DIFFERENTIATED MEASURES AND HOUSE ARREST IN BOLIVIA

SCOPE AND VULNERABILITY CRITERIA

The penal enforcement framework provides for differentiated treatment to protect the integrity and dignity of persons in situations of special vulnerability. Common eligible cases include:

• Women deprived of liberty, with specific guarantees for accommodation and access to programs.
• Individuals over the age of sixty.
• Persons with delicate health conditions (valetudinarians), supported by certified medical reports.

These measures do not imply impunity. They represent controlled forms of sentence enforcement, subject to clear conditions and periodic evaluations.

SEPARATION AND FACILITIES FOR WOMEN

Sentences imposed on women must be served in specialized facilities or in sections separated from male inmates. This system protects physical and psychosocial integrity and ensures:

• Gender-sensitive programs (healthcare, maternity, violence prevention).
• Equal access to paid work and educational opportunities.
• Proper classification based on criminological profiles and support needs.

This separation goes beyond physical space—it involves active policies of equality and non-discrimination under the progressive regime model.

HOUSE ARREST: REQUIREMENTS AND LIMITS

House arrest is permitted when the sentence does not exceed two years and vulnerability conditions are verified (such as women, the elderly, or those in poor health). Key considerations include:

• Exceptional and regulated nature: It is not automatic; a comprehensive case assessment is required.
• Technical evaluation: Medical and psychosocial reports must demonstrate necessity and feasibility.
• Compliance conditions: A suitable residence, conduct rules, monitoring capabilities, and home verification visits are required.
• Revocation: Failure to meet obligations or changes in circumstances can lead to re-entry into a correctional facility.

HOW TO REQUEST HOUSE ARREST

Accessing this measure involves:

• A well-founded petition submitted by the defense or interested party.
• Technical reports (health, social work, criminology) and a legality control hearing.
• A reasoned decision by the enforcement judge, with follow-up indicators (periodic reports, home inspections).
• Review based on new developments (worsening/improving health, incidents, rule compliance).

COMPLEMENTARY RIGHTS AND GENDER APPROACH

Enforcement must integrate human dignity, equality, health, education, and labor with the goal of reintegration. In all cases:

• International standards on dignified treatment, classification, and material conditions apply.
• Opportunities for certified training and employment are encouraged, whether inside the facility or through allowed activities at home.
• Specific risks are addressed (violence, mental health, maternity/paternity, caregiving responsibilities).

In summary, Bolivia’s penal enforcement system recognizes differentiated modalities to protect vulnerable groups—combining appropriate separation for women with house arrest options for short sentences and objective risk conditions—always under judicial control and with technical assessments ensuring legality, safety, and reintegration.