What is the Open Penitentiary Institution Process? (2026 Current Guide)

The open prison process is one of the crucial stages of execution law, allowing a convict to serve their sentence under more liberal conditions compared to closed penal institutions. The primary purpose of open penal institutions is not only to ensure that the convict serves their sentence, but also to facilitate their reintegration into society, enhance their adaptation to social life, and prepare them for the probation process.

Many individuals who have a final conviction or whose relative has entered prison “What is an open prison?”, “Who can transfer to an open prison?”, “Is there a right to go home from an open prison?”, “Are leaves granted in an open prison?” search for answers to such questions. Especially since the conditions for assignment to an open prison and leave practices may change from time to time following amendments in execution law, it is of utmost importance to conduct evaluations in accordance with current legislation.

Unlike closed penal institutions, open prisons are penal institutions where high-security measures are not implemented, and convicts can participate in work, education, vocational training, and social activities within the framework of certain rules. However, this does not mean that everyone staying in an open prison is free or can leave the prison at will. Convicts staying in open prisons continue to serve their sentences within the penal institution and may only benefit from leaves provided for by law.

The right to be transferred to an open prison does not arise automatically during the sentence execution process. The type of crime, duration of the sentence, execution calculation, disciplinary record, good conduct, and the evaluation made by the Administration and Observation Board are considered together. Therefore, the date of transfer to an open prison may differ for two convicts sentenced to the same length of imprisonment.

In this article, we will examine the most frequently asked questions regarding the open prison process in detail, covering the conditions for transfer to an open prison, the right to go home from an open prison, leave practices, the working system, the differences from probation, and common issues encountered in practice.

---

What is an Open Prison?

An open prison is a penal institution where convicts can serve their sentences under more flexible execution conditions, provided they meet certain criteria. Open penal institutions lack high-security walls, intensive physical security measures, and a strictly closed living order. Instead, an execution system aimed at developing the convicts' sense of responsibility, acquiring a profession, and re-adapting to society is implemented.

Pursuant to the Law on the Execution of Penal and Security Measures and the Regulation on Transfer to Open Penal Institutions, the primary purpose of open prisons is to prevent convicts from re-offending and to ensure their reintegration into society.

Inmates staying in open prisons are able to work in the prison's production facilities or in certain public institutions, participate in educational activities, and benefit from leave rights provided they meet the conditions specified in the legislation.

However, an open prison is not a system where freedom is completely restored. The convict continues their execution within the penal institution. Therefore, open prisons should not be confused with probation.

---

Who is Eligible for Transfer to an Open Prison?

The conditions for transfer to an open prison vary depending on the nature of the crime committed by the convict, the sentence duration, the execution calculation, and their good conduct status. A uniform application for every convict is not possible. In execution law, each file is evaluated by taking its own specific characteristics into account.

In general, the following conditions must be met cumulatively in order to be transferred to an open prison:

• There must be a final conviction decision against the convict.
• There must be no offenses present that preclude transfer to an open prison.
• For intentional crimes, the sentence must have been executed in a closed prison for the period prescribed by law.
• For offenses of negligence, there may be an opportunity for direct transfer to an open prison in cases permitted by the legislation.
• It must be determined that the convict exhibits good conduct.
• Behavior must comply with the prison disciplinary rules.
• A favorable assessment must be made by the Administration and Observation Board.

The assessment of good conduct is of utmost importance, particularly for first-time offenders. Inmates who comply with prison rules, participate in educational activities, and receive no disciplinary penalties may be transferred to open prisons in a shorter period of time.

However, transition to open prisons is subject to stricter rules for certain types of offenses. Different enforcement provisions may apply to terrorism offenses, organized crimes, and certain aggravated offenses explicitly specified by law. Therefore, looking solely at the sentence duration is insufficient when calculating the eligibility date for transfer to an open prison.

---

How is the Transfer to an Open Prison Evaluated?

One of the most frequently wondered issues in practice is who renders the decision for transfer to an open prison.

The transfer of a convicted inmate to an open prison does not depend solely on the expiration of the sentence duration. The Administration and Observation Board, established within the penal institution, evaluates the inmate's behavior in detail. During its evaluation, the Board considers;

• Compliance with prison rules,
• Presence or absence of disciplinary penalties,
• Participation in education and rehabilitation activities,
• Work ethics and discipline,
• Psychosocial evaluation reports,
• The risk of reoffending,
• The likelihood of reintegration into society

and many other criteria are taken into consideration.

If the board forms a positive opinion, the convict may be transferred to an open prison. Conversely, if the conditions are not met or the good behavior assessment yields a negative result, the transition to an open prison may not be possible.

Therefore, the common belief in execution law that “once the sentence period is completed, one transfers to an open prison” is legally incorrect.

---

Is There a Right to Go Home from an Open Prison?

At the top of the most researched topics in practice “Is there a right to go home from an open prison?” comes the question. Particularly, relatives of convicts think that after transferring to an open prison, the individual can continuously live with their family. However, this notion is legally incorrect.

Convicts in an open prison continue to serve their sentences within the penal institution. Therefore, being transferred to an open prison does not mean that the person is released or can go home whenever they wish.

Nevertheless, thanks to certain types of leaves stipulated in the legislation, convicts are able to leave the prison for specific periods. These leaves are entirely subject to statutory regulations and are evaluated separately for each convict.

In order to exercise the right to leave, the convict must exhibit good behavior, meet the leave conditions, and obtain the approval of the prison administration. It is mandatory to return to the penal institution on time at the end of the leave period. Otherwise, disciplinary sanctions may be applied, and the loss of open prison status may also occur.

---

1. Excuse Leave (Temporary Leave)

Inmates housed in open prisons may be granted excuse leave under certain extraordinary circumstances. The purpose of these leaves is to protect the inmate's family unity and to allow them to be with their relatives in cases of necessity.

Examples of situations where excuse leave may be granted include:

• Death of close relatives such as mother, father, spouse, child, or sibling,
• Severe illnesses of close family members posing a life-threatening danger,
• Mandatory treatment processes related to the inmate's own health condition,
• Earthquakes, floods, fires, or similar natural disasters,
• Severe grievances experienced by the family,
• Other mandatory circumstances stipulated in the law and regulations

may be demonstrated.

Excuse leave is evaluated separately for each incident. Granting leave is not automatic and is subject to the review of the prison administration. When deemed necessary, the veracity of the incident may be investigated through relevant institutions and law enforcement units.

The inmate is obliged to return to the penal institution on time at the end of the leave period. Exceeding this period may lead to disciplinary proceedings and the loss of open prison status.

2. Open Prison Annual Leave Right

One of the most frequently asked questions by inmates in open penal execution institutions is the right to annual leave. In practice, many people believe that once transferred to an open prison, an inmate can go home whenever they wish. However, the use of leave in an open prison is entirely subject to the provisions of the law and relevant regulations.

Inmates who are evaluated as having good behavior may be granted leave for specific periods, provided that the conditions stipulated in the legislation are met. The primary purpose of such leaves is to ensure that the inmate maintains ties with their family, continues their adaptation to social life, and prepares for post-release life.

When evaluating the right to annual leave;

• The nature of the inmate's sentence,
• The duration spent in the open prison,
• Presence or absence of disciplinary penalties,
• Good behavior status,
• Evaluations in the execution file

is taken into consideration.

The leave duration is not the same for every inmate. The right to leave is calculated according to the conditions determined within the scope of execution legislation. Therefore, the leave period utilized by one inmate may not constitute a precedent for another inmate.

It is mandatory to return to the penal execution institution on time at the end of the leave period. Failure to return without a legitimate excuse may lead to disciplinary sanctions and the loss of open prison status.

---

3. Working and Going Outside in an Open Prison

One of the most important features of open penal execution institutions is that convicts can participate in working life. Convicts in open prisons can be employed in production workshops, agricultural areas, social facilities within the prison, or in public institutions permitted by legislation.

The purpose of this practice is not only economic production. At the same time, it is aimed for the convict to acquire a profession, gain work discipline, and adapt to society more easily after release.

In some cases, convicts can also be employed in designated workplaces outside the prison. However, this practice is misunderstood by the public.

A convict working outside the prison;

• Goes to the designated workplace during the day,
• Completes their work,
• Returns to the open penal execution institution at the end of the day.

Therefore, the right to work, does not mean the right to stay at home..

The work schedule is conducted entirely under the supervision of the prison administration. Disciplinary actions may be applied against convicts who do not attend work or act contrary to the rules.

---

Do Convicts Receive a Salary in an Open Prison?

One of the frequently asked questions in practice is whether convicts working in open prisons receive wages.

In exchange for certain work activities carried out in penal execution institutions, convicts may be paid wages within the scope of the relevant legislation. However, the amount to be paid varies depending on the nature of the work performed, the duration of work, and the project carried out.

Therefore, it cannot be said that everyone working in an open prison receives the same wage.

Additionally, it is possible for various deductions to be made from the income earned by the convict within the scope of execution legislation.

---

Telephone and Visitation Rights in Open Prisons

Compared to closed penal execution institutions, communication rights are broader in open prisons.

Convicts may;

• Make phone calls with their relatives,
• Benefit from open and closed visits,
• Meet with persons specified by law,
• Visitors may be accepted on designated days and hours.

However, all of these rights are exercised within the framework of specific rules.

Telephone conversations;

• Are limited to specific durations.
• Are conducted in accordance with the procedures established by the prison administration.
• May be recorded for security reasons.

Similarly, the right to visitation is not unlimited.

Individuals who are not on the visitor list may not be permitted to conduct visits. Furthermore, restrictions on visitation rights may be applied to inmates who have received disciplinary penalties.

---

Education and Social Activities in Open Prisons

It should not be forgotten that open prisons are not merely penal institutions. They also function as educational institutions aimed at the reintegration of inmates into society.

Within this scope, inmates;

• May participate in literacy courses,
• vocational training programs,
• open education programs,
• sports activities,
• cultural events,
• psychosocial support efforts

may participate.

These activities constitute one of the important criteria taken into consideration in the good conduct evaluation of the convict.

---

Difference Between Open Prison and Probation

The two concepts most frequently confused by the public open prison with probation application.

Although both systems belong to the law of criminal execution, they are entirely different execution regimes.

In an open prison;

• The convicted individual continues to serve their sentence in a penal execution institution.
• Their connection to the prison remains.
• They live under specific rules.
• They may only benefit from furlough rights within the scope of the legislation.

Under probation, however;

• The convicted individual serves the remaining part of their sentence within the community.
• They do not remain continuously in prison.
• They are obliged to comply with the obligations imposed upon them.
• They may be subjected to inspections at specific intervals.

In other words, an open prison is the final execution stage prior to probation for most convicts.

---

Consequences of Failing to Comply with Rules in Open Prisons

The fact that more flexible rules are applied in open penal execution institutions does not mean that convicts have unlimited freedom.

Conversely, the open prison system largely relies on the inmate acting upon the principle of trust.

The following behaviors may lead to serious consequences:

• Exceeding the permitted leave period,
• Failing to return from leave on time,
• Leaving the correctional facility without authorization,
• Violating disciplinary rules,
• Engaging in fights,
• Possessing contraband or prohibited items,
• Engaging in conduct that disrupts the order of the institution,
• Acting contrary to the instructions of staff members.

In such cases;

• Disciplinary penalties may be imposed.
• The right to an open prison may be revoked.
• The convicted person may be sent back to a closed penal institution.
• The period for transition to probation may be delayed.

For this reason, it is of great importance that convicts in open prisons strictly comply with all rules.

---

Frequently Asked Questions (FAQ)

Is the transfer to an open penitentiary automatic?

No. The transfer to an open prison does not occur automatically. It requires the good conduct of the convict and the positive evaluation of the Administration and Observation Board.

Can everyone staying in an open penitentiary use leave rights?

No. The right to leave is subject to the fulfillment of certain conditions. Convicts who have disciplinary penalties or are not deemed to be of good conduct may not benefit from the right to leave.

Is it possible to go home every week while in an open penitentiary?

No. There is no right to go home regularly every week in an open prison. Leaving for home is only possible within the scope of leaves regulated by law.

Can phones be used in an open penitentiary?

Yes. However, phone calls are made on specific days and hours, within the framework of the rules prescribed by the legislation.

Can the internet be used in an open penitentiary?

No. Open prisons are not free living areas. Special rules apply regarding internet use in penal execution institutions.

Are visitors accepted in an open penitentiary?

Yes. Open and closed visit applications can be utilized within the scope of the relevant legislation.

Do convicted individuals working in an open penitentiary receive a salary?

Depending on the nature of the work performed, it is possible to be paid a wage within the scope of the legislation.

What happens if a disciplinary penalty is received in an open penitentiary?

Depending on the nature of the disciplinary penalty, leave rights may be restricted, open prison status may be lost, and the convict may be sent back to a closed penal institution.

How is the transfer date to an open prison calculated?

This calculation is made based on the sentence duration, type of crime, execution regime, and relevant statutory provisions. Results may vary for each case file.

Is probation mandatory after an open prison?

No. In order to qualify for probation, the conditions stipulated by the law must also be met.

---

Legal Evaluation and Client Information

The open prison process is one of the most critical stages of criminal execution law. The processes of transfer to an open prison, utilization of furlough rights, and transition to probation vary according to the crime committed by the convict, the sentence imposed, the execution calculation, good conduct evaluation, and the provisions of relevant legislation.

Therefore, each case file must be evaluated taking into account its own specific circumstances. In practice, loss of rights may occur due to incorrectly calculated execution periods or deficient legal information. Particularly regarding the date of transition to an open prison, furlough rights, probation periods, and execution calculations, obtaining legal support from an expert criminal defense lawyer is essential for the proper management of the process.

This content has been prepared solely for general informational purposes and does not constitute legal advice. Since different legal consequences may arise depending on the specific circumstances of the case, it is recommended to obtain expert opinion for an evaluation regarding your personal situation.

To obtain further information, or to request legal consultation regarding execution law, the open prison process, probation applications, or criminal execution calculations https://batinyilmaz.av.tr/iletisim/ you may contact us at.

Atty. Batın YILMAZ