Prison overcrowding and extended penitentiary leave
Overcrowding in Belgian prisons has been a problem for years. Despite additional prisons (Haren and Dendermonde) and the renovation of other prisons (Ypres), ground sleepers remain commonplace. Flemish prisons have an overpopulation of no less than 25 percent. (!) The ongoing strikes in Flemish prisons are therefore by no means unexpected and are the manifestation of the current inhumane detention conditions.
The Directorate General of Penitentiary Institutions responded on March 6, 2024 with a memorandum to combat overcrowding. The essence of the measure is to grant more and longer penitentiary leaves. In this way, "breathing space" is offered to prisons: in effect, the same cells can be used sequentially by different inmates who alternate on such penitentiary leave. Theoretically, a doubling of capacity is thus achieved.
Extended penitentiary leave
Is granted extended penitentiary leave: the convict who is at maximum six months from the end of the sentence, with a monthly evaluation by the psychosocial service.
Extended penitentiary leave may be granted to the convict serving a short prison sentence (less than three years) who received a positive recommendation from the director following a request for voluntary release or electronic monitoring. If there is a long prison sentence, the extended penitentiary leave can be granted if there is also a previously successful penitentiary leave. This extended penitentiary leave is also evaluated monthly.
In addition, extended penitentiary leave may be granted to the convict who has already completed four well-executed penitentiary leaves. In this case, alternate extended penitentiary leave is granted: the penitentiary leave lasts up to 30 days, followed by a 30-day stay in prison.
Terms
Extended penitentiary leave is possible only if the following conditions are met:
- The convict agrees to the extended penitentiary leave and any additional conditions;
- The convict has a shelter address and the agreement of the shelter environment;
- The convict has adequate means of support.
In addition, the following general conditions are imposed on the offender:
- Not committing crimes;
- Be available by phone at any time;
- Return to prison if deemed necessary by the warden;
- Not going abroad.
If conditions are not met, the extended penitentiary leave may be revoked.
The miracle solution to overpopulation?
That the system offers no structural solution is clear. Demonstrative is the triadic incident at the Antwerp prison on March 13, 2024. Its current policy demonstrates a panic reaction that benefits neither the inmate nor society. An alternate system where a person spends 30 days outside, only to spend the next 30 days back in prison cannot have a positive impact on resocialization opportunities. However, penitentiary leave is designed to enhance this. One can also question the uncontrolled return to society for a "longer period". Moreover, this period is just not long enough to actually build a stable future (housing, employment) for the prisoner. Finally, one cannot underestimate the impact of the alternation between inside and outside prison.
In addition, the other possibilities of extended penitentiary leave (where the alternate rule does not apply) as a solution to overcrowding are a drop in the bucket. Indeed, these leaves are granted to persons who are al are in the time requirements to apply for a penalty enforcement modality and which hereby al have been allowed to receive a positive opinion from the director. Effective sentencing options - barring a contrary decision by the sentencing court or sentencing judge - thus appear to be in the offing in this case anyway.
Moreover, the scheme affects only a limited category of convicts. Those on remand are obviously not included in the scheme. Certain categories of convicts are also deliberately excluded. Thus, among others, convicts sentenced to more than ten years, or persons serving sentences as a result of moral or terrorist offenses, are not entitled to the scheme. Finally, in many cases the scheme is optional: the director or the detention management service in Brussels make a free assessment in each case as to whether a particular detainee is granted the extended penitentiary leave.
Belgium, after several convictions, remains under increased scrutiny by the European Court of Human Rights to ensure humane and decent detention conditions, with particular attention being paid to overcrowding. Unlike uncontrolled measures, there is clearly a need for a structural solution.
In the meantime, if you have any questions about sentence enforcement and extended penitentiary leave, you can always contact us at info@bannister.be and on 03 369 28 00.
