What is the third degree prison?

The third degree prison, also known as the open regime or semi-liberty regime, is a modality of compliance with the custodial sentence that is characterized by the flexibility of prison conditions. Under this regime, the inmate can leave the penitentiary center to work, study, carry out volunteer activities or other activities of a socio-labour nature, as long as he meets certain conditions and requirements established by the penitentiary authority.

The main objective of the third degree is the social reintegration of the inmate, that is, their preparation for life in freedom and their integration into society. For this, it seeks to promote the development of skills, abilities and values that allow the inmate to be a useful and responsible person in society. In this way, it is intended to prevent criminal recidivism and contribute to citizen security.

Access to the third degree of prison is conditioned by several factors, including the length of the sentence, the type of crime committed, the degree of danger of the inmate, his behavior in prison and his criminological profile. In general, to access the third degree, the inmate must have served a significant part of his sentence (at least one third in most cases), have shown exemplary behavior in prison, not have committed serious offenses, and have a viable and realistic life project that justifies their release from the prison.

How does third grade work?

Once the third degree is granted, the inmate is transferred to an open regime center, where he will enjoy greater freedoms and autonomy. In this center, the inmate will have a flexible schedule and will be able to carry out various activities outside the center, as long as the conditions imposed by the prison authority are respected. The inmate must comply with the obligations assigned to him, such as searching for employment or carrying out training activities, and control measures may be imposed on him, such as the use of location devices, periodic appearance at the police station, or supervision by part of a tutor

During the time that he is in the third grade, the inmate must respect the conditions imposed by the prison authority and comply with the assigned obligations. You must attend the scheduled appointments, appear before the prison authorities at the established times and respect the mobility and time limits that have been imposed on you.

It is important to note that the third degree does not imply the extinction of the sentence, but rather that the inmate continues to serve his sentence in an open regime. In addition, in case of non-compliance with the imposed conditions, the third degree could be revoked and return to the closed regime.

How do you get the third degree?

To access the third degree, the inmate must have served a significant part of his sentence (at least one third in most cases) and have shown exemplary behavior in prison. In addition, it is necessary for the inmate to have a viable and realistic life project that justifies his release from the penitentiary center and his social reinsertion. This project may include job search, training activities or participation in rehabilitation programmes.

Once the inmate's file has been evaluated and the factors mentioned above have been assessed, it is decided whether or not to grant the third degree. If so, the inmate is transferred to an open regime center, where he will enjoy greater freedoms and autonomy.

During the time that he is in the third grade, the inmate must comply with the obligations imposed by the prison authority and respect the conditions of mobility and schedules. In addition, control measures may be imposed, such as the use of location devices, regular appearances at the police station, or supervision by a tutor.

It is important to highlight that access to the third degree is not automatic or a right of the inmate, but is a decision that falls to the prison authority and is conditioned by a series of requirements and factors that must be met. In addition, the third degree does not imply the extinction of the sentence, but rather that the inmate continues to serve his sentence in an open regime.

What are the prison degrees?

In Spain, there are three prison degrees: the first degree, the second degree and the third degree. Each one of them is characterized by the life regime and the conditions that are established for the inmates, according to their dangerousness, the type of crime committed and their evolution in prison.

1. First grade: Also known as the closed regime, this is the strictest regime and applies to the most dangerous and violent inmates. The inmates spend most of the day in their cell and are only entitled to two hours a day on the patio. In addition, they are subject to greater control and surveillance by prison officials.
2. Second grade: Also known as the ordinary regime, it is applied to inmates who have shown a favorable evolution in prison and are considered not to present a high level of danger. Under this regime, inmates have the right to work or study outside the cell and more hours in the yard. In addition, they are allowed to maintain greater contact with their families and with the outside world.
3. Third degree: Also known as the open regime, it is applied to inmates who have served a significant part of their sentence and have shown a positive evolution in their behavior in prison. In this regime, inmates have greater freedoms and autonomy.

Who grants the third penitentiary degree?

The granting of the third degree of prison falls to the prison authority, which is in charge of assessing each case individually and deciding whether or not to grant the third degree depending on the dangerousness of the inmate, the type of crime committed, the evolution in prison and the life project of the inmate.

Specifically, the competence to grant the third degree of prison falls on the Treatment Board of each prison, which is the body in charge of evaluating the file of each inmate and deciding whether or not to grant the third degree. The Treatment Board is made up of various professionals, such as the director of the center, the head of social services and the technical treatment team, who are in charge of analyzing the criminological profile of the inmate and his personal and family situation in order to make a decision.

Once the Treatment Board has evaluated the inmate's file and has assessed the factors mentioned above, it submits a proposal to the corresponding Prison Surveillance Judge, who is in charge of approving or rejecting the Treatment Board's proposal.