PRESENTATION ITALIAN PRISON SYSTEM. Italia, LPPS November 2010

Transcription

1 PRESENTATION ITALIAN PRISON SYSTEM Italia, LPPS November 2010

2 The bodies ORGANIZATION CHART OF PRISON SYSTEM MINISTRY OF JUSTICE (1) DEPARTMENT OF PRISON SYSTEM ADMINISTRATION (1) REGIONAL DEPARTMENTS OF PRISON SYSTEM ADMINISTRATION (16) PENITENTIARY INSTITUTES (207) OFFICES OF OUTSIDE CRIMINAL ENFORCEMENT (80)

3 Legislation ITALIAN CONSTITUTION LAW OF JULY 26 th 1975, no. 354 RULES ON PRISON SYSTEM AND ON THE IMPLEMENTATION OF MEASURES OF FREEDOM DEPRIVATION AND RESTRICTING LAW OF OCTOBER 10 th 1986, no. 663 AMENDMENTS TO LAW ON PENITENTIARY SYSTEM AND ON THE IMPLEMENTATION OF MEASURES TO DEPRIVE OR LIMIT FREEDOM DECREE OF PRESIDENT OF THE REPUBLIC OF JUNE 30 th 2000, no. 230 REGULATION STANDARDS ABOUT RULES ON PRISON SYSTEM AND ON THE IMPLEMENTATION OF MEASURES OF FREEDOM DEPRIVATION AND RESTRICTING

4 The principles and the rehabilitation treatment Principle of rehabilitative purposes of punishment Punishment cannot consist in inhuman treatment and must aim at re-educating the convicted (Constitution, third paragraph of article 27)

5 The principles and the rehabilitation treatment Rehabilitation = recovery of the prisoner to a life in society Methodology = scientific observation of personality Involved Subjects = prisoner and equipe EQUIPE EDUCATOR COMMANDER OF PRISON GUARD DIRECTOR OF THE INSTITUTE SOCIAL ASSISTENT OF U.E.P.E. EXPERTS

6 The principles and the rehabilitation treatment SCIENTIFIC OBSERVATION OF PERSONALITY TREATMENTAL DEAL = It offers direct interventions to support human, cultural and professional interests of the offender, to start a process of modification of personal conditions and attitudes, as well as family and social relations that are obstacles to a constructive social participation INTRA-MURAL EXTRA-MURAL

7 The principles and the rehabilitation treatment The elements of intra-mural treatment, ie the main instruments through which to pursue the aim of re-socialization, are: THE ELEMENTS OF TREATMENT WORK EDUCATION RELIGION CULTURAL, SPORTING AND REABILITATIVE ACTIVITIES CONTACT WITH EXTERNAL WORD RELATIONS WITH FAMILY

8 Strengths REHABILITATIVE PURPOSES OF PUNISHMENT INDIVIDUALIZATION OF TREATMENT AND DIALECTIC BETWEEN INSTITUTION/DETENTION INVOLVEMENT OF EXPERTS (such as educators, social workers, other professionals) PROVISION OF ALTERNATIVES MEASURES TO DETENTION OPENNESS TO EXTERNAL COMMUNITY PARTICIPATION

9 Weaknesses EXCESSIVE USE OF CUSTODY OVERCROWDING OF PENITENTIARY INSTITUTES PROMISCUITY AMONG DIFFERENT LEGAL POSITIONS LACK OF STAFF (especially for custody) LIMITED USE OF SPECIALIZED EXPERTS, SUCH AS LINGUISTIC-CULTURAL MEDIATOR SCARCITY OF JOBS AVAILABLE FOR PRISON POPULATION

10 Data Excessive use of custody The pre-trial detention, namely the restriction of liberty before the final sentence, could be ordered only when all other measures prove inadequate. However, this principle, known as a last resort (extrema ratio) is challenged by data on legal situation of people detained in Italian prisons: 43.6% of prison population, in fact, consists of defendants (Table 1) and it s the European record:

11 Table 1: Prisoners for judicial position Situation at October 31 st, 2010 Region of detention Pending first judgment Imputati Appellants Resorted Mixed (*) Total Defendants Sentenced people Interned people To set (**) Total Abruzzo / Basilicata / Calabria / Campania Emilia Romagna Friuli Venezia Giulia / / 886 Lazio / Liguria Lombardia Marche / Molise / / 458 Piemonte / Puglia Sardegna / Sicilia Toscana Trentino Alto Adige / / 402 Umbria / Valle d'aosta / / 283 Veneto / Total detainees Source: Revision of the Penitentiary Administration Department data - Office for the development and management of automated information system and automation support departmental statistics - Statistics Section.

12 Data Overcrowding of penitentiary institutes Through 170 years of Italian history (from unification of Italy to today), so many prisoners in Italian prisons have never been recorded. The last official count of Penitentiary Administration Department speaks to people held in 207 institutions of the country. Compared to actual seats, the detainees are about 24 thousand more (Table 2).

13 Table 2: : Prisoners and regular capacity of prisons - Situation at October 31 st, 2010 Region of detention Number of Institutes Regular Capacity Total Prisoners Abruzzo Basilicata Calabria Campania Emilia Romagna Friuli Venezia Giulia Lazio Liguria Lombardia Marche Molise Piemonte Puglia Sardegna Sicilia Toscana Trentino Alto Adige Umbria Valle d'aosta Veneto National Total Source: Revision of the Penitentiary Administration Department data - Office for the development and management of automated information system and automation support departmental statistics - Statistics Section.

14 Data The current prison overcrowding emergency also involves structures in Calabria, in which people were detained on October 31 st 2010, compared with a regulatory capacity equal to units (Table 3): Table 3: Prisoners and regular capacity in Calabria Region - Situation at October 31 st, 2010 Region of detention Number of Institutes Regular Capacity Total Prisoners Calabria National Total Source: Revision of the Penitentiary Administration Department data - Office for the development and management of automated information system and automation support departmental statistics - Statistics Section.

15 Prisons in Calabria Region are 12 (Figure 1): Figure 1: Prisons in Calabria 1) Home District of Castrovillari (CS) 2) Home District of Catanzaro; 3) Home District of Cosenza; 4) Home District of Crotone; 5) Home District of Lamezia Terme (CZ); 6) Home confinement of Laureana di Borrello (RC); 7) Home District of Locri (RC); 8) Home District of Palmi (RC); 9) Home District of Paola (CS); 10)Home District of Reggio Calabria; 11)Home confinement of Rossano (CS); 12)Home District of Vibo Valentia

16 Data Among these, there is the first experimental Institute on national territory with attenuated enclosure for prisoners without drug experience (the Home confinement Luigi Daga of Laureana di Borrello). In particular, it hosts young people aged between 18 to 34 years, who are resident in Calabria, in the first experience of imprisonment and with a low index of social dangerousness. In 2 of the 12 regional structures (Institutes of Castrovillari and Reggio Calabria), there are sections for the detention of women, who represents the 1,7% (53) of regional prison population (3.207), compared to a national average of over 4% (3.013 to ) (Table 4):

17 Table 4: Woman prisoners - Situation at October 31 st, 2010 Region of detention Number of Institutes Total Prisoners Woman prisoners Abruzzo Basilicata Calabria Campania Emilia Romagna Friuli Venezia Giulia Lazio Liguria Lombardia Marche Molise Piemonte Puglia Sardegna Sicilia Toscana Trentino Alto Adige Umbria Valle d'aosta Veneto National Total Source: Revision of the Penitentiary Administration Department data - Office for the development and management of automated information system and automation support departmental statistics - Statistics Section.

18 As just explained, the current prison overcrowding emergency also involves structures in Calabria. Particularly, the most critical situations are recorded in institutes of Lamezia Terme (CZ), which appears to be the third busiest institute of Italy (after Caltagirone and Mistretta, in Sicily), Locri (RC) and Castrovillari (CS) (Table 5): Table 5: Prisoners and regular capacity in Calabria Region - Situation at September 20 th, 2010 PRISON REGULAR CAPACITY PRISONERS DIFFERENCE Source: Revision of the Penitentiary Administration Department data - Office for the development and management of automated information system and automation support departmental statistics - Statistics Section. % OVERCROWDING RATE CC CASTROVILLARI (CS) ,69 CC CATANZARO ,28 CC COSENZA ,69 CC CROTONE ,33 CC LAMEZIA TERME (CZ) ,33 CR LAUREANA DI BORRELLO (RC) ,12 CC LOCRI (RC) ,28 CC PALMI (RC) ,29 CC PAOLA (CS) ,92 CC REGGIO CALABRIA ,24 CR ROSSANO (CS) ,51 CC VIBO VALENTIA ,58 Total ,32

19 Data Inevitably, this overcrowding negatively affects the quality of life within prisons in terms of: deteriorating health and sanitary conditions, growth of internal security problems, difficulty in achieving an effective rehabilitation treatment.

20 Data Promiscuity among different legal positions Overcrowding also leads promiscuity among different legal positions, ie between accused and sentenced people, and the risk of criminal infection, that is another critical point of Italian prison system. Lack of staff Another critical issue is represented by the lack of staff (especially of penitentiary police), which, like overcrowding, affects negatively the activities in favour of prison population, because security needs or participation of the detainees at trial or access to medical care outside the prison may not be lost.

21 Data Little recourse to the activity of linguistic-cultural mediation and the foreign population Referring to the shortage of staff, it must be recorded the low use of specialized experts, such as cultural mediators. Their use is more necessary if you consider that 37% of prison population is represented by foreigners (Table 6), which, from the majority of detainees, have a number of difficulties during the execution of the sentence: communication and understanding, both linguistic and cultural, absence of relationships with families, lack of means of economic support.

22 Table 6: Foreign prisoners - Situation at October 31 st, 2010 Region of detention Number of Institutes Total Prisoners Foreign prisoners Abruzzo Basilicata Calabria Campania Emilia Romagna Friuli Venezia Giulia Lazio Liguria Lombardia Marche Molise Piemonte Puglia Sardegna Sicilia Toscana Trentino Alto Adige Umbria Valle d'aosta Veneto National Total Source: Revision of the Penitentiary Administration Department data - Office for the development and management of automated information system and automation support departmental statistics - Statistics Section.

23 Data Scarce employment opportunities for prison population Among the major problems of prison system it can mention the lack of job opportunities for detained people, in relation to the legislation that gives to work in prison a central role between treatment elements aimed at rehabilitation of sentenced people. Only the 24% of prison population works in prison. This data is unchanged from a decade and, therefore, at least in the short term, it is not likely to increase. On the contrary, it suggests a sharp decline, because of the cuts in the last governmental economic intervention and the overcrowding that returned to alarming levels after a short breath linked with indulto (a reduction of sentence for specific types of crime).

24 Data The same considerations are not optimistic about the job duties performed by prison population: more than 80% of workers is involved in so-called institutional services, employed by prison administration. These are service jobs, houseworks (cook, assistant cook, responsible for distribution of meals, laundry worker, responsible for personal expenditure, warehouses) which from one hand represent an opportunity of employment, contributing at the same time to the functioning of the Institute, but from the other hand appear more misaligned with respect to the dynamics of free labor market. To understand their lack of ability to acquire skills and competencies to be used out from prison, it is useful to recall the name of some qualifications (responsible for distribution of meals, laundry worker, responsible for personal expenditure, etc.).