Transcript the presentation

The Spanish Prison System
Laura Negredo
Research & Evaluation Center
John Jay College of Criminal Justice
March 8, 2014
Beyond the Bars, 4th Annual Conference
Columbia University School of Social Work
The Spanish Prison System
• General information
• Prison population
• Types of custody,
facilities and staff
• Prison work and
education
• Treatment programs
• Penitentiary benefits
• Prison discipline
• Judicial oversight
General Information
18 and over- Adult Correctional System
14 to 17- Juvenile Justice System
13 and under- not criminally responsible
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Adult
Correctional
System
National
Department of
Corrections
Catalan
Department of
Corrections
Dictatorship (1939-1975)
1978-Spanish Constitution and first democratic government
1979-General Penitentiary Law
“The imprisonment and security measures shall be aimed at re-education
and social rehabilitation and may not involve hard labor. The person serving
a prison sentence shall enjoy fundamental rights except those expressly
restricted by the content of the sentence, the sense of punishment and the
Penitentiary Law. In any event, he will be entitled to a paid job and Social
Security benefits and access to culture and the integral development of his
personality”
Spanish Constitution (Art 25.2 )
Prison Population
Prison Population (2000-2013)
80000
Low level of education and
professional qualification
76079
70000
60000
Profile
66765
50000
40000
30000
75-80% Drug use before
imprisonment (PND, 2006;
2011)
4.2% Psychotic disorder
7.8% Major depressive
disorder (PRECA, 2011)
20000
10000
0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Data Source: Spanish Department of Corrections
31.6% foreigners (SGIP,
2013)
7.7% women (SGIP, 2013)
Spain’s prison population rate is 147, high compared
to other European countries, e.g. France (98), Italy
(106) (ICPS, 2013)
Property crimes (men) and
Drug trafficking (women)
(SGIP, 2013)
Types of Custody
Ordinary
(81.5%)
- Second degree
- General activities
- Up to 36 days of leave
per year
Open (16.3%)
- Third degree
- Daytime-work/study
outside
- Up to 48 days of leave
per year + weekends
Closed (2.2%)
- First degree
- High risk or
maladjustment
- 20 hours per day in
the cell
Data Source: Spanish
Department of Corrections
(Jan, 2014)
Types of Correctional Facilities
 Ordinary Correctional
Facilities
 Social Integration Facilities
 Dependent Units
 Mothers Units
 Family Unit
 Prison Psychiatric Hospitals
Prison Staff
Jurists, Psychologists, Sociologists, Educators, Social
workers, Health personnel, Security personnel
Prison Work and Education
•
Vocational training
•
Around 40% of the prison
population work in
production workshops
•
Formal education
Prison workshops
Metalwork
Woodwork
Industrial clothing
Laundry
Bakery
Waste recycling
Renewable energy
Educational Levels (2012-2013)
Elementary education
Secondary education
University education
Other teaching
Total students
12,043 students
4,452 students
1,239 students
1,112 students
18,846 students
Treatment Programs
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Domestic violence
Sex offenders
Drug-dependency
Foreign prison
population
• Suicide prevention
• People with physical,
sensory or intellectual
disability
• Young prisoners
• Conflict resolution
• Comprehensive
care for the
mentally ill
• Women
• Respect Units
• Reentry Programs
What works?
Recidivism without
treatment
Recidivism after treatment
Sex offenders (Cataluña, 2006)
18.2%
4.1%
Domestic Violence offenders
(SGIP, 2013)
20-30%
4.6%
Penitentiary Benefits
• Ordinary leaves:
– Second Degree or Third
Degree+ ¼ sentence
completed + good behavior
• Extraordinary leaves
• Parole:
– Ordinary: Third Degree + ¾
sentence completed+ good
behavior
– Extraordinary: Third Degree
+ 2/3 sentence completed+
good behavior
– Humanitarian: for seriously
ill and 70+
In 2013, 115,760 ordinary and extraordinary leaves
were granted. More than 27,000 inmates benefited
from them
Prison Discipline
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Reprimands
Suppression of recreational acts
Limitations of communications
Suppression of leaves up to 2 months
Solitary confinement
Solitary Confinement
-
Maximum 14 days
Violent behavior or alteration of daily life
Cells-same characteristics as any other cell in the facility
Daily medical follow-up
No for pregnant women, women who gave birth 6 months before,
or nursing mothers with children
Judicial Oversight: Penitentiary
Surveillance Courts
• Goal: Protection of inmates’ rights
• Competent for:
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Control of the execution of the sentence
Approval of proposals of parole and revocations
Approval of proposals to shorten the sentence
Approval of solitary confinement over 14 days
(exceptional cases)
Resolution of inmates’ complaints on initial
classification, progression or regression of level
Resolution of inmates’ complaints on the use of
disciplinary sanctions
Resolution of inmates’ complaints on
fundamental rights or penitentiary benefits
Approval of leaves superior to 2 days, except for
prisoners classified as third degree
Periodic visits to the correctional facilities
More than 50
Penitentiary
Surveillance Judges
oversee the Prison
Administration
throughout the country
Highlights
• Achievements:
– Motivated and well-trained staff
– Rehabilitative emphasis
– Judicial control
• Need for:
– More reentry programs
– More research
– More inmates should be on open
regime and parole