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Title: Regulations for the Implementation of the Education to Prisoners CH
Announced Date: 2020-10-14
Category: Ministry of Justice(法務部)
Article 1
These regulations are established in accordance with Paragraph 4, Article 40 of the Prison Act.
Article 2
Prisons may provide supplementary education or senior high school continuing education (hereinafter referred to as Supplementary Education and Continuing Education of Prisons) independently or in collaboration with schools.
Prisons may collaborate with universities and colleges or open colleges to provide extension education or other types of education in accordance with the University Act, the Open University Establishment Act and other relevant laws and regulations.
The educations set forth in preceding two paragraphs shall be provided in prisons. When prisons provide educations in collaboration with schools, prisons shall sign cooperative agreements with schools and the agreements shall be submitted to Agency of Corrections, Ministry of Justice (hereinafter referred to as Agency of Corrections) for approval.
When prisons cease to provide or change education subjects or programs set forth in Paragraph 1, prisons shall put the matters forward 6 months before the start date of the academic year and prisons shall submit these matters to Agency of Corrections and authorities governing education for approval.
Article 3
The central authorities and the local authorities governing education at where the prisons locate, shall coordinate suitable teachers from neighboring schools and provide rewards to schools and teachers for their assistance and cooperation.
Article 4
Teachers in Supplementary Education and Continuing Education of Prisons shall have teaching certificates of each education levels and subjects.
Teachers of prison-collaborated universities and colleges or open colleges providing extension educations shall have one of the following qualifications: junior colleges teaching qualifications or above, professional technical qualifications or professional technical teaching qualifications.
Article 5
The Supplementary Education and Continuing Education of Prisons shall be conducted face-to-face or adopt the use of transmission media such as radio, television, information appliance or audio-visual equipment in prisons. Prisons shall decide the course plan in accordance with the course policy established by central authority governing education.
Regarding the course plan and its implementation, the central and local authorities governing education shall provide education and training, consultation and guidance and relevant resources based on the needs raised by schools.
In cases that prisons collaborate with universities and colleges or open colleges to provide extension education, such education shall be conducted face-to-face or adopt the use of transmission media such as radio, television, information appliance or audio-visual equipment in prisons. The collaborated schools shall decide the course plan and review the plan of each class in every academic year.
The prison security management, students’ needs of study and the goal of correctional education shall be taken into consideration to revise the programs reasonably for the implementation of each prison course plan at each education level.
Article 6
Unless otherwise provided in relevant prison laws and regulations or in contradiction to the nature of prison administration, the relevant laws and regulations established by the central authorities and the local authorities governing education at where the prisons locate, shall apply mutatis mutandis to matters such as teaching materials, learning assessments, study term, school roll management, issuance, voidance, and revocation of certificates of Supplementary Education and Continuing Education of Prisons.
In cases that prisons collaborate with universities and colleges or open colleges to provide extension education, the study and course credit certification shall be conducted in accordance with the University Act and Open University Establishment Act, and the relevant needs for prison administration shall be incorporated in the cooperative agreements.
Article 7
The funds for prisons for the provision of education at all levels shall be budgeted sufficiently on annual basis by prisons based on actual needs.
Article 8
Prisons may take into consideration the resources and equipment, the nature of prisons, prisoner’s behavior and individual condition and other aspects, to set requirements for prisoner’s participation in education of each level in the admission brochures of each academic year, and select suitable candidates.
The admission brochures of all-level educations of each academic year and the list of admitted candidates shall be submitted to the Agency of Corrections for record.
Article 9
The records made by the teachers on matters such as students’ scores, counseling, and behavior shall be kept in prisons as the basis or reference when deciding individual treatment plans.
Article 10
Unless otherwise provided in relevant prison laws and regulations or in contradiction to the nature of prison administration, the regulations governing study and school affairs established by the schools collaborated with the prisons in providing education at each level, shall apply mutatis mutandis, and the students shall be informed of the regulations when entering the schools.
The education for a student may be terminated and he/she may be transferred back to prison and continue serving the sentence, if his/her learning and daily life are considered as not suitable to continue the study after the assessment based on relevant prison laws and regulations, as well as relevant education laws and regulations established by the central authority and the local authority governing education at where the prison locates.
In termination of study under the preceding paragraph, the prison shall send written request to the collaborated school to handle matters regarding school roll, and inform the students in writing with reasons and relief procedures noted.
Article 11
Prisons shall award students who get good semester scores in accordance with relevant prison laws and regulations.
Article 12
Prisons shall create and update the list of teachers sent by collaborated schools at all levels, inform teachers of matters to be followed when conducting education in prisons and keep teachers safe while teaching.
Article 13
If the prison-employed teachers violate matters to be followed when conducting education in prisons, prisons shall handle the matters in accordance with contracts and relevant laws and regulations.
If the violation set forth in the preceding paragraph involves employed teachers of collaborated schools at all levels, prisons shall inform the collaborated schools as soon as possible and handle the matters in accordance with cooperative agreements and relevant laws and regulations.
Article 14
These regulations shall take effect as of July 15, 2020.