Contrary court decision abolished
State Secretary of Security and Justice Teeven will revoke the jurisdiction of the court to terminate the compulsory hospitalisation of TBS-convicted persons unconditionally. This means that the so-called contrary termination will be abolished. This is evident from a memorandum of amendment to the Hospital Orders Act the State Secretary submitted to the Lower House.
If the court terminates the compulsory TBS hospitalisation contrary to the advice of experts, the TBS-convicted person will be released the very same day, without any form of supervision. Such a sudden return to society would increase the risk of reoffending. If the termination of the compulsory hospitalisation is made conditional, however, the probation and aftercare service and the forensic psychiatric centre can carry out the best possible supervision. In that case the TBS-convicted person would not only return to society more gradually, but also more safely.
For that reason, a period of compulsory TBS-hospitalisation will in future always be followed by a period of at least one year of TBS detention, in which period the compulsory hospitalisation will be terminated conditionally. In this period the TBS convicted person will no longer stay in the forensic hospital and will be under forensic psychiatric supervision. This is a new form of supervising TBS-convicted persons, involving both the probation and aftercare service and the forensic psychiatric centre, each from their own expertise. This will also solve the problem of contrary termination. The conditional termination of hospitalisation is for a maximum period of nine years. If the conditions are not met, the hospitalisation will be restored.