NCJ Number
15256
Date Published
1974
Length
33 pages
Annotation
BILL REGARDING GOVERNMENTAL COMMITMENT OF MENTALLY DISTURBED OFFENDERS IS DISCUSSED AND CRITICIZED, AND ALTERATIONS TO THE BILL SUGGESTED.
Abstract
A BRIEF HISTORY OF LEGISLATION IN THE NETHERLANDS CONCERNING THE DISPOSITION OF CASES INVOLVING MENTALLY DISTURBED OFFENDERS IS GIVEN. UNDER THE SO-CALLED 'LAW ON PSYCHOPATHS' OF 1928, WHICH IS STILL IN FORCE, A COURT CAN ORDER SUCH AN OFFENDER TO BE PLACED IN A MENTAL INSTITUTION OR HE CAN BE GIVEN 'GOVERNMENTAL COMMITMENT'. IF HE RECEIVES GOVERNMENTAL COMMITMENT, HE IS PLACED IN A MENTAL INSTITUTION, AND, AT THE EXPIRATION OF TWO YEARS, THE PUBLIC PROSECUTOR CAN CALL, THROUGH THE JUDGE, FOR ONE OR TWO ADDITIONAL YEARS. THE LAW DOES NOT SPECIFY THE NUMBER OF TIMES AN EXTENSION CAN BE CALLED FOR. THE MINISTRY OF JUSTICE GOVERNS QUESTIONS OF PROBATION AND RELEASE FROM GOVERNMENTAL COMMITMENT. A BILL, THE GOVERNMENTAL COMMITMENT DRAFT LAW OF 1972, HAS BEEN PROPOSED, WHICH IS INTENDED TO IMPROVE THE ADMINISTRATION OF GOVERNMENTAL COMMITMENT. IT PROVIDES, AMONG OTHER THINGS, FOR INVESTING THE EXTENSION PROCEDURE WITH MORE SAFEGUARDS AND GIVING MORE CONSIDERATION TO THE LEGAL POSITION OF THE MENTALLY DISTURBED OFFENDER, AND IT EXCLUDES THE POSSIBILITY OF ONE JUDGE, ACTING ALONE, IMPOSING GOVERNMENTAL COMMITMENT. THE AUTHOR'S OBJECTIONS TO THE 1972 BILL ARE - IT DOES NOT CALL FOR A CAUSAL RELATIONSHIP BETWEEN THE MENTAL ILLNESS AND THE OFFENSE, IT DOES NOT MAKE IT CLEAR WHETHER THE PURPOSE OF GOVERNMENTAL COMMITMENT IS PROTECTION OR PRIMARILY OF A MEDICAL NATURE, AND IT DOES NOT DEFINE THE POSTION OF GOVERNMENTAL COMMITMENT WITHIN THE CRIMINAL LAW SYSTEM. THE AUTHOR RECOMMENDS THAT SOME OF THE EXISTING GOVERNMENTAL COMMITMENT INSTITUTIONS BE TRANFERRED TO THE FIELD OF PUBLIC HEALTH AND OPERATED UNDER THE PROVISIONS OF THE LAW FOR SPECIAL ADMISSIONS TO PSYCHIATRIC HOSPITALS, WHILE OTHERS BE INTEGRATED INTO THE EXISTING SYSTEM OF PENAL INSTITUTIONS. THESE LATTER WOULD RECEIVE MENTALLY DISTURBED OFFENDERS FOR WHOM A CAUSAL RELATIONSHIP BETWEEN MENTAL ILLNESS AND OFFENSE EXISTED, WHO WERE CONSIDERED DANGEROUS, OR WHO VOLUNTARILY