Chapter 9 Visits and Correspondence
A prison may not limit or deny inmates visitors or correspondence, except where it is otherwise stipulated by law or where the inmate voluntarily refuses a visitor or correspondence.
A prison, based on an inmate’s request, shall assist the inmate in receiving and communicating with diplomatic or consular personnel of the inmate’s country or region or persons who can represent the inmate’s country or region.
The prison shall arrange visits on weekdays, and may consider permitting visits on public holidays or other rest days.
Unless otherwise stipulated by law, an inmate may receive visitors once every week for a period of no more than thirty minutes. However, the number or the duration of visit may be added or extended if a senior prison official deems it necessary.
An individual requesting to visit an inmate must submit identification paper and register the name, occupation, age, residential address, name of the inmate, and relationship with the inmate.
Where the prison deems that the individual requesting a visit may adversely affect the order or security of the prison or the interest of the inmate, it may refuse the visit request.
The visit should be conducted in the visitation room.
However, the prison may permit the visit to be held at a suitable place if it is necessary due to an inmate’s illness or management or edification considerations.
No more than three persons may visit an inmate each time unless it is otherwise stipulated in this Act or other laws or it is permitted by a senior prison official.
An individual approved for a visit may bring children under 12 years of age, who will not be counted toward the limit on the number of visitors in the preceding paragraph.
Where deemed necessary for management, edification, counseling, major personal incident involving the inmate, or other reasons, the prison, with the approval of a senior prison official, may allow an inmate to see visitors at a designated place in the prison and adjust the limitations on visiting place, visiting duration, number of visits and number of visitors in Article 68 and Paragraph 3 and Paragraph 4 of the preceding article.
Unless otherwise stipulated by law, a prison shall monitor and record inmate visits with video and audio recordings. The contents may not be used illegally.
Where there are sufficient facts to believe that the visit may adversely affect the order or security of the prison, the prison may listen during the visit or review the contents of the video or audio recordings after the visit.
Where the order or security of the prison is adversely affected during a visit, guards may terminate the visit and specify the reason in a written format.
Visitors must not use communication or video or audio recording devices when visiting the inmate. Violations shall be dealt with in accordance with the preceding paragraph.
Unless otherwise stipulated by law, correctional officers shall only visually monitor meetings between inmates with their lawyer or defense attorney and shall not make video or audio recordings. Except where there are factual difficulties, the number of such visits and visiting duration shall not be limited.
To uphold the order and security of the prison, correctional officers may only check whether there are contrabands concealed in the books and documents exchanged between inmates and their lawyer or defense attorney during a visit, unless it is otherwise stipulated by law.
The visits specified in Paragraph 1 shall be conducted at a designated place in the prison.
The provisions of Paragraph 1 of Article 67, Paragraph 1 of Article 68, Paragraph 1 of Article 69, and Paragraph 3 and Paragraph 4 of the preceding article shall apply mutatis mutandis to the visits of lawyers or defense attorneys.
The provisions of the four preceding paragraphs shall apply mutatis mutandis to situations where a lawyer not appointed by the inmate requests a visit with the inmate to discuss his/her appointment.
Where a prison deems the request of a visit from an inmate or an individual has a reasonable cause, it may allow them to conduct the visit by telephone or other means of communication.
The communication expenses in the preceding paragraph shall be borne solely by the inmate or the individual requesting a visit. However, where the inmate cannot afford the expenses and the prison deems it appropriate, the expenses may be paid by the prison.
Regulations governing the criteria for visits, visitors, limits on the number of visits, means of communication, communication application procedures, time, monitoring, listening, and charges in the two preceding paragraphs, and other requirements shall be prescribed by the Ministry of Justice.
For letters mailed or received by inmates, correctional officers may open the letter or use other appropriate means to check whether there are contrabands concealed therein.
Unless otherwise stipulated by law, correctional officers may read the letters in the preceding paragraph under any of the following circumstances, except for correspondences between the inmate and his/her lawyer, defense attorney, or public agencies:
1. The inmate has behaved in a manner that adversely affects the order or security of the prison and the incident is still under investigation;
2. The inmate is still subject to disciplinary actions.
3. Where there are facts and reasonable cause to suspect that the inmate may attempt to escape.
4. There are facts and reasonable cause to suspect that the inmate intends to injure or harass another individual.
5. Correspondence between inmates in correctional facilities.
6. Where there are facts and reasonable cause to suspect that the inmate may endanger prison security or order.
After the prison reads the inmate’s correspondence, it may specify a reason and delete the contents if it discovers any of the situations below:
1. The contents evidently pose a threat to prison security or order;
2. The contents incite or instigate others to commit crimes or break laws;
3. Symbols, codes, or other methods are used to prevent the inspectors from understanding the contents of the correspondence;
4. The contents involve escape plans;
5. The contents describe the security conditions of the correctional facilities, the locations of housing areas and workshops, or other information that may adversely affect the facility’s custody and security.
The deletion of contents in the correspondence in the preceding paragraph shall be handled in the following manners:
1. Where the inmate is the sender, the prison shall specify the reason and return the letter to the inmate for keeping or request the inmate to revise the letter before sending it again. If the inmate refuses to revise the letter, the prison may delete such contents and then send the letter.
2. Where the inmate is the recipient, the prison shall specify the reason and delete such contents before delivery.
The original contents of letters deleted in accordance with the preceding paragraph shall be photocopied and retained by the prison. They shall be returned to the inmate upon his/her release. Where an inmate passes away before release, the correspondence shall be handled in accordance with Article 81 and Subparagraph 4, Paragraph 1 of Article 82.
For documents sent by an inmate that are articles in nature, the prison may allow them to be send to newspapers, magazines, or other media and the provisions of the five preceding paragraphs shall apply.
The postage expenses shall be borne solely by the inmate. However, where the inmate cannot afford the expenses and the prison deems it appropriate, the prison may pay for the expenses.
Requests submitted by inmates to a court, prosecutor, or other public agencies or correspondence delivered by public agencies to inmates shall be forwarded by the prison without delay.