this should only be a person of the same gender.
The NPM welcomes the implementation of its recommendation to give the office of the
medical superintendent a statutory basis.
Detention of mentally ill offenders
The Federal Ministry of Justice has announced comprehensive reforms
regarding the detention of mentally ill offenders (see NPM Report
2014,p. 87 et seq.). Many proposals made by the working group
require legislative measures. According to the Federal Ministry of
Justice, a draft of the Detention of Mentally Ill Offenders Act
(Maßnahmenvollzugsgesetz) can be expected in spring 2016.
Law on the detention of
prisoners with mental
health care needs to be
developed
The first organisational measures have already been taken or are
being implemented. Thus, a “competence centre for the detention of
mentally ill offenders” and a “clearing centre for mentally ill offenders”
in accordance with Section 21 (2) of the Austrian Penal Code have
been created in the general directorate for prisons, established within
the Federal Ministry of Justice since 1 July 2015. The competence centre
will coordinate the necessary therapeutic measures for detainees
through a case-management system. Among other things. The
clearing centre will develop a binding care and treatment concept and
assign detainees to a suitable facility.
Competency centre and
clearing centre
established
“Therapeutic centres” will be established over the long term. The
development of the Asten Centre for Forensic Science will commence
in 2016. To quickly improve the detention of mentally ill offenders in
accordance with Section 21 (2) of the Austrian Penal Code, so-called
“departments” were established in the correctional institutions
Garsten, Graz-Karlau and Stein on 1 January 2016 as part of a pilot
project. They report directly to the management of the correctional
institution. An interdisciplinary pool of personnel will ensure continuity
of care.
Development of
therapeutic centres
The visits of the NPM commissions will show whether the intended
improvements in the detention of mentally ill offenders actually
materialise.
Saliva tests to control addictive drugs
In the report of the previous year (see NPM Report 2014, pp. 97 et
seq.), the NPM pointed out that the implementation of controls against
the abuse of addictive drugs and the manner in which they are carried
out through urine tests are particularly sensitive in terms of human
rights (whether done randomly or based on suspicion). Providing a
urine sample while under observation constitutes an interference with
ones right to privacy in itself.
Urine tests are sensitive
from a human rights
perspective
The NPM supports the “saliva test” pilot project ordered by the Federal
Ministry of Justice in the correctional institutions of Vienna-Simmering,
Hirtenberg and Vienna-Favoriten to mitigate the problem. Since taking
“Saliva test” pilot project
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