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Penitentiary Order

Text provided by Penal Reform International

 

CHAPTER 1. TERMS AND DEFINITIONS

Article 1

For the purposes of this Decree and the provisions contained therein:

a. the Act shall mean the Penitentiary Principles Act;

b. probation service shall mean the foundation as well as a probation organisation as referred to in Article 1 b and c, respectively, of the Probation and After-Care Regulation 1995; c. execution indicator shall mean the notes of the Public Prosecutor presented with a sentence to be executed to Our Minister, stating that the Public Prosecutor desires to give advice on decisions to be taken concerning the different forms of privileges to be granted to the prisoner involved.

 

CHAPTER 2. SUPREME MANAGEMENT OF INSTITUTIONS AND REGIME

Article 2

1. Each year before 1 October the governor shall furnish Our Minister with an annual plan for the following year. The annual plan shall in any event consist of an estimate of the revenues and expenses for that year.

2. Each year before 1 March the governor shall furnish Our Minister with an annual report for the preceding year. The annual accounts shall be included in this report.

3. Our Minister may establish rules concerning the form and content of the documents mentioned in paragraph 1 and 2.

Article 3

1. The day programme for an institution or wing shall be laid down in the prison rules and shall cover the period between freeing of prisoners from their cell accommodations in the morning and lock-up for the night.

2. In the non-restricted association regime referred to in Article 20 of the Act, the minimum duration of the day programme shall be 88 hours a week, including at least 48 hours a week for activities and visits.

3. The restricted association regime referred to in Article 21 of the Act shall be distinguished into:

a. a standard regime in which the minimum duration of the day programme shall be 83 hours a week, including at least 43 hours a week for activities and visits;

b. a sober regime in which the minimum duration of the day programme shall be 56 hours a week, including at least 38 hours a week for activities and visits; and

c. a regime for extra security institutions as referred to in Article 13, paragraph 1 e of the Act, in which the minimum duration of the day programme shall be 83 hours a week, including at least 18 hours a week for activities and visits.

4. Our Minister shall establish further rules concerning the different regimes in force in the institutions indicated.

Article 4

1. The governor shall notify Our Minister of withdrawals of detention as well as other unusual incidents.

2. The governor shall provide Our Minister at any time with all information requested.

3. Our Minister may establish rules concerning the content of and the procedure for notification.

 

CHAPTER 3. PENITENTIARY PROGRAMME

Article 5

1. A penitentiary programme shall consist of at least 26 hours a week for activities in which the participant in that penitentiary programme takes part.

2. The activities in a penitentiary programme shall be aimed at teaching specific social skills, increasing the chance of a job after the end of the deprivation of liberty, providing education, providing special care to the participant such as addiction care or mental health care, or they shall in other ways be designed to ensure that, while maintaining the character of the custodial sentence, the execution thereof prepares the participant for reintegration in the community.

3. A written description shall be made of a penitentiary programme. This shall in any event consist of a description of the activities, a regulation of the responsibility for carrying out the programme, the counselling and the supervision of the participant in the penitentiary programme, the giving notice of unusual incidents and the method and frequency of reporting on the participant in the penitentiary programme.

4. Our Minister may establish further rules concerning the procedure for recognising a penitentiary programme and concerning the quality requirements that a penitentiary programme must meet.

4. The necessary costs of subsistence during participation in a penitentiary programme shall not be for Our Minister's account.

Article 6

Not eligible for participation in a penitentiary programme shall be:

a. persons with a custodial sentence with respect to which the final date of the detention has not yet been determined;

b. prisoners with respect to which a hospital order has also been issued, the carrying out of which must still commence;

c. prisoners concerning which it is certain that they will be deported or extradited after the detention;

d. prisoners staying in an extra security institution.

Article 7

1. If the governor considers it justified to entitle a prisoner to participate in a penitentiary programme, he shall present a recommendation of this to the selection officer.

2. In his recommendation the governor shall include the Public Prosecutor's advice in cases in which the Public Prosecutor has given an execution indicator. He shall also include the advice of the probation service of the district in which the penitentiary programme will be carried out.

3. In his decision to give a prisoner the opportunity to participate in a penitentiary programme, the selection officer shall in any event take into account the following aspects:

a. the nature, seriousness and background of the offence committed;

b. the prisoners progress so far, including his behaviour, his meeting of commitments, and his motivation;

c. the risk of recidivism;

d. the extent to which the prisoner will be able to bear the responsibility associated with greater liberties.,

e. an acceptable place of residence;

f. the prisoners fitness for a penitentiary programme.

4. The selection officer shall only take his decision concerning participation in a penitentiary programme if the prisoner has declared his willingness to participate in the programme and to meet the conditions attached to it.

Article 8

1. The governor of the institution or wing in which the participant in the penitentiary programme is registered shall have a general responsibility for implementing a penitentiary programme.

2. The person responsible for implementing the programme shall supervise the daily course of the penitentiary programme. First of all, he shall determine whether the activities are properly carried out and whether the conditions are properly fulfilled, and, in that framework, may give instructions to the participant. He may change to the way or the time that the activities in the penitentiary programme are carried out. He shall immediately notify the governor of this change in writing.

Article 9

1. Save for the special conditions to be established by the governor, the following general conditions shall be attached to the decision to give a prisoner the opportunity to participate in a penitentiary programme:

a. the participant in a penitentiary programme must behave in accordance with the instructions of the person charged with his counselling and supervision and must furnish this person with all information requested;

b. he must notify the governor beforehand of any change of job or place of residence;

c. he must not commit a criminal offence.

2. If a participant in a penitentiary programme is unable to take part in the activities of the penitentiary programme as a result of illness or another cause, the carrying out of the custodial sentence shall be suspended.

3. If the conditions are violated, the governor may, depending on the seriousness of the violation, decide to:

a. give the participant in the penitentiary programme a warning;

b. change or supplement the special conditions imposed on participation in a penitentiary programme;

c. advise the selection officer to terminate the participation in the penitentiary programme.

He shall only take such a decision after he has obtained the advice of the person charged with supervising the implementation of the penitentiary programme. This person may also offer the governor unasked-for advice concerning the taking of one of the decisions mentioned in this paragraph.

4. The governor shall immediately give the participant in the penitentiary programme a reasoned, dated, written notification of a decision referred to in paragraph 3, as much as possible in a language he understands.

5. The governor shall notify the selection officer of the establishment of special conditions, the violation of the conditions, and a decision as referred to in paragraph 3.

Article 10

1. The participant in a penitentiary programme may file a complaint with the Complaints Committee of the institution or wing in which he is registered against the decisions referred to in Article 9, paragraph 3, paragraph 1 (c) of the Data Protection (Police Files) Act. Such objection would relate to the confidentiality of the post and the powers attached to it.

Article 14

1. Our Minister shall dismiss a member of the Supervisory Committee before his term of office expires:

a. at his own request;

b. upon his acceptance of an office or appointment which is incompatible with membership of a Supervisory Committee;

c. if he is convicted of an offence or placed under a custodial order by a final and conclusive judgement;

d. if, in Our Minister's opinion, he has seriously undermined the confidence placed in im by acts or omissions.

2. Our Minister may release a member from his duties before his term of office expires if he no longer holds the office or position in connection with which the appointment was made.

3. Our Minister may suspend a member pending his dismissal or release from duty.

Article 15

1. The members of the Supervisory Committee shall have access at all times to all parts of the prison and to all premises used by prisoners or persons taking part in a penitentiary programme.

2. The members of the Supervisory Committee shall be given, by the prisoner governor and the officials or employees of the prison or wing or penitentiary programme, any information they may require concerning prisoners or persons participating in a penitentiary programme, and shall have access to all documents concerning the enforcement of custodial sentences and detention orders. They shall be bound by the rules of confidentiality, except insofar as they are required by law to disclose information or insofar as such disclosure is necessary for the performance of their duties. They shall also be entitled to inspect files on prisoners or person taking part in a penitentiary programme, unless the person concerned lodges and objection.

3. The governor shall notify the Supervisory Committee of any facts or circumstances relevant to the Committee's performance of its duties.

Article 16

1. The Supervisory Committee shall meet once a month, if possible.

2. The governor shall attend the meetings of the Supervisory Committee and shall give a general account of what has occurred in the prison or wing since the previous meeting.

3. The Committee may decide, to hold a meeting in the absence of the governor.

4. Our Minister may designate an official from his ministry to attend the meetings of the Supervisory Committee.

5. Each meeting of the Supervisory Committee shall be notified of grievances in respect of which mediation has taken place, any complaints heard by the Complaints Committee and any comments occasioned thereby.

Article 17

1. The visiting officer referred to in Article 7 paragraph 3 of the Act shall be available at least once a month for consultation in the prison or wing or on the premises where programmes are conducted. Such consultations shall be announced in advance and may be attended by any prisoner or any person taking part in a penitentiary programme who expresses the wish to do so.

2. The visiting officer shall report on his activities to the Supervisory Committee and shall keep the governor informed.

Article 18

1. The Complaints Committee, or the chairman or his nominee if Article 62, paragraph 2 of the Act is applied, shall sit as often as may be necessary to hear and dispose of complaints promptly. The Complaints Committee, or the chairman or his nominee, shall be assisted by a secretary.

2. Sittings of the Complaints Committee shall, if possible, be chaired by a member of the judiciary.

Article 19

1. The Supervisory Committee shall issue an annual report to Our Minister and to the Prisons Section concerning its activities in the preceding 12 months. The report shall be issued before 1 March.

2. The report shall deal in particular with the activities of the Complaints Committee, and shall include an account of the complaints that have been lodged and the decision taken in each case. Our Minister may specify the format to be used for drafting the report.

Article 20

1. The costs of the Supervisory Committee shall be borne by the State.

2. The members of the Supervisory Committee shall receive an allowance for their travelling expenses and accommodation, and an attendance fee in accordance with the provisions applicable to civil servants.

3. If the secretary or deputy secretary is not a public servant, he shall be entitled to the allowances referred to in paragraph 2.

 

CHAPTER 5. COMPULSORY MEDICAL INTERVENTION

Article 21

1. Before the governor decides that the medical intervention deemed necessary by the physician must be carded out under duress, the governor shall consult this physician and the head of the wing where the prisoner is staying. If another physician carries out the intervention, he shall also be consulted.

2. If the medical intervention must be carried out under duress in order to avert serious risk arising from a disturbance of the prisoners mental capacitities, the physician connected with the institution shall consult a psychiatrist.

3. In the consultation referred to in paragraphs 1 and 2, it shall be determined whether the serious risk that exists to the health or safety of the prisoner or others cannot be averted in another way. In the choice of a specific medical intervention, the intervention that poses the least risk to the prisoner shall always be chosen.

4. The responsible physician shall ensure that the giving notice of the application of Article 32 of the Act, the results of the consultation as well as the arrangements made, are registered in the medical file.

Article 22

1. The compulsory medical intervention shall be carded out in a room suited for that specific purpose under the responsibility of the physician.

2. Our Minister and the Supervisory Committee shall be notified immediately of the carrying out of a compulsory medical intervention. If the medical intervention is carried out to avert serious risk arising from a disturbance of the prisoner's mental capacities, the competent regional public health inspector shall also be notified thereof.

3. During the period following the compulsory medical intervention, the prisoner shall be visited as often as necessary by a physician or, on his instructions, by a nurse. The report of his findings shall be included in the medical file.

Article 23

1. As soon as possible after the carrying out of the compulsory medical intervention, a plan shall be drawn up by or under the responsibility of the physician connected with the institution, focused on such an improvement of the prisoner's condition that the carrying out of the compulsory medical intervention can be terminated. This plan shall be included in the medical file.

2. If the duration of the medical intervention referred to in Article 21, paragraph 2, exceeds two weeks, the governor shall set up a committee consisting of at least a wing head, a physician or a psychiatrist and a psychologist.

3. Within two days after the period referred to in paragraph 2 and, if the compulsory medical intervention is continued, every two weeks, the committee referred to in paragraph 2 shall present its advice to the governor concerning continuation of the compulsory medical intervention.

 

CHAPTER 6. SPIRITUAL CARE

Article 24

Spiritual counsellors of the various religions or ideologies shall be connected with the institution, though in any event spiritual counsellors of the Protestant and the Roman Catholic denomination and spiritual counsellors that are members of the Humanist Society

Article 25

1. A head preacher, a head chaplain and a head Humanist spiritual counsellor shall be appointed to the Ministry of Justice. They shall act as representatives of the mission bodies and shall provide called-for or uncalled-for advice to Our Minister concerning spiritual care in the institutions.

2. The heads mentioned in paragraph 1 shall in any event be charged with making nominations for the appointment of spiritual counsellors belonging to their denominations or ideologies.

Article 26

The appointment of a spiritual counsellor of the Protestant or the Roman Catholic denomination or a spiritual counsellor of the Humanist Society to an institution shall be carried out by or on behalf of Our Minister on the recommendation of the head clergyman in question mentioned in Article 25, paragraph 1.

Article 27

1. A spiritual counsellor of a denomination or ideology other than those mentioned in Article 24 may be connected with an institution by the governor in another way than by means of appointment. The governor shall only take this decision following consultation with the spiritual counsellors already connected with the institution.

2. Our Minister may establish job requirements with respect to spiritual counsellors as referred to in the first sentence of the first paragraph.

3. A spiritual counsellor connected-with the institution in another way than by means of appointment shall receive a compensation, to be established by Our Minister by regulation, for his work and the costs incurred by him.

 

CHAPTER 7. APPEAL AGAINST MEDICAL INTERVENTION

Article 28

1. A prisoner may enter an appeal against the medical intervention of the physician of the institution. The physician of the institution shall for the purposes of this Chapter also be the nurse or other care providers involved by the physician of the institution in the care of the prisoner.

2. Medical intervention as referred to in paragraph 1 shall mean:

a. any act or omission contrary to the duty of care the persons referred to in paragraph 1 owe in that capacity to the prisoner, in relation to whose medical state they provide assistance or their assistance is called in.

b. any act or omission other than the one referred to in 2a contrary in that capacity to the interest of carrying out good individual health care.

Article 29

1. Before filing a notice of appeal, the prisoner shall make a written request to the Medical Adviser of the Ministry of Justice to mediate in the dispute. This request should be filed no later than the fourteenth day after the day on which the medical intervention against which the complaint is directed takes place.

2. The Medical Adviser shall give the person involved the opportunity to clarify the complaint in writing or orally, unless it is immediately clear to him that the complaint does not lend itself to mediation. He may also obtain written information from other persons.

3. The Medical Adviser shall for purposes of mediation have the authority to examine the prisoner's medical file.

4. The Medical Adviser shall within four weeks endeavour to reach a solution acceptable to both parties.

5. The Medical Adviser shall conclude the mediation by presenting his findings to the prisoner and the physician. The prisoner shall be apprised of the possibility of filing a notice of appeal as well as the period within which and the way in which this must be done.

6. The Medical Adviser shall send a copy of his findings to the governor of the institution with which the physician is connected against whose medical intervention the complaint is directed.

7. The Medical Adviser shall have the authority to refer a complaint to the Complaints Committee. He shall send a notice to the complainant concerning the referral of the complaint.

Article 30

1. The appeal shall be made to and reviewed by a Committee appointed by the Central Council for the Execution of Criminal Law. This Committee shall consist of three members, a legal expert and two physicians, assisted by a secretary.

2. The reasoned notice of appeal shall be filed no later than the seventh day after the day on which the copy of the Medical Advisers findings is received. The governor shall ensure that a prisoner desiring to enter an appeal shall be given the opportunity to do so as soon as possible.

3. Filing of an appeal may take place through the mediation of the governor of the institution where the prisoner is staying. In that case, the governor shall ensure that the notice of appeal, or, if the notice of appeal is contained in an envelope, the envelope, is provided with a date, this being the date of filing.

3. The appeal shall describe as accurately as possible the medical intervention to which the appeal relates and the reasons for the appeal.

4. If the prisoner does not have sufficient command of the Dutch language, he may file the notice of appeal in another language. The chairman of the Appeals Committee may determine that the appeal is translated into the Dutch language. Compensation for the costs of the translation shall take place with mutatis mutandis application of Article 45.

Article 31

1. The Appeals Committee and the secretary shall for purposes of the appeal review have the authority to examine the complainant's medical file.

2. The appeal review shall not take place publicly, unless the Appeals Committee is of the opinion that a non-public review is incompatible with any stipulation binding upon all parties of a treaty in force in the Netherlands.

3. The secretary of the Appeals Committee shall send the physician a copy of the appeal and shall request the mediation report from the Medical Adviser.

4. The Appeals Committee shall give the complainant and the physician the opportunity to make oral or written comments concerning the appeal, unless it immediately considers the appeal manifestly inadmissible, manifestly unfounded or manifestly founded. The Appeals Committee may determine that the oral comments can be made before a member of the Committee referred to in paragraph 3.

5. The complainant and the physician may submit to the chairman of the Appeals Committee the questions they wish to ask each other.

6. The Appeals Committee may hear the complainant and the physician separately. In that case, they shall be given the opportunity to submit beforehand the questions they wish to ask, and the chairman of the Appeals Committee shall orally communicate to the complainant and the physician the respective statements thus made.

7 The Appeals Committee may also obtain oral or written information from other persons. If oral information is obtained, paragraphs 5 and 6, second sentence, shall applymutatis mutandis. In case oral information is obtained from another person, the Appeals Committee may determine that the parties involved are exclusively given the opportunity to submit in writing the questions they wish to ask that person.

8. The complainant shall have a right to be assisted by a legal aid provider or another fiduciary that the Appeals Committee has given permission to act as such. If the complainant has been provided with a lawyer, payment of his fees and compensation for the costs he has made shall take place in accordance with rules established by order in council.

2. If the complainant has insufficient command of the Dutch language, the chairman shall ensure that he is assisted by and interpreter. Payment of the interpreter's fees and compensation for the costs he has made shall take place with mutatis mutandis application of Article 45.

3. During the appeal procedure the Appeals Committee shall enable the complainant at his request to take cognizance of the case documents.

Article 32

1. The Appeals Committee shall deliver a resolution as soon as possible. The appeal resolution shall be reasoned and dated. It shall be signed by the chairman as well as by the secretary. If one of them is absent, the reason for this shall be mentioned in the appeal resolution. A copy of the Appeals Committee's decision shall be immediately sent or distributed to the complainant and the physician free of charge.

2. If the complainant has insufficient command of the Dutch language and a translation cannot be provided in another way, the chairman of the Appeals Committee shall ensure that a translation is made of the appeal resolution referred to in paragraph 1. Payment of the costs of the translation shall take place withmutatis mutandisapplication of Article 45.

3. The secretary shall send a copy of all the resolutions delivered by the Appeals Committee to Our Minister. Any person shall have a right to take cognizance of these resolutions and to receive a copy thereof. Our Minister shall ensure that this copy contains no information from which the identity of the prisoner can be derived. With respect to the costs of receiving a copy, the provisions of the Tariffs in Criminal Cases Act shall applymutatis mutandis.

Article 33

1. In its resolution the Appeals Committee shall either declare the appeal as wholly or partly

a. inadmissible; or

b. unfounded; or

c. founded.

2. If the Appeals Committee declares the complaint wholly or partly founded, the Appeals Committee shall determine whether the complainant should receive any compensation. It shall establish the compensation, which may be in money.

Article 34

1. Except when the Medical Adviser or the Appeals Committee is of the opinion that important interests of the prisoner oppose this, the rights conferred on the prisoner under Article 28 to 31 may also be carried out by:

a. the trustee if the prisoner has been placed under legal restraint;

b. the mentor if a mentorship has been established for the benefit of the prisoner;

c. the parents or guardian in case the prisoner is a minor.

2. The governor shall ensure that the persons mentioned in paragraph 1 are apprised of these rights.

 

CHAPTER 8. FILES

Article 35

Save for aliens in custody, a penitentiary file shall be made of each prisoner and participant in a penitentiary programme.

Article 36

1. The penitentiary file shall be built up in accordance with a fixed standard lay-out. Included in the penitentiary file in the order given shall be:

a. an overview of the periods and institutions of stay;

b. selection and placement proposals;

c. registration cards;

d. the documents mentioned in Article 37, categorised according to institution.

2. The file shall be kept in a lockable room in the institution.

Article 37

1. The penitentiary file shall also contain:

a. a final report of the institution upon release of the prisoner or a final report of the penitentiary programme upon release of the participant from the penitentiary programme;

b. a copy of an selection recommendation, or a transfer proposal, or a proposal for participation in a penitentiary programme or termination thereof including the accompanying recommendations;

c. the most recent registration card;

d. other important judicial documents, including:

1 the extract of the sentence;

2 forms concerning leave and the decisions take with respect to this;

3 requests and authorisations for placing and transfer and participation in a penitentiary programme;

4 clemency requests and the decisions taken with respect to this;

5 requests for interruption of punishment and the decisions taken with respect to this;

6 notices concerning early release.

e. results of urine tests or a summary overview thereof;

f. copies of punishment reports, notifications of unusual incidents;

g. documents concerning complaint cases and appeal cases',

h. copies of correspondence of the institution concerning the prisoner;

i. a copy of the intake form per institution of stay;

j. summary of periodic discussions concerning the prisoner in the institution consultations.

2. The other documents regarding the prisoner shall be collected in a institution file. They shall be categorised in chronological order according to subject.

Article 38

1. If the governor makes a proposal for selection of the prisoner, he shall send the penitentiary file along with it to the selection officer.

2. The governor shall send, simultaneously with the prisoner's formal transfer, the penitentiary file to the governor of the institution or wing where the prisoner will be staying. 3. If a prisoner is given the opportunity to take part in a penitentiary programme, the governor shall send the penitentiary file to the governor referred to in Article 8, paragraph 1 4. In the case of release, escape or decease of a prisoner, the governor shall send the penitentiary file to Our Minister.

Article 39

1 Our Minister shall store the penitentiary file for a period of ten years, counting from the time the file is received.

2. After the period mentioned in paragraph 1, the documents shall be included in the penitentiary file, destroyed, or processed in such a way that it can longer be connected to the prisoner, unless this is contrary to an important interest of a person other than the prisoner.

3. If the prisoner is detained again before the end of the period referred to in paragraph 1, the storage period shall cease to be applicable.

4. The institution file referred to in Article 37, paragraph 2, shall be destroyed six months after the end of the prisoner's stay in the institution. If the prisoner is detained again in the institution before the end of this period, the storage period shall cease to be applicable.

Article 40

1. In case the prisoner is denied access to his file on one of the grounds of Article 30 of the Data Protection Act, the governor may allow a member of the Supervisory Committee authorised by the prisoner to take cognizance of the data the prisoner is prevented from examining. Articles 57 and 58 of the Act shall applymutatis mutandis.

2. Data from the file may be furnished to Our Minister and the officers or employees designated by him if this is necessary for:

a. the handling of requests relating to the prisoner;

b. the handling of procedures relating to the prisoner;

c. the management of the files;

d. the handling of other decisions relating to the prisoner.

The same shall apply to the selection officer, the governor and the officers or employees designated by them.

 

CHAPTER 9. SPECIAL PROVISIONS CONCERNING PERSONS WITH A CUSTODIAL SENTENCE WITH RESPECT TO WHICH ARTICLE 13 OR 1 9 OF THE CRIMINAL CODE HAS BEEN APPLIED

Article 41

Persons sentenced to imprisonment, detention or an alternative detention may with application of Article 13 or 1 9 of the Criminal Code be placed in a judicial institution for the care and treatment of persons under a hospital order for purposes of observation, execution or further execution of the sentence.

Article 42

1. The placing referred to in Article 41 shall take place by order of Our Minister on the recommendation of the selection officer.

2. Along with the recommendation for placing in a judicial institution for the care and treatment of persons under a hospital order a reasoned, dated and signed advice is submitted of at least two behavioural experts of different disciplines -including a psychiatrist- - that have examined the person involved. Such a advice should have been issued by the behavioural experts jointly or by each of them separately.

Article 43

The stay in an institution for the care and treatment of persons under a hospital order may be terminated by Our Minister if the head of the institution for the care and treatment of persons under a hospital order in which the person involved has been placed advises Our Minister that this person should be placed in a prison.

Article 44

The prisoner shall be immediately given a reasoned, dated and signed written notification, as much as possible in a language he understands, of Our Minister's decision to place him in an institution for the care and treatment of persons under a hospital order and of the termination of his stay in that institution. In so doing, the prisoner shall be informed of the possibility to make an appeal referred to in Chapter XVI of the Hospital Order Principles Act and the procedure for this and the period within which this should take place.

 

CHAPTER 10. COMPENSATIONS FOR COMPLAINT PROCEDURES AND APPEAL PROCEDURES

Article 45

1. The interpreter's or translators remuneration and the compensation for the costs they made, referred to in Article 61, fourth paragraph, 65, second paragraph, and 67, fourth paragraph, of the Act, shall take place in pursuance of the provisions of the Tariffs in Criminal Cases Act.

2. The secretary of the Complaints Committee or the Appeals Committee shall establish the amount of the remuneration and compensation on the basis of the provisions referred to in paragraph 1. The governor shall be responsible for payment.

 

CHAPTER 11. COSTS AND GOVERNOR'S LIABILITY

Article 46

Upon release from the institution, the prisoner shall receive travelling money for a journey or transportation to his place of residence within the Netherlands.

Article 47

Without prejudice to the provisions of the Exceptional Medical Expenses Act, the State shall bear the costs of medical care of the prisoner sentenced to or detained in an institution if as a compulsory insured the prisoner cannot claim benefits under the Health Insurance Act.

Article 48

In case of the prisoner's death, the State shall bear the costs of burial or cremation if these are deemed reasonably necessary.

Article 49

Except in cases where there has-been intent or deliberate recklessness, the governor's liability for objects possessed by a prisoner in accordance with Article 45, paragraph 2, of the Act shall be limited to a thousand guilders per object, including any consequential loss.

 

CHAPTER 12

(contains modification of other legislation)

 

CHAPTER 13. FINAL PROVISIONS

Article 58

Any person who is involved in the implementation of the Act and this Order and who receives information that he knows or in reason suspects to be confidential and who is not by virtue of his office, profession or statutory regulation in respect of this information under a duty of secrecy, shall be obligated to keep this information secret, unless any statutory regulation obliges him to disclosure, or the necessity of disclosure arises from his task in the implementation of this Order.

Article 59

The Prison Regulations shall repealed.

Article 60

This Order shall come into force at a time to be determined by Royal Decree.

Article 61

This Order may be cited as Penitentiary Order (Penitentiaire maatregel).

This is a translation of the Dutch Penitentiary Order. Rights can only be derived from the Dutch text and not from this translation.