Correctional institutions Most recently, the measures for the penal system were extended until 31 March 2021 (Section 7 Regulation Federal Law Gazette II No. 120/2020 as amended in the Federal Law Gazette II No. 419/2020). An additional toughening of measures (also for life outside closed institutions) was also anticipated due to the increasing lack of beds in hospitals. It is clear that all restrictions shall only be upheld for as long as they are necessary. The legislators and regulators shall – as the Constitutional Court of Austria emphasised in V 411/2020 – substantiate this with relevant numerical data. 2.5.2.10 Preparation for release In the same way as with day release prisoners, detainees who are already on the pre-release programme were affected by the curfew. This begins three to twelve months prior to the planned release depending on the extent of the custodial sentence to be served. During this time, prison inmates “shall be given one or more opportunities for day release of a maximum of three days respectively in Austria plus any required travel” in preparation for life in freedom and to bring their personal affairs into order. Pre-release programme It is true that the correctional institutions made an effort not to release detainees abruptly, as the NPM was assured in Innsbruck. Despite the contact restrictions, the preparatory meetings with the social service were “held normally”. However, the fact of the matter is that the release preparation was reduced to a minimum. It was as difficult to look for work and accommodation, take care of administrative affairs and go to the support facilities as it was to look up private contacts again. The preparatory steps for conditional release from detention of mentally ill offenders were and are not affected by these restrictions. Nevertheless, the NPM became aware of circumstances that result in an extension of detention in a closed institution. Detention of mentally ill offenders For example, the manageress of a follow-up care facility in southern Austria complained that her facility was not running at full occupancy. Whilst there had been a run on places in the previous year, supply had been exceeding demand for some time. The NPM explains that this is attributable to a directive by the Federal Ministry of Justice according to which persons whose placement is interrupted go into quarantine in a single cell if they return to the correctional institution. However, the cramped conditions in most of the institutions make it impossible to place several patients in quarantine at the same time. As a result, the easing of restrictions was reduced or they were not relaxed in the first place. The situation in which patients cannot be taken back into the correctional institution if they display problematic behaviour was to be avoided. 110