Issues concerning the Isolated Compulsory Drug Rehabilitation of Personnel under the Age of 16

 2018-08-10  3


· Document Number:No. 1 [2014] of the Ministry of Public Security

· Area of Law: Public Security Civil Law

· Level of Authority: Departmental Regulatory Documents

· Date issued:01-08-2014

· Effective Date:01-08-2014

· Issuing Authority: Ministry of Public Security

· Status: Effective

 

Official Reply of the Ministry of Public Security on Issues concerning the Isolated Compulsory Drug Rehabilitation of Personnel under the Age of 16
(No. 1 [2014] of the Ministry of Public Security)
The Public Security Department of Guangdong Province:
Your Request for Instructions on Issues concerning Receiving and Treating Minors under the Age of 16 Who are Subject to Isolated Compulsory Drug Rehabilitation (No. 323 [2013] of the Public Security Department of Guangdong Province) has been received. The following reply is hereby made:
It is provided for in Article 39 of the Narcotics Control Law that “Drug-addicted minors under the age of 16 are not appropriate for isolated compulsory drug rehabilitation.” In order to facilitate the healthy growth of minors, where the case-handling department of a public security organ captures a drug addict under the age of 16 and confirms that he or she has serious addiction, the case-handling department shall investigate the school in which the drug addict attends, the performance of guardianship and education responsibilities of his or her guardian, and whether he or she has any past illegal history of crime. Where the drug addict has normal study in school and his or her guardian performs guardianship responsibilities well, the case-handling department shall report to the public security organ at or above the county level for making a decision on community drug rehabilitation and order the guardian to take the drug addict back and offer him or her strict control and education; where the drug addict has dropped out of school for more than one year and his or her guardian refuses to perform guardianship responsibilities, or the drug addict has any illegal history of crime, the case-handling department shall report to the public security organ at or above the county level for making a decision on isolated compulsory drug rehabilitation. Where after admitting a minor under the age of 16 who are subject to isolated compulsory drug rehabilitation, the isolated compulsory drug rehabilitation center finds that the minor has normal study in school or his or her guardian performs guardianship responsibilities well, the isolated compulsory drug rehabilitation center shall bring forward an opinion on altering isolated compulsory drug rehabilitation to community drug rehabilitation to the original decision-making authority. The original decision-making authority shall, within seven days, make a decision on whether approving the alteration or not.
All provinces, autonomous regions, and municipalities directly under the Central Government shall designate isolated compulsory drug rehabilitation centers to admit minors under the age of 16 who are subject to isolated compulsory drug rehabilitation in a centralized manner. The designated isolated compulsory drug rehabilitation centers shall, according to the physiological and psychological characteristics of minors, adopt corresponding management and education methods, provide necessary living and sanitation guarantee, and effectively help minors who are subject to isolated compulsory drug rehabilitation to abandon drug addition and return to the society.
January 8, 2014