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Title: Enforcement Rules of the Prison serving Act CH
Amended Date: 2018-05-10
Category: Ministry of Justice(法務部)
Chapter 3 Imprisonment
Article 19
Solitary confinement or prohibition of outside activities shall be conducted in a way that does not induce negative effects to the personer's mental and physical health. Prison governor, security section chief, and physicians shall pay frequent visits to the confinement area.
The confinement shall be a place full of fresh air and sufficient sunlight.
Prisoners shall take turn to clean up the place, extinguish hazardous insects, and maintain a clean ancl sanitized living area.
Article 20
In accordance with the results of investigation and classification, prisoners shall be classified for correctional purpose pursuant to the following circumstances:
1. Serious offence committed; the prisoner, who is an obvious negative influence to others or who requires reinforced education and instruction, shall be imprisoned in segregated prison.
2. Recidivist, repeated offender, or habitual offender shall be imprisoned in the recidivious prison.
3. Prisoner with 10-year-sentence or more shall be imprisoned in the felonious prison.
Article 21
Aprison shall be divided into sections pursuant to the locations of equipments, in order to administered sectional correctional management, and to appoint a control team of educational, labour, and safeguard personnel to administer correctional activities and the treatment of the prisoner in each section.
Article 22
In accordance with its characteristic, prison shall customize its enforcement guidelines of corrections and prisoner's daily timetable subsequent to the review by the governing authority.
Article 23
Confinement-a record shall be prepared to record the location of confinement cell and work area; the prisoner shall be assigned a sleeping bed appropriately.
Work area shall be assigned in accordance with job assigned.
On the right side of the confinement cell, a panel shall be hung, inscribing the capacity, current number of prisoners, and prisoners' name cards with identification number on the front and offences committed, the duration of the sentence, date of entry and departure, and work area on the back. Prisoners' name cards shall be prepared inside the workshop.
The cell and workshop shall be equipped with lockers to store the daily clothes of the prisoners, which shall be setup in a way allowing a convenient method of inspection for officials.
Article 24
Whenever judges of a court or prosecutors of a prosecutors' office summon or notify a convicted criminal, a citation or a notice shall be used in addition to advising the prison in charge.
In aforementioned circumstance, where the court or the prosecutors' office is located in the same district as that of the prison in charge, it is preferable that interrogation be held within the compound of the prison. In circumstances where both institutions do not situate in the same district, it is preferable that the interrogation be administered by local district's court or prosecutors' office.
In situations where the prisoner must be brought before the court for testimony, the prisoner must be returned to the prison in charge as soon as the testimony is over. In situations where it is unfeasible to return the convicted criminal back to the prison on the same day, the convicted criminal shall be held in the custody of a local district's prison temporarily.In cases where the local district's prison cannot accept the prisoner due to supervision concerns, the prisoner shall be moved and held in the custody of local district's detention center.
The period of the summoning pursuant to paragraph 2 and paragraph 3 shall be included in the execution period of the sentence as well.
Article 25
Whenever other institutions, excluding court or prosecutors' office, must summon or interrogate a prisoner, the supervision is pursuant to the regulations contained hereinafter:
1. For trials in which military's jurisdictional system has the judicial authority, a citation, with remarks on the number of days the prisoner shall appear before the court and the place where the prisoner is to be detained, shall be used in order to file a summoning request to the serving prison.
2. Institutions without any judicial power shall file a notice with explanations to the serving prison. With the prison's prior consent, the institution shall then proceed with the interrogation inside the compound of the prison.
Article 26
Pursuant to paragraph 3 of Article 20 of the Act, persons permitted for mitigative treatment are limited to the below mentioned prisoners only:
1. Person who endures an illness diagnosed by a doctor that requires long term treatment.
2. Person who is diagnosed with mental disorder, mental illness, or serious retardation in intelligence.
3. Person who issenescence, disability, having difficulty in action, or inability to live on his/her own.
4. Person who is pregnant or someone who just gave birth not yet exceeding 2 months.
5. Person who, in accordance with the results of investigation and classification, is deemed necessary for mitigative treatment.
Aforementioned prisoners, who receive the mitigative treatment, shall be reported to the Ministry of Justice for review.
Article 27
Aforesaid mitigative treatment shall be supervised pursuant to the procedures listed below:
1. Education and instruction: to be supervised in individual institution and methods deemed beneficial to the physical and mental condition of the prisoner.
2. Labor assignment: to assign them insubstantial work that match their interests. The person's physical and mental state shall be taken into consideration as well during the assignment. A prisoner is permitted to use his/her monthly allowance received from the work at his/her own will. The approval from the prison's sanitary department is required in order to discontinue the institution labor of the person who is deemed incapable of the work.
3. Confinement: to be supervised in accordance with each varying circumstance.The person's mental and physical health shall not be endangered, in addition to segregated confinement from other prisoners.
4. Visits and correspondences: to be supervised pursuant to the saving clause of Article 62, paragraph 2 of Article 63 of the Act, and the saving clause of Article 79 of the Enforcement Rules.
5. Supply: to be supervised pursuant to paragraph 1 of Article 64 and paragraph 2 of Article 65 of the Enforcement Rules. If deemed relevant, essential clothes shall be provided.
6. Grades: at the time the convicted criminal is disciplined and able to control his/her own behavior, the prisoner shall be classified pursuant to the Statutes of Prison Serving Progressive Treatment.The responsibility score, after the grade classification, shall be 80% of the standard set by Article 19 ofthe Statues. Person, who is incapable to work,whose labor scores shall be 50% of the highest achievable scores pursuant to Article 20 of the Statutes.