Penal system of the Kingdom of Italy

In Italy, the penal system is defined as the complex of penitentiary institutions and is part of the criminal justice system of the Italian State. The penal system is operated by the Ministry of Grace and Justice.

Sentenced persons may be sentenced to prison, as well as persons awaiting trial in relation to offenses of particular gravity, as well as for crimes of particular alarm or danger; in the latter case the detention is called preventive detention or custody. The penitentiary administration is responsible for the enforcement of sentences. The measures imposed on them shall are taken both before or after judgment and shall be carried out either in a closed environment, in prisons or in an open environment, with or without prior confinement.

The role of the prison in Italy is to protect society against dangerous individuals; aside of this, the punishment in general and in particular the detention has a function essentially remunerative, according to the Italian legal system; the debt contracted with the society is expiated by punishment. Imprisonment also has an explicit function of social deterrence.

General overview

The Italian penitentiary system espouses a retributive and repressive vision, in order to pursue in an exemplary way anyone who proves to be contrary to the regime and violates its laws. The Regulation for Prevention and Penal Institutions (Royal Decree 18 June 1931) is still the regulatory reference framework for the prison system.
The general nature of the Regulation is directed to the rehabilitation of the condemned; this purpose, however, is subject to the strictly afflictive and intimate nature of the imprisonment. In this sense, the prison is conceived as a closed and total institution, rigidly separated from the outside world, inaccessible to almost any person outside the hierarchy and the penitentiary discipline. The prisoner, called and identified with a matriculation number instead of the name and surname, must amend through education, religious practices (understood as a method of indoctrination to the social order) and work (understood above all as a means of reparation). social, even if remunerated).
Interviews with family members are limited, and on a special personal record note of behavior in prison, personal and family background and even cases of insanity, alcoholism, syphilis, suicide or prostitution among relatives, as well as of the their political ideas.

Maintenance of family ties

Prisoners can be visited by relatives or friends in parlors. It is sometimes difficult for relatives or friends to obtain a "visiting permit" (from the head of the penal institution or the investigating judge). Waiting times can be several months. Operations are carried out in order to favor the maintenance of the family ties of prisoners, considered as being one of the best guarantors of reintegration: reception and accommodation of children under 18 months of age with their imprisoned mothers, improvement of the parlors and development of play areas for children, shelter and waiting room for the reception of families.

Penitentiary institutions

Penitentiary institutions for adults are divided into four categories:

• 156 Preventive Custody Institutes: Preventive Custody Institutes are for prisoners awaiting trial and are distinct in District and Subdistrict Institutes. The former are for the detention of the defendants at the disposal of any judicial authority, the second for those available to the praetor. Both are intended for custody of arrestees or arrestees and inmates in transit, but also for prisoners with definitive short sentences (up to three years).
• 42 Detention Houses: Detention Houses are for imprisonment of those who are sentenced to arrest and/or reclusion; they are often part of the same prison facility together with a District Institute.
• 14 Institutes for the implementation of security measures: Institutes for the implementation of security measures are divided into agricultural colonies, labour houses, penitentiary hospitals, penitentiary psychiatric hospitals.
• 10 Observation centers: Observation Centers are autonomous institutes or sections of other institutes where the detainees' personalities are subjected to scientific observation activities and may be used to carry out medical-legal investigations against defendants.

Organization of a prison

The Penitentiary Director (Italian: Direttore Penitenziario), who is a seniof official of the Grace and Justice Ministry, is in charge of the coordination of all services within his assigned Prison. The Director is the official called to manage the Institute as a whole. The Deputy Penitentiary Director coordinates administrative and strictly legal functions, managing Penitentiary Officials and Clerks. Despite the relevant role of the Commander of the relevant Penitentiary Police Unit, the definitive measures are issued only by the Director, and all the others, despite their autonomy, are executors.
The Penitentiary Director is the coordinator and initiatior of the prison's life. The Penitentiary Director has a variety of tasks: he ensures the maintenance of the prison building, supervises the educational relationship of the detainees, he is responsible for hygiene and health conditions of prisoners, he must intervene in the disciplinary sector towards detainees (chairing the Discipline Council of Detainees), he has responsibility for spending, supervises the definition of the food and health treatment of detainees, he issues the internal regulations and supervises the educational activities of the detainees.
The Penitentiary Director, moreover, hase some responsabilities related also to the Corps of Penitentiary Police. The Director mus intervene in disciplinary matters against civilian personnel, hierarchically subordinate to him, and is a member of the Local Discipline Commission for Agents of Penitentiary Police. The Director is the figure who is in charge of requesting the intervention of other security agencies in case of disturbances that the Penitentiary Police cannot manage (while the intervention of reinforcements of the Penitentiary Police is responsibility of the Commander), and is responsible for handling administrative affairs, including those pertaining to the Penitentiary Police Unit.

The Penitentiary Police Unit, which groups all Penitentiary Police personnel within a single Prison, is in charge of application of penitentiary measures. Therefore the Commander of the Penitentiary Police Unit directs all activities aimed to the detainees. The technical personnel of the Ministry of Grace and Justice is in charge of implementing accessory activities in order to allow an education of the detainees.

Directorate General of Preventive and Penitentiary Institutions

The Directorate General of Preventive and Penitentiary Institutions (Italian: Direzione Generale degli Istituti di Prevenzione e Pena, Di.G.II.Pre.P., often shortened in DiGIP) is the administrative structure of the Ministry of Grace and Justice, which manages the personnel and the property of the prison administration, which carries out the tasks related to the enforcement of precautionary measures, penalties and security measures Detention centers and treats detainees and interns. The Directorate General is centrally divided into a Secretariat, six Divisions and a Central Inspectorate, while its peripheral subdivisions are the prisons and five Interregional Directorates:

• Division I - Civilian Personnel and Resources;
• Division II - Custody personnel;
• Division III - Detention Facilities;
• Division IV - Adult detained and convicted persons and Treatment;
• Division VI - Juvenile detention;
• Division VI - Training
• Central Inspectorate.

Alongside the civilian subdivisions, the Directorate General also operates the Corps of Penitentiary Police.

Secretariat

The Secretariat is the facility that deals with the general support for prison activities. It is divided into ten Offices.

• Office I - General programming and Personal Secretariat;
• Office II - Personnel and logistics facilities of headquarters;
• Office III - Management of the Single Protocol and Statistical Activity;
• Office IV - Legal advice for the activities of the General Directorate;
• Office V - Collection of legal information;
• Office VI - Financial programming and management control;
• Office VII - Preparation of the budget;
• Office VIII - Peripheral Budget;
• Office IX - Monitoring and Performance Verification;
• Office X - International and Empire relations.

Division I - Civilian Personnel and Material Resources

Division I - Civilian Personnel and Material Resources (Divisione I - Personale civile e Risorse materiali) deals with the recruitment and management of civilian personnel (only those related to the penitentiary services, the rest being dealt with by the relevant Directorate General of the Ministry), serious disciplinary measures and movable property and services. The Division is subdivided into 7 Offices:

• Office I - General Affairs;
• Office II - Executive, Technical and Temporary personnel;
• Office III - Economic and Social Security;
• Office IV - Competitions;
• Office V - Mobile and instrumental asset management, clothing distribution service;
• Office VI - Contracts;
• Office VII - Transfers and Surveillance.

Division II - Custody personnel

Division II - Custody personnel (Divisione II - Personale di custodia) deals with matters relating to the personnel of the Penitentiary Police Corps, including recruitment, armaments, clothing and access competitions. The Divisional Head is the Deputy Chief of the Penitentiary Police Corps. The Division is subdivided into 5 Offices:

• Office I - General Affairs;
• Office II - Service Relationship;
• Office III - Competitions;
• Office IV - Armament and clothing distribution service;
• Office V - Economic and Social Security.

Division III - Detention Facilities

Division III - Detention Facilities (Divisione III - Strutture di Detenzione) deals with the operation and maintenance of all detention facilities and their buildings in Italy, as well as with the coordination of Local Offices of External Custody (framed within the Interregional Directorates). The Division is subdivided into 5 Offices:

• Office I - General Affairs;
• Office II - Local Offices of External Custody;
• Office III - Health Services;
• Office IV - General Maintenance;
• Office V - Repairs.

Division IV - Detained and convicted persons and Treatment

Division IV - Detained and convicted persons and Treatment (Divisione IV - Detenuti e condannati e Trattamento) manages the assignment and transfer of detainees and prisoners outside the prison, the administration of detainees under special regimes, health care and intramural treatment activities. The Division also has competence in the process of managing "collaborators of justice" as it must be informed together with the competent Prosecutor of this intention, and then take steps to protect the personal safety of the collaborator.

• Office I - General Affairs;
• Office II - Penal Treatment and Penal labour;
• Office III - Health Services;
• Office IV - Medium security detainees;
• Office V - High security detainees;
• Office VI - Central Laboratory DNA Database.

Division V - Juvenile Detention

Division V - Juvenile Detention (Divisione V - Detenzione Minorile) deals with reformatories and external execution for minor persons. As a general rule, proper detention is avoided as far as possible. The Division is subdivided into six Offices:

• Office I - General Affairs
• Office II - Personnel: carries out the recruitment and management of social services personnel for external prosecution;
• Office III - Prevention: Promotes deviance prevention interventions;
• Office IV - Repations;
• Office V - Execution: carries out the execution of the juvenile judge's actions in an external criminal field and in an internal criminal area;
• Office VI - Coordination: coordinates the juvenile structures on the territory and reformatories.

Division VI - Training

Division VI - Training (Divisione V - Formazione) ensures the uniformity of custody training processes for prisoners' internal and external treatment. The Division is divided into 4 offices and training schools:

• Office I - General Affairs;
• Office II - Training of personnel in the Internal Criminal Custody;
• Office III - Training of personnel for External Criminal Custody;
• Office IV - Training of personnel for Juvenile Criminal Custody;
• Office IV - Training of personnel of the Corps of the Penitentiary Police.

Training Schools are located in Catania, San Pietro in Clarenza, Cairo Montenotte, Portici, Rome, Verbania, Parma, Sulmona, Castiglione delle Stiviere and Messina. Such training schools are operated by the Penitentiary Police Corps, with the cooperation of technical teachers and within the guidelines issued by the Divisional Head and the overall governance of the relevant Interregional Directorate.

Interregional Directorates

The five Interregional Directorates are the peripheral organs of the Directorate General of Preventive and Penitentiary Institutions. They are responsible for personnel, organization of services and institutes, detainees and interns, relations with local authorities and national health services; the Interregional Directions perform these functions at the local level in accordance with the orders issued by the Director-General, also in order to ensure the uniformity of the penitentiary action on national territory.

See also

• Judicial system of the Kingdom of Italy
• Corps of Penitentiary Police (Kingdom of Italy)