Leave

Leave from prison

Article 26 of the Penitentiary Principles Act (Penitentiaire beginselenwet, Pbw) provides the legal basis for leave. Detailed rules are set out in the Regulations on Temporarily Leaving the Institution (Regeling tijdelijk verlaten van de inrichting, Rtvi). During leave, your sentence continues to run; during an interruption of sentence (strafonderbreking), it is paused.

Reintegration leave and your leave plan

Reintegration leave (re-integratieverlof) must support a specific goal in your detention and reintegration plan (detentie- en re-integratieplan), known as the D&R plan. Examples include work, housing or restoring family contact. Stricter rules have applied since 1 January 2025, particularly for social leave.

The leave plan forms part of the D&R plan. It sets out the goal, how leave will help achieve it, and the length and frequency of leave needed. A leave plan is not permission to leave. A separate decision is still required.

Short-term leave for practical matters

Article 19 Rtvi allows leave for matters such as a job interview, an identity document, a tenancy agreement, an exam or a behavioural intervention. There is no maximum number of occasions. You leave and return on the same day; the leave must last no longer than necessary.

For sentences of up to and including six years, both conditions apply:

• You have been detained for at least six weeks, or 42 days.
• There are no more than eighteen months until your release, whether conditional or unconditional.

For longer sentences, this leave can start no earlier than six months before the point at which long-term reintegration leave becomes possible.

You must explain why you need to attend in person. According to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ), it is not necessary to check before every job interview whether a video call would be sufficient (25 January 2022, 21/22930/GV).

Short-term leave for your social network

Article 19a Rtvi applies to matters such as family visits:

• The visit serves a specific goal in the D&R plan.
• Leave is possible no more than once per quarter.
• Departure and return must be on the same day.
• If you have already been granted long-term leave for the same purpose in that quarter, the request will be refused.

It is possible to combine this with practical reintegration leave in the same period.

Long-term reintegration leave

Article 20 Rtvi allows leave with overnight stays. This often concerns social contacts, but may also involve an intervention lasting several days. For example, a family visit must aim to establish stable family contact or help you learn to fulfil a parenting role again.

The main rules are:

• No more than once per quarter, for up to 76 hours and a maximum of three consecutive nights.
• You must first have completed short-term leave without incidents.
• Short-term and long-term social leave cannot be granted for the same purpose in the same quarter.
• Unused hours cannot be carried over to the next quarter.

The progression must be appropriate. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) upheld a refusal because unescorted short-term leave was the logical next step first (8 March 2023, 22/30601/GA).

For both short-term social leave and long-term leave, the following applies to sentences of up to and including six years: at least four months in detention, at least half the sentence served, and no more than twelve months until release, whether conditional or unconditional. For sentences longer than six years, the time-period formula is twelve months plus one and a half months for each full year of the sentence above six years.

Both types of leave are refused if they fall within the last five days before placement in a penitentiary programme (penitentiair programma, PP), conditional release (voorwaardelijke invrijheidstelling) or the end of detention (Article 16, paragraph 2 Rtvi).

Working outside the institution and exceptions

For work outside the institution (extramurale arbeid), the selection officer (selectiefunctionaris) decides on behalf of the minister (Article 20a Rtvi). This leave is a condition for staying in a Limited Security Unit (Beperkt Beveiligde Afdeling, BBA) and lasts at least four weeks and no more than twelve months. Behaviour, risks and victims’ interests are taken into account.

In a BBA, short-term social leave and long-term leave are each possible once a month. Both may take place within the same month.

Where there are exceptional, compelling reasons, the hardship clause (hardheidsclausule) may be applied (Article 18, paragraph 4 Rtvi). Possible exceptions include additional occasions of leave, combining both types of social leave, and long-term leave of up to 196 hours and eight consecutive nights. The requirement to have first completed short-term social leave without incidents may also be waived. Recognised interventions and special programmes addressing basic needs or social contacts may constitute compelling reasons. You must expressly request and support the exception you want: there is no right to have this clause applied.

Exceptional leave

Exceptional leave (incidenteel verlof) is intended for exceptional personal events where your presence is necessary, such as a birth or funeral. Both sentenced prisoners and people in pre-trial detention (voorlopige hechtenis) can apply. Articles 21 to 33 Rtvi govern this option; the events mentioned are not an exhaustive list.

You normally return on the same day. Only a long journey can justify returning the next day. You may be accompanied or placed under guard.

The director usually decides. For people in pre-trial detention, advice must be sought from the Public Prosecution Service (Openbaar Ministerie, OM). If the director wishes to grant leave despite negative advice from the OM, the minister decides. The minister also decides for the special categories listed in Article 32, paragraph 2 Rtvi, such as prisoners in an Extra Security Institution (Extra Beveiligde Inrichting, EBI).

Any urgency should be supported with specific details. In KC 2022/012, the institution should have dealt more quickly with an application to say goodbye to a seriously ill grandfather, looked into transport in advance and subsequently considered a visit to pay last respects. The complaint was upheld.

Interruption of sentence

An interruption of sentence (strafonderbreking) lasts at least 48 hours and no more than three months (Article 35 Rtvi). Only people whose convictions are final are eligible. Your sentence does not continue to run during the interruption.

Reasons may include caring for a seriously ill family member, a birth, a death, or urgent medical, therapeutic or business circumstances. Where relevant, you must show that you could not have made arrangements earlier and that nobody else can take over. A wish to have a child is not sufficient on its own.

An interruption of sentence is not possible during pre-trial detention, court-ordered forensic psychiatric treatment (tbs), immigration detention (vreemdelingenbewaring) or detention under a measure for persistent offenders (ISD-maatregel). It will not be granted if another type of leave is sufficient or if the matter can wait until release. The minister decides under Article 39 Rtvi. Changed circumstances may lead to an adjustment, rescheduling or partial withdrawal (Article 40 Rtvi).

Special groups

Separate leave rules apply to people detained under a measure for persistent offenders (ISD-maatregel). People serving life sentences also have separate rules. They may receive exceptional leave and, after 25 years, may become eligible for reintegration activities, including leave under Article 20d Rtvi. The minister decides after receiving advice from the Advisory Board on Life-Sentenced Prisoners (Adviescollege levenslanggestraften). This leave lasts no more than one day, with electronic monitoring and, initially, accompaniment and guarding.

The temporary capacity-related leave scheme (capaciteitsverlof), involving an electronic ankle tag, applied from June 2024 up to and including 1 January 2026.

Leave for young people

The legal basis is set out in Articles 28 to 30 of the Youth Custodial Institutions Principles Act (Beginselenwet justitiële jeugdinrichtingen, Bjj), with further rules in the Youth Custodial Institutions Regulations (Reglement justitiële jeugdinrichtingen, Rjj).

Legal basis for placement and conditions

For young people staying in a youth custodial institution under Article 6.2.2, paragraph 2 of the Youth Act (Jeugdwet), Article 29 Bjj applies: at least twelve hours of leave at least once every six weeks. The director may depart from this rule if leave cannot be taken responsibly or if there is a danger to the young person or others.

For a placement under criminal law, ministerial authorisation is required (Article 30 Bjj). The sentence or measure continues to run during leave. The young person must not commit a criminal offence; additional conditions may be imposed. Danger or failure to comply with conditions may lead to withdrawal.

Under Article 31 Rjj, the young person’s interests and the risks are weighed against each other. Relevant factors include the offence, public unrest, the risk of escape or reoffending, previous periods of leave and recent behaviour. Accompaniment or guarding may reduce risks.

Planned and exceptional leave

Planned leave (planmatig verlof) is only possible for placements under criminal law. The leave plan forms part of the future plan (perspectiefplan), which focuses on returning to society. Article 33 Rjj distinguishes between:

• Accompanied day leave without an overnight stay.
• Unaccompanied day leave without an overnight stay.
• Unaccompanied leave with one overnight stay.
• Unaccompanied leave with several overnight stays.

Exceptional leave (incidenteel verlof) is available to every young person in a youth custodial institution. It concerns personal circumstances where their presence is necessary, such as a loved one being in a life-threatening condition, a birth or an exam. It lasts no more than three 24-hour periods and may be accompanied or unaccompanied (Article 32 Rjj).

A refusal of leave for a circumcision celebration was found to be unreasonable, partly because previous periods of leave had gone well (Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ), 10 August 2010, 10/0733/JV). A restriction on leave also requires its own justification: in KC 2016/020, an order measure (ordemaatregel) alone was insufficient.

Education and training programme

The education and training programme (scholings- en trainingsprogramma, STP) supports a gradual return to society. Participation is possible after at least two thirds of the final sentence has been served; the programme must start no later than three months before the end of the sentence. It includes at least 26 hours a week of activities related to housing, work, school or leisure. The probation service (reclassering) supervises the programme; the youth institution remains responsible.

Leave during TBS and forensic care

For court-ordered forensic psychiatric treatment with compulsory inpatient care (tbs met dwangverpleging), leave is part of treatment, but not a statutory right. Article 50 of the Act on Principles Governing the Care of Persons under a TBS Order (Beginselenwet verpleging ter beschikking gestelden, Bvt) allows leave with ministerial authorisation if safety permits. Progress in treatment and a reduced risk of further offences are decisive.

Stages of leave

Article 53 of the Regulations on the Care of Persons under a TBS Order (Reglement verpleging ter beschikking gestelden, Rvt) distinguishes between several stages:

• Accompanied leave (begeleid verlof): with staff, usually for no more than a day or part of a day, without an overnight stay.
• Unaccompanied leave (onbegeleid verlof): from a few hours to a maximum of six overnight stays, for example for education, work experience or social contacts.
• Transmural leave (transmuraal verlof): living outside the clinic for a longer period, with remote supervision and the clinic remaining responsible. Earlier stages must have gone well or have been skipped for stated reasons.
• Trial leave (proefverlof): returning to society under probation supervision. The clinic remains responsible and can readmit the person immediately if problems arise (Article 51 Bvt).

There is also exceptional or humanitarian leave (incidenteel of humanitair verlof). For people receiving long-term forensic psychiatric care, accompanied humanitarian leave may be possible, for example to visit family. This usually lasts one day.

Application, conditions and authorisation

The clinic prepares the application and risk assessment. After an internal review, the leave unit of the Custodial Institutions Agency (DJI) checks the procedure. The independent Advisory Board on TBS Leave Assessment (Adviescollege Verloftoetsing Tbs, AVT) advises on the merits. Negative advice is binding on the minister; the minister may depart from positive advice. Additional information or a second assessment may be needed.

An authorisation is valid for one year; exceptional leave receives a one-off authorisation. The clinic must submit an evaluation two months before the authorisation expires. In addition to the ban on committing criminal offences, conditions such as an electronic ankle tag may apply.

An authorisation lapses in circumstances including an unauthorised absence of more than 24 hours during unaccompanied leave, except where circumstances beyond the person’s control are involved. The same may happen if the Public Prosecution Service (Openbaar Ministerie, OM) reports a suspicion that the person committed an offence during TBS for which pre-trial detention is permitted. The former automatic measure of ‘no leave for one year’ has been changed: a new authorisation may be possible if treatment and safety allow it.

The minister may withdraw authorisations; the head of the clinic may withdraw the actual leave. These are separate decisions.

Complaints and appeals

The correct procedure depends on who makes the decision:

• Prison: you can lodge a complaint (beklag) under Article 60 Pbw against the director’s refusal of exceptional leave. You can appeal directly to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) against a ministerial refusal and decisions on interruption of sentence.
• Youth: without an authorisation, the selection officer (selectiefunctionaris) decides; an appeal is possible under Article 77, paragraph 2 Bjj. With an authorisation, the director decides; you can lodge a complaint (beklag) against that decision under Article 65 Bjj.
• TBS: an appeal against withdrawal by the minister is available under Article 69, paragraph 1 Bvt. If the head of the clinic withdraws leave, a complaint (beklag) may be possible, but individual treatment decisions cannot always be challenged through this procedure. There is no legal remedy against a failure to apply for an authorisation, a refusal to grant one or its automatic lapse.

What does this mean for you?

Link your application to the correct purpose of leave and explain why your presence outside the institution is necessary. Include supporting information, especially in cases involving illness, death or family contact. Explain any urgency, the accompaniment needed and the length of leave requested. If your application is refused, check who made the decision and whether it concerns a refusal, withdrawal of leave or loss of authorisation: this determines which complaint or appeal procedure applies.

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