Measures on Sexual Assault Cases
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- Last updated：2021-02-05
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a Community supervision counseling
The Ministry of Justice, for the purpose of executing treatment operations for the people under custody of sexual assault cases, in its planned ‘sexual assault cases community supervision counseling network having probation system in the center’ in its 978th ministry meeting and in the ‘Year 2005 treatment work plan for the offenders of domestic violence and sexual assault’ on December 28, 2004, has made the resolution in which the Ministry of Justice is to set the ‘Establishment of sexual assault cases community supervision counseling network having probation system in the center’ in the hope of fortifying supervision and horizontal communication with treatment agency to establish information exchange platform and to integrate the supervision of people under custody of various related agencies, opinions of counseling and treatment so to enhance the control on the people under custody of sexual assault cases to achieve the goal of prevention of recidivism.
2. Processing procedure：
Various district prosecutors offices summon relevant agencies to form ‘Community supervision counseling team’ which will be consisted of prosecutors, probation officers, police, sexual assault prevention centers (medical service teams), and treatment counseling personnel of executing institutions. Experts, probation volunteers, and rehabilitation officers, or other social resources groups may be hired if necessary. The team will hold periodic or aperiodic meetings on the community supervision counseling and other related matters for those people of sexual assault cases under custody having a medium to high probability of recidivism. And the most effective strategy to prevent the offender from recidivism will be discussed and decided.
b The various treatment measures of community supervision counseling
1. Interviews, visits（please refer to the descriptions in the Individual Treatment of Custody Cases）
2. Conduct assistive measures such as group activities or questionnaire
3. Intensive probation, multiple supervision（please refer to the descriptions in the Special Treatment of Custody Cases）
4. Psychosomatic therapy or counseling education
（1）According to paragraph 1, Article 20 of the Sexual Assault Crime Prevention Act, for those offenders who have completed rehabilitative measures, been paroled, deferred sentence, sentence waived, or deferred prosecution and have been evaluated as necessary to undergo treatment counseling, the supervisory agency of the city or county should order the offender to receive psychosomatic therapy or counseling education.
（2）According to ‘Measures of psychosomatic therapy and counseling education for sexual assault offenders’, the evaluation by the evaluation team must take into consideration of the court verdict, criminal record, family background, marital relationship, academic experience, physiological and psychological state, treatment counseling record and risk of recidivism, and, except those who exhibit evidence of no risk of recidivism or self-controlled prevention of recidivism, form treatment recommendations on the psychosomatic therapy or counseling education. The content of the psychosomatic therapy or counseling education includes cognition education, behavioral correction, psychological therapy, psychiatric therapy, or other necessary therapy and counseling education.
（3）The supervisory agency of the city or county, based on the recommendations of the evaluation team, decides on the timeframe and content of the psychosomatic therapy or counseling education for the offender without having to inquire the opinion of the offender. The timeframe of implementing the psychosomatic therapy or counseling education must be no less than 3 months or longer than 3 years; no less than 2 hours per month. During the psychosomatic therapy or counseling education period, if evaluated as no longer necessary, termination may be granted.
（4）The offender, after being notified by the supervisory agency of the city or county, who did not appear without just cause or refuses to receive evaluation, psychosomatic therapy or counseling education, does not appear on time for the psychosomatic therapy or counseling education without just cause, or have insufficient number of treatment hours, may receive a fine between 10 thousand and 50 thousand New Taiwan Dollars and be ordered to complete the treatment. For those offenders who are on parole, have deferred sentence, or deferred prosecution but have violated as describe above, the prosecutor of the district prosecutors office or prosecutor of military prosecutors office should be notified and decide to notify the original prison warden who reports to Ministry of Justice, Ministry of National Defense, military court to apply for rescinding deferred sentence or deferred prosecution according to the power of the job.
（1）Basis：According to the Sexual Assault Crime Prevention Act implemented on August 5, 2005, for people of sexual assault cases under custody who are on parole, or have deferred sentence and are deemed necessary after evaluation to receive therapy counseling, in addition to the supervisory agency of the city or county’s order to receive psychosomatic therapy or counseling education, probation officer who suspects that the people under custody may be using drugs, may order them to take urine test. The urine sample will be tested mainly for opioid (morphine, codeine) and amphetamines (amphetamine, methamphetamine). Moreover, according to article 2 of the ‘Regulations of Urine Specimen Collection for Sexual offenders under Probation/Parole Supervision’, probation officers may order the offender to take periodic or aperiodic urine tests after taking into general considerations of criminal record, status of custody execution, evaluations by the correctional institution, sexual assault prevention center, treatment record.
（2）Regulations on urine testing：Probation officer may order the offender to obey the rules of identification verification, no personal object when taking urine sample, washing hands before taking urine sample, drying hands, minimum of 60 milliliters of urine sample, and when there is no urine or not enough urine, the offender must take 250 milliliters of water every 30 minutes to facilitate urination. In addition, retaking urine sample may be ordered when urine sample temperature is under 32 or over 38 degrees Celsius, or that when there is floating residues, or coloration is abnormal, or that deemed necessary by the urine sample taker and approved by the probation officer.
6. When the offender under custody for designated place of residence has no fixed place of residence, or that the residence is not conducive to the execution of custody, the probation may report for approval by the prosecutor, military court prosecutor to order the offender to a designated place of residence. (stipulated by subparagraph 4, paragraph 2, article 20 of Sexual Assault Crime Prevention Act)
7. Curfew When there is suspicion on the nighttime habit of the offender under custody, or that there may be enough fact to support recidivism, the probation officer may report for approval by the prosecutor, military court prosecutor to implement curfew. (stipulated by subparagraph 5, paragraph 2, article 20 of Sexual Assault Crime Prevention Act)
8. Technological device surveillance（or electronic surveillance）
（1）Basis of law：The probation officer of Ministry of Justice, according to Sexual Assault Crime Prevention Act, for offenders of sexual assault crime under custody who are on parole, or deferred sentence and are deemed necessary for implementing therapy counseling, and that the nighttime habit of the offender under custody, or that there may be enough fact to support recidivism, may report for approval by the prosecutor, military court prosecutor to implement curfew. For the aforementioned sexual assault offenders under custody receiving designated place of residence or curfew, the probation officer may report for approval by the prosecutor, military court prosecutor to place technological device for surveillance.
According to ‘Regulations of Electronic Monitoring for Sexual offenders under Probation/Parole Supervision’, probation officer who, after taking into general considerations of status of custody execution, evaluations by the domestic violence and sexual assault prevention center (prevention center hereinafter), treatment record, deems necessary to implement technological device surveillance on the people under custody may report for approval by the prosecutor, military court prosecutor to implement technological device surveillance within a certain time period. The person under surveillance must follow: (1) accept the installation, removal of the technological surveillance device at the designated time and place; (2) reside or take activity within the designate time and place of technological device surveillance; (3) comply with the signal of the technological surveillance device according to the instructions of the probation officer to execute certain necessary actions or response; (4) no refusal of telephone interview, entry into place of surveillance to check on, maintain the device, or visit by the probation officer or police; (5) no intentional removal, destroying, hiding, or blocking technological surveillance device; (6) no actions that will affect the technological surveillance.
（3）Photographs of Surveillance device (Electronic ankle bracelet, left picture) and installing monitory equipment (right picture)
9. Lie detection According to paragraph 8, article 20 of the Sexual Assault Crime Prevention Act, the Ministry of Justice has set ‘Regulations of Polygraph Examination for Sexual offenders under Probation/Parole Supervision’, according to which, the probation officer who, after taking into general considerations of status of custody execution, evaluations by the correctional institution and sexual assault prevention center, treatment record, deems necessary to implement lie detection may report for approval by the prosecutor, military court prosecutor to implement periodic or aperiodic lie detection within a certain time period. After using lie detection instrument by personnel of professional lie detection knowledge, skill, and experience, the biological responses of the tested person are recorded and analyzed for verity. The district prosecutors office may, for the purpose of crime prevention, execution or correction, provide the lie detection report to the personnel of evaluation, treatment or police agency for reference for evaluation, treatment or monitoring.
10. Prohibition to be proximity of certain locations or subject When the offender under custody exhibits certain crime pattern or has enough fact to be in danger of recidivism, the probation may report for approval by the prosecutor, military court prosecutor to prohibit such person to be in proximity of the certain locations or subject. (stipulated by subparagraph 7, paragraph 2 of the Sexual Assault Crime Prevention Act)
11. Referral to appropriate institution or group：such as the group counseling for mentally and physically challenged person under custody jointly sponsored by the Prosecutors Office and Taipei City Injury and Handicap Service Center started in 2006.
12. Registration and reporting
（1）According to ‘Registration and reporting and look up measures for offender of sexual assault crime’ pronounced on November 11, 2005 and implemented on April 15, 2006, the supervisory agencies of cities and counties upon receiving three pieces of information from the correctional institution or military prison, prosecutors office and the court, should notify the offender in writing to register at the police station of the household registry on the designated date.
（2）When the offender registers, the police station must record the identity, information on the school, work, and vehicle. Offender must provide information such as hard copy of the ID card, household registration record or copy thereof, certificate of registration by the school, student ID, proof of work and work content as provided by the place of work, and vehicle license, driver’s license to the police for verification and making copies for retainment.
（3）The police station of the city, county must, after the offender has completed registering, notify the offender in person and in writing to report to the police station of his household registry every 6 months from the date of registering and to provide the aforesaid information for verification or changes. When the offender’s location of household registry, place of residence, work, and school are different, the police station of the household registry may, after the offender has reported, change the police station of reporting according to job duty or application.
（4）According to article 12 of ‘Registration and reporting and look up measures for offender of sexual assault crime’, all levels of public or private schools, kindergarten, nursery, child and teenager welfare institutions that require employing full-time, part-time personnel or volunteers and deem necessary may apply to the target business supervisory agency for approval by the supervisory agency of the city, county to look up whether the person intended to be hired has any sexual assault criminal record. The person applying for the look up must provide affidavit for the responsibility of non-disclosure on the information which is limited only for that such purpose of look-up without imposing harassment or criminal behavior on the known offender of sexual assault afterwards.
13. Other necessary treatment such as legal education promotion, ordered writing of what has been learned, and various records.