Current issues, penitentiary treatment problems and prospects after law 81/2014

The regulatory changes that led to the closure of the Italian forensic psychiatric hospitals (OPGs) and the establishment of the residencies for execution of security measures (REMS) have led to significant legal and care-related changes.The legislator’s decision not to change the Penal Code, the Code of Criminal Procedure, as well as the Penitentiary Code, has determined criticalities, also in light of the lack of adequate standards, with the consequence of management difficulties and possible risks for patients and community. In this context the authors will discuss the clinical and legal implications of the limitation of the maximum duration of the custodial security measures, the issues related to the non-replacement of some OPG functions by the REMSs (treatment of severe psychic infirmity occurring in the convicted), and their possible solutions