Phase 3: Detention and reintegration
Objective and description
This part of the local approach focuses on countering the threat from radicalised (former) detainees through safe and controlled reintegration. A person coming out of detention usually goes back to his or her original place of residence and is engaged in a probation pathway, while indicators of radicalisation may sometimes still exist. Municipalities and local parties therefore play an important role when individuals come out of detention. Preparations for safe reintegration are already made during the period of detention.
The detention and reintegration process overlaps significantly at the front and back end with the methodology, objectives and partners of the person-centred approach (PGA). Even in terms of knowledge and skills, detention and reintegration cannot be viewed separately from the PGA.
Focus of detention and reintegration
In principle, the focus of detention and reintegration coincides with the moment a suspect is remanded in custody on suspicion of a crime with terrorist intent, or when a detainee communicates in a way, or displays behaviour, that may indicate radicalisation, up to the moment of discharge (through acquittal or end of detention), including the probation supervision pathway. In practice, it appears that the scope may be broader, for example when a behavioural and detention order is being implemented. However, little experience has been gained with this.
- The hospital order measure falls outside the sphere of influence of the counterterrorism detention and reintegration domain. After all, a care pathway commences when the hospital order measure starts. A hospital order measure is only imposed on a small number of people convicted of terrorism.
- If there are reasonable concerns about a person after discharge, regular procedures can be used to organise an assessment consultation group within the local approach.
Knowledge and skills
Professionals who play a role in combating radicalisation, extremism and terrorism in the detention and reintegration phase should have the same knowledge as professionals in the local chain.
Network
Which partners play a role depends on the specific (policy) question. In contrast to the local government network with civil society, the network within detention is mainly made up of professionals. In addition to the network partners involved in the local approach, the emphasis during detention is on:
- The General Intelligence and Security Service (AIVD).
- The Directorate-General for Sanctions and Protection (DGSenB)
- The Custodial Institutions Agency (DJI)
- The Public Prosecution Service (OM)
- The police
- The Child Care and Protection Board (RvdK)
- The Dutch Probation Service, specifically the Terrorism, Extremism and Radicalisation team (TER team)
- The municipality
- The National Extremism Support Centre (LSE)
The above list is in alphabetical order. A description of these parties can be found here.
Interventions
Person-centred approach within detention
DJI, the municipalities and the Dutch Probation Service work together to enable offenders with a terrorist or extremist background to return safely to society. The aim is to mitigate the risks of an extremist network and propensity for violence. In the Multidisciplinary Social Rehabilitation Coordination Group (MAR) with the DJI, the municipality and the Dutch Probation Service, chain partners work together on an individual resocialisation plan that can be started during detention. Other parties could also be included, depending on the case.
With a view to achieving the reintegration goals, the MAR is working towards a variety of interventions or forms of guidance. An ‘Interventions Toolkit' has been prepared with options for guidance. The interventions in the toolkit are aimed specifically at this target group and are used or initiated during the period of detention.
The preparation and use of interventions is discussed within the MAR on a case-by-case basis. The joint social rehabilitation plan implemented via the MAR is aligned with the penal institution's Detention and Reintegration Plan (D&R), the municipality’s PGA local (aftercare) plan and any supervisory measures and/or special conditions of the Dutch Probation Service. The interventions and reintegration activities organised via the MAR relate to the period in detention, but may continue after that period as well. The MAR therefore fulfils a guarantee and transfer function upon release from detention to the municipality concerned and other relevant parties.
Interventions that take place within a judicial framework are supervised by Dutch Probation Service. Interventions can also be used within the framework of the local approach, in line with the PGA's regular process.
Authorities and legal frameworks
The Sanctions and Protection Act came into force in 2021 and will affect the way in which sanctions are organised. A number of features which are relevant for the target group in question are that the prison is responsible for preparing a detention and reintegration plan for each individual inmate. Provisions have also been included and changes made regarding, among other things, leave and information sharing between chain partners.
The Long-Term Supervision Act (Wlt) aims to prevent repeat offending by a specific group of convicted persons, namely anyone convicted of a sexual offence or serious violent crime with a maximum custodial sentence of at least four years, including those convicted of terrorism offences. The Wlt consists of three parts. The first part deals with the possibility of uncapped extension of the conditional termination of the hospital order measure. The second part deals with ex-prisoners from the prison system who have been released on parole. For them the probation period on conditional release has become a minimum of one year, with extensions being possible. The third part concerns an independent supervision measure, namely the behavioural and detention order, which can be imposed on both detainees and people detained under a hospital order. The duration of this measure is two, three, four or five years and can be extended as long as the court considers there is a risk of repeat offending. Not all elements of the Wlt have yet been tested in practice.
The Custodial Institutions Act (Penitentiaire beginselenwet) (Article 18b) is the legal basis for providing information to, and sharing information outside, the MAR (with the Minister of Justice and Security, the institution’s governor, the Dutch Probation Service, the municipality, the Public Prosecution Service and the police).