Dutch TBS system faces growing backlog

The Dutch TBS system is facing a growing backlog. New figures show that fewer people are entering TBS clinics, while the waiting list is rising.

TBS stands for terbeschikkingstelling. It is a Dutch legal measure for people who committed a serious offence and had psychiatric problems at the time. It is not simply a prison sentence. It is meant to treat someone so that they can return to society safely.

This makes TBS one of the most important and difficult parts of the Dutch justice system. It sits between punishment, mental healthcare and public safety.

Last year, TBS clinics admitted 118 new patients. That is 28 percent fewer than the year before. At the same time, the waiting list for a place has grown to 261 people. In 2020, the list had 45 people.

People on the waiting list usually wait in prison until a treatment place becomes available. If they wait too long, they may be entitled to compensation. That costs the state money, but the bigger problem is that treatment starts late.

The system is stuck in several places. More people are being given TBS. Clinics have too few spaces. Treatments are taking longer. And people who are ready to move to a lower security setting often cannot leave because there are not enough follow up places.

The average TBS treatment now takes about ten years. That is longer than before. Clinic leaders say this may be partly because society and professionals have become more cautious about risk.

The Dutch system tries to reduce the chance that someone commits another serious offence. That goal is important. But if the threshold for moving people to the next step becomes too high, beds stay occupied and new patients cannot start treatment.

TBS can be difficult to understand because it is very specific to the Dutch legal system. The key point is that TBS is meant to protect society through treatment, not only through detention.

The debate is sensitive. Public safety matters. Victims and communities want assurance that dangerous people will not be released too soon. At the same time, the system cannot work if people who need treatment remain in prison without treatment.

Another challenge is housing after treatment. Not every former TBS patient can live independently right away. Some need supervised housing or lower security care. Municipalities can be hesitant to host such facilities.

That hesitation is understandable, but it also slows the whole system. If people cannot move out, others cannot move in.

The next step will likely involve more clinic capacity and more follow up care. Without that, the waiting list may continue to grow.