The Behaviour-Influencing Measure (BIM) is a treatment trajectory for youth in juvenile criminal law. It focuses on changing behaviour through mandatory programmes and intensive supervision.
What does the BIM entail?
The BIM, laid down in article 77w of the Criminal Code, is a measure aimed at improving the behaviour of youth. The youth is required to participate in specific interventions to address problematic behaviour.
Elements of the BIM
The measure can take various forms, such as:
- Following an intensive behavioural programme
- Therapy in a mental health institution
- Supervision by the youth probation service
- Ambulatory care and treatment
- Residence in a youth institution under judicial supervision
Duration of the BIM
The BIM has a minimum duration of 6 months and can extend up to 1 year. In cases of serious offences, extension is possible up to a maximum of 3 years, depending on the circumstances.
Conditions for imposition
- The youth is between 12 and 18 years old (in exceptional cases up to 23 years)
- There is a behavioural disorder that requires treatment
- The measure supports the personal development of the youth
BIM versus youth detention
While youth detention is primarily a penal measure, the BIM focuses on treatment and supervision. The BIM can be imposed as an alternative to or in addition to youth detention, depending on the case.
Consequences of non-compliance
If the youth does not comply with the rules of the BIM, the court may decide on substitute youth detention. This means that the treatment is replaced by a custodial sentence.
Frequently asked questions about BIM in Westland
When can a BIM be imposed on my child?
A judge of the District Court of The Hague can impose a BIM if your child is between 12 and 18 years old (sometimes up to 23 years), has behavioural problems that require treatment, and the measure contributes to his or her development. This is often applied in serious offences where treatment is more appropriate than punishment.
What happens if my child breaches the BIM rules?
If your child fails to comply with the obligations of the BIM, for example by not participating in programmes, the judge may decide on substitute youth detention. This means that the treatment is discontinued and a penalty is imposed. It is crucial that your child adheres to the conditions.
What is the duration of a BIM and can it be extended?
A BIM typically lasts between 6 months and 1 year. In serious cases, the judge may decide on extension, with a maximum of 3 years. The exact duration is determined based on the progress and the nature of your child's behaviour.
How does a BIM differ from youth detention?
A BIM focuses on treatment and behavioural change, whereas youth detention is a penal measure. Depending on the situation, a BIM can be imposed alongside or instead of detention, with the aim of helping the youth rather than merely punishing.
Can my child stay at home during a BIM?
This depends on the nature of the BIM. With ambulatory care or supervision by youth probation, your child can often live at home. For intensive programmes or treatment in an institution, temporary residence outside the home may be necessary.
Who supports my child during a BIM?
Your child is supervised by professionals, such as youth probation officers, therapists from a mental health institution or trainers of behavioural interventions. They monitor progress, report to the District Court of The Hague and often involve parents in the process.