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1.It is administered in accordance with the Drug Treatment Ordinance. According to Article 30:
Compulsory isolation centers for drug rehabilitation shall implement separate management of persons in compulsory isolation for drug rehabilitation according to their gender, age, illness, etc.; Necessary measures shall be taken against the use of different types of drugs; According to the different stages of drug rehabilitation and the performance of compulsory isolation drug rehabilitation personnel, the implementation of gradual adaptation to social hierarchical management.
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Legal analysis: The compulsory drug rehabilitation center is a place where the public security organs carry out physiological detoxification, psychological correction, moderate labor, physical education, and legal and moral education for drug addicts who have taken or injected drugs within a certain period of time through administrative compulsory measures in accordance with the law.
Legal basis: Measures for the Administration of Compulsory Drug Rehabilitation Centers
Article 1 In order to strengthen and standardize the management of compulsory drug rehabilitation centers and ensure the smooth progress of compulsory drug rehabilitation, these measures are formulated in accordance with the "Measures for Compulsory Drug Rehabilitation" and relevant regulations.
Article 3 Compulsory drug rehabilitation centers shall adhere to the principle of combining drug rehabilitation with education, follow the principles of lawful, strict, scientific, and civilized management, and achieve standardized management, hospitalization, school-based education, labor-oriented, and environmental gardening.
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The law is divided into holes and analysis: Compulsory drug rehabilitation centers need to carry out targeted physical, psychological and physical training for drug addicts, and can organize drug addicts to participate in necessary production and labor, pay labor remuneration, and provide them with vocational skills training.
Legal basis: Anti-drug Law of the People's Republic of China
Article 43 Compulsory isolation centers for drug rehabilitation shall conduct targeted physical, psychological and physical training for drug addicts according to the types of drugs they have taken or injected and the degree of addiction.
According to the needs of drug rehabilitation, compulsory isolation centers for drug rehabilitation may organize drug addicts to participate in necessary production and labor, and provide vocational skills training for drug addicts. Those who organize drug rehabilitation personnel to participate in production and labor shall be paid the remuneration of the spring movement.
Article 46 The relatives of persons receiving treatment of drug addiction and the staff of their units or schools may visit persons receiving treatment of drug addiction in accordance with relevant regulations. With the approval of the compulsory isolation drug rehabilitation center, drug addicts may go out to visit their spouses and immediate family members.
The managers of the compulsory isolation centers for drug rehabilitation shall inspect the articles and mail handed over to the persons for drug rehabilitation by persons outside the compulsory isolation centers for drug rehabilitation, so as to prevent the entrainment of drugs. When inspecting the mail, the freedom and confidentiality of communication of persons receiving treatment of drug addiction shall be protected in accordance with the law.
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Compulsory isolation centers for drug rehabilitation shall manage drug addicts separately according to their gender, age, illness, and other conditions. According to Article 44 of the "Anti-Narcotics Law of the People's Republic of China", compulsory isolation centers for drug rehabilitation shall implement separate management of drug rehabilitation personnel according to their gender, age, illness, etc.
Compulsory isolation centers for drug rehabilitation shall provide necessary care and ** to persons receiving drug treatment with serious disabilities or diseases; For persons undergoing drug rehabilitation with infectious diseases, necessary isolation and ** measures shall be taken in accordance with the law; Protective restraint measures may be taken for persons receiving drug treatment who may injure themselves or harm themselves.
Managers of compulsory isolation centers for drug rehabilitation shall not physically punish, abuse or insult persons receiving treatment of drug addiction.
Legal basis. Article 44 of the Anti-Narcotics Law of the People's Republic of China Compulsory isolation centers for drug rehabilitation shall be managed separately according to the gender, age, illness and other circumstances of the persons receiving treatment of drug addiction.
Compulsory isolation centers for drug rehabilitation shall provide mandatory care and ** to drug rehabilitation persons with serious disabilities or diseases; For persons undergoing drug rehabilitation with infectious diseases, necessary isolation and ** measures shall be taken in accordance with the law; For drug addicts who may have self-injury, self-harm, and other situations, corresponding protective measures may be taken to restrain them.
Managers of compulsory isolation centers for drug rehabilitation shall not physically punish, abuse or insult persons receiving treatment of drug addiction.
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Not all people who become addicted to drugs have to go to a drug rehabilitation center. There are three ways to quit detoxification, 1. Self-detoxification. 2. Community drug rehabilitation.
3. Compulsory isolation for drug rehabilitation. Article 38 of the "Anti-drug Law" stipulates that if a drug addict has any of the following circumstances, the people's public security organs at or above the county level shall make a decision on compulsory isolation for drug rehabilitation
1) Refusal to accept community drug rehabilitation; (2) ingesting or injecting drugs during the period of community drug rehabilitation; (3) Seriously violating community drug treatment agreements; (4) Ingesting or injecting drugs again after undergoing community drug rehabilitation or compulsory isolation for drug rehabilitation. For those who are seriously addicted to drugs and find it difficult to get rid of them through community drug rehabilitation, the public security organs may directly make a decision on compulsory isolation for drug rehabilitation. Drug addicts who voluntarily accept compulsory isolation for drug rehabilitation may enter a compulsory isolation drug rehabilitation facility for drug rehabilitation with the consent of the public security organs.
5. Restrictions on compulsory drug rehabilitation: Pregnant women and minors should not be isolated in drug rehabilitation centers. Article 39 of the Anti-Narcotics Law stipulates that if a woman who is pregnant or breastfeeding her infant under the age of one becomes addicted to drugs, compulsory isolation for drug rehabilitation shall not apply.
Minors under the age of 16 who are addicted to drugs may not be subject to compulsory isolation for drug rehabilitation. For drug addicts who are not subject to compulsory isolation for drug rehabilitation in accordance with the provisions of the preceding paragraph, community drug treatment shall be carried out in accordance with the provisions of this Law, and the city neighborhood offices and township people who are responsible for community drug treatment shall strengthen assistance, education and supervision, and supervise the implementation of community drug treatment measures. 6. Quarantine Period for Persons Receiving Compulsory Drug Rehabilitation: The period of compulsory isolation for drug rehabilitation is two years.
The reduction or extension of the duration of drug rehabilitation is determined by a doctor's diagnosis, not by the judicial authorities. One year after the implementation of compulsory isolation for drug rehabilitation, after diagnosis and assessment, the compulsory isolation center may submit an opinion on the early release of compulsory isolation for drug rehabilitation for drug rehabilitation for persons who are in good condition for drug rehabilitation, and report to the decision-making organ for compulsory isolation for drug rehabilitation. Before the expiration of the period of compulsory isolation for drug rehabilitation, after diagnosis and assessment, for the persons receiving drug rehabilitation who need to extend the period of drug rehabilitation, the compulsory isolation center for drug rehabilitation shall submit an opinion on extending the period of drug rehabilitation, and report to the decision-making organ for compulsory isolation for drug rehabilitation for approval.
The period of compulsory isolation for drug rehabilitation can be extended by a maximum of one year.
Article 27 of the Regulations on Detoxification stipulates that the period of compulsory isolation for drug rehabilitation shall be two years, calculated from the date on which the decision on compulsory isolation for drug rehabilitation is made. Persons who have been subjected to compulsory isolation for drug rehabilitation shall be transferred to the compulsory isolation and drug rehabilitation facilities of the judicial administrative departments to continue compulsory isolation for drug rehabilitation after 3 to 6 months of compulsory isolation for drug rehabilitation in the compulsory isolation drug rehabilitation facilities of the public security organs. In provinces, autonomous regions, and municipalities directly under the Central Government that do not have the conditions to implement the provisions of the preceding paragraph, the public security organs and judicial administrative departments shall jointly submit opinions and report to the people of the provinces, autonomous regions, and municipalities directly under the Central Government to decide on a specific implementation plan, but the time for compulsory isolation for drug rehabilitation in the compulsory isolation centers of the public security organs shall not exceed 12 months.
In accordance with Article 41 of the "Anti-Narcotics Law of the People's Republic of China", the public security organ that made the decision shall send the persons who have been sentenced to compulsory isolation for drug rehabilitation to a compulsory isolation drug rehabilitation center for enforcement. The establishment, management system, and financial guarantee of compulsory isolation drug rehabilitation centers shall be stipulated by ***. >>>More
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