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Q1-6: If a relative of mine is gravely ill but must serve a sentence, under what conditions will a prison decline to take in such an inmate?

  • Publication Date :
  • Last updated:2023-07-06
  • View count:46

A: 

1.A prison may refuse to accept an inmate under any of the following conditions:  

  (1)There are objective facts adequately showing that the individual lacks cognitive abilities to handle his/her own affairs due to his/her physical or mental conditions;

  (2)The individual is suffering from an illness that his/her life may be in danger while under imprisonment;

  (3)A female individual is pregnant for more than five months or has given birth less than two months earlier; 

  (4)The individual suffers from a notifiable disease and his/her imprisonment may cause cluster infection; or

  (5)The individual suffers from senility,  physical or mental disability, and cannot take care of himself/herself in prison.

2.An inmate in any of the conditions above should provide supporting documents, such as certificate of diagnosis, summary of medical record, pathology report or other test  report upon arrival for the reference of the correctional facility. 

3.Inmates who are not taken in by a facility will be sent to a hospital, placed under the custody of a guardian or sent to other appropriate places at the discretion of the  prosecutor. 

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