Does Reintegration Need REHAB? Early Release Procedures for Prisoners without a Legal Permit of Residence in Belgium

Abstract

Since the eighties, Belgium faces an increasing number of foreign prisoners. Accordingly, the number of foreign prisoners without a legal permit of residence, who are incarcerated in Belgian prisons due to (suspicion of) violation of the Belgian Criminal law is also rising. With regard to early release, all prisoners fall under the Belgian penitentiary Acts of 2005 and 2006 in which "reintegration" is an important leading principle. However, a considerable part of the foreign prisoners without a legal permit of residence is exposed to expulsion under the Belgian Act of 1980 on the entry, stay, settlement and expulsion of foreigners after their (early) release. The use of different legal frameworks with conflicting rationales with regard to release from prison has consequences for the possibilities to prepare the reintegration of foreign prisoners without residence permit. The aim of this article is to analyse the meaning, use and importance of the reintegration principle with regard to the early release from prison of foreign prisoners without a legal permit of residence. The consequences of the interaction of requirements from immigration and penitentiary laws with regard to their release in society will be discussed. Also some statistical data on the presence of foreign prisoners without a legal permit of residence in the Belgian prisons are presented and commented from a methodological point of view.

Making Sense or/of Decisions? Collective Action in Early Release Process

“…In Belgium, following the Dutroux Affair in 1996 (Walgrave and Varone 2008 ), the conditions of early release are enacted in the External Legal Position Act of 2006. As a consequence, SIC (Sentence Implementation Courts) have replaced the former "Parole Commissions" and are responsible for granting conditional release (Bauwens et al 2012 ), electronic monitoring (Beyens and Roosen 2013 ), semi-detention, and provisional release in view of expulsion or extradition (De Ridder et al 2012 ) to prisoners serving a sentence of more than three years. However, since the implementation of the 2006 Act is not yet fully achieved the Minister of Justice, via the DMD (Detention Management Department at the Prison Central Administration, or "Direction Gestion de la Détention"-DGD), remains responsible for granting provisional release to prisoners serving a sentence of up to three years.…”

The role of oversight in foreign-national only prisons: counteracting the disapplication of rehabilitation

“…The focus on ensuring efficient returns overshadows and subsumes normal penal policies and practices. With the focus being on removal from the prisoner's first day in prison ( [10] at 701), the reality is that 'concern for reintegration [has been] subordinated to expulsion' ( [21] at 35). For example, the UK's National Offender Management Service admitted that while the role of a foreign national only prison was initially the same as for other prisons (reduce risk and assist with reintegration), it acknowledged that at the point a deportation notice was served -the facilitation of removal also became an objective ( [15] at 49).…”

Foreign Prisoners in Europe: An Analysis of the 2012 Council of Europe Recommendation and Its Implications for International Penal Policy

“…102 Whether the term rehabilitation, reintegration, re-entry or resocialisation is used, the goal is to ensure that the penal process prepares prisoners for release and enhances their ability to function in society when they are free. 103 The 1984 Recommendation noted that the social resettlement of foreign prisoners may require the adoption of particular measures that take account of factors such as nationality, language, religion, culture, length of sentences and the likelihood of expulsion. 104 The Committee of Ministers highlighted the need for the new recommendation to cover the social reintegration of foreign prisoners.…”

“…De Ridder, Beyens and Snacken note that 'the dynamic character of the foreigner's residence status [means that] the geographical character after… release is often uncertain during imprisonment'. 130 The 2012 Recommendation therefore asks that decisions on legal status and the prisoner's situation after release be determined as early as possible during their sentence. 131 …”