PROBLEM ABOUT CONFINEMENT TO PLACE OTHER THAN PRISON : SPECIFIC STUDY ON CASE OF REGULATION OF DEPARTMENT OF CORRECTIONS GOVERNING PROCEEDINGS FOR CONFINEMENT TO PLACE OF CONFINEMENT, B.E. 2566 (2023)
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Abstract
The objective of this research is to study the problem about confinement to a place other than a prison by undertaking a specific study in the case of the Regulation of the Department of Corrections Governing the Proceedings for Confinement to the Place of Confinement, B.E. 2566 (2023). It is qualitative research by conducting documentary research by studying the Thai law in comparison with the laws of the State of New York, the United States of America, and the Realm of New Zealand.
According to the research outcome, confining a prisoner to a place other than a prison is treatment to rehabilitate the prisoner to return to society more quickly. In addition, it helps relieve the problem of prison overcrowding which is under the authority of the Department of Corrections. The Department of Corrections has therefore a power to issue the Regulation of the Department of Corrections Governing the Proceedings for Confinement to the Place of Confinement, B.E. 2566 (2023). However, the Department of Corrections should appropriately set up a working group and impose a qualification on the prisoner who is eligible to be confined to the place other than the prison. In this regard, the working group should be added whereby other agencies, i.e. both public and private sectors should join the working group. And the prisoner must serve a sentence in the prison before he is eligible to be confined to the place other than the prison.
This research has a suggestion that Article 4 of the Regulation of the Department of Corrections Governing the Proceedings for Confinement to the Place of Confinement, B.E. 2566 (2023) should be amended. And Clause 3 of the Notification of the Department of Corrections Regarding the Determination of Specific Qualifications, Prohibited Characteristics and Procedures for Confining Prisoners to the Place of Confinement According to the Regulation of the Department of Corrections Governing the Proceedings for Confinement to the Place of Confinement, B.E. 2566 (2023), B.E. 2568 (2025) should be amended.
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