The Regulations herein are enacted pursuant to Article 20, Paragraph 8 of the Sexual Assault Crime Prevention Act.
Against the sexual assault offender, who is under probation/parole supervision (hereinafter referred to as "examinee"), any polygraph examination undertaken shall be pursuant to the Act, and the conduct of which shall be initiated under the permission obtained by the probation/parole officer from the prosecutor or the military prosecutor.+
The polygraph examination as specified in the regulations herein refers to the procedure that an expert who had gone through professional and practical training and possesses professional knowledge and skills of conducting polygraph examination (hereinafter referred to as “polygraph examiner”) records biological responses of an examinee by using the polygraph equipment to analyze accordingly whether the allegation made by the examinee is true.
After holistic review of the relevant information about the condition of the probation/parole supervision, and the result of the evaluation and treatment made by the correctional institutions and the sexual assault prevention center or by the survey conducted by the police agency, the probation/parole officer may, by obtaining the permission from the prosecutor or the military prosecutor undertake polygraph examinations on the examinee, where the probation/parole officer deems it necessary.
When the probation/parole officer applies to the prosecutor or the military prosecutor for permission to conduct polygraph examinations on the supervised offender, the officer shall submit the following information in written form:
1. Name and background information of the examinee;
2. Grounds for undertaking the polygraph examination;
Whenever the district prosecutors office or the district military prosecutors office decides to undertake polygraph examination, the polygraph examination shall be conducted by the polygraph examiners, by other experts, hospitals or the relevant institutions/organizations which have polygraph examiners (hereinafter referred to as "polygraph institutions/organization") so entrusted by the aforementioned prosecutors office.
The polygraph examiner shall not participate in the probation/parole supervision, the evaluation and the treatment of the examinee.
When the district prosecutors office or the district military prosecutors office entrusts a polygraph examiner or polygraph institution/organization as specified in Article 6 to conduct the polygraph examination, the prosecutors office shall provide such expert or polygraph institution the following information as references:
1. Name, gender, date of birth, number of the national ID card, domicile, educational background, occupation, psychological and physical status, or any other discernible characteristics of the examinee;
2. Information regarding the probation/parole supervision;
3. Relevant information about the evaluation and treatment on the examinee;
4. Any other necessary information.
Upon acceptance of an entrusted polygraph examination task, the polygraph examiner so entrusted shall schedule the examination immediately and inform the authority that has entrusted the task. The authority thereof shall notify the examinee to go to the specified location to take the polygraph examination.
The polygraph examiner conducting the polygraph examination may invite the probation/parole officers, treatment practitioners, or counseling education workers to exchange information or opinions concerning the examinee and shall take any advantageous or disadvantageous situations regarding the examinee into consideration.
If the polygraph examiner so entrusted deems it not appropriate to conduct the polygraph examination out by its professional assessment, this expert shall inform the probation/parole officers immediately. If the examinee refuses to take the polygraph examination, the aforementioned act of immediate report shall also be followed.
After finishing the polygraph examination, the expert or polygraph institution/organization shall make a written report to the district prosecutors office or district military prosecutors office which entrusted the task.
The report of the polygraph examination shall specify the time, location, techniques, the process and the result of the examination. The polygraph chart and the qualifications of the polygraph examiner shall also be attached in the report.
Whatever the personal data or information concerning the result of the polygraph examination is made known to the polygraph examiner or the polygraph institution/organization, the examiner or the institution/organization shall not disclose such information acquired during its course of duty.
For the reference of the sexual assault prevention center, physical and psychological treatment, executive personnels of the counseling education or police office, the probation/parole officers may, by the permissions of the responsible prosecutors or military prosecutors, present the report in the Community Control Counseling Network Meeting.
The Regulations herein shall be effective on January 1, 2012.
The articles of the Regulations amended herein as of May 31, 2016 shall be implemented from December 23, 2015.
The articles of the Regulations amended herein as of September 12, 2018 shall be implemented from May 25, 2018.