Chapter 3 Confinement
Housing areas at a prison include single housing areas and group housing areas.
As a principle, inmates are assigned to group housing areas after admission. A prison may adjust housing area assignment based on its management needs.
Where the number of inmates in a prison severely exceeds the approved capacity, the supervisory authority may flexibly adjust accommodations and arrange transfers to other prisons based on the actual conditions in each prison.
A prison may file a request to the supervisory authority for permission to transfer an inmate to a designated prison under any of the following conditions:
1. Where the inmate has special and necessary requirements for treatment where the prison fails to provide the necessary resources;
2. Where the prison deems that enhanced rehabilitation is necessary based on the results of investigations and classification of the inmate;
3. Where the inmate has significant negative impact on other inmates and it is necessary for the inmate to leave the prison;
4. Where a force majeure incident requires the prison to conduct significant construction or refurbishment or where there is an emergency safety or health hazard;
5. Where there is a legitimate and necessary reason based on other correctional management considerations ;
6. Where the inmate actively files an application and the prison considers the reasons in the application to be legitimate and necessary.
Regulations governing the procedures and conditions for prison transfer in the two preceding paragraphs, review criteria of inmates, review procedures for the transfer, implementation methodology, notifications for the inmate, family members, or nearest relatives, qualifications for filing applications in accordance with Subparagraph 6 of the preceding paragraph, and other relevant matters shall be prescribed by the Ministry of Justice.
To encourage inmates with more than six months of sentence to reform and cultivate their skills for adapting to social life, their treatment shall be classified into several stages and implemented progressively. However, the progressive treatment may be temporarily suspended due to physical or mental conditions or other reasons that render the treatment unsuitable.
The progressive treatment matters and methods shall be stipulated in a separate legislation.
A prison may implement mild measures for inmates eligible for progressive treatment in accordance with the preceding article if they meet the following conditions:
1. Where the inmate suffers from a disease and requires long-term care in accordance to a doctor’s certificate of diagnosis;
2. Where there are objective facts showing that the individual lacks cognitive skills due to his/her physical or mental conditions and cannot take care of himself/herself; or where the individual’s cognitive skills have diminished significantly;
3. Where the individual suffers from frailty, physical or mental disabilities, or mobility impairments, or cannot take care of himself/herself in prison;
4. Where the individual is pregnant or has given birth less than two months prior;
5. Where the prison deems it necessary based on other facts.
The implementation of mild measures on inmates in accordance with the preceding paragraph shall be reported to the supervisory authority for approval.
After the condition for implementing mild measures is eliminated, treatment shall be restored in accordance with the regulations on progressive treatment.
Mild measures for inmates in the preceding article shall be implemented in the following manner:
1. Edification: Edification shall be implemented through individual counseling and other methods beneficial to their physical and mental wellbeing.
2. Work: Inmates may be assigned light work based on their interests and their physical and mental health conditions. They may receive monthly labor wage and use them freely.
3. Confinement: Confinement shall be implemented based on the conditions of each individual. To protect their physical and mental health, an inmate may be confined separately from other inmates.
4. Visits and correspondence: Where necessary for the treatment of illnesses, management, or rehabilitation, the prison may allow the nearest relatives, family members, or others to visit and send and receive correspondence. It may also arrange visits at suitable locations.
5. Supply: Food for inmates suffering from diseases may be changed to suitable food based on instructions of the doctor’s treatment plan.
6. Classification: Inmates eligible for progressive treatment shall be classified in accordance with the Statute of Progressive Execution of Penalty. The respective responsibility scores after classification shall be calculated based on 80% of the standard scores specified in Article 19 of the same Statute.
The provisions of Subparagraph 1 to Subparagraph 5 of the preceding paragraph may apply mutatis mutandis to inmates with sentences of less than six months if they meet any of the conditions specified in Paragraph 1 of the preceding article.