The present investigation outlines in its first chapter the dogmatic and conceptual foundations that support the administrative and patrimonial Responsibility of the State for the damages caused to the persons deprived of liberty for the rendering of the health services in the Penitentiary and Prison Centers in Colombia. Although it is true that in accordance with the provisions established in the first paragraph of Article 90 of the Constitution, for the declaration of state responsibility to proceed, it is necessary that a service failure be presented, due to omission, inefficiency or lack of service. It is also noted that, in some cases, although the failure of the administration and the damage is causally linked, this situation is not sufficient for the right to compensation to arise, since it is essential that such damage be attributable to the Administration . The budgets of the extracontractual responsibility of the State, depend on the analysis of the Jurisdiction of the administrative contentious to determine the applicable regime in each particular case. In this sense, to declare the responsibility of the State different budgets are studied, establishing for the case of the subjective regime also called liability with failure or lack, a harmful event characterized by the action or the omission of the public authorities and for the case of the regime objective, the deficiency in the provision of the service by virtue of the administrative action. The jurisprudence of the administrative contentious has maintained that the title of imputation applicable to the damages that are come to cause to the people deprived of the freedom is of objective nature; It should be noted that in some cases, the imputation title applicable to the damages suffered by the inmates, derived from the provision of the health service by the prison establishment will be of a subjective nature based on the failure of the service, based on the application of the services rendered to persons deprived of liberty as subjects who are in a particular situation, under the same conditions of quality, opportunity, effectiveness and efficiency as those who are not, by virtue of the relations of special subjection to the State. By virtue of the Relations of Special Subjection, the State is responsible for protecting the rights of persons deprived of liberty, whose guarantee or satisfaction they can not procure for themselves.