Conditional Release from Imprisonment Law, 5761-2001
חוק שחרור על-תנאי ממאסר, תשס"א-2001
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Chapter I: Interpretation
Definitions§
In this Law –
"imprisonment" – imprisonment imposed in criminal proceedings, excluding imprisonment for non-payment of a fine;
"life imprisonment" – imprisonment for an indeterminate period;
"life prisoner" – a person upon whom a sentence of life imprisonment has been imposed, whether or not the sentence has been commuted;
"the Authority for Prisoner Rehabilitation" – as defined in the Authority for Prisoner Rehabilitation Law, 5743-1983;
"the Board" – a Release Board or a Special Release Board;
"Release Board" – a board appointed pursuant to the provisions of section 32;
"Special Release Board" – a board appointed pursuant to the provisions of section 33;
"Criminal Procedure Law" – the Criminal Procedure Law [Consolidated Version], 5742-1982;
"Penal Law" – the Penal Law, 5737-1977;
"the Unit for Release from Short-Term Imprisonment" – as defined in section 31a;
"Prison Ordinance" – the Prison Ordinance [New Version], 5732-1971;
"Probation Ordinance" – the Probation Ordinance [New Version], 5729-1969;
"Probation Service" – as defined in Chapter IV of the Probation Ordinance.
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Contact Us →Chapter II: Conditional Release
Section A: Authority for Conditional Release
Conditional Release by the Unit for Release from Short-Term Imprisonment§
Conditional Release by a Release Board§
Conditional Release from Prolonged Imprisonment by a Special Release Board§
A prisoner, other than a life prisoner, who has been in imprisonment for at least 25 years, may be conditionally released by a Special Release Board, even if two thirds of his imprisonment period have not yet elapsed; however, the Special Release Board shall not release such a prisoner unless it is satisfied that the prisoner is worthy of release and that his release does not endanger public safety.
Conditional Release from Life Imprisonment by a Special Release Board§
A life prisoner whose sentence has been commuted and who has served at least two thirds of the commuted period may be conditionally released by a Special Release Board from serving the remainder of the period of imprisonment; however, the Special Release Board shall not release such a life prisoner unless it is satisfied that the prisoner is worthy of release and that his release does not endanger public safety.
Restriction on Conditional Release§
Conditional release shall not be granted from a period of imprisonment that a prisoner is required to serve by reason of the revocation of his conditional release, except for release on medical grounds pursuant to section 7.
Conditional Release on Medical Grounds§
"prisoner" – a person upon whom a sentence of imprisonment has been imposed, including a person in respect of whom a court has decided that he shall serve his sentence of imprisonment by way of community service, pursuant to the provisions of Section B-1 of Chapter VI of the Penal Law, provided that he has begun to serve his sentence;
"imprisonment" – including imprisonment for non-payment of a fine;
"physician" – a physician included on a list determined for this purpose by the Director General of the Ministry of Health and published in Reshumot (Official Gazette).
Calculation of the Period of Imprisonment§
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Contact Us →Section B: Conditional Release by a Release Board
Considerations of the Board§
In considering whether a prisoner is worthy of conditional release, the Board shall weigh the risk expected from the prisoner's release to public safety, including to his family, to the victim of the offence and to state security, the prospects for the prisoner's rehabilitation and his conduct in prison; for this purpose, the Board shall take into account, inter alia, the following particulars:
Additional Considerations for the Board's Decision§
Release of a Prisoner Serving Imprisonment for an Offence of Violence or a Sexual Offence within the Family§
Release of a Prisoner Serving Imprisonment for a Sexual Offence or Who Is Mentally Ill§
Conditions of Release§
Conditional Release from Imprisonment under Electronic Monitoring§
"(c) details of the monitoring plan with respect to the periods during which the monitored person is required to remain at the monitoring location, as well as the determination of restrictions with respect to the places where he is permitted to be at times when he is not required to be at the monitoring location, insofar as the Release Board has found that there are grounds to determine such restrictions.
Licence for a Conditionally Released Prisoner§
Amendment of Conditions of Release§
The Board may, at any time, until the expiry of the period of the condition, amend, at its discretion, the conditions of release determined pursuant to the provisions of section 13(b) to (d).
Procedure for Hearing an Application for Conditional Release and for Hearing an Amendment of Conditions of Release§
Hearing before the Board by Means of Video Conferencing — Temporary Provision§
Confidential Information§
Rules of Procedure Concerning Confidential Information§
The Minister of Justice, in consultation with the Minister of Internal Security and with the Minister of Defence, may make Regulations concerning the rules of procedure for an application pursuant to section 17 and for a petition pursuant to section 26, to the extent not regulated in this Law.
Further Hearing on a Board Decision Not to Conditionally Release a Prisoner§
Where the Board has decided not to release a prisoner, it shall not resume hearing his matter unless one of the following has occurred:
Further Hearing on a Board Decision to Conditionally Release a Prisoner§
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חוק שחרור על-תנאי ממאסר, תשס"א-2001
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