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What is a Conditional Release?

Mary McMahon
Mary McMahon
Mary McMahon
Mary McMahon

In the legal community, the term “conditional release” is used in several different ways. It can refer to the release of prisoners or people being held in custody under certain conditions. This term can also be used to discuss paperwork filed to release a lien or liability. In both cases, certain conditions must be met in order for the release to remain valid.

People in custody can be presented with a conditional release option to go free until they return to court for a trial. The release comes with conditions, such as orders not to leave the area or associate with certain people. Being released allows people to conduct their affairs while waiting for a trial.

Conditional release can refer to the release of a prisoner under certain conditions.
Conditional release can refer to the release of a prisoner under certain conditions.

Prisoners may be offered this type of release after they have served part of their sentences. Prisons have systems in place for rewarding prisoners who behave well, which ultimately culminate in a review to determine whether or not a prisoner is eligible for early release. Many institutions move prisoners through a series of steps or tiers, into progressively low-security areas that offer more freedom of movement and more activities. Those who remain on good behavior may be offered an early release if they agree to certain conditions, such as checking in with a parole officer.

A person in custody may be granted conditional release until the event of his or her court trial.
A person in custody may be granted conditional release until the event of his or her court trial.

Special conditional release programs are available to people with mental illness. People accused of crimes who plead not guilty by reason of insanity are committed to treatment facilities in order to receive psychiatric support. In some programs, they are released from these facilities and allowed to attend outpatient programs for treatment. Such programs provide more flexibility, in addition to more freedom of movement.

Conditional release programs may be available to people suffering with mental illness that allow them to attend outpatient programs for treatment.
Conditional release programs may be available to people suffering with mental illness that allow them to attend outpatient programs for treatment.

When it comes to legal paperwork, conditional release is a form that releases someone from liability, as long as certain conditions are met. A common example is a release that lifts a mechanic's lien. When people pay contractors, the contractors can provide a release to lift the lien on the condition that the check or other method of payment clears. These forms can also be used by companies that would like to reduce their liability for activities like skydiving and whitewater rafting. Clients of these companies must sign a waiver acknowledging the risks and releasing the company's liability before they take a trip.

Individuals in the National Guard may request a conditional release to serve as active duty service members.
Individuals in the National Guard may request a conditional release to serve as active duty service members.

This term comes up in another sense. People who are serving in the U.S. National Guard or Reserves who wish to switch to active duty can request a conditional release. This form releases them from their Guard or Reserves service on the condition that they are accepted as active duty service members. Processing such a release and the paperwork associated with joining as an active duty member of the military can take six months or more.

Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...

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    • Conditional release can refer to the release of a prisoner under certain conditions.
      By: angelo.gi
      Conditional release can refer to the release of a prisoner under certain conditions.
    • A person in custody may be granted conditional release until the event of his or her court trial.
      By: TAGSTOCK2
      A person in custody may be granted conditional release until the event of his or her court trial.
    • Conditional release programs may be available to people suffering with mental illness that allow them to attend outpatient programs for treatment.
      By: Africa Studio
      Conditional release programs may be available to people suffering with mental illness that allow them to attend outpatient programs for treatment.
    • Individuals in the National Guard may request a conditional release to serve as active duty service members.
      By: ia_64
      Individuals in the National Guard may request a conditional release to serve as active duty service members.
    • Skydivers often sign a conditional release.
      Skydivers often sign a conditional release.
    • Conditional releases are often signed by participants in certain risky activities, such as whitewater rafting.
      By: VILevi
      Conditional releases are often signed by participants in certain risky activities, such as whitewater rafting.