One might be surprised to see norms dating from 2009 referred to as being “new”.
Moreover, in the course of the year 2013, the inspectors did not see any change with regard to
prisoners’ pay. The latter continues to be very low and the Act voted in 2009 is still not applied in
this regard.
4.3
Assistance for Prisoners in a situation of social Precarity
The circular issued by the minister of Justice at 17th May 2013 concerning
the fight against poverty in prison responds to several cases referred and
recommendations made by the Contrôleur Général in this regard. It enables
the points ascertained by the inspectors in all of their inspections to be
underlined: lack of resources is a hindrance to life in detention and
constitutes an obstacle to the maintenance of family ties and to
rehabilitation and, finally, is contrary to the protection of dignity. According
to this circular, a quarter of the prison population is affected by precarity.
Three points in the circular more specifically reflect the Contrôleur Général’s
recommendations. These are concerned with the distribution of kits for personal hygiene and
upkeep of the cell which should be systematically issued to prisoners on their arrival, the
allowance of ten euros which is provided for in order to enable persons without resources to
have access to family life units and, finally, administrative assistance with a view to release. The
latter consists of enabling the examination of applications upstream from release by means of
initiatives on the part of bodies such as CCAS public centres for social action (Centre communal
d’action sociale), the CPAM (state health insurance office), the CAF (social security office) and the
French national employment agency.
Indeed, the inspectors too frequently ascertain in their inspections that access to welfare
rights on release is not a subject of concern within penal institutions. This is nonetheless an
essential factor for rehabilitation after release. A shortcoming of the circular is its failure to state
which departments within institutions should take care of the preparation of prisoners’ social
welfare applications, the signature of agreements with prefectures and local authorities and the
list of useful addresses which should be issued to prisoners on their release. The prison service
for rehabilitation and probation is not designated as being in charge of these actions likely to
guarantee access to rights under ordinary law on release from prison.
4.4
The Interministerial Circular of 11th July 2013 concerning Prisoners’
Access to Welfare Rights
In its Annual Report for 2011, the Contrôle Général gave a survey of access to welfare rights for
persons deprived of liberty, in particular with regard to recognition of disablement and
invalidity76.
On the basis of considerations linked to the ageing of the prison population and to the
latter’s poor state of health, it pointed out that payment of the Allowance for Disabled Adults
(AAH) was an essential, and often the only source of income for many prisoners. It noted that
the respective roles of beneficiaries (of prisoners in this instance), social workers and health unit
doctors did not appear to be defined with sufficient clarity. It therefore recommended, on the
one hand, the drafting of an interministerial circular (Social Affairs and Justice) in order to
facilitate the granting and renewal of entitlements to AAH; and, on the other hand, that the
reduction of the amount of AAH paid to prisoners77 should be made more than sixty days after
76
77
Rapport pour 2011, Paris, published by Dalloz, p. 135 et seq.
Article R. 821-8 of the Social Security Code (Code de la sécurité sociale).
72
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