Different types of penal institutions hold women :

• penal institutions exclusively for women
• units exclusively for women

Most of the women are incarcerated in specific sections of prisons that are mainly for men. There are two exclusively dedicated facilities :

• Rennes Penitentiary Centre
• Versailles remand centre

They are dispersed throughout 59 facilities. The female prisoner population density varies from one facility to another. Overcrowding is a problem in the women’s quarters of some remand prisons.

Searches are conducted by a female staff member.

The Controller-General for Places of Deprivation of Liberty stated in a notice on 18 February 2016 a very limited choice of feminine hygiene products, in particular tampons or sanitary napkins and intimate wash.

Women have less access to work, education opportunities or other activities.

Modern facilities are built with cells designed to house a woman and her child. These cells are equipped with a bathtub and a separate space for the mother and child.

Surveillance staff assigned to sections housing mothers and children are not required to be in civilian clothing.

Minors are sujected to a specific system. This can be applied beyond the age of majority, up to the age of 21, to ensure continuity of care.¹ The new Code of Juvenile Criminal Justice (CJPM) comes into force on 30 September. It replaces the 1945 Ordinance, which was deemed ‘unreadable’ after numerous amendments (around 40). Several major changes should be noted:

• The CJPM provides for a two-stage procedure: a first stage to rule on the minor’s guilt; a second stage to pronounce the sanction. In the period between these two stages, the minor is subject to “educational measures” or “security measures”. The sanction is required to take account of “the evolution of the minor’s behaviour, (…) his or her adherence to the measures and his or her awareness of the facts of which he or she is accused “*. This break between the two stages is not systematic. Some magistrates’ unions consider that this procedure is similar to an immediate appearance for minors.
• The CPJM removes the investigation phase before the juvenile court judge. The aim is to reduce the time taken to bring cases to trial. Judges point to the lack of resources to meet the new deadlines.
• The CPJM introduces, in order to replace multiple measures, a single judicial measure with several components (medical, educational, placement, etc.). This measure can be pronounced for five years.
• The CPJM specifies in its first article that “minors under 13 years of age are presumed not to be capable of discernment”. The country is thus in line with the International Convention on the Rights of the Child. This symbolic clarification can be challenged by a judge. Young people aged 11 or 12 who are deemed capable of discernment are given an educational measure.

Minors are housed in six detention facilities for minors (établissements pénitentiaires pour mineurs (EPM)); the others are dispersed among the 47 juvenile units (quartiers pour mineurs (QM)).
The assignment to either the establishment or a unit depends upon the best interest of the youth, taking into account where they live, educational needs, and proximity to the jurisdiction in charge of the case.

The detention system in the EPMs is a mixture of repression and education. Group events (cultural and sport activities) are held, and sometimes are deemed to be excessive.

Educators from the Judicial Youth Protection Service work closely with youth in penitentiary establishments for minors and juvenile units. In principle, support staff (surveillance, health) must have special training qualifying them to work with youth. Supervisors assigned to juvenile units have not always completed this training, entitled, “référent mineur”.

As of 1 January 2021, foreign nationals in prison came from Africa (55.2%), Europe (31.1%), North or South America (7.5%) and Asia (5.6%). 0.5% were from other countries or their nationality was unknown.

Illegal residency is no longer considered an indictable offence per se, but its consequences may be.

Foreign inmates may telephone authorised individuals in their country of origin, at their own expense.

Foreign nationals often face discrimination in gaining accessing to work, applying for sentence adjustments and maintaining family ties. They are more vulnerable when they lack proficiency in the French language. All requests must be made in writing and making a doctor’s appointment, for example, can sometimes feel like an impossible task.
Problems arising from the right to residency add to the difficulty of daily life in prison. Incarceration is an obstacle to obtaining legal residence, which is a complex process.
The procedure for applying for a residence permit includes mandatory appointments at the prefecture. To make these appointments, prisoners are required to apply for leave, which is not often granted. Interviews for asylum-seekers can now take place in prisons using audiovisual communication. However, this option presents challenges to confidentiality, building trust, interpreting, etc. People who are subject to an obligation to leave French territory have an appeal period of only 48 hours, despite the complexity of the proceedings.

Life sentences are for the most serious crimes (certain kinds of murders and terrorism).

A person sentenced to life imprisonment automatically has a term of 18 years attached to their sentence. This excludes the possibility of a sentence adjustment during that period. Under certain conditions, the sentence may be reduced or extended to a maximum of 22 years.
In the event of sentencing to a prison term with a period of unconditional imprisonment, automatic sentence reductions may only be applied to the part of the sentence exceeding the minimum period.
Life imprisonment without parole, the most severe criminal sanction in French law, is accompanied by an unlimited period of incarceration. In practice, the possibility of release does exist for life sentences without parole. Article 720-4 of the Code of Criminal Procedure provides for the possibility of re-examination of the case after 30 years of imprisonment. The judge’s decision must be accompanied by the opinion of three medical experts responsible for examining “the danger posed by the convicted person”.

People of certain religious or ethnic groups are not subject to any particular detention regime.

The prison administration assesses the circumstances of LGBTI individuals on a case by case basis and consequently adjusts their daily lives. These individuals are often placed in isolation for their safety. Access to employment and other activities is complicated, even impossible.

Elderly prisoners are not grouped together in specific facilities or quarters. Facilities are not systematically designed to accommodate them.

When people reach the end of their lives, parole is prioritised. Some elderly people are forced to spend their last days incarcerated, with staff who have neither the training nor the means to support them.

See “Sentence Adjustments” for more information.

The number of older prisoners increased by six times over the last 25 years.
There appears to be a lack of appropriate activities, limited access to work and little medical care. Doctors have also reported problems with procuring medical equipment. Older prisoners find it difficult to receive human assistance and are often forced to get help from other inmates.