The House approved a bill facilitating the construction of penitentiary centers

Communiqué from the Chamber of Deputies of Chile

This press release was published in English using an automatic translation system

After two analysis sessions, the Chamber of Deputies approved the project that exempts from procedures and reduces the deadlines for the alteration, expansion, repair and construction of new penitentiary establishments ( bulletin 17312 ).

The initiative, which passed to the Senate for its second reading, establishes that this regulation will apply to those establishments that the President of the Republic determines through a duly substantiated supreme decree. This comes after the Constitutional Committee replaced the government's proposal detailing the penitentiary centers to be repaired and built.

It also indicates that the Ministry of Public Works ( MOP ) will be responsible for prioritizing the necessary procedures for the execution of the projects. It adds that the awarding of concession contracts will be carried out by means of a reasoned supreme decree from the Ministry. This decree will be issued under the formula "by order of the President of the Republic" and must also be signed by the Minister of Finance.

Additionally, the MOP will determine mitigation and compensation measures for the area where a penitentiary facility is established, outside the Environmental Impact Assessment System. Likewise, this is without prejudice to other programs under other ministries.

The Ministry of Social Development and Family must prioritize reports on technical and economic evaluations of social profitability. This will be in accordance with the requirements of the Public Works Concessions Law for the development of these projects. Thus, a maximum period of 30 business days has been established, counting from the date the information is received by the Ministry.

Furthermore, the initiative stipulates that projects for the alteration, expansion, or repair of penitentiary facilities will be exempt from Environmental Impact Assessments. Now, for new facilities that must undergo the Environmental Impact Assessment System, the established deadlines will be reduced by half.

It adds that, after these legal deadlines have elapsed, the environmental qualification resolution will be waived, and the project will be deemed approved. This will be done in accordance with the terms proposed in the environmental impact statement or study and their respective addenda, if any.

Furthermore, during the process in the Constitutional Commission , it was added that , once a project for the construction of a new penitentiary establishment has been approved, in its environmental aspect, it can only be invalidated by an official letter from the administrative authority.

The approved regulation also establishes that the projects referred to in this law must be declared to be of public interest. Within this framework, the time periods established for processing all permits, authorizations, or rulings within the jurisdiction of state administrative bodies required for their execution must be reduced by half. This includes acts of challenge, annulment, invalidation, or administrative claim. At the same time, it establishes that if the administration does not issue a ruling within the resulting period, the project will be deemed approved.

Finally, the proposal stipulates that the Ministry of Justice and Human Rights must report quarterly to Congress on the progress, implementation, and deadlines of projects related to this law.

The project was presented in the Chamber by Representative Gustavo Benavente (UDI). The following representatives participated in the debate: Diego Schalper (RN), Raúl Leiva (PS), Agustín Romero (PREP), Lorena Fries (FA), Hotuiti Teao (IND), Andrés Jouannet (AMA), Marta Bravo (UDI), María Luisa Cordero (IND), Felipe Camaño (IND), Emilia Schneider (FA), Cristián Araya (PREP), Camila Musante (IND), Daniel Lilayu (UDI), Leonardo Soto (PS), Andrés Longton (RN), Alejandro Bernales (PL), Yovana Ahumada (IND), Miguel Ángel Calisto (IND), Alejandra Placencia (PC), Roberto Arroyo (PSC), Gaspar Rivas (IND), Héctor Ulloa (IND), Marcela Riquelme (FA), Nelson Venegas (PS), Luis Sánchez (PREP), Marlene Pérez (IND), Francisco Undurraga (Evópoli), Emilia Nuyado (PS), Camila Flores (RN), Gustavo Benavente (UDI), Diego Ibáñez (FA), José Carlos Meza (PREP), Daniela Serrano (PC), Leonidas Romero (IND), Marcos Ilabaca (PS), Enrique Lee (IND), Carlos Bianchi (IND), Johannes Kaiser (IND), Hernán Palma (IND), Consuelo Veloso (IND), Marta González (IND), Chiara Barchiesi (PREP), Félix González (IND), Hugo Rey (RN), Sebastián Videla (IND), Jaime Naranjo (PS), Miguel Mellado (RN), Juan Carlos Beltrán (RN) and Bernardo Berger (IND).

Following the report, the first to speak was Justice Minister Jaime Gajardo. He revealed the seriousness of the overcrowding situation in the country's prisons. He stated that there are currently nearly 60,000 people incarcerated, reaching a 141% occupancy rate.

Given this situation, he praised the work carried out by the Constitutional Committee to process the initiative. Several parliamentarians, meanwhile, emphasized their presence in the Chamber to address the concerns raised throughout the debate.

DEBATE

In general terms, legislators appreciated the fact that the law reduces the timeframes for developing these projects. In particular, they considered the shortcomings existing in penitentiary centers in different regions of the country. They also highlighted the inadequate conditions for both inmates and Gendarmerie personnel.

However, some called for environmental and social impact assessments of new facilities to be considered. Several members of parliament spoke out against the expansion or extension of the Santiago 1 center. The lack of dialogue with the affected communities was also criticized.

Similarly, some protested against expanding the scope of the project and not limiting it to the original list proposed by the government. They also emphasized the need to advance the social reintegration of inmates and to comprehensively address the crime phenomenon.