NATIONAL LEGAL AND POLICY FRAMEWORKS CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY
WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE
adaptation program, an individual sentence execution plan is drawn up for each convict, which
includes activities and impact programs for resocialisation of the convict. 222 The specialised
programs aim at: motivating and promoting lawful behavior; increasing social competence and
building behavioral skills and overcoming addictions. The participation of convicted persons in
them is voluntary. 223 One month before the release of the prisoner, the administration notifies
the municipal council at his permanent address and the relevant monitoring commission. In
this notification the work experience/qualification of the person subject to release is described
and the necessary assistance for his work and household arrangements are indicated. 224 If the
prisoner, who is about to be released, suffers from alcohol or drug addiction, from an IPD or
from a chronic illness, the notification letter notes the results achieved during the serving
of the sentence and recommendations for their treatment in the period after the release. 225
In practice, despite of the abovementioned legally provided mechanisms for identification and
monitoring of prisoners with IPD the “Execution of Punishments” Directorate at the Ministry
of Justice does not mention concrete figures of the share of this group of prisoners among the
general prison population neither in its annual reports (that are not publicly available), nor in
the specific request for access to public information sent under the present research. 226 According to its 2020 Annual report, in the Psychiatric Ward of the Specialised Hospital for Active
Treatment of Prisoners in Lovech, in 2020 the total of 159 prisoners have been treated with
an average hospital stay of 37 days, while in 2019 they were 199 prisoners. Of these 159 prionsers, 29 were suffering from drug addiction, 2 from alcohol addiction and 119 were with other
psychosocial disabilities. 227 The report also notes that there is an extreme shortage of medical
personnel in the penitentiary system. 228 According to the “Execution of Punishments” Directorate’s reply to the author of this research at the end of 2021 there were 37 patients with various
psychosocial disabilities in the Psychiatric ward of the Specialised Hospital for Active Treatment
of Prisoners in Lovech while as of April 2022 – 10 prisoners underwent treatment there. 229 The
capacity of this hospital serving the whole penitentiary system is 55 places for men and 14
for women.
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 156. The individual sentence execution plan is
drawn up based on: the type and nature of the crime committed; the imposed punishment; the assessment of convicted persons
and the factors that form the risk of recidivism and harm; the initial place of serving the imposed sentence of imprisonment. The
individual sentence execution plan aims at: inclusion of convicts in programs and activities for personal change and removal of
the factors that form the risk of recidivism and harm; transfer to serve the imposed sentence in a lower level of security prison
and conditional early release. An annual report on the outcomes of the individual sentence execution plan is prepared for each
convict.
223
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 157. The specialised programs for individual
and group work are implemented by the inspectors of social activity and educational work together with the employees from the
other areas of activity, volunteers and external experts with appropriate training.
224
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 183, para. 1-2.
225
Bulgaria, Execution of Punishments and Restraint Measures Act (1.06.2009), Art. 183.
226
Bulgaria, Reply L-1689/2, dated 21 April 2022, signed by Ivaylo Yordanov, head of the “Execution of Punishments” Directorate.
227
Bulgaria, “Execution of Punishments” Directorate at the Ministry of Justice, 2020 Annual Report, p.58, available in Bulgarian at:
https://prisonreform.bg/otchet-gdin-2020/.
228
Bulgaria, “Execution of Punishments” Directorate at the Ministry of Justice, 2020 Annual Report, p.58. There are only 20 nurses
employed in it, general practitioners (GP) are employed on civil contracts and 14 GPs are ex officio appointments of the National
Health Insurance Service.
229
Bulgaria, Reply L-1689/2, dated 21 April 2022, signed by Ivaylo Yordanov, head of the “Execution of Punishments” Directorate.
222
56
SLAVKA KUKOVA
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