Individual treatment of Custody Cases
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- Last updated：2021-02-05
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According to points 7 and 8 of ‘Manual on Custody Cases Executed by District Prosecutors Office’, the probation officer must visit or interview person under custody at least once a month and supplemented with telephone inquiry, using probation volunteer for counseling, or other appropriate measures if necessary
According to paragraph 4, article 74-2 of Rehabilitative Measure Execution Ac, the person under custody during custody period must report to the person executing the custody in regard to his health, life conditions, and work environment at least once a month. Relative to the duty of reporting by the person under custody, the action of the person executing the custody (probation officer) is called interview.
In addition, point 9 of ‘Manual on Custody Cases Executed by District Prosecutors Office’ printed by Ministry of Justice, permission is granted to have written report by the person under custody instead of reporting in person for no longer than three months.
In addition to interviewing by the probation officer, there is visit. For the purpose of having deeper and multiple facets of understanding, the subject of the visit is not limited to the case individual but for example, family member, friends, employer, classmate, colleague, etc.. The location of the visit may be the home, work place, school, places of leisure, home of the closest friends and family, or the police of the district.
c Urine Test
1. The legal basis for urine testing
(1) In order to enhance prevention of relapse by those who had committed narcotics crime, paragraph 1, article 25 of Regulations of Narcotics Prevention stipulates for regular urine testing or when there is suspicion of narcotics usage. Refusal may result in compulsory testing after acquiring approval from the prosecutor or juvenile court (District Juvenile Court)
(2) Moreover, subparagraph 3, paragraph 2, article 20 of Sexual Crime Prevention Act also stipulates that the offender under custody suspected of using narcotics may be ordered to take the urine test. (Please refer to ‘Measures for Sexual Offense Cases’)
2. Standardization of urine testing
Due to the behavior still being crime in our country, the patient who is under custody, rehabilitation compulsory for narcotics usage commit the crime of using again within 5 years, the original sentence will be executed. Therefore, the result of the urine test is crucial to the issue of serving the crime and criminal record. The Executive Yuan has set implementation measures for urine testing. The Ministry of Justice has also expounded on items of attention in regard to urine testing on the person of narcotics offense under custody. The Prosecutors Office has established urine sample taking room, the procedure of which is conducted according to the regulations, for example, the items the person tested must follow, procedure of taking urine sample, sealing of the urine sample bottle, numbering of the sample, monitoring the accuracy of the test.