The aim of this Handbook is to bring together the various causes and consequences of overcrowding and emphasizes the wide range of strategies that may be
applicable across the prison system itself and across broader criminal justice and
governance systems, depending on the particulars of a given situation. It illustrates
the various strategies with cases drawn from operational experience and examples of
practical measures which have achieved effective results and could be a source of
inspiration for other countries.
The Handbook has been designed to appeal to a broad readership ranging from
policymakers to practitioners. The intention is to promote a common understanding
of the different interests, concerns and perspectives with regard to overcrowding, to
advance the establishment of common conceptual frameworks and, as a result, to
pave the way for coherent and applicable strategies that are designed to address
overcrowding in a comprehensive manner. In the ICRC’s experience, small but
coordinated steps by a range of actors can make a real difference to the resolution
of complex problems.
Foreword by
the International Committee of the Red Cross (ICRC)
Acknowledgements
INTRODUCTION
PART I.
BACKGROUND
CHAPTER A
PRISON OVERCROWDING WORLDWIDE
Overview.
The impact of overcrowding in prisons. Broader consequences of excessive
imprisonment
CHAPTER B
CAUSES OF OVERCROWDING IN PRISONS
Imprisonment
rates and crime trends. Underlying causes: socio-economic and political factors.
Obstacles and delays in accessing justice. Excessive pre-trial detention.
Punitive criminal justice policies. Drug control policies . The inappropriate
use of imprisonment. Inadequate use of alternatives to imprisonment.
Inefficient measures to promote social reintegration. Breaches of early
conditional release and probation orders. Crisis overcrowding. Inadequate
prison infrastructure and capacity
PART II.
STRATEGIES TO REDUCE OVERCROWDING IN PRISONS
CHAPTER A
Developing comprehensive, evidence based strategies and gaining public support.
Fair social policies and crime prevention. Political will and comprehensive
criminal justice reform strategies. Evidence-based policies responding to
individual country needs. Gaining public support
CHAPTER B
REDUCING THE SCOPE OF IMPRISONMENT AND DEVELOPING FAIR SENTENCING POLICIES
Decriminalization
and depenalization. Imprisonment of children as a measure of last resort .
Removing mandatory minimum sentencing provisions. Restricting the use of life
sentences . Rationalizing other sentences. Introducing alternatives to
imprisonment. Taking prison capacity into account in the enforcement of
pre-trial detention or prison sentences . Reforming legislation and policies
relating to drug offences. Reducing the imprisonment of people with mental
health care needs. Compassionate release and national pardoning mechanisms.
Amnesties
CHAPTER C
IMPROVING THE EFFICIENCY OF THE CRIMINAL JUSTICE SYSTEM
Building
the capacity of criminal justice actors. Improving cooperation mechanisms
between criminal justice agencies. Simplifying and speeding up the criminal
justice process. Improving prisoner data management systems. Improving
transparency and accountability
CHAPTER D
ACCESS TO LEGAL ASSISTANCE AND LEGAL AID
Access to
legal counsel during pre-trial detention. Access to legal counsel during trials.
Access to legal counsel post-sentencing Strengthening access to legal aid
mechanisms. Legal awareness and legal empowerment
CHAPTER E
REDUCING PRE-TRIAL DETENTION
Reducing
pre-trial detention: pre-charge. Reducing pre-trial detention: post-charge.
Diversion from the criminal justice system. Reducing the duration of pre-trial
detention. Economic considerations
CHAPTER F
ALTERNATIVES TO IMPRISONMENT
Overview.
Targeting. Measures to encourage courts to use alternatives. Which
alternatives?. Post-sentencing dispositions. Special categories. Organization
and infrastructure. Building a consensus to implement alternatives to prison.
Economic considerations
CHAPTER G
ASSISTING WITH SOCIAL REINTEGRATION AND REDUCING REOFFENDING
Social
reintegration in overcrowded prisons. Promoting social reintegration as a
long-term strategy to reduce overcrowding. Post-release support and the role of
the community. Economic considerations
CHAPTER H
MANAGING PRISON CAPACITY
Assessment
and planning. Deciding strategy. Maximizing the use of existing prison capacity.
Development of a master plan. Management strategy for the prison system. Key
planning principles
CHAPTER I
ACTION PLAN TO REDUCE PRISON OVERCROWDING
Assessment.
Short-term strategies. Short to medium-term strategies Medium to long-term
strategies. Long-term strategies
TERMINOLOGY
BIBLIOGRAPHY
AND FURTHER READING
UNODC
UNODC (2013). Handbook on strategies to reduce overcrowding in prisons. United Nations Office on Drug and Crime. Handbook on strategies to reduce overcrowding in prisons (unodc.org)
