Transfer to another prison

• Who decides on transfers?
• Reasons for requesting a transfer
• Transfer against your will
• Objections and appeals
• What improves your chances of success?

Who decides on transfers?

Decisions about placement and transfer are made by or on behalf of the Individual Affairs Division (Divisie Individuele Zaken) of the Custodial Institutions Agency (DJI). This is called a placement decision (selectiebeslissing). The prison where you are held may give advice, but does not make the decision itself. This means that a complaint about such a decision does not go through the complaints committee (beklagcommissie), but follows a separate objection and appeal procedure.

Reasons for requesting a transfer

You can request a transfer yourself. Common reasons include:

• Difficulties with visits — your family cannot visit, or can only rarely visit, because of the travel distance, illness or caring for young children.
• Medical or mental health needs — you need care that can be provided more effectively elsewhere.
• Reintegration — a place closer to the municipality where you will live or work after your detention.
• Safety — problems or tensions with other prisoners in your current prison.
• Regime or programme — you qualify for a different regime, such as a low-security unit.

Support your request with as much specific information as possible. A statement from your family, a letter from a doctor or details of travel times and costs will make your request much stronger than simply saying that you would prefer to be somewhere else.

Visits are an important interest

Contact with family plays an important role in these procedures, but it is not decisive on its own. Your interests are weighed against factors such as available capacity, safety and how your detention is progressing.

Transfer against your will

You can also be transferred without your consent, for example after an incident, to maintain order and safety in the prison, or for capacity reasons. However, the decision must be made carefully and reasons must be given. Relevant factors include whether you were given an opportunity to be heard beforehand, whether the facts on which the decision is based are correct, and whether a less disruptive alternative was available.

Objections and appeals

• Request or decision. You submit a transfer request yourself, or receive a placement decision (selectiebeslissing).
• Written objection (bezwaarschrift). If you disagree with the decision, you can submit a written objection to the Custodial Institutions Agency (DJI). Do this as soon as possible: a short deadline applies.
• Appeal to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ). If your objection is rejected, you can appeal to the appeals committee (beroepscommissie) of the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ).
• Suspension (schorsing). If a transfer against your will is due to take place soon, you can also submit a request to suspend the decision (schorsingsverzoek).

What improves your chances of success?

• A specific, well-supported request, with supporting documents.
• Explaining clearly why the prison you want to move to is suitable for you.
• Addressing the arguments previously used against your request.
• Acting quickly so that you do not miss any deadlines.

Frequently asked questions

How long does it take for a decision to be made on my request?

This varies from case to case and depends, among other things, on the advice needed and the places available. If no decision is made, you can write to ask for one.

Can I be transferred during pre-trial detention?

During pre-trial detention (voorlopige hechtenis), the wishes of the Public Prosecution Service (openbaar ministerie) and the court also play a role, because you must remain available for the proceedings in your criminal case. A transfer is still possible, but different considerations apply.

My family really cannot travel. Does that help?

This can certainly be taken into account, especially if you support it with, for example, medical documents, income details or information about travel times by public transport.

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.