JUSTICE FOR ALL
2.7.3. RELEASE
The research has revealed that, in all partner
countries, persons with intellectual and/or
psychosocial disabilities are frequently not
assisted or offered services after their sentences reach an end. Furthermore, in prisons,
programmes aimed at facilitating reintegration
after release that may be available to some
detainees who are nearing the end of their
sentences, are often unsuited to the needs of
persons with intellectual and/or psychosocial
disabilities, or entirely unavailable to them. It
was reported that such persons have a higher
chance of not being taken care of by their
families, of ending up unemployed or even
homeless. Experts have reported that it is
very difficult for persons with intellectual and/
or psychosocial disabilities to leave prisons or
other institutions where security measures
are carried out. The reason is that in order to
be granted (conditional) release, there must
be a plan in place as to where the person can
go afterwards. A lack of social support system
or a lack of adequate housing options in the
community can negatively impact release
prospects. Generally, the research has not
revealed many promising practices with regard to post-release services for persons with
intellectual and/or psychosocial disabilities.
Halfway Houses, such as in Lithuania, have
been cited as potentially promising (see case
study in Annex 5). Half-way houses in Lithuania aim to ensure the continuity of the social
rehabilitation of detainees, facilitate their
employment activities (i.e., work, education,
studies), as well as the intensive preparation
for their release on parole. Although Halfway
Houses are not exclusively for persons with
intellectual and/or psychosocial disabilities
(around 3% of all detainees serve their
sentence in a half-way house), they are
considered to be beneficial for them for
several reasons: half-way houses have small
communities of detainees and the number
of staff is higher than in other detention
facilities; and half-way houses provide a wide
range of social and community activities and
the opportunity to strengthen relationships
with relatives and loved ones, as detainees
are able to go home on leave for up to two
days a week.
However, such placements are temporary
solutions, with the goal of leading to independent living in the community and may not be
suitable for some persons with intellectual and/
or psychosocial disabilities who are not able
to live independently. Similarly, in Germany,
there exist some forensic residential groups
used as aftercare facilities with follow-up
socio-therapeutic rehabilitation measures for
detainees in forensic hospitals. They provide
a living space for persons concerned and
support them in developing independence.
The move-in can already begin during the
ongoing detention in the clinic as a form of
trial housing. The duration of the stay usually
depends on factors such as supervision of the
person's conduct, supervision orders and the
person's stage of development.282
It has been mentioned – in Austria, Bulgaria,
Italy, Slovenia, as well as other countries –
that one of the major challenges is an ongoing
reluctance to (conditionally) release persons
from security measures. One of the main
reasons is the (fear of) “public denunciation
and critique” in cases of recidivism of persons
with intellectual and/or psychosocial disabilities who are released.283 In Italy, persons are
rarely released from the REMS directly into
the community; most released persons come
under other supervision measures instead,
often for a long time (see the case study in
Annex 4). This challenge also pertains to the
aforementioned forensic residential groups
in Germany. Cooperation between the hospital and these facilities is often complicated
because there are doubts concerning the detainees and the control measures in place after
their release. Socio-therapeutic institutions,
residential homes, residential groups, as well
as outpatient doctors, psychotherapists and
social workers often refuse to accept (former)
detainees because of their offences. However,
if persons concerned do not find follow-up
accommodation or have their own flat, their
detention can be prolonged or they have to
rely on homeless shelters.284
Another issue that has been noted is that in
Austria, detainees serving a “regular” prison
sentence are habitually granted conditional
release after serving two-thirds of their
sentence.285
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