Draft bill 34.

Summary.

The draft bill establishes the Food Production Program in Correctional Facilities to contribute progressively to food supply, the use of public resources allocated to meals, and the training and social reintegration of incarcerated people. The Ministry of Government (Ministerio de Gobierno) would select facilities based on technical, operational, budgetary, health and security feasibility. Through the General Directorate of the Penitentiary System (Dirección General del Sistema Penitenciario), it would direct, plan and supervise the program, coordinating with the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario) and the Ministry of Health (Ministerio de Salud). Its objectives include expanding production, building institutional capacity and using available areas sustainably. Agricultural, livestock, poultry, aquaculture, hydroponic, aquaponic and protected agriculture systems could be used according to each facility’s conditions, alongside practices such as efficient irrigation and composting.

Implementation would begin with a pilot phase at the Chiriquí Correctional Facility (Centro Penitenciario de Chiriquí), which would remain in the program afterward. The Ministry of Government would prepare production areas and could arrange technical cooperation with academic institutions, research centers, training bodies, nongovernmental organizations and the private sector. After the first twelve months of operation, it would assess production, the share of food supply covered, costs, productivity, conditions for expansion, environmental effects and training outcomes. Other facilities would subsequently join according to feasibility criteria. Production areas, whether inside or outside facilities, would require a technical assessment by the Ministry of Agricultural Development, maintenance, and the infrastructure and supplies needed for production.

The Ministry of Government would set criteria for incarcerated people’s participation based on penitentiary classification, conduct, health and risk assessment. It would organize activities under the applicable penitentiary rules and coordinate technical assistance. Participation would be educational, productive and occupational and would create no employment relationship. The bill provides for training in food production, food safety and occupational safety, possible participation credentials, and university agreements for academic internships and practical work by students in the final two years of related degree programs, without employment obligations. Activities would have to respect dignity, human rights, health and security. Participation could not be used as discipline, made conditional on the exercise of rights, or involve exploitation or cruel, inhuman or degrading treatment. Food production and handling would be subject to applicable food safety, agricultural health and biosecurity rules, with assistance from the Ministry of Health and the Ministry of Agricultural Development.

Food would be used first as a supplementary supply for participating facilities, without replacing the State’s duty to provide adequate food. The Ministry of Government would distribute output according to needs and availability. Surpluses could be sent to other facilities, delivered to food banks or State social programs, or sold. In public contracts for supplying food to correctional facilities, tender documents would require contractors to give priority to purchasing program output that meets technical, health, quality and availability requirements; prices would follow objective market criteria. Sales proceeds would form the Self Management Fund for Penitentiary Food Production (Fondo de Autogestión para la Producción Alimentaria Penitenciaria), administered by the Ministry of Government and used exclusively for the program. Production and traceability records, an annual report on supply, spending and efficiency, and assessments at least once a year would also be required, without automatically reducing food budget allocations.

The program would be funded through the Ministry of Government’s institutional budget. The Ministry of Economy and Finance (Ministerio de Economía y Finanzas) could consider its results in budget planning. Cooperation agreements would be permitted; donated property would become State property and be recorded and administered by the Ministry of Government. Competent public bodies would provide technical cooperation. The Executive Branch (Órgano Ejecutivo) would issue implementing regulations within three months of the law’s entry into force, set for the day after its promulgation in the Official Gazette. The proposal concerns penitentiary, agricultural, health and budget authorities, as well as food suppliers, universities, social organizations, and the agricultural and food production sectors.