The Legal Framework of Conditional Early Release in Georgia
Conditional early release from serving a sentence — release before the expiry of the term — is fully regulated by Article 72 of the Criminal Code of Georgia, and it is that norm which determines who decides the question of release, what minimum fraction of the sentence must actually have been served, and what follows the release. The identity of the decision-maker is decisive. Where the sentenced person has been assigned community service, corrective labour, restriction of military service or house arrest, the question of release is decided by a court, on the rationale that the convicted person's correction no longer requires the full serving of the sentence. Where a term of imprisonment has been imposed — except for a convict placed in a special-risk detention facility — the question passes to the local council of the Special Penitentiary Service, a state sub-agency within the system of the Ministry of Justice of Georgia. The "parole board" familiar from Anglo-American practice corresponds to precisely this local council, together with the probation bureau that supervises released persons.
The Minimum Fractions of the Sentence Actually Served
The law strictly defines what part of the sentence must in any event have been actually served. Conditional early release is possible only if the convict has served: for a less-grave crime, not less than one half of the term of the sentence; for a grave crime, not less than two thirds; and for an especially grave crime, not less than three quarters. A stricter threshold applies to a second attempt: three quarters must have been served by a person who was previously conditionally released before the expiry of the term and whose release was revoked on the basis of the sixth part of the article, and equally by a person whose unserved part was replaced by a lighter type of sentence and whose replaced sentence was then revoked. There is also an absolute minimum: the term of imprisonment actually served by the convict must not be less than six months. These calculations extend to conversion arithmetic as well: on release from a sentence of community service, five hours of such labour count as one day of imprisonment, and on release from house arrest one day of house arrest counts as one day of imprisonment.
Duties, Supervision and Revocation of Release
Upon conditional early release the convict may be assigned duties provided for by the Code, to be performed within the term of the unserved part of the sentence; in addition, the released person may be fully or partially released from serving a supplementary sentence. The conduct of the released person is controlled by the bureau for crime prevention, the execution of non-custodial sentences and probation, while the conduct of a serviceman is controlled by the leadership of the military unit. Behaviour during the unserved term carries heavy consequences. If the convict persistently evades the performance of the duties imposed, the court may, on the submission of the competent bodies, revoke the release and order the serving of the unserved part of the sentence. If the convict commits a negligent crime, it is for the court to decide whether the release is revoked or remains in force. And if an intentional crime is committed, the court passes a new sentence under the rules established by the Code — the same rules that apply where release is revoked following a negligent crime. Each of these paths leads to a different procedural outcome, and the role of legal assistance at that juncture is to ensure the facts are placed in the right category.
The Procedural Side of the Application
The title of this page speaks of applications, and precision is needed exactly here. The Criminal Code defines the material conditions of release — the competent organ, the served fractions and the consequences — but the formal procedure for the application, the list of documentation and the administrative steps of submission are established by a legal act of the Ministry of Justice and are not directly regulated by the Code. For the convict and the family this means that two levels of knowledge matter. On one level, the local council's decision stands on the test whether the person's correction still needs the full serving of the sentence, and that test depends on the convict's conduct. On another level, procedural deadlines and formalities obey a separate administrative regime. Early legal advice at the start of the process frequently determines whether the request is heard at all, and heard in full.
Frequently Asked Questions
Below we answer the most common questions about conditional early release.
Who decides the question of conditional early release?
For a non-custodial sentence — the court; for a term of imprisonment — the local council of the Special Penitentiary Service, except for a convict held in a special-risk facility.
What fraction of the sentence must have been served?
Not less than one half for a less-grave crime, two thirds for a grave crime, three quarters for an especially grave crime, and three quarters after a revoked release; the imprisonment actually served must not be less than six months.
Can a released person be returned to serve the sentence?
Yes: on persistent evasion of duties, on an intentional crime, or — by the court's decision — on a negligent crime, the release is revoked and the unserved part is served.
How are non-custodial sentences counted toward the served term?
Five hours of community service count as one day of imprisonment, and one day of house arrest as one day of imprisonment.
How We Help on Legal.ge
Preparing a request for conditional early release requires both an exact calculation of the served term and a persuasive presentation of the convict's conduct and correction. On Legal.ge you can consult an experienced criminal lawyer who will assess your case, help you assemble the documentation, and represent your interests before the local council and the court. Fill in the request form on the site and receive qualified assistance.