Q 15-1、What is the treatment level of inmates?

A：

• Progressive treatment refers to the treatment of the inmates, divided into 4 levels. According to their performance in prison, they are gradually advanced. The higher the level, the more lenient the treatment.
• For those with a prison term of more than 6 months, starting from the 4th level, their liability scores will be determined based on the term of prison, the old and new laws, the number of offenses, and the type of offense. Use their monthly scores to offset the responsibility scores, and those who have lost everything will be gradually upgraded to Level 3, Level 2, and Level 1. In addition, the liability score of juvenile inmate is reduced by 1/3; the liability score of recidivists is increased by 1/3; revocation of parole inmates' liability score increased by 1/2; those with multiple conditions will be calculated according to the ratio.
• After the prisoner is graded, the correctional staff will give monthly scores (operation, education, conduct) based on the daily assessment. If there are extra scores, they will be incorporated into the new level calculation.

Q 15-2、What are the conditions for the prisoner's parole?

A：

• Parole refers to a prisoner who has been sentenced to life or limited-term imprisonment. Before the term of the sentence expires, the execution exceeds the statutory period, and there is real evidence of repentance. After the prison submits to the Agency of Corrections, Ministry of Justice for permission, he is temporarily released from prison.
• The requirements for reporting parole are determined based on the time of the crime. The legal conditions are as follows:
• Adult inmate:
• The criminal law enforced on July 1, 2006, is applicable: life imprisonment execute more than 25 years; first-time imprisonment execute more than 1/2, repeated offenders execute more than 2/3, but the execution of limited-term imprisonment must be at least 6 months; if applicable 86 Criminal Law Enforced on November 28, 1997: General inmate Life imprisonment must execute 15 years, repeat offenders must execute 20 years, and limited-term imprisonment executes the sentence 1/2 of the crime, and more than 2/3 of the repeat offender; if applicable, the sentence imposed on January 30, 1994 Law: Generally inmates, the life imprisonment of a prisoner must execute more than 10 years, and the limited-term imprisonment execute 1/3.
• In the past 3 months, the scores for operation, education, conduct, etc. should all be above 3 points. But for those who can’t stand the operation, the operation score is not limited.
• There is evidence of regret.
  • Juvenile inmate:
    • Life imprisonment execute more than 7 years; but the execution of limited-term imprisonment must be at least 6 months.
    • Progressive corrective treatment progress to level 2 or higher.
    • In the last 3 months, the score for education should be 4 or more; the score for conduct should be 3 or more; the score for operation should be 2 or more. But for those who can’t stand the operation, the operation score is not limited.
    • There is evidence of regret.
• Before the decision is made, 1 day in custody equals 1 day of imprisonment. For life imprisonment, the number of days in custody cannot discount imprisonment. But the part in custody for more than 1 year is included in the sentence.
• Those who meet the above conditions may submit a parole review meeting, and then submit a report to the Agency of Corrections, Ministry of Justice for review. Only those with permission can be released on parole. However, those who have been executed for less than 6 months, recidivists of serious crimes, and those who have not significantly reduced the risk of recurring sexual assault after treatment or counseling, are not subject to this limit.

Q 15-3、Will the inmate or his relatives be notified after the parole is passed?

A：

• The review of parole is handled by the Edification and Education Section, without paying any fees or hiring a lawyer to apply.
• If parole is not granted, the Agency of Corrections, Ministry of Justice will provide reasons. The agency delivers the statement of reasons to the inmate； Family members will not be notified of parole. The family members will be notified unless the prisoner has difficulty returning home by himself, is seriously ill, mentally ill, or is a domestic violence offender.
• Due to the different time schedules for the prisoners to report on parole, the exact date of the report will be calculated by the counsel based on personal data before being notified.

Q 15-4、What is the duration and effect of the inmate's parole?

A：

• During parole：
• According to the criminal law amendment, there are the following three situations：
  
  • Applicable to the Criminal Law was implemented on July 1, 2006: The term of life imprisonment is 20 years after parole, and the term of limited-term imprisonment is the remaining sentence after release.
  • Applicable to the Criminal Law that was implemented on November 28, 1997: The term of life imprisonment is 15 years after parole, and the term of limited-term imprisonment is the remaining sentence after release.
  • Applicable to the criminal law that was implemented on January 30, 1994: The term of life imprisonment is 10 years after parole, and the term of limited-term imprisonment is the remaining sentence after release.

• Effect of parole：

If the parole is not revoked during the parole period, the sentence shall be deemed to have been executed.

Q 15-5、What is the review of parole cases?

A：

• For parole cases, research and judgment will be based on the circumstances of the crime (criminal motives, methods and means, damage caused), the Imprisonment record (weekday words and deeds, counseling records, rewards and punishment records), the criminal record (records of previous judgments, penalties, rehabilitative measures, revocation of parole or probation), the effectiveness of the correctional treatment(progressive corrective treatment grades, individual treatment plan implementation situations, participation in courses or vocational training situations), the release plan (have proper job, livelihood skills, fixed residence), and other materials.
• The parole review needs to consider criminal policies, crime trends, public security, and related information. Those who do not meet the aforementioned considerations will not be granted parole by the Agency of Corrections, Ministry of Justice. The Agency of Corrections, Ministry of Justice has established review aspects such as "Crime plot", "post-offend performance"(including the Imprisonment record), and "recidivism risk" (including criminal record). For major criminal cases, continuity, group, violence, difficulty to educate, having many criminal records, or recidivism on parole, strict review is the principle；For minor damages, first offenders, fault offenders, good performance in prison, or a proper rehabilitation plan, a lenient review.

Q 15-6、Under what circumstances will the parole be revoked? How the residual sentence applies？

A：

• Under the following circumstances, the Probation Officer of the Public Prosecutor's Office will request the original prison to revoke the parole：
  • According to Article 78, Paragraph 1 of the Criminal Law, the parole shall be revoked within 6 months after the sentence is confirmed for an intentional crime committed during parole. However, if the parole expires for more than 3 years, this limit is not applicable.
  • The parole may be revoked if you violate Article 74-2 of the Rehabilitative Measures Enforcement Act during the parole period. Including (1) maintaining good conduct and not interacting with bad people; (2) obeying the orders of prosecutors and probation officer (3) not provoking victims, reporters, or complainants; (4) physical health, life situation, and working environment should be reported to the probation officer at least once a month; (5) Without the permission of probation officer, no person may leave the protected area, but when leaving for more than 10 days, the prosecutor shall approve.
• After the parole is revoked, the remaining sentence shall be executed, as explained below：
  • Applicable to the Criminal Law implemented on July 1, 2006: After the parole is revoked, since the days of parole are not included in the sentence. Those in fixed-term imprisonment shall continue to execute the remaining sentence, and those in life imprisonment shall be executed for 25 years (no parole shall be reported) before they can continue to execute other sentences.
  • Applicable to the Criminal Law implemented on November 28, 1997: After the parole is revoked, since the days of parole are not included in the sentence. Those in fixed-term imprisonment shall continue to execute the remaining sentence, and those in life imprisonment shall be executed for 20 years (no parole shall be reported) before they can continue to execute other sentences.
  • Applicable to the Criminal Law implemented on January 30, 1994: After the parole is revoked, since the days of parole are not included in the sentence. Those in fixed-term imprisonment shall continue to execute the remaining sentence, and those in life imprisonment shall be executed for 10 years (no parole shall be reported) before they can continue to execute other sentences.
• The responsibility score of an inmate shall be increased 1/2 according to Article 19 of the Statute of Progressive Execution of Penalty.

Q 15-7、Detained for too long before entering prison, what are the remedial measures for the report of parole and progressive corrective treatment?

A：

• Those who meet the following conditions can be classified or reclassified to Level 3 after being approved by the supervisory meeting and submitted to the higher authority for approval.
  • During the detention period, the following requirements shall be met and prevail the instruction for execution:
    • The pronounced imprisonment is more than 3 years but less than 30 years must be detained for longer than 1/6 sentence.
    • The pronounced imprisonment is more than 30 years and life imprisonment must be detained for longer than 5 years.
  • Full of responsibility and standards suitable for living together: After the implementation of the new law on July 15, 109, there was no performance appraisal form, only other specific items were reviewed, such as the defendant’s violation record.
• In accordance with Article 14 of the Statute of Progressive Execution of Penalty and Article 10 of the Implementation Rules, Level 3 is limited to an inmate who has not yet been classified. Inmates who have been edited may be reclassified to level 3 due to the change of sentence. Applicable objects and procedures are as follows：
  • Retrospective inmates who are still in the correctional agency and meet the above conditions (including those who have advanced to level 3 or higher).
  • After entering prison, an inmate who violates discipline or does not comply with Article 10 of the Statute of Progressive Execution of Penalty Implementation Rules may not be reclassified to level 3 by supervisory meeting resolution.
  • Those who meet the requirements of the previous disclosure can be reclassified to Level 3 after being approved by the supervisory meeting and submitted to the higher authority for approval.
• If the detention period has not reached or reclassified to Level 3, the agency may adjust the scores according to their performance. In addition, if the inmates strictly abide by the supervision rules and actively participate in the activities, the agency may issue awards or increase points.

Q 15-8、What is mild measure and what are the relevant regulations?

A：

• Inmates in prison for more than 6 months may implement mild measure if they have the following circumstances after being approved by the supervisory agency：
  • Suffering from a disease, certified by a doctor, needing long-term convalescence.
  • There are objective facts to prove that his physical and mental lacks the ability to discern, and he cannot handle his own affairs. Or his recognition ability is significantly reduced.
  • Aging, disabled, inconvenient, or unable to take care of themselves.
  • During pregnancy or less than 2 months after delivery.
  • Deemed necessary based on other facts.
• Applicable mild measures, their measures are wider than the progressive corrective measures.
  • Edification and Education：Do it with Individual education and methods that are beneficial to the body and mind.
  • Operation：Participate in light operation according to their interests and their physical and mental health. The monthly labor compensation can be used freely.
  • Confinement：Depends on individual circumstances. In order to maintain their physical and mental health, they must be separate confinement with other inmates.
  • Visit and communication：Due to illness or the need for management and education, they can be allowed to meet and communicate with their nearest relatives, family members, or other people, and they can be visited in appropriate places.
  • Rations：The diet of the sick person may be changed according to the doctor's medical behavior.
  • Treatment level：Those who apply progressive corrective treatment will be classified in accordance with the regulations on the Statute of Progressive Execution of Penalty. Responsibility score is calculated based on the 80% standard in Article 19 of the Act.
• Those who have less than six months of imprisonment under one of item A may be dealt with in accordance with the applicable treatment other than the classification.

Q 15-9、What is the reduced imprisonment and what are the relevant regulations?

A：

• Reducing imprisonment refers to a system in which the inmate has a good record in accordance with the law to encourage him to be good.
• For general prisoners, if the progressive corrective treatment reaches level 3 or above and the monthly score is above 10, the imprisonment can be reduced. The level3 is reduced by 2 days per month, the level2 is reduced by 4 days per month, and the level1 is reduced by 6 days per month.
• If an inmate in minimum-security prison does not have poor work, disobedience, or demotion, the sentence will be reduced every month starting from the following month. Level 4 or unclassified is reduced by 4 days per month, level 3 is reduced by 8 days per month, level 2 is reduced by 12 days per month, and level 1 is reduced by 16 days per month.
• If the remaining prison term is less than one month, the sentence cannot be reduced.
• The reduced imprisonment does not need to be executed. However, if the inmate in the minimum-security prison has poor work, disobedience, or demotion, and is still in the minimum-security prison, the imprisonment is not reduced that month. But the inmate is sent to other prisons, and all the previously reduced imprisonment will be resumed. In addition, if the parole is revoked, the reduced imprisonment in the minimum-security prison shall also be resumed.
• If the category is changed due to reduced imprisonment, the responsibility score shall be recalculated. The responsibility score that have been offset are converted according to the ratio.

Q 15-10、How to apply for a punishment commuted to a fine? Are there any rules?

A：

• Comply with Article 41 of the Criminal Law, you can apply for a punishment commuted to the District Prosecutors Office, with the following conditions：
  • In an offense that carries a maximum principal punishment of not more than five years’ imprisonment, if the offender is sentenced to imprisonment for not more than six months or short-term imprisonment, the punishment may be commuted to a fine at a daily rate of NTD one thousand, two thousand or three thousand. Prosecutor has to disallow the cases in which the commutation of the pronounced punishment as imposed is manifestly of little corrective effect, or the legal order cannot be maintained.
  • In combining punishment for several offenses which is commuted to fines and the punishment to be executed exceeds six months, the provisions of the preceding paragraph shall apply.
• If you fail to pay the fine all at once, you can also apply to the Prosecutors Office for payment in installments.
• For those who have served a sentence and want to pay a fine, their relatives can bring their identity card to the Prosecutors Office; if the inmate has sufficient custody money, they can also apply for paying a fine to the Prosecutors Office.
• If you have any related questions, you can call the District Prosecutors Office.

Q 15-11、What are the grades requirements for students? What are the rules for exemption or suspension?

A：

• The progressive corrective treatment is divided into 4 grades, and the agency assesses the status from grade 4 in order.
• Exemption from reform education:
  • The people subjected to reform education have been executed for more than 6 months, have entered grade 1, and their scores in the past three months have been above 42. If the agency considers that it is unnecessary to continue education, it may provide evidence. After approval by the superior competent authority, report to the prosecutor for exemption from education.
  • The people subjected to reform education have been executed for more than 6 months, have entered grade 1, and their scores in the past three months have been above 42. If the agency considers that it is unnecessary to continue education, it may provide evidence. After approval by the superior competent authority, report to the Juvenile Court for exemption from education.
• Stop reform education:
  • The people subjected to reform education have been executed for more than 6 months, have entered grade 2, and their scores in the past three months have been above 42. If the agency considers that it is unnecessary to continue education, it may provide evidence. After approval by the superior competent authority, report to the prosecutor for stopping education. Subject to custody during stoppage.
  • The people subjected to reform education have been executed for more than 6 months, have entered grade 2, and their scores in the past three months have been above 42. If the agency considers that it is unnecessary to continue education, it may provide evidence. After approval by the superior competent authority, report to the Juvenile Court for stopping education. Subject to custody during stoppage.
• If the juvenile violates compliance matters during the custody period, the juvenile protection officer may apply to the juvenile court to revoke the custody. They will enter the education premises for reform education. If the remaining period is less than 6 months, it shall be executed for 6 months. Pursuant to Article 54 Item 1 of the Juvenile Delinquency Act, the protective measures shall be executed at most until the age of 21.

Q 15-12、What are the regulations on exemption and suspension of compulsory labor? Will it be revoked?

A：

• Purpose of execution：Based upon the principle of special protection and with a special focus on the dangerous nature of criminals who may put the society at risk, the dual system of criminal sentences and rehabilitative measures in the criminal law provides various kinds of rehabilitative measures for criminals in addition to punitive sentences in an attempt to correct deviant and/or anti-social behavior. Similarly, for educational and remedial purposes, forced labor as one kind of rehabilitative measure is designed to reeducate criminals who have been accustomed to committing crimes, trained professionally as criminals, or become criminals because of long-term joblessness or homelessness to cultivate their work ethic and learn skills so that they can live independently when they reenter the society.
• Execution way: Announced by the court in a judgment, the prosecutor will command the correctional agency to execute. Compulsory labor before the pronounced imprisonment； Compulsory labor begins after the pronounced imprisonment has been executed (including the expiration of parole).
• During execution: The maximum period is 3 years. If an extension is necessary before the time limit, the court may permit the extension. The extension period shall not exceed 1 year 6 months and is limited to one time.
• Executive agency: Taiyuan Skill Training Institute, Agency of Correctional, Ministry of Justice, Kaohsiung Women’s Prison, Agency of Corrections, Ministry of Justice.
• Handling procedures: If the agency considers that it is unnecessary to continue execution, it may provide evidence. After approval by the Ministry of Justice, report to the prosecutor to apply court for exemption and suspension of compulsory labor. Subject to custody during stoppage.
• Revoke suspension of compulsory labor：
  • Exemption from compulsory labor, no issue of revocation.
  • Subject to custody during stoppage. Such as violation of compliance matters during the custody period, the prosecutor may apply to the court to revoke the custody.
• Execution time limit: If the execution of the rehabilitative measures have not begun or if the execution has not been continued for three years from the day that they shall have been executed, the execution shall not be permitted unless the court believes that the cause for the announced rehabilitative measures has continued to exist. The execution shall not be performed if it has not been begun or continued for seven years.