Prison Disciplinary System: Rules and Penalties
FAULTS
Punishable behaviors are classified into:
- Very serious – art. 108
- Serious – art. 109
- Mild – art. 110
PENALTIES
Penalties are regulated in arts. 42.2 of the LOGP, 111 and 233 RGP 1996. This provision dictates the penalty for each offense, according to its severity:
For serious offenses, the only possible penalty is solitary confinement.
Compliance can only start after an authorized medical report. The doctor’s visit should be a daily report to the Director regarding the desirability to suspend or vary the penalty. These reports must be performed daily.
Solitary confinement is served in the inmate’s normal cell. If the cell is shared, it will be served in another single cell with the same measures and conditions. Punishment cells are strictly forbidden. During solitary confinement, the inmate is allowed two hours alone in the yard and may not receive packages from abroad or acquire products from the company store, except in cases authorized by the Director.
The penalty of solitary confinement can be 6-14 days (for obvious cases of aggression or violence by the offender or when they repeatedly and severely alter the normal contact center) and up to seven weekends (when there are no such circumstances).
For serious offenses:
- Asylum in cell Monday to Friday for up to five days, whenever there are aggressive, violent, or repeated and severe impairments of cohabitation.
- Deprivation of sightseeing and recreational activities common to three days to one month maximum.
- Limitation of oral communications to the statutory minimum for a month at most.
- Deprivation of exit permits for a period of up to two months.
- In all these cases, the assumption is that there are no such circumstances before these.
For minor offenses:
- Deprivation of tours and recreational activities common to 3 days
- Reprimand.
Disciplinary System. Characteristics and Purpose
The disciplinary rules serve to ensure security and good order, as well as a regimental orderly coexistence.
ADJUSTMENT
LOGP is regulated in Arts 41-44. Also in articles 231-262 of the RGP. Ss. RGP 108 to 110 of 1981 govern the offense. Art. 108 serious, 109 serious, 110 slight.
We must also take into account articles 127-138 of the LRJAPPAC, whose principles are explicitly stated as applicable to the prison system by express reference Art. 232.1 of the RGP.
IDEM PRINCIPLE IS NON BIS ART. RGP 232.4
Prohibits the application of two or more sanctions or the development of two procedures, either in one or more orders of sanction, when subjects’ identity, facts, and fundamentals are the same.
Proportional principle
To adapt the sanction to the seriousness of the offense, taking into account the nature of the infraction, severity of damage, degree of implementation of the facts, Art. RGP 234.
EXECUTIVE
Do not confuse the suspension of the sanction of isolation that comes from talking to the automatic suspension of any sanction as a result of the filing of an appeal to the JVP-Art. 252 of the RGP. Sanctioning agreements are not enforceable until the appeal by the inmate before the judge of prison supervision has been decided, or if that was not brought until the time period for such appeal (5 days). But this rule has an exception, art. 44.3 252.2 of the RGP and the LOGP-that is, acts of serious misconduct that may not be delayed, corresponding to the decision to the Disciplinary Committee. This means the acts of serious indiscipline in subparagraphs a) f) art. RGP 108 1981. In this immediate execution, the sanction of solitary confinement is not excluded. The agreement of immediate execution of the penalty may be appealed to the JVP by internal processing regardless of the appeal against the penalty.
When the penalty is solitary confinement for longer than 14 days, it must be approved by the JVP, with court approval being a condition of validity. This means that without such approval, it shall not be enforceable under any circumstances-art. RGP-253.
Where there is compliance with the sanctions referred to isolation cell and rise above, taken together, the fourteen days of isolation, they must all be approved by the JVP-ART 236.3 of the RGP and 76.2 d), but the Commission LOGP Discipline may order the immediate implementation of the sanctions solitary confinement where the cumulative period does not exceed fourteen days.