Belgian release policies, rationales and practices

Abstract

Belgium has a two-track policy towards prison release: a quasiautomatic administrative release system for those with a prison sentence of up to three years, and a discretionary system operated by multidisciplinary Sentence Implementation Courts for persons with a prison term of more than three years. This article describes, discusses and compares both release systems, with a particular focus on their rationales and consequences and provides updated figures on the use of the different forms of release in Belgium. The principle of relative autonomy will be described as an important legitimation strategy of conditional release. The article explains how the sentence implementation rationale of reintegration is put forward as an important aim of sentence implementation in the law and how it is pursued in practice. The consequences of the increasing use of the ‘gradual system’ of release on the detention trajectory of long-term prisoners will be illustrated.

Recall to prison in Belgium: Back-end sentencing in search of reintegration

“…However, it is uncertain whether this picture will hold in the future, as we also know that currently the number of prisoners who are firstly released from prison under electronic monitoring before being granted conditional release is increasing (cf. progressive system of release, see Beyens, 2019). As our research shows that recall is more frequently used for those who are under electronic monitoring, this might result in a rise of recalls in the future.…”

“…The small-scale study of Fitzalan Howard (2019), analysing in-depth accounts of seven men, showed that recall was experienced as painful and damaging rather than rehabilitative and lacking in credibility and legitimacy. This definitely deserves further attention in the Belgian context too as the number of prisoners who max out their sentence in prison, and thus do not leave the prison under supervision, is rising (Bauwens et al, 2012; Beyens, 2019; Robert, 2018). In 2017, the number of prisoners maxing out their sentence ( N = 812; 8.2% of all releases) even outnumbered those who are conditionally released ( N = 739; 7.7% of all releases).…”

“…In 2017, the number of prisoners maxing out their sentence ( N = 812; 8.2% of all releases) even outnumbered those who are conditionally released ( N = 739; 7.7% of all releases). This is a creeping evolution and can be interpreted as an indication of the difficulties of getting parole (Beyens, 2019).…”

“…Our research only focuses on persons sentenced to a prison sentence of more than three years who are made subject to a complex release procedure with several checks and balances. However, as a consequence of the bifurcated Belgian early release system, persons sentenced to a prison sentence of up to three years, which comprised about 75% of all cases in 2017, are semi-automatically released after an administrative procedure without procedural safeguards (see Beyens, 2019; Scheirs et al, 2015). In practice, this means that the majority of convicted prisoners are released under a quasi-automatic and fast administrative procedure, where the imposition of conditions is quite rare.…”

“…Sentence Implementation Courts consider electronic monitoring as an ideal test to see if someone is able to comply with conditions before deciding upon conditional release. This is also known as the ‘gradual way’ of release or the progressive system of release (see Beyens, 2019 for the unintended consequences of this system). It therefore seems logical that more revocations take place during this ‘test period’.…”