Section 11: Provisions applicable to the judicial supervision of dangerous persons convicted of a felony or misdemeanour

At the beginning of each month, the prison registry sends the public prosecutor a copy of the criminal record of persons sentenced to a custodial sentence of seven years or more, or, if the person has been sentenced for repeat offences, five years, and whose release is due to take place between the sixth and twelfth months thereafter, for the purpose of possible placement under judicial supervision. A copy of…

The public prosecutor checks whether the person is a person convicted of a crime or offence mentioned in article D. 147-31 and against whom socio-judicial supervision has not been ordered. When this is the case, it checks with the sentence enforcement judge to see if a parole project is being considered. If no application for conditional release is registered with the registry of the sentence enforcement judge, or if, if…

In order to assess the need for judicial supervision, the sentence enforcement judge and the public prosecutor may, in accordance with the provisions of Article 723-31, order a medical examination, the provisions of Article 712-21 requiring for certain crimes a duality of experts not being applicable to this expertise. If they consider it appropriate, they may also order, in accordance with the provisions of Article 723-31-1 alternatively or cumulatively: the…

If the expert opinion ordered pursuant to the provisions of article 723-31 concludes that the sentenced person is dangerous and establishes a risk of re-offending that appears to be proven, the public prosecutor shall request that the sentenced person be placed under judicial supervision upon release in accordance with the provisions of article 723-29 and forwards his recommendations to the sentence enforcement judge for referral to the sentence enforcement court.

The expert opinion provided for in article 723-31 may not be ordered if the convicted person’s individual file contains an expert report dating back less than two years, ordered where applicable when an application for conditional release was made, and which concludes that the convicted person is dangerous and from which it emerges that there is a risk of reoffending that appears to be proven. However, in the case of…