Information about detention and detention law

Arrestant detainees

An arrestant detainee (arrestant) within the Custodial Institutions Agency (Dienst Justitiële Inrichtingen, DJI) is not the same as someone held in a police cell after arrest. Within DJI, the term refers to specific groups of detainees who temporarily follow a more basic daily programme. Even on an arrestant unit, you have rights, including rights concerning the length of your stay and the handling of a transfer request.

Belongings

You cannot simply bring all your personal belongings into a prison, young offenders’ institution or forensic psychiatric clinic (tbs-kliniek). The rules differ between sectors and institutions. When belongings are stored, transferred, damaged or lost, it also matters who is responsible for them.

Camera surveillance

Camera surveillance can mean that someone is watched in their cell day and night. This seriously interferes with privacy and is therefore only allowed under conditions set by law. Different rules apply to prisons, young offender institutions and forensic psychiatric institutions for people under a hospital order (tbs).

Compensation

If your complaint about a decision in detention is upheld in full or in part, you may receive compensation. This compensates you for the inconvenience you have experienced, for example through an extra visit or a payment. Having your complaint upheld does not automatically mean you are entitled to compensation.

Complaints procedure (beklagprocedure)

Do you disagree with a decision made by the director of your institution? The complaints procedure (beklagprocedure) allows you to have that decision reviewed by the complaints committee (beklagcommissie) of the Supervisory Committee (Commissie van Toezicht). Short deadlines apply, and the rules differ for adult prisoners, young people and people subject to a hospital order (ter beschikking gestelden).

Compulsory treatment

If you refuse medical treatment in detention, that choice must generally be respected. Only under specific conditions may the director or head of the institution authorise treatment against your will. The conditions depend on the danger, the treatment and the institution where you are held.

Contact between parent and child

When a parent is detained, this usually means being separated from their child. Visits, letters and other forms of contact can help maintain their bond. Sometimes a young child can stay with their parent in the institution, but separate conditions apply.

Contact with the outside world

You can stay in touch with family, friends and your lawyer while in detention. Different rules apply to letters, visits, phone calls and digital contact. The rules also depend on whether you are in a prison, a young offenders institution or a secure treatment institution under a hospital order (tbs).

Disciplinary punishments

A disciplinary punishment is a punishment for behaviour for which you can be held responsible during your stay in an institution. Management must be able to explain what you did and why the chosen punishment is appropriate. The punishments allowed differ between prisons, young offenders’ institutions and forensic psychiatric treatment centres (tbs-klinieken).

Duty of care in detention

During detention, you depend on the institution for many everyday needs. In return, the institution has a duty of care: it must provide medical, spiritual, social and personal care. Below, we focus on your rights to spiritual support, social assistance and everyday care.

Education and personal development

Education during detention can help you gain a qualification, develop skills and prepare for your return to society. Personal development also includes cultural activities, sport and library use. Different rules apply to adult prisoners and to people under a hospital order with compulsory treatment (tbs met dwangverpleging).

Extra-Secure Institution (Extra Beveiligde Inrichting, EBI)

The Extra-Secure Institution (Extra Beveiligde Inrichting, EBI) at Vught Prison has the highest security level in the prison system. For prisoners and their families, this means strict checks and limited opportunities for contact. Additional restrictions have applied since 1 November 2025, including restrictions on contact with lawyers.

Forensic care and complaints procedures

Decisions made during forensic care may restrict your freedom or other rights. Where you can complain depends on the legal basis for your care or stay: your ‘care status’ (zorgtitel). The name of the clinic alone therefore does not tell you which complaints procedure applies to you.

GVM measures

GVM stands for prisoners who pose an escape risk and/or a risk to society. These prisoners may be subject to extra supervision and restrictions to protect safety inside and outside prison. GVM status does not mean that every restriction is automatically justified: the prison governor must independently assess which measures are necessary.

Hunger and thirst strikes

A hunger or thirst strike in detention can have serious consequences for your health. The institution must provide care, but must also respect your right to decide what happens to your own body. This requires careful consideration, especially when force-feeding is involved: a strike does not automatically authorise treatment against your will.

Immigration detention

Immigration detention means that someone is held in connection with their departure from the Netherlands. It is not a punishment, but an administrative measure: a government decision governed by the Aliens Act 2000 (Vreemdelingenwet 2000). The rules during detention and the options for making complaints depend on the legal grounds for detention.

Institution for Persistent Offenders (Inrichting voor Stelselmatige Daders, ISD)

The Institution for Persistent Offenders measure (Inrichting voor Stelselmatige Daders, ISD) is intended for adult repeat offenders and can last up to two years. Its aims are to protect society and reduce reoffending. During the measure, you can receive support and treatment and, depending on your circumstances, work towards living outside the institution.

Intensive Supervision Unit

The Intensive Supervision Unit (Afdeling voor Intensief Toezicht, AIT) is a small prison unit with extra security and strict monitoring of contacts. A stay there affects your daily life, as well as your family and lawyer. Additional legal restrictions have applied since 1 November 2025.

International laws and regulations

You keep your human rights when you are detained. Alongside Dutch laws, international treaties and European rules protect you against unlawful detention and inhuman treatment. Additional safeguards apply to young people and people in immigration detention.

Leave

Leave allows you to spend time outside the institution temporarily. Your options depend on your situation, the purpose of the leave and the safety risks. Different rules apply to prisons, youth detention institutions and forensic psychiatric clinics for people under a TBS order.

Life imprisonment

A life sentence can mean that someone is never released. However, there must be a genuine opportunity to have the continued need for the sentence reviewed. Factors include the prisoner’s personal development, safety risks and the impact on victims and bereaved families.

Medical care

You are entitled to medical care while in detention. The institution must ensure that you can access a doctor and receive the care you need. The rules and complaints procedures differ between prisons, young offender institutions and forensic psychiatric institutions for people under a hospital order (tbs).

National Ombudsman and Children's Ombudsman

The National Ombudsman can help when you are getting nowhere with a complaint about a public authority, including problems with a prison or detention facility. The Children's Ombudsman focuses on children's rights, including young people in detention and children with a parent in detention. The route available depends, among other things, on your complaint and whether you can still lodge a formal detention complaint (beklag) or an appeal.

Order and security measures

An order and security measure (ordemaatregel) may mean that you are temporarily barred from activities, placed in isolation or put under camera surveillance. Conditions and procedural safeguards apply. The rules differ between prisons, young offender institutions and forensic psychiatric institutions for people under a TBS order.

Outdoor time

Outdoor time is the daily time spent in the open air during detention. You retain this right even in a punishment cell or during segregation. The institution must give you a real opportunity to go outside; this may only be restricted in very exceptional circumstances.

Progression through detention

Progression through detention means that, while serving your sentence, you gradually gain more opportunities to prepare for your return to society outside the prison. For example, you may work outside the prison while staying in a low-security unit (beperkt beveiligde afdeling, BBA). The prison programme (penitentiair programma, PP), under which you spend the final part of your sentence outside prison, is also part of this process.

Promotion and demotion

Your behaviour in detention can determine how many activities and freedoms you have within the institution. Promotion means moving to the more extensive enhanced programme; demotion means being moved back to the basic programme. These decisions are subject to rules on assessing behaviour, personal circumstances and written reasons.

Reintegration centres (RIC)

A reintegration centre (RIC) is a space in prison where you can prepare for your return to society. You arrange as much as possible yourself, with support from staff and volunteers. After your release, you can also get help through a community reintegration centre (Buiten-RIC).

Sharing a prison cell

Sharing a cell affects your privacy, peace and safety. The prison governor may place you in a shared cell, but must take account of your suitability and the circumstances. Your consent is not always required, but specific health problems or other objections may be reasons not to place you with someone else.

Smoking policy

Rules protecting people from tobacco smoke also apply in detention. Whether you may smoke depends, among other things, on the area, the house rules and the type of institution. Non-smokers can expect management to take measures against exposure to tobacco smoke.

Staying in a youth detention centre

Staying in a youth detention centre (justitiële jeugdinrichting, JJI) is not only about restricting freedom. It also involves upbringing, education and returning to society. Young people have both rights and responsibilities. For parents and other loved ones, opportunities to stay in contact and be involved in support are especially important.

Substance use

Drug use in detention can lead to disciplinary punishment and affect leave. Institutions mainly check for substance use through urine tests, which can also involve alcohol and certain medicines. Rules apply to testing, assessing results and challenging them.

Terrorism unit

A stay in a terrorism unit (terroristenafdeling, TA) means extra security and fewer opportunities for contact and activities than on a regular prison wing. Both convicted prisoners and suspects can be placed there. Separate rules apply to placement, continued detention in the unit and transfer.

Transfer

A transfer can affect your daily programme, treatment and contact with family. You can request a transfer yourself, but the institution can also initiate one. Who decides, and how you can challenge the decision, depends on your situation and the type of transfer.

Transport

Transport from a custodial institution may be needed for court proceedings, medical treatment, a transfer or a special family visit. Rules on safety, care and how you are treated also apply during the journey. Who is responsible and where you can complain depend on the type of transport and what happened.

Treatment in detention

Treatment concerns the way you are treated during detention. You can expect staff to treat you with respect and take your personal circumstances into account. However, not every complaint about how you are treated can be considered on its merits by a complaints committee (beklagcommissie).

Voting rights during detention

Being detained does not automatically mean losing your right to vote. In most cases, you can take part in elections during detention by asking someone else to vote on your behalf. The institution must inform you in advance about the elections and how you can exercise your voting rights.

Work in detention

Working in detention gives structure to your day and can help you prepare for your return to society. Taking part is not compulsory, but your efforts may be taken into account in decisions about your programme. Separate rules apply to the provision of work, payment and situations in which you cannot work.