Prison Release Permits
When and how can they be requested?
One of the most eagerly awaited moments for anyone serving a prison sentence is the chance to go out for a few days to see their family, rest or prepare for reintegration. This is possible thanks to prison release permits, a right granted to inmates who meet certain requirements.
What is a prison release permit?
A release permit is a temporary authorisation allowing the inmate to leave the prison for a set period, retaining the obligation to return once the term expires. It is not an exceptional measure, but a right provided for by prison law. As a rule, release permits last between 2 and 6 days and can be repeated several times a year, depending on the inmate’s grade and behaviour.
Requirements to access release permits
Not all inmates can access prison permits from the outset. To request them, certain requirements must be met, including:
Being classified in second or third prison grade.
Having served at least a quarter of the sentence.
Not having recent serious disciplinary proceedings.
Having favourable reports from the Treatment Board.
In particularly serious offences (sexual assault, homicides, terrorism), an active attitude of reintegration or a request for forgiveness from the victim may also be required.
Who approves release permits?
The application for a release permit is first submitted to the Treatment Board of the prison. If this approves it, it is forwarded to the Prison Supervision Judge, who is the one who issues the final decision.
If the judge denies the permit, an appeal can be lodged through a criminal lawyer specialised in prison law.
What to do if the prison permit is denied?
The denial of a prison permit is not final. There are legal mechanisms to challenge it:
Appeal to the Prison Supervision Judge
The most common appeal is the one submitted to the Prison Supervision Judge, who has the power to overturn the administrative decision of the Board. The deadline to lodge this appeal is five working days from notification.
This appeal must argue why the inmate meets the legal and personal requirements to access the permit. The presence of a lawyer with experience in this area is essential to defend the case effectively.
Cases
Common cases in which we handle release permits
Second-grade inmates with good conduct.
Long-sentence cases with positive progression.
Urgent family situations (births, deaths, illness).
Inmates with previous proposals denied without clear justification.
REAL CASE
We also had the case of JAGC, convicted of attempted murder and sentenced to three and a half years.
Sometimes it is absolutely impossible to obtain leave in prison and the full sentence is served.
These are isolated cases justified by the inmate’s inappropriate conduct.
Sometimes the criminal lawyer does not know why it is systematically denied, since the client and the family hide many details from the lawyer until they have enough trust.
Nevertheless, when we discover the reason or they confess it to us, we advise a change of conduct in order to obtain the leave and we support it with appeals until it is granted, or we withdraw from the defence if the client continues not to listen to us or not to trust us. The relationship of trust is fundamental between lawyer and client.
