NETHERLANDS - DEVELOPMENT OF PROBATION AND AFTER CARE IN RELATION TO THE CRIMINAL LAW SYSTEM

• NCJ Number: 52199
• Author(s): A V DFEEN
• Date Published: 1977
• Length: 2 pages
• Sale Source: National Institute of Justice/
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

A HISTORY OF THE DYNAMICS OF INTERACTION BETWEEN THE PERSONNEL OF REHABILITATION SERVICES AND THOSE INVOLVED IN THE PENAL SYSTEM IS TRACED.

Abstract

SINCE 1823, REHABILITATION (PROBATION AND AFTERCARE) IN THE NETHERLANDS HAS BEEN A NONGOVERNMENTAL FUNCTION. SINCE CONDITIONAL SENTENCE AND CONDITIONAL RELEASE WERE INTRODUCED INTO THE PENAL CODE AROUND 1920, REHABILITATION PERSONNEL HAVE BEEN GIVEN AN OFFICIAL TASK TO ASSIST PERSONS AFTER THEY HAVE BEEN SENTENCED. SINCE THAT TIME, THE NATURE OF THE GUIDANCE REHABILITATION SERVICES ARE TO PROVIDE HAS BEEN A SOURCE OF CONTROVERSY. THE AMBIGUITY OF THE INTENT OF REHABILITATION SERVICES IS INDICATED TO BE IN THE PENAL CODE WHICH USES THE TERMS 'INSPECTION' AND 'HELP AND ASSISTANCE' ALTERNATELY. FOLLOWING WORLD WAR II, WITH THE ADVENT OF TRAINED SOCIAL WORKERS IN MOST PROBATION OFFICER POSITIONS, REHABILITATION PERSONNEL HAVE STRESSED THE DEVELOPMENT OF HELPING RELATIONSHIPS WITH THEIR CLIENTS. THIS HAS LED TO A RELUCTANCE ON THE PART OF PROBATION OFFICERS TO REPORT PROBATION AND PAROLE VIOLATIONS. THE MINISTRY OF JUSTICE HAS BEEN WILLING TO WITHHOLD INSTRUCTIONS TO PROBATION OFFICERS TO SUPERVISE AND SCRUTINIZE CLIENT BEHAVIOR; HOWEVER, IN THE CASE OF PAROLEES, WHO ARE ALSO SUPERVISED BY REHABILITATION PERSONNEL, THE MINISTRY OF JUSTICE HAS BEEN MORE INSISTENT THAT SUPERVISION BE EXERCISED, PARTICULARLY WITH OFFENDERS WHO HAVE A HISTORY OF AGGRESSIVE BEHAVIOR. PRESENTENCE REPORTS TO THE COURTS ARE ALSO A SOURCE OF CONTROVERSY, AS THE MAGISTRATES WANT 'OBJECTIVE' FACTS ABOUT THE OFFENDER, WHILE THE PROBATION OFFICER WRITES THE REPORT ON THE BASIS OF A SUBJECTIVE RELATIONSHIP WITH THE CLIENT. THE CONTROVERSY CAUSED BY THE EMPHASIS ON REHABILITATION AND SUPERVISION HAS ALSO PRODUCED DIFFERENCES OF OPINION IN THE RANKS OF THE REHABILITATION FIELD WORKERS AND BETWEEN MANAGERS AND THOSE IN THE FIELD. THE MINISTER OF JUSTICE HAS URGED REHABILITATION SERVICES TO DELINEATE A SPECIFIC POLICY THAT WILL DEFINE THE FOCUS OF THEIR WORK AND THE RELATIONSHIP THEY DESIRE WITH THE JUDICIAL SYSTEM. (RCB)