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Caserta – Passed in principle, failed in financial coverage and policy coherence. The new legislation on therapeutic home detention sends a signal of openness toward inmates suffering from drug addiction, but reignites the debate over the management of the prison emergency.
The one who raised the greatest doubts was Don Salvatore Saggiomo, Guarantor of the Rights of Persons Deprived of Personal Liberty of the Province of Caserta, who, while welcoming the measure on both a humane and legal level, pointed to the evident contradictions of the executive branch.
The reform addresses a structural problem in the Italian penitentiary system. Currently, out of a total population of 64.773 inmates nationwide, nearly a third—approximately 20.000 people—face addiction-related problems. In Campania, the picture is similar: out of 8.046 inmates in regional institutions, 2.125 are drug addicts (26,41%).
"Recognizing drug addiction as a disease requiring treatment, rather than simply a vice, represents a significant step forward in implementing Article 27 of the Constitution," explains the Caserta Ombudsman. "The data demonstrate that this situation can no longer be addressed solely through punitive measures."
The criticism raised by Don Saggiomo concerns the communication-action approach adopted by the Ministry of Justice. Until recently, Minister of Justice Carlo Nordio downplayed the extent of the prison emergency, a position contradicted by the introduction of a measure specifically designed to reduce overcrowding.
But the real obstacle risks being financial. According to ministerial estimates, the pool of potential beneficiaries stands at around 10.000. The financial resources currently allocated, however, would only cover 800 treatment programs.
Without a significant increase in funding for local health authorities (ASL), SerD (Serv), therapeutic communities, and External Penal Enforcement Offices (UEPE), the real risk is that expectations will be created without practical evidence. For the Caserta Authority, the only solution remains a comprehensive investment in healthcare personnel, psychologists, educators, and external facilities.
Furthermore, Don Saggiomo urges Parliament to consider a further short-term deflationary measure: a targeted intervention for the more than 8.000 inmates with less than a year remaining in their sentences, a measure that would provide immediate relief to prisons.
"We can't deny the emergency one day and propose tools to address it the next," concludes Don Saggiomo. "The Italian penitentiary system needs consistency, resources, and political courage. Only in this way can the new law become a real opportunity for reintegration, not yet another half-baked reform."
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