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Chapter Law Content

Chapter II Incarceration
Article 5
When processing admission of an individual subject to drug abuse treatment, the pertaining court order, official transfer order, and other necessary documents should be examined. Where any such document is missing, facility may refuse admission or demand submission of missing documents.
Article 6
Female illicit drug abusers under treatment may appeal to rear an infant child below the age of three during the period of drug abuse treatment; said appeal shall be granted.
After the aforementioned infant child shall reach the age of three, child shall be turned over to the care of individuals obliged to provide support other than the illicit drug abuser under treatment; where no such individual or other suitable guardian is available, the rearing of child may be extended for another six months. Where no suitable guardian shall be available thereafter, the drug abuser treatment center or the illicit drug abuser under treatment may apply for child settlement or assistance with the child welfare authorities under Article 17 Paragraph 1 of the Child Welfare Act.
Provisions of the preceding two paragraphs shall likewise be applicable to a child delivered by an illicit drug abuser under treatment in the drug abuser treatment center.
Article 7
All individuals subject to drug abuse treatment admitted for incarceration shall undergo a health examination. Illicit drug abusers diagnosed to be afflicted with the following conditions shall be refused admission:
1. Notifiable communicable diseases and drug abuse treatment may likely cause cluster infection;
2. Poor activities of daily living as a result of senility or physical or mental disability;
3. Chronic disease that may likely be aggravated or fatal during incarceration;
4. Pregnant for more than five months or longer on the way or recent child delivery less than two months ;
Individuals who are refused admission under the foregoing reasons shall be turned over to the custody of a guardian, legal representative, next of kin, hospital, or other suitable facility under the discretion of the prosecutor or the juvenile court (juvenile division of a district court).
Where the factor causing admission refusal stated in paragraph 1 is no longer existent, the individual subject to drug abuse treatment shall be notified to report to the drug abuser treatment center for drug abuse treatment.
Article 8
It is imperative that the drug abuser treatment center thoroughly obtain specifics of personal information of illicit drug abusers under treatment, such as educational attainment, experience, conduct, physical and psychological conditions, family background, religious affiliation, social relationships, and other information for the establishment of the personal record which shall provide reference during the enforcement of the drug abuse treatment.
Article 9
During the admission of an illicit drug abuser under treatment, the body, clothes, and objects carried by the illicit drug abuser under treatment should be inspected, and fingerprint specimens and photograph records of the illicit drug abuser under treatment should be processed. The same procedures may be instituted at any instant of the drug abuse treatment period that such inspection or processing shall be necessary.
Where the illicit drug abuser under treatment is female, the foregoing procedures shall be executed by a female administrative staff.
Article 10
An illicit drug abuser under treatment should be informed of the treatment procedure and the rules to be observed during the processing of his/her admission.