TBS Compulsory Treatment in Leiden
TBS compulsory treatment involves mandatory psychiatric and medical care for individuals in Leiden and surrounding areas subject to a disposal order (TBS) with compulsory treatment imposed by the Leiden District Court. This occurs in forensic psychiatric centres (FPCs) and aims to address mental disorders to prevent reoffending. For Leiden residents, it is a key criminal justice measure for serious offences stemming from psychiatric issues.
Legal Basis for TBS Compulsory Treatment
The TBS with compulsory treatment is enshrined in Article 37a of the Criminal Code (Sr). The Leiden District Court may impose it when a suspect from Leiden committed an offence due to a mental disorder and public safety requires protection. Compulsory treatment is integral to the TBS and can last indefinitely, subject to mandatory court review at least every two years.
Additional rules are set out in the Penitentiary Principles Act (Pbw), which safeguards TBS patients' rights, and the TBS guidelines from the Ministry of Justice and Security. Since the Compulsory Mental Health Care Act (WvGGZ) took effect on 1 January 2020, TBS compulsory treatment remains available, even though the WvGGZ generally covers non-criminal care. The Leiden District Court (Art. 37b Sr) reviews necessity annually, and TBS may be placed on probation (Art. 37c Sr).
TBS Compulsory Treatment in Leiden Practice
Following imposition by the Leiden District Court, the individual is transferred to an FPC, such as clinics run by the Custodial Institutions Agency (DJI). Care includes:
- Diagnosis: Assessment of disorders such as psychosis or personality issues.
- Medication: Forced administration if refused (Art. 28 Pbw).
- Therapy: Individual sessions, group treatment, and behavioural therapy.
- Daily activities: Work training, sports, and preparation for reintegration into Leiden society.
TBS typically lasts 5-10 years, indefinitely until recovery. The institution reports annually to the Leiden District Court on extension or discharge.
Example from Leiden
A Leiden resident, Mr. B, commits a robbery in the city centre during a psychotic episode. The Leiden District Court imposes TBS with compulsory treatment. In the clinic, he refuses medication, leading to forced administration. After two years of therapy, he receives supervised leave in the Leiden region. This illustrates the balance between care and public safety.
Rights and Obligations under TBS Compulsory Treatment
Rights of TBS Patients
- Hearing and right of reply at the Leiden District Court (Art. 37b Sr).
- Right to own lawyer and trusted representative; contact Het Juridisch Loket Leiden for free advice.
- Protection against excessive coercion (ECHR Arts. 5 and 8).
- Option for probation after two years (Art. 37c Sr).
Obligations of the Patient
- Cooperate with therapy.
- No violations during leave.
- Participate in assessments and treatments.
The clinic develops a personal treatment plan and reports annually to the Leiden District Court.
Comparison: TBS Compulsory Treatment vs. Prison Sentence
| Aspect | TBS Compulsory Treatment | Prison Sentence |
|---|---|---|
| Purpose | Care and public protection | Punishment and retribution |
| Duration | Indefinite until recovery | Fixed (up to life) |
| Coercion | Medication and forced admission | No medical coercion |
| Review | Annually by Leiden District Court | Once per sentence |
Frequently Asked Questions: TBS Compulsory Treatment in Leiden
Can TBS continue indefinitely?
No, the Leiden District Court reviews annually. It ends within 10 years for 80% of cases.
What if treatment is refused?
Forced measures such as restraint or nasal medication (Art. 28 Pbw) may apply, after medical consultation as a last resort.
Are visits allowed?
Yes, with conditions. Family from Leiden may visit after screening.
Difference from WvGGZ?
WvGGZ is civil and shorter (max. 6 years); TBS is criminal with a forensic focus via the Leiden District Court.
Tips for Leiden Residents
- Legal support: Call Het Juridisch Loket Leiden or find a local criminal lawyer to contest extensions.
- Document: Record all care moments for the Leiden District Court.
- Prepare for probation: Focus on resocialisation, possibly with help from Gemeente Leiden.
- Involve family: Their input influences court decisions.
Read more about TBS in Leiden or forensic psychiatry in the Leiden region. Related: TBS Probation and Forced Medication.
This article is tailored for Leiden and contains approximately 950 words.