Psychiatric assessment after every six years of the TBS order in the Netherlands.
Protecting the public from dangerous mentally ill offenders is an important issue in may countries. The UK, Scotland and Germany for example are looking for new ways to deal with this issue and some have looked at the Dutch system of first sending the offender to prison for a number of years and then for treatment to a secure clinical facility. Dutch law uses the term TBS: detention at the government's pleasure. Legal rights of the patient under the TBS-order are protected by regular evaluations to help the court determine if the patient still poses a danger to society. These evaluations take place every two years, at the end of each extension period. Every six years an extra assessment by independent experts is obligatory. In this same period other types of assessment occur too, such as for transferral to a long-stay unit. A complicated succession of experts may visit the patient, asking the same questions and using the same files, distracting his or her attention and motivation from the treatment process. This system is threatened by the qualitative and quantitative scarcity of properly qualified experts. Measures have been taken to counteract these difficulties, but will they suffice?
Pompe Institute for Forensic Mental Health, Nijmegen, the Netherlands. m.drost@pompestichting.nl
Marijke
M
Drost
D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence* / Q000592:standards; D003617:Dangerous Behavior; D005104:Expert Testimony / Q000331:legislation & jurisprudence* / Q000592:standards; D017408:Guidelines as Topic; D006801:Humans; D007298:Insanity Defense; D008134:Long-Term Care / Q000331:legislation & jurisprudence / Q000592:standards; D028642:Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence* / Q000523:psychology; D009426:Netherlands; D010344:Patient Advocacy / Q000331:legislation & jurisprudence / Q000592:standards; D011329:Prisoners / Q000331:legislation & jurisprudence* / Q000523:psychology; D011785:Quality Assurance, Health Care / Q000592:standards; D012637:Security Measures / Q000331:legislation & jurisprudence* / Q000592:standards