The PIJ Measure in Den Haag
The PIJ measure, or Placement in a Youth Institution, is a custodial measure under youth criminal law for young people aged 12 to 23 who commit serious offenses in Den Haag and surrounding areas. Instead of punishment, it focuses on treatment and reintegration into society to prevent recidivism. The juvenile judge of the Den Haag District Court imposes it, with significant consequences for the young person and their family.
When Does the Den Haag District Court Opt for PIJ?
In Den Haag, youth criminal law prioritizes both public safety and the young person's development. The examining juvenile judge of the Den Haag District Court selects appropriate interventions based on the individual's circumstances. PIJ is the most stringent option and is only imposed when milder alternatives such as HALT, child protection, or lighter youth sanctions prove insufficient. It applies to young people at high risk of serious recidivism, often linked to mental health issues or addictions.
Legal Basis for PIJ in Den Haag
The PIJ measure is set out in the Youth Act (Jw), Title 5, Articles 77a to 77bb. Article 77g Jw specifies the requirements: an offense punishable by at least three years' imprisonment for adults, such as violent crimes, sexual offenses, or large-scale drug trafficking, plus the need for intensive treatment and risk of recidivism. The juvenile judge of the Den Haag District Court relies on a pro justitia report from the Probation Service and expert opinions. Following the 2019 amendment (PIJ Regime Adjustment Act), the duration depends more on behavior.
Imposition of PIJ by the Den Haag District Court
PIJ is imposed when:
- The young person is aged 12 to 18 (up to 23 upon extension);
- The offense involves serious crimes such as murder, manslaughter, serious assaults, sexual violence, or drug trafficking in the Den Haag region;
- Milder measures have failed;
- Institutional treatment is essential for safe reintegration.
PIJ protects Den Haag society and differs from the adult ISD measure by emphasizing upbringing and development.
Procedure at the Den Haag District Court
- Arrest and Hearing: After an incident in Den Haag, before the examining juvenile judge.
- Juvenile Judge Hearing: Within two weeks at the Den Haag District Court; the prosecutor demands PIJ.
- Investigation: Trial placement (max. two weeks) and reports.
- Decision: Within four weeks of the hearing; appeal to the Court of Appeal possible.
Duration and Extension of PIJ
Standard 2 years, with up to 1 year conditional in the final phase. Extension:
- 1 year (standard);
- 2 years for serious misconduct.
After two years, the judge decides based on advice from the PIJ Service Point. It ends when no further risk exists; in practice around Den Haag, it averages 2.5-3 years.
Comparison of PIJ Duration with Other Measures
| Measure | Base Duration | Extension | Age |
|---|---|---|---|
| PIJ | 2 years | 1 or 2 years | 12-23 years |
| Youth Detention | 1-24 months | Non-extendable | 12-18 years |
| ISD (adults) | 2 years | 1 year | 18+ |
Rights and Obligations During PIJ
Rights:
- Right to a lawyer via the court;
- Visits and calls with family;
- Education/work in the institution;
- Medical care with consent;
- File complaints with the Juvenile Judge at the Den Haag District Court.
Obligations:
- Full cooperation with therapy;
- Comply with institutional rules;
- No prohibited substances;
- Active participation in treatments.
- Seek Help Immediately: Contact the Den Haag Legal Counter or a youth criminal law lawyer via Municipality of Den Haag youth services.
- Consult Den Haag Probation Service for pro justitia investigation.
- Involve family early in Den Haag District Court hearings.
- Consider prevention through local youth teams.
Violations may result in isolation or additional time.
Den Haag Case Examples
Example 1: A 16-year-old from Den Haag robs a store at gunpoint. After prior youth support fails and recidivism occurs, the Den Haag District Court imposes 2 years PIJ with therapy. Conditional release after 18 months due to improvement.
Example 2: A 17-year-old girl from a Den Haag neighborhood with PTSD commits serious assault. PIJ for 2 years, extended by 1 year; successful reintegration via local foster care.
Frequently Asked Questions About PIJ in Den Haag
Possible from Age 12?
Yes, for offenses punishable by 3+ years for adults, such as murder (Art. 77g(1) Jw), handled by the Den Haag District Court.
What Happens at Age 18 During PIJ?
Continues up to 23; possible transfer to adult facility, but youth approach remains (Art. 77r Jw).
Role of Family?
Parents heard by the Den Haag District Court; apply for leave and seek legal support via the Den Haag Legal Counter.
How to Avoid PIJ?
Possible with HALT or settlement, but serious cases in Den Haag lead to a hearing.