rights. The Ministry of Justice should thoroughly discuss the establishment of
evaluation mechanisms to determine the possibility of re-offending, and
strengthen community support (for those with and without physical or mental
disabilities) in order to meet the intent of establishing a sound social security net.
69.
The correctional institutions fail to investigate the medical records of inmates
with disabilities with due diligence to serve in categorization of disability and
provide reasonable accommodation. There is also no referral mechanism to
obtain the inmates’ medical records before they were detained, and the
psychiatric assessment information available at trial is also not passed on to
the prisons/detention centers. As such, no mitigating treatment can be provided
to them in a timely manner, and it is not until the outbreak of their disabilities
(e.g. mental disability) that they can be diagnosed conclusively. Clearly, this
is at odds with the intent of the Convention on the Rights of Persons with
Disabilities and Taiwan’s own human rights-related statements.
70.
Protective custody after an offender has served a sentence is known to be an
important bridging mechanism for integrating offenders with mental
disabilities into society. Given the many types of mental illness, complicated
risk factors emerge from case to case. Some cases are not followed up on
properly and the individual suffers unfair treatment after being released from
hospital, or is found to be involved in substance abuse, or lacks family support.
As a result, the person becomes a ticking time bomb, putting social safety in
peril. The government could, based on the systems and evidence-based
examples in Germany or Japan, evaluate the possibility for the establishment
of judicial mental hospitals equipped with secure facilities and manpower to
guard special and high-risk criminals with mental disabilities, or to manage
dangerous patients with mental disabilities, proportionate to the danger. Upon
investigation and subsequent follow-up by the Control Yuan, the Ministry of
Justice amended the Directions for Prosecuting Apparatus’ Execution of
Custody of Inmates with Mental Disability or Mental Deficiency on March 17,
2020, in order to strengthen their management of core cases. It also worked
with the Ministry of Health and Welfare to develop diversified detention
centers and intermediate treatment centers and consider special treatment for
those who require it.
Prison Labor
71.
All inmates in correctional institutions are required to participate in work
activities unless otherwise specified by law or for reasons such as illness or
being under rehabilitation. Notwithstanding, statistics show that a total of
35,758 (58.4%) prisoners (or detainees) in 45 correctional institutions
throughout the country are engaged in subcontracted processing work, but earn
very low monthly income. (The highest average monthly remuneration for the
subcontracted processing work, NT$5,821, is paid in Zihciang Minimum33