The impact of AI on the prison system. The reeducation of prisoners

This contribution revolves around the analysis of the Recommendation of the Committee of Ministers of the Council of Europe of 09 October 2024, CM/Rec(2024)5, in which for the first time this body questioned the effects, both beneficial and pathological, of a gradual introduction of artificial intelligence systems in the prison world. First of all, these are seen as methods that do not replace human beings, but rather as means of enhancing human activities, precisely because they can have a positive impact on the control and surveillance of inmates, by assisting prison staff. The Recommendation deals with two topics that, in the writer's opinion, are particularly pregnant: (i) the concept of cognitive BIAS applied to artificial intelligence; ii) the role that artificial intelligence can play in the resocialisation of offenders after release. It is precisely on this second point that the author's attention will focus, as she has always been interested in the constitutional face of punishment in her own reference system, the Italian one, in which the third paragraph of Article 27 of the Constitution stands out clearly. In spite of the risks that AI may entail in its very wide field of application, however, the Committee of Ministers highlights how technology can easily put prisoners in touch with their families and their social context of reference, through the use of suitably prepared platforms. Moreover, AI techniques can also be used to identify a risk of recidivism in the commission of offences: this too, however, must take place in the light of a balanced and in any case human control, since human relationship and assessment cannot be easily replaced by a machine without ‘human’ reasoning, but only technical reasoning. Furthermore, the dissertation here focuses on the practical application of artificial intelligence systems in European prisons: a striking example is the Finnish case, a country that was the first to conceptualize, design, and implement artificial intelligence assistants to support the lives of prisoners, but above all, to aid in their re-education and social reintegration.