Conditional Release for Residents of Westland

Conditional Release in Westland

Conditional release (VI) allows detainees from Westland to be released early after serving two-thirds of their prison sentence under strict conditions. This promotes reintegration into Westland society, but with a probationary period during which breaching rules leads to return to detention. For Westlanders, VI is crucial to avoid recidivism and return to work in greenhouse horticulture or local jobs.

Why Conditional Release for Westlanders?

Dutch criminal law focuses on both punishment and resocialization. Conditional release supports this by allowing early release for well-behaved detainees with a reintegration plan – such as housing in Naaldwijk or Poeldijk. This eases pressure on detention capacity and aids employment and housing through the Municipality of Westland. Without VI, serving the full sentence makes reintegration in Westland more difficult. See our article on Prison Sentences for background.

Legal Basis of VI

The rules for conditional release are set out in the Penitentiary Principles Act (Pbw), Section 2.4 (articles 2:26-2:35). Article 15 of the Criminal Code (Sr) provides for this in unconditional sentences. The 2017 Act Preventing Serious Recidivism tightens rules for sexual and violent offenses.

Key principles:

• VI is a privilege, not a right, based on advice.
• Approval from the Public Prosecution Service (PPS) is required.
• The criminal enforcement judge at the District Court Westland decides on revocation for violations.

Conditions for VI in Westland

Not every Westlander qualifies for conditional release. Key requirements:

1. Sentence length: At least two months, with at least one month remaining after VI.
2. Two-thirds rule: After two-thirds (sentences >6 months); shorter sentences sometimes earlier.
3. Detention behavior: Good conduct, no new offenses, active participation in programs.
4. Reintegration plan: Address in Westland, job or debt assistance via Municipality of Westland.
5. Exceptions: No VI for life sentences, TBS orders, or sentences prohibiting VI (serious violent offenses).

Comparison of VI vs. full sentence:

Procedure for VI Application

The procedure for conditional release for Westlanders:

1. Preparation: Reintegration plan with probation service, focused on Westland.
2. ACVI Advice: Advisory College on Conditional Release advises after review and hearing.
3. PPS Approval: Within 10 days.
4. Ministerial Decision: Justis decides; if yes: release with probationary period (remaining sentence +1 year).

Duration: 8-12 weeks. Right to a hearing with ACVI. Seek free advice from The Legal Counter Westland.

Rights and Obligations During VI

Rights

• Legal assistance via lawyer or The Legal Counter Westland.
• Access to file.
• Appeal against rejection at District Court Westland.

Obligations

During probationary period:

• Reporting requirement to probation service.
• Exclusion zones, e.g., around victims in Westland.
• Therapy or GPS monitoring.
• No offenses: Revocation by criminal enforcement judge.

Breach: Return for remaining time plus additional period.

Practice in Westland

Example 1: A resident from Monster with 3 years for theft. After 2 years, VI application: good behavior, job in greenhouses, housing via Municipality of Westland. Positive advice: released with reporting requirement.

Example 2: Defendant from 's-Gravenzande (2 years assault) breaches contact ban after VI. District Court Westland revokes: 8 months remaining + 3 months extra.

Frequently Asked Questions