IX) Equality and Non-Discrimination for Prisoners and Rehabilitated Offenders

No. Action Competent Authority Timetable Key Performance Indicator

medical institutions to reference and use.

98 Organize training courses for medical interpreters. Ministry of Health and Welfare 2022-2024 Each year, more than one foreign language is selected for a medical interpreter training course. To ensure the teaching quality of the course, each course is limited to 15 trainees.

(IX) Equality and Non-Discrimination for Prisoners and Rehabilitated Offenders 1. Improve medical human rights in prisons

Since the implementation of the 2nd Generation of the NHI in 2013, the National Health Insurance Administration of the Ministry of Health and Welfare has formulated plans for medical treatment in correctional facilities, bringing medical care and healthcare in correctional facilities into the fold of the social structure so that local medical institutions can provide stable medical services in correctional facilities. Inmates can receive treatment in correctional facilities and receive healthcare with the same standard as the general public. This improves the accessibility and convenience of inmates to obtain medical resources. As of 2021, 54 correctional facilities across Taiwan all have hospitals providing medical services. Also, according to Article 49 of the Prison Act amended in December 2019, the central and local health authorities should assist prisons in managing inmates’ medical treatment, preventive healthcare, screening, prevention of communicable diseases, and food hygiene, to improve the medical standards in prisons. Additionally, private resources are utilized to subsidize inmates with HIV who meet certain qualifications (e.g., the economically disadvantaged) to get dentures. There is also the Baby Teeth Program, which provides dental and healthcare services for the children of inmates to protect inmates’ right to health and children’s rights.

2. Improve the forensic psychiatric assessment system

To improve the qualifications, abilities, identification methods, and credibility of the professionals providing assessments in the current criminal trial appraisal system to strengthen the neutrality and impartiality of assessments and implement the directive

“discuss the formulation and improvement of the expert witness system, and at the same time review the deficiencies of the current appraisal system and its potential abolishment” issued by the National Conference on Judicial Reform. Amendments to certain articles in the Code of Criminal Procedure were drafted. These amendments include that appraisers should have professional skills. Appraisal reports should include a sufficient foundation, as well as reliable principles and methods; the defendant may appoint their own appraiser; the person who conducted the appraisal shall be named in the written report; the appraiser should appear in court for cross-examination; the court may select experts and scholars to state their opinions regarding legal opinions; polygraph results that cannot be reproduced cannot be used as evidence to determine the existence of criminal facts. The draft was submitted to the Legislative Yuan for deliberation on August 31, 2021. In addition, the Ministry of Health and Welfare also assists the Judicial Yuan and the Ministry of Justice to complete the accreditation of medical institutions and specialists for forensic psychiatry, and continues to cultivate medical professionals for forensic psychiatry.

3. Set up a forensic psychiatric hospital

To enable offenders with psychiatric disorders to receive professional assessment, treatment, and other medical assistance throughout judicial procedures and declaration of guardianship; plans were made to establish a forensic psychiatric hospital with equal emphasis on judicial monitoring and medical treatment, introducing resources such as professional medical treatment, social work counseling, occupational therapy or psychological counseling to provide good medical care for mentally ill offenders. Security hardware facilities and training of security personnel are also strengthened to strengthen the cooperation between criminal justice and mental health, establishing a professional and humanizing mode of appropriate treatment, helping mentally ill offenders to reintegrate into society, and using clinical research experience and results to prevent more crimes due to mental illness, effectively achieving the purpose of keeping society safe; the Ministry of Health and Welfare is in charge of providing psychiatric health care, while the Ministry of Justice handles matters such as adjudication, execution of orders, guardianship, and the transferring inmates to the community after the guardianship is over.

4. Protecting inmates’ rights and interests

In order to protect the rights and interests of inmates, in 2020, the Ministry of Justice announced amendments to the Prison Act, Detention Act, and relevant delegated legislations to stay in line with international trends, strengthen protection of inmates’

human rights, establish a system for inmates’ complaints and judicial remedy system, promote the modernization of prison administration, and improve management efficiency.

5. Employment discrimination against rehabilitated offenders

In order to solve the problem of the difficulty of rehabilitated offenders to find employment, Article 24 of the Employment Service Act clearly stipulates that a plan should be formulated for rehabilitated offenders to help them find employment. In addition, in order to improve the problem of employment discrimination against rehabilitated offenders, the Taiwan After-Care Association connects friendly social resources to establish a network of affiliated companies that facilitate the employment of rehabilitated offenders and regularly commend them for good behavior. Inmates and rehabilitated offenders who are discriminated against by employers on the basis of one of the 18 aspects named in Item 1, Article 5 of the Employment Service Act, or are asked to provide private information that is not necessary for employment, may file a complaint with the local government to protect their employment rights.

No. Action Competent Authority Timetable Key Performance Indicator

99 The plan for the

National Health

Insurance to provide insured subjects admitted to correctional institutions is in its 3rd phase. 34 teams of healthcare professionals from 112 institutions now continue to provide stable medical services for inmates.

100 Establish a comprehensive forensic psychiatric Ministry of Justice 2020-2024 1. Medical accessibility: If the inmate suffers from an acute illness, they shall be sent to an outside hospital for emergency medical treatment. Ensure the timeliness of consultations and establish principles for waiting times. 2. Medical care capacity: Establish the maximum service capacity for each clinic as a reference for additional appointments.

Ministry of Health and Welfare 2022-2024 1. Cooperate with professional associations to complete the selection of forensic psychiatrists,

No. Action Competent Authority Timetable Key Performance Indicator

assessment system. and provide references for local prosecutors’ offices and courts.

101 Plan the establishment of a forensic psychiatric hospital and to improve the comprehensive custody system.

102 Develop regulations for detention in juvenile correctional institutions. 2. Complete investigation of forensic psychiatric appraisal institutions, training courses for appraisal personnel, and a certification system for appraisal personnel.

Ministry of Justice, Ministry of Health and Welfare

Ministry of Health and Welfare 2022-2024 Cross-departmental collaboration to establish at least 1 forensic psychiatric hospital (forensic psychiatric ward) as an appropriate place for custody.

2022-2024 Train forensic psychiatric medical professionals, and conduct training for at least 100 people every year.

Ministry of Justice 2024 Establish (amend) and issue the Regulations on the Implementation of Detention in Juvenile Correctional Institutions and relevant delegated legislations.

No. Action Competent Authority Timetable Key Performance Indicator

103 Facilitate employment for rehabilitated offenders. Ministry of Justice 2022-2024 Supervise the Taiwan After-Case Association, continue to deepen collaborations with employment service agencies, handle various employment services, and assist rehabilitated offenders in reducing obstacles and finding employment smoothly. 5,000 people are expected to benefit from these services each year.

Ministry of Labor 2022-2024 1. Assist rehabilitated offenders to find employment. The number of employment service referrals is expected to reach 5,000 each year.

2. Provide pre-employment training to 150 unemployed rehabilitated offenders each year.