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Title: Regulations Governing the Detention of the Aliens CH
Amended Date: 2015-12-01
Category: Ministry of the Interior(內政部)
Article 1
The Regulations are enacted pursuant to Article 39 of the Immigration Act (hereinafter referred to as "the Act").
Article 2
Alien detention shall be implemented in alien detention centers, temporary detention centers set up by the National Immigration Agency of the Ministry of the Interior (hereinafter referred to as the "National Immigration Agency"), or other proper locations designated by the National Immigration Agency under necessary circumstances (hereinafter referred to as "the detention center").
Article 3
Upon entering a detention center, each detainee shall have a body security inspection, and have his/her fingerprint pressed and photograph taken by detention center officers. If the detainee is a woman, the inspection shall be conducted by female officers.
Male detainees shall be separated from female detainees in detention centers. If a detainee is found to be a transgender, he/she will be detained separately in a solitary room in detention center (according to the gender showing on his/her identification certificate).
Article 4
Except for daily necessities, articles carried by a detainee shall be examined and put in the custody of a detention center. A Personal Property Record shall be made by the duty officer upon receiving such articles. The articles shall be returned when the detainee leaves the detention center. For valuable items, a Valuable Personal Property Record shall be made. When the articles are considered not suitable for custody by the duty officer, the detainee shall be ordered to properly dispose such articles immediately. The above requirements shall also apply to articles mailed to the detainees.
To ensure the safety and management of the detention center, the center may inspect the detainee, articles he/she is carrying, or the detention area.
Article 5
Upon entering a detention center, detainees shall be informed of the regulations to be complied with, specified as follows:
1. No suicide, self-mutilation, or behavior injuring others life or body allowed.
2. No clamoring, quarreling, fighting, attacking the management, or escaping from the facility allowed.
3. No drinking or gambling allowed.
4. No hiding of prohibited items, contraband, or other dangerous goods.
5. No defying of management order or acting against the order of the detention.
6. No smearing, polluting, destructing, or damaging the public facility.
7. Detainees shall follow other compliance rules specified by the detention center.
The compliance rules referred to in the previous paragraph shall be posted at a clear spot in the detention center.
Article 6
When a detainee violates the rules as referred to in Paragraph 1 of the previous Article, the detention center shall first stop such behaviors and may take the following measures:
1. Admonitions.
2. Community service.
3. Phone call restrictions.
4. Visitation restrictions.
5. Solitary confinement.
When measures specified in Subparagraphs 2 to 5 are taken, the detention center shall issue a warning. The measures taken shall be justifiable and reasonable to minimize the risk of harm to the person in custody.
Article 7
If a female detainee requests to carry her child under three (3) years old, the request may be approved.
Article 8
In case a detainee contracts a disease, a doctor shall be employed or the detainee shall be sent to hospital for treatment. If the detainee contracts an infectious disease, the detainee shall be isolated and a local health authority shall be notified to discuss whether to put such a detainee in quarantine or have him/her treated or disinfected.
If the detainee prescribed in the previous paragraph needs to be hospitalized for treatment, personnel shall be sent by the detention center to the hospital to keep guard.
The medical expense mentioned in the Paragraph 1 (of Article 8) above shall be paid by the detainee. If the detainee is unable to pay the expenses, they shall be paid by the National Immigration Agency.
Article 9
Detention centers may hold various activities. Unless kept under solitary confinement, detainees may have time to do outdoor activities in appropriate places; however, such activities may be cancelled in cases of bad weather, safety concerns, or insufficient space in the detention center.
Article 10
The detainees may have visitations with relatives.
The relatives referred to in the previous paragraph shall bring the identification, contact information, and other necessary information to the detention center to apply for visitation. Once approved, the relatives shall comply with the following rules:
1. Visitation shall be conducted at the times and places designated by the detention center.
2. No prohibited items, contraband, or dangerous goods allowed.
3. Items given to a detainee may be approved after inspection and registration.
4. Orders from the staff or management of the detention center shall be obeyed.
5. The visitation is restricted to thirty (30) minutes; however, the official in charge of the detention center may approve an extension under special circumstances.
6. No acts against the order of the visitation allowed.
7. Other compliance rules stipulated by the detention center shall be followed.
Article 11
The detention center may refuse visitations or cancel approved visitations under the following circumstances:
1. The detainee has two (2) visitations on a same day.
2. The detainee has been restricted from visitation or put under solitary confinement.
3. The relatives of the detainee who apply for visitation have violated any of the rules in Article 10 and have refused to obey the directives of the staff or management of the detention center.
4. The relatives of the detainee who applied for visitation seem drunk, infected with a serious contagious disease, or mentally abnormal.
5. Due to managerial needs, the detention center deems visitations inappropriate.
Article 12
If a detainee is deceased or about to die of illness, his/her relatives, related persons, embassies of his/her country in the Republic of China, representative offices or authorized institutions shall be notified, unless such notification is impossible.
After a detainee is deceased, the National Immigration Agency shall notify his/her relatives, related persons, embassies of his/her country in the Republic of China, representative offices or authorized institutions to deal with the funerary affairs, pick-up the remaining items of the deceased, and pay for expenses resulting from funerary affairs; however, the National Immigration Agency may directly handle the funeral affairs under the following circumstances:
1. The person(s) or representatives do not take relevant actions within one (1) month after receiving written notification.
2. The NIA is unable to notify or deliver written notification and the detainee has been deceased for more than one (1) month.
Article 13
The Regulations shall be implemented after being promulgated.