Regulation for Enforcement of the Juvenile Training School Act (Tentative translation)
Under the provisions of the Juvenile Training School Act (Act No. 58 of 2014), and in order to enforce that Act, the Regulation for Enforcement of Juvenile Training School Act is established as follows.
Chapter I General Provisions (Article 1)
Chapter II Administration of Juvenile Training School (Articles 2 through 7)
Chapter III Principles of Treatment, etc. (Articles 8 through 12)
Chapter IV Admission (Articles 13 through 15)
Chapter V Correctional Education (Articles 16 through 28)
Chapter VI Hygiene and Medical Care (Articles 29 through 35)
Chapter VII Lending, Supplying and Purchasing of Goods (Articles 36 through 38)
Chapter VIII Handling of Money and Goods (Articles 39 through 44)
Chapter IX Access to Books, etc. (Article 45)
Chapter X Maintenance of Discipline and Order (Articles 46 through 50)
Chapter XI Contact with the Persons Outside (Articles 51 through 70)
Chapter XII Rewards and Disciplinary Actions (Articles 71 through 75)
Chapter XIII Filing of Relief, etc. (Articles 76 through 83)
Chapter XIV Provisional Commitment (Article 84)
Chapter XV Transfer, etc. (Articles 85 and 86)
Chapter XVI Continuation of Commitment (Articles 87 and 88)
Chapter XVII Release (Article 89)
Chapter XVIII Death (Articles 90 through 92)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1  This Regulation provides for the particulars mandated by the provisions of the Juvenile Training School Act (Act No. 58 of 2014; hereinafter referred to as the "Act") and other necessary particulars concerning enforcement of the Act.
Chapter II Administration of Juvenile Training School
(Name of the Juvenile Training School Visiting Committee)
Article 2  The name of the Juvenile Training School Visiting Committee (hereinafter referred to as the "Committee") bears the name of the juvenile training school in which the Committee is established before the term Visiting Committee.
(Chairperson)
Article 3  (1) The Committee is to have a chairperson who is elected from among the Committee members.
(2) The chairperson is to preside over the processes of the Committee.
(3) The member who is designated by the chairperson in advance is to act as a proxy in handling the chairperson's duties when the chairperson is unable to attend to them.
(Proceedings at the Committee Meetings)
Article 4  (1) The Committee meetings are to be convened by the chairperson.
(2) The Committee may not hold a meeting or make any resolution without the presence of more than half of all Committee members.
(3) Beyond what is provided for in the preceding two paragraphs, necessary particulars on the proceedings at the Committee meetings are determined by the Committee.
(General Processes of the Committee)
Article 5  The general processes of the Committee are handled by the general processes section of the juvenile training school in which the Committee is established.
(Provision of Information to the Committee)
Article 6  (1) The superintendent of the juvenile training school is to, each fiscal year, submit documents providing information necessary to understand the state of administration of the juvenile training school concerning the following particulars to which the juvenile training school pertains, at the first meeting of the Committee for that fiscal year:
(i) outline of the site and buildings;
(ii) maximum capacity of the facility and trends in the number of inmates;
(iii) details on the staff quota and the level of its sufficiency;
(iv) state of whether or not juvenile training school tours are permitted;
(v) state of request for cooperation to custodian, etc. under Article 17 of the Act;
(vi) state of cooperation concerning treatment of inmates by those set forth in Article 18, paragraph (1) of the Act;
(vii) state of provision of correctional education;
(viii) state of provision of support under Article 44, paragraph (1) of the Act;
(ix) state of provision of hygiene and medical care to inmates;
(x) state of lending and supplying of goods under Article 60 of the Act and whether or not the use or consumption of purchased goods is permitted under Article 61 of the Act;
(xi) state of the maintenance of books, etc. (meaning books, magazines, and other documents and drawings (except for letters and newspapers); the same applies hereinafter in this item and Article 45) of the juvenile training school and whether or not access to purchased books, etc. is permitted;
(xii) state of provision of religious ceremonies and counseling by religious leaders;
(xiii) state of measures taken for the maintenance of discipline and order in the juvenile training school;
(xiv) state of permission, prohibition, suppression, or restriction of visits, correspondence, and communication by inmates prescribed in Article 106, paragraph (1) of the Act;
(xv) state of provision of rewards and imposition of disciplinary action;
(xvi) state of filing of requests or complaints under Article 120 of the Act or Article 121, paragraph (1) of the Act, and results of the processes;
(xvii) status of the application for permission for release on parole, discharge, and parole;.
(xviii) status of the continuation of commitment under the proviso of Article 137, paragraph (1) of the Act and application under Article 138, paragraph (1) or Article 139, paragraph (1) of the Act;
(xix) state of provision of consultation under Article 146 of the Act.
(2) In the following cases, the superintendent of the juvenile training school is to submit documents providing information necessary to understand the state of the juvenile training school at a Committee meeting:
(i) when the state of administration of the juvenile training school has changed considerably;
(ii) when the Committee requested explanation about the state of administration of the juvenile training school; or
(iii) when the superintendent of the juvenile training school has taken certain measures in response to opinions presented by the Committee.
(Reflection of Opinions of the Committee)
Article 7  The superintendent of the juvenile training school is to, insofar as possible, endeavor to take necessary measures to reflect opinions of the Committee into the administration of that juvenile training school.
Chapter III Principles of Treatment, etc.
(Stages of Treatment Specified by the Ministry of Justice Order provided for in Article 16 of the Act)
Article 8  The stages of treatment specified by Ministry of Justice Order provided for in Article 16 of the Act (hereinafter simply referred to as "stage of treatment") are Grade 1, Grade 2, and Grade 3 in order from highest to lowest.
(Designation of Stages of Treatment)
Article 9  (1) The stage of treatment of an inmate is Grade 3 when the inmate is admitted to the juvenile training school; provided, however, when that inmate is transferred from another juvenile training school, the stage of treatment of that inmate is set at the previous stage of treatment.
(2) Notwithstanding the provisions of the proviso of the preceding paragraph, when it is found appropriate in light of the status of improvement and rehabilitation of the inmate, the stage of treatment other than the previous stage of treatment may be set.
(Treatment Related to the Life and Behavior of Inmates Specified by Ministry of Justice Order provided for in Article 16, item (iii) of the Act)
Article 10  Treatment related to the life and behavior of inmates specified by Ministry of Justice Order provided for in Article 16, item (iii) of the Act is the treatment provided for in the following items:
(i) designation of a room (meaning a room to be designated by the superintendent of the juvenile training school as a place to be used by inmates mainly for the purpose of rest and sleep; hereinafter the same applies);
(ii) assistance under Article 37, item (iii) of the Act;
(iii) permission for day leave and furlough under Article 45, paragraph (1) of the Act;
(iv) observation of visits or making audio or video recordings of them under the main clause of Article 93, paragraph (1) of the Act
(v) conduction of visits in the method provided in Article 97 of the Act (hereinafter referred to as "accommodated visit");
(vi) other treatment determined by the superintendent of the juvenile training school.
(Designation of Rooms)
Article 11  (1) A room allocated to an inmate whose stage of treatment is Grade 1 is to be, as much as possible, one which does not have all or part of the facilities or measures normally required to secure detention, unless it is likely to hinder the maintenance of discipline and order or the management and administration of the juvenile training school.
(2) For a room allocated to an inmate whose stage of treatment is Grade 2 or Grade 3, the room set forth in the preceding paragraph may be designated when it is unlikely to hinder the maintenance of discipline and order or the management and administration of the juvenile training school and the superintendent of the juvenile training school finds it appropriate for the treatment of that inmate.
(Implementation Methods of Treatment According to Stages of Treatment)
Article 12  (1) The correctional education under Article 39 of the Act, guidance under Article 40, paragraph (2) of the Act (hereinafter in Article 26, paragraph (1) and Article 37 referred to as "out-of-school commissioned guidance"), and support set forth in Article 44, paragraph (1) of the Act under Article 44, paragraph (2) of the Act and accommodated visits are to be implemented in accordance with the standards for selection of qualified inmates according to the stage of treatment and manner of implementation as determined by the superintendent of the juvenile training school.
(2) Day leave and furlough under Article 45, paragraph (1) of the Act are to be permitted in accordance with the standards for permission according to stage of treatment as determined by the superintendent of the juvenile training school.
(3) Observation of visits or making audio or video recordings of them under the main clause of Article 93, paragraph (1) of the Act is to be conducted in accordance with the standards for selection of subjects and manner of implementation according to the stages of treatment as determined by the superintendent of the juvenile training school; provided, however, that this does not apply if the superintendent of the juvenile training school finds it necessary to do this due to individual and specific reasons.
Chapter IV Admission
(Method of Notification upon Admission)
Article 13  (1) On giving notification under Article 20 of the Act, the outline of the particulars listed in paragraph (1), items (vi) through (x) of the same Article is to be explained verbally with a plain language by officials of the juvenile training school.
(2) The notification in writing set forth in Article 20, paragraph (2) of the Act is to be kept available in the inmate's room.
(3) If there is any change in the notified content after the notification was made under Article 20 of the Act, the superintendent of the juvenile training school must notify the inmates of the relevant changed content in writing with plain language whenever such change occurs. In such a case, the provisions of the preceding two paragraphs apply mutatis mutandis.
(Officials of a Juvenile Training School Specified by Ministry of Justice Order provided for in Article 21, paragraph (1) of the Act)
Article 14  An official of a juvenile training school specified by Ministry of Justice Order provided for in Article 21, paragraph (1) of the Act (hereinafter in this Article referred to as "designated official") is the official of the juvenile training school to whom the Public Security Service Salary Schedule in Appended Table No.4 of the Regular Service Remuneration Act (Act No. 95 of 1950) applies, and who has completed training and drills necessary for the duties of designated official specified in the Act.
(Methods of Body Examination for Identification)
Article 15  The examination under Article 21, paragraph (1) of the Act is to be performed by carrying out the following:
(i) photographing the inmate's face;
(ii) identifying any distinguishing physical features.
Chapter V Correctional Education
(Circumstances Specified by Ministry of Justice Order as Set Forth in Article 24, paragraph (3), item (iii) of the Act)
Article 16  The circumstances specified by Ministry of Justice Order provided for in Article 24, paragraph (3), item (iii) of the Act are those set out under the following items:
(i) the inmate has a cognitive bias or lack of self-control which may result in a crime or delinquency intended for satisfaction of the inmate's sexual desire;
(ii) the inmate has a cognitive bias or lack of self-control which may result in a crime or delinquency that harms the lives or bodies of others through the use of physical force against the body;
(iii) the inmate has yet to learn how to get involved appropriately with that inmate's custodians or other family members;
(iv) the inmate has no knowledge or ability to discontinue association with persons who have criminal tendencies or leave a motorcycle gang or other delinquent groups.
(Payment of Financial Incentive for Acquisition of Vocational Abilities before Release)
Article 17  The amount to be provided pursuant to the provisions of Article 25, paragraph (4) of the Act must not exceed one half of the amount equivalent to the financial incentive for acquisition of vocational abilities provided for in paragraph (3) of the same Article that the superintendent of the juvenile training school may pay to the inmate if released at that time; provided, however, that this does not apply to cases where payment of the excess amount is deemed appropriate specifically in light of the purpose of use of that amount.
(Issue of a Certificate)
Article 18  When an inmate is considered to have completed all or part of the education equivalent to the curriculum of a school provided for in Article 1 of the School Education Act (Act No. 26 of 1947) pursuant to the provisions of Article 27, paragraph (1) of the Act, the superintendent of the juvenile training school may issue a certificate evidencing to that effect to that inmate.
(Formulation of the Juvenile Training School Correctional Education Curriculum)
Article 19  (1) In formulating the juvenile training school correctional education curriculum pursuant to the provisions of Article 32, paragraph (1) of the Act, the superintendent of the juvenile training school is to consider the correctional education curriculum(meaning the correctional education curriculum provided in Article 30 of the Act) designated for that juvenile training school pursuant to the provisions of Article 31 of the Act, as well as the conditions of the establishments and facilities of that juvenile training school and the characteristics of the region in which that juvenile training school is situated.
(2) The superintendent of a juvenile training school must make necessary revisions of the juvenile training school correctional education curriculum according to the state of implementation of the correctional education, etc. at that juvenile training school.
(Conducting of Performance Evaluation)
Article 20  Performance evaluation set forth in Article 35, paragraph (1) of the Act is to be conducted once every four months or more frequently.
(Matters specified by Ministry of Justice Order provided for in Article 35, paragraph (2) of the Act)
Article 21  Matters specified by Ministry of Justice provided for in Article 35, paragraph (2) of the Act are those set out under the following items:
(i) degree of achievement of the goals of the correctional education specified in the personalized correctional education program provided in Article 34, paragraph (1) of the Act;
(ii) status of efforts for the correctional education;
(iii) status of daily life and behavior.
(Method of Performance Evaluation)
Article 22  Performance evaluation referred to in Article 35, paragraph (1) of the Act must be conducted in an objective and impartial manner.
(Daily Schedule of Inmates)
Article 23  (1) The daily schedule provided for in Article 37, paragraph (1) of the Act is to be determined in accordance with the following standards in regard to the time prescribed in the following items, as well as with respect to the schedule of roll calling for the purpose of confirming the physical presence of an inmate in the building in which the inmate's room is located:
(i) with regard to the schedule for meals, breakfast is set at a time between 6:30 a.m. and 8:30 a.m., lunch is set at a time between 11:00 a.m. and 1:00 p.m., and dinner is set at a time between 4:00 p.m. and 7:00 p.m.;
(ii) with regard to the schedule for sleeping, at least eight consecutive hours are provided, which are set for a period of time between 9:00 p.m. and 8:00 a.m. the following day;
(iii) with regard to the schedule for exercise, exercise is set for a period of time between 6:00 a.m. and 7:00 p.m.;
(iv) the schedule for bathing is set for a period of time between 7:00 a.m. and 9:00 p.m.;
(v) the schedules for the correctional education is set for a period of time between 7:00 a.m. and 9:00 p.m.;
(vi) the schedule set aside for leisure is set for at least one hour a day.
(2) On the following days, the schedule set forth in item (vi) of the preceding paragraph is to be set as long as possible to the extent that it does not hinder adequate implementation of the correctional education:
(i) Sundays;
(ii) Saturdays, national holidays prescribed in the Act on National Holidays (Act No. 178 of 1948), January 2nd, January 3rd, and from December 29th to December 31st inclusive.
(Exceptions to the Daily Schedule Standards)
Article 24  When it is deemed especially necessary in light of details of the correctional education and support provided in each item of Article 44, paragraph (1) of the Act and other circumstances, the superintendent of the juvenile training school may determine the daily schedule of inmates without reliance on the standards provided for in the immediately preceding Article.
(Assistance for Leisure Activities)
Article 25  (1) Beyond what is provided in paragraph (3), the support under Article 37, paragraph (3) of the Act shall be provided by making plans for sporting events or other activities in which multiple inmates can participate, lending educational materials, exercise equipment, recreation goods, and other goods kept at the juvenile training school, and otherwise taking necessary and appropriate measures to carry out activities in the time set aside for leisure.
(2) In making plans in the preceding paragraph, the superintendent of the juvenile training school shall give consideration so that inmates may participate in activities in which their autonomy is respected corresponding to the improvement of the stage of treatment of inmates.
(3) With regard to the expenses required for studying and other activities that contribute the use of leisure time during the schedule set aside for leisure of inmates, if the superintendent of the juvenile training school deems it appropriate in the light of the content of those activities, all or part of the relevant expenses is borne by the national treasury.
(Arrangements with Commissioned Instructor)
Article 26  (1) Arrangements with the commissioned instructor under Article 40, paragraph (3) of the Act (meaning the commissioned instructor provided in paragraph (2) of the same Article; the same applies in item (iv)) are to be made regarding the items set out below:
(i) duration of out-of-school commissioned guidance received by inmates;
(ii) contents and hours of out-of-school commissioned guidance received by inmates;
(iii) measures necessary for ensuring the health and safety of inmates;
(iv) methods of guidance and supervision of inmates by the commissioned instructor;
(v) beyond what is provided for in each of the preceding items, necessary particulars for the provision of out-of-school commissioned guidance.
(2) The arrangements set forth in the preceding paragraph is to be mode in writing.
(Bereaved Family and Other Persons Specified by Ministry of Justice Order as provided for in Article 42, paragraph (1) of the Act)
Article 27  The bereaved family and other persons specified by Ministry of Justice Order as provided for in Article 42, paragraph (1) of the Act are those set out under the following items:
(i) spouse (including a person who has not yet registered the marriage but has a de facto relationship equivalent to a marital relationship; the same applies in Article 90, paragraph (1), item (i)), children, parents, grandparents, and siblings of the inmate;
(ii) person other than those set forth in the preceding item who was the custodian of the inmate when the inmate died;
(iii) for an inmate who has no person set forth in the preceding two items, a person designated by that inmate (only one person);
(iv) ambassador, minister, consul, or official in charge of a consular mission of a foreign country of which an inmate is a national.
(Payment of Death Allowance)
Article 28  (1) The death allowance set forth in Article 42, paragraph (1) of the Act is to be paid to any of the persons set forth in each item of the preceding Article who first applies for payment; provided, however, that if a notification under Article 144 of the Act is given to a person holding a higher rank in the order of priority as a bereaved family member pursuant to each item of Article 90, paragraph (1) (excluding cases where that person expresses an intention not to apply for payment of death allowance) and that person applies for the payment within a reasonable period of time, the allowance is paid to that person.
(2) Payment of a disability allowance under Article 42, paragraph (2) of the Act is to be made after the inmate's recovery without delay, and the payment of special allowance under Article 42, paragraph (3) of the Act is to be made upon the inmate's release.
(3) The amount of allowance to be paid pursuant to the provisions of Article 42, paragraphs (1) through (3) of the Act is the amount calculated in accordance with the standards provided for by the Minister of Justice.
Chapter VI Hygiene and Medical Care
(Days Specified by Ministry of Justice Order provided for in Article 49 of the Act)
Article 29  (1) The days specified by Ministry of Justice Order provided for in Article 49 of the Act are the days which are set out under the following items:
(i) the days set forth in Article 23, paragraph (2), item (ii);
(ii) the days on which exercise is conducted for roughly one hour or longer as part of the correctional education.
(2) An inmate is to be provided an opportunity to exercise for roughly one hour or longer a day; provided, however, this does not apply if the total of the hours during which the inmate is provided an opportunity to exercise, and the hours the inmate exercised as part of the correctional education amounts to roughly one hour or longer a day.
(Frequency of Bathing)
Article 30  (1) An inmate is to take a bath promptly after the admission to the juvenile training school, and after that, at a frequency of twice a week or more.
(2) Officials who are to be present when a female inmate bathes must also be female.
(Frequency of Haircuts and Shaving)
Article 31  (1) A male inmate is to have a haircut promptly after the admission to the juvenile training school, and after that, at a frequency of about once a month.
(2) A male inmate is to shave promptly after the admission to the juvenile training school, and after that, at a frequency of twice a week or more.
(3) A female inmate is to have a haircut and shave her face on an as-needed basis.
(4) Notwithstanding the provisions of the preceding three paragraphs, if an inmate does not want a haircut or to shave, and this is deemed reasonable in consideration of the religion of the inmate, culture and customs of the country of which the inmate is a national, time of release, and other circumstances, the inmate is permitted not to have a haircut or shave.
(5) The standards of hairstyles when inmates have a haircut, and the methods of haircuts, shaving, and face shaving are specified by the Minister of Justice.
(Particulars Regarding Medical Examinations)
Article 32  (1) The medical examination under the first sentence of Article 53, paragraph (1) of the Act is to provide for the following particulars; provided, however, that with regard to the particulars listed in item (i) and items (iii) (except for measurement of height and body weight) through (ix), the medical examination may be omitted if the doctor deems them unnecessary according to the standards specified by the Minister of Justice:
(i) examination of personal medical history, life history, the medical history of family members;
(ii) examination of subjective and objective symptoms;
(iii) measurement of height, body weight, eyesight and hearing ability;
(iv) measurement of blood pressure;
(v) measurement of urinary glucose and protein levels;
(vi) thoracic radiography check;
(vii) examination of hemoglobin content and the numbers of red blood cells;
(viii) blood glucose test;
(ix) examination of sexually transmitted disease.
(2) The medical examination under the second sentence of Article 53, paragraph (1) of the Act is to be performed, beyond the examination provided for in item (ii) of the preceding paragraph, as deemed necessary by the doctor.
(Rules to Be Observed by the Appointed Doctor)
Article 33  In permitting the medical treatment under Article 55, paragraph (1) of the Act (including the treatment to replenish nutrition; hereinafter in this Article and Article 74, paragraph (1) the same applies), the superintendent of the juvenile training school is to provide concrete instructions on the following particulars to the doctor or dentist who perform the medical treatment set forth in Article 55, paragraph (1) of the Act:
(i) the doctor or dentist must not enter any areas except for the place of medical treatment without just cause;
(ii) the doctor or dentist must not use any instrument, material, medicine, or any other articles for medical treatment except for the ones designated by the superintendent of the juvenile training school;
(iii) the doctor or dentist must not deliver to, or accept from, an inmate any money or goods;
(iv) the doctor or dentist must not have conversation with an inmate which obviously deviates from those which are required for medical treatment;
(v) beyond what is set forth in the preceding items, matters necessary for the maintenance of discipline and order in the juvenile training school.
(Method of Nursing)
Article 34  (1) In permitting an inmate to receive nursing under Article 56, paragraph (2) of the Act (hereinafter in this Article simply referred to as "nursing"), the superintendent of the juvenile training school is to determine rules to be observed by the inmate and any person who is going to nurse that inmate and notify them to the inmate, and give notice thereof to the person who is going to nurse that inmate.
(2) When the inmate who receives the nursing or the person who performs the nursing refuses to comply with instructions given by an official of the juvenile training school, or disobeys the rules to be observed as set forth pursuant to the provisions of the preceding paragraph, or it is otherwise inappropriate to continue the nursing, the superintendent of the juvenile training school may suspend the nursing.
(Measures Specified by Ministry of Justice Order provided for in Article 57 of the Act)
Article 35  The measures specified by Ministry of Justice Order provided for in Article 57 of the Act are such measures which are set out under the following items:
(i) disinfection or disposal of, or other measures to prevent growth or spread of pathogens in any food, drink, clothing, or other articles which were contaminated by, or may have been contaminated by pathogens of an infectious disease;
(ii) prohibition of the correctional education;
(iii) prohibition of bathing or haircuts.
Chapter VII Lending, Supplying and Purchasing of Goods
(Lending of Room Decorations)
Article 36  (1) Room decorations may be lent to an inmate only if this is deemed especially appropriate for the treatment of that inmate.
(2) Non-essential goods may be provided to inmates only when conducting special events as part of the treatment of inmates, and on national holidays prescribed in Article 2 of the Act on National Holidays, January 2nd, and January 3rd.
(3) Beyond what is provided for in the preceding two paragraphs, categories of goods that are lent or provided to inmate pursuant to the provisions of Article 60, paragraph (2) of the Act, and standards for lending or provision of the relevant goods are specified by the Minister of Justice.
(Use and Consumption of Purchased Goods)
Article 37  (1) With regard to the goods in each item of Article 61 of the Act (excluding the goods set forth in each item of Article 62, paragraph (1) of the Act; hereinafter the same applies in this Article), the superintendent of the juvenile training school may permit an inmate to use or consume purchased goods pursuant to the provision of this Article to the extent necessary.
(2) With regard to the goods listed in Article 61, item (i) of the Act, the superintendent of the juvenile training school is to permit an inmate to use purchased underwear (limited to those falling under the categories determined by the Minister of Justice) and socks, and may permit an inmate to use other purchased goods only if such use is found to be appropriate when: the inmate is escorted; the correctional education is provided at an appropriate place outside of the juvenile training school pursuant to the provisions of Article 39 of the Act; the superintendent has the inmate receive the out-of-school commissioned guidance; and the support set forth in Article 44, paragraph (1) of the Act is provided at an appropriate place outside of the juvenile training school pursuant to the provisions of paragraph (2) of the same Article.
(3) With regard to the goods listed in Article 61, items (ii) and (iv) of the Act, the superintendent of the juvenile training school may permit an inmate to consume purchased goods falling under the categories specified by the Minister of Justice only if such consumption is found to be appropriate when: the correctional education is provided at an appropriate place outside of the juvenile training school pursuant to the provisions of Article 39 of the Act; the superintendent has the inmate receive the out-of-school commissioned guidance; and the support set forth in Article 44, paragraph (1) of the Act is provided at an appropriate place outside of the juvenile training school pursuant to the provisions of paragraph (2) of the same Article; the superintendent permits a day leave or furlough pursuant to the provisions of Article 45, paragraph (1) of the Act, the superintendent permits the visit (including accommodated visit) pursuant to the provisions of Article 92, paragraph (1) or (2) of the Act; the superintendent permits the attendance or visit pursuant to the provisions of Article 110, paragraph (1) of the Act; or it is otherwise specified by the Minister of Justice.
(4) With regard to the goods set forth in Article 61, item (iii) of the Act, the superintendent of the juvenile training school may permit an inmate to use purchased goods falling under categories specified by the Minister of Justice only if it is deemed appropriate for the treatment of the inmate.
(5) With regard to the goods set forth in Article 61, item (v) of the Act, the superintendent of the juvenile training school may permit an inmate to use the following purchased goods (limited to those falling under the categories determined by the Minister of Justice).
(i) towels, tooth brushes, and other daily necessities;
(ii) school supplies and other goods that are used for intellectual and educational activities during leisure time;
(iii) gloves, masks, and other goods worn on the body (except clothing) that are required to be used in light of the state of health of the inmate and other circumstances.
(6) An inmate is not to be permitted to use or consume purchased goods that are set forth in each item of Article 61 of the Act if such use or consumption may cause hindrance to the maintenance of discipline and order or the management and administration of the juvenile training school, or if such use or consumption is prohibited pursuant to the provisions of Article 115, paragraph (1) of the Act. The same applies to cases where it is not appropriate to permit an inmate to use or consume the relevant articles in light of that individual's status as inmate.
(7) Beyond what is provided for in each of the preceding paragraphs, the standards for permitting an inmate to use or consume purchased goods pursuant to the provisions of Article 61 of the Act are determined by the Minister of Justice.
(Goods Specified by Ministry of Justice Order provided for in Article 62, paragraph (1), item (iv) of the Act)
Article 38  The goods specified by Ministry of Justice Order prescribed in Article 62, paragraph (1), item (iv) of the Act are such goods as set out in the following items:
(i) revenue stamps and seals;
(ii) wigs (may be used only when an inmate takes a day of leave or a furlough pursuant to the provisions of Article 45, paragraph (1) of the Act, or attends a funeral or visits the spouse or relatives pursuant to the provisions of Article 110, paragraph (1) of the Act, or the superintendent of the juvenile training school deems that permission of the use of wig is appropriate).
Chapter VIII Handling of Money and Goods
(Submission of Application Form for Delivery of Money and Goods)
Article 39  (1) The superintendent of the juvenile training school may request a person who intends to deliver money and goods to an inmate to submit an application form stating the following particulars or may ask about the following particulars:
(i) name, date of birth, address, telephone number, and occupation;
(ii) name of the inmate who is the recipient of the money and goods and the relationship to that inmate;
(iii) amount of money or the category and quantity of the goods to be delivered.
(2) The superintendent of the juvenile training school may request the person prescribed in the preceding paragraph to submit or present the document or other article which proves the particulars listed in items (i) and (ii) of the preceding paragraph.
(Goods Specified by Ministry of Justice Order provided for in Article 69, paragraph (2) of the Act)
Article 40  The goods specified by Ministry of Justice Order as those which are excluded from the goods retained for inmates provided for in Article 69, paragraph (2) of the Act are such articles as set out under the following items:
(i) records or other documents regarding cases pending before a court in which the inmate is a party, or copies of the relevant records or documents;
(ii) eyeglasses and other corrective instruments.
(Delivery of Retained Goods)
Article 41  An inmate is provided with an opportunity to make the request provided for in the main clause of Article 70, paragraph (1) and paragraph (3) of the Act promptly after the admission to the juvenile training school, and after that, at a frequency of once a week or more; provided, however, that if the goods requested is either of the goods set forth in each item of the immediately preceding Article, the superintendent of the juvenile training school must give the inmate that opportunity at a frequency of once a day. or more
(Method of Retention of Retained Goods Delivered)
Article 42  (1) The goods to be possessed by an inmate after taking a delivery pursuant to the provision of the main clause of Article 70, paragraph (1) of the Act are to be retained on a shelf, or in a container or other retention space in or outside of the inmate's room designated by the superintendent of the juvenile training school.
(2) When having an inmate retain the goods in a retention space outside of the inmate's room, the inmate must be provided an opportunity to put in or take out those goods from that space at a frequency of once a day or more; provided, however, that this does not apply if it is difficult to provide such opportunity for the inmate to access the retention space outside of the building in which the inmate's room is located on days set forth in each item of Article 23, paragraph (2) in light of the management and administration of the juvenile training school.
(3) Among the letters an inmate received, those that are to be retained by that inmate are to be regained on a shelf, or in a container or other retention space in the room designated by the superintendent of the juvenile training school.
(4) The restrictions on the volume of goods that can be possessed by an inmate and the number of letters that can be retained by an inmate under Article 70, paragraph (2) of the Act may be imposed on the goods other than those set forth in each item of Article 40 or the letters.
(Restrictions on Delivery of Money and Goods)
Article 43  The restrictions on the delivery of money and goods to an inmate and on the purchase of purchased goods and others (meaning the purchased goods and others provided for in Article 67, paragraph (1), item (i) of the Act; hereinafter the same applies in this Article) by an inmate under Article 73 of the Act may be implemented through the following restrictions:
(i) restrictions on particulars listed in sub-item (a) or (b) below:
(a) date and time in which a request for the delivery of money and goods to an inmate by outside suppliers and an application for the purchase of purchased goods and others by an inmate are submitted;
(b) volume by type of goods to be delivered to a single inmate by a single outside supplier within a certain period of time, and volume by type of purchased goods and others to be purchased by an inmate within a certain period of time.
(ii) as for type of goods which an outside supplier intends to deliver to an inmate or purchased goods and others an inmate intends to purchase that fall under the categories the superintendent of juvenile training school specifies, to restrict them to those purchased from the business entity designated by the superintendent of the juvenile training school.
(Delivery of Articles Left Behind by a Deceased Inmate)
Article 44  The provisions of Article 28, paragraph (1) apply mutatis mutandis to the delivery of articles left behind by a deceased inmate (meaning money and goods left at the juvenile training school; the same applies in Article 90, paragraph (1)).
Chapter IX Access to Books, etc.
(Charging of Expenses for Translation)
Article 45  Expenses for translations prescribed in Article 79, paragraph (3) of the Act may be charged to an inmate if it is considered to be reasonable to do so in light of the purpose of access to the book, etc. or that inmate's ability to pay; provided, however, that this does not apply where the inmate falls under any of the following items, except in extraordinary circumstances:
(i) an inmate does not have the ability to understand Japanese through reading;
(ii) an inmate can only access books, etc. written in Braille.
Chapter X Maintenance of Discipline and Order
(Guarding Equipment)
Article 46  The guarding equipment required for the measures prescribed in Article 86, paragraph (1) or paragraph (2) of the Act is to be such equipment as set out under the following items:
(i) sasumata (two-pronged tool for catching criminals);
(ii) shields;
(iii) tear-gas spray.
(Method of Use of Handcuffs)
Article 47  (1) The handcuffs which may be used for escorting an inmate are the Class 1 handcuffs specified in Appended Table, except where there is a risk that the inmate may carry out any of the act provided for in each item of Article 87, paragraph (1) of the Act.
(2) The forms of handcuffs are those provided for in Appended Table.
(Standards for the Structure of and Facilities of the Protection Room)
Article 48  The standards for the structure and facilities of the protection room are those set out under the following items:
(i) the room must have a structure and facilities which are designed so that the person who is confined in the protection room cannot easily suffer physical damage;
(ii) the room must have a structure and facilities which are not easily damaged or defaced;
(iii) the room must have a structure and facilities which have effective soundproofing;
(iv) the room must have a structure and facilities which do not prevent observation inside the room; and
(v) the room must have a structure and facilities allowing for appropriate ventilation, natural lighting, lighting, heat insulation, damp proofing, and drainage.
(Methods of Requesting the Assistance for Return)
Article 49  (1) The request for the assistance for return under the first sentence of Article 89, paragraph (2) or the first sentence of Article 90, paragraph (5) of the Act must be made in writing document stating the name, age, sex, and registered domicile (or nationality in the case of a foreign national) of the person to be returned, grounds for returning, and other matters necessary for the return.
(2) Notwithstanding the provisions of the preceding paragraph, the superintendent of the juvenile training school may request the assistance set forth in the same paragraph by telephone or other appropriate means if there is an urgent necessity. In this case, the superintendent of the juvenile training school must send the written document set forth in the same paragraph to the police as soon as possible.
(Sending of the Return Warrant to the Police)
Article 50  On having requested the assistance set forth in paragraph (1) of the immediately preceding Article and having been issued a return warrant, the superintendent of the juvenile training school must send it to the police; provided, however, that if it is not possible to send the return warrant, it suffices for the superintendent of the juvenile training school to inform the police that the return warrant has been issued.
Chapter XI Contact with the Persons Outside
(Reports on Visitors)
Article 51  (1) The superintendent of the juvenile training school may request an inmate to submit the particulars listed in the following items regarding persons who are expected to make a request for a visit to that inmate:
(i) name, date of birth, address, and occupation;
(ii) relationship with the inmate;
(iii) expected purpose of the visit;
(iv) other particulars the superintendent of the juvenile training school finds necessary.
(2) In the case provided in the preceding paragraph, the superintendent of the juvenile training school may, if deemed necessary, request the inmate to submit or present documents or other materials that prove the particulars listed in the items of the preceding paragraph.
(Submission of an Application Form for a Visit)
Article 52  (1) The superintendent of the juvenile training school may request a person who requests to visit an inmate to submit an application form stating the following particulars:
(i) name, date of birth, address, and occupation;
(ii) name of the inmate the visitor wishes to visit and the visitor's relationship with the inmate;
(iii) purpose of the visit.
(2) In the case prescribed in the preceding paragraph, the superintendent of the juvenile training school may, if deemed necessary, request the person who requests to visit the inmate to submit or present documents or other materials which prove the particulars listed in the items of the preceding paragraph.
(Visitor Confirmation)
Article 53  The superintendent of the juvenile training school may, upon receiving a request to visit an inmate, ask the inmate about the name of the person who made that request and the relationship with the inmate.
(Restriction on the Number of Visitors)
Article 54  If the number of visitors to an inmate (excluding the case of accommodated visit) is restricted pursuant to the provisions of Article 95, paragraph (1) of the Act, the number must not be less than three persons;
(Restrictions on the Visiting Site)
Article 55  The place for visiting an inmate is to be designated by the superintendent of the juvenile training school.
(Restrictions on Dates of Visits)
Article 56  (1) The superintendent of the juvenile training school is to specify the dates on which visits (excluding visits by attendants, etc. (meaning the attendants or the attorneys who intend to act as the attendants at the request of the inmate or custodian of that inmate; hereinafter the same applies) or defense counsels, etc. (meaning the defense counsels or the persons who intend to act as the defense counsels prescribed in Article 39, paragraph (1) of the Code of Criminal Procedure (Act No. 131 of 1948); hereinafter the same applies), and accommodated visits) are permitted at the juvenile training school (hereinafter in this Article and the immediately following Article referred to as the "visiting days").
(2) The number of days permitted as visiting days per month must not be less than the number of days calculated by subtracting the number of days set forth in each item of Article 23, paragraph (2) from the number of days in the month.
(3) The visiting days for each month is notified to inmates by one month prior to the first day of the month to which the relevant visiting days belong, as well as to be announced in a public notice by posting it in places which can be easily seen by people in the juvenile training school, or by any other means by one month prior to the first day of the month to which the visiting days belong.
(Restrictions on the Date and Time of Visits)
Article 57  If the date and time of a visits (except for accommodated visits) to an inmates are restricted pursuant to the provisions of Article 95, paragraph (1) of the Act, that time must not be shorter than 6 hours a day (or, if the days set forth in each item of Article 23, paragraph (2) are determined as the visiting days, 4 hours a day).
(Restrictions on the Duration of Visits)
Article 58  If the duration of a visit (except for an accommodated visit) to an inmate is restricted pursuant to the provisions of Article 95, paragraph (1) of the Act, that duration must not be shorter than 30 minutes; provided, however, that if there are compelling reasons in light of the circumstances under which the request for a visit is submitted, the number of rooms specified as visiting sites, or other reasons, the duration may be restricted to shorter than 30 minutes but not shorter than 10 minutes.
(Restrictions on the Frequency of Visits)
Article 59  The superintendent of the juvenile training school may restrict the frequency of visits under Article 95, paragraph (1) of the Act with regard to the visits other than the visits that are deemed especially necessary for the protection of the rights of defendants or suspects, or for the protection of rights such as for making arrangements for a lawsuit.
(Posting of the Rules to be Observed by Visitors)
Article 60  The superintendent of the juvenile training school is to concretely clarify and post the following particulars that must be observed by an inmate's visitors (excluding an inmate's attendant, etc. or defense counsel, etc.), in places which can be easily seen in the juvenile training school:
(i) visitors must not commit any of the acts falling under Article 94, paragraph (1), item (i), (a) or (b) of the Act;
(ii) visitors must not say anything falling under Article 94, paragraph (1), item (ii), (a) through (e)of the act.
(Method of Conducting Accommodated Visit)
Article 61  (1) If the superintendent of the juvenile training school allows an inmate's accommodated visit, the superintendent of the juvenile training school is to designate the date and time of the accommodated visit.
(2) If the superintendent of the juvenile training school allows an inmate's accommodated visit, the superintendent of the juvenile training school is to determine the rules to be observed by the inmate and visitors in connection with the accommodated visit, inform the inmate of them, and notify the visitors of the relevant accommodated visit of those rules.
(3) The superintendent of the juvenile training school may discontinue the relevant accommodated visit when the inmate who has been allowed the relevant accommodated visit and the visitors of the relevant accommodated visit do not follow the instructions of officials of the juvenile training school, do not observe the rules to be observed determined pursuant to the provisions of the immediately preceding paragraph, or it is otherwise deemed inappropriate to continue the relevant accommodated visit.
(Report on Other Parties of Letters)
Article 62  (1) The superintendent of the juvenile training school may request inmates to submit the particulars listed in the following items regarding persons to or from whom each of the inmates are expected to send or receive personal correspondence:
(i) name, date of birth, address, and occupation;
(ii) relationship with the inmate;
(iii) expected purpose of the letters to be sent or received;
(iv) other particulars the superintendent of the juvenile training school finds necessary.
(2) The provisions of Article 51, paragraph (2) apply mutatis mutandis to cases where reporting is requested pursuant to the preceding paragraph.
(Restrictions on the Manner of Preparing Letters)
Article 63  (1) Restrictions on the manner of preparing letters (excluding the documents to be submitted to the Committee, and the documents for requests under Article 120 of the Act and filing of complaints) to be sent by inmates pursuant to the provisions of Article 102, paragraph (1) of the Act may be imposed with regard to the following particulars (excluding the matters set forth in item (ii) for the letters to be sent to the attendant, etc. or defense counsel, etc.):
(i) the standards for sheets of paper and envelopes used for letters and the type of stationery used in preparing letters;
(ii) the number of sheets of paper used for one letter;
(iii) the number of characters written on a sheet of paper and other writing restrictions required to aid the smooth inspection of letters.
(2) If any restriction is imposed on the number of sheets of paper used in letters sent by an inmate, the number of sheets of paper must not be less than 5.
(3) If any restriction is imposed on the number of characters per a sheet of paper used in letters sent by an inmate, that number of characters must not be less than 400.
(Restrictions on Dates and Hours for Requesting to Send Letters)
Article 64  The superintendent of the juvenile training school, even when imposing restrictions on the dates and hours in which an inmate may request to send letters pursuant to the provisions of Article 102, paragraph (1) of the Act, must accept a request to send a letter if there is an urgent necessity to send one.
(Restrictions on the Number of Letters Requested to be Sent)
Article 65  The restrictions on the number of letters an inmate may request to send under Article 102, paragraph (1) of the Act may be imposed on letters other than those set forth in the following items:
(i) letters submitted to the Committee;
(ii) documents for requests under Article 120 of the Act and filing of complaints.
(Restrictions on the Procedures for Sending or Receiving Letters)
Article 66  (1) The restrictions on the procedures for inmates sending letters under Article 102, paragraph (1) of the Act may be imposed by restricting them to the methods set forth in the following items:
(i) by postal mail (excluding special mail prescribed in Article 44 of the Postal Act (Act No. 165 of 1947) (excluding express mail and New Year's greetings mail)); or
(ii) by telegram (only limited to cases where there is an urgent need, or when sending a letter to an inmate's attendant, etc. or defense council, etc.).
(2) The restrictions on the procedures for inmates receiving letters under Article 102, paragraph (1) of the Act may be imposed by restricting them to the methods set forth in the following items:
(i) by postal mail or correspondence delivery prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) performed by a general correspondence delivery operator prescribed in paragraph (6) of Article 2 of the same Act or a specified letter delivery operator prescribed in paragraph (9) of the same Article;
(ii) by telegram.
(Handling of Letters Addressed to Multiple Inmates, etc.)
Article 67  (1) Letters addressed to multiple inmates and which are permitted to be received by inmates are to be delivered to one of the addressees.
(2) Among the letters that are addressed to an inmate and are permitted to be received by the inmate, if such letters as those that has its contents written on goods other than paper; has any device which produces sound that attached to it; or has a property of things other than paper, are decided not to be delivered to the inmate pursuant to the provisions of the main clause of Article 70, paragraph (1) of the Act, the inmate is to be made to know of the contents of those letters (excluding the parts that should be removed or erased pursuant to the provisions of Article 101 of the Act) through presentation of the goods or by some other method, except for cases where the inmate is prohibited to receive the letters or delivery of the letters is suspended pursuant to the provisions of Article 100, Article 101 or Article 109, paragraph (3) of the Act.
(Delivery of Prohibited Letters of Deceased Persons)
Article 68  The provisions of Article 28, paragraph (1) applies mutatis mutandis to all or part, or copies of the letters retained pursuant to the provisions of Article 104, paragraph (1) or paragraph (2) of the Act (hereinafter in Article 90, paragraph (1) referred to as "prohibited letters") which are to be delivered pursuant to the provisions of Article 104, paragraph (4) of the Act.
(Inmates Specified by Ministry of Justice Order provided for in Article 108 of the Act)
Article 69  The persons specified by Ministry of Justice Order provided for in Article 108 of the Act are those who are set forth in the following items:
(i) organs or officials of the national or local government conducting an inquiry into the measures taken by the superintendent of the juvenile training school toward the inmate, or any other treatment the inmate received;
(ii) attorneys (including legal professional corporations) performing the duty prescribed in Article 3, paragraph (1) of the Attorney Act (Act No. 205 of 1949) with regard to the measures taken by the superintendent of the juvenile training school toward the inmate, or any other treatment the inmate received.
(iii) Committee.
(Charging of Translation Expenses)
Article 70  The expenses of interpretation or translation provided in the second sentence of Article 109, paragraph (1) or the second sentence of paragraph (2) of the Act may be charged to the inmate only when there are special circumstances that charging to the inmate is deemed appropriate in light of the purpose of visits, etc. (meaning visits or correspondence under Article 106, paragraph (1) of the Act; the same applies in item (ii), (a)) or the purpose of sending or receiving letters and the inmate's ability to pay, except for the cases set forth in the following items:
(i) when the inmate is visited by the ambassador, minister, consul, or other person who performs consulate activities of the foreign country of which the inmate is a national, or sends letters to or receives letters from that person; or
(ii) when the inmate is unable to pay the expenses in such situations as set forth in the following sub-items:
(a) the inmate is visited by persons set forth in each item of Article 92, paragraph (1) of the Act;
(b) when the inmate sends or receives letters set forth in the following sub-items:
1. letters sent to or received from custodians, etc. of the inmate;
2. letters sent or received in order to carry out a business that is significantly important for the status, legal situation, education or occupation of the inmate, such as the reconciliation of marital relations, pursuance of lawsuit or preparation for school or employment;
3. letters sent to or received from a person relating to the rehabilitation of the inmate after release and other letters sent or received which are deemed instrumental to the improvement and rehabilitation of the inmate.
Chapter XII Rewards and Disciplinary Actions
(Granting of Rewards)
Article 71  The rewards which may be granted by the superintendent of the juvenile training school pursuant to the provisions of Article 112 of the Act are: words of praise; reward certificate or reward articles equivalent to 10,000 yen or less.
(Method of Confinement)
Article 72  (1) The room of an inmate who is subjected to confinement is a single room; provided, however, that this does not apply to cases where the superintendent of the juvenile training school deems that there is no risk of causing hindrance to subjecting the inmate to confinement.
(2) The superintendent of the juvenile training school may, beyond what is provided for in the act, within the limit necessary for the purpose of the confinement, impose restrictions on the life and behavior of an inmate who is subjected to confinement.
(Granting of Opportunities to Exercise)
Article 73  An inmate who is subjected to confinement must be granted the opportunity to exercise at least twice a week.
(Method of Taking the Measures set forth in Article 117, paragraph (4) of the Act)
Article 74  (1) On taking the measures set forth in Article 117, paragraph (4) of the Act against an inmate, the superintendent of the juvenile training school is to treat the inmate at the inmate's room day and night, except for exercise, bathing, health examination, medical care, visit or hearing on the circumstances involving the disciplinary offense, or other treatment that is difficult to perform in the room; provided, however, that this does not apply if there is no risk of hindering the conduction of the investigation set forth in paragraph (1) of the same Article.
(2) The room of an inmate who is subject to the measures set forth in Article 117, paragraph (4) of the Act is a single room; provided, however, that this does not apply if there is no risk of hindering the conduction of the investigation set forth in paragraph (1) of the same Article.
(Means of Explanation)
Article 75  The explanation under Article 118 of the Act is to be provided verbally by appearing before the officials who will hear the explanation; provided, however, that in lieu of appearing before the officials and providing explanations verbally, the inmate may submit a written document stating the inmate's explanation, or may provide an explanation through having the officials assisting the inmate take written record of the inmate's explanation.
Chapter XIII Filing of Relief
(Information Required in a Written Request)
Article 76  (1) The following particulars must be stated in the written request as set forth in Article 120 of the Act:
(i) name and date of birth of a person who files a request;
(ii) name of the juvenile training school in which the person who files a request is committed;
(iii) name of the juvenile training school in which the treatment to which the request pertains took place;
(iv) details of the treatment to which the request pertains;
(v) reasons for request;
(vi) date of request.
(2) In order to receive the notification under Article 127 of the Act (hereinafter referred to as "notice of results of the process") after the release, an inmate who files a request under Article 120 of the Act must notify the Minister of Justice of the place in which that inmate wishes to receive the notice of results of the process after release by including the description to that effect in the written request set forth in Article 120 of the Act, or by the methods otherwise specified by the Minister of Justice.
Article 77  (1) The following particulars must be stated in the written request set forth in Article 121, paragraph (1) of the Act:
(i) the particulars listed in items (i) and (iii) through (vi) of paragraph (1) of the immediately preceding Article;
(ii) address or residence of a person who files a request;
(iii) date on which a person who files a request has been released from the juvenile training school.
(2) When a person who files a request under Article 121, paragraph (1) of the Act wishes to receive the notice of results of the process at any place other than the address or residence set forth in item (ii) of the preceding paragraph, the person is to notify the Minister of Justice of that place in writing.
(3) For the purpose of calculating the request period under Article 121, paragraph (1) of the Act when the written request set forth in Article 121, paragraph (1) of the Act is submitted by the postal mail or correspondence delivery prescribed in the paragraph (2) of the Article 2 of the Act on Correspondence Delivery by Private Business Operators, performed by a general correspondence delivery operator specified in Article 2, paragraph (6) of the Act or a specified letter delivery operator specified in paragraph (9) of the same Article, the number of days required for delivery is not included.
Article 78  deleted
(Correction of Defects)
Article 79  When the Minister of Justice finds that there are defects in the information stated in the documents set forth in Article 120 or Article 121,paragraph(1) of the Act of the written request, the Minister of Justice may request that those defects be corrected within a reasonable period of time.
(Suspension of the Measures Taken by the Superintendent of a Juvenile Training School by the Minister of Justice)
Article 80  If the content of the request for relief pertains to the measures taken by the superintendent of the juvenile training school against a person who files the request as set forth in each item of Article 126, paragraph (1) of the Act and the Minister of Justice finds it necessary, the Minister of Justice may suspend those measures.
(Notice of Results of the Process)
Article 81  (1) The Minister of Justice is to give notice of results of the process to an inmate by sending a document stating results of the process under Article 125 of the Act (including the measures of the Minister of Justice under Article 126, paragraph (1) of the Act; hereinafter in the following paragraph and paragraph (2) of the immediately following Article referred to as "results of the process"), and having the superintendent of the juvenile training school deliver the document to the person who has filed the request for relief; provided, however, that if the content of the request for relief pertains to any issue other than the measures of the superintendent of the juvenile training school against the person who has filed the request as listed in each item of Article 26, paragraph (1) of the Act or the act of the officials of the juvenile training school as listed in Article 121, paragraph (1), items (v) through (vii) of the Act, the Minister of Justice may have the superintendent of the juvenile training school or an official of the juvenile training school designated by the superintendent notify results of the process verbally.
(2) Notice of results of the process to a person who has been released is to be given by sending a document stating results of the process to the place notified by that person pursuant to the provisions of Article 76, paragraph (2) or Article 77, paragraph (2), or the address or residence set forth in paragraph (1), item (ii) of the same Article.
(Notice to Custodians, etc.)
Article 82  (1) When an inmate files a request for relief, the superintendent of the juvenile training school is to promptly notify that inmate's custodians, or other persons deemed appropriate to that effect.
(2) When notice of results of the process is given to the inmate, and the person who has been given the notice under the preceding paragraph asks the superintendent of the juvenile training school to give notice of results of the process, the superintendent of the juvenile training school is to notify that person of the results of the process; provided, however, that this does not apply if the inmate does not give consent or has been released.
(Application Mutatis Mutandis)
Article 83  The provisions of the immediately preceding Article apply mutatis mutandis if an inmate files a request for complaint with inspectors.
Chapter XIV Provisional Commitment
(Person Provisionally Committed).
Article 84  The provisions of this Regulation that relate to inmates apply mutatis mutandis to persons who are provisionally committed to the juvenile training school pursuant to the provisions of Article 133, paragraph (1) or (2) of the Act, Article 17-4, paragraph (1) or Article 27-2, paragraph (5) of the Juvenile Act (Act No. 168 of 1948) or Article 123 of the Juvenile Classification Home Act (Act No. 59 of 2014), as long as the provisions are not inconsistent with the nature thereof.
Chapter XV Transfer
(Hearing of Family Court Opinions)
Article 85  If the superintendent of the juvenile training school finds it necessary to commit an adjudicated inmate to the juvenile training school of a type that is different from the type of the juvenile training school designated by the family court for effective provision of correctional education or other reasons, the superintendent of the juvenile training school is to beforehand hear opinions of the family court that has designated the type of the juvenile training school; provided, however, that this does not apply to the case of designation exclusively due to medical reasons.
(Transfer Notice to the Family Court)
Article 86  When the superintendent of the juvenile training school has transferred the adjudicated inmate to a juvenile training school other than that juvenile training school, the superintendent of the juvenile training school must give the family court that has referred that inmate notice to that effect.
Chapter XVI Continuation of Commitment
(Methods of Application for Continuation of Commitment)
Article 87  (1) The application set forth in Article 138, paragraph (1) of the Act or Article 139, paragraph (1) of the Act must be in writing.
(2) The following particulars must be stated in the document set forth in the preceding paragraph:
(i) name, date of birth, registered domicile, and residence of an adjudicated inmate;
(ii) name, age, and residence of the custodian;
(iii) name of the family court that has referred the adjudicated inmate and date of decision of disposition for rehabilitation of the adjudicated delinquent;
(iv) to the effect that the adjudicated inmate falls under any of the persons as set forth in each item of Article 138, paragraph (1) or each item of Article 139, paragraph (1) of the Act;
(v) dates of the days specified in each item of Article 138, paragraph (1) or each item of Article 139, paragraph (1) of the Act;
(vi) reasons for application;
(vii) required period of commitment;
(viii) other referential matters.
(Notification of Application for Continuation of Commitment)
Article 88  On filing the application set forth in paragraph (1) of the immediately preceding Article, the superintendent of the juvenile training school must notify the adjudicated inmate to whom the application pertains to that effect.
Chapter XVII Release
(Notification of Date and Time of Release)
Article 89  When the superintendent of the juvenile training school releases an inmate, and the release falls under the cases set forth in Article 171, item (i) or item (ii) of the Act on Penal Detention Facilities and the Treatment of Inmates and Detainees (Act No. 50 of 2005) which are applied mutatis mutandis pursuant to Article 140, item (i), or item (ii) of the Act or Article 141, paragraph (2) of the Act, the superintendent of the juvenile training school is to notify the custodians and other persons that the superintendent of the juvenile training school finds appropriate the date and time of release reasonable and other necessary matters in advance.
Chapter XVIII Death
(Notification of Death)
Article 90  (1) Notification under Article 144 of the Act is to be given to a person who holds the highest rank according to the order as prescribed below; provided, however, that if there is any article left behind to be delivered, or compensation for death to be paid, or prohibited letters, etc., and the person who received that notification expressed their intention not to apply for delivery or payment of the relevant articles or money, the notification is to be also given, according to the order below, to the person who holds the highest rank among the persons who hold the same or lower rank than the first person:
(i) spouse;
(ii) child;
(iii) parent;
(iv) grandparent;
(v) sibling;
(vi) person set forth in Article 27, item (ii);
(vii) person set forth in Article 27, item (iii);
(viii) person set forth in Article 27, item (iv).
(2) If an inmate set forth in each of the following items dies, the superintendent of the juvenile training school must give the person listed in those items notice thereof, even if notification under Article 144 of the Act is not necessary according to the preceding paragraph.
(i) inmate with custodian: person who was that inmate's custodian when the inmate died;
(ii) inmate of foreign nationality: person set forth in Article 27, item (iv).
(Postmortem Examination)
Article 91  (1) When an inmate dies, the superintendent of the juvenile training school is to carry out a postmortem examination on the corpse.
(2) If it is deemed as a result of the postmortem examination provided for in the preceding paragraph that the inmate has died an unnatural death, or it is suspected that the inmate has died an unnatural death, the superintendent of the juvenile training school must report this to the public prosecutor and the judicial police officer who is a police officer.
(Burial of Corpses)
Article 92  (1) When the superintendent of the juvenile training school buries the corpse of an inmate, the corpse is to be buried in a grave in the graveyard managed or used by the superintendent of the juvenile training school.
(2) When the superintendent of the juvenile training school cremates the corpse of an inmate, residual bones are to be buried or stored in a grave or charnel house in the graveyard managed or used by the superintendent of the juvenile training school.
Supplementary Provisions
Extract
|Type||Structure|Quality of Materials|
|Handcuffs|Class I|Two bracelets capable of being opened and shut shall be connected with a chain.|Iron or other material having strength equal to or stronger than that of iron.|
|Each bracelet shall be capable of being stopped with a skid and being locked.|A string attached to the handcuffs shall be made of chemical fiber,and flexible yet solid steel wire rope is used as the core part of the rope.|
|The diameter of the string attached to the handcuffs is approximately 6 mm and the length is approximately 6 m.||
|One end of the rope is looped back at approximately 12 cm from the end and fixed at this point, so that a loop-like part is created.||
|The shape of the handcuffs shall be as shown in Fig. 1.||
|Class II|Two bracelets capable of being opened and shut shall be connected with a connecting board.|On the surface of the bracelets and connecting board, fabric made of chemical fiber shall be used, and on the inside of the bracelets, felt shall be used.|
|The connecting board shall have a trapezoid shape whose height is about 80 mm, whose upper side is 15 to 160 mm, and whose lower side is 80 to 210 mm.|For the interlining of the connecting board, iron or other material having strength equal to or stronger than that of iron shall be used.|
|Each bracelet shall be provided with one locking device.|Locking device of the bracelets shall be made from iron or a material having strength equal to or stronger than that of iron.|
|The shape of the handcuffs shall be as shown in Fig. 2.||