Navigating the time of a sentence
In prison, time is the first thing that is taken away: it becomes opaque, difficult to measure, often impossible to control.
In prison, time is the first thing that is taken away: it becomes opaque, difficult to measure, often impossible to control.
What the law says
The Prison System Act provides that, well before the end of a sentence, a person may access benefits and measures that mark concrete steps towards reintegration into outside life:
- working outside
- day release and licences
- alternative measures
- early release
What happens in reality
Despite the law, the numbers tell a different story. Rights that exist on paper, but remain inaccessible for the majority. In 2023:
- only 27% of Italian inmates accessed alternative measures (DAP, Ministry of Justice)
- only 4% worked outside under Article 21
- reward leave was granted to less than 10% of the prison population
- early release
Alternative measures to detention
They allow the sentence to be served outside prison, in less restrictive ways, promoting social reintegration and reducing the desocialising effects of detention.
What they are
They allow the convicted person to serve their sentence outside the prison facility, in the presence of certain requirements. They are governed primarily by the Prison System Act (L. 354/1975) and can be requested through a formal application to the Supervisory Magistrate or Court.
Types of alternative measures
- Probation with social services
- House arrest
- Semi-liberty
- Probation in special cases
Who can submit the application
- The convicted person
- The defence lawyer
- The Public Prosecutor
Procedure
When the request can be made
Sentence within the limits: up to 4 years up and to 6 years for drug-dependent individuals
Suspension of the enforcement order
The Public Prosecutor suspends the enforcement order for 30 days
Submission of the application
The defence lawyer submits the application to the Supervisory Court
For those already detained
If the remaining sentence falls within the prescribed limits, the application can be sent directly to the Supervisory Court
If a new sentence title arises during an alternative measure, the Magistrate calculates the cumulative total:
- if it falls within the limitsmeasure remains active
- if it exceeds the limitsmeasure revoked
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Probation with social services
Who can access it
Inmates whose sentence does not exceed 4 years and for whom the path is considered useful for rehabilitation and prevention of reoffending.
The following may also access it:
- persons under house arrest
- persons on semi-liberty
The convicted person
serves their sentence outside
in an alternative measure regime
with support
from the social services
for a duration
equal to the remaining sentence
At the time of the probation order, a formal record is drawn up setting out the conditions the convicted person must comply with, both in relation to their dealings with the social services and the more practical aspects of execution, such as the choice of residence and occupation, freedom of movement, and the prohibition of frequenting certain places.
Outcome of the measure
If successfully completed
- the custodial sentence is extinguished
- other criminal effects also lapse (except perpetual accessory penalties)
When it can be revoked
- behaviour contrary to the law
- failure to comply with the prescribed conditions
- conduct incompatible with the continuation of the measure
House arrest
Legal basis - Art. 47-ter O.P.
Provides for three different types of house arrest:
Persons over 70 years of age
excluding serious offences and habitual reoffenders
Sentence of less than 4 years
and under 70 years of age, under the following conditions:
- not declared habitual offenders
- under 21 for study, work or family needs
- serious health conditions
- pregnant woman or mother with a child under 10
- sole father with a child under 10
Sentence of up to 2 years
when probation is not possible and if the measure reduces the risk of reoffending
House arrest is revoked if:
- behaviour is contrary to the law
- prescribed conditions are not respected
- conduct is incompatible with the continuation of the measure
- the offence of escape is committed
Measures for persons with AIDS or severe immune deficiency
Legal basis - Art. 47-quater O.P.
The alternative measures provided for under articles 47 and 47-ter O.P. may be granted beyond the ordinary sentence limits to persons who:
- are affected by full-blown AIDS
- or ascertained severe immune deficiency
- are following or intend to begin a care and treatment programme
Who can access it
The application can be submitted directly by the person concerned or by their defence lawyer.
The conditions imposed for the execution of the measure must also include:
- the methods of carrying out the therapeutic programme
- the obligations linked to the treatment path
Semi-liberty
Legal basis - Art. 48 O.P.
Semi-liberty allows the convicted person or internee to spend part of the day outside the facility to carry out:
- work activities
- training activities
- other activities useful for social reintegration
Who can access it
- Those sentenced to arrest
- Those sentenced to imprisonment of less than 6 months
- Those who have already served at least half of the sentence
- Those who have already served two thirds of the sentence in the case of high-security offences — art. 4-bis O.P.
Those sentenced to life imprisonment may be admitted to the semi-liberty regime after having served at least 20 years of the sentence.
Probation in special cases
Legal basis - Art. 48 O.P.
The measure is aimed at drug and alcohol dependants who are following or intend to begin a therapeutic recovery programme
Who can access it
- Persons with a custodial sentence of no more than 6 years
- Or no more than 4 years if it concerns a high-security offence
The application can be submitted at any time, directly by the person concerned or by their defence lawyer.
How it works
The convicted person is placed under the supervision of the social services, with whom they can continue or begin a therapeutic programme.
The programme must be agreed with:
the local health authority (ASL)
an authorised private facility
The conditions imposed for the execution of the measure must also include:
- the methods of carrying out the therapeutic programme
- the obligations linked to the treatment path