<b>Bijsluiter</b>. De hyperlink naar het originele document werkt niet meer. Daarom laat Woogle de tekst zien die in dat document stond. Deze tekst kan vreemde foutieve woorden of zinnen bevatten en de opmaak kan verdwenen of veranderd zijn. Dit komt door het zwartlakken van vertrouwelijke informatie of doordat de tekst niet digitaal beschikbaar was en dus ingescand en vervolgens via OCR weer ingelezen is. Voor het originele document, neem contact op met de Woo-contactpersoon van het bestuursorgaan.<br><br>====================================================================== Pagina 1 ======================================================================

<pre>Advisory report on the ‘legislative proposal regarding the legal
status of juveniles in closed juvenile institutions’,
Council for the Administration of Criminal Justice and Protection
of Juveniles (RSJ)
Summary
On 2 July 2020, a legislative proposal regarding the legal status of juveniles in closed
juvenile institutions (hereinafter referred to as ‘the legislative proposal’) was submitted
for consultation. The Advisory Division of the Council for the Administration of Criminal
Justice and Protection of Juveniles (hereinafter referred to as ‘the RSJ’) has been asked to
respond to this legislative proposal.
Scope of the legislative proposal
The legislative proposal has three primary objectives. In the first place, the legislative
proposal aims to improve the legal status of juveniles in closed juvenile institutions.
Secondly, the aim of the legislative proposal is to harmonise the legal status of these
juveniles as much as possible. Finally, the legislative proposal supports the development
towards a more small-scale approach in the placement of juveniles in closed juvenile
institutions.
The basis of the legislative proposal is formed by three distinct regimes of closed
placements for juveniles: 1. the limited closed regime (small-scale residences); 2. the
closed regime (secure residential youth care); and 3. the high-security closed regime
(juvenile detention centres). All regimes, from the limited closed regime to the high-
security closed regime, have different security levels associated with more and more far-
reaching possibilities to impose measures restricting freedom. In the high-security closed
regime disciplinary sanctions may be imposed on juveniles.
Uncertainties regarding four key themes
The RSJ supports the shift towards harmonisation of the legal status of young people in
closed juvenile institutions. In addition, the RSJ is positive about the fact that this
legislative proposal provides a formal position to small-scale residences. However, the
RSJ concludes that this legislative proposal does not achieve optimal harmonisation. This
is primarily due to the fact that Youth Mental Health Care (Jeugd-ggz) has not been
involved in this harmonisation process. Secondly, the RSJ observes that legal gaps and
ambiguities have arisen since the legislative proposal only partially replaces the Young
Offenders Institutions (Framework) Act (Beginselenwet Justitiële Jeugdinrichtingen, Bjj)
and Chapter 6 of the Youth Act (Jeugdwet) rather than merging them into one umbrella
Act.
The RSJ has considered what the situation will look like for juveniles once the legislative
proposal becomes law on the basis of four key themes: 1. The basis and objectives of
Postbus 30137
2500 GC Den Haag
www.rsj.nl
</pre>

====================================================================== Einde pagina 1 =================================================================

<br><br>====================================================================== Pagina 2 ======================================================================

<pre>deprivation of liberty as stated in the legislative proposal; 2. The three closed regime
levels; 3. Measures restricting freedom and disciplinary sanctions; and 4. The complaints
and appeals procedure.
With regard to the first theme, the RSJ notes that the phrasing of the objectives of
deprivation of liberty in the legislative proposal differs from the phrasing of Section 2(2)
of the Bjj. As a result of this reformulation, it seems that the rehabilitation of juveniles is
no longer the key priority.
With regard to the second theme, the RSJ concludes that more clarity is needed on the
placement process and the criteria for placement decisions, both for juveniles placed
under criminal law as for juveniles placed under civil law.
With regard to the third theme, the RSJ notes, among other things, that the use of far-
reaching measures restricting freedom must be accompanied by greater safeguards. In
addition, the RSJ is of the opinion that confinement in a segregation space should no
longer be considered as an option and that the maximum duration of confinement should
be further limited. Moreover, the RSJ considers confinement in the context of a
disciplinary sanction to be undesirable.
With regard to the fourth and final theme, the RSJ notes that key provisions from the Bjj
are not included in the legislative proposal. As a result, the legal status of juveniles,
particularly those placed under criminal law, appears to have deteriorated rather than
improved.
Advice
In the opinion of the RSJ, the foregoing does not only lead to a deterioration of the legal
status of juveniles in closed institutions, but also to additional ambiguities for juveniles
and employees of closed institutions. In the opinion of the RSJ, this can be overcome by
drafting an umbrella Act concerning the legal status of juveniles in all closed juvenile
institutions. The key recommendation of this advisory report is therefore to integrate
Chapter 6 of the Jeugdwet and the Bjj into one single Act. In order to ensure complete
harmonisation, the relevant provisions of the Mandatory Mental Healthcare Act and the
Care and Compulsion Act should also be included.
This advisory report can be consulted on the RSJ website, www.rsj.nl, under the heading
of Advisory reports.
</pre>

====================================================================== Einde pagina 2 =================================================================

<br><br>