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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.

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Chapter V: Commutation of a Life Imprisonment Sentence and Clemency by the President of the State

Recommendation on Commutation of a Life Imprisonment Sentence§

29.
(a)A Special Release Board may, upon a request by a life prisoner, recommend to the President of the State to grant clemency to the prisoner by converting his sentence to a determinate sentence of imprisonment, in accordance with the authority vested in the President pursuant to section 11(b) of Basic Law: The President of the State (in this Law – commutation of sentence), after at least seven years have elapsed from the day on which he began serving his imprisonment, provided that the period it recommends to commute shall not be less than 30 years.
(b)Where a life prisoner is serving two or more consecutive life sentences, a Special Release Board may, upon his request, recommend to the President of the State to commute the prisoner's sentence after at least fifteen years have elapsed from the determining date, provided that the period it recommends to commute shall not be less than 30 years, to be counted from the determining date; in this section, "the determining date" – the day on which a life prisoner began serving the life sentences imposed on him in a single judgment, or the day on which the last life sentence was imposed on him by a court of first instance, whichever is earlier.
(c)Where a Special Release Board is of the opinion that there are no grounds to make a recommendation to the President as referred to in subsections (a) and (b), it shall reconsider the matter of the prisoner every two years from the date on which it was of such opinion; however, it may, for special reasons that shall be recorded, deliberate on the matter before the end of the two years.
(d)For the purpose of formulating its recommendation to the President of the State on the question of whether to commute a life imprisonment sentence of a prisoner and for what period, a Special Release Board shall weigh punitive considerations relating to the nature of the offence, the circumstances of its commission and its consequences, as well as the personal circumstances of the prisoner; a Special Release Board may, in exceptional cases, allow the prisoner to present his arguments before it for the purpose of formulating its recommendation as aforesaid.
(e)Where the President of the State has commuted the sentence of a life prisoner, a Special Release Board may, upon the prisoner's request, recommend to the President to grant further clemency on additional occasions, provided that the period of imprisonment that the prisoner will be required to serve if the Board's recommendation is accepted shall not be less than 30 years, and the provisions of subsection (d) shall apply, with the necessary modifications, also to the formulation of a recommendation pursuant to this subsection.
(f)In calculating the period of imprisonment of a life prisoner for the purposes of this section, the provisions of section 8(b) shall apply.

Recommendation upon Request of the President or the Minister of Justice and Status of a Prisoner Released pursuant to a Decision of the President of the State§

30.
(a)With respect to a life prisoner, a Special Release Board may, at any time, upon a referral by the President of the State or the Minister of Justice, make a recommendation on the exercise of the President's authority pursuant to section 11(b) of Basic Law: The President of the State.
(b)
(1)A prisoner who has been released from imprisonment before completing the full period of imprisonment, pursuant to a decision of the President of the State by virtue of his authority under section 11(b) of Basic Law: The President of the State, shall be deemed to have been conditionally released, and the provisions of this Law applicable to a prisoner who has been conditionally released shall apply to him, including the provisions of sections 13(a) and 20, with the necessary modifications and the modification detailed in paragraph (2), all unless the President has determined otherwise in his decision;
(2)With respect to a prisoner released as referred to in paragraph (1), the conditional period shall be as set out below, as the case may be:
(a)with respect to a prisoner who is not a life prisoner, and with respect to a life prisoner whose sentence was commuted by the President of the State – the remainder of the imprisonment he would have been required to serve had he not been released as aforesaid;
(b)with respect to a life prisoner whose sentence was not commuted by the President of the State, excluding a prisoner as referred to in paragraph (3) – the remainder of the imprisonment he would have been required to serve had his sentence been commuted to 40 years;
(c)with respect to a life prisoner whose sentence was not commuted by the President of the State, and who is serving consecutive life sentences – the remainder of the imprisonment he would have been required to serve had his sentence been commuted to 50 years;
(3)The provisions of this subsection shall not apply to a life prisoner who was released from imprisonment after completing the full period of imprisonment commuted for him by the President of the State.

Recommendation with respect to a Life Prisoner Convicted of the Murder of the Prime Minister§

30a.

Where a Special Release Board has found that a life prisoner who was convicted of the murder of the Prime Minister acted from a political-ideological motive, for the purposes of section 29 it shall be deemed as if the Board recommended not to commute the prisoner's sentence, and for the purposes of section 30 it shall be deemed as if it recommended not to exercise the President's authority pursuant to section 11(b) of Basic Law: The President of the State; the provisions of section 29(c) shall not apply for this purpose.

Recommendation with respect to a Life Prisoner Convicted of Murder of Exceptional Gravity§

30b.
(a)A court that has convicted a person of murder may determine, for the purposes of a recommendation to commute a life imprisonment sentence, that that person committed the act in circumstances of exceptional gravity.
(b)Where the court has determined as referred to in subsection (a), the provisions of section 29 shall apply with the following modifications:
(1)Notwithstanding the provisions of subsection (a), a Special Release Board shall not recommend granting clemency to the prisoner before at least 15 years have elapsed from the day on which he began serving his imprisonment, provided that the period it recommends to commute shall not be less than 40 years;
(2)In subsections (b) and (e), instead of "30 years" read "40 years".

Exercise of the Authority of the Chief of the General Staff§

31.

In the exercise of the authority of the Chief of the General Staff pursuant to regulation 55 of the Defence (Emergency) Regulations, 1945, with respect to a life prisoner, the provisions of section 30 shall apply, with the necessary modifications.

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Chapter VI: The Unit for Release from Short-Term Imprisonment, Release Boards and Special Release Boards

The Unit for Release from Short-Term Imprisonment§

31a.
(a)Within the Prison Service there shall operate a unit that shall deliberate on and decide applications for conditional release from imprisonment of prisoners pursuant to section 2.
(b)The Prison Service Commissioner, with the consent of the Minister for Internal Security, shall appoint as members of the unit referred to in subsection (a) three prison officers as set out below:
(1)a senior prison officer who is qualified to serve as a Magistrate's Court judge, and who shall head the unit;
(2)a Prison Service officer holding an academic degree in law and having experience in the field of incarceration;
(3)a Prison Service officer with five years of experience in one of the following fields: social work, psychology or education.
(c)The Prison Service Commissioner shall appoint a prison officer to serve as secretary to the unit referred to in subsection (a); the secretary shall be responsible for setting the dates of convening of the unit, for the procedures of its work, for the collection of data and documents required for its work and for the transmission of its decisions to the prisoner and to the Israel Police, and in appropriate cases also to the security authorities, to the Authority for Prisoner Rehabilitation or to the Probation Service, as the case may be.
(d)In this section, "prison officer" and "senior prison officer" – as defined in the Prison Ordinance.

Release Board§

32.
(a)A Release Board shall consist of three members, who are:
(1)a judge appointed by the Minister of Justice with the consent of the President of the Supreme Court, who shall be the chairperson;
(2)two persons appointed by the Minister of Justice, each of whom has five years of experience in a different field from among the following fields: criminology, social work, psychology, psychiatry or education; however, experience in the field of education is experience of a person who serves or has served as a senior educator and has practical experience in education and an academic education;
(3)(Repealed)
(b)Members of a Release Board shall be appointed for a period of two years and may be reappointed for additional periods of up to two years each.
(c)Notice of the appointment of members of a Release Board shall be published in Reshumot (Official Gazette).

Special Release Board§

33.
(a)In a hearing on the matter of commutation of the sentence of a life prisoner, a Special Release Board shall consist of four members, who are:
(1)a judge of a District Court, appointed by the Minister of Justice with the consent of the President of the Supreme Court, who shall be the chairperson;
(2)a judge of a Magistrate's Court or a person who was a judge of a Magistrate's Court and retired or resigned, appointed by the Minister of Justice with the consent of the President of the Supreme Court;
(3)a person appointed by the Minister of Justice who has ten years of experience in one of the fields listed in section 32(a)(2);
(4)the person in charge of the pardons department at the Ministry of Justice, or a lawyer who is an employee of the pardons department whom he has authorised for this purpose.
(b)In any other hearing within the jurisdiction of a Special Release Board, the Board shall consist of three members, who are:
(1)a judge of a District Court, appointed by the Minister of Justice with the consent of the President of the Supreme Court, who shall be the chairperson;
(2)two persons appointed by the Minister of Justice, each of whom has ten years of experience in a different field from among the fields listed in section 32(a)(2);
(3)(Repealed)
(c)The provisions of section 32(b) and (c) shall apply, with the necessary modifications, to the appointment of members of a Special Release Board.

Representative of the Prison Service§

33a.

In the hearings of the Release Board referred to in section 32 and the Special Release Board referred to in section 33(b), a representative of the Prison Service appointed for this purpose by the Prison Service Commissioner shall participate, without the right to vote.

Secretaries of the Boards§

34.
(a)The Minister of Justice shall appoint, from among the employees of the Courts Administration, a Chief Secretary for the Boards (hereinafter – the Chief Secretary), who shall be responsible for determining the panels of the Release Boards and Special Release Boards, for setting the dates of hearings in the Boards and summoning the panels to hearings, for the procedures of work of the Boards and for the coordination required with the secretaries of the Boards.
(b)The Minister for Internal Security shall appoint, from among Prison Service officers, secretaries for Release Boards and Special Release Boards; the secretaries of the Boards shall be responsible for the transfer of information required by the Chief Secretary for the performance of his functions and for the collection of data and documents required for the work of the Boards and their transfer to the panels and to the representative of the Attorney General, all in coordination with the Chief Secretary and as determined by the Minister of Justice with the approval of the Minister for Internal Security.

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Chapter VII: Miscellaneous Provisions and Legislative Amendments

Exclusivity of Powers§

35.

The powers vested in the Board with respect to a prisoner pursuant to the provisions of this Law shall, with respect to a life prisoner, be vested only in a Special Release Board.

Non-Application of the Evidence Ordinance§

36.

The provisions of sections 44 to 46 of the Evidence Ordinance [New Version], 5731-1971, shall not apply to hearings of the Unit for Release from Short-Term Imprisonment and the Board, nor to a petition, an application for leave to appeal and an appeal pursuant to this Law.

Powers of a Police Officer§

37.

A police officer may do any of the following:

(1)require a conditionally released prisoner to present his licence to him;
(2)interrogate a conditionally released prisoner in order to ascertain whether he is complying with the conditions of his release and interrogate another person regarding compliance with the conditions of release by the prisoner;
(3)enter a house or place where a conditionally released prisoner is supposed to be present pursuant to the conditions of his release, in order to supervise compliance with those conditions, after identifying himself before the occupier of the house or place and notifying him of the purpose for which entry is requested, and he may use reasonable force for the purpose of such entry;
(4)enter a house or place which the prisoner is prohibited from being present in pursuant to the conditions of his release, if he has reasonable grounds to believe that the prisoner is present therein, after identifying himself before the occupier of the house or place and notifying him of the purpose for which entry is requested, and he may use reasonable force for the purpose of such entry.

Amendment of Penal Law – No. 62§

38.

In the Penal Law, 5737-1977 –

(1)Sections 49 to 51 – are repealed;
(2)in section 51c(b), instead of "section 49(a)" there shall come "section 2 of the Conditional Release from Imprisonment Law, 5761-2001" and at the end thereof there shall come "unless the community service has been discontinued in accordance with the provisions of sections 51i or 51j and the remainder of the period of imprisonment that the prisoner must serve as a result of such discontinuation exceeds three months";
(3)the First Schedule – is repealed.

Amendment of Prison Ordinance – No. 21§

39.

In the Prison Ordinance [New Version], 5732-1971 (hereinafter – the Prison Ordinance) –

(1)Sections 28 to 34 – are repealed;
(2)in section 36 –
(a)instead of subsection (b) there shall come:

"(b) A prisoner who has been granted leave pursuant to the provisions of subsection (a) shall be issued a licence, in which the conditions upon which the leave is contingent shall be specified.";

(b)after subsection (b) there shall come:

"(c) A police officer may do any of the following:

(1)require a prisoner who has gone on special leave pursuant to subsection (a) (in this section – a prisoner on leave) to present the licence to the officer;
(2)interrogate a prisoner on leave in order to ascertain whether the prisoner is complying with the conditions of the leave, and interrogate another person regarding the prisoner's compliance with the conditions of the leave;
(3)enter a home or place in which a prisoner is required to be present pursuant to the conditions of the leave, in order to supervise compliance with those conditions, after having identified himself to the occupier of the home or place and having informed the occupier of the purpose for which entry is sought, and may use reasonable force for the purpose of such entry;
(4)enter a home or place which, pursuant to the conditions of the prisoner's leave, the prisoner is prohibited from being in, if there are reasonable grounds to believe that the prisoner is present therein, after having identified himself to the occupier of the home or place and having informed the occupier of the purpose for which entry is sought, and may use reasonable force for the purpose of such entry.";
(3)in section 62a –
(a)in subsection (b), the proviso commencing with the words "however, in petitions" – shall be deleted;
(b)after subsection (b) there shall come:

"(c) Notwithstanding the provisions of this section and section 62b, a petition against a Release Board and a Special Release Board pursuant to the provisions of the Conditional Release from Imprisonment Law, 5761-2001 shall be governed by the provisions of that Law.";

(4)instead of section 68e there shall come:

"Status of administrative release as conditional release

68e. Administrative release shall be deemed to be conditional release within the meaning of the Conditional Release from Imprisonment Law, 5761-2001, and the provisions of that Law shall apply to administrative release, with the necessary modifications.".

Repeal of Early Release of Prisoners Law (Legislative Amendments)§

40.

The Early Release of Prisoners Law (Legislative Amendments), 5761-2001 – is repealed.

Amendment of Public Defender Law – No. 3§

41.

In the Public Defender Law, 5756-1995, in section 18(a), at the end thereof there shall come:

"(9) a prisoner for whom a Release Board or a Special Release Board has decided that a defence counsel should be appointed pursuant to section 16(d) of the Conditional Release from Imprisonment Law, 5761-2001.".

Amendment of Law for the Extension of Validity of Emergency Regulations§

42.

In the Law for the Extension of Validity of Emergency Regulations (Judaea and Samaria and the Gaza Strip – Jurisdiction over Offences and Legal Assistance), 5728-1967, in the Schedule, in regulation 6, instead of sub-regulation (a1) there shall come:

"(a1) The provisions of the Conditional Release from Imprisonment Law, 5761-2001 (hereinafter – the Release Law) shall apply to the early release of a person serving imprisonment in Israel in accordance with the provisions of sub-regulation (a), with the following modifications:

(1)for the purposes of section 9 of the Release Law, in order to decide whether a prisoner is worthy of conditional release, the Prison Commissioner, the Chief Military Police Officer or the Board, as the case may be, shall also examine the anticipated risk posed by the prisoner to the security of Judaea and Samaria and the Gaza Strip;
(2)with respect to a prisoner held in a military detention facility –
(a)wherever in the Release Law the words "Prison Commissioner" appear, they shall be read as "Chief Military Police Officer";
(b)wherever the words "prison" appear, they shall be read as "military detention facility";
(c)notwithstanding the provisions of section 34(b) of the Release Law, the appointment of secretaries to Release Boards and Special Release Boards shall be made by the Chief Military Police Officer from among the officers of the Israel Defence Forces.".

Amendment of Administrative Courts Law§

43.

In the Administrative Courts Law, 5760-2000, in section 5, at the end thereof there shall come:

"(4) an administrative matter which another law provides shall be adjudicated by an administrative court, and subject to the provisions of that law.".

Savings Provisions§

44.

Nothing in the provisions of this Law shall derogate from the provisions of the Law for the Implementation of the Interim Agreement on the West Bank and the Gaza Strip (Jurisdiction and Other Provisions) (Legislative Amendments), 5756-1996.

Implementation and Regulations§

45.
(a)The Minister of Justice is charged with the implementation of this Law, and may make Regulations for its implementation with the approval of the Minister for Internal Security and with the approval of the Constitution, Law and Justice Committee of the Knesset.
(b)Regulations made by the Minister for Internal Security pursuant to section 22k of the Arrests Law, with respect to the operation of electronic monitoring, shall also apply with respect to electronic monitoring of the conditional release of a prisoner pursuant to section 13a, with the necessary modifications.
(c)(Lapsed)

Release Boards – Special Regulations§

45a.
(a)Notwithstanding the provisions of section 45, the Minister of Justice, with the approval of the Constitution, Law and Justice Committee of the Knesset, may prescribe provisions that shall apply to Release Boards in a situation in which the normal course of life in the State or in part thereof has been disrupted due to the security situation, due to a real concern of serious harm to public health, or due to a natural disaster, in a manner that necessitates the application of special provisions with respect to Release Boards, on the following matters:
(1)the proceedings to be conducted before the Release Board;
(2)after having received the position of the Minister for National Security on the matter – provisions with respect to the rules of procedure that shall apply before the Release Board.
(b)Regulations prescribed pursuant to subsection (a) shall apply if the Minister is satisfied that an emergency situation exists that necessitates the application of special provisions with respect to Release Boards and has published a notice to that effect, for a period to be determined by the Minister (in this section – the notice); where the Minister has given such notice, the Minister shall transmit notice thereof to the Constitution, Law and Justice Committee of the Knesset as soon as practicable.
(c)The notice shall be published in Reshumot (Official Gazette) and on the website of the Administration of Courts, and shall enter into force upon its publication in Reshumot (Official Gazette) or at a later date to be specified therein; however, where the Minister is satisfied that there is special urgency requiring the application of the Regulations referred to in this section prior to the publication of the notice in Reshumot (Official Gazette), the notice shall be published on the website of the Administration of Courts or in another appropriate manner in the circumstances of the matter so as to bring it to the attention of the public, provided that it shall be published in Reshumot (Official Gazette) as soon as this is possible; where the notice has been published as aforesaid, the date of its commencement, which shall not be earlier than the date of its publication, shall be specified therein, provided that the version published in Reshumot (Official Gazette) shall be the binding version.
(d)For the purposes of this section, where the Constitution, Law and Justice Committee of the Knesset has not been established, the Foreign Affairs and Defence Committee of the Knesset or another committee designated for this purpose by the House Committee of the Knesset shall take its place.

Commencement§

46.

This Law shall commence, except for section 47, on the 1st of the month following the expiration of six months from the date of its publication (in this Law – the commencement date).

Special Provisions for the Transitional Period§

47.
(a)In this section, "transitional period" – the period from the date of publication of this Law until the day preceding the commencement date.
(b)A prisoner upon whom a sentence of imprisonment is imposed during the transitional period shall serve, notwithstanding the provisions of section 49(a) and (b) of the Penal Law and section 28 of the Prison Ordinance, at least two thirds of the period of imprisonment that the prisoner must serve before being eligible for release pursuant to those sections.

Transitional Provisions§

48.
(a)A prisoner who is released on licence on the eve of the commencement of this Law, pursuant to the provisions of section 28 of the Prison Ordinance, shall be deemed to have been released conditionally pursuant to the provisions of this Law, on the conditions set out in the licence and on the conditions referred to in section 13(a), (c) and (d), and the licence issued to the prisoner pursuant to the said Ordinance shall be deemed to be a licence pursuant to section 14.
(b)A prisoner upon whom a sentence of imprisonment was imposed before the publication of this Law, except for a prisoner upon whom a sentence of imprisonment was imposed for an offence listed in the First Schedule to the Penal Law as it read on the eve of the commencement of this Law, shall be subject to the provisions of this Law with the following modification: in sections 2 and 3, instead of "two thirds of the period of imprisonment" there shall come "one half of the period of imprisonment".
(c)Without derogating from the provisions of sections 9 and 10, the Board shall consider the rehabilitation prospects of a prisoner to whom the provisions of subsection (b) apply, on the basis of an opinion of the Authority for Prisoner Rehabilitation, if provided, in accordance with rules to be prescribed by the Minister of Justice in consultation with the Minister of Labour and Welfare and with the approval of the Constitution, Law and Justice Committee of the Knesset.

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