The PIJ Measure in Tilburg
The PIJ measure, or Placement in a Youth Institution, is a measure under youth criminal law for young people aged 12 to 23 from Tilburg and surrounding areas who commit serious offenses. It is not a punishment, but intensive guidance and resocialization to prevent recidivism. The juvenile judge of the Court of Zeeland-West-Brabant in Breda imposes it, with major consequences for the young person and their family in Tilburg.
When Does the Judge Opt for PIJ in Tilburg?
In youth criminal law, the balance between public safety and the young person's development is central. The judge in Breda imposes PIJ only if milder interventions such as HALT, youth protection by the Municipality of Tilburg, or lighter youth sanctions have failed. This applies to young people from Tilburg at risk of reoffending with serious crimes, often linked to mental health issues or addiction.
Legal Basis of the PIJ Measure
The provision is set out in the Youth Act (Jw), Title 5, Articles 77a to 77bb. Article 77g Jw requires an offense punishable by at least three years' imprisonment for adults, such as violent crimes, sexual offenses, or drug crimes, plus the need for intensive treatment and risk of recidivism. The juvenile judge in Breda relies on a pro justitia report from the probation service and expert opinions. Under the PIJ Regime Adjustment Act (2019), the duration depends more on behavior.
Imposition of PIJ for Youth from Tilburg
PIJ is imposed if:
- The young person is aged 12-18 (up to 23 upon extension);
- The offenses are serious, such as murder, manslaughter, serious assaults, rape, or large-scale drug trafficking in Tilburg;
- Other measures have failed;
- Institutional treatment is essential for reintegration into society.
PIJ protects the Tilburg community and differs from the adult ISD by focusing on pedagogy and development.
Procedure at the Court of Zeeland-West-Brabant
- Arrest and Hearing: After an incident in Tilburg, before the examining magistrate.
- Juvenile Judge Hearing: Within two weeks in Breda; the prosecutor demands PIJ.
- Investigation: Trial placement (max. two weeks) and reports.
- Decision: Within four weeks after the hearing; appeal possible to the court of appeal.
Duration and Possible Extension of PIJ
Standard two years, with up to one year conditional in the final phase. Extension:
- By one year (common);
- By two years in cases of serious misconduct.
After two years, the judge decides based on advice from the PIJ Service Point. Termination if no longer a risk. In practice, 2.5-3 years for cases from Tilburg.
Comparison of PIJ Duration with Alternatives
| 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 judge;
- Visits and calls with family in Tilburg;
- Education/work in the institution;
- Medical care with consent;
- Option to file complaints with the juvenile judge.
Obligations:
- Full participation in therapy;
- Compliance with institutional rules;
- No prohibited substances;
- Active engagement in the program.
Violations may lead to isolation or extension.
Examples from Tilburg Practice
Example 1: A 16-year-old from Tilburg commits an armed robbery in the city center. After prior youth care, he reoffends. The juvenile judge in Breda imposes two years' PIJ with therapy. Conditional release after 18 months due to progress.
Example 2: A 17-year-old girl from Tilburg with trauma commits serious assault. PIJ for two years, extended by one year due to aggression. Successful reintegration via local foster care.
Frequently Asked Questions about PIJ in Tilburg
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 another institution but retains youth focus (Art. 77r Jw).
Role of Family?
Parents are heard; leave can be requested. Advice via Juridisch Loket Tilburg.
How to Avoid PIJ?
Sometimes via HALT, but serious cases lead to a hearing in Breda.
Tips for Residents of Tilburg
- Seek Help: Contact Juridisch Loket Tilburg or a youth criminal law lawyer immediately for free advice.
- Reach out to the Municipality of Tilburg for preventive youth support.
- Prepare for hearings at the Court of Zeeland-West-Brabant.