Case Spotlight: Chile
Jaime Gajardo Falcón, Minister of Justice and Human Rights,
Chile
At the Ministry of Justice and Human Rights of Chile, we have developed a new Prison Policy to guide our long-term, sustainable strategic decisions. To this end, we have considered assessments and proposals from various stakeholders, as well as national and international evidence on best practices. This policy is structured around four key pillars: social reintegration, security and custody, prison staff, and infrastructure, all underpinned by a cross-cutting commitment to respect for human rights.
Based on a comprehensive analysis of the prison system, we identified key challenges and objectives within each of these pillars to strengthen an integrated approach that addresses the root causes of existing gaps.
One of the most pressing security concerns is the state of the prison system. Overcrowding in several facilities, deteriorating infrastructure — or the lack thereof — and the evolving nature of criminal activity among individuals entering the system by court order all contribute to risks both inside and outside correctional facilities.
Currently, the majority of prisons are overcrowded, meaning their occupancy exceeding 100% of their intended capacity, several facilities face severe overcrowding, with occupancy reaching or
exceeding 200%. Across 81 correctional facilities, the average occupancy rate stands at 140.5%, with a total population of over 59,000 incarcerated individuals.
During this period, the country has rehabilitated 1,844 places and created 483 new ones, significantly improving prison capacity. This is part of a prison infrastructure Master Plan designed to improve living conditions, prevent security issues and create better opportunities for social reintegration.
The Master Plan is based on a comprehensive analysis of the prison system, including the identification of current capacity deficits, projected growth in the prison population, and the deterioration of infrastructure.
The plan evaluates system efficiency in terms of facility size and population segmentation, with particular attention to individuals linked to organised crime, who require specific security measures.
Additionally, it examines the feasibility of ensuring basic services in new facilities and emphasises inter-institutional collaboration with local communities to reduce opposition to the construction of new sites in different regions.
To address these challenges, the plan envisages bringing into operation completed buildings not yet in use, repairing disused facilities, expanding and increasing the capacity of existing sites,
and constructing new ones. It also outlines a set of initiatives considered necessary, although not yet financed, as they must go through the full approval process within the framework of the
national budget. Nevertheless, these initiatives are being proposed with preliminary studies to support future decision-making by subsequent administrations.
With these measures, by 2030, an estimated US$ 1,261 million will have been invested in prison infrastructure, creating more than 12,600 new places. Currently, there are around 60,000 incarcerated individuals, while the system’s capacity is designed for 42,000, with all the problems that this implies.
Moreover, if current trends and sentencing practices continue — with limited use of parole and alternative measures to imprisonment — the prison population is projected to exceed 73,000 by 2030. In order to address this anticipated deficit, 11 new projects have been proposed, which would add 14,494 additional spaces, bringing the total new capacity to 28,850.
To advance prison infrastructure development, Chile has utilized legal provisions to amend municipal regulatory plans and streamline bureaucratic procedures. As part of the updated infrastructure plan, we have adopted a concession system within the public-private partnership model. This approach combines private sector involvement in the construction and operation of complementary services, while the state maintains responsibility for security and social reintegration.
Private sector participation has proven effective in the construction, maintenance, and provision of complementary services such as food and laundry, contributing to the overall improvement of the prison system. Additionally, recent tenders have introduced enhancements in medical services, with an expanded focus on psychiatric care, given its crucial role within the correctional system. The state closely monitors compliance with established standards across all areas managed by the private sector.
The construction of more prisons, if anything, is a necessary but insufficient measure to tackle crime. Incarceration may temporarily remove offenders from society, but it also poses significant challenges to successful reintegration. Research shows that non-custodial sentences, combined with supervision and social support, are more effective in reducing recidivism.
Therefore, beyond expanding prison capacity, we insist that it is necessary to strengthen alternative sentences, access to support within prisons and parole as mechanisms to support social reintegration. We hope that the different sectors will join this perspective and not only postulate more imprisonment.
Advertisement
