The inmate’s progress within the correctional facility.
Appeals against denial of open prison regime
How and when can they be requested?
When a person is in prison, from the initial classification stage it is possible to obtain the open prison regime (third degree classification). This represents a key step towards freedom. However, it is not always granted at first.
Access to the Open Prison Regime: Assessment, Appeals and Key Requirements
Psychologists, social workers and educators all take part, carrying out a detailed analysis of each individual case. It is the treatment board that assesses each inmate’s situation and proposes a classification.This classification may be appealed by way of administrative appeal within 30 days before the penitentiary supervision judge. In some cases, decisions are not sufficiently reasoned or substantiated.If there has been a refusal or an incorrect classification, it is possible to file an appeal regarding the third degree classification. Having a lawyer specialising in penitentiary law can make all the difference.
The decision of the penitentiary supervision judge may be appealed before the competent Provincial Court. In other cases, six months after entering prison, the inmate may be reassessed by the treatment board, depending on the specific circumstances of the case, the offence for which they were convicted, and the sentence to be served.
It is systematically refused when the inmate has disciplinary sanctions pending or not yet served, which must always be cancelled, as well as when a significant part of the sentence remains to be served or when no prison leave has ever been granted in the case of a long sentence.
Concept
¿What is the third degree classification?
It is a measure that brings the inmate closer to life in freedom, provided that certain legal requirements are met.
When can access to the open prison regime be granted?
Placement in the third-degree classification depends on several factors:
Time served of the sentence.
Participation in reintegration programmes.
Social and family environment.
Existence of employment or training activities.
Why Granda
What to do if open prison status is denied?
It is quite common for the Treatment Boards to deny the initial classification into third-degree status or to keep the inmate in second-degree status without sufficient justification. In these cases, it is possible to file:
Appeal before the Penitentiary Surveillance Judge
The most common appeal is the one filed before the Penitentiary Surveillance Judge, who has the authority to revoke the administrative decision of the Board. The deadline to file this appeal is five business days from notification.
This appeal must be well-founded on legal grounds, supported by reports, documents, and evidence demonstrating that the inmate meets the requirements to access third-degree status.
Assistance
How can a lawyer assist you in
appeals against denial of the open prison regime?
Our method
At our Firm
We carry out a thorough review of the prison file, including, where possible, meetings with the inmate’s lawyer, psychologists, social workers and prison educators.
We prepare the appeal with strong legal arguments.
We submit supporting employment, family, medical or psychological documentation to strengthen the application.
We provide ongoing monitoring of the proceedings before the penitentiary supervision judge and our appeal.
If necessary, we appeal the decision before the Provincial Court through an appeal.
Urgent contact
Do you need to file an appeal against denial of the open prison regime?
REAL CASE
I remember the case of Rubén, who was convicted of an offence against public health. The case came to the firm and there had been alleged negligence in how it had been handled. We already knew from the outset that it would be difficult to achieve a favourable outcome due to how it had been handled from the beginning and due to other factors, but the worst part was that Rubén was innocent.
It is often more difficult to defend an innocent person than someone who is guilty. The Madrid Provincial Court convicted him of an offence against public health and sentenced him to 3 years and 6 months in prison.
He asked me to accompany him on the day he entered prison and told me he knew I would get him out as soon as possible. I did not know when that would happen, but I did know I would work to achieve it.
And so it was: I prepared everything and requested the open prison regime (third-degree classification) from the outset, and it was granted. Rubén gave up drugs, finished his degree and got married… he never called me again… he used to say that clients were not ungrateful, but rather that they tended to forget because I was part of a very difficult period in their lives and they wanted to move on.
You work for years with a client, give them your very best, and at a certain point the criminal defence lawyer becomes the most important person in someone’s life, and then you never hear from them again… that is the part of this profession that is hard to accept.
