外界對受刑人及被告送入金錢與飲食及必需物品辦法

These Regulations are enacted in accordance with Paragraph 4, Article 77 of the Prison Act and Paragraph 4, Article 69 of the Detention Act.

1The terms used herein are defined as follows:

21.Authority: Referring to the 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;

32.Inmate: Referring to a prisoner or a detained defendant;

43.Senior Official: Referring to the head of an Authority under Subparagraph 1 and a person authorized thereby;

54.Property: Referring to money, food, necessities, or other valuable items.

65.Nearest relatives: Referring to the inmate’s spouse, lineal family, non-lineal family within 3 degrees of kinship, and relatives by marriage within 2 degrees of kinship.

76.Outside parties: Referring to inmate’s nearest relatives, family members, persons deemed necessary and appropriate by the authority, and persons requested by the inmate.

8The application (for naming the outside parties) under Subparagraph 6 of the preceding paragraph shall be submitted in writing by the inmate to the authority , and the number of named outside parties may not exceed 3 persons; the foregoing applies when there is a change to the list of outside parties.

1The authority shall process the property delivered by outside parties to inmates at the designated time and location on weekdays. The authority may, at its discretion, process such property on national holidays or other days off.

2The authority shall inspect the property delivered as set forth in the preceding paragraph. Where necessary, the authority may inspect the property with the aid of technological equipment or request relevant institutions (organizations), groups or professional personnel to conduct an inspection.

1The types of money delivered by outside parties shall be limited to New Taiwan Dollars, money orders issued by Chunghwa Post Co., Ltd., or cashier’s checks issued by other financial institutions in Taiwan.

2Each sender is only allowed to deliver money to the same inmate once per day, and the amount of each delivery shall not exceed NT$10,000, unless otherwise approved by senior officials.

3The money referred to in the preceding paragraph may be delivered in person, sent by post, or delivered by other means permitted by the supervisory authority according to the time and location designated by the authority. Only cash envelopes, money orders, and cashier’s checks may be sent by post.

4Where the total amount of an inmate’s money kept in the safekeeping of an authority exceeds NT$100,000, senior officials may, in accordance with Paragraph 2,limit either the amount of money delivered by outside parties or the frequency of delivery .

1The types of food delivered by outside parties shall be limited to staple food, dishes, fruits, and crackers or cookies.

2A defendant is allowed to receive food delivered by outside parties once per day, while a prison inmate is allowed once every three days, and the weight of each delivery shall not exceed two kilograms, unless otherwise approved by senior officials.

3Each outside party is allowed to deliver food once per day, and to one inmate only. The foregoing does not apply, provided the delivery person is a nearest relative or family member of inmates at the same correctional facility.

4The delivery of food by outside parties shall only be done according to the time and location designated by the authority.

1Each sender is only allowed to deliver necessities to the same inmate once per month. The limitations on the types and quantity thereof are as follows:

21.No more than three pieces or pairs each for shirts, pants, hats, socks, undergarments, and underpants;

32.Only one piece each for quilts, blankets, bed sheets, pillows, soaps, toothpaste, toothbrushes, and towels;

43.No more than three books or magazines;

54.No more than fifty envelopes, one hundred pieces of writing paper, NT$300 worth of stamps, and three pens or pencils;

65.No more than three photographs of relatives or friends;

76.Glasses depending on the actual need of the inmate concerned;

87.A National Health Insurance (NHI) certificate and other identity documents depending on the actual need of the inmate concerned.

9An inmate may apply to the authority with a completed application form for delivery of the aforesaid necessities by outside parties once per month. The types and quantity of such necessities shall be subject to the provisions of the preceding paragraph.

1A person who delivers property to an inmate must provide his/her identity document for verification, and must register his/her name, identity document number, telephone, residence or mailing address, name of the inmate to receive the property and inmate’s assigned number, relationship with the inmate, the types, quantity and origin of food or items delivered, and the amount of money delivered.

2An inmate may submit an application to the authority to provide the identity document and registration data mentioned in the preceding paragraph for verification.

1Where any of the following circumstances occurs and the authority deems that it adversely affects the order or security of the authority, the authority may restrict or prohibit related deliveries:

21.The provisions of Paragraph 1 of Article 3 or Articles 4 to 7 are violated;

32.The property delivered cannot be inspected, or is likely to deteriorate and consequently unable to be consumed or used after inspection;

43.The property delivered is perishable, dangerous, harmful, unsuitable for storage, or likely to adversely affect health;

54.The property is found to contain contrabands after inspection by the authority.

65.The food delivered is prepared by a food business that is deemed to have violated the Regulations on Good Hygiene Practice for Food by the food safety and sanitation authority and has not made improvements.

76.Delivery is prohibited or improper in accordance with the Prison Act, Detention Act, or other laws and regulations;

87.A fact is sufficient to establish that there are other circumstances that adversely affect the order or security of the authority.

1For the circumstances set forth in Subparagraphs 1 to 3 of the preceding article, if delivery may be approved after proper handling by the sender, the authority shall actively inform the sender and offer suggestions regarding proper handling. If the authority acknowledges that the property may be delivered after being handled by the sender, the authority shall approve such delivery.

2If the property delivered by a sender has a circumstance set forth in Subparagraph 4 or Subparagraph 7, Paragraph 1 of the preceding article, and there are facts sufficient to establish that the circumstance could adversely affect the order or security of the correctional facility, the senior official may conduct a necessary investigation, and prohibit delivery of property by such sender starting from the date of investigation, which, however may not exceed 30 days.

3If it is deemed following the aforementioned investigation that the circumstance will seriously endanger the order and security of the correctional facility, the senior official may prohibit delivery of property by said sender from the date the investigation is completed, up to three months.

4Before an authority makes the decision of banning a sender from delivering property during a certain period of time according to the preceding two paragraphs, the authority should give the person subject to disciplinary action an opportunity to voice his/her opinion, and the authority should produce a written administrative decision which specifies the following information:

51.Respondent’s name, date of birth, gender, ID card number, residence, or other features sufficient for identification.

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An inmate shall submit a written form to the authority to express his/her refusal to accept property delivered by outside parties.

1Where an authority restricts or prohibits deliveries in accordance with Paragraph 3 of Article 6 or Paragraph 1 of Article 8, or where an inmate refuses to accept property in accordance with the preceding article, the authority shall return the property to the sender and provide a specific reason for such return.

2Where the sender of the abovementioned property refuses to collect the property after being notified, fails to collect the property within a specified period, or cannot be reached, the authority shall make an announcement that lasting six months. Any property that remains unclaimed after the specified period expires shall be turned over to the national coffers, destroyed, or discarded.

3The announcement made by an authority, as set forth in the preceding paragraph, shall indicate the date and means of delivery, quantity and amount of the property, and other relevant information, and shall be published on the bulletin board or website of the authority or in other appropriate manners.

4An authority may destroy or discard items that are perishable, dangerous, harmful, or unsuitable for storage, or dispose of such items in other appropriate manners, while awaiting collection or during the announcement period as set forth in the preceding paragraph.

Where the property delivered by outside parties is suspected of being associated with criminal or illegal activities, the authority shall submit relevant evidence to the prosecutor’s office or judicial police that have jurisdiction for investigation or examination.

These Regulations may apply mutatis mutandis to the property delivered by outside parties to persons under observation or rehabilitation, persons under drug rehabilitation treatment, persons subjected to reformatory education, juvenile inmates and persons under custody.

These Regulations shall take effect in three months after promulgation.