NCJ Number
198217
Date Published
2001
Length
164 pages
Annotation
This book reports on the first evaluation done, after 3 years of experience, of new legislation to regulate the internal and external legal position of delinquents convicted to be detained in institutions for forensic psychiatric treatment.
Abstract
This book reports on research done by means of interviews and questionnaires of various groups of persons professionally involved in the imposition and execution of the penal measure imposed by new legislation in the Netherlands. The term "internal legal position" is defined as the rights of the patients during the course of execution of this penal law measure, such as their freedom of movement and scope of self determination within the treatment institution. The "external legal position" is defined as covering the legal status as the patient enters or is released from the penal commitment to forensic psychiatric treatment. This new law was created to strengthen the internal legal position of the convicts, while at the same time ensuring the security of society and opportunities for successful forensic psychiatric treatment. Because workers in treatment institutions have been involved in the drafting of the new legislation for the internal legal position, there is a general willingness of the workers to conform to the new rules. The internal legal option has been affected by the adoption of the new legislation as there has been a considerable increase in complaints to relevant judicial boards, and indicated that legal position practices need to be made more uniform. The external legal option has been affected by the legislation change, resulting in a considerable decrease in the number of releases from penal measures against the advice of the treatment institution.