Early Conditional Release Conditions in the Leiden Region
Early conditional release conditions (VI conditions) determine whether a prisoner from the Leiden area may leave prison before the end of their sentence. They protect Leiden society and prepare the individual for a safe return. For Leiden residents, it is essential to understand these; the Leiden District Court and Leiden Legal Aid Office offer advice on the matter.
What Are VI Conditions Specific to Leiden?
Early conditional release (VI) means a reduction of the sentence: after two-thirds of the detention period (or half for sentences under one year), conditional release is possible. VI conditions assess behavior, reintegration, and recidivism risk. In Leiden, they balance your interests with those of victims and the local community. Read more in our article on Early Conditional 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 College for Conditional Early Release (ACVI).
- Article 2:22(1) Pbw: VI possible after two-thirds of the sentence if conditions are met.
- Article 2:23 Pbw: General and special conditions, such as reporting requirements or contact bans.
- Article 2:24 Pbw: Procedure including hearing and right of reply.
The Delinquents Act supports implementation. Since July 1, 2021, rules have been stricter against recidivism, which is relevant for Leiden cases.
Key VI Conditions
The ACVI evaluates based on a reintegration plan that you prepare, with a local focus such as employment through the Municipality of Leiden.
General Conditions
- Exemplary behavior: No incidents in detention, active participation in prison programs.
- Reintegration plan: Arrangements for work, housing in Leiden, debt management, and aftercare.
- Low recidivism risk: Positive advice from probation service or youth care.
Special Conditions
Tailored to the offense:
- Contact ban with victims.
- Therapy for addiction or violence.
- Ban from certain Leiden neighborhoods.
| Condition | General | Special | Consequence of Breach |
|---|---|---|---|
| Reporting Requirement | Yes | Yes | Return to Cell |
| Behavioral Rules | Yes | No | Warning |
| Therapy | No | Yes | VI Revoked |
Decision-Making Process for VI Conditions
Step-by-step process:
- Application: Automatic six weeks before VI date.
- ACVI Review: Advice within four weeks based on prison and probation reports.
- Minister's Decision: Within two weeks; refusal must be explained.
- Hearing Procedure: Access to file and opportunity to respond.
In Leiden, you can seek help from the Leiden Legal Aid Office if refused.
Practical Examples from Leiden
Example 1: Jan from Leiden is serving a 3-year sentence for theft. After 2 years, he has secured work through the Municipality of Leiden, sorted his debts, and completed training. Granted VI with reporting requirement.
Example 2: Maria from the Leiden region, serving a sentence for domestic violence, is denied VI due to refusal of therapy.
Example 3: Drug case? Mandatory urine tests; breach means return to prison.
Rights and Obligations under VI
Rights
- Access to file.
- Response to advice.
- Objection and appeal to the Leiden District Court (GCA).
Obligations
- Comply with conditions until end of sentence.
- Report address or employment changes to probation service in Leiden.
- Breach: return to prison.
FAQs for Leiden Residents
Can VI be denied despite meeting conditions?
Yes, the minister may decide based on overriding interests (e.g., victims). Reasoning is required; check with the Leiden Legal Aid Office.
What happens if a VI condition is breached?
Revocation (Article 2:26 Pbw), return to prison without credit for VI time.
How long do VI conditions apply?
Until end of sentence, e.g., 1 year for a 3-year sentence.
Does VI apply to TBS in Leiden?
No, TBS Act regulates it separately.
Tips for Leiden Residents
- Strong reintegration plan: Involve the Municipality of Leiden for work/housing and family support.
- Complete programs: Finish all for positive advice.
- Seek local help: The Leiden Legal Aid Office assists with preparation and objections.