The Regulations herein are enacted pursuant to Article 20, paragraph 8 of the Sexual Assault Prevention Act (hereinafter referred to as “the Act”).
The sexual assault offender, who is under probation/parole supervision, where the probation/parole officers obtains the permission of the prosecutor or the military prosecutor, should be placed under electronic monitoring (hereinafter also referred to as "the monitored offender"), such monitoring program shall be executed according to the Regulations herein.
The electronic monitoring in the Regulations herein refers to a program using gadget, equipment or an integrated system therein to assist in verifying, during the period of monitoring time, whether the monitored offender follows the condition to stay in the appointed resident location, restrict him/her from entering a specified location or approach protected people, and to record the data concerning his/her whereabouts and entering into certain monitored locations at the monitored time, whereby signals are transmitted to notify the district prosecutors office or the district military prosecutors office.
The electronic monitoring in the Regulations herein shall be commanded and executed by the prosecutor or the military prosecutor.
For the purpose of the electronic monitoring, the responsible authorities shall install essential equipment, set up a monitoring center and retain personnel where necessary.
For the purpose of the enforcement of electronic monitoring, the prosecutors offices or military prosecutors offices may ask the responsible authority for telecommunication and relative private sectors to cooperate and to provide relevant resources, and may also entrust relevant institution/organization to construct electronic monitoring devices and to provide the professional technical support.
Any expense incurred from the installation of devices or from the technical support service specified in Article 5, unless otherwise stipulated, shall be paid by the entrusting authority.
After holistic review of the relevant information about the previous conviction of the sexual assault offender who is under probation/parole supervision, the condition of the probation/parole supervision thereof, the survey conducted by the police office, and the results of the evaluation and treatment made by the rehabilitation institution and the sexual assault prevention center (hereinafter referred to as "the prevention center"), the probation/parole officer may elect to apply to the prosecutor or the military prosecutor for permission to enforce the electronic monitoring.
Monitoring period stipulated for the electronic monitoring prescribed in the previous paragraph should be started from the date permitted by the prosecutor and until the termination date of the parole/probation supervision imposed on the sexual assault offender The monitoring period shall be reviewed in every three months. The responsible probation/parole officer may elect to make a request to the prosecutor or the military prosecutor for permission to suspend the monitoring in accordance with Article 14, paragraph 1 of The Regulations herein.
The district prosecutors office or the district military prosecutors office, while executing the electronic monitoring, shall pay due regard to the reputation and safety of the monitored offender, and the monitoring employed shall be restricted to the minimum extent necessary.
While the prosecutor or the military prosecutor grants the permission pursuant to the Article 6 of the Regulations herein, a written order shall be issued accordingly which authorizes the electronic monitoring (hereinafter referred to as "the written order").
Such written order shall contain the following items:
1. Name, gender, date of birth, domicile, number of the National Identification Card;
2. Statute(s) on which such electronic monitoring authorization is based;
3. Toward which part of the monitored offender's body and the location of the place such electronic monitoring gadget and equipment will be installed;
4. The stipulated period and the hours during a day thereof such electronic monitoring will be applied;
5. The specific rules which the monitored offender shall obey and legal consequence where the monitored offender breaks such rules.
6. The legal consequence of violations.
The aforementioned written order in Article 8 of the Regulations herein shall be delivered to the monitored offender and the Taiwan High Prosecutors Office, the prevention center and the police shall also be informed.
The probation/parole officer may elect to request assistance from the relevant institutions/organizations to set up or remove the electronic monitoring equipment at the appointed location.
During the time of executing the electronic monitoring, the probation/parole officer shall visit and verify the condition of the electronic monitoring on the monitored offender. Such probation/parole officer may elect to inform the responsible authority to enforce the relevant laws where necessary.
The monitored offender shall obey the following rules:
1. Subjecting him or her to the installation or the removal of the electronic monitoring equipment at the appointed time and location;
2. Inhabiting and moving during the appointed period of time and within a defined area;
3. Under instructions by the probation/parole officer, and in accordance with the signals transmitted from the electronic monitoring equipment, making necessary actions or responses;
4. Never rejecting telephone interviews, and house inspection for the purpose of examining, repairing or checking the monitoring equipment in the monitored location by the probation/parole officer or the police;
5. Never removing, damaging, concealing or tempering the electronic monitoring equipment purposely or without permission;
6. Maintaining necessary functioning power of the electronic monitoring devices;
7. Never doing anything else, in addition to the above, to affect the function of the electronic monitoring equipment.
The district prosecutors office or the district military prosecutors office shall set up a signal-receiving device in connection with the electronic monitoring equipment for the purpose referred to in the Regulations herein.
Upon receiving an abnormal signal transmitted from electronic monitoring equipment occurs, the probation/parole officer shall ascertain and verify the signal immediately. Where the probation/parole officer deems that the monitored offender might be at the risk of running out of the controlled location, entering of restricted location, contact specific individual in violation of Article 20, paragraph 3, section 8 of the ACT, or violating the rules provided in the Regulations herein, after preliminarily analyzing and cross-checking the occurrence above, such probation/parole officer shall undertake appropriate action immediately.
The probation/parole officer may request the police office for assistance, where necessary.
Where the monitored offender deemed the conducts of the monitored offenders violating the rules stipulated in the Article 11, the probation/parole officer shall immediately report to the police and the prevention center. The aforementioned authorities and personnel therein having received the report shall deal with such case according to their authority.
The district prosecutors office shall appoint marshals whereas the district military prosecutors office shall appoint the officer in duty to receive the signal transmitted by the electronic monitoring devices and, upon receiving an abnormal signal.
Where the monitored offender encounters an emergency which puts his or her body, life, or safety in jeopardy, or any other unusual and urgent situations, and whereupon violates the rules in Article 11 of the Regulations herein during the time of electronic monitoring, such monitored offender shall, either in oral or in written form, report to the probation/parole officer with relevant documents within 5 days after the aforementioned emergency or situations.
During the electronic monitoring, where the probation/parole officer deems it no longer necessary to monitor the offender after reviewing the conditions of such offenders in receiving the physical and psychological treatment or completing the counseling education, relevant survey conducted by the police office, effects of the execution and the offender's condition, such probation/parole officer may elect to make a request to the prosecutor or the military prosecutor for permission to suspend the electronic monitoring.
After suspension, the probation/parole officer, if deems necessary, may again make a request to the prosecutor or the military prosecutor for permission to continue the electronic monitoring.
The probation/parole officer shall inform prosecutors or military prosecutors whenever the monitoring period is completed, the monitoring is suspended, or the monitored offender is passed away. The prevention center and the police office shall also be informed.
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 the date of promulgation.
The articles of the Regulations amended herein as of September 14, 2018 shall be implemented from May 25, 2018.