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IV.Various visit related matters

  • Publication Date :
  • Last updated:2021-01-27
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Q 4-1、After entering the correctional agency, when can an inmate be visited?

A:

After entering the correctional agency, after completing the new inmate procedures and confirming their identity, the inmates can be visited within the prescribed time.

Q 4-2、What time does the agency handle for visit? Can I visit on consecutive holidays or national holidays?

A:

  • The visit period for correctional agencies is the working day of the "Office calendar of the ROC government agencies" announced by the Directorate-General of Personnel Administration, Executive Yuan.
  • The first Sunday of each month is the date of holiday visit. The agency will announce the date of holiday visit on the agency’s global information website and the bulletin board in the visit room.

Q 4-3、What is the process of the visit?

A:

  • The process is as follows (subject to the announcement of each agency):
    • Fill in the application form at the guardhouse.
    • Bring identity documents to the check-in window.
    • Prepare identity documents waiting for the visit (Follow the steps).
    • Visit at the reception room window (Must not use communication, video, or recording equipment during the process).
  • Identity documents:Identity card, driver’s license, household Registration Transcript or Household Certificate (for children over 5 years of age without an ID card), passport or a document that proves identity (must contain the date of birth, ID card number, address, photo, etc.). Foreigners should show passport, residence certificate, entry/ exit permit. In addition, should bring the identity document of the relationship with the inmate.
  • Each visit is limited to 3 people. If visitor brings a child under the age of 12, the number of children will not be counted in the number.

Q 4-4、How to check the inmate is in the correctional agency or can be visited?

A:

  • After the new inmate enters the agency, the agency will send a "Notice of Inmate in Prison (institution, school)" to inform the relevant regulations for visit and remind relatives to be careful about scam.
  • When new inmate enters the agency, the agency will ask him to fill in the "Inmate Information Open Inquiry Form", and if he chooses to agree, it will be open for inquiry. If it involves personal privacy information (such as crime, sentence, date of release, etc.), please ask the inmate.

Q 4-5、What are the reasons for the agency's reject the visit?

A:

The reason is as follows:

  • Not carrying identification documents, failed to register relevant information as required, or objects that inmate can visit.
  • The number of visits has reached the limit.
  • The inmate refused to visit.
  • The courts or prosecutors list visitors or inmates who are rejected to visit in accordance with the provisions of the Code of Criminal Procedure.
  • Acts that disrupt the order or safety of the agency.
  • The visitors who are restricted or prohibited by other laws.

Q 4-6、What are the reasons for the agency to suspend the visit?

A:

During the interview, it was discovered that disrupt the order or safety of the agency. Or the visitor uses communication, video, or recording equipment.

Q 4-7、The identity category of the inmate is different. What the number of visit? Who are the visitors?

A:

  • The level4 inmates 1 visit a week;the level3 inmates 1 or 2 visits a weekthe level2 inmate 1 visit every 3 daysNo limit to the number of visits with level1 inmates, in principle once a day. As for inmates who are not subject to progressive corrective treatment 1 visit a week. Level4 inmates are allowed to visit with their relatives. Inmates above the level3 may be allowed to meet with non-relatives. As for inmates who do not subject to progressive corrective treatment, the prisons are not restricted or prohibited. Unless otherwise stipulated by regulations or refused by the inmate’s wishes.
  • The defendant (except for those who are prohibited from being visited) and inmate under custody 1 visit a day. Each time is limited to 30 minutes, if there is a last resort, those with the permission of the detention center chief are not subject to this limit; in principle, there are no restrictions on the subject.
  • Under observation and rehab people 1 visit a week; Each time is limited to 30 minutes. However, it may be added or extended upon the permission of the institution chief; the subject is limited to spouses and direct blood relatives except for special reasons with the permission of the institution chief. If there is an obstacle to the execution or the benefit of the person, it may be prohibited or restricted.
  • People receiving rehabilitation (detoxification) treatment 1 visit a week; Objects are the nearest relatives and family membersAfter entering the psychological counseling period, will visit with non-relatives and family members, but limited to the execution that is beneficial to the treatment and the permission of the head of the Institution is required.
  • Juveniles subjected to educational discipline 2 visit a week;The object is relatives and friends, but it is prohibited to obstruct the education implementation or the interests of juveniles.
  • There is no limit to the number of interviews with Juvenile inmate, but shall not affect agency management and discipline;The object is relatives and friends, but if it hinders the investigation of the case and the interests of the juvenile, they may not be allowed to visit.
  • The 4th class people who subjected to compulsory labor 1 visit a week;The 3th class People subjected to compulsory labor 1 to 2 visit a weekThe 2th class People subjected to compulsory labor 2 visit a weekThere is no limit to the 1th class People subjected to compulsory labor, but shall not affect agency management and discipline. Objects are relatives and friends.
  • Weekly calculation means from Sunday to Saturday. In addition, the daily calculation includes national holidays.

Q 4-8、Can a cohabitant or same-sex couple visit with the inmate as a family member?

A:

  • Family members are in accordance with Article 1123 of the Civil Law, people in the same family, except for the parents, are family members. Those who are not relatives but live together for the purpose of "permanent living together" are regarded as family members.
  • To prove the family relationship, supporting documents should be presented or confirmed by investigation data.
  • If the public applies for the visit as a family member of the inmate, they can prepare their identity card, household registration information, and the affidavit of both parents, the certificate of the village chief or other certifiable documents. After the agency recognizes the relationship between the two parties, they can be visited as family members.

Q 4-9、If the inmate is divorced, can the former parents or husband (wife) accompany their legitimate children to meet?

A:

  • The former spouse of the inmate or a person who has been related by marriage accompanies the children of the inmate to visit, and the agency may review and approve it in accordance with relevant regulations or on the basis of authority. But if the inmate refuses to meet, this is not the limit.
  • During the review by the agency, applicants should present their identity documents. The agency will check the record of household Certificate or household registration transcript, the parents’ column of the child and the relationship with the applicant. Allow the visit after confirming that the relationship is correct.

Q 4-10、Why can't the visit ban defendant be visited? How do I know that he has lifted the ban and applied for a visit?

A:

  • According to the Code of Criminal Procedure, if the court considers that the defendant is at risk of escape, annihilation, counterfeit, alteration of evidence, collusion with accomplices or witnesses due to the visit, the defendant may be prohibited from visiting on the request of the prosecutor. However, when there is an urgent situation, the prosecutor may first make necessary sanctions and report to the court for approval.
  • If the ban is lifted, you will be able to visit. The defendant can send a letter or apply for the use of communication equipment to notify relatives of the visit.

Q 4-11、If there is a major incident at home, can I apply for another visit?

A:In the event of a major incident in the home of the inmate (e.g. accident, critical illness or bereavement, etc.), the inmate may apply for using communication equipment to contact instantly. In addition, family members can explain the reason to the agency, and the agency may extend the visit time, handle additional visits or other flexible adjustments.

Q 4-12、Can spouses or direct blood relatives visit in different agencies?

A:

  • The spouse or direct blood relative of the inmate who is in the correctional agency may submit relevant certification documents to apply for the visit with communication equipment.
  • If any inmate is forbidden by the court or prosecutor in accordance with the Code of Criminal Procedure, the agency will reject the application.

Q 4-13、What is a communication visit? What are the application requirements?

A:

  • In order to facilitate the inmates, family members, nearest relatives, lawyers, defenders, or other persons with specific circumstances, the correctional agency shall install telephone, remote interview or other communication equipment.
  • Objects, conditions, procedures, frequency, time, number of people, echelons, communication methods, reasons for refusal or suspension, charges, and other matters to be complied with, regulate the use of communication and visit methods in prisons and detention centers and publish information.
  • Applicant and reason
    • Statutory reasons for the inmate’s application:
      • The family members or nearest relatives of the inmate is bereavement or life-threatening.
      • The family members or nearest relatives of the inmate have not met or communicated in the past 3 months.
      • The spouse or direct blood relative of the inmate is in another correctional agency.
      • The inmate requests a visit with diplomatic, consular personnel, and representative of the country or region.
      • The agency is based on humanitarian considerations or is deemed necessary for agency management.
    • Statutory reasons for the requester to apply:
      • Family members or nearest relatives.
      • Attorney or defender.
      • A person other than the preceding two items has one of the following circumstances:
        • Over 65 years old or under 12 years old.
        • Suspected or suffering from a disease specified in the Communicable Disease Control Act.
        • Suffering from catastrophic illness of Regulations Governing the Exemption of the National Health Insurance Beneficiaries from the Co-Payment.
        • The disabled.
        • The person or his belongings have been harmed by the disaster of Disaster Prevention and Protection Act.
        • Death or life-threatening of family members or nearest relatives.
        • Diplomatic, consular personnel, and representative of the inmate country or region.
        • Other major or special circumstances recognized by the agency.
  • Number and time of visits:Inmates use communication visits, based on the principle of twice a month. (Excluding the bereavement or life-threatening of the inmate’s family or recent relatives, visits with diplomatic, consular personnel, lawyers, and defenders, personal or property damage, or other agencies consider it necessary, etc.) Each time is limited to 30 minutes, but the agency can adjust the frequency or time when it considers it necessary.
  • Number of visit:Use remote equipment to visit up to 2 people each time. For other visit methods, the agency may adjust the number of visit depending on the method or space.
  • Procedure and method:
    • Applicants must check and submit relevant documents (details as described in (B) and (C)) within the specified period and submit an application to the agency. The application form can be obtained from the agency, or downloaded from the agency’s global information website and online application system for convenient services of the Ministry of Justice (URL: http://www.moj.gov.tw/login/login.htm).
    • Application period

Applicant and reason

Application period

Requested

By

Inmate

Death or life-threatening of family members or nearest relatives.

Within 1 month after the death of a family member or nearest relative.

Within 7 days after a life-threatening situation.

Family members or nearest relatives have not communicated in the past 3 months.

Apply 7 to 2 days before the interview date.

The spouse or direct blood relative of the inmate is in another correctional agency.

Apply 7 to 2 days before the interview date.

The inmate requests a visit with diplomatic, consular personnel, and representative of the country or region.

Apply 7 to 2 days before the interview date.

The agency is based on humanitarian considerations or is deemed necessary for agency management.

Apply according to actual needs.

Requested

By

The

applicant

Relatives or nearest relatives.

Apply 7 to 2 days before the interview date.

Lawyer or defender.

Apply 7 to 2 days before the interview date.

A person other than the preceding two items has one of the following circumstances

Over 65 years old or under 12 years old.

Apply 7 to 2 days before the interview date.

Suspected or suffering from a disease specified in the Communicable Disease Control Act.

Apply 7 to 2 days before the interview date.

Suffering from catastrophic illness of Regulations Governing the Exemption of the National Health Insurance Beneficiaries from the Co-Payment.

Apply 7 to 2 days before the interview date.

 

 

The disabled.

Apply 7 to 2 days before the interview date.

The person or his belongings have been harmed by the disaster of Disaster Prevention and Protection Act.

Apply 7 to 2 days before the interview date.

Death or life-threatening of family members or nearest relatives.

Within 1 month after the death of a family member or nearest relative.

Within 7 days after a life-threatening situation.

Diplomatic, consular personnel, and representative of the inmate country or region.

Apply 7 to 2 days before the interview date.

Other major or special circumstances recognized by the agency.

Apply according to actual needs.

         
  • Documents should be provided:

Applicant and reason

Documents should be provided

Requested

By

Inmate

Death or life-threatening of family members or nearest relatives.

Documents related to die within 1 month, or critically ill within 7 days of family members or nearest relatives.

Family members or nearest relatives have not communicated in the past 3 months.

Proof of relationship with the visitor.

The spouse or direct blood relative of the inmate is in another correctional agency.

Proof of relationship with the visitor.

The inmate requests a visit with diplomatic, consular personnel, and representative of the country or region.

Identity documents of the visitor. (If it cannot be provided, the agency can use the survey data to determine.)

The agency is based on humanitarian considerations or is deemed necessary for agency management.

Documents required to be notified by the agency.

Requested

By

The

applicant

Relatives or nearest relatives.

Identity document and proof of relationship with the inmate.

Lawyer or defender.

Identity document and documents of the appointment or negotiation of appointment matters.

A person other than the preceding two items has one of the following circumstances

Over 65 years old or under 12 years old.

Identity document.

Suspected or suffering from a disease specified in the Communicable Disease Control Act.

Identity documents and documents related to suspected or infectious diseases.

Suffering from catastrophic illness of Regulations Governing the Exemption of the National Health Insurance Beneficiaries from the Co-Payment.

Identity documents and documents related to catastrophic illness.

The disabled.

Identity documents and documents related to the disabled.

The person or his belongings have been harmed by the disaster of Disaster Prevention and Protection Act.

Identity documents and sufficient documents to prove the disaster.

Death or life-threatening of family members or nearest relatives.

Documents related to die within 1 month, or critically ill within 7 days of family members or nearest relatives.

Diplomatic, consular personnel, and representative of the inmate country or region.

Identity documents and other relevant documents.

Other major or special circumstances recognized by the agency.

Documents required to be notified by the agency.

 

  • After the review, the applicant will be notified by phone, email, or other means. Applicants should visit at the specified time and method designated by the agency. Applicants can contact the agency for inquiries on the day before the visit.
    • The visit method is limited to telephone and other equipment designated by the agency.
    • If the agency permits remote visit, the applicant should go to the permitting agency with an ID card at the scheduled time.
    • The applicant cannot visit for some reason, please contact the agency by phone to cancel.
    • If the applicant fails to visit according to the specified time and method designated by the agency more than 3 times in the last 6 months, the agency may reject the application within 3 months from the date of the last failure visit.
  • Under any of the following circumstances, the agency may refuse the inmate or applicant to use communication equipment to visit:
    • The inmate refused to visit with the applicant.
    • The inmate or applicant fails to comply with the regulations on using communication equipment.
    • The applicant fails to visit according to the specified time and method designated by the agency more than 3 times in the last 6 months, the agency may reject the application within 3 months from the date of the last failure visit.
    • The inmate or applicant is prohibited from visiting by the court or prosecutor in accordance with the code of criminal procedure.
    • In accordance with the law of execution in prison, detention act, or other regulations, the agency may reject the applicant.
  • When one of the following situations occurs during the visit, the agency may suspend:
    • Those who are not allowed to meet.
    • Use non-designated communication equipment for the visit, or take pictures, video, record or use other audio-visual facilities without permission.
    • Those who are permitted to visit insult and make noise, or destroy the premises or equipment, and refuse to stop.
    • Permitted visitor circumvent, obstruct or refuse agency regulations.
    • Acts of the inmate or permitted visitor that disrupt the safety or order of the agency.

Q 4-14、Can I make an appointment in advance?

A:

In order to avoid affecting the rights of the public and the inmate, the on-site application system is adopted for visits and no prior appointments are allowed. To prevent people from being unable to visit due to restrictions on the inmate identity, frequency, and object type, the public can call the agency in advance. If the inmate has applied for consent to the public's inquiry, the agency can provide basic personal information to determine whether it meets the visit requirements.

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