Made Available To Detainees Under Framework Act Nursing

Original Language Title: Beginselenwet verpleging ter beschikking gestelden

Read the untranslated law here: http://wetten.overheid.nl/id/BWBR0008765/2015-07-01/0

Law of 25 June 1997 laying down a Framework Act made available to detainees under a nursing and other criminal rechtstoepassing patients and thus related changes of the Penal Code and the framework act prison system (made available to detainees under a nursing Framework Act) we Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All who read this will see or hear, greetings! do: So We have considered, that it is desirable to lay down rules about the principles on which the devices for nursing in nursing care of detainees under available and the legal status of patients, in particular of the detainees under that in judicial establishments referred to in article 90quinquies, paragraph 2, of the criminal code, are nursed , and in this connection, some provisions of the Penal Code and the framework act prison system;
So it is, that we heard, the Council of State, and with agreement of the States-General of the Netherlands, as we find good goedgevonden and have understood and understand to this: chapter I DEFINITIONS Article 1 In this law and the resting provisions, the following definitions shall apply: a. the Minister: the Minister of Justice;
b. devices for nursing care of detainees under available: an establishment covered by article 0 d, paragraph 1, of the Penal Code;
c. private establishment: an establishment covered by article 90quinquies, paragraph 1, in conjunction with article 0 d, first paragraph, point (a) of the Penal Code;
d. establishment: a judicial device for nursing care of detainees under the disposal referred to in article 90quinquies, paragraph 2, of the Penal Code;
e. National establishment: an establishment covered by article 90quinquies, paragraph 2, in conjunction with article 0 d, paragraph 1 (b) of the criminal code;
f. judicial private establishment: an establishment covered by article 90quinquies, paragraph 2, in conjunction with article 0 d, first paragraph, point (a) of the Penal Code;
g. head of the establishment: the head of the establishment, in which the inmate is included, as well as his replacement as referred to in article 6, paragraph 4;
h. head of the device for nursing care of detainees under available: the head of the establishment referred to in g or in the case of a posted in a private establishment, other than a judicial private establishment, is included, the head of that establishment as well as for the treatment of the person responsible;
i.: a made available made available in respect of whom an order for care by the public authorities referred to in article 37b or 38 c of the Penal Code;
j.: a person who nursed in an establishment;
k. staff member or employee: a person, who performs a task in the framework of the implementation of a custodial sentence or measure in an establishment for nursing care of detainees under available;
l. probation worker: a probation worker referred to in article 6, paragraph 1, of the probation scheme 1995;
m.: provider of legal assistance before the lawyer or the employee of the Foundation, referred to in article 22, paragraph 1, of the law on legal aid;
n. Council: the Council for criminal rechtstoepassing and youth protection;
o. Committee: a Committee referred to in article 67, paragraph 2;
p. Supervisory Committee: a Committee referred to in article 10;
q. statement: a by a professional Commission following a complaint or by a posted or otherwise submitted wailing or notice of appeal taken in decision;
r. complained Commission: a Commission referred to in article 59, paragraph 1;
s. Directors: the Board of the legal person who manages a judicial private establishment;
t. danger: 1. risk of the nursed, it causes, which includes: a. the risk that the inmate committed suicide will Rob or inflict grievous bodily harm will himself;
b. the danger that nursed socially perishes;
c. the risk that the inmate will severely neglect himself;
d. the danger that nursed with bothersome behavior aggression of others will call.
2. risk of one or more others, which includes: a. the danger that nursed another of life will Rob or inflict grievous bodily harm will him;
b. the danger for the mental health of another;
c. the danger that nursed another, which has been entrusted to its care, will neglect.
3. danger for the General safety of persons or property;
you. Nursing: the set of acts, aimed at: 1 °. the protection of society against the danger of the nursed for the safety of others than the inmate or the General security of persons or property, and 2 °. the care of the nursed during the execution of the custodial penalty or measure, including doing a range of the nursed through promoting and facilitating its handling;
v. treatment: the set of acts, aimed at such a reduction of the danger arising from the impairment of the spirit power of the nursed for the safety of others than the inmate or the General security of persons or property that the retention of the nursed in the society is justified;
w. nursing/treatment plan: a plan referred to in article 16, paragraph 1, such as that in respect of an inmate;
x. nursed file: a file referred to in article 19, paragraph 1;
y. evaluation report: a report referred to in article 18, paragraph 2;
z. personal Lounge: the lounge area referred to in article 16, paragraph 1;
AA. isolation: to insert a nursed in a common living room or lounge area, including the personal residence space, by way of derogation from the rules in force in the establishment;
BB. separation: to insert a nursed in a special lounge intended for separation;
CC. House rules: rules referred to in article 7, paragraph 1.
CHAPTER II. OBJECTIVE, DESTINATION management, monitoring and paragraph 1. Objective Article 2 1 the enforcement of a custodial sentence or measure at a facility made available as much as possible for nursing care of detainees under bondage to the treatment of the condemned and the preparation for his return to society, having regard to the nature of the custodial penalty or measure. In the granting of freedoms available to detainees under shall take into account the safety of society and the interests of victims and survivors.
2 Persons in respect of whom the enforcement of a custodial sentence or measure in an establishment for nursing care of detainees under, available to no other restrictions than those for the purpose of detention or in the interest of the maintenance of order or the safety of the device for nursing care of detainees under disposal are necessary.

Paragraph 2. Destination and management Article 3 1 the establishments from establishments referred to in article 3, paragraph 1, of the framework act separated Penitentiary. Our Minister can make an exception for certain establishments.
2 within one and the same establishment stay male and female patients separated from each other. Our Minister can make an exception for certain departments. The head of the establishment can patients of different sexes, which are not on the same section, the opportunity to participate together on certain activities or to carry out certain work.

Article 4 1 establishments are intended for inclusion of: a. persons, whose nursing by the Government on the basis of article 37b or 38 c of the Penal Code has been ordered;
b. persons referred to in articles 317 and 509g, 196 of the code of criminal procedure;
c. to custodial sentence convicts in respect of whom it has been decided to application of article 13 of the Penal Code;
d. available are detained in prison by the judge to whom a condition referred to in article 38a, paragraph 1, of the Penal Code has been made to include in an establishment;
e. persons to whom by the Court as special condition is imposed in order to be included in an establishment;
f. persons to whom article with application of the 77s of the Penal Code the measure of placement in a facility for juveniles has been imposed;
g. persons, who at his own request: 1 °. wish to continue their stay in an establishment or, 2 °. want to be included in an establishment again.
2 Inclusion in an establishment of the persons referred to in paragraph 1 (d), (e), and (g) under 2 °, and continuation of the stay of persons referred to in the first paragraph, point (g), under 1 °, shall be made not without permission of our Minister.
3 Inclusion in an establishment of the persons referred to in the first paragraph under g, under 2 °, and continuation of the stay as referred to in paragraph 1, point (g), shall be in writing under 1 °, only if they agree to it.

Article 5


1 nursing care of detainees under available in private establishments is only dedicated until further notice to legal entities established in Netherlands with full legal capacity whose intervention sustainable nursing care of persons with defective development or morbid disorder of the mind power belongs and that to this end, a mental hospital within the meaning of article 1 (h) of the Act on exceptional inclusions in psychiatric hospitals.
2 by order in Council be further rules regarding the designation as private furnishings and the follow-up to conditions. These rules may also concern the way in which the nursing and treatment takes place in the private establishments.
3 the management of a private design rests with the head of the establishment that is appointed by the Board as such.

Article 6 1 the Minister designates the devices intended for national design.
2 The upper management of the establishments rests with our Minister. By or pursuant to order in Council are made on the implementation of these arrangements. Our Minister may grant mandate concerning the powers conferred on him by or under this Act to adopt generally binding rules to the head of the Custodial establishments.
3 the management of a national design rests with the head of the establishment, which is designated as such by the Minister.
4 the head of the establishment, as far as the establishments with the permission of our Minister and as far as the judicial authorization of private establishments with the Board, one or more persons as his replacement.

Article 7 1 the head of the establishment shall, in addition to the rules laid down by or pursuant to this Act and in compliance with the in that regard by the Minister to establish model and by this to give directions, House rules for the establishment or one or more offices.
2 the head of the establishment made available for nursing care of detainees under the exercise of a power by or under this law or the fulfilment of a duty imposed by or under this Act, with the exception of the powers and obligations mentioned in the first, fourth or fifth member, transfer to staff members or employees.
3 the head of the establishment, to the extent necessary in the interest of the maintenance of order or the safety of the establishment or an undisturbed course of nursing, responsible to the patients to provide guidance. The patients are required to follow these guidelines.
4 as far as not otherwise provided in this law, are reserved to the head of the establishment: a. the decisions regarding placement or continuation of the stay on a Department of intensive care referred to in article 32;
b. the separation or the extension of the separation as referred to in article 34;
(c) a restriction of the right to inviolability of the body as referred to in articles 25 to 28;
d. the decision to carry out medical treatment as referred to in article 16b, (a) or (b);
e. decisions concerning the assignment of a child in the establishment covered by article 47;
f. decisions concerning disciplinary penalties referred to in articles 48 and 49.
5 at the head of the device for nursing care of detainees under available are reserved: a. the provisional transfer as referred to in article 14, paragraph 2;
b. decisions concerning leave and trial leave as referred to in article 50 article 51;
c. the hoorplicht referred to in article 53 and the obligation to provide information as referred to in article 54, as far as the head of the device for nursing care of detainees under the relevant decision itself takes respectively available.

Article 7a 1 the head of the device for nursing care of detainees under available reports unauthorized absence and other special events to our Minister.
2 the head of the establishment made available for nursing care of detainees under Our Minister at any time provided all requested information. Our Minister may establish detailed rules on the content and the notification format.

Article 7b 1 the head of the device allows for staff members and employees an emergency code in which guides how with signals of domestic violence or child abuse and that there is reasonably quickly and efficiently as possible to help so help can be provided.
2 under domestic violence is defined as: domestic violence referred to in article 1.1.1 of the social support by 2015.
3 under child abuse is defined as: child abuse referred to in article 1.1 of the Juvenile.
4 the head of the establishment promotes the knowledge and use of the sign code.
5 under or pursuant to order in Council determines which elements a reporting code in any case.

Paragraph 3. Monitoring Article 8 1 the Minister shall supervise the nursing care of persons with regard to whom the enforcement of a custodial sentence or measure in a private establishment takes place.
2 The officials appointed for that purpose by the Minister all relevant information and have access at all times to such a device. They are, under obligation of secrecy vis-à-vis third parties and in so far as this is reasonably necessary for the performance of their task, on persons referred to in the first paragraph-related pieces.
3 by or pursuant to order in Council be rules about keeping notes as referred to in article 509o, second paragraph, under 2 °, of the code of criminal procedure and the statement of other important occurrences in devices for nursing care of detainees under available in a register, the model for which shall be determined by the Minister.

Article 9 the Council deals with appeals under the chapters XV and XVI.

Article 10 1 At each facility by our Minister a Supervisory Committee.
2 The Committee shall: a. to monitor the mode of enforcement of custodial sentences and measures in the establishment;
(b) take note of the objections raised by patients and, if necessary, in this respect between an inmate and the head of the establishment to mediate;
c. to arrange for their treatment of Western rules pursuant to the provisions of chapter XIV;
d. to the Minister, the Council and the Board to give advice and information about subparagraph (a).
3 If the opinion or the information concerning a judicial private décor and are intended for the Minister or the Council, the Commission adds the relevant comments of the management concerned in doing so, unless in the opinion of the Minister or the Commission special urgency is the Board his comments in the Committee's opinion in writing within a reasonable period of time.
4 the Commission by personal contact with the patients regularly informed about among them living wishes and feelings. One of its members to acts in turn as month Commissioner.
5 by order in Council be rules on the powers, composition and working methods of the Commission, the appointment and dismissal of its members as well as on the activities of the month Commissioner.
CHAPTER III. PLACEMENT and TRANSFER detainees under Article 11 1 the placement of available at a facility made available for nursing care of detainees under is made on the last of our Minister. The décor is required the person concerned. The decor is also obliged to take detainees under available to who on the basis of a court ruling referred to in article 38 of the criminal code the condition is stated to be included with a designated establishment by the Court.
2 when the goods are in any case be considered: a. the requirements of the protection of society against the danger of the posted for the safety of others than the posted or the General security of persons or property;
(b) the requirements of the treatment of the posted in view of the nature of the observed lack of development or with him morbid disorder of his mind capabilities.
3 with regard to the transfer of detainees under available to another device for nursing care of detainees under available are the first and second paragraphs shall apply mutatis mutandis.
4 related to the referred to in the second paragraph, requirements can Our Minister at the placement or transfer conditions to which the nursing of the posted.
5 under or pursuant to order in Council can further rules concerning the placement and reassignment, respectively referred to in the first paragraph, and the way in which the transport of the posted or otherwise nursed takes place.

Article 12 1 the placement of a posting shall be made available before the term of six months has been running.
(2) if the Minister, taking into account the requirements set out in article 11, paragraph 2, considers that the placement is not possible within the time limit laid down in the first paragraph, he can extend this period by three months each time.

3 with a decision to extend as referred to in the second paragraph shall be vindicated the refusal within the time limit referred to in the first paragraph to decide.

Article 13 1 Our Minister may determine that a temporarily nursed or otherwise made available for a period of up to seven weeks for observation is placed in a different design for nursing care of detainees under available or a psychiatric hospital or a device intended to clinical observation, by the Minister in accordance with article 198, paragraph 3, of the code of criminal procedure designated. If the posted or otherwise not to another establishment for inpatient nursing care of detainees under available is transferring, he returns after the expiry of that period, to the establishment in which he was taken back.
2 our Minister may, if this is with a view to the preparation of the return of the posted or otherwise nursed to the establishment in which he was included is necessary, the term referred to in paragraph 1, with a maximum of four weeks.

Article 14 1 if the nature of the observed at the posted or otherwise in poor development or morbid disorder of his mind capabilities, Our Minister can determine that the posted or otherwise nursed to a mental hospital within the meaning of article 1 (h) of the Act on exceptional inclusions in psychiatric hospitals, not being a device for nursing care of detainees under available , will be transferred to there as long as necessary, to be nursed.
(2) if the decision of the Minister cannot be seen, the head of the device for nursing care of detainees under a provisional decision made available.

Article 15 1 by or pursuant to order in Council are detailed rules of the placement and transfer of detainees under available.
2 by order in Council be made available to the transfer of detainees under rules with a view to the commencement or continuation of the implementation of the order to nursing and the procedure to be followed at unauthorized absence of available are detained in prison.
CHAPTER IV. Nursing, TREATMENT and EVALUATION Article 16 1 the head of the establishment shall ensure that as soon as possible and in any case within three months after entry of the nursed in the establishment, in consultation with him, a nursing/treatment plan is determined. He rejects any nursed a personal residence space and shall ensure that this is properly decorated. Our Minister shall adopt rules on the requirements to be a lounge.
2 the treatment plan, referred to in paragraph 1, is aimed at such elimination of the danger that the disorder of the mind does cause, that posting the nursed capabilities can be stopped or conditionally can be ended. If possible, it shall do so by treating the disorder. If this is not possible, it shall do so by the otherwise eliminate the danger.
3 by order in Council of the rules are requirements that a nursing/treatment plan at least must fulfil and the requirements that a change thereof must be adhered to.
4 Before the nursing and treatment plan is fixed, consulted with: a. the curator, if the inmate is placed under guardianship;
b. the mentor, if for the benefit of the nursed a mentorship is set;
(c) the parents or guardian, if the inmate is a minor.

Article 16a treatment of the nursed takes place only place: a. as far as this is provided for in the treatment plan b. If the consultation about the treatment plan referred to in article 16, first or fourth member, has led to an agreement, and c. If the nursed or, where applicable, the person referred to in article 16, paragraph 4, is not opposed to treatment resistance.

Article 16b if not satisfy the conditions laid down in article 16a, parts b and c, can nevertheless take place: a. treatment as a last resort as far as plausible is that without that treatment the danger that the disorder of the mind does not cause the nursed capabilities within a reasonable time can be eliminated, or b. If the head of the establishment has taken a decision to do so and this, in the opinion of a doctor is absolutely essential to the danger that the disorder of mind power the nursed inside the establishment cause, does.

Article 16 c 1 treatment in accordance with article 16b, (a) takes place after a written decision of the head of the establishment in which the term is to be valid.
2 for the purposes of the decision referred to in the first paragraph should be presented a statement from the treating psychiatrist and a declaration of a psychiatrist who nursed to that recently has examined but not in his treatment was involved. From these statements is to show that the person to whom the statement was disturbed in his mind capabilities and that a case referred to in article 16b, (a) occurs. The reasons on which they are based and signed statements.
3 the decision referred to in the first paragraph shall be reported to the Chairman of the Committee of supervision. The President of the Commission without delay a notification to the month does supervisory Commissioner.
4 the time limit referred to in the first paragraph is as short as possible, but no longer than three months from the day on which the decision is made. The head of the decor does a copy of the decision to the inmate or the person referred to in article 16, paragraph 4.
5 If, after expiration of the time limit referred to in the first paragraph, continued treatment is needed in accordance with article 16b (a), it shall do so only on the basis of a written decision of the head of the establishment. The provisions of the preceding sentence shall also apply if, within six months of the end of the time limit referred to in article 16b, again under a, treatment is required. The head of the establishment gives in its decision to why still the intended effect of a treatment is expected. In such decisions is the fourth paragraph, second sentence, shall apply.
6 by order in Council be further rules concerning the application of the first, second, fourth and fifth member as well as on the application of article 16b (b). 7 these rules referred to in paragraph 6 concerning the notification and in any case the registration of the treatment as well as the task of the attending physician. In addition, categories of treatment means or measures are designated which may not be applied to a treatment referred to in article 16b. In order in Council may also, in respect of categories of treatment means that rules or measures are given with regard to the way in which to apply it should be decided.

Article 17 1 the treatment takes place because of the decor. If a portion of the treatment not because of the furnishings may be carried out, the head of the device make sure that this can be carried out by a duly qualified third.
2 the head of the establishment shall ensure that the treatment takes place in accordance with the nursing and treatment plan.

Article 18 1 The inmate is entitled to a periodic review by the head of the establishment of the course of nursing and treatment. This evaluation takes place at least once a year and, if the inmate is a made available, at least in time for the preparation of an opinion referred to in article 509o, second paragraph, 1 °, of the code of criminal procedure.
2 the head of the establishment shall ensure that a report of each evaluation is made and that this report as soon as possible with the nursed is discussed.
3 If the inmate is of the opinion that the evaluation report factually incorrect or incomplete, he has the right to comment on the report in writing. If the evaluation report is improved or supplemented in accordance with the comments, the head of the device make sure that the comment to the evaluation report is attached.
4 by order in Council of the rules procedure that should be followed in relation to the evaluation and the demands on the report are to be provided, it shall, at least.

Article 19 1 the head of the establishment shall ensure that serving the nursing and the treatment of the nursed a file is laid out, in which at least the following information is recorded: a. reports released by or to the Interior on the implementation of the custodial penalty or measure imposed to the inmate;
b. the nursing/treatment plan;
c. written summaries of discussions as far as related to the adoption and the amendment of the nursing/treatment plan;
d. evaluation reports;
e. opinions and endorsements referred to in article 509o, paragraph 2, of the code of criminal procedure;
f. recording and dismissal data;
g. the notation about the imposition of a disciplinary penalty referred to in article 49, paragraph 7.

2 by order in Council be further rules on the requirements that must be met, at least in the file the information in it should be logged, the time frame during which the file is to be saved, in the way in which it nursed file should be managed, preserved and, at the end of the retention period, destroyed, as well as the transfer of data in the event of a transfer of the nursed.
3 pursuant to the provisions of article 464 of book 7 of the Civil Code articles 454 and 455 of this book not apply mutatis mutandis.

Article 20 1 The nursed has, subject to the Member in accordance with the second and third paragraphs to set limitations, right of access of the data recorded in the in file.
2 the head of the establishment may request the nursed to remember him this specific information, if this is necessary to avert serious danger to the safety or the maintenance of order in the establishment or for the protection of the privacy of others than the nursed.
3 the head of the establishment the right of access of evaluation reports can be limited to one made summary, if the nursing requires it.
4 the head of the establishment can, in case of application of the second or third member, a person authorised by the nursed do take note of the information which the notification to the inmate.
5 as regards the nursing/treatment plan and the evaluation report includes the right of access also the right to receive a copy.
6 pursuant to the provisions of article 464 of book 7 of the civil code is not article 456 of this book shall apply mutatis mutandis.
CHAPTER v. Article 21 1 USE the right CONTROL and VIOLENCE of the nursed on inviolability of his body, his body secreted substances, his clothes and his personal residence space can be limited in accordance with the provisions of this chapter.
2 the right of the posted on inviolability of his body can be limited in accordance with the provisions of article 30.

Article 22 1 the head of the establishment shall, on initial recognition in the establishment, in the implementation of an order referred to in article 2, first paragraph, introductory wording, the law's DNA testing at convicts and as far as this is necessary, otherwise the identity of the nursed.
2 determining the identity of the nursed includes on initial recognition in the establishment the ask his name, first name, date of birth and place of birth, the address where he is registered in the basic registration persons and address of his actual residence outside the establishment. It also includes taking one or more fingerprints. In cases where the inmate in accordance with the code of criminal procedure before fingerprints were taken and processed, includes the determination of his identity upon entering the decor a comparison of his fingerprints with fingerprints processed from him. In the other cases the determination of his identity an examination of identity card referred to in article 1 of the Law on the identification requirement. Article 29a, paragraph 2, of the code of criminal procedure shall apply mutatis mutandis.
3 establishing the identity of the nursed includes in the cases other than the first recording in taking one or more fingerprints and comparing that with the fingerprints taken from him upon entering fingerprints. In the implementation of an order referred to in article 2, first paragraph, introductory wording, of the law be of the DNA research at convicts also nursed one or more fingerprints taken and processed in accordance with the code of criminal procedure.
4 the head of the establishment shall have jurisdiction of the nursed one or more photos. The photos can be used for manufacturing a ID and for the prevention, detection, prosecution and trial of criminal offences. The inmate is required to wear the ID with him and at the request of a staff member or employee.
5 under or pursuant to order in Council be rules for processing the personal data referred to in the second to fourth member.

Article 23 1 the head of the establishment is responsible for serving a nursed on entering or leaving an establishment, prior to or at the end of visit, or if otherwise necessary in the interest of the protection of society against the danger of the nursed for the safety of others than the inmate or the General security of persons or property or the maintenance of order or security in the establishment , to its body or to his clothing.
2 the research to the body of the nursed includes the external chimneys of the openings and cavities of the body of the nursed. The research to the clothing of the nursed includes the examination of the objects that the inmate is carrying or along with it.
3 the research to the body of the nursed is on decided places and, to the extent possible, by persons of the same sex as the inmate.
4 If in any investigation to the body or clothing items are found that are not in the possession of the inmate may be is the head of the establishment authorized confiscated. This power includes removing these objects from the openings and cavities of the body as far as this can take place without the use of tools. He takes care that these objects, or issue a proof of receipt be retained for the benefit of the nursed, either with the permission of the nursed in his presence be destroyed, either to a law enforcement officer made with a view to the prevention or investigation of criminal offences.

Article 24 1 the head of the furnishings may, where this is necessary in the interest of the maintenance of order or security in the facility or in connection with the granting of leave, a require to donate for urine in an investigation of urine for the presence of framing that means.
2 the Minister shall adopt detailed rules on the detailed arrangements for the urinalysis. These rules concern in each case the right of the inmate to know the results and a review of its own account the urine disposed to take place. Article 23, paragraph 3, shall apply mutatis mutandis.

Article 25 1 the head of the establishment may provide that a nursed in the body is examined, if this is necessary to avert serious danger to the safety or the maintenance of order in the establishment or serious risk to the health or safety of the nursed. The research in the body shall be carried out by a physician or, in his command, by a nurse.
2 the head of the Department where the inmate can at urgency take a decision as referred to in the first paragraph.
3 If the investigation in the body are found objects that are not in the possession of the nursed, and these objects by the doctor or nurse can be removed from the body, is the head of the establishment authorized confiscated. Article 23, paragraph 4, last sentence, shall apply mutatis mutandis.

Article 26 1 the head of the furnishings may require a nursed to tolerate that in respect of a particular medical supply him not being a treatment referred to in article 16b, or (b) in the opinion of a doctor if that Act is absolutely essential to avert danger to the health or safety of the nursed or of others. The Act is carried out not being a treatment referred to in article 16b, (a) or (b) by a doctor or, in his command, by a nurse.
2. Article 25, paragraph 2, shall apply mutatis mutandis.
3 by order in Council be further rules concerning the application of paragraph 1. In any case, these rules concerning the application and the registration of the medical act. The order in Council does not occur earlier than eight weeks after the date of issue of the Official Gazette in which he is placed. The placement shall be immediately notified to the two rooms.

Article 27 1 the head of the establishment may provide that a nursed during the separation by confirmation of mechanical means to his body for a period of up to twenty-four hours in his freedom of movement is restricted, if that restriction is necessary to avert a serious risk to his health in the outgoing or safety or that of others. The head of the establishment shall inform the doctor or his Deputy and the Committee of Trustees of the confirmation without delay.
2 In case of application of article 34, paragraph 3, the head of the Department where the inmate stay with urgency a decision as referred to in paragraph 1. The head of the facility, the doctor or his Deputy and the Supervisory Commission be immediately.

3 the head of the establishment, the confirmation of mechanical means to the body of the nursed each time with not more than twenty-four hours. The decision to extend is taken after consultation with a doctor connected to the decoration.
4 the Minister shall adopt detailed rules concerning the confirmation of mechanical means to the body.

Article 28 1 the head of the establishment may provide that a on avert or reduce dangerous behavior-oriented intervention in the body of an inmate, the consequences of which, is to provide, not be undone, is provided.
2 A procedure as referred to in paragraph 1 shall be applied only if: a. the doctor who intends to perform the surgery the nursed has informed of the nature and consequences of the intervention;
b. the inmate has declared in writing to accept the procedure;
c. a period of fourteen days is observed between the consent of the inmate and the implementation of the procedure.
3 a doctor who plans a procedure as referred to in paragraph 1 to carry out the procedure on the subject should seek advice from a doctor not connected to the decoration.

Article 29 1 the head of the establishment is, jurisdiction shall lie with the individual Lounge a nursed on the presence of objects, which are not in its possession, to examine: a. where this research takes place in the framework of the general monitoring of the presence of prohibited items in individual rooms of patients;
b. If this otherwise necessary for the purposes of an interest referred to in article 23, paragraph 1.
2. Article 23, paragraph 4, first and last sentence, shall apply mutatis mutandis.
3 the head of the Interior is empowered to examine the personal residence space of a nursed on the presence of objects on which presumably cell material of the nursed is present and to confiscate these objects, if the Prosecutor him under article 6, first paragraph, of the law DNA testing for convicts an instruction to take these objects.

Article 30 1 the head of the Interior is empowered to use force against an inmate or to restrict a means, as far as this is necessary to apply one of the following interests: a. the maintenance of order or security in the establishment;
b. the implementation of a decision taken under or pursuant to this Act;
(c) the prevention of the abstraction of a nursed him to the oversight;
d. the implementation of a law pursuant to the code of criminal procedure or DNA testing for convicts by the Prosecutor or the judge decision taken.
2 the head of the device for nursing care of detainees under the disposal is authorized in respect of a use of force or restrict a person made available means in order to interest as referred to in paragraph 1, (b) or (c). 3 at the use of force goes as a possible warning in advance. The one who has used violence makes immediately a written report and does this report immediately to the head of the device for nursing care of detainees under available.
4 the Minister shall adopt detailed rules on the use of force and to restrict the use of resources.
CHAPTER VI. FREEDOM OF MOVEMENT WITHIN the ESTABLISHMENT Article 31 1 the freedom of movement of patients within the facility can be both by section as per nursed differences.
2 A nursed save in the case of application of article 34 or 32, 49, first paragraph, (a) the right in a total of at least four hours per day along with one or more fellow patients.
3 the placement and transfer to a Department shall be made by the head of the establishment in accordance with the following interests: a. the protection of society against the danger of the nursed for the safety of others than the inmate or the General security of persons or property;
b. the maintenance of order or security in the establishment;
c. implementation of the nursing/treatment plan.
4 the head of the structure to the placement on a Department, to the extent that such an extension of the freedom of movement, conditions. These conditions may include the obligation for an inmate to certain activities or work or to work.

Article 32 1 the head of the establishment can be a nursed on a designated as such by the Minister Department for intensive care places, where this is necessary with a view to one of the following interests: a. the protection of society against the danger of the nursed for the safety of others than the inmate or the General security of persons or property;
b. the maintenance of order or security in the establishment;
c. the avert serious danger for the health of the inmate.
2 the head of the establishment determines each time after not more than six months or continuation of the stay on the Department for intensive care with a view to an interest referred to in the first paragraph is necessary.
3 A nursed, which on a Department for intensive care stay, shall have the right at least half an hour twice per day along with one or more fellow patients.

Article 33 if the freedom of movement which the inmate on the basis of the rules laid down by or pursuant to this law is entitled, is not limited to the Department where he is staying, the head of the establishment in such a restriction can nevertheless each time for a period not exceeding four weeks, if this is necessary to apply an interest referred to in article 32 , first paragraph.

Article 34 1 the head of the establishment is responsible for serving a separate or separable nursed, where this is necessary for the purpose of an interest referred to in article 32, paragraph 1.
2 an uninterrupted stay in isolation or separation shall not exceed four weeks, subject to extension in accordance with the provisions of paragraph 4.
3 the head of the Department where the inmate can take the decision to responding to urgent necessity separation for a period of not more than fifteen hours.
4 the head of the establishment, the isolation or separation each time, with written permission of the Minister extend by a maximum of four weeks.
5 the head of the establishment shall ensure that, in the event of the separation lasts longer than 24 hours, a doctor connected to the decoration and the Monitoring Committee shall, without delay, be notified.
6 the head of the establishment shall ensure that in case of isolation or separation the necessary contact between staff members or employees and nursed is guaranteed and to nature and frequency on the situation of the nursed.
7 the Minister shall adopt detailed rules on the application of the isolation or separation. These rules concern in each case the rights during the isolation or separation to the inmate.

Article 34a 1 the head of the establishment can, if this is to protect the mental or physical state of the nursed is necessary, determine that the inmate that in isolation or separation will stay, day and night by means of a camera is observed.
2 before he decides to do so, he wins the opinion of the psychiatrist responsible respectively for the treatment a doctor connected to the décor, unless this opinion can not be seen. In that case, wins the head of the establishment the advice as soon as possible after his decision.
CHAPTER VII. CONTACT with the OUTSIDE WORLD in accordance with Article 35 1 The inmate has, subject to the second through the fifth member to set limitations, the right letters and to send and receive documents by post. The related costs, unless the head of the establishment provides otherwise, for the account of the nursed.
2 the head of the establishment is authorized envelopes or other mail items originating from or intended for patients for the presence of enclosed objects to investigate and to open to do this. The opening shall be effected, as far as possible, in the presence of the inmate concerned. In article 4, paragraph 1, point (g), patients referred to this privilege applies only if the district judge of the Court of the Hague to the last.
3 the head of the establishment is authorized on the contents of letters or other mail items originating from or destined for the nursed each time for a period of up to four weeks to monitor, where this is necessary with a view to one of the following interests: a. the protection of society against the danger of the nursed for the safety of others than the inmate or the General security of persons or property;
b. the maintenance of order or security in the establishment;
c. the avert serious danger for the health of the inmate;
d. the protection of victims of or otherwise involved in by a ground in crime;
e. the prevention or investigation of criminal offences.
4 the monitoring referred to in paragraph 3, may be restricted to certain persons or bodies.
5 the head of the furnishings may dispatch or presentation of certain letters or other mail pieces as well as enclosed objects refuse, if this is necessary to apply an interest referred to in paragraph 3.

6 the head of the establishment shall ensure that the documents not issued letters or other mail or included objects, either be given back to the inmate or on his behalf shall be returned to the sender or another address designated by the inmate, or issue a proof of receipt be retained for the benefit of the nursed , either with the permission of the nursed in his presence be destroyed, either to a law enforcement officer made with a view to the prevention or investigation of criminal offences.

Article 36 1 the provisions of article 35, third to the fifth member, does not apply to letters, by the nursed addressed to or submitted by: a. members of the Royal House;
b. the first or Tweede Kamer der Staten-Generaal, a Commission or members thereof;
c. Our Minister;
d. judicial authorities;
e. the national ombudsman;
f. the medical health inspectors;
g. the Council, a Commission or members or members thereof;
h. the Commission of monitoring or a complaint Commission, or members thereof;
i. his provider of legal assistance before;
j. his probation officer;
k. the Board, as far as a judicial private establishment;
l. other by the Minister or the head of the establishment to designate persons or bodies.
2 for the purposes of paragraph (d) shall be under judicial authorities include: organs empowered by a law or an applicable in Netherlands are competent to hear complaints or treat with a complaint commenced business.
3 our Minister may establish detailed rules on the method of shipment of letters to and by the persons referred to in the first paragraph and agencies.

Article 37 1 The inmate has the right at least for one hour per week on in the House rules set times and places to visit. In the House rules are rules about applying for visit.
2 the head of the establishment, the number of people at the same time to enable the nursed, where this is necessary in the interest of the maintenance of order or security in the establishment.
3 the head of the establishment or of admission to inpatient visit can by a certain person or certain people each time for a period not exceeding four weeks refuse, if this is necessary to apply an interest referred to in article 35, paragraph 3.
4 the head of the establishment may provide that during the visit is supervised, if this is necessary to apply an interest referred to in article 35, paragraph 3. This monitoring can include listening to or recording the conversation between a visitor and the nursed. In communication are invited to in advance of the nature and cause of the supervision.
5 Each visitor upon entering to legitimise properly. The head of the device can determine that a visitor to his clothing is tested for the presence of objects that a hazard for the order or security in the establishment. This research can also refer to objects by the visitor they have brought with them. The head of the establishment is authorized such objects for the duration of the visit to take among themselves against issuing a proof of receipt or to a law enforcement officer in hand with a view to the prevention or investigation of criminal offences.
6 the head of the establishment can visit within the designated end time and the visitor from the facility do delete, if this is necessary to apply an interest referred to in article 35, paragraph 3.
7 in article 36, paragraph 1, (g) and (h) persons and bodies have access at all times to the inmate. The other persons referred to in that paragraph and agencies have access to the nursed on in the House rules set times and places. During the visit they can maintain themselves freely with the inmate, subject in the case of the nursed a serious danger for the safety of the visitor.

In accordance with article 38 1 The nursed has, subject to the the second through the fifth member to set limitations, the right at least once a week for ten minutes one or more phone calls with people outside the establishment. In the House rules are the times and places as well as for the call or calls to use instrument designated. The related costs, unless the head of the establishment provides otherwise, for the account of the nursed. In connection with the exercise of supervision referred to in the second paragraph, phone calls are recorded.
2 the head of the establishment may provide that on the by or with a nursed padded phone calls monitoring, where this is necessary to the identity of the person with whom the inmate to determine or make a telephone call in order to interest referred to in article 35, paragraph 3. This monitoring can include listening to a phone call or the uitluis of a recorded phone call. Shall be notified to the person concerned of the nature and cause of the supervision. In order in Council are detailed rules on the recording of phone conversations and storing and providing recorded phone calls.
3 the head of the furnishings may make phone calls or a particular phone conversation each time for a period not exceeding four weeks refuse or end a phone call within the appropriate time, if this is necessary to apply an interest referred to in article 35, paragraph 3.
4 The inmate has the right in article 36, paragraph 1, with the mentioned persons and bodies to make telephone calls on in the House rules set times and places. On these talks is no other than is necessary to control the identity of the person or body with whom the inmate make a telephone call or want to carry.

Article 39 1 the head of the furnishings may give permission for the conduct of a conversation between the inmate and a representative of the media, as far as this is compatible with the following interests: a. the protection of society against the danger of the nursed for the safety of others than the inmate or the General security of persons or property;
b. the maintenance of order or security in the establishment;
c. the protection of public order and morality;
(d) the protection of the rights and freedoms of others than the nursed;
e. the prevention or investigation of criminal offences.
2 the head of the structure in order to protect the interests referred to in paragraph 1 at the entry of a representative of the media to the design conditions. The head of the establishment is responsible for serving a representative of the media from the facility to do remove him if he does not fulfil the conditions imposed.
3 the head of the structure on the contact with a representative of the media monitor, if this is necessary to apply an interest referred to in paragraph 2. Article 37, paragraph 4, second and third sentence, and paragraph 5 shall apply mutatis mutandis.
CHAPTER VIII. Care, WORK and LABOR ACTIVITIES, paragraph 1. Care and activities Article 40 1 The inmate has the right to his religion or belief, either individually or in community with others, free to profess and do.
2 the head of the establishment shall ensure that sufficient spiritual care in the establishment, as far as possible in line with the religion or belief of the patients, is available.
3 the head of the establishment shall inform the inmate the opportunity on in the House rules set times and places: a. to maintain personal contact with the spiritual caretaker of the religion or belief of his choice, which is connected to the device;
b. liaise with customers other than those referred to in (a), spiritual caregivers according to the provisions of article 37;
c. in the establishment to keep religious and philosophical meetings of his choice to attend, unless the head of the establishment this bans related to the maintenance of order or security in the establishment.
4 under or pursuant to order in Council can further rules governing the availability of the spiritual care. These rules may cover the provision of spiritual care by or on behalf of different directions of religion or belief, on the organisation and funding of the spiritual care and on the appointment of spiritual caregivers at an establishment.

Article 41 1 The inmate is entitled to care by a doctor connected to the decoration.
2 The inmate has the right to consultation for its own account by a doctor of his choice.
3 the head of the establishment shall ensure that a doctor connected to the decoration: a. regularly available for keeping a consultation;
b. at other times available, if this is in the interest of the health of the inmate;
c. eligible examines the patients on their suitability for participation in work, sport or another common activity or activity.
4 the head of the establishment shall ensure that: a. the provision of the connected to the decoration by a doctor prescribed medications and diets;

(b) the treatment of the nursed on indication of a doctor connected to the decoration as far as this can not be classed as a treatment referred to in article 1, under v;
c. the transfer of the inmate to a hospital or other institution, if the treatment referred to in (b) – takes place.

Article 42 1 the head of the establishment takes care that the patients nutrition, necessary clothing and footwear are provided him enough money or resources to properly.
2 The inmate has the right to wearing own clothes and footwear, unless risks for the order or security in the establishment. He may be required during the performance of work or sports custom clothing or footwear to wear.
3 the head of the establishment shall ensure that in the provision of power supply as far as possible take account of the religion or belief of the patients.
4 the head of the establishment shall ensure that the inmate is enabled the appearance and physical hygiene duly to take care of.
5 In the House rules are rules concerning the purchase by patients of other consumer products than those provided by the head of the establishment are made available.

Article 43 1 the head of the establishment takes care of the social care and assistance, training and education, leisure and sports activities for the patients, as far as not already provided in the nursing/treatment plan of the nursed.
2 the head of the establishment shall ensure that a library supply is present. In the House rules are rules regarding the use of the library by patients.
3 The inmate has the right to stay in the open air for at least an hour a day.
4 the Minister shall adopt rules on the conditions under which a contribution may be granted to the costs incurred for the inmate to education and participating in other educational activities as far as the device is not in May. These conditions may relate to the nature, duration and costs of these activities as well as the training of the nursed and his claims.

In accordance with article 44 1 The nursed has, subject to the the second through the fourth member to set limitations, the right objects belonging to him in his personal space to place or residence.
2 In the House rules may provide for the possession of certain types of objects within the establishment or a specific Department is prohibited, if this property may constitute a risk for: a. the protection of society against the danger of the nursed for the safety of others than the inmate or the General security of persons or property;
b. the maintenance of order or the safety of the establishment, or in so far as this does not tolerate with the liability of the head of the establishment for the objects.
3 the head of the establishment may provide that a nursed a belonging object, not belonging to the kinds of objects, referred to in paragraph 2, not in his personal residence space may or may not have with them, where this is necessary with a view to one of the interests referred to in paragraph 2.
4 the head of the establishment is entitled to the objects on his behalf in belonging to investigate in order to determine whether the admission or possession thereof pursuant to the second or third paragraph can be allowed or is prohibited.
5. Article 23, paragraph 4, first and last sentence shall apply mutatis mutandis.

Article 45 by or pursuant to order in Council rules are set with regard to management of own money of the nursed, including the fee for the provision of work and labor respectively, as referred to in article 46, second paragraph, and spending by patients, as well as the bag-and changing money.

Paragraph 2. Work and labor Article 46 1 The inmate is under no obligation to carry out work within the establishment, subject to: a. to the extent this is the result of a freedom of movement connected to the expansion of its condition as referred to in article 31, paragraph 4, or b. this work by household type and relate to the areas where they reside, including the personal residence space.
2 for the performance of work, with the exception of paragraph (b), the form of the activities defined by the Minister in right to a fix fee. This fee is in defining the income liable to pay contributions in accordance with the provisions in or under the long-term care Act.
3 The inmate is under no obligation to work outside the establishment, except to the extent that this results from a trial leave connected to the leave or condition as referred to in article 50, paragraph 2, article 51, paragraph 2. If the nursed outside the establishment works by him remains earned labor property, without prejudice to the provisions in or under the long-term care Act.
CHAPTER IX. ACCOMMODATION of a CHILD IN the DESIGN Article 47 1 if a nursed a child wants to host in the establishment in order to take care of and educate – to do this, he needs the permission of the head of the establishment. The head of the establishment can give this consent, as far as this is compatible with the following interests at: a. the protection of the personal safety or mental or physical development of the child;
b. the maintenance of order or security in the establishment;
c. implementation of the nursing/treatment plan.
2 the head of the device can connect to the consent conditions with a view to an interest referred to in paragraph 1.
3 the head of the establishment can come to a taken by him for accommodation of a child in the facility obtain the opinion of the child care and protection board.
4 the head of the furnishings may revoke the consent, where this is necessary in order to interest as referred to in paragraph 1 or if the inmate fails to comply with a certain condition. If the head of the establishment a closer examination can he considers to be necessary, the cooperation of the child care and Protection Board attention.
5 the head of the establishment is obliged to refuse or withdraw consent, if the assignment of the child in the décor in conflict with only one on the custody of the child-related decision.
6 In the House rules are further rules concerning the stay of children in the facility.
7 the cost of the care of the child only on behalf of the Empire, as far as the nursed itself not in that cost.
CHAPTER x. DISCIPLINARY PENALTIES Article 48 1 If a staff member or an employee of the establishment finds that a nursed is involved in facts that are incompatible with the order or security in the Interior with an undisturbed course of nursing and he intends to report to the head of the establishment in writing, he shall so the nursed.
2 the head of the establishment shall decide on the imposition of a disciplinary punishment as soon as possible after reported him.
(3) if the head of the establishment or his replacement facts referred to in the first paragraph, notes, the first member outside of application.

Article 49 1 the head of the establishment can due to committing facts as referred to in article 48, paragraph 1, one or more of the following disciplinary penalties: a. isolation in the private lounge, throughout the day or certain hours, for a maximum period of two weeks;
b. restriction of movement to the Department, where the inmate is staying, for a maximum of two weeks;
c. fine to a maximum to be determined by the Minister;
d. denial of visit from a certain person or certain people for a maximum of two weeks, if the fact took place in connection with visit of that person or persons;
e. exclusion of participation in one or more common activities or work for a maximum of two weeks, if the fact took place in connection with this common activity or operation.
2 the head of the establishment determines at the imposition of a fine by any other punishment the fine will also be replaced, if not within the time limit laid down for that purpose by him has been paid.
3 the head of the establishment can for facts as referred to in article 48, paragraph 1, impose more than one penalty, on the understanding that the Member (a) and (e), in the first sentences may be imposed only to the extent that they last no longer than two weeks.
4 The imposition of a punishment shall be without prejudice to the possibility for the head of the establishment to the by the nursed inflicted property damage of the device or staff or staff or fellow patients with the inmate to make arrangements.
5 If a penalty is imposed it will be implemented without delay. The head of the establishment may provide that a penalty is not or only partly implemented.
6 no punishment can be imposed where the inmate for committing a fact referred to in article 48, paragraph 1, cannot be held responsible.

7 of any sentencing or amending it keeps the head of the establishment notation. If a criminal under Chapter XIII, XIV or XV is revised in whole or in part, the head of the establishment of this notation.
CHAPTER XI. LEAVE and LEAVE Article 50 1 TEST if the danger arising from the impairment of the spirit power of the posted for the safety of others than the posted or the General security of persons or property is reduced such that it justified him temporarily leave the design to do, the head of the device for nursing care of detainees under available , with permission of the Minister, the posted on whether or not to grant leave under supervision outside the establishment. Leave may include a stay completely outside the establishment.
2 as a general condition that is not made available to any crime will be guilty of. The head of the device for nursing care of detainees under the leave available to special conditions, the behavior of the posted on, connect. These conditions may mean that the posted itself should behave in accordance with the instructions given by the regulator.
3 the head of the device for nursing care of detainees under can revoke the leave available, where this is necessary with a view to the protection of society against the danger of the posted for the safety of others than the posted or the General security of persons or property or if the posted does not fulfil a particular condition.
4 the provisions of the first to the third member shall apply mutatis mutandis to patients who do not have been made available.
5 the head of the device for nursing care of detainees under available allows the posted or otherwise nursed the opportunity made available to detainees under the device for nursing care of to leave in order to attend judicial proceedings: a. If he is required under the law for a court or administrative authority to appear;
b. If he in respect of a crime should rightfully;
c. If he when attending the procedure has a substantial interest and against leaving the décor not predominantly object exists.
6 Our Minister may establish further rules regarding the way in which the transport of the posted or otherwise nursed for attending a judicial procedure referred to in paragraph 5.
7 the head of the device for nursing care of detainees under available can determine that while leaving the Interior monitor.

Article 51 1 if the danger arising from the impairment of the spirit power of the posted for the safety of others than the posted or the General security of persons or property is reduced such that it justified him on a trial basis in society to do return, the head of the device for nursing care of detainees under available , with permission of the Minister, the posted pilot grant leave.
2. Article 50, second paragraph, first and second sentence, shall apply mutatis mutandis. The special conditions may mean that the posted itself for getting help and support from a designated institution in the authorization of the Minister, that meet certain, in order in Council requirements. In the provision of aid and support the identity of the posted. Article 27a, paragraph 1, first sentence, and paragraph 2, of the code of criminal procedure shall apply mutatis mutandis.
3 the posted to whom leave has been granted test, enjoy, subject to the obligations arising from conditions imposed him, freedom of movement. Article 50, paragraph 3, shall apply mutatis mutandis.
4 by order in Council with respect to the leave and the pilot leave arrangements.
CHAPTER XII. INFORMATION and Article 52 1 HOORPLICHT the head of the establishment shall ensure that the inmate upon entering the establishment, as far as possible, in writing and in a comprehensible language for him, is informed of his rights and obligations laid down by or pursuant to this law.
2 The nursed is hereby in particular pointed to his jurisdiction: a. a request for mediation in accordance with the provisions of chapter XIII;
b. a complain or notice of appeal in accordance with the provisions of chapters XIV to XVI.
3 A nursed foreigner upon entering the establishment informed about his right the consular representative of his country to his detention.

Article 53 1 The inmate is, as far as possible in a language understood by him, for the opportunity to do so at least heard before a decision is made about: a. the placement or continuation of the stay on a Department of intensive care referred to in article 32;
b. a restriction of movement as referred to in articles 33 or 34;
(c) a restriction of the right to inviolability of the body as referred to in articles 25 to 27;
d. the provision of medical treatment as referred to in article 16b, (a) or (b);
e. decisions concerning the assignment of a child in the establishment covered by article 47;
f. the imposition of a disciplinary penalty referred to in article 49;
g. the observation by means of a camera, referred to in article 34a, paragraph 1.
2 the posted is, as much as possible in a language understood by him, for the opportunity to do so at least heard before a decision is made about: a. the decisions regarding the placement or transfer in accordance with Chapter III;
(b) the withdrawal of a leave or pilot respectively leave referred to in articles 50 and 51, third paragraph, third paragraph,.
3 if necessary, shall be hearing person concerned with the assistance of an interpreter. Of hearing person concerned is exchanged.
4 hearing data subject may be omitted if: a. the urgency opposes;
b. the State of mind of the person concerned precludes it.

Article 54 1 receives without delay, in writing and The nursed for as much as possible in a language understood by him, for a reasoned, dated and signed communication concerning: a. any decision as referred to in article 53, paragraph 1;
b. the refusal of dispatch or presentation of a letter or other mail piece or of enclosed objects referred to in article 35, paragraph 5;
c. the refusal of admission to nursed by visit or a certain visitor referred to in article 37, paragraph 3;
d. the refusal of making phone calls or phone call as referred to in article 38, paragraph 3;
e. the prohibition of a contact with a representative of the media referred to in article 39, paragraph 2.
2 receive without delay, in writing and made available for as much as possible in a language understood by him, for a reasoned, dated and signed communication regarding any decision as referred to in article 53, paragraph 2.
3 person concerned, as the case may be, the communication pointed out the possibility of mediation, complaint or appeal and the form and time within which this must be done as well as the option of doing a request to the President of the professional Commission to pending the outcome on the Western magazine the enforcement of the decision to suspend in whole or in part.
4 If the decision in respect of the authorization of the Minister is required, a copy thereof attached to the communication.
CHAPTER XIII. MEDIATION Article 55 1 The inmate has the right to oppose, whether oral or written, to the Commission of supervision to turn with the request to mediate in respect of a grievance as to how the head of the establishment is in a particular matter towards him has worn or by or under this law duty of care. Conduct of a staff member or an employee of the establishment against the inmate is with a view to the application of this provision as a conduct of the head of the establishment.
(2) if the grievance concerns a decision against which complaint is open, should this request not later than on the seventh day following that on which the inmate became aware of that decision to be submitted.
3 The Supervisory Commission is committed within four weeks to reach a solution acceptable to both parties. They can wholly or in part to the month the conciliation Commissioner or another designated member from among its members.
4 The Committee shall inform the inmate and the head of the establishment in the occasion, whether or not in each other's presence, their point of view known orally. If the nursed the Dutch language not surveillance, the Commission shall ensure the assistance of an interpreter.
5 they close the mediation with a communication of its findings to the head of the establishment and the nursed. In the cases referred to in article 56, the inmate advised of the possibility of complaint and the manner in which and the time within which this must be done.

6 If the head of the establishment or nursed so requests, is him as soon as possible a dated copy of the communication sent or presented. The date of the transmission or presentation is on this copy. If the inmate understands the Dutch language is not sufficient, the Commission shall by monitoring care for a translation of the communication.
CHAPTER XIV. In Article 56 1 A COMPLAINT can at the complaint Commission complaining about the following decisions taken by the head of the establishment: a. the imposition of a disciplinary penalty referred to in article 49;
b. the placement or continuation of the stay on a Department for intensive care as referred to in article 32, paragraphs 1 and 2;
(c) a decision that involves a restriction of contact with the outside world as referred to in Chapter VII;
(d) the refusal or withdrawal of consent to a child in the establishment is covered by as referred to in article 47, first and fourth Member;
e. any other decision that a limitation of a right, that him under a prescription given by or under this Act or any other law or a provision of a bound Netherlands in every treaty in force subject to the provisions of article 57.
2 in A can at the complaint Commission complaining about the following decision taken by the head of the establishment to: a. the withdrawal of leave as referred to in article 50, paragraph 3, if the leave at the time it is withdrawn an uninterrupted period of more than a week has lasted;
b. against the withdrawal of the test leave referred to in article 51, paragraph 3.
3 A decision of a staff member or employee of the establishment with a view to the application of this provision as a decision of the head of the establishment.
4 against the way in which the head of the establishment a duty of care exercised by or under this law doesn't allow the complaint open.
5 with a decision as referred to in the first paragraph shall be vindicated a refusal to decide. Taking a decision shall be deemed to have been refused if not within the legal or, in the absence thereof, within a reasonable time a decision has been taken.
6 the head of the establishment shall ensure that an inmate complained that wish to do so as soon as possible, the opportunity to do so.

Article 57 1 against a decision relating to restriction of movement as referred to in article 33 of law complaint open after it has lasted a week.
2 against a decision relating to separation and the duration of the separation State complaint open after the separation has lasted a day.
3 against a decision relating to the duration of the isolation and seclusion State complaint open, after the separation has lasted two days.
4 the date of a decision as referred to in the first to third paragraphs is taken remains.
5 against the decision to extend the separation or isolation on the foot of the provisions of article 34, paragraph 4, of law complaint open.
6 against the decision to apply camera observation under article 34a, first paragraph, State complaint open.

Article 58 1 The nursed by the submission of a complaint does Western Scripture with the Secretary of the complaint Committee of the establishment where the decision about which he complains is taken.
2 The date of transmission of the Scripture can complain by intervention of the head of the establishment where the inmate resides. The head of the establishment carries in that case make sure that the Western Scriptures, or, if the wailing enrolled in a sealed envelope, the envelope, dated.
3 The wailing Scripture as precisely as possible the decision complained of and the reasons for the complaint. If the inmate about the decision about which he complains no request for mediation has done, he mentions the reasons for this in the Western Scripture.
4 If the nursed the Dutch language is not sufficient, he may submit the complaint in a different language. The President of the complaint Commission may provide for the Western rule in the Dutch language is translated. The reimbursement of the costs incurred for the translation shall be made according to arrange in order in Council 5 The wailing scripture must be submitted no later than on the seventh day following that on which the inmate became aware of the decision about which he wishes to be pitied. As the day on which the complaint is filed, the receipt by the Secretary or the date referred to in paragraph 2. A submitted after this period Western Scripture is nevertheless receptive, if cannot reasonably be considered that the inmate is in default.
6 in the event of the nursed a request for mediation on the contested decision has done, then, by way of derogation from paragraph 5, the wailing scripture be submitted no later than the seventh day after that on which the nursed the written communication of the findings of the Supervisory Commission.

Article 59 1 The wailing is handled by a Control Board appointed by the Commission from among its members complaint Commission, composed of three members, who shall be assisted by a Secretary. A member of the Supervisory Committee takes no part in the treatment of the Western Scriptures, if he has mediated in respect of the decision on which the Western Scriptures or in any other way interference therewith.
2 the Minister may, by a judicial private establishments on the recommendation of the Board, appoint members of other oversight committees can make a complaint Commission's part.
3 The President or a member of the complaint Commission designated by him may, where he complained of simple nature, or manifestly inadmissible, manifestly unfounded or manifestly unjustified, as a single member of the Commission dismiss the complaint regulation complain, except that he also possesses the powers to the President of the entire complaint Commission.
4 The President or the member designated by him as referred to in the third paragraph, the treatment can complain at any time refer to the plenary Commission.
5 the treatment of the wailing Scripture does not take place in public place, except where the complaint Commission considers that the non public hearing not compatible with only a bound Netherlands in any determination of a valid Treaty.

Article 60 1 the Secretary of the complaint Commission shall forward a copy of the the head of the establishment Western writing. The head of the establishment gives about it in writing as soon as possible the necessary information to the Commission complaint, unless it considers that the wailing Scripture manifestly inadmissible or manifestly unfounded. He went on the comments to which it gives rise him Western Scripture. To the complainant gives the Secretary of the complaint Commission in writing of the content of such information and comments.
(2) if the Supervisory Commission about the decision complained of has mediated and her findings in writing to the complainant and the head of the establishment informed, the Secretary of the complaint Commission the findings of the procedural documents.

Article 61 1 The complaint Commission shall notify the complainant and the head of the establishment in the opportunity on the Western writing oral comments, unless they complained immediately manifestly inadmissible, manifestly unfounded or manifestly well-founded eight.
2 the complainant and the head of the device may send to the Presidents of the Commission specify the questions complained that they wish to see made to each other.
3 The complaint Commission may the head of the establishment and the complainant outside each other's presence. In this case, they are given the opportunity to specify in advance the questions they would like to see made and thus the business content of the statement by the President of the Commission, the complainant complained to the head of the establishment respectively orally.
4 The complaint Commission may also at other persons oral or written inquiries. If oral information be sought, are the second and third paragraphs shall apply mutatis mutandis.

Article 62 1 the complainant has the right to assistance of an or provider of legal assistance before, who of the complaint Commission has been allowed. If the complainant is a lawyer added, made his remuneration and reimbursement of the costs incurred by him according to arrange in order in Council.
(2) if the complainant is not sufficiently mastered the Dutch language, carries the President care for the assistance of an interpreter. The reward of the interpreter and the reimbursement of the costs incurred by the interpreter made according to arrange in order in Council.
3 during the complaint procedure, the complaint to the complainant, at his request, to take note of the documents relating to a case pieces.
4 If the complainant resides elsewhere, the comments referred to in article 61, paragraph 1, at the request of the Commission complained in front of a member of another complaint Commission.
5 of hearing the parties involved makes the Secretary a written report, that is signed by the Chairman and the Secretary. One of them is prevented from attending, the reason mentioned in the report.

Article 63


The President of the complaint Commission can treat the Western magazine for a definite or indefinite time procrastinating, if it considers that the wailing Scripture lends itself to mediation or if the conciliation procedure has not yet been closed. In the first case, the President shall notify a copy of the magazine to complain to the month Commissioner or to another Member of the Monitoring Committee with the request to mediate. Article 55 shall apply mutatis mutandis.

Article 64 1 pending the outcome on the Scripture can complain the President of the Working Commission at the request of the complainant, after having heard the head of the establishment, the implementation of the decision which the wailing Scripture refers to suspend in whole or in part.
2 the President shall be informed without delay notice to the head of the establishment and the complainant.

Article 65 1 The complaint Commission shall as soon as possible, but in any case within a period of four weeks from the date the complaint is received or, in case of application of article 63, the date on which the mediation is closed, verdict. In special circumstances the complaint Commission extend that time limit by a maximum of four weeks. Of this extension is at the head of the establishment and the complainant communicated.
2 The statement is reasoned and dated. The ruling is a record of the complaint by the Commission hearings. It is signed by the President and by the Secretary. One of them is prevented from attending, the reason mentioned in the ruling. To the complainant and the head of the establishment shall be immediately and free of charge a copy of the decision of the complaint Commission or awarded. The date of the transmission or presentation is on this copy.
3 the statement mentions the possibility of lodging an appeal to the professional Commission and the form and time within which this must be done as well as the option of doing a request to the President of the professional Commission to pending the outcome on the notice of appeal the implementation of the decision of the complaint Commission to suspend, in whole or in part.
4 If the complainant is not sufficiently mastered the Dutch language and not otherwise in the establishment in a translation may be provided, the Chairman of the complaint Commission for a translation of the ruling and the communication referred to in the second or third member. The reimbursement of the costs incurred for the translation made according to arrange in order in Council.
5 President of the complaint Commission may also verbally inform the decision to the complainant and the head of the establishment. These are advised of the possibility to appeal to the Committee, the form and time within which this must be done, as well as the ability to suspend the implementation of the decision referred to in article 67, paragraph 4. If the decision has been issued, the day of doing this communication. If pronunciation is done, the pronunciation on the Western Scripture.
6 If the fifth Member application has found and occupation is set as provided for in article 67, paragraph 1, is working out the pronunciation of the complaint Commission in accordance with the procedure referred to in paragraph 2. The Secretary of the complaint Commission shall send a copy of this ruling to the head of the establishment, the complainant and the Committee.
7 the Secretary shall send the Commission a copy of all statements of complaint to our Minister. Everyone has the right to obtain a copy of these statements and receiving a copy thereof. Our Minister shall ensure that this statement contains no data from which the identity of the inmate can be derived. With regard to the cost of receiving a transcript is the rates under or pursuant to the Law in criminal matters provisions shall apply mutatis mutandis.

Article 66 1 the decision of the Commission extends to all or part of the complaint: a. non-rejection of the complaint;
b. ongegrondverklaring of the complaint;
c. gegrondverklaring of the complaint.
(2) if the complaint Commission considers that the decision about which is complained: a. is in conflict with an applicable legal requirement in the establishment or a bound Netherlands in a any applicable treaty or stipulation of a b. consideration of all eligible interests, including the security of society and the interests of victims and survivors , must be regarded as unreasonable or unfair, it states the complaint well founded and it destroys the decision in whole or in part.
3 by application of the provisions of the second paragraph, the complaint Commission: (a) the head of the device commissioning a new decision with regard to its pronunciation;
b. determine that its pronunciation in replace of the decision;
c. the total or partial destruction.
4 by application of the provisions of paragraph 3 (a), the Commission complained in its statement a term.
5 The complaint Commission may determine that the judgment remains in whole or in part, out of action until it has become final.
6 If the provisions in paragraph 2 is applied, the legal effects of the decision, as far as possible, by the head of the unprovisioned, then in accordance with the decision of the complaint Commission.
7 as far as the consequences referred to in the sixth paragraph cannot be disabled, determines the complaint Commission, after hearing the head of the establishment, or any compensation to the complainant. It claims the allowance, which may be pecuniary in nature.
CHAPTER XV. APPEAL AGAINST the JUDGMENT of the COMMISSION Article 67 1 COMPLAINT against the decision of the complaint Commission, the head of the establishment and the complainant may appeal to the Appeal Committee by filing a notice of appeal. The reasoned notice of appeal must be submitted no later than on the seventh day following that of the receipt of the copy of the verdict or after that of the verbal communication of the decision to the Secretary of the Working Commission.
2 The notice of appeal shall be heard by a Committee of at least three members appointed by the Council or extraordinary members, who shall be assisted by a Secretary.
3 with regard to the treatment of the notice of appeal articles 56, fifth paragraph, 58, second, fourth and fifth paragraph, second and third sentence, paragraph 59, 60, 61 and 62, first paragraph, first, second, third and fifth member, apply mutatis mutandis, it being understood that the review Commission may provide that: (a) the head of the device and only the complainant be given the opportunity to make comments regarding the notice of appeal in writing;
b. the oral observations before a member of the professional Commission;
c. in the event that information be obtained at another person orally, the head of the establishment and only the complainant be given the opportunity to specify in writing the questions that they wish to see made to that person.
4 the submission of the notice of appeal shall suspend the implementation of the decision of the Commission not to complain, except in so far as they establish a compensation referred to in article 66, seventh heading, means. Pending the ruling on the notice of appeal, the President of the Appeals Commission at the request of the person who heard the other person concerned appeal and in the proceedings the implementation of the decision of the complaint Commission barks. He does immediately notice to the head of the establishment and the complainant.

Article 68 1 The vocational Commission shall act with the minimum of delay.
2 the decision of the Committee is to: a. total or partial rejection of the appeal as inadmissible;
b. confirmation of the decision of the complaint Commission, or incorporating, either with the improvement of the grounds;
c. destruction of ruling the complaint Commission.
(3) if the provisions of paragraph 2, point (c) is applied, the professional Commission which the complaint Commission had to do belong.
4 with regard to the pronunciation of the vocational Commission articles 65, paragraph 2, first and third through fifth sentence, fourth and seventh member, and 66, with the exception of paragraph 5 shall apply mutatis mutandis.
CHAPTER XVI. APPEALS AGAINST DECISIONS AGAINST which NO COMPLAINT is OPEN or otherwise made available in Article 69 1 A may appeal against: a. the placement or transfer in accordance with the provisions of articles 11, 13 and 14;
b. the extension of time limits provided for in article 12, paragraph 13, second paragraph, respectively;
c. the withdrawal of authorisation by the Minister referred to in articles 50 and 51;
d. the decision of the head of the private establishment, other than a judicial repeal of private establishment, on leave as referred to in article 50, paragraph 3, if the leave at the time it is withdrawn an uninterrupted period of more than a week has lasted;
e. the decision of the head of the private establishment, other than a judicial private establishment, on the repeal of the test leave referred to in article 51, paragraph 3;

f. any other decision taken by the Minister that a limitation of a right, that him under a prescription given by or under this Act or any other law or any provision of a bound Netherlands in every treaty in force;
g. a decision referred to in the first paragraph of article 16 c.
2 The notice of appeal shall be handled by a Commission of three members appointed by the Council or extraordinary members, who shall be assisted by a Secretary.
3. Article 56, paragraph 4, shall apply mutatis mutandis.
4 with respect to the treatment of the notice of appeal articles 56, fifth paragraph, 58, paragraph 2, paragraph 3, with the exception of the second sentence, fourth and fifth member, 59, paragraph 5, 60, 61, 62, first paragraph, first, second, third and fifth member, and 64 shall apply mutatis mutandis, it being understood that the Commission may provide that: a. on the notice of appeal in writing only comments can be made;
b. the oral observations before a member of the Commission;
c. in the event at another person oral information be obtained, data subjects exclusively be given the opportunity to specify in writing the questions that they wish to see made to that person.
5 the Commission shall act with the minimum of delay. With respect to the hearing are the articles 65, second and fourth member, and seventh member, with the exception of the first sentence, and 66, with the exception of paragraph 5 shall apply mutatis mutandis.
CHAPTER XVII. EMPLOYEE PARTICIPATION and REPRESENTATION Article 70 1 the head of the establishment shall ensure that nursed by the patients and a Council can be chosen.
2 The Council has the task of patients with the head of the establishment to consult about all general topics concerning the living and housing environment of the establishment. Both the Council and the head of the establishment, these topics in that discussion.
3 by order in Council be rules on the powers, composition and working methods of the Council patients.

Article 71 1 The chapters XII to XVI to the posted or other rights may, except in cases where the inmate complained or professional Commission or Committee referred to in article 69, paragraph 2, of the opinion that weighty interests of the person concerned dictate otherwise, be exercised by: a. the curator, if person placed under guardianship;
b. the mentor, if for the benefit of person concerned a mentorship is set;
c. the parents or guardian, if a minor.
2 the head of the device for nursing care of detainees under available shall ensure that the persons referred to in the first paragraph be made aware of these rights.
CHAPTER XVIII. SPECIAL PROVISION REGARDING Article 72 1 PATIENTS INCLUDED, with THEIR CONSENT, the head of the establishment can the stay of a nursed as referred to in article 4 (d), (e) or (g) to end, if one of the following circumstances: a. the disorder of the mind is so reduced that the capabilities of the inmate, also in view of the safety of others than the inmate or the General security of persons or property , justified him in society;
b. the continuation of the stay at the decor of the nursed supplies jeopardise the maintenance of order or security in the establishment or the treatment of other patients;
c. the importance of the nursed means that his treatment is continued elsewhere;
(d) the treatment of the nursed gives inadequate results.
2 the head of the establishment ends the stay of a nursed as referred to in paragraph 1 shall, without delay, if the latter so requests.
CHAPTER XVIIIA. SUBSIDIZE PRIVATE ESTABLISHMENTS Article 73 1 Our JUDICIAL Minister provided to the legal person who is a judicial private décor manages a subsidy for the cost of running the establishment.
2 the grant is provided per fiscal year.
3 section 4.2.8 of the General Administrative Law Act applies.
4 our Minister may advances on the grant referred to in the first paragraph.

Article 74 1 Regarding the provision of the grant referred to in article 73, paragraph 1, connect our Minister on behalf of the State an agreement with the legal entity that manages the judicial private establishment.
2 in respect of the grant referred to in article 73, paragraph 1, which under the provisions of Title 4 of the General Administrative Law Act at law can be determined, by way of derogation from that title be determined under the agreement referred to in paragraph 1.

Article 75 The agreement regulates at least: a. what information our Minister with a view to the drafting of the budget of the device provided to the legal entity that manages the facility, as well as at what time these data are disclosed;
b. what time limit at the time of the submission of the application for grants is complied with;
c. the request for grants or to submit the request to grant adoption data or records;
d. the manner in which the amount of the subsidy is determined;
e. how the amount of the advances is determined and the times at which they are paid;
f. which requirements the budget, the financial report and the activity report must comply;
g. for which actions the legal entity that manages the establishment needs the consent of the Minister;
h. the cases in which the legal person who manages the establishment a fee for asset formation as referred to in article 4:41 of the General Administrative Law Act is due, as well as the manner in which that fee is calculated;
i. forming an equalization reserve by the legal entity that manages the facility, and j. by the legal entity that manages the establishment providing data for the by the Minister in respect of the criminal rechtstoepassing policy to be pursued.

Article 76 1 Our Minister may terminate the agreement with effect from the time when the designation as judicial private design ends.
2 the agreement may also be terminated in compliance with the time limit set in the agreement, or, in the absence of such a term, with due observance of a reasonable period of time.

Article 77 1 in addition to a grant in Our operating costs can Minister to the legal entity that manages a private judicial establishment subsidy providing for: a. construction projects;
b. special projects.
2 our Minister may advances on the award grants referred to in the first paragraph.
CHAPTER XIX. Transitional and final provisions article 78 [Red: modifies the Penal Code.]

Article 79 [Red: changes the principle Act prison system.]

Article 80 [Red: modifies the law hospital facilities.]

Article 81 [Red: changes the working conditions act.]

Article 82 [Red: modifies the law on secondary education.]

Article 83 [expired on 17-02-1999] article 84 the rules adopted under article 37 c of the Penal Code, as this article gold before the entry into force of this law, are supposed to be fixed in accordance with the relevant provisions of this law.

Article 85 the Minister shall, within three years after the entry into force of this law, and every after five years, to the States General a report on the effectiveness and the effects of this law in practice.

Article 86 this law shall enter into force at a time determined by Royal Decree. By Royal Decree can be another time which articles 12 and 74, part K, come into force.

Article 87 this Act may be referred to as: available to detainees under a nursing Framework Act.
Charges and recommend that this in the Official Gazette will be placed and that all ministries, authorities, bodies and officials whom it may concern, to the exact implementation will keep the hand.
Given Beatrix the Hague, June 25, 1997 the Minister of Justice, w. Sorgdrager Issued the eighth July 1997 the Minister of Justice, w. Sorgdrager