Prison overcrowding: How will Arizona and the MR empty our prisons?

Vivaldi record

• The government worked to increase prison capacity and provide alternatives to incarceration.
  • Capacity rose from 9,500 to 10,500 places through the opening of 2 new prisons (Haren (30 September 2022) and Dendermonde (March 2023)) and the extension of 2 existing prisons (Sint-Gillis and Old Dendermonde).
  • The establishment of a construction plan for new prisons (Antwerp, Leopoldsburg, Vresse, Mons, Lantin, …).
  • The government also wanted to create detention houses to accommodate people sentenced to short terms who, during this legislature, must serve their sentence. Several detention houses were opened during this legislature. However, it must be noted that everyone thinks it's a good idea, just not in their own municipality…
  • In September 2023, the number of internees in prisons stood at 941. Last year (2022), Public Health launched a call for projects for 324 additional places in the regular care system. Pending the additional care capacity and the construction of three new forensic psychiatric centres (FPCs: Paifve, Wavre and Alost by 2028/2029), 98 care profiles were recruited in prisons to strengthen care teams. During 2024, around 80 additional caregivers are expected to be recruited. Prisons will then have 0.33 full-time equivalent care staff per internee, matching the standard for a basic care facility.
  • Under this legislature, we introduced restorative pathways, i.e. the possibility for the court, if the prosecuted acts do not appear to warrant a main correctional prison sentence of more than 5 years maximum and provided the acts are linked to an addiction, aggression or psychosocial problem, to order, either on its own initiative, at the request of the public prosecutor, or at the request of the defendant or their lawyer, a restorative pathway aimed at addressing the underlying issues behind the offences. The pathway is limited to 1 year, with a possible extension of up to 6 months. The case is judged at the latest 18 months after the start of the restorative pathway. This provision is an additional strand in the fight against drugs, an MR priority.
  • Furthermore, the new Penal Code, which will take effect in 2 years, focuses on detention as a last resort and more on alternative sentences. This Code will undoubtedly influence prison overcrowding. Preventing recidivism requires a comprehensive approach to every link in the criminal justice chain, for example through the system of immediate settlements applied by the various public prosecutor's offices, fast-track hearings and restorative chambers. In addition, a recidivism monitor is currently being developed at national level.

Under Arizona

• Budget: Security is an absolute priority for Arizona. For this reason, security departments are exempt from savings on staff and operations. (The linear 1.8% savings on staff and operations do not apply to Defence, the Federal Justice Department, the Federal Police, OCAM, the NCCN and the Council of State). In addition, Justice will be bolstered with a security provision of €553.75 million (over the entire legislature).
• Under the overcrowding provision, €55 million was allocated to Justice, Health, the Immigration Office, the Federal Police at Foreign Affairs, and the Buildings Agency.

Easter and summer agreements

• Faced with prison overcrowding, the federal government is taking responsibility. In line with the government agreement, we are moving forward resolutely with a set of targeted measures to strengthen the effectiveness of the criminal justice system, guarantee everyone's safety and combat impunity.
• Emergency measures have thus been taken:
  1. Setting up an emergency framework to reduce prison overcrowding: rendering inoperative, for 5 years, the law on external legal status (LSJE) for those sentenced to a prison term of 3 years or less. This means that the sentence enforcement judge will grant electronic monitoring or provisional release once the convicted person meets the time condition (1/3 of their sentence) and other conditions.
  2. Suspending the execution of prison sentences of less than 6 months that were in principle to be enforced from 31/12/25. This aligns with the future penal code coming into force in June 2026 (ultimum remedium).
  3. Introducing into law, for 3 years, early release 6 months before the end of the sentence for prison terms of up to 10 years.
• While these measures offer short-term solutions to prison overcrowding, they are not viable in the long run and are not morally desirable. If a judge (legal expert) rules that a person must serve a prison sentence, it is absolutely necessary that it be served in full. This is a matter of logic and of setting an example against crime and towards our fellow citizens. We accept these measures because the situation leaves us no other choice. Nevertheless, we are putting exemplariness back at the heart of the prison issue with:
  • Tougher sentences for offences linked to drug trafficking, arms trafficking, money laundering and organised crime, particularly when involving minors.
  • For terrorism and serious crime, harsher sanctions will be provided for, including loss of nationality under strict conditions.
  • We are making prison escape and sabotage of the electronic ankle bracelet punishable. Mandatory drug testing in detention will enable better medical and disciplinary monitoring.
  • …

Task force and MR measures

• A task force has been set up at government level to submit, by the end of 2026, solutions on key themes related to prison overcrowding (capacity, foreign nationals, internees, staff, sentence enforcement/criminal procedure). Among the measures currently being considered to combat overcrowding:
  • Construction of new prison capacity in Belgium (new prisons and temporary modular buildings).
  • Arizona is also exploring, together with the Minister for Asylum and Migration, solutions for prison capacity abroad. Missions are planned, notably to Albania and Kosovo, as well as a thorough legal analysis at European level.
  • Specific measures will be submitted to the Council of Ministers regarding inmates residing illegally, who today make up more than 40% of the prison population, of whom more than 70% have no residence right.
• The MR's proposals to combat prison overcrowding:
  • Foreign inmates serving their sentence in their own country
    • There are currently 5,758 foreign nationals (44%) in our prisons
    • 2,335 convicted foreign nationals in our prisons without a right of residence.
    • 1,032 convicted foreign nationals in our prisons with provisional residence rights.
    • 2,391 foreign nationals held in pre-trial detention (with or without residence rights)
  • This represents 43% of our prison population, well above the European average of 16%. (Council of Europe figures)
  • Using a simple rule of three to estimate the cost of foreign inmates, we arrive at an annual cost of €260 million. (Number of inmates with a provisional title (4,692) * annual cost per inmate (approx. €55,000).
  • This calculation does not take into account the construction of new prison infrastructure to house them. For reference, building a 300-place prison, like Vresse-sur-Semois, costs €270 million.
  • Given the serious prison overcrowding problems facing our country, the Federal Justice Department and its transfer section must be strengthened: every convicted non-Belgian inmate should be transferred to the prison of their country of nationality. Recourse to transfer must be systematised. This way, the sentence is served in the country of which the convicted person holds nationality. Today, the department in charge of transfers within the Federal Justice Department employs only one person!
  • We must also better activate the return of inmates to EU countries or countries with readmission agreements. In cases of non-compliance with the readmission of their nationals, measures must be taken against these countries, particularly by limiting bilateral aid, development cooperation and visa issuance. The aim is to use this leverage, even temporarily, so that the third countries concerned take responsibility and honour their international commitments. This is the “Less for less” principle: third countries that fail to comply with signed agreements are penalised. In the same spirit, a “More for more” system should exist for third countries that honour their international commitments.
  • Furthermore, the MR wants to increase the number of readmission agreements with third countries, particularly Maghreb and African countries, and review the list of safe third countries.
  • In addition, a number of convicted foreign nationals, in order to avoid deportation, attempt to lie about their origin and claim to be from country X when they are actually from country Y. Example: someone sentenced to 10 years in prison for rape claims to be from state X, but X does not recognise the identity provided. Fingerprint comparison allows identification not as a national of X but as a national of Y. International cooperation must therefore be strengthened and resources allocated within the Immigration Office and the federal police. A special unit for identifying non-European foreign nationals must be created within the Immigration Office. This unit, with the assistance of the federal police, will need to transfer fingerprints into existing databases for identification and comparison purposes for foreign convicts whose nationality is uncertain.
  • Increasing prison capacity:
    • The aim is to create 1,105 additional places by 2027 and 932 more over the following three years. The ambition is even to add a further 1,044 after 2030.
    • This will be achieved through the construction of new prison facilities, such as in Vresse-sur-Semois, extending the use of older prisons such as Sint-Gillis and Antwerp, and expanding existing infrastructure, for example in Dendermonde or Sint-Gillis.
    • It is also being considered to increase the capacity of certain buildings, notably those in Haren or Beveren.
    • Justice is also examining the use of prefabricated units on existing sites or land owned by the Buildings Agency for low-risk inmates. The opening of additional places in detention or transition houses is also on the cards.
  • Increasing staff at sentence enforcement courts:
    • Increase staffing at sentence enforcement courts to ensure faster case processing. Currently, almost 40% of prisoners are in pre-trial detention. To reduce this figure, we must ensure that both public prosecutor's offices and investigating judges, as well as the PJF services, are strengthened so that ongoing investigations and proceedings can be conducted and concluded as quickly as possible.
  • Focusing on alternative sentences:
    • We believe it is essential to focus on alternative sentences such as community service.
  • Enhanced support for inmates in their social reintegration, with work as a lever for reintegration:
    • For the MR, support for inmates must begin in prison. Reintegration must be part of the mission of prison institutions, instilling in inmates the basic values of living in society (respect for others, respect for rules, tolerance, etc.), preparing them for a return to society, and teaching basic skills that are often lacking and are also at the root of delinquency. This also involves partnerships with companies that could hire former inmates.
    • The MR also wants to improve support for people leaving detention in order to reduce the risk of reoffending, in particular by developing desistance strategies (the process by which an offender moves away from crime) that have proven successful abroad, and by improving their chances of socio-professional reintegration.
    • For detainees, social reintegration after a period of detention is complex; several studies highlight the multiple difficulties associated with returning to society. Certain specialised support measures must be put in place even before considering socio-professional reintegration. This involves finding housing, restoring social rights, or defining a socio-professional project. Specific schemes have certainly been introduced, but reoffending rates remain very high (between 50% and 60%). This should prompt us to rethink post-prison policies and the model of support for social reintegration.