緩起訴處分戒癮治療之回顧與展望

A Review and Prospect of the Rehabilitation Treatment During Deferred Prosecution

隨著對毒品及成癮現象的不斷研究，世界各國越來越能理解毒癮者所具有的病患特質，對於毒癮者的處遇方式逐漸由威嚇、監禁轉變為治療。在國內，監獄中大量的毒癮者一方面難以獲得適當的治療，另方面也造成司法系統龐大的負擔，因此，自2008 年開始發展的緩起訴處分戒癮治療，便成為備受期待的毒癮者處遇模式。然而，緩起訴處分戒癮治療原係為鴉片類毒癮者之維持療法所規劃，並不具備協助毒癮者戒癮及復歸社會的完整功能，故其在將第二級毒品的毒癮者納入適用對象後已遭遇到瓶頸。本文參考美國毒品法庭的發展經驗，對我國緩起訴處分戒癮治療在「處遇對象資格之範圍」、「處遇對象之篩選 」、「戒癮治療之監督」三方面提出分析建議，期望現行制度在適當的調整下，能有更長遠而良性的發展。

With continuous research on drugs and addiction, people around the world are increasingly able to understand patients' characteristics possessed by drug addicts, and treatment measures for drug addicts are gradually developing from imprisonment into treatment. In Taiwan, because the large number of drug addicts in prisons are difficult to obtain proper treatment and become a huge burden of the judicial system, the rehabilitation treatment during deferred prosecution since 2008 has been highly expected. However, the rehabilitation treatment during deferred prosecution is designed for the maintenance therapy for opiate addicts originally and not a kind of comprehensive solution, so it encountered a bottleneck after Category 2 narcotics users have been included in this program. Referring to the development experience of drug court in American, the article gives some analyses and suggestions about the qualified of the rehabilitation treatment, the screening for suitable attendants, and the supervision over rehabilitation treatments. Through appropriate adjustments in the current system, this program could have long-term and better development.