國外矯正機構實施自主監外作業之比較與啟發

International Comparison and Inspiration of Work Release in Correctional Facilities

自主監外作業制度在國外刑事司法體系中運作已有半世 紀以上的歷史，但我國仍屬開創階段，於2017年6月第一批 受刑人外出工作，但同年8月即發生臺北女子看守所受刑人 未上工返家之情事，媒體大幅報導，同時監察院調查後提出 糾正，認為制度未做好政策規劃、未參考國外立法例完備及 受刑人篩選不夠妥適。對此立意良善的政策實一大挑戰。本 研究主要的目的在探討美國華盛州及明尼蘇達州、英國、加 拿大、香港及以色列等國自主監外作業，以為我國未來修正 時之參考。本文根據國外的經驗，提出之建議如下：第一， 灌輸受刑人職場倫理的觀念、第二，持續辦理受刑人家庭的 支持與協助措施、第三，放寬受刑人的處遇、第四，於戒護 人力許可下，可於夜間或例假日開設處遇課程、第五，審核 宜加入外出工作地點是否為被害人住居所或犯罪地點。

Past 50 years, activity of governmental and community levels suggests that work release program has been emerging as an increasingly important element in mainstream criminological practice. Taiwan's correctional policy just promoted work release program on June 2017, but an accident, which an inmate of Taipei female Detention Center didn't go to work and returned home on August 2017, was reported by media. At the same time, Control Yuan investigated this accident, and rectified that Agency of Corrections did not well planed, did not refer to legislation in other countries, and the screening of prisoners was not appropriate. This policy faces some challenges. In this regard, several studies have recently provided comprehensive literature reviews of this area of research. Numerous countries have adopted work release program, including Washington State and Minnesota State in the Unite State of American, the United Kingdom, Canada, Hong Kong, and Israel. According to these countries experience, some programs can apply to correctional facilities in Taiwan. Based on other countries experience, this article puts forward the following suggestions: First, inculcate the prisoner's work ethics, second, continue providing prisoner's family support program and assistance measures, third, broaden the treatment of the prisoner taking part in work release program. Fourth, work release is integrated with a series of other efforts meant not only to enhance work but also to strengthen the positive experiences of inmates in the program. Fifth, it should be checked whether the place of work is close the victim's residence or a crime place.