TBS is a legal measure for persons with a mental disorder who have committed an offence. It focuses on treatment and protecting society. The duration of TBS can be long and is extended as long as risks remain.
What does TBS entail?
Placement at the Government's Disposal (TBS) is a measure imposed by the court on offenders with a mental disorder at the time of committing the offence. It is not a punishment, but a form of treatment aimed at recovery and prevention.
Objectives of TBS
- Treatment of the mental disorder
- Reducing the risk of recidivism
- Ensuring public safety
- Return to society if feasible
Conditions for imposing TBS
The court may only impose TBS if specific criteria are met.
Statutory criteria (art. 37a Sr)
- The offence carries a minimum penalty of 4 years
- Or it concerns a specifically designated offence
- There was a mental disorder at the time of the offence
- There is a risk of recidivism or danger to others
- A report from behavioural experts supports the measure
Types of TBS
There are two main forms of TBS with different approaches.
TBS with compulsory admission
- Residence in a TBS institution (FPC)
- Intensive therapeutic supervision
- Most intrusive form of TBS
- No fixed end date
Conditional TBS
- No residence in a clinic
- Strict rules and obligations
- Treatment on an outpatient basis
- Maximum of 9 years in force
How long does TBS last?
The standard duration of TBS is 2 years, but extension is often necessary.
Extension rules
| Context | Extension |
|---|---|
| Violent offences | Unlimited possible |
| Other offences | Maximum 4 years in total |
| Assessment | Annual review by the court |
Treatment process
Within a TBS institution, the person concerned receives an extensive treatment programme.
Elements of treatment
- Psychiatric care
- Therapeutic sessions
- Medication if necessary
- Structure through daytime activities
- Training in social interaction
- Preparation for return to society
Leave and termination
During TBS, the person concerned can gradually gain more freedom in phases.
Types of leave
- Supervised leave
- Independent leave
- Stay outside the clinic (transmural)
- Trial period for termination
- Conditional end of the measure
Combination with prison sentence
TBS is often carried out after a prison sentence. First the sentence is served, then the TBS measure begins.
Longstay trajectory
If treatment has no effect and the danger persists, a longstay placement may follow: a long-term stay in a secure setting without an active treatment goal.
Frequently asked questions about TBS in Westland
How long can TBS last and when does it end?
TBS starts with a period of 2 years, but can be extended repeatedly if there is still a risk of recidivism. For violent offences there is no limit, while other offences have a maximum of 4 years. The court evaluates annually whether extension is necessary. TBS ends only if the danger has been sufficiently reduced, which can sometimes take a long time.
What distinguishes TBS with compulsory treatment from conditional TBS?
With TBS with compulsory treatment, you are admitted to a secure TBS clinic (FPC) for intensive care without a fixed end date. Conditional TBS means that you live outside a clinic, but must follow strict rules and receive outpatient treatment, with a maximum of 9 years. Compulsory treatment is for high-risk cases, while conditions apply in cases of manageable danger.
Is release possible after TBS?
Yes, but this requires a long-term trajectory. Release is only possible if the treatment is successful and the risk of recidivism is minimal, often via step-by-step leave forms.
Relevant institutions in Westland:
Court: District Court of The Hague (district)
Legal Aid Office: Legal Aid Office Westland