First, the steps of community correction pilot work
(1) In the preparatory stage (June 5438+10-May, 2004), according to the requirements of superiors, the preparatory work such as the arrangement of community correction objects, the formation of organizations, the formulation of implementation plans and necessary publicity activities was completed.
(two) the initial stage (June-July) to establish district, town (township, street) community correction organizations; Promulgate the implementation opinions and plans of community correction work in our district; Convene mobilization meeting and handover ceremony; Organize the full-time community correction staff of the judicial office to visit and study in the pilot areas of other provinces (cities); The staff of the working group and the prison police stationed in the prison are all in place.
(3) Establish and improve working procedures and various working systems in the full implementation stage (August-1 1); Guide and urge all towns (townships, streets) in the region to abide by relevant working procedures and systems, coordinate and solve difficulties and problems encountered in the pilot work, ensure the smooth progress of the pilot work, and improve the quality of work.
(four) summary and improvement stage (65438+February) to summarize the development of community correction work in the previous stage; Analyze the difficulties and problems in specific work; Reveal the effective methods and ways of community correction work, and provide successful experiences and practices for the smooth progress of community correction work in the province.
Second, the basic process of community correction work
(A) the convergence of community corrections
1. The District Public Security Bureau will promptly hand over the copies of relevant legal documents and supervision and inspection files of the existing community correction objects to the District Judicial Bureau, which will serve them on the relevant judicial offices. After receiving the above-mentioned legal documents, the judicial office shall establish the supervision, management and inspection files of community correction objects in time.
2. After the people's court has sentenced the criminal defendant who constitutes a crime to public surveillance, deprivation of political rights alone or criminal detention, and suspended imprisonment of not more than three years, it shall promptly deliver a copy of the effective judgment (ruling) and the notice of execution to the county-level public security, judicial administrative organs and people's procuratorates at the place where it is executed.
3. If the people's court decides to temporarily execute a criminal defendant sentenced to life imprisonment, fixed-term imprisonment or criminal detention outside prison, it shall promptly deliver the notice of execution, the decision of temporary execution outside prison, a copy of the effective judgment (ruling) and the closing registration form to the county-level public security, judicial administrative organs and the people's procuratorate at the place where the execution is performed. After the conditions for temporary execution outside prison disappear, if the term of life imprisonment or fixed-term imprisonment is more than 1 year, the public security organ will hand over the criminal to the prison management organ for execution; If the remaining term of imprisonment is less than 1 year, it shall be handed over to the detention center for execution.
4. After the people's court makes a ruling on parole for a prisoner in custody, it shall promptly send a copy of the ruling to the prison management organ or public security organ applying for parole; When the prison or detention center of the public security organ where the prisoner is located handles the release formalities, it shall promptly submit the legal documents (or photocopies and photocopies) of the original judgment, the notice of execution (or photocopies and photocopies), the copy of the parole ruling and the identification form of the prisoner's exit from prison (institute) to the county public security organ, judicial administrative organ and people's procuratorate at the place of execution.
5. After the prison management organ or the public security organ approves the temporary execution outside prison, it shall deliver the Approval Form for Temporary Execution outside prison in quadruplicate to the prison or the detention center of the public security organ 5 days ago; When the unit where the criminal works goes through the formalities of leaving the prison (institute), the legal documents (or photocopies and photocopies) of the original judgment, the notice of execution (or photocopies and photocopies), a copy of the approval form for leaving the prison (institute) and the identity certificate of the criminal leaving the prison (institute) shall be sent to the county-level public security organ, judicial administrative organ and people's procuratorate at the place of execution in time.
6. The public security organs' prisons and detention centers shall, at the same time of handling the release procedures, promptly hand over the legal documents (or photocopies) of the original judgment and the identity certificate of the criminals leaving the prison (institute) to the county-level public security organs, judicial administrative organs and people's procuratorates at the place of execution.
7, the above provisions involving prisons and other higher authorities, in accordance with the provisions of the higher community correction work committee.
8. The District Judicial Bureau and the District Public Security Bureau shall forward the legal documents and enforcement notices of the relevant community correction objects of the people's courts, prison management organs and public security organs' detention centers to the relevant judicial offices and public security police stations within 3 days.
9. When the community correction object gives feedback to the community, the staff of the judicial office and the police of the public security police station shall immediately talk and educate the community correction object and invite their families to participate. At the same time, inform the community correction object of the relevant regulations that must be observed during the community correction period.
10. The supervision and management of community correction objects whose registered residence is inconsistent with their long-term residence shall be handled in accordance with the Regulations on the Supervision and Management of Community Correction Objects with Separate Households.
(B) the implementation of community correction
1. The judicial office shall establish files on the personal basic situation, crimes and punishments committed, transformation performance, family members and social relations of the community correction objects, and formulate corresponding correction plans in conjunction with the police station according to their characteristics, establish supervision and inspection teams, and implement daily supervision and inspection measures.
2, the judicial office shall promptly sign a supervision and management agreement with the immediate family members of the community correction object with the ability of supervision and management, and clarify its daily supervision and management and education responsibilities for the community correction object. If the community correction object has no immediate family members, it may sign a supervision agreement with its unit, village (neighborhood) committee or close relatives who are willing to undertake the responsibility of supervision and education.
3. The judicial office should organize, supervise and inspect the community correction objects' participation in social welfare work in line with the principles of the public, the interests of the community correction objects, operability and convenience for supervision and inspection, and formulate the community work plan "Work Plan for the Implementation Plan of Community Correction Pilot Work". Community correction object to participate in social welfare labor time, a total of not less than 2 working days per month.
4, the judicial office shall, in accordance with the principle of combining centralized education with individual education, focusing on individual education, regularly arrange and organize community correction objects to participate in various forms of learning and education activities, make full use of social resources, cooperate with and participate in educational activities for community correction objects. The contents of learning and education activities include laws, regulations, policies, ethics, codes of conduct, current affairs, etc. The concentrated study and education time of community correction objects is not less than 1 time per month, and each time is not less than 2 hours. Towns (townships, streets) shall provide necessary places and facilities for study and education. The office of the district community correction work committee may, according to the needs, organize the centralized study and education activities of the community correction objects in the district as a unit.
5. The judicial office may, according to the needs and possibilities of the correction work, organize relevant personnel to carry out psychological correction and other activities for the community correction objects. According to the criminal reasons, psychological types and rational performance of community correction objects, psychological correction programs are formulated, psychological counseling and guidance are given to them, and their bad psychology and behavior are corrected.
6, in line with the probation conditions of juvenile community correction object, the education department should choose the corresponding school to arrange its probation.
7. The judicial office shall, jointly with the public security police station, conduct an assessment every quarter and an annual comprehensive assessment every year according to the daily performance, law-abiding, participation in study and education, and participation in labor reform of the community correction objects. Relevant information shall be filled in the "Annual (Quarterly) Assessment Form for Community Correction Objects" and stored in the correction files of community correction objects.
8, the judicial office shall, according to the transformation performance of community correction objects during the period of accepting community correction, in accordance with the provisions of the "Zhejiang Province community correction object reward and punishment assessment methods", the implementation of rewards and punishments for community correction objects.
(C) termination of community correction
1. within 30 days before the expiration of the correction period of the community correction object, the judicial office shall guide it to complete self-identification, and hold a forum with community correction staff, community correction volunteers, community correction objects and other relevant personnel in conjunction with the police station to evaluate the community correction situation of the community correction object, make an appraisal according to the evaluation results, and report the appraisal results to the District Judicial Bureau and the Public Security Bureau. Among them, the district public security bureau shall notify the original prison and detention center of the community correction objects that have been temporarily executed outside prison and whose correction period expires after being sentenced to parole.
2. When the community correction object expires, the judicial office shall, jointly with the police station, announce the termination of community correction to the community correction object himself and the people in his place of residence. The certificate of expiration of probation period for probation, the certificate of expiration of probation period for parole, the certificate of restoration of political rights, and the notice of deregistration of a person who is declared on probation, parole, control or deprived of political rights shall be issued by the local public security organ. After the expiration of the community correction object for medical parole, it shall go through the release formalities at the prison or detention center where it was originally taken.
3. If the community correction object temporarily executed outside prison needs to be put into prison for execution, the judicial office shall put forward opinions jointly with the police station, and after being audited by the office of the District Community Correction Working Committee, it shall be sent to the District Public Security Bureau for audit. Among them, those who are released on medical parole shall be notified by the District Public Security Bureau to be put into prison or executed by the detention center; If it is temporarily executed outside prison for other reasons, the district public security bureau shall submit it to the people's court of the place where the community correction object resides for a decision to put it in prison for execution. At the same time, the relevant materials such as the review, audit opinions, community correction object evaluation form, etc. will be copied to the people's courts, people's procuratorates, prison management organs, public security organs and former prisons and detention centers that have made decisions on temporary execution outside prison.
4. According to the law and relevant regulations, the object of community correction who has been put into prison for execution or committed another crime during the period of community correction will naturally terminate the community correction from the date of admission.
Third, the community correction system
(a) regular meeting system district, town (township, street) community correction organizations should hold a regular meeting at least once every six months to convey the spirit of the instructions of the higher-level community correction work, study and formulate the planning and implementation plan of the local community correction work, listen to the work reports of relevant departments, exchange work information, coordinate relevant departments to carry out their work, and study and solve major problems encountered in the pilot work.
(II) Reporting system for instructions District, town (township, street) community correction organizations shall establish a reporting system for instructions, strengthen organizational concepts, report major issues in the work step by step in a timely manner, and shall not conceal them, and report at the same time when handling emergencies. At the same time, the experience, practices, important activities and typical cases of community correction work in this area should also be submitted in time step by step.
(III) Recording Statistics System The judicial office shall record the objects of community correction one by one. The crime situation, transformation performance, family members, social relations, education level, participation in public welfare labor, inspection and appraisal of the community correction object should be recorded in the file. The district judicial bureau and the judicial office shall establish a statistical reporting system for community correction work. Statistical statements and statistical data analysis shall be true and accurate, and shall not refuse to report, falsely report, fail to report, falsely report or conceal.
(IV) Training System District, town (township, street) community correction organizations shall establish a learning and training system for community correction workers, and take various forms to provide professional training for professional community correction workers and social volunteers to ensure the quality of community correction work.
(V) Supervision and Inspection System The People's Procuratorate shall supervise the judicial administrative organs and public security organs in implementing community correction. The people's procuratorate may consult the archives and materials of community correction work with the above-mentioned organs. You can learn about the work of community correction from the above-mentioned institutions and talk to the objects of community correction. The judicial administrative organs and public security organs shall cooperate with the supervision of the people's procuratorates. If the people's procuratorate finds that the community correction object needs to be put into prison for execution, it may make procuratorial suggestions to the district public security organ, or to the people's court where the original prison, detention center or community correction object is registered. While the people's procuratorate supervises the community correction work according to law, the community correction organization should further strengthen its own construction and establish and improve the internal supervision and inspection system. We should actively accept the supervision of the discipline inspection and supervision departments and the supervision and inspection of the community correction organizations at higher levels, conscientiously accept the supervision of the masses and the society through the establishment of report boxes and complaint telephones, promptly correct the problems arising in the community correction work, promptly investigate and deal with cases of violations of law and discipline in the process of community correction, and ensure fair and just law enforcement.
(VI) The reward and punishment assessment system will incorporate the community correction work into the comprehensive assessment of social security of towns (townships, streets) and departments by the district government, and timely commend the advanced deeds emerging in the work.