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St.

Louis College of Bulanao


Purok 6, Bulanao, Tabuk City, Kalinga 3800

TITLE/TOPIC
INSTITUTIONAL CORRECTION

LESSON 6
TRANSFER OF INMATES

I. INTRODUCTION

In these topics, we will discuss the primary procedures of transferring inmates and the outside
movements of inmates or offenders; the practice of their rights and privileges inside the correction or jail.

II. LEARNING OUTCOMES


At the end of the lesson, the students will be able to:
 Recognize the procedures of transferring inmates
 Discuss the instances when to move inmate outside the prison facility.
 Critique the privileges given to every inmates or offender.

III. COURSE CONTENT


TRANSFER OF INMATES- An inmate may be transferred by the Prison Director upon the
recommendation of the Superintendent concerned to another prison facility to bring said inmate closer to
family or as part of his rehabilitation program.

Transfer of an insane inmate - an inmate who has been confirmed to be mentally abnormal or insane
maybe transferred to mental hospital with the approval of the Prison Director.

Transfer of an inmate to a stockade of the Arm Forces of the Philippines - the confinement of an
inmate maybe transferred to an AFP stockade provided the inmate is certified as minimum security risk
and does not belong to any of the following categories:
a. Inmate serving a life term or sentence to death;
b. Inmate with previous record of escape;
c. Recidivist;
d. Inmate serving a crime involving moral turpitude
e. Female Inmate;
f. Inmate who has been previously transferred to an AFP stockade and was returned to prison for cause;
Inmate who is more than 50 years of age or who can longer perform manual work;
g. Inmate who is a permanent resident of a place within a radius of one hundred (100) kilometres from
the AFP stockade where he is being transferred; or Inmate with a pending case or who is a witness in
any pending criminal case.

Transfer of inmates not eligible to be a colonist to a prison and penal farm-upon the recommendation
of the Classification Board. The director may also transfer to a prison and penal farm an inmate who,
although not eligible for classification as a colonist:
a. physically and psychologically fit to absorb the rehabilitative program in the colony; and
b. that such assignment is therapeutically indicated.

Transfer of an inmate to provincial jail and vice versa- the President of the Philippines may direct the,
as the occasion may require the transfer of inmates from the national prison to a provincial jail or vice
versa. The expenses for such transfer shall be borne by the Bureau except the cost of escort service which
shall be provided by the Philippine National Police.

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Mental and Physical examination of inmate to be transferred- the inmate shall be given a mental and
physical examination prior to their transfer.

OUTSIDE MOVEMENTS OF INMATES


Movement of inmate outside confinement facility- the Superintendent of the prison may authorize an
inmate to be taken out of prison in the following instances:
a. to appear in court or other government agency as directed by the competent authority;
b. for medical examination/ treatment or hospitalization in an outside clinic or hospital;
c. to view the remains of a deceased relative.

Approval by a Secretary of outside movements -prior approval or the Secretary of Justice shall be
required for the outside movements of an NBP or CIW inmates as provided in paragraphs a, b and c
above.

Outside movement of the Death Convicts -a 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 ailments,
diagnosis cannot be done or the treatment in the prison hospital.

BASIS OF COURT APPEARANCE - the court appearance of inmates shall be based on subpoena
issued by the court as endorsed by the director.

Court Appearance of life termer or death convict - no inmate sentenced to death or life imprisonment
confined in the NBP shall be brought outside said prison for appearance or attendance in any court except
when the Supreme Court authorized the presiding judge of said court upon proper application to affect the
transfer of said inmates. The NBP Cavite and Laguna who require the appearance or attendance in any
judicial proceeding of an NBP death convict or life, termer to conduct such proceeding within the
premises of the said prison.

Application to view the remain of deceased relative with supporting documents- a minimum or
medium security inmates may; upon written application be allowed by the Superintendent to View the
remains of the following relatives upon written application and submission of the original or certified true
copies of the death certificate; the burial permit, and the documents specified hereunder
a. wife or husband (Marriage contract)
b. Child (birth certificate and the marriage certificate of the inmates)
c. Brother/Sister (birth certificate of the brother/sister and birth certificate of the inmates)
d. Father/Mother (birth certificate of the inmates)
e. Grand children birth certificate of the grand child and of the letters of parents who maybe son or
daughter of the inmates.

When to file Application - the application to view the remains of a deceased relative and all its
supporting documents shall be filed with the superintendent at least two (2) days before the enjoyment of
the privilege sought.

Duration of Privilege -the inmate maybe allowed more or less three (3) hours to view the deceased
relative in the place where the remains lie in state but shall not be allowed to pass any other place in
transit; or to join funeral cortège.

Distance of' Travel - the privilege maybe enjoyed only if the deceased relative is in place within a radius
of thirty (30) kilometres by road from the prison, where the distance is more than 30 kilometres; the
Privilege may be extended if the inmates can leave and return to his place of confinement during day time
of the same date.

RIGHTS AND PRIVILIGE OF INMATES


Rights of Inmates- An inmate shall have the following basic rights:
a. to receive compensation for labor they perform;
b. to be credited with time allowances for good conduct and loyalty;
c. to send and receive mail matters;

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d. to practice their religion or observe their faith;
e. to receive authorize visitors;
f. to ventilate their grievances through proper channels; and to receive death benefits and pecuniary aid
for injuries.

Privileges of Inmates The following privileges shall also be extended to an inmate:


a. attend or participate in any entertainment or athletic activity within the prison reservation
b. read books and other reading materials in the library
c. smoke cigar and cigarettes, except in prohibited places;
d. participate in civic, religious, and other activities authorize by prison authorities; and
e. receive gifts and prepared food from visitors subject to inspection.

RIGHTS OF DETAINEE -a detainee may, aside from the rights and privileges enjoyed by a finally
convicted inmate to wear civilian clothes, to grow his hair in his customary style (Correctional Operating
Manual (1998).

IV. ASSESSMENT

GENERAL INSTRUCTION: Read each question very carefully. Answer legibly, clearly and
concisely. Write your answer on a yellow pad paper. Do not write anything at the back of your
answer sheet. You may use another sheet of paper until completed. Students who are residing in
Tabuk should submit it personally to the CJJE OFFICE on April 13, 2022 (or you may submit it
earlier).

I. LEARNING CHECK:
1. Mr. Dee Magiba wants to visit his mother’s remains. What are the requirement’s
he need to comply before moving outside the penal institution?
2. What are the instances where inmates can leave outside the confinement facility?
3. Among the privileges and rights given to inmates, what do you think contributes
the most in the reformation and rehabilitation of inmates?
V. REFERENCES
 Revisa,Villaluz, Panganoron. “Institutional Correction.” Wiseman Books Trading, Inc.,2020

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REYNA DUMAGUING-SIBATON

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