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Crim Prof 221 – Institutional Corrections It is that field of criminal justice administration which utilizes the body of knowledge

tration which utilizes the body of knowledge and


practices of the government and the society in general involving the processes of handling individuals
who have been convicted of offenses for purposes of crime prevention and control.
INTRODUCTION
It is the study of the jail/prison management and administration as well as the rehabilitation
Prison institution designed to securely house people who have been convicted of crimes.
and reformation of criminals.
These individuals, known as prisoners or inmates (Person Deprived of Liberty) one kept in
continuous custody on a long-term basis. Individuals who commit the commit serious crime one sent It is a generic term that includes all government agencies, facilities, programs, procedures,
to prison for one or more years the more serious the offense, the longer the prison term imposed. For personnel, and techniques concerned with the investigation, intake, custody, confinement,
certain crimes, such as murder, offenders may be sentenced to prison for the remainder of their supervision, or treatment of alleged offenders.
lifetime.
Correction as Process
Who individual are accused of violating criminal law, they are tried in a court and either
convicted (found guilty) or acquitted (found not guilty). A person who is convicted is then sentenced- From the moment the suspect is convicted in court he is immediately transferred to the
that is, assigned a specific punishment. The sentence may involve fines, probation (supervised correction institution for reformation and rehabilitation to prevent him or her from repeating his
release), or incarceration (confirmation). Judges may sentence first-time offenders to probation delinquent actions without the necessary of taking punitive action but rather introduction of
instead of incarceration. Offenders convicted of more serious crimes and those who have prior individual measures of reformation until he completed the rehabilitation process that he will be
criminal records may be sentenced to incarceration in either a jail or a prison, depending on the nature reunited with the community.
of the crime. Role of Correction in the CJS
CHAPTER 1 The criminal justice system comprises many distinct stages, including arrest, prosecution,
BASIC CONCEPTS trial, sentencing, and punishment (quite often in the form of imprisonment). Correction is concerned
with and operates as society’s primary dispenses of punishment. Correction is more than simply a
The Philippine Prison System adopted two (2) approaches in treating criminal offenders. These are nice term for punishment. As the root word of the correction implies, it focuses on correcting a
the; problem or serving problems in the society. Correction is defined as the systematic and organized
efforts directed by a society that attempt to punish offenders, protect the public from offenders,
1. Institutional-Based Treatment Program-
change offender’s behavior and in some cases may compensate victim.
The confinement of criminal offenders inside the jail or prison to serve their sentenced by the
The Criminal Justice System is the machinery of any government in the control and
court where institutional programs are applied to reform and rehabilitate criminals for better
prevention of crimes and criminality. It is composed of the pillars of Justice such as: the police,
individuality.
prosecution, court, correction and the community. Correction as one of the pillars of the Criminal
2. The Community-Based Treatment Program Justice System is considered as the weakest pillar. This is because of the failure to deter individuals in
committing crimes as well as the reformation of inmates. This is evident in the increasing number of
Are those programs that are intended to treat criminal offenders with in the community as inmates in jails or prisons. Hence, the need of prison management is necessary to rehabilitate inmates
alternative to confinement. It includes all correctional activities directly addressed to the and transform them to become law abiding citizens after their release.
offender and aimed at helping him to become a law-abiding citizen.
What is Rehabilitation?
What is Correction?
Means; to restore to useful life, as through therapy and education or to restore to good
A branch of the criminal justice system concerned with the supervision and rehabilitation of condition, operation, or capacity. The assumption of rehabilitation is thar people are not natively
criminal offenders. criminal and that it is possible to restore to useful life, to a life in which they contribute to themselves
and to society. Rather than punishing; the harm out of a criminal, rehabilitation would seek by means
of education or therapy, to bring a criminal into a more normal state of mind, or into an attitude which The state has the only power to punish individual who transgress the law.
would be helpful to society, rather than be harmful to society.
Who impose sentence to criminal offenders?
Rehabilitation is simply the process of changing offenders’ pattern of criminal behavior and
The court has the only power to sentence a person who commits a wrong act.
reforming them into law abiding and productive citizens through the implementation of training or
therapy in jails. Rehabilitation is designed to encourage criminal offenders to return to the fold of
justice and enhance their self-respect, dignity and sense of responsibility towards their family and the
community.
Correctional Administration CHAPTER 2

The study and practice of a systematic management of jails or prisons and other institutions DEVELOPMENT OF MODERN CORRECTIONAL
concerned with the custody, treatment, and rehabilitation of criminal offenders. CONCEPTS AND STANDARDS

Penal Management
Historical Perspective in Correction
Refers to the manner or practice of managing or controlling places of confinement as in jails
oR prisons. 13TH Century – Securing Sanctuary

What is Penology? In the 13th century a criminal could avoid punishment by claiming refugee in a church for a
period of 90 days, at the end of which time he is compelled to leave the realm by a road or
Study of punishment for crime or criminal offenders. It includes the study of control and path assigned to him.
prevention of crime through criminal offenders.
1468 (England)
The term is derived from the Latin word “POENA” which means pain or suffering. Penology
otherwise known as Penal Science. It is actually a division of criminology that deals with prison Torture as a form of punishment became prevalent.
management and the treatment of offenders, and concerned itself with the philosophy and practice of 16th Century
society in its effort to repress criminal activities.
Transportation of criminals in England was authorized. At the end of the 16 th century Russia
Penology is a branch of Criminology. and other European countries followed this system. It partially relieved overcrowding of
Principal Aims of Penology; prisons. Transportation was abandoned in 1826.

1. To bring light in the ethical barriers of punishment, along with the motives and purpose of Mid-16th Century
society inflicting it. The period of the first house of correction appeared in England, on the petition of Bishop
2. To make comparative study of penal laws and procedures through history between nations. Ridley of London for help in dealing with the sturdy vagabonds of the city.
3. To evaluate the social consequences of the policies enforced at a given time.
17th Century to late 18th Century – Death penalty became prevalent as a form of punishment.
Miscellaneous Questions on Correction 1872 - The first international prison Congress was held in London.
What is the legal way of punishing criminals from wrong doing? 19th Century - The period of major development of correction with the almost emergence of parole
Incarceration or imprisonment is the legal way of punishing criminals. and probation.

Who punish criminal offenders?


1787 -The first fleet transported 564 males and 162 females’ prisons on the 8 th month voyage to the Once known as the HOUSE OF HALFWAY TO HELL. Located in Devonshire, England;
present site of Sydney, Australia. originally constructed to house French Prisoners.
1790 -The Pennsylvania Reform Act of 1790 It abolished corporal punishment and limited Thames River
capital offenses were reduced to only one that is first degree murder. Imprisonment at hard
Located in South of England where in 1776, prisoners were employed for a year to cleanse
labor was instituted as punishment for other serious crimes.
and build a Royal Dock in River Thames. The prisoners were quartered in hulks anchored in
1870-1880 - The Golden Age of Penology the Thames until 1807 and at Gibraltar until 1875.
1934 -The league of Nations adopted the Standard Minimum Rules for the treatment of prisoners. Milibank Penitentiary
1954 - The American Prison Association was renamed the American Colonial Association. (1812-1821)- First English Prison
1955 -United Nation preferred to identify its activities and programs under the broader concept of The New Gate Prison
social defense rather than correction.
An abandoned copper mine located at Simsbury, Connecticut, the inmates are confined
Historical Places underground and considered as black hole of horrors.
Ancient Rome The Auburn Prison
A nation who pioneered banishment as a form of punishment. (otherwise known as Congregate System, Silent System) – was established in 1816 the
original design of the prison included but William Britten, the first warden, made each double
Berlin
cell into solitary cells. Characterized by locking the inmates in separate cells at night but
The country where the last burning at the stake was made, until 1786. worked together in enforced silence in congregated workshops during day. This was the first
recorded time single cell construction was used in the world. Auburn Prison’s name was
Australia changed in 1970 to Auburn Correctional Facility. It continues to be a walled, maximum
Place where after the American gained their independence from England in 1786, the security prison for male felons.
prisoners of England were transferred until 1767. Pennsylvania Prison
Indiana and Massachusetts (Otherwise known as Solitary System-Separate System) – its features consisted in solitary
The first separate institutions for women were established. confinement of the prisoners in individual cells day and night, where they lived, slept,
received religious instructions, and read the bible and given work. Silence was also enforced.
St. Bridget’s Well
Alcatraz
(1552) -First House of Correction (England for locking-up and whipping beggars, prostitutes,
and night walkers of all sort. Located in the Middle of San Francisco Bay in California. It was formerly used as Military
Stockade and later as a Maximum-Security Prison. The most expensive prison in history.
The Panoptican
Alcatraz was named after a bird. In 1775 Spanish explorer Juan Manuel de Ayala noticed the
The Panoptican or Inspection of Prison House is a building plan made by Jeremy Bentham, a island while charting San Francisco Bay and named it “The Isle of the Pelicans” (Alcatraces
noted English exponent of the classical school of criminology, which is called for tank in Spanish). And it was left to the birds until the early 1850’s when U.S. Army engineers
structure, covered by a glass roof. surveyed the island and blasted the sides, to make it more suitable as a fort.
Dartmoor Prison
Today, Alcatraz is a world-famous located, and as recognizable a symbol of San Francisco as Walnut Street Jail
the Golden Gate Bridge. As many as 4000 tourists come to the island each day, to view this
Originally constructed as a detention jail in Philadelphia. It was converted into a state prison
slice of history. While most come to see the notorious prison, many leave impressed with the
and became the first American Penitentiary. In 1970, the Walnut Street Jail in Philadelphia
scope of the island’s history and the diversity of birds and flowers to be found there. The
became what is commonly regarded as the nation’s first state prison, when it was converted
National Park Service has adopted a policy of “arrested decay”, to maintain Alcatraz as it
from simple holding facility into a prison by the to which offenders could be sentenced for
looked at various stages of its historical development. But for those still living who worked
their crimes. It was converted by the Pennsylvania Quakers, following the legacy of William
and served time on “The Rock”, Alcatraz is not dead history but a living memory.
Penn, intended to introduce religious and human principles into the handling offenders.
GAOLS Inmates in Philadelphia Penitentiary were held in solitary confinement and were expected to
wrestle with the evil they harbored. The prisoners work eight to ten hour a day and received
(Jails) Pretrial detention facilities operated by English Sheriff.
religious instruction. Prisoners were allowed to talk only in the night room before retiring.
Galleys
It has been called the Birthplace of the prison system.
Long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A type
Early Prison in the Philippines
of ship used for transportation of criminals in the late 18 th century.
The Old Bilibid Prison, established on June 25, 1865 under Spanish Royal Decree, then known as
Hulks
Carcel y Presidio Correccional (Spanish, “Correctional Jail and Military Prison’) occupied a
Decrepit transport, former worship converted into prisons as means of relieving congestions rectangular piece of land which was part of Mayhalique Estate in the heart of Manila. Due to
of prisoner. They were also called “floating hells”. increasing

HISTORICAL DEVELOPMENT OF CORRECTIONS The Two Rival Prison System in the History of Corrections

The transition of corruption punishment to prison as punishment took place in the eighteenth The Auburn Prison System
century in 1704, for example, Pope Clement XI erected the papal prison of San Michel in Rome. In
(New York System-Congregate-Silent System) – was established in 1816. 1796, New York
1773, the prison in Ghent, Belgium, was established by Hippolyte Villain galleys and decreasing for
passed a law that provide for the building of two prisons. The first, built in New York City,
transportation. Needing new arrangement for handling prisoners, she legalized the use of “Hulks”,
was called Newgate 1797. The second, was Auburn in 1817. The original design of the prison
which were usually “broken down” war vessels. By 1828, there were at least four thousand convicts
included 61 double cells but William Britte, the first warden, made each double cell into
confined imprisoning hulks.
solitary cells thinking it would be easier to handle separated convicts. This was the first
Early Prisons recorded time single cell construction was used in the world. During Auburn Prison early
year, visitors from across America and Europe came to see the prison. Among its feature
Mamertine Prison were the confinement of prisoners in single cells at night and congregation at work in shops
The only early Roman place of confinement, which is built under the main sewer of Rome in during the day. Complete silence was enforced. The plan included the stripped suit, close
64 B.C. The early Roman place of confinement which is built under the main sewer of Rome cropped hair, locksmith, and harsh punishment, which included beating and flogging. Its
in 64 B.C. system was considered more advantageous because it has been observed that prisoners can
finish more articles when they work in group that working alone in their individual cells.
Bridewell Workhouse Discipline was strictly enforced at Auburn.
The first most popular workhouse in 1570 located in London which was built for the Pennsylvania Prison System
employment and housing of England prisoners. Built in 1557 in London for the employment
and housing of English prisoners.
(Solitary System-Separate System) – its features consisted in solitary confinement of the sleeping, segregation of youth provision of sanitation facilities abolition of free system by
prisoners in individual cells day and night, where they lived, slept, received religious which jailers obtained money of prisoners. He wrote the “state of prisons” published in 1777.
instructions and read the bible and given work. Silence was also enforced.
THE REFORMATORY MOVEMENT (18th century called the Age of Enlightenment)
THE AGE OF ENLIGHTENMENT (1876-1890)

18th Century is a century of change; it is the period of recognizing human dignity. It is the Alexander Mocanochie
movement of reformation, the period of introduction of certain reform in the correctional field by
He was the superintendent of the penal colony at Norfolk Island in Australia (1848), who
certain person, gradually changing the old positive philosophy of punishment to a more humane
introduces the “Mark System”. A system in which a prisoner is required to earn numbers of
treatment of prisoners with innovational programs.
marks based on proper department, labor and study in order to entitle him for a ticket for
The Pioneers: leave or conditional release which similar to parole.

1. William Penn (1614-1718) Mocanochie’s Marks System consisted of five stages

-He fought for religious freedom and individual rights. 1. Strict custody upon admission to the penal colony
2. Works on government gangs
- He is the first leader to prescribe imprisonment as correctional treatment for major offense. 3. Limited freedom on the within a prescribed area
- He is also responsible for the abolition of death penalty and torture as form of punishment. 4. Ticket of leave, and
5. Full restoration of Liberty
2. Charles Montesquieu (Charles Louis Secondat, Beron de la Brode et de Montesquieu)
He also introduced other progressive measures such as fair disciplinary trial building of
(1694-1778) he French historian and philosopher who analyzed law as an expression of
churches, distributing books, and permitting prisoners to tend sr gardens.
justice. He believed that harsh punishment could undermine morality and that appealing to
moral sentiments as a letter means of preventing crime. Manuel Montesimos
3. VOLTAIRE (Francois Marie Arouet) The director of Prisons in Valencia Spain (1835) who divided the number of prisoners into
companies and appointed certain prisoners as petty flowers in charge, which allowed the
(1694-1778) – he was the most versatile of all philosophers during this period. He believes
reduction of the inmates’ sentence by one third (1/3) behavior, offered training to prepare the
that fear of shame was a deterrent to crime he fought the legality-sanctioned practice torture.
convicts for return to society.
4. Cesare Beccaria (Cesare Bonesa marchese de Beccaria)
Domets of France
He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exciting on law
during this century. It presented the humanistic goal of law. Established an agricultural colony for delinquent boys in 1839 providing house fathers as in
5. Jeremy Bentam charge of these boys.
(1748-16320 – the greatest leader in the reform of English Criminal law. He believes that
whatever punishment designed to negate whatever pleasure or gain the criminal derives from Sir Evelyn Ruggles Brise
crime rate would rate go down. Bentham was the one who devise the ultimate Panoptical The director of the English prison who opened the Borstal Institution after visiting Elmira
prison – a prison that consist of a large circular building contain in multi cells around the Reformatory in 1897. The Borstal Institution is considered as the best reform institution for
periphery it was never built. young offenders today. This system was based entirely on the individualized treatment.
6. John Howard
(1726-1790) – the sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison
reform after his findings on English Prisons, he recommended the following single cells for
Walter Crofton
He was the director of the Irish Prison in 1854 who introduced the Irish System that was the three, it was Roman Law that has the most lasting and most pervading influence. The Roman
modified from the Mocanochie’s Mark System. Which was later called Progressive Stage Private Law, which includes criminal law, especially has offered the most adequate basic concepts
system. which sharply define, in concise and inconsistent, terminology, mature rules and a complete system,
logical and firm, tempered with a high sense of equity.
Zebulon Brockway
1. Babylonian and Sumerian Codes
The director of the Elmira Reformatory in New York (1876) who introduced a new
a. Code of King Hammurabi (Hammurabi Code) – Babylon (the capital of Babylonia, on
institutional program for boys, 16 to 30 years of age. Under this program:
the Euphrates River, noted for luxury and wickedness) about 1990 BC, credited as the
a. A new prisoner was classified as second grace, oldest code prescribing savage punishment, but in fact, Sumerian codes were nearly one
b. Promoted to first grade after six months of good behavior, hundred years older.
c. Another six months of good behavior for one month before he could be reclassified to A code named after a person who firstly adopted the principle “eye for an eye, and a
second grade. tooth for a tooth” in the imposition of punishment.
2. Roman and Greek Codes
The ELMIRA REFORMATORY – is considered as the forerunner of modern a. Justinian Code – 6th C.A.D., Emperor Justinian of Rome (the ancient Italian kingdom
penology because it had all the element of a modern correctional system, among which republic, and empire whose capital was the city of Rome) wrote his new code of law. An
its emphasis was placed on educational and trade training opportunity for parole and effort to match a desirable amount of punishment to all possible crimes. However, the
classification of inmates according to conduct. law did not survive due to the fall of the Roman empire but left a foundation of western
Opened in 1876 it rejected 19 th century penology holy trinity of Silence, Obedience legal codes.
and Labor. Elmira goal would be reform of the convict and its methods would be
psychological rather than physical. Instead of coercing with the lash, Elmira would The Twelve Tables (XII Tabulate), (431-450 BC) represented by earliest codification of
encourage with rewards. Mass regimentation would yield to classification and Roman Law incorporated in the Justinian Code. It is the foundation of all public and
individualized treatment. Instead of fixed to fit the crime, the indeterminate sentence private law of the Romans until the time of Justinian. It is also a collection of legal
would be adjustable to fit the criminal rather than release after the offenders ``paid his principles engraved on metal tablets and set up on the forum.
dept to society” the parole procedure would assure he did not begin running up a new lab
Elmira quickly redefined the term “reform” until them understood only in purely b. Greek Code of Draco – in Greece (a republic in south Europe) the Code of Draco, harsh
religious term. code that provides the same punishment for both citizens and the slaves as it incorporates
The greatest contribution of the Elmira reformatory system was its emphasis on primitive concept. (Vengeance, Blood Feuds).
rehabilitation through education and the use of the indeterminate sentence and parole. The Greeks were in the first society to allow any citizen to prosecute the offender in
Brockway rejected pointless hard labor, a regime of license, religious and morality the name of the injured party.
lecture, and strict obedience enforced by brutality. Focused on reformation and education 3. The Burgundian Code – Specified punishment according to the social class of the offenders,
to mold each prisoner so that he or she could be returned to society. Among the programs dividing them into nobles, middle class and lower class and specifying value of the life of
begun at the reformatory included courses in ethics and religion, vocational training in each person according to social status. (500 A.D.)
various trades and extra-curricular activities such as prison bond, newspaper and various
EARLY CODES (PHILIPPINES)
athletic leagues.
The Philippines is one of the many countries that came under the influence of the Roman
EARLY CODES
Law. History has shown that the Roman Empire reached its greatest extent to most of continental
History has shown that there are three main legal systems in the world, which have been Europe such as Spain, Portugal, French and all of Central Europe.
extended to and adopted by all countries aside from those that produced them. In their Chronological
Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889,
order, they are the Roman Law, The Mohammedan or Arabic and the Anglo-American Laws. Among
the Conquistadores, and the Kodigo Penal (Revised Penal Code) today, 1930) was produced by the
Spaniards promulgated by the King of Spain. Basically, these laws adopted the Roman Law In ancient times, societies widely accepted the law of equal retaliation (known as lex talionis)
principles (Coquin Principles of Roman Law 1996). a form of corporal punishment that demanded “an eye for an eye” for one person’s criminal actions
injured another person, authorities would be similarly main the criminal.
Mostly tribal traditions, customs and practices influenced laws during the pre-Spanish
Philippines. There was also law that were written includes: What is the purpose of Punishment?
a. The Code of Kalantiao (promulgated in 1433) – the most expensive and severe law that The purpose of punishment is to show disapproval for the offender’s wrongdoing, and to
prescribes harsh punishment. clearly condemn his criminal actions. This is why we punish; we punish to censure (retribution), we
b. The Maragtas Code (by Datu Sumakwel) do not punish merely to help person change for the better (rehabilitation).
The Emergence of Secular Law According to European penal reformer argued that punishment must sought to humanize by
making its exercise equal, consistent, and beneficial to all of society. Foucault relates that punishment
4th A.D. Secular laws were advocated by Christian philosophers who recognize the need for justice.
helps bring forth a new economy of power, one that shifted the emphasized the political economy of
Some of the proponents these laws were St. Augustine and St. Thomas Aquinas.
penology and sought to strip the practice of punishment from their jurisdictions. Durkheim (1893),
Three Laws were distinguished; External Law (Lex External), Natural Law (Lex Naturalis) a stated that the social function of punishment is to give effect to the effect to the emotional stage
principle or body of laws considered as derived from nature, right reason, or religion and as ethically outrage of a society whose norms, have been breached by the criminal act.
bidding in human society, Human Law (Lex Humana). All these laws are intended for the common
Who are exempted from Punishment?
good, but the human law only becomes valid if it does not conflict with the other two laws.
Art. 12 of the Revised Penal Code the following are exempted from criminal liability:
1. An imbecile (is characterized by old age has a mental development comparable to that of
CHAPTER 3
a child between two and seven) or an insane (is one deprived completely of reason or
PUNISHMENT AND PENALTY discernment and freedom) person, unless the latter has acted during lucid interval. The
(SENTENCING) latter is exempted from punishment because of complete deprivation of intelligence or
total deprivation of freedom of the will.
2. A person under the nine (9) years of age acting without discernment. The latter is
What is Punishment exempted from criminal liability because of the reason that the act without the least
It is the redress that the state against an offending member of the society that usually involves discernment to understand the difference between right and wrong.
pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing. Ancient Forms of Punishment
Criminal Punishment 1. Death Penalty – affected by burning, beheading, hanging, and breaking the wheels,
Penalties imposed by the government on individuals who violate criminal law. People who pillory and other forms of medieval executions.
commit may be subject to fines or other monetary assessments the infliction of physical pain or
confinement in jail or prison for a period of time (incarceration). Forms of Capital Punishment
1. Gassing – a gas chamber is a execution where by a poisonous gas is introduced
In general societies punish individuals to achieve revenge against wrongdoing and to prevent into a hermetically sealed chamber. When the condemned breathes this gas, death
further crime both the person punished and by others contemplating criminal punishment reflect a follows, Hydrogen Cyanide or more rarely Carbon Monoxide, are the typical
philosophy of correction, rather than one of penalty correctional programs attempts to teach offenders agents.
how to substitute lawful types of behavior for unlawful actions. 2. Electric Chair – a device commonly used for execution of convicted criminals
during the 20th century.
3. Hanging – is a form of execution or method of suicide in England the short drop 10. Stock – a former instrument of punishment consisting of a framework with holes for
was used until the 19th century until the 20th century long drop was introduced, securing the ankles and sometime, the wrists used to expose an offender to public
which caused the breaking of neck. derision.
4. Lethal Injection – is a method of capital punishment, it gained popularity in the
Theory of Punishment (reasons of punishment)
20th century as supposedly humane from of execution.
Lethal Injection in the country is affected by RA 8177 known as “Act 1. Absolute Theory – (Retributive Justice) is an action imposed by the state towards the
designating Death by Lethal Injection”. Execution of lethal injection actually criminal in return of losses by the offended party or a reward for a criminal who,
started only in 1999 and seven convicts were executed by injection until 2000. committed a crime to vindicate (to clear as from accusation) of absolute right and moral
But today, lethal injection is already abolished in the Philippine by virtue of RA law violated by the criminal.
9346 known as “An act prohibiting the imposition of Death Penalty in the 2. Relative Theory – centered on;
Philippines” that was approved on June 24, 2006. a. Prevention – to prevent or suppress the danger to the state arising
5. Firing Squad – is a method of capital punishment particularly common in times from the crime.
of war, a firing squad is a group of people, usually soldiers, who are ordered to b. Self-defense – to protect society from the wrong or threat
shoot at the condemned person simultaneously. Commonly used to execute spies inflicted by the offender.
and use to execute war criminals after World War II most notably by Poland and c. Reformation – to correct and reform the offender.
Russia. d. Exemplary – to deter others from committing crimes/offenses.

2. Physical Torture – affected by maiming, mutilation, whipping and other inhumane or Redress (Compensation) of a Wrong Act in the Primitive Society
barbaric forms of inflicting pain. a. Retaliation. Also known as Lex Talionis (Personal Vengeance) – the earliest remedy for a
wrong act to a criminal in primitive society. Applies the concept of personal revenge to
Forms of Physical Torture return like by the victims’ family or tribe against the family societies. This system is no
1. Social Degradation – putting the offender into shame or humiliation. longer accepted in modern society.
2. Banishment or Exile – the sending or putting away of an offender which was carried b. Fines and Punishment – custody has exerted effort and great force among primitive
out either by prohibition against coming into a specified territory such as in land to societies. The acceptance of vengeance in the form of payment (cattle, food, personal
where the offender has been removed. service, etc.,) became accepted as dictated by tribal traditions. In modern society, a fine is
3. Slavery – emphasizes the idea of complete ownership and control by a master a monetary penalty imposed on an offender and paid to the court and punishment is
4. Transportation – banishment as of a criminal to a penal colony; deportation centered on imprisonment to rehabilitate the offender.
5. Mutilation – to deprive a person of a limb or other essential part.
6. Branding – a mark formerly put-upon criminals with a hot iron indicating the type of Contemporary Forms of Punishment
crime they had committed. (M-Murder, T-Thief)
Imprisonment – putting the offender in prison for the purpose of protection the public against
7. Ducking Tool – was a popular form of punishment often used for scolding woman.
criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo
The culprit was strapped into a chair attached to a long lever. The operator could
institutional treatment programs.
duck the chair into a water and thereby submerge the culprit and crowds would often
gather to watch. Quarrelsome married couples were ducked tied back-to-back. Parole – a conditional release of a prisoner after serving part of his/her sentence in prison for the
8. Flooging-Whipping – whipping as a form of punishment can be found in the bible purpose of gradually re-introducing him/her to free life under the guidance and supervision of a
(Deuteronomy) parole officer.
9. Pillory – a wooden framework erected on a post, with holes for securing the head and
hands, formerly used to expose an offender to public derision.
Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which 3. Personal – the guilty one must be the one to be punished, no proxy.
does not exceed six (6) years of imprisonment, is released subject to the conditions imposed by the 4. Legal – the consequence must be in accordance with the law.
releasing court and under the supervision of a probation officer. 5. Equal – equal for all persons.
6. Certain- no one must escape its effects.
Note: the purpose of Parole and Probation is to help individual re-integrate into society as
7. Correctional -changes the attitude of offenders and become law-abiding citizens.
constrictive individuals as soon as they are able.
Duration of Penalty
Distinction between Parole and Probation
1. Death Penalty – capital punishment
PAROLE PROBATION
2. Reclusion Perpetua -a term of 20 years + 1 day to 40 years imprisonment
Administrative function exercised by the It is a judicial function exercised by court 3. Reclusion Temporal - 12 years + 1 day to 20 years of imprisonment
executive branch of government 4. Prison Mayor – 6 years + 1 day to 12 years of imprisonment
5. Prison Correctional – 6 months + 1 day to 6 years of imprisonment
Granted to a prisoner (Person Deprived of Liberty) Granted to an offender immediately after 6. Arresto Mayor – 1 month + 1 day to 6 months of imprisonment
only after he has served minimum of his conviction in prison 7. Arresto Menor – 1 day to 1 month of imprisonment
sentenced. 8. Bond to keep the Peace - discretionary on the part of the court
It is an extension of correctional It is a substitute for imprisonment Forms of Repetitions
Granted by the BPP (Board of Pardon and Parole) Granted by the Court 1. Recidivism (Recidivist) – when a person at the time of his trial for one crime shall have been
previously convicted by final judgment of another crime embraced in the same title of the
Parolee Probationer
code.
Parolee supervised by Parole Officer. Probationer supervised by Probation Officer. 2. Reiteration/ Habituality – presupposes that the offender had served the sentence of an offense
the penalty which is equal or greater than the attached by the law to the second offense or for
two or more offenses in which the law attaches a lighter penalty.
Fine – paid as punishment a sum of money that somebody is ordered to pay for breaking a law or 3. Quasi-Recidivism (Quasi-Recidivist) – any person who shall commit a felony after having
rule. been convicted by final judgment, before beginning to serve such sentence or while serving
the same, shall be punished by the maximum period of the penalty prescribed by law of new
Destierro – the penalty of banishing a person from the place where he committed a crime, prohibiting felony.
him to get near or enter the 25-kilometer perimeter. 4. Habitual Delinquency – when a person within the 10 years from the date of his release or last
What is Penalty conviction of the crimes of (FRETSeL) Falsification, Robbery, Estafa, Theft, Serious or Less
Serious Physical Injuries the offender is found guilty of any of said crimes a third time or
The suffering inflicted by the state against an offending member for the transgression of law. oftener.
It is a legal and official punishment for committing a crime or other offense.
Prescription of Crimes
Juridical Conditions of Penalty
Is the forfeiture or loss of the losses of the right of the state to prosecute the offender after the
Penalty must be; lapse of a certain time.
1. Productive of suffering -without however affecting the integrity of the human personality. 1. Crime punishable by other afflictive penalty - 15 years
2. Commensurate with the offense – different crimes must be punished with the different 2. Correctional Penalty - 10 years
penalty (Art. 25 of RPC). 3. Arresto Mayor - 5 years
4. Libel or Other Similar offenses - 1 year 2. By service of sentence
5. Oral defamation and slander by deed - 6 months 3. By amnesty which completely extinguish the penalty and all its effect
6. Light offenses - 2 months 4. By absolute pardon
5. By prescription of crime
Classification of Penalties
6. By prescription of penalty
1. Principal Penalties – those expressly imposed by the court in the judgment of conviction. 7. By the marriage of the offended woman
Partial extinction of criminal liability. – Criminal liability is extinguished partially:
A. Classification of Principal Penalties according to divisibility
1. Divisible Penalty- those that have fixed duration and are divisible into three periods. 1. By conditional pardon;
2. Indivisible Penalty – those which have no fixed duration. Ex. Death 2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is undergoing preventive
B. According to subject manner imprisonment or serving his sentence." (RA 10592)
1. Corporal (death)
2. Deprivation of freedom (reclusion, prison, arresto) Kinds of Partial Extinguishment:
3. Restriction of freedom (destierro) 1. By Conditional Pardon
4. Deprivation of right (disqualification and suspension) 2. By Commutation of sentence
5. Pecuniary (fine) 3. For good conduct, allowances which the culprit may earn while he is serving sentence

C. According to gravity Conditional pardon – a contract between the sovereign power of the executive and the convict
1. Capital – Death
2. Afflictive Penalty - Reclusion Perpetua NOTE: Convict shall not violate any of the penal laws of the Philippines.
Reclusion Temporal
Perpetual or Temporary Absolute In Case Of Violation Of Conditions:
Disqualification 1. Offender is re-arrested and re-incarcerated
Perpetual or Temporary Special 2. Prosecution under Art. 159
disqualification
Prison Mayor COMMUTATION – change in the decision of the court by the chief regarding the:
3. Correctional Penalty - Prison Correctional 1. degree of the penalty
Arresto Mayor 2. by decreasing the length of the imprisonment or fine
Suspension
Destierro Commutation Allowed When:
4. Light Penalty - Arresto Menor 1. person is over 70 years old
Public Censure 2. 8 justices fail to reach a decision affirming the death penalty

2.Accessory Penalty – those that are deemed included in the imposition of the principal Conditional Pardon From Parole
penalty. 1. Conditional Pardon - Given after final judgment
   Parole - Given after service of the minimum penalty
Total Extinction of Criminal Liability
1. By the death of the convict 2. Conditional Pardon - Granted by Chief Executive
   Parole - Given by the Board of Pardons and Parole new sites. These included the Old Bilibid Prison, New Bilibid Prison and Correctional Institution for
Women, Fort Bonifacio, Iwahig Penal Colony (now Iwahig Prison and Penal Farm), San Ramon
3. Conditional Pardon - For violation, the convict may be prosecuted under 159 Prison and Penal Farm, Davao Prison and Penal Farm, Bontoc Prison, Sablayan Prison and Penal
   Parole - For violations, may be rearrested, convict serves the remaining sentence Farm and Leyte Regional Prison.
Old Bilibid Prison, was the main penitentiary in the early 1900s Located in Oroquieta Street
in Manila established in 1847 under a Spanish Royal Degree formally opened on April 10, 1866
known as Carcel y Presidio Correccional (Spanish, “Correctional Jail and Military Prison’)
CHAPTER 4
occupied a rectangular piece of land which part of the Mayhalique Estate in the heart of Manila. It is
PRISON SYSTEM IN THE PHILIPPINES divided into two (2) sections the Carcel Section which could accommodate 600 inmates and the
Presidio Section which could accommodate 527 prisoners. Due to increasing crime, the Philippine
PHILIPPINE CORRECTIONAL AGENCIES Commonwealth Act No.67 and a new prison was built in Muntinlupa on 551 hectares of land. In
The Correctional system in the Philippines is composed of Six (6) agencies under the Three 1940, the prisoners, equipment and facilities were transferred to the new prison. The remnants of the
(3) distinct separate executive department of the national government, namely; old facility was used by the City of Manila as its detention center then known as Manila City Jail. In
1941, the new facility was officially named “the New Bilibid Prison”.
1. The Department of Justice – under this are the Bureau of Corrections, the Parole and
Probation Administration and the Board of Pardon and Parole. COVERAGE OF BUREAU OF CORRECTION
2. The Department of Interior and Local Government – under this are the Bureau of Jail Bureau of Correction
Management and Penology which runs the city, municipal, and district jail; and the provincial
jails through their respective provincial government. And Bureau of Prison was renamed Bureau of Correction under Executive Order 292, The
3. The department of Social Welfare and Development – under this is the Bureau of Child Administrative Code of the 1987 passed during the Aquino Administration. It states that the head of
Youth Welfare which overseas youth rehabilitation center. the Bureau of Correction is the Director of Prisons who is appointed by the President of the
Philippines with the confirmation of the Commission of Appointment.
PRISON
The Bureau of Correction has general supervision and control of all national prisons or
A penitentiary, an institution for the imprisonment (incarceration) of person convicted of penitentiaries. It is charged with the safekeeping of all insular prisoners confined therein or
major/serious crimes. committed to the custody of the Bureau.
A building, usually with cells, or other places established for the purpose of taking safe 1. New Bilibid Prison (NBP) - in Muntinlupa City, Rizal, Philippines is the main insular
custody of confinement of criminals. penitentiary designed to house the prison population of the Philippines. It is maintained by
Refers to a penal establishment under the control of the Bureau of Corrections and shall the Bureau of Corrections (BuCor) under the Department of Justice. As of May 2018, the
include the New Bilibid Prison, the Correctional Institution for Women, the Leyte Regional Prison NBP housed 26,877 convicted criminals. The penitentiary had an initial land area of 551
and the Davao, San Ramon, Sablayan, and Iwahig Prison and Penal Farms. hectares.

PRISON AND PENAL COLONIES IN THE PHILIPPINES NBP Main Building – the institution became the maximum-security compound in the
70’s and continues to be so. The camp houses not only death convicts and inmates sentenced
Corrections in the Philippines started during pre-colonial times when the task was to life term, but also those with numerous pending cases, multiple convictions, and sentences
community-based. It was only during the Spanish regime that an organized corrective service was of more than 20 years.
made operational. On November 1, 1905, Reorganization Act No. 1407 was approved creating the
Bureau of Prisons under the Department of Commerce and Police. In the early days of the Bureau of
Corrections (formerly Bureau of Prisons), penal institution was established closed or transferred to Two (2) Satellites Unit of NBP
a. Camp Sampaguita - this is the institution became the house of medium-security 4. Inawagan with 13,000 hectares.
compound.
b. Camp Bukang Liwayway – this is the institution became the house of minimum-security 6. San Ramon Prison and Penal Farm – was established in Southern Zamboanga facing the Jolo
compound. sea on August 21, 1870 through a Royal Decree promulgated in 1869. Considered as the
2. Sablayan Prison and Penal Farm – is located in Occidental Mindoro and relatively new Oldest penal Facility in the country, prisoners in San Ramon were required to do agricultural
established on September 26, 1954 by virtue of Presidential Proclamation no. 72, the penal work
colony has a total land area of approximately 16, 190 hectares. 7. Davao Prison and Penal Farm – was formally established on January 21, 1932 by virtue of
Sablayan prison is a facility where prisoners from NBP are brought for decongestion Act No. 3732. The Davao Penal Colony is the first penal settlement founded and organized
purposes. It follows the same colony standards as other penal farms. under Filipino administration. The settlement, which originally had an area of approximately
Products – Rice and Vegetables 30,000 hectares in the districts of Panabo and Tagum, Davao del Norte.
3. Leyte Regional Prison -was established on January 16, 1973 situated in Abuyog, Southern
WHO IS PRISONER?
Leyte, was established a year after the declaration of martial law in 1972 by virtue of
Presidential Decree No. 28. A Prisoner also known Person Deprived of Liberty (PDL) who is under the custody
of lawful authority. A person who, by reason of his criminal sentence or by a decision issued
The Leyte Regional Prison has an inmate capacity of 500. It follows the same
by court, may be deprived of his liberty or freedom.
agricultural format as the main correctional program in addition to some rehabilitation
activities. The prison admits convicted offenders from Region VI and from the national A PDL is any person detained/confined in jail or prison for the commission of a
penitentiary in Muntinlupa. criminal offense or convicted and serving in a penal institution.
4. Correctional Institution for Women (CIW) formally Women’s Prison – is located in A person committed in jail or prison a competent authority for any of the following
Mandaluyong, Rizal, was founded on November 27, 1929 and it is the one and only prison reasons: to serve a sentence after conviction, trial, investigation.
for women in the Philippines. It was established through Act No. 3579.
General Classification of Prisoners
On February 14, 1931, the women prisoners were transferred from the Old Bilibid
Prison to new building especially constructed for them. Its old name, “Women’s Prison”, 1. Detention Prisoners – those detained for investigation, preliminary hearing, or awaiting trial.
was changed to “Correctional Institution for Women (CIW)”. The CIW occupied 18 A detainee in a lock-up jail, they are prisoners under the jurisdiction of Courts.
hectares. 2. Sentenced Prisoners – offenders who are committed to the jail or prison in order to serve
their sentence after final conviction by a competent court. They are prisoners under the
5. Iwahig Penal Colony formerly known as Iuhit – This prison also called “Prison without Wall” jurisdiction of penal institution.
established in 1904 in Puerta Princesa City, Palawan, Philippines was located on the 3. Prisoners who are on safekeeping – includes non-criminal offenders who are detained in
westernmost part of the archipelago far from the main town to confine incorrigibles with little order to protect the community against their harmful behavior. Ex. Mentally deranged
hope of rehabilitation. This facility was established during the American. A land reservation individuals, insane persons.
of 28,072 hectares of land. The land areas expanded to 40,000 hectares in the late 1950s and
expanded again to 41,007 hectares by virtue of Executive Order No. 67 issued by Governor Classification of Sentenced Prisoners
Newton Gilbert on October 15, 1912. 1. Insular or National Prisoners – those sentenced to suffer a term of sentence of 3 years and 1
day to life imprisonment. Those sentenced to suffer a term of imprisonment cited above but
Iwahig is subdivided into four (4) zones or districts: appealed to judgments and unable to file a bond for their temporary liberty.
2. Provincial Prisoners – those persons sentenced to suffer a term of imprisonment from 6
1. Central sub-colony with an area of 14,700 hectares; months and 1 day to 3 years or a fine more than 1,000 pesos, both; or those detained therein
2. Sta. Lucia with 9,685 hectares;
3. Montible with 8,000 hectares; and
waiting for preliminary investigation of their cases cognized by the Regional Trial Court ● First offenders sentenced to life imprisonment, they may be classified as
(RTC). medium security if they have served five (5) years in a maximum security or less,
3. City Prisoners – those sentenced to suffer a term of imprisonment from 1 day to 3 years or a upon the recommendation of the Superintendent. Those who were detained in a
fine of note more than 1,000 pesos or both. Those detained therein whose cases are filed with city and/or provincial jails shall be entitled to said classification.
Municipal Trial Court (MTC). Those detained therein whose cases are recognized by the
RTC and under Preliminary Investigation. c. Minimum Security – this shall include those who can be reasonably trusted to serve
4. Municipal Prisoners – those confined in Municipal Jails to serve an imprisonment from 1 day their sentence under less restricted conditions. Under this category are-
to 6 months. Those detained therein whose trials of their cases are pending with the MTC. ● Those with a severe physical handicap as certified by the Chief medical officer
of the prison;
Classification of Prisoners (PDL) According to Degree of Security (BUCOR)
● Those who are sixty-five (65) years old and above; without pending case and
Prisoners; how classified – prisoners shall be classified as to security stated and as to entitlement to whose conviction are not on appeal;
prison privileges ● Those who have served one-half (1/2) of their sentence or one-third (1/3) of
their maximum sentence, excluding Good Conduct and Time Allowance
Classification of prisoners as to security risk – a prisoner shall be assigned to any of the following (GCTA) as provided in Chapter 4, Part III hereof; and
security groups: ● Those who have only six (6) months more to serve before the expiration of their
a. Maximum Security – this shall include highly dangerous or high security risk inmates maximum sentence.
as determined by the Classification Board who require a high degree of control and Color of Uniform as to security classification – the color of the uniform of an inmate shall be based
supervision. Under the category are- on his security classification, as follows:
● Those sentenced to death
● Those whose minimum sentence is twenty (20) years imprisonment; a. Maximum Security – Tangerine / Orange
● Remand inmates or detainees whose sentence is twenty (20) years and above b. Medium Security – Blue
● Those are recidivists, habitual delinquents and escapees; c. Minimum Security – Brown
● Those confined at the Reception and Diagnostic Center; d. Detainee - Gray
● Those under disciplinary punishment or safekeeping; and
Classification of Inmate (prisoner) as to entitlement to privilege – inmate shall be classified as follow.
● Those who are criminally insane or those with severe personality or emotional
Determine their entitlement to prison privileges.
disorders that make them dangerous to fellow prisoners or the prison staff.
a. Detainee;
b. Medium Security – this shall include those who cannot be trusted in less-secured b. Third Class Inmate – one who has either been previously committed for three (3) or more
areas and those whose conduct or behavior require minimum supervision. Under the times as a sentenced inmate, except those imprisoned for non-payment of fine
category are- c. Second Class Inmate - a newly arrived inmate; an inmate demoted from first class, or one
● Those whose minimum sentence is less than twenty (20) years imprisonment; promoted from the third class;
● Remand prisoners or detainees whose sentence are below twenty (20) years; d. First Class Inmate – one whose known character and credit for work while in detention
● Those who are eighteen (18) years of age and below; regardless of the case and earned assignment to this promoted from the second class;
sentence; e. Colonist- The Director may, upon the recommendation of the Classification Board, classify
● Those who have two (2) or more records of escapes, they can be classified as an inmate who has the following qualifications as a colonist:
medium security inmates (prisoners) of they have served eight (8) years since
1. Be at least a first-class inmate and has served one (1) year immediately preceding
they were recommitted. Those with one (1) record of escape must serve five (5)
the completion of the period specified in the following qualifications;
years; and
2. Has served imprisonment with good conduct for a period equivalent to one fifth (1/5)
of the maximum term of his prison sentence, or seven (7) years in the case of a life DEFINITION OF TERMS
sentence.
1. Carpeta - refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the Court after conviction, the prosecutor's information and the
WHAT IS JAIL? decisions of the trial court and the appellate court, if any; certificate of non-appeal, certificate
It is a place for locking-up of person who is convicted of minor offenses or felonies are to of detention and other pertinent documents of the case;
2. Commitment Order – A written order of the court or any other competent authority
serve short sentence imposed upon them by competent court or fine confinement of person who are
consigning an offender to a jail or prison for confinement.
awaiting trial or investigation of their cases. 3. Competent Authority – refers to the Supreme Court, Court of Appeals, regional trial Court,
Types of Jail Metropolitan Trail Court, Municipal Trial Court, Sandigan Bayan, and Military Court
including the House of Representative, Senate, Commission on Elections, Bureau of
1. Lock-up Jail – is a security facility, common to police stations, used for temporary Immigration and the Board of Pardons and Parole.
confinement of an individual held for investigation. 4. Contraband – Any article, item or things prohibited by law and/or forbidden by jail rules.
2. Ordinary Jail – is the type of jail commonly used to detain a convicted criminal offender to 5. Escape – An act of getting out unlawfully from confinement or custody of an officer.
serve sentence less than three (3) years. 6. Instrument of Restraint – A device, contrivance, tool or instrument used to old back, keep
3. Workhouses, Jail Farm or Camp – a facility that houses minimum custody offenders who are in, check or control an offender; e.g. handcuffs, leg iron.
serving short sentence or those who are undergoing constructive work programs. It provides 7. Mittimus – is a warrant issued by a court directing the jail or prison authorities to receive the
convicted offender for the service of the sentence imposed therein.
full employment of prisoners, remedial services and constructive leisure time activities.
8. Prison Record - refers to information concerning an inmate's personal circumstances, the
Provincial Jail offense he committed, the sentence imposed, the criminal case number in the trial and
appellate courts, the date he commenced serving his sentence, the date he was received for
Provincial Jail in the Philippines is not under the jurisdiction oof the Bureau of Correction confinement, the place of confinement, the date of expiration of the sentence, the number of
and Bureau of Jail Management and Penology. They are managed and controlled by the Provincial previous convictions, if any, and his behavior or conduct while in prison.
Government. 9. Rehabilitation – a program of activity directed to restore and offender’s self-respect thereby
makingh im a law-abiding citizen after serving his sentence.
Jail Prison 10. Superintendent – refers to the one in charge of prison.
Facility authorized to hold person Institution for the incarceration of persons 11. Death Convict – refers to an inmate whose death penalty is imposed by a regional trial
undergoing investigation, awaiting or convicted of serious crimes whose penalty Court, which is affirmed by the Supreme Court en banc.
undergoing trial and Awaiting final is more than 3 years 12. Inmate – refers to a national prisoner or one sentenced by a court to serve a maximum term
judgment. Those who are serving short of imprisonment of more than three years or a fine more than one thousand pesos.
sentences up to 3 years 13. Offender – either a prisoner or detainee confined in jail.
Usually administered by subdivision of Administered by state. 14. Safekeeping – the temporary custody of a person for his own protection, safety or care; and
states that of the
Convicted or pending trial Only convicted community from him.
Provincial Jail is under provincial Prisons are under the Bureau of Corrections 15. Detainee – a person who is confined in prison pending preliminary investigation, trial or
government, Municipal and City District appeal; or upon legal process issued by competent authority.
Jail are under Bureau of Jail Management
and Penology
Headed by a Warden Headed by a Superintendent

CHAPTER 5
THE INSTITUTIONALIZED TREATMENT PROGRAMS
3. RELIGIOUS SERVICES IN PRISON
The purpose of this program is to change the attitudes of inmates by inculcating religious values
1. PRISON EDUCATION or belief.
It is the cornerstone of rehabilitation. It is the process or result of formal training in school or
classrooms intended to shape the mind and attitude of prisoners towards good living upon their Function of Chaplain:
release. 1. Conduct communion and confession to inmates,
The first legal recognition of education in prison was in 1847, New York Reformatory. 2. Conduct religious ministry such as preaching the Bible,
3. Conduct private and personal counseling in the form of inmate interview.
4. Other chaplaincy services.
Objective of Prison Education:  
a. To return the prisoner to society with a more wholesome attitude towards living, 4. MEDICAL AND HEALTH SERVICES
b. To conduct themselves as good citizens, Medical and health services includes:
c. To give them knowledge and develop their skills to maintain themselves and their dependents
1. Mental and physical examination
through honest labor.
2. Diagnosis and treatment
3. Immunization
 Classes of Prison Education 4. Sanitary inspections
1. General and Academic Education - the objective of which is to eradicate illiteracy among 5. Participation in training
prisoners. This could be the best contribution of correctional system can offer to society.  
2. Vocational Education - Institutional maintenance works and industrial projects. The purpose 5. RECREATIONAL PROGRAMS
of which is to provide prisoners necessary skills for successful works in a socially acceptable The only program that is conducted during free time schedule.
occupation after their release. Courses may include - Radio Mechanics, Auto Mechanics,
Horticulture, - Shoemaking, Tailoring, Carpentry, Electronics, etc. Objectives:
3. Physical Education – designed for those who have physical disabilities. 1. Mental and Physical Development
2. Help prisoner to become aware of their individual conditions to provide them a method of
2. WORK PROGRAMS improvement.
These are programs conducive to change behavior in morale by training prisoners for a useful 3. Development of cooperative competitions,
occupation. It is purposely to eliminate idleness on the part of prisoners, which may contribute to 4. Arouse the interest of the prisoners in recreational programs.
“Prison stupor”, and it affects the incidence of Prison riot.
Activities may include: Athletics/ sports, music and arts, social games, special activities on
Classification of Prison Work Programs: special events, etc.
1. Educational Assignments - prisoners maybe assigned to either general education, vocational  
or physical education. 6. COUNSELING AND CASEWORK
2. Maintenance Assignment – this assignment involves labor related to care and up keeping of Objectives of Counseling:
the institution properties 1. Immediate solution of specific personal problem,
3. Agricultural and Industrial Assignments 2. Help inmates to increase self-understandingS,
4. Unassignable – Prisoners who are nearly to leave the institution, awaiting transfer, those in
disciplinary status, and those who are chronically ill with mental disabilities are considered Objectives of Casework:
unassignable prisoners. 1. To obtain clear description of social history,
Female prisoners shall be assigned to work on jobs suitable to their age, sex and 2. Solving immediate problems involving family problems or other personal relationship,
physical conditions. Prisoners over 60 years of age may be excused from hard work. 3. Assist inmates towards acceptable solutions,
4. Support inmates, who are nearly release by giving them guidance or information; 4. Rehabilitation Model - Security and housekeeping activities are viewed primarily as a
5. Professional assistance to offenders on probation or parole. framework for rehabilitative efforts.
5. Reintegration Model - It is linked to the structure and goals of community corrections but
MODELS OF CRIMINAL TREATMENT has direct impact of prison operations.
1. Control Model - It emphasizes prisoner’s obedience to work and education. 6. Total Institution Model – Erving Goffman coined the term (1961). The place where people
2. Responsibility Model - It stresses prisoners’ responsibility for their own action, not work, play, eat, sleep, and recreate together on a daily basis.
administrative control to assure prescribed behavior. Examples of total institutions:
3. Custodial Model - Based from the assumption that prisoners had been incarcerated for the a. prisons
protection of society and for the purpose in incapacitation, deterrence and retribution. It b. concentration camps
emphasizes maintenance and security and order through the subordination of the prisoner to c. summer camps
the authority of the warden. Discipline is strictly applied in most aspect of behavior. d. mental hospitals
e. seminaries
CHAPTER 6 HISTORY
THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic Act
(BJMP) 6975 as a line Bureau under the Department of Interior and Local Government. The Jail Bureau  is
the upgraded version of its forerunner, the Office of Jail Management and Penology of the defunct
Also known as the Jail Bureau, BJMP, an agency under the DILG, was created pursuant to PC/INP last headed by  BRIG GEN Arsenio E. Concepcion.
Section 60, Republic Act No. 6975, which took effect on January 2, 1991. It is mandated to direct, As mandated by law,  the  BJMP shall operate under the reorganized  Department of  the  Interior 
supervise and control the administration and operation of all district, city and municipal jails and  Local Government. 
nationwide. Starting  from  scratch with  500 personnel in 1991 the BJMP weaned from its mother PC/INP as
It has the mission to direct, supervise and control the administration and operation of all district, a mere component,  to become a full-fledge bureau.  Director Charles S. Mondejar  took his oath of
city and municipal jails to affect a better system of jail management nationwide. office on July 1 of   1991 as  the first Chief  of  the Bureau. 
R.A. 9263 - Bureau of Fire Protection and Bureau of Jail Management and Penology The Bureau of  Jail  Management  and  Penology supervises and controls all district, city and
Professionalization act of 2004. municipal jails.
Prominent figures later succeeded Director Mondejar after retirement, J/SR SUPT BASILIO G
OVERVIEW CAEL (Oct. 31, 1995 to Jan. 2, 1996); J/C SUPT SILAS V LAURIO (Jan. 2, 1996 to July 13, 1997);
As one of the five pillars of the Criminal Justice System, the BJMP was created to address J/SR SUPT  JOSUE G ENGANO (July 14, 1997 to June 30, 1998),  P/M GEN AQUILINO G
growing concern of jail management and penology problem. Primarily, its clients are detainees JACOB JR (July 8, 1998 to March 30, 2001). On March 30, 2001, CSUPT ARTURO W ALIT,
accused before a court who are temporarily confined in such jails while undergoing investigation, CESO IV took his oath of office as Officer-in-Charge and was given his directorship rank on
waiting final judgement and those who are serving sentence promulgated by the court 3 years and December 14, 2003 to May 9, 2006 as Chief of the Bureau. After ALIT, CSUPT ANTONIO CABIL
below. As provided for under R.A. No. 6975, the Jail Bureau is mandated to take operational and CRUZ was appointed as Officer-in-Charge on May 9, 2006 to Dec 5, 2006. CSUPT CLARITO
administrative control over all city, district and municipal jails. GUIRHEM JOVER, Ph.D. (CESO V) was later appointed OIC on December 18, 2006 to February
The Bureau has four major areas of rehabilitation program, namely: Livelihood Projects, 20, 2007. DIRECTOR ARMANDO M LLAMASARES, DPA, served the bureau as the Chief on
Educational and Vocational Training, Recreation and Sports, and Religious/ Spiritual Activities. February 21, 2007 until his retirement on March 05, 2008.
These were continuously implemented to eliminate the offenders' pattern of criminal behaviour and to At present, DIRECTOR ROSENDO MORO DIAL, CESO III serves as the Jail Bureau's
reform them to become law-abiding and productive citizens. Chief.
Although the workplace of the Jail Bureau is confined inside the portals of jail to safeguard
inmates, nonetheless, the Bureau has an inherent function of informing the public of jail operations MISSION AND VISION
and other matters concerning the corrections pillar of the Philippines. Coincidentally, being a new and
growing Bureau, BJMP aims to keep the public abreast of information regarding jail management and MISSION - The Bureau aims to enhance public safety by providing humane safekeeping and
penology. development of inmates in all district, city and municipal jails.
VISION - The BJMP envisions itself as a dynamic institution highly regarded for its sustained 3. Decongestion program
humane safekeeping and development of inmates. 4. Good governance

BJMP Functions CORE VALUES


The Bureau of Corruption is tasked with the following functions: 1. Commitment
a. To confine persons who have been convicted of a criminal offense by the courts to serve 2. Respect for Human Rights
sentence in a penal institution. 3. Efficiency/Competence
b. To provide correctional environment which seeks to protect the physical and emotional well- 4. Teamwork
being of offenders.
c. To provide humane treatment by affording them human basic needs the correctional CORE COMPETENCIES
community and prohibiting cruel methods rehabilitation. 1. Continous skills enhancement of personnel
d. To provide opportunities for rehabilitation programs designed to change the offenders’ 2. Ability to establish linkages and Parnerships
pattern of criminal or anti-social behavior. 3. Responsive Planning
e. To engage in agro-industrial endeavors to develop penal farms into productive profit center 4. Timely decision-making
that employs offender manpower skills and labor and provide a source of income to 5. Expedient implementation
supplement the Bureau’s financial outlet.
f. To perform other functions that maybe directed by the Secretary of Justice of other competent COVERAGE OF SUPERVISION BY THE JAIL BUREAU
authorities. a. City jails
b. Municipal jails
In line with its mission, the Jail Bureau endeavors to perform the following functions: b. District jails
1. Formulate policies and guidelines in the administration of all district, city, and municipal jails Class A Jails - Jails with 100 or more inmates
nationwide; Class B Jails - Jails with 21-99 inmates
2. Implement strong security measures for the control of inmates; Class C Jails - Jails with 1 to 20 inmates
3. Provide for the basic needs of inmates;
4. Conduct activities for the development of inmates; ORGANIZATION AND KEY POSITIONS IN THE BJMP
5. Improve jail facilities; and, The BJMP also referred to as the Jail Bureau, was created pursuant to section 60 to 65, Chapter
6. Promote the general welfare and development of personnel. V, RA No. 6975, and initially consisting of uniformed officers and members of the Jail management
and Penology service as constituted under P.D. no 765.
After twelve (12) years of existence as a separate agency under the DILG, the BJMP still shares RA 9263 provides that the Bureau shall be headed by a Chief who is assisted by two (2) Deputy
its responsibilities with the Philippine National Police (PNP). The involvement, however, of the Chiefs, one (1) for Administration and another for Operations, and one (1) Chief of Directorial Staff,
police in penology and jail management is a temporary arrangement in view of BJMP’s limited all of whom are appointed by the President upon the recommendation of the DILG Secretary from
capacity. among the qualified officers with the rank of at least Senior Superintendent in the BJMP.
The Chief of the BJMP carries the rank of Director and serves a tour of duty that must not exceed
MANDATE four (4) years, unless extended by the President in times of war and other national emergencies.
BJMP is mandated to direct, supervise and control the administration and operation of all Officers who have retired or are within six (6) months from their compulsory retirement age are not
district, city and municipal jails nationwide with pronged tasks of safekeeping and development of qualified to be appointed as Jail Director or designated as BJMP Chief.
inmates. The second officer in command of the BJMP is the Deputy Chief for Administration, the third
officer in command is the Deputy Chief for Operations, and the fourth officer in command is The
MAJOR PROGRAM Chief of the Directorial Staff, all of whom carry the rank of Chief Superintendent. They are assisted
There are four (4) major programs under the mandate of bjmp and they are the following: by the Directors of the Directorates in the National Headquarters who carry the rank of at least Senior
1. Inmates custody,  security and control program Superintendent.
2. Inmates welfare and development program
The BJMP operates and maintains Regional Offices in each of the administrative regions of the The Regional Director is assisted by an Assistant Regional Director for Administration,
country, headed by a Regional Director for Jail Management and Penology, with the rank of at least Assistant Regional Director for Operations, and Regional Chief of Directorial Staff, who are all
Senior Superintendent. The Regional Director is assisted by an Assistant Regional Director for officers with the rank of at least Superintendent.
Administration, Assistant Regional Director for Operations, and Regional Chief of Directorial Staff,
who are all officers with the rank of at least Superintendent. PROVINCIAL OFFICE
The National Headquarters is the Command and Staff Office of the BJMP, and is composed of Headed by a Provincial Administrator, to oversee the implementation of jail services of all
the Command Group, Directorates and Management Support Staff, namely: district, city and municipal jails within its territorial jurisdiction. The PA should have a rank of
superintendent.
COMMAND GROUP:
1. Chief, BJMP DISTRICT OFFICE
2. Deputy Chief for Administration Where there are large cities and municipalities, a district jail with subordinate jails, headed by a
3. Deputy Chief for Operation District Warden with the rank of Chief Inspector in the Bureau May be established necessary.
4. Chief of Directorial Staff
CITY AND MUNICIPAL OFFICE
DIIRECTORATES In the city and municipal levels, each jail shall be headed by a city or municipal warden,
1. Directorate for Personnel and Records Management respectively with the rank of Chief Inspector in the jail bureau.
2. Directorate for Human Resource Development
3. Directorate for Operations Rank Classification of the BJMP
4. Directorate for Inmates Welfare and Development
5. Directorate for Logistics Commissioned Officers: Non-Commissioned Officers
6. Directorate for Comptrollership Director Senior Jail Officer 4
7. Directorate for Program Development Chief Superintendent Senior Jail Officer 3
8. Directorate for Intelligence Senior Superintendent Senior Jail Officer 2
9. Directorate for Investigation and Prosecution Superintendent Senior Jail Officer 1
Chief Inspector Jail Officer 3
SUPPORT SERVICES Senior Inspector Jail Officer 2
1. Office of Program Management Inspector Jail Officer 1
2. Office of Legal Services
3. Office of General Services APPOINTMENT OF UNIFORMED PERSONNEL TO THE BJMP
4. Office of Accounting Services a. J01 – SJ04 – shall be appointed by the Regional Director for the regional office uniformed
5. Office of Finance Services personnel or by the BJMP Chief for the national headquarters office and attested by the CSC.
6. Office of Supply Accountable Officer b. Inspector – Superintendent - appointed by the Chief BJMP as recommended by their
7. Office of Internal Audit immediate superiors and attested by the CSC.
8. Office of Chaplaincy Services c. Senior Superintendent - appointed by the Secretary of the DILG upon recommendation of
9. Office of Community Relations Services the CBJMP with the proper attestation of the CSC.
10. Office of Information & Communications Tech. Services d. Chief Superintendent - Director – appointed by the President upon recommendation of the
11. Office of Health Services Secretary of the DILG with the proper endorsement of the chairman of the CSC.
12. NESJO
BJMP RECEPTION PROCEDURES
REGIONAL OFFICE As mandated by the BJMP Manual (Rule IV), the Jail Bureau should observe the following
Headed by a Regional Director for Jail Management and Penology, with the rank of at least procedures in receiving/admitting a new inmate.
Senior Superintendent. 1. Identity Check
2. Examination of Commitment Papers This group take charge of all administrative functions of the jail, keep records of jail
3. Security Check properties, supplies and equipment and maintain personnel records. It also performs such other
4. Accounting of Personal Property functions for the attainment of an efficient jail administration.
5. Turn-over of Personal Property 1. Personnel Management Branch – Responsible for the preparation and maintenance of
6. Inmate Identification personnel procedure, assignment of personnel, preparation of daily personnel report, monthly
7. Strip-Search personnel reports and others. It also maintains individual record files of personnel.
8. Medical Examination 2. Records and Statistics Branch – keeps and maintains an orderly record of booking sheet
9. Psychological and Physical and arrest reports, fingerprint cards, photograph and index cards of inmates confined in jail in
10. Preparation of Medical Record individuals prisoners jacket.
11. Social Case Study 3. Property and Supply Branch – Take charge of the safekeeping of equipment and supplies
12. Provision of Jail Clothing in the requisitioning of supplies and materials needed for the operation of the jail.
13. Briefing & Orientation 4. Budget and Finance Branch – take charge of financial matters especially in programming,
14. Maintenance of Prison Record budgeting, accounting, and other activities related to financial services.
5. Mess Service Branch – take charge of the preparation of the daily menu, makes foodstuff
DUTIES AND RESPONSIBILITIES purchases, prepares and cook the food and serves it to the inmates.
WARDEN 6. General Service Branch – Responsible for the maintenance and repair of jail facilities
- He is responsible for the direction, coordination, and control of the personnel, the inmates and equipment. It is also tasked with the cleanliness as well as the beautification of the jail
and the programs of the institution. He is responsible for the safety, security, discipline and the well compound.
being of his men as well as the prisoners and sees to the efficient functioning of the institution. 7. Mittimus Computing Branch – receives court decisions and mittimus and ascertains by
compilation the date of the full completion of service of sentence of each prisoner for his
OPERATING UNITS UNDER THE OFFICE OF THE WARDEN: eventual release from jail. It also prepares transfer orders of inmates to other penal
1. Intelligence and Investigation Team – the team gathers, collects, and submits intelligence institutions.
information to the warden on matters pertaining to jail conditions; plot or plans by the
prisoners that may threaten the safety of personnel and/or disturbed the normal functioning of Mittimus – is a warrant issued by a court directing the jail or prison authorities to receive the
the institutions and those that would lead to the eventual capture of escaped prisoners. It is convicted offender for the service of the sentence imposed therein.
also tasked with the investigation of all reported cases of violation of laws and rules and - A commitment order is deemed valid or in due form when it bears the seal of the court and
regulations thereto. the signature of the issuing judge.
2. Jail Inspectorate Section – This section inspects the jail facilities, the personnel and
prisoners and submits reports of deficiencies noted. It helps the warden in the maintenance of How may a criminal offender be committed in Jail?
discipline, not only of the personnel but the inmates as well. b. by virtue of a commitment order issued by the court which may either be in the forms of a
3. Public Relations Office – this is tasked with the maintenance of good public relations to detention or standard mittimus.
obtain the necessary and adequate support of the public. c. By order of a competent authority
d. By an arresting officer.
ASSISTANT WARDEN
He is the principal assistant of the warden. He keeps himself informed to be able to SECURITY GROUP
assume command effectively during the warden’s temporary absence. - Provides the system of sound custody, security and control of inmates and their movements.
He chairs the Disciplinary Board, he hears cases of erring inmates and recommends the It enforces and maintains inmate’s discipline.
corresponding disciplinary actions thereto. 1. Escort/subpoena Platoon
a. Escort Section – produce inmates under proper guard to the fiscal/s office, courts, etc..
ADMINISTRATIVE GROUPS upon proper summons. It is also tasked with the transfer of prisoners from one institution
to another upon proper orders of the court or authority.
b. Subpoena Section – receives, distributes and/or serves subpoenas, notices, and order, 2. Administration
summons and other processes directed to inmates confined in jail.
B. Deputy Chief
Subpoena ad testificandum – A command to appear at a certain time and place to give testimony - Shall have the rank of Chief Superintendent in the jail bureau;
upon a certain matter. - A member of the Philippine bar; or
- A holder of relevant Master’s Degree; or
Subpoena duces tecum – a process by which the court, at the instance of a party commands a - A Baccalaureate Degree with at least 9 years’ experience in jail or police work;
witness who has in his possession or control some document or paper that is pertinent to the issues of - He must have an adequate experience in positions of responsibility and leadership of at least
a pending controversy, to produce it in jail. one year for each field in the following:
1.Operations
Distance of guard from inmates during escorts – If escorting a group of inmates, a guard 2.Administration
shall keep a distance of not less than ten (10) paces from his charge. Upon arrival at the destination, 3.ARD/Chief of Staff/Chief of Division, Central office
he shall station himself at a vantage point where all inmates are within sight and can be properly
controlled. C. Assistant Regional Director
-Have the rank of Senior Superintendent;
Escort procedures for court appearance – In escort duties for court hearing, the -Must have undergone the Officer’s Executive career Course or its equivalent;
Superintendent shall provide at least two (2) guards for every inmate. -Must at least be a Bachelor’s Degree holder in law, criminology, psychology, psychiatry, social
work or sociology;
2. Security Platoon - a 3 working platoon shifts responsible for overall security of the jail compound -Must have previously assigned in supervisory position in jail bureau.
including gates, guard posts and towers. They are also responsible for the admitting and releasing
unit. D. Provincial Jail Administrator
- Have the rank of superintendent
REHABILITATION PURPOSES GROUP - This group provides services and assistance to - Must have undergone the Officer’s Executive Career Course or its equivalent; must be a
prisoners and their families to enable them to solve their individual needs and problems arising from bachelor’s degree holder, preferably in law, criminology, psychology, psychiatry, social work
the prisoners’ confinement. or sociology;
1. Medical and Health Services Branch - Have been previously assigned in supervisory position in the jail bureau.
2. Work and Education Therapy Services
3. Socio-cultural Services E. District Jail Warden
4. Chaplain Services
5. Guidance and Counseling Services -Have the rank of Chief Inspector;
6. End of lecture -A bachelor’s degree holder, preferably in law, criminology, psychology, psychiatry, nursing,
social work or sociology;
QUALIFICATIONS OF JAIL OFFICERS ASSIGNED IN KEY POSITIONS IN THE -Must have undergone the Officer’s Advance Course or its equivalent;
BUREAU -Has been assigned in supervisory position in police or jail service.

A. Chief, BJMP F. City and Municipal Jail Warden


-Shall have the rank of director in the jail bureau; - Shall have the rank of Chief Inspector
-He must be a member of the Philippine Bar; or a holder of Master’s Degree in national Security - Must be a bachelor’s degree holder, preferably in law, criminology, psychology, nursing,
Administration or any relevant Master’s Degree; social work or sociology
-He must have an adequate experience in positions of responsibility and leadership of at least one - Has been assigned in supervisory position in the police or jail service.
year in each of the following fields:
1. Operations Composition of Classification Board/Disciplinary Board in Jail
- Chairman -Assistant Warden 9. Certificate/s of Seminars/Trainings Completed
- Members -Chief, security Officer 10. Marriage Certificate issued by NSO (if married)
-Medical Officer/Public Health Officer
-Jail Chaplain
-Social Worker/ Rehabilitation Officer ADDITIONAL TOPICS FROM BJMP MANUAL REVISED 2007
- Book 1 (Administration)-Chapter I – Overview of The BJMP
Oplan decongestion - Oplan decongestion was formalized through the execution of a memorandum a. Rule I – General Provision – Page 1-2
of agreement on February 12, 1993. Agencies Involved: PAO, BJMP, BPP and NAPROS (Aug. 17, b. Rule II- Organization and Key Position – Page 3-7
1993) c. Rule III- Duties and Responsibilities of key officers and Personnel – Page 8-20

GENERAL QUALIFICATIONS FOR APPOINTMENT TO JAIL OFFICER 1


No person shall be appointed as uniformed personnel of the BJMP unless he/she possesses the
following minimum qualifications:
1. A Citizen of the Republic of the Philippines; CHAPTER 7
2. A Person of good moral character; INSTITUTIONAL CUSTODY, SECURITY AND CONTROL
3. Must have passed the nuero-psychiatric evaluation, medical examination and drug test for the
purpose of determining his/her physical and mental health; I. DIVERSIFICATION: Concept and Importance
4. Must possess a baccalaureate degree from a recognized institution of learning; Diversification is an administrative device of correctional institutions of providing varied
5. Must possess the appropriate civil service eligibility; and flexible types of physical plants for the more effective custody, security and control of the
6. Must not have been dishonorably disharged of dismissal for cause from previous treatment programs or its diversified population.
employment; Diversification is the principle of separating homogenous type of prisoners that requires
7. Must not have been convicted by final judgement of an offense or crime involving moral special treatment and custody. Separation can be done through proper classification of inmates.
turpitude;
8. Must not be less than twenty-one (21) nor more than thirty (30) years of age. Provided, that a FACTORS CONSIDERED IN DIVERSIFICATION
waiver for age requirement shall be automatically granted to applicants belonging to the 1. Age – prisoners who are 18 years old and below should be segregated from the older groups
cultural communities; to prevent the youthful offenders from becoming hardened criminals.
9. Must be at least one meter and sixty-two centimeters (1.62m) in height for male, and one 2. Sex – females and males are separated in separate institutions.
meter and fifty-seven centimeters (1.57m) for female: provided that a waiver for height 3. Medical or mental conditions – mentally ill, sexual deviates, physically handicapped and
requirement shall be granted to applicants belonging to the cultural communities; and hospital patients need to be segregated from the prison population because each group needs
10. Must weigh not more or less than five kilograms (5kgs) from the standard weight special kind of treatment.
corresponding to his/her height, age and sex. 4. Degree of custody - is the most used factor for diversification that is the extent of strict
keeping necessary for the person in confinement.
REQUIREMENTS FOR JO1 APPLICANTS
1. Duly Accomplished Personal Data Sheet (revised 2005) II. THE CLASSIFICATION PROCESS
2. Original Transcript of Records
3. Original College Diploma Classification
4. Birth Certificate issued by NSO Is a method by which diagnosis, treatment planning and execution of the treatment programs
5. Original Certificate of Eligibility or Board Rating (Civil Service Professional, RA 1080,  are coordinated in the individual case study.
Penology Officer & PD 907)
6. Valid Clearances (i.e. NBI, Police, Barangay, MTC, RTC & Prosecutor's Ofc) Classification
7. Valid Community Tax Certificate It is a process of determining the needs and requirement of prisoners for assigning them to
8. Certificate/s of Previous & Present Employment programs according to their needs and existing resources.
4. Control - it involves supervision of prisoners to insure punctual and orderly movement to
FOUR SEPARATE BUT COORDINATED CLASSIFICATION PROCEDURES and from one place of work or assignment to another.
1. Diagnosis - Prisoner’s case history is taken and his personality studied by the RDC staff. 5. Control Center - is centrally located and elevated facility with good fields of observation,
2. Treatment Planning - This is the formulation of the tentative treatment programs best suited this is manned around the clock.
to the needs and interest of an individual prisoner, based on the findings of the RDC’s staff.
3. Execution of the Treatment Programs- this is the application of the treatment program and AIMS OF INSTITUTIONAL SECURITY AND CONTROL
policies by the classification committee. 1. Prevention of Escapes
4. Re-classification - the treatment program is kept current with the inmates changing needs 2. Control of contrabands
and with new analysis, based on any information not available at the time of the initial 3. Maintenance of good order
classification committee meeting of the inmate’s case, which continues from the time of the
first classification until the inmate is released. CONTRABAND - is anything that is contrary to prison or jail rules or regulations.

CLASSIFICATION BOARD OPERATION GREYHOUND - operation conducted by the BJMP wherein a prisoner may be
Every prison shall have a Classification Board that shall classify inmates accordingly or checked at any time. his beddings, lockers and personal belongings may also be opened at any time,
determine the work assignment, type of supervision and custody which will be applied to the in his presence wherever possible.
prisoners.
Chairman…………Superintendent SECURITY RULES AND REGULATIONS
Vice-chairman……Chief, RDC 1. Strict control of firearms.
Members…………. Medical Officer 2. 24 hours supervision of prisoners at least 4 times head count in each 24 hours period.
Chief, Education Section 3. Maintain a system of key control. Never allow a prisoner to handle keys or study them
Chief, Agro-Industries Section 4. Secure firearms and anti-riot equipment in the armory.
Secretary…………Chief Overseer 5. Supervision of proper use of tools and other potentially dangerous articles.
6. Conduct frequent inspections of security facilities.
The Classification Board for Jails 7. Conduct frequent surprise quarter’s inspection.
Chairman – Assistant warden 8. Develop emergency plans for emergencies
Members: Chief security officer 9. Never open or enter the inmate’s quarter alone.
Medical officer 10. Exercise authority, supervision, and control over prisoner.
Chaplain
Social Worker CUSTODY - Defined as guarding or penal safekeeping. It involves security measures, locking,
counting routines, procedures for searching prisoners and their living quarters, and prevention of
III. INSTITUTIONAL SECURITY, CUSTODY AND CONTROL contraband to insure security and control within the prison.
CONTROL - It involves supervision of prisoners to insure punctual and orderly movement to and
1. Security - involves safety measures to maintain orderliness and discipline with in the jail or from the dormitories, places of work, church, hospitals, and recreational facilities in accordance with
prison the daily schedule.
2. Prison Discipline - the state of good order and behavior in prison. It includes maintenance of
good standards of works, sanitation, safety, education, health and recreation. PRISON CUSTODIAL DIVISION
3. Prevention Discipline – Involves prompt correction of minor deviations before they become The Prison custodial Division is in charge of all matters pertaining to the custody of the
serious violations, which may be dealt with a reprimand or warning and is used when the prisoners and security of the institution.
deviation is:
a. Trivial COMPOSITION OF THE PRISON CUSTODIAL DIVISION
b. Due to ignorance or lack of understanding; or Headed by:
c. The result of careless or faulty habits. - Chief Security Officer - Usually with the rank of Inspector to Senior Inspector
Assisted by: 6. If it is necessary to evacuate inmate population, they should be evacuated in an orderly
1. Security officers - are assigned as commanding officers of the three shifts of guards and the manner using close vans and other vehicles or by any other means to pre-arranged buildings
escort company or the platoon. or detention centers for their safe and temporary confinement.
2. Supervising prison Guards- take charge of a big group of guard details or several posts 7. First aid shall be administered to injured inmates, an institutional wide count of inmates
within the perimeter of the institution. should be made, and security check shall immediately follow.
3. Senior Prison guards- take charge of a squad or group of guards in work detail or escort
guards assigned to important post such as the control gates. A. Plans in Case of Jailbreaks and Escapes
4. Prison guards - Lowest in rank and assigned to man the sentinel posts, guard houses and 1. When a jailbreak, escape or riot is in progress or has just been perpetrated, the officer at the
gates. control center shall immediately sound the alarm.
2. At the first sound of the alarm, all prisoners shall be locked in their respective cells while
FUNCTIONS OF THE CUSTODIAL DIVISION: those on work details shall march on orderly manner to their cells.
1. Supervision of prisoners 3. All jail personnel, custodial or non-custodial, shall make themselves available for emergency
2. Maintain order and discipline deployment. The desk officer shall issue firearms to members of the custodial force who shall
3. Inspections and security be immediately dispatched to strategic post according to plans.
4. Escort5. Keep records 4. Personnel assigned to essential maintenance posts such as the powerhouse, kitchen, hospitals,
fire station, may be required to help in the counting of inmates.
IV. OPERATIONAL PLANS IN JAILS OR PRISONS (Security and Control) 5. A simultaneous institution wide count shall be made to determine the number of inmates who
A. Emergency Plans escaped and their identity.
1. Fire crews should be organized, consisting of trained personnel, to man available resources 6. If the identities of the escapees have been established, their names and other personal
for emergency situation such as fire incidents. circumstances shall immediately flash to all units of the district, station or sub-station, and the
2. The fire crew shall immediately respond to the scene to put off the fire while other personnel police headquarters shall be notified.
shall station themselves according to emergency plans of the jail or prison. 7. Radio stations, TV stations and other news media shall also be notified for public information
3. Special group of inmates may be selected to form another group and should be separately in order to gain possible help in capturing the fugitives.
housed in close proximity to the fire truck and other equipment, they should be issued 8. Recovery teams shall be formed to proceed to all possible hideouts, residence and houses of
uniforms different from ordinary inmates so that they can be checked and identified easily if relatives and friends for immediate capture.
it becomes necessary to go outside the main compound. 9. In case of mass jailbreak, all members of the custodial force shall be immediately issued
4. The jail personnel not assigned with the fire crew shall be given specific assignments on what firearm and assigned to critical posts to plug off the escapee’s route.
to do in case of fire or conflagration. 10. If any officer or member shall be held as hostage, reasonable caution to ensure the safety of
2. In case of fire, at the first sign of the fire, the control center shall immediately sound a pre- the hostage. It is better to give into the demands of the jail breakers if possible than to place
arranged alarm. At the same time crews shall immediately call the fire department or police the lives of the personnel in jeopardy.
headquarters and other units that could help in putting out the fire and or evacuation of 8. If the warden is taken as the hostage, for all intents and purposes, he ceases to exercise
prisoners. authority and the next in command or the most senior officer present shall assume the
3. The desk officer or the officer in charge of the keys of the storage place of firefighting command.
equipment, emergency gates and other gates of the different brigades should distribute the 9. If there are no hostages and the prisoners who are still inside the jail compound continue to
keys to the responsible personnel concerned. defy orders given by the prison authorities, the basic plans for riots or disturbances shall be
4. All inmates should be required to help in the putting out of the fire using the water in drums made.
and cans, the firefighting equipment and fire extinguishers and such other thing readily 10. When information is received that escapees are in a certain area, it is well to maintain groups
available. in that area to apply continuous pressure in order to force the escapees in movements.
5. Government’s record shall be evacuated to a safe place according to priority and should be
under proper guards. C. Plans for Violent Disturbances and Riots
1. Lock inmates to proper quarters.
2. If during visitors’ period, all visitors shall be immediately ushered out for safety.
3. All members of the security group shall be available for necessary actions. After the riot, the following procedure shall be followed:
4. Control center and communication lines for emergency calls shall be checked for readiness. 1.Conduct head count
5. Armorer should make immediate preparation for anti-riot equipment. 2.Segregate ringleaders and agitators
6. Custodial force are grouped into three teams namely: 3.Assess and determine the damage to the facilities
a. 1st Group – they composed the initial anti-riot assault team. Their objective is to 4.Investigate the cause of the riot
disperse the rioters and get their leaders. 5.Repair damages
b. 2nd Group – they serve as the backup force for the first group, for this purpose they 6.Adopt measures to prevent similar incident
are equipped with tear gas and gas grenades. 7.Administer first aid to the injured
c. 3rd Group – composed of guards trained on proper handling and use of firearms. 8.Submit a report of the incident to the secretary
They shall be ready to fire when the lives of the guards are in peril or on order of the
officer in command.
7. After the riot or disturbance, the following post riots procedures shall be followed: CHAPTER 8
a. Administer first aid to the injured DISCIPLINARY BOARD IN JAILS AND
b. Have institution count made MANNER OF RELEASING PRISONERS
d. Segregate ringleaders and agitators
e. Check security of the institution
a. Conduct a thorough investigation of the incident I. THE DISCIPLINARY BOARD FOR JAILS
b. Repair damages It is organized and maintained for the purpose of hearing disciplinary cases involving
c. Adopt effective measures to prevent repetition of similar incidents violation of jail rules or regulations by the inmates.
d. Submit report to concerned authorities.
The Disciplinary Board has the authority to impose disciplinary punishments such as:
D. PLANS FOR EMERGENCY IN PRISON a. Reprimand
Procedures in dealing with riots or disturbances b. Temporary or permanent cancellation of some or all privileges (visiting privileges,
a. At the sound of the first alarm, all inmates shall be locked up inside their respective recreational privileges and other privileges)
cells/quarters. Inmate work crew shall immediately return to the prison compound or c. Extra-fatigue duty or assignment to a disciplinary squad for manual labor
previously designated areas for accounting and confinement after a head. d. Close confinement in a cell which shall not exceed 7 days in any calendar month.
b. If the disturbance occurs during visiting hours, all visitors shall immediately have ushered out This punishment shall be imposed only in the case of incorrigible inmate when other
of prison compound or if this is not possible, brought to a pre-determined area inside said disciplinary measures are proven ineffective.
compound. e. Transfer to other penal institutions
c. In the latter case, the visitors shall not be allowed to leave the said area or the compound until f. Partial or full forfeiture of good conduct time allowance to be earned for that month
disturbance has ceased and the inmates have been properly identified. and subsequent month depending upon the gravity of the offense.
d. At the same time, all guards who are not on duty shall be directed to immediately report to
the desk officer. All critical posts shall be manned to prevent escapes. The most senior guard Note: instrument of restraint such as handcuffs, leg iron and strait jacket are not to be applied as
present shall take command of the custodial force and make assessment of the situation. a form of punishment. They shall only be used as a precaution against escape or on the ground of
e. All telephone calls to and from the prison compound shall be controlled medical precautions to prevent the offender from injuring himself or others.
f. Based on the assessment of the prevailing condition by the OIC, he may deploy the guards in  
the following groups: * Breaches of Discipline must be handled without anger or emotionalism and decisions must
1. 1st Group – the initial wave of anti-riot contingent whose purpose is to disperse rioters. be executed firmly and justly.
They are armed with wicker shields, headgears, gas masks and batons.
2. 2nd Group – equipped with teargas guns and gas grenades. Types of report that may initiate Disciplinary Action
3. 3rd Group – trained in proper handling and use of firearms.  
1. Behavior Report – reports that includes both bad attitude as well as exceptionally good work opportunity to defend himself by his own testimony and other evidences to prove his
habits. This is intended to call the attention of the inmates’ acts such as lack of self-control. innocence.
8. After the hearing, the Board shall decide the case based on the merits.
2. Misconduct Report – it carries every violation of laws or rules. Every case shall include an 9. Whether the prisoner is found guilty or not, he should be advised to obey the rules and
investigation and heard by the Board. regulations strictly and should be reminded that good behavior is indispensable for his early
release and/or the granting of privilege.
Composition of the Disciplinary Board 10. Decisions of the Board or the Summary Hearing Officers are subject to review or approval by
Chairman - Assistant Warden the Warden. The offender may request a review of the findings of the Board or summary
Members - Chief Security officer Hearing Officer and the appropriateness of the penalty to the Central Office of the BJMP
- Medical/Health officer whose decision shall be final.
- Jail chaplain
- Social Worker or the Rehabilitation Officer Under section 3, par. D, Rule XIV of the BJMP Manual states the limitations of punishments imposed
Note: if the above composition is not feasible because of personnel limitations, the jail warden may to offenders as:
perform the function as the Board Summary Hearing Officer. 1. No female offender shall be subjected to any disciplinary punishment that may affect her
unborn or nursing child.
Duties and Functions of the Disciplinary Board 2. No handicapped offender shall be made to suffer a punishment that might affect his health or
The Warden tasks the Board to investigate the facts regarding the alleged misconduct referred physical well-being.
to it. It holds sessions as often as necessary in a room that may be provided for the purpose. All cases 3. Corporal punishment, confinement in dark, ill-ventilated cells and any other form of cruel,
referred to it must be heard and decided within 48 hours from the date of the receipt of the case. unusual, inhumane or degrading punishment are absolutely prohibited.
4. Whenever the penalty of extra-fatigue duty or solitary confinement imposed affect the health
Limitations of Punishments Imposed to Offenders of the offender, medical examination shall be conducted to determine his physical fitness to
The General Rule is “Every violation of jail/prison discipline shall be dealt with accordingly. serve his punishment.
In extreme cases, where the violations necessitate immediate action, the warden or the Officer of the 5.  The jail physician shall visit the inmate undergoing punishment when necessary and shall
Day may administer the necessary restraints and reports the action taken to the Disciplinary Board.” advise the warden if he recommends the termination of the punishment on grounds of
physical and mental health.
Procedures in the Hearing of Disciplinary Cases
1. The aggrieved inmate informs or notifies any member of the custodial force of the violation. II. PUNISHABLE ACTS IN JAILS
The latter, in return officially reports the matter to the desk officer.
3. The desk officer simultaneously informs the jail warden and immediately initiates the A. Minor Offenses
investigation. He then submits his reports to the warden together with his recommendations. 1. Selling or bartering with fellow inmates of items not classified as contrabands;
4. The Warden evaluates the reports and if he believes that there is no sufficient evidence to 2. Rendering personal services to fellow inmates
support the alleged violation, he may dismiss the case. If he believes that there exists 3. Untidy or dirty in his personal appearance
sufficient evidence, he shall decide the case and impose the necessary penalty in case of 4. Littering or failing to maintain cleanliness and orderliness in his quarters and/or surroundings.
minor violations. 5. Making frivolous or groundless complaints
5. If the case is less grave or grave, he shall endorse it to the Board for hearing or decides it 6. Reporting complaints on behalf of other prisoners
himself as a summary officer if there is no Disciplinary Board. 7. Late in formation or duty without justifiable reasons; and
6. The prisoner shall be confronted of the reported violation and asked how he pleads to the 8. Willful waste of food.
charge. If he admits the violation or pleads guilty, the Board shall impose the corresponding
punishment. B. Less Grave Offenses
7. If the prisoner denies the charge, the hearing shall commence with the presentation of 1. Failure to report for work detail without sufficient justification.
evidence and other witnesses by the Desk Officer. The prisoner shall then be given the 2. Failure to render assistance to an injured personnel or inmate
3. Failure to assist in putting out of fires inside the jail.
4. Acting boisterously during religious, social and other group functions 20. Damaging any government property or equipment issued to the inmates
5. Swearing, cursing or using profane or defamatory language, directed personally towards other 21. Participating in any kangaroo court, an unauthorized or irregular court conducted with
persons disregard for or perversion of legal procedures as a mock court by inmates in jail/prison.
6. Malingering or reporting for sick call to escape work assignment 22. Affiliating oneself to any gang or faction whose main purpose is to foment regionalism or to
7. Spreading rumors or maliciously intriguing against the honor of any persons particularly segregate themselves from others.
members of the custodial force. 23. Failing to inform the authorities concerned when afflicted with any communicable disease,
8. Failing to stand at attention and give due respect when confronted by or reporting to any like VD, etc..
officer or member of the custodial force 24. Engage in gambling or any game of chance
9. Forcing fellow inmates to render personal services 25. Committing any act which is in violation of any law or ordinance, in which case, he shall
10. Exchanging uniform or wearing clothes other than those issued to him for the purpose of separately be prosecuted criminally in accordance with law.
circumventing jail rules
11. Loitering or being in an unauthorized place PROHIBITED ACTS IN PRISON
12. Using the telephone without authority from the desk officer 1. Participating in illegal sexual acts or placing himself in situations or behavior that will
13. Vandalism encourage the commission of illegal sexual acts;
14. Withholding information which is inimical and prejudicial to the jail administration 2. Openly or publicly displaying photographs, pictures, drawings, or other pictorial
15. Possession of lewd or pornographic materials representations of persons engaged in sexual acts, actual or simulated, masturbation,
16. Absence from cell or brigade or place of work during headcount, or at any time without excretory functions or lewd or obscene exhibitions of the genitals;
justifiable reasons 3. Possessing articles which pose a threat to prison security or to the safety and well being of the
17. Failing to turn over any articles issued after the work detail inmates and staff;
18. Committing any acts prejudicial to or which is necessary to good order and discipline. 4. Giving gifts, selling or engaging in barter with prison personnel;
C. Grave Offenses 5. Maligning or insulting any religious belief or group;
1. making untruthful statement or lies in an official communication, transaction, or investigation 6. Rendering personal services to or requiring personal services from a fellow inmate;
2. keeping or concealing keys or locks of places in the jail where it is off-limits to prisoners 7. Gambling, etc.
3. giving gifts, selling to, or bartering with jail personnel
4. keeping in his possession money, jewelry, or other contrabands which the rules prohibit PUNISHMENT IMPOSED IN DISCIPLINARY CASES
5. tattooing or allowing himself to be tattooed on any part of the body, or keeping any 1. Solitary confinement – applicable in extreme case specially when there is danger that the
paraphernalia to be used in tattooing prisoner may hurt himself or others.
6. Forcibly taking or extracting money from fellow inmates or from visitors 2. Locking in his cell with loss of yard privileges
7. punishing or inflicting injury or harm upon himself or other inmates 3. Loss of privileges such as visiting, correspondence and other privileges
8. receiving, keeping and taking or imbibing liquor or other prohibited drugs 4. Transfer to another institution
9. making, improvising or keeping any kind of deadly weapons 5. Assignment to a disciplinary squad for manual labor
10. concealing or withholding information on plans of attempted escapes 6. Counsel and reprimand – imposed in trivial cases
11. unruly conduct and behavior and flagrant disregard of discipline and instructions 7. Loss of Good Conduct Time Allowance
12. escaping, attempting to or planning to escape from the institution or from any guard.
13. Helping, aiding or abetting others to escape
14. Fighting, causing any disturbance or particularly participating therein and/or agitating to III. TREATMENT OF SPECIAL OFFENDERS
cause such disturbance or riot Special offenders include women offenders, drug addicts, alcoholics, mentally ill persons and
15. Indecent, immoral or lascivious acts by himself or others and/or allowing to be the subject of sex deviates, escape prone prisoner, suicide risk prisoners, the handicapped, aged and infirmed, youth
such indecent, immoral or lascivious acts. offenders and alien inmates
16. Acts and disrespectful manner towards any officer or member of the custodial force Under Rule 5 of the BJMP manual, it states that unusual offenders should not be held in
17. Willful disobedience to a lawful order issued by an officer or member of the custodial force jails or prison with the common jail/prison population. They should be segregated in other institutions
19. Assaulting any officer or member of the custodial force
as their temporary detention houses. However special methods of treatment shall be made such as the 4. Special attention should be given to the examination of their mail
following: 5. Restrict the telephone calls and allow them to use the telephone only6 if monitors on an
extension.
A. Female Offenders:
8. The women’s quarter should be fully separated from the men’s quarters and no men shall be G. Suicide-risks prisoner
allowed to enter the women’s quarter. 1. they should be given close and constant supervision
9. Female jail staff members must do all handling and supervision of female prisoners. 2. They should be subjected to frequent strip search.
10. Only works suitable to their sex, age, and physical conditions should be assigned to them.
H. the Handicapped, Aged and Infirmed
B. Drug Addicts 3. the handicapped should be housed separately and closely supervised to protect them from
9. Segregate addicts from other inmates especially during the withdrawal period. maltreatment by other prisoners.
10. Maintain close supervision to prevent attempts to commit suicide or prevent him from 2. Special treatment should be given to these prisoners who shall be required to work only in
harming his self. accordance with their physical capabilities for their own upkeep, and for the sanitation of
11. No sedatives/stimulants shall be prescribed or administered except by a physician. their quarters and surroundings.
12. Follow strictly the jail physician advice regarding diet and other treatment measures during
the withdrawal period. I. The Youth Offenders:
13. Prompt search of the addict’s quarters should be conducted and constant alertness to prevent In the arrest/detention of a youthful offender, the following shall be observed:
the smuggling of narcotics and other dangerous drugs shall be maintained. a. Immediately after the apprehension and booking, the arresting unit concerned shall take him
to the city or municipal health or proper medical health officer for a thorough physical and
C. Alcoholics mental examination.
2. Place the alcoholic in a comfortable quarter separate from the other prisoners and maintain b. A youth offender held for physical and mental examination during trial or pending appeal, if
close supervision to guard against suicide attempts unable to furnish bail, shall, from the time for his arrest, be committed to the care of:
3. Report to the jail physician any symptoms of abnormal behavior 1. The DSWD thru its local office or representative in the community;
4. Maintain close supervision to guard against the smuggling of liquor and other intoxicating 2. The local rehabilitation center;
drinks or products containing alcohol. 3. A detention home in the province or city, which shall be responsible for his
appearance in court whenever required. Provided, that in the absence of any such
D. Mentally Ill center or agency, the city and/or municipal jail shall provide quarters for youth
1. The mentally ill should be under the close supervision of the jail physician. offenders separate from other detainees.
2. Place the mentally ill in individual cells, and provide special restraint rooms for violent cases. c. Whenever it is for the best interest of the community and the effective rehabilitation of the
3. Maintain close supervision to guard against suicide attempts or violent attacks on others youth offender, considering the age, immaturity, gravity of the offense, situation of the
4. Cause their immediate transfer to mental institution for proper psychiatric treatment. offender and other circumstances, the BJMP unit, in coordination with DSWD and the city or
provincial fiscal, may recommend to the court concerned the release of the youth offender on
E. Sex Deviates recognizance, to the custody of his parents or other suitable person who shall be responsible
1. The homosexual should be segregated immediately to prevent them from influencing other for his appearance whenever required; and
inmates to abnormal behavior d. The foregoing procedure pertains merely to the custody, detention, and rehabilitation of youth
2. The other sex deviates, likewise, should be separated from the other inmates for closer offenders. Consequently, the usual course of investigation of his case until its filing with the
supervision and control. proper court should be pursued by the arresting elements concerned.

F. Escape-prone prisoners J. Alien Inmates


1. They should be held in the most secured quarters, preferably in single cells. - The Warden shall notify the Commission on Immigration of the receipt of an alien prisoner
2. Supervise their conduct closely and observe their actuation during and after visiting hours. stating -
3. Search their quarters frequently and subject them to frequent strip searches. 1. the name of the inmate
3. the place of confinement (name of jail) 7. The released inmate shall be issued a Certificate of Discharge from jail by the Warden or
4. his nationality and the number of his alien Certificate of Registration jailer.
5. the offense committed; and
6. the court imposing the sentence. RELEASE ORDER
- shall bear the full name of the inmate, the crime charged, the number of the case, and such
other details as will enable the releasing officer to properly identify the inmate to be released.
ALTERNATIVES TO JAIL CONFINEMENT
1. segregation of special offenders to other institutions Who may authorize release – The following are authorized to order or approve the release of
2. payment of fines inmates:
3. extensive use of probation a. Supreme Court or lower courts, in cases of acquittal or grant of bail;
4. bail b. President of the Philippines, in cases of executive clemency or amnesty;
5. diversification c. Board of Pardons and Parole, in parole cases; and
6. delayed sentence d. Director, upon the expiration of sentence of the inmate.

PRE-RELEASE TREATMENT OF OFFENDERS SEPARATION AND PLACEMENT CENTER- An inmate shall, thirty (30) days before his
It is a program specifically designed and given to a prisoner, during a limited period, prior to scheduled date of release, be transferred to the Separation and Placement Center to prepare him for
his release from prison, in order to give him an opportunity to adjust himself from the regimented re-entry into free society
group life in prison to the normal life of a free individual.
PRE-RELEASE SEMINAR – All inmates eligible for release shall undergo a one-day seminar in
IV. MANNER OF RELEASING PRISONERS preparation for his life outside prison.
1. A prisoner may be released by:
7. Service of sentence; LEAVES FROM JAIL
8. Order of the court Leaves from jail shall be allowed only on very meritorious cases, like the following:
9. Parole 1. Death or serious illness of spouse, father, mother, brother or sister, or children.
10. Pardon The inmate is allowed to view the remains of a deceased relative only if the remains are
11. Amnesty within a 30-kilometer radius by road from the confinement facility and the actual stay of the
12. Any lawful order of competent authority inmate to view the remains should not exceed three (3) hours.
2. If feasible, an inmate shall be notified of his release at least one week before the date of such 2. Inmates who are seriously ill/injured may be given leave for hospitalization or medical
discharge attendance under proper escort. However, leaves of detention prisoners shall require prior
3. Before an inmate is released, he shall be properly identified to ensure that he is the same approval of the courts having jurisdiction over them; provided, however, that in cases of life
person received and to be released. His marks and fingerprints shall be verified with those and death, the Warden, on his own discretion, may allow an inmate’s hospitalization/medical
taken when he was received. treatment.
4. No inmate shall be released on a mere verbal order or telephone. The release of an inmate by
reason of acquittal, dismissal of case, payment of fines and/or indemnity, or filing of bond,
shall only be given effect upon receipt of the Release Order. CHAPTER 9
5. An inmate shall be released promptly and without unreasonable delay. However, before LAWS AND DECREES USUALLY AVAILED
the release of the inmate who is suffering from contagious disease and who cannot defray the TO DECONGEST JAILS AND CRIMES INVOLVING CONVICTS
expenses for his treatment, the warden concerned shall take the necessary steps to assist him
in securing accommodation in an appropriate government institution for follow-up treatment. I. PENAL PROVISIONS ON CORRECTION
6. Under proper receipt, all money earned and other valuables held in trust when first admitted,
shall be returned to the inmate upon release
1. PRESIDENTIAL DECREE NO. 968, As amended, known as the adult Probation Law, - No person shall be detained solely by reason of his political beliefs and aspirations.(Sec 18
grants probation to prisoners sentenced to prison terms of not more than six years and one (1), Art. III)
day. - No voluntary servitude in any form shall exist except as a punishment for a crime whereof the
2. ACT NO. 4103, As amended, creating the Board of Pardons and Parole tasked to look into party shall have been fully convicted. (Sec 18 (2), Ibid.)
the physical, mental and moral record of prisoners to determine who shall be eligible for - Excessive fines shall not be composed, nor cruel, degrading or inhuman punishment inflicted.
parole or conditional pardon. x x x (Sec. 19 (2). Ibid.)
3. PRESIDENTIAL DECREE NO. 603 (Amended by RA 9344) -known as the child and - The employment of physical, psychological, or degrading punishment against any prisoner or
youth welfare code, suspends sentence of minor offenders whose ages range from nine (9) the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt
years to under eighteen (18) years and place them in rehabilitation centers under the by law.(Sec 19 (2), Ibid.)
supervision of the DSWD before they are released to the custody of their parents or to any
responsible person; REVISED PENAL CODE
4. Section 6, RA 9344 - Minimum Age of Criminal Responsibility - “No felony shall be punishable by any penalty not prescribed by law prior to its commission”.
a. A child fifteen (15) years of age or under at the time of the commission of the offense (Art. 21, RPC)
shall be exempt from criminal liability.
b. A child above fifteen (15) years but below eighteen (18) years of age shall likewise PHILIPPINE PROBATION LAW (P.D. NO. 968)
be exempt from criminal liability and be subjected to an intervention program, unless - One of the major goals of the government is to established a more enlightened and humane
he/she has acted with discernment, in which case, such child shall be subjected to the correctional system that will promote the reformation of offenders and thereby reduce the
appropriate proceedings in accordance with this Act. incidence of recidivism.
b. The exemption from criminal liability herein established does not include exemption - The confinement of all offenders in prisons and other institutions with rehabilitation
from civil liability, which shall be enforced in accordance with existing laws. programs constitutes a onerous drain on the financial resources of the country.
- There is a need to provide a less costly alternative to the imprisonment of the offenders who
5. REPUBLIC ACT NO. 6036 -known as the release on recognizance law, provides for the are likely to respond to individualized, community-based treatment programs.
release of offenders charged with an offense whose penalty is not more than six (6) months
and/or a fine of Two Thousand pesos (2,000) or both, to the custody of a responsible person RA 7659 – Reimposition of death penalty on heinous crimes
in the community, instead of a bail bond; RA 8177 – designating death by lethal injection as the method of carrying out death penalty
6. REPUBLIC ACT NO. 6127, - Fully deducts the period of the offenders’ preventive RA 9346 – An Act Prohibiting the imposition of death penalty in the Philippines.
detention from the sentence imposed by the courts; Note: The Laws RA 7659 and RA 8177 are no longer applicable today, because death was
7.  BATAS PAMBANSA BILANG 85 - Authorizes the release of a detainee who has already abolished in the 2006 by virtue of RA 0346
undergone preventive imprisonment equivalent to the maximum imposable sentence for the
offense he is charged with. II. CRIMES INVOLVING CONVICTS
8. REPUBLIC ACT NO. 10592 AMENDED ARTICLE 96 OF THE REVISED PENAL 1. Delay in the Delivery of detained Persons to the Proper Judicial Authorities (Art. 125, RPC) A
CODE - Provides that in meritorious cases, the commutation of the prisoner’s sentence felony committed by a public officer or employee who shall detain any person for some legal ground
through presidential action shall be upon the recommendation of the court which imposed the and shall fail to deliver such person to the proper judicial authorities with in the period of:
same; and ARTICLE 97, which provides that a prisoner shall be entitled to a deduction from 12 hours – for crimes or offenses punishable by light penalties;
his prison term for good conduct; 18 hours – for crimes or offenses punishable by correctional offenses;
9. DEPARTMENT OF JUSTICE MEMORANDUM CIRCULAR NO. 6- which directs all 36 hours – for crimes or offenses punishable by afflictive or capital penalties.
wardens or anyone in-charge of local jails to affect the immediate transfer of national
prisoners to the Bureau of corrections. The crime of arbitrary detention is committed when the detention of a person is without legal
ground. The legal grounds of detention are:
PHILIPPINE CONSTITUTION OF 1987 1. commission of a crime
- The state values the dignity of every human person and guarantees full respect for human 2. violent insanity or other ailment requiring compulsory confinement.
rights.(Sec 11, Art. II)
Delaying Release - This is committed by a public officer or employee who delays for the period
specified in Art. 125 the performance of any legal judicial or executive order for the release of a Other Offenses or Irregularities by Public Officers
prisoner or unduly delays the services of the notice of such order to said prisoner. 1. Maltreatment of Prisoner (Art. 235, RPC)
Elements:
2. Delivery of Prisoners from Jail (Art. 156, RPC) 1. Offender is a public officer or employee
Elements: 2. he overdoes himself in the correction or handling of such prisoner by imposition of
1. the offender is a private individual punishment not authorized by regulation or by inflicting such punishment in a cruel or
2. he removes a person confined in jail or a penal institution or helps in the escape of such humiliating manner.
person The felony of physical injuries is committed if the accused does not have the charge of a
3. The means employed are violence, intimidation, bribery or any other means. detained prisoner and he maltreats him. And if the purpose is to extort a confession, grave coercion is
If the offender is a public officer or a private person who has the custody of the prisoner and committed.
who helps a prisoner under his custody to escape, the felony is CONNIVING WITH OR
CONSENTING TO EVASION (Art. 223) and ESCAPE OF A PRISONER UNDER THE Good conduct time Allowance (GCTA)
CUSTODY OF A PERSON NOT A PUBLIC OFFICER (Art. 225) Good conduct time allowance is a privilege granted to a prisoner that shall entitle him to a
Note: This offense like other offenses of similar nature may be committed through deduction of his term of imprisonment.
imprudence or negligence. Under Republic Act No. 10592, the good conduct of any prisoner in any penal institution
shall entitle him to the following deduction from the period of his sentence:
3. Evasion of Service of Sentence (Art. 157-159, RPC) 1. During the first two years of his imprisonment, he shall be allowed a deduction of 20 days for
Evasion of Service under Art 157: each month of good behavior.
Elements: 2. During the third to the fifth years of his imprisonment, he shall be allowed a deduction of 23
1. Offender is a prisoner serving sentence involving deprivation of liberty by reason of final days each month of good behavior.
judgment, 3. During the following years until the tenth years of his imprisonment, he shall be allowed a
2. He evades the service of his sentence during the term of his imprisonment. deduction of 25 days each month of good behavior.
4. During the eleventh and successive years of his imprisonment, he shall be allowed a
4. Evasion of Service of Sentence on the Occasion of Disorders due to conflagration, deduction of 30 days each month of good behavior.
Earthquakes, or Other Calamities (Art. 158, RPC)
Elements: Act No. 3316– The law that provides for the formal basis for the grant of GCTA for prisoners
1. Offender is a prisoner serving sentence and is confined in a penal institution;
2. He evades his sentence by leaving the institution; SPECIAL TIME ALLOWANCE FOR LOYALTY- A deduction of 1/5 of the period of his sentence
3. He escapes on the occasion of a disorder due to conflagration, earthquake, explosion, or shall be granted to any prisoner who having evaded the service of his sentence under circumstances
similar catastrophe or mutiny in which he has not participated; and mentioned in Art. 158 of the RPC, gives himself up to the authorities within 48 hours following the
4. He fails to give himself up to the authorities within 48 hours following the issuance of a issuance of proclamation announcing the passing away of calamity, catastrophe such as earthquake,
proclamation by the Chief Executive regarding the passing away of the calamity. conflagration, mutiny, etc.

INFIDELITY OF PUBLIC OFFICERS


1. Infidelity in the custody of Prisoners through Connivance (Art. 223, RPC) - A felony Ground for Increasing Penalty - 1/5 of the remaining sentence of the prisoner shall be added
committed by any public officer who shall consent to the escape of a prisoner in his custody to his sentence if he fails to surrender himself to the authority when he escapes from prison under
or charge. circumstances enumerated in Art. 158 of the RPC. Provided, however, that the added sentence should
2. Infidelity in the custody of Prisoners through Negligence (Art. 224)- A felony committed not exceed 6 months.
by a public officer when the prisoner under his custody or charge escaped through negligence
on his part.
3. Escape of a prisoner under the custody of a person not a Public Officer. (Art. 225)
CHAPTER 10 14. Standard - Refers to the features of an effective and efficient handling of High-Profile/Risk
HANDLING OF HIGH-RISK AND inmates, such as: optimum security measures, technology, equipment and facilities; well-
HIGH-PROFILE INMATES trained personnel; dedicated leadership; and humane control of HP/RIs.

I. Definition of Terms
1. Classification - Is the system of classification of High- Risk Inmates based on the level of II. ADMINISTRATION OF JAIL/DETENTION UNIT WITH HP/RIs
risk in security.
2. Control - Is the system of containment of High- Profile/Risk inmates to prevent them from RESPONSIBILITIES OF JAIL WARDEN
escaping and staging trouble inside the jail. a. Responsible for the custody, security and control of High- Profile/Risk inmates at all times
3. Custodial Services - Refers to the task, activities and programs in the custody, security and until released by proper authorities or transferred to other penal institution or jail.
control of High-Profile/Risk inmates. b. Responsible for the administration of the jail/detention unit with HP/RIs and enforcement of
4. Detention Prisoner\ - Pertains to a person who is confined in jail facilities during the pertinent regulations therein.
pendency of his c. Responsible for the custody of all records concerning the HP/RIs.
5. Effective - Refer to doing the right thing in order to attain organizational goal and objective d. Responsible for the observance of the provisions of Republic Act 7438 (An Act Defining
of preventing escapes and disturbances involving HP/RIs. Certain Rights of Person Arrested, Detainee or under Custodial Investigation as well as the
6. Efficient - Refer to the capability to do things right in order to attain organizational goal and Duties of the Arresting, detaining and Investigating officers and Providing Penalties for
objective of preventing escapes and disturbances involving HP/RIs using the minimum Violation thereof).
amount time and resources possible. e. Responsible for the continuous monitoring of the activities of all HPIs and jail guards on duty
7. Escape - Refers to the act of breaking out from jail by the inmate with the purpose of and implementation of “no contact/communication” policy between HP/RIs and jail guards.
avoiding punishment of the law or hardships inside the jail. f. Responsible for the supervision jail guards on duty and implementation of “no long straight
8. Handling - Refers to the management, custody, security, treatment and control of certain duty” policy.
personalities legally held for confinement inside the jail to prevent from initiating
jailbreak/escape and/or involvement in any violence or disturbances as the originator, direct RESPONSIBILITIES OF JAIL GUARDS
participator or as a victim. a. Responsible for the guarding of HP/RIs and prevention of their escape.
9. High-Profile Inmate (HPI) - Refers to a legally detained person, classified either a security b. Responsible for not allowing other persons, PNP or BJMP personnel to communicate with
high-risk prisoner or a low-risk prisoner, prominent / well known in society or involved in HP/RIs except with written authority from the jail warden.
highly controversial cases and sensationalized by the media through publication in any c. Responsible for the search of all persons entering the jail and inspection of all packages being
newsprints, radio and television in nation-wide coverage in not less than two days, including brought inside the jail or cell of HP/RIs.
but not limited to prominent politicians, big time drug/gambling lords, kidnapping syndicate d. Responsible for the observance of the provisions of Republic Act 7438 (An Act Defining
leaders, police/military officers, terrorist group leaders / members, etc. Certain Rights of Person Arrested, Detainee or under Custodial Investigation as well as the
10. High-Risk Inmate - Refers to HRI who has the capability and tendency of escaping and/or Duties of the Arresting, detaining and Investigating officers and Providing Penalties for
involving into violence or disturbances inside the jail as observed personally by the jail Violation thereof).
personnel and administration. e. Responsible for familiarizing the physical identity of all HP/RIs under his/her watch.
11. Inmate - Refers to a person being held for confinement inside the jail either to an offense f. Responsible for the protection of HP/RIs against any harassment, maltreatment and abuses by
charged or for safekeeping purposes. In this manual, it refers to those confined at BJMP- any jail personnel or co-inmates.
controlled jail facilities and/or PNP Detention/Custodial Unit either convicted or not. g. Responsible for not allowing himself to accept straight duty extending more than four (4)
12. Low-Risk Inmate - Refers to LRI who has no capability and low tendency of escaping and / hours.
or involving into violence or disturbances inside the jail as observed personally by the jail h. Responsible to train themselves in observing signs of deterioration in the security system and
personnel and administration. to report immediately any weaknesses and threat in jail physical security.
13. Quality - Refers to the state of passing the standards of an effective and efficient handling of
High-Profile/Risk inmates. Responsibilities of Escorts
a. Responsible for the custody of HP/RIs assigned to him while in transit and outside the jail to (b) When a facility inspector observes a serious violation, he/she shall immediately
attend court hearings. notify the Jail Warden of the violation and of he/she duty to correct the violation.
b. Responsible for the prevention of escape of HP/RIs while in transit. The inspector(s) shall also, within 24 hours of the time he/she first observes any
c. Responsible for the search of HP/RIs assigned to him and inspection of all packages/things of such serious violation, prepare and provide the Jail Warden a special written
HP/RIs while in transit. report describing the violation, the notification given and the corrective action
d. Responsible for familiarizing the physical identity of all HP/RIs under his/her watch. required.
e. Responsible for the protection of HP/RIs against any harassment, maltreatment and abuses by (c) The Jail Warden shall ensure corrective action regarding any such serious
any jail personnel or co-inmates while on their custody. violation within 24 hours. Also, the Jail Warden shall submit a written report in
f. Avoid establishing fraternal relationship with the HP/RIs and accept gifts or anything with response to the serious violation.
value from HP/RIs or HP/RIs relatives/contacts. (d) The inspector(s) shall re-inspect within 48 hours of the time he/she first observed
any serious violation to determine whether it has been corrected and shall prepare
Security Survey and Inspections a written report of the re-inspection.
a. Security Survey and Inspections shall be conducted every month in all jails with HP/RIs. (e) The following deficiencies shall be serious violations and subject to provisions of
b. All plans for emergency/crisis situation should be operationally tested and evaluated at least this section:
thrice a year. (i.) Failure of the policy and procedure directives to contain: (a.)
c. The BJMP Regional Director shall designate Security Inspector(s) for the purpose of Emergency Plans; (b.) Tool, knife, and firearms control
inspecting all district and municipal jail facilities with HP/RIs. The Security Inspector(s) shall (ii.) Persons assigned to food service areas known to have or suspected of
inspect for compliance with this Manual. having communicable diseases, open wounds, sores or respiratory
d. The Security Inspection process shall consist of two separate components: (a) Correctional infections.
Operations, and (b)) Medical Compliance. The criteria for each type of inspection is listed (iii.) Failure to provide modified diet when ordered by the Health
below: Authority. The facility inspector will ensure, through review of
(1) Correctional Operations Inspection - Inspectors shall only inspect for compliance with all medical files or confirmation by a physician, that denial of such a
applicable correctional operations standards as listed in this Manual. modified diet would be immediately detrimental to the health and well-
(2) Medical Compliance Inspection - Inspectors shall only inspect for compliance with all being of the inmate(s).
applicable medical standards as listed in this Manual. (iv.) Failure to provide separate storage for poisons and hazardous
e. The Security Inspector(s) will be directly responsible to the BJMP Regional Director. chemicals away from food.
Security Inspector(s) may confer privately with any employee or inmate. They shall also have (v.) Failure to establish agreement with one or more health care providers
access to all facility records and areas. to provide emergency services.
f. Within 5 days of completing an inspection of a facility, the Security Inspector shall forward a (vi.) Failure to maintain first aid supplies on premises.
complete official report to the Jail Warden. The report will contain checklists adequate to (vii.) Failure to have at least one staff member on duty trained in the delivery
record whether or not the detention facility is in compliance with respect to the requirements of first aid care and CPR
of this Manual. The Jail Warden shall have 10 days after receipt in which to respond to the (viii.) Permitting firearms and ammunition in secure areas of the facility
report. A copy of the inspection report and the Jail Warden's response will then be forwarded except in case of an emergency, and approved by the Jail Warden.
to the BJMP Regional Director within fourteen (14) days of completion. Inspection reports, (ix.) Failure to meet fire, safety, and prevention standards identified by a
responses, and all other reports or documents prepared by the Security Inspector(s) shall fire inspector as being life threatening.
become public records, and shall be subject to review.
Inspection Evaluation Process. (2) Notable violations.
(1) Serious violations. a. Notable violations shall include any discrepancy to these standards, which is not
(a) Serious violations are any violations to the provisions of this Manual or other included under "Serious Violations".
conditions, or practices that appear to pose a substantial and immediate danger to b. When an inspector's report indicates one or more violations, the Jail Warden shall
the life, health or safety of one or more HP/RIs or jail personnel. formulate a "corrective action" plan.
c. The corrective action plan shall specify, with respect to each violation, the 13.) Supervision of staff;
corrective action to be taken the timetable for such corrective action and the 14.) Care, custody, and control of inmates;
resources to be used. The corrective action plan shall provide for correction of all 15.) Provisions for administrative and disciplinary confinement;
violations as soon as practicable and shall require that substantial progress 16.) Procedures establishing conditions under which inmates will be screened and tested
toward corrections of discrepancies be demonstrated within a reasonable time. for infectious disease.
g. Regular general jail inspections conducive to good correctional practice are expected to be
conducted. III. CLASSIFICATION OF HIGH-PROFILE/RISK INMATES
h. Each facility shall keep permanent records pertaining to:
The BJMP shall adopt the classification system known as SECURITY RISK FACTOR SCORING
(1) Visitation - the name of the HP/RI, date, length of visit, names of visitors, relationship to (SERIF Scoring) in all jails/detention facilities with HP/RIs.
HP/RI, visitor's address, whether contact visit or noncontact visit.
Identified High-Profile/Risk Security HP/RIs shall be immediately transferred into more secured
(2) Exercise - the name of the HP/RI, date, time for exercise, whether it was outdoor or detention facilities.
indoor, and if the inmate refused. In those facilities where access to exercise is
unrestricted, documentation shall be by exception (i.e., where the inmate is denied SECURITY PROCEDURES
exercise).
Quality security procedures shall be implemented in all jails with HP/RIs.
(3) Medical observation - all pertinent medical information shall be recorded in the HP/RI's No straight duty hours extending four (4) hours should be allowed to every personnel assigned in jails
medical file. with HP/RIs.
i. Policy and procedure directives for the employees and inmates concerning the operation of Quality protective locks and key control scheme shall be established and strictly implemented. A key
each detention facility will be developed and maintained by each facility. The Jail Warden control system shall be designed to indicate the location of all keys and locks in the detention facility.
shall ensure at least one (1) formal review of his/her jail's policies and procedures is The system will include:
conducted on an annual basis. Additionally, employees should certify that they have read (f) A complete inventory of all keys;
and understand all such applicable policy and procedures on an annual basis. When (g) A written report of malfunctioning locks, broken or lost keys or other safety hazards that are
conducting detention facilities inspections, the inspector(s) will examine the content of the key related;
directives for compliance with facility rules and timely updating. The policy and procedure (h) Absolute control of security keys by correctional officers and never by inmates;
directives shall include the following: (i) A full set of emergency keys maintained in a secure and easily accessible location away from
1.) Emergency plans in the event of fire, riot, escape, natural disaster, epidemic the detention facility for use in the event of fire or another emergency;
disease, and hostage situations; (j) A key control system which provides a shadow board or other means of ensuring that staff
2.) Tool, knife, and firearms control; can immediately identify missing keys.
3.) Contraband control;
4.) Inmate property and "in-cell" belongings; Audio/video monitoring devices should be installed and operational in the cells of HP/RIs.
5.) Daily log and count procedures;
6.) Inmate grievances; Cell phone signal jammer shall be installed inside the jail so that no one could use cell phones inside
7.) Visiting procedures and control; the jail facility.
8.) Disciplinary procedures;
9.) Admission, classification, and release procedures; Surprise search for contrabands and inspections of cells and belongings of HP/RIs should be
10.) Health services; conducted in regular basis.
11.) Food services;
12.) Inmate contact with attorneys, the court, public officials, and the press;
All security facilities such as doors, bars, windows, ceilings, floors and locks should be examined at safety to the searcher. Wall searches are particularly useful when searching several inmates. Any
least three times a week to ensure that they are in good conditions. upright surface can be used. To begin the search, the searcher has the inmate face the wall or other
surface and lean spread-eagled against it. The searcher makes sure the inmate's feet are well apart.
The ratio of 1 is to 5-security or 5-man team structure must be undertaken at all times in escorting The inmate's head must be kept down. The searcher's assistant stands on the side of the inmate
High-Profile/Risk inmates. opposite the searcher and to the rear. When the searcher moves to the other side of the inmate, the
assistant also changes position. The searcher walks around the assistant when changing sides to avoid
Advance precautionary measures and planning should be undertaken for HP/RIs escorting and coming between the inmate and the assistant guarding the HP/RI.
transport.
If the HP/RI resists or tries to escape and must be restrained before the search is completed,
All jail personnel/guards shall be provided with photographs of all High-Profile/Risk inmates. the entire search is repeated from the beginning. If flex cuffs or hand irons are applied before the wall
search is completed, the inmate's forehead is placed against the wall to provide support in place of the
hands. Flex cuffs or hand irons are applied when the wall search is complete. When searching two or
IV. SEARCHING NEWLY COMMITTED HP/RIS. more inmates, the searcher has them lean spread-eagled against the same wall, but far enough apart so
i. HP/RIs must be searched immediately for weapons and contrabands. It is during the first they cannot reach one another. The searcher's assistant takes a position a few paces to the rear of the
contact with HP/RI that the greatest caution is needed to prevent surprise and dangerous acts. inmates. The searcher begins the search with the inmate on the right. After searching each inmate, the
Due caution, however, must be exercised constantly. Searches must be conducted by at least searcher has him move to the left end of the line and resume the wall-search position. This keeps the
two people. One person searches while the other person provides back-up or security. searcher from coming between the assistant and an inmate.

g. Either the stand-up search or the wall search may be used. The choice depends on the COME-ALONG TECHNIQUES
situation. The search is made not only of the person, but also of the immediate area. This Come-along techniques can be used to move resisting HP/RIs. The escorting team must be able to
prevents the person from grabbing a weapon move the HP/RI quickly and without the use of excess force. Flex cuffs or hand irons are placed on
resisters before moving them. This reduces a resister's ability to fight if he or she suddenly tries to do
h. Searchers must not search a member of the opposite sex. The searcher must wait until a so.
member of the opposite sex is available to make the search. If there are no female searchers
available to search a female HP/RI, any qualified woman, such as a medical professional, can
be called on to conduct the search. A member of either sex can search items that can be easily CARRY METHODS
removed, such as luggage, packages, shoes, hat, coat, and handbags. The two-person carry is the best come-along technique if there are enough escorts available.
This carry avoids injuries caused by excessive lifting. It also avoids injuries to an inmate. Personnel
STAND-UP SEARCH stands on either side of the inmate and grasps him under the legs and through his arms and around his
The stand-up search is a quick search of the inmate for weapons and contraband. In making back. The personnel may grasp each other's arms to prevent their hold from slipping. They also can
the search, the searcher has the inmate stand with his back to the searcher. The searcher's assistant perform this carry using riot batons. They place one baton under the legs behind the knees and the
takes a position where he can watch the inmate. The searcher commands the inmate to spread his feet other baton horizontally across the back. Both personnel then grasp the batons, forming a cradle.
and extend his arms above his head. The searcher then searches the inmate from head to feet,
crushing the clothing to locate any concealed weapons or contrabands. When the search is complete,
flexcuffs or hand irons are put on the inmate. The HP/RI may try to resist by stiffening and forcing himself out of the cradle. To counteract
this resistance, one personnel get behind the inmate and grasps the HP/RI under the arms. He locks
his hands in front of the HP/RI's chest for a more secure hold. The second personnel stand to one side
of the HP/RI and encircles the inmate's legs at the knees with his arm.

WALL SEARCH A one-person carry has a disadvantage. It involves lifting considerable weight. This can tire
When a weapon is found, or when other factors indicate the need, a wall search is conducted. the carrier quickly or cause a back injury. The escort lifts the inmate from the rear by grasping him
By rendering an inmate helpless by placing him in an awkward position, the wall search affords under the arms. The escort locks his hands in front of the HP/RI's chest. The escort then pulls the
inmate backward with the HP/RI's heels dragging the ground. A riot baton also may be used for this
technique. The escort approaches the HP/RI from behind. He lays the baton to the side of the HP/RI,
slightly behind the inmate's buttocks. He then forces the HP/RI into a sitting position, reaches under
the HP/RI's arms, and picks up the baton. He then rotates the baton to the front of the HP/RI's chest.
He places his free hand under the inmate's arm and grasps the other end of the baton. Again, the Front Hammerlock
escort pulls the inmate backward with the HP/RI's heels dragging the ground. For the front hammerlock the jail personnel face the inmate. He steps forward with his right foot
to the outside of the HP/RI's right foot. He grasps the HP/RI's right arm at the elbow with the jail
personnel's right-hand palm up. The jail personnel break the HP/RI's balance by pulling the HP/RI's
right arm slightly away from the HP/RI’s body. As he pivots behind the HP/RI, he strikes the inmate's
COME-ALONG HOLDS right wrist with his left wrist and bends the HP/RI's arm to the rear. As the jail personnel completes
A come-along hold is used to move an unrestrained, unwilling person from one place to the pivot behind the inmate, he drives his left fist straight up until the inmate's right wrist rests in the
another. It controls the person's movements without injuring him. A come-along hold puts pressure on bend of the jail personnel's left arm. He then rotates his left hand down, grasping the inmate's right
a sensitive part of the body and causes discomfort. The hold must be executed quickly and with as elbow. He pulls the HP/RI's right elbow tightly against his stomach. The inmate may be leaning
little commotion as possible. Speed is essential in applying these holds. Such holds are used only for forward in this position. The jail personnel complete the hold by reaching with his right hand over the
short distances until the inmate can be restrained. Each jail personnel must know which holds are best HP/RI's shoulder and grasping the left side of the HP/RI's face. The jail personnel apply pressure by
suited to his capabilities. turning the inmate's head to the right, pushing down with his left hand, and pulling up with his left
elbow.
Baton as a Restraint and Come-Along
The riot baton may be used as a restraining device and as a come-along hold at the same time.
The jail personnel has the HP/RI cross his hands behind his back. He slips the HP/RI's hand through
the baton's leather thong. He then twists the baton until the slack in the thong is taken up. The thong
can be tightened or loosened depending on the amount of pressure needed to secure the HP/RI. With
his left hand, the jail personnel grasp the left shoulder or the clothing over the shoulder of the HP/RI. Fingers Come-Along
He pulls the HP/RI slightly backward so that the HP/RI cannot pull away from the baton end, which The fingers come-along is tiring to maintain, but it is extremely useful in moving an inmate
is pressed against the small of the HP/RI's back. for a short distance. The jail personnel face the inmate. He steps forward with his right foot to the
outside of the inmate's left foot. As he steps, he reaches with both hands and grasps the inmate's left
wrist with his left hand. He grasps two or three fingers with his right hand. He then pivots
Gooseneck Come-Along counterclockwise on his right foot until he is standing beside the inmate. He thrusts the inmate's arm
To apply a gooseneck come-along the jail personnel approaches the HP/RI from the rear. He steps straight out in front of him at shoulder height, maintaining a tight grip on the inmate's wrist with his
forward with his left foot along the outside of the inmate's right foot. He grasps the inside of the left hand and bending the inmate's fingers down with his right hand. The jail personnel apply pressure
HP/RI's right arm at the elbow with his left hand. He then grasps the inmate's right hand with his right by keeping the inmate's arm locked straight and by pulling the inmate's fingers straight back toward
hand, placing his thumb inside the bend of the inmate's wrist and his fingers across the back of the the inmate's elbow. This hold can be applied on either hand.
HP/RI's right hand. With both hands, the jail personnel sharply pull the HP/RI off balance and to the
rear so the HP/RI's weight falls on the jail personnel's left shoulder. The jail personnel then bend the
HP/RI's right arm at the elbow and locks the HP/RI's right arm against his chest. He reinforces his Groin Lift
right hand with his left hand, placing both thumbs inside the bend of the wrist and his fingers across The groin lift is used to remove a resisting inmate from a wall or move him through a doorway.
the back of the inmate's hand. He locks both his elbows tightly to his side and steps up beside the The jail personnel approach the inmate from the rear. He steps for-ward and places his left foot next
inmate. He applies pressure as he steps up beside the HP/RI. He presses down on the back of the to the inmate’s left foot. He grasps the inmate's left wrist with his left hand, pulling the inmate's hand
inmate's hand, bending it under toward the forearm. sharply down between the inmate's legs. The jail personnel then grasp the inmate's left hand with his
right hand and pulls the inmate's arm up into the inmate's groin. He reaches with his left hand and
grabs the inmate's shoulder or collar. He can then move the inmate forward or backward by lifting the
inmate's arm against the inmate's groin as he pushes down on the inmate's shoulder with his left hand.
follow all jail rules and regulation and instructions given to them by staff. Visitor rules are noted
below.
Baton Come-Along
For the baton come-along the jail personnel grasps the center of the baton with his right hand. He Rules and Regulations for Visitors
approaches the inmate from behind. He rotates the baton to a position parallel with his right arm and 1. All visitors and their personal belongings are subject to search prior to entry into the jail and
pointed toward the inmate. He thrusts the baton between the inmate's legs. He rotates his right hand while in the jail.
so that his palm is turned up. He then pulls back and up, placing the baton across the inmate's upper 2. All visitors will pass through the metal detector prior to entering the visiting area.
thighs. The jail personnel reach up with his left hand and grasps the inmate's collar near the back of 3. All visitors must provide valid picture identification. Visitors without proper identification
his neck. To move the inmate, the jail personnel keep his right hand as straight as possible and exerts will not be permitted to visit inmate.
upward pressure from the shoulder. Simultaneously, he pushes forward with his left hand. This keeps 4. Only three visitors are permitted per inmate at one time; minors (under age 18) are not
the inmate on his toes and off balance to his front. included in this number. The Visitation Deputy will monitor the visitation area and may limit
the number of visitors if there is insufficient space.
5. All minors under the age of 18 must be accompanied by an adult.
Hammerlock Come-Along 6. Visitors who appear to be intoxicated or have the odor of alcohol will be denied access and
For the hammerlock come-along the jail personnel holds the baton in his right hand. He steps are subject to arrest.
forward with his right foot and between the inmate's left arm and body. As the baton passes to the rear 7. Visitors are expected to use trash cans located throughout the facility and jail supervisors may
of the baton passes to the rear of the inmate's body, the jail personnel push up and to the rear. He deny visitation to anyone who litters.
steps forward with his left foot to the outside of the inmate's left foot. He then reaches across the 8. Visitors will not bring plants, flowers, excessive amounts of books, papers or clothing into
inmate's left shoulder with his left hand and grasps the striking end of the baton. Pivoting on the ball the visitation area. Personal items brought into the facility are not the responsibility of the
of his left foot, he moves to the inmate's left rear. At the same time, he presses down with his left Office of the Jail Warden.
hand on the striking end of the baton in the direction of the inmate's left front. He also presses up on 9. Any visitor involved in vandalizing or defacing any part of the jail property will be prohibited
the grip end of the baton with his right hand. This bends the inmate well forward at the waist. from visiting. The visitor will be held liable for repairs and subject to prosecution.
10. Any visitor bringing drugs, alcohol or any other illegal or unauthorized items into the jail will
After the inmate has been subdued, the jail personnel hold the baton firmly with his right be prosecuted.
hand and releases his left hand. He reaches across the striking end of the baton with his left hand and 11. Smoking, drinking or eating are prohibited inside the building and in lobby areas. Jail
grasps the right side of the inmate's face under the jaw bone and forces the inmate's face to the left, Supervisor on duty will end a visit immediately if this rule is violated and future visits may
straightening him up. To apply pressure, he presses down on the striking end of the baton with his left be suspended. • Picture taking (still or video) is not permitted inside the facility. • The Jail
upper arm and pulls up on the grip of the baton with his right hand. Warden may permanently deny visitation privileges to individuals who consistently disregard
visiting rules and regulations.
12. All visitors shall stay inside the jail facility for the period not more than one (1) hour.
V. Visiting Privilege
Visits from Family and Friends Visiting hours and days for inmate’s family and friends are: Basic Equipment Requirements At minimum some form of equipment in each of the following
categories must be made available to jails with HP/RIs:
Monday - Thursday 9:00 PM – 11:00 AM
Saturday and Sunday 9:00 AM - 11:00 AM COMMUNICATIONS
1:00 PM - 4:00 PM a. Control Center. At Minimum the jail with High-Profile/Risk inmates should have at least two
No visiting on Friday phone lines and a Multi-channel radio system where by they can communicate with anyone
inside the facility. An Additional phone line should be included for outside communication.
All family visits must be arranged through the inmate. The inmate will sign-up for a visiting
time and he or she will notify family and friends of the day and time. Visitors should arrive no less i. All Staff. A handheld radio with belt case, each equipped with an earpiece and two back-up
than 15 minutes before the scheduled visiting time. Visitors will then be registered. Visitors must batteries each.
j. Vehicles. All jail vehicles should be equipped with Mobile Base Station Radio. MINIMUM CONSTRUCTION STANDARDS

PERSONAL SAFETY EQUIPMENT Design Standards - The following design standards are mandatory for all renovations, remodeling or
a. Personal Alarm. A remote, belt mounted device, that when set off by the wearer indicates that new construction of Jails with HP/RIs:
there is an emergency in the section of the facility where the officer is at. (k) All aspects of design and construction shall conform to fire and safety standards.
(l) All detention facility designs shall provide for the maximum visibility of inmates by
b. 2 Sets of Handcuffs and 1 Oversize Key. Two sets provide ability to cuff both fighters and/or Custodial officers/ personnel and shall provide for the protection and safety of the Custodial
over-size inmates. officers / personnel.
(m) Entry of inmates into a detention facility by vehicle shall be through a secure vehicular sally
port.
c. Flashlight. Small extra bright tactical light with red covered lens and wrist lanyard. (n) Modular construction, other than precast, shall comply with all safety and building codes.
(o) All exterior confinement walls shall be either 6 inches of poured, reinforced concrete, 4
k. Pepper Spray. For immediate use as self protection and inmate control. inches of precast concrete, or other material deemed secure, or 8 inches of reinforced and
filled concrete block. If concrete block is used, it must be reinforced horizontally with
l. Handheld spot lights masonry reinforcing 16 inches on center and vertically with #4 steel reinforcing rods 16
inches on center and all voids filled with 3,000 PSI of concrete from top to bottom.
m. Shotgun with gas and smoke launching capability (p) All interior walls surrounding a secure area shall meet the requirements for exterior walls.
Wet areas shall conform to all safety and building codes.
(q) All walls within a reduced custody housing area shall be standard masonry construction or
SECURE AREA EXTRACTIONS & RESTRAINT DEVICES other durable material which provides for a secure exterior wall.
This equipment is specifically designed protective gear for staff who may have to extract unruly or (r) Ceilings in a secure housing area shall be either poured or precast concrete. Poured in place
even psychotic inmates from an area in which they are already contained: concrete will be a minimum of 4 inches thick and reinforced. Precast concrete panels will be
a. Clear, Concave Restraint Shield. 5,000 PSI reinforced concrete and shall be the manufacturer's standard thickness. Three
b. Additional Chest, Shoulder and Neck Protective Padding. quarters of an inch of cement plaster on ribbed metal lathe will be acceptable when the
c. 2 Sets of Soft Restraints, including padded head gear. structural frame and secure walls of the building restrict escape routes. Cement plaster
d. 2 Camisole Straight Jackets. ceilings are required to cover pipework, conduit, and ductwork in areas where accessible to
e. Mobile Restraint Chair. inmates.
(s) Single occupancy cells will be designed with a minimum of 3 square meters of floor space.
ESCORT & TRANSPORTATION Available for use by any staff with Jail Warden Authorization: (t) Multiple occupancy cells will be designed with a minimum of 3 square meters of floor space
b. 6 Leg Irons per inmate in the sleeping area.
j. 6 Spit Hoods (u) Day room space shall be furnished providing a minimum of 3 square meters per inmate for all
k. 6 Belly Chains cell areas, except disciplinary and administrative confinement.
l. 6 Hand / Cuff Shrouds (v) Open dormitory or reduced custody housing units shall be designed with a minimum of 3
m. 1 Portable Restraint Chair meters of floor space per inmate, including both sleeping and day room area. However,
inmates who are allowed out of their unit for a minimum of 8 hours per day (e.g., work
HIGH TECH programs, treatment programs, educational programs, etc.), may be housed in areas
a. Fence Motion Sensors designated with a minimum of 3 square meters of floor space per inmate (sleeping and
b. Remote Cameras dayroom area included). The configuration of sleeping areas shall be such as to afford
maximum visibility for the Custodial officers/ personnel.
c. Cellphone Jammers
(w) Cells will be designed to include sufficient space for seating of inmates. Cells shall be located
d. Night Vision and Binoculars for observation posts. within sight or normal sound of an officer at all times. Inmates in a holding cell shall have
reasonable access to toilet, sink, and drinking water facilities upon request.
(x) Impervious floors shall be used in all areas. Suitable floor drains shall be installed so as to (c) In secure housing areas, light fixtures shall be secure and tamper-proof with no exposed
control vandalism. electrical conduit accessible to inmates. All switches and outlets with inmate access shall
(y) Provisions shall be made for emergency power to be constantly available for the purpose of have a remote override.
maintaining essential services, security, and safety systems throughout the facility. (d) Single occupancy cells shall have a toilet and sink. Showers should be located in the day
(z) Security vestibules are required whenever an entrance or exit penetrates the secure housing room area.
area or exterior confinement walls. Security vestibule doors shall be equipped with an (e) Multiple occupancy units, dormitory units, and direct supervision type housing units shall
interlock device to prohibit both doors being opened at the same time. Security vestibule door allow ready access to toilets, sinks, and showers.
locks shall be either electrically or mechanically operated from a control box located (f) Fixture counts shall be 2 toilets, 2 mirrors, 1 shower, and 2 sinks for each 16 inmates or
remotely from the vestibule. fraction thereof. Stainless steel fixtures are recommended.
(aa) Detention facilities shall provide a secure outside recreation area and multipurpose housing (g) ) Bunks and tables in maximum security housing areas shall be security type substantially
shall provide space for programs, visiting (including social and attorney visiting), and inside anchored.
recreation. There shall also be adequate areas for medical examination and for storage of (h) Flooding protection. Floor drains in inmate housing areas and holding cells shall be
inmate property. located to reduce the incidence of malicious tampering and flooding. Where practical, a
(bb) Provision shall be made for secure sensitive storage and for a safe storage for items such as drain shall be located in security corridors and not inside cells or day rooms. All facilities
chemicals and flammable material. shall be architecturally designed to satisfy all of the requirements of these standards.

All furnishings and equipment in secure housing areas shall be security type.
(a) Tool resistant steel of the latest industry standards shall be used in all security devices
which control access to the exterior of the facility.
(b) Window sash of all types located in inmates' secure housing quarters shall be of the
security type. Detention windows, fixed or operable, shall not have a clear opening width
exceeding 5 inches.
(c) Glass and glazing materials shall have the proper security values for the area in which
they are used.
(d) View panels in security areas shall be security type with security type glazing.
(e) Doors leading into secure housing areas shall be either a minimum of 12 gauge sound
deadened hollow metal with security glazed viewing panel or bar grille doors of not less
than 7/8" steel bars, round or hexagonal spaced 5" on centers. These doors shall be a
minimum of 3 feet wide.
(f) Cell doors shall be a minimum of 2'8" wide. Doors for single, multiple occupancy or
dormitory type cells shall be of a material and design consistent with the security
requirements of the area. Maximum security cell doors shall be either 12 gauge sound-
deadened hollow metal with security glazed panel or bar grille type.
(g) Doors to rooms in a reduced custody area or to individual cells in direct supervision areas
shall be sound-deadened hollow metal or solid core wood with viewing panels.

Mechanical systems shall include the following:


(a) Mechanical ventilation of all confinement areas not having adequate natural ventilation is
mandatory.
(b) If natural ventilation is used, the window shall have a free area equal to one-tenth of the
floor space. Cross ventilation is required.

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