Regulations on Detention Facilities Chapter I General Provisions Article 1 These regulations are formulated in accordance with the provisions of the relevant laws in order to standardize the establishment and management of detention facilities, to discipline and educate detainees, and to protect the lawful rights and interests of detainees. Article 2 The detention of the following persons shall be carried out in detention centers: (1) persons who have been given administrative penalties of detention by the public security organs or State security organs in accordance with the law; and (2) persons who have been detained by a decision of a people's court in accordance with the law. Article 3 A detention center shall, in accordance with the law, safeguard the personal safety and lawful rights and interests of detainees, and shall not humiliate, inflict corporal punishment on or abuse detainees, or instruct or connive at others to humiliate, inflict corporal punishment on or abuse detainees. Detainees shall abide by the laws and administrative regulations and the administrative provisions of the detention center, obey the management and accept education. Article 4 The public security department of the State Council shall be in charge of the administration of detention centers throughout the country. The public security organs of the local people's governments at or above the county level shall be in charge of the administration of detention centers in their respective administrative regions. Chapter II Detention centers Article 5 Local people's governments at or above the county level shall set up detention centers in accordance with their needs. Detention centers shall be set up and abolished by the public security organs of the local people's governments at or above the county level, and shall be approved in accordance with the prescribed authority and procedures. Article 6 A detention center shall, in accordance with the prescribed construction standards, set up functional areas such as detention areas and administrative office areas. Article 7 The detention center in accordance with the provisions of the weapons, police equipment, equipped with transportation, communications, technical precautions, medical and firefighting equipment and facilities. Article 8 The funds required for detention shall be included in the financial budget of the people's government at this level. Chapter III Detention Article 9 The detention center shall detain detainees in a timely manner on the basis of the detention decision authority's detention decision instrument. Need to be detained in a different place, the detention decision authority shall issue the relevant legal instruments and the need to be detained in a different place, and approved by the public security organs in charge of the detention center in a different place. Article 10 When a detention center takes a detainee into custody, it shall inform the detainee of his or her rights under the law and of the regulations to be observed. After a detainee has been taken into custody in a detention center, the authority deciding on the detention shall promptly notify the detainee's family. Article 11 When a detention center takes a detainee into custody, it shall conduct an inspection of the detainee's person and the items he or she is carrying. The detainee's non-essentials and cash shall be registered and kept in a unified manner by the detention center. Contraband and other items relevant to the case that are found during the inspection shall be handed over to the authority deciding on the detention for disposal in accordance with the law. The personal inspection of female detainees shall be conducted by female People's Police officers. Article 12 Where a detention center finds that a detainee may have been wrongfully detained, it shall notify the detention-decision authority, which shall make a decision on the handling of the case within 24 hours; where a detainee should not be detained in accordance with Article 21 of the Law of the People's Republic of China on Punishments for the Administration of Public Security, the detention center shall not take him into custody and shall notify the detention-decision authority. Article 13 Where a detention center finds that a detainee is addicted to drugs by snorting or injecting, it shall give him the necessary treatment for drug addiction and shall submit to the competent public security organ of the detention center a decision on community drug treatment or compulsory isolation drug treatment for the detainee in accordance with the law. Chapter IV Management and Education Article 14 A detention center shall establish a duty patrol system and an emergency response mechanism for emergencies. On-duty inspectors shall strictly abide by their posts, and shall promptly report any problems found and deal with them appropriately. Detention centers shall install monitoring and video equipment to monitor the security of detainees. Article 15 A detention center shall, in accordance with the gender of the detainee, whether or not the detainee is an adult, and other management needs, implement separate custody and management of detainees. The direct management of female detainees shall be carried out by female people's police officers. Article 16 A detention center shall establish files on the management of detainees. Article 17 A detention center shall provide detainees with food and drink in accordance with prescribed standards, and shall respect the ethnic eating habits of the detainees. Article 18 A detention center shall establish a medical and sanitary epidemic prevention system, and do a good job of preventing disease, epidemic prevention and treatment. Detention centers shall treat sick detainees promptly. Where a detainee is ill and needs to be released from the facility for treatment, the director of the facility shall authorize the release of the detainee and assign a people's policeman to manage the detainee; where a detainee suffers from a contagious disease and needs to be treated in isolation, the facility shall take measures to isolate the detainee for treatment. If the detainee's condition is serious, the detention center shall immediately take first-aid measures and notify the detainee's relatives. Article 19 Where a detention center finds that a detainee is in one of the following situations, it shall recommend that the detention decision-making authority make a decision to suspend the execution of the detention: (1) suffering from mental illness or infectious disease requiring isolation and treatment; (2) in a serious condition that may jeopardize his or her life. Article 20 The necessities of life provided to a detainee during detention shall be inspected and registered by the detention center and then transferred to the detainee. Detention centers shall not accept goods that are not necessities of life. Article 21 A detention facility shall educate detainees in law and morality and organize appropriate cultural and sports activities for them. Detention centers shall ensure that detainees have no less than two hours a day for outdoor activities outside the detention center. Detention facilities may not force detainees to engage in productive labor. Article 22 A detention center shall praise a detainee who reports or exposes a criminal act that is found to be true, or a detainee who stops a criminal act that is found to be true. Article 23 If a detainee commits any of the following offenses, the detention center may admonish him or her, order him or her to make a confession of repentance, or use a police weapon: (1) making a scene or engaging in fights and brawls; (2) beating or bullying another person; (3) intentionally damaging or destroying the property of the detention center or that of another person; (4) premeditating or carrying out an escape; or (5) engaging in other acts that constitute a serious violation of the administration of the detention center. The use of police instruments by the people's police of a detention center on a detainee shall be authorized by the director of the detention center, and shall comply with the provisions of the relevant laws and administrative regulations. Article 24 If a detainee is suspected of having committed a new offense during his detention, the detention center shall report to the competent public security organ of the detention center for handling; if the detention center finds that the detainee was suspected of having committed other offenses prior to his admission to the detention center, it shall notify the organ that made the decision to detain him or report to the competent public security organ of the detention center for handling. Article 25 A detention center shall guarantee a detainee's right to correspondence during the period of detention, and correspondence between the detainee and others shall not be subject to inspection or seizure. Detainees shall abide by the rules governing the correspondence of the detention center. Article 26 Detention centers shall guarantee the right of detainees to meet with each other during their detention. Detainees shall abide by the regulations governing interviews in detention centers. Interviews with detainees shall take place in the interview area of the detention center at the prescribed time with valid identification documents. A lawyer commissioned by the detainee to meet with the detainee shall also be in possession of the lawyer's practicing certificate, proof of the law firm, and a power of attorney or an official letter of legal aid. Article 27 In the event that a detainee has to sit for an examination for higher education, or in the event of the birth of a child, or in the event that a close relative is critically ill or has died, the detainee or his close relative may apply for leave of absence from the detention center. The detention center shall submit an opinion on the application for leave of absence, and report it to the decision-making authority for approval. The decision-making authority shall make a decision on whether or not to grant leave of absence from the facility within 12 hours of the detainee's or his or her close relative's application. The time the detainee spends on leave of absence shall not be counted as part of the period of detention. Article 28 Where a detainee or a close relative of the detainee files an application for leave of absence, he or she shall provide the organ deciding on the detention with a guarantor or post a bond. The management of such guarantors and deposits shall be carried out in accordance with the relevant provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security. If a detainee fails to return from a detention center on leave of absence, the organ deciding on the detention shall be responsible for bringing him back to the detention center to be detained. Article 29 If a detainee files a report or complaint, applies for administrative reconsideration, brings an administrative lawsuit, or applies for a stay of execution of detention, the detention center shall, within 24 hours, forward the relevant materials to the relevant authorities, and shall not inspect or seize them. Chapter V. Release from Detention Article 30 When the period of detention of a detainee expires, the detention center shall release the detainee from detention in a timely manner, issue a certificate of release from detention, and return the property held in trust for the detainee. Article 31 The detention center shall hand over the detainee to the relevant authorities or units if the detainee is released from detention under any of the following circumstances: (1) if he or she has been expelled or deported in accordance with the law; (2) if he or she has been decided to carry out criminal compulsory measures in accordance with the law; (3) if he or she has been decided to undergo community drug treatment or compulsory isolation drug treatment in accordance with the law; (4) if he or she has been decided to undergo mandatory educational and correctional measures in accordance with the law. Chapter VI Supplementary Provisions Article 32 The period of detention shall be counted in days, with the period from the day of admission to detention to the second day counted as one day. Article 33 Detention centers set up by the State security organs shall be administered by the State security organs in accordance with the provisions of these Regulations. Article 34 Persons detained by the public security organs in accordance with the law in the nature of administrative coercive measures shall be detained in detention centers, and shall be detained separately from the detainees as provided for in Article 2 of these Regulations, and the specific management methods shall be stipulated by the public security departments under the State Council with reference to the provisions of these Regulations. Article 35 These Regulations shall come into force on April 1, 2012 .