Rulings concerning work release, semi-liberty, splitting and suspension of sentences, home detention under electronic surveillance and conditional release are made, after consulting the representative of the prison administration, following an adversarial hearing held in chambers, during which the sentence enforcement judge hears the prosecution’s submissions and the sentenced person’s observations and, where applicable, those of his lawyer, without prejudice to the application of the provisions of article 712-16-3. If the convicted person is detained, this hearing may take place in the prison. The provisions of article 706-71 may be applied.
The sentence enforcement judge may, with the agreement of the public prosecutor and that of the sentenced person or his lawyer, grant one of these measures without holding an adversarial debate.
The sentence enforcement judge may also, whenever he or she considers it necessary, decide, of his or her own motion or at the request of the convicted person or the public prosecutor, to refer the case to the sentence enforcement court. The judge who orders this referral is a member of the court that rules in accordance with article 712-7. The referral decision constitutes a measure of judicial administration that is not subject to appeal.
The provisions of this article shall also apply, unless otherwise provided by law, to decisions of the sentence enforcement judge concerning sentences of socio-judicial follow-up, residence ban, community service, probationary suspended imprisonment or deferment measures with probation.