Conditional Release for Residents of Leiden

Conditional Release in Leiden

Conditional release (CR) allows detainees in the Leiden region to be released early after serving two-thirds of their sentence, subject to strict conditions. This facilitates a smooth return to Leiden society, with a probationary period during which breaching rules results in re-imprisonment. For Leiden residents, CR is essential to prevent recidivism, supported locally by organizations such as Het Juridisch Loket Leiden.

Why Conditional Release in Leiden?

Dutch criminal law emphasizes both punishment and societal reintegration. In Leiden, conditional release supports this by enabling early release for those who behave well and have a plan for employment or housing through the Municipality of Leiden. This eases pressure on prisons and aids reintegration. Without CR, the full sentence must be served, complicating reintegration. See our article on Imprisonment for more basics.

Legal Basis for CR

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 Dutch Criminal Code (Sr) enables CR for unconditional sentences. The Act on Preventing Serious Recidivism 2017 tightens rules for sexual and violent offenses.

Key principles:

• CR is a privilege, not automatic; it depends on advice.
• Approval from the Public Prosecution Service (PPS) is required.
• The enforcement judge at the District Court of Leiden decides on revocation for breaches.

Conditions for CR in Leiden

Not everyone qualifies for conditional release. Essential requirements:

1. Sentence length: At least two months, with at least one month remaining after CR.
2. Two-thirds rule: After two-thirds (sentences >6 months); shorter sentences have adjustments.
3. Prison behavior: Good conduct, no incidents, active participation in programs.
4. Reintegration plan: Address, job, or debt assistance via Municipality of Leiden or probation service.
5. Exceptions: Excluded for life sentences, TBS orders, or sentences prohibiting CR (serious offenses).

Comparison of CR vs. full sentence:

Procedure for CR Application

The steps for conditional release in the Leiden region:

1. Preparation: Reintegration plan with probation service and local mentors.
2. ACCR advice: The Advisory College on Conditional Release advises after reviewing the file and interviewing.
3. PPS review: Approval within 10 days.
4. Ministerial decision: Justis approves; release with probation period (remainder of sentence + 1 year).

The process takes 8-12 weeks. Right to a hearing with the ACCR applies.

Rights and Obligations under CR

Rights

• Legal assistance via a lawyer or Het Juridisch Loket Leiden.
• Access to file.
• Appeal against rejection at District Court of Leiden.

Obligations

During the probation period:

• Reporting requirement: To local probation service.
• Prohibitions: Avoid certain areas in Leiden.
• Therapy: Mandatory sessions or GPS monitoring.
• No offenses: Otherwise revocation by District Court of Leiden.

Breach results in detention for the remainder plus additional time.

Real-Life Cases from Leiden

Case 1: Mr. X from Leiden receives 3 years for shoplifting. After 2 years, CR application: good behavior, job via Municipality of Leiden, housing arranged. Positive advice from ACCR and PPS: released with reporting.

Case 2: Ms. Y (2 years for assault in Leiden) breaches a no-contact order after CR. Enforcement judge at District Court of Leiden revokes: 8 months remainder + 3 months extra.

These examples show CR's value for Leiden reintegration, provided discipline is maintained.

Frequently Asked Questions