The Regulations of the Organization and Management of the Association of Rehabilitation Protection
2017-05-10
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Article 1
These Regulations are prescribed in accordance with Paragraph 2, Article 4 of the Rehabilitation Protection Act (hereinafter, the "RPA").
Article 2
The Association of Rehabilitation Protection deals with rehabilitation protection affairs in accordance with the RPA. Rehabilitation protection is provided to the persons specified in Article 2 of the RPA so as to help them lead an independent life, adapt to the society, and restrain from repeating offenses, with a view to promoting social security on the whole.
Article 3
The Association of Rehabilitation Protection is in charge of:
1.Communication with the protected individuals before they are discharged from prison;
2.Instructions and counseling given to the protected individuals before and after they are discharged from prison;
3.Matters related to taking in the protected individuals;
4.Contact and coordination between the family members of the protected individuals and the rehabilitation counselors;
5.Matters related to assistance provided to the protected individuals;
6.Establishment of a manufacturing business;
7.Referral and assistance for employment, education, medical treatment and placement for the protected individuals;
8.Emergency aid and referral assistance provided to the protected individuals in financial difficulty;
9.Mediation between the protected individuals and the victims or near neighbors of the protected individuals;
10. Follow-up counseling provided to the protected individuals;
11. Fund-raising for the expenses of rehabilitation protection matters;
12. R&D on rehabilitation protection matters;
13. Other matters concerning rehabilitation protection.
The Association of Rehabilitation Protection may collaborate with related organizations to conduct the aforesaid matters specified in Subparagraphs 2, 3, 6, 7, 9, 10, 12 and 13 via commission or cooperation.
1.Communication with the protected individuals before they are discharged from prison;
2.Instructions and counseling given to the protected individuals before and after they are discharged from prison;
3.Matters related to taking in the protected individuals;
4.Contact and coordination between the family members of the protected individuals and the rehabilitation counselors;
5.Matters related to assistance provided to the protected individuals;
6.Establishment of a manufacturing business;
7.Referral and assistance for employment, education, medical treatment and placement for the protected individuals;
8.Emergency aid and referral assistance provided to the protected individuals in financial difficulty;
9.Mediation between the protected individuals and the victims or near neighbors of the protected individuals;
10. Follow-up counseling provided to the protected individuals;
11. Fund-raising for the expenses of rehabilitation protection matters;
12. R&D on rehabilitation protection matters;
13. Other matters concerning rehabilitation protection.
The Association of Rehabilitation Protection may collaborate with related organizations to conduct the aforesaid matters specified in Subparagraphs 2, 3, 6, 7, 9, 10, 12 and 13 via commission or cooperation.
Article 4
A board of directors composed of 5 to 25 non-salaried directors shall be established with one of the directors acting as the chairperson. Donors may select and appoint directors, provided, however, that the donors-appointed-directors shall not exceed more than one-third of the total number of the directors. The Ministry of Justice shall select and appoint the remaining directors from related government employees, business executives, scholars, experts or people dedicated to public service or charity. The term of office for the directors is three years, and the directors are eligible for reelection.
The total number of reelected directors shall not exceed two-thirds of the total number of directors, unless otherwise required under special circumstances.
In the event that a director who concurrently serves as a civil servant and changes his/her civil servant position during his/her term of office, such director shall not be counted as a reelected director.
If any director cannot fulfill his/her term of office due to resignation, death, incapacitation or post changes in his/her own organizations, the Ministry of Justice may select appropriate personnel for replacement.
The total number of reelected directors shall not exceed two-thirds of the total number of directors, unless otherwise required under special circumstances.
In the event that a director who concurrently serves as a civil servant and changes his/her civil servant position during his/her term of office, such director shall not be counted as a reelected director.
If any director cannot fulfill his/her term of office due to resignation, death, incapacitation or post changes in his/her own organizations, the Ministry of Justice may select appropriate personnel for replacement.
Article 5
The authority of the board of directors is described as follows:
1.To amend the charter of Association;
2.To examine policies and plans of the Association;
3.To specify and manage the internal organization;
4.To collect, manage and exercise the funds;
5.To take care and exercise properties donated;
6.To manage and exercise property of the Association;
7.To verify budgets and final accounts;
8.To dissolve or merge the Association of Rehabilitation Protection;
9.To specify important rules and regulations;
10. To decide other important matters.
1.To amend the charter of Association;
2.To examine policies and plans of the Association;
3.To specify and manage the internal organization;
4.To collect, manage and exercise the funds;
5.To take care and exercise properties donated;
6.To manage and exercise property of the Association;
7.To verify budgets and final accounts;
8.To dissolve or merge the Association of Rehabilitation Protection;
9.To specify important rules and regulations;
10. To decide other important matters.
Article 6
A managing board of directors with several managing directors may be established under the board of directors. Managing directors will be elected among directors, except for the president who is an unconditional managing director.
The managing board of directors executes the resolutions reached at the board of directors and other matters concerning the operation of the Association.
The managing board of directors executes the resolutions reached at the board of directors and other matters concerning the operation of the Association.
Article 7
The post of a chairperson can be full-time or part-time and he/she will be in charge of the general administration of the Association. The chairperson represents the Association of Rehabilitation Protection.
Article 8
The Association of Rehabilitation Protection shall be installed with 3 to 5 non-salaried supervisors with one of themservingas the managing supervisor. The supervisors shall be selected and appointed by the Ministry of Justice, from related government employees, executives of private sectors, scholars, experts or people zealous in public service. The term of office of the supervisors is three years while the supervisors are eligible for reelection.
The supervisors are in charge of auditing donated properties and bank savings, monitoring the financial status and examining the final accounts.
The managing supervisor shall attend the meetings of the board of directors.
The supervisors are in charge of auditing donated properties and bank savings, monitoring the financial status and examining the final accounts.
The managing supervisor shall attend the meetings of the board of directors.
Article 9
If necessary, several non-salaried advisors may be employed upon a resolution reached at the meeting of the board of directors.
Article 10
For the branches of the Association of Rehabilitation Protection, a committee with several non-salaried commissioners may be established. The commissioners shall be selected and appointed by the Association from related government employees, executives of private sectors, scholars, experts or people zealous in public service. The term of office of the chief commissioners shall be three years and the commissioners are eligible for reelection.
The proportion of experts and scholars in the preceding paragraph shall not be less than one fifth of the total number of commissioners.
The chief commissioner is in charge of the general administration of the affiliate and represents the branch.
If any commissioner can't fulfill his/her term of office due to resignation, death, incapability or post changes in his/her own organizations, the Association of Rehabilitation Protection may select proper personnel to make up such post.
The proportion of experts and scholars in the preceding paragraph shall not be less than one fifth of the total number of commissioners.
The chief commissioner is in charge of the general administration of the affiliate and represents the branch.
If any commissioner can't fulfill his/her term of office due to resignation, death, incapability or post changes in his/her own organizations, the Association of Rehabilitation Protection may select proper personnel to make up such post.
Article 11
Each branch may be installed with one honorary chief commissioner without salaries to assist in the operation of the branch. The honorary chief commissioners shall be selected and appointed by the Association from related government employees, executives of private sectors, scholars, experts or people zealous in public service. The term of office of the honorary chief commissioner is three years while the chief commissioner is eligible for reelection.
If any honorary chief commissioner can't fulfill his/her term of office due to resignation, death, incapability or post changes in his/her own organizations, the Association of Rehabilitation Protection may select proper personnel to make up such post.
If any honorary chief commissioner can't fulfill his/her term of office due to resignation, death, incapability or post changes in his/her own organizations, the Association of Rehabilitation Protection may select proper personnel to make up such post.
Article 12
The Association of Rehabilitation Protection shall be installed with one executive officer under the charge of the president to deal with ordinary affairs. This executive officer shall be nominated by the president and consented by the board of directors. The same procedure shall apply to the dismissal. The president may appoint one to two deputy executive officers and employ certain full-time working staff members that are appropriate .
The branches of the Association of Rehabilitation Protection set the number of full-time working staffs; the president approves the employment appropriate persons.
The plan of human resource management on the employment, service, salaries, benefits, welfare and assessment of the full-time personnel shall be specified by the Association of Rehabilitation Protection and submitted to the Ministry of Justice for approval prior to implementation.
For the purpose of promoting the Association’s service, the president may appoint appropriate persons as part time employees of the Association of Rehabilitation Protection and the branches.
The branches of the Association of Rehabilitation Protection set the number of full-time working staffs; the president approves the employment appropriate persons.
The plan of human resource management on the employment, service, salaries, benefits, welfare and assessment of the full-time personnel shall be specified by the Association of Rehabilitation Protection and submitted to the Ministry of Justice for approval prior to implementation.
For the purpose of promoting the Association’s service, the president may appoint appropriate persons as part time employees of the Association of Rehabilitation Protection and the branches.
Article 13
A meeting of the board of directors shall be convened once every half a year. A temporary meeting may be convened if the president considers it necessary or when over one third of incumbent directors present a written proposal for such meeting.
A meeting of the board of directors shall be convened and chaired by the president. When the president cannot call or preside over the meeting due to certain reason, he/she may designate one managing director to serve as his/her proxy. If no proxy is designated by the president, one may be elected among the managing directors.
A meeting of the board of directors shall be convened and chaired by the president. When the president cannot call or preside over the meeting due to certain reason, he/she may designate one managing director to serve as his/her proxy. If no proxy is designated by the president, one may be elected among the managing directors.
Article 14
To adopt a resolution of the board of directors, it takes a majority vote at the meeting attended by more than one half of the directors. However, the resolutions of the following affairs shall be carried by over two thirds of directors at the meeting attended by more than one half of the directors and submitted to the Ministry of Justice for approval:
1.Amendment of the Charter: if there exist the circumstances provide by Articles 62 and 63 of the Civil Code, a further necessary decision made by the court is required;
2.Disposal or pledge of immovable properties or major disposal or pledge of rights;
3.Dissolution or merger;
4.Use of the properties donated
The agenda and information related to the matters to be discussed shall be delivered to all the directors and the Ministry of Justice ten days before the meeting. The Ministry of Justice shall designate a representative to attend the meeting and participate in discussion prior to a decision by vote.
1.Amendment of the Charter: if there exist the circumstances provide by Articles 62 and 63 of the Civil Code, a further necessary decision made by the court is required;
2.Disposal or pledge of immovable properties or major disposal or pledge of rights;
3.Dissolution or merger;
4.Use of the properties donated
The agenda and information related to the matters to be discussed shall be delivered to all the directors and the Ministry of Justice ten days before the meeting. The Ministry of Justice shall designate a representative to attend the meeting and participate in discussion prior to a decision by vote.
Article 15
The fiscal year of the Association of Rehabilitation Protection shall be based on a calendar year.
The Association of Rehabilitation Protection shall present its operation results and an accounting report to the Ministry of Justice for reference on a monthly or regular basis.
The Association of Rehabilitation Protection shall draft a work plan and a budget for the following year and present them to the board of directors for approval at the end of each year. The work plan and budget shall be submitted to the Ministry of Justice by July 31st. A report on the achievements for the previous year along with final accounting of revenue and expenditure and an inventory of property verified by supervisors shall also be submitted to the Ministry of Justice for reference by April 15th.
When submitting the aforesaid final accounting of revenue and expenditure to the Ministry of Justice, if there is any adjustment to the total value of the property, it shall be submitted to the Ministry of Justice for approval within thirty days following the date at which a resolution was reached at the meeting of the board of directors. The adjustment shall be registered with the respective court within thirty days following the date on which the approval document is received.
Relating to the aforesaid adjustment to the total value of the property, if the property type is negotiable securities, the adjustment shall mean any premium or discount upon realizing such negotiable securities. An adjustment relating to all other types of property shall be determined based upon the Regulations on the Property Management of the Association of Rehabilitation Protection and relevant laws.
To ensure consistency between the actual total value of the property and the value of the property registered with the court, the Ministry of Justice may send representatives to inspect the Association of Rehabilitation Protection or to notify the Association to provide related evidence and documentation.
The Association of Rehabilitation Protection shall present its operation results and an accounting report to the Ministry of Justice for reference on a monthly or regular basis.
The Association of Rehabilitation Protection shall draft a work plan and a budget for the following year and present them to the board of directors for approval at the end of each year. The work plan and budget shall be submitted to the Ministry of Justice by July 31st. A report on the achievements for the previous year along with final accounting of revenue and expenditure and an inventory of property verified by supervisors shall also be submitted to the Ministry of Justice for reference by April 15th.
When submitting the aforesaid final accounting of revenue and expenditure to the Ministry of Justice, if there is any adjustment to the total value of the property, it shall be submitted to the Ministry of Justice for approval within thirty days following the date at which a resolution was reached at the meeting of the board of directors. The adjustment shall be registered with the respective court within thirty days following the date on which the approval document is received.
Relating to the aforesaid adjustment to the total value of the property, if the property type is negotiable securities, the adjustment shall mean any premium or discount upon realizing such negotiable securities. An adjustment relating to all other types of property shall be determined based upon the Regulations on the Property Management of the Association of Rehabilitation Protection and relevant laws.
To ensure consistency between the actual total value of the property and the value of the property registered with the court, the Ministry of Justice may send representatives to inspect the Association of Rehabilitation Protection or to notify the Association to provide related evidence and documentation.
Article 16
The interest derived from the contributed property shall be used for various protection matters. Contributed property cannot be exercised or disposed of without a prior consent from the board of directors and the Ministry of Justice.
The property of the Association of Rehabilitation Protection shall be registered or deposited in a special account under the name of the Association. No profit distribution is allowed in any case.
Unless legal regulations specified otherwise, the property in the preceding paragraph shall not be deposited in or loaned to any individual, group or non-financial organization. However, the loans permitted by the board of directors and the Ministry of Justice for the purpose of promoting rehabilitation protection function are not prohibited.
The property of the Association of Rehabilitation Protection shall be registered or deposited in a special account under the name of the Association. No profit distribution is allowed in any case.
Unless legal regulations specified otherwise, the property in the preceding paragraph shall not be deposited in or loaned to any individual, group or non-financial organization. However, the loans permitted by the board of directors and the Ministry of Justice for the purpose of promoting rehabilitation protection function are not prohibited.
Article 17
The Ministry of Justice may send its employee to inspect if there exists any instance that the organization or management of the Association is against the original purpose, maintenance of property, financial status, application of funds, operation performance or other matters subject to supervision by law.
Article 18
Any occurrences with the Association of Rehabilitation Protection established before the implementation of the Regulations, which are inconsistent with the Regulations, shall be corrected within six months after implementing these Regulations.
Article 19
These Regulations shall enter into force from the date on which it is promulgated.