Chapter 4 Offender Treatment
Article 29
An Offender shall endure, and may not reject, the taking of his photos, the collection of his fingerprints, and the sampling of his deoxyribonucleic acid (DNA) conducted by a judicial police agency.
The central competent authority for the administration of police administrative affairs shall set up archives archiving the photographs, fingerprints, records of deoxyribonucleic acid (DNA) samples, and basic personally identifiable information of Offenders.
The content of the archives referred to in the preceding Paragraph shall be kept confidential and shall not be revealed, unless the law provides otherwise.
Regulations governing the taking of photographs, collection of fingerprints, and sampling of deoxyribonucleic acid (DNA) referred to in Paragraph 1 of this Article, as well as the content, management, and other relevant matters of the data referred to in Paragraph 2 of this Article, shall be formulated by the central competent authority for the administration of police administrative affairs.
Article 30
To prevent Sexual Assault Crimes committed across borders, the central competent regulatory authority may, when necessary, provide the personally identifiable information of an Offender to other countries in accordance with relevant laws, treaties, protocols, or agreements.
Article 31
The competent authority of the responsible special municipality or county (city) shall order an Offender to take physical and psychological treatment, counseling, or education, if any of the following occurs to an Offender, and an assessment of the said Offender finds it necessary to require the said Offender to take the respective physical and psychological treatment, counseling, or education:
1. the said Offender’s serving of his imprisonment sentence in full, the enforcement of rehabilitative measures for the said Offender, or the compulsory treatment prescribed in Article 37 or Article 38 for the said Offender, is completed. However, if the imprisonment sentence of the said Offender is commuted to community service, the enforcement of physical and psychological treatment, counseling, or education on the said Offender, as ordered by the competent authority of the responsible special municipality or county (city), starts after the said Offender’s imprisonment sentence is commuted to community service;
2. an order (by a court) placing the said Offender on parole;
3. an order (by a court) placing the said Offender on probation (suspension of sentence);
4. an order (by a court) exempting the said Offender from penalty;
5. a pardon (granted by the President) pardoning the said Offender; or
6. a court order suspending the compulsory treatment for the said Offender pursuant to the proviso of Paragraph 1, and Paragraph 6, of Article 38 of this Act or the proviso of Paragraph 2 of Article 91-1 of the Criminal Code.
The preceding Paragraph does not apply to one who has been deported or ordered to leave the territory after committing a crime.
The duration for an order subjecting an Offender to take physical and psychological treatment, counseling, or education prescribed in Paragraph 1 of this Article shall be less than three (3) years. However, the competent authority of the responsible special municipality or county (city) may extend the duration of an abovementioned order for no more than one (1) year when the said competent authority, following an assessment of the said Offender, finds it necessary to subject the said Offender to remain taking compulsory treatment; whereas, if the said competent authority finds it unnecessary to subject the said Offender to remain taking compulsory treatment, the said competent authority may suspend the enforcement of the said order.
If, during the period of registration or reporting of an Offender (who is, following an assessment on the said Offender by the competent authority of the responsible special municipality and county (city), no longer required to take physical and psychological treatment, counseling, or education ordered by the said competent authority), the said competent authority, following an assessment on the said Offender, finds it necessary to once again require the said Offender to take physical and psychological treatment, counseling, or education, the said competent authority should order the said Offender to remain taking physical and psychological treatment, counseling, or education; provided that, the duration of the abovementioned compulsory treatment (ordered before and after the aforesaid suspension) shall be combined and taken as a whole, and shall not exceed the maximum duration prescribed in the preceding Paragraph.
Paragraph 1 of this Article applies mutatis mutandis, in accordance with Paragraph 1 of Article 7 of this Act, to an Offender sentenced to detention or a fine for his commission of a crime prescribed in Paragraph 1 of Article 25 of the Sexual Harassment Prevention Act, while an order (ordering the said Offender) to take physical and psychological treatment, counseling, or education shall be enforced (against the said Offender) when a court judgment convicting the said Offender becomes final.
Paragraphs 1 to 3 of this Article may, if necessary, apply mutatis mutandis to an Offender who has been subject to protective measures by a ruling of a court pursuant to the Juvenile Justice Act.
Article 32
The competent authority of the responsible special municipality or county (city) shall order an Offender placed on deferred prosecution for a Sexual Assault Crime with a ruling of deferred prosecution that has become final to take physical and psychological treatment, counseling, or education, if the said competent authority finds it necessary, based on an assessment conducted by an assessment team of the said competent authority on the said Offender, for the said Offender to take physical and psychological treatment, counseling, or education.
Article 33
The assessment(s) referred to in Paragraphs 1, and 3 to 6 of Article 31 of this Act, and in the preceding Article, shall be conducted by the assessment team(s) set up by the competent authority of the responsible special municipality or county (city). However, an assessment of an adult inmate serving his imprisonment term shall be conducted by the assessment team(s) set up by the prison authority. An assessment of a juvenile inmate or a juvenile receiving correctional education shall be conducted by the assessment team(s) set up by the correctional schools.
Regulations governing the composition of the assessment team(s) referred to in the preceding Paragraph, the content, standard(s), and procedure(s) of assessment(s) referred to in Paragraphs 1, 3, and 4 of Article 31 of this Act, and the content, standard(s), procedure(s), and durations of physical and psychological treatment, counseling, or education referred to in Paragraphs 1, 3, and 4 of Article 31 of this Act, and other relevant matters, shall be formulated by the central competent authority after consulting the competent authorities for the administration of legal affairs and law enforcement.
Article 34
A probation officer may adopt one or more of the following measures as a treatment for an Offender placed on probation supervision:
1. a probation officer may conduct interviews with an Offender, pay visits to an Offender, and take supplementary measures such as group activities or questionnaire surveys;
2. if a probation officer observes any fact strongly indicating a probability of an Offender to further commit any offenses or the need for the reinforcement of counseling and probation, a probation officer may conduct intensive interviews with and frequently pay visits to the said Offender. A probation officer also may, if necessary, seek help from the police agencies for sending personnel to regularly or irregularly visit the said Offender;
3. if a probation officer observes any fact that seems to suggest that an Offender is using drugs, a probation officer may order the said Offender to take a urine test;
4. if a probation officer observes that an Offender has no permanent residence or that the residence of the said Offender is not suitable for the enforcement of probation, a probation officer may, after reporting the situation to and obtaining permission granted by a competent prosecutor, order the said Offender to reside at a designated residence;
5. if a probation officer observes that an Offender is in the habit of committing crimes at certain times or any fact strongly indicating a probability of the said Offender to further commit any offenses, a probation officer may, after reporting the situation to and obtaining permission granted by a competent prosecutor, order the said Offender to refrain from leaving his residence during the monitoring period without prior permission;
6. a probation officer may, after reporting the situation to and obtaining permission granted by a competent prosecutor, conduct a lie detector test on an Offender;
7. a probation officer may, after reporting the situation to and obtaining permission granted by a competent prosecutor, place an Offender under monitoring through technical equipment;
8. if a probation officer observes that an Offender has a fixed crime pattern or any fact strongly indicating a probability of the said Offender to further commit any offenses, a probation officer may, after reporting the situation to and obtaining permission granted by a competent prosecutor, order the said Offender to refrain from staying close to certain locations or people;
9. a probation officer may refer an Offender to relevant institutions or organizations to obtain appropriate treatment; or
10. any other necessary treatment.
A juvenile protection officer may adopt one or more of the measures set forth in the preceding Paragraph, except for those prescribed in Subparagraphs 4 to 8 of the preceding Paragraph, provided that the measure(s) adopted by the said juvenile protection officer shall not in any way be detrimental to the principles of juvenile protection, as a treatment to a juvenile taking physical and psychological treatment, counseling, or education pursuant to Paragraph 6 of Article 31 of this Act.
Regulations governing the carrying out, procedure(s), period(s), frequency, testing institution(s), and substances under test, and other relevant matters of a urine test referred to in Subparagraph 3 of Paragraph 1 of this Article, as well as regulations governing the responsible agencies (organizations), personnel, carrying out, procedure(s), and other relevant matters of a lie detector test referred to in Subparagraph 6 of Paragraph 1 of this Article, or of monitoring through technical equipment referred to in Subparagraph 7 of Paragraph 1 of this Article, shall be formulated by the competent authorities for the administration of legal affairs and law enforcement after consulting other relevant agencies.
Article 35
Following a notice by a competent prosecutors office to a police agency notifying of that an Offender placed on probation supervision and monitored through technological equipment has deliberately dismantled, damaged, concealed, or blocked the technical equipment for monitoring the said Offender, a judicial police officer or a judicial policeman may force the said Offender to go to the competent prosecutors office or any place designated by a competent prosecutor. The competent prosecutors office will send personnel to restore the technical equipment for monitoring the said Offender, and other relevant agencies will follow up on relevant matters according to the law.
Article 36
If an assessment team referred to in Article 33 of this Act conducts an assessment on an Offender taking physical and psychological treatment, counseling, or education in accordance with Paragraphs 1 and 4 of Article 31 of this Act, and finds that the said Offender is at risk of recidivism, the competent authority of the responsible special municipality or county (city) may submit relevant assessment reports to a competent prosecutor for the said prosecutor to file a petition (to the competent court), in accordance with Article 91-1 of the Criminal Code, for a court order to subject the said Offender to compulsory treatment or to remain taking compulsory treatment.
Article 37
If an assessment team of a correctional institution conducts an assessment on an Offender (after the said Offender has taken physical and psychological treatment, counseling, or education, but before the said Offender’s serving of his imprisonment term in full) and finds that the said Offender is at risk of recidivism while Article 91-1 of the Criminal Code is not applicable to the said Offender, the said correctional institution may submit relevant assessment reports to a competent prosecutor for the said prosecutor to file a petition (to the competent court) for a court order admitting the said Offender to a medical institution or any other designated institutions to receive compulsory treatment.
If an assessment conducted on an Offender after the said Offender has taken physical and psychological treatment, counseling, or education in accordance with Paragraphs 1 and 4 of Article 31 of this Act finds that the said Offender is at risk of recidivism, while Article 91-1 of the Criminal Code is not applicable to the said Offender, a competent prosecutor or the competent authority of the responsible special municipality or county (city) shall submit relevant assessment reports and file a petition to the competent court for a court order admitting the said Offender to a medical institution or any other designated institutions to receive compulsory treatment.
The competent authority of the responsible special municipality or county (city) shall, following the complete serving of imprisonment term of an Offender subject to compulsory treatment by an order issued by a court in accordance with (either of) the two preceding Paragraphs or following an Offender’s receipt of an aforesaid compulsory treatment order, transfer the said Offender to the place of compulsory treatment to receive treatment. The competent authority of the responsible special municipality or county (city) may, when necessary, coordinate relevant agencies to assist with the abovementioned transfer of the said Offender.
Article 38
The duration of (an order of) compulsory treatment referred to in the preceding Article shall be less than five (5) years. If an assessment conducted on an Offender subject to the aforesaid compulsory treatment before the expiry of the duration of (an order of) compulsory treatment referred to in the preceding Article finds it necessary to subject the said Offender to remain taking compulsory treatment due to no significant decrease of the said Offender’s risk of recidivism, a competent prosecutor or the competent authority of the responsible special municipality or county (city) may file a petition to the competent court for an order to extend the duration of the abovementioned compulsory treatment. The first extension (of the duration of the said compulsory treatment) shall be less than three (3) years, and each subsequent extension shall be less than one (1) year. However, if a competent prosecutor or the competent authority of the responsible special municipality or county (city) finds it unnecessary to subject the said Offender to remain taking compulsory treatment, the said prosecutor or the said competent authority might file a petition to the court for an order to terminate the said compulsory treatment.
If any of the circumstances prescribed in Paragraph 1 or Paragraph 2 of the preceding Article occurs after the abovementioned termination of compulsory treatment for an Offender, a competent court may issue an order admitting the said Offender to a suitable institution to remain taking compulsory treatment.
The duration of compulsory treatment referred to in the preceding Paragraph shall be combined with the duration of compulsory treatment enforced before the abovementioned termination of compulsory treatment.
During the duration or extended duration of compulsory treatment referred to in the three preceding Paragraphs, an assessment of an Offender for determining whether subjecting the said Offender to remain taking compulsory treatment is necessary shall be conducted at least once every year.
The responsible compulsory treatment institution shall, at least three months prior to the expiry of duration or extended duration of compulsory treatment referred to in Paragraph 1 of this Article, notify a subject of compulsory treatment, and a competent prosecutor or the competent authority of the responsible special municipality and county (city), of the outcome of compulsory treatment and finding of assessments.
After receiving a notification referred to in the preceding Paragraph, a subject of compulsory treatment may file a petition to the competent court for an order to terminate compulsory treatment.
If the competent authority of the responsible special municipality and county (city), following the said competent authority’s receipt of a notification referred to in Paragraph 5 of this Article, finds it unnecessary to subject a subject of compulsory treatment to remain taking compulsory treatment, or if the said competent authority receives a court order, referred to in the proviso of Paragraph 1 of this Article or the preceding Paragraph, terminating the said compulsory treatment, the said competent authority should hold a transition meeting on the arrangement of physical and psychological treatment, counseling, or education for the said subject of compulsory treatment, as well as matters related to the registration and reporting of the said subject of compulsory treatment, and also should provide enrollment (into school), employment, family support, and other care services to the said subject of compulsory treatment.
Article 39
Regulations governing the petitions, terminations, extensions, responsible agencies (organizations), treatment institutions, implementation procedure(s), method(s), sources of funding, the composition of an assessment team, and other relevant matters in connection with compulsory treatment referred to in the three preceding Articles shall be formulated by the competent authorities for the administration of legal affairs and law enforcement after consulting the central competent authority.
Article 40
Unless this Act provides otherwise, the Code of Criminal Procedure applies mutatis mutandis to the petitions, terminations, extensions, and court orders referred to in Articles 37 and 38 of this Act.
If any of the following occurs to an Offender who has not retained a defense counsel, a court shall appoint a public defender or a lawyer to defend the said Offender, and Paragraphs 2 and 4 of Article 31 of the Code of Criminal Procedure apply mutatis mutandis:
1. an Offender is unable to make a complete statement due to his physical or mental disability; or
2. any other circumstances where a court finds it necessary to appoint a defense counsel for an Offender.
Article 35 of the Code of Criminal Procedure shall apply mutatis mutandis to the circumstances referred to in the preceding Paragraph.
When a court receives a petition referred to in Articles 37 and 38 of this Act, the said court shall, unless apparently unnecessary, designate a date, summon the respective Offender(s), and notify the petitioner(s), defense counsel(s), and assistant(s).
On the date referred to in the preceding Paragraph, a petitioner may be present in court to state his opinion. However, if a court finds it necessary, a petitioner shall be present in court to state the grounds for his petition or present necessary evidence.
A court shall provide the presenting Offender, presenting defense counsel(s), and presenting assistant(s) with an opportunity to state their opinions. However, this does not apply to those who have been legally summoned, those who fail to appear without justification, or those who state their reluctance to be present.
Article 41
If any of the circumstances set forth in Paragraph 1 of Article 31 of this Act occurs to an Offender who commits an offense prescribed in Article 221, Article 222, Article 224-1, Paragraph 1 of Article 225, Article 226, Article 226-1, Subparagraph 2 of Paragraph 2 of Article 332, Subparagraph 2 of Paragraph 2 of Article 334, Subparagraph 1 of Paragraph 2 of Article 348, or any other special laws of the Criminal Code, the said Offender shall regularly report to the police agencies, as well as register with and update the police agencies information such as his identification, enrollment (into school), employment, vehicle registration information, and other related information. The duration for the abovementioned reporting and registration is seven (7) years.
If any of the circumstances set forth in Paragraph 1 of Article 31 of this Act occurs to an Offender who commits an offense prescribed in Article 224, Paragraph 2 of Article 225, Article 227, or Article 228 of the Criminal Code, the preceding Paragraph applies to the said Offender. The duration for the abovementioned reporting and registration is five (5) years.
The two preceding Paragraphs do not apply to one who has been deported or ordered to leave the territory after committing a crime or who was under eighteen (18) years old when committing a Sexual Assault Crime.
An Offender referred to in Paragraph 1 or Paragraph 2 of this Article shall bear with any visit regularly or irregularly conducted by the police agencies during the duration of reporting and registration of the said Offender. Moreover, the said Offender shall update any changes to any information registered with the police agencies within seven (7) days following the occurrence of any changes to the said information.
The preceding Paragraph applies mutatis mutandis to one who is convicted guilty of committing a Sexual Assault Crime by a final judgment rendered by a foreign court or by a court in the mainland China area, Hong Kong, or Macau, but has no final judgment rendered by a court with competent jurisdiction following a retrial for the said Sexual Assault Crime held in the Republic of China.
Article 42
An Offender placed on deferred prosecution for a Sexual Assault Crime with a ruling of deferred prosecution that has become final shall, during the period that the said Offender is taking physical and psychological treatment, counseling, or education, regularly report to the police agencies, as well as register with and update the police agencies information such as his identification, enrollment (into school), employment, vehicle registration information, and other related information.
An Offender referred to in the preceding Paragraph shall bear with any visits regularly or irregularly conducted by the police agencies during the duration of reporting and registration of the said Offender. Moreover, the said Offender shall update any changes to any information registered with the police agencies within seven (7) days following the occurrence of any changes to the said information.
The two preceding Paragraphs do not apply to an Offender who was under eighteen (18) years old when committing a Sexual Assault Crime.
Article 43
To safeguard the public interest and the safety of society, the items registered during the durations of registration and reporting referred to in the two preceding Articles may be accessed by particular personnel.
Regulations governing the procedure(s) and manner(s) of registration and reporting, as well as visit frequency, as referred to in the two preceding Articles, and the scope, content, responsible agencies, qualification and criteria of personnel with authority to access, access procedure(s), and other compliance requirements, as referred to in the two preceding Paragraph, shall be formulated by the central competent authority for the administration of police administrative affairs after consulting other respective central competent regulatory authorities.