The prison does not take into account the specific needs of women. Prison staff is not specialized in gender-focused issues and there is no central office dedicated to protecting the rights of women in prisons. Hygiene conditions are often inadequate and there is no guarantee of essential provisions, including tampons or gynecological care.

According to the National Guarantor, women do not have a large variety of job offers; they tend to respond to gender stereotypes: cooking or sewing. Men benefit from more job opportunities (e.g. printing activities).

Women with children are accommodated in ICAMS (Istituto a custodia attenuata per detenute madri) or in prison nurseries.

In 2017, there were 58 women with 70 children. Whilst these facilities are still prisons, there are no barriers.

Security staff working in the child section wears civilian clothing to ensure the emotional wellbeing of the children.

The penitentiary administration takes into account the specific needs of children. Cells that host minors are most often open. In general, they are also decorated and equipped for children.

The specific offences that lead to the incarceration of women are offences against property, against persons and drug-related offences, followed by those against the administration of justice, public faith and public administration.

Minors are subject to a specific justice system. They are judged by juvenile courts. There are special prisons for minors who committed an offence between 14 and 18 years of age. They stay there until they reach the age of 21, when they are transferred to an adult prison. The penitentiary administration for minors is separated from the one that deals with adults.

Alternative measures to detention can be applied: probation, assistance by social services, semi-detention or early release.

All minor offenders are placed in special institutions named IPMs.

There are 16 Juvenile prisons (IPMs) dedicated to “young offenders” (aged 14-18) and “young adults” (aged 18-25) who commit offences while underage. Incarceration should be applied as a last resort.

Minors have an access to various activities. For example, in Acireale prison, minors do sport six hours per week and receive personalized training at the gym. Sports competitions and collective games are sometimes organised.

The music project “Power of Words” was organised in 2016 in the Cesare Beccaria prison in Milan. The project consisted in a series of rap workshops, concerts, meetings with writers or working in the prison’s library.

In Bologna prison, the “Pratello” theatre promotes the social integration of incarcerated minors and adults in difficulty through drama, writing and all forms of creative arts.

Outside organisations can intervene with minors. For example, in Acireale prison , a project with the association Youth and School, named “Un pallone di Speranza”, aims to teach boys various rules and aspects of football.

In Malaso di Palermo prison a bakery was opened with the help of association Rigenerazioni Onlus. The aim was to give work opportunities and prepare minors to become skilled and independent workers after their release from prison.

Moreover, The Social Service for Minors (USSM) provides social assistance for minors while they serve their sentence. Cooperation with social bodies, schools and local authorities is established.

Prison officers do not have specific training in the supervision of minors. The system for minors is generally considered more suitable than that for adults, but deficiencies are still to be found. The guarantee system is more developed than that of adults. The living environment is more outward looking. In order to reduce the trauma of minors and young adults, prison staff does not wear uniforms.

Some institutions are in bad conditions, like Quartucciu prison. The reconstruction of one of the three blocks was abandoned since 2007 due to lack of funding; prison cells are cold without heating; the common area is used as canteen and the facility lacks furniture.

The most common nationalities in prison are Albanians (13.2%),Moroccans (18.8%), Romanians (13.1%) and Tunisians (10.8%).

Women come from countries such as Romania (25%), Nigeria (21%), Bosnia (5%), Morocco (4%), Brazil and Bulgaria (3%).

Illegal residence is not punishable with imprisonment but with administrative detention.

Foreign prisoners can make phone calls to their home country. All foreign numbers have to be verified by the penitentiary administration.

For more information see “Phone Calls” section.

The length of the visit can be extended for visitors coming from abroad. However, the decision depends solely on the will of the penitentiary administration.

The relatives of foreign minors do not have a special regime of visits.

According to the observations made by Antigone, if a foreign community settles in Italy for a long period the incarceration rate of persons from this community will be lower than that of communities that have settled recently. The reason is that the community becomes an integral part of the Italian society. Consequently, the risk for its members being jailed decreases. Chinese, Filipinos and Ukrainians have incarceration rates almost the same as that of Italians. The incarceration rate of Moldovans, Romanians and Ethiopians is only slightly higher.

Foreigners represent 31% of the total number of prisoners who have committed crimes against the person. They are also convicted for minor offences (drug or prostitution-related crimes, as well as violation of immigration laws).

1.1% of foreign inmates are convicted for criminal association with the mafia¹.

Job opportunities are allocated to people with longer sentences.

For more details on the security regimes under which some people executing long sentences are placed, see “Security measures”

The crimes punishable with a life sentence are, amongst others: murder, attempts against the President of the Republic, terrorism, criminal association with the mafia.

The detention regime of people condemned to a life sentence is similar to that of inmates who execute long sentences. This regime is not officially provided for in the law. Single cells are provided to persons executing life sentences. Solitary confinement from six months to three years is imposed to offenders who committed several crimes. There is a special detention regime for organised crime offences, terrorism or mafia that is called regime 41-bis. The system was specifically intended to cut off inmates from their former criminal associates.

Inmates that show good behavior may request a sentence adjustment after 26 years of sentence served.

Prisoners serving life sentences for specific crimes like mafia or terrorism are sentenced with ergastolo ostativo (life imprisonment without parole) if they do not cooperate with justice.

Lifers can make an appeal if a new piece of evidence is found. This provision applies to every person who faces a criminal conviction.

The duration of pre-trial detention is limited. It cannot be longer than two years for criminal offences punished with imprisonment up to six years.

A four-years pre-trial detention period can be applied for criminal offences punished with sentences of up to 20 years. Six years may be applied to even more serious offences.

It is not possible to apply a pre-trial detention measure if the judge does not consider that the final conviction will be longer than 3 years or if the criminal offence is punished with a maximum sentence of 5 years, excluding offences related to illegal financing of political parties¹.

It is possible to appeal against a pre-trial detention decision. Appeals tend to be more effective than first decisions. Detainees can ask for a revision of their status at any moment. Important information can be better taken into account during the appeal because first decisions tend to be made rapidly. In many cases, lawyers do not have enough time to prepare the defence.

Untried prisoners have very limited access to work. Priority is given to inmates who have already been sentenced, even if pre-trial detention often lasts several years. Communications with the outside world, whether by telephone or through visits, must be authorised by the judicial authority (and not by the prison warden).

Current Italian legislation does not take into account specific conditions and needs of LGBTI inmates. They are very often not acknowledged by other inmates or by the prison staff. Cases of physical violence are sometimes brought to light.

LGBTI prisoners are often excluded from all activities and do not even take part in religious celebrations. They find themselves in a de facto solitary confinement regime in order to protect them from other inmates¹.

The problems LGBTI prisoners face concern mainly the lack of space, activities and work opportunities.

The National Guarantor (Italian NPM) considers that LGBTI segregation from other inmates leads to the violation of their dignity. It is important to find, as much as possible, alternative measures to imprisonment. While visiting the LGBTI block of Triveneto and Gorizia prisons, the delegation noticed that LGBTI inmates were being placed under solitary confinement and were therefore being denied the possibility of rehabilitation¹.

Inmates with physical disabilities are usually taken care of by fellow inmates due to the lack of medical staff. They receive a salary called piantone.