What is Detention Phasing?
Detention phasing means that inmates can gradually gain more freedoms towards the end of their detention. This phasing precedes Conditional Release (CR), if applicable. This “phasing” is practically implemented by moving inmates from a closed facility to one with a lower security level. If you as an inmate meet all legal requirements, you can be placed step by step in a Limited Security Institution (LSI) and a Very Limited Security Institution (VLSI). Colloquially, the LSI is also called the “half-open camp”. The VLSI is also referred to as the “open camp”. In addition to leave at fixed times (so-called regime-bound leave), these institutions have less strict rules than a “regular” prison, for example regarding the use of a mobile phone.
What are the Conditions for Detention Phasing?
The selection officer decides not only about your placement and transfer to and from a PI (Penitentiary Institution), but also about your detention phasing. To be eligible for detention phasing as an inmate, you must at least meet a number of conditions. First of all, you must always have been promoted to the plus program. Furthermore, you may only pose a limited flight and social risk, and your leave address must be approved.
From What Point Can You Start with Detention Phasing?
As an inmate, you can be placed in an LSI if your remaining sentence is at most eighteen months. For placement in a VLSI, a prison sentence of at least six months must have been imposed, of which you have served at least half (or spent in pre-trial detention). Moreover, you must have a “gross” remaining sentence between six weeks and six months.
Can You Request Detention Phasing from the Selection Officer Yourself?
As an inmate, you have the right to request participation in detention phasing from the selection officer. You then submit a so-called “reasoned” petition. So you must be able to motivate well why you should be eligible for detention phasing. If the selection officer rejects your request for detention phasing, you can appeal against this decision to the RSJ. Our lawyers have experience in these appeal procedures and know how to best represent your interests. If you want to appeal to the RSJ, you can always contact us without obligation.
Can You Object to or Appeal against the Termination of your Detention Phasing by the Selection Officer?
The selection officer can decide to terminate your detention phasing. If you disagree with this decision, you can submit a notice of objection within seven days. The law requires that you support this notice of objection with arguments. The selection officer then makes a new decision on your objection. If the outcome of your objection procedure does not lead to the desired result, you can appeal to the RSJ. Our experienced lawyers can assist you in these procedures.
Why is it Wise to Engage a Lawyer in a Decision Regarding your Detention Phasing?
The law imposes legal requirements on both the appeal and the notice of objection. For example, you will need to substantiate well why you disagree with the decision about your detention phasing. Moreover, you must take into account a legal deadline of seven days. If you disagree with a decision regarding your detention phasing, it is advisable to contact one of our specialists promptly. An experienced criminal defense lawyer can advise you on the possibilities. Moreover, we help you with submitting a notice of objection or appeal. Through years of experience, our lawyers know how to significantly increase your chances of success in these procedures. Feel free to contact us.
