For people who have committed serious crimes, the judge has the option to impose TBS. This measure is only possible for people with a disorder or psychiatric illness. Punishments are imposed on perpetrators of crimes in the belief that they will learn something from it and that they will not make the same mistake again. In addition, the penalties must also act as a deterrent. In certain cases it is not sufficient to simply impose a penalty. By imposing TBS, perpetrators receive treatment for their illness or disorder in addition to a prison sentence.
Different forms of TBS
There are two different forms of TBS, namely TBS with a nursing order and TBS with conditions.
TBS with nursing order
In the case of TBS with a nursing order, the patient is placed in a TBS clinic for treatment. This measure is imposed for a period of two years. The stay can then be extended for a period of one or two years. In principle, the treatment lasts a maximum of four years, but if there is a threat to society, the treatment can be extended each time.
Tbs with conditions
This form of TBS is a lighter form compared to TBS with a nursing order. The judge imposes conditions on the patient that he or she must adhere to. The patient does not have to be admitted, but undergoes mandatory treatment or must adhere to conditions imposed by the judge. If the patient does not comply with the conditions, TBS with a nursing order can still be imposed. The maximum term for this form of TBS is nine years.
When is TBS extended?
The purpose of TBS is to allow the patient to return to society. As long as this is not yet possible, the TBS will be extended until the desired result has been achieved. In cases where the TBS is repeatedly extended, the patients are transferred to a long-stay facility.
When is a TBS patient placed in a long-stay facility?
In general, there will be people here who have already been sentenced to TBS for a long time. In a long-stay facility, it will also be assessed once every two years whether TBS is still necessary. Most of the people here have finished their treatment, but the situation can change. Staying in these clinics does not mean that patients will stay there for life.
Can a TBS patient be granted leave?
The treatment they undergo is aimed at their return to society. A leave of absence is part of this. Towards the end of the leave, the duration of the leave will also be extended, in order to get used to the way of life in society again. Initially, the leave will be under supervision. As soon as the supervisors are satisfied with the progress, the patient can be given unescorted leave. Patients in the long-stay facilities can only be given leave under supervision.
The end of leave does not mean the end of treatment
After the supervision has ended, the TBS patient often remains under supervision. Conditions still need to be met. This check is carried out by the probation service. Post-release control can last up to nine years.