Judicial Administrative Organs Of Compulsory Isolation Rehabilitation Work Provision

Original Language Title: 司法行政机关强制隔离戒毒工作规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201305/20130500387405.shtml

Judicial administrative organs of compulsory isolation rehabilitation work provision

    (April 3, 2013 to 127th published since June 1, 2013, the Ministry of Justice) Chapter I General provisions

    First in order to regulate the judicial administrative organs of compulsory isolation rehabilitation to help drug addicts quit drug addiction, maintain social order, according to the People's Republic of China narcotics control law, the drug addiction treatment centres Ordinance and other laws and regulations and the relevant provisions, these provisions are formulated.

    Second judicial administrative organs compulsory isolation rehabilitation work should follow the people-oriented, scientific principles of treatment, comprehensive treatment and care assistance, education and save drug addicts.

    Article III judicial administrative organs for compulsory isolated drug compulsory isolation rehabilitation decisions taken by public security organs, in compulsory isolation rehabilitation place for the execution of public security organs after three to six months, or by provinces, autonomous regions, municipalities directly under the implementation of the programme to the compulsory isolation rehabilitation personnel (hereinafter "addicts") shall perform compulsory isolation rehabilitation.

    Fourth police engaged in compulsory isolation rehabilitation should be strict, just, fair and civilized law enforcement, respect for the personality of drug users, and protect their legitimate rights and interests.

    Article judicial administrative organs of compulsory isolation rehabilitation requirements in accordance with State standards included in local government budgets.

    Chapter two place settings

    Compulsory isolation rehabilitation section sixth judicial administrative organs, shall conform to the planning of the Ministry of Justice, by provinces, autonomous regions and municipalities directly under the Department of Justice (Bureau) auditing, approved by the provincial people's Government, and submitted to the Ministry of Justice for the record.

    Where conditions should be admitted individually female drug addicts under compulsory isolation rehabilitation and compulsory isolation rehabilitation of juvenile drug addicts were treated.

    Article seventh compulsory isolation rehabilitation so their names and "compulsory isolation rehabilitation," and the same geographical region there are several compulsory isolation rehabilitation, otherwise rename.

    Special treatment of female drug addicts under compulsory isolation rehabilitation by name, names followed by "women's compulsory isolation rehabilitation"; compulsory isolation rehabilitation of minors admitted to specialized names, names followed by "compulsory isolation rehabilitation of minors".

    Established by article eighth compulsory isolation rehabilitation Director people and Political Commissar, Deputy Director of several individuals, set function bodies and drug Brigade, from treated scale equipped with discipline, medical and logistical support staff.

    Nineth compulsory isolation rehabilitation establishment of a medical institution, accepting the medical direction and supervision of the work of the health Administrative Department.

    States staff in compulsory isolation rehabilitation provisions of article tenth of wage benefits and insurance.

    Chapter reception

    11th compulsory isolated drug rehabilitation center under the people's Governments above the county-level public security organ's decision compulsory isolation rehabilitation receive detoxification.

    12th when receiving compulsory isolated drug addicts should check the identity of drug users, to carry out the necessary health checks, fill in compulsory isolation rehabilitation personnel in the health check form.

    Drug addicts have injuries to the body, forced segregation of inmates shall be recorded, transferred by public security organs and detoxification of signature confirmation. Female personnel should conduct pregnancy tests.

    Pregnant women or women who are nursing their own infants under one year of age shall not be received. 13th should receive compulsory isolation rehabilitation of drug addicts, body and belongings checked, according to the contraband, the registration of items other than necessities and signed by himself of drug users, the near relatives specified by its back or compulsory isolation rehabilitation trust.

    Checks should have more police presence.

    Female drug addicts, a physical examination shall be conducted by female police.

    Article 14th receives compulsory isolated drug addicts, should fill in compulsory isolation of drug users in the registration form and check drug addicts among the relevant public security organs during the compulsory isolation rehabilitation materials.

    After 15th addicts into, compulsory isolation rehabilitation shall be notified in writing by their families, the notice shall be from the date of drug addicts in the 5th issue.

    The fourth chapter management

    16th compulsory isolation rehabilitation should be based on gender, age, illness, and so on, respectively, management of drug addicts under drug treatment, staging management of drug addicts; according to the performance of drug users and to adapt to society's hierarchical management.

    17th police compulsory isolation rehabilitation to drug addicts under direct management, is strictly prohibited by other personnel management functions.

    Female drug abusers are directly managed by female police.

    18th compulsory isolation rehabilitation should be to establish a safety management system safety checks to detect and eliminate security risks.

    Emergency plans should be developed by the compulsory isolation rehabilitation, and exercise regularly.

    Article 19th mandatory segregation of inmates shall install monitoring, emergency alarms, security systems such as access control checks, and contraband detection, save video in accordance with regulations and related information.

    Compulsory isolation rehabilitation should arrange special police responsible for security work compulsory isolation rehabilitation. 20th for compulsory isolated drug rehabilitation center outside personnel to the drug addicts, goods and mail, checks should be carried out by the compulsory isolation rehabilitation, prevention of drug and other contraband.

    Checks, there should be more police presence.

    When you check your mail, should protect the freedom and privacy of correspondence of drug users.

    Approved by the 21st as compulsory isolation rehabilitation, drug addicts can use the specified fixed telephone with their relatives, guardians or school or organization concerned calls.

    Addicts may not hold, the use of mobile communication devices.

    22nd detoxification unit or where the relatives and school staff in accordance with compulsory isolation rehabilitation visits visits drug detoxification.

    Compulsory isolation rehabilitation should be checked by visiting personnel identification documents of unknown or unverifiable is not allowed to visit.

    Being taken restrictive measures or in individual management of drug addicts, no tours. Article 23rd visits should be carried out in the visiting room.

    Visiting personnel shall abide by the visitation provisions; visiting personnel who violate regulations to discourage invalid and can terminate the visit.

    Visiting personnel to the items subject to approval of drug users, and checked by the police; to the detoxification of cash should be deposited in personal accounts of drug users discover visiting officers visited a drug, should be transferred to the public security organs dealt with according to law; pass found visiting officers visited other contraband goods, shall, in accordance with the relevant regulations. Article 24th for spouse, immediate family members of drug users dying, death or other major changes in the family may apply for going out to visit.

    Apply for out of office visits required to have medical units, the Centre staff domicile or place of residence or Street police station, the original unit (village, town) documents.

    Except as provided in the preceding paragraph, can approve compulsory isolation rehabilitation physical therapy effect of drug addicts go out to visit their spouses, immediate relatives. 25th approved compulsory isolated drug addicts out of office visits, should be sent to drug treatment staff on visits to prove. Go visit or transit time of drug users not later than 10th.

    For drug addicts who are not fails due to force majeure, regarded as escape processing. Article 26th out of drug users after visits back, forced segregation of inmates shall be tested.

    Found a new drug may not be reported to the premature termination of compulsory isolation rehabilitation.

    27th to drug addicts, one of the following circumstances shall be determined according to different scenarios were given warning, admonition, ordered to repentance:

    (A) in violation of code of conduct, failing to comply with compulsory isolation rehabilitation of drug users by discipline, education is not correct;

    (B) bullying, assault, abuse of other drug addicts;

    (C) concealing contraband;

    (D) the exchange of drug information, imparting criminal methods.

    Warning, admonition, and ordering of repentance for addicts, decided by the drug treatment group and executed.

    In the 28th to seriously disrupt the order, possession or drug ingestion or injection, planned or implemented escape, assault, suicide, self-harm, self-mutilation, and suspected of a crime shall be transferred to judicial organs for treatment of drug addicts, should be implemented on a separate compulsory isolation rehabilitation management. Shall be subject to compulsory isolation separate management approval of the head of the drug addiction treatment centres.

    In case of an emergency, you can initially take separate measures, within 24 hours and go through examination and approval procedures. Addicts to separate management, schedule dedicated to managing the people's police. A separately administered no more than 5th.

    Management shall continue to use alone.

    Article 29th of possession or drug ingestion or injection drug users, and shall not be reported to the early termination of compulsory isolation rehabilitation, and shall, before the expiration of the diagnostic assessment, as a basis for extension of compulsory isolation rehabilitation; suspected of a crime, shall be investigated for criminal liability. Article 30th case of addicts escape, violence, dangerous acts, such as assault, forced segregation inmates can police use of firearms by law to stop it.

    Revisions shall be recorded. 31st addicts escape, forced segregation of inmates shall immediately notify local public security authorities, and cooperate with the public security organs to recover escaping officers. Of recovered drug addicts should proceed with the compulsory isolation rehabilitation, not included in compulsory isolation rehabilitation period during the escape.

    Recovered may not be reported to the premature termination of compulsory isolation rehabilitation of drug users.

    Article 32nd filing a complaint, report or expose of drug users, charges, compulsory isolation rehabilitation should be dealt with according to law; for compulsory isolated drug disagrees with the decision of administrative reconsideration or administrative proceedings, compulsory isolation rehabilitation related material after registration should be transmitted to the Department in a timely manner.
Article 33rd compulsory isolation rehabilitation staff of drugs and other contraband into the compulsory isolation resulting from dereliction of rehab, violation of provisions allowing addicts to carry, use or for the delivery of contraband such as drugs, should be disciplined according to law; a suspected crime, shall be investigated for criminal liability.

    Enter other personnel for compulsory isolated drug addicts drug, shall be handed over to judicial organs according to law.

    The fifth chapter of treatment and rehabilitation

    Article 34th shall, in accordance with compulsory isolated drug addicts smoke, the types of injection drug use, addiction and withdrawal symptoms, such as targeted physical treatment, psychological treatment and physical rehabilitation.

    Transferred by public security organs, compulsory isolation rehabilitation of drug addicts, should do the follow-up work of the programme. Article 35th of detoxification treatment, scientific, standardized diagnosis and treatment technologies and methods should be adopted, drugs, medical devices complies with the relevant provisions of the State.

    Drug treatment using narcotic and psychotropic drugs should apply in accordance with regulations and strict management, when used by a narcotic, psychotropic drug prescription physician in accordance with the relevant specifications of the right prescription.

    Prohibition addicts to detoxification drug test objects. Article 36th compulsory isolated drug addiction treatment centres for drug addicts should be regularly to conduct medical checks. For patients suffering from diseases of drug addicts should be treated.

    For patients suffering from infectious diseases, drug addicts, isolation should be in accordance with the relevant provisions of the State to take the necessary measures.

    37th article drug personnel with serious disease, not out by treatment may endanger life of, by by within medical institutions or II level above hospital issued of diagnosis proved, by forced isolation drug by where province, and autonomous regions, and municipalities judicial administrative organ drug management sector approved, reported forced isolation drug decided organ record, forced isolation drug by can allows its by outside medical, and to by outside medical proved. Article 38th detoxification treatment outside the period, compulsory isolation rehabilitation period of continuous computing.

    Health status is no longer appropriate for back to the enforced by compulsory isolation rehabilitation, compulsory segregation of inmates shall compulsory isolation rehabilitation authorities make recommendations for change to community drug treatment and compulsory isolation rehabilitation province, autonomous region, or municipality directly under the administration of justice organs drug Management Department.

    39th shall establish compulsory isolated drug rehabilitation of mental health records, mental health education, counselling, psychological treatment for addicts; on severely abnormal mental state or violence, self-harm, self-mutilation and other dangerous drug addicts should implement psychological crisis intervention. 40th may occur on self-harm, self-mutilation, drug addicts use restrictive measures should be approved by the head of compulsory isolation rehabilitation.

    Restrictive measures should be taken to comply with the medical norm.

    The addicts to take restrictive measures, police and medical personnel should observe closely; likely situations such as self-harm, self-mutilation is eliminated, should lift the restrictive measures in a timely manner.

    41st compulsory isolation rehabilitation medical cooperation with socio-medical institutions, improve the quality of drug treatment and health care.

    42nd compulsory isolation rehabilitation through physical exercise, entertainment, life skills training, physical rehabilitation training for drug addicts, helping addicts recover bodily functions, enhance physical performance.

    Article 43rd under compulsory isolation rehabilitation needs, may appoint an participation of drug users have the ability to work the necessary labor. Organizations work in the production of drug users, shall pay the remuneration. Drug addicts working time of not more than five days a week, no more than six hours a day.

    Statutory holidays shall not be arranged to work in the production of drug users. 44th compulsory isolation rehabilitation shall establish a safety management system, to participate in the production safety of drug users, provide necessary PPE.

    Production site project shall conform to the relevant provisions of safety management and labour, shall not introduce flammable, explosive and other dangerous items, may organize drug users hindered physical rehabilitation work.

    The sixth chapter education

    Article 45th compulsory isolated drug addicts received new should be not less than one month into the education, educational content including compulsory isolation rehabilitation-related legal regulations, as the JI, the rights and obligations of drug users, etc.

    Article 46th compulsory isolation rehabilitation should take the form of classroom teaching, the concentration of drug users are health, legal, ethical and policy education. 47th compulsory isolation rehabilitation should be to develop individual education of drug users. Drug Police Brigade in charge of the basic situation of drug users should look familiar, grasp the ideological trends, is in charge of each of the members of the drug at least once a month to have a personal conversation.

    Drug addicts have serious thoughts, mood swings, it shall talk channel.

    48th article should carry out compulsory isolation rehabilitation drug culture, using television, radio, exhibitions, theatrical performances, books, newspapers, billboards and local area networks and other cultural carrier, active cultural life of drug users, enrich the forms of education.

    49th compulsory isolation rehabilitation should strengthen cooperation with local authorities and links through help, to help in the form of the agreement, completes the education of drug users. Compulsory isolation rehabilitation may invite relevant experts, scholars, social workers, volunteers, as well as successful rehabilitation assistance to carry out educational work.

    To assist in education have made significant achievements and outstanding contributions, should be commended and rewarded.

    50th compulsory isolation rehabilitation should be coordinated by human resources and Social Security Department, vocational skills training for drug addicts and professional skills identification; vocational skills accreditation and issued the appropriate professional qualification certificates.

    51st compulsory isolation rehabilitation should be carried out before the drug addicts return to social education, education no less than a week.

    Can arrange for compulsory isolated drug addicts into drug rehabilitation places and drug maintenance treatment places to visit, experience, drug rehabilitation, addiction treatment methadone maintenance treatment-related knowledge publicity and education, and for the lifting of compulsory isolation rehabilitation voluntarily entered drug rehabilitation site rehabilitation or participate in drug maintenance treatment of addiction detoxification is facilitated.

    Seventh chapter life and health Should be in accordance with the regulations set by the 52nd compulsory isolation rehabilitation addicts living facilities. Quarters of drug users should be bright and strong safety, ventilation, equipped with necessary supplies.

    Living conditions of drug users should be greening and beautifying.

    53rd should remain compulsory isolated drug addicts living quarters clean, regular haircut, bathing and drying the bedding of drug users, maintain their personal hygiene.

    Compulsory isolation rehabilitation should be unified by drug addicts. 54th compulsory isolation rehabilitation should ensure addicts of catering is not less than the required standards. Food requirements of drug users may not be diverted to any other use.

    Canteens should be published on a monthly food accounts of drug users. The ongoing detoxification treatment and disease treatment on food should be given proper care and attention.

    Minority addicts, and shall respect their eating habits. 55th compulsory isolation rehabilitation should ensure addicts of food safety.

    Canteen managers and kitchen staff health certificates issued by the health administrative departments shall be obtained, for a medical examination every six months, failed to pass the medical examination should be adjusted in a timely manner.

    Dining room 48-hour food sampling system of drug users. 56th addicts can in the stores to buy daily necessities.

    Stores selling price should be reasonable, clearly, banned the sale of expired or deteriorated goods.

    Regarding compulsory isolated drug store to purchase goods in check, preventing contraband flows. 57th compulsory isolation rehabilitation should be done for disease prevention and control work.

    Epidemic occurred, it shall promptly report to the competent authority and the local disease prevention and control departments, and to take appropriate preventive measures.

    The eighth chapter release Article 58th compulsory isolated drug addiction treatment centres for drug addicts should be in accordance with the relevant provisions of the diagnostic assessment.

    For compulsory isolated drug expiration and diagnostic assessment meeting prescribed standards of drug addicts, shall cancel the compulsory isolation rehabilitation. Diagnostic evaluation, drug addicts to meet the required conditions, compulsory isolation rehabilitation can be made by early termination of compulsory isolation rehabilitation or extension of compulsory isolation rehabilitation and according to prescribed procedures approval of the compulsory isolation rehabilitation authorities.

    Compulsory isolation rehabilitation receive compulsory isolation rehabilitation decision issued by the authorities of premature termination of compulsory isolation rehabilitation decision or written decision on the extension of the compulsory isolation rehabilitation period should arrive in detoxification. 59th compulsory isolation rehabilitation should be the lifting of the compulsory isolation rehabilitation 3rd compulsory isolation rehabilitation authorities, also informed the families of drug users, units, domicile or residence police station will be back on schedule.

    Drug addicts when no one picked themselves off the forced segregation of inmates shall promptly notify the compulsory isolation rehabilitation authorities.

    On medical parole to the lifting of compulsory isolation rehabilitation personnel, shall notify to the compulsory isolation rehabilitation dissolved compulsory isolation rehabilitation procedures.

    60th to lift compulsory isolation rehabilitation, compulsory segregation of inmates shall issue a certificate of release compulsory isolation rehabilitation of drug users, while property in escrow refund.

    61st addicts is in accordance with prison sentences or detain, arrest, and forced segregation of inmates shall in accordance with the relevant legal instruments, transfer procedures with the relevant authorities, and notifies the compulsory isolation rehabilitation authorities; was released by law compulsory isolation rehabilitation of drug users has not yet expired, continue to implement compulsory isolated drug rehabilitation. 62nd death in compulsory isolation rehabilitation of drug users and mandatory segregation of inmates shall report immediately to the respective competent authorities, informing their families, compulsory isolation rehabilitation authorities and the local people's Procuratorate. Families of drug users have doubts about causes of death may be entrusted with the departments concerned to make identification.
Aftermath in accordance with relevant State regulations.

    63rd compulsory isolation rehabilitation shall keep archives of drug users.

    Archives content including: forced isolation drug decided book, and forced isolation drug personnel into by registration form, and forced isolation drug personnel into by health status check table, and property custody registration form, and records, and psychological health archives, and diagnosis assessment results, and ahead of lifted forced isolation drug decided book or extended forced isolation drug term decided book, and lifted forced isolation drug certificate and in forced isolation drug during produced of important instruments, and audio-visual information.

    Except as expressly provided by law, shall not provide compulsory isolated drug addicts archive information.

    Nineth chapter by-laws 64th addiction voluntarily accept compulsory isolation rehabilitation shall use public security authorities at their place of compulsory isolation rehabilitation written consent, apply to the compulsory isolation rehabilitation.

    Agree to receive compulsory isolated drug, duration of drug treatment, drug addiction treatment, rights and obligations entered into a written agreement on such matters; agreement does not specify, and reference to the relevant provisions of the regulations. 65th of these provisions come into force on June 1, 2013.