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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: Despite recent progressive reforms regarding alternatives to imprisonment, prison overcrowding still persists in France. Thus, the Ministry of Justice in France, is gathering information regarding the state of play on Alternatives to pre-trial detention in Europe and on prison regulation systems, and would like EuroPris members help to collect this information to have an overview of the situation in Europe.
Of course there is. Overcrowding is absolutely avoided, and modern prisons (so-called Tipo) have promoted normal life in that regard. Each prison has its own capacity, and prison population should never exceed established rates.
Is it written in the law?Both Prison Rules and Organic Law include considerations concerning prison population rates and number of people sharing cells, as well as structure of units and modules.
Is there any legal regulatory mechanism implemented in your jurisdiction ?The legal regulatory mechanism are the ones including in the Law and/or prison rules. At the moment, prison population in Spain keeps on decreasing, and no overcrowding is observed. On the other hand, alternative measures are growing year after year, which promotes community integration.
Does your jurisdiction has chosen to ban short prison sentences or to implement some kind of mandatory early release?At the moment, the newest internal directive aimed at open-regime is clear in that regard. Some short prison sentences, in primary offenders, with crimes committed long years ago, could serve their sentence in an open-regime center from the very beggining, avoiding the entrance into ordinary prison.
What are the good practices implemented in your jurisdiction to favor community sentences over prison sentence?The one mentioned in the previous question. The direct entry into open-regime prison and, concerning the alternative measures to prison, the promotion of community sentences (so-called community services) by the Courts. These alternative measures to prison are managed from the Social Insertion Centres and imply no prison at all.
No
Is it written in the law?-
Is there any legal regulatory mechanism implemented in your jurisdiction ?No
Does your jurisdiction has chosen to ban short prison sentences or to implement some kind of mandatory early release?There is no ban on short sentences. In sweden all prisoners are conditionally released after 2/3 of the prison sentence, unless the SPPS decides to postpone the release due to the prisoners misbehavour during the sentence.
What are the good practices implemented in your jurisdiction to favor community sentences over prison sentence?-
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There is no occupancy threshold in the Slovak Republic, based on which the admission of inmates would be suspended.
Is it written in the law?-
Is there any legal regulatory mechanism implemented in your jurisdiction ?When choosing the type of the sentence or restricting personal liberty by using pre-trial detention, the court is not bound by the situation in prison facilities (i.e. by the current number of inmates).
Does your jurisdiction has chosen to ban short prison sentences or to implement some kind of mandatory early release?The current legislation does not limit the court in imposing a prison sentence with the minimum lower limit of the sentence (so, short prison sentences are not banned). However, on the other hand, we are currently cooperating on the preparation of an amendment to the Criminal Code that will introduce a mixed system of the conditional release - in addition to the currently existing discretionary model of the conditional release (conditional/discretionary release), a system of automatic conditional release - mandated system (mandatory/statutory release) - will be introduced for first-time convicts serving a prison sentence of up to 12 months for committing less serious types of criminal offences. These convicts will be automatically conditionally released after half of their sentence has been served, provided that they have no disciplinary punishment recorded.
What are the good practices implemented in your jurisdiction to favor community sentences over prison sentence?-
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The Irish Prison Service has a capacity figure which has been agreed in conjunction with the Inspector of Prisons. However, the Irish Prison Service does not have the option of refusing committals and must accept all prisoners who are committed by the Courts Service.
Is it written in the law?No, it is not written into law. The Law of the Courts i.e. a court warrant committing a person into custody has to be executed.
Is there any legal regulatory mechanism implemented in your jurisdiction ?No
Does your jurisdiction has chosen to ban short prison sentences or to implement some kind of mandatory early release?The Prison Rules 2007 (Rule 59) provide for remission of 25% of sentence earned by good conduct. This is applied automatically when a prisoner’s sentence is calculated and applies where there is a defined sentence length. This does not include life sentenced prisoners or indefinite contempt of court. The Minister may also grant additional remission up to one third of sentence where prisoners have shown further good conduct by engaging in authorised structured activity which the Minister believes will render the prisoners less likely to re-offend and better able to reintegrate into the community. In terms of temporary release, the Community Return Scheme is an initiative whereby carefully selected prisoners, serving sentences from one to eight years, can be granted reviewable temporary release coupled with a requirement to do community service work.
What are the good practices implemented in your jurisdiction to favor community sentences over prison sentence?The Criminal Justice (Community Service) (Amendment) Act 2011, requires judges, when considering imposing a sentence of imprisonment of 12 months or less, to first consider the appropriateness of community service as an alternative to imprisonment. The Community Support Scheme is a scheme available to selected prisoners serving between 3 months and 12 months who will link in with services in the community. The Probation Service piloted Integrated Community Service in 2016, the model allows for the use of up to one third of Community Service hours to facilitate participants’ attendance at programmes that address the issues connected with their offending behaviour, i.e. education/training, addiction/drug treatment, counselling, community work and group work. The Joint Agency Response to Crime (JARC) project which is in operation since 2016 involves an intense and highly collaborative approach by agencies to the supervision and rehabilitation of prolific offenders in particular areas of Dublin and beyond. The Fines (Payment and Recovery) Act 2014, was enacted in April 2014 and commenced on 11 January 2016. It will ensure that there are sufficient alternatives available to courts to reduce the need to commit anyone to prison for the non-payment of fines.
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The main rule is that the number of inmates does not exceed the number of cells build in the facilities. In certain periods we have had too many convicted persons ready to serve their sentences. To handle this situation the prisons have made lists and made priorities for inmates with lower risk to wait in the ordinary society for a vacant prison cell. This has created a “waiting list” – “sentencing -que” for convicted persons. We have also had a low number of cells, furnished with two beds – duplicates- for a temporary periode of time. Both of these initiatives have negative consequenses. Two inmates in the same cell can result in violent situations, negative health and hygienic problems. The staff can be facing larger problems in case a need to evacuate the cell. The other initiative, the sentencing-que, have been a reality for several years. Firstly the politicians and the general public have accepted the situation, as long as we have been able to select who can be waiting for the start of the sentencing. The convicted persons do not like this delay due to the uncertainty of their future. In this situation the correctional service has increased the development and innovation of communitive sanctions. This have been going on for a number of years and under different colours of political governments.
Is it written in the law?In the act relating to the execution of sentences, § 17 it is said :“Inmates shall be placed in a single room at night unless health conditions or lack of space prevent this.”
Is there any legal regulatory mechanism implemented in your jurisdiction ?The mechanism of deciding the reactions of crimes is given the courts. Preparations for the court case includes in many cases a social inquiry relating to the person charged. The prosecuting authority is given the duty to order this report, but the interview and practical job is being carried out by correctional service (the probation service). The Correctional service are responsible for transferring the prison inmate from the closed prisons stepways into the society towards release. The condition for this progressive regime is given the correctional service- herby a very close collaboration between prison and probation professionals. In case of breaches, a quick response and possible return of the convicted to stricter regimes the responsibility is mainly given the correctional service, but we have a close binding with local police and prosecution authorities. In some cases breaches on conditions of community sanctions is under the authority of the prosecutors and the following procedure of the case in court. Legal staff (Master degree) is employed in all local parts of the correctional organization , prisons and probation offices, ensuring legal procedures of the cases.
Does your jurisdiction has chosen to ban short prison sentences or to implement some kind of mandatory early release?Shorter prison convictions executed in prisons have been reduced the last years due to the opportunity to let the convicted persons serve the sentences at home with a electronic bracelet. The decision to execute the sentence from prison to community is given the correctional service, alike the traditional authority given the correctional service for all prison sentences where inmates can be transferred to open facilities or prerelease conditions. This authority for the correctional service changing a verdict from prison to sommunity service ( Electr. monitoring) is defined in written law. The experiences are very good, with a rate of fulfilled sentences without breaches of 4,4% and 95,6% succeeded the execution of the sentence. Change in our legislation is an important but not the only factor for the development. The number of cases have since 2010 increased from 900 to 3100 in 2020. The number of new inmates in prison have been reduced in the same periode from a total of 8200 in 2010 to 3800 in 2020. We see that the number of inmates in prisons with longer convictions have increased the last years. This indicates that the shorter sentences have been reduced, the court might give longer sentences in the more serious cases. Police have made better and other priorities investigating the more serious crimes, especially the IT-related crimes of finance and sexual abuse, and the health service takes more responsibility for a better treatment of drug abusers.
What are the good practices implemented in your jurisdiction to favor community sentences over prison sentence?• New legislation • All parties in the Parliament have mainly supported the development. • Open and respectful relations among the parties of criminal chain; The police, the prosecution, the courts and the correctional service. • Decision- authorization to the correctional service to choose the convicted persons for EM. • Qualified staff with high competence in the probation service. They relate to the role of sentencing/ criminal execution, and combine this with social need for the convicted persons. • Breaches of community sentencing have been given high priority in the correctional service as well as in the collaboration with police and prosecutors. • Creating a relation with the convicted person how to execute the sentence in the best possible way for his/ her part too. • Making the convicted person feel the integration with society. • Separate the punishment and execution of the sentence from individual social care and social rights. Emphzising the benefits of community sentences with social and human issues like ability to keeping up the job and income, education, relation to family, tax paying member of society, Reflecting on elements like traditional old fashion punishment, reconviction rate, convicted persons responsibility in their own lifes and in the society.
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