Reviewer Ca1
Reviewer Ca1
JAIL ADMINISTRATION History: The first crude system of jails began in the Stone Age where
caves were used as detention cells. Until the beginning of the 18th century, jails are
primarily set-up in towns and cities for detention purposes. Importance: To highlight jails in
the correctional process. It is a vital deterrent to law violations in the sense that a brief stay
in jails would cause the law abiding to restrain from engaging in illegal or unlawful
Bureau of Jail Management and Penology
• Created by R.A. 6975 “Department of the Interior and Local Government Act of 1990”
• Passage of R.A. 9263“Bureau of Fire Protection and Bureau of
Jail Management and Penology Professionalization Act of 2004” – amended some provisions
of R.A. 6975
• Has control and supervision over the city and municipal jails, provincial jails shall be under
the supervision and control of the provincial government.
Reception Procedures (BJMP):
• Checking of documents/credentials
• Examination of arrest report, medical certificate
• Checking the authenticity of complaint/ information, commitment order or mittimus)
• Searching of inmates’ things (cash and contraband)
• Issuance of receipt of cash and other property by the property custodian
• Fingerprinting and photographing
• Accomplishment of jail booking report
• Conduct of interview (medical record, social case study)
• Strip searching
• Briefing or orientation of jail rules and regulations
• Assignment of dormitory
• Issuance of jail materials (jogging pants and t-shirt) also used forhearing
• (In case of safekeeping, the warden is entitled to receive compensation for their support
andcustody)
• In case of detainee – information on theprovision of RA 6125, Detainees
Manifestationexcept for recidivist or previously convicted twiceor more or failed to
surrender voluntarily for theexecution of sentence.
• Issuance of certificate on the appraisement of Art 29 of the Revised Penal Code
• Submission of agreement or certification
Definition of Terms:
• Jail – is a place of confinement for city and municipal prisoners, any fugitive from justice,
or person detained awaiting or undergoing investigation or trial.
• Carpeta – otherwise known as “inmate record or jacket”, it contains the personal and
criminal records of inmates.
• Commitment Order – a written order of the court or any other competent authority
consigning an inmate to jail or prison for confinement.
• Mittimus – a warrant issued by a court bearing its seal and the signature of the judge,
directing the jail or prison authorities to receive inmates for custody or service of the
sentence impose therein
• Contraband – any article, item, or things prohibited by law and/or forbidden by jail rules
that would pose as security hazards or endanger the lives of. inmates.
• Inmate – is a generic term used to refer to a detainee or prisoner
. • Custody – is defined as penal safekeeping which includes measures and activities such as
the implementation of security measures, locking and counting routines, supervision to
prisoners and orderly movement.
Types of Jails:
• Lock-up Jails – this is a security facility operated by personnel of the local law enforcement
units for temporary detention of persons under investigation or awaiting preliminary
investigation.
• Ordinary Jails – this facility houses prisoners convicted of offenses which the punishment
does not exceed three years of imprisonment and those with pending cases before the
courts. It is administered and run by personnel of the BJMP
. • Workhouse Jail – also known as jail-farm or camps such as facility operates small-scale
cultivation of crops by minimum security prisoners. Ideal for a large number of inmates.
QUESTION: What are the alternatives to jail confinement in order to relieve congestion of
prisoners?
Defects of Jails:
• [Link] and deteriorated buildings
• [Link] number of personnel to provide suitable supervision
• [Link] of kangaroo courts and insidious methods concocted by morally depraved
prisoners • [Link]
• [Link] conditions
• [Link] to conduct proper segregation of detainees and convicted offender
• [Link] of program of work, recreation and education activities for prisoners
• [Link] of standard uniform record of statistics
• [Link] food which is unable to meet nutritional requirements
• [Link] medical services offered
• [Link] motivated and influenced by politics.
Categories of Inmates:
• Prisoner – an inmate who is convicted by final judgment.
• Detainee – a person who is accused before a court or competent authority and is
temporarily confined in jail while undergoing or awaiting investigation, trial or final
judgment.
Classification of Detainees:
• Undergoing investigation
• Awaiting or undergoing trial
• Awaiting judgment Classification of Prisoner:
• Municipal Prisoner – one who is sentenced to a prison term of 1 day to 6 months.
• City Prisoner – one who is sentenced to a prison term of 1 day to 3 years.
• Provincial Prisoner –one who is sentenced to a prison term of 6 months and 1 day to 3
years.
• Insular Prisoner – one who is sentenced to a prison term of 3 years and 1 day to life
Court and other entities authorized to commit a person in jail:
• Supreme Court
• Court of Appeals
• Sandiganbayan
• RTC
• Me/MTC
• MCTC
• Congress of the Philippines
• Other administrative bodies or persons authorized by law to arrest and/or commit a
person to jail
Release of Inmates
• Basis: – Expiration of sentence; – Order of the court or competent authority; or – After
being granted parole, pardon, or amnesty
• Transmittal of Carpeta and Prison Records – For commutation (1/3) of the minimum
period of the inmate’s indeterminate sentence and in special sentence and in special cases,
at least one (1) month before the period specified by the board; – For conditional pardon –
at least one month before the expiration of the one half (1/2) of the minimum period of the
inmate’s indeterminate sentence and in special cases, at least one (1) month before the
period as specified by the board; – For parole – at least one (1) month before the expiry
date of his minimum sentence
In case of NBP or CIW inmate, the application and its supporting documents together
with the prison record and favorable recommendation of the Superintendent shall
be forwarded to the Secretary for final action at least one working day before the
privilege is to be enjoyed.
• Duration of privilege – more or less three (3) hours where the remains lie.
• Distance of Travel – radius of 30 kilometers if more than the time of leaving and
returning during daylight hours of the same day
Rights and Privileges of an Inmate Rights
: • To receive compensation for labor he performs;
• To be credited with time allowances for good conduct and loyalty;
• To receive and send mail matter;
• To practice his religion or observe his faith;
• To receive authorized visitors
; • To ventilate hid grievances through proper channels; and
• Receive death benefits and pecuniary aid for injuries. Privileges of an Inmate:
• Attend or participate in any entertainment or athletic activity within the prison
reservation;
• Read books and other reading materials in the library;
• Smoke cigar and cigarettes, except in prohibited places;
• Participate in civic, religious and other activities authorized by prison authorities; and
• Receive gifts and prepared food from visitors subject to inspection;
• A detainee, aside from the aforementioned, may wear civilian clothes and to grow his hair
in his customary style
Prison Labor
• Able bodied convicted prisoner – 8 hours a day, except Sundays and legal holidays in and
out the prison.
• Detainee – only for hygienic or sanitary reasons of his cell except he agreed in writing to
abide by the same rules imposed on finally convicted inmates who is not a recidivist or
previously convicted twice or more times of any crime.
• In case of detainee does not agree, the Superintendent shall issue certificate that the
detainee was apprised of his right to be credited in the service of his prison sentence
. - Only medium and minimum security inmates may be assigned to work in agricultural field
projects within prison reservation. Except those over 60 year of age.
- Work programs shall be conducted in prison to promote good work habits and self-esteem
among inmates, not to exploit cheap labor or as a punishment for deviant behavior.
Compensation Credits Right to compensation
– 6 months after being permanently assigned to work in prison, provided:
- He maintains good conduct; and
- He shows interest and a definite degree of progress in the particular work assigned to him.
- Habitual delinquents, recidivists, escapees;
- Infirm, aged, invalids and other finally convicted inmates whose physical condition
seriously impairs their mobility;
- Mental disease or abnormal, including sexual deviates;
- Female offenders;
- Drug dependents;
- Foreign nationals; and
- Members of cultural minorities.
Prison Accommodation Standards
• Shall meet requirements of sanitation and hygiene with emphasis on adequate
ventilation, living space and lighting;
• Bathrooms and washing areas in every prison authorities;
• Inmates shall properly maintained and kept clean at all times;
• Beds and clothing shall be neatly made up in a uniform manner and disinfected at least
once a month;
• Cleanliness at all times in all dormitories or cells toilets and baths;
• As often as necessary, an inmate shall send his dirty clothes to the laundry
• Exposure of clothes, beds, bedding and others to sunshine in designated areas;
• Inmates shall serve meals three (3) times a day. Breakfast shall be served not more than
14 hours after the previous day’s dinner.
• Transfer of Inmates by Director upon rec0ommendation of the Superintendent concerned’
Transfer to a Stockade of the AFP
– certified as minimum security risk and does not belong to any of the following
: - Life to death inmate;
- Previous record of escape;
- Recidivist;
- Crime involving moral turpitude
; - Female inmate;
- Previously Transferred to AFP stockade and was returned to prison for prison;
- More than 50 years old or who can no longer perform manual work
; • Permanent resident of a place within the radius of 100 kilometers from AFP stockade
where he is being transferred; or
• With pending case or witness in any pending criminal case - Transfer of inmate to a
Provincial Jail and Vice Versa – upon direction of the President, subject to physical and
mental examination before transfer.
Outside Movement of Inmates
• Movement of inmate outside confinement facility
– The Superintendent may authorize, and in case of pars. C and D by an approval of the
Secretary of DOJ, an inmate under the following:
- Appearance in court or other govt. agency as directed by competent authority.
- For medical examination/treatment or hospitalization in an outside clinic or hospital; or
- To view the remain of the deceased relative.
• Death convict shall not be allowed to leave his place of confinement except for the urgent
treatment or diagnosis of a life-threatening or serious illness, if it cannot be done in the
prison hospital.
• Death and Life Termer shall be brought outside for count appearance only when the
presiding judge of the court who issued the subpoena has prior authority from the Supreme
Court to affect the transfer of the said convict. NBP shall request the hearing within the
premises of the NBP
Compensation earned – Except in urgent need and the discretion of the Superintendent only
½ of the earning may be withdrawn; however, the whole or part may be forfeited to the
payment of damages resulting from inmate negligence or misconduct.
All monies received by the inmates from wherever source shall be deposited to the trust
fund and may be withdrawn in whole and in part, except those of the compensation earned;
however all shall be released to the inmates upon his release.
Inmate Communication
• An inmate shall have the right to communicate or correspond with persons and
organizations and to send and receive letters, packages, books, periodicals and other
materials that can be lawfully sent by mail.
• All letters sent or received by an inmate, as well as magazines, books, periodicals and all
reading matters, shall be subject to prevent the entry of contraband and the entry or exit of
information that may adversely affect the security of the prison.
Guidelines
• Mail shall be secured until such time that the censors are ready to examine them
• Mail shall be opened and searched by qualified, trained and authorized personnel
• Greeting cards shall be carefully examined and filers of any kind found therein shall be
collected for laboratory examinations.
• Photographs shall be marked on the reverse side and replaced in the envelope.
• Prison slang, unusual nicknames and sentences shall be carefully studied and deciphered.
• Letters passed by the censors shall bear censor’s stamped at the top of each page and on
the envelope.
• Contents shall be confidential and shall not be discussed with other prison personnel.
• Inmate under disciplinary punishment shall be allowed full mail privileges, unless for
serious violation of mail regulations.
• All inmates who demonstrate good behavior shall earn one telephone call of five (5)
minutes for every 90 days period. When making the call he must identify himself as inmate.
• Inmates of foreign nationality shall be allowed to communicate with their diplomatic or
consular representatives.
• The religious belief of an inmate shall be respected and shall be on voluntary basis.
• Prison employee or inmates are not authorized to proselytize inmates nor to sponsor any
religious rites on the part of the former.
• All personal religious communications shall be privileged communication whether formal
or as a matter of conscience
. • An inmate who is eligible and mentally competent, upon written request and approval by
the Superintendent, may either have HIS MARRIAGE SOLEMNIZE IN THE PRISON BY
BUREAU’S CHAPLAIN. • Prison officials, guards, employees, and their wives and children
cannot act as sponsor of inmates’ weeding.
Visiting Rights
• An inmate shall have the right to be visited by his family and reputable friends on Sunday
to Thursday from 9:00 am to 3:00 pm at the visitor’s room (BUCOR) and on Tuesday to
Friday from 1:00 pm to 4:00 pm and on Saturdays and Sundays from 9:00 am to 4:00 pm
(BJMP).
• Married male inmate may have conjugal visits from his spouse in prison in a facility.
• The Inmate Complaint, Information and Assistance Center in each prison compound shall
act on all written complaints of inmates within 72 hours from receipt.
• The inmate-representatives of the Inmate Council shall meet the Superintendent to
discuss issues and matters affecting the prison population.
• Pecuniary Aid to Inmates – In case of death, injury or disability of inmate due to
prevention of riot, or jailbreak, or while in the performance of work, without negligence,
entitle him to pecuniary aid as fixed by the Director and approved by the Secretary of
Justice.
Discipline and Punishment of Inmates
• Self-discipline is an essential characteristic of a well-adjusted person. All breach discipline
in prison shall be reported to authorities with observance of due process before any
imposition of punishment by the Board of Discipline headed by the Assistant
Superintendent
. • Prohibited Acts: • Illegal sexual acts or encouraging the commissions of the same.
• Openly displaying obscene or lewd photographs, pictures, drawing
• Possession of articles which pose a threat to prison security or to the safety and well-
being of the inmates and staff.
• Giving gifts, selling or bartering with prison personnel
; • Maligning or insulting any religious belief or group.
• Rendering personal services to or requiring the same from fellow inmate;
• Gambling;
Exchanging his uniform with another inmate or wearing another’s uniform;
• Using profane, vulgar, or obscene language or making loud or unusual noise;
• Loitering in the prison compound or reservation;
• Giving gift or providing material or other assistance to fellow inmate or to the prison
authorities or personnel;
• Engaging in any private work for the benefit of a prison officer or employee;
• Controlling the activities of others;
• Tattooing himself or allowing himself to be tattooed;
• Disobeying legal orders of prison authorities promptly and courteously
• Threatening verbally or in writing another
• Possession of any cellular, pager or radio receiver, or any communication device;
• Making frivolous or groundless complaints; and
• Displaying behavior which might lead to disorder or violence or other which may endanger
the facility or outside community
Punishment
• Procedure:
• Written complaint filed at the office of the Superintendent by the aggrieved or any
inmate;
• If after initial investigation, the Superintendent may dismiss the complain if baseless,
otherwise he shall endorse the complaint to the Board from hearing;
• The board shall within five (5) days from termination of hearings decide the case;
• The hearing shall be summary and is not bound by the technical rules on evidence;
• The inmate charged shall be allowed to present evidence in the hearing
; • The decision of the board shall be subject to review and approval by the Superintendent;
• The decision as approved by the Superintendent shall be final.
Imposable Punishment
• Caution or reprimand;
• Cancellation of recreation, education, entertainment and visiting privileges;
• Deprivation of GCTA for a specific period;
• Change of security status to the next higher e.g. from medium to maximum;
• Confinement in disciplinary cell shall be done from one (1) to two (2) months depending
on gravity of the offense, if any of the mentioned penalties prove to be ineffective; and
• Use of handcuff or any instrument of restraint is not allowed except to prevent an escape
during transfer or movement or from harming himself or others or destruction of property
Rehabilitation and Treatment of Offenders
• The Bureau shall undertake rehabilitation and treatment programs to help an inmate lead
a responsible, law-abiding and productive life upon release. Inmate, public safety and the
requirements for effective custody shall take precedence over all other activities.
• Programs of Rehabilitation
• Health • Education – Elementary – Secondary – College; and
• Vocational Religious • Related rehabilitation services