Relaxations of sentence enforcement.

Relaxations of sentence enforcement (Vollzugslockerungen) cover all measures that permit an inmate to take graduated steps outside the closed institution, from a brief accompanied day leave to daily release on day licence for employment. They serve a double purpose: the preservation of social ties during imprisonment and the structured preparation for release. They are governed by §§ 99 ff. of the Austrian Prison Act (Strafvollzugsgesetz, StVG).

What forms of relaxation exist

The statute recognises four graduated forms which, as a rule, build upon one another.

Accompanied day leave (begleiteter Ausgang): the shortest and lowest-threshold form. The inmate leaves the institution accompanied by a prison guard (Justizwache), for an appointment with the authorities, a medical appointment or an important family occasion. Duration: usually a few hours, rarely a full day.

Unaccompanied day leave (unbegleiteter Ausgang): the inmate leaves the institution alone and returns at a set time. The precondition is a favourable forecast by the prison governor (Anstaltsleitung), the question being: will the person actually return, and will they commit no offences in the meantime? Applications may be made for leave of several hours or for a full day.

Outside employment (Aussenbeschaeftigung): work outside the institution under structured supervision. The inmate pursues regular work during the day, frequently with companies that cooperate with the prison, and returns to the institution in the evening.

Release on day licence (Freigang): the most far-reaching relaxation. The inmate leaves the institution independently during the day, goes to their job (or a training course) and sleeps in the institution at night. Freigang is the immediate step before conditional release (bedingte Entlassung), and, in many cases, its practical precondition.

Requirements

For each level of relaxation the institution examines three points: conduct in custody to date (compliance with prison rules, disciplinary proceedings, conflicts with fellow inmates or staff), the prognosis of social reintegration (Sozialprognose) (family ties, housing situation, employment prospects) and the suitability of the concrete measure (is there a fixed employer for the Freigang? A specific residential address for the day leave?).

A rule of thumb from practice: relaxations are typically realistic once a certain proportion of the sentence has been served, for longer sentences often only after several years, for shorter sentences more quickly. The decisive factor is not a rigid cut-off date but the prognosis: the closer the anticipated release, the more readily relaxations will be granted.

The sentence enforcement plan (Vollzugsplan) plays a central role. It is drawn up by the prison administration together with the prison social service (Sozialdienst) and sets out in writing the intended relaxation steps and their sequence. Anyone who secures the milestones of relaxation in the Vollzugsplan early on holds an instrument that protects individual applications against arbitrary refusal further down the line.

How the application works

The inmate files the application informally with the prison governor, in writing, or orally with the prison social service. The institution then examines it internally, obtains statements from the Justizwache, the Sozialdienst and, where appropriate, a psychologist, and decides. For more substantial relaxations (Freigang, longer outside employment) a Vollzugsplan is additionally drawn up in which the individual steps are scheduled in time.

Legal representation can accompany the process: we assist with the written reasoning, assemble the supporting evidence (written job offer, proof of accommodation, family statements) and discuss the relaxation strategy with the Sozialdienst. Particularly for long sentences it is important to plan the build-up of relaxations early, years before the first possible release date.

If the relaxation is refused

A refusal is open to challenge by complaint under §§ 120 et seq StVG to the enforcement court (Vollzugsgericht) at the competent Regional Court. The deadline is two weeks from service of the decision. The complaint is the place to add fresh facts, attack the institution's reasoning on legal grounds or suggest an alternative, lower level of relaxation if the original application was pitched too high.

Common grounds of refusal, and how they can be countered: a sweeping "negative prognosis" with no concrete anchor points is open to attack because it fails to address the individual situation. A reference to earlier disciplinary proceedings only carries weight if those proceedings have a concrete bearing on the relaxation sought. And the blanket objection of "insufficient time on good behaviour" can often be refuted with specific evidence, consistent conduct, documented therapeutic progress, steady work performance inside the institution.

The enforcement court is not bound to the reasoning of the prison governor. It examines the matter afresh and in full, can order further enquiries and, where appropriate, directs the institution to grant a first, smaller step. The complaint is therefore not a mere formality but a genuine second chance, provided it is pleaded on its substance.

Significance for conditional release

Relaxations are not an end in themselves. They are the bridge to conditional release (bedingte Entlassung): anyone who has completed several unaccompanied day leaves without incident, has reliably performed outside employment or has maintained release on day licence over months builds the empirical foundation on which the sentence enforcement court (Vollzugsgericht) will later decide. A conditional release without any prior trial in relaxation is possible, but rare. Those aiming at release at the half-sentence point or at two thirds should treat the relaxation strategy as an integral part of their release preparation.

The relationship is reciprocal: failed relaxations, returning late from leave, positive findings during a check, a disciplinary incident abroad of the institution, carry disproportionate weight against conditional release. A single documented breakdown can outweigh months of unblemished service. That is precisely why the relaxation strategy should be planned, not left to improvisation.

Special cases

For sexual offences and serious violent crime stricter standards apply: additional psychological opinions, a longer period of good conduct inside the institution, and narrower conditions during the relaxation itself (for example an obligation to attend ongoing therapy, exclusion zones around particular addresses or persons). The first steps are generally accompanied and kept short; only a consistent pattern over a longer period opens the way to unaccompanied leave and outside employment.

For foreign nationals without a settled residence in Austria the build-up of a relaxation perspective is harder, but not impossible. A cooperation with the probation service (Bewaehrungshilfe), with NEUSTART and with social institutions that can provide an address and a structured daily routine often becomes decisive. Where return to the country of origin is the realistic release scenario, the relaxation concept must be aligned accordingly, for example with a staged leave arrangement to consular authorities, family in Austria or therapy providers.

For mothers with infants in the mother-and-child unit (Mutter-Kind-Abteilung) there are separate rules that ease day leave and activities outside the institution, medical appointments for the child, contact with relatives, attendance at child-care facilities. The child's welfare is a weight-bearing factor in its own right.

A staged build-up in practice

A client with a five-year sentence built up a staged plan in close coordination with the prison social service and counsel. After around eighteen months, the first accompanied day leaves were granted for specific appointments (authorities, dentist); after two and a half years, unaccompanied day leaves for family visits; after three years, an outside employment placement with a cooperating employer; after three and a half years, the transition into release on day licence. Each step was documented by a written update of the Vollzugsplan, and each step ran without incident. The sentence enforcement court granted conditional release at the two-thirds point; the favourable prognosis rested almost entirely on that documented relaxation trajectory.

The lesson: relaxations are won by those who structure them in time, document them in writing and do not leave them to chance. A single favourable leave at the end of the sentence carries less evidential weight than a consistent build-up over twelve to twenty-four months.

Common mistakes

Three patterns regularly derail well-prepared applications. Overreach: the first relaxation is pitched too high, a full-day unaccompanied leave instead of a modest accompanied afternoon. An applicant who aims too high and is refused now carries a file note of "negative prognosis" that must first be worked down. Spontaneous travel: an unaccompanied day leave to another city without a compelling reason is treated as a risk factor, destinations should be concrete, plausible and paired with a guaranteed return (a medical appointment, a family visit, an official appointment). Unsuitable companions: anyone who spends the leave with persons who have themselves been in contact with the criminal justice system risks the withdrawal of the next step. The freedom of association ends at the suitability assessment for the further levels.

The role of family members

Those waiting for a Freigaenger or a day-leave inmate on the outside can shape the process decisively. What helps: a binding structure around the visit (a clear schedule, no spontaneous changes of plan), a clear understanding of the return time and the consequences of any delay, and a written undertaking as to accommodation for full-day or multi-day leaves. An employer taking on a Freigaenger should structure the employment contract so that it stands up legally, working hours, social insurance, payment of wages to the account held in the institution, with the reintegration service NEUSTART and the prison social service reviewing the arrangement. The more professional the framework, the more stable the next steps.

A further, often underestimated point: family members can submit their own written statements on the importance of contact, on the housing available for a leave and on the stability of the family environment. Such statements have particular weight where they are concrete (date, signature, a factual description of the daily routine) rather than abstract declarations of love and loyalty. They can be placed in the file through counsel, so that they are secured and do not get lost in prison mail.