Chapter 8 Sanitation and Healthcare
Prisons should monitor the physical and mental conditions of inmates and manage their medical treatment, preventive healthcare, screening, prevention of communicable diseases, and food hygiene.
A prison may, based on its size, the people it holds and their characteristics, deploy medical personnel within the scope permitted by available resources to provide consulting services during nighttime and on holidays for determining whether to escort an inmate to medical services outside the prison.
A prison may entrust medical institutions or other professional institutions to handle the operations in two preceding paragraphs.
Medical institutions under the Ministry of Health and Welfare, Ministry of Education, Ministry of National Defense, Veterans Affairs Council, or municipal or county (city) government shall assist prisons in undertaking operations specified in Paragraph 1 and Paragraph 2.
Health authorities shall regularly supervise, coordinate, and assist in improving operations specified in four preceding paragraphs. The prisons shall also coordinate with the local health authority of health in undertaking those operations.
To ensure the quality of medical services for inmates in confinement and to provide healthcare services, the supervisory authority may set up medical prisons. Where necessary, the medical unit as an auxiliary may be set up in a prison.
Medical units may entrust medical institutions or other professional institutions to process disease treatment, preventive healthcare measures, screening, prevention of communicable diseases, and dietary sanitation for inmates.
Prisons must be kept clean, conduct sanitary inspection regularly, and timely instruct inmates to engage in essential affairs, such as cleaning, washing, and tidying clothes, blankets, and utensils.
The inmates’ housing areas, workshops, and other areas must be provided with sufficient space, lighting, and ventilation for the benefits of health. Inmates must also be provided with sufficient bathroom facilities for their daily use.
Items provided by the prison for usage by inmates must meet sanitary and safety requirements.
To protect the health and sanitation of inmates, prisons shall provide cold and hot water and cleaning water based on the season, require inmates to take showers, and allow them to cut hair and shave.
Prisons shall provide inmates with suitable space, facilities, and equipment for exercising.
With the exception of public holidays, rest days, or special circumstances, prisons shall allow inmates to exercise one hour each day.
To maintain the health of inmates, the exercise space should be set up outdoors in principle; where necessary, inmates may exercise or participate in activities for relaxation at suitable places indoors.
Prisons shall arrange regular health evaluation for inmates, and where necessary, arrange health examination for them and promote self-health management measures.
Prisons may conduct necessary medical procedures when administering health examination specified in the preceding paragraph.
An inmate or an inmate’s nearest relative or family member may request the prison to allow them to hire medical personnel at their own expense to perform a health examination for the inmate in the prison under the circumstance that there will be no adverse impact on prison order and it is deemed necessary by a physician.
A prison may provide the inmate with the results of the health examination in Paragraph 1 upon request.
An inmate may, for health reasons, request the purchase or the delivery of low-risk medical instruments or health products at his/her own expense after a doctor has evaluated the feasibility of such use under the circumstance that there will be no adverse impact on prison safety and order.
Article 78 and Article 80 to Article 82 shall apply mutatis mutandis to the return or acceptance of items purchased or delivered in accordance with the preceding paragraph.
To protect the health of inmates or to monitor their physical and mental conditions, a prison may collect, process, or use inmates’ medical records, medical information, and personal information specified in Paragraph 1 of the preceding article and handle such information properly.
To implement actions in the preceding paragraph, a prison may request authorities (agencies), legal entities, organizations, or individuals to provide relevant information, to which authorities (agencies), legal entities, organizations, or individuals may not refuse without legitimate reasons.
Regulations governing the scope, period, procedures, methodology, review, and other requirements for the investigation of inmate health information in Paragraph 1 shall be prescribed by the Ministry of Justice.
Where a prison reports a suspected case of communicable disease, the local health authority shall assist the prison in prevention and handling. Where necessary, the local health authority may request the central health authority to provide assistance.
Where a prison admits an inmate from or passing through areas with communicable diseases, the prison may quarantine the inmate for a period of time, and take necessary procedures for items carried by such inmate.
Where an inmate received by the prison is suspected or diagnosed of a communicable disease by a doctor, the doctor may prescribe a certain period of quarantine and provide proper treatment. The length of treatment or regimen shall follow the doctor’s instructions or the directives or guidance of the health authority. The items carried by the inmate shall be handled in accordance with necessary procedures.
Where a health authority notifies the prison to transfer an inmate contracted with a communicable disease to a designated quarantine facility for treatment, the prison shall immediately coordinate the escort and safety operations with the designated facility and report to the supervisory authority. Inmates receiving treatment in quarantine shall be regarded as time served.
An inmate who suffers from a disease and requires close observation and treatment based on a doctor’s evaluation may be accommodated in the patient ward or the medical branch of the prison.
Where an inmate eligible for enrollment in National Health Insurance (NHI) in accordance with the National Health Insurance Act or a child of an inmate brought into or born in prison contracts a disease, he/she shall receive medical treatment as a NHI insured person except where he/she has obtained approval for paying for his/her own medical expenses; where an inmate does not have a NHI certificate, the prison may, at its sole discretion, apply for a certificate on behalf of the inmate.
Where an inmate is eligible for enrollment in NHI but is temporarily suspended from receiving insurance coverage, the medical expenses in the event of illnesses shall be borne solely by the inmate.
A prison may deduct the following expenses payable by an inmate from the inmate’s money under safekeeping or labor wage:
1. Expenses incurred from medical services received under NHI coverage;
2. Expenses incurred from replacement, reissuance, and application for NHI certificate;
3. Medical expenses in the preceding paragraph payable by the inmate.
Where an inmate or a child of an inmate brought into or born in prison is not eligible to enroll in NHI or where an inmate cannot afford to pay the expenses in Subparagraph 1 of the preceding paragraph due to financial difficulties, the prison shall engage a medical institution or a doctor to provide treatment when the inmate contracts a disease in the imprisonment or placement period.
Regulations governing the criteria for determining financial difficulties described in the preceding paragraph, application procedures, and other requirements shall be prescribed by the Ministry of Justice.
Where an inmate is injured or contracts a disease but refuses to accept medical treatment that his/her life may be in danger, the prison shall immediately engage a doctor to provide treatment or send the inmate to a medical institution for treatment.
The medical and transportation expenses for delivering the inmate to the medical institution in the preceding paragraph shall be borne solely by the inmate.
The inmate’s treatment period at a medical institution specified in Paragraph 1 shall be regarded as time served.
After an inmate suffering from an injury or an illness has received medical treatment provided under NHI coverage or provided by a doctor arranged by the prison and there is a legitimate reason for obtaining treatment from another doctor, the prison may approve the request of the inmate to see another doctor inside the prison at his/her own expense.
Regulations governing the application procedures for seeing a doctor at the inmate’s own expense in the preceding paragraph, requirements, implementation method, time, place, payment of fees, and other requirements shall be prescribed by the Ministry of Justice.
Where an inmate is injured or contracts a disease and is in a medically urgent condition or where a doctor deems it necessary after diagnosis and treatment, the prison may escort the inmate to a medical institution or a medical branch for treatment.
The transportation expenses for delivering the inmate to a medical institution for treatment based on a diagnosis of a doctor in the preceding paragraph shall be borne solely by the inmate. This shall not apply, however, if the inmate does not have the financial means to pay for such expenses.
The inmate’s escort and treatment period in a medical institution specified in Paragraph 1 shall be regarded as time served.
Where the inmate cannot or is unable to be adequately treated after adopting the treatment in Paragraph 1 of the preceding article, the prison may report to the supervisory authority which shall consider the doctor’s instructions before approving out-of-prison medical treatment on bail. In the event of an emergency, the prison may approve medical treatment on bail and then report to the supervisory authority for reference.
The period of medical treatment on bail in the preceding paragraph shall not be counted as time served.
Where an inmate’s request for medical treatment on bail is approved in accordance with Paragraph 1, the prison shall immediately request a prosecutor to arrange release on bail, release to other's custody, release with limitation on residence, or restrictions on leaving the country or going out to sea before the release.
Where the prosecutor arranges release on bail, release to other's custody, release with limitation on residence, or restrictions on leaving the country or going out to sea, 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 on petitioning for remedies in the main text of Paragraph 1 of Article 418 of the Code of Criminal Procedure shall apply mutatis mutandis to such proceedings.
Where inmates released for medical treatment on bail violate regulations on medical treatment on bail, the supervisory authority or prison may revoke the permission for the medical treatment on bail.
Regulations governing the criteria for approving medical treatment on bail in Paragraph 1, the regulations governing medical treatment on bail for inmates in the preceding paragraph, criteria and procedures for the revocation of the permission, and other requirements shall be prescribed by the Ministry of Justice.
The provisions of the preceding article, first half of Paragraph 1, and from Paragraph 2 to the preceding paragraph shall apply mutatis mutandis to female inmates who are pregnant for more than five months or have given birth less than two months prior.
Where an inmate who requests medical treatment on bail in accordance with the preceding article and cannot post bail, cannot be released to other's custody, or cannot be released with limitation on residence, the prison shall submit relevant information and notify the social welfare authority of the municipality or county (city) government at the location of the prison to arrange the transfer to other placement facilities or execute other necessary measures.
Where an inmate refuses food or fails to take medicine as instructed by a doctor that may put his/her life in danger, the prison should immediately ask a doctor to provide treatment, and allow the doctor to force-feed the inmate or take medically necessary forceful measures.
Unless otherwise stipulated by law, no medical or scientific experiment that may damage a person's health can be conducted on an inmate even with the consent of the inmate.
Unless otherwise stipulated by law, blood or other specimens taken from an inmate for diagnosis, treatment or health examination cannot be utilized for any other purposes.