By Anita Bonfiglio (researcher, L’Altro Diritto), Maria Cristina Frosali (researcher, L’Altro Diritto) and Sofia Ciuffoletti (coordinator, L’Altro Diritto).
In Italy, a new alternative to imprisonment allows prisoners with certified drug addiction or alcohol dependence to follow treatment and rehabilitation programmes in designated healthcare facilities outside prison. However, limited funding and a shortage of places in community facilities means that ist impact may remain mainly symbolic.
On 21 August 2026, a law introducing a new alternative measure to imprisonment, called „home detention in special cases“ (detenzione domiciliare in casi particolari) entered into force (Law No. 140 of 5 August 2026). The new Article 94-ter of the Consolidated Law on Drugs (Testo Unico sugli Stupefacenti) allows persons with certified drug addiction or alcohol dependence to access therapeutic and socio-rehabilitative programmes outside prison. The new measure is available to persons serving a custodial sentence, including a residual sentence, of no more than eight years. This limit is reduced to four years where the person has been convicted of an offence listed in Article 4-bis of the Penitentiary Act (including mafia-related crimes, terrorism, murder, rape). The new measure may apply where the conditions for the so-called therapeutic probation measure, which has long been provided for in the Italian legal system under Article 94 of the Consolidated Law on Drugs, are not met.
The distinctive feature of the new measure is that it cannot be implemented at any suitable address chosen by the person concerned, but only in a public residential facility of the National Health Service specialising in the treatment and rehabilitation of drug addiction or alcohol dependence, or in an accredited private facility, pursuant to Article 117 of the Law n. 309/1990.
To apply for the measure, the applicant must submit information on the link between the drug addiction or alcohol dependence and the offence, a therapeutic programme aimed at their recovery, and an assessment confirming their current condition of drug addiction or alcohol dependence and the suitability of the therapeutic programme. The court grants the application if it considers that the programme contributes to the applicant’s actual recovery and prevents the risk of further reoffending. The conditions imposed must include requirements on the manner in which the programme is to be carried out.
The main concerns regarding the new measure relate to the insufficient financial resources allocated. Although the Government estimated that 10,000 people could benefit from the new measure, the funding appears insufficient to cover more than a small number of therapeutic programmes. At the same time, existing local community facilities already have limited places. This measure therefore risks having only a symbolic impact unless it is accompanied by an expansion of public and private addiction-treatment services.
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