There are quite a few TBS clinics in the Netherlands. How do you end up in a TBS clinic and how do you get out again? What is TBS and when will the judge impose TBS as a measure? Can the judge just give you a TBS order or is there something more to it? Can you ever get out of the TBS stamp? Read all about it in this piece.
Making available
TBS is an abbreviation of provision. This is a treatment measure that the judge imposes on people who have committed serious crimes and suffer from a psychiatric illness or disorder. TBS can be imposed by the judge in combination with a prison sentence. Only in the event that a psychiatric examination has established that a suspect suffers from a mental disorder can the judge impose a TBS order. There are two types of TBS, TBS with a nursing order and TBS with conditions.
TBS with order for (compulsory) treatment
The most drastic form of TBS is that with a nursing order. The TBS patient is placed in a TBS clinic and treated. A TBS measure is imposed for two years, the measure can be extended by one to two years each time. If the TBS patient has committed violent crimes that are dangerous to others, the compulsory treatment can always be extended until the TBS patient’s death.
Tbs with conditions
With this form of TBS, the person with TBS does not stay in a clinic, but the judge sets conditions for the behavior. For example, the TBS patient may not use alcohol or drugs, or he must undergo mandatory treatment. If he does not comply with the conditions, the TBS with conditions can be converted into TBS with a nursing order. The maximum duration of this TBS imposition is nine years. The maximum prison sentence for which TBS with conditions can be imposed is five years.
Extension of the TBS measure. The judge can continue to extend the TBS measure, as long as the danger to society does not decrease to an acceptable level. TBS patients for whom the measure is continually extended are placed in a long-stay facility after a number of years. An independent group of experts advises the judge every six years on whether the extension is still desirable or not.
Longstay department
When TBS patients have completed their treatment but are still too dangerous to return to society, they are transferred to a long-stay department. The TBS patient who stays there does not receive treatment aimed at returning to society.
Duration of the long stay and leave
The judge still checks every two years whether the extension in this section is still necessary. Even if someone is placed in this department because no further treatment is possible, new
treatment prospects may arise after a number of years. For example, new medicines or new treatment methods. In many cases it is possible for the TBS patient to go on leave under supervision.
List of TBS clinics in the Netherlands
- FPC Veldzicht, Balkbrug
- Pompe Foundation, Nijmegen
- Hoeve Boschoord, Boschoord, municipality of Westerveld
- Oostvaarderskliniek, Utrecht and Amsterdam (from 2008 in Almere)
- De Kijvelanden Clinic, Poortugaal
- Dr. S van Mesdagkliniek, Groningen
- Fpc Oldenkotte, Rekken, Deventer and Enschede
- FPI de Rooyse Wissel, Oostrum, municipality of Venray and Maastricht
- FPK de Meren, Amsterdam
- FPC 2landen, Utrecht
In addition, some general psychiatric hospitals have a forensic psychiatric department (FPA) where, among other things, people with TBS are admitted. These are usually people who do not pose much of a threat to their environment and/or have already been treated in a regular clinic.
Institutions with an FPA
- GGZ Noord-Holland, Heiloo location
- Pieter Baan Center, Utrecht (this is often mentioned in the media, but is not a TBS clinic, but the psychiatric observation clinic of the Netherlands Institute for Psychiatry and Psychology, NIFP)