Transcript Presentazione di PowerPoint

Legal Issues: Drug Related Crimes
and Alternative Sentencing
CND 2015
Drug Policy and Human Rights:
human rights legislation and how
these relate to International and
local drug policies.
Wednesday, 11 March – 2.20 – 3.10 pm
Legal issues, an overview
• Drug addiction in Italy is not a crime in itself, drug
consumption is considered an administrative
offence since drugs are illegal, drug dealing is a
crime.
• Residents in the community might face trials for the
crime/s committed under drug consumption.
• Importance of the legal
assistance and counselling.
office
in
providing
Preliminary data on drug related crimes in
Italy*
• 35% drug trafficking and dealing.
• 35% stealing and robbery.
•
The remaining 30% percentage are different kind of
violent crimes such as physical and or sexual
aggression and arrestment.
*Source: Report to the Italian Parliament on Drugs 2014
Legal framework for the alternative
sentencing in Italy
• Background: prison is not the adequate place for
drug addicts.
• Drug addicts and alcoholics have the option to seek
treatment and exit prison on probation with the
purpose of solving their addiction problem.
The Italian Experience
Therapeutic probation is a viable option for:
• Offenders who are not yet condemned
• Offenders in house arrests.
• Offenders in prison.
Limitations:
• No more than 6 remaining years to serve in prison
• Therapeutic probation could be provided for a
maximum of 2 times in a lifetime.
Alternative sentencing in practice
•
A joint effort of the social, health services and treatment
centers or communities is requested to produce evidence
of the addiction, and support the judge in allowing the
probation upon request and consensus of the addict.
•
The subject entitled to this provision should not have
more than 6 remaining years of convictions ahead of him,
at the moment of submitting the request to the Judge.
•
The time they spend on probation, fully substitutes the
period of detention.
Actors - stakeholders who are in charge of the
procedure
• SerT (Servizi per le Tossicodipendenze)- Public Services
on Addictions.
• UEPE – Uffici per l’Esecuzione Esterna - Public Office
monitoring the execution of the penal sentence outside
prison settings.
• Tribunale di Sorveglianza - Probation Court
• Comunità terapeutica - Therapeutic Community
Brief summary of the legislation
In home detention (Art 47 Ter L. 354/75). Meant for continuing care,
family assistance, professional training, before the final sentencing is
made. It applies to a sentence of less than 4 years, for:
• Pregnant women
• Mother with children under the age of 10,
• Father with children under the age of 10, when the mother
passed away or there is no other relative able to take care of the
kids.
• Poor health conditions which require constant medical control and
hospital care
• Person above the age of 60, if declared disable, or partially
disable.
• Person under the age of 21, whenever health, work, education or
family needs have been proven.
Brief summary of the legislation
Probation placements (Art 94 DPR 309/90).
• It applies for offences who have no more than 6
remaining years of sentence ahead of them.
• Once the pre-requisites are met, the person could be
referred to a residential rehabilitation community.
• This alternative detention option could be given only twice
in a lifetime.
Italian data on alternative sentencing*
Gender, age and nationality perspectives:
• 93% are male.
• 37,8 average age, the range 35-44 is the main age.
• 7% are foreigners.
Types of offences: of whose on alternative sentencing
• 35,6% violations of the national law on drugs ( DPR
309/90).
• 26,9% crimes related to properties: 12,6% robbery, 12,1%
robbery and smuggling of stolen goods.
• 3,8% crimes against physical persons: violent behaviors
and abuses.
*Source: Report to the Italian Parliament on Drugs 2014
The role of the legal office in San
Patrignano
• councils and assists its resident offenders during
their trials;
• councils and assist them also after the sentence to
secure they receive proper advice;
• liaises with offenders in prison who want to enter in
the community undertaking a recovery program
instead of staying in detention.
The role of the legal office
Since 1980 San Patrignano took care of 3800 people in conflict with
law, substituting more than 3600 years of jail and converting them in
rehabilitation programs.
In the last year ( 2014 data), San Patrignano followed 458 court
trials and took care of:
48 residents in house arrest. (12,283 days)
108 people on probation. (24,751 days)
14 residents in house detention. (2,096 days)
1 resident according to Art 22. (51 days)
All in all in 2014 substituted 107 years of prison thanks to its
work and save 7,8 million euro for the Italian state.
Probation for minors
Special probation for minors fostering their
rehabilitation and social reinsertion: not just the
conversion of the sentence but the criminal records will
be erased upon successful completion of the program
and at the end of the sentencing time.
Around 30 minors are guests of the community:
special setting and environment have been developed
to respond to their needs.
True life stories from the
STREAM project
Strategic Targeting Recidivism through Evaluation and Monitoring
I was entering and exiting from prison regularly. My parents spent a lot of
money in expensive detox clinics. I just went there for a while to relax and then
back to my addiction and to the criminal life. I was dead inside. I got married
and then I got the baby. I was well for a short time, but I felt back soon. I have
a daughter. I have always lied to her. We spoke on the phone sometimes, but I
refuse to see her, I did not want her to see me like I was. I told her I was busy,
always working, in the reality I was in prison and ashamed. One day I got a
phone call from my mum, she said my daughter want to see me. I got scared, I
did not want her to see me like I that, so I started decreasing all the substances
I was taking, so that at least I could met her as a sober person. So I decided to
enter in the community. I had a little hope to become a better person. That was
my initial motivation to enter in San Patrignano. But now I am doing that for
myself, because I do want another life.
True life stories from the
STREAM project
Strategic Targeting Recidivism through Evaluation and Monitoring
I was 20 when I ended up in Jail. I came to San Patrignano as alternative,
because I did not want to stay in prison. I realized I was 20 and I have never
achieved anything in my life, nothing I could be proud of.
When I finished the sentencing period I was considering leaving the community
before the end of the program. But I realized I was making a lot of progress, I
was building a better future for myself.
****************
In San Patrignano I understood that it is important to become a man
sooner or later, you cannot just escape from life, you have to face it.
********************
Prison gives you a unique chance to break the circle of your life and
provide you with a time for thinking. That might give you a second
chance.
True life stories from the
STREAM project
Strategic Targeting Recidivism through Evaluation and Monitoring
Happiness is……
Here in San Patrignano I found something I never experienced before: I started
opening up, having a real dialogue with people, I discover friendship. I learnt
to face my problems, not to leave them behind, because they grow up
like debts if you do not solve them. Happiness is not a complex and far
away abstract thing. Happiness is made up by small things. Going to bed
at night and knowing that you have done your best. Stop craving for
something outside yourself and looking for something you might not
even want, and that for sure it will not satisfy you. Happiness is not
having a Ferrari. Two hours after you bought it, you might want
something else.
Thank you
•Monica Barzanti [email protected]