Prison leave in Spain: requirements and how to appeal
For a prisoner and their family, the first prison leave is a key moment: it means regaining contact with the outside world and preparing for life after release. But it is not granted automatically. Here are the requirements, how it is processed and what to do if it is refused.
Types of leave
- Ordinary: intended to prepare for life in freedom. Each can last up to 7 days, with a maximum of 36 days a year in second grade and 48 days in third grade.
- Extraordinary: for important and justified reasons, such as the death or serious illness of a close relative, the birth of a child or other serious causes. The same time requirements do not apply.
Requirements for ordinary leave
Under the General Prison Law and the Prison Regulations, all of the following must be met:
- Being classified in second or third grade.
- Having served one quarter of the sentence.
- No bad conduct, meaning no uncancelled serious or very serious disciplinary sanctions.
The Treatment Board also assesses the risk of absconding or reoffending, using reports and a table of risk factors: type of offence, family support, roots in the community, drug use, foreign nationality, previous leave.
How it is processed
1. The prisoner applies in writing.
2. The Technical Team issues a report and the Treatment Board decides.
3. If favourable, it is approved by the Prison Supervision Judge (for longer leave or in second grade) or by the central prison administration, depending on the case.
In the province, the reference prison is Albacete Prison (La Torrecica), although we assist prisoners in any facility.
If it is refused
A refusal can be appealed by complaint to the Prison Supervision Judge, and that decision appealed to the Provincial Court. A good appeal:
- Rebuts the alleged risk with specific facts: address, job, family support.
- Provides documents: a letter from the family, a job offer, addiction treatment reports.
- Highlights the prisoner’s positive progress and activities.
Many leave requests that are initially refused are granted after a well-argued appeal.
During the leave
The conditions set must be strictly respected: address, reporting, no alcohol or drugs. A breach can mean losing future leave and being moved back to a lower grade.
How we help
We prepare the application and supporting documents, appeal refusals before the Prison Supervision Court and support the family throughout the process. From Albacete and Villarrobledo we assist prisoners across Castilla-La Mancha, including foreign nationals, in English.
Frequently asked questions
When can I apply for my first leave?
When you are in second or third grade, have served a quarter of the sentence and have no bad conduct record.
How long does an appeal take?
It depends on the court, usually between one and three months.
Can the family help?
Yes, a great deal: a stable address, documented support and a job offer all weigh in the decision.
This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.
