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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/25 05:43
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Chapter Law Content

Chapter 2 Establishment of Reformatory Schools
Article 10
The Ministry of Justice shall separately establish Reformatory Schools for those subject to imprisonment and those subject to reformatory education.
The establishment and jurisdiction of the institutions referred to in the preceding paragraph shall be prescribed by the Ministry of Justice.
Article 11
Reformatory Schools shall be established in the form of junior high schools. When deemed necessary, vocational divisions or elementary departments may be concurrently established. The institutions shall be named as some Junior High School.
Upon requirements, the Reformatory Schools may, in conjunction with the competent authorities governing occupational training, handle occupational training.
Article 12
A Reformatory School shall establish divisions of academic affairs, disciplinary affairs, counseling, and general affairs, a security brigade, and an infirmary. Divisions with busy works may establish sections.
Article 13
The academic affairs division shall take charge of the following affairs:
1. Drafting the education enforcement plan;
2. Affairs concerning the enrollment, class and grade arrangement, and curriculum compilation;
3. Affairs concerning internship guidance and industry cooperation;
4. Planning and enforcing the training and examination of Students' skills;
5. Assessing Students' performances of schoolwork and skill training;
6. Administering the library and reviewing Students' reading materials;
7. Designing and compiling the publications of the Institution;
8. Supplying teaching facilities, tools, and library materials and researching on teaching;
9. Handling counseling operations in cooperation with the counseling division; and
10. Other relevant academic affairs.
Article 14
The disciplinary affairs division shall take charge of the following affairs:
1. Drafting the disciplinary enforcement plan;
2. Guiding and disciplining Students' lives and morals:
3. Reviewing the progressive treatment of Students;
4. Suggesting and reporting Students' parole or the exemption or cease of enforcement;
5. Affairs concerning Students' discipline, rewards, and punishments;
6. Affairs concerning Students' physical training;
7. Affairs concerning Students' extracurricular activities;
8. Implementing student guidance in cooperation with the counseling division; and
9. Other relevant disciplinary affairs.
Article 15
The counseling division shall take charge of the following affairs:
1. Drafting the counseling enforcement plan;
2. Establishing the counseling data of Students;
3. Investigating, gathering, and studying Students' cases;
4. Enforcing and deliberating various mental tests concerning Students' intelligence, aptitude, and personalities.
5. Comprehensively studying, analyzing, and assessing Students' cases;
6. Enforcing affairs concerning student guidance and consultation;
7. Reviewing the performances of student consultation and guidance;
8. Compiling counseling publications;
9. Social contact affairs concerning home interviews, parent education, and follow-up counseling and rehabilitation protection after the Students leave the Institution;
10. Reporting, revising, and studying the performance of counseling work; and
11. Other planning and enforcing affairs regarding student counseling and social resource utilization.
Article 16
The general affairs division shall take charge of the following affairs:
1. Receiving, delivering, drafting, and safekeeping documents;
2. Affairs concerning the custody of seals;
3. Compiling and administering affairs concerning student fingerprints, photos, name register books, and identity books;
4. Affairs concerning the disbursement and receipt of expenditures;
5. Affairs concerning the supplies and provisions of student uniforms and books;
6. Constructing and repairing buildings;
7. Affairs concerning the procurement, distribution, and safekeeping of articles;
8. Affairs concerning the procurement and safekeeping of machinery and materials for skill training;
9. Registering matters when students enter and leave the Institution;
10. Handling the death of Students and the things left behind by the deceased; and
11. Other affairs that do not belong to other divisions, brigades, or offices.
Article 17
The security brigade shall take charge of the following affairs:
1. Affairs concerning the patrol and security protection of the Reformatory School;
2. Student guard and escort outside the Institution;
3. Handling affairs in the event of natural disasters, accidental outbreaks, escapes, and other emergencies;
4. Safekeeping and utilizing weapons and disciplinary implements;
5. Affairs concerning the distribution and enforcement of security duties; and
6. Other affairs related to security guard.
Article 18
The infirmary shall take charge of the following affairs:
1. Drafting the Institution sanitation plan and inspecting and directing the sanitation of the facilities and environment;
2. Affairs concerning physical examinations, treatments of diseases and illness, epidemic prevention, and health consultation.
3. Administering Students' health information;
4. Guiding and correcting Students' mental hygiene;
5. Affairs concerning the dispensing and reserve of medicines and the procurement and administration of medical and examination equipment;
6. Affairs concerning the administration of wards and the training of nursing;
7. Affairs concerning the report and notification of student diseases and deaths; and
8. Other relevant medical affairs.
Article 19
A Reformatory School shall have one principal, appointed, to oversee the Institution's affairs. Such a principal shall be selected from those who have served as a senior high school principal or possess the qualifications of a senior high school principal and have the knowledge and experience related to juvenile correction.
The appointment of the principal shall be done by the Ministry of Justice. The Act of Educational Personnel Recruitment and relevant provisions shall apply mutatis mutandis.
Article 20
A Reformatory School shall have a deputy principal with a civil service rank of grade nine (9) to assist in the Institution's affairs and shall meet one of the following qualifications:
1. Having served or presently serving at a remedial agency as the deputy chief or secretary and possessing the knowledge and experience of juvenile correction with superior performance;
2. Having served at a middle school as the school director for more than three (3) years and possessing the qualifications of civil service with superior performance; or
3. Having served as a recommendation position at judicial administration work for more than three (3) years and possessing the knowledge and experience related to juvenile correction.
Article 21
A Reformatory School shall have a dean of academic affairs, a dean of disciplinary affairs, and a dean of counseling, who are concurrently serving as the Institution's teachers and counselors.
Article 22
The General Teaching Department and Special Teaching Department of a Reformatory School shall have teachers and counselors, on teacher and one counselor for each class, appointed in accordance with the Teacher Act and the Act of Educational Personnel Recruitment. Upon requirements, the Ministry of Justice may stipulate additional qualifications for counselors.
Each class shall have a tutor concurrently served by the teacher referred to in the preceding paragraph.
Upon requirements of teaching and other special purposes, a Reformatory School may appoint adjunct teachers, military training instructors, nursing teachers, and occupational trainers.
Article 23
Instructors shall be responsible for the instruction and administration of Students' daily lives and supervision of schoolwork and shall assist counselors in relevant affairs concerning rehabilitation and assessment, aptitude and behavior counseling, and social contact.
Instructors that meet one of the following qualifications shall be selected preferentially:
1. With specialties in juvenile correctional education; or
2. With specialties in social work or equivalent experience in practice.
Article 24
A Reformatory School shall have one (1) secretary with a rank of grade eight (8) to grade nine (9); one (1) dean of general affairs and one brigade leader both with a rank of grade seven (7) to grade nine (9); thirty (30) to forty-five (45) instructors with a rank of grade six (6) to grade eight (8); seven (7) to thirteen (13) section members and one (1) assistant technical specialist with a rank of grade five (5) or grade six (6) to grade seven (7); three (3) to five (5) sergeants with a rank of grade four (4) to grade five (5) , of whom two may have a rank of grade six (6); twenty-one (21) to thirty-five (35) officers and four (4) to six (6) clerks with a ranks of grade three (3) to grade five (5); and three (3) to five (5) associate clerks with a rank of grade one (1) to grade three (3)
The infirmary shall have one (1) dean with a rank of grade seven (7) to grade nine (9); one (1) doctor with a rank of grade six (6) to grade eight (8); one (1) medical inspector, one (1) pharmacist, and one (1) professional nurse with a rank of grade five (5) or grade six (6) to grade seven (7); and one (1) nurse with a rank of grade three (3) to grade five (5).
Article 25
If a section is established pursuant to Article 12 hereof, the said section shall have a section chief concurrently served by a teacher or personnel of recommended position without grading. However, if the disciplinary affairs division has a female section, the section chief shall be concurrently served by a female instructor.
Article 26
A Reformatory School shall establish a personnel office with one (1) chief personnel officer with a rank of grade seven (7) to grade nine (9). With simpler operations, personnel officers with a rank of grade five (5) to grade seven (7) may be arranged to handle personnel management affairs in accordance with the law. The remaining necessary working personnel shall be assigned within the personnel quota prescribed herein.
Article 27
A Reformatory School shall establish an accounting office with one (1) chief accounting officer with a rank of grade seven (7) to grade nine (9). With simpler operations, one (1) accounting officers with a rank of grade five (5) to grade seven (7) may be arranged to handle annual budget, accounting, and statistical affairs in accordance with the law. The remaining necessary working personnel shall be assigned within the personnel quota prescribed herein.
Article 28
A Reformatory School shall establish a civil service ethics office with one (1) chief civil service ethics officer with a rank of grade seven (7) to grade nine (9) to handle ethics-related affairs in accordance with the law. The remaining necessary working personnel shall be assigned within the personnel quota prescribed herein. With simpler operations, the ethics-related operations may be comprehensively handled by the civil service ethics agency subordinate to the superior agency of the Reformatory School.
Article 29
The provisions of the Act of Educational Personnel Recruitment shall apply or be applicable mutatis mutandis with regard to the rights and obligations of the appointed personnel and personnel management affairs.
Those who participate in the correctional education as referred to in the preceding paragraph shall be given special reward and additional payments. Regulations governing the reward and additional payments shall be drafted by the Ministry of Education in conjunction with the Ministry of justice and shall be reported to the Executive Yuan for approval.
Article 30
The personnel with ranks and grades specified in Articles 20, 24, and Articles 26 to 28 hereof shall be assigned in accordance with applicable title classifications provided in Article 8 of the Civil Service Employment Act.
Article 31
With regard to the forty-nine (49) teachers and thirty (30) disciplinary instructors hired by the juvenile reformatory school before the Act is enforced, those who do not meet the qualifications of appointment may fill the job vacancies of instructors referred to in Article 24 by the original means of appointment and remain in employment till they resign or meet the qualifications of appointment.
Personnel that remain in employment as referred to in the preceding paragraph shall receive and pass the professional training held by the Ministry of Justice in advance. With regard to those who fail the training, if their employment contracts expire before the reformatory school completes the establishment of the Reformatory School, they may remain in employment till the contracts expire; if their employment contracts expire after the Reformatory School is established, they may remain in employment till the establishment of the said Reformatory School is complete.
The professional training as referred to in the preceding paragraph shall be held one at a time within three (3) years after the Act is promulgated by the Ministry of Justice. Each person may only attend the training once. Regulations governing the professional training shall be prescribed by the Ministry of Justice.
With regard to the twelve (12) associate technical specialist and nine (9) technicians hired by the original juvenile reformatory school before the Act is enforced, those who do not meet the qualifications of appointment may fill the job vacancies of assistant technical specialist, officers, clerks, or associate clerks referred to in Article 24 by the original means of appointment and remain in employment till they resign or meet the qualifications of appointment.
The personnel referred to in Paragraph 1 and Paragraph 4 that meet the qualifications of other posts shall be preferentially reassigned.
With regard to the ninety-six (96) junior clerks hired by the original juvenile reformatory school before the Act is enforced, those who do not have the qualifications of civil service may fill the job vacancies of officers or associate clerks referred to in Article 24 remain in employment till they resign.
The successive employment and reassignment of the personnel referred to in Paragraph 1, Paragraph 4 and the preceding paragraph shall be handled in accordance with the stages of the establishment of the Reformatory School prescribed in Article 83 hereof.
Article 32
A Reformatory School shall establish a governing board consisting of the principal, deputy principal, secretary, deans of all divisions and offices, the entire full-time teaching staff and counselors or their representatives along with the instructors. The governing board shall be chaired by the principal to discuss major innovations. The governing board shall be convened at least once per semester. When deemed necessary, a provisional meeting may be held.
Article 33
A Reformatory School shall establish a student treatment review committee which shall consist of the principal, deputy principal, secretary, dean of academic affairs, dean of disciplinary affairs, dean of counseling, dean of general affairs, dean of infirmary, and one-fourth of the tutors as their representatives and shall be chaired by the principal.
Affairs regarding student progressive treatment, the exemption or cease of enforcement of reformatory education, and other major treatments shall be decided through the resolution of the review committee of student treatment. If deemed necessary, relevant instructors may be invited to attend the meeting for explanation. When it is necessary to urgently impose a disposition, such a disposition may be done by the principal first then reported to the student treatment review committee for the record.
Meeting rules of the student treatment review committee shall be prescribed by the Ministry of Justice.
Article 33-1
A Reformatory School shall establish a parole review committee, which shall consist of seven (7) to eleven (11) commissioners. Besides that the principal, dean of disciplinary affairs, and dean of counseling are the absolute commissioners, the rest commissioners shall be occupied by those scholars and experts of psychology, pedagogy, sociology, criminology, and prisons and other impartial personages, after reported to the Ministry of Justice for approval by the principal.
With regard to the student parole, Students may leave the Institution on their paroles after the decision is reviewed by the resolution of the parole review committee and reported to the Ministry of Justice for approval.
Article 34
A Reformatory School shall establish an academic affairs board consisting of the dean of academic affairs, dean of disciplinary affairs, dean of counseling, and the representatives of the full-time teachers and counselors. The board shall be chaired by the dean of academic affairs to discuss major academic affairs.
Article 35
A Reformatory School shall establish a disciplinary affairs board consisting of the dean of disciplinary affairs, dean of academic affairs, dean of counseling, dean of infirmary, entire tutors, counselors, and instructors. The board shall be chaired by the dean of disciplinary affairs to discuss major disciplinary affairs.
Article 36
A Reformatory School shall establish a counseling board consisting of the dean of counseling, dean of academic affairs, dean of disciplinary affairs, dean of infirmary, entire counselors, tutors, and instructors. The board shall be chaired by the dean of counseling to discuss major counseling affairs.
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