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Centre for Forensic Psychiatric Transfer Coordination and Research on Mutual Recognition Instrumentsnowyja.org
NOWY JA Foundation · Established May 2024

Closing the legal gap in forensic psychiatric transfer across the EU

As a central coordinating unit, NOWY JA Foundation manages the full operational cycle of forensic psychiatric transfer — from initial clinical audit to comprehensive reintegration supervision. We conduct advanced research on the systemic legal gap and develop implementation procedures that eliminate the legal vacuum affecting persons subject to forensic psychiatric measures across the EU.

Legal Framework DevelopmentTransfer CoordinationSocial Reintegration
The Scale of the Problem
450+
EU citizens in forensic psychiatric systems without a transfer pathway
0
Formal cross-border forensic psychiatric transfers in EU history before our model
15+
Patients successfully transferred under the procedure to date
6
EU countries where the legal framework can be replicated
The Problem

A legal vacuum at the heart of European justice

Across the European Union, hundreds of foreign nationals are held in forensic psychiatric institutions under court-ordered treatment measures — not prison sentences, but indefinite psychiatric detention tied to mental health status. When these individuals are citizens of another EU member state, a profound legal problem emerges: no framework exists to transfer them home.

The EU's mutual recognition instruments — Framework Decision 2008/909/JHA, Convention CETS 112, and the European Supervision Order (2009/829/JHA) — were designed for prison sentences, not for open-ended psychiatric detention. The result is a structural incompatibility: the detaining country cannot release the patient without a receiving country guaranteeing equivalent clinical supervision, and the receiving country has no legal basis to enforce foreign psychiatric orders.

The gap is not political. It is structural, legal, and procedural — and it has never been formally addressed at the EU level. NOWY JA Foundation works to close it through legal advocacy, bilateral cooperation, and practical transfer coordination.

Gap 01
No Legal Instrument
EU mutual recognition frameworks cover prison sentences, not indefinite forensic psychiatric detention orders.
Gap 02
No Procedural Model
No bilateral or multilateral MoU template exists for forensic psychiatric transfer between EU member states.
Gap 03
No Clinical Infrastructure
Receiving countries lack certified institutions capable of maintaining the clinical supervision standards required by detaining courts.
Foundation
NOWY JA
Centre for Forensic Psychiatric Transfer Coordination and Research on the Implementation of Mutual Recognition Instruments
Established
May 2024 · KRS (National Court Register)
Coordinator
Rafał Szuwara
Registered office
Masovian Voivodeship, Poland
Focus countries
Netherlands, Poland, Norway, Belgium, and broader EU
Our Work

Three areas of activity, one integrated mission

NOWY JA Foundation is an R&D centre in the field of cross-border criminal law and forensic psychiatry. We design and implement the clinical-rehabilitative logic that enables the transfer of patient supervision while maintaining full public safety. We continuously monitor and analyse legal procedures, encoding new standards of international cooperation that are scalable to other EU member states.

Legal Gap
No EU instrument for forensic psychiatric transfer
→
Bilateral Model
First operational bilateral transfer procedure
→
EU Standard
Replicable model for other EU country pairs
Area 01
⚖
Legal Framework Development
PolicyLawAdvocacy
Relevant to
Ministry of Justice
EU Justice Funders
Academic Partners

We identify structural legal gaps in EU mutual recognition instruments and develop the bilateral agreements, procedural templates, and policy proposals needed to close them. We have developed and implemented the first operational bilateral framework for forensic psychiatric transfer in EU history — and are now working to replicate this model with other European countries.

—Drafting bilateral Memoranda of Understanding between EU Ministries of Justice
—Legal analysis of the forensic psychiatric transfer gap under EU law
—Advocacy with national ministries and EU institutions
—Development of replicable procedural templates for other EU country pairs
—Submission of best practices to EU policy bodies
Legal reformCross-border judicial cooperation
Area 02
⇄
Transfer Coordination
ClinicalJudicialOperational
Relevant to
Dutch TBS Clinics
Ministry of Justice NL
Clinical Partners

We coordinate the full process of conditional forensic psychiatric transfer — from clinical pre-assessment and court applications to ongoing monitoring and risk management. Our procedure operates under Dutch law through the conditional suspension of the TBS measure, with continued Dutch judicial oversight.

—Clinical audit and pre-transfer assessment in the patient's native language
—Preparation of individualised Adaptive Treatment and Rehabilitation Plans
—Coordination of conditional TBS suspension with Dutch courts
—Regular clinical and toxicological reporting to Dutch judicial authorities
—Risk management with European Arrest Warrant as enforcement backstop
Forensic psychiatryJudicial cooperationRisk management
Area 03
⌂
Social Reintegration Services
HousingAssistanceCounselling
Relevant to
Local Government
Social Services
EU Social Funders

We provide community-based social services in the Masovian Voivodeship for persons with mental disorders leaving institutional care — including those returning from foreign forensic psychiatric facilities. Our services ensure clinical continuity, social stability, and gradual independence.

—Supported housing — adapted places in the Masovian region
—Personal assistance — gradually reduced as independence grows
—Specialist psychiatric and psychological counselling
—Vocational activation, budgeting training, household management skills
—Post-penitentiary assistance and community reintegration support
DeinstitutionalisationPost-penitentiary assistanceCommunity mental health
Scale of the Problem

Hundreds of EU citizens trapped in a legal no-man's land

European court building

The TBS System — A Case Study

The Dutch terbeschikkingstelling (TBS) is an indefinite court-ordered treatment measure imposed on individuals convicted of serious violent offences who are deemed to pose a continuing danger to public safety. It is not a prison sentence — it is a psychiatric detention order, renewable every one or two years by the court.

“For Polish nationals in TBS, the language barrier alone is a clinical obstacle. Accurate psychiatric diagnosis, risk assessment (HCR-20v3, SAPROF), and therapeutic progress all require fluency in the patient's native language.”
450+
Polish nationals in forensic psychiatric systems across 6 European countries
1,668
Patients in 11 TBS clinics in the Netherlands alone (2024)
8.4 yrs
Average duration of a TBS measure in the Netherlands (2024)
0
Formal forensic psychiatric transfers between EU member states in history
Countries with Polish nationals in forensic psychiatric systems
CountryLegal InstrumentTotal Patients
NetherlandsTBS (terbeschikkingstelling)1,668
GermanyMaßregelvollzug13,000+
BelgiumInternering4,036
NorwayForvaring / særreaksjon156
SwedenRättspsykiatrisk vård~1,500
DenmarkDom til behandlingn/a
Polish nationals represent a significant share of foreign patients in each system. Equivalent legal vacuums exist in all six countries.
The Transfer Solution

The Bridge Model — Three phases from forensic facility to community

The transfer procedure is operational and delivering results. Several patients have been successfully transferred under this model. The procedure operates through the conditional suspension of the forensic measure under the detaining country's law, with full judicial oversight maintained throughout — and the European Supervision Order (ESO) enabling the final transfer of monitoring to the home country authorities.

The Legal Foundation

Two legal instruments make the transfer possible

Conditional Suspension (Detaining Country)
Conditional Suspension of Forensic Measure
The detaining court grants conditional suspension of the forensic measure — not its termination. The patient is released to supervised conditions in the home country while the order remains fully active and enforceable. The detaining court retains full jurisdiction and receives monthly reports from NOWY JA.
FD 2009/829/JHA (EU)
European Supervision Order (ESO)
The European Supervision Order enables the formal transfer of monitoring obligations from the detaining court to the judicial authorities of the home country. This is the instrument that closes the legal loop — allowing long-term supervision without permanent involvement of the detaining court, and making the model replicable across other EU country pairs.
Phase 1
Clinical Audit
Pre-Transfer Assessment & Diagnosis
3–6 monthsHCR-20v3 · SAPROF

The process begins in the detaining country, inside the forensic psychiatric facility. A Polish-speaking psychiatrist and coordinator conduct a comprehensive clinical assessment of the patient in their native language — a prerequisite for valid forensic psychiatric evaluation.

—Full psychiatric and psychological assessment in the patient’s native language
—Standardised risk assessment using HCR-20v3 and SAPROF instruments
—Review of complete clinical documentation and court records
—Preparation of the Adaptive Treatment and Rehabilitation Plan (ATRP)
—Identification of suitable receiving institution in the home country (closed psychiatric ward)
—Application to the detaining court for conditional suspension of the forensic measure

The transfer always begins in a closed psychiatric hospital in the receiving country — not in community housing. The first stage is inpatient, ensuring full clinical continuity from day one.

Phase 2
CART — Conditional Transfer
Conditional Suspension & Supervised Transfer
12–24 monthsConditional Suspension · Detaining Court

The detaining court grants conditional suspension of the forensic measure — not its termination. The patient is transferred to the home country under strict conditions, with the detaining court retaining full jurisdiction and NOWY JA reporting monthly.

—Stage I (Month 1): Inpatient admission to a closed psychiatric hospital. Intensive diagnostics, pharmacotherapy optimisation, full psychiatric workup.
—Stage II (Months 2–4): Continued inpatient treatment. Gradual reduction of restrictions, social competence development.
—Stage III (Month 5): Transition to supervised community housing. Daily supervisor contact, administrative and social integration.
—Stage IV (Months 6–12): Gradual reduction of supervision intensity. Vocational activation, independent housing, continued psychiatric and psychotherapeutic care.
—Monthly clinical and toxicological reporting to the detaining court and judicial authorities
—Ongoing coordination between NOWY JA, the detaining clinic, and the relevant justice authority

Jurisdiction of the detaining country is fully maintained throughout. The forensic measure remains active and enforceable. NOWY JA acts as the operational link between the receiving clinical team and the detaining judicial system.

Phase 3
ENN — European Supervision Order
Judicial Supervision Transfer via ESO
OngoingFD 2009/829/JHA · ESO

In the final phase, judicial supervision is formally transferred from the detaining court to the authorities of the home country using the European Supervision Order (ESO) — Framework Decision 2009/829/JHA. This is the legal instrument that makes the model fully replicable across EU member states.

—Formal application for European Supervision Order (ESO) to the home country courts
—Transfer of monitoring obligations from the detaining to the home country judicial authorities
—Continued psychiatric and psychotherapeutic care under the home country public health system
—Transition to standard community mental health services
—Personal Relapse Prevention Plan — individualised warning signs and crisis protocol
—Case documentation submitted as EU best practice model

The ESO (European Supervision Order) is the critical legal instrument that enables long-term supervision without maintaining permanent involvement of the detaining court. It is the key to making this model scalable across other EU country pairs.

Risk Management Protocol

Three-level crisis response — from clinical intervention to European Arrest Warrant

Level 1
Therapeutic Intervention
Trigger
Warning signs: increased suspicion, social withdrawal, medication non-compliance, alcohol signals
Response
Increased contact frequency with clinical team, intensified observation, immediate supervisor response within 24 hours. Pharmacotherapy review. No judicial action required.
Level 2
ESO Escalation
Trigger
Clinical deterioration: psychotic decompensation, verbal aggression, confirmed alcohol use, breakdown of therapeutic cooperation
Response
Immediate psychiatric consultation. Consideration of compulsory rehospitalisation. Notification to the detaining court and justice authority. ESO supervision conditions reviewed and tightened. Detaining court may revoke conditional suspension.
Level 3
European Arrest Warrant (EAW)
Trigger
Escape from supervision, serious violation of conditions, or imminent public safety risk
Response
Immediate notification to home country Police and detaining country authorities. Entry into Schengen Information System (SIS). Automatic Interpol notification via National Interpol Bureau. Detaining court issues European Arrest Warrant. Extradition and return to detaining country within 10 days.
Digital Infrastructure

International Online Telediagnostic Platform

NOWY JA Foundation has developed a secure online platform for remote psychiatric assessment and clinical coordination across borders. It is designed for any institution — prison, hospital, court, or social service — that works with Polish-speaking patients or detainees who lack access to native-language clinical care in a foreign country.

The Problem It Solves

Thousands of Polish citizens are held in foreign prisons, forensic psychiatric facilities, and detention centres across Europe. Many have no access to psychiatric care in their native language, making valid clinical assessment and judicial oversight nearly impossible. Language barriers lead to misdiagnosis, prolonged detention, and inadequate treatment. The platform bridges this gap by enabling qualified Polish-speaking specialists to conduct assessments, exchange documentation, and report to judicial authorities — entirely remotely and securely.

🖥
Remote Psychiatric Assessment

Secure video-based psychiatric and psychological evaluation conducted in the patient's native language, eliminating the need for physical presence of a specialist.

📋
Standardised Diagnostic Tools

Integrated HCR-20v3 and SAPROF risk assessment instruments, adapted for cross-border use and available in multiple languages.

🔒
Secure Documentation Exchange

Encrypted transfer of clinical records, court documentation, and treatment plans between institutions in different jurisdictions — GDPR compliant.

📊
Reporting & Monitoring

Structured clinical and toxicological reporting templates for regular submission to judicial authorities, public prosecutors, and oversight bodies.

🌐
Multi-Jurisdiction Support

Designed for use across EU member states, with support for the legal and procedural requirements of multiple judicial systems.

🗣
Language & Cultural Mediation

Specialist interpretation and cultural mediation services integrated into the platform — ensuring accurate clinical communication across language barriers.

Who can use it
Prisons & Detention Facilities
Remote psychiatric assessment and monitoring for Polish-speaking detainees in foreign prisons who lack access to native-language clinical care.
Forensic Psychiatric Hospitals
Cross-border clinical consultation and documentation exchange for patients subject to forensic measures in foreign jurisdictions.
Courts & Judicial Authorities
Structured reporting and documentation tools enabling judicial oversight of patients transferred under conditional supervision orders.
Social Services & Reintegration Programmes
Coordination tools for social workers, housing providers, and community mental health services supporting reintegrated patients.

Interested in using the platform or integrating it into your institution's workflow?

Enquire About the Platform
Research & Knowledge

An unexplored field at the intersection of law, psychiatry, and EU policy

The forensic psychiatric transfer gap is not only a practical problem — it is a significant gap in academic and policy literature. NOWY JA Foundation invites academic institutions to engage with this underresearched field. We are open to research dialogue and welcome contact from scholars, legal experts, and policy researchers interested in exploring these questions.

Four unexplored research gaps

01
Comparative legal analysis
No systematic comparative study exists of forensic psychiatric transfer mechanisms across EU member states. The legal instruments, procedural requirements, and enforcement mechanisms differ significantly and have never been mapped.
02
Clinical outcomes of cross-border transfer
No empirical data exists on the clinical outcomes of forensic psychiatric patients transferred across EU borders. The NL–PL model provides the first dataset for such a study.
03
Language barriers in forensic psychiatry
The impact of language barriers on the validity of forensic psychiatric risk assessments (HCR-20v3, SAPROF) has not been studied in the cross-border context.
04
EU policy gap analysis
The specific gap between EU mutual recognition instruments and forensic psychiatric detention orders has not been formally documented in peer-reviewed literature.
Invitation to Collaborate

Invitation to Research Collaboration

NOWY JA Foundation has practical operational experience and case data from the NL–PL transfer procedure. We are conducting ongoing research on forensic psychiatric transfer and invite academic institutions to explore this underresearched field with us. We welcome dialogue with researchers, legal scholars, and policy experts interested in the intersection of EU mutual recognition law and forensic psychiatry.

What we bring to the collaboration
—Practical experience from the operational NL–PL transfer procedure
—Network of Dutch and Polish forensic psychiatric experts
—Knowledge of the legal and procedural framework across both jurisdictions
—Contacts in relevant policy and institutional networks
Potential research areas
—Comparative analysis of forensic psychiatric transfer frameworks across EU member states
—Clinical outcomes study: NL–PL transfer cohort (2024–2026)
—Legal analysis: the applicability of Framework Decision 2008/909/JHA to forensic psychiatric orders
—Policy paper: recommendations for a EU-level instrument on forensic psychiatric transfer
—Methodology paper: cross-border application of HCR-20v3 and SAPROF risk assessment tools
Cooperation

Institutional cooperation in the Netherlands

The transfer procedure is implemented in cooperation with Dutch judicial and clinical institutions. We are also in dialogue with institutions in other European countries regarding the replication of the model.

🇳🇱
Ministry of Justice and Security
Netherlands

Central government authority responsible for the legal framework governing TBS measures and international judicial cooperation.

🇳🇱
Custodial Institutions Agency (DJI)
Netherlands

Executive agency of the Ministry of Justice and Security, responsible for the management of TBS clinics and the operational oversight of forensic psychiatric patients.

🇳🇱
FPC Veldzicht
Netherlands

Forensic Psychiatric Centre specialising in patients with cross-cultural backgrounds and language barriers. Clinical partner in the transfer procedure.

🇳🇱
FPC Mesdag
Netherlands

Forensic Psychiatric Centre in Groningen. Participates in the clinical audit and pre-transfer assessment process.

Legal Instruments Underpinning the Model
FD 2008/909/JHA
Mutual Recognition of Sentences
EU Framework Decision on the application of the principle of mutual recognition to judgments in criminal matters.
CETS 112
Transfer of Sentenced Persons
Council of Europe Convention providing the basis for transfer of sentenced persons between member states.
FD 2009/829/JHA
European Supervision Order
Framework Decision enabling the transfer of supervision measures between EU member states — legal foundation for Phase 3.
EAW
European Arrest Warrant
Judicial cooperation instrument enabling rapid extradition between EU member states — the enforcement backstop of the risk management protocol.
International Dialogue

The Bridge Model developed with the Netherlands demonstrates that cross-border forensic psychiatric transfer is legally and operationally feasible within the existing EU legal framework. NOWY JA Foundation is in active dialogue with institutions in other European countries — including Norway and Belgium — regarding the replication of this model for other country pairs facing the same legal gap.

Contact

Institutional cooperation enquiries

NOWY JA Foundation welcomes cooperation with ministries, academic institutions, local government, and grant bodies. Select the relevant area below to pre-fill the enquiry form, or contact us directly.

⚖
For
Ministry of Justice

We are working on bilateral legal frameworks for forensic psychiatric transfer. We invite the Polish Ministry of Justice to discuss cooperation.

📚
For
Academic Institutions

We have practical operational experience from the NL–PL transfer procedure. We are seeking academic partners for joint research and publication.

⌂
For
Local Government

We provide supported housing and social reintegration services in the Masovian Voivodeship. We invite cooperation with local government and social services.

◈
For
Grant Institutions

We are seeking EU and national funding for the expansion of our transfer coordination model and social reintegration services to additional EU country pairs.

Enquiry Form

Send us a message

Direct Contact

NOWY JA Foundation

Center for Forensic Psychiatric Transfer Coordination

Websitenowyja.org
LocationRadzanowo, Płock County, Poland
FoundedMay 2024 · KRS
Certified by
Ministry of Justice and Security of the Netherlands (DJI)
Forensic psychiatric transfer supervision operator
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Activity Areas — for Grant Applications
EU Justice
Cross-border judicial cooperation
EU Justice
Legal framework development
Social
Post-penitentiary assistance
Social
Community mental health services
Social
Deinstitutionalisation
Research
Comparative criminal law
Research
Forensic psychiatry methodology
Digital
Telemedicine infrastructure