Order of the Zhuhai Municipal People’s Government
No. 109
The Measures for the Community Corrections of Zhuhai Special Economic Zone, as deliberated and adopted atthe 77th executive meeting of the 8th meeting of the Zhuhai Municipal People’s Government on May 6, 2016, is hereby issued and shall come into effect as of June 18, 2016.
Acting Mayor: Zheng Renhao
May 17, 2016
Measures for the Community Corrections
of Zhuhai Special Economic Zone
Chapter I General Provisions
Article 1These Measures are enacted in accordance with relevant laws and regulations, based on actual situations of Zhuhai special economic zone, with a view to standardizing and protecting the community corrections and maintaining the social harmony and stability.
Article 2 The Measures shall be applicable to the supervision, management, education, correction, and assistance of social adaptability with regard tooffenders serving sentence in communities of this municipality.
The offenders serving sentence in communityas mentioned in the preceding paragraph refer topersons sentenced of control, probation, parole, or temporary service outside the prison, or other persons serving community corrections in accordance with laws.
Article 3 The community corrections shall adhere to the principle of combining the punishment of crimes with education and correction, special departments with social forces, and maintaining social stability with promoting the re-socialization of offenders serving sentence in communities.
Article 4The municipal and district people’s governments shall include the community corrections in thenational economic and social development planning, establish and perfect a leading system and working mechanism for community corrections, strengthen the development of community corrections agencies and teams, and encourage and support the participation of social forces into the community corrections.
The administrative authorities of Hengqin New Area and economic functional areas shall perform the duties of the districtpeople’s governments.
Article 5The judicial administrativedepartment shall be responsible for organizing the implementation of these Measures.
Departments of public security, civil affairs, education, human resources and social security shall, within the scope of their responsibilities, assist in the implementation of community corrections.
The departments responsible for the community corrections of Hengqin New Area and economic functional areas shall perform the duties of the judicial administrativedepartmentat district-level.
Article 6 The villager committees, neighborhood committees, or the units or schools where the offendersserving sentence in communities worked for or studied in shall participate in and assist in implementing the community corrections in accordance with laws. Any family member, custodian, warrantor, or other relevant person of offenders serving sentence in communities shall assist in the implementation ofcommunity correction measures.
Article 7The municipal and district people’s governments shall consider the community corrections as a part of the assessment of comprehensive administration of social security and peaceful development, and supervise the performance of the people’s governments at the lower level in community corrections.
Chapter II Agency, Officer and Place of Community Corrections
Article 8The municipal judicial administrative department shall be responsible for the planning, guidance, supervision and inspection of the community corrections in this municipality.
Article 9 The community corrections agency of the district judicial administrative department shall be responsible for the enforcement of community corrections, andshall:
(i) proceed investigation and assessment applicable to community corrections;
(ii) deal with the acceptance and removal of community corrections;
(iii) organize and carry out supervision and management of offenders serving sentence in communities;
(iv) organize and coordinate the education and correction to offenders serving sentence in communities;
(v) organize and coordinate the assistance of social adaptability foroffenders serving sentence in communities; and
(vi) perform other duties provided by laws.
The office of justice shall be responsible for operational affairs of community corrections.
Article 10 Community corrections officers shall consist of law enforcement officers of community corrections and social workers of community corrections.
Article 11 When carrying out the community corrections, any community corrections officers shall wear a uniforms.
Law enforcement officer of community corrections shall present their work certificates when on duty.
Article 12Law enforcement officers of community corrections shall be civil servants of judicial administrative department, and shallfulfil the following duties:
(i)acceptance of offendersserving sentence in communities;
(ii) organization of the declaration of the commencement and removal of community corrections;
(iii) approval of supervisory and administrative affairs in community corrections; and
(iv) assessment, reward and punishment of offenders serving sentence in communities.
Article 13Social workers of community corrections shall be full-time social workers for community corrections openly recruited by the government or any personnel designated by any social organization entrusted by means of service purchasing, and shall, under the organization of community corrections agency, assist in carrying out community corrections.
The municipal and district judicial administrative departments shall organize training for social workers of community corrections regularly.
Article 14The municipal and district people’s governments shall recruit full-time social workers for community corrections openly. The number of full-time social workers for community corrections shall be in conformity with the number of offenders serving sentence in communities. The ratio between the full-time social workers of community corrections and the offenders serving sentence in communities shall not be lower than relevant standard specified in the national and provincial regulations.
Full-time social workers for community corrections shall be encouraged to take the National Social Workers Professional Examination, and any person obtained national social workers professional certificate, psychological consultant certificate or any other certificate shall be preferred in recruitment, and shall be rendered with corresponding benefits.
Article 15Volunteer organizations or volunteers shall be encouraged to participate in the education and assistance of offenders serving sentence in communitiesand carry out legal education, psychological guidance, education of social cognition, and technology training for offenders serving sentence in communities.
Article 16 The municipal and district judicial administrative departments shall establish places equipped with electronic control room, legal education room, register room, and archive room, to function as a platform for management, education and assistance foroffenders serving sentence in communities.
Chapter III Supervision and Administration
Article 17 The district judicial administrative department shall, subject to the delegation of the people’s court, people’s procuratorate, public security organ, and prison, conduct investigation and assessment to offenders sentenced to community corrections and submit an investigation and assessment report to the delegating authoritypromptly. Any unit or individual beinginvestigated shall cooperate and provide relevant information and materials honestly.
Article 18The district judicial administrative department shall deal with the receiving procedures of offendersserving sentence in communities in accordance with laws, guide the office of justice in formulation of correction scheme, and implement the supervisory and administrative measures. The office of justice shall be responsible for the organization of declaration of the commencement of community corrections.
Article 19 The office of justice shall formulate correction scheme for offenders serving sentence in communities, take pertinent supervision measures based on the comprehensive assessment of type of punishment, situations of the crime, behavior of repentance, personality, living environment of such, and adjust the measures from time to time in accordance with the effect of implementation.
Article 20The district judicial administrative department shall supervise the movement of offenders serving sentence in communities by means of onsite visit, communicational inspection, or electro-localization or other measures.
Where electro-localization is applied to any offender serving sentence in community,such offender shall be informed of the content and requirements of the supervision, and consequences in violation of the supervision regulations
Article 21 The office of justice shall conduct risk assessment onoffenders serving sentence in communities and implement level-to-level and classified administration.
Article 22The office of justice shall form correction team for offenders serving sentence in communities, and sign a written liability statement of community corrections with the correction team, in which responsibilities and duties of each team member shall be specified in accordance with the unit such member belongs to and identification thereof.
The team leader of the correction team shall be a law enforcement officer of community corrections, and the team shall consist of community polices, social workers of community corrections, volunteers, representatives from villager committee, neighborhood committee, or the unit or school where the offender serving sentence in community worked for or studied in, family member or custodian and warrantor of the offender serving sentence in communities. If the offender serving sentence in community is female, there shall have female member or members in the correction team.
Members of the correction team shall fulfil the following duties in accordance with the liability statement of community corrections:
(i) supervising and urging the offenders to report relevant situations, participate in the education and community service, and abide by relevant supervisory regulations;
(ii) reporting to office of justice situations concerning the compliance of laws, daily life, study and work of offenders serving sentence in communities;
(iii) reporting to the office of justice promptly upondetection of illegal act in violation of laws or supervisory regulations;
(iv) assisting in carrying out education and assistance; and
(v) performing other duties specified in liability statement of community corrections.
Article 23 Where any offender serving sentence in community meets the requirements of reduction of punishment, the judicial administrative department of the place where the offender resides shall propose the reduction of punishment together with relevant materials, submit such to thejudicial administrative department for approval and then apply to the intermediate people’s court for judgment, and copy the proposal to the people’s procuratorate at the same level.
Article 24When the correction term of any offender serving sentence in community expires, the community correction agency shall carry out the removal procedures of community corrections, and the office of justice shall organize the removal declaration.
The community corrections shall terminate where any offender dies, or is decided to serve sentence in prison or is sentenced to imprisonment.
Where any offender dies during the term of community corrections, the judicial administrative department shall inform the authority making approval and decision and the people’s procuratorate at the same level.
Chapter IV Education and Corrections
Article 25The district judicial administrative department and office of justice shall organize offenders serving sentence in communities to participate in concentrated education activities concerning basic knowledge of law and civil morality, and conduct classified and individual education based on the type of crime, punishment and other specific situations. The education time for each offender shall be no less than eight hours per month.
Article 26 The district judicial administrative department and the office of justice shall regularly organize offenders serving sentence in communities to participate in volunteer activities and community services like cleaning, old-age care, and assistance for the disabledin accordance with the working capability and health status of offenders serving sentence in communities. The community service time of each offender shall be no less than eight hours per month.
Article 27 The office of justice shall examine situations concerning compliance with laws, acceptance of supervision and participation in education and community service, and adjust the strictness of supervision measures for offenders in accordance with the examination results.
Article 28 The district judicial administrative department shall, pursuant to practical necessity, organize psychological health education activities for offenders serving sentence in communities in order to realize psychological correction.
Article 29 With regard to any juvenile offender serving sentence in communities, pertinent correction measures shall be taken based on the age, psychological features, physical and mental development requirements and family conditions of such juvenile offender.
Community corrections for juvenile offenders serving sentence in communities shall be proceeded separately from the community corrections for adult offenders, closed correction declaration shall be implemented, and correction files shall be kept as confidentiality.
The judicial administrative department shall coordinate the participation of the organization of the communist youth league in community corrections for juvenile offenders.
Article 30 The municipal and district judicial administrative authorities may purchase services of programs concerning part of concentrated education, community service, psychological counseling, correction of deviant behaviors, restoration of the relationship between family and community, restoration and development of social functions, professional skills training from social organizations with qualified community corrections capability.
The social organizations providing community corrections service may enjoy preferential tax policies if requirements are satisfied.
Chapter V Assistance in Social Adaptability
Article 31 Where the families of offenders serving sentence in communities meet the requirements of homestead application and rural land contract, such situations shall be dealt with in accordance with relevant regulations.
Article 32 Where the families of offenders serving sentence in communities meet the requirements of subsistence allowances or temporary living security, they shall be included in the scope of subsistence allowances or be granted with temporary living security.
Article 33 Offenders serving sentence in communities shall participate in social insurance and enjoy the treatment thereof. offenders who have already participated in basic endowment insurance for enterprise employees and realized re-employment, or have already participated in basic endowment insurance for urban and rural residentsand paid the premium in accordance with regulations may, upon reaching the statutory age of retirement or the age of getting pension, get corresponding basic pension in accordance with relevant regulations, but offenders in prison shall not be included in the adjustment of basic pension.
Article 34Enterprises shall be encouraged to employ offenders serving sentence in communities. Where the employers or public welfare positions employ offenders satisfying the requirements for persons who have difficulty in finding jobs, they will be rendered with social insurance allowance and position allowance subject to the payment made by such employers in accordance with the actual number of employees.
Where offenders satisfying the requirements for persons who have difficulty in employment apply for employment and pay the social insurance premiums after flexible employment, such offenders shall enjoy social insurance allowance for flexible employment in accordance with relevant regulations; where such offenders engage in individual business, they may enjoy reduction or exemption of tax in accordance with relevant regulations; where offenders serving sentence in communities start a business in this municipality, they may enjoy various supportive policies for entrepreneurship.
Article 35With regard toany juvenile offender who fails to fulfil the juvenile compulsory education, the judicial administrative department shall cooperate with education department to coordinate, urge and assist the legal custodian of such juvenile to accept the education. Where any offender desires to accept education but is in the non-compulsory education phrase, the education department shall encourage and support in accordance with relevant regulations.
Article 36 Any unit or individual shall be encouraged to participate in community corrections through donation of goods and materials, provision of skills training and professional service and otherwise, to assist the offenders in returning back to the society.
Chapter VI Safeguard Measures
Article 37 The municipal and district people’s governments shall establish community corrections expenditure safeguard system, to audit the community corrections expenditures in accordance with the number of offenders conditionally released in community, and include the expenditures into the financial budget at the same level.
No unit or individual shall retain or embezzle the community corrections expenditures.
Article 38 The municipal, district, and town people’s governments and street committeesshall provide places, and necessary equipment and facilities for community corrections.
The district judicial administrative department shall regulate the administration and education places of community corrections and play its functions in integration of resources of community corrections, coordination of supervision and management, and implementation of education and assistance measures.
Article 39 The public security organ shall strengthen the management of offenders serving sentence in communities, shall not issue any exit permit to any offender serving sentence in communities legally not allowed to exit in the filing, deal with offenders serving sentence in communitieswho violateregulations for management of public order according to law, assist judicial administrative department in detection of offenders out of supervision, arrestment of offenders at large and transfer of offenders with probation or parole removed to prison or detention house.
Article 40 Civil affairs department shall include the community corrections into the construction planning of social service system and guide villagers’ committees, neighborhood committees and social organizations in the assistance and participation incommunity corrections.
Article 41 The human resources and social security department shall, via public employment service agencies, employment training agencies, and the public social platform of basic human resources and social insurance, enhance the professional skills training and employment guidance provided to offenders serving sentence in communities, include such into the local planning of professional skills training, provide employment information, expand channels of employment, and encourage and support offenders to find jobs individually or start businesses by themselves.
Article 42 Any endowment for education or assistance to community corrections shall be encouraged. Any unit or individual granting public welfare endowment may, where requirements are satisfied, enjoy relevant preferential tax policies.
Enterprises, institutions or social organizations shall be encouraged to establish service bases for education and training of community corrections and community service.