Because of their imprisonment, inmates face many limitations in life. Their sources of income mostly come from the meagre money given by their families and labor compensation from working in prison workshops. This is quite different from regular civilians, who can earn money through various means. If criminal proceeds or debt payments need to be confiscated from inmates, part of their abovementioned income must be seized for compensation. The courts and prosecutors’ offices must consider the amount to be seized to ensure that the remaining income would be sufficient for inmates’ daily necessities.
The Control Yuan (CY) received a complaint from Yilan Prison, Agency of Corrections (AOC), that Yilan District Court had directly sent a notice of execution decree to the prison for the seizure of the entirety of an inmate’s labor compensation and deposits for paying off litigation costs, an infringement of the inmate’s rights as he would be unable to afford daily necessities. However, according to Article 52 of the Compulsory Enforcement Act and the explanation of an order issued by the AOC (issue number: 10101860430), the monthly basic living expenses for a male inmate shall be NT$1,000. After the CY wrote to the Judicial Yuan to tackle this matter, the Yilan District Court was urged to review whether the amount of money to be retained was appropriate. Considering the special circumstances of the inmate—that he was reliant on his elderly, low-income mother to pay his expenses in prison—the prison must retain an amount totaling three months of living expenses, NT$3,000, for the inmate. The Civil Enforcement Department of Yilan District Court rescinded the original execution decree to maintain the inmate’s quality of life and protect his rights.
The CY is concerned with the protection of inmates’ rights. Inmates have already received punishment for their mistakes in the form of imprisonment, and as such we should make efforts to protect their basic rights. The CY will continue to pay attention to issues related to inmates, helping them prepare well for a brand new life in the future through a robust and comprehensive environment.