Education and training in Austrian prisons

Under section 47 StVG the work obligation under section 44 StVG can be replaced or supplemented by school or vocational training where this is compatible with the purpose of imprisonment and the facility management consents. Training should contribute to rehabilitation and improve employability after release. Nationally recognised qualifications are preferred.

What to do now: First, set out your educational level and professional goals in writing and propose a specific training path. Second, submit an application for admission to training citing section 47 StVG to the facility management. Third, find out whether the desired training is offered within the facility or through external cooperation.

Participation in external courses or a distance learning programme is in principle possible in prison. It requires the consent of the facility management and compatibility with the prison management plan. Distance learning is often easier to approve since no physical departure is required. Costs for external courses are as a rule borne by the prisoner.

What to do now: First, choose a specific course or programme and submit the course materials to the facility. Second, file an application for approval of participation citing section 47 StVG and the rehabilitative purpose of imprisonment. Third, clarify financing from personal means, relatives or grants.

Prisoners without a compulsory school certificate are to be given the opportunity to complete the missing basic education under the rules of the StVG. The compulsory school certificate is a prerequisite for further training and substantially improves prospects after release. The facility must offer appropriate courses or enable external participation.

What to do now: First, ask the facility management what education programmes are offered internally. Second, apply for admission to a compulsory schooling course and state any missing certificates. Third, if the facility has no such programme propose an external course or distance learning option.

Where the facility management refuses an application for education, that decision can be challenged by appeal. The competent body is the superior prison authority. The appeal must be lodged in writing and must be reasoned. In addition the Volksanwaltschaft can be notified where there is no factual basis for the refusal or where basic education is denied.

What to do now: First, request the written grounds of refusal from the facility and examine them. Second, lodge the appeal in writing with the competent prison authority, highlighting the reference to section 47 StVG and the rehabilitative purpose. Third, involve counsel where there is a systematic denial of access to education.