Sentence progression and leave

• What is sentence progression?
• The detention and reintegration plan
• Types of leave
• Refusal or withdrawal of leave
• What can you do?

What is sentence progression?

Sentence progression (detentiefasering) means gradually increasing your freedom during detention when it is safe to do so. The idea is that a gradual return to society reduces the risk of reoffending. In practice, this involves things such as taking part in activities, promotion within the prison regime, placement in a low-security unit (beperkt beveiligde afdeling) and different forms of leave.

Whether you qualify depends on factors including your behaviour, the assessed risks, the time left on your sentence and advice from the probation service (reclassering), the Public Prosecution Service (openbaar ministerie) and sometimes the municipality and the victim. You can also find official, up-to-date information about rules during detention at dji.nl/justitiabelen.

The detention and reintegration plan

A detention and reintegration plan (detentie- en re-integratieplan, D&R-plan) is drawn up for prisoners. It sets out the goals you are working towards in relation to housing, work and income, identification documents, debts and care. This plan is important because decisions about sentence progression and leave are often based on it.

Review your own plan carefully

If your D&R plan or any reports contain inaccuracies, have them corrected in writing. An incorrect entry may later contribute to a refusal of leave or sentence progression.

Types of leave

There are different types of leave, each with its own purpose and conditions:

• Reintegration leave (re-integratieverlof) — leave for a specific purpose linked to your reintegration goals, such as a job interview, arranging housing or an intake appointment with a care provider. This may be short-term or, in the final stage, longer-term.
• Occasional leave (incidenteel verlof) — leave for a special event, such as a funeral, a hospital visit or the birth of a child.
• Interruption of sentence (strafonderbreking) — a temporary break in serving your sentence for compelling reasons.

Leave is almost always subject to conditions, such as an address where you will stay, a return time, a ban on contacting certain people or a ban on entering a particular area.

Refusal or withdrawal of leave

An application for leave may be refused, for example because of the assessed risk, negative advice from the Public Prosecution Service (openbaar ministerie), the interests of victims or bereaved relatives, or incidents during detention. Leave may also be withdrawn, or its conditions may be tightened.

When assessing such a decision, relevant questions include:

• whether sufficiently specific reasons have been given for the decision;
• whether the facts on which the decision is based are accurate and up to date;
• whether your interests have been weighed against the risk;
• whether a less restrictive alternative was possible, such as escorted leave or additional conditions.

What can you do?

The route available depends on who made the decision. If the decision was made by the prison governor, you can generally lodge a complaint (beklag) with the complaints committee (beklagcommissie). If the decision was made on behalf of the Minister or by the Custodial Institutions Agency (DJI), the route involves an objection (bezwaar) and an appeal (beroep) to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ). Short time limits apply here too — often seven days. In urgent cases, for example if leave had already been scheduled, a request to suspend the decision (schorsingsverzoek) can be submitted.

Frequently asked questions

Am I entitled to leave?

Leave is not an automatic right. Each case is assessed on the basis of the purpose of the leave, the risks and how your detention has progressed. However, a refusal must be properly reasoned.

I have received a disciplinary punishment. Does that rule out leave?

Not necessarily. An incident may be taken into account, but the assessment must be current and specific. A single past sanction without further explanation is often insufficient.

My proposed leave address has been rejected. What now?

You can often propose a different address or provide documents showing why the address is suitable after all. Have the reasons for the refusal reviewed.

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.