Prison Regulations

Includes correction of errors published in BOE No. 112 of 8 May 1996. Ref. BOE-A-1996-10201

I

This Royal Decree approves the Prison Regulations for the development and implementation of the Organic Law 1/1979 of 26 SeptemberGeneral Prisons (LOGP), which is conducting a complete reform of the prison regulations of 1981.

The need to address a comprehensive reform of the Prison Rules adopted by the Royal Decree 1201/1981 of 8 May 1981already made clear in the preamble to Royal Decree 787/1984 of 26 March, which made the most extensive partial amendment of the Decree. From that moment to the present the reasons that led to think of the need to develop a new Prison Regulation capable of extracting the most innovative potentials of the LOGP have not only not disappeared but have increased.

It is in the aspect of the execution of the treatment - in accordance with the principle of scientific individualization that permeates the LOGP - that the most innovative potential is found for the Prison Administration to improve the fulfilment of the mission of preparing prisoners for the life in freedom entrusted to it, the achievement of which requires expanding the offer of specific activities and programmes for prisoners, enhancing the benefits aimed at alleviating, as far as possible, the shortcomings and problems presented by inmates and, ultimately, preventing the inmates from staying in prisons from being idle and lost time.

Also, the recent reform of our criminal legislation through the enactment of the Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Codeand the amendment to Article 38 of the LOGP by the Organic Law 13/1995 of 18 December 1995, which requires the regulation of maternal units and family visits, advises not to delay the adoption of a new regulation that provides the Administration with the appropriate normative instrument to address the policy required by the current prison period and to respond to the new challenges posed.

What has been said thus far would simply justify the effort involved in the drafting of a new Prison Regulation. There are other reasons, however, which make it necessary to establish this new regulatory framework. Spanish society has undergone a very important transformation in the last fifteen years, a transformation from which prison reality has not been spared.

The current situation is very different from that of 1981, not only because of the significant increase in the prison population - which has required a major effort to provide the administration with new infrastructure and to adapt the management models of the centres - but also because of the substantial variations in their composition (increased presence of women and foreign prisoners, ageing of the prison population), because of the variation in the sociological profile of the prisons as a result of the prevalence of urban and suburban crime and the irruption of the phenomenon of organized crime, which generate minority groups of prisoners with a high potential for destabilizing the security and good order of prisons.

The emergence of new pathologies with a special impact on the prison population (drug addiction, AIDS, etc.), as well as the universalization of health care provision, require a complete remodelling of the regulations governing one of the basic benefits of the prison administration, such as health care. In this area, as in the field of education or social assistance, regulatory regulations, prior to the entry into force of the basic laws regulating each of these sectors -General Health Act of 1986, Law on the General Planning of the Educational System of 1990 - must be adapted to the principles set out therein, as well as to the effective assumption of powers by various Autonomous Communities.

In turn, the changes in the forms of recruitment, the statutory framework of the civil service, the legal system of the administration and the administrative procedure, which are regulated in the Laws following the Prison Regulations of 1981, and which logically result in direct application to the prison activity, also require a profound reorganization of the matters concerned, consolidating the progress established in them under the criterion of “normalization” of the penitentiary institutions, in the sense of not defining specific frameworks except in those matters which, by reason of the singularity of the activity, require it to do so, thus breaking the dynamic of “marginalization” to which the penitentiary institutions are unconsciously subjected and which has often been denounced by doctrine and the courts.

On the other hand, the important case law exegesis of the LOGP constitutes a very valuable wealth that has been sought to incorporate into the new text the fruitful doctrine established, especially that determined by the Constitutional Court, with a normative status.

The development of new technologies and the progressive socialization of their use has also not been a process from which the penitentiary institution has been exempted. It is therefore necessary to integrate the regulations on the use of computer files and the use of these technologies by the internal ones themselves.

The progressive change of mentality, habits and customs of Spanish society has also had an obvious impact on the prison system, requiring the easing of certain rules, especially in the field of prisoner communications.

Finally, the new Prison Regulation incorporates into its text the progress that has been made in the field of intervention and treatment of inmates, consolidating a conception of treatment more in line with the current approaches of legal dogmatics and conduct sciences, with emphasis on the resocializing component rather than the clinical concept of it. Therefore, the Regulation opts for a broad conception of treatment that not only includes therapeutic-assistance activities, but also training, educational, labour, sociocultural, recreational and sports activities, conceiving the reinsertion of the prisoner as a process of integral formation of his personality, providing him with efficient instruments for his own emancipation.

In this field, the treatment experiences generated by prison practice, as well as others arising from comparative law, are also incorporated into the Regulation.

II

The main developments in the extensive contents of the Prison Regulations adopted by this Royal Decree are aimed at the following objectives:

(a) To deepen the principle of scientific individualization in the execution of prison treatment. To this end, the application of individualized models of intervention for pretrial detainees (which represent about 20 per cent of the prison population) is introduced, as soon as it is compatible with the constitutional principle of presumption of innocence. This measure prevents a large part of the prison population from being held in prison only for custodial purposes, while expanding the range of educational, training, socio-cultural, sports and means of assistance that are programmed to enable their stay in prison to alleviate, as far as possible, the shortcomings identified.

In the same vein, the regulation of special forms of execution (Title VII), planned departures (Article 114) and specialized action programmes (Articles 116 and 117) provide the necessary means to adapt treatment to the individual needs of each inmate, whose programme may even combine elements of different grades of classification, under the conditions laid down in Article 100(2), which introduces the principle of flexibility.

Special forms of execution include the establishment of social integration centres and detailed regulations on dependent units and extra-penitentiary units, as instruments for the treatment of specific groups of prisoners, which make it possible to use the extra-penitentiary resources available in the society entrusted with their management through the collaborating bodies (art. 62).

The development of the mother units and the mixed departments - the latter being exceptional - extends the constitutional principle of protection of the family to the penitentiary sphere, to alleviate, as far as possible, the restructuring of family groups with several members in prison and to provide the necessary specialized assistance to children under three years of age living in prison with their mothers, in line with the recent amendment of article 38 of the LOPP.

(b) The widespread use of tools for the design and implementation of treatment implies greater enhancement and diversification of the range of activities, in order to avoid any gaps in content in these instruments, and to stimulate the life of prisons which, without prejudice to their custodial functions, are constituted as a genuine public service aimed at the resocialization of prisoners.

(c) Opening prisons to society - which is increasingly demanding participation and increasingly engaging in prison activity - to enhance the action of the Administration within existing resources in society and to strengthen the links between offenders and their families and the community, in line with the conclusions of the United Nations at its meeting in Tokyo in December 1990.

The Regulation not only contains a varied list of contacts with the outside world (exit permits, special communications, empowerment of the open regime, extra-penitentiary treatment), but also strongly encourages the collaboration of public and private entities involved in the assistance of prisoners.

(d) In the area of prison conditions, the Regulation redefines the closed regime (Chapter IV of Title III) by establishing two life arrangements: special departments for direct control of extremely dangerous inmates and closed-regime units or centres for prisoners who are manifestly unfit for common regimes, the purpose of which is to be determined by reasoned decision on the basis of objective cases.

In any case, both modes of life carry out programmed activities to meet treatment needs and encourage their adaptation to the ordinary regime, and their regulatory limitations are less severe than those established for the enforcement of solitary confinement, on the grounds that the closed regime, although it contributes to the maintenance of security and good regimental order, is not punitive in nature, but is based on reasons of classification of prisons in the first degree.

With regard to the legal status of prisoners, the Prison Regulations comprehensively regulate their rights and duties, as well as their access to public administration benefits.

In this regard, efforts have been made to incorporate most of the recommendations of the Council of Europe concerning foreign prisoners - who cannot be discriminated against on the basis of their nationality - and educational activities and health benefits.

It highlights the new regulation of matters affecting the right to privacy of prisoners, such as the protection of personal data contained in prison files and the reception of the doctrine of the Constitutional Court on communications with defence lawyers and on how to conduct personal searches.

In disciplinary matters, the offences established in articles 108, 109 and 110 and the penalties provided for in article 111 have been upheld, as well as the determination of the acts of serious indiscipline in the first paragraph of article 124, all of which are covered by the Prison Regulations adopted by the Royal Decree 1201/1981 of 8 May 1981in the wording given by Royal Decree 787/1984 of 26 March 1984 for the failure to amend the LOGP in these matters. However, a procedure for sanctioning due process has been regulated in detail, in line with the constitutional doctrine and the observations made by the supervisory judges. Furthermore, it specifies the manifestations of the principle of opportunity in disciplinary matters by regulating the mechanisms for deferment, suspension of effectiveness and reduction or revocation of the sanctions imposed.

In another way, the pending regulation of the special employment relationship in prisons is addressed, within which productive work for the benefit of inmates is exclusively the only form of prison work that has the typical notes of the employment relationship.

As regards the control of prison activity, the Ministry of Public Prosecutions has been involved in numerous matters and has been more closely involved with the supervisory courts.

III

In the structural aspects, to improve management, the Regulation regulates the new models of the prison administration's provisional system - with a special impact on health care - and the organization of prisons.

The prison administration alone cannot cope with the many benefits that a comprehensive conception of health implies, and, with health services having overall responsibility for health care, it is necessary to articulate channels of collaboration based on a principle of co-responsibility between the prison administration and the competent health authorities, according to which the principle of universalization of care can be implemented, guaranteeing optimal levels of use of resources and the effective right to health protection of inmates, in accordance with integrated assistance, promotion and prevention, equity and overcoming inequalities.

In this regard, Chapter I of Title IX guarantees the right of inmates to health care aimed at prevention, healing and rehabilitation, and regulates the co-responsibility of the prison administration and health authorities, which will be articulated through the formalization of the corresponding collaboration agreements that include protocols, plans, procedures and financial responsibilities.

With the same aim of optimizing the use of extra-penitentiary resources, social action and social services in prisons are reorganized and coordinated with the public social assistance networks of the public administrations.

Finally, Title XI contains the new organizational model of prisons, which applies only to the Autonomous Communities with executive powers in prison matters as a substitute right. Its basic purpose is to rationalize and deconcentrate the functions performed in prisons (treatment, regime, disciplinary authority and economic management) between specialized collegiate bodies to adapt management to the new reality of multipurpose establishments and, in general, to boost prison management by enhancing the participation of public employees.

By virtue of that provision, in the exercise of the powers conferred on them by Articles 97 and 149.1.6.a of the Constitutionon the proposal of the Minister of Justice and Home Affairs, after having received a favourable report from the General Council of the Judiciary, with the approval of the Minister for Public Administrations, in agreement with the Council of State and after discussion by the Council of Ministers, at its meeting on 9 February 1996,

I HEREBY DECREE:

Sole article. Adoption of the Rules of Procedure.

The Prison Regulations are being adopted, in the course of implementation of the Organic Law 1/1979 of 26 September, Prison General, the text of which is inserted below.

Additional provision one. Municipal warehouses of detainees at the disposal of the courts.

1. The competent prison administration shall hand over to the municipal councils the head of the judicial party in which there is no penitentiary establishment, for the expenses of food and subsistence of the detainees and maintenance of the facilities, an amount per detainee per day, to be determined by order of the Minister of Justice and Interior or equivalent regional resolution.

2. The City Councils shall report monthly, through the prisons located in the capital of the province, to the Ministry of Justice and the Interior or to the corresponding body of the Autonomous Community, by means of a certificate of the number per day of detainees and prisoners at the disposal of the courts or sentenced to weekend arrest, with the expression of their personal circumstances, issued by the secretary of the municipal corporation or by the person in charge of the deposit, with the consent of the Mayor. Such certification shall necessarily accompany a certified copy of the arrest, detention, transfer or release orders issued by the judicial authorities.

Second additional provision. Prison housing.

1. The housing, residences and dependencies attached to the various prisons and correctional facilities are public property affected by the public use of house-rooms of the directors, officials and staff of permanent prison establishments in the respective prisons, who will be excluded from leasing as provided for in the Article 5 of the Urban Leases Act.

2. Due to the needs of the prison administration, these property may be disaffected by the procedures established by law for its integration into the State or the corresponding Autonomous Community and its eventual disposal, as well as for a different public use.

3. The appeals derived from the fees for the use of dwellings, residences and units intended for prison staff and staff shall be the nature of public revenue, which shall be entered into the Public Treasury for subsequent incorporation, through generations of credit, into those budgetary concepts of the corresponding Prison Administration's expenditure budget that contribute to the better fulfilment of the purposes of prison activity set out in article 2 of the Prison Regulations.

4. By order of the Minister of Justice and Home Affairs or equivalent regional resolution, the managing bodies, the award systems, the obligations and rights of users and the prison administration, the causes of termination of the transfer of use and the administrative eviction procedure for the enforced execution of eviction decisions shall be regulated.

Additional provision three. Prison decorations.

1. Public employees assigned to the prison administration may be awarded, subject to a record of merit, with the following rewards, which shall be entered in their personal records and certified by a diploma issued in the name of the person concerned by the authority granting them:

(a) Honorable mention, for the performance of relevant actions in the performance of assigned tasks, as well as for the satisfactory provision of services in correctional institutions for prolonged periods of time.

The honorary mention shall be granted by decision of the State Secretariat for Prison Affairs.

(b) Gold Medal for Prison Merit, for the performance of services in the penitentiary field, whether or not related to the tasks of the job, which are of extraordinary relevance and indicate a high spirit of service.

This decoration will be awarded by order of the Minister of Justice and the Interior and confers on the holder the treatment of most excellent lord.

(c) The Silver Medal for Prison Merit, for the provision of services of special relevance related to prison activity on a continuous basis that indicate superior initiative and dedication.

(d) Medal of Bronze to Prison Merit, for the provision of relevant services related to prison activity that denote a special initiative and dedication without the participation of the superiors referred to in paragraphs (a) and (b).

The decorations in paragraphs (c) and (d) shall be awarded by decision of the Secretary of State for Prison Affairs.

2. Institutions, corporations, foundations, associations and enterprises, public or private, and, where appropriate, individuals, who have distinguished themselves in their cooperation with the Prison Administration, in any of the manifestations of prison activity, may be rewarded with the following decorations, which shall be accredited by a diploma issued in the name of the entity or person awarded by the authority granting them:

(a) Gold Medal for Social Prison Merit, for the performance of services of extraordinary importance, for the creation of partners in the reintegration and resocialization of prisoners or for the extraordinary support given to the Prison Administration in the performance of its assigned functions, as well as for its extraordinary contribution to the improvement of prison activity in any of its manifestations;

The award of the Gold Medal to the Prison Social Merit shall be made by order of the Minister of Justice and Interior.

(b) Silver Medal for Social Prison Merit, for the performance of important services in the prison field, as well as for its important contribution to the improvement of prison activity in any of its manifestations.

(c) Bronze Medal to the Social Prison Merit, where merits similar to those set out in paragraphs (a) and (b) are obtained without the extraordinary and special merits indicated therein.

The decorations of paragraphs (b) and (c) shall be awarded by decision of the Secretary of State for Prison Affairs.

3. The National Victoria Kent Prize will be awarded annually by decision of the State Secretariat for Prison Affairs. This decision shall determine the basis for the Award and designate the jury responsible for its award, which shall assess the extraordinary merits of the institutions or individuals involved in it in the defence of human rights, in the field of prisons, or of the tasks of reinsertion and resocialization of prisoners of extraordinary importance, as well as in the promotion of multidisciplinary prison research.

4. On an annual basis, the General Secretariat of Penitentiary Institutions will call for the award of the Concepción Arenal National Prize for Penitentiary Journalism to the person or media that stands out for their special dedication to the prison environment, manifested through a sustained trajectory over time or through the performance of one or more journalistic research works of verified informative quality.

According to the ministerial order regulating the basis of this award, the criteria for the selection of the beneficiary of the prize will be applied to informational rigour; informative interest; visibility of policies and achievements of re-education or social reintegration of persons deprived of their liberty; and depth and complexity of the analysis of the prison reality that has been carried out.

The prize shall be awarded by a decision of the holder of the General Secretariat of Penitentiary Institutions.

Paragraph 4 is added by Art. 1 of Royal Decree 268/2022 of 12 April 2022. Ref. BOE-A-2022-6046

Additional provision four. Organizational arrangements.

1. In the area of the General State Administration, a directorate is the prison administration body with a rank equal to or higher than the Directorate-General which has the corresponding powers.

2. The level of the single-person bodies regulated by the Prison Regulations shall be determined in the corresponding employment list.

3. In the list of jobs of the General Prison Administration of the State, the post of Territorial Coordinator will be created, with the number of endowments, characteristics and content to be determined therein.

Transitional provision 1st. Redemption of penalties for work and transitional legislation.

1. Articles 65 to 73 of the Prison Services Regulations, approved by Decree of 2 February 1956, and the additional provisions adopted by the Prison Administration to that date in respect of the redemption of sentences for work, shall continue to apply after the date of entry into force of the Prison Regulations approved by this Royal Decree, for the sole purpose of:

(a) To determine the penal law most favourable to the offender, as provided for in the first, second, third and fourth transitional provisions of the Convention; Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code.

(b) For the purpose of serving the sentences imposed and to be carried out in accordance with Spanish Criminal Code repealed by: Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Codein application of the provisions of the aforementioned transitional provisions of the Organic Law.

2. Where in application of the above transitional provisions of the Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Codethe Judges or Tribunals had not agreed to review the judgment as the liquidation carried out in accordance with Spanish Criminal Code and, as a result of the loss by the prisoner of the benefit of the redemption of sentences for work, it appears that the sentence being carried out may be longer than that which would be due to the said sentence. Organic Law 10/1995the Director of the prison, acting on his own initiative or at the request of the prisoner, shall inform the judge or court thereof.

3. In no case shall the provisions on the redemption of penalties for work be applicable to those who are subject to the provisions of the Convention. Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code.

4. Where a convicted person is required to serve two or more custodial sentences, one of which must be executed in accordance with the rules of the Spanish Criminal Code repealed and others under the Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Codeshall commence enforcement of the penalties to be imposed by the repealed Code, applying, among them, the priority criterion set out in article 70.1 of the Code.

Once all of these have been completed, the execution of the sentences imposed or revised under the Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Codethe priority criterion of article 75 of the Code of Criminal Procedure is applied between them. In no case shall the benefit of the redemption of penalties for work be applied to these penalties.

The Director of the Centre shall notify the relevant Supervisory Judge of the order of compliance in accordance with the above two paragraphs for the appropriate purposes.

5. The following rules shall apply to the calculation of three quarters of the sentence or other periods of time with legal effect:

1. All sentences of imprisonment shall be added, irrespective of whether they correspond to one or the other Code, so that the sum of those sentences shall be considered as a single penalty. The partial sum of the penalties to be carried out under the repealed Code shall be reduced on the days of redemption granted to the prisoner.

2.a In cases where the prisoner is sentenced to several penalties, some of which are governed by the repealed Code and others by the Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Codeand the application of the criminal rules on the cumulation of sentences provided for in article 70.2 of the repealed Code or article 76.2 of the said Code Organic Law 10/1995the execution of the resulting penalty shall be carried out by the judge or court, in order to submit the execution to the rules of one or the other Code.

Transitional provision 2nd. Adjustment of internal rules.

1. Within three months, from the date of entry into force of the Prison Regulations approved by this Royal Decree, the Boards of Directors of the Prisons shall bring the rules of the internal regime of the prison corresponding to the provisions contained therein into force, and shall continue to apply the previous internal rules until such time as the said adjustment has taken place.

2. The new internal rules, once appropriate by the Board of Directors, will be forwarded to the appropriate prison management centre for approval.

Transitional provision 3 Services, units and jobs in prisons.

The content of Articles 277 to 324; 328-332 and 334-343 of the Prison Regulations approved by Royal Decree 1201/1981 of 8 May 1981the prison administration shall remain in force, with the rank of decision of the relevant prison administration management centre, in so far as it does not oppose the provisions of the Prison Regulations approved by this Royal Decree, until the decision of the relevant management centre establishing the new regulation of the organization of the services and units of the prisons, as well as the functions of each of the places of work of the prisons, is issued.

Transitional provision 4 Recast of circulars, instructions and service orders.

1. Recasting, harmonization and alignment with the provisions of the Prison Regulations approved by this Royal Decree of the circulars, instructions and service orders issued by the governing bodies of the Ministry of Prison Affairs before the entry into force of this Regulation shall be carried out. Such circulars, instructions and service orders shall remain in force, in so far as they do not conflict with the provisions of that Regulation, from the date of their entry into force and until such recasting takes place, at which time they shall apply in full.

2. Circulars, instructions and service orders shall be published on a regular basis in the Information Bulletin of the Ministry of Justice and the Interior or equivalent Autonomous Bulletin, as provided for in the Article 37.10 of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

Transitional provision fifth. Transitional arrangements for procedures.

1. The procedures already initiated before the entry into force of the Prison Regulations approved by this Royal Decree shall be governed by the previous procedural rules, without the procedural rules contained therein being applicable to them.

2. In cases of disciplinary detention proceedings initiated before the entry into force of the said Regulation in which the imposition of the penalty has not been ordered at the time of its entry into force, the body competent to impose it may apply the rules contained in Chapter II of Title X thereof as soon as they are more favourable to the offender.

3. The procedural provisions contained in the internal rules and in previous circulars, instructions and service orders shall continue to apply, to the extent that they do not oppose the provisions of that Regulation, until the adaptation referred to in the second transitional provision and the recasting, harmonisation and adequacy referred to in the fourth transitional provision have taken place.

4. The procedures initiated after the entry into force of the Prison Regulations approved by this Royal Decree shall in any event be governed by the procedural rules contained therein and, to the extent that they are not incompatible with those rules, by those contained in the internal rules, circulars, instructions and previous orders of service, until the adaptation, recasting and harmonization referred to in the second and fourth transitional provisions occurs.

Single derogation provision. Repeal of regulations.

1. All rules of equal or lower rank which contradict or oppose the provisions of this Royal Decree and the Prison Regulations adopted by it are repealed.

2. The following provisions are expressly repealed:

(a) All the provisions of the Prison Services Regulations, approved by Decree of 2 February 1956, declared in force by the Royal Decree 1201/1981 of 8 May 1981approving the Prison Regulations, without prejudice to the provisions of the first transitional provision.

(b) The Royal Decree 1201/1981 of 8 May 1981on the adoption of the Prison Regulations and the Royal Decree 787/1984 of 28 March 1984which amended the previous paragraph, with the exception of the provisions set out in the following paragraph.

(c) The Royal Decree 2715/1986 of 12 December 1986on the provision of financial resources to municipalities for the maintenance of the Detainees Deposit Service

(d) The Royal Decree 319/1988 of 30 March 1988, on extra-prisoner hospital care for inmates.

3. Notwithstanding paragraph (b) of the preceding subparagraph, articles 108, 109, 110 and 111 and the first subparagraph of article 111 continue to apply. Article 124 of the Prison Regulations approved by Royal Decree No. 1201/1981 of 8 May 1981in the wording given by Royal Decree 787/1984 of 26 March, concerning offences or offences committed by prisoners, disciplinary sanctions and acts of serious indiscipline, the punishment of which can be immediately executed.

Drafted paragraph 2(b), (c) and (d) in accordance with the correction of errors published in BOE No. 112 of 8 May 1996. Ref. BOE-A-1996-10201

Unique final disposition. Development and entry into force

1. The Minister of Justice and the Interior is authorized to issue any provisions implementing and implementing the Prison Regulations approved by this Royal Decree, without prejudice to the specific development powers conferred on the Ministry of State for Prison Affairs and the relevant management centre under other provisions of the Royal Decree.

2. This Royal Decree and the Prison Regulations which it approves shall enter into force after publication in the Official Gazette of the State on 25 May 1996.

Given in Madrid on 9 February 1996.

JUAN CARLOS R.

The Minister of Justice and Home Affairs,

JUAN ALBERTO BELOCH JULBE

PENITENCIAL REGULATION

TITLE I

General provisions

CHAPTER I

Scope of application and general principles

Article 1. Objective and subjective scope of application.

1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Organic Law 1/1979 of 26 SeptemberGeneral Prisons regulates the execution of sentences and security measures in custody, as well as the regime of detainees at the disposal of the courts and remand prisoners, which is directly applicable throughout the territory of the State.

2. However, in those Autonomous Communities which exercise powers to implement State prison legislation, by virtue of their power of self-organization, the provisions of Titles XI and XII governing organizational or administrative matters relating to the economic and administrative regime of prisons, as well as those provisions contained in other Titles regulating aspects of the same nature, shall apply.

3. This Regulation shall apply as a substitute to military prisons.

Article 2. Purposes of prison activity.

Prison activity is primarily aimed at the re-education and social reintegration of sentenced prisoners and custodial security measures, as well as the detention and custody of detainees, prisoners and convicts and the social assistance of released prisoners and their families.

Article 3. Principles.

1. Prison activity shall be carried out with the guarantees and within the limits established by the Constitution And the law.

2. The rights of prisoners may be restricted only when the law so provides.

3. Inspiring principle of the enforcement of custodial sentences and security measures will be the consideration that the prisoner is a subject of law and is not excluded from society, but continues to be part of it. Consequently, life in prison should take as a reference life in freedom, reducing to the maximum the harmful effects of detention, promoting social ties, the collaboration and participation of public and private entities and access to public benefits.

4. As soon as it is compatible with their procedural situation, remand prisoners may have access to educational, training, sports and cultural activities held in the penitentiary, under the same conditions as those sentenced.

5. The governing bodies of the Prison Administration may direct the activities of their hierarchically dependent bodies by means of circulars, instructions and service orders.

CHAPTER II

The rights and duties of prisoners

Article 4. Right.

1. Prison activity shall be carried out in accordance with the personality of the inmates and the rights and legitimate interests of the inmates not affected by the conviction, without any discrimination on the grounds of race, sex, religion, opinion, nationality or any other personal or social condition or circumstance.

2. As a result, inmates shall have the following rights:

(a) The right for the prison administration to ensure their lives, integrity and health, without in any case being subjected to torture, ill-treatment by word of mouth or work, or to unnecessary rigour in the application of the rules;

(b) The right to preserve his dignity and privacy, without prejudice to the measures required by his or her orderly life in prison. In this sense, they have the right to be designated by their own name and to have their status reserved against third parties.

(c) The right to exercise civil, political, social, economic and cultural rights, except where they are incompatible with the object of their arrest or the execution of their sentence.

(d) The right of convicted persons to receive prison treatment and the measures to be planned to ensure its success.

(e) Right to relations with the outside world as provided for by law.

(f) The right to gainful work, within the availability of the prison administration.

(g) The right to access and benefit from public benefits that may be due to them.

(h) The right to prison benefits provided for by law.

(i) Right to participate in the activities of the centre.

(j) The right to make petitions and complaints to the prison, judicial, Ombudsman and Public Prosecutor ' s Office, to address the competent authorities and to use the means of defending their legitimate rights and interests referred to in Chapter V of Title II of these Regulations.

(k) The right to receive personal and updated information on their procedural and prison situation.

3. These and other rights which may be derived from prison regulations may be exercised through information and communication technologies, depending on the material and technical possibilities of each prison. In the exercise of these rights through the use of information and communication technologies, the principles in force at each time in the field of digital security and data protection, as well as the rules governing the internal regime of the penitentiary, must in any case be respected.

Paragraph 3 is added by Art. 2.1 of Royal Decree 268/2022 of 12 April 2022. Ref. BOE-A-2022-6046

Article 5. Duties.

1. The intern is incorporated into a community that links him in a particularly close way, so that he can be required to collaborate actively and to behave in solidarity in the fulfilment of his obligations.

2. Accordingly, the prisoner shall:

(a) To remain in the establishment until the time of his release, at the disposal of the judicial authority or to serve the sentences of deprivation of liberty imposed on him.

(b) To comply with internal regulations and orders received from prison staff in the legitimate exercise of their powers.

(c) To work actively towards an orderly coexistence within the centre and to maintain an attitude of respect and consideration for the authorities, officials, workers, collaborators in penitentiary institutions, prisoners and other persons, both inside and outside the facility, when they have left the facility for justified reasons.

(d) Appropriately use the material means made available to them and the facilities of the establishment.

(e) To observe proper hygiene and personal hygiene, dress correction and compliance with hygiene and sanitary measures established for this purpose.

(f) To provide the mandatory personal benefits imposed by the Prison Administration for the good order and cleanliness of establishments.

(g) To participate in the training, educational and work activities defined in the light of their shortcomings in preparing for life in freedom.

CHAPTER III

Protection of personal data in prison files

Article 6. Limitation of the use of prison information technology.

1. No decision of the Prison Administration involving an assessment of the prisoners ' human behaviour may be based solely on automated processing of data or information providing a definition of the prisoner ' s profile or personality.

2. The collection, automated processing and transfer of personal data of prisoners contained in the files shall be carried out in accordance with the legislation on the protection of personal data and its implementing rules.

3. The prison authorities responsible for prison computer files shall take the necessary technical and organisational measures to ensure the security of the personal data contained therein, as well as to prevent their alteration, loss, processing or unauthorized access, and shall be obliged, together with those involved in any stage of the automated processing of this type of data, to keep professional secrecy over such data, even after their relationship with the prison administration has ended.

4. The Prison Administration may establish files of inmates whose purpose is to ensure the security and good order of the institution and the integrity of the inmates. In no case shall inclusion in such a file determine for itself a life regime other than that which is the subject of the regulation.

Paragraph 2 is amended and Article 4 is added. 1 of Royal Decree 419/2011 of 25 March. Ref. BOE-A-2011-5463.

Article 7. Collection and transfer of personal data from inmates.

1. Where personal data of prisoners are collected for the performance of the functions of the Prison Administration, the consent of the prisoner concerned shall not be required, except in the cases referred to in the Article 15 bis of Organic Law 1/1979, 26 September.

2. Nor shall the consent of the prisoner concerned be required in order to transfer to other public administrations, within the scope of their respective competences, personal data contained in prison computer files which are necessary for them to carry out their functions in respect of inmates in the areas of social services, social security, custody of minors or similar.

3. Personal data contained in prison computer files may also be transferred without the prior consent of the person concerned when the assignment is addressed to the Ombudsman or similar institution of the Autonomous Communities exercising executive powers in prison matters, to the Public Prosecutor ' s Office or to the Judges or Courts, in the exercise of their assigned functions, as well as in the case of the transfer of personal data relating to the health of prisoners for reasons of urgency or for conducting epidemiological studies.

4. The transfer of data referred to in paragraphs 2 and 3 of this Article shall always be carried out in accordance with the provisions of Organic Law 7/2021 of 26 Maythe protection of personal data processed for the purposes of prevention, detection, investigation and prosecution of criminal offences and the enforcement of criminal sanctions.

5. International transfers of personal data contained in prison computer files shall be made in the case of the provision of judicial assistance, in accordance with the provisions of the treaties or conventions to which Spain is a party or of the applicable European Union legislation.

It is amended by art. 2.2 of Royal Decree 268/2022 of 12 April 2022. Ref. BOE-A-2022-6046

Article 8. Specially protected prison data.

1. Notwithstanding the provisions of the preceding article, personal data of prisoners relating to political opinions, religious or philosophical convictions, racial and ethnic origin, health or sexual life, which have been collected for the purpose of formulating individualized models of execution or prison treatment programmes, may be transferred or disseminated to other persons only with the express written consent of the prisoner concerned or where, for reasons of general interest, a law so provides.

2. When such data are requested from the Prison Administration, especially protected by means of the prisoner ' s representative, special powers, which are sufficiently granted by the prison administration, must be required to expressly state his/her consent so that his/her representative may have access to such personal data of the prisoner.

Article 9. Rectification and data retention.

1. Prisoners may request correction from the Prison Administration of their personal data contained in prison computer files that are inaccurate or incomplete. The person concerned shall be informed of the rectification within two months of his or her request and the assignee(s) of the rectification if the incorrect information has been the subject of prior assignment.

2. The personal data of prisoners contained in prison computer files shall not be cancelled when, weighted by interests in the presence, there are reasons of public interest, security and protection of the rights and freedoms of third parties, as well as when they have an intrinsic value of historical and statistical nature for research purposes.

CHAPTER IV

Prisons

Article 10. Definition.

1. For the purposes of this Regulation, an establishment or centre means an architectural, administrative and functional entity with its own organisation.

2. The establishments shall consist of units, modules and departments that facilitate the distribution and separation of inmates.

Article 11. Units and services.

1. Prisons shall be provided with all the facilities and services deemed necessary to allow for orderly coexistence and adequate separation of inmates, in accordance with article 13 of the General Prisons Organization Act.

2. They will also have adequate premises for the development of the various activities entrusted to the prison staff of the establishment.

Article 12. Multipurpose establishments.

1. A multi-purpose establishment is defined as one that fulfils the various purposes provided for in articles 7 to 11 of the General Prison Organization Act.

2. In multipurpose establishments, care should be taken to ensure that each department, module or unit of the institution is guaranteed, on an equal footing, the general services and benefits appropriate for the specific purposes to which they are intended and the generals of the penitentiary system, and in particular the separation of convicted persons from pretrial detainees.

Article 13. The cellular principle.

1. The prison system shall be guided by the cellular principle, so that each inmate has a cell, unless its dimensions and conditions of habitability allow, while preserving privacy, more than one person to be accommodated, in which case it may be authorized to share a cell at the request of the inmate, provided that there are no reasons for treatment, doctors, order or security that discourages it.

2. Temporarily, when the prison population exceeds the number of individual places available, more than one prisoner per cell may be accommodated.

3. In special and open-plan establishments, collective dormitories may exist, subject to the appropriate selection of the inmates who occupy them.

Article 14. Habitability.

1. Collective cells and dormitories must have sufficient space, light, natural ventilation and furniture to make them habitable, as well as hygienic services.

2. Every inmate will have the necessary clothes for his bed and personal use and a suitable place to keep his belongings, even if he is sharing a cell with others.

3. The Administration shall ensure that the general criteria of habitability and comfort are met in the distribution of spaces and in the ornamentation of buildings.

TITLE II

From the general organization

CHAPTER I

Admission to a penitentiary establishment

Article 15. I'm in.

1. The entry of a person into prison as a detainee, prisoner or convicted person shall be carried out by means of a judicial warrant of arrest, a warrant of detention or a final judgement of the competent judicial authority, except as provided for in the following two paragraphs.

2. If the arrest warrant is issued by the Judicial Police, it shall expressly state the following points:

(a) Identification of the detainee.

(b) Accused offence.

(c) He is at the disposal of the courts.

(d) Time and day of expiry of the maximum period of detention.

The Directorate of the Centre may, on grounds of refusal, refuse entry if the detention order issued does not expressly state the above-mentioned points.

3. Where the arrest has been agreed upon by the Public Prosecutor ' s Office, the order shall contain the details of the identification of the investigation proceedings and the time of expiry of the maximum period of detention.

4. In the cases referred to in the preceding two paragraphs, admitted entry, the Centre's Directorate shall proceed in accordance with the provisions of Article 23.

5. Foreign prisoners have the right to have their imprisonment brought to the attention of the relevant diplomatic or consular authorities. To this end, at the time of entry, including the volunteer referred to in the following article, they shall be informed in a manner that is understandable, if possible in their own language, of this right, by requesting in writing their authorization to proceed, where appropriate, to such communication.

6. Once an inmate is admitted into an establishment, care shall be taken to ensure that the admission procedure is conducted with the greatest possible privacy, in order to reduce the negative effects that may arise from the first moments in a prison.

Article 16. Voluntary presentation in a penitentiary facility.

1. Notwithstanding the provisions of the preceding article, a person who presents himself voluntarily may be admitted to a penitentiary establishment.

2. In any event, the prisoner ' s voluntary presentation shall be expressly recorded in his personal prison record, and the prisoner shall be provided with proof of such proof, if requested.

3. In cases of voluntary income, the Director of the Centre shall obtain from the Judge or Court, within 24 hours of admission, the corresponding order, as well as, where appropriate, the testimony of sentence and the liquidation of sentence. In the case of escaped inmates who voluntarily decide to return to an establishment other than the original, the establishment from which the necessary data from their personal file have been evaded shall be requested, without prejudice to what is determined in relation to their destination or transfer.

4. If, after the seventy-two hours following admission, the documentation that legalises it has not been received at the centre, the prisoner shall be released from prison.

Article 17. Inmates with minor children.

1. The Directorate of the Establishment shall admit children under three years of age to accompany their mothers at the time of entry. When they request to keep them in their company within the prison, the filiation must be duly established and that this situation does not pose a risk to minors, by informing the Public Prosecutor ' s Office of the decision taken for the appropriate purposes.

2. Inmates holding children under three years of age under their parental authority abroad may apply to the Board of Directors for authorization to remain in their company within the prison, which shall be granted provided that the filiation is duly established and that such a situation does not pose a risk to minors. To that end, the opinion of the Public Prosecutor shall be sought and notified of the decision taken.

3. If children are admitted to prison, they must be recognized by the doctor of the establishment and, if the latter does not otherwise agree, they will take up the room assigned to them within the mother unit with their mothers.

4. In possible conflicts between the rights of the child and those of the mother arising from placement in a prison, the rights of the child must prevail, and in any case they must be duly preserved in the individualized model of prison intervention designed for the mother.

5. The Prison Administration will have facilities for children and their mothers, which will have facilities for childcare and will be architecturally separated from the rest of the departments, in order to facilitate the specific regulations, medical and health facilities and exits that the presence of children in the centre would require.

6. The Prison Administration shall encourage the collaboration and participation of public and private institutions for the care of minors in the mother units or in the dependent units created for the purpose of third-degree inmates who have children under three years of age in their company. To this end, it shall conclude the necessary agreements to maximize the development of the maternal-filial relationship and the formation of the personality of children.

Article 18. Identification.

1. An inmate admitted to the establishment shall verify his personal identity by carrying out an alphabetical, fingerprint and photographic review, as well as the entry in the income book and the opening of a personal file relating to his procedural and prison situation, of which he shall have the right to be informed. Likewise, the search of his person and the recording of his effects shall be carried out, and unauthorized items and objects shall be removed.

2. At the time of entry, the necessary personal hygiene measures shall be taken, and the prisoner shall be given the appropriate clothing, as required, and his receipt shall be signed.

Article 19. Incommunication.

1. If the order or order for admission provides for the incommunicado detention of the detainee or prisoner, after the completion of the provisions of the preceding article, he or she shall be placed in an individual cell in the department which the Director has ordered and shall be recognized by the Doctor and cared for exclusively by the officials responsible for the latter. He may communicate only with persons who have the express consent of the Judge.

2. Where the incommunicado detention order does not specify anything in this regard, the Director of the penitentiary institution shall seek the authorization of the investigating judge to allow the incommunicado prisoner to have radio or television equipment, written press or receive correspondence.

3. While in solitary confinement, the director of the establishment shall take the necessary measures to comply with the rules contained in the procedural laws.

4. Once the incommunicado detention referred to in the preceding paragraphs has been lifted, the following article shall be carried out.

Article 20. Intervention models and treatment programs.

1. Detainees and prisoners shall be held in a cell in the income department, where they shall be examined by the Doctor as soon as possible. Likewise, they will be interviewed by the Social Worker and the Educator, in order to detect the inmate's lacks and needs, and, if the Doctor does not have anything else, they will go to the corresponding department. These professionals shall issue a report on the proposal for internal separation pursuant to Article 99, or on transfer to another centre, as well as on educational, sociocultural and sporting planning and personal development activities. Respecting the principle of presumption of innocence, the Treatment Board, in accordance with that report, will evaluate aspects such as employment, cultural and professional training or assistance measures, in order to develop the individualized model of intervention.

2. The convicted persons, after being recognized by the Doctor in the case of new income, will remain in the income department long enough for the Psychologist, the Jurist, the Social Worker and the Educator to formulate a proposal for inclusion in one of the internal separation groups and to be ordered by the Director to transfer to the relevant department, after medical report. The Treatment Board, after the report of the Technical Team, will verify the data of the protocol and formulate an individualized treatment programme on aspects such as employment, cultural and professional training, implementation of measures of assistance, treatment and those to be taken into account at the time of release.

3. The stay of pre-trial detainees or convicted persons in the income department shall be not more than five days and may be extended only for reasons of health or to preserve their safety. The relevant supervisory judge shall be informed of the extension.

Article 21. Information.

Upon entry, the prisoner must be informed of his rights and obligations, as well as of the procedures for making them effective, as set out in Chapter V of this Title.

CHAPTER II

Freedom and release from prison

Section 1.a. Detainees and prisoners

Article 22. Release.

1. The release of detainees and prisoners may be granted only by order of the competent authority, which shall be issued to the director of the establishment, without prejudice to the provisions of the following article.

2. Received at the centre the release order, the Director or his replacement shall give a written and signed order to the Chief of Services to be completed by officials at his or her command.

3. Before the Director extends the order of release referred to in the preceding paragraph, the officer in charge of the Office of the Regime shall carry out a complete review of the prisoner's personal file in order to verify that his release is due because he is not subject to other responsibilities.

4. The official in charge of the service or, failing that, the person designated by the Chief of Services shall make the identification of the person to be released, by checking the fingerprints and checking the filiation data, and shall accompany him thereafter until the departure from the penitentiary.

5. The personal file of the detainee or prisoner shall include the appropriate procedure for the release order, and certificates thereof shall be issued and transmitted to the judicial authority on which the prisoner is responsible.

Article 23. Release of detainees.

1. If no order or warrant for release or detention issued by the competent authority has been received, the detainees shall be released by the director of the establishment or by a statutory substitute upon expiry of the maximum period of detention or after seventy-two hours following the date of entry.

2. In the cases referred to in Article 15(2) and (3) of these Regulations, the Director of the establishment or the person who makes his or her own visits shall inform the judicial authority at whose disposal the detainee is present, of the entry, by the fastest means available, of the receipt of the communication, within 24 hours of his or her admission.

3. If the communication referred to in the preceding paragraph has not been received within seventy-two hours of his admission or since his arrest, the prisoner shall be released by the same means to the authority which ordered his admission and to the judicial authority at whose disposal he was placed.

Section 2. Sentenced prisoners

Article 24. Release.

1. In order to release those sentenced to custodial sentences, final release by the sentencing court or the probation file by the supervisory judge will be necessary.

2. At least two months before the completion of the sentence, the Director of the establishment shall make a proposal for final release to the sentencing court on the day on which the sentenced person is expected to terminate his sentence, in accordance with the liquidation of the sentence.

3. If no reply had been received fifteen days before the proposed date for final release, the Director of the establishment would reiterate the proposal to the sentencing court, meaning that, in the absence of an express order to the contrary, the prisoner would be released on the proposed date.

4. Proposals for the final release of conditional release shall be made by the Director of the Centre to which they are attached, taking into account the provisions of the preceding paragraphs.

5. The personal file of the sentenced person shall include the appropriate final release procedure, whether the release takes place in the centre or whether the last part of the sentence has been served on parole, with final release certificates issued and sent to the sentencing court and the supervisory judge.

Article 25. Freedom by application of measures of grace.

Where the final release of the convicted persons is on the basis of measures of grace, the Director of the Centre shall, in any event, refrain from releasing the convicted persons without having received a written order or order from the sentencing court.

Article 26. Aliens who have been subject to a measure of expulsion after serving their sentence.

In the event that the sentenced person is an alien subject to a post-conviction expulsion measure, in accordance with the provisions of the law on aliens, the Director shall notify, three months in advance or at the time of making the proposal for final release referred to in article 24.2, of the foreseeable date of termination of the sentence to the competent authority, in order to provide the necessary in accordance with the provisions of the legislation in force.

Article 27. Replacement of sentences imposed on aliens by expulsion measures.

The Public Prosecutor ' s Office will also be notified of the foreseeable expiry date of the sentence in the legal cases of substitution of the sentence by measure of expulsion from the national territory and, in any case, in the case of foreign convicts who extinguish sentences of less than six years ' imprisonment.

Article 28. Enforcement of the release order by the Regime Bureau.

1. Upon receipt of the final or conditional release order, it shall be completed in the same manner as for the Regime Office as for detainees and prisoners under article 22.3.

2. Checked by the Regime Bureau that the convicted person is not subject to other responsibilities, it will be done as indicated in article 22.4 for detainees and prisoners.

Article 29. Retention of convicted persons with other outstanding responsibilities.

1. The directors of the establishments shall retain those convicted who, having extinguished a sentence, have another sentence pending execution, informing them of the cause of the detention.

2. Where the detention is pending another case in which pretrial detention has been ordered, the Director shall inform the competent judicial authority and the management centre for the transfer, as appropriate.

Section 3.a Certification and release aid

Article 30. Certification and support.

1. At the time of the release of detainees, prisoners or convicted persons, the release shall be issued and given proof of the time he was deprived of his liberty or of the conditional release situation, as well as, if requested by the prisoner or his medical treatment, report on his health status and therapeutic proposal. This medical report shall not contain any reference to the fact that it has been issued in a prison.

2. If the prisoner lacks financial means, the Prison Administration will provide him with the necessary resources to reach his residence and to meet his first expenses.

CHAPTER III

Driving and transfers

Section 1. Powers and responsibilities

Article 31. Competence to order transfers and movements.

1. Pursuant to article 79 of the General Organization of Prisons Act, the management centre has exclusive competence to decide, on an ordinary or extraordinary basis, the classification and placement of prisoners in the various prisons, without prejudice to the powers of the supervisory judges in respect of classification by appeal.

2. The management centre shall order the relevant transfers on the basis of proposals made to that effect by the Treatment Boards or, where appropriate, by the Director or the Board of Directors, as well as the movements of detainees and prisoners required by the competent authorities.

3. Transfers shall be notified, if they are convicted, to the Supervisory Judge and, if they are detained or detained, to the authorities at whose disposal they are.

Article 32. Competence to conduct the conductions.

The orders for the conduct of prisoners, issued by the management centre, shall be carried out by the State security forces and bodies responsible for this task, without prejudice, where appropriate, to the powers of the Police Corps of the Autonomous Communities.

Section 2.a Compliance with orders of judicial and governmental authorities

Article 33. Internal displacements.

1. The departure of inmates for the conduct of proceedings or for the holding of an oral trial shall be made upon the order of the judicial authority addressed to the director of the establishment.

2. The judicial or governmental authorities shall, at least 30 days in advance, seek the appropriate management of the prisoner when he is detained in the prison in another province, and of the director of the establishment, in the case of the same province or locality.

3. When the communication referred to in paragraph 2 has been received, the management centre or the director of the centre shall, where appropriate, request the management of the body concerned.

4. After the trial or judicial proceedings have been conducted, the director of the establishment shall propose the transfer of the prisoner to the place of origin, unless he is aware of the existence of other outstanding points or his classification is mandatory, and his fate is foreseeable.

Drafted in accordance with the correction of errors published in BOE No. 112 of 8 May 1996. Ref. BOE-A-1996-10201

Article 34. Prisoner displacements.

In the event that a judicial authority is interested in the transfer of a convicted person who is not at its disposal for the conduct of the proceedings, the Directorate of the Establishment shall inform the Supervisory Judge.

Section 3.a Movements to non-prison hospitals

Article 35. Consultation or admission to non-prison hospitals.

1. The departure of inmates for consultation or admission, if necessary, to non-prison hospitals shall be agreed by the management centre.

2. The director of the establishment shall, upon agreement of conduct, request the civilian governor or, where appropriate, the competent autonomous body, the police force to conduct the conduct of the conduct and to ensure the subsequent custody of the inmate in the non-prison hospital, without prejudice to the provisions of article 155.4.

3. In case of emergency, according to a medical opinion, the Director shall conduct the driving and admission to the hospital, and shall then report to the management centre.

Section 4.a Means and way of driving

Article 36. Form and means.

1. Movements of detainees, prisoners and convicted persons shall be carried out in a manner that respects their dignity and rights and ensures the safety of their driving.

2. They shall be carried out by the most appropriate means of transport, usually by road, in appropriate vehicles and in the custody of the security forces.

3. Exceptionally and only in cases of urgency or peremptory need, the transfer of inmates may be provided for by the prison officers designated by the director of the establishment as being in service.

4. In the case of ambulance transfers, whether for hospital admission or transfer to another facility, the prisoner shall be accompanied, where appropriate, by the necessary prison health personnel designated by the Director.

Article 37. Special assumptions.

1. Prisoners classified as third grade and those classified as second grade who enjoy ordinary permits may, with the authorization of the management centre, travel by their own means without supervision. In the case of appearances before judicial bodies, authorization shall be sought from the requesting court or tribunal. In such cases, the Administration may provide the prisoners with tickets in the appropriate means of transport.

2. Children shall be handed over to relatives abroad for transfer and, if not possible, shall travel together with their mothers in suitable vehicles and shall be accompanied by staff or collaborators of correctional institutions. In any case, care shall be taken not to injure the sensitivity of minors.

Article 38. Surrender to the security forces.

1. The handover of detainees to the security forces shall be effected by means of a certificate signed by the head of the escort indicating the time of departure and a reference to the order for driving, indicating, when deemed necessary, the degree of danger of the prisoner, which shall also be reported, if necessary, to the authority which had sought the driving.

2. The Chief of the Conductive Force, when taking charge of the inmates for transfer to another prison, will also do so by receiving their personal records and baggage, which he will deliver, with the same formalities, at the place of destination.

3. The establishment of origin shall provide cold-dried inmates.

4. The medical file of the prisoner shall be accompanied by the centre of origin, indicating, where appropriate, the health care to be provided.

Section 5.a Transits and incidents

Article 39. Transits.

1. When the persons taken must stay overnight in a prison, they shall, whenever possible, be accommodated in cells or units intended for that purpose, with separation from the rest of the prison population.

2. Similarly, when the driving force is unable to reach its destination by force majeure, the Head of the driving force may, by written request, urge the admission of prisoners to the nearest prison, the Director of which shall report this to the management centre and the judicial authority requesting the transfer of the prisoner.

Article 40. Incidents arising during implementation.

1. If due to illness of the inmate or other justified cause the driving force could not be taken over by the inmate, and it would not have been feasible to give sufficient advance notice of the occurrence, the Chief of Force shall be given a statement of justification by the establishment, and shall then be taken into account in the manner set out in the preceding article.

2. After the cause of the delay has disappeared, the Director of the centre will make the necessary arrangements for the suspension of the driving.

CHAPTER IV

External relations

Section 1.a Communications and visits

Article 41. General rules.

1. Prisoners have the right to communicate regularly, orally and in writing, in their own language, with their family, friends and accredited representatives of prison cooperation agencies and institutions, except in cases of judicial incommunicado detention.

2. In accordance with article 51 of the General Prisons Organization Act, such communications shall be conducted in such a way as to ensure that privacy is respected to the maximum and that there shall be no restrictions on persons and manner other than those imposed for reasons of security, interest in treatment and good order of the establishment.

3. Every prisoner has the right to immediately inform his or her family and lawyer of his or her admission to a prison, as well as of his or her transfer to another facility at the time of entry.

4. Regular and extraordinary communications made during visits received by the prisoner shall be entered in a register book, which shall record the day and time of communication, the name of the prisoner, the name, address and account of the official identity document of the visitors, as well as their relationship with the prisoner.

5. Visits by family members to the sick prisoner shall be governed by the provisions of articles 216 and 217 of these Regulations.

6. In addition to the regular communications indicated in the schedule of this service, others of an extraordinary nature may be awarded as a reward and for urgent and important reasons duly justified in each case.

7. Communications and visits shall be organized in such a way as to satisfy the special needs of foreign prisoners, to which the general rules laid down in this article shall apply on an equal basis with nationals.

8. The communications regulated in this section may be carried out using information and communication technologies and videoconferencing systems, depending on the material and technical possibilities of each prison. These communications shall be carried out in accordance with the principles in force at each time in the field of digital security and data protection.

Paragraph 8 is added by Art. 2.3 of Royal Decree 268/2022 of 12 April 2022. Ref. BOE-A-2022-6046

Article 42. Oral communications.

Oral submissions from inmates shall be in accordance with the following rules:

1. The Board of Directors shall, preferably on weekends, fix the days on which prisoners may communicate, so that they have at least two communications per week, and as long as the working hours permit, the sentenced persons classified as third grade.

2.a The hours allocated to this service shall be sufficient to allow a communication of at least twenty minutes of duration, not being able to communicate more than four persons simultaneously with the same intern.

3.a If the circumstances of the establishment so permit, inmates may be allowed to accumulate in a single weekly visit the time normally allowed for two such visits.

4.a Difficulties in the movement of family members shall be taken into account in the organization of visits.

5.a Relatives must prove their kinship with inmates and non-family visitors must obtain authorization from the director of the establishment to communicate.

Article 43. Restrictions and interventions.

1. Where, in accordance with article 51 of the General Prisons Organization Act, oral communications must be restricted in respect of persons who have been intervened or refused, the Director of the facility shall, with a preliminary report from the Board of Treatment if the restriction, intervention or refusal is based on the treatment, so agree in a reasoned decision, which shall be notified to the prisoner, informing the Supervisory Judge in the case of convicted persons or the judicial authority on which he or she depends in the case of detainees or prisoners.

2. In cases of intervention, the communicators who are not going to express themselves in Spanish or in the co-official language of the respective Autonomous Community shall notify the Director of the Centre, who shall take appropriate measures to ensure that the communication can be properly intervened.

Article 44. Suspension of oral communications.

1. The Chief of Services may order the suspension of oral communications, on his own initiative or on the proposal of the staff member in charge of the service, in the following cases:

(a) Where there are substantial grounds for believing that the informants may be preparing criminal proceedings or that they are damaging the coexistence or security of the establishment, or that they are spreading false news that is harmful or likely to seriously harm the security or good order of the establishment.

(b) When the communicators do not observe correct behaviour.

2. The Head of Services shall immediately report the suspension to the Director of the Centre and the Director, in turn, if he ratifies the measure in a reasoned decision, shall report to the Supervisory Judge on the same day or the following day.

Article 45. Intimate communications, family and cohabitation.

1. All correctional facilities shall have premises specially suited for family visits or close visits by inmates who do not have regular exit permits.

2. The time limits for such visits shall be set by the Boards of Directors.

3. Family members or relatives who visit inmates in the communications provided for in this article may not carry bags or packages, nor may they carry minors with them in the case of intimate communications.

4. At the request of the prisoner, an intimate communication shall be granted for at least one month, the duration of which shall not exceed three hours or less than one, unless reasons of order or security of the establishment prevent it.

5. At the request of the person concerned, a communication shall be granted, at least once a month, with his or her relatives and relatives, to be held in appropriate premises and not exceeding three hours or less than one hour.

6. Visits to the inmates shall be granted, upon request, to their spouse or person linked by such an affective relationship and children who do not exceed 10 years of age. Such communications, which shall be compatible with those provided for in Article 42 and paragraphs 4 and 5 of this Article, shall be held in appropriate premises or premises and shall last for a maximum of six hours.

7. The communications provided for in the preceding paragraphs shall respect as closely as possible the privacy of the communicators. Searches with full nakedness of visitors may be carried out only for the reasons and in the manner set out in article 68, which are duly reasoned. In the event that the visitor refuses to search, the communication shall not be carried out, without prejudice to any measures that may be taken in case the facts may constitute an offence.

Article 46. Written communications.

The correspondence of inmates shall be in accordance with the following rules:

1.a No limitations shall be imposed on the number of letters or telegrams that may be received and sent by prisoners, except when they are to be intervened for the same reasons as oral communications. In this case, the number of those which they can write weekly shall be as indicated in rule 1a of article 42.

2.a All correspondence issued by the inmates, except in the case of intervention, shall be deposited in a closed envelope containing always the name and surname of the sender and recorded in the corresponding book.

3.a Letters issued by inmates whose weight or volume exceeds normal and which lead to suspicion may be returned to the sender by the registrar to be entered in another envelope in his presence, which shall be provided by the Administration. In the same way, it shall be done where there are doubts as to the identity of the sender.

4.a The correspondence received by the inmates, after being recorded in the relevant book, shall be delivered to the addressees by the official in charge of this service or by the officer in charge of the unit where the prisoner is located, after opening by the official in the presence of the addressee in order to verify that it does not contain prohibited objects.

5.a In cases where, for reasons of security, good order of the establishment or interest of treatment, the Director agrees to the intervention of written communications, this decision shall be communicated to the inmates concerned and also to the judicial authority on which it depends whether they are detainees or prisoners, or to the supervisory judge if they are convicted. Where the language used cannot be translated at the establishment, the letter shall be sent to the management centre for translation and subsequent course.

6.a Written communications between detainees and their defence counsel or prosecutor may be heard only by order of the judicial authority.

However, where the detainees have the usual communications and are addressed in writing to any person stating that he or she is their defence lawyer or prosecutor, such correspondence may be intervened, except where there is an express record in the prisoner's file that he or she is his or her lawyer or prosecutor, as well as the address of the person concerned.

7.a Correspondence between inmates of different prisons may be intervened by means of a reasoned decision of the Director and shall be processed through the Directorate of the establishment of origin. Such intervention shall be notified to the prisoner and brought to the attention of the supervisory judge. Such interventions shall be limited exclusively to correspondence between inmates without affecting the rest of the written submissions.

Article 47. Telephone communications.

1. Inmates may be allowed to communicate by telephone in the following cases:

(a) When family members reside in remote localities or are unable to travel to visit the prisoner.

(b) When the prisoner is required to communicate any important matter to his or her family, the defence counsel or other persons.

2. An inmate who, in compliance with the requirements of the preceding paragraph, wishes to communicate by telephone with another person shall request the Director of the establishment to do so.

3. The Director shall, after checking the above requirements, authorise the communication and indicate the time at which it is to be held.

4. Telephone communications shall be made, depending on the circumstances of each establishment, ensuring a minimum frequency of five calls per week; their duration shall be determined by the rules of the prison's internal regime, not less than five minutes. The amount of the call shall be satisfied by the prisoner, except in the case of the communication provided for in Article 41.3 of these Regulations.

5. Except in exceptional cases, which are freely appreciated by the director of the establishment, calls from outside shall not be allowed to inmates.

6. Telephone communications between inmates of different establishments may be intervened by means of a reasoned decision of the Director in the form and with the effect provided for in rule 7a of Article 46.

Paragraph 4 is amended by Article 2.4 of Royal Decree 268/2022 of 12 April 2022. Ref. BOE-A-2022-6046

Article 48. Communications with Attorneys and Attorneys.

1. Communications from inmates with their defence counsels and with their representatives shall be held in accordance with the following rules:

1.a The communication shall be identified by the presentation of the official document proving him to be a Lawyer or Attorney-General in office.

2.a The communication must also present a leaflet from his respective College, expressly stating his or her status as a defender or representative of the prisoner in the cases against him or her, or as a result of which he or she is serving a sentence. In cases of terrorism or of inmates belonging to armed gangs or groups, the leaflet shall be issued by the judicial authority dealing with the relevant cases, without prejudice to the provisions of Section 520 of the Criminal Procedure Act.

3.a These communications shall be recorded in chronological order in the relevant book, indicating the name and surname of the persons communicating the prisoner, the number of the case and the duration of the visit and shall be held in special locutories, in which it is ensured that the control of the official in charge of the service is only visual.

2. Under the same conditions as mentioned in the previous paragraph, the communication of the lawyers and attorneys shall be authorized when, before being present in the case as defenders or representatives, they have been expressly called by the inmates through the Directorate of the establishment or by the relatives of the latter, and this must be demonstrated by the presentation of the steering wheel of the College in which this circumstance is stated.

3. Inmates' communications with the defence counsel or the lawyer expressly called in connection with criminal matters, as well as with the courts representing them, may not be suspended or intervened, in any case, by administrative decision. The suspension or intervention of such communications may be made only upon express order of the judicial authority.

4. Communications with other litigants other than those referred to in the preceding paragraphs, whose visit has been requested by the intern, shall be held in the same special locutories and shall comply with the general rules of Article 41. In the event that such counsels submit authorization from the relevant judicial authority if the prisoner is a preventive or the supervisory judge if he is a convicted person, the communication shall be granted under the conditions prescribed in the preceding paragraphs of this article.

Article 49. Communications with authorities or professionals.

1. The communication of the judicial authorities or members of the Public Prosecutor's Office with the inmates shall be verified at such time as they deem appropriate and in appropriate premises. The notification of judicial decisions shall be authorized to communicate with any officials of the Administration of Justice, who shall prove their status and who are sent by the judicial authority on which they depend.

2. Oral and written communications from prisoners with the Ombudsman or his deputies or delegates or similar institutions of the Autonomous Communities, judicial authorities and members of the Public Prosecutor's Office may not be suspended, or subject to any administrative intervention or restriction.

3. Foreign prisoners may communicate, in appropriate premises, with the diplomatic or consular representatives of their country, or with such persons as the respective embassies or consulates indicate, with the consent of the Director of the Establishment, and with the application in any case of the general rules established on the number of communications and requirements of such communications in article 41.

4. Subjects from countries that do not have diplomatic or consular representatives, refugees and stateless persons shall be granted communications under the same conditions with the representative of the State that has taken charge of their interests or with the national or international authority that has the task of protecting them, or with the persons to whom they delegate.

5. Notaries, doctors, ministers of worship and other accredited professionals, whose presence has been requested by an inmate through the Directorate of Establishment for the performance of the functions proper to their respective profession, may be authorized to communicate with him in appropriate premises.

Section 2.a. Reception of packages and orders

Article 50. Packages and orders.

1. In all establishments there will be a unit for the collection, control and registration of packages intended for inmates or sent abroad. The Management Board shall agree on the days and times of receipt and collection of parcels, both in and out.

2. All packages must be delivered personally to the approved unit.

3. The receipt of parcels addressed to the inmates shall be carried out after verification by the official of the identity document of the person who deposited it, to which a detailed list of the contents will be requested, recording in the corresponding Book both the name of the recipient prisoner and the name, address and number of the identity document of the person who delivers it. Once the annotation has been carried out, a thorough record will be made of all the elements that are part of its contents, as well as to control the hygienic conditions of the objects received by the internal and other elements. Similarly, the contents of the output packages will be checked before being delivered to the recipient abroad. In both cases, unauthorised objects shall be carried out in the manner prescribed in the following article.

4. Once distributed in the different units, the officer in charge of this service will proceed to deliver the packages or shipments to the inmates, who will sign the corresponding receipt.

5. The number of packages that inmates can receive is two per month, except in closed establishments or departments, which will be one per month. The weight of each package shall not exceed five kilograms, and books and publications and clothing shall not be included within that maximum weight.

Article 51. Unauthorised items and objects.

1. Unauthorised articles or articles are considered to be all those which may pose a danger to safety, orderly coexistence or health, toxic drugs, narcotic drugs and psychotropic substances except optional prescription, those containing alcohol and foodstuffs, as well as those which require for their control manipulation involving a risk of deterioration and those expressly prohibited by the rules of the internal regime of the Establishment.

2. Articles or objects whose entry is not authorised must be collected immediately by the sender, unless they are discovered when the sender is no longer in the vicinity of the Establishment, in which case the sender shall be notified of this fact at the address indicated in the relevant Book. The articles or objects involved will be stored until they are claimed, destroying perishable products.

3. Within three months of receipt, a list of such articles or objects shall be placed on the notice board, inviting them to be withdrawn, with the warning that, within 15 days of publication, they shall be destroyed, except as provided for valuables in Article 317 of this Regulation.

4. Toxic drugs, narcotic drugs and occupied psychotropic substances shall be forwarded to the competent health authority, and notified to the relevant judicial authority.

CHAPTER V

Information, complaints and remedies

Article 52. Information.

1. Prisoners will receive written information on their rights and duties, the establishment regime, disciplinary rules and the means of making petitions, complaints and appeals upon admission. To this end, they will be given a copy of the general information booklet or brochure and the internal rules of the prison in question, which will necessarily be published in Spanish and in the co-official language of the Autonomous Community where the prison is located.

2. Foreign prisoners will also be informed of the possibility of applying for the application of international treaties or conventions signed by Spain for the transfer to other countries of convicted persons, as well as of the replacement of the penalties imposed or to be imposed by the measure of expulsion from the national territory, in the cases and under the conditions provided by law. They will also be provided with the address and telephone number of the diplomatic representation accredited in Spain of the country concerned.

3. To this end, the aforementioned Steering Centre will endeavour to publish reference leaflets in those languages of significant groups of foreign inmates in Spanish establishments. Aliens who do not know the languages in which the booklet is published shall be given an oral translation of its contents by officials or inmates who know the language of the person concerned and, if necessary, shall be assisted by the consular services of the State to which the latter belongs.

4. In any case, those Spanish or foreign prisoners who cannot understand the information provided in writing, will be provided the same by another appropriate means.

5. Several copies of the General Prison Organization Act, the Prison Regulations and the internal regulations of the Centre will be available to inmates in the revenue department and the Library of each establishment. The Administration shall endeavour to provide foreign prisoners with texts of the General Prison Organization Act and its implementing regulations in the language of their country of origin, for which purpose it shall seek the cooperation of the relevant diplomatic authorities.

Article 53. Petitions and complaints to the Prison Administration.

1. Every prisoner has the right to make oral or written petitions and complaints concerning matters falling within the competence of the Prison Administration, and may submit them, if the person concerned so prefer, in a closed envelope, which shall be delivered on receipt.

2. Such requests and complaints may be made to the officer in charge of the unit responsible for the inmate, to the Chief of Services or to the Director of the Centre or to the person legally replacing him. The Director or the Director shall take appropriate action or collect such reports as he deems appropriate and, in any event, forward them to the competent authorities or bodies for resolution.

3. Petitions and complaints made by inmates shall be registered and any decisions taken thereon shall be notified in writing to the persons concerned, including any appropriate remedies, time limits for filing them and the bodies to which they are to be submitted.

4. In addition, inmates may address petitions and complaints to the Ombudsman, who may not be subject to censorship of any kind.

Article 54. Complaints and appeals to the Supervisory Judge.

1. Regardless of the provisions of the previous article, prisoners may make petitions or complaints directly or appeal to the Prison Supervision Judge in the cases referred to in article 76 of the General Prison Organization Act.

2. A receipt or a simple dated and sealed copy of any complaints or appeals shall be given to the inmate or his representative.

3. When the complaint or appeal is filed with any office of the Prison Administration Registry, after the receipt or simple copy dated and sealed shall be sent to the relevant Prison Supervision Judge without delay and in any event within a maximum period of three days.

CHAPTER VI

Participation of inmates in the activities of establishments

Article 55. Areas of participation.

1. The inmates will participate in the organization of the timetable and activities of educational, recreational, religious, labor, cultural or sports.

2. The participation of inmates in the development of food and ration services will also be sought, in accordance with article 24 of the General Organization of Prisons Act and the provisions of the regulations for the implementation of these regulations.

3. The Board of Directors may, by reasoned decision, extend the participation of inmates in other areas of legislation other than those referred to in paragraph 1 of this Article.

4. The participation of inmates in these activities in the establishments of compliance of open regime and of ordinary regime and in those of preventive ones, will be carried out through the Commissions in accordance with the rules developed by the following articles.

Article 56. Open participation.

1. In the establishments of compliance of open regime can be formed so many Commissions that they are the areas of activity that the Boards of Directors agree that the inmates must participate. In any event, three Commissions will be set up: the first for the programming and development of educational, cultural and religious activities; the second for recreational and sports activities; and the third for work activities.

2. Each Commission shall be composed of at least three inmates acting as Chairman and Secretary of the Commission, the members designated by the Commission at its first meeting.

3. The meetings of the Commissions shall be attended by the Educator or public employee responsible for the activities whose programming and development are to be studied.

4. The choice of the inmates to be members of the various Commissions shall be made annually or, where appropriate, when the requirement laid down in paragraph 2 above is not met.

5. All inmates classified in the third degree of treatment may stand as candidates and participate as electors.

6. Nominations shall be called and received by the Management Board of the Establishment.

7. Each inmate shall elect two of the candidates nominated for each of the participating bodies.

8. The table that receives the votes will be composed of the oldest and youngest prisoner, and chaired by one of the Educators of the Establishment.

9. The result of the vote shall be recorded on the notice board of the Establishment.

Article 57. Participation in ordinary regime.

1. In preventive and ordinary enforcement establishments, the Commissions shall be determined by applying the provisions of Rule 56.1, and shall be composed of at least one representative from each of the classification units of the Establishment, without in any case less than three members, in accordance with the appointment of President and Registrar as provided for in paragraph 2 of the preceding Article Its meetings will be attended by the Educator or public employee in charge of the activities they are going to deal with.

2. The Board of Directors of the Establishment shall announce the renewal of the Commissions of interns participating in the various activities for periods of one year or when a Commission is composed of less than three internal members.

3. In each classification unit, inmates wishing to participate in the implementation of the planned activities will be urged to inform the department officer in charge of the project in good time.

4. On the day indicated by the Board of Directors, the bureau shall be composed of the oldest and youngest inmate and chaired by an official of the unit.

5. The members of the table will pass through the cells of the department collecting the votes of the inmates, proceeding after counting them and announcing the results.

6. All inmates in each classification unit may participate in the election and may stand for election in the election, provided that they have not been elected within the previous period of one year.

7. Inmates who have disciplinary sanctions for very serious or serious misconduct without cancellation may not be elected.

Article 58. Exceptional situations.

1. If none of the inmates wishing to participate in the Commissions is elected by more than fifteen per cent of the inmates of the unit, the Boards of Directors shall proceed to circumvent between them for the appointment of those who are to collaborate in the conduct of the activities during the following period until a new call.

2. In the event of disruption of order, the Boards of Directors may decide to suspend the proceedings and when it is known that there are irregularities in the election.

Article 59. Sectoral committees.

In the case of organising the participation of inmates in a sectoral activity which does not affect the whole of the Establishment, the Board of Directors may limit such participation to the inmates concerned.

Article 60. Organization of activities.

The inmates, through their representatives, may, in accordance with the rules of the internal system, organize the activities mentioned above for themselves or collaborate in their organization with the officials responsible for the corresponding area.

Article 61. Suggestions.

1. Representatives of inmates may also submit any suggestions, which must be submitted by the receiving official to the Director of the Establishment.

2. The participation of inmates, through the relevant Commission, in the planning and implementation of work activities, shall be in accordance with Chapter IV of Title V of these Regulations.

CHAPTER VII

Participation and collaboration of NGOs

Article 62. Partners.

1. Public and private institutions and associations involved in the assistance of prisoners must submit, for approval by the Steering Centre, a corresponding request for cooperation together with the specific programme of prison intervention which they wish to develop, which shall expressly set out the objectives to be achieved, its duration, the group of prisoners subject to the intervention, the list of volunteers to be involved in the implementation of the programme, as well as the material and, where appropriate, personal means to be used and the indicators and parameters for assessing the impact and results of the programme.

2. The application and the programme of collaboration approved by the Steering Centre, following a report by the Board of Treatment of the appropriate penitentiary centre, the collaborating institution or association must be registered, in order to be able to act, in the Special Register of Collaborating Entities managed by the Steering Centre, without prejudice, where appropriate, to its previous constitution and registration in the relevant Public Registry of Associations. Registration in the Special Register shall be merely declaratory.

3. After the implementation of the collaborative programme, the partner institution or partnership shall prepare an impact assessment study and programme results which, together with the report of the Establishment Treatment Board, shall be forwarded by the Director to the Steering Centre.

4. The Prison Administration shall, in particular, encourage the cooperation of institutions and associations involved in the resocialization and assistance of foreign prisoners, facilitating the cooperation of the social entities of the country of origin of the prisoner, through the relevant consular authorities.

CHAPTER VIII

Security of Establishments

Section 1.a. External security

Article 63. Jurisdiction.

1. The external security of the establishments is the responsibility of the State security forces and bodies or, where appropriate, the police forces of the Autonomous Communities, which, without prejudice to the rules of the respective bodies, shall receive instructions from the directors of the prisons on the external security of the prisons.

2. After the reassignment, the Head of the external guard shall report to the Director or staff member who shall replace him in order to inform him of the incidents of the service. It shall likewise proceed when during the service there is any event which, because of its importance, must be immediately brought to the attention of the Director of the Establishment.

Section 2a Internal security

Article 64. Jurisdiction.

The internal security of the establishments, except in the cases provided for in the first final provision of the General Organization of Prisons Act, is the responsibility of the staff of the Prisons Corps, in accordance with the duties of each staff member and the distribution of services agreed by the Director of the Establishment.

Article 65. Internal security measures.

1. Actions to ensure the internal security of establishments will include observation of inmates, prison population counts, searches, searches, checks, cell changes, proper assignment of destinations and the activities and precautions of departures both outside and outside the premises.

2. The intensity of the measures referred to in the preceding paragraph shall be in accordance with the potential danger of inmates to be applied, particularly in cases of inmates belonging to terrorist groups, organized crime or extreme danger, in any event respecting the principles referred to in Article 71.

3. For the purpose referred to in the preceding paragraph, the Prison Administration may set up specialized groups of officials.

It is amended by article 2 of Royal Decree 419/2011 of 25 March. Ref. BOE-A-2011-5463.

Article 66. Observation of inmates.

The observation of inmates shall be directed to the knowledge of their habitual behaviour and of their activities and movements within and outside the assigned department, as well as of their relations with the other inmates and of the beneficial or harmful influence that, if any, they exercise on them. If such observation detects facts or circumstances that may be relevant to the safety of the Establishment or the treatment of inmates, appropriate reports shall be made.

Article 67. Counts.

1. Regular checks on the prison population shall be carried out daily at times of the day in which the prison is held, in conjunction with the replacements of the prison staff, which shall be set at the time approved by the Board of Directors of the penitentiary establishment.

2. The extraordinary counts ordered by the Head of Services shall also be carried out, informing the Directorate, taking into account the situation in the Centre or department in which the measure is to be carried out, as well as the behaviour of the prisoners concerned.

3. Regular and extraordinary counts shall be conducted in such a way as to ensure their speed and reliability and their results shall be reflected in written form signed by the staff members who have carried them out, who shall address the Chief of Services.

Article 68. Records, searches and searches.

1. Searches and searches shall be carried out of the persons, clothing and goods of the inmates and searches of the doors, windows, floors, walls and ceilings of the cells or dormitories, as well as of the premises and premises for common use.

2. For specific and specific security reasons, where there are individual and proven reasons that suggest that the prisoner hides in his body any dangerous object or substance likely to cause harm to the health or physical integrity of the persons or to alter the security or orderly coexistence of the Establishment, a search may be carried out with complete nakedness with the authorization of the Chief of Services.

3. Searching with complete nakedness shall be carried out by officials of the same sex as the inmate, in a closed place without the presence of other inmates and preserving, as far as possible, privacy.

4. If the result of the search with complete nakedness is fruitless and suspicion persists, the Director may request authorization from the competent judicial authority for the application of other appropriate means of control.

5. The records, searches, searches and checks referred to above shall be made in writing, which shall specify the complete naked searches carried out, signed by the officials who have carried out such searches and addressed to the Chief of Services.

Article 69. Other records and controls.

The persons authorized to communicate with the inmates, as well as those who have access to the interior of the establishments, shall be searched and checked for any work or management within the establishments, except on official visits by the authorities. A search and control shall also be carried out of vehicles entering or leaving the Establishment and of packages and orders received or sent by inmates, as provided for in Article 50 of this Regulation.

Article 70. Interventions.

1. Money, jewellery, or items of unauthorized value, as well as objects deemed to be dangerous to security or to live together in an orderly manner or of illicit origin, shall be intervened.

2. In the case of dangerous or prohibited objects, they shall be removed and recorded in writing, except in cases where they are to be referred to the competent judicial authority, and in the case of valuables, in which case they shall be given the destination provided for in Article 317 of these Regulations.

Article 71. General principles.

1. Security measures shall be governed by the principles of necessity and proportionality and shall always be carried out with respect for dignity and fundamental rights, especially those directly practised on individuals. In view of the option of using means of equal effectiveness, preference will be given to electronic means.

2. Where officials, on the occasion of any of the security measures listed in the preceding articles, detect any regimental anomaly or any event or circumstance that may be indicative of a disturbance in the normal life of the Centre, they shall immediately inform the Chief of Services, without prejudice to the use, where appropriate, of the coercive means referred to in the following article.

Section 3. Coercive measures

Article 72. Coercive measures.

1. These are coercive means, for the purposes of article 45.1 of the General Prison Organization Act, provisional isolation, physical strength, rubber defences, aerosols of appropriate action and handcuffs. Their use will be proportional to the intended purpose, will never entail a disguised sanction, and will only be applied when there is no other less burdensome way to achieve the purpose pursued and for the strictly necessary time.

2. The said coercive means may not be applied to the inmates referred to in Article 254.3 of this Regulation or to patients suffering from serious illness, except in cases where the actions of such persons could result in imminent danger to their integrity or to that of other persons. When the measure of provisional isolation is applied, the prisoner will be visited daily by the Doctor.

3. The use of coercive means shall be authorised in advance by the Director, unless reasons of urgency do not permit it, in which case it shall be brought to his attention immediately. The Director shall immediately inform the Supervisory Judge of the adoption and cessation of the coercive measures, with a detailed statement of the facts which have led to such use and of the circumstances which might give rise to their maintenance.

4. The coercive material means shall be deposited in such place or places as the Director deems appropriate, and their amount and status shall be reflected in official book.

5. In cases of serious disruption of order with imminent danger to persons or facilities, the Director may, on a provisional basis, seek the assistance of the security forces on duty at the Establishment, who, if they have to use firearms, shall do so for the same reasons and subject to the same limitations as established by the law of the State Security Forces and Corps, without prejudice to the provisions of the first final provision of the General Prison Organization Act.

TITLE III

The Prison System

CHAPTER I

General provisions

Article 73. Concept and purposes of the penitentiary system.

1. Prisons are defined as a set of rules or measures aimed at the achievement of an orderly and peaceful coexistence that allows the right environment for the success of the treatment and detention and custody of prisoners.

2. Systemal functions of security, order and discipline are means of achieving the above-mentioned aims, and should always be proportionate to the purpose they pursue, and may not constitute an obstacle to the implementation of programmes for the treatment and intervention of prisoners.

3. The treatment and regime activities, although governed by a principle of specialization, should be properly coordinated.

Article 74. Types of regime.

1. The ordinary regime shall apply to convicted persons classified in the second degree, to unclassified prisoners and to detainees and prisoners.

2. The open regime shall apply to convicted persons classified as third grade who may continue their treatment under a semi-liberty regime.

3. The closed regime shall apply to convicted persons classified in the first degree because of their extreme dangerousness or manifest maladaptation to the previous common regimes and to preventive ones in which identical circumstances occur.

Article 75. Regulatory limitations and personal protection measures.

1. Detainees, prisoners and convicted persons shall not be subject to any other statutory restrictions than those required by the security of their person and by the safety and order of the establishments, as well as those which advise their treatment or those which come from their grade.

2. Where appropriate, at the request of the prisoner or on his own initiative, the Director may, by reasoned decision, where necessary to safeguard the life or physical integrity of the prisoner, agree on measures involving regulatory limitations, giving the supervisory judge an account.

3. By reasoned agreement, the Board of Directors, in the case of detainees and prisoners, or the Board of Treatment, in the case of convicted persons, shall propose to the Steering Centre the transfer of the prisoner to another establishment of similar characteristics to enable the lifting of the regime limitations required by the insurance of his person referred to in the preceding paragraph.

4. Transfer agreements shall be communicated, in the case of detainees and prisoners, to the judicial authority on which they depend and, in the case of convicted persons, to the relevant supervisory judge.

CHAPTER II

Regular system

Article 76. General rules.

1. The principles of security, order and discipline will have their raison d ' être and their limit in the achievement of orderly coexistence in ordinary establishments.

2. The internal separation of the prison population, in accordance with the criteria set out in article 16 of the General Prison Organization Act, shall be in accordance with the needs or requirements of treatment, intervention programmes and the general conditions of the Centre.

3. Work and training shall be regarded as a basic activity in the life of the Centre.

Article 77. Timetables.

1. The Board of Directors shall approve and make known to the prison population the hours to be held in the Centre, indicating the activities that are compulsory for all and the other activities of an optional nature and of free choice by the inmates.

2. In any case, eight hours of night rest, at least two hours will be guaranteed so that the prisoner can devote them to his own affairs and enough time to attend to cultural and therapeutic activities and contacts with the outside world.

3. The Board of Directors shall also approve monthly the calendar of activities scheduled for the following month with an express indication of the days and hours of their conduct, and of the inmates concerned, if it does not affect all inmates of the Centre. This schedule shall be brought to the attention of the inmates and permanently displayed in a visible place for them.

4. The schedule approved by the Board of Directors, as well as the monthly calendar of activities, shall be brought to the attention of the Steering Centre for ratification or reform, before the fifteenth day of the month preceding that to which it relates.

5. It shall also be obliged to disseminate to inmates, as often as may be determined by the rules of the internal system, those non-regular activities organized in the Establishment.

Article 78. Compulsory personal benefits.

1. All prisoners are obliged to respect the hours of the Centre and to comply with and cooperate with the hygiene and sanitary measures adopted, ensuring that the facilities are always clean and used properly.

2. Pursuant to article 29.2 of the General Prisons Organization Act, inmates are obliged to provide the personal benefits necessary for the maintenance of good order, cleanliness and hygiene in establishments.

Article 79. Participation of inmates.

The Board of Directors shall encourage the participation of inmates in the cases and under the conditions laid down in Chapter VI of Title II.

CHAPTER III

Open speed

Article 80. Classes of open establishments.

1. Open-ended establishments may be of the following types:

(a) Open or Social Integration Centres.

(b) Open sections.

(c) Dependent units.

2. The Open Centre is a penitentiary establishment dedicated to inmates classified in the third degree of treatment.

3. The Open Section is administratively dependent on a multi-purpose prison, of which it is the part intended for inmates classified as third-degree treatment.

4. The Dependent Units, regulated by articles 165 to 167 of this Regulation, consist of residential facilities located outside prison facilities and functionally incorporated into the Prison Administration, through the collaboration of public or private entities provided for in article 62 of this Regulation, to facilitate the achievement of specific objectives of prison treatment of inmates classified in third degree.

Article 81. Criteria for placement.

1. The regime of these establishments will be necessary to achieve a normal coexistence in every civil community, promoting responsibility and the absence of rigid controls that contradict the confidence that inspires its functioning.

2. The implementation of the individualized treatment programme will determine the specific destination of the prisoner to the Open Centres or Sections or Social Integration Centres, taking into account, in particular, the possibilities of family ties of the prisoner and their possible impact on him/her.

3. Dependent Units may be assigned by the Management Centre, on the proposal of the Treatment Board, to inmates who, subject to express acceptance of the operating rules, are in accordance with the specific objectives of the established programme.

Article 82. Restricted open regime.

1. In cases of convicted persons classified in the third degree with a particular criminal record, abnormal personality or different personal conditions, as well as where there is an impossibility of performing work abroad or their prison treatment is advised, the Treatment Board may establish the appropriate open-ended way of life for these inmates and restrict exits abroad, establishing the conditions, controls and means of guardianship to be observed, where appropriate, during such periods.

2. For the purposes of the preceding paragraph, in the case of women sentenced to the third degree, where it is established that there is no possibility of performing paid work abroad, but this is the case, after the relevant social services report, which will actually perform the domestic work work in their family home, these tasks will be considered as work abroad.

3. The purpose of this article is to help the prisoner to begin the search for a means of subsistence for the future or, failing that, to find any public or private association or institution for his support or reception at the time of his release.

4. This way of life shall be assimilated, as far as possible, to the principles of the open regime referred to in the following article.

Article 83. Objectives and principles of the open regime.

1. The purpose of open prison activity is to enhance the positive social integration capacities of prisoners classified as third grade, by carrying out the support and counselling tasks and the cooperation necessary to promote their progressive integration into the social environment.

2. The exercise of these functions shall be governed by the following principles:

(a) Mitigation of control measures, without prejudice to the establishment of monitoring and evaluation programmes for the activities carried out by inmates within and outside the Establishment.

(b) Self-responsibility by encouraging the participation of inmates in the organization of activities.

(c) Social standardization and integration, providing care to inmates, wherever possible, through the general services of the community to facilitate their full and responsible participation in family, social and work life.

(d) Prevention to avoid family and social restructuring.

(e) Coordination with all public or private agencies and institutions involved in the care and reintegration of prisoners, promoting common approaches to their integration into society.

Article 84. Open living arrangements.

1. The rules for the organization and operation of open-ended establishments shall be developed by the Treatment Board and approved by the Steering Centre.

2. The open-ended establishments may, on the proposal of the Treatment Board, establish different modalities for the living system of inmates, depending on their characteristics, their personal evolution, the degree of control to be maintained during their departures abroad and the assistance measures they need to address their shortcomings.

3. Specific living arrangements shall be established to provide care and assistance to those inmates who, at the time of entry to third grade, do not have sufficient resources to carry out a stable activity abroad or who have significant gaps in family or social support that hinder their integration.

Article 85. Entry into an open-regime establishment.

1. Upon entering an open-regime establishment, the prisoner will have an interview with a professional of the Centre, who will inform him of the operating rules governing the unit, how to use the services and resources, the timetables and all those aspects that regulate the coexistence of the Centre.

2. A member of the Technical Team will conduct an interview with the intern and, within a short period of time, the Team will make the most appropriate decisions for the development of the treatment programme designed by the Treatment Board.

Article 86. Departures from the Establishment.

1. Inmates may leave the establishment to carry out work, training, family, treatment or other activities that facilitate their social integration.

2. These exits should be planned and regulated by the Treatment Board, indicating the control and follow-up mechanisms deemed necessary, as set out in the treatment programme.

3. The hours and periodicity of the authorised departures shall be those necessary for carrying out the activity and for travelling.

4. In general, the minimum length of stay at the Centre shall be eight hours per day, and shall remain overnight at the Establishment, except where the inmate voluntarily accepts control of his presence outside the Centre through appropriate telematic devices provided by the Prison Administration or other sufficient control mechanisms, in which case he or she shall only have to remain at the Establishment for the time specified in his treatment programme for the conduct of treatment activities, interviews and face-to-face checks.

Article 87. Weekend departures.

1. The Treatment Board shall regulate, on an individual basis, according to the way of life established for each inmate, his or her evolution in treatment and the necessary guarantees of control, weekend departures from institutions open to him or her.

2. As a general rule, these inmates will enjoy weekend departures from no later than 16 hours on Friday until 8 am on Monday.

3. You can also enjoy the holidays set out in the official calendar of the locality where the Establishment is located. When the holidays are consecutive at the weekend, the departure will be extended by 24 hours for each holiday.

4. Without prejudice to the provisions of the preceding paragraphs, the Management Centre may approve weekend departures at different times than those indicated.

Article 88. Health care.

1. As a general rule, inmates in open care shall be provided with the necessary health care through the public extra-penitentiary health network.

2. The Prison Administration will ensure that inmates make good use of these services and take care of their health, as a very important aspect in their rehabilitation and, to this end, will plan and implement prevention and health education programmes.

3. The medical services of the Establishment shall monitor and ensure the precise coordination of the health services of the institution with those of the outside, in the framework of the agreements signed by the Prison Administration for this purpose. The Centre ' s social workers will assist and guide inmates in the implementation of the necessary procedures to use the public health network outside the prison.

CHAPTER IV

Closed procedure

Article 89. Implementation.

The closed regime, in accordance with article 10 of the General Organization of Prisons Act, shall apply to those convicted who, either initially or for an involution in their personality or conduct, are classified in the first degree as being extremely dangerous or manifestly unfit for ordinary and open regimes.

Article 90. Features.

1. The prison system of living regulated in accordance with article 10 of the General Prisons Organization Act shall be carried out in closed-regime centres or modules or in special departments located in centres of common regimes, with absolute separation from the rest of the prison population.

2. In any event, it will be carried out in individual cells, characterized by a limitation of the joint activities of the inmates and by greater control and surveillance over them, requiring, in particular, compliance with all security, order and discipline measures prepared by the Board of Directors, following a report by the Board of Treatment. Under no circumstances may the living regime for such inmates establish any regime that is equal to or greater than those laid down for the enforcement of the solitary confinement penalty.

3. A specific intervention programme shall be designed in centres with closed modules or departments to ensure personalized care for inmates in closed centres, by technical, specialized and stable teams.

Paragraph 3 is added by the sole article.3 of Royal Decree 419/2011 of 25 March. Ref. BOE-A-2011-5463.

Article 91. Living arrangements.

1. The closed system provides for two types of living system, depending on whether the inmates are intended for closed-regime centres or modules or for special departments.

2. Penalties classified in the first degree which show a manifest maladaptation to common regimes shall be intended for closed-regime centres or modules.

3. Persons sentenced to the first degree who have been protagonists or inducers of very serious regime changes, who have endangered the life or integrity of officials, authorities, other inmates or persons outside the institution, both within and outside the establishments and where extreme danger is evident, shall be assigned to special departments.

Article 92. Reassignment of modalities.

1. The allocation of the life patterns provided for in the preceding article shall be agreed by the Treatment Board, after a report by the Technical Team, and shall be authorized by the Steering Centre.

2. In any event, the proposal to reallocate the form of punishment in the system of life of convicted persons in special departments showing a positive development should be made, taking into account, inter alia, factors such as:

(a) Interest in participation and collaboration in programmed activities.

(b) Cancellation of or absence of sanctions for prolonged periods of time.

(c) An adequate relationship with others.

3. The allocation of life pattern shall be reviewed within a maximum period of three months, notified to the prisoner and recorded in his personal file.

4. When the prisoner is under 21 years of age, any review, both of form and of degree, which exceeds six months of stay in the same life regime, shall be referred to the Management Centre for resolution.

Likewise, if the agreements, whether on allocation of modality or revision of degree, are not adopted unanimously, they will be forwarded to the Steering Center for resolution.

Paragraph 4 is added by Article 4 of Royal Decree 419/2011 of 25 March. Ref. BOE-A-2011-5463.

Article 93. Living arrangements in special units.

1. The special department regime shall be in accordance with the following rules:

1.a The inmates will enjoy at least three hours daily of exit to the courtyard. This number may be extended by up to three more hours for the implementation of programmed activities.

2. The cells and searches of inmates must be searched daily. Where there are well-founded suspicions that the prisoner possesses prohibited objects and reasons for urgency require immediate action, the full nakedness may be resorted to by a reasoned order of the Chief of Services, reporting to the Director. This search shall be carried out in the manner provided for in Article 68.

3.a On exits to the courtyard, no more than two inmates may remain together. This number may be increased to a maximum of five for the implementation of programmed activities.

4.a Medical services will schedule regular visits to these inmates, informing the Director about their health status.

5.a The Board of Directors shall draw up internal rules on barber services, showers, hairdressing, economics, distribution of meals, cleaning of cells and common units, provision of books, magazines, newspapers and radio and television equipment and on the clothes and items available to inmates in their cells.

6.a For these special departments, a model of intervention and generic treatment programmes will be designed that are adapted to the needs of the population, with a view to achieving the gradual adaptation of the inmates to life in ordinary conditions, as well as to encouraging those positive factors of behaviour that can serve as incentives for the reintegration and social reintegration of the inmates, with the necessary personnel being appointed to that end.

2. The internal rules drawn up by the Board of Directors and the programmes referred to in the preceding paragraph shall be forwarded to the Steering Centre for amendment or approval.

Article 94. Mode of life in closed modules or centers.

The scheme of closed modules or centres shall comply with the following rules:

1. Inmates shall enjoy at least four hours of life in common daily. This schedule may be increased to an additional three hours for pre-scheduled activities.

2.a The number of inmates who may jointly carry out group activities shall be established by the Board of Directors, following a report by the Treatment Board, with a minimum of five inmates.

3.a The Treatment Board shall schedule in detail the various cultural, sporting, recreational or training, labour or occupational activities to be submitted for approval by the Board of Directors. These programmes will be forwarded to the Steering Centre for authorization and follow-up.

Article 95. Transfer of convicted persons to closed departments.

1. The transfer of a convicted person from a regular or open establishment to a closed establishment or one of the special departments referred to in this Chapter shall be the responsibility of the Steering Centre by reasoned decision, following a reasoned proposal by the Treatment Board contained in the classification copy or, where appropriate, in the grade regression copy. This agreement shall be notified to the Prison Supervision Judge within 72 hours of its adoption.

2. Within the same period, the sentenced person shall be notified of the decision, by means of a copy of the decision, with an expression of the remedy which he may lodge with the supervisory judge, in accordance with article 76.2 (f) of the General Prison Organization Act.

3. By means of mutiny, physical assault with a weapon or dangerous object, hostage-taking or violent attempt to escape, the transfer of the convicted person to a closed-regime establishment may be agreed by the Steering Centre, even if there has been no first-degree qualifier, which, in any event, must be carried out within the following fourteen days, immediately reporting the transfer to the Supervisory Judge.

CHAPTER V

Preventive arrangements

Article 96. Types of preventive regime.

1. In general, the regime for detainees and prisoners shall be as provided for in Chapter II of this Title.

2. Notwithstanding the above, in accordance with the provisions of article 10 of the General Organization of Prisons Act, the rules provided for for closed-regime establishments for detainees and prisoners in cases of extremely dangerous or manifestly unfit for the ordinary regime shall apply, on the proposal of the Board of Treatment and with the approval of the Board of Directors.

3. The extreme danger or manifest misadaptation shall be assessed by weighting the factors referred to in Article 102.5 of this Regulation, as far as they apply to remand prisoners.

Article 97. Preventive measures under closed procedure.

1. The agreement of the Treatment Board referred to in paragraph 2 of the preceding article shall require at least the reasoned reports of the Chief of Services and the Technical Team and shall always be motivated.

2. The agreement shall be notified to the prisoner, by handing over a copy of the agreement, within 24 hours of its adoption, expressing the right to go to the supervisory judge, in accordance with article 76.2 (g) of the General Prison Organization Act. The supervisory judge shall also be informed within seventy-two hours of its adoption by means of a reference to the literal content of the agreement and the required reports on which it is based. If the agreement involves the transfer to another prison, the measure shall be communicated to the supervisory judge and the judicial authority on which the prisoner is dependent, without prejudice to its immediate execution.

3. In the cases provided for in article 95.3, the Steering Centre shall be transferred, as indicated in that provision, to the judicial authority on which the prisoner is dependent, and to the relevant supervisory judge.

Article 98. Review of the agreement.

1. The stay of detainees and prisoners in the closed regime shall be for the necessary time, until the reasons or circumstances that served as the basis for its application disappear or decrease significantly.

2. In any event, the review of the agreement referred to in the preceding article may not take more than three months, subject to the issuance of the required reports.

TITLE IV

Separation and classification of inmates

CHAPTER I

Separation of inmates

Article 99. Inside separation.

1. Pursuant to article 16 of the General Organization of Prisons Act, inmates shall be separated from the premises, taking into account, as a matter of priority, the criteria of sex, age and criminal record and, with respect to convicted persons, the requirements of treatment.

2. With regard to the separation of members of the State Security Forces and Forces and military personnel who are placed in common prisons, the relevant legislation should be observed.

3. Exceptionally, men and women may share the same department with the consent of each other and provided that they meet the requirements of Chapter III of Title VII.

4. Young persons under the age of 21 may be transferred to adult departments only when authorized by the Treatment Board, and brought to the attention of the supervisory judge.

CHAPTER II

Classification of convicted persons

Article 100. Prison classification and flexibility principle.

1. In addition to the separations referred to in the previous article, after admission the convicted persons must be classified in grades. The grades will be nominated in a correlative manner, so that the former corresponds to a regime in which the control and security measures will be stricter, the latter to the ordinary regime and the third to the open regime.

2. However, in order to make the system more flexible, the Technical Team may propose to the Treatment Board that, in respect of each convicted person, an execution model be adopted in which aspects characteristic of each of the above-mentioned grades may be combined, provided that such measure is based on a specific treatment programme that cannot otherwise be implemented. This exceptional measure will require the subsequent approval of the relevant Supervisory Judge, without prejudice to its immediate implementation.

Article 101. Grades of classification.

1. Classification to the second degree involves the application of the rules applicable to the ordinary regime of establishments.

2. The third degree determines the application of the open regime in any of its modalities.

3. The first degree determines the application of the rules of the closed regime.

Article 102. Variables and classification criteria.

1. For the individualization of treatment, after proper observation of each convicted person, classification shall be made, which shall determine the destination of the establishment whose regimen is most appropriate for the treatment indicated to it and, where appropriate, the most suitable group or section within it.

2. In order to determine the classification, the Treatment Boards shall weigh the individual, family, social and criminal history of the prisoner, the length of sentences, the social environment to which the prisoner returns and the resources, facilities and difficulties available in each case and time for the success of the treatment.

3. The second degree will be classified those convicted in those who have a personal and prison circumstances of normal coexistence, but without the capacity to live, for the time being, in semi-liberty.

4. The third grade classification shall apply to inmates who, because of their personal and prison circumstances, are qualified to carry out a semi-liberty life regime.

5. In accordance with article 10 of the General Prisons Organization Act, inmates who are described as extreme danger or gross and serious misadaptation to the general rules of orderly coexistence shall be classified in the first degree, taking into account the concurring factors such as:

(a) The nature of crimes committed throughout their criminal history, which denotes an aggressive, violent and antisocial personality.

(b) Commission of acts that infringe upon the life or physical integrity of persons, sexual freedom or property, committed in particularly violent ways or forms.

(c) Belonging to criminal organizations or armed gangs, as long as they do not show, in both cases, unequivocal signs of having been removed from the internal discipline of such organizations or gangs.

(d) Active participation in riots, plantings, physical assaults, threats or coercion.

(e) Commission of disciplinary offences classified as very serious or serious, repeatedly and sustained over time.

(f) The introduction or possession of firearms in the prison, as well as the possession of toxic drugs, narcotic drugs and psychotropic substances in a significant amount, which would suggest their destination for trafficking.

Article 103. Initial classification procedure.

1. The proposal for initial classification of prisons will be formulated by the Treatment Boards, after review by the prisoner.

2. The proposal will be formulated in the standard form approved by the Steering Centre within two months of receipt at the Establishment of the testimony of the judgement.

3. The prison classification protocol shall contain the reasoned grade proposal and the individualized treatment programme, which shall cover the needs and shortcomings identified in the inmates in the areas referred to in Article 20.2 of this Regulation. The programme shall specify the destinations, activities, educational programmes, work and occupational or other activities to be followed by the inmate.

4. The decision on the proposed prison classification shall be issued, in written form and in a reasoned form, by the Management Centre within a maximum period of two months from its receipt.

5. The initial classification decision shall be notified to the prisoner concerned, indicating in the notification that, if he does not comply with it, he may appeal to the supervisory judge.

6. The Steering Centre may extend the time limit for issuing the initial classification resolution to a maximum of two more months, for better observation of the conduct and consolidation of the positive factors of the intern.

7. In the case of convicted persons with sentences of up to one year, the initial classification proposal made by the Treatment Board, adopted by unanimous agreement of its members, shall be considered as an initial classification resolution for all purposes, except where the first-degree classification of treatment has been proposed, in which case the resolution shall be the responsibility of the Steering Centre.

8. In this case, the unanimous agreement of the Treatment Board of initial classification in second or third degree shall be notified to the intern, who may exercise the challenge referred to in paragraph 5 of this article and shall be forwarded to the Management Centre.

9. If the second or third-degree classification treatment board proposal referred to in the preceding paragraphs is not unanimous, it shall be forwarded to the Management Centre for the resolution that follows as set out in the other paragraphs of this Article.

Article 104. Special cases.

1. Where a convicted person also has one or more cases pending in pre-trial proceedings, no proposal for initial classification shall be made for the duration of this procedural situation.

2. If a convicted person is already classified and has been remanded in custody for another or other reasons, this classification shall be terminated, and the Executive Centre shall be informed.

3. In order for an inmate who has not extinguished a quarter of the sentence or convictions to be proposed for third degree, sufficient study time must be spent to obtain adequate knowledge of the sentence and to attend, favourably qualified, the variables involved in the prison classification process listed in article 102.2, with particular consideration being given to the criminal history and social integration of the convicted person.

4. According to medical reports, prisoners who are very seriously ill and suffer from incurable conditions, regardless of the variables involved in the classification process, may be classified as third grade for humanitarian reasons and personal dignity, taking into account the difficulty of committing crimes and their low level of danger.

Article 105. Revision of the initial classification.

1. Every six months at most, inmates must be individually studied to evaluate and reconsider, where appropriate, all aspects set out in the individualized treatment model when formulating their initial classification proposal.

2. Where the Treatment Board does not consider it appropriate to propose to the Management Centre a change in the degree assigned, the reasoned decision shall be notified to the inmate, who may request the referral of the relevant report to the Management Centre to resolve the relevant maintenance or grade change. The decision of the Management Centre shall be notified to the prisoner with an indication of the right to appeal to the Supervisory Judge.

3. When the same Board repeats the first-degree classification for the second time, the prisoner may request that his next proposal for classification be made by the Prison Observation Centre. The same right shall be granted to him when, in the second degree and in the same circumstance, he has reached half of the sentence.

Article 106. Progression and regression of degree.

1. The evolution of prison treatment will determine a new classification of the prisoner, with a corresponding proposal to transfer him to the appropriate prison or, within the same centre, to another department with different lifestyles.

2. The progression in the degree of classification will depend on the positive modification of those factors directly related to criminal activity, will manifest itself in the overall conduct of the inmate and will entail an increase in the confidence placed in it, which will allow the attribution of more important responsibilities involving a greater margin of freedom.

3. The regression of degree will proceed when a negative evolution in the prognosis of social integration and in the personality or behavior of the inmate is appreciated in relation to the treatment.

4. Where the prisoner does not participate in an individualized treatment programme, the evaluation of his or her progress shall be carried out in the manner described in article 112.4, except where the Board of Treatment has been able to assess the social integration of the prisoner by other legitimate means.

5. The resolution of proposals for progression and regression of degree shall be based on the same formalities, time limits and possible extension of the same as provided for in Article 103 for the resolution of the initial classification.

Article 107. Notification to the Public Prosecutor.

All decisions of classification or progression to the third degree adopted by the Management Centre or by unanimous agreement of the Treatment Board as provided for in article 103.7, shall be notified, together with the report of the Treatment Board, to the Public Prosecutor within three working days of their adoption.

Article 108. Provisional regression.

1. If an inmate classified as a third degree does not return to the penitentiary after having received an exit permit or any other authorized departure, without prejudice to article 157.2, he shall be provisionally classified as a second degree, pending the reclassification of the corresponding degree upon his re-entry into a penitentiary.

2. After re-entry, the Director of the Centre shall agree, as an interim measure, on the provisional transfer to the ordinary regime until the relevant reclassification is made.

3. In the case of inmates classified as third-degree prisoners who were arrested, imprisoned, prosecuted or charged with alleged new responsibilities, the Director may suspend any further departures, as well as agree on the appropriate internal separation and their temporary transfer to the ordinary regime, and the Treatment Board shall proceed immediately to the appropriate reclassification in his case.

Article 109. Central Prison Observation.

1. For proper observation, classification and treatment advice for inmates, there will be a Monitoring Prison with headquarters in the central services of the Steering Centre, where a group of specialists integrated in Technical Teams will operate with the following functions:

(a) Completing the work of the Technical Teams of Establishments in their specific tasks.

(b) To report on technical matters formulated by the Steering Centre, as well as to meet the requirements requested by judges, courts and members of the Prosecutor ' s Office in the area of expertise of persons subject to their jurisdiction

(c) Carry out criminological research.

(d) To participate in the teaching and training of officials.

2. The Centre shall study in the various prisons those inmates whose classification is difficult or doubtful for the treatment boards of establishments or groups or types of persons whose particularities are to be investigated in the opinion of the Centre.

3. However, the Management Centre may appoint another Board of Treatment, especially qualified in view of the peculiarities of the internee, or where there are a large number of inmates awaiting consideration by the Board.

TITLE V

Prison treatment

CHAPTER I

General criteria

Article 110. Elements of treatment.

In order to achieve the resocializing purpose of the custodial sentence, the Prison Administration:

(a) Design training programmes aimed at developing the skills of inmates, enriching their knowledge, improving their technical or professional skills and compensating for their shortcomings.

(b) Use psychosocial programmes and techniques aimed at improving the capacities of inmates and addressing specific problems that may have influenced their previous criminal behaviour.

(c) Strengthen and facilitate the internal contacts with the outside world by relying, wherever possible, on community appeals as key instruments in the reintegration efforts.

Article 111. Treatment Boards and Technical Equipment.

1. The tasks of observation, classification and prison treatment shall be carried out by the Treatment Boards and their decisions shall be carried out by the Technical Teams, whose composition and functions are determined in Section 2a of Chapter II of Title XI of these Regulations.

2. For the proper execution of these activities by the Technical Teams, the collaboration of the rest of the professionals in the penitentiary field will be counted. To this end, the Prison Administration will develop management models that encourage the participation of all public employees to achieve effective treatment programmes.

3. The collaboration and participation of citizens and public or private institutions or associations will be facilitated.

Article 112. Inmate participation in treatment.

1. Inmates shall be encouraged to participate in the planning and implementation of their treatment.

2. To this end, the professional of the Technical Team responsible for its follow-up will inform you of the objectives to be achieved during detention and of the most appropriate means and time frames to achieve them.

3. The prisoner may freely refuse or not collaborate in the realization of any technique of study of his personality, without this having disciplinary, regulatory or regression consequences.

4. In the cases referred to in the preceding paragraph, the initial classification and subsequent revisions thereof shall be carried out by direct observation of the behaviour and relevant reports of the prison staff of the Technical Teams concerned with the inmate, as well as by using existing documentary data.

CHAPTER II

Treatment programmes

Article 113. Treatment activities.

1. Treatment activities shall be carried out both within and outside prisons, depending on the conditions most appropriate for the achievement of the constitutional and legal purposes of the custodial penalty in each specific case.

2. In any event, the Prison Administration will take into account existing resources in the community for the implementation of prison treatment activities.

Article 114. Scheduled outputs.

1. For the purpose of carrying out specific treatment activities, scheduled departures may be organised for those inmates who offer guarantees of proper and appropriate use of the same. 2. In any event, inmates shall be accompanied by staff of the Prison Centre or other institutions or by volunteers who regularly carry out activities related to the prison treatment of prisoners.

3. The requirements for the granting of scheduled departures shall be those laid down for ordinary departure permits in Article 154 of this Regulation.

4. The scheduled departures will be proposed by the Treatment Board, which will request the approval of the Management Centre and the subsequent authorization of the Supervisory Judge in cases where the departure, due to its duration and the degree of classification of the prisoner, falls within the competence of this judicial body.

5. As a general rule, the duration of scheduled departures shall not exceed two days and shall in no case be counted within the limits laid down for ordinary permits in Article 154.

6. The planned departures shall take appropriate measures in each case concerning the form and means of transfer and the corresponding security measures.

Article 115. Groups in therapeutic community.

1. Programmes based on the principle of therapeutic community may be organized in the appropriate centres for specific groups of inmates whose treatment requires it.

2. Provided that the Steering Centre authorizes the formation of one of these groups, the Board of Treatment which is in charge of the Board of Directors shall assume the functions assigned to it by the Board of Directors and the Disciplinary Commission of the Prison Centre, excluding those relating to the economic and administrative aspects.

Article 116. Specialized action programmes.

1. Any prisoner who is dependent on psychoactive substances should be able to follow treatment and disqualification programmes, regardless of his or her procedural situation and his or her criminal and prison circumstances.

2. Within the framework established in the National Plan on Drugs, the Prison Administration, in coordination with other public administrations or other duly accredited agencies and institutions, shall carry out in prisons specialized drug treatment programmes, as required by inmates who voluntarily request it.

3. For the implementation of permanent drug dependency programmes, the Steering Centre may have specific departments located in different geographical areas to avoid, as far as possible, the social uprooting of inmates following a drug dependence programme.

4. The Prison Administration may conduct specific treatment programmes for inmates convicted of crimes against sexual freedom on the basis of their previous diagnosis and any others deemed appropriate. Monitoring of these programmes will always be voluntary and will not lead to the marginalization of the inmates concerned in the prisons.

Article 117. Registal measures for the implementation of specialized programmes for convicted persons classified in the second degree.

1. Inmates classified in the second degree of treatment who have a low profile of social danger and do not offer risks of a breach of sentence may regularly go to an external institution for the execution of a specific specialized care programme, provided that this is necessary for their treatment and social reintegration.

2. This measure will require that the Board of Treatment has planned with the intern and will be conditional on the latter giving its consent and formally committing to observe the institution's own life regime and the follow-up and control measures established in the programme, which cannot consist of personal control by members of the State Security Corps and Forces.

3. The duration of each daily departure shall not exceed eight hours, and the programme of which it forms part shall require the authorization of the Supervisory Judge. If the programme requires prompt or irregular departures, the authorization shall be given by the Steering Centre.

4. The Treatment Board will coordinate with the institution for programme follow-up.

5. Participation in the programme may be revoked by a voluntary decision of the prisoner, for failure to comply with the conditions laid down or for circumstances which justify such a decision.

CHAPTER III

Training, culture and sport

Section 1.a. General criteria

Article 118. Programming of activities.

1. Educational, training, socio-cultural and sports activities shall be determined by the Board of Directors, taking into account the plans of action of the Board of Directors, on the basis of the individualized programmes developed by the Treatment Boards.

2. Foreign prisoners will have the same access to training and education as nationals. To this end, the Prison Administration will endeavour to provide them with the appropriate means to learn the Spanish language and the co-official language of the Autonomous Community where the Prison Centre is located.

Article 119. Incentives.

1. Follow-up with the use of educational and training activities and, in general, of all those referred to in the preceding article shall be encouraged by appropriate prison benefits and rewards.

2. Certifications of the courses, courses or activities carried out shall be issued at the request of the prisoner and shall not contain any indication as to whether they have been obtained in a penitentiary establishment.

Article 120. Tutoring and academic guidance.

1. The tutoring and guidance of inmates shall be part of the teaching function. Each group of students will have a tutor teacher.

2. Educational services shall ensure the academic, psychopedagogical and professional orientation of pupils, especially with regard to the various educational options and the transition from the educational system to work, paying particular attention to overcoming marginal social habits that condition access to different studies and professions.

Article 121. Transfers for educational reasons.

1. The Management Centre may grant, after a report by the Treatment Board, transfers of Establishment for educational reasons, provided that the prisoner submits the application in good time and there are no reasons for safety which would discourage him from doing so.

2. In the event of the transfer of a prisoner to another prison for any reason, his/her personal record shall be included in his/her personal record.

Section 2.a Compulsory education

Article 122. Basic training.

1. Upon admission to the Establishment, inmates who do not have degrees corresponding to the compulsory teaching in the educational system will be examined by the Teacher for their level of instruction and educational profile, as well as to determine the compulsory education cycle in which they will be included.

2. The educational services shall determine the courses to be conducted by the inmate, which shall be compulsory only when the inmates lack the knowledge of basic education.

3. In the academic field, the educational activity of the prisons shall be in accordance with the provisions of the educational authorities under whose jurisdiction the penitentiary establishment is located.

Article 123. Priority and complementary actions.

1. Basic training for illiterate persons, young people, foreigners and persons with specific problems in accessing education will be a priority.

2. Health education will be given priority attention.

3. Basic training for inmates will be complemented by other activities necessary to promote their comprehensive development.

Section 3.a Other lessons

Article 124. Access.

1. The Prison Administration will facilitate the access of inmates to formal and non-formal educational programmes that contribute to their personal development.

2. To this end, the Prison Administration will promote, through agreements with public and private institutions, the necessary actions to enable inmates to take advantage of the teaching of the different levels of the education system.

3. Where participation in these educational programmes involves regulatory changes, authorisation must be sought from the Establishment Directorate, which may refuse it for security reasons.

Article 125. Children ' s education for minors.

In the Mother Units, the Education Unit will schedule a series of educational activities for children each year.

Section 4.a Personal and material means

Article 126. Educational units.

1. In each prison there will be one or more educational units for the development of compulsory basic training courses.

2. In each Centre there will be teachers responsible for educational activities, who will teach the teachings that are determined and will be responsible for the face-to-face and distance education that is programmed at the different educational levels.

3. The educational facilities will be equipped and will have the necessary material means to carry out the training activities under the control of the Educational Unit.

Article 127. Libraries.

1. In each Establishment there will be a library and a reading room under the responsibility of the Master to be determined.

2. Inmates may assist in the management of the library and propose such acquisitions as they deem appropriate, and shall be entitled to the use of existing funds in the library.

3. Depending on the number of foreign inmates in the prison, the library will be able to have publications published in the most common foreign languages. To that end, cooperation shall be sought from the consular services concerned and appropriate private organizations.

4. Depending on the material and technical possibilities of each prison, libraries will have access points to information networks, in accordance with the principles in force at each time in the field of digital security and data protection. The use of these means, both for the purposes provided for in article 128 of these regulations and in general in the educational or cultural field, shall be governed by the rules governing the internal regime of each prison, and limitations may be established individually in the terms of article 128.

Paragraph 4 is added by Art. 2.5 of Royal Decree 268/2022 of 12 April 2022. Ref. BOE-A-2022-6046

Article 128. Provision of books and newspapers.

1. In addition, inmates have the right to have books, newspapers and magazines of free circulation abroad, subject to the limitations which, in specific cases, advise the requirements of individualized treatment, subject to a reasoned decision of the Establishment Treatment Board. The prisoner may lodge a complaint with the supervisory judge against such a decision, which must be notified to the prisoner. They will also be informed through radio and television hearings.

2. In any event, the holding within the establishments of publications which do not have a legal deposit or a printprint shall not be permitted, except for publications published in the prison itself, as well as publications which undermine the security and good order of the establishment. Where, as a result of such a prohibition, an unauthorised publication is withdrawn from an inmate, the decision to be taken shall be notified to the inmate and communicated to the Supervisory Judge.

Article 129. Provision of personal computers.

1. Where reasons of an educational or cultural nature make this necessary or advisable for the development of the corresponding training programmes, the prisoner may be authorized to have a personal computer. To this end, the inmate shall be required to present a report justifying the need endorsed by the Professor or Tutor.

2. The use of computer and computer equipment shall be regulated in the relevant internal rules, including the use of external information storage devices and the connection to communication networks.

3. The Board of Directors may withdraw the authorisation granted where there are reasonable suspicions that the authorisation is being misused or where the authorisation does not correspond to a real need of the prisoner. In any event, suspicions of misuse of the computer will be understood when the inmate refuses to display the contents of all the files of the computer, upon request of the Board of Directors.

Paragraph 2 is amended by Art. 2.6 of Royal Decree 268/2022 of 12 April 2022. Ref. BOE-A-2022-6046

Section 5.a Vocational, sociocultural and sports training

Article 130. Vocational and occupational training.

1. Inmates with low professional qualifications will conduct vocational and occupational training courses that, in accordance with the guidelines of the Treatment Board, are assigned to them.

2. The courses will be organized in accordance with existing plans for the remaining citizens in the fields of vocational and occupational training and social and labour integration.

3. Vocational training shall consist of the theoretical and practical parts laid down in the relevant plans.

Article 131. Sociocultural and sports activities.

1. In accordance with the guidelines set by the Steering Centre and in accordance with the needs identified by the Treatment Boards, the most appropriate cultural, sports and support activities will be programmed to achieve the comprehensive development of inmates.

2. The inmates may propose the socio-cultural and sporting activities they wish to carry out.

3. The Prison Administration will promote the maximum participation of inmates in the implementation of the cultural, sports and support activities that are programmed, which will be allocated to as many inmates as possible and will be continued throughout the year.

4. Cultural, sports and support activities, as well as participation in them by inmates, professionals of the Centre and social partners from abroad, will be coordinated by the Treatment Board.

5. A booklet will be formed to include all the training, work, sociocultural and sports activities carried out by inmates.

CHAPTER IV

Special employment relationship in prisons

Section 1.a. General criteria

Article 132. Concept and characters.

Prison work of a productive nature for the benefit of others not carried out through cooperative or similar forms, as referred to in article 27.1 (c) of the General Prison Organization Act, is a right and duty of the prisoner, constitutes a fundamental element of treatment when it results from the formulation of an individualized programme and is also intended to prepare inmates for access to the labour market when they reach freedom.

Article 133. The duty to work.

1. All convicted persons have the duty to work according to their abilities, either by carrying out the work referred to in the previous article or any of the other forms of occupation provided for in article 27 of the General Organization of Prisons Act.

2. The following shall be exempt from this obligation, without prejudice to the possibility, where appropriate, of enjoying prison benefits:

(a) Those undergoing medical treatment due to accident or illness, until discharged.

(b) Those who are permanently incapacitated for all kinds of work.

(c) Persons over the age of sixty-five.

(d) Retirement benefit recipients.

(e) Pregnant women, on the occasion of childbirth, for sixteen uninterrupted weeks, which may be extended by multiple delivery up to eighteen weeks, distributed before and after delivery at the option of the woman concerned, provided that six weeks are immediately following the delivery.

(f) Prisoners who are unable to work on the basis of force majeure.

3. Pretrial detainees may work according to their abilities and inclinations, for which purpose the Prison Administration shall provide them with the means of occupation at their disposal. When they voluntarily perform productive work under the special prison employment relationship, they shall enjoy, on an equal basis with the convicted persons, the remuneration established for them.

Articles 134 to 152.

(Repealed)

They are repealed by the one-off derogation provision.2.b) of Royal Decree 782/2001 of 6 July. Ref. BOE-A-2001-13171

Text added, published 07/07/2001, in force from 08/07/2001.

CHAPTER V

Non-productive occupational work

Article 153. Occupational work.

1. Occupational workshops may be held in prisons where prisoners work, in accordance with programmes established by the competent prison administration or by the Centre ' s Treatment Board.

2. Prisoners who perform occupational work may receive incentives, rewards or prison benefits for the performance of their work.

3 The economic benefits of selling the products produced in the occupational workshops will be used for the replacement of the materials needed for the production of the products, as well as for the payment of incentives to inmates.

4. The work carried out in the occupational workshops does not fall within the special employment relationship regulated in the previous chapter, nor do they enjoy the protection of social security.

TITLE VI

From the exit permits

CHAPTER I

Classes, duration and permit requirements

Article 154. Ordinary permits.

1. Regular exit permits of up to seven days in preparation for life in freedom may be granted, upon mandatory report by the Technical Team, to a total of thirty-six or forty-eight days per year for convicted persons classified in the second or third degree respectively, provided that one quarter of the sentence or sentence has been extinguished and that they do not observe misconduct.

2. The annual maximum limits of thirty-six and forty-eight days of permits mentioned above shall be distributed, as a general rule, in the two natural semesters of each year, granting in each of them up to eighteen and twenty-four days, respectively.

3. Within the above limits, no account shall be taken of weekend departures from the open system or scheduled departures covered by Article 114 of this Regulation, or of extraordinary permits covered by the following Article.

Article 155. Extraordinary permissions.

1. In the event of the death or serious illness of the parents, spouse, children, siblings and other persons intimately linked to the inmates or to the delivery of the wife or person with whom the prisoner is bound by similar affectivity, as well as for important and proven reasons of similar nature, extraordinary exit permits shall be granted, with appropriate security measures, where appropriate, unless exceptional circumstances prevent them.

2. The duration of each extraordinary permit shall be determined by its purpose and may not exceed the limit set in the previous article for ordinary permits.

3. In the case of first-degree inmates, the express authorization of the Supervisory Judge shall be required.

4. Extraordinary exit permits of up to 12 hours may be granted, with appropriate security measures where appropriate and after medical report, for outpatient consultations of convicted persons classified in the second or third degree, as well as extraordinary leave of up to two days' duration when they are to be admitted to an extra-penitentiary hospital. In the latter case, if the prisoner has to remain in custody for more than two days, the extension of the permit for the necessary time must be authorized by the Supervisory Judge in the case of convicted persons classified in the second degree or by the Management Centre for those classified in the third degree.

5. The permits referred to in the preceding paragraph shall not, in general, be subject to control or custody of the prisoner in the case of third-degree convicted persons and may be granted under self-government for second-degree convicted persons who normally enjoy ordinary exit permits.

Article 156. Technical Team report.

1. The mandatory report of the Technical Team shall be unfavourable when, due to the peculiar criminal trajectory, the abnormal personality of the internee or the existence of unfavourable qualitative variables, it is likely that the sentence will be broken, new crimes committed or a negative impact of the departure on the internee from the perspective of his preparation for life in freedom or his individualized treatment program.

2. The Technical Team shall, in its report, establish the conditions and controls to be observed, if any, during the use of the exit permit, the compliance of which shall be assessed for the granting of new permits.

Article 157. Suspension and revocation of exit permits.

1. Where, prior to the commencement of the use of an ordinary or extraordinary permit, events occur which alter the circumstances which led to its granting, the Authority may, on a provisional basis, suspend the permit, with the notification of the competent administrative or judicial authority, suspending the permit for the purpose of deciding what is appropriate.

2. If the prisoner avails himself of any kind of permit to escape or commit a new offence during the same, the permit granted shall cease, without prejudice to the consequences that may arise from his conduct in the penal and prison order and that such circumstances must be assessed negatively by the Technical Team for the granting of future ordinary permits.

Article 158. Compatibility of ordinary and extraordinary permits.

1. The granting of an extraordinary permit does not exclude that of ordinary inmates classified in the second or third degree of treatment.

2. Under no circumstances shall extraordinary leave be granted where the factual situation or the circumstances of the case permit its processing as an ordinary permit.

Article 159. Precautionary exit permits.

The exit permits regulated in this Chapter may be granted to remand prisoners, subject to the approval, in each case, of the relevant judicial authority.

CHAPTER II

Award procedure

Article 160. Initiation and instruction.

1. The request for ordinary or extraordinary departure permits made by the inmate shall be informed by the Technical Team, which shall verify the compliance with the objective requirements for the enjoyment of the permit, assess the particular circumstances determining its purpose and establish, where appropriate, the conditions and controls referred to in Article 156.

2. In the light of such mandatory report, the Treatment Board shall agree to grant or refuse the permit requested by the prisoner.

Article 161. Concession.

1. If the Treatment Board agrees to grant the permit requested by the prisoner, it shall forward the agreement, together with the report of the Technical Team, to the Supervisory Judge or the Steering Centre, depending on whether the inmates are classified in the second or third degree of treatment, respectively, for authorization.

2. Ordinary leave for prisoners of up to two days shall be authorized by the Steering Centre.

3. In the case of remand prisoners, the express authorization of the judicial authority at whose disposal the prisoner is required shall in any case be required.

4. In urgent cases, the extraordinary permit may be authorized by the Director of the Establishment, after consulting the Steering Centre if any, and without prejudice to informing the Treatment Board of the authorization granted.

Article 162. Denial.

If the Board of Treatment agrees to refuse the permit requested by the prisoner, the prisoner shall be notified of the reasoned decision with express indication of his right to complain to the Prison Supervision Judge.

TITLE VII

Special forms of execution

CHAPTER I

Placement in a Social Integration Centre

Article 163. Definition.

1. The Social Integration Centres are correctional facilities for the purpose of serving open prison sentences and weekend detention sentences, as well as monitoring the number of non-custodial sentences provided for in criminal law and the execution of which is attributed to the relevant services of the Ministry of Justice and the Interior or competent autonomous body. They will also be dedicated to the follow-up of those conditionally released who are assigned to them.

2. Prison activities in these centres will have the main purpose of enhancing the positive social inclusion capacities of persons in these centres through the development of treatment activities and programmes designed to promote their inclusion in the social environment.

Article 164. Operation.

1. The operation of these Centres shall be based on the principle of trust in the internal institution and the voluntary acceptance by the internal institution of the treatment programmes.

2. The following guiding principles shall be used to guide their activities:

(a) Integration, facilitating the full participation of the prisoner in family, social and work life and providing the necessary care through the general services in order to integrate him/her into the appropriate family and social environment.

(b) Coordination, with all public and private agencies and institutions involved in the care and reintegration of prisoners, with particular attention to the use of external social resources, particularly in the areas of health, education, training and work.

3. For the fulfilment of their purposes, the Social Integration Centres shall have the bodies and teams of professionals determined in the rules for the implementation of this Regulation.

4. The above principles, as inspirational of the Social Integration Centres, constitute a specific functioning of the centres within the penitentiary system for their own purposes, objectives and norms. These rules shall be promulgated by the Ministry of Justice and the Interior or the competent autonomous body in addition to these Regulations, which shall be applied in addition to these Regulations.

CHAPTER II

Dependent Units

Article 165. Definition.

1. Dependent Units are units architecturally located outside the prison premises, preferably in ordinary dwellings in the community environment, without any sign of external distinction regarding their dedication.

2. The training, labour and treatment services and benefits received by inmates are managed directly and preferentially by non-custodial associations or bodies. This does not prevent the Prison Administration from also participating in such tasks with staff of the Prison Administration, without prejudice to the control and coordination functions of the Prison Administration.

3. Administratively, they will always depend on a prison, retaining their collegial and one-person bodies the powers and responsibilities with respect to the inmates in them, as set out in the legislation in force, with the greatest possible respect for the principles of specificity and autonomy that confer their raison d'être on these units.

4. The Directors of the Prisons shall promptly communicate to the Secretariat of State or equivalent autonomous body any modification that occurs or is planned concerning any of the data pertaining to the Dependent Units of their Prisons.

5. The convicted persons in the prison will need to be classified in the third degree of treatment, fulfilling the requirements set out in general legislation.

Article 166. Creation.

1. The creation of new Dependent Units will be carried out by Ministerial Order or equivalent autonomous resolution, and these actions may be encouraged by the signing of agreements or collaboration agreements between the corresponding Prison Administration and other institutions dedicated to the resocialization of inmates.

2. All Dependent Units will have internal operating rules, which will reflect the specific obligations and rights of residents, the general schedule, as well as the rules of coexistence and internal communications. Such rules shall be laid down, in accordance with the provisions of the following paragraph, by the heads of the Unit and shall be approved by the Board of Directors of the Prison Centre, following a report by the Board of Treatment.

3. There will also be rules for the organization and monitoring of the Unit's specific objectives, the preferred profiles of inmates, the composition of the joint bodies composed of the Prison Administration and the corresponding institution for monitoring the functioning of the Unit, the regular meeting arrangements, their specific patterns of action and the service to be provided by prison officers. These standards will be prepared by the Prison Treatment Board in coordination with the Non-Penal Institution and will need to be approved by the Steering Centre.

Article 167. Selection and destination.

1. The selection of inmates to be assigned to a Dependent Unit shall be carried out by the Treatment Board, in accordance with the general criteria for third-degree classification and the preferred profiles in each of them.

2. The fate of an intern to a Dependent Unit requires his prior and express acceptance of the rules of the Unit, in accordance with the principles of mutual trust and self-responsibility that inform the open regime.

3. The Director of the Establishment shall inform the Prison Supervision Judge of the fate of each prisoner to the Dependent Unit, as well as of any changes in the fate of the prisoner.

CHAPTER III

Placement in a Joint Establishment or Department

Article 168. Mixed centres or units.

On an exceptional basis, the Steering Centre may, in accordance with article 16 (a) of the General Prisons Organization Act, establish, for specific groups of the prison population, centres or joint departments where men and women may be assigned to specific treatment programmes or to avoid family restructuring.

Article 169. Voluntary participation.

1. When the Treatment Boards, with the consent of those selected as required by article 99.3 of these Regulations, make proposals for the purpose of such an establishment, they shall give a careful consideration to all the personal and prison circumstances involved and, in particular, to the individual self-control variables of the inmates.

2. Prisoners convicted of crimes against sexual freedom may not be assigned to these Joint Departments.

Article 170. Therapeutic community.

The Management Centre may authorize therapeutic community groups to be organized in these establishments in the manner and conditions set out in Article 115 of these Regulations.

Article 171. Joint activities.

Depending on the sexual differentiation of the residents, the Boards of Directors or the Board of Treatment responsible for the therapeutic community cases referred to in the preceding article shall submit to the Steering Centre for approval the rules of internal regime, which shall specify what type of activities may be carried out in common and those for which the general criterion of separation from the General Organic Prison Act should continue to preside over the life regime.

Article 172. Spouses.

In any case, and unless reasons for treatment, classification, security or good order of the Establishment make it inadvisable, the full coexistence of spouses deprived of their liberty shall be encouraged.

CHAPTER IV

Placement in youth departments

Article 173. General principles.

1. The life regime of youth departments will be characterized by intensive educational action. Inmates under 21 years of age are considered young and, exceptionally, those who have not reached the age of 25.

2. The staff assigned to the youth departments will direct their actions to the comprehensive training of inmates, enhancing and developing their capacities through compensatory techniques to help them improve their knowledge and skills, so as to increase their opportunities for reintegration into society.

3. The contact of the prisoner with his/her social environment shall be encouraged, as far as possible, using the existing resources to the maximum extent possible and ensuring the participation of the community institutions in the life of the department.

Article 174. Media and programmes.

1. As a result of the provisions of the preceding article, all educational means of specialized care and all other appropriate means must be available and used to meet the needs of the prisoner ' s personalised treatment.

2. The architectural and environmental conditions, the system of coexistence and the organization of the life of the department will be structured in such a way as to guarantee the development of five fundamental programs:

(a) A programme of instrumental training and basic training, understood as a general and compensatory training of a deficit education in relation to the development and requirements of today's society. This area should allow the prisoner access to all levels of education established in the educational system.

(b) A work training programme that includes both initial learning to enable them to enter the labour market, as well as updating, retraining and upgrading of knowledge and skills to carry out a profession or occupation in accordance with the requirements of social development and the constant change of the productive system.

(c) A training programme for leisure and culture aimed at the use of free time for training purposes and the deepening of civic values.

(d) A programme aimed at physical education and sport which, in addition to improving the state of its body, allows for the release of both physical and psychological tensions.

(e) An intervention programme aimed at those problems of a psychosocial, drug-dependent or other nature that hinder the standardized social integration of inmates.

Article 175. Education.

1. When designing the individualized intervention model or treatment programme, an educational project will be established in accordance with the personal characteristics of each young intern.

2. The young person ' s educational project will be monitored and evaluated periodically and all professionals attending the institution will participate in its implementation.

Article 176. Regime.

Depending on the scheme, the youth modules or departments will be diversified into different types depending on whether the inmates to whom they are assigned are classified as first, second or third degree of treatment.

Article 177. Living arrangements.

In order to achieve the objectives set out in each individualized programme of implementation and to enhance the interest, collaboration and participation of inmates in its treatment, a flexible system of separation will have to be put in place, with the aim of establishing different life patterns in each department, characterized by progressive margins of trust and freedom.

CHAPTER V

Placement in Mother Units

Article 178. Operating rules.

In accordance with article 17, the Prison Administration shall provide for minors and their mothers in Mothers' Units, which shall, in their essential aspects, be governed by the following rules:

1. The Treatment Board shall programme training and leisure activities, as well as planned outings for minors, with particular attention to their social integration into the community where the Establishment is located, for which purpose it shall be assisted by the specialists referred to in standards 2a and 3a and by the social services of the Centre concerned.

2.a In these units there will be a Child Education Specialist who will guide the educational and playful programming of the activities of children.

3.a Minors shall be provided with medical care at the Establishment by a Pediatrics Specialist.

4.a The Administration shall guarantee to minors the rest and play hours that they may require. For these purposes, a sufficient space of formative action with elements of play and entertainment will be dedicated.

5.a The regime of visits of the minor may only be restricted temporarily for reasons of order and security of the establishment.

6.a In the case of mothers who lack sufficient financial means, the Administration shall provide for the child care of children with whom they share their placement.

Article 179. Flexible schedule.

With regard to inmates with minor children classified as third grade, the Treatment Board may approve a schedule appropriate to their family needs in order to encourage contact with their children in the family environment, being able to stay at home and enter the Establishment during the specified day hours.

Article 180. Dependent units.

The Management Centre may authorize, on a proposal from the Treatment Board, that inmates classified in the third degree of treatment with minor children be assigned to external Dependent Units, where they may be fully integrated into the workplace and school.

Article 181. Adoption of exceptional measures.

Where it is found that a minor is subjected to physical or mental abuse or is used by his mother or family members to introduce or extract substances or objects not authorized from the Establishment, the Board of Directors shall, after having reported by the Treatment Board, inform the Authority competent for minors to decide what it considers appropriate.

CHAPTER VI

Compliance in extra-penitentiary units

Article 182. Placement in a disqualification centre and a special educational centre.

1. The Steering Centre may authorize assistance in appropriate extra-penitentiary institutions, public or private, of convicted persons classified in third degree who require specific treatment for the disqualification of drug addictions and other addictions, reporting to the Supervisory Judge.

2. The authorization shall be subject to the following conditions, which shall be established in the protocol of the prisoner instructed for this purpose:

(a) A disqualification programme approved by the reception institution, which must contain the institution ' s express commitment to receive the prisoner and to inform the prison of any incidents arising in the treatment.

(b) Express consent and commitment of the prisoner to observe the regime of life of the host institution.

(c) Programme for the follow-up of the prisoner, approved jointly by the prison and the reception institution, which must contain the appropriate controls established by the centre, the prior and express acceptance of which by the prisoner shall be a prerequisite for the granting of the authorization.

3. The prison administration concerned shall conclude the necessary agreements with other public administrations or with cooperating entities for the implementation of the custodial security measures provided for in the Spanish Criminal Code.

CHAPTER VII

Placement in a prison psychiatric establishment or units

Article 183. Object.

Prison psychiatric establishments or units are those special centres designed to comply with the custodial security measures applied by the relevant courts.

Article 184. I'm in.

Admission to these institutions or psychiatric units shall be carried out in the following cases:

(a) Detainees or prisoners with psychiatric pathology, when the judicial authority decides to be admitted for observation, in accordance with the provisions of Spanish Criminal Procedure Actduring the time required by the report and the issue of the relevant report.

Once the report has been issued, if the judicial authority does not decide on the release of the prisoner, the Steering Centre may decide to transfer the prisoner to the Centre concerned.

(b) Persons to whom, by application of the exonerating circumstances established in the Spanish Criminal Code a security measure has been applied to them for placement in a psychiatric prison.

(c) Penalties for mental illness which have been imposed a security measure by the sentencing court pursuant to the provisions of the Spanish Criminal Code and on the Spanish Criminal Procedure Act that must be carried out in a prison psychiatric establishment or unit.

Article 185. Multidisciplinary team.

1. To ensure an adequate level of care, the correctional facilities or psychiatric units shall have at least one multidisciplinary team, consisting of psychiatrists, psychologists, general practitioners, nurses and social workers who are required to provide the specialized assistance required by patients placed there. They will also have the necessary professionals and auxiliary staff for the implementation of rehabilitation programmes.

2. The Prison Administration shall request the necessary cooperation from other public administrations with competence in this field so that the psychiatric treatment of inmates continues, if necessary, after their release and so that post-penitential social assistance of a psychiatric nature is guaranteed, as well as that patients whose personal and procedural situation permits them to be integrated into rehabilitation programmes and intermediate structures existing in the community mental health care model.

Article 186. Attention, destination and report to the judicial authority at the time of entry.

1. At the time of admission, the patient will be cared for by the doctor on duty, who, in the light of the reports of the Centre of provenance and of the result of his/her recognition, will arrange for the best fate of the patient to the most appropriate unit and the treatment to be followed until he/she is recognized by the psychiatrist.

2. The patient ' s care team shall submit a report to the relevant judicial authority, which shall record the proposal made on issues such as diagnosis and the evolution observed with treatment, the prognostic judgement made, the need for maintenance, cessation or replacement of detention, separation, transfer to another psychiatric establishment or unit, the rehabilitation programme, the application of special measures of assistance or treatment, as well as those to be taken into account when leaving the centre.

Article 187. Review.

1. The peculiarity of the internment of the alienated requires periodic information for proper judicial control, for which purpose the personal situation of the patient will be reviewed, at least every six months, by the Multidisciplinary Team, issuing a report on his or her condition and evolution.

2. The report referred to in the preceding paragraph, as well as the report referred to in article 186, shall be forwarded to the Public Prosecutor's Office for appropriate purposes.

Article 188. Regime of psychiatric establishments or units.

1. The separation in the different departments of the establishments or units will be done in response to the care needs of each patient.

2. Restrictions on the patient's personal freedom should be limited to those necessary depending on the patient's state of health or the success of treatment.

3. The use of coercive means is an exceptional measure, which can only be accepted by the doctor and for the minimum necessary time prior to the effect of the pharmacological treatment indicated, and the dignity of the person must be respected at all times. Even in cases where medically it is considered that there is no alternative to the application of the means expressed, the measure must be promptly brought to the attention of the judicial authority on which the patient depends, and the medical prescription must be documented.

4. The disciplinary arrangements contained in this Regulation shall not apply to patients placed in these institutions.

Article 189. Rehabilitation activities.

In order to increase the possibilities of deinstitutionalization of the institutionalized population and facilitate their return to the social and family environment, as well as their integration into the external health resources, the establishments or units shall establish, with written support, a general programme of rehabilitation activities, as well as individual rehabilitation programmes for each patient, not being to limit the application of these measures to those who have the greatest possibilities of reintegration into work or social life, but also to those who, even though having the greatest difficulty in their reintegration, can, however, improve, through the application of the corresponding treatments, aspects such as personal autonomy and social integration.

Article 190. Relations with the outside world.

Communications with patients outside the patient shall be established within the framework of the individual rehabilitation programme for each patient, indicating the number of communications and exits, the duration of such communications, the persons with whom the patients can communicate and the conditions under which these communications are conducted.

Article 191. Location and design criteria.

1. In determining the location and design of psychiatric facilities, account should be taken, as determining elements, of factors such as therapeutic criteria, the need to encourage leisure and leisure by inpatients, as well as the provision of sufficient space for the proper development of therapeutic and rehabilitative activities.

2. The Prison Administration shall ensure that the territorial distribution of prison psychiatric facilities promotes the rehabilitation of the sick through the establishment of their family environment, through the corresponding agreements and agreements with the competent health authorities.

TITLE VIII

Probation and prison benefits

CHAPTER I

Parole

Article 192. Conditional release.

Sentenced persons classified as third grade who meet the other requirements laid down for that purpose Spanish Criminal Code they shall serve the remainder of their sentence on probation, as provided for in the Code.

Article 193. Compute of time served.

The following rules shall be taken into account for the calculation of three quarters or, where appropriate, two thirds of the penalty:

1.a The time of conviction for which a pardon was granted shall be reduced to the total sentence imposed, for the purpose of applying probation, as if it were a new sentence of a shorter duration.

2.a Where the sentenced person is sentenced to two or more sentences of deprivation of liberty, the sum of those sentences shall be considered as a single sentence for the purposes of the application of conditional release. If the convicted person has been pardoned, the time pardoned in each case shall also be added to reduce him from the total amount.

Article 194. Initiation of the file.

The Treatment Board shall initiate the processing of the relevant file in advance so that the granting of this benefit is not delayed.

Article 195. Probation file.

The probation file shall contain, where appropriate, the following documents:

(a) Testimony of a judgement or judgement that has fallen and the corresponding liquidation of a sentence.

(b) Certification of prison benefits and third-degree classification.

(c) Prognostic report on social integration, issued by the Treatment Board in accordance with article 67 of the General Prison Organization Act.

(d) Summary of their prison and penal situation, indicating the dates of continued detention and of the completion of two thirds and three quarters of the sentence, as well as the date of final release; They shall also indicate the exit permits enjoyed and their incidences, as well as the penalties and their cancellations, for which a copy of the prison computer files may be provided.

(e) Individual probation programme and monitoring plan.

(f) Act of acceptance by his family, close family or non-penitentiary social institutions.

(g) A statement by the person concerned on the location in which he intends to establish his residence and on whether he accepts the guardianship and control of a member of the Centre ' s social services, who will report on the possibilities for the prisoner ' s control. In determining residence, account must be taken of the prohibition of residence in a particular place or of returning to certain places imposed by the Court.

(h) Manifestation by the person concerned of the work or means of life available to him upon release or, if he does not have it, report from the social services on the possibility of working abroad.

(i) Literary certification of the minutes of the Board for the Treatment of Establishment which reflect the agreement to initiate the file referred to in the preceding article, where, where appropriate, the supervisory judge shall be proposed to apply one or more of the rules of conduct provided for in the Article 105 of the Criminal Code.

Article 196. Conditional release of septuagenarians and terminally ill persons.

1. The supervisory judge shall be provided with the probation file for those sentenced who have reached the age of seventy years or who have served them during the expiry of the sentence. The dossier shall show compliance with the requirements laid down in the Spanish Criminal Codeexcept for three-quarters or, where applicable, two-thirds of the sentence or sentence.

2. The same system will be followed when, according to medical report, very serious patients with incurable conditions. Where medical services of the Centre consider that the conditions for granting parole for this cause are met, they shall bring it to the attention of the Treatment Board, by drawing up a medical report.

3. In both cases, the file shall contain the documents referred to in the preceding article, except those relating to point (h), together with a social report indicating, where appropriate, the admission of the prisoner by an institution or association where the latter does not have a connection or family support abroad. In the case of very serious patients with incurable conditions, the medical report proving the disease, as well as the seriousness and irreversibility of the disease, shall be included in the file. In the case of septuagenarians, the age of the prisoner shall be established by the certificate of birth of the prisoner or, failing that, by any means of proof admitted in law.

4. The Administration shall ensure that the convicted person is provided with external social support where he or she does not have it.

Article 197. Conditional release of foreigners.

1. In the case of foreign prisoners who are not legally resident in Spain or of Spaniards residing abroad, with the documented consent of the prisoner, his parole file shall be submitted to the supervisory judge requesting authorization for him to enjoy this situation in his country of residence, as well as the precautions to be taken, if necessary, to ensure that such freedom is effectively enjoyed in the country in question. To this end, and subject to the rule of international law, the competent authorities of the State of the country concerned may be requested to apply the measures for monitoring and monitoring conditional release provided for in its domestic legislation.

2. In order to be able to comply with the expulsion measure provided for in the Article 89 of the Criminal CodeIn good time, the Public Prosecutor's Office will be informed of the proposals for the conditional release of foreign convicts together with a brief summary of their criminal and prison situation, which will expressly state the dates of execution of two thirds and three quarters of their sentence or sentences.

Article 198. Referral to the Supervisory Court.

1. After completion of the case file, the Board of Treatment shall submit it to the Supervisory Judge, stating the certificates and reports necessary to prove the existence of the legal requirements and, where appropriate, a reasoned proposal for permission to be released on parole.

2. In any event, the probation file must be entered in the supervisory court before the required time of conviction has been served, otherwise the delay in its submission must be justified.

Article 199. Release.

1. Once a court decision to release a convicted person on parole has been received at the Establishment, the Director will then complete it by sending a copy to the Management Centre and reporting to the Treatment Board at the first session.

2. The Director of the Establishment shall issue the conditional release with a certificate certifying his or her status.

3. If the probation order is received before the expected date of completion, the release shall not be executed until the same day of completion.

4. If, during the period between the lifting and the date of performance, the sentenced person is found to be misbehavior, his prognosis is changed or any error or inaccuracy is discovered in the reports submitted to the file, the Director shall immediately inform the Supervisory Judge in order for him to adopt the relevant decision.

Article 200. Supervision of a person on conditional release.

1. For proper follow-up and control, those released on parole shall be attached to the Prison or Social Integration Centre closest to the home in which they are to reside.

2. The monitoring and control of those released on parole, until the full execution of the sentence or, where appropriate, until the revocation of parole, shall be carried out by the social prison services of the Centre to which they have been assigned, in accordance with the guidelines established by the relevant Treatment Board.

3. To this end, the Board of Treatment, as a follow-up to the model of intervention of convicted persons, will develop an individualized programme for the follow-up of those released on parole who are seconded to the Prison, which will be implemented by the social services of the Prison.

4. The rules of conduct imposed by the Supervisory Judge, if any, shall be incorporated into the programme referred to in the preceding paragraph.

5. Reports, as requested by the judicial authorities and the bodies responsible for monitoring and monitoring those released on parole, shall be made by the prison social services of the relevant centre.

Article 201. Causes of revocation.

1. The probation period shall last for as long as the person released fails to serve his or her sentence, provided that during the probation period he or she observes a behaviour that does not result in the revocation of the benefit and re-entry into the penitentiary establishment.

2. If during that period the person released commits a crime again or fails to comply with the rules of conduct imposed, if any, by the supervisory judge, the social services officer shall inform the latter, with the transmission of any information that may be useful, of the decision to revoke the probation.

3. In the event of a revocation, if the prisoner returns to prison, the ordinary regime shall apply to him until his classification is re-established by the Treatment Board.

CHAPTER II

Prison benefits

Article 202. Concept and classes.

1. For the purposes of this Regulation, prison benefits shall be understood to mean measures allowing the reduction of the length of the sentence imposed in final judgment or the actual length of detention.

2. Thus, prison benefits include the advance of parole and special pardon.

Article 203. Purpose.

The prison benefits meet the requirements of individualization of the sentence in view of the confluence of positive factors in the evolution of the prison, aimed at re-education and social reintegration as the main purpose of the custodial sentence.

Article 204. Proposal.

The proposal for prison benefits will in any case require a reasoned weighting of the factors that motivate it, as well as the accreditation of the attendance of good conduct, work, the participation of the person concerned in the re-education and social reintegration activities and the positive evolution in the reintegration process.

Article 205. Probation advance.

The Prison Treatment Boards may, subject to the issuance of an individualized and favourable prognosis for social reintegration, propose to the competent supervisory judge the advance of parole for convicted persons classified as third grade, provided that they have extinguished two thirds of their sentence or convictions and that they are entitled to such benefit for having observed good conduct and continued to carry out work, cultural or occupational activities, in accordance with the provisions of the Convention. Spanish Criminal Code.

Article 206. Individual pardon.

1. The Treatment Board may, on the proposal of the Technical Team, request from the Prison Supervision Judge the processing of a particular pardon, in the amount which the circumstances may require, for those convicted, on a continuous basis for a minimum period of two years and to a degree which may be considered extraordinary, each and every one of the following circumstances:

(a) Good conduct.

(b) Performing a normal work activity, either in the Establishment or abroad, which may be considered useful for their preparation for life at liberty.

(c) Participation in rehabilitation and social reintegration activities.

2. The processing of the pardon referred to in the preceding paragraph shall be governed by the provisions of the legislation in force on the exercise of the right of pardon and by the provisions supplementing or amending it.

TITLE IX

Of the Prison Administration benefits

CHAPTER I

Health Care and Hygiene

Section 1.a Health care

Article 207. Comprehensive assistance.

1. Health care will be comprehensive and aimed at both prevention and healing and rehabilitation. Special attention will be given to the prevention of communicable diseases.

2. To this end, the Prison Administration and the Health Administrations shall formalize the corresponding collaboration agreements in the field of public health and health care, which shall define the general criteria for coordination, protocols, plans and procedures, as well as the funding by the Prison Administration of assistance, by paying the proportional share, according to the prison population, of the appropriations set for these services, for which calculation shall take into account the number of inmates who are affiliated to the Social Security or who are entitled to free health care.

3. The Prison Administration shall pay to the competent Health Administrations the costs incurred by the necessary investments for the adaptation of the hospital facilities or consultations of the extra-penitentiary Hospital Centers for safety reasons.

Article 208. Health benefits.

1. All inmates without exception shall be guaranteed medical and health care equivalent to that provided to the population as a whole. They shall also be entitled to the pharmaceutical benefit and to the basic supplementary benefits resulting from this care.

2. Health benefits shall be guaranteed by means of their own or other means agreed upon by the competent prison administration and the relevant health authorities.

Article 209. Health care model.

1. Primary care:

1.1 Primary care shall be provided by means of the Prison Administration or other persons agreed upon by the Prison Administration. The prisons will have a primary health care team, which will be composed of at least one general practitioner, a nurse ' s diploma and a nurse ' s assistant. A psychiatrist and a stomatologist or dentist will also be available on a regular basis.

1.2 The Women ' s Centres will also have a regular gynaecologist and, when children live with their mothers, a pediatrician.

2. Specialized assistance:

2.1 Specialized assistance will preferably be ensured through the National Health System. Efforts will be made to ensure that those consultations with the highest demand are conducted within the establishments, in order to prevent the release of inmates.

2.2 Specialized hospital care shall be provided in hospitals designated by the health authority, except in cases of justified urgency, where it shall be carried out in the hospital closest to the penitentiary centre.

2.3 The conventions and protocols to be formalized, as provided for in Article 207(2), shall establish at least the conditions for access to assistance from external consultations, hospitalization and urgency, reflecting the scheduling of days and hours of outpatient care and the procedures to be followed for diagnostic tests.

3. The pharmaceutical and basic supplementary benefits shall be paid by the Prison Administration, except for medicines for hospital use and pharmaceutical products which are not marketed in Spain.

Article 210. Compulsory assistance in cases of vital emergency.

1. The medical and health treatment shall always be carried out with the informed consent of the inmate. Only when there is imminent danger to the life of the patient may treatment be imposed against the will of the person concerned, medical intervention being strictly necessary to try to save the patient's life and without prejudice to requesting the appropriate judicial authorization when necessary. The judicial authority shall be informed of these proceedings.

2. Medical-health intervention may also be performed without the patient's consent if failure to do so poses an obvious danger to the health or life of third persons. The judicial authority shall be informed of these proceedings.

3. Where the admission of an inmate to a hospital is required on an optional basis and the patient is not authorized, the Prison Administration shall apply to the competent judicial authority for the authorization of the admission of detainees, prisoners or convicted persons to a hospital, except in cases of emergency where the notification to that authority shall be made immediately thereafter.

Article 211. Medical research.

1. Inmates can only be the subject of medical investigations when they allow them to expect a direct and significant benefit for their health and with the same guarantees as those at large.

2. The ethical principles of research on human beings should be strictly applied, in particular with regard to informed consent and confidentiality. Any investigation carried out in prison must be subject to the approval of an ethics commission or any other procedure guaranteeing respect for these principles.

3. Inmates must be informed of the existence of epidemiological studies affecting them carried out in the prison in which they are held.

Article 212. Health equipment.

1. A Deputy Medical Director or Head of Medical Services will be in charge of the health team and will be under the immediate direction of the Director of the Establishment.

2. The association of foreign health personnel to prisons may be done both through agreements with other public administrations and through concerts with private entities or contracts for the provision of services, specific and specific unusual jobs or any other form of administrative recruitment. Their dedication will be based on the care needs of each Establishment.

3. Prisoners may request private medical services from professionals outside the penitentiary institutions at their own expense. The application shall be approved by the Steering Centre, except where security reasons suggest limiting this right.

Article 213. Infirmaries and other health facilities.

1. In the establishments there will be a place for nursing, equipped with the necessary material means to cover the medical-general assistance and with a capacity proportional to the actual number of inmates in the center. Nursing must also have the necessary instruments for the assistance of the most frequently required specialties. In addition, there will be an obstetrics unit in the women ' s departments to provide exceptional care for women in cases of childbirth. They shall also have rooms designed for the sanitary isolation of patients who so require.

2. All the facilities indicated shall be governed by the specific rules drawn up by the Board of Directors and approved by the Management Centre, on the proposal of the Health Unit of the Establishment, with exclusively medical criteria. The Prison Administration shall obtain from the competent health authorities the authorizations required for the operation of the health units, services or units that so require.

3. The prison health services shall be responsible for the hygiene control of the prison health units.

4. The custody of medicinal products whose ingestion without medical supervision represents a health risk shall be the responsibility of the prison health services, and the legal requirements must be met by the medical warehouses.

Article 214. Opening of the medical history.

1. All inmates, upon admission to the establishment, shall be examined by a doctor. Recognition will take place within the first 24 hours of admission.

2. The result shall be recorded in the Income Book and in the individual medical history to be open to all inmates.

Article 215. Confidentiality of clinical data and health information.

1. The data integrated into the individual medical history shall be confidential and must be properly archived and kept, being accessible only to authorized personnel.

2. In any event, inmates shall have the right to be informed in a clear and understandable manner of all matters relating to their state of health, as well as the issuance of such reports as they request.

Article 216. Communications with family members.

1. When an inmate is seriously ill, he or she shall immediately inform his or her relatives or relatives and, for visits, if he or she is unable to travel to the inn, one or two relatives or relatives shall be allowed to communicate with him or her in the infirmary of the Centre. Where safety reasons so advise, the visit may be subject to surveillance. The arrangements for such visits shall be agreed by the Director on the proposal of the doctor responsible.

2. If an inmate dies, the family shall be informed immediately, indicating the time and circumstances of death. The death shall also be communicated to the Steering Centre and the competent judicial authority, and the medical report and, if it has been carried out, the forensic or autopsy report shall be forwarded as soon as possible.

Article 217. Visits in extra-penitentiary hospitals.

Visits by relatives or relatives of prisoners held in an extra-penitentiary hospital shall be governed by the rules governing the operation of the relevant hospital centre, which must be carried out in the conditions and security measures established by those responsible for their custody, who shall be informed by the prison of the degree of danger of the patient.

Article 218. Consultation or admission to extra-penitentiary hospitals and custody of inmates.

1. When an inmate requires hospital admission, the doctor responsible for his assistance shall inform the Director of the Establishment, who, with the authorization of the Management Centre, shall arrange for the transfer to take place. In any event, medical report shall be accompanied.

2. Both the admission of detainees and prisoners to hospitals and the transfer of them for health reasons to another prison will be reported to the judicial authority that they are dependent on or to the prison supervision judge in the case of the convicted persons.

3. Where an inmate requires a medical consultation or diagnostic test in external health centres, the medical service shall inform the Director accordingly.

4. In cases where the transfer is to be made to private consultations or centres as a result of Article 212.3, or in other cases as determined by the Management Centre, prior communication to the Centre shall be required.

5. The supervision and custody of detainees, prisoners or convicts in non-prison health facilities shall be carried out exclusively by the competent State security forces and bodies.

6. It is for the authorities of these forces and bodies to lay down the conditions under which the supervision and custody shall be carried out, and in particular the identification of the persons to be admitted to the unit in which the prisoner is located, taking into account the provisions of this Regulation and the rules for the operation of the hospital, without prejudice to the privacy required by the health care.

7. No responsibility for the custody of inmates may be imposed on hospital staff, who shall assume exclusively the responsibilities of health care.

Article 219. Epidemiological measures.

1. In order to enable proper control of the incidence and prevalence of communicable diseases in prisons, collaboration agreements between the Prison Administration and the Health Administrations should provide for the implementation of plans and programmes of action on the most prevalent diseases.

2. When an outbreak of communicable disease is detected in a prison, it shall be communicated immediately to the competent health authorities and the Steering Centre. At the same time, appropriate measures shall be initiated to prevent the spread of such an outbreak and to treat those affected.

3. In accordance with the General Health Actwhen a prisoner with infectious diseases reaches final freedom, the Prison Administration shall inform the appropriate health authorities.

4. When the final release is a mentally ill person, it shall be communicated to the Public Prosecutor for appropriate purposes.

Article 220. Health and epidemiological information systems.

1. The Prison Administration must have systems of health information and epidemiological surveillance that allow it to know what diseases are prevalent among the prison population and the groups at greatest risk in order to adapt them and the assistance to the actual needs identified.

2. The Prison Administration and the competent Health Administrations shall establish protocols to ensure coordination with the information and epidemiological surveillance systems of the National Health System.

Section 2.a Hygiene and Feeding

Article 221. Hygiene measures.

To ensure the maintenance and improvement of health in prisons, the standards of cleanliness and hygiene established by the Management Centre shall be observed.

Article 222. Toilet lots.

At the time of admission, each inmate will receive the necessary items and products for daily personal hygiene, as well as condoms and personal and bed linen. These items will be replaced periodically.

Article 223. Prohibition of entry of perishable food.

For reasons of public health, perishable foods will not be allowed to enter through those channels that could alter their characteristics and compromise the health of consumers.

Article 224. Laundry.

A laundry service will be available in all correctional facilities and will be accessible to all inmates.

Article 225. Disinfection of prison facilities.

1. At the intervals determined by the health service, in accordance with the standards established by the Management Centre, the various units of each establishment shall be completely disinfected, disinfected and deratified. The monitoring and evaluation of campaigns will be the responsibility of the health services.

2. As a general rule, for hygienic reasons, animals shall not be allowed to be present in prisons or, in any case, in cells.

Article 226. Food.

1. In all prisons, prisoners shall be provided with a well-prepared diet, which must meet the dietary requirements of the prison population and the specificities of age, health, work, climate, customs and, to the extent possible, personal and religious convictions.

2. The feeding of the sick shall be subject to optional control.

3. In the centres where children are accompanied by their mothers, the necessary means shall be provided for the feeding of each child according to his/her needs, as directed by the medical service.

CHAPTER II

Prison social action

Article 227. Objectives.

Social action will be directed towards the solution of the problems encountered by prisoners and their families as a result of their imprisonment and will contribute to their comprehensive development.

Article 228. Benefits of public administrations.

The Prison Administration shall promote the coordination of prison social services with public social assistance networks and shall promote access by convicted persons classified as third grade and those released on parole and final terms and their families to the income of integration established by the different Autonomous Communities, as well as to the other social services and benefits of the Public Administrations.

Article 229. Prison social services.

1. The prison social services will assist persons who enter prison and draw up a social record for each prisoner, which will form part of their personal protocol.

2. The social workers, who will provide their services within and outside the penitentiary centre, will respond to requests made to them by inmates, those released on parole attached to the establishment and the families of each other.

3. The social services shall ensure that the documentation of inmates who are members of the social security system is kept up to date and shall take appropriate steps to ensure that the competent bodies recognise the right to free health care for eligible inmates.

4. The Steering Centre shall regulate the functioning of prison social services and their relations with the Treatment Board.

CHAPTER III

Religious assistance

Article 230. Religious freedom.

1. All inmates shall have the right to apply to a registered religious denomination for assistance provided that it is provided with respect for the rights of the remaining persons. A space for the practice of religious rites may be provided in the Centres.

2. No prisoner may be compelled to attend or participate in the acts of a religious denomination.

3. The Prison Authority shall make it possible for the faithful to respect the food, rites and holidays of their respective confessions, provided that the budgetary provisions, the safety and life of the Centre and the fundamental rights of the remaining inmates permit.

4. In all matters relating to the religious assistance of prisoners, the agreements signed by the Spanish State with the various religious denominations will be in accordance with the provisions of the agreements.

TITLE X

The disciplinary regime and rewards

CHAPTER I

Scope and principles

Article 231. Basis and scope.

1. The disciplinary regime for prisoners shall be designed to ensure security and good order of the law and to ensure an orderly coexistence, so as to encourage a sense of responsibility and self-control, as necessary budgets for the realization of the purposes of prison activity.

2. The disciplinary regime shall apply to all prisoners, with the exception provided for in article 188.4 of these Regulations, irrespective of their procedural and prison status, both within the prisons and during the authorized transfer, conduct or departure.

Article 232. Principles of disciplinary authority.

1. Disciplinary authority shall be exercised by the Disciplinary Commission, without prejudice to the powers of the Director for the imposition of penalties for minor offences, in accordance with the principles laid down in the Constitution and the General Prison Organization Act, as well as the Title IX of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and in these Regulations.

2. Under the terms of this Regulation, the penalties imposed may be reduced or revoked and, in the case of solitary confinement, their effectiveness may be suspended or their enforcement postponed.

3. Analogue application is prohibited.

4. Acts that could constitute an offence may also be disciplined where the basis of the sanction is security and good order. In such cases, in accordance with the provisions of the Section 284 of the Criminal Procedure Actthe facts shall be brought to the attention of the Public Prosecutor's Office and the competent judicial authority, after carrying out, where appropriate, any preventive measures deemed necessary.

CHAPTER II

Determination of sanctions

Article 233. Correlation of offences and penalties.

1. For the commission of very serious offences, as defined in Article 108 of the Prison Regulations approved by Royal Decree No. 1201/1981 of 8 May 1981the following penalties may be imposed:

(a) Punishment of solitary confinement for six to fourteen days, provided that there has been a manifest aggression or violence on the part of the prisoner or that the prisoner repeatedly and severely alters the normal coexistence of the Centre;

(b) Punishment of isolation for up to seven weekends.

2. For the commission of serious offences, as defined in Article 109 of the Prison Regulations approved by Royal Decree No. 1201/1981 of 8 May 1981the following penalties may be imposed:

(a) Penalty for solitary confinement from Monday to Friday for a period of five days or less, provided that the requirements of point (a) of the preceding paragraph are met.

(b) Any other serious misconduct shall be punishable by deprivation of exit permits for a period of two months or less, limitation of oral communications to the minimum period prescribed by regulation for a maximum of one month or deprivation of common walks and recreational activities from three days to a maximum of one month.

3. The minor offences defined in the Article 110 of the Prison Regulations approved by Royal Decree 1201/1981 of 8 May 1981may be corrected only by deprivation of common walks and recreational acts of up to three days' duration and with caution.

Article 234. Graduation of sanctions.

In each specific case, the determination of the penalty and its duration shall be carried out in view of the nature of the offence, the seriousness of the damage caused, the degree of execution of the acts, the guilt of the perpetrators and the degree of their participation in them, as well as the other concurrent circumstances.

Article 235. Repetition of the infringement.

1. In accordance with article 42.3 of the General Prison Organization Act, in cases of repetition of the offence, the penalties may be increased by half of their maximum.

2. For this purpose, there shall be a repetition of the offence where the prisoner responsible for disciplinary misconduct has previously been subjected to another or other final sanctions for serious or very serious offences and the corresponding entries in his file have not been cancelled.

Article 236. Infringement contest.

1. Any person guilty of two or more offences tried in the same case shall be liable to the corresponding penalties for simultaneous execution if possible and, if not, to the order of their respective gravity or duration.

2. In the latter case, the maximum compliance may never exceed the triplet of the time corresponding to the most severe penalty, or forty-two consecutive days in case of solitary confinement.

3. Where, in the case of the successive execution of solitary confinement, they exceed, as a whole, the fourteen days of solitary confinement, they must be approved by the Prison Supervision Judge, in accordance with article 76.2 (d) of the General Prison Organization Act.

4. Where the same act constitutes two or more offences or where one of them constitutes a necessary means for the commission of another, the penalty corresponding to the most serious offence shall be applied within its maximum limit, unless the sum of the penalties applicable independently to the offences committed is less severe, in which case the penalties shall be applied.

Article 237. Continued infringement.

1. The carrying out of a plurality of actions or omissions that violate the same or such precept, in execution of a pre-conceived plan or taking the same opportunity, shall be punishable as a continuous infringement.

2. In such cases, the penalty for the most serious offence shall be imposed within its maximum limit.

Article 238. Depot of prohibited objects and substances.

With regard to prohibited substances and objects used by those responsible for disciplinary offences in the commission of offences, as referred to in Articles 51 and 70 of this Regulation, this shall be done.

Article 239. Reparation for material damage caused.

Compensation for damage or material damage caused by those responsible for disciplinary offences, as well as compensation to the injured persons, shall be payable to those persons using the appropriate legal procedure.

CHAPTER III

Procedure

Article 240. Procedure.

Procedures for the imposition of penalties for disciplinary offences shall be in accordance with the following articles.

Section 1a Initiation

Article 241. Forms of initiation and prior information.

1. Where the Director of the Establishment finds evidence of conduct likely to give rise to disciplinary responsibility, he shall, ex officio and on grounds, agree to initiate the sanctioning procedure in any of the following ways:

(a) On his own initiative, when he becomes aware of the existence of conduct or acts likely to constitute a disciplinary offence through a part of the official informed by the Chief of Services or by any other means.

(b) At a reasoned request made by another administrative body which is not superior.

(c) By written complaint of an identified person who expresses the account of the facts that may constitute an offence, the date of their commission and as much as possible for the identification of the alleged perpetrators.

2. The Director shall also ex officio agree to initiate proceedings as a result of an order issued by a higher administrative body.

3. In order to clarify the facts which may be determining disciplinary responsibility, the Director may agree to the opening of prior information, which shall be carried out by an official of the Establishment designated by the Director, who shall submit to him a report with the result and assessment of the proceedings carried out. Such prior information shall be agreed upon provided that an inmate lodges a complaint of acts liable to disciplinary sanctions, except where the latter is manifestly unfounded.

Section 2a Instruction

Article 242. Appointment of Instructor and Statement of Objections.

1. The Director shall appoint an Instructor as he deems appropriate, excluding the person who has practised the previous information and those who may be involved in the facts.

2. The Instructor of the disciplinary case shall, in the light of the evidence drawn from the pleadings referred to in the preceding article, make statements of objections addressed to the prisoner whose conduct is alleged to constitute disciplinary misconduct, which shall state:

(a) Identification of the person charged.

(b) Form of initiation of proceedings.

(c) Identification number of the Instructor and job he/she occupies.

(d) The competent authority for the resolution of the case and the rule conferring on it such competence.

(e) Circumstantial account of the acts charged.

(f) Legal classification of such acts, indicating the specific paragraph of the article of the Prison Regulations approved by Royal Decree 1201/1981 of 8 May 1981where they may be covered, as well as the penalties which, where appropriate, could be imposed with the same indication of the applicable provision of that Regulation.

(g) Interim measures agreed upon, without prejudice to those that may be taken during the proceedings in accordance with article 243.

(h) Indication that the prisoner has three working days from the moment of receipt to submit written statements of defence or to appear before the Instructor and to make oral arguments, without prejudice to the right of the detainee to submit arguments and to provide documents and other evidence for trial at any time during the proceedings prior to the hearing. The prisoner may plead whatever he deems appropriate on the charges brought, proposing such evidence as he deems appropriate for his defence.

(i) Indication that the prisoner may be advised by counsel, official or any person he or she may designate during the processing of the file and for the drafting of the statement of defence.

(j) The possibility of attending an official or an intern as an interpreter in the case of a foreign prisoner who does not know Spanish.

(k) Date and signature of the Instructor of the file.

Article 243. Interim measures.

1. The Director may, within the scope of the powers conferred on him by this Regulation, either on his own initiative or on the proposal of the Instructor of the disciplinary case, at any time in the proceedings, by reasoned agreement, agree on such precautionary measures as may be necessary to ensure the effectiveness of the decision which may be taken and the proper outcome of the proceedings, as well as to prevent the continuation of the effects of the infringement.

2. These measures shall be reflected in the prisoner's file and shall be in accordance with the intensity, proportionality and needs of the objectives to be guaranteed in each particular case, and their adoption shall be notified to the prisoner and brought to the attention of the Prison Supervision Judge.

3. Where appropriate, protective measures shall also be taken to secure the person of the accused or other detainees.

4. Where the penalty, if any, coincides in nature with the precautionary measure imposed, it shall be paid in order to comply with the penalty.

Article 244. Processing.

1. Having given notice of the statement of objections referred to in Article 242, the Instructor shall carry out ex officio all the proceedings necessary for the examination of the facts and shall collect such information and reports as he deems necessary.

2. Within 10 days of the submission of the statement of defence or the oral formalisation of claims, or after the period provided for in Article 242(2), (h), if the prisoner has not exercised his or her right, the relevant evidence proposed by him or her and such evidence as the Instructor considers appropriate shall be carried out.

3. If any evidence proposed by the inmate is deemed inappropriate or unnecessary, the Instructor shall so expressly state in a reasoned agreement. Only evidence which cannot alter the final decision of the procedure or which is impossible to carry out may be declared inadmissible.

4. The procedure shall be followed and immediately before the motion for a resolution is drawn up, the person concerned shall be made known to allege or submit such documents and justifications as he deems appropriate within 10 days. The hearing shall be deemed to have been conducted if before the expiry of the time limit the prisoner expresses his decision not to make any arguments or to provide new documents or justifications.

Article 245. Proposal by the Instructor.

Upon completion of the processing of the file, the Instructor shall make a motion for a resolution and forward it together with the Instructor to the Disciplinary Commission for agreement as appropriate, notifying the inmate of the proposal with an indication of his right to make oral representations to the Commission at its first meeting.

Section 3.a Resolution

Article 246. Resolution.

1. The Disciplinary Commission shall, at its first ordinary session or at its special session convened for that purpose, hear oral allegations made by the prisoner, and thereafter declare the non-existence of an offence or liability or impose a reasoned sanction for the acts declared proven.

2. The agreement shall be made within a maximum period of three months from the commencement of the disciplinary procedure. The disciplinary procedure shall be deemed to have expired and the proceedings shall be closed, either ex officio or at the request of the person concerned, if, after the expiry of the period laid down in this subparagraph for the purpose of making a decision or, in the case of the abbreviated procedure, the time limit referred to in Article 251.1, it is not adopted within the following 30 days, provided that the delay is not attributable to the person concerned, and where during the proceedings the release of the alleged offender is due to the final or provisional release of the person concerned.

3. The Instructor of the file may not participate in the deliberations of the Disciplinary Commission or take part in the voting on the files he has instructed. Members of the aforementioned body who, if they had participated in the events or had engaged in decisive proceedings for the initiation of the disciplinary case, are also excluded from the proceedings.

4. Before making a decision, the Disciplinary Commission may decide to conduct the proceedings and additional evidence necessary to resolve the proceedings by the Instructor. In this case, before resubmitting the file to the Disciplinary Commission, the Instructor shall disclose to the prisoner the action taken and shall provide him with a copy of the new proposal, indicating the right to claim that it relates to article 245.

Article 247. Penalty agreement.

The sanctioning agreement shall contain:

(a) The place and date of the agreement.

(b) Adopting body.

(c) The number of the disciplinary file and a brief summary of the basic procedural acts that preceded it. In the event that the practice of any evidence has been rejected, the reasons given by the Instructor shall be expressed in due course.

(d) A circumstantial account of the facts charged to the prisoner, which may not be different from those set forth in the statement of objections made by the Instructor, irrespective of whether their legal status may vary. If the Disciplinary Commission finds that the conduct of the alleged offender has been wrongly characterized and this implies the imposition of a penalty for more serious misconduct than that charged to it in the statement of objections, it shall order the Instructor to formulate a new statement of objections with the qualification determined by the Disciplinary Commission, with the procedure provided for in article 244.4. Exceptionally, the Instructor may agree to the practice of new evidence when it is essential for the defence of the prisoner against the new qualification.

(e) Article and paragraph of the Prison Regulations approved by Royal Decree 1201/1981 of 8 May 1981, in which the fault committed is estimated to have been understood.

(f) Punishment imposed and article of the Prison Regulations adopted by Royal Decree 1201/1981 of 8 May 1981which provides for it and whether it is immediately enforceable in accordance with the first paragraph of Article 124 of that Regulation.

(g) Whether the execution of the solitary confinement has been postponed for medical reasons or whether its effectiveness has been suspended.

(h) Indication of whether the sanctioning agreement has been adopted unanimously or by a majority, indicating in the latter case whether or not there have been individual votes.

(i) Mention of the action which may be brought in the form set out in point (b) of the following Article.

(j) The signature of the Secretary of the Disciplinary Commission with the approval of the Director.

Article 248. Notification.

Notification of the sanctioning agreement shall be made on the same day or on the following day when it is adopted, giving full reading of it and giving copies to the convicted prisoner containing the following:

(a) Full text of the agreement.

(b) Indication that an appeal may be lodged with the supervisory judge orally in the same act of notification or in writing within five working days of notification, where the appellant repeats, where appropriate, the proposal for evidence the practice of which he has been denied.

(c) Date of notification and delivery to the intern.

Article 249. Resources.

On the same day, either the notification of the sanctioning agreement if the appeal had been lodged at that time, or the delivery of the appeal letter to the staff member of the Establishment if it were within office hours, or the following day if it had been made outside that time, the Director of the Establishment shall forward the disciplinary file to the Supervisory Judge, taking into account the provisions of the following article. If the appeal has been lodged directly with the Supervisory Court, the Director shall complete the foregoing on the same day as the person holding the supervisory body shall request it to do so.

Article 250. Annotation.

1. The initiation of the procedure and the penalty shall be recorded in the personal file of the convicted prisoners.

2. The reduction or revocation of the penalty shall also be recorded, as shall the suspension of the effectiveness or postponement of the execution of the solitary confinement penalties.

Section 4a Procedure for minor offences

Article 251. Procedure abbreviated.

1. Where the Director considers that there is sufficient evidence to qualify the offence as a minor offence, the abbreviated procedure shall be processed, which shall be resolved within a maximum period of one month of the commencement of the proceedings, in accordance with the following rules:

(a) The part of the staff member, which shall operate as statement of objections, shall be communicated to the Chief of Services and simultaneously notified to the alleged offender.

(b) Within 10 days of the communication and notification of the statement of objections, the Chief of Services and the expedient prisoner shall, respectively, make the submission of any allegations, documents or information they deem appropriate and, where appropriate, the proposal and practice of the evidence.

(c) After that period, the Director shall issue a decision, with the content of article 247, imposing, where appropriate, the appropriate penalty.

2. Where the Chief of Services finds that the facts may constitute a very serious or serious infringement, he shall agree that the case shall continue to be dealt with in the general procedure, promoting compliance with the provisions of Articles 242 to 245.

3. The agreement referred to in the preceding paragraph shall be notified to interested parties so that, within five working days, they may allege and propose additional evidence if they deem it appropriate.

CHAPTER IV

Implementation and enforcement of sanctions

Article 252. Effects of the sanctioning agreement.

1. The sanctioning agreements shall not be enforceable until the appeal lodged by the prisoner with the supervisory judge has been resolved or, if it has not been lodged, until the time limit for their challenge has elapsed.

2. However, in accordance with article 44.3 of the General Penal Correction Organization Act, in the case of acts of serious indiscipline, and the Disciplinary Commission considers that the enforcement of the penalty cannot be delayed, the sanctions imposed shall be immediately carried out, provided that they correspond to the acts of serious indiscipline as defined in points (a), (b), (c), (d), (e) and (f) of the Criminal Code. Article 108 of the Prison Regulations approved by Royal Decree No. 1201/1981 of 8 May 1981.

3. The prisoner may appeal to the supervisory judge, regardless of the action taken. The processing of the complaint and the appeal shall be urgent and preferential when the penalty of immediate execution imposed is solitary confinement, in which case the supervisory judge shall be notified immediately.

Article 253. Enforcement of solitary confinement.

1. The penalties for solitary confinement in a cell of more than fourteen days shall in no case be enforceable until it is approved by the Supervisory Judge.

2. However, in the cases provided for in Article 236(3), the Disciplinary Commission may agree to the immediate enforcement of solitary confinement penalties, the cumulative duration of which shall not exceed fourteen days, provided that the requirements of paragraph 2 of the previous Article are met and without prejudice to the fact that all sanctions imposed must be approved by the Supervisory Judge.

Article 254. Enforcement of solitary confinement sanctions.

1. The solitary confinement shall be carried out with the prior report and examination of the Doctor of the Establishment, who shall monitor the prisoner daily while in this situation, informing the Director of his physical and mental health and, if necessary, of the need to suspend or modify the sanction imposed.

2. In cases of illness of the sentenced person, the effectiveness of the isolation penalty shall be postponed until the prisoner is discharged.

3. This penalty shall not apply to pregnant women and women until six months after the termination of pregnancy, to nursing mothers and to those with children with them.

4. The isolation shall be carried out in the compartment normally occupied by the inmate, and, if he shares it with others or for his own safety or for the good order of the Establishment, he shall move to an individual of such measures and conditions.

5. The prisoner held in a cell shall enjoy two hours a day of solo walk and, during the execution of the penalty, shall not receive packages from outside or purchase products from the Economato, except those expressly authorized by the Director.

Article 255. Suspension of the effectiveness of solitary confinement.

1. Pursuant to article 43.2 of the General Organization of Prisons Act, the Disciplinary Commission may, on its own initiative or on the proposal of the Treatment Board, decide on the grounds that the isolation sanctions imposed may be suspended in accordance with the circumstances.

2. If the Disciplinary Commission, in view of the purposes of re-education and social reintegration or the personal circumstances of the prisoner, has not considered it appropriate to lift the suspension of effectiveness for a period of three months, ex officio or at the request of the prisoner, it shall apply the reduction of the penalty provided for in the following Article The period of suspension of the effectiveness of the isolation penalty shall be calculated for the purpose of cancelling the reduced penalty.

3. The suspension of the effectiveness of solitary confinement penalties, which have been confirmed in whole or in part, directly or through appeal, by the Supervisory Judge shall require the latter's authorization.

Article 256. Reduction and revocation of sanctions.

1. Pursuant to article 42.6 of the General Organization of Prisons Act, the penalties imposed and their cancellation periods may be reduced, taking into account the aims of re-education and social reintegration, by a reasoned decision of the Disciplinary Commission, ex officio or on the proposal of the Treatment Board. The reduction shall consist in the reduction of the severity of the penalty imposed.

2. Where an error is made in the application of a sanction which has not been appealed to the Supervisory Judge, the Disciplinary Commission shall re-qualify the offence, provided that it does not entail a penalty higher than that imposed, reducing or replacing it or, if no penalty is applied, revoke it immediately by lifting the penalty and automatically cancelling its entry.

3. The revocation or reduction of penalties may not be carried out without the authorization of the Supervisory Judge when the latter has intervened in its imposition, directly or by appeal.

Article 257. I pay the time of improperly executed sanctions.

The time served on a penalty subsequently revoked or reduced in the cases provided for in paragraph 2 of the preceding Article or as a result of an appeal estimated in whole or in part may be taken into account for subsequent enforcement of other sanctions, provided that they have been imposed by actions or omissions also prior to such revocation or reduction.

CHAPTER V

Prescription and cancellation

Article 258. Periods of limitation for infringements and penalties.

1. Very serious disciplinary offences shall be prescribed at the age of three, serious at the age of two and minor at the age of six months from the date on which the offence was committed.

2. The statute of limitations for offences shall be interrupted after the proceedings have been initiated with the knowledge of the person concerned, and the calculation of the limitation periods shall be renewed if the disciplinary file is paralysed for more than one month for reasons not attributable to the alleged offender.

3. Penalties imposed for very serious and serious offences shall be imposed within the same time limits as those laid down in paragraph 1 and for minor offences within one year, which shall begin to run from the day following the day on which the sanctioning agreement becomes administratively final or, where appropriate, after the suspension of execution or suspension of effectiveness has been lifted or after the penalty has been suspended if it has already begun.

Article 259. Auto-extinction of sanctions.

When an inmate returns to a prison, the penalty or sanctions imposed on a previous income and which have been totally or partially breached by the provisional or final release of the inmate shall automatically be declared extinguished, even if the prescribed time limits for the prescription have not elapsed.

Article 260. Cancellation of annotations relating to sanctions.

1. The records of disciplinary sanctions in the prisoners' personal files shall be cancelled, ex officio or at the request of a party, where the following requirements are met:

(a) Six months for very serious offences, three months for serious offences and one month for minor offences, to be counted from the time of the execution of the penalty;

(b) During such periods, the prisoner has not committed any serious or serious new disciplinary offence.

2. The records of automatically extinguished disciplinary sanctions referred to in the preceding article shall also be cancelled, ex officio or at the request of a party, at the time of release for provisional or final release of the prisoner.

3. Where two or more offences are punishable by the same administrative act or their cancellation periods run simultaneously, the calculation shall be made jointly, the date of the most recent penalty being fixed as the date of commencement and the period of the most serious of the offences to be cancelled shall be taken as the duration of the period, after which all outstanding entries shall be cancelled in a single act.

4. In cases of non-compliance with the penalty for medical or other reasons not attributable to the prisoner, the cancellation periods shall begin to run from the date on which the penalty may have been met. Furthermore, in the cases of Article 257, the period of cancellation shall begin to be counted from the date on which the penalty was served, by the payment of penalties rectified by appeal or reduced or revoked in accordance with the provisions of this Regulation.

5. Such time limits shall not be interrupted by the lodging of an appeal against a new disciplinary sanction, the above being cancelled if their cancellation periods lapse before the appeal becomes final.

Article 261. Reduction of cancellation deadlines.

Cancellation periods may be shortened by up to half their duration if, after the penalty and before the expiry of those periods, the prisoner receives any reward as provided for in Article 263 of this Regulation.

Article 262. Effects of cancellation.

The cancellation of the penalties is accompanied by the cancellation of the offences for which they were imposed and will place the prisoner, from a disciplinary point of view, in the same situation as if he had not committed them.

CHAPTER VI

Rewards

Article 263. Rewards.

Acts showing good conduct, a spirit of work and a sense of responsibility in the behaviour of inmates, as well as positive participation in statutory or other partnership activities organized in the Establishment, shall be encouraged with one of the following rewards:

(a) Additional special and extraordinary communications.

(b) Scholarships for study, donation of books and other instruments for participation in the cultural and recreational activities of the Centre.

(c) Priority in participation in planned outings for cultural activities.

(d) Reductions in sanctions imposed.

(e) Cash awards.

(f) Worthy notes.

(g) Any other reward of a similar nature to the previous one that is not incompatible with the regulatory precepts.

Article 264. Grant and endorsement.

1. In each specific case, the reward awarded and its amount, if any, shall be determined by the Disciplinary Commission of the Centre, taking into account the nature of the merits assumed and any other objective or subjective circumstances that demonstrate the exemplary character of the conduct rewarded.

2. The award of rewards shall be entered in the personal file of the prisoner, expressing the facts which gave rise to it, and shall be issued to the certificate certifying the reward if requested.

TITLE XI

Organization of the Prisons

CHAPTER I

Organizational model of the prison

Article 265. Structure.

1. The following collegiate bodies shall exist in each penitentiary establishment:

(a) Board of Directors.

(b) Treatment Board, which shall have at its disposal, as study, proposal and implementation units, the necessary Technical Equipment or Equipment.

(c) Disciplinary Commission.

(d) Economic and Administrative Board.

2. The coordination functions between the different collegiate bodies are the responsibility of the Director of the Establishment.

3. The Autonomous Communities with executive powers in prison matters may, by virtue of their power of self-organization, establish the collegiate and single-person bodies they deem appropriate to order the management of the prisons under their control.

4. Only the Board of Directors, whose composition shall be determined by the rules for the implementation of these Regulations, the Economic and Administrative Board and the necessary multidisciplinary teams, shall exist in psychiatric hospitals.

5. Where the needs or the job coverage in a prison do not allow the membership of the different collegiate bodies as determined in the following Chapter to be achieved, the composition of the collegiate bodies shall be adapted to the same or to the places of employment existing in the establishment as determined by the rules for the implementation of this Regulation.

6. The Social Integration Centres may be integrated organically and functionally into a prison or be considered an autonomous prison. The Prison Administration shall determine in the Order establishing each Social Integration Centre its membership in a penitentiary centre or its consideration as an autonomous prison, as well as the corresponding bodies.

Article 266. Effectiveness of agreements.

1. The effectiveness of the agreements of the collegiate bodies of the Establishment, with the exception of those adopted by the Disciplinary Commission, will be delayed until approval by the Director of the Centre. In the event that their assessment is negative because they consider that the agreements adopted seriously damage the regime of the Centre or violate the legislation, the Prison Regulations or the circulars, instructions or orders of service issued by the governing bodies of the corresponding Prison Administration, they will continue without effect until the higher approval, if any, of the Steering Centre.

2. Agreements of the collegiate bodies which have been confirmed in whole or in part by the Prison Supervision Judge, directly or through appeal, may not delay their effectiveness, be revoked or annulled by administrative decision.

Article 267. Legal status of the collegiate bodies.

1. The rules governing the functioning of the collegial bodies shall be in accordance with the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, without prejudice to the organizational peculiarities of the Autonomous Communities with executive powers in prison matters.

2. The collegial bodies of the prisons shall be integrated into the hierarchical structure of the prison administration concerned, and the final agreements adopted by them may be subject to regular appeal to the management centre, excluding those which have become effective by the higher approval of the management centre, except where, in accordance with the provisions of the General Prison Organization Act, these are proposals the decision or approval of which is the responsibility of the supervisory judge or the disciplinary sanctions of the inmates, whose challenge shall be made directly to the prison supervision judge.

3. Members of the collegiate bodies of prisons may not abstain from voting, although they may cast individual votes which shall be incorporated into the agreement adopted.

4. The votes of the President, who shall be elected in the event of a tie, and of the members of the collegiate bodies of the prisons are personal and indelible.

5. Members of collegial bodies may not participate in their deliberations or votes in legal or regulatory cases of abstention or, where appropriate, of challenge.

6. In order to be exempt from liability, where appropriate, members of the collegial bodies must vote against the majority agreement.

Article 268. Sessions.

1. The Board of Directors shall meet in regular session once a month and in extraordinary session whenever deemed necessary by its President or the Steering Centre.

2. The Treatment Boards or equivalent collegial body shall meet in regular session once a month, unless they do so more regularly in accordance with the characteristics of the establishment and the order of the matters to be dealt with, subject to the approval of the Management Board of the Centre and communication to the Steering Centre. The Treatment Boards or equivalent collegial body shall meet in extraordinary session as often as the President deems necessary.

3. The Disciplinary Commission shall meet in regular session four times a month and in extraordinary session as the Chairperson deems necessary.

4. The Economic and Administrative Board shall meet in regular session once a quarter and in extraordinary session as often as its President deems necessary.

5. Attendance at meetings of all the collegiate bodies of the Prison Centre shall be compulsory.

6. Where the required quorum is not reached, the President shall issue a new call within 48 hours.

Paragraph 2 is amended by Article 5 of Royal Decree 419/2011 of 25 March. Ref. BOE-A-2011-5463.

Article 269. Substitutions.

1. As set out in the Chapter II of Title II of Law 30/1992in the event of a vacancy, absence or illness and, in general, in the event of a justified cause, the regime for the replacement of the President, the Registrar and members of the collegiate bodies of the prisons shall be governed by the following rules:

1.a The President shall be replaced by the member of the collegial body of higher hierarchy, seniority and age, by this order, from among its members, without prejudice to the provisions of the following paragraph and to the provisions for the Economic and Administrative Board in Article 2783.

2.a The replacement of the Registrar shall be made by appointment of the President among the staff members assigned to the Establishment.

2. When members of any of the collegial bodies established in this Chapter are present, the heads of the governing bodies of the Prison Administration or an official designated for that purpose by the State Secretariat for Prison Affairs shall assume the presidency of the latter.

CHAPTER II

Collegiate bodies

Section 1.a Management Board

Article 270. Composition.

1. The Board of Directors of each penitentiary establishment shall be chaired by the Director of the penitentiary centre and shall consist of the following members:

(a) The Deputy Director of the Scheme.

(b) The Deputy Director of Security.

(c) The Deputy Director of Treatment.

(d) The Deputy Medical Director or Chief of Medical Services.

(e) The Deputy Director of Personnel, if any.

(f) The Administrator.

(g) The Deputy Director or Deputy Director of Social Integration Centres.

2. As Secretary of the Board of Directors, the official designated by the Director shall act, with a voice but without a vote, among the officials assigned to the Establishment.

Paragraph 1 (g) is added by Article 6 of Royal Decree 419/2011 of 25 March. Ref. BOE-A-2011-5463.

Article 271. Functions.

1. The Board of Directors, without prejudice to the powers of the Steering Centre and the Director of the Establishment, is responsible for promoting and monitoring the actions of the other organs of the Prison Centre and shall have the following functions:

(a) To monitor and promote the general activities of the penitentiary centre.

(b) To develop the internal regulations of the prison for approval by the Steering Centre.

(c) To take all necessary general measures in cases of disruption of the order of the Centre, immediately reporting to the Steering Centre.

(d) To establish the number of technical teams of the prison and to determine its organization, operation and composition in accordance with the rules for the implementation of these Regulations.

(e) Identifying the posts required by the needs of the Establishment in accordance with the rules for the implementation of these Regulations.

(f) Set the days on which inmates can communicate and set the times for special communications and receipt and collection of parcels and orders, as well as for ordinary counts.

(g) To determine the areas of participation of inmates in the activities of the Centre and to exercise the powers conferred upon it by this Regulation in the process of electing representatives of inmates, as well as to suspend or render ineffective participation in the cases of regime changes provided for in this Regulation.

(h) To exercise the other powers conferred upon it by this Regulation and its implementing rules and, in general, all those affecting the establishment regime which are not assigned to other bodies.

2. The Secretary of the Board of Directors shall transmit to the Steering Centre monthly copies of the minutes of the meetings held in the previous month.

Section 2a Treatment Board and technical equipment

Article 272. Composition.

1. The Boarde Treatment or equivalent collegial body shall be chaired by the Director of the Correctional Centre and composed of the following members:

(a) The Deputy Director of Treatment or Deputy Chief Director of Treatment Team in the independent Social Integration Centres.

(b) The Deputy Medical Director or Chief of Medical Services.

(c) The Deputy Director of the Centre for Social Integration in the Social Integration Centres.

(d) Technical staff of penitentiary institutions who have intervened, where appropriate, in the proposals on which they are discussed.

(e) A social worker, who has intervened on the proposals on which it is discussed.

(f) An educator or coordinator of the Social Integration Centre who has intervened in the proposals

(g) A Chief of Services, preferably one who has intervened in the proposals.

2. As Secretary of the Treatment Board and the Technical Team, a staff member of the Centre appointed by the Deputy Director of Treatment shall act, with voice but without vote.

3. In general, treatment board agreements will be adopted on proposals put forward by the Technical Teams for the adoption of the necessary measures to implement individualized treatment programmes or programmes of implementation, and will be implemented by the Technical Teams, under the immediate and direct control of the Chiefs of those Teams.

4. The deliberations of the Treatment Board shall be confidential and shall be kept secret by its members.

5. A copy of the minutes of the meetings held in the previous month by the Treatment Board shall be sent to the Management Centre within the first five days of each month.

Paragraph 1 is amended by Article 7 of Royal Decree 419/2011 of 25 March. Ref. BOE-A-2011-5463.

Paragraph 1 (e) is amended by final provision 1 of Royal Decree 515/2005 of 6 May. Ref. BOE-A-2005-7426

Paragraph 1(d) is repealed by the single derogation provision.2.b) of Royal Decree 1203/1999 of 9 July. Ref. BOE-A-1999-15848

Article 273. Functions.

The Treatment Board, without prejudice to the functions of the Steering Centre and the Technical Team, shall perform the following functions:

(a) To establish individual treatment programmes or models of prison execution for each inmate of the Centre, defining the activities to be carried out according to the peculiarities of his personality and the approximate length of his sentence or sentence.

(b) Monitor the implementation of the activities programmed by the Technical Team, distributing them, depending on their nature, to the members of the Team, who will execute them in accordance with the techniques specific to their specialty and under the immediate control of the Team Leader.

(c) Propose to the Steering Centre the application of article 10 of the General Organization of Prisons Act to convicted persons and remand prisoners in cases covered by the above-mentioned Regulations, prior to the mandatory reports of the Chief of Services and the Technical Team.

(d) To formulate, on the basis of the scientific study of the personality of the convicted persons and of the available data and information, reasoned proposals for initial classification and destination to the relevant establishment, to be submitted to the Steering Centre within 10 days.

(e) Propose to the Management Centre, in a reasoned report, the progression or regression of degree and, exceptionally, the transfer to another Prison. The transfer may also be reasonably proposed where there are reasons for treatment that so advise.

(f) To adopt such agreements as it deems appropriate regarding requests and complaints from inmates to the Technical Teams regarding their classification, treatment or intervention programme.

(g) To grant exit prison permits, following a report by the Technical Team, requesting the authorization of the Supervisory Judge or the Steering Centre, as appropriate.

(h) Raise the proposals that, with regard to prison benefits and parole, are attributed to them.

(i) To organize the execution of the care benefits specified by inmates or their families, to encourage the work activities of inmates, to ensure that they are carried out in accordance with the rules in force, and to organize, by internal separation units, the procedures for appointing inmates who are to participate in educational, training, labour, sociocultural, recreational, sports or religious activities or responsibilities.

(j) To provide the Teaching Unit with assessments of the skills of inmates conducting training courses, as well as other information contained in the protocol that may be useful to it in the programming and execution of training or educational tasks.

(k) Designate inmates to perform personal benefits in the establishment ' s common auxiliary services.

(l) To suggest to the Disciplinary Commission the reduction, postponement or suspension of the effectiveness of disciplinary sanctions, which may disrupt the treatment or study of the person concerned, as well as the reduction of the time limits for cancellation where there are reasonable grounds to expect that this measure may have a positive impact on treatment.

(m) To transmit the reports referred to in article 39 of the General Prison Organization Act.

(n) To form and maintain the protocol applicable to each prisoner, incorporating the information and documents referred to in the different paragraphs of this article.

(o) To exercise all other powers conferred upon it by this Regulation or its implementing rules and, in general, those relating to the observation, classification and treatment of inmates who are not assigned to other bodies.

Article 274. Composition of the Technical Team.

1. The Technical Team shall act under the immediate direction of the Deputy Director of Treatment.

2. The following may be part of the Technical Team:

(a) A jurist.

(b) A psychologist.

(c) A Pedagogue.

(d) A sociologist.

(e) One doctor.

(f) A Technical Assistant in Health/University Diploma in Nursing.

(g) (Repealed)

(h) A teacher or workshop manager.

(i) An Educator.

(j) A Social Worker.

(k) A Sociocultural or Sports Monitor.

(l) A Department Officer.

3. Depending on the characteristics of the establishment, the number of inmates and the number of public prison employees, the Board of Directors of the prison shall determine the number of technical teams of the prison establishment and its organization, operation and composition in accordance with the rules for the implementation of this Regulation.

4. The Technical Teams shall adopt different compositions depending on the matters to be dealt with, and it should be noted that, in informal meetings held, prison professionals who, as part of the Team, work in direct contact with the inmates concerned are always present.

Paragraph 2(g) is repealed by the single derogation provision.2.b) of Royal Decree 1203/1999 of 9 July. Ref. BOE-A-1999-15848

Article 275. Functions.

The Technical Team shall perform the following functions:

(a) Implement individual treatment programmes or models of prison intervention to be established for each inmate by the Treatment Board.

(b) Direct knowledge of the problems and demands of inmates.

(c) Propose to the Treatment Board the necessary measures to overcome the shortcomings of inmates.

(d) To respond to requests and complaints from inmates regarding their classification, treatment or intervention programme.

(e) To evaluate the objectives achieved in the implementation of treatment programmes or prison intervention models and to report the results of the evaluation to the Treatment Board.

(f) Carry out any specific actions entrusted to them by the Treatment Board or the Director of the Centre.

(g) Where vocational training workshops or schools exist in the penitentiary, to carry out the tasks of vocational guidance and selection, pedagogical or psychological counselling of vocational training, as well as to ensure, through appropriate techniques, the personal and collective integration of inmates into work and work guidance.

(h) To exercise the other powers conferred upon it by this Regulation and its implementing rules.

Section 3.a Disciplinary commission

Article 276. Composition.

1. The Disciplinary Commission shall be chaired by the Director of the Centre and composed of the following members:

(a) The Deputy Director of the Scheme.

(b) The Deputy Director of Security.

(c) A Jurist of the Establishment.

(d) One Chief of Services.

(e) A staff member of the prison.

2. The members of paragraphs (d) and (e) shall be elected annually by the civil servants of the prison, in a manner to be determined by a decision of the management centre.

3. As Secretary of the Disciplinary Commission, a staff member appointed by the Director from among those assigned to the prison shall act with a voice but without a vote.

Article 277. Functions.

1. The Disciplinary Commission is responsible for exercising disciplinary powers in the manner regulated in Title X of these Regulations and for agreeing to award rewards to inmates, without prejudice to the Director ' s competence to impose penalties for minor offences and the powers of the Supervisory Judges.

2. The functions of the Disciplinary Commission are as follows:

(a) To resolve disciplinary cases brought before prisoners for the commission of very serious or serious offences, and to order, where it deems necessary, the conduct of additional proceedings and evidence by the Instructor.

(b) Order the Secretary of the Commission to notify the sanctioning agreements in the form and within the time limits set out in these Regulations.

(c) To order the personal records of prisoners who have been issued with the initiation of disciplinary proceedings and, where appropriate, of the penalties imposed, and the cancellation of the annotations when the requirements of these Regulations are met.

(d) To agree on the immediate enforcement of sanctions imposed by the commission of very serious offences under the conditions laid down in these Regulations.

(e) Suspend, when circumstances so require, the effectiveness of the solitary confinement sanctions imposed, as well as, in cases of illness of the sentenced person, defer the execution of the solitary confinement sanctions and lift the suspension when the prisoner is discharged or deemed appropriate.

(f) To reduce or revoke the penalties imposed under the conditions and conditions laid down in this Regulation, without prejudice to the authorization of the Supervisory Judge in cases where the latter has intervened in the imposition of the penalty, directly or through appeal.

(g) To award the rewards provided for in these Regulations, determining, where appropriate, their amount and ordering the entry of their award in the personal file of the prisoner rewarded.

(h) To exercise the remaining powers set out in Title X of these Regulations which are not expressly conferred on the Director of the Establishment or the Instructor of the disciplinary case.

Section 4a Economic and administrative board

Article 278. Composition.

1. The Economic and Administrative Board shall be chaired by the Director of the Centre and shall consist of the following members:

(a) The Administrator.

(b) The Deputy Medical Director or Chief of Medical Services.

(c) The Deputy Director of Personnel, if any.

(d) The Coordinator of Occupational Training and Production or the Coordinator of Social Services, when convened by the Director.

(e) A jurist from the centre.

2. As Secretary of the Economic-Administrative Board, the staff member designated by the Director from among those assigned to the Establishment shall act, with a voice but without a vote.

3. The Deputy Director of the Presidency of the Economic and Administrative Board shall be the Administrator of the prison.

Article 279. Functions.

The Economic and Administrative Board, without prejudice to the powers of the management centre and the Director of the Establishment, is the collegial body responsible for the supervision of the management of personnel, economic and administrative, budgetary and accounting functions of the Establishment and shall perform the following functions:

(a) The analysis and approval of the proposed requirements for the operation of the prison.

(b) Monitoring and control of the accounting system.

(c) Reporting to the management centre.

(d) The adoption of the economic and budgetary management decisions set out in these Regulations and their implementing rules.

(e) Decision-making by delegation of the management centre on personnel matters, as well as on the economic and administrative management of the Autonomous Labour Agency and prison benefits that may be delegated to it by the Agency.

(f) Monitoring and control of the expenditure and budgetary execution of the prison in the manner determined by the management centre.

(g) To exercise the other powers conferred upon it by this Regulation and its implementing rules and, in general, those which affect the economic and administrative regime of the penitentiary institution and which are not assigned to other bodies.

CHAPTER III

Single-person bodies

Article 280. The Director.

1. The Director of a prison is responsible for the management centre and the collegial bodies of the establishment which he presides over, and is obliged, first of all, to comply with and enforce the laws, regulations and provisions in general and especially those which refer to the service.

2. The Director is responsible for:

1. To direct, coordinate and supervise the implementation of the guidelines of the management centre concerning the organization of the different treatment, regime, health, personnel and economic-administrative management services, as well as to inspect and correct any misdemeanours observed therein.

2.a To represent the prison in its relations with authorities, centres, entities or individuals, by signing the documents that come out of it and by giving approval or consent to all other documents to be issued by the other officials, except when, with the authorization of the management centre, it may delegate this function to the Deputy Directors and Administrator.

3.a To convene and preside over the collegial bodies regulated in Chapter II of this Title, to approve their agreements to be effective and to implement them, and to delay their effectiveness until the higher approval, if any, of the management centre, as provided for in Article 266 of these Regulations.

4.a With regard to civil servants assigned to the centre:

(a) To organize and assign the various services.

(b) Transfer of any provisions or decisions affecting the service.

(c) Issue certifications and make appropriate reports regarding the performance of civil servants assigned to the prison.

(d) To ensure compliance with its obligations and to inform the management centre of any acts or actions that may be worthy of reward or constitute disciplinary misconduct.

(e) Grouping into a job, performed by a single staff member, tasks or tasks assigned to two or more units or posts, or adding a specific task to the tasks of the unit or posts, and, where necessary, temporarily assigning two or more units to a single staff member, taking into account the coordination needs of the different posts or units and the actual workloads assigned to them.

5.a Take the necessary urgent regulatory measures to prevent and, where appropriate, resolve any individual or collective disruption of order in the centre, immediately reporting to the management centre.

6. To adopt, in the event of acts or proceedings of prisoners presumed to be disciplinary offences, such precautionary measures as may be necessary until final agreement is reached.

7.a To order, subject to the approval or order of the judicial authority and in accordance with the provisions of Chapter II of Title II of these Regulations, the release of detainees, prisoners and convicted persons.

8.a Monitor the books of accounts, authorize cash payments and the extraction of funds from the Bank.

9.a Decide on the internal separation of prisoners taking into account the background and circumstances of each in accordance with Article 99 of this Regulation.

10.a To authorize, in a regulatory manner, communications, visits, departures from abroad and conducts by inmates.

11.a Have the necessary means to immediately communicate to the next of kin or to the person designated by the prisoner, in cases of death, illness or serious accident thereof.

12.a To authorize, subject to approval by the judicial authority or the management centre, the departure and movement of inmates to the family home or hospital in the cases provided for in article 47 of the General Organization of Prisons Act, without prejudice to the functions of the Board of Treatment.

13.a Assume the representation of the Autonomous Labour and Prison Benefits Agency, with the function of directing and supervising its activities in the centre in accordance with the instructions issued by the governing bodies of the said autonomous body.

14.a Ensure that circulars, instructions and service orders issued by the management centre are disseminated in the prison.

15.a Carry out all tasks or duties assigned to it by the management centre in connection with its functions as the head of the prison.

Article 281. Deputy directors.

The Deputy Directors and the Administrator are responsible for the organization and regular management of the services assigned to them by their posts, under the direction and supervision of the Director, and must also perform the functions entrusted to them by the Director, in accordance with their instructions.

Article 282. Administrator.

The Administrator shall have the rank of Deputy Director, with the rights and obligations inherent therein, and shall have, inter alia, the following functions:

(a) To direct the administrative services of the Establishment, without prejudice to the supervision of the Director.

(b) Extend the bank accounts of the prison together with the joint signature of the Director or his alternate.

(c) To take care, together with the Director, of the quality and cost of the goods and services intended for the penitentiary, in accordance with the instructions of the management centre.

(d) Carry out transfers of cash balances in the established assumptions.

(e) To render the accounts to the competent bodies with the Director ' s visa and the report of the Economic and Administrative Board.

Article 283. Chief of Services.

The Chief of Services is responsible for coordinating the monitoring area services under the direction and supervision of the centre ' s command and will, accordingly, take the necessary measures provisionally to maintain order and the proper functioning of the services, reporting them to the Director.

Article 284. Replacement.

1. In the event of a vacancy, absence or illness of the Director, the management centre shall, by reasoned decision, appoint its alternate from among the Deputy Directors of the prison.

2. In the event of a vacancy, absence or illness of the Administrator, and where no alternate is appointed by the organ competent for his appointment, the Director shall make an express decision appointing an alternate of the latter among the officials assigned to the Centre, who shall exercise all his functions except those of the following article.

Article 285. Incidents arising during implementation.

1. The Directors, Deputy Directors and Administrators shall, without prejudice to their respective working hours, hold incident shifts every day of the year, including Sundays and public holidays.

2. The Deputy Directors and Administrators who are in the turn of events shall assume all the powers of the Director regulated in the first article of this chapter, in the absence of the latter, and shall report to the Director as soon as possible on the actions carried out in the exercise of those powers.

Article 286. Staff schedules.

1. Prison officers, given the nature of their duties, shall serve on a specific schedule.

2. For exceptional and justified needs, prison officers may be required to serve longer than those generally established for other staff members, and in such cases they must be compensated with equal number of hours off as soon as the needs of the service permit, or paid by means of legally established supplements.

TITLE XII

The economic and administrative regime of prisons

CHAPTER I

General principles

Article 287. Scope.

The rules concerning the economic and administrative management of prisons contained in this Title shall apply only to the Autonomous Communities with powers to implement State prison legislation as a substitute law, without prejudice to the basic State legislation which, by other titles of competence, is applicable in this area.

Article 288. Purpose of economic and administrative management.

The purpose of economic and administrative management in all prisons is to optimize the financial and material resources made available to the prison administration for the effective and efficient accomplishment of the functions assigned in this Regulation to carry out the prison activity.

Article 289. Special situations.

The Director of the Prison Establishment shall, as soon as he becomes aware of a decision taken that violates the regulations in force, proceed in accordance with the provisions of article 266.1 of these Regulations and take the necessary measures to minimise the damage to public interests, reporting to the management centre.

Article 290. Expenditure obligations.

No decision may be taken by any prison institution involving commitments of expenditure above the appropriations allocated to it or which modify the allocation of expenditure or the procedure established for its execution.

Article 291. Projected needs.

The Director of the Prisons Centre, once informed by the Economic and Administrative Board, shall send to the State Secretariat for Prison Affairs, before 1 April of each calendar year, the forecast of budgetary requirements for the following financial year, which shall be duly justified on the basis of the criteria set by the Ministry of Economy and Finance.

Article 292. Nature of the resources and applicable legislation.

The economic resources allocated and managed by the penitentiary establishments have the nature of public resources, to which the current budgetary, contractual, accounting or patrimonial regulations for the public administrations will apply.

Article 293. Administrative services.

1. The administrative services of the correctional facilities are directly under the authority of the centre ' s administrator.

2. Any economic-administrative act or decision of a penitentiary establishment shall be proposed by the administrator and authorized by the director of the prison, except in cases where this regulation or its implementing rules expressly provide for another procedure.

Article 294. Bank accounts.

1. The movement of funds from bank accounts opened in the name of prisons shall require compliance with the regulations issued by the Directorate-General for the Treasury and Financial Policy of the Ministry of Economy and Finance, requiring in any case the joint signature of the Director and the Administrator of the Establishment or, where appropriate, of the alternate of either.

2. The Directorate-General for Prison Administration shall have the power to process the Treasury and Financial Policy for authorization to open such accounts.

CHAPTER II

Property regime

Article 295. Inventories of correctional facilities.

1. Prisons shall maintain a system of inventories that allows accurate and up-to-date information on movable property allocated for the performance of their duties at all times. The respective discharges or losses of movable property that occur shall be entered in the inventory by the competent body, through the appropriate receipt or disposal records.

2. The management centre shall determine the types of inventory that must be kept continuously up to date by any penitentiary establishment, as well as the documents and periodicity with which they should be submitted for the preparation of the general inventory of movable property of the State Secretariat for Prison Affairs.

3. The Directorate-General for Prison Administration shall be the competent body for the processing of the procedure for donations of goods made by public authorities or by public or private institutions to correctional establishments, which may not be accepted without the prior and express authorization of the management centre.

4. Where the disposal of movable property is necessary, the Directorate-General for Prison Administration shall be requested to obtain appropriate authorization from the Director of the Prison Establishment.

Article 296. Special cases involving the opening or closing of prisons.

In special cases of opening or closing prisons, subsequent property management procedures will be initiated on the basis of the respective opening or closing inventories signed by the Director and Administrator of the establishment.

Article 297. Prisons for distribution.

Where a prison is a supply warehouse, it shall maintain a special inventory system which will allow it to know at all times the distribution of products to other establishments and the levels of products in reserve.

CHAPTER III

Management of commissaries, cafeterias and kitchens

Article 298. Economical service.

The commissaries of correctional facilities are a service provided by the penitentiary institution to inmates, which allows for a system of purchasing products of a complementary nature to those provided by the prison administration itself.

Article 299. Coffee service.

The cafeteria service may be provided in the correctional facilities to staff of the establishment, as well as to outside guard staff, to whom they provide any service related to the prison and visits of any kind.

Article 300. Management systems.

1. The commissary, kitchen and cafeteria services may be managed by:

(a) The prison administration itself.

(b) The Autonomous Labour Agency and Prison Benefits, using the productive workshop formula.

(c) External companies awarded by administrative service contract.

2. When the management of the commissary or cafeteria services is carried out by the Autonomous Labour Agency and Prison Benefits, they will adopt the nature of productive workshop. The profits obtained shall be borne by the said autonomous body.

3. In the event that the Autonomous Agency for Labour and Prison Benefits manages the kitchen service through the production workshop formula, the provision of food for the preparation of the rationings will be carried out under the responsibility of the said agency.

4. Where the commissary or cafeteria services are managed by the prison administration itself or by an outside company, the profits generated for the prison administration shall be entered into the Public Treasury for subsequent incorporation, through generations of credit, into those budgetary concepts of the prison administration's expenditure budget that best contribute to the fulfilment of the purposes of the penitentiary activity set out in Article 2 of this Regulation. In the case of management by the Prison Administration itself, benefits shall be defined as benefits obtained after the expenses incurred in the purchase of gender, rewards to inmates and depreciation of stocks.

Article 301. Payment systems in the commissary.

1. The use of legal tender money by inmates is prohibited, except in open establishments or in exceptional situations duly authorized by the management centre. The internal rules of each prison shall make it compulsory for inmates to make purchases in establishments by means of a value card, magnetic card, microchip card or similar system.

2. The technical requirements of the system established for purchases shall be set by the management centre.

3. The management centre shall establish the regulatory rules for each of the procurement systems indicated above.

4. When the prisoner is released, is granted leave to leave or is transferred to another prison, the purchase card of which he is the holder shall be exchanged for the amount in cash.

Article 302. Regulation of services.

1. Regulatory rules for each of the planned management systems shall be established by the management centre.

2. The updated list of products and commissary prices must be displayed to the prison population at the office window where the products are distributed.

3. The updated list of products and prices of the cafeteria shall be displayed in a place visible to users, within the premises used for the cafeteria.

Article 303. Products authorized for sale in commissaries.

1. The following products may be shipped to the commissary:

(a) Eatables not requiring cooking.

(b) Tobacco.

(c) Underwear and outerwear.

(d) Personal toiletries.

(e) As many other goods or products as prisoners require, provided that they are not prohibited by the rules of the internal regime of the facility and, in general, provided that their use and consumption does not entail a risk to the proper regimental functioning of the establishment.

2. Under no circumstances may any type of alcoholic beverages or pharmaceutical products be sold in the commissary.

Article 304. Other services in favour of the intern.

If necessary, as assessed by the Department of the Centre, it may be authorized, upon request of the prisoner, to purchase abroad at the prisoner ' s expense any authorized product not available in the commissary. The procedure for such acquisitions shall be determined by the State Secretariat for Prison Affairs.

Article 305. Nature of the services of commissary, cafeteria and kitchen.

1. Where the commissary, cafeteria or kitchen is managed by the prison administration itself, the benefits to be provided by inmates in auxiliary or mechanical services shall in no case have the nature of a special employment relationship, without prejudice to the rewards and prison benefits that may be granted to them.

2. Where the commissary, cafeteria or kitchen is managed by the Autonomous Labour and Prison Benefits Agency through the production workshop formula, the auxiliary or mechanical services of the same services performed by the inmates shall have the nature of a special prison employment relationship.

3. Where the commissary, cafeteria or kitchen is managed by an external undertaking awarded the service, no inmate may perform auxiliary or mechanical services there, except where the economic proposal of the successful undertaking expressly contains the provision for the joint employment of interns, in which case all business obligations arising from the contract of employment shall be met by the successful undertaking.

Article 306. Actions against the interests of the commissary, cafeteria and kitchen.

Where an inmate removes funds or effects from the commissary, cafeteria or kitchen or intentionally causes the deterioration of his products, he shall be separated from those services and shall be required to bear appropriate financial responsibility, without prejudice to any disciplinary or criminal liability he may have incurred.

CHAPTER IV

Economic and administrative management of food expenditure

Article 307. Reasons for rationing.

1. The inmates shall receive a ration according to their time of entry and departure from the penitentiary establishment, ensuring that the charge of the expenditure is clearly individualized for each penitentiary establishment, without the possibility of double charging rationing in the case of transfer in any case.

2. Nursing rations involving an increase in common rationing should be accredited by the doctor and the prison administrator.

3. The costs of food, stay and treatment incurred by inmates in dependent units or extra-penitentiary units may be compensated by the Prison Administration in the manner determined by the rules implementing this Regulation.

Article 308. Values of rationings and hygienic batches.

1. The values of food rations per day and place of internment shall be fixed annually by a decision of the Ministry of State for Prison Affairs, distinguishing at least the following categories:

(a) Healthy inmates.

(b) Young inmates.

(c) Nursing ratio.

These values may be different for the different prisons depending on the grouping established exclusively for this purpose.

2. The composition of the personal hygiene facilities to be provided to inmates in correctional facilities shall also be determined annually by decision of the Secretariat of State.

Article 309. Accounting monitoring of food expenditure.

Food expenditure shall be subject to special accounting monitoring, in the formats and periodicity determined by the management centre. Such costs shall be referred to the Economic and Administrative Board of the Establishment for its consideration and report.

Article 310. Reception of goods for the preparation of the rationing.

1. In the event that the kitchen management is carried out directly by the prison administration, the food service official will receive the goods for the preparation of the meals according to the rationing, checking the quality and weight of the items.

2. The Doctor of the Establishment shall verify the health status of the items supplied and shall determine those which, for that reason, must be disposed of.

Article 311. Give up food ration.

If any prisoner renounces his ration, it shall be for the benefit of others, not of a particular person, without any compensation being due for such a waiver.

Article 312. Food expenditure management systems.

Where cooking is managed directly by the Prison Administration, the purchase of food products may be carried out by the Prison Establishment or by the central services, using suppliers outside the Administration itself, through payments to justify, fixed cash advances or administrative procurement files.

CHAPTER V

Cost-effective management of the clothing, equipment and equipment of inmates

Article 313. Endowment.

1. The appropriate prison administration management centre shall provide, within its budgetary resources, all prisons under its control with the necessary clothing, equipment and utensils for prisoners of both sexes. The composition of the wardrobe will be determined by resolution of the corresponding management center, taking into account the climatic conditions of the different seasons of the year and the different typologies and geographical locations of the Establishments.

2. In addition, male and female prisoners shall be provided with appropriate clothing to carry out their work.

3. Children placed with their mothers will also have adequate clothing.

4. Equipment for beds, personal toilets and intimate hygiene and meal utensils shall be determined by a decision of the State Secretariat for Prison Affairs or equivalent autonomous body.

Article 314. Replacement periods.

1. The minimum duration of each of the garments, footwear and equipment shall be determined by the relevant management centre.

2. The Establishments will justify in the costume states the high and low of the garments.

3. The minimum time limits for use shall not be fixed, but the directors of the prisons shall in each case request the appropriate authorization of the management centre to withdraw the effects which are rendered useless by the use and to be able to carry out the corresponding replacements of material.

Article 315. Disposal of non-inventible material.

Devices and decommissioned effects shall be disposed of in accordance with the rules issued by the relevant management centre. The sale will be recorded and your product will be entered in the Public Treasury.

Article 316. Toilet lots.

1. The prison establishments shall request monthly, depending on the forecast of the existing internal population and its personal and prison characteristics, the need for hygienic batches.

2. Monthly, inventory of these products will be sent to the management center where the number of hygienic lots distributed between the internal population and the remaining ones awaiting distribution from the previous month is collected.

CHAPTER VI

Custody of valuables of inmates

Article 317. Custody of money, jewelry, jewelry and other valuables.

Except in open establishments, inmates shall not have any money or securities in their possession representing them or valuables. They will be involved when entering according to the following rules:

1.a Valuable items shall be kept by the Deputy Director of Security in the cash register of the Establishment or in a safe place and the money shall be kept by the Administrator. The prisoner will be given an individual sheet of peculium account, started with the quantities collected from him, and will be issued the vouchers that prove the deposit of the valuables.

2.a Inmates may authorize any person to take charge of the proceedings and, in such a case, the surrender shall be made on the basis of the justification of their personality, and must sign with the Deputy Director of Security or the Administrator, as appropriate, the diligence of the surrender. They may also authorise the making, where appropriate, of legitimate securities representing money.

3.a The provisions of the preceding rule shall not be complied with where there are doubts as to the legitimate provenance of the money or valuables involved and the competent authority shall be informed of the retention for the purpose of resolving the matter.

4.a Where the money consists of currency or banknotes that may or should be the subject of official intervention, the relevant legislation shall be complied with, without prejudice to securing it in the cash register as any other value and to providing the prisoner with a sufficiently expressive receipt of the amounts and effects deposited, but shall not be given entry into the free-disposition money.

5.a Where the judicial authority arranges for the intervention of all or part of the money of an inmate, the amounts indicated in the corresponding order shall be frozen and made available to that authority for the appropriate purpose, all of which shall be communicated to the person concerned.

Article 318. Transfer of material.

1. Any prisoner who is transferred to another prison establishment shall have the right to have his personal belongings transferred by the prison administration for a weight that may never exceed 25 kilograms, and the prisoner shall be responsible for the transfer of any material exceeding the prescribed weight.

2. For exceptional cases of prisoners without financial means, the Economic and Administrative Board of the Prison Establishment will consider the possible measures to be taken, which must be approved by the management centre.

CHAPTER VII

Prisoner ' s peculiar

Article 319. Establishment of the individual fund or accounts of livestock.

1. The cash fund shall be set up with the amounts held by the prisoners upon their admission to the establishment and with those subsequently received for any reason of legitimate origin.

2. These funds may be managed by the prison administration or by cooperating financial institutions, by agreement with the prison administration, as individual bank accounts opened for each prisoner.

3. The management centre shall establish the rules governing the accounting information of the fund to be provided by the prisons and its periodicity, as well as the accounts to be submitted by the financial institutions involved.

Article 320. Accounting monitoring.

1. If the management of the fund is carried out by the Prison Administration, each participant in the fund will be provided with a personal sheet on which the income in his name will be recorded and the weekly authorized withdrawals, with expression of the balance, data that will be in accordance with the corresponding items in the general book of money maintained by the Administration.

2. If the management of cash is carried out by a financial institution, each inmate shall have a card or similar which shall contain the data referred to in the preceding paragraph.

3. The management centre shall establish the rules for monthly monitoring of the balances of the cash fund in each penitentiary establishment and their corresponding interest balances.

Article 321. Use of the free-range peculium.

With the free-at-law peculium, inmates may:

(a) To meet the expenses that are permitted to them, requesting and receiving from the Administration a reasonable amount to be determined by the management centre on the basis of security and order of the Establishment.

(b) Order transfers to his family or other persons, with the authorization of the Administrator of the Establishment.

Article 322. Transfers from the peculium fund.

1. When an inmate is released, he or she shall be paid the balance of his or her money or the bank card, as well as the valuables that the Administration has in store, subject to the presentation of the appropriate receipts.

2. In case of transfer of the prisoner to another Establishment, he will be given a prudential amount in cash, of his peculium, for his expenses. The remainder will be forwarded by the Administrator of the Establishment of origin to the destination or, if the money is managed by a financial institution, the account will be transferred to the destination. The valuables deposited with the Administration will be delivered to you against the presentation of the corresponding receipt.

Article 323. Peculius of the deceased.

The peculium of deceased prisoners shall be handed over to the first heir of the prisoner who so requests, against whom the remaining members of the hereditary community may repeat, if necessary.

Article 324. Interest on the funds of funds of funds of money.

1. In the case of individual financial bank accounts opened for each inmate, the interest and expenditure generated, in accordance with the rules applicable to those accounts, shall be passed on to them.

2. If the funds of money are managed by the Prison Administration, the interests generated by the fund account of money will be entered in the Public Treasury for subsequent incorporation, through generations of credit, to those budgetary concepts of the budget of expenses of the Prison Administration that best contribute to the fulfilment of the purposes of the penitentiary activity established in Article 2 of these Regulations.

CHAPTER VIII

Rules relating to self-employment and prison benefits

Article 325. Economic and administrative management of the Autonomous Labour Agency and Prison Benefits.

1. The economic, administrative and property management carried out in prisons concerning the Autonomous Labour Organization and Prison Benefits shall be governed by its own regulations and, failing that, by the provisions of this Regulation and its implementing rules which are directly applicable.

2. Expenditures and payments arising from obligations of the autonomous body to be carried out in prisons shall be incurred by those who have recognized competence to perform them in each institution.