Capacity crisis in Dutch prisons results in early releases and foreign cell rentals

FILE - Almere, Flevoland, The Netherlands - June 4, 2015: Outside wall of Dutch Prison Penitentiaire Inrichting Almere. This jail is a remand center and an Institution for Prolific Offenders. (Shutterstock)
The Dutch prison system is grappling with an unprecedented capacity crisis, prompting State Secretary for Justice Ingrid Coenradie to authorize the early release of detainees three days before the end of their sentences to make room for new prisoners.

The measure, described as “inevitable” by Coenradie, highlights the strain on the country’s correctional facilities, which are nearing a “code black situation” with no available space for additional detainees.

The measure applies to most detainees, including those convicted of serious crimes such as murder or rape, but excludes prisoners serving sentences of up to seven days and those sentenced to TBS (mandatory psychiatric treatment). “I am sick about this, but it is the only way to ensure that those who commit crimes or are suspected of doing so are detained,” Coenradie said.

She warned that the number of early-release days might increase if the capacity crisis worsens, though she stressed that the policy is temporary.

“The prison system is in danger of becoming full this week. That is why it is unfortunately necessary for prisoners to go home 3 days before the end of their sentence. A painful measure, but unavoidable. We are working hard to end this situation quickly,” the minister wrote on X.

As reported by Algemeen Dagblad, the Dutch justice ministry attributed the overcrowding to longer sentences and a rise in young adults in the prison system. The Dutch government’s push for stricter sentencing has exacerbated the shortage.

In response, the ministry is exploring emergency measures, including reopening closed prisons, adding temporary units at existing facilities, and even renting prison cells in Estonia.

Coenradie initiated discussions with Estonia about the potential temporary use of prison cells during a visit to Tartu in September. A key focus is ensuring Dutch laws and detainee rights are upheld in Estonian facilities. “We are examining whether Estonia can implement the Dutch day program and meet our legal standards,” she stated, noting that financial and logistical details are under review.

This crisis comes after a decade in which the Netherlands closed 20 prisons due to declining inmate numbers. In October, left-wing journalist Renate van der Zee praised the Dutch penal system in an article for the left-wing Guardian newspaper, calling the Dutch’s liberal approach to justice evidence that fewer incarcerations do not necessarily compromise public safety.

However, the current overcrowding highlights the strain caused by a history of liberal governments reducing prison populations by calling for more lenient sentences and the new center-right government’s more recent call for stricter penalties.

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