German Prisons Near Capacity

German prisons near capacity are becoming a nationwide reality. A fresh survey of state justice ministries shows 60,391 of 70,279 places occupied, an average utilization of roughly 86 percent. The figures signal a clear tightening compared with the pandemic years, when inmate numbers briefly fell, and they underline how quickly occupancy has climbed again since 2023.

Where cells are scarce: state-by-state picture

The pinch is sharpest in states with occupancy above 90 percent. Rheinland‑Pfalz reports virtually no free cells, reaching about 99.5 percent utilization. Bremen stands at 97.1 percent with 696 of 717 places taken. Baden‑Württemberg reports around 94.0 percent, the Saarland 92.9 percent, and Hamburg also exceeds 90 percent. In contrast, eastern states show more headroom: Saxony reports 78.6 percent and Mecklenburg‑Vorpommern 79.6 percent. Berlin is at 82.3 percent, Brandenburg 77.8 percent, Niedersachsen 83.1 percent, Schleswig‑Holstein 87.3 percent, and Bavaria 87.1 percent.

Measures to cope with overcrowding

Justice authorities are using pragmatic tools to keep the closed system stable. Rheinland‑Pfalz is easing pressure by completing substitute prison sentences in open facilities and by allowing multiple occupancy in suitable cells. Hamburg, which temporarily paused most substitute sentences because the men’s closed system was full, resumed enforcement on June 1 and is now calling offenders in again, while continuing options to pay fines or convert days into community work. These steps are meant to spread the burden without compromising court orders.

Why the numbers rose after the pandemic dip

During the coronavirus period, many states suspended or delayed substitute prison sentences to reduce infection risks, pushing inmate totals down to 55,890 in March 2022. With those suspensions lifted and enforcement normalizing, occupancy has climbed steadily. Officials point to resumed sentencing practice as the main driver; the structural capacity of prisons, however, has not grown at the same pace.

German prisons near capacity and the operational strain

High utilization means day‑to‑day operations become more complex. Transfers between facilities are harder to arrange, intake planning tightens, and programs such as work assignments or treatment can face bottlenecks when suitable places are scarce. States with utilization above 90 percent indicate that routine relief often requires sharing cells or shifting eligible cases to the open system, steps that demand close risk assessment and additional staffing. These patterns are reflected in the latest state statements accompanying the occupancy data.

Regional differences behind the totals

The spread between states above 90 percent and states near 80 percent highlights differing sentencing structures, facility portfolios, and local policy choices. City-states and densely populated regions report tighter conditions, while some eastern states retain buffer capacity. Even there, justice ministries note that trends are upward, and that free capacity can be absorbed quickly when larger transfers or enforcement waves occur.

Policy debate likely to intensify

As German prisons near capacity, pressure will grow for medium‑term responses. Options under discussion in several states include selective expansion of places, faster refurbishment of wings, wider use of open custody for low‑risk substitute sentences, and continued incentives to convert fines into payments or community work. The latest data give political momentum to those debates, while also underscoring that decisions must balance enforcement credibility, security, and rehabilitation.

Outlook for late 2025

Justice ministries stress that the system remains functional, but they acknowledge narrow margins in heavily loaded facilities. With overall utilization already at about 86 percent and multiple states over 90 percent, authorities will monitor inflows, enforcement policies, and staffing closely through the end of the year. Any sustained rise in inmate numbers without added relief measures would further limit flexibility.