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The prison administration and
judicial youth protection
Executive summary
2022 Annual Public Report
2
Like other administrations, the prison administration department (DAP) and the
directorate for judicial youth protection (DPJJ) were ill-prepared to manage a crisis of the
magnitude of the covid 19 epidemic. However, they managed to maintain continuity of service,
albeit in a degraded form.
The establishment of business continuity plans for the services under their jurisdiction
had generally not been completed at the beginning of 2020. The organisation of crisis
management also suffered from the weakness of the Ministry's General Secretariat in the face
of the "business" departments and their unequal involvement in the monitoring and anticipation
unit. In the field, the representatives of the defence zone courts of appeal encountered
difficulties in coordinating all of the Ministry's services. These organisational weaknesses
resulted in high coordination costs for the services, which in particular had to provide often
redundant information for different levels of decision-making.
In this context, service continuity was ensured at the cost of adapting
operating methods in closed environments and sharply reducing
activities in open environments.
In closed environments, the prison administration accelerated the release of prisoners
with light sentences and those with the best chances of reintegration. With the decrease in the
activity of the courts, this policy helped reduce the prison population by 17 % between January
and July 2020. The occupancy rate of penal institutions thus fell from 116 % before the crisis
to 97 % on 1 July 2020, which facilitated the implementation of health measures.
Interactions with the outside world were also limited. In open environments, the Prison
Rehabilitation and Probation Services prioritised the monitoring of those persons considered
to be the most dangerous or the most vulnerable. In addition, the DPJJ's activities involving
educational follow-up, integration and the investigation and decision-making work of judges
were greatly reduced.
These measures, which were comparable to those implemented in neighbouring
European countries, helped protect the health and safety of officers and offenders alike. They
were carried out without any budgetary slippage.
However, the crisis brought to light several shortcomings which the
Ministry of Justice must address.
The Ministry’s internal organisation showed some limitations. These resulted in particular
in DPJJ educators having difficulty accessing the minors’ wings of penal institutions; they also
led to poor coordination between the services responsible for judicial extractions and the
courts. These difficulties highlight the need to set up local crisis units to improve coordination
between the courts and the decentralised services of the Ministry of Justice.
Partnerships also need to be strengthened. Indeed, the DPJJ's services suffered from
the cessation of the activities offered in their facilities by National Education during the first
lockdown. They also suffered from the sharp decline in the activity of vocational training bodies,
whose participation in the reintegration of young people is essential.
Lastly, health prevention efforts proved to be insufficient. The preventive medicine
network provided little support to facility managers. At their request, health measures for staff
were put in place by internal health units, attached to hospitals, whose mission is to monitor
detainees, not the officers of the administration.
3
In addition, two choices inherent in the policy implemented by the Government to deal
with the crisis accentuated the operational difficulties of the DAP and DPJJ services. On the
one hand, their officers were not identified as priorities for child-care. On the other, the
vaccination strategy rolled out on 27 December 2020 also did not identify prison environments
as priority targets. That said, the characteristics of closed environments, combining deprivation
of liberty and difficulty implementing preventive measures, should have led to them being
prioritised.
Audit recommendations
The Court is making the following audit recommendations:
1.
set up local crisis units bringing together the heads of the Ministry of Justice's decentralised
services and heads of court
(SG -Ministry of Justice);
2.
define a proactive covid 19 vaccination strategy aimed at extending vaccination as much
as possible to prison officers and inmates (
services of the prison administration department
[DAP], Directorate for judicial youth protection [DPJJ]
);
3.
improve coordination between the preventive medicine network and the Ministry's
"business" departments by developing a protocol specifying each stakeholder's missions,
particularly in terms of crisis management
(SG- Ministry of Justice);
4.
develop a partnership approach to crisis preparedness, at the local level, guaranteeing the
participation of those involved in education and training in service continuity
(DPJJ)
.