kind or financial aid, so that they can request for the equipment and services
that they are entitled to.
The circular dated 17 May 2013 states that people “[refusing] to undertake a paid activity,
offered by the CPU, following [their] request and without any grounds other than personal
convenience” can be excluded from cash aid. Yet, it appears that the arguments put forward were
not strictly compliant with the sole aforementioned exclusion criterion, since several persons were
excluded for the sole reason that they did not look for work or resigned from their professional
activity, and not because they refused a job offered by the CPU.
As regards hospitalised people, the CGLPL was informed that the configuration of the
GIDE software automatically excludes people who are incarcerated but not held in detention from
the list of people who can claim the cash aid of 20 euros. It appears that several penal institutions,
after being informed by the hospitals’ social services, had offset this difficulty by paying special
attention, every month, to the financial situation of hospitalised persons. Nevertheless, in order to
make the implementation of this measure more fluid and to limit the risks of error, it is necessary
to verify that such a malfunction is not present in the new GENESIS software as well.
In a reply dated 21 August 2015, the director of the prison administration
described her observations on all of the mentioned points. As regards the
scope of the cash aid, the new agreement provided for free refrigerators for
people recognised to lack sufficient financial resources; however the free
provision of hot plates is not provided for. Identity photographs are free only
for the national identity card.
As regards television, the prison administration department specified that the operations of
debiting and then crediting the rental price of television sets are neutral for detainees. Moreover,
in a cell accommodating multiple detainees, certain of whom are recognised to be destitute, the
creditworthy detainees pay only their share, and the institution pays the share of the persons
considered to lack sufficient resources.
Pursuant to the terms of the circular, neither the behaviour nor the choices made by the
detainee in terms of activities can be grounds for excluding aids in kind; however, cash aid can be
stopped in atypical cases (in case of refusals or resignations from jobs). The prison administration
department specifies, on this subject, that the concept of “refusal of employment” must take into
account not only the person who refuses to undertake an activity, but also those who refuse to
continue it, with the sole reason justifying the exclusion therefore being personal convenience. It
added that the examination of the reasons leading to such an exclusion must be detailed and must
take into account the ability of the person concerned to exercise the activity concerned.
As regards the evaluation of the financial situation of a person, the DAP indicated that the
circular dated 17 May 2013 clearly states that “detainees with inadequate resources are identified
by the accounts department of the institution on the basis of the sole criterion of the resources in
the personal account”. It confirmed that hospitalised detainees are included in the configuration of
the GIDE and GENESIS software.
The DAP indicated that it cannot revise the financial criterion of 50 euros and the 20-euro
aid, taking into account the upcoming three-year budget. For financial reasons, the 20-euro aid
cannot be re-evaluated during festive seasons, all the more so as specific provisions, such as endof-the-year parcels have been implemented.
As regards the possibility for people recognised as destitute to have a nest
egg, the DAP indicated it would be necessary to modify the criteria set in
Article D. 347-1 of the criminal procedure code, which has not been planned
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