Transfer

Prisons

Who decides?

Under Article 15 of the Custodial Institutions Act (Penitentiaire beginselenwet, Pbw), the minister decides on placement and transfer. In practice, a selection officer (selectiefunctionaris) from the Individual Affairs Directorate (Directie Individuele Zaken, DIZ) of the Custodial Institutions Agency (DJI) does this on the minister’s behalf. Directions from the court and the Public Prosecution Service (Openbaar Ministerie, OM) are taken into account.

The governor decides which accommodation you receive within the institution (Article 16 Pbw). An internal move to a cell or unit with the same designated purpose falls within the governor’s authority. However, a move from a remand centre (huis van bewaring) to a prison must be decided by the selection officer (selectiefunctionaris), even within the same building.

An internal transfer must be handled carefully, and the reason must be clear. For a transfer to another location within the same prison institution (PI), the governor must hear your views beforehand and inform you of the decision in writing (Articles 57(1)(l) and 58(1) Pbw).

Requesting a transfer yourself

Article 18 Pbw gives you the right to submit a transfer request. You can do this directly to the selection officer (selectiefunctionaris) or through the governor. The governor must process and forward your request, even if they do not support it.

The case manager prepares a selection recommendation (selectieadvies) on the governor’s behalf. It includes your request, the reasons supporting it and the governor’s position. The selection officer (selectiefunctionaris) must decide within six weeks. If your request is refused, you can submit another such request after six months.

Approval does not mean you will move immediately. You are put on a placement list; available capacity determines when the transfer takes place.

Which placement suits your situation?

The Pbw and the Regulations on the Selection, Placement and Transfer of Detainees (Regeling selectie, plaatsing en overplaatsing van gedetineerden, Rspog) distinguish between designated purpose, security and regime:

• Designated purpose: a remand centre (huis van bewaring) is used, among other things, for pre-trial detention. A prison is for convicted people, even if their conviction is not yet final. Placement in a unit for persistent offenders (ISD-afdeling) requires a final sentence imposing the persistent offender measure (ISD-maatregel).
• Security: placements have limited, normal, enhanced or extra security. Normal security is the starting point. A Limited Security Unit (Beperkt Beveiligde Afdeling, BBA) offers opportunities for work or education outside the prison walls during the final stage of detention.
• Regime: in a communal regime (gemeenschapsregime), you take part in activities together as much as possible. A shared cell is usual unless there are reasons against it, for example because of health or behaviour. In an individual regime (individueel regime), the governor decides which activities take place alone or with others. You have a single cell there.

At the initial placement, the risk of escape and the risk to society are also assessed. In addition to normal risk, there are elevated, high and extreme risk profiles. Factors considered include details of the offence, information from previous periods of detention and police information.

A move between similar placements is called a horizontal transfer (horizontale overplaatsing). A move to a placement with a different designated purpose is called a vertical transfer (verticale overplaatsing). During phased progression through detention (detentiefasering), both security and regime change. A ‘punitive transfer’ (strafoverplaatsing) does not exist in law: a transfer may, however, be considered necessary for order and security.

Special units

Special accommodation may relate to health, vulnerability, behaviour or the offence (Article 14 Pbw):

• EZV: additional support for vulnerable detainees. Staying there does not automatically give you a right to placement in a prison psychiatric centre (PPC) or external treatment. The deciding factor is whether the institution can provide sufficient care; the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) confirmed this on 3 February 2025.
• PPC: psychiatric care when regular care or EZV is insufficient and placement in mental healthcare (GGZ) is not possible. Following an assessment by the Netherlands Institute of Forensic Psychiatry and Psychology (NIFP), the governor requests a transfer from the selection officer (selectiefunctionaris).
• Pieter Baan Centrum: psychiatric observation ordered by the court, in principle for a maximum of seven weeks.
• JCvSZ: hospital care or long-term additional physical care. The governor can arrange a short admission under Article 42(4) Pbw; long-term placement can be arranged through the selection officer (selectiefunctionaris).
• BPG: accommodation for people who pose an extreme management risk. Psychiatric problems must be ruled out as the primary explanation, and accommodation within the current or another institution must no longer be a suitable option.
• AIT: intensive supervision to prevent continued criminal activity. The governor decides on placement; a change to decisions being made on the minister’s behalf is planned.

The Extra Secure Institution (Extra Beveiligde Inrichting, EBI) is intended for extreme escape risks or unacceptable risks to society, including indications of continued criminal activity. A separate selection procedure applies, involving an advisory committee and an annual review of the placement.

Placement in a Terrorist Unit (Terroristen Afdeling, TA) may follow suspicion of or conviction for a terrorist offence, or the spreading of radicalising messages. The legal basis for detention is decisive. For placement because of radicalising messages, a renewal decision is made every twelve months.

For the category under Article 20a(b) Rspog, transfer out takes place after one third of the final prison sentence or when the remaining sentence is between four months and one year. Exceptions apply where extradition is imminent, radicalising messages have been spread in the past year, or escape would pose an elevated risk to society.

Immigration detention

The Pbw and Rspog also apply to placement in immigration detention (vreemdelingenbewaring). Detainees stay in a detention centre.

This differs from detention for a criminal offence. People without lawful residence who are detained on criminal law grounds are placed in PI Ter Apel (Article 20b Rspog). Immigration detention itself is not criminal detention.

Complaints, objections and appeals

The correct procedure depends on who made the decision:

• Internal transfer decided by the governor: a complaint (beklag) to the supervisory committee (commissie van toezicht) under Article 60(1) Pbw.
• Failure to properly process or forward your request: also a complaint (beklag). You cannot lodge a complaint (beklag) about the content of the selection recommendation itself or how it was prepared.
• Placement decision by the selection officer (selectiefunctionaris): usually an objection (bezwaar) first, no later than the seventh day after you learned of the decision. This also applies to initial placements and people who report to prison themselves to serve their sentence (zelfmelders).
• Refusal of your own transfer request: a direct appeal (beroep) to the Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming, RSJ), including a partial refusal.

A direct appeal also applies to a request by the governor that you fully agreed with or to which you expressed objections beforehand. In other cases, the selection officer (selectiefunctionaris) decides on your objection within six weeks. If your objection is then found wholly or partly unfounded, you can appeal to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ).

During an appeal, you can request suspension (schorsing): a temporary halt to implementation of the decision. During the objection procedure, this is generally not possible, except where a decision has been delayed for a long time or there are exceptional circumstances.

Forensic care and TBS

Transfer from prison to care

Article 15(4) and Article 43(4) Pbw provide options for placement in mental healthcare. Placements under these articles are voluntary and require your consent and a care needs assessment (indicatie) by the NIFP: an assessment of the care you need. The two routes must not be used one after the other.

For specified serious violent and sexual offences, an offence analysis and risk assessment are required. The care needs assessment takes account of a risk assessment that is no more than six months old. The case file and advice from the Public Prosecution Service (OM), the probation service (reclassering) and, where relevant, the court also play a role.

Exclusions apply to placements under these articles. They include a hospital order with compulsory treatment (tbs met dwangverpleging), negative advice from the Public Prosecution Service (OM), immigration status, a life sentence, expected public unrest, an assessed need for security level 4, or refusal to consent to the mental healthcare needs assessment (GGZ-indicatie).

You remain administratively registered with your original institution. The governor monitors your treatment and remains responsible. Any freedoms require decisions under the leave rules; ending the placement may lead to a return to prison.

Article 43(4) Pbw

This route can be used for necessary care, including inpatient treatment or supported living towards the end of detention. You must have been convicted at least at first instance. The placement must be compatible with carrying out the deprivation of liberty.

The governor decides and is also responsible for preparation and the choice of care provider. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) has ruled, among other things, that:

• positive expert advice and motivation for treatment must be given sufficient weight when refusing a request;
• late preparation may amount to a serious failure in the duty of care;
• a reference to the Ifzo placement system without a specific explanation may be insufficient.

These principles follow, among other things, from rulings of 24 December 2024 and 31 January 2025.

Article 15(4) Pbw and TBS placement

Article 15(4) Pbw allows transfer for inpatient care in cases involving a mental disorder, a psychogeriatric condition or an intellectual disability.

Article 6:2:8 of the Code of Criminal Procedure (Wetboek van Strafvordering) also provides options for placement in a forensic psychiatric hospital (tbs-kliniek). In certain circumstances, this is possible even without a hospital order (tbs), for example when the psychiatric care available in detention is insufficient. Where both imprisonment and a hospital order (tbs) have been imposed, the need for early placement is assessed regularly. The hospital order (tbs) normally starts once the judgment is final and the portion of the prison sentence that must be served has been completed.

Available places and security risks may be taken into account. Decisions on this placement, its termination and certain refusals can be appealed to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) within four weeks.

Youth detention centres

The selection officer (selectiefunctionaris) decides on the placement of young people. They consider the grounds for detention, personal circumstances, security needs, and directions or advice from the agencies involved. Upbringing and return to society are also taken into account. A young person can request a transfer themselves; the governor can also propose one (Articles 12 and 19 of the Youth Custodial Institutions Act (Beginselenwet justitiële jeugdinrichtingen, Bjj)).

Proximity to the young person’s home environment does not automatically give them a right to a particular institution. Nor does the application of adolescent criminal law (adolescentenstrafrecht) automatically require placement in a youth detention centre, as the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) ruled on 22 July 2025.

Treatment and special placements

For an order for placement in an institution for young offenders (PIJ-maatregel), the placement deadline is generally three months. Extensions of three months at a time are mainly intended for capacity shortages and require an explicit decision.

If no place is available, a young person aged sixteen or over may remain in a police cell for up to ten days. For those aged twelve to under sixteen, the maximum is three days, solely to arrange transport to an available place in a youth detention centre.

Psychiatric advice is required for intensive care or treatment; a special committee advises on placement in the individual programme unit (individuele trajectafdeling). The governor can extend the placement after receiving advice, but must first hear the young person’s views. A complaint (beklag) is possible. Observation under Article 22d Bjj generally lasts no more than seven weeks, with an extension of up to four weeks.

The governor decides whether a young person may care for a child in the institution. Before refusing or withdrawing permission, the governor must hear the young person’s views (Article 61 Bjj); a complaint (beklag) can be lodged under Article 65 Bjj. If suitable facilities are lacking, a transfer of the parent and child can be requested.

A selection decision may be open to appeal to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ). If there was no prior request by the young person, an objection must first be submitted to the selection officer (selectiefunctionaris).

International transfers

Within the Kingdom of the Netherlands, there are several Mutual Arrangements on Detention Capacity (Onderlinge Regelingen Detentiecapaciteit, ORD). ORD1 does not apply to the European Netherlands. ORD2 allows transfers because of medical complications or urgent security reasons. The minister decides within fourteen days. The starting point is return once the need no longer exists, in principle within six months; extensions of six months at a time are possible.

There is no legal remedy under the Pbw against an ORD2 transfer or return. Summary proceedings (kort geding) are possible. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) has ruled that a prolonged stay of more than two years in the European Netherlands does not in itself justify permanently withholding freedoms.

ORD3 supports return to society following a final prison sentence. Conditions include having one’s main residence in the receiving country, a continuous stay of at least three years and at least six months of the sentence remaining. Once both ministers agree, transfer takes place within thirty days. The receiving country’s rules apply, which may change the date of conditional release (voorwaardelijke invrijheidstelling).

Outside the Kingdom, the transfer of sentence enforcement takes place under WETS or WOTS. The Individual Affairs Directorate (DIZ) coordinates these procedures. The governor or case manager must help a foreign detainee with a transfer request and process it.

What does this mean for you?

Support your request with specific reasons: for example, visiting opportunities, your care needs or expert advice. Check with your case manager whether the request has been forwarded. If it is refused, check who made the decision: this determines whether you need to lodge a complaint, submit an objection or appeal directly. Pay particular attention to the short objection deadline.

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