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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