… the jurist answers.
When will I be classified and what requirements must be met?
The initial classification is regulated in article 103 of the Penitentiary Regulations (hereinafter, PR). Once the sentence is received in the penitentiary, either because the inmate was in pre-trial detention and has been sentenced, or because the inmate has voluntarily entered with a final sentence, the classification in the appropriate treatment level must be carried out within a maximum period of two months. In other words, in order to be classified in a level, you must be sentenced. Therefore, pre-trial detainees cannot be classified. Do not confuse this situation with pending cases. If there are pending cases in which provisional imprisonment has not been decreed, the classification can proceed.
“The review of the classification level is done every six months at most. In order not to be in breach, it is usually done every five months.”
How often will my situation be reviewed?
According to article 105.1 of the PR, your situation is reviewed every six months at most. Typically, in order not to exceed this deadline, the review is established every five months. Therefore, if for any reason a decision needs to be delayed due to incomplete information at that time, the assessment of that person can be postponed to the next Treatment Board meeting. For example, imagine a situation where an inmate has a pending trial and the sentence is not known at the time of the meeting. If it is considered that this information is crucial and can affect their review (they may be eligible for third degree soon), it is advisable to wait and analyze the new sentence. If the review has been scheduled after six months from the classification, waiting is not possible. An early review should be conducted when the sentence is received or wait for the following six months. If the review has been programmed after five months from the classification, the Board has the flexibility to delay the evaluation until its next session.
How often will the technical team from my unit see me?
The more often, the better. If you analyze the functions of the technical team in article 275 of the PR, you will see that its members propose classifications, reviews, and granting of permits to the Board, based on their observations and knowledge of the individuals. Knowing implies not only being familiar with the documentary part of the case they are dealing with, but also understanding the circumstances that have led to the person being sentenced to prison, and especially knowing at what personal stage they are. This includes their social and family circumstances, as well as personal circumstances regarding the progress they may have made during their imprisonment. This can only be achieved by spending time with that person and, from my point of view, spending time beyond the usual interviews.
Once classified, where will the sentence be served?
This depends on the classification level and the destination centers. The classification level can determine whether the sentence must be served in imprisonment(first degree classification) or if the person can leave the penitentiary to go to an external therapeutic community (specific third degree modality). If the classification is second degree or ordinary regime, the specific centers where the sentence will be served is determined by various circumstances, but primarily by the location of the inmate’s family and social environment, which can facilitate social reintegration.
“The technical team must spend time with the inmates beyond the interviews to get to know them not only based on documents but also based on their circumstances.”
Can the classification be appealed?
Always. An appeal can be made to the administrative authority (General Directorate of Penitentiary Execution and Social Reintegration), and if the decision is not favorable to the person, the administrative resolution is final and can be appealed to the Prison Supervision Judge.
How is the unit where I should serve determined?
This has nothing to do with classification, but with interior separation, and depends greatly on the characteristics of the inmate, as well as the classification possibilities in each penitentiary. You are in a center with many units that can accommodate different profiles (convicted/pretrial detainees, students, workers, etc.). Keep in mind that there are penitentiary centers that do not have these architectural spaces and where the available units are smaller in capacity and fewer in total number.
It has always been said that inmates over 70 years old are usually classified in third degree, and this has not been the case for me. What can I do? Who makes the proposal and what is it based on?
Proposals regarding any change in the penitentiary situation are made by the Treatment Board. As mentioned earlier, these proposals can be appealed. Specifically, for cases of access to third degree and parole due to being 70 years old, what the Prison Supervision Judge decides is crucial. However, also consider that being 70 years old now is not the same as being 70 years old in the past, and it may or may not imply a decrease in capabilities. Therefore, the age is always evaluated along with its implications from a penal and penitentiary perspective.
