(Ministry of Public Security Decree No. 49 March 30, 2000 came into force)
Chapter I General Principles
Article 1 In order to strengthen and standardize the management, to ensure the smooth progress of compulsory drug rehabilitation, according to the State Council, "Compulsory Drug Rehabilitation Measures" and the relevant provisions of the formulation of the present measures.
Second, compulsory drug rehabilitation is the public security organs in accordance with the law, through administrative coercive measures, for people who are addicted to drugs, injection drug addiction in a certain period of time, physiological detoxification, psychological correction, moderate labor, physical rehabilitation and legal and moral education.
Article 3: Compulsory drug treatment centers shall adhere to the policy of combining drug treatment and education, follow the law, strict, scientific and civilized management principles, to achieve standardized management, treatment hospitalization, education and schooling, rehabilitation and labor, and environmental gardening.
Article 4 Compulsory drug rehabilitation centers are set up by the public security organs of the people's governments at or above the county level in accordance with the unified planning of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, put forward a plan for the approval of the people's governments at the same level, and then reported to the Ministry of Public Security for the record. Railway, transportation, civil aviation system equivalent to the public security organs at or above the county level need to set up compulsory drug rehabilitation centers, shall be reported to the Public Security Bureau of the Ministry of Railways, the Public Security Bureau of the Ministry of Transportation, the Public Security Bureau of the General Administration of Civil Aviation, respectively, for approval, and then reported to the Ministry of Public Security for the record. Public security organs may not enter into joint ventures with any organization or individual to set up compulsory drug treatment centers. Compulsory drug treatment centers must be set up separately, with no fewer than sixty beds. Compulsory drug addiction treatment centers should be located as far away as possible from institutions, schools, residential areas, nurseries and other crowded busy areas, away from the environment, noisy, polluted places.
Article 5 The management of compulsory drug rehabilitation centers shall be the responsibility of the public security organ that establishes the center, and the name of the center shall be uniformly called the "xxx Public Security Organ Compulsory Drug Rehabilitation Center".
Article 6 The compulsory drug rehabilitation center shall have a director, deputy director of one to three people, according to the needs of the work of correctional, medical and nursing, accounting and other civilian police.
Compulsory drug treatment centers shall be equipped with civilian police according to the number of beds: beds in less than one hundred, generally not less than fifteen people, of which, the medical staff shall not be less than four; beds in more than one hundred, the civilian police shall be equipped with fifteen per cent of the number of beds, of which, the medical staff shall not be less than five per cent of the number of beds. Compulsory drug treatment centers should have a certain number of female civilian police officers and a corresponding number of work staff according to the needs of their work. Director, deputy director, correctional police shall have college education; doctors shall have a physician or higher professional and technical titles, nurses shall have professional and technical titles or through the relevant professional knowledge training, accounting staff shall have accounting professional and technical titles.
Article 7: The police of compulsory drug treatment centers must be impartial and law-abiding, strictly disciplined, honest and clean, and shall not engage in the following behaviors:
(1) scolding, corporal punishment, insulting drug addicts, infringing on their lawful rights and interests;
(2) demanding and accepting the property of drug addicts and their relatives;
(3) misappropriating, damaging, or disposing of the property confiscated or held in custody for them;
(4) using the property of drug addicts and their relatives; and (5) using the property of drug addicts and their relatives to protect their rights and interests.
(4) providing narcotic drugs and psychotropic substances to drug addicts in violation of regulations;
(5) releasing drug addicts privately.
Article 8: The capital investment and funding requirements of compulsory drug rehabilitation centers shall be reported to the planning and financial departments of the people's governments at the same level for inclusion in the capital construction plans and financial budgets of their respective levels according to their administrative affiliation.
Chapter II entry
Article IX of compulsory drug rehabilitation with the public security organs of the people's governments at or above the county level issued the "decision on compulsory drug rehabilitation", acceptance of drug addicts.
Article 10 of the compulsory drug rehabilitation center to receive drug addicts, should fill out the "compulsory drug addicts into the registration form", and its health check, fill out the "compulsory drug addicts health checklist", there are one of the following circumstances, it is not appropriate to income compulsory drug rehabilitation, compulsory drug rehabilitation center shall issue a health check conclusion, back by the public security organs of the original decision, the decision made by the law of the limited duration of out-of-house drug rehabilitation decision:
(a) suffering from acute infectious diseases (excluding venereal diseases) or other serious diseases;
(b) pregnant or breastfeeding their babies under one year of age;
(c) other unsuitable for drug treatment in compulsory drug treatment centers. If, after the circumstances specified in the preceding paragraph have disappeared, a person who has been given a limited period of out-of-center drug treatment has not yet kicked his or her drug habit and is in need of compulsory drug treatment, the public security organ that made the original decision shall make a decision on compulsory drug treatment and send him or her to a compulsory drug treatment center for further drug treatment.
Article 11 When a compulsory drug treatment center receives drug addicts, it shall inform them of their rights under the law and of the provisions they must observe.
Article 12: When accepting drug addicts into a compulsory drug rehabilitation center, the person and the things he or she carries must be examined. In addition to the necessities of life, other property shall be kept by the compulsory drug treatment center, and the "Registration Form for the Keeping of Property of Compulsory Drug Rehabilitation Personnel" shall be filled out in duplicate, one of which shall be retained by the compulsory drug treatment center, and one of which shall be handed over to the rehabilitated drug addicts. The compulsory drug treatment center shall register and confiscate, piece by piece, the drugs found during the inspection and the contraband goods required by law to be confiscated, and shall issue a Confiscation List of Contraband Goods for Compulsory Drug Rehabilitation Personnel in duplicate, one copy of which shall be retained by the compulsory drug treatment center and one copy of which shall be handed over to the rehabilitated drug addicts. Confiscated items shall be disposed of in accordance with the relevant provisions. The personal examination of female drug addicts shall be carried out by female staff.
Article 13: Compulsory drug treatment centers shall, in accordance with the law and the relevant provisions of the establishment of drug addicts files, computerized management. File contents include: "compulsory drug rehabilitation decision" "compulsory drug rehabilitation personnel into the registration form" "compulsory drug rehabilitation personnel out of the registration form" "compulsory drug rehabilitation personnel health checklist" "compulsory drug rehabilitation personnel property custody registration form" "compulsory drug rehabilitation personnel contraband confiscation list", medical records of drug rehabilitation personnel, conversation and education records, "extension of the period of mandatory drug rehabilitation submitted to the approval of the table" "extension of the period of mandatory drug rehabilitation decision" "compulsory drug rehabilitation personnel out of the limited period of time out of the prison. Notification of Compulsory Drug Rehabilitation of Drug Addicts Outside the Detention Facility", "Submission and Approval Form for Discharge from Compulsory Drug Rehabilitation", "Certificate of Discharge from Compulsory Drug Rehabilitation", and other materials that need to be preserved. In the event that a drug addict dies during drug treatment, the compulsory drug treatment center shall include in its files the "Certificate of Death of Compulsory Drug Addict and the Notice of Death of Compulsory Drug Addict. Without the approval of the director of the compulsory drug treatment center, no one may consult the files of drug addicts.
Chapter III: Management and Education
Article 14: Compulsory drug treatment centers shall establish a strict system of management and education, and shall combine education with discipline, so as to educate and save drug addicts.
Article 15: Compulsory drug treatment centers shall manage drug addicts separately according to gender, adults and minors. Female drug addicts shall be managed by female staff. Compulsory drug treatment centers shall, in accordance with the situation of drug addiction, according to physical detoxification, psychological treatment, physical rehabilitation and other sub-district management.
Article 16: The drug treatment area of a compulsory drug treatment center shall be managed in a closed manner. In addition to correctional, medical, labor personnel, other personnel without the approval of the director, shall not enter the drug treatment area.
Article XVII of the mandatory drug treatment centers to implement twenty-four hours on duty patrol system, the duty officer must remain at their posts, and found that the problem should be reported in a timely manner, properly dealt with.
Article 18: Compulsory drug treatment centers shall carry out regular or irregular safety inspections, eliminate potential accidents in a timely manner, and prevent the escape of drug addicts, suicides and other accidents and other hazards to the safety of compulsory drug treatment centers.
Article 19: Compulsory drug treatment centers may take protective measures, such as personal care or isolation, to prevent injuries or deaths to drug addicts who may injure themselves or harm themselves or commit other harmful acts as a result of the onset of their drug addiction.
Article 20 Compulsory drug treatment centers shall educate drug addicts to abide by the Code of Conduct for Compulsory Drug Addicts and the rules and regulations of the compulsory drug treatment centers, to obey the management, to cooperate with the treatment, and to accept the education. For violation of the rules, the compulsory drug treatment center shall, depending on the circumstances, be criticized and educated or warned; violation of the Regulations on Public Security Administration Punishments, by the public security organs of the compulsory drug treatment center shall be given public security penalties; constitutes a crime, shall be held criminally liable according to law.
Article 21: Compulsory drug treatment centers shall, in accordance with the actual situation of drug addicts, carry out planned, purposeful and targeted education on the rule of law, morality, situation, policy, the hazards of drug abuse, and knowledge of sexually transmitted diseases and AIDS. The conversation of female drug addicts education, should be carried out by female police or more than two police.
Article 22 of the education of drug addicts, can take the centralized lectures, individual conversation, social education, friends and relatives persuasion, the present and other forms. Compulsory drug treatment facilities shall organize drug addicts to listen to the radio, watch television, read books and newspapers, study tours, self-produced literary and artistic programs and other activities, active drug addicts life.
Article 23 of the compulsory drug treatment centers for drug addicts to implement standardized management of daily life. Correctional police on drug addicts should be implemented face-to-face direct management, should be familiar with the basic situation of drug addicts under the supervision of the timely grasp of its ideological dynamics, targeted ideological education work. Medical personnel should keep abreast of the treatment and physical rehabilitation of drug addicts under their charge.
Article 24 For drug addicts who voluntarily confess their own illegal and criminal behavior, the compulsory drug treatment center shall recommend to the relevant departments in accordance with the law to lighten, mitigate or exempt from punishment; for the report, uncover others illegal and criminal behavior or other meritorious performances of drug addicts, the compulsory drug treatment center shall be given a reward. Compulsory drug treatment center found that drug addicts have other illegal and criminal behavior has not been dealt with, shall be in accordance with the provisions of the relevant laws and regulations to the relevant departments.
Article 25 During the mandatory drug rehabilitation of drug addicts with one of the circumstances stipulated in Article 10 of these Measures, it is not suitable for drug rehabilitation in the compulsory drug rehabilitation center, the compulsory drug rehabilitation center shall be reported to the public security organs for approval of the original decision, issued a "notice of compulsory out-of-house detoxification of drug addicts", so that drug addicts in the place of residence or temporary residence of the local police station supervision and management of drug addiction out of the place of residence for a limited period of time. The period of time spent on drug treatment outside the facility is counted as part of the period of compulsory drug treatment. Upon expiration of the time limit for out-of-house detoxification, and upon examination of the person who has been physically detoxified, the compulsory detoxification center shall go through the formalities of discharging him or her from the facility, and issue a Certificate of Discharge from Compulsory Detoxification.
Article 26: Compulsory drug treatment centers shall allow family members of drug addicts or their units to visit, and visits shall be arranged by the compulsory drug treatment centers. Visitors must comply with the relevant provisions of the compulsory drug treatment center. In the event of a violation of the regulations, the compulsory drug treatment center may give a warning or order the visits to cease. Items brought or mailed to a drug addict must be inspected by the compulsory drug treatment center to make sure that they are not prohibited and registered before they are handed over to the addict himself or herself.
Article 27: When a case-handling unit inquires about a drug addict, it shall present a certificate of the case-handling unit and a valid ID of the case-handling officer, go through the registration procedures, and, with the approval of the director, conduct the inquiry at a designated place within the facility. When questioning, the case officer shall not be less than two.
Article 28 During the compulsory drug rehabilitation, in the event of illness or death of an immediate family member or other valid reasons for temporary absence, the local police station to issue a certificate, the relatives or the unit to write a written guarantee, approved by the director and reported to the public security organs for the record, may leave the premises. The period of absence shall not exceed three days, and the time spent away from the facility shall be counted as part of the period of compulsory drug treatment.
Article 29 For the criminal detention, arrest procedures have been handled in the custody of criminal suspects, defendants and education in the shelter of the education of the detainees, really need to be in a compulsory drug rehabilitation center for physiological detoxification treatment, by the custody and education shelter to put forward the views of the public security organs at or above the county level for approval, can be in the designated compulsory drug rehabilitation center treatment. During the period of treatment, the guardianship work is undertaken by the original place of custody, and the person is escorted back to the original place of custody immediately after the physiological detoxification.
Article 30 of the drug addicts died during the compulsory drug treatment, compulsory drug treatment shall notify the original decision of the public security organs to organize a forensic doctor or a designated doctor to make a death appraisal, by the People's Procuratorate at the same level of the examination, fill in the "compulsory drug addicts death notice", notify the deceased's family members, the unit or the hukou district police station; for the family not to claim the body, by the compulsory drug treatment For bodies that are not claimed by their families, the compulsory drug treatment center shall report to the public security organ that made the original decision for approval, and take pictures of the body for later processing. The public security organ that made the original decision shall report the death identification and other relevant information to the public security organs of the next higher level for the record.
Article 31 If a drug addict is dissatisfied with a decision on compulsory drug treatment and applies for reconsideration or files an administrative lawsuit with the people's court, the compulsory drug treatment center shall promptly send the materials to the relevant departments for processing. For drug addicts to report, expose and accuse the staff of the compulsory drug treatment center of illegal and undisciplined behavior of the material, the compulsory drug treatment center shall be promptly sent to the relevant departments or higher competent authorities to deal with.
Chapter IV Medical Treatment and Rehabilitation
Article 32: Compulsory drug treatment centers shall take symptomatic drug treatment measures for drug addicts, and establish treatment files; patients with infectious diseases such as AIDS, gonorrhea, and syphilis, as well as those who are infected with viruses, shall be subjected to isolation treatment.
Article 33 The compulsory drug treatment centers must be in accordance with the relevant provisions of the use of drug treatment drugs, shall not be used without the approval of the clinical use of drug treatment drugs or trial.
Article 34 Compulsory drug treatment centers shall establish a strict drug management system. Narcotic drugs, psychotropic substances for drug treatment, shall be managed by a person, and the establishment of a special receipt and payment books, special prescriptions and special registers, kept by a person. Drug addicts need to use drug treatment drugs, should be prescribed by a doctor, and supervise the drug addicts on the spot to take the medicine.
Article 35: Compulsory drug treatment centers shall implement a system of twenty-four-hour duty and regular check-ups by medical and nursing staff to prevent accidents from occurring during the detoxification treatment of drug addicts.
Article 36 Compulsory drug treatment centers shall organize drug addicts undergoing detoxification treatment to carry out cultural and sports activities conducive to their physical rehabilitation; under the premise of ensuring safety, they may organize drug addicts to take part in moderate labor within the center.
Article 37 For drug addicts whose period of compulsory detoxification is about to expire, the compulsory drug treatment center shall examine whether they have been physically detoxified. For those who are still not physically detoxified, the compulsory drug treatment center may put forward its opinion, fill in the "Extension of Compulsory Drug Rehabilitation Period Submission Form", and report it to the public security organ that made the original decision for approval, to extend the period of compulsory drug rehabilitation; however, the period of compulsory drug rehabilitation that is actually carried out shall not be counted consecutively for more than one year.
Chapter V Life and Health
Article 38 Compulsory drug treatment centers shall establish office areas, drug treatment areas, cultural and sports activities, production and labor areas, equipped with the necessary medical equipment and fitness equipment. Drug treatment area should be equipped with detoxification room, observation room, treatment room, pharmacy, testing room and duty room. The pharmacy in the drug treatment area should have the conditions for storing narcotic drugs, psychotropic drugs and toxic drugs for medical use. Treatment room should have the conditions of diagnosis and treatment of common complications of drug addiction and other emergency facilities.
Article 39 of the drug addiction treatment room area per person shall not be less than an average of three square meters; should be ventilated, light, able to prevent cold, heat and moisture. Article 40 Compulsory drug addiction treatment centers shall establish a system of hygiene and epidemic prevention, there should be for drug addicts bathing, haircutting and washing and sunning facilities; to maintain indoor and outdoor hygiene and sanitation, disinfection on a regular basis; greening and beautification of the environment of compulsory drug addiction treatment centers.
Article 41 The living expenses and treatment costs of drug addicts during drug treatment shall be borne by themselves or their families. Drug addicts really can not afford to pay, by the police station where their household registration issued a certificate, the compulsory drug treatment center to draw up a budget plan, reported to the local financial department to solve. Drug addicts living expenses, treatment costs standards, by the provinces, autonomous regions, municipalities directly under the Central Public Security Bureau, according to the local actual situation of the price department, and report to the Ministry of Public Security for the record.
Article 42 of the drug addicts or their families to pay the living expenses, treatment costs, compulsory drug treatment centers shall issue receipts, separate accounts, separate management, food accounts monthly settlement published once. Retention, misappropriation and other forms of embezzlement are strictly prohibited. The canteen for drug addicts should be separate from the staff canteen, with separate stoves, to ensure dietary hygiene. For ethnic minority drug addicts, to respect their ethnic customs and habits.
Chapter VI Discharge
Article 43 Upon the expiration of the period of compulsory detoxification, drug addicts who have been tested to be physically detoxified shall be discharged by the director of the compulsory detoxification center after approval of the formalities, and shall be issued with a Certificate of Discharge from Compulsory Detoxification, and shall be notified to be collected by their family members or their units. With the "Registration Form for Keeping Property of Compulsory Drug Rehabilitation Personnel", the rehabilitated person shall receive the property stored at the time of his admission to the compulsory drug rehabilitation center.
Article 44 If a drug addict is approved for criminal detention, arrest or re-education-through-labor, juvenile re-education-through-labor, or sheltered education due to other illegal or criminal acts, the compulsory drug addiction treatment center shall terminate his or her drug addiction treatment in the compulsory drug addiction treatment center in accordance with the relevant legal instruments and handle the procedures for handing over the drug addiction treatment center.
Article 45 For drug addicts discharged at the end of the drug treatment period, the compulsory drug treatment center shall inform the public security police station where the person's permanent residence is located or where he or she temporarily resides, and carry out regular follow-up investigations and return visits, and cooperate with the drug addicts and their family members, their units or residential (village) committees, and the police station where the person's permanent residence is located or where he or she temporarily resides in the implementation of measures to help them to consolidate the effects of drug addiction treatment.
Article 46 When drug addicts leave a compulsory drug treatment center, the compulsory drug treatment center shall register their departure and fill in the Registration Form for Compulsory Discharge of Drug Addicts.
Chapter VII Supplementary Provisions
Article 47 Compulsory drug treatment centers may accept voluntary drug addicts, but they must be managed separately from compulsory drug addicts and a corresponding management system must be established.
Article 48 The term "drug addicts" in these Measures refers to compulsory drug addicts. Article 49 The term "above" in these Measures includes the present number.
Article 50 The compulsory drug rehabilitation centers shall be graded and managed, and the specific measures shall be separately formulated by the Ministry of Public Security.
Article 51 The format of documents for compulsory drug rehabilitation centers shall be formulated by the Ministry of Public Security.
Article 52 These Measures shall be interpreted by the Ministry of Public Security.
Article 53 These Measures shall come into force on the date of publication.