A:

1.Criteria for seeking out-of-prison medical treatment on bail:

  (1)When an injured or ill prisoner is sent to an outside hospital or in-house patient ward for treatment under escort but is still unable to receive proper care, the prison may report the case (including doctor’s recommendations) to the supervisory agency seeking approval to allow the prisoner to receive out-of-prison medical treatment on bail. In case  of emergency, the prison can approve out-of-prison treatment on bail first and then report the case to the Agency of Corrections for reference.

  (2)The provisions on general out-of-prison medical treatment on bail in the preceding paragraph apply to female prisoners who are pregnant for more than five months or have  given birth less than two months earlier.

2.There are two procedures for out-of-prison medical treatment on bail – general and emergency:

  (1)General  procedure: The correctional facility  prepares related supporting documents, such as certificate of diagnosis and report to the Agency of Corrections for approval. If  the application is approved, the correctional facility will notify the relatives of prisoner to carry out the bail formality at prosecutors office.

  (2)Emergency procedure – The correctional facility prepares supporting documents, such as certificate of diagnosis and critical condition notice, for approval by the head of the facility, and sends a letter to the prosecutors office, requesting the office to take action by its vested authority, and then notifies relatives of the prisoner to carry out the bail formality at prosecutors office. After all steps are completed, the correctional facility will file a report to the Agency of Corrections for reference.

3.The criteria, operating procedure and review process for prisoners to receive out-of-prison medical treatment on bail: 

  (1)For prisoners whose health condition meets the provisions of Article 63 of the Prison Act and meets a situation under any subparagraph of Paragraph 1, Article 3 of the Regulations  Governing Review Standards and Management of Prisoners Receiving Out-of-Prison Medical Treatment on Bail, the prison may request the approval of the Agency  of Corrections for prisoners to receive out-of-prison medical treatment on bail:

     a.The prisoner is contracted with a disease with high fatality rate that his or her life may be endangered if incarceration continues. 

     b.The prisoner suffers from senility or there are objective facts indicating that he or she has severe physical or mental disability and cannot take care of himself/herself in  prison and will not receive proper medical care in prison. 

     c.The prisoner is gravely ill that he or she must be hospitalized and treated outside the prison on a long-term basis.

     d.The prisoner has severe physical disabilities that he or she must under go rehabilitation therapy outside the prison on a long-term basis. 

     e.The prisoner’s health condition is complex and hard to manage that he or she faces the risk of death at any time.

     f.The prisoner has  a notifiable disease and it is difficult for him or her to receive treatment in isolation in prison.

  (2)Operating procedure and review:

     a.Before a correctional facility reports out-of-prison medical treatment on bail for an  prisoner,  it  must  escort  the prisoner to a medical institution for treatment or hospitalization and obtains relevant supporting documents  (e.g. certificate of diagnosis, summary of medical record), and take reference of doctor’s recommendations and evaluate the following conditions: 

      (a)Severity of health condition; 

      (b)Treatment plan;

      (c) Prisoner’s self-care ability; and

      (d)Family’s ability to care for the prisoner or placement planning of the social welfare organization.

    b.When necessary, the prison can engage other professional agencies (institutions), groups or individuals to assist in the aforementioned evaluation.

    c.When a prisoner requests out-of-prison medical treatment on bail, the prison should let medical staff determine whether prisoner’s health condition meets any of the conditions under the subparagraphs of Paragraph 1, Article 3 of the Regulations Governing Review Standards and Management of Prisoners Receiving Out-of-Prison Medical Treatment on Bail. Before reporting the case to the Agency of Corrections, the prison must escort the prisoner to a medical institution for treatment or hospitalization and obtains relevant supporting documents, such as certificate of diagnosis and summary of medical record, and consider doctor’s evaluation of the prisoner’s health condition, treatment plan, and prisoner’s self-care ability, and notify the prisoner of the review results. 

  (3)After determining whether prisoner’s health condition meets the criteria for out-of-prison medical treatment on bail under Article 63 of the Prison Act, the prison shall submit an “Out-of-Prison Medical Treatment on Bail Report”, which details the prisoner’s health condition, treatment plan, self-care ability, family’s ability to care for the prisoner or placement planning of the social welfare organization, to the Agency of Corrections for  deliberation and approval. In the event of an emergency, the prison may approve out-of- prison medical treatment on bail before reporting the case to the Agency of Corrections. 

4. If a defendant under detention is gravely ill that he or she is unable to receive proper treatment inside the correctional facility, the facility will prepare certificate of diagnosis or other documents to the court or the prosecutor for a decision. Thus the provisions of out-of- prison medical treatment on bail do not apply to defendants.