The prison decree is a missed opportunity to address overcrowding

With the favorable vote in the Chamber of Deputies, the prison decree becomes law.But the concreteness of the measures to reduce the pressure on penitentiary institutions is lacking.

The Chamber of Deputies voted in favor of the conversion into law of the so-called “prison decree”, which introduces a series of measures with which the government intends to address the problem of overcrowding in Italian prisons.The text was approved by the Council of Ministers at the beginning of July and was examined by the Senate with a vote of confidence.After months of discussions and negotiations within the centre-right forces, parliament has therefore approved one of the measures that Giorgia Meloni's government has been insisting on for some time.The text, however, was considered not very incisive by many observers.

“A missed opportunity”

The conversion law was approved in the Chamber of Deputies on Wednesday evening, with 153 votes in favour, 89 against and one abstention.To improve the management of prison facilities, the text provides for lhiring of a maximum of 1,000 prison police officers between 2025 and 2026, as well as twenty new management figures.The decree is also aimed at prisoners, providing measures aimed at improving their detention conditions.Above all, theincrease in phone calls allowed each week, which will be regulated later by a regulation yet to be drawn up:“The decree intervenes on penitentiary construction and timidly retouches precautionary custody, but it certainly does not offer the necessary and urgent answers for the dramatic situation of Italian prisons,” Valeria Verdolini, president of Antigone Lombardia, told LifeGate.

According to the representative of the Italian organization that defends the protection of rights and guarantees in the penitentiary system, "the lack of concrete intervention is not only a missed opportunity, but, given the critical situation, a malicious choice by the government at the expense of limited people”, continues Verdolini.Numerous observers agree in judging the measure to be much less incisive than expected, attributing this result to the numerous political negotiations between the majority parties.

The other points contained in the decree

Another important point contained in the decree concerns the possibility for drug-addicted prisoners to serve the sentence within the communitiesto.In this regard, a list of structures suitable for the reception and reintegration of prisoners has been established, which will depend directly on the Ministry of Justice.These are places where prisoners will have access to both residential reception services and social and work reintegration paths.The National Coordination of Reception Communities (CNCA) intervened directly on this, stating that without adequate resources the risk for the structures is that of becoming “small private prisons”, without being able to guarantee dignified conditions.

What is new in the prison decree is theintroduction of the crime of embezzlement through distraction, which punishes the improper use of money or movable things.This crime, which carries a penalty of six months to three years in prison, applies to public officials or those in charge of a public service who use money or movable property for purposes other than those provided for by law, procuring or procuring for others an unfair advantage assets.Among the other points contained in the decree are the simplification of the procedure for recognizing the early release of prisoners and the prohibition on the seizure and seizure of assets that constitute foreign currency reserves deposited with the Bank of Italy.A provision to ensure that these reserves cannot be used to satisfy any financial obligations arising from legal proceedings.

Addressing prison overcrowding remains a mirage

“With 65 inmates dying by suicide – around two a week – and 7 officers dying in the same way;with around 14,000 prisoners more than capacity, the law converting the prison decree is inadequate for needs and blind to emergencies", concludes Verdolini.

The reference is tolatest report on prisons published by the association in April.The core of the investigation is simple: prisons are bursting.According to the data collected by Antigone the real crowding rate in our country is 130.6 percent, with a peak of 227 percent in the male section of the Milan San Vittore prison.In general, Italian prisons defined as "not crowded" are now only 38.In 56 institutions the crowding rate exceeds 150 percent, while in eight cases it exceeds 190 percent.As if that wasn't enough, overcrowding also affected penal institutions for minors for the first time in years, with 555 children - there were 406 in June 2023 - for 514 official places.