Correctional institutions XX It must be ensured that companies providing occupational opportunities at correctional institutions keep those continuously open. The inmate employment rate should be increased – either by optimising personnel resources or – if this is not possible – by adding personnel. XX  Work opportunities for detainees awaiting trial must be expanded. 2.5.9.2 Outdoor exercise and alternative opportunities to exercise Vienna-Josefstadt correctional institution Required minimum time not reached Opportunities for outdoor exercise are especially important to the health of persons who have been deprived of their liberty. Legislators have granted inmates a subjective right vis-à-vis public authorities to one hour per day of time spent outdoors (two hours for juveniles), if weather permits and if they do not work outdoors. International guidelines also require an inmate to spend a daily minimum of one hour outdoors. Repeated complaints During a visit to Vienna-Josefstadt correctional institution in January 2017, prisoners repeatedly complained that outdoor exercise lasts for less than the required 60 minutes. Moreover, outdoor exercise is often cancelled when it drizzles, with the justification that this constitutes “bad weather”. The Federal Ministry has assured the NPM that the daily schedule of Vienna-Josefstadt correctional institution includes one hour of time spent outdoors. However, at the same time, it pointed out that compliance with this requirement depends on the cooperation of the inmates. If there is no cooperation, delays are unavoidable. Delays must be taken into account It is understandable that the requirement of daily time spent outdoors presents an organisational challenge in a large facility and that there can be delays. However, the time spent leading inmates to the outdoor area and bringing them back cannot be included in calculating time spent outdoors. The NPM emphasises that it is not sufficient to merely schedule a minimum time spend outdoors. Rather, it must be ensured that inmates actually spend the required minimum period of time outdoors in practice. In addition, the NPM recommends that alternative opportunities to exercise be offered when there is bad weather. XX  The required minimum daily period of outdoor exercise must be provided. This must be a net period available to inmates. The time spent leading inmates to and from the outdoor area may not be included in calculating time spent outdoors. XX  If daily time spent outdoors is cancelled due to bad weather, alternative opportunities for exercise should be offered (e.g. in a gymnasium). 136

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