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Decision of 22 May 1997 laying down rules on the implementation of the provision of provision and care for the provision of criminal justice and other nurses responsible for criminal justice (administration of the rules of the Rules of Procedure)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Minister of Justice, of 21 November 1996, No 591920/96/6
Having regard to Article 89 of the Constitution and the Articles 37 C , first paragraph , 38, 1st Member , and 38 A , second member, of the Penal Code and the Article 5, second paragraph , 6, second paragraph , 8, third member , 10, fifth paragraph , 15, first and second members , 16, second paragraph , 18, fourth member , 19, second paragraph , 26, third member , 40, fourth member , 45 , 51, second and fourth members , 70, third member , and 75 of the Principles Act (Law) nursing at the disposal of the ;
Having regard to the opinion of the Central Criminal Council of 11 October 1996, No RA 88/96;
Heard the Council of State (opinion of 17 March 1997, No W03.96.0563);
Having regard to the further report of our Minister of Justice of 13 May 1997, No 626752/97/6
Have found good and understand:
For the purpose of this Decision:
a. the law: the Principles of principle nursing at the disposal of the ;
b. Reclassification: a probation institution as intended in Article 1 (b) of the 1995 Reclassitisation .
1 An application for designation as a private establishment for the purpose of nursing at the disposal of the said decision Article 37 Ed , first paragraph, point A Of the Code of Criminal Law -Is filed with our minister.
2 The application shall contain the following documents:
a. the statutes or regulations of the legal person managing the mental hospital;
(b) a written declaration that a proposed change in the situation with regard to one of the items listed in (a) and (a) in paragraph 3, at least one month before the change in question is made to the knowledge of Our minister is being brought in.
3 The legal person managing the psychiatric hospital shall also provide:
a. The information requested by Our Minister on the construction facilities relevant for the assessment of safety within the establishment and social security outside;
b. The information requested by Our Minister concerning the personnel and equipment required for the assessment of the suitability of the establishment for the purpose of nursing at the disposal of the facility.
4 Our Minister shall decide within six months of receipt of the application referred to in the first paragraph.
1 The designation as a private establishment is withdrawn by Our Minister:
a. at the request of the legal person managing the psychiatric hospital;
(b) if the security or personnel or material equipment of the establishment, as referred to in Article 2 (3), no longer satisfies the requirements which the Minister's opinion must be required to make.
2 The designation as a private establishment may be revoked by Our Minister if the legal person has acted contrary to the applicable regulations and what has been Article 2, second paragraph, point (b) It was declared.
1 The Head of the RijksinDirection shall deliver to our Minister an annual plan for the following year by 1 October each year. The annual plan shall, in any event, include a budget of the costs and revenues for that year.
2 The Head of the RijksinDirection Report shall report to our Minister on its activities in the previous year by 1 March each year. An account shall be attached to this report.
3 Our Minister may lay down rules on the form and content of the documents mentioned in the first and second paragraphs.
1 In respect of any of his or her physical and mental condition, which are made available to or otherwise delivered to the decision by the head of the establishment for the care of his or her physical and mental condition, Article 509 o , second paragraph, below 2 °, of the Code of Criminal Procedure .
2 The notes shall, in any event, contain:
a. As comprehensive data as possible concerning origin and the past;
b. Details of the physical and mental condition upon entry;
c. data relating to developments during nursing;
d. Data on major events during nursing.
3 Our Minister may lay down a model for the notes.
1 The head of the establishment shall keep in a register endorsement of decisions limiting the immovability of the body of the nurseries, mentioned in the Articles 16b (b) , 16c, 1st and Fifth Member , 24 to 28 and 30 , as well as the decisions to seclude or separate, mentioned in Article 34 , and of any criminal sanctions, mentioned in Article 49 of the Act .
2 The note shall, in any event, contain:
a. The personalia of the nurseries;
(b) the nature of the decision taken;
c. the circumstances giving rise to the decision;
d. the diagnosis, in so far as the decision is made for the use of serious danger arising from the impairment of the mental faculties of the nursing;
e. if the nurse has opposed the decision, a communication thereof;
f. as applicable, the duration of the restrictive measure.
3 Our Minister may lay down a model for the register.
1 For each establishment, a committee of supervision of which the members are appointed for the five years shall be the subject of a supervisory committee. They may be eligible twice for reappointment.
2 The committee shall be composed of at least six and not more than a number of members to be determined by our Minister.
3 The monitoring committee shall be as broad as possible. In any case, each committee shall be part of:
a. A judicial member of the judiciary;
b. a psychiatrist;
c. a behavioural expert with knowledge of in-patient care for mental health care;
d. A lawyer.
1 The members of the Supervisory Board shall be appointed by Our Minister. Our Minister shall designate a chairman from among the members.
2 A Secretary is attached to the committee. This is not a member of the committee. The Secretary shall be appointed and dismissed by Our Minister. The Secretary of the Supervisory Board shall also be Secretary of the Board of the Shrieting Board.
3 The committee may appoint one or more deputy secretaries from among its members to carry out, in consultation with the secretary, certain secretarial work and to replace the secretary in his absence. Our Minister may add to a supervisory committee one or more deputy secretaries who are not members of the committee.
4 Our Minister will decide within three months to make a request for appointment.
1 The appointment of the members and the Secretary and the appointment of the Chairman of the Supervisory Board in a judicial private establishment shall be made on a proposal from the Management Board or the Supervisory Board if the latter are responsible for the tasks of the Committee. management.
2 A member of the Board of Management or the Supervisory Board if it fulfils the functions of the Board, cannot be appointed as a Member, Secretary or Deputy Secretary of the Supervisory Board.
For appointment as a member, secretary or deputy secretary, the following shall not be eligible:
a. officials or other persons working under the responsibility of Our Minister in the field of the enforcement of custodial sentences and measures, other than officials in the Public Prosecutor's Office;
b. staff members or staff employed in a provision for consultation of persons who have been arrested;
Persons working in an institution assisted by our Minister who is active in the field of the enforcement of custodial sentences and measures if they are involved in the exercise of their duties; with the persons enclosed in the establishment in which the supervisory board is established;
d. persons employed under the responsibility of Our Minister, if their independence or impartiality could be in dispute either by their position or by the nature of their work;
e. persons against whom objections are raised against the performance of the function which is evidenced by the general documentation registers as referred to in the Judicial data decision or the police data referred to in Article 1 (a) of the Police Data Act . The objections should relate to the confidentiality of the function and to the powers associated with the function.
1 A member of the Supervisory Board shall be dismissed by our Minister in the interim:
a. upon request;
(b) in the case of the acceptance of a post or relationship declared incompatible with the membership of a supervisory committee;
(c) where he has been convicted of a criminal offence by an irrevocable order, or has been a measure of deprivation of liberty in the case of such a judgment;
d. when he, in the judgment of Our Minister by acting or failure to act, seriously prejudies the trust to be put in him.
2 To a member, an interim resignation may be granted by Our Minister in the event of a loss of the capacity or termination of duties or professional fulfilment in connection with which the appointment took place.
1 The members of the Supervisory Board shall have access at all times to all places in the establishment and to all places where the nursing care stays.
2 The members of the supervisory board received from the head of the establishment and the members of staff or staff in the establishment all the information they require in respect of the nursing staff and may all be given in the manner of implementation documents relating to custodial sentences and measures relating to measures involving deprivation of liberty. They shall be subject to secrecy unless they require them to publish their duties, except in so far as they require them to be published or in connection with the implementation of their duties. Records relating to nursing facilities may be considered unless the nursing care has objected.
3 The head of the establishment shall communicate to the Commission all the facts and circumstances which are important for the performance of the task of the committee.
1 The monitoring committee shall meet, if possible, once during the month.
2 The head of the establishment shall attend the meetings of the Supervisory Board. He shall report to each of the meetings on what has been done in the establishment since the previous sitting.
3 The committee may decide to meet outside the presence of the head of the establishment.
4 Our Minister is empowered to attend meetings of the Supervisory Board by attending a ministry official to be designated by his ministry.
5 In each of the meetings of the Supervisory Board, a communication is made of the grievances which have been mediated, the complaints dealt with by the Court of Human Beings, and the particular observations which they give rise to.
1 The monthly Commissioner, referred to in Article 10, fourth paragraph, second sentence, of the Act , shall keep at least twice a month in the establishment proposition. This proverb shall be made known in due time and may be visited by any nursing person who wishes to know the wish.
2 The monthly Commissioner reports on his work to the monitoring committee.
1 The clothed committee, or, if Article 59, third paragraph, of the Act if the person designated by him is employed, it shall sit as often as they require the immediate handling and judgment of the lamentations. It shall be assisted by a Secretary.
2 If the Court of Justice is sitting in session, preferably as chairman, acting on a member of the judiciary responsible for justice.
1 The monitoring committee shall, before 1 March each year, report to our Minister and to the Posting Section and, in so far as it concerns a judicial private establishment, to the Board of Management, report on its work in the previous year.
2 It shall pay particular attention to the report in its report, in particular to Article 55 of the Act (i) conciliation and the results of the conciliation procedure as well as the work of the Conciliation Committee, inter alia by a list of the complainant's complaints and the decisions taken thereon. Our Minister may lay down a model for the establishment of the report.
1 The costs of the Supervisory Board shall be borne by the State.
2 The members of the supervisory board shall enjoy reimbursement of travel and subsistence expenses and a payment of a vacancy in respect of their activities in accordance with the provisions laid down for civil servants ' officials to that end.
3 In so far as the Secretary or the Deputy Secretary is not an official, the latter shall also benefit from the allowance provided for in the second paragraph.
Of a judgment given by the court in respect of an order made by the courts Article 37 B or 38 C of the Code of Criminal Law The public prosecutor shall inform our Minister, including the file of the case, as soon as possible, as soon as possible.
The decision of Our Minister on the award of a provision for consultation with the order for the execution of the public consultation order shall be communicated to him as soon as possible. Head of the institution concerned and the prosecutor of the court which, at the time of the first instance, has taken note of the offence of which the posting has been ordered, as well as the public prosecutor's office within whose jurisdiction it has been ordered to arrondissement of the person concerned.
1 Taking into account Article 11, second paragraph, of the Act if the circumstances so require, our Minister, of its own motion or at the written request of the head of the establishment for the purpose of consulting at the disposal of the decision made available, may decide that the person concerned is the person who is Decision made to another establishment will be transferred.
2 In this case, the head of the establishment of a nursing care facility shall draw up a final report on the provision of care in his establishment. He adds this to the nursing file.
1 The decision of Our Minister for the transfer of the Article 20, shall be notified as soon as possible to the head of the establishment for the purpose of nursing at the disposal of the place of residence of the present decision and of the head of the establishment for the purpose of nursing at the disposal of which the will be transferred at the disposal of the Commission. The decision of Our Minister, intended to Article 13 and 14, first paragraph, of the Act shall be notified as soon as possible to the head of the establishment for consultation of the premises in which the decision has been made and to the institution of clinical observation that is intended to be used as a matter of psychiatric care. hospital to which the transferred order will be transferred. The previous decisions are also reported to the prosecutor of the court which took note at first instance of the offence of which the posting has been ordered, the district prosecutor ' s office of the district the care is to be carried out, and the district prosecutor of the district in which the care is to be continued.
2 In the case of the head of the establishment for the purpose of nursing at the disposal of the decision Article 14, second paragraph, of the Act At the time of a decision to transfer to a mental hospital, he will inform our Minister without delay. If our Minister ratifies the decision, the first paragraph of this article shall apply mutatis mutandis.
(1) The transfer of an order made to the commencement of enforcement of the public consultation injunction is carried out on the public prosecutor's office at the court which, at first instance, took note of the decision the offence in respect of which the posting has been ordered.
2 The transfer of a hospital to a psychiatric hospital which is made available or otherwise made to a psychiatric hospital is subject to the public prosecutor's authority to the court of first instance which has jurisdiction under the law Law on special drawings in psychiatric hospitals has been granted.
3 If Article 14, second paragraph, of the Act Where the head of the establishment for consultation of the order has ceased to take place, or in the event of an unauthorised absence, the movement shall be effected by decision of the head of the establishment for the purpose of the decision. (c) nursing at the disposal of the company. The latter may, in order to comply with its decision, call upon the public prosecutor of the district in which the care provided or otherwise cared for has been provided.
4 In the other cases, the transfer shall be made by the decision of Our Minister.
5 Our Minister may lay down detailed rules for the transfer provided for in this Article.
1 Unauthorised absence shall begin on the day of removal from the enforcement of the custodial sentence or measure which was made by the person concerned or by the other person concerned.
2 Unauthorised absence shall end on the day of the reporting of the available or otherwise medical care, he shall be detained, or by revocation of the request for an alert. This day shall not be taken into account in the duration of the unauthorised absence, which is to be found in Article 38 f. -First paragraph, of the Penal Code .
3 The head of the establishment for the purpose of nursing at the disposal of the police shall request the police to identify the unauthorised absence of the order or to provide for any other care to be taken to the effect that it has been provided. Our Minister may give instructions on this request and on the withdrawal of such request.
(4) The application for an alert and the withdrawal of a request for an alert shall be recorded in a register intended for that purpose which is arranged according to a model established by our Minister.
5 Our Minister shall be informed without delay of any request for an alert or a withdrawal of a request for an alert.
The head of the establishment shall immediately report other special occurrences to our Minister. He shall provide our Minister with all the information required at any time. Our Minister may lay down detailed rules on the content and mode of notification.
1 shall at least be included in the nursing and treatment plan:
a. The diagnosis of the disorder of the nursing;
b. the therapeutic agents that will be applied, if possible related to the various aspects that are to be distinguished in the Disorder;
c. Whether there is agreement on the nursing and treatment plan;
d. the freedoms granted to the care above the rights conferred upon him by or under the law, as well as the conditions attached thereto and the consequences of failure to comply with those conditions.
2 In case of treatment according to Article 16b (a) or (b) of the Act shall also be included in the nursing and treatment plan:
a. the less-encumbing means used to eliminate the risk of the distress of the mental faculties causing the nurseries or to prevent them; and
b. the manner in which the preferences of the nursing care industry are taken into account.
3 The part of the nursing and treatment plan which cannot be reached by either the nursing or the trustee or mentor is only determined by a psychiatrist after a multi-disciplinary consultation has taken place. To which at least a psychiatrist, a doctor, a psychologist and a nurse participated.
4 In case of treatment according to Article 16b (a) of the Act The statements of the psychiatrists, intended to Article 16c, second paragraph, of the Act , concerned by the consultations referred to in paragraph 3.
1 The nursing and treatment plan shall cover at least a period of one year.
2 During nursing care, the nursing and treatment plan may be modified. An amendment shall be made to the review report.
3 A change to the nursing and treatment plan shall be determined in consultation with the nursing staff. The amendment shall be communicated to him for the purpose of the amendment.
1 The head of the establishment shall, in the review report, reflect his views on the person of the nursing staff and shall, in any event, give consideration to the following aspects:
a. the stay in the department;
b. the demand, supply and use made of the treatment;
c. the changes in the mental status picture of the nursing care and treatment industry;
d. the freedom of movement inside and outside the establishment;
e. incidents involving the nursing care of the nursing staff;
f. individual restrictions applied;
g. the opinion of the nurseries.
2 The report contains proposals that are important for the care and treatment of nursing and treatment.
3 The report shall be established in cooperation with the staff or staff most involved in the care and treatment of staff.
1 If during the reporting period, the nurse has stayed in another establishment for the purpose of consulting or in a psychiatric hospital or in a house of detention, provides the head of that establishment, the Mr Director of that hospital, the director of that house, the director of that house, the necessary information to him which has been responsible for the adoption of the report.
2 The same obligation shall apply to the institution referred to in Article 51, second paragraph, of the Act , which during the reporting period had been responsible for providing assistance and assistance to nursing care in the context of pilot leave.
The nursing-file is structured in a careful manner, according to a standard standard format. In any case, they are distinguished:
a. Person and identifying information;
b. judicial data;
c. Treatment data;
d. particulars of the stay.
Next to the Article 19, first paragraph, of the Act The information referred to shall be included in the nursing file:
a. a copy of the communications referred to in Article 54 of the Act ;
b. the decisions of the Court of Appeal and the Appeals Board, as well as the reports referred to in Article 55, sixth paragraph, of the Act ;
(c) copies of decisions of the courts relating to the posting;
d. permissions of Our Minister, intended in the Articles 50, 1st paragraph , and 51, 1st paragraph, of the Act ;
e. data relating to the application of Article 26 of the Act ;
f. data relating to the application of Article 16b (a) or (b) of the Act ;
g. other information relating to the health of the nursing and the operations carried out, to the extent that the recording of such information is necessary for the purpose of good nursing and treatment.
1 During the period of stay of a nursing facility, the nursing-file shall be kept in a lockable space in the establishment.
2 The head of the establishment sends the nursing file simultaneously with the transfer of the nursing, intended to Article 11, third paragraph, of the Act , at the head of the facility where the nursing will continue to be nursed. In the case of transfer to and from a private establishment other than a judicial private establishment, the medical file shall be the file for the purpose of the case in question. Bopz patient file decision , at the same time as the formal transfer.
1 The head of the establishment shall keep the nursing file for a period of ten years from the date when the posting ended.
2 After the period referred to in the first paragraph, the documents shall be destroyed, recorded in the nursing file, or processed in such a way that they are no longer liable to be retreated to the care, unless this is contrary to a material interest of a person Other than the nursing.
3 If, prior to the expiry of the period referred to in paragraph 1, the nurse is made available again with a public consultation order, the retention period shall expire and shall commence at the time of the new State Posting ends.
For the purposes of this Chapter:
a. a-compulsive treatment: an involuntary medical treatment as referred to in Article 16b (a) of the Act ;
b. b-compulsive treatment: an involuntary medical treatment as referred to in Article 16b (b) of the Act ;
c. Compulsory medical treatment: the compulsory medical treatment of the medicinal product intended for Article 26 of the Act ;
ed. Medical treatment: the non-voluntary medical treatment provided for in parts (a) to (c) and the voluntary medical treatment provided for in Article 16a of the Act ;
e. Inspector: the inspector referred to in the Article 1 (c) of the Law on Special Withdrawals in Psychiatric Hospitals ;
f. continuation of a-compulsive treatment: the continuation of a-compulsive treatment referred to in Article 16c, fifth paragraph, of the Act .
1 A medical treatment shall be carried out in an appropriate area, under the responsibility of the treating physician.
2 There is 24 hours a day for medical treatment, seven days a week, with sufficient psychiatric care staff. Moreover, twenty-four hours a day, seven days a week, a psychiatrist is available.
3 A medical treatment shall be carried out only by a doctor or nurse who has sufficient expertise to perform this treatment and if adequate facilities are available for that purpose.
4 Once every two weeks, or more often if the importance of the nursing profession demands this, a multidisciplinary consultation is taking place, involving at least a psychiatrist, a doctor, a psychologist and a nurse.
1 Before the head of the establishment decides that a doctor deemed necessary by the doctor will be treated or enforced, the head of the establishment shall consult with the doctor and head of the section. where the nurse is staying. If the treatment is carried out by another doctor, he shall also consult with him.
Where the use of a compulsory medical treatment is necessary for the use of a compulsory medical treatment, the head of the establishment shall be responsible for the use of the person responsible for the use of the medical practitioner. In addition, consult with the psychiatrist responsible for the treatment.
3 In the consultations referred to in paragraphs 1 and 2, it shall examine whether the hazard cannot be averted in any other way.
4 In the situation referred to in Article 26, second paragraph, of the Act , the head of the department shall hold the consultations referred to in the first and second paragraph respectively. The consultations of the head of the establishment with the persons referred to in paragraphs 1 and 2 shall be held as soon as possible after the beginning of the medical treatment.
1 As soon as possible after the commencement of the compulsory medical treatment, a plan shall be drawn up by or under the responsibility of a doctor to improve the condition of the nursing care that the application of the force has been applied Medical treatment may be terminated. This plan shall be included in the nursing and treatment plan.
2 The choice of a particular medicinal product shall always be chosen for the least radical act for the nurse.
1 Before the head of the establishment takes the decision to proceed with compulsory treatment, he shall consult with at least the psychiatrist responsible for the treatment and the head of the department to which the nursing care is resident.
2 The consultation referred to in the first paragraph shall examine whether the continuation of the treatment may still be expected to have the effect of the intended effect.
3 The results of the multidisciplinary consultations provided for in Article 33a, fourth paragraph , shall be included in the decision.
During the period of treatment of a (a) or a (b) compulsive treatment or medical treatment, the nurse shall be visited as often as necessary by a medical practitioner or by a nurse. The report of his/her findings shall be included in the nursing file.
1 The head of the establishment shall inform the Chairperson of the Supervisory Board, the counsel of the nurse, the curator and the mentor of the intention to make a compulsive treatment no later than three days before taking such a decision. Decision. They shall be given the opportunity to express objections to the decision.
2 The chairman of the Supervisory Board shall report without delay to the monthly Commissioner. After the notification, the Commissioner immediately visits the nurse.
3 The application of a procedure, of compulsory treatment, of compulsory medical treatment, of compulsory medical treatment or a continuation of a procedure of treatment shall be notified to our Minister and to the monitoring committee not later than at the beginning of the treatment. In addition, in the case of a-compulsion, b-compulsion, or in cases where a compulsory medical practice is applied in relation to a risk arising from a distress disorder of the nursing family, notification shall also be made of: the inspector.
4 At the commencement of a procedure of treatment, the head of the establishment shall also give notice to the persons mentioned in paragraph 1.
5 The head of the establishment shall send a copy of the decision to the treatment referred to in paragraph 3 with the notification in which he shall indicate in any case:
a. In connection with the risk of a treatment, a treatment or a compulsory medical practice, a decision was taken;
b. which less encumber means have been used to eliminate the risk or to avert the risk;
c. which persons referred to in Article 16a (c) of the Act , oppose the treatment;
d. the manner in which consideration is given to the preferences of the treatment used in the treatment; and
e. if a treatment takes place in a situation where it is the nursing that resies, or it can be considered to be able to make use of the scheme, contained in the Chapters XIV-XV Respectively XVI of the law .
6 In the case of a decision of a-compulsive treatment, b-compulsive treatment or a decision to pursue a-compulsive treatment, the head shall also indicate which attempts have been made to reach an agreement as referred to in Article 4 (2). Article 16a (b) of the Act It's coming In the case of a decision on compulsory treatment, he shall also indicate the objections raised by the persons referred to in the first paragraph.
7 The head of the establishment shall notify the persons mentioned in the third party and, where appropriate, the fourth paragraph of the termination of a treatment, a compulsory treatment, or a compulsory medical treatment.
The responsible doctor shall ensure that the notification of the application of a-compulsive treatment, b-compulsive treatment, compulsory medical treatment or as a precaution of a-compulsive treatment shall be entered in the register as referred to in Article 3 (2). Article 6 and in the nursing file. He shall also ensure that the results of the consultations provided for in Article 33a, fourth paragraph , Article 34 , and Article 34b , as well as the opinions given and the arrangements made in the consultation and treatment plan.
1 The inspector shall, after the termination of each of the a-or b-compulsive treatment, but in any case after the expiry of the period of time, Article 16c, fourth paragraph, of the Act , an examination of whether the decision until treatment has been carefully taken and whether the execution of the treatment has been carefully taken.
2 The inspector shall also carry out an examination of the termination of any compulsory medical treatment, if that act has been taken for the purposes of the use of a hazard resulting from the impairment of the mental faculties of the nursing staff.
1 If the application of treatment, intended to Article 34, second paragraph , the duration of two weeks exceeds, the head of the establishment shall make up a committee consisting of at least one department head, a psychiatrist, a doctor and a psychologist.
2 The committee referred to in paragraph 1 shall, within two days of the period referred to in the first paragraph, and, if the involuntary treatment continues to continue, every two weeks, give its opinion to the Head of the establishment on the continuation of the procedure of that treatment.
1 Telephone calls in connection with the supervision of the Article 38, second paragraph, of the Act shall be retained for a period of not more than eight months.
2 After expiry of the period mentioned in the first member, a recorded phone call shall be erased.
3 If in the exercise of supervision, it appears that a telephone conversation with a person as referred to in Article 36, first paragraph, of the Act is included, this recorded call will be deleted immediately.
4 The nursing will be informed of the recording of telephone traffic.
5 Recorded telephone calls shall only be issued to third parties who are empowered to be informed of the tasks assigned to or under the law.
6 The provision of the provision referred to in paragraph 5 may be made only in relation to:
(a) the protection of society against the danger of nursing to the safety of others than the nursing or general safety of persons or property;
b. the maintenance of the order or security in the establishment;
(c) the protection of victims of or other persons involved in criminal offences;
d. the prevention or detection of criminal offences.
To an establishment are spiritual carers of different faiths or life beliefs connected, but in any case spiritual caregivers of Protestant and Roman Catholic family and spiritual caregivers belonging to the humanistic He was
1 In the Ministry of Security and Justice, a head preacher, a chief chaplain and a head of humanistic mental care have been appointed. They are acting as representatives of the sending bodies and asked our Minister and asked for advice on mental care in the establishments.
2 Heads, mentioned in paragraph 1, are in any case responsible for the recruitment of cleric carers for the purposes of the State of the State of their family or of life.
1 The appointment of a spiritual caretaker of Protestant or Roman Catholic family or a spiritual carer belonging to the humanistic alliance is carried out by or because of Our Minister, on a proposal from the Minister concerned. Chief cleric, named in Article 37, first paragraph .
2 The appointment of a clerical carer from Protestant or Roman Catholic family or a spiritual carer belonging to the humanistic alliance in a judicial private establishment is carried on by or because of the administration of the establishment heard the relevant chief cleric, named in Article 37, first paragraph .
1 A spiritual carer of a person other than the in Article 36 The head of the State's own institution may associate such a family or life-conviction other than by means of an appointment. The Head of Rijksindirection shall not take this decision after consultation with the cleric attendants already attached to the establishment.
2 Our Minister may lay down job requirements with regard to mental caregivers as referred to in the first sentence of the first paragraph.
3 A mental carer who is connected to a driving course other than by way of appointment shall receive a remuneration to be determined under the control of our Minister for his work and the costs incurred by him.
1 'Own money' means:
a. the money that the nursing home has in his possession;
b. the money received during his stay in the establishment for his benefit;
c. the allowance for the performance of work and the work wage, as referred to in Article 3 (1). Article 46, second paragraph, of the Act .
2 The management of the personal money of the nursing staff shall be the responsibility of the head of the establishment, unless otherwise provided for in the treatment and treatment plan.
3 When the nursing has no management of his own money, he has the disposition of a current account at the facility.
Because of our Minister, the intended or other person who did not have any income received a bag and change of clothes to be determined by our Minister.
1 The nursing board referred to in Article 70, first paragraph, of the Act It shall consist of at least three and a maximum of seven members.
2 Members shall be elected by a majority of votes.
3 The membership of the nursing board shall end after a period of two years or so much earlier if the care of the relevant member in the establishment terminates, has been granted probation, or as soon as it has been paid in writing; membership has thanked.
The head of the establishment shall provide the nursing board with the opportunity to conduct consultations at least once a month, referred to in Article 70, second paragraph, of the Act Unless special circumstances preclude them.
1 The head of the establishment shall provide the nursing board with the information, the time and the material resources required for its operation and, once a month, shall offer to the nursing board for two hours the opportunity to consider and to meet for that purpose.
2 The members of the Nursing Board shall have the right to consult, intended to Article 70, second paragraph, of the Act , as well as to participate in the internal deliberation referred to in paragraph 1.
3 The internal deliberation, referred to in paragraph 1, shall be carried out without a supervision.
4 The head of the establishment may, on the basis of the maintenance of order or safety in the establishment of the provisions of the second and third paragraphs, depart from the provisions of the procedure.
Disputes between the nursing board and the head of the establishment may be submitted to the monitoring committee by either party for conciliation.
If, three months before the date of expiry of the time limit for the provision of a decision to provide public authority, the care to be taken has not been completed, the head of the establishment for the purposes of nursing care shall be (i) Decision adopted within one month from that date of an opinion, as referred to in Article 4 (2) Article 509 o , second paragraph, below 1 °, of the Code of Criminal Procedure -On and send this to our minister. The opinion shall be:
a. the desirability of the extension of the posting;
b. the time limit, on which, in his opinion, the extension should extend.
2 If the dangerousness of the mental faculties resulting from the disposition of mental abilities has been reduced so as to ensure the safety of others than the available or the general security of persons or property so that the head of the establishment for consultation of the opinion, referred to in paragraph 1, with a written proposal for that purpose, shall be responsible for putting an end to the care under conditions.
3 In the case of the opinion, a copy of the notes shall be given in Article 509 o , second paragraph, below 2 °, of the Code of Criminal Procedure The opinion of a psychiatrist attached to the establishment must be presented and, if the head of the establishment for consultation of the decision is not a psychiatrist himself, the opinion of a psychiatrist attached to the establishment.
Where in the case referred to in paragraph 1, the decision made available on the grounds of a trial leave outside the establishment for the care of the sentenced person and accompanied by probation by the probation procedure, the head shall be accompanied by the of the establishment for the purpose of consulting his opinion, the reclassification of the advisability of renewal of the posting or the conditional termination of the provision of a medical care.
5 Our Minister shall send the opinion of the annexes to the public prosecutor to the court of first instance of the crime in respect of which the posting has been ordered.
If the extension of the posting process could lead to the total duration of the posting being exceeded for a period of six years or a multiple of six years, the head of the provision for care shall be sent to the The decision was taken six months before the date on which the decision to make provision has expired, a preliminary opinion on the advisability of extending the posting to Our Minister. Article 46, fifth paragraph , is applicable.
1 Where the nursing is conditional upon the termination of the provision or the provision of the provision of the provision, the probation service shall send that the aid granted and the aid granted, if the extension of the posting is to be extended. is possible, three months before the time of the posting of the posting, advice on the desirability of extending that extension to Our Minister. The opinion shall be accompanied by a reasoned opinion, signed and signed by a psychiatrist, who himself has examined the opinion of the opinion.
2 The documents referred to in paragraph 1 shall be forwarded to the Public Prosecutor's Office for two months before the date on which the posting of the posting is due to expire on the date of expiry of the period of posting. Article 46, fifth paragraph .
1 Where the Prosecutor's Office is the subject of the preliminary opinion, Article 47 , it intends to submit a claim for renewal of the posting so that the total duration of the posting is beyond a period of six years or a multiple of six years, does so as soon as possible. Communication to our Minister.
2 After receipt of the communication referred to in paragraph 1, our Minister shall ensure that an expert opinion or expert report is drawn up in good time. Article 509 o (iv), fourth member, of the Code of Criminal Procedure and, for their timely transmission to the public prosecutor ' s office, intended Article 46, fifth paragraph .
3 Our Minister may lay down detailed rules on the examination which is the basis of the opinion or report provided for in this Regulation. Article 509 o (iv), fourth member, of the Code of Criminal Procedure .
If so requested by the Ministry of Public Prosecutor, there shall be a new opinion as referred to in the Article 46, first paragraph , or 48, 1st Member Sent to our minister. Article 46, fifth paragraph , is applicable.
1 The public prosecutor's office Article 46, fifth paragraph , please inform our Minister as soon as possible:
(a) of his decision not to present an application for an extension of the posting of the goods;
b. of his claim for conditional termination of public consultation in accordance with Article 38g, 1st paragraph, of the Penal Code ;
c. where a claim for renewal of the posting has been made or a claim under the conditions of B has been filed, from the court ' s decision to this claim and, if it has not become irrevocable, of the appeal to the special Chamber of the Court of Justice, Arnhem-Leeuwarden, of a preliminary termination of the Public consultation as provided for in Article 509w, third member, of the Code of Criminal Procedure , and of the decision on the appeal.
2 The head of the establishment for the purpose of nursing care where the person concerned is nursed and the probation which grants aid and assistance to the person concerned during pilot leave shall be informed by Our Minister of a decision of the court as referred to in paragraph 1, unless other legal provisions already provide for such notification.
1 The head of the establishment for the purpose of nursing at the disposal of the said decision shall provide the competent or other person with the opportunity to leave the facility for the purposes of consultation with a view to making a judicial decision on the provision of a procedure to be established:
a. If he is required by legal regulation to appear before a court or administrative body;
b. if he is to be subject to a crime;
c. If he has a material interest in attending the proceedings, and if the establishment of the establishment is not abandoned, there is no question of predominant objection to that effect.
2 The head of the establishment, for the purpose of nursing at the premises, may provide for supervision during the stay of the establishment.
1 Leave as referred to in Article 50, first paragraph, of the Act It is divided into the following forms:
a. supervised leave;
b. Undirected leave;
c. transmural leave;
d. occasional leave of absence.
2 Before the head of the establishment for consultation of the order is transferred to the provision of a form of leave provided for in paragraph 1, the Secretary of State shall give written authorisation to our Minister. The authorization of Our Minister may also include several of the pavers set out in the first paragraph. The authorisation shall be granted for a period of one year. For the purpose of granting a new authorisation, the establishment of a provision for consultation of two months before the expiry of the authorisation shall be subject to a review by Our Minister. A new authorisation shall be granted only if a review has been issued.
The authorization expires:
1 °. as soon as the approved or otherwise treated 24 hours is not unauthorised, unless it is a force majeure; or
2 °. once the Public Prosecutor ' s Office reports to the head of the tbs establishment that the intended or otherwise nursing person is considered a suspect of a criminal offence for which provisional custody was admitted, committed during the Implementation of the provision of public service by means of a public consultation order.
The head of the establishment shall make a criminal act as referred to in paragraph 2 within 24 hours with a criminal investigation officer. If the decision made in respect of whom a declaration is made by the head of the establishment has been given leave, that leave shall be withdrawn forthwith by the head of the establishment. The head of the establishment shall not grant a leave of leave to those who are declared by the head of the establishment, up to the notice of the public prosecutor referred to in section 2.
3 Our Minister may revoke the authorisation in the event of a breach of the conditions laid down in the granting of leave, or if facts or circumstances become known which, if they had been known at the time of the granting of the authorisation, the authorisation was not granted or would not have been granted in this form. Our Minister may, by way of provision for consultation of the order or section thereof, withdraw all leave authorizations if there is evidence of a pattern of multiple digests or of a pattern in that establishment or department. other incidents.
4 The request of the head of the establishment for consultation of the order for consultation shall be made after multidisciplinary consultations within the institution of the institution.
5 The head of the establishment for the purpose of nursing care shall lay down in the rules of the house a detailed procedure prior to the granting of leave. The rules of the house shall also include a procedure concerning the manner and frequency of leave to take place on leave.
6 At the beginning of the period of leave, the nursing staff shall receive a leave pass or otherwise. It shall at least state the time of the start and the end of the leave.
7 There is a trial electronic tracking system as a condition on leave. The test is of a temporary nature and lasts for a maximum of six years. Participation in this test shall be on a voluntary basis. A ministerial arrangement lays down rules on this test, including the target group, the criteria and the legal status of the proposed decision.
8 Our Minister proposes further rules on the abandonment of the establishment by way of a leave of absence.
1 The authorization of the Minister for the grant of the Minister's leave provided for in Article 51, first paragraph, of the Act The application for consultation shall be made in writing by the head of the establishment for the purpose of consulting them.
2 A pilot leave plan, drawn up in conjunction with the probation measure, shall be presented at the request and, if possible, to be located in the district in which it will be placed at the disposal of the present day during this pilot leave.
3 Our Minister shall decide on this request as soon as possible. The decision shall be notified in writing to the head of the establishment for consultation of the decision. The permission of Our Minister is granted for the duration of one year.
4 Our Minister shall issue an authorisation as referred to in paragraph 1 to the Public Prosecutor's Office in the court which, at first instance, has taken note of the crime in respect of which the posting has been ordered, Public prosecutor ' s office in the district in which the decision is to be established on the basis of the pilot leave plan and the probation measure which will be granted to the aid and aid provided.
5 Our Minister proposes further rules on the abandonment of the establishment by way of a trial leave.
There is a trial of forensic psychiatric supervision at the stage of trial leave. The test shall be of a temporary nature and shall last no more than three years. Our Minister shall designate establishments for the purpose of nursing at the disposal of the test. The test shall be carried out, without prejudice to the involvement of the probation measure, on the available on probation, supervised by the provision for consultation of the order for consultation.
At the start of the pilot leave, the decision of the head of the establishment for the purpose of nursing care shall receive a written declaration stating the conditions attached to the pilot leave, In addition to the grounds on which the head of the establishment for the provision of services was made available, in accordance with Article 50, third paragraph, of the Act , the trial leave can be revoked.
Where necessary, the nursing staff shall be reimbursed if necessary for travel or travel to the place of destination and return, provided that they do not provide for any other legislation.
1 If the head of the establishment for consultation of the order withdraws the probate leave, he shall forthwith inform Our Minister. The notification shall be confirmed in writing, specifying the date from which the decision was taken.
2 The head of the establishment for the purpose of nursing care shall inform the decision as soon as possible of the decision to withdraw the probate leave.
3 The head of the establishment shall issue a written notice to the authorities of the decision to withdraw the test leave. Article 54, fourth paragraph .
4 The authorization of Our Minister shall lapse:
1. as soon as the decision made available for twenty-four hours is not unauthorised, unless it is a force majeure; or
2 °. once the public prosecutor reports to the head of the tbs establishment that the decision to be made available is considered a suspect of a criminal offence for which a provisional detention order has been committed, committed during the trial leave.
The head of the establishment shall make a criminal offence, as referred to in paragraph 2, to a criminal investigation officer within twenty-four hours of the offence. If the decision made in respect of whom a declaration is made by the head of the establishment has been made, such leave shall be withdrawn immediately by the head of the establishment. The head of the establishment shall not grant an annual leave to the order made in respect of whom a declaration is made by the head of the establishment, up to the notice of the public prosecutor referred to in section 2.
5 Our Minister may revoke the authorisation in the event of a breach of the conditions laid down in the granting of a trial leave, or if facts or circumstances become known which, if they were known at the time of the grant of the authorisation has been, or would not have been granted in this form, the authorisation. Our Minister informed the Council forthwith of the withdrawal of the licence to the head of the establishment for the purpose of nursing at the disposal of the institution.
Special conditions referred to in Article 51, second paragraph, of the Act In order to obtain aid and support, the head of the establishment for the purpose of nursing care shall be informed of the probation measures provided for by the aid and the aid provided. The same shall apply with regard to decisions which seek to amend, supplement or abolish the conditions of aid and aid.
1 Reclassification of the meaning of Article 58 It shall, as soon as possible after it has been entrusted with the provision of aid and support, shall be connected to [ text correction: 'to be' with 'with'. '] the head of the establishment for the purpose of nursing at the disposal of the order has granted a trial leave.
2 The reclassification shall ensure that the head of the establishment for consultation of the order is informed of all the special occurrences which are the subject of the decision.
1 The probation report shall report regularly to the head of the establishment that has granted a trial leave, provided that the first reporting takes place after a month of the probing leave has elapsed and that it is then repeated reported over a period of two months.
2 If the posted safety of others or the general safety of persons or goods is endangered or threatened or is likely to endanger or threaten the safety of persons or property, it shall be subject to an interim period. reported.
3 In the course of the first half of the third month before the date of expiry of the time limit for the provision of public service provision by means of consultation of the State, the probation service shall be sent to the head of the establishment for the purposes of consulting the public authorities for the purposes of consultation. The Court held its observations on the advisability of extending the posting. These considerations shall, if possible, be accompanied by the opinion of the psychiatrist attached to the probation measure, which has had the opportunity to intervene.
1 The probation measure may, on the basis of its own motion, submit to the head of the establishment for consultation of a proposal for amendment of, or removal of, the terms and conditions referred to in Article 51, second paragraph, of the Act .
2 Probation may be made by the Head of the establishment for the purpose of consulting and our Minister to the Public Prosecutor's Office for the enforcement of conditional termination of the order of Public consultation.
3 Probation must be requested from the head of the establishment for consultation and our Minister for the opinion.
Of the order by which the court order the probation order gives the order made in respect of the conditions for aid and aid, intended to be granted in the case of Article 38, first paragraph , or 38 G , second member, of the Penal Code , please inform our Minister as soon as possible to our Minister and to the probation service in the district where the conditions are being implemented.
General supervision at the disposal of non-governmental nurses is the responsibility of our Minister.
1 Upon termination of the stay in the establishment for the purpose of nursing care, the intended or otherwise nursing allowance shall be paid to his place of residence or place of stay within the Netherlands for a travel or travel trip.
(2) If the circumstances so provide, our Minister may decide that the person concerned will be transferred to the place of destination.
1 Our Minister receives for the purposes of supervision, intended in Article 63 , as soon as possible, notification of any relating to a non-governmental health care.
a. Rendered irrevocable judgment ordering, as referred to in the first sentence of, the Article 38, first paragraph, of the Penal Code ;
b. judicial decision relating to a claim on the basis of Article 38b , 38c , 38i or 38k of the Code of Criminal Law ;
(c) decision on freedom of liberty by the competent authority;
d. having become irrevocable in a civil or military court ruling in respect of the decision to be made shall have been made guilty of the offence of a crime.
2 The facts referred to in paragraph 1 shall be communicated to our Minister by the officials responsible for the enforcement of the judicial decisions referred to in that paragraph, each official of the public prosecutor's office, who shall be responsible for the the first paragraph, C That decision shall be notified of freedom of freedom.
1 Our Minister shall make available to him, in accordance with Article 65, as well as any other information made available to him not from the State, to the extent that it appears desirable, to include in general the information provided to him. Department of registry.
2 If, in relation to a non-governmental public service, the knowledge of the data from the general register may be in the opinion of our Minister of interest to the Public Prosecutor's Office in the case of the Mr President-in-Office of the Court of First Instance of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European
1 With the verification of compliance with the conditions specified in: Article 38, first paragraph , and of the terms and conditions specified in Article 38 G , second member, of the Penal Code The public prosecutor's office is always in charge of the district in which the person concerned has actually lived.
2 The public prosecutor referred to in paragraph 1 shall be informed, where necessary, by our Minister of the conditions referred to in paragraph 1 and of a request for assistance and assistance. Any judgment given at a later date in respect of conditions, order to grant aid and support or renewal of the provision shall also be notified to this public prosecutor, where necessary. shall be taken The Prosecutor's Office shall, if necessary, draw up the new or amended conditions on the letter of resignation.
The probation measures referred to in Article 62 , poses as soon as possible after she is tasked with providing assistance and support in connection with the public prosecutor ' s office Article 67, first paragraph , monitoring of the exercise of the exercise made available. It shall ensure that this authority is informed of any crime and other special occurrences which are the subject of the relevant decision.
With regard to the terms and conditions referred to in Article 38, first paragraph , and 38 G , second member, of the Penal Code , reports the probation report at least once every three months to Our Minister and to the Public Prosecutor ' s Office Article 67, first paragraph , monitoring of the exercise of the exercise made available.
The parole may make a proposal to the Public Prosecuting Office to amend, supplement or remove the terms referred to in Article 38, first paragraph , and Article 38 G , second member, of the Penal Code .........................................................
1 If the conditions laid down in the order are taken into account, or do not require the interest of the safety of others or the general security of persons or property, the probation measure may propose the order of the To be consulted by our Minister to the public prosecutor's office in the court of first instance of the crime in respect of which the posting has been ordered.
2 Probation shall be requested by Our Minister and the prosecutor referred to in paragraph 1 of the Opinion.
Of a device as referred to in Article 38 A , second member, of the Penal Code , it is required that these:
a. an institution is as specified in Article 1, first paragraph, part f, of the Law authorising health care institutions which is authorised for the provision of care to which the claim exists under the Long-term care law , or
b. has been designated as a psychiatric hospital referred to in Article 1, point H , of the Law on Special Withdrawals in Psychiatric Hospitals .
The Director of an establishment as referred to in Article 38 A , second member, of the Penal Code , at all times, the officials appointed by our Minister shall grant access to places where they are held. Officials shall be empowered to see the documents relating to such persons, in so far as it is reasonably necessary for the performance of their duties.
The Director of an establishment as referred to in Article 38 A , second member, of the Penal Code , means the notes referred to in this establishment which are made available in this establishment. Article 5 . The second and third members of Article 5 shall apply. Article 24 shall apply mutatis mutandis, except that the notification shall also be made to the public prosecutor on the basis of Article 67, first paragraph -supervision of the exercise of the exercise made and the rehabilitation provided for in the Article 62 .
The Director of an establishment as referred to in Article 38 A , second member, of the Penal Code , provides for the rehabilitation which has been entrusted with the aid and assistance of an institution residing in his establishment to provide the information necessary for the purpose of providing assistance and support and drawing up the opinions which are to be delivered. to be drawn up in relation to the submitted.
1 The reward of the interpreter or the translator and the reimbursement of expenses incurred by them, referred to in Article 78, point A Of the law shall be carried out in accordance with or under the conditions of Law Rates in Criminal Matters .
The Secretary of the Committee on the Court of Appeal shall lay down the amount of remuneration and remuneration on the basis of the provisions referred to in paragraph 1. The payment shall be the head of the establishment.
The reimbursement of costs incurred by a person as referred to in Article 61 (4) of the Law shall be based on the following: Law Rates in Criminal Matters . Article 76, second paragraph, shall apply mutatis mutandis.
The costs of burial or cremation in the event of the death of an posted or other person shall be deemed to be reasonably necessary and not to be borne by the person concerned or his heirs. shall be charged to the State.
1 Without prejudice to or pursuant to the provisions of the Long-term care law shall be borne by the State:
a. the costs of nursing and treatment of the provided or otherwise cared for by behavioural experts in relation to the person's mental impairment;
(b) other costs of medical care provided by the public health service provided for by the public authorities;
(c) the costs of transferring a nursing home or other person to any person intended for the purpose of the care.
2 The necessary cost of living during a trial leave shall not be borne by the State.
Any person involved in the implementation of the Act and this Decision shall be given the information of which he is of the confidential nature or reasonably presumed, and who is not already under the terms of office, profession or profession. (i) a requirement of confidentiality is compulsory, except in so far as any provision of law requires it to be disclosed or has been the subject of an obligation to publish it in the execution of that instrument. the need for publication is necessary.
The Rules of Procedure implementing the decision of 6 June 1988 ( Stb. 1988, 282) and the Temporary Arrangement of the Legal Status of the Order of 29 January 1987 ( Stb. 1987, 55) shall be repealed.
Where a provision for consultation at the time of entry into force of this Decision has been designated under Article 26 (1) of the Rules of Procedure pursuant to the Rules of Procedure of the Member States, this designation shall be deemed to be designation on the basis of Article 2 of this Decision.
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is cited as: Rules of Procedure made available for consultation.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 22 May 1997
Beatrix
The Minister of Justice,
W. Sorgdrager
Published on 5 June 1997The Minister of Justice,
W. Sorgdrager
