occupancy capacities. What such a mechanism, which might be termed "prison regulation", comes
down to is factoring prisons' occupancy capacities into sentence enforcement decisions. When
grounded in local initiatives, this works, and it therefore appears advisable to extend this mechanism
by incorporating it in the legal system.
A prison regulation mechanism, enabling account to be taken of prisons' occupancy capacities
in legal decisions, must be incorporated into the legal system.
1.1.3
Questioning the logic behind very short sentences and keeping people whose
health is failing in prison
Two categories of prisoners come into the equation as far as questioning the logic behind sentences
is concerned: those given very short prison sentences and those whose health or age is incompatib le
with being kept in prison.
Offenders serving very short prison sentences in a conventional penal
institution do not stay long enough for the prison rehabilitation and probation
service to become familiar with their file and set up effective rehabilitation
measures. This situation is only made more difficult in an overcrowded
institution. For these people, encountered in all remand prisons, placement in
detention cannot serve any useful purpose as regards rehabilitation – and can
even have negative consequences because of the upheavals it can lead to on
several fronts (in terms of family ties, housing, employment, training, social
ties and so on) – and because of the "link" that this can create with the world
of crime.
What is more, one might also question what interest there is for the public finances in
placing, for just a few weeks, people who sometimes present themselves to the security forces
simply when summoned, in a system where security is particularly costly and designed for more
serious crimes.
Over 2016, the CGLPL also encountered prisoners whose advanced age or failing health
hardly seemed compatible with keeping them detained. These include very elderly prisoners who,
as is increasingly the case, are serving their first prison sentence, or younger people in poor health.
Some of them never leave their cell, nor even their bed at times. And yet care arrangements for
their disability whilst in detention are woefully insufficient. Sometimes their detention is prolonged
simply because there is no other alternative accommodation option. The detaining of such people
is a burden on the problem of overcrowding, and the insufficient care they receive can only lead to
their health deteriorating that much more quickly. This particular case must therefore be addressed,
but sentence enforcement judges and the prison administration, however willing (and on this point
they can usually be relied upon), are not managing to find any satisfactory solutions at local level
because of the lack of any comprehensively defined policy.
The CGLPL recommends conducting a systematic policy aimed at looking for accommodation
options tailored to people handed out very short prison sentences and prisoners whose
advanced age or failing health is incompatible with being kept in detention.
1.2
The real estate policy of the prison administration, focusing on the creation
of new places, does not guarantee sufficient maintenance to ensure that
prisoners continue to be accommodated under acceptable conditions.
Quite apart from the increase in number of prison places, it is only indirectly, through a discussion
on budgetary difficulties, that the Minister of Justice's report touches on a question that is
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