THERAPEUTIC MODALITIES

(CA 3)

Module 2 of 5

Standards on the Treatment and Rehabilitation of

Prisoners/Inmate/PDL

INTRODUCTION
Good day everyone! The next module that we are going to deal is the
standards on treatment and rehabilitation of prisoners/inmate/PDL. We will be
discussing in this module the safety and orderly movements of PDL, conditions of
confinement, PDL’s rights and conduct, disciplinary rules, grievance mechanism and
prior release program and reintegration.
This module consists of 3 lessons. The first lesson deals on the safety and
orderly movements of PDL which include custody, security and control, PDL’s ratio
to personnel, and classification/categorization of PDL. The second lesson is on the
condition of confinement to include but not limited to food, physical plant,
recreation, works and spiritual programs of PDL. The third lesson looks on the PDL’s
conduct, rights, disciplinary rules, grievance mechanism and the prior release and
reintegration program.
I presumed that the topics in this module are not difficult for you because
most if not all are self-explanatory. In fact, some are common to you because we
have already discussed them in the previous subjects.
As what was mentioned earlier, should you have any query/clarification you
can contact me in the account/address given in the previous module.

LEARNING OUTCOME
At the end of the module, you should be able to:

1
 1. understand correctly the purposes of custody, security and control;
2. state and discuss the rights of PDL;
3. explain thoroughly the functions of grievance committee in jail;
4. discuss accurately the importance of pre-release treatment programs; and
5. recognize and uphold the rights and privileges of inmates.

PRE-TEST
Before we proceed to our main topics, let me require you to answer the
following questions below to test your knowledge about our subject matter. It is in
the form of true or false so write “true” if the statement/phrase is true and “false” if
is false. Remember our previous instruction that you should not write in this module
for it serves as your reading material. Use yellow pad papers for your answers and
do not forget to indicate your name and schedule.

1. High risk inmates are those considered highly dangerous and who require a
greater degree of security, control and supervision because of their deemed
capability of escape, of being rescued, and their ability to launch or
spearhead acts of violence inside the jail.
2. Prison/jail personnel conduct surprise searches on inmates and inspection of
their quarters and other areas accessible to inmates at least once a week to
detect and flush out contraband.
3. Prison/jail officers conduct regular count of inmates at least five to six (5-6)
times within a 24-hour period and strictly implement the established
procedures in counting inmates.
4. An offender convicted to an imprisonment term ranging from one (1) day to
six (6) months is confined at the municipal jail.
5. Every prisoner is allowed to satisfy the needs of his or her religious life by
attending the services provided in the prison and having in his or her
possession the books of religious observance and instruction of his or her
denomination.
6. The PDL has the right to be informed of the rules and regulations governing
the detention center.
7. Ordinary inmates are those who have lesser tendencies to commit offenses
and generally pose the least risk to public safety.
8. Forcibly taking or extorting money from fellow inmates and visitors is a grave
offense under the jail rules.
9. Each newly admitted inmate is thoroughly searched for weapons and other
contraband immediately upon arrival in the detention facility.
10. Every PDL has the right to a visit by a lawyer or counsel, medical doctor or
religious minister anytime subject to reasonable regulation of the jail facility.

LESSON 1: Safety and Orderly (Custody, security and control, PDL Ratio to
personnel, classification/categorization of PDLs)

Objectives:
At the end of the lesson, you should be able to:
1. explain the purpose of security and control;
2. name and discuss the categories of PDL; and
3. identify the ratio of personnel-to-inmate in jail and in prison.

LET’S ENGAGE!
If you remember what was discussed in the CA1 particularly on the custody,
security and control, such discussions are almost the same with what is in this
lesson. In the previous subject, we dealt more on the procedures as practiced in the
Bureau of corrections. For this lesson, we will concentrate more on the standards as

2
stipulated by the Bureau of Jail Management and Penology. As you will observe,
topics under this are more elaborated and discussed in details.

LET’S EXPLORE!
A detention facility is concerned with the humane safekeeping and
development of inmates. Effective custody ensures that inmates are well-secured in
all areas of the detention facility and properly escorted when attending their court
hearings and other authorized/lawful destinations. Let us be reminded that the aims
of institutional security and control are the prevention of escapes, control of
contrabands and maintenance of good order.

LET’S TALK ABOUT IT

I. CUSTODY, SECURITY AND CONTROL

To ensure that minimum standards in security and control are maintained,
policies, guidelines and procedures must be strictly implemented in all jail facilities.
But before we proceed to discuss the policies, guidelines and procedures, we may
first deal with the terms below to help explain the purposes of custody, security and
control.

Terms to ponder:
Custody is defined as guarding or penal safekeeping. It involves security
measures, locking, counting routines, procedures for searching prisoners and their
living quarters, and prevention of contrabands to ensure security and control within
the prison.
Security refers to the safety measures to maintain orderliness and discipline.
Prison discipline is the prompt correction of minor deviations committed by
prisoners before they become serious violations.
Control refers to the supervision of prisoners to ensure punctual and orderly
movement to and from one place of work or assignment to another.
Contraband is any article, item, or thing prohibited by law and/or forbidden
by jail rules that would pose as security hazards or endanger the lives of inmates.
Policies, guidelines and procedures:
1. Each newly admitted inmate is thoroughly searched for weapons and other
contraband immediately upon arrival in the facility.
2. All inmates must be searched thoroughly by the duty personnel whenever
they enter or leave the security areas.
3. Conduct surprise searches on inmates and inspection of their quarters and
other areas accessible to inmates at least once a week to detect and flush
out contraband.
4. Maintain an updated written emergency operations plan such as but not
limited to natural and man-made calamities and other jail disturbances.
These plans must be made known to and understood by all jail
personnel through the conduct of regular dry runs.
5. Maintain a journal of activities, emergency situations and unusual incidents.
The purpose of which is for future references.
6. Maintain a key control center for storing keys that is inaccessible to inmates
and unauthorized persons.
There must be an accounting system for issuing and returning of keys
and establish a reporting system for documenting and repairing broken or

3
 malfunctioning keys or locks. Inmates shall be prohibited from handling jail
security keys.
7. There shall be one (1) full set of duplicate keys, secured in a place
accessible only to jail personnel for use in the event of an emergency.
These keys shall be marked for easy identification during adverse
conditions;
8. Continuous inspection and maintenance of all locks.
Replace locks as often as possible and never allow inmates to install
locking system in the cell gates and to possess their own padlock for
purposes of locking themselves in their cells that will cause delay for
personnel conducting regular cell search and inspection.
9. Maintain strict control of firearms such as, but not limited, to the following:
a. Never allow any personnel with firearms on areas of inmates and/or
in any area intended for inmates’ activities;
b. Never allow inmates in the workplace of personnel or in areas where
firearms are authorized; and
c. Secure firearms and anti-riot equipment in the armory located within
easy reach of jail personnel in case of emergencies but not accessible
to inmates.
10. All firearms, ammunition, chemical agents, related security and emergency
equipment must be inventoried and tested at least quarterly to determine
their condition and expiration dates, as the case may be. This shall include
regular inspection of fire extinguishers and other detection and suppression
systems available.
11. All tools, toxic, corrosive and flammable substances and other potentially
dangerous supplies and equipment shall be stored in a locked area which is
secured and located outside the inmate’s area.
Tools, supplies and equipment which are particularly hazardous shall
be used by inmates only under direct supervision by the jail personnel.
12.Conduct daily inspections of all security facilities (i.e. closed circuit
televisions, ceilings, window grills, iron bars, etc.) and document all
findings. Any tampering or defects detected must be reported in writing to
proper authority for immediate action.
13. Regular conduct of "guard mounting" for all "incoming duty" of the
Custodial Unit and for the members of Escort Unit before their assumption
of duty to remind and update them of the policies/guidelines pertaining to
security and control.
14. Conduct regular count of inmates at least five to six (5-6) times within a
24-hour period and strictly implement the established procedures in
counting inmates. Personnel conducting the count shall record the result.
15. Prohibit inmate’s visitor to stay inside jail premises beyond authorized
visiting period regardless of any reasons.
16. Inmates shall be supervised at all times whenever they are outside their
cells.
17. Never allow any personnel under the influence of intoxicating beverage to
enter the jail facility or to perform an official duty.
18. Carefully select the inmates to be utilized as jail aide and maintain rigid
control over their activities. Never allow inmate to be utilized for any
janitorial services at jail offices, restricted areas, and/or for errands outside
the jail premises. In no case shall an inmate be allowed to perform clerical
duties or to have access to personnel files and other official documents.
19. Never allow a jail officer to render successive shifts of duty except in cases
of emergencies.

4
20. Never allow jail personnel to open inmates quarters alone. At least one (1)
other jail officer should be present and guarding the gate.
21. Inmates should be taken out of jail only upon written order of the Court.
22. Ensure that all vehicles and persons entering the jail premises are properly
searched in accordance with the existing policies/procedures
23. Regularly inspect and check the availability of emergency lights and other
emergency equipment and ensure that each personnel rendering night
shift duties has one (1) flashlight, nightstick/baton and whistle.
24. As regard the use of force:
a. Use of force shall be limited to instances of justifiable self-defense,
prevention of self-inflicted harm, protection of others, prevention of
riot, commission of a crime, escape or other jail disturbance and to
controlling or subduing an inmate who refuses to obey a lawful
command or order.
b. Use of force shall be limited to the amount of force necessary to
control a given situation and shall include a continuum of escalating
force levels.
c. An examination and/or treatment by health personnel shall be
provided to prisoners or staff involved in a use of force incident when
there is obvious physical injury or there is a complaint of injury or
request for medical attention.
d. Use of force incidents shall be recorded and reviewed by the Warden.

Inmates count
It is imperative that at specified times during each 24-hour period, all
inmates are physically counted. This is to ensure the physical presence of
inmates.

Dining room security

For jail facilities that have separate dining or mess halls, the following
shall be observed:
a. As a general precaution, individual mess utensils of inmates shall be
made of plastic. This is to avoid inmates from turning utensils into
deadly weapon.
b. When dining rooms are provided, the inmates should march in
columns of two’s along designated routes under the supervision of
jail personnel. Other officials to direct the orderly movement of
inmates to and from the mess hall must be stationed along the
routes.
c. Designate a roving supervisor to handle any disturbances or settle
complaints.
d. After every meal, all utensils used by the inmates should be
collected. Jail personnel should strictly supervise this to ensure that
no utensils are brought out the dining room.
e. Check and account for all forks, spoons and other kitchen utensils
after every meal.
Mail services and censorship
Mail service is provided to all inmates so long as all outgoing and
incoming mail matters are passed through a designated Censor Officer in
order to intercept any contraband or illegal articles and any information
affecting the security of the jail.

Movement/transfer of inmates
Prisoners or detainees may be moved or transferred safely and
humanely by trained personnel who shall adopt the necessary level of
security, supervision, and control to ensure public safety.

5
 An inmate may be transferred to another institution only upon specific
order of the court having jurisdiction over him/her, except in cases of serious
illness where hospitalization is necessary, and the inmate has to be
immediately taken to the nearest hospital upon recommendation of the
health officer. In this case, the jail warden, or in his/her absence, the officer
in-charge, shall immediately notify the regional director and the court
concerned within six (6) hours after the inmate is brought to the hospital or
within six (6) hours from the first hour of the following day.
In the case of inmates classified as high-risk/high-profile and detained
in small and remote jail facilities or in jails not considered as high security
facility, their transfer to a better secured jail shall be effected provided a prior
request is made from the executive judge who has administrative supervision
over the court in the place where the jail in which the inmate is detained for
his/her immediate action, approval and notification to the court’s Presiding
Judge.
In any emergency like riot or other jail disturbance that happens on a
weekend where courts are closed and when the immediate transfer to other
BJMP-manned jails of inmates involved is necessary to ensure the safety of
other inmates and security of the jail, the warden, under such compelling
situation, can recommend to the regional director, verbally or in writing, their
immediate transfer to another jail, provided that, on the first hour of the
following working day, the court concerned must be informed of the said
transfer and a commitment order must be issued, otherwise, the return of the
transferred inmates is imperative. Provided, however, that those inmates who
instigated and led, and those involved in the disturbance or violence,
disruptive and/or riotous actions so created shall be classified as high-risk
detainees and shall be immediately transferred to a more secured facility.
Inmates who wish to view the remains of a deceased relative within
the second degree of consanguinity or affinity and whose motion for that
purpose was approved by the court as proven by a valid court order issued to
the warden shall be required to submit a written request to the warden at
least three (3) days before the date of viewing and which request should be
accompanied by the following documents:
1. Death Certificate of the deceased relative duly certified by the
attending physician or local civil registrar;
2. The appropriate certificate as indicated after the name of the
deceased relative, to wit:
a. Spouse - marriage contract;
b. Children - birth certificates of the deceased child and marriage
certificate of the inmate and his/her spouse;
c. Father or Mother - birth certificates of the inmate and his/her
deceased parent;
d. Brother or Sister - birth certificates of the inmate and his/her
deceased sibling;
e. Grandparent - birth certificates of the inmate and his/her parent
who is the child of the deceased grandparent; and
f. Grandchild - birth certificates of the inmate and his/her child who is
the parent of the deceased grandchild.
II. Personnel – to - PDL ratio
The Bureau of Corrections maintains the custodial personnel-to-inmate
ratio of 1:7 and reformation personnel-to-inmate ratio of 1:24. On the other
hand, BJMP provides that during custodial guarding, the personnel-to-inmate
ratio of 1:7 should be observed. However, during the transfer of inmates from
one institution to another, a ratio of 1+1:1 (1 personnel +1 personnel:1
inmate) is required. 1+1 personnel means 1 escort and the other is an
additional back-up guard.
The above cited ratio may vary in case of a breach of security.

6
 III. Classification/categorization of PDL
Classification refers to assigning or to grouping of inmates according to
their respective penalty, gender, age, nationality, health and criminal
records. It is the segregation of diversified populace in the detention facility.
Categories of inmates
The two (2) general categories of inmates are:
a. Prisoner - inmate who is convicted by final judgment; and
b. Detainee - inmate who is undergoing investigation/trial or awaiting final
judgment.
Classification of prisoners
The four (4) main classes of prisoners are:
a. Insular Prisoner - one who is sentenced to a prison term of three (3) years
and one (1) day to reclusion perpetua or life imprisonment;
b. Provincial Prisoner - one who is sentenced to a prison term of six (6)
months and one (1) day to three (3) years;
c. City Prisoner - one who is sentenced to a prison term of one (1) day to
three (3) years; and
d. Municipal Prisoner - one who is sentenced to a prison term of one (1) day
to six (6) months.
Classification of detainees
The three (3) classes of detainees are those:
a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
Inmates’ security classification
The following are the classifications of inmates according to security risk each
may pose:
a. High Profile Inmates
Those who require increased security based on intense media
coverage or public concern as a result of their offense such as but not
limited to those who have been involved in a highly controversial or
sensationalized crime or those who became prominent for being a
politician, government official, multi-million entrepreneur, religious or
cause-oriented group leader and movie or television personality.

b. High Risk Inmates

Those who are considered highly dangerous and who require a greater
degree of security, control and supervision because of their deemed
capability of escape, of being rescued, and their ability to launch or
spearhead acts of violence inside the jail. This includes those charged with
heinous crimes such as murder, kidnapping for ransom, economic
sabotage, syndicated or organized crimes, etc. Also included are inmates
with military or police trainings or those whose life is in danger or under
imminent threat.

c. High Value Target (HVT)

A target, who may either, be an enemy combatant, high ranking official
or a civilian in danger of capture or death, typically in possession of
critical intelligence, data, or authority marked as an objective for a
mission and which a commander requires for the successful completion of
the same.

7
 d. Security Threat Group
Any formal or informal ongoing inmates’ group, gang, organization or
association consisting of three or more members falling into one of the
following basic categories: street gangs, prison gangs, outlaw gangs,
traditional organized crime, aboriginal gangs, subversive groups and
terrorist organizations.

e. Subversive Group
A group of persons that adopts or advocates subversive principles or
policies tending to overthrow or undermine an established government.

f. Terrorist Group
A group of persons that commits any of the following: piracy and
mutiny in the high seas or in the Philippine waters, rebellion or
insurrection, coup d’état, murder, kidnapping and serious illegal
detention, crimes involving destruction, arson, hijacking, violation of laws
on toxic substances and hazardous and nuclear waste control, violations
of atomic energy regulations, anti-piracy and anti-highway robbery, illegal
and unlawful possession, manufacture, dealing in, acquisition or
disposition of firearms, ammunitions or explosives.

g. Violent Extremist Offender (VEO)

A person whose political or religious ideologies are considered far
outside the mainstream attitudes of the society or who violates common
moral standards and who has adopted an increasingly extreme ideals and
aspirations resorting to the employment of violence in the furtherance of
his/her beliefs.

h. Medium Risk Inmates

Those who represent a moderate risk to the public and staff. These
inmates still require greater security, control and supervision as they
might escape from and might commit violence inside the jail.

i. Minimum Risk Inmates (Ordinary Inmates)

Those inmates who have lesser tendencies to commit offenses and
generally pose the least risk to public safety. In most cases, they may be
first time offenders and are charged with light offenses.

IT’S YOUR TURN

We will see how you understood our lesson by answering what are asked
from you. Write your answers in a yellow pad paper.
1. From what you have read, discuss the very purpose of security and control of
inmates. 20 points.
2. From the categories of PDL, differentiate terrorist from subversive group and
security treat from extremist group. 20 points.
3. Identify and discuss the ratio between personnel – to - inmate. 20 points

Your answers shall be rated using this rubrics.

Excellent Average Poor

Clarity of - Ideas are very Ideas are somewhat Ideas are confusing that
discussion rational and rational and cannot be understood

8
 comprehensible comprehensible that
that strongly support the question
addressed the
question

Grammar and - There are 1 % - - There are 30% - - There are 60% or
presentation 20% errors in 50% errors in more errors in
grammar, grammar, grammar, sentence
sentence sentence construction,
construction, construction, spelling and
spelling and spelling and punctuation
punctuation. punctuation.
- Ideas are not
- Ideas are - Ideas are fairly logically presented.
logically logically
presented presented.

Total 15 - 20 points 10 - 14 points 1-9 points

LESSON 2: Condition of Confinement (Food, Physical Plant, Recreation, Work,

Spiritual)

Objectives:
At the end of the lesson, you should be able to:
1. explain the need for recreation and sports activities in the detention
facilities; and
2. rationalize the basic needs of inmates.

LET’S ENGAGE!
Have you encountered the so called Mandela Rules? I asked this because
topics in this lesson were taken from the Mandela Rules, the minimum standard
rules by the United Nations for the treatment of inmates/prisoners.

LET’S EXPLORE!
The minimum standard rules for the treatment of prisoners set by the United
Nations are named Mandela Rules. The Rules are known as the Nelson Mandela
Rules to honor the legacy of the late President of South Africa, who spent 27 years
in prison in the course of his struggle for global human rights, equality, democracy
and the promotion of a culture of peace.

LET’S TALK ABOUT IT

a. Food (UN Res., 2015)

1. Every prisoner shall be provided by the prison administration at the usual

hours with food of nutritional value adequate for health and strength, of
wholesome quality and well prepared and served.
2. Drinking water shall be available to every prisoner whenever he or she needs
it.
As stipulated under RA 10575, the safekeeping of inmates under the
BuCor includes decent provision of quarters, food, water and clothing in
compliance with established United Nations standards (Mandela Rules). At
present, the BuCor allots 60 pesos for the breakfast, lunch and dinner each
day for every inmate.
In the BJMP, PDL under custody are provided with three meals
(breakfast, lunch and supper). Adequate supply of potable water is made

9
 available to them at all times. Likewise, upon admission, each PDL is issued
his or her PDL uniform consisting of the yellow shirt and brown jogging
pants. Hygiene kits are also distributed to the PDL on monthly or quarterly
basis. Occasionally, the provision of basic needs for the PDL is supplemented
by the food and non-food donations from local government units, non-
government organizations, business sector and private individuals (BJMP,
2015).

b. Exercise and sport (UN Res., 2015)

1. Every prisoner who is not employed in outdoor work shall have at least one
hour of suitable exercise in the open air daily if the weather permits.
2. Young prisoners, and others of suitable age and physique, shall receive
physical and recreational training during the period of exercise. To this end,
space, installations and equipment should be provided.
The penal settlements under the BuCor provide facilities for this
purpose. Example is body building gym, basketball courts and the like.
Similar with the local jails where there spaces for this kind of activities.

c. Work (UN Res., 2015)

In all places where prisoners are required to live or work:
1. The windows shall be large enough to enable the prisoners to read or work
by natural light and shall be so constructed that they can allow the
entrance of fresh air whether or not there is artificial ventilation.
2. Artificial light shall be provided sufficient for the prisoners to read or work
without injury to eyesight.
Under our custodial system, prisoners are allowed to work in and
out detention buildings as agricultural manpower/labor and others.
Inmates who are allowed to work in various projects are compensated.
Portion of their earnings are deposited to the custodian with receipt for
future use. The rest of the compensations are kept by them for their
personal consumption.
Livelihood projects are also allowed inside detention facilities as
sources of individual income at the same time acquisition of skills.

d. Religion (UN Res., 2015)

1. If the prison contains a sufficient number of prisoners of the same religion,

a qualified representative of that religion shall be appointed or approved.
If the number of prisoners justifies it and conditions permit, the
arrangement should be on a full-time basis.
2. A qualified representative appointed or approved under paragraph 1 of
this rule shall be allowed to hold regular services and to pay pastoral visits
in private to prisoners of his or her religion at proper times.
3. Access to a qualified representative of any religion shall not be refused to
any prisoner. On the other hand, if any prisoner should object to a visit of
any religious representative, his or her attitude shall be fully respected.
So far as, every PDL is allowed to satisfy the needs of his or her
religious life by attending the services provided in the prison/jail and
having in his or her possession the books of religious observance and
instruction of his or her denomination.

e. Health-care services (UN Res., 2015)

1. The provision of health care for prisoners is a State responsibility.

Prisoners should enjoy the same standards of health care that are
available in the community, and should have access to necessary health-
care services free of charge without discrimination on the grounds of their
legal status.
2. Health-care services should be organized in close relationship to the
general public health administration and in a way that ensures continuity

10
 of treatment and care, including for HIV, tuberculosis and other infectious
diseases, as well as for drug dependence.
3. Every prison shall have in place a health-care service tasked with
evaluating, promoting, protecting and improving the physical and mental
health of prisoners, paying particular attention to prisoners with special
health-care needs or with health issues that hamper their rehabilitation.
4. The health-care service shall consist of an interdisciplinary team with
sufficient qualified personnel acting in full clinical independence and shall
encompass sufficient expertise in psychology and psychiatry. The services
of a qualified dentist shall be available to every prisoner.
5. The health-care service shall prepare and maintain accurate, up-to-date
and confidential individual medical files on all prisoners, and all prisoners
should be granted access to their files upon request. A prisoner may
appoint a third party to access his or her medical file.
6. Medical files shall be transferred to the health-care service of the
receiving institution upon transfer of a prisoner and shall be subject to
medical confidentiality.

f. Physical plant for accommodation (UN Res., 2015)

1. Where sleeping accommodation is in individual cells or rooms, each

prisoner shall occupy by night a cell or room by himself or herself. If for
special reasons, such as temporary overcrowding, it becomes necessary
for the central prison administration to make an exception to this rule, it is
not desirable to have two prisoners in a cell or room.
2. Where dormitories are used, they shall be occupied by prisoners carefully
selected as being suitable to associate with one another in those
conditions. There shall be regular supervision by night, in keeping with the
nature of the prison. All accommodation provided for the use of prisoners
and in particular all sleeping accommodation shall meet all requirements
of health, due regard being paid to climatic conditions and particularly to
cubic content of air, minimum floor space, lighting, heating and
ventilation.
Thailand and the Philippines do not have single cells except for
disciplinary punishment. They have dormitory style accommodation. The
sleeping area for each inmate in Thailand is fixed at 2.25 sq. m. while
Korea provides each inmate with an average area of 1.7 sq. m. The
Philippines does not provide a fixed space for each inmate.

IT’S YOUR TURN

From what you have read, answer the following question. Write your answers
in a yellow pad papers.
1. Explain the purpose why jail/prison authorities should require inmates to
have exercise daily. 10 points.
2. Identify and explain the basic needs of inmates. 10 points

We use this Rubric to rate your answers for 1 & 2.

Excellent Average Poor

Clarity of - Ideas are very Ideas are somewhat Ideas are confusing that
discussion rational and rational and cannot be understood
comprehensible comprehensible that
that strongly support the question
addressed the
question

Grammar and - There are 1 % - - There are 30% - - There are 60% or
presentation 20% errors in 50% errors in more errors in
grammar, grammar, grammar, sentence

11
 sentence sentence construction,
construction, construction, spelling and
spelling and spelling and punctuation
punctuation. punctuation.
- Ideas are not
- Ideas are - Ideas are fairly logically presented.
logically logically
presented presented.

Total 8-10 points 5-7 points 1-4 points

LESSON 3. PDLs conduct, rights, disciplinary rules, and grievance mechanism;

Objectives:
At the end of the lesson, you should be able to:
1. enumerate and discuss the rights of inmates;
2. explain the functions of grievance committee in jail; and
3. discuss the purpose of pre – release treatment and reintegration program.

LET’S ENGAGE!
Could you mention some of the rights of inmates particularly in jail? Well,
some of these rights are not new to you because you have already encountered
them in your previous subjects. These rights are one of the main topics in this
lesson.

LET’S EXPLORE!
It is a standard operating procedure for every prison or jail to brief newly
committed PDL on the basic information they need to know and adhere to while
under custody. Included in here are the inmates’ rights, conducts and
responsibilities, rules and how their grievances be addressed. These information if
thoroughly adhered may help if not facilitate the rehabilitation of inmates.

LET’S TALK ABOUT IT

a. PDL rights and conducts/responsibilities (BJMP, 2015)

The following are the rights, privileges, conducts and responsibilities of

persons deprived of liberty in jail (BJMP, 2015). Most of these rights, privileges
and responsibilities are similar with those of inmates in the national
penitentiaries.

1. The right to be treated as a human being and not to be subjected to corporal

punishment. Inmates have the responsibility to allow fellow inmates, visitors
and staffs enjoy the same rights.
2. The right to be informed of the rules and regulations governing the detention
center. Inmates have the responsibility to obey such rules and regulations.
3. The right to adequate food commensurate to the Prisoner Subsistence
Allowance (PSA) as well as space and ventilation, rest and recreation.
Inmates have the responsibility to use the things allowed, the facilities and
equipment properly.
4. The right to avail of medical, dental and other health services readily
available. Inmates have the responsibility to inform and advise jail personnel
of their health problems and to follow the prescribed treatment.
5. The right to a visit by a lawyer or counsel, medical doctor or religious minister
anytime subject to reasonable regulation. Inmates have the responsibility to

12
 use the services of such counsel, medical doctor or religious minister
honestly and fairly.
6. The right to free exercise and enjoyment of religious profession and worship.
Inmates have the responsibility not to do harm to others while doing religious
rites and to respect others’ religious profession, exercise or worship.
7. The right to vote unless disqualified by law. Inmates have the responsibility
to vote honestly, orderly and peacefully.
8. The right to a separate detention facility or cells, particularly for women or
CICLs. Inmates have the responsibility to keep their place of dwelling in
pleasant condition.
9. The right to a visit by an immediate family. Inmates have the responsibility to
observe such rules and regulations regarding jail visitation.
10.The right to communicate with the embassy or consulate for foreign inmates.
Inmates have the responsibility to keep jail management informed of their
transactions.
11.The right to refuse any interview or to answer question/s asked by any
member of the media.
12.The right to be assisted by counsel at all times. The right to be informed of
the language known to and understood by the inmate, of his rights to remain
silent and to have competent and independent counsel, preferably of his own
choice, who shall at all times be allowed to confer with him privately. If he
cannot afford the services of a counsel, he must be provided with a
competent and independent counsel.
13.The right to be informed of the inmate’s right to demand physical
examination by an independent and competent doctor of his own choice. If
he cannot afford the services of a doctor, he shall be provided by the state
with a competent and independent doctor to conduct physical examination if
needed. The inmate and his immediate family shall also have the right to
immediate access to proper and adequate medical treatment.

b. PDL privileges and conducts/responsibilities

1. The privilege to wear own clothes while in confinement unless reasonable

regulations require otherwise. The inmate has the responsibility to observe
and follow the prescribed dress code.
2. The privilege to send and receive mail subject to BJMP Rules and Regulations.
Inmates have the responsibility to bear the expenses and to allow jail
authorities to censor things for contraband.
3. The privilege to receive books, letters, magazines, newspapers and other
periodicals that the jail authorities may allow. Inmates have the responsibility
to submit them for inspection.
4. The privilege to request free legal aid, if available. Inmates have the
responsibility to consult with Bureau’s paralegal officers so that proper
coordination and arrangement can be made regarding the matter.
5. The privilege to sport hair in customary style. Inmates have the responsibility
to conform to the jail rules for decency, health and sanitation.
6. The privilege to receive fruits and prepared foods. Inmates have the
responsibility to subject those food stuffs to inspection and for approval of
the jail officials.
7. Inmates have the responsibility to maintain cleanliness of their respective
cells and brigades or jail premises and perform other works as may be
necessary for hygienic and sanitary purposes. Inmates have the responsibility
not to waste water and cleaning materials.
8. The privilege to avail Good Conduct Time Allowance (GCTA) as provided by
law. Inmates have the responsibility to coordinate with the jail staff regarding
this matter so that proper endorsement to that effect is made upon transfer
to BUCOR.

13
 9. The privilege to use his funds for commissary and other purchases, consistent
with jail rules, institutional security and good order. Inmates have the
responsibility to meet their financial obligations including payment of
personal or institutional property they have damaged.
10.The privilege to participate in the jail’s personal/spiritual enhancement and
recreational activities. Inmates have the responsibility to participate sincerely
and solemnly and make these activities meaningful to their lives and to
others.
Inmates discipline, disciplinary machinery and grievance management
Once inmates are committed to the jail facility, some of their rights may be
suspended or regulated. There are things they are not allowed to do and they are
required to follow certain rules and regulations. Inmates’ obedience to such rules
and regulations is enjoined for the purpose of providing a safe, peaceful, orderly
and harmonious environment for personal development. The jail is expecting
inmates to understand that violation of such rules and regulations entails
disciplinary actions. Well, this is of course for the good of inmates.
The following are considered minor offenses:

1. Selling or bartering with a fellow inmate those items not classified as

contraband;
2. Rendering personal service to a fellow inmate and jail personnel;
3. Untidy or dirty personal appearance;
4. Littering or failing to maintain cleanliness and orderliness in quarters or
surroundings;
5. Making frivolous or groundless complaints;
6. Taking the cudgels for or reporting complaints in behalf of other inmates;
7. Tardiness during formation for headcount without justifiable reasons; and
8. Willful waste of food.

The following are considered less grave offenses:

1. Failure to report for work detail of sentenced inmates without justifiable

reason;
2. Failure to render assistance to an injured personnel or inmates;
3. Failure to assist in putting out fires inside the jail;
4. Behaving improperly or acting boisterously during religious, social and other
group functions;
5. Swearing, cursing or using profane or defamatory language directed at other
persons;
6. Malingering or pretending to be sick to escape work assignment;
7. Spreading rumors or malicious intrigues to besmirch the honor of any person,
particularly to any BJMP personnel;
8. Failure to stand at attention and give due respect when confronted by or
reporting to any BJMP personnel;
9. Forcing fellow inmates to render personal service;
10.Exchanging uniforms or wearing clothes other than those issued for the
purpose of circumventing jail rules;
11.Loitering or being in an unauthorized place;
12.Using the telephone without the authority from the Desk Officer/ Warden;
13.Writing, defacing, or drawing on walls, floors, or any furniture or equipment;
14.Withholding information which may be inimical or prejudicial to the jail
administration;
15.Possession of lewd or pornographic literature or photograph;
16.Absence from cell, brigade, place of work during headcount, or at any time
without justifiable reason; and
17.Failure to turn over any implement/article issued after work.

The following are considered grave offenses:

14
 1. Making untruthful statements or lies in any official communication,
transaction or investigation;
2. Keeping or concealing keys or locks of places in the jail which are off-limits to
inmates;
3. Giving gifts, selling or bartering with jail personnel;
4. Keeping in possession money, jewelry, cigarettes, cellular phones or other
communication devices or other items classified as contraband under the
rules;
5. Tattooing others or allowing yourself to be tattooed on any part of the body,
or keeping any paraphernalia to be used in tattooing;
6. Forcibly taking or extorting money from fellow inmates and visitors;
7. Punishing or inflicting injury or any harm upon oneself or other inmates;
8. Receiving, keeping, selling, taking or drinking liquor and prohibited drugs;
9. Making, improvising or keeping any kind of deadly weapon;
10.Concealing or withholding information on plans of attempted escapes;
11.Unruly conduct and flagrant disregard of discipline and instructions;
12.Escaping, attempting or planning to escape from the institution or from any
guard;
13.Helping, aiding or abetting others to escape;
14.Fighting or causing any disturbance or participating therein and/or agitating
fellow inmates to cause such disturbance or riot;
15.Indecent, immoral or lascivious acts by oneself or allowing oneself to be the
subject of such indecent, immoral or lascivious acts;
16.Willful disobedience to a lawful order issued by any BJMP personnel;
17.Assaulting any BJMP personnel;
18.Damaging any government property or equipment;
19.Participating in any kangaroo court, an unauthorized or irregular court
conducted with disregard for or perversion of legal procedures as a mock
court;
20.Affiliating with any gang or faction whose main purpose is to foment
regionalism or to segregate from others;
21.Engaging in gambling or in any game of chance;
22.Failing to inform the authorities concerned when afflicted with any
communicable disease, such as tuberculosis, sexually transmitted disease,
etc.
23.Committing any act which is in violation of any law or ordinance, in which
case, you may be prosecuted criminally in accordance with law;
24.Committing any act prejudicial to good order and discipline; and
25.Engaging in illicit relationship with personnel.

Grievance Mechanism
Disciplinary Board
The Disciplinary Board is tasked to investigate the facts of an alleged
inmate’s infraction of jail rules and regulations. It hears and decides cases referred
to it within forty-eight hours from receipt of the case. In jails where there is no
Disciplinary Board because the composition thereof is not feasible due to personnel
limitations, the warden performs the Board’s functions as a Summary Disciplinary
Officer. In the hearing of disciplinary cases, the Disciplinary Board or the warden as
the case may be is provided with a procedure to follow. In any event, inmates are
assured that they are given the opportunity to present their side before the
disciplinary board or the warden may impose a sanction against them. Take note
that the following are the only disciplinary punishments allowed to be imposed by
the Disciplinary Board or the Warden, as the case may be (BJMP, 2015):
a. Reprimand;
b. Temporary or permanent cancellation of some or all recreational privileges;
c. Extra-fatigue duty for sentenced inmates;

15
 d. Close confinement in a cell (this will be imposed only on inmates who are
incorrigible and when other disciplinary measures are proven ineffective);
and
e. Transfer to another BJMP jail in the area upon coordination with the proper
court.
Pre – release treatment and reintegration program

Pre-release treatment
Muller-Paludan, (n.d.) explains pre-release treatment as measures applied in
an institution during the period preceding release and which are specially designed
to facilitate the difficult period of transition from institutional life to ordinary life
outside institution.
It is limited to the measures applied in the final stage of imprisonment and is
not identical with the general treatment applied during the serving of the sentence,
irrespective whether that treatment aims at fitting the prisoner psychologically,
temperamentally, pedagogically, or in other ways for his release and for life in the
community.
It aims at easing the transition from prison to freedom and helping the
prisoner to adjust himself in the free community.

Need for pre-release treatment

No matter how prisons are organized, or how much they try to resemble
normal society, the prison situation itself, which always involve a certain degree of
automatism and simplifying of life, makes it impossible to avoid regrettable effects
of imprisonment. Prison life is founded on various rules and regulations which are
necessary to maintain discipline and order and to safeguard the general treatment
applied, but this life is always become stereotyped and form its own static
community apart from the free community.
Pre-release treatment is carried out for the protection of society, which has to
carry the burdens, deal with difficulties, and suffer the detriment which results from
the release of prisoners not properly prepared for living in free society. The highest
percentage of recidivism is found within the first few months after release and can
be overcome only by proper preparation for release and extensive after care.

Elements of pre-release treatment

1. Establishment and maintenance of family and social relations
This is to give opportunity for the inmate to have contact with his family,
relatives and closest friends which is necessary for his readjustments in a free
society.

2. Individual counselling
In practice, this involves meetings with other person who come to see him
as, for example, members of the prisoners’ aid societies or after-care agencies.
In some instances, members of prison staff take care of this part.
Members of prisoners’ aid societies and after-care agencies are of special
importance in the pre-release treatment of prisoners, forming as they do the link
between them and their social relations outside the prison.

3. Group counselling
For some correctional institutions where individual counselling is difficult
because of insufficient correctional staff, group counselling could be of
importance. This is particularly when a group of imamates are about to be
released and when the problems facing them upon release are identical.

16
 4. Vocational training
Vocational training is not only a part of general treatment but also useful
in terms of pre-release treatment. This training aims at inculcating the habit of
work, which breeds self-reliance and responsibility, to discourage idleness that
has been traditional in correctional facilities.

5. Short leave outside the institution

This is a special program where inmates are permitted to leave the
correctional facility for a couple of hours, in some cases for a day, to give them a
chance of getting acquainted with life outside institution, to establish lost
contacts, to visit a future employer, to go to church, to go shopping, etc.

IT’S YOUR TURN

From the above foregoing discussions, answer the following question. Write
your answers in yellow pad papers.
1. Divide your yellow pad paper into two columns. List down at least 5 rights
of PDL. In the opposite column, write a discussion on the identified right. 5
points each (Total of 25)
2. Explain the function of the grievance committee/disciplinary board in jail.
10 points
3. Explain the purpose why an inmate is required to undergo pre – release
treatment prior to his reintegration to the community. 10 points

Rubrics for question number 1.

Excellent Good Fair Poor
Completenes Enumerated 5 1 right is not 2 rights not 3-4 rights are
s and rights of inmates included but with included and not included.
explanation with detailed clear discussion discussions are Some key
discussion somewhat points are
clear missing.
Shows clear Shows substantial Shows some Show a
Demonstrate understanding of understanding of understanding complete lack of
d knowledge the subject matter the subject matter with subject understanding
matter for the subject
matter
Total points 20 – 25 points 15 – 19 points 8 – 14 points 7 and less
points

This rubric is for question number 2 & 3.

Excellent Average Poor

Clarity of - Ideas are very Ideas are somewhat Ideas are confusing that
discussion rational and rational and cannot be understood
comprehensible comprehensible that
that strongly support the question
addressed the
question

Grammar and - There are 1 % - - There are 30% - - There are 60% or
presentation 20% errors in 50% errors in more errors in
grammar, grammar, grammar, sentence
sentence sentence construction,
construction, construction, spelling and
spelling and spelling and punctuation
punctuation. punctuation.
- Ideas are not
- Ideas are - Ideas are fairly logically presented.

17
 logically logically
presented presented.

Total 8-10 points 5-7 points 1-4 points

POST TEST
Let us know how you understood the topics. Read and understand the
following sentences or phrases then write “True” if the statement is true and
“False” if the statement is false. Write your answers in a yellow pad paper.
1. Inmates are allowed to receive and send letters from outside but subject
censorship by an authorized jail officer.
2. A prisoner after service of the sentence is immediately released to the
community where he is going to adjust for a free life style.
3. A PDL can be subjected to manual labor as a punishment for his misconduct.
4. Metal fork, spoon and plate could be used by inmates during breakfast.
5. In our country, inmates are using dormitory types for accommodation.
6. Pre-release treatment program aims of easing the transition from prison to
life in the community.
7. As part of reintegration program, inmates are permitted to leave prisons for
coffee in the neighborhood as a form of adjustment.
8. During transit of PDL, the required ratio should be 1 inmate – to – 1 + 1
personnel.
9. The maximum hours a PDL can view the remains of a dead relative is 5 hours
inclusive the time of travel.
10. A high profile inmate is one who adopts the principles of subversive groups.
11. Engaging in gambling or in any game of chance is a grave misconduct in
prison/jail.
12. Offering personal service to a jail officer is not allowed.
13. Rights of inmates while serving sentence can be suspended.
14.A city prisoner is one whose sentence is a prison term of one day to three
years.
15. During custodial guarding, a ratio of 1 personnel-to-24 inmates is observed.

REFERENCES

Muller-Paludan, B. (n.d.). Second united Nations Congress on the Prevention and the
Treatment of Offenders. A general report.
https://www.bjmp.gov.ph/images/files/Downloads/Legal_Forms/
Inmate_Orienation_Sheet.pdf
https://www.ohchr.org/en/professionalinterest/pages/treatmentofprisoners.aspx

(2015) Bureau of Jail Management and Penology

(2015) UN Resolution

18