Correctional institutions
Moreover, it was worthy of criticism that there were no standards of care and
no criteria for classifying inmates who are not suited for imprisonment with
the general population due to psychological ideosyncrasies.
Standards must be
created
Therefore, the NPM recommended that these persons receive particularly
intensive and specialised care and therapy. National standards must be
established for the care of inmates who suffer from mental impairment.
Moreover, classification criteria must be developed. Likewise, it was
recommended that consideration be given to how and where to best house
such inmates who need intensive care.
Supervisory review
initiated
The NPM’s criticism led to a supervisory review of the living conditions of
these inmates. A working group for this purpose was established at the Federal
Ministry.
This working group developed care guidelines for prison inmates who are not
suited for housing with the general prison population due to psychological
idiosyncrasies. This was in line with the NPM’s recommendation to establish
standards for the treatment and care of these inmates. In addition, criteria
were defined as guidelines for the classification of these persons.
In the future, the correctional institution should document special treatment
and care requirements and the reasons for initiating, maintaining and
terminating this form of detention.
Accurate detection
De facto, the review of living conditions led to a significant reduction in
the number of prison inmates held in accordance with Section 129 of the
Penitentiary System Act nationwide. By mid-2017, it was fewer than ten
persons.
The term „psychological
idiosyncrasy“ is not
precisely defined
The NPM also pointed out that the term “psychological idiosyncrasy”
(“psychische Besonderheit”) used in Section 129 of the Penitentiary System
Act is imprecise. This vagueness raises constitutional law concerns.
The Federal Ministry promised that the working group would evaluate the
statutory provision. There were still no results at the time of completing this
report.
XX
Prison inmates with mental idiosyncrasies who are unsuited for housing with the
general prison population must receive adequate specialised care and therapy.
XX
Prison inmates with psychological idiosyncrasies who are unsuited for housing with the
general prison population must be separated from the other prison inmates.
XX
Standards for care and treatment of these prison inmates must be established along with
criteria providing guidance for their classification.
116
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents