Housing after imprisonment | A matter for the community
"In general, it's very unclear how the system works," says Christina Müller-Ehlers, managing director of the Federal Working Group for Offenders (BAG-S), in an interview with "nd." The BAG-S recently published a report on the housing situation of inmates and those released from prison in Germany, for which it surveyed the state ministries of justice about their practices. The result: The data situation varies depending on the state. When it comes to support measures to prevent homelessness, the approach is often a matter of individual case decisions. "The situation depends on the municipality or even the caseworker," says Müller-Ehlers.
According to the Federal Government's Homelessness Report, twelve percent of the reasons why people lack a permanent residence or secure private housing are due to previous incarceration. This makes incarceration the third most common reason for homelessness in Germany, after rent arrears (36.8 percent) and homelessness because the rental agreement was tied to an employment contract (14.6 percent). This is one of the reasons why the "Ampel" (Green Party) government emphasized the need to focus more on those released from prison in its National Action Plan against Homelessness .
There is a fundamental right to retain housing. Social welfare providers cover rent costs if debts arise from a prison sentence and a person's residence could be evicted as a result. However, many affected persons and their families are not informed of this possibility, according to the Federal Labor Court (BAG-S). "A rumor that rent would only be covered for prison sentences of six to twelve months has become common practice," explains Müller-Ehlers.
According to the Federal Social Court, social assistance must be granted only if it can prevent an "imminent emergency." This should not be related to the length of the sentence, according to the associated ruling. However, when deciding whether to cover rent costs, correctional facilities do not adhere to the court's guidelines, but rather to the interpretations of social assistance providers. And these vary depending on the region.
Baden-Württemberg and Hamburg approve reimbursement for prison sentences of up to 12 months, Rhineland-Palatinate for up to six to seven months, Saarland and Mecklenburg-Western Pomerania for up to six months, and all other states decide on a case-by-case basis. For persons serving short sentences , such as those serving alternative prison sentences , no application is required, although the job center does not cover rent costs during the sentence.
The situation is particularly critical for people threatened with deportation. In Mecklenburg-Western Pomerania, for example, they are excluded from transitional management, and in Brandenburg, according to the institutions, a structured approach is not possible. Transitional management provides support for resocialization.
Another difficulty, as the Federal Office for Public Health (BAG-S) notes, is the lack of available data. For example, five state justice ministries are unable to provide information on the number of people released from prison each year, and four others do not differentiate between types of detention. This is worthy of criticism, the BAG-S writes, "since these key figures represent an important data basis for planning and managing transition management measures."
The Federal Office for Work and Social Affairs (BAG-S) is therefore calling for nationwide resocialization statistics and more rent takeovers during incarceration. This is more cost-effective than subsequent placement in emergency accommodation. Furthermore, more open prison systems and improved internet access in prison would simplify housing searches. In general, there is also a need for more affordable housing in urban areas.
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