Correctional institutions XX  Based on the presumption of innocence, detainees held in provisional detention should be separated from court-sentenced prisoners with mental health care needs. XX  The straps on strap beds should always be covered so they are not visible to patients. XX  Until a smoking ban is implemented, smoking rooms should be regularly ventilated. XX  Whether a restriction on visits by minors is necessary should be examined on a case-bycase basis. Legal protection in instances of restraint or isolation – forensic ward at Hall Regional Hospital Presently there is no legal protection that meets the requirements of the Hospitalisation of Mentally Ill Persons Act (Unterbringungsgesetz) for persons held in custody or in facilities for the detention of mentally ill offenders who are restrained or placed in isolation. The Hospitalisation of Mentally Ill Persons Act provides that a person affected by restrictions on his or her freedom should be represented by the patient advocate. During a visit to the forensic ward of Hall Regional Hospital in Tyrol on 19 May 2016, this nationwide deficiency was again evident. Lack of legal protection The Federal Ministry shared these concerns and promised that this deficiency would be eliminated by the Detention of Mentally Ill Offenders Act. This law will provide the same legal protection for persons placed in therapeutic centres as for persons placed in medical facilities. The NPM is generally pleased that patient advocates will also be responsible for prisoners with mental health care needs in the future. However, it is unfortunate that the legal protection provided under the draft of the Detention of Mentally Ill Offenders Act is not as extensive as under the Hospitalisation of Mentally Ill Persons Act. Plans to hire patient advocates Under the draft of the Detention of Mentally Ill Offenders Act, the institutions need not notify the patient advocate of all restrictions. However, the patient advocate can only represent a person and assist him or her in making objections if the patient advocate knows of the restriction. Therefore, legal protection under the Detention of Mentally Ill Offenders Act is illusory in these cases and falls below the legal protection afforded by Section 38a of the Hospitalisation of Mentally Ill Persons Act. In general, the authority of the patient advocate is vague. New threat of unequal treatmant XX  All persons who are restrained or isolated against their will in a public medical facility should have the opportunity to be represented. XX  Detainees in facilities for the detention of mentally ill offenders should have the same legal protection that is provided under the Hospitalisation of Mentally Ill Persons Act. 111

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