Relaxation of prison sentences and legal probation for imprisoned sex offenders

Correctional privileges such as temporal absences for incarcerated offenders (>> Vollzugslockerungen <<) are important components for offender rehabilitation in the German penal system. Their preventive effects on recidivism are theoretically plausible, however, there is not much empirical research that considers differences between offenders with and without privileges as well as outcomes of reoffending.Therefore, this study examines the relationship between risk factors, temporal absence, and recidivism among incarcerated sexual offenders. Data was obtained from all sexual offenders released in Bavaria from 2004 to 2015 with at least two years of imprisonment (n = 1,496). For each releasee, a comprehensive questionnaire was completed, including the items of the Static-99. Recidivism was obtained via federal data and was available for n = 1,241 sexual offenders.Approximately 30 % of the sample were granted temporal absence while incarcerated. The proportion was significantly higher for younger, treated, confessing, German, and socially integrated prisoners, as well as for those who had no disciplinary measures, less criminal preconvictions and lower scores on the Static-99. Prisoners that were allowed to leave the prison during their incarceration were less likely to recidivate within 3 years. The effect diminished after controlling for the release setting. Sex offenders with an unfavourable release setting had an almost 1.6-times increased risk of reoffending within 7 years, even after controlling for other risk factors. Potential explanations and implications for correctional planning are discussed.

Automated summary

Correctional privileges, such as temporal absences, in the German penal system are important for offender rehabilitation and preventing recidivism. However, there is limited empirical research on differences between offenders with and without privileges, as well as the outcomes of reoffending. This study examines the relationship between risk factors, temporal absence, and recidivism among incarcerated sexual offenders in Bavaria. The findings suggest that prisoners granted temporal absence are less likely to recidivate, and offenders with unfavorable release conditions have a higher risk of reoffending, even after controlling for other risk factors.