Justice Minister Annelies Verlinden received the government’s approval last week for a series of measures to combat the long-standing issue of prison overcrowding in Belgium.
The measures include the possibility for detainees who are undocumented to be granted early release after serving one-third of their sentence. This would apply to sentences not exceeding three years, according to a report on Thursday in 'De Standaard' daily, confirmed by the minister.
Certain categories of detainees will be able to benefit from early release after one-third of their sentences, and to leave prison with an electronic bracelet six months before that deadline. However, those convicted of terrorism or sexual offences are excluded from this measure.
Extending the measure to undocumented migrants is a new development. Eligible detainees can leave prison much earlier, either to go to a closed centre or with the prospect of rapid deportation to their country of origin. For those unable to be deported, often because Belgium lacks an agreement with their country or the country refuses to take them back, an additional 20-day period will be provided after the provisional release date. They will simply receive an order to leave the territory.
The government hopes to ease the burden on prisons, which had about 13,585 inmates around a week ago, while the official capacity is around 11,040. Of these inmates, 704 were on extended penitentiary leave, and 192 were sleeping on the floor. More than 4,000 inmates were individuals without valid residence permits in Belgium.
Pending parliamentary approval for the new regulations, emergency measures introduced by Annelies Verlinden’s predecessor remain in place. These include extended penitentiary leave and the suspension of sentences of up to three years - formerly five years.