In this respect, the adoption of the Act of 15th August 2014 is to be welcomed,
concerning the adaptation of sentences to offenders’ individual requirements and consolidation
of the effectiveness of penal sanctions, various different provisions of which should reduce the
number of persons entering prison: establishment of criminal sentence enforcement outside of
prison (contrainte pénale), abolition of mandatory sentencing, conditional release, with a compulsory
judicial meeting two thirds of the way through the sentence. The latter measure will make it
possible to review convicted prisoners’ situations and increase the number of discharges: partial
release, placements in an open environment, electronic tagging and conditional release 10.
In order to face the situation arising from the expiry of the new five-year moratorium
provided for by the Prisons Act of 24th November 2009, the Minister of Justice proposed a
governmental amendment of the 2015 Finance Bill, with a view to extending the moratorium
until 2018. The president of the Law Commission of the National Assembly dissuaded her from
pursuing this proposal.
At the time of her hearing before the Law Commission of the National
Assembly on 13th November 2014, the Contrôleure générale des lieux de privation
de liberté welcomed certain experiments conducted in a few institutions by
means of agreements between State Prosecutor’s Offices, the judges
responsible for the execution of sentences and the managers of penal
institutions. For example, in one institution in the East of France, when a
certain level of overcrowding is reached, the public prosecutor at the court
of first instance informs the members of the national legal service in the
State Prosecutor’s Office, and the judges responsible for the execution of
sentences, in order to enable any reduced sentencing procedures in progress
to be accelerated and, if possible, the short-term postponement of
implementation of short sentences.
However, in spite of the value of these practices, she noted that they were dependent
upon individuals and therefore fragile. For this reason, she proposed that they be brought into
general use and that provision also be made for acceleration of the discharge of convicted
prisoners nearing the end of their sentences: those with the shortest amount of time remaining to
be served would have the benefit of reduced sentencing rather than simple release 11. This
acceleration of discharge would enable considerable reduction of prison overcrowding.
Today, such regulation of the prison population is one of the only means of
reducing prison overcrowding and therefore progressively securing
placement in individual cells, as provided for by law.
Finally, the Contrôleure générale recalled the need to pursue two objectives which are entirely
compatible: the modernisation of France’s prisons and the refusal of an endless policy of
expansion of the prison population.
At the same time, the Prime Minister entrusted Dominique Raimbourg, Member of the
French National Assembly, to draft a report on this issue. This report was made public on
30th November 2014 and comprised 24 recommendations, of which one was concerned with
placement of “initial”, elderly and handicapped prisoners in individual cells, with a new
moratorium until 2022, including two intermediate stages: June 2016 and June 2019, at which
dates the government is to present reports to Parliament on the state of implementation of
individual cell placement, with provision of financial and budgetary information concerning the
10
Only 7% of persons eligible for conditional release currently have the benefit of this system.
In his report of 2013, the deputy Dominique Raimbourg pointed out that, on 1st October 2012, 2,557 convicted
prisoners – that is to say 10% of the convicted prisoners held in remand prisons – had no more than one month left to
serve.
11
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