Deciding on (long-term) forensic care in the Netherlands

Session Submission Type: Pre-arranged Panel

Abstract

In the Netherlands, behavioral experts provide the courts with information about the defendant’s mental illness at the time of the offense, degree of criminal responsibility and appropriate treatment measures within a legal framework. The TBS (TerBeschikkingStelling) is such a treatment measure and has a dual purpose: protecting society from potential harm by these individuals and providing treatment to enable their safe reintegration into society. Those placed under TBS are typically ordered to receive treatment in specialized forensic psychiatric institutions. In 2020 a new law was introduced allowing criminal courts to give a care authorization for mandatory mental health care. As such, the judge has several options to handle mentally disordered defendants. The behavioral expert can provide valuable information to aid this decision, but it ultimately remains a legal decision. The first paper explores the relationship between the behavioral advice and the legal decision focusing on the extent of agreement between the parties and the judge’s arguments for deviating from this advice. The second paper in this panel addresses the decision-making process underlying the care authorization. A TBS measure can be extended repeatedly with one- or two-year increments for an unlimited period. For some TBS patients, reintegration is not possible due to the persistent and severe risk they pose, leading to long stays (15 years+) in these institutions. Long-term TBS patients are placed either in a Long-Term Forensic Psychiatric Care facility or longcare units. The distinction between these two groups is not always clear, as both populations are characterized by complex and multi-problematic issues, limited treatability, and often low motivation for behavioral change. The third paper in this panel compares these two patient groups on several of such characteristics. The final paper sheds light on the decision-making process of professionals occupied with placement in and discharge from these long-term institutions.

Subtopic

• Topic 5: Social Control and Criminal Justice / Imprisonment, Prisons, Prison Life and Effects of Imprisonment (Prisons WG)

Chair

• Joni Reef, Leiden University

Individual Presentations

• Studying forensic assessment and judicial decisions in the Netherlands - Eleni Georgaki, Leiden University; Michiel van der Wolf, University of Groningen; Anna Goldberg, University of Groningen; Lucia Mebius, University of Groningen; Laura van Oploo, Tilburg University & The Netherlands Institute for Forensic Psychiatry and Psychology (NIFP); Maaike Kempes, The Netherlands Institute for Forensic Psychiatry and Psychology (NIFP) & Leiden University

• Deciding on (Dutch) Diversion - Vera Oosterhuis, Universiteit Leiden/WODC

• Profiles of official and unofficial long stay patients in Dutch forensic care - Joni Reef, Leiden University; Eleni Georgaki, Leiden University; Roosmarijn van Es, Leiden University; Sanne Ritzema, Leiden University; Michiel van der Wolf, University of Groningen

• Professionals’ needs and decisions regarding long-term TBS patients in Dutch forensic care - Roosmarijn van Es, Leiden University; Michiel van der Wolf, University of Groningen; Joni Reef, Leiden University; Eleni Georgaki, Leiden University; Sanne Ritzema, Leiden University