Conditional Early Release Conditions for Westlanders
Conditional early release conditions (VI conditions) determine whether a prisoner from Westland may leave prison earlier than the full sentence. They protect the local community in Westland and prepare the individual for a safe return, for example to 's-Gravenzande or Naaldwijk. These requirements are strictly reviewed before approval.
What exactly are VI conditions?
Conditional early release (VI) provides a sentence reduction: after two-thirds of the sentence (or half for shorter sentences), the prisoner is released on parole. For Westland residents, VI conditions assess whether behavior in detention is positive, a reintegration plan is in place, and recidivism risk is low. It is not a right, but a balance between the interests of the individual, victims, and the Municipality of Westland. Read more in our article on Conditional Early Release (VI).
Legal basis for VI conditions
The Penitentiary Principles Act (Pbw), particularly Article 2:22 Pbw, governs this. The Minister of Justice and Security decides based on advice from the Advisory Board for Conditional Early Release (ACVI).
- Article 2:22(1) Pbw: VI possible after two-thirds of sentence if conditions are met.
- Article 2:23 Pbw: General and special conditions, such as reporting requirements or exclusion zones in Westland.
- Article 2:24 Pbw: Procedure including hearing and right of reply.
The Delinquentenwet supports enforcement. Since July 1, 2021, rules have been stricter for better recidivism prevention in areas like Westland.
Key VI conditions broken down
The ACVI reviews via a reintegration plan submitted by the prisoner, focusing on local reintegration.
General conditions
- Exemplary behavior: No incidents in detention, active participation in prison programs.
- Reintegration prospects: Job in Westland greenhouse horticulture, housing via the Municipality of Westland, debt management plan, and aftercare.
- Low recidivism risk: Positive advice from probation service or youth probation.
Special conditions
Tailored to the offense:
- No-contact order with victims in Westland.
- Treatment for addiction or violence.
- Prohibition on staying in high-risk areas such as Poeldijk.
| Condition | General | Special | Consequence of Non-Compliance |
|---|---|---|---|
| Reporting requirement | Yes | Yes | Return to prison |
| Behavioral rules | Yes | No | Warning or adjustment |
| Treatment | No | Yes | VI revoked |
How is the VI decision made?
Step by step for Westland residents:
- Application: Automatic six weeks before VI date.
- ACVI review: Advice within four weeks based on prison reports and local probation.
- Minister's decision: Within two weeks; refusal must be explained.
- Hearing procedure: Access to file and opportunity to respond.
Refusal if conditions not met, such as incidents shortly before VI.
Practical examples in Westland context
Example 1: Piet from Naaldwijk is serving 3 years for theft. After 2 years, he has a job at a horticulture company, debts settled via the Municipality of Westland, and completed training. VI granted with reporting requirement.
Example 2: Lisa from 's-Gravenzande, sentence for domestic violence, denied VI due to refusal of therapy despite good behavior.
Example 3: For drug offenses, extra urine tests; violation means immediate return.
Rights and obligations under VI
Rights
- Access to file before VI.
- Response to advice.
- Objection and appeal to the Westland District Court (Awb).
Obligations
- Comply with conditions until sentence ends.
- Report address or job changes to probation in Westland.
- Upon violation: possible voluntary or compulsory return.
Frequently asked questions
Can VI still be refused?
Yes, the minister decides discretionarily considering interests such as victims. Reasoning is required.
Violation of VI condition?
Leads to revocation (art. 2:26 Pbw); re-imprisonment, VI period expires.
How long do conditions apply?
Until end of sentence, e.g., 1 year VI for 3-year sentence.
VI for TBS in Westland?
No, TBS falls under the TBS Act.
Tips for Westlanders
- Strong reintegration plan: Arrange work at local greenhouses and housing via the Municipality of Westland.
- Complete programs fully and seek aftercare at the Legal Aid Office Westland.
- Free advice: Contact the Legal Aid Office Westland for personal guidance.