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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The Ministry of Justice in England and Wales are considering how we could incentivise prisoners to engage with the prison regime and rehabilitative services, including whether this could form part of the criteria for an earned release scheme (giving prisoners the opportunity to earn their release from prison before their automatic release point, contingent on certain criteria being met). We would be interested in finding out whether an earned release scheme operates in your prison system and, if so, would be interested in knowing the following:
In case of sentenced inmates, a conditional release is generally possible after serving at least half of the sentence and is ruled by law (§ 46 StGB). Therefor an application must be made automatically by the prison shortly before the date of half of the sentence according § 46 (1) StGB and shortly before the date of two third of the sentence according § 46 (2) StGB. An individual application by the inmates themselves is generally possible at any time (but after at least serving half of the sentence). The application contents normally several relevant reports of the different professionals about the individual attitude to the crime and – on the one hand – about the time inside the prison, e.g. disciplinary sanctions, social/familiar contacts and visits, work certificates, confirmations of (successful) participation in therapies and/or education and training offers, as well as – on the other hand - mulitprofessional reports about the situation outside the prison after release regarding accommodation, employment as well as proposals about recommendations for probation service, therapies, perspectives, etc. In addition, since 2008 for sentenced inmates from foreign countries it is possible to be released earlier after serving at least half or two third of the sentence, if they have a prohibition of entry or stay in Austria legally (proven by a legal document of the Foreign Police) and they express their willingness to leave the country after prison and not coming back as long this prohibition is officially maintain (§ 133a StVG). In case of inmates under an involuntary commitment order (§§ 21 (2), 22 StGB, which means sentence + measure), after serving the part of the sentence an application must be made by the prison automatically yearly (§ 47 StGB). An individual application by the inmates themselves is after serving the sentence generally possible at any time. Beside all this, an early release is also possible in form of an act of grace of the Federal President. However, this form of release is more and more rarely. There are no further alternative means to engage prisoners with the prison regime and rehabilitative services which could form part of the criteria for an earned release scheme.
What institution, and which individual within that institution, takes the decision to release an offender early?The local responsible Execution Court and in case of an act of grace the Federal President
Are there individuals or groups of individuals that are not eligible for earned release?no
How has the scheme been received by the public, offenders, and the criminal justice system in general?In Austria conditional release is a common practice.
Has there been any work done to evaluate the effects of the earned release scheme in your country?yes
If so, what type of evaluation has been done?Survey Big judges (2010/2011) joined project with MS Germany and the Netherlands, Austrian representative the institute for the sociology of law and criminology. The outcome of the project underlined the common practice but also points out that it always depends on the final decision of the judges.
Has there been any proven effects on recidivism from the earned release scheme in your country?no
In our country it is possible to get three options of conditional releases, meant as earned release. They are defined in the Enforcement of Criminal Sanctions Act. The offender, who has served one half of his or her sentence of imprisonment (1/3 in special circumstances), may be released from a penal institution under the condition that until the term, for which he was sentenced, has elapsed, he or she does not commit another criminal offence. The offender, who has been sentenced to over fifteen years of imprisonment, may be released on parole after he has served three quarters of the sentence. Conditional release could also be ordered with protective supervision, to appoint a supervisory officer as proposed by the competent social centre and as selected from the social centre's professional staff or other persons qualified for the duty of supervisory officer and consenting to their appointment to carry out protective supervision. If the convicted person violates the agreement or fails to perform the tasks given to them in the context of conditional release with protective supervision, or if there are suspicions that the convicted person has committed a criminal offence during conditional release, the competent centre must report this to the commission or the competent court. There is also an option to receive early release by the prison governor entitled to grant early release to a convicted person who behaves properly, who makes an effort in their work, who actively participates in other useful activities and who has served three quarters of their punishment. But this kind of early release could not be put in action more than three months before the end of their punishment.
What institution, and which individual within that institution, takes the decision to release an offender early?A decision on conditional release and conditional release with protective supervision from prison is taken by the commission for conditional releases. As it is stated in the Enforcement of Criminal Sanctions Act: “The president, their deputy, and the commission’s members and their deputies shall be appointed by the minister responsible for justice from among supreme or higher court judges, supreme or higher state prosecutors, and officials at the ministry responsible for justice. The commission shall decide in a panel of three members” (Art. 105 §2 and §3). In the case of early release by the prison governor, the prison governor shall be entitled to grant early release after receiving professional opinions on the case.
Are there individuals or groups of individuals that are not eligible for earned release?Yes, there are individuals who are not qualified for earned release prescribed conditions. Formal conditions for every applicant for release have to be fulfilled, namely that the offender, who has served 1/2 of his sentence of imprisonment (1/3 in special circumstances), may be released from a penal institution under the condition that until the term, for which he was sentenced, has elapsed, he does not commit another criminal offence. The offender, who has been sentenced to over fifteen years' imprisonment, may be released on parole after he has served three quarters of the sentence.
How has the scheme been received by the public, offenders, and the criminal justice system in general?The procedure for early release is regularly taking place every three months. There is no special attention by the media on the topic and prisoners in general perceive the scheme as a benefit.
Has there been any work done to evaluate the effects of the earned release scheme in your country?We have statistic data about different types of release but we do not have any special evaluation tools to measure the effects of the earned release scheme.
If so, what type of evaluation has been done?/
Has there been any proven effects on recidivism from the earned release scheme in your country?If there is someone on release and he or she commits another crime it is task of the court to revoke or not the release from previous punishment. We do not measure any effect on recidivism from the earned release scheme.
The Scottish Prison Service does not operate an "earned release" scheme. Prisoners can only be released early through Parole or Home Detention Curfew (or for compassionate reasons). Early release in Scotland will almost solely relate to considerations of risk to the public and whether this risk is assessed as manageable in the community (whether by the Parole Board or via Prison Management for HDC).
What institution, and which individual within that institution, takes the decision to release an offender early? Are there individuals or groups of individuals that are not eligible for earned release? How has the scheme been received by the public, offenders, and the criminal justice system in general? Has there been any work done to evaluate the effects of the earned release scheme in your country? If so, what type of evaluation has been done? Has there been any proven effects on recidivism from the earned release scheme in your country?This content is only available to registered members of EuroPris.
The Norwegian Correctional Service does not have an earned release scheme as such. When releasing an inmate on probation, the Correctional Services shall, however, attach particular weight to the convicted person’s conduct while serving the sentence, and to whether there is reason to assume that the convicted person will commit new criminal acts during the probation period. This is regulated through section § 42 (Release from a prison sentence) of the Execution of Sentences Act. The Correctional Service has the authority to set certain criteria when releasing an inmate on probation. This is regulated through section 43 (Conditions for release on probation from a prison sentence, determination and amendment) of the Execution of Sentences Act. In 2015, 62 percent of inmates who had served 2/3 of their sentence were released on parole.
What institution, and which individual within that institution, takes the decision to release an offender early?In most cases, the decision is made by the Governor of the prison which the inmate is incarcerated (local level). The exception being where the inmate is sentenced to more than 10 years in prison or preventive detention. In these cases, the decision is made by the regional level. If the decision is made at local level (Prison Governor) the inmate can appeal the decision to the regional level. If the decision is made by the regional level, the inmate can make an appeal to the Directorate of Correctional Service.
Are there individuals or groups of individuals that are not eligible for earned release?N/A
How has the scheme been received by the public, offenders, and the criminal justice system in general?N/A
Has there been any work done to evaluate the effects of the earned release scheme in your country?N/A
If so, what type of evaluation has been done?N/A
Has there been any proven effects on recidivism from the earned release scheme in your country?N/A
The Spanish penal code does not allow the possibility of early release. The only way is the advance of conditional release at 2/3 or ½ of the sentence.
What institution, and which individual within that institution, takes the decision to release an offender early?Multidisciplinary teams should make a proposal to the Judge of Penitentiary Surveillance who have to take the final decision of conditional release.
Are there individuals or groups of individuals that are not eligible for earned release?The access conditions to the advancement of conditional release are established in the penal code and developed in the penitentiary law. These conditions are: • issuing an individualised prognosis of a favourable social reintegration • that prisoners are deserving of this benefit based on his good behaviour • have developed continuously work activities, cultural or employment in accordance with the provisions of the Criminal Code. Art. 91.1 of the Criminal Code specifically excludes this possibility for inmates convicted for acts of terrorism or committed within criminal organisations.
How has the scheme been received by the public, offenders, and the criminal justice system in general?People sentenced to prison and the Catalan prison system had a favourable position to advance the possibility of parole. However, the tightening of conditions in compliance with probation, reform of the penal code as of July 2015, is the result of greater demand for political and social control by the judiciary.
Has there been any work done to evaluate the effects of the earned release scheme in your country?In the link below you can consult the Executive report of the research: Conditional release in Catalonia , 2014 Authors: Area of Social and Criminological Research and Training of the Centre d’Estudis Juridics i Formació Especialitzada, 2014 http://justicia.gencat.cat/ca/ambits/formacio_recerca_documentacio/recerca/cataleg_d_investigacions/per_ordre_cronologic/2014/la-llibertat-condicional-a-catalunya/
If so, what type of evaluation has been done?The study quoted above is based on a qualitative and quantitative evaluation methodology. For more information you can contact with the Center for Legal Studies and Specialized Training http://cejfe.cat/
Has there been any proven effects on recidivism from the earned release scheme in your country?Evaluations done on recidivism in Catalonia shows that community sanctions and conditional release have always much better results on recidivism than those obtained by inmates which have been in prison until the end of their sentence.
The task of criminal punishment execution is to execute criminal punishment in accordance with the fundamental principles of executing criminal punishments laid down in Law on the Sentence Execution Code of Latvia, applying the re-socialisation measures laid down Law on the Sentence Execution Code of Latvia to a convicted person, as well as to achieve that the convicted person and other persons abide laws and refrain from committing criminal offences. Progressive execution of sentence is based on differentiation of convicted persons within the framework of each type of deprivation of liberty institution and regime of a deprivation of liberty institution, as well as the transfer of convicted persons from a prison of one type to a prison of another type, taking into account the portion of the sentence served and the behaviour of the convicted person. Its objective is to achieve conformity of the sentence execution regime with the behaviour and re-socialisation level of the convicted person in ensuring execution of the sentence, and his or her optimal involvement in life after release. All convicted persons shall be subject to the progressive sentence execution system, except the persons sentenced with temporary deprivation of liberty. Convicted persons shall commence serving the sentence at the lowest level of the sentence serving regime, except the persons sentenced with temporary deprivation of liberty. Convicted persons in closed prisons shall serve their sentence at three regime levels – the lowest, medium and the highest level, but in partly-closed prisons – at two regime levels – the lowest and the highest. Levels of the service execution regime shall not be determined for convicted persons in open prisons and for minors in juvenile correctional institutions. A sentence execution regime shall be determined by Law on the Sentence Execution Code of Latvia, which provides for the following regarding the sentence execution regime: 1) gradual mitigation in order to prepare the convicted person for release and facilitate his or her return to normal life after serving of the sentence; 2) enhancing in order to ensure behaviour of the convicted person corresponding with the requirements of the law. According to a proposal of the Latvian Prison Administration, by an order of the Minister for Justice, an evaluation committee shall be established in each deprivation of liberty institution. Convicted person, who is sentenced with deprivation of liberty, except the persons sentenced with temporary deprivation of liberty, could be released from the serving of sentence before the end of the term, if there is a reason to think, that he or she would integrate into society, without committing a crime. Considering the personality of the convicted person, as well as his or her behaviour in deprivation of liberty institution conditional release from the serving of sentence before the end of the term, including electronic surveillance, could be determined, if convicted person has served his or her given part of the sentence (everything depends on degree of the crime), for example, two thirds, and has reached determined result of re-socialisation.
What institution, and which individual within that institution, takes the decision to release an offender early?The trial.
Are there individuals or groups of individuals that are not eligible for earned release?Conditional release from the serving of sentence before the end of the term does not apply for person, who is of age and who is sentenced for particularly heavy offence that has been done against the person, who has not reached age of 16, and is linked to sexual violence.
How has the scheme been received by the public, offenders, and the criminal justice system in general?Society, when it is possible, is involved in re-socialisation of inmates and is informed about development of sentence execution system.
Has there been any work done to evaluate the effects of the earned release scheme in your country?NGOs have done a research about work of administrative committee of deprivation of liberty institutions (administrative committees in deprivation of liberty institutions do not exist since 1st of February, 2015, when amendments legislation were enacted) and researching, how many persons, who have been conditionally released from the serving of sentence before the end of the term, returns in deprivation of liberty institutions for repetitive crime. Other researches show, that 20% of former inmates return in deprivation of liberty institutions for the first time, 20% – for the second time, 13% – for the third time. Another research show, that 10% of number of inmates, who return in deprivation of liberty institutions, were conditionally released from the serving of sentence before the end of the term.
If so, what type of evaluation has been done? Has there been any proven effects on recidivism from the earned release scheme in your country?Research that states - 10% of number of inmates, who return in deprivation of liberty institutions, were conditionally released from the serving of sentence before the end of the term.
In general there are two points of time in a prison sentence when an earned release is possible: after the half or two thirds of the prison term. An earned release requires a request of the inmate, a positive criminal prognosis as well as a satisfactorily good social integration. Besides that there are special regulations for inmates serving a lifetime sentence and for drug addicted persons. The earliest possible point of release in a lifetime prison sentence is after 15 years. Drug addicted convicts whose crime is a result of their substance abuse must be able to lead a life without drug consumption.
What institution, and which individual within that institution, takes the decision to release an offender early?An earned release is given by decision of a judge at a regular district court.
Are there individuals or groups of individuals that are not eligible for earned release?No. There are no offense-related or other reasons for deviating from the described scheme.
How has the scheme been received by the public, offenders, and the criminal justice system in general?Every earned release is an individual case. A general answer therefore is not possible.
Has there been any work done to evaluate the effects of the earned release scheme in your country?We are not aware of any scientific research on the described scheme. Reconviction rates are publicly available in the specialist literature.
If so, what type of evaluation has been done?No comment (see #5).
Has there been any proven effects on recidivism from the earned release scheme in your country?Since there are no evaluations we don’t have any knowledge about effects.
All prisoners, with the exception of life sentence prisoners who apply for release through the parole board process, who are sentenced to a term of imprisonment qualify for one quarter remission on the basis of good behaviour. In addition, prisoners who have engaged in authorised structured activity may apply to receive enhanced remission of greater than one quarter but not exceeding one third of their sentence. In order for a prisoner to be granted enhanced remission, the Minister for Justice & Equality, must be satisfied that the prisoner, is less likely to re-offend and is better able to re-integrate into the community. The principles governing the awarding of enhanced remission are contained under Rule 59 of the Prison Rules 2007 to 2014 (S.I. No. 252 of 2007 and S.I. No. 385 of 2014). Additionally prisoners serving between 1 and 8 years imprisonment who are making genuine efforts to desist from reoffending may apply for incentivised early release under the Community Return Programme on a Community Return Scheme. Prisoners serving sentences of under one year may apply for the Community Support Scheme. Decisions are made on an individual case basis and are governed by the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. The Irish Prison Service publishes figures in relation to the prisoner population and capacity levels on their website www.irishprisons.ie on a daily basis. On 07 September, 2016 a total of 378 were on temporary release, of whom there were 81 participants on Community Return Schemes and 83 participants on Community Support Schemes.
What institution, and which individual within that institution, takes the decision to release an offender early?All applications are considered by the Operations Directorate, on behalf of the Minister for Justice and Equality.
Are there individuals or groups of individuals that are not eligible for earned release?Yes, life sentence prisoners are managed through the parole board process.
How has the scheme been received by the public, offenders, and the criminal justice system in general?Well, especially the structured schemes i.e. Community Return Scheme and Community Support Scheme, which are seen as an effective means of reintegrating an offender back into the community in a planned way and also as a progressive alternative to a custodial sentence.
Has there been any work done to evaluate the effects of the earned release scheme in your country?Strategic Review of Penal Policy Report in 2014 by Penal Policy Review Group recommended an examination of the Temporary Release Policy, which included earned release schemes.
If so, what type of evaluation has been done?An examination has been conducted, the analysis of data is complete and a report is due by year end. This is not in the public domain.
Has there been any proven effects on recidivism from the earned release scheme in your country?Yes, Community Return Scheme and Community Support Scheme have demonstrated reduced levels of recidivism, the report is available on the Irish Prison Service website www.irishprisons.ie