Formulated Document

Operational Regulations of Shanghai Prison Administration Bureau Inmates Psychological Correction (For Trial)

2017-07-15

  Chapter 1 General

  Rule 1In order to regulate and reinforce the work for inmates psychological rectification and further improve the quality of the reform work, as well as enhance the safety of the surveillance, hereby according to <The Prison Law of The People’s Republic Of China>、<The Mental Sanitation Law Of The People’s Republic Of China>、<Shanghai Municipal Mental Sanitation Regulation>、<Prison Education and Reform Work Rules>、<Inmates Education and Reform Frame Work> issued by The Ministry Of Justice、<The Guidance On Further Enhance Prison Psychological Rectification Work> and other relevant regulations, this regulation is made.

  Rule 2Inmates psychological rectification work refers to the professional psychological rectification personnel working in prison to utilize principle of psychology、technology and methodology to understand inmates’psychological status and help inmates adjust negative emotion, to change their unreasonable recognition, to prevent、improve and remove their psychological problems, to rectify their criminal psychology and promote inmates psychological health.

  Rule 3 The content of psychological rectification work mainly includes psychological health education、psychological assessment、psychological consultation and crisis intervention、serious mental sickness handling、psychological case and psychological file management and so on.

  Rule 4 The psychological rectification work should be carried out within the legal frame work, following the psychological principle and inmates reform rule, sticking to scientific and professional principle, with the due respect at equal status, united with the principle of objection、justification、self reliance and help others、prevention and rectification.

  Chapter 2 Organizational System and Task Responsibilities

  Rule 5Prison Administration Bureau will establish a inmates psychological rectification organizational system and network consists of department in charge of the Bureau、prison psychological health guidance office、prison officer psychological instructors and inmates inter-help groups, which will be assigned specific job and responsibility by section and by personnel.

  Rule 6 The Educational Reform Department of Prison Administration Bureau will be in charge of inmates psychological rectification work of the whole Bureau and responsible for making consistent and systematic working rules, guiding、checking and assessing the inmates psychological rectification work of each prison, rolling out psychological rectification individual case management, cooperating the training and qualification recognition for officer psychological consultation and working with The Psychological Rectification Professional Committee of Shanghai Prison Association in carrying out the work for supervising officer psychological consultant and theory research.

  Rule 7Prison should establish the standardized inmate’s psychological health guidance office in accordance with the relevant standard set by The Prison Administration Bureau of The Ministry of Justice. As the front line operational agency, the inmates’psychological health guidance office should be provided with independent full time psychological rectification officers. The number of the full time professional officers principally should not be less than 0.15% of the total number of inmates incarcerated or no less than 3 officers.

  The full time professional officer should acquire national level 2 or above psychological consultant certification or psychologist qualification certificate, as well as the vocational qualification certificate issued by The Ministry of Justice. Those officers who have psychological or medical background and dedicated to the psychological rectification job should be employed with priority.

  The main responsibility of the psychological health guidance office is to put into effect of the plan from the Bureau, outlining the prison psychological rectification work, setting working rules, establishing working formality and ensuring the system working, enhancing the individual case management, carrying out the work of training and supervising officer psychological consultants, as well as the theory research.

  Rule 8The Brigade level should have at least 1 full time (part time) officer psychological consultant to act as psychological instructor. The Brigade psychological instructor needs to have national level 3 or above psychological consultant certificate or professional psychological consultant certificate, as well as the vocational qualification certificate issued by The Ministry of Justice.

  The job of the Brigade psychological instructor is to assist the prison in carrying out the psychological rectification work, monitoring the Brigade inmates’psychological movement, timely discovering the inmates who appeared psychologically abnormal and conducting initial intervention as well as collecting relevant information.

  Rule 9Based on the necessity, the Brigade should establish inmates’psychological mutual-help personnel, normally no less than 2 people. The inmates’psychological mutual-help personnel should be physically healthy and having good inter personal communication skill and demonstrating good reform performance, as well as meeting the relevant criteria set by the Prison.

  The inmates psychological mutual-help personnel will assist the officer psychological instructor to carry out psychological health propaganda、supporting education、collecting the feedback and needs from the inmates plus timely report the inmates who appear psychologically abnormal.

  The use of inmates’psychological mutual-help personnel should strictly follow relevant regulations and rules and apply the principle of limited usage and working information confidential.

  Chapter 3 Inmates’Psychological Assessment and Evaluation

  Rule 10Inmates psychological assessment and evaluation are carried out by full-time staff using measuring instruments and clinical consultations, using observation as the basis, inmates’special traits, danger it will cause to the inmates and mental health condition. These are the integrated ways to provide judgment and evaluation.

  Rule 11 Psychological evaluation work should be done by police officers who have undergone professional training and qualified in psychological consulting qualifications or having evaluation qualifications recognized by the country.

  Rule 12 The prison for New Inmates should, at the point of their entry into the prison, be given collective scientific education and allowing them to select their own measuring instruments for their evaluation and psychological assessment so that every inmate will have a complete psychological assessment report which will then be analyzed and announced accordingly.

  Rule 13 The work of the psychological evaluation should be part of the inmates’reformation process. In order to fully understand the inmates’condition at every stage of the reformation and any changes could be noted and the effects of the evaluation are analyzed through the statistical results of the inmates who are treatment and the conditions researched upon.

  For the psychological assessment of new inmates, the main thrust is to understand the special points of their mental state, checking whether the seriousness of their mental illnesses and the danger they pose to themselves for the purpose of management and classification. The main focus during the reformation period should revolve around those with mental handicaps or depending on the research work requirements to evaluate every type of mental situation. For those inmates who are about to be release, the main focus is to provide support for them to successfully blend into the community.

  Rule 14There must be individual or group evaluation work for all new inmates undergoing detention to form collective reports and the results of the analysis shall be published for the basis of management, labor work control on individuals. Special attention should be given and precautionary measures established on those who have serious mental illnesses and are potentially dangerous. The group analysis and evaluation will show the overall situation of the inmates. This will help to ensure that the inmates will not attempt to escape, commit suicide, harm or commit any actions that will breach the safety conditions of the prison. The main thing of the evaluation is to combine the inmates’mental situation and their actual performance in a reformation environment putting their family backgrounds, personal history and any factors into consideration that may affect evaluation. Interviews and observation and measuring instruments are used to conduct evaluations to form educational suggestions of the psychological correction work.

  Rule 15The prison should follow the needs to restrict the sentence reduction of inmates; inmates of life sentences, dangerous inmates, problematic inmates, “3 involvement”inmates, “Special posts inmates”, inmates seeking consultation, inmates who are suspicious should be evaluated. Psychological evaluations should indicators and methods should selectively follow either group inmates or individual situations.

  Rule 16There is a need for prison police officers to understand the basic condition of inmates’crime committed and their personality traits.

  Chapter 4 Management of Inmates’Mental Health Case Files

  Rule 17ゞInmates Mental Health Case File〃is the truthful record of the individual inmate mental health condition. The main elements of the case file will include the basic situation, results of mental evaluations, mental health education records, consultation records, treatment records and any psychological corrective treatment.

  Rule 18For every inmate under detention should set upゞInmates Mental Health Case File〃within 1 month. For those inmates who have a remaining sentence of less than 1 year, their case files are created electronically and only when necessary to provide the proper case file documents.

  Rule 19For every inmate under detention should set upゞInmates Mental Health Case File〃within 1 month. For those inmates who have a remaining sentence of less than 1 year, their case files are created electronically and only when necessary to provide the proper case file documents.

  Rule 20During the transfer of inmates within the same province or outside the province, the mental treatment case files of the inmates should be responsibly handed over to the receiving prison for safe keeping.

  Rule 21Within 1 month of the inmates who have been released, the case files must be maintained with the prison. The link between the reformation files and the mental health case files are classified into 3 types namely permanent period, long period. and short period. The files for permanent period will be kept for more 50 years; long period will be kept from 21 to 50 years while short period files will be kept for less than 20 years. Those that belong to permanent period files will include: posing a threat to national security, unorthodox religions, and famous people, major cases where the main criminal had been sentenced to death with reprieve or life sentence or fixed term sentences of more than 15 years (inclusive). This is for checking and analyzing the trend and mindset of criminals.

  Those that belong to long period files will include those who had been given fixed term sentences of between 5 to 14 years (inclusive). Only cases that are worth analyzing for research purposes and those who are dangerous. Those who belong to this category will include stubborn inmates, inmates who do not have sentence reduction or inmates who will be detained for life.

  Those that belong to short period files will include those who had been given fixed term sentences of less than 5 years and whose cases are worth analyzing.

  Chapter 5 Inmates’Psychological Consultation, Interference and Treatment

  Rule 22For those inmates who have mental issues, psychological dangers or are mentally handicapped should be quickly interfered to provide treatment. Inmates who proactively seek psychological treatment, serious cases of mental problems and the rate of interference and the treatment of serious mental illnesses should attain 100%.

  Rule 23The full time prison police officers performing psychological correction work should use psychology theories and methods to assist and the inmates with mental problems. Psychological therapists cannot use legal or medical science to treat the inmates who have mental handicaps.

  Rule 24Psychological consultation reviews the actual situations of individual or group cases using appropriate treatment duration, place and methods. The methods used in psychological consultation includes individual or group therapy via face to face interviews, written interviews and online interviews (telephone or web interviews); short period consultation, long period consultation and limited period consultation.

  Rule 25Inmates should voluntarily come forth for psychological consultation and it is necessary to follow up on the mental condition of the inmates. The prison, upon receipt of the request by inmates for psychological consultation, should start the consultation work within 5 working days. Make use of the consultation to proactively interfere into problematic inmates. Confirm to carry out the consultation, need to focus on every case and treat them individually to find the cause and solution. The consultation work is done professionally so as to raise the quality of consultation.

  Rule 26Mental health guidance room is for the proactive handling and interference of emergency incidents in order to help and follow up with inmates and to stabilize the condition the mental condition of inmates during an outbreak. In order to overcome this difficulty and starting over to adapt to life for inmates, it is necessary to prevent further outbreak of incidents. The best and effective way is to quickly interfere and guide the inmates immediately during the occurrence of an incident.

  Rule 27There should be interference when the inmates behave in the following situations:

  (1) Display signs of possible suicide, self infliction, violent harm, execute violence, thinking of escape or have similar prior occurrences;

  (2) Serious flaws in character that may have caused regular anxieties, excessive worries, depression or even conditions exhibiting psychological distress;

  (3) Serious family changes that affected mental imbalance;

  (4) Those that are punished for resisting reformation and seriously violating the rules and regulations and losing control of themselves;

  (5) Those that cannot adapt to reformation life and are lacking the ability to interact with others and or are having constant conflicts with other inmates;

  (6) Those that are suspected to be suffering from mental problems or other mental sicknesses.

  Rule 28Regarding inmates who have serious mental problems can be intercepted by using police therapists who are psychological correction experts or invite the assistance of professionals. Face to face meeting with the inmates, telephone interview, family and family can be used to intercept those who are having serious mental issues.

  Rule 29The prison should have a process of ensuring good mental health and dividing the inmates into various grades of danger and treatment accordingly.

  Rule 30During the process of the psychological correction treatment, some inmates who have serious mental handicaps may be found and the psychological correction center should adopt preventive measures to control and quickly activate the treatment or validation according to actual situations in order to implement proper treatment, prevention as well as follow up related works. Psychological treatment should examine the inmates’mental handicap from the start providing specialized treatment with the cooperation of the prison.

  Rule 31The prison should strengthen the function of the psychological corrective work center and the related facilities using a standard system for experience. According to the needs of the inmates and the mental corrective needs, the usage of the medical center should be maximizes in order to raise the standard.

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  Rule 32The prison should produce aggregated number of typical cases yearly to establish a data bank for research work.

  Rule 33The 2 levels of Shanghai Prison Administration Bureau and the prison concerned should provide follow up on individual cases of psychological correction for treatment, guidance and evaluation to establish a system of evaluating psychological corrective work effectiveness and actively conducting research to exploring effective programs for treatment.

  Chapter 6 Building a Professional Psychological Corrective Team

  Rule 34The prison should bring in professional talent and plan to train the police officers conducting evaluation to select and develop a team of professional therapist for the psychological corrective work.

  Every prison should be equipped with qualified police therapists for frontline work and it is targeted to form more than 10% of the prison police force with at least 1 leading member of the team to possess professional qualifications recognized by the country.

  Rule 35The prison should strengthen the quality of the training for police therapists in order to certify the therapists as well as to provide continuing education to upgrade the skills of the police officers who are performing full-time and part-time psychological corrective work.

  Rule 36The Shanghai Prison Administration Bureau will conduct guidance and supervision for every full-time therapist of the prison every 2 years while the prison will conduct on a yearly basis for both full time and part time therapists.

  Rule 37the format of the mental health guidance is divided into peer, experts’and administrative supervision.

  (1) Peer Supervision. The prison full-time and part-time therapist will conduct a peer review and supervision and this will be raised by the individual therapist themselves. Full-time police officers responsible for the guidance and reviewing of the individual cases can apply to become expert supervising guide.

  (2) Supervision by experts. This will include experts’supervision from Shanghai Prison Administration Bureau and the prison. Shanghai Prison Administration Bureau experts’supervision will be made up of the prisons’education reformation department once in every 2 years. The prison experts’supervision will be made up of experts invited by the prison mental health center twice yearly.

  (3) Administrative supervision. Concerning sudden outbreak of individual cease or emergency consultation or specialized diagnosis on suspected cases, the prison should report to Shanghai Prison Administration Bureau to seek help professional experts’help, direction and follow up work.

  Rule 38 The contents of the psychological supervision will include medical consultation, site supervision, checking on the theoretical work, mental development and other specialized learning topics.

  Rule 39The prison psychological corrective work individualized education should be the central focal point of the prison mental corrective work so as to promote general psychological knowledge, giving accurate evaluation, conducting consultative work for each individual case and to explore effective ways, paying attention to self learning, strengthening theoretical research and raising standards to provide overall stability.

  Rule 40The psychological corrective work is the most important thing that the Bureau wants to master and this will be constantly supervised. The Bureau will also acquire professional knowledge, solve queries and answer the research related questions so as to make use of this effectively and innovatively and to conduct exchanges with external medical organizations, raising the professionalism and standardization.

  Chapter 7 Work Assurance

  Rule 41The prison should follow Shanghai Prison Administration Bureau Center for Mental Health guidance standardized the requirements to position set up the medical centers, equipment and professional facilities in order to organize the psychological correction work.

  Rule 42The prison should ensure that the fees of the psychological corrective works and psychological treatment be considered as part of the reformation expenditure, related professional equipment, facilities, instruments and the work space and treatment of other mental illnesses be considered as part of the prison’s administrative costs.

  Rule 43The assessment of the psychological corrective works should be strengthened. The Shanghai Prison Administration Bureau will conduct evaluation and supervise the psychological corrective works to ensure that their goals are achieved. The prison should also evaluate the works of the psychological correction, assessing the system, strengthening the checks on the content details of psychological correction, providing rewards and punishment; increase the supervision to ensure effectiveness.

  Rule 44Psychological corrective works should rectify every individual’s psychological problems and also link through effective interaction, facilitate every function to achieve corrective changes.

  Rule 45The prison should use the resources of the community to carry out the mental correction work and also link through effective interaction, facilitate every function to achieve corrective changes.

  Chapter 8 Supplementary Articles

  Rule 46 (Rights of interpretation)The interpretation of this regulation is the responsibility of the Shanghai Prison Administration Bureau.

  Rule 47 (Effective period)The effective period of this regulation is 2 years, from 2015 November 1st to 2017 October 31st. The original ゞThe Opinions Concerning Further Regulating Inmates’Psychological Measurement〃(Shanghai Prison Department Educational Reform _2010ヽNo.1)that was implemented on 2006 February 15th,ゞThe Guiding Opinions Concerning the Work of Strengthening the Psychological Rectification for Inmates〃that was implemented on 2006 October 27th (Shanghai Prison Department Educational Reform _2006ヽNo.21)andゞThe Method of Managing Inmates’Psychological Record〃Shanghai Prison Department Educational Reform _2008ヽNo.4) are hereby repealed.