Correctional institutions The Federal Ministry of Justice stated that the directly necessary pedagogical measures are set and documented by the department officers. Furthermore, an internal departmental working group has been tasked with creating a criteria catalogue in order to make sanctions transparent and comprehensible. This was due for completion before the summer of 2020 and then to be tested by spring 2021. The NPM is looking forward to conclusive feedback on this topic. X Prisoners shall know which penalty to expect in the event of misconduct. X In order to guarantee consistent penal practice, the creation of a catalogue with criteria or guidelines for comparable infringements with harmonised disciplinary penalties is required. 2.5.8.4 Isolation is not a disciplinary measure - Innsbruck correctional institution A prison inmate failed to return after a furlough. After initiating a search, the police arrested him the following day. He was then isolated from other inmates in Innsbruck correctional institution. Inmate escapes The failure of a prison inmate to return from a furlough constitutes an offence, which means that isolation can be imposed under the conditions set forth in Section 116 (2) of the Penitentiary System Act (Strafvollzugsgesetz). In the opinion of the Federal Ministry of Justice, the isolation in this specific case was required to maintain safety and order and to prevent bad example and negative effects for the other inmates. Isolation is not a penalty Admittedly, the legal literature points out that isolation can be imposed if this measure is necessary to maintain safety and order in the institution because copycat behaviour by other inmates is to be feared. However, the provision set forth in Section 116 (2) of the Penitentiary System Act shall not be interpreted such that isolation is imposed as a purely universal preventive measure, because this would constitute a breach of the presumption of innocence. Rather, isolation shall only be implemented for the purpose of ensuring that a risk to or by other inmates is averted (Section 102 (1)(2) of the Penitentiary System Act). To that effect, the pertinent literature writes that isolation “[is] only the forced separation from other inmates in order not to have a negative effect on them” (Drexler/Weger, Penitentiary System Act, Section 116 margin number 7 with reference to Vienna Higher Regional Court 132 Bs 86/18v). Presumption of innocence as corrective The NPM welcomes the fact that this question will be addressed at the next administrative penalty experts’ conference. 126