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Chapter Law Content

Chapter 3 Confinement and Security
Article 11
Detention centers shall divide the confinement areas of defendants into correction areas, workshops, living quarters or other specific blocks based the nature of activities.
Detention centers shall assign areas based on the facilities inside the center to carry out guidance and counseling of defendants by area; guidance, work, security and relevant personnel at the center shall be assigned to form guidance groups by area to handle matters relating to the management, guidance and other treatments of defendants.
The guidance groups under the preceding paragraph shall meet at least once every month to discuss reasonable and fair correctional approaches for the management, guidance, counseling and other important matters within their respective area and carry out those matters accordingly.
A detention center should invite members of the area guidance groups to hold center-wide joint meeting every quarter for the handling of matters under the preceding paragraph.
Article 12
To maintain order and security, a detention center may require defendants to wear specific outer clothing to facilitate identification.
Article 13
When a defendant needs to appear in court by summon or request of the court or prosecutors office, the detention center may allow the defendant to wear proper self-prepared clothing, shoes and socks.
Article 14
When a detention center assigns housing area based on its management needs in accordance with Paragraph 2, Article 15 of the Act, it should heed the provisions of Paragraph 2, Article 4 of the Act and prevent bullying.
Article 15
To achieve strict security as required under Paragraph 1, Article 16 of the Act, detention centers shall make proper arrangements based on the nature of guarding, security, patrolling, management and inspection.
Access to guarded areas shall be subject to inspection. However, inspection may be exempted in case of an emergency situation or under special circumstances with the approval of senior detention center official.
Articles brought by detention center personnel or persons granted access to guarded areas by the detention center shall be placed at a location designated by the detention center, except for articles that are allowed to be brought in according to law or with permission, or articles that are needed for the purpose of entering the guarded area.
If any person under the preceding paragraph has any of the following situations, the detention center may prevent the person from entering the guarded area or order the person to leave:
1. Refuse or evade inspection.
2. Bring or use communications, photographing, video-recording or audio-recording equipment without permission.
3. Inebriated or appear inebriated or anomalous in physical or mental status.
4. Evade, interfere with or refuse to comply with communicable disease prevention and control measures adopted by detention center in accordance with communicable disease control regulations.
5. Engage in other acts that disrupt the order or security of detention center.
Article 16
“Contraband” referred in Paragraphs 1 and 3 of Article 12, Paragraph 2 of Article 65 and Paragraph 1 of Article 66 of the Act means any article whose use is prohibited or restricted in detention centers. The supervisory authority may establish the types of contraband and related control rules in consideration of order, security and management.
Detention centers shall publish contrabands and related control rules under the preceding paragraph in an appropriate manner for the information of defendants, detention center personnel and other persons granted access to guarded areas.
Article 17
Detention centers should arrange voluntary work, guidance, activities, food, medical care, exercise and other daily routines for defendants.
Detention centers shall make public in an appropriate manner the schedules for routines under the preceding paragraph for the information of defendants.
Article 18
When a detention center has approved the use of guard instruments on a defendant in accordance with Paragraph 1, Article 19 of the Act, the dates, start and end time for the use of guard instrument, the reason for using and the type and quantity of guard instruments used shall be documented in the guard instrument record chart, which shall be submitted to the senior detention center official for approval.
Detention center personnel shall constantly observe the behaviors of the defendant and stop the use of guard instruments instantly when they are no longer deemed necessary.
Article 19
“Riot” referred to in Paragraph 5, Article 18 of the Act means three or more defendants collectively having one of the following acts by means of violence or coercion and causing the detention center to lose security and management control or the inability to operate normally:
1. Seize important facilities.
2. Take control of the controlled keys, communications or other important security equipment of detention center.
3. Seize offensive devices or other important equipment.
4. Hold defendants, detention center personnel or other people hostage.
5. Cause death or major injury of people.
6. Engage in other acts that seriously disrupt the order or security of detention center.
“Commotion” referred to in Paragraph 5 of Article 18 and Subparagraph 3, Paragraph 1 of Article 20 of the Act means the gathering of three or more defendants that disrupts the order or security of a detention center through action or inaction, which has exceeded general act of violence or disturbance of order and fails to stop when ordered, but not yet reaching the status of riot.
Whether or not a situation under any of the preceding two paragraphs has reached the extent where the use of guard instruments should continue in accordance with Paragraph 5, Article 18 of the Act shall be decided by the detention center in consideration of the overall situation; however such use should not exceed the necessary extent.
Article 20
Detention centers shall maintain contact with the police authority or other relevant agencies in accordance with Paragraph 1, Article 21 of the Act. Where necessary, detention centers may establish contact, support or assistance related plans or measures to facilitate actual operation.