Sprengel Regulation For The Prison System

Original Language Title: Sprengelverordnung für den Strafvollzug

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124. Regulation of the Minister of justice the competence of institutions for the enforcement of prison sentences and the preventive measures associated with detention of adults and adolescents (Sprengel regulation for correctional services)

On the basis of §§ 8 to 10, 127, 128, and 158 to 161 of the Penal Execution Act, Federal Law Gazette No. 144/1969, idF BGBl I no. 2/2013, as well as the paragraphs 51, 55 para 1 to 3 and 6, 56 and 57 of the Juvenile Court Act 1988, Federal Law Gazette No. 599/1988, idF BGBl. I no. 2/2013 is prescribed:

Scope

§ 1 (1) this regulation contains general rules on the territorial jurisdiction of the institutions for the criminal and enforcement on adults in the following areas of law enforcement in its first section: 1. introduction of the execution of prison sentences, their penalty time (§ 1 Z 5 HCP) exceeds 18 months;

2. enforcement of prison sentences, their penalty time (§ 1 Z 5 HCP) does not exceed 18 months: a) general law enforcement;

b) full on perpetrators of negligence (§ 128 HCP);

c) initial implementation (section 127 HCP);

3. full of convicts and accommodated, who have Lungentuberkolose are;

4. full control with detention of related preventive measures.

(2) the second section of this Regulation applies to the Jugendstraf - and enforcement.

First section

Adult criminal justice

Enforcement of prison sentences, whose Strafzeit 18 months exceeds

§ 2 (1) in which penal institution of enforcement of imprisonment, whose Strafzeit exceeds 18 months, perform on a convicted felon, is on the basis of § 134 HCP by the enforcement Directorate in individual cases arranged.

(2) for the initiation of the execution, the jurisdiction of therein prisons generally is arranged in accordance with the annex to this regulation. The offender is already in judicial custody, the institution where the offender is suspended, is responsible for the introduction.

Enforcement of custodial sentences, which Strafzeit does not exceed 18 months

§ 3 (1) for the introduction and implementation of the General operations of the prisons and the execution of penalties which have been imposed for acts of negligence (§ 128 HCP), at Shawshank Redemption, whose Strafzeit does not exceed 18 months, the jurisdiction of the therein prisons (prison houses of the courts of first instance, branch offices of these detention houses and prisons) is commonly used in accordance with the system to this regulation arranged.

(2) the initial implementation (section 127 HCP) at Shawshank Redemption, whose Strafzeit does not exceed 18 months, is where in accordance with paragraph 1 for the General prison system competent judicial institution to initiate; He is as far as possible in a for this purpose especially furnished prison making a such branch, a judicial detention house or a prison Department.

Full of convicts and accommodated, suffering from pulmonary tuberculosis

§ 4. For the implementation of criminal and measure execution of convicts and accommodated, suffering from tuberculosis, the jurisdiction of the branch of Justice Josefstadt Vienna Wilhelmshöhe General is arranged.

Introduction of the execution, the branch of a judicial detention house is responsible for its implementation

§ 5. The penal system in the Branch Office of a Court House of prisoners according to the articles 3 or 4, of the annex to this regulation carried out the enforcement in that judicial detention house is to initiate, to which the branch belongs.

Full with detention of associated preventive measures

§ 6 (1) for the housing of male accountability incompetent mentally abnormal violators (article 21, paragraph 1 StGB) are the prisons Göllersdorf and the forensic Centre of Asten (branch Asten the Linz prison), for the accommodation of male infirm mentally abnormal violators (§ 21 para 2 StGB) is the Vienna-Mittersteig prison and for the accommodation of needy cessation violators (section 22 StGB) the Justice Institute Vienna-Favoriten established for drug and alcohol offenders.

(2) the accommodation of female mentally mentally abnormal violators (§ 21 ABS. 2 StGB) is furnished for that purpose special Department of the Schwarzau prison to.

(3) whether the measure preventive enforcement of one of the mentioned or an other associated with detention in an institution especially established pursuant to paragraph 1, in a special section of a general institution for the enforcement of prison sentences (section 8 subsection 2 HCP) or in a public hospital for Psychiatry (article 158 para 4 HCP) making is, in all cases, except paragraph 2, on the basis of § 161 HCP arranged by the Directorate of enforcement in individual cases.

Second section

Juvenile justice

Prison in male adolescents

Imprisonment, whose Strafzeit six months exceeds, are § 7 (1) to understand Gerasdorf male adolescents in the prison for young people.

(2) the enforcement Directorate has to determine a different institution to the full if thereby the tasks of youth operations for prisons (article 53 of the Juvenile Court Act 1988) in particular because of the local location of the Institute in the vicinity of the usual social close-focus distance of the adolescent or due to better training and work opportunities can be perceived better.

§ Are 8 prison sentences, which Strafzeit does not exceed six months, to male adolescents in the pursuant to § 9 para to 3 and 4 HCP for adults competent prison houses of the courts.

Penal system in female adolescents

Imprisonment, whose Strafzeit six months exceeds, are § 9 (1) female teenagers in the Youth Department of the Schwarzau prison to understand.

(2) the enforcement Directorate has to determine a different institution to the full if the requirements referred to in § 7 par. 2.

§ Are 10 sentences, whose Strafzeit does not exceed six months, to female adolescents in the § 9 para 3 and that, as far as the penalty of three months exceeds, replaces 4 HCP for adults competent prison houses of the courts with the proviso, to all detention houses in the traineeship Vienna the Youth Department of the Schwarzau prison.

Full with detention of associated preventive measures

§ 11 (1) accommodation in a facility for mentally abnormal offenders according to § 21 para 2 is StGB on male adolescents in the prison for youthful Gerasdorf, female adolescents in the Youth Department of the Schwarzau prison to understand.

(2) the accommodation in an institution for cessation needy offenders pursuant to § 22 is StGB male adolescents in the prison of Vienna-Favoriten, female adolescents in the Youth Department of the Schwarzau prison to understand.

(3) the enforcement Directorate has to arrange the authority of other than the authority competent under paragraph 1 or 2, if thereby the tasks of the measure execution in particular due to the treatment options, because of the local location of the Institute in the vicinity of the usual social close-focus distance of the adolescent or due to better training and work opportunities can be perceived better.

Adult prisoners and housed, which are under the Jugendstraf - or enforcement

§ 12. The sections 7 to 11 apply to adult prisoners and housed, which are under the Jugendstraf - or enforcement.

Final provision

13. (1) this regulation with 1 may 2013 enter into force.

(2) with expiration of 30 April 2013 is the substitute regulation for the prison system, Federal Law Gazette II No. 74/1997, amended by regulation Federal Law Gazette II No. 305/1998 override.

Karl