Annual Report 2015
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the equivalence of the care provided to detained persons and the care provided
to persons in the regular healthcare system (principle of equivalence) cannot
as yet be assessed;
more options will be available for treating forensic patients in mental
healthcare institutions and the placement of patients from the mental
healthcare system in forensic psychiatric centres are laid down by law. Due to
the important role played by the Minister when a judicial ground for placement
is lacking, the balance between serving justice and providing care is a point
requiring attention.
The RSJ believes the proposed legislation is insufficiently well-conceived, coherent,
transparent and unambiguously applicable in practice. Even though the process of
passing the proposals into law has been going on for a couple of years, it is
necessary that the provision of care is properly laid down by law and that no lack of
clarity or unnecessary complexity enters the law due to time pressure. The RSJ
attaches great importance to making it sufficiently clear which party is responsible
for what action and emphasises that sufficient time and capacity will need to be
provided to implement the proposed changes. Haste makes waste in this
connection. At the time this annual report was drawn up, the parliamentary debate
of the Bill was still ongoing.
Risks and obstacles related to a longstay order
As a result of the DJI Masterplan for the period 2013-2018, there will only be one
longstay clinic (divided over two locations) for those under a hospital order ("TBS").
The RSJ identified the following obstacles in this connection:
•
A "monopoly position" for the clinic and, thus, a risk of the development of a
one-sided view of the treatment and punitive approach to TBS longstay
patients. This could impede the outflow from the longstay facility.
•
It is not (always) possible to transfer TBS longstay patients, for example, in
connection with a deadlock or an incident. This is because the two longstay
locations of the institutions, in the current situation, are not comparable with
respect to the punitive approach and the level of guidance and counselling.
•
The level of awareness of and familiarity with the time-out provision, i.e., the
possibility of transferring a TBS longstay patient temporarily (for a period of
seven weeks), pursuant to Section 13 of the Hospital Orders (Care) Act, with
the purpose of observing the involved person, is insufficient.
Concerns were also voiced during the advisory phase, in connection with the Vught
longstay location. A penitentiary environment is not the ideal environment in which
to provide TBS longstay patients with the required high-quality climate for their stay
and care needs. The small size of the Vught longstay location (a total of 24 spaces)
reinforces the existing dependence of Pompestichting on the DJI staff and the
facilities at PI Vught. At the Specialised Intensive Care Unit of the Vught longstay
location, incidents occur almost daily in the small unit (six spaces), despite the
efforts of the staff. The two seclusion cells are used quite regularly and the staff
turnover rate is high.
The RSJ in its advice outlines two scenarios with recommendations with which to
obviate the risks and obstacles related to a longstay order. An important element in
both scenarios is the closure of (at least the majority of) the Vught longstay
location. The RSJ recommends that this longstay location be closed in view of the
fact that a longstay facility which is embedded in a penitentiary setting, although
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