Justice and its subordinated agencies shoudl proactively seek improvement,
and work with the Ministry of Health and Welfare to improve the medical
rights of those inmates in the correctional institutions of Taiwan.
79.
Recently, the Agency of Corrections has worked with the competent health
authorities to amend laws to incorporate prisoners into the national health
insurance program, establish relevant regulations governing prisoners’
medical care, and add the requirement that prison/detention center clinics
should satisfy the institution’s medical care needs. It will also amend the
Reference Principles for Determination of Emergency Medical Service
Available to Inmates. However, some correctional institutions still fail to offer
outpatient services such as dentistry, dermatology, and infectious disease
centers, or the outpatient services offered by them lack the specialties or
volume capacity to meet the needs of the inmate patients. There are also
problems of contracted hospitals not having enough secure wards for
prisoners, some medical centers needing to set up guarded zones, and even
some prisoners found to be seeking outpatient services too frequently. After
investigation and subsequent follow-up by the Control Yuan, the Ministry of
Justice promulgated the Standards for the Establishment of Guarded Wards of
Entities Subsidiary to the Agency of Corrections in August 2019, a regulation
which shall serve as the legal ground for the establishment of secure wards by
the Ministry of Health and Welfare.
Aging of Prisoners
80.
The percentage of prisoners in Taiwan over 65 years old has increased from
1% in 2009 to 2.8% in 2019, i.e. an average annual increase of 11.2%, which
is even 8.5 times faster than the increase in Japan. This shows a sharp increase
in the aging of inmates in correctional institutions in Taiwan. The Ministry of
Justice should direct its subsidiary agencies to prepare the necessary policies
and facilities for senior medical care, education and everyday living as early
as possible, with professional assistance provided by the Ministry of Health
and Welfare.
Commutation of Sentence, Parole and Term Mitigation
81.
Concerning whether decrease of a sentence may apply in the circumstances
where part of several consecutive sentences has already been served while the
others are still running, the Judicial Yuan and Ministry of Justice reached
different opinions based on the 2007 Criminal Commutation Act. Addressing
one such application, the Prosecutor General of the Supreme Prosecutors
Office filed an extraordinary appeal with the Supreme Court (under 2019 FeiShang-Zi No. 236). However, the Supreme Court rendered its judgment, under
2020 Tai-Fei-Zi No. 69, holding that according to the resolution made by the
4th meeting of its Criminal Division in 2008, the ruling without question
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