PARTIAL-RELEASE SCHEME (OPINION) They have been told that when a custodial sentence of less than two years is imposed, the sentence may take the form of subjection to partial release. The periods within which, after the sentence, the judge responsible for the execution of sentences defines the procedures for its execution may be very long. In twelve cases examined when a centre was visited it was an average of two years and three months. It may be advantageous to use these waiting periods to assess the overall situation of the person. They nevertheless have many disadvantages: during this time lapse, firstly the sentence is not executed and secondly, the convicted person (who is often employed) and his/her family, live with the uncertainty (and anxiety) about the measures to be taken. In truth, the reduction of these barely-acceptable waiting periods involves better coordination between the prosecution and the presiding judge, quickly transmitting the necessary elements and increasing the number of civil servants responsible for shaping the decisions taken by the magistrates. The waiting periods stemming from the decision of a judge responsible for the execution of sentences to place a prisoner in an open prison are admittedly shorter (out of eighteen cases examined, thirteen months on average). They are nevertheless excessive and compromise plans for social inclusion (a place with an employer, for example) which the person in question and his/her prison adviser on probation and employability may have been able to design. Prisoners’ plans are also greatly compromised by the periods during which the application is submitted to the necessary hearing in the presence of both parties. The pace of integration, in the prevailing employment situation and with the intrinsic difficulties related to the capacity of prisoner, is often much quicker than that of the procedures intended to agree to it. Generally, the insufficient number of magistrates and social workers means that the idea of individualised case management of those on partial release is illusory. Also, as the dispensation of treatment is the responsibility of these social workers, one of the prisoners may, after a consultation, need to go to a pharmacy outside the fixed hours of release to buy the medicines that were prescribed to him/her. An authorisation from a magistrate is necessary. It is in reality either given late or the decision is taken hastily without verification, which is pointless. Greater effort should be addressed towards getting the person in question to take responsibility. 139

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