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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 4 Custody and Security
Article 28
Prison shall organize the work of security in accordance with the work nature of guarding, sentinel, patrolling, management, and inspection. In addition, staffs shall be carefully selected to fulfill their duties, in order to prevent riots, escape, suicide, or fighting.When an officer performs his/her duties, precautionary steps shall be taken pursuant to the regulations contained hereinafter:
1. Correctional officer shall sympathize and be compassionate during the process, as well as respect prisoner's dignity and comprehend the subject matter in order to lecture the convict accordingly.
2. Custody of the prisoners shall take control of every situation happened in the prison and count the number of prisoners regularly, as well as focus on the safety equipments of prison.
3. Sentinel duties, appearance and manner shall be appropriate, respond to people with kindness, as well as be precautious to the entry and exit of the delivery of goods and passengers.
4. Cell duties, except for situations where a disaster occurs, the access door shall not be opened unless an officer is present or his/her approval is obtained.
5. Workshop duties, the doors of the workshop shall be closed at all times in order to prohibit the entry and exit of the prisoners. The uses and management of labour equiprnents shall be carefully supervised.
6. The doors, as well as entry and exits, of the prison shall be closed on a regular basis. Goods that jeopardize the security of the prison shall be stored and locked in a specified location. In circumstances where the need for opening the lock or using the goods arises, a guard shall be dispatched to secure and safeguard the location.
7. Equipments, such as constraining devices and weapons, keys, water & electric equipments, and hydrant equipments, and stoves and steam machines, shall be cautiously supervised and are subject to regular inspections.
8. At the time of discharging a prisoner, the person's physical state and reputation shall be minded, in addition to adhere to the ruling of discharge procedures.
Article 29
Prison shall not utilize any constraining devices as a means of punishment on prisoners. In circumstances where the utilization of constraining devices is necessary due to some legal reasons, precautionary procedures shall be taken pursuant to the regulations contained hereinafter:
1. The behavior and performance of the convicted criminal shall be evaluated frequently when a constraining devices is utilized for correctional purpose. As soon as the utilization of the constraining devices is deemed no longer relevant, the practice shall be abolished immediately.
2. Once the period of the utilization of constraining devices reaches one week, for circumstances where the continuation of the utilization is deemed relevant, the request with a list of facts and details of the circumstance, shall be reported to the prison governor for approval. The provision thereof is also applicable at the end of the extension of the utilization, if further extension is deemed necessary.
3. The utilization of constraining devices shall be monitored and exercised by chief of subsection or the higher staffs. For prisoners deemed inappropriate by physician, the exercise of constraining devices shall be discontinued.
4. Two or more types of constraining devices shall not be exercised against a single prisoner at the same time without special approval from the higher administrative officials.
5. The physical condition of a prisoner shall be minded cautiously during the process of the utilization of constraining devices. No handcuffing with both arms on the back or joined handcuffing of arms and legs shall be permitted.
6. The weight of feet shackles and chains shall be limited to a maximum of 2 kilograms. If necessary, the weight can be increased to 3 kilograms. The weight of handcuff shall not exceed one half of a kilogram.
Article 30
Sedation facility shall be built in a solitary space format. The surfaces of wall, ceiling, doors, and floors shall be made of materials that can prevent injuries when a person smashes at them, as well as the emphasis shall be centered on the security of the prison.
Article 31
The phrase "violates another's body or poses threat to violate another's body" contained in item 1 of Article 24 of the Act refers to the situation in which a prisoner aggressively attack (not restricted to the use of arms only and cause harms to others,or the attack does not yet occur but the threat of forces is obvious that the situation cannot be prevented unless truncheon or arms is utilized.
The phrase "refuse to obey order to abandon such object" contained in item 2 of Article 24 of the Act refers to the situation in which a prisoner possesses objects, no matter if it is a liquid, gas, solid, or other chemicals, that endanger the well-being of others is commanded to abandon the object but still refuses to comply with the order.
Article 32
Prison's supervising staffs using truncheon or arms are subject to the precautionary procedures contained hereinafter:
1. Warning shall be issued prior to the use of truncheon or arms. However, in urgent situations this rule shall not be applicable. When the reason for the use of truncheon or arms ceases to exist, the action shall be discontinued immediately.
2. Officer shall be careful not to harm the surrounding innocents when truncheon or arms is being used. A report detailing the process and situation shall be conveyed to the superiors after the event is over, in addition to deliver a copy of the documents to the Ministry of Justice.
Article 33
The following types of security work in a prison for female prisoners, including guards, security & custody, inspection, management, labour, education and instructions, and appraisal, shall appoint female employees to assume the responsibility. Security & custody unit shall dispatch staffs to assume the responsibility of sentinel, patrol, and policing in the surrounding area of the prison.
Quarters for female prisoners within a prison shall be prohibited from the entry of male staffs except for the prison governor and medic personnel. In circumstances where the responsibilities of a duty require a male staff to enter the quarter, the male staff must be accompanied by a female staff.
Article 34
Prison shall implement a contingency plan for security events, in addition to establishing a channel of communication with local district's police and justice agencies. In events of natural disasters, where escape , slaughter, death, riots, or violence occurs, proper counter measures and procedures must be in place, in addition to filing a documentation report with the details of the scenario to the goveming authorities. In urgent matters, telephone calls shall be used in advance for reporting.
Article 35
The term " major events" contained in paragraph 2 of Article 26-1 of the Act refers to one of the below mentioned conditions:
1. The grandparents, parents, spouse, or children of the prinoner is in a lifethreaten state.
2. The family of the prisoner suffers from serious disasters.
3. Before prison release, the prisoner at tends examinations for school and occupational purpose.
4. Circumstances in which the subject matter cannot be resolved without the personal attendance of the prisoner.