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Title The Regulations Governing Compulsory Physical and Psychological Treatment as well as Counseling Education for Prisoners Committing Offences against Sex Liberty and Offenses against MoralityCH
Announced Date 1998.04.01
Amended Date2020.07.15
Legislative 1.Promulgated on April 1, 1998
2.Amended on April 24, 2003
3.Amended on June 30, 2006
4.Amended on September 12, 2013
5.Amended on June 13, 2016
6.Amended on July 15, 2020
Article 1
These Regulations are established in accordance with Paragraph 3, Article 115 of the Prison Act (hereinafter referred to as “the Act”).
Article 2
The terms used in these Regulations shall be defined as follows:
1. Prison: Referring to any prison under the Agency of Corrections, Ministry of Justice, including any branch or female unit set up by the prison.
2. Enforcement authority: Referring to prisons or juvenile correction centers that impose compulsory physical and psychological treatment or counseling education on prisoners.
Article 3
The subject to whom the compulsory physical and psychological treatment or counseling education is applicable under these Regulations shall be the prisoner who has committed crime(s) listed in Article 91-1 of the Criminal Code.
Article 4
The enforcement authority shall enrich all relevant facilities and resources to meet the professional needs of handling compulsory physical and psychological treatment or counseling and rehabilitation service.
Article 5
The enforcement authority shall make plans for the implementation of the compulsory physical and psychological treatment as well as counseling education for the prisoner and report such plans to the supervisory authority for approval, and report the implementation results to the supervisory authority for record annually.
Article 6
The enforcement authority may entrust the following institutions, groups or individuals to conduct counseling education for prisoners:
1. Those qualified hospitals, as per the hospital evaluation announced by the central competent health authority, which are set up with psychiatric outpatient clinics or wards;
2. Those qualified psychiatric hospitals as per the psychiatric hospital evaluation announced by the central competent health authority;
3. Those personnel with professional licenses related to medical and social work;
4. Those professionals with practical experience in the prevention and control of sexual assault crimes;
5. Those officially-registered institutions and groups with practical experience in the prevention and control of sexual assault crimes.
The enforcement authority may entrust the institutions or individuals in the Subparagraphs 1 to 3 of the preceding paragraph to implement compulsory physical and psychological treatment for the prisoner.
Personnel who perform compulsory physical and psychological treatment or counseling education shall complete the relevant education and training in accordance with the training curriculum standards for the personnel providing physical and psychological treatment as well as counseling education set for the perpetrators of sexual assault crimes established by the central competent authority for sexual assault crime prevention and control.
Article 7
Where the prison lacks the corresponding resources to administer the compulsory physical and psychological treatment or counseling education for the subject under Article 3, the prison shall report to the supervisory authority for approval within the following period, to transfer the prisoner to the approved enforcement authority for administration:
1. Two years and six months prior to the prisoner’s satisfying the requirements for parole as stipulated in Article 77 of the Criminal Code, after the admission of the prisoner in prison.
2. Two years and six months prior to the prisoner’s serving the full sentence, after the admission of the prisoner in prison.
Article 8
The enforcement authority shall set up a screening evaluation committee, a treatment evaluation committee, and a counseling evaluation committee.
The screening evaluation committee shall consist of three members including deputy heads or secretaries of enforcement authorities, rehabilitating instructors, and medical or social staff, as well as four members including psychiatric specialists, psychologists, social workers, probation officers, juvenile protection officers, experts and scholars of law or crime prevention and control, or staff of the criminal victim protection group, where the number of either gender shall not be less than one-third of the total number of the committee members, and the deputy head or secretary shall be the chairperson; regular or extraordinary case-relevant meetings shall be held, so as to screen prisoners subjected to compulsory physical and psychological treatment or counseling rehabilitation service.
The treatment evaluation committee shall consist of at least seven members appointed by the enforcement authority, including psychiatric specialists, psychologists, social workers, probation officers, juvenile protection officers, personnel in special education, personnel in crime prevention and control, professional medical personnel, or prison disciplinary staff, where the number of either gender shall not be less than one-third of the total number of the committee members, the chairperson shall be selected among the committee members, and regular or extraordinary case-relevant meetings shall be held, so as to evaluate the practical result of the physical and psychological treatment.
The counseling evaluation committee shall consist of three members including deputy head or secretary of enforcement authorities, and disciplinary staff, as well as four members including psychiatric specialists, psychologists, social workers, probation officers, juvenile protection officers, personnel in special education, personnel in crime prevention and control, or professional medical personnel, where the number of either gender shall not be less than one-third of the total number of the committee members, the deputy head or secretary shall be the chairperson, and regular or extraordinary case-relevant meetings shall be held, so as to evaluate the performance of the counseling rehabilitation service.
The committee members of the preceding three paragraphs shall be appointed by the enforcement authority for a term of one year, who shall be eligible for re-appointment upon expiry of the term and shall be reported to the supervisory authority for record.
Article 9
Two months prior to the prisoner’s subjected to compulsory physical and psychological treatment or counseling rehabilitation service, the enforcement authority shall hold a screening evaluation meeting while taking into consideration the prisoner’s criminal conduct, the situation in the authority, the family background, the interpersonal relationship, the schooling history, the physical and mental state or treatment, and other relevant information.
Once the screening and evaluation in the preceding paragraph is completed, the enforcement authority shall -- at the latest, two years prior to the prisoner’s satisfying the requirements for parole as stipulated in Article 77 of the Criminal Code, or prior to the prisoner’s serving the full sentence -- commence to impose compulsory physical and psychological treatment or counseling rehabilitation service on the prisoner for no less than two hours per month. In principle, at least one impact evaluation shall be conducted for every full year of the implementation, until the prisoner passes compulsory physical and psychological treatment or counseling rehabilitation service.
During the meeting of the treatment evaluation committee or the counseling evaluation committee, evaluation shall be conducted by taking into consideration the prisoner’s criminal conduct, the situation in the authority, the effect of the treatment or counseling, the risk of recidivism, protection factors in the social network, the prisoner’s statement, and other relevant information; the personnel participating in the treatment or counseling shall also attend the meeting to report the treatment or counseling status of the individual case.
When the evaluation results of the preceding three paragraphs have sufficient facts to support changes, extraordinary case-relevant evaluation committee meetings in accordance with the preceding articles shall be held to pass resolution for changes.
The prisoner shall be notified of the results of the evaluation and changes in accordance with the preceding four paragraphs with reasons stated.
Article 10
When handling a parole of the prisoner, attached therewith shall be a record of received compulsory physical and psychological treatment or counseling rehabilitation service, as well as an evaluation report on the effect of self-control and recidivism prevention with respect to the individual case. The risk of recidivism shall be deemed by the treatment evaluation or counseling evaluation committee meeting as significantly reduced before the prisoner shall be filed for parole.
Where the prisoner is deemed to be at risk of recidivism by the treatment evaluation or counselling evaluation committee meeting in accordance with Paragraph 1, Article 140 of the Act, and compulsory treatment is necessary, the enforcement authority shall submit the identification and evaluation reports and other relevant information to the prosecutor of the prosecutor’s office to request the court for a declaration of compulsory treatment after the prisoner’s release from prison.
Article 11
The enforcement authority shall, in accordance with Paragraph 2, Article 6 of the Regulation on Physical and Psychological Treatment, and Counseling Education for Sex Offenders stipulated by the authorization under Paragraph 6, Article 20 of the Sexual Assault Crime Prevention Act, implement the transfer of information about the prisoner before the release of the prisoner, and strengthen the contact with local competent authorities for the prevention and control of sexual assault crimes.
Article 12
These Regulations shall take effect as of July 15, 2020.
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