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COMMENTS ON ITALIAN LAWS AND ALTERNATIVES TO DETENTION

NCJ Number
64330
Author(s)
G DIGENNARO; M BONOMO; R BREDA
Date Published
1978
Length
635 pages
Annotation
THE CURRENT PROBLEMS OF CORRECTIONAL ORGANIZATIONS IN ITALY AND THEIR PROPOSED SOLUTIONS ARE ANALYZED IN THE FORM OF COMMENTARIES TO THE FULL TEXT OF 1975 AND 1977 CORRECTIONAL REFORM LAWS.
Abstract
ITALIAN CRIMINOLOGISTS AND PENOLOGISTS HAVE WARNED OF A POTENTIALLY EXPLOSIVE PRISON SITUATION, CAUSED BY ANTIQUATED CRIMINAL CODES AND CORRECTIONAL PHILOSOPHIES. THEY BLAME THE LACK OF ALTERNATIVES TO DETENTION FOR THE FAILURE OF ALL EFFORTS AT REHABILITATION AND SOCIAL REINTEGRATION OF PRISON INMATES. THE PROBLEMS OF JUVENILE OFFENDERS ARE ESPECIALLY ACUTE, SINCE THEY ARE SELDOM HOUSED IN JUVENILE FACILITIES OR ARE KEPT SEGREGATED FROM ADULT INMATES WHEN PLACED IN THE SAME INSTITUTIONS. THE SEXUAL PROBLEMS OF INMATES ARE ALSO IGNORED, WITH THE RESULT OF RAMPANT HOMOSEXUALITY, PERVERSION, AND SEXUAL VIOLENCE. MOREOVER, PRISONS ARE PLAGUED WITH DRUG ABUSE, CORRUPTION, EXTORTION, AND CONTROL BY ORGANIZED CRIME ELEMENTS. THE CLOSED PRISON ENVIRONMENT, WHERE INMATES CANNOT ESCAPE FROM ONE ANOTHER, EXACERBATES THESE PROBLEMS. THE NEW CORRECTIONAL REFORM LAWS AS EXAMINED FROM THEORETICAL-LEGAL AND PRAGMATIC VIEWPOINTS ARE A GOOD BEGINNING, BUT ONLY A TOTAL RESTRUCTURING OF THE ITALIAN CORRECTIONAL SYSTEM AND THE REPLACEMENT OF ALL THE OLD PRISON BUILDINGS WITH FACILITIES THAT REFLECT THE NEW CORRECTIONAL PHILOSOPHIES, CAN SOLVE THE CURRENT PROBLEMS AND DEFUSE CURRENT DANGEROUS SITUATIONS. THE REHABILITATIVE EFFECTIVENESS OF SUCH NEW ALTERNATIVES AS MINIMUM SECURITY CORRECTIONS, COMMUNITY-BASED PROGRAMS, VARIOUS TYPES OF MANDATORY AND DISCRETIONARY RELEASE, AND INDETERMINATE SENTENCES OFFER THE BEST OPPORTUNITIES FOR OFFENDER REHABILITATION AND SOCIAL REINTEGRATION, AND THEIR WIDE USE WITH JUVENILES IS ADVOCATED. THE PROVISIONS AND COMMENTATIRES OF THE NEW ITALIAN LAWS COVER THE ENTIRE FIELD OF CORRECTIONS ORGANIZATION, PRISONERS' RIGHTS, INDIVIDUALIZED REHABILITATION, COMPLETE SERVICES FOR INMATES, VOCATIONAL TRAINING, WORK PROGRAMS, AND SOCIAL SERVICES. THE SAME LAWS ALSO PRESCRIBE THE MINIMUM QUALIFICATIONS AND EDUCATIONAL AND TRAINING CREDENTIALS FOR CORRECTIONAL PERSONNEL. THE BOOK INCUDES THE FULL TEXT OF THE UNITED NATIONS DECLARATION OF MINIMUM RIGHTS FOR PRISON INMATES (1955). --IN ITALIAN. (LGR)