Parole and Prison Privileges: A Comprehensive Guide

Posted on Aug 30, 2024 in Law & Jurisprudence

Nature and Systematic Classification of Parole

Probation, or parole, is the conditional release of convicted offenders before their sentence expires. It’s considered a correctional tool, influencing how the penalty is served. This correctional nature is reinforced by Article 72.1 of the LOGP, which categorizes parole as the fourth grade.

The legal framework for parole is governed by Articles 90-93 of the Criminal Code and supplemented by the Act of 23 July 1914 on parole. Notably, the 7/2.003 LO reform of the Criminal Code significantly impacts parole regulations.

Conditions of Parole

(IMPORTANT) The following conditions must be met for parole eligibility:

1. Third-Degree Treatment: Inmates must be classified under the third-degree treatment program. Those in the first or second grade are ineligible.
2. Sentence Completion: Three-quarters of the sentence must be served. Article 193 of the Prison Rules outlines how time served is calculated, including considerations for pardons and multiple sentences.
3. Good Behavior: Consistent good behavior is crucial, meaning no serious or uncancelled penalties.
4. Favorable Prognosis: A positive outlook for individual and social reintegration is necessary. This is typically assessed through a technical report, as per Article 90.3 of the Criminal Code.

Special Cases of Early Parole

The Penal Code outlines specific situations where parole may be granted before serving three-quarters of the sentence. However, all cases still require the inmate to be in the third grade, maintain good behavior, and have a favorable prognosis for rehabilitation.

Examples of Special Cases

1. Work, Cultural, and Occupational Activities: Completion of 2/3 of assigned activities.
2. Qualified Advancements: Demonstrated progress in rehabilitation programs.
3. Age and Serious Illness: Inmates over seventy years old or with serious health conditions (Article 92 of the CP).
4. Foreign Nationals: Parole may be granted to foreign nationals, allowing them to serve their probation in their home or resident country, subject to regular parole requirements, the prisoner’s consent, and authorization from the JVP (Article 197 of the Prison Rules).
5. Terrorism and Organized Crime: The LO7/2003 reform introduced specific provisions in Articles 91.1, 91-1, and 93-2 of the Penal Code regarding parole for these offenses. (IMPORTANT)

Rules of Conduct, Revocation, and Effects of Parole

Rules of Conduct

The 1995 Code introduced the possibility for the supervising judge to impose specific rules of conduct upon granting parole (Article 90.2), referencing Articles 83 and 96.3 of the Criminal Code.

Revocation

Parole can be revoked under Article 93 of the Penal Code if the individual violates the imposed rules of conduct or commits new offenses. This results in re-incarceration, with the time spent on parole not counted towards the remaining sentence.

Effects

Parole doesn’t affect the overall sentence length. The deadlines for the cancellation of criminal records, as per Article 136 of the CP, are calculated from the date of final discharge. Article 93 of the COP states that the probation period lasts for the remainder of the sentence.

Procedure for Parole

Article 76-2 b) of the LOGP and Articles 194 onwards of the Prison Rules govern the parole procedure. The Board of Management initiates the process, including a social reintegration prognosis report, an individual program proposal, and a monitoring plan.

Prison Privileges and Rewards

Definition of Prison Privileges

Prison privileges are legal mechanisms that can shorten sentences (e.g., redemption of penalties for work) or reduce the time spent in confinement (e.g., parole). The 1995 Criminal Code abolished the most significant and traditional benefit in Spain: the redemption of penalties for work.

Examples of Prison Privileges

• Early Parole: Discussed earlier as a special case of probation.
• Individual Pardon: The Board of Management, based on the technical team’s report, can request an individual pardon from the judge overseeing prison security. This pardon is then proposed to the Council of Ministers, the only authority with the power to grant it.

Requirements for Individual Pardon

1. Continuous Good Behavior: Two years of continuous and exemplary good behavior.
2. Consistent Work Activity: Two years of continuous and productive work, either inside or outside the prison, that prepares the inmate for life outside.
3. Active Participation in Rehabilitation: Two years of continuous and active participation in rehabilitation and social reintegration activities.

Rewards (Article 46 LOGP and Article 263 of the RP)

Inmates demonstrating good behavior, a strong work ethic, a sense of responsibility, and positive participation in activities can be rewarded with:

1. Extra special and extraordinary communication privileges.
2. Scholarships.
3. Priority in scheduled departures.
4. Reduction of imposed penalties.
5. Cash prizes.
6. Merit notations.
7. Other similar rewards.

These rewards are granted by the Disciplinary Committee and are subject to judicial supervision.

Historical Context: Redemption of Penalties for Work (Abolished)

Regulations under the 1973 Penal Code and Prison Service Rules

The 1973 Penal Code (Article 100) and the Rules of Prison Services (Articles 65-73) outlined the requirements for redeeming penalties through work. These included:

• A final ruling for the convicted offender.
• A prison sentence less severe than arrest.
• Engaging in work, either inside or outside the prison. This included intellectual efforts, as detailed in Article 72 of the Rules of Prison Service.
• No violations or attempts to undermine the sentence.
• No repeated misconduct during the sentence, as per Article 100.2 of the 1973 Penal Code and Article 73.2 of the RSP.

Extraordinary Redemption (Article 71 of the RSP)

Extraordinary redemption could be granted for:

• Overtime work by prisoners.
• Commendable behavior.
• Exceptional diligence, discipline, and work performance.