purchaser’s name, but in that of the prison or private service provider in charge of these types of
purchases. For this reason, the persons do not have any official documents which they can
produce in case of need, in particular should they wish to have the benefit of the clauses provided
under the guarantee, before or after their release. For example, cases were referred to the CGLPL
of persons who had to pay for the purchase of a second hotplate after being unable to obtain the
exchange or reimbursement of the first, which was no longer in working order, despite the fact
that the equipment was covered by a guarantee.
The CGLPL therefore recommends that estimates in their name and invoices in due form
should be handed over to purchasers, at the time of delivery of the product at the latest.
Nor is effective autonomy conceivable without financial autonomy, either in prison or at
the time of release. This presupposes individuals being placed in the position of being able to
earn or receive enough money to live in a dignified manner within prison and subsequently
outside 72, as well as them being authorised to spend, save or pass it on to their close relations, as
they so desire, subject to the legal and statutory provisions to which they remain subject.
In a case recently referred to the Minister of Justice, the CGLPL recommended the
adoption of a new circular concerning the fight against poverty in prison, in particular for a
reassessment of the provisions (amount, timescale, criteria, possibility of saving etc.)
providing a framework for the allocation of cash allowances to persons considered to lack
adequate financial resources. It considers that this would promote the autonomy of the
most financially impoverished individuals.
Cases were referred to the CGLPL concerning the difficulties encountered by several
persons within the framework of the establishment of a bank account outside prison. Article
D.324 of the Code of Criminal Procedure provides that “the sums constituting the release
allowance are placed in a special account; when they exceed a sum fixed by order of the Minister
of Justice they are paid into a “livret A” savings account”. Article A. 41 of the Code of Criminal
Procedure fixes this threshold at 229 euros. An agreement concerning the management of
prisoners’ compulsory savings was signed between the prisons administration department and the
Banque Postale bank on 23rd December 2008. Its purpose is to give a formal framework to the
procedures for opening and operating these savings accounts. The agreement provides that, when
the person concerned already has a “Livret A” savings account, a different type of account may
be opened. However, it appears that this provision is seldom or never applied. Indeed, in spite of
the agreement, which specifies that persons should be asked about their ownership of savings
accounts and make a formal declaration that they have not already opened a Livret A account, the
CGLPL has sometimes noted the opening of a second account of this type (Livret A “prison
account”) when the persons concerned already had one at their time of arrival at the institution.
Furthermore, the systematic opening of a first or second Livret A savings account takes away
prisoners’ sense of responsibility, since they are unable to adapt their financial investments to
their plans (e.g. taking out a home savings scheme (plan épargne logement) if they intend to become
homeowners, investment in a sustainable development savings account (livret de développement
durable) if they consider its rate and mode of management more suitable for their situation in
prison or after their release etc.).
The CGLPL therefore recommends that individuals should be placed in a position to
choose the type of savings account that they wish to open. It would also appear appropriate
for them to receive a second copy of their savings account statements, to date sent by the
72
The CGLPL also reasserts its recommendations with regard to work in prison, in particular those set out in the
Annual Report for the year 2011 concerning rates and modes of remuneration, determination of rates of work and the
adoption of a circular on employment etc.
97
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