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.
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:
Despite the law, the numbers tell a different story. Rights that exist on paper, but remain inaccessible for the majority. In 2023:
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
Who can submit the application
Sentence within the limits: up to 4 years up and to 6 years for drug-dependent individuals
The Public Prosecutor suspends the enforcement order for 30 days
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:
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:
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.
If successfully completed
When it can be revoked
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:
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:
The alternative measures provided for under articles 47 and 47-ter O.P. may be granted beyond the ordinary sentence limits to persons who:
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:
Semi-liberty allows the convicted person or internee to spend part of the day outside the facility to carry out:
Those sentenced to life imprisonment may be admitted to the semi-liberty regime after having served at least 20 years of the sentence.
The measure is aimed at drug and alcohol dependants who are following or intend to begin a therapeutic recovery programme
The application can be submitted at any time, directly by the person concerned or by their defence lawyer.
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 3 square meters of cell space is a right, which provides for compensation if violated.
Staying in touch allows you to keep the bond with the outside world alive.
Reduce your sentence and accelerate all benefits: a mechanism worth knowing.