Institution Advisory Board

from Wikipedia, the free encyclopedia

A prison advisory board is a body according to §§ 162 ff. Prison Act at a correctional facility (JVA), in which citizens on a voluntary basis as an institutionalized public perform the tasks according to the law. The committee is therefore also called "Advisory Board at JVA Name ". The persons appointed to an advisory board are "members of the institution / advisory board at JVA Name ".

Status and tasks

Equipped with the status of independence and extensive powers (including unrestricted access rights, § 164 StVollzG), the advisory boards exercise their control function in helping to shape the execution and in looking after the prisoners . A level summarizing or overarching the local advisory boards is only known in Berlin .

In addition to the prison management, the representatives of the supervisory authority during their visits, the prison chaplains and the prison officers, they are parallel and independent contact persons for the prisoners and employees ( Section 164 (1) StVollzG). In addition, controls are carried out by experts from the “National Agency for the Prevention of Torture”.

The advisory board can have the prison manager and staff present it at its meetings. He supports the prisoners until they are released.

Due to these circumstances, the "members of the institution's advisory councils ... are jointly responsible for the conditions in the institution with which they are appointed."

You are not responsible for prisoners in indefinite detention .

Appointment and term of office

The appointment of the members of an institution's advisory board is regulated differently in the federal states: It is done partly by the Ministry of Justice of the respective federal state , partly by the judicial administrations or heads of the prison facilities. In most cases, the names in the lists of proposals are followed by the city ​​council or district council groups . In Saxony, the parliamentary groups put two members on each advisory board. Law enforcement officers are not allowed to be members of an advisory board. In individual federal states, additional requirements apply, such as the exclusion of lawyers or "should" membership of MdL .

The terms of office are 3 or 4 years depending on the federal state, or (as in North Rhine-Westphalia) they are variable with the legislative period of the state parliament.

The legal basis for the institute's advisory councils can be found in Sections 162 to 165 of the StVollzG, as well as in the respective federal penal enforcement laws and federal administrative regulations .

Working method

The advisory board is chaired by the elected chair. As a rule, monthly meetings are held to deal with input, suggestions and findings. The prisoners' entries reach the advisory board by post within the prison or through their own mailbox system. The advisory board decides on the presence of the prison management and other employees. Meeting minutes are common.

Important framework conditions are the maintenance of contacts with prisoners' representatives, the staff council, the social service and pastors as well as information visits in all areas of the institution.

The information of the public is u. a. guaranteed by press conferences.

criticism

The effectiveness, independence and rights of advisory boards suffer in different ways in practice

  • the appointment by the institution's management, who should advise and control them (see above: NRW),
  • questionable interpretation of the guidelines by the volunteer members,
  • Restriction of legal rights at the administrative level,
  • Failure to provide information and / or assignment by the "sending" elected body,
  • Disregard of the requirements for membership of MdL,
  • a lack of precise handouts and / or practical instructions for the volunteers,
  • Inadequate support and quality assurance of the work of the advisory board,
  • Lack of summary and analysis of the findings and recommendations of the local advisory councils at a higher level by representatives of the public or
  • Missing regulations for the interaction with judicial and prison officers,
  • "Coffee rounds" with the prison management,
  • Management of the meetings by the prison manager, implementation in the office of the prison management, minutes of the advisory board meetings and invitation to advisory board meetings by the prison management.
  • Designation as "Advisory Board in the JVA ..." or "Institution / Advisory Board of the JVA ..." instead of "Institution / Advisory Board at the JVA ...",
  • Suggestion that the members of the advisory board are employees under the management of the prison.

In his 2011 activity report, the prison officer in North Rhine-Westphalia clearly demonstrates numerous opportunities for improvement, including the lack of transparency in the process of recruiting advisory board members. So he describes u. a. the procedure as "in need of review", especially since he sees the risk that advisory board members who tend to "subsequent good behavior" due to the selection process cannot fulfill their "critical function". He shows the exchange of experiences among the advisory councils and corresponding messages to the ministry as being in need of improvement, as well as the fact that the relationship structures among the advisory councils should be considerably expanded and deepened. However, he does not go into the possibility of an institutionalized exchange of experiences with him or reports from the advisory boards to him.

history

The federalism reform of September 2006 made penal legislation a state matter. Until the federal states have their own laws, the federal penal law of 1976 applies.

In England in the 19th century, the first prison councils were formed from members of the county courts and eligible citizens. In 1890 the first prison councils were established in the Grand Duchy of Baden. Prussia set up prison councils in 1919 and Saxony in 1922. In the Weimar Republic , the Prussian regulations were incorporated into the "uniform imperial principles for the execution of prison sentences". Thereafter, persons of trust outside the civil service were appointed to the advisory boards. Under the National Socialists , regulations on advisory boards are no longer included in the service and enforcement regulations of the Prussian judicial administration. Bavaria and Hamburg were the first federal states to set up institutional advisory boards in 1948 and 1949, respectively. In 1967, a Prussian-style prison advisory board was established at the Siegburg JVA in North Rhine-Westphalia, others followed at the Münster and Aachen JVA. With the general decree of the Minister of Justice (AV) NRW of July 22, 1969, the introduction of advisory boards was regulated in all independent prisons.

With the entry into force of the Federal StVollzG, the introduction in all federal states of all prisons became a "target regulation" from 1977, and a binding regulation from January 1, 1980.

literature

  • M. Walter: Prison system. 2nd Edition. Stuttgart 1999, ISBN 3-415-02568-3 .
  • Jutta Gerken: Institutional Advisory Council. Peter Lang Verlag, Frankfurt a. a. 1986, ISBN 3-8204-9324-7 .
  • Karl-Heinrich Schäfer: Institution Advisory Boards - the institutionalized public. CF Müller Verlag, Heidelberg 1987, ISBN 3-8114-5586-9 .
  • The Prison Advisory Boards - The functions and tasks of the Prison Advisory Boards leave questions unanswered. In: the bright spot. Issue 3, 2008, pp. 26-28 and Issue 4, 2008, pp. 6-7.
  • Jutta Gerken: Prison advisory boards - expectations of public participation in the prison system. In: MSchrKrim. 1988, p. 142 ff.

Web links

Berlin Executive Advisory Board

Individual evidence

  1. ↑ see below a. Annual report 2009/2010 of the ombudsman for the penal system in North Rhine-Westphalia, p. 21 Archived copy ( memento of the original dated November 9, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.justizvollzugsbeauftragter.nrw.de
  2. ↑ Berlin Executive Advisory Board ( Memento of the original from January 3, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.berliner-vollzugsbeirat.de
  3. ↑ Code of Prisons in Baden-Württemberg, Section 68, Paragraph 2.
  4. ↑ E.g. Baden-Württemberg: Section 56 of the Code of Prisons in Baden-Württemberg.
  5. ↑ Süddeutsche Zeitung withdrawal in protest , http://jetzt.sueddeutsche.de/texte/verbindungen/554636 , accessed on September 2, 2012
  6. ↑ E.g. North Rhine-Westphalia - Advisory Boards at Prisons, No. 3.1 + 6 + 7.
  7. ↑ Karl Perter Rotthaus / Bernhard Wydra, explanations on § 162ff in the commentary on the StVollzG p. 972, Verlag De Gruyter
  8. ↑ After the incidents in the Siegburg prison, Albert Thüssing, chairman of the advisory board, announced a new stance on the committee: “The loyalty that we have so far had towards the Siegburg prison management no longer works.” And “We probably need one Hit the harder pace. “ Kölnische Rundschau, November 22nd, 2006 http://www.rundschau-online.de/html/artikel/1162484284661.shtml  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective . Please check the link according to the instructions and then remove this notice. Retrieved May 24, 2012@1@ 2Template: Dead Link / www.rundschau-online.de  
  9. ↑ Heribert Prantl People who don't count , Süddeutsche Zeitung of July 13, 2013, p. 5
  10. ↑ North Rhine-Westphalia: By the prison manager, advisory boards at correctional facilities, No. 2 f.
  11. ↑ Advisory boards from the Saxon state parliament: Archive link ( Memento of the original from March 17, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved May 24, 2012 @1@ 2Template: Webachiv / IABot / www.landtag.sachsen.de
  12. ↑ § 162 Abs. 2 StVollzG.
  13. ↑ Baden-Württemberg: - §18 JVollzGB
  14. ↑ Lower Saxony: §186ff NJVollzG
  15. ↑ E.g. S.-H .: The advisory boards elect a chairperson from among their number, hold meetings and discuss their views and suggestions with the institution's management every quarter. They prepare an annual activity report which they send to the Minister of Justice. http://www.schleswig-holstein.de/Justiz/DE/Justizvollzug/JustizvollzugAllgemein/Allgemein/anstaltsbeiraete.html  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Retrieved May 24, 2010@1@ 2Template: Toter Link / www.schleswig-holstein.de  
  16. ↑ NRW: "Prisoner Council" within the framework of prisoner co-responsibility (GMV)
  17. ↑ E.g. North Rhine-Westphalia - Advisory Boards at Prisons, No. 7.1.
  18. ↑ see below a. "Loyalty" in footnote 10.
  19. ↑ E.g. NRW: Restriction of access rights in the service and security regulations for the penal system (No. 16 para. 2 of the AV d. JM of September 22, 2005 (4434 IV.134))
  20. ↑ Walther notes on the tasks of the advisory board that the important control function of such a body is not expressly derived from the provisions of § 163 StVollzG. To this extent, outsiders could get the impression that advisory boards work for the law enforcement agency and less represent the interests of prisoners. Only from the regulations of § 164 StVollzG can it be read off which powers the advisory board can exercise its control function. Members of the advisory councils have the opportunity to inspect the facility to convince themselves of the humane conditions of detention or to make personal contact with prisoners. Since state law mostly specifies the requirements of the Prison Act, it appears necessary that the advisory board members are fully informed about their options. Kathrin Schäfer in "The protection of human rights in the German penal system" diploma thesis, 2008 http://digibib.hs-nb.de/file/dbhsnb_derivate_0000000031/Diplomarbeit_Schaefer_2008.pdf accessed May 24, 2012
  21. ↑ "The contact with the prison councils has a specific meaning for me, because I am convinced that these bodies could be even more effective than before." ( Memento of the original from December 21, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Prof. Walter, Correctional Officer NRW, 2011. @1@ 2Template: Webachiv / IABot / www.justizvollzugsbeauftragter.nrw.de
  22. ↑ There are therefore institutions where during a "coffee hour" there is only a non-binding exchange of views between the director and the advisory board. Karl Peter Rothaus / Bernhard Wydra in a comment on the StVollzG, explanations on § 162ff, p. 971, Verlag De Gruyter
  23. ↑ see footnote 10
  24. ↑ My co-workers and I warmly welcome you ( memento of the original from November 26th, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved May 24, 2012 @1@ 2Template: Webachiv / IABot / www.jva-moers-kapellen.nrw.de
  25. ↑ The advisory boards are to be contacted via the authority management of the Moers-Kapellen prison. ( Memento of the original from October 28, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved May 24, 2012  @1@ 2Template: Webachiv / IABot / www.jva-moers-kapellen.nrw.de
  26. ↑ Activity report of the Prison Commissioner of the State of North Rhine-Westphalia 2011, section: The Prison Advisory Board : Presence, Activities and Selection of Members , pp. 189ff
  27. ↑ Prison laws of the federal states ( Memento of the original from November 27, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved May 24, 2012  @1@ 2Template: Webachiv / IABot / www.dvjj.de
  28. ↑ Advisory boards at prisons , advisory board brochure of the Minister of Justice NRW (PDF; 1.5 MB) accessed May 25, 2012