Prison Reform Act 2026 brings video telephony for inmates and new search and seizure powers

In the Federal Law Gazette for the Republic of Austria, Part I, the 91st Federal Act was promulgated on October 29, 2026: the Prison Reform Act 2026. In the future, it allows prisoners to use voice and video telephony and significantly extends the investigative powers of security authorities in the event of escapes. The changes were decided by the National Council; they enter into force on November 1, 2026.

The amendment changes three laws: the Prison Act, BGBl. No. 144/1969, last amended by BGBl. I No. 43/2026, the Juvenile Court Act 1988, and the Code of Criminal Procedure 1975 (StPO). The law bears the parliamentary references RV 625 AB 638 S. 101 (GP XXVIII) and BR: AB 11880 S. 997, as well as the CELEX No. 32016L0800; it is signed by Van der Bellen and Federal Chancellor Stocker. While the majority of the provisions enter into force on November 1, 2026, § 18c para. 7, § 101 para. 4 and 5, and § 154 para. 1 expire at the end of October 31, 2026.

Voice and Video Telephony Instead of Mere Telephone Calls

The centerpiece for inmates is the new wording of § 96a first sentence: prisoners are to be enabled to use voice and video telephony, particularly with relatives, legal representatives, social institutions, public bodies, legal counsel, and guardianship centers according to § 90b para. 4 to 6. In conjunction, § 86 para. 1 clarifies that communication with the outside world is permitted not only in writing, but also using technical facilities for the simultaneous transmission of words and images.

The term consistently replaces the word “telephone calls” in the headings of §§ 86 and 96a, as well as in § 86 para. 2, § 103 para. 3, § 109 item 3, and § 112 para. 1 and 2. According to the newly worded § 98 para. 1, execution is to be avoided if its purpose, from the perspective of the requesting authority or security agency, can be achieved through a procedure according to § 97 or through word and image transmission.

Manhunt: Surveillance, Account Information, and Message Monitoring

The new § 106 para. 2a authorizes security authorities, in addition to the manhunt, to take a whole bundle of measures if, based on certain facts, it is to be expected that the whereabouts of the fugitive can be determined thereby:

• Inquiry
• Securing and seizure of objects, data carriers, and data
• Information on bank accounts and banking transactions, as well as information from the account register
• Identification of identity as well as searching of locations and objects
• Surveillance and covert investigation
• Seizure of letters, information on data of a message transmission, localization of a technical facility, storage of traffic data, monitoring of messages, as well as optical and acoustic surveillance of persons

For the more severe interventions – surveillance pursuant to § 130 para. 3 StPO, undercover investigation, seizure of correspondence, information disclosure and monitoring, localization, event-based data storage, and optical surveillance – there must have been a conviction for an intentionally committed criminal offense punishable by more than one year of imprisonment. The court pursuant to § 16 para. 2 no. 8 is responsible for the order and implementation, which, according to the new provision, also decides on the issuance of a European Arrest Warrant and the effectuation of the extradition of escaped prisoners.

This is supplemented by § 15b para. 4a: If a convicted person or prisoner is at large, the prison governor must transmit all relevant information and personal data required for locating their whereabouts to the security authority. If there is an immediate danger to the life, health, freedom, or property of a specific person pursuant to § 106 para. 3, the prison governor must notify the security authority immediately and provide any known contact details of the endangered person.

Deportation instead of Execution of Sentence

The new § 133b allows the execution court to provisionally waive further execution of the sentence even if the convicted person is required to leave the country and is not an EEA citizen, a Swiss citizen, a privileged third-country national, or a holder of a “Permanent Residence – EU” residence permit from another EU member state. The competent aliens authority must take over the convicted person and ensure deportation according to the Aliens Police Act 2005; the correctional facility and the execution court are to be informed about the execution. If the deportation fails or the convicted person returns during the entry ban, they are to be taken back into custody by organs of the public security service and transferred to the nearest correctional facility.

According to § 133a, the provision no longer refers to the Asylum Act, but to the Aliens Police Act 2005; furthermore, the catalog of offenses for which a provisional waiver is excluded is expanded to include a long series of criminal offenses under the StGB. § 4 para. 2 sets a maximum period for the waiver of the execution of the sentence due to extradition: no more than six months may elapse between the resolution and the waiver.

Security Checks, Research, and Juvenile Criminal Law

The new § 101b regulates security checks in correctional facilities: these may be carried out using technical aids, vehicles, bags, and containers must be searched at least on a sample basis, and for persons entering a facility, a search of outer clothing is permissible. § 101b para. 4 mandates that the execution be as gentle as possible and that it be carried out by employees of the same gender as the affected person or by a physician.

Further innovations: § 14b obligates the Federal Ministry of Justice to evaluate and scientifically accompany the execution of sentences and measures; § 20a allows the entrustment of third parties with support and training measures; § 71a anchors medical rehabilitation measures within correctional facilities. In the Juvenile Court Act 1988, the disciplinary penalty of house arrest may no longer be imposed on juvenile prisoners, and in the StPO (Code of Criminal Procedure), it is clarified that pretrial detention may not be ordered or continued if it is disproportionate to the significance of the case or the expected sentence.

Significance

For relatives of prisoners, the amendment introduces a legal claim to video communication for the first time; for defense lawyers and support facilities, it means shorter paths. For escaped prisoners, it means an approximation to the investigative regime of the StPO – with judicial approval, but extending to surveillance and communication monitoring. By November 1, 2026, correctional facilities, alien authorities, and security authorities must have adapted to the new procedures.

Source: Federal Law Gazette for the Republic of Austria, Part I, No. 91 of October 29, 2026, Federal Law: Prison Execution Amendment 2026 (official reference: BGBl. I No. 91/2026).