Chapter 1 General Provisions Article 1 In order to regulate the establishment and management of detention centers, punish and educate detainees, and protect the legitimate rights and interests of detainees, these regulations are formulated in accordance with the provisions of relevant laws. Article 2 The detention of the following persons shall be carried out in a detention center:
(1) Persons who have been given administrative punishment of detention by public security organs and national security organs in accordance with the law;
(2) Persons who have been detained by the people The court decides on the person to be detained in accordance with the law. Article 3: Detention centers shall protect the personal safety and legitimate rights and interests of detainees in accordance with the law, and shall not insult, corporally punish, or abuse detainees, or instruct or condone others to insult, corporally punish, or abuse detainees.
Detainees shall abide by laws, administrative regulations and detention center management regulations, submit to management, and receive education. Article 4: The public security department of the State Council is responsible for the management of detention centers nationwide. The public security organs of local people's governments at or above the county level are responsible for the management of detention centers in their respective administrative regions. Chapter 2 Detention Centers Article 5 Local people’s governments at or above the county level shall set up detention centers as necessary. The establishment and dismantling of detention centers shall be subject to the opinions of the public security organs of the local people's governments at or above the county level and shall be reviewed and approved in accordance with the prescribed authority and procedures. Article 6: Detention centers shall be equipped with functional areas such as detention areas and administrative office areas in accordance with prescribed construction standards. Article 7: Detention centers shall be equipped with weapons and police equipment in accordance with regulations, as well as transportation, communications, technical prevention, medical and fire-fighting equipment and facilities. Article 8: The funds required for a detention center shall be included in the financial budget of the people's government at the same level. Chapter 3 Detention Article 9 The detention center shall promptly detain the detainee based on the detention decision document of the detention decision-making authority. If off-site detention is required, the detention decision-making authority shall issue relevant legal documents and a written explanation of the need for off-site detention, and obtain approval from the public security authority in charge of the off-site detention center. Article 10: When a detention center takes a detainee into custody, the detainee shall be informed of the rights he/she enjoys in accordance with the law and the regulations they must abide by.
After a detention center takes a detainee into custody, the detention decision-making authority shall promptly notify the detainee’s family. Article 11 When a detention center takes a detainee into custody, the detainee's person and belongings must be inspected. Detainees' non-daily necessities and cash are registered and kept in a centralized manner by the detention center. Contraband and other items related to the case discovered during the inspection shall be transferred to the detention decision-making authority for processing according to law.
The physical examination of female detainees should be conducted by female people's police. Article 12 If the detention center discovers that the detainee may have been wrongly detained, it shall notify the detention decision-making authority, and the detention decision-making authority shall make a decision within 24 hours; If the person should not be detained under the provisions of Article 21, the detention center will not take him into custody and notify the detention decision-making authority. Article 13: If a detention center discovers that a detainee is addicted to taking or injecting drugs, it shall provide necessary drug treatment and request the competent public security organ of the detention center to make a decision on community detoxification or compulsory isolation detoxification for the detainee in accordance with the law. Chapter 4 Management Education Article 14 Detention centers should establish a duty inspection system and an emergency response mechanism. On-duty inspection personnel should strictly adhere to their posts, report problems in a timely manner and handle them appropriately.
Detention centers should install surveillance video equipment to conduct safety monitoring of detainees. Article 15: Detention centers shall detain and manage detainees separately based on their gender, adult status, and other management needs.
Direct management of female detainees should be carried out by female people's police. Article 16: Detention facilities shall establish detainee management files. Article 17: Detention facilities shall provide detainees with food in accordance with prescribed standards and respect the ethnic dietary habits of detainees. Article 18: Detention facilities shall establish a medical, health and epidemic prevention system to carry out disease prevention, epidemic prevention and treatment.
Detention facilities should promptly treat sick detainees. If a detainee is ill and needs to be taken out of the detention center for treatment, the director of the detention center shall approve it, and the people's police will be dispatched to manage it; if a detainee has an infectious disease and needs to be treated in isolation, the detention center shall take isolation treatment measures.
If the detainee's condition is serious, the detention center shall immediately take first aid measures and notify the detainee's relatives.
Article 19 If the detention center discovers that a detainee has any of the following circumstances, it shall recommend to the detention decision-making authority to make a decision to stop the execution of detention: (1) Suffering from mental illness or infectious disease requiring isolation treatment ;
(2) The condition is serious and may endanger life safety. Article 20: Daily necessities provided for detainees during detention shall be inspected and registered by the detention center and then transferred to the detainee. Detention centers will not accept items that are not necessary for daily living. Article 21: Detention centers shall provide legal and moral education to detainees and organize appropriate cultural and sports activities for detainees.
Detention centers should ensure that detainees have no less than 2 hours of activity time outside detention every day.
Detention centers shall not force detainees to engage in productive labor. Article 22: If a detainee reports or exposes an illegal or criminal act that is verified to be true or if a detainee stops an illegal or criminal act, the detention center shall commend him. Article 23 If a detainee commits any of the following illegal acts, the detention center may reprimand, order him to repent, or use police equipment:
(1) Making noises or fighting;
(2) Beating or bullying others;
(3) Deliberately damaging the property of the detention center or other people’s property;
(4) Premeditating or executing an escape;
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(5) Other behaviors that seriously violate management.
The use of police equipment by the people's police of the detention center against detainees must be approved by the director of the detention center and comply with the provisions of relevant laws and administrative regulations.