NCJ Number
156394
Journal
Criminal Behaviour and Mental Health Volume: 3 Issue: 4 Dated: (1993) Pages: 322-334
Date Published
1993
Length
13 pages
Annotation
This paper briefly examines the forensic mental health system in the Netherlands, and the criminal law sanction known as TBS, a therapeutically oriented sanction, is described.
Abstract
The threshold of the forensic mental hospital represents a crucial line of demarcation where a patient is confronted with several changes that have a profound influence on his or her legal and social position and existence. The stay in the therapeutic environment of the hospital is not an end in itself but rather aims at returning the offender to society. The forensic mental hospital is a special and introverted kind of institution where the patient's life is conducted in an artificial way in order to experiment with new behavior. The transfer from the hospital to society needs to occur in a safe manner, and diversion policies can smooth the sharp distinction between inside and outside the hospital. As part of the goal of reintegrating offenders into society, the Dutch criminal code provides for the TBS order. The principal aim of TBS is to protect society, and the secondary aim is to treat offenders. The TBS order can be used to involuntarily institutionalize offenders in mental hospitals according to their degree of criminal responsibility. The Dutch forensic mental health system is characterized in terms of forensic mental health facilities and experts, competency to stand trial, criminal responsibility, pretrial assessment, the legal position of inmates, forensic psychology, hospital patients with personality disorders, and diversion from inpatient to outpatient facilities. 30 references