Correctional institutions
One of the goals of this draft is to increase the accuracy of the measures
imposed. This objective cannot be reached solely by utilising an expert in
clinical psychology in addition to an expert in psychiatry, “if necessary”.
Obtaining expert opinions from clinical psychologists more frequently is also
a demand of the working group. In Switzerland, panels of experts are used to
determine whether or not to commit a person to an institution.
Expert opinions from
different specialised
areas
Therefore, examination by experts in psychiatry and clinical psychology should
be mandatory. Only after an examination and diagnosis by both experts
should the court impose measures. If the experts come to different conclusions,
an additional assessment should be obtained from both specialised areas. The
working group (in its recommendation No. 50) made explicit reference to the
importance and expertise of clinical psychology experts.
Unfortunately, the authors of the draft did not follow the recommendation
(No. 4 lit. c) to prohibit the commitment of juveniles to institutions for an
indefinite period, which could include a life-long commitment.
Too little consideration
given to juveniles
No further details are provided on how to handle juveniles and young adults
who are not placed in Gerasdorf correctional institution. Their placement in
the forensic wards of psychiatric clinics has long been shown to be highly
problematic because the socio-therapeutic needs of young persons are often
not properly met there. They cannot complete their school education or
vocational training in a hospital. Moreover, they are often placed together
with adults.
XX
Mentally ill offenders should only be detained in specially designed therapeutic centres.
XX
The draft of the Detention of Mentally Ill Offenders Act should be revised with respect
to the specific needs of juveniles and the accuracy of the decision to impose preventive
measures.
2.5.2.2 Observations and recommendations regarding facilities for the
detention of mentally ill offenders
In addition to the considerations relating to the reorganisation of facilities for
the detention of mentally ill offenders which were discussed above, the NPM
also dealt with the living conditions of persons who are held in facilities for the
detention of mentally ill offenders in the year under review.
As of 1 January 2018, 878 persons were being held in facilities for the detention
of mentally ill offenders, of which 497 persons were being not accountable for
their actions and therefore held pursuant to Section 21 (1) of the Austrian
Criminal Code (Strafgesetzbuch). The rest was held pursuant to Section 21 (2)
of the Austrian Criminal Code (i.e. because they were accountable for their
High occupancy
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