| 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. |
|---|
| Chapter 2 Establishment of Reformatory Schools |
| Article 10 | The Ministry of Justice shall separately establish Reformatory Schools for those subject to imprisonment and those subject to reformatory education.
The establishment and jurisdiction of the institutions referred to in the preceding paragraph shall be prescribed by the Ministry of Justice. |
|---|
| Article 11 | Reformatory Schools shall be established in the form of junior high schools. When deemed necessary, vocational divisions or elementary departments may be concurrently established. The institutions shall be named as some Junior High School.
Upon requirements, the Reformatory Schools may, in conjunction with the competent authorities governing occupational training, handle occupational training. |
|---|
| Article 12 | A Reformatory School shall establish divisions of academic affairs, disciplinary affairs, counseling, and general affairs, a security brigade, and an infirmary. Divisions with busy works may establish sections. |
|---|
| Article 13 | The academic affairs division shall take charge of the following affairs:
1. Drafting the education enforcement plan;
2. Affairs concerning the enrollment, class and grade arrangement, and curriculum compilation;
3. Affairs concerning internship guidance and industry cooperation;
4. Planning and enforcing the training and examination of Students' skills;
5. Assessing Students' performances of schoolwork and skill training;
6. Administering the library and reviewing Students' reading materials;
7. Designing and compiling the publications of the Institution;
8. Supplying teaching facilities, tools, and library materials and researching on teaching;
9. Handling counseling operations in cooperation with the counseling division; and
10. Other relevant academic affairs. |
|---|
| Article 14 | The disciplinary affairs division shall take charge of the following affairs:
1. Drafting the disciplinary enforcement plan;
2. Guiding and disciplining Students' lives and morals:
3. Reviewing the progressive treatment of Students;
4. Suggesting and reporting Students' parole or the exemption or cease of enforcement;
5. Affairs concerning Students' discipline, rewards, and punishments;
6. Affairs concerning Students' physical training;
7. Affairs concerning Students' extracurricular activities;
8. Implementing student guidance in cooperation with the counseling division; and
9. Other relevant disciplinary affairs. |
|---|
| Article 15 | The counseling division shall take charge of the following affairs:
1. Drafting the counseling enforcement plan;
2. Establishing the counseling data of Students;
3. Investigating, gathering, and studying Students' cases;
4. Enforcing and deliberating various mental tests concerning Students' intelligence, aptitude, and personalities.
5. Comprehensively studying, analyzing, and assessing Students' cases;
6. Enforcing affairs concerning student guidance and consultation;
7. Reviewing the performances of student consultation and guidance;
8. Compiling counseling publications;
9. Social contact affairs concerning home interviews, parent education, and follow-up counseling and rehabilitation protection after the Students leave the Institution;
10. Reporting, revising, and studying the performance of counseling work; and
11. Other planning and enforcing affairs regarding student counseling and social resource utilization. |
|---|
| Article 16 | The general affairs division shall take charge of the following affairs:
1. Receiving, delivering, drafting, and safekeeping documents;
2. Affairs concerning the custody of seals;
3. Compiling and administering affairs concerning student fingerprints, photos, name register books, and identity books;
4. Affairs concerning the disbursement and receipt of expenditures;
5. Affairs concerning the supplies and provisions of student uniforms and books;
6. Constructing and repairing buildings;
7. Affairs concerning the procurement, distribution, and safekeeping of articles;
8. Affairs concerning the procurement and safekeeping of machinery and materials for skill training;
9. Registering matters when students enter and leave the Institution;
10. Handling the death of Students and the things left behind by the deceased; and
11. Other affairs that do not belong to other divisions, brigades, or offices. |
|---|
| Article 17 | The security brigade shall take charge of the following affairs:
1. Affairs concerning the patrol and security protection of the Reformatory School;
2. Student guard and escort outside the Institution;
3. Handling affairs in the event of natural disasters, accidental outbreaks, escapes, and other emergencies;
4. Safekeeping and utilizing weapons and disciplinary implements;
5. Affairs concerning the distribution and enforcement of security duties; and
6. Other affairs related to security guard. |
|---|
| Article 18 | The infirmary shall take charge of the following affairs:
1. Drafting the Institution sanitation plan and inspecting and directing the sanitation of the facilities and environment;
2. Affairs concerning physical examinations, treatments of diseases and illness, epidemic prevention, and health consultation.
3. Administering Students' health information;
4. Guiding and correcting Students' mental hygiene;
5. Affairs concerning the dispensing and reserve of medicines and the procurement and administration of medical and examination equipment;
6. Affairs concerning the administration of wards and the training of nursing;
7. Affairs concerning the report and notification of student diseases and deaths; and
8. Other relevant medical affairs. |
|---|
| Article 19 | A Reformatory School shall have one principal, appointed, to oversee the Institution's affairs. Such a principal shall be selected from those who have served as a senior high school principal or possess the qualifications of a senior high school principal and have the knowledge and experience related to juvenile correction.
The appointment of the principal shall be done by the Ministry of Justice. The Act of Educational Personnel Recruitment and relevant provisions shall apply mutatis mutandis. |
|---|
| Article 20 | A Reformatory School shall have a deputy principal with a civil service rank of grade nine (9) to assist in the Institution's affairs and shall meet one of the following qualifications:
1. Having served or presently serving at a remedial agency as the deputy chief or secretary and possessing the knowledge and experience of juvenile correction with superior performance;
2. Having served at a middle school as the school director for more than three (3) years and possessing the qualifications of civil service with superior performance; or
3. Having served as a recommendation position at judicial administration work for more than three (3) years and possessing the knowledge and experience related to juvenile correction. |
|---|
| Article 21 | A Reformatory School shall have a dean of academic affairs, a dean of disciplinary affairs, and a dean of counseling, who are concurrently serving as the Institution's teachers and counselors. |
|---|
| Article 22 | The General Teaching Department and Special Teaching Department of a Reformatory School shall have teachers and counselors, on teacher and one counselor for each class, appointed in accordance with the Teacher Act and the Act of Educational Personnel Recruitment. Upon requirements, the Ministry of Justice may stipulate additional qualifications for counselors.
Each class shall have a tutor concurrently served by the teacher referred to in the preceding paragraph.
Upon requirements of teaching and other special purposes, a Reformatory School may appoint adjunct teachers, military training instructors, nursing teachers, and occupational trainers. |
|---|
| Article 23 | Instructors shall be responsible for the instruction and administration of Students' daily lives and supervision of schoolwork and shall assist counselors in relevant affairs concerning rehabilitation and assessment, aptitude and behavior counseling, and social contact.
Instructors that meet one of the following qualifications shall be selected preferentially:
1. With specialties in juvenile correctional education; or
2. With specialties in social work or equivalent experience in practice. |
|---|
| Article 24 | A Reformatory School shall have one (1) secretary with a rank of grade eight (8) to grade nine (9); one (1) dean of general affairs and one brigade leader both with a rank of grade seven (7) to grade nine (9); thirty (30) to forty-five (45) instructors with a rank of grade six (6) to grade eight (8); seven (7) to thirteen (13) section members and one (1) assistant technical specialist with a rank of grade five (5) or grade six (6) to grade seven (7); three (3) to five (5) sergeants with a rank of grade four (4) to grade five (5) , of whom two may have a rank of grade six (6); twenty-one (21) to thirty-five (35) officers and four (4) to six (6) clerks with a ranks of grade three (3) to grade five (5); and three (3) to five (5) associate clerks with a rank of grade one (1) to grade three (3)
The infirmary shall have one (1) dean with a rank of grade seven (7) to grade nine (9); one (1) doctor with a rank of grade six (6) to grade eight (8); one (1) medical inspector, one (1) pharmacist, and one (1) professional nurse with a rank of grade five (5) or grade six (6) to grade seven (7); and one (1) nurse with a rank of grade three (3) to grade five (5). |
|---|
| Article 25 | If a section is established pursuant to Article 12 hereof, the said section shall have a section chief concurrently served by a teacher or personnel of recommended position without grading. However, if the disciplinary affairs division has a female section, the section chief shall be concurrently served by a female instructor. |
|---|
| Article 26 | A Reformatory School shall establish a personnel office with one (1) chief personnel officer with a rank of grade seven (7) to grade nine (9). With simpler operations, personnel officers with a rank of grade five (5) to grade seven (7) may be arranged to handle personnel management affairs in accordance with the law. The remaining necessary working personnel shall be assigned within the personnel quota prescribed herein. |
|---|
| Article 27 | A Reformatory School shall establish an accounting office with one (1) chief accounting officer with a rank of grade seven (7) to grade nine (9). With simpler operations, one (1) accounting officers with a rank of grade five (5) to grade seven (7) may be arranged to handle annual budget, accounting, and statistical affairs in accordance with the law. The remaining necessary working personnel shall be assigned within the personnel quota prescribed herein. |
|---|
| Article 28 | A Reformatory School shall establish a civil service ethics office with one (1) chief civil service ethics officer with a rank of grade seven (7) to grade nine (9) to handle ethics-related affairs in accordance with the law. The remaining necessary working personnel shall be assigned within the personnel quota prescribed herein. With simpler operations, the ethics-related operations may be comprehensively handled by the civil service ethics agency subordinate to the superior agency of the Reformatory School. |
|---|
| Article 29 | The provisions of the Act of Educational Personnel Recruitment shall apply or be applicable mutatis mutandis with regard to the rights and obligations of the appointed personnel and personnel management affairs.
Those who participate in the correctional education as referred to in the preceding paragraph shall be given special reward and additional payments. Regulations governing the reward and additional payments shall be drafted by the Ministry of Education in conjunction with the Ministry of justice and shall be reported to the Executive Yuan for approval. |
|---|
| Article 30 | The personnel with ranks and grades specified in Articles 20, 24, and Articles 26 to 28 hereof shall be assigned in accordance with applicable title classifications provided in Article 8 of the Civil Service Employment Act. |
|---|
| Article 31 | With regard to the forty-nine (49) teachers and thirty (30) disciplinary instructors hired by the juvenile reformatory school before the Act is enforced, those who do not meet the qualifications of appointment may fill the job vacancies of instructors referred to in Article 24 by the original means of appointment and remain in employment till they resign or meet the qualifications of appointment.
Personnel that remain in employment as referred to in the preceding paragraph shall receive and pass the professional training held by the Ministry of Justice in advance. With regard to those who fail the training, if their employment contracts expire before the reformatory school completes the establishment of the Reformatory School, they may remain in employment till the contracts expire; if their employment contracts expire after the Reformatory School is established, they may remain in employment till the establishment of the said Reformatory School is complete.
The professional training as referred to in the preceding paragraph shall be held one at a time within three (3) years after the Act is promulgated by the Ministry of Justice. Each person may only attend the training once. Regulations governing the professional training shall be prescribed by the Ministry of Justice.
With regard to the twelve (12) associate technical specialist and nine (9) technicians hired by the original juvenile reformatory school before the Act is enforced, those who do not meet the qualifications of appointment may fill the job vacancies of assistant technical specialist, officers, clerks, or associate clerks referred to in Article 24 by the original means of appointment and remain in employment till they resign or meet the qualifications of appointment.
The personnel referred to in Paragraph 1 and Paragraph 4 that meet the qualifications of other posts shall be preferentially reassigned.
With regard to the ninety-six (96) junior clerks hired by the original juvenile reformatory school before the Act is enforced, those who do not have the qualifications of civil service may fill the job vacancies of officers or associate clerks referred to in Article 24 remain in employment till they resign.
The successive employment and reassignment of the personnel referred to in Paragraph 1, Paragraph 4 and the preceding paragraph shall be handled in accordance with the stages of the establishment of the Reformatory School prescribed in Article 83 hereof. |
|---|
| Article 32 | A Reformatory School shall establish a governing board consisting of the principal, deputy principal, secretary, deans of all divisions and offices, the entire full-time teaching staff and counselors or their representatives along with the instructors. The governing board shall be chaired by the principal to discuss major innovations. The governing board shall be convened at least once per semester. When deemed necessary, a provisional meeting may be held. |
|---|
| Article 33 | A Reformatory School shall establish a student treatment review committee which shall consist of the principal, deputy principal, secretary, dean of academic affairs, dean of disciplinary affairs, dean of counseling, dean of general affairs, dean of infirmary, and one-fourth of the tutors as their representatives and shall be chaired by the principal.
Affairs regarding student progressive treatment, the exemption or cease of enforcement of reformatory education, and other major treatments shall be decided through the resolution of the review committee of student treatment. If deemed necessary, relevant instructors may be invited to attend the meeting for explanation. When it is necessary to urgently impose a disposition, such a disposition may be done by the principal first then reported to the student treatment review committee for the record.
Meeting rules of the student treatment review committee shall be prescribed by the Ministry of Justice. |
|---|
| Article 33-1 | A Reformatory School shall establish a parole review committee, which shall consist of seven (7) to eleven (11) commissioners. Besides that the principal, dean of disciplinary affairs, and dean of counseling are the absolute commissioners, the rest commissioners shall be occupied by those scholars and experts of psychology, pedagogy, sociology, criminology, and prisons and other impartial personages, after reported to the Ministry of Justice for approval by the principal.
With regard to the student parole, Students may leave the Institution on their paroles after the decision is reviewed by the resolution of the parole review committee and reported to the Ministry of Justice for approval. |
|---|
| Article 34 | A Reformatory School shall establish an academic affairs board consisting of the dean of academic affairs, dean of disciplinary affairs, dean of counseling, and the representatives of the full-time teachers and counselors. The board shall be chaired by the dean of academic affairs to discuss major academic affairs. |
|---|
| Article 35 | A Reformatory School shall establish a disciplinary affairs board consisting of the dean of disciplinary affairs, dean of academic affairs, dean of counseling, dean of infirmary, entire tutors, counselors, and instructors. The board shall be chaired by the dean of disciplinary affairs to discuss major disciplinary affairs. |
|---|
| Article 36 | A Reformatory School shall establish a counseling board consisting of the dean of counseling, dean of academic affairs, dean of disciplinary affairs, dean of infirmary, entire counselors, tutors, and instructors. The board shall be chaired by the dean of counseling to discuss major counseling affairs. |
|---|
| 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. |
|---|
| Chapter 4 Supplemental Provisions |
| Article 81 | Expenses related to student education shall be covered by the budge prepared by the Ministry of Justice. |
|---|
| Article 82 | Upon the requirements, a Reformatory School shall periodically hold parental education or family communication activities to correct parental concepts and enhance the communication between the Students and their family. |
|---|
| Article 83 | After the Act is enforced, the Ministry of Justice may complete the establishment of Reformatory Schools with regard to the present juvenile reformatory schools and juvenile prisons within six (6) years in stages. |
|---|
| Article 84 | After the Act is enforced, in cooperation with the establishment of Reformatory Schools, with regard to those juvenile inmates who are under age of twenty-three (23) and originally study in the juvenile prisons, branch schools of juvenile reformatory schools, or extension schools attached to general prisons, their student statuses shall be transferred to the schools as prescribed in Article 6, Paragraph 3 hereof. The Reformatory Schools shall also assess and arrange those inmates to participate in appropriate grades to study. |
|---|
| Article 85 | The Act of Juvenile Reformatory Schools shall no longer apply after the Ministry of Justice, in accordance with the provisions of the Act, completes the establishment of Reformatory Schools in light of the original juvenile reformatory schools. |
|---|
| Article 86 | The enforcement date of the Act shall be prescribed by the Executive Yuan with an order. |
|---|