Prisoner rights at the stage of serving a sentence are guaranteed by several institutions of the Criminal Code of Georgia: the replacement of the unserved part of the sentence with a lighter penalty, release from further serving due to illness or old age, and the review of life imprisonment. These norms give the convicted person real options — based on conduct, health and age, to convert the sentence to a lighter form or be released altogether.
Replacement of the unserved part
For a person convicted of a less grave crime by imprisonment, the local council of the Special Penitentiary Service may, taking into account his or her conduct during serving, replace the unserved part with a lighter penalty — and the person may also be fully or partially released from serving an additional penalty, except confiscation of property. The precondition is that at least one third of the term has actually been served. A person sentenced to fixed-term imprisonment — other than in a special-risk facility — may, with consent, have the unserved part replaced by community service or house arrest. In that case the following must actually have been served: for a less grave crime — at least one third of the term; for a grave crime — at least one half; for an especially grave crime — at least two thirds; after revoked parole — two thirds. The actually served term of imprisonment must not be less than three months. After replacement, the conduct of the convicted person is controlled by the Probation Bureau.
Recalculation and the rules of revocation
The recalculation of the replaced sentence is precisely defined: five hours of community service count as one day of imprisonment, and one day of house arrest as one day of imprisonment. If the convicted person deliberately evaded the work or the obligations of house arrest, the court, on the proposal of the Bureau, revokes the replaced penalty and orders the unserved part of imprisonment to be served; upon commission of a negligent crime, the court decides on revocation or maintenance; upon an intentional crime, the replaced penalty is revoked and a new sentence is imposed. The court's decision may be appealed in the manner established by legislation.
Release due to illness and age
The court may release a convicted person from further serving if his or her state of health is incompatible with serving and, according to an expert conclusion, recovery is not expected; a convicted person placed in a penitentiary facility may be released through the joint standing commission of the ministries of justice and health where the lethality prognosis determined by consensus of a consilium of doctors is high. Upon recovery, liability may again be imposed if the limitation periods have not expired. Release due to old age is available to women from 65 and men from 70 years of age, where life imprisonment has not been imposed and at least half of the sentence has been served. In deciding, the court considers the personality, the character of the crime, the risk of repetition and the conduct during serving.
Review of life imprisonment
A person sentenced to life imprisonment has two routes. The first is conditional release, if twenty years have actually been served and the preparation program for release has been successfully completed; the court decides on the basis of the program's final report, conduct, prior convictions, the risk of repetition and the personality. The second is replacement of the sentence: after actually serving fifteen years, completing the program and the court's assessment, life imprisonment may be replaced by house arrest for a term of not less than five and not more than ten years, or by community service for the same term. A new intentional crime during the probation period revokes the release and entails a new sentence.
Frequently asked questions
What minimum term must actually have been served for replacement?
Where the unserved part is replaced by community service or house arrest, the term of imprisonment actually served by the convicted person must not be less than three months.
When may the sentence be replaced by a lighter form?
For a less grave crime — after serving one third of the term; for replacement by work or house arrest — one half for grave and two thirds for especially grave crimes.
How is the time of the replaced sentence counted?
Five hours of community service — one day of imprisonment; one day of house arrest — one day.
Is release due to illness possible?
Yes — by the court on the basis of an expert examination, and for gravely ill prisoners by decision of the joint commission of the ministries.
When does an elderly prisoner acquire the right to release?
A woman — from 65, a man — from 70 years of age, where life imprisonment was not imposed and at least half of the sentence has been served.
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