Staying in a youth detention centre

Youth detention centres: legal protection

The Youth Custodial Institutions Act (Beginselenwet justitiële jeugdinrichtingen, Bjj) governs the legal position of young people in a JJI. Further rules are set out in, among other legislation, the Youth Custodial Institutions Regulations (Reglement justitiële jeugdinrichtingen, Rjj). This explanation concerns youth detention centres, not placements in a secure youth care institution (Jeugdzorg-plusinstelling) under civil law.

The Convention on the Rights of the Child (IVRK) also provides protection. Article 37(c) IVRK gives a child in detention the right to contact with family through letters and visits, except in exceptional circumstances. The Beijing Rules emphasise access for parents and legal representatives. The Havana Rules provide for regular visits that respect privacy: in principle weekly, and at least monthly.

Visits and letters

At least one hour of visits per week

Under Article 43(1) Bjj, a young person is entitled to at least one hour of visits per week. The house rules must explain:

• who may visit and how many visitors are allowed;
• how to request a visit;
• where and when visits take place;
• how long visits last.

Every visitor must show proper identification on arrival. The director may have clothing and belongings checked for dangerous objects. These may be held during the visit in exchange for a receipt, or handed over to an investigating officer to prevent or detect criminal offences (Article 43(5) Bjj).

Refusing, monitoring and ending visits

The director may refuse a particular visitor when this is necessary for:

• order or safety within the institution;
• preventing or detecting criminal offences;
• protecting victims or others affected by crimes;
• the young person's physical or mental development;
• carrying out the development plan (perspectiefplan): the plan for the young person's support and development.

For these grounds, except victim protection, a refusal lasts no more than four weeks. The director may then impose another refusal if they consider it necessary.

The same interests may justify listening to or recording conversations. The young person and visitor must be informed in advance. A visit may also be ended early and the visitor removed (Article 43(6) Bjj).

Special visitors and mail

The visitors listed in Article 42(1) Bjj have broader visiting rights. These privileged visits are not monitored unless this is necessary for the visitor's safety.

Parents, a guardian, a stepparent, foster parents and a lawyer may visit at set places and times. An exception applies to the listed caregivers where there are compelling interests. Members of the supervisory committee (commissie van toezicht), the complaints committee (beklagcommissie) and the Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming, RSJ), among others, may visit at any time.

Article 41(1) Bjj gives the right to receive and send mail. Although the director may withhold mail in certain cases, they may not refuse to send or deliver letters between the young person and their parents, guardian, stepparent or foster parents (Article 42(1)(l) Bjj).

Education and personal development

Education is compulsory

The director must provide education, developmental activities and the necessary facilities (Article 52(3) Bjj). The young person must attend education as part of their upbringing and development (Article 52(1) Bjj): at least 26 hours per week, from Monday to Friday.

The Compulsory Education Act 1969 (Leerplichtwet 1969) also applies. Children aged 5 to 16 must attend school. Without a basic qualification (startkwalificatie), the education requirement continues until age 18. A basic qualification is a senior general secondary education (havo) or pre-university education (vwo) diploma, or at least a secondary vocational education (mbo) level 2 qualification. There are exceptions for practical education and special secondary education as referred to in Article 4a(2) of the Compulsory Education Act.

Matching the young person's level and previous schooling

An external educational institution provides education within the JJI. Options include pre-vocational secondary education (vmbo), secondary vocational education (mbo) and special secondary education (VSO). Classes have no more than 7 or 8 pupils. Education must build on previous school activities as closely as possible.

The Expertise Centres Act (Wet op de expertisecentra) applies to privately run institutions; the Rjj applies to state-run institutions. In a state-run institution, an intake assessment and an educational pathway with goals and outcomes form the basis. Article 62(3) Rjj lists arithmetic and mathematics, Dutch, world studies or social studies, independent living skills, practical subjects, physical education and creative development.

Placement at a VSO school requires an eligibility statement (toelaatbaarheidsverklaring). The regional school partnership seeks advice from two experts for this purpose. A Guidance Committee (Commissie van Begeleiding) supports pupils' development using expertise in education, upbringing, psychology and medicine.

The choice of education takes account of security, permitted freedoms and the reasonable wishes of the young person and their caregivers (Article 52(2) Bjj). Young people must also be able to follow the news and use a library (Article 53(1) Bjj).

The director may apply for reimbursement of the cost of an additional course. The course must contribute to the young person's educational development, fit the development plan and pose no security risk. The application must be supported by written reasons and an itemised breakdown of costs.

Support: YOUTURN, TOPs! and Work-Wise

The five phases of YOUTURN

All JJIs use YOUTURN. This approach teaches young people to take responsibility, manage anger and develop social skills. The number of phases a young person completes depends on their stay.

• 1. Intake: no more than ten days, involving interviews, tests and information from parents, school and the youth probation service (jeugdreclassering). A development plan is drawn up within three weeks. The young person is assigned a mentor.
• 2. Stabilising and motivating: no more than twelve weeks, usually ten, with education and training.
• 3. Personal development: from around twelve weeks, focusing on the offence and factors such as aggression or substance use. A new development plan follows every four months. Leave may initially be supervised and later unaccompanied.
• 4. Return to society: education and training outside the institution through an education and training programme (scholings- en trainingsprogramma).
• 5. Aftercare: once the young person has left permanently, the JJI passes relevant information to the municipality and the youth or adult probation service.

Targeted programmes

TOPs! is a group programme for young people aged 12 to 24. It is also suitable for those with a mild intellectual disability and an IQ of at least 70. It consists of 40 one-hour sessions on everyday situations, anger, social skills and thinking about good choices. There are at least two sessions per week; young people may join at any time.

Work-Wise supports young people staying longer than three weeks with education and employment. An individual pathway coordinator also helps with housing, leisure activities and social contacts. The programme consists of four to six weeks of preparation, a work-focused phase of 26 to 39 weeks and twenty weeks of aftercare.

Other treatments focus on issues such as offending behaviour, substance use, aggression or sexual offending problems. Treatment by psychiatrists and psychologists is available for psychiatric problems.

Night detention

During night detention (nachtdetentie), the young person attends school, work or day treatment during the day, with support if needed. Evenings, nights and weekends are spent in the JJI. Article 493(3) of the Code of Criminal Procedure (Wetboek van Strafvordering) provides a legal basis for this during pre-trial detention (voorlopige hechtenis). Night detention may also form part of a behavioural measure (gedragsbeïnvloedende maatregel) involving training or treatment (Article 77w of the Criminal Code, Wetboek van Strafrecht).

Conditions and exclusions

Young people aged between 12 and 18 may in principle participate if the offence allows for pre-trial detention. Meaningful, structured daytime activities, a reasonable travelling distance and a signed contract are required.

Night detention is excluded where there is a risk of absconding, a risk of further offences, a seriously disturbed legal order, restrictions imposed by the examining magistrate (rechter-commissaris), or deportation or extradition after detention ends. An expected unconditional sentence or measure of more than six months also rules out participation.

A previous offence or a relatively serious offence does not automatically rule out participation: its nature and circumstances matter. The judge may also consider behavioural problems, a long holiday without daytime activities and concerns raised by the Child Care and Protection Board (Raad voor de Kinderbescherming).

Requests and arrangements

The young person, their lawyer, the public prosecutor (officier van justitie), the Child Care and Protection Board or the youth probation service may request night detention. The judge assesses the options. The JJI and youth probation service then draw up a plan; the selection officer (selectiefunctionaris) arranges the placement.

Before the start, arrangements for daytime activities, transport and monitoring must be in place. The JJI arranges transport and discusses the contract. If the rules are broken, the public prosecutor may issue a warning or end night detention. The young person will then stay in the JJI both day and night.

Small-scale youth justice facility (Kleinschalige Voorziening Justitiële Jeugd, KVJJ)

A KVJJ is a low-security facility for young people in pre-trial detention and those in the final phase of a placement in a youth institution order (PIJ-maatregel). Placement close to their own community helps them maintain contact.

There are five KVJJs: Amsterdam, Rijnmond in Krimpen aan den IJssel, Haaglanden, Noord in Groningen and Zuid in Venlo. Each facility has no more than eight places.

Education and training programme (scholings- en trainingsprogramma, STP)

An STP makes the transition back into society more gradual. The young person lives outside the JJI, with guidance and supervision from the youth or adult probation service. Participation is not a right. Housing, work or education, and leisure activities must be arranged beforehand.

Article 2 Rjj requires at least 26 hours of activities per week, such as education, social skills training, preparation for work or specialist care.

When is participation possible?

For youth detention (jeugddetentie), at least two-thirds of the final sentence must have been served and at least three months must remain. The STP lasts no more than three months (Article 4 Rjj).

For a PIJ order, Article 5 Rjj provides that the STP may start no earlier than:

• three months before the conditional end of an order lasting no more than three years;
• six months before that date for an order lasting more than three but less than five years;
• one year before that date for an order lasting no more than seven years.

Longer participation is possible in special cases.

Exclusions include pre-trial detention, other criminal proceedings in which a custodial sentence or measure has been sought, a PIJ order that has yet to begin, and mandatory departure, deportation or extradition. Immigration detention for those aged 12 to 17 and placement under civil law also rule out participation. For placement under civil law, there is an exception for an STP that has already started (Articles 3 and 6 Rjj).

Decision and conditions

After consulting the young person, the director requests permission from the minister, who decides within four weeks. Permission may be refused if the programme does not meet the requirements, does not fit the sentence or measure, or does not contribute enough to the return to society.

The director then decides on participation. They consider behaviour, motivation, agreements, responsibility, residential address, suitability, the offence, the course of detention and the risk of reoffending. The young person must agree in writing and receives written details of the activities, conditions and grounds for ending participation.

Under Article 12 Rjj, participants must follow instructions, provide requested information, report address changes in advance and not commit criminal offences. Electronic monitoring may be an additional condition.

If the rules are broken, the director may issue a warning, change the conditions, temporarily return the young person to the institution or end the STP. The minister may withdraw permission, including for breaches of the general conditions, 24 hours of unauthorised absence without circumstances beyond the young person's control, suspicion of an offence for which pre-trial detention is possible, or new relevant information.

Making complaints and objections

The young person may lodge a complaint (beklag) with the complaints committee (beklagcommissie) about the director's STP decisions. When taking action because of breaches, the director must immediately provide a written, reasoned, dated and signed notice, using understandable language as far as possible (Articles 12 and 13 Rjj).

There is no legal remedy against a public prosecutor's decision to end night detention. If this is followed by a transfer ordered by the selection officer (selectiefunctionaris), an objection (bezwaar) may be made to that officer and an appeal (beroep) may be lodged with the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ). An appeal is available against a court decision extending pre-trial detention, and therefore night detention.

What does this mean for you?

Ask for the house rules on visiting arrangements and discuss educational preferences with the support staff. Use the development plan to understand what the young person is working towards. Discuss night detention with the lawyer early if school, work or treatment can continue. Before an STP starts, check that housing, daytime activities and conditions are clear, and keep written decisions in case you need to make 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.

Other topics

• Arrestant detainees
• Belongings
• Camera surveillance
• Compensation
• Complaints procedure (beklagprocedure)
• Compulsory treatment