Regulations - Containing provisions on the Penitentiary act and on measures entailing restrictions on, and deprivation of, personal liberty (Decree of the President of Republic of 30th June 2000, n. 230)
Ministry of Justice of Italy
DEPARTMENT OF PENITENTIARY ADMINISTRATION
PART I
Penitentiary treatment and provisions relating to the organisation of the penal institutions
TITLE I
Penitentiary treatment
CHAPTER I
Guidelines
Art. 1
Treatment interventions
1. The treatment of accused persons submitted to deprivation of freedom involves the offer of direct interventions aimed at upholding their human, cultural and professional interests.
2. The re education of convicted offenders and internees is designed to promote the process of changing of their personal conditions and attitudes, and of their family and social relationships, hindering them to reintegrate constructively into society.
3. The provisions of the present regulations referring to accused persons are also applicable to persons under investigation.
Art. 2
Security and compliance with the rules
1. The order and discipline of the penal institutions guarantee the security conditions essential to carry out effective treatment of prisoners and internees. The prison Governor has the task of ensuring security and compliance with the rules, with the assistance of the prison staff according to their respective tasks.
2. Security and custody in penal institutions different from the district Prisons is entrusted to the members of the Penitentiary Police Corps, who are authorised to perform their duties in conformity with the laws and regulations currently in force.
Art. 3
Management of the penal institutions and Probation service centres
1. The management of the penal institutions and probation service centres is carried out by managers belonging to the respective staff categories of the Penitentiary Administration, identified according to the regulations currently in force.
2. The governor of the institution and the director of the probation service centre exercise their powers in order to organise, co ordinate and control the activities carried out in the institution or by the probation service; they decide on those initiatives suitable to properly carry out the programmes in the institutions, as well as the interventions outside the prison; they issue orders to the penitentiary staff, including those not belonging to the penitentiary administration, who carry out the duties entrusted to them with the related professional autonomy.
3. The governor of the institution and the director of the probation service centre are responsible for the exercising of their powers to the Regional Director of the penitentiary administration and to the Department of Penitentiary Administration.
Art. 4
Integration and co ordination of interventions
Integration and co ordination of interventions
1. All penitentiary workers participate in treatment activities carried out in the institutions and by probation service centres, according to their respective tasks. The interventions of each penitentiary or voluntary worker must contribute to create a positive atmosphere of proper human relationships and must be carried out in a climate of integration and collaboration.
2. To this end, the penal institutions and the probation service centres located in each regional area constitute a uniform framework for action, whose programmes are organised and carried out in accordance with the resources of the local community; the governors of the institutions and the directors of the probation service centres have the task to convene appropriate periodical service conferences.
3. The Department of Penitentiary Administration and the Regional Directors shall adopt the necessary initiatives to promote the co ordination of actions at national and regional levels respectively.
Art. 5
Supervision by the Supervisory magistrate on the organisation of the institutions
1. The Supervisory magistrate, in the exercise of his supervision functions, obtains, by means of visits and interviews and, when necessary, the examination of documents, direct information as to the carrying out of the various services of the institution and the treatment of prisoners and internees.
CHAPTER II
General conditions
Art. 6
Sanitary conditions and lighting of premises
1. The premises in which prisoners and internees live must have adequate hygienic conditions.
2. Bedroom windows must ensure a direct flow of natural light and air. Shielding which obstructs this flow is not permitted. Only in exceptional cases and for proven security reasons can shields be used, provided they are not set touching the wall of the building and that they in any case allow for a sufficient flow of direct air and light.
3. Push buttons shall be provided for the artificial lighting of the bedrooms, as well as for the functioning of radio and television equipment, both outside for the prison staff and inside for prisoners and internees. The staff can use the outside push buttons to switch off those inside, when the use of the latter threatens the orderly cohabitation of prisoners and internees.
4. For the nightly controls by the staff, the lighting must be of reduced intensity.
5. Those prisoners and internees whose physical and mental conditions permit so, shall be directly responsible for the cleaning of their own rooms and the toilet facilities attached to them. To this effect, adequate means shall be placed at their disposal.
6. For the cleaning of bedrooms occupied by prisoners unable to keep them clean, the Administration shall avail itself of paid work by other internees or prisoners.
7. Where conditions permit, units for non smokers are provided for.
Art. 7
Toilet facilities
1. The toilet facilities are situated in a space inside each bedroom.
2. The spaces where the toilet facilities are situated are provided with hot and cold running water, and are fitted with a washbasin, a shower, and, in particular in institutions or wings for women, also a bidet for the perso¬nal hygiene of prisoners and internees.
3. An adequate number of toilet facilities, washbasins and showers must also be placed next to the premises and areas where activities in common are carried out.
Art. 8
Personal hygiene
1. Those objects necessary for the care and cleanliness of the person are indicated, with specific reference to their quality and quantity, in specific tables, separately for men and women, as established by ministerial decree.
2. Barber and hairdressing services shall be available for men and women respectively, when necessary.
3. The use of electric razors shall be permitted in bedrooms.
4. The internal regulations provide for the times and procedures of access to the barber and hairdressing services and the daily times of hot water use.
5. The obligation to shower may be imposed for health or hygienic reasons.
Art. 9
Clothes and kit
1. The objects constituting bed linen, items of clothing and personal underwear, as well as other effects which the administration is obliged to guarantee to prisoners and internees, are indicated, with specific reference to their quality, in the tables established by ministerial decree, separately for men and women.
2. The above mentioned items of clothing and effects must be adequate to the change of seasons and to the particular climatic conditions of the areas in which the institutions are located; they must be in sufficient quantity as to ensure adequate changes and good condition.
3. The duration of use is established per each item of clothing.
4. The administration shall replace any worn out items of clothing or effects, including those which wear out before their expected date. If the internee or prisoner is responsible for items wearing out quicker than expected, he shall pay for the damage.
5. The physician of the institution shall prescribe qualitative or quantitative variations in bed linen, underwear or clothes in relation to the particular needs of individual subjects.
6. In any case, minors shall wear civilian clothes.
7. Personal underwear and clothes, as well as the effects consigned to prisoners and internees, are to be noted down, together with any subsequent variations, on a form, one copy of which shall be kept by the concerned party and another by the governor's office, to be given up in the case of a transfer.
8. The management of the institution shall see to it that each internee or prisoner receives back his due items after cleaning operations.
9. Prisoners and internees using clothes and kit belonging to them personally and which cannot be cleaned by the ordinary procedures used for those provided by the administration must see to this at their own expense.
10. The administration shall provide civilian clothes to prisoners on release should the latter be unable to sustain the cost.
Art. 10
Kit and objects of personal property
1. The internal regulations establish those cases in which internees or prisoners may be permitted to make use of their personal property, and also provide which effects of personal belongings may be used.
2. A laundry service shall be guaranteed, to which prisoners and internees may have access, even at their own expenses.
3. The possession of objects of particular moral or sentimental value is allowed, provided they are not of any significant economic value and are not incompatible with the ordinary life of the institution.
Art. 11
Daily food
1. Prisoners and internees shall receive three meals a day.
2. The internal regulations stipulate mealtimes such that the first may be consumed shortly after waking, the second around five hours after the first, and the third around six hours after the second.
3. Minors shall receive four meals a day, at suitable intervals.
4. The food tables, distinguished with reference to the criteria of Article 9(1) of the Penitentiary Act, shall be approved by ministerial decree in accordance with paragraph four of the same article, in conformity with the advice of the Higher Institute of Nutrition. The food tables shall be updated at least every five years. The formulation of the food tables must also take into account, as far as possible, the different religious faiths.
Art. 12
Control of alimentary treatment and prices of food sold in the institution
1. The representatives of the prisoners and internees as provided for by Article 9 of the Penitentiary Act are three in number.
2. In the institutions in which food is prepared in several kitchens, there is a representative for each kitchen.
3. The representatives of the prisoners and internees are present when food products are selected, check their quality and quantity, and see to it that the items chosen are wholly used for the meals preparation.
4. Representatives of prisoners and internees who are workers or students are granted leaves of absence from their work or school in order to facilitate the carrying out of their duties; for prisoners and internees who work for the penal institution administration, these leaves are remunerated.
5. The above mentioned representatives and the delegate of the Governor, as referred to under Article 9, paragraph 7 of the Penitentiary Act, shall submit their observations, jointly or separately, to the Governor.
6. The Governor shall obtain monthly information from the local authorities as to current prices on the outside market for products corresponding to those on sale at the prison store, or information as to the prices of the wholesale distribution outlet nearest the institution. The prices of food sold in the prison store, which must also be transmitted to the representatives of the prisoners and internees, must conform themselves with those found outside on the basis of the above mentioned information.
Art. 13
Premises for the preparation and the serving of food. Use of cookers
1. Each kitchen of every institution shall be used to prepare food for a maximum of two hundred people. If the number of internees or prisoners is greater, more kitchens must be set up.
2. Service in the kitchens is performed by the prisoners and internees. To this effect, vocational training courses shall be constantly organized.
3. Food is consumed as a rule in premises designed for the purpose, usable by a fairly low number of internees or prisoners. The internal regulations establish the manner with which, in turn, the internees and prisoners are allowed to cook in premises equipped for this purpose.
4. Prisoners and internees are allowed to use personal cookers in their own rooms to heat liquids or food already cooked, as well as for drinks and food which are easy and quick to prepare.
5. The dimensions and characteristics of cookers must conform to ministerial provisions regulating the procedures of use and of recovery, even if on a lump-sum basis, of expenses.
6. Should the administration not undertake the victualling and extra food services according to Paragraphs five and seven of Article 9 of the Penitentiary Act, the reasons shall be specifically and adequately motivated by the concerned management. Direct running may, however, take place even with one only supplier of foodstuffs. Direct running is equalized with that carried out through conventions with social co operatives according to Article 47, paragraph 3.
7. The internal regulations may provide that, with all due reserve, internees and prisoners may cook food, establishing the foods that are allowed as well as the procedures to be followed.
Art. 14
Reception, acquisition and possession of objects and foodstuffs
1. The internal regulations shall establish which objects and foodstuffs all prisoners and internees of the institution are allowed to possess, purchase and receive, aimed at personal care and at carrying out treatment, as well as cultural, recreation and sports activities. In the identification of permitted foodstuffs and objects, account shall also be taken of new technological instruments. Prisoners are in any case forbidden to be in possession of money.
2. Restrictions are permitted when justified by proven security risks, also in relation to variations in detention regimes which result from the application of Articles 14 bis, 41 bis and 64 of the Penitentiary Act.
3. It is not allowed to receive alcoholic beverages from outside. It is permitted to purchase from the prison store and to consume a maximum daily quantity of half a litre of wine (not exceeding twelve degrees proof), and up to one litre of beer. The distribution and consumption of the above beverages must take place in the premises where meals are consumed. In any case, it is forbidden to accumulate alcoholic beverages.
4. The objects which are not allowed shall be confiscated by the management and, save when these constitute material evidence, shall be returned to prisoners and internees on their release. Foodstuffs and objects which are perishable or buIky and thus cannot be stored in the institution's storehouse shall be returned to relatives on the occasion of visits or else sent to the same under the responsibility and at the expense of the internee or prisoner.
5. Foodstuffs and objects coming from outside must be contained in parcels which must undergo inspection before being handed over to their recipients.
6. Prisoners and internees may receive four parcels per month, of total weight not exceeding twenty kilos, containing exclusively articles of clothing or, in the cases and according to the procedures established by the internal regulations, also common foodstuffs not requiring tampering at inspection points.
7. Objects for personal use may be acquired or received in amounts not exceeding the normal needs of the individual.
8. Foodstuffs, received or acquired from outside must not exceed the quantities necessary for the needs of the individual.
9. Internees or prisoners may not accumulate foodstuffs in excess of their weekly needs.
10. The restrictions referred to under the preceding paragraphs do not apply to parcels, objects and articles sent to mothers in detention who have children with them in the institution and which are to supply the needs of the children.
Art. 15
Conveyance between internees or prisoners
1. The conveyance and receiving of amounts of “peculio” between internees or prisoners is prohibited, save when members of the same family are involved.
2. The conveyance of objects of modest value between internees or prisoners is permitted.
Art. 16
Utilization of open air areas
1. The open air areas , in addition to the purposes provided for by Article 10 of the Penitentiary Act, shall be used to carry out treatment activities and in particular sports, recreational and cultural activities, in accordance with the programmes drawn up by the governor.
2. Outdoor activities must take place whenever possible in open spaces not situated between buildings, and must be guaranteed for adequate periods, also taking into account the evaluations of the health and psychological services; together with the carrying out of treatment activities, they should be considered as a means of reducing the negative effects of the deprivation of personal freedom.
3. The reduction of outdoor activities to at least one hour a day in exceptional circumstances must be limited to short periods, ordered by a motivated provision by the governor of the institution, and shall be communicated to the regional Director and to the supervisory magistrate.
4. The areas intended for outside activities must offer the possibility of protection from bad weather.
Art. 17
Health care
1. Prisoners and internees can avail themselves of health care in accordance with the provisions of the regulations currently in force.
2. The programming, orientation, co ordination and organisation of the penal institution health services, as well as supervision of the functioning of the said services, are to be carried out according to the related competences and pursuant to the regulations currently in force.
3. Health care shall be provided within the penal institutions, save for the provisions of Article 11 paragraph 2 of the Penitentiary Act.
4. On the basis of the indications resulting from surveys and from the analysis of the health requirements of prison population, clinical and surgical units shall be set up at suitable locations throughout the national territory.
5. In cases where psychiatric treatment cannot be carried out by psychiatric specialists employed by the institution, the management of the institution may avail itself of specialist services in accordance with Article 80, paragraph 4 of the Penitentiary Act.
6. For prisoners with a first degree sentence and for internees and convicted persons, authorisation is given by the governor for examinations by a medical expert of their choice at their own expense.
7. As for medical examinations at prisoners' own expense, authorisation may be given for medical, surgical and therapeutic treatment to be carried out at the expense of the interested party by health officers or technicians of their choice in the infirmaries or clinical or surgical units of the institutions.
8. Whenever an internee or a prisoner must be transferred with extreme urgency to an outside place of treatment and it is not possible to obtain a prompt decision of the competent judicial authority, the governor shall order the transfer himself, notifying the said authority at once; he must also give notice of the transfer to the Department of Penitentiary Administration and to the regional Director.
9. In every institution, preventive medicine activities must be constantly carried out, so that health officers can detect, report and intervene in situations which may develop into pathological phenomena, including those linked to prolonged inertia and the restriction of movement and physical activity.
Art. 18
Reimbursement of expenses for health treatment
1. It is forbidden to request any form of payment from internees or prisoners for health treatment carried out by the national health service.
2. Foreigner or stateless internees or prisoners, or those of no fixed abode, registered in the national health service in accordance with the regulations currently in force, shall receive health care at the expense of the public health service in the territory where the individual concerned is imprisoned.
3. The authorities charged with the administration of health care shall directly provide the treatment established by the laws currently in force regarding the families of working prisoners and internees.
Art. 19
Special assistance for pregnant women and for mothers with children. Crêches
1. Pregnant women and mothers with children shall be assisted by specialists in obstetrics and gynaecology, being either employed by the institution or outside professionals. Births should preferably take place in outside clinics.
2. In addition, assistance on the part of obstetric paramedics is allowed.
3. Health care for children staying with internee or prisoner mothers shall be carried out by paediatric specialists.
4. Specialists in obstetrics, gynaecology and paediatrics, paramedical staff and child welfare experts in the crêches shall be remunerated with fees appropriate to the individual treatment carried out.
5. Institutions or wings housing pregnant women and mothers with children shall have, as a rule, appropriate obstetric units and crêches. Rooms for pregnant women and for mothers with children must not be locked, so that the latter can move around within the unit or section, providing this does not disturb the orderly life of the same.
6. Children within the institutions are guaranteed recreation and education activities appropriate to their age. In addition, with their mothers' consent children can be taken outside by the staff from the local public services or by volunteers, to carry out the aforementioned activities, which may also take place at the nursery schools or crêches in the area.
7. When children must be separated from their mothers who are internees or prisoners, either because they have reached the age limit provided by law or for other reasons, and upon consultation in the latter case with the mother, and when the mother has no one to whom to entrust her child, the governor of the institution must, in time for the necessary steps to be taken, report the case to the authorities for child care and to the probation service centre, who in any case must ensure the maintaining of constant contact between mother and child.
Art. 20
Special provisions for the mentally infirm or disabled
1. Regarding internees or prisoners who are mentally infirm or disabled, except for the provisions of the paragraphs below, actions must be implemented which shall encourage their participation in all the activities organised for them, and in particular those which shall permit them, whenever possible, to maintain, improve or re establish relations with their families and with society, also by means of visits beyond the limits stipulated by Article 37. The public health service of the territory shall have access to the institution in order to assess the conditions and needs of the concerned persons and to come to an agreement with the prison workers as to the outside resources needed for prisoners being taken into the charge of the public service and for their subsequent reintegration into society.
2. Checks on correspondence may be requested for internees or prisoners who are mentally infirm or disabled, in addition to the cases included in Article 38, also for therapeutic requirements certified by the health officer.
3. In the granting of permits for visits and in authorising telephone correspondence, account should also be taken of the requirements referred to under Paragraph 1.
4. Mentally infirm or disabled internees or prisoners who according to the medical officer are able to carry out a productive work or a useful service are admitted to work and enjoy the relevant rights.
5. Those who are not able to carry out a productive work or a useful service may be assigned, their health status permitting, to ergotherapeutic work activities; they shall be granted remuneration as provided by ministerial decree.
6. The provisions concerning the training of the body of representatives provided for by Articles 9, 12, 20 and 27 of the Penitentiary Act also apply to the mentally infirm or disabled. However, if any of the representatives drawn by lot are, according to the health officer, unable to carry out their duties on account of their mental condition, the supervisory judge can exclude them. Those excluded shall be replaced by other internees or prisoners, drawn in their turn by lot.
7. In the case of the mentally infirm or disabled, disciplinary sanctions apply only when, according to the health officer, there exists sufficient mental capacity to understand the infraction committed and an adequate understanding of the consequent sanction.
8. Mentally infirm or disabled internees or prisoners on leave, licence or in semi-liberty shall receive, where appropriate, assistance by the public psychiatric services of the local authorities.
9. Drug addict internees or prisoners who also present signs of mental infirmity are treated in collaboration with the drug addiction service and the psychiatric service.
10. This article, as well as Articles 17, 18 and 19, shall apply until the full implementation of legislative decree no. 230 of 22 June 1999.
Art. 21
Library service
1. The governor of the institution must ensure that prisoners and internees have easy access to the publications in the library of the institution, as well as the possibility, through appropriate agreements, to read the publications of public libraries and reading centres operating in the place where the institution is located.
2. In the choice of books and periodicals for the institution library, a well balanced representation of the cultural variety existing in society must be achieved.
3. The library service is entrusted, as a rule, to an educator. For the keeping of publications, the drawing up of card files, the distribution of books and periodicals, and the carrying out of initiatives for the spreading of culture, the person responsible for the library can avail himself of the services of the representatives of the prisoners and internees provided by Article 12 of the Penitentiary Act; the latter shall carry out the above duties in their free time. He can, also make use of one or more prisoners as copyists, who shall be remunerated on a regular basis.
4. Three or five representatives of the internees or prisoners are drawn by lot, with the procedures provided by Article 67, for institutions with a number of inmates not exceeding or exceeding five hundred respectively.
5. As part of the library service, a reading room shall be provided for the use of prisoners and internees. Prisoners and internees who are workers or students can use the reading room also at times subsequent to the carrying out of their work or study activities. The internal regulations fix the manner and times of access to the reading room.
CHAPTER III
Entrance into the institution and treatment methods
Art. 22
Admission to the institution
1. The governors of penal institutions must accept the persons referred to by Article 94 of legislative decree no. 271 of 28 July 1989, and those who give themselves up declaring that they do so in order to enforce a measure resulting in the deprivation of their freedom.
2. In any case, the person shall be subjected to isolation as specified by number 3 of Article 33, paragraph 1 of the Penitentiary Act only if the judicial authority has given orders to that effect.
3. When a person is admitted who cannot be held because he must be submitted to detention measures which are different from those for which the prison institution is intended for, the governor must inform the Department of Penitentiary Administration so that he can be assigned appropriately.
4. In the case of arrest in the act of committing a crime or of arrest of a suspect of crime, the information required by the competent judicial authority must be supplied by the investigating police before the admission of the prisoner to the institution, to allow the issuing of any necessary isolation order in accordance with Paragraph 3 as soon as possible. The governor shall proceed in the same way when a person appears at the institution of his own free will who has not yet had a measure restricting his/her personal liberty by the judicial authority.
5. The provision of the judicial authority regarding isolation must specify the manner, limits and duration of said isolation.
6. In cases where the above elements are not indicated, the governor shall request from the competent judicial authority the necessary adjustments. He shall in any case notify the authorities of the onset of mental or physical suffering of the person held.
7. During judicial isolation, contact can be made with the isolated prisoner, in observance of the procedures established by the Department of penitentiary administration, by the personnel and other penitentiary workers, including those not forming part of the personnel of the administration who are employed, authorised or delegated by the governor of the institution.
Art. 23
Procedures of admission to the institution
1. The governor shall see to it that the internee or prisoner, upon his admission, is subjected to a search of his person and the taking of his fingerprints, and is enabled to exercise the faculty provided by Article 29, paragraph 1 of the Penitentiary Act, with the procedures provided for by Article 62 of the present regulations. The subject shall be submitted to a medical examination not later than the following day.
2. Without prejudice to the provisions of Article 24, paragraph 4, when medical or other examinations show a convicted person to be in any of the conditions specified in Articles 146 and 147, Paragraph one, numbers 2) and 3) of the criminal code, the governor of the institution shall transmit the documents thereof to the supervisory judge and to the supervisory court for the provisions respectively pertaining to them. The governor shall proceed likewise when the person involved is on pre-trial detention, and shall transmit the acts to the proceeding judicial authority.
3. An expert in observation and treatment shall carry out an interview with the internee or prisoner upon his admission to the institution, in order to verify whether, and with what precautions, he can adequately withstand the sta¬te of restriction. The results of said examinations shall be communicated to the professionals responsible to carry out the appropriate interventions and to the observation and treatment team workers in accordance with Article 29. Any elements of risk shall be communicated to the judicial bodies referred to in Paragraph 2. If the person has problems of drug addiction, this shall be communicated to the drug addiction service operating inside the institution.
4. Upon the completion of the above operations in accordance with the preceding paragraphs and in the shortest time possible, the management of the institution shall request from the Penitentiary Administration Department information as to any preceding detentions, so as to acquire any pre existing personal file.
5. The governor of the institution, or else a prison worker designated by him, shall carry out an interview with the subject, in order to find out the necessary information to enrol him in the register provided for by Article 7 of the regulations for the execution of the code of criminal procedure under ministerial decree n. 334 of 30 September 1989, and to start the compilation of his personal file, and to provide him with the information referred to by Article 32 of the Penitentiary Act, and to hand over the abstract referred to by Article 69, paragraph 2 of the present regulations. In particular, information shall be given as to the possibility of being granted measures alternative to detention and the other penitentiary benefits and the prisoner is asked the consent to the possible utilization of control procedures by electronic devices or other technical instruments as per article 275 bis of the code of criminal procedure. The minutes containing the relevant statement of the prisoner shall be transmitted without delay to the competent judicial authority.
6. Whenever an internee or a prisoner refuses to provide his details or when there are valid reasons to presume that the details given are false, and provided that the subject's exact details cannot otherwise be known, the subject is identified under the temporary denomination of "unknown", with recourse to a photograph and to references to observed and noted physical features, all of which shall be conveyed to the judicial authority.
7. In the course of the interview, the subject shall be asked to speak about any personal or family problems requiring immediate interventions. The probation service centre should be informed of such problems by the governor.
8. Objects given up by the internee or prisoner, as well as those found on his person and that cannot be left in his possession, shall be withdrawn and deposited in the governor's office. Objects which cannot be kept shall be sold for the benefit of the subject or else sent, at his expense, to a person designated by him. A report shall be made of the above operations.
9. Notice must be given to the proceeding judicial authority concerning objects given up by accused persons or found on their person.
10. Contacts and interventions of penitentiary workers, of voluntary assistants under Article 78 of the Penitentiary Act, and of the representatives of the outside community authorised in accordance with Article 17 of the Penitentiary Act, as well as those of the social and health workers of the local assistance structures and services to carry out therapeutic programmes of social education treatment, carried out institutionally with accused persons, convicts and internees, shall not be considered as visits and thus the provisions of Article 18 of the Penitentiary Act and Article 37 of the present regulations do not apply to them.
Art. 24
Details to be registered
1. In the register provided by Article 7 of the regulations for the execution of the code of criminal procedure under ministerial decree no. 334 of 30 September 1989, besides the details relating to the persons therein indicated, analogous information must be inserted, in chronological order, relating to internees or prisoners who enter or leave the institution due to transfer or transit.
2. Before use, the register must be shown to the governor of the institution, who shall number each page and shall put on it the seal of approval of his office. At the end of the register, the governor shall indicate the total number of pages and write the date and his signature.
3. The provision under Paragraph 2 shall also be observed for the register according to Article 123 of the code of criminal procedure and Article 44 of legislative decree no. 271 of 28 July 1989.
4. The petitions, appeals and declarations provided for by Article 123 of the code of criminal procedure shall be communicated to the judicial authority by means of abstract or certified copy. In the case of an emergency, the quickest means of communication shall be used. The petitions of prisoners and internees relating to the measures provided for by Chapter VI of title I of the Penitentiary Act shall be transmitted to the supervisory judge or to the supervisory court within three days of their presentation.
Art. 25
Register of lawyers
1. Each penal institution has a copy of the register of lawyers of the district, which must be affixed in such a way that prisoners and internees can view it.
2. It is forbidden for penitentiary workers to influence the choice of the defence lawyer, either directly or indirectly.
Art. 26
Personal file
1. A personal file is established for each prisoner or internee, the compilation of which starts when the subject first arrives at the institution. The file shall accompany the subject in case of transfer, and is ultimately stored in the archives of the institution from which the prisoner or internee is released. Immediate notice of this shall be given to the Department of Penitentiary Administration.
2. The personal file contains the subject's personal data, his finger prints, a photograph and all other elements needed to enable his exact identification.
3. The personal file, in addition to what provided for by Article 94 of legislative decree no.271 of 28 July 1989, shall contain the data and indications provided for by Article 13, paragraph 4 of the Penitentiary Act, with specific mention of remuneration, disciplinary sanctions and infractions for which these were incurred, as well as suspensions, pardons and annulment of sanctions, petitions and measures in accordance with chapter VI of title l of the Penitentiary Act, the imposition of special surveillance regime and any complaints submitted, together with all other information requested by ministerial provisions.
4. All measures issued by the supervisory judge and the supervisory court under Article 14 ter and chapter VI of title l of the Penitentiary Act shall be communicated to the governor of the institution for the entry into the personal file. Measures relating to the assignment to the probation service, to semi-liberty and home detention shall also be communicated to the probation service centre of the place where the alternative measure to detention is carried out.
5. On completion of every six month period of a prison sentence or of pre-trial detention, the opinion expressed by the governor on the elements under Article 103, paragraph 2, must be written into the personal file of each prisoner.
6. Upon the transfer of a prisoner or internee to another institution, an overall assessment of his treatment and conduct shall be written into his personal file.
Art. 27
Observation of offenders’ personality
1. The scientific observation of the offender’s personality is designed to evaluate the needs of each individual regarding possible physical, mental, personal, education or social problems which have prevented the subject from establishing normal social relationships. The observation shall be supported by the acquisition of judicial, penitentiary, clinical, psychological and sociological data to be evaluated with reference to the past attitudes of the subject regarding his experiences and to his present willingness to take advantage of his treatment. On the basis of the judicial data acquired, an interview shall take place with the convict or internee in which he shall have an opportunity to reflect on his criminal acts, the reasons for them and their negative consequences for himself, and the ways in which he can make amends for them, including compensation to the victim.
2. At the outset, the observation is specifically designed to establish, with the co operation of the convict or internee, the elements relevant to the planning of the tailored treatment programme, which shall be completed within nine months.
3. During the treatment, the observation is designed to ascertain, by means of an examination of the behaviour of the subject and the changes in his relationships with others, any new needs requiring a change in the treatment programme.
4. The continuous nature of the observation and treatment of internees and prisoners must be guaranteed in the case of their transfer to other institutions.
Art. 28
Carrying out of the observation of offenders’ personality
1. The scientific observation of the offender’s personality shall be carried out, as a rule, at the institution where the subject is serving his sentence or where the security measures are enforced.
2. When the need arises for particular investigations to be made, at the governor's motivated proposal the subject to be observed shall be assigned to an observation centre.
3. The observation shall be conducted by personnel employed by the administration or, when necessary, also by the professionals referred to by paragraphs 2 and 4 of Article 80 of the Penitentiary Act.
4. Observations shall be carried out under the responsibility of the governor of the institution and shall be co ordinated by the same.
Art. 29
Tailored treatment programme
1. The treatment programme contains the specific indications under Article 13, paragraph 3 of the Penitentiary Act, in compliance with the principles laid down in Article 1, paragraph 6 of the same.
2. The programme shall be draft by an observation and treatment team presided over by the governor of the institution and composed of the personnel and experts who carried out the observation procedure indicated in Article 28.
3. The team shall hold periodic meetings, in the course of which they shall examine the progress of the treatment carried out and its results.
4. The technical secretary of the team is entrusted , as a rule, to the educator.
Art. 30
Assigning internees or prisoners to institutions
1. At the beginning of their sentence or security measure, convicts and internees shall be provisionally assigned to an institution meant for the type of sentence or security measure to which they have been subjected, situated in their region of residence. Whenever this is not possible, either because there is no such institution or because no place is available, they must be assigned to another institution of the same category situated in a nearby locality.
2. The observation activities provided for by Article 13 of the Penitentiary Act shall be carried out in the provisionally assigned institution.
3. A permanent assignment is decided on the basis of the formulation of the tailored treatment programme.
4. For the permanent assignment of convicts and internees, account must be taken of the correspondence between the indications of the treatment contained in the tailored programme and the type of treatment organised in the institutions under Article 115.
5. Temporary or permanent assignments involving transfers from one regional Directorate to another are under the responsibility of the Department of Penitentiary Administration. Within the same district, this is the responsibility of the regional Director, who shall inform the Department of Penitentiary Administration, without prejudice for the assignments of prisoners and internees which are, in accordance with the regulations currently in force, under the responsibility of the Department of Penitentiary Administration.
Art. 31
Grouping in the wings
1. With the view of distribution of prisoners and internees according to the provisions set out in Article 14, paragraph 2 of the Penitentiary Act, penal institutions shall organise internal sub divisions in wings allowing limited groupings of persons.
2. Accused persons who are not in isolation provided for by n. 3) of Article 33, paragraph 1 of the Penitentiary Act, shall be assigned to the different wings of the pre-trial detention facility according to their age, previous prison experiences, intentional or non-intentional nature of the alleged offence and its general character.
Art. 32
Assignment and grouping for precautionary reasons
1. Prisoners and internees whose behaviour demands special precautionary measures, also to safeguard other prisoners from possible aggression or abuse, shall be assigned to special institutions or wings where such precautionary measures shall be adopted more easily.
2. The continuance of precautionary reasons shall be checked every six months.
3. Moreover, special care shall be devoted to the assignment of those prisoners and internees liable to be aggressed or abused by other prisoners. To such end special wings shall be arranged, although the individuals’ assignment to those wings shall be frequently checked in order to verify the continuance of reasons for their separation from community.
Art. 33
Regime of special surveillance
1. Whenever the Department of Penitentiary Administration, either on its own initiative or upon indication or proposal of the prison management or upon indication of the judicial authority, shall decide to apply or extend the regime of special surveillance for an internee or a prisoner under Article 14 bis, paragraph 1 of the Penitentiary Act, it shall ask the prison governor for the convening of the disciplinary council so that the latter express its opinion within ten days.
2. The judicial authority shall submit opinions under Article 14 bis, paragraph 3 of the Penitentiary Act to the Department of Penitentiary Administration within ten days.
3. The prison management shall previously require to the competent judicial authority under Article 11, paragraph 2 of the Penitentiary Act the authorisation to check incoming and outcoming correspondence in case such restriction is provided for by the provision implementing or extending the regime of special surveillance. The provision shall be issued by the judicial authority within ten days from the date of reception of the request by the office.
4. The provision providing for the temporary regime of special surveillance which the internee or the prisoner is undergoing shall be notified to the internee or the prisoner, who shall sign for acknowledgement.
5. The prison management shall notify the internee or the prisoner the provisions implementing permanently or extending the regime of special surveillance through the release of an integral copy of the relevant documents as well as of the document providing for the previous temporary special surveillance, if any.
6. Any provision implementing or extending the regime of special surveillance and any submitted complaints with relevant results shall be recorded in the personal file.
7. The institution management shall submit case by case to the Supervisory judge the copies of each of the above mentioned provisions and complaints, if any, submitted by the concerned person.
8. Should the internee or prisoner assigned to the regime of special surveillance be transferred, albeit temporarily, to another institution under the jurisdiction of a different supervisory office, the prison management where the prisoner has been assigned, shall inform such office and submit also copies of measures and complaints hereof.
9. Should no wing be available for the application of the regime of special surveillance within the institution where the prisoner or internee is held without compromising neither other internees or prisoners nor order and security, the transfer to another suitable institution shall be arranged. Whenever necessary, the internee or prisoner assigned to the regime of special surveillance shall be transferred to one of the institutions or wings under Article 32.
Art. 34
Complaint against provision of special surveillance
1. Any complaint against permanent provision of special surveillance, should it be proposed through an act received by the institution governor, shall be recorded in the register under Article 123 of the Italian Code of Criminal Procedure and under Article 44 of the legislative decree 28th July 1989, n. 271 and the certified copy shall be transmitted at latest the following day to the Supervisory Court that shall also receive a copy of the concerned person personal file and of the provision implementing or extending the regime of special surveillance. In case of special emergency the communication shall be transmitted by the most rapid means.
2. While presenting the complaint the internee or prisoner may appoint a lawyer.
3. The Department of Penitentiary Administration, should it not provide for directly, shall delegate the Regional Director or the institution Governor to submit to the Supervisory Court some memories on the provision against which the internee or prisoner complained.
Art. 35
Foreign prisoners and internees
1. In the enforcement of liberty deprivation measures for alien nationals their linguistic difficulties and cultural differences shall be taken into account. Contacts with their home country consular authorities shall be favoured.
2. Furthermore, the intervention of cultural mediation workers shall be favoured also through agreements with local bodies or volunteers associations.
Art. 36
Internal regulations
1. The Penitentiary Administration shall give directives provided for by Article 16, paragraph 1 of the Penitentiary Act, in order to implement the different treatment methods set out under Article 14 of the Penitentiary Act, also through the differentiation of institutions.
2. The internal regulations, besides methods of treatment interventions and provisions set out under Articles 16 and 31 of the Penitentiary Act and Articles 8, 10, 11, 13, 14, 37, 67 and 74 of the regulations, shall govern in any case the following topics:
- opening and closing time of the institution;
- times concerning the organisation of the daily life of prisoners and internees;
- procedures to carry out services arranged for prisoners and internees;
- stay time in common areas;
- time schedule, shifts and procedures for outdoor stay;
- time schedule and special procedures for visits and correspondence also by phone;
- allowed posting and relevant procedures;
- allowed games.
3. Internal regulations may also govern some of the above mentioned topics with a different procedure for special wings of the institution.
4. In the drawing up of internal regulations, the committee provided for by Article 16, paragraph 2 of the Penitentiary Act must comply with the directives set forth by the Penitentiary Administration under Article 16, paragraph 1 of the Penitentiary Act and Paragraph 1 of this Article. In case of intervening directives, the rules of internal regulations not complying with them shall become void and shall be modified by the committee to comply them with such directives within twenty days from their reception.
5. Prisoners and internees shall be notified of the internal regulations.
Art. 37
Visits
1. Visits with convicts, internees and accused persons after the first degree sentence shall be authorised by the prison governor. Visits with people other than relatives or cohabitants shall be authorised in case reasonable grounds exist.
2. As to visits with accused persons before the 1st degree sentence, applicants shall have to submit the authorisation issued by the proceeding judicial authority.
3. People authorised to the visits shall be identified and, then, checked, according to the procedures set forth by the internal regulations in order to prevent the introduction of dangerous or not allowed objects.
4. During the visit, behaviour must be correct and must not be disturbing for others. The supervising staff may interrupt the visit of people having an incorrect or troublesome behaviour and shall notify the governor who shall decide on exclusion.
5. Visits shall be held in internal premises without partitions or in open areas specially devoted to that. When there are health or security reasons, visits shall be held in common internal premises with partitions. For special reasons, the management shall authorise visits to be held in separate premises. In any case, visits shall be held under the direct visual supervision of the Penitentiary Police staff.
6. Special premises shall be devoted to the prisoner lawyer interviews.
7. For sick prisoners and internees visits may be held in the infirmary.
8. Prisoners and internees shall enjoy six visits per month. In case of internees or prisoners for one of the crimes under the first sentence of Article 4 bis, paragraph 1 of the Penitentiary Act and to whom the benefit right hereunder is not applied, visits shall not exceed four per month.
9. For seriously sick subjects, or in case of visits with children younger than 10 year or in case of special circumstances, visits may be allowed regardless of the limitations set out under Paragraph 8.
10. The visit can last no more than one hour. Under very special circumstances the duration of the visit with relatives or cohabitants may be extended. In any case the duration of the visit with relatives and cohabitants shall be extended to two hours in case the concerned person lives in a local council area different from that in which the prison is situated and in case during the previous week the internee or the prisoner has not enjoyed any visit and the needs and organisation of the prison allow it. Not more than three persons shall take part to each visit with the internee or the prisoner. Derogation from that rule shall be allowed in case of visit with relatives or cohabitants.
11. In case members of the family hold no relations with the internee or the prisoner, the management shall inform the Probation service Centre for due action.
12. Every visit shall be recorded in the special register together with the permit identification data.
13. For prisoners working on every week day, visits may be granted on non-working days, whenever possible.
Art. 38
Correspondence by letter and telegraph
1. Prisoners and internees shall be allowed to send and receive correspondence by letter and telegraph. The management may also allow fax reception.
2. In order to allow correspondence, every week the Administration shall supply free of charge both materials for writing a letter and relevant stamp to those prisoners and internees without funds.
3. At the prison shop stationary necessary for correspondence shall always be available for sale.
4. The internee or the prisoner shall write his first name and family name on the envelope of the outcoming correspondence by letter.
5. Incoming or outcoming correspondence in sealed envelope shall be inspected in order to detect the possible presence of valuables or other objects that are not allowed. The inspection shall be carried out in such a way to ensure the absence of check on the written contents.
6. Should the management suspect that the incoming or outcoming correspondence by letter may contain crime elements or elements that could entail a menace to order and security, the letter shall be withheld and immediate notification shall be sent to the Supervisory judge for the adoption of due measures, or, in case of accused persons until the first degree sentence to the proceeding judicial authority.
7. The correspondence by letter, after undergoing the check upon request or officially, shall be delivered or withheld upon decision of the Supervisory judge or of the proceeding judicial authority.
8. Provisions under Paragraphs 6 and 7 shall also apply to telegrams and incoming faxes.
9. Should the management deem an outcoming telegram must not be sent for the reasons under Paragraph 6, it shall inform the Supervisory judge or the proceeding judicial authority that shall decide whether to send the telegram or not.
10. Should correspondence be withheld the internee or the prisoner shall be immediately informed.
11. No checking procedure shall be applied to the correspondence by letter of internees or prisoners addressed to administrative or judicial international bodies for human rights of which Italy is a member state.
Art. 39
Correspondence by phone
1. Every institution shall be equipped with one or more telephones, according to the needs.
2. Convicted offenders and internees may be authorised by the prison Governor to have correspondence by phone with relatives and cohabitants, or, if reasonable and acknowledged reasons exist, with people other than relatives or co¬habitants once a week. They may also be authorised to the correspondence by phone with members of the family or other cohabitants on the occasion of their return to the prison after a leave. In case of internees or prisoners for one of the crimes under the first sentence of Article 4 bis(1) of the Penitentiary Act, to whom the benefit right hereunder is not applied, the telephone calls shall not exceed two per month.
3. Authorisation may be granted, beyond the limitations under Paragraph 2, for urgent or special relevance reasons, in case of correspondence with children younger than ten year or in case of transfer of the prisoner.
4. Accused persons shall be authorised to correspondence by phone with the frequency and modalities under Paragraphs 2 and 3 by the proceeding judicial authority or, after a first degree sentence, by the Supervisory judge.
5. The internee or the prisoner wishing to have correspondence by phone shall submit a written application to the competent authority indicating the required telephone number and the names of people to talk to. The allowed authorisation shall be valid until revocation. For cases set out under Paragraphs 2 and 3 the applicant shall also indicate the reasons allowing authorisation that shall remain valid, if granted, until the indicated reasons exist. The decision on the application, either in case of acceptance or rejection, shall be motivated.
6. The phone contact shall be set by the prison staff through the available technological tools. Each conversation shall last up to ten minutes.
7. The judicial authority competent for checking the correspondence by letter under Article 18 of the Penitentiary Act, may prescribe hearing and recording of phone conversations through suitable tools. When a prisoner or an internee detained for the crimes under Article 4 bis of the Penitentiary Act is allowed a telephone call upon his request, that telephone conversation shall always be recorded.
8. The correspondence by phone shall be charged to the concerned person, also in case phone cards are used.
9. The cost shall be calculated for each phone call and simultaneously to it.
10. In case of call from outside aiming at a correspondence by phone with internees or prisoners, the concerned person shall be informed only of the name declared by the calling person, unless special precautionary reasons exist. In case the call is from a relative or a cohabitant being imprisoned too, the conversation shall be allowed provided that both have been authorised, without prejudice to provisions set out under Paragraph 7.
Art. 40
Use of radio equipment and other tools
1. Internees or prisoners shall be authorised to use a personal radio equipment. Moreover, the Governor may authorise the use, also in the cell, of personal computer and portable cassette and CD player for work and study reasons.
2. Special ministerial provisions shall set features, procedures for the use and conventional expense, if any, for electric energy.
Art. 41
Courses of compulsory school education
1. The Ministry of Education, after due agreements with the Ministry of Justice, shall issue directives to the peripheral education bodies for the organisation of courses of compulsory school education, without prejudice to the procedures under Article 43(1) on compulsory attendance in courses of secondary high school education. The implementation, development and co-ordination of courses shall be mainly based on protocols of agreement between the above mentioned ministries.
2. The Director of the Regional Education Office, on the basis of indications and requests from the penal institutions management and from school senior officers, shall agree with the Regional Director of Penitentiary Administration the schedule and type of courses of compulsory education to be organised within the Provincial Education Office according to the need of prisoners.
3. The didactic structure and the development of courses shall be organised by the competent bodies of the education administration. The management of institutions shall supply suitable premises and equipment.
4. Management of institutions shall provide internees or prisoners suitable information about the development of courses to favour their widest participation. Management shall also guarantee that the time schedule of courses shall be compatible with the participation of people taking part to working or other activities organised within the institution. As far as possible, transfers to other institutions of internees or prisoners participating in education activities, although motivated by overcrowding reasons, shall be avoided, as well as any action liable to interrupt participation to the activities hereof. Management deeming it right to propose the transfer of internees or prisoners attending courses shall ask for the relevant opinion of Observation and Treatment workers and of education authorities; these opinions shall be enclosed to the transfer proposal submitted to bodies competent for decision. In case the transfer is decided, it shall be to an institution ensuring the transferred person didactic continuity.
5. For the carrying out of courses and of curricula complementary activities, education authorities may avail themselves, upon agreement with institutions management, of the voluntary contribution of skilled staff operating under the didactic responsibility of the school staff.
6. In every penal institution a didactic committee shall be established with advice and proposal functions, being chaired by the institution Governor and composed by the Head of the Treatment area and teachers. The council shall be convened by the Governor in order to draw up a yearly or multi-annual education project.
Art. 42
Courses of vocational training
1.Institution management shall favour the participation of prisoners in vocational training courses, according to their needs, both nationals and alien nationals, and to the demand of the labour market. To such end management shall promote agreements with the regional authority and competent local bodies. Under the last Paragraph of Article 21 of the Penitentiary Act, courses may be held totally or partially, with special reference to practical courses, outside the institutions.
2. The Penitentiary Administration shall favour agreement protocols with local bodies ensuring the internee or prisoner continuity of attendance and the opportunity to get the qualification even after release.
3. Institution management may supply suitable premises and equipment and may plan, in consultation with the Regional Directorate of the penitentiary administration, training activities satisfying the special needs of prisoners and internees aiming at developing work activities in prison.
4. Management of institutions shall provide internees or prisoners suitable information about the development of courses to favour their widest participation. Management shall also guarantee that the time-schedule of courses shall be compatible with the participation of people taking part to working or other activities organised within the institution. As far as possible, transfers to other institutions of internees or prisoners participating in education activities, although motivated by overcrowding reasons, shall be avoided, as well as action liable to interrupt participation to the activities hereof. Management deeming it right to propose the transfer of internees or prisoners attending courses, shall ask for the opinion of Observation and Treatment workers and of teachers; these opinions shall be enclosed to the transfer proposal submitted to bodies competent for decision. In case the transfer shall be decided, it shall be to an institution granting the transferred person didactic continuity.
5. Upon agreement with institutions management, for the carrying out of courses and of their complementary activities the voluntary contribution of skilled staff may be used working under the didactic responsibility of the local bodies staff.
6. Provisions under Article 41, paragraph 6 shall apply.
Art. 43
Courses of secondary high school education
1. Courses of secondary high school education, including compulsory education provided by current regulations, shall be organised, on demand of the Penitentiary Administration, by the Ministry of Education through the creation of branches of schools of the said level in some penal institutions. The location of such branches shall be decided with reference to the indications of the agreement protocol under Article 41 paragraph 1, by ensuring the presence of at least one branch for region.
2. Prisoners and internees, who express a true aspiration to carry out such studies and who shall have to remain under the liberty deprivation measure for a period of time not lower than a school year, shall be admitted to those courses.
3. Provisions under Article 41 paragraphs 3, 4, 5 and 6 are applied.
4. To favour prisoners and internees unable to attend regular courses, the institution management shall agree with a near Institute of secondary high school education the procedures for the organisation of individual courses to prepare exams for access to intermediate study years of secondary high school education courses. To such end, duly professionally skilled persons may be contacted. The same benefit is granted to accused persons.
5. Agreements with education authorities shall be made to enable students to take exams provided for courses.
6. In case the attendance of courses is not compatible with working activities, as provided for by Article 41, paragraph 4,, convicted persons and internees attending courses under Paragraph 1 of this Article, shall be exonerated from work. Those attending preparation courses under Paragraph 4 shall be exonerated from work on their demand.
Art. 44
University studies
1. The participation in university studies for prisoners and internees enrolled in university courses or in possession of requirements for enrolment in such courses shall be favoured.
2. To such end, special agreements shall be made with university authorities to ensure students any available support and to enable them to take exams.
3. Those attending university courses may be exonerated from work, upon request, according to the efforts and results obtained.
4. Prisoners and internees being university students shall be assigned, if possible, to cells and wings suitable to study; moreover, common areas shall be made available to them. Students can be authorised to have in their cell or in other study areas, books, publications, and every didactic tool required.
Art. 45
Economic benefits for students
1. The attendance of vocational training courses shall entail the reception of a hourly benefit as per ministerial decree.
2. Courses may be organised during working hours only if it is impossible to hold them in times other than those devoted to study or working activities. In this case, prisoners and internees attending courses shall receive, for the work done, a payment proportional to the amount of hours of the actually performed work, besides the benefit under Paragraph 1 for the hours of course attendance.
3. For attendance to secondary high school courses, prisoners shall receive a daily benefit as per ministerial decree for each day of attendance or absence not depending on their will. In the interval between the end of the school year and the beginning of the new school year students shall receive a reduced benefit for week days, as per ministerial decree, provided that they have successfully passed the school year and do not receive any earning.
4. At the end of each school year students attending individual courses of secondary high school education and having passed their exams to all effects and purposes under the law, as well as students attending courses at public universities or equivalent institutes and having passed all of the exams of the year, shall receive a reimbursement, if they are in difficult economic situation, of expenses supported for taxes, school fee and text books, and shall also receive a reward for the results achieved according to the decision of the Department of Penitentiary Administration.
5. Compulsory school courses can be organised during working hours only if it is impossible to hold them in times other than those devoted to study or working activities, as provided for by Article 41, paragraph 4. In this case, prisoners and internees attending courses shall receive, for the work done, a payment proportional to the amount of hours of the actually performed work.
6. Prisoners and internees having successfully passed the attended course shall receive a reward for the results achieved according to the decision of the Department of Penitentiary Administration.
7. Persons enjoying scholarships or school aid shall not receive economical benefits under this Article.
8. The total amount of money for benefits and rewards for the results achieved under this Article is provided every year by a Decree of the Ministry of Justice, in agreement with the Ministry of Treasure and the Budget and Economic planning Ministry.
Art. 46
Exclusions from courses of education and vocational training
1. Should the internee or prisoner, during the education courses, even individual, or vocational training, hold a behaviour unfulfilling his tasks, he shall be excluded from the course.
2. The provision of exclusion from the course shall be adopted by the institution Governor after hearing the advice of the Observation and Treatment team and of education authorities and shall be motivated, notably should the exclusion be decided contrarily to the above mentioned authorities’ advice. The provision may be withdrawn should the internee's or prisoner's behaviour enable his re-admittance to the courses.
Art. 47
Work organization
1. Prison working activities, both inside and outside the prison, may be organized and managed by the prison management according to the planning guidelines set by the Regional Directorates. They may also be organized and managed by public and private companies and, in particular, by social co operatives, in premises made available under bailment by the management. The relationships between the management and the companies shall be defined through agreements which shall also govern the possible utilisation, if necessary under bailment, of the premises and the equipment that already exist inside the institutions, as well as the procedures to charge to the company the expenses met in carrying out the production activity. The internees and the prisoners carrying out this kind of working activities shall be employed, as far as the work relationship is concerned, directly by the companies managing those activities. The employer shall be bound to pay to the management of the institution the remuneration due to the workers, after the deductions provided for by the law, and the amount of possible family allowances for their families on the basis of the documents sent by the prison management. The employers shall have to prove to the management the fulfilment of their obligations in relation to insurance and social security.
2. Working activities inside the institution shall be organised, as much as possible, in rooms located outside the detention wings, equipped with suitable areas to enable workers to have their meals during the working time.
3. The agreements provided for by Paragraph 1, particularly with social co-¬operatives, may also have as subject matter internal services such as provision of food, cleaning and maintenance of buildings.
4. The Penitentiary Administration shall use, as a rule, prison working activities for the supply of clothes and outfit, as well as for the supply of furniture and everything else is necessary to the prisons. Work orders among the institutions shall not entail any economic relationship among them, and the Department of Penitentiary Administration or the Regional Directorate, according to their respective competence, shall only have to ascertain the validity of the request and the possibility to produce the necessary goods by the prison with which the order was placed. Resort to external companies for the above mentioned supplies shall be justified only in case of a remarkable economic convenience, for the assessment of which it shall also be necessary to take into consideration the essential function of prison treatment, which prison working activities must perform.
5. The production shall be destined to satisfy, in this order: the Penitentiary Administration work orders, the other State Administration orders, and those of public and private bodies.
6. State Administrations and public bodies work orders shall be distributed by the Department of Penitentiary Administration which, to this purpose, shall also keep the opportune contacts with the State Directorate offices. Prisons management may directly receive work orders coming from private persons.
7. When work orders come from public or private companies the possibility may be agreed for the customer to supply the raw and the accessory materials, the equipment, and the technical personnel. The value of these performances shall be taken into account in order to determine the incidence on costs and the consequent price of products.
8. Should the work orders not be sufficient to absorb the whole labour capacity of prison working activities, the Administration, after carrying out an analysis of the market labour absorption possibilities, may organize and manage working activities aimed at the production of given goods which shall be offered on unrestricted sale even through public companies.
9. When the prisons management, in order to favour the assignment of prisoners and internees to work, shall deem opportune to sell the products of prison working activities at a price being equal to or even cheaper than their cost under Article 20, paragraph 13 of the Penitentiary Act, they shall enquire with the Chamber of Commerce, Industry, Handicraft, and Agriculture or with the Technical Revenue Office, or with the Municipal Authorities about the prices applied to corresponding products on the wholesale market in the area where the institution is located in order to set the products selling prices.
10. The number of jobs available for the inmates of each institution shall be fixed in a suitable table prepared by the management, making the distinction between inside working activities, outside working activities, and services for the prison. The number of jobs for work at home inside the institution as well as jobs that shall be available outside shall also be indicated in the table. The table shall be modified according to the situation and it shall be approved by the Regional Director.
11. In institutions for minors particular care shall be taken in the organization of work activities for vocational training.
Art. 48
Outside work
1. The admission of convicted persons and internees to outside work shall be ordered by the management only when it is provided for by the treatment programme and it shall become executive only after provision approval by the Supervisory Judge under Article 21, paragraph 4 of the Penitentiary Act.
2. Accused persons admission to outside work, ordered by the management upon authorisation of the proceeding judicial authority under Article 21, paragraph 2 of the Penitentiary Act, shall be then communicated to the Supervisory Judge.
3. The institution management must motivate the request for provision approval or for the outside work admission authorisation request, also with respect to the opportunity of providing an escort, by accompanying it with all of the necessary documents.
4. The Supervisory Judge or the proceeding judicial authority, depending on the cases, while approving the convicted person or internee admission to outside work or while authorising the accused person admission to outside work, must take into consideration the kind of offence, the duration, either actual or foreseen, of the measure depriving liberty and of the remaining part of it, as well as the need to prevent the person admitted to the outside work from committing other crimes.
5. The internees and the prisoners admitted to outside work shall wear civilian clothes; handcuffs shall not be imposed to them.
6. The escort of the internees and of the prisoners admitted to outside work, should it be deemed necessary for security reasons, shall be made by the Penitentiary Police personnel according to the procedures set by the institution management. The Penitentiary Police staff specifically commanded, as well as the State Police Force staff and the "Cara¬binieri" staff may carry out controls on the internees while they work outside.
7. The taking of minors working outside the places where they work, should it be deemed necessary for security reasons, may be carried out by the Penitentiary Administration staff personnel belonging to any title.
8. The Department of Penitentiary Administration shall seek for forms of co operation with the competent authorities within the frame of the current legislation in order to enable the internees’ and the prisoners’ assignment to outside work.
9. The Regional Director shall give orders to the management of the institutions in order to favour the full assignment of jobs available outside the institutions.
10. The employers of internees or prisoners shall be bound to pay to the institution management the remuneration due to the workers, after the deductions provided for by law currently in force, as well as the amount of possible family allowances on the basis of the documents sent to the management. The employers must also prove to the management itself the fulfilment of their obligations in relation to the insurance and social security.
11. The internees and the prisoners admitted to outside work shall exercise the rights that are recognized to free workers with the only limitations that ensue from obligations inherent in the execution of the liberty deprivation measure.
12. Admission to outside work for the carrying out of self-employment may be granted provided that there are the conditions described under Article 21, paragraph 1 of the Penitentiary Act and only if it involves an activity which is regularly authorised by the competent bodies and if the internees or the prisoners prove they have the necessary skills and may devote to it with professional commitment. The internee or the prisoner shall be bound to pay to the institution management the financial profit deriving from his self-employment. Such a profit shall be subject to the relevant drawings provided by Article 24, paragraph 1 of the Penitentiary Act.
13. The provision of assignment to outside work without escort shall include the obligations and prohibitions which the internees or the prisoners must commit in writing to comply with during the time spent outside the institution as well as those relating to the leaving and return times, by also taking into account their need of having meals and of keeping relationships with their families, according to the indications of the treatment programme. Besides, the return time shall be set within a time period which takes into account a possible delay due to force majeure. At the end of such a time period, a report referring to the internee for the offence provided for under Article 385 of Italian Code of Criminal Procedure shall be filed.
14. The institution management shall give the internee or the prisoner and shall send the Department of Penitentiary Administration, the Regional Director, and the Director of the Probation service centre a copy of the provision admitting him to outside work, by also informing the Police about the place where the outside work shall have to be carried out.
15. Possible modifications of obligations and prohibitions and outside work revocation shall be communicated to the Department of Penitentiary Administration, to the Regional Director of the penitentiary administration, and to the Supervisory Judge, as to convicted persons and internees, or to the proceeding judicial authority, as to accused persons. The outside work revocation shall become executive after the approval of the Supervisory Judge. The institution Governor, by a motivated provision, may order the suspension of the admission to outside work effect while waiting for the approval of the revocation measure by the Supervisory Judge.
16. The controls set out under Article 21, paragraph 3 of the Penitentiary Act shall be aimed at verifying obligations and prohibitions compliance with by the internees or the prisoners and at making sure that work shall be carried out in full observance of rights and dignity.
17. The measure provided for under Article 21, paragraph 3 of the Penitentiary Act shall be applied also in case of admission to outside work to carry out self-employment.
18. In case of work with public companies, the prison Governor shall make accurate agreements with the heads of such companies so that they shall immediately point out to the management itself possible internees’ or prisoners’ behaviours requiring control interventions.
Art. 49
Priority criteria for the assignment to work within the institutions
1. While setting the priorities for the assignment of prisoners and internees to work, elements provided for by Article 20, paragraph 6 of the Penitentiary Act shall be taken into account.
2. The institution governor shall ensure impartiality and transparency in assignment to work by also seeking the advice of the observation and treatment team.
Art. 50
Obligation to work
1. Convicted persons and persons subject to the security measures of the penal farm and of the penal labour colony, who have not been admitted to the semi-liberty regimes or to outside work, or who have not been authorised to carry out artisan, intellectual, or artistic activities or domestic work, and for whom a work in compliance with the criteria that are provided for under Article 20, paragraph 6 of the Penitentiary Act is not available, shall be bound to carry out another working activity among those that are organised inside the institution.
Art. 51
Handcrafting, intellectual or artistic activities
1. Handcrafting, intellectual, and artistic activities shall be carried out, out of the time devoted to ordinary work, in special rooms or, in particular cases, in the cells, provided that this does not involve the use of cumbersome or dangerous tools and that it does not bother other people.
2. Accused persons may be allowed to carry out such activities, upon their request, even during the time being usually devoted to work.
3. Convicted persons and internees asking to carry out artisan, intellectual, or artistic activities during the ordinary working hours may be authorised to this and hence they may be exonerated from ordinary work if they prove to have the skills provided for by Article 20, paragraph 14, of the Penitentiary Act and if they devote to those activities with professional commitment.
4. The authorisations, after consulting the observation and treatment team, shall be given by the institution Governor who shall set the provisions that shall have to be observed also with respect to the repayment of expenses that could be possibly borne by the Administration.
5. The sending of produced goods to receivers outside prison can be allowed provided that it doesn’t involve any expenses for the Administration.
6. In terms of Article 24, paragraph 1, of the Penitentiary Act, deductions shall be made on the financial earning deriving from the handcrafting, intellectual, or artistic activities received by convicted persons or internees, even in semi-liberty regime or admitted to work outside.
Art. 52
Work-at-home in prisons
1. Work-at home may be carried out inside the penal institution, in compliance with the rules governing this matter, also during the time that is usually destined to the ordinary work, provided that terms and conditions provided for under Article 51 are complied with.
Art. 53
Exclusion from working activities
1. Exclusion from working activities shall be adopted by the institution Governor, after seeking the advice of the members of the observation team, as well as, where appropriate, of the person in charge of supervising the working activities and of the employer, should the internees or the prisoners show a substantial refusal to fulfil their working tasks and duties.
Art. 54
Work under regime of semi-liberty
1. The employers of convicted persons and internees under the regime of semi-liberty shall be bound to pay to the institution management the relevant remuneration after the deductions that are provided for by the current law as well as the amount of the possible family allowances that shall be due to the worker. The employers shall also prove to the management itself the fulfilment of their obligations in relation to insurance and social security.
2. Convicted persons and internees admitted to work in semi-liberty shall exercise the same rights as those that are recognized to free workers with the only limitations that ensue from obligations concerning the execution of the measure depriving liberty .
3. Convicted persons and internees admitted to autonomous work in semi-liberty shall pay to the institution management the relevant remuneration as soon as they will receive it after the necessary deductions.
Art. 55
Family Allowances
1. Working prisoners and internees shall be required to provide the institution management with the documentation identifying the entitlement of their families and dependants to allowances.
2. Should the internee or prisoner fail to provide such documentation, the management shall inform their dependants accordingly, inviting them to provide it themselves.
3. Where the relevant persons or dependants encounter difficulties in producing the required documents, the management shall take steps to obtain them itself, making direct application to the competent offices for the necessary documents.
4. The money due shall be delivered directly to the dependants concerned or sent to them.
5. If the dependant does not have legal capacity, the money shall be paid to his legal representative. Where such person is the internee or prisoner, payments shall be made to the person to whom the dependant concerned is entrusted.
Art. 56
Deductions from remuneration
1. Deductions from remuneration for the reimbursement of maintenance payments and those deductions provided for under Paragraph 2, numbers (1) and (3) of Article 145 of the Italian Criminal Code applying to convicted persons, shall be made on every occasion payment of the remuneration is made.
2. Without prejudice to the powers of the Judge of execution on disputes over the award and payment of maintenance, the Supervisory Judge shall be empowered to decide about claims relating to the sequence of deductions referred to under Article 145 of the Italian Criminal Code.
Art. 57
“Peculio”
1. The “peculio” of convicted persons and internees shall be divided into a restricted fund and a disposable fund.
2. One fifth of the value of the earnings received shall be deposited to the restricted fund. The remainder of the “peculio” shall constitute the disposable fund which may not exceed the limit of €1.032,91. Any surplus shall not form part of the “peculio” and, save where such money has to be used immediately for legal defence costs, the payment of fines or charges, or for the payment of debts, it shall be sent to family members or cohabitants in accordance with the instructions given by the person concerned, or deposited in his name in a bank or post office.
3. The tied up fund shall not be used during the enforcement of measures depriving the person concerned of his liberty. Nonetheless, where there are special reasons for doing so, the prison governor may authorise the use of a part of the tied up fund.
4. The disposable fund may be used for remittances to family members or cohabitants, for authorised purchases, for correspondence, for legal defence costs, for the payment of fines, charges or debts and for all other uses corresponding to purposes of treatment. The payment of legal defence costs shall be made on presentation of the lawyer's bill or the request for an advance made on the same, containing details of the proceedings if under way. A copy of the bill or request for an advance shall be kept by the Governor of the institution.
5. “Peculio” of accused persons shall be entirely disposable but may not exceed the amount of € 2.065,83 .
6. The Department of Penitentiary Administration shall decide, at the beginning of each year, the amount of money which may be spent on purchases and correspondence and the amount of remittances to family members or cohabitants.
7. Exceptions to the provisions of Paragraph 6 above may be made on authorisation by the Governor of the institution but only with regard to the purchase of tools, items and books required for work or study activities.
8. The institution management shall calculate legal interest accruing on the “peculio” of each internee or prisoner held in the institution at the end of each financial year.
9. Interest shall be calculated on balances at the end of the month.
10. On the release of the internee or prisoner, the institution management shall pay him the sum representing his “peculio” plus relevant interest. The funds of prisoners and internees exceeding the ordinary needs of the institution's Cash for the service relating to the funds themselves shall be paid to the Deposits and loans bank. The interest paid by the Deposits and loans bank shall be paid to the government treasury.
11. Where a convicted person or internee is granted a regime of semi-liberty, he shall be given cash money withdrawn from the disposable fund in relation to the costs which he has to incur, even exceeding the limit set under paragraph 6 above.
12. An internee or prisoner released on leave shall be paid an amount in cash withdrawn from his disposable “peculio” as required in the circumstances of each individual case.
13. The limits of amounts set under this Article may be changed by Decree of the Minister of Justice.
Art. 58
Expressions of Freedom of Religion
1. Prisoners and internees shall have the right to participate in rites forming part of their religious faith so long as compatible with the order and security of the institution and not contrary to the law in accordance with the provisions of this Article.
2. Prisoners and internees who wish to do so shall be allowed to display images and symbols of their own religious faith in their room or in their part of room when this contains more than one bed.
3. During leisure time, individual prisoners and internees shall be allowed to carry out the practices of their own religious faith, provided that they are not carried out in a manner causing nuisance to the institution community generally.
4. Each institution shall have one or more chapels for the celebration of the Catholic faith, the number being dependent on the requirements of the religious service. Until the entry into force of the regulations which shall be adopted following the agreements referred to under Article 11, paragraph 2 of the Agreement (with additional Protocol) signed in Rome on 18th February 1984, amending the Lateran Concordat of 11th February 1929 between the Italian Republic and the Holy See, ratified and brought into force by Law no. 121 of 8th March 1985, religious practices, teaching and spiritual assistance for Catholics shall be guaranteed through the services of one or more chaplains, the number being dependent on the requirements for the same. In institutions where there are more than one chaplain, the duties of co-ordinating religious activities shall be assigned to one of them by the Regional Director of the Penitentiary Administration, or, in the case of institutions for juveniles, by the Director of the Juvenile Re education centre, after hearing the advice of the Inspector of Chaplains.
5. As far as religious teaching and practices for persons belonging to other religious faiths are concerned, even when ministers of the relevant faiths are not available, the institution shall permit the use of premises suitable for such activities.
6. Where relations between the state and religious faiths other than the Catholic faith are governed by the law, the management shall provide the services of ministers indicated by such faiths in order to satisfy the demands of internees or prisoners requesting spiritual teaching, assistance and the celebration of rites of such faiths. It may also seek the services of ministers of the same faiths indicated to such end by the Ministry of Interior. It may also, in cases other than those mentioned above, act in accordance with the provisions of Article 17, paragraph 2, of the Penitentiary Act.
Art. 59
Cultural, recreational and sporting activities
1. Programmes of cultural, recreational and sporting activities shall be organised in such a way as to provide a wide range of expressions. Such activities shall be organised so as to permit the participation of prisoners and internees who are working or studying.
2. The sport programmes shall be mainly addressed to young people. Collaboration should be sought from the national and local bodies responsible for sporting activities in the conduct of such programmes.
3. The representatives of prisoners and internees in the Commission provided for by Article 27 of the Penitentiary Act shall be drawn by lot according to the procedures provided by Article 67 of these Regulations. The number of representatives shall be three for those institutions containing no more than 500 prisoners and internees and 5 for institutions containing more than that number.
4. The Commission shall avail itself of the collaboration of those prisoners and internees under Article 71 and shall be responsible for the organisation of the various activities in accordance with the provisions set out in the related programmes.
5. Commission meetings shall be held during leisure time.
6. The management may avail itself of the assistance of volunteers and the persons indicated under Article 17 of the Penitentiary Act in the organisation and conduct of the activities.
Art. 60
Activities organised for non working prisoners and internees
1. The management shall take steps to organise leisure time activities for those who, independently of their will in that regard, are not working. Such activities shall be carried out during working hours.
Art. 61
Family links and progression in Treatment
1. The preparation of programmes of intervention concerned with the maintenance of relations between prisoners and internees and their families shall be agreed between representatives of the institution's management and Probation services centres
2. Particular attention shall be given to the period of crisis following the separation of the persons concerned from their families, seeking to make it possible to maintain valid relationships with their children (especially when minor children) and to prepare the family, the immediate living environment and the subjects themselves, for their return into society. To such end, the institution Governor may, in accordance with the specific indications provided by the Observation team, act as follows:
- grant visits in addition to those provided by Article 37;
- authorise visits by those persons permitted to participate in the visits with permission to spend part of the day with them in special areas or in the open and to have a meal together, without prejudice to the procedures set out under Article 18, paragraph 2, of the Penitentiary Act.
Art. 62
Communication of entrance into an institution
1. Upon entrance into an institution, whether directly from a situation of liberty or following transfer, the prison workers shall ask the internee or prisoner if he wishes to give notice of the fact to a relative or other person and if so, whether he wishes to use the ordinary post or telegram. A formal minute shall be drafted of the declaration.
2. The communication, contained in an open envelope or on a telegram form, shall be limited solely to information relating to the initial imprisonment in a penal institution or to details of the transfer. It shall be presented to the management which shall make immediate arrangements for it to be sent at the interested person's expense. Where the recipient is a minor or internee or prisoner without funds, the cost shall be borne by the Administration.
3. In the case of an alien national, the fact that he has been admitted to a penal institution shall be communicated to the related consular authorities according to the cases and following the procedures laid down in the relevant legislation in force.
Art. 63
Communication of serious illness and death
1. In the event of serious physical or mental illness or of the death of an internee or prisoner, the management of the institution shall give immediate notification of this fact to a relative and to any person indicated by him. Such communication shall be made by and at the expense of the management, using the quickest possible means and following the most appropriate procedures.
2. As soon as the institution management is informed of the serious illness or death of a relative of the internee or prisoner, or of other persons with whom he is habitually in contact, it must inform the affected person using the most adequate form.
3. The Supervisory judge shall also be informed immediately of the death of an internee or prisoner.
Art. 64
Leaves
1. The leaves provided by Article 30, paragraphs 1 and 2, shall be granted, upon application, for a maximum period of five days in addition to the time required to reach the place where the internee or prisoner is travelling to.
2. The provision granting the leave shall set out the appropriate obligations and prohibitions and it shall also specify whether the internee or prisoner has to be escorted for all or part of the duration of the leave, having regard for the personality of the person concerned and to the nature of the offence of which he is accused or of which he has been convicted.
3. In order to obtain details for the assessment of the person concerned, the Supervisory judge or the proceeding judicial authority shall ask the institution management the necessary information.
4. As far as leaves exceeding a duration of 12 hours are concerned, the internee or prisoner may be required to spend the night in a penal institution.
5. Escorts shall be carried out by the Penitentiary Police. The provision granting the leave may specify the procedures to be followed in carrying out such escort.
6. In cases where it becomes clear that the leave has to be enjoyed in a place differing from that indicated in the related order, checks shall be carried out with the greatest urgency, where necessary, in order to establish the situation existing at the place where the leave is actually to be enjoyed. The resulting order shall be communicated according to Article 30-b, paragraph3, of the Penitentiary Act.
Art. 65
Bonus leaves
1. The prison Governor shall enclose an extract of the personal file of the convicted prisoner containing all details set out under Article 26 with the application by the latter for a bonus leave, giving his motivated opinion to the Supervisory judge as to the application, taking into account the convicted person's behaviour, the danger to society posed by such person (including the reasons for such an opinion), together with the results of the scientific observation of the person concerned and of the re educational treatment undertaken and the length of the custodial sentence imposed and the term he has still to serve.
2. In adopting the provision granting the leave, the Supervisory judge shall establish the appropriate regulations about the place of stay and, where necessary, the convicted person's domicile during the leave. Such conditions shall be imposed on the basis of information obtained in addition to that already available through the law enforcement agencies.
3. Supervision on the convicted person during the bonus leave, shall be carried out by the "carabinieri" or by the state police. In special cases the Penitentiary Administration may provide for additional supervision to be carried out by the Penitentiary Police staff.
4. During the enforcement of the provision, the prison workers designated by the institution Governor and by the Director of the Probation service Centre, may provide the convicted person and local assistance services with information useful in establishing effective links for the resolution of problems falling within the responsibility of local bodies.
5. Where the bonus leave is enjoyed in a municipal district different from that where the prison is located, the Governor of the institution of origin shall give notice of the same to the prison and the Probation service Centre having jurisdiction over that area. This in order that the latter may, in consultation with social workers in the local community, take the steps falling under their responsibility in accordance with the provisions of Paragraphs 4 and 6 hereof, referring then to the management of the competent institution and Probation service Centre.
6. In case of necessity, a convicted person enjoying a bonus leave may refer to the institution or Probation service Centre having jurisdiction over a local area. The latter shall be informed and provided with appropriate documentation in the shortest possible time. The affected person may provide information about his needs and the institution and Probation service Centre shall take steps to respond to such requirements in accordance with their respective institutional responsibilities.
Art. 66
Communications to the Public Security Authority
1. Notice of the provision granting bonus leaves provided by Articles 64 and 65 hereof shall be given by the Governor of the institution where the affected person is serving his sentence, to the Police Headquarters and station in whose area the municipal district is located or in which the leave is to be enjoyed.
Art. 67
Guarantees concerning drawing by lot of prisoners’ representatives
1. The methods of drawing by lot of the members of the representative bodies provided for under Articles 9, 12, 20 and 27 of the Penitentiary Act shall be provided for by internal regulations in such a way as to guarantee all prisoners and internees an equal chance to be drawn. The same drawing shall appoint both the representatives and their substitutes.
2. Prisoners and internees drawn by lot to the representative bodies provided for under Articles 12, 20 and 27 of the Penitentiary Act shall hold office for four months.
Art. 68
Participation of the outside community in rehabilitation activities
1. The institution management shall seek to promote the participation of the outside community in rehabilitation activities, by making use of private citizens and the public and private institutions and associations referred to under Article 17 of the Penitentiary Act.
2. The institution management shall examine, together with the private citizens and the institutions and associations above mentioned, the initiatives to be carried out within the prison and shall send the related proposals to the Supervisory judge together with its opinion in that regard. Such opinion shall also concern the tasks to be undertaken and the manner of their performance.
3. The Supervisory Magistrate, when authorising the above-mentioned persons to enter into the institution, shall set the provisions to be complied with while performing the said tasks.
4. The institution management shall be responsible for ensuring that the initiatives referred to under the preceding Paragraphs are carried out in full co-operation with the prison workers. To such end, the authorised persons shall be given access to the institutions in accordance with procedures and times set for the activities in which they participate.
5. Should the conditions not be observed or in the event of behaviour prejudicial to the good order and security of the prison, the Governor shall notify the Supervisory judge of the withdrawal of his favourable opinion in that regard, for any consequent provision, possibly ordering, by a motivated provision, the suspension of the relevant authorisation.
6. The management of the institution and the Director of the Probation service Centre, in consultation with each other, shall manage the participation of the community in the social rehabilitation of convicted persons and internees and shall plan the possible form such participation may take. This shall be done in order to obtain the availability of suitable persons and associations and to plan their collaboration on a periodical basis.
CHAPTER IV
Prison Regime
Art. 69
Information on the legislation and regulations governing prison life
1. Every prison shall keep texts of the Penitentiary Act, of these Regulations, of the internal rules and any other provisions of relevance to the rights and duties of prisoners and internees, their discipline and treatment. Such texts shall be held in the library or in another place to which prisoners have access.
2. On their first entry into the institution, each internee or prisoner shall be given the Charter of Prisoners’ and Internees’ Rights and Duties, with an indication of Prisoners’ and Internees’ Rights and Duties, of the structures and services reserved for them.. The contents of the Charter are established by the Minister of Justice to be adopted within within 180 days since the entry into force of this provision. The decree shall also govern the modalities according to which the Charter of Prisoners’ and Internees’ Rights and Duties must be communicated to the prisoners’ and internees’ family. The Charter of Prisoners’ and Internees’ Rights and Duties is provided for in the most widespread languages among foreign prisoners and internees.
3. Prisoners and internees shall be informed of all changes to the subjects referred to under Paragraph 1 hereof.
4. Compliance by prisoners and internees with the rules and regulations governing prison life shall also be obtained by explaining the reasons for the same.
Art. 70
Rules of Conduct
1. Prisoners and internees are required to respect the rules governing prison life and the instructions given by the staff. They should maintain respectful behaviour towards both prison workers and the persons visiting the institution.
2. Prisoners and internees must conduct themselves properly in their contacts between each other.
3. The polite form of address (“Lei”) must be used in reciprocal relations between prison workers and between prisoners and internees.
Art. 71
Animation and assistance tasks
1. Those prisoners and internees showing particular aptitude in collaborating for the successful conduct of the institution's programmes, may be entrusted with duties involving the carrying out of animation roles in group activities of a cultural, recreational and sporting nature together with assistance in communal work activities.
2. The above-mentioned tasks shall be carried out under the direct supervision of the prison staff who must guarantee that the exercise of such duties does not in any case entail the exercise of disciplinary powers or serve as a pretext for the acquisition of a predominant position over the other prisoners and internees.
Art. 72
Compensation for damage caused to property of the Administration or Third Parties
1. Should damage be caused to movable or immovable property belonging to the administration, the governor shall carry out an investigation aimed at assessing the value of the damage and at identifying the person responsible, also evaluating the degree of culpability.
2. Having finished the investigation and after having heard the person concerned, the governor shall notify in written to such person the financial charge made and invite him to make compensation, at the same time setting out the manner of payment to be adopted. This may include payment by instalments.
3. The money due by way of compensation shall be deducted from disposable “peculio”.
4. Should damage have been caused to property belonging to other prisoners and internees, the institution management shall encourage the payment of voluntary compensation.
5. Voluntary compensation shall be considered as a mitigating circumstance in any disciplinary proceedings.
Art. 73
Isolation
1. Continuous isolation for health reasons shall be ordered by the physician in cases of contagious diseases. This shall take place, according to the circumstances, in special rooms in the infirmary or in a clinical unit. During the period of isolation, the staff shall take particular care of the person suffering from such illness also in order to give him moral support. The isolation shall stop as soon as the contagious condition has ceased.
2. Continuous isolation during the execution of sanction excluding the person concerned from association activities shall take place in an ordinary cell unless the internee's or prisoner's behaviour is such as to cause a disturbance or is prejudicial to order and discipline. Even in such cases, the isolation shall be carried out in premises having the characteristics under Article 6 of the Penitentiary Act.
3. While prisoners and internees are being excluded from association activities in terms of Paragraph 2, they shall be prohibited from communicating with their companions.
4. Daytime isolation of life sentenced prisoners shall not imply their exclusion either from working activities or from education and training other than normal courses of study, or from religious services.
5. The usual quantity and quality of food and water shall be made available.
6. The conditions of persons subject to preliminary investigation who are in isolation, must not be different from those of other prisoners, except for limitations imposed by the proceeding judicial authority.
7. The situation of isolation of prisoners and internees shall be carefully monitored, with special daily checks carried out in the room where the isolation is taking place both by a physician and by a member of the Observation and Treatment team, with continuous and appropriate supervision conducted by the staff of the Penitentiary Police.
8. Isolation sections or units may not be used for cases other than those provided for by the law.
Art. 74
Searches
1. Searches provided for by Article 34 of the Penitentiary Act shall be carried out by Penitentiary Police in the presence of a Penitentiary Police officer of no lesser rank than “vice sovrintendente”. The staff performing the search and the officer in whose presence the search is carried out must be of the same gender as the person being searched.
2. It is possible not to carry out the search when the same result can be achieved with sensor detecting instrumentation.
3. Searches of internees' and prisoners' bedrooms shall be carried out with due respect to their personal dignity and to their property.
4. Internal rules shall establish the situations (together with that identified under Article 83) when ordinary searches are to be carried out.
5. An order from the Governor shall be required to carry out a search differing from the ordinary type.
6. In the conduct of general searches the Governor may, in special cases, use the collaboration of staff belonging to the national police and armed forces involved in public security services under Article 13, paragraph 5 of the law n. 121 of the 1st April 1981.
7. In cases of particular urgency, the staff may, on their own initiative, proceed to carry out a search. They must inform the Governor immediately of the fact, specifying the reasons giving rise to the urgency.
Art. 75
Claims and Complaints
1. The supervisory judge, the regional Director of the penitentiary administration and the prison governor must give prisoners and internees the opportunity of direct contact with them, through periodic individual interviews which shall be particularly frequent as for the governor. They shall frequently visit the premises in which prisoners and internees are held, using such visits as a further opportunity for the latter to approach them individually for the necessary interviews or for the oral submission of claims or complaints. The visits of the supervisory judge and of the regional director shall be noted in a register for each authority. Such records shall inclu¬de remarks emerging following such visits. The governor too shall note in an appropriate register the interviews carried out.
2. Prisoners and internees requesting the necessary materials for drawing up claims and complaints to the authorities indicated under Article 35 of the Penitentiary Act shall be provided with it.
3. Should the internee or prisoner decide to use the closed envelope procedu¬re, he shall directly close it himself, writing “riservata” [“Confidential”] on the envelope. If the sender has no money, the cost shall be borne by the management.
4. The supervisory judge and the Penitentiary Administration staff shall inform as soon as possible the internee or the prisoner submitting an oral or written claim or complaint of the measures taken, also explaining the reasons why they have not been admitted.
Art. 76
Rewards
1. The assignment of rewards shall be on the initiative of the Governor and shall be made to those prisoners and internees who have distinguished themselves in the following ways:
- particular commitment in carrying out work;
- particular commitment to, and benefit obtained from, courses of study and vocational training;
- active collaboration in the organisation and conduct of cultural, recreational and sporting activities;
- particular sensitivity and availability in offering help to other internees or prisoners in the form of moral support in moments of difficulty when dealing with their personal problems;
- responsible behaviour in situations of disturbance of the life of the institution, seeking to promote a reasonable attitude on the part of the prison community;
- actions deserving civic valour.
2. The actions indicated above shall be rewarded as follows:
Commendation;
- A proposal to grant the benefits provided for by Articles 47, 47ter, 50, 52, 53, 54 and 56 of the Penitentiary Act and 94 of the Presidential Decree no. 309 of 9th October 1990, provided always that the requirements for the same have been met;
- proposals for the granting of a pardon, of conditional release and of early revocation of the security measure.
- The reward referred to under Paragraph 2(a) shall be granted by the Governor while those referred to under 2(b) and (c) shall be granted by the Disciplinary Council having heard the Observation team.
- In the choice of the type of reward and the procedures to be adopted, account must be taken of the importance of the conduct and of the habitual behaviour of the person concerned.
- Details of any rewards granted to an accused person shall be notified to the proceeding judicial authority
Art. 77
Disciplinary infringements and sanctions
1. Disciplinary sanctions shall be inflicted on prisoners and internees who have been responsible for the following:
- negligence both in the cleaning and in the tidiness with regard to the person and to the cell;
- leaving the place assigned to them without justification;
- wilful failure to carry out work duties;
- attitudes and behaviour causing nuisance or disturbance to the prison community;
- playing games or carrying out other activities prohibited by the internal rules;
- faking illness;
- trafficking in goods the possession of which is allowed;
- possession of, or trafficking in, money or prohibited goods;
- fraudulent communication with the outside or inside the institution in the cases indicated under Article 33, paragraph 1, numbers 2) and 3);
- indecent exposures or acts offending public decency;
- intimidation of companions or bullying behaviour against them;
- falsification of documents coming from the Administration and entrusted to the care of the internee or prisoner;
- misappropriating or damaging the Administration's property;
- possession of, or trafficking in, instruments likely to wound;
- offensive attitude towards prison workers or towards other persons coming to the institution for work or on visits;
- failure to observe instructions or prohibitions or unjustified delay in complaining with them;
- unjustified delay in returning to the institution provided for by Articles 30, 30 ter, 51, 52 and 53 of the Penitentiary Act;
- participation in disorder or riots;
- incitement to disorder or riots;
- escape;
- committing offences causing harm to companions, prison workers or visitors.
2. Also attempts to carry out the above acts shall be punishable by the infliction of sanctions.
3. The sanction entailing exclusion from association activities may not be imposed for the infringements under paragraph 1 numbers 1) to 8) except when the infringement has been committed within a period of three months from the commission of an earlier infringement of the same nature.
4. The proceeding judicial authority shall be informed when a sanction has been inflicted on an accused person.
Art. 78
Disciplinary provisions as precautionary measures
1. In cases of great urgency deriving from the need to prevent damage to property or injury to persons, the onset or the spread of disorder or in the presence of matters of particular seriousness threatening the security and order of the prison, the Governor may, as a precautionary measure, order that an internee or a prisoner who committed an infringement punishable with exclusion from common activities remain in an individual cell while waiting for the convening of the Disciplinary Board . Such a decision must be motivated.
2. Immediately after the adoption of the precautionary measure, the person subjected to the sanction shall be examined by the prison physician who shall issue a certificate as provided for by Article 39, paragraph 2 of the Penitentiary Act.
3. The Governor shall start and carry out the disciplinary procedure as soon as possible, applying the provisions of Article 81, paragraph 2 et seq.
4. The duration of the precautionary measure shall not, in any case, exceed 10 days. The duration of the precautionary measure shall be deducted from any sanction applied.
Art. 79
Criminal proceedings and disciplinary measures
1. The disciplinary proceedings before the Disciplinary Council may be suspended where in relation to the same event the judicial authorities have been notified of the commission of an offence.
2. In such circumstances the prison management shall ask for the outcome of the criminal proceedings on a periodical basis. Final disciplinary provisions shall be issued at the end of such proceedings.
Art. 80
Suspension and remission of sanctions
1. The enforcement of sanctions may be conditionally suspended for a period of six months, on the basis of the assumption that the person concerned shall refrain from further infractions. If, within the said time limit, the person in question commits other infractions, the suspension shall be revoked and that sanction applied. Otherwise the infraction shall terminate.
2. In exceptional circumstances the authority ordering the sanction may remit it.
3. Should a physician certify that the health of the person in question is such that it will not be possible to support the application of the sanction of exclusion from communal activities, it shall be applied once the reason preventing its enforcement has ceased to exist.
Art. 81
Disciplinary Proceedings
1. Should it come to the knowledge of a prison worker that an infringement has been committed, he shall draw up a report setting out all the circumstances of the event. The report shall be sent to the Governor through hierarchical channels.
2. The Governor, in the presence of the Commander of the Penitentiary Police detachment, shall put the charge to the person accused of the infringement as soon as possible and in any case no later than 10 days from the report. He shall inform the accused prisoner of the right to plead his own defence.
3. The Governor, either personally himself or through the prison staff, shall carry out an investigation into the event.
4. When the Governor thinks that a sanction should be imposed in terms of numbers (1) or (2) of Article 39, paragraph 1 of the Penitentiary Act, he shall call, within 10 days from the date of the accusation referred to under Paragraph 2 hereof, the accused person before him for the disciplinary decision. Otherwise he shall fix, within the same time limit, the date and time for the accused person to appear before the Disciplinary Board. The accused prisoner shall be given notice of such meeting in accordance with the procedures referred to under Paragraph 2.
5. During the hearing, the accused prisoner shall have the right to be heard and to plead his own defence personally.
6. If, during the proceedings, it becomes clear that the event concerned is of a different nature from that originally charged and that it requires a sanction falling under the competence of the Disciplinary Board, the proceedings shall be referred to the latter body.
7. The sanction shall be decided on and pronounced during the same hearing or during the possible adjournment hearing. Minutes of the proceedings shall be drawn up.
8. The final provision containing the disciplinary sanction decided upon shall be immediately notified to the internee or the prisoner and to the Supervisory judge and shall also be noted in the personal file.
Art. 82
Means of physical coercion
1. Physical coercion, permitted to achieve the aims indicated under Article 41, paragraph 3 of the Penitentiary Act, shall be carried out under medical supervision and using the means employed for the same purposes in public hospitals.
Art. 83
Transfers
1. During transfers carried out for reasons other than those of justice or security, account shall be taken of the requests made by the prisoners and internees with regard to the destination institution.
2. The internee or prisoner, before being transferred, shall be subjected to a search of his person and shall be subject to a medical examination by the physician in order to certify his mental and physical health, with particular concern for conditions relevant to whether he is able to bear the journey or which do not allow it. When he is not able, the management shall inform of the fact the authority which decided on the transfer.
3. Before carrying out the transfer, the management shall provide the internee or prisoner with the personal items he wishes to take with him within the limits provided for in the regulations in force with regard to transfers.
- The Chief Escort shall receive the following from the management:
- Food of a quantity and quality sufficient to satisfy the needs of the person concerned during the journey or, in the alternative, money for the purchase of such food, of an amount per day as set by Decree of the Minister of Justice;
- The inmate’s personal file;
- The health certificate provided for by Paragraph 2;
- A note of the objects representing personal luggage;
- All or part of the person's “peculio” in the disposable fund;
- A certificate identifying the amount of the “peculio” provided.
5. The chief of the escort shall give a receipt for the objects, valuables and documents delivered to him by the institution of origin. He shall be required to obtain, in turn, a receipt from the destination institution for the items delivered.
6. The “peculio” of the internee or prisoner together with the other objects belonging to him not given to the escort or not included in his personal luggage, shall be sent, in as short a time as possible, to the management of the destination institution, at the same time as the relevant full personal file.
7. The cost of sending the items indicated under Paragraph 6 shall in any case be borne by the Administration up to the limit of 10 Kilograms in weight and, as far as the excess is concerned, by the internee or prisoner transferred on his request.
8. In the case of temporary transfers of short duration, the provisions under paragraphs 4, 5 and 6 are to be applied to the extent required by the circumstances, also taking into consideration the wishes of the affected person.
9. When a collective transfer of prisoners and internees is necessary, the following shall, if possible, not be included:
- prisoners and internees for whom treatment activities are in progress, particularly in the areas of work, teaching and vocational training or where a supervisory procedure is under way with a view to admission to alternative measures;
- Prisoners and internees undergoing medical treatment which would not be easy to continue in other institutions;
- Female prisoners who keep their children with them in the institution;
- Accused persons before the first degree sentence or appellants when a date for the decision on appeal has already been set down.
Art. 84
Transport
1. Without prejudice to the provisions of Article 42 bis of the Penitentiary Act and to the other provisions governing this matter, the transport of prisoners and internees shall be carried out in the manner set out by Decree of the Head of the Department of Penitentiary Administration.
Art. 85
Authorities which may order transfers between institutions or transport of prisoners
1. The Department of Penitentiary Administration shall be responsible for transfers between different regional directorates and for those where such power is reserved to it by the legislation in force. Transfers between institutions within the same regional directorate shall be decided on by the Regional Director. Transfers of accused persons for reasons other than those connected with the administration of justice shall only be ordered following permission from the proceeding judicial authority.
2. When it proves necessary to transfer accused persons in circumstances where there are serious and proven security reasons for the same, the Department of Penitentiary Administration, having requested authorisation from the proceeding Judicial Authority and giving reasons for such request together with the duration of the transfer and the destination, may carry out the transfer prior to receiving authorisation. Such transfer must in any case, be validated by the proceeding Judicial Authority.
3. The Judicial Authority shall request the prison institution management to carry out transfers and transport of accused persons to enable them to attend trial hearings. The institution management shall comply with such requests without delay, informing the Department of Penitentiary Administration of the same. The same rule shall apply to transfers or transport carried out for appearance before the Supervisory Court.
4. The institution management shall inform the Supervisory judge without delay of each permanent transfer of an internee or prisoner.
5. Transfers or prisoner transport for reasons connected with criminal justice other than those indicated under Paragraph 3 and transfers and prisoner transport for reasons connected with civil justice shall only be allowed when, in the view of the competent judicial authority, there are serious reasons rendering it inappropriate to carry out the action to be taken in the place where the prisoner is being held.
6. Once the requirements of justice have been satisfied, the person concerned shall be returned to the institution of origin.
7. In cases of great urgency deriving from reasons of health, the Governor shall order the transfer, informing the competent Authority of the same with immediate effect.
8. The transfer of convicted persons or internees shall be notified to the office of the Public Prosecutor responsible for the execution.
9. The allocation provided for by Article 28, paragraph 2, shall be carried out by the Department of Penitentiary Administration.
Art. 86
Transport of female prisoners and internees
1. The transport of female prisoners and internees shall be carried out with the participation of female staff of the Penitentiary Police.
Art. 87
Use of civilian clothes in transport
1. Prisoners and internees may wear civilian clothing during their transport.
Art. 88
Treatment of the prisoner to be released
1. In the period preceding release, and if possible, during the six months prior to the same, the convicted person and the internee shall benefit from a special programme of treatment aiming at the resolution of specific problems connected to the conditions of family life, work, and the environment which they will have to face. To such end, particular care shall be taken to discuss with them the various issues arising and to examine the possibilities available to deal with them, including the transfer of the interested parties, on their request, to an institution near their place of residence except that motivated contrary reasons do not persist.
2. The prison shall seek collaboration from the Probation Service Centre, the competent local services and from voluntary bodies in the planning and performance of the above programme.
Art. 89
Release
1. Prisoners and internees shall be released on the written order of the competent Judicial Authority.
2. The release of convicted persons who have served their sentence shall take place on the date indicated in the related order and, when possible, before noon.
3. The release of other prisoners and internees shall be carried out as soon as the management has received the relevant order.
4. When, at the end of the sentence, a custodial security measure, ordered under Article 679 of the Italian Code of Criminal Procedure, must be enforced or vice versa, the release shall not be carried out and the procedure for the new allocation shall be adopted as set out under Article 30.
5. The Probation Service Centre, the competent local services and the relevant voluntary bodies shall, in agreement between themselves, take steps to make contact with the household where the convicted person or prisoner shall live, in order to take such actions as appear appropriate.
6. Released prisoners who, by reason of serious physical illness or of mental illness or disability, need to live in residential institutions, shall be transferred to the closest appropriate care institution.
7. Where the person concerned is not able to travel, as confirmed by a physician, the release may be suspended and the person suffering from the invalidity shall remain in the institution where, so long as compatible with general organisational requirements, he shall no longer be subject to the limitations of the prison regime.
8. When the person concerned is an accused prisoner, the postponement of the release shall be notified immediately to the competent Judicial Authority. When he is a convicted person or internee such notice shall be given to the Supervisory judge and, in any case, to the Department of Penitentiary Administration.
9. If the released prisoner is unable to reach the place of his residence unaided, the Governor shall provide him, on request to such effect, with the necessary travel vouchers. If the persons concerned have residence abroad they shall be given travel vouchers of sufficient value to reach the consulate of their country of residence.
10. On release, the person concerned shall be given his “peculio” and belongings.
11. The “peculio” and belongings which have not in any case been withdrawn by the released prisoner shall be held by the institution management. The latter shall take appropriate steps (having made the necessary enquiries) to ensure their return to the released prisoner as soon as possible.
12. One year after release, if it was not possible to return the property concerned, the items shall be sold by the management. The money deriving from such sale, together with any “peculio”, shall be paid to the Fines Fund which shall keep the money in deposit with a view to returning them to the affected person.
Art. 90
Procedures in the event of Escape
1. Should an internee or a prisoner escape, the management shall give immedia¬te notice of the fact to the local police, the Public Prosecutor's office, the Supervisory judge and the Department of Penitentiary Administration while at the same time starting initial searches through its own staff.
2. The property of an escapee who has not been re captured, shall be kept for one year and then sold by the management. The proceeds shall form a fund to which shall also be added any “peculio”. The fund shall be deposited with the Deposits and loans Fund by the management.
3. When the escapee returns, the management which made the deposit shall release the restriction on the funds and shall ask for their return. The money so returned shall form part of the prisoner's “peculio”.
4. If the person concerned dies while still an escapee, the institution management, on request by the heirs or other successors in title proving their status as such as under Article 92, paragraph 4, shall authorise the Deposits and loans Fund to release the money on deposit to the successors entitled.
Art. 91
Indication in official documents of the Registry Office
1. The street name and street number of the institution where the event took place shall be indicated in the official documents of the Registry Office provided by Article 44, paragraph 1 of the Penitentiary Act, omitting any other references.
Art. 92
Procedures in the event of death
1. In the event of the death of a internee or prisoner, the physician, having carried out the examination required by law, shall present a report to the management.
2. The management, at the same time as sending the news of the death to the authorities set out in Article 44, paragraph 2 of the Penitentiary Act, shall report the death to the Registry Office.
3. The property of the deceased shall be listed in an inventory and a copy of the same shall be sent to the Mayor of the local council of origin or of residence for notification of the same to the heirs.
4. The property shall be delivered to the heirs or other successors entitled on the latter proving their status as such on the basis of the legislation regulating such matters.
5. If, on the expiry of one year from the death the heirs or successors entitled have not collected the property, it shall be sent to the local Court for the succession to immovable property.
6. In the case of internees or prisoners who are of foreign nationality, or who are Italians born abroad or whose place of birth is not known, the news of the death shall be given to the Office of the Public Prosecutor at the Court of Rome.
7. Where the burial of the body has not been taken care of by relatives, this shall be done under the direction, and at the expense, of the Administration.
Art. 93
Intervention of police forces
1. On the occurrence of collective disorder involving outbreaks of violence or of a nature leading to the belief that they may degenerate into acts of violence, the Governor of the institution, if not able to intervene effectively with the staff available to him, shall ask the prefect for the intervention of the state police and or of any other law enforcement agency concerned with public security as per art. 13, Law 1° April 1981, n.121.. The Governor shall give immediate notice of such request to the Supervisory Judge, the Regional Director, the Department of Penitentiary Administration and the prefect.
CHAPTER V
Assistance
Art. 94
Assistance to Families
1. In providing assistance to the families of prisoners and internees as provided for under Article 45 of the Penitentiary Act, particular care shall be devoted to the situation of crisis occurring in the period immediately following the separation from their relatives. In such a situation, moral support and advice shall be provided to the family members to help them to deal with the emotional trauma, especially when minors are involved. This shall be provided without neglecting, however, the practical and material problems that may be caused by the removal of their relative.
2. Particular care shall also be provided in helping the families of prisoners and internees in the period immediately preceding their return.
Art. 95
Integrated actions in providing assistance to families and to released prisoners
1. In carrying out activities for the benefit of families of prisoners and internees and for the benefit of released prisoners, the Probation service Centre and the Council for Social Aid shall maintain contacts with the local bodies having jurisdiction over the area of assistance and with those public and private bodies operating in the sector. Such bodies shall be informed of the special requirements necessary in the provision of assistance to prisoners both before and after release and of the most appropriate way such requirements can be taken account of in their planning procedures.
CHAPTER VI
Alternative measures to imprisonment and other provisions of the supervisory judge
Art. 96
Application for assignment to the Probation service and decision
1. The application for assignment to the Probation service shall be submitted to the prison Governor. The latter shall send the application to the Supervisory judge having jurisdiction over the place of detention, enclosed with a copy of the personal file. The Governor shall likewise send the proposal of the Disciplinary Council.
2. Without prejudice to the provision of Paragraph 3, if the convicted person is in liberty, the application shall be submitted to the Public Prosecutor competent for the execution.
3. In the case provided for by Article 656, paragraph 9, letter (a) of the Italian Code of Criminal Procedure, the application shall be submitted directly to the competent Supervisory Court.
4. The order granting assignment to the Probation service shall contain the obligations and prohibitions provided for by Article 47 of the Penitentiary Act and shall indicate the Supervisory Office having jurisdiction over the area in which the assignment to the probation service is to be carried out. The Clerk’s Office of the Supervisory Court shall immediately send the order, even by telematics means ensuring the authenticity and security of the transmission, to the Judicial Record and to the prison management if the beneficiary is in prison, as well as to the concerned person, to the Public Prosecutor and to the Probation service Centre, and will note what follows with a footnote to the order itself:
- the identifying details of the conviction sentence or sentences and, if there is an order of enforcement of concurring prison sentences, the data necessary to identify such order, including, in any case, the Public Prosecutor's Office responsible for the enforcement of the sentence and the Record number for the enforcement procedure;
- The address of the Supervisory Judge 's office and the Probation service Centre having jurisdiction with regard to the place in which the Assignment shall be carried out.
5. The control of compliance with the obligations and prohibitions set out by Article 47 of the Penitentiary Act shall fall under the jurisdiction e of the Probation service Centre and shall be carried out in accordance with the procedures described under Article 118.
6. In cases where the Public prosecutor or the Supervisory judge orders that the assignment to the probation service is to be suspended, the order refusing the application shall contain the details as set out by Paragraph 4, letter (a) and shall be notified without delay to the Public Prosecutor responsible for the further execution of the procedure. The Order of refusal shall, in any case, be communicated to the affected person and to his lawyer, and shall always be communicated to the competent Probation service Centre or the related branch office.
Art. 97
Enforcement of assignment to the Probation service
1. Except in the event of suspension of the execution referred to in Article 666, paragraph 7, of the Italian Code of Criminal Procedure, the order shall have imme-diate effect. The Office of the court’s clerk at the Supervisory Court shall be responsible for sending a copy without delay, if the convicted person is in prison, to the management of the institution where he is being held, in order to release him and to implement the alternative measure, after he has signed the minutes referred to under Paragraph 3. The subject shall also be given a copy of the order and of the minutes as a notice. In any case, the order shall be sent without delay to:
- the Supervisory office competent for the assignment to the probation service, together with the documents of the proceedings;
- the Probation service Centre competent for the assignment to the probation service, or its related branch office;
- the Public Pro¬secutor's office responsible for the enforcement of the sentence;
- the competent bodies for communication with and notification to the parties, and to the concerned person's lawyers if the former is at liberty or on home detention, or in any case in the state of detention as referred to in Article 656, paragraph 10 of the Italian Code of Criminal Procedu¬re, with the warning that he must attend within 10 days, freely and in person, at the competent Probation service Centre in order to sign the minutes referred to under Paragraph 3, and for the enforcement of the assignment. The above bodies shall immediately notify the competent Probation service centre or its related branch office of the receipt of the notice concerned.
2. The Director of the Centre shall immediately notify the Supervisory Court should the concerned person fail to attend within the time limit. In such circumstances the Supervisory Court shall revoke the measure, except where there are good reasons for the delay.
3. The probation order shall have effect if the concerned person signs the minutes provided for by Article 47, paragraph 5, of the Penitentiary Act, containing his commitment to respect the obligations and prohibitions set out therein. The written record shall be signed before the prison Governor if the convicted person is in prison, and before the Director of the Probation service Centre responsible for the carrying out of the assignment following notification in terms of Paragraph 1, letter (d) if the convict is at liberty or on home detention or in any case, subject to the state of detention referred to under Article 656, paragraph 10, of the Italian Code of Criminal Procedure. The Probation service Centre shall send the written record accepting the conditions without delay to:
- the Supervisory Court issuing the Order;
- the Super¬visory office having jurisdiction for the assignment to the probation service;
- the Public Prosecutor's Office responsible for the enforcement of the punishment and for setting its termination.
4. The assignment to the Probation service shall begin from the date of signing of the minutes accepting the conditions thereof. In the case of the convicted person who has been granted assignment while still at liberty, a copy of the minutes accepting the provisions shall be sent to the Public prosecutor's Office responsible for the enforcement of the same. The latter shall update the order imposing the punishment. He shall inform the Supervisory Office and the competent Probation service Centre of the date on which the assignment period ends, also notifying the affected person to the same effect. If the assignment concerns punishments imposed in consequence of more than one conviction, the competent Public Prosecutor shall, under the terms of Article 663, paragraph 2, of the Italian Code of Criminal Procedure, issue an order providing for the enforcement of concurrence of sentences.
5. If the convicted person is in prison and is shown to have particular need of personal support, the Supervisory Court may, by the order of assignment to the Probation service, lay down particular procedures for his release from prison together with requiring the latter's accompanying by family members or volunteers to the place where the assignment is to be carried out.
6. When the place where the assignment is to be conducted is a long way from the place where the prisoner is released, the provision under Article 89, paragraph9, shall be applied.
7. If, during the probation, a request is made for it to be continued in a place situated in another jurisdictional area, the Supervisory judge, on the basis of a detailed report from the Probation service Centre supervising the assignment, may order accordingly, with a corresponding amendment of the obligations and prohibitions. The Order shall be notified to the beneficiary and to the Probation service Centres involved. The office of the court’s clerk of the Supervisory Office shall send the assignment file to the Supervisory Office which has become responsible for the same. The Probation service Centre previously responsible for following the probation shall also send its papers to the Centre taking over such responsibility. If the Supervisory judge does not accept the request, he shall give notice to such effect to the concerned person through the Probation service Centre.
8. The Director of the Probation service Centre shall designate a probation officer of the Centre in order to carry out the duties indicated under Article 47 of the Penitentiary Act in accordance with the procedures detailed under Article 118. The Centre shall also make use of voluntary assistants under the terms of Article 78 of the Penitentiary Act.
9. The Probation services Centre shall refer the information described under Article 47, paragraph 10, of the Penitentiary Act to the Supervisory judge at least once every three months. The Supervisory judge may, at any time, call the person assigned to the probation service to attend at his offices and ask for information from the probation officer referred to under Paragraph 8.
10. The Supervisory Magistrate, taking account of the information provided by the Probation service Centre, may amend the obligations and prohibitions, where necessary, by issuing a motivated decree, giving notice of the same to the Supervisory Court and to the Probation service Centre.
Art. 98
Continuation or termination, revocation and cancellation of the assignment of the offender to the Probation service
1. If new custodial sentences are imposed, the Supervisory Judge, however informed, shall issue an order in terms of Article 51b of the Penitentiary Act. The order of provisional continuation, containing a summary of the data, if already available, indicated by Article 96, paragraph 4, letter (a), shall be communicated to the Probation service Centre responsible for supervising the assignment. The provisional suspension order, in addition to the data indicated above relating to the new punishment to be executed, shall also contain an order to the police to accompany the assigned offender to the nearest prison, or to the prison which is, in any case, identified in the Order. The Order shall be directly and immediately enforceable.
2. In the case of both the above orders, the Supervisory judge shall send the papers and the order adopted to the Supervisory Court for final orders to be made by the latter. The order, issued on a provisional basis by the Supervisory magistrate, shall remain effective until the issuing of the final decision made by the Supervisory Court if the latter examines the case by a hearing within the time limit set by Article 51 bis of the Penitentiary Act, even if the decision is handed down at a later hearing should further enquiries be necessary.
3. If the Supervisory Court extends the assignment to the probation service to the new sentence to be served, the data set out under Article 96, paragraph 4, letters (a) and (b) must be noted in the order. Notice of the Order shall be communicated as provided for in terms of Article 97, paragraph 1, where applicable. The Public Prosecutor's Office competent in terms of Article 663, paragraph 2 of the Italian Code of Criminal Procedure, shall issue an order for the enforcement of concurrent sentences, indicating the new expiry date of the period of the assignment, giving notice of the same to the person concerned and to the competent offices. The Director of the Probation service Centre supervising the assignment, or his/her deputy, shall draw up a special written statement in which the assigned offender commits himself to observe the previously set obligations and prohibitions even for the period of continuation of the alternative measure, giving notice of the same to the Supervisory Court and the Supervisory Office.
4. If, on the contrary, the Supervisory Court notes that the conditions allowing the admission to the alternative measure do not subsist anymore, it shall declare the same to have lapsed and shall order that the total punishment be served under a custodial regime. The Order shall set out the essential details of the punishment as indicated under Article 96, paragraph 4, letters (a) and (b), specifying the remaining length of the sentence to be served and deducting the period of assignment properly completed from such term. The order shall be notified and communicated as provided for under Article 97, paragraph 1. The competent Public Prosecutor's office in terms of Article 663, paragraph 2 of the Italian Code of Criminal Procedure shall proceed as provided for by Paragraph 3 of this Article.
5. If the Supervisory judge considers either directly or on the basis of information acquired, that it is necessary to check whether the circumstances are such as to require the revocation of the assignment to the probation service, s/he shall inform the Supervisory Court of such decision accordingly. S/he shall also order, if considering the same to be necessary, the provisional suspension of the alternative measure in terms of Article 51-c of the Penitentiary Act, identifying the competent police force to accompany the concerned person back to the institution, to which a copy of the enforcement order shall be sent directly.
6. The Supervisory Court shall be sent the papers and, if issued, the provisional order suspending the alternative measure.
7. The Supervisory Court shall adopt the final order following the completion of further enquiries if it considers them to be necessary. If the Supervisory Court revokes the alternative measure, the related order shall list the data referred to under Article 96, paragraph 4, letters (a) and (b) and shall set the remaining term of imprisonment to be served having taken into account the limitations suffered by the convicted person and his behaviour during the duration of the assignment period. Where there has been a suspension of the alternative measure, the date of accompanying back to prison shall be indicated as the date on which the remaining part of the custodial sentence to be served begins to run. The order shall be notified and communicated as provided for under Article 97, paragraph 1, where applicable. The Public Prosecu¬tor's Office responsible for the enforcement of the punishment shall issue a new enforcement order for the same. The last part of Article 97, paragraph 3 shall apply.
8. In the case of the cancellation of the order granting the assignment to the Probation service by the Court of Cassation, the alternative measure shall cease to be enforced. The decision cancelling the order shall be communicated to the Public Prosecutor responsible for the enforcement. When The Public prosecutor issues the new enforcement order for the custodial punishment, s/he shall deduct the period of assignment which has been properly completed from the remaining period of imprisonment.
Art. 99
Probation in particular cases
1. Whenever the convicted person is drug-addict or alcoholic and has applied for a sentence of probation as provided for by Article 94 of the Presidential Decree no. 309 of 9th October 1990, after the sentence enforcement order has been put into effect, the related application should be submitted to the prison Governor who, in turn, shall send it without delay to the Public Prosecutor's office responsible for enforcement.
2. When the concerned person is at liberty, Article 656 of the Italian Code of Criminal Procedure shall apply. The affected person shall be required forthwith to follow the therapeutic programme agreed. Failure to perform such a programme resulting from the affected person's willingness shall be assessed by the Supervisory Court.
3. Being consistent, provisions concerning the matter of assignment to the probation service as provided for by Articles 96, 97 and 98 shall be applicable.
4. Whenever it turns out that the rehabilitation programme (being the reason for the granting of assignment to probation service) has been successfully completed, according to the report given by the body responsible for its implementation, the Supervisory Judge, after acquiring a detailed report from the competent Probation service Centre, shall decide on the new provisions to be applied for the rest of the assignment period. Only in cases where the remaining part of the sentence is longer than three years the Supervisory judge shall proceed in terms of Article 51 b of the Penitentiary Act, sending the order issued and related documentation to the Supervisory court.
Art. 100
Home detention
1. Home detention shall begin from the date of notification of the executive provision granting it.
2. The Order granting home detention shall indicate the Supervisory office in whose geographical jurisdiction the measure is to be enjoyed.
3. In the cases provided for by Article 47 ter, paragraph 1, letters (a), (b), (c) and (d) of the Penitentiary Act, without prejudice to the provisions of Article 76, paragraph (2), letter (b) of these Regulations, home detention may be granted by the Supervisory Court even upon report by the institution management.
4. As soon as the Order granting home detention comes into effect, the Court's clerk office shall send it, together with the Court papers, to the court’s clerk office of the Supervisory Office indicated in the Order.
5. If, during home detention the concerned person asks for the measure to be carried out in a location situated in another jurisdictional area, the provisions set out under Article 97, paragraph 7, shall apply.
6. In the event of the amendment of the provisions relating to home detention, the Supervisory judge shall give notice of the same to the Supervisory Court, to the investigating police offices responsible for carrying out supervision and to the Probation service Centre.
7. Those steps required by Penitentiary Act to be within the responsibility of the Probation service shall be carried out in accordance with the procedures specified under Article 118, within the limits of the regime applicable to the measure.
8. Being consistent, the provisions of Articles 96, 97 and 98 shall apply.
Art. 101
Regime of semi-liberty
1. A copy of the order allowing admission to semi-liberty regime, except in the case of suspension in terms of Article 666, paragraph 7, of the Italian Code of Criminal Procedure, shall be sent by the Court’s clerk office of the Supervisory Court to the Supervisory Office, to the management of the Penal institution and of the Probation service Centre.
2. A special programme of treatment shall be drawn up for the convicted person or internee having been allowed to serve his sentence in semi-liberty. It shall be drawn up within five days, even if provisionally solely by the Governor, then shall be approved by the Supervisory Magistrate. When the measure is to be enjoyed in a different place, the person concerned shall travel there in conditions of personal freedom, carrying a copy of the provisional treatment programme. This latter may be limited to an explanation of the way in which to reach the institution or wing in which the semi-liberty is to be enjoyed. The Treatment Programme for the implementation of semi-liberty shall contain the provisions that the convicted person or internee shall commit himself, in writing, to comply with. Such provisions shall have to be observed during the time spent outside the prison, also as to relations with his family and with the Probation services as well as the provisions governing the times of departure and return. The Treatment Programme shall aim at combining the external reintegration in the specific activity for which the regime of semi-liberty has been granted with the person's reintegration into his family and social environment, both on the days when the specific activity is to be carried out, providing, in particular, for the possibility of having meals with his family, and during the other days. To that end it shall point out the relations which the person concerned may maintain outside in the environments indicated; those relations shall be considered useful and contributing to the process of social reintegration on the basis of the information coming from the observation activity and, in particular, from the reports on the development of the external situation drafted by the Probation service Centre.
3. The responsibility for the Treatment shall remain with the Governor who shall avail him/herself of the Probation service Centre for supervision and assistance to the person concerned when at liberty. The actions taken by the Probation service shall be carried out in accordance with the procedures in terms of Article 118 within the limits of the regime of the measure.
4. In the case provided for by Article 51 of the Penitentiary Act, the Governor shall refer to the Supervisory Court and Judge.
5. A person admitted to the regime of semi-liberty must account to those of the institution's staff with responsibility in that regard, for the use of the money he is authorised to spend.
6. Should there be a change in the activity referred to in Article 48, paragraph 1, of the Penitentiary Act, or if the measure has to be carried out in places located in other jurisdictional areas, the provisions of Article 89, paragraph 9, shall apply. The Governor of the prison of origin shall inform the destination prison of the pending arrival of the person under the semi-liberty regime. The person concerned shall immediately be admitted to the regime of sem-iliberty in the new institution in accordance with the Treatment Programme previously drawn up, amended as appropriate.
7. A person enjoying semi-liberty who is admitted to an external care institution in terms of Article 11, paragraph 2, of the Penitentiary Act shall not be guarded.
8. Autonomous wings of institutions designed for semi-liberty may be situated in buildings or parts of buildings devoted to civilian accommodation.
9. Being consistent, the provisions of Articles 96, 97 and 98 shall apply.
Art. 102
Home leaves
1. A convicted person enjoying semi-liberty and an internee in any case, when they are granted a home leave, shall be given by the management a part of their available “peculio” in relation to their needs during the period of the leave.
2. Article 89, paragraph 9, shall apply as for the travel costs necessary to reach the place where the person on home leave shall be required to stay.
3. The person concerned shall be required to go directly to the destination place and present himself to the public security authority for the certification of the date and time of arrival. In the same way, on his return, a certificate must be obtained attesting to the date and time of departure.
Art. 103
Reduction of Sentence for early release
1. The provisions of Article 96, paragraph 1, shall apply, being consistent, to the applications of and proposals for the grant of the benefit provided for by Article 54 of the Penitentiary Act.
2. The participation of the convicted person in the process of rehabilitation shall be assessed with particular reference to the commitment shown in profiting from the opportunities offered during the treatment and to the maintenance of proper and constructive relations with staff, companions, family and the external community.
3. The Public prosecutor's office responsible for the execution shall notify the Supervisory court of the sentence imposed on the person concerned for non culpable offences committed while serving the sentence.
4. The purview of the order shall indicate the extent of the reduction made to a particular sentence still being served.
Art. 104
Conditional Release
1. The Governor shall send any application or proposal for conditional release to the Supervisory Court without delay, accompanied by a copy of the personal file and of the results of the observation of the person concerned, if this has been already carried out.
2. The Order granting conditional release shall have immediate effect, except in cases where its suspension has been provided for in terms of Article 666, paragraph 7, of the Italian Code of Criminal Procedure, and shall be sent to the institution management to release the offender. It shall also be communicated to the concerned person, the Supervisory Judge , the Police Headquarters and the Probation service Centre having geographical jurisdiction, to ensure the fulfilment of the requirements relating to the implementation of the conditional release. The Supervisory judge shall issue the order setting out the obligations and prohibitions applying to the supervised liberty; the Police headquarters shall draw up the written statement binding the concerned person to the obligations and prohibitions and the Probation service Centre shall carry out the intervention in terms of Article 105.
3. The order shall fix the maximum time limit following release from prison within which the concerned person shall be required to present himself to the Supervisory Office having jurisdiction over the place where he shall live under supervised liberty.
4. In case of confirmed infringement of the provisions, the Supervisory judge shall send a proposal for the revocation of the conditional release to the Supervisory Court.
Art. 105
The intervention of the Probation Service in the regime of Supervised Liberty
1. A copy of the document relating to the enforcement of supervised liberty issued by the Supervisory judge shall be sent to the Probation service Centre which shall carry out those actions provided for by the Penitentiary Act in accordance with the procedures provided for by Article 118 within the limits of the regime applying to the measure concerned.
2. The Centre shall refer to the Supervisory judge on a periodical basis about the actions carried out.
Art. 106
Release of Debt
1. For the purposes of the release of debts relating to legal and maintenance costs, the Supervisory Judge, for the assessment of the conduct of the person concerned, shall take into account those elements of which s/he has direct knowledge but also the notes contained in the personal file, with particular concern for the development of the behaviour of the person concerned. If the subject has not been imprisoned, account shall be taken of the person's regular conduct in liberty.
2. In his/her assessment of the financial conditions in which the person concerned finds himself, the Supervisory judge shall refer to the probation service Centre and may request information from financial bodies.
3. The submission of the proposal or the request shall suspend enforcement proceedings for the payment of legal costs of any legal proceedings currently underway. To such end, the court’s clerk office of the Supervisory Office shall give notice of the submission of the request or proposal to the clerk office of the enforcement Court. The same court’s clerk office shall also be given a notice of the refusal or acceptance of the request.
4. The institution management from which the internee or prisoner was released shall also be notified of the request for the remission of debts relating to maintenance costs. On receipt of the above communication and contemporaneously with the debt remission proposal, the institution management shall suspend the procedure for the recovery of maintenance costs (if such recovery has not already been made). The order refusing or granting the request shall be notified to the competent management.
5. Following communication of the refusal of the application any procedure which was previously suspended or which had not been started shall be taken up.
Art. 107
Communication to the enforcement Office
1. The provisions issued by the Supervisory Judges having any bearing on the sentence being currently served shall be sent, by the court’s clerk office, also by telematics means ensuring the authenticity and security of the communication, to the Judicial Record and, where the person concerned is in prison, to the institution management. It shall also be communicated to the person concerned, the public prosecutor and, when necessary, to the Probation service Centre, together with a note of the details necessary to identify the sentence or, where a sentence entails concurrent punishment, details sufficient to identify the same. In any case the Public Prosecutor's office responsible for the enforcement of the punishment shall be indicated together with the Registry number of the enforcement procedure.
2. When an appeal has been made to the Court of Cassation against the provisions indicated in paragraph 1, the clerk of the court shall notify the decision of the former Court and of the related order to the clerk’s office of the Supervisory Court which issued the order challenged, within three days from the making of the decision. The said clerk’s office shall then provide for in terms of Paragraph l.
Art. 108
Deferral of the enforcement of custodial sentences
1. Should any circumstance which, in terms of Articles 146 and 147, paragraph 1, numbers (1) and (2) of the Italian Code of Criminal Procedure, permitting the suspension of the application of the sentence come to the knowledge of the Public Prosecutor responsible for the enforcement of the sentence, the officers of the Criminal Investigation Police, the Governor of the Penal institution and the Director of the Probation Service Centre, they must inform the competent Supervisory Court and the Supervisory judge of the same without delay.
Art. 109
Opinion on a request or proposal for a free pardon
1. The Supervisory judge in whose jurisdictional area the convicted person is living shall provide a motivated opinion on any request or proposal for a pardon in the shortest possible time, having investigated the appropriate elements of the case to be found at the offices of the institution management and at the Probation Service Centre.
TITLE II
Provisions governing the Penitentiary organisation
CHAPTER II
Penal institutions
Art. 110
Serving sentences in institutions of a different category
1. Convicted persons who have been sentenced to imprisonment for a term not exceeding two years, or still having to serve a part of sentence not exceeding two years and who do not present particular problems as to their custody, can be assigned to a Circuit prison (casa mandamentale). The Prison management and the activities of observation and treatment are carried out by staff working in an institution of the same district as that comprising the Circuit prison.
2. Remand Prisons (case circondariali) can receive persons sentenced to arrest and persons sentenced to imprisonment for a term not exceeding five years or having a part of sentence still to be served not exceeding five years.
3. Convicted persons who are sentenced to imprisonment for a term not exceeding two years can be assigned to detention facilities, for the same reasons specified under Paragraph l.
4. The assignments provided for in this article are ordered by the regional Director of the Penitentiary Administration.
5. Life imprisonment is served in prisons for the execution of sentences (case di reclusione).
Art. 111
Judicial Psychiatric Hospitals, “prison hospitals”, special institutions and wings for sick persons and for psycho physical disabled persons
1. Without prejudice to the provisions of Art. 113, judicial psychiatric hospitals,“prison hospitals”, and special institutions or units for sick persons or psycho physical disabled, are managed by technical health staff of the Penitentiary Administration; in particular, nursing staff necessary for the treatment and rehabilitation of the said persons is assigned to those establishments.
2. Professionals and volunteers carrying out their activity within “prison hospitals”, judicial psychiatric hospitals and within institutions or wings for sick and psychic disabled persons are selected and qualified with a special attention to the specific needs of the persons there accommodated.
3. In addition to those people to which the security measure provided for by Art. 215, paragraph 2, nr 3 of the Criminal Code is applied, temporarily or finally, the judicial psychiatric hospitals also accommodate remand prisoners, convicted persons and internees falling within the conditions provided for by articles 148, 206 and 212 paragraph 2, of the Criminal Code.
4. In addition to those people on which the security measure provided for by Art. 215, paragraph 2, nr 2 of the Criminal Code,is applied, temporarily or finally, the prison hospitals also accommodate remand prisoners, convicted persons and internees falling within the conditions provided for by articles. 148, 206 and 212 paragraph 2, of the Criminal Code.
5. The accused persons and convicted persons who, during their detention, fall ill with a psychic insanity which does not entail, respectively, the temporary enforcement of a security measure or the order of hospitalisation into a judicial psychiatric hospital or into a “prison hospital” are assigned to a special facility or wing for sick and mentally disabled persons.
6. The direction of the psychiatric hospital or of the “prison hospital” shall inform the competent judicial authorities every month on the physical conditions of the in patients, pursuant to articles 148, 206 and 212, Paragraph two, of the Criminal Code.
7. The convicted persons serving a reduced sentence for partial mental deficiency can be assigned to the institutions or wings for subjects suffering from psychical illness or disability, when their conditions do not permit their staying in ordinary facilities. These persons can be sent back to the ordinary institutions, after a possible trial period in the special facility, once the pathological conditions seem to be overcome or remarkably improved.
Art. 112
Assessment of mental disability
1. The assessment of the psychical conditions of accused persons, convicted persons and internees, in order to adopt the measures provided for under articles 148, 206, 212, Paragraph two of the Criminal Code, articles 70, 71 and 72 of the Code of Criminal Procedure and Paragraph 4, Art. 111 of these Regulations, is ordered, upon notification from the management of the institution, or on its own initiative, for the remand prisoners by the competent judicial authority and, for the convicted persons and internees, by the Supervisory Judge. The assessment is carried out in the same facility where the person is detained or, in the case of inadequacy of the concerned diagnostic service, in another institution of the same category.
2. The competent Judicial authority or the Supervisory judge may order, when special reasons so require, that the assessment be carried out in a judicial psychiatric hospital, a “prison hospital” or an institution or wing for mentally sick or disabled persons, or in a civilian psychiatric hospital. In no case the person shall be kept under observation for more than thirty days.
3. Following the result of the assessment, the competent judicial authority or the Supervisory judge shall either take one of the measures provided for under articles 148, 206, 212, Paragraph two of the Criminal Code or by Articles 70, 71, 72 of the Code of Criminal Procedure and by Article 111, paragraph 4 of these Regulations, or order that the person be sent back to the facility he came from.
Art. 113
Conventions with public psychiatric services
1. According to the law currently in force, in order to facilitate the treatment of the illness and the social reintegration of persons interned in judicial psychiatric hospitals, the penitentiary administration shall organize its reception facilities taking into account the most advanced therapeutic solutions available including the establishment of protocols of psychiatric treatment agreed upon with other local public psychiatric services.
Art. 114
Coordination of Observation Centres research activity
1. The scientific research activity carried out by the observation centres is aimed at analysing and assessing the observation and treatment methods and is co ordinated by the Department of Penitentiary Administration.
Art. 115
Distribution of prisoners and internees to the institutions
1. In each region an integrated system of institutions, covering the different types of detention shall be established; the total accommodation capacity of said system shall meet the criteria of territoriality relating to the serving of the sentence, keeping into account also any possible requirements of a general nature.
2. Within the categories of institutions specified under numbers 2) and 3) of Article 59, paragraph 1 of the Penitentiary Act, prisoners and internees are assigned to facilities or wings so as to put into practice the guidelines referred to under Art. 14, paragraph 2 of the Penitentiary Act.
3. For the prisoners and internees who do not represent an impending danger, for whom significant and particular treatment interventions must be provided, low security regimes (“a custodia attenuata”) can be arranged in separate facilities or in wings within the same facility, to ensure a wider carrying out of the above treatment activities.
4. The prisoners and internees affected by drug addiction or alcoholism and those suffering from particularly severe pathologies, both psychical and physical, particularly the HIV positive related pathologies, can be assigned to separate facilities or wings of a facility capable of ensuring intensive care.
5. The fitness of the rehabilitation oriented treatment programs is checked by suitable methods of evaluation research.
6. Differentiated kinds of treatment can be carried out in wings of a same facility that are sufficiently autonomous.
Art. 116
Access of Ministers of religion to the institutions
1. The Ministers of the Catholic Church, other than the chaplains, and those listed in the last Paragraph of Art. 58, are authorised by the Governor, upon the application of individual internees or prisoners, to access the institution for their ministerial activity, upon verification of their qualification. Their activity is performed so as to ensure the required privacy.
Art. 117
Visits to the institutions
1. The visits shall take place respecting prisoners and internees. The visits are specifically aimed at verifying the conditions of life of the concerned subjects, including those that are submitted to judicial confinement. No comments or remarks as to the life within the institution are allowed in the presence of internees or prisoners, nor it is permitted to discuss with the accused persons subject matters related with the ongoing penal proceeding.
2. The Department of Penitentiary Administration may authorise persons other than those specified under Art. 67 of the Penitentiary Act, to access the institutions, setting the terms for the visit. Visits can also be authorised by persons included in categories similar to those provided for under Article 67 of the Penitentiary Act.
CHAPTER II
Probation service and assistance
Art. 118
Probation Service Centre
1. The probation Service centre, and its branches is staffed with the personnel identified by special roll schedules, covering all fields of activity.
2. Those centres are organised in sectors: probation, secretariat and administration and accountancy services.
3. The probation service sector can include experts, in terms of Art. 80 of the Penitentiary Act, to provide consultancy and collaboration, if necessary, under the supervision of the Director of the Centre or the person responsible for the same sector.
4. The probation service centre is arranged in premises separate from the prisons and the judicial offices.
5. The Director of the centre assigns the staff with the activities to be carried out, by distributing the work according to the areas of competence; he/she gives instructions and directions for the carrying out of the tasks committed and their co ordination. The Director schedules periodical meetings with the probation officers on any problems or matter that may arise, and carries out the technical supervision; he/she assures the execution of the activities aimed at the professional supervision of the staff.
6. In carrying out the observation and treatment interventions in the community for the granting and the enforcement of the alternative measures, the substitutive sanctions and the security measures, as well as the interventions aimed at observing and treating the persons in prison, the probation service centre co ordinates its activities with the activity of the institutions and social services working in the local area.
7. Operational agreements with the services of the local bodies are defined within the frame of the social dynamics affecting the personal and family history of the concerned persons, as well as within an integrated perspective of intervention. This co ordination is promoted and carried out in compliance with the general guidelines set by the Penitentiary Administration to this effect.
8. In particular, the interventions of the probation service are aimed, during the treatment in the community, at helping the persons benefiting from it to fulfil responsibly the commitments relevant to the measure they are submitted to. These interventions, organised into a tailored and unitary process, are basically characterised by:
- the proposal made to the concerned person to experience a relationship with the authority based on the trust that the concerned person can recover control over his/her behaviour without repressive interventions;
- the help leading the subject to better use his/her resources in his/her family and social context;
- a monitoring, where this is provided for in the measure being enforced, on the behaviour of the subject, that may represent at the same time a help aimed at ensuring compliance with the obligations and prescriptions ordered by the supervisory Judge;
- a spur to a proper critical evaluation, by the persons themselves, of the behaviours that have been the ground for the conduct punished, in view of a complete and lasting social reintegration.
Art. 119
Council of social aid
1. The offices of the council of social aid are situated at the Court of the District chief town.
2. The Council is organised in secretariat, cash and filing services.
3. The jobs related with these services are committed to career staff in the Clerk’s Office of the Court, appointed by the Chairman.
4. The staff do their work for free.
Art. 120
Voluntary helpers
1. The authorisation provided for under Art. 78, paragraph 1 of the Penitentiary Act is granted to persons who prove concern and sensitivity for the human conditions of the persons submitted to measures of deprivation of liberty and restriction, and who show actual capabilities to assist persons in the need. The authorisation can also concern several persons that are members of organisations of volunteers, which would ensure a lasting presence in certain fields of activity, through specific agreements with the management of the institutions and the Probation service Centres. The revocation of the convention entails the loss of the individual authorisations.
2. The authorisation specifies the kind of activity the volunteer can carry out, particularly whether he/she is granted access to one or more prisons or is authorised to collaborate with the Probation service Centres.
3. The authorisation has one year of validity and is deemed renewed if at its expiration the management of the institution or the Probation service Centre give a favourable opinion.
4. The management of the institution or the Probation service Centre also provides for the activity of the volunteers to be carried out perfectly integrating the activity of the institution workers. The persons authorised for this purpose can have access to the institutions and the Probation service Centres in the ways and times provided for the treatment activities and the carrying out of the alternative measures.
5. If the volunteer proves unfit for the proper carrying out of his/her tasks, the prison Governor or the Director of the Probation service Centre shall suspend the authorisation and request the Department of Penitentiary Administration to revoke it, informing the Supervisory judge accordingly.
PART II
Fines Fund
TITLE 1
FINES FUND ADMINISTRATION AND ACCOUNTING
Art. 121
Bodies of the Fines Fund
1. The bodies of the Fines Fund are:
- the chairman;
- the board of directors;
- the secretary.
2. The members of the bodies specified under paragraph 1 do their work for free.
Art. 122
Chairman
1. The Head of the Department of Penitentiary Administration, or a person delegated by him, acts as the Chairman of the Fines Funds, and legally represents it.
2. The Chairman of the Fines Fund:
- chairs the Board of Directors referred to in Article 123;
- issues the orders necessary to enforce the resolutions of the Board of Directors and supervises their careful implementation;
- Takes urgent measures, including those that are under the competence of the Board of Directors, subject to approval by the Board of Directors during its first following meeting;
- stipulates the contracts required to enforce the resolutions of the Board of directors, within the limit of the budget funds and in compliance with the general rules of the UE and State accounting rules, as applicable;
- orders the payment of expenses within the limits of the budget allocation and in compliance with the resolutions of the Board of Directors;
- supervises the administrative and accounting status of the Fund;
- submits the budget, the final balance and the statement of assets and liability of the Fund to the Board of Directors.
Art. 123
Board of Directors
1. The Fines Fund is managed by the Board of Directors that is composed of:
- the Head of the Department of Penitentiary Administration, or his representative, acting as Chairman;
- the Directors, or a delegate thereof, of the central office for staff, the central office for prisoners and treatment, the central office for goods and services and an officer expert in administration and bookkeeping, from the Department of Penitentiary Administration;
- an executive appointed by the Ministry of Treasury, Budget and Economic Planning.
2. The Board of Directors operates in compliance with the following provisions:
- the Board of Directors is summoned by the Chairman, usually every six months and exceptionally every time it is necessary or when it is requested by at least two directors, with specifically stating the subject matters to be debated;
- the secretary of the Fund also acts as the secretary of the Board of Directors and attends the Meetings with the right of opinion on the subject matters in the Agenda;
- the Meetings shall be valid with the presence of at least two third of the members; the resolution is valid when adopted with the favourable vote of the majority of the attendants. The vote of the chairman prevails in case of equality of votes;
- the Minutes of the meetings are signed by the Chairman and the secretary and are approved in the meeting immediately following the one of reference.
3. The Board of Directors shall fulfil the following functions:
- within the month of November of every year it issues the Budget of the Fines Fund. In the course of the financial year it also deliberates any changes to the budget that become necessary to fulfil the scope of the Fund;
- it deliberates on the allocations of funds provided for by Article 129;
- it deliberates on the subject of voluntary fine settlements, endowments, grants, subsidies and other possible earnings;
- it deliberates on the purchase, sale, location and exchange of real properties, as well on the purchase of movables, movables registered and equipment required to run the Fund;
- it deliberates on the procedures for the use of the financial current assets deposited in the Deposit and Loan Bank, even different from current account deposit;
- it deliberates on the withdrawals to be made from the reserve fund, even during the financial year, to compensate for any shortcomings in the balance entries, or to cope with new or incidental expenses;
- it deliberates on the establishment of bodies, including joint bodies, to monitor the activities carried out by the subjects to whom money has been allocated by the Fund, but restrictedly to the legitimacy of their actual utilisation;
- it approves the urgent steps taken by the Chairman.
Art. 124
Secretary
1. The secretary of the Fines Fund is appointed by the Board of Directors, on the Chairman's motion, and is selected among the personnel of the Penitentiary Administration that have the professional capability required for the job.
2. The Secretary:
- runs the secretarial office and co ordinates the services within the same;
- takes cares of the preparation of the matters the chairman shall have to submit to the Board of Directors and prepares everything required for the resolutions to be adopted;
- attends the meetings of the Board of Directors with right of opinion on the matters in the Agenda;
- draws up the Minutes of the Meetings and takes care of their filing;
- implements the Chairman's instructions;
- takes care of the Fund accountancy, of the accounting books and book entries, as well as the correspondence, by filing the related deeds and documents;
- draws up the yearly Budget, the changes thereto, the Final Balance Sheet as well as any further accounting records to be submitted to the approval of the Board of Directors;
- is the consignee of the immovables and movables pertaining to the Fund, and reports to the Chairman for the same;
- takes care of the organisation and management of the operational activities of the Fund, and is responsible of them before the Chairman;
- co ordinates and monitors the accounting management of the Fund as well as the utilisation of the moneys allocated pursuant to Art. 129. To perform the activity specified above he/she is entitled to avail him/herself of the bodies established pursuant to Art. 123, paragraph 3, letter g);
- carries out all the activities, both accounting and administrative, required for the formalisation of contracts;
- provides directly to collect the Fund incomes and to pay the expenses for which he/she has been delegated by the Chairman;
- signs the documents related with the fulfilment of the functions under this article.
TITLE II
ADMINISTRATION AND ACCOUNTANCY
Art. 125
Deposit account and assets account
1. The financial endowment of the Fines Fund is represented by the deposit account and the assets account.
2. The deposit account receives all the payments done either provisionally or as a caution.
3. The assets account receives any further money, particularly the amounts allocated to the Fund by provision of law or by order of the judicial authority.
4. The assets funds and the caution money are usually deposited into an interest bearing account opened with the Deposit and Loans Bank. The Board of Directors can deliberate to invest the available funds, or a part thereof, except for those coming from the National Budget, in Treasury Bonds or guaranteed stocks, or gilt edge securities, suitable to guarantee a net rate of interest higher than that applied by the Deposit and Loan Bank.
5. The cash services as well as the service of purchase and sale of the securities under Paragraph 4 are carried out by the Deposit and Loan Bank.
Art. 126
Payments
1. Without prejudice to the provisions of Paragraph 2, the amounts due to the Fines Fund shall be paid in fully to the licensee for the collection service and charged to the tribute code "1AET”. Upon collection, the licensees of the collection service shall pay the amounts collected back to the local offices of the State Treasury that, in turn, are bound to credit them to the national State Treasury, into the current account opened in the name of “Deposit and Loan Bank Head office" in the favour of the Fines Fund. The local offices of the State Treasury shall issue receipt for the take.
2. The amounts owed to the Fines Fund by the penal institutions shall be paid in, through the proper deposit slip, directly to the local departments of the State Treasury which are bound to credit them to the State Treasury head office on the special current account as specified under Paragraph 1. The local departments of the State Treasury shall issue the proper receipts for the income.
3. The judicial offices and the managements of the penal institutions shall promptly notify the Fines Fund of the payment received, with a letter explaining the reason of each payment.
4. The proceeds from prison manufacturing, entered in a special item of income of the National Balance, are re allocated, in terms of the decree of the President of the Republic of 10 November 1999, no. 469, to the special basic unit for the estimate of the Ministry of Justice, then transferred to the balance of the Fines Fund to the extent provided for by the law.
5. The amounts so collected shall become interest bearing and the interest shall be paid into the Deposit and Loan Bank that shall credit them to the current account as of 30th June and 31st December each year.
6. The Deposit and Loan Bank is bound to transmit the statement of the current account to the Fines Fund, half yearly, along with the information on the transactions directly carried out.
Art. 127
Property
1. The Assets of the Fine Fund are formed by
- own movables and immovables;
- title in licenses obtained in whatever capacity;
- possessions of any natu¬re received by endowment or any other title;
- government or private stocks purchased as a possible investment of the available funds;
- money deposited into the Deposit and Loan Bank, other banks and the cash.
Art. 128
Revenues
1. The Revenues of the Fines Fund include current incomes and capital account incomes.
2. The current incomes are represented by:
- income from property and investments;
- interests on deposits and securities;
- the revenues or other incomes expressly transferred or allocated by law, or by other regulations, directly to the Fund;
- the deposit established with the Fund and transferred to the same by order of the judicial authority;
- the proceeds from prison manufacturing re allocated every year to the balance of the Fund;
- any voluntary cash settlement, endowment, grant, aid from public or private bodies;
- proceeds from the sale of effects no longer in use;
- any possible and miscellaneous revenues.
3. The revenues in capital account are represented by:
- proceeds from sales of immovables and other interest bearing assets;
- repayment of own securities;
- legacies and voluntary cash oblations with the burden of investment;
- funding for the acquisition of properties.
Art. 129
Purposes and interventions
1. The Fines Fund, a public legal entity in terms of Article 4 of the Law 9th May 1932, no. 547, fulfils the purposes described in the paragraphs 2 and 3 below, with the direct and indirect interventions provided for by this article.
2. The endowments of the Fund are allocated, by resolution of the Board of Directors, to finance by way of priority, those projects of the Penitentiary Administration using the funding from European structural funds, as well as those projects using the funds provided for by European Union, national and regional regulations.
3. The endowments of the Fines Fund are also allocated, by resolution of the Board of Directors, to the financing of programs that implement interventions of economic aid to the families of prisoners and internees, as well as programs aimed at facilitating the social reintegration of prisoners and internees also in the stage of enforcement of measures alternative to custody.
4. The programmes provided for by Paragraph 3 can be submitted by public bodies, private organisations, foundations or other bodies devoted to voluntary and solidarity work, penal institutions and by the probation service centres of the Penitentiary Administration, upon appointment of the person entrusted with their implementation.
5. The programmes provided for by Paragraph 3, except for those submitted by the penal institutions and the probation service centres, shall be accompanied with an explanatory report about the applicant, as well as an opinion from the Assessorship to social security of the province competent on the local area where the programme has to be carried out.
6. The programmes provided for by Paragraph 3 are financed on the base of half yearly progress reports, following the favourable evaluation of the subjects competent to issue the opinions referred to under Paragraph 4 and by the Board of Directors of the Fund, per each progress report.
7. The expenses related to the funding of the programs described under paragraphs 2 and 3, as well as any further expense within the competence of the Fines Fund, including the money deducted from the caution money for legal fees and the costs for the maintenance while in prison due by the depositor to the Treasury, are made by payment orders issued by the Chairman of the Fund and are transmitted to the Deposits and Loans Bank that shall provide to credit the same to the persons entrusted with the programs referred to under Paragraph 4, or the persons entitled thereto.
8. The Deposit and Loan Bank shall inform the Fines Fund as the money referred to under Paragraph 7 are credited.
Art. 130
Balance
1. The budget and the final Balance Sheet of the Fines Fund are approved by decree of the Minister of Justice in consultation with the Minister of the Treasury, Balance and Economic Planning.
PART III
Final and temporary provisions
Art. 131
Day-appointed experts
1. The regional Director shall directly appoint experts as provided for by Art. 80, paragraph 2 of the Penitentiary Act.
2. The appointment is made after the applicant's suitability to fulfil the job related duties has been ascertained.
3. To this effect, a commission shall be established in every regional Directorate, composed of the Director, who chairs the commission and two officers of the Penitentiary Administration, together with an expert on the subject of the task to be assigned; the commission shall interview the applicant to evaluate the suitability referred to under Paragraph 2.
4. An officer from the regional Directorate acts as secretary.
Art. 132
Appointment of the observation and treatment experts
1. The regional Director shall draw up, per each district of the Court of Appeals, a list of the experts to whom the direction of the Penal institutions and the Probation service Centres may address for the carrying out of the observation and treatment activities pursuant to Article 80, paragraph 4 of the Penitentiary Act.
2. This list shall include professionals having a clean police record and being not younger than twenty five. To be enrolled in the list of professionals, they must be holders of the professional title required and must prove their suitability to carry out their activity in the specific prison environment The suitability is assessed by the regional Director through an interview and by evaluating the references submitted by the applicant. To this effect, the regional Director can avail himself of the advice of University teachers in the disciplines provided for by Art. 80, paragraph 4, of the Penitentiary Act.
3. The management of the Penal institutions and the Probation service Centres shall commit the experts referred to under Paragraph 2 with individual tasks, upon authorisation of the regional Directorate.
Art. 133
Functions of the directors of the rehabilitation centres and the probation service offices for the minors
1. The functions corresponding to those that these regulations reserves to the regional Director and to the probation service centres for adults are exercised by the director of the Centre for juvenile justice and by the Office of probation service for the minors having jurisdiction on the local area, respectively.
Art. 134
Rules on services
1 Within five years from the date of coming into force of these regulations, the institutions where the toilets are not sited in a space inside the bedroom shall be renovated in order to make them comply with the provisions of Art. 7, according to the building interventions made possible by the availabilities of the institution budget. Similarly, the toilets shall be provided with a shower and, particularly in the female institutions and sections, with a bidet, wherever they do not have one, yet.
2. The toilets currently sited within the bedroom shall however be such as to enable their use in suitable conditions of privacy, until they are replaced.
3. So far as the services referred to under Article 7 are not realised, a daily shower with warm water shall be permitted.
Art. 135
Provisions concerning the premises for meals preparation and wine consumption
1. Within five years from the entry into force of this regulation, the premises referred to under paragraphs 1 and 3 of Article 13 must be realised in the pre existing institutions, by appropriate restructuring, according to the interventions permitted by the penitentiary building industry and to the extent permitted by the funds available in the budget.
2. So far as the provisions of Paragraph 1 are not complied with and premises accessible to groups of internees are not available, the meals shall be consumed in the bedrooms, by using suitable support planes.
3. Also and so far as the provisions of Paragraph 1 are not complied with, the cooking of foods easy and quick to prepare may be permitted in bedrooms or, if the case be, in a different and appropriate place; the foods that are permitted, the method and the amount, even roughly estimated, of the costs for electric power to be charged to the user when electric heaters are permitted, shall be fixed.
Art. 136
Final rule
1. The Regulation enforcing the Penitentiary Act, pursuant to decree of the President of the Republic of 29th April 1976 no. 431 as amended and complemented, is abrogated.
TRADUZIONE A CURA DEL DOTT. ANDREA BECCARINI E REVISIONE A CURA DELLA DOTT.SSA ALESSANDRA VIVIANO