Formulated Document

Shanghai Prison Administration Bureau Individual Education Working Regulations

2017-03-22

Chapter 1 General Principles

  Rule 1 (Objectives and Basis) This regulation is hereby established in accordance withゞThe Prison Law of the Republic of China〃, ゞThe Working Regulations of Prison Educational Reform〃(The Statute No.79 of the Justice Department), and in combination with the practicality of Shanghai Prisons, to further strengthen the pertinence and effectiveness of individual education, improve the quality of education reform.

  Rule 2 (Definition and Effect) Individual education refers to mode of education and educational activities carried out by the prison police officers pertaining to the inmates’actual situations purposefully and designedly, with the objective of effectuating inmates to acknowledge and repent for their crimes, adhere to rules and regulations, accept education seriously, working enthusiastically, and endeavor to transform inmates to become law abiding citizens, through individual education and other reform measures.

  Rule 3 (Working Principles) Individual education should insist on the combination of the legal system education and the moral education, on the combination of convincing people by reasoning and by sensibility, on the combination of exhortation with regulations and guidance with behavior, on the combination of pertinence of contents and the flexibility of style, and on the combination of resolving ideological problems and resolving practical problems.

  Rule 4 (Requirements of Work) Individual education is the basic job responsibility and content of work of the prison police officers. The prison should make arrangement for the police officers to carry out pertinent individual education for every inmate base on his specific condition, and to carry out intensive rectification for stubborn, dangerous inmates. The effectiveness of individual education is an important basis for reviewing the operational capability and work achievement of police officers.

  Chapter 2 The Basic Work of Individual Education

  Rule 5 (Individual Conversation) The Police officer in charge should arrange for at least one individual conversation per month with inmates of his district of responsibility, and at least two individual conversations per month with stubborn and dangerous inmates. Warden and Brigade Commanders should carry out individual conversation frequently.

  Circumstances of conversation should be recorded. Normal record kept for normal conversations and special record kept for conversations with stubborn and dangerous inmates.

  Police officer should carry out individual educational conversation with inmates with one of the following “10 requisite conversations”

  (1) Newly arriving inmates, or when there is a change of prison or brigade;

  (2) when there is a change of treatment grade or a change of labor post;

  (3) when inmates receive rewards or punishments;

  (4) when there is a conflict or clash among inmates;\

  (5) before and after inmates leave prison to visit their relatives, or when there is accident occurring to their families;

  (6) when inmates have no visitors or have not been in contact with their relatives for a long period of time;

  (7) when they behave abnormally, or show signs of emotional abnormality;

  (8) when inmates initiate a request for conversation;

  (9) before execution of sentence outside prison, parole or due to be released on completion of sentence;

  (10) other circumstances requiring individual conversation.

  While carrying out “10 requisite conversations”, it is necessary to pay attention to link the conversation with inmates’affection analysis meeting. Once the analysis shows targets requiring intensive attention, conversational education measure should be carried out in a timely manner.

  Rule 6 (Inmates’Weekly Report) Theprison should organize inmates to write weekly report. Illiterate inmates can dictate and let others write on his behalf. Police officers should, under normal circumstances, complete the reading of inmates’reports written the week earlier before every Wednesday, and to write down pertinent comment base on inmates’individual circumstances to fully exert the effect of conversational education in writing.

  The contents of inmates’weekly report should include matters such as individual reform condition, reflect their individual mental development, and put forward suggestions or seeking directional help, etc.

  Rule 7 (Handling Situations) Police officers should promptly deal with the situations or matters in accordance with the regulations and report the situation in a timely manner within the limits of their power whenever they come across situations or matters of serious consequences in the process of individual conversational education or reading the weekly report.

  Rule 8 (“4 Awareness”) Police officers should be familiar with the basic conditions, mental development, psychological characteristics and reform performance of the individual inmates within their area of responsibility, to be able to achieve “4 awareness”.

  Rule 9 (Individual Case Analysis) the prison should encourage police officers to carry out individual case analysis for inmates, compile individual case analysis materials enthusiastically and use that as an instruction and basis of establishing individual rectification.

  For stubborn and dangerous inmates, police officers who are responsible should compile individual case analysis material and work out a detailed educational rectification plan. For inmates who are pointed out as highly dangerous, as those with higher degree of difficulty in reforming, and with psychological health problem by theゞinmates’individual rectification pamphlet〃,the police officers should establish educational rectification plan person by person, and have to ascertain key points in educational rectification program and in their related work.

  While compiling individual case analysis materials, the police officers should investigate and understand individual inmates’criminal circumstances, cause of crime, mental problems, family and main social relationships, etc. and combine these with materials including psychological test, degree of danger evaluation, acknowledgement and repentance of crime evaluation, to analyze individual inmates’mentality, psychological and behavioral characteristics, and to put forward a strategy of individual rectification plan and rectification measure in phases.

  Prison should carry out inmates case analysis material appraisal and comparison once a year.

  Rule 10 (Typical Cases) Typical cases refer to the successful or unsuccessful precedents that carry a representative and demonstrative content in the process of prison’s educational rectification for inmates. The prisons should strengthen the collection and accumulation of typical cases, establish cases data record, and exert the educational, referential, and instructional influence of typical cases.

  The prisons should submit reports of educational rectification work for individual cases of stubborn and dangerous inmates every year according to requirements.

  Rule 11 (Determination of Stubborn and Dangerous Inmates) Stubborn inmates refer to inmates who persist in their criminal ideology and standpoint, who harbor an emotion of antisocial consciousness, and of anti reformation for a long period of time, and those who are reiterative in their reform process. Inmates who possess one of the followings are deemed to be stubborn:

  (1) refuse to acknowledge their crimes, and appeal relentlessly without reason;

  (2) suppress those who are ahead and gang up the laggards, and disseminate anti-reform speech frequently;

  (3) repeatedly violate rules and regulations, involve in fights frequently, and resist management and education;

  (4) evade education and labor without proper reason;

  (5) other factors that warrant them to be recognized as stubborn inmates.

  Dangerous inmates refer to inmates who are deemed dangerous in their behavior either factually or latently because of some special reasons. Inmates who possess one of the followings are deemed to be dangerous:

  (1) possess the danger of causing self-inflicted injury or suicide;

  (2) possess criminal tendencies such as escape, violent acts, and causing destruction;

  (3) possess grave suspicion for committing crimes;

  (4) hiding real name or identity;

  (5) other factors that warrant them to be recognized as dangerous inmates

  Rule 12 (Rectification Procedures for Stubborn and Dangerous Inmates) It is necessary to set up the procedure of “establishment, management, education, transformation, evaluation, and removal”for stubborn and dangerous inmates.

  The proposal of ascertaining and repealing of stubborn and dangerous inmates should be determined by group discussion at the brigade level, submitted to the prison education reform and prison administration departments for evaluation, and be examined and approved by deputy warden who is also in charge of prison administration.

  Prison administration department is responsible for carrying out management and control measures; education reform department is responsible for education, transformation and evaluation work. After educational reform, stubborn and dangerous inmates who no longer possess the conditions listed under rule 11 shall be deemed to have been transformed. The annual transformation rate of stubborn inmates should be above 60%; as for dangerous inmates, great effort should be made to eliminate danger.

  The prison should organize the examination of the cognizance of stubborn and dangerous inmates once every half year, and carry out a general appraisal and evaluation of the transformation situation once every quarter.

  Rule 13 (Invite Public Tender for Rectification of Stubborn and Dangerous Inmates) It is necessary to assign a person especially for the rectification of stubborn and dangerous inmates. It can be achieved by sub-contracting the work through open tender to ascertain the police officer responsible for the job.

  Open tender is generally organized by the brigade, and personnel from functional departments such as prison education reform department etc. to form an evaluation committee, to carry out the evaluation of the rectification plan submitted by contesting police officers. Depending on the need of transformation work, the tender for individual stubborn and dangerous inmates can also be organized by the prison, and transcend the prison or brigade to introduce social resources.

  Rule 14 (Joint Consultation for Stubborn and Dangerous Inmates) It is necessary to carry out group consultation for the rectification of stubborn and dangerous inmates, and to exert collective strength to analyze the individual situations, investigate rectification countermeasure, and to improve effectiveness.

  Group consultation is generally organized by the brigade and carried out once every quarter. It may also be carried out according to the needs of the rectification plan. When required, the prison can organize group consultation and invite relevant specialists and personnel to participate.

  Rule 15 (Transformation Record File for Stubborn and Dangerous Inmates) It is necessary to establish a transformation record file for stubborn and dangerous inmates, and carry out systematic and thorough analytical study pertaining to their characteristics such as their behavior, their character, and their psychology, etc. to realistically master the actual mental developments, and to ascertain the correct direction of how the rectification work is to be carried out, through the application of various measures including help by persuasion and example, reasoning, and by solving actual problems to facilitate their transformation.

  Rule 16 (Ancillary Measures of Education) Individual education can be closely combined with some ancillary measures of education to transform inmates, for examples, behavioral instruction, psychological guidance, cultural influence, relatives help and education, and teaching of knowledge and skill, to solidify the develop the effectiveness of individual education.

  CHAPTER 3 The Management of Individual Education

  Rule 17 (Area of Responsibility for Individual Education) The prison should establish the area of responsibility for individual education to ascertain the police officers responsible and the targets responsible for, to ensure that the individual education is established for every inmate. Whenever there is a transfer of police officers or a change of inmates, the area of responsibility for individual education should be adjusted promptly.

  Targets of the area of responsibility include general targets of responsibility, specific targets of responsibility, and targets of responsibility by tender. General targets of responsibility refer to the targets that belong to the scope of management responsibility of the police officers. Specific targets of responsibility refer to the targets appointed specifically by the superior departments. The targets of responsibility by tender refer to the stubborn and dangerous inmates for whom the sub-contracting responsibility has been obtained through tender.

  The demarcation of the area of responsibility is based on the brigade and cell-room. The police officer in charge takes cell-room he manages as individual educational area of responsibility. The brigade commander (including deputy position) takes brigade as individual educational area of responsibility. The targets of responsibility are the stubborn and dangerous inmates and inmates who are assigned special posts, etc.

  Rule 18 (Individual Education Experts) Individual education experts refer to those police officers who are able to apply various rectification methods and ancillary measures to carry out pertinent and individualistic education and rectification that are peculiar to the cause of crimes committed by offenders, as well as peculiar to personal dangerous factor, and achieve distinctive results.

  Police officers with stronger sense of working responsibility, have more experience in individual education, and have shown distinctive results in individual educational work can be evaluated as individual education experts. Individual education experts can be classified as experts at the prison level and the chief bureau individual education expert. The method of evaluation is specifically prescribed by theゞShanghai Prison Administration Bureau Methods of Rewards for the Evaluation Individual Education Expert〃.

  Individual education expert should participate actively in the work at brigade, prison and bureau levels and above, which involve individual educational job training, stubborn and dangerous inmates’open tender, individual case analysis, group consultation, exchange of experience, seminar and appraisal through comparison, etc. to fully exert the effects of demonstration, direction and leadership.

  Rule 19 (On-the-Job Training) the prison should organize activities such as individual educational work study and exchange seminars, emulation and training, etc. to strengthen the training of individual education for the police officers, to study the discipline of individual education, and to improve the quality of individual education.

  Rule 20 (Examination of Evaluation) The conditions of development of individual education should be included as part of the annual objective evaluation of the prison administration bureau and the prison. The prison administration bureau should supervise and evaluate the progress of individual education in the prison every year; the prison should examine and evaluate the progress of individual education in the brigade every quarter; and the brigade should examine and evaluate the progress of individual educational work of the police officers once every month.

  Chapter 4 Supplementary Articles

  Rule 21 (Rights of interpretation) The interpretation of this regulation is the responsibility of the Shanghai Prison Administration Bureau.

  Rule 22 (Effective period) The effective period of this regulation is 5 years, from 2014 June 1st to 2019 May 31st. The original ゞShanghai Prison Administration Bureau Individual Education Working Regulations 〃that was implemented on 2006 October 16th (Shanghai Prison Department Educational Reform _2006ヽNo.20)is hereby repealed.