P.R.C. Law on Detention Centers (Draft for Public Solicitation of Comments)

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【Issuing Department 】Ministry of Public Security
【Date of Issue】2017/6/15
【Sources】 http://www.mps.gov.cn/n2254536/n4904355/c5728120/content.html
【Comment Period】2017/7/15

Chapter I: General provisions

Chapter II: Detention Centers

Chapter III: Detainment

Reception into custody, transfer, and remote detainment

Section 2: Interrogation, Escort, and Transport

Section 3: Meetings and Communication with Defenders

Section 4: Handling of crimes, confession, and meritorious contribution by criminal suspects or defendants during the period of detainment

Section 5: Applications, appeals, complaints, accusations, and reports

Chapter VI: Release and transfer for enforcement

Chapter IV: Vigilance and watching over

Chapter V: Management

Section 1: Segregated Detention and Management

Section 2: Life and Health

Section 3: Meetings and Correspondence

Section 4: Education

Section 5: Reward and Punishment

Chapter VI: Supervision

Chapter VII: Legal Responsibility

Chapter VIII: Supplementary Provisions

 

P.R.C. Law on Detention Centers

(Draft for Public Solicitation of Comments)

Chapter I: General provisions

 

Article 1: [Legislative Purpose] This law is drafted on the basis of the Constitution so as to correctly implement criminal detainment, ensure that criminal proceedings are conducted smoothly, to prevent crime, and to respect and protect human rights.

Article 2: [The character of detention centers and the targets of detainment] Detention centers are the state organs for criminal detainment.

Criminal suspects or defendants who have been taken into custody or arrested shall be detained in detention centers.

Convicts who have lawfully been approved for the death penalty with immediate implementation by final review of the Supreme People's Court,shall be detained in the detention center prior to execution.

The detention centers are to implement [on behalf of the prisons] the criminal punishment of convicts sentenced to a fixed term of years who only have 3 months or less remaining before they are transfer for enforcement,and convicts sentenced to short-term detention are to have it enforced inside a detention center.

Article 3: [The tasks of detention centers] The task of detention centers is to vigilantly watch over, manage and educate, criminal suspects or defendants who have been detained; ensure that the investigating organs, procuratorates, trial organs, defenders, and other litigation participants conduct litigation activities in accordance with law; to ensure procedural rights and other lawful rights and interests of the criminal suspects or defendants; to transfer criminal suspects or defendants for enforcement, and to carry out the punishment of convicts whose criminal punishment is to be enforced by the detention centers.

Article 4: [Management Principles] Detention centers management of criminal suspects, defendants, and convicts, is to combine vigilant watching over with management and education, so that it is lawful and civilized.

Article 5: [The lawful rights and interests, and obligations, of detained persons] Detention centers shall ensure the lawful rights and interests of criminal suspects, defendants, and convicts in accordance with law.

Criminal suspects, defendants, and convicts shall obey laws, regulations, and the detention center's management provisions.

Article 6: [subordinate relationships] The State Council department of public security is in charge of detention center work for the entire nation. The public security organs of local people's governments at the county level or above are the competent authorities for detention center work within that administrative region.

Article 7: [Law-enforcement requirements] Detention centers carrying out the detainment of criminal suspects or defendants must strictly follow the relevant provisions of the Criminal Procedure Law and this Law.

Article 8: [Legal Supervision] People's procuratorates carry out legal supervision of detention centers' law-enforcement and management activities.

Detention centers shall pro-actively accept societal supervision.

Article 9: [government responsibility] All levels of people's government undertake the work of establishing and safeguarding detention centers.

Article 10: [Legal Protection] The normal order of detention centers' work must not be disrupted by any organization or individual. The people's police of detention centers lawfully performing their duties recieve legal protection.

 

Chapter II: Detention Centers

 

Article 11: [Setup] Detention centers are to be set up as necessary by people's governments at the county level or above. People's governments at the districted-city level may set up several detention centers as required by the amount of detention, and for separate detention and management.

Article 12: [Setup and disbandment procedures] The set up or disbandment of detention centers, is by application submitted by the public security organs of people's governments at the county level or above, upon review of the people's government of the same level, and approval upon reporting the provincial people's government and filing for the record with the Ministry of Public Security.

Article 13: [Infrastructure construction] The establishment of detention center infrastructure shall be included in the citizens' economic and social development plans and urban construction plans of the people's government at that level.

Article 14: [Construction Standards] The construction standards for detention centers will be formulated by the State Council Ministry of Housing and Urban and Rural Development,and the Ministry of Development and Reform, together with the Ministry of Public Security.

Article 15: [Building Requirements] Detention centers shall set up areas for holding criminal suspects, defendants, and convicts; for handling cases, reception and visitation, medical treatment, administrative office work, livelihood protections, police duty, armed police barracks, and other functions.

There may be no high-rise buildings within 100 meters of detention centers' perimeter walls.

Article 16: [Allotment of Equipment] Detention centers shall follow relevant national provisions to allot equipment such as weapons, police instruments, and for transportation, monitoring, communications, gathering information, audio-visual recording, technological defense, medical treatment, education, fire fighting, and livelihoods. The standards for allotment of equipment are to be drafted by the State Council Department of Public Security together with the State Council Ministry of Finance.

Article 17: [Meal standards for detainees] Criminal suspects, defendants, and convicts' meals implement material standards.

Article 18: [Cost Standards] Detention centers' public funds and maintenance fees for criminal suspects, defendants or convicts, shall be included in the financial budgets, and their standards are to be reviewed and set by the public security departments and finance departments of provincial level people's governments, and adjusted at appropriate times in light of changes in factors such as inflation.

Article 19: [Funding Guarantees] Detention centers' public funds and maintenance fees for criminal suspects, defendants or convicts such as for meals, medical treatment, miscellany, and clothing, are to be ensured by the people's governments of that level; operations fees and operations equipment fees are to be ensured by the central, provincial, and same level of people's government in accordance with the distinct region and their duties; expenses caused by infrastructure repairs are ensured by the same level of people's governments, and infrastructure construction investment is to be ensured by all levels of people's government on the basis of the distinct regions and duties.

Article 20: [Expense management] Detention center funds are managed through unit accounts, with funds spent as earmarked.

Article 21: [Medical Treatment Safeguards] Work on the medical care and hygiene of criminal suspects, defendants, and convicts shall be including in the local plan for disease prevention and control; local public hospitals and social medical establishments shall set up health centers and branch hospitals in detention centers to undertake medical treatment efforts.

Every region, city, prefecture, and league shall rely on the detention centers to establish a holding area hospital, with local hospitals or societal medical establishments undertaking disease treatment and medical healthcare work for criminal suspects, defendants, and convicts in that area's detention centers who have contracted AIDS, contagious diseases, or other serious illness, as well as for female criminal suspect or defendant who need to be detained but are pregnant or nursing their own child under the age of one-year old.

Chapter III: Detainment

 

Reception into custody, transfer, and remote detainment

 

Article 22: [Place of detainment] After criminal suspects or defendants are taken into criminal custody or arrested, the competent organ for the case shall have them send them to the area detention centers for detainment, and mark the beginning and end times for detainment on the custody or arrest warrant.

Article 23: [Documents for reception into custody] Detention centers are to receive criminal suspects or defendants into custody on the basis of a custody or arrest warrants, and note the time that the suspect or defendant arrived at the detention center on the custody warrant or arrest warrant.

For those who were not detained before a judgment or ruling but need to be detained after the judgment or ruling is made,the detention centers are to receive them into custody on the basis of an effective judgment decision, ruling, or arrest warrant.

Where the cases of convicts already transferred to prison to serve their punishment need to be retried, the detention center is to receive them into custody on the basis of the procuratorial counter-appeal filing or the people's court's retrial decision.

Where convicts already transferred to prison to serve their punishment need to be released and returned to detainment because new crimes were discovered of for investigation of other cases, the detention center is to receive them into custody on the basis of an official letter from the competent organs handling the case and supporting proofs from the prison.

Where county or higher level people's courts, people's procuratorates, public security organs, state security organs, or prisons are pursuing or escorting criminal suspects, defendants, or convicts, that need custodial transport, detention centers are to receive them into custody on the basis of a custody or arrest warrant, or a judgment decision and the official letter of the organ sending them for detainment.

Article 24: [remote detainment] Where remote detainment crosses administrative regions at the county level or above, detention centers are make reception into custody on the basis of the documents for reception provided in article 23, and approval formalities by the public security organ at the common level above the two regions.

Article 25: [requirements for sending to detention] When the competent organs for cases of crimes that endanger national security, terrorist activities or especially serious bribery cases, sends the criminal suspects for detainment, they shall inform the detention center in writing.

Article 26: [Receipt for Reception into Custody] After detention centers receive criminal suspects or defendants into custody, they shall issue a receipt for reception into custody to the competent organs for the case.

Article 27: [Intake Inspections] When detention centers receive criminal suspects or defendants into custody, they shall conduct an inspection of their person and personal items.

Where injuries are discovered on their bodies, the doctor based in the detention center is to ask about the reasons, make good records,and have the doctor, personnel delivering the detainee, and the criminal suspect or defendant sign it. Items that might be involved in the case are to be turned over to the personnel delivering the detainee; items that are not permitted in cells, but are not involved in the case, are to be held by the detention center.

The physical inspection of female criminal suspects or defendants is to be conducted by female staff.

Article 28: [Notice of Rights and Obligations] When detention centers receive criminal suspects or defendants into custody, they shall inform them in writing of the rights they lawfully enjoy and the management provisions they shall follow during the period of detainment.

Article 29: [Information collection] Detention centers receiving criminal suspects or defendants into custody shall collect their basic information.

Article 30: [Handling the discovery of situations making detainment inappropriate] Where detention centers discover that criminal suspects or defendants have any of the following circumstances, they shall recommend that the competent organ for the case modify the compulsory measures, except for those suspected of crimes seriously endangering society, where not detaining would be insufficient to prevent the occurrence of societal risks, as well as for self-inflicted injuries or impairment:

(1) those who suffer from a serious illness and whose life might be threatened while detained, or who cannot care for themselves;

(2) Pregnant women or those currently nursing their own infant that is less than one year old.

Where detention centers recommend that the competent organs for the case modify compulsory measures, they shall send a copy to the people's procuratorate.

After the competent organs for a case receives a detention center's recommendation to modify compulsory measures, they shall immediately review it. After the review, they shall promptly inform the detention center of the decision to maintain or modify the compulsory measures, and send a copy to the people's procuratorates.

Article 31: [Bookkeeping] Detention centers shall establish files of criminal suspects and defendants.

Article 32: [Change of custody, and modifications during detainment] Where, during the period of detainment, criminal suspects or defendants' place of detainment does not change due to changes in the stage of proceedings or change of jurisdiction over the case in the same stage of proceedings; the competent organs for the case shall deliver the credentials for change of custody to the detention center when they make this handover. Where, in a single phase of litigation, the competent organ for the case has not made a change, but the detainment period of for the criminal suspect or defendant has changed, the competent organ for the case shall send a written notice of the change of the period of detention to the detention center.

Where it has entered the Supreme People's Court's procedure for final review of death sentences, the High People's Court that transferred the case is to notify the detention center. Where the Supreme People's Court's remands for new trial, the people's court accepting the case is to notify the detention center.

Article 33: [Supervision of Extended detainment] Where the detainment of a criminal suspect or defendant exceeds the legally prescribed time period, the detention center shall report this to the people's procuratorate at the same level, and simultaneously send a copy to the competent organ for the case. The people's procuratorate shall issue a written notification for correction of illegalities to the competent organ for the case.

Article 34: [Review of Necessity of Detention] Where criminal suspects or defendants, or their legal representatives, close relatives, or defenders, submit an application for a review of the necessity of detention to the detention center, the detention center shall transfer the application materials to the people's procuratorate within 2 working days.

After the people's procuratorate receives the application, it shall promptly conduct a review of the necessity of detention, and inform the detention center in writing of the review conclusions.

Article 35: [Disposition of those that might be wrongly in custody or arrested] Where detention centers discover that criminal suspect or defendant might have been mistakenly taken into custody or arrested, they shall promptly inform the competent organ for the case to check and verify, and simultaneously send a copy to the people's procuratorate. The competent organ for the case shall notify the detention center and the people's procuratorate at the same level of the circumstances of the check and verification.

 

Section 2: Interrogation, Escort, and Transport

Article 36: [Completing interrogation credentials] On the basis of a custody warrant, arrest warrant, or detention transfer credential, as well as a people's court's decision or people's procuratorate's procuratorial counter-appeal complaint, detention centers are to affix a special a seal specially used for interrogation to the interrogation credentials of the competent organ for the case, and indicate the legally prescribed time for the beginning and end of the detainment.

Where in a single stage of proceedings, the competent organ for the case has not changed, but the detainment period of for the criminal suspect or defendant has changed, the detention center is to indicate the legally prescribed time for the beginning and end of the detainment on the interrogation credential, on the basis of the written notification of the modification of the detainment period.

Article 37: [interrogation requirement 1] Competent organs for a case that interrogate criminal suspects or defendants shall have interrogation credentials with the detention center's special seal for interrogations affixed, as well as valid work identification; where interrogation of criminal suspects or defendants is by those other than the competent organ for the case, they shall have the relevant documents from the competent organs for the case as well as valid work identification.

In death penalty review cases, the Supreme People's Court is to conduct on-site or remote video interrogation on the basis of a people's court's interrogation credentials of the first-instance or second-instance trial court. Where interrogation is on-site, the Supreme People's Court staff shall concurrently possess valid work identification.

The interrogation of juvenile criminal suspects or defendants shall have present their legal representative, other close family members, or a representative of their school, unit, basic level organization for their place of residence, or juvenile protection organization. There shall be female staff present for the interrogation of female juvenile suspects or defendants.

There must not be less than 2 interrogators.

Where these provisions are not complied with, as well as where the legally prescribed period for detainment indicated on the interrogation credentials is exceeded, the detention center shall refuse to arrange an interrogation.

Article 38: [interrogation requirement 2] Where the competent organ for the case conducts remote video interrogation, it shall assign two or more personnel to go to the detention center and handle interrogation formalities, and be present for the interrogation.

Article 39: [[interrogation requirement 3] Interrogations shall be conducted in the detention centers' interrogation room.

Where the person being interrogated appears abnormal during the interrogation, the interrogators shall immediately inform the detention center.

Article 40: [interrogation requirement 4] Detention centers arranging interrogations shall inform the interrogators to ensure the criminal suspect or defendant's food, drink and necessary time for rest, and record this in the case.

Article 41: Detention centers arranging interrogations shall inform the interrogators to ensure the criminal suspect or defendant's food, drink and necessary time for rest, and record this in the case. A simultaneous audio or visual recording may be made of the entire course of interrogation of a criminal suspect or defendant;and in cases that may receive a sentence of indeterminate detention or death, or in cases of other other major crimes, an audio or visual recording shall be made of the entire process.

Article 42: [interrogation requirement 6] At the completion of the interrogation, interrogators shall immediately inform the detention center's people's police to receive the criminal suspect or defendant into custody. After the time indicated for return to detainment on the interrogation credentials, the detention center's people's police are to return the interrogation credential to the interrogators.

Article 43: [Escort requirement 1] Those escorting criminal suspects or defendants outside of the center for litigation activities other than interrogation, shall have an approval document from the competent organs for the case, and valid transport personnel work identification.

Those escorting defendants outside of the center for trial at court shall have interrogation credentials and valid escort personnel work identification.

For every criminal suspect or defendant escorted there must be at least two escorting personnel.

Article 44: [Escort requirement 2] Where the competent organs for the case transport criminal suspects or defendants out of the center, the detention center shall conduct a physical inspection of the criminal suspect or defendant when they leave and return, and the transport personal are to sign and verify it; where injuries or personal items are found on their person, they shall be handled in accordance with the provisions of article 27 of this law.

Article 45: [Transport requirement 3] [sic] Armed transport shall be carried out for criminal suspects or defendants going for medical treatment outside the center, as well as for convicts being transferred for enforcement.

The livelihood of female criminal suspects, defendants, or convicts is to be managed by female people's police during armed transport.

 

Section 3: Meetings and Communication with Defenders

 

Article 46: [Documentary basis for lawyers visitation] Where defense lawyers holding a lawyers' professional license, proofs from a law firm, and a letter of representation or legal aid letter, request to meet with a criminal suspect or defendant, the detention centers shall promptly arrange it, and it must not exceed 48 hours at the latest.

During the investigation period for crimes endangering national security, terrorist activities, or especially serious bribery cases,defense lawyers meeting with criminal suspects shall also carry a written decision to permit it from the investigating organ.

Where defense lawyers need translators to participate in meetings with criminal suspects or defendants, they shall carry a written decision to permit from the competent organs for the case.

Article 47: [Documentary basis for visits with other defenders] Where other defenders request to visit with criminal suspects or defendants, they shall present a letter of retention, written permission from the people's court and people's procuratorate, and valid identification.

Article 48: [Handling parties' refusal of visits] Where criminal suspects or defendants refuse to meet with lawyers or other defenders, the detention center shall arrange for them to explain the explain the circumstances to the lawyer or other defender in person and sign a confirmation.

Article 49: [Time and location of meetings] Defenders meetings shall be arranged during the detention centers' working hours and be conducted in a lawyers' meeting room.

Article 50: [Meeting Safeguards] When defenders meet with criminal suspects or defendants, they are not to be listened in on, and the organ that is handling the case and the detention center must not appoint a person to be present.

So as to ensure personnel safety, detention centers may employ appropriate measures to conduct necessary visual monitoring of defenders' meetings, but with the limit that they must not be able to learn of the meetings' content.

Article 51: [Meeting requirement 1] Where defenders violate the laws or provisions on meetings during a meeting, the detention center shall stop it and, when necessary, end that meeting, and notify the competent organ for the case of the relevant circumstances, and report them to the people's procuratorate. Where the defender is a lawyer, the judicial administrative departments are to be notified of the situation at the same time, and the judicial administrative departments shall inform the detention center in writing of the disposition.

Article 52: [Meeting requirement 2] At the completion of the meeting, defenders shall immediately inform the detention center's people's police to have the criminal suspect or defendant received into custody.

Article 53: [Handling of parties' requests for meetings] Where criminal suspects or defendants submit a request to the detention center to meet with a defender, the detention center shall promptly inform the competent organ for the case.

Article 54: [Correspondence with defenders] Defense lawyers may send litigation materials to criminal suspects or defendants by mail or courier. Upon the approval of people's courts or procuratorates, other defenders may also send litigation materials to criminal suspects or defendants by mail or courier. Detention centers may conduct security inspections of letters and litigation materials.

Article 55: [Provision of Legal Assistance] Judicial administrative departments shall establish legal aid work stations in detention centers, so as to provide legal assistance to eligible criminal suspects or defendants. Detention centers shall provide necessary facilitation to judicial administrative departments.

 

Section 4: Handling of crimes, confession, and meritorious contribution by criminal suspects or defendants during the period of detainment

 

Article 56: [Handling of suspected crimes during the detainment period] Where criminal suspects or defendants exhibit any of the following conduct during the period of detention, and are suspect of committing a crime, the detention center is to transfer the case to an organ with jurisdiction, and inform the original competent organ for the case in writing.

(1) Escaping or organizing an escape;

(2) Striking people's police and staff;

(3) Assembling to cause a commotion, disrupting the normal order of supervision and management;

(4)Striking or physically punishing other criminal suspects or defendants or directing others to do so;

(5) Imparting criminal methods, or inciting others to commit crimes;

(6) other conduct involved in crimes.

Article 57: [Handling of voluntary surrender and meritorious contribution] Where criminal suspects or defendants exhibit any of the following acts of voluntary surrender and meritorious contribution, the detention center shall inform the competent organ for the case in writing.

(1) Truthfully confessing one's other suspected criminal conduct that the judicial organs had not understood;

(2) Revealing the suspected criminal conduct of others, that upon investigation proves true, or providing major leads, causing a break in the investigation of other cases.

(3) Successfully dissuading or stopping others from committing suicide or perpetrating unlawful or criminal activities;

(4) Other meritorious contributions.

Article 58: [Detention Centers' Cooperation in the Investigation of voluntary surrender and meritorious contribution] Where the competent organ for a case needs to conduct an investigation of criminal suspects or defendants' voluntary surrender or meritorious contribution, the detention center shall cooperate. The competent organ for the case shall notify the detention center in writing of the investigation, and request a ruling from the people's court in accordance with law.

Where defense lawyers request detention centers to collect evidence on criminal suspects or defendants' voluntary surrender or meritorious contribution, the detention center shall cooperate.

 

Section 5: Applications, appeals, complaints, accusations, and reports

Article 59: [Handling of applications for legal aid] Where criminal suspects or defendants apply to the detention center to hire a lawyer or for legal aid, the detention center shall transfer the application materials to the competent organ for the case within 24 hours.

Article 60: [Appeals] Where defendants submit oral appeals, the detention center shall complete a record and transfer it to the first-instance trial court within 3 days. Where defendants hand over a complaint and other materials for an appeal, the detention centers shall transfer them to the first-instance trial court within 3 days.

Article 61: [Complaints] Detention centers shall establish systems for investigating and handling complaints by criminal suspects or defendants,and set up complaint boxes to receive complaints, accusations, or reports from criminal suspects or defendants. Criminal suspects or defendants may make appointments to see the detention center's responsible person or resident procurator, and may also directly make complaints, accusations or reports to the detention center's people's police.

Detention centers shall promptly handle complaints, accusations, and reports by criminal suspects or defendants, and inform the complainant of the handling.

Article 62: [Accusations and reports] Where criminal suspects or defendants submit complaints or accusations, within 5 working days, the detention centers shall transfer the relevant materials to the relevant departments for handling.

Where criminal suspects or defendants submit accusations or reports to the public security organs or people's procuratorates, the public security organs or people's procuratorate shall promptly investigate and verify it, and inform the detention center in writing of the handling outcomes, and the detention center s to inform the parties. Where the content of an accusation or report involves the detention center and it's police, the public security organs and people's procuratorate are to directly inform the party.

 

Chapter VI: Release and transfer for enforcement

 

Article 63: [Release] Where there has been a notification of release of a criminal suspect or defendant by a people's court, people's procuratorate,public security organ or state security organ, the detention center shall release the criminal suspect or defendant on the basis of the written release notification, and issue them a certificate of release.

Article 64: [transfer for enforcement of the death penalty] For convicts who have been sentenced to death with immediate enforcement, the detention center is to transfer them to the people's court for enforcement, on the basis of a valid judgment, ruling, or enforcement notification,from the people's courts.

Article 65: [transfer for enforcement of punishments] For convicts sentenced to death with a two-year suspension, indeterminate detention,as well as those sentenced to fixed-term detention with three months or more remaining; the detention centers shall transfer them to the prison or juvenile correctional facility for enforcement of punishment within 1 month of receiving the effective judgment, ruling, enforce notice, case closure registration form, or other such legal documents, from the people's courts.

 

Chapter IV: Vigilance and watching over

 

Article 66: [Armed Security 1] People's armed police forces based in detention centers undertake the detention centers' perimeter security and assist in efforts such as custodial transport and pursuit. Their tasks are to implement sealed perimeter security; to prevent criminal suspects, defendants, and convicts' escape; to stop criminal suspects, defendants, and convicts' violence, destruction, disturbance and riots; to prevent and combat criminal activities such as attacks on the detention centers and abduction of criminal suspects, defendants, and convicts; to assist the detention center in armed transport and pursuits; and to prevent and respond to fires and accidents.

Detention centers carry out regular operational guidance over people's armed police forces based in the detention center.

Article 67: [Armed Security 2] The security zone extends 10 feet from the detention center perimeter wall, and must not be entered by any person without permission.

Article 68: [Cooperation with armed police] Detention centers shall establish systems for communication with people's armed police forces based in the detention center.

Article 69: [Security Monitoring]Detention centers shall implement security monitoring in areas that criminal suspects or defendants might access, such as holding areas, offices, and meeting areas. Security monitor recordings are to be retained for at least 3 months.

Article 70: [Systems for entering and exiting holding areas] Detention centers shall establish systems for monitor patrols and entering and exiting holding areas.

Article 71: [Use of restraints] Detention centers shall use restraints on criminal suspects or defendants in any of the following circumstances:

(1) have been sentenced to death and might be dangerous;

(1) have been sentenced to death and might be dangerous;

(3) Seriously violate management provisions, threatening the order of supervision and management;

(4) While leaving the center for medical care, interrogation, trial, escort, custodial transport,

(5) Other situations where restraints shall be used.

Where restraints need to be used under items (2),(3),and (5) of the preceding paragraph, it shall be upon approval of the detention center leaders. Where it is necessary to use restraints in an emergency situation, a report be made after they are used.

The use of restraints shall be limited to prevention of danger, and removed immediately when the situations described above have dissipated.

Article 72: [Temporary protective restraints] Detention centers may employ temporary protective restraining measures against criminal suspects or defendants mental and behavioral abnormalities who seriously endanger security and the physical safety of others.

Article 73: [Use of weapons] Where detention centers' people's police and people's armed police forces based in detention centers need to use weapons, it is to be done in accordance with relevant provisions.

 

Chapter V: Management

 

Section 1: Segregated Detention and Management

 

Article 74: [Compulsory Segregation of Detainment and Management] Detention centers shall carry out segregated imprisonment and management of adults and juveniles, criminal suspects or defendants in a joint crime, criminal suspects or defendants whose cases are not handled together but whose crimes are connected in fact, and so forth.

An independent detention center or holding area shall be set up for female criminal suspects or defendants, to be managed by female people's police.

Criminal suspects or defendants who have contagious diseases shall be held in isolation.

Article 75: [Principles of management for juveniles and women] Management methods appropriate for the physical and psychological characteristics of juvenile or female criminal suspects or defendants shall be employed for them.

Article 76: [Care for Mothers and Infants] Criminal suspects or defendants who are nursing their own child that is less than one year old may bring the child into their cell for nursing.

After the child is one year old, the competent organs for the case shall give the child to other guardians in the household. Where there is no way to find other guardians or the guardians are unwilling to accept them, the relevant organs for the case shall give the child to the local social welfare organization.

Article 77: [Indicative of Segregated Detainment and Management] In light of the circumstances, imprisonment and management is to be segregated by criminal suspects or defendants for violent and non-violent crimes, intentional and negligent crimes, first offenses and recidivists, sex offenses and other offenses, and so forth.

Article 78: [transitional management] Detention centers shall establish transitional management systems, carrying out transitional management for criminal suspects or defendants newly received into custody.

Detention centers may set up special holding areas or cells to carry out centralized transitional management

Article 79: [risk assessment] Detention centers shall establish systems for security risk assessment of criminal suspects and defendants,assessing them on the basis of factors such as the nature of the alleged crime, character traits, psychological traits, health condition,and their actual dangerousness, and carry out differentiated imprisonment and management.

Solitary confinement may be implemented for criminal suspects or defendants who possess an exceptionally large security threat. Solitary confinement is not applied to juveniles.

 

 

Section 2: Life and Health

 

Article 80: [Respect for dietary customs] Detention centers shall respect the ethnic dietary customs of criminal suspects or defendants.

Article 81: [Clothing and Bedding Supplies] The clothing and bedding of criminal suspects or defendants is to be uniformly distributed by detention centers.

Article 82: [Outdoor activities and rest] Detention centers shall establish daily life systems for criminal suspects or defendants, ensuring their necessary rest time. When whether permits, ensure they have at least 2 hours of monitored outdoor activity per day.

Article 83: [Principle for Organizing Labor] Detention centers must not compel criminal suspects or defendants to engage in production labor. Where participation in labor is voluntary,proper compensation shall be given.

Article 84: [Treatment of Illness] Criminal suspects or defendants that areill shall be promptly given treatment; those that need to leave the center to receive treatment shall do so upon the permission of the head of the detention center; where they are diagnosed by a hospital as needing residential care in the local hospital, the detention center shall inform the competent organ for the case in writing, and the competent organ will carry out care, and, based on the circumstances, notify their family; after recovery, they will be sent to the detention center for detainment.

Article 85: [Assurances of medical treatment for women who are pregnant or nursing their own children] The administrative departments for medical care and health shall appoint specialized medical personnel to be responsible for maternal care and other medical and healthcare work for criminal suspects or defendants who are pregnant or nursing their own child that is less than one year old.

One month before delivery, the detention center shall notify the competent organs for the case to bring pregnant women to the hospital to await delivery, and the competent organs are to carry out care, and have the infant born in a hospital outside the detention center. Where, as a result of urgent circumstances, a child is born in a detention center,the place of birth shall not be entered onto the birth certificate.

Article 86: [deliveries] Property sent to criminal suspect or defendant by their family and friends, or the staff of their nation's embassy or consulates, shall go through detention center inspections.

Article 87: [Property Storage] Detention centers shall establish systems for keeping the personal items of criminal suspects or defendants, and returning them when a criminal suspect or defendant departs.

Article 88: [Verification and notification of deaths] Where criminal suspects or defendants die, the detention center shall immediately report it to the public security organ and people's procuratorate for that level, and notify the competent organs for the case, and the deceased's family. The people's procuratorate at the same level as the public security organ in charge of the detention center shall make an evaluation of the cause of death, and notify the detention center and the deceased's family of the evaluation conclusions in writing, Where the deceased's family has doubts about the evaluation conclusions, they may entrust a qualified forensic evaluation body to conduct a new evaluation.

Article 89: [Disposition of Remains] After the cause of a criminal suspect or defendant's death is clear, the body shall be cremated within 15 days. The deceased's family shall be notified before the body is cremated. Disposition of the bodies of deceased ethnic minority or foreign national criminal suspects or defendants shall respect their ethic customs.

Where the close relatives of deceased criminal suspects or defendants request a delay of the cremation, they shall submit an application to the people's procuratorate that made the evaluation of the causes of death.

Article 90: [Compensation and Assistance for deaths] Where detention centers or their staff violate the lawful rights and interests of criminal suspects or defendants, compensation shall be given in accordance with the 'National Compensation Law of the P.R.C.", and the public security organs in charge of the detention center is the organ with the obligation to compensate, bearing responsibility for state compensation in accordance with law.

Where it is not within the scope of state compensation, but the deceased criminal suspect or defendant's family has true difficulties and qualifies for assistance, the relatives may apply for assistance to the civil affairs departments.

 

Section 3: Meetings and Correspondence

 

Article 91: [relatives' visits and correspondence] Criminal suspects or defendants may visit and correspond with their close relatives and guardians. Visits may be in person, and may also be by video.

Visits and correspondence between criminal suspects and their close relatives or guardians shall be upon the permission of the competent organs for the case where the case is still in the investigation phase,as well as where foreign nationals, ethnic minority, or deaf-mute criminal suspects need interpreters to be present; and they competent organs are to appoint people to be present in light of the circumstances.

Article 92: [Circumstances in which visitation and correspondence may be stopped] Detention centers may stop visitations with relatives and guardians by criminal suspects or defendants who seriously violate management provisions.

Article 93: [visits from embassies and consulates] Foreign national criminal suspects or defendants visitation with their nation's embassy or consular staffs, or where foreign embassy or consular staff requests to visit with foreign national criminals suspect or defendants, shall be submitted to the competent organs for the case, and the detention center is to make arrangements based on the competent organs written notification.

Article 94: [Handling parties' refusal of visitation by close family] Where criminal suspects or defendants refuse visits and issue a written statement, the detention center is not to arrange the visit.

Article 95: [Language of visitation and correspondence] When ethnic minorities and foreign national criminal suspects or defendants have visits or correspondence, they may use their own ethnic or national written and spoken languages.

Article 96: [Handling serious illness or death of close family members] When the spouse, parents, or children of criminal suspects or defendants are critically ill or die, upon the consent of the competent organs for the case and the permission of the head of the detention center, they may return home to visit, with the competent organs for the case transporting them.

Article 97: [handling of letters] Detention centers shall conduct inspections of letters received by criminal suspects or defendants, and where discovering that they might impact detention center security, shall withhold them.

Letters written by criminal suspects or defendants to the organs in charge of the detention center and judicial organs are not inspected, and must not be seized by the detention center.

 

Section 4: Education

 

Article 98: [Content of Education] Detention centers shall establish educational systems, carrying out education for criminal suspects or defendants such as on the legal system, morality, culture, rights, and obligations.

Article 99: [Principles for Education] Detention centers conducting education of criminal suspects or defendants adhere to the principles of tailoring education to the students and persuasive reasoning; and use methods combining collective education and individual education, and combining education in the detention center and in the community.

Article 100: [Targeted Education] Detention centers shall carry out differentiated, targeted education for criminal suspects or defendants newly received into custody, and at different stages of proceedings.

Article 101: [Protection of minors] Detention centers shall incorporate the physiological and psychological characteristics of juveniles to conduct education by employing methods and content different from that for adults.

Article 102: [cultural and athletic activities] Detention centers may organize appropriate cultural and athletic activities for criminal suspects or defendants,ensuring security and the that criminal proceedings will not be impacted.

Article 103: [Psychological intervention] Detention centers shall organize publicity on mental hygiene knowledge for criminal suspects or defendants, pay attention to the state of their mental health, and when necessary, may provide psychological consultation and counseling.

Article 104: [Societal education obligations] Detention centers may invite relevant organs, groups, troops, enterprises, or public institutions, as well as the relatives of criminal suspects or defendants, to assist the detention center in completing education work for criminal suspects or defendants

 

Section 5: Reward and Punishment

Article 105: [Establishment of an evaluation system] Detention centers shall establish systems for routine evaluation of criminal suspects or defendants, and have the evaluation outcome be the basis for rewards and punishment of criminal suspects or defendants. The evaluation shall concurrently be transferred to the people's court with jurisdiction for the case, and the criminal punishment enforcement organ, to be a discretionary sentencing reference and entered into their convict evaluations.

Article 106: [Awards] In any of the following circumstances, criminal suspects or defendants shall be given commendations or merits.

(1) Followed detention center provisions, complied with management, good performance;

(2) Did work benefiting the maintenance of order and ensuring security in the detention center.

(3) other positive performances.

Article 107: [punishment] In any of the following circumstances, criminal suspects or defendants shall be given warnings or demerits.

(1) being unreasonably troublesome and not complying with supervision and management;

(2) Intentionally destroying public or private property, or forcibly converting others' property;

(3) Bullying or badgering other criminal suspects or defendants;

(4) forming gangs, provocation and causing disturbances [picking quarrels], fighting;

(5) Other conduct violating management.

Article 108: [Procedures for rewards and punishments] Commendations and merits, or warnings and demerits, for criminal suspects or defendants, are submitted by the people's police of the detention center and reported to the head of the detention center.

Article 109: [The use of reward and punishment outcomes] Rewards and punishments for criminal suspects or defendants shall be included in their evaluations.

Chapter VI: Supervision

 

Article 110: [Content of Legal Supervision] People's procuratorates shall conduct legal oversight of the following activities of detention centers, and where discovering that detention centers have unlawful circumstances, shall submit a corrective opinion:

(1) receipt into custody; change of custody;

(2) Detainment of criminal suspect or defendants;

(3) Arranging interrogation, escorts, and lawyers meetings;

(4) Use of police implements, restraints, and weapons;

(5) Enforcement of judgments and rulings;

(6) Enforcement of criminal penalties;

(7) Release and transfer for enforcement;

(8) Other law-enforcement activities.

Article 111: [Legal Supervision Procedures] Detention centers shall make corrections within five working days of receiving a people's procuratorate's corrective opinion, and inform the people's procuratorate of the outcome; where there are objections to the people's procuratorate corrective opinion, a written submission for a reconsideration is to be submitted to the people's procuratorate within 2 working days, and the people's procuratorate shall conduct a reconsideration within two working days, and inform the detention center in writing of the outcome of the reconsideration

Where the detention center still objects to the reconsideration conclusions, it may apply for review to the people's procuratorate at the level above. The people's procuratorate at the level above shall promptly review and send down a written review opinion. detention centers shall handle matters in accordance with the people's procuratorate's review opinion.

Article 112: [Social Supervision 1] Detention centers shall proactive disclose procedures for handling matters and the means of oversight, accepting social supervision.

Article 113: [Social Supervision 2] Detention centers shall hire law-enforcement oversight personnel, and establish systems of patrols by oversight personnel.

Article 114: [Social Supervision 3] Detention centers shall periodically invite people's congress delegates and members of political consultative conferences, to inspect the detention centers, accepting supervision of the people's congresses and political consultative conferences.

 

Chapter VII: Legal Responsibility

Article 115: [Legal responsibility of detention centers] Where detention centers' people's police derelict their duties in the performance of supervision and management, they shall be given sanctions, where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 116: [The legal responsibility of People's Procuratorates] Where procurators of the people's procuratorates do not perform legal supervision duties over law-enforcement and management activities that occur in detention centers,or derelict their duties, they shall be given sanctions; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 117: [Legal Responsibility of the competent organs for cases] Where the personnel of the competent organs for cases violate the provisions of this Law in performing their jobs, violating the lawful rights and interests of criminal suspects or defendants, or causing them to escape or die abnormally, they shall be given sanctions; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 118: [The legal responsibility of defenders] Where defenders violate provisions of law in serving as a defender, or violate the provisions on meetings, the people's government's judicial administrative department is to give sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 119: [The legal responsibility of criminal suspects, defendants, and convicts] Where criminal suspects, defendants, and convicts resist supervision and management or escape legal sanctions by means such as harming themselves, disabling themselves, or suicide, they bear full responsibility themselves. Where undermining supervision and management order or violations of others' lawful rights and interests constitutes a crime, criminal responsibility is pursued in accordance with law.

 

Chapter VIII: Supplementary Provisions

 

Article 120: [Set up of other detention centers] Provincial, autonomous region, or directly governed municipality state security organs may set up detention centers as needed.

The military guard system may set up detention center as needed. The Central Military Commission is to draft provisions on the management of military detention centers on the basis of this Law.

Article 121: [enforcement of criminal punishment in the center] The State Council public security department is to draft management measures in accordance with relevant laws and administrative regulations, for the lawful supervision and management of convicts in detention centers.

Article 122: 【警械制定】 The types and standards for police implements and restraints used by detention centers are to be drafted by the State Council departments of public security.

Article 123: [calculation determinations] As used in this Law, "and higher" [or more], "and lower" [up to], and 'within' all include that level or number.

Article 124: [Effective Date] This Law shall take effect on xx-xx-xxxx.

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