TBS Compulsory Treatment in Zoetermeer
TBS compulsory treatment involves mandatory medical and psychological care for individuals in Zoetermeer and surrounding areas subject to a TBS order with compulsory treatment. This occurs in forensic psychiatric centres (FPCs) and aims to address mental disorders to prevent reoffending. For Zoetermeer residents, the District Court of Zoetermeer is typically the authority imposing this measure under Dutch criminal law for high-risk offenders.
Legal Basis for TBS Compulsory Treatment around Zoetermeer
TBS compulsory treatment is grounded in Article 37a of the Criminal Code (Sr). A judge, such as at the District Court of Zoetermeer, may order TBS if an offence stems from a mental disorder and public safety is at risk. Compulsory treatment is integral to TBS and can be indefinite, with initial judicial review after no more than two years.
Additional rules are set out in the Penitentiary Principles Act (Pbw) to protect TBS patients, and the TBS guideline from the Ministry of Justice and Security. Under the Compulsory Mental Health Care Act (WvGGZ) since 1 January 2020, TBS compulsory treatment remains a criminal measure, unlike regular WvGGZ care. The Judicial Review of TBS (Article 37b Sr) assesses necessity annually, while probationary leave (Article 37c Sr) sets conditions for conditional release.
Process for TBS Compulsory Treatment for Zoetermeer Residents
Following imposition by the District Court of Zoetermeer, admission follows to an FPC, such as the Pieter Baan Centre or DJI clinics. Care includes:
- Diagnosis: Assessment of disorders like psychosis or personality issues.
- Medication: Forced administration if refused (Article 28 Pbw).
- Therapy: Individual sessions, group treatment, and behavioural therapy.
- Resocialisation: Work training, sports, and preparation for reintegration, possibly supported by the Municipality of Zoetermeer.
TBS duration is flexible, typically 5-10 years. The clinic reports annually to the District Court of Zoetermeer on extension or termination.
Example from Zoetermeer
A Zoetermeer resident, Mr. B, commits a robbery in the Buytenwegh neighbourhood due to psychosis. The District Court of Zoetermeer imposes TBS with compulsory treatment. Forced medication follows refusal. After two years of therapy, he receives supervised leave. This illustrates the balance between care and security in the region.
Rights and Obligations under TBS Compulsory Treatment
Rights of TBS Patients
- Hearing and right of reply at the District Court of Zoetermeer (Article 37b Sr).
- Access to personal lawyer and confidant via The Legal Aid Office Zoetermeer.
- Protection against excessive coercion (ECHR Articles 5 and 8).
- Option for probationary period after two years (Article 37c Sr).
Obligations of Patients
- Cooperate with therapy.
- No violations during leave.
- Participate in assessments and treatments.
The institution prepares an annual treatment plan and reports to the judge.
Comparison: TBS Compulsory Treatment vs. Prison Sentence
| Aspect | TBS Compulsory Treatment | Prison Sentence |
|---|---|---|
| Purpose | Care and public protection | Punishment and retribution |
| Duration | Flexible until recovery | Fixed (up to life) |
| Coercion | Medication and admission permitted | No medical coercion |
| Review | Annual judicial | One-time per sentence |
Frequently Asked Questions: TBS Compulsory Treatment in Zoetermeer
Can TBS compulsory treatment last forever?
No, the District Court of Zoetermeer reviews annually. It usually ends within 10 years for 80% of cases.
Consequences of refusing therapy?
Coercive measures like restraint or nasal medication (Article 28 Pbw), after medical consultation as a last resort.
Visits allowed in TBS?
Yes, with conditions. Family from Zoetermeer can visit after screening.
Difference from WvGGZ?
WvGGZ is civil and shorter (max. 6 years); TBS is criminal with a forensic focus.
Tips for TBS in Zoetermeer
- Legal Support: Contact The Legal Aid Office Zoetermeer or a criminal lawyer to challenge extensions. Find local help.
- Document: Record treatments for the District Court of Zoetermeer.
- Make Use of Probationary Period: Focus on resocialisation with the Municipality of Zoetermeer.
- Involve Family: Their input matters in judicial decisions.
Read more about TBS in Zoetermeer or forensic care. Related: TBS Probationary Period, Forced Medication.