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
Working outside
Working outside allows inmates and internees to work outside prison, as part of the social reintegration process.
What it is for
- Promotes resocialisation
- Anticipates reintegration into society
- Helps to concretely assess the inmate's capacity for autonomy and responsibility
Where it can be carried out
- Public bodies
- Private companies
- Affiliated organisations
Who can benefit from it
People detained for ordinary crimes
subject to a positive assessment of behaviour and the absence of social dangerousness
People detained for precluding offenses
only after having served at least one third of the sentence and in any case no more than 5 years from the start of execution
People sentenced to life imprisonment
after serving 10 years of the sentence
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Role of the administration and the Magistrate
The order of admission and revocation is adopted by the prison administration.
The Supervisory Magistrate exercises jurisdictional oversight and an approval function.
However, the Court of Cassation has recognised the Magistrate's power to activate or revoke the benefit in cases of inaction by the administration
Appeal against refusal
refusal The most recent rulings of the Court of Cassation have clarified that the measure by which the benefit is denied can be challenged by complaint, as it is a decision capable of affecting a fundamental right of the detained person.
— Art. 35-bis O.P.