Title II: Detention

When a person has been sentenced to a custodial sentence of seven years or more for a felony or misdemeanour for which socio-judicial supervision is incurred, or of five years or more for a felony or misdemeanour committed again as a repeat offender, the sentence enforcement court may, at the request of the public prosecutor, order as a security measure and for the sole purpose of preventing a repeat offence,…

Judicial supervision may include the following obligations: 1° Obligations set out in the articles 132-44 and 132-45 of the Criminal Code; 2° After verification of the technical feasibility of the measure, an obligation provided for by article 131-36-12 of the same code; 3° If the person has been sentenced to a term of criminal imprisonment of fifteen years or more for one of the crimes mentioned in Article 706-53-13 of…

The risk of re-offending mentioned in Article 723-29 must be established by a medical assessment ordered by the sentence enforcement judge in accordance with the provisions of article 712-16, the conclusion of which reveals the dangerousness of the sentenced person and determines whether the sentenced person is likely to undergo treatment. This assessment may also be ordered by the public prosecutor.

The situation of all sentenced persons who may be subject to judicial supervision in accordance with Article 723-29 must be examined before their scheduled release date. The sentence enforcement judge or the public prosecutor may, to this end, request that the sentenced person be placed, for a period of between two and six weeks, in a specialised service responsible for observing detainees for the purposes of a multidisciplinary assessment of…

The decision provided for in Article 723-29 shall be taken, before the date set for the sentenced person’s release, by a judgment given in accordance with the provisions of Article 712-6. During the adversarial hearing provided for in article 712-6, the convicted person must be assisted by a lawyer chosen by him or, at his request, appointed by the President of the Bar. The judgment specifies the obligations to which…

Convicted offenders placed under judicial supervision are also subject to assistance and monitoring measures designed to facilitate and verify their reintegration. These measures and the obligations to which the convicted offender is subject are implemented by the sentence enforcement judge assisted by the prison integration and probation service, and, where appropriate, with the assistance of organisations authorised for this purpose.

The sentence enforcement judge may modify the obligations to which the sentenced person is subject, by order made in accordance with the procedures provided by Article 712-8. If the rehabilitation of the sentenced person appears to have been achieved, the court may, by judgment given in accordance with the procedures laid down by Article 712-6, terminate these obligations. If the behaviour or personality of the sentenced person justifies it, it…

In the event of non-compliance by the sentenced person with the obligations and prohibitions imposed, the sentence enforcement judge may, in accordance with the procedures laid down by article 712-6, withdraw all or part of the sentence reductions from which he or she has benefited and order his or her re-incarceration. The provisions of Article 712-17 shall apply. The sentence enforcement judge warns the sentenced person that the measures provided…