Regulation on Compulsory Treatment Centers (Draft to be Sent for Deliberation)

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In order to further strengthen disclosure and transparency of legislative work, and to increase the quality of legislation, the Legislative Affairs Office of the State Council has decided to publicly release the full text of the draft "compulsory treatment facility Regulations (Draft to be sent for deliberation) drafted by the Ministry of Public Security and its explanatory note, to seeks the views of all walks of society. Notice on this matter is given as follows:

Concerned units and people from all fields have until July 7, 2016, to submit comments through the following three methods:

1. Log in to the Chinese Government's legal information network (URL: http://www.chinalaw.gov.cn), through the home page left side's"Laws and Regulations Drafts Public Comment Solicitation System"and submit comments on this draft to be sent for deliberation.

2. Mail comments by post to: Beijing City, Box 2067 (postal code 100035, and clearly indicate "Comments on the Compulsory Treatment Facility Regulations" on the envelope.

3. Submit comments by email to:qzylstl@chinalaw.gov.cn.

Legislative Affairs Office of the State Council

June 8, 2016

 

Chapter I: General provisions

Chapter II: Econstruction and Safeguards

Chapter III: Admissions

Chapter IV: Administration

Chapter V: Medical Treatment and Rehabilitation

Chapter VI: Assessment and Release

Chapter VII: Supplementary Provisions

 

 

Regulations on Compulsory Treatment Facilities (Draft to be Sent for Deliberation)

 

Chapter I: General provisions

 

Article 1: These Regulations are formulated on the basis of the relevant provisions of the "Criminal Law of the People's Republic of China" the Criminal Procedure Law of the People's Republic of China", and the "People's Republic of China Mental Health Law" so as to further standardize compulsory treatment efforts, to safeguard the lawful rights and interests of persons subject to compulsory treatment, and to preserve social order and public safety.

Article 2: Compulsory treatment facilities are the sites for implementation of compulsory treatment decisions.

Persons who are subject to a compulsory treatment decision made by a people's court in accordance with the "Criminal Law" and "Criminal Procedure Law" , have it enforced in a compulsory treatment facility.

Article 3: Compulsory treatment facilities shall carry out treatment, rehabilitation, care, and supervision of persons subject to compulsory treatment in accordance with law.

Article 4: Compulsory treatment facilities shall ensure the lawful rights and interests of persons subject to compulsory treatment, and must not insult, physically punish, or abuse persons subject to compulsory treatment, or direct or tolerate others to insult, physically punish or abuse persons subject to compulsory treatment.

Article 5: The Ministry of Public Security under the State Council is the competent authority for the entire nations' compulsory treatment facility management work.

The public security organs of local people's governments at the districted-city level or above are the competent authorities for compulsory treatment facility management work within that administrative region. Departments of health and family planning are responsible for guidance and management of compulsory treatment facilities' medical operations. Civil affairs departments are responsible for providing support and aid in accordance with relevant national provisions to persons released from compulsory treatment who meet the requirements for aid.

Article 6: Compulsory treatment facilities carrying out compulsory treatment receive legal supervision of the people's procuratorates in accordance with law.

 

Chapter II: Econstruction and Safeguards

 

Article 7: Compulsory treatment facilities are set up by provincial, autonomous region, or directly governed municipality's people's governments on the basis of that administrative region's actual needs for compulsory treatment and the citizen's economic and social development plan.

Where people's governments of districted cities, prefectures, and leagues need to set up compulsory treatment facilities, they shall report for approval to the provincial or autonomous region people's government to which they belong.

Article 8: Compulsory treatment facilities shall set up functional areas as work requires, allotting appropriate equipment and facilities, to meet the requirements of providing safe care, clinical treatment and rehabilitation to persons subject to compulsory treatment.

The construction standards for compulsory treatment facilities will be formulated by the State Council Ministry of Housing and Urban and Rural Development, Ministry of Development and Reform, Ministry of Health and Family Planning, together with the Ministry of Public Security.

Article 9: Compulsory treatment facilities shall follow follow relevant national guidelines to allot appropriate management, health technology, and other such personnel.

Compulsory treatment facilities' law enforcement management personnel are to be allotted and managed in accordance with the people's police deployment.

Article 10: Compulsory treatment facilities shall have appropriate medical establishments, and the Ministry of Health and Family Planning under the State Council will draft standards for these together with the Ministry of Public Security.

The medical establishments of compulsory treatment facilities shall follow the "Medical Establishment Management Regulations"and relevant national provisions for licensing and registration, and follow their approval and registration in carrying out diagnostic and treatment activities.

Article 11: Compulsory treatment facilities' unit expense accounts and necessary expenses such as for maintenance, personnel costs, and treatment and daily costs for persons subject to compulsory treatment, shall be within that level people's governments financial guarantees.

Construction, expansion, and relocation of compulsory treatment facilities shall be included in infrastructure projects.

 

Chapter III: Admissions

 

Article 12: Compulsory treatment facilities admit persons subject to compulsory treatment on the basis of a people's court's written compulsory treatment decision and written notification of enforcement of compulsory treatment.

Article 13: Compulsory treatment facilities shall issue an written notice of admissions to the person subject to enforcement's guardians or immediate family members within 5 days of their entering the facility.

Article 14: Compulsory treatment facilities shall promptly inform the person subject to compulsory treatment and their guardians or immediate family members of the rights they enjoy in accordance with law and of the rules they shall obey.

Article 15: Before persons subject to compulsory treatment are admitted, compulsory treatment facilities shall conduct an inspection of their person and belongings.

Where external injuries are discovered on the body of persons subject to compulsory treatment, the compulsory treatment facility shall request the public security organ delivering them make a written explanation.

Persons subject to compulsory treatment's non-essential items are to be transferred to the care of their guardians or immediate family members, and where there are no guardians or immediate family members, the compulsory treatment facility will uniformly register and store them. Contraband and other items related to the case that are discovered during inspections are to be handled by the public security organs making the delivery.

Article 16: The physical inspection of female persons subject to compulsory treatment shall be conducted by female staff.

Article 17: Where compulsory treatment facilities discover that the persons subject to compulsory treatment do not meet the requirements for compulsory treatment, they shall submit this to the people's court that made the compulsory treatment decision.

 

Chapter IV: Administration

 

Article 18: Compulsory treatment facilities shall establish on-duty inspection systems and emergency incident response mechanisms.

Compulsory treatment facilities shall install video surveillance equipment and carry out safety monitoring of persons subject to compulsory treatment.

Article 19: Compulsory treatment facility shall carry out differentiated management and separated treatment of persons subject to compulsory treatment on the basis of circumstance such as their sex, physical illnesses, treatment and rehabilitation.

The direct management of female persons subject to compulsory treatment shall be conducted by female staff.

Article 20: Compulsory treatment facilities shall establish archives for the management, treatment and rehabilitation of persons subject to compulsory treatment, and maintain the confidentiality of their identities, treatment and rehabilitation information, except for that which needs to be reviewed for the lawful performance of professional duties.

Article 21: Compulsory treatment facilities shall provide persons subject to compulsory treatment with food and drink in accordance with provided standards, and respect the dietary customs of ethnic minorities persons subjected to compulsory treatment.

Article 22: Compulsory treatment facilities shall ensure persons subject to compulsory treatment's freedom and privacy in correspondence. Compulsory treatment facilities shall conduct an inspection of items and letters delivered or mailed to persons subject to compulsory treatment, to prevent their access to dangerous goods.

Article 23: Upon the consent of persons subject to compulsory treatment or their guardians or immediate family members, their family and friends, or personnel from their workplace, school, or community may visit.

Visitors shall hold a valid identity document, and visit persons subject to compulsory treatment at the times provided and in the compulsory treatment facility's visiting rooms.

Article 24: Where lawyers retained by persons subject to compulsory treatment or their guardians or immediate family members request to see persons subject to compulsory treatment, they shall hold the lawyers' practice certificate, their proof of law firm and a retention document or legal aid letter.

Article 25: Where upon a diagnosis that symptoms are in evident remission, those subject to compulsory treatment for half a year or more apply for temporary leave to return home and their guardians or immediate family members give written assurances that they can take responsibility for performing care, treatment, safety, reception and return,the compulsory treatment facility may approve their temporary leave, and issue a furlough proof, and concurrently report this to the people's court that made the compulsory treatment decision for filing.

The period for temporary leave must not exceed 10 days per instance, including the time take to leave and return to the facility. Successive temporary leaves are to be at least 3 months apart.

Article 26: Where persons subject to compulsory treatment submit a report or accusation or apply for a reconsideration because they are dissatisfied with a compulsory treatment decision, the compulsory treatment facility shall transfer the relevant materials to the relevant departments within 24 hours and must not inspect or seize them.

Article 27: Where persons subject to compulsory treatment die during the period of compulsory treatment, the compulsory treatment facility shall immediately report this to the competent public security organs and notify their guardians or immediate family members, and at the same time inform the people's court that made the compulsory treatment decision and the people's procuratorate at the same level.

The competent public security organs for the compulsory treatment facility shall make an evaluation of the cause of death. Where the guardians or immediate family members have objections to the evaluation of the cause of death, they may submit these to the people's procuratorate.

 

Chapter V: Medical Treatment and Rehabilitation

Article 28: Compulsory treatment facilities carrying out diagnostic and treatment activities shall obey the relevant provisions of laws and regulations and medical technical regulations.

The use of surgery to treat mental disorders for persons subject to compulsory treatment is prohibited.

Article 29: Compulsory treatment facilities shall follow follow relevant national guidelines in the management and use of medicines.

Article 30: Compulsory treatment facilities shall organize persons subject to compulsory treatment's participation in rehabilitation activities, to advance the remission of their symptoms and assist them in recovering physical and social functions.

Compulsory treatment facilities must not compel persons subject to compulsory treatment to engage in production or labor.

Article 31: Compulsory treatment facilities may employ restraints, isolation or other protective treatment measures against persons subject to compulsory treatment who carry out or will carry out conduct that harms themselves, endangers others safety, or disrupts the order of medical treatment.

Persons subjected to protective treatment measures shall be closely observed, and after the possibility of dangerous conduct occurring has dissipated, the compulsory treatment facility shall immediately remove the protective treatment measures.

The implementation of protective treatment measures shall follow medical diagnostic standards and treatment regulations, and their use to punish persons subject to compulsory treatment is prohibited.

Article 32: Compulsory treatment facilities shall establish systems for the prevention and control of infectious diseases.

When persons subject to compulsory treatment suffer from infectious diseases, the compulsory treatment facility shall follow the relevant national provisions to make a report and carry out standard treatment.

Article 33: Where persons subject to compulsory treatment contract infectious diseases or severe physical illnesses and they need to be transferred to a medical establishment because the compulsory treatment facility does not have capacity to treat them, the compulsory treatment facility shall immediately submit a comment on release for medical treatment, and report to the competent public security organs for approval. After getting approval, the compulsory treatment facility shall immediately transfer the persons subject to compulsory treatment to a medical establishment that has capacity for treatment, and notify their guardians or immediate family members, and at the same time inform the people's court that made the compulsory treatment decision and the people's procuratorate at the same level.

The guardians or immediate family members of the persons subject to compulsory treatment bear responsibility for guadianship during the period for release for medical treatment. Where persons subject to compulsory treatment have no guardians or immediate family members, or where their guardians or immediate family members do not perform their guardianship duties, the compulsory treatment facility shall carry out their care.

 

Chapter VI: Assessment and Release

Article 34: Compulsory treatment facilities shall periodically carry out diagnostic assessments of persons subject to compulsory treatment.

The first diagnotic assessment shall be conducted within 30 days of the completion of a full year of compulsory treatment. After the first diagnostic assessment, diagnostic assessments are generally conducted every half year.

Article 35: Diagnostic assessments shall be carried out by an assessment group composed of 3 or more doctors in psychiatric practice.

The assessment group shall conduct a psychiatric examination of the degree to which the person subject to compulsory treatment's symptoms have abated, that they have recovered the ability to recognize and control their own conduct, their capacity for social adaptation, and so forth; conduct an assessment of their personal dangerousness, and put forth a diagnostic assessment report.

Article 36: Where upon diagnostic assessment, the diagnostic assessment group finds that the persons subject to compulsory treatment's symptoms have not yet abated and continued treatement is required, the compulsory treatment facility shall inform inform him, his guardians or immediate family members of the diagnostic assessment opinion.

Article 37: Where any of the following situations are found through diagnostic assessment, the compulsory treatment facility shall submit an opinion on relieving compulsory treatment and report this to the people's court that made the compulsory treatment decision, and send a copy to the people's procuratorate of the same level.

(1) The person subject to compulsory treatment's symptoms are stable and they are no longer dangerous and do not need continued compulsory treatment;

(2)The person subject to compulsory treatment is no longer able to care for themselves in terms of daily activity such as getting out of bed, eating, walking, using the restroom and so forth, due to serious physical illness, injury or frailty due to advanced age, and they are no longer dangerous and do not need continued compuslory treatment.

Article 38: When compulsory treatment facilities put forward opinions on the release of compulsory treatment for persons subject to compulsory treatment that have no guardians or immediate family members, or where it is unclear who their guardians or immediate family members are, the compulsory treatment facility shall request that the people's court that made the compulsory treatment decision clarifies guardianship in accordance with law.

Article 39: Where persons subject to compulsory treatment or their guardians or immediate family members apply to the people's court that made the compulsory treatment decision to have compulsory treatment released, the compulsory treatment facility shall provide the people's court with the diagnostic assessment report for the recent period.

Where persons subject to compulsory treatment and their guardians or immediate family members have objections to the diagnostic assessment report done by the compulsory treatment facility, they may submit an application for a new diagnostic assessment to the people's court.

Where a people's court requests that compulsory treatment facilities do a new diagnostic assessment, the compulsory treatment facility shall conduct the diagnostic assessment within 15 days and issue a diagnostic assessment report.

Article 40: After compulsory treatment facilities recieve people's courts decision to release compulsory treatment, they shall immediately release compulsory treatment.

Article 41: When compulsory treatment facilities release compulsory treatment, they shall return property taken for safekeeping.

Article 42: Where persons are released from compulsory treatment, their guardians or immediate family members shall go to the compulsory treatment facility to take back the persons subject to compulsory treatment at the time provided in the people's court's notice.

 

Chapter VII: Supplementary Provisions

Article 43: Where persons are given medical leave or released from compulsory treatment, the compulsory treatment facility shall notify the community health organizations or police substations for the place of guardians or immediate family members household registration or residence.

Article 44: In any of the following situations, the staff of compulsory treatment facilities are given disciplinary sanctions in accordance with relevant provisions, and where it constitutes a crime, criminal responsibility is pursued in accordance with law:

(1) Insulting, abusing or phyical punishment of persons subject to compulsory treatment;

(2) Accepting or soliciting property;

(3) Acting on one's own volition to use, destroy, or dispose of confiscated property being held for safekeeping;

(4) Making misrepresentations or falsehoods in diagnostic assessment work;

(5) releasing persons subject to compulsory treatment of one's own volition;

(6) other conduct abusing power, twisting the law for personal gain, dereliction of duty, or non-performance of duties.

Article 45: Temporary protective restraining measures imposed by public security organs against mentally ill persons may be carried out in compulsory treatment facilities. During implementation they shall be admitted apart from persons subject to compulsory treatment under article 2 of this Regulation, with specific management measures provided by th Ministry of Public Security under the state Council with reference to this Regulation.

Article 46: Where "above" is used in this Regulation, it includes the number or level itself.

Article 47: This Regulation will begin implementation on XX/XX/XX.

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