The Act of 25 November 2015 on long-term supervision, influencing behaviour and restricting freedom (Bulletin of Acts and Decrees 2015, 460).

The Act of 25 November 2015 on long-term supervision, influencing behaviour and restricting freedom was recently published in the Bulletin of Acts and Decrees (Bulletin of Acts and Decrees 2015, 460). The aim is for the Act to enter into force on 1 July 2016. This Act introduces, among other things, the behavioural influencing and freedom restricting measure.

The new law makes it possible for sex offenders, aggravated offenders and former internees to remain under intensive supervision after their return to society and for their resocialisation to be subject to conditions. As a result, a certain category of offenders with a high level of risk of recidivism will be able to remain under long-term or even lifelong supervision.

The new law contains the following parts:

• In Article 38j of the Criminal Code, paragraph 2, the maximum duration of nine years of the conditional termination of nursing care by the government upon being made available (tbs) expires. By abolishing this statutory maximum term, the court can extend the conditional termination every year or every two years, without the conditional termination ending after nine years by operation of law.
• The minimum length of the probationary period for the special conditions of conditional release (v.i.) is equal to the minimum length of the probationary period for the general condition. The minimum length of the probationary period for the special conditions of conditional release is therefore at least one year (Article 15c of the Penal Code, second paragraph).
• The arrangement for conditional release includes the possibility of extending the probationary period once by a maximum of two years.
• In addition, the conditional sentence may be extended by a maximum of two years each time if and as long as it must be seriously considered that a moral or serious offender will once again commit a crime aimed at or threatening the inviolability of the body of one or more persons or if this is necessary to prevent seriously prejudicial behaviour towards victims or witnesses (art. 15c of the Criminal Code, third paragraph (new)).
• Finally, the law introduces a behavioural and freedom-restricting measure for posted persons whose posting has ended (definitively) and for serious violent and sex offenders whose imprisonment has ended or whose conditional release has ended after imprisonment (Articles 38z to 38ag of the Criminal Code (new)).

The procedure for the imposition and enforcement of the behavioural and custodial measure will be regulated in a new Fourth Section of Title IIA of the Penal Code. This Section regulates the following:

• The behavioural and freedom-restricting conditions that can be imposed in the context of the independent measure are:

1. 
a prohibition on the use of narcotics or alcohol and the obligation to cooperate in blood tests or urine tests for the purpose of compliance with this prohibition;
2. 
inclusion of the convicted person in a healthcare institution;
3. 
an obligation to undergo treatment by an expert or healthcare institution;
4. 
staying in an institution for assisted living or social care;
5. 
participating in a behavioral intervention;
6. 
a ban on volunteering of any kind;
7. 
other conditions, the conduct of the convicted person;
8. 
a restraining order;
9. 
a restraining order;
10. 
a duty to report;
11. 
a restriction on the right to leave the Netherlands;
12. 
an obligation to move or a prohibition to settle in a certain area.

• The conditions may be imposed separately or in combination.
• The condition(s) imposed by the supervisory measure may be subject to electronic surveillance.
• The court can impose the behavioural or freedom restricting measure in the judgment in which the accused is made available or convicted of serious crimes of violence and indecency.
• Enforcement of the measure will only take place if the Public Prosecution Service submits a claim to that effect to the court that has taken cognizance in the first instance of the offence in respect of which the measure has been imposed. In principle, the claim must be submitted no later than ten weeks before the termination of the tbs or imprisonment imposed.
• When the Public Prosecutor submits a claim, the judge assesses whether he sees a reason to enforce the measure. This is the case if serious account must be taken of the fact that the convicted person will once again commit a crime for which the independent measure can be imposed or if this is necessary to prevent serious aggravating behaviour towards victims or witnesses (the 'grounds').
• The probation service gives advice on the risk of recidivism and/or the need to protect the victims or witnesses in the event of a claim for imposition and in the event of a claim for enforcement or extension of long-term supervision.
• Where the court orders enforcement, it shall lay down in its judgment the conditions of enforcement and the duration of the measure.
• A charge to implement the measure may be issued for a period of two, three, four or five years. The measure may then be renewed by the courts for further periods of two, three, four or five years. The possibility cannot be ruled out that the measure may be renewed again and again and that it will ultimately be monitored for life.
• The Public Prosecutor's Office or the offender may request the court to lift or amend the measure.
• An appeal may be lodged against the burden of implementation of the measure. An action may equally be brought against the extension of the duration of the measure, its abolition and the amendment of the conditions laid down therein.
• Enforcement of the measure may not be suspended or suspended by the lodging of an appeal (immediately enforceable).
• Replacement detention of up to six months may be applied if the sentenced person does not comply with the measure. Each time the measure is renewed, a new maximum period of six months of alternative custody will apply.
• Replacement detention shall not be regarded as a substitute for the measure imposed.