Detention phasing means that prisoners can gradually earn more freedoms towards the end of their detention. Since the entry into force of the Penalties and Protection Act (Wet Straffen en Beschermen) on July 1, 2021, much has changed in the field of detention phasing. The (very) limited-security institutions have been abolished, the penitentiary program has changed, and the leave system<\/a> has been tightened. <\/p>\n\n Prisoners are discussed at least once every six weeks in the so-called Multi-Disciplinary Consultation (MDO). In this consultation, the detention and reintegration goals are established and discussed. Based on this, the director is advised on the promotion or demotion of the prisoner. Based on this, the case manager calculates the phasing dates. These are target dates. No rights can be derived from them. It is important to remember that phasing is therefore not a right, but a favor. In the MDO, an appropriate trajectory is then determined and recorded in the D&R plan. To be eligible for detention phasing, a prisoner must at least have been promoted to the plus program. In addition, there must be no high flight or social risk, and the prisoner must have an approved leave address. Because detention phasing can differ per person and per situation, it may happen that other and\/or more conditions are attached to the phasing. <\/p>\n\n The director is responsible for the course of detention, reintegration, and resocialization. This means that the director must initiate detention phasing on their own initiative. In addition, the prisoner can also make a request for detention phasing. The director is obliged to process such a request. Ultimately, it is the case manager who, on behalf of the director, is responsible for the actual implementation of the detention phasing. <\/p>\n\n That depends on the length of the prison sentence imposed and whether this sentence was partly suspended. Depending on this, detention phasing may consist of participation in a penitentiary program, placement in a Limited Security Department (BBA), and\/or conditional release. All these options have additional conditions and grounds for exclusion attached to them. <\/p>\n\n Whether there is an adequate handling of the detention phasing must be examined on a case-by-case basis. Because the case manager acts on behalf of the director, a complaint against the inadequate handling of the detention phasing can be lodged with the Supervisory Committee. Whether such a complaint is successful depends on the circumstances of the case and must be assessed individually for each prisoner. <\/p>\n\n The law imposes legal requirements on both the appeal and the notice of objection. For example, it must be well-substantiated why the prisoner disagrees with the decision regarding their detention phasing. Moreover, the legal complaint period of seven days must be taken into account. If a prisoner disagrees with the decision regarding their detention phasing, it is advisable to contact one of our specialists promptly. An experienced criminal defense lawyer<\/a> can advise the prisoner on the possibilities. Moreover, we help prisoners with submitting a notice of objection or appeal. Through years of experience, our lawyers know how to significantly increase the chances of success in these procedures. <\/p>\n","protected":false},"parent":5795,"menu_order":0,"template":"","class_list":["post-5728","expertise","type-expertise","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/expertise\/5728","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/expertise"}],"about":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/types\/expertise"}],"up":[{"embeddable":true,"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/expertise\/5795"}],"wp:attachment":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/media?parent=5728"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What are the Conditions for Detention Phasing?<\/h2>\n\n
Can you request detention phasing yourself?<\/h2>\n\n
From what point are you eligible for detention phasing?<\/h2>\n\n
Is an objection and\/or appeal possible against the termination of detention phasing or the failure to start it in time?<\/h2>\n\n
Why is it Wise to Engage a Lawyer in a Decision Regarding your Detention Phasing?<\/h2>\n\n