The bill qualified as a modification of several rules in the penitentiary and penal field it incorporates an unprecedented innovation in Andorran legislation: the regulation of forced medical treatments for inmates of the penitentiary center. The text establishes, for the first time, in which circumstances a health treatment may be administered without the prisoner’s consent and establishes a procedure with judicial guarantees to protect both the rights of the inmates and their health and that of third parties. The reform, however, goes much further and also introduces outstanding changes in the temporary prisonthe prison benefitsthe half freedom and the disciplinary regime.
The law extends prison benefits, makes parole more flexible and strengthens procedural guarantees
The new regulation starts from the beginning than any health treatment requires the informed consent of the intern. However, it provides for exceptions when it is not possible to know their will or when one exists risk to your life or health or the safety of third parties. In these cases, the treatment may be administered even if the affected person opposes it, as long as it can be carried out in prison.
The legislative text eliminates social alarm and reduces provisional prison terms
The decision, however, will not be left exclusively in the hands of the prison administration. The director of the penitentiary must request prior authorization from the guard of the civil jurisdiction, providing a medical report that proves the need for the intervention. The judge will have to travel to the penitentiary center, listen to the inmate, his lawyer and the Fiscal Ministry and decide within a maximum period of twenty-four hours whether or not to authorize the treatment. Only in emergency situationswhen the delay may endanger the life or health of the inmate, the director may order theimmediate applicationalways with a prior medical report, and the batlle must subsequently ratify the decision.
Inmates will be able to reduce their sentence further and gain access to supervised parole earlier
the law also regulates the cases in which theinvoluntary internment of an inmate in a health facilityespecially for mental health reasons. In these cases, a judicial resolution will also be necessary, after listening to the affected person, their lawyer and the Fiscal Ministry and to obtain a medical opinion. If there is a medical emergency, the transfer can be carried out immediately, but must be subsequently ratified by the judge within the stipulated time limits. Throughout the procedure, the intern will be guaranteed legal assistance.
Beyond this regulation, the reform incorporates other weight modifications. One of the main concerns the provisional prison. The text eliminates the concept of “social alarm” as a reason for agreeing to this precautionary measure i reduces the duration of several of the planned extensions both during the investigation and once the case reaches the trial court or is on appeal. The aim is to adapt the legislation to international standards and strengthen procedural guarantees.
The project also expands the prison benefits linked to reintegration. Inmates who effectively and satisfactorily follow therapeutic, reintegration or resocialization programs may obtain a reduction of up to four days of sentence for each completed monthwhile the rest of the inmates can continue to reduce up to three days per month. It is an increase with respect to the current regime and aims to encourage the active participation of prisoners in rehabilitation programs.
The reform makes it more flexible also theaccess to the regime of semi-liberty. Convicted persons may request it after having served half of the sentence, while in the case of crimes considered more serious it will be necessary to have served two thirds. The text also establishes that the tworks of public interest that can be developed during this regime will have to be defined by regulation and maintains the possibility of subsequently accessing the parole in the terms provided by law.
In the disciplinary field, the new regulations strengthen the guarantees for inmates. Disappears the penalty consisting of the deprivation of telephone communications and the isolation of minors is further limited, which can only be applied exceptionally for security reasons. In addition, any punishment of solitary confinement will require a favorable report from a physician external to the penitentiary center and a daily medical follow-up. During this period, inmates will retain the the right to communicate by telephone and electronically and to receive visitors as long as this does not pose a safety risk.
