Release date: September 20, 2004
Implementation date: September 20, 2004
The judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, and the Prison Bureau of Xinjiang Production and Construction Corps:
Since 1995, the Ministry of Justice has organized activities to create modern civilized prisons in the national prison system. This activity greatly mobilized the enthusiasm of the prison people's police, improved the prison management level and the quality of reforming criminals, pushed the overall prison work to a new level, and made important contributions to maintaining social stability and ensuring economic development.
In order to implement the requirements of managing prisons according to law, further promote the creation activities, continuously improve the quality of reforming criminals, promote the all-round development of the whole prison work, and make greater contributions to the security and stability of society, the Ministry of Justice has carefully summarized the experience of the creation work, and revised the standards for the establishment of modern civilized prisons formulated by 1994 according to the development and changes of the social situation and the actual needs of prison work.
The newly revised "Modern and Civilized Prison Standards" insists on keeping pace with the times, reform and innovation, strives to reflect the needs of the legalization, scientific and socialized construction of prison work and the reform of prison system, and has higher requirements, and unifies the original compliance indicators and assessment indicators into compliance indicators. The Ministry of Justice will examine and accept the declared ministerial-level modern civilized prisons in the second half of each year. The newly revised "Modern and Civilized Prison Standards" are hereby printed and distributed to you, please implement them carefully.
On September 20, 2004, General Principles of Modern Civilized Prison Standards Article 1 In order to continuously improve the prison management level and the quality of criminal reform, promote the all-round development of prison work, and embody the innovative spirit of keeping pace with the times, this standard is formulated in accordance with the Prison Law of People's Republic of China (PRC) and in combination with the actual situation of establishing a modern civilized prison.
Article 2 Prison work should adhere to the principle of "combining punishment with reform, aiming at reforming people" and gradually realize legalization, scientificity and socialization.
Article 3 A modern and civilized prison shall meet the requirements of this standard.
Article 4 The evaluation period of modern civilized prisons is three years.
Article 5 To declare a modern and civilized prison, the prison shall submit an application, which shall be accepted by the provincial (autonomous region or municipality) prison administration, and the judicial department (bureau) of the province (autonomous region or municipality) shall declare to the Ministry of Justice.
Article 6 In principle, the declaration, evaluation and naming of modern civilized prisons shall be conducted once a year. The declaration should be completed before April 30 each year.
Seventh modern civilized prisons are reviewed every three years. If the review does not meet the requirements, the title of modern civilized prison shall be cancelled. Team building.
Eighth leading bodies should unite and cooperate, pioneering and innovative, diligent and honest, pragmatic, adhere to democratic centralism, and form a strong leadership core. The average age of the leading group is less than 50 years old. Team members have college degree or above, and more than 50% of them have bachelor degree or above. The annual year-end assessment rate of leading group members reaches 100%. Article 9 The police force shall be firm in politics, proficient in business, loyal to their duties, clean and honest, and strictly enforced. More than 75% of the team have received college education, and more than 40% of them have knowledge of law, prison management, education and psychology.
Article 10 A special police education and training institution and training system should be established, and the training effect is obvious. The training funds shall not be less than 65438+ 0.5% of the total standard salary of the police. The annual off-the-job training for prison police shall not be less than 10 days.
Article 11 The proportion of criminals directly supervised by grass-roots police forces shall not be less than 8% of the number of criminals. Twelfth prison leaders shall not be investigated for criminal responsibility; There are no cases where police officers are investigated for criminal responsibility for corporal punishment, criminal abuse, corruption and bribery, and dereliction of duty.
Article 13 A prison shall have a sound penalty execution system and standardized work. In strict accordance with the conditions and procedures stipulated by laws and regulations, the execution of imprisonment, commutation, parole, temporary execution outside prison, release and other penalties shall be handled. In the process of commutation, parole and temporary execution outside prison, there were no cases of violation of law and discipline. All kinds of law enforcement documents are filled in neatly and accurately, and the management is standardized.
Fourteenth actively carry out the work of making prison affairs public, and formulate and implement the measures for the implementation of prison affairs public. Strengthen law enforcement supervision by making prison affairs public, setting up a report telephone, a report box and a reception day for prison directors, and hiring law enforcement supervisors.
Fifteenth in accordance with the requirements of the "Regulations", and earnestly carry out prison investigation. According to the regulations, the personnel and equipment for prison investigation should be guaranteed, and the full-time and part-time prison investigation police should have professional knowledge and receive professional training, and the number should not be less than 3% of the total number of prisoners. Prison investigation should be smooth in information, timely in feedback, targeted in preventive measures, in place and legal in handling cases, and the detection rate should reach over 95%.
Prison management Article 16 Prison management shall establish, improve and strictly implement the management systems of interviews, exchanges, guards, prison inspections, patrols, prohibition of people, vigilance and use of restraint tools, strictly examine and approve procedures, and make accurate and detailed records.
Article 17 The personal safety, lawful property and rights of defense, appeal, accusation and exposure of criminals shall be guaranteed according to law. Respect the personality of criminals, and there will be no incidents of corporal punishment and abuse of criminals. A prison shall designate a police officer to be responsible for the articles kept by criminals, and ensure that the accounts and articles are consistent and properly kept.
Eighteenth in strict accordance with the "Code of Conduct for Prison Prisoners" management of prisoners. The grading assessment is accurate and fair, and the records are standardized and detailed.
Article 19 The direct management of the police shall be implemented. The evaluation of criminals is directly controlled by the police. Key items and key parts are directly managed by the police.
Twentieth to develop and improve the emergency plan to deal with emergencies, and regularly organize the implementation of effective drills (not less than once a year).
Twenty-first safety work mechanism is perfect and the system is strict. The annual crime rate in prisons is less than one thousandth; There are no major or malignant cases in the prison; No criminals escaped.
Education reform Article 22 Establish and improve the education reform system, and provide formal and systematic ideological education, cultural education and vocational and technical education to criminals. The teaching time for adult criminals is not less than 500 class hours per year, and the study time for 16- 18-year-old minors is not less than 1000 class hours per year, and 16-year-old minors study all day.
Twenty-third individual education responsibilities clear, serious conversation, detailed records, effective measures, obvious results.
Twenty-fourth to carry out psychological correction work, the rate of criminals receiving psychological tests reached 100%, and a psychological file was established for each criminal.
Twenty-fifth to carry out various forms of cultural and sports activities to create a positive environment and atmosphere for the reform of criminals. The average library collection per criminal is not less than 10.
Twenty-sixth comprehensive management and reform of criminals, the establishment of social assistance and education system, to carry out multi-level, multi-channel and multi-form assistance and education activities, forming a network, covering more than 50%.
Twenty-seventh stubborn criminals and dangerous criminals, the annual conversion rate reached more than 50%; Criminals who have obtained cultural certificates and technical grade certificates after serving their sentences should reach more than 70% of the number of students to be enrolled. A criminal who has actually served his sentence in prison for more than three years should master at least one practical skill at the end of his sentence. The illiteracy rate of illiterate criminals with the ability to receive education reached 1.000% at the end of serving their sentences. Article 28 Food and clothing shall be provided to criminals according to the physical quantity, and collective food poisoning and food poisoning death accidents shall not occur.
Article 29 The health records of criminals shall be established to ensure basic medical care for criminals. The morbidity and mortality of criminals are lower than those of local urban residents.
Thirtieth to strengthen the prevention and control of infectious diseases such as tuberculosis, improve the cure rate and reduce the incidence.
Article 31 Criminals have fixed workplaces and relatively stable productive labor projects, which provide more effective jobs for more than 80% of criminals who have the ability to work and do not engage in foreign labor.
Thirty-second production safety facilities are complete and management is in place. The safety production facilities at the labor site comply with the relevant provisions of the state, and the safety production management requirements have been implemented without major safety accidents. There has been no work-related death accident of criminals for three consecutive years, and the serious injury rate of criminals does not exceed one thousandth.
Thirty-third labor site management is scientific and civilized. Prisons should implement advanced management methods and technologies such as total quality management to ensure a clean environment, orderly logistics, safety and civilization.
Article 34 A system of labor protection and remuneration shall be implemented for criminals according to law. Distribute and use labor protection articles according to regulations, and compensate criminals who are injured or killed at work according to regulations. The production skills and labor performance of criminals are linked to labor remuneration.
Guarantee of facilities, equipment and funds Article 35 The layout of prison buildings and ancillary facilities is standardized and reasonable, with complete functions and reliable quality, and the prison safety facilities meet the requirements of prison construction standards.
Article 36 A prison shall install monitoring equipment for important passages, confinement rooms, interview rooms and other departments to implement effective monitoring.
Thirty-seventh to establish a computer management system, the initial realization of information network management.
Article 38 Establish wired and wireless communication systems. Every policeman on duty is equipped with a walkie-talkie, so the communication in prison is smooth, and emergencies can be reported and notified in time.
Thirty-ninth equipped with police cars, prison cars and other means of transportation to meet business needs, to ensure that vehicles are in good condition.
Fortieth installation of alarm devices, equipped with necessary riot equipment and alarm devices, to meet the needs of safety prevention and handling of emergencies.
Article 41 The funds for prison police, prisoners' reform, prisoners' living expenses and prison operation shall conform to the provisions of the Ministry of Finance and the Ministry of Justice.