Procedure Code as follows: "[…] the prison administration has the option of automatically deducting amounts from the prisoners' disposable parts in compensation for material damage caused, without prejudice to the disciplinary and criminal procedures, if any. Sums that are found to be in irregular possession of prisoners – unless seized by order of the judicial authority – are also paid to the Treasury. The terms governing said deductions are stipulated by decree. […] ". An implementing decree no. 2016-1472 of 28 October 2016 has also taken up and amended the terms of Article D.332 of the Criminal Procedure Code: "Deductions of financial values in compensation for material damage caused in detention, mentioned in Paragraph 2, I, Article 728 -1, are pronounced by decision of the institution director. This decision mentions the deduction amount and sets out the settlement bases. The deduction amount is strictly necessary for compensating the damage observed. The decision is notified to the prisoner and the personal accounts' administrator. The latter deducts from the disposable part of the nominative account the sum mentioned in the institution director's decision. It pays the deducted amounts to the Treasury.“ The Chief Inspector notes with interest that this procedure is now provided for by law and shored up by a regulatory framework, but it is still paying close attention to the way in which th ese new provisions are being applied within prisons; careful vigilance will be paid to this point during visits. At the same time, on 4 November 2016 she once again called on the Prison Administration Department regarding this matter, particularly concerning the provisions for determining accountability for damage and for setting the compensation amount. No response has yet been forthcoming. That said, the Chief Inspector has read a note from the Prison Administration Department sent to the Interregional Directors for Prison Services dated 23 November 2016 on implementing the mechanism bearing on deductions and payments in favour of the Treasury. She particularly specifies that "regarding an unfavourable decision restricting exercise of the right to property," the provisions of Article L.121-1 of the Code governing relations between the public and the government departments are applicable to decisions concerning deductions of financial values. In this context, the note recalls that such decisions must only be taken once the prisoner has been able to present written observations and, where applicable, at the latter's request, spoken observations. The Chief Inspector notes that the recommendations sent to the Prison Administration Department on the determination of accountability for deteriorations and of the compensation amount have not been taken on board. 2.4 Application of the pension scheme specific to prisoners in the general service category The attention of the Contrôleur général des lieux de privation de liberté has been drawn to the failure to apply the special pension scheme – stipulated in Article R.381-105 of the Social Security Code and by the Prison Administration Circular of 30 March 2011 – concerning prisoners in the general service category. Pursuant to Article R381-105 of the Social Security Code, the requisite number of qualifying quarters is calculated according to specific rules regarding persons in the general service category. When the Social Security Directorate had been referred this difficulty, it discovered that the applicable fixed-rate base had not been declared, which had resulted in an error when calculating the amount of pension paid out. Fearing that the situation was not limited to one institution, the CGLPL, as part of its prevention mission, called on the Prison Administration Department so that verifications could be carried out on the declarations made. 75