ABSTRACT
Early release in Germany is based on discretionary decisions — that is, conditional release from determinate prison sentences after prisoners have served (exceptionally) half or (routinely) two thirds of their sentences (of up to 15 years), or from life sentences after having served at least 15 years. Conditional release is granted to prisoners with good prognoses, but the exclusion of all risk is not required — a ‘justifiable’ degree of risk is accepted. There are more detailed regulations for the young inmates of youth prisons (aged 14–24 years). For those conditionally released from mental hospitals and preventive detention, special regulations for prognostic criteria and supervision are provided. The competent authority for conditional release is always a judge (special chamber of the District Courts), which is a requirement of the Constitution (Art. 104(2) of the Basic Law).
Statistical data about conditional release are not very accurate but, in practice, such release seems to have become less frequent over the last 10–15 years. A major law reform in 1998 provided more restrictive legal requirements for detainees in preventive detention and forensic psychiatric hospitals. The system of early release includes supervision by the probation services, but case loads are very high: on average about 70 clients per probation officer. The results concerning revocation are, nevertheless, very positive. Less than half of all conditional releases from prisons are revoked. There are also numerous new management systems and programmes of networking that link social 186services in prison with probation and aftercare services, with the aim of improving the prisoner's preparation for release and aftercare.
