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 order (TBS) is a measure that a judge may impose on offenders with a mental disorder at the time of committing an offence. It is not a punishment, but a treatment trajectory aimed at recovery and safety.
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 imposition of TBS is subject to strict criteria laid down by law.
Statutory criteria (art. 37a Sr)
- The offence must carry a minimum sentence of 4 years
- Or it concerns specific offences named in the law
- A mental disorder at the time of the offence
- Risk of recidivism or danger to others
- Advice from behavioural experts in a report
Types of TBS
There are two forms of TBS, depending on the situation and risk.
TBS with compulsory admission
- Residence in a specialised TBS institution (FPC)
- Intensive therapeutic supervision
- Most intrusive form of TBS
- No fixed end date
TBS subject to conditions
- No residence in an institution
- Strict rules and obligations
- Treatment outside the clinic
- Maximum of 9 years applicable
How long does TBS last?
The standard duration of TBS is 2 years, but extension is possible depending on the circumstances.
Rules for extension
| Type of offence | Possible extension |
|---|---|
| Violent offence | No limit on extension |
| Other offences | Maximum 4 years in total |
| Evaluation | Annual assessment by the court |
Treatment trajectory within TBS
In a TBS institution, the person receives a comprehensive treatment plan.
Elements of treatment
- Psychiatric care
- Therapeutic sessions
- Medication if necessary
- Structure through work and daytime activities
- Development of social skills
- Preparation for return to society
Leave arrangements and end of TBS
During TBS, various forms of leave are possible, depending on progress.
Types of leave
- Supervised leave
- Independent leave
- Residing outside the institution (transmural)
- Trial period for termination
- Conditional termination of TBS
Combination with prison sentence
TBS is often carried out after a prison sentence. First, the sentence is served, followed by the TBS measure.
Longstay ward
If treatment has no effect and the risk persists, a person may be placed in a longstay ward. This means long-term admission without an active treatment goal, focused on security.
TBS and legal assistance in Rijswijk
For questions about TBS or legal assistance in Rijswijk, you can contact the Juridisch Loket Rijswijk. In addition, cases often fall under the District Court of The Hague, the district to which Rijswijk belongs. Contact them for advice or support in procedures relating to TBS.
Frequently asked questions about TBS
What is the average duration of TBS and can it end?
TBS starts with a period of 2 years, but is regularly extended if there is still a risk of recidivism. For violent offences, this can last indefinitely, while for other offences a maximum of 4 years applies. The court evaluates annually. TBS only ends when the danger has sufficiently diminished, which can sometimes take decades. In some cases, conditional termination is possible.
What distinguishes TBS with compulsory treatment from TBS subject to conditions?
TBS with compulsory admission means residence in a closed TBS clinic (FPC) with intensive care and no fixed end date. TBS subject to conditions means no admission, but strict rules and treatment outside the clinic, with a maximum of 9 years. Compulsory admission applies in cases of high risk, while the conditional variant may be possible in cases of manageable danger.
Is release possible after TBS?
Yes, but this requires significant progress in the treatment trajectory. The process is often lengthy and proceeds step by step via various forms of leave and evaluations by the court.