Conditional Early Release Conditions for Rijswijk Residents
Conditional early release conditions (VI conditions) determine whether a prisoner from Rijswijk or the surrounding area may leave prison earlier than the full sentence. These requirements protect the local community and prepare the individual for a safe return to Rijswijk. They are strictly reviewed before VI is granted.
What Exactly Do VI Conditions Entail for Rijswijk?
Conditional early release (VI) provides a sentence reduction: after two-thirds of the sentence (or half for shorter sentences), conditional release is possible. For Rijswijk residents, VI conditions assess whether your behavior in detention is positive, you have a reintegration plan for the region, and you pose no risk of reoffending. It is not a right, but a balance between your interests and those of victims and Rijswijk society. Want to know more about VI? Check our article on Conditional Early Release.
Legal Basis of 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 College on 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 Rijswijk.
- Article 2:24 Pbw: Procedure including hearing and right of reply.
The Delinquents Act supports implementation. Since July 1, 2021, rules have been tightened for better recidivism prevention in areas like Rijswijk.
Key VI Conditions
The ACVI evaluates general and special requirements based on your perspective plan, focusing on return to Rijswijk.
General Conditions
- Exemplary Behavior: No incidents in detention, active participation in prison programs.
- Reintegration Plan: Employment or education, housing via the Municipality of Rijswijk, debt management, and aftercare.
- Low Recidivism Risk: Positive advice from probation service or youth care.
Special Conditions
Tailored to the offense:
- No-contact order with victims in Rijswijk.
- Treatment for addiction or violence.
- Ban from certain neighborhoods in Rijswijk.
| Condition | General | Special | Consequence of Breach |
|---|---|---|---|
| Reporting Requirement | Yes | Yes | Return to Prison |
| Behavioral Standards | Yes | No | Warning |
| Treatment | No | Yes | VI Revoked |
How Is the VI Decision Made?
Step-by-step process:
- Application: Automatic six weeks before VI date.
- ACVI Review: Advice within four weeks, based on prison and probation reports.
- Minister Decides: 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.
Real-Life Examples from Rijswijk
Example 1: Jan from Rijswijk is serving 3 years for theft. After 2 years, he has a job via the Municipality of Rijswijk, debts sorted, and completed training. VI approved with reporting requirement.
Example 2: Maria from Rijswijk, sentence for domestic violence, refuses therapy. VI denied despite good behavior.
Example 3: For drug offenses, extra urine tests; breach means immediate return.
Rights and Obligations under VI in Rijswijk
Rights
- Access to VI file.
- Response to advice.
- Objection and appeal to the District Court of Rijswijk (Awb).
Obligations
- Comply with conditions until end of sentence.
- Notify probation service of address or job changes in Rijswijk.
- In case of breach: possible enforced return.
Frequently Asked Questions about VI Conditions
Can VI be denied despite meeting conditions?
Yes, the minister may deviate for compelling reasons, such as victim interests in Rijswijk. Always motivated.
What happens if a VI condition is breached?
Revocation (Art. 2:26 Pbw), return to prison; VI time does not count.
How long do VI conditions apply?
Until end of sentence, e.g., 1 year VI for a 3-year sentence.
Does VI apply to TBS in Rijswijk?
No, TBS falls under the TBS Act.
Tips for Successful VI in Rijswijk
- Strong Perspective Plan: Involve the Municipality of Rijswijk for work and housing.
- Complete All Programs: Demonstrate commitment to reintegration.
- Seek Advice: Free help from Het Juridisch Loket Rijswijk for your file and plan.