In Leiden and surrounding areas, convicts with a prison sentence longer than 1 year may qualify for conditional early release (VI). This means they do not have to serve the full sentence in detention, provided they meet certain criteria.
What does VI 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.
When does one qualify for VI?
- For sentences of 1 to 2 years: after serving 1 year.
- For sentences longer than 2 years: after two thirds of the sentence period.
- The maximum VI period is 2 years.
Conditions for VI
Obtaining VI is not guaranteed. Some important conditions are:
- Positive behavior during detention.
- Active participation in reintegration programs.
- A favorable risk assessment by the probation service.
- The interests of victims are taken into consideration.
Probation period and associated rules
During the VI period, a probation period applies with specific obligations, such as:
- Not committing new offenses.
- Regular contact with the probation service.
- Prohibition on contact with victims.
- Prohibition on being present at certain locations.
- Mandatory treatment or therapy.
Revocation of VI
If the conditions are violated, VI can be revoked. The convict must then serve the remaining sentence in detention.
Exclusions
Certain situations exclude VI, including:
- Escape from detention.
- Violence against prison staff.
- Refusal to cooperate with reintegration.
Help and advice in Leiden
For legal support in Leiden, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles VI matters and you can file an objection there against decisions.
Frequently asked questions about VI
Do I qualify for conditional early release?
If you have a sentence of more than 1 year, you can apply for VI. For sentences of 1-2 years, VI applies after 1 year; for longer sentences, after two thirds. Good behavior and cooperation with reintegration are essential, as well as a positive assessment by the probation service.
What if I violate the VI rules?
If you violate the conditions, VI can be revoked. You must then return to prison to serve the remaining sentence. This can happen for new offenses or ignoring a reporting obligation.
Can I object to a VI rejection?
Yes, you can file an objection with the Custodial Institutions Agency (DJI) within six weeks. It is advisable to engage a lawyer for a strong substantiation of your case.
How long is the probation period for VI?
The probation period equals the conditional release period. For example, for 8 months VI, a probation period of 8 months applies, during which you must comply with the conditions.
What conditions often apply during VI?
Common rules are: not committing new criminal offenses, maintaining contact with the probation service, no contact with victims, avoiding certain areas, and sometimes following mandatory treatments.