8,815 convicted in cases of sexual offences against minors under 14 serve their sentences in supervised release

According to data obtained by CIPER through Chile's Transparency Law, 8,815 individuals convicted of sexual crimes against minors under the age of 14 are serving their sentences under supervised release rather than incarceration. These individuals were granted alternative penalties upon conviction, meaning they have not spent a day in prison as convicted offenders, although some may have previously been held in preventive detention. The figure does not include those who have received conditional release after serving part of their sentence in prison. In Chile, there are 96,984 people currently serving their sentences under supervised release, a number higher than those incarcerated. As of June 30, there were 64,991 prisoners in Chile, with 42,596 of them being convicted individuals and 22,394 still awaiting trial. The supervised release program requires that the sentence be served outside of prison under continuous monitoring and guidance from Gendarmería, including in some cases the use of electronic ankle monitors to track the individual’s movements. It is important to clarify that since 2023, individuals convicted of completed sexual offenses against minors have been prohibited from receiving this form of alternative penalty. Supervised release has been limited to those found guilty of attempted offenses, accomplices, or conspirators. Although the data provided by Gendarmería does not specify whether each of the 8,815 individuals convicted of sexual crimes against minors falls into the category of perpetrator, accomplice, or conspirator, the figure includes those convicted of completed offenses prior to the implementation of this regulation. The number of individuals convicted of sexual crimes against minors who are under supervised release is significantly greater than those currently imprisoned, according to statistics released by Gendarmería to CIPER. Of a total of 11,668 individuals currently serving sentences for sexual crimes against minors, only 2,853 are incarcerated. In Chile, the total number of individuals serving sentences under supervised release is 96,984, which exceeds the number of those in prison. Indeed, as of June 30, there were 64,991 individuals incarcerated in Chile, of whom 42,596 had been convicted, 22,394 remained under investigation, and only one was undergoing proceedings under the old penal system, according to information published by Gendarmería on its website. Among those benefiting from supervised release, as listed in the registry provided by Gendarmería to CIPER, are 30,727 individuals convicted of drug trafficking and consumption-related offenses, 29,156 sentenced for thefts, and 2,377 convicted of economic and tax-related crimes. Regarding the total number of individuals convicted of sexual crimes against minors currently serving their sentences under supervised release, this number increases by 60.11 percent when considering those convicted of committing aggressions against minors aged over 14, reaching 14,114 cases nationwide. CIPER consulted the Judiciary regarding the regulations governing the application of these alternative penalties. The legal framework allows for the substitution of imprisonment with other forms of punishment, such as community service or supervised release, particularly for certain categories of offenders. However, the specific criteria for determining eligibility remain subject to interpretation and can vary depending on the nature of the offense and the court's discretion. Some critics argue that the current system may allow for insufficient oversight of individuals who pose a risk to society, while others contend that it provides necessary flexibility in the justice system. The debate continues among legal experts, victims' advocates, and policymakers regarding the effectiveness and fairness of the supervised release policy in addressing sexual crimes against minors.