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Legal Definitions - provisional exit

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Definition of provisional exit

A provisional exit refers to a temporary and conditional release of an incarcerated individual from prison or jail. This type of release is granted for a specific, authorized purpose that necessitates the individual leaving the correctional facility. It is always understood and legally required that the individual will return to custody once the authorized purpose is completed. It is not a permanent release, but rather a brief, supervised departure for a defined reason.

  • Imagine a situation where a person serving a sentence receives news that their elderly parent is in critical condition and has only a short time to live. The prison authorities might grant a provisional exit, allowing the individual to visit their parent in hospice care for a limited number of hours, under strict supervision. This illustrates a provisional exit because it's a temporary release for a specific, compassionate reason, and the individual is legally obligated to return to prison immediately after the visit.

  • Consider an incarcerated individual who possesses unique skills in a particular trade, like advanced welding, and a local community college offers a specialized certification program that is not available within the prison system. If the correctional facility approves, the individual might be granted a provisional exit to attend these specific classes at the college a few days a week, always under escort and with the requirement to return to the prison at the end of each day's session. This is a provisional exit as it's a temporary departure for an educational purpose, with a clear expectation of returning to custody after each session.

Simple Definition

A provisional exit describes a prisoner's temporary release from custody for a specific, authorized purpose. This release is granted with the clear expectation that the individual will return to prison once the designated activity is completed.

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