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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II EDUCATION AT ENTRY INTO PRISON CHAPTER III INDIVIDUAL EDUCATION CHAPTER IV IDEOLOGICAL, CULTURAL AND TECHNICAL EDUCATION CHAPTER V CULTURAL CONSTRUCTION IN PRISON AREAS CHAPTER VI SOCIAL HELP AND EDUCATION CHAPTER VII PSYCHOLOGICAL CURE CHAPTER VIII INCENTIVE MEASURES CHAPTER IX EDUCATION FOR DEPARTURE FROM PRISON CHAPTER X SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions are formulated in accordance with the "Prison Law of the People's Republic of China" and other relevant laws and regulations, and in light of the actual situation on the work of prison education and reform with a view to regulating the work of prison education and reform, and improving the quality of education and reform. Article 2. The work of prison education and reform is an important component part of execution of criminal punishments, a basic means to reform prisoners, and an important embodiment of legal, scientific and social management of the prison work, which runs through the whole process of the prison work. Article 3. The task of the work of prison education and reform is to, in various effective avenues and ways, educate the prisoners to show admission of and repentance to their guilt, to consciously accept reform, to strengthen their legal consciousness and ethical attainments, and to grasp certain cultural knowledge and work skills, so as to reform them into law-abiding citizens. Article 4. The work of prison education and reform shall be done in light of the category of the prisoners' crimes, the reasons of the crimes and the extent of viciousness, their ideological, behavioral and psychological features, and the principles of educating them by varying with different individuals, convincing them by reasoning, proceeding in an orderly and gradual way and attaching importance to the actual effects shall be adhered to. Article 5. The work of prison education and reform mainly includes: education at entry into prison; individual education; ideological, cultural and technical education; construction of culture in prison areas; social help and education; psychological cure; selection of the activists in the reform of prisoners through public appraisal; education for departure from the prison, and so on. Article 6. For the work of prison education and reform, the following shall be adhered to: the combination of collective education with individual education, the combination of class education with auxiliary education, the combination of usual education with special topic education, and the combination of the education by the prison with the education by the society. Article 7. A prison shall set up places for education and reform, including classrooms, conversation rooms, recreation and sports rooms, libraries, reading rooms, computer-assisted education rooms, and psychological consulting rooms, and shall be equipped with corresponding facilities. Article 8. The expenses of a prison used for education and reform of prisoners shall be in compliance with the relevant standards prescribed by the State. The expenses for the education and reform of the prisoners of minority ethnic groups and of the juvenile delinquents shall be raised. CHAPTER II EDUCATION AT ENTRY INTO PRISON Article 9. New prisoners shall be put in the prisons or prison areas designated for receiving newly assigned prisoners, and shall receive a 2-month education at entry into prison. Article 10. After a newly received prisoner has entered a prison, the prison (prison area) shall announce to him the rights that a prisoner may enjoy and the obligations that a prisoner shall perform during the term of his imprisonment: (1) A prisoner may enjoy the following rights during the term of his imprisonment: his personal dignity may not be insulted, his personal safety and lawful properties may not be infringed upon, he enjoys the right to defend himself and to make complaints, charges or exposures, and other rights which have not been deprived of or limited in accordance with the law; and (2) A prisoner shall perform the following obligations during the term of his imprisonment: to abide by the laws and regulations of the State, and the rules and disciplines of the prison, to obey administration, to accept education and reform, and to participate in labor in accordance with the provisions. Article 11. A prison (prison area) shall conduct legal education and education on the rules and disciplines of the prison to the newly received prisoners, and shall guide them to show admission of and repentance to their guilt, to clarify the target of the reform, and to adapt to the life of serving his sentence. Article 12. A prison (prison area) shall know about and grasp the basic information on the newly received prisoners, their attitudes in showing admission to their guilt and their ideological trends, shall make individual analysis and hold psychological tests, evaluate the extent of danger and viciousness and the degree of difficulty of reform, and shall render suggestions on detention and reform. Article 13. After the end of the education at entry into prison, the prison (prison area) shall assess and inspect the newly received prisoners. Those who are assessed to be qualified shall be transferred to the prison (prison area) of the corresponding category to serve their sentence and be reformed; while for who are assessed to be unqualified, the education at entry into prison shall be extended for a term of 1 month. CHAPTER III INDIVIDUAL EDUCATION Article 14. A prison shall, in light of each prisoner's specific information, arrange the people's police of the prison to hold pertinent individual education for him. Article 15. For individual education, the following shall be adhered to: the combination of legal education with ethical education, the combination of convincing prisoners by reasoning with moving them by affection, the combination of punishment according to rules with guiding him in conduct, the combination of pertinence of contents with flexibility of form, the combination of solving ideological problems with solving actual problems. Article 16. The people's police in each prison area of a prison shall arrange individual conversational education to the prisoners under their administration at least once every month. Article 17. If a prisoner is under any of the following circumstances, the people's police of the prison shall timely hold the individual conversational education to him: (1) he is a new prisoner, or the prison or prison area for him to serve his sentence is changed; (2) his situation or job is changed; (3) he is rewarded or punished; (4) conflicts between prisoners occur; (5) he is before or after leaving the prison to visit his family or his family experiences any incident; (6) he is not interviewed by any one or his family do not contact him for long; (7) his act or mood is unusual; (8) he actively requests conversation; (9) he is under temporary execution outside prison or under parole or before release after service of his sentence; or (10) other circumstances under which individual conversational education needs to be held. Article 18. The people's police of the prison shall, when holding individual conversational education for the prisoners, carefully make records, and take pertinent educational and reform measures in light of the prisoners' ideological situation and trends. Article 19. A prison shall set up a system of analyzing the ideological trends of the prisoners, and in light of the analysis, arrange for the carryout of pertinent education on special topics. In a branch prison area, analysis shall be made once every week, and in a prison area, once every half month; in case of any major event, the prisoners' ideological trends shall be collected and analyzed at any time. The analysis shall be reported to the superior organ level by level. Article 20. A prison shall classify the prisoners and carry out classified education in light of the types of crimes committed by the prisoners and in combination with the extent of their danger and viciousness and also their intelligence. Article 21. A prison shall set up a system for the discernment of obstinate prisoners and dangerous prisoners and for transforming them through education. A prisoner under any of the following circumstances shall be discerned as an obstinate prisoner: (1) One who refuses to show admission to his guilt and makes unreasonable complaints; (2) One who attacks advanced prisoners, rope in the laggard ones, and frequently disseminate anti-reform opinions; (3) One who breaks the rules of the prison time and again, frequently comes to fistfights and scuffles, and resists administration and education; (4) One who frequently escaping from study or labor without any justifiable reason; or (5) Other circumstances under which the prisoner shall be discerned as an obstinate prisoner. A prisoner under any of the following circumstances shall be discerned as a dangerous prisoner: (1) One who causes the danger by self-injury, self-mutilation or suicide; (2) One who has a criminal tendency of escape, committing physical assault or destruction; (3) One who is suspected to have committed a serious crime; (4) One who conceals his true name and identity; or (5) Other circumstances under which the prisoner shall be discerned as a dangerous prisoner. Article 22. A prison shall make a proposal on pertinent education and reform towards the obstinate prisoners and dangerous prisoners, set up files on transforming them through education, and designate special persons to be responsible for the transformation through education. When necessary, it may adopt methods such as collectively tackling the difficult problem. Article 23. For the discernment or disqualification of an obstinate prisoner or a dangerous prisoner, the prison area or a directly subordinate branch prison area shall collectively research the matter, propose its opinions and submit it to the department of prison education and reform and the prison administration department for examination, which shall be determined by the vice warden in-charge. CHAPTER IV IDEOLOGICAL, CULTURAL AND TECHNICAL EDUCATION Article 24. A prison shall do well in managing a cultural and technical school, and hold ideological, cultural and technical education for prisoners. The time for teaching an adult prisoner shall be no less than 500 hours each year; while that for teaching a juvenile delinquent shall be no less than 1000 hours each year. Article 25. Prisoners must accept the ideological education arranged by the prison. The ideological education includes the following contents: (1) education on admission of and repentance to the guilt; (2) education on common legal knowledge; (3) citizen's ethical education; (4) education on labor knowledge; and (5) education on current affairs and politics Article 26. The cultural education by a prison shall be carried out according to the different educational levels of the prisoners separately in the forms of eliminating illiteracy, elementary school and junior high school education; where possible, a prison may carry out senior high school (secondary specialized school) education. Prisoners are encouraged to teach themselves, take part in TV universities, correspondence universities, or self-study exams for higher education, and they shall be provided with necessary conditions to take part in study and exams. The prisoners who have not completed the nine-year compulsory education prescribed by the State, who are younger than 45 years, and who are able to keep on normal study, shall accept compulsory education; the prisoners who have completed the compulsory education or who are over 45 years are encouraged to take part in other school education. Article 27. A prison shall, in light of the requirements on the post skills that the prisoners shall have for their labor in the prison and on the basis of the needs in their employment after they are released from confinement, organize the prisoners to hold trainings on post techniques and education on professional skills. The prisoners who are younger than 50, have no skill, and are able to keep on normal study, shall take part in technical education; the prisoners who have a skill may choose to learn other skills arranged by the prison. Article 28. When a prison carries out ideological, cultural and technical education, the teachers may either be selected from the people's police of the prison, or may be retained from the qualified persons of the public. For the elementary and technical education of prisoners, the prisoners who acquit themselves well and have cultural and technical skills may be selected from the prison to provide assistance. Article 29. A prison shall actively contact the local administrative department of education, administrative department of labor and social security and the employment training institution, so as to obtain support and assistance in respect of the majors, teaching arrangements, training of teaching staff, retained teachers, teaching and researching activities, exams (assessment) and issuance of diplomas, degree (qualification) certificates, etc. for the elementary and technical education within the prison. Article 30. A prison shall actively make use of social resources to carry out school and technical education for prisoners, and in light of the prisoners' needs in employment after they are released from confinement, open training classes of different contents and categories. Article 31. A prison shall, when carrying out ideological education and elimination of illiteracy, elementary school or junior high school education for prisoners, use the teaching materials uniformly complied by the administration of prison under the Ministry of Justice. CHAPTER V CULTURAL CONSTRUCTION IN PRISON AREAS Article 32. A prison shall organize prisoners to carry out rich and varied cultural and sports activities, strengthen the cultural construction of the prison area, and create an environment of reform that is beneficial to the prisoners' physical and mental health, and their development. Article 33. A prison shall do well in running libraries, reading rooms, wall newspapers, blackboard newspapers, arrange for and carry out frequent activities of reading books and commenting on newspapers. The library of a prison shall have a collection of books at a number of not less than 10 per person. Article 34. A prison shall, in light of its own situation, form various kinds of joint performance teams and sports teams, and organize the prisoners to hold joint performance and sports activities. Article 35. A prison shall, on the basis of existing conditions, organize the prisoners to study music, arts and calligraphy, and carry out artistic and aesthetic education. Article 36. A prison shall set up a computer-assisted education system and studios. Each branch prison area shall be equipped with TV sets, organize prisoners to listen and watch news and other radio and TV programs which shall be beneficial to the reform of prisoners. Article 37. A prison shall, on the basis of the needs in the education and reform of prisoners, beautify the environment of the prison area, and regulate the environmental arrangements of the prison area. Article 38. A prison shall, on the National Day, International Labor Day, New Year's Day, Spring Festival and other important celebration and memorial activities, and the first day of each month, organize prisoners to take part in the ceremony of hoisting the national flag. CHAPTER VI SOCIAL HELP AND EDUCATION Article 39. A prison shall actively try to win the support from all sectors in the society and personages of various circles, and their cooperation for it to carry out various activities of social help and education beneficial to the reform of prisoners. Article 40. A prison shall contact the governments at the prisoners' respective previous localities, their respective previous entities (schools) and relatives, conclude agreements on help and education, and invite the relevant entities and persons in proper time to come to the prison to carry out the help and education; the prison may also organize prisoners to visit and study in the society, and accept education. Article 41. A prison shall encourage and support public volunteers to participate in the help and education activities of ideological, cultural and technical education, for prisoners, and provide conveniences to such help and education activities. Article 42. A prison shall provide help to prisoners in obtaining legal aid, contact and coordinate the local legal aid institution to provide prisoners with legal aid services. CHAPTER VII PSYCHOLOGICAL CURE Article 43. A prison shall carry out the work of psychological cure for prisoners. The work of psychological cure includes: education on psychological health, psychological test, psychological consulting and treatment psychological diseases. Article 44. A prison shall establish psychological cure rooms, and be equipped with necessary equipment, and arrange professionals to make psychological cure for the prisoners. Article 45. A prison shall carry out education on psychological health for prisoners, propagandize the knowledge on psychological health, and make prisoners learn how to make self-adjustments and self-cure towards psychological problems. Article 46. A prison shall hold psychological tests for prisoners during their education at entry into prison, the middle term of their service of sentence and the reform, and the education for departure from prison, and shall set up psychological files, so as to provide references for the pertinent ideological education and psychological cure, and make forecasts on the tendency of their re-committing crimes. Article 47. A prison shall allocate special persons to provide prisoners with psychological consulting service, and to answer the psychological questions asked by prisoners. Article 48. A prison shall treat the prisoners with psychological diseases; and shall organize relevant professionals to make multi-specialty consultations and special treatment for those in grave conditions. Article 49. A person in a prison for psychological tests or psychological consulting shall meet the following conditions: (1) having obtained the national occupational qualification certificate as a psychological advisor, a senior psychological advisor, etc.; (2) being highly dedicated to his work or having strong sense of responsibility; and (3) having good virtues and conducts and occupational ethics. A prison may retain professionals from the general public to participate in the work of psychological cure for prisoners. CHAPTER VIII INCENTIVE MEASURES Article 50. A prison shall take measures to inspire the prisoners to accept the reform, and pay attention to make the activists in reform play a typical demonstration role in the education and reform. Article 51. A prison and the prison administration of the provinces, autonomous regions or municipalities directly under the Central Government shall separately arrange every year in the prison and the region for selection of activists in reform through public appraisal. The conditions to be an activist in the reform: to show admission of and repentance to his guilt, to play an active role in the reform; to consciously abide by the laws, regulations, rules, and the rules and discipline of the prison; to stress good manners and good conduct, and to be ready to help others; to carefully study to acquire knowledge and work skills, to be prominent in making achievements; to actively participate in labor, and to complete the labor tasks; to meet the conditions for reward by obtaining a mark and on the basis of assessment. Article 52. If a prison intends to select activists in reform through public appraisal, the branch prison areas shall, after the prison has finalized the year-end evaluation, convene the prisoners to make collective appraisal and recommends, while all the police shall make collective research, report to the prison area warden's working conference for examination and determination of the candidates. In a directly subordinate branch prison area or a prison area not divided into branch subordinate prison areas, the candidates shall be appraised and recommended collectively by the prisoners who are convened by the branch prison area or the prison area, while all the police shall make collective research for determination. A prison area or a directly subordinate branch prison area shall, after determining the candidates, fill out the "Form for Approval of Activists in Reform", submit it to the education and reform department of the prison for examination, and shall, after performing the public announcement procedures in the prison, submit the said Form to the warden's working conference for examination and determination. Article 53. The time limit for a prison to publicly announce the candidates for activists in reform is 7 working days. If, within the time limit for the public announcement, any people's police of the prison or prisoner who proposes dissents to the candidates, the education and reform department of the prison shall make a review, and inform the result of review. Article 54. If the prison administration of a province, autonomous region or municipality directly under the Central Government intends to select the activists in reform within its own region through public appraisal, the prison shall, in light of the distributed quota, select candidates from the prisoners who have been appraised as the activists in reform for two consecutive years, and submit them to the education and reform department of the administration of prison for examination, which shall be determined at the director general's working conference. CHAPTER IX EDUCATION FOR DEPARTURE FROM PRISON Article 55. A prison shall hold a 3-month concentrative education for departure from prison for the prisoners who will complete the service of their sentence very soon. Article 56. A prison shall, when arranging for the education for departure from prison, hold the education on current situations, policies and outlook on their futures, the education on abidance of disciplines and laws and necessary guidance on employment for the prisoners, and shall hold various and practical trainings on occupational skills, so as to improve the prisoners' capacity to adapt themselves to the society, be employed and make a living after they come back to the society. Article 57. A prison shall invite the local administrative departments of public security, labor and social security, civil affairs, industry and commerce, taxation, etc. to introduce to prisoners the policies and information in respect of public security, employment, settlement, social security, etc., and to educate the prisoners to make good ideological preparations for all sorts of problems after they depart the prison, so as to make them come back to the society smoothly. Article 58. A prison shall, in light of the information on assessment, rewards and punishments, and psychological tests of the prisoners during the term of imprisonment, make a comprehensive evaluation on the effect of reforming them. The specific appraisal index and evaluation methods shall be separately prescribed. Article 59. A prison shall, one month prior to the expiry of a prisoner's service, fill the evaluation opinions on his service and reform in the prison, the time for release after the service of his sentence, his occupational skills and specialties, his intention of employment after coming back to the society, and the suggestions to local authorities on doing a good job in the settlement, help and education in the "Notice to the Person Released after Serving His Sentence", and mail it to the public security organ and the judicial administration organ at the county level at the locality of the prisoner's original residential registration. Article 60. A prison shall know about the information of a person who has been released after serving his sentence and come back to the society, evaluate the quality and effects of the education and reform, sum up and extend the successful experiences in the education and reform, and continuously improve the quality of the work of prison education and reform. CHAPTER X SUPPLEMENTARY PROVISIONS Article 61. The education and reform of juvenile delinquents shall be carried out in accordance with the "Administrative Provisions on the Reformatories for Juvenile Delinquents" (Order No. 56 of the Ministry of Justice); if there is no corresponding provisions, the present Provisions shall be applied. Article 62. The interpretation of the present Provisions shall remain with the Ministry of Justice. Article 63. The present Provisions shall come into force on August 1, 2003. |
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