In Utrecht, convicted persons with a prison sentence longer than 1 year may qualify for conditional early release (VI). This means they do not have to serve the final part of their sentence in detention.
What does VI entail?
Conditional early release, as regulated in article 6:2:10 of the Code of Criminal Procedure, offers the possibility to be released earlier than the official end date of the sentence. It is not an automatic right, but a conditional release that depends on various factors.
When do you qualify for VI?
- For sentences of 1 to 2 years: after 1 year of detention
- For sentences longer than 2 years: after two thirds of the sentence period
- Maximum VI period: 2 years
Conditions for VI
Obtaining VI is not guaranteed. The main criteria are:
- Positive behaviour during detention
- Active participation in reintegration programmes
- A favourable risk assessment by the probation service
- Taking into account the interests of any victims
Probationary Period and Special Conditions
During the VI period, a probationary period applies with possible obligations such as:
- Not committing new criminal offences
- Regular contact with the probation service
- Prohibition on contact with victims
- Prohibition on presence in certain areas
- Mandatory treatment or therapy
Revocation of VI
If the conditions are breached, the VI may be revoked. In that case, the convicted person must return to prison to serve the remaining sentence.
Exclusions
Certain situations may lead to exclusion from VI, such as:
- Escape or attempted escape
- Violence against prison staff
- Refusal to cooperate with reintegration
Frequently Asked Questions about VI in Utrecht
Do I qualify for conditional early release?
If your prison sentence is longer than 1 year, you may be eligible for VI. For sentences of 1-2 years, this applies after 1 year; for longer sentences, after two thirds of the time. Conditions such as good behaviour and a positive assessment by the probation service are essential. Serious incidents during detention can block VI.
What if I breach the VI conditions?
Breaching the conditions may lead to revocation of your VI. You must then return to prison to serve the rest of your sentence. This includes violations such as new crimes or ignoring a reporting obligation.
Can I object to a rejection of VI?
Yes, you can file an objection against a rejection by submitting an objection letter to the Custodial Institutions Agency (DJI). This must be done within six weeks of the decision. Engaging a lawyer is recommended.
How long is the probationary period for VI?
The probationary period corresponds to the period of early release. For example, for 8 months of VI, the probationary period is 8 months. During this time, you must comply with all conditions.
What are common VI conditions?
Common conditions include: not committing new offences, maintaining contact with the probation service, no-contact orders with victims, location restrictions, and mandatory treatments such as therapy.
Relevant Institutions in Utrecht
For legal questions or support in Utrecht, you can contact:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht