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APPLICATION OF A PROFESSIONAL JUDGED OVER ONE DETENTION RIGHT

NCJ Number
147336
Editor(s)
E Leuw
Date Published
1993
Length
66 pages
Annotation
This research focused on the applicability and merits of the tbsa measure introduced in 1988 in the Netherlands, which permits community-based forensic psychiatric care and treatment for mentally disturbed delinquents who are not regarded as unacceptably dangerous to society.
Abstract
During the last 4 years, the courts have been very reluctant to apply this approach, which replaced tbs, the suspension of mandatory hospitalization. The analysis used data from official court records; questionnaires to case managers; and questionnaires to a sample of prosecutors, judges, and staff members of the tbs and probation system. Results revealed that the population convicted under this measure roughly reflect the intended criteria and were often convicted of sexually violent crimes and arson. The tbsa population was less seriously violent and less diagnosed in terms of antisocial personality disorder than were those convicted with mandatory treatment. According to the case managers, more than one-third of the tbsa population was poorly motivated to cooperate with the intended supervision and treatment, although only about 10 percent actively backed out of its obligations. The professionals regarded two types of mentally ill offenders as most suited for this approach: those who are well-motivated and amenable to treatment and those who are chaotic and socially dysfunctional, although not extremely dangerous, and require intense supervision. However, the need for voluntary cooperation by the convicted person hamper the credibility and feasibility of the tbsa measure. Findings indicated the need either to revoke the tbsa measure or to substantially enhance the conditions for its application. Tables, appended additional results, and 13 references