National Preventive Mechanism NPM is of the opinion that the meeting with the physician contributed to sensitising her and making her aware of the problem. ¾¾ Anomalies in the prescription of psychiatric drugs can be quickly detected with the aid of the “Medication Management” controlling module. ¾¾ The monthly reports are to be screened for prescription practices. ¾¾ If necessary, the office of the medical superintendent must ask the institution’s physician for clarification. 2.5.8 Lack of ergo therapy for mentally ill offenders – Garsten correctional institution In Garsten, the commission not only addressed the medication issue but also examine the care being offered. The commission found that an expansion of the therapy programme, particularly the introduction of ergo therapy, would be constructive. Inadequate offering In this regard, the management of the facility stated that there was no therapy operation until this year. Moreover, there is no financing for the costs of an ergo therapist. No additional personnel could be hired and, in particular, the budget would not be increased, e.g. for the additional hours for the psychiatric personnel proposed by the commission. Lack of resources The Federal Ministry of Justice stated that the “more than desirable” offering of ergo therapy as a key element of the treatment of mentally ill offenders is not possible due to current budget restrictions. Moreover, the additional care personnel needed could not be hired through the recruitment agency for justice supporting staff. In part, this range of services can be covered by the occupational therapy operation established at the start of the year, which occupies some inmates with handicrafts work. Currently only a handicrafts group The NPM states that this is only a temporary measure, which can cushion the existing deficit but not compensate for it. In particular, it must be ensured that possible therapies are not omitted because they go beyond the institution’s standardised offering in terms of costs and effort. Otherwise, the requirement of individualisation expressed in the Federal Constitutional Court’s decision as at 4 May 2011 (EuGRZ 2011, 297 et seq.) will not be met. Activities do not meet needs ¾¾ The state’s duty of care includes offering the best possible individualised care to the inmate with the aim of reducing their specific risk as quickly as possible. ¾¾ Ergo therapies may not be omitted. 161

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