Cdm, speeding up on “emptying prisons”: here’s what the draft decree provides
The Council of Ministers has approved the so-called “empty prisons” decree, with “urgent measures regarding penitentiary matters, civil and criminal justice and personnel of the Ministry of Justice”.
A decree law containing urgent measures on penitentiary and criminal matters and on the efficiency of the criminal process as well as on civil law and enforcement is among the measures on the agenda of the preparatory technical meeting called for 11 a.m. at Palazzo Chigi.
The draft decree, according to what Ansa has learned, provides for the establishment of a community register which will be able to accommodate certain types of prisoners – such as those with a low residual sentence, drug addicts and those convicted of certain crimes – where they will be able to serve out their sentences. But also the simplification and streamlining of procedures for granting early release (or alternative measures) which could become automatic and without the need for an application, net of certain profiles that prevent it. The provision also contains a series of rules on hiring staffbetween managers and prison police, in addition to training the agents themselves. An increase in the number of phone calls granted to inmates is also planned.
“In order to ensure a more effective reintegration of detained persons – reads an article in the decree – a list of residential facilities suitable for the reception and social reintegration of those who have the requirements to access community penal measures, but who do not have a suitable domicile and are in insufficient socio-economic conditions to provide for their own sustenance is established at the Ministry of Justice”. The residential facilities guarantee, “in addition to suitable residential reception, the provision of assistance services, professional requalification and social-work reintegration of residents, rehabilitation of drug-addicted prisoners or those with mental health problems, who have the requirements to access community penal measures”. The facilities included in the list, in the presence of specific availability to also accommodate subjects under house arrest, “can be considered a place of private residence”, reads the draft seen by AGI.
In the meantime, on July 17th the opposition-led bill proposed by Roberto Giachetti will return to the Chamber for the “Special Early Release”, and which provides for 75 or at least 60 days of sentence reduction every six months – instead of the current 45 – with the green light of the supervisory magistrate for those who have demonstrated good conduct and serious repentance. A proposal that the Keeper of the Seals is against. “The sentence reduction is a problem that has been discussed and I personally do not agree”, reiterated Nordio: “It is always a sort of defeat for the State if the sentence reduction means not an act of generosity but an act of surrender in the face of a situation that I consider tolerable”.
Alternative measures from the surveillance magistrate
And again: simplification and streamlining of the discipline of alternative measures that can be decided no longer provisionally, but definitively and more quickly by the supervisory magistrate, without going through the collegiate court. Reprogramming of the reform for the juvenile and family court.
Prisoners under 41 bis out of restorative justice
Changes also to the rules of the differentiated detention regime of the so-called 41 bis (the harsh prison for mafiosi and terrorists) with exclusion from access to restorative justice programs. The measure also provides for the modification of some provisions regarding the training of prison police officers. Introduction of a simplification mechanism compared to the current procedure for early release. Also foreseen is the increase in the number of phone calls from 4 to 6 per month with a further possibility of increase by the director for treatment purposes.
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