NCJ Number
147342
Journal
De Tokeomst van Tbs Volume: 19 Issue: 3 Dated: (1993) Pages: 96-115
Date Published
1993
Length
20 pages
Annotation
Professionals generally agree that the tbs modality permitted under the laws of the Netherlands is not very useful; under this modality, a convicted person declared to be in a state of diminished responsibility is not required to be treated in a forensic psychiatric hospital.
Abstract
This penal law measures focuses on mentally ill offenders whose are deemed not to be unacceptably dangerous to society. According to the revised tbs legislation of 1988, the measure should provide for actual community treatment and supervision rather than simply a suspension of the mandatory hospitalization. During the last 4 years, the courts have been very reluctant to apply this measure, although the population convicted under it roughly reflects the intended criteria. Two subgroups were distinguished, one relatively well motivated and amenable to treatment and the other very chaotic and socially dysfunctioning. Some fundamental contradictions hamper the tbs measure's credibility and feasibility, especially the need for the voluntary cooperation of the offender. The regulations do not provide for an appropriate response by the criminal justice system if the offender withdraws from the obligations. 12 references