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Conditional Release from Imprisonment Law, 5761-2001

חוק שחרור על-תנאי ממאסר, תשס"א-2001

Published: 2001-06-20Consolidated Hebrew text as of 2026-07-30 · Last amended 2026-02-28✓ Amendment status checked against the Knesset legislation record on 2026-09-17
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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.

Section C: Conditional Release by the Unit for Release from Short-Term Imprisonment

Considerations of the Unit for Release from Short-Term Imprisonment§
19b.
(a)When coming to decide whether a prisoner is fit for conditional release, the Unit for Release from Short-Term Imprisonment shall consider the considerations referred to in section 9 and for that purpose shall take into account, inter alia, the particulars listed in paragraphs (1) to (8) and (10) of that section, with the following modifications:
(1)in paragraph (4), before "before the Boards" read "before the Unit for Release from Short-Term Imprisonment or";
(2)in place of paragraph (7) read:

"(7) opinions on the prisoner given by the Israel Prison Service, the Israel Police or the security authorities;".

(b)The provisions pursuant to sections 11 and 12 shall not apply in respect of a decision of the Unit for Release from Short-Term Imprisonment; however, in respect of a decision on the conditional release of a prisoner as referred to in section 12, the Unit for Release from Short-Term Imprisonment shall consider a risk assessment as referred to in section 3(c1) of the Law for the Protection of the Public from the Commission of Sex Offences, if it has been transmitted to it.
Conditions of Release, Licence for a Conditionally Released Prisoner and Amendment of Conditions of Release§
19c.
(a)The provisions pursuant to sections 13(a) and (c) to (e) and 14 shall apply, with the necessary modifications, to the conditional release of a prisoner pursuant to this Chapter by the Unit for Release from Short-Term Imprisonment.
(b)The Unit for Release from Short-Term Imprisonment may make a prisoner's release subject to additional conditions.
(c)The Unit for Release from Short-Term Imprisonment may, at any time up to the end of the conditional period, amend at its discretion the conditions of release set pursuant to the provisions of subsection (b), provided that it has given the prisoner an opportunity to state his arguments in writing; the Unit shall not make a decision pursuant to this subsection unless it has given the Israel Police or the security authorities, as the case may be, an opportunity to transmit their position on the matter to it.
Procedure for Hearing an Application for Conditional Release and for Hearing an Amendment of Conditions of Release§
19d.
(a)The Unit for Release from Short-Term Imprisonment shall deliberate and decide on an application for conditional release on the basis of the application and the documents submitted to the Unit in connection with that application; a hearing as aforesaid shall be held without the presence of the prisoner or his counsel; however, the Unit for Release from Short-Term Imprisonment may, in exceptional cases, allow the prisoner to state his arguments before it; where the Unit has so allowed, it may also allow the entity referred to in section 9(7), as worded in section 19b(a)(2), to state its arguments before it.
(b)
(1)The Unit for Release from Short-Term Imprisonment shall take into account, for the purpose of its decision, all information relevant to the matter that has been brought before it, including information which in the opinion of the entity that provided it to the Unit, disclosure thereof to the prisoner is likely to harm State security or another important public interest (in this section — confidential information); confidential information as aforesaid shall not be transmitted to the prisoner;
(2)the Unit for Release from Short-Term Imprisonment shall indicate in its decision whether confidential information as aforesaid was placed before it and shall also include particulars or a summary of the confidential information, in the wording transmitted by the entity that provided the information, to the extent that the said entity considered that this could be done without harming State security or the other public interest.
(c)An opinion of the Israel Prison Service, as referred to in section 9(7) as applied in section 19b(a)(2), which includes information concerning the offence for which the prisoner is serving a sentence of imprisonment, the period of imprisonment imposed on him by the court, the prisoner's prior convictions and the periods of imprisonment he served in respect thereof, as well as information as referred to in section 9(4), (6) and (10), and excluding confidential information, shall be transmitted to the prisoner before a decision is made in his matter, and he is entitled to submit his response in writing within 48 hours.
(d)The decision of the Unit for Release from Short-Term Imprisonment shall be reasoned and shall be signed by its members, and the documents placed before it shall be specified therein; a copy of the decision shall be delivered to the prisoner and shall also be transmitted to the Israel Police and in appropriate cases also to the security authorities, and where the conditional release was made subject to conditions as referred to in section 13(c) as applied in section 19c(a) — also to the Probation Service or to the Authority for Prisoner Rehabilitation, as the case may be.
Regulations Concerning the Rules of Operation of the Unit for Release from Short-Term Imprisonment§
19e.

The Minister of Justice, with the consent of the Minister of Internal Security and with the approval of the National Security Committee of the Knesset, may prescribe provisions concerning the rules of operation of the Unit for Release from Short-Term Imprisonment.

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Chapter III: Revocation of Conditional Release

Revocation of Release due to a Further Offence§

20.
(a)Where a prisoner who has been conditionally released pursuant to the provisions of Chapter II has committed a further offence during the conditional period, the Board shall revoke his release and shall require him to serve imprisonment of a duration equal to the length of the conditional period.
(b)Notwithstanding the provisions of subsection (a), the Board may, in special circumstances, decide, for reasons that shall be recorded, on the continuation of release under the conditions set by it or by the Unit for Release from Short-Term Imprisonment, as the case may be, or under other conditions it shall set, provided that the prisoner has not been sentenced to actual imprisonment in respect of the further offence he committed during the conditional period; where the Board has so decided, a new conditional period shall commence in respect of the released prisoner; for this purpose —

"actual imprisonment" — excluding imprisonment by way of community service pursuant to the provisions of Section B-1 of Chapter VI of the Penal Law;

"new conditional period" — a period commencing on the day of the decision on the continuation of release and of a duration equal to the length of the conditional period; the Board's decision on the continuation of the conditional release of a prisoner pursuant to the provisions of this subsection shall be given, in respect of that prisoner, only once.

(c)Notwithstanding the provisions of subsection (a), the Board may, in special circumstances, order that a prisoner whose release has been revoked pursuant to the provisions of subsection (a) shall resume serving imprisonment for a period shorter than the length of the conditional period, but not less than half thereof; where the Board has so ordered — the period of imprisonment that the prisoner did not serve, pursuant to the Board's order, shall be a conditional period, which shall commence upon the prisoner's release from the period of imprisonment he served and shall be cumulative with any other conditional period he has.
(d)(Repealed)

Revocation of Release due to Breach of Another Condition§

21.
(a)Where a prisoner who has been conditionally released pursuant to the provisions of Section C of Chapter II has breached a condition from among the conditions referred to in section 13(a) and (c) to (e), as applied to him in section 19c(a), or a condition as referred to in section 19c(b), and also where a prisoner who has been conditionally released pursuant to the provisions of Section B of Chapter II has breached a condition from among the conditions referred to in section 13(b) to (e) or the conditions of the supervision programme pursuant to section 13a, the Board may revoke the release and require the prisoner to serve imprisonment of a duration equal to the length of the conditional period or part thereof; where the Board has decided not to revoke the release, it shall caution the released prisoner not to again breach the conditions of his release, and may determine that a new conditional period shall commence in respect of the released prisoner; for this purpose, "new conditional period" — a period commencing on the day of the caution and of a duration equal to the length of the conditional period.
(b)Where the Board has decided, pursuant to the provisions of subsection (a), that the prisoner shall resume serving imprisonment for a period shorter than the length of the conditional period — the period of imprisonment that the prisoner did not serve, pursuant to the Board's decision, shall be a conditional period, which shall commence upon the prisoner's release from the period of imprisonment he served and shall be cumulative with any other conditional period he has.
(c)For the purpose of its decision pursuant to subsection (a), the Board shall consider, as a primary consideration, the public interest in compliance with conditions of conditional release, and shall also take into account the severity of the breach, its nature, its frequency and the degree of danger to the public arising therefrom, and in respect of a breach of restrictions imposed by an Order pursuant to section 3 of the Sex Offender Restrictions Law, the Board shall give weight to the interest of the victim of the offence.

Revocation of Conditional Release of a Prisoner Released on Medical Grounds§

21a.

The Board may revoke the release of a prisoner who has been conditionally released pursuant to section 7(a), and require him to serve imprisonment of a duration equal to the length of the conditional period less the period during which he was released, if it has found, after an opinion of a physician as defined in section 7(e) has been brought before it, and after it has given the prisoner an opportunity to state his arguments before it, that the medical grounds for which he was released no longer exist in respect of the prisoner.

Revocation of Conditional Release due to False Information§

21b.

The Board may revoke the release of a prisoner who has been conditionally released pursuant to the provisions of Chapter II and require him to serve imprisonment of a duration equal to the length of the conditional period, or part thereof, if it has found, after it has given the prisoner an opportunity to state his arguments before it, that the prisoner was released on the basis of false information.

Revocation of Release after the Conditional Period§

22.
(a)The Board may revoke the conditional release of a prisoner pursuant to the provisions of Chapter II even after the end of the conditional period; however, a release as aforesaid shall not be revoked —
(1)due to the commission of a further offence during the conditional period for which an indictment has been filed, if more than three months have elapsed from the day on which judgment was given in respect of the further offence at first instance until the submission of the application for revocation of the release;
(2)due to a breach of a condition from among the conditions referred to in section 13, if more than three months have elapsed from the end of the conditional period until the submission of the application for revocation of the release.
(b)In this section —

"submission of an application" — including a report pursuant to the provisions of section 23(b);

"judgment" — including a decision following which community service was terminated pursuant to section 51j of the Penal Law, a decision to forfeit a probation order pursuant to section 16 or 17 of the Probation Ordinance, and a decision to revoke a service order pursuant to section 71d of the Penal Law.

Order of Serving Imprisonment after Revocation of Conditional Release§

22a.

Notwithstanding the provisions of section 45 of the Penal Law, where the conditional release of a prisoner has been revoked pursuant to sections 20 to 22, the prisoner shall serve the remainder of the period of imprisonment he is required to serve due to the revocation of his release before and cumulatively with any other imprisonment imposed on him, and where he has committed a further offence during the conditional period — also before and cumulatively with any imprisonment that may be imposed on him in respect of that offence; where the prisoner is serving imprisonment at the time his release is revoked, that imprisonment shall be suspended for the purpose of serving the remainder of the period of imprisonment he is required to serve due to the revocation of the release and shall resume upon the expiry of that period; for this purpose, "imprisonment" — includes imprisonment for non-payment of a fine.

Procedure for Breach of Conditions of Release§

23.
(a)The Board shall deliberate, upon a request by a representative of the Attorney General, on the matter of a prisoner who was conditionally released pursuant to the provisions of Chapter II and who breached a condition of his release.
(b)The Board shall deliberate on the matter of a prisoner who was conditionally released pursuant to the provisions of Chapter II and who breached a condition of his release even without a request by the Attorney General, if it was determined in the release decision that a particular authority shall report to the Unit for Release from Short-Term Imprisonment or to the Board, as the case may be, on a breach of a condition of release, and the authority reported as aforesaid.
(b1)Where a representative of the Attorney General has requested a hearing pursuant to subsection (a), or where an authority has reported a breach of a condition of release pursuant to subsection (b), by reason of a breach of a condition of the electronic monitoring programme prescribed for the prisoner pursuant to section 13a, the Board shall hold the hearing on the breach of the condition as soon as possible and no later than the end of 15 days from the date of the request by the representative of the Attorney General or the receipt of the authority's report, as the case may be.
(c)A hearing pursuant to subsections (a) or (b) shall be conducted in accordance with the provisions of sections 16 to 18, with the necessary modifications; however, if a released prisoner was summoned to a hearing as aforesaid, at the address he provided pursuant to the provisions of section 13(d), and did not appear, the Board may deliberate on the breach of the conditions of release and revoke the release even in the absence of the prisoner, and he shall be entitled to request that a re-hearing be held in his presence on the same matter.
(d)The chairperson of the Board may issue an Order for the production of the prisoner before the Board, for the purpose of a hearing on a request for the revocation of a conditional release of a prisoner, at a date to be determined in the Order; the provisions of sections 73a and 73b of the Courts Law [Consolidated Version], 5744-1984, shall apply to such an Order, with the necessary modifications.

Revocation of Release – Order for Imprisonment§

24.

A decision of the Board revoking the conditional release of a prisoner shall have the same effect as an Order for his imprisonment.

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Chapter IV: Petitions against the Unit for Release from Short-Term Imprisonment, a Release Board and a Special Release Board

Petition against the Unit for Release from Short-Term Imprisonment or the Board§

25.
(a)
(1)The prisoner may submit a petition against a decision of the Unit for Release from Short-Term Imprisonment;
(2)The prisoner and a representative of the Attorney General may submit a petition against a decision of the Board, subject to the provisions of section 26(d).
(b)A petition as referred to in subsection (a)(1) or (2) (hereinafter – petition) shall be submitted to the District Court within whose jurisdiction the prison in which the prisoner is held is located, and if he has been released – the prison in which he was held on the eve of his release (in this Law – the Court).
(c)The Court shall deliberate on the petition in a panel of three, to be determined by the President of the Court.
(d)The Court is empowered to issue, in connection with the petition, orders to State authorities and to persons performing functions pursuant to law to do an act or to refrain from doing an act in the performance of their functions as required by law.
(e)A decision of the Court on a petition is subject to appeal before the Supreme Court, if leave to do so has been granted by the Court in the body of the decision or by a justice of the Supreme Court.
(f)Nothing in this section derogates from the jurisdiction of the Supreme Court sitting as the High Court of Justice, pursuant to section 15(d) of Basic Law: The Judiciary.

Hearing of a Petition against the Unit for Release from Short-Term Imprisonment or the Board by way of Visual Conference – Temporary Provision§

25a.
(a)Where a prisoner has requested to participate in a hearing of a petition against a decision of the Unit for Release from Short-Term Imprisonment or of the Board in his matter, or where the Court has ordered his participation in such a hearing, the Court may, upon the prisoner's request, order that the hearing be conducted with his participation by way of visual conference as defined in section 133a(a) of the Criminal Procedure Law, provided that the prisoner is an adult, is represented by a defence counsel and submitted his request through such counsel; the provisions pursuant to sections 133a(c) to (f), 133c and 133d of the Criminal Procedure Law shall apply for this purpose, with the necessary modifications.
(b)The provisions of this section shall remain in force during the temporary provision period as defined in section 133f(a) of the Criminal Procedure Law and shall not apply during the period of validity of a declaration of a partial restriction or a declaration of a full restriction as referred to in section 133f(c) of that Law, or during the period of validity of a declaration of a full restriction or a declaration of a security restriction applicable to a person upon whom the declaration applies pursuant to the Law for the Conduct of Hearings by Visual Conference during a Declaration of Restriction (Detainees, Prisoners and Inmates) (Temporary Provision), 5786-2026.

Petition against Disclosure of Confidential Information§

26.
(a)
(1)Where the Board has decided to disclose confidential information to the prisoner or to his representative, the Attorney General may submit a petition against the disclosure of the confidential information, in whole or in part, to the Court;
(2)Where a representative of the Attorney General has notified the Board that he is considering submitting a petition as referred to in paragraph (1), the Board shall not transfer the information to the prisoner and his representative until a final determination is made on the petition, provided that the petition is submitted within 15 days from the day on which he gave such notice.
(b)
(1)Where a petition against the disclosure of confidential information has been dismissed, a representative of the Attorney General may appeal against this, within 15 days from the day on which the decision to dismiss his petition was served on him, to the Supreme Court, which shall deliberate on the appeal before a single justice;
(2)Where a representative of the Attorney General has notified the Court that dismissed the petition that he is considering submitting an appeal as referred to in paragraph (1), the Board shall not transfer the information to the prisoner and his representative until a determination is made on the appeal.
(b1)Where a representative of the Attorney General has given notice as referred to in subsections (a)(2) or (b)(2), and has subsequently decided not to submit a petition or an appeal as referred to in those subsections, he shall notify the Board thereof as soon as possible.
(c)The hearing of the petition and the appeal against a decision pursuant to this section shall be held in camera, and the Court may examine the confidential information for the purpose of a decision on the petition and receive additional particulars from the representative of the Attorney General regarding the information, not in the presence of the prisoner and his representative.
(d)
(1)A prisoner's petition against a decision of the Board not to disclose confidential information shall be brought only within the framework of a petition against a decision of the Board not to release him, a decision revoking his release or a decision amending the conditions of his release, as the case may be;
(2)Where a prisoner's petition for disclosure of confidential information has been accepted, a representative of the Attorney General may appeal against this, and the provisions of subsections (b) and (c) shall apply to such an appeal, with the necessary modifications.

Stay of Release§

27.
(a)Where the Board has decided to conditionally release a prisoner, and a representative of the Attorney General has notified the Board that he is considering submitting a petition against the decision pursuant to the provisions of section 25, the release of the prisoner shall be stayed for 7 days, in order to enable the submission of the petition and the submission of a request for a stay of execution within its framework.
(b)Where a representative of the Attorney General has given notice as referred to in subsection (a), and has subsequently decided not to submit a petition as referred to in that subsection, he shall notify the prison director thereof as soon as possible, and the prisoner shall be released even before the end of the said 7 days.

Administrative Petition§

28.

A petition pursuant to this Chapter shall be submitted as an administrative petition pursuant to the provisions of the Administrative Courts Law, 5760-2000, subject to the provisions of this Chapter.

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