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In the year 2001, the Risk Assessment Pilot Program was implemented in Argentina with the aims of establishing a systematic manner of assessing risk for violent recidivism in conditional release candidates and contributing to the design of intervention programs that help to reduce the criminal recidivism rate. The baseline assessment showed that conditional release candidates had a high-risk profile: 72.5% had severe or moderate substance abuse problems; 62% had failed in previous probation, conditional release or discharge from a mental institution; 85% had serious or moderate employment problems before incarceration. Individuals who were substance abusers were incorporated to the Drug Abuse Biochemical Control Program. Variations in dynamic factors were assessed with conditionally released subjects. Some encouraging results were obtained through December 2003 and their initial impact on judicial and penitentiary institutions is already seen.

South America is a heterogeneous continent, with diverse prison realities. Its prison population is estimated at 600,000 inmates, of whom 10,000 are declared insane. Physical and mental health care supplied to the inmates is precarious and preventive programs in progress are rare. The authors’ comment on the Roman Law tradition and describe the situation in Brazil and Argentina, from the point of view of their legal backgrounds. They also consider the kind of mental health resources found and the types of treatment offered, mainly in Forensic Psychiatric Hospitals. Their conclusion emphasizes the need to improve the conditions of penitentiaries in South America, which, because of their deficiencies, often violate the human rights of prisoners.