Since the entry into force of the Penalties and Protection Act (Wet Straffen en Beschermen) in July 2021, leave has become less non-committal and less self-evident. General leave and regime-based leave have been abolished. The term now used is resocialization leave, where the starting point is that a detainee is only eligible for leave if the leave contributes to a safe return to society or if there are unforeseen circumstances outside the correctional facility. <\/p>\n\n
There are three forms of resocialization leave, namely short-term leave, long-term leave, and leave for the purpose of extramural labor (BBA). In addition to resocialization leave, there is also incidental leave. Depending on the duration of the prison sentence, the selection official or the director of the correctional facility decides on leave requests. <\/p>\n\n
Incidental leave can be granted on humanitarian grounds. Incidental leave is a temporary and necessary absence outside the correctional facility based on compelling and individual exceptional and unexpected events. This includes events in the personal sphere where the presence of the detainee is necessary, such as attending a funeral or the birth of a child. Both detainees and those in pre-trial detention can apply for incidental leave. In principle, incidental leave always ends on the day it commenced, unless travel time makes it necessary for the leave to end the following day. If a request for incidental leave is rejected by the director of the correctional facility, the detainee can directly appeal to the RSJ<\/a>. <\/p>\n\n Short-term reintegration leave is intended for reintegration activities established in the D&R plan that cannot be performed within the correctional facility. Examples include applying for a driver’s license, a job interview, or arranging housing. The duration of the leave depends on the activity. In principle, this leave begins and ends on the same day and never lasts longer than one full day. <\/p>\n\n For a sentence shorter than six years, a detainee is eligible for short-term leave at the earliest after at least six months of the prison sentence has been served and there is a period of a maximum of eighteen months prior to the moment the (conditional) release takes place.<\/p>\n\n For a sentence longer than six years, a detainee is eligible for short-term leave at the earliest during a period of a maximum of six months prior to the moment the detainee becomes eligible for long-term reintegration leave.<\/p>\n\n Long-term reintegration leave is intended for detainees who wish to participate in recognized behavioral interventions or programs that take place several days a week and are offered by organizations such as the probation service. Family visits can also be a reason to grant long-term leave. This is only possible if this reintegration goal is included in the D&R plan. Long-term leave lasts a maximum of 204 hours with a minimum of one overnight stay and a maximum of eight overnight stays per month. <\/p>\n\n For a sentence shorter than six years, a detainee is eligible for long-term leave at the earliest if at least four months of the prison sentence have been served, or at least half of the prison sentence has been served and there is a maximum of twelve months prior to the moment of (conditional) release. For a sentence longer than six years, a separate calculation is used, namely: twelve months + (one and a half months x the number of full years above 6 years of imprisonment). The result determines the number of months a detainee is eligible for long-term leave at the earliest prior to the period of (conditional) release. <\/p>\n\n If reintegration leave has been granted, a detainee can work or follow an education outside the facility during the day and stay overnight in the correctional facility. A detainee can request reintegration leave themselves, after which the selection official makes a decision. This form of leave is one of the conditions for placement in a Limited Security Wing (BBA). The leave lasts a minimum of four weeks and a maximum of twelve months. <\/p>\n\n To get leave, you as a detainee must submit a request for leave to the director or the selection official. In most cases, the prison director decides on granting your leave. Only in a few exceptional cases does the selection official decide on your leave request. We can inform you about the procedure to follow in your case. Feel free to contact<\/a> us. <\/p>\n\n If the selection official decides negatively on your request for leave, you can directly appeal against that decision to the RSJ. If the prison director decides negatively on your request for leave, you can file a complaint with the complaints committee. You have seven days after you have been informed of the rejection of your leave request. The law requires that you state as precisely as possible in the complaint the decision being complained about and the reasons for the complaint. If you don’t do this, the complaints committee may declare your complaint \u201cmanifestly\u201d unfounded or \u201cmanifestly\u201d inadmissible. Therefore, it’s wise to contact one of our experienced criminal defense lawyers<\/a> as soon as possible. If you then disagree with the decision of the complaints committee, you can appeal to the RSJ<\/a>. Feel free to contact us. <\/p>\n\n Both incidental leave and sentence interruption<\/a> allow you as a detainee to attend an event in the personal sphere. However, differences exist. Firstly, incidental leave applies to both convicted and pre-trial detainees. Sentence interruption, on the other hand, only applies to convicted individuals. Secondly, incidental leave typically lasts one day, while sentence interruption can last up to three months. Thirdly, in the case of incidental leave, the time spent in freedom does not need to be \u201cmade up\u201d. With sentence interruption, this is the case. The execution of the sentence is then only suspended. <\/p>\n\n If you disagree with the rejection of your request for leave in a complaint or appeal procedure. In these procedures, you must take into account various legal requirements. Not only do you need to pay attention to the legal complaint and appeal period of seven days. You will also need to thoroughly substantiate why you disagree with the rejection of your leave request. Therefore, it’s wise to contact one of our experienced lawyers<\/a>. Our specialists know which arguments we need to present in these complaint and appeal procedures to increase your chances of a successful outcome. You can contact us at any time without obligation. <\/p>\n","protected":false},"parent":5795,"menu_order":0,"template":"","class_list":["post-5749","expertise","type-expertise","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.strafrechtadvocaten.nl\/en\/wp-json\/wp\/v2\/expertise\/5749","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=5749"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Short-term reintegration leave<\/h3>\n\n
Long-term reintegration leave<\/h3>\n\n
Reintegration leave for extramural labor (placement in a BBA)<\/h3>\n\n
Who Decides on Granting General and Incidental Leave?<\/h2>\n\n
Can You File a Complaint or Appeal against the Rejection of General and Incidental Leave?<\/h2>\n\n
What is the Difference between Incidental Leave and Sentence Interruption?<\/h2>\n\n
Why is it Wise to Engage a Lawyer in Case of Leave Decisions?<\/h2>\n\n