Article 1This ordinance provides for the particulars mandated by the provisions of the Act on Penal Detention Facilities and Treatment of Inmates and Detainees (Act No. 50 of 2005, hereinafter referred to as the "Act") and other necessary particulars concerning enforcement of the Act, regarding penal institutions and the treatment of inmates.

Article 2The name of the Penal Institution Visiting Committee (hereinafter referred to as a "Committee") shall be the combination of the name of the penal institution in which the Committee is established followed by the term "Visiting Committee".

Article 3(1)The Committee shall have a chairperson, who shall be elected from among the Committee members.

(2)The chairperson shall preside over the affairs of the Committee.

(3)The member who is designated by the chairperson in advance shall act as a proxy in handling the chairperson's duties in the event that said chairperson becomes unable to attend to them.

Article 4(1)The Committee meetings are to be convened by the chairperson.

(2)The Committee shall not convene a meeting or make any resolution without the presence of more than half of all Committee members.

(3)In addition to what is provided for in the preceding two paragraphs, necessary particulars on the Committee proceedings shall be determined by the Committee.

Article 5The general affairs of the Committee shall be handled by the general affairs section of the general affairs division of the penal institution.

Article 6(1)The warden of the penal institution shall submit papers at the first Committee meeting in each fiscal year, which provide information necessary for the Committee to understand the state of administration of said penal institution with regard to the following penal institution particulars:

(2)In the following cases, the warden of the penal institution shall submit documents at a Committee meeting providing information necessary to understand the status of the penal institution:

Article 6-2The warden of the penal institution shall, insofar as possible, make efforts to take necessary measures to reflect the opinions of the Committee into the administration of said penal institution.

Article 7Prison officers shall be designated by staff members of the penal institution to whom the Public Security Service (I) Salary Schedule in Appended Table No.4 (a) of the Regular Service Remuneration Act (Act No. 95 of 1950) applies.

Article 8The ranks of prison officers shall be Correctional Superintendent Supervisors, Correctional Superintendents, Vice-correctional Superintendents, Captains, Assistant Captains, Senior Prison Officers, and Junior Prison Officers.

Article 9(1)When notification is made pursuant to the provision of Article 33 of the Act, the outline of the particulars set forth in item (vi) and items (viii) through (xi) of paragraph (1) of Article 33 of the Act shall be explained verbally by a staff member of the penal institution.

(2)The documents prescribed in paragraph (2) of Article 33 of the Act shall be made available in an inmate's room (i.e. a room the warden of the penal institution assigns as those used by inmates mainly for the purpose of rest and sleep; the same shall apply hereinafter).

(3)If there is any change in the notified content after notification was made pursuant to the provision of Article 33 of the Act, the warden of the penal institution must give notification of said changed content to the inmates in writing every time such change occurs. In such a case, the provisions of the preceding two paragraphs shall apply mutatis mutandis.

Article 10The examination pursuant to the provision of the paragraph (1) of Article 34 of the Act shall be implemented by carrying out the following:

Article 11Cases specified by a Ministry of Justice Ordinance as set forth in paragraph (1) of Article 35 of the Act shall be as follows:

Article 12(1)The schedule set forth in the paragraph (1) of Article 38 of the Act shall be determined in accordance with the following standards with regard to the schedules prescribed in the following items. In addition, the schedule of roll calling for the purpose of confirming the physical presence of an inmate in their room shall also be determined:

(2)The schedule set forth in the paragraph (2) of Article 38 of the Act shall be determined in accordance with the following standards:

(3)If it is necessary due to the nature of work, delivery dates for products produced through manufacturing work, or any other reasonable circumstances in which a sentenced person is involved, the schedule set forth in the items of Article 38 of the Act may be set without following with the standards listed in items of the preceding two paragraphs.

Article 13(1)Assistance pursuant to the provision of paragraph 2 of Article 39 of the Act shall be provided, in addition to the measures prescribed in the following paragraph, through the planning of activities which can be participated in by multiple inmates such as sporting events, and through the lending of books, etc., exercise equipment, goods for recreation, and other goods available at the penal facility in question, and through other measures which are necessary and appropriate in order for inmates to carry out activities during Leisure Time, etc. (for sentenced persons, "Leisure Time, etc." means the period of time set aside for leisure; and for other inmates, it means any period of time which is not those for meals, sleeping, and other routine activities; the same shall apply hereinafter).

(2)With regard to the expenses required for educational activities undertaken by a sentenced person during Leisure Time, if the warden of the penal institution deems it appropriate in the light of the content of said activity, then all or part of said expenses shall be borne by the national treasury.

Article 14(1)Room decorations shall be lent to inmates as privilege measures pursuant to the provision of Article 89 of the Act (hereinafter referred to as "Privilege Measures"), and may be lent to inmates on other occasions only if this is deemed specifically appropriate in terms of treatment of the inmate.

(2)Sweets and favorite articles shall be provided to inmates as Privilege Measures and may be provided only for special events as part of the treatment of a sentenced person and on national holidays prescribed in the Act on National Holidays (Act No.178 of 1948), January 2nd, and January 3rd.

(3)In addition to what is provided for in the preceding two paragraphs, categories of articles lent or provided to an inmate pursuant to paragraph (2) of Article 40 of the Act and standards for the lending or provision of said articles shall be determined by the Minister of Justice.

Article 15(1)With regard to the articles listed in the items under paragraph (1) of Article 41 of the Act (except the articles listed in the items under paragraph (1) of Article 42 of the Act; hereinafter the same shall apply in this Article and the following Article), a sentenced person may be permitted to use or consume self-supplied articles pursuant to the provision of the Article 41 of the Act within the limit of necessary amount.

(2)With regard to the articles set forth in item (i) of paragraph (1) of Article 41 of the Act, a sentenced person shall be permitted to use self-supplied underwear (limited to those which that fall under categories determined by the Minister of Justice) and socks, and shall be permitted to use self-supplied nightwear as Privilege Measures, and other self-supplied articles may be permitted for use only if such use is determined to be appropriate when the sentenced person is escorted or assigned to outside work with commute travels (i.e. work pursuant to the provision of paragraph (1) of Article 96 of the Act; the same shall apply hereinafter).

(3)With regard to the articles set forth in item (ii) and item (iv) of paragraph (1) of Article 41 of the Act, among the articles that fall under categories determined by the Minister of Justice, a sentenced person shall be permitted to consume self-supplied articles as Privilege Measures and a sentenced person may be permitted to consume self-supplied articles in cases where the sentenced person is assigned to outside work with commute travels, or the sentenced person is permitted to take a day of leave or furlough pursuant to the provision of paragraph (1) of Article 106 of the Act, or it is determined by the Minister of Justice, and only if it is deemed appropriate.

(4)With regard to the articles set forth in item (iii) of paragraph (1) of Article 41 of the Act, among the articles that fall under categories determined by the Minister of Justice, a sentenced person shall be permitted to consume self-supplied articles as Privilege Measures, and a sentenced person may consume self-supplied articles only if it is deemed appropriate in terms of treatment of the sentenced person.

(5)With regard to the goods set forth in item (v) of paragraph (1) of Article 41 of the Act, a sentenced person shall be permitted to use self-supplied sandals, cushions, and articles used for the purpose of recreational activity during Leisure Time (limited to the articles that fall under categories determined by the Minister of Justice) as Privilege Measures, and a sentenced person may use self-supplied articles listed in the following items (limited to the articles that fall under categories determined by the Minister of Justice):

(6)A sentenced person shall not be permitted to use or consume self-supplied articles that are set forth in the items under paragraph (1) of Article 41 of the Act if such use or consumption may cause hindrance to either maintaining discipline and order or the management and administration of the penal institution, or if such use or consumption becomes prohibited according to the provisions of Section 12, Chapter II, PART II of the Act. The same shall apply to cases where it is not appropriate to permit a sentenced person to use or consume said articles in light of said individual's status as sentenced person.

(7)In addition to what is provided for in each of the preceding paragraphs, the standards for permitting a sentenced person to use or consume a self-supplied article pursuant to the provision of paragraph (1) of Article 41 of the Act shall be determined by the Minister of Justice.

Article 16(1)With regard to the articles listed in the items under paragraph (1) of Article 41 of the Act and bedding, an inmate other than a sentenced person shall be permitted to use or consume self-supplied articles to the extent necessary pursuant to the provision of this Article.

(2)With regard to the articles listed in item (iii) of paragraph (1) of Article 41 of the Act, an inmate other than a sentenced person shall be permitted to use self-supplied articles that fall under the categories determined by the Minister of Justice.

(3)With regard to the articles listed in item (iv) of paragraph (1) of Article 41 of the Act, an inmate other than a sentenced person shall be permitted to use self-supplied articles except cigarettes.

(4)With regard to the articles listed in item (v) of paragraph (1) of Article 41 of the Act (limited to the articles that fall under the categories determined by the Minister of Justice), an inmate other than a sentenced person shall be permitted to use or consume the following self-supplied articles:

Article 17The articles specified by a Ministry of Justice Ordinance as set forth in item (v) of paragraph (1) of Article 42 of the Act shall be such articles as are set out in the following items:

Article 18(1)The warden of the penal institution may request a person who intends to deliver cash or articles to an inmate to submit a written request describing the following particulars, or may ask for the following particulars:

(2)The warden of the penal institution 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.

Article 19(1)The inmate's self-retained article prescribed in paragraph (1) of Article 48 of the Act (hereinafter referred to as "Self-Retained Article" in this Article and the following Article) shall be retained on a shelf, in a container or in other retention space inside or outside the inmate's room.

(2)If an inmate is ordered to retain the Inmate's Self-Retained Article in a retention space outside the inmate's room, the inmate must be provided the opportunity to put in or take out said Inmate's Self-Retained Article from the space at least once per day; provided, however, that this shall not apply in cases where it is difficult to provide such opportunity for the inmate to access the retention space outside the building in which the inmate's room is located on days such as those set out under the following items in light of the appropriate management and administration of the penal institution:

Article 20The articles specified by a Ministry of Justice Ordinance as those which are excluded from Self-Retained Articles and articles retained for inmates set forth in paragraph (2) of Article 48 of the Act shall be those as set out under the following items:

Article 21Restrictions on the delivery of cash or articles to an inmate by outside suppliers, and on the purchase of self-supplied articles, etc. by an inmate pursuant to the provision of Article 51 of the Act may be implemented through the following restrictions:

Article 22The relatives of the deceased and other persons specified by a Ministry of Justice Ordinance as set forth in the paragraph (1) of Article 55 of the Act shall be persons such as those set out under the following items:

Article 23Property left by a deceased inmate (i.e. cash and articles left at the penal institution. The same shall apply hereinafter) shall be delivered to the person who first claims delivery of said property from among the persons listed in the items of the preceding Article.However, if a notification is given pursuant to the provision of Article 176 of the Act to a person holding a higher rank in the order of priority as a surviving family member pursuant to the items of paragraph (1) of Article 92 of the Act (excluding cases where said person expresses the intention not to claim the delivery of said property) and the person of the higher rank claims delivery of the property within a reasonable period of time, the property shall be delivered to that person.

Article 24(1)The days specified by the Ministry of Justice Ordinance as set forth in Article 57 of the Act shall be the days which are set out under the following items:

(2)An inmate shall be provided with at least 30 minutes of time, and the longest amount of time possible per day, for the opportunity to exercise.

Article 25(1)An inmate shall be provided with the opportunity to take a bath promptly after the commencement of the inmate's commitment to a penal institution, and after that, at a frequency of twice a week or more (an inmate undertaking disciplinary confinement (i.e. the punishment prescribed in item (vi) of paragraph (1) of Article 151 of the Act. The same shall apply hereinafter) shall be given an opportunity to take a bath at a frequency of once a week or more).

(2)Staff members who are to be present when a female inmate bathes must also be female.

Article 26(1)A male sentenced person is to be allowed the opportunity to have a haircut promptly after the commencement of the execution of sentence, and after that, at a frequency of about once a month in general.

(2)A male sentenced person is to be allowed the opportunity to shave his facial hair promptly after the commencement of the execution of sentence, and after that, at a frequency of twice a week or more (for an inmate serving a disciplinary confinement, at a frequency of once a week or more).

(3)A female sentenced person is to be allowed the opportunity to shave her face and have a haircut on an as-needed basis.

(4)Notwithstanding the provisions of the preceding three paragraphs, if a sentenced person does not want haircut or to shave and this is deemed reasonable in consideration of the religion of the sentenced person, culture and customs of the country of which the sentenced person is a national, time of release, and other circumstances, the sentenced person is allowed not to have a haircut or to shave.

(5)The standards for hairstyles in cases where a sentenced person is to have a haircut shall be determined by the Minister of Justice.

Article 27(1)A male inmate other than a sentenced person is generally permitted to have a haircut once every two months or more frequently.

(2)A female inmate other than a sentenced person is generally permitted to have a haircut once every three months or more frequently.

(3)A male inmate other than a sentenced person shall be permitted to shave his facial hair at twice a week or more frequently (for an inmate undertaking disciplinary confinement, once a week or more frequently).

(4)A female inmate other than a sentenced person is permitted to shave her face at the once a month or more frequently.

(5)The standards for hairstyles (except for self-supplied haircuts) in cases where an inmate other than a sentence person has a haircut shall be determined by the Minister of Justice.

Article 28Standards for the method of haircuts and shaving of facial hair in cases where inmates have a haircut and when they shave shall be determined by the Minister of Justice.

Article 29(1)The medical examination pursuant to the provision of the first part of paragraph (1) of Article 61 of the Act shall provide for the following particulars.However, the medical examination of item (i), (iii) (except for body weight), and items (v) through (xi) may be omitted if the doctor deems them unnecessary according to the standards determined by the Minister of Justice:

(2)The medical examination pursuant to the provision of the latter part in paragraph (1) of Article 61 of the Act shall be performed, in addition to the examination provided for in item (ii) of the preceding paragraph, as deemed necessary by the doctor.

Article 30In cases where an inmate is permitted to receive medical treatment pursuant to the provision of paragraph (1) of Article 63 of the Act (including treatment for nutritional support, the same shall apply hereinafter), the warden of the penal institution shall give specific instruction regarding the following particulars to the doctor or dentist who is going to perform the medical treatment prescribed in said paragraph:

Article 31The measures specified by a Ministry of Justice Ordinance as set forth in Article 64 of the Act shall be such measures which are set out under the following items:

Article 32(1)At the penal institution designated by the Minister of Justice, the warden of the penal institution shall permit an inmate to retain self-supplied non-prescription medicine for the inmate's personal use within the limit necessary, as long as said medicine is non-prescription medicine prescribed in item (i) of Article 25 of the Pharmaceutical Affairs Act (Act No. 145 of 1960)(which shall be limited to those determined by the Minister of Justice), there is a possibility that the use of the medicine is required in the light of physical condition of the inmate, and there is little possibility that the use of the medicine will cause harm to the health of the inmate, except where there is a risk of causing a hindrance to either the maintenance of discipline and order or the management and administration of the penal institution.

(2)The non-prescription medicine retained by an inmate pursuant to the preceding paragraph shall be retained on a shelf, in a container, or in other retention space inside or outside the inmate's room, designated by the warden of the penal institution, as long as the retention location does not unreasonably prevent the use of said medicine when required.

Article 33Expenses for translations prescribed in paragraph (2) of Article 70 of the Act may be charged to the inmate if it is considered to be reasonable to do so in light of the purpose of access to the book, etc. or the inmate's ability to pay; provided, however, that this shall not apply where the inmate falls under any of the following items except in extraordinary circumstances:

Article 34(1)Restrictions on newspapers that may be acquired by an inmate pursuant to the provision of Article 71 of the Act may be implemented by limiting the number to one or more newspapers selected by an inmate from the two or more newspapers designated by the warden of the penal institution which are classed as daily newspapers that report general information about current affairs. The same shall apply to daily newspapers other than those which report general information about current affairs.

(2)Restrictions on acquisition procedures for newspapers that may be acquired by an inmate pursuant to the provision of Article 71 of the Act may be performed by limiting them to subscription of a daily newspaper for at least one month from the business entity designated by the warden of the penal institution.

Article 35Cases specified by a Ministry of Justice Ordinance as set forth in paragraph (1) of Article 76 of the Act shall be the cases listed in the items of Article 11 of the Act.

Article 36The guarding equipment required for the measures prescribed in paragraph (1) or paragraph (2) of Article 77 of the Act shall be such equipment as set out under the following items:

Article 37(1)The handcuffs which may be used for escorting an inmate shall be the Class 1 handcuffs prescribed in Appended Table 1 except where there is a risk that the inmate may carry out any act provided for in the items of paragraph (1) of Article 78 of the Act.

(2)In the cases where arresting ropes are used on an inmate, careful attention shall be paid so that inmate's blood flow is not seriously restricted.

Article 38The forms of arresting ropes, handcuffs, and restraint suit shall be those provided for in Appended Table 1.

Article 39The standards for the structure and facilities of the protection room shall be those set out under the following items:

Article 40Cases specified by a Ministry of Justice Ordinance as set forth in paragraph (1) of Article 80 of the Act shall be cases such as those set out under the following items:

Article 41In the following cases, a prison officer must promptly report on the matter to the warden of the penal institution:

Article 42The provisions of Articles 61 through 63 shall apply mutatis mutandis to the compensation paid pursuant to the provision of Article 100 of the Act as applied mutatis mutandis pursuant to item (ii) of Article 82 of the Act in cases of death, injury, or illness of an inmate incurred by engaging in emergency work pursuant to the provision of paragraph (1) of Article 82 of the Act.

Article 43(1)Treatment guideline (i.e. the treatment guideline prescribed in paragraph (2) of Article 84 of the Act. Hereinafter the same shall apply in this article) shall be determined before the completion of the guidance prescribed in item (i) of paragraph (1) of Article 85 of the Act (hereinafter referred to as the "Guidance at Commencement").

(2)The warden of the penal institution shall change the treatment guideline if it is deemed necessary considering the progress of correctional treatment or other circumstances.

(3)In addition to what is provided for in the preceding two paragraphs, any particulars required for establishment and revision of treatment guideline shall be determined by the Minister of Justice.

Article 44(1)The period specified by a Ministry of Justice Ordinance as set forth in item (i) of paragraph (1) of Article 85 of the Act shall be two weeks.

(2)In cases where a sentenced person is transferred to another penal institution after the commencement of execution of sentence, if the Guidance at the Commencement of Execution of Sentence is not provided at the original institution, the period for which the sentenced person is committed to the original penal institution shall not be included in the period provided for in the preceding paragraph.

(3)Notwithstanding the provisions of the preceding two paragraphs, the warden of the penal institution may extend or shorten the period during which the Guidance at the Commencement of Execution of Sentence is provided, if the warden finds it necessary to do so in consideration of the progress of the Guidance at the Commencement of Execution of Sentence, age of the sentenced person, the term of imprisonment to be served, history of previous commitment to penal institutions, and other circumstances.

Article 45(1)The period specified by a Ministry of Justice Ordinance as set forth in item (ii) of paragraph (1) of Article 85 of the Act shall be two weeks.

(2)Notwithstanding the provision of the preceding paragraph, the warden of the penal institution may extend or shorten the period during which the guidance prescribed in item (ii) of paragraph (1) of Article 85 of the Act is provided, if the warden finds it necessary to do so in consideration of the length of the period for which the sentenced person was committed to the penal institution or other circumstances.

Article 46(1)The days on which the guidance pursuant to the provisions of paragraph (1) of Article 85, Articles 103 or Article 104 of the Act (hereinafter referred to as "Correctional Guidance") is provided shall exclude the following days:

(2)Days without work (except for daily work; the same shall apply in the following paragraph) are as listed in the items of the preceding paragraph and item (iv) of paragraph (2) of Article 19.

(3)Notwithstanding the provisions of the preceding two paragraphs, days listed in item (i) of paragraph (1) of this Article and item (iv) of paragraph (2) of Article 19 may be determined as the day on which Correctional Guidance or work is performed, if this is necessary due to availability of the places for Correctional Guidance, delivery date of products produced in manufacturing work, or any other circumstances.In this case, if said work is performed for 6 hours or more on that day, with regard to the sentenced person who is assigned to that work, as far as possible, a certain day within one month, other than the days prescribed by the preceding paragraph, shall be determined as a day without work.

(4)With regard to a sentenced person who is assigned to daily work, days without work shall be determined by taking into consideration the number of days prescribed by paragraph (2) of this Article and the hours of work per day.

Article 47(1)The number of hours of Correctional Guidance and of work shall not exceed 8 hours per day in total.

(2)Notwithstanding the provision of the preceding paragraph, the hours of Correctional Guidance and work may be determined as exceeding the hours limited by the preceding paragraph but within 12 hours in total per day, if this is necessary due to the availability of places for Correctional Guidance, delivery date for products produced by manufacturing work, or any other circumstances.

Article 48(1)Restrictions on the life and activities of a sentenced person for the purpose of maintaining discipline and order in the penal institution shall be alleviated seriatim by designating Class 1, 2, 3, or 4 (hereinafter referred to as the "Class of Restrictions") for the sentenced person who been completed the Guidance at Commencement, by changing the class of said sentenced person's restriction, and by conducting the treatment in accordance with said sentenced person's Class of Restriction pursuant to the following Article.

(2)The warden of the penal institution, promptly after the completion of Guidance at the Commencement of Execution of Sentence, shall estimate the prospects of achieving the purpose prescribed in Article 30 of the Act, and determine the Class of Restrictions according to said prospects.

(3)The warden of the penal institution, on a regular and on an as-needed basis, shall evaluate the prospects as prescribed in the preceding paragraph, and shall change the Class of Restrictions designated for a sentenced person according to said evaluation if it is deemed appropriate to do so.

Article 49(1)The room allocated to a sentenced person for whom Class 1 is designated as the Class of Restrictions shall be one which does not have all or part of the facilities or measures normally required to secure detention.

(2)The room allocated to a sentenced person for whom Class 2 or 3 is designated as the Class of Restrictions may be the one prescribed in the preceding paragraph, only if this is deemed appropriate where there is no risk of causing hindrance to maintaining discipline and order in the penal institution.

(3)The correctional treatment, etc. for a sentenced person for whom Class 1 or 2 is designated as the Class of Restrictions shall mainly be conducted at an appropriate location outside the building in which said sentenced person's room is located, and may be conducted at an appropriate location outside the penal institution pursuant to the provision of Article 87 of the Act if this is deemed appropriate in terms of said sentenced person's treatment.

(4)The correctional treatment, etc. for a sentenced person for whom Class 3 is designated as the Class of Restrictions shall be provided within the penal institution and mainly at an appropriate location outside the building in which said sentenced person's room is located.

(5)The correctional treatment, etc. for a sentenced person for whom Class 4 is designated as the Class of Restrictions shall be provided within the penal institution and, within the building in which said sentenced person's room is located, except for in specific cases.

(6)The search pursuant to the provision of paragraph (1) of Article 75 of the Act, the attendance and the audio or video recording during visits pursuant to the provision of the main clause of Article 112 of the Act, and other measures to maintain discipline and order of the penal institution may be performed in accordance with the standards for the frequency and manner of performance of said activities as determined by the warden of the penal institution based on the Class of Restrictions except when it is deemed necessary to perform said activities due to individual and specific reasons.

Article 49-2The warden of the penal institution shall encourage a sentenced person to whom Class 4 restriction is currently designated (except for those isolated from other inmates pursuant to the provisions of the Act) to behave so that said sentenced person's Class of Restriction will be upgraded, and endeavor to provide opportunities for group treatment to said sentenced person wherever possible.

Article 50Treatment at open-type institution pursuant to the provision of paragraph (2) of Article 88 of the Act may be provided to a sentenced person for whom Class 1 is designated as the Class of Restrictions.

Article 51In addition to what is provided for in the preceding four Articles, the procedures for designation and change of the designation of a Class of Restrictions and any particulars necessary for the alleviation of restrictions on the life and activities of a sentenced person for the purpose of maintaining discipline and order in the penal institution shall be determined by the Minister of Justice.

Article 52Treatment specified by a Ministry of Justice Ordinance as set forth in item (iv) of Article 89 of the Act shall that set out under the following items:

Article 53Privilege measures shall be conferred by conducting treatment of a sentenced person according to the class of privilege determined based on the assessment of the attitude toward the punishment as set out below:

Article 54(1)A sentenced person for whom a Category 1 class of privilege is designated shall receive the following treatment:

(2)A sentenced person for whom a Category 2 class of privilege is designated shall receive the following treatment:

(3)A sentenced person for whom a Category 3 class of privilege is designated shall receive the following treatment:

(4)A sentenced person for whom a Category 4 class of privilege is designated shall receive the following treatment:

Article 55In addition to what is provided for in the preceding three Articles, the procedures for designation and change of the designation of a class of privilege and any particulars necessary for Privilege Measures shall be determined by the Minister of Justice.

Article 56(1)Persons sentenced to imprisonment without work or persons sentenced to misdemeanor imprisonment without work may be permitted to engage in the work prescribed in Article 93 of the Act except when said work may cause hindrance to the management and administration of the penal institution; provided, however, that this shall not apply if the sentenced person has ever neglected said work without just cause.

(2)If the person who is permitted to engage in the work pursuant to the provision of Article 93 of the Act wishes to stop engaging in said work, said person must make a request for this at least two weeks in advance.

Article 57Cases specified by a Ministry of Justice Ordinance as set forth in paragraph (1) of Article 96 of the Act shall be those as set out under the following items:

Article 57-2The warden of the penal institution, when a sentenced person is assigned to outside work with commute travels and if all the circumstances set out in the following items apply, may permit said outside work with commute travels on condition that the sentenced person who is assigned to outside work with commute travels carries or wears a location awareness device (i.e. a small and lightweight device with which the position of the carrier/wearer can be identified; the same shall apply hereinafter in this Article and Article 65-2):

Article 58(1)Arrangements with the Outside Business Operators pursuant to the provision of paragraph (3) of Article 96 of the Act shall be made regarding the items set out below:

(2)The arrangement made pursuant to the preceding paragraph shall be executed in writing.

Article 59(1)The addition pursuant to the provision of the main clause of paragraph (2) of Article 98 of the Act shall be made by the 15th of each month.

(2)When the addition prescribed by the preceding paragraph is made, the warden of the penal institution shall notify the sentenced person of the added amount without delay.

(3)The warden of the penal institution shall notify the sentenced person of the amount added pursuant to the provision of proviso of paragraph (2) of Article 98 when said sentenced person is released from the penal institution.

Article 60The amount paid pursuant to the provision of paragraph (4) of Article 98 of the Act must not exceed half of the calculated amount of incentive remuneration at the time of payment; provided, however, that this shall not apply to cases where payment of the excess amount is deemed appropriate specifically in light of the purpose of use of said amount.

Article 61(1)The provision of Article 23 shall apply mutatis mutandis to the payment of the amount equivalent to the incentive remuneration or compensation for death pursuant to the provisions of Article 99 or paragraph (1) of Article 100 of the Act.

(2)Payment of compensation for a disability pursuant to the provision of paragraph (2) of Article 100 of the Act shall be made after the inmate's recovery without delay and the payment of special compensation pursuant to the provision of paragraph (4) of Article 100 of the Act shall be made upon the inmate's release.

Article 62(1)The amount of compensation for death and compensation for a disability paid pursuant to the provisions of paragraph (1) or (2) of Article 100 of the Act shall be based on the amounts calculated as prescribed by this Article.

(2)The amount which is the basis for calculation of compensation for death and compensation for disability (hereinafter referred to as the "Basic Daily Amount for Payment" in this Article) shall be 3,950 yen.

(3)The amount of compensation for death shall be 1,060 times the Basic Daily Amount for Payment.

(4)The amount of compensation for disability shall be calculated by multiplying the Basic Daily Amount for Payment by the multiple set forth in Appended Table 2 according to the grades of disability as set forth in same table.

(5)If a sentenced person suffers from two or more disabilities stipulated in the grades of disability as set forth in Appended Table 2, the grad is determined in accordance with the grade of the most serious of said disabilities.

(6)The grade which is most beneficial to the sentenced person shall be adopted in any of the cases as set out under the following items:

(7)The amount of compensation for disabilities pursuant to the provision of item (i) of the preceding paragraph shall not exceed the total amount of compensation for disabilities which may be paid in accordance with the grades corresponding to each of said disabilities.

(8)A disability which is not equal to but equivalent to the disability of each grade as set forth in Appended Table 2 shall be determined as the disability of said grade as set forth in the Appended Table 2.

(9)In the event that a pre-existing disability is exacerbated due to an injury or illness which is prescribed as a basis for payment of disability compensation under the Act, the amount of compensation shall be calculated by subtracting the disability compensation prior to the exacerbating injury or illness from the disability compensation after said exacerbation in accordance with the grade of disability.

Article 63The amount to be paid as special compensation pursuant to the provision of paragraph (4) of Article 100 of the Act shall be calculated in accordance with to the provisions of paragraph (2) and paragraphs (4) through (9) of the preceding Article when an inmate is expected to remain physically disabled after their recovery; provided, however, that if a sentenced person has suffered an injury by intention or gross negligence, or through illness, said special compensation may not be paid in full or in part.

Article 64The circumstances specified by a Ministry of Justice Ordinance as set forth in item (iii) of paragraph (2) of Article 103 of the Act shall be those set out under the following items:

Article 65Cases specified by a Ministry of Justice Ordinance as set forth in paragraph (1) of Article 106 of the Act shall be those set out under the following items:

Article 65-2The warden of the penal institution, when a sentenced person is permitted to have day leave or a furlough pursuant to the provision of paragraph (1) of Article 106 of the Act, and if all the circumstances set out in the following items apply, may permit said day leave or furlough on the condition that the sentenced person who is taking said day leave or furlough (herein after referred to as "Day Leave, etc." in this Article) carries or wears a location awareness device.

Article 66(1)The warden of the penal institution may request sentenced persons and inmates sentenced to death to submit the particulars set out under the following items regarding persons who are expected to request to visit said sentenced person or inmate sentenced to death:

(2)In the case prescribed in the preceding paragraph, the warden of the penal institution may request the sentenced person or the inmate sentenced to death to submit or present documents or other materials which prove the particulars set out in the items of the preceding paragraph if this is deemed necessary.

Article 67(1)The warden of the penal institution may request a person who requests to visit an inmate to submit an application form stating such particulars as are set out under the following items (this only applies to item (i) and item (ii) in the case of a visit to an inmate other than a sentenced person or inmate sentenced to death; the same shall apply in the following paragraph):

(2)In the case prescribed in the preceding paragraph, the warden of the penal institution may request the person requesting to visit an inmate to submit or present documents or other materials which prove the particulars set out in the items of the preceding paragraph if this is deemed necessary.

Article 68The warden of a penal institution may upon receiving a request to visit an inmate, ask the inmate about the name of the person who made said request and their relationship with the inmate.

Article 69In cases where the number of persons visiting an inmate is restricted pursuant to the provision of paragraph (1) of Article 114 of the Act (including cases where it is applied mutatis mutandis pursuant to paragraph (5) of Article 118 of the Act (including cases where it is applied mutatis mutandis pursuant to Article 123 of the Act), Article 119, Article 122, and Article 125 of the Act. The same shall apply in Articles 72 and 73), the number of persons who are permitted to visit the inmate must not be less than three.

Article 70(1)The place for visiting an inmate shall be determined by the warden of the penal institution.

(2)The visiting site shall be a room which has partitions to act as a divider between the inmate and visitors (hereinafter referred to as a "Partitioned Room"); provided, however, that this shall not apply in cases such as those set out under the following items (in cases of visits to an inmate other than a sentenced person (expect for persons having the status of an unsentenced person), limited only to the cases provided for in item (i)) where there is no risk of causing hindrance to maintaining discipline and order in the penal institution:

Article 71(1)The warden of the penal institution shall determine, according to each inmate's respective status, the dates on which visits (except for a visit by the inmate's defense counsel or a person who is going to be the inmate's defense counsel pursuant to paragraph (1) of Article 39 of the Code of Criminal Procedure (Act No. 131 of 1948) (hereinafter referred to as the "Defense Counsel, etc.")) are permitted at the penal institution (hereinafter referred to as the "Visiting Day" in this Article and the following Article).

(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 provided for in items (i) and (ii) of paragraph (2) of Article 19 from the number of days in the month.

(3)Inmates shall be informed of the number of Visiting Days of each month by one month before the first day of the month to which said Visiting Days belong, which shall be announced in a public notice by posting it at places which can be easily seen by people in the penal institution, or by any other means from one month before the first day of the month to which the Visiting Days belong.

Article 72In cases where the time slot of a visit to an inmate is restricted pursuant to the provision of paragraph (1) of Article 114 of the Act, the time slot must not be shorter than 6 hours a day (if the days provided for by items (i) and (ii) of paragraph (2) of Article 19 are determined as Visiting Days, the time slot shall not be shorter than 4 hours a day).

Article 73In cases where the duration of a visit to an inmate is restricted pursuant to the provision of paragraph (1) of Article 114 of the Act, the duration must not be shorter than 30 minutes; provided, however, that in cases where there are compelling reasons in light of the circumstances in which the request for a visit is submitted, the number of rooms specified as visiting sites, or other reasons, the duration may be limited to shorter than 30 minutes but not shorter than 5 minutes.

Article 74Restriction on the number of visits to an inmate who is a defendant or a suspect except for those who have the status of an unsentenced person pursuant to the provision of paragraph (1) of Article 114 of the Act (including cases where it is applied mutatis mutandis pursuant to Article 122 and Article 125 of the Act) may be made to the number of visits by a person other than the Defense Counsel, etc. of the inmate.

Article 75The warden of the penal institution shall post the particulars that must be observed by an inmate's visitors (except for an inmate's Defense Counsel, etc.), clearly describing the particulars set out under the following items, at the places which can be easily seen by the people in the penal institution:

Article 76(1)The warden of the penal institution may request sentenced persons and inmates sentenced to death to submit the particulars set out under the following items regarding persons who are expected to send or receive letter to/from said sentenced person or inmate sentenced to death:

(2)The provision of paragraph (2) of Article 66 shall be applied mutatis mutandis to cases where reporting is requested pursuant to the preceding paragraph.

Article 77(1)The subject of restrictions on the manner of preparing letters to be sent by an inmate pursuant to the provision of paragraph (1) of Article 130 of the Act (including cases where they are applied mutatis mutandis pursuant to Articles 136, 138, 141, 142, and 144 of the Act; the same shall apply to Articles 78 through 80) shall be those that are set out under the following items (the particulars set out in item (ii) shall not apply to letters sent to a Defense Counsel, etc.):

(2)In cases where 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)In cases where any restriction is imposed on the number of characters per piece of paper used in letters sent by an inmate, said number of characters must not be less than 400.

Article 78The warden of the penal institution, even when imposing restrictions on the date and the timeframe in which an inmate may request to send letters pursuant to the provision of paragraph (1) of Article 130 of the Act, must accept a request to send a letter if there is an urgent necessity to send said letter.

Article 79The restrictions on the number of letters an inmate may request to send pursuant to the provision of paragraph (1) of Article 130 of the Act shall be imposed on letters other than those set out under the following items:

Article 80(1)The restrictions on procedures for inmates sending letters pursuant to the provision of paragraph (1) of Article 130 of the Act may be imposed by limiting them to the methods set out under the following items:

(2)The restrictions on procedures for inmates receiving letters pursuant to the provision of paragraph (1) of Article 130 of the Act may be imposed by limiting them to the methods set out under the following items:

Article 81(1)Letters addressed to multiple inmates and which are permitted to be received by inmates shall be delivered to one of the addressees.

(2)If the letter which are permitted to be received by inmates, and whose content is written on any article other than paper, to which any device which produces sound is attached, or which constitutes anything other than a letter, is not delivered to the inmate pursuant to the provision paragraph (1) of Article 47 of the Act, except for cases where the person is prohibited to receive said letter or delivery of the letter is suspended pursuant to the provisions of Article 128 (including cases where it is applied mutatis mutandis pursuant to Article 138 of the Act), Article 129 (including cases where it is applied mutatis mutandis pursuant to Articles 136, 138, 141, 142, and 144 of the Act. The same shall apply hereinafter in this Article) and paragraph (3) of Article 148 of the Act, the inmate shall be made to know of the content (except for the parts that should be removed or erased pursuant to the provision of Article 129 of the Act) of the letter through presentation of the article or by some other method.

Article 82The provision of Article 23 shall be applied mutatis mutandis pursuant to all or a part, or copies of letters retained pursuant to the provisions of paragraph (1) or (2) of Article 132 of the Act (including cases where they are applied mutatis mutandis pursuant to Articles 136, 138, 141, 142, and 144 of the Act) (except for those which were determined not to be delivered pursuant to the provision of paragraph (5) of Article 132 of the Act (including cases where they are applied mutatis mutandis pursuant to Articles 136, 138, 141, 142, and 144 of the Act); hereinafter referred to as "Prohibited Letters, etc." in paragraph (1) of Article 92 and Article 98).

Article 83The Cases specified by a Ministry of Justice Ordinance as set forth in Paragraph (1) of Article 146 of the Act shall be those set out under the following items:

Article 84The expenses of interpretation or translation prescribed by the latter part in paragraph (1) or the latter part in paragraph (2) of Article 148 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. (i.e. visits or correspondence pursuant to the provision of paragraph (1) of Article 146 of the Act. The same shall apply hereinafter in this Article) or the purpose of sending or receiving letters and the inmate's ability to pay, except for the cases set out under the following items:

Article 85The rewards pursuant to the provision of Article 149 of the Act shall be granted as under the following items:

Article 86(1)The room of a sentenced person who is serving disciplinary confinement shall be a single room; provided, however, that this shall not apply to cases where the warden of the penal institution deems that there is no risk of causing hindrance to the execution of disciplinary confinement.

(2)The warden of the penal institution may impose, within the limit necessary for the purpose of the confinement, restrictions on the life and activities of an inmate serving disciplinary confinement in addition to what is provided for in the Act.

Article 87An inmate serving disciplinary confinement must be granted the opportunity to exercise at least once per week.

Article 88The isolation pursuant to the provision of paragraph (4) of Article 154 of the Act shall be performed only once, even if the sentenced person is suspected to have committed two or more disciplinary offences; provided, however, that this shall not apply to cases where it is difficult to conduct inquiry into the particulars concerning the multiple disciplinary offences at the same time.

Article 89Cases specified by a Ministry of Justice Ordinance as set forth in paragraph (4) of Article 154 of the Act shall be those set out under the following items:

Article 90Explanation pursuant to the provision of Article 155 of the Act shall be provided verbally in front of a staff member who shall listen to the explanation; provided, however, that instead of appearing in front of a staff member and providing an explanation verbally, an inmate may submit papers in which an explanation is provided, or may provide an explanation through having a staff member assist the inmate in recording said explanation.

Article 91In cases where it is deemed that there is a reason for judging that execution of the punishment of a sentenced person must be suspended, the warden of the penal institution shall report this to the public prosecutor.

Article 92(1)Notification pursuant to the provision of Article 176 of the Act shall be given to a person who holds the highest rank according to the order as prescribed below; provided, however, that in cases where there is any property to be delivered, money equivalent to the incentive remuneration or compensation for death to be paid, or prohibited letters, etc., and the person who received said notification expressed their intention not to apply for delivery or payment of said articles and/or money, the notification shall be also given, according to the order below, to a person who holds the highest rank among the persons who hold the same or lower rank than said person:

(2)In cases where an inmate with foreign nationality has died, the warden of the penal institution shall inform the person listed in item (iii) of Article 22 about the death, even if notification pursuant to the provision of Article 176 of the Act is not necessary according to the preceding paragraph.

Article 93(1)In cases where an inmate has died, the warden of the penal institution shall carry out a postmortem examination the corpse.

(2)In cases where 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 warden of the penal institution must report this to the public prosecutor and the judicial police officer who is the police official.

Article 94(1)In cases where the warden of the penal institution buries a corpse of an inmate, the corpse shall be buried in a grave in the graveyard managed or used by the warden of the penal institution.

(2)In cases where the warden of the penal institution cremates a corpse of an inmate, residual bones shall be buried or stored in a grave or charnel house in the graveyard managed or used by the warden of the penal institution.

Article 95The provisions of Article 6 and Article 6-2 shall be applied mutatis mutandis to the administration of workhouses and a court-ordered confinement houses attached to the penal institution.

Article 96The provisions concerning persons sentenced to imprisonment with work in this ordinance shall apply mutatis mutandis to persons detained in the workhouse to the extent that the provisions are not inconsistent with the nature thereof.

Article 97(1)The provisions concerning miscellaneous inmates provided for in this ordinance (except Chapter I, Articles 16, and Chapter XI) shall be applied to persons detained in the court-ordered confinement houses (hereinafter referred to as a "Court-Ordered Confinement House Detainee").

(2)The provisions of Article 15 and Article 16 shall be applied mutatis mutandis to the use or consumption of self-supplied articles of Court-Ordered Confinement House Detainees.In this case, the phrase "articles listed in the items under paragraph (1) of Article 41 of the Act (except the articles listed in the items under paragraph (1) of Article 42 of the Act; hereinafter the same shall apply in this Article and the following Article)" in paragraph (1) of Article 15 shall be read as "articles listed in the items under paragraph (1) of Article 41 of the Act (except clothing, daily necessities, stationery, and the articles listed in the items of paragraph (1) of Article 42 of the Act; hereinafter the same shall apply in this Article)" ; the phrase "paragraph (1) of Article 41 of the Act" in paragraph (7) of the same Article shall be read as "paragraph (1) of Article 41 of the Act applied mutatis mutandis pursuant to paragraph (2) of Article 289 of the Act"; and the phrase "articles listed in the items of paragraph (1) of Article 41 of the Act and bedding" in paragraph (1) of Article 16 shall be read as "clothing, daily necessities, and stationery (except the articles listed in the items of paragraph (1) of Article 42 of the Act; hereinafter the same shall apply in this Article)".

(3)The provisions concerning sentenced persons (except those having the status of an unsentenced person) prescribed in Chapter XI shall apply mutatis mutandis to the visits and correspondence of Court-Ordered Confinement House Detainees (except those prescribed in the following paragraph) to the extent that the provisions are not inconsistent with the nature thereof.

(4)The provisions concerning sentenced persons with the status of an unsentenced person prescribed in Chapter XI shall apply mutatis mutandis to the visits and correspondence of Court-Ordered Confinement House Detainees (limited to those upon which the judicial decision of court-ordered confinement was executed in the course of being under detention pursuant to the provisions of the Code of Criminal Procedure) to the extent that the provisions are not inconsistent with the nature thereof.

(5)The provisions of the preceding three paragraphs shall, notwithstanding the provisions of Article 16 and Chapter XI, apply mutatis mutandis to persons detained in a penal institution for the execution of court-ordered confinement pursuant to the provision of paragraph (2) of Article 287.

Article 98The provisions of Article 22 and 23, and paragraph (1) of Article 92 shall be applied mutatis mutandis to the property, incentive remuneration, or prohibited letters, etc. left by a deceased sentenced person who was extradited to the authorities of the requesting country specified by item (ii) of Article 1 of the Act on International Assistance in Investigation and Other Related Particulars (Act No. 69 of 1980) pursuant to the provision of paragraph (4) of the Article 20 of the same Act.