In Westland, convicted persons with a prison sentence longer than 1 year may be eligible for conditional early release (CER). This means that they do not have to serve the final part of their sentence in detention.
What does CER entail?
Conditional early release, as laid down in article 6:2:10 of the Code of Criminal Procedure, offers detainees the opportunity to be released earlier. It is not an automatic right, but a conditional release that depends on multiple factors.
When is one eligible for CER?
- For sentences of 1 to 2 years: after 1 year of detention
- For sentences longer than 2 years: after two thirds of the sentence period
- Maximum duration of CER: 2 years
Conditions for CER
Obtaining CER is not a given. The following criteria play a role:
- Positive behaviour during detention
- Active participation in reintegration programmes
- An assessment of risks by the probation service
- The interests of victims are taken into consideration
Probationary period and associated obligations
During the CER period, a probationary period applies with specific rules, such as:
- No new criminal offences committed
- Maintain regular contact with the probation service
- Contact ban with victims
- Prohibition on residing in certain areas
- Mandatory treatment or therapy
Revocation of CER
If the conditions are breached, the CER may be revoked. The convicted person must then return to prison to serve the remaining sentence.
Exclusion from CER
Certain situations lead to exclusion from CER, such as:
- Escape or attempt thereto from detention
- Violence against prison staff
- Refusal to cooperate with reintegration
Frequently asked questions about CER in Westland
Am I eligible for conditional early release?
You can apply for CER if your sentence is longer than 1 year. For sentences of 1-2 years, CER applies after 1 year; for longer sentences, after two thirds of the time. Conditions such as good behaviour and cooperation with reintegration are essential, as well as a favourable risk assessment by the probation service.
What happens if CER conditions are breached?
If you violate the rules, your CER may be revoked. You must then serve the remaining sentence in detention. Violations are reported by the probation service to the Public Prosecution Service, which may request revocation.
Can I object to a rejection of CER?
Yes, you can file an objection with the Custodial Institutions Agency (DJI) within six weeks of the decision. Engaging a lawyer is recommended to strengthen your case.
What is the duration of the probationary period for CER?
The probationary period is equal to the period of early release. For example: for 6 months CER, a probationary period of 6 months applies, during which you must comply with the imposed conditions.
What obligations often apply during the CER probationary period?
Common rules include: not committing criminal offences, maintaining contact with the probation service, avoiding victims, avoiding certain locations, and following mandatory treatments, such as therapy for addiction or anger management.