The PIJ Measure in Delft
The PIJ measure, or Placement in a Youth Institution, is a custodial measure under youth criminal law for young people aged 12 to 23 from Delft and surrounding areas who commit serious offenses. Instead of punishment, it focuses on therapy and reintegration into society to prevent recidivism. The juvenile judge of the The Hague District Court imposes it, with major consequences for the young person and their family in Delft.
When Does the Judge Opt for PIJ in the Delft Region?
Youth criminal law protects both the community and the young person's development. The judge of the The Hague District Court selects PIJ only when milder alternatives such as HALT, child protection, or lighter youth sanctions have failed. This applies to youth from Delft at risk of recidivism for serious crimes, often linked to mental health issues or addictions.
Legal Basis of the PIJ Measure
PIJ is enshrined in the Youth Act (Jw), Title 5, Articles 77a to 77bb. Article 77g Jw sets the requirements: an offense punishable by at least three years' imprisonment for adults, such as violent crimes, sexual offenses, or large-scale drug trafficking. The Delft youth's personality requires intensive care, with a risk of recidivism. The juvenile judge relies on a pro justitia report from the Probation Service and expert advice. Under the PIJ Regime Adjustment Act (2019), the duration depends more on behavior.
Imposition of PIJ for Youth from Delft
PIJ is imposed by the The Hague District Court if:
- The young person is aged 12-18 (up to 23 upon extension);
- There is a serious offense, such as murder, manslaughter, aggravated assault, rape, or drug trafficking;
- Milder measures have failed;
- Institutional therapy is needed for safe return to Delft.
PIJ protects society and differs from the ISD for adults by emphasizing pedagogy and personal growth.
Procedure for PIJ in Delft
- Arrest and Initial Hearing: The youth from Delft appears before the examining magistrate of the The Hague District Court.
- Juvenile Judge Hearing: Within two weeks; the prosecutor demands PIJ.
- Assessment: Trial placement (max. two weeks) plus reports.
- Decision: Within four weeks of the hearing; appeal possible to the Court of Appeal.
Duration and Possible Extension of PIJ
The base duration is two years, with up to one year conditional in the final phase. Extension:
- By one year (standard);
- By two years for serious misconduct.
After two years, the PIJ Service Point advises; the The Hague District Court decides. Average duration is 2.5-3 years until safe termination.
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 under PIJ
Rights:
- Access to a lawyer via the court;
- Visits and calls with family in Delft;
- Education/work in the institution;
- Medical care with consent;
- File complaints with the Juvenile Judge at the The Hague District Court.
Obligations:
- Actively participate in therapy;
- Comply with institutional rules;
- No drugs/weapons;
- Full engagement in programs.
Violations may lead to isolation or extension.
Practice Cases from the Delft Region
Case 1: A 16-year-old boy from Delft robs a store on the Markt at gunpoint. After recidivism despite youth support: PIJ for two years with therapy. Conditional release after 18 months due to improvement.
Case 2: 17-year-old girl from Delft with PTSD commits aggravated assault. PIJ for two years, extended by one year. Successful aftercare via local foster care.
Frequently Asked Questions about PIJ in Delft
Possible from Age 12?
Yes, for offenses punishable by three+ years for adults, such as murder (Art. 77g(1) Jw).
What if Turning 18 During PIJ?
Continues up to 23; possible transfer to adult facility with youth methods (Art. 77r Jw).
Role of Family?
Parents are heard; leave can be requested. Consult the Delft Legal Aid Office for advice.
How to Avoid PIJ?
Sometimes via HALT, but serious cases go to hearing at the The Hague District Court.
Tips for Families in Delft
- Seek Help: Contact the Delft Legal Aid Office immediately or a youth criminal law lawyer via the Municipality of Delft.
- Involve the Municipality of Delft early for youth support.
- Prepare for the hearing at the The Hague District Court with pro justitia assessment.