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Chapter 1 General Principles
Article 1
The Act is enacted pursuant to Article 52, Paragraph 2 of the Juvenile Delinquency Act and Article 3, Paragraph 4 of the Prison Act for the purpose of correcting the harmful habits of juvenile inmates and persons subject to reformatory education through school education and encouraging them to reform and adjust themselves to the social lives.
Article 2
The establishment of a juvenile Reformatory School (hereinafter referred to as the "Reformatory School" and the enforcement of the correctional education shall be governed by the provisions prescribed under the Act. Other relevant laws shall apply to those not specified herein.
Article 3
The enforcement of correctional education as referred to in the Act shall mean that the execution of disciplinary actions, such as juvenile imprisonment, criminal detention, and reformatory education, shall be enforced through the methods of school education.
The relevant provisions of the Act shall apply with regard to those that are under twelve years old and are subject to the execution of reformatory education. Upon the seriousness of each case and the requirement of correction, the said execution may be handed over to other appropriate places of children education and elementary schools.
Article 4
The Reformatory School shall be subordinate to the Ministry of Justice. With regard to the enforcement of education, it shall also be supervised by the Ministry of Education.
Prosecutors and the juvenile courts under district courts may assess the Reformatory School with regard to the penalty and affairs concerning the enforcement of reformatory education.
Regulations of supervision as referred to in Paragraph 1 hereof shall be prescribed by the Ministry of Education in conjunction with the Ministry of Justice. Regulations of assessment as referred to in the preceding paragraph shall be prescribed by the Executive Yuan in conjunction with the Judicial Yuan.
Article 5
The Ministry of Education shall, in conjunction with the Ministry of Justice, establish a committee of correctional education and select scholars and experts to participate in such a committee to take charge of the selection and recommendation of the principal and teachers of the Reformatory School, the training courses for teachers, compilation, study, and selection of curriculum materials, and other relevant affairs concerning educational guidance.
Regulations for the establishment of the committee as referred to in the preceding paragraph shall be prescribed by the Ministry of Education in conjunction with the Ministry of Justice.
Article 6
The Reformatory School shall have a General Teaching Department and a Special Teaching Department to enforce correction education. Except that the Special Teaching Department shall be governed by the provisions of the Act, the General Teaching Department shall handle the senior secondary education and compulsory junior high school and elementary school education in accordance with relevant educational laws and shall concurrently be supervised by the provincial (city) competent authorities governing educational administration.
Students of the Reformatory School (hereinafter referred to as the "Students") shall, except for those that participate in the Special Teaching Department pursuant to the provisions of the Act, participate in the General Teaching Department for education.
Student status of the Students participating in the General Teaching Department as referred to in Paragraph 1 hereof shall be reported to the provincial (city) competent authorities governing education administration
With regard to those in compulsory education, the student status shall be reported by the schools located at the places where the Students' households are registered. With regard to those in senior secondary education, the student status shall be reported by the schools to which the students' student status belongs.
Regulations for the administration of student status referred to in the preceding paragraph shall be prescribed by the Ministry of Education.
Article 7
Students may submit their opinions regarding the measures of correctional education enforced by the Reformatory School. Where the Reformatory School refuses to accept the opinions submitted by the Students, the said Students shall be informed in writing.
Article 8
Where a Student suffers from improper infringement or refuses to accept the punishment or improper disposition of his/her/her life or discipline given by the Reformatory School, the said Student or his/her/her legal representative may file a complaint to the appeal committee of the Reformatory School by verbal or in written forms.
With regard to the complaint referred to in the preceding paragraph, besides complying with Articles 78 and 79 of the Prison Act and Article 61 of the Rehabilitative Disposition Execution Act, if the appeal committee finds it reasonable, the original punishment or disposition shall be revoked or altered. If the appeal committee finds it groundless, the complaint shall be rejected.
If the Student still refuses to accept the decision made by the appeal committee, he/she may file the complaint to the Ministry of Justice. The Ministry of Justice may establish a reappeal committee to handle the case. No further detrimental punishment or disposition shall be imposed upon the Student due to his/her action of appeal or reappeal.
The appeal committee shall consist of the principal, deputy principal, secretary, dean of academic affairs, dean of disciplinary affairs, and the dean of counseling and shall be chaired by the principal. Additional three to five impartial public personages shall be invited to participate in the committee. With regard to the reappeal committed established by the Ministry of Justice, one-third of the total members shall be impartial public personages.
Regulations for handling appeal and reappeal cases shall be prescribed by the Ministry of Justice.
Article 9
Except for the situations prescribed in Paragraph 2 of the preceding paragraph, the enforcement of the original punishment or disposition shall not be suspended due to the appeal or reappeal. However, after the reappeal is filed, if deemed necessary, the Ministry of Justice may order the Reformatory School to cease the enforcement.
When an appeal or reappeal case is deemed reasonable after review, in addition to giving appropriate relief to the student who suffers from the improper infringement, with regard to those whose original punishment or disposition has been enforced, the Reformatory School may, depending on the conditions, proceed in accordance with the following provisions:
1. Removing or rectifying the records unfavorable to the said Student; or
2. Restoring the said Student's honor with proper means.
When an appeal or reappeal case is deemed reasonable after review, with regard to the unlawful disposition, the undertaker of the disposition shall be held responsible.