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  • Publication Data:2008-03-17

How to apply for transferring imprisonment of a convict for the convenience of visit by dependents?

Ans.:
1. Prison inmates:
a. If a convict has the conditions of Item 1 or 2 below and meets the provisions of Items 1 to 9, he or she may submit evidence and file an application to the executing prison.
(1) A grand parent, parent, or spouse is suffering from a critical disease or critical injury who has a certificate issued by the Bureau of National Health Insurance or a disability ID issued by the government.
(2). His or her parent or spouse is over 65 or his or her child is under 12 years of age.
(3) The convict has been imprisoned for more than three months or a year has passed since he or she was referred to the prison after investigation or transferred from another prison.
(4) The new prison applied for must be in the same location as the residence of the spouse or other relatives listed in Items 1 and 2.
(5) The convict has not violated the rules in the recent year.
(6) The remainder imprisonment exceeds four months.
(7) The added penalty has not progressed to Class 1.
(8) The convict does not have the condition of Item 1 of Article 11 of the Prison Execution Act.
(9) He or she is not pending investigation, trial or imprisonment for an offense committed in the locality of the current prison.
After preliminary screening and finding that the case is consistent with the foregoing stipulations, the executing organization shall report the case to the Ministry of Justice for approval.
b. When the MOJ receives a transfer report submitted by a prison and finds in preliminary screening that the case is consistent with the provisions of the following items, it will approve the transfer of imprisonment:
(1) The case is consistent with the stipulations of the “List of MOJ-set Standard for Accommodating Prisoners by Prisons.”
(2) The prison applied for transfer of imprisonment is not yet seriously over-crowded.
c. The executing prison shall complete the transfer of imprisonment in a month after receiving the MOJ’s letter of approval.
2. Rehab inmates:
a. If a rehab person has any condition of Items 1 and 2 below and can meet the stipulations of Items 3 to 8, he or she may submit the evidence and apply to the rehab institution for a transfer:
(1) A grand parent, parent, or spouse is suffering from a critical disease or critical injury who has a certificate issued by the Bureau of National Health Insurance or a disability ID issued by the government.
(2). His or her parent or spouse is over 65 or his or her child is under 12 years of age.
(3) He or she has completed the induction investigation.
(4) The rehab program has not reached the state of social adaptation.
(5) The rehab institution is located in or near the district of the residence of the inmate’s dependents.
(6) The inmate has no record of rule violation.
(7) The inmate has no serious, rooted or psycho disease.
(8) He or she has no case pending investigation, trial, or execution.
After preliminary screening and finding the case is consistent with the foregoing stipulations, the executing organization shall report the case to the Ministry of Justice for approval.
b. When the MOJ receives a transfer report submitted by a rehab institution and finds the case is consistent with the provisions of the following items, it will approve the transfer:
(1) The case is consistent with the stipulations of the “List of MOJ-set Standard for Accommodating Rehab Inmates by Rehab Institutions.”
(2) The institution applied for transfer of rehab location is not yet seriously over-crowded.
c. When the executing rehab institution receives the MOJ letter of approval, it shall complete the transfer within two weeks so long as it will not affect the follow-up rehab program and evaluation.

  • Last updated:2008-03-17
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