Title III: Conditional release

To facilitate the monitoring of the situation of convicts with regard to conditional release, a file is kept in all prisons which shows the foreseeable date of their release and the date of expiry of the probation period or the security period. The prison registry notifies convicts in good time that they are eligible for conditional release. This file is presented to the sentence enforcement judge and to the judicial…

At least once a year, and even in the absence of a request from the persons concerned, the sentence enforcement judge shall examine in good time the situation of convicted persons eligible for conditional release so that they may be eligible for the measure as soon as they meet the conditions laid down by law. In the case provided for in the second paragraph of Article 730, the sentence enforcement…

At least two months before the date scheduled for the examination provided for by Article 730-3, the convicted person is summoned by the prison integration and probation service to state whether he or she opposes any conditional release measure. The person’s choice is recorded in a report signed by the person concerned. It is brought to the attention of the sentence enforcement judge without delay. The prison integration and probation…

The application for conditional release falling within the jurisdiction of the sentence enforcement judge must be examined within four months of its submission, in accordance with the provisions of article D. 49-33. Those under the jurisdiction of the parole enforcement court must be examined within six months of their submission, in accordance with the provisions of article D. 49-36. Failing this, the sentenced person may apply directly to the enforcement…

Once he meets the conditions laid down by Article 729 or by l’article 729-3, any convicted person may, even if not in prison, be eligible for conditional release.

Without prejudice to the provisions of Article D. 523, the sentence enforcement judge shall gather the information necessary to examine the application for conditional release. To this end, he may apply the provisions of article 712-16. In all cases, the sentence enforcement judge may also seek the opinion of the public prosecutor of the judicial court within whose jurisdiction the sentenced person wishes to establish residence. The public prosecutor may…

When the matter is referred to them, the enforcement court and the enforcement division of the court of appeal, or the presidents of these courts, may also carry out additional investigative measures or have them carried out. The court considering granting conditional release is required to seek the opinion of the public prosecutor of the judicial court within whose jurisdiction the convicted person wishes to establish his residence if this…

In accordance with the provisions of article 730-2, conditional release may only be granted after a multi-disciplinary assessment of dangerousness, accompanied by a medical examination, when it concerns a person who has been sentenced to life imprisonment or who, regardless of the length of detention remaining to be served, has been sentenced either to a term of imprisonment or criminal detention equal to or exceeding fifteen years for an offence…

In the event of a conviction mentioned in the first paragraph of article D. 527-1, the multidisciplinary assessment of dangerousness and the accompanying medical expertise must also be carried out, in accordance with the provisions of articles 730-2 and D. 527-1, prior to any placement under semi-liberty or electronic surveillance probationary to conditional release ordered pursuant to the provisions of articles 723-1 and 723-7. In this case, at the end…

The multidisciplinary assessment of dangerousness provided for by article 730-2-1 is carried out by the multidisciplinary committee on security measures referred to in Article 763-10 with jurisdiction for the Paris Court of Appeal. When it rules in application of the first paragraph, its composition provided for by article R. 61-8 is amended as follows: 1° It is completed by a police officer or a member of the gendarmerie who is…