Banque Postale to the prisons administration manager alone. The putting in place of financial
advice provided by banking sector professionals would also be worthwhile with regard to
autonomy in the management of finances. For all of these reasons, the CGLPL
recommends that a legislative amendment should be considered in order to take these
various different findings into account, to which should be added the fact that the
compulsory payment into the savings account should be made rapidly, in order to enable
the persons concerned to have the benefit of the interest generated by this investment.
Financial autonomy is decisive at the time of release from prison. Yet, nothing appears to
be done to help prisoners take steps towards financial autonomy in prison, as illustrated by the
fixing of the sums authorised by the prisons administration at the time of temporary releases in
view of the estimates drawn up by the persons concerned. The Code of Criminal Procedure
provides that, on their return from temporary release, the beneficiaries shall give proof of their
expenditure.
Although the CGLPL is aware of the need to supervise expenditure laid out at the time of
temporary release for security reasons, it nevertheless observes that these measures, by
hampering the autonomy of individuals at the very time when they are placed in the
situation of being able to exercise their own free will in the external environment, give rise
to strong feelings of infantilisation and dispossession. This choice should been made within
the framework of dialogue between the judge responsible for the execution of sentences,
the prison service for rehabilitation and probation and the person concerned, in order to
enable the latter to assert their needs and motivations.
The question of the money at the disposal of persons placed under electronic tagging was
also brought to the CGLPL’s attention. Indeed, current legal texts do not provide for their
release allowance to be handed over to them 73, a sum which could nonetheless enable them to
have greater financial autonomy. In the course of the month of December 2012, a senator took
this point up with the Minister of Justice. In response, the latter declared her perplexity and that
she is engaging in reflection with regard to the appropriateness of handing over release
allowances at the time of reduced sentencing. To date, no text has amended the existing
provisions.
1.2.5 The Right to Individual Initiative and the Exercise of one’s Responsibilities
Today, the Internet has entered personal life to the point of becoming an essential tool for the
promotion of access to bodies governed by ordinary law and to higher education, and for staying
in touch with the technological changes affecting society 74 etc. It therefore represents a precious
tool for rehabilitation and becoming autonomous, which is not incompatible with security
imperatives, as shown by one experiment currently in course in a remand prison in the Paris
region, aimed at equipping certain individual cells with secure Internet access.
73
Article D. 122 of the Code of Criminal Procedure: “As an exception to the provisions of article D. 318, prisoners
having the benefit of partial release measures or unsupervised non-custodial postings in application of article D. 136,
of electronic tagging in application of article 723-7 or beneficiaries of temporary release are authorised to have a sum
of money enabling them to lay out the expenditure necessary outside of the institution and, in particular, pay for meals
eaten outside, use means of transport and deal with any medical costs. The head of the institution shall assess, at the
time of leaving the institution by the persons concerned, the amount of the sum to be handed over to them, debited from
their available allowance”.
74
The CGLPL set out its position on IT access for prisoners in its opinion of 20th June 2011.
98
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