Correctional institutions
The NPM therefore recommended maintaining medical histories centrally so
that all specialist services have access to all information on the detainees at all
times. In addition, sufficient memory shall be provided for the documentation
so that the statements of opinion from the psychological service in particular
do not have to be stored on external data carriers.
The Federal Ministry of Constitutional Affairs, Reforms, Deregulation and
Justice followed this recommendation and established a working group to
address the question of how to set up repositories and access rights (for all
specialist services) in the Electronic Patient Record Module or on secure drives
while observing special professional confidentiality obligations, thus enabling
all specialist services to access information.
Nationwide regulation
The working group was able to agree on a uniform drive. Personal data,
which cannot be saved in the Electronic Patient Record Module for technical
reasons, shall be stored in this structure. The drives guarantee data security.
The management of the institution grants access rights to the respective drives
such that multi-professionalism can be taken account of in the interest of the
prison administration and the employees have all of the information at their
disposal that is required for fulfilling their tasks properly. The transfer deadline
to the relevant drives expired in mid-April 2019.
Uniform drive
XX
The specialist services shall be granted access rights to the documentation in order to
facilitate adequate treatment and care. To this end, the technical conditions shall be
created while maintaining data security.
Quality criteria for psychotherapists
On a positive note, the prison administration provides sufficient funding for
external psychotherapy for mentally ill offenders in detention at Graz-Karlau
correction institution.
Graz-Karlau correctional
institution
However, the fact that not only psychotherapists with specific forensic
qualifications are deployed in detention for mentally ill offenders is seen as
critical. A regulation that applies nationwide for the quality and recruitment
of psychotherapists who work for the judiciary (in particular in the detention
of mentally ill offenders) should be specified.
No selection criteria
With regard to the therapy programme, the NPM missed a clear allocation
based on the indication of specific disorders. There is no differentiation by
schools of psychotherapy. In the sense of the “customisation options” (Federal
Constitutional Court 2 BvR 2356/09 = EuGRZ 2011 – European Basic Rights
Magazine, pp. 297 et seq.), the formulation of a written regulation was thus
recommended for determining which therapist with which qualifications
should be deployed for which types of detainee disorder.
Working group set up
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