Chapter 10 Safekeeping
Money and items brought in by inmates, obtained by inmates in prison, or delivered to them by outside parties shall be inspected and kept by the prison on behalf of the inmate. However, inmates may be permitted to use their money or items inside the prison, under the circumstance that it is deemed necessary and does not adversely affect the order or security of the prison. The money and items may also be reclaimed by other individuals as requested by the inmate.
Where an item in the preceding paragraph is perishable, dangerous, harmful, or unsuitable for storage, the prison may notify the inmate and destroy or discard the item or dispose it in other appropriate manners.
Money kept by the prison on behalf of inmates shall be deposited in a dedicated account except for a certain amount of money which will be retained as the revolving fund.
The interest accrued from funds in the dedicated account specified in the preceding paragraph shall be used for improving the welfare of inmates.
Regulations governing the delivery of money or items for inmates specified in the four preceding paragraphs, inspection, registration, safekeeping, use, destruction or discarding, disposal, return, review, use of interest accrued, amount of funds retained as revolving fund, and other requirements shall be prescribed by the Ministry of Justice.
Outside parties may deliver money, food, necessities, or other properties approved by the senior prison official to inmates.
The inspections conducted by the prison on money, food, necessities, or other property delivered by outside parties may not exceed the necessary extent.
Where an item is deemed during inspection in the preceding paragraph to adversely affect the order or security of the prison, its delivery may be limited or denied.
Regulations governing the means, time, number of times, types, amount, quantity, limitations and restrictions, and other requirements for the delivery of money, food, necessities or other properties specified in the three preceding paragraphs shall be prescribed by the Ministry of Justice.
A prison shall return money, food, and items delivered by outside parties in accordance with the preceding article if the sender or sender’s address is not clear, or if the inmate refuses to accept it. Where they cannot be returned and remain unclaimed six months after announcement, they shall be turned over to the national coffers, destroyed, or discarded.
A prison may destroy or discard items that are perishable, dangerous, harmful, or unsuitable for storage while awaiting collection or during the announcement period in the preceding paragraph.
Where the prison discovers while conducting inspection money or items held by an inmate without permission, the prison may turn them over to the national coffers, destroy or discard them, or take other appropriate actions in view of the circumstances. The same shall apply to money or items with unknown owners.
Money or items kept by a prison on behalf of an inmate shall be returned to the inmate upon his/her release. Where the inmate fails to reclaim the money or items, the prison shall notify the inmate and specify a deadline for reclamation.
A prison shall notify the successor of a deceased inmate to claim the money and items left by the inmate before a specified deadline.
Where there are multiple successors, the prison is only required to notify one such individual or allow one such individual to claim the property.
Where the existence of a successor or his/her address is unknown and cannot be notified, the prison shall post a public announcement and specify a deadline for collection.
Where an inmate has any of the situations specified in the subparagraphs below and fails to apply for the return of money or items left over by him/her at the prison, the money or items will be turned over to the national coffers, destroyed, discarded, or disposed by other appropriate means within six months from the date specified in each subparagraph below:
1. Where the inmate is released; the six-month period starts counting from the deadline specified in the notification under Article 80.
2. Where the inmate escapes, the six-month period starts counting from the date of escape.
3. Where the inmate is temporarily released in accordance with Paragraph 1 of Article 27 but fails to report in accordance with Paragraph 2 of the same article; the six-month period starts counting from the final date for reporting;
4. Where an inmate is deceased; the six-month period starts from the deadline for collection specified in the notification or public announcement under Paragraph 1 or Paragraph 3 of the preceding article.
The prison may destroy, discard, or dispose by other appropriate means items that are perishable, dangerous, harmful, or unsuitable for storage while awaiting collection or during the notification or announcement period specified in the preceding paragraph.