Regulations Governing the Transfer of Prisoners Article 3

The supervisory authority shall submit a report to the Ministry of Justice and obtain its determination with respect to the types of prisoners to be accommodated, approved capacity, and criteria for the execution of decision for each prison.The supervisory authority shall review the abovementioned approved capacity, types of prisoners accommodated, arrangement of living quarters, current status of accommodation, increase or decrease in the number of prisoners, and related matters, and shall determine the number of prisoners to be transferred into and out of the prisons in order to flexibly adjusting transfer operations.The supervisory authority shall notify the transferring prison to select prisoners to be transferred to other prisons according to the number determined under the preceding paragraph.Where a prisoner falls under any of the following circumstances, the transferring prison shall not transfer the prisoner to another prison in accordance with the provisions of Paragraph 1, Article 17 of the Act governing flexibly adjusting transfer operations:1. The prisoner was transferred from another prison less than six months;2. The remaining sentence to be served is less than two months;3. The prisoner meets the criteria for parole;4. The prisoner meets the conditions set forth in Subparagraph 2, Paragraph 2, Article 77 of the Criminal Code;5. The prisoner falls under any of the conditions set forth in Paragraph 1, Article 13 of the Act or has been escorted to a medical institution for guarded treatment within the past month in accordance with Paragraph 1, Article 62 of the Act;6. The prisoner holds the Nation-wide Medical Service Card issued by the Taiwan Centers for Disease Control.