Assessment of the practices Preliminary discharges Mental healthcare institution Reminder of the recommendations that have already been issued Status of the patients Staff Maintaining family bonds Correspondence UVF Visiting rooms Penal institution Maintaining family bonds Correspondence 137 The Minister of Justice should analyse the experience gained in executing hearings of the liberty and custody judge, taking into account the healthcare professionals, in order to provide them with the best practices and to organise training courses or experience sharing. The CGLPL recommends that the authorities in charge of granting preliminary discharges or the measures of ending hospitalisation by court order must take into account that between the start the measure and the day of discharge, there has been a veritable healthcare process that has borne fruit. Considering that, if we are entitled to demand from practitioners that they give medical assurances, we are also entitled to expect the authorities to establish the risk that they claim justifies the extension of a deprivation of liberty, the CGLPL recommends that in case of a disagreement between the medical staff and the administrative authority, the competent judge will be requested to give his ruling, with the director of the institution being required to refer the case to him without any formality. It is necessary to grant the patient the legal status corresponding to his status, and especially informing the State Prosecutor when a person admitted in free healthcare is clearly unable to give informed consent or is placed in a seclusion room for more than twelve hours. The CGLPL recommends evaluating the healthcare staff required for the proper functioning of the various structures, to strengthen the human and logistical resources of the extra-hospital structures and to strengthen the resources of the admission units, especially by recruiting nurses and psychologists. The CGLPL recommends, as regards sending letters, that hospital staff should make themselves available to patients under restraints, so that they can dictate the letters that they wish to write, or that recourse should be provided to any other means that allows reconciling the security requirements of the healthcare staff and the other patients, with the right to correspondence of hospitalised patients. The Contrôleur général regrets that some penal institutions still do not have family living units, and that when they do exist, they are not used very often due to red tape. The CGLPL regrets that confidentiality in the visiting rooms is still not fully ensured due to poor soundproofing or due to the continuous presence of warders. Incarcerated persons must be physically capable of corresponding with their entourage (free distribution of paper, pens and envelopes). Distinct letterboxes must be provided for each type of letter (internal, external, health-related), and these must not be processed by the warders but only by the mail officer, who must be bound by professional confidentiality, and letters addressed to the medical staff must be collected by them. 1 3 3 3 3 3 1 1 1 1

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