Chapter I General Principles
Article 1 In order to strengthen and standardize management and ensure the smooth progress of compulsory drug rehabilitation, these Measures are formulated in accordance with the Measures of the State Council Municipality on Compulsory Drug Rehabilitation and relevant regulations.
Article 2 Compulsory drug rehabilitation centers are places where public security organs carry out physical drug rehabilitation, psychological correction, moderate labor, physical rehabilitation and legal and moral education for drug addicts and injecting drug users within a certain period of time through administrative compulsory measures according to law.
Article 3 Compulsory drug rehabilitation centers should adhere to the principle of combining drug rehabilitation with education, follow the principle of management according to law, strictness, science and civilization, and realize standardized management, hospital treatment, school education, rehabilitation and labor, and garden environment.
Article 4 The public security organs of the people's governments at or above the county level shall, in accordance with the unified planning of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, put forward a plan for the establishment of compulsory drug rehabilitation centers, which shall be submitted to the people's government at the same level for approval and submitted to the Ministry of Public Security for the record. Railway, transportation and civil aviation systems are equivalent to public security organs at or above the county level. When compulsory drug rehabilitation centers need to be established, they should be reported to the Public Security Bureau of the Ministry of Railways, the Public Security Bureau of the Ministry of Communications and the Public Security Bureau of the Civil Aviation Administration for approval, and then reported to the Ministry of Public Security for the record. The public security organ shall not set up compulsory drug rehabilitation centers with any unit or individual. Compulsory drug rehabilitation centers must be set up separately, with no less than 60 beds. The location of compulsory detoxification centers should be as far away from government agencies, schools, residential areas, kindergartens and other crowded and prosperous areas as possible, and away from noisy and polluted places.
Article 5 Compulsory drug rehabilitation centers shall be managed by public security organs that set up compulsory drug rehabilitation centers. The name of compulsory drug rehabilitation centers is called "Compulsory drug rehabilitation centers for public security organs".
Article 6 A compulsory drug rehabilitation center shall have one director and one to three deputy directors, and shall be equipped with police forces such as discipline, medical treatment and accounting according to the needs of work.
Compulsory drug rehabilitation centers should be equipped with police according to the number of beds: if the number of beds is insufficient 100, there are generally no less than 15 people, including no less than 4 medical staff; More than 100 beds, the police should generally be equipped with 15% beds, of which the medical staff should be no less than 5% beds. Compulsory drug rehabilitation centers should be equipped with a certain number of female police officers and a corresponding number of staff according to the needs of their work. The director, deputy director and police officers shall have a college degree or above; Doctors should have the title of doctor or above, nurses should have the title or have been trained in relevant professional knowledge, and accountants should have the professional title of accounting.
Article 7 The police in compulsory drug rehabilitation centers must enforce the law impartially, strictly observe discipline, be honest and upright, and may not commit any of the following acts:
(a) abuse, corporal punishment, insult to drug addicts, infringing on their legitimate rights and interests;
(two) to ask for and accept the property of drug addicts and their relatives;
(3) misappropriating, damaging or disposing of confiscated property by itself;
(4) Providing narcotic drugs and psychotropic drugs to drug addicts in violation of regulations;
(5) Releasing drug addicts without permission.
Article 8 The capital construction investment and required funds of compulsory drug rehabilitation centers shall be reported to the planning department and financial department of the people's government at the same level in accordance with the administrative subordination and incorporated into the capital construction plan and financial budget at the same level.
Chapter II Entry into the Institute
Article 9 Compulsory drug rehabilitation centers shall accept drug addicts on the strength of a compulsory drug rehabilitation decision issued by the public security organ of the people's government at or above the county level.
Article 10 When a compulsory drug rehabilitation center accepts drug addicts, it shall fill in the Registration Form for Compulsory Drug Addicts, conduct health examination and fill in the Health Checklist for Compulsory Drug Addicts. Under any of the following circumstances, it is not suitable to stay in a compulsory drug rehabilitation center, and the compulsory drug rehabilitation center shall issue a health examination conclusion, return it to the public security organ that made the original decision, and make a decision on overdue drug rehabilitation according to law:
(a) suffering from acute infectious diseases (excluding sexually transmitted diseases) or other serious diseases;
(2) Being pregnant or nursing a baby under one year old;
(3) Others who are not suitable for detoxification in compulsory detoxification centers. After the circumstances specified in the preceding paragraph disappear, if the drug addicts fail to give up their drug addiction within the time limit and need compulsory detoxification, the public security organ that originally made the decision shall make a compulsory detoxification decision and send it to the compulsory detoxification center to continue detoxification.
Article 11 When accepting drug addicts, compulsory drug rehabilitation centers shall inform them of the rights they enjoy according to law and the regulations they must abide by.
Article 12 When accepting drug addicts, compulsory drug rehabilitation centers must check their persons and the articles they carry. In addition to daily necessities, other property shall be kept by the compulsory drug rehabilitation center, and the Registration Form for Property Keeping of Compulsory Drug Rehabilitation Personnel shall be filled out in duplicate, one for the compulsory drug rehabilitation center and one for the drug rehabilitation personnel. The compulsory drug rehabilitation center shall register the drugs found in the inspection and the contraband that should be confiscated according to law one by one, confiscate them, and issue a List of Confiscated Contraband to the staff of the compulsory drug rehabilitation center in duplicate, one for the compulsory drug rehabilitation center and one for the drug rehabilitation staff. Confiscated articles shall be disposed of in accordance with relevant regulations. The physical examination of female drug addicts should be carried out by female staff.
Article 13 Compulsory drug rehabilitation centers shall, in accordance with laws and relevant regulations, establish files of drug addicts and implement computer management. The contents of the file include: compulsory detoxification decision, compulsory detoxification personnel entry registration form, compulsory detoxification personnel exit registration form, compulsory detoxification personnel health checklist, compulsory detoxification personnel property preservation registration form, compulsory detoxification personnel contraband confiscation list, detoxification personnel medical records, report form for extending compulsory detoxification period, decision form for extending compulsory detoxification period, notice of detoxification beyond compulsory detoxification period, and termination of compulsory detoxification. If a drug addict dies during drug rehabilitation, the compulsory drug rehabilitation center shall file the Death Certificate of the Compulsory Drug Addiction Person and the Death Notice of the Compulsory Drug Addiction Person. Without the approval of the director of compulsory detoxification, no one may consult the files of drug addicts.
Chapter III Management and Education
Fourteenth compulsory drug rehabilitation centers should establish a strict management and education system, combine education with management, and educate and save drug addicts.
Article 15 Compulsory drug rehabilitation centers shall manage drug addicts according to gender, adult and minor. Female drug addicts are managed by female staff. Compulsory drug rehabilitation centers should be managed according to the situation of drug rehabilitation, physical drug rehabilitation, psychotherapy and physical rehabilitation.
Sixteenth compulsory drug treatment area closed management. In addition to the discipline, medical care and staff, other personnel are not allowed to enter the drug treatment area without the approval of the director.
Seventeenth compulsory drug rehabilitation centers to implement a 24-hour patrol system, the staff on duty must stick to their posts, found problems should be reported in a timely manner, properly handled.
Eighteenth compulsory drug rehabilitation centers should conduct regular or irregular safety inspections, eliminate hidden dangers in time, and prevent drug addicts from escaping and committing suicide and other accidents that endanger the safety of compulsory drug rehabilitation centers.
Article 19 Compulsory drug rehabilitation centers may take protective measures such as special guardianship or isolation for drug addicts who may have self-injury or self-injury or other harmful behaviors due to drug addiction to prevent casualties.
Article 20 Compulsory drug rehabilitation centers shall educate drug addicts to abide by the code of conduct for drug addicts and the rules and regulations of compulsory drug rehabilitation centers, obey management, cooperate with treatment and receive education. In violation of the provisions, compulsory detoxification should be criticized or warned according to the situation; Violation of the "Regulations on Administrative Penalties for Public Security" shall be punished by the public security organs affiliated to compulsory drug rehabilitation centers; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-first compulsory drug rehabilitation centers shall, according to the actual situation of drug addicts, carry out legal, moral, situation, policy, drug abuse, sexually transmitted diseases and AIDS knowledge education in a planned, purposeful and targeted manner. Conversation education for female drug addicts should be conducted by female policemen or two or more policemen.
Article 22 The education of drug addicts can take various forms such as concentrated lectures, individual conversations, social assistance and education, persuasion by relatives and friends, and self-introduction. Compulsory drug rehabilitation centers should organize drug addicts to listen to radio, watch TV, read books and newspapers, visit and study, create and perform literary and artistic programs, and activate the lives of drug addicts.
Twenty-third compulsory drug rehabilitation centers should implement standardized management of the daily life of drug addicts. The police should directly manage drug addicts face to face, be familiar with the basic situation of drug addicts under their control, grasp their ideological trends in time, and do a good job in ideological education in a targeted manner. Medical personnel should keep abreast of the treatment and physical rehabilitation of drug addicts in charge.
Article 24 For drug addicts who voluntarily confess their illegal and criminal acts, the compulsory drug rehabilitation center shall suggest the relevant departments to be given a lighter, mitigated or exempted punishment according to law; Compulsory drug rehabilitation centers shall reward drug addicts who report and expose other people's illegal and criminal acts or who have made other meritorious deeds. If compulsory drug rehabilitation centers find that drug addicts have other illegal and criminal acts that have not been dealt with, they shall submit them to the relevant departments for handling in accordance with the provisions of relevant laws and regulations.
Article 25 If a drug addict falls into any of the circumstances specified in Article 10 of these Measures during compulsory detoxification and is not suitable for detoxification in compulsory detoxification, the compulsory detoxification shall be reported to the public security organ that originally made the decision for approval, and a Notice of Compulsory Detoxification for Drug Addicts within a Time Limit shall be issued, so that the drug addict can be detoxified beyond the time limit under the supervision and management of the public security police station in his permanent residence or temporary residence. Over the period of detoxification time included in the compulsory detoxification period. After the expiration of the overdue drug rehabilitation period, the compulsory drug rehabilitation center shall go through the formalities for it and issue a certificate of lifting the compulsory drug rehabilitation.
Twenty-sixth compulsory drug rehabilitation centers should allow family members of drug addicts or relevant personnel of their units to visit, and visits should be arranged by compulsory drug rehabilitation centers. Visitors must abide by the relevant regulations of compulsory drug rehabilitation centers. In violation of the regulations, compulsory detoxification can warn or order them to stop visiting. Articles carried or mailed to drug addicts must be checked and registered by compulsory drug rehabilitation centers before they can be handed over to drug addicts themselves.
Article 27 When inquiring about drug addicts, a case-handling unit shall produce the certificate of the case-handling unit and the valid certificate of the case-handling personnel, go through the registration formalities, and conduct it at the designated place within the institute with the approval of the director. At the time of investigation, there shall be no less than two investigators.
Article 28 During compulsory detoxification, if the immediate family members of drug addicts are critically ill, die or have other legitimate reasons and need to leave the place temporarily, the local police station will issue a certificate, and their relatives or units will issue a written guarantee. Only after being approved by the director and reported to the public security organ for the record can you leave the place. The absence time shall not exceed three days, and the absence time shall be included in the compulsory detoxification period.
Article 29 If a criminal suspect or defendant who has gone through the formalities of criminal detention and arrest really needs to be detained in a detention center, and the educated people who have been accommodated receive physical detoxification treatment in a compulsory detoxification center, the opinions put forward by the detention center, detention center and education can be treated in a designated compulsory detoxification center with the approval of the public security organ at or above the county level. During the treatment, the monitoring work was undertaken by the original supervision place, and was immediately escorted back to the original supervision place after physiological detoxification.
Article 30 If a drug addict dies during compulsory detoxification, the compulsory detoxification shall notify the public security organ that originally made the decision to organize a forensic doctor or designate a doctor to conduct a death appraisal. After inspection by the people's procuratorate at the same level, fill out the Notice of Death of Drug Addicts, and notify the family members of the deceased, the unit where they work or the local police station where their household registration is located; Bodies that are not claimed by family members shall be reported to the public security organ for approval by the compulsory drug rehabilitation center, and processed after taking photos. The public security organ that originally made the decision shall report the death appraisal and other relevant information to the public security organ at the next higher level for the record.
Thirty-first drug addicts refuse to accept the decision of compulsory drug rehabilitation, apply for reconsideration or bring an administrative lawsuit to the people's court, and the compulsory drug rehabilitation institution shall promptly send the materials to the relevant departments for handling. If drug addicts report, expose and accuse the staff of compulsory drug rehabilitation centers of violating laws and regulations, compulsory drug rehabilitation centers shall promptly send them to the relevant departments or higher authorities for handling.
Chapter IV Medical Treatment and Rehabilitation
Thirty-second compulsory drug rehabilitation centers should take symptomatic drug rehabilitation measures for drug addicts and establish drug rehabilitation files; Patients with AIDS, gonorrhea, syphilis and other infectious diseases and virus-infected people should be treated in isolation.
Article 33 Compulsory drug rehabilitation centers must use drug rehabilitation drugs in accordance with relevant regulations. Without approval, drug rehabilitation drugs may not be used for clinical use or trial.
Article 34 A compulsory drug rehabilitation center shall establish a strict drug management system. Narcotic drugs and psychotropic drugs for drug rehabilitation shall be managed by special personnel, and special account books, special prescriptions and special account books shall be established respectively, and kept by special personnel. If it is really necessary for drug addicts to use drugs, doctors should prescribe drugs and supervise drug addicts to take them on the spot.
Thirty-fifth compulsory drug rehabilitation centers should implement the system of 24-hour duty and regular rounds of medical staff to prevent accidents in the process of drug rehabilitation.
Thirty-sixth compulsory drug rehabilitation centers should organize drug addicts to carry out cultural and sports activities beneficial to physical rehabilitation; Under the premise of ensuring safety, drug addicts can be organized to participate in moderate labor in the institute.
Thirty-seventh for drug addicts whose compulsory detoxification period is about to expire, compulsory detoxification should check whether they have undergone physical detoxification. For those who have not yet undergone physical detoxification, compulsory detoxification can put forward opinions, fill in the "Extension Form of Compulsory Detoxification Period", and report to the public security organ that made the decision for approval to extend the compulsory detoxification period; However, the actual period of compulsory detoxification shall not exceed one year.
Chapter V Life and Health
Thirty-eighth compulsory drug rehabilitation centers should set up office areas, drug treatment areas, cultural and sports activities areas, production and labor areas, equipped with necessary medical equipment and fitness equipment. Drug rehabilitation places should be equipped with drug rehabilitation rooms, observation rooms, treatment rooms, pharmacies, inspection rooms and duty rooms. Pharmacies in drug treatment areas should have the conditions for storing narcotic drugs, psychotropic drugs and toxic drugs for medical use. The treatment room should have the conditions for diagnosis and treatment of common complications of drug rehabilitation and other first aid facilities.
Thirty-ninth drug treatment ward area of not less than three square meters per person; Should be ventilated, daylighting, cold, heat and moisture. Fortieth compulsory drug rehabilitation centers should establish a health and epidemic prevention system, and there should be facilities for drug addicts to bathe, have haircuts, wash clothes and hang clothes; Keep indoor and outdoor clean and sanitary, and disinfect regularly; Greening and beautifying the environment of compulsory drug rehabilitation centers.
Article 41 The living expenses and treatment expenses of drug addicts during drug rehabilitation shall be borne by themselves or their families. If drug addicts are really unable to pay, the police station where their accounts are located will issue a certificate, and the compulsory drug rehabilitation center will draw up a budget plan and report it to the local financial department for settlement. The living expenses and treatment expenses of drug addicts shall be uniformly formulated by the public security departments and bureaus of all provinces, autonomous regions and municipalities directly under the Central Government according to the local actual conditions, and shall be reported to the Ministry of Public Security for the record.
Forty-second compulsory drug rehabilitation centers shall issue receipts, keep separate accounts and manage the living expenses and treatment expenses paid by drug addicts or their families. Grain accounts are settled and published once a month. It is strictly forbidden to intercept, misappropriate or divide it up in other ways. The canteen for drug addicts should be separated from the staff canteen, and a separate kitchen should be set up to ensure food hygiene. Minority drug addicts should respect their national customs and habits.
Chapter VI Walking out of College
Forty-third after the expiration of compulsory detoxification, drug addicts who have been physically detoxified after examination shall go through the discharge formalities with the approval of the director of compulsory detoxification, and issue a certificate of lifting compulsory detoxification, and notify their families or their units to get it back. Drug addicts receive the property stored at the time of admission with the Registration Form for Property Custody of Compulsory Drug Addicts.
Article 44 If a drug addict is approved for criminal detention, arrest, reeducation through labor or juvenile detention and education, the compulsory detoxification center shall terminate his detoxification in the compulsory detoxification center according to the relevant legal documents and go through the transfer procedures.
Article 45 For drug addicts discharged after the expiration of drug rehabilitation, compulsory drug rehabilitation shall inform the local police station of their permanent residence or temporary residence, and conduct regular follow-up investigations and return visits, and cooperate with drug addicts and their families, their units or neighborhood (village) committees, the local police station of their permanent residence or temporary residence to implement assistance and education measures to consolidate the effect of drug rehabilitation.
Article 46 When a drug addict leaves a compulsory drug rehabilitation center, the compulsory drug rehabilitation center shall register the drug addict who leaves the drug rehabilitation center and fill in the Registration Form for Drug Addicts Leaving the Drug Rehabilitation Center.
Chapter VII Supplementary Provisions
Forty-seventh compulsory drug rehabilitation centers can accept voluntary drug addicts, but they must be managed separately from compulsory drug addicts and establish corresponding management systems.
Forty-eighth drug addicts mentioned in these Measures refer to those who are forced to give up drugs. Article 49 The term "above" as mentioned in these Measures includes this number.
Article 50 Compulsory drug rehabilitation centers shall be managed at different levels, and the specific measures shall be formulated separately by the Ministry of Public Security.
Article 51 The document format of compulsory drug rehabilitation centers shall be uniformly formulated by the Ministry of Public Security.
Article 52 The Ministry of Public Security shall be responsible for the interpretation of these Measures.
Article 53 These Measures shall come into force as of the date of promulgation.