WODC, Res & Documentat Ctr, Minist Justice (Externe Organisatie)

Jacobus Hummelen (Chair)

Activiteit: MembershipAcademic


Conditional release of forensic psychiatric inpatients contrarian to or conform hospital staffs’ advice Recidivism rates and consequences for probation services

The Dutch judicial order ‘terbeschikkingstelling’ (tbs) is a court ordered sentence for people who have committed serious crimes and who have been declared (partially) irresponsible of committing these crimes due to severe mental disorders. Conclusions: Based on the current study, the following conclusions can be drawn: 1 In approximately 25% of the cases, the judge decides on conditional release contrary to the advice of the various individual parties, regardless which party is advising (i.e. public prosecutor, fph, six-year experts). The judge decides against the probation services’ advice less often: 15%. 2 The judges’ decision on contrarian conditional release is a heterogeneous type of decision: there are only a few cases where all advising parties mutually agree about conditionally releasing a forensic psychiatric inpatient. 3 Tbs-patients who have been conditionally released contrarian to the fph advice reoffend more often than patients who have been conditionally released conform the fph advice. However, when other predictors for recidivism are also included in the analyses, the type of decision (contrarian versus conform conditional release) is no longer a predictor for recidivism. Other, more general predictors of recidivism, such as age at unconditional release and criminal history, are then found to predict the difference in recidivism rates. 4 Probation officers note that problems concerning the supervision of former forensic psychiatric inpatients on contrarian conditional release are particularly found in cases where the probation services advised against conditional release. An intensification of the already existing framework between the fph and the probation services, as well as a more flexible approach of the conditional release process may ensure that contrarian conditionally released forensic psychiatric inpatients can be effectively transferred into the community as well those patients on conform conditional release.
Gehouden opWODC, Res & Documentat Ctr, Minist Justice