Penitentiary Administration Research Articles

FORMAL AND NON-FORMAL EDUCATION IN SPACES OF RESTRICTION OF FREEDOM: A BRIEF ANALYSIS OF THE STATE OF SÃO PAULO

This article aims to analyze the structure and organization of formal and non-formal education in prisons in the state of São Paulo, identifying how education is systematized and implemented within the prison system. The methodology included the review of official documents and data, such as the Penal Information Report (RELIPEN) and the Joint Guidance Documents of the Secretariats of Education and Penitentiary Administration. The results indicate that, although the state of São Paulo continues to invest significantly in the prison system, the lack of information on available resources and persistent overcrowding indicate critical challenges for the effective implementation of educational activities.

Consideration Regarding Motivation in the Penitentiary Administration System

Consideration Regarding Motivation in the Penitentiary Administration System

PREVALENȚA ȘI TIPURILE DE TULBURĂRI DE PERSONALITATE LA FEMEILE PRIVATE DE LIBERTATE

This article presents the results of an empirical study aimed at establishing the prevalence and types of personality disorders encountered among women in custody in Romanian prisons. It is important to emphasize that incarcerated women in Romania represent a category of inmates that has been insufficiently investigated regarding personality disorders. To date, there are no specific studies conducted among this group of inmates in Romania on this topic. The research sample consisted of definitively sentenced incarcerated women (N=200 respondents) serving their sentences in the only prison in Romania that exclusively houses women, distributed across all detention regimes. The SCID-II Personality Questionnaire was used, designed to identify and evaluate personality disorders according to the criteria of the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV). The percentage distribution shows that obsessive-compulsive (82%) and borderline (80%) personality disorders are among the most prevalent observed in incarcerated women included in this study. For other personality disorders, a prevalence ranging from 11,5% to 75% was observed. The result of this research have significant practical implications, providing a solid foundation for the development of specific intervention programs dedicated to this category. Thus, specialists in the penitentiary administration system can use this data to create programs based on a genuine understanding of these women`s profiles.

The reduction of the prison subculture. Legislative recommendation

Subculturalization is a natural process for prisons. Unfortunately, it has many negative effects. In the case of the penitentiary subculture from the carceral environment of our country, the situation is even worse. It is a very dan-gerous post-Soviet subculture that tends to capture all social subsystems. In order for this not to happen, we must take preventive measures. In this article I tried to identify the legislative measures that can be taken to combat the phenomenon. There are some changes that can be made to the Executive Code and the Criminal Code that I think would reduce the process of subculturalization of prisoners. In order to implement these changes, it will be necessary to adopt certain regulations at the level of the National Penitentiary Administration.

Development of a security protocol in the dental service of the Instituto Penal Professor Olavo de Oliveira II – IPPOO II

Dental surgeons (DC) in Brazil work in the private or public sector, but little is known about their work inside prisons. In the scientific literature, there is a lot of research on the oral health conditions of the prison population, but little has been said about how DCs should act inside prisons. Therefore, the aim of this work is to build a safety protocol for health professionals within penal establishments. Research was carried out in the available literature on the technical standards of the Penitentiary Administration Secretariats of the states of Minas Gerais and Paraná and, at the same time, a security protocol was proposed for the Instituto Penal Professor Olavo Oliveira II (IPPOII), in Ceará. The basic guidelines of the protocol were: presence of the Penitentiary Police Officer (PP) inside the office; the detainee's hands together and fingers must be intertwined; the patient must always maintain an ergonomic head position and dentistry professionals must know the risk profile by type of crime or whether they are leaders of criminal factions. Therefore, this work suggests the use of a security protocol for security professionals working at IPPO II.

Overview of SARS-COV-2 infection at the Butantan Penitentiary Progression Center.

To estimate the prevalence of exposure to the SARS-CoV-2 virus among individuals living in restricted freedom. A seroprevalence survey was carried out with the population of the female penitentiary of the Centro de Progressão Penitenciária (CPP) in Butantan (municipality of São Paulo), between June 24 and August 20, 2020. During this period, according to the Secretariat of Penitentiary Administration (SAP), the positivity of rapid tests among inmates ranged from 65% to 78%. The evaluation method used in the study was the "One Step COVID-19" rapid test (chromatography), from the company Wondfo, also using the RT-PCR method in symptomatic participants to confirm the viral condition. The study population consisted of 879 female inmates and 170 employees of the institution. The prevalence of total antibodies (IgG/IgM) against the SARS-CoV-2 virus in the total population of 1049 study participants was 6.1%; among the population of 879 inmates,a prevalence of 5.8% was observed, and among the institution's employees, 7.5%. The prevalence of covid-19 at the Butantan CPP was low, which is due to the implementation of simple prevention measures at the institution, such as the use of masks (with appropriate changes), emphasis on hygiene, hand washing and social distancing, in addition to other strategies, such as suspending inmates' visits from relatives and friends and cutting back on elective medical appointments and outside work.

Funcionamento do prontuário eletrônico do cidadão no sistema prisional

Abstract This paper aimed to describe the implementation and operation of the e-SUS AB strategy in the Prison Primary Care Teams in Paraíba. A qualitative study was conducted through semi-structured interviews with 21 professionals, doctors, and nurses, from 11 primary care teams in prisons in Paraíba and the health management of the Penitentiary Administration Secretariat. A semi-structured roadmap was adopted for the interviews from the script previously established by the Ministry of Health for the implementation of the e-SUS AB system, which resulted in three thematic categories after being transcribed and analyzed per Bardin’s content analysis proposal: the health information system and the prison setting; management actions for the implementation of the e-SUS AB and; skills and competencies of professionals to use the e-SUS AB system. The e-SUS AB was implemented in the prison system with some obstacles concerning the physical and technological structure of the setting, the insufficient professional training, and the lack of skills with information technologies highlighted by the respondents. People feel the need to implement the citizen’s electronic medical records to ensure continuity of care for people deprived of liberty.

Functioning of the citizen's electronic medical records in the prison system.

This paper aimed to describe the implementation and operation of the e-SUS AB strategy in the Prison Primary Care Teams in Paraíba. A qualitative study was conducted through semi-structured interviews with 21 professionals, doctors, and nurses, from 11 primary care teams in prisons in Paraíba and the health management of the Penitentiary Administration Secretariat. A semi-structured roadmap was adopted for the interviews from the script previously established by the Ministry of Health for the implementation of the e-SUS AB system, which resulted in three thematic categories after being transcribed and analyzed per Bardin's content analysis proposal: the health information system and the prison setting; management actions for the implementation of the e-SUS AB and; skills and competencies of professionals to use the e-SUS AB system. The e-SUS AB was implemented in the prison system with some obstacles concerning the physical and technological structure of the setting, the insufficient professional training, and the lack of skills with information technologies highlighted by the respondents. People feel the need to implement the citizen's electronic medical records to ensure continuity of care for people deprived of liberty.

Sociodemographic and psycho social Differences Between Hate Crime Offenders and Other Non-Bias-Motivated Criminals: Implications for Prison Rehabilitation Programs.

Hate crimes have severe consequences for the victims and for all members of the victim's social category. Prison programs must address the criminogenic needs of the participants, especially in this kind of crime, in order to prevent recidivism. This study seeks to understand the role of prejudice and aggression in the execution of hate crimes, in order to design effective interventions for hate crime offenders. Sociodemographic, criminological, and psychosocial variables were assessed in a sample of 33 hate crime offenders sentenced to prison or community service and in a group of 38 non-bias-motivated criminals (n = 71). The individuals convicted of hate crimes have higher reactive and proactive aggression, subtle prejudice, homophobia, and social dominance orientation. The implications of these results for the Penitentiary Administration programs will be discussed.

Interest of the adapted physical activities for the staff of the penitentiary administration

The poor state of health of some prisoners, the tensions and violence that can exist in prisons lead the administration's staff to work in a sometimes difficult context. The regular practice of adapted physical activities appears to be a particularly opportune course of action for the agents concerned: it would bring them physical and psychological benefits in their professional exercise.

Análise dos Abusos Cometidos pela Portaria 624/19 da Secretaria de Administração Penitenciária do Ceará

O presente artigo tem o objetivo de analisar a constitucionalidade e legalidade da Portaria 624 de 2019 da Secretaria de Administração Penitenciária do Estado do Ceará. A norma em questão criou uma série de embaraços aos direitos dos presos, como direito à visitação, direito à visitação íntima e direito de não ser posto em isolamento por mais de 30 dias, dentre outros sob a justificativa de ajudar na “preservação da segurança e disciplina no interior das unidades”. Este artigo visa analisar a constitucionalidade e legalidade da portaria cearense, fazendo um contraponto entre as normas nela contidas e o sistema jurídico brasileiro. Para a consecução desse fim firmou-se a hipótese de que a portaria analisada fere a Carta Magna e a legislação infraconstitucional como um todo, sendo, portanto, ilegal e inconstitucional desde a sua concepção. Utilizou-se o método de revisão bibliográfica de doutrina especializada, artigos científicos e jurisprudência dos tribunais pátrios para análise da presente questão que se evidencia na discussão proposta. Foi possível concluir, pelo presente estudo, que a portaria cearense promove uma série de afrontes da citada norma aos ditames legais presentes em nosso ordenamento jurídico. Não se nega que o combate à criminalidade é importante tarefa a ser realizada pelo Estado. No entanto, não é ferindo direitos constitucionalmente assegurados que o Estado conseguirá realizar esse intento, pois se ele não oferece condições condignas mínimas ao apenado, como poderá esperar sua ressocialização durante o cumprimento da pena? São questões como essa que fazem premente a análise realizada neste estudo.

Perceptions of the organization and the practice of dental healthcare bythe professionals working in prisons

Few studies have been conducted on the role and position of dental surgeons in prisons. Interestingly though, dental surgeons perform in a peculiar working environment, since the organizations are divided into two administrative structures: penitentiary and hospital administrations. Stakeholders’ perceptions of both the current oral healthcare organization in prisons and the interactions between prison and hospital administrations’ professionals will be at the core of this study. This article aims at assessing hospital and penitentiary administration agents’ perceptions of oral healthcare practice in prison. This assessment is based on the analysis of 18 semi-structured interviews with prison directors, integration and probation officers, coordinating physicians and dentists. To do this, three analytical categories were established containing first contextual elements, second each professional culture and last actual and potential interactions. Dentists were identified as specific agents within prison’ sanitary units because of the separation between dentistry and other medical specialties. Indeed, the relation to the body, to self-image and self-esteem along with the specific positioning regarding medical secrecy and expertise required by prison staff make dentistry practice a separate field in prison. The results of this study highlight dentists’ specific positioning in prison sanitary units. They could be identified as helpful intermediaries in the building of interactions between penitentiary and hospital administrations thanks to the specificity of the dentistry practice which simultaneously provides health care and promotes the reconstruction of self-image and self-esteem, which are key factors of reintegration.

Uncommon suicide methods in the detention regime in Milan (1993–2019): Forensic contribution on autopsy cases

We analysed the recorded cases of suicides committed other than by hanging in prison in Milan. A retrospective analysis was conducted on 25,512 autopsies performed from 1993 to 2019, selecting all the suicides in prison but our attention was focused solely on cases where an alternative mode to hanging was used. From a total of 97 suicide events in prison, 15 were consistent with the established search criteria: 6 victims died from plastic bag suffocation, 4 by direct inhalation of butane gas, 2 associated plastic bag suffocation to inhalation of butane gas, one committed suicide with an edged weapon, one by self-burning and, finally, one by voluntary ingestion of a food to which he was allergic, with the intent of inducing an anaphylactic shock. Our analysis has shown that the landscape of prison suicides is diverse, not limited solely to hanging. Therefore, it is necessary for the forensic scientific community to raise awareness of potentially unusual suicide methods in prisons and, in the same way, for the Penitentiary Administration to put adequate preventive measures and strategies in place.

Кадровый состав лагерных судов 1944-1956 гг. в СССР: проблемы эволюции

The problem of existence of the camp (penitentiary) justice in the USSR remains practically unexplored. Neither has not been studied the development of its personnel. The article is to highlight the stages of the personnel potential formation of camp courts and to determine the significance of the elections of 1948–49 to the camp courts. The article is based on an analysis of previously unpublished documents stored in the State Archive of the Russian Federation and the Russian State Archives of Socio-Political History. The work is based on the use of historical, genetic, and systemic methods. For the first time, the dynamics of the development of personnel in the penitentiary justice has been revealed. There are two main stages. At the first stage, in 1944–48, the increase in formal indicators (legal education, age, work experience) was slow. The judges were selected and appointed by the People's Commissariat (Ministry) of Justice. The turning point was the election of judges of the penitentiary justice held in 1948–49. During the campaign, no more than 30% of staff by was renewed. Therefore, at the second stage, in 1949–54, the formal indicators of judges increased significantly. This, in its turn, influenced the quality of the hearings. In the early 1950s the formal indicators of the quality of the work of these bodies grew. By 1953 camp courts had higher formal cadre rates than people's courts. At the same time, the rates were lower than the indicators of supreme, regional, regional courts and other special courts. The new system for selection of personnel for penitentiary courts created new difficulties. For example, the Ministry of Justice was unable to make prompt appointments of judges on vacant positions. There was no consistent personnel reserve. Therefore, bypassing all existing norms, the practice of appointing trainee judges appeared. The sources of staff renewal in penitentiary courts remained stable during all studied period. These included other bodies of Soviet justice, such as people's courts, prosecution agencies. In penitentiary courts, the percentage of young staff with higher education was practically absent or insignificant. This ensured reception of trained staff, but led to a shortage of staff in donor bodies. Simultaneously with the election of judges of the camp courts in 1948–49, elections of people's assessors for these bodies took place. Among them, guards and camp workers predominated. Therefore, the camp courts were dependent on the penitentiary administration or were loyal to it.

ЕТИЧНІ ЗАСАДИ ДІЯЛЬНОСТІ ШВЕДСЬКОЇ СЛУЖБИ ТЮРЕМ І ПРОБАЦІЇ .

The article addresses to the analysis of the content of ethical norms that underlie the activities of the Swedish Prison and Probation Service. The content of the Code of Ethics of the Swedish Prison and Probation Service is analyzed and also its compliance with the model European Code of Ethics for prison personnel is established and the possibility of its involvement as a model for creating an updated version of the Code of Ethics and Service Conduct of the State Penitentiary Service of Ukraine is determined. The main task of the Swedish Prison and Probation Service is taking care of prisoners and enforcing sanctions, which, in addition to general values, set the most specific requirements for managers and personnel in both prisons and probation. These requirements are based on the moral values that most fully characterize the work of the Service. It is noted that the penitentiary administration`s actions help in reducing the risk of recidivism and thus increase the level of security in prisons and in the community. The necessary actions are based on fundamental values that apply to the entire Swedish government. The Swedish Prison and Probation Service is a government agency responsible for prisons, correctional facilities and probation. Their mission is to work with the police, prosecutors and courts to reduce crime and increase human security. The Swedish Prison and Probation Service is accountable to the government and is the responsibility of the Ministry of Justice. In its daily activities, the Swedish Prison and Probation Service work to persuade its clients not to commit new crimes. Its personnel guarantee humane treatment of clients, as well as honesty towards them and their legal security. Any client serving a sentence must do so safely and must not be able to commit a crime while registered with the Swedish Prison and Probation Service. It has been established that one of the ways to increase safety in the community is to reduce the recurrence rate. To this end, the Swedish Prison and Probation Service conducts motivational interviews, implements treatment and employment programs, and provides clients with the opportunity to attend school. The management of the Service is convinced that convicts and probation clients should be better prepared so that they can live without crimes and drugs when they are released from a closed institution (prison) or from the probation service. Key words: client, personality, professionalism, knowledge, moral values, legal certainty, predictability.

Perfil da população carcerária na pandemia: o caso do Estado do Pará

O presente artigo tem como objetivo levantar o perfil da população carcerária paraense na pandemia do novo Coronavírus, causador da doença COVID-19, denominado SARS-CoV-2, no período de janeiro a setembro de 2020. Foi realizada uma revisão da literatura pertinente à temática e uma pesquisa exploratória-descritiva, com abordagem quantitativa, com análise de dados secundários disponíveis nos bancos de dados da Secretaria de Administração Penitenciária (SEAP), Conselho Nacional de Justiça (CNJ), Conselho Nacional do Ministério Público (CNMP) e do Levantamento Nacional de Informações Penitenciárias (INFOPEN). Os resultados mostram que o Sistema Prisional Paraense apresenta um déficit de 5.569 vagas. Com relação aos dados da COVID-19, apresenta 666 casos confirmados, 84 suspeitos, 97 em tratamento e nenhum óbito. Foram realizados 1.500 testes para detecção da COVID-19 entre as pessoas privadas de liberdade (PPLs) e disponibilizados 55 leitos de isolamento para observação de suspeitos de COVID-19. Houve um aumento percentual dos atendimentos médicos à população carcerária do Estado do Pará nos meses de janeiro a agosto de 2020, quando comparados com o mesmo período do ano de 2019. Conclui-se que o resultado positivo da inocorrência de óbitos de PPLs aponta para uma eficiência no enfrentamento à propagação da infecção pelo novo Coronavírus no Sistema Prisional Paraense, contudo a baixa taxa de testagem para detecção de COVID-19 pode indicar uma subnotificação e desconhecimento da real dimensão da pandemia.

O cárcere brasileiro e o perfil social do sistema prisional do Maranhão

O Brasil elevou sua taxa de aprisionamento em aproximadamente 200% nos últimos 20 anos. O presente trabalho tem dois objetivos: primeiro, o de caracterizar o sistema carcerário do Brasil por estado, a partir da análise de indicadores fornecidos pelo Ministério da Justiça e Departamento Penitenciário Nacional – DEPEN. Segundo traçar o perfil socioespacial das unidades prisionais do Estado do Maranhão com base nos dados do Tribunal de Justiça e Secretaria Estadual de Administração Penitenciária - SEAP. Em consonância com outros estudos, nossos resultados apontam para o “buraco negro” que se tornou o sistema prisional brasileiro. Já no Maranhão, o aumento progressivo da população carcerária deve-se mais a uma política de repressão e criminalização à pobreza, do que a uma política capaz de reduzir as ocorrências criminais letais ou não letais.

Telematic Control and Semi-Freedom as a Response to the Pandemic: The Spanish Penitentiary System Experience

ABSTRACT In response to the pandemic that started in early 2020, prison systems around the world have adopted various strategies to prevent the spread of Covid-19 (coronavirus disease 2019). In Spain, the main strategy used by the State Penitentiary Administration against the pandemic has focused on the use of the “third degree” of prison or “semi-freedom” with telematic control (or electronic monitoring, as it is better known in the rest of the world). While in closed prisons the main measures to manage the pandemic have been focused on avoiding contact with outside, in open prisons inmates who could have introduced the virus into prison facilities due to their semi-freedom have been released and sent “home,” in order to prevent the spread of the virus. The author analyzes the data provided by the Spanish prison statistics during the pandemic, illustrating the evolution of the numbers of convicts classified in “open regime” and under electronic monitoring. At the same time, the author highlights some of the ethical and public security implications that might be posed by the quasi-massive release supported by the expansion in the use of open regime with telematic control, and some recommendations thereon are proposed.

Ascenso y caída del Supermax: cómo el modelo de prisión estadounidense y la política penal ultrapunitiva llegaron a Colombia

En el contexto del programa antinarcótico estadounidense, Plan Colombia, durante la primera década del siglo XXI, agentes especiales de la Oficina Estadounidense de Prisiones (BOP, por sus siglas en inglés) se posicionaron en el corazón de la administración carcelaria colombiana. Su tarea fue liderar una reforma profunda del sector, basada en el régimen penal ultra punitivo y sus unidades de confinamiento supermax.1 Basado en un extensivo trabajo de campo con arquitectos de cárceles, presos y otros actores de los sistemas penales de Estados Unidos y Colombia, este trabajo analiza cómo la reforma fue preparada en el terreno, arrojando luces sobre los intereses y las expectativas parcialmente divergentes de ambos gobiernos en el contexto neocolonial del Plan Colombia. Mostramos cómo, por una parte, la reforma tuvo un éxito parcial en la militarización de la vida carcelaria y en la desurbanización del sistema de prisiones, aislando espacialmente a los presos de su entorno social y familiar. Por otra parte, mostramos que la reforma eventualmente falló, por razones políticas e institucionales, al no lograr su objetivo declarado de modernizar las prisiones colombianas.Desde una perspectiva más teórica y basados en literatura reciente sobre la movilidad de las políticas y las formas arquitectónicas,3 el trabajo argumenta que la introducción de las prisiones supermax en Colombia es un llamativo caso en el que una política móvil y un tipo arquitectónico ambulante coinciden y se complementan mutuamente. También sugiere que para mejorar nuestro entendimiento de cómo el espacio es producido en la arena global, se deben considerar más sistemáticamente las interconexiones entre los circuitos de la política y las movilidades de la arquitectura.

Women Prisons in North-Eastern Thailand: How Well Do They Meet International Human Rights Standards?

Thailand has one of the highest incarceration rates of women in the world. With an increasing prison population overall as well as an increasing proportion of female inmates, the country faces one of its most challenging tasks in penitentiary administration: reforms to its legal landscape and its correctional practices in line with international standards. A response to such a crisis is to undertake a prison evaluation project to ensure proper implementation of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (also known as the ‘Bangkok Rules’). The primary objective of this research article is to assess and identify a prison model that can inspire the development of other prison facilities, while supporting a firm commitment to maintain and improve the status of current model facilities.