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Enforcement Of Sentences And Pre-Trial Detention By Electronically Monitored House Arrest (Hausarrestv)

Original Language Title: Vollzug von Strafen und der Untersuchungshaft durch elektronisch überwachten Hausarrest (HausarrestV)

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279. Ordinance of the Federal Minister for Justice on the execution of sentences and the custody of custody by electronically supervised house arrest (HausarrestV)

On the basis of § 156b of the Penal Act, BGBl. No 144/1969, as last amended by the Federal Law BGBl. I No 64/2010, shall be:

Judicial institutions with institutions for electronic supervision

§ 1. As those judicial institutions which have facilities for electronic supervision, the national court detention centres are determined, in Vienna the judicial institution Vienna-Simmering.

Type and performance of the electronically monitored house arrest

§ 2. (1) For the purpose of electronic surveillance of the house arrest, the person to be monitored shall be subject to a transmitter by means of a plastic tape, which they shall be responsible for until dismissal or until a revocation of the electronically monitored house arrest . At the same time, in the accommodation of the person to be monitored, a base station is to be installed which, by means of communication with the transmitter, determines the presence and absence of the person in the monitored area.

(2) The establishment and acceptance of the sender are, if the immediate acceptance is not necessary to avert a serious danger to the life of the monitored person, prison staff or the law enforcement authorities. authorised persons. The same applies to the installation and the dismantling as well as to any change in location of the base station.

(3) Sender and base station are to be protected against tampering. The functional capability of the monitoring system consisting of transmitter and base station is to be checked continuously. The base station has to record the presence and absence information as well as further information regarding the operability of the system and any attempts to manipulate it and to transmit the data to a monitoring center.

(4) The actual information and absence data shall be equal to the periods of time to be passed in the accommodation according to the supervisory profile (§ 4) as well as the periods of absence permitted. The system shall report deviations immediately to the monitoring centre.

(5) The monitoring centre has to examine incoming divergence messages and initiate the necessary further steps.

(6) There is a reasonable suspicion that an electronically monitored person has attempted to withdraw or withdraw from the prison sentence or that there are other circumstances that may result in a revocation of the holding in electronically monitored house arrest. (Section 156c (2) of the StVG), the head of the institution shall be notified immediately.

Organisation of the conditions of the way of life outside the institution

§ 3. The terms and conditions shall contain provisions and provisions relating, in particular, to the following areas of life management:

1.

accommodation;

2.

the time of the mandatory presence in the accommodation, taking into account the necessary travel times;

3.

the nature, place and time of employment, with a total duration of 38.5 hours per week in terms of employment or the sum of the total number of jobs;

4.

the times for obtaining the necessary means of living;

5.

the periods for other recurrent medical, social or therapeutic absences from the electronic surveillance area;

6.

notification and reporting obligations in the event of changed circumstances which may lead to a modification of the supervisory profile;

7.

Duty of co-action on admission, dismissal and control measures;

8.

care measures;

9.

control measures and guarantee of the access to the accommodation at all times;

10.

ensuring that access is available at all times by means of a mobile telephone to be operated by the person being monitored;

11.

particular behavioural obligations, in particular contact prohibitions or prohibitions, to be held in certain places;

12.

Consent of the person being monitored for the automatic processing of the personal data relating to them for the purpose of carrying out the electronically monitored house arrest.

View Profile

§ 4. (1) The supervisory profile determines the specific temporal and local components of the daily routine according to the conditions of the life management (§ 3) and is based on the monitoring centre of the electronic supervision.

(2) The electronically monitored person shall immediately disclose any circumstance that concerns the observance of the supervisory profile, in particular the observance of the times of mandatory presence in the accommodation, or requiring the change of the person's presence. The need for change must be checked by the head of the installation and, if necessary, to be notified to the monitoring centre, which shall carry out the adjustment of the supervisory profile. The electronically monitored person shall be informed of the change made. If circumstances arise which make a non-compliance with the time of mandatory presence in the accommodation which is imminent within the next 24 hours appear unavoidable, the monitored person immediately has contact with the monitoring centre ,

Costs of electronically monitored house arrest

§ 5. (1) The costs of the electronically monitored house arrest shall be fixed at EUR 22 for each calendar day, which shall be served at the time of criminal proceedings, by means of electronically supervised house arrest.

(2) The person to be monitored shall have the authorisation to recover amounts due from an account with a domestic credit institution by means of direct debit (authorisation of confiscation), unless the costs are incurred by the person responsible for the payment of the costs. other ways of ensuring that it is appropriate.

Custody

§ 6. (1) The provisions of § § 1 and 2 (1) to (5) shall also apply to the execution of pre-trial detention by electronically supervised house arrest.

(2) There is a reasonable suspicion that an electronically monitored person has attempted to withdraw or withdraw from the execution of the pre-trial detention or that there are other circumstances that may result in a revocation of the holding in the electronically monitored person. The public prosecutor's office must be informed immediately (Section 173a (4) of the StPO).

entry into force

§ 7. (1) This Regulation shall enter into force on 1 September 2010.

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