The Low-Security Unit (Beperkt Beveiligde Afdeling, BBA)

• What is a BBA?
• When do you qualify?
• How does the application process work?
• Refusal or transfer back
• What can you do?

What is a BBA?

A Low-Security Unit (Beperkt Beveiligde Afdeling, BBA) is a unit with a lower level of security, attached to a prison. Prisoners staying there work towards their reintegration into society. They may work, study or do a work placement outside the prison if permission has been granted. Leave is possible when the applicable conditions are met. The focus is on independence, structured daytime activities and a responsible return to society.

The BBA is part of the phased progression through detention (detentiefasering). Its rules are set out in, among other documents, the Low-Security Unit Policy Framework (Beleidskader Beperkt Beveiligde Afdeling) and the Regulations on the Selection, Placement and Transfer of Prisoners (Regeling selectie, plaatsing en overplaatsing van gedetineerden). The precise arrangements may change as policies are updated. You should therefore also check the current information from the Custodial Institutions Agency (DJI) on placement and transfers.

When do you qualify?

The assessment generally takes the following points into account:

• the stage of your detention, the end date of your sentence and when placement is possible;
• your behaviour during detention and your efforts towards the goals in your Detention and Reintegration Plan (D&R-plan);
• the assessed risks of absconding, reoffending and public unrest;
• recommendations from bodies including the probation service (reclassering) and the Public Prosecution Service (openbaar ministerie);
• the interests of victims and bereaved relatives;
• whether you have an acceptable address to stay at during leave (verlofadres) and a specific plan for structured daytime activities.

Make sure your file is in order

A specific statement from an employer, confirmation of enrolment on a course or a statement about your leave address can make an application considerably stronger. Make sure these documents are included with the application, rather than only being produced at the objection stage.

How does the application process work?

• You discuss placement with your case manager, and it is included in your Detention and Reintegration Plan (D&R-plan).
• The prison prepares a selection recommendation (selectieadvies) and requests other recommendations where needed.
• The selection officer (selectiefunctionaris) of the Custodial Institutions Agency (DJI) makes a selection decision (selectiebeslissing) on behalf of the Minister.
• If your application is approved, you are transferred to the BBA, subject to conditions.

Refusal or transfer back

An application may be refused, for example because of a negative recommendation, an incident during detention, a lack of suitable daytime activities or a rejected leave address. You may also be transferred back from a BBA to a different security level if the risks change or you do not comply with the conditions and agreements.

For both decisions, the reasons given are crucial: what specific facts support the decision, how up to date are they, and have your interests been taken into account? A general reference to “the risk” is usually not enough.

What can you do?

You can submit a written objection (bezwaarschrift) against a selection decision about placement in, or transfer back from, a BBA within seven days to the selection officer (selectiefunctionaris) of the Custodial Institutions Agency (DJI). The officer acts on behalf of the Minister. You can appeal against the decision on your objection to the appeals committee (beroepscommissie) of the Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming, RSJ).

A different decision by the prison governor during your stay at the BBA, such as a disciplinary punishment, can be challenged by lodging a complaint (beklag) with the complaints committee (beklagcommissie). Not every complaint falls within the scope of the right to complain (beklagrecht). You should therefore have someone assess which procedure applies as soon as possible. In urgent cases, alongside an objection, appeal or complaint, you can ask the chair of the relevant committee to suspend the decision (schorsing).

Watch the deadline

The deadline is usually seven days after you receive or become aware of the decision. Do not delay requesting the written decision and legal advice.

Frequently asked questions

Can I work while staying at a BBA?

Working or studying outside the prison is an important part of this regime, provided the conditions are met and suitable daytime activities are available.

Can an old conviction count against me?

Your past may be taken into account when assessing risks, but the assessment must address your current situation. A refusal based solely on your past can be challenged.

What if my leave address is rejected?

You can propose an alternative address or provide documents explaining why the address is suitable after all. Have the refusal assessed from a legal perspective.

This page draws on the expertise of Mr. S.P.C. (Stan) Broekmans, a specialist in detention law at Hameleers Antonides Advocaten. Do you have a question about your own situation? Please get in touch; an initial assessment is free.