managers, who tended not to differentiate persons confined in their wings from the other
prisoners, and therefore had not applied the expected disciplinary regime. One remand prison
had decided to reserve three cells in the wing for “prisoners soon to be released” for
confinement. In one prison, cells devoted to confinement are referred to as “exclusion cells”.
Elsewhere, confinement cells resemble punishment cells: in one remand prison, the final
cell before the gate giving access to the punishment wing is used for confinement. It presents the
same state of dirtiness and deterioration (walls covered in graffiti, panes of the window broken)
as the punishment cells.
The sanction of confinement has automatic consequences: suspension of access to sports,
cultural and recreational activities, suspension of employment, professional training and
education, suspension of the possibility of making any purchases in prison shops other than
hygiene products, necessary items for correspondence and tobacco.
Disciplinary committees may incidentally accompany confinement with forfeiture of any
appliances bought or rented through the administration, throughout the duration of enforcement
of the sanction (confiscation of televisions and computers). Thus, in institutions where specific
confinement cells have been created, in general they are not equipped with television sets.
However, this provision is often little known and, in one remand prison inspected, cells reserved
for confinement, unlike other ordinary individual cells, are not equipped with televisions and
refrigerators, whereas withdrawal of these appliances is in principle dependent upon a decision by
the disciplinary committee. At the time of one inspection, it was ascertained that withdrawal of a
television had been decided upon as an incidental sanction and mentioned in the proceedings,
without however being indicated in the disciplinary committee’s decision, causing
incomprehension on the part of the prisoner concerned and leading to a verbal altercation with
the prison officer responsible for applying the measure on their floor.
Confinement does not in principle involve any consequences with regard to
correspondence, use of the telephone, visits and the practice of religion.
Persons sanctioned with confinement have the right to an hour’s exercise in the open air
every day, of which the conditions vary according to different institutions: they may remain
unchanged as compared to normal, take place in a time slot with other prisoners (workers in
particular) or indeed individually in special exercise yards, or even in punishment wing and
solitary confinement yards.
In principle, medical supervision of persons in confinement conforms to the same rules
as applicable in cases of placement in punishment cells. In general, the doctor is informed on a
daily basis of the list of persons in this situation, who have to be seen twice a week. At the time
of one inspection carried out in a large remand prison, neither the UCSA nor the SMPR were
thus informed.
Disciplinary confinement is used as a disciplinary measure more frequently
in institutions where the lifting of a large number of punishment wing
sanctions is ordered by doctors212. This circumstance often leads to
confusion between the two sanctions, the use of confinement measures
being perceived as a mitigated mode of enforcement of punishment cell
sanctions.
2.1.6 The Role of the Medical Services
According to current regulations, the UCSA and the SMPR (where it exists)
are informed of placements in punishment cells on a daily basis.
212
In application of the provisions of article R.57-7-31 of the code of criminal procedure.
118
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