Bonafede's proposal to the Council of Ministers: within 15 days, the release of bosses from prison will be re-evaluated

Prima valutazione del tribunale di sorveglianza dopo quindici giorni dal provvedimento di scarcerazione legato al Coronavirus.

“When those convicted and interned for the crimes referred to in Articles 270, 270-bis, 416-bis of the Criminal Code and 74, paragraph 1, of the Presidential Decree of 9 October 1990, n. 309 or for a crime committed by taking advantage of the conditions or with the aim of facilitating mafia association, as well as those convicted and interned subjected to the regime provided for in Article 41-bis of Law 26 July 1975, n. 354 are admitted to house arrest or benefit from the deferral of the sentence for reasons related to the COVID-19 health emergency, the supervisory magistrate or the supervisory court that adopted the provision, having obtained the opinion of the District Anti-Mafia Prosecutor of the place where the crime was committed and of the National Anti-Mafia and Anti-Terrorism Prosecutor for those convicted and interned already subjected to the regime referred to in the aforementioned Article 41-bis, evaluates the permanence of the reasons related to the health emergency within fifteen days of the adoption of the provision and, subsequently, on a monthly basis", reads Article 2 of the text. "The evaluation is carried out immediately, even before the expiry of the terms indicated above, in the event that the Department of Penitentiary Administration communicates the availability of penitentiary facilities or protected medicine departments adequate for the health conditions of the prisoner or internee admitted to house arrest or to benefit from the deferral of the sentence", it reads. And, before proceeding with the release, "the judicial authority consults the regional health authority, represented by the President of the Regional Council, on the local health situation and acquires information from the Department of Penitentiary Administration regarding the possible availability of penitentiary facilities or protected medical departments in which the convicted person or the internee admitted to house arrest or to benefit from the deferral of the sentence can resume detention or internment without prejudice to his health conditions.