free provision of a television set for all persons recognised to lack financial resources must be
clarified. In addition, certain penal institutions place the entire burden of the rent on only the
creditworthy occupants. This practice must be ended, pursuant to the spirit of the circular dated
17 May 2013 and the notice from the prisons administration department dated 3 February 2011.
Certain detainees were recognised to lack sufficient financial resources by the CPU, but
were also excluded from the cash aid of 20 euros as they refused to work (exclusion provided by
the circular dated 17 May 2013); they were also excluded from the aid in kind provided under this
same text. The Contrôleur général stated that the aid in kind must be given unconditionally to all
people recognised by the CPU as lacking sufficient financial resources.
The circular dated 17 May 2013 makes provisions for taking up the burden of certain
expenses related to educational and training projects: registration in distance learning courses,
purchase of school supplies, etc. And yet, in certain institutions, receiving study grants makes
people lacking sufficient financial resources ineligible for the cash aid of 20 euros that they would
have received otherwise, since the sum of these two benefits is more than the 50-euro limit
provided for in Article D. 347-1 of the criminal procedure code. The Contrôleur général
recommended that the amount of the study grants should not be taken into account when
examining their financial situation.
Certain persons lacking financial resources may legitimately wish to purchase
one or more objects of certain values, especially as part of their studies. And
yet, they cannot save the cash aid of 20 euros that is granted to them every
month. The Contrôleur général therefore questioned the possibility of
allowing people lacking sufficient financial resources to have a certain nest
egg, through which they can accumulate their savings, month after month,
from the cash aid of 20 euros or their study grant, in order to make atypical
purchases, on the authorisation of the head of the institution.
The circular dated 17 May 2013 mentions “the payment [...] of a fixed sum of not more
than 20 euros per person and per month” for individuals considered to lack sufficient financial
resources by the CPU, whereas the notice dated 3 February 2011 mentions several times, on the
contrary, the indivisible nature of the cash aid of 20 euros. It has been noted that in most of the
penal institutions visited by the Contrôleur général, the cash aid granted to people lacking financial
resources amounted to 20 euros, but in certain institutions, this aid was less (e.g. 18 euros). Certain
institutions evaluate the financial situation of people not with respect to the state of their personal
account, but according to the resources that they supposedly have outside the prison. A reminder
of the terms of Article D. 347-1 of the criminal procedure code must be given to ensure that the
only thing taken into account when evaluating the financial situation of a person, are the resources
that he/she has in his/her personal account.
In addition to the amount, the time frame of the actions against poverty is also vital. In
fact, the main difficulty encountered by people is that in practice, the CPU related to the efforts
against poverty generally occurs in the first half of each month, and therefore takes into account
the status of the personal account at the end of the previous month and the month before that,
and not the ongoing month (too early) and the month before. The Contrôleur général recommends
that the durations examined while granting the cash aid of 20 euros should meticulously comply
with the provisions of Article D. 347-1 of the criminal procedure code, with the CPU being
conducted at the end of the ongoing month, i.e. at the end of the month for which the cash aid is
paid.
Especially due to the aforementioned practices, it appears particularly
important for the detainees to be informed of their rights pertaining to aid in
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