Online first: 13 dicembre 2021

Abstract: The transition from the old model of the Judicial Psychiatric Hospitals to the reformed system of the Rems (territorial residences for the execution of detention security measures) has produced an imbalance between demand and availability of these places, thus creating the phenomenon of so-called waiting lists. This phenomenon has been the subject of an referring order to the Constitutional Court from the preliminary investigations judge of Court in Tivoli with which it is contested the provision which excludes the Justice Department from the implementation of the security measures. After analyzed critically the arguments at the base of order is evaluated the possibility of dealing with the request for the implementation of custodial security measures, as required by Law n. 81/2014, through a continuous work to improve the network that involves the judiciary and mental health service.