Overview

Incarceration rate (per 100,000 inhabitants)

109

i

The authorities publish official statistics on prison population

yes, every three months

The prison service has a computerised record keeping system

yes

Total number of prisoners

72,173

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01/01/2023
  • 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.

    i
    01/03/2023
    / Le Point

Variation in the number of prisoners

increase

Number of people serving non-custodial sentences

13,819

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01/01/2022
/ Prison administration

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

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01/01/2021
/ Council of Europe, SPACE I – 2021 Report, p. 104.

Number of releases

69,681

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01/01/2021
/ Council of Europe, SPACE I – 2021 Report, p. 112.

Average length of imprisonment (in months)

11.1

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2021
/ Council of Europe, SPACE I – Rapport 2021, p. 123.

Variation in the average length of imprisonment

increase

Prison density

119 %

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01/01/2023

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.

  • 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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    15/12/2023
    / 20 Minutes
  • At Sarreguemines Prison, half of the prisoners have personal space measuring less than three square metres.

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    04/2023
    / Contrôleure générale des lieux de privation de liberté (CGLPL)
  • As of April, the Vesoul prison held 73 prisoners despite a capacity of 40.

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    18/04/2023
    / L’Est républicain
  • 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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    07/06/2023
    / Le Figaro
  • Several prisons – 48 in total – have occupancy rates of over 150%. Some facilities have exceeded 200%, including Nîmes (212%), Bordeaux-Gradignan (211%) and Carcassonne (214%). This overpopulation is considered “chronic”.

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    01/03/2023
  • The Périgueux prison has reached record levels of overcrowding. The facility has a capacity of 99 and is currently holding 165 prisoners. A union for guards (Force ouvrière) predicts a “catastrophe” if the situation does not change.

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    2023
    / France Bleu
  • 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”.

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    02/02/2023
    / France Info TV

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

yes

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.

  • 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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    14/09/2023
    / Contrôleure générale des lieux de privation de liberté (CGLPL)
  • 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.

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    17/04/2023
    / 78 Actu

Name of authority in charge of the prison service

Ministry of Justice

Budget of the prison service

3593017147

dollars - 3.3 billion euros

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2021
/ Prison administration
  • The French government is preparing to invest 4.4 billion euros by 2027 to complete construction and renovation work on prison buildings. The administration’s budget has increased by 251% over 21 years. The primary expense has been the expansion of the prison estate.

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    04/04/2023
    / Challenges

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.

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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2021
/ Prison administration
  • 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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    04/12/2023
    / France TV Info
  • 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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    24/10/2023
    / Observatoire international des prisons - section française
  • 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.

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    23/09/2023
    / Ministère de la Justice

Total official capacity of the prison facilities

60,670

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Variation in the capacity of the prison facilities

-

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2021
/ Prison administration
  • 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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    03/06/2023
    / Le Point
  • 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”.

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    04/04/2023
    / Challenges

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.

Number of prison guards (FTE)

29,112

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2021
/ Council of Europe, SPACE I – 2021 Report, p. 89.
  • 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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    27/01/2023
    / actuBordeaux
  • 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.

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    22/02/2023
    / Le Monde

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

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2021
/ Council of Europe, SPACE I – 2021 Report, p. 93.

Number of socio-educational workers (FTE)

314

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01/2021
/ Council of Europe, SPACE I – 2021 Report, p. 89.

Percentage of socio-educational workers in relation to the entire prison staff

0.8 %

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2021
/ Council of Europe, SPACE I – Rapport 2021, p. 91.

The prison staff is represented by (a) union(s)

yes

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.

  • The Minister of Justice announced that prison guards will be promoted from category C for civil servants to category B. This change will likely entail a salary increase. This is one of many measures taken to address recruitment difficulties within the prison service.

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    22/02/2023
    / Le Monde