Measures leading to the release and discharge from prison - Law and practice in the German federal states

The article deals with the legal conditions and practical developments of relaxation of the prison regime through transfer to open prisons and different forms of prison leave in Germany in a comparison of the federal states. The main measures are transfer to an open prison, short-term and long-term prison leave (regularly 2-3 days) and release for work or educational or vocational training programmes (Freigang), i. e., the regular daily leaving of the institution to pursue work or training. Such leaves of absence include accompanied leaves and work outside the prison under supervision of prison staff. In terms of the federal state prison laws enacted since 2006, the legal situation differs considerably in some details of a regime oriented in varying degrees towards different forms of temporary release. The statistics compiled in the federal states show variations in practice. In Berlin and North Rhine-Westphalia, there were around 6-10 times as many prisoners accommodated in open prisons on a specific date compared to Bavaria, Hesse, Saxony, Saxony-Anhalt or Thuringia. Similar differences can be found in the relaxation of enforcement measures (prison leaves etc.), where the city states of Berlin, Bremen, Hamburg and North-Rhine Westphalia make much greater use of transition-oriented measures than the southern federal states in eastern and western Germany. Further details such as the statistics of prison leaves, which declined to varying degrees during the Covid pandemic, are discussed. Overall, there are some deficits and untapped potential of a transition-oriented prison system, from which obviously only some of the prisoners benefit. This shows that a more >> liberal << prison practice that promotes transfer to open prisons and prison leaves does not lead to a loss of security for the general public due to prisoners abusing this relaxation.

Automated summary

The article compares the legal conditions and practical developments of relaxation of prison regimes, particularly transfer to open prisons and different forms of prison leave, in Germany's federal states. The statistics show variations in practice across different states, with some states accommodating significantly more prisoners in open prisons and using transition-oriented measures more frequently than others. The article also discusses the decline in prison leaves during the Covid pandemic. Overall, the article highlights the untapped potential and deficits of a transition-oriented prison system, suggesting that liberal prison practices do not compromise public safety.