P.R.C. Community Corrections Law (Draft) (2nd Deliberation Draft)

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

Chapter I: General Provisions

Article 1: This law is formulated on the basis of the Constitution so as to regulate and ensure community corrections efforts, to correctly enforce 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, eliminating 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 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 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 contemporary 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 of 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: Institutions, Personnel, and Duties

Article 8: The State Council departments on the administration of justice are in charge of the entire 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 divide work and responsibility within the scope of their duties, cooperate with and restrain each other, and lawfully complete community corrections work . The people's procuratorates are to perform legal oversight of community corrections work in accordance with law.

Local people's Governments at the township level or above are to establish community corrections commissions as needed, responsible for organizing, coordinating and guiding 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, to be the enforcement organ for community corrections. 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, psychology, or sociology (hereinafter community corrections establishment staff) to perform enforcement duties such as oversight and management, and education and support.

Article 11: As necessary, community corrections establishments are to organize social workers with relevant professional knowledge to assist in carrying out community corrections efforts.

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

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' 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, and training of community corrections staff, continuously increasing the regulation and professionalization of community corrections.

Chapter III: Decisions and Intake

Article 17: Where decision-making organs for community corrections make judgments, rulings, or decisions on temporary service of sentences 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 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 making community corrections decisions 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 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 three 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 receiving community corrections subjects shall 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: In carrying out community corrections work, the lawful rights and interests of community corrections subjects shall be protected, and negative impact to their normal work and lives shall be avoided; 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. The accepting organs shall promptly handle them, and inform to complainant, accuser, or informant of the outcome.

Article 25: Community corrections establishments shall draft a focused community corrections plan, and carry out categorical management and individualized corrections based on the community corrections subjects' sex, age, criminal motives, type of crime, circumstances of the crime, the content of the judgement, expressions of repentance, and other such circumstances.

Community corrections plans shall be promptly adjusted in light of the community corrections subjects' behavior.

Article 26: 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 27: 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 conduct inspections, they shall pay attention to protecting community corrections subjects identity information and personal privacy.

Article 28: 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; but are not to give approval where there is a chance of escape or carrying out activity in violation of oversight management provisions, and will explain the reasons.

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 29: 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 or be referred to the relevant organs for the imposition of public security administrative punishment, revocation of suspended sentence, revocation of parole, or return to prison for those temporarily serving their sentences 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 30: Community corrections establishments may employ electronic positioning to strengthen oversight and management of community corrections subjects in any of the following circumstances:

(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 an public security administrative sanction for violating oversight and management provisions.

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

Article 31: 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 32: 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 33: 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 34: 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 35: 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 36: 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.

Article 37: 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 to the people's procuratorates in writing regarding the adoption of the corrective opinion or procuratorial suggestions, and shall explain the reasoning where they are not adopted.

Chapter V: Education and Support

Article 38: 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.

Article 39: As necessary, community corrections establishments may conduct education for community corrections subjects on the rule of law, morality, and other such topics; strengthening their conception of rule of law, moral caliber, and repentance of 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 arrangements, and be tailored to the person.

Article 40: 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 normally enter school, and complete their programs.

Article 41: Residents' committees and villagers' committee 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 42: Community corrections' subjects' guardians, 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 completing education of community corrections subjects.

Article 43: Community corrections establishments may make open merit-based purchases of social work services or other social services, to provide 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 44: 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 45: Community corrections establishments may organize community corrections subjects' participation in public interest activities based on their personal strengths, and in consideration of their wishes, to restore social relationships and cultivate a feeling of social responsibility.

Article 46: 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: Enforcement in Prison

 

Article 47: 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. 

Article 48: 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 for advance custody when recommending that the suspended sentences or parole be revoked.

People's courts shall make a decision within 48 hours, and notify the public security organs to enforce it where the decision is for custody. The period of custody must not exceed 30 days.

Article 49: 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 opinions of the community corrections subjects, and the community corrections subjects may retain a lawyer to provide legal assistance, and submit opinions to the court.

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. Where community corrections subjects are taken into advance custody, their sentence is to be reduced one day for each day of advance custody.

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 50: 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 15 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 who are temporarily serving sentences outside of prison to prison the prisons shall immediately put the community corrections subject in prison for enforcement.

Article 51: 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 52: Where community corrections subjects are brought to prison for enforcement, community corrections is concluded.

Chapter VII: Special Provisions on Community Corrections for Minors

 

Article 53: Community corrections establishments shall employ targeted corrections measures based on the special circumstances of juvenile community corrections subjects' such as their age, psychological features and developmental need.

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 54: 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 55: 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 56: 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.

Article 57: Communist youth leagues, women's federations, and organizations for the protection of minors shall 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 58: 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 relevant conduct, the departments for education, human resources and social security, and other such departments are to order corrections.

Article 59: 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.

Provisions on the community corrections of minors may be referred to in implementing community corrections for subjects that are enrolled students who are already 18 years old.

Chapter VIII: Legal Responsibility

 

Article 60: Where community corrections subjects have conduct violating oversight and management provisions during the period of community corrections, the public security organs may 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 to return them to prison for enforcement.

Article 61: 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 62: 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) didn't perform, or didn't correctly perform, duties;

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

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

(5) Suppressed or retaliated against community corrections subject that lawfully made complaint appeals, accusations, or reports;

(6) other actions in violation of discipline or law.

Chapter IX: Supplemental Provisions

Article 63: This Law shall take effect on xx-xx-xxxx.

About China Law Translate 851 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*