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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents