Proposed amendments to the Statute of Open Prisons (外役監條例) are expected to pass in the next legislative session in September, as most parties agree to the changes, Vice Premier Cheng Wen-tsan (鄭文燦) said yesterday, despite dozens of versions reportedly languishing in committee.
The major political parties have mainly agreed that people who have been guilty of major crimes should not be eligible for transfer to a minimum-security facility and legislative committees have held public hearings on the matter, Chen said, urging lawmakers to prioritize the bill in the next session.
Ministry of Justice Agency of Corrections officials yesterday said that they would ensure more stringent evaluation of inmates applying for transfer to minimum-security facilities before the bill passes.
Photo: CNA
The Democratic Progressive Party (DPP) caucus said that deliberations had been undertaken at the Judiciary and Organic Laws and Statutes Committee.
Although the parties agree in principle, they maintain different opinions on the details, and have come up with 23 versions of the bill, DPP caucus secretary-general Chuang Jui-hsiung (莊瑞雄) told a news conference.
“We therefore call on the Ministry of Justice to conduct an overall examination to iron out the differences and forward the bill to the Legislative Yuan for assessment,” Chuang said. “Society has an expectation of which inmates can and cannot get transferred to minimum-security facilities, and lawmakers have a duty to respond.”
UN resolutions and laws in other nations consider transferring inmates to minimum-security facilities an important step for them to reintegrate back into society, which is the aim of most justice systems, he said.
“Transfers to minimum-security facilities must not be used to grant favors or privileges to certain inmates,” Chuang said. “We are open to recommendations on how to improve the process.”
Chinese Nationalist Party (KMT) Legislator Lin Wei-chou (林為洲) said that the ruling party was responsible for the delay.
“The DPP is in power and has a majority in the legislature, so it can surely pass any bill it wants to,” Lin said. “They are shifting the responsibility to others by saying that there is no consensus regarding deliberations on the bill.”
Lin said that KMT members would introduce a new version of the bill at the upcoming extraordinary legislative session, which would prohibit those found guilty of major crimes from applying to transfer to minimum-security facilities, in addition to other stricter measures.
Taiwan People’s Party Legislator Lai Hsiang-lin (賴香伶) said that the ministry had forwarded the bill to the legislature in September last year, but it still remains in committee.
Lai also blamed that on the DPP.
“If the ruling party has the resolve to approve it, then they should treat it as a priority in the upcoming extraordinary session,” Lai said.
The New Power Party (NPP) also urged lawmakers to quickly review the bill.
“The purpose of having an ‘open prison’ system is to help inmates transition to a normal life before they return to society through a series of low-intensity prison management measures,” the NPP said. “However, the system has become a haven for the rich and the powerful who have committed major economic crimes.”
Thirty-two of the inmates in the “open prison” system had received illegal proceeds exceeding NT$50 million (US$1.59 million), but only nine of them had fully returned the money, the NPP said, citing Ministry of Justice data.
KMT Legislator Fu Kun-chi (傅?萁) in May 2020 was sentenced to two years, 10 months in prison for insider trading, but was quickly relocated to a minimum-security facility in December of the same year, the NPP said.
In September 2018, former Executive Yuan secretary-general Lin Yi-shih (林益世) was sentenced to two years for owning properties of unknown origin, and was transferred to a minimum-security facility in September of the following year, it added.
“We proposed in 2019 and last year that inmates convicted of major economic crimes must not be transferred to an open prison until they have returned the money. Those whose remaining sentences exceed two years or have committed violent crimes must not be transferred either,” the NPP said.
Additional reporting by Shelley Shan, Lin Hsin-han
and Huang Ching-hsuan
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