TBS in the Netherlands

The Dutch Entrustment Act, or Terbeschikkingstelling van de staat (TBS) Act, was enacted in 1928. Its goal was to protect society from individuals who had committed a serious crime on account of a serious mental disorder or defective development (including a personality disorder or serious intellectual disability) who were believed to constitute a continuing danger to society.1 Generally, a TBS order is combined with a mandatory treatment order when the safety of persons is considered in danger (Art. 37b, section 1 Dutch Code of Criminal Law; CCL). The law requires that at least two experts from different disciplines report on the defendant before the trial court can issue a TBS order. A judge can impose a TBS order if the following conditions apply (Art. 37a CCL): The defendant suffers from a mental disorder, which means that his responsibility for the alleged crime is (severely) diminished or absent.