In response to the implementation of Taiwan’s new mechanisms in 2022—such as custodial protection, temporary placement, and diversified treatment measures—the treatment and disposition of justice-involved persons with psychosocial disabilities have changed in both criminal procedure and practice on the ground.
To monitor the human rights impact of these reforms, the National Human Rights Commission (NHRC), Taiwan, formed the Task Force on the Treatment of Justice-Involved Persons with Psychosocial Disabilities in January 2022. The Task Force examines human rights risks faced by justice-involved persons with psychosocial disabilities across the judicial, correctional, health, and social welfare systems, with the goal of proposing policy improvements and legislative recommendations to bring Taiwan’s framework into closer alignment with international human rights standards, including the Convention on the Rights of Persons with Disabilities (CRPD).
In parallel, the NHRC commissioned an interdisciplinary research team led by Professor Li-Ching Chang (National University of Kaohsiung) to conduct a comparative review of legal frameworks governing custodial protection in Taiwan, Germany, Japan, the United Kingdom, and the United States, as well as a preliminary analysis of Taiwan’s court judgments. This work was completed in November 2022. The NHRC Commissioners and staff, accompanied by experts, also undertook a visit to Japan from November 7–11, 2022, to better understand Japan’s treatment and supervision system, facility operations, resource allocation, and stakeholder perspectives.
To further assess implementation challenges after the reforms took effect, the Task Force reviewed court decisions on temporary placement and custodial protection, identified recurring institutional issues, and held four seminars (June–August 2023) to consolidate multi-stakeholder views. This project report summarizes key findings and provides recommendations as a reference for phased policy improvement and legislative reform.