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Title: Rehabilitation Protection Act Enforcement Rules CH
Amended Date: 2003-02-14
Category: Ministry of Justice(法務部)
Article 1
These Enforcement Rules are laid down pursuant to Article 18 of the Rehabilitation Protection Act(hereinafter the "RPA").
Article 2
All the persons involving the Rehabilitation Protection business shall help the protected individuals be rehabilitated and sustain themselves under the spirit of benevolence.
Article 3
The Rehabilitation Protection Association shall operate the Rehabilitation protection business according to the law. The Association shall take responsibility in supervising and inspecting the business of its branch associations.
If any branch association is established, the Rehabilitation Protection Association shall dispatch a supervisor to survey the branch association at least one time a year. If necessary, the Rehabilitation Protection Associaion may dispatch a supervisor to survey the branch association in any time.
Article 4
The jurisdiction of the branch associations prescribed in Article 5 of RPA shall conform to that of the District Court. The rehabilitation guidance districts (hereinafter, guidance districts) in such jurisdiction shall conform to the administrative jurisdiction of each township or city.
Article 5
In case the Rehabilitation Protection Association establishes "industrial or skill-training institutions" pursuant to Article 8 of RPA, the Rehabilitation Protection Association may hire appropriate employees to serve as technical tutors. The Rehabilitation Protection Association shall also draft a project of operation and submit it to the Ministry of Justice for approval.
Article 6
The Rehabilitation Protection Association shall bestow an I.D. card of volunteer worker to each rehabilitation instructor . The list of rehabilitation instructors shall be submitted to the Ministry of Justice for the record.
The rehabilitation instructors shall avoid revealing the personal information of themselves or the protected individuals while performing their duties.
Article 7
The plan concerning the recruits, training, management, operation, guidance, inspection and the service items of the rehabilitation instructor shall be drafted by the Rehabilitation Protection Association according to the Volunteer Service Law and submitted to the Ministry of the Interior and the Ministry of Justice.
Article 8
The relative agencies shall give necessary assistance to the rehabilitation instructors while they are visiting in correction institutions the individuals who may be granted rehabilitation service according to Article 2 of RPA.
Article 9
The Ministry of Justice shall dispatch a supervisor to conduct the inspection over the Rehabilitation Protection Association at least one time a year.
Article 10
The Rehabilitation Protection Association shall draft an annual budget each year and submit it to the Ministry of Justice for approval.
Article 11
The accounting system and the accounting report procedure of the Rehabilitation Protection Association shall be worked out by the Association and submitted to the Ministry of Justice for approval.
Article 12
The Ministry of Justice shall award the ones who have made out standing contributions in operating rehabilitation protection business.
Article 13
The direct protection measures laid down in Article 11, subparagraph 1 of RPA are set forth as follows:
1. If a protected individual is in intense need of protective confinement, he/she may be temporarily sent to the protective confinement facilities established by the Rehabilitation Protection Association for a purpose of learning, engaging in various work for production or taking job skill training.
2. The Rehabilitation Protection Association or its branch Association may assign the protected individuals with working ability, based on the number of persons, to relative organizations or groups for taking short-termed job skill training under cooperation programs with. The Association may also transfer them to some organizations for taking certain vocational training.
3. The Rehabilitation Protection Association or its branch Association may transfer the aged, feeble, ailing, or disabled protected individuals to welfare or medical institutions for a purpose of settlement or taking necessary treatment.
Article 14
The Rehabilitation Protection Association or its branch Association shall inform the rehabilitation instructor with the written notice of protection and start taking protection measures, after receiving applications for protection or notices of protection, after deciding there exist the needs of protection as prescribed in Article 11, subparagraph 2 of the RPA.
In carrying out protection measures, the rehabilitation instructor may ask the Rehabilitation Protection Association or its branch Association to request correctional institutions for providing personal information of the protected individuals in case of necessity. The rehabilitation instructor may not disclose any such information.
If the Rehabilitation Protection Association or its branch Association finds out that the protected individuals under protective restraining are inclined to recommit crimes, they shall inform the public persecutor or the probation officer who exercises supervision over the operation of protective restraining.
Article 15
After receiving applications for protection or notices of protection, the Rehabilitation Protection Association or its branch Association shall examine the needs of protected individuals and apply one or more temporal protection measures as follows:
1. Subsidizing traveling fees;
2. Helping to buy or supply transportation tickets;
3. Subsidizing the expense of lodgment and the meal;
4. Helping to make household registration;
5. Subsidizing the expense of medical cares;
6. Offering loans of small amount;
7. Others necessary protection measures.
Article 16
The organizations prescribed in Article 12 of RPA shall assist the Rehabilitation Protection Association or its branch Association in operating rehabilitation protection business.
Article 17
The Rehabilitation Protection Association or its branch Association may retain specialists, scholars and appropriate persons with great zeal in public service and organize a consultative team in order to give advice for improving rehabilitation protection business or to assist the operation of rehabilitation protection business.
Article 18
When the Rehabilitation Protection Association or its branch Association suspends the protection measures for protected individual pursuant to Article 15 of RPA, and in case the protected individual is under protective restraining, the Rehabilitation Protection Association or its branch Association shall inform the public prosecutor or probation officer who exercises supervision over the operation of protective restraining.
Article 19
This Enforcement Rules shall enter into effect from the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China