Discretionary Versus Automatic Early Release, Which is Best? An Assessment Based on National Re-imprisonment Data of Short-term Prisoners in Belgium

• In Event: Evaluations of Prisoner Reentry Programs

Abstract

In Belgium, the release of convicted prisoners is dependent on their sentence length. Prisoners with a sentence over 3 years (long-term prisoners) have to apply for early release with an independent court, whereas short-term prisoners (i.e. with a sentence total not exceeding 3 years) are granted early release automatically. Until the mid2000s, short-term prisoners were granted discretionary release by the prison administration, from then on, they are released automatically. Drawing on national prison data, we look at the re-incarceration of early released prisoners and compare which of both release mechanisms is best in terms of re-imprisonment hazard. After a presentation of the release system in Belgium, data, methods and results are presented, and the latter’s penological implications are discussed. Our analysis adds non-Anglo-Saxon evidence to the ongoing international debate about different types of release, which hitherto drew mainly on North American data.

Authors

• Rembert De Blander, NICC

• Luc Robert, NICC (National Institute of Forensic Sciences and Criminology)

• Alexia Jonckheere, NICC

• Eric Maes, NICC

• Benjamin Mine, NICC