Prison transfer in Spain

There is a distance beyond which visiting a relative in prison stops being a decision and becomes logistics. An early-morning train, a whole day of travelling, forty minutes in the visiting room. At first the family goes anyway. Then every two months. Within a year, hardly at all.

Spanish law has a name for this: desarraigo (the loss of established ties). It is not a sentimental detail. When prison leave, tercer grado (third grade, Spain’s open or semi-liberty regime) or parole are assessed, what is examined is precisely arraigo (established ties in Spain): whether there is family, whether there are visits, whether there is a home that can support a life outside. Distance erodes the very thing you are later asked to prove.

That is why a prison transfer is not a minor formality: it shapes how the whole sentence is served. At Bataller Abogados we have spent more than twenty-five years working in Spanish prison law from Barcelona, and we act in every prison in Catalonia and across Spain.

Why it matters where the sentence is served

The law says it plainly. Article 12 of the Ley Orgánica General Penitenciaria (the Spanish Prison Act) provides that, when deciding where prisons are located, the aim shall be for each territorial area to have enough establishments to avoid prisoners losing their social ties.

This is a planning duty, not a right to choose your prison. But it is the underlying argument behind every well-built application.

Rehabilitation does not happen in a vacuum: it happens in a particular neighbourhood, with a particular family. And the effect runs in a chain. Fewer visits, less support. Less support, poorer progress. And poorer progress weighs on classification, on prison leave and on access to the open regime.

Who decides a transfer, and on what criteria

Article 31 of the Reglamento Penitenciario (the Prison Regulations) is clear: the centro directivo (the prison administration’s central decision-making body) has exclusive competence to decide on classification and on where prisoners are held. It orders transfers on the basis of proposals from the Junta de Tratamiento (the prison’s treatment board) or, where appropriate, from the Governor or the Board of Directors.

The same article adds a safeguard: transfers are notified to the Juzgado de Vigilancia Penitenciaria (Prison Supervision Court) in the case of sentenced prisoners, and to the court holding jurisdiction over them in the case of remand prisoners. The physical escort is carried out by the State security forces under article 32 of the Regulations, with the regional police forces acting within their own territory.

What criteria are applied? The administration weighs up:

• The criminal and procedural situation: pending cases or court hearings.
• The classification grade and the treatment programme under way.
• The actual occupancy of the receiving prison and its resources.
• Reasons of security, order and good conduct within the prison.
• Family and social ties, where these are evidenced.

That last point is what the application really turns on: ties that are asserted but not documented carry little weight.

Grounds you can put forward

There is no closed list, but these grounds are routinely accepted.

Family ties and moving closer to home

The most common ground. Elderly parents who can no longer travel, school-age children, a partner without a car. You need to explain who visits, how often, and why the journey is no longer sustainable.

Health reasons

Either the prisoner’s health or that of a close relative: a condition requiring follow-up at a specialist hospital, or treatment available only in another province. Medical reports are the heart of the file.

Treatment and training

Access to a specific programme, a therapeutic unit or training offered only in certain prisons. This fits squarely with the rehabilitative purpose of the sentence.

Personal safety

Conflict with other prisoners, threats or evidenced risk. It is worth documenting this in writing from day one, even through internal applications to the prison.

Keeping a family together

Two members of the same family serving sentences, or mothers with dependent children who need specialised units.

Transfers between Catalonia, the Basque Country and the rest of Spain

Article 79 of the Ley Orgánica General Penitenciaria gives the running of the prison system to the State, except in those Autonomous Communities whose Statutes have taken on the enforcement of prison legislation. That has happened in two regions.

In Catalonia, the Generalitat exercises those powers through the Departament de Justícia: the centro directivo is regional. In the Basque Country, the transfer of powers took effect through Real Decreto 474/2021 of 29 June, and the Basque Government has run the system since then. In the rest of Spain, the centro directivo is the Secretaría General de Instituciones Penitenciarias (the national prison service).

The practical consequence matters. A transfer within Catalonia is decided by a single centro directivo. A transfer between administrations requires two: the sending one must release the prisoner and the receiving one must accept the place. That is why these take longer and stall more easily.

It is important to file the application with the right body and to follow it up on both sides. A faultless submission sent to the wrong authority is time lost.

In Catalonia we work with Brians 1, Brians 2, Quatre Camins, Lledoners, Ponent, Mas d’Enric, Puig de les Basses, Wad-Ras and the Centre Penitenciari de Joves (the young offenders’ prison). Each has its own profile and occupancy, and that affects which destination it is realistic to ask for.

If the transfer is to another country, the framework is different: international conventions apply. We explain this on our page about the international transfer of sentenced persons.

How to apply for a transfer

The procedure is simple in form and demanding in substance.

1. An application is submitted to the competent centro directivo, through the prison management.
2. The prison adds the custodial information: classification, progress and procedural situation.
3. The Junta de Tratamiento or the Governor sends the proposal up to the centro directivo.
4. The centro directivo decides and, if it agrees, notifies the decision and orders the move.

A prisoner can submit the application himself. But a submission drafted by a specialist prison lawyer orders the facts, anchors every assertion in a document, and places the request within the framework of article 12 of the Ley Orgánica General Penitenciaria.

My transfer has been refused: what can be done

A refusal does not close the matter. There are several routes, and they are not mutually exclusive.

The administrative route. The decision of the centro directivo is an administrative act and can be challenged before the superior body, with subsequent access to the administrative courts.

A complaint to the Juzgado de Vigilancia Penitenciaria. Article 76.2.g of the Ley Orgánica General Penitenciaria allows the court to rule on complaints about the prison regime and treatment where these affect fundamental rights or prisoners’ rights and benefits. The courts are cautious about reviewing where a prisoner is held, because that power belongs to the centro directivo, but they do examine the reasons given.

Appeals against the court’s ruling. Here the governing provision is the Fifth Additional Provision of the Ley Orgánica del Poder Judicial (the Judiciary Act): an application for reforma (review by the same judge) within three days and an appeal within five days, without any need to have lodged the reforma first. In matters of prison regime, the appeal is heard by the Audiencia Provincial (the Provincial Court).

The deadlines are short and cannot be extended. This is where most cases are lost through simple delay.

There is a fourth route, sometimes the most effective: reframing the request. Many refusals are down to an incomplete file or a destination that is not viable because it is full.

Transfers ordered by the administration: how to oppose them

Not every transfer is requested. Some are simply endured. The administration can order a transfer for reasons of security or order, or after an incident inside the prison. Sometimes these are carried out quickly and the family only finds out once the prisoner is four hundred kilometres away.

There is room to react. Ask straight away for formal notification and for the reasons behind the decision, and check that the Juzgado de Vigilancia Penitenciaria was informed as required by article 31.3 of the Regulations. A transfer without adequate reasons can be challenged.

From there you can appeal through the administrative route, lodge a complaint with the Juzgado de Vigilancia Penitenciaria and, in parallel, ask for a return or for a prison closer to the family home. The longer this takes, the more the situation settles in as a fact on the ground.

How a transfer affects prison leave, grade and parole

This is the point most often underestimated. Prison leave, progression to tercer grado and parole are assessed by looking, among other factors, at arraigo: whether there is a home to go to, a family to take the person in and a support network. And that is proved by the life maintained while the sentence is being served.

Someone who receives regular visits and has a family home nearby arrives at those assessments with a solid file. Someone who has spent years isolated six hundred kilometres away arrives with a gap that is hard to fill at the last minute.

So it is worth not waiting. Applying for a transfer early lays the ground for prison leave and for tercer grado.

Cases we regularly handle

• Families in Barcelona with a relative held in another Autonomous Community.
• People sentenced in Catalonia who want to return to their home province.
• Transfers from Catalan prisons to the rest of Spain, involving two administrations.
• Applications based on serious illness of the prisoner or of a close relative.
• Opposing transfers ordered by the administration on security grounds.

How we work on your case

1. First consultation and review of the file. We listen to the family situation and study the custodial one: sentence, classification, progress and pending cases.
2. Strategy and choice of destination. We decide which prison to ask for and on what grounds. A realistic destination moves forward better than a generic request.
3. Preparing the documents. We gather what proves the family ties or the ground relied on, and draft the submission to the competent centro directivo.
4. Filing and follow-up. We file the application, visit the prisoner where needed and follow the file through to a decision.
5. Appeals if it is refused. We analyse the reasons given, choose the right route and appeal within the deadline.

Documents that help

The fuller the file, the better. People usually provide:

• Certificate of registration (empadronamiento) for the family members.
• Family record book (libro de familia) or certificates showing the relationship.
• Proof of visits and communications at the current prison.
• Travel tickets and toll or fuel receipts showing the cost of the journey.
• Medical reports for the prisoner or the unwell relative, with diagnosis and follow-up.
• Reports from social services or from organisations supporting the family.
• Proof of income, if limited means form part of the argument.
• Copies of earlier decisions on transfers, classification or prison leave.

Frequently asked questions

How long does a prison transfer take?

There is no fixed legal deadline. It depends on the centro directivo, on how full the receiving prison is, and on whether the matter is decided within one administration or between two. Transfers from Catalonia or the Basque Country to the rest of Spain take longer, because both centros directivos have to agree. Active follow-up helps stop an application from sitting still.

Can I choose the prison?

No. Article 31 of the Reglamento Penitenciario gives the centro directivo exclusive competence over where prisoners are held. You can, however, ask for a particular prison and explain why it is the right one. That request is weighed against available places, the procedural situation and treatment needs.

Can a refusal be appealed?

Yes. The decision of the centro directivo can be challenged through the administrative route, with subsequent access to the administrative courts. A complaint can also be lodged with the Juzgado de Vigilancia Penitenciaria (article 76.2.g of the Ley Orgánica General Penitenciaria). Its rulings can be met with an application for reforma within three days and an appeal within five, under the Fifth Additional Provision of the Ley Orgánica del Poder Judicial.

What documents prove family ties?

Registration certificates for the relatives, the family record book or certificates showing the relationship, and proof of the visits made. Travel tickets and receipts showing the cost of the journey help. If there are children, school enrolment certificates are useful, and social work reports complete the picture.

Can a transfer be requested on health grounds?

Yes, and it is taken seriously when it is well documented. It can be based on the prisoner’s own condition, if it requires specialist follow-up available elsewhere, or on the serious illness of a close relative. The key is up-to-date medical reports, with diagnosis and prognosis.

Can the family apply, or only the prisoner?

The application is made by the prisoner or by his lawyer, because he is the party to the proceedings. The family, though, plays a decisive role: it provides the evidence of family ties and can contact the firm to get the process started. In practice we work with both, with the prisoner’s authorisation.

Does a transfer interrupt treatment or prison leave already granted?

Moving prison means the new Junta de Tratamiento takes over and reviews the individual treatment programme. That can mean a settling-in period before activities resume or new leave is considered. It is worth planning around the stage of the sentence, and not only around the family’s urgency.

Let’s talk about your case

If you have a relative serving a sentence far from home, or if a transfer has been refused, the first step is to review the file and see which route applies.

Bataller Abogados is a boutique firm in Barcelona with more than twenty-five years in Spanish prison law. We act in every prison in Catalonia and across Spain, and we are available 24 hours. You can read more about our work as a prison lawyer in Barcelona.

We are at C/ Aribau 205, 2nd floor, 08021 Barcelona. Call us on +34 696 967 181 or +34 937 490 708, or write to us from our contact page. We will tell you clearly what can be requested and within what deadlines.