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Implementation Opinions of Municipal Bureau of Justice on Further Deepening Openness in Prison Affairs

Publishing department: system administrator   |   Date published: 十二月 28, 2015   |   Hits:23,837

 

 

 

Shanghai Bureau of Justice

 

 

 

Shanghai Bureau of Justice [2015] Publication No. 60

 

                                       

 


 

 

 

 

 

Implementation Opinions of Municipal Bureau of Justice on Further Deepening Openness in Prison Affairs

 

 

 

Municipal Bureau of Prison Management, the Political Department of the Bureau, Drug Enforcement Administration, Bureau of Community Rehabilitation, various unit of the Bureau, Bureau of Justice of various districts and counties:

 

The following Opinions on further deepening openness in prison affairs are hereby issued on the basis of the requirements in Opinions of Ministry of Justice on Further Deepening Openness in Prions Affairs (Ministry of Justice [2015] No. 7) together with the actual prison work of Shanghai, so as to implement in depth the spirits of the 18th National Congress of the Communist Party of China (CPC) and the Third and the Fourth Plenary Sessions of the 18th CPC Central Committee, as well as the overall plan of the Party Central Committee for deepening reform of judicial systems:

 

I. Having a Full Understanding of the Significance of Deepening Openness in Prison Affairs

 

Openness in prison affairs is an important constituent of enforcing criminal punishments and a concrete manifestation of prison system performing its duties in accordance with law and accepting oversight consciously. In recent years, by deepening the construction of modern policing mechanisms, Shanghai’s prison system has optimized processes for management of police affairs, improved the system to quantitatively evaluate offenders, promoted pilot openness in prison affairs actively and improved the level of enforcement management significantly. At the same time, it should also be observed that the overall level of openness in prison affairs in prison system can be improved, especially that disclosed content as well as disclosing method, systems and mechanisms, etc. is not in line with the social and economic development and the masses’ new expectations. Deepening openness in prison affairs is an important measure of Shanghai’s judicial and administrative system for implementing the strategy of ruling the country by law and deepening reform of judicial and administrative systems; it is urgent requirement of governing prisons in accordance with law and promoting the establishment of a peaceful Shanghai under the rule of law; it is an inevitable requirement of strengthening fair, civilized and uncorrupted law enforcement and improving the credibility of law enforcement in prisons; it is an important carrier for adapting to the new norm of prison work actively and responding to new expectations of the public actively. All units and departments of Shanghai’s prison system should further recognize the importance of openness in prison affairs, forging ahead with determination, agglomerating mental efforts, smoothening interaction between superior and inferior departments, relying on the spirit of reform and innovation and truly deepening all aspects of work on openness in prison affairs.

 

II. Grasping the Principles of Deepening Openness in Prison Affairs Accurately

 

Following the overall principle of “disclosure as the norm and non-disclosure as an exception”, focusing on the interests of the public, offenders and their families, together with key areas or hot topics in the field of law enforcement in prisons, following the work principle of “disclosing according to the law, disclosing in time and accurately and strengthening supervision”, strengthening the consciousness to disclose actively and to accept supervision actively, further deepening openness in prison affairs according to the different needs of the public, offenders and their close relatives and other public objects; truly promoting disclosure of content, methods, systems and services concerning law enforcement in prisons; promoting fairness through openness; establishing public trust through fairness.

 

III. Deepening Openness in Prison Affairs Thoroughly

 

(I) Prisons must disclose the following information to the general public:

 

  1. Prisons’ nature, tasks, duties and scope of authority.

  2. The statutory rights, duties and discipline requirements of prison police.

  3. Channels and methods for reporting and filing complaints against prison organs and prison police in enforcing the law or management work.

  4. The basic rights and obligations of criminals.

  5. The statutory requirements and procedures for the imprisonment and release of criminals.

  6. The means and ways for offenders to make appeals, accusations and inform against others.

  7. Statutory requirements, procedures and consequences of offenders receiving commutation or parole, and written recommendations from prisons to people’s courts requesting an offender be given commutation or parole.

  8. The statutory requirements, procedures and outcomes for offenders to serve sentences outside of prison provisionally, and the document containing the decision about provisional service of sentences outside of prison.

  9. The handling procedures and outcomes where offenders commit a further offence within the prison;

  10. Behavioral rules for the conduct of prisoners while serving a sentence;

  11. The requirements and procedures for evaluating whether offenders have exhibited signs of reform;

  12. The requirements and procedures for assigning grades to prisoners;

  13. The requirements and procedures for offenders receiving awards such as commendations, merits or material awards.

  14. The requirements and procedures for offenders receiving sanctions such as warnings, demerits or confinement.

  15. The requirements, procedures and outcomes for meritorious contribution and major meritorious contribution by offenders.

  16. The requirements and procedures for communications and visits for offenders;

  17. The requirements and procedures for offenders leaving the prison to visit relatives or having special permission to leave the prison;

  18. Conditions relating to ideological, cultural and occupational technology education.

  19. Conditions relating to offender labor programs, on-job-training, work times, labor protections and compensation.

  20. Conditions relating to offender meals, quality standards for clothing and bedding, food safety, and disease prevention and control.

  21. Circumstances of the handling and investigation of major incidents in prison law enforcement and management.

  22. Rules, laws and regulations for prison work.

  23. Content required to be made public according to laws, regulations and other normative documents;

    (II) In addition to the content disclosed to the public, prisons shall also disclose the following personal information on prisoners’ sentence to his close relatives according to the law:

 

  1. The name, address and contact information for the prison.

  2. Methods for managing objections to recommendations by prisons for commutation, parole or provisional service of sentence outside the prison.

  3. The outcomes of a prison’s evaluations, grade assignments and reward/penalties for an offender as well as methods for handling protests at the result.

  4. The results of an offender’s meritorious contribution and major meritorious contributions, as well as methods for handling complaints at the outcome.

  5. Outcomes of offender’s communications, meetings, trips outside prison to visit family or specially permitted trips outside prison.

  6. The outcomes of offender’s participation in cultural or professional technical education, social self-education tests and evaluations.

  7. Conditions regarding the offender’s participation in work programs, compensation for the offender’s jobs and labor, work skills and performance, and evaluation of work performance of the offender.

  8. Conditions regarding the offender’s food and sundries, as well as expenses and payments from their personal money account.

  9. The offender’s state of health and physical examination outcome, as well as diagnosis and treatment of illnesses.

  10. Other information that a prison feels necessary to disclose to the offender’s close families.

    (III) In addition to the content disclosed to the public and to the offender’s families, prisons and sub-wards shall also fully disclose the legal basis, procedures and outcomes of punishment execution and management to the offender, as well as the process for handling dissatisfaction with or raising objections to the outcomes; however, information involving state secrets, work secrets and the offender’s personal information shall not be disclosed. The following key contents shall be disclosed:

 

  1. The procedures and ways for prisons to assist people’s court to confiscate punishment against the property of offenders.

  2. The procedures for quantitatively evaluating offenders and the corresponding outcomes.

  3. The procedures for evaluating offenders’ acknowledgement of and repentance for guilt and the corresponding outcomes.

  4. The conditions and procedures for identifying elderly offenders, sick offenders and disabled offenders and the corresponding outcomes.

  5. The procedures for handling serious discipline violations of elderly offenders and the corresponding outcomes.

  6. The conditions and procedures for offenders receiving psychological treatment.

  7. Items of physical examination for offenders just before they are put into prison and the corresponding procedures.

  8. The conditions and procedures for offenders participating in academic education and the corresponding outcomes.

  9. Types of consumption of offenders within the prison and the corresponding procedures and standards.

  10. The ways of remittance for offenders’ relative and the corresponding amount standards.

  11. The procedures for managing offenders’ private properties.

  12. Other information prisons think should be disclosed to offenders according to the law.

    (IV) Based on an application of the offender or his close relative and according to the law, the prison may disclose the following information involving the conditions of an offender serving his sentence:

 

  1. The outcomes of an offender’s complaining, accusing and informing against others accepted by the prison.

  2. The outcomes of an offender who has been warned, had a demerit record, confined, etc.

  3. Execution of punishment against the property of an offender.

  4. Other information prisons think may be disclosed to the offender and his close relative.

    IV. Expanding Ways for Openness in Prison Affairs Vigorously

    (I) The information that should be made public according of the law should be made public in a way convenient for the public. The information involving the conditions of an offender serving his sentence may be disclosed to the offender and his close relative or made public according to the law based on an application of the offender and his close relative.

    (II) We should insist on and improve online and offline propaganda means and disclosing methods within and out of the prison, strengthen the concept of “Internet + Openness in Prison Affairs”, make full use of modern information technology, explore the use of weibos, WeChat and other new media, further broaden disclosing channels, so that offenders and their close relatives and the public may have access to publicly available information more conveniently, quickly and efficiently.

    (III) We should make all efforts to promote construction of the project of “Six Ones” (one website, one hotline, one platform, one window, one mechanism and one information card, i.e., the all-purpose card for the offender) for openness in prison affairs in Shanghai’s prison system, further improve, develop and apply the functions of the application system within the prison which is connected with the Internet, and enhance the level of informatization and concentration of openness in prison affairs.

 

  1. Perfecting functions of the portal website. Before the end of September 2015, we should complete development and construction of functions as well as transformation and upgrading of the system of the portal of Shanghai Bureau of Prisons (Shanghai Prisons), and build it into an important carrier for openness in prison affairs in Shanghai’s prison system, so that we can publish and disclose, and people can inquire about publicly available information online, including laws, regulations and normative documents related to management of law enforcement in prisons, effective law enforcement documents, etc. In addition, people can inquire about prison affairs online.

  2. Opening a hotline for openness in prison affairs. Before the end of October 2015, we should open a service hotline for openness in prison affairs in Shanghai’s prison system to the public to accept consultations, information inquiries, complaints, suggestions, etc. from close relatives of offenders. Special personnel should be assigned to answer the hotline in designated periods.

  3. Building network platforms for the public. We should open and operate a weibo and WeChat public account for the affairs of Shanghai Bureau of Prisons quickly, optimize the columns, and strengthen development, construction and application of functions like publishing, inquiring about and consulting about publicly available prison affairs. Before the end of December 2015, we should open and operate the weibo and WeChat public account for the affairs of Shanghai Bureau of Prisons formally.

  4. Optimizing construction of meeting windows. Special columns for openness of prison affairs, multi-function displays and smart touch-based inquiry machines should be set up in meeting rooms of various prisons in a unified manner. We should effectively promote construction of windows for openness of prison affairs in meeting rooms of various prisons based on the relevant standards and further improve propaganda means, information disclosing measures and inquiry services in prisons. Before the end of December 2015, we should complete construction of windows for openness of prison affairs in meeting rooms of various prisons based on the relevant standards.

  5. Establishing press release mechanism. We should implement a system of spokesperson for Shanghai Bureau of Prisons, hold press conference regularly or irregularly and disclose execution of prison punishment, protection of rights and interests of offenders, management of law enforcement and other activities to the public, close relatives of offenders, procuratorial organs, discipline inspection organs and the media. In case of any major event or emergency concerning management of law enforcement in prisons, the spokesperson shall disclose disposal, investigation and treatment of the event to the public in time.

  6. Optimizing functions of the all-purpose card. We should actively promote integration of data concerning offenders serving sentences, seriously summarize good experience and practices during the trial application of the special all-purpose cards for offenders and optimize development and application of their functions, so that offenders can inquire about information about their service of sentences in living areas in prisons by themselves, including score, evaluation, score-based treatment, administrative rewards and penalties, change in execution of punishment, labor remuneration, consumption in prisons, etc.

    V. Making Efforts to Build a Long-term Mechanism for Openness in Prison Affairs

    (I) Implementing the system of informing rights and obligations of offenders. Right after an offender is imprisoned or transferred into a prison (area) for new offenders, or old offenders or those offenders who will be set free soon, according to the relevant provisions, the prison (area) should notify the family member of the offender of the name, address and contact information of the prison (area). Basic rights and obligations of offenders should also be notified in time through education for new offenders, or by issuing guidebooks for service of sentences, manuals on openness of prison affairs or notifications of rights and obligations of offenders.

    (II) Strengthening the system for disclosing information about offenders’ service of sentences. The following information about offenders should be disclosed in prisons strictly according to the law: score, evaluation, score-based treatment, administrative rewards and penalties, meritorious and major meritorious contributions, commutation, parole, temporary service of sentence outside of prison, etc. We should standardize and improve the contents to be disclosed and be strict in disclosure period. Where there is any objection to the disclosure, a review shall be conducted promptly and a notification about the results shall be given thereafter.

    (III) Improving the system for supervisor of law enforcement. We should summarize and promote experience during pilot application of openness in prison affairs, study and prepare Management Methods of Shanghai Bureau of Prisons for Employment of Supervisor of Law Enforcement, specify the employment scope, conditions of supervisor of law enforcement, as well as contents and forms of supervision over law enforcement in prisons, etc. so as to give play to the role of supervisor of law enforcement in supervising management of law enforcement in prisons.

    (IV) Establishing and improving a platform and a working system for law enforcement and case investigation. We should strengthen construction of a platform for commutation, parole and temporary service of a sentence outside of prison, explore the establishment of personal electronic files of offenders, promote application, optimization and upgrading of punishment execution software, build an online platform based on which prisons can handle cases with judicial and procuratorial organs, record all processes of law enforcement and case investigation and share all information concerning such processes.

    (V) Establishing and improving a system for managing the portal website. We should specify the responsibilities of the department that is managing the portal, integrate the portal of Shanghai’s Bureau of Prisons into the construction of website complex (one body with several branches) for external services provided by Shanghai’s judicial and administrative system, study and prepare Methods of Shanghai Bureau of Prisons for Management of Portal and specify work requirements of preparing, reporting, reviewing, publishing, maintaining and updating publicly available information, requirement of information security, etc.

    (VI) Establishing and improving a system for briefing law enforcement in prisons. We should hold briefing of law enforcement in prisons regularly or irregularly, take the initiative in disclosing management of law enforcement in prisons, protection of legal rights and interests of offenders, etc. to procurators stationing in prisons, supervisors of law enforcement, close relative of the offender, the public, the media, etc., listen to opinions and suggestions, and take the initiative in accepting social supervision.

    (VII) Establishing and improving a work system for publishing public information about prison affairs. We should insist on facing the public, facing close relatives of offenders and facing offender. Based on top-level design, we should highlight demand orientation, clarify specification for editing public information of different kinds and nature, unify the format and standards, specify work processes of reviewing, maintaining, updating and reviewing confidentiality of information about openness in prison affairs to be published, so as to ensure standard, safe and orderly release of information about openness in prison affairs.

    (VIII) Organizing open day of prisons. We should take the initiative in disclosing specific time, content, activity arrangements and precautions of open day of prisons to the public and relatives of the offender and facilitating personal visits of the public and relatives of the offender to prisons for management of law enforcement in prisons. Specific time, activity arrangements and other information of open day of prisons shall be published regularly on the portal of Shanghai Bureau of Prisons.

    (IX) Developing procedures for disclosure based on application. We should study and prepare Working Regulations of Shanghai Bureau of Prisons for Disclosure of Information Based on Application of Offenders and Their Close Relatives, specify requirement of acceptance, disposal, reply, etc. of application for disclosure of information, so as to ensure that application of offenders and their close relatives can be disposed of properly and in time.

    VI. Making All Efforts to Guarantee Orderly Development of Openness in Prison Affairs

    (I) Shanghai Bureau of Justice should establish a leading group for deepening openness in prison affairs, with the principal leader as the group leader, leaders of related bureaus as deputy group leaders, directors of offices, Division of Personnel and Police Affairs of the Political Department, Legal Department, Department of Guidance on Drug Rehabilitation in Prisons, Legal Publicity Department and Information Technology Department of the bureau as group members, and be responsible for organization, leading, coordination, supervision and guidance in deepening openness in prison affairs. Shanghai Bureau of Prisons and various prisons should establish their own Working Committee on Deepening Openness in Prison Affairs, with principal leader as the director, related functional departments such as offices, Division of Execution of Punishment, Prison Administration, Division of Life and Health, Division of Education and Reform and Division of Information Technology as participants. The Committee should be responsible for organization, implementation, technical support, supervision and guidance in deepening openness in prison affairs.

    (II) Based on the requirements of these Implementation Opinions and Opinions of Ministry of Justice on Further Deepening Openness in Prions Affairs, together with the actual prison work of Shanghai, Shanghai Bureau of Prisons and all prisons should study and prepare specific implementation programs quickly, specify tasks, measures, time, responsible departments and responsible persons, so as to ensure that openness in prison affairs in Shanghai’s prison system can be deepened in order.

    (III) Based on their own duties and authority, Shanghai Bureau of Prisons and all prisons should further define 23 items of information that should be disclosed to the public, 10 items of information that should be disclosed to close relatives of the offender and related matters that should be disclosed to the offender, carefully prepare a list of enforcement powers, a list of management systems and a list of enforcement instruments that should be disclosed to the public, the offender and his close relatives, etc. We should make great efforts to promote the standardization of law enforcement, build the mechanism of “sunshine law enforcement” in prisons actively, accept legal supervision, supervision of specialized agencies, social supervision and internal supervision consciously, and constantly improve the level of prisons of fair, civilized and uncorrupted law enforcement.

    (IV) We should make efforts to create a civilized window for openness in prison affairs, summarize, refine and promote good experience and practices in openness in prison affairs, publicize deepening openness in prison affairs by means of newspapers, TV, radio, Internet and other news media, and actively guide social forces to participate in and support the deepening of openness in prison affairs in Shanghai’s prison system.

    (V) We should improve evaluation mechanisms and effectively integrate the deepening of openness in prison affairs into Shanghai Bureau of Justice’s assessment of law enforcement of Shanghai Bureau of Prisons. We should also strengthen the supervision mechanism, organize special supervision and inspection regularly, discover and solve problems in time, and implement the responsibility system. Any unit or person that has not performed duties or has not showed diligence in deepening openness in prison affairs shall be investigated and penalized seriously according to the law, and be held responsible according to the law in case of any serious consequence.

     

    Shanghai Bureau of Justice

    October 26, 2015

     

     

     

     

     

     

     

 

 

 

Cc: Ministry of Justice, Politics and Law Committee of Municipal Party Committee, Shanghai People’s Congress’ Commission of Legislative Affairs of standing committee, Shanghai Higher People’s Court, Shanghai People’s Procuratorate, Shanghai Bureau of Public Security.

 

Office of Shanghai Bureau of Justice         Published and issued on October 27, 2015