These Regulations are established in accordance with Paragraph 5, Article 76 of the Prison Act and Paragraph 5, Article 68 of the Detention Act.
The terms used in these Regulations are defined as follows:
1. Authority: Referring to prison or detention center under the Agency of Corrections, Ministry of Justice, including any branch or female unit set up by the prison or any branch or female unit set up by the detention center.
2. Inmate: Referring to a prisoner or a detained defendant.
3. Senior Official: Referring to the head of an Authority under Subparagraph 1 and person authorized thereby.
4. Money: Referring to the amount of fund kept in an account by the Authority for an Inmate, only when payments of such fund are made in NT Dollars or made against drafts issued by Chunghwa Post Co., Ltd. or promissory notes issued by other domestic financial institutions.
5. Money under Safekeeping: Referring to money brought in by the Inmates or sent to Inmates from outside, and other income inside the Authority except Labor Wage that are kept in the account set up by the Authority.
6. Labor Wage: Referring to the income received by Inmates from participation in work in the Authority that is kept in the account set up by the Authority.
Money brought into Authorities by Inmates, Money acquired by Inmates in authorities or Money sent to Inmates from outside shall be verified and registered by Authorities together with the Inmates or the senders.
Authorities shall provide Inmates with income and expense information on their Money under Safekeeping (hereinafter the “Money under Safekeeping Book”) and income and expense information on their Labor Wages (hereinafter the “Labor Wage Book”) for Inmates’ safekeeping.
To use any Money under Safekeeping or Labor Wage, Inmates shall specify the purpose, item, amount or other matters and submit them to the Senior Official before drawdowns can be made.
In consideration of safety order and authority management, the supervisory authority may establish daily limits on the Money used for purchases or other restrictions on use by Inmates inside the Authorities for execution by each Authority. Such information shall be published on the sites inside each Authority for the Inmates’ information.
Authorities shall register each debit or outward remittance processed for Inmates in the Money under Safekeeping Books or Labor Wage Books for verification with the Inmates. Relevant receipts or proofs shall also be given to the Inmates for safekeeping.
When an Inmate is transferred to or detained by another correctional institution on temporary basis due to any reason, the Authority may allow the Inmate to bring certain cash into the receiving Authority in consideration of factors such as the time spent on transfer and living necessities.
In the event under the preceding paragraph, the Inmate shall be procured to affix a signature or fingerprint on the cash withdrawal document (in triplicates). The first copy shall be given to the Inmate for safekeeping. The second copy shall be delivered to the receiving Authority by the Inmate together with the cash brought by the Inmate. The third copy shall be kept by the original Authority. Articles 3 and 4 shall also apply. The same is applicable when the Inmate is transferred back to the original Authority.
When an Inmate is released, the Authority shall calculate and deliver the Money under Safekeeping and Labor Wage to the Inmate, and procure the Inmate’s signature or fingerprint on the collection document (in duplicates). The first copy shall be given to the Inmate for safekeeping. The second copy shall be kept by the Authority.
If the balance amount delivered under the preceding paragraph exceeds NT$100,000, the Authority may deliver in the form of post office draft purchased on the Inmate’s behalf or by issuing a state treasury check.
Authorities shall perform random audit on Inmates’ Money under Safekeeping Books and Labor Wage Books every month, record the audit results and submit them to the Senior Official for approval, with information provided to Inmates. The same shall be applicable if any Inmate has any question about Money under Safekeeping or Labor Wage records.
According to Paragraph 4, Article 76 of the Prison Act and Paragraph 4, Article 68 of the Detention Act, interest accrued in the account for Money under Safekeeping with the Authority may be used in an aggregated manner to improve the living benefits of the Inmates as follows:
1. Food and furnishings.
2. Improvement of living facilities.
3. Improvement of medical care for illness.
4. Aid for poverty.
5. Edification counseling.
6. Death consolation.
7. Living allowance for children brought into or born in the Authority.
8. Other matters related to the Inmates’ welfare.
Authorities shall review the utilization and income and expense status of the interest accrued in the accounts under the preceding paragraph every month, invite Inmate representatives to participate in such review and make records for publication on each site for Inmates’ information.
The revolving fund under Paragraph 3, Article 76 of the Prison Act and Paragraph 3, Article 68 of the Detention Act may be provisioned based on the following standards and implemented following the approval of the Senior Officials. The maximum amounts are as follows (in NT Dollars):
1. 200,000 if there are less than 1,000 Inmates.
2. 400,000 if there are more than 1,000 and less than 2,000 Inmates.
3. 600,000 if there are more than 2,000 and less than 3,000 Inmates.
4. 800,000 if there are more than 3,000 and less than 4,000 Inmates.
5. 1,000,000 if there are more than 4,000 and less than 5,000 Inmates.
6. 1,200,000 if there are more than 5,000 Inmates.
If required, Authorities may exceed the maximum amounts of revolving funds under the preceding paragraph with the approval of the supervisory authority.
If an Authority deems that any property brought by an Inmate into the Authority, any property acquired by an Inmate inside the Authority or any property sent from outside should be kept under safekeeping, it shall verify with the Inmate or sender and register such property in a property safekeeping document (in duplicates), with the Inmate’s confirmation through signature or fingerprint. The first copy shall be given to the Inmate for safekeeping. The second copy shall be kept by the Authority. The same shall be applicable if any property under safekeeping is returned to the Inmate for his/her use or is collected by another person.
Any property under safekeeping by an Authority on an Inmate’s behalf shall be kept in the designated location for proper safekeeping. In case of precious items, the Authority may persuade the Inmate to send them back or have them collected by a designated person. If such items are not sent back or collected, such items shall be sealed and confirmed by the Inmate’s signature or fingerprint and then placed in a proper location for safekeeping.
Precious items under the preceding paragraph refer to the following items:
1. Deeds and seals: Housing (land) deed, passbook, household registration book, household registration transcript, identification document, national health insurance certificate, passport, vehicle (driver’s) license, (specimen) seal or other proof of relevant property or personally identifiable object.
2. Vouchers, cards and currencies: Checks, securities, bank cards, credit cards, ATM cards, foreign currencies and other tradable or liquid objects.
3. Electronic objects: Electronic watches, mobile phones, computers, audio (video) recorders, mobile disks, consumable electronic products, computer equipment, communication electronic equipment and other relevant electronic objects.
4. Jewelry and accessories: Mechanical watches, necklaces (bracelets) of any kind, rings, gold (jade) accessories, keys and other objects of property or memorial values.
Authorities shall not keep in safekeeping any object under the preceding article that is perishable, hazardous, harmful or unsuitable for safekeeping.
Any object that is not kept by the Authority for safekeeping under the preceding paragraph shall be handled by the Inmate before the notified deadline, collected by a person designated by the Inmate or sent to a designated location at the Inmate’s cost. If the Inmate does not handle the object before the deadline, the Authority may destroy or deliver the object to a suitable institution (organization) or individual for safekeeping or nurturing or otherwise handle the object properly.
The following categories of objects brought by Inmates may be used by Inmates inside Authorities:
1. Clothes, pants, hats, socks, underwear and underpants.
2. Quilts, blankets, sheets, pillows, soaps, toothpastes, toothbrushes and towels.
3. Books and magazines.
4. Letter envelopes, letter sheets, stamps and pens.
5. Photographs of friends and families.
7. National health insurance certificates or other identification documents.
8. Newspapers or braille publications.
9. Religious objects or books.
10. Objects required for edification, counseling or treatment.
11. Tools required due to old age, physical or mental disability, illness or otherwise needed in daily lives.
12. Food, clothing and necessities for children brought into Authorities by Inmates or born in Authorities.
13. Menstruation objects for female Inmates.
14. Other necessary objects approved by Authorities.
If any object brought by any Inmate under the preceding paragraph is in quantity that clearly exceeds his/her needs or in consideration of the limits of the Inmate’s living space or safekeeping space of the site, the Authority may limit the quantity that is brought into the Authority.
If any object under the preceding paragraph has any of the following events, Authorities may prohibit the use thereof by Inmates and may also keep the objects under safekeeping on behalf of the Inmates. If safekeeping is impossible or unsuitable, the object shall be handled in accordance with Paragraph 2 of the preceding Article.
1. Contraband object discovered following the Authority’s inspection, that cannot be inspected, may deteriorate and cannot be eaten (used) after inspection, is perishable, hazardous, harmful, unsuitable for safekeeping or with health concerns.
2. Object that cannot be inspected or object that may deteriorate and cannot be used after inspection.
3. Object that cannot be brought in or is not advisable to be brought into the Authority in accordance with the Prison Act, the Detention Act or other legislations.
4. Facts showing that the Authority’s order or safety may be jeopardized.
If inspection on any object under Paragraph 1 may damage the original appearance or diminish the function thereof, the Authority shall inform the Inmate about the inspection method and the potential damage or diminishment. If the Inmate agrees to the inspection, the object may be used inside the Authority following inspection.
If the total quantity of any object brought by any Inmate, sent in from outside or acquired inside the Authority with the approval of the Authority clearly exceeds the quantity that is needed by the Inmate on daily basis, or if there is a limit on the space for the safekeeping of personal objects, the Authority may limit the quantity used and handle the portion in excess in accordance with Paragraph 2 of the preceding Article.
Pharmaceutical products shall only be brought by Inmates if they are packaged in pharmaceutical bags or identifiable by prescriptions. If required, Authorities may verify with the pharmacies from which the products are collected.
The labeling of pharmaceutical bags under the preceding Paragraph shall be compliant with Article 20 of the Regulations on Good Practices for Drug Dispensation.
If any pharmaceutical product brought by any Inmate is inconsistent with the preceding two paragraphs, or if the type or quantity of the pharmaceutical product is incorrect, the Authority may proceed in accordance with Paragraph 2, Article 14.
In approving the use of objects by Inmates, as required for the maintenance of order or security, Authorities may impose reasonable and necessary prohibitions or restrictions in terms of timing, manner of use or other relevant matters and shall inform the Inmates accordingly.
When an Inmate is transferred to another Authority, the transferring and receiving Authorities shall each verify the objects under safekeeping for the Inmate.
When an Inmate is transferred to another Authority, the Inmate shall be allowed to use the objects originally approved by the transferring Authority unless the receiving Authority deems that the use of such object by the Inmate may pose a threat to the order or security.
When an inmate is released, the Authority shall return to the Inmate the objects under safekeeping on the Inmate’s behalf and shall procure the Inmate’s signature or fingerprint on the document for objects under safekeeping (in duplicates). The first copy shall be given to the Inmate for safekeeping and the second copy shall be kept by the Authority.
Authorities shall perform random audit on documents for objects under safekeeping, the safekeeping warehouse and the status of precious items under safekeeping every month, record the audit results and submit them to the Senior Official for approval. The same shall be applicable if any Inmate has any question about the type or quantity of objects under safekeeping on the Inmate’s behalf.
These Regulations may apply mutatis mutandis to the safekeeping and management of Money and objects for people under observation or rehabilitation, people under drug rehabilitation treatment, people subjected to compulsory labor, people subjected to reformatory education, juvenile inmates and people under custody.
These Regulations shall take effect as of July 15, 2020.