“Transition management and after-care”.
The NPM’s ongoing collaboration with the working group on
Correctional Practice and its collaboration with the working group on
Policy and Boundary Issues provided it with the opportunity to
contribute a series of legislative proposals, which had been submitted
by the commissions, and bring them up for discussion. These included
the question of whether patient representatives had to be informed if a
person was placed in restraint under Section 21 (1) of the Austrian
Criminal Code as is the case under the Hospitalisation of Mentally Ill
Persons Act (Unterbringungsgesetz). It was suggested that persons
being held in detention are entitled to an effective defence in release
proceedings. Apart from a series of considerations relating to raising
the quality of psychiatric expert opinions, it was also suggested that
persons being held in detention should receive a hearing in a much
shorter time span than is currently the practice.
NPM’s suggestions
included
The leader of the sub-working group on Correctional Practice also
organised two workshops, which included the staff of all institutions
concerned with the detention of mentally ill offenders. A multi-day
symposium (Forensic Science Days held in Stodertal), at which
representatives of the NPM spoke on the relevant observations made
by the commissions also provided ample opportunity to discuss
proposed improvements.
Inclusion of all affected
institutions
The sub-working group on Correctional Practice submitted a 19-page
requirements catalogue to the plenary session which covered almost
all of the items relating to the detention of mentally ill offenders,
starting with the predicate offence and proceeding to quality criteria
for after-care facilities and possible improvements.
Numerous proposals for
improvement
This catalogue of requirements, together with the results from the
other sub-working groups, is now being summarized into an overall
report, which will be submitted to the Federal Minister of Justice after it
has been finalised at the plenary session in early February.
The NPM welcomes the extensive efforts to reform the detention of mentally ill offenders. It
awaits swift legislative implementation of the project report.
It is desirable to combine provisions, which are currently scattered throughout various laws,
into a single law.
Such terms as “mentally disturbed offenders” and “mental abnormality” should be
eliminated and replaced with contemporary, non-discriminatory terms.
2.5.2.3
Healthcare and medical care in prison
Inadequate healthcare can result in situations of inhuman and
degrading treatment. Therefore, in 2014 the NPM again addressed the
question of how to guarantee that medical care for inmates is at the
same level as for persons at liberty. There is a need for professional
oversight of the physicians at penal institutions and institutions for the
90
Importance of quality
assurance
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