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Chapter Law Content

Title: Enforcement Rules of the Prison serving Act CH
Amended Date: 2018-05-10
Category: Ministry of Justice(法務部)
Chapter 6 Education and Instruction
Article 43
ln the reformation process of the convicted criminal, officer shall, with kindness and a compassionate heart, attempt to understand each individuars condition and demands in order to provide appropriate correction and counseling.
Article 44
Group instructions shall be held on national holidays in lieu, memorial days, or other appropriate dates. Category instructions shall be dassified and be held on suitable dates. Individual instructions shall be held anytime deemed suitable.
Minutes of aforementioned lectures shall be made after each session.
Article 45
lndividual instructions shall be held on 3 types of occasions: admission, in-prison, and release.
1. Admission: to be held at the time when the prisoner is admitted to the prison.
2. In-prison: to be held during the sentence, or at the times of receiving rewards, punishment, promotion, illness, death of family members, or at the times when the convicted criminars family suffer from an unexpected event.
3. Release: to be held at the times of release, parole, bail, or transfer of prison, or at the times when the convicted criminars sentence is due.
Article 46
The administration of individual instructions is subject to the regulations contained hereinafter:
1. The instruction shall be held independently in appropriate location with each disciplinary area as a unit.
2. Prior knowleage of the convicted criminars family background, social background, the process ofthe offense committed, and physical and mental condition shall be obtained in order to provide different method of instructions for each convicted criminal.
3. Encourage the convicted criminal to make soul-searching, in addition to seizing the right moment to present correctional lessons corresponding to each convicted criminars background.
4. Do not restrict the format of conversation. Methods such as chatting, problem discussion, or narration will do. If the prisoner has any problem, the officer shall offer to be of assistance with his/her best effort. For problems that cannot be solved, the officer shall explain the reason to the prisoner.
5. The speaker shall be kind and sincere. Whenever a prisoner has a false viewpoint, the officer shall set straight the subject matter for the prisoner in a soft tone.
6. During the conversation, officer shall pay attention to prisoner's wording in an effort to determine the accuracy of his/her statements and observe prisoner's facial expression to determine the truthfulness of his/her statements.
7. Officer shall adopt various conversation techniques and educate prisoners with patience.
8. With prisoner's personal circumstances and the conditions of his/her surrounding environment taken into consideration, officer shall determine the possibility of prisoner being able to make.a living in the society on his/her own after release.
9. Recidivist or ill-disciplined individuals shall be increased in frequency of instructions , in order to transform violent behavior into peaceful mind.
10. The content of the conversation shall be recorded in details in the individual instruction log with a footnote and delivered to the related section for references on the treatment of the prisoner.
Article 47
Instructions at the time of the admission shall be administered immediately upon completion ofthe dassification of investigation. The content of the instruction follows:
1. Thoughts and opinions of the prisoner at the time of admission.
2. The overall condition of the prison and rules to be followed during the sentence.
3. Review the past and determine to strive in the future.
4. Keen to corrections and determined not to repeat the misconducts.
5. Make efficient use of time and expand one's knowledge.
Article 48
In-prison instructions shall be held at least once each month for each prisoner. In situations where emergencies take place, the structions shall be administered accordingly. The content of the conducted shall be clear to tho instructions beforehand, in addition to recognizing the main points, clarifying tho significance of life to the prisoner, as well as bring out the humanity in the heart of the prisoner.
Article 49
In-prison instructions are categorized into two types: regular instruction and special instruction.
The content of regular instruction is as follows:
1. Inquire prisoner's state of living after the admission.
2. Inquire personal thoughts and sentiment after receiving the sentence.
3. Inquire the frequency of prisoner's communication with relatives and friends.
4. Inquire prisoner's attitude towards life.
5. Inquire prisoner's opinion on the improvement of prison's supervision and treatment.
The content of special instruction is as follows:
1. Rewards: Encourage prisoner to work hard and strive to succeed.
2. Penalty: Analyze the circumstances and explain the rights and wrongs to the prisoner in all effort to encourage him/ her to reform.
3. Death of relatives or family suffers from all unexpected event: Provide suitable consolation.
4. Illness: Wish prisoner to recover before long and help remove mental stress.
5. Promotion: darify the meaning of the promotion in order to encourage the prisoner to continue to improve.
Article 50
The content of instruction at release is as follows:
1. Explain in details the honorary of national laws.
2. Inquire future plan and means to making a living. Persons who require the aftercare from the organization of protecting the safety of discharged prisoners shall be provided with appropriate arrangement.
3. Encourage the prisoner to start a new life and not to repeat the misconducts.
4. Advise the prisoner to be friendly to neighbors and others, in order to encourage him to regard the importance of interpersonal relationship.
5. Persons on parole shall be advised of the implication of parole and rules to be obeyed.
6. Persons bailed for medical treatment shall be advised that the medication period is not considered as a part of the sentence, and that the person shall return to the prison as soon as the illness is recovered.
7. Persons on transfer shall be advised of the overall state of the new prison and rules to be obeyed and be encouraged to acquire a peaceful mind and accommodate to the new environment.
Article 51
dassified instructions shall be administered not only by results of dassification and investigation but shall also be administered according to the offences committed by the prisoner.
Article 52
The administration of dassified or' group instructions is subject to the regulations contained hereinafter:
1. Maintain an orderd environment of instructions
2. Dramatize the content of instructions with informal language, in order to generate an interest in the subject matter among the listeners.
3. Provocative or offensive languages are prohibited.
4. The duration of the instruction shall not be too long, with one hour at maximum.
5. The number of attendance shall be regulated with regards to the location and safety condition.
6. Make prisoners feel respected. Mockery or coarse languages are prohibited.
7. The lecturer shall be well-prepared in advance of the instruction. In situations where supporting written papers are needed, pamphlet with a table of content shall be printed and distributed.
Article 53
dassified or group instruction shall adopt the following teaching materials:
1. Teaching philosophy of Sun Yat-Sen & Presidential quotes.
2. Must-know knowledge of daily life for civilian.
3. Anecdotes of historical figures.
4. Quotes & stories of remarkable people around the world.
5. Common knowledge of laws.
6. Current international state and important national policies.
7. Correctional teaching materials and correctional texts published by the Ministry of Justice.
8. Other beneficial texts that help prisoners improve in person.
Article 54
Primary's class for prisoners shall be taught with the lessons of elementary school and junior high school, in order to educate them with basic educations. Advanced dass for prisoners shall be taught with lessons equivalent to the level of high school courses. Tutorial class shall be taught with advanced courses with level higher than that of high school lessons, in order to prepare them with knowledge and skills necessary to adapt a living in the society. Education for prisoners shall be approved by the governing educational agencies and supervised in accordance with the system of ordinary continuation school.
Article 55
The teaching at each dass shall be first categorized and then administered according to the educational level of prisoners and the date of the admission. Important provisions are as follows:
1. Primary's dass: to teach the pronunciation marks of Chinese characters and frequently used daily vocabularies, in addition to the administration of lessons equivalent to the courses taught in national junior high school and elementary school.
2. Advanced dass: to teach lessons taught in high school.
3. Tutorial dass: to specify correctional purposed publications or other beneficial readings for them to self study, or to permit the enrollment of university level lessons in order for prisoner to continue his/her education.
Except for juvenile convicted criminals, convicted criminals whose sentence duration is less than 6 months, or who does not participate in the institutional labor activity or is permitted for mitigative treatment shall be exduded from thc enrollment of educational lessons. However, regular instmctions shall still be administered for those convicted criminals.
Article 56
Each term is made up of six months for each class. Teaching schedule shall first be prepared, in addition to following the below mentioned list of regulations in the assessment of the prisoner's academic performance:
1. Primary's dass: a test shall be held once for each subject every month, in addition to evaluate the results of test performance. For instance, person with an examination grade higher than 60 points shall advance to the advanced dass at the end of the lessons of national junior high school and elementary school.
2. Advanced dass: one subject of lessons shall be randomly selected for testing every two months.
3. Tutorial class: reading summary or assignment with 100 words or more shall be handed in each week.
Aforementioned rules are not applicable for classes administered under the system of continuation school.
Academic grades shall be served as an indication to the progressive treatment. For instance, person with grades higher than 80 points shall be perceived as a well-behaved performer, and he/she shall be entitled to rewards.
Article 57
Prisoners who are interested in subjects other than listed in the aforementioned article shall be assisted with advanced studies in the subject. Persons who possess expertise knowledge shall be encouraged to continue his/her studying. Persons, who excel both academically and behaviorally suffice to serve as a model for others, shall be ordered to assist in the administration of educational process.
Article 58
Prison is permitted to employ two or more individuals with outstanding reputation and professional knowledge from society as an counseling volunteer, in an effort to contribute in the education and instruction works.
The employment request of aforementioned counseling volunteer shall be filed by each prison to the Ministry of Justice for approving.
Article 59
Prisons shall take the circumstances of the prison into consideration, in order to administer privately or in cooperation with local district's schools and industrial & business organizations the job education or work techniques training for prisoners.
Aforementioned educational plan shall be reported to and requires the approval of the governing authority prior to the implementation.
Article 60
Prisons shall, in accordance with the religious beliefs of prisoners, invite individuals from each religious group to darify the doctrines that serve as a correctional purpose for prisoners or conduct religious rituals.
Religious group volunteered to engage in the aforementioned activity shall be permitted to do so.
Religious individual or group engaged in the two aforementioned activities are permitted to provide readings, movies, slides, and tapes for correctional purposes.
Article 61
Prison is permitted to and shall use electric equipments such as sound recorder, television, movies, filmstrips projector, and broadcaster to administer correctional activities. All teaching materials are subject to thorough reviews.
Article 62
Prison is permitted to and shall organize activities such as essay writing competition, speech contest, singing contest, wallpaper drawing contest, calligraphy contest, painting contest, sports events, or skills competition, in addition to organizing recreational activities beneficial to the physical and mental condition of the prisoners.