Advanced Search

1995 Probation Measure

Original Language Title: Reclasseringsregeling 1995

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Decision of 15 December 1994, laying down new rules on probation

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

On the nomination of Our Minister of Justice, of 7 September 1994, Staff Section, Public Law, No 455985/94/6;

Having regard to the Articles 14 Ed , second paragraph, 16 and 22 P. of the Code of Criminal Law , the Articles 147 , 177 , second paragraph, and 310 of the Code of Criminal Procedure , Article 19, first paragraph, of the Act on the enforcement of criminal judgments and Article 15, First paragraph, of the Gration Law ;

Having regard to the opinion of the Central Criminal Council (opinion of 24 June 1994, No SR 45/94);

The Council of State heard (opinion of 29 November 1994, no. W03.94.0564);

Having regard to the further report by Our Minister of Justice of 14 December 1994, Staff Section, Public Law, No 471960/94/6

Have found good and understand:

Chapter 1. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 1

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:

  • a. Our Minister: Our Minister of Justice;

  • b. Probation institution: an approved institution as specified in Article 4 ;

  • c. Penitentiary Establishment: A Prison, House of Retention or Establishment for the Care of Addicts;

  • d. Job penalty: the task penalty, intended in Article 9 (a) (a) (3) of the Penal Code ;

  • e. Complaints committee: the commission, referred to in Article 29 .


Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The responsibility for carrying out reclassical work is based on one or more probation institutions approved by Our Minister.

  • 2 A probation institution shall respect the rules laid down in and pursuant to this Decision.

  • 3 Under the rules of our Minister, rules may be laid down:

    • a. In respect of the priorities which a probation institution is taking into account in its work,

    • (b) on the conditions which may be required for the performance of the work;

    • c. on the information which a probation institution periodically provides to our Minister on the implementation of the work; and

    • d. to promote the proper conduct of reclassical work.


Article 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A probation institution shall establish a report on domestic violence and child abuse for its staff members.

  • 4 A probation institution promotes knowledge and use of the milk code.

Chapter 2. Those who are able to perform probation activities

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Reclassical work shall be carried out only by bodies which, according to their statutes or regulations, aim or contribute, in a special way or for the benefit of one or more particular categories of persons, In order to do so, the Minister has acknowledged that it has been approved by our Minister as a probation institution.

  • 2 The recognition may be subject to restrictions; the recognition may be subject to rules. The restrictions and regulations may be amended after consultation with the institution concerned.

  • 3 The recognition may be suspended or revoked. Recognition shall be withdrawn not earlier than after 13 weeks after a warning, indicating the measures to be taken to prevent the withdrawal.


Article 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By way of derogation from Article 4 may be reclassical by the management of the probation establishment under the responsibility of a probation institution, by:

    • a. institutions of social services and

    • b. Persons who volunteer.

  • 2 The adoption of reclassical work which may be carried out by an establishment of social services requires the consent of our Minister.


Article 6

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Probation workers are the staff of the probation institution designated by the management of a probation institution.

  • 2 Before taking up his duties, the probation worker shall take the oath or promise that he will fulfil his duty according to the rules laid down.

  • 3 In the case of ministerial arrangements, rules shall be laid down regarding the requirements for appointment as a probation worker and for the implementation of the second paragraph.


Article 7

Compare Versions Save Relationships (...) (External Link) Permanent Link

Probation workers shall have free access to the performance of their duties:

  • a. to those who are enclosed in police stations, as far as the normal task execution of the police that reasonably allows, and

  • b. In the case of penitentiary establishments, subject to the rules of the rules in force therein.

Chapter 3. The rehabilitation work

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 8

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister shall ensure that, in any arrondissement, the following rehabilitation work is carried out, at least and, as far as possible, by mutual consistency:

    • a. From its own initiative, on the instructions of the competent authorities, or at the request of the persons concerned, to grant aid and aid for legal aid except to persons suspected of or who have been convicted of a criminal offence;

    • b. conducting research on such persons, including the elaboration of an indication assessment advice, as intended in Article 5, second paragraph, of the Interim Decision on forensic care , for decisions to be taken on the prosecution, trial or implementation of penalties or measures, and the provision of information on them;

    • c. to prepare and guide the execution of the task penalty and, as far as eligible, from the implementation of other judicial decisions, including on behalf of Our Minister, to forensic care as Intended in Article 6, first paragraph, second sentence , with regard to persons suspected of or who have been convicted of a criminal offence, and the monitoring and provision of information thereon to the competent authorities.

  • 2 A probation institution shall, upon request or on its own initiative, advise authorities on issues of importance for the correction of such a correction.


Article 9

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 A probation institution may also issue or issue an information report as referred to in paragraph 1, either on its own initiative or at the request of others, subject to the person concerned.


Article 10

Compare Versions Save Relationships (...) (External Link) Permanent Link

After compliance Article 59, fifth paragraph, of the Code of Criminal Procedure A notice has been received from the warrant for the insurance of a suspect, and a probation institution shall decide as soon as possible:


Article 11

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The director of a penitentiary establishment notice a probation institution as soon as possible regarding the entry of a detainee into the establishment.

  • 2 The director of a penitentiary establishment notice a probation institution as soon as possible but at least four weeks in advance regarding the date of dismissal of a detainee, who will have a real penalty time at his dismissal. over three months and which must be provided either by judgment or conditional pardons, or at the request of the latter, by means of a reclassical request and aid. The same obligation shall apply where the conditional release is deferred or is omitted by a judicial decision.


Article 12

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A probation institution, when ordered to grant aid and support for the fulfilment of special conditions, shall report on the related interference to Our Minister, the Judge or the Court of Justice. Officer of the judiciary.

  • 2 An opinion shall be attached to the report by the probation body if the report in its opinion could give rise to any of the following measures:

    • a. The establishment of a claim as referred to in Article 14f or 14g of the Code of Criminal Law ;

    • (b) the repeal or amendment of the Royal Decree, which has been pardoned under terms of conditions;

    • (c) the withdrawal of a conditional decision by a foreign State, of which the exercise of the supervision of compliance with conditions has been taken over.


Article 13

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Chapters 14 , 16 and 17 of the Rules of Procedure held at the disposal of The work on rehabilitation is carried out by a probation institution.


Article 14 [ Verfalls per 01-02-2001]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Chapter 4. Subsidisation of the rehabilitation

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 4.1. General

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 15

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A reclassical institution shall receive a subsidy from the budget of the Ministry of Justice on an annual basis for the reclassical work carried out by it or under its responsibility.

  • 2 A separate grant may be granted for the construction, establishment and extension of buildings to serve the purpose of the rehabilitation of buildings.

  • 3 The grant of a grant shall be granted before 1 January of the grant year.

  • The grant determination shall be made before 1 September of the year following the grant year.


§ 4.2. Grant-to-loan

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 16

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Before 1 December of the second year preceding the grant year, our Minister shall invite the reclassical institutions to submit a provisional grant application.

  • 2 Where possible, it shall indicate the amount which, according to the multiannual estimate, as set out in the explanatory notes to the budget for the year preceding the grant year, will be available for the purpose of reclassification in the grant year.


Article 17

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For 1 January of the year preceding the year of grant, the probation institution shall submit a provisional application for grant aid to our Minister.

  • 2 The provisional application shall be accompanied by:

    • a draft budget of expenditure and revenue for the grant year and

    • b. a policy plan with the intended work for the next four years, starting with the grant year.


Article 18

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Before 1 June of the year preceding the grant year, our Minister shall invite the probation institutions to submit a final grant application.

  • 2 In doing so, he shall indicate the extent to which an alteration has occurred or is expected to occur in the amount available for the purpose of the probation measures in the year of grant.

  • 3 Our Minister informs the probation institutions as far as possible about changes as referred to in the second member to arise thereafter.


Article 19

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For 1 October of the year preceding the grant year, the probation institution shall submit a final grant application to our Minister.

  • 2 The probation institution shall take into account the financial area as established or expected to be established by the legislator.

  • 3 The grant application shall be accompanied by:

    • a. A final budget of expenditure and income and

    • b. An activity plan for the grant year.

  • 4 The activity plan referred to in paragraph 3 shall be adapted to the need for reclassical work within the various district elements and the hofressores.


Article 20

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Before the beginning of the grant year, our Minister shall take the decision granting the grant for the grant year, if necessary, under the condition that sufficient funds are made available to the legislator.

  • 2 In any case, the decision shall specify the categories of activities to which the highest level of subsidisation will be taken into account and in accordance with the methods for calculating the calculation.


Article 21

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The institution of probation shall conduct a set of records so as to enable it to examine at any time the rights and obligations relevant to the determination of the grant, as well as payments and receipts.

  • 2 The records and the documents relating thereto shall be kept for ten years.


Article 22

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If, during the grant year, there have been, or are likely to arise, significant differences between actual expenditure and revenue and budgeted expenditure and revenue, the probation institution shall inform our Minister without delay, indication of the cause of the differences.

  • 2 The probation institution shall as soon as possible inform our Minister of circumstances which may either be relevant to the determination of the subsidy or give rise to a change in the grant of the grant.


Article 23

Compare Versions Save Relationships (...) (External Link) Permanent Link

The probation institution may ask our Minister to amend the grant of the grant.


Article 24

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 As long as the grant does not Article 27 The Minister may withdraw the grant of the grant or amend it at the expense of the probation institution if:

    • (a) the activities in respect of which grant has been granted have not been or will not be effected in full;

    • b. The probation institution has failed to comply with the requirements of the grant;

    • c. has provided incorrect or incomplete data by the probation body and would have led the provision of correct or complete information to another decision on the application for granting the grant of subsidy;

    • d. the grant of the subsidy was otherwise incorrect and the probation institution knew or belonged to it; or

    • (e) an appeal shall be made on the condition that sufficient funds are made available.

  • 2 The revocation or amendment shall be returned to and including the time at which the grant was granted, unless otherwise provided for in the revocation or amendment.


Article 25

Compare Versions Save Relationships (...) (External Link) Permanent Link

As long as the grant does not Article 27 The Minister may, subject to a reasonable period of time, withdraw or alter the granting of the grant of the subsidy or alter it at the expense of the probation institution:

  • (a) in so far as the grant of the subsidy is incorrect; or

  • b. to the extent that changed circumstances or changes have changed to the extent that continued or unchanged continuation of the subsidy is likely to occur.


§ 4.3. Subsidy setting

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 26

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For 1 June of the year following the grant year, the probation institution shall submit to our Minister the application for the final determination of the grant amount.

  • 2 The application shall be accompanied by:


Article 27

Compare Versions Save Relationships (...) (External Link) Permanent Link

For 1 September of the year to be granted on the grant year, our Minister shall fix the final amount of the subsidy.


Article 28

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may withdraw the grant statement or amend it to the detriment of the probation institution:

    • a. on the basis of the facts or circumstances which he could not reasonably have been aware of in the grant agreement and on the basis of which the subsidy would have been determined to be lower than in accordance with the grant of the grant;

    • b. if the subsidy claim was incorrect and the probation institution knew or belonged to it;

    • c. if the probation institution has failed to meet the commitments associated with the subsidy after the grant agreement.

  • 2 The revocation or amendment shall be returned to and including the time at which the grant is determined, unless otherwise provided for in the revocation or amendment.

  • 3 The grant of subsidy may no longer be withdrawn or altered to the detriment of the probation institution if five years have elapsed since the day on which it was published or, in the case referred to in the first paragraph, C , since the day on which the act has been carried out in breach of the obligation or the date on which the obligation had been fulfilled.

Chapter 5. Complaints scheme

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 29

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 There is a committee responsible for dealing with complaints concerning the carrying out or omission of reclassical work.

  • 2 The Complaints Board is made up of an odd number of members, appointed by Our Minister. Board members and employees of the probation institutions may not be a member of the Complaints Commission.

  • 3 The Complaints Board sits in each of the courts of the courts, according to rules by the committee to be set by the Rules of Procedure.

  • 4 Our Minister provides the secretariat of the Complaints Committee.


Article 30

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Complaints of who have been made or failed to be reclassical may lodge a complaint with the Complaints Commission concerning the carrying out or omission of a reclassical work.

  • 2 The complaint shall be lodged within six weeks of the date on which the complainant has been informed of the action or omission on which he wishes to complain.

  • 3 A complaint lodged after the expiry of the period is nevertheless taken into consideration, if it cannot reasonably be considered that the complainant has been in default.


Article 31

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By or on behalf of the Complaints Commission, the complainant and the person against whom the complaint is addressed shall be heard.

  • 2 Of the hearing may be waived if the Complaints Commission considers that the complaint is manifestly inadmissible or manifestly unfounded.

  • 3 By or on behalf of the Complaints Commission, information may be sought from institutions and persons carrying out probation activities.


Article 32

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Complaints Commission may seek to mediate between the complainant and the person against whom the complaint is addressed.

  • 2 Following a complaint, the Complaints Board may make a recommendation to the person to whom the complaint is addressed or to any other institution or person. The recommendation shall be made public.

  • 3 The Complaints Commission shall notify the complainant as soon as possible, but in any case within six weeks of receipt of the complaint concerning the settlement of the complaint.

  • 4 The Complaints Committee shall report annually on its activities.

Chapter 6. Monitoring

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 33

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister shall designate the officials responsible for monitoring compliance with the provisions of this Decision.

  • In the exercise of their duties, the supervisory officials shall carry out any credentials issued by our Minister, which shall show them at the request of the fund.


Article 34

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The officials responsible for the exercise of their duties shall have free access to the establishments of the probation institutions. They do not enter a dwelling without the permission of the resident.

  • 2 They shall be empowered to accompany them by persons designated by them for that purpose.

  • 3 The competent authorities shall have the power to ensure access to business records and records and to make copies of the data and records and to take them for a short period of time against written evidence.


Article 35

Compare Versions Save Relationships (...) (External Link) Permanent Link

The probation institutions and the staff involved shall be obliged to provide the supervisory officials with the information and cooperation that they can reasonably claim in the exercise of their powers. Those who, by virtue of the office, profession or legal requirement, are required to keep confidential, may refuse to cooperate in so far as they result from the obligation of professional secrecy.


Article 36

Compare Versions Save Relationships (...) (External Link) Permanent Link

Supervisors shall use their powers only to the extent that it is reasonable to do for the performance of their duties.

Chapter 7. Transitional and final provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 37

Compare Versions Save Relationships (...) (External Link) Permanent Link

Any person involved in the implementation of this Decision shall be given information on which he or she is of the confidential nature or may reasonably suspect, and for whom it is not already under the terms of office, occupation or legal capacity; In order to ensure that such information is subject to confidentiality, the obligation to maintain confidentiality shall be subject to the obligation of secrecy, except in so far as any provision of law requires it to be disclosed or his task in the implementation of this Decision makes it necessary to ensure that such confidentiality applies to the the publication is due


Article 38

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Where an institution is recognised under Article 4 (1) of this Decision, as stated before the decision of 4 December 2003 amending the Reclassical Regulation in respect of the reorganisation of the Reclassification (Stb. 511) was amended to include recognition on the basis of Article 4, first paragraph .

  • 2 By way of derogation from the Articles 26 to 28 the determination of the subsidy for the 2003 grant year is based on this decision, as it was before the decision of 4 December 2003 amending the 1995 Reclassical Regulation on the reorganisation of the Community budget, which was adopted on the basis of the decision of 4 December 2003. Reclassification (Stb. 511) was amended.

  • 3 By way of derogation from Article 19, first paragraph , and Article 20, first paragraph , the probation institution shall submit the grant application for the 2004 grant year no later than 1 January 2004 and shall take the decision granting the grant for the 2004 grant year before 1 February 2004.

  • 4 The appointment as a member of the Board of Complaints referred to in Article 29 (2) of this Decision, as stated before it was taken by the decision of 4 December 2003 amending the Reclassical Regulation 1995 in connection with the reorganisation of the The probation service (Stb. 511) was amended to be the appointment of our Minister for the purpose of Article 29, second paragraph .

  • 5 In the case of ministerial arrangements, further transitional rules may be laid down.


Article 39

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Contains changes to other regulations.]

Article 40

Compare Versions Save Relationships (...) (External Link) Permanent Link

Detailed rules for the implementation of this Decision may be laid down by means of a regulation of our Minister.


Article 41

Compare Versions Save Relationships (...) (External Link) Permanent Link

The 1986 Reclassical Scheme shall be repealed.


Article 42

Compare Versions Save Relationships (...) (External Link) Permanent Link

This Decision shall enter into force on 1 January 1995.


Article 43

Compare Versions Save Relationships (...) (External Link) Permanent Link

This Decision is cited as the 1995 Reclassical Scheme.

Burden and order that this Decision, together with its explanatory note in the State Sheet will be placed.

' s-Gravenhage, 15 December 1994

Beatrix

The Minister of Justice,

W. Sorgdrager

Published on 22 December 1994

The Minister of Justice,

W. Sorgdrager