Community Corrections Law of the P.R.C. (Draft for Solicitation of Comments)

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Chapter I: General Provisions

Article 1: This law is drafted so as to regulate community corrections efforts, to correctly enforce criminal punishments, to help persons in community corrections successfully return to society, and to prevent and reduce crime.

Article 2: This law applies to the implementation of community corrections activities of supervision and management, education and aid, for convicts sentenced to controlled release, declared under a suspended sentence, paroled or temporary serving their sentence outside of prison (hereinafter “persons in community corrections").

Article 3: Community corrections efforts adhere to the principles of combining supervision and management, combining professional organizations and social forces, and combining public safety safeguards and the preservation the persons in community correction s' lawful rights and interests.

Article 4: The judicial administrative departments of the State Council are primarily in charge of the nation's community corrections work. The judicial administrative departments of local people's Governments at the county level or above are responsible for the administration of community corrections within that administrative region.

The people's courts, people's procuratorates, public security organs and other relevant departments , within the scope of their duties, divide work and responsibility, coordinate and cooperate, and jointly complete community corrections work.

Article 5: Residents' committees and villagers' committee shall lawfully assist community corrections establishments in completing community corrections work.

The family members, guardians and guarantors, of persons in community corrections, and their workplace or school, have an obligation to assist community corrections establishments complete community corrections work.

Article 6: The State encourages social forces such as enterprises and public institutions, social organizations and social workers, and volunteers to participate in community corrections. 

Article 7: Personnel of community corrections establishments are to lawfully carry out community corrections activities in accordance with law, are protected by law. 

Personnel of community corrections establishments shall strictly abide by the Constitution and the laws, be dedicated to their duties, impartially enforce the law, follow strict discipline, and be honest and clean.

Article 8: Persons in community corrections shall abide by the laws, administrative regulations and the relevant provisions of community corrections establishments, and follow management and accept education.

Persons in community corrections lawfully enjoy personal rights, property rights and other rights that have not been removed or restricted, and these are not to be infringed. Where the legitimate rights and interests of persons in community corrections are infringed, they have the right to submit petitions, accusations or reports.

Article 9: All levels of people's government shall include community corrections funding in that level government's budget. 

Funds needed for residents' committees and villagers ' committees assistance of community corrections establishments work, are to be paid from the funding of community corrections.

Chapter II: Procedures for the implementation of community corrections

Article 10: people's courts that have lawfully given a sentence of controlled release, announced a suspended sentence, ruled for parole or made a decision for the temporary service of a sentence outside of prison; and prison management organs or public security organs that have lawfully approved a convict's temporary service of sentence outside of prison (hereinafter community corrections decision-making organs) make the decision to implement community corrections for a convict.

Community corrections are implemented at the persons in community corrections place of residence. Community corrections decision-making organs may retain community corrections establishments or residents' committees and villagers' committee and other such organizations, conduct investigations and appraisals fo the convicts' dangerousness to society and impact on the community.

Article 11: Community corrections decision-making organs shall inform the community corrections establishment for the area of enforcement within 3 days of a judgment, ruling, or decision taking effect, and deliver the relevant legal instruments within 10 days, sending a copy to the people's procuratorate at the same time.

Persons in community corrections that have been sentenced to controlled release, given a suspended sentence, give a parole ruling by a people's court, shall report to the community corrections establishment for the place of enforcement within 10 days of the judgment or ruling taking effect.

Persons in community corrections that have had a people's court decide they will temporarily serve their sentence outside of prison, are to be transferred to the community corrections establishment by the detention center or the public security organ enforcing release on guarantee or residential surveillance, within 10 days of receiving the decision.

Persons in community corrections that have had a prison management organ or public security organs approve their temporary service of sentence outside of prison , are to be transferred to the community corrections establishment by the detention center or the public security organ enforcing release on guarantee or residential surveillance, within 10 days of receiving the approval.

Article 12: Community corrections establishments receiving persons in community corrections, shall check legal documents, verify their identity, register their reception, and establish an archive; and make an announcement to the community where the community corrections site is located of the facts of the persons in community corrections' crime, the period for enforcing community corrections and rules that they are to be followed.

Article 13: Community corrections establishments carry out evaluations, rewards and punishments based on persons in community corrections' performance. Community corrections establishments shall give praise to persons in community corrections that admit guilt and repent, comply with laws and regulations, follow supervision and management, accept education, and have outstanding performance. Where persons in community corrections violate laws or regulations, the community corrections establishments shall give a warning in accordance with the relevant provisions.

Article 14: Where persons in community corrections meet the Criminal Law's conditions for sentence reductions, the community corrections establishment shall make a sentence reduction recommendation to the people's court, and send a copy of the recommendation to the people's procuratorate. 

Where people's courts rule to reduce the sentence, a copy of the written ruling to reduce the sentence shall be sent to the community corrections establishment, with copies also sent to the people's procuratorates and the public security organs at the same time.

Article 15: Where persons in community corrections meet the Criminal Law's conditions for revoking a suspended sentence or parole, the community corrections establishment shall make a recommendation to the people's court to revoke the suspended sentence or parole, and send a copy of the recommendation to the people's procuratorate. 

Where people's courts rule to revoke a suspended sentence or parole, a copy of the written ruling to reduce the sentence shall be sent to the community corrections establishment, with copies also sent to the people's procuratorates and the public security organs at the same time.

Article 16: Where persons in community corrections who are temporarily serving their sentence outside of prison have circumstances for which the Criminal Procedure Law provides they should be taken into custody, the community corrections establishments shall make a recommendation that they to be taken into custody for enforcement to the people's courts or prison management organ and public security organs, and a copy is to be sent to the people's procuratorate.

Where the community corrections decision-making organ decides to take them into custody for enforcement, a copy of the decision to take them into custody shall be sent to the community corrections establishment, with copies also sent to the people's procuratorates and the public security organs at the same time.

Article 17: Where it is decided to take into custody persons in community corrections who have had a suspended sentence, parole, or temporary service of sentence outside of prison announced; the public security organs shall immediately detain them and transfer them to the prison or detention center.

Where persons in community corrections are at large, the public security organs are responsible for pursuing them, and the community corrections establishment is to assist.

Article 18: Where persons in community corrections' period for corrections is completed, the community corrections establishment shall publicly declare them released from community corrections, and issue the persons in community corrections with a written release from community corrections, and give written notice to the relevant people's courts, people's procuratorates, prisons, detention centers, and public security organs enforcing the community corrections.

Article 19: Where persons in community corrections die while in community corrections, the community corrections establishment shall promptly give written notice to the community corrections decision-making organ, the people's procuratorate, and public security organs in writing.

Chapter III: Supervision and Management

Article 20: Community corrections establishments shall determine a corrections group for persons in community corrections, and assist the community corrections establishments in the supervision and administration efforts.

Corrections groups consist of community correction establishment staff; staff of residents' committees or villagers' committees; family members, guardians, or guarantors of the persons in community corrections; staff from their unit or school; social workers, volunteers, and so forth. Where the persons in community corrections are female, the corrections group should have female members.

Article 21: During the community corrections period, persons in community corrections shall abide by the laws, administrative regulations and the State Council judicial administration department's supervision and management provisions such as on reporting, receiving guests, going out, relocation, release on medical parole, as well as the people's courts' prohibition orders. 

Article 22: Where persons in community corrections leave the city or county of their residence, or move house, they shall report to the community corrections establishment for approval; and where it is necessary to change the place of enforcement for community corrections, community corrections establishments shall make the decision after consultation with the new location's community corrections establishments.

Where community corrections establishments have decided to change the place of enforcement, they shall send a copy copy of the change decision to the people's courts, people's procuratorates, public security organs and the new enforcing community corrections establishments; and the community corrections establishments for the new location shall sent copies of the relevant legal documents to the local people's courts, people's procuratorates and public security organs.

Article 23: Community corrections establishments may use methods such as site visits, making contact, and making inquiries to the community, to learn about and verify the activities of the persons in community corrections, and the relevant units and individuals shall cooperate.  Electronic position of persons in community corrections that meet requirements may be used based on the provisions of the State Council departments of judicial administration, and upon strict approval formalities.

Article 24: Where persons in community corrections break with supervision, community corrections establishments shall immediately organize a search, and relevant entities and persons shall cooperate and assist. 

Where community corrections establishments discover ongoing violations of supervision and management provisions or of court prohibition orders by persons in community corrections, they shall immediately stop them; and where the stopping is innefective, they shall immediately notify the public security organs.

Article 25: The following provisions are enforced for oversight and management of juveniles in community corrections:

(1) the announcement of corrections is not done in public, and the corrections archive is not disclosed;

(2) The corrections group shall have personnel familiar with the characteristics of youth development participate.

(3) Supervision and management shall be carried out separately from the adults in community corrections;

(4) Adopt corrective measures conductive to the development of minors in community corrections in light of special circumstances such as their age, psychology, and developmental needs.

Chapter IV: Education and Assistance

Article 26: Local people's governments at the county level or above shall provide necessary conditions for the education and assistance of persons in community corrections, and organize and mobilize social forces to widely participate in education and assistance work.

Article 27: Community corrections establishments shall conduct ideological education for persons in community corrections with content such as rule of law, morals, and current policies; strengthening their conception of rule of law, moral fiber, and repentance for their crimes.

The educational format used by community corrections establishments for persons in community corrections shall take full consideration of actual circumstances such as the type of crime committed by persons in community corrections, their personal characteristics, and daily performance.

Article 28: Community corrections establishments may coordinate with relevant departments and units to carry out skills training and employment guidance for persons in community corrections who have difficulties finding work.

Article 29: The corrections group shall complete efforts such as reform through family ties and moral guidance for persons in community corrections, and provide necessary assistance for the normal work, study, and lives of persons in community corrections.

Article 30: Residents' committees and villagers' committee may lead volunteers and community groups to conduct diverse forms of education for persons in community corrections, and use community resources to conduct necessary assistance for persons in community corrections with special difficulties.

Article 31:The families, guardians, and guarantors, of persons in community corrections; their units or schools; as well as relevant social organizations, shall assist community corrections establishments in completing ideological education of persons in community corrections.

Article 32: Community corrections establishments may disclose preferential purchasing community corrections social work services, providing necessary assistance for the ideological education, psychological treatment, and occupational skills training, and so forth for persons in community corrections .

Article 33: The state encourages enterprises and public institutions to provide jobs and skills trainings to persons in community corrections. Enterprises hiring qualified persons in community corrections, enjoy State preferential policies in accordance with regulations.

Article 34: Community corrections establishments may organize persons in community corrections to participate in community public interest activities, serving the communities, repairing social relationships, and developing their sense of social responsibility. 

Article 35: Persons in community corrections may apply follow relevant national provisions to apply to relevant departments for social assistance, social insurance, and legal aid, and the community corrections establishments shall give them necessary assistance.

Chapter V: Supplementary Provisions

Article 36:This Law will take effect on XX-XX-XX.

 

 

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