Section 10: Compulsory release

When a convicted person serves one or more custodial sentences of a total duration of less than or equal to five years, the prison administration must, at least one month before the duration of the sentence served is equal to twice the duration of the sentence remaining to be served, or, if the sentence is less than or equal to six months, at the time of committal or when the…

The refusal of the sentenced person expressed after the information provided for in article D. 147-17 is recorded by the prison integration and probation service, which informs the sentence enforcement judge.

If the person has not indicated that he or she refuses this measure, the prison integration and probation service shall, in good time, forward to the sentence enforcement judge, before the meeting of the sentence enforcement commission at which the person’s situation is to be examined, its opinion on whether it is impossible to implement one of the measures with regard to the requirements of Article 707.

There is no need to apply the provisions of articles D. 147-17 to D. 147-17-2 when the sentenced person has filed an application for sentence adjustment pending before the sentence enforcement court.

The decision to release an offender on parole may be made before the date on which the sentence served is at least equal to twice the sentence remaining to be served, provided that it specifies that the measure ordered will only be implemented from that date.

The prison integration and probation service located within the jurisdiction of the prison in which the person subject to compulsory release is incarcerated will give or arrange for the person to be given, no later than the day of his release, a notice to appear before the prison integration and probation service territorially competent to monitor him after his release. The maximum time limit for appearing is five working days…

In application of the fifth paragraph of l’article 720, the President of the Enforcement Division of the Court of Appeal may be requested to do so by the offender or the Public Prosecutor, or may do so on his or her own initiative if the Enforcement Judge has not issued a decision on the release of the offender under restraint from the date on which the sentence served is equal…

Compulsory release does not apply to persons undergoing sentence adjustment while in prison, except where they benefit from outside placement under the supervision of prison staff under the conditions defined in articles D. 129 of this code and D. 424-10, D. 424-11, D. 424-12 and D. 424-13 of the Penitentiary Code.