Mögliche Auswirkungen der Neuformulierung des Hangs im § 64 StGB auf die Unterbringungsanordnungen – und was die Global Assessment Scale of Functioning hierzu beitragen kann

The legal reform of Section 64 of the German Criminal Code (StGB) changed the criteria for a detention order. In addition to other commitment order criteria, there must be an “addiction” which requires a substance use disorder, “resulting in the occurrence (and continuation) of a permanent and serious impairment of the person’s lifestyle, health, ability to work or to perform”. This concept of propensity in Sect. 64 StGB is a legal term. A possibility for a psychiatric operationalization of this concept of propensity is the global assessment of functioning (GAF) scale. The aim of this study was to categorize correctional patients based on their GAF scores and to examine whether their substance use disorder and the associated functional impairment continue to meet the requirements of the current definition of propensity. A possible change in clientele was to be depicted.

The study examined 222 male patients in a forensic facility. Based on the GAF value, three outcome groups were formed and analyzed using χ² and t‑tests. The results show that based on the GAF value 78.4% of the investigated patients would continue to meet the propensity criterion according to Sect. 64 StGB in the future. In 48 patients (21.6%) no serious limitations in their psychosocial performance due to substance use could be determined. These 48 patients were significantly more likely to be fully criminally responsible, to be detained due to a Controlled Substances Act (BtMG) index offense, to have higher educational qualifications, to more often have a substance use disorder caused by cocaine or cannabis and to have fewer previous criminal records. Based on the results of this study, it can be assumed that the number of commitment orders will decrease by around one fifth.