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 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 judge 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 listed offence
- There was a mental disorder at the time of the offence
- There is a risk of recidivism or danger to others
- Advice from behavioural experts is required
Types of TBS
TBS has two different forms, depending on the situation and the risk.
TBS with compulsory treatment
- Admission to a specialised TBS clinic (FPC)
- Intensive therapeutic supervision
- Most intrusive form of TBS
- No fixed end date
TBS with conditions
- No admission, but treatment outside a clinic
- Strict rules and obligations
- Treatment on an outpatient basis
- Maximum duration of 9 years
How long does TBS last?
The initial duration of TBS is 2 years, but extension is often necessary.
Rules for extension
| Type of offence | Possible extension |
|---|---|
| Violent offences | Indefinitely extendable |
| Other offences | Maximum 4 years in total |
| Assessment | Annually by the court |
Treatment trajectory in Zoetermeer and surroundings
In a TBS institution, the person receives intensive care and supervision.
Elements of treatment
- Psychiatric support
- Therapeutic sessions
- Medication if necessary
- Structure through daytime activities
- Training in social interaction
- Preparation for return to society
Leave arrangements and termination
During TBS, various forms of leave may be granted.
Types of leave
- Supervised leave
- Independent leave
- Residing outside the clinic (transmural)
- Trial period for termination
- Conditional termination of TBS
Combination with prison sentence
TBS is often carried out after a prison sentence. First, the convicted person serves the sentence, after which the TBS measure begins.
Longstay trajectory
If treatment yields no results and the risk remains high, a longstay placement may follow. This means long-term admission without an active treatment goal, focused on security.
TBS and legal support in Zoetermeer
For TBS matters in Zoetermeer, jurisdiction falls under the District Court of The Hague. For legal advice, you can go to the Juridisch Loket Zoetermeer. They provide support with questions about TBS, rights, and procedures.
Frequently asked questions about TBS
How long can TBS last and does it ever end?
TBS starts with a period of 2 years, but can be extended repeatedly if risks still exist. For violent offences, there is no limit to the duration, while for other offences the maximum duration is 4 years. The court evaluates annually whether continuation is necessary. TBS ends only when the danger has sufficiently diminished, which can sometimes take many years.
What distinguishes TBS with compulsory treatment from TBS with conditions?
With TBS with compulsory treatment, you are admitted to a closed clinic (FPC) for intensive care without a fixed end date. TBS with conditions means living outside a clinic under strict rules and outpatient treatment, with a maximum of 9 years. Compulsory treatment applies in cases of serious danger, while conditions may be possible with lower risk.
Is release possible after TBS?
Yes, but it happens step by step. You must first show significant progress in your treatment before leave or termination is considered. This process is strictly assessed by the court.