保安處分處所戒護辦法

These regulations are formulated in accordance with the provisions of Paragraph 2 of Article 15 of the Rehabilitative Disposition Execution Act

1The institutions that enforce custody, abstention, and compulsory treatment and other rehabilitative measures (hereinafter refers to as the Enforcement Institutions) may install security personnel. Where there is no statutory establishment of security personnel, the enforcement institutions or commissioned professional organizations may hire security personnel to perform security maintenance work.

2In the scenario where the security personnel are employed by an enforcement institution, as mentioned in the preceding paragraph, the institution shall submit a report to the competent authority or its designated authority for reference.

3The security personnel, as mentioned in Paragraph 1, shall not have any of the following circumstances; If already employed, they shall be dismissed:

41. A sentence of fixed-term imprisonment, or more severe, has been determined and has not yet been executed, or has not been completed. However, those who are subject to a suspended sentence are not subject to this restriction.

52. A deprival of civil rights has been pronounced and confirmed by court, and such rights have not yet been restored.

63. A declaration of guardianship or assistantship has been pronounced by court and such declaration has not been withdrawn.

1Prior to assuming their duties, the security personnel, as referred to in the preceding Article, shall receive pre-service professional training and regular on-the-job training, as provided by the Ministry of Justice or its subordinate agencies.

2The training courses, as mentioned in the preceding paragraph, may be planned by the training organization, taking into account the opinions of the relevant enforcement institutions.

The heads of the enforcement institutions or their authorized officers, shall provide supervision and performance assessment for the security personnel, according to their performance of duties.

1In order to enforce security or to help maintain safety, the enforcement institution may adopt technological equipment to facilitate such actions.

2The categories, installation, management, use and data retention of, and other issues related to technological equipment compliance, shall be regulated in accordance with the provisions as stated in the Regulations Governing the Installation, Use and Management of Technical Equipment in Prisons and Detention Centers, by the Ministry of Justice.

1In order to maintain the order and safety of the enforcement institution, persons receiving disposition shall have their body, clothing and belongings checked by the enforcement personnel when entering or leaving the premises.

2If a body check, as described in the preceding paragraph, is to be performed by undressing, it should be done in a sheltered space, and care should be taken to protect the privacy and dignity of the persons receiving disposition.

3When there are sufficient facts to support a suspicion that, a person receiving disposition is in possession of items that may endanger the order and safety of the institution, the enforcement institution may conduct security inspections on the body and clothing of the person receiving disposition at any time. However, these actions should not exceed the extent necessary.

If the enforcement institution deems it necessary, it may conduct security inspections of the ward, or other relevant spaces, in which the person receiving disposition inhabits.

If a person receiving disposition is found to be in possession of articles that endanger the order and safety of the institution, he or she may be required to return whence they came, hand them over to a family member, or have them retrieved by an appropriate person, or make other appropriate arrangements, as the case may be. If a person is found to be a suspect of committing a crime, or involved in criminal liability, he or she should be reported or handed over to the competent authorities to be processed in accordance with the relevant provisions of the Code of Criminal Procedure.

1Except for those items that are brought in with consent, or that are necessary for the purpose of their entry into the enforcement institution, security personnel shall store all their belongings in a place, as designated by the enforcement institution.

2If any of the following circumstances apply to the personnel mentioned in the preceding paragraph, the enforcement institution may deny their entry, or require them to leave:

31. Refuse or evade inspection；

42. Carrying or using items brought in without consent；

53. Intoxicated or suspected of being intoxicated, or in an abnormal physical or mental state；

64. Evade, obstruct, or refuse to comply with the communicable disease control and prevention measures, as implemented by the institution, in accordance with the provisions of the Communicable Disease Control Act;

75. Any other conduct that may interfere with the order and/or safety of the enforcement institution.

8The provisions of the preceding two paragraphs shall also apply to non-enforcement institution employees who are admitted for entry.

1For the purpose of maintaining order and security, the enforcement institution may, if necessary, require the person receiving disposition to wear specific clothing, and may take photographs or record their physical characteristics, as a means of identifying the person receiving disposition.

2The enforcement institution may require a person receiving disposition to shave and take bath in order to maintain public health and/or personal hygiene.

1Under any of the following circumstances, security personnel may take necessary actions or measures against a person receiving disposition, in order to prevent or eliminate harm. However, such actions should not exceed the extent necessary:

21. In the event of escape, self-harm, violence or other such behaviors that disrupt order.

32. In the event, as required for a rescue, it is necessary to implement restraint and protection to prevent a hazard.

43. In the event that a person receiving disposition leaves the institution, and there is sufficient evidence supporting the circumstances, as described in the first paragraph, and it is deemed necessary.

5The treatment or measures that may be taken individually or in combination, under the circumstances as described in the preceding paragraph, are as follows:

61. Demand immediate cessation of unlawful or wrongful conduct;

72. Apply restraint straps;

83. Apply straitjacket;

9

1If a person receiving custody, abstention or compulsory treatment is involved in one of the following activities, security personnel may use a baton, protective sprayer, or other appropriate apparatus, on such a person, as deemed necessary:

21. When the person in question commits battery or threatens the life, body, or freedom of another person, or when there is sufficient evidence to believe that battery or such a threat will be committed.

32. When the person in question is in possession of objects adequate to commit battery or produce threats, and refuses to comply with orders to give them up.

43. When the person in question gathers a crowd to incite a riot, or engages in other disorderly conduct, and refuses to comply with orders to desist such activities.

54. When the person in question escapes, or attempts to escape, and then defies arrest.

65. In the event that the equipment and/or facilities of the enforcement institution are seized or vandalized, or when there is a sufficient reason to believe that it is in eminent danger.

7The categories and specifications of the batons, protective sprayers or other appropriate apparatus, as mentioned in the preceding paragraph, are listed in Appendix II.

In the event of a major extraordinary circumstance occurring in the premises of an enforcement institution, the police authority or other relevant authorities may be called upon to assist in strengthening the security and enhancing the protection of the persons receiving disposition.

These Regulations shall come into force on the date of their promulgation.