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Statute of Open Prisons
1.中華民國五十一年六月五日總統制定公布全文 25 條
2.中華民國六十三年六月二十七日總統修正公布全文 26 條
3.中華民國六十七年五月二十六日總統修正公布第 4、14 及 15 條條文
4.中華民國六十九年十二月一日總統（69）台統（一）義字第 6867 號令
修正公布第 2、5、9、14、15、18、21、23 條條文
5.中華民國八十三年一月三十一日總統（83）華總（一）義字第 0560 號
令修正公布第 4、5、11、14、19、21 條條文
6.中華民國八十六年四月二十三日總統（86）華總（一）義字第 8600095
570 號令修正公布第 22、23 條條文
7.中華民國一百零三年六月十八日總統華總一義字第 10300093341 號令
修正公布第 4、9、14 條條文
8.中華民國一百零九年六月十日總統華總一義字第 10900063541 號令修
正公布第 4 條條文
9.中華民國一百十二年八月十六日總統華總一義字第 11200069311 號令
修正公布第 1、4、6、11、18、21、25 條條文；刪除第 13、17、19
、23 條條文
10. 中華民國一百十四年一月二十四日總統華總一義字第 11400008971
號令修正公布第 4 條條文資料來源：全國法規資料庫（ChLaw.json，版本 2026/7/24 上午 12:00:00）・政府資料開放授權
1This Statute is enacted pursuant to Article 149 of the Prison Act.
2For matters not provided in this Statute, the Prison Act, Statute of Progressive Execution of Penalty, and other relevant regulations shall apply.
Open Prisons shall be established by the Ministry of Justice.
A open prison shall have one warden, who shall be in charge of supervision and oversee the whole affairs of the prison. When deemed necessary, a deputy warden may be established to assist the warden in handling the whole affairs of the prison.
1The Agency of Corrections, Ministry of Justice shall select from among inmates in all prisons that meet the following requirements to serve their sentence in open prison:
21.The inmate has served more than three months in a sentence of imprisonment.
32.The inmate shows evidence of repentance and has served the mandatory sentence that makes him or her eligible for parole within three years.
43.The inmate performs well in prison, is suitable for open prison operation and does not pose a risk of endangering public order or society.
5Where any of the following situations applies, inmates shall not be selected for open prison:
61.Intentionally committed an offense that results in death.
72.Committed an offense that carries a principal punishment of imprisonment for a minimum of ten years.
83.Committed an offense provided under the latter section of Paragraph 4 of Article 135, Paragraph 2 of Article 136 that results in aggravated injury, Article 161, Paragraph 1 or the latter section of Paragraph 2 of Article 302, Article 303, Paragraph 1, Paragraph 2 or the latter section of Paragraph 3 of Article 328, Paragraph 1 of Article 330, Paragraph 1 or Paragraph 2 of Article 333, Paragraph 1 of Article 339-4, Paragraph 1 of Article 347, or Article 348-1 of the Criminal Code.
Upon emergent requirements of the country, the Ministry of Justice may appoint inmates of fixed-term imprisonment to open prisons and shall not be subject to Paragraphs 1 and 2 of the preceding article.
Open-prison operations should be coordinated with relevant production business, service sector, public construction or other specific operations.
The inmates shall be divided into groups for the outside labor operations. One group shall contain more than ten (10) and less than twenty (20) inmates. The warden shall appoint one inmate with good records as the group leader.
Those inmates who have good operating accomplishments or specialties may be appointed for assistance operations.
1Inmates shall accommodate in a group cell with different conditions. If deemed necessary by the warden, an inmate may be confined individually.
2The warden may, according to an inmate's behavior, allow the inmate's family dependants to live with him in a designated area and within a prescribed period.The relevant regulations shall be prescribed by the Ministry of Justice.
Where the inmates work in an area far from the open prison, a temporary lodging may be established.
When necessary, open prisons may request assistance from local police agencies, prosecutors offices, courts and other central and local government agencies in matters of administration, custody and security, and corrective treatment.
The warden and the relevant supervisors shall inspect the areas of outside labor operations at any time to supervise and advise.
(Deleted)
1With regard to those inmates who are selected to serve at a open prison, Article 28-1 of the Progressive Treatment of Punishment Act shall still apply to handle the mitigation of the terms of imprisonment during the current month when they arrive the open prison. From the next month after the arrival, the terms of imprisonment shall be mitigated pursuant to the following provision for each month of the service:
21.Four (4) days of the term of imprisonment shall be mitigated every month with regard to the fourth grade or non-graded inmates.
32.Eight (8) days of the term of imprisonment shall be mitigated every month with regard to the third grade inmates.
43.Twelve (12) days of the term of imprisonment shall be mitigated every month with regard to the second grade inmates.
54.Sixteen (16) days of the term of imprisonment shall be mitigated every month with regard to the first grade inmates.
6The inmate shall be informed of the mitigated term of imprisonment referred to in the preceding paragraph after the mitigation is decided under the resolution of a prison committee's meeting. The said mitigation shall also be reported to the Agency of Corrections, Ministry of Justice for review.
7After an inmate completes his mitigated sentence and before released, the warden shall inform the prosecutor in charge of the commitment order about the actual date of sentence completion by letter.
1If an inmate has inferior working performance, is incompliant with the discipline, or is degraded, and remains in the open prison, the sentence shall not be mitigated for the current month based on the seriousness of the condition. With regard to those who are transferred to another prison, the mitigated terms of imprisonment shall be entirely recovered.
2The inmate shall be informed of the punishment referred to in the preceding paragraph after the punishment is decided under the resolution of a prison committee's meeting. The said punishment shall also be reported to the Ministry of Justice for review.
1With regard to those inmates whose terms of imprisonment are mitigated, their progressive treatment or the terms of parole shall be calculated according to the terms of imprisonment after the mitigation.
2If the parole referred to in the preceding paragraph is revoked. The mitigated terms of imprisonment shall be recovered.
(Deleted)
1Where any of the following situations applies, open prison inmates shall be transferred to another prison after the open prison has obtained approval from the Agency of Corrections, Ministry of Justice:
21.Behave in a manner that interferes with the order or security of the open prison or display lack of diligence at work and the condition is deemed serious.
32.Violate home visit rules, and the condition is deemed serious.
43.Become injured or ill that renders continuing to serve at an open prison unsuitable.
54.There are other major reasons that render the inmate unsuitable for open prison.
6If an inmate has violated prison discipline or lacks diligence at work before the Statute amended on July 31, 2023 was implemented and no punishment has been meted out at the time the amendment is implemented, Article 19 prior to the implementation of the amendment shall still apply.
(Deleted)
When an inmate is injured or suffers from a sickness caused by the operation and needs to be treated, he shall be immediately sent to an appropriate place for treatment.
1An inmate who performs well in prison and does not pose a risk of endangering public order or society may go home for a visit on weekends or national holidays.
2Inmates are allowed to go home for a visit in the event of death of the inmate’s grandparent, parent, parent-in-law, spouse, child, or sibling.
3Where an inmate is allowed to go home for a visit in accordance with the preceding two paragraphs, but fails to return to the prison on the designated date without legitimate reason, the number of days outside the prison will not be counted as time served. If an inmate intentionally fails to return to the prison, he or she shall be charged with escaping.
4Regulations governing home visit criteria, visitees, frequency, duration, scope of activity, control and implementation methods, review standards, approval procedures, change or cancellation after approval and other matters to comply with shall be prescribed by the Ministry of Justice.
1An inmate who works shall be rewarded labor wages. To determine the amount of labor wages, the inmate's conduct and working performance shall be considered.
2Regulations governing the payments referred to in the preceding paragraph shall be prescribed by the Ministry of Justice.
(Deleted)
The contracting operations of the open prisons shall be deemed as prison operation factories and shall be exempted from business taxes.
Articles 4, 6 ~ 8, 10 to 12, 20 and 24 of this Statute shall apply mutatis mutandis to other prisons that contract outside labor operations.
The Act shall be enforced as of the day of promulgation.
94.Committed an offense provided under the front section of Paragraph 1 of Article 3 or Paragraphs 2 ~ 4 of Article 4 of the Organized Crime Prevention Act.
105.Committed an offense provided under Paragraph 1 or Paragraph 2 of Article 7 or Paragraphs 1 ~ 3 of Article 8 of the Firearms, Ammunition, and Knives Control Act.
116.Committed an offense provided under Paragraph 1 of Article 33, Paragraph 1 or Paragraph 2 of Article 34, Paragraph 2 or Paragraph 3 (commit an offense under Paragraph 2 of the same article) of Article 35, Paragraph 3 or Paragraph 4 (committed an offense under Paragraph 3 of the same article) of Article 36 of the Child and Youth Sexual Exploitation Prevention Act.
127.Committed an offense provided under the Narcotics Hazard Prevention Act, except for offenses under Article 10, Article 11, Paragraph 3 and Paragraph 4 of Article 14 of the same Act.
138.Committed an offense provided under Paragraph 1, Article 5 of the Anti-Corruption Act, except where there were no proceeds of crime or the personal proceeds of crime have been confiscated or collected according to law.
149.Committed an offense provided under the Securities and Exchange Act, Banking Act, Financial Holding Company Act, Act Governing Bills Finance Business, Trust Enterprise Act, Credit Cooperative Act, Insurance Act, Agricultural Finance Act, or Securities Investment Trust and Consulting Act that carries a principal punishment of a minimal seven-year imprisonment, except where there were no proceeds of crime or the personal proceeds of crime have been confiscated or collected according to law.
1510.Committed a human trafficking offense provided under Subparagraph 2, Article 2 of the Human Trafficking Prevention Act.
1611.Committed an offense other than those under the preceding ten subparagraphs but under Subparagraph 1, Article 2 of the Sexual Assault Crime Prevention Act or a domestic violence offense under Subparagraph 2 of Article 2 or Article 61 (violation of protection order) of the Domestic Violence Prevention Act.
1712. Being a recidivist. However, the preceding provision does not apply if all previous cases were punished by a sentence of less than six months in prison and have been completed.
1813. Serving the remaining sentence after the revocation of parole or serving a sentence of imprisonment for committing another crime during parole.
1914. Having rehabilitative disposition to be completed.
2015. Having other cases where the sentences of all cases combined as declared by the courts exceed five years’imprisonment.
21The method, procedures, selection criteria, review standards and other matters to comply with for the inmate selection for open prison shall be prescribed by the Ministry of Justice.
22The provisions of this article amended on July 31, 2023 shall take effect on October 1, 2023. However, for inmates who have been selected for open prison, the provisions of this article prior to amendment and implementation shall still apply.