Constrained release

Verified 28 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

What is coerced release? This is a measure that allows a person sentenced to a prison term less than 5 years to carry out the end of his sentence outside a penal institution. The beneficiary of this scheme carries out the remainder of his sentence in the framework of a semi-liberty, a outplacement, a home detention under electronic surveillance or a parole. The purpose of this measure is to prevent recurrence.

The release under duress concerns a person incarcerated.

The conditions under which this measure may be granted differ according to the length of the prison sentence to which the person has been sentenced.

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Sentence of less than 5 years

A person sentenced to less than five years in prison may be released under duress if:

  • She has served 2/3 of her sentence (for example, a person sentenced to 3 years in prison can be released under duress if she has already served 2 years in prison)
  • She didn't apply sentence adjustment which would be in process
  • She did not refuse to be released under duress.

Sentence less than 2 years

In principle, the person sentenced to a sentence imprisonment or confinement less than 2 years benefits release under duress when she has only three months left in prison.

However, release under duress is not granted :

  • If it is impossible to implement it (example: the convicted person absolutely wants to be in home detention under electronic surveillance in a person who has not given his consent)
  • To the person who has been disciplined for committing violence in prison or for having participated in actions intended to disrupt the functioning of the penitentiary establishment (example: riot)
  • To the person who has requested a sentence adjustment and who is awaiting a response to his request
  • To the person who has been released under duress at 2/3 of his sentence.

The procedure for obtaining a release under duress differs depending on the prison sentence imposed on the offender. the offense.

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Sentence of less than 5 years

The release under duress is in principle at the initiative of the judge. However, if the judge has not ruled within a certain period of time, the incarcerated person can apply.

At the initiative of the sentencing judge

When the person reaches 2/3 of his prison sentence, the sentencing judge (Jap) analyzes his situation to order a release under duress.

In making its decision, the Jap: titleContent may request to hear the person concerned and/or his lawyer.

If the person incarcerated meets the criteria of release under duress, Jap orders this measure.

After consulting the Committee on the Application of Sentences, it establishes the framework within which the sentenced person will be followed after his release from prison:

  • Outdoor placement
  • Home detention under electronic surveillance
  • Semi-freedom
  • Or parole.

Jap notifies the sentenced person of its decision through the Head of the penitentiary establishment on which it depends.

This decision may be appealed to the Chamber for the Application of Sentences within a period of 24 hours following notification of the ordinance.

At the request of the incarcerated person

If the person incarcerated executed 2/3 of his prison sentence and that the Jap: titleContent has not examined her situation, she can apply for release under duress to the house of enforcement of sentences.

This request must be made:

  • By letter RAR: titleContent, to the Sentencing Chamber on which Jap depends, which should have ruled on a possible release under duress
  • Or by declaration to the head of the penal institution on which the sentenced person depends.
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The Sentencing Chamber is directly responsible for sentencing and may grant release under duress.

It also sets the framework within which the sentenced person will be followed after release from prison (outside placement, day parole, house arrest under electronic supervision or parole).

Warning  

Before this court, the incarcerated person must be assisted by a lawyer. If she doesn't have enough income to get a lawyer, she can ask legal aid.

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Sentence of less than 2 years

When a person incarcerated has only three months left in prison, except in exceptional circumstances, it benefits automatically release under duress.

This measure may be ordered by the Jap: titleContenteven if the convicted person objects.

After consulting the Committee on the Application of Sentences, the judge responsible for the application of sentences shall determine the framework within which the sentenced person will be followed after his release from prison:

  • Outdoor placement
  • Home detention under electronic surveillance
  • Semi-freedom
  • Or parole.

The judge responsible for the enforcement of sentences notify its decision to the sentenced person through the Head of the penitentiary establishment on which it depends.

Please note

If release under duress is impossible to implement, the Jap: titleContent must state this in a reasoned decision.

The incarcerated person shall be released from prison within days of the decision to release him or her under duress.

She shall serve the end of her sentence in accordance with the conditions laid down in sentencing judge or by the chamber of sentencing enforcement.

She must meet obligations related to its sentence adjustment.

These may include:

  • Respond to Summons from penitentiary service for insertion and probation
  • Prevent SPIP: titleContent in the event of a change of residence or travel of more than 15 days
  • Inform the Jap: titleContent in case of travel abroad
  • Undergo medical examination, treatment, or care if the person is an alcoholic or uses drugs drugs
  • Compensating the victims
  • Not socializing with certain people (for example, a accomplice, a victim) or certain specific places (for example, a drinking establishment)
  • Perform a community service.

Throughout the period of release under duress, the sentenced person is monitored and controlled by the penitentiary service for insertion and probation of the establishment in which she was staying before her release.

One first interview with a penitentiary insertion and probation counselor takes place within 5 days of release from prison. It makes it possible to determine how the person who obtains the release under duress will be cared for in accordance with his personal situation and the sentencing arrangement he receives (example: monthly interviews with a CPIP: titleContent).

Release under duress may be withdrawn the person who fails to comply with the obligations and prohibitions laid down in his sentence adjustment.

If the sentencing judge considering withdrawing the release under duress, it shall summon the person concerned to submit his observations.

Please note

If the public prosecutor and the beneficiary of the release under duress agree, the Jap: titleContent may proceed with the withdrawal without hearing the person concerned.

After having examined the situation of the sentenced person and having obtained the opinion of a representative of the prison administration, the Jap: titleContent makes a reasoned decision.

If he decides to withdraw his release under duress, the convicted person returns to prison to serve the end of his sentence.

This judgment may be appealed to the Chamber for the Application of Sentences within a period of 24 hours according to its notification.

FYI  

The sentenced person must be assisted by a lawyer before the Chamber for the Implementation of Sentences. If they don't have enough money to hire a lawyer, they can make a application for legal aid.

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