JUSTICE FOR ALL
4. Reduced recidivism: Halfway Houses
have been shown to reduce recidivism
rates among detainees. By providing
transitional support, peer support,
individualised care, and other resources,
Halfway Houses can help individuals successfully reintegrate into the community
and reduce the likelihood of reoffending.
ANNEX 6: SLOVENIA OPEN FORENSIC WARD
“The essential is invisible to the eye! And
the essential is love. Now, how do you
love someone who killed someone? It is
necessary to understand this man and the
circumstances and from birth onwards...
and to understand his illness.” (Dr. Žagar
2023)
To determine whether a person can be held
criminally responsible, the judge may order
a psychiatric examination. If it is found
that the defendant was at the time of the
offence incapable to be found criminally
responsible, proceedings for the application
of security measures will be carried out. This
may result in imposing the security measure
of compulsory psychiatric treatment and
confinement in a medical institution. Since
2012, there is only one such facility in Slovenia where such measures can be carried
out – (a closed) Forensic Psychiatry Unit
of the University Clinical Centre Maribor.
However, in the past there was an open
forensic psychiatry ward in Slovenia – and
it seems that such a ward was a unique
practice in Europe.
Although the practice does not exist anymore, the experiences and its elements
seem to be a promising practice, which is
why we chose the Department of Forensic
and Social Psychiatry of the University
Psychiatric Hospital in Ljubljana, Slovenia
(hereinafter: DFSP) for the Slovenian
national case study. The Department was
(for a certain period) an open institution
organised as a therapeutic community
(TC) and which had a psychotherapeutic
and rehabilitative orientation. The DFSP
offered “treatment for psychotic offenders,
prisoners, and people with socially accentu-
ated psychiatric disorders” (Kobal and Žagar
1994). However, there was a selection of
forensic patients that were to be treated
within the DFSP and those who were
assessed as too much of a risk, were still
referred to a closed ward of a psychiatric
hospital.532 Nevertheless, the experience
showed that rehabilitation of many of the
forensic patients can be achieved with
alternative approaches such as TC.
The DFSP was founded on 15 August
1967 by the University Psychiatric Hospital
founded DFSP and the first head the Department was first Dr. Kobal who was later
replaced by Dr. Žagar.533 Both were psychiatrists who beforehand had experience as
prison psychiatrists. They were also among
the main protagonists of this development,
and we could say that if it wasn’t for them,
an open forensic psychiatry warn would
never have existed. But to be precise, the
initiator was Kondža Joco, senior medical
technician. Dr. Žagar (2023) explained in
an interview:
“He took the initiative and said to professor
Kobal... This was a closed department in the
beginning and there were many patients,
probably 30 of them or more. And some
could go home, some couldn't go home, because they still had the measure issued by the
court) and were new and aggressive and so
on... and they weren't allowed to go out. Then
he said to professor Kobal "Well, they know
who can go out and who can’t go out anyway, what if we try to leave the door open?".
And when they opened the ward, nothing
happened. Everything went well according
to a program that had been planned before.”
However, as written by Kondža and Kobal
(2014): “The department became open. But
not mindlessly and without control. Safety
inside and outside the ward was the basic
rule. After the bars were removed, we started
to open the doors gradually.”
According to Kobal and Žagar there was a
general tendency to organise other departments as TCs at that time, which helped
the DFSP to become a true therapeutic,
rehabilitative and environment-oriented TC
(for a certain period).534
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