3 Advisory activities In 2014 the RSJ issued three recommendations relevant for goals of the NPM. In addition, the Council pronounced one judgment in its judicial capacity of a situation characterised as a violation of article 3 ECHR. 3.1 Custodial institutions Personal contribution to detention The Council was consulted about the draft legislative proposal ‘Prisoners Personal Contribution Towards Their Stay’, which makes it possible to charge a personal contribution of € 16 a day to prisoners for their stay in a penitentiary institution or forensic psychiatric centre or to impose a hire charge on electronically-tagged offenders for an electronic ankle bracelet. The Council considers the draft legislative proposal to be contrary to the principle of resocialisation. The proposed personal contribution does not take account of the very limited possibilities for prisoners to generate income. In many cases, they will have accrued a debt after the end of the prison sentence which, when added to the existing debts many of them have, will impede reintegration. In addition, the proposed personal contribution is disproportionate to the limited remuneration for prison jobs. Second, the proposal is contrary to the principle of minimum limitations. The Council considers the personal contribution to be de facto additional punishment and therefore to be contrary to the principle that the prison sentence itself involves the deprivation or limitation of liberty, but does not limit the prisoner in their lifestyle any more than the situation of detention necessitates9. In spite of the Council’s objections, the Dutch government did not follow its recommendation. The House of Representatives in April 2015 adopted the proposal on the personal contribution. Persons called to report themselves In addition, the Council issued a recommendation on individuals having to report themselves. These individuals are sentenced to a punishment involving the deprivation of liberty and are called to report themselves to a prison. The Ministry of Security and Justice intended to shorten the period within which detainees are to report themselves to undergo their prison sentence to three weeks. The Council believes that a possible objection and appeal procedure against the fixed reporting date cannot be completed in this period. The Council finds that this would turn the existing regulations on legal status illusory. In fact, the convicted person would even be partly prevented from exercising the rights they are entitled to by law. The Council is of the opinion that the period must be at least four weeks. On the basis of the recommendation by the Council, the proposed period was lengthened to four weeks. 9 Custodial Institutions Act, Section 2, and European Prison Rules, Article 102.2. 16

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