Sexual Assault Crime Prevention Act Article 38

The duration of (an order of) compulsory treatment referred to in the preceding Article shall be less than five (5) years. If an assessment conducted on an Offender subject to the aforesaid compulsory treatment before the expiry of the duration of (an order of) compulsory treatment referred to in the preceding Article finds it necessary to subject the said Offender to remain taking compulsory treatment due to no significant decrease of the said Offender’s risk of recidivism, a competent prosecutor or the competent authority of the responsible special municipality or county (city) may file a petition to the competent court for an order to extend the duration of the abovementioned compulsory treatment. The first extension (of the duration of the said compulsory treatment) shall be less than three (3) years, and each subsequent extension shall be less than one (1) year. However, if a competent prosecutor or the competent authority of the responsible special municipality or county (city) finds it unnecessary to subject the said Offender to remain taking compulsory treatment, the said prosecutor or the said competent authority might file a petition to the court for an order to terminate the said compulsory treatment.If any of the circumstances prescribed in Paragraph 1 or Paragraph 2 of the preceding Article occurs after the abovementioned termination of compulsory treatment for an Offender, a competent court may issue an order admitting the said Offender to a suitable institution to remain taking compulsory treatment.The duration of compulsory treatment referred to in the preceding Paragraph shall be combined with the duration of compulsory treatment enforced before the abovementioned termination of compulsory treatment.During the duration or extended duration of compulsory treatment referred to in the three preceding Paragraphs, an assessment of an Offender for determining whether subjecting the said Offender to remain taking compulsory treatment is necessary shall be conducted at least once every year.The responsible compulsory treatment institution shall, at least three months prior to the expiry of duration or extended duration of compulsory treatment referred to in Paragraph 1 of this Article, notify a subject of compulsory treatment, and a competent prosecutor or the competent authority of the responsible special municipality and county (city), of the outcome of compulsory treatment and finding of assessments.After receiving a notification referred to in the preceding Paragraph, a subject of compulsory treatment may file a petition to the competent court for an order to terminate compulsory treatment.If the competent authority of the responsible special municipality and county (city), following the said competent authority’s receipt of a notification referred to in Paragraph 5 of this Article, finds it unnecessary to subject a subject of compulsory treatment to remain taking compulsory treatment, or if the said competent authority receives a court order, referred to in the proviso of Paragraph 1 of this Article or the preceding Paragraph, terminating the said compulsory treatment, the said competent authority should hold a transition meeting on the arrangement of physical and psychological treatment, counseling, or education for the said subject of compulsory treatment, as well as matters related to the registration and reporting of the said subject of compulsory treatment, and also should provide enrollment (into school), employment, family support, and other care services to the said subject of compulsory treatment.