The prisons in the Netherlands are overflowing. State Secretary Ingrid Coenradie consequently announced in late 2023 that certain categories of detainees would henceforth be permitted to leave three days earlier. Meanwhile, the prison system has reached a 'code black' situation, prompting the State Secretary to propose extending this 'end leave' to two weeks. These are politically sensitive measures, particularly for parties that advocate for stricter sentences that are served in full. PVV leader Geert Wilders responded on X with "No way!" to the proposal, despite it coming from his own State Secretary. But how should this proposal be considered in light of the cell shortage? Is such a regulation actually effective, or are there better solutions? NEMO Kennislink spoke with Sanne Struijk, Professor of Penal Law at Erasmus School of Law, about this issue.
According to Struijk, the cell shortage is not an unexpected development. "In the prison system, it always moves in waves," she explains. "One moment there are too many cells, a few years later there are too few." In 2015, the Netherlands still had a cell surplus and even housed Norwegian and Belgian prisoners here for a fee. That situation has now completely reversed.
A shortage – but why?
According to Struijk, the cell shortage is not due to the Netherlands suddenly becoming more criminal. "It's not that crime rates have increased," Struijk emphasises. The actual causes are more structural in nature. For instance, prisons have been closed in the recent past, judges have begun imposing harsher sentences, and the conditional release scheme has been tightened.
"Judges still impose short-term prison sentences in most cases. However, in a small number of cases in recent years, very long, if not life sentences are increasingly being imposed," says Struijk. Additionally, the number of combination sentences—a prison sentence followed by TBS (involuntary psychiatric treatment)—has increased. "And in that combination, the prison sentence is served first, until two years before its expiration. Thus, the longer the imposed prison sentence lasts, the greater the pressure on occupancy in penitentiary institutions (PIs)." Furthermore, there is also a shortage of places in TBS institutions. "As a result, TBS transferees are compelled to remain longer in the PIs."
Moreover, staff shortages play a significant role. "As everywhere in the Netherlands, staff shortages in prisons have also increased," says Struijk. "There are many older guards who are retiring. And young people more frequently choose other, better-paid jobs, such as in private security. Without sufficient staff, the daily programme becomes compromised, and in extreme cases, fewer detainees can be accommodated, regardless of the number of buildings that could be reopened or added as an emergency solution."
Early release – does it have an effect?
The question is whether measures such as earlier release of detainees truly resolve the problem. Struijk is clear about this: "No, it is not yet known how much capacity would be freed by this. Regarding the current 'release three days earlier' policy, the State Secretary indicated in December that this was expected to yield four prison places on an annual basis. That is merely a drop in the ocean. It has also not prevented the occurrence of a 'code black' situation in December."
She likewise rejects the idea of placing more detainees together in a single cell. "Our cells are constructed for one person. In some cells, however, double occupancy is possible, the so-called multi-person cells. These will be utilised more frequently in the coming period, as announced by the State Secretary. But placement in such multi-person cells increases people's vulnerability. The risk of violence increases." Moreover, the proposal demands more from already overburdened staff. "It makes quite a difference whether you open the door of a cell with one or with multiple occupants in the morning." In that context, according to Struijk, the idea of eight-person cells suggested by a PVV parliamentarian is completely unfeasible.
Alternatives: from ankle monitors to community service
According to Struijk, we need to reconsider our approach to punishment. Particularly for minor offences, incarceration is not always necessary. "Moreover, in the Netherlands, many people are held in pre-trial detention. This occurs more frequently here than in other countries." Belgium and Germany more often employ alternatives, such as electronic monitoring.
Alternative possibilities also exist after conviction. "Judges could more frequently impose community service orders or suspended sentences, with probation supervision." These sanctions prove effective and are less lenient than they appear: "Suppose you receive a 120-hour community service order, distributed over eight-hour days. In addition to your regular employment. With one day of community service each week, you are occupied for fifteen weeks." The advantage is that these alternatives primarily apply to less serious offences—the vast majority of crimes. "This ensures space remains within prison walls for perpetrators who have committed serious violent or sexual offences."
Hopeful developments
Nevertheless, there is also room for optimism. "At the front end, consideration is being given to reducing short-term imprisonment through alternative sanctions," Struijk explains. "Additionally, legislation is being developed to establish electronic home detention as a primary sanction." In such cases, an individual would not need to physically enter prison at all; instead, the sentence would be served at home under electronic monitoring. According to Struijk, such experimental approaches could potentially offer genuine relief to the system over time.
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