France
Capital city — Paris
Country population
i2022Incarceration rate (per 100,000 inhabit…
i07/2023Type of government
Human Development Index
Homicide rate (per 100,000 inhabitants)
Name of authority in charge of the pris…
Total number of prisoners
72,173The French prison…
i01/03/2023/ Le PointAverage length of imprisonment (in mont…
i2021/ Council of Europe, SPACE I – Rapport 2021, p. 123.Prison density
i01/01/2023Total number of prison facilities
187The “15,000 Plan”…
i23/09/2023/ Ministère de la JusticeAn NPM has been established
Female prisoners
i01/01/2023Incarcerated minors
i01/01/2023Percentage of untried prisoners
26.3 %The Controller-Ge…
i04/2023/ Contrôleure générale des lieux de privation de liberté (CGLPL)Death penalty is abolished
yes, since 1981The last executio…
Overview
Prison population
Incarceration rate (per 100,000 inhabitants)
109
The authorities publish official statistics on prison population
yes, every three months
The prison service has a computerised record keeping system
Total number of prisoners
72,173
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The French prison population stood at 72,294 prisoners at the beginning of February, but the capacity of the prison estate is only 60,662. This has resulted in a high prison density in remand prisons and remand units, where prison overcrowding is most concentrated. Over 2,000 prisoners sleep on mattresses on the floor.
Variation in the number of prisoners
increase
Number of people serving non-custodial sentences
13,819
Variation in the number of people serving non-custodial sentences
increase
The courts are issuing fewer and fewer community service orders (TIG): 5,700 orders were issued in the first quarter of 2022, 30% fewer than in the first quarter of 2019, according to statistics from the Ministry of Justice.
Variation in the incarceration rate
increase
Number of admissions
68,060
Number of releases
69,681
Average length of imprisonment (in months)
11.1
Variation in the average length of imprisonment
increase
Prison density
119 %
Variation in the prison density
increase
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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On 11 December, the prison density at Bordeaux-Gradignan reached 211%. This is one of the highest prison densities in France. A parliamentary visit carried out at that date noted around one hundred triple-occupancy cells. A suspension of admissions for one month, in May, did not resolve the situation. At present, 644 men live in spaces meant for 305, and 49 women in spaces meant for 22.
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Gradignan prison is suspending admissions in May as part of the “stop incarceration” initiative. This measure is expected to last for a minimum of one month, addressing the issue of severe overcrowding.
The facility is currently holding twice the number of prisoners than its intended capacity. Prison conditions are deemed deplorable: mould, mattresses on the floor, and cramped spaces. There are few activities available for prisoners to engage in outside their cells. The undermanned staff feel overburdened. The trafficking of drugs and medicines is reportedly widespread.
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Four men share a 9-square-meter cell in the Camp Est facility (Nouméa, New Caledonia). The facility holds 610 prisoners, despite having a capacity of 410. Overcrowding results in tension and a lack of privacy. One prisoner says, “It’s hot, there’s dust in the cells. Some people blow a fuse, some break things. Some people can’t sleep. Then they have to take pills, they’re not well.” The presence of rats and cockroaches has been reported, the toilets leak, the heat is sometimes intense, and the electrical grid is faulty.
Camp Est’s state of disrepair had already been pointed out in both 2011 and 2019 by the Controller-General of Places of Deprivation of Liberty. In 2020, the administrative court had ordered the prison service to “put an end to the various health violations in the detention centre units for men, particularly in the ‘shipping container’ cells”. The juvenile unit has been renovated, but the measures are considered insufficient. In 2020, the French branch of the International Prison Observatory described the measures as being similar to putting “a bandage on a dilapidated and unsanitary building” and said that the proper solution would be to “demolish Camp Est and rebuild it”.
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?”
A supervisory body has issued a decision on prison overcrowding
In 2017, the European Committee for the Prevention of Torture published the following report: “The situation was of particular concern at Fresnes and Nîmes prisons, where the overcrowding and the lack of activities were compounded by serious problems with heating, damp, and infestations”. The CPT called on the French authorities to take urgent measures to address these problems, which could be considered as inhuman and degrading treatment.
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On 14 September 2023, the Controller-General of Places of Deprivation of Liberty published a notice on overpopulation and prison regulations in the Official Journal. The notice states that the measures implemented so far have proven ineffective. The CGLPL summarised all of her recommendations and reiterated that prison overcrowding “must stop being understood as a strictly penitentiary problem; it must become part of public policy and be given its own permanent resources. It must be accompanied by an exploration of imprisonment’s place in the criminal justice system and increased use of alternative sentences to incarceration”. The independent administrative authority suggests enshrining in law a prison regulation mechanism.
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The Bar Associations of Versailles, Paris, Hauts-de-Seine, Val-d’Oise, Seine-Saint-Denis, and Meaux, in conjunction with the French section of the International Prisons Observatory (Observatoire international des prisons, OIP-SF), have taken legal action by filing with the Versailles Administrative Court. On 17 April, this court mandated the State to implement 12 immediate actions to improve prison conditions at Bois d’Arcy prison. Some recommendations were directed at the prefect, others at the Minister of Justice. They were given a ten-day deadline to implement the court’s directives. This initiative is a response to a report issued in December 2022 by the Controller-General of Places of Deprivation of Liberty (Contrôleure générale des lieux de privation de liberté, CGLPL), who recommended suspending all admissions due to the deplorable conditions of confinement.
Organisation
Name of authority in charge of the prison service
Ministry of Justice
Budget of the prison service
3,593,017,147
dollars - 3.3 billion euros
The prison service outsources the management of the facilities to private companies, either partially or fully
yes
The private sector is responsible for the day-to-day operations in 71 prisons: food services, accommodations, training, work, maintenance. For the past several years it has also been in charge of family visits. The penitentiary administration is responsible for the management, the surveillance, the registry (follow-up of imprisonment), probation and re-integration.
The prison administration is part of the Ministry of Justice. It consists of a central administration (Direction de l’administration pénitentiaire), decentralised services (nine inter-regional prison boards and one authority for overseas départements and territories), integration and probation services, a prison employment service and the National School of Prison Administration (École nationale de l’administration pénitentiaire).
The detention regimes vary by institution and sentencing category. Most institutions fall into one of three regimes:
• an open regime, honour system or autonomous system is one in which inmate are free to move about within the lodging area or go to activities
• a semi-open regime or general system is one in which moving about is restricted to certain hours
• a closed regime, strict regime or controlled regime is one in which inmates are confined to their cells and may only leave if a guard opens the door for them.
Semi-custodial facilities accommodate inmates admitted into outside or day placement systems. The prisoner may leave the prison during the day to practise a professional activity or take classes or training courses.
Blocks for adjusted sentences may accommodate sentenced individuals who are subject to day placement measures or an exterior placement as well as sentenced individuals whose remaining prison time is less than a year, in order to allow them to complete a reintegration plan.
Recent construction contracts have been carried out by public-private partnerships (PPP). Even if they represent short-term savings for the public sector, the decision to engage PPPs is often questioned. In December 2017, the Court of Auditors presented a report (here) in which it strongly recommended that the future use of PPPs for justice-related construction projects be avoided. In the report, the Court of Auditors states that the extra cost of changes made during construction, as well as the inflexibility of PPPs, stalls the public prison service’s construction projects, which in turn leads them to question the savings incurred through the use of private contractors.
Prison facilities
There are two types of correctional facilities:
(1) Jails (maison d’arrêt) house people who are awaiting trial or sentencing or who have received sentences of two years or less.
(2) Prisons (établissements pour peine) for people who have been sentenced, including:
- prisons, which house at least two units for different types of prisoners
- detention centres and sections
- maximum-security prisons and sections
- semi-custodial facilities and sections (QSL)
- sections for adjusted sentences
A national assessment centre has three sites: Fresnes (capacity of 56), southern Paris (capacity of 231) et Lille-Annœullin (capacity of 30). Six penitentiary establishments for minors are spread out over the nation. The national public health facility in Fresnes has a capacity of 84 individuals.
Total number of prison facilities
187
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Lavau Prison (Aube) is nearly ready to begin operations. It was criticised, mere days before its opening, for its faulty workmanship and sanitation problems. Certain equipment is not yet functional, such as lighting, telephones and doors. Surveillance officers from the FO Justice union report water leakage and consider that the conditions are not right for ensuring staff safety. They warn of a “chaotic opening” and a “certain disaster”.
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Most of the prison service’s budget is set aside for the construction of new correctional facilities, in the amount of 634 million euros. In an analysis, the French branch of the International Prison Observatory stated that this choice to construct is “a recipe for disaster”. The association notes in particular the 5-billion-euro debt incurred by this choice, saying, “In addition to being inefficient, this choice exacerbates the problems it claims to resolve”.
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The “15,000 Plan” is scheduled to increase the number of spaces in prisons to 75,000 by 2027 by constructing 51 new facilities. The Ministry of Justice stated in September that half would be operational in 2024. The construction plan will have access to 308 million euros in 2024. Renovation operations, budgeted at 2 million euros, will be carried out at the same time.
Total official capacity of the prison facilities
60,670
Variation in the capacity of the prison facilities
-
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A parliamentary report dated 25 May casts doubts on the government’s pledges to increase the prison capacity. Patrick Hetzel, the National Assembly’s special rapporteur for the Justice Ministry’s budget, argues that the construction plan for 15,000 places is “already insufficient”. Outlined in two stages (7,000 places in 2022, and another 8,000 in 2027), the project is lagging: by the end of 2022, only 2,441 places were available. Hetzel identifies “management” issues as the cause of these setbacks. Meanwhile, the Ministry of Justice emphasises the challenges in securing land for new prisons and rejects any claims of administrative problems. It insists that the deadline will be met.
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The generation of 15,000 prison spots is scheduled for 2027. The 24,000 spots created between 1990 and 2022 have not reduced prison overcrowding. The business magazine Challenges questioned the government’s policy, reminding readers that the European Committee for the Prevention of Torture (CPT) has recommended against this approach since 2021: “increasing capacities is far from being a sustainable solution to the problem of prison overcrowding”.
Correctional facilities are spread out over the entire national territory.
Prison facilities are accessible by public transport
most establishments
All newly constructed institutions are on the outskirts of cities or far from them. La Santé prison in Paris is an exception.
Staff
Number of prison guards (FTE)
29,112
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The staff at Gradignan prison have reported numerous issues, including lack of support from superiors, understaffing and a toxic workplace. One guard said, “They trust us less and less. Management misuses video surveillance to monitor the staff”. Sick leave, departures and burnout are symptomatic of the difficult conditions of performing this job. One court clerk alluded to a lack of empathy and excessive to-do lists. The Controller-General of Places of Deprivation of Liberty was alarmed by the absenteeism rate in 2022, which sometimes reached 36%. She noted that the staff “did their best” to temper a worsening situation. Several staff members have since left the prison service.
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As most people do not see the career of prison guards as a calling, the prison service struggles to recruit. The national prison union Force ouvrière estimates that 700 additional recruitments were necessary in 2022.
The promotion of guards from category C to category B could exacerbate the situation: Category B civil servants must hold a baccalaureate degree. Nearly 40% of guards only have the National Diploma awarded after year 10.
Variation in the number of prison guard positions
increase
The number of prison officer posts increased by 1.24% between 2020 and 2021. It was 20,345 in 2021.
Guard to prisoner ratio
1 : 2,2
Number of socio-educational workers (FTE)
314
Percentage of socio-educational workers in relation to the entire prison staff
0.8 %
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.
Prison guards receive training at the National School of Prison Administration (École nationale de l’administration pénitentiaire). The duration of training is 6 months (formerly 8 months), followed by a 12-month internship in a correctional setting. Applicants to the program must be at least 19 years old and have earned a secondary school diploma or a recognised equivalent.
Entry-level guards are paid €1,567.