Finding that no progress had been made in this area in three years, the CGLPL had reiterated
this proposal and decided to delve more deeply into the living conditions of mothers imprisoned
with their young children.
2.5.1
Following the opinion of 8 August 2013, legislative changes have been introduced
Article 25 of the Act of 15 August 2014 on sentencing according to individual offender
requirements and improving the effectiveness of criminal sanctions introduced several measures in
favour of pregnant women and people with custody of a child, which entered into force on 1
October 2014:
-
building on the principles governing sentence enforcement, the new Article 708-1 of the
Criminal Procedure Code requires the Public Prosecutor and the Judge responsible for
the enforcement of sentences, when a convicted female prisoner is more than twelve
weeks pregnant, to take this into account when enforcing the prison sentence
pronounced against her. The purpose of these provisions is to avoid the imprisonment
of pregnant women;
-
Article 720-1 of the Criminal Procedure Code provides for an extension from two to
four years of the maximum remaining sentence allowing a suspended sentence for family
reasons, when the convicted person has parental responsibility over a child under ten
years of age who usually lives with said person, or is a woman who is more than twelve
weeks pregnant;
-
the aforementioned Act also provides that the release on parole stipulated in Article
729-3 of the Criminal Procedure Code, known as "parental release on parole", which
used to concern convicted persons with parental responsibility over a child under ten
years of age who usually lives with said parent, now also benefits women who are more
than twelve weeks pregnant;
-
lastly, this Act amends Articles 723-1 and 723-7 of the Criminal Procedure Code which
expressly extends to encompass parental release on parole the day parole measures,
placement in an external facility or electronic tagging prior to release on parole.
Accordingly, a convicted person who has parental responsibility over a child under ten
years of age or is more than twelve weeks pregnant and who has five years or less left
to serve on their sentence, can benefit from one of these prison measures, prior to
release on parole, for one year or less, whether or not in detention.
The prison administration nevertheless draws attention to the fact that a certain number of
female prisoners who have their young children with them are fragile and isolated people, for whom
the issue of mother-child accommodation and the need for educational support imply considerable
planning which can prove to be an obstacle to the pronouncement of sentence adj ustments. It
particularly points out in this regard that some institutions have forged constructive partnerships
with the health and social services. It must be said, though, that the examples given, the women's
remand prison in Fleury-Mérogis and the women's prison in Rennes, are large institutions, highly
specialised in practices concerning the imprisonment of women, and it is not certain that the means
at their disposal are accessible to smaller institutions. The CGLPL has particularly found that when
mother-child wings are too small, they are often not satisfactorily run. As a result, a relevance
balance needs to be found between the territorial distribution of such wings and the critical size for
having sufficient means.
The CGLPL duly notes the improvements indicated with satisfaction.
63
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