The Netherlands has prisons that are too ‘empty’. Here's why

While many countries wrestle with overcrowded prisons, the Netherlands is facing an unusual problem: its prisons are too empty.

Unlike the UK and other nations, the Dutch prison system is dealing with vacant cells due to remarkably low crime rates, which has led to fewer people going to courts.

A study published in the European Journal of Criminology reveals that between 2005 and 2015, the Dutch prison population was nearly halved. This drastic reduction in inmate population has led to the closure of over 23 jails since 2014.

With a bare minimum number of inmates to admit, some of these facilities have been leased to Norway and Belgium while others have been creatively repurposed into hotels, temporary asylum centres, and even refugee housing.

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The key to understanding this underpopulation lies in the Netherlands’ innovative approach to criminal justice and prisoner rehabilitation.

Here’s a closer look

Shorter sentences

One key factor in the Netherlands’ emptying prisons is the implementation of shorter sentences for non-violent crimes.

Peter van der Laan, a professor and senior researcher at the Dutch Study Centre for Crime and Law Enforcement, told US News & World Report that fifty-five percent of all custodial sentences in the country are for less than one month, and three-quarters are shorter than three months.

In practice, pre-trial custody often exceeds the actual sentence, she added.

The Netherlands boasts one of the lowest incarceration rates in the world, with only 54.4 per 100,000 inhabitants behind bars. According to the Justice Ministry’s WODC Research and Documentation Centre, the number of prison sentences imposed fell from 42,000 in 2008 to 31,000 in 2018, with a notable two-thirds drop in jail terms for young offenders.

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Additionally, the Dutch criminal justice system emphasises the rehabilitation of criminals over punitive measures. There is a widespread belief that prison sentences often do more harm than good. A survey published by the European Journal of Criminology in 2014 found broad acceptance of suspended sentences in the country, reflecting a societal consensus on the importance of rehabilitation.

Mental health support

The Dutch justice system is reducing prison populations by offering specialised rehabilitation to people with mental illnesses.

According to The Guardian, Dutch jails run a unique psychological rehabilitation programme known as TBS, which is part of the criminal justice system for people.

In 2018, as many as 1,300 people were detained under a TBS ruling. Individuals stay in a treatment centre, sometimes following a jail term, where they receive treatment for the psychological conditions that contributed to their crimes. Every two years, judges assess whether the treatment should be extended, with the average stay being two years.

Hommo Folkerts, a forensic psychologist and outreach worker, explains the programme’s dual objectives in The Guardian, “We work on two aims: number one, preventing another crime, and then on psychiatric suffering and the social problems that come with it.”

He notes that the programme addresses complex issues like psychotic vulnerability, autism, severe learning difficulties, personality disorders, addictions, financial problems, lack of a stable home, and trauma.

Miriam van Driel, a TBS psychologist told The Guardian, “The way you treat people – also in prison – makes a big difference in how they return to society. If you treat them like dogs, people will behave like dogs but if you treat them as human beings, they will behave like human beings."

Electronic tagging

The Netherlands employs electronic tagging as a modern tool for monitoring offenders. This system uses a device strapped to the ankle that tracks the individual’s movements in real-time. Offenders are often released from prison with these tags, allowing them to return to their daily lives while remaining under surveillance.

Electronic tagging helps authorities ensure that individuals adhere to legal restrictions such as curfews or geographical boundaries. It provides a way to supervise offenders who are reintegrating into society, balancing public safety with the need for rehabilitation.

The data collected through these devices can also assist in preventing reoffending by ensuring compliance with court orders and reducing opportunities for further criminal behaviour.

Additionally, the use of electronic tags is part of the Netherlands’ broader strategy of alternative sentencing, which aims to reduce prison populations and focus on rehabilitation rather than incarceration.

With input from agencies