Article 1 These Measures are formulated in accordance with Article 50 of the Regulations of People's Republic of China (PRC) Detention Center (hereinafter referred to as the Regulations). Article 2 When a public security organ in an administrative region at or above the county level needs to set up a detention center, it shall report to the public security departments and bureaus of provinces, autonomous regions and municipalities directly under the Central Government for the record; Railway, transportation, forestry and civil aviation systems are equivalent to public security organs at or above the county level. Need to set up a detention center, should be reported to the ministries (bureaus) Public Security Bureau for the record. Article 3 The number of police officers in the detention center: generally, there are no less than 12 in counties (banners and cities), and if the average number of prisoners detained per month exceeds 100, it shall be 15%. Detention centers in large and medium-sized cities are generally equipped with 20% of the monthly average number of detainees. According to the actual situation, all localities can gradually complete it. A detention center shall be equipped with medical personnel. According to actual needs, set up clinics or health centers. The cooks in the detention center shall be equipped with 3% of the average number of prisoners per month, but at least two people shall be equipped. The detention center can be properly equipped with other staff according to the needs. Article 4 A detention center must take prisoners into custody according to the legal documents and supporting materials stipulated in Article 9 of the Regulations. The defendant detained in a retrial case may be detained by the people's court's "retrial decision" (copy) or the protest of the people's procuratorate or the escort of the people's court. Article 5 Before a prisoner is taken to a detention center, a doctor shall conduct a health check-up on the prisoner and fill in the prisoner's health check-list. Under any of the circumstances stipulated in Article 10 of the Regulations, it shall not be taken in, and the dispatched office shall make other treatments according to law. If it is found that it should not be detained after detention, it shall be submitted to the case-handling organ to change the compulsory measures according to law; The case-handling organ is responsible for the identification of criminals who may suffer from mental illness. Article 6 When a prisoner is taken into custody in a detention center, the supervisor must strictly check his person and the articles he carries, so as to prevent articles that are not conducive to the security of the detention center from being brought into the prison room. When a criminal is taken into custody, he shall be interrogated and fill in the criminal registration form. Prisoners must be executed by two or more staff members. The physical examination of female criminals should be carried out by female staff. Article 7 A detained criminal shall be informed of his right to defend, appeal, report and accuse according to law; If the people's procuratorate or the people's court has not decided to stop exercising the right to vote, it may exercise the right to vote. At the same time, he should also be informed of the prison rules that he must abide by during his detention in the detention center. Article 8 Male criminals and female criminals, adult criminals and juvenile criminals, and accomplices shall be held separately. First-time offenders and recidivists should also be held separately if conditions permit. Criminals who need to be held separately shall be put forward by the case-handling organ and implemented after being approved by the competent leading organ. Article 9 A prisoner shall take a half-length bareheaded one-inch photo after entering the prison, and the photo together with the negative film shall be kept in the prisoner's file. Article 10 The contents of the archives of detainees in a detention center shall include: detention vouchers, detainee registration forms, photos and negatives, health check lists of detainees, property preservation registration forms, exchange vouchers, records of performance and disease treatment during detention, exit vouchers, etc. Detention centers keep criminal files in accordance with relevant laws and regulations. Access to prisoners' files must be approved by the director of the detention center. Article 11 When a case-handling organ needs to transfer a prisoner in custody to another organ for jurisdiction, it shall fill in the Exchange Certificate and affix its official seal to transfer the prisoner with the case. The receiving organ shall affix the official seal on the exchange certificate, indicate the undertaking time, and send it to the detention center in time. The detention center shall go through the formalities of prisoner exchange with the exchange certificate, and immediately issue a receipt and return it to the transfer organ. Twelfth detention center shall, seven days before the expiration of the legal detention period of the arrested person, issue a notice of the impending expiration of the case to the case-handling organ; For those who have exceeded the legal detention period, they shall submit the Report on the Criminal's Exceeding the Legal Detention Period to the People's Procuratorate, and send a copy to the case-handling organ and the public security organ at a higher level. If a criminal extends the trial period, the case-handling organ shall promptly notify the detention center in writing after approval. Thirteenth armed police forces stationed in detention centers (hereinafter referred to as the armed police) shall allocate police forces according to the needs of guarding work and the provisions of the internal security service of the armed police. The armed police should set up sentries at the entrance of the prison area, patrol roads and prisons. The task of armed vigilance is to prevent and stop people's suicides, escapes, assaults, sabotage and riots, suppress people's riots, and prevent and stop hostile elements and criminals from attacking detention centers, hijacking people and other sabotage activities that endanger the security of detention centers. Detention centers set up by railway, transportation, forestry, civil aviation and other systems are equipped with guards and police to guard and escort prisoners. Article 14 When a prisoner is released from prison awaiting trial or seeking medical treatment, the police officers on duty shall fill in the Temporary Release Form for Prisoners, and the escorted police officers shall hand it over to the armed police on duty at the gate of the prison area for inspection and release. When the prisoner returns to prison, the escorting police will hand over the Form of Temporary Entry and Exit of Prisoners to the armed police on duty for inspection and detention. After the prisoner is taken into custody, the escorting police officer shall hand over the Temporary Inward and Outward Form of the prisoner to the police officer on duty for preservation. Fifteenth detention centers should carefully examine the identity documents and proof of the reasons for coming to prison. If the interrogation room is located in the prison area, the detention center shall issue a pass to the case-handling personnel for inspection by the armed police on duty at the gate of the prison area. When the case handler leaves the office, the pass will be taken back. Except guards, armed police on duty, workers, cooks, procuratorial cadres of people's procuratorates at the same level and case-handling personnel with passes, other personnel are not allowed to enter the prison area without the approval of the director of the detention center and the guidance of the police. Sixteenth detention centers should determine the duty area according to the layout and actual situation of the prison. There must be more than two policemen on duty in each area. The police on duty must stick to their posts, strengthen inspections, and must not leave their posts without permission, sleep, drink alcohol or engage in other activities that hinder their duties. When the police on duty find problems, they should take decisive and effective measures to deal with them in time and report to their superiors as required. The policeman on duty should keep a good record of his duty. When handing over, they must count the number of prisoners. If there is anything that needs attention, they should explain it clearly to the succeeding police officers. The police are not allowed to carry guns unless in special circumstances. Article 17 The police officers under supervision should be familiar with the basic information of the criminals under supervision, including their names, ages, genders, nationalities, main physical features, family status and address, the main information of the case, their work units and occupations before arrest and detention, and whether they have criminal records. By observing, talking, and understanding the situation from the case handlers, we can grasp the prisoners' ideological trends in time. Eighteenth prisons, criminals and their places of activity should be inspected regularly or irregularly, and the articles that criminals may use for crime, escape, suicide and sabotage activities should be removed. If suspicious or destructive signs are found, they must be investigated immediately and dealt with according to law. Article 19 It is forbidden to use criminals to manage other criminals. Criminals are not allowed to enter and leave the prison freely, take charge of keys, manage property and labor tools, and are not allowed to be waiters. Article 20 The tools used in detention centers are handcuffs, shackles and police ropes. The police rope can only be used when chasing criminals or executing the death penalty. The use of handcuffs and fetters shall generally not exceed fifteen days, except for criminals sentenced to death. Special circumstances need to extend the use time, must be approved by the competent public security bureau and the director. During the period when prisoners are handcuffed or shackled, guards and police should strengthen education and remove dangerous behaviors immediately after they are cleared. The specifications and use procedures of handcuffs and fetters must be strictly observed. Twenty-first detention center in case of mass disturbances or foreigners surrounding the detention center, it shall immediately take emergency measures and report to the leaders of public security organs in a timely manner. Twenty-second public security organs, state security organs, people's procuratorates and people's courts must hold a "certificate of arraignment" or a "summons" stamped with the official seal of the detention center. The guarding police commit crimes with "proof of trial" or "receipt of tickets". The detention center shall establish a registration system for arraignment. Register the names of the units, personnel and personnel who are arraigned each time, and the starting and ending time of arraignment. Article 23. Except for hearing or sentencing by the people's court, the arrangers shall generally be held in the interrogation room of the detention center. There shall be no fewer than two people. Because of the need of investigation, criminals who commit crimes, criminal evidence or stolen goods that have been identified must hold instructions from the leaders of public security organs, state security organs or people's procuratorates at or above the county level, and be dismissed by two or more case-handling personnel on the strength of the Evidence for arraignment or the Ticket Receipt affixed with the official seal of the detention center. If it does not meet the provisions of the above two paragraphs, the detention center shall refuse to accept the criminal. Article 24 Criminals transferred to other places or released on parole for medical treatment and fugitives captured in detention centers must be escorted by armed escorts. The escort mission is carried out by the armed police led by the escort. The escort work shall be equipped with sufficient escort forces according to the need to ensure the safety of the number of people being escorted. On the way to escort, we must be vigilant and take strict precautions to prevent accidents such as escape, murder and suicide. If you need accommodation halfway, you should be assisted by the local detention center with the certificate of the public security organ at or above the county level, and you should not be escorted to the hotel. If it is too far away from the detention center, it shall request the local public security police station, township (town) people's government or militia to provide assistance and arrange appropriate accommodation to ensure safety. Article 25 prisoners' meals mainly include meals, cooking utensils, clothing, health care, daily necessities, heating and cooling, escort, study and other necessary expenses. The standards of criminal support payments shall be agreed upon by the public security departments, bureaus, finance departments and bureaus of all provinces, autonomous regions and municipalities directly under the Central Government according to prices and other conditions. Twenty-sixth prisoners' meals should be separated from the police canteen, and separate stoves should be set up. Efforts should be made to adjust and improve within the prescribed standards. Food should be clean and hygienic, and boiled water should be supplied in sufficient quantities. Meals are settled once a month. Sick criminals and criminals of foreign nationalities may raise the standard of food expenses as appropriate. Twenty-seventh prisoners live in a cell area of not less than two square meters per person. Twenty-eighth prisoners' maintenance and repair fees must all be transferred to the account of the detention center and directly managed by the detention center. Interception or misappropriation is strictly prohibited. The use of funds should be strictly in accordance with the provisions of the scope and standards of expenditure, strict examination and approval procedures. In addition to food expenses, a use of less than two hundred yuan, approved by the director of the detention center; More than two hundred yuan, approved by the competent authority and the factory director. The administrative and operational funds of the detention center shall be collected through normal channels. Article 29 A detention center shall establish a management system for prisoners' daily life. Thirtieth detention centers should have facilities and equipment for prisoners to bathe. The detention center shall, according to the seasonal changes and actual needs, stipulate the times and time for prisoners to take a bath, get a haircut, wash clothes and hang clothes. Always keep the prison clean and tidy, and pay attention to beautifying the environment. Clean the prison room every day, disinfect it regularly, and do a good job of cooling in summer and keeping warm in winter.
Legal basis:
Measures for the Implementation of the Regulations of People's Republic of China (PRC) Detention Center Article 20 The tools used in detention centers are handcuffs, shackles and police ropes. The police rope can only be used when chasing criminals or executing the death penalty. The use of handcuffs and fetters shall generally not exceed fifteen days, except for criminals sentenced to death. Special circumstances need to extend the use time, must be approved by the competent public security bureau and the director.
During the period when prisoners are handcuffed or shackled, guards and police should strengthen education and remove dangerous behaviors immediately after they are cleared. The specifications and use procedures of handcuffs and fetters must be strictly observed.