TBS, or placement at the government's disposal, is a legal measure for persons with a mental disorder who have committed an offence. It combines treatment with societal protection and can be extended long-term if the danger persists.
What does TBS entail?
Placement at the government's disposal (TBS) is a measure imposed by the court on offenders with a mental disorder at the time of committing a crime. 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
- Safeguarding society
- Return to society where possible
Conditions for imposing TBS
The imposition of TBS is subject to strict criteria laid down by law.
Statutory requirements (art. 37a Sr)
- The offence carries a minimum penalty of 4 years
- Or it concerns specific, listed offences
- There was a mental disorder at the time of the offence
- There is a risk of recidivism or danger to others
- A report from behavioural experts supports the measure
Types of TBS
TBS has two different forms, depending on the situation and the risk.
TBS with compulsory admission
- Residence in a TBS institution (FPC)
- Intensive therapy and supervision
- Most intrusive form of TBS
- No fixed end date
TBS with conditions
- No admission to an institution
- Mandatory compliance with strict rules
- Treatment outside the clinic
- Maximum of 9 years applicable
How long does TBS last?
In principle, TBS lasts 2 years, but extension is possible as long as the necessity continues to exist.
Extension rules
| Context | Possible extension |
|---|---|
| Violent offence | Unlimited possible |
| Other offences | Maximum 4 years in total |
| Assessment | Annual review by the court |
Treatment during TBS
In a TBS institution, the person concerned receives an intensive treatment trajectory.
Elements of treatment
- Psychiatric care
- Therapeutic sessions
- Medication if necessary
- Daily activities and work
- Training in social interaction
- Preparation for return
Leave and end of TBS
During TBS, different stages of leave are possible.
Types of leave
- Supervised leave
- Independent leave
- Stay outside the clinic (transmural)
- Trial period for termination
- Conditional termination of TBS
TBS in combination with imprisonment
TBS is often combined with a prison sentence. The sentence is served first, followed by the TBS measure.
Longstay ward
When treatment has no effect and the danger persists, placement in a longstay ward may follow. This means long-term admission without an active treatment goal, purely focused on security.
TBS in Utrecht: Relevant institutions
For matters regarding TBS in Utrecht, you can contact the following institutions:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht
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 often extended as long as there is a risk of recidivism. For violent offences, extension is unlimited possible, for other offences maximum 4 years. The court assesses annually whether continuation is necessary. TBS ends only when the danger has sufficiently diminished, which can sometimes take years. In some cases, conditional termination is possible.
What distinguishes TBS with compulsory treatment from TBS with conditions?
TBS with compulsory treatment requires admission to a secure TBS clinic (FPC) with intensive care and has no fixed duration. TBS with conditions means no admission, but strict rules and treatment outside the clinic, with a maximum of 9 years. Compulsory treatment applies in cases of high risk, while conditional TBS may be possible with manageable danger.
Is release after TBS possible?
Yes, but this requires significant progress in treatment and a lengthy process. Release occurs gradually through leave forms and assessments by the court.