P.R.C. Community Corrections Law

Promulgation Date: 2019-12-28
Title: P.R.C. Community Corrections Law 
Document Number:
Expiration date: 
Promulgating Entities: Standing Committee of the National People's Congress
Source of text: http://www.npc.gov.cn/npc/c30834/201912/07b7b6d0e5d84b5caf9440ec2d9769df.shtml

Table of Contents

Chapter I: General Provisions

Chapter II: Organizations, Personnel, and Duties

Chapter III: Decision and Acceptance

Chapter IV: Oversight and Management

Chapter V: Education and Support

Chapter VI: Release and Conclusion

Chapter VII: Special Provisions on the Community Corrections of Minors

Chapter VIII: Legal Responsibility

Chapter IX: Supplementary Provisions

Chapter I: General Provisions

Article 1: This law is formulated on the basis of the Constitution so as to advance and regulate community corrections efforts, to ensure the correct implementation of criminal judgments, rulings, and decisions on temporary service of sentence outside of prison; to increase the quality of education and corrections, to promote the smooth integration of community corrections subjects into society, and to prevent and reduce recidivism.

Article 2: Community corrections is carried out in accordance with law for convicts sentenced to controlled release, declared under a suspended sentence, paroled or temporarily serving their sentence outside of prison.

This Law applies to activities such as the oversight and management, and education and support, of community corrections subjects.

Article 3: Community corrections work is to persist in combining oversight and management with education and support, combining specialized organs and social forces, and employing categorical management and individualized corrections for the targeted elimination of factors that might lead community corrections subjects to commit new crimes, helping them to become law-abiding citizens, and promoting social harmony.

Article 4: Community corrections subjects shall accept community corrections and comply with oversight and management in accordance with law.

Community corrections work shall be conducted in accordance with law, respecting and protecting human rights. Community corrections subjects' lawfully enjoyed rights, such as in their persons and property, are not to be infringed, and they are not to be discriminated against in areas such as employment, education, and enjoyment of social security.

Article 5: The state supports community corrections establishments increasing their level of informatization, using modern information technology to carry out oversight and management, and education and support. Departments related to community corrections work are to lawfully carry out information sharing between them.

Article 6: All levels of people's government shall include community corrections funding in that level government's budget.　

Funds needed for residents' committees, villagers' committees, and other social organizations' lawful assistance of community corrections establishments' work, shall be included in the government budget for that level of community corrections establishment as provided.

Article 7: Organizations and individuals making outstanding contributions in community corrections work will be given commendations and awards in accordance with relevant state provisions.

Chapter II: Organizations, Personnel, and Duties

Article 8: 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 in charge of the administration of community corrections within that administrative region.

The people's courts, people's procuratorates, public security organs, and other relevant departments are to lawfully complete community corrections work in accordance with their respective duties. The people's procuratorates are to perform legal oversight of community corrections work in accordance with law.

Local people's Governments are to establish community corrections commissions as needed, responsible for the overall planning, coordination, and guidance of community corrections work within that administrative region.

Article 9: Local people's governments at the county level or above are to establish community corrections establishments as needed, responsible for the specific implementation of community corrections work. The set up and revocation of community corrections establishments is to be upon suggestion of judicial administrative departments of local people's governments at the county level or above, and approved in accordance with the scope of authority and procedures provided.

Justice offices are to take on work related to community corrections as entrusted to by community corrections establishments.

Article 10: Community corrections establishments shall allot specialized state employees with professional knowledge in areas such as law (hereinafter community corrections establishment staff) to perform enforcement duties such as oversight and management, and education and support.

Article 11: As needed, community corrections establishments are to organize social workers with specialized knowledge of areas such as law, education, psychology, or social work, or experience in practice, to carry out efforts related to community corrections.

Article 12: Residents' committees and villagers' committees are to assist community corrections establishments in completing community corrections work in accordance with law.

Community corrections subjects' guardians, family members, and the units to which they belong or schools in which they are enrolled, shall assist community corrections establishments in community corrections work.

Article 13: The State encourages and supports social forces such as enterprises and public institutions, social organizations, and volunteers' lawful participation in community corrections work.

Article 14: Community corrections establishment staff shall strictly obey the Constitution and the laws, be dedicated to their duties, follow strict discipline, and be honest and clean.

Article 15: Community corrections establishment staff, and other persons participating in community corrections work, who are lawfully carrying out community corrections activities, receive the protection of law.

Article 16: The state promotes the establishment of high caliber community corrections work teams. Community corrections establishments shall strengthen management, oversight, training, and professional safeguards for community corrections staff, continuously increasing the regulation and professionalization of community corrections work.

Chapter III: Decision and Acceptance

Article 17: When community corrections decision-making organs give controlled release, announce a suspended sentence, rule for parole, or make a decision or approval in favor of temporary service of a sentence outside of prison, they shall confirm the location for implementation of community corrections.

The community corrections subjects' residences are to be the place for enforcement of community corrections. Where community corrections subjects live in multiple places, their habitual residence may be confirmed as the place for implementation.

Where community corrections subjects' residences or habitual residences cannot be determined or are not suitable for enforcing community corrections, the community corrections decision-making organs shall determine a place for enforcement based on the principles of being conducive to community corrections subjects receiving community corrections and better integrating into society.

"Community corrections decision-making organs" as used in this Law refers to people's courts lawfully giving sentences of controlled release, announcing suspended sentences, ruling for parole or making a decision for the temporary service of a sentence outside of prison; as well as prison management organs or public security organs that lawfully approve convicts' temporary service of sentence outside of prison.

Article 18: As necessary, community corrections decision-making organs may retain community corrections establishments or relevant social organizations to conduct investigations and assessments of the defendants' or convicts' dangerousness to society and impact on the community in which they live, and issue an opinion for reference when making a community corrections decision. Residents’ or villagers’ committee and other organizations shall provide necessary assistance.

Article 19: Community corrections decision-making organs giving controlled release, announcing a suspended sentence, ruling for parole, or making a decision or approval for temporary service of a sentence outside of prison shall follow the requirements and procedures of the Criminal Law, Criminal Procedure Law, and other laws and regulations.

Community corrections decision-making organs shall conduct the education of community corrections subjects, informing them that they shall obey the laws and regulations during the community corrections period, and of the legal consequences for breaking rules, and order them to make timely reports.

Article 20: Community corrections decision-making organs shall inform the community corrections establishment for the place of enforcement within five days of a judgment, ruling, or decision taking effect, and deliver the relevant legal instruments within ten days, sending a copy to the people's procuratorates and public security organs for the place of enforcement at the same time. Where the site of the community corrections decision and place of implementation differ, the community corrections establishments for the place of enforcement is to send the legal documents to the people's procuratorates and public security organs for that area.

Article 21: Community corrections subjects that have been sentenced to controlled release, given a suspended sentence, or given parole by a people's court, shall report to the community corrections establishment for the place of enforcement within ten days of the judgment or ruling taking effect.

Community corrections subjects 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 ten days of receiving the decision.

Community corrections subjects whose temporary service of sentence outside of prison has been approved by prison administration organs or public security organs, are to be transferred to the community corrections establishment by the detention centers or the public security organs that are enforcing release on guarantee or residential surveillance, within ten days of receiving the approval.

Article 22: Community corrections establishments shall lawfully accept community corrections subjects, review the legal documents, verify identities, handle intake registration, establish an archive, and announce the facts of the community corrections subjects' crimes, the period for enforcement of community corrections, and the rules that shall be followed.

Chapter IV: Oversight and Management

Article 23: During the community corrections period, community corrections subjects shall comply with laws and administrative regulations, shall perform obligations set forth in the judgment, ruling, decision on temporary service of sentence outside of prison, or other such legal documents; shall comply with oversight and management provisions of the State Council Department for the administration of justice regarding reporting, visitors, travel, moving house, and release on medical parole; and obey the community corrections establishments' management.

Article 24: Community corrections establishments shall draft a focused community corrections plan, and carry out categorical management and individualized corrections based on the content of the judgment, the community corrections subjects' sex, age, psychological characteristics, health, criminal motives, the type of crime, circumstances of the crime, expressions of repentance, and other such circumstances. Community corrections plans shall be appropriately adjusted in light circumstances such as the community corrections subjects' behavior.

Article 25: Based on the community corrections subjects' circumstances, the community corrections establishments shall designate a corrections group for them, that is responsible for implementing the corresponding corrections plans.

As necessary, corrections groups may be comprised of personnel from the justice office, residents' committee, or villagers' committee, and the community corrections subjects' guardians, family members, staff of the unit to which they belong or school in which they are enrolled, as well as social workers, volunteers and so forth. Where community corrections subjects are female, the corrections group should have female members.

Article 26: Community corrections establishments shall study and understand community corrections subjects' activities and performance. Community corrections establishments may use methods such as communications, digital verification, and onsite inspections to verify relevant circumstances, and relevant units and individuals shall cooperate.

When community corrections establishments carry out work such as onsite inspections, they shall protect community corrections subjects' identity information and personal privacy.

Article 27: Community corrections subjects leaving the city or country where they live, or moving house, shall report for approval to the community corrections establishments. Community corrections establishments shall give approval where there are legitimate reasons; and may simplify approval procedures and methods where regular cross-city or cross-county activities are necessary for normal work and livelihood.

Where the place of implementation needs to be modified for reasons such as the community corrections subject moving house, the community corrections establishments shall make a modification decision in accordance with relevant provisions. After community corrections establishments make a modification decision, they shall inform the community corrections decision-making organ and the community corrections establishment for after the modification, and send a copy of the relevant legal documents to the post-modification community corrections establishment The post-modification community corrections establishments shall send the legal documents to the people's procuratorate and public security organs for their area.

Article 28: Community corrections establishments carry out evaluations, rewards, and punishments based on community corrections subjects' performance and in accordance with relevant provisions. Community corrections establishments shall give praise to community corrections subjects that admit guilt and repent, comply with laws and regulations, follow supervision and management, accept education, and have outstanding performance. Where community corrections subjects violate laws, regulations, or provisions on oversight and management, depending on the circumstances they shall be given a reprimand or a warning, referred to the public security organs for the imposition of public security administrative punishment, or have a request made in accordance with law for revocation of suspended sentences, revocation of parole, or return to prison for those temporarily serving their sentence outside of prison.

Results of community corrections subjects' evaluations may be a basis for determining whether they have expressions of remorse and whether they have seriously violated oversight and management provisions.

Article 29: Where community corrections subjects have any of the following circumstances, electronic positioning devices may be used to strengthen oversight and management upon approval from the responsible person for a county-level judicial administrative department:

(1) they violated injunctions from people's courts;

(2) they left the city or county of residence without permission or legitimate reasons;

(3) They were given a warning for refusal to follow provisions on reporting their own activities and circumstances;

(4) They were given a public security administrative sanction for violating oversight and management provisions.

(5) A request was made for revocation of their suspended sentences, parole, or return to prison after temporary service of sentence outside of prison;

The period for use of electronic positioning provided for in the preceding two paragraphs must not exceed 3 months. Where it is not necessary to continue use, they shall be promptly ceased; where the period is completed but assessment shows it is still necessary to continue use, the period may be extended upon approval, but each time must not exceed 3 months.

Community corrections establishments shall strictly preserve the confidentiality of information obtained through electronic positioning devices, and the relevant information can only be used for community corrections work, and must not be put to other uses.

Article 30: Where community corrections subjects' lose contact, the community corrections establishments shall immediately organize a search, and the public security organs and other relevant units and individuals shall cooperate and assist. After community corrections subjects are found, a disposition shall be made based on the distinct circumstances.

Article 31: Where community corrections establishments discover ongoing violations by community corrections subjects of oversight and management provisions or of people's courts' injunctions, they shall immediately stop them; and where this is ineffective, they shall immediately notify the public security organs to come and address it.

Article 32: Where community corrections subjects have circumstances limiting their physical liberty such as being subject to a lawful decision to take them into custody, compulsory isolated drug treatment, or the adoption of criminal community corrections establishments, the relevant organs shall promptly inform the community corrections establishments.

Article 33: Where community corrections subjects meet the requirements of Criminal Law provisions on sentence reductions, the community corrections establishment shall submit a sentence reduction recommendation to the intermediate or higher-level people's court for the place of implementation of community corrections, and send a copy of the recommendation to the people's procuratorate at the same level.

The people's courts shall make a ruling within thirty days of receiving the community corrections establishment's sentence reduction recommendation, send the ruling documents to the community corrections establishment, and simultaneously send a copy to the people's procuratorate and public security organs.

Article 34: In carrying out community corrections work, the lawful rights and interests of community corrections subjects shall be protected. Community corrections work shall avoid unnecessary negative impact on the normal work and lives of community corrections subjects, and the physical liberty of community corrections subjects must not be limited or covertly limited except as provided by law.

Where community corrections subjects find that their lawful rights and interests have been infringed, they have the right to make complaint appeals, accusations, or reports to the people's procuratorates or relevant organs. The accepting organs shall promptly handle them, and inform to complainant, accuser, or informant of the outcome.

Chapter V: Education and Support

Article 35: Local people's governments at the county level or above and their relevant departments shall use various means to provide necessary venues and conditions for education and support of community corrections subjects, and organize the mobilization of social forces to participate in education and support work.

Relevant people's organizations shall lawfully assist community corrections establishments in completing education and support work.

Article 36: As necessary, community corrections establishments are to conduct education for community corrections subjects on the rule of law, morality, and other such topics; strengthening their conception of rule of law, and increasing their moral caliber and repentance for their crimes.

Education for community corrections subjects shall be based on their individual characteristics, regular performance, and other actual conditions, shall fully consider their work and living situations, and be tailored to the person.

Article 37: Community corrections establishments may coordinate relevant departments and units to lawfully carry out vocational skills training and employment guidance for community corrections subjects with employment problems, and assist those community corrections subjects that are in school to complete their programs.

Article 38: Residents' committees and villagers' committees may lead volunteers and community groups, use community resources, and employ diverse means, to conduct necessary education and support for community corrections subjects with special difficulties.

Article 39:Community corrections' subjects' guardians, family members, and the units to which they belong or schools in which they are enrolled, shall assist community corrections establishments in completing the education of community corrections subjects.

Article 40: Community corrections establishments may make open merit-based purchases of social work services or other social services, to provide the necessary support to community corrections subjects in education, psychological counseling, vocational skills training, improving social relations, and other such areas.

Community corrections establishments may also use projects or other such means to retain social organizations to carry out the support activities provided for above. The state encourages social organizations with the experience and resources to carry out support exchanges and teaching activities across regions.

Article 41: The state encourages enterprises, public institutions, and social organizations to provide jobs and vocational skills training to community corrections subjects. Enterprises hiring qualified community corrections subjects are to enjoy state preferential policies in accordance with regulations.

Article 42: Community corrections establishments may organize community corrections subjects' participation in public interest activities based on their personal strengths, to restore social relationships and cultivate a feeling of social responsibility.

Article 43: Community corrections subjects may follow relevant state provisions to apply for social assistance, participate in social insurance, and receive legal aid, and the community corrections establishments shall give them necessary assistance.

Chapter VI: Release and Conclusion

Article 44: Where community corrections subjects' corrections period is completed or they are pardoned, the community corrections establishments shall issue a certificate of release from community corrections to the community corrections subject, and give written notice to the community corrections decision-making organ, and the people's procuratorate and public security organ for that area.

Article 45: Where it is ruled that community corrections subjects' suspended sentences or parole is to be revoked, decided that they are to be returned to prison for enforcement of their sentence, or where the community corrections subject has died, community corrections is terminated.

Article 46: Where community corrections have circumstances for which the Criminal Law provides revocation of suspended sentences or parole, the people's court shall revoke the suspended sentence or parole.

Where during the probationary period, new crimes are committed or other crimes committed before judgment was announced that were not tried are discovered, the people's court hearing the case shall revoke the suspended sentence or parole, and give written notice to the original people's court and the community corrections establishments for the place of implementation.

Where persons in community corrections have conditions for revoking a suspended sentence or parole other than those provided for in paragraph 2, the community corrections establishments shall make a recommendation to revoke the suspended sentence or parole to the original people's court or the people's court for the place of implementation, and send a copy of the recommendation to the people's procuratorate.　 When community corrections establishments submit recommendations for revoking suspended sentences or parole, they shall explain the reasons and provide evidence materials to the relevant organs.

Article 47:Where community corrections subjects for whom it has been requested that a suspended sentence or parole be revoked might escape or become a danger to society, the community corrections establishments may request that the people's courts make a decision to arrest when recommending that the suspended sentences or parole be revoked.

People's courts shall make a custody decision on whether to arrest within 48 hours. Where the decision is to arrest, the public security organs are to enforce it. The period of detention after arrest must not exceed 30 days.

Article 48: The people's court shall make a ruling within 30 days of receiving the community corrections establishment's recommendation to revoke a suspended sentence or parole, send the ruling documents to the community corrections establishment and public security organs, and simultaneously send a copy to the people's procuratorate.

Where people's courts could revoke a suspended sentence or parole, they shall hear the defenses of the community corrections subjects, and th e opinions of lawyers they have retained.

Where people's courts rule to revoke suspended sentences or parole, the public security organs shall promptly transfer the community corrections subject to the prison or detention center for enforcement. Where there was arrest before enforcement, the sentence is to be reduced by one day for each day they were detained.

Where people's courts rule not to revoke suspended sentences or parole the public security organs shall immediately release community corrections subjects that have been arrested.

Article 49: Where community corrections subjects who are temporarily serving their sentence outside of prison have circumstances for which the Criminal Procedure Law provides they shall be returned to prison, the community corrections establishments shall submit a recommendation for return to prison to the original community corrections decision-making organ or the one for the place of implementation, and send a copy of the recommendation to the people's procuratorate.

The community corrections decision-making organ is to make a decision within 30 days of receiving the recommendation and send the decision document to the community corrections establishment and public security organ, and simultaneously send a copy to the people's procuratorate.

Where people's courts and public security organs decide to return community corrections subjects who are temporarily serving sentences outside of prison to prison, the public security organs are to immediately deliver the community corrections subject to the prison or detention center for enforcement.

Where prison management organs decide to return community corrections subjects temporarily serving sentences outside of prison to prison the prisons shall immediately put the community corrections subject in prison for enforcement.

Article 50: Where community corrections subjects escape after having suspended sentences or parole revoked and it having been decided to return them to prison for enforcement, the public security organs are to catch them, and the community corrections establishments and relevant units and individuals are to assist.

Article 51: Where community corrections subjects die during the community corrections period, their guardians and family members shall promptly report this to the community corrections establishments. Community corrections establishments shall promptly notify the community corrections decision-making organ and the people's procuratorate and public security organ for that area.

Chapter VII: Special Provisions on the Community Corrections of Minors

Article 52: Community corrections establishments shall employ targeted corrections measures based on the special circumstances of juvenile community corrections subjects' such as their age, psychological features, developmental needs, upbringing, criminal motives, and the guardianship and educational capacity of their family.

Community corrections establishments determination of corrections groups for juvenile community corrections subjects shall include participation by personnel familiar with juveniles' physical and psychological characteristics..

Community corrections of minors shall be conducted separately from that for adults.

Article 53:The guardians of juvenile community corrections subjects shall perform guardianship duties, and bear obligations such as support and discipline.

Where guardians inadequately perform guardianship duties, community corrections establishments shall urge and educate them towards performance of guardianship duties. Where guardians refuse to perform guardianship duties, notify the relevant departments to make a disposition in accordance with law.

Article 54: Where community corrections establishment staff and other persons lawfully participating in community corrections work shall protect the secrecy of information on juveniles' identities that they acquire in performing their duties.

Except as necessary for judicial organs' case handling or inquiries by relevant units in accordance with state provisions, information from the files of juvenile community corrections subjects must not be provided to any unit or individual. Units making inquiries in accordance with law shall preserve the secrecy of information they acquire.

Article 55: Community corrections establishments shall notify and cooperate with the education departments to provide conditions for juvenile community corrections subjects that have not completed compulsory education to complete compulsory education. The guardians of juvenile community corrections subjects shall ensure that they enter school and complete compulsory education in accordance with law.

Where community corrections subjects who are at least 16 years old desire employment, community corrections establishments may coordinate with relevant departments and units to provide them with vocational skills training and give them guidance and assistance for employment.

Article 56:Communist youth leagues, womens federations, and organizations for the protection of minors shall lawfully coordinate and assist community corrections establishments in completing community corrections work for minors.

The state encourages other social organizations related to minors to participate in community corrections work for minors, and gives policy supports in accordance with law.

Article 57: Juvenile community corrections subjects are to enjoy equal rights with other juveniles in going back to school, advancement to higher grades, and in employment, and must not be discriminated against by any units or individuals. Where there is discriminatory conduct, the departments for education, human resources and social security, and other such departments are to address it in accordance with law.

Article 58: Where during the community corrections period, juvenile community corrections subjects become 18 years-old, continue to follow and implement the provisions related to community corrections for minors.

Chapter VIII: Legal Responsibility

Article 59: Where community corrections subjects have conduct violating oversight and management provisions during the period of community corrections, the public security organs are to give punishments in accordance with the "P.R.C. Law on Public Security Administration Penalties"' and where there are circumstances for return to prison and revocation of suspended sentences, parole, or temporary service of sentence outside of prison, a disposition shall be made in accordance with law.

Article 60: Where community corrections subjects beat, threaten, berate, harass, or take revenge against community corrections establishment staff and other persons lawfully participating in community corrections work, or the close relatives of such persons, where a crime is constituted, criminal responsibility is pursued in accordance with law; and where a crime is not constituted, the public security organs are to give public security administrative sanctions.

Article 61: Where community corrections establishment staff and other relevant state employees have any of the circumstances, they shall be given sanctions; and where a crime is constituted, criminal responsibility is pursued in accordance with law:

(1) Used their positions or work to facilitate the solicitation or acceptance of bribes;

(2) Did not perform legally prescribed duties;

(3) corporally punished or abused community corrections subjects, or violated laws and regulations by restricting or covertly restricting community corrections subjects' physical liberty;

(4) leaked community corrections work secrets or other information that shall be kept confidential in accordance with law;

(5) Retaliated against community corrections subjects that lawfully made complaint appeals, accusations, or reports;

(6) had other conduct in violation of discipline or law.

Article 62: Where people’s procuratorate discover violations of legal provisions in community corrections work, they shall submit a corrective opinion or procuratorial suggestion in accordance with law. Relevant units shall respond in writing to the people's procuratorate on the adoption of corrective opinions and procuratorial recommendations, and shall explain the reasons when they are not adopted.

Chapter IX: Supplementary Provisions

Article 63: This Law takes effect on July 1, 2020.