P.R.C. Community Corrections Law (Draft)

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【Source】http://www.npc.gov.cn/npc/c8194/201907/59ef362653b1432783ab4b19ef36253d.shtml
【Period for Submitting Comments】至2019年8月3日

Chapter I: General Provisions

Article 1: This Law is drafted so as to ensure and regulate community corrections work, correctly enforce criminal punishments, increase the quality of education and reformation, promote the smooth integration of community corrections subjects into society, and to prevent and reduce crimes.

Article 2: 对社区矫正对象实行的监督管理、教育帮扶等活动,适用本法。本法所称社区矫正对象,是指被判处管制、宣告缓刑、假释或者暂予监外执行的罪犯。

Article 3: Community corrections efforts are to adhere to the principles of combining supervision and management, combining professional organizations and social forces, safeguarding public safety and preserving community corrections' subjects' lawful rights and interests.

Article 4: 国务院司法行政部门主管全国的社区矫正工作。县级以上地方人民政府司法行政部门主管本行政区域内的社区矫正工作。

人民法院、人民检察院、公安机关和其他有关部门依照各自职责,分工负责、互相配合、互相制约,依法开展社区矫正工作。人民检察院依法对社区矫正工作实行法律监督。乡镇以上地方人民政府可以设立社区矫正委员会,负责组织、协调、指导本行政区域内的社区矫正工作。

Article 5: 社区矫正机构是刑事诉讼法规定的社区矫正的执行机关,由县级以上地方人民政府根据需要设置。社区矫正机构的设置和撤销,由县级以上地方人民政府司法行政部门提出意见,按照规定的权限和程序审批。司法所根据社区矫正机构的委托,承担社区矫正相关工作。

Article 6: 社区矫正机构应当配备具有法律等专业知识的专门国家工作人员 (以下称社区矫正机构工作人员),履行监督管理等执法职责。社区矫正机构工作人员依法开展社区矫正活动,受法律保护。

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

Community corrections' subjects' guardians, guarantors, 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 8: Under the organization of the community corrections establishments, social workers and volunteers are to carry out community corrections work.

Article 9: The State encourages social forces such as enterprises and public institutions and social organizations to participate in community corrections. 

Article 10: Community corrections subjects shall abide by the laws, regulations and the State Council judicial administration department's provisions related to oversight and management, and follow community corrections establishments' management and instruction.

社区矫正对象依法享有的人身权利、财产权利和其他未被依法剥夺或者限制的权利,不受侵犯。社区矫正对象认为其合法权益受到侵害的,有权提出申诉、控告和检举。

Article 11: Community corrections establishments shall carry out categorical management and differential education based on community corrections subjects' sex, age, type of crime, circumstances of the crime, and expressions of repentance, and other such circumstances, and carry out targeted community corrections work.

Article 12: The state supports informatization of community corrections information, using information technology to strengthen oversight and management, and education and assistance, of community corrections subjects, to bright about connectivity and sharing of community corrections information between relevant departments, to increase the level of community corrections work.

Article 13: Organizations and individuals making outstanding contributions in community corrections work will be given commendations and awards in accordance with relevant state provisions.

Article 14: Where community corrections establishments' staff and other state employees have conduct in violation of laws or discipline such as dereliction of duty, twisting law for personal benefit, or abuse of authority during community corrections work, corresponding punishments are to be given; and where a crime is constituted, pursue criminal responsibility in accordance with law.

Article 15: All levels of people's government shall include community corrections funding in that level of government's budget. 

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

Chapter II: Implementation Procedures

Article 16: The community corrections subjects' residences are to be the place for enforcement of community corrections.

社区矫正决定机关应当核实社区矫正对象的居住地。社区矫正对象的居住地无法确定或者居住地不适宜执行社区矫正的,社区矫正决定机关应当根据有利于社区矫正对象接受矫正、更好地融入社会的原则,确定社区矫正执行地。

"Community corrections decision-making organs" as used in this Law refers to people's courts lawfully giving sentences 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 17: 社区矫正决定机关根据需要可以委托社区矫正机构对被告人或者罪犯的社会危险性和对所居住社区的影响,进行调查评估。居民委员会、村民委员会等组织应当提供必要的协助。

Article 18: 社区矫正决定机关应当自判决、裁定或者决定生效之日起3日内通知执行地社区矫正机构,并在10日内送达有关法律文书,同时抄送人民检察院和社区矫正执行地公安机关。社区矫正决定地与执行地不在同一地方的, 应当同时抄送社区矫正决定地和执行地的人民检察院。

Article 19: 被人民法院判处管制、宣告缓刑、裁定假释的社区矫正对象,应当自判决、裁定生效之日起10日内到执行地社区矫正机构报到。被人民法院决定暂予监外执行的社区矫正对象, 由看守所或者执行取保候审、监视居住的公安机关自收到决定之日起10日内将社区矫正对象移送社区矫正机构。

Community corrections subjects that have had prison management organs 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 20: Community corrections establishments receiving community corrections subjects shall review the legal documents, verify identities, handle acceptance and registration, establish an archive, and make a limited-scope announcement of the facts of the community corrections subjects' crimes, the period for enforcement of community corrections, and the rules that should, and the rules to be followed.

Article 21: Community corrections establishments shall designate a corrections group for community corrections subjects, responsible for implementing corresponding corrections measures.

根据需要,矫正小组可以由司法所、居民委员会或者村民委员会的人员,社区矫正对象的监护人、保证人、家庭成员,所在单位或者就读学校的人员以及社会工作者、志愿者等组成。社区矫正对象为女性的,矫正小组中应有女性成员。

Article 22: 社区矫正机构根据社区矫正对象的表现,依照有关规定对其实施考核奖惩。社区矫正对象认罪悔罪、遵守法律法规、服从监督管理、接受教育表现突出的,应当给予表扬。社区矫正对象违反法律法规或者监督管理规定的,应当视情节依法给予训诫、警告或者提请有关机关予以治安管理处罚、撤销缓刑、撤销假释、对暂予监外执行的收监执行。

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

Article 23: 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 people's court for the area enforcing community corrections, and send a copy of the recommendation to the people's procuratorate at the same level.

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

Article 24: Where community corrections subjects have circumstances which the criminal law provides for revocation of suspended sentences or parole, the community corrections establishment shall submit a recommendation on the revocation of the suspended sentence or parole to the people's court that made the original suspended sentence or parole judgment or ruling, and send a copy of the recommendation to the people's procuratorate at the same level.

Article 25: Where community corrections subjects with any of the following circumstances are requested to have a suspended sentence or parole revoked, the community corrections establishments may request that the people's court make an advance custody decision at the same time that they submit a recommendation to revoke the suspended sentence or parole:

(1) new crimes might be perpetrated;

(2) pose a real threat of endangering national security, public safety or the social order;

(3) Might carry out revenge attacks against victims, informants, accusers, or community corrections establishment staff;

(4) plan to commit suicide or escape.

人民法院应当在48小时内作出拘留决定,并通知公安机关执行。拘留的期限不得超过30日。

Article 26: 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, and send the ruling documents to the community corrections establishment and public security organs, and simultaneously send a copy to the people's procuratorate.

人民法院裁定撤销缓刑、假释的,公安机关应当及时将社区矫正对象送交监狱或者看守所。社区矫正对象被先行拘留的,拘留一日折抵刑期一日。

Where people's courts rule not to revoke suspended sentences or parole of community corrections subjects in advance custody, the public security organs shall immediately release them.

Article 27: Where community corrections subject temporarily serving their sentence outside of prison have circumstances for which the Criminal Procedure Law provides they should be returned to prison, the community corrections establishments shall submit a recommendation for return to prison to to the community corrections decision-making organ and send a copy of the recommendation to the people's procuratorate.

The community corrections decision-making organ is to make a decision within 15 days of receiving the community corrections establishment's 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 who are temporarily serving sentences outside of prison to prison the prisons shall immediately put the community corrections subject in prison for enforcement.

Article 28: Where community corrections subjects are on the run after having suspended sentences or parole revoked and it being 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 29: Where community corrections subjects' corrections period is complete, the community corrections establishments shall lawfully and publicly announce the release of community corrections, issue a certificate of release from community corrections to the community corrections subject, and notify the community corrections decision-making organs, people's procuratorate, and public security organs in writing.

Article 30: Where community corrections subjects are returned to prison for enforcement, and are given criminal punishments for new crimes or for newly discovered crimes that were not part of the original verdict, or where the community corrections has died, the community corrections is terminated.

Article 31: 社区矫正对象在社区矫正期间死亡的,其监护人、保证人、家庭成员应当及时向社区矫正机构报告。社区矫正机构应当及时书面通知社区矫正决定机关、人民检察院、公安机关。

Article 32: 人民检察院发现社区矫正工作违反法律规定的,应当依法提出纠正意见。有关单位应当将采纳纠正意见的情况以书面方式回复人民检察院,没有采纳的应当说明理由。

Chapter III: Supervision and Management

Article 33: During the community corrections period, community corrections subjects shall comply with 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 34: Community corrections establishments shall formulate community corrections plans for community corrections subjects, and carry out dynamic management based on the community corrections subjects performance.

Article 35: Where community corrections subjects 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 of the change decision and other legal documents to the community corrections decision-making organ, people's procuratorates, public security organs and the new enforcing community corrections establishments; and the community corrections establishments for the new location shall sen的copies of the relevant legal documents to the local people's courts, people's procuratorates and public security organs.

Article 36: Community corrections establishments may use methods such as making inquiries, communications, and digital verification to learn about the activities and performance of community corrections subjects and collect relevant materials, and relevant units and individuals shall cooperate.

Article 37: 社区矫正机构根据需要可以依法采用电子定位等信息技术手段,掌握、限制社区矫正对象活动范围,加强监督管理。具体办法由国务院司法行政部门规定。

Article 38: 社区矫正对象脱离监管的,社区矫正机构应当立即组织查找,公安机关等有关单位和人员应当予以配合协助。经查找,社区矫正对象下落不明,或者虽能查找到其下落但拒绝接受监督管理的,社区矫正机构应当视情节依法提请有关机关予以治安管理处罚、撤销缓刑、撤销假释或者对暂予监外执行的收监执行。

Article 39: 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 40: Where it has been lawfully decided to give community corrections subjects administrative detention, judicial detention, compulsory isolated drug treatment, or where compulsory measures are imposed due to suspicion of criminal activity or because other crimes not known of at the time of judgment are discovered, the relevant organs shall promptly inform the community corrections establishments.

Chapter IV: Education and Support

Article 41: Local people's governments at the county level or above and their relevant departments shall provide necessary venues and requirements for educating and supporting community corrections subjects, and organize the mobilization of social forces to participate in education and support work.

Article 42: Community corrections establishments shall conduct ideological education for community corrections subjects with content such as on rule of law, morality, and current policies; strengthening their conception of rule of law, moral fiber, and repentance for their crimes.

The form of community corrections establishments' education and support of community corrections subjects shall fully consider the type of crime, community corrections subjects' personal characteristics, routine performance, and other such actual circumstances, to carry out focused education and increase the quality of education and corrections.

Article 43: Community corrections establishments may coordinate with relevant departments and units to carry out skills training and employment guidance for community corrections subjects who have difficulties finding work.

Article 44: Residents' committees and villagers' committee may lead volunteers and community groups to conduct diverse forms of education for community corrections subjects, and use community resources to conduct necessary assistance for community corrections subjects with special difficulties.

Article 45: Community corrections' subjects' guardians, guarantors, family members, and the units to which they belong or schools in which they are enrolled, as well as relevant social organizations, shall assist community corrections establishments in ideological education of community corrections subjects.

Article 46: Community corrections establishments may disclose preferential purchasing of community corrections social work services, providing necessary assistance for the ideological education, psychological treatment, and occupational skills training, and so forth for community corrections subjects.

Article 47: 国家鼓励企事业单位为社区矫正对象提供就业岗位和技能培训。招用符合条件的社区矫正对象的企业,按照规定享受国家优惠政策。

Article 48: Community corrections establishments may organize community corrections subjects' participation in community service and other public interest activities based on their physical state and personal strengths, to restore social relationships and cultivate a feeling of social responsibility.

Article 49: 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 V Special Provisions on the community corrections of minors

Article 50: 社区矫正机构应当根据未成年社区矫正对象的年龄、心理特点和发育需要等特殊情况,采取针对性的矫正措施。社区矫正机构为未成年社区矫正对象确定矫正小组,应当吸收熟悉未成年人成长特点的人员参加。

Article 51: Community corrections establishments shall urge the guardians of juvenile community corrections subjects to perform guardianship duties, and bear duties such as for support and education.

Article 52: Community corrections establishments shall protect the identities of juvenile community corrections subjects, and the announcements of article 20 and 29 of this Law are not to be conducted publicly.

除因司法机关办案需要或者有关单位根据国家规定查询外,未成年社区矫正对象的档案不得提供给任何单位或者个人。依法进行查询的单位,应当对未成年人社区矫正情况予以保密。

Article 53: Community corrections establishments shall coordinate with the education departments to provide conditions for juvenile community corrections subject that have not completed compulsory education to complete compulsory education, and urge their guardians to perform their legally prescribed obligation to send them to receive compulsory education.

Chapter VI: Supplementary Provisions

Article 54: Where state security organs carry out work related to community corrections, the provisions of this Law on public security organs are to be applied.

Article 55: This Law shall take effect on xx-xx-xxxx.

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