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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 8 Sanitary and Medical Treatment
Article 68
Prison's sanitary facilities shall be built with a purpose to maintain the healthiness of prisoners' physical and mental state. Educational lessons on sanitary shall also be conducted frequently, in an effort to educate prisoners with the notion of the importance of public and individual sanitation and of developing a sanitary living habit.
Article 69
Prison shall have sanitary facilities (including toilets and showering facilities) that fulfill prisoners' needs in daily life, in addition to providing hot water and cold water depending on the season.
Prisoners shall take shower once per day during summer times, once per two days during spring and fall, and once per three days with hot water during winter times.
Male convicts shall have haircut twice every month, who are permitted to keep brush cut with hair length not exceeding 3 cm and shave beards once every three days. Due to religious or daily habitual concerns, persons with long hair and beard that do not commence sanitary concerns are permitted to do so. Female convicts are permitted to have long hair with the length of the hair just covering up the ears.
Article 70
Prisoners' health examinations shall be subject to the regulations contained hereinafter:
1. In-prison health examination is to be held once each season. Random examination shall also be administered according to prisoner's physical and mental conditions.
2. Health examination shall be conducted at the times of admission, release, or transfer.
3. Health examination shall be administered by prison's physicians. In circumstances where there is a lack of working equipments, the prisoner is permitted to be escorted to a local medical center for examination.
4. Examination results shall be recorded in details. Person with illness shall be diagnosed and treatcd or be entitled to receive appropriate therapies.
Aforementioned rule is also applicable to prisoners' accompanied children.
Article 71
Prison shall have an implementation of precautious and preventive measures for epidemic or other acute contagious diseases. In times deemed necessary, physical examination shall be conducted for prisoners in addition to providing proper medical treatments.
In situations where prisoners or prisoners' accompanied children are ill, prison's physicians shall provide sincere diagnosis and treatment for them without any delay, in addition to making a diagnosis record for future references. In times where there is an insufficiency of available doctors, the prison shall negotiate and appoint doctors from outside hospitals to assist in the situation.
Article 72
Prisoner, who is diagnosed by a doctor for one of the below mentioned conditions, shall be nursed in the quarter for ill prisoners inside the prison in addition to reporting to the prison governor:
1. Person who has acute diseases or whose diseases require immediate treatment.
2. Person who has serious physical wounds or who requires emergency operations.
3. Person who is required for segregated treatment or to stay in the sick ward for medical treatment.
Article 73
A prison's supervision procedure for bailing for outside medical treatment shall be carried out in accordance with the following rules:
1. In situations where prisoner is approved for bailing for medical treatment outside the prison pursuant to Artide 58 of the Act, a detail description of the following items shall be recorded: a description of the case, reasons of bailing for outside treatment, offences committed, sentence duration, and the duration of remaining sentence.
2. The filing for approval of bailing for outside medical treatment or extension of period for outside medical treatment shall be attached with most recent diagnosis documents consented by a local public hospital. In circumstances where there is no public hospital in the proximity, diagnosis documents consented by a private hospital shall be affixed in lieu.
3. Petition for outside medical treatment prior to obtaining the bail approval shall not be permitted except for situations where the illness is extremely severe and/or for emergency situations. For prisoner whose remaining sentence period exceeds 5 years, the prison shall make a telephone call to the Ministry of Justice in advance for approval.
4. For prisoner whose sentence period is more than 10 years, guarantee paper issued by a trustworthy business entity is required, or the prison shall require the prisoner to pay an equivalent amount of guarantee money. If deemed relevant, the prison has the authority to designate a hospital where the convicted criminal shall be hospitalized and treated.
5. Guarantee paper shall be printed with the following precautious measures that guarantor shall follow:
i) The guarantee shall be bound to maintain good behavior during the period of outside medical treatment.Any actions that violate the laws or break the code of orders shall be prohibited.
ii) At times when the guarantee is cured or the approved period of bail is due, the guarantee shall be moved back to the prison immediately.
iii) In circumstances where the guarantee is absent from the designated hospital, relocates to another hospital, or leaves his/her residence without permission, the prison shall be notified of the situations immediately.
iv) In circumstances where the guarantee schemes to escape but the fact is not reported at the time where preventive measures still can be taken, the prison shall not permit the retirement of the bail at the midway of the bail period.
6. During the times of outside medical treatment, airport customs and related governing authority shall be notified for the monitoring and administration. When reasons for bailed outside medical treatment cease to exist and the prisoner is being transferred back to the prison, a notice shall be issued to the authority immediately.
7. The prison governor shall frequently send prison personnel to visit bailed prisoner who has been hospitalized and treated at the designated hospital, in addition to maintaining solid contacts with the hospital or local police institutions. For prisoner who has not been designated with a hospital, the prison governor shall also order prison's physicians to visit the prisoner at least once every month, in addition to negotiating and appointing local district's police forces to visit regularly.
8. Prison shall bring together a monthly summary of bailed prisoner's medication activities in every month and file it to the Ministry of Justice for further revlew.
9. The supervising and administering authority shall be informed of the date of bail, period of medication, and the date of returning to the prison.
Article 74
The term "granting outside medical treatment on bail" contained in paragraph 4 of Article 58 of the Act is applicable pursuant to the ruling articles on bailing in the Code of Criminal Procedure, which includes ruling articles such as the presentation of guarantee documents, the specification of the sum of guarantee money, the withdraw of responsibilities, approval for retirement of bail, and confiscated guarantee money pursuant Article 118, Article 119, and 121.
Confiscated guarantee money contained thereof shall first be reported with documentations by the prison and then supervised under the orders of prosecutor's office's prosecutor.
Article 75
Sanitary equipments, apparatuses, and medicines shall be subject to uses, maintenance, and protection with careful discretion.
Medicines claimed by the prisoner to be brought in by the prisoner himself/ herself or given bya visiting relative require prior consent from prison's physicians before being permitted for purchases or carrying in. In addition, the medicines shall be distributed only after prison's physicians examine and certify the usage of the medicine.
Aforementioned item of medicines shall be recorded with manes and in-take dosage in a logbook.
Article 76
The in-take of substitutes of alcohols and narcotic drugs is strongly prohibited.
Article 77
If prison's physicians deem the treatment of prisoners unsuitable to prisoner's physical and mental health condition, recommendations shall be filed to the supervising section or the prison governor.
Article 78
Under the principles of not interfering with the safety and security of the prison, prison shall plant flowers and trees to a large extent and create a beautiful environment that is full of educational purposes, in addition to establishing sufficient sports facilities and equipments for prisoners.