Prisoner release could be automated in the future
Prisoners who have served the majority of their sentence may automatically be released in the future, provided the prison does not object. A court decision would no longer be necessary. The goal is to reduce the burden on the courts.
Prisoners who committed a crime as adults and have served two-thirds or three-quarters of their sentence would be released without the need for court proceedings.
Under a draft bill amending various laws, adult prisoners could be released without judicial review after serving two-thirds or three-quarters of their sentence. However, the Prosecutor's Office and the prison could petition the court to prevent a prisoner's release if justified.
Currently, over a thousand applications for early release are submitted to the courts annually. Decisions regarding probation supervision would also no longer require a court ruling.
"We estimate that, compared to the current number of early release hearings, this could reduce the workload by about half — potentially 600 fewer hearings per year," said Rait Kuuse, deputy secretary general for prisons at the Ministry of Justice.
"Previously, a probation officer had to turn to the court, which — as we've seen in practice — almost always agreed. Now, with the individual's consent, the probation officer will be able to make this decision independently," added Jako Salla, director of probation at the Ministry of Justice.
The Prosecutor's Office would be relieved of oversight duties, which would instead be handled by probation officers. Legal scholars and attorneys have generally welcomed the draft bill.
"It was about time, really. Other countries already use this system, where release is primarily automatic. Here, we've still had the old system where prisoners who are not released have to go to court every year, cap in hand," said attorney Gregori Palm.
One issue with the draft bill is that those released would have to be placed under probation supervision, which requires a fixed residence in Estonia.
"We have three types of prisoners in Estonia who might not want this or for whom it may not even be possible. Some don't want to stay in Estonia, some say they'd rather remain behind concrete walls than report to anyone and others simply have no residence," Palm explained.
The new system would free up time for courts and the prosecution for other work but would significantly increase the workload for probation services.
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Editor: Marcus Turovski, Johanna Alvin
