Justice

Drug addicts and alcoholics: house arrest has been an option since 21 August

Who is eligible, how to apply, the treatment programme to follow, and the conditions under which eligibility may be withdrawn. All the details of the new regulation

by Anna Mulassano

8 August 2026

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4' min read

Translated by AI

Versione italiana

4' min read

Translated by AI

Versione italiana

The possibility for people with drug or alcohol addictions to serve a custodial sentence under house arrest at specialised facilities for the treatment and rehabilitation of drug and alcohol addictions. Furthermore, the repeal of paragraph 6-bis of Article 8 of Law 112/2024, which authorised a maximum annual expenditure of five million euros to increase the annual quota of places available in these facilities. These are some of the main provisions of Law 140/2026, containing ‘Provisions on home detention for the rehabilitation of drug- or alcohol-dependent prisoners”, published in the Official Gazette on 6 August.

The parties involved

Effective from 21 August, the provision stipulates that, where the conditions for probation are not met, if the custodial sentence – including any remaining term and where combined with a fine – does not exceed eight years, the person concerned may, at any time, apply to be admitted to home detention at specialist facilities for the treatment and rehabilitation of drug and alcohol addiction.

The remaining sentence is reduced, however, to four years if the enforcement order relates to offences under Article 4-bis of Law 354/1975, which includes, amongst others, offences committed for the purposes of terrorism, including international terrorism, or the subversion of the democratic order. The offences of aggravated robbery and aggravated extortion, whilst falling within the scope of Article 4-bis of Law 354/1975, carry a maximum sentence of eight years rather than four.

It is possible, on the basis of a semi-residential social rehabilitation programme, to apply for admission to house arrest at a suitable location other than a specialised facility. In this case, however, this option is not available to those who have committed the disqualifying offences set out in Article 4-bis of Law 354/1975, with the exception of aggravated robbery and aggravated extortion.

The process

The application submitted by the applicant must be accompanied by details of the link between the addiction and the offence committed, the treatment programme and an assessment confirming the applicant’s actual and current state of addiction. The programme must also be suitable for the applicant’s rehabilitation. If the treatment programme is already underway and its continuation is requested, an assessment must also be provided of the programme’s progress and its suitability for the purposes of the individual’s rehabilitation and reintegration into society. This also applies in relation to psychiatric and toxicological comorbidity. The application is granted if the court considers that the programme contributes to the applicant’s genuine recovery and prevents the risk of them committing further offences.

The manager of the facility is responsible for submitting to the public addiction service and the external criminal enforcement office with jurisdiction over the area a half-yearly report on the implementation of the programme. At all times, it shall be their responsibility to report any breaches to the judicial authority, including for the purposes of revoking house arrest. Upon completion of the programme, even if this is due to the participant’s withdrawal, the Probation Service shall submit a final report to the judicial authority.

If the programme is not successfully completed, the probation court will revoke house arrest, unless the report shows that the unsuccessful outcome was not accompanied by any breaches of the conditions. In this case, it is possible to request, no more than twice, a transfer to another facility. The revocation of house arrest is also ordered where the individual’s conduct, contrary to the law or the conditions imposed, is incompatible with the continuation of the measure itself, or in the event of the individual leaving the place of detention. If the programme is revoked due to a breach of the conditions, the remaining sentence cannot be served under any other measure.

If, on the other hand, the treatment programme is successfully completed, the supervisory judge may order probation under the supervision of social services or house arrest. In addition to the provisions for those who have already been convicted, the law also provides for the possibility of early settlement of the case for defendants who are drug or alcohol dependent and awaiting trial. The defendant may therefore request a custodial sentence to be served directly under the terms of residential home detention. The custodial sentence, in this case too, may not exceed eight years, which is reduced to four in the case of offences precluding early release (with the usual exceptions for aggravated robbery and aggravated extortion). If the request is admissible, the defendant is granted 60 days to produce documentation regarding the treatment programme: during this period, the terms of pre-trial detention are suspended. This option, however, does not apply to offences listed in Article 444(1-bis) of the Code of Criminal Procedure, nor – if the sentence exceeds two years – to anyone who has been declared a habitual offender, a professional offender, an offender by propensity or a repeat offender.

The app

The Act may be applied to proceedings and trials pending on the date of its entry into force, namely 21 August, with the exception of those in which a first-instance judgment has already been handed down. The defendant may also make such a request in criminal trials currently at the trial stage where, as at 21 August, the time limit laid down in Article 446(1) of the Code of Criminal Procedure, which governs requests for the imposition of a sentence, has expired. At the request of the defendant, who provides evidence of their addiction, the trial is suspended for at least 45 days to assess the possibility of requesting the imposition of detention in a treatment facility. During this period, the limitation periods and the duration of pre-trial detention are suspended. Finally, Article 656 of the Code of Criminal Procedure, which governs the enforcement of custodial sentences, is amended.

To implement the provisions of the Act, a fund has been established, with an annual allocation of 19,436,250 euros from 2026 onwards.