NCJ Number
53312
Date Published
1977
Length
16 pages
Annotation
THE ORIGIN OF 'DETENTION AT THE GOVERNMENT'S PLEASURE,' THE RATIONALE BEHIND THE PROCESS, AND THE IMPLEMENTATION OF THE PROCESS ARE DESCRIBED. THIS TREATMENT IS DESIGNED TO PROTECT SOCIETY AND HELP MENTALLY ILL OFFENDERS.
Abstract
THE DUTCH ABBREVIATION FOR 'DETENTION AT THE GOVERNMENT'S PLEASURE' IS T.B.R. THE DEVELOPMENT OF THIS CONCEPT FOR HANDLING MENTALLY DIMINISHED OFFENDERS IS TRACED. UNDER CURRENT LAW IN THE NETHERLANDS OFFENDERS RELEASED FROM RESPONSIBILITY FOR THEIR CRIMES DUE TO MENTAL ILLNESS OR MENTAL DEFICIENCY MAY BE DISCHARGED, DISCHARGED AND COMMITTED TO A MENTAL HOSPITAL, DISCHARGED WITH A T.B.R. ORDER, OR DISCHARGED AND COMMITTED TO A MENTAL HOSPITAL WITH A T.B.R. ORDER. THE T.B.R. ORDER ALLOWS FOR PROLONGED TREATMENT IN AN INSTITUTION ESPECIALLY EQUIPPED TO HANDLE PSYCHOPATHIC OFFENDERS. TABLES PRESENT DATA SHOWING THAT THE NUMBER OF THESE ORDERS RANGED FROM 183 IN 1965 TO 95 IN 1973. MOST OF THE OFFENDERS RECEIVING T.B.R. ORDERS HAVE SERVED OTHER PRISON TERMS, ALTHOUGH A FEW FIRST OFFENDERS GUILTY OF VIOLENT CRIMES ARE INCLUDED. THE LEGAL PROCESS IS DESCRIBED IN DETAIL. TWO MAXIMUM SECURITY STATE-RUN INSTITUTIONS AND FIVE PRIVATE INSTITUTIONS HANDLE THESE OFFENDERS. WHEN INSTITUTIONAL TREATMENT IS NO LONGER REQUIRED, CARE OF THE OFFENDER BECOMES THE RESPONSIBILITY OF A REHABILITATION AND AFTERCARE ORGANIZATION. THE SYSTEM OF PROGRESSIVE FREEDOM WHICH IS THE HEART OF THE PROCESS IS EXPLAINED. THE T.B.R. ORDER PROVIDES FOR AN EXTENDED TREATMENT PERIOD, UNLIKE REGULAR CIVIL COMMITMENT TO A MENTAL HOSPITAL WHICH IS LIMITED TO 1 OR 2 YEARS. ITS DUAL PURPOSE IS TO PROTECT SOCIETY WHILE, AT THE SAME TIME, PROVIDING FOR EXTENSIVE AND APPROPRIATE TREATMENT FOR THE MENTALLY ILL OFFENDER. (GLR)