CUSTODY

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CUSTODY, SECURITY AND  is a continuing state of good order and behavior.

It
includes the maintenance of good standards of work,
CONTROL, EMERGENCY PLANS, sanitation, safety, education, personal health and
MOVEMENT AND TRANSFER OF recreation.

PRISONER AND DETAINEES  The main objective of prison discipline is to inculcate


habits, attitudes and values that will make the
 The overall concept of jail security operations prisoners a peaceful and useful member of society
encompasses both prevention and rehabilitation. upon his release.
 These two efforts are inseparable as neither can be
accomplished without the other.
 Jail security is necessary to safeguard the lives of PRISON PREVENTIVE DISCIPLINE
people residing within the vicinity, those managing
 It involves prompt correction of minor deviations
the jails, and inmates whose lives are to be
before they become serious violations, which may be
rehabilitated to become constructive members of
dealt with a reprimand or warning and is used when
society.
the deviation is:

- Trivial;
AIMS OF INSTITUTIONAL SECURITY - due to ignorance or lack of understanding;
1. Prevention of escapes - result of careless of faulty habits
2. Control of contraband
3. Maintence of good order
SECURITY AND CONTROL
SECURITY A. Maintain strict control of firearms. Never permit any
 It involves safety measures to maintain the firearms inside the jail except in area where firearms
orderliness and discipline with the jail or prison. reauthorized.

CUSTODY B. maintain 24-hour supervision of inmates.


C. maintain a system of key control which shall include an
 defined as the guarding or penal safekeeping.
accurate listing of all keys and of receipting them. Never
 It involves security measures, locking and counting
permit the inmates to handle keys or to study them.
routines, procedures for searching prisoners and their
living quarters, and prevention of contraband. D. secure firearms and anti-riot equipment in the armory
where they shall be within easy reach of the jail guard and
CONTROL yet afford maximum security against access by offenders.
 It involves supervision of prisoners to ensure E. supervise the proper use and other potentially
punctual and orderly movement from one place work dangerous articles such as bottles, acids, kitchen knives,
program or assignment to another. etc., and keep them out of offenders’ reach when not in
use.
 it involves systematic measures taken in ensuring that
the movement of inmates are in accordance with
F. conduct regular inmates’ count at least four (4) times
standing policies, rules and regulations granted by the
within the 24-hour day-period. Establish procedures
court, and authorities.
which will ensure beyond doubt, that every offender is
physically present or accounted for, at every count.
G. conduct frequent surprise searches of offenders and
their quarters to detect contraband.
H. conduct frequent inspections of security facilities to
detect tampering or defects.
I. Guard against escapes, assault on jail personnel and
PRISON DISCIPLINE
inmates’ disturbances.
J. develop plans dealing with emergencies like escapes,
D. Result of each count of a group of
fires, assaults, riots and noise barrage. Make plans known
inmates is submitted to the Warden and/or
and understood by jail personnel.
Deputy Warden; and
K. never allow a jail guard to open the inmates’ cell alone.
E. If the total jail count does not tally with
At least, another guard should be present.
the total jail population in any given time,
L. select carefully the inmates to be assigned as orderly or a verification shall be made. An
aide and maintain rigid control over their activities. No immediate report shall be rendered to the
offender should be allowed to assume any of the authority Warden and/or Deputy Warden for any
which belongs to the jail staff or shall any inmate be unaccounted inmate.
allowed to exercise authority, supervision and control
over the prisoners.

DUTIES OF CUSTODIAL FORCE


A. Supervise and maintain order and discipline of inmates
housing units, those assembled for religious services, SECURITY PROCEDURES DURING MEAL
entertainment and athletics, during meals, classes, work SERVICE
details, baths and visits;
 Security measures must be considered in the serving
B. Censor offender’s mail;
of food inside the cells.
C. inspect security devices;  A jailer should not enter the cells of the inmates to
distribute food unless another officer is available to
D. maintain inner and outer perimeter security;
handle the keys and control the entrance door.
E. escort inmates to courts, other authorized places of
 When food distribution is to be undertaken with only
confinement and to hospitals in cases of emergencies;
one officer on duty, it is essential that the food shall
F. ensure custody and safety of those confined in jail; be served without unlocking the door if there is
G. escort visitors within the jail premises; danger of being overpowered by the inmate.

H. report any infringement of rules and regulations to


proper authorities; DINING ROOM SECURITY
I. Inform the Warden of any emergency case; A. As a general precaution, individual mess utensils
J. keep and maintain records of the inmates; of inmates shall be made of plastics.
B. When dining rooms are provided, the inmates
K. perform such other duties as may be assigned by should be marched in column of two’s along
competent jail authority designated routes under the supervision of one or
two jail personnel. Other officials may be
stationed along the route to direct the orderly
INMATE’S COUNT
movement of inmates to and from the mess hall.
 It is a part of institutional procedure that at specified C. There must be a roving supervisor to handle
times during each 24-hour period, all inmates are occasional disturbances or settle complaints.
physically counted. For this type of count, the general D. After meals, all utensils used by the inmates
procedure are as follows: should be collected. This should be strictly
a. Each inmate is counted physically at supervised by jail personnel; to be sure that no
specified times; utensils are brought out from the dining room.
E. Forks, spoons and other kitchen utensils should be
b. During the count, all movements of checked and accounted for after every meal.
inmates shall cease until the count is
completed;
C. The count must be accurate. A positive
verification must be made that inmates
are physically present;
FIRE PREVENTION RULES
 RULES Fires do not only cause financial losses but
also loss of lives and property. To prevent
occurrences of conflagration in jails and minimize its
effect if such occur, the following rules should be
MAIL CENSORSHIP
followed:
 Communication with relatives, friends and lawyers
are encouraged among inmates through a. Jail Warden must designate a smoking
correspondence. However, this privilege will be area for inmates;
extended to inmates subject to the following
b. Fire extinguishers should be placed in
regulations:
close proximity to all housing units and
should be located in strategic places in
A. Duly designated censor, a member
buildings, and work area;
of the custodial force will maintain and
record all incoming and outgoing c. Maintain a reserved water placed inside
mails of inmates; available drums or cans and some with san
placed in strategic places for ready use;
B. The inmate’s mail shall be opened
and searched only by qualified, d. Keys to all emergency exits, cells,
trained and authorized jail brigades and storage places of fire-
personnel. fighting equipment should be made available. Such
keys should have tags, marked distinctly to
C. Letters containing currency, checks or
avoid confusion during emergencies;
money should be marked with the amount
enclosed and deposited with the Trust e. Portable floodlights should be available in
Office/Property Custodian. The the control center for night fires; and
receiving officer should list down the f. Government equipment should be placed with
amount received on a receipt forming markings, tags or symbols to determine its priority
duplicate. The original receipt during evacuation phasing –In case of fire, inmates
signed by the receiving officer directly affected by the fire should be transferred to safety
should be kept for the record and in a cell or secured area away from the fire under
the duplicate copy should be given to the guard.
inmate for his information;
D. All greeting cards should be carefully
examined, and fillers of any kind
EMERGENCY PLANS
therein should be collected for  emergency plans for fires or conflagrations, riots or
laboratory examination; violent disturbances, jailbreaks and others should be
formulated to suit the physical structure and other
E. Photographs clearly within the scope factors peculiar to the individual jail.
of the jail regulations should be  Fire plan and the like should become a part of the
marked on the reversed side and operational plans which every jail is expected to
placed in the envelope; maintain.
 It is important that each participant must know his
particular role.

DIVERSIFICATION
 Is an administrative device of correctional institutions
of providing varied and flexible types of physical
plants for more effective custody, security and
control of the treatment programs of its diversified  Is a privilege granted to a prisoner that shall entitle
population. him to a deduction of his term of imprisonment.
 Istheprincipleofseparatinghomogenoustypeofprisoner
Under Art. 97, RPC,
s.
 Deals with these paration of inmates according to  the good conduct of any prisoner in any
age, sex, medical or mental condition and degree of penal institution shall entitle him to the
custody. following deduction from the period of
his sentence.
AIMS OF DIVERSIFICATION
 More effective execution of the treatment programs 1.During the first two years of his imprisonment,
 To prevent prisoners from moral and physical he shall be allowed a deduction of 5 days for each
contamination month of good behavior.
 To prevent unnecessary custodial risks
2.During the third to the fifth years of his
imprisonment, he shall be allowed a deduction of 8
HOW DIVERSIFICATION IS CARRIED OUT days each month of good behavior.
 It can be done either building special institution for
different classes of prisoners through proper 4. During the following years until the tenth years
segregation of inmates that is big institutions can be of his imprisonment, he shall be allowed a deduction
broken into smaller units. of 10 days each month of good behavior. During the
eleventh and the successive years of his
imprisonment, he shall be allowed a deduction of 15
FACTORS CONSIDERED IN days each month of good behavior.
DIVERSIFICATION:
1.Age-prisoners 18 years and below should desegrated

2.Sex-female and male are separated

3.Medical and Mental Conditions

4.Degree of custody
CRIMES INVOVING JAIL OFFICERS
 Delay in the Delivery of Detained Persons to the
Proper Judicial Authorities

12 HOURS. For crimes or offenses


punishable by light penalties

18 HOURS. For crimes or offences


punishable by correctional
penalties
CLASSIFICATION
 A method by which diagnosis, treatment, planning, 36 HOURS. For crimes or offenses
and execution of treatment programs are coordinated punishable by afflictive or
in the individual case. capital penalties
 Refers to the best program to be adopted for the
Arbitrary Detention
rehabilitation of inmates according to their needs and
existing resources.  committed where the detention of a person is without
legal grand
GOOD CONDUCT TIME ALLOWANCE Delaying Release
 committed by a public offices or employee who person who does not need to be hospitalized because
delays for the period of time his illness is considered less serious.
 Presidential Decree 968 otherwise known as the
“Adult Probation Law” approved and took effect on
Delivery of Prisoners From Jail July 24, 1976. Sec. 18 of it as amended states the
 The offender is a private individual creation of Probation Administration under the
 He removes a person confined in jail as a penal DOJ, which shall exercise general supervision over
institution all probationers.
 The means employed are violence, intimidation,
bribery Advantages of Probation
 The convicted criminal offender can continue to work
in his place of employment
 It prevents the tendency of broken homes
 A relieves prison congestion

COMMUNITY-BASED PAROLE

TREATMENT PROGRAMSAND  Is the process of suspending the sentence of a


convict after having served the minimum of his
OTHER TERMINOLOGIES sentence without granting him pardon, and
 Those programs are intended to treat criminal prescribing the terms upon which the sentence shall
offenders within the free community as alternatives be suspended.(Tradio)
to confinement.
 It includes all correctional activities directly BOARD OF PARDON AND PAROLE (BPP)
addressed to the offenders and aimed at helping him
A. A quasi-judicial body which was created under Act
to become a law abiding-citizen.
# 4103 otherwise known as the Indeterminate Sentence
Law of the Parole Law, the agency that grants parole to
PROBATION any prisoner who is qualified to enjoy its benefit.

 It is a disposition whereby a defendant, after B. It employs the service of Parole Officers in


conviction of an offence, the penalty of which does providing supervision and guidance to parolees.
not exceed 6 years of imprisonment, is released
subject to the conditions imposed by the releasing RELATED LAWS
court and under the supervision of a probation
officer. 1.ACT No. 4103 - Indeterminate Sentence Law
 Probation is a substitute for imprisonment, the 2.Act No. 3315 - also known as the law on working
probationer is compared to an outpatient, a sick detention.
3.Act No. 3326 - also known as a of Prescription of
Penalty.
4.ACT 3316 - the formal basis on the grant of Good
Conduct Time Allowance for prisoners.
5.Act. No-6036 - Law on Release on Recognizance
(ROR).
6.E.O. 292 - Administrative Code of1987 OTHER TERMINOLOGIES
7.P.D. 28 - Law establishing Regional prisons.
AMNESTY
8.P.D. 968 - Adult Probation Law  A general pardon extended to a class of person or
9.Republic Act 7659 - also known as an Act imposing the who maybe guilty of political offenses.
Death Penalty BENIGN NEGLECT
10.Republic Act 8177 - law imposing lethal injection  The slighting of female offenders’ special problems
and needs, particularly in the provision of programs
11. Republic Act 9346 - law abolishing death penalty and services.
12.Republic Act 6981 - Witness Protection Program BONDSMAN
13.Republic Act 7438 - an act defining the right of the  An independent businessperson who provides bail
accused money for a free, usually 5 to 10 percent of the total.
14.Republic Act 6127 - Grant of full-time credit period of BOOKING
preventive detention, which fully deducts the period of the  A police administrative action officially recording an
offender’s preventive imprisonment detention from the arrest and identifying the person, place, time, the
sentence imposed by the court. arresting authority and the reason for the arrest.
15.Republic Act 4203 - a law which creates the Board of CARPETA
Pardon and Parole, to look into the physical, mental and  otherwise known as inmate record or jacket, it
moral record of convicted offenders in order to determine contains the personal and criminal record of the
who shall be eligible for parole, probation and pardon. inmate
16.Republic Act 6975 – DILG Act of1990 COMMUTATION
17.Republic Act 9263 – Professionalization Act of BFP  An act of the president changing/reducing a heavier
and BJMP2004 sentence to a lighter one or a longer term into shorter
term. It may alter Death Sentence to Life Sentence or
a Life Sentence to a term of years.
COMMITMENT
 the entrusting for confinement of an inmate to a jail
by a competent court or authority, for purposes of
investigating the individual’s offense or
transgression of laws.
COMMITMENT ORDER
 A written order of the court or any other competent
authority consigning an offender to a jail or prison
for confinement.
CONTRABAND
 Any article, item, or thing prohibited by law/ or
forbidden by jail rules.

DESTIERRO
 The penalty of banishing a person from a place where  The temporary custody of a person for his own
he committed a crime prohibiting him to get near or protection, safety and care; and or his security from
enter the 25-kilometer perimeter. harm, injury or danger for the liability he has
committed.
EXPUNGE
 The sealing or purging of arrest, criminal, or juvenile SENTENCE
record information  The penalty imposed by a court on a convicted
person, or the court’s decision to suspend imposition
HOME DETENTION
or execution of the penalty.
 The release of a sentenced inmate from a correctional
institution to his or her own home with the stipulation SPECIAL TIME ALLOWANCE
that the inmate may leave only to go to work.  A deduction of one-fifth of the period of the sentence
of any prisoners who reward the service of sentence
INDETERMINATE SENTENCE
 A period of incarceration set by a judge as a UTILITARIANISM
minimum term that must be served before a decision  The doctrine that the aim of all action should be
on parole eligibility is made and a maximum form at the greatest possible balance of pleasure over
the conclusion of which the sentence has been pain, hence, the belief that a punishment inflicted
completed. on an offender must achieve enough good to
outweigh the pain inflicted.
INSTITUTIONAL CAPACITY
 The officially stated number of inmates or residents WORK RELEASE
that a correctional facility is designed to  The released of sentenced inmate from a correctional
house, exclusive of extra-ordinary arrangements institution foe work during the day, the inmate must
to accommodate overcrowded conditions. spend nights and weekends in the facility.
INMATE CODE
 A set of rules of conduct that reflect the values and
norms of the prison social system and help to define
for inmates the characteristics associated with the
model prisoner
MANDATORY RELEASE
 The required release of an inmate from incarceration
upon the expiration of a certain time period as
stipulated by a determinate sentencing law or parole
guidelines. PUNISHABLE ACTS OF INMATES
MITTIMUS  MINOR OFFENSES
 A warrant issued by the court bearing its seal 1)Selling or bartering with fellow inmate of items not
and the signature of the judge, directing the jail or classified as contraband
prison authorities to receive inmates for custody 2)Rendering personal service to fellow inmate.
or service of sentence imposed therein.
3)Untidy or dirty in his personal appearance.
PREVENTIVE DETENTION 4)Littering or failing to maintain cleanliness and
 The detention of an accused in prison or in jail for the orderliness in his quarters and/or surroundings.
purpose of protecting the community from
5)Making frivolous or groundless complaints.
crimes, the accused is considered likely to commit
if he or she is set free pending from trial. 6)Taking the cudgels for or reporting complaints on
behalf of other inmates.
PRISONIZATION
 The process by which a new inmate absorbs the 7)Late in inmate formation without justifiable reasons.
customs of the prison society and learns to adapt to 8)Willful waste of food.
the environment.
SAFEKEEPING  LESS GRAVEOFFENSES
1)Failure to report for work detail without sufficient
3)Giving gifts, selling to, or bartering with jail personnel.
justification.
4)Keeping his possession money, jewelry, or other
2)Failure to render assistance to an injured personnel or contraband which the rules prohibit.
inmate.
5)Tattooing other or allowing himself to be tattooed on
3)Failure to assist in putting out fires inside the jail. any part of the body, or keeping any paraphernalia to be
used in tattooing.
4)Acting boisterously during religious, social and other
group functions. 6)Forcibly taking or extracting money from fellow
inmates.
5)Swearing, cursing or using profane or defamatory
language, directed personally towards other persons. 7)Punishing or inflicting injury or harm upon himself or
other inmates.
6)Malingering or feigning illness to escape work
assignment. 8)Receiving, keeping, taking or imbibing liquor and other
prohibited drugs.
7)Spreading rumors or maliciously intriguing against the
honor of any person including members of the custodial 9)Making, improvising or keeping any kind of deadly
force. weapon.
8)Falling to stand at attention and give due respect when 10)Concealing or withholding information on plans of
confronted by or reporting to any officer or member of the attempted escapes.
custodial force.
11)Unruly conduct and behavior and flagrant disregard of
9)Forcing fellow inmates to render personal service to discipline and instructions.
himself and/or others.
12)Escaping, attempting or planning to escape from the
10)Exchanging uniform or wearing clothes other than
institution or from any guard.
those issued to him for the purpose of circumventing jail
rules. 13)Helping, aiding or abetting others to escape.
11)Loitering or being in an unauthorized place. 14)Fighting, causing any disturbance or participating
therein and/or agitating to cause such disturbance or riot.
12)Using the telephone without authority form the Desk
Officer/Warden. 15)Indecent, immoral or lascivious acts by himself or
others and/or allowing to be the subject of such indecent,
13)Writing, defacing, or drawing on walls, floors or any
immoral or lascivious acts.
furniture or equipment.
16)Willful disobedience to a lawful order issued by an
14)Withholding information which is inimical and
officer or member of the custodial force.
prejudicial to the jail administration.
17)Assaulting any officer or member of the custodial
15)Possession of led or pornographic literature and/or
force.
photographs.
18)Assaulting any officer or member of the custodial
16)Absence from cell, brigade place of work during head
force.
count, or any time without justifiable reason.
19)Participating in any kangaroo court, an unauthorized or
17)Failing to turnover any implements/articles issued after
irregular court conducted with disregard for or perversion
the work detail.
of legal procedures as a mock court by inmates in a
18)Committing any act prejudicial to or which is not jail/prison.
necessary to good order and discipline.
20)Affiliating oneself to any gang or faction whose main
purpose is to foment regionalism or to segregate
 GRAVEOFFENSES
themselves to foment regionalism or to segregate
themselves from others.
1)Making untruthful statements or lies in official
communication, transaction, or investigation. 21)Failing to inform the authorities concerned when
afflicted with any communicable disease, like VD,etc.
2)Keeping or concealing keys or locks of places in the jail
where it is off-limits to inmates. 22)Engaged in gambling or any game of chance.
23)Committing any act which is in violation of any law or
ordinance, in which case, he shall separately be
prosecuted criminally in accordance with law.

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