Belongings

Bringing in belongings: rules for visitors too

You can bring belongings when you arrive, but family or friends can also bring items in or take them out during your stay. Check the house rules and the Custodial Institutions Agency’s (DJI) list of prohibited items beforehand.

Bringing in prohibited goods can be a criminal offence. Article 429a of the Criminal Code (Wetboek van Strafrecht) sets a maximum penalty of six months’ detention or a third-category fine. Examples include prohibited drugs, weapons, money, explosives, alcohol, data storage devices and communication devices.

Permission to have an item does not give you a permanent right to keep it everywhere. You may need permission again after a transfer. Within the same institution, permission already granted may only be withdrawn or restricted on the applicable legal grounds.

Prisons

Which belongings can you keep in your cell?

Article 45 of the Prison Principles Act (Penitentiaire beginselenwet, Pbw) governs possession of items. Order, safety and the prison governor’s liability are key factors. The number, size or high value of items, and health risks, can also be reasons to restrict belongings.

There are three categories:

• Prohibited items: examples include drugs, weapons, money and USB sticks. Data storage devices and communication devices, including computers and laptops, have been prohibited since 2019. The governor may grant an exemption, for example for education.
• Permitted items: these include clothing, shoes and personal items. The house rules may set limits on numbers and conditions of use. The duty to allow these items in principle does not apply without qualification in accommodation with a special purpose or in shared accommodation.
• Other items: you can request permission for these. The governor must assess your request carefully.

The Extra-Secure Institution (Extra Beveiligde Inrichting) in Vught has its own model house rules. Article 36 Pbw applies to mail; article 44 Pbw applies to food, clothing and shoes.

An item can still be refused even if its type is permitted. For example, a jumper with metal plates could be refused because it repeatedly triggered the detection alarm. In a case involving a Gamecube, however, the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) found the explanation insufficient: the governor had to explain why the device was unsafe there when other institutions allowed it. The detainee received € 20 in compensation.

Money and shopping

Under article 46 Pbw, cash is prohibited unless the house rules state otherwise. Instead, you have a current account: an internal account with the institution. The maximum balance is € 500; you cannot be overdrawn.

A transfer must include your surname, initials and registration number. Without these details, the money is returned. Transfers to another detainee are prohibited. Any foreign currency found is held until you leave; euros are credited to your account as far as the maximum balance allows. On release, you can receive up to € 500 in cash. A transfer to your own bank account is also possible, depending on the institution.

An external transfer from a blocked account requires an assessment of the specific circumstances. In KC2024/009, a refusal was not sufficiently justified. The detainee had to specify the amount, recipient and purpose; the governor had to weigh up the relevant circumstances and any indications of continuing criminal activity.

You can order up to € 100 in groceries each week. On transfer, paid-for dry goods can be returned for a refund. Paid-for fresh goods are reimbursed if an urgent situation makes it impossible to adjust the order. This includes transfer, immediate release, suspension of detention, admission to the Pieter Baan Centre (Pieter Baan Centrum) and hospital admission. Regular reintegration leave and the normal end date of detention are not included. When fresh goods are reimbursed, they become the institution’s property.

Mail and parcels

Ordinary mail may be checked for enclosed items, even when you are not present. You must be told in advance if the contents will be monitored. Refusal may be necessary for reasons relating to order, safety, criminal offences or the protection of victims and others involved.

Mail from protected contacts, such as your lawyer, falls under article 37 Pbw. Its contents may not be checked; checks for enclosed items must take place in your presence. This also applies to envelopes of this kind that are already open in your cell.

Orders from mail-order companies and publishers are not allowed, except for newspaper and magazine subscriptions. You must pay any return costs. Vegan pills, seeds and powders could be refused because they could not be adequately checked for prohibited goods. Anyone who has insufficient money and cannot earn income from work receives one stamp a week for a letter, on request.

Young offenders’ institutions

Belongings in your room

Article 50 of the Young Offenders’ Institutions Principles Act (Beginselenwet justitiële jeugdinrichtingen, Bjj) also distinguishes between prohibited, permitted and other items. Alongside order, safety and liability, physical and mental development and the stay or treatment plan are taken into account.

Clothing, shoes and personal items are generally allowed, possibly subject to conditions. A T-shirt bearing the words ‘Satudarah support club’ could be confiscated because of the educational environment and treatment considerations. A Playstation 3 could be refused because it allowed unsupervised contact.

Exchanging, lending or otherwise transferring personal belongings is prohibited. Conditions may, for example, prevent noise nuisance or overloading of the electricity supply. The ban on data storage and communication devices also applies here, with the possibility of an exemption.

Items that are not allowed may be stored with a receipt or sent to parents, a guardian, a stepparent or foster parents. They may be destroyed with the young person’s permission. Costs may be charged. Items may be handed over to an investigating officer to prevent or investigate criminal offences.

Money and mail

Article 51 Bjj prohibits cash unless the house rules state otherwise. The Young Persons’ Pocket Money Regulations (Regeling zakgeld jeugdigen) specify € 1.26 per day, adjusted annually on 1 January. Payment is made into the internal account at least monthly. The director may set aside part of the money; on transfer, pocket money held back is sent to the new institution. No more than seven days’ pocket money may be used to compensate for damage caused by an unlawful act.

The maximum balance is € 500. Deposits must include the surname, initials and registration number. Transfers to another young person are not allowed.

Article 41 Bjj governs mail. Checks may also relate to development and the future prospects plan. Protected contacts are listed in article 42 Bjj. The contents of their mail may not be checked; checks for enclosed items must take place in the young person’s presence, including during room inspections. Outgoing protected mail must be handed in open, with sufficient postage and with the name and group name stated.

Damage

Article 82 of the Young Offenders’ Institutions Regulations (Reglement justitiële jeugdinrichtingen) limits liability to € 500 per item, including consequential loss, except in cases of intent or conscious recklessness. This is therefore not a combined limit for all missing belongings.

During a room inspection, a religious necklace was torn apart. Because staff had not acted with sufficient care, the director was held liable. The house rules could not exclude that liability entirely.

Forensic psychiatric clinics (tbs-klinieken)

Possessions and permission

Article 44 of the Principles Act on the Care of Persons Subject to a TBS Order (Beginselenwet verpleging ter beschikking gestelden, Bvt) governs which belongings a patient may keep. Protecting society and the safety of others are also taken into account. Residents have scope to furnish their own rooms, but house rules may set limits.

The model house rules list prohibited goods, including drugs, weapons, money and data storage devices. The head of the clinic may grant an exemption. Permission is required to bring in mail, reading materials, medication and pets. A request can be submitted for other items.

A refusal must be adequately justified. Digital speakers could not be refused without a proper reason when enough walking space remained and other residents had similar equipment. Nor did four packets of cigarettes justify intervention on order and safety grounds without specific indications of prohibited trading.

Managing money

Under article 45 Bvt and article 40 of the Regulations on the Care of Persons Subject to a TBS Order (Reglement verpleging ter beschikking gestelden, Rvt), the head of the clinic manages the patient’s own money unless the care and treatment plan states otherwise. This includes money brought in, money received and earnings from work.

There is no maximum balance for the internal account. Patients without income are entitled to pocket money and a clothing allowance under article 13 Rvt, adjusted annually. House rules may provide for money to be set aside for debts and for compulsory saving. A withdrawal request must specifically explain what the money will be spent on. An insufficiently explained request to withdraw all savings could be refused.

Mail and liability

Article 35 Bvt allows checks for enclosed items, as far as possible in the patient’s presence. Monitoring the contents or refusing mail is allowed for a maximum of four weeks at a time if this is necessary to protect safety, health or other protective interests recognised by law. Protected correspondence falls under article 36 Bvt and its contents may not be checked.

A blanket advance refusal of all future parcels from members of a patient’s personal network was not allowed: refusal first required examination of the contents (RSJ R-20/7674/TA).

The Bvt sets no fixed maximum amount for liability for damage to belongings. The head of the clinic may be responsible for damage caused by staff. A declaration that belongings are kept at the patient’s own risk does not automatically exclude liability.

Registration, storage and inspections

Valuable belongings, also called ‘preciosa’, are described carefully when placed in storage. The resident and a staff member sign the record. If the institution does not follow this procedure, it bears responsibility for any loss. Inventory lists of goods brought in and taken out help resolve problems with evidence.

The institution does not have to store all belongings on site. You may have to pay for storage elsewhere or for shipping. Belongings left behind after release, an urgent transfer, absconding or death are generally kept for at least six months.

Inspections are governed by article 34 Pbw, article 39 Bjj and article 29 Bvt. If damage occurs, you must make it plausible that staff caused it. In principle, your cell or room should be locked while you are away. Failure to lock it may make the institution responsible for missing belongings. However, supervision where doors have been opened in advance may be sufficient.

In prisons, except in cases of intent or recklessness, liability is limited to € 500 per item, including consequential loss. Damage must be reported to the designated person or department immediately after it is discovered.

Belongings during a transfer

Under article 10 of the Regulations on the Transport of Persons in the Justice System (Regeling vervoer van justitiabelen), each person may take no more than one sealed luggage box and/or valuables bag. Animals are not transported. The transport escort is responsible for the luggage, which remains closed. Additional freight is transported on request by the Transport and Support Service (Dienst Vervoer en Ondersteuning, DV&O).

The sending institution arranges the packaging and consignment note. The driver signs for the number of boxes, not their contents. Open or unsealed boxes are refused. An incomplete shipment is returned; partial delivery is not allowed.

The sending institution is generally responsible until the receiving institution signs for receipt. Submit your damage claim to the responsible institution. Even if DV&O caused the damage, the institution handles the claim; you do not have to pursue DV&O yourself.

Complaints about belongings

A formal complaint (beklag) is a complaint to the complaints committee (beklagcommissie) about a decision affecting you personally. In principle, you cannot make a formal complaint (beklag) against a general prohibition. However, general rules must not conflict with higher-ranking legislation.

If an item that is generally allowed is refused, or if it does not appear on any list, the committee can review how the interests were weighed up.

For damage or loss in prisons, the approach taken by the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) since September 2023 requires you to ask the governor or head of the unit for a solution first. If you disagree with that decision, you can submit a formal complaint (beklag).

An award of money is usually compensation for inconvenience, not automatically full compensation for the damage. Damage that is easy to establish may be taken into account. You can approach the management or the civil court for compensation for damage.

What does this mean for you?

• Before buying anything or visiting, check which belongings are allowed.
• Ask for permission before having an unlisted item brought in.
• Keep receipts for stored items, inventory lists and purchase receipts.
• After a transfer, check that everything is present and undamaged.
• Report damage or loss immediately and describe what is missing, when you discovered it and what evidence you have.

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.

Other topics

• Arrestant detainees
• Camera surveillance
• Compensation
• Complaints procedure (beklagprocedure)
• Compulsory treatment
• Contact between parent and child