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

Print Time:2024/04/20 06:29
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Chapter Law Content

Chapter 4 Custody and Security
Article 18
To achieve the purpose of strict custody and security under Paragraph 1, Article 21 of the Act, Prisons shall make proper arrangements based on the nature of guarding, sentinel, patrolling, management and inspection functions.
Access to guarded areas shall be subjected to inspection. However, inspection may be waived in emergency situations or due to special events with the Prison Official’s approval.
Objects brought by Prison Officers or persons granted access to guarded areas by Prisons shall be placed in the locations designated by the Prisons, except objects that are allowed to be brought in by law or permission, or objects that are needed for the purposes of accessing guarded areas.
If any person under the preceding paragraph has any of the following events, the Prison may prevent the person from entering the guarded area or order the person to leave:
1. Refusal or evasion of inspection.
2. Bringing or using communications, photographing, video-recording or audio-recording equipment without authorization.
3. Drunkenness, suspected drunkenness or anomaly in physical or mental status.
4. Evasion, interference with or refusal of anti-epidemic measures adopted by the Prison in accordance with epidemic prevention legislations.
5. Other acts that jeopardize the order or security of the Prison.
Article 19
“Contraband” referred to under Paragraphs 1 and 3, Article 14, Paragraph 2, Article 72 and Paragraph 1, Article 74 of the Act, refers to any object that is prohibited or restricted from use in Prison. The supervisory authority may establish the types of contraband and the control rules in consideration of order, security and management factors.
Prisons shall publish the contrabands and the control rules under the preceding paragraph in proper manners for the knowledge of prisoners, Prison Officers and other persons granted access to guarded areas.
Article 20
To maintain the order and security of Prisons, prisons may require that prisoners wear certain outfits to facilitate identification.
Article 21
When the use of a guard instrument is approved under Paragraph 1, Article 24 of the Act, the dates, start and end time for the use of guard instrument on the prisoner, the reason for the use and the type and quantity of guard instrument used shall be recorded in the guard instrument record form, which shall be submitted to the Prison Official for approval.
Prison Officers shall observe the behavior of the prisoners at all times and shall stop the use of guard instruments when they are not necessary.
Article 22
“Riot” referred to under Paragraph 3, Article 23 of the Act means one of the following collective acts by 3 or more prisoners through means of violence or threat and resulting in the loss of security and management control in a Prison or rendering normal operation impossible:
1. Occupation of important facilities.
2. Control over Prison controlled keys, communications or other important security equipment.
3. Seize the aggressive equipment or other important equipment.
4. Hold prisoners, Prison Officers or other staff under duress.
5. Causing death or major injury to staff.
6. Other act that seriously jeopardizes the order or security of the Prison.
“Commotion” referred to under Paragraph 3, Article 23 and Subparagraph 3, Paragraph 1, Article 25 of the Act, refers to any act or omission by 3 or more prisoners that jeopardizes the order or security of a Prison, which scale has exceeded general act of violence or disturbance of order and which act has not stopped despite an order, but not yet reaching the situation of a riot.
Whether or not a situation under the preceding two paragraphs has reached a level where guard instruments should continue to be used in accordance with Paragraph 3, Article 23 of the Act shall be decided by the Prison in consideration of each situation; such use shall not exceed the necessary extent.
Article 23
Prisons shall follow Paragraph 1, Article 26 of the Act and maintain contact with the police authority or other relevant authorities. If required, Prisons may establish contact, support or assistance related programs or measures to facilitate actual operation.
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