Legal Probation after Psychiatric Assessments for Additional Preventative Detention

Since its introduction in 2004, the additional preventative detention ("nachtragliche Sicherungsverwahrung") in Germany has been discussed controversially and emotionally. There are few empirical data about additional preventative detention. We report initial results of a country wide study of the legal probation and danger prognoses of individuals considered to be too dangerous for society but who have served their time in prison. We analyzed expert testimonies from 25 judicial decisions which did not result in additional preventative detention-due to a recent change in the law. It was found that two years after release from prison 28 % of the individuals had committed a serious offense and 38 % had committed a minor offense. About 40 % of the former candidates for additional preventative detention did not reoffend in that time.