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Chapter Law Content

Chapter 3 Enforcement of Reformatory Schools
Section 1 Entering and Leaving Institutions
Article 37
When a Student enters the Institution, the Reformatory School shall examine his/her disposition or written order, commitment order or delivery letter, identification, and other required documents.
With those that have sentences, the enforcement agency shall inform the Reformatory School of their criminal causes, motives, conducts, living conditions, the record of formal schooling, experience, physical and mental conditions, and other reference or information. With those that are subject to reformatory education, the juvenile court shall submit the information of the juvenile related to his/her family and the incident.
Article 38
When a Student enters the Institution, the Reformatory School shall make an investigation table of name register for each individual in accordance with the regulations.
Article 39
When a Student enters the Institution, a physical examination shall be conducted. With regard to those who fall under one of the following situation, the Institution shall postpone his/her admission and shall require the enforcement agency or the juvenile court, after explaining the reasons, to transfer the juvenile to his/her parents, custodian, hospital, or other appropriate places:
1. Being insane;
2. Suffering from diseases and might lose his/her life to the enforcement;
3. Suffering from a legal epidemic, AIDS, or other epidemics designated by the central sanitation competent authorities;
4. With five-month pregnancy or giving birth less than two (2) months ago; or
5. Disabilities and unable to take care of his/her own life.
Necessary measures shall be taken first when Subparagraph 3 of the preceding paragraph is found.
Article 40
When a Student enters the institution, his/her body and clothes shall be examined. With regard to female Students, the examination shall be done by female instructors.
Article 41
When a Student enters the Institution, the affairs to abide by shall be informed to the Student. The names of various supervisors in the Institution and the rules concerning interviews and communication shall also be informed to the juvenile's parents or custodian.
Article 42
After the Students enter the Institution, the classes shall be arranged in accordance with the following provisions:
1. If the enforcement duration after the entrance is sufficient for more than one semester, the student shall be arranged to attend the General Teaching Department.
2. If the enforcement duration after the entrance is not sufficient enough for more than one semester, or if the Student has the knowledge equivalent to the educational level of senior secondary education, the student shall be arranged to attend the Special Teaching Department. However, if the student wishes to attend the General Teaching Department to study, the Institution shall give priority to his/her wish.
3. Those who have finished compulsory secondary education and are not willing to study at the General Teaching Department or have finished senior secondary education shall be arranged to study at the Special Teaching Department.
Student that are under fifteen (15) years old and at the stage of compulsory education, except for the situation as referred to in article 3, Paragraph 2 hereof, shall be arranged to study at the General Teaching Department if possible.
Article 43
After a Student enters the Institution, the counseling division shall make a case analysis report according to the investigation information provided by each relevant division or office. However, with those whose enforcement is by stages or those who have several enforcements within one year, a re-examination report may be employed to replace the analysis report.
The case analysis report referred to in the preceding paragraph shall be based on the judgment of psychology, pedagogy, sociology, and medical science.
With regard to the Students at the General Teaching Department, the reports shall be completed within one (1) month. With regard to the Students at the Special Teaching Department, the reports shall be completed within fifteen (15) days and shall be reported to the student treatment review committee to decide the class and grade arrangements and the methods of education.
Article 44
When a Student leaves the institution, he/she shall complete the relevant procedures before noon of the next day from the determined date of leaving the Institution or the expiry date.
Article 45
Affairs concerning the study, working, and protection after a Student leaves the Institution shall be investigated and planned six (6) weeks prior to the departure. With regard to those whose enforcement duration is less than four (4) months, the aforesaid affairs may be done when the investigation referred to in Article 43 hereof is carried out.
Before a Student leaves the Institution, the Reformatory School shall inform his/her parents, custodian, or closest relatives of the determined date of leaving the Institution. If the Student is to be supervised, the probation officer shall also be informed.
A Reformatory School shall inform the local competent authorities governing educational administration of the Students that leave the Institution. The local competent authorities governing educational administration shall include the individual information of the Students into the counseling networks for preferential recommendation and consultation. The competent authorities governing educational administration shall keep the relevant student information confidential.
With regard to the Students that leave the Institution, a Reformatory School shall inform local governments or public employment service organizations to assist with arranging skills trainings or proper employment opportunities for such Students.
With regard to those Students who have not studied or worked after leaving the Institution, a Reformatory School shall inform the local governments located in such students' household register place to provide appropriate assistance or guidance.
With regard to those Students who need help due to economic difficulties, unexpected family happenings, or other situations, a Reformatory School shall inform the After-Life Association or social welfare organizations for assistance. The said organizations shall try their best to provide assistance in accordance with their rights and obligations, when Students request for help.
The notifications referred to in Paragraphs 2 to 6 shall be made within one (1) month after the Students leave the Institution. A Reformatory School shall make periodical follow-ups within one year after the Students leave the Institution. When deemed necessary, the Reformatory School may remain in contact with relevant organizations or agencies for assistance.
Article 46
A Reformatory School shall report to the district prosecutors' office or to the juvenile court and submit the assessment, study, and behavior records with regard to those Students who shall be delivered for supervision due to his/her parole or the cease of the enforcement of reformatory education.
Article 47
When a Student is deceased in the Institution, the Reformatory School shall immediately inform his/her parents, custodian, or closest relatives, report to the prosecutors for autopsy, and wait for orders.
When the Institution fails to inform or when no body claims the body after the notification is made, the Reformatory School shall refrigerate the body and make announcement of claims for three (3) months. The body shall be buried if it is still not claimed by anyone after three months.
In the situations prescribed in the preceding two paragraphs, a special report shall be filed with the Ministry of Justice.
Article 48
A Reformatory School shall inform the parents or custodians to claim the money and articles left by deceased Students. Where the deceased Students have no parents or custodians, the closest relatives shall be informed. When there is no one available, the Reformatory School shall make an announcement.
With regard to the items left behind by the deceased as referred to in the preceding paragraph, when the people who are informed refuse to claim the items or there is no one taking back after six (6) months of the notification or one (1) year of the announcement, if the items left are cash, they shall be confiscated by the National Treasury; if the items left are articles, the income after the auction shall be confiscated by the National Treasury; or if the items left have no value, they shall be discarded.
Article 49
When a Student escape from the Institution, besides reporting to a prosecutor for detection or a juvenile court for investigation, the Reformatory School shall also report to the Ministry of Justice.
If deemed necessary with regard to the situation referred to in the preceding paragraph, the Institution shall inform the competent authorities governing educational administration by letter.
Article 50
A Reformatory School shall inform the parents or custodian of the Student that escape from the Institution to claim the money and articles left behind by the said Student, if such a Student has not yet been found one (1) year after the date of escape. If the Student has no parents or custodian, the closest relatives shall be informed. When there is no one available, the Reformatory School shall make an announcement.
If the people who are informed refuse to claim the items or there is no one taking back after six (6) months of the notification or one (1) year of the announcement, the items left behind as referred to in the preceding paragraph shall be handled in accordance with Article 48, Paragraph 2 hereof.
Section 2 Education Enforcement
Article 51
The education of a Reformatory School shall be based on personality counseling, morality education, and instruction in knowledge and skills, and shall emphasize counseling tasks to improve the social adoptability of the Students.
The General Teaching Department shall provide the opportunities to complete the compulsory education and the environment of senior secondary education according to each student's aptitude to promote Students' abilities to learn and communicate.
The Special Teaching Department shall focus on adjusting Students' characters, helping them to accommodate themselves to the society, and improving their living abilities in cooperation with the trainings of vocational skills.
Article 52
The General Teaching Department of a Reformatory School has two (2) semesters each year, and the Special Teaching Department has four (4) semesters each year. Each semester shall last three (3) months.
Article 53
Each class of a Reformatory School shall not have more than twenty-five (25) Students. If a class only has few Students, the multiple teaching may be enforced.
Male and Female Students shall be administered separately. However, they may join in the same class for education.
Article 54
A Reformatory School shall enforce the education in accordance with the curriculums and teaching materials instructed and designed by the Directing Committee of Correctional Education in light of the characteristics of the General Teaching Department and Special Teaching Department. The Institution shall also keep the teaching methods flexible to suit the needs of Students.
The Reformatory School shall periodically review the results of the enforcement referred to in the preceding paragraph and report the same to the Directing Committee of Correctional Education as references of adjustment.
The curriculums of the General Teaching Department shall refer to the curriculum standards of senior high schools, senior vocational schools, junior high schools, and elementary schools. The occupational training courses shall refer to the regulations governing occupational trainings.
In order to improve Students' ability to adapt to the society, upon the requirements of the Students, courses related to law and order, ethics, interpersonal relationship, religions and life, and career guidance may be arranged.
Article 55
Student counseling shall be done by individual or group counseling. The General Teaching Department shall provide at least two (2) hours of student counseling every week and the Special Teaching Department shall provide at least ten (10) hours every week.
The individual counseling as referred to in the preceding paragraph shall be done by interviews and individual consultations. Group counseling shall be done during the assemblies, class meetings, social activities, club activities, and group consultations.
In order to enforce counseling, the counseling division shall convene meetings periodically to discuss and study the compilation and enforcement of teaching plans and the implementation of professional supervision.
Article 56
A Reformatory School shall utilize social resources to hold various rehabilitation activities to improve Students' learning opportunities and promote the functions of counseling.
Article 57
Upon the actual requirements, a Reformatory School may hold field trips. Regulations for the field trips shall be prescribed by the Ministry of Justice in conjunction with the Ministry of Education.
Article 58
The General Teaching Department of a Reformatory School may establish an artistry education class, practical skill class, and special education class upon the actual requirements.
Students at the General Teaching Department may participate in the Special Teaching Department according to their wills during the winter and summer breaks. When deemed necessary, the Institution may order the Students to participate in the Special Teaching Department.
Article 59
The school ages of various educational stages in a Reformatory School are prescribed as follows:
1. Compulsory Education Stage: Over six (6) years old and under fifteen (15) years old.
2. Senior Secondary Education: Over fifteen (15) years old and under eighteen (18) years old.
The school ages prescribed in the preceding paragraph may be elevated or decreased according to the physical and mental development status or learning and correctional requirements or individuals.
The elevation or decrement of school ages referred to in the preceding paragraph shall be reported by the Reformatory School to the provincial (city) competent authorities governing educational administration for record.
Article 60
Where a Student has postponed or suspended his/her schooling before due to special circumstances, a Reformatory School shall examine the proper grade for him/her, apply for admission or resumption of schooling to the competent authorities governing educational administration, and enforce remedial education individually or in a special class.
When the Reformatory School requests for certificates of Students' academic background or transcripts, the original competent authority governing educational administration or the original school shall immediately cooperate and provide the aforesaid materials.
Article 61
When a Reformatory School deems it necessary for a Student at any educational stages to extend his/her study duration, the Institution shall report to the competent authorities governing educational administration for approval. The extension of each grade shall not exceed two (2) years or his/her enforcement duration.
Article 62
After a Student completes any educational stage and still has time in the Institution for the education of a higher stage, he/she shall be arranged to participate in such a higher stage to study.
With regard to the following Students, a Reformatory School may guide them to transfer to the Vocational Department, Special Teaching Department, or other appropriate classes to study:
1. Those who have finished compulsory education and are not suitable for or unwilling to accept senior secondary education.
2. Those who have finished senior secondary education.
Article 63
With those who have finished all educational stages or have completed their course of study with qualified grades, if at the stage of compulsory education, the graduation certificates shall be issued in the locations where the students' household registers are; if at the stage of senior secondary education, the graduation certificates shall be issued by the schools the student statuses belong to. The original schools shall report the qualifications of graduation or course completion along with the books of graduation or course completion to the competent authorities governing educational administration for record.
Article 64
Upon Students' interests and requirements, a Reformatory School may hold schoolwork or skill guidance in addition to normal curriculums.
Article 65
Where a Student is qualified to leave the Institution but has not completed the educational stage, the school the student status belongs to shall accept such a Student to continue his/her education. Where a Student may leave the Institution right before the semester or academic year ends, the Reformatory School may also provide him/her with lodging and books to board at the Institution and continue the study till the end of the semester or academic year or transfer the Student to board at a halfway school to continue the study till graduation.
Article 66
Where the Student referred to in the preceding article whishes to continue his/her study at another school instead of the one his/her student status belongs to, such a Student may request the Reformatory School to apply for the transfer certificate from the school his/her student status belongs to before he/she leaves the Institution.
With regard to affairs related to student transfer, each competent authority governing educational administration shall provide assistance within its rights and obligations.
Article 67
With regard to those who graduate from or attend a Reformatory School and pass the admission or transfer exam of other schools, those schools may not refuse their applications for exams or admissions to schools due to their past violations.
With regard to affairs related to the applications for exams and admissions to schools, each competent authority governing educational administration shall provide assistance within its rights and obligations.
Article 68
Articles 59 to 61, Article 62, Paragraph 1, Article 63, and Articles 65 to 67 shall not apply to the Students at the Special Teaching Department.
Section 3 Living and Discipline
Article 69
The student living and discipline shall be enforced by counseling and rehabilitation to help the Students maintain good living habits and improve their living adaptability.
Students representatives of the second grade or above under the progressive treatment system may participate in the stipulation or rectification of student living rules. Each class may stipulate its own living convention in accordance with the said rules.
Article 70
The management of student accommodations shall employ classes as the range. Students shall live together with different categories. With regard to those who are under twelve (12) years old, the accommodations shall be family type in principle.
Students of detention and students of imprisonment shall live separately.
Where a Student above age of twelve (12) seriously violates the group living rules, he/she may live individually. The duration of individual living shall not exceed five (5) days each time.
Article 71
Students are prohibited to use tobacco, alcohol, and betel nuts.
Article 72
Students may read the books that are given to them or brought by themselves, if the books are deemed harmless to the enforcement of correctional education or student learning by the Reformatory School after the inspection.
Article 73
Students may have interviews with their family and friends. However, if deemed harmful to the enforcement of correctional education or student learning, the interviews may be prohibited or restrained. Regulations governing student interviews shall be prescribed by the Ministry of Justice.
Students may send and receive letters. The Reformatory School may also review the letters. In the event of the proviso of the preceding paragraph, if the letter is sent by a Student, the letter may be sent after the Institution explains the reasons and deletes the content upon his/her consent; if the letter is received by a Student, he/she letter may be delivered to the Student after the Institution explains the reasons and deletes the content upon his/her consent. Where a Student refuses to delete the content, the student may be prohibited to sent or receive such a letter.
Article 74
With those who are under imprisonment, detention, or reformatory education for over six (6) months, in order to encourage those Students to improve themselves and adapt to the social lives, they shall be graded and treated by progressive means.
The student progressive treatment shall be assessed in three aspects: counseling, behavior, and learning. Regulations governing the assessment personnel and grading shall be prescribed by the Ministry of Justice.
The treatment referred to in Paragraph 1 shall be handled in accordance with the provisions of the preceding paragraph. Additionally, with regard to those under the enforcement of imprisonment and detention, the relevant provisions of the Prison Act and the Progressive Treatment of Punishment Act shall apply. With regard to those under the enforcement of reformatory education, the relevant provisions of the Rehabilitative Disposition Execution Act shall apply.
Article 75
With regard to those who suffer from diseases, if the Reformatory School deems that the Students may not receive appropriate treatment in the Institution, the Students may be sent to a hospital under guard or be bailed out for medical treatment after the Ministry of Justice grants its approval. However, if at a state of emergency, such a situation may be handled in advance then immediately reported to the Ministry of Justice for review.
With those who are sent to a hospital under guard as prescribed in the preceding paragraph, the duration shall be calculated in the enforcement duration. With those who are bailed out for medical treatment, the duration shall not be calculated in the enforcement duration.
When handling the situation referred to in Paragraph 1, the parents, custodian, or closest relatives of the Students shall be informed.
Article 76
Where the Students who suffer from diseases as referred to in the preceding article request to call a doctor to diagnose and give treatment at the Institution at their own expense, such requests shall be approved.
Section 4 Reward and Punishment
Article 77
A Student with one of the following behaviors shall be rewarded:
1. With good and honest behaviors sufficient to be the example to other Students;
2. With superior learning performance;
3. With special contributions sufficient to increase the honor;
4. With concrete evidence sufficient to show that he/she has obviously improved; or
5. Other behaviors sufficient to be rewarded.
Article 78
Methods of rewards prescribed in the preceding article are as follows:
1. Reward in public;
2. Issuing a certificate of merit or a medal;
3. Giving scores of progressive treatment;
4. Giving books or other prizes;
5. Giving a certain amount of scholarships; or
6. Other appropriate rewards.
Article 79
When a Student who is under the enforcement of imprisonment or detention violates the discipline, the following one or multiple punishments may be imposed:
1. Reprimand;
2. Compulsory labor for one (1) to five (5) days, and no more than two (2) hours each day; and/or
3. Stopping outdoor activities for one (1) to three (3) days.
When a Student who is under the enforcement of reformatory education violates the discipline, the following one or two punishments may be imposed:
1. Reprimand; and/or
2. Compulsory labor for one (1) to five (5) days, and no more than two (2) hours each day.
Counselors shall immediately give individual counseling to the Student punished, when the situations prescribed in the preceding two paragraphs occur.
Article 80
When a Student is rewarded or punished, the Reformatory School shall immediately inform his/her/her parents, custodian, or closest relatives.