INTRODUCTION

An international study on women in the penal system determined a number of issues specific to female prisoners, ranging from their family situation (i.e. motherhood) to issues of mental and physical health, to issues related to the conditions of detention (i.e. detention far from home or detention in predominantly male prisons). The study speaks of “too much security” in female correctional facilities, as female inmates have a considerably lower potential for danger - considering the crimes they committed and their criminal history - than male inmates. This is especially not taken into account in a penal system design that places women in a wing of male correctional facilities. In addition, education and employment opportunities are lacking, as are as recreational offers.

The question of the applicability of these findings to the situation in Austria will be covered below. This can be viewed against the following background. In Austria's penitentiary system, the concept of behavioral rehabilitation during imprisonment was traditionally more of a program than a reality, even before prison overcrowding. This has clearly changed, though, towards providing supervision while sentences are served. Expenses for staff resources for prison security grew, partly on account of higher occupancy rates, partly on account of higher standards and increased security activities. Staff resources for care services diminished, though, at the same time had to be distributed evenly amongst a prison population that has grown by 30% since 2001, to number nearly 9,000 inmates.

There are three different penal measures involving detention: pre-trial detention, imprisonment and post-trial detention measures. These will be examined in sections 1.1-1.3 below.

PRE-TRIAL DETENTION

The Criminal Procedure Act provides for pre-trial detention and governs the justifications for detention, these being the risk of flight by the accused, the risk of interference with witnesses and the risk ofre offending. Because of the legislative presumption of innocence, pre-trial detainees may be subjected only to those restrictions that serve the purposes of detention, or the maintenance of security and order. Interaction with the outside world is in principle controlled by the investigating judge. The form of the detention on the whole is the responsibility of the head of the institution. Pre-trial detainees are not obliged to work, and the legislation puts them in a better position in some respects than ordinary prisoners. Apart from this, the Prison Act is fundamentally also applicable to pre-trial detention.