Abstract

Background: In Germany, people suffering from severe mental illness who have committed serious offenses and have considerably reduced or suspended criminal responsibility can be detained and treated in forensic psychiatric hospitals. In the German federal state of Baden-Wuerttemberg, all psychiatric hospitals including forensic psychiatric hospitals are obliged to record data on every coercive intervention and to submit them to a central registry. The objective of this study was to determine key measures for the use of seclusion and restraint and to compare them with data from the same registry on the use of coercion in general inpatient mental health care.Methods: Data on the main psychiatric diagnosis according to ICD-10, type and duration of each coercive measure and number of treated cases according to diagnoses, and cumulated number of days of treatment from all 8 forensic facilities in the state of Baden-Wuerttemberg covering a catchment area with about 11 million inhabitants were collected at the treated-case-level for 3 years.Results: 22.6% of the cases treated in 2017 in forensic psychiatric hospitals were subjected to seclusion, and 3.8% were subjected to mechanical restraint. The mean cumulated duration of seclusion episodes per affected case was 343.9 h and the mean cumulated duration of restraint episodes was 261.7 h. 13.2% of the treated cases were subjected to room confinement with a mean cumulated duration of 539.1 h per affected case. Involuntary medication was applied in 1.9% of the cases. In general psychiatry, 2.9% of the treated cases were subjected to seclusion, and 4.7% were subjected to mechanical restraint. The mean cumulated duration per affected case amounted to 32.2 h for seclusion episodes and to 37.6 h for restraint episodes. Involuntary medication was applied in 0.6% of cases.Conclusion: Compared to general psychiatry, mechanical restraint is used in forensic psychiatry substantially less frequently and seclusion substantially more frequently. Room confinement is used only in forensic psychiatric hospitals. Use of involuntary medication is rare. On the one hand, recorded involuntary medication comprises only clear actions against the patient's expressed will as defined by law. Psychological pressure to take medication to avoid other forms of coercion and to achieve higher levels of freedom within the facility is not recorded. On the other hand, the low numbers of clear involuntary medication probably reflect the high legal threshold for such interventions, and, consequently, efforts by staff to motivate voluntary acceptance. The long duration of freedom-restricting coercive measures in forensic psychiatry probably reflects the selection of patients at high risk of violence.

Highlights

  • In Germany, people suffering from severe mental illness who have committed offenses and are deemed to have considerably reduced or suspended criminal responsibility at the time of the offense can be detained in forensic psychiatric hospitals according to penal law (§63 German penal law)

  • A criminal court can order the detention of an individual in a forensic psychiatric hospital, if due to his or her condition, the individual presents a significant risk of committing harmful or dangerous acts, and the detention will be suspended only when the court is of the opinion that the individual presents no future danger to the public or that ongoing detention is no longer proportionate

  • The results indicate that nearly one out of four (22.6%) of the treated cases in forensic psychiatric facilities were subjected to seclusion during a year of detention, while physical restraint concerned less than one out of 25 cases (3.6–3.8%)

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Summary

Introduction

In Germany, people suffering from severe mental illness who have committed offenses and are deemed to have considerably reduced or suspended criminal responsibility at the time of the offense can be detained in forensic psychiatric hospitals according to penal law (§63 German penal law). The conditions of forensic psychiatric treatment in the respective facilities are regulated by the federal law of the 16 federal states, with certain differences between them. This applies to the use of freedom-restrictive coercive interventions. In Germany, people suffering from severe mental illness who have committed serious offenses and have considerably reduced or suspended criminal responsibility can be detained and treated in forensic psychiatric hospitals. The objective of this study was to determine key measures for the use of seclusion and restraint and to compare them with data from the same registry on the use of coercion in general inpatient mental health care

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