Life in prison: security regulations, activities, links with the outside world

Rules and regulations In each prison, a doctor determines the rights and duties of the inmates. It is available at the hotel's media library.

The main provisions are set out in a guide to the rights and duties of the detained person postponed upon arrival. Rules and regulations If the inmate does not know how to read French, the language must be read to him in his original language, with the help of an interpreter if necessary.

Full searches of detainees should only be carried out if pat-downs or the use of electronic detection means are insufficient.

There shall be no internal bodily investigations unless they are justified by a specially justified imperative. In this case, it is necessary to call on a doctor outside the prison, designated by the judicial authority.

Full-entrance excavation

For security reasons, inmates who access the penitentiary are routinely subjected to a full search. Except for those who had remained under constant surveillance by prison officials or law enforcement.

Full search justified by the inmate's behavior

The conduct of an inmate may warrant full searches in any of the following circumstances:

• The prisoner is suspected of having committed an offense in prison
• The inmate's behavior endangers the safety of persons and the maintenance of good order in the institution.

The searches must not be permanent and systematic, but must be tailored to the inmate's personality and the institution's security objective.

They may nevertheless be carried out systematically where the requirements of public order and the constraints of the public prison service so require. In this case, the head of the institution must make a decision for a maximum period of three months, renewable after a new examination of the detainee's situation.

Full search justified by entry of contraband

Full searches may be carried out on prisoners who are not personally implicated, where there are serious grounds for suspecting the introduction into the prison:

• of prohibited articles or substances

• or objects which constitute a threat to the safety of persons or property.

Such searches must be strictly necessary and proportionate. They must be specially reasoned and the subject of a detailed report sent to the prosecutor of the territorially competent Republic and to the prison administration.

An incarcerated person has the right to maintain family ties. The fact that he receives visits from people outside the prison allows him to enjoy this right.

Right of access

The detained person is entitled to receive visits at least 3 times a week.

However, the investigating judge may take a measure prohibiting him from communicating with the outside world. In this case, visits are prohibited, even for the family, but there is an exception for the lawyer who can continue to meet the detainee.

Application for a visiting permit

Anyone visiting an inmate must obtain a visiting permit. To obtain it, the cerfa form n°13960*02 must be completed.

Application for a visiting permit (prison)

The request must be sent by post to the investigating judge in charge of the case, with the following documents:

• Completed form
• Documentary evidence of his or her relationship or situation
• Photocopy of an ID
• 2 photos less than 3 months old,
• Envelope postage at the current rate with your name and address

The decision of the investigating judge is notified to the person who applied for the permit. On the expiry of a period of one month from the date of detention, in the event of refusal, the investigating judge shall issue a reasoned decision which may be appealed to the President of the Investigating Chamber.

A minor under the age of 16 who visits someone in prison must have the authorization of a holder of parental authority. He must be accompanied by an adult, who is himself the holder of a visiting permit.

Minors over the age of 16 may come without an accompanying person if the holders of parental authority have given their written consent and if the visit concerns their father or mother.

Permits are issued

• permanently (until final conviction)
• or for a limited number of visits.

Conduct of the visit

Visits generally take place in a visiting room without a separation device.

Visitors are screened (ID, metal detector) and must deposit their personal belongings in a deposit box. He can bring some objects (linen, books...) whose list is to be requested from the establishment.

During the visit, the supervisor is not required to be physically present, but must be able to hear the conversations.

The visitor must speak in French or in a language that the supervisor can understand. Otherwise, prior written authorization is required from the investigating judge. The application must be made at the same time as the visitor's permit.

Visits may also take place without continuous and direct supervision by the prison administration when they take place within the framework of the

• family choruses (lasting no more than 6 hours during the day)
• or family living units (up to 72 hours).

Any incident involving a visitor may result in the suspension or revocation of the visitor's permit.

Right of access of the president

The president of the bar or his specially appointed representative in the council of the order are allowed to visit places of deprivation of liberty at any time:

• Premises in police custody (police station, gendarmerie)
• Customs restraint rooms
• Administrative detention facilities (detention center for illegal foreigners),
• Waiting areas (airport, port ...)

Upon arrival in prison, the inmate receives a mail kit (paper, envelope, stamp and pencil).

He is authorized to write daily and without limitation to any person of his choice and to receive letters from any person.

Correspondence may be translated and checked by the head of the establishment. The mail remains confidential when it is intended for certain persons: lawyer, interregional director of the prison services, comptroller-general of places of deprivation of liberty, chaplain of the institution...

The investigating judge, the public prosecutor or the public prosecutor may, however, order a general ban on communicating with the outside world for a maximum of 20 days, or oppose written communication with one or more named addressees.

This prohibition does not apply to letters sent by the detained person to his lawyer.

Reasons must be given for the decision and the person concerned must be notified by any means without delay.

It may be the subject of a written appeal to the President of the Investigating Chamber, who must give a decision within one month in writing, stating the reasons on which it is based, but not subject to appeal.

Authorization to make telephone calls

Access to the telephone is fixed by the hotel's rules.

Detainees may make a call free of charge in the first hours of detention. They can call the Red Cross Listen Detained (Cred) and the Association reflexion action prison and justice (Arapej) free of charge.

Detainees may call family members and others at their own expense to prepare their defense or social reintegration.

Calls must be made from prison phones. Mobile phones are prohibited.

However, the investigating judge may order a ban on communicating with the outside world for up to 20 days. This prohibition does not apply to the detainee's appeals to his or her lawyer. The investigating judge may then refuse, suspend or withdraw the authorization to make a telephone call by means of a reasoned decision, subject to appeal.

Call Control

Telephone conversations, with the exception of those with lawyers, the Comptroller General of Places of Deprivation of Liberty, Cred and Arapej, may be:

• Listened to,
• Saved,
• Interrupted by supervisors

The person who is detained can receive money in prison. She can also send money from prison.

Receiving money

The detainee may receive money from relatives in prison.

The shipment must be made only by bank transfer. The inmate's account is credited 2 to 4 working days after the transfer. This period is reduced if the transfers are regular.

If you wish to receive a transfer from a relative, you must send them the following:

• RIB of the prison (to be requested from the prison's personal accounts board)
• Your nut number
• Your identity (first and last name)

The person making the transfer must indicate in the "optional" or "free" field of the transfer the reason for the dispatch.

The transfer will be rejected by the prison administration if some of the above information is missing, incomplete, illegible or false.

In the event of rejection, the transfer shall be returned to the person who made it.

For more information, you can contact the prison's personal accounts board.

Sending money

The detainee can send money to relatives outside the prison. The shipment must be made only by bank transfer.

The sending procedure is explained to the inmate upon arrival at the institution.

Allocation of money in case of escape

If a detainee escapes, the prison’s administrator of personal accounts must transfer his or her available money to the judiciary, so that it can be used to compensate victims.

If there is a balance left after the victims have been compensated, the administrator must pay it to the public treasury.

The balance transferred to the public treasury may be repaid to the available part of the registered account of the detained person, if it is taken over.

In order to obtain such restitution, the detained person must apply to the interregional director of prison services at the place of escape.

If the application is accepted, the decision is notified to the detained person and to the administrator. The latter will then repay the sum to his registered account.

If the escaped detainee does not return at the end of a period of 1 year, the administrator must pay the sums that are in his registered account to the public treasury. He must also hand over his personal items to the Domain Administration.

Unless deprived by disciplinary action, any prisoner may purchase a variety of additional items or goods from the canteen. The prices charged in the canteen must be made known to the inmates.

Holders of a visiting permit or persons authorized by the head of establishment may send money by bank transfer. To do this, they must contact the prison concerned and indicate the identity and the nut number of the inmate in order to have the account number to which the transfer is sent.

Postal warrants may be sent to inmates by visiting permit holders or persons authorized by the head of institution. The warrant must be mailed to the prison, indicating the identity and the nut number of the inmate.

The prison services will take care of collecting the money for the inmate.

Holders of a visiting permit or persons authorized by the head of establishment may also send money by bank transfer. To do this, they must contact the prison concerned and indicate the identity and the nut number of the inmate in order to have the account number to which the transfer is sent.

Media Library

Each establishment has at least one media library with direct and regular access.

Publications are made available free of charge to detainees.

Inmates can exchange their personal books with each other.

Sports activities

A program of sports activities is organized in each establishment.

Every prisoner must be able to practice physical and sporting activities among those offered by his institution, except for reasons of security, discipline or medical contraindication.

The time reserved for sports can be attributed to the walking time.

Inmate participation

Any prisoner may be involved in the organization and facilitation of activities under the supervision of the Prison Service for Integration and Probation.

Restrictions

The investigative judge may, however, restrict such activities and prohibit contact with other detainees.

Device

Since December 26, 2019, designated prison officers may be authorized to wear individual cameras in the following situations:

• Conduct of a mission in contact with dangerous detainees
• Fear of incident or escape.

Officers can use cameras to record when an incident occurs or when they believe there is a risk of an incident.

Agents concerned

Officers appointed by the head of the prison, the interregional director of the prison services or the director of the prison administration may wear cameras.

Working with images

Images can only be used for:

• prevent incidents and escapes,
• to establish infringements and to enable the perpetrators to be prosecuted
• and train prison officials.

Records cannot be accessed remotely in real time, but only at the end of the intervention and after they have been transferred to a secure computer medium.

The only people authorized to view and transfer the images are:

• the head of the prison, the interregional director of the prison service and the director of the prison service and their deputies
• and the prison officers they have appointed to carry out this task

The recordings may be used by the following persons in the course of their duties:

• Judicial police officers and officers of the national police and the national gendarmerie
• Members of the General Inspectorate of Justice
• Ministry of Justice staff responsible for handling administrative appeals and litigation on behalf of the Ministry, where such appeals and litigation relate to facts which have given rise or may have given rise to registration
• Personnel involved in exercising disciplinary authority over staff
• Persons involved in the exercise of disciplinary authority over prisoners
• Staff responsible for training staff and developing teaching materials.

The convicted person may seek legal redress if he or she considers that he or she is being held in poor conditions.

Competent judge

The judge competent to examine the appeal for poor conditions of detention is the Judge of Liberties and Detention (JLD).

The appeal must be brought before the JLD of the court of law in charge of the case in which the detained person is involved.

How can the competent judge be seized?

The appeal shall be made by a written request signed by the detained person or his lawyer.

The application must be filed or sent by registered letter:

• At the Registry of the Investigating Judge (if an investigation is ongoing)
• To the Office of the Public Prosecutor (if the Correctional Court is seised)
• To the Attorney General's Secretariat (if the Correctional Appeals Chamber or the Court of Assize is seised or if an appeal is pending)
• To the head of the prison (in any case)

Examination of the admissibility of the action

The JLD must first rule on the admissibility of the application.

This means that he must check whether the appeal is brought properly and whether it can be considered.

The JLD has a timeout of 10 calendar days from receipt of the application to take its decision.

Examination of the merits of the action

The JLD must first investigate whether the conditions of detention of the complainant are contrary to human dignity or not.

Then he has to make his decision within 10 calendar days which follow the date on which he made the order of admissibility.