Justice - Hope for relief in the overcrowded penal institution
Despite the opening of the Fauler Pelz rehab center in Heidelberg, there are still not enough therapy places in the southwest to prevent the premature release of offenders suffering from alcoholism and drug addiction. According to the Ministry of Social Affairs, there were 71 people in so-called organizational detention in a correctional facility at the end of October. This included 66 with an expected waiting time of more than three months for a place in a treatment-focused prison.
If the period of organizational detention is disproportionate, those affected can be released even if they have not yet served their sentence. This often happens after three months.
"Compared to September, the situation has improved," said Manne Lucha (Greens). At that time, there were still 92 organizational prisoners, 90 of whom were expected to be held for a longer period. So far this year, 26 people have been released before the end of their sentences.
According to the Ministry of Justice, courts had declared the further execution of organizational detention inadmissible in eleven cases. Public prosecutors also ordered the release of 15 cases in the current year. Six prisoners were released early in 2020 and 32 in 2021.
The Fauler Pelz interim solution has 80 places, 43 of which are still free - fewer than required, which is why these alone cannot cover the necessary space requirements. At the end of September, 1512 inmates were housed in the prison. Several hundred places are to be created by 2027, including at new locations in Schwäbisch Hall and Winnenden (Rems-Murr district).
The FDP in the state parliament holds the minister responsible for the premature releases. "Lucha waited too long, which meant that, unlike other federal states, we had to carry out releases," said Liberal healthcare expert Jochen Haußmann. An easing of the situation is not to be expected before 2025, as there is no alternative to lazy fur.
The Ministry of Justice pointed out that on October 1 of this year, a reform of Section 64 of the German Criminal Code (StGB) came into force, which makes access to the prison system more difficult. Previously, courts were able to commit offenders to rehab facilities such as Faulen Pelz if a mere "tendency" to excessive consumption of alcohol or other intoxicants was established. Now, the "tendency" requires a specific "substance use disorder" that has had a lasting and serious impact on the subject's lifestyle, health, work and performance and was predominantly the cause of the offense.
Like the ministry, the Baden-Württemberg Judges' Association (DRB BW) assumes that the organizational detention figures will continue to fall once the reform comes into force. "The previous version of Section 64 StGB was actually too broad," said DRB state head Wulf Schindler. "In many cases, it led to offenders who were actually unwilling or unable to undergo therapy being placed in detention facilities instead of in prison." As a result, places were taken away from those capable of therapy.
According to Schindler, some defendants attempted to give the impression of being heavily addicted to alcohol and willing to undergo therapy during the trial. Critics of previous practice had criticized the Federal Court of Justice's broad interpretation of the term "addiction". The lower courts largely followed this in order to avoid the risk of having their judgments set aside and proceedings referred back to them.
In addition, the reform introduces stricter criteria for reviewing parole after two-thirds of the sentence has been served, both for prisoners and for prisoners serving a custodial sentence - and not after half the sentence, as was previously the case for prisoners serving a custodial sentence.
Info on the lazy fur
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Source: www.stern.de
