妨害性自主罪與妨害風化罪受刑人身心治療輔導及教育實施辦法

These Regulations are hereby established in accordance with Article 115, Paragraph 3 of the Prison Act (hereinafter referred to as “the Act”).

The term “enforcement authority” herein shall refer to correctional facilities designated by the supervisory authority to provide physical and psychological treatment, counseling, and education for prisoners convicted of sexual and morality offenses.

The physical and psychological treatment, counseling, and education described herein shall apply to persons serving sentences for offenses specified in Article 91–1 of the Criminal Code.

Enforcement authorities shall augment the relevant facilities and resources to meet the professional requirements for carrying out physical and psychological treatment, counseling, and education.

Enforcement authorities shall formulate plans for the implementation of physical and psychological treatment, counseling, and education for prisoners convicted of sexual and morality offenses and submit such plans to the supervisory authority for approval. Implementation status shall be reported to the supervisory authority for recordation on an annual basis.

1Enforcement authorities may entrust the following institutions, legal entities, and organizations or appoint the following individuals to carry out physical and psychological treatment, counseling, and education:

21.Hospitals offering psychiatric outpatient clinics or wards that have passed the hospital evaluation administered by the central competent health authority;

32.Specialized psychiatric hospitals passing the hospital evaluation administered by the central competent health authority;

43.Legally established or registered institutions, legal entities, or organizations with practical experience in the prevention and control of sexual assault crimes; and

54.Physicians, psychologists, nurse practitioners, social workers, special education personnel, or professionals with practical experience in the prevention and control of sexual assault crimes.

6Personnel who provide physical and psychological treatment, counseling, and education services must complete the relevant training in accordance with the curricular standards for physical and psychological treatment, counseling, and education for sexual assault perpetrators, as established by the central competent authority for sexual assault crime prevention and control.

1A correctional facility that is not a designated enforcement authority shall, pending approval by the supervisory authority, transfer prisoners within the scope defined in Article 3 herein with a remaining sentence of more than two months to an enforcement authority for physical and psychological treatment, counseling, or education within the period stipulated below:

21.Following a prisoner’s admission to the correctional facility and at least two years and six months prior to their satisfying the requirements for parole, as set forth under Article 77 of the Criminal Code; or

32.Following a prisoner’s admission to the correctional facility and at least two years and six months prior to the completion of their full sentence.

4The foregoing notwithstanding, prisoners with a remaining sentence of two months or less shall be subject to the appropriate counseling or educational measures by the correctional facility.

1Each enforcement authority shall establish an evaluation committee consisting of at least seven members who are specialists or experts familiar with the characteristics of sexual assault crimes, including psychiatrists, psychologists, social workers, probation officers, juvenile protection officers, special education personnel, legal experts, criminal victim protection group representatives, experts/professionals in crime prevention, and representatives from the enforcement authority. The number of members of any gender shall not be less than one-third of the committee membership.

2The evaluation committee described in the preceding paragraph shall be convened by each enforcement authority either regularly or on an ad hoc basis to review treatment effectiveness. A committee chair shall be elected from among the committee members. In the event that the elected chair is unable to preside over a meeting, an acting chair shall be elected from among the members in attendance.

3Each committee member shall serve a term of one year and may serve consecutive terms if reappointed. The enforcement authority may remove any member deemed unfit or unable to perform their responsibilities from the committee and appoint an appropriate alternate who meets the stipulations of Paragraph 1 to serve out the remainder of the term.

4The appointment, reappointment, removal, and replacement of committee members shall be reported to the supervisory authority for recordation.

1The enforcement authority shall consider a prisoner’s criminal offense(s), institutional adjustment, childhood and family background, interpersonal relationships, schooling and employment history, physical and mental state/treatment, and other relevant information to prepare an initial assessment report.

2The enforcement authority shall, in principle, conduct at least one evaluation of each prisoner after every full year of physical and psychological treatment, counseling, or education until the prisoner’s risk of recidivism shows a significant decrease, as determined by the evaluation committee.

3During the treatment period, each prisoner shall, in principle, undergo no less than two hours of treatment per month. In case of extraordinary circumstances, the average monthly hours of treatment may be used instead.

1The evaluation committee may only convene with more than half of its members in attendance.

2Resolutions may be made by consensus or through a secret ballot. In the case of the latter, a resolution may only be made with over half of the attending members in concurrence.

3Committee members shall recuse themselves from deliberation should any of the following hold true in relation to the case being evaluated:

41.They currently are or have previously been the prisoner’s spouse, parent, dependent, or relative within the fourth degree of kinship by blood or third degree of kinship by marriage.

52.They currently are or have previously been the prisoner’s legal agent, attorney, or assistant.

63.They currently are or have previously been a victim of the prisoner or a victim’s spouse, parent, dependent, or relative within the fourth degree of kinship by blood or third degree of kinship by marriage.

7Prisoners may request the recusal of a committee member whom they believe, based on tangible evidence, to be biased against them by submitting a statement citing the grounds and facts of the case to the evaluation committee.

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1The evaluation committee shall review the following information pertaining to the prisoner in question:

21.Judgments and rulings

32.Criminal records

43.Initial assessment report

54.Institutional adjustment

65.Physical/psychological treatment, counseling, and education records

76.Risk of recidivism

87.Social network protective factors

98.Statements by the prisoner

109.Other relevant information

11Personnel carrying out physical/psychological treatment, counseling, and education shall attend committee meetings to make a statement on the prisoner’s treatment, counseling, and education progress.

1Statements described in the preceding paragraph shall be made in writing.

2Those who are unable to prepare a written statement may instead provide a verbal statement, which shall be transcribed by the enforcement authority and read by or read back to the declarant, who shall sign or affix a seal to the transcript as confirmation of its accuracy. Reasons for the lack of a signature or seal shall be noted if the declarant refuses to sign or affix a seal.

3In addition to the statement described in the preceding two paragraphs, a prisoner may make a statement at an evaluation meeting in person in either of the following circumstances:

41.The prisoner has undergone physical/psychological treatment, counseling, or education for more than five years but is deemed by the evaluation committee to have shown no significant decrease in the risk of recidivism.

52.The evaluation committee considers an in-person statement necessary.

1When processing the parole application of a prisoner, attached therewith shall be a record of received physical/psychological treatment, counseling, or education, as well as a treatment effectiveness assessment report with respect to the prisoner’s self-control and risk of recidivism. Parole shall only be permitted if there is a significant decrease in the risk of recidivism.

2Where the prisoner is deemed to be at risk of recidivism and in need of compulsory treatment following an evaluation in accordance with Article 140, Paragraph 1 of the Act, the enforcement authority shall forward the assessment report and other relevant information to the competent prosecutor of the Prosecutor’s Office, who shall file a motion with the court for a ruling that mandates compulsory treatment following the prisoner’s release.

In accordance with the Regulations on Physical and Psychological Treatment, Counseling, and Education for Sex Offenders, correctional facilities shall provide a written notice to the competent local sexual assault crime prevention authority in the administrative region where a prisoner’s household registration is based at least two months prior to the prisoner’s completion of their sentence or, if the prisoner is approved for parole, before their release on parole. The notice shall provide information relevant to the prisoner’s treatment progress and community-based referral needs.

These Regulations shall be enacted three months after their promulgation.