ACT ON THE ESTABLISHMENT AND OPERATION OF PRIVATE CORRECTIONAL INSTITUTIONS

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to enhance the operational efficiency of correctional institutions, etc., enforce proper treatment for inmates, and facilitate their reintegration into society by prescribing matters necessary to entrust private entities with part of the affairs concerning the establishment and operation of such correctional institutions, etc. pursuant to Article 7 of the Administration and Treatment of Correctional Institution Inmates Act.

[This Article Wholly Amended on Mar. 25, 2009]

Article 2(Definitions) #

The definitions of terms used in this Act shall be as follows:

1. "Correctional services" means the confinement, administration, correction, edification, vocational education, prison labor, classification and treatment of inmates pursuant to subparagraph 4 of Article 2 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter referred to as "inmates") and other services determined by the Administration and Treatment of Correctional Institution Inmates Act;

2. "Trustee" means any person who is selected to perform correctional services entrusted pursuant to Article 3;

3. "Corrections corporation" means any corporation that establishes and operates a correctional institution, juvenile correctional institution or detention center and branches thereof (hereinafter referred to as "correctional institution, etc.") upon universal entrustment of correctional services by the Minister of Justice;

4. "Private correctional institution, etc." means any correctional institution, etc. operated by any corrections corporation.

[This Article Wholly Amended on Mar. 25, 2009]

Article 3(Entrustment of correctional services to private sector) #

(1) The Minister of Justice may, if deemed necessary, entrust the correctional services under his or her authority to any corporation or organization other than public organizations or to any organ of such corporation or organization or any individual in accordance with the provisions of this Act; provided, if he or she intends to entrust the correctional services universally to enable the establishment and operation of one or more correctional institutions, he or she may entrust such services only to corporations.

ACT ON THE ESTABLISHMENT AND OPERATION OF PRIVATE CORRECTIONAL INSTITUTIONS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Entrustment of correctional services to private sector) #

Article 4(Conclusion of entrustment contract) #

Article 5(Details of entrustment contract) #

Article 6(Suspension of entrusted services) #

Article 7(Cancellation of entrustment contract) #

Article 8(Administration of services following cancellation of entrustment contract) #

Article 9(Hearing) #

Article 10(Amendment to articles of incorporation of corrections corporation) #

Article 11(Executive officers) #

Article 12(Revocation of approval for taking office as officer) #

Article 13(Prohibition on concurrent holding of positions by executive officers) #

Article 14(Property) #

Article 15(Separate accounting) #

Article 16(Budget and settlement of accounts) #

Article 17(Authorization of merger and dissolution) #

Article 18(Reversion of residual property) #

Article 19(Relationship with other Acts) #

Article 20(Facilities of private correctional institution) #

Article 21(Organization of private correctional institution) #

Article 22(Inspection of private correctional institutions) #

Article 23(Operating expenses) #

Article 24(Legal fiction of confinement) #

Article 25(Treatment of inmates) #

Article 26(Earnings from work) #

Article 27(Use of security equipment) #

Article 28(Grounds for disqualification) #

Article 29(Appointment and dismissal) #

Article 30(Employees' duties) #

Article 31(Wear of uniform and purchase of weapons) #

Article 32(Support) #

Article 33(Supervision) #

Article 34(Reporting and inspection) #

Article 35(Audit of entrusted services) #

Article 36(Order to take disciplinary action) #

Article 37(Legal fiction as public officials) #

Article 38(Compensation for damage) #

Article 39(Delegation of authority) #

Article 40(Application mutatis mutandis of the Administration and Treatment of Correctional Institution Inmates Act) #

Article 41(Partial entrustment) #

Article 42(Penalty provisions) #

Article 43(Joint penalty provisions) #

Article 44(Administrative fine) #