英國受刑人人格障礙處遇制度介紹——自監所超收對受刑人處遇之影響談起

Introduction to the Pathway for Treating Offenders with Personality Disorder in United Kingdom: Discussing the Impact of Prison Overcrowding on the Treatment of Inmates

在現代矯正思維採取自由刑純化概念下，對於受刑人而言，以剝奪其人身自由之方式服自由刑為原則上執行刑的手段，除此之外，其餘基本權利應予以最低限制甚或應完全保留，這些重要權利將其與刑之執行目的結合，為受刑人之服刑權利。
監所超收將造成戒護成效不彰以及受刑人服刑權利受損，進而影響監所秩序與受刑人矯正資源，對於健康受刑人是如此，對於患有精神疾病之受刑人或是有人格障礙問題之受刑人而言，更是如此，監所超收產生之問題將連帶不利於受刑人未來復歸社會並對社會治安造成風險。而本文欲探究與分析之外國法制──英國，其監所近年亦出現嚴重超收狀況，監所超收產生了戒護管理與受刑人處遇成效不佳的問題，尤其是精神疾病、人格障礙收容人，就此英國當局提出了解決問題的短程、長期政策計畫以茲因應，整體而言，其因應問題的思維以及政策規劃策略，本文認為我國可作為借鏡參考之用。
承前，本文將先介紹國際公約對於超收之定義，以及監所超收與受刑人服刑權利之關聯性，並說明監所超收對於不易收處遇成效卻往往在監所受刑人中為數不少之人格障礙問題者（在此非僅限單純僅有人格障礙問題，部分受刑人尚合併有精神疾病問題）在管理、處遇執行等層面之影響；接續探討英國監所超收問題以及當局對於監所超收問題提出之政策，接著將介紹英國司法及矯正機關如何在監所超收困境下面對人格障礙受刑人處遇評估與執行需求以及相關政策發展歷程，再就其監所一般個別化處遇與矯治人格障礙之進階型介入性處遇的評估及制定流程進行對比、分析人格障礙處遇實證研究成果，綜合前述研究內容作為我國政策調修與修法之借鏡。

In modern correctional thinking, countries around the world tend to use purification of imprisonment as a means of enforcing punishment. For detainees, deprivation of personal liberty is, in principle, a means of enforcing punishment. Other fundamental rights shall be subject to minimal restrictions, or even fully protected. These important rights combined with the purpose of punishment, can be defined as sentencing interests. These rights include the right to physical health, freedom of communication, freedom of expression, and the right to privacy. Protecting and safeguarding these rights is the obligation of state public authorities.
In recent years, the problem of overcrowding in China’s prisons and detention centers has remained unresolved. This overcrowding has led to poor detention management, undermining the rights and interests of serving detainees, and ultimately impacting prison order, correctional resources, and effectiveness. This is true not only for physically healthy detainees, but even more so for those with mental illness or personality disorders. Overcrowding in prisons and detention centers also hinders detainees’future reintegration into society. Failure to successfully reintegrate them increases the risk of reoffending, further impacting public safety.
The United Kingdom, a foreign legal system explored and analyzed in this article, has also experienced severe prison overcrowding in recent years. This overcrowding has led to poor detention management and inadequate treatment for detainees with mental illness and personality disorders. However, the British authorities have proposed short-term and long-term policy plans to address these issues. Overall, their approach and policy planning strategies offer valuable lessons for Taiwan in terms of policy and legal adjustments.
Following up on the previous article, this article will first introduce the perspectives of international conventions on over-incarceration and improper treatment, and the relationship between over-incarceration and the rights of detainees in the execution of their sentences. It will further examine the impact of over-incarceration on the management and implementation of treatment for prisoners with personality disorders (this is not limited to personality disorders alone; some prisoners also have co-morbid mental illnesses). These individuals are difficult to treat but are often found in high numbers within the prison population. It will then discuss the issue of over-incarceration in British prisons and the policies proposed by the authorities regarding this issue. Finally, it will describe how the British authorities address the difficulties and needs of prisoners with personality disorders in the treatment of over-incarceration, and the development of relevant policies. The paper then compares the evaluation and development process of general personalized treatment and advanced interventional treatment for personality disorders in British prisons, analyzes the empirical research results of related treatments, and based on the above research content, provides reference and future directions for the adjustment of Taiwan’s correctional policies and related legal systems.