Correctional institutions
administration’s follow-up care management need only arrange for a suitable
facility at the time of conditional release. The Federal Ministry informs the
facility operator that the facility bears full responsibility, and the necessary
long-term planning for the transition to freedom is considered to be part of the
follow-up care concept.
In this regard, the NPM states: if conditional release is not revoked, it must be
declared final. This ends any connection with the justice administration that
may still exist. If persons cannot return to an independent lifestyle for reasons
of age or poor health, it is the task of the Laender to offer them appropriate
facilities where they can live and receive a certain level of care.
Laender responsibility
As part of effective interface management, it is the task of the facility in
which the persons live until their conditional release. They need to contact the
operators of social services facilities after obtaining the consent of the persons
in question and facilities should then be proposed to the affected persons
where they can live in the future and receive care.
Offerings for released
persons
XX
2.5.3
The Laender should offer supervised housing to persons who cannot return to an
independent lifestyle due to age or poor health.
Prison inmates with psychological ideosyncrasies
2.5.3.1 Specialised care and therapy - Stein correctional institution;
Garsten correctional institution
During visits to Stein correctional institution in February 2016 and Garsten
correctional institution in June 2015, the NPM found that prison inmates who
were classified as persons with psychological ideosyncrasies were not receiving
adequate specialised care and therapy. Moreover, Stein correctional institution
did not ensure that they were housed separately from other prison inmates.
Blatantly underserved
Prison inmates who are not suited for imprisonment with the general
prison population due to their psychological ideosyncrasies (Section 129 of
the Penitentiary System Act) must receive special therapeutic care for their
condition. In addition, this group has a subjective right to be housed separately
from other prison inmates under public law.
Oberservations made by the NPM revealed a structural problem with respect
to the care and housing of this group. The NPM emphasised that these persons
need intensive care provided by specialised personnel. If they do not receive
this treatment, their health is jeopardised, and therefore their right to health.
Structural weakness
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