Relevant regulations
Measures for the Implementation of the Regulations on Detention Facilities
general provisions
Article 1 These Regulations are formulated in accordance with the provisions of relevant laws with a view to regulating the establishment and management of detention centers, punishing and educating detainees, and protecting the lawful rights and interests of detainees.
Article 2 The following persons are detained in detention facilities:
（1） Persons who have been given administrative punishment of detention by public security organs or national security organs according to law;
（2） A person who has been detained by a people's court according to law.
Article 3 Detention centers shall safeguard the personal safety and legitimate rights and interests of detainees according to law, and shall not insult, corporal punishment or maltreat detainees or instigate or connive at others to insult, corporal punishment or maltreat detainees.
Detainees shall abide by laws, administrative regulations and the provisions on the administration of detention centers, obey the administration and receive education.
Article 4 The public security department under the State Council shall be responsible for the administration of detention centers throughout the country. The public security organs of the local people's governments at or above the county level shall be responsible for the administration of detention centers in their respective administrative areas.
Chapter II Detention Center
Article 5 The local people's governments at or above the county level shall set up detention centers according to their needs. The public security organ of the local people's government at or above the county level shall put forward opinions on the establishment and revocation of detention centers, which shall be examined and approved in accordance with the prescribed limits of authority and procedures.
Article 6 The detention center shall, in accordance with the prescribed construction standards, set up detention areas, administrative office areas and other functional areas.
Article 7 The detention center shall be equipped with weapons, police equipment, transportation, communication, technical prevention, medical treatment, fire fighting and other equipment and facilities according to regulations.
Article 8 The funds needed for the detention center shall be included in the financial budget of the people's government at the corresponding level.
Chapter III Detention
Article 9 The detention center shall detain the detainee in a timely manner on the strength of the detention decision document issued by the detention decision making organ. If it is necessary to take custody in a different place, the detention decision organ shall issue relevant legal documents and a written explanation of the need for taking custody in a different place, and obtain the approval of the competent public security organ of the detention center in a different place.
Article 10 When a detention center receives a detainee, it shall inform the detainee of the rights he enjoys according to law and the provisions he should abide by.
After the detainee is taken into custody by the detention center, the detention decision organ shall promptly notify the detainee's family members.
Article 11 When a detention center receives a detainee, it shall inspect the detainee's body and articles carried by him. The non necessities and cash of the detainee shall be registered and kept by the detention center. The contraband and other articles related to the case found in the inspection shall be handed over to the detention decision organ for handling according to law.
The physical examination of a female detainee shall be conducted by the female people's police.
Article 12 If the detention center finds that the detainee may be wrongly detained, it shall notify the detention decision authority, which shall make a decision on the matter within 24 hours; If a person should not be detained according to the provisions of Article 21 of the Law of the People's Republic of China on Administrative Penalties for Public Security, the detention center shall not accept the detention and notify the detention decision organ.
Article 13 If a detention center discovers that a detainee is addicted to drugs by taking or injecting drugs, it shall give him necessary treatment for drug addiction, and request the competent public security organ of the detention center to make a decision according to law on community drug rehabilitation or compulsory isolation for drug rehabilitation.
Chapter IV Management Education
Article 14 The detention center shall establish a duty inspection system and an emergency response mechanism. The patrol personnel on duty shall strictly guard their posts, report problems found in time and properly handle them.
Detention centers shall be equipped with surveillance video equipment to monitor the safety of detainees.
Article 15 Detention centers shall detain and manage detainees separately according to their gender, age and other management needs.
The direct management of female detainees shall be carried out by the female people's police.
Article 16 Detention centers shall establish records for the management of detainees.
Article 17 The detention center shall provide food and drink for the detainees in accordance with the prescribed standards, and respect the national dietary habits of the detainees.
Article 18 Detention centers shall establish a medical, health and epidemic prevention system and do a good job in disease prevention, epidemic prevention and treatment.
The detention center shall treat the sick detainee without delay. If a detainee needs to leave the detention center for medical treatment due to illness, it shall be approved by the director of the detention center and managed by the people's police; If a detainee suffers from an infectious disease and needs isolation treatment, the detention center shall take isolation treatment measures.
If the detainee is seriously ill, the detention center shall immediately take emergency measures and notify the relatives of the detainee.
Article 19 If the detention center finds that the detainee has one of the following circumstances, it shall recommend the detention decision organ to make a decision to stop the execution of the detention:
（1） Those who are suffering from mental illness or infectious diseases and need isolation treatment;
（2） Serious illness may endanger life safety.
Article 20 The necessities provided for the detainee during the detention period shall be checked and registered by the detention center before being handed over to the detainee. The detention center will not accept non necessities.
Article 21 Detention centers shall provide legal, moral and other education to detainees and organize them to carry out appropriate recreational and sports activities.
The detention center shall ensure that the detainee has at least 2 hours of outdoor activity every day.
Detention centers shall not force detainees to engage in productive labor.
Article 22 If the detainee reports or exposes illegal or criminal acts that are verified or the detainee stops illegal or criminal acts, the detention center shall commend them.
Article 23 If a detainee commits one of the following illegal acts, the detention center may admonish him, order him to sign a statement of repentance or use police equipment:
（1） Making noise, fighting and affray;
（2） Beating or bullying others;
（3） Deliberately damaging or destroying the property of the detention center or that of others;
（4） Plotting or executing an escape;
（5） Other behaviors seriously violating management.
The use of police equipment by the people's police of a detention center against a detainee shall be approved by the director of the detention center and shall comply with the provisions of relevant laws and administrative regulations.
Article 24 If the detainee is suspected of new violations or crimes during the detention period, the detention center shall report to the competent public security organ of the detention center for handling; If the detention center finds that the detainee is suspected of other violations or crimes before being detained, it shall notify the detention decision organ or report to the competent public security organ of the detention center for handling.
Article 25 The detention center guarantees the right of the detainee to communicate during the detention period, and the correspondence between the detainee and others is not subject to inspection and detention. The detainee shall abide by the regulations on communication management of the detention center.
Article 26 The detention center guarantees the right of the detainee to meet during detention. The detainee shall abide by the regulations on meeting management of the detention center.
Interviews with detainees shall be held in the interview area of the detention center at the prescribed time with valid identity documents.
When meeting the detainee, the lawyer entrusted by the detainee shall also hold a lawyer's practice certificate, a certificate of a law firm and a power of attorney or a legal aid official letter.
Article 27 If the detainee participates in the entrance examination, the birth of a child or the death of a close relative, the detainee or his close relative may apply for leave to leave the institution.
The application for leave from the detention center shall be reviewed by the detention center and reported to the detention decision authority for approval. The detention decision organ shall make a decision on whether to allow the detainee or his close relatives to leave the detention center within 12 hours of the application.
The time when the detainee asks for leave from the detention center shall not be included in the detention period.
Article 28 If the detainee or his close relatives apply for leave from the detention center, they shall provide a guarantor or pay a deposit to the detention decision organ. The management of the guarantor and the deposit shall be carried out in accordance with the relevant provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security.
If a detainee asks for leave and does not return, the detention decision organ shall be responsible for bringing him back to the detention facility for detention.
Article 29 If a detainee files a report or complaint, applies for administrative reconsideration, files an administrative lawsuit or applies for a suspension of detention, the detention center shall transfer the relevant materials to the relevant authorities within 24 hours, and may not inspect or detain them.
Chapter V Release of Detention
Article 30 At the expiration of the detainee's detention period, the detention center shall release the detainee from detention on time, issue a certificate of release of detention, and return the property in custody.
Article 31 If a detainee has any of the following circumstances when he is released from detention, the detention center shall transfer the detainee to the relevant organ or unit:
（1） Being deported or deported according to law;
（2） It is decided to implement criminal coercive measures according to law;
（3） A decision is made according to law to give up drug addiction in the community or in compulsory isolation;
（4） It is decided to take compulsory education and correction measures according to law.
Chapter VI Supplementary Provisions
Article 32 The time for execution of detention shall be calculated on a daily basis, and the period from the day of detention to the second day shall be one day.
Article 33 Detention centers set up by State security organs shall be managed by State security organs in accordance with the provisions of these Regulations.
Article 34 A person who is detained by the public security organ in the nature of administrative coercive measures according to law in a detention facility shall be detained separately from the detainee specified in Article 2 of these Regulations. The specific management measures shall be formulated by the public security department under the State Council with reference to these Regulations.
Article 35 These Regulations shall come into force as of April 1, 2012. [2]
