Section 4: Reduction of sentences

A reduction in sentence may be granted by the sentence enforcement judge, following the opinion of the sentence enforcement commission, to convicts serving one or more custodial sentences who have given sufficient evidence of good conduct and who have shown serious efforts to reintegrate.

This reduction may not exceed six months per year of imprisonment and fourteen days per month for a period of imprisonment of less than one year.

Sufficient evidence of good conduct is assessed by taking into account, in particular, the absence of incidents in detention, compliance with the establishment's internal rules or service instructions, involvement in daily life or behaviour with prison staff or those working in the establishment, with other detainees and with persons on mission or visiting.

Serious efforts towards rehabilitation are assessed by taking into account, in particular, regular attendance at school, university or vocational training aimed at acquiring new knowledge, progress in education or training, commitment to learning to read, write and do arithmetic, taking part in a work activity, participation in cultural activities, particularly reading, participation in supervised sporting activities, undergoing therapy designed to limit the risk of re-offending, sustained investment in a care programme offered by the prison integration and probation service, or voluntary payment of sums due to victims and the Treasury.

As soon as the sentence has become final, the probation service works with the offender to prepare for a supervised release. As part of the review of sentence reductions, the opinion submitted by the prison integration and probation service to the sentence enforcement judge includes information enabling the judge to determine the measures to be taken to support convicted persons at the end of their sentence by means of an adjustment, a release under constraint or the monitoring provided for in article 721-2.

For the application of this article, the situation of each convicted offender is examined at least once a year.

The sentence reduction is granted in a single instalment if the period of incarceration is less than one year and in annual instalments if the period of incarceration is more than one year.

Unless otherwise decided by the sentence enforcement judge, when the person convicted of an offence for which socio-judicial supervision is incurred does not follow the treatment offered to him pursuant to articles 717-1 and 763-7, he may only benefit from the reduction in sentence provided for in this article up to a maximum of three months per year of incarceration and seven days per month for a period of incarceration of less than one year. The same applies when the person sentenced in the circumstances mentioned in second paragraph of article 122-1 of the Penal Code refuses the care offered to them.

This article also applies to convicted persons who have their sentence adjusted while in prison.

Within one year of being granted, the sentence reduction may be withdrawn in whole or in part, following the opinion of the Sentence Enforcement Commission, in the event of misconduct on the part of the convicted person. The reduction is withdrawn by reasoned order of the sentence enforcement judge acting ex officio, at the request of the prison governor or at the request of the public prosecutor. The convicted offender is given the opportunity to comment, if necessary through his lawyer.

When the offender is imprisoned, the clerk's office will inform him of the rules relating to the reduction in sentence provided for in this article, the criteria for assessing and allocating this reduction and the possibility of withdrawing all or part of this reduction.

The detailed rules for the application of this article shall be specified by regulation.