Women are sometimes the “forgotten ones” in the penitentiary system. It’s common for them to have less access to job opportunities, leisure, and activities. They also do not benefit from certain forms of detention that men receive, such as semi-detention regime (outside during the day and inside the prison at night).

Social rights benefits (birth bonus or family allowances) are not clearly established for mothers who give birth in prison. It is difficult to access this information, and the division of powers between the federal state and federated entities is confusing.

The regime can be open or close; the court must opt for an open regime.

APIPY organizes 11 types of care, broken down into 19 educational projects. The different practical regimens in closed sections are as follows: observation and evaluation, observation and orientation, observation and emotional/relational development, individualization, and lastly education in closed regimes. A reform is currently underway to harmonize educational projects to offer a continuum of opportunities.

Institutions meant for children are called Public Institutions for the Protection of Youth (PIPY).

Wallonia has six PIPY and Flanders has four (known as gemeenschapsinstellingen, or community institutions). Support services also monitor post-discharge placement.

Since June of 2010, “dessaissis” juveniles have been incarcerated in special sections of closed centres. There are 13 places in Saint-Hubert and 16 in Tongres.

Psychiatric institutions have beds for juveniles in intensive care units. In 2015, they were reported to have 116 beds.

The IM proposes five educational and therapeutic journey models (in both open and closed regimes): time out, observation, accompaniment, treatment, and an individualized residential journey.

The General Delegate for the Rights of the Child (DGDE) and the Children’s Rights Commissioner (KRC), children’s rights ombudsmen, control the detention places for minors. A “Commisie Van Toezicht” (Committee of Supervision), chaired by the KRC, was created in Flanders in January 2017, taking office in September. It has jurisdiction over IMs and Tongres’ closed centre. In January 2019, a similar supervisory commission is expected to take office in Wallonia and will have jurisdiction over the PIPY and closed centres.

130 nationalities are represented in the prison population. Among them, 9.7% are Moroccans, 5.3% Algerians, 3.3% Romanians, 3.1% Dutch, 2.1% French, 1.8% Albanians, 1.4% Italians, 1.2% Turks, 1.1% Tunisians and 2.2% from all ex-Yugoslavian countries.

Undocumented immigration is punished by a three-month jail sentence increasing to six months for repeat offenders. However, the Court of Cassation has forbidden imprisonment on the sole basis of illegal stay.

The Foreigner’s Office obtains, on the basis of this new law, a list of every prisoner in illegal stay and then proceeds to a revaluation of their situation. This can lead to the revocation of their right to stay. The fear of systematic revocation is high.

Conditional release may be granted after having served at least 15 years of the sentence; this term can be as high as 23 years for any repeat criminal offence. The Sentence Enforcement Court (tribunal d’application des peines) examines applications for the conditional release of persons sentenced to life imprisonment.

The administration tries, in principle, to build the most adapted confinement regime possible for them.

Older people can benefit from early release for health reasons. Conditional release is subject to unattainable criteria for a long-term offender: finding an occupation, a home, and a means of livelihood. In practice, some prisoners will never be able to leave prison and die with dignity.