(June 10, 2020) On May 11, 2020, Decree-Law No. 29 (D. L. No. 29), which had been issued the previous day by the president of Italy to institute new penitentiary measures aimed at reducing COVID-19 infections in prisons, took effect in the country.
Measures on Home Detention and Postponement of Sentencing
Under the new decree-law, convicted felons imprisoned for subversive association, association for terrorism, association to commit crimes, association for trafficking in narcotics, mafia-related crimes, or terrorism may be detained at home or receive a postponement in serving their sentence. (D. L. No. 29, art. 2.1.)
Before ordering home detention or postponing the serving of a sentence, the judge must receive the opinion of the health authorities on the health situation in the locality where the felon is placed and information from the Penitentiary Administration Department about the availability of penitentiary facilities or protected health wards in which inmates may resume detention without prejudice to their health. (Art. 2.2.)
Replacement of Pretrial Detention with House Arrest
Public prosecutors may choose to impose home arrest in lieu of pretrial detention on criminal defendants being prosecuted for the crimes stated above when reasons connected to the COVID-19 health emergency dictate that doing so would be beneficial. Prosecutors must evaluate the merits of each case before ordering home arrest, and may ask the judge to reinstate pretrial detention when the circumstances have changed and permit the safe custody of defendants in penitentiary facilities or protected health wards. (Art. 3.1.)
Measures for Penal Institutions for Minors
Effective May 19, 2020, until June 30, 2020, conversations between convicted, interned, and accused minors and their relatives or other legally permitted persons may be carried out remotely or by telephone to prevent the spread of Covid-19 at prisons and penal institutions for minors. (Art. 4.1.)
After consultation with the regional administrator of the penitentiary administration and the director of the juvenile justice center, the director of prisons and penal institutions for minors may establish the maximum number of conversations that may be conducted in person, without prejudice to the right of the affected to at least one in-person conversation per month with one relative or another person. (Art. 4.2.)
Application of the Provisions
The above provisions apply to measures instituting home detention or postponing sentences and replacing custody in prison with house arrest that were adopted after February 23, 2020. (Art. 5.1.)