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Title: Enforcement Rules of the Prison serving Act CH
Amended Date: 2018-05-10
Category: Ministry of Justice(法務部)
Chapter 1 General provisions
Article 1
This Enforcement Rules is stipulated in accordance with the provisions of Article 93-1 of Prison Serving Act (hereinafter referred to as the "Act").
Article 2
Prisoner's interests shall be taken into consideration when prison officials perform their duties.
Article 3
Convicted criminal who chooses to serve terms of commuted labor in lieu of the payment of fines shall be confined separately from those sentenced to imprisonment or those sentenced to criminal detention.
In cases where the convicted criminal is a person with foreign nationality or without nationality, he/she shall be moved to designated prison if deemed necessary.
Article 4
The terms "strict demarcation", "separate imprisonment", "demarcated imprisonment" , and "demarcated custody" contained hereinafter in the Act are defined as follows:
1. Strict demarcation: to isolate and demarcate convicted criminal with concrete walls inside the prison as a boundary.
2. Separate imprisonment: to isolate convicted crimillal in different quarters,workshop, or assigned prison.
3. Demarcated imprisonment: to confine convicted criminal in strictly demarcated quarters and workshop.
4. Demarcated custody: to detain convicted criminal in custody in demarcated quarters for ills with defined boundaries inside the prison.
Article 5
Appeals made by a prisoner who contends the prison's punishment shall be processed ursuant to the regulations stipulated below:
1. Prisoner contending prison's penalty shall submit th appeal in person within 10 days of the effective date by verbal communication or written document. In cases where appeals are made by verbal communication,prison official shall record every detail fact in the appeal logbook; in cases where appeals are made by written document, name, offence committed, service duration, detail facts of the penalty and dates, and reasons contending the penalty shall be included, and then sigh, seal or fingerprint the document, as well as date the appeal.
2. Anonymous appeal will not be subject to processing.
3. The prison governor issuing the penalty shall, if the appeal is deemed reasonable, withdraw the penalty and indicate other appropriate management procedures. If the appeal is deemed unreasonalbe, the subject matter shall to be reported th the governing authority immediately.
4. Governing authority shall, if the appeal is deemed reasonable, order a termination, withdraw, or amendment to the penalty.
5. Inspector shall, when processing appeals, conduct every necessary investigation and report the investigation results to the governing authority for review. During investigation, unless the inspector deem relevant to the subject matter, no prison officials shall be permitted to present at the scene.
6. A prison shall not discriminate against or issue a punishment with irrelevant excuses to the prisoner who files the appeal.
7. Governing authority has the authority to issue a final ruling to the appeal.
Those who contend the ruling issued by other institution shall be redirected to related institution for further review.
All related news or rules regarding appeal procedure shall be posted in areas where prisoner is imprisoned and explained to the prisoner when he/she first enters the prison.
Article 6
In situations where a request for visitation of a prison in the purpose of academic research or in motivation deemed reasonable is permitted, male visitors shall be allowed to visit only the prisons for male and female visitors shall be allow to visit only the prisons for female. Special request under the permission of the prison governor is not subject to this limitation.
During visitation, the prison shall dispatch an instructor to guide and explain, as well as make a note of visitors' or ' groups' names, occupations, home addresses, visiting date, and purposes.
Visitors shall dress accordingly and remain silent. Without the prison governor's prior permission, photography is strictly prohibited. Conversation or exchange of goods with the prisoners is also subjected to strict prohibition.
Minors, drunken persons, or ills are prohibited from visitation. Visitation request by a foreigner or person without nationality requires prior consent from the governing authority.
Article 7
Prison staffs shall Mandarin during works. Unless deemed necessary, they shall not speak dialects or foreign languages.
Article 8
In circumstances where a prisoner is seriously ill, deceased, or is in any other serious conditions, the prison shall notify the said person's souse or relatives for visitation of the person. In circumstances where a prisoner is relocated to another prison, the prison shall also notify the said person's spouse or relatives.
Article 9
Prison governor shall patrol the whole prison at least once each day. In order to comprehend the effect of the sentence on the prisoners, the rison governor shall meet prisoners regularly and make a note of relevant information in a logbook. Prison governor shall not, unless it is deemed irrelevant, decline prisoner's request for an appointment.
Chapter 2 Acceptances to The Prisons
Article 10
Convicted criminal's acceptance procedures are listed as below:
1. Count the number of incoming convicted criminals.
2. Verify that all the essential documents have been prepared.
3. Perform physical check-up on convicted criminals.
4. Inspect convicted criminal's body, clothing, and personal belongings; money or valuable goods shall be taken into separate custody.
5. Establish a record of convicted criminal's photographs and fingerprints.
6. Run a seminar regarding prison service in an effort to educate the procedures and rules obligated to be obeyed, as well as the start and release date of the sentence.
7.Gukde convicted criminal to shower, change of cloth, and haircut. Distribute daily supplies and arrange living quarters for convicted criminals.
Photographs taken pursuant to subparagraph 5 shall not be distributed to the public.
Article 11
The term "essential documents" contained in paragraph 1 of Article 7 of the Act refers to the form with a personal picture, identification sheet and behavior assessment report, or approved transfer documents by the governing authority.
At the time of prison admission, the acceptance of the convicted criminal shall be denied if execution writs are absent. In the absence of the relevant verdicts and other essential documents, the convicted criminal shall be notified to deliver these documents within 3 days. Those who are being transferred from another prison without personal identification papers shall be denied for admission 0r notified of delivery of absent documents immediately.
Article 12
The prisoner of a particular prison is under the sole discretion of the prosecutor of the competent Court's prosecutors' office. Transferees under the discretion of prosecutors from other district prosecutor's office shall be accepted for admission with the consent from the Ministry of Justice or unless other legal rulings otherwise stipulate.
Approval documents of the acceptance shall be issued to the prisoner upon admission to the prison.
Article 13
Children accompanied by or were born in prison shall be taken into custody in the nursery room located in the prison for female convicted criminal.
The birth certificate of the child shall not have any records on the paper relating to the prison.
When prisoner's children under the custody of the prison reaches the age of 3, in circumstances where no appropriate adoption candidate presents, shall be turned over to the care of a publicly- or privately- run relieve institution or other social welfare groups.
Article 14
A prisoner's physical examination at the admission shall be administered by the prison's physicians. In circumstances where a physical examination cannot be supervised due to inadequate equipments, the prisoner shall be escorted to a local public hospital for the completion of the examination. Pursuant to paragraph 1 of Article 11 of the Act in which the prisoner is denied for admission, the prison shall make a note of the justification for the denial.
Article 15
The term "dementia" contained in paragraph 1-1 of Article 11 of the Act refers to the conditions where ,there is a malfunctioning in the said person's mental state and to the person without self-conscientiousness, who is completely deficient in the capability of senses, comprehension, and judgment.
Article 16
Each prisoner shall be given an identification number in lieu of his/her name for administration purpose.
The record of the prisoner's name and personal identification shall be completed in 3 days from the day of admission and after the day of release. The record shall be maintained in earnest effort.
The aforesaid name record shall include a numbered booklet, admission booklet, prison serving booklet, release date calendar, and booklet of prison discharge.
Personal identification record shall include an execution writs, verdict of the sentence, investigation and classification form, assignment sheet, rewards form, penalty form, letter form, visitors form, name book of grade, scores paper, picture ID form, fingerprint form, identification from, behavior assessment report, and legal address information.
Article 17
Left thumb shall be used when a prisoner is required to seal fingerprint for signature purpose. In circumstances where the use of left thumb is unfeasible, then right thumb shall be used in lieu. In circumstances where the use of both thumbs is unfeasible, the sequence of finger to be used follows the order of index, middle, ring, and little finger (left-hand fingers shall always precede righthand fingers). Administrator shall note down the name of finger used in the footnote. Ink or oil ink shall be used, and the fingerprint shall be positioned immediately adjacent to the name written.
Article 18
At the time of prison admission, a prisoner shall be informed to obey the regulations contained hereinafter:
1. Determine to strive; there shall not be any deeds that endanger national interests or infringe organizational honors.
2. Obedient to official's instructions; there shall not be any deeds related to the violation of official's orders or damage of stability.
3. Cohabit in peace; there shall not be any deeds related to the formation of a gang or intimidation to newcomers.
4. Behave appropriately; there shall not be any deeds related to quarrels, brawls, escape, or violence.
5. Take good care of public property; there shall not be any deeds related to the damaging of public property or littering.
6. Live with good habits; there shall not be any deeds related to alcohol drinking, gambling, or body tattoos.
7. Accept official's inspection; there shall not be any deeds related to the withholding of prohibited goods or exchange of letters in private.
8. Be tidy and clean; there shall not be any deeds related to the pollution of environment or graffiti.
9. Any other justifiable behaviors that shall be followed.
Those who violate any of the aforesaid procedures shall be subject to the supervision pursuant to Article 76 ofthe Act.
Chapter 3 Imprisonment
Article 19
Solitary confinement or prohibition of outside activities shall be conducted in a way that does not induce negative effects to the personer's mental and physical health. Prison governor, security section chief, and physicians shall pay frequent visits to the confinement area.
The confinement shall be a place full of fresh air and sufficient sunlight.
Prisoners shall take turn to clean up the place, extinguish hazardous insects, and maintain a clean ancl sanitized living area.
Article 20
In accordance with the results of investigation and classification, prisoners shall be classified for correctional purpose pursuant to the following circumstances:
1. Serious offence committed; the prisoner, who is an obvious negative influence to others or who requires reinforced education and instruction, shall be imprisoned in segregated prison.
2. Recidivist, repeated offender, or habitual offender shall be imprisoned in the recidivious prison.
3. Prisoner with 10-year-sentence or more shall be imprisoned in the felonious prison.
Article 21
Aprison shall be divided into sections pursuant to the locations of equipments, in order to administered sectional correctional management, and to appoint a control team of educational, labour, and safeguard personnel to administer correctional activities and the treatment of the prisoner in each section.
Article 22
In accordance with its characteristic, prison shall customize its enforcement guidelines of corrections and prisoner's daily timetable subsequent to the review by the governing authority.
Article 23
Confinement-a record shall be prepared to record the location of confinement cell and work area; the prisoner shall be assigned a sleeping bed appropriately.
Work area shall be assigned in accordance with job assigned.
On the right side of the confinement cell, a panel shall be hung, inscribing the capacity, current number of prisoners, and prisoners' name cards with identification number on the front and offences committed, the duration of the sentence, date of entry and departure, and work area on the back. Prisoners' name cards shall be prepared inside the workshop.
The cell and workshop shall be equipped with lockers to store the daily clothes of the prisoners, which shall be setup in a way allowing a convenient method of inspection for officials.
Article 24
Whenever judges of a court or prosecutors of a prosecutors' office summon or notify a convicted criminal, a citation or a notice shall be used in addition to advising the prison in charge.
In aforementioned circumstance, where the court or the prosecutors' office is located in the same district as that of the prison in charge, it is preferable that interrogation be held within the compound of the prison. In circumstances where both institutions do not situate in the same district, it is preferable that the interrogation be administered by local district's court or prosecutors' office.
In situations where the prisoner must be brought before the court for testimony, the prisoner must be returned to the prison in charge as soon as the testimony is over. In situations where it is unfeasible to return the convicted criminal back to the prison on the same day, the convicted criminal shall be held in the custody of a local district's prison temporarily.In cases where the local district's prison cannot accept the prisoner due to supervision concerns, the prisoner shall be moved and held in the custody of local district's detention center.
The period of the summoning pursuant to paragraph 2 and paragraph 3 shall be included in the execution period of the sentence as well.
Article 25
Whenever other institutions, excluding court or prosecutors' office, must summon or interrogate a prisoner, the supervision is pursuant to the regulations contained hereinafter:
1. For trials in which military's jurisdictional system has the judicial authority, a citation, with remarks on the number of days the prisoner shall appear before the court and the place where the prisoner is to be detained, shall be used in order to file a summoning request to the serving prison.
2. Institutions without any judicial power shall file a notice with explanations to the serving prison. With the prison's prior consent, the institution shall then proceed with the interrogation inside the compound of the prison.
Article 26
Pursuant to paragraph 3 of Article 20 of the Act, persons permitted for mitigative treatment are limited to the below mentioned prisoners only:
1. Person who endures an illness diagnosed by a doctor that requires long term treatment.
2. Person who is diagnosed with mental disorder, mental illness, or serious retardation in intelligence.
3. Person who issenescence, disability, having difficulty in action, or inability to live on his/her own.
4. Person who is pregnant or someone who just gave birth not yet exceeding 2 months.
5. Person who, in accordance with the results of investigation and classification, is deemed necessary for mitigative treatment.
Aforementioned prisoners, who receive the mitigative treatment, shall be reported to the Ministry of Justice for review.
Article 27
Aforesaid mitigative treatment shall be supervised pursuant to the procedures listed below:
1. Education and instruction: to be supervised in individual institution and methods deemed beneficial to the physical and mental condition of the prisoner.
2. Labor assignment: to assign them insubstantial work that match their interests. The person's physical and mental state shall be taken into consideration as well during the assignment. A prisoner is permitted to use his/her monthly allowance received from the work at his/her own will. The approval from the prison's sanitary department is required in order to discontinue the institution labor of the person who is deemed incapable of the work.
3. Confinement: to be supervised in accordance with each varying circumstance.The person's mental and physical health shall not be endangered, in addition to segregated confinement from other prisoners.
4. Visits and correspondences: to be supervised pursuant to the saving clause of Article 62, paragraph 2 of Article 63 of the Act, and the saving clause of Article 79 of the Enforcement Rules.
5. Supply: to be supervised pursuant to paragraph 1 of Article 64 and paragraph 2 of Article 65 of the Enforcement Rules. If deemed relevant, essential clothes shall be provided.
6. Grades: at the time the convicted criminal is disciplined and able to control his/her own behavior, the prisoner shall be classified pursuant to the Statutes of Prison Serving Progressive Treatment.The responsibility score, after the grade classification, shall be 80% of the standard set by Article 19 ofthe Statues. Person, who is incapable to work,whose labor scores shall be 50% of the highest achievable scores pursuant to Article 20 of the Statutes.
Chapter 4 Custody and Security
Article 28
Prison shall organize the work of security in accordance with the work nature of guarding, sentinel, patrolling, management, and inspection. In addition, staffs shall be carefully selected to fulfill their duties, in order to prevent riots, escape, suicide, or fighting.When an officer performs his/her duties, precautionary steps shall be taken pursuant to the regulations contained hereinafter:
1. Correctional officer shall sympathize and be compassionate during the process, as well as respect prisoner's dignity and comprehend the subject matter in order to lecture the convict accordingly.
2. Custody of the prisoners shall take control of every situation happened in the prison and count the number of prisoners regularly, as well as focus on the safety equipments of prison.
3. Sentinel duties, appearance and manner shall be appropriate, respond to people with kindness, as well as be precautious to the entry and exit of the delivery of goods and passengers.
4. Cell duties, except for situations where a disaster occurs, the access door shall not be opened unless an officer is present or his/her approval is obtained.
5. Workshop duties, the doors of the workshop shall be closed at all times in order to prohibit the entry and exit of the prisoners. The uses and management of labour equiprnents shall be carefully supervised.
6. The doors, as well as entry and exits, of the prison shall be closed on a regular basis. Goods that jeopardize the security of the prison shall be stored and locked in a specified location. In circumstances where the need for opening the lock or using the goods arises, a guard shall be dispatched to secure and safeguard the location.
7. Equipments, such as constraining devices and weapons, keys, water & electric equipments, and hydrant equipments, and stoves and steam machines, shall be cautiously supervised and are subject to regular inspections.
8. At the time of discharging a prisoner, the person's physical state and reputation shall be minded, in addition to adhere to the ruling of discharge procedures.
Article 29
Prison shall not utilize any constraining devices as a means of punishment on prisoners. In circumstances where the utilization of constraining devices is necessary due to some legal reasons, precautionary procedures shall be taken pursuant to the regulations contained hereinafter:
1. The behavior and performance of the convicted criminal shall be evaluated frequently when a constraining devices is utilized for correctional purpose. As soon as the utilization of the constraining devices is deemed no longer relevant, the practice shall be abolished immediately.
2. Once the period of the utilization of constraining devices reaches one week, for circumstances where the continuation of the utilization is deemed relevant, the request with a list of facts and details of the circumstance, shall be reported to the prison governor for approval. The provision thereof is also applicable at the end of the extension of the utilization, if further extension is deemed necessary.
3. The utilization of constraining devices shall be monitored and exercised by chief of subsection or the higher staffs. For prisoners deemed inappropriate by physician, the exercise of constraining devices shall be discontinued.
4. Two or more types of constraining devices shall not be exercised against a single prisoner at the same time without special approval from the higher administrative officials.
5. The physical condition of a prisoner shall be minded cautiously during the process of the utilization of constraining devices. No handcuffing with both arms on the back or joined handcuffing of arms and legs shall be permitted.
6. The weight of feet shackles and chains shall be limited to a maximum of 2 kilograms. If necessary, the weight can be increased to 3 kilograms. The weight of handcuff shall not exceed one half of a kilogram.
Article 30
Sedation facility shall be built in a solitary space format. The surfaces of wall, ceiling, doors, and floors shall be made of materials that can prevent injuries when a person smashes at them, as well as the emphasis shall be centered on the security of the prison.
Article 31
The phrase "violates another's body or poses threat to violate another's body" contained in item 1 of Article 24 of the Act refers to the situation in which a prisoner aggressively attack (not restricted to the use of arms only and cause harms to others,or the attack does not yet occur but the threat of forces is obvious that the situation cannot be prevented unless truncheon or arms is utilized.
The phrase "refuse to obey order to abandon such object" contained in item 2 of Article 24 of the Act refers to the situation in which a prisoner possesses objects, no matter if it is a liquid, gas, solid, or other chemicals, that endanger the well-being of others is commanded to abandon the object but still refuses to comply with the order.
Article 32
Prison's supervising staffs using truncheon or arms are subject to the precautionary procedures contained hereinafter:
1. Warning shall be issued prior to the use of truncheon or arms. However, in urgent situations this rule shall not be applicable. When the reason for the use of truncheon or arms ceases to exist, the action shall be discontinued immediately.
2. Officer shall be careful not to harm the surrounding innocents when truncheon or arms is being used. A report detailing the process and situation shall be conveyed to the superiors after the event is over, in addition to deliver a copy of the documents to the Ministry of Justice.
Article 33
The following types of security work in a prison for female prisoners, including guards, security & custody, inspection, management, labour, education and instructions, and appraisal, shall appoint female employees to assume the responsibility. Security & custody unit shall dispatch staffs to assume the responsibility of sentinel, patrol, and policing in the surrounding area of the prison.
Quarters for female prisoners within a prison shall be prohibited from the entry of male staffs except for the prison governor and medic personnel. In circumstances where the responsibilities of a duty require a male staff to enter the quarter, the male staff must be accompanied by a female staff.
Article 34
Prison shall implement a contingency plan for security events, in addition to establishing a channel of communication with local district's police and justice agencies. In events of natural disasters, where escape , slaughter, death, riots, or violence occurs, proper counter measures and procedures must be in place, in addition to filing a documentation report with the details of the scenario to the goveming authorities. In urgent matters, telephone calls shall be used in advance for reporting.
Article 35
The term " major events" contained in paragraph 2 of Article 26-1 of the Act refers to one of the below mentioned conditions:
1. The grandparents, parents, spouse, or children of the prinoner is in a lifethreaten state.
2. The family of the prisoner suffers from serious disasters.
3. Before prison release, the prisoner at tends examinations for school and occupational purpose.
4. Circumstances in which the subject matter cannot be resolved without the personal attendance of the prisoner.
Chapter 5 Labor
Article 36
Institution labour at prison shall be designed with a purpose of training prisoners to learn skills in order to make a living, to attain a diligent working habit, and to enlighten one's won spirtual mind.
The labor shall be administered mainly by a public enterprise as a top priority, with second priority goes to consignment or contracting.
Aside from complying with the purposes of labor, the work content of the labor shall be determined in considerration of local economic environment and the condition of supply & demand of goods, as well as trend in future development.
The courses of work shall be determined according to the length of work and the average workload of an ordinary person.Course materials shall be revised according to work content classification, in addition to specify the learning schedule and assessment standard.
Article 37
When assigning labor work to prisoners, the assignment shall be arranged in accordance with the prisoner's sentence duration, health condition, education level, results of investigation and dassification, skills, safety requirement, and future career goal.
Unless other governing legal rules otherwise stipulates or the prisoner is ill, or for safety or other correctional purposes, prisoners shall all participate in the process of institution labor. After the assignment of work has been arranged, it is prohibited to change from one job post to another except for correctional purposes or safety concerns.
Article 38
The operation of work shall adopt the mechanism of labor division, and prisoners shall be relocated to different lessons of skills regularly according to the dassification of work and learning schedule, in order for everyone to acquire a complete set of skills.
Scores shall be specified in the assessment of prisoner's operational skills acquired. Prisoner, whose score is higher than 60% of highest point achievable, shall move on to the next level. Persons who achieve the highest mark shall receive rewards in compliance with the laws. Persons who come up with new inventions or suggest an improvement to the current practice which is considered valuable and being adopted shall be given rewards as well.
Article 39
Labor instructors shall be responsible for the instruction of labol training. In circumstances where an expert or industry's specialist is hired for assistance, the process shall be administered pursuant to Artide 20 of the Statutes Governing Prison Formation.
The convicted criminal who is equipped with professional knowledge or skills and whose in-prison behavior is excellent shall be commanded to assist in the process of labor training.
Article 40
Work products shall comply with social demands, and prisons shall take any precautionary steps on the supervision of the marketing.
Prisons are permitted to solely or jointly establish locations for product marketing.
Article 41
Prison, in accordance with legal rules, are permitted to tender for the contracting of publidy-or privately-run construction.
The contract of aforesaid labor shall be consented with the prison governor's signature, in addition to the signatures of both labor sponsor's and accounting personnel.
Article 42
Prison labour shall have an overall well-conducted administration scheme with an implementation of corporate management, in addition to carefully supervising the efficient utilization of assets and human resources.
Chapter 6 Education and Instruction
Article 43
ln the reformation process of the convicted criminal, officer shall, with kindness and a compassionate heart, attempt to understand each individuars condition and demands in order to provide appropriate correction and counseling.
Article 44
Group instructions shall be held on national holidays in lieu, memorial days, or other appropriate dates. Category instructions shall be dassified and be held on suitable dates. Individual instructions shall be held anytime deemed suitable.
Minutes of aforementioned lectures shall be made after each session.
Article 45
lndividual instructions shall be held on 3 types of occasions: admission, in-prison, and release.
1. Admission: to be held at the time when the prisoner is admitted to the prison.
2. In-prison: to be held during the sentence, or at the times of receiving rewards, punishment, promotion, illness, death of family members, or at the times when the convicted criminars family suffer from an unexpected event.
3. Release: to be held at the times of release, parole, bail, or transfer of prison, or at the times when the convicted criminars sentence is due.
Article 46
The administration of individual instructions is subject to the regulations contained hereinafter:
1. The instruction shall be held independently in appropriate location with each disciplinary area as a unit.
2. Prior knowleage of the convicted criminars family background, social background, the process ofthe offense committed, and physical and mental condition shall be obtained in order to provide different method of instructions for each convicted criminal.
3. Encourage the convicted criminal to make soul-searching, in addition to seizing the right moment to present correctional lessons corresponding to each convicted criminars background.
4. Do not restrict the format of conversation. Methods such as chatting, problem discussion, or narration will do. If the prisoner has any problem, the officer shall offer to be of assistance with his/her best effort. For problems that cannot be solved, the officer shall explain the reason to the prisoner.
5. The speaker shall be kind and sincere. Whenever a prisoner has a false viewpoint, the officer shall set straight the subject matter for the prisoner in a soft tone.
6. During the conversation, officer shall pay attention to prisoner's wording in an effort to determine the accuracy of his/her statements and observe prisoner's facial expression to determine the truthfulness of his/her statements.
7. Officer shall adopt various conversation techniques and educate prisoners with patience.
8. With prisoner's personal circumstances and the conditions of his/her surrounding environment taken into consideration, officer shall determine the possibility of prisoner being able to make.a living in the society on his/her own after release.
9. Recidivist or ill-disciplined individuals shall be increased in frequency of instructions , in order to transform violent behavior into peaceful mind.
10. The content of the conversation shall be recorded in details in the individual instruction log with a footnote and delivered to the related section for references on the treatment of the prisoner.
Article 47
Instructions at the time of the admission shall be administered immediately upon completion ofthe dassification of investigation. The content of the instruction follows:
1. Thoughts and opinions of the prisoner at the time of admission.
2. The overall condition of the prison and rules to be followed during the sentence.
3. Review the past and determine to strive in the future.
4. Keen to corrections and determined not to repeat the misconducts.
5. Make efficient use of time and expand one's knowledge.
Article 48
In-prison instructions shall be held at least once each month for each prisoner. In situations where emergencies take place, the structions shall be administered accordingly. The content of the conducted shall be clear to tho instructions beforehand, in addition to recognizing the main points, clarifying tho significance of life to the prisoner, as well as bring out the humanity in the heart of the prisoner.
Article 49
In-prison instructions are categorized into two types: regular instruction and special instruction.
The content of regular instruction is as follows:
1. Inquire prisoner's state of living after the admission.
2. Inquire personal thoughts and sentiment after receiving the sentence.
3. Inquire the frequency of prisoner's communication with relatives and friends.
4. Inquire prisoner's attitude towards life.
5. Inquire prisoner's opinion on the improvement of prison's supervision and treatment.
The content of special instruction is as follows:
1. Rewards: Encourage prisoner to work hard and strive to succeed.
2. Penalty: Analyze the circumstances and explain the rights and wrongs to the prisoner in all effort to encourage him/ her to reform.
3. Death of relatives or family suffers from all unexpected event: Provide suitable consolation.
4. Illness: Wish prisoner to recover before long and help remove mental stress.
5. Promotion: darify the meaning of the promotion in order to encourage the prisoner to continue to improve.
Article 50
The content of instruction at release is as follows:
1. Explain in details the honorary of national laws.
2. Inquire future plan and means to making a living. Persons who require the aftercare from the organization of protecting the safety of discharged prisoners shall be provided with appropriate arrangement.
3. Encourage the prisoner to start a new life and not to repeat the misconducts.
4. Advise the prisoner to be friendly to neighbors and others, in order to encourage him to regard the importance of interpersonal relationship.
5. Persons on parole shall be advised of the implication of parole and rules to be obeyed.
6. Persons bailed for medical treatment shall be advised that the medication period is not considered as a part of the sentence, and that the person shall return to the prison as soon as the illness is recovered.
7. Persons on transfer shall be advised of the overall state of the new prison and rules to be obeyed and be encouraged to acquire a peaceful mind and accommodate to the new environment.
Article 51
dassified instructions shall be administered not only by results of dassification and investigation but shall also be administered according to the offences committed by the prisoner.
Article 52
The administration of dassified or' group instructions is subject to the regulations contained hereinafter:
1. Maintain an orderd environment of instructions
2. Dramatize the content of instructions with informal language, in order to generate an interest in the subject matter among the listeners.
3. Provocative or offensive languages are prohibited.
4. The duration of the instruction shall not be too long, with one hour at maximum.
5. The number of attendance shall be regulated with regards to the location and safety condition.
6. Make prisoners feel respected. Mockery or coarse languages are prohibited.
7. The lecturer shall be well-prepared in advance of the instruction. In situations where supporting written papers are needed, pamphlet with a table of content shall be printed and distributed.
Article 53
dassified or group instruction shall adopt the following teaching materials:
1. Teaching philosophy of Sun Yat-Sen & Presidential quotes.
2. Must-know knowledge of daily life for civilian.
3. Anecdotes of historical figures.
4. Quotes & stories of remarkable people around the world.
5. Common knowledge of laws.
6. Current international state and important national policies.
7. Correctional teaching materials and correctional texts published by the Ministry of Justice.
8. Other beneficial texts that help prisoners improve in person.
Article 54
Primary's class for prisoners shall be taught with the lessons of elementary school and junior high school, in order to educate them with basic educations. Advanced dass for prisoners shall be taught with lessons equivalent to the level of high school courses. Tutorial class shall be taught with advanced courses with level higher than that of high school lessons, in order to prepare them with knowledge and skills necessary to adapt a living in the society. Education for prisoners shall be approved by the governing educational agencies and supervised in accordance with the system of ordinary continuation school.
Article 55
The teaching at each dass shall be first categorized and then administered according to the educational level of prisoners and the date of the admission. Important provisions are as follows:
1. Primary's dass: to teach the pronunciation marks of Chinese characters and frequently used daily vocabularies, in addition to the administration of lessons equivalent to the courses taught in national junior high school and elementary school.
2. Advanced dass: to teach lessons taught in high school.
3. Tutorial dass: to specify correctional purposed publications or other beneficial readings for them to self study, or to permit the enrollment of university level lessons in order for prisoner to continue his/her education.
Except for juvenile convicted criminals, convicted criminals whose sentence duration is less than 6 months, or who does not participate in the institutional labor activity or is permitted for mitigative treatment shall be exduded from thc enrollment of educational lessons. However, regular instmctions shall still be administered for those convicted criminals.
Article 56
Each term is made up of six months for each class. Teaching schedule shall first be prepared, in addition to following the below mentioned list of regulations in the assessment of the prisoner's academic performance:
1. Primary's dass: a test shall be held once for each subject every month, in addition to evaluate the results of test performance. For instance, person with an examination grade higher than 60 points shall advance to the advanced dass at the end of the lessons of national junior high school and elementary school.
2. Advanced dass: one subject of lessons shall be randomly selected for testing every two months.
3. Tutorial class: reading summary or assignment with 100 words or more shall be handed in each week.
Aforementioned rules are not applicable for classes administered under the system of continuation school.
Academic grades shall be served as an indication to the progressive treatment. For instance, person with grades higher than 80 points shall be perceived as a well-behaved performer, and he/she shall be entitled to rewards.
Article 57
Prisoners who are interested in subjects other than listed in the aforementioned article shall be assisted with advanced studies in the subject. Persons who possess expertise knowledge shall be encouraged to continue his/her studying. Persons, who excel both academically and behaviorally suffice to serve as a model for others, shall be ordered to assist in the administration of educational process.
Article 58
Prison is permitted to employ two or more individuals with outstanding reputation and professional knowledge from society as an counseling volunteer, in an effort to contribute in the education and instruction works.
The employment request of aforementioned counseling volunteer shall be filed by each prison to the Ministry of Justice for approving.
Article 59
Prisons shall take the circumstances of the prison into consideration, in order to administer privately or in cooperation with local district's schools and industrial & business organizations the job education or work techniques training for prisoners.
Aforementioned educational plan shall be reported to and requires the approval of the governing authority prior to the implementation.
Article 60
Prisons shall, in accordance with the religious beliefs of prisoners, invite individuals from each religious group to darify the doctrines that serve as a correctional purpose for prisoners or conduct religious rituals.
Religious group volunteered to engage in the aforementioned activity shall be permitted to do so.
Religious individual or group engaged in the two aforementioned activities are permitted to provide readings, movies, slides, and tapes for correctional purposes.
Article 61
Prison is permitted to and shall use electric equipments such as sound recorder, television, movies, filmstrips projector, and broadcaster to administer correctional activities. All teaching materials are subject to thorough reviews.
Article 62
Prison is permitted to and shall organize activities such as essay writing competition, speech contest, singing contest, wallpaper drawing contest, calligraphy contest, painting contest, sports events, or skills competition, in addition to organizing recreational activities beneficial to the physical and mental condition of the prisoners.
Chapter 7 Supply
Article 63
The nutrition of main & sub meals for convicted criminals shall be sufficient to fulfill his/her health needs. The quality of food shall meet the hygiene standard, be freshly prepared, and be provided regularly. Waters for drinking and other uses shall also be prepared for prisoners.
Prison shall have agricultural facilities in order to fulfill the needs for sub meals for prisoners.
Article 64
Prison shall, in accordance with prisoner's nationality or religious beliefs, change the menu of prisoner's main and sub meals to appropriate foods. Foods for prisoners with illness and for prisoners' children are subject to different standards in accordance with needs, in addition to the change and distribution of more appropriate foods.
Article 65
Clothes, mattresses, shoes, and socks for prisoners shall be domestically produced, in addition to coping with various protection needs in different seasons. The style and colors of prisoners' clothes shall all be decided by the governing authority. In circumstances where it is deemed relevant, prisoners are permitted to use self prepared clothes and mattress with prison's approval.
Prisoners' clothes and mattress shall be cleaned and exposed to the sunlight regularly.
Article 66
The supply of other living essential devices referred to in paragraph 1 of Article 45 of the Act refers to the below mentioned gears:
1. Gears for dining purposes.
2. Gears for body cleaning and laundry purposes.
3. Gears for facial cleaning purposes.
4. Cabinet for the storage of daily clothes and tools for altering and fixing clothes and mattresses.
5. Cleaning equipments for sanitary purposes.
Article 67
The term "other living essentials" contained in Article 46 of the Act refers to toys, gears, instruments, readings, and goods that are beneficial to the development of youths needed by prisoners' accompanied children.
Chapter 8 Sanitary and Medical Treatment
Article 68
Prison's sanitary facilities shall be built with a purpose to maintain the healthiness of prisoners' physical and mental state. Educational lessons on sanitary shall also be conducted frequently, in an effort to educate prisoners with the notion of the importance of public and individual sanitation and of developing a sanitary living habit.
Article 69
Prison shall have sanitary facilities (including toilets and showering facilities) that fulfill prisoners' needs in daily life, in addition to providing hot water and cold water depending on the season.
Prisoners shall take shower once per day during summer times, once per two days during spring and fall, and once per three days with hot water during winter times.
Male convicts shall have haircut twice every month, who are permitted to keep brush cut with hair length not exceeding 3 cm and shave beards once every three days. Due to religious or daily habitual concerns, persons with long hair and beard that do not commence sanitary concerns are permitted to do so. Female convicts are permitted to have long hair with the length of the hair just covering up the ears.
Article 70
Prisoners' health examinations shall be subject to the regulations contained hereinafter:
1. In-prison health examination is to be held once each season. Random examination shall also be administered according to prisoner's physical and mental conditions.
2. Health examination shall be conducted at the times of admission, release, or transfer.
3. Health examination shall be administered by prison's physicians. In circumstances where there is a lack of working equipments, the prisoner is permitted to be escorted to a local medical center for examination.
4. Examination results shall be recorded in details. Person with illness shall be diagnosed and treatcd or be entitled to receive appropriate therapies.
Aforementioned rule is also applicable to prisoners' accompanied children.
Article 71
Prison shall have an implementation of precautious and preventive measures for epidemic or other acute contagious diseases. In times deemed necessary, physical examination shall be conducted for prisoners in addition to providing proper medical treatments.
In situations where prisoners or prisoners' accompanied children are ill, prison's physicians shall provide sincere diagnosis and treatment for them without any delay, in addition to making a diagnosis record for future references. In times where there is an insufficiency of available doctors, the prison shall negotiate and appoint doctors from outside hospitals to assist in the situation.
Article 72
Prisoner, who is diagnosed by a doctor for one of the below mentioned conditions, shall be nursed in the quarter for ill prisoners inside the prison in addition to reporting to the prison governor:
1. Person who has acute diseases or whose diseases require immediate treatment.
2. Person who has serious physical wounds or who requires emergency operations.
3. Person who is required for segregated treatment or to stay in the sick ward for medical treatment.
Article 73
A prison's supervision procedure for bailing for outside medical treatment shall be carried out in accordance with the following rules:
1. In situations where prisoner is approved for bailing for medical treatment outside the prison pursuant to Artide 58 of the Act, a detail description of the following items shall be recorded: a description of the case, reasons of bailing for outside treatment, offences committed, sentence duration, and the duration of remaining sentence.
2. The filing for approval of bailing for outside medical treatment or extension of period for outside medical treatment shall be attached with most recent diagnosis documents consented by a local public hospital. In circumstances where there is no public hospital in the proximity, diagnosis documents consented by a private hospital shall be affixed in lieu.
3. Petition for outside medical treatment prior to obtaining the bail approval shall not be permitted except for situations where the illness is extremely severe and/or for emergency situations. For prisoner whose remaining sentence period exceeds 5 years, the prison shall make a telephone call to the Ministry of Justice in advance for approval.
4. For prisoner whose sentence period is more than 10 years, guarantee paper issued by a trustworthy business entity is required, or the prison shall require the prisoner to pay an equivalent amount of guarantee money. If deemed relevant, the prison has the authority to designate a hospital where the convicted criminal shall be hospitalized and treated.
5. Guarantee paper shall be printed with the following precautious measures that guarantor shall follow:
i) The guarantee shall be bound to maintain good behavior during the period of outside medical treatment.Any actions that violate the laws or break the code of orders shall be prohibited.
ii) At times when the guarantee is cured or the approved period of bail is due, the guarantee shall be moved back to the prison immediately.
iii) In circumstances where the guarantee is absent from the designated hospital, relocates to another hospital, or leaves his/her residence without permission, the prison shall be notified of the situations immediately.
iv) In circumstances where the guarantee schemes to escape but the fact is not reported at the time where preventive measures still can be taken, the prison shall not permit the retirement of the bail at the midway of the bail period.
6. During the times of outside medical treatment, airport customs and related governing authority shall be notified for the monitoring and administration. When reasons for bailed outside medical treatment cease to exist and the prisoner is being transferred back to the prison, a notice shall be issued to the authority immediately.
7. The prison governor shall frequently send prison personnel to visit bailed prisoner who has been hospitalized and treated at the designated hospital, in addition to maintaining solid contacts with the hospital or local police institutions. For prisoner who has not been designated with a hospital, the prison governor shall also order prison's physicians to visit the prisoner at least once every month, in addition to negotiating and appointing local district's police forces to visit regularly.
8. Prison shall bring together a monthly summary of bailed prisoner's medication activities in every month and file it to the Ministry of Justice for further revlew.
9. The supervising and administering authority shall be informed of the date of bail, period of medication, and the date of returning to the prison.
Article 74
The term "granting outside medical treatment on bail" contained in paragraph 4 of Article 58 of the Act is applicable pursuant to the ruling articles on bailing in the Code of Criminal Procedure, which includes ruling articles such as the presentation of guarantee documents, the specification of the sum of guarantee money, the withdraw of responsibilities, approval for retirement of bail, and confiscated guarantee money pursuant Article 118, Article 119, and 121.
Confiscated guarantee money contained thereof shall first be reported with documentations by the prison and then supervised under the orders of prosecutor's office's prosecutor.
Article 75
Sanitary equipments, apparatuses, and medicines shall be subject to uses, maintenance, and protection with careful discretion.
Medicines claimed by the prisoner to be brought in by the prisoner himself/ herself or given bya visiting relative require prior consent from prison's physicians before being permitted for purchases or carrying in. In addition, the medicines shall be distributed only after prison's physicians examine and certify the usage of the medicine.
Aforementioned item of medicines shall be recorded with manes and in-take dosage in a logbook.
Article 76
The in-take of substitutes of alcohols and narcotic drugs is strongly prohibited.
Article 77
If prison's physicians deem the treatment of prisoners unsuitable to prisoner's physical and mental health condition, recommendations shall be filed to the supervising section or the prison governor.
Article 78
Under the principles of not interfering with the safety and security of the prison, prison shall plant flowers and trees to a large extent and create a beautiful environment that is full of educational purposes, in addition to establishing sufficient sports facilities and equipments for prisoners.
Chapter 9 Visit and Correspondence
Article 79
Visit of prisoners shall be conducted in the visitation room. However, for circumstances of illness or for correctional purposes, the visit is also permitted to be conducted in other proper locations.
Article 80
The term "direct relatives and family" contained in Article 62 of the Act Refers to and includes spouses, lineal relatives, collateral relative within 2 degree of kinship, and relatives by marriage within 3 degree of kinship. The term "family members" are defined pursuant to Artical 1123 of the Civil Code. The term "special reasons" is defined and limited to persons wht have the relevancy for visit and correspondence which do not interfere with the principles of the prison.
In order to testify aforementioned relationship of relatives and/or family members, sufficient documentations or information results of investigation shall be presented for certification.
Prisoners with foreign nationality or without any nationality are permitted to meed and communicate with letters with the ambassadors or chancellors who belongs to the coun try of the prisoner or who represents the country of the prisoner, or people from international institutions or religious groups.
Article 81
Visit and writing correspondence shall be effected in traditional chinese language and words. The uses of symbols and cryptograph are prohibited. However, prisoner who is a mute or blind is permitted to use hand language or Braille. Prisoner whth foreign nationality or without any nationality is permitted to use his/her own language or internationally recognized words and languages.
In circumstances where the prisner is illiterate or cannot write on his own, prison's staff shall write in lieu of the prisoner and the prisoner shall sign or stamp the writing with personal seal. In circumstances where the prisoner cannot sign his/her name, other persons shall sign for the prisoner and the prisoner shall stamp the writing with personal seal or fingerprints. The person who signs in lieu of the prisoner shall affix the reason and sign the paper with his/her own name.
Essays written by prisoner, whose subject is appropriate and does not offend the discipline and reputation of the prison, shall be permitted to be published in newspapers or magazines.
Article 82
The term "risks of disrupting prison discipline" contained in Article 66 of the Act rtfers to the circumstances where the content of a writing correspondence contains one of the following situations:
1.Circumstances where improper state ments ard found, which is obviously untrue and dishonest and attempting to lie, and which insults or threats, caus ing others to be cheated and create con cerns for psychological distress or uneasiness.
2.Circumstances where there are concems for the interference of proper administration of prisoners' correctional treatments.
3.Circumstances where symbols, cryptograph, or other means are being used making the inspectors unable to comprehend the content of the letters, creating concerns for the loss of control over the prisoners.
4.Circumstances in which there are concerns for escaping or destroying, forging, modifying evidences or collaborating with other accomplices or witnesses.
5.Statements mentioning the condition of armed forces in the Correctional facilities, quartes, and locations of workshop that creates the concerns for the safety and security of the prison.
6.Statements that request the depository of cash or goods by relatives, which obviously exceed the prisoner's financial needs for daily life that contradicts the doctrine of helping prisoners develop a habit of prudedce.
7.Statements that contradict the rules pursuant to item 1 to 4, 6, 7, and 9 of paragraph 1 of Article 18, of the provisions of the rules required to obeyed at the admission to prison.
Article 82-1
Documents couriered by courts, prosecutors'
office, or administration offices to prisoners or documents couriered by prisoners to courts, prosecutors' office, or administration office shall be registered and recorded, and shall be redistributed or mailed at once.
Chapter 10 Safekeeping
Article 83
Foods and necessities given to prisoners shall be inspected. Types and quantities are subject to the following rules and limitations:
1.Foods: Restricted to canned foods, candy and cookies, dishes and fruits, which shall not exceed 2 kilograms each time. Items that endanger the health of prisoners, are concealed with prohibited items, or offend the discipline of the prison shall not be permitted to get in.
2.Necessities: the quantity of sheets, mattresses, pillows, shoes and socks, towels, and pens shall be limited to one for each item each time. Only at times when the items are damaged and unusable new items shall be permitted to be given to prisoners. The quantity of soaps, toothpaste, toothbrush, and inks shall be limited to three for each item each time. 50 envelops, 100 sheets of letter, two packages of toliet paper are permitted each time. Three books or magazines during each visit and one newspaper each day. However, items that are concealed with prohibited items or offend the discipline of the prison are not permitted to be given to prisoners. In circumstances where the content of the books and magazines, as well as the newspaper, interferes with the correctional progress of prisoners, the readings shall not be given to the prisoners.
Article 84
Safekeeping regulations for prisoners' money and goods shall be stipulated by the Ministry of Justice.
The safekeeping of prisoners' goods shall be kept away from humidity and be exposed to the sunlight regularly, in addition to disinfection in times deemed necessary.
Article 85
Foods and goods which are permitted to be given to prisoners and confiscated or abandoned valuables pursuant to the Act shall be registered in a logbook.
Chapter 11 Rewards, Punishment and Compensation
Article 86
A prison is not permitted to punish or reward prisoners unless it is in accordance with the legallaws. For the same event, repetitive punishments or rewards are not permitted.
When a penalty of forced labor service or a ban to outside activities is levied upon a prisoner, and if it is deemed there are concerns to the interference with the physical and mental health of the prisoner, the penalty shall be conducted only after physician's inspection.
The supervision and conduction of penalty shall not be performed by any prisoner.
Article 87
Punishment against prisoner shall not be conducted without prior approval from the prison governor, except in circumstances where a final resolution from the Committee for Prison Affairs is required in accordance with laws.
Methods on how to reward a prisoner shalI be decided and finalized by the Committee for Prison Affairs, in addition to publicy promulgate the deeds and results of the reqard.
Chapter 12 Parole
Article 88
In the administration of parole, rules regarding parole in the Criminal Code, the Juvenile Incidents Supervision Act, Acts of Governing Prison Serving Progressive Treatments, and other related acts shall be taken into consideration.
Article 89
After the approval for parole petition is obtained, a parole ceremony shall be held by prison's officials before the prisoner leaves the prison, during which a certificate of parole is bestowed upon the prisoner. In addition, a copy of documents dictation that the prosecutors of the local district court prosecutors' office are in charge of supervision and protection of the prisoner is given to the prisoner, and the prisoner shall be informed of reporting to the prosecutors of that ditrict count's prosecutors' office within 24 hours of release. The certificated of parole, besides denoting prisoner's name, age, home address, offences committed, sentence duration, the date on which documentation sequence is given, remaining period of sentence, agency issuing the certificate, and dates, shall indicate procedures that must be followed during the parole period on the back of the certificate.
After the prisoner has filed a request for prole, and at the times prior to the release the prisoner commits a serious offence of behavioral regulations, the prison shall report to the Ministry of Justice to withdraw the approval for parole after the Parole Review Committee has reached a resolution.
Article 90
Prison shall be in cloce contact with the probation officers in charge of the supervision and protection during the period of parole.
Chapter 13 Release and Aftercare
Article 91
Individual instructions shall be held at the times of discharge, in addition to checking the name of the prisoner and verify the identification pricture and fingerprint.
Article 92
At the times of discharge, types of aftercare the prisoner requires shall be distinguished, in addition to negotiating with local aftercare organization for assistance.
Chapter 14 Death
Article 93
In circumstances where the prisoner dies in prison or hospital transferred, the preservation of the corpse shall be carefully supervised.
Aftre prisoner dies, his/her death certificate shall be filed to the governing authority.
Article 94
Prison shall negotiate with local authorities to allocate a part of public graveyard for the burial of deceased prisoner.
For deceased prisoner who is buried by the prison, a tombstone encrypted with his/her name and the date of death shall be put up before his/her grave, in addition to the registration of the death record in a logbook.
Chapter 15 The Execution of Capital Sentence
Article 95
At the time prior to the execution of death penalty, prisoner's relatives shall be notified.
Article 96
Prison shall compose a record with name and identification for the prisoner who is about to receive the death pranlty.
Chapter 16 Supplementary Provisions
Article 97
This Enforcement Rules is effective upon promulgation.
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