General Penitentiary Act

DON JUAN CARLOS I, KING OF SPAIN

To all who see and understand the present,

Know: That the Cortes Generales have approved with the character of Organic and I come to sanction the following Law:

PRELIMINARY TITLE

Article 1.

The primary purpose of the penitentiary institutions regulated by this Law is the re-education and social reintegration of sentenced persons to imprisonment and penal measures, as well as the detention and custody of detainees, prisoners and convicted persons.

They are also responsible for providing assistance and assistance to prisoners and released prisoners.

Article 2

Prison activity shall be carried out in accordance with the guarantees and within the limits established by law, regulations and judicial decisions.

Article 3.

Prison activity shall be carried out in accordance with the human personality of the prisoners and the rights and legal interests of the prisoners not affected by the conviction, without any distinction being made on the basis of race, political opinions, religious beliefs, social status or any other circumstances of a similar nature.

Accordingly:

One. Prisoners may exercise civil, political, social, economic and cultural rights, without exclusion from the right to vote, unless they are incompatible with the purpose of their detention or the execution of the sentence.

Two. The necessary measures shall be taken to ensure that prisoners and their families retain their rights to social security benefits, acquired prior to admission to prison.

Three. In no case shall detainees be prevented from continuing proceedings pending upon their imprisonment and from taking further action.

Four. The Prison Administration shall ensure the life, integrity and health of prisoners.

Five. The prisoner has the right to be appointed by his own name.

Article 4.

One. Inmates shall:

(a) To remain in the establishment at the disposal of the authority which has ordered his detention or to serve the sentences imposed on him, until the time of his release.

(b) To comply with the rules governing the internal regime governing the life of the establishment, by applying the disciplinary sanctions imposed on it in the event of an infringement of those rules, and in accordance with article forty-four.

(c) To maintain a normal attitude of respect and consideration with officials of penal institutions and judicial or other authorities, both within and outside penal institutions, in connection with transfer, conduct or practice of proceedings.

(d) To observe proper conduct with fellow internees.

Two. Efforts will be made to encourage the collaboration of inmates in prison treatment in accordance with the techniques and methods prescribed for them on the basis of individualized diagnosis.

Article 5.

The purpose of the pretrial detention regime is to keep the prisoner at the disposal of the judicial authority. The principle of the presumption of innocence shall preside over the prison system of remand prisoners.

Article 6.

No prisoner shall be subjected to ill-treatment by word or deed.

TITLE I

Establishments and material facilities

Article 7

Prisons shall include:

(a) Preventive facilities.

(b) Enforcement facilities.

(c) Special establishments.

Article 8.

One. Pretrial facilities are centres for the detention and custody of detainees and prisoners. Penal penalties and penal measures may also be imposed if the outstanding actual detention does not exceed six months.

Two. More than one such establishment may exist in each province.

Three. Where there are no preventive institutions for women and young people, they will occupy those of men departments that constitute units with absolute separation and with their own organization and regime.

Article 9.

One. Enforcement establishments are centres for the enforcement of custodial sentences. They will be organized separately for men and women and will be of two types: ordinary and open regime.

Two. Young people shall be held separately from adults in separate establishments or, in any case, in separate departments. For the purposes of this Act, young persons are persons of either sex who have not attained the age of 21 years. Exceptionally, and taking into account the personality of the inmate, they may remain in centres for young people who, having reached the age of twenty-one, have not reached the age of twenty-five.

Article 10

One. Notwithstanding the provisions of article One of the preceding article, there shall be closed-regime establishments or special departments for convicted persons who are deemed to be extremely dangerous or in cases of maladaptation to ordinary and open regimes, as assessed by objective reasons in a reasoned decision, unless the study of the personality of the subject denotes the presence of anomalies or deficiencies that must determine their fate to the relevant special centre.

Two. They may also be sent to these special establishments or departments as an exception and as an absolute separation of the convicted persons, giving the relevant judicial authority an account of those remand prisoners in which the circumstances expressed in the previous number occur, on the understanding that the misadaptation refers to the regime proper to the pretrial establishments.

Three. The scheme of these centres shall be characterized by a limitation of the joint activities of the inmates and by greater control and surveillance of them in the manner to be determined by regulation.

The inmates assigned to these centres shall remain for the necessary time until the reasons or circumstances that determined their admission have disappeared or diminished.

Article 11.

Special establishments are those where the care status prevails and will be of the following types:

(a) Hospital facilities.

(b) Psychiatric centres.

(c) Social rehabilitation centres for the execution of criminal measures, in accordance with the legislation in force in this field.

Article 12.

One. The location of the establishments shall be determined by the prison administration within the designated territorial areas. In any event, efforts will be made to ensure that each one has sufficient numbers to meet the prison needs and to prevent the social uprooting of prisoners.

Two. Prisons must not accommodate more than 350 inmates per unit.

Article 13.

Prisons must have in all their units suitable services of individual dormitories, nursing, schools, libraries, sports and recreational facilities, workshops, patios, hairdressing salons, kitchen, dining room, individualised call rooms, information department to the outside, rooms close to family relations and, in general, all those that allow to develop in them an organized collective life and an adequate classification of inmates, in relation to the purposes that in each case are assigned to them.

Article 14.

The Prison Administration shall ensure that the establishments are provided with the necessary material and personal means to ensure the maintenance, development and fulfilment of their purposes.

TITLE II

Prison system

CHAPTER I

General organization

Article 15.

One. The entry of a detainee, prisoner or convicted person in any of the prisons shall be effected by order or order of the competent authority, except in the case of voluntary presentation, which shall be immediately communicated to the judicial authority, who shall decide on the appropriate matters, and in the case of a state of alarm, exception or place where the relevant special laws shall be placed.

Two. Each prisoner shall be provided with a personal file relating to his or her procedural and prison situation, to which he or she shall have the right to be informed, and a personality protocol shall be drawn up for each convicted person.

Article 15 bis. Processing of personal data.

1. An inmate shall be admitted to the establishment and his personal identity shall be verified by means of an alphabetical, fingerprint and photographic record, as well as the entry in the income book and the opening of a personal file relating to his procedural and prison situation, in respect of which the right of access is recognized. This right will only be limited individually and based on specific safety or treatment reasons.

2. The processing of the personal data of inmates shall be governed by the provisions of the Organic Law on the Protection of Personal Data treaties for the purpose of prevention, detection, investigation and prosecution of criminal offences and enforcement of criminal sanctions. Personal data of special categories not listed in the preceding paragraph may be processed with the consent of the data subject. Such consent shall be dispensed with only when strictly necessary and with appropriate guarantees to protect the data protection rights of the data subjects, taking into account the type of data being processed and the purposes of the various processing aimed at the execution of the penalty.

3. The person shall also be searched and his effects recorded, and unauthorized items and objects removed.

4. At the time of entry, the necessary personal hygiene measures shall be taken, and appropriate clothing shall be handed over to the prisoner as required, and the receipt thereof shall be signed.

It is added by final provision 1 of Organic Law 7/2021 of 26 May. Ref. BOE-A-2021-8806

Text added, published on 27/05/2021, in force from 16/06/2021.

Article 16

Whatever the institution in which the admission takes place, a complete separation shall be immediately made, taking into account sex, emotionality, age, history, physical and mental status and, with regard to the convicted persons, the requirements of treatment.

Accordingly:

(a) Men and women shall be separated, except in exceptional cases to be determined by regulation.

(b) Detainees and prisoners shall be separated from convicted prisoners and, in both cases, from recidivists.

(c) Young persons, whether detained, imprisoned or punished, shall be separated from adults under conditions determined by regulations.

(d) Those with physical or mental illness or impairment shall be separated from those who may follow the normal regime of the establishment.

(e) Detainees and prisoners for malicious offences shall be separated from those for reckless offences.

Article 17.

One. The liberty of detainees, prisoners or convicted persons may be agreed only by the competent authority.

Two. Detainees shall be released by the director of the establishment if, after seventy-two hours after their admission, no warrant or order of imprisonment has been received.

Three. The release of convicted persons will require the approval of final release by the sentencing court or the proposal for parole by the supervisory judge.

Four. At the time of release, the balance of his or her financial account, the securities and effects deposited in his or her name, as well as a certificate of the time spent in detention and professional qualifications obtained during his or her detention, shall be handed over to the person released.

If he lacks financial means, he will be provided with the necessary resources to reach his residence and to meet his first expenses.

Article 18

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

Article 19.

One. All inmates shall be accommodated in individual cells. In the event of a temporary shortage of accommodation or an indication by the doctor or observation and treatment teams, collective units may be used. In such cases, inmates will be properly selected.

Two. Both the facilities for overnight accommodation of prisoners and those in which life is shared must meet the needs of hygiene and be conditioned so that the volume of space, ventilation, water, lighting and heating conform to the climatic conditions of the locality.

Three. For hygiene reasons, careful personal hygiene will be required. To this end, the administration shall provide the necessary daily toiletries and services free of charge to inmates.

Article 20.

One. The prisoner has the right to wear his or her own garments, provided they are appropriate or to choose those that facilitate the establishment, which must be correct, adapted to the climatic conditions and devoid of any element that may affect the dignity of the prisoner.

Two. In cases of departure to the outside, they must wear clothes that do not denote their detention status. If they do not have the right ones, they will be given the necessary care.

Article 21.

One. All inmates will have the necessary clothes for their bed and furniture to keep their belongings.

Two. The Administration will provide inmates with a properly prepared, medically controlled diet that responds in quantity and quality to dietary and hygiene standards, taking into account their state of health, the nature of the work and, to the extent possible, their philosophical and religious convictions. Inmates shall, under normal circumstances, have drinking water at all times.

Article 22d

One. Where the Regulations do not authorize the prisoner to keep in his possession money, clothing, valuables or other belonging to him, they shall be kept in a safe place, subject to receipt, or sent to persons authorized by the prisoner to receive them.

Two. The Director, at the request of the Doctor, may order the de-use of clothing and contaminated effects owned by inmates for hygiene reasons.

Three. The Director, at the request of the inmate or the Doctor, and in accordance with him in any case, shall decide on the fate of the medicines in his possession the inmate at the time of admission to the establishment or receives from abroad, providing which may be retained for his staff administration and which must be deposited in the infirmary, taking into account the needs of the patient and the requirements of safety. If the inmates were involved in narcotics, the legal provisions will be complied with.

Article 23

Searches and searches of inmates, their belongings and premises they occupy, counts and searches of the premises of the establishment shall be carried out in cases with the guarantees and periodicity to be determined by regulation and with respect for the dignity of the person.

Article 24.

Systems for the participation of inmates in educational, recreational, religious, labour, cultural or sporting activities or responsibilities shall be established and encouraged in the manner indicated by regulation. The participation of inmates shall also be sought in the development of food and ration services.

Inmates shall be allowed to purchase food and consumer goods on their own account within the limits laid down by regulation. The sale of these products will be managed directly by the Prison Administration or by concessionary companies. The prices shall be checked by the competent authority and may in no case be higher than those which govern in the place where the establishment is located. Inmates will also participate in quality control and prices of products sold in the centre.

Article 25.

One. A timetable shall be established in all prisons and shall be promptly observed.

Two. The time will be distributed in such a way that eight hours a day are guaranteed for night rest and the spiritual and physical needs, treatment sessions and work and cultural training activities of the inmates are met.

CHAPTER II

Work

Article 26

Work will be considered a right and a duty of the prisoner, being a fundamental element of treatment.

The conditions shall be:

(a) It shall not be of a distressing nature or be applied as a corrective measure.

(b) Shall not be prejudicial to the dignity of the prisoner.

(c) Has a formative, creative or conservative nature of work, productive or therapeutic habits, in order to prepare inmates for normal conditions of free work.

(d) It shall be organized and planned, in accordance with professional qualifications and qualifications, in order to meet the job aspirations of prisoners as soon as they are compatible with the organization and safety of the establishment.

(e) To be facilitated by the administration.

(f) Enjoy the protection afforded by the legislation in force in the field of social security.

(g) It shall not be subject to the achievement of economic interests by the Administration.

Article 27.

One. The work performed by inmates, either inside or outside the establishments, shall be covered by one of the following modalities:

(a) Vocational training, to which the administration shall give preference.

(b) Those engaged in study and academic training.

(c) those for the production of labour or cooperative or similar forms in accordance with the legislation in force.

(d) Occupational women who are part of a treatment.

(e) Personal benefits in common ancillary services of the establishment.

(f) Artisanal, intellectual and artistic.

Two. Any directly productive work performed by inmates shall be remunerated and carried out in the conditions of safety and hygiene laid down in the legislation in force.

Article 28

The work will be compatible with treatment sessions and teaching needs at compulsory levels. To this end, the Administration shall take such measures as may be determined by regulation to ensure the satisfaction of those purposes and to ensure the effectiveness of the outcome.

Article 29.

One. All convicted persons shall have an obligation to work according to their physical and mental abilities.

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

(a) Those who undergo medical treatment due to accident or illness until they are 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 for sixteen uninterrupted weeks, which may be extended by multiple delivery to eighteen weeks. The period of derogation shall be distributed at the option of the person concerned provided that six weeks are immediately following delivery.

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

Two. Persons held in pretrial detention may work according to their abilities and inclinations. The administration of the establishment will provide them with the means of occupation at their disposal, allowing the prisoner to seek at his own expense others, provided that they are compatible with the procedural guarantees and the security and good order of the institution. Those who voluntarily carry out any of the work set forth in article 27 shall do so under the conditions and with the effects and benefits provided for in this Act. Every prisoner shall contribute to the proper order, cleanliness and hygiene of the establishment, and the work organized for these purposes shall be determined by regulation.

Paragraph 1(e) is amended by Article 1 of Organic Law 13/1995 of 18 December. Ref. BOE-A-1995-27254

Article 30.

Goods, products or services obtained by the work of inmates shall have an equal status, a preferential status in the award of supplies and works by the public administrations.

Article 30

One. The management and control of activities carried out in the workplace within the establishments shall be the responsibility of the Prison Administration.

Two. The Administration will encourage the participation of inmates in the organization and planning of work.

Article 32

Inmates may be members of the Governing Council and of the Directorate or Management of the cooperatives established. The Administration shall acquire the status of a partner of the latter, contributing to the achievement of the corresponding social object in accordance with the legislation in force.

Article 33

One. The Administration shall organize and plan productive work under the following conditions:

(a) Provide sufficient work to occupy inmates on working days, ensuring weekly rest.

(b) The working day may not exceed the legal maximum and care shall be taken to ensure that working hours allow sufficient time for the application of the means of treatment.

(c) Ensure that the remuneration is in accordance with the performance, professional status and type of activity performed.

(d) Ensure that prisoners contribute to the maintenance of their family burdens and to the fulfilment of their remaining obligations, by making available the excess amount under conditions established by law.

Two. Remuneration for the work of prisoners shall be subject only to the conditions and conditions laid down for the wage of the free worker.

Article 34

Inmates, as employees or cooperating partners, shall individually assume the defence of their labour or cooperative rights and interests, which they shall exercise before the competent bodies and tribunals, after a complaint or conciliation in administrative proceedings and in a manner to be determined by regulation.

Article 35

Those released who have registered with the employment office within 15 days of their release and have not received an adequate job offer shall be entitled to unemployment benefit under the conditions laid down by law.

CHAPTER III

Health care

Article 36

One. At least one General Physician with psychiatric knowledge will be in charge of taking care of the physical and mental health of the inmates and of monitoring the conditions of hygiene and health in the establishment, which may, where appropriate, request the assistance of specialists. There will also be at least one Assistant Medical Technician and the services of a doctor and appropriate assistant staff will be available.

Two. In addition to the medical services provided by establishments, inmates may be assisted in hospital and care institutions of a penitentiary nature and, in case of need or urgency, in other hospitals.

Three. Prisoners may request medical services from professionals outside prison institutions at their own expense, except where security reasons suggest limiting this right.

Article 37

For the provision of health care, all establishments shall be equipped with:

(a) A nurse, who will have a sufficient number of beds, and will be provided with appropriate clinical, instrumental and pharmaceutical materials for emergency cures and dental interventions.

(b) A unit for psychiatric observation and care of drug addicts.

(c) A unit for contagious patients.

Article 38

One. In women's establishments or departments, there will be a unit equipped with obstetrical equipment necessary for the treatment of pregnant and newly-born inmates and those who are convalescent, as well as for deliveries whose urgency does not allow them to take place in civilian hospitals.

Two. Inmates may have in their company children who have not reached the age of three years, provided that they duly establish their filiation. In those centres where inpatients with children are present, there will be a facility for childcare.

The Prison Administration shall conclude the necessary agreements with public and private entities in order to maximize the development of the mother-child relationship and the formation of the child ' s personality within the special circumstances determined by the mother ' s compliance with the custodial sentence.

Three. A specific regime of visits shall be established for minors who are not more than 10 years old and do not live with their mothers in the penitentiary. Such visits shall be conducted without any restrictions as to frequency and privacy, and their duration and schedule shall be in accordance with the regional organization of the establishments.

Four. Women ' s establishments will provide inmates with the necessary items for normal use for intimate hygiene.

Paragraph 2 is amended by renumbering paragraph 3 as 4 and adding paragraph 3 by Article 2 of Act No. 13/1995 of 18 December. Ref. BOE-A-1995-27254

Article 39

Psychiatric diagnoses affecting the prison situation of inmates must be carried out by a technical team, composed of a psychiatric specialist, a forensic doctor and the establishment, accompanied in any event by a report from the observation or treatment team.

Article 40.

Medical and health care shall be ensured by the initial recognition of those admitted and those successively determined by regulation.

CHAPTER IV

Disciplinary regime

Article 40

One. The disciplinary regime of establishments shall be directed towards ensuring security and ensuring orderly coexistence.

Two. No prisoner shall perform any service involving the exercise of disciplinary powers.

Article 42

One. Inmates shall not be disciplined except in the cases established in the Regulations and with the penalties expressly provided for in this Act.

Disciplinary offences shall be classified as very serious, serious and minor offences.

Two. No other sanctions may be imposed than:

(a) Cell isolation, which may not exceed fourteen days.

(b) Insulation of up to seven weekends.

(c) Deprivation of exit permits for a period not exceeding two months.

(d) Limitation of oral communications to a minimum of statutory time for a maximum of one month.

(e) Deprivation of common walks and recreational activities, as soon as compatible with physical and mental health, up to a maximum of one month.

(f) Remand.

Three. In cases of repeated infringement, penalties may be increased by half of their maximum.

Four. The penalty of solitary confinement shall apply only in cases where the prisoner manifests an obvious aggressiveness or violence, or when the prisoner repeatedly and severely alters normal cohabitation in the centre. In any case, the cell in which the sanction is served must be similar to the other cells in the establishment.

Five. The guilty party of two or more misdemeanours shall be liable to the penalties applicable to all of them for simultaneous execution if possible, and, if not, they shall be carried out in order of their respective gravity, but the maximum of their performance may never exceed the triplet of the time corresponding to the most serious, or forty-two consecutive days in the event of solitary confinement.

Six. Penalties may be reduced by decision of the relevant collegial body or on the proposal of the technical team, and, where it is noted that there was an error in the application of a corrective measure, a qualification shall be made, or, where appropriate, the punishment shall be immediately lifted.

Article 43

One. The solitary confinement shall be carried out by the doctor of the establishment, who shall monitor the prisoner daily while in that situation, informing the director of his physical and mental health and, where appropriate, of the need to suspend or modify the penalty imposed.

Two. In cases of illness of the sentenced person, and provided the circumstances so warrant, the effectiveness of the sanction consisting in solitary confinement shall be suspended, until the prisoner is discharged or deemed appropriate by the appropriate collegial body, respectively.

Three. 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.

Four. The isolation shall be carried out in the compartment normally occupied by the prisoner, and in the event that he shares it with others or for his own safety or for the proper order of the establishment, he shall move to an individual of such measures and conditions.

Article 44

One. Disciplinary sanctions shall be imposed by the relevant collegial body, the organization and composition of which shall be determined in the Rules of Procedure.

Two. No prisoner shall be punished without being previously informed of the offence attributed to him or her and without being allowed to present his or her defence, verbal or written.

Three. An appeal against a sanctioning decision shall suspend the effectiveness of the sanction, except where the correction cannot be delayed as a serious act of indiscipline. Appeals against decisions imposing solitary confinement shall be urgent and preferential.

Article 45

One. Only those means of enforcement that are established by regulation may be used, with the permission of the Director, in the following cases:

(a) To prevent acts of escape or violence by inmates.

(b) To avoid harm to themselves, other persons or things by inmates.

(c) To overcome the active or passive resistance of inmates to the orders of prison staff in the exercise of their duties.

Two. Where, in view of the urgency of the situation, the use of such means is to be made of, the Director shall be informed immediately and shall bring it to the attention of the Supervisory Judge.

Three. The use of coercive measures shall be directed exclusively towards the restoration of normalcy and shall only last for as long as is strictly necessary.

Four. Prison officers may not use firearms in the performance of their monitoring functions.

CHAPTER V

Rewards

Article 46

Acts that highlight good conduct, a spirit of work and a sense of responsibility in the personal behaviour and organized activities of the establishment will be stimulated by a system of reward that is regularly determined.

CHAPTER VI

Exit permissions

Article 47

One. In the event of the death or serious illness of parents, spouse, children, siblings and other persons closely related to the inmates, the delivery of the wife, as well as for important and proven reasons, with appropriate security measures, exit permits shall be granted, unless exceptional circumstances arise.

Two. Release permits may also be granted for up to seven days in preparation for life at liberty, following a report by the technical team, up to a total of thirty-six or forty-eight days per year for second and third-degree convicts, respectively, provided that one quarter of the sentence has been extinguished and that they do not observe misconduct.

Article 48

The permits referred to in the preceding article may also be granted to remand prisoners with the approval, in each case, of the relevant judicial authority.

CHAPTER VII

Information, complaints and remedies

Article 49

Prisoners shall be provided with written information on the regime of the establishment, its rights and duties, disciplinary rules and the means of making petitions, complaints or appeals. Those who are unable to understand the information by the indicated procedure will be provided by another appropriate means.

Article 50.

One. Inmates have the right to make petitions and complaints concerning their treatment or the regime of the establishment to the Director or person representing him, with a view to taking appropriate action or, where appropriate, forwarding them to the competent authorities or bodies. If written, they may be submitted in closed form, which shall be delivered on receipt.

Two. If the inmates lodge any of the remedies provided for in this Act, they shall also submit them to the Director of the establishment, who shall transmit them to the judicial authority, giving a sealed copy of them to the appellant.

CHAPTER VIII

Communications and visits

Article 50(1)

One. Inmates shall be authorized to communicate regularly, orally and in writing, in their own language, with their family, friends and accredited representatives of institutions and institutions of prison cooperation, except in cases of judicial incommunicado detention.

Such communications shall be conducted in such a way as to ensure maximum respect for privacy and shall be subject to no restrictions on persons and manner other than those imposed for reasons of security, treatment interest and the good order of the establishment.

Two. Communications from detainees with the defence lawyer or the lawyer expressly called in connection with criminal matters and with the procurators representing him shall be held in appropriate departments and may not be suspended or intervened except by order of the judicial authority and in cases of terrorism.

Three. In the same departments, inmates may be authorized to communicate with professionals accredited in connection with their activities, social workers and priests or ministers of their religion, whose presence has been previously claimed. Such communications may be intervened in the manner laid down by regulation.

Four. Communications provided for in this Article may be made by telephone in the cases and with the guarantees laid down in the Regulation.

Five. The oral and written communications provided for in this Article may be suspended or intervened on the grounds of the Director of the establishment, giving an account to the competent judicial authority.

Article 52

One. In cases of death, illness or serious accident of the inmate, the Director shall inform the next of kin or the person designated by the inmate.

Two. The prisoner shall also be informed of the death or serious illness of a close relative or of a person closely associated with him.

Three. Every prisoner has the right to immediately inform his family and lawyer of his arrest and to report his transfer to another institution at the time of his entry into the institution.

Article 53

The establishments shall have premises attached to them which are particularly suitable for family visits or close relatives of inmates who cannot obtain exit permits.

Such visits shall be granted subject to the provisions of the second paragraph of Article 51 (1), and in cases, with the requirements and periodicity to be determined by regulation.

CHAPTER IX

Religious assistance

Article 54

The Administration shall guarantee the religious freedom of prisoners and shall provide the means by which such freedom may be exercised.

CHAPTER X

Education and instruction

Article 55

One. In each institution there will be a school in which the instruction of inmates, especially illiterates and young people, will be developed.

Two. The courses to be taught in the establishments will be in accordance as far as possible with the legislation in force in the field of education and vocational training.

Three. The Prison Administration will encourage the interest of inmates in the study and will provide the maximum facilities for those who cannot follow courses abroad to do so by correspondence, radio or television.

Article 56

1. The administration will organize educational, cultural and professional activities in accordance with the official system, so that inmates can achieve the corresponding degrees.

2. In order for inmates to have access to the public service of university education, it will be necessary for the Prison Administration to sign, prior to any relevant educational reports, appropriate agreements with public universities. These agreements shall ensure that education is provided in the conditions and with the rigour and quality inherent in this type of study, adapting, where necessary, the pedagogical methodology to the special circumstances prevailing in the penitentiary field. The modification of the system and structure of education or educational assistance to inmates provided for in the above-mentioned agreements, as well as any other modifications, extensions or extension of those agreements to new signatories or subjects, shall be authorized by the Prison Administration.

In view of the mobility of the prison population and the non-existent nature of the studies referred to in this article, the agreements referred to in the preceding paragraph shall preferably be signed with the National University of Distance Education. However, the competent prison authorities may conclude agreements with universities of their field in accordance with the terms set out in the preceding paragraph.

It is amended by the sole article of Organic Law 6/2003 of 30 June. Ref. BOE-A-2003-13021

Article 57

In each establishment there will be a library with books suitable for the cultural and professional needs of inmates, who will also be able to use the books provided by the mobile libraries service established by the Administration or private entities for the same purpose.

Article 58

Inmates have the right to have books, newspapers and magazines of free circulation abroad, with the limitations that, in specific cases, advise the requirements of individualized treatment, subject to a reasoned resolution of the observation and treatment team of the establishment. They shall also be informed through radio, television and similar hearings.

TITLE III

Treatment

Article 59

One. Prison treatment consists of a series of activities directly aimed at achieving the re-education and social reintegration of prisoners.

Two. Treatment is intended to make the prisoner a person with the intention and ability to live in compliance with the Criminal Law, as well as to meet his needs. To this end, efforts will be made, as far as possible, to develop in them an attitude of respect for themselves and individual and social responsibility towards their families, their neighbours and society at large.

Article 60.

One. The services responsible for the treatment shall endeavour to know and treat all the peculiarities of the person and environment of the convicted person which may be an obstacle to the purposes set out in the preceding article.

Two. To this end, all methods of treatment and means which, while respecting constitutional rights not affected by the conviction, can facilitate the achievement of these purposes must be used as far as possible.

Article 60

One. The inmate will be encouraged to participate in the planning and execution of his treatment and will collaborate to be able, in the future, to lead, with a social conscience, a life without crime.

Two. The interest and collaboration of inmates in their own treatment will be encouraged as soon as possible. The satisfaction of their personal interests shall be taken into account to the extent compatible with the purposes of the said purpose.

Article 62

Treatment will be based on the following principles:

(a) It shall be based on the scientific study of the constitution, temperament, character, aptitudes and attitudes of the subject to be treated, as well as his dynamic-motivational system and the evolutionary aspect of his personality, leading to a global prosecution of it, which shall be reflected in the protocol of the inmate.

(b) It shall maintain a direct relationship with a diagnosis of criminal personality and with an initial forecast trial, which shall be issued on the basis of a weighted consideration of the overall prosecution referred to in the preceding paragraph, as well as the summary of its criminal activity and of all environmental data, whether individual, family or social, of the subject.

(c) It shall be individualized, consisting of the variable use of medical-biological, psychiatric, psychological, pedagogical and social methods, in relation to the personality of the prisoner.

(d) Generally, it will be complex, requiring the integration of several of the above methods into one overall direction and within the framework of the appropriate regime.

(e) The general plan to be followed in its implementation shall be programmed, with the greater or lesser intensity in the application of each method of treatment and the distribution of specific tasks within it among the various specialists and educators.

(f) It shall be of a continuous and dynamic nature, dependent on the impact on the evolution of the personality of the prisoner during the execution of the sentence.

Article sixty-three

For individualization of treatment, after proper observation of each convicted person, classification shall be made, for the establishment whose regimen is most appropriate for the treatment indicated to him and, where appropriate, for the most suitable group or section within him. The classification should take into account not only the individual, family, social and criminal history of the prisoner, but also the length of the sentence and penal measures, the means to which he or she will likely return and the resources, facilities and difficulties that exist in each case and time for the success of the treatment.

Article 64

One. The observation of preventives shall be limited to collecting as much information as possible on each of them through documentary data and interviews, and through direct observation of behaviour, establishing on these bases the separation or internal classification into groups referred to in article sixteen, and all this as long as it is compatible with the presumption of innocence.

Two. Once a conviction has lapsed, the above information shall be supplemented by a scientific study of the personality of the observed person. Based on these studies and information, a determination of the criminological type, a diagnosis of criminal capacity and social adaptability, and the reasoned proposal of the degree of treatment and destination to the type of establishment concerned.

Article 65

One. Changes in treatment shall determine a new classification of the inmate, with the consequent proposal for transfer to the establishment of the relevant regime or, within it, the transition from one section to another from different regime.

Two. The progression in treatment will depend on the modification of those sectors or personality traits directly related to the criminal activity; it will manifest itself in the overall conduct of the inmate and will entail an increase in the confidence placed in it and the attribution of responsibilities, increasingly important, that will imply greater freedom.

Three. The regression of degree will proceed when an unfavourable evolution of his personality is appreciated in the internal, in relation to the treatment.

Four. Every six months at most, inmates shall be individually examined to reconsider their previous classification, taking the appropriate decision, which shall be notified to the person concerned.

When the same team repeats the first grade rating for the second time, the intern may request that his next classification proposal be made at the observation centre. The same right shall apply to him when, in the second degree and in the same circumstance, he has reached half of the sentence served.

Article 66

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

Two. Special attention shall be paid to the organization in the establishments of compliance with the number of sessions of psychopedagogical counselling and group psychotherapy considered appropriate in view of the programming of the treatment and the selection criteria used in these methods, as well as to the performance of behavioral therapy and procedures aimed at modifying the system of attitudes of the inmate when they are unfavourable or negative, all with absolute respect to the personality of the inmate.

Three. The treatment programme shall also include the training and further training of those persons whose rehabilitation requires it, and shall be carried out with continuous psychological counselling during the training process and after appropriate personal guidance.

Article sixty-sixa

1. The Prison Administration will develop specific programmes for inmates convicted of crimes related to violence against children and adolescents, in order to develop a respectable attitude towards the rights of children and adolescents, as determined by regulations.

2. The Treatment Boards shall assess, in the course of progress, the granting of permits and the granting of conditional release, the monitoring and use of such specific programmes by the inmates referred to in the preceding paragraph.

It is added by final provision 3 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 67

After the treatment or the release of the prisoner has been completed, a final prognostic report shall be issued, stating the results obtained by the treatment and a judgement of probability on the future behaviour of the subject at large, which, where appropriate, shall be taken into account in the case file for the granting of parole.

Article 68

One. In special centres, treatment will be harmonized with the specific purpose of each of these institutions.

Two. At the end of the treatment with the final prognostic judgement, the evaluation of the outcome of the trial will be carried out in establishments for young people under 21 years of age through the data provided by the relevant central services.

Article sixty-nine

One. Observation, classification and treatment shall be carried out by qualified teams of specialists, whose composition and functions shall be determined in the Staff Regulations. These teams will be assisted by the necessary number of educators, given the peculiarities of the groups of inmates treated.

Two. For the purpose of obtaining the social recovery of inmates under ordinary and open regimes, the cooperation and participation of citizens and of public or private institutions or associations engaged in the resocialization of prisoners may be requested.

Article 70.

One. For proper advice in the observation, classification and treatment of inmates, there will be a prison observation centre, where a technical team of specialists will operate for the following purposes:

(a) Completing the work of the Observation and Treatment Teams in their specific tasks.

(b) To resolve any technical queries and queries raised by the management centre.

(c) Carry out criminological research.

(d) To participate in the teaching tasks of the School of Prison Studies.

Two. This centre shall be visited by inmates whose classification is difficult or doubtful for the teams of establishments or groups or types of those whose peculiarities should be investigated in the opinion of the management centre.

Article 70

One. The primary purpose of the compliance regime is to achieve the right environment for successful treatment in compliance establishments; therefore, regulatory functions should be considered as means and not as purposes in themselves.

Two. The activities of the treatment and the regime, although governed by a principle of specialization, must be properly coordinated. The Directorate of the Establishment shall organize the various services so that the staff members achieve the necessary understanding of their respective roles and responsibilities in order to achieve the indispensable coordination.

Article 72

One. Prison sentences shall be carried out according to the system of scientific individualization, separated in degrees, the last of which shall be probation, as determined by the Spanish Criminal Code.

Two. Grades 2 and 3 shall be met respectively in ordinary and open-regime establishments. Those classified in the first degree shall be intended for closed establishments, as provided for in article 10, paragraph 1, of this Act.

Three. Provided that the observation and classification of an inmate results in being in a position to do so, it may initially be placed in a higher grade, except on parole, without necessarily having to go through those preceding it.

Four. In no case will an inmate be kept to a lower degree when due to the evolution of his treatment he becomes deserving of its progression.

Five. The classification or progression to the third degree of treatment shall require, in addition to the requirements laid down by the Spanish Criminal Codethat the convicted person has satisfied the civil liability arising from the offence, taking into account, for that purpose, the conduct actually observed in order to restore the subtracted, to repair the damage and to compensate for the material and moral damage; the personal and property conditions of the guilty person, for the purpose of assessing his or her real, present and future capacity to satisfy the civil liability due to him or her; the guarantees to ensure future satisfaction; the estimation of the enrichment that the guilty person would have obtained by the commission of the offence and, where appropriate, the damage or obstruction produced to the public service, as well as the nature of the damage caused by the offence, the number of injured persons and their condition.

This rule shall apply, however, where the prisoner has been convicted of one of the following offences:

(a) Offences against property and against the socio-economic order that have been notoriously serious and have harmed a generality of persons.

(b) Offences against the rights of workers.

(c) Offences against public finances and social security.

(d) Offences against the public administration under chapters V to IX of the Title XIX of Book II of the Penal Code.

Six. Similarly, the classification or progression to the third degree of prison treatment of persons convicted of terrorist offences in the second section of chapter V of Title XXII of Book II of the Penal Code or committed within criminal organisations, shall require, in addition to the requirements laid down by the Spanish Criminal Code and the satisfaction of civil liability with their present and future income and assets in the terms of the preceding paragraph, which show unequivocal signs of having abandoned terrorist purposes and means, and have also actively cooperated with the authorities, either to prevent the production of other crimes by the armed gang, organization or terrorist group, or to mitigate the effects of their crime, either for the identification, capture and prosecution of those responsible for terrorist offences, for the purpose of obtaining evidence or for the purpose of preventing the conduct or development of the organizations or associations to which they belonged or with which they collaborated, which may be demonstrated by an express declaration of repudiation of their criminal activities and the abandonment of violence and an express request for forgiveness of the victims of their crime, as well as by technical reports proving that the prisoner is truly disassociated from the terrorist organization and the environment and activities of illegal associations and collectives surrounding him and their cooperation with the authorities.

Paragraphs 5 and 6 are added by Article 3 of Organic Law 7/2003 of 30 June. Ref. BOE-A-2003-13022

TITLE IV

Post-penitentiary assistance

Article 73

One. A convicted person who has served his sentence and who has otherwise extinguished his criminal responsibility must be fully reintegrated into the exercise of his rights as a citizen.

Two. In no case may the background be a ground for social or legal discrimination.

Article 74

The Ministry of Justice, through the Social Welfare Commission, an agency under the Directorate-General for Prisons, whose structure and functions will be determined by the organizational regulations of that department, will provide inmates, those released on parole or on permanent terms and the families of each other with the necessary social assistance.

Article 75

One. The welfare staff of the Social Assistance Commission shall be staff members who shall be transferred to the Social Assistance Commission, excluding any other activities other than those strictly assisted.

Two. The Social Welfare Commission will work permanently with the entities concerned with the assistance of prisoners and the treatment of prisoners in the place where they live in prisons.

TITLE V

From the Supervisory Judge

Article 72

One. The supervisory judge shall have the power to enforce the sentence imposed, to rule on appeals relating to any changes that he may experience in accordance with the requirements of the laws and regulations, to safeguard the rights of prisoners and to correct any abuses and deviations that may occur in the fulfilment of the precepts of the prison system.

Two. In particular, the supervisory judge is responsible for:

(a) To take all necessary decisions to ensure that decisions on custodial sentences are delivered, assuming the functions of the sentencing judges and tribunals.

(b) To rule on proposals for the release of convicted persons on parole and to agree on such revocations as may be necessary.

(c) To approve the proposals made by prisons on prison benefits that may result in shorter sentences.

(d) To approve solitary confinement for more than fourteen days.

(e) Resolve complaints by inmates about disciplinary sanctions by way of appeal.

(f) Resolve, on the basis of the studies of the Observation and Treatment Teams, and where appropriate of the Central Monitoring Centre, the resources relating to initial classification and progress and regressions of degree.

(g) To agree as appropriate on petitions or complaints made by inmates regarding the prison regime and treatment as far as it affects their fundamental rights or their rights and benefits.

(h) Conducting visits to prisons provided for by the Spanish Criminal Procedure Actthe Central Prison Supervision Judge may request the judicial assistance of the Prison Supervision Judges in the place where the establishment to be visited is located in order to carry out this function.

(i) Authorize exit permits lasting more than two days, except for those classified in third degree.

(j) To hear about the transfer of prisoners to closed establishments on the proposal of the director of the establishment.

Paragraph 2(h) is amended by Art. 2 of Organic Law 5/2003 of 27 March. Ref. BOE-A-2003-10614

Article 77

The supervisory judges may address the Directorate-General for Prison Institutions, making proposals concerning the organization and development of monitoring services, the organization of internal coexistence in institutions, the organization and activities of workshops, schools, medical and religious assistance, and in general the activities of the regulatory, economic and administrative authorities and of prison treatment in the strict sense.

Article 78

One. With regard to the organizational issues relating to the supervisory judges and the procedures for their performance, the relevant laws will be followed.

Two. The supervisory judges shall have their residence in the territory in which they reside the correctional establishments under their jurisdiction.

TITLE VI

Staff members

Article 79

The Directorate-General for Prison Institutions of the Ministry of Justice is responsible for the direction, organization and inspection of the institutions regulated by this Law, except for the Autonomous Communities which have assumed in their respective Statutes the enforcement of penal legislation and the consequent management of prison activity.

Article 80

One. For the performance of the functions entrusted to it, the prison administration shall have the necessary and duly qualified staff.

Two. Officials of the prison administration in the exercise of their duties shall be agents of the authority, with the rights, duties and incompatibility regulated by the general legislation of civil servants of the General Administration of the State or of the Autonomous Community to which they depend.

In the performance of its duties, the principle of impartiality shall be observed, in accordance with the constitutional requirements and the Consolidated text of the Law on the Basic Statute of Public Employees, approved by Royal Legislative Decree 5/2015, of 30 Octoberhaving for all legal purposes the character of agents of the authority and being able to identify such condition by their number of professional registration, in administrative and judicial proceedings that result from their professional activity.

In disciplinary proceedings against offenders in the areas covered by this Act, reports issued by prison officials in the course of their duties, who have witnessed the facts, shall constitute sufficient grounds for the adoption of the relevant decision, unless there is evidence to the contrary and without prejudice to the fact that they must provide the file with all available evidence.

Three. The selection and promotion of prison officials shall be in accordance with the regulations in force in the field of public service.

Four. Before starting their activity, prison officials must receive specific training, both theoretical and practical, at the centre to be determined by the General Administration of the State or by the Autonomous Community to which they depend.

Five. The Administration shall make financial compensation to prison administration officials when they suffer personal or material damage on the spot or during the service, without any serious fault, fault or negligence on their part, as provided for by regulations.

Six. In criminal proceedings against officials of the prison administration, their separation from the rest of the detainees in the event of arrest, as well as the separation of other prisoners in the event of being placed in prison and in transfers in custody, shall be ensured, in order to safeguard their physical integrity.

Seven. In order to ensure the safety and protection of all persons working in prisons, staff working in the prison administration shall, in the exercise of their duties, enjoy the same criminal protection as official staff and shall be subject to the provisions of paragraphs five and six.

It is amended by the sole article of Organic Law 4/2026 of 13 October. Ref. BOE-A-2026-21317

Transitional provision 1st.

Until the rules referred to in Article seventy-eight are adopted, the Supervisory Judge shall abide by Articles 500 twenty-six, nine hundred eighty-five, nine hundred eighty-seven, nine hundred ninety and concordant with the Spanish Criminal Procedure Act.

Transitional provision 2nd.

In the regulatory development of this Law, account shall be taken of the provisions which may, in relation to the Prison Administration, include the Statutes of Autonomy adopted by the different nationalities and regions.

Final provision one.

The rights granted to prisoners under this Act may be suspended partially and temporarily by agreements of the Ministries of Justice and the Interior in cases of serious disruption of order in a facility, which oblige the prison authority to require the intervention of the State Security Corps.

One. From the time of the intervention of these forces, the head of the prison shall assume the direction of the prison in terms of custody, supervision and restoration of order, without prejudice to the continuation of the prison authority in the direction of the treatment activities, administrative procedure in relation to the judicial authorities, administrative economic regime and care functions.

Two. Regardless of the case considered in the previous issue, the Ministries of Justice and the Interior may agree, for reasons of public security, that the custody and internal supervision of a closed establishment or of a special department of the latter shall be the responsibility of the State Security Corps.

Three. In the cases covered by the two preceding paragraphs, the agreement adopted by the Ministries of Justice and the Interior shall be immediately reported to the Committee of Justice of the Congress of Deputies for the purpose of adopting the relevant decision.

Final provision two.

Within a maximum period of one year, the Government shall adopt the regulations implementing this Act, and shall continue in force the Prison Services Regulations approved by Decree of two February of one thousand nine hundred fifty-six and amended by Decrees two thousand seven hundred and five thousand nine hundred and sixty-four, of twenty-seventh July; one hundred and sixty-two thousand nine hundred and sixty-eight, of twenty-fifth January; one thousand three hundred and seventy-two thousand nine hundred and seventy, of thirty April; and Royal Decree two thousand two hundred and seventy-three thousand nine hundred and seventy-seven, of twenty-nine July, in so far as it does not oppose the provisions of the General Prisons Act.

Therefore,

I command all Spaniards, private individuals and authorities who keep and enforce this Organic Law.

Given in Madrid on September 26th of a thousand nine hundred and seventy-nine.

JUAN CARLOS R.

The President of the Government,

ADOLFO SUÁREZ GONZÁLEZ