COUNCIL OF
EUROPE
COMMITTEE OF MINISTERS
Recommendation
Rec(2003)22
of the Committee of
Ministers to member states
on conditional release
(parole)
(Adopted by the
Committee of Ministers on 24 September 2003
at the 853rd meeting of
the Ministers' Deputies)
The Committee of
Ministers, under the terms of Article 15.b
of the Statute of the Council of Europe,
Considering that it is in
the Council of Europe member states' interest to
establish common principles regarding the
enforcement of custodial sentences in order to
strengthen international co-operation in this
field;
Recognising that
conditional release is one of the most effective
and constructive means of preventing reoffending
and promoting resettlement, providing the
prisoner with planned, assisted and supervised
reintegration into the community;
Considering that it should
be used in ways that are adapted to individual
circumstances and consistent with the principles
of justice and fairness;
Considering that the
financial cost of imprisonment places a severe
burden on society and that research has shown
that detention often has adverse effects and
fails to rehabilitate offenders;
Considering, therefore,
that it is desirable to reduce the length of
prison sentences as much as possible and that
conditional release before the full sentence has
been served is an important means to that end;
Recognising that
conditional release measures require the support
of political leaders, administrative officials,
judges, public prosecutors, advocates and the
public, who therefore need a detailed
explanation as to the reasons for adapting
prison sentences;
Considering that
legislation and the practice of conditional
release should comply with the fundamental
principles of democratic states governed by the
rule of law, whose primary objective is to
guarantee human rights in accordance with the
European Convention on Human Rights and the
case-law of the organs entrusted with its
application;
Bearing in mind the
European Convention on the Supervision of
Conditionally Sentenced or Conditionally
Released Offenders (ETS No. 51);
Recognising the importance
of:
– Resolution (65) 1 on
suspended sentence, probation and other
alternatives to imprisonment;
– Resolution (70) 1 on the
practical organisation of measures for the
supervision and after-care of conditionally
sentenced or conditionally released offenders;
– Resolution (76) 2 on the
treatment of long-term prisoners;
– Resolution (76) 10 on
certain alternative penal measures to
imprisonment;
– Recommendation No R (82) 16
on prison leave;
– Recommendation No. R (87) 3
on the European Prison Rules;
– Recommendation No R (89) 12
on education in prison;
– Recommendation No. R
(92) 16 on the European rules on community
sanctions and measures;
– Recommendation No. R (92)
17 concerning consistency in sentencing;
– Recommendation No. R (97)
12 on staff concerned with the implementation of
sanctions and measures;
– Recommendation No. R (99)
22 concerning prison overcrowding and prison
population inflation;
– Recommendation Rec(2000)22
on improving the implementation of the European
Rules on community sanctions and measures,
Recommends that
governments of member states:
1. introduce conditional
release in their legislation if it does not
already provide for this measure;
2. be guided in their
legislation, policies and practice on
conditional release by the principles contained
in the appendix to this recommendation;
3. ensure that this
recommendation on conditional release and its
explanatory memorandum are disseminated as
widely as possible.
Appendix to
Recommendation Rec(2003)22
I. Definition of
conditional release
1. For the purposes of
this recommendation, conditional release means
the early release of sentenced prisoners under
individualised post-release conditions.
Amnesties and pardons are not included in this
definition.
2. Conditional release is
a community measure. Its introduction into
legislation and application to individual cases
are covered by the European rules on community
sanctions and measures contained in
Recommendation No. R (92) 16, as well as by
Recommendation Rec(2000)22 on improving the
implementation of the European rules on
community sanctions and measures.
II. General principles
3. Conditional release
should aim at assisting prisoners to make a
transition from life in prison to a law-abiding
life in the community through post-release
conditions and supervision that promote this end
and contribute to public safety and the
reduction of crime in the community.
4.a. In order to
reduce the harmful effects of imprisonment and
to promote the resettlement of prisoners under
conditions that seek to guarantee safety of the
outside community, the law should make
conditional release available to all sentenced
prisoners, including life-sentence prisoners.
4.b. If prison
sentences are so short that conditional release
is not possible, other ways of achieving these
aims should be looked for.
5. When starting to serve
their sentence, prisoners should know either
when they become eligible for release by virtue
of having served a minimum period (defined in
absolute terms and/or by reference to a
proportion of the sentence) and the criteria
that will be applied to determine whether they
will be granted release (“discretionary release
system”) or when they become entitled to release
as of right by virtue of having served a fixed
period defined in absolute terms and/or by
reference to a proportion of the sentence
(“mandatory release system”).
6. The minimum or fixed
period should not be so long that the purpose of
conditional release cannot be achieved.
7. Consideration should be
given to the savings of resources that can be
made by applying the mandatory release system in
respect of sentences where a negative
individualised assessment would only make a
small difference to the date of release.
8. In order to reduce the
risk of recidivism of conditionally released
prisoners, it should be possible to impose on
them individualised conditions such as:
– the payment of
compensation or the making of reparation to
victims;
– entering into treatment for
drug or alcohol misuse or any other treatable
condition manifestly associated with the
commission of crime;
– working or following some
other approved occupational activity, for
instance, education or vocational training;
– participation in personal
development programmes;
– a prohibition on residing
in, or visiting, certain places.
9. In principle,
conditional release should also be accompanied
by supervision consisting of help and control
measures. The nature, duration and intensity of
supervision should be adapted to each individual
case. Adjustments should be possible throughout
the period of conditional release.
10. Conditions or supervision
measures should be imposed for a period of time
that is not out of proportion to the part of the
prison sentence that has not been served.
11. Conditions and
supervision measures of indeterminate duration
should only be applied when this is absolutely
necessary for the protection of society and in
accordance with the safeguards laid down in Rule
5 of the European rules on community sanctions
and measures as revised in Recommendation
Rec(2000) 22.
III. Preparation for
conditional release
12. The preparation for
conditional release should be organised in close
collaboration with all relevant personnel
working in prison and those involved in
post-release supervision, and be concluded
before the end of the minimum or fixed period.
13. Prison services should
ensure that prisoners can participate in
appropriate pre-release programmes and are
encouraged to take part in educational and
training courses that prepare them for life in
the community. Specific modalities for the
enforcement of prison sentences such as
semi-liberty, open regimes or extra-mural
placements, should be used as much as possible
with a view to preparing the prisoners'
resettlement in the community.
14. The preparation for
conditional release should also include the
possibility of the prisoners' maintaining,
establishing or re-establishing links with their
family and close relations, and of forging
contacts with services, organisations and
voluntary associations that can assist
conditionally released prisoners in adjusting to
life in the community. To this end, various
forms of prison leave should be granted.
15. Early consideration of
appropriate post-release conditions and
supervision measures should be encouraged. The
possible conditions, the help that can be given,
the requirements of control and the possible
consequences of failure should be carefully
explained to, and discussed with, the prisoners.
IV. Granting of
conditional release
Discretionary release
system
16. The minimum period
that prisoners have to serve to become eligible
for conditional release should be fixed in
accordance with the law.
17. The relevant
authorities should initiate the necessary
procedure to enable a decision on conditional
release to be taken as soon as the prisoner has
served the minimum period.
18. The criteria that
prisoners have to fulfil in order to be
conditionally released should be clear and
explicit. They should also be realistic in the
sense that they should take into account the
prisoners' personalities and social and economic
circumstances as well as the availability of
resettlement programmes.
19. The lack of
possibilities for work on release should not
constitute a ground for refusing or postponing
conditional release. Efforts should be made to
find other forms of occupation. The absence of
regular accommodation should not constitute a
ground for refusing or postponing conditional
release and in such cases temporary
accommodation should be arranged.
20. The criteria for
granting conditional release should be applied
so as to grant conditional release to all
prisoners who are considered as meeting the
minimum level of safeguards for becoming
law-abiding citizens. It should be incumbent on
the authorities to show that a prisoner has not
fulfilled the criteria.
21. If the decision-making
authority decides not to grant conditional
release it should set a date for reconsidering
the question. In any case, prisoners should be
able to reapply to the decision-making authority
as soon as their situation has changed to their
advantage in a substantial manner.
Mandatory release
system
22. The period that
prisoners must serve in order to become entitled
to release should be fixed by law.
23. Only in exceptional
circumstances defined by law should it be
possible to postpone release.
24. The decision to
postpone release should set a new date for
release.
V. Imposition of
conditions
25. When considering the
conditions to be imposed and whether supervision
is necessary, the decision-making authority
should have at its disposal reports, including
oral statements, from personnel working in
prison who are familiar with the prisoners and
their personal circumstances. Professionals
involved in post-release supervision or other
persons knowledgeable about the prisoners'
social circumstances should also make
information available.
26. The decision-making
authority should make sure that prisoners
understand the imposed conditions, the help that
can be given, the requirements of control and
the possible consequences of failure to comply
with the conditions.
VI. Implementation of
conditional release
27. If the implementation
of conditional release has to be postponed,
prisoners awaiting release should be kept in
conditions as close as possible to those they
would be likely to enjoy in the community.
28. The implementation of
conditional release and supervision measures
should be the responsibility of an implementing
authority in compliance with Rules 7, 8 and 11
of the European rules on community sanctions and
measures.
29. Implementation should
be organised and dealt with in compliance with
Rules 37 to 75 of the European Rules on
community sanctions and measures, and with the
basic requirements for effectiveness set out in
the relevant provisions of principles 9 to 13 of
Recommendation Rec(2000)22 on improving the
implementation of the European rules on
community sanctions and measures.
VII. Failure to comply
with imposed conditions
30. Minor failures to
observe imposed conditions should be dealt with
by the implementing authority by way of advice
or warning. Any significant failure should be
promptly reported to the authority deciding on
possible revocation. This authority should,
however, consider whether further advice, a
further warning, stricter conditions or
temporary revocation would constitute a
sufficient penalty.
31. In general, the
failure to observe imposed conditions should be
dealt with in accordance with Rule 85 of the
European rules on community sanctions and
measures as well as with the remaining relevant
provisions of Chapter X of the rules.
VIII. Procedural
safeguards
32. Decisions on granting,
postponing or revoking conditional release, as
well as on imposing or modifying conditions and
measures attached to it, should be taken by
authorities established by law in accordance
with procedures covered by the following
safeguards:
a. convicted persons
should have the right to be heard in person and
to be assisted according to the law;
b. the decision-making
authority should give careful consideration to
any elements, including statements, presented by
convicted persons in support of their case;
c. convicted persons should
have adequate access to their file;
d. decisions should state the
underlying reasons and be notified in writing.
33. Convicted persons
should be able to make a complaint to a higher
independent and impartial decision-making
authority established by law against the
substance of the decision as well as against
non-respect of the procedural guarantees.
34. Complaints procedures
should also be available concerning the
implementation of conditional release.
35. All complaints
procedures should comply with the guarantees set
out in Rules 13 to 19 of the European rules on
community sanctions and measures.
36. Nothing in paragraphs
32 to 35 should be construed as limiting or
derogating from any of the rights that may be
guaranteed in this connection by the European
Convention on Human Rights.
IX. Methods to improve
decision-making
37. The use and
development of reliable risk and needs
assessment instruments which would, in
conjunction with other methods, assist
decision-making should be encouraged.
38. Information sessions
and/or training programmes should be arranged
for decision-makers, with contributions from
specialists in law and social sciences, and all
involved in the resettlement of conditionally
released prisoners.
39. Steps should be taken
to ensure a reasonable degree of consistency in
decision-making.
X. Information and
consultation on conditional release
40. Politicians, judicial
authorities, decision-making and implementing
authorities, community leaders, associations
providing help to victims and to prisoners, as
well as university teachers and researchers
interested in the subject should receive
information and be consulted on the functioning
of conditional release, and on the introduction
of new legislation or practice in this field.
41. Decision-making
authorities should receive information about the
numbers of prisoners to whom conditional release
has been applied successfully and unsuccessfully
as well as on the circumstances of success or
failure.
42. Media and other
campaigns should be organised to keep the
general public informed on the functioning and
new developments in the use of conditional
release and its role within the criminal justice
system. Such information should be made speedily
available in the event of any dramatic and
publicised failure occurring during a prisoner's
conditional release period. Since such events
tend to capture media interest, the purpose and
positive effects of conditional release should
also be emphasised.
XI. Research and
statistics
43. In order to obtain
more knowledge about the appropriateness of
existing conditional release systems and their
further development, evaluation should be
carried out and statistics should be compiled to
provide information about the functioning of
these systems and their effectiveness in
achieving the basic aims of conditional release.
44. In addition to the
evaluations recommended above, research into the
functioning of conditional release systems
should be encouraged. Such research should
include the views, attitudes and perceptions on
conditional release of judicial and
decision-making authorities, implementing
authorities, victims, members of the public and
prisoners. Other aspects that should be
considered include whether conditional release
is cost-effective, whether it produces a
reduction in reoffending rates, the extent to
which conditionally released prisoners adjust
satisfactorily to life in the community and the
impact the development of a conditional release
scheme might have on the imposition of sanctions
and measures, and the enforcement of sentences.
The nature of release preparation programmes
should also be subject to research scrutiny.
45. Statistics should be
kept on such matters as the number of prisoners
granted conditional release in relation to
eligibility, the length of the sentences and the
offences involved, the proportion of time served
before the granting of conditional release, the
number of revocations, reconviction rates and
the criminal history and socio-demographic
background of conditionally released prisoners.