Forensic Treatment of Mentally Disordered or Mentally Disabled Offenders
After the amendment and enactment of the Criminal Law in 2006, the custody of mentally-disordered or mentally-disabled offenders could be extended from three years to five years. Dangerousness to society becomes the requisite for the court to the decision of custody. Present statues place more emphasis therapeutic care than commitment. However, there is still much room for controversy on the appropriate site and the principle of custodial care. Meanwhile, this article presents the dilemma of the treatment of a person with a personality disorder, argues that offenders with intellectual or developmental disabilities should be appropriately committed within institutions but not psychiatric hospitals. The author suggests custodial care could be raised during the trial to facilitate the treatment and rehabilitation of the patient. The author also believes that the principle of proportionality should be applied to the practice of custodial care. Involvement of multi-disciplines, flexible treatment models, such as community treatment, and the therapeutic-justice principle that integrates criminal justice, mental health and special education, are promising directions for the rehabilitation of those mentally-disordered or mentally-disabled offenders.