Section 4: Decisions taken after the prison administration has been given time to take corrective measures

No later than ten days after the expiry of the time limit set pursuant to Article R. 249-27, the judge shall take one of the decisions provided for in this section, after having again taken the observations and opinions provided for in article R. 249-25. Its order is notified under the conditions provided for in article R. 249-22.

If the judge considers that the conditions of detention contrary to the applicant’s dignity have been put an end to, he or she will find that there is no longer any need to rule on the merits of the application.

If the judge considers that the unworthy conditions of detention have not been put an end to, he shall take one of the decisions provided for in 1° to 3° of II of article 803-8. In the cases provided for in the last paragraph of II of the same article, the judge may refuse, by reasoned order, to take one of these decisions.

If the judge is considering ordering the applicant’s transfer pursuant to 1° of II of Article 803-8, the judge will ask the prison administration to propose, as soon as possible, one or more establishments in which the defendant may be incarcerated, in accordance with the provisions of articles L. 112-3, L. 211-1, L. 211-2 and L. 211-3 of the Penitentiary Code, in conditions that respect human dignity. The judge may…

If it decides to apply 3° of II of the article 803-8, the sentence enforcement judge may order, after consulting the public prosecutor and the prison administration representative, one of the measures provided for in III of article 707, even if the granting of the measure normally falls within the jurisdiction of the sentence enforcement court and without it being required to proceed with the debate provided for by the…