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Title: Prison Act CH
Category: Ministry of Justice(法務部)
Chapter 2 Admission
Article 10
When an inmate arrives at a prison, the prosecutors office responsible for supervision of execution shall prepare an execution instruction along with the judgment and other required documents and deliver them to the prison in a written format or via electronic transmission, or other suitable methods.
A prison may refuse to accept an inmate or notify the prosecutors office to provide supplemental documents if the documents in the preceding paragraph are not fully provided.
The required documents specified in Paragraph 1 for escorting a juvenile inmate to a juvenile correctional school or prison shall include documents covering the reason, motivation, and circumstances of the committed crime, education background, experience, physical and mental conditions, and other reference information that may be used for the treatment measures.
Article 11
Investigations shall be conducted on newly admitted inmates with regard to their personality, physical and mental conditions, experience, education background, and other relevant matters.
The aforementioned investigation shall not exceed two months.
The prison shall establish an individual treatment plan for each inmate in accordance with information obtained from investigations in Paragraph 1 within three months after admitting the inmate and the individual treatment plan shall be revised when necessary.
Article 12
Where the remaining sentence of a female inmate arriving at the prison or already being imprisoned is less than two months and she requests to bring her children under three years of age with her, the prison may allow the request.
Where the remaining sentence of a female inmate arriving at the prison or already being imprisoned is more than two months and she requests to bring her children under three years of age, the prison may submit relevant information to the social welfare authority of the municipal or county (city) government at the location of the children’s household registration. If the social welfare authority deems that it is in the best interest of the children after an evaluation, the prison may allow the request.
The evaluation period for the social welfare authority of the municipal or county (city) government shall be limited to two months and the evaluation report shall be delivered to the prison.
A prison may temporarily house the children of a female inmate arriving at the prison or already being imprisoned during the evaluation period specified in the preceding paragraph.
Children residing in prison with their mothers may stay until they are three years old at the most. However, if it is deemed by the social welfare authority mentioned in Paragraph 2 that it is in the best interest of the children to stay in the prison, the prison may extend their stay until the children reach three years and six months of age.
If a child residing in the prison has any of the following conditions, the prison shall notify the social welfare authority of the municipal or county (city) government at the location of the child’s household registration to conduct visit and evaluation, to arrange a transfer to other placement facilities, or take other necessary actions:
1. The child exhibits fear, social withdrawal, or other conditions that evidently indicate that accommodation in the prison is unsuitable for the child;
2. The child reaches three years of age or his/her extended accommodations according to the proviso of the preceding paragraph expires;
3. Where the accommodation of the child in the prison is deemed not in his/her best interest based on the evaluation in Paragraph 2; or
4. The child is required to leave prison due to changes in circumstances.
The provisions of the six preceding paragraphs shall apply to children given birth by inmates in the prison. However, their birth certificates may not include matters related to the prison.
For the care of children residing in the prison, the prison shall arrange space for activities and provide necessary facilities or equipment. They may also consult social welfare and relevant authorities (agencies), legal entities, organizations, or individuals to assist in related education and guidance for the children of inmates. The social welfare authority of municipal or county (city) government at the location of the children's household registration shall provide necessary assistance for the accommodations of children in prison.
Where necessary, the social welfare authority of municipal or county (city) government at the location of a child’s household registration may entrust the social welfare authority of another municipal or county (city) government to undertake matters set out in Paragraph 2, Paragraph 3, Paragraph 5, Paragraph 6, and the preceding paragraph.
Article 13
Every inmate shall receive a health examination upon arrival at prison, to which the inmate may not refuse. A prison may refuse to accept an inmate under any of the following conditions:
1. There are objective facts adequately showing that the individual lacks cognitive abilities to handle his/her own affairs due to his/her physical or mental conditions;
2. The individual is suffering from an illness that his/her life may be in danger while under imprisonment;
3. A female individual is pregnant for more than five months or has given birth less than two months prior;
4. The individual suffers from a notifiable communicable disease and his/her imprisonment may cause cluster infection; or
5. The individual suffers from frailty or physical or mental disability and cannot take care of himself/herself in prison.
The examination specified in the preceding paragraph shall be administered by doctors who may also perform necessary medical procedures. Where deemed necessary after the examination, the prison may engage other professionals outside the prison to provide assistance.
Where the examination specified in Paragraph 1 cannot be administered in the prison, the prison may escort the individual to a hospital for examination.
Where the examination in the three preceding paragraphs is not completed on the day of arrival, the prison may agree to provide a temporary accommodation. However, the examination accommodation period may not exceed ten days.
Where the accommodation examination results meet a requirement in the subparagraphs of Paragraph 1 for the prison to reject an inmate, the number of days in the examination accommodation period shall be counted as the equal number of days of imprisonment or detention, or the fine specified in a judgment rendered in accordance with Paragraph 6, Article 42 of the Criminal Code.
Cases involving individuals rejected in accordance with Paragraph 1 shall be delivered to the prosecutor who shall consider the circumstances and arrange release on bail, release to other's custody, release with limitation on residence, restrictions on leaving the country, restrictions on going out to sea, or other suitable measures. The provisions of Paragraph 2 to Paragraph 4 of Article 93-2, first part of Paragraph 1 and first part of Paragraph 3 of Article 93-5, requirement for bail bond, specifying the bail, and limited residence in Article 111, Article 115, Article 116, forfeit of the bail in Paragraph 1 of Article 118, release of the bail in Paragraph 2 and Paragraph 3 of Article 119, approval for the release of the bail in Paragraph 4 of Article 121, Subparagraph 1 of Paragraph 1, Paragraph 3, and Paragraph 4 of Article 416, Article 417, and regulations governing petitioning for remedies in the main text of Paragraph 1, Article 418 of the Code of Criminal Procedure shall apply mutatis mutandis to such proceedings.
Article 14
To maintain order and security of the prison and prevent the inflow of contrabands, the bodies, clothes, and belongings of inmates shall be examined upon arrival at the prison. Where necessary, a prison may collect urine samples of inmates and use technical equipment to aid the examination.
Where an inmate is required to strip for physical examinations specified in the preceding paragraph, the examination shall be conducted in a shielded area and the prison must exercise due care to protect the privacy and dignity of the inmate. Examination of male inmates shall be conducted by male officers while examination of female inmates shall be conducted by female officers.
Invasive examination is not allowed unless there is substantial evidence indicating that the inmate may conceal contrabands or other items that may endanger the order and security of the prison. Where an invasive examination is necessary, the approval of a senior prison official is required and the examination shall be administered by medical personnel.
To verify the identity of the inmate, a prison shall take photograph and fingerprints or record other physical characteristics of the inmate. It may also use technical equipment to assist in the identification.
Article 15
Inmates shall be informed of the following matters when they are arranged an intake lecture upon arrival at a prison. A prison shall also publish orientation handbooks and deliver them to the inmates for reference:
1. Prison rules;
2. Visitation and correspondence matters;
3. Rewards and punishments;
4. Classification and progressive treatment matters;
5. Criteria for parole applications and related remedial measures;
6. Regulations for petitions, complaints, and legal remedy;
7. Sanitation, health, and medical matters;
8. Rules for safekeeping of money and personal items;
9. Legal assistance information; and
10. Other matters to be noted.
Where an inmate is disabled, does not speak a language of the Republic of China, or has other reasons that prevent the inmate from understanding the meaning of contents specified in the subparagraphs of the preceding paragraph, the prison shall provide suitable assistance.
Important regulations, administrative rules, and interpretations of laws related to the rights and obligations of inmates in prison should be published in an appropriate manner so inmates are sufficiently informed.