Last week, when the Minister of Justice came to exhibit the content of her bill in committee, several elected officials of the majority had asked her to try to assess the impact of these emergency measures. They aim to reduce overcrowding in Belgian prisons, more critical than ever: there were a week ago 13,120 people staying in prison, for a real capacity of 11,040 places. Outside prisons, more than 3,500 people sentenced to “short” sentences (3 years maximum) are still waiting to carry out their sentence.
Why the Belgian prisons are overcrowded … while crime drops
Prison as last appeal
Minister Verlinden, who inherited this explosive file and the emergency measures under the previous government (including the very controversial prolonged penitentiary leave), offers three new elements. The first is a way of bringing into force earlier than expected an element which is already integrated into the new penal code: considering prison as “last resort” for short sentences. For the facts for which the author is not at risk of more than 6 months of detention, the penal code will dictate the judge to inflict an alternative sentence: electronic surveillance, work penalty or autonomous probation penalty (or no pain at all). No passage through the prison box, therefore. And for facts liable to more than 6 months and maximum 3 years, the judge will have to motivate his decision if he still chooses to send the person to prison, justifying why it is impossible to achieve the same result with an alternative sentence.
The second measure is temporary (maximum 5 years): we adjust the conditions for granting the terms of execution of sentences, so that the judges of application of the sentences can more easily leave prison of people who serve a maximum sentence. Concretely, the judge of application of sentences may more quickly place such a detainee under electronic surveillance, or make him benefit from a parole, by verifying a limited number of contraindications. The procedure will only be written, and without the possibility of postponement. The measure does not apply to sex offenders, people condemned for acts of terrorism or who have signs of violent extremism.
Initially, the minister had to entrust this task to the prison directors, but the Council of State put the off. It would be to come back to a very recent legislative change, which precisely places these decisions in the hands of the judiciary, and more those of the administration. The impact in terms of reduction in overcrowding, however, risks being less marked.
Less crimes, but no more detainees: why this curious Belgian obsession for prison?
2000 Conernées detainees
Among the current prison population, some 2,000 detainees could be affected, the minister said on Tuesday. At the entry into force of the law, 373 of them would already be in the right conditions of time to be possibly placed under electronic bracelet (6 months before the third of the sentence), and 624 to benefit from a parole (a third of the sentence). Based on these figures, the minister thinks that we could expect what about 700 prisoners leave the prison.
The third measure provides, due to acute overcrowding, to be able to release 6 months before the end of their sentence those who are sentenced to a sentence of up to 10 years. With exceptions for those condemned for terrorism, facts of manners, etc. There, it is the prison director who will decide. Some 200 detainees could theoretically benefit from it.
