Standard House Rules of Netherlands (1998) (English)
Standard House Rules
Updated on12 November 1998
TABLE OF CONTENTS
INTRODUCTION
1 GENERALCONDITIONS
2 THE PRISON WHERE YOU ARE STAYING
2.1 YOUR WING
2.2 YOUR CELL
2.3 DAILY ROUTINE
2.4 USE OF PASS
3PROGRAMME
3.1 EXERCISE
3.2 WORK
3.3 PHYSICAL EXERCISE AND SPORT
3.4 EDUCATION AND SOCIO-CULTURAL TRAINING (INCLUDING SOCIAL INTEGRATION PROJECTS)
3.5 LEISURE
3.6 LIBRARY
3.7 SHOP
3.8 VISITS
3.8.1 PERSONAL VISITS
3.8.2 PRIVILEGED VISITORS
3.8.3 CONSULAR VISITS
3.9 USE OF TELEPHONE
3.9.1 TELEPHONE CALLS TO PERSONAL RELATIVES
3.9.2 TELEPHONE CALLS TO PRIVILEGED CONTACTS
4 CARE
4.1 MENTAL CARE
4.2 MEDICAL CARE
4.3 SOCIAL CARE AND HELP AVAILABLE WITHIN THE PRISON
4.3.1 PROBATION SERVICES
4.3.2 PSYCHOLOGIST
4.3.3 SOCIAL SERVICES OFFICE
4.3.3.1 SELECTION AND TRANSFER
4.3.3.2 TEMPORARY RELEASE FROM THE PRISON
4.3.3.3 ACCESS TO PENITENTIAL RECORDS
4.3.4 SOCIAL AND CUL TURAL WORK
4.3.4.1 LEISURE FUND
4.4 PERSONAL CARE
4.5 MATERIAL CARE
4.5.1 ARTICLES INSIDE THE PRISON
4.5.1.1 PROHIBITED ARTICLES
4.5.1.2 PERMITTED ARTICLES
4.5.2 MONEY
4.5.3 POSTAL MATTERS AND CORRESPONDENCE
4.5.4 BOOKS, NEWSPAPERS MAGAZINES
5 PRISONERS' COMMITTEE
6CONTROLAND USE OF FORCE
6.1 IDENTIFICATION
6.2 CELL SEARCHES
6.3 URINE CHECKS
6.4 CLOTHING OR BOOY SEARCH
6.5 INTERNAL BODY SEARCH
6.6 COMPULSORY MEDICAL TREATMENT
6.7 MECHANICAL AIDS
6.8 USE OF FORCE ANO FREEDOM RESTRAINTS
7 MAINTENANCE OF GOOD ORDER
7 .1 GENERAL
7.2 EXCLUSION FROM ONE OR SEVERAL ACTIVITIES
7.3 SOLITARY CONFINEMENT
8 DISCIPLINARY MEASURES/PUNISHMENT
8.1 GENERAL
8.2 FORMS OF DISCIPLINE
8.3 SUSPENDED DISCIPLINE
9 CLAIMS FOR DAMAGE
9.1 CLAIMS AGAINST THE PRISONER
9.1.1 DAMAGE TO GOVERNMENT PROPERTY
9.1.2 COSTS RESULTING FROM PHYSICAL INJURY
9.2 LIABILITY OF THE PRISON
10 AUTHORITIES
10.1 SUPERVISORY COMMITTEE
10.2 COMPLAINTS COMMITTEE
10.3 CENTRAL BOARD FOR THE ADMINISTRATION OF CRIMINAL JUSTICE
10.4 LEGAL AID OFFICE
11REQUESTAND APPEAL PROCEDURE
11.1 REQUESTS
11.2 APPEALS
12 COMPLAINTS AND APPEALS
12.1 COMPLAINTS
12.2 APPEALS
13 DUTIES IN RESPECT OF INFORMATION, HEARINGS AND NOTICES
13.1 DUTY TO SUPPLY INFORMATION
13.2 DUTY TO HOLD HEARINGS
13.3 DUTY TO GIVE NOTICE
14 OTHER
14.1 SERVING YOUR PRISON SENTENCE IN YOUR OWN COUNTRY
14.2 POSTPONEMENT OR CANCELLATION OF EARLY RELEASE
14.3CONTACTWITH THE MEDIA
14.4 PAROLE
Appendices
I. Definitions
II. Work Regulations (not yet enclosed)
House Rules(name of prison)
Introduction
These are the house rules of the prison in which you are staying.
In these house rules your rights and duties are laid down and grouped per subject. A number of these subjects do not contain all applicable regulations but only those that are most important for you. Where possible, every subject contains a reference to a source where you can find more regulations on the subject, should you wish to read these.
All regulations that apply to you.canbe found in the library.
If there is anything you do not understand, you can ask the staff for advice.
1 Generalconditions
The governor has the right to give you orders where this appears desirable for the maintenance of good order or to ensure the safety within the prison, or in order not to disrupt the pursuance of your sentence. It is your duty to obey these orders.
The governor usuallyauthoriseshis officers and staff to exercise the powers laid down by the law and to perform his duties in respect of the care of prisoners.
Smoking is prohibited in areas where a 'no smoking' sign is displayed.
If you are released, you will receive a releaselicencesigned by the governor.
Your rights, as outlined in these house rules may be restricted if the examining magistrate, the public prosecutor or the deputy public prosecutor by whom you were sentenced, considers this to be in the interest of criminal investigation.
Further Regulations
Penitentiairebeginselenwet; art.5
InvoeringswetWetboekvanStrafvordering; art.222 and art.225
2. The prison where you are staying
2.1 Your wing
The prison in which you are staying consists of various wings. Every wing has its own routine for care and activityprogrammes(see chapter 3) and for the regulations that apply to the prisoners staying in the wing.
2.2 Your cell
Your cell is equipped with standard fixtures and fittings. On your arrival these are checked by yourself, accompanied by a P.I.W. officer. This officer will replace any missing items. You will then both sign the inventory list. You must pay for any subsequent damage to the fixtures and fittings or missing items.
In your cell you will be able to listen to prison radioprogrammes. You may choose your ownprogrammesand adjust the volume. Your cell is equipped with an intercom which you can use to contact the staff. You can also use the intercom to alert the staff in an emergency.
The notice board and the poster strip are the only places where you may hang photographs, cards etc., using adhesive tape or drawing pins. You are allowed to keep audio-visual equipment. There are, however, a few conditions attached. The regulation 'articles permitted in cell' contains a list of articles you may keep in your cell. This regulation is included as an appendix.
You will keep your cell and its content in good condition, clean and tidy. You will clean your cell once a week and you will be told of the times set aside for this. You are not allowed to cover or obscure the view through the inspection window or cover your lights in any way.
You will ensure that your cell is accessible and can be checked at all times. The staff decides whether this is the case. The standard content of the cell may not be extended with home-made constructions, boxes etc.
2.3 Daily routine
Every wing has its own dayprogrammewhich can be found on the notice board. This notice also shows the days and times set aside for activities and the times you will spend in your cell.
Further regulations(If applicable)
Penitentiairebeginselenwet; art.12
Penitentiairebeginselenwet; art.20, art.21 and art.22
2.4 Use of pass
On arrival, you will be issued withaidentification card. You must carry this pass with you at all times and be able to show it on request.
If you damage or lose your pass, it will be replaced at your expense.
Further regulations
Penitentiairebeginselenwet; art.28
3Programme
3.1 Exercise
Every day you will be given the opportunity to spend at least one full hour in the open air. You keep this entitlement even if your have been placed in solitary confinement or when you are confined as part of a disciplinary procedure.
You may leave the exercise area on two conditions only, i.e. when you have spent your first half hour in the open air, or when a privileged visitor has come to see you.
Further regulations
Penitentiairebeginselenwet; art.24 par. 2, art.49 par. 1 and 3 and art.55 par. 1
3.2 Work
You are entitled to take part in a workprogramme, unless this in contravention of the nature of your sentence or inadvisable from a medical point of view.
If you have been given a determinate, custodial sentence, participation in the workprogrammeis compulsory.
If you do not have to work, but wish to take part in the workprogramme, you may indicate this by filling in a request slip. The exact details of the workprogrammecan be found in the Work Regulations.
Your working times are shown on the dayprogrammefor your wing and you will work fewer hours than you would usually work outside the prison.
You do not have to work on the public holidays listed in theAlgemeneTermijnenwet(general conditions act), or on Sundays. If your religion dictates that you should not work on any other days than the aforementioned, the governor will decide whether or not you will have to work on a certain day. In such cases you will not receive any wages for the hours allocated for work in your daily routine.
Should you be unable to work through illness, your wages are adjusted accordingly.
If there is no work availablefor a short or longer periods, you will remain in your cell during your normal working hours. In such cases your wages will be adjusted accordingly. The governor is not obliged toorganisereplacement activities.
Work may never be interrupted by other activities. Exceptions to this rule are visits from the Central Board its members and visits from the Supervisory Committee or its members. You may also receive visits of your solicitor, but only on certain conditions (see 3.8.2 Privileged visits ). On the day that you are transferred to a different prison, you will not be allowed to work.
Further regulations
Penitentiairebeginselenwet; art.47
AlgemeneTermijnenwet; art.3
Ministerial regulation;Loonregeling
Arbeidsreglement,ziebijlageII
3.3 Physical exercise and sport
You are entitled to take part in physical exercise and sport for at least two full 45 minute periods a week, providing this has no adverse effect on your health. The times are shown on the dayprogrammeof your wing.
In order to be able to take part in sporting activities, you must undergo a medical check-up carried out by the prison doctor.
You must wear suitable sportswear and approved sports shoes. If you do not possess such sportswear, you may borrow it from the sports teacher.
Sports shoes provided by the government may only be worn during the sporting activities which are part of the dayprogramme.
Further regulations
Penitentiairebeginselenwet; art.48 par. 2
3.4 Education andsocioculturaltraining (including Social Integration projects)
You are entitled to education and participation in other educational activities, providing these fit in with the nature and length of your sentence, and suit your personality. You will need to fill in a request slip.
Some form of government grant and study leave may be arranged on certain conditions, Educational activities do not usually take place during working hours.
Further regulations
Penitentiairebeginselenwet; art.48 lid 1 and 4
Ministeriëleregeling;Kostenonderwijs
3.5 Leisure
You are entitled to take part in leisure activities for at least six full hours a week, providing this has no adverse effect on your health. Your leisure time consists of at least two periods of a minimum of two hours.
The dayprogrammeof your wing shows the times when you are entitled to take part in leisure activities.
You may not spend your allocated time in the cell of a fellow prisoner.
Further regulations
Penitentiairebeginselenwet; art.49 par. 1 and 2
3.6 Library
You have the right to use the library every week
On request, you can have access tot the 'PenitentiaireBeginselenwet', the 'MemorievanToelichtingop dePenitentiaireBeginselenwet', the 'PenitentiaireMaatregel', theNotavanToelichtingop dePenitentiaireMaatregel', the 'MinisterieleRegelingen' (Penal Principles Act, the Explanatory Memorandum with the Penal Principles Act, thePenetentiaryOrder, the Explanatory Notes with thePenetentiaryOrder) the ministerial regulations and the circulars referred to by the Minister.
IfYouhave been placed in solitary confinement. You can obtain books by filling in a list.
Further regulations
Penitentiairebeginselenwet; art.48 par. 1
3.7 Shop
Once a week you will be given the opportunity to visit the prison shop to buy food, sweets, telephone cards, tobacco and other articles, up to a maximum value of fl. 200.00 of which fl. 50 may be spent on telephone phone cards. If you wish to make international telephone calls, the governor may allow you to spend more than fl. 50 on telephone cards, providing there are sufficient funds in your current account.
Subject to permission of the governor, you may order articles which are not stocked by the prison shop, from the outside canteen.
Further regulations
Penitentiairebeginselenwet; art.44par. 5
3.8 Visits
3.8.1 Personal Visits
You are entitled to at least one hour long visit per week. This visit requires the permission of the prison governor and must be applied for in writing. Your permission is always required too. The relevant forms can be obtained from your wing or the visiting office. The number of persons on your visitors list is restricted.
Your visitors should always be able to produce a valid proof of identity.
When the first application is received, the visiting office can issue an access pass for your visitor. This access pass remains valid for the duration of your stay in this prison.
If your visitor has lost his/her access pass, he/she can apply for a new copy at thevisitorsreception.
Visits are supervised and take place in a visiting hall, outside working hours. The visiting office will take this into account when making the appointments.
At the governor's discretion, the supervision may involve listening in on, or recording of the conversation between you and your visitor. The governor may also decide that the visit should take place in a room where you are separated from your visitor by a glass screen. The persons involved will be informed of the type of, and the reason for the supervision, prior to the visit.
Per visit, you may be visited by a maximum of three adults and two children up to the age of 13.
You may only take a handkerchief and a comb with you when you receive a visit. No other articles are permitted.
You are not allowed to accept or use any articles brought by your visitors. If the supervisory staff notices any such incident, they have the authority to end your visit. The incident will be reported and you will be accompanied back to the prison.
Your clothes and body may be searched after the visit.
Visits between prisoners from different prisons may only take place if both prisons express their agreement (further details in chapter 4.3.3.2)
In prisons which have the appropriate facilities, you may receive just one unsupervised visit per month, subject to the following conditions:
a. the governor feels that the visit will contribute towards maintaining or reinforcing the ties between you and the prospective visitor and is important for your reintegration into society;
b. the governor is convinced that you have a close and durable relationship with the visitor.
Both you and the prospective visitor should apply to the governor for an unsupervised visit. The governor decides whether the unsupervised visit is allowed and on the duration of the unsupervised visit. The visit will take place in a room or other suitable area, equipped for the purpose. The unsupervised visit replaces the usual visit you would have received during the week in which it takes place.
The governor can refuse to admit a certain person or certain persons, if this is deemed necessary for one of the following reasons:
a. to maintain good order or ensure safety within the prison;
b. to prevent or investigate criminal offences;
c. to protect victims of crime or persons otherwise involved in crime.
This ban is held for a maximum period of three months. When this period has expired, the governor can refuse admission again (and again) should this be necessary. You will receive a written notification which will include the reason for the ban or any extensions thereof.
Further regulations
Penitentiairebeginselenwet: art.38, art.58
Ministeril!.leregeling:Tijdelijkverlatenvan deinrichting;incidenteelverlof
3.8.2 Privileged Visitors
Certain.persons and authorities, the so-called 'privileged contacts', within the meaning of article 37 of thePenitentiaireBeginselenwet(penitentiary principles act) is entitled to visit you and have unlimited contact with you.
TheCentraleRaadvoorStrafrechtstoepassing(central board for the administration of criminal justice), or members thereof, theCommissievanToezicht(supervisory committee), or members thereof have access to you at all times. Other privileged contacts may visit you at the times and places given below.
Solicitors and probation officers may visit you outside working hours. These visits take place in a visiting room in the visiting department of the prison where you are staying.
As directed by the prison and on condition this is announced, during office hours, one day in advance, you may receive a visit of your solicitor. If you wish to receive a visit of your solicitor during a part of the day or period when you are scheduled for work, the visit cannot be arranged, unless it concerns an urgent matter and/or the governor decides that you do not have to work during that part of the day or period.
Applications for privileged visits are normally processed by the Social Services Office.
Privileged visits are not normally supervised, unless the governor decides otherwise. You will be informed of any such decision prior to the visit. The supervision imposed may not lead to confidential information, exchanged between you and your privileged visitor, becoming known to third parties.
Further regulations
Penitentiairebeginselenwet; art.38 par. 7
3.8.3 Consular visits
If you are a foreign national, you are entitled to help from your consulate. You may ask the governor to inform a representative from your country's consulate of your detention. The governor has the duty tohonouryour request.
If you are a foreign national, a representative of the consulate is entitled to visit you.unlessyou indicate that you do not want this. The representative of the consulate must write to the governor to apply for a visit. This visit does not replace your personal visit.
Further regulations
VerdragvanWenenvan24april1963; art. 36
3.9 Use of telephone
3.9.1 Telephone calls to personal relatives
On the day you start your detention, or on the following day ifyour arrivetoo late to make a call, you are entitled to inform (or let the prison inform) a named person of your detention.
At least once a week, you are entitled to use the telephone, for ten minutes, to speak with persons outside the prison, but not with fellow prisoners, with the exception of an established partner or first/second line relatives, providing these are not detained in an EBI (high security unit)
Telephone calls are made in your wing, during your leisure time.
The costs of telephone calls are for your own account, unless the governor decides otherwise.
You may approach the staff on duty with a request for a call to a personal relative.
If the governor considers this necessary, your telephone calls may be monitored. You will be notified of the reason and type of monitoring, prior to the call.
Further regulations
Penitentiairebeginselenwet; art.39, art.58
3.9.2 Telephone calls to privileged contacts
If necessary and convenient, you may have telephone contact with your 'privileged contacts' such as your solicitor or probation officer. You will have to give acceptable reasons for making such calls.
The costs of these telephone calls are for your own account, unless the governor decides otherwise.
Apart from establishing the identity of the person you are speaking to, or wish to speak to, these calls will not be monitored.
You may approach the staff on duty with a request to speak with a privileged contact.
Further regulations
Penitentiairebeginselenwet; art.39 par. 4
4 Care
4.1 Mental/Spiritual Care
You have the right and are free topractiseyour religious beliefs and convictions. You will be given the opportunity to maintain personal contact with a representative of the religion or conviction of your choice, who is affiliated to the prison. You will also be given the opportunity to attend religious ceremonies held in the prison (e.g. church and prayer services) or ideological/theological meetings (such as contemplation sessions) on condition that these have no adverse effect on your health.
You may request contact with a pastoralcarerof your choice and he/she may also contact you, should you require pastoral care. You can request a meeting with a pastoralcarerof your choice by submitting a request slip. At your request and after consultation with one of the prison chaplains, the governor may allow you to be visited by a pastoralcarerof your own religious belief or conviction, from outside the prison.
The following chaplains are available in the prison: representatives of the Protestant and Roman Catholic faiths plus a general chaplain.
Contact with pastoralcarersconsists of personal discussions, religious services and discussion groups which always take place outside working hours. In as far as possible, the religious or ideological gatherings will be held on the normal public holidays, as listed in theAlgemeneTermijnenwet(general terms act), or similar and Sundays.
Even if you do not belong to any religious order or you belong to another order which does not observe these religious days/holidays, the general public holidays listed in the
AlgemeneTermijnenwetand Sundays are taken as days of rest.
Any correspondence between yourself and the prisonchaplain,is not subjected to censorship. In principle, the prison chaplains act in strictest confidence.
Further regulations
Penitentiairebeginselenwet; art.41
AigemeneTermijnenwet; art.3
Penitentiairemaatregel; art.24 to art.27incl
4.2 Medical Care
The following professionals are available within the prison: a doctor, a dentist and a psychiatrist.
On your arrival in the prison, you will be subjected to a medical examination. The object of this examination is to establish whether you can be integrated in the prison community and whether you are fit to work and take part in sports.
Visits to a doctor or dentist can be applied for via a request slip. You will be visited or called up as soon as possible.
You are entitled to consult a doctor or specialist who is not affiliated to the prison. The costs of such consultations are for your own account
In consultation with the doctor concerned, the governor will decide on a time and a place for the visit
If the prison doctor prescribes any medication and special diets, these will be provided in your wing by a nurse or duty officer.
If you are ill, you must report this to the duty officer in your wing, before the start of the dayprogramme. If you are reported sick, you are excluded from the dayprogrammefor the rest of the day.
The medical service will visit you or call you up as soon as possible, in order to establish whether you are unfit for work.
Further regulations
Penitentiairebeginselenwet; art.42
Penitentiairemaatregel; art.21t/mart.23 and art.28t/mart.34
4.3 Social care and help available in the prison
4.3.1 Probation Service
There are a number of probation officers and representatives of theConsultatiebureauvoorAlcohol en Drugs (C.AD.alcohol and drugs clinic) available within the prison.These can help you find solutions for certain personal problems. You can apply for a meeting with one of these officers by sending in a request slip.
Further regulations
Penitentiairebeginselenwet; art.43
4.3.2 Psychologist
There is a psychologist available within the prison. You can apply for a consultation by sending in a request slip.
Further regulations
Penitentiairebeginselenwet; art.43
4.3.3 Social Services Office
The BureauSocialeDienstverlening(B.S.D. = social services office) deals with matters relating to the progress and stages of your detention and any freedom related privileges that may apply to you.
If you apply in writing, the B.S.D. will deal with your appeals to the higher and supreme courts.
Further regulations
Penitentiairebeginselenwet; art.43
4.3.3.1 Selection and transfer
The selection officer has allocated you to this prison. You may appeal against the placement to the selection officer by stating your objections in writing. You also have the right to send a request for transfer to a different prison or wing to the selection officer (see chapter 11 ).
If you were given a determinate sentence and the remainder of your sentence is more than three months, the B.S.D. will start the selection procedure for placement in a prison or for participation in a prisonprogramme, providing you are entitled to this and prepared to take part.
You will be informed of the content of the selection report, which will include your own views and wishes. After the approval by the relevant selection co-ordinatorand, if necessary, after having discussed it with yourself, the selection report and advice resulting from the report are sent to the selection officer.
The selection officer may decide to put you on the waiting list for a certain prison, or send the advice tot theSelectieAdviesCommissie(selection advice committee) for a decision. In both cases you will be informed of the outcome as soon as possible.
When you are transferred, you may only take hand luggage. Your other personal effects will be transported by the Ministry of Justice and delivered as soon as possible.
Further regulations
Penitentiairebeginselenwet; art.4, art.15 and 16
Penitentiairemaatregel; art.5 to art.10 incl.
Ministerieleregeling;Plaatsing&overplaatsing
4.3.3.2 Temporary release from prison
If you are serving a determinate sentence, you may qualify for temporary release from prison, either accompanied or unaccompanied. Some regulations apply. You should send your request to the governor or to the Ministry of Justice, via the governor. Your request will usually be processed by the B.S.D., which will collect the necessary information and decide whether your request can or may be decided on by the governor, or whether it has to be passed on to the Ministry of Justice. If you are a foreign national, the B.S.D. will check whether you are in possession of a valid residence permit. B.S.D. will also check whether there are any unpaid fines or outstanding punishable offences which could lead to a further sentence and affect the date of your release.
Incidental leave
You may be granted incidental leave for an event in your personal life which necessitates temporary release from prison.
Incidental leave may be granted irrespective of question whether you are serving a determinate custodial sentence or not.
Incidental leave usually starts and ends on the same day.
For more information you are referred to the ministerial regulation 'Temporary release from prison'.
Interruption of sentence:
In very special cases and on condition that you are able to produce convincing evidence of a personal event which is of such major importance that it cannot be covered by incidental leave, you may qualify for a break from your sentence. This break can only be granted if you are serving a determinate sentence.
The time allocated for the break from your sentence is limited to the time considered necessary for dealing with the major personal event in question. In these circumstances, the remainder of your sentence may be postponed from a minimum of ninety six hours up to a maximum of three months.
For further information you are referred to the ministerial regulation 'Temporary release from prison'.
General leave arrangements for prisoners:
If you are staying in a secure unit and are serving a determinate sentence, you may qualify for leave under these arrangements, providing you meet a number of criteria.
Your leave, includingtravellingtime, shall not exceed 60 hours. This does not affect the length of your sentence.
For further information you are referred to the ministerial regulation 'Temporary release from prison'.
Statutory leave:
If you are staying in a half open or open prison, you will be allowed to leave the prison at set times, unless there are reasons against this.
This type of leave consists of a whole weekend. The frequency is set at once a month for half open prisons and every weekend for open prisons.
This type of leave does not affect the length of your sentence.
For further information you are referred to the ministerial regulation 'Temporary release from prison'.
Objections and appeals against a decision concerning leave or interruption of sentence:
If you do not agree with a decision taken by the governor, you can complain to the complaints committee (see chapter12.1 ). If your request is turned down by the Minister of Justice, you can appeal to the Central Board for the Administration of Criminal Justice (see chapter 12.2).
Further regulations
Penitentiairebeginselenwet; art.26
WetboekvanStrafvordering; art.570b
Ministeriëleregeling;Tijdelijkverlatenvan deinrichting
4.3.3.3 Access to penitential records
Penitential records are kept of all prisoners. The prison's B.S.D. looks after these penitential records.
Your penitential record includes: all selection advice given in the past.registrationcards.transferproposals.disciplinarymeasures.applicationsfor leave and leave related advice.
You have the right to access your penitential record, as long as this does not conflict with the maintenance of good order and safety within the prison, the interests of others, or the investigation in, and prosecution of punishable offences.
Copies of (parts of) penitential records are not normally made.
Further regulations
Penitentiairebeginselenwet; art.59
Penitentiairemaatregel; art.35 to art.40 incl.
4.3.4 Social and Cultural Work
TheSociaalCultureelWerk(socio-cultural work) department looks after and is responsible for the activities which make up the dayprogramme, such as leisure, sport, education, socio-cultural activities and library visits.
These activities do not normally coincide with your working hours.
If you have any questions about the above activities, you may send a request note to the Social Cultural Worker.
Further regulations
Penitentiairebeginselenwet; art.48
4.3.4.1 Leisure Fund
At the request of the prisoners a leisure fund may be set up, which is funded solely by the voluntary contributions of the prisoners.
You can join the leisure fund by signing a form whereby you accept the conditions andauthorisethe prison to deduct regular contributions from your current account.
All prisoners contribute the same amount which is set by the prisoners' committee (see Chapter 5). The maximum contribution, however, is fl. 1,50 per week.
All prisoners in the prison benefit from the leisure fund, whether they are members or not.
The governor is in charge of the leisure fund.
The prisoners' committee and the governor decide how the money is spent.
The money may not be used for the purchase of permanent assets.
4.4 Personal Care
Food
Food is supplied from a set menu which is displayed on the notice-board in your wing. You will be given standard quantities of sandwich fillings.
When you arrive at the prison you will be given a choice between rice and potatoes. This choice does not apply if there is only rice or casserole on the menu.
If your religion requires you to adhere to a special diet, this will be taken into account in as far as allowed by the applicable regulations.
The doctor may prescribe a special diet for medical reasons.
Clothing and footwear
You are allowed to wear your own clothing and footwear, unless these could pose a danger for the maintenance of good order and safety within the prison, or do not meet certain reasonable standards.
If you do not possess clothes of a reasonable standard, these will be provided by the State.
You are not allowed to have your clothes laundered outside the prison. Your clothes are laundered inside the prison at your own risk. You are responsible for payment of your own laundry costs, unless the governor decides otherwise.
You may bring clothing and footwear into the prison but you must not exceed the maximum quantities allowed in your cell.
You may not bring any linen. You will be given a linen parcel on your arrival.
Showering
You must shower at least twice a week.
You must also shower after sporting activities.
Hairdresser/barber
Every six weeks, you may have your hair cut at the State's expense.
Apply by filling in a request slip.
Toiletries
If you wish, you can obtain the following toiletries from the prison: shampoo, soap, toothpaste, comb, toilet paper and shaving equipment.
Other articles can be bought from the prison shop.
Further regulations
Penitentiairebeginselenwet; art.44
4.5 Material Care
4.5.1 Articles inside the prison
4.5.1.1 Prohibited articles
Your personal effects should not include the following items:
a. articles of the same type as the articles, supplied by the State which are part of the contents of your cell or the communal living and working areas used by you and your fellow prisoners;
b. torches, candles, oil lamps, vibrators, sex dolls, film and video equipment, binoculars, telescopes, photo equipment, transmission and communication equipment;
c. animals, with the exception of a simple fish tank, no larger than 40cm x 25cm x 30cm, with one or two freshwater fish and a small bird-cage, no larger than 35 x 35 x 50 cm, with one or two small birds (10 cm max.), subject to approval by the prison hospital. ;
d. articles of a discriminating, provocative or military nature.
4.5.1.2 Permitted articles
Your personal effects may include the following items:
Clothing and footwear
seven T -shirts or vests, seven pairs of underpants (if applicable:seven bras},seven pairs of socks, four long(governor's discretion: trousers or skirts for women},two short(governor's discretion: trousers or skirts for women},five shirts or blouses, two jumpers, one jogging suit or track suit, two sets of sports clothing, one casual or formal jacket, one overcoat, two sets of night clothes, five pairs of shoes (including trainers and slippers}, one belt, one hat, one scarf and a pair of gloves or mittens.
Personal effects
anon-reflecting pair of glasses or sunglasses, contact lenses, some simple items ofjewellery, including a simple watch (without transceiver facilities);
anon-electronic pocket diary and a non-electronic address book; writing materials;
a maximum of 15 photographs but notPolaroids, cards or posters, whereby the combined size of the photographs should not exceed the size of the photo or memo board;
alarmclock;
aprayer mat, no larger than 100 cm x 50 cm;
upto fl. 100,- in phone cards, including used cards;
amaximum of 10 stamps, the total value of which may not exceed fl. 10,-;
upto 15 books and up to 15 magazines;
anelectric razor or beard trimmer;
a sealed computer games console with up to ten computer games, a compact disc or cassette player or a combination hereof, with integral speakers, no larger than 50 cm x 40 cm x 70 cm, including the speakers and of which the recording facility has been disabled;
apersonal stereo or personal CD player plus matching charger
upto 10 compact discs and up to 10 transparent audiocassettes;
pocket size games;
a simple fish tank, no larger than 40 cm x 25 cm X 30 cm, with one or two freshwater fish and a small bird cage, no larger than 35 cm x 35 cm x 50 cm, with one or two small birds ( 10 cm max. );
(onlyif the prison does not provide these facilities for use by the prisoners)
waterheating equipment;
(onlyif the prison allows the use of a television set in the cell) a television set with a 44cm max.screen.
Exceptions:
1. The governor has the right to decide which articles (if any) you may not or no longer have in your possession should this become in the interest of the maintenance of good order or to ensure the safety inside the prison, or should the governor's responsibility for these articles become restricted
2. If prisoners share accommodation within the prison, or if the presence of the aforementioned, permitted animals threatens to become a health hazard for the staff, the governor may decide that you are no longer allowed to keep fish or birds.
If you wish to keep other articles than the above in your personal effects, you may apply to the governor for permission. The governor may grant you permission to keep these articles in your cell or to carry these with you.providingthese do not affect the maintenance of good order and safety inside the prison and the governor's normal responsibilities for personal effects.
If the governor grants you permission to keep certain other articles in your personal belongings, you mustrealisethat this is afavourand not a (acquired) right. This also means that, if you are transferred to a different wing or prison, you cannot just take these articles with you. You will need to re-apply to the governor of the wing or prison where you are moved to.
The governor can set conditions for the use of, or limit his responsibility in respect of articles in your possession,
Neither the governor, nor the State can ever accept responsibility for the picture or sound quality of your equipment.
Import and export of goods
Goods may be imported via the visiting department at your request and subject to the approval from the governor. You may import clothing and footwear, on condition that you do not exceed the maximum quantities permitted in your cell. When you import permitted electrical appliances, you must be aware of the fact that these will checked and sealed at your expense.
In the course of your detention, you are not allowed to export goods, unless your release or transfer date is imminent. Sending out clothing is only possible during the months of May and October. Sending out art and craft work is allowed with the agreement of the governor.
On arrival you need to sign a form stating that you accept full responsibility for the articles in your possession. The prison governor cannot accept responsibility for these articles.
Further regulations
Penitentiairebeginselenwet; art.45
Penitentiairemaatregel; art.49
4.5.2 Money
Money matters
You are not allowed to keep cash. Any money you have with you on arrival will be deposited into a current account. Every week you will receive a computer statement which will enable you to check the transactions.
a. Money in current account
All financial transactions are processed via the current account.
You are allowed to deposit just one amount of cash, via the visiting administration. You will receive a receipt for this deposit.
From then onwards you can only transfer money via a bank orgirobank. The money should be transferred togironumber………….in the name of:
Prison
Street
Postcode and Town/City
The registration number and name of the beneficiary should be stated on the deposit slip. Failure to include the registration number leads to delays in the money being credited to the current account.
You need to allow a week from the moment the money arrives in thegiroaccount of the prison. Processing a transfer from a bank account to agiroaccount takes longer.
Cash settlements of (parts of) unpaid fines which are the reason for your confinement, are always allowed and these may be deposited at the visitors reception during office hours.
b. Transfer charges:
If you use agirotransfer card to transfer money, the transfer charges will be charged to your account.
c. International postal orders:
If the financial department must exchange an international postal order or bankers draft for you.yoursignature is required. It takes about three weeks to process these.
d. Internal money transfers
Prisoners are not allowed to transfer money to other prisoners.
Dutch currency
If a letter addressed to you contains money, you will be informed. The financial administration will deposit the money into your current account. This may take a few days.
Foreign currency
If a letter addressed to you contains foreign currency, you will be informed.
You may ask for the foreign currency to be exchanged and deposited into your current account. For this transaction, which will take some time, you will receive a detailed receipt from the financial administration.
You may also request that the foreign currency is kept in your 'valuables bag'.
If the foreign currency is not accepted by the bank, you will be informed. The currency will then be kept in your valuables bag.
Any financial transaction may be subject to further investigation.
Further regulations
Penitentiairebeginselenwet; art.46
4.5.3 Postal matters and correspondence
Subject to the following restrictions, you have the right to receive and send post. If you are short of money and unable to raise money through work, the State will supply, on request, the postage for at least one letter per week.
The governor has the right to open any envelopes or parcels you send or receive and check any enclosed articles. The governor may do this in your absence, unless the envelopes or other postal items originate from a so-called privileged contact such as your solicitor, the supervisory committee or the complaints committee. In such cases, the governor will always carry out the examination in your presence.
The governor also has the right to examine the contents of letters or other postal items sent or received by you, unless these letters or other items are sent or received by you to or from a privileged contact such as your solicitor. As part of this examination, the governor may decide to copy letters or other postal items. You will be notified in advance of the examination method to be used for your correspondence.
An officer appointed by the governor will be in charge of this censorship/supervision.
The governor has the right to refuse you permission to send or receive certain letters or other postal items, if this is necessary for the maintenance of good order or to ensure safety inside the prison, or for the prevention or investigation of criminal offences, or the protection of crime victims or other parties involved in crimes. This condition does not apply to letters or other postal items and enclosures sent by or received from privileged contacts.
If your correspondence is addressed to a privileged contact, this must be stated clearly on the envelope of the postal item.
Every letter or other postal item must be presented for posting in an open envelope. This does not apply for letters or postal items addressed to privileged contacts.
You must state your name on every letter or other postal item presented for posting. You must ensure that the item is stamped correctly.
You are not allowed to receive deliveries from mail order companies or publishers (other than newspaper or magazine subscriptions). Should you ignore this rule, the item will be returned at your expense.
Further regulations
Penitentiairebeginselenwet; art.36, art.37, art.58
Ministeri~leregeling;Geprivilegieerdepostgedetineerden
4.5.4 Books, newspapers and magazines
Only magazines and newspapers sent directly by the publisher will be accepted.
Magazines and newspapers sent by relatives or friends are refused and stored in the visitors department, unless you have been given permission to receive these via an import request. You will only receive permission to import magazines and newspapers if these cannot be provided by the shop.
You will be informed of any magazines and newspapers which have been received and stored.
Further regulations
Penitentiairebeginselenwet; art.48
5 Prisoners' Committee
Gedeco
The prison has a prisoners committee which is elected from and by the prisoners. The governor ensures that regular meetings are held with the committee on detention related matters.
Further regulations
Penitentiairebeginselenwet; art.74
6Controland use of force
6.1 Identification
On your arrival in the prison, theresidentsadministration will take a photograph and fingerprints. They will also produce an identification card for you. You may be asked to identify yourself by producing this pass, when you are not in your own wing.
Further regulations
Penitentiairebeginselenwet; art.28
6.2 Cell searches
Your cell may be checked daily with special attention for safety, smuggled items, hygiene and the condition of the cell contents.
If you have damaged any goods supplied by the State through improper use, a damage report will be drawn up. The damage will be repaired at your expense.
You are responsible for the entire content of your cell at all times.
Further regulations
Penitentiairebeginselenwet; art.34
6.3 Urine checks
If the governor suspects the use of drugs or alcohol, or before a decision is made about placement or transfer or the granting of leave, the governor can order the prisoner to have his/her urine tested for the presence of substances which affectbehaviour. Sanctions may be imposed for positive results or refusal to co-operate.
Further regulations
Penitentiairebeginselenwet; art.30
Ministerieleregeling;Urinecontrole
6.4 Clothing or body search
On arrival or when leaving the prison and before and after visiting hours, your clothes and body may be searched by an officer appointed by the governor.The governor may also order an officer to conduct these searches if he considers this necessary for the maintenance of good order and safety within the prison.
A body search includes external viewing of the orifices and crevices of your body
A clothing search includes checking the articles you carry on or with you.
A body search is always carried out in a closed room. Wherever possible, the search will be carried out by a person of your own gender.
Further regulations
Penitentiairebeginselenwet; art.29
6.5 Internal body search
The governor may decide that you must be subjected to an internal body search, should this be necessary to prevent endangering the maintenance of good order or safety within the prison, or to protect your own health. An internal body search is usually carried out by a doctor but he may also instruct a nurse to carry out the search.
In urgent cases, an officer or employee of your prison isauthorisedto take the above decision.
Further regulations
Penitentiairebeginselenwet; art.31, art.57 en art.58
6.6 Compulsory medical treatment
The governor can order you to undergo certain forms of medical treatment, if a doctor considers such treatment necessary to prevent serious dangers to the health and safety of yourself and others. The treatment is carried out by a doctor or, at his instruction, by a nurse.
Compulsory medical treatment is reported immediately to the Minister and the Supervisory Committee. If the medical treatment is carried out to prevent dangers which could be the result ofdeteriorat\on of your mental capacities, this is also reported immediately to the official regional health inspector.
Further regulations
Penitentiairebeginselenwet; art.32, art.57 en art.58
Penitentiairemaatregel; art.21 tot en met art. 23
6.7 Mechanical aids
If, at some stage of your detention, it appears necessary to prevent that you pose a serious danger for your own health or the safety of others, the director may decide that your freedom of movement needs to be restricted by attaching mechanical aids to your body for a maximum period of 24 hours.
The governor will inform the prison doctor or his locum and the Supervisory Committee of the restraint order without delay.
The governor may extend the mechanical restraint order with 24 hour periods. The decision to restrain you is taken after consulting the prison doctor or his locum.
Further regulations
Penitentiairebeginselenwet; art.33, art.57 en art.58
Ministeriëleregeling;Mechanischemiddelen
6.8 Use of force and freedom restraints
The governor has the right to use force against you or use freedom restraints if this is necessary for the following reasons:
to maintain order or ensure safety within the prison;in response to a decision taken by the governor;to prevent that you withdraw from the supervision imposed by your sentence;
Apart from the governor, the selection officer or an officer or employeeauthorisedby him is also entitled to use force against you or to use freedom restraints in the following cases: a. in response to a decision taken by him;
b. to prevent that you withdraw from the supervision imposed by your sentence:
If at all possible, force will not be used without a prior warning. An officer/employee who has had to use force will immediately report this in writing to the governor or the selection officer.
Further regulations
Penitentiairebeginselenwet; art.35
Ministerieleregeling;Gebruikvangeweldenvrijheidsbeperkendemiddelen
7 Maintenance of good order
7.1 General
The governor has the right to give you orders, should this be in the interest of: a. the maintenance of good order and to ensure the safety within the prison; b. the uninterrupted pursuance of your custodial sentence.
The governor can take various steps for maintaining order. There are express provisions in the law for the two most common steps for the maintenance of good order: exclusion from activities and solitary confinement. There are, however, more options available to the governor.
Steps taken to ensure the maintenance of good order may never last longer than strictlynecessary .
When one of the above measures is applied, this does not necessarily mean that you have been found guilty of actions which endanger the maintenance of good order or the safety within the prison, or interfere with the pursuance of your custodial sentence.
You must obey all orders without delay.
Further regulations
Penitentiairebeginselenwet; art.5 par. 2, 3 and 4
7.2 Exclusion from one or several activities
The governor can exclude you from one or several activities:
a. if this is in the interest of the order and safety within the prison or necessary to ensure the pursuance of your custodial sentence:
b. if this is necessary for your own protection;
c. in cases of illness, of yourself or others
d. at your own request, on condition that the governor feels your request is reasonable and feasible.
Exclusion from one or several activities for the reasons stated undera orb, may last no longer than two weeks. If he feels that the grounds for exclusion still apply, the governor may extend the exclusion with periods of two weeks at the time.
If exclusion for the reasons stated undera orb needs to take immediate effect, you can be excluded from one or several activities by an officer or employee, for a maximum period of fifteen hours.
Further regulations
Penitentiairebeginselenwet; art.5, art.23, art.57 and art.58
7.3 Solitary confinement
The governor has the right to place you in solitary confinement:
for the maintenance of good order and to ensure the safety within the prison or to ensure the pursuance of your custodial sentence;if this is necessary for your own protection;in cases of illness, of yourself or others;atyour own request, on condition that the governor feels your request is reasonable and feasible.
Solitary confinement involves the transfer to a solitary confinement cell or another room. When in solitary confinement, you do not take part in any activities other than your daily exercise, unless the governor decides otherwise. While you are in solitary confinement, the governor has the right to restrict your contact with the outside world or exclude this altogether.
Solitary confinement on the grounds ofa orb, may last no longer than two weeks.
If he feels the grounds for solitary confinement still apply, the governor can extend the solitary confinement on the grounds of a or b, with periods of two weeks at a time.
If solitary confinement for the reasons stated undera orb needs to take immediate effect, you can be placed in solitary confinement by an officer or employee, for a maximum period of fifteen hours.
If the solitary confinement lasts longer than twenty four hours, the governor will ensure that the Supervisory Committee and the prison doctor are informed without delay.
It is possible that you will have to be transferred to a different prison or wing for your solitary confinement.
Further regulations
Penitentiairebeginselenwet; art.5, art.24, art.25, art.57 en art.58
Ministeri~leregeling;Verblijfin eninrichtingvan deafzonderingscefenstrafcef
Ministeri~leregeling; Procedure vanoverplaatsingen vanverlengingvan deafzondering
8 Disciplinary measures/punishment
8.1 General
If you are involved in matters which endanger the maintenance of good order or safety within the prison, or which interfere with the pursuance of your custodial sentence, the governor may decide to apply disciplinary measures.
Unacceptablebehaviouroutside the prison may also result in disciplinary measures.
If an officer or employee finds that you are involved in any of the matters described above, and intends to report these matters in writing to the governor, he will inform you first. When he has received the report, the governor will decide whether or not to take disciplinary measures.
If the governor himself discovers that you are involved in any of the matters described above, no written report is required.
Disciplinary measures can be applied in another prison or wing than the one in which the offence was committed.
The governor keeps records of:
everydisciplinary measure or changes thereof:
whetherall or part of the disciplinary action is to be reviewed.
Further regulation
Penitentiairebeginselenwet; art.50 t/m art.55, art.57 and art.58
8.2 Forms of discipline
The governor may apply the following disciplines:
a. confinement in a discipline cell or other room for a maximum period of two weeks:
b. cancellation of visits for a maximum of four weeks, if the incident was connected with visits of the person(s) in question:
c. exclusion from one or several activities for a maximum of two weeks:
d. refusal, cancellation or restriction of your next leave;
e. a fine, not exceeding double the current weekly wage earned within the prison.
When imposing a fine, the governor also decides which other form of discipline will be applied, should the fine not have been paid within the term set by the governor.
The governor can impose more than one form of discipline, on condition that the disciplines described undera andc, when combined, do not exceed a period of two weeks.
The discipline does not affect the governor's right to come to an arrangement with you over compensation for the damage you have caused. There is no legally set upper limit for this amount of compensation.
You cannot be disciplined if you are not responsible for the incident(s).
Disciplines are enforced with immediate effect. The government decides whether the whole or just part of the discipline is enforced.
Ad.aConfinement in a discipline cell or other room
If it is decided that you are to be disciplined by confinement, you are also excluded from all activities, except for your daily exercise, unless the governor decides otherwise.
For as long as you have to stay confined in the cell, the governor has the right to restrict or prohibit all contact with the outside world.
If you are confined in a discipline cell and your stay exceeds 24 hours, the governor will ensure that the Supervisory Committee and the prison doctor or hislocum areinformed.
Ad.eFines
The weekly wage is the standard wage including the normal performance bonuses, but excluding any bonuses for weekend duties performed for the domestic service.
Further regulations
Penitentiairebeginselenwet; art.50tImart.55, art.57 and art.58
Ministerieleregeling; Procedure vanoverplaatsing
Ministerieleregeling;Verblijfin eninrichtingvan deafzonderingscelenstrafcel
8.3 Suspended discipline
The discipline or part thereof may be suspended. The trial period may be up to three months from the moment the discipline was imposed.
In these cases, the governor will always attach the condition that you refrain from actions which endanger the good order or the safety within the prison, or the uninterrupted pursuance of your sentence. The governor may also set other conditions for yourbehaviour. You will receive a written confirmation of these conditions.
If you break a condition within the trial period, the governor decides whether the imposed discipline will be enforced in full or in part.
The governor can convert all or part of the non-suspended discipline into a suspended discipline.
Further regulations
Penitentiairebeginselenwet; art.53, art.57 and art.58
9.Claimsfor damage
9.1. Claims against the prisoner
9.1.1Damage to government property
If you cause damage to government property, you may be held responsible for the costs.
If the damage was caused with intent or through carelessness, the governor will make arrangements with you for the settlement of these damages. There is no upper limit for the amount payable for damages. With your agreement, the governor can decide to deduct the damages from the balance of your current account. The arrangement made with you for the settlement of the damage moves with you when you are transferred to another prison.
The option to make such an arrangement does not affect the governor's right to report the offence committed by you to the relevant criminal investigation department. If the damage caused by you exceedsfi. 1500,- it will be reported in any case.
In exceptional circumstances the governor can decide to take steps which could lead to postponement or cancellation of early release within the meaning of article 15a of theWetboekvanStrafrecht.
Apart from the above procedures, the governor also has the right to decide to bring civil action against you. This means that he confirms in writing that he holds you responsible for the damage and that he will involve the judge of the district court, should you fail to settle up. The governor can ask the presiding judge for permission to place an attachment order on e.g. your possessions Including any outstanding claims you may have. This ensures that the seized possessions and your own money will become part of the damage settlement.
Further regulations
Penitentiairebeginselenwet; art.51 lid 4
WetboekvanStrafrecht; art.15 a
WetboekvanBurgerlijkeRechtsvordering; art.700
9.1.2. Costs resulting from physical injury
Costs paid by the State, for the treatment of self-inflicted physical injuries, may be passed on to you.
The cost of treatment for physical injuries inflicted by you on third parties may also be passed on to you.
Further regulations
Penitentiairebeginselenwet; art.51 lid 4
9.2 Liability of the Prison
Primarily.youare responsible for the articles you carry on you, with you or which you keep in your cell.
The governor may give you permission to keep articles, providing these are not prohibited articles, in your cell or carry these with you. The governor may grant this permission subject to certain conditions which could relate to the use of or the responsibility for these articles. Unless the damage is the result of intent or carelessness, the liability of the State for these articles will never exceed one thousand guilders per article, including any subsequent damage.
You must be able to provide acceptable evidence of the damage you have suffered and it is your duty to report this to the member of staff on duty without delay.
Further regulations
Penitentiairebeginselenwet; art.45Penitentiairemaatregel; art.49
10 Authorities
10.1Supervisory Committee
Every prison or wing has a Supervisory Committee.
One of the tasks of the Supervisory Committee is to process complaints.
The Supervisory Committee has regular personal contact with the prisoners to hear their wishes and opinions. This is done by one of the members, who acts as official on a monthlyrotabasis.
The committee official on duty holds at least one surgery a month in the prison or wing, or as part of the prisonprogramme, at a time to be announced in advance. To attend, you will need to complete a request slip.
The Supervisory Committee supervises the treatment received by the prisoners and compliance with current prison regulations. If you have problems with or complaints about these matters you may submit these to the Supervisory Committee.
The Supervisory Committee can only advise the governor of the complaints it has received. The final decision lies with the governor. This does not apply to complaints which are processed by the Appeals Committee of the Supervisory Committee.
If you wish to write to the Supervisory Committee, you may address your letter to:
desecretarisvan deCommissievanToezicht
street/ PO Box
postcodetown/city
Further regulations
Penitentiairebeginselenwet; art.7
Penitentiairemaatregel; art.12 t/mart.20
10.2 Complaints Committee
The Complaints Committee consists of three members of the Supervisory Committee plus a secretary.
You may direct any complaints you may have about decisions taken against you by the governor or on his behalf to the Complaints Committee, see chapter 12.
The chairman or a member appointed byhim,may settle the complaint himself if he feels the complaint concerns a simple matter, is obviously unacceptable, obviously unfounded or obviously founded.
If the Complaints Committee feels your complaint is founded, the actions it can take include overturning of the governor's decision or part thereof, instructing the governor to take a new decision or ruling that its verdict replaces the overturned decision.
Further regulations
Penitentiairebeginselenwet; art.7.art.60 -art.68
Penitentiairemaatregel; art.12-art. 20
10.3 Central Board for the Administration of Criminal Justice
Appeals against matters such as verdicts of the Complaints Committee or the professional conduct of the prison doctor, you may send to the Central Board for the Administration of Criminal Justice. See chapter 12.2.
10.4 Legal Aid Office
The Legal Aid Office provides information, legal advice, and help with legal procedures. Once a week the office staff hold a surgery in the prison. If you wish to attend, you need to fill in a request slip.
11.Requestand Appeal Procedures
11.1 Requests
You are entitled to submit a written request, stating your reasons, to the selection officer, for the following:
placement in or transfer to a certain prison or wing;participationin on of the prison'sprogrammes.
ad.a.
You may not submit written requests to the selection officer for anything other than placement in or transfer to another prison or special wing (external differentiation).
Requests must be submitted in writing and addressed to:
Rayonbureau
t.a.v.selectiefunctionarisbij(name of prison)
street/ PO Box
postcodetown/city
Written requests may also be submitted via the governor
The selection officer will give you an opportunity to enlarge on your request in writing or verbally, unless he immediately feels that the request is obviously unacceptable, obviously unfounded or obviously founded.
Within six weeks of receiving your request, the selection officer will notify you of his decision by letter, stating his reasons and using plain language that you will understand.
Should you not agree with his decision, you may appeal against it (see chapter 12.2). The selection officer will point out your options, explain the conditions which need to be observed and show you how to lodge an appeal.
If your request has been turned down, you may submit a new request after six months from the date on which your initial request was turned down.
Further regulations
Penitentiairebeginselenwet; art.18
11.2 Appeals
You are entitled to appeal in writing against a decision (of the selection officer), stating your reasons, if the decision concerns:
a. placement in or transfer to a certain prison or wing:
b. permanent exclusion from one of the prison'sprogrammes.
ad.a.
You may only appeal to the selection officer against his decision concerning a placement in or transfer to another prison or special wing (external differentiation).
You must appeal no later than seven days after you received the decision against which you wish to appeal. If you do not appeal in time, your appeal will not be accepted. This means that the selection officer will not process your appeal. Only if you can give a good reason why you were unable to appeal in time, you will not be held to this condition.
Appeals must be submitted in writing and addressed to:
Rayonbureau
t.a.v.selectiefunctionarisbij(name of prison)
street/ PO Box
postcodetown/city
The selection officer will give you an opportunity to enlarge on your appeal in writing or verbally, unless he immediately feels that the appeal is obviously unacceptable, obviously unfounded or obviously founded.
Within six weeks of receiving your appeal, the selection officer will notify you of his decision by letter, stating his reasons and using plain language that you will understand.
Should you not agree with his decision, you may appeal against it (see chapter 12.2). The selection officer will point out your options, explain the conditions which need to be observed and show you how to lodge an appeal.
If, before the decision was taken, you were given the opportunity to state your objections against the selection officer's decision, you may appeal immediately against the selection officer's decision.Inthis case you do not need to appeal officially via the selection officer (see chapter 12.2).
Further regulations
Penitentiairebeginselenwet; art.17
12 Complaints and Appeals
12.1Complaints
If you do not agree with a decision taken by the governor or one of his representatives, you can submit a complaint to the Complaints Committee, If your complaint concerns anything other than a decision taken by the governor or one of his representative, you can take your complaint to the duty officer of the Supervisory Committee at the monthly surgery (see10.1 ).
In your complaint, addressed to the Complaints Committee, you need to state as accurately as possible which decision you are complaining about and what the reasons for your complaint are.
You must submit your complaint no later than seven days after you received the decision about which you wish to complain. If you do not submit your complaint in time, your complaint will not be accepted. This means that the Complaints Committee will not process your complaint. Only if you can give a good reason why you were unable to complain in time, you will not be held to this condition.
You must submit your complaint to the appeal committee.
You should address your letter to:
desecretarisvan deCommissievanToezicht
PO Box
postcodetown/city
Suspension
You may ask the chairman of the appeal committee of the Central Board for the Application of Criminal Justice to suspend the whole or part of the enforcement of the decision which is the subject of your complaint, pending the outcome of your complaint.
Requests for suspension should be directed to:
CentraleRaadvoorStrafrechtstoepassing
Postbus30137
2500 GC Den Haag
Further regulations
Penitentiairebeginselenwet; art.60 -68
12.2 Appeals
You may appeal:
a. against the verdict of the Complaints Committee
b. against the selection officer's decision in response to your complaint or request (see chapter 12), your complaint was pronounced fully or partly unfounded, or your request was turned down;
c. against the selection officer's decision, after you have been given an opportunity to state your objections against a decision which will affect you and which is about to be taken by the selection officer:
d. against a decision taken by the Minister, which will affect your leave and temporary release entitlements;
e. against the professional conduct of the medical staff.
Appeals are processed by an appeal committee of the Central Board for the Application of Criminal Justice.
Ad.a. Appeal against the verdict of the Complaints Committee
You may appeal against a verdict of the Complaints Committee by lodging a written appeal, stating your reasons.
You must appeal no later than seven day from the date on which you were informed, in writing or verbally, of the verdict of the Complaints Committee.
Written appeals should be directed to:
CentraleRaadvoorStrafrechtstoepassing
Postbus30137
2500 GC Den Haag
Suspension
The person who lodged the appeal (you or the governor) may ask the chairman of the appeal committee of the Central Board for the Application of Criminal Justice to suspend the enforcement, as a whole or in part, pending the verdict of the Complaints Committee.
Requests for suspension should be directed to theCentraleRaadvoorStrafrechtstoepassing(central board for the administration of criminal justice)
Ad.b., c, d. Appeals concerning placements, transfers, participation in prisonprogrammes, leave and temporary release
You can in writing, stating your reasons.
You must lodge your appeal no later than seven days after you received the decision against which you wish to appeal. If you fail to lodge your appeal in time, it will not be accepted. This means that the appeal committee will not process your appeal. Only if you can give a good reason why you were unable to appeal in time, you will not be held to this condition.
You may appeal in writing to theCentraleRaadvoorStrafrechtstoepassing(central board for the administration of criminal justice).
Suspension
You may ask the chairman of the appeal committee of the Central Board for the Application of Criminal Justice to suspend the enforcement, which is the subject of the appeal against the decision, or part thereof, pending the outcome of the appeal.
Requests for suspension should be directed to theCentraleRaadvoorStrafrechtstoepassing(central board for the administration of criminal justice)
Further regulations
Penitentiairebeginselenwet; art.72 and art.73
Ad.e. Appeal against professional conduct of the medical staff
You may appeal, stating your reasons, against the professional conduct of the prison doctor, nurse or other care workers involved in your medical treatment, the dentist and the psychiatrist.
Before you can start your appeal, you should first write to the Medical Advisor of the Ministry of Justice with a request to act as mediator in the matter. This request must be sent no later than the fourteenth day after the professional conduct which is the subject of the complaint took place..
The Medical Advisor will try to come up with an acceptable solution for both parties within four weeks. The Medical Advisor completes his role as mediator by reporting his findings to you, the doctor or nurse or othercarerinvolved in your case, and to the governor.
Only if you disagree with report of the Medical Advisor, will you be allowed to send in an appeal, stating your reasons.
This appeal must be lodged no later than the seventh day after you received your copy of the report of the Medical Advisor. You may also appeal via the governor.
You may appeal in writing to theCentraleRaadvoorStrafrechtstoepassing(central board for the administration of criminal justice).
Further regulations
Penitentiairemaatregel: art.28 -art.34
13 Duties in respect of information, hearings and notices
13.1 Duty to supply information
These House Rules are available for perusal in the wing and in the library. At your request you will be lent a copy immediately.
Apart from these House Rules, you have access to the 'PenitentiaireBeginselenwet', the explanatory notes with the 'PenitentiaireBeginselenwet', the 'PenitentiaireMaatregel', the explanatory notes with the 'PenitentiaireMaatregel', theMinisterieleRegelingen' (all penal legislation) and the relevant circulars referred to by the Minister. The above documents are available for perusal in the library.
You can ask to borrow copies of the 'PenitentiaireBeginselenwet', the explanatory notes with the 'PenitentiaireBeginselenwet', the 'PenitentiaireMaatregel', the explanatory notes with the 'PenitentiaireMaatregel'. These may be borrowed for a period of at least two weeks with the possibility to extend the lending period for as long as you wish to keep these documents)
The House Rules are available for perusal in the library, in a number of European languages and in the Turkish and Arabic languages. You may ask to borrow a copy.
Further regulations
Penitentiairebeginselenwet; art.56
13.2 Duty to hold hearings
The governor will provide you with the opportunity to state your views, in a language you understand, before he decides on:
a. refusal or withdrawal of permission to accommodate a child within the prison (under article 12 of the 'PenitentiaireBeginselenwet');
b. exclusion of activities and the extension thereof (under article 23, first paragraph, under a or b, and the second paragraph respectively of the 'PenitentiaireBeginselenwet');
c. solitary confinement and extensions thereof (under article 24, first paragraph, on the basis of article 23, first paragraph, under a or b, and article 24, third paragraph respectively, and article 25 of the 'PenitentiaireBeginselenwet', where applicable);
d. the restriction or withdrawal of leave (under article 26, third paragraph of the 'PenitentiaireBeginselenwet');
e. internal body search (under article 31 of the 'PenitentiaireBeginselenwet');
f. co-operation with medical treatment (under article 32 of the 'PenitentiaireBeginselenwet');
g. use of mechanical restraints and the extension thereof (under article 33, first and third paragraph respectively of the 'PenitentiaireBeginselenwet');
h. enforcement of disciplinary measures (under article 51, and applying articles 52 and 53, third paragraph of the 'PenitentiaireBeginselenwet').
In the cases described under b, c, d, e, f and g, the hearing may be bypassed if the case is urgent or ifyour arein no fit state of mind to attend a hearing. Should a hearing still benecessary ,you will be heard as soon as possible after the event.
Further regulations
Penitentiairebeginselenwet; art.57
13.3 Duty to give Notice
The governor will immediately send you a written, dated and signed notice in a language you understand, giving reasons, about decisions on:
a. refusal or withdrawal of permission to accommodate a child within the prison (under article 12 of the 'PenitentiaireBeginselenwet');
b. exclusion of activities and the extension thereof (under article 23, first paragraph, under a or b, and the second paragraph respectively of the 'PenitentiaireBeginselenwet' );
c. solitary confinement and extensions thereof (under article 24, first paragraph, on the basis of article 23, first paragraph, under a or b, and article 24, third paragraph respectively, and article 25 of the 'PenitentiaireBeginselenwet', where applicable):
d. the restriction or withdrawal of leave (under article 26, third paragraph of the 'PenitentiaireBeginselenwet');
e. internal body search (under article 31 of the 'PenitentiaireBeginselenwet'):
f. co-operation with medical treatment (under article 32 of the 'PenitentiaireBeginselenwet');
g. use of mechanical restraints and the extension thereof (under article 33, first respectively third paragraph of the 'PenitentiaireBeginselenwet'):
h. enforcement of disciplinary measures (under article 51, and applying articles 52 and 53, third paragraph of the 'PenitentiaireBeginselenwet').
j. refusal to give a certain person or persons access to the prisoner (under article 38, third paragraph of the 'Penitentiaire'Beginselenwet):
k. prohibition to make/receive a certain phone-call or phone-calls (under article 39, third paragraph of the 'PenitentiaireBeginselenwet'):
l. refusal of contact with a representative of the media (under article 40, first paragraph of the 'PenitentiaireBeginselenwet').
(Only compulsory forHvB)
In cases listed underi, j, k and I the notice can be omitted if the governor's decision covers a restriction imposed on you under articles 222 en 225 of the 'Invoeringswet' of theWetboekvanStrafvordering'.
In the notice, the governor will point out to you that you have the option to complain and will also explain the complaint procedure and the deadline by which the complaint should be in. The governor will also inform you that you may ask the chairman of the appeal committee of the Central Board for the Application of Criminal Justice to suspend the enforcement of the decision or part thereof, pending the outcome of the complaint.
Further regulations
Penitentiairebeginselenwet; art.58
14 Other
14.1 Serving your sentence in your own country
If you are a prisoner with a foreign nationality, the following is of interest to you:
In certain cases, it may be possible for you to serve your prison sentence, or the remainder thereof in your own country. The conditions which your case has to meet are described in the WetOverdrachtTenuitvoerleggingStrafvonnissen(WOTS -law for transfer of sentences). However, as this law is based on agreements with other countries, which can vary from country to country, it is extremely complicated.
In order to give you some information about the questions whether you would qualify for transfer to your own country and what the conditions are, an information booklet is available. This booklet is available in the following languages: Dutch, French, German, English, Spanish, Turkish, Portuguese and Italian. There is also a booklet forHong Kongcitizens. This booklet contains a form which you can send to the Dutch Minister of Justice, stating your wish to be considered for a transfer.
The WOTS information booklet can be obtained from the BureauSocialeDienstverlening(social services office) and from the prison probation officers. There are always copies in all languages available for perusal in the library.
Further regulations
Wetoverdrachttenuitvoerleggingstrafvonnissen
14.2 Postponement or cancellation of early release
In certain cases, described in article 15a of theWetboekvanStrafrecht(criminal legislation), the Public Prosecutor may decide to take steps which could lead to postponement or cancellation of your early release.
The Public Prosecutor can decide to do this for a number of reasons, including when you withdraw yourself from your custodial sentence or attempt to do so.
In exceptional circumstances, the governor can decide to take steps which could lead to postponement or cancellation of early release within the meaning of art. 15a of theWetboekvanStrafrecht(criminal legislation) (see chapter9.1.1 )
Further regulations
Wetboekvan Str8frecht; 8rtikel 158
14.3 Contact with the media
The governor may give you permission for an interview with a representative of the media, on condition that this has no adverse effect on the following:
a. the maintenance of good order and safety within the prison;
b. public peace and morals;
c. the protection of the rights and freedom of others than yourself;
d. crime prevention or investigation.
In view of the protection of the above interests, the governor may attach certain conditions to the access to the prison of the media representative.
The governor may wish to supervise the contact with the media representative, if he feels this is necessary for the protection of the above interests. This supervision can consist of the use of listening or recording devices during your interview with the media representative. Before the interview, you will both be told of the reason for the supervision and the method to be used.
Visits ortelephonecallsfrom media representatives are extra privileges, on top of your normal visit and telephone allowances.
Further regulations
Penitentiairebeginselenwet; art.40 and art.58
14.4 Parole
You may send the Queen a so-called request for parole, requesting a reduction, change or pardon of one of the following determinate sentences imposed by aNetherlandsjudge:
a. main sentence or additional sentence, except for unconditional fines of up to five hundred guilders;
b. ruling to be withdrawn from taking part in traffic, seizure of unlawfully gained profits ordistraintwithin the meaning of article 77i of theWetboekvanStrafrecht(criminal law).
In some cases you may also be able to request parole for sentences which were not imposed in The Netherlands.
Requesting parole is only realistic if, after the verdict, new evidence has been produced which is of sufficient weight that it might have affected the judge's decision, or if there are reasons to believe that with the application of the legal decision or the continuation thereof, the purpose of the sentence is not expected to be achieved.
The Queen very rarely grants requests for parole.
Requests for parole must be submitted to the parole department of the Ministry of Justice. This department co-ordinates and gathers the information. The prison will also be informed of the request for parole. The Social Services Office will go through the request for parole with you and add the prison's comments.
Further regulations
WetboekvanStrafvordering; art.478 and art.558 onwards
Grondwet; art.122
Gratiewet.
Annex I
Definitions
The terms used in these house rules are defined as follows:
a. prison: a penal institution within the meaning of article 3, first paragraph of thePenitentiaireBeginselenwet(prisons act):
b. wing: a department of the prison within the meaning of article 8, second paragraph of thePenitentiaireBeginselenwet;
c. governor: the person described in article 3, third paragraph of thePenitentiaireBeginselenwet, and his representative or representatives, as described in article 3, fourth paragraph of thePenitentiaireBeginselenwet;
d. prisoner: a person serving a prison sentence or who is detained in prison for other reasons.;
e. officer or employee: a person who performs tasks to ensure the application and pursuance of custodial sentences or other forms of detention:
f. selection officer: a person in charge of the placement and transfer of prisoners in the sense of article 15, third paragraph of thePenitentiaireBeginselenwet:
g. probation officer: a probation officer within the meaning of article 6, first paragraph of theReclasseringsregeling1995 (probation act):
h. legal advisor: a solicitor or employee o~J!s2n- within the meaning of article 22, first paragraph of the Wet op deRechtsbijstand(legal aid act):
i. supervisory committee: a committee within the meaning of article 7, first paragraph of thePenitentiaireBeginselenwet;
j. complaints committee: a committee within the meaning of article 62, first paragraph of thePenitentiaireBeginselenwet;
k. appeal committee: a committee within the meaning of article 69, second paragraph of thePenitentiaireBeginselenwet:
l. cell: the accommodation allocated to the prisoner, as described in article 16, second paragraph of thePenitentiairebeginselenwet;
m. prisonprogramme: aprogrammewithin the meaning of article 4 of thePenitentiaireBeginselenwet:
n. routine: the combination of care and activities within the meaning of chapter VII of thePenitentiairebeginselenwet, and the rules that apply to prisoners within a prison or wing;
o.activities: activities within the meaning of chapter VIII of thePenitentiaireBeginselenwet:
p. custodial sentence: imprisonment, (alternative) detention on remand, military detention and (alternative) juvenile detention; detention temporary custody, detention of immigrants, imprisonment for debt/contempt, care orders and other forms of custody, other than those mentioned under p;
r. remainder of sentence: the part of the custodial sentence or the combination of such sentences that remains to be served, whereby it is assumed that these may be subject to early release in accordance with the applicable legal regulations.
s. probation service: the prison itself and also the probation service within the meaning of article 1, under b and c respectively of theReclasseringsregeling1995 (probation regulations );
t. privileged contact: contacts with: a. members of the Royal Family; b. the 'EersteenTweedeKamerderStaten-Generaal' (cabinet and house of commons), members thereof, Dutch members of the European Parliament or a committee of both parliaments; c. Our Minister; d. legal authorities; e. the national ombudsman: f. medical inspectors of the health service: g.CentraleRaadvoorStrafrechtstoepassing(central council for criminal affairs) and members thereof; h. the supervisory committee or complaints committee or members thereof;i. your solicitor; j. your probation officer; k. other persons or authorities selected by Our Minister or the governor;
u. representative of the consulate: a representative of the consulate within the meaning of article 1, under d of the Treaty of Vienna of24 April 1963.