Situation of deprivation of liberty
Social de Personas con Enfermedad Mental) and the HPP”, currently
being prepared, to enable patients to be assisted in an alternative surrounding before having served the time of deprivation of liberty that
the maximum sentence would have implied, is a good practice, and
progress should continue to be made along these lines. The SGIP reported that the Committee for analysis of cases of mentally ill persons
subject to court proceedings of the Autonomous Community of Andalusia will be called to make progress in this field.
In turn, a recommendation has been made to the SGIP for preparation
of the exit and accompanying of the patient in the first steps of the social
reinsertion process to be reinforced, providing the adequate preliminary
and subsequent support to the family and implementing the transfer of
the patient to clinical and social services facilities of the area.
Recommendation to the SGIP
for preparation of exit and
accompanying of the patient
to be reinforced
In the penitentiary system of Catalonia, the existence of a network of
small facilities is a good practice that permits adapted programs to be
prepared and work to be done for community insertion, without the
patient losing contact with the environment. The Service of Alternative Criminal Measures, which specifically monitors these measures,
is also to be pointed out. The risk assessment protocols, both general
of the penitentiary institutions of Catalonia, and specific of the UHPPC (Barcelona), which use objective evaluation scales that permit the
minor, moderate or serious risk posed by a patient to be appraised,
which may facilitate the making of administrative and court decisions,
is also worthy of mention.
The good practice of the small
facilities network
157. Article 188.4 RP establishes that the disciplinary regime provi-
The provisions of the
disciplinary system are not
applicable to patients of HPPs
sions will not apply to patients of the HPPs. In the case of violation of
cohabitation rules, measures will apply depending on the context and
patient, of which patients of both centres complained. In respect of the
HPP of Seville, a suggestion was made to the SGIP for the appropriate
instructions to be given for the measures to be adopted in the event
of violation of cohabitation rules to follow the adequate procedures for
the adoption of therapeutic measures such as medical prescription
and insertion in a therapeutic framework, which suggestion has not
yet been answered. In respect of the UHPP-C (Barcelona), a suggestion was made to the Department of Justice of the Government of
Catalonia, for the communication of the reason and logic of the rules
to patients to be improved. This Suggestion was rejected.
158. In situations of lack of impulse control or behavioural disorders,
when oral admonishment is unsuccessful, isolation and coercive
measures are adopted.
Isolation and coercive
measures
At the HPP of Seville, the head of the service may decide –generally at
the proposal of the psychiatrist or professional on shift – to move the
patient to the acute patients unit. Subsequently, the fact is evaluated
by the multidisciplinary team that may order the adequate therapeutic
measures: 1) transfer to the acute patients unit, in an individual room
121
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