HOLLAND - DEVELOPMENTS IN CRIMINAL LAW AND PENAL SYSTEMS, 1977

• NCJ Number: 57852
• Journal: Criminal Law Review Dated: (AUGUST 1978) Pages: 478-481
• Author(s): D W STEENHUIS
• Date Published: 1978
• Length: 4 pages
• Corporate Author: Sweet and Maxwell
• Publication Format: Article
• Language: English
• Country: United Kingdom

Annotation

DUTCH STATUTES ENACTED IN 1977 DEALING WITH PRISON DISCIPLINE, INMATE COMPLAINTS, AND THE ADMINSTRATION OF FINANCIAL PENALTIES ARE DISCUSSED.

Abstract

IN THE AREAS OF CRIMINAL LAW AND CORRECTIONS, ONLY TWO SIGNIFICANT LEGISLATIVE REFORMS WERE ENACTED BY THE DUTCH PARLIAMENT IN 1977. ONE REFORM AMENDED THE PRISON (PRINCIPLES) ACT SO AS TO CHANGE PATTERNS OF DISCIPLINARY PUNISHMENT IN PRISONS AND ISSUES AFFECTING THE INMATE'S RIGHT TO COMPLAIN. PRIOR TO THE AMENDMENT, THE FOLLOWING MODES OF DISCIPLINARY PUNISHMENT WERE PERMITTED IN PRISONS: SOLITARY CONFINEMENT IN A PUNITIVE CELL FOR A MAXIMUM OF 4 WEEKS, PLACING IN CHAINS, SERVING OF WATER AND BREAD INSTEAD OF NORMAL FOOD, DEGRADATION OF CLASS, LOSS OF VISITING PRIVILEGES AND THE PRIVILEGE OF WRITING AND RECEIVING LETTERS, AND LOSS OF THE PRIVILEGE OF READING AND ADMISSION TO AND USE OF THE CANTEEN OR OTHER PRIVILEGES. UNDER THE NEW AMENDMENT, ALL BUT SOLITARY CONFINEMENT IS ABOLISHED, AND THE MAXIMUM PERIOD OF CONFINEMENT IN A PUNITIVE CELL HAS BEEN REDUCED TO 2 WEEKS. IN ADDITION, THREE NEW MODES OF PUNISHMENT HAVE BEEN INTRODUCED--SEGREGATION IN A CELL OTHER THAN A PUNITIVE CELL, FINES, AND REPRIMAND. ALSO, UNDER THE NEW AMENDMENT, THE FOLLOWING AREAS ARE SPECIFIED AS ELIGIBLE FOR PRISONER COMPLAINTS: DECISIONS TO IMPOSE A DISCIPLINARY PUNISHMENT, DECISIONS IMPLYING A DEVIATION FROM THE RIGHTS THE PRISONER CAN DERIVE FROM THE INSTITUTION'S REGULATIONS BEING IN FORCE, AND DECISIONS SERVING TO REFUSE THE MAILING OR RECEIVING OF CORRESPONDENCE OR THE DISALLOWANCE OF VISITS. PROCEDURES FOR SUBMITTING AND ACTING UPON COMPLAINTS ARE SPECIFIED. IN AN EFFORT TO EXPAND THE USE OF FINANCIAL PENALTIES IN LIEU OF IMPRISONMENT, A SECOND ENACTMENT PROVIDES FOR THE PAYMENT OF FINES IN INSTALLMENTS AND PROCEDURES TO BE FOLLOWED IN THE EVENT OF DEFAULT. MENTION IS ALSO MADE OF SOME PROPOSALS FORMULATED BY A LEGISLATIVE COMMITTEE CONSIDERING THE PURPOSE AND FUNCTION OF HOUSES OF DETENTION (WHERE PERSONS ARE HELD WHILE AWAITING TRIAL). (RCB)