guarantee of professional practices that respect patients' rights and harmonised health and medical
protocols between the two health facilities.
These measures are certainly commendable, but they will resolve neither the
difficulty in principle where patients suffering from chronic disorders are
grouped together in a penal institution, nor the tangible difficulties caused by
these patients' inability to complete their basic everyday tasks on their own.
The publication of this report and the answers from the Ministries of Justice and Health
sparked a debate over the summer, picked up by the social networks and the press. Beyond the
differences in opinion, it seems necessary to give a reminder that prison is an institution organised for
the purposes of serving sentences - it is not designed for delivering medical care or providing for
people whose disorders make them dependent.
Illness and dependency throw into sharp focus the question of the purpose of sentences, and
must therefore lead to the arrangements, and even the principle, being revised in this regard. On this
point, the persisting lack of knowledge about the mental health of the prison population - which has
not been addressed by any epidemiological study since 2004 - is regrettable. Finally, the need to
maintain a clear separation between the care-based approach, which must guide hospitals, and the
punishment-based approach which underpins prisons, must be stressed.
2.3
Overcrowding has got worse
According to the statistics published by the Prison Administration Department, between 1
January 2016 and 1 November 2017, prison occupancy rates have increased faster than new places
have been created: the number of operational places in penal institutions has risen from 58,561 to
59,151, whereas the number of prisoners has climbed from 66,678 to 69,307.
Under these conditions, overall incarceration density has increased from 114 to 117%, the
density in remand prisons from 136 to 141%. The number of prisoners with only a mattress on the
ground has gone up from 1,200 to 1,473 (+ 22.7%). The number of institutions with a density
exceeding 200% has dropped, meanwhile, from 4 to 3, and the number of institutions with a density
of between 150 and 200% has remained stable at 37, which corresponds to nearly half (46.5%) of the
86 remand prisons in France. The phenomenon is therefore far from marginal.
The repercussions of prison overcrowding are manifold, both in terms of
detention conditions (lack of space and privacy, violence, etc.) and the provision
of services for prisoners. Indeed, during its visits to institutions, the CGLPL
finds that services are stretched to capacity, access to work is restricted, visiting
room times are curtailed to enable access for everyone, there is a lack of activities
on offer, access to education is limited and waiting times for medical care are
longer, etc.
In the remand prisons, it found four people being detained in a 9 sq.m. cell, and even five
people in an 11 sq.m. cell. Individual cell allocation has obviously become impossible, and this will
also, evidently, be the case in 2019, the end of the last moratorium voted on in 20148. On this point it
is significant that the year "2019" has all but disappeared from documents on the draft budget for
2018, where it has been replaced with the term "eventually".
Current prison overcrowding is hampering the success of genuine efforts on
reintegration and preventing reoffending.
8
Amending finance act of 29 December 2014 for 2014, Art. 106.
22
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