Early release for some inmates to curb prison overcrowding

In an effort to curb overcrowding in Brussels prisons, certain people with sentences of three years or less can be released after one year, or even six months if they serve out the rest of their sentence under electronic surveillance.

A notable exception to the rule is people convicted of domestic violence, following an amendment made after the attempted femicide in Houthalen-Helchteren in Limburg earlier this month. Other exceptions include perpetrators of incest or child abuse.

Belgium’s structural problems with prison overcrowding are especially bad at the moment. More than 13,700 people were serving time in prison at the beginning of July, despite the system only having room for 11,000 prisoners. As a result, many prisoners are sleeping on the floor.

About 4,000 convicts who would normally be in prison remain free with suspended sentences due to a lack of places available and more than 600 prisoners are on extended prison leave.

Justice minister Annelies Verlinden (CD&V) received the green light for emergency legislation to combat the overcrowding.

Verlinden’s initiatives include that for sentences of up to three years, prison is to be considered a last resort, which means that judges will have to justify why they are not proposing alternative sentences.

For prison sentences of up to six months, judges will have to impose an alternative sentence.

Under former justice minister Vincent Van Quickenborne (Open VLD), people sentenced to less than three years in prison were forced to serve their sentence despite overcrowding – a stance that sparked controversy given the poor conditions in packed prisons.

Under the emergency law, those sentenced to up to three years in prison can be released early after serving a third of their sentence. They can be released after only six months if they wear an electronic tag.