Chapter 1 General Provisions
This Act is enacted to assist inmates to reform, cultivate their skills for adapting to social life and achieve correctional goals of prisons.
The competent authority under this Act is the Ministry of Justice.
The supervisory authority of prisons is the Agency of Corrections, Ministry of Justice.
The supervisory authority shall assign officials to inspect prisons at least once every quarter.
A judge of a juvenile court or prosecutor may visit juvenile correctional schools or prisons at any time when executing matters are related to punishment.
Inmates sentenced to imprisonment, short-term imprisonment, or labor services commuted from a fine shall be housed in prison unless otherwise stipulated by law.
An inmate sentenced to short-term imprisonment or labor services commuted from a fine shall be housed separately from those sentenced to imprisonment.
A juvenile inmate who is under eighteen years old shall be accommodated separately based on gender in a juvenile correctional school.
When a juvenile inmate turns eighteen years old but the remaining sentence is less than three months, he/she may be continuously accommodated in a juvenile correctional school until his/her sentence is expired.
An inmate over eighteen years old may, based on educational needs, be accommodated in a juvenile correctional school until he/she is twenty-three years old.
Where a juvenile inmate specified in the three preceding paragraphs turns twenty-three years old but has not completed his/her level of education, the juvenile correctional school may report to the supervisory authority to request approval and then accommodate the inmate till he/she completes the level of education.
The term “juvenile inmate” in this Act refers to inmates who were under eighteen years of age when they committed the crimes.
Where matters regarding the implementation of correctional education for juvenile inmates specified in Paragraph 1 to Paragraph 4 are provided in other laws, such other laws shall govern.
Prisons shall strictly demarcate the accommodation space of inmates based on gender.
Correctional officers must respect the dignity of inmates and protect their human rights in the performance of their duties without exceeding the limits on necessary actions that can be taken to achieve the desired correctional objectives.
Prisons shall not discriminate inmates based on race, skin color, sex, language, religion, political affiliation, national origin, ethnicity, social class, wealth, birth, disability or other status.
Prisons must protect the accessibility rights of inmates with disabilities in prison and take appropriate measures for reasonable accommodation.
Prisons must adopt active and appropriate methods and measures to ensure inmates understand the purpose of their treatment and punishment.
Prisons may not place inmates in solitary confinement for more than fifteen (15) days. Where a prison imposes solitary confinement on an inmate in the execution of its duties in accordance with laws, it shall regularly report to the supervisory authority and assign medical personnel to conduct continuous evaluation of the physical and mental conditions of the inmate. Where medical personnel deem the inmate unfit for continuous solitary confinement, the solitary confinement must be terminated.
To ensure the principle of transparency and protect the rights and interests of inmates, an independent external inspection panel shall be set up in prisons. The panel shall consist of three to seven members, each serving a term of two years without pay. The supervisory authority shall report the member candidates to the Ministry of Justice for approval before appointing the members.
The members specified in the preceding paragraph shall be selected from experts and scholars in the fields of law, medicine, public health, psychology, crime prevention and corrections, or human rights. Neither gender shall constitute less than one-third of all members.
The inspection panel shall conduct inspections and submit reports on matters related to the operations of a prison and the rights and interests of inmates quarterly. The prison shall submit such reports through the supervisory authority to the Ministry of Justice for reference and publish reports in an appropriate public manner where relevant competent authorities shall respond to and handle matters related to the report.
Regulations governing the qualifications, appointment (dismissal), inspection method, and authority of the inspection panel members specified in the three preceding paragraphs, the production, submission and publication period of inspection report, and other related matters shall be prescribed by the Ministry of Justice.
A prison may, upon the request of the media, allow the media access to appropriate locations for interviews or visits. It may also, upon the request of the public, allow the public access to appropriate locations for visits.
To achieve the goals of correctional treatment, a prison shall investigate relevant information of inmates.
To implement the aforementioned investigation, the prison may, within the necessary scope, collect, process, or use the personal information of each inmate, and request relevant authorities (agencies), legal entities, organizations, or individuals to provide related information, to which authorities (agencies), legal entities, organizations, or individuals must not refuse without a legitimate reason.
Regulations governing the scope, period, procedures, methods, review, and other requirements for the investigation of inmate information mentioned in Paragraph 1 shall be prescribed by the Ministry of Justice.