Mínimum criteria in deprivation of liberty III.3.2 Penitentiary psychiatric hospitals and units 225. A security measure is the legal consequence that is applied to a person who had a criminal conduct from which he was held not criminally liable. In the case of persons with a mental disease, the security measures of deprivation of liberty applied by the courts may be served at penitentiary psychiatric hospitals or units and, by way of exception, at ordinary penitentiary centres where expressly requested by the penitentiary Authority –even if they do not have the same services as specialised units – or at civil psychiatric centres, if the measure is replaced. 226. Two different models exist according to the differing scopes of powers for penitentiary matters in Spain. The SGIP has two penitentiary psychiatric hospitals (HPP), one in Fontcalent (Alicante) and the other in Seville. Given their geographical location, the HPP of Seville is intended for male prison population of Andalusia, Canary Islands, Extremadura and Ceuta and Melilla autonomous cities, while the HPP of Alicante would take care of the rest of the national territory and of the entire female prison psychiatric population, although this is not always the case in practice. At these HPPs persons declared non-accountable are to be found upon whom a security measure at a penitentiary psychiatric centre has been imposed, persons who, involved in a criminal court proceeding, need to have an expert appraisal carried out, and convicted persons on whom a security measure has been imposed due to supervening mental disease. The penitentiary system of Catalonia has a healthcare network managed by the Sant Joan de Déu Hospital Order and consisting of various specialised teams located in various CP of Catalonia, according to the profile of the patients: wards for acute, subacute, mean/long term stay and transit to the community in CP Brians 1; patients of mean/long term stay with conduct disorders and two do not need intense rehabilitation; ambulatory treatment and rehabilitation unit in the CP Quatre Camins; chronic patients with a rehabilitating profile and without serious conduct disorders, crisis observation unit and intensive rehabilitation unit for serious mental disorders at CP Brians 2; and psychiatric departments in the infirmaries of CP Brians 1, for men in Barcelona and for women in Barcelona. In the penitentiary system of Catalonia, the referral of a certain inmate to a unit for treatment of his mental health is done taking into account his psychiatric state. In this manner, persons on whom security measures have been imposed may remain interned in the psychiatric infirmary of a CP in one of the specialised units, depending on the clinical criterion, while convicts with psychiatric pathologies may be held either at such units or in an ordinary unit with ambulatory treatment. 227. It would be advisable for penitentiary legislation to contemplate expressly that the referral of patients to a certain unit or centre for treatment of their mental health should be carried out taking into account the clinical opinion on their psychiatric state, instead of their legal-litigation situation. 85

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