In Rijswijk, convicted persons with a prison sentence longer than 1 year may be eligible for conditional early release (CER). This means that they may serve part of their sentence outside prison under certain conditions.
What does CER entail?
Conditional early release, regulated 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.
Conditions for CER
CER is only granted under specific circumstances:
- For sentences of 1 to 2 years: release after 1 year.
- For sentences longer than 2 years: release after two thirds of the sentence.
- The maximum period of CER is 2 years.
Criteria for granting
Obtaining CER is not guaranteed. Important criteria are:
- Positive behaviour during detention.
- Active participation in reintegration programmes.
- A favourable risk assessment by the probation service.
- Taking into account the interests of victims.
Probationary period and obligations
During the CER period, a probationary period applies with possible obligations such as:
- Not committing any criminal offences.
- Regular contact with the probation service.
- Prohibition on contact with victims.
- Prohibition on visiting certain areas.
- Mandatory treatment or therapy.
Revocation of CER
If the conditions are breached, CER may be revoked. The convicted person must then return to prison to serve the remaining sentence.
Exclusions
Certain situations lead to exclusion from CER, such as:
- Escape from detention.
- Violence against prison staff.
- Refusal to cooperate with reintegration.
Frequently asked questions about CER in Rijswijk
Am I eligible for conditional early release?
If you have a prison sentence of more than 1 year, you may be eligible. For sentences of 1-2 years, CER applies after 1 year, for longer sentences after two thirds. Good behaviour, cooperation with reintegration and a positive assessment by the probation service are essential. Exclusions such as violence in detention can block CER.
What if I breach the CER conditions?
If conditions are not complied with, CER may be revoked. You must then serve the remaining sentence in detention. This includes violations such as new crimes, ignoring a reporting obligation or breaching a contact ban. The probation service reports this to the Public Prosecution Service, which may request revocation.
Can I object to a rejection of CER?
Yes, you can file an objection against a rejection with the Custodial Institutions Agency (DJI). This must be done within six weeks of the decision. Engaging a lawyer is recommended to strengthen your case. A judge may reconsider the decision and possibly grant CER after all.
How long is the probationary period for CER?
The probationary period corresponds to the period of early release. For example, if you are released 8 months early, a probationary period of 8 months applies. During this time, you must comply with conditions such as reporting obligations or treatment. The duration may be adjusted based on your situation.
What conditions are common for CER?
Common conditions include: not committing new crimes, maintaining contact with the probation service, no interaction with victims, avoiding certain locations and following mandatory treatments, such as therapy for addiction or aggression. These rules aim to prevent recidivism.