title: Older offenders deemed criminally irresponsible in Flanders (Belgium): Descriptive results from a retrospective case note study.
abstract: In Belgium, offenders who are deemed criminally irresponsible for their criminal actions because of mental illness or intellectual disability are subject to a specific safety measure with the dual objective of protecting society and providing mandated care to the offender. While Belgian law requires that offenders who are deemed criminally irresponsible should be in a hospital, clinic or other appropriate institution outside of prison, in practice, about one-third of all such offenders still reside in prison. Whether imprisoned or living in settings outside prison, there is a dearth of knowledge on the characteristics of the aging population among the criminally irresponsible offenders.
  
  
  
  This paper aimed to explore the characteristics of older offenders categorized as criminally irresponsible in Flanders (northern Belgium) with a focus on the differences between imprisoned older offenders deemed criminally irresponsible and their peers who are residing outside prison.
  
  
  
  A retrospective case note study of all offenders deemed criminally irresponsible, >60years of age (n=174), was conducted in the four Commissions of Social Defense, which implement the procedure in the case of those deemed criminally irresponsible in Flanders. The files were screened for (1) demographic characteristics, (2) criminal history as well as (3) mental and physical health issues.
  
  
  
  One-fourth of the population were >70years of age. A total of 30.5% were in prison. Compared to their non-imprisoned peers, the imprisoned offenders had a history of having committed more serious violent crimes towards persons, such as homicides and sexual crimes. In addition, imprisoned older offenders categorized as criminally irresponsible are characterized more explicitly by personality traits that are likely to reduce their chances of being transferred to more appropriate settings in the community.
  
  
  
  A comprehensive and systematic screening of all older offenders deemed criminally irresponsible with regard to health needs and social functioning, including age-related deterioration, alcoholism, and other causes of social disadvantages, is warranted to detect potentially hidden problems.
authors.affiliation: Faculty of Education, Health and Social Work, University College Ghent, Keramiekstraat 80, BE-9000 Gent, Belgium. Electronic address: stefaan.desmet@hogent.be.
authors.forename: Stefaan
authors.initials: S
authors.lastname: De Smet
authors.affiliation: Faculty of Science and Technology, University College Ghent, Keramiekstraat 80, BE-9000 Ghent, Belgium. Electronic address: Willem.dekeyzer@hogent.be.
authors.forename: Willem
authors.initials: W
authors.lastname: De Keyzer
authors.affiliation: Faculty of Psychology and Education, Vrije Universiteit Brussel, Pleinlaan 2, BE-1050 Brussels, Belgium. Electronic address: liesbeth.de.donder@vub.ac.be.
authors.forename: Liesbeth
authors.initials: L
authors.lastname: De Donder
authors.affiliation: Faculty of Counselling & Psychotherapy, Irish College of Humanities and Applied Sciences, Walton House, Lonsdale Rd., Castletroy, Limerick, Ireland. Electronic address: denis.ryan@ichas.ie.
authors.forename: Denis
authors.initials: D
authors.lastname: Ryan
authors.affiliation: Faculty of Psychology and Education, Vrije Universiteit Brussel, Pleinlaan 2, BE-1050 Brussels, Belgium. Electronic address: dverte@vub.ac.be.
authors.forename: Dominique
authors.initials: D
authors.lastname: Verté
authors.affiliation: Faculty of Psychology and Educational Sciences, Ghent University, H. Dunantlaan 2, BE-9000 Ghent, Belgium. Electronic address: Erik.broekaert@ugent.be.
authors.forename: Eric
authors.initials: E
authors.lastname: Broekaert
authors.affiliation: Faculty of Psychology and Educational Sciences, Ghent University, H. Dunantlaan 2, BE-9000 Ghent, Belgium. Electronic address: Stijn.vandevelde@UGent.be.
authors.forename: Stijn
authors.initials: S
authors.lastname: Vandevelde
mesh_terms: D000368:Aged; D000369:Aged, 80 and over; D000987:Antisocial Personality Disorder / Q000175:diagnosis / Q000523:psychology; D001530:Belgium; D000066479:Criminal Behavior; D005260:Female; D006801:Humans; D008607:Intellectual Disability / Q000523:psychology* / Q000628:therapy*; D008297:Male; D016743:Mental Competency / Q000331:legislation & jurisprudence* / Q000523:psychology*; D001523:Mental Disorders / Q000523:psychology* / Q000628:therapy*; D008875:Middle Aged; D010360:Patient Transfer / Q000331:legislation & jurisprudence; D011157:Population Dynamics; D011329:Prisoners / Q000331:legislation & jurisprudence* / Q000523:psychology*; D012114:Residential Treatment / Q000331:legislation & jurisprudence; D012189:Retrospective Studies; D012941:Social Responsibility; D014754:Violence / Q000331:legislation & jurisprudence / Q000517:prevention & control / Q000523:psychology
keywords: Criminally irresponsible; Elderly; Offenders; Older; Prisoners