In the Dutch prison system, inmates can request to be transferred to another penitentiary under certain circumstances. There can be many reasons for a detainee to want to be transferred to another facility. Consider, for example, the desire to be closer to family, to have better access to specific care or programs, or because of security concerns. In such cases, it is possible to submit a transfer request. The institution may also believe that a detainee should be transferred to another institution, for example because of behavioral problems, security risks or because the institution can no longer provide the appropriate facilities.
Either the warden or the inmate may submit a transfer request to the selection officer. After a request is made, the selection officer will carefully assess the situation and make a decision based on all relevant circumstances, such as available capacity, the nature of the detention, and the interests of both the detainee and the institution. If the request is denied, there are options for objection and appeal, depending on who made the request and the nature of the decision.
Reasons for a transfer
There are several reasons why an inmate may request a transfer. Common reasons are:
- the desire to be placed closer to family or other loved ones, such as to facilitate visitation;
- the need for specific medical or psychological care that is more readily available at another facility;
- situations where the safety of the detainee or others is at risk, for example due to conflicts with fellow detainees or staff and
- the availability of certain programs for work, training, or resocialization relevant to the detainee.
In addition to requests from inmates themselves, the director of the facility may also deem a transfer necessary, for example because of behavioral problems, unrest within the facility, or specific care needs that cannot be provided at the current facility.
Procedure for transfer request
A transfer request is submitted to the selection officer, who is responsible for the placement and transfer of detainees. The selection officer will evaluate the request based on the grounds presented and applicable laws and regulations.
It must be a written request accompanied by a statement of reasons and all relevant documents and statements supporting the need for transfer.
The selection officer assesses the request on the basis of objective criteria, such as the availability of places in the desired facility, the seriousness of the reasons invoked, and the general interest of order and security within correctional facilities. If necessary, advice is sought from the director of the current facility or other relevant authorities.
The selection officer makes a decision which is communicated to the applicant in writing.
If the request is denied, the decision must be reasoned and include an explanation of the grounds for denial.
Objection and appeal
The detainee has the possibility to object to the placement decision of the selection officer. If a detainee himself/herself has submitted a request for transfer and this request is partially or completely rejected, he/she may appeal directly to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ). This right to direct appeal also applies when the director submits a transfer request and the detainee fully agrees to it, or when the detainee has expressed his/her objections to the transfer request prior to the decision. In all other situations, the detainee must first object to the selection officer before further steps can be taken. It is advisable to hire a lawyer. The lawyers at Kötter, L'Homme & Plasman advocaten will help you.
Lawyer transfer needed?
Do you have questions or would you like to seek legal help immediately? If so, please contact our office. You can email us at info@klpadvocaten.nl or contact us by phone during business hours at 020-6731548. For urgent matters, such as an upcoming arrest, please reach us at our emergency number 06-24428734.
