France
Capital city — Paris
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Mail exchanged is subject to control
Permitting the exchange of correspondence is the responsibility of the postal clerk, the agent authorised to process it. The mail of an accused person, upon sending or receiving, is read by the investigating judge. The institution may withhold mail in the event of a breach of security. There is little data to indicate how often this occurs.
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A prisoner at Alençon-Condé-sur-Sarthe contacted the Caen administrative court concerning the decision by the facility’s management to withhold mail addressed to him by the International Prison Observatory, French division in February 2021. On 14 November 2022, the court reversed management’s decision, noting that, although mail may be opened and read, the prison service’s right to confiscate mail is strictly limited and must be properly justified.
Prisoners can buy food products
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The prices of certain products skyrocketed in the prisons of the Auvergne-Rhône-Alpes region following a change in the private contractor in charge of the commissaries. The price of coffee, for example, increased by 255%.
Drinking water is free and available in all areas of the facilities
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Prisoners in the semi-custodial unit in Rennes reported on 11 December 2022 that water had been shut off in their buildings for over a month. “We no longer have access to running water: no more showers, or toilets, and no way to do the washing-up,” they stated. The authorities claimed the water problem was due to bacteria infesting the pipes. Water consumption and showers were forbidden as precautionary measures, explained Ouest-France. These measures also apply to the women’s remand centre and the unit for handling radicalised prisoners.
Prisoners are accommodated in single cells
in most establishments
Individual confinement is the norm in prisons, with the exception of those overseas. However, it is not the norm in jails, which house the majority of the incarcerated population. The law has provided for the right to individual confinement since 1875, with this right being reaffirmed in 2000. Moratoriums have followed, with the expectation that the number of places available will be sufficient for the number of inmates to be housed. There may be three people placed in a single cell, and four in a double cell. Judges, parliamentarians and prison administrators still tolerate the placement of several people in one cell. New facilities, which are supposed to guarantee individual confinement, do not do so.
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On 27 October 2022, the National Assembly approved an amendment to defer the implementation of an individual cell policy by an additional five years. This moratorium was set to end on 31 December 2022 but could now be extended until 31 December 2027.
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A report by a parliamentary commission of inquiry stated that only 43% of the prison population was given single-cell accommodation. Caroline Abadie, member of the National Assembly and LREM (La République En Marche!) politician, suggested moving away from this 1875 legislation, underlining that “the problem isn’t that there are two prisoners in one cell, but that two prisoners share a cell that’s meant for one.” She believed priority should be placed on respecting prisoners’ dignity, not individual cells. Quoting former Senate member Jean-René Lecerf, the International Prison Observatory pointed out that “providing single-cell accommodation could prevent a number of abuses” and that maintaining dignity meant upholding this principle.
Suicide prevention policies are implemented
yes
Prevention policies have been tried but have failed to reduce the numbers in a significant way.
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In November 2022, the State was sentenced to pay 100,000 euros to the family of a prisoner who died by suicide at the remand centre in Caen. The administrative court ruled that the prison service had not taken measures that “could reasonably be expected” to prevent the suicide of this prisoner, who suffered from serious mental illness.
The NPM recommendations are effectively implemented
in some cases
It appears that local recommendations addressed to the prison governors are frequently taken into account. Some of the more general recommendations remain without effect, such as the one to carry out medical examinations without the presence of staff, out of respect for medical confidentiality and the dignity of the person, or the one not to use restraints during these examinations. A return to systematic searches was reported, disregarding the directives.
The Controller-General for Places of Deprivation of Liberty (Contrôleure générale des lieux de privation de liberté) published in the Official Journal, on 13 July 2021, urgent recommendations for the Toulouse-Seysses establishment (Haute-Garonne). These recommendations were not followed up. On 4 October 2021, the administrative court of Toulouse enjoined the Minister of Health, the Minister of Justice and the Prefect of the Haute-Garonne to carry out eleven urgent measures to improve detention conditions.
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On 2 December 2022, the Cergy-Pontoise administrative court ruled that the prison conditions at the Nanterre remand centre seriously disregarded the fundamental rights of prisoners. It ordered the administration to implement urgent measures to improve the situation.
“In 2016, following her visit to the remand centre, the Controller-General responsible for places of deprivation of liberty criticised the significant overpopulation of the facility, the ‘severely degraded’ physical conditions of detention, and staff shortages, as well as a particularly troubling atmosphere of violence,” noted the French division of the International Prison Observatory.
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The OIP-SF and the Toulouse bar association (*Ordre des avocats) applied to the urgent applications judge in July 2022 to denounce the conditions at the Seysses prison. The ruling dated 2 August 2022 by the urgent applications judge of the Toulouse administrative court instructed the prison service to improve conditions. It demanded repairs of sanitary facilities, the bi-monthly distribution of cockroach traps, and the implementation of a protocol for managing medical emergencies. These measures are part of those outlined in a previous ruling dated 4 October 2021. One OIP-SF lawyer wishes the judge had set conditions relating to progress on renovations.
The country has been condemned by an international court for its prison overcrowding
yes
The European Court of Human Rights condemned France 17 times due to the conditions of detention, which violated Article 3 of the European Convention for the Prevention of Torture, which prohibits torture and inhuman or degrading treatment.
On 30 January 2020, in a judgement considered ‘historic’ by observers, the European Court of Human Rights ruled against France once more. The Court decided that Article 3 had been violated (prohibition of inhuman or degrading treatment) due to poor conditions of detention. The Court ordered that the French authorities “must put an end to overcrowding in prisons and to degrading conditions of detention” (See press release). It noted that there is a “structural problem” and made recommendations on how to remedy it.
Between 2015 and 2018, a number of appeals were made by 32 prisoners held in the following prisons: Baie-Mahault (Guadeloupe), Ducos (Martinique), Fresnes, Nice, Nîmes, and Fa’aa Nuutania (French Polynesia). The European Court made a joint judgement “to broaden the scope” and ordered France to compensate the plaintiffs for damage suffered. The penalty is in excess of €500,000.
A new law “meant to guarantee respect and dignity while in prison”, was promulgated on 8 April 2021 as a response to the European Court of Human Rights’ (ECHR) condemnation of France in January 2020. It introduced the right of recourse to a judge for anyone in prison, whether convicted or on remand, in order to put an end to undignified prison conditions. If it is a well-founded request, the judge can then order prison authorities to resolve the situation within one month, by any means possible, including a change of facilities. The Minister of Justice, Éric Dupond-Moretti, applauded the “clear, readable and effective provisions” which “respond to the need for humanity and dignity which must accompany all deprivation of liberty measures”. The law is not expected to be a tool for regulating the prison population. Some say it does not go far enough and emphasise the “structural” overcrowding as pointed out by the ECHR. One member of the Union des démocrates et indépendants (UDi) party criticised the bill as relying basically on transfers: “How is going from one overcrowded prison to another overcrowded prison an improvement?”
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Three years after France’s condemnation by the European Court of Human Rights in 2020, the Committee of Ministers of the Council of Europe was alarmed by how the prison situation has changed, in particular the historic record of 72,809 people incarcerated. The government has now been called on to take action in line with European recommendations and report the measures it plans to have taken by December 2023.
Overcrowding is an issue for specific types of prison facilities
yes
Overcrowding is mainly concentrated in institutions where untried prisoners and people condemned to short sentences are held. In theory, these two populations are separated. This overpopulation also affects overseas facilities.
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The Laval remand centre is the most overpopulated in north-western France. According to official figures published on the Ministry of Justice’s website, the facility has a capacity of 56 but currently holds 106 prisoners, i.e. an occupancy rate of over 189%.
Prison density
114 %
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Fifty-seven French prisons currently have occupancy rates above 150%, and three have occupancy rates exceeding 200%: 220% in Carcassonne, 215% in Nimes and nearly 208% in Bordeaux-Gradignan.
Variation in the number of prisoners
increase
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On 1 December 2022, 72,836 people were incarcerated in France despite an official capacity of 60,698. This is a record high.
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For the first time ever, the number of prisoners has exceeded 72,000. As of 1 July 2022, 72,067 people were imprisoned, according to statistics published by the Ministry of Justice.
The prison service offers activities to prisoners
yes
Prisoners can take part in a number of activities that vary from one facility to another. Since 2009, prisoners have been obliged to participate in at least one. Access to an outside walking area is a right (usually 1.5 hours a day), although it is supervised.
There are a number of activities available but not enough to meet demand. In general, each activity can accommodate up to ten people. The prison administration estimates that, on average and for all activities combined (excluding walks), there is an average of one and a half hours of activity per day per prisoner. The criteria for registration are not transparent and subject to authorisation by the administration. Practical constraints (lack of rooms, limited budgets, poor dissemination of information) sometimes prevent activities from taking place.
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A charitable competition inspired by the game shows Koh-Lanta and Survivor was organised at the Fresnes facility on 27 July. The event was covered by journalists. Several weeks later, a video of the event was shared in which several prisoners can be seen go-kart racing. The video created significant controversy concerning activities offered to prisoners to support them in their reintegration. Several politicians made statements. Comments from the Ministry of Justice regarding the authorisation of this event sparked heated debates. The Minister claimed that he was not aware that go-karting would be on the agenda. The participation of two prisoners convicted of criminal offences also provoked intense discussions.
The general secretary of the Syndicat national pénitentiaire Force ouvrière (National penitentiary union Force Ouvrière, SNF-PO, the majority union for directors of penitentiary services) explained that the images must be put into context.
The Union fédérale autonome pénitentiaire (Independent Federal Penitentiary Union, UFAP, union for the prison service) strongly criticised this activity, calling it inappropriate.
The Controller-General responsible for places of deprivation of liberty called this debate “pathetic”. She stated that these activities are welcome, as they decrease tensions between guards and prisoners and help with reintegration. She suggested that inhuman detention conditions should be subject to such debate. The president of the OIP-SF also stated that detention conditions should draw more attention than the organisation of this event.
The duration for placement in solitary confinement is limited
yes
In theory, the time spent in an emergency protection cell (CproU) cannot exceed 24 hours. However, it is not uncommon for a prisoner placed in a CproU on a Friday night to spend the weekend there.
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A prisoner was held in isolation for 32 months. He claimed that he was subject to inhuman and degrading treatment and feels that his right to privacy was violated, stating that the reasons for his isolation were not sufficiently justified. The European Court of Human Rights questioned France over these events.
Professionals who enter the prison are searched using the following methods
electronic devices
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A guard at the Varenne-le-Grand detention centre forced a lawyer to remove her bra and place it in a locker before being allowed to see her client. At least three other lawyers reported identical experiences in July and August 2021. In August 2020, the director of the prison service called requests to disrobe a breach of the officer’s ethical duties, stating that the officer in question should be corrected or even reprimanded.
The cells/dormitories are equipped with heating and/or air conditioning
yes
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The heatwave that hit France during the summer significantly impacted prisons. Prison authorities asked guards to be particularly careful with the weakest, most vulnerable prisoners. At the prison facility of Poitiers-Vivonne, one measure taken as a result of this request was to wake these people every two hours. The guards made the rounds in the disciplinary unit then in regular detention, switching on the lights in the cells and asking prisoners to move around. This treatment is considered inhuman and degrading by the European Court of Human Rights and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).
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A wave of extreme heat hit France in July. Some prisoners at the Baumettes prison broke the “noise-cancelling” windows to off-set the high temperatures inside the cells and create some air flow: These actions earned them disciplinary sanctions.
If so, the prison service must notify a judicial authority
The prison service must notify a judicial authority for
for some deaths
All deaths must be immediately brought to the attention of the prefect, the prosecutor and the Minister of Justice by the establishment director. A criminal investigator is required to visit the premises. All deaths in detention are the subject of an investigation into the causes of death, and an autopsy is systematically required. This investigation is typically very succinct.
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The General Inspectorate of Justice published a report on the assault of Yvan Colonna, who died at the Arles high-security prison on 2 March 2022. The fact-finding mission identified various key factors that contributed to the events, including the failure to manage the prisoner that attacked Mr Colonna despite his “troubled and challenging” personality and the inadequate surveillance by the officer in charge of the unit where the events occurred.
Number of deaths attributed to suicide
122
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Around 250 deaths were recorded in prisons in 2021, half of which were suicides. On June 8, the collective Les Mort.e.s de la prison (People who Died in Prison) held a tribute to those who have died while in detention. This was the fourteenth year of this annual tribute.
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A 34-year-old prisoner at the Nancy-Maxéville remand centre was found hanged in his cell on 24 May. A guard unsuccessfully attempted to revive him. An inquiry has been opened.
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A suicide was reported at the Metz-Queuleu prison. The Force Ouvrière union explained that it was difficult to prevent such acts because “prisoners often wait until the guards have finished their rounds to attempt suicide.”
Number of deaths in custody
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A 19-year-old prisoner died at the Nanterre remand centre on 18 August 2022 under unclear circumstances. A judicial inquiry for negligent manslaughter was opened following the death. The prisoner seemed to have required urgent psychiatric hospitalisation but did not receive medical care due to insufficient resources.
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The Gradignan remand prison reported the third death in a month. After distributing meals, one of the guards noticed smoke coming from one of the cells. A 37-year-old prisoner suffered from respiratory distress, while a 20-year-old burned to death. This tragedy was another event in a series of deaths and suicides at this overcrowded prison.
Variation in the number of people serving non-custodial sentences
increase
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Courts are imposing fewer and fewer community service sentences. Only 5,700 sentences were handed down during the first quarter of 2022, i.e. 30% fewer than in the first quarter of 2019, according to statistics from the Ministry of Justice. This is despite the 2019 justice reform, which provided for 4,000 additional community service sentences per year.
Every prison facility has a health care unit
Access to healthcare is assured in detention by a level 1 medical unit, an internal structure of the affiliate hospital, located in each institution. Services within the scope of general medicine and which do not require hospitalisation are provided there. The availability of medical equipment varies greatly between institutions and include a lack of X-ray or ophthalmology equipment or poor condition of sterilisation supplies. These units are often cramped and barely functional.
Access to medical units is uneven across facilities. On the whole, access to general medical care is satisfactory, although subject to the constraints of the institutions (activities on the same schedule, ongoing disciplinary procedures, etc.). There are serious shortcomings in specialised care, particularly ophthalmological and dental care, and care for chronic conditions. There are not enough specialist doctors. In certain situations, particularly in the disciplinary unit or in the event of medical extraction, the consultation conditions can be problematic. In particular, there is a lack of respect for medical confidentiality and the quality of care.
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The Limoges remand centre could give regular medical follow-ups thanks to a healthcare unit available year-round. This unit would treat disorders that prisoners present upon arrival and those that emerge during incarceration. Almost all prisoners would have addiction problems requiring replacement therapy. Many specialists from the teaching hospital would work at the remand centre including general practitioners, ophthalmologists, gynaecologists, physiotherapists and gastroenterologists. Limoges prisoners could access to a great deal of care at the institution or outside it, if necessary. All services were able to treat disorders related to imprisonment conditions. The healthcare unit registered an average of 45 visits per day, which means about one third of the prison population was seeking treatment.
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Attention deficit disorder and attention deficit hyperactivity disorder have been highly misunderstood neurodevelopmental disorders. A 2015 Cambridge University study based on diagnostic clinical interviews found that one in four prisoners suffered from this type of disorder. This is ten times higher than the general adult population. The study authors recommend prisoner-specific “multimodal treatment,” which would involve psychoeducation groups, and short behavioural and cognitive therapies to teach them how to better manage the intensity of their emotions. Jérôme Bachellier, a psychiatrist in the prison healthcare unit (unité sanitaire en milieu pénitentiaire, USMP) explained that “the prison lacks trained staff who can recognise the disorder.” The medical staff could use training, but “it always comes down to the question of human capacity and time.”
Foreign prisoners can be assisted by an interpreter
in some cases
The use of an interpreter, theoretically guaranteed for the duration of the proceedings, including disciplinary proceedings, is insufficient and sometimes non-existent.
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In May 2022, the Controller-General of the places of deprivation of liberty (Contrôleure général des lieux de privation de liberté, CGLPL) published a notice in the French government gazette about interpretation services for persons deprived of liberty and how they were understood. The notice talked about “inadequate” translations in prison, which were “done on the fly by agents or other persons deprived of liberty.” The CGLPL noted that this method was helpful in emergency situations, however, “it [could not] guarantee that the interpretation [was] accurate or that the affected person remain[ed] safe.”
There is a reception area for arriving prisoners
in most establishments
Inmates are placed in new arrivals units or cells. The observation period may extend no longer than three weeks. Inmates are then placed in regular detention.
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The Controller-General of the places of deprivation of liberty (Contrôleure général des lieux de privation de liberté, CGLPL) published its first thematic report on new prison arrivals. There were several findings:
Findings
The information given to new arrivals on their rights was often incomplete, inaccurate and delivered too quickly. The CGLPL pointed out that, while many documents were provided during on-site interviews, the information provided by staff was inconsistent and sometimes inadequate.
The documents given to new arrivals were “not well-translated.“ The CGLPL warned that such deficiencies might ultimately endanger the safety and health of new prisoners.
Interpreter use would not be systematic, which did not comply with the regulations for places of deprivation of liberty. The CGLPL underlined that this non-compliance might lead to rights violations and put new prisoners in situations that would pose a risk to their safety and health.
Safety
The CGLPL denounced the systematic practice of strip searches for new arrivals and pointed outs that these prisoners would have already been searched and be under constant surveillance. At this point, conducting another strip search would not not be justified and did not comply with regulations in effect.
Material conditions of imprisonment
New prisoners who did not have a shower in their cell were rarely able to take a shower after arriving at the institution.
Daily life
The Controller-General of the places of deprivation of liberty (Contrôleure général des lieux de privation de liberté, CGLPL) was disappointed that new arrival units did not offer any activities, stating that the purpose of these units was to reduce “prison shock” and help new arrivals prepare for life in prison. A lack of activities did not help them “prepare for the ‘intense communal reality’ of an ordinary prison regime.”
Number of medical staff (FTE)
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The already stretched nursing staff at the Nîmes remand centre could see their numbers decrease. Although the institution had 400 prisoners, the regional health agency (*Agence régionale de santé, ARS) would consider its official capacity (192 places) before allocating resources and, thus, provide funding for four positions. Nîmes Hospital provided funding for three additional positions, but had to back out due to financial difficulties. The team was weary: “We won’t be able to manage excess work. It’ll lead to psychological exhaustion. Under-staffing not only jeopardises the quality of care provided, but also healthcare safety for prisoners who already face major health and social challenges.” Reducing staff could lead to interruptions in addiction studies follow-up, suicide prevention or even health education workshops.
Prisoners are allowed to receive visits from their children or minor relatives
yes, with special requirements provided
Amenities for children are sometimes provided, such as kids’ corners or games areas. A few institutions provide visiting rooms that are slightly more spacious for inmates with visiting children. Family Visiting Units (Unités de vie familiale, UVF) or family parlours also allow inmates to maintain family bonds.
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The national union of regional federations of associations of family reception homes (Union nationale des Fédérations Régionales des Associations de Maisons d’accueil des familles et proches de personnes incarcérées, UFRAMA) observed “broken or weakened relationships between adolescents and their incarcerated parents.” The organization created a website for these prisoners to provide them with general information on administrative procedures and give them a platform to ask questions.
People eligible to visit
anyone
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Once a week, members of the national association of prison visitors (Association nationale des visiteurs de prison, ANVP) would spend a half-day visiting incarcerated persons without families in the Saint-Brieuc remand centre. Members could take turns visiting three prisoners for one hour each. Follow-up visits usually occured six months to a year later. Didier Bazin, Director of ANVP’s Côtes-d’Armor section, explained that the program aimed to “bring much-needed humanity behind prison walls.”
Number of escapes
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A prisoner escaped on his way to Tulle (Corrèze) prison, where he was being held before transferring to the prison in Le Havre.
Security staff carry
- firearms
- non-lethal weapons
Security personnel do not carry firearms. The use of a firearm is possible from the watchtower in the event of an escape and is regulated. Each prison has an armoury, reserved for serious and violent incidents.
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Taser use was on the rise in prisons. In November 2021, an order was issued to allow prison security teams to use tasers in more scenarios. Prison officers responsible for judicial transfers and releases, or internal and perimeter security were allowed to use this “intermediate” weapon to “respond to physical aggression” or “dangerous or threatening behaviour.” The French section of the International Prison Observatory denounced the inadequate legal protection when it came to taser use.
The law provides for a sentence adjustment for medical reasons
Prisoners who become ill may obtain early release if they have a life-threatening condition, or their health situation is too compromised to remain in prison. There were 238 requests for suspended sentences for medical reasons in 2013 and 207 were granted.
The Senate report on the cost of prison health care showed that this measure is not often taken because of the lack of structures to admit people upon their release.
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Tommy Recco, France’s oldest prisoner, applied for parole due to medical reasons related to his age. The appeals court in Bastia rejected the 87-year-old’s request, stating that he was at a high risk of reoffending. His lawyer contemplated submitting an appeal to the European Court of Human Rights.
The prison staff is represented by (a) union(s)
The major unions are: Force ouvrière (FO), Syndicat pénitentiaire des surveillants (SPS), UFAP-UNSA and CGT-pénitentiaire.
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Prison staff from about 100 facilities participated in a strike called by three unions. Demanding progress on their status and salary increases, the strikers blocked releases and visits from relatives, healthcare staff and educational workers.
Variation in the capacity of the prison facilities
increase
The capacity of the French prison system decreased between January 2021 and January 2022. The number of available places in prisons (“operational” capacity) went from 60,583 to 60,749.
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A new prison in Brain-sur-l’Authion (Maine-et-Loire) was set to replace the Angers facility by 2027. While Angers had the capacity to house 266 incarcerated persons, the new prison would have 850 places: 790 for men and 60 for women. Brain-sur-l’Authion mayor, Jean-Charles Prono, supported the project, believing it would lead to job creation and potential economic benefits for local producers. Some residents, on the other hand, were not in favour of the new prison. Consultation meetings were organised in the three municipalities that would be affected by the planned construction.
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In 2017, early in his term as President of the Republic, Emmanuel Macron announced a programme to expand the country’s prison estate and to build 15,000 additional places over 10 years. Seven thousand places are expected for the end of 2022. The remaining places should be available by 2027.
The programme provides for the construction of new types of correctional facilities:-
Support programmes for the re-integration of offenders (les structures d’accompagnement vers la sortie, or SAS) with 2,000 places. They are expected to admit offenders with sentences under one year and those who are nearing the end of their long sentences.
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Two experimental prisons that will partner with prison companies to develop an employment programme that will enable prisoners to continue working after their release.
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