NCJ Number
43866
Journal
QUADERNI DI CRIMINOLOGIA CLINICA Volume: 19 Issue: 2 Dated: (APRIL-JUNE 1977) Pages: 197-214
Date Published
1977
Length
18 pages
Annotation
THE ITALIAN COUNTERPART TO PROBATION, 'AFFIDAMENTO IN PROVA AL SERVIZIO SOCIALE,' IS DEFINED AND DISCUSSED. SUGGESTIONS FOR IMPROVING THE SYSTEM BASED ON STUDY OF PROBATION IN OTHER COUNTRIES ARE OFFERED.
Abstract
ARTICLE 87 OF ITALIAN LAW 354, ENACTED JULY 26, 1975, CONCERNS THE ALTERNATIVE TO DETENTION CALLED 'AFFIDAMENTO IN PROVA AL SERVIZIO SOCIALE' (PROBATIONARY RELEASE UNDER THE SUPERVISION OF SOCIAL SERVICE). UNDER THE ITALIAN SYSTEM, THE CONVICTED PERSON IS SUBJECTED TO PERSONAL SUPERVISION IN LIBERTY, DURING WHICH HE RECEIVES GUIDANCE AND TREATMENT ACCORDING TO CONDITIONS ESTABLISHED BY THE JUDGE (THE INDIVIDUAL AGREES TO THESE CONDITIONS AND MAY EVEN BE INVITED TO ASSIST IN FORMULATING THEM). THE PERIOD OF 'AFFIDAMENTO IN PROVA' WILL BE EQUAL TO THAT OF THE SENTENCE TO BE SERVED, WHEN THE DETENTION TERM WOULD NOT EXCEED 2 YEARS AND 6 MONTHS, OR 3 YEARS FOR PERSONS YOUNGER THAN 20 OR OLDER THAN 70. THIS ALTERNATIVE CANNOT BE APPLIED IN CASES OF SPECIFIC RECIDIVISM OR FOR THE CRIMES OF ABDUCTION, EXTORTION, AND HOLDING PERSONS CAPTIVE IN CONNECTION WITH ABDUCTION OR EXTORTION. AT LEAST 3 MONTHS OF INSTITUTIONAL OBSERVATION MUST PRECEDE THE DECISION TO GRANT 'AFFIDAMENTO IN PROVA.' THE MEASURE IS ADOPTED FOLLOWING RECOMMENDATIONS OF A FOUR-MEMBER SUPERINTENDING COURT (COMPOSED OF TWO MAGISTRATES AND TWO EXPERTS CHOSEN FROM THE FIELDS OF PSYCHOLOGY, SOCIAL SERVICE, EDUCATION, PSYCHIATRY, AND CLINICAL CRIMINOLOGY) AFTER CONSULTATION WITH TREATMENT SPECIALISTS FROM INSTITUTIONS IN THE DISTRICT. SPECIFIC PRESCRIPTIONS ADOPTED, RELATIVE TO THE SUBJECT'S RELATIONS WITH THE SOCIAL SERVICE, DWELLING, FREEDOM OF MOVEMENT, PROHIBITIONS ON FREQUENTING CERTAIN PLACES, AND WORK, MUST BE SUFFICIENT TO REEDUCATE THE SUBJECT AND TO PREVENT HIS COMMISSION OF OTHER CRIMES. DURING THE FIRST 3 MONTHS OF OPERATION SINCE AUGUST 1976, THE SUPERINTENDING COURT OF THE GENOA COURT OF APPEALS GRANTED 'AFFIDAMENTO IN PROVA' TO 8 INDIVIDUALS AND DENIED IT TO 8, WHILE 39 WERE IN THE INVESTIGATORY PHASE. IN LIGHT OF THE EXPERIENCES OF OTHER COUNTRIES, THE FOLLOWING SUGGESTIONS ARE MADE RELATING TO THE ITALIAN SYSTEM: (1) DEVELOPMENT OF 'AFFIDAMENTO IN PROVA' TO INCLUDE THOSE ALREADY SENTENCED TO PRISON; (2) REALIZATION OF A MORE ACTIVE SOCIAL SERVICE STRUCTURE WHICH WOULD ENCOMPASS COMPREHENSIVE AND DECENTRALIZED SOCIAL SERVICES AND WHICH WOULD EFFECT COORDINATION BETWEEN COMMUNITY AND CRIMINAL SERVICES; (3) IMPROVEMENT OF THE OBSERVATION SERVICES SO THAT THIS FUNCTION COULD BE PERFORMED OUTSIDE THE INSTITUTIONS; (4) DEVELOPMENT OF A PROGRAM FOR ACTIVE INTERACTION BETWEEN THE SUBJECT AND THE SOCIAL WORKER APPOINTED TO THE CASE, INCORPORATING COMMUNITY ASSISTANCE AND RESOURCES AND PREPARING FOR THE SUBJECT'S SUCCESSFUL REINTRODUCTION INTO SOCIETY; (5) CLOSE EXAMINATION OF THE ABILITY OF THE SOCIAL WORKERS, NOT ONLY IN TERMS OF PROFESSIONAL CAPABILITY, BUT ALSO REGARDING MOTIVATION AND CAPACITY FOR HUMAN CONTACT AND INTERPERSONAL RELATIONSHIPS; AND (6) GREATER DISCRETION OF THE SUPERINTENDING COURT TO APPLY 'AFFIDAMENTO IN PROVA' IN CONJUNCTION WITH THE ADOPTION OF STANDARDS FOR CASE-BY-CASE CONSIDERATION (WHICH WOULD ABOLISH THE SPECIFIC RECIDIVISM AND SPECIAL CRIME PRECLUSIONS). A BIBLIOGRAPHY IS APPENDED. --IN ITALIAN.