Why is Pistorius being freed early from jail?

(AFP) Oscar Pistorius, South Africa's disgraced Paralympian, is due to be freed from jail into house arrest Friday after serving just 10 months of a five-year term for killing his girlfriend, Reeva Steenkamp.

The athlete was convicted of culpable homicide, a charge equivalent to manslaughter,  but prosecutors this week filed an appeal arguing that he should have been found guilty of murder and sentenced to a longer prison term for shooting her four times through a locked toilet door.

If they win their case, which is expected to be heard in November, Pistorius could face at least 15 years in jail.

Here are some key questions and answers explaining the release and what will happen to the 28-year-old double-amputee athlete popularly known as the Blade Runner.

Did Pistorius receive preferential treatment?

No. The law under which he was sentenced allows for an offender who has served one sixth of a sentence to be placed under correctional supervision or house arrest.

Although he qualifies under the law, the final decision is the discretion of an independent parole board, said a Pretoria-based advocate Hendrik Theron.

There are currently 60,000 other offenders under correctional supervision in South Africa.

Will the state's appeal against the verdict change the equation?

Yes. Ideally, a prisoner would not be considered for correctional supervision until an appeal had been finalised, say some legal experts. They find the decision to release Pistorius on Friday bizarre because of the pending appeal case. 

How was the decision to release him reached?

The final decision on whether to release a prisoner is largely determined by the behaviour of the inmate inside prison.

After receiving a request for release from the prisoner himself or his lawyers or family, the parole board solicits reports from prison psychologists, social workers and wardens on his behaviour in prison.

Steenkamp's parents were outraged when informed of the pending release. 

"Incarceration of 10 months for taking a life is simply not enough," June and Barry Steenkamp said. "We fear that this will not send out the proper message and serve as the deterrent it should."

What are the conditions of his release?

He will serve the rest of the term under strict conditions which will include monitoring and reporting to a local community correctional supervision office.

Correctional supervisors can pay unannounced visits at any time. He is expected to stay at his uncle Arnold Pistorius's home in Pretoria's upmarket Waterkloof suburb.

There has been speculation that he may be electronically-tagged to monitor his movements, but prisons spokesman Logan Maistry ruled out that possibility. 

"At this stage, based on the analysis of the offender, a decision has been taken that the said offender will not be electronically monitored but will be subject to other forms of monitoring," Maistry stated.

He may be instructed to refrain from taking alcohol or drugs and will subject to random testing.

Pistorius will also likely be ordered to carry out community service which may include cleaning public areas. One lawyer speculates that he could be made to clean a hospital or morgue.

"They would want him to deal with dead bodies and want him to see the results of gunshot wounds," according to Johannesburg criminal lawyer Martin Hood.

Will Pistorius resume his athletic career?

It is not yet clear if Pistorius will resume his athletic career when he is released, but sources close to the athlete say he has indicated that he wants to continue training. Prison authorities say that, where possible, an offender may be allowed to take up employment.

What if he defaults on his conditions?

If he violates any of the conditions, Pistorius could be returned to prison.

"If a person fails to comply with any aspect of the conditions imposed on him or her, depending on the nature and seriousness of the non-compliance, the offender may be reprimanded,... and may also be arrested," said Maistry. 

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