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What is detention phasing?
Detention phasing means that detainees can gradually gain more freedoms toward the end of their detention. This phasing precedes the Conditional Release (VI), if any. This "phasing" is done in practice by placing detainees from a closed facility to a facility with a lower security level. If, as a detainee, you meet all the legal conditions, you can be placed in a Restricted Secure Institution (BBI) and a Very Restricted Secure Institution (ZBBI) in stages. Colloquially, the BBI is also called the "half open camp. The ZBBI is also referred to as the "open camp. In addition to leave at fixed times (so-called regimespecific leave), less strict rules apply in these establishments than in a "regular" prison, for example about the use of a cell phone.
What are the conditions for detention phasing?
The selection officer not only decides on your placement and transfer to and from a PI (Penitentiary Institution)., as well as about your detention phasing. For an inmate to be eligible for detention phasing, you must meet at least a few conditions. First, you must have been promoted to the plus program at all times. Furthermore, you must pose only a limited flight and social risk and your leave address must be approved.
At what point can you start detention phasing?
You can be placed in a ZBBI as an inmate if your sentence is no more than 18 months. For placement in a ZBBI, you must have a custodial sentence of at least six months, at least half of which you have served (or spent in pre-trial detention). In addition, you must have a "gross" sentence remaining between six weeks and six months.
Can you request detention phasing from the selection officer himself?
As a detainee, you have the right to petition the selection officer for participation in detention phasing. You must then submit a so-called 'reasoned' petition. You must therefore be able to give a good reason why you should be considered for detention phasing. If the selection officer refuses your request for detention phasing, you can appeal this decision to the RSJ. Our lawyers are experienced in these appeal procedures and know how to represent your interests in the best possible way. If you are in want to appeal to the RSJ, please feel free at any time to contact record.
Can you appeal or object to termination of your detention phasing by the selection officer?
The selection officer may decide to terminate your detention phasing. If you disagree with this decision, you may file a notice of objection within seven days. The law requires that you substantiate this objection with arguments. The selection officer will then make a new decision on your objection. If the outcome of your objection procedure does not lead to the desired result, you may appeal to the RSJ. Our experienced lawyers can assist you in these proceedings.
Why is it wise to hire an attorney when deciding on your detention phasing?
The law imposes legal requirements on both the notice of appeal and the notice of objection. For example, you will have to properly substantiate why you disagree with the decision on your detention phasing. Moreover, you must take into account a legal deadline of seven days. If you disagree with a decision regarding your detention phasing, it is wise to contact one of our specialists as soon as possible. An experienced criminal lawyer can advise you on your options. In addition, we will help you file an objection or appeal. Through years of experience, our lawyers know how to significantly increase your chances of success in these proceedings. Please feel free to contact us.
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