NCJ Number
104979
Date Published
1986
Length
26 pages
Annotation
This report describes the nature and effects of the TBR order in the Netherlands, which is an order applied to persons who have committed an offense, are totally or partially not criminally responsible for the behavior due to mental impairment, and are deemed a danger to the community.
Abstract
The order, which is based on a psychiatric report, may be combined with a prison sentence and provides for commitment to a psychiatric facility for a maximum of 2 years, at which time it must be extended for another 2 years. Most of the TBR institutions are privately run. The aims of the institutions are to provide the community protection from dangerous offenders and provide treatment for the offenders. The treatment provided is generally regarded as of a higher standard than in psychiatric hospitals for nonoffenders. Several forms of therapy and sociotherapy are provided. Part of the treatment in all TBR institutions is progressive treatment. Data present the number of TBR orders per year for 1946-1984. Information on the effects of TBR orders focuses on problems during treatment, recidivism, and personal well-being. Data on recidivism cover the period from final discharge of the patient to December 1982. This encompasses 3.5-8.5 years after final discharge for 589 patients. Although the ex-TBR patients had a high rate of recidivism, the offenses involved were not generally serious. Data also address the opinions and attitudes of the judiciary toward the necessity, usefulness, and effects of the TBR. Although the results of TBR's are not that bad compared with the results of other offender dispositions, the judiciary is somewhat disillusioned with them due to high expectations. Efforts are underway to provide more legal restrictions on mental health professionals in discretionary decisions regarding TBR patients. 16 references and list of 88 papers, reports, and articles in English, German, and French.