Law of the People’s Republic of China on Community Corrections

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Order of the President of the People’s Republic of China

No. 40

The Law of the People’s Republic of China on Community Corrections, adopted at the 15th Meeting of the Standing Committee of the Thirteenth National People’s Congress of the People’s Republic of China on December 28, 2019, is hereby promulgated and shall go into effect as of July 1, 2020.

Xi Jinping

President of the People’s Republic of China

28 December, 2019

 

Law of the People’s Republic of China on Community Corrections 

(Adopted at the 15th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 28, 2019)

Contents

Chapter I General Provisions

Chapter II Institutions, Personnel and Duties

Chapter III Decision and Acceptance

Chapter IV Supervision and Management

Chapter V Education and Support

Chapter VI Release and Termination

Chapter VII Special Provisions on Juvenile Community Corrections

Chapter VIII Legal Liability

Chapter IX Supplementary Provisions

Chapter I   General Provisions

Article 1 This Law is enacted on the basis of the Constitution so as to advance and regulate the community corrections work, ensure right enforcement of criminal judgments, criminal rulings, and decisions on temporary service of sentence outside prison, improve the quality of corrections through education, promote the smooth integration of offenders subject to community corrections into society, and prevent and reduce recidivism.

Article 2 Community corrections are carried out in accordance with the law for convicts sentenced to public surveillance, imprisonment with a suspension of execution, release on parole, or permitted temporarily serving his sentence outside prison.

This Law applies to activities such as supervision and management, and education and support, of offenders subject to community corrections.

Article 3 Community corrections shall persist in combining supervision and management with education and support, combining specialized organs and non-government forces, and employing categorical management and individualized corrections for the targeted elimination of factors that might lead offenders subject to community corrections to commit new crimes, helping them to become law-abiding citizens.

Article 4 The offenders subject to community corrections shall accept community corrections and comply with supervision and management in accordance with the law.

Community corrections shall be conducted in accordance with the law, with human rights being respected and protected. The lawful rights of the offenders, including the personal and property right, shall not be infringed. The offenders shall not be discriminated against in employment, education, and social security, etc.

Article 5 The State supports the community corrections institutions in raising the level of information technology application, and using modern information technology to conduct supervision, management, education and support on the offenders subject to community corrections. Information shall be shared among departments related to the community corrections work in accordance with the law.

Article 6 The people’s governments at all levels shall list community corrections expenses in their budgets.

The expenses entailed for residents’ committees, villagers’ committees, and other social organizations to help community corrections institutions carry out their work pursuant to the law, shall be listed in the government budget for the corresponding level of community corrections institutions in accordance with relevant regulations.

Article 7 The organizations and individuals making outstanding contribution to community corrections are to be commended and rewarded in accordance with relevant provisions of the State.

Chapter II  Institutions, Personnel and Duties

Article 8 The judicial administrative department of the State Council is in charge of community corrections at the national level. The judicial administrative department of  the local people’s government at or above the county level is in charge of community corrections within its own administrative region.

The people’s court, the people’s procuratorate, the public security organ, and other relevant departments shall, in light of their respective functions, fulfill their duties concerning community corrections in accordance with the law. The people’s procuratorate shall perform legal supervision of community corrections in accordance with the law.

The local people’s government shall establish a community corrections commission as needed for overall planning, coordination, and guidance of community corrections within its administrative region.

Article 9 The local people’s government at or above the county level shall establish the community corrections institution as needed for implementation of community corrections. The establishment and revocation of the community corrections institution is carried out upon proposal of the judicial administrative department of the local people’s government at or above the county level, and approved in accordance with prescribed authoriteis and procedures.

The judicial office shall undertake the work related to community corrections as entrusted by the community corrections institution.

Article 10 The community corrections institution shall be staffed with specialized State functionaries with professional knowledge in areas such as law (hereinafter referred to as the community corrections institution staff) to perform enforcement duties such as supervision and management, and education and support.

Article 11 When necessary, the community corrections institution shall organize social workers with specialized knowledge or practical experience in such areas as law, education, psychology or social work, to carry out the work related to community corrections.

Article 12 The residents’ committees and the villagers’ committees shall assist community corrections institutions in their work in accordance with the law.

The guardians, family members of the offenders subject to community corrections and their employers or the schools they are enrolled shall assist the community corrections institution in community corrections.

Article 13 The State encourages and supports participation by businesses, public institutions, social organizations, volunteers and other non-government forces in community corrections work in accordance with the law.

Article 14 The community corrections institution staff shall strictly obey the Constitution and the laws, be dedicated to their duties, follow strict discipline, and be honest and clean.

Article 15 The community corrections institution staff, and other persons participating in community corrections, shall carry out community corrections activities in accordance with the law and their work shall be protected by the law.

Article 16 The State promotes the building of high-caliber community corrections work force. The community corrections institution shall strengthen management, supervision, training, and job security for the community corrections institution staff, and continuously improve the standardization and professionalism of community corrections.

Chapter III  Decision and Acceptance

Article 17 When the community correction decision-making organ makes a sentence of public surveillance or imprisonment with a suspension of exection, or makes a ruling of release on parole, or makes a decision or approval of temporary service of the sentence outside prison, it shall define the place for enforcing community corrections.

The place of residence of the offender subject to community corrections shall be the place for enforcing community corrections. Where the offender resides at multiple places, the place of habitual residence may be defined as the place for enforcement.

Where the offender’s residence or habitual residence cannot be defined or is not suitable for enforcing community corrections, the community corrections decision-making organ shall define a place for enforcement based on the principle of being conducive to the offender in receiving community corrections and better integrating into society.

“The community corrections decision-making organ” as used in this Law refers to the people’s court that makes a sentence of public surveillance or imprisonment with a suspension of exection, or makes a ruling of release on parole, or makes a decision of temporary service of the sentence outside prison, as well as the prison management organ or the public security organ that approves the temporary service of the sentence outside prison in accordance with the law.

Article 18 When necessary, the community corrections decision-making organ may entrust the community corrections institution or relevant social organizations with investigating and assessing the defendant’s or convict’s dangerousness to society and impact on the community in which he lives, and issuing an opinion for reference when the decision on community corrections is made. The residents’ committee or the villagers’ committee and other organizations shall provide necessary assistance.

Article 19 The community correction decision-making organ shall makes a sentence of public surveillance or imprisonment with a suspension of exection, or makes a ruling of release on parole, or makes a decision or approval of temporary service of the sentence outside prison in accordance with the requirements and procedures providec by the Criminal Law, the Criminal Procedure Law, and other laws.

The community corrections decision-making organ shall conduct education of the offenders subject to community corrections, informing them the regulations they shall obey during the community corrections period, and the legal consequences for breaking the regulations, and order them to register on time.

Article 20 The community corrections decision-making organ shall inform the community corrections institution of 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 procuratorate and the public security organ of the place of enforcement at the same time. If the place where the community corrections decision is made differs from the place of enforcement, the community corrections institution of the place of enforcement shall send the legal instruments to the people’s procuratorate and the public security organ at the place of enforcement.

Article 21 The offender subject to community corrections who is sentenced by the people’s court to public surveillance, or imprisonment with a suspension of execution, or release on parole shall register with the community corrections institution at the place of enforcement within 10 days of the judgement or ruling taking effect.

The offender who temporarily serves a sentence outside prison as decided by the people’s court shall be transferred to the community corrections institution by the detention center or the public security organ enforcing release on bail pending trial or residential surveillance, within ten days of receiving the decision.

The offender whose temporary service of sentence outside prison has been approved by the prison management organ or the public security organ shall be transferred to the community corrections institution by the detention center or the public security organ within ten days of receiving the approval.

Article 22 The community corrections institution shall accept the offenders subject to community corrections in accordance with the law, check the legal instruments, verify their identities, handle acceptance registration, establish archives, and announce the facts of the crimes committed by the offenders, the period for community corrections, and the rules that shall be followed.

Chapter IV  Supervision and Management

Article 23 During the community corrections period, the offenders subject to community corrections shall abide by laws and administrative regulations, perform their obligations set forth in the judgments, rulings, decisions on temporary service of sentence outside prison, and other such legal instruments, abide by supervision and management provisions of the judicial administrative department of the State Council regarding reporting, receiving guests, going out, residence change, and release on medical parole, and obey the management of the community corrections institutions.

Article 24 The community corrections institution shall work out individualized community corrections programs on the basis of the contents of the judgments, and the gender, age, psychological characteristics, health, criminal motives, types of crimes, circumstances of crimes, acts of repentance and other such circumstances of offenders subject to community corrections, so as to carry out categorical management and individualized corrections. The corrections programs shall be appropriately adjusted in light of circumstances such as the offender’s behavior.

Article 25 The community corrections institution shall designate a corrections group for the offender subject to community corrections on the basis of his circumstances, which is responsible for implementing the corresponding corrections programs.

When necessary, the corrections group may be comprised of personnel from the judicial office, the residents’ committee or the villagers’ committee, the offender’s guardians and family members, staff of his employer or the school in which he is enrolled, as well as social workers, volunteers, etc. Where the offender is female, the corrections group shall have a female member or female members.

Article 26 The community corrections institution shall stay informed of the activities and behaviors of the offenders subject to community corrections. It may use methods such as communications, digital verification, and onsite inspections to verify relevant information, and cooperation of the organizations and individuals concerned is required.

When carrying out the work such as onsite inspections, the community corrections institution shall protect the offenders’ identity information and personal privacy.

Article 27 The offenders subject to community corrections shall report to the community corrections institution for approval if they leave the city or county of residence or change the place of residence. The community corrections institution shall give approval where there is a justifiable reason; and may, in light of the circumstances, simplify the approval procedures and methods where regular cross-city or cross-county travels are necessary for normal work and life.

Where there is a need to change the place of enforcement because of change in the offender’s place of residence, the community corrections institution shall make a decision for the change in accordance with the relevant provisions. After making the decision, it shall inform the community corrections decision-making organ and the community corrections institution at the new place of enforcement, and send a copy of the relevant legal instrument to the latter. The community corrections institution at the new place of enforcement shall transfer the legal instrument to the people’s procuratorate and the public security organ of the place where it is located.

Article 28 The community corrections institution carries out evaluations, rewards, and punishments based on the behaviors of the offenders subject to community corrections and in accordance with the relevant provisions. Offenders shall be praised for showing outstanding behaviors in admitting guilt and making repentance, obeying laws and regulations, and accepting supervision, management and education. Where they violate laws, regulations, or provisions on supervision and management, they shall, depending on the circumstances, be given a reprimand or a warning, or a quest is made to the public security organ for imposing punishment for administration of public security, or a request is to made in accordance with the law for revoking the imprisonment with a suspensionof execution or release on parole, or for putting the offender who is temporarily serving his sentence outside prision back into the prison.

The evaluation result of the offenders may be the basis for determining whether they have demonstrated repentance or seriously violated supervision and management provisions.

Article 29 Where the offender subject to community corrections has any of the following circumstances, the electronic positioning device may be used to strengthen supervision and management upon approval of the person in charge of the judicial administrative department at the county level:

(1) violating the injunction issued by the people’s court;

(2) leaving the city or county of residence without any justifiable reasons and permission;

(3) being given a warning for refusal to report personal activities in accordance with the relevant provisions;

(4) being given a public security administrative penalty for violating supervision and management provisions;

(5) for whom a request is made for revoking the imprisonment with a suspensionof execution or release on parole, or for putting the offender who is temporarily serving his sentence outside prision back into the prison.

The period for use of the electronic positioning device provided for in the preceding paragraph shall not exceed three months. Where it is not necessary to continue the use, it shall be promptly taken off; where the period is completed but the assessment shows it is still necessary to continue the use, the period may be extended upon approval, but each extension shall not exceed three months.

The community corrections institution shall strictly preserve the confidentiality of information obtained through the electronic positioning device, and the relevant information can only be used for community corrections, and shall not be used for other purposes.

Article 30 Where the offender subject to community corrections loses contact, the community corrections institution shall immediately organize a search, and the public security organ and other relevant units and individuals shall cooperate and assist. After the offender is found, the matter shall be dealt with in accordance with the law in light of specific circumstances.

Article 31 Where the community corrections institution finds any offenders subject to community corrections committing conduct illegal activities such as acts in violation of the supervision and management provisions or acts in violation of the injunctions issued by the people’s court, it shall immediately stop such activites; and shall, if the activities are not stopped, immediately notify the public security organ to come for handling.

Article 32 Where the personal freedom of the offenders subject to community corrections is under restriction such as being subject to a decision of custody, compulsory isolation for drug rehabilitation or criminal coercive measures in accordance with the law, the relevant authorities shall promptly notify the community corrections institution.

Article 33 Where the offender subject to community corrections meets the requirements for commutation of punishment as provided in the Criminal Law, the community corrections institution shall make a proposal for commutation of punishment to the people’s court at or above the intermediate level of the place where the community corrections is enforced, and send a copy of the written proposal for commutation of punishment to the people’s procuratorate at the same level.

The people’s court shall make a ruling within thirty days of receiving the written proposal for commutation of punishment submitted by the community corrections institution, deliver the written ruling to the community corrections institution, and send a copy to the people’s procuratorate and the public security organ at the same time.

Article 34 When community corrections are enforced, the lawful rights and interests of the offenders subject to community corrections shall be protected. The measures and methods taken for community corrections shall not have any unnecessary negative impact on the normal work and life of the offenders. The personal freedom of the offenders shall not be restricted or restricted in a disguised form,unless otherwise prescribed by the law.

Where the offender considers that his lawful rights and interests are infringed, he has the right to make a complaint, accusation, or a report to the people’s procuratorate or the relevant organs. The accepting organ shall promptly handle it, and inform the complainant, accuser, or informant of the outcome.

Chapter V  Education and Support

Article 35 The local people’s government at or above the county level and its relevant departments shall provide, in various forms, necessary venues and conditions for education and support of the offenders subject to community corrections, and organize and mobilize non-government forces to participate in education and support.

The relevant people’s organization shall assist the community corrections institution in accordance with the law in education and support.

Article 36 When necessary, the community corrections institution shall conduct education of the offenders subject to community corrections on the rule of law, morality, and other such topics, so as to strengthen their awareness of the rule of law, moral caliber and repentance for their crimes.

The education of the offenders shall, in light of their individual characteristics, routine behaviors, and other specific condition, be tailored to each of them by fully considering their work and life circumstances.

Article 37 The community corrections institution may coordinate with the relevant department and organizations to carry out vocational skills training and employment guidance for the offenders subject to community corrections with employment difficulties in accordance with the law, and assist the offenders who are school students to complete their schooling.

Article 38 The residents’ committee or the villagers’ committee may guide volunteers and community residents to conduct necessary education and support for the offenders subject to community corrections with special difficulties through multiple means by making use of community resources.

Article 39 The offenders’ guardians, family members, and employers or the schools in which they are enrolled, shall assist the community corrections institution in the education of the offenders.

Article 40 The community corrections institution may, by means of openness and on the basis of merit, purchase social work services of community corrections or other social services, so as to provide necessary support to the offenders subject to community corrections in education, psychological counseling, vocational skills training, improving social relations, and other such areas.

The community corrections institution may also carry out above-mentioned support activities by entrusting social organizations with project implementation and other means. The State encourages social organizations with experience and resources to carry out exchanges on support and demonstration activities across regions.

Article 41 The State encourages businesses, public institutions, and social organizations to provide jobs and vocational skills training to the offenders subject to community corrections. Businesses that hire qualified offenders will enjoy preferential policies of the State in accordance with relevant provisions.

Article 42 The community corrections institution may organize the offenders subject to community corrections to participate in public welfare activities in light of their personal strengths, so as to repair their social relationships and cultivate their sense of social responsibility.

Article 43 The offenders subject to community corrections may, in accordance with the relevant provisions of the State, apply for social assistance, participate in social insurance, and receive legal aid, and the community corrections institution shall give necessary assistance.

Chapter VI  Release and Termination

Article 44 Where the offender subject to community corrections completes the corrections period or is pardoned, the community corrections institution shall issue a certificate of release from community corrections to the offender, and inform the community corrections decision-making organ, the people’s procuratorate and the public security organ of the place where the community corrections institution is located of this release.

Article 45 Where the offender subject to community corrections receives a ruling of revoking the imprisonment with a suspension of execution or release on parole or a decision of putting him back into prison, or when the offender dies, the community corrections shall be terminated.

Article 46 Where the offender subject to community corrections matches the circumstance as provided in the Criminal Law for revoking the imprisonment with a suspension of execution or relase on parole, the people’s court shall revoke the imprisonment with a suspension of execution or relase on parole.

Where, the offender commits a new crime during the test period, or is found to have committed another crime before the judgment was pronounced for which no punishment is yet imposed, the people’s court hearing the case shall revoke the imprisonment with a suspension of execution or relase on parole, and give a written notice to the people’s court of original trial and the community corrections institution of the place where the community corrections is enforced.

Where the offender matches the circumstances other than those provided for in the second paragraph for revocation of imprisonment with a suspension of execution or relase on parole, the community corrections institution shall make a proposal to revoke the imprisonment with a suspension of execution or relase on parole to the people’s court of original trial or the people’s court of the place where the community corrections is enforced, and send a copy of the proposal in writing to the people’s procuratorate. When making the proposal to revoke the imprisonment with a suspension of execution or relase on parole, the community corrections institution shall explain the reasons therefor and provide relevant evidences and materials of proof.

Article 47 Where the offender subject to community corrections for whom a request has been made to revoke the imprisonment with a suspension of execution or relase on parole is likely to escape or pose a danger to the society, the community corrections institution may, when making the proposal to revoke the imprisonment with a suspension of execution or relase on parole, request that the people’s court make a decision to arrest the offender.

The people’s court shall decide whether to make the arrest within 48 hours. Where it decides to make an arrest, the public security organ shall effect the arrest. The period of detention after the arrest shall not exceed 30 days.

Article 48 The people’s court shall make a ruling within 30 days of receiving the community corrections institution’s proposal to revoke the imprisonment with a suspension of execution or relase on parole, deliver the ruling in writing to the community corrections institution and the public security organ, and send a copy to the people’s procuratorate at the same time.

Where the people’s court intends to revoke the imprisonment with a suspension of execution or relase on parole, it shall hear the defense of the offender subject to community corrections and the opinion of the lawyers retained thereby.

Where the people’s court makes a ruling to revoke the imprisonment with a suspension of execution or relase on parole, the public security organ shall promptly transfer the offender to the prison or detention center for enforcement. Where the arrest is made before enforcement, on day in custody shall be considered one day of the term sentenced.

Where the people’s court makes a ruling not to revoke the imprisonment with a suspension of execution or relase on parole, the public security organ shall immediately release the offender who is put under arrest.

Article 49 Where the offender subject to community corrections who is temporarily serving his sentence outside of prison matches the circumstance as provided in the Criminal Procedure Law under which the offender shall be put back into prison, the community corrections institution shall make a proposal for putting him back into prison to the community corrections decision-making organ of the place of implementation or the original community corrections decision-making organ, and send a copy of the proposal in writing to the people’s procuratorate.

The community corrections decision-making organ shall make a decision within 30 days of receiving the proposal in writing and send the decision in writing to the community corrections institution and the public security organ, and send a copy to the people’s procuratorate at the same time.

Where the people’s court or the public security organ decide to put the offender temporarily serving his sentence outside of prison back into prison, the public security organ shall immediately deliver the offender to prison or detention center for enforcement.

Where the prison management organ decides to put the offender temporarily serving his sentence outside of prison back into prison, it shall immediately put the offender back into prison for enforcement.

Article 50 Where the offender subject to community corrections for whom the ruling of revoking the imprisonment with a suspension of execution or relase on parole or the decision of putting back into prison is made escapes, the public security organ shall pursue for arrest, and the community corrections institution and the relevant organizations and individuals shall provide assistance.

Article 51 Where the offender subject to community corrections dies during the community corrections period, his guardians and family members shall promptly make a report to the community corrections institution. The community corrections institution shall promptly notify the community corrections decision-making organ, the people’s procuratorate and the public security organ of the place where it is located.

Chapter VII  Special Provisions on Juvenile Community Corrections

Article 52 The community corrections institution shall employ targeted corrections measures based on the age, psychological features, needs for development, upbringing, criminal motives of the juvenile offenders subject to community corrections, and the guardianship and educational capacity of their families.

While organizing the corrections group for the juvenile offender, the community corrections institution shall invite the person who is familiar with juveniles’ physical and psychological characteristics to join.

The community corrections of juveniles shall be conducted separately from corrections of adults.

Article 53 The guardians of the juvenile offenders subject to community corrections shall perform their guardianship duties, and bear obligations such as support and discipline.

Where the guardians languidly perform their guardianship duties, the community corrections institution shall urge and educate them towards performance of guardianship duties. Where the guardians refuse to perform their guardianship duties, the community corrections institution shall notify the relevant departments to handle the matter in accordance with the law.

Article 54 The community corrections institution staff and other persons participating in community corrections in accordance with the law shall keep confidentiality of the information on the identities of the juvenile offenders subject to community corrections they acquire in performing their duties.

Except as necessary for handling cases by the judicial organ or for inquiries by the relevant units in accordance with the provisions of the State, no archive information of juvenile offenders may be provided to any unit or individuals. The units making inquiries in accordance with the law shall keep confidentiality of the information they acquire.

Article 55 The community corrections institution shall notify and cooperate with the education department to provide conditions for the juvenile offender subject to community corrections who has not completed compulsory education to complete it. The guardians of the juvenile offender shall ensure school enrollment, and reception and completion of compulsory education for the offender in accordance with the law.

Where the offender who has reached 16 years of age desires to seek employment, the community corrections institution may coordinate with the relevant departments and units to offer vocational skills training and give guidance and assistance for employment.

Article 56 The Communist Youth League, the Women’s Federation, and the organization for protection of juveniles shall offer assistance in accordance with the law to the community corrections institution in juvenile community corrections.

The State encourages other social organizations related to juveniles to participate in juvenile community corrections, and gives policy supports in accordance with the law.

Article 57 The juvenile offenders subject to community corrections enjoys equal rights with other juveniles in going back to school, receiving further education and employment, and must not be discriminated against by any organizations or individuals. Acts of discrimination shall be dealt with in accordance with the law by the departments of education, human resources and social security and other relevant departments.

Article 58 Where a juvenile offender subject to community corrections reaches 18 years of age during the community corrections period, his corrections shall be carried out continuously in accordance with the provisions on juvenile community corrections.

Chapter VIII  Legal Liability

Article 59 Where the offender subject to community corrections acts in violation of supervision and management provisions during the period of community corrections, the public security organ shall impose a penalty in accordance with the Law of the People’s Republic of China on Penalties for Administration of Public Security; where such acts match circumstances for revoking the imprisonment with a suspension of execution or release on parole, or putting the offender permitted temporarily serving his sentence outside prison back into prison, the matter shall be handled in accordance with the law.

Article 60 Where the offender subject to community corrections beats, threatens, insults, harasses, or retaliates against the community corrections institution staff, other persons participating in the community corrections work in accordance with the law, or their close relatives, and a crime is thus constituted, the offender shall be investigated for criminal liabilities in accordance with the law; where a crime is not constituted, the public security organ shall impose a penalty for administration of public security.

Article 61 Where the community corrections institution staff or other State functionaries commit one of the following acts, they shall be given sanctions; where a crime is constituted, they shall be investigated for criminal liabilities in accordance with the law:

(1) claiming or accepting bribes by taking advantage of their positions or work;

(2) failing to perform their statutory duties;

(3) physically punishing or maltreating the offenders, or restricting or restricting in a disguised form the offenders’ personal freedom in violation of the law;

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

(5) retaliating against the offenders who have made complaints, accusations or reports in accordance with the law;

(6) committing other acts in violation of disciplines or laws.

Article 62 Where the people’s procuratorate discovers any violation of provisions of laws in the community corrections work, it shall present an opinion for correction or a procuratorial suggestion in accordance with the law. The unit  concerned shall respond in writing to the people’s procuratorate on the adoption of the opinions for correction or of the procuratorial suggestions, and shall explain the reason if the opinions and suggestions are not adopted.

Chapter IX  Supplementary Provisions

Article 63 This Law shall go into effect as of July 1, 2020.

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