Open regime (third grade) and parole in Spain: requirements and timescales
The third grade (open regime) and parole are the last two stages before final release in Spain. They allow prisoners to work outside, sleep at home or serve the rest of the sentence in freedom under conditions. Knowing when each can be requested and how to argue for it makes a big difference to the actual time spent in prison.
Prison grades
The Spanish system is based on individualised treatment: each prisoner is classified in a grade according to their progress.
- First grade: closed regime, for cases of dangerousness or maladjustment.
- Second grade: ordinary regime, the most common.
- Third grade: open regime. The prisoner goes out to work or take part in activities and returns to sleep at the prison or an open unit; in its most flexible form, it can be monitored with an electronic tag and the prisoner can sleep at home.
When the third grade can be granted
There is no general minimum time: it can even be granted at initial classification if circumstances justify it. Personality, history, length of sentence, family and work environment and payment of civil liability are all assessed.
There is an important exception: the security period. For sentences of more than five years, the judge may order (and for certain offences must order) that the third grade cannot be granted until half the sentence has been served.
Parole
Parole is the suspension of the rest of the sentence for a probation period. General requirements (article 90 of the Criminal Code):
- Being classified in the third grade.
- Having served three quarters of the sentence.
- Good conduct.
- Having paid the civil liability, or committing to pay it according to financial means.
There are early forms: at two thirds, if the prisoner has carried out work, cultural or occupational activities; and, for first-time offenders with sentences of up to three years, at half the sentence. There are also special cases for people over 70 and those who are terminally ill.
Review and appeals
Classification is reviewed at least every six months. If the Treatment Board proposes keeping or lowering the grade, or the administration refuses the third grade, the prisoner can appeal to the Prison Supervision Judge and then to the Provincial Court. Parole is granted directly by the Prison Supervision Judge.
What helps to obtain them
- A genuine job offer or training plan.
- Family support and a stable address.
- Completing treatment programmes (addiction, violence, education).
- Paying the civil liability, even partially.
- No disciplinary sanctions and good use of previous leave.
How we help
We study the sentence calculation to work out the key dates, prepare the documents for the Treatment Board and appeal to the Prison Supervision Court when the classification is not appropriate. From Albacete and Villarrobledo we assist prisoners and families across Castilla-La Mancha, in English if needed.
Frequently asked questions
Can the third grade be granted before serving half the sentence?
Yes, unless a security period has been set. There is no general minimum time.
What happens if I breach parole?
The judge may revoke it and you would have to serve the rest of the sentence in prison.
How often is the grade reviewed?
At least every six months, although an earlier review can be requested if there are relevant changes.
This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.
