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Visitation

  • Publication Date :
  • Last updated:2024-04-19
  • View count:1309

When can inmates meet visitors after they enter a correctional facility?

Inmates (except for inmates who are held incommunicado) can start meeting visitors at specified time after they have completed identity verification and admission process.

What are the visitation hours? Can inmates be visited on consecutive holidays or weekends or other public holidays?

  1. Correctional facilities allow visitors on business days in accordance with the “Official Work Calendar for Government Agencies” published every year by the Directorate-General of Personnel Administration, Executive Yuan.
  2. To make it convenient for people who are unable to visit their relatives held in correctional facilities on business days but on weekends, public holidays or other days off, correctional facilities may select at least one weekend or public holiday, or two half-days on two different weekends and public holidays every month to allow visitation. Correctional facilities will post the dates of weekends or public holidays open for visitation on their website and the bulletin board in visitation room, or make the dates public by other appropriate means in advance.

What is the visitation process?

  1. The visitation process is as follows in principle, but the actual process announced (published) by each correctional facility shall prevail:
    1. Pick up a number at the service counter and fill out an application form.
    2. Present ID and register at the window of visitation room.
    3. Prepare ID and wait for call (wait in groups).
    4. Visit at the window (no communication, video or audio recording equipment may be used during the visit).
  2. Required ID: National ID Card, driver’s license, household registration transcript or household registry (for children over 5 years old without a National ID Card), passport or other documents that suffice to prove identity (which contains date of birth, ID No., address and photograph); foreign visitors should show passport, resident permit, and certificate of entry and exit dates in addition  to the aforementioned documents. If the visitors of an inmate are restricted according to law, the visitor must present documents that suffice to show his or her relationship with the inmate.
  3. An inmate may meet no more than 3 visitors at a time. Visitors can bring children under 12 years of age who are not counted toward the aforementioned limit of visitors.

How to inquire whether an inmate is held at a certain correctional facility, or whether the inmate can meet visitors?

  1. After admitting a new inmate, the correctional facility will send an “Inmate Admission & Orientation Notice”, which informs the inmate’s relatives of visitation rules and reminds them to beware of phone scams.
  2. Because the personal data of inmates that may be provided by correctional facilities are subject to the Personal Information Protection Act, every inmate will be asked to fill out a “Consent to Make Personal Information Available for Inquiries” upon admission, and only information under the fields that have been checked by the inmate as consent will be made available for inquiries. For information that involves personal privacy (e.g. offense committed, term of sentence, and release date…., etc.), visitors should ask the inmates directly.

What are the reasons by which a correctional facility may refuse the request to visit an inmate?

Reasons for refusing the visit request include:

  1. The visitor did not bring any identification document, did not register relevant data as required, or is not a person that the inmate is allowed to meet.
  2. The number of visits the inmate may have has reached its limit.
  3. The inmate declines to see the visitor.
  4. The person requesting a visit with the inmate is prohibited to visit or the inmate is held incommunicado by order of the court or prosecutor in accordance with the Code of Criminal Procedure.
  5. The visitor acts in a way that disrupts the order or security of the correctional facility.
  6. Visitation should be restricted or prohibited according to other rules and regulations.

What are the reasons why a correctional facility terminates a visit?

When a correctional facility discovers situations that disrupt the order or security of the facility or the visitor uses communication, video and audio recording equipment during the visitation, the guard may terminate the visit.

What are the limits on number of visits and visitors for inmates at different levels?

  1. Level 4 prisoners may have one visit per week in principle (any day of the week); Level 3 prisoners may have one or two visits per week; Level 2 prisoners may have a visit once every 3 days in principle; Level 1 prisoners may have unlimited number of visits, which however should not adversely affect prison management and discipline. Prisoners to whom progressive treatment does not apply may have one visit per week in principle. As for visitors, Level 4 prisoners may meet their relatives. Prisoners at other levels may be allowed to meet non-relatives, provided such visit does not adversely affect the prisoner’s edification. For prisoners to whom progressive treatment does not apply, the prison will not limit or prohibit the visit of any visitors, unless such a visitor is otherwise regulated or the prisoner declines to meet with such a visitor.
  2. Defendants (except for defendants who are held incommunicado) and civil detainees may have one visit per day and there are no restrictions on their visitors.
  3. Delinquents under rehab and observation may have one visit per week (any day of the week); their visitors are limited to spouse and lineal relatives, but exceptions can be allowed if there are special reasons and head of the rehab center has given approval. However visitation may be prohibited or restricted if the visit interferes with delinquent’s rehabilitation or hinders his or her benefits.
  4. There are no limits on the number of visits juvenile inmates may receive. However visitation may not adversely affect management and discipline of the correctional facility. Juvenile inmates may receive the visits of friends and relatives. But visitation may be prohibited if it interferes with the investigation of the case and disbenefits the juvenile.
  5. A week starts from Sunday and ends on Saturday. Days of the week include weekends and public holidays.

Can the live-in companion or same-sex partner of inmates visit inmates as a family member?

  1. Pursuant to Article 1123 of the Civil Code, persons belong to the same house are, except the head of the house, the members of the house. Persons who are not relatives but who live in the same household with the object of maintaining the common living permanently are deemed to be the members of the house.
  2. To show family member relationship, visitors must present viable supporting documents or be accepted as family member by the correctional facility following investigation.
  3. When a person applies at a correctional facility to visit an inmate as inmate’s family member, the person can present his or her National ID Card or household registration record, affidavit signed by the parents of both the visitor and the inmate, household registry (or household registration transcript) that show the visitor and the inmate live in the same household, certificate issued by village head or other documents that suffice to show their relationship, and make application. The person can then visit the inmate as a family member after the correctional facility has checked their relationship.

For divorced inmates, can ex-in-laws or ex-spouse accompany their children to visit the inmate?

  1. To help inmates maintain their family network and promote positive family relationships, when children of a divorced inmate request a visit in the company of inmate’s former spouse or persons who were once related to the inmate by marriage, correctional facilities may, by law or by their authority, review the request and give approval, unless inmate decline to meet the visitors.
  2. When a correctional facility reviews the visit request, the visitors must show their ID. The facility will also check the notations in household registry or household registration transcript to ascertain the child visitor’s parents and relationship between the visitors and the inmate, and allow the visitation by authority.

Why some inmates are held incommunicado (not allowed visitation)? How do we know if the ban has been lifted?

  1. Pursuant to the Code of Criminal Procedure, if a court deems that the meeting with visitors raises the concern that the defendant may escape or destroy, forge, or alter evidence or conspire with a co-offender or witness, the court may, upon the claim of the public prosecutor or by authority, prohibit the meeting. In case of emergency, the public prosecutor may take necessary actions first, then promptly report to the court for approval.
  2. Defendants who are held incommunicado may start to meet visitors once their ban is lifted, upon which, defendants can send a letter to their relatives to come visit them or apply to conduct a visit via communication devices.

Can inmates apply for additional visits when something happens to their families?

When something happens to an inmate’s family (e.g. something unfortunate happens, or a family member is gravely ill or has passed away…., etc.), the inmate may apply for visitation using communication devices so he can contact family members right away. In addition, when family members request to visit an inmate at the correctional facility, they can explain the situation to the facility and the facility can consider extending the duration of visit, increasing the number of visits or making other flexible arrangements.

If the spouse or lineal relatives are held at different correctional facilities, can they visit each other?

  1. If the spouse or a lineal relative of an inmate is held at another correctional facility, they can prepare relevant supporting documents and apply to their correctional facility to conduct a visit via communication devices.
  2. However, if the inmate on either side is held incommunicado as determined by the court or the prosecutor in accordance with the Code of Criminal Procedure, the correctional facility may reject inmate’s application.

What is “conducting visits via communication devices”? What are the rules for application?

  1. To make it more convenient for inmates to meet with their family members, nearest relatives, attorneys, defense counsels and other people under special circumstances, correctional facilities have installed telephone equipment, remote visit equipment, or other types of communication devices for them to communicate with each other in a timely manner.
  2. Who can apply for visits via communication devices, application conditions, procedures, number and duration of visits, duration, number of visitors, schedule, means of communication, reasons for rejecting or terminating a visit, charges, and other rules to abide by are stipulated in the Regulations for Conducting Visits via Communication Devices in Prisons and Detention Centers and other rules announced by correctional facilities.
  3. Applicants and reasons:
    1. Legal reasons for inmates to make an application:
      1. A family member or nearest relative of the inmate recently passed away or is in a life-threatening situation.
      2. The inmate’s family members or nearest relatives have not visited and corresponded with the inmate for the past three months.
      3. The inmate’s spouse or lineal relative is held at a correctional facility.
      4. The inmate requests to meet diplomatic and consular personnel from their country or region or personnel that may represent their country or region.
      5. The correctional facility does so based on humanitarian consideration or deems it helpful for facility management.
    2. Legal reasons for individuals to make an application:
      1. Family members or nearest relatives.
      2. Attorneys or defense counsels.
      3. Individuals other than those specified in the preceding two paragraphs having one of the following situations:
        1. The individual is aged 65 or older or under the age of 12;
        2. The individual may be or is infected with a disease defined in the Communicable Disease Control Act.
        3. The individual suffers from a major illness or injury defined in the Regulations Governing the Exemption of the National Health Insurance Beneficiaries from the Co-Payment.
        4. The individual has physical or mental disabilities.
        5. The individual or the property thereof suffers damage in a disaster defined in the Disaster Prevention and Protection Act.
        6. The individual requests a visit because a family member or nearest relative of the inmate recently passes away or is in a life-threatening situation.
        7. The individual is one of the diplomatic and consular personnel from the inmate’s country or region or one of the personnel that may represent the inmate’s country or region.
        8. Other circumstances deemed major or extraordinary by the facility.
  4. Number and duration of visits: An inmate may conduct visits via communication devices twice per month (excluding visits conducted for reason of family member or nearest relative recently passed away or is in life-threatening situation, meeting with diplomatic or consular personnel, meeting with attorney or defense counsel, the visitor or the property thereof suffers damage in a disaster, or other situations deemed necessary by the facility). Each visit shall be limited to 30 minutes. However the facility may increase or decrease the number or duration of visit if it deems necessary.
  5. Number of visitors: When visit is conducted via remote visit equipment, there shall be no more than 2 visitors. For other means of communications, the facility may adjust the number of visitors depending on the means of communication or spatial limitations.
  6. Application procedures and methods:
    1. Applicants must submit required documents to the facility where the inmate is held during the specified period (see descriptions in B below),or apply online from the Conveninece Service Portal of the Agency of Corrections Ministry of Justice(https://service.mjac.moj.gov.tw). The application form is available at correctional facilities or may be downloaded from the websites of correctional facilities.
    2. Application time and required documents:
      Applicant and reason Application period Required documents
      Applied by inmate A family member or nearest relative of the inmate recently passes away or is in a life-threatening situation Within one month after death of the family member or nearest relative or within 7 days after the family member or nearest relative falls into a life-threatening situation Documents evidencing that the inmate’s family member or nearest relative has passed away within the past month or that the family member or nearest relative has been in a critical condition within the past 7 days
      The inmate’s family members or nearest relatives have not visited and corresponded with the inmate for the past three months Within 7 to 2 days before the requested day of visit Documents evidencing relationship with the visitor
      The inmate’s spouse or lineal relative is held at a correctional facility Within 7 to 2 days before the requested day of visit Documents evidencing relationship with the visitor
      The inmate requests to meet diplomatic and consular personnel from their country or region or personnel that may represent their country or region Within 7 to 2 days before the requested day of visit Documents evidencing the identity of visitor (when such documents cannot be provided, the facility may determine the identity thereof based on the data collected during an investigation)
      The correctional facility does so based on humanitarian consideration or deems it helpful for facility management Based on actual needs Documents required by the facility
      Applied by individual Family members or nearest relatives Within 7 to 2 days before the requested day of visit Documents evidencing visitor’s identity and relationship with the inmate
      Attorneys or defense counsel Within 7 to 2 days before the requested day of visit Documents evidencing visitor’s identity and that the visitor is authorized by the inmate or they have been negotiating matters related to authorization
      Individuals other than those specified in the preceding two paragraphs having one of the following situations The individual is aged 65 or older or under the age of 12 Within 7 to 2 days before the requested day of visit Documents evidencing visitor’s identity
      The individual may be or is infected with a disease defined in the Communicable Disease Control Act Within 7 to 2 days before the requested day of visit Documents evidencing visitor’s identity and that he or she may be or is infected with a communicable disease
      The individual suffers from a major illness or injury defined in the Regulations Governing the Exemption of the National Health Insurance Beneficiaries from the Co-Payment Within 7 to 2 days before the requested day of visit Documents evidencing visitor’s identity and that he or she suffers from a major illness and injury
      The individual has physical or mental disabilities Within 7 to 2 days before the requested day of visit Documents evidencing visitor’s identity and that he or she has physical or mental disabilities
      The individual or the property thereof suffers damage in a disaster defined in the Disaster Prevention and Protection Act Within 7 to 2 days before the requested day of visit Documents evidencing visitor’s identity and proof sufficient to establish the damage suffered
      The individual requests a visit because a family member or nearest relative of the inmate recently passes away or is in a life-threatening situation With one month after the death of the inmate’s family member or nearest relative or within 7days after the family member or nearest relative falls into a life-threatening situation Documents evidencing that the inmate’s family member or nearest relative has passed away within the past month or that the family member or nearest relative has been in a critical condition within the past seven days
      The individual is one of the diplomatic and consular personnel from the inmate’s country or region or one of the personnel that may represent the inmate’s country or region Within 7 to 2 days before the requested day of visit Documents evidencing visitor’s identity and other relevant supporting documents
      Other circumstances deemed major or extraordinary by the facility Based on actual needs Documents required by the facility
    3. The correctional facility will notify the applicants of the review results by phone, email or other appropriate means, and applicants should conduct visit in accordance with the time and means of communication designated by the facility. Applicants can also call the facility one day before the requested day of visit to inquire whether the application has been approved.
    4. The means of communication shall be limited to telephone and other communication devices designated by the facility where the inmate is held.
    5. If the correctional facility allows the use of remote visit equipment, the visitor should bring ID document to the designated facility at the scheduled time to make remote visit.
    6. If the applicant cannot conduct visit via communication equipment as scheduled, he should call the facility to cancel the visit. If an individual has failed to conduct visits according to the time and means of communication designated by the facility three times or more over the past six months, the facility may reject his or her application within three months starting from the day of the most recent missed visit.
  7. In the event of any of the following circumstances, correctional facilities may reject the application of an inmate or individual to conduct a visit via communication devices:
    1. The inmate declines to meet with the visitor.
    2. The inmate or the individual requesting the visitor fails to follow the rules for conducting visit via communication devices.
    3. The individual requesting the visit has failed to conduct visits according to the time and means of communication designated by the facility three times or more over the past six months, and the facility may reject his or her application within three months starting from the day of the most recent missed visit.
    4. The inmate or the individual requesting the visit is prohibited by the court or the prosecutor from meeting visitors or the inmate in accordance with the Code of Criminal Procedure.
    5. The facility may reject visit requested by an individual in accordance with the Prison Act, Detention Act, or other laws and regulations
  8. Any of the following circumstances occurs during a visit, the facility may terminate the visit:
    1. The visitor is not approved for a visit.
    2. The individual approved for a visit uses a communication device other than those designated, or takes photographs, makes video or audio recording or uses any other audio-visual equipment without permission.
    3. The individual approved for a visit uses abusive language, makes a clamor, or destroys the venue or equipment and refuses to stop such acts when asked to.
    4. The individual approved for a visit avoids, hinders, or refuses the monitoring or listening performed by the facility according to the law.
    5. The inmate or the individual approved for a visit behaves in a way that adversely affects the order or security of the facility.

Can we make an appointment to visit an inmate in advance?

To shorten the waiting time, visitors can, after completing an in-person visit, make an appointment for the next visit, or call the correctional facility in advance, or log onto the Visitation Appointment Network of Correctional Facilities (https://service.mjac.moj.gov.tw/) to make an appointment.

How to make a visitation appointment on line?

  1. For regular visits, visitors can make an appointment online from the Visitation Appointment Network of Correctional Facilities (https://service.mjac.moj.gov.tw).
  2. Eligible applicants: Inmate’s spouse, family members or relatives.
  3. The time for making an appointment for inmate visitation starts from 0:00 the seventh day prior to the date of planned visit to 15:00 two days prior to the date of planned visit. If the deadline falls on a weekend or public holiday, the application deadline shall be moved early to the day preceding the weekend or public holiday or day off.
  4. After completing the application, the applicant should call or go on the website on the day before the planned visit to find out whether the appointment is approved or not.
  5. An applicant who is unable to make the visit at the appointed time and date should cancel the appointment online or by phone no later than 15:00 two days before the planned visit. If the day before the planned visit falls on a weekend or public holiday, the appointment should be cancelled one working day before the weekend or public holiday.
  6. The online appointment service does not apply to visits on public holidays or toher days off.
  7. After confirming the appointment, the applicant should bring identification documents (e.g. National ID Card, driver’s license, or resident permit or passport (for foreigners) and appear at the correctional facility at least 30 minutes before the appointed time to complete the registration formalities.
  8. An applicant may not make another visitation appointment until the current visit is completed.
  9. An applicant shall use his or her real identity when making an appointment. An applicant who is found to fake (or lie) about his or her identity will be disqualified for the service. If an applicant fails to show up at the appointed time more than three accumulatively within six months, the application for visitation appointment from the same applicant will not be accepted for three months starting from the latest appointment date.

How to make onsite visitation appointment?

  1. Eligible applicants: Limited to inmate’s spouse, family members or relatives who have made a regular visit once or more times at the correctional facility.
  2. An onsite appointment should be made from 0:00 the seventh day prior to the date of planned visit to 15:00 two days prior to the date of planned visit. If the deadline falls on a public holiday or other days off, the application deadline shall be moved early to one working day preceding the public holiday or day off.
  3. After an onsite visitation appointment is made, the correctional facility may provide the applicant with a receipt, and the applicant should bring identification documents and appear at the correctional facility at least 30 minutes before the appointed time to complete the registration formalities.
  4. An applicant who is unable to make the visit at the appointed time and date should cancel the appointment by phone no later than 15:00 one day before the planned visit. If the day before the planned visit falls on public holidays or other day off, the appointment should be cancelled one day before public holidays or other days off.
  5. If an applicant fails to show up at the appointed time more than three times  accumulatively within six months, the onsite application for visitation appointment from the same applicant will not be accepted for three months from the latest appointment date.
  6. The onsite appointment service does not apply to visits on the first Sunday each month, public holidays or other days off.

What are the Prison's office hours for applying a visitation?

The prison's office hours for applying a visitation are:

  1. 8 am to 11 am,1:30 pm to 4 pm, Monday to Friday except on national holidays.
  2. First Sunday per month:8 am to 11 am, 1:30 pm to 4 pm
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