Chapter III: Security detention and surveillance

The situation of the persons mentioned in Article 706-53-13 is examined, at least one year before the date set for their release, by the multidisciplinary committee on security measures provided for in Article 763-10, in order to assess their dangerousness. To this end, the commission requests that the person be placed, for a period of at least six weeks, in a specialised department responsible for observing detainees for the purposes…

The decision to impose a detention order is taken by the regional detention court with territorial jurisdiction. This court is composed of a chamber president and two councillors of the court of appeal, appointed by the first president of this court for a term of three years. This court is referred to for this purpose by the public prosecutor, on a proposal from the multidisciplinary committee on security measures provided…

The security retention decision is valid for a period of one year. Security retention may be renewed, after a favourable opinion from the multidisciplinary commission on security measures, in accordance with the procedures set out in article 706-53-15 and for the same period, provided that the conditions set out in Article 706-53-14 are still met.

After a period of three months from the final decision on detention, the person placed in detention may apply to the regional detention court for the measure to be terminated. The detention is automatically terminated if the court has not made a decision within three months of receiving the request. If the application is rejected, no further application may be made until three months have elapsed. The decision of this…

The regional court for secure detention shall automatically order that secure detention be immediately terminated if the conditions set out in Article 706-53-14 are no longer met.

If secure detention is not extended or is terminated pursuant to articles 706-53-17 or 706-53-18 and if the person presents risks of committing the offences mentioned in article 706-53-13, the regional secure detention court may, by the same decision and after an adversarial hearing during which the person is assisted by a lawyer chosen or appointed by the court, place the person under secure surveillance for a period of two…

The provisions of this chapter do not apply to a person who has been released on parole, unless this measure has been revoked. When security detention is ordered in respect of a person who has been sentenced to socio-judicial monitoring, this applies, for the period set by the sentencing decision, from the day on which the detention ends.

Security detention and security surveillance are suspended by any detention that occurs during their execution. If the detention exceeds a period of six months, the resumption of secure detention or secure surveillance must be confirmed by the regional secure detention court no later than three months after the cessation of detention, failing which the measure will be terminated automatically.

A decree in the Council of State shall specify the conditions and procedures for the application of this chapter. This decree specifies the conditions under which the rights of persons held in a socio-medico-judicial security centre are exercised, including with regard to employment, education and training, visits, correspondence, the exercise of religion and permission to leave under escort or mobile electronic surveillance. He may only impose such restrictions on the…