Q 11-1、Can relatives and friends of the inmate apply for the inmate to be transferred to a closer prison to facilitate the visit?

A：

The inmate can apply for transfer to a designated prison under any of the following circumstances：

• The father, mother, and spouse of the inmate. (age 65 or older) Or have children under 12.
• The grandparents, parents, spouses, or children of the inmate have a certificate of major illness or disability.

Q 11-2、In the previous question, how should the relatives and friends of the inmate apply?

A：

• The application form should be filled in and the household registration certificate and other supporting documents within the last month should be prepared. (E.g. photocopy of household certificate, household registration transcript, certificate of major illness, disability identification)
• After receiving the document at the designated window of the agency, it will be forwarded to the inmate, and the time of receipt and forwarding will be recorded. The inmate shall follow the procedures in the preceding paragraph.
• When relatives and friends of the inmate submit relevant supporting documents, they can use fax, Internet, or other appropriate methods.

Q 11-3、Following the question, will this type of transfer application be passed?

A：

• Not necessarily. It is possible that the application will be rejected due to the inconsistency of the prisoner’s qualifications; or the difficulty of continuing the inmate in the designated prison.
• If the inmate meets the following requirements, the prison will attach the roster management information, transfer eligibility list, and relevant certification documents, and report to the Ministry of Justice for review：
  • Has been in prison for more than 4 months or moved from another prison for more than 6 months.
  • The remaining prison term exceeds 4 months.
  • No parole case under review.
• Those who meet the following requirements may be approved to be transferred to the designated prison：
  • The inmate meets the designated prison standards.
  • The designated prison population does not exceed the approved capacity.
  • The executive prison and the designated prison are not in the same city or county (city).
  • No major construction, repairs, and urgent safety, or health hazard in the designated prison.
  • If the designated prison does not comply with the above (A), (B), (D), the Ministry of Justice may approve transferring to another prison in the same area according to the inmate's wishes. If relatives and friends of the inmate are unclear, they can ask the prison general affairs section.

Q 11-4、What are the conditions for applying to the minimum-security prison?

A：

The inmate must meet the following conditions：

• Active qualification：
  • Execution of limited-term imprisonment for more than two months.
  • The sentence is less than 7 years； The sentence is more than 7 years but not more than 15 years and the progressive corrective treatment is advanced to level 3 or higher； The sentence is more than 15 years and the progressive corrective treatment is advanced to level 2 or higher；Life imprisonment and the progressive corrective treatment is advanced to level 1.
  • The above conditions refer to the absence of the following conditions:
    • Gathering crowds to commotion, violently intimidating government employee, medical personnel, or counselors.
    • Escape behavior or facts prove that there is a risk of escape.
    • Repeatedly falsely accuse and insult the correctional staff.
    • There are violation records in the last year or more than three violations during the execution period.
    • Once elected to be in minimum-security prison but sent to another prison due to serious violation or negligence.
    • Once participated in out-of-prison Labor but stopped due to serious violation or negligence.
    • Currently suffering from a certifiable disease or psychosis.
• Negative qualification( inmates who have one of the following conditions shall not be selected)：
  • Committing Article 161 of the Criminal Law.
  • Committing a crime of Against Narcotics Act.
  • But the previous case that has been executed is not limited to this.( The previous cases are all those who have been sentenced to limited-term imprisonment of less than six months)
  • Revocation of parole for crime.
  • Another Rehabilitative Measures is pending.
  • Committing the crime of article 2 Item 1 in the Sexual Assault Crime Prevention Act. Or commit the crime of domestic violence in Article 2, paragraph 2, of the Domestic Violence Prevention Act.

Q 11-5、How do inmates apply for execution in the minimum-security prison?

A：

• The selection is handled once a quarter, and the inmate can apply. After the agency conducts the qualification review and appraisal of points, will report to the Agency of Corrections, Ministry of Justice for review.
• The Agency of Corrections reviews the points of the inmates and asks the selection team for review. The deliberation decision must be approved by more than one-half of the members present. It will be distributed according to the inmate's volunteers and the needs of the minimum-security prison.
• The male minimum-security prisons include Bade, Mingde, Zihciang, Wuling, Taichung and Pingtung prisons. The female minimum-security prisons are the Taichung Women’s Prison and the Yilan Prison.

Q 11-6、Can the family members be notified in advance of the date of transfer of the prisoner?

A：

• Due to security considerations, the date and time of the prisoner’s transfer cannot be notified to the prisoner’s family in advance. Within 3 days of the transfer completion, notify the inmate's family or nearest relatives in writing, telephone, fax, information network, or other methods, and make records. But those who cannot be notified are not limited to this.
• If there are several of the aforementioned family members or nearest relatives, only one of them will be notified.