Information about detention

• Types of institutions and regimes
• Daily schedule and work
• Visits, phone calls and mail
• Penalties and measures
• Medical care
• Where can you turn?

Types of institutions and regimes

People in pre-trial detention (voorlopige hechtenis) usually stay in a remand centre (huis van bewaring). Once a conviction becomes final, they are generally placed in a prison. There are also special facilities, such as units for prisoners with mental health problems, institutions for persistent offenders (inrichtingen voor stelselmatige daders) and higher-security units.

Different regimes operate within an institution. Under a limited association regime (beperkt gemeenschapsregime), you spend more time in your cell than under a full association regime (regime van algehele gemeenschap). Your behaviour plays a role in promotion and demotion between programmes.

Daily schedule and work

The daily schedule determines when you can spend time outdoors, exercise, receive visitors, work or take part in activities. Work is a regular part of detention. If you disagree with a decision about your daily schedule, such as exclusion from activities, you may be able to lodge a formal complaint (beklag) against that decision.

Visits, phone calls and mail

• Visits — prisoners can receive visitors under the institution's rules. Visits usually need to be arranged in advance. In special circumstances, visits may be restricted or supervised.
• Phone calls — you can make calls at set times. Conversations with your lawyer are confidential. This does not apply to ordinary calls, which may be recorded or monitored.
• Mail — mail may be checked. Mail to and from your lawyer and certain organisations is privileged correspondence (geprivilegieerde post). In principle, its contents must not be read.

For family members

Would you like to visit someone in detention? Contact the institution for details of the visiting procedure and the identification you need. General information for visitors is available at dji.nl/justitiabelen.

Penalties and measures

The prison governor can impose a disciplinary penalty (disciplinaire straf) if you break the rules, such as exclusion from activities or placement in a punishment cell (strafcel). There are also measures to maintain order (ordemaatregelen), such as segregation or camera monitoring. These are not intended as punishment, but to protect order, safety or your own health.

In both cases, you should, in principle, be given an opportunity to be heard beforehand and receive the decision in writing, with reasons. If this does not happen, it may be grounds for a complaint.

Medical care

Every institution has a medical service. You can use an appointment request slip (sprekersbriefje) to arrange an appointment with the nurse or prison doctor. If you disagree with the medical treatment you receive, the complaints process usually starts with medical mediation, followed by a separate appeal procedure. If the issue concerns a decision by the prison governor about care, a formal complaint (beklag) may be possible.

Where can you turn?

• Case manager (casemanager) — for your detention and reintegration plan (D&R-plan), progression through detention stages (fasering), leave (verlof) and practical matters.
• Monthly visiting commissioner (maandcommissaris) — for mediation when problems arise in the institution.
• Complaints committee (beklagcommissie) — for complaints about decisions made by the prison governor.
• Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) — for appeals and requests to suspend a decision (schorsingsverzoeken).
• Lawyer — for advice and assistance in all these procedures.

Frequently asked questions

Can I choose my own lawyer?

Yes. You decide who assists you, even if you already have a different lawyer for your criminal case.

Are conversations with my lawyer monitored?

Contact with your lawyer is confidential. Conversations and correspondence with your lawyer are privileged and, in principle, their contents must not be monitored or read.

What can I do if I do not receive a response to my requests?

Put your request in writing and keep a copy. If you still receive no response, the monthly visiting commissioner (maandcommissaris) can mediate. Sometimes, the failure to make a decision is itself grounds for a complaint.

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.