By Liselotte Houben
In the Netherlands, the government presented a multi-year action plan for the prison system aimed at addressing the structural capacity crisis. In addition to expanding prison capacity and providing a statutory basis for a range of emergency mechanisms, the plan introduces two new “detention concepts” and broadens access to phased release. The plan also places this prison reform within the broader context of an upcoming action plan for the criminal justice chain.
On 26 June 2026, the State Secretary for Justice and Security sent the multi-year action plan “Room for Justice” (Ruimte voor recht) to the Speaker of the House of Representatives. The plan aims to address the structural shortage of detention capacity in the Dutch prison system. According to official projections, the cell shortage is expected to reach 1,700 by 2031, with a further 3,000 places at risk of becoming unavailable if they are not renovated.
To address this, the plan follows six lines of action combining the expansion of prison capacity, adjustments to prison regimes, measures to broaden access to phased release and measures to limit prison admissions.
In terms of capacity, it reserves funding for the renovation of 4,800 places and the reopening of two facilities with a total capacity of around 400 places (the Almere prison and the Harreveld juvenile justice institution).
The plan also introduces two “detention concepts” (“detentieconcept”, a notion covering: “target group, daily programme, security level, level of care, staffing, provision of information and physical environment”) as measures to ensure a “more efficient deployment of staff”, as staff shortages – which have led to the temporary closure of some units – are identified as one of the causes of the capacity crisis. One “detention concept” is a regime for the first phase of detention with a pared-down day programme “in line with what is genuinely necessary” and lasting for a maximum of 12 weeks. It would apply as a rule to all detainees, whether sentenced or held on remand, except “high-risk detainees”. The other detention concept is a special regime for prisoners assessed as “posing a limited risk” (beperkt risico gedetineerden) with extended access to work and reintegration activities.
From a legal standpoint, the most notable change is in the area of phased release. The plan envisages expanding the eligibility criteria for the penitentiary programme (PP), an extramural programme involving electronic supervision. Currently, PP is available for prisoners serving sentences of six months to one year, after at least five-sixths of the sentence has been served, and for the final four to a maximum of eight weeks of detention. The action plan suggests making it available to all prisoners serving sentences of at least one year, significantly expanding the number of eligible prisoners. However, it does not specify at this stage the proportion of the sentence that must have been served before eligibility.
Similarly, a broadening of the criteria for admission to a low-security unit (“BBA”), from which prisoners may be granted reintegration leave for work or daytime activities, potentially combined with education or care, will be considered. Currently, eligible prisoners can spend one-third of their sentence in BBA, for a maximum of 12 months. The plan considers allowing prisoners to qualify for BBA after having served half of their sentence and increasing the maximum stay from 12 to 18 months.
The plan also envisages providing a statutory basis for a number of emergency mechanisms developed in response to prison capacity shortages, including end-of-sentence leave, the use of in-cell tablets to compensate for part of the day programme, and temporary suspension of the execution of sentences for persons who cannot be transferred from police cells to prison due to a lack of capacity. The plan also considers extending the period of early conditional release as an emergency measure, but this extension is not being given a statutory basis at this stage.
Lastly, although stressing that they fall “outside the Government’s sphere of influence” because they depend on judicial decisions, the action plan identifies factors that can affect admissions to prison, such as the imposition of pre-trial detention, the effects of which are being monitored. The plan also situates the reform of the prison system within the broader context of an upcoming action plan for the criminal justice chain, with the two plans to be considered in conjunction, reflecting the interrelation between these two policy areas.
The European Prison Litigation Network (EPLN) and its members and partners monitor developments in domestic prison law across Europe and provide concise analyses of the most significant changes affecting prisoners’ rights at national level. These updates are intended to support practitioners in identifying emerging European trends, drawing on comparative experiences, and strengthening their legal practice and advocacy in defence of prisoners’ rights.
Funded by the Robert Carr Fund. Views and opinions expressed are however those of the authors only and do not necessarily reflect those of the Robert Carr Fund, which cannot be held responsible for them.
