The PIJ Measure in Amsterdam
The PIJ measure, or Placement in a Youth Institution, is a custodial measure under youth criminal law for Amsterdam youths aged 12 to 23 who commit serious offenses. Instead of punishment, treatment and resocialization take center stage to prevent recidivism. The juvenile judge of the District Court of Amsterdam imposes it, with major consequences for the youth and their family in the city.
When Does the District Court of Amsterdam Opt for PIJ?
In Amsterdam, youth criminal law focuses on public protection and personal development. The judge at the District Court of Amsterdam tailors measures to the individual youth. PIJ is the strictest option, used when alternatives like HALT, youth protection, or a youth sanction fall short. This often applies to youths at risk of reoffending, linked to mental health issues or addiction, common in urban neighborhoods.
Legal Basis for PIJ in the Amsterdam Region
PIJ is governed by the Youth Act (YA), Title 5, Articles 77a-77bb. Article 77g YA sets the requirements: an offense punishable by at least three years' imprisonment for adults, such as violent crimes, sexual offenses, or drugs. The youth's personality requires intensive care, with a risk of recidivism. The juvenile judge of the District Court of Amsterdam relies on pro justitia reports from probation services and psychological advice. Since the 2019 amendment (PIJ Regime Adjustment Act), duration depends more on behavior.
Imposition of PIJ by the District Court of Amsterdam
PIJ is imposed when:
- The youth is aged 12-18 (up to 23 upon extension);
- There is a serious offense, such as murder, manslaughter, serious assaults, rape, or large-scale drug trafficking in Amsterdam;
- Lighter interventions have failed;
- Institutional treatment is essential for reintegration into Amsterdam society.
PIJ protects society, unlike the adult ISD measure, with a focus on youth development and education.
Procedure at the District Court of Amsterdam
- Arrest and Initial Hearing: After an incident in Amsterdam, before the examining magistrate.
- Juvenile Court Hearing: Within two weeks at the District Court of Amsterdam; prosecutor demands PIJ.
- Assessment: Trial placement (max. two weeks) plus reports.
- Ruling: Decision within four weeks; 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 (common);
- 2 years for serious misconduct.
After two years, the judge decides based on PIJ Service Point advice. Termination when no longer a risk; typically 2.5-3 years in practice.
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:
- Right to a lawyer via the court;
- Contact with family (visits, calls);
- Education/work in the institution;
- Medical care with consent;
- Complaints to the Juvenile Judge at the District Court of Amsterdam.
Obligations:
- Follow treatment;
- Comply with institutional rules;
- No drugs/weapons;
- Full participation in therapy.
Violations may lead to isolation or extension.
Amsterdam Case Examples
Example 1: A 16-year-old from Amsterdam-West commits an armed robbery in the city center. After reoffending despite youth protection: 2-year PIJ in a secure facility with therapy. Conditional release after 18 months due to progress.
Example 2: 17-year-old girl from Amsterdam-Noord with PTSD commits serious assault. 2-year PIJ, extended by 1 year due to aggression. Successful resocialization via local foster care.
Frequently Asked Questions about PIJ in Amsterdam
PIJ from Age 12 in Amsterdam?
Yes, for offenses punishable by 3+ years for adults, such as murder (Art. 77g(1) YA), handled at the District Court of Amsterdam.
What Happens at Age 18 During PIJ?
Continues up to 23; possible transfer to adult facility, but youth approach retained (Art. 77r YA).
Family Input?
Yes, parents are heard; leave can be requested. Advice via Amsterdam Legal Aid Office.
Preventing PIJ in Amsterdam?
Sometimes via HALT or settlement, but serious cases go to hearing at the District Court of Amsterdam.
Tips for Amsterdammers
- Seek Help Immediately: Contact the Amsterdam Legal Aid Office or a youth criminal law lawyer. Also consult the Municipality of Amsterdam for youth support.
- Prepare: Gather evidence of positive development.
- Appeal: Consider if imposition by the District Court of Amsterdam is unjustified.