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Chapter Law Content

Chapter III Progressive Treatment
Article 13
The progressive treatment procedure is classified into four levels starting from Level 4 and gradually rising up to Level 1:
Level 4.
Level 3.
Level 2.
Level 1.
Article 14
Prisoners manifesting a strong sense of responsibility and suitability for communal living conditions may, upon the resolution of the Prison Affairs Committee, be exempted from the provisions stated in the preceding article and be accelerated to the suitable level.
Article 15
Prisoners shall wear identifying badges designating their respective level ranking.
Article 16
Prisoners transferred from other prisons shall retain their original level.
Article 17
A prisoner whose parole is revoked or who is apprehended after escaping from prison shall be regarded as a new prisoner.
Article 18
If a prisoner is to be transferred to another prison, all progressive treatment related documents should be included in the prison transfer matters.
Article 19
Progressive treatment is conducted pursuant to the imprisonment terms and classifications of prisoners; their respective responsibility scores are as tabulated below:
┌──┬───────────┬───┬───┬───┬───┐
│Type│Sentence │Level │Level │Level │Level │
│ │ │1 │2 │3 │4 │
│ │ │ │ │ │ │
│ │ │Score │Score │Score │Score │
├──┼───────────┼───┼───┼───┼───┤
│1 │Imprisonment of six │36 │30 │24 │18 │
│ │months ~ less than 18 │ │ │ │ │
│ │months │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│2 │Imprisonment of 18 │60 │48 │36 │24 │
│ │months ~ less than 3 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│3 │Imprisonment of 3 │144 │108 │72 │36 │
│ │years ~ less than 6 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│4 │Imprisonment of 6 yeas│180 │144 │108 │72 │
│ │~ less than 9 years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│5 │Imprisonment of 9 │216 │180 │144 │108 │
│ │years ~ less than 12 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│6 │Imprisonment of 12 │252 │216 │180 │144 │
│ │years ~ less than 15 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│7 │Imprisonment of 15 │288 │252 │216 │180 │
│ │years ~ less than 18 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│8 │Imprisonment of 18 │324 │288 │252 │216 │
│ │years ~ less than 21 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│9 │Imprisonment of 21 │360 │324 │288 │252 │
│ │years ~ less than 24 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│10 │Imprisonment of 24 │396 │360 │324 │288 │
│ │years ~ less than 27 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│11 │Imprisonment of 27 │432 │396 │360 │324 │
│ │years ~ less than 30 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│12 │Imprisonment of 30 │468 │432 │396 │360 │
│ │years ~ less than 33 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│13 │Imprisonment of 33 │504 │468 │432 │396 │
│ │years ~ less than 36 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│14 │Imprisonment of 36 │540 │504 │468 │432 │
│ │years ~ less than 39 │ │ │ │ │
│ │years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│15 │Minimum imprisonment │576 │540 │504 │468 │
│ │of 39 years │ │ │ │ │
├──┼───────────┼───┼───┼───┼───┤
│16 │Life sentence │612 │576 │540 │504 │
└──┴───────────┴───┴───┴───┴───┘
The responsibility scores shown on the foregoing table shall be reduced a third in the case of juvenile prisoner scores.
The responsibility scores of prisoners who are recidivists shall be based on the table presented in paragraph 1; however, responsibility scores shall be increased by a third per level ranking of prisoners.
The responsibility scores of prisoners whose parole is revoked shall be based on the table presented in paragraph 1; however, responsibility scores shall be increased by 50% per level ranking of prisoners.
Article 19-1
Where a prisoner commits a crime before the implementation of the amended Article 77 of the Criminal Code instituted on November 28, 1997, the progressive treatment responsibility scores regulated in the amended Article 19 of the Statute instituted on June 8, 1994 shall be applicable. However, where actions are concluded or the consequences of the crime occur after November 28, 1997, the progressive treatment responsibility score of the prisoner shall be governed by the provisions of the amended Article 19 of the Statute instituted on November 28, 1997.
Where the factors causing the revocation of a prisoner’s parole occurred prior to the implementation of the amended Article 79-1 of the Criminal Code instituted on November 28, 1997, the progressive treatment responsibility score of said prisoner for the remaining period of his/her sentence after the parole revocation shall be governed by the amended Article 19 of the Statute instituted on June 8, 1994. However, where actions of the underlying factor are concluded or the consequences of the crime occur after November 28, 1997, the progressive treatment responsibility score of the prisoner shall be governed by the provisions of the amended Article 19 of the Statute instituted on November 28, 1997.
Article 19-2
The progressive treatment responsibility scores of recidivists convicted in the period after the enforcement of the amendment of Article 77 of the Criminal Code on November 28, 1997 and before the enforcement of the amendment of Article 77 of the Criminal Code on July 1, 2006 shall be based on the amended Article 19 of the Statute instituted on November 28, 1997. However, where actions are concluded or the consequences of the crime occur after July 1, 2006, the progressive treatment responsibility score of the prisoner shall be governed by the provisions of the amended Article 19 of the Statute instituted on July 1, 2006.
Where the factors causing the revocation of a prisoner’s parole occurred within the period after the implementation of the amended Article 79-1 of the Criminal Code instituted on November 28, 1997 and before the implementation of the amended Article 79-1 of the Criminal Code instituted on July 1, 2006, the progressive treatment responsibility scores of said prisoner for the remaining period of the prisoner’s sentence shall be governed by the provisions of the amended Article 19 of the Statute instituted on November 28, 1997. However, where actions of the underlying factor are concluded or the consequences of the crime occur after July 1, 2006, the progressive treatment responsibility score of the prisoner shall be governed by the provisions of the amended Article 19 of the Statute instituted on July 1, 2006.
Article 20
The monthly score of each level of prisoners shall be recorded according to the following standards:
1. Ordinary prisoners:
(1) maximum education and instruction score of 4 points.
(2) maximum labor score of 4 points.
(3) Maximum conduct score of 4 points.
2. Juvenile prisoners:
(1) maximum education and instruction score of 5 points.
(2) maximum conduct score of 4 points.
(3) maximum labor score of 3 points.
Article 21
The score acquired by each level prisoner shall be used to write off his/her existing responsibility score to enable the prisoner to advance to a higher level.
Once the responsibility score for a particular level has been fully written off and the prisoner still has excess scores, the excess scores shall be included in the score of the next level.
Article 22
Level advance decision should be made before the last day of the month in which the prisoner is due for advancement.
The prisoner concerned shall be notified of the aforementioned decision.
Article 23
Prisoners whose levels are advanced should be advised of the treatment of their new levels and instructed to abide by the responsibilities pertaining to the new level.
Article 24
Although the responsibility score is not fully written off, providing that the remaining score is under 10% and the prisoner has previously achieved the highest behavioral conduct score, upon the discretion of the warden, the prisoner may be granted provisional advancement to the next level. Where the prisoner manifests an excellent score in the month of advancement, advancement shall be finalized; otherwise, the prisoner’s rating shall be reverted to the previous level.
Article 25
A standardized scorekeeping sheet should be distributed to prisoners to enable them to keep track of their monthly scores.