Article 22(Requests for Medical Treatment Orders for Inmates Convicted of Sexual Assault) #
(1) A prosecutor may request a medical treatment order from a district court having jurisdiction over the place of residence or current location of an inmate who are subject to a final sentence of imprisonment with labor or a heavier punishment for sexually assaulting another person but for whom the medical treatment order under Article 8 (1) has not been declared (hereinafter referred to as "inmates convicted of sexual assault"), if such inmate is sexually deviant, deemed likely to recommit sexual assault, and agrees to take pharmacologic treatment. <Amended by Act No. Act No. 11557, Dec. 18, 2012; Act No. 15254, Dec. 19, 2017>
(2) The procedures for medical treatment orders for prisoners pursuant to paragraph (1) shall be in accordance with the following subparagraphs: <Amended by Act No. 11005, Aug. 4, 2011>
1. The head of a correctional institution or detention center (hereinafter referred to as "confinement facility") shall sufficiently explain the details, methods, procedures, efficacy, side effects, assumption of expenses, etc. of pharmacologic treatment to inmates who are qualified for parole pursuant to Article 72 (1) of the Criminal Act and verify their consent;
2. Where inmates convicted of sexual assault in subparagraph 1 consent to pharmacologic treatment, the head of a confinement facility shall promptly notify a prosecutor of the district prosecutor's office having jurisdiction over the confinement facility of necessary matters, such as personal information and prison records of the inmates;
3. The prosecutor may request the head of a probation office having jurisdiction over the address of the affiliated prosecutor's office or the address of inmates convicted of sexual assault to make an investigation pursuant to Article 5 (1);
4. The head of a probation office shall submit an investigation report under Article 5 (3) within two months from the date a request pursuant to subparagraph 3 is received;
5. After explaining the details, methods, procedures, efficacy, side effects, assumption of expenses, etc. of pharmacologic treatment to an inmate convicted of sexual assault, verifying his or her consent, and obtaining a diagnosis or evaluation by a mental health professional, the prosecutor may request the court for a medical treatment order. On this occasion, the prosecutor shall state the fact that the recipient of a medical treatment order agrees thereto in addition to the matters prescribed in the subparagraphs of Article 7 (1) in the written request for the medical treatment order;
6. If the court deems that the request for a medical treatment order made pursuant to subparagraph 5 has grounds, it shall notify the medical treatment order by decision and deliver a document stating matters to be observed to the person who is issued with a medical treatment order.
(3) The period of medical treatment according to the decision under paragraph (2) 6 shall not exceed 15 years.
(4) Where it is necessary for the diagnosis and evaluation by a mental health professional pursuant to paragraph (2) 5, a prosecutor may instruct the head of a confinement facility to transfer inmates convicted of sexual assault to a facility for medical treatment in custody, etc. <Amended by Act No. 11005, Aug. 4, 2011>
(5) If the decision pursuant to paragraph (2) 6 falls under any of the following subparagraphs, a prosecutor, an inmate convicted of sexual assault or his or her legal representative may lodge an appeal to the high court within seven days from the date such decision is notified:
1. Where a violation of statutes or regulations or gross error of fact exists, to the extent that it may affect the relevant decision;
2. Where the disposition is substantially unjust.
(6) When an appeal is to be lodged, a written appeal shall be submitted to the trial court, and the court in receipt of the written appeal shall send records including its opinions to the appellate court within three days.
(7) Where the appellate court deems that the proceedings of appeal violate any statute or that the appeal is groundless, it shall reject such appeal by decision.
(8) Where the appellate court deems that the appeal has grounds, it shall reverse the previous decision and make its own decision, or transfer it to another competent court.
(9) The re-appeal to the Supreme Court may be lodged only if the decision of the appellate court violates statutes or regulations.
(10) The period to lodge a re-appeal shall be seven days from the date on which the decision to reject an appeal is notified.
(11) Appeals and re-appeals shall not have the effect of suspending the execution of decision.
(12) No later than five days before an inmate convicted of sexual assault is released, shall the head of a confinement facility notify the head of a probation office having jurisdiction over the inmate’s address of such fact.
(13) The execution of a medical treatment order notified under paragraph (2) 6 shall terminate when an inmate convicted of sexual assault, sentenced to an imprisonment with labor or a heavier punishment under paragraph (1), is pardoned from such sentence and the sentence loses its validity.
(14) A person in receipt of a medical treatment order becomes exempt from the execution of the order with the completion of legal prescription when 10 years have lapsed without such order being executed since the final and conclusive decision is made for the order.