1. The Spanish Prison System Laura Negredo Research & Evaluation Center John Jay College of Criminal Justice March 8, 2014 Beyond the Bars, 4th Annual Conference Columbia University School of Social Work

2. The Spanish Prison System General information Prison population Types of custody, facilities and staff Prison work and education Treatment programs Penitentiary benefits Prison discipline Judicial oversight

3. General Information  Dictatorship (1939-1975)  1978-Spanish Constitution and first democratic government  1979-General Penitentiary Law “The imprisonment and security measures shall be aimed at re-education and social rehabilitation and may not involve hard labor. The person serving a prison sentence shall enjoy fundamental rights except those expressly restricted by the content of the sentence, the sense of punishment and the Penitentiary Law. In any event, he will be entitled to a paid job and Social Security benefits and access to culture and the integral development of his personality” Spanish Constitution (Art 25.2 ) 18 and over- Adult Correctional System 14 to 17- Juvenile Justice System 13 and under- not criminally responsible Adult Correctional System National Department of Corrections Catalan Department of Corrections

4. Prison Population Data Source: Spanish Department of Corrections Profile Low level of education and professional qualification 75-80% Drug use before imprisonment (PND, 2006; 2011) 4.2% Psychotic disorder 7.8% Major depressive disorder (PRECA, 2011) 31.6% foreigners (SGIP, 2013) 7.7% women (SGIP, 2013) Property crimes (men) and Drug trafficking (women) (SGIP, 2013) Spain’s prison population rate is 147, high compared to other European countries, e.g. France (98), Italy (106) (ICPS, 2013)

5. Types of Custody Ordinary (81.5%) -Second degree -General activities -Up to 36 days of leave per year Open (16.3%)-Third degree -Daytime-work/study outside -Up to 48 days of leave per year + weekends Closed (2.2%) Data Source: Spanish Department of Corrections (Jan, 2014) -First degree -High risk or maladjustment -20 hours per day in the cell Types of Correctional Facilities Ordinary Correctional Facilities Social Integration Facilities Dependent Units Mothers Units Family Unit Prison Psychiatric Hospitals Prison Staff Jurists, Psychologists, Sociologists, Educators, Social workers, Health personnel, Security personnel

6. Prison Work and Education Vocational training Around 40% of the prison population work in production workshops Formal education Prison workshops Metalwork Woodwork Industrial clothing Laundry Bakery Waste recycling Renewable energy

7. Treatment Programs Domestic violence Sex offenders Drug-dependency Foreign prison population Suicide prevention People with physical, sensory or intellectual disability Young prisoners Conflict resolution Comprehensive care for the mentally ill Women Respect Units Reentry Programs What works?Recidivism without treatment Recidivism after treatment Sex offenders (Cataluña, 2006)18.2%4.1% Domestic Violence offenders (SGIP, 2013) 20-30%4.6%

8. Penitentiary Benefits Ordinary leaves: –Second Degree or Third Degree+ ¼ sentence completed + good behavior Extraordinary leaves Parole: –Ordinary: Third Degree + ¾ sentence completed+ good behavior –Extraordinary: Third Degree + 2/3 sentence completed+ good behavior –Humanitarian: for seriously ill and 70+ In 2013, 115,760 ordinary and extraordinary leaves were granted. More than 27,000 inmates benefited from them

9. Prison Discipline  Reprimands  Suppression of recreational acts  Limitations of communications  Suppression of leaves up to 2 months  Solitary confinement Solitary Confinement -Maximum 14 days -Violent behavior or alteration of daily life -Cells-same characteristics as any other cell in the facility -Daily medical follow-up -No for pregnant women, women who gave birth 6 months before, or nursing mothers with children

10. Judicial Oversight: Penitentiary Surveillance Courts Goal: Protection of inmates’ rights Competent for: –Control of the execution of the sentence –Approval of proposals of parole and revocations –Approval of proposals to shorten the sentence –Approval of solitary confinement over 14 days (exceptional cases) –Resolution of inmates’ complaints on initial classification, progression or regression of level –Resolution of inmates’ complaints on the use of disciplinary sanctions –Resolution of inmates’ complaints on fundamental rights or penitentiary benefits –Approval of leaves superior to 2 days, except for prisoners classified as third degree –Periodic visits to the correctional facilities More than 50 Penitentiary Surveillance Judges oversee the Prison Administration throughout the country

11. Highlights Achievements: –Motivated and well-trained staff –Rehabilitative emphasis –Judicial control Need for: –More reentry programs –More research –More inmates should be on open regime and parole