Q 2：What are the regulations about the levels of inmates?
A：
According to the regulations of Statute of Progressive Corrective Measures, there are 4 levels of progressive corrective measures: 4th Level, 3rd Level, 2nd Level, and 1st Level. Then we decide how much progress has been made and then we implement proper corrective measures.

Q 3：What are the conditions of ‘The Three Levels of Direct Classification’ for our inmates?
A：
For those who used to be kept under custody, once their conditions comply with the following conditions and have been evaluated by our Prison Affairs Committee, they can apply for an authorization from the Ministry of Justice for being classified as of the 3rd level.
(1) Only those inmates are not classified yet.
(2) The period of their custody meets the following regulations:
      1. The inmates whose announced imprisonment is over 3 years and less than 12 years, and their custody period is at least more than 1/6 of their imprisonment.
      2. The inmates whose announced imprisonment is more than 12 years, and their custody period must be more than 2 years (the announced imprisonment or combined implemented imprisonment are either fewer than 3 years, or those inmates with life sentence, not suitable for ‘The Three Levels of Direct Classification’).
(3) The inmates have a sense of responsibility for living together with other inmates:
      1. During the period of custody, for first offenders, the total months of their moral evaluation above the 2nd highest level must be more than 1/2 of the whole period of their custody; for second and recidivist offenders, the total months of their moral evaluation above 2nd highest level must be more than 2/3.
      2. People who go to the prison should not have any behaviour of disobeying against discipline regulations and should strictly obey the orders.

Q 4：How many responsibility grades can inmates get according to their different types and levels?
A：
(1) Responsibility grades of adult inmates.

Based on the above-mentioned table of inmates’ responsibility grades, for recidivists, their grades are according to Type 1. When they are upgraded to a higher level (Level 4-Level 1), they get 1/3 more of their original responsibility grades (before November 28, 1997, responsibility grades are increased 1/5 when inmates are upgraded to a higher level). For those inmates whose parole is cancelled, according to Type 2, they get 1/2 more of their original responsibility grades. (2) After inmates are classified according to their different lengths of imprisonment, our controlling officials will evaluate the inmates and give them an average grade every month based on their daily performance. Then, their monthly grades are taken for deducting from their responsibility grades. When their responsibility grades are reduced to zero, inmates could be promoted to a higher type (Type 12 – Type 1). For example, when their responsibility grades are all reduced to zero, inmates are upgraded to a higher type, for example from Type 12 to Type 11. When inmates have surplus monthly grades, these grades are still valid for the next deduction.

Q 5：Under which conditions can inmates’ ‘mild measure’ sentences be made?
A：
For those inmates who have the following situations, their sentences can be ameliorated:
     (1) Inmates who suffer from a severe disease and who can obtain a notice from a doctor that they need a long period of time for medical treatment.
     (2) Inmates who are mentally handicapped, or those with low self-awareness, or those who have lower-than-average intelligence.
     (3) Inmates who are seniors, or who are handicapped, or who are unable to walk normally or who have difficulties handling basic living.
     (4) Inmates who are pregnant or who just delivered a baby within the previous 2 months. The mango will be classified into first class and second class and sold at 25 % off the variable market price. Please call 06-5782401 or go to Produce Centre at Kaohsiung Prison.

What are the approaches to improve the ways that inmates serve their sentences?
     (1) Rehabilitation and education: our prison implements individual education and activities which improve inmates’ mental and physical conditions respectively.
     (2) Works: According to inmates’ interests and their physical and mental health conditions, they are allowed to do light work. Every month they get some labour income so that they can sometimes freely use their own money.
     (3) Imprisonment: It depends on each individual’s situation. Generally speaking, each one should be imprisoned on his or her own instead of with other prisoners, but no harm to his or her bodily and mental health occurs.
     (4) Meetings and correspondence with families or friends: If they have special reasons, they are allowed to meet their closest families or other people and keep in contact. For the reason of disease control and because of the necessity to give individual rehabilitation and education, their meetings with families or other people could be arranged in other proper places within the prison. Due to time and times of meetings, necessarily we will endow inmates to have longer meetings and more times of meetings with families or others.
     (5) Living conditions: Due to food supply, this depends on individual needs of the above-mentioned inmates. Therefore, we have another standard for them. Still, we give inmates proper food. Having the permission of our prison, inmates could use their personal clothes and quilts. Necessarily the prison could give more clothes for the reason of inmates’ health.
     (6) Classification: the above-mentioned inmates have 80% of responsibility grades according to their different lengths of imprisonment.

Q 6：Which inmates could have shorter imprisonment?
A：
The following 2 types of inmates can have their imprisonment shortened:
(1) For those inmates in ordinary prisons, their progressive execution of penalty is the 3rd level at least; their monthly grades are 10 at least. On the 1st level: when inmates complete 1-month imprisonment, their original imprisonment is shortened by 6 days. On the 2nd level: when inmates serve 1-month imprisonment, their imprisonment is shorted by 4 days. On the 3rd level: whenever they complete 1-month imprisonment, their imprisonment is shortened by 2 days.
(2) Inmates in open prisons.

Q 7：Is there a standard way to shorten inmates’ imprisonment? How many days?
A：
The inmates in ordinary prisons:
(1) On the 3rd level, when they complete 1-month imprisonment, their imprisonment is shortened by 2 days.
(2) On the 2nd level: whenever inmates complete 1 month, their imprisonment is shortened by 4 days.
(3) On the 1st level: whenever they complete 1-month imprisonment, their imprisonment is shortened by 6 days. Inmates in open prisons: from their entrance into the prison, when they complete 1 month imprisonment, according to the following regulations, they are entitled to have shorter imprisonment.

(1) On the 4th level or unclassified: the imprisonment of these inmates is shortened by 2 days when they complete 1-month imprisonment.
(2) On the 3rd level: when inmates complete 1-month imprisonment, their imprisonment is shortened by 4 days. (3) On the 2nd level: When inmates complete 1-month imprisonment, their imprisonment is shortened by 8 days.
(4) On the 1st level: Whenever they complete 1-month imprisonment, their imprisonment is shortened by 16 days.

Q 8：Is inmates’ shortened imprisonment reversed under certain situations?
A：
Based on Statue of Progressive Execution of Penalty, inmates’ shortened imprisonment is not reversed in principle. However, when inmates in open prisons have very low grades at work, or when they do not abide by discipline or rules, or when they are punished to be downgraded, the inmates in open prisons are not entitled to shorten their imprisonment in that month, depending on the seriousness of consequences. For those inmates who are sent to other prisons, their previous shortened imprisonment is to be reversed. They have to serve the original sentence of imprisonment. Besides, for those inmates whose parole is cancelled, their shortened imprisonment in the open prison is to be reversed as well.

Q 9：When to stop shortening inmates’ imprisonment?
A：
(1) When inmates are punished, they cannot be upgraded (not given grades) because they violated the disciplinary code.
(2) When they are not upgraded, they violate the disciplinary code again; they receive the sanction: be downgraded. From that sanctional month onwards, in the following 6 months inmates are not entitled to shorten their imprisonment.

Q 10：What are the effects when inmates’ imprisonment is shortened?
A：
(1) The shortening days are no longer validated. However, when their shortened imprisonment is reversed, the shortening days are validated.
(2) For those inmates who have progressive execution of penalty and parole, their validated imprisonment is the one after it is shortened.

Q 11：What are the awards for inmates?
A：
As awards for inmates’ good conducts, when inmates have one of the following good conducts, they can be awarded:
(1) The inmates are whistle-blowers about other inmates who plan escaping, violent acts, or they unveil would-be escapers or violent inmates.
(2) The inmates rescue another person’s life or help the prison to catch inmates who are escaping.
(3) When a natural disaster happens or a contagious disease erupts, the inmates play an important role in giving disaster relief.
(4) The inmates perform well in their works and get good grades.
(5) The inmates make special contributions for our prison.
(6) The inmates make contributions about working skills, designs of machines, of equipment, of sanitational conditions, or medicines and so on for improving the living and working conditions in the prison.
(7) The inmates provide constructive opinions on improving the overall management of the prison.
(8) The inmates show good conduct and can be regarded as models for other inmates.

Q 12：How do we reward those well-behaved inmates?
A：
Inmates are to be rewarded for the above-mentioned good conduct. We provide plenty ways of rewarding them, as follows:
(1) open citation;
(2) authorizing inmates to have more meetings or correspondence with their families or with other people;
(3) presenting inmates with a certificate of merit or a medal;
(4) increasing their monthly grades for their upgrading;
(5) giving inmates books or other prizes;
(6) remitting inmates a considerable amount of bonus;
(7) providing inmates with better living conditions;
(8) giving other special awards. When inmates do deserve a special reward, the prison can report to the Ministry of Justice to present a reward. The ways to reward inmates are discussed and decided by the Prison Affairs Committee. The good conduct and rewarding of the inmates will be announced and applauded in public.

Q 13：What is the standard way to increase inmates’ grades?
A：
(1) The standard way to increase inmates’ conduct grades: 1. we increase 1 conduct grade for those inmates who rescue people’s lives or who capture escaping inmates; 2. to increase 1 conduct grade for those who are involved in emergency relief when a natural disaster, a significant event or a contagious disease happens.
(2) According to the results of rehabilitation and education, the ordinary inmates who have one of the following performances are given 0.5 to 1.3 grades. 1. The inmate whose test result is ranked number one in the exam of rehabilitation and education. 2. When the inmates do something extraordinary to be a model for other inmates, we will present a certificate of merit. 3. When the inmates make a special contribution to maintain the prison’s order, or to prevent other inmates from escaping, we will give a reward. 4. The inmates’ literal works are valuable for reference.
(3) The standard to increase work grades of inmates based on their working performance:
      1. For those inmates with excellent work skills who can offer assistance to their
teacher’s teaching in their work, making considerable contributions, they are given 0.7 to 1.3 work grades.
      2. For those inmates who make a considerable contribution to maintain working machines or equipment and save the funds of the prison, they are given 0.7 to 1.3 work grades.
      3. We encourage inmates who can offer constructive opinions or suggestions about the prison’s business or management. Our prison will consider adopting their ideas. When we have certain achievement, we will give these inmates 0.7 work grades.
      4. For those inmates who make quality samples of the prison’s products or those who can design valuable and profitable patterns.
      5. When those inmates perform outstandingly in their work and their work brings honor to the prison, we give them 0.7 work grades.

Q 14：How do you punish misbehaving inmates?
A：
The prison implements one or a few of the following means to punish those inmates who violate discipline:
(1) Admonition;
(2) No meeting with family or others for 1 or 3 times;
(3) Enforced voluntary labour for 1 to 5 days; the maximum per working day is 2 hours;
(4) No purchases allowed;
(5) Decreased labour income;
(6) No outdoor activities authorized for 1 to 7 days. When the inmates in open prisons violate disciplines or when they are very lazy in work, or when the consequence is severe or or when there are other serious accidents, it is not proper to dispatch these inmates to do open-prison work. After we get permission, the inmates are sent to other prisons. If the consequences of the above-mentioned inmates are not serious, after the members of Prison Affairs Committee review and decide, the inmates are given one or a few of the following punishments: (1) Admonition; (2) No outdoor activities allowed for 1 to 7 days.

Q 15：What is the standard way to deduct inmates’ grades?
A：
(1) Inmates who violate discipline are to be punished. Our controlling officials have to promptly inform inmates of their punishments after reviewing their cases. Thus the inmates know why they are punished and what punishment they receive. Meanwhile, they have a chance to explain or to defend themselves so as to reverse the punishment decided by the prison. On the one hand, unfair cases shall be avoided; on the other hand, the inmates should have no objection. If an inmate’s defense is reasonable, the prison will evaluate and investigate it again. When result shows that the inmates are innocent, their punishment is surely to be invalidated. Also, when they are afflicted by a disease or they have some other special reason, the punishment will not be executed.
(2) According to the Points Governing Progressive Handling of Inmates’ Violations:
     1. We finalize the grades of inmates’ progressive execution of penalty or stop giving grades which includes merely 2 kinds of grades: one is the conduct grade; the other, the grade of responsibility viewpoints and will (in the following text, it is termed rehabilitation and education grade).
     2 Inmates receive admonition: if either their conduct grade, or their rehabilitation and education grade is more than 3.0, then their grade in that month is deducted 2.9. If either their conduct or rehabilitation and education grade is below 3.0, their grades of progressive execution of penalty in that month is 1/10 of their last monthly grade. In the next month, according to inmates’ performance or repentance, our warders or parish admonitory teachers will give their evaluation results.
     3. Inmates are punished by not having any outdoor activities for 1 to 3 days. If either their conduct grade, or their rehabilitation and education grade is more than 3.0, their monthly grade is deducted 2.9 grades. If either their conduct or their rehabilitation and education grade is below 3.0, their monthly grade of progressive handling of penalty is 1/7 of their last monthly grade. Then there will be evaluations for the following 2 months. In the 3rd month, their grades will be back to 3 at least.
     4. Inmates are punished by not being allowed outdoor activities for 4 to 6 days: there is no record of grades in that month. If either their conduct grade, or their rehabilitation and education grade is more than 3.0, their then monthly grade is deducted 2.9 at least. If either their conduct or their rehabilitation and education grade is below3.0, their monthly grade of progressive handling of penalty is 1/5 of their last monthly grade. Then there will be evaluations for the following 3 months. In the 4th month, their grades will be back to 3 at least.
     5. The inmates are punished by not having outdoor activities for 7 days: From that month onwards for 2 months, there is no record of inmates’ conduct grade, or their rehabilitation and education grades. From the 3rd month, either of their conduct grade or their rehabilitation and education grade is deducted by 1/3. Then there will be 4-month evaluation. From the 5th month, their grades will be back to 3 at least.
     6. Inmates are punished when they break rules according to Article 34 of Enforcement Rules for Statute of Progressive Execution of Penalty. Every time inmates who receive admonition can have 0.5 grades deducted from their total progressive treatment grades.

Q 16：What are the regulations of making an appeal when inmates do not agree with a penalty?
A：
(A) What is so-called penalty? First of all, we have to understand what ‘penalty’ is. Penalty, simply speaking, is administration institutions gives concrete settlement on a certain matter. Or it could mean that the prison gives an order, telling inmates what they should do or what they should not do. It also means punishment, and other ways of sanctioning or rehabilitation. The above-mentioned is regarded as ‘penalty.’ In principle, inmates should accept the penalty given by the prison. However, a penalty is based on the rule of law. Moreover, it should not be against the purpose of modern imprisonment with its education role. When the rights of inmates are abused or when their interests are deprived, according to Law of Execution in Prison, inmates are entitled to make an appeal.
(B) The ways for inmates to express their discontent about the penalty:
      1. When inmates are not convinced of the prison’s penalty, through the Superintendent, he or she can make an appeal to the Ministry of Justice or inspectors. After the Superintendent receives the appeal, he or she should report it to the Ministry of Justice. Alternatively, inmates can make an appeal when inspectors come to visit the prison.
      2. The former appeal there is not validated, that is, it cannot stop the implementation of penalty.
      3. The cases that inmates are not convinced of a penalty; they should proceed with their cases according to the following regulations.
          (1) Inmates are not convinced of the prison’s penalty. After receiving the notice of their penalty, within 10 days, they should make the appeal by talking to the prison’s official or write down their appeal. The inmates could go to a director of the prison and talk to him or her to make their appeal. The director should write down the inmate’s statements in detail in the appeal notebook. Other inmates may choose to make an appeal in a written form. They should write down clearly their names, the period of their penalty, the facts and dates of the original penalty, the reason why they are not convinced of the penalty, sign, stamp or finger print and the date (year/month/day) of their appeal.
          (2) Anonymous appeals are not accepted.
          (3) If the prison judges that the appeals of inmates are reasonable, their penalty could be invalidated. There will be another proper settlement. If the appeal is judged as not sensible, it ought to be reported to the Ministry of Justice.
          (4) When the Ministry of Justice concludes that the inmate’s appeal is reasonable, it can make an order to invalidate their penalty. Thus their original penalty is cancelled or invalidated. If the appeal is not reasonable, it should inform the inmate of the reason.
          (5) Prison inspectors accept appeals. They must investigate the case. They should report their investigation results to the Ministry of Justice for a further settlement. During the investigation of inspectors, apart from the official(s) of the prison whom inspectors summon, there shall be no official of the prison accompanying the inspectors during the investigation
          (6) The prison should not discriminate or punish on purpose those inmates who make appeals.
          (7) The Ministry of Justice has the right to make the final decision on inmates’ appeals.
          (8) If inmates who receive the penalty of rehabilitation and education are not convinced of the appeal results in other institutions, the prison transfers them to the relevant institution.
(C) The legal effect to stop penalty: The above-mentioned is for protecting the inmates’ rights. However, we must maintain discipline in the prison; and when inmates deliberately refuse orders or when they often make appeals without a good reason, we will regard that they actually disturb peace and order in the prison. Therefore, we see the 1st proviso of Article 6 of Law of Execution in Prison regulations, “Before the final judgment, there is no legal effect to stop the penalty.” At the same time, when appeals are not verified or when the inmates plan to set someone up to receive sanctions, we see that there might be accusations not based on facts and rampant appeals. We have to investigate the facts of inmates’ appeals. If we find out the appeal is not factual, according to the regulations, the inmates will be sent to Green Island Prison to serve their imprisonment or will be referred to the court for enforcement. We have to prevent bad intentions of the inmates who use appeals so as to hamper the implementation of their penalty or to disturb the prison’s order. With regard to this point, we sincerely hope that people can understand our policy.

Q 17：When and how to put on security instruments on inmates? What is the detention condition in the pacification ward?
A：
When inmates have the ideas of escaping, committing suicide, or other misbehaviour to disturb the prison’s order, the prison can use security instruments on them or detain them in the pacification ward. Security instruments are our last tools to control our inmates for the reason that our prison has to prevent possible security -and-control accidents in prison. Therefore, in essence, using security instruments is our protective policy in security-and-control matters. They are not sanction tools used to punish inmates. The purpose of the use of security instruments is to maintain the prison’s order and inmates’ safety. As to the pacification ward, the aim of its establishment is to provide a place for inmates to reflect on and repent for what they did wrong.
(1) There are 4 kinds of security instruments including leg shackles, handcuffs, joint locks, and catching rope. (2) Due to the notice on using security instrument as follows:
      1. Our warders in the prison inspect inmates at any time about their performance when they are put on security instruments. If they think there is no longer any need to use security instruments on them, the instruments will be removed.
      2. When inmates have security instrument on for one week, if the warders think it is necessary to continue the use of security instruments, they should report the facts. They should ask for permission from their superiors to extend using security instruments. If they extend the use of security instruments for another week, the application procedure is still the same.
      3. Using security instrument should be carried out and be supervised by those higher-ranking officials, rather than clerks. If a doctor does not think it is appropriate to use the security instruments on certain inmates, we will not put security instrument on them.
      4. Without permission from our superiors, it is not allowed to use 2 kinds or more than 2 kinds of security instruments on the same inmate at the same time.
      5. While using restraints to avoid any escape, we are aware of the health condition of our inmates. We will not confine inmates with handcuffs on their backs. Neither do we tie handcuffs and leg shackles together on the same inmate.
      6. The maximum weight of leg shackles and joint locks is 2 kilograms. If necessarily the weight can be 3 kilograms. However for juvenile criminals, it is permitted only to put 1-kilogram security instruments on them. If necessary the weight can be 2 kilograms. But the handcuffs should not be more than half a kilogram.

Q 18：What does inmates’ parole mean?
A：
The meaning of so-called parole: Before inmates complete their imprisonment, when they have shown and indeed proved that they have been repenting and trying to improve themselves after the statutory period. Viewing the improvement of the inmate, the Superintendent applies for the permission from the Ministry of Justice so that the inmate could be temporarily released from the prison. When the inmate leaves the prison for a certain legal period of time, if they do not commit any crime again or violate any regulations with regard to protection and control, the unfinished period of imprisonment of the inmate is invalidated. The inmate no longer needs to serve the rest of the sentence. However, if the inmate commits any crime during the period of parole, he or she is judged to receive imprisonment for a certain period of time at least (negligent crimes are not included). Or if he or she violates any important protect-and-control regulations, the parole of the inmate is revoked because of the severe consequences. The unfinished imprisonment should be validated again. So the inmate has to go back to the prison and finish the sentence. This is a sanction system to encourage inmates to repent and to improve themselves.

Q 19：What are the qualifications for inmates to apply for parole?
A：
(1) Sentence implementation: it includes a life sentence and imprisonment for a definite term.
(2) Necessary implementation periods:
      1. For ordinary inmates, they need to serve a life sentence for more than 15 years; for recidivists, they need to serve their imprisonment for more than 20 years. Due to imprisonment, inmates have to serve 1/2 of their imprisonment; recidivists have to serve 2/3 of their imprisonment. (A new law has taken effect since December 26, 1997. Before December 25, 1997, inmates had to serve more than 1/3 of inmates’ imprisonment).
      2. Juvenile inmates who receive a life sentence have to have served more than 7 years; those who receive imprisonment have to have served 1/3 of their imprisonment.
      3. Before the final judgment, the days of inmates’ detention could be deducted from their imprisonment. However, inmates who receive imprisonment must have served their imprisonment more than 6 months (Then their detention period could be deducted from their imprisonment). The first day of inmates’ imprisonment is the date which the case prosecutor regulates and writes down in an official document.
      4. For inmates who receive a life sentence, their detention days do not count. If the total number of their days of detention is more than a year, their detention period counts in the implementation period.
(3) Concrete proofs that inmates really repent and improve:
      1. Before applying for parole, inmates should acquire more than 3 grades at least for the last 3 months in the evaluations of rehabilitation and education, works, and behaviour.
      2. Before applying for parole, juvenile inmates should in the last 3 months obtain 4 grades in the evaluation of rehabilitation and education, 2 grades in the work evaluation, and 3 grades in behaviour evaluation.
      3. The inmates must be upgraded to the 2nd level at least in the progressive execution of penalty.
      4. The parole must be passed by the Prison Affairs Committee.
      5. The parole must be authorized by the Ministry of Justice.
(4) The inspection of the parole includes a thorough evaluation of the applicant’s (the inmate’s) personal information and his or her performance during imprisonment. The prison sticks to fair and just principles. All of the officials in our prison deal with cases according to the rule of law. Therefore, inmates shall not delegate others to negotiate or lobby or bribe us -- is absolutely illegal. So please do not do so – you will only increase your and our troubles.

Q 20：How long is the period of parole? What are the consequences for inmates?
A：
(1) The period of parole: The period of parole for inmate with a life sentence is 10 years after receiving permission. The period of parole for those inmates with other imprisonment for a definite term is the inmates’ unfinished imprisonment.
(2) The consequences of parole: For those inmates whose parole is not revoked, their unfinished period of imprisonment is counted as finished. Their original imprisonment is regarded as completely finished.

Q 21：In which situation is inmates’ parole cancelled?
A：
(1) During the period of parole, when inmates committee any crime again and receive an announcement of imprisonment, their parole is cancelled. However, if they committee a negligent crime, their parole remains valid.
(2) During the period of parole, when inmates violate any subsection of Article 74-2 of Rehabilitative Measure Execution Act, result in serious consequences, their parole is cancelled.
(3) After their parole is cancelled, the prison will require our inmate to serve the rest of their sentence of imprisonment. For those inmates who have a life sentence, the days of their parole are not included in their period of imprisonment.