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Article 1
The Regulation is promulgated pursuant to Article 20, Paragraph 7 of the Sexual Assault Crime Prevention Act (hereinafter referred to as the Act).
Article 2
The content of physical / psychological treatment or counseling education includes cognition education, psychological therapy, psychiatric therapy, or other necessary treatments and counselings.
Article 3
The physical / psychological treatment or counseling education shall be enforced by the central authorities of municipality or county (city) where the offender’s households are registered.
The central authorities of municipality or county (city) may hire and assign the following organizations, agencies or personnel (hereinafter referred to as the executive organization or personnel), to enforce the physical / psychological treatment or counseling education.
1. Hospitals with psychiatric out-patient department or psychiatric ward passed the hospital accreditation by the central health authorities
2. Psychiatric hospitals passed the hospital accreditation by the central health authorities
3. Professionals with medical personnel or social worker license or sexual assault prevention practice experiences.
4. Legally registered social organizations or agencies with sexual assault prevention practice experiences.
Personnel actually executing the physical / psychological treatment or counseling of the preceding paragraph shall accept relevant education and training not less than six hours every year according to the training program standard for progressive treatment personnel promulgated by central competent authorities.
Article 4
The prison or military prison shall establish assessment team for sexual assault crime inmate.
The central competent authorities of municipality or county (city) shall establish assessment team for sexual offender (hereinafter referred to as the Assessment Team).
The medical service team chief of Sexual Assault Crime Prevention Center of municipality or county (city) is designated as convener of the Assessment Team mentioned in the preceding paragraph. Furthermore, at least 5 psychiatrist, psychologist, social worker, probation officer, juvenile protection officer, expert and scholar who master the characteristics of sexual assault crime.
The provision of paragraph 1 shall apply to mutatis mutandis by the reformation education authorities.
Article 5
The assessment team when accessing the situation shall consider the related data on the written judgment, criminal records, family background, marital interaction, education, assessment of physical / psychological condition, treatment and counseling record, and offender’s assessment of the recommitting of a same crime. Unless there are enough evidence proving that he or she would not conduct the same crime again, or he/she has shown good performance of self-control, it is advised that the offender should accept physical / psychological treatment or counseling.
Article 6
Procuratorial organs shall provide written judgment of probation, written decision of deferred prosecution, execution instruction of completed fine and imprisonment, or instruction of commuting punishment to community service, criminal records and other relevant information to the central authorities of municipality or county (city).
Prisons or military prisons shall provide the treatment result report, recidivism danger assessment report, advice report of physical / psychological treatment or counseling together with written judgment, criminal records, direct and indirect investigation report, in-prison assessment report for the individual case, treatment records, counseling records, identification and other relevant information to the central authorities of municipality or county (city) of the domicile of the offender, two months before expiration of the sentence, or when parole has been revoked but yet released.
Under circumstances of Article 20, Paragraph 2 of this Regulation, the juvenile court shall provide the written decision or declaration of transcripts, criminal record and other relevant data to the central authorities of municipality or county (city) where the household registered or reformatory education authorities soon after the protective measure are finalized. However it shall not be provided if the criminal record and information is not for the juvenile’s personal interest or based on personal consent.
The Reformatory education authorities shall provide the written decision or declaration of transcripts, criminal record, assessment report and to the central authorities of municipality or county (city) two months before the expiration of the sentence of juvenile reformatory education of the preceding paragraph or suspension, or in the one week that the sanction ruling is remitted..
Under circumstances of Article 87 of Criminal Law, the procuratorial organs shall provide written judgment, criminal records, treatment records, identification and other relevant information to the central authorities of municipality or county (city) where the household registered one month before the period of protective measure expire or suspension, or in two weeks that the court receives or delivers the remitted sentence of protection execution .
Article 7
The central authorities of municipality or county (city) shall inform the offender promptly to establish the offender’s individual case data to the assigned place and at assigned time after receiving the data of Article 6, Paragraph 1, and convening of an assessment team meeting within two months.
The central authorities of municipality or county (city) shall arrange the offender promptly to accept physical / psychological treatment or counseling education after the receiving the data of the Paragraph 2 of Article 6, and enforce within one month after the offender is out of prison.
The central authorities of municipality or county (city) shall record clearly the assigned time and place when given the notices of the two preceding paragraphs. The notice shall be sent to the offender in written form.
The central authorities of municipality or county (city) may assign the relevant organizations, groups or personnel to handle the establishment of individual case data of Paragraph 1.
Article 8
The central authorities of municipality or county (city) shall decide the content and execution period of offender’s physical / psychological treatment or counseling education according to the recidivism danger assessment report and advice reports made by the Assessment Team.
The execution period of physical / psychological treatment or counseling should not be implemented for less than three months, implementing at least two hours for each month.
The execution period of physical / psychological treatment or counseling education of the preceding paragraph may be suspended after it is assessed to be unnecessary.
When making the decision according to Paragraph 1, there is no need for the central authorities of municipality or county (city) to request offenders’ opinions.
Article 9
The central authorities of municipality or county (city), according to Paragraph 1 of the preceding article, shall determine that the practical contents of the offender’s physical/psychological treatment or counseling should require the accompany of professionals, should these contents, involve psychological therapy or psychiatric therapy.
Article 10
The executive organizations or personnel shall draw up the appropriate treatment or counseling plan according to the assessment team’s treatment recommendations during the execution period of offender’s physical / psychological treatment or counseling. Records of each treatment or counseling should be recorded dutifully and submitted to the central authorities of municipality or county (city).
Article 11
The executive organizations or personnel shall submit the result report every six months during the execution period of offenders’ physical / psychological treatment or counseling; if the executive period is less than six months, the report shall be submitted within ten days before the executive period expires.
Where the executive organizations or personnel admit it is necessary to suspend or modify the content and execution period of offenders’ physical / psychological treatment or counseling, they shall report to the central authorities of municipality or county (city). The assessment team shall conduct a recidivism danger assessment and make treatment recommendations.
Article 12
Where offenders are imposed on protective custody, execution instruction of commuting imprisonment to community service ,deferred prosecution or service, central authorities of municipality or county (city) shall give the notice of execution record, result report, recidivism danger assessment, treatment recommendations of the two preceding paragraphs as soon as possible, to the executive protective custody, social community service, or probation of suspensed prosecution, juvenile courts or military (service) units.
Article 13
Where the offender is under probation, and during the execution period of offender’s physical / psychological treatment or counseling, after being assessed and admitted to be necessary to adopt the measures in the Article 20, Paragraphs 3, Subparagraph 2, 4 and 8, by the central authorities of municipality or county (city), the central authorities of municipality or county (city) shall submit the recidivism danger assessment report and treatment recommendations, treatment or counseling record, relevant data and specific advice to probation officer.
Article 14
In cases where the central authorities of municipality or county (city) cannot continue the offender’s assessment, physical / psychological treatment or counseling due to the offenders’ job, military service or other causes, it can be negotiated with the central authorities of municipality or county (city) where the offender actually reside, to assist the continuing process according to the actual conditions.
Article 15
The provisions of the Regulation may apply mutatis mutandis with respect to the execution of physical / psychological treatment or counseling under circumstances stipulated in Article 20, Paragraphs 2 and 6, unless otherwise specified by law or regulation.
Article 16
The Regulation shall come into force on January 1, 2012.