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CHAPTER 7

INSTITUTIONAL CUSTODY, SECURITY AND CONTROL

I. DIVERSIFICATION: Concept and Importance


Diversification is an administrative device of correctional institutions of providing varied
and flexible types of physical plants for the more effective custody, security, and control of the
treatment programs or its diversified population.
Diversification is the principle of separating homogenous type of prisoners that requires
special treatment and custody. Separation can be done through proper classification of inmates.

FACTORS CONSIDERED IN DIVERSIFICATION


1. Age – prisoners who are 18 years old and below should be segregated from the older
groups to prevent the youthful offenders from becoming hardened criminals.
2. Sex – females and males are separated in separate institutions.
3. Medical or mental conditions – mentally ill, sexual deviates, physically handicapped and
hospital patients need to be segregated from the prison population because each group
needs special kind of treatment.
4. Degree of custody - is the most used factor for diversification that is the extent of strict
keeping necessary for the person in confinement.

II. THE CLASSIFICATION PROCESS

Classification
It is a method by which diagnosis, treatment planning, and execution of the treatment
programs are coordinated in the individual case study.

Classification
It is a process of determining the needs and requirements of prisoners for assigning them to
programs according to their needs and existing resources.

FOUR SEPARATE BUT COORDINATED CLASSIFICATION PROCEDURES


1. Diagnosis - Prisoner’s case history is taken and his personality studied by the RDC staff.
2. Treatment Planning - This is the formulation of the tentative treatment programs best
suited 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 policies by the classification committee.
4. Re-classification - the treatment program is kept current with the inmates changing needs
and with new analysis, based on any information not available at the time of the initial
classification committee meeting of the inmate’s case, which continues from the time of the
first classification until the inmate is released.

CLASSIFICATION BOARD
Every prison shall have a Classification Board that shall classify inmates accordingly or
determine the work assignment, type of supervision and custody which will be applied to the
prisoners.
Chairman…………Superintendent
Vice-chairman……Chief, RDC
Members…………. Medical Officer
Chief, Education Section
Chief, Agro-Industries Section
Secretary…………Chief Overseer

The Classification Board for Jails


Chairman – Assistant warden
Members: Chief security officer
Medical officer
Chaplain
Social Worker

III. INSTITUTIONAL SECURITY, CUSTODY AND CONTROL

1. Security - involves safety measures to maintain orderliness and discipline with in the jail or
prison
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.
3. Prevention Discipline – Involves prompt correction of minor deviations before they
become serious violations, which may be dealt with a reprimand or warning and is used
when the deviation is:
a. Trivial
b. Due to ignorance or lack of understanding; or
c. The result of careless or faulty habits.
4. Control - it involves supervision of prisoners to insure punctual and orderly movement to
and from one place of work or assignment to another.
5. Control Center - is centrally located and elevated facility with good fields of observation,
this is manned around the clock.

AIMS OF INSTITUTIONAL SECURITY AND CONTROL


1. Prevention of Escapes
2. Control of contrabands
3. Maintenance of good order

CONTRABAND - is anything that is contrary to prison or jail rules or regulations.

OPERATION GREYHOUND - operation conducted by the BJMP wherein a prisoner may be


checked at any time. his beddings, lockers and personal belongings may also be opened at any
time, in his presence wherever possible.

SECURITY RULES AND REGULATIONS


1. Strict control of firearms.
2. 24 hours supervision of prisoners at least 4 times head count in each 24 hours period.
3. Maintain a system of key control. Never allow a prisoner to handle keys or study them
4. Secure firearms and anti-riot equipment in the armory.
5. Supervision of proper use of tools and other potentially dangerous articles.
6. Conduct frequent inspections of security facilities.
7. Conduct frequent surprise quarter’s inspection.
8. Develop emergency plans for emergencies
9. Never open or enter the inmate’s quarter alone.
10. Exercise authority, supervision, and control over prisoner.

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
contraband to insure security and control within the prison.
CONTROL - It involves supervision of prisoners to insure punctual and orderly movement to and
from the dormitories, places of work, church, hospitals, and recreational facilities in accordance
with the daily schedule.

PRISON CUSTODIAL DIVISION


The Prison custodial Division is in charge of all matters pertaining to the custody of the
prisoners and security of the institution.

COMPOSITION OF THE PRISON CUSTODIAL DIVISION


Headed by:
- Chief Security Officer - Usually with the rank of Inspector to Senior Inspector
Assisted by:
1. Security officers - are assigned as commanding officers of the three shifts of guards and
the escort company or the platoon.
2. Supervising prison Guards- take charge of a big group of guard details or several posts
within the perimeter of the institution.
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.
4. Prison guards - Lowest in rank and assigned to man the sentinel posts, guard houses and
gates.

FUNCTIONS OF THE CUSTODIAL DIVISION:


1. Supervision of prisoners
2. Maintain order and discipline
3. Inspections and security
4. Escort5. Keep records

IV. OPERATIONAL PLANS IN JAILS OR PRISONS (Security and Control)


A. Emergency Plans
1. Fire crews should be organized, consisting of trained personnel, to man available resources
for emergency situation such as fire incidents.
2. The fire crew shall immediately respond to the scene to put off the fire while other
personnel shall station themselves according to emergency plans of the jail or prison.
3. Special group of inmates may be selected to form another group and should be separately
housed in close proximity to the fire truck and other equipment, they should be issued
uniforms different from ordinary inmates so that they can be checked and identified easily if
it becomes necessary to go outside the main compound.
4. The jail personnel not assigned with the fire crew shall be given specific assignments on
what to do in case of fire or conflagration.
2. In case of fire, at the first sign of the fire, the control center shall immediately sound a pre-
arranged alarm. At the same time crews shall immediately call the fire department or police
headquarters and other units that could help in putting out the fire and or evacuation of
prisoners.
3. The desk officer or the officer in charge of the keys of the storage place of firefighting
equipment, emergency gates and other gates of the different brigades should distribute the
keys to the responsible personnel concerned.
4. All inmates should be required to help in the putting out of the fire using the water in drums
and cans, the firefighting equipment and fire extinguishers and such other thing readily
available.
5. Government’s record shall be evacuated to a safe place according to priority and should be
under proper guards.
6. If it is necessary to evacuate inmate population, they should be evacuated in an orderly
manner using close vans and other vehicles or by any other means to pre-arranged
buildings or detention centers for their safe and temporary confinement.
7. First aid shall be administered to injured inmates, an institutional wide count of inmates
should be made, and security check shall immediately follow.

A. Plans in Case of Jailbreaks and Escapes


1. When a jailbreak, escape or riot is in progress or has just been perpetrated, the officer at
the 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
those on work details shall march on orderly manner to their cells.
3. All jail personnel, custodial or non-custodial, shall make themselves available for
emergency deployment. The desk officer shall issue firearms to members of the custodial
force who shall be immediately dispatched to strategic post according to plans.
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.
5. A simultaneous institution wide count shall be made to determine the number of inmates
who escaped and their identity.
6. If the identities of the escapees have been established, their names and other personal
circumstances shall immediately flash to all units of the district, station or sub-station, and
the police headquarters shall be notified.
7. Radio stations, TV stations and other news media shall also be notified for public
information in order to gain possible help in capturing the fugitives.
8. Recovery teams shall be formed to proceed to all possible hideouts, residence and houses
of relatives and friends for immediate capture.
9. In case of mass jailbreak, all members of the custodial force shall be immediately issued
firearm and assigned to critical posts to plug off the escapee’s route.
10. If any officer or member shall be held as hostage, reasonable caution to ensure the safety
of the hostage. It is better to give into the demands of the jail breakers if possible than to
place the lives of the personnel in jeopardy.
8. If the warden is taken as the hostage, for all intents and purposes, he ceases to exercise
authority and the next in command or the most senior officer present shall assume the
command.
9. If there are no hostages and the prisoners who are still inside the jail compound continue to
defy orders given by the prison authorities, the basic plans for riots or disturbances shall be
made.
10. When information is received that escapees are in a certain area, it is well to maintain
groups in that area to apply continuous pressure in order to force the escapees in
movements.

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.
4. Control center and communication lines for emergency calls shall be checked for readiness.
5. Armorer should make immediate preparation for anti-riot equipment.
6. Custodial force are grouped into three teams namely:
a. 1st Group – they composed the initial anti-riot assault team. Their objective is to
disperse the rioters and get their leaders.
b. 2nd Group – they serve as the backup force for the first group, for this purpose they
are equipped with tear gas and gas grenades.
c. 3rd Group – composed of guards trained on proper handling and use of firearms.
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:
a. Administer first aid to the injured
b. Have institution count made
d. Segregate ringleaders and agitators
e. Check security of the institution
a. Conduct a thorough investigation of the incident
b. Repair damages
c. Adopt effective measures to prevent repetition of similar incidents
d. Submit report to concerned authorities.
D. PLANS FOR EMERGENCY IN PRISON
Procedures in dealing with riots or disturbances
a. At the sound of the first alarm, all inmates shall be locked up inside their respective
cells/quarters. Inmate work crew shall immediately return to the prison compound or
previously designated areas for accounting and confinement after a head.
b. If the disturbance occurs during visiting hours, all visitors shall immediately have ushered
out of prison compound or if this is not possible, brought to a pre-determined area inside
said compound.
c. In the latter case, the visitors shall not be allowed to leave the said area or the compound
until disturbance has ceased and the inmates have been properly identified.
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 present shall take command of the custodial force and make assessment of the
situation.
e. All telephone calls to and from the prison compound shall be controlled
f. Based on the assessment of the prevailing condition by the OIC, he may deploy the
guards in the following groups:
1. 1st Group – the initial wave of anti-riot contingent whose purpose is to disperse rioters.
They are armed with wicker shields, headgears, gas masks and batons.
2. 2nd Group – equipped with teargas guns and gas grenades.
3. 3rd Group – trained in proper handling and use of firearms.

After the riot, the following procedure shall be followed:


1.Conduct head count
2.Segregate ringleaders and agitators
3.Assess and determine the damage to the facilities
4.Investigate the cause of the riot
5.Repair damages
6.Adopt measures to prevent similar incident
7.Administer first aid to the injured
8.Submit a report of the incident to the secretary

CHAPTER 8
DISCIPLINARY BOARD IN JAILS AND
MANNER OF RELEASING PRISONERS

I. THE DISCIPLINARY BOARD FOR JAILS


It is organized and maintained for the purpose of hearing disciplinary cases involving
violation of jail rules or regulations by the inmates.

The Disciplinary Board has the authority to impose disciplinary punishments such as:
a. Reprimand
b. Temporary or permanent cancellation of some or all privileges (visiting privileges,
recreational privileges and other privileges)
c. Extra-fatigue duty or assignment to a disciplinary squad for manual labor
d. Close confinement in a cell which shall not exceed 7 days in any calendar month.
This punishment shall be imposed only in the case of incorrigible inmate when other
disciplinary measures are proven ineffective.
e. Transfer to other penal institutions
f. Partial or full forfeiture of good conduct time allowance to be earned for that month
and subsequent month depending upon the gravity of the offense.
Note: instrument of restraint such as handcuffs, leg iron and strait jacket are not to be applied
as a form of punishment. They shall only be used as a precaution against escape or on the ground
of medical precautions to prevent the offender from injuring himself or others.
 
* Breaches of Discipline must be handled without anger or emotionalism and decisions
must be executed firmly and justly.

Types of report that may initiate Disciplinary Action


 
1. Behavior Report – reports that includes both bad attitude as well as exceptionally good
work habits. This is intended to call the attention of the inmates’ acts such as lack of self-
control.

2. Misconduct Report – it carries every violation of laws or rules. Every case shall include an
investigation and heard by the Board.

Composition of the Disciplinary Board


Chairman - Assistant Warden
Members - Chief Security officer
- Medical/Health officer
- Jail chaplain
- Social Worker or the Rehabilitation Officer
Note: if the above composition is not feasible because of personnel limitations, the jail warden
may perform the function as the Board Summary Hearing Officer.

Duties and Functions of the Disciplinary Board


The Warden tasks the Board to investigate the facts regarding the alleged misconduct
referred to it. It holds sessions as often as necessary in a room that may be provided for the
purpose. All cases referred to it must be heard and decided within 48 hours from the date of the
receipt of the case.

Limitations of Punishments Imposed to Offenders


The General Rule is “Every violation of jail/prison discipline shall be dealt with accordingly.
In extreme cases, where the violations necessitate immediate action, the warden or the Officer of
the Day may administer the necessary restraints and reports the action taken to the Disciplinary
Board.”

Procedures in the Hearing of Disciplinary Cases


1. The aggrieved inmate informs or notifies any member of the custodial force of the violation.
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
investigation. He then submits his reports to the warden together with his
recommendations.
4. The Warden evaluates the reports and if he believes that there is no sufficient evidence to
support the alleged violation, he may dismiss the case. If he believes that there exists
sufficient evidence, he shall decide the case and impose the necessary penalty in case of
minor violations.
5. If the case is less grave or grave, he shall endorse it to the Board for hearing or decides it
himself as a summary officer if there is no Disciplinary Board.
6. The prisoner shall be confronted of the reported violation and asked how he pleads to the
charge. If he admits the violation or pleads guilty, the Board shall impose the corresponding
punishment.
7. If the prisoner denies the charge, the hearing shall commence with the presentation of
evidence and other witnesses by the Desk Officer. The prisoner shall then be given the
opportunity to defend himself by his own testimony and other evidences to prove his
innocence.
8. After the hearing, the Board shall decide the case based on the merits.
9. Whether the prisoner is found guilty or not, he should be advised to obey the rules and
regulations strictly and should be reminded that good behavior is indispensable for his early
release and/or the granting of privilege.
10. Decisions of the Board or the Summary Hearing Officers are subject to review or approval
by the Warden. The offender may request a review of the findings of the Board or summary
Hearing Officer and the appropriateness of the penalty to the Central Office of the BJMP
whose decision shall be final.

Under section 3, par. D, Rule XIV of the BJMP Manual states the limitations of punishments
imposed to offenders as:
1. No female offender shall be subjected to any disciplinary punishment that may affect her
unborn or nursing child.
2. No handicapped offender shall be made to suffer a punishment that might affect his health
or physical well-being.
3. Corporal punishment, confinement in dark, ill-ventilated cells and any other form of cruel,
unusual, inhumane or degrading punishment are absolutely prohibited.
4. Whenever the penalty of extra-fatigue duty or solitary confinement imposed affect the
health of the offender, medical examination shall be conducted to determine his physical
fitness to serve his punishment.
5.  The jail physician shall visit the inmate undergoing punishment when necessary and shall
advise the warden if he recommends the termination of the punishment on grounds of
physical and mental health.

II. PUNISHABLE ACTS IN JAILS

A. Minor Offenses
1. Selling or bartering with fellow inmates of items not classified as contrabands;
2. Rendering personal services to fellow inmates
3. Untidy or dirty in his personal appearance
4. Littering or failing to maintain cleanliness and orderliness in his quarters and/or surroundings.
5. Making frivolous or groundless complaints
6. Reporting complaints on behalf of other prisoners
7. Late in formation or duty without justifiable reasons; and
8. Willful waste of food.

B. Less Grave Offenses


1. Failure to report for work detail without sufficient justification.
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
5. Swearing, cursing or using profane or defamatory language, directed personally towards
other persons
6. Malingering or reporting for sick call to escape work assignment
7. Spreading rumors or maliciously intriguing against the honor of any persons particularly
members of the custodial force.
8. Failing to stand at attention and give due respect when confronted by or reporting to any
officer or member of the custodial force
9. Forcing fellow inmates to render personal services
10. Exchanging uniform or wearing clothes other than those issued to him for the purpose of
circumventing jail rules
11. Loitering or being in an unauthorized place
12. Using the telephone without authority from the desk officer
13. Vandalism
14. Withholding information which is inimical and prejudicial to the jail administration
15. Possession of lewd or pornographic materials
16. Absence from cell or brigade or place of work during headcount, or at any time without
justifiable reasons
17. Failing to turn over any articles issued after the work detail
18. Committing any acts prejudicial to or which is necessary to good order and discipline.
C. Grave Offenses
1. making untruthful statement or lies in an official communication, transaction, or investigation
2. keeping or concealing keys or locks of places in the jail where it is off-limits to prisoners
3. giving gifts, selling to, or bartering with jail personnel
4. keeping in his possession money, jewelry, or other contrabands which the rules prohibit
5. tattooing or allowing himself to be tattooed on any part of the body, or keeping any
paraphernalia to be used in tattooing
6. Forcibly taking or extracting money from fellow inmates or from visitors
7. punishing or inflicting injury or harm upon himself or other inmates
8. receiving, keeping and taking or imbibing liquor or other prohibited drugs
9. making, improvising or keeping any kind of deadly weapons
10. concealing or withholding information on plans of attempted escapes
11. unruly conduct and behavior and flagrant disregard of discipline and instructions
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
cause such disturbance or riot
15. Indecent, immoral or lascivious acts by himself or others and/or allowing to be the subject of
such indecent, immoral or lascivious acts.
16. Acts and disrespectful manner towards any officer or member of the custodial force
17. Willful disobedience to a lawful order issued by an officer or member of the custodial force
19. Assaulting any officer or member of the custodial force
20. Damaging any government property or equipment issued to the inmates
21. Participating in any kangaroo court, an unauthorized or irregular court conducted with
disregard for or perversion of legal procedures as a mock court by inmates in jail/prison.
22. Affiliating oneself to any gang or faction whose main purpose is to foment regionalism or to
segregate themselves from others.
23. Failing to inform the authorities concerned when afflicted with any communicable disease,
like VD, etc..
24. Engage in gambling or any game of chance
25. Committing any act which is in violation of any law or ordinance, in which case, he shall
separately be prosecuted criminally in accordance with law.

PROHIBITED ACTS IN PRISON


1. Participating in illegal sexual acts or placing himself in situations or behavior that will
encourage the commission of illegal sexual acts;
2. Openly or publicly displaying photographs, pictures, drawings, or other pictorial
representations of persons engaged in sexual acts, actual or simulated, masturbation,
excretory functions or lewd or obscene exhibitions of the genitals;
3. Possessing articles which pose a threat to prison security or to the safety and well being of
the inmates and staff;
4. Giving gifts, selling or engaging in barter with prison personnel;
5. Maligning or insulting any religious belief or group;
6. Rendering personal services to or requiring personal services from a fellow inmate;
7. Gambling, etc.

PUNISHMENT IMPOSED IN DISCIPLINARY CASES


1. Solitary confinement – applicable in extreme case specially when there is danger that the
prisoner may hurt himself or others.
2. Locking in his cell with loss of yard privileges
3. Loss of privileges such as visiting, correspondence and other privileges
4. Transfer to another institution
5. Assignment to a disciplinary squad for manual labor
6. Counsel and reprimand – imposed in trivial cases
7. Loss of Good Conduct Time Allowance

III. TREATMENT OF SPECIAL OFFENDERS


Special offenders include women offenders, drug addicts, alcoholics, mentally ill persons
and sex deviates, escape prone prisoner, suicide risk prisoners, the handicapped, aged and
infirmed, youth offenders and alien inmates
Under Rule 5 of the BJMP manual, it states that unusual offenders should not be held in
jails or prison with the common jail/prison population. They should be segregated in other
institutions as their temporary detention houses. However special methods of treatment shall be
made such as the following:

A. Female Offenders:
8. The women’s quarter should be fully separated from the men’s quarters and no men shall
be allowed to enter the women’s quarter.
9. Female jail staff members must do all handling and supervision of female prisoners.
10. Only works suitable to their sex, age, and physical conditions should be assigned to them.

B. Drug Addicts
9. Segregate addicts from other inmates especially during the withdrawal period.
10. Maintain close supervision to prevent attempts to commit suicide or prevent him from
harming his self.
11. No sedatives/stimulants shall be prescribed or administered except by a physician.
12. Follow strictly the jail physician advice regarding diet and other treatment measures during
the withdrawal period.
13. Prompt search of the addict’s quarters should be conducted and constant alertness to
prevent the smuggling of narcotics and other dangerous drugs shall be maintained.

C. Alcoholics
2. Place the alcoholic in a comfortable quarter separate from the other prisoners and maintain
close supervision to guard against suicide attempts
3. Report to the jail physician any symptoms of abnormal behavior
4. Maintain close supervision to guard against the smuggling of liquor and other intoxicating
drinks or products containing alcohol.

D. Mentally Ill
1. The mentally ill should be under the close supervision of the jail physician.
2. Place the mentally ill in individual cells, and provide special restraint rooms for violent
cases.
3. Maintain close supervision to guard against suicide attempts or violent attacks on others
4. Cause their immediate transfer to mental institution for proper psychiatric treatment.

E. Sex Deviates
1. The homosexual should be segregated immediately to prevent them from influencing other
inmates to abnormal behavior
2. The other sex deviates, likewise, should be separated from the other inmates for closer
supervision and control.
F. Escape-prone prisoners
1. They should be held in the most secured quarters, preferably in single cells.
2. Supervise their conduct closely and observe their actuation during and after visiting hours.
3. Search their quarters frequently and subject them to frequent strip searches.
4. Special attention should be given to the examination of their mail
5. Restrict the telephone calls and allow them to use the telephone only6 if monitors on an
extension.

G. Suicide-risks prisoner
1. they should be given close and constant supervision
2. They should be subjected to frequent strip search.

H. the Handicapped, Aged and Infirmed


3. the handicapped should be housed separately and closely supervised to protect them from
maltreatment by other prisoners.
2. Special treatment should be given to these prisoners who shall be required to work only in
accordance with their physical capabilities for their own upkeep, and for the sanitation of
their quarters and surroundings.

I. The Youth Offenders:


In the arrest/detention of a youthful offender, the following shall be observed:
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 mental examination.
b. A youth offender held for physical and mental examination during trial or pending appeal, if
unable to furnish bail, shall, from the time for his arrest, be committed to the care of:
1. The DSWD thru its local office or representative in the community;
2. The local rehabilitation center;
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
center or agency, the city and/or municipal jail shall provide quarters for youth
offenders separate from other detainees.
c. Whenever it is for the best interest of the community and the effective rehabilitation of the
youth offender, considering the age, immaturity, gravity of the offense, situation of the
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 recognizance, to the custody of his parents or other suitable person who shall
be responsible for his appearance whenever required; and
d. The foregoing procedure pertains merely to the custody, detention, and rehabilitation of
youth offenders. Consequently, the usual course of investigation of his case until its filing
with the proper court should be pursued by the arresting elements concerned.

J. Alien Inmates
- The Warden shall notify the Commission on Immigration of the receipt of an alien prisoner
stating -
1. the name of the inmate
3. the place of confinement (name of jail)
4. his nationality and the number of his alien Certificate of Registration
5. the offense committed; and
6. the court imposing the sentence.

ALTERNATIVES TO JAIL CONFINEMENT


1. segregation of special offenders to other institutions
2. payment of fines
3. extensive use of probation
4. bail
5. diversification
6. delayed sentence

PRE-RELEASE TREATMENT OF OFFENDERS


It is a program specifically designed and given to a prisoner, during a limited period, prior to
his release from prison, in order to give him an opportunity to adjust himself from the regimented
group life in prison to the normal life of a free individual.

IV. MANNER OF RELEASING PRISONERS


1. A prisoner may be released by:
7. Service of sentence;
8. Order of the court
9. Parole
10. Pardon
11. Amnesty
12. Any lawful order of competent authority
2. If feasible, an inmate shall be notified of his release at least one week before the date of
such discharge
3. Before an inmate is released, he shall be properly identified to ensure that he is the same
person received and to be released. His marks and fingerprints shall be verified with those
taken when he was received.
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.
5. An inmate shall be released promptly and without unreasonable delay. However,
before the release of the inmate who is suffering from contagious disease and who cannot
defray the 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.
6. Under proper receipt, all money earned and other valuables held in trust when first
admitted, shall be returned to the inmate upon release
7. The released inmate shall be issued a Certificate of Discharge from jail by the Warden or
jailer.

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.

Who may authorize release – The following are authorized to order or approve the release of
inmates:
a. Supreme Court or lower courts, in cases of acquittal or grant of bail;
b. President of the Philippines, in cases of executive clemency or amnesty;
c. Board of Pardons and Parole, in parole cases; and
d. Director, upon the expiration of sentence of the inmate.

SEPARATION AND PLACEMENT CENTER- An inmate shall, thirty (30) days before his
scheduled date of release, be transferred to the Separation and Placement Center to prepare him
for re-entry into free society

PRE-RELEASE SEMINAR – All inmates eligible for release shall undergo a one-day seminar in
preparation for his life outside prison.

LEAVES FROM JAIL


Leaves from jail shall be allowed only on very meritorious cases, like the following:
1. Death or serious illness of spouse, father, mother, brother or sister, or children.
The inmate is allowed to view the remains of a deceased relative only if the remains are
within a 30-kilometer radius by road from the confinement facility and the actual stay of
the inmate to view the remains should not exceed three (3) hours.
2. Inmates who are seriously ill/injured may be given leave for hospitalization or medical
attendance under proper escort. However, leaves of detention prisoners shall require prior
approval of the courts having jurisdiction over them; provided, however, that in cases of life
and death, the Warden, on his own discretion, may allow an inmate’s
hospitalization/medical treatment.

CHAPTER 9
LAWS AND DECREES USUALLY AVAILED
TO DECONGEST JAILS AND CRIMES INVOLVING CONVICTS

I. PENAL PROVISIONS ON CORRECTION

1. PRESIDENTIAL DECREE NO. 968, As amended, known as the adult Probation Law,
grants probation to prisoners sentenced to prison terms of not more than six years and one
day.
2. ACT NO. 4103, As amended, creating the Board of Pardons and Parole tasked to look into
the physical, mental and moral record of prisoners to determine who shall be eligible for
parole or conditional pardon.
3. PRESIDENTIAL DECREE NO. 603 (Amended by RA 9344) -known as the child and youth
welfare code, suspends sentence of minor offenders whose ages range from nine (9) years
to under eighteen (18) years and place them in rehabilitation centers under the supervision
of the DSWD before they are released to the custody of their parents or to any responsible
person;
4. Section 6, RA 9344 - Minimum Age of Criminal Responsibility
a. A child fifteen (15) years of age or under at the time of the commission of the offense
shall be exempt from criminal liability.
b. A child above fifteen (15) years but below eighteen (18) years of age shall likewise
be exempt from criminal liability and be subjected to an intervention program, unless
he/she has acted with discernment, in which case, such child shall be subjected to
the appropriate proceedings in accordance with this Act.
b. The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws.

5. REPUBLIC ACT NO. 6036 -known as the release on recognizance law, provides for the
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 in the community, instead of a bail bond;
6. REPUBLIC ACT NO. 6127, - Fully deducts the period of the offenders’ preventive detention
from the sentence imposed by the courts;
7.  BATAS PAMBANSA BILANG 85 - Authorizes the release of a detainee who has
undergone preventive imprisonment equivalent to the maximum imposable sentence for the
offense he is charged with.
8. REPUBLIC ACT NO. 10592 AMENDED ARTICLE 96 OF THE REVISED PENAL CODE -
Provides that in meritorious cases, the commutation of the prisoner’s sentence through
presidential action shall be upon the recommendation of the court which imposed the same;
and ARTICLE 97, which provides that a prisoner shall be entitled to a deduction from his
prison term for good conduct;
9. DEPARTMENT OF JUSTICE MEMORANDUM CIRCULAR NO. 6- which directs all
wardens or anyone in-charge of local jails to affect the immediate transfer of national
prisoners to the Bureau of corrections.

PHILIPPINE CONSTITUTION OF 1987


- The state values the dignity of every human person and guarantees full respect for human
rights.(Sec 11, Art. II)
- No person shall be detained solely by reason of his political beliefs and aspirations.(Sec 18
(1), Art. III)
- No voluntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been fully convicted. (Sec 18 (2), Ibid.)
- Excessive fines shall not be composed, nor cruel, degrading or inhuman punishment
inflicted. x x x (Sec. 19 (2). Ibid.)
- The employment of physical, psychological, or degrading punishment against any prisoner
or the use of substandard or inadequate penal facilities under subhuman conditions shall be
dealt by law.(Sec 19 (2), Ibid.)

REVISED PENAL CODE


- “No felony shall be punishable by any penalty not prescribed by law prior to its
commission”. (Art. 21, RPC)

PHILIPPINE PROBATION LAW (P.D. NO. 968)


- One of the major goals of the government is to established a more enlightened and humane
correctional system that will promote the reformation of offenders and thereby reduce the
incidence of recidivism.
- The confinement of all offenders in prisons and other institutions with rehabilitation
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 are likely to respond to individualized, community-based treatment programs.

RA 7659 – Reimposition of death penalty on heinous crimes


RA 8177 – designating death by lethal injection as the method of carrying out death penalty
RA 9346 – An Act Prohibiting the imposition of death penalty in the Philippines.
Note: The Laws RA 7659 and RA 8177 are no longer applicable today, because death was
already abolished in the 2006 by virtue of RA 0346

II. CRIMES INVOLVING CONVICTS


1. Delay in the Delivery of detained Persons to the Proper Judicial Authorities (Art. 125,
RPC) A felony committed by a public officer or employee who shall detain any person for some
legal ground and shall fail to deliver such person to the proper judicial authorities with in the period
of:
12 hours – for crimes or offenses punishable by light penalties;
18 hours – for crimes or offenses punishable by correctional offenses;
36 hours – for crimes or offenses punishable by afflictive or capital penalties.

The crime of arbitrary detention is committed when the detention of a person is without legal
ground. The legal grounds of detention are:
1. commission of a crime
2. violent insanity or other ailment requiring compulsory confinement.
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
prisoner or unduly delays the services of the notice of such order to said prisoner.

2. Delivery of Prisoners from Jail (Art. 156, RPC)


Elements:
1. the offender is a private individual
2. he removes a person confined in jail or a penal institution or helps in the escape of such
person
3. The means employed are violence, intimidation, bribery or any other means.
If the offender is a public officer or a private person who has the custody of the prisoner and
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 CUSTODY
OF A PERSON NOT A PUBLIC OFFICER (Art. 225)
Note: This offense like other offenses of similar nature may be committed through
imprudence or negligence.

3. Evasion of Service of Sentence (Art. 157-159, RPC)


Evasion of Service under Art 157:
Elements:
1. Offender is a prisoner serving sentence involving deprivation of liberty by reason of final
judgment,
2. He evades the service of his sentence during the term of his imprisonment.

4. Evasion of Service of Sentence on the Occasion of Disorders due to conflagration,


Earthquakes, or Other Calamities (Art. 158, RPC)
Elements:
1. Offender is a prisoner serving sentence and is confined in a penal institution;
2. He evades his sentence by leaving the institution;
3. He escapes on the occasion of a disorder due to conflagration, earthquake, explosion, or
similar catastrophe or mutiny in which he has not participated; and
4. He fails to give himself up to the authorities within 48 hours following the issuance of a
proclamation by the Chief Executive regarding the passing away of the calamity.

INFIDELITY OF PUBLIC OFFICERS


1. Infidelity in the custody of Prisoners through Connivance (Art. 223, RPC) - A felony
committed by any public officer who shall consent to the escape of a prisoner in his custody
or charge.
2. Infidelity in the custody of Prisoners through Negligence (Art. 224)- A felony
committed 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)

Other Offenses or Irregularities by Public Officers


1. Maltreatment of Prisoner (Art. 235, RPC)
Elements:
1. Offender is a public officer or employee
2. he overdoes himself in the correction or handling of such prisoner by imposition of
punishment not authorized by regulation or by inflicting such punishment in a cruel or
humiliating manner.
The felony of physical injuries is committed if the accused does not have the charge of a
detained prisoner and he maltreats him. And if the purpose is to extort a confession, grave
coercion is committed.

Good conduct time Allowance (GCTA)


Good conduct time allowance is a privilege granted to a prisoner that shall entitle him to a
deduction of his term of imprisonment.
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:
1. During the first two years of his imprisonment, he shall be allowed a deduction of 20 days
for each month of good behavior.
2. During the third to the fifth years of his imprisonment, he shall be allowed a deduction of 23
days each month of good behavior.
3. During the following years until the tenth years of his imprisonment, he shall be allowed a
deduction of 25 days each month of good behavior.
4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of 30 days each month of good behavior.

Act No. 3316– The law that provides for the formal basis for the grant of GCTA for prisoners

SPECIAL TIME ALLOWANCE FOR LOYALTY- A deduction of 1/5 of the period of his sentence
shall be granted to any prisoner who having evaded the service of his sentence under
circumstances mentioned in Art. 158 of the RPC, gives himself up to the authorities within 48
hours following the issuance of proclamation announcing the passing away of calamity,
catastrophe such as earthquake, conflagration, mutiny, etc.

Ground for Increasing Penalty - 1/5 of the remaining sentence of the prisoner shall be added to
his sentence if he fails to surrender himself to the authority when he escapes from prison under
circumstances enumerated in Art. 158 of the RPC. Provided, however, that the added sentence
should not exceed 6 months.

CHAPTER 10
HANDLING OF HIGH-RISK AND
HIGH-PROFILE INMATES

I. Definition of Terms
1. Classification - Is the system of classification of High- Risk Inmates based on the level of
risk in security.
2. Control - Is the system of containment of High- Profile/Risk inmates to prevent them from
escaping and staging trouble inside the jail.
3. Custodial Services - Refers to the task, activities and programs in the custody, security
and control of High-Profile/Risk inmates.
4. Detention Prisoner\ - Pertains to a person who is confined in jail facilities during the
pendency of his
5. Effective - Refer to doing the right thing in order to attain organizational goal and objective
of preventing escapes and disturbances involving HP/RIs.
6. Efficient - Refer to the capability to do things right in order to attain organizational goal and
objective of preventing escapes and disturbances involving HP/RIs using the minimum
amount time and resources possible.
7. Escape - Refers to the act of breaking out from jail by the inmate with the purpose of
avoiding punishment of the law or hardships inside the jail.
8. Handling - Refers to the management, custody, security, treatment and control of certain
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
participator or as a victim.
9. High-Profile Inmate (HPI) - Refers to a legally detained person, classified either a security
high-risk prisoner or a low-risk prisoner, prominent / well known in society or involved in
highly controversial cases and sensationalized by the media through publication in any
newsprints, radio and television in nation-wide coverage in not less than two days, including
but not limited to prominent politicians, big time drug/gambling lords, kidnapping syndicate
leaders, police/military officers, terrorist group leaders / members, etc.
10. High-Risk Inmate - Refers to HRI who has the capability and tendency of escaping and/or
involving into violence or disturbances inside the jail as observed personally by the jail
personnel and administration.
11. Inmate - Refers to a person being held for confinement inside the jail either to an offense
charged or for safekeeping purposes. In this manual, it refers to those confined at BJMP-
controlled jail facilities and/or PNP Detention/Custodial Unit either convicted or not.
12. Low-Risk Inmate - Refers to LRI who has no capability and low tendency of escaping and /
or involving into violence or disturbances inside the jail as observed personally by the jail
personnel and administration.
13. Quality - Refers to the state of passing the standards of an effective and efficient handling
of High-Profile/Risk inmates.
14. Standard - Refers to the features of an effective and efficient handling of High-Profile/Risk
inmates, such as: optimum security measures, technology, equipment and facilities; well-
trained personnel; dedicated leadership; and humane control of HP/RIs.

II. ADMINISTRATION OF JAIL/DETENTION UNIT WITH HP/RIs

RESPONSIBILITIES OF JAIL WARDEN


a. Responsible for the custody, security and control of High- Profile/Risk inmates at all times
until released by proper authorities or transferred to other penal institution or jail.
b. Responsible for the administration of the jail/detention unit with HP/RIs and enforcement of
pertinent regulations therein.
c. Responsible for the custody of all records concerning the HP/RIs.
d. Responsible for the observance of the provisions of Republic Act 7438 (An Act Defining
Certain Rights of Person Arrested, Detainee or under Custodial Investigation as well as the
Duties of the Arresting, detaining and Investigating officers and Providing Penalties for
Violation thereof).
e. Responsible for the continuous monitoring of the activities of all HPIs and jail guards on
duty and implementation of “no contact/communication” policy between HP/RIs and jail
guards.
f. Responsible for the supervision jail guards on duty and implementation of “no long straight
duty” policy.

RESPONSIBILITIES OF JAIL GUARDS


a. Responsible for the guarding of HP/RIs and prevention of their escape.
b. Responsible for not allowing other persons, PNP or BJMP personnel to communicate with
HP/RIs except with written authority from the jail warden.
c. Responsible for the search of all persons entering the jail and inspection of all packages
being brought inside the jail or cell of HP/RIs.
d. Responsible for the observance of the provisions of Republic Act 7438 (An Act Defining
Certain Rights of Person Arrested, Detainee or under Custodial Investigation as well as the
Duties of the Arresting, detaining and Investigating officers and Providing Penalties for
Violation thereof).
e. Responsible for familiarizing the physical identity of all HP/RIs under his/her watch.
f. Responsible for the protection of HP/RIs against any harassment, maltreatment and abuses
by any jail personnel or co-inmates.
g. Responsible for not allowing himself to accept straight duty extending more than four (4)
hours.
h. Responsible to train themselves in observing signs of deterioration in the security system
and to report immediately any weaknesses and threat in jail physical security.

Responsibilities of Escorts
a. Responsible for the custody of HP/RIs assigned to him while in transit and outside the jail to
attend court hearings.
b. Responsible for the prevention of escape of HP/RIs while in transit.
c. Responsible for the search of HP/RIs assigned to him and inspection of all packages/things
of HP/RIs while in transit.
d. Responsible for familiarizing the physical identity of all HP/RIs under his/her watch.
e. Responsible for the protection of HP/RIs against any harassment, maltreatment and abuses
by any jail personnel or co-inmates while on their custody.
f. Avoid establishing fraternal relationship with the HP/RIs and accept gifts or anything with
value from HP/RIs or HP/RIs relatives/contacts.

Security Survey and Inspections


a. Security Survey and Inspections shall be conducted every month in all jails with HP/RIs.
b. All plans for emergency/crisis situation should be operationally tested and evaluated at
least thrice a year.
c. The BJMP Regional Director shall designate Security Inspector(s) for the purpose of
inspecting all district and municipal jail facilities with HP/RIs. The Security Inspector(s) shall
inspect for compliance with this Manual.
d. The Security Inspection process shall consist of two separate components: (a) Correctional
Operations, and (b)) Medical Compliance. The criteria for each type of inspection is listed
below:
(1) Correctional Operations Inspection - Inspectors shall only inspect for compliance with all
applicable correctional operations standards as listed in this Manual.
(2) Medical Compliance Inspection - Inspectors shall only inspect for compliance with all
applicable medical standards as listed in this Manual.
e. The Security Inspector(s) will be directly responsible to the BJMP Regional Director.
Security Inspector(s) may confer privately with any employee or inmate. They shall also
have access to all facility records and areas.
f. Within 5 days of completing an inspection of a facility, the Security Inspector shall forward a
complete official report to the Jail Warden. The report will contain checklists adequate to
record whether or not the detention facility is in compliance with respect to the requirements
of this Manual. The Jail Warden shall have 10 days after receipt in which to respond to the
report. A copy of the inspection report and the Jail Warden's response will then be
forwarded to the BJMP Regional Director within fourteen (14) days of completion.
Inspection reports, responses, and all other reports or documents prepared by the Security
Inspector(s) shall become public records, and shall be subject to review.
Inspection Evaluation Process.
(1) Serious violations.
(a) Serious violations are any violations to the provisions of this Manual or other
conditions, or practices that appear to pose a substantial and immediate danger
to the life, health or safety of one or more HP/RIs or jail personnel.
(b) When a facility inspector observes a serious violation, he/she shall immediately
notify the Jail Warden of the violation and of he/she duty to correct the violation.
The inspector(s) shall also, within 24 hours of the time he/she first observes any
such serious violation, prepare and provide the Jail Warden a special written
report describing the violation, the notification given and the corrective action
required.
(c) The Jail Warden shall ensure corrective action regarding any such serious
violation within 24 hours. Also, the Jail Warden shall submit a written report in
response to the serious violation.
(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 a written report of the re-inspection.
(e) The following deficiencies shall be serious violations and subject to provisions of
this section:
(i.) Failure of the policy and procedure directives to contain: (a.) Emergency
Plans; (b.) Tool, knife, and firearms control
(ii.) Persons assigned to food service areas known to have or suspected of
having communicable diseases, open wounds, sores or respiratory
infections.
(iii.) Failure to provide modified diet when ordered by the Health Authority.
The facility inspector will ensure, through review of medical files or
confirmation by a physician, that denial of such a modified diet would be
immediately detrimental to the health and well-being of the inmate(s).
(iv.) Failure to provide separate storage for poisons and hazardous chemicals
away from food.
(v.) Failure to establish agreement with one or more health care providers to
provide emergency services.
(vi.) Failure to maintain first aid supplies on premises.
(vii.) Failure to have at least one staff member on duty trained in the delivery
of first aid care and CPR
(viii.) Permitting firearms and ammunition in secure areas of the facility except
in case of an emergency, and approved by the Jail Warden.
(ix.) Failure to meet fire, safety, and prevention standards identified by a fire
inspector as being life threatening.

(2) Notable violations.


a. Notable violations shall include any discrepancy to these standards, which is not
included under "Serious Violations".
b. When an inspector's report indicates one or more violations, the Jail Warden shall
formulate a "corrective action" plan.
c. The corrective action plan shall specify, with respect to each violation, the
corrective action to be taken the timetable for such corrective action and the
resources to be used. The corrective action plan shall provide for correction of all
violations as soon as practicable and shall require that substantial progress
toward corrections of discrepancies be demonstrated within a reasonable time.
g. Regular general jail inspections conducive to good correctional practice are expected to be
conducted.
h. Each facility shall keep permanent records pertaining to:

(1) Visitation - the name of the HP/RI, date, length of visit, names of visitors, relationship to
HP/RI, visitor's address, whether contact visit or noncontact visit.

(2) Exercise - the name of the HP/RI, date, time for exercise, whether it was outdoor or
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
exercise).

(3) Medical observation - all pertinent medical information shall be recorded in the HP/RI's
medical file.

i. Policy and procedure directives for the employees and inmates concerning the operation of
each detention facility will be developed and maintained by each facility. The Jail Warden
shall ensure at least one (1) formal review of his/her jail's policies and procedures is
conducted on an annual basis. Additionally, employees should certify that they have read
and understand all such applicable policy and procedures on an annual basis. When
conducting detention facilities inspections, the inspector(s) will examine the content of the
directives for compliance with facility rules and timely updating. The policy and procedure
directives shall include the following:
1.) Emergency plans in the event of fire, riot, escape, natural disaster, epidemic
disease, and hostage situations;
2.) Tool, knife, and firearms control;
3.) Contraband control;
4.) Inmate property and "in-cell" belongings;
5.) Daily log and count procedures;
6.) Inmate grievances;
7.) Visiting procedures and control;
8.) Disciplinary procedures;
9.) Admission, classification, and release procedures;
10.) Health services;
11.) Food services;
12.) Inmate contact with attorneys, the court, public officials, and the press;
13.) Supervision of staff;
14.) Care, custody, and control of inmates;
15.) Provisions for administrative and disciplinary confinement;
16.) Procedures establishing conditions under which inmates will be screened and
tested for infectious disease.

III. CLASSIFICATION OF HIGH-PROFILE/RISK INMATES

The BJMP shall adopt the classification system known as SECURITY RISK FACTOR SCORING
(SERIF Scoring) in all jails/detention facilities with HP/RIs.

Identified High-Profile/Risk Security HP/RIs shall be immediately transferred into more secured
detention facilities.

SECURITY PROCEDURES

Quality security procedures shall be implemented in all jails with HP/RIs.

No straight duty hours extending four (4) hours should be allowed to every personnel assigned in
jails with HP/RIs.

Quality protective locks and key control scheme shall be established and strictly implemented. A
key control system shall be designed to indicate the location of all keys and locks in the detention
facility. The system will include:
(f) A complete inventory of all keys;
(g) A written report of malfunctioning locks, broken or lost keys or other safety hazards that are
key related;
(h) Absolute control of security keys by correctional officers and never by inmates;
(i) A full set of emergency keys maintained in a secure and easily accessible location away
from the detention facility for use in the event of fire or another emergency;
(j) A key control system which provides a shadow board or other means of ensuring that staff
can immediately identify missing keys.

Audio/video monitoring devices should be installed and operational in the cells of HP/RIs.

Cell phone signal jammer shall be installed inside the jail so that no one could use cell phones
inside the jail facility.

Surprise search for contrabands and inspections of cells and belongings of HP/RIs should be
conducted in regular basis.

All security facilities such as doors, bars, windows, ceilings, floors and locks should be examined
at least three times a week to ensure that they are in good conditions.
The ratio of 1 is to 5-security or 5-man team structure must be undertaken at all times in escorting
High-Profile/Risk inmates.

Advance precautionary measures and planning should be undertaken for HP/RIs escorting and
transport.

All jail personnel/guards shall be provided with photographs of all High-Profile/Risk inmates.

IV. SEARCHING NEWLY COMMITTED HP/RIS.


i. HP/RIs must be searched immediately for weapons and contrabands. It is during the first
contact with HP/RI that the greatest caution is needed to prevent surprise and dangerous
acts. Due caution, however, must be exercised constantly. Searches must be conducted by
at least two people. One person searches while the other person provides back-up or
security.

g. Either the stand-up search or the wall search may be used. The choice depends on the
situation. The search is made not only of the person, but also of the immediate area. This
prevents the person from grabbing a weapon

h. Searchers must not search a member of the opposite sex. The searcher must wait until a
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 removed, such as luggage, packages, shoes, hat, coat, and
handbags.

STAND-UP SEARCH
The stand-up search is a quick search of the inmate for weapons and contraband. In
making the search, the searcher has the inmate stand with his back to the searcher. The
searcher's assistant takes a position where he can watch the inmate. The searcher commands the
inmate to spread his feet 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.

WALL SEARCH
When a weapon is found, or when other factors indicate the need, a wall search is
conducted. By rendering an inmate helpless by placing him in an awkward position, the wall
search affords safety to the searcher. Wall searches are particularly useful when searching
several inmates. Any 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 inmate's head must be kept down. The searcher's assistant
stands on the side of the inmate 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 coming between the inmate and the assistant guarding the
HP/RI.

If the HP/RI resists or tries to escape and must be restrained before the search is
completed, 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 more inmates, the searcher has them lean spread-eagled
against the same wall, but far enough apart so they cannot reach one another. The searcher's
assistant takes a position a few paces to the rear of the inmates. The searcher begins the search
with the inmate on the right. After searching each inmate, the searcher has him move to the left
end of the line and resume the wall-search position. This keeps the searcher from coming
between the assistant and an inmate.

COME-ALONG TECHNIQUES
Come-along techniques can be used to move resisting HP/RIs. The escorting team must be
able to 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 so.

CARRY METHODS
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 stands on either side of the inmate and grasps him under the legs and through his arms
and around his back. The personnel may grasp each other's arms to prevent their hold from
slipping. They also can perform this carry using riot batons. They place one baton under the legs
behind the knees and the other baton horizontally across the back. Both personnel then grasp the
batons, forming a cradle.
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.

A one-person carry has a disadvantage. It involves lifting considerable weight. This can
tire the carrier quickly or cause a back injury. The escort lifts the inmate from the rear by grasping
him 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 escort pulls the inmate backward with the HP/RI's heels dragging the ground.
COME-ALONG HOLDS
A come-along hold is used to move an unrestrained, unwilling person from one place to
another. It controls the person's movements without injuring him. A come-along hold puts pressure
on a sensitive part of the body and causes discomfort. The hold must be executed quickly and with
as little commotion as possible. Speed is essential in applying these holds. Such holds are used
only for short distances until the inmate can be restrained. Each jail personnel must know which
holds are best suited to his capabilities.

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. He pulls the HP/RI slightly backward so that the HP/RI cannot pull away
from the baton end, which is pressed against the small of the HP/RI's back.
Gooseneck Come-Along
To apply a gooseneck come-along the jail personnel approaches the HP/RI from the rear. He
steps forward with his left foot along the outside of the inmate's right foot. He grasps the inside of
the HP/RI's right arm at the elbow with his left hand. He then grasps the inmate's right hand with
his right hand, placing his thumb inside the bend of the inmate's wrist and his fingers across the
back of the 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 right hand with his left hand, placing both thumbs inside the bend of the
wrist and his fingers across the back of the inmate's hand. He locks both his elbows tightly to his
side and steps up beside the inmate. He applies pressure as he steps up beside the HP/RI. He
presses down on the back of the inmate's hand, bending it under toward the forearm.

Front Hammerlock
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 right wrist with his left wrist and bends the HP/RI's arm to the rear. As the jail
personnel completes the pivot behind the inmate, he drives his left fist straight up until the inmate's
right wrist rests in the bend of the jail personnel's left arm. He then rotates his left hand down,
grasping the inmate's right elbow. He pulls the HP/RI's right elbow tightly against his stomach. The
inmate may be leaning forward in this position. The jail personnel complete the hold by reaching
with his right hand over the HP/RI's shoulder and grasping the left side of the HP/RI's face. The jail
personnel apply pressure by turning the inmate's head to the right, pushing down with his left
hand, and pulling up with his left elbow.

Fingers Come-Along
The fingers come-along is tiring to maintain, but it is extremely useful in moving an inmate
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
counterclockwise on his right foot until he is standing beside the inmate. He thrusts the inmate's
arm straight out in front of him at shoulder height, maintaining a tight grip on the inmate's wrist with
his left hand and bending the inmate's fingers down with his right hand. The jail personnel apply
pressure by keeping the inmate's arm locked straight and by pulling the inmate's fingers straight
back toward the inmate's elbow. This hold can be applied on either hand.
Groin Lift
The groin lift is used to remove a resisting inmate from a wall or move him through a doorway.
The jail personnel approach the inmate from the rear. He steps for-ward and places his left foot
next to the inmate’s left foot. He grasps the inmate's left wrist with his left hand, pulling the
inmate's hand 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.

Baton Come-Along
For the baton come-along the jail personnel grasps the center of the baton with his right hand.
He approaches the inmate from behind. He rotates the baton to a position parallel with his right
arm and pointed toward the inmate. He thrusts the baton between the inmate's legs. He rotates his
right hand so that his palm is turned up. He then pulls back and up, placing the baton across the
inmate's upper thighs. The jail personnel reach up with his left hand and grasps the inmate's collar
near the back of his neck. To move the inmate, the jail personnel keep his right hand as straight as
possible and exerts upward pressure from the shoulder. Simultaneously, he pushes forward with
his left hand. This keeps the inmate on his toes and off balance to his front.

Hammerlock Come-Along
For the hammerlock come-along the jail personnel holds the baton in his right hand. He steps
forward with his right foot and between the inmate's left arm and body. As the baton passes to the
rear of the baton passes to the rear of the inmate's body, the jail personnel push up and to the
rear. He steps forward with his left foot to the outside of the inmate's left foot. He then reaches
across the inmate's left shoulder with his left hand and grasps the striking end of the baton.
Pivoting on the ball of his left foot, he moves to the inmate's left rear. At the same time, he presses
down with his left hand on the striking end of the baton in the direction of the inmate's left front. He
also presses up on the grip end of the baton with his right hand. This bends the inmate well
forward at the waist.
After the inmate has been subdued, the jail personnel hold the baton firmly with his right
hand and releases his left hand. He reaches across the striking end of the baton with his left hand
and grasps the right side of the inmate's face under the jaw bone and forces the inmate's face to
the left, straightening him up. To apply pressure, he presses down on the striking end of the baton
with his left upper arm and pulls up on the grip of the baton with his right hand.

V. Visiting Privilege
Visits from Family and Friends Visiting hours and days for inmate’s family and friends
are:

Monday - 9:00 PM – 11:00


Thursday AM
Saturday and 9:00 AM - 11:00
Sunday AM
1:00 PM - 4:00 PM
No visiting on Friday

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
than 15 minutes before the scheduled visiting time. Visitors will then be registered. Visitors must
follow all jail rules and regulation and instructions given to them by staff. Visitor rules are noted
below.

Rules and Regulations for Visitors


1. All visitors and their personal belongings are subject to search prior to entry into the jail and
while in the jail.
2. All visitors will pass through the metal detector prior to entering the visiting area.
3. All visitors must provide valid picture identification. Visitors without proper identification will
not be permitted to visit inmate.
4. Only three visitors are permitted per inmate at one time; minors (under age 18) are not
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.
6. Visitors who appear to be intoxicated or have the odor of alcohol will be denied access and
are subject to arrest.
7. Visitors are expected to use trash cans located throughout the facility and jail supervisors
may deny visitation to anyone who litters.
8. Visitors will not bring plants, flowers, excessive amounts of books, papers or clothing into
the visitation area. Personal items brought into the facility are not the responsibility of the
Office of the Jail Warden.
9. Any visitor involved in vandalizing or defacing any part of the jail property will be prohibited
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
be prosecuted.
11. Smoking, drinking or eating are prohibited inside the building and in lobby areas. Jail
Supervisor on duty will end a visit immediately if this rule is violated and future visits may be
suspended. • Picture taking (still or video) is not permitted inside the facility. • The Jail
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.

Basic Equipment Requirements At minimum some form of equipment in each of the following
categories must be made available to jails with HP/RIs:

COMMUNICATIONS
a. Control Center. At Minimum the jail with High-Profile/Risk inmates should have at least two
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.

i. All Staff. A handheld radio with belt case, each equipped with an earpiece and two back-up
batteries each.

j. Vehicles. All jail vehicles should be equipped with Mobile Base Station Radio.

PERSONAL SAFETY EQUIPMENT


a. Personal Alarm. A remote, belt mounted device, that when set off by the wearer indicates
that there is an emergency in the section of the facility where the officer is at.

b. 2 Sets of Handcuffs and 1 Oversize Key. Two sets provide ability to cuff both fighters and/or
over-size inmates.

c. Flashlight. Small extra bright tactical light with red covered lens and wrist lanyard.

k. Pepper Spray. For immediate use as self protection and inmate control.

l. Handheld spot lights

m. Shotgun with gas and smoke launching capability

SECURE AREA EXTRACTIONS & RESTRAINT DEVICES


This equipment is specifically designed protective gear for staff who may have to extract unruly or
even psychotic inmates from an area in which they are already contained:
a. Clear, Concave Restraint Shield.
b. Additional Chest, Shoulder and Neck Protective Padding.
c. 2 Sets of Soft Restraints, including padded head gear.
d. 2 Camisole Straight Jackets.
e. Mobile Restraint Chair.
ESCORT & TRANSPORTATION Available for use by any staff with Jail Warden Authorization:
b. 6 Leg Irons
j. 6 Spit Hoods
k. 6 Belly Chains
l. 6 Hand / Cuff Shrouds
m. 1 Portable Restraint Chair

HIGH TECH
a. Fence Motion Sensors
b. Remote Cameras
c. Cellphone Jammers
d. Night Vision and Binoculars for observation posts.

MINIMUM CONSTRUCTION STANDARDS

Design Standards - The following design standards are mandatory for all renovations, remodeling
or new construction of Jails with HP/RIs:
(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 Custodial
officers/ personnel and shall provide for the protection and safety of the Custodial officers /
personnel.
(m) Entry of inmates into a detention facility by vehicle shall be through a secure vehicular sally
port.
(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
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
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.
(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
other durable material which provides for a secure exterior wall.
(r) Ceilings in a secure housing area shall be either poured or precast concrete. Poured in
place concrete will be a minimum of 4 inches thick and reinforced. Precast concrete panels
will be 5,000 PSI reinforced concrete and shall be the manufacturer's standard thickness.
Three quarters of an inch of cement plaster on ribbed metal lathe will be acceptable when
the structural frame and secure walls of the building restrict escape routes. Cement plaster
ceilings are required to cover pipework, conduit, and ductwork in areas where accessible to
inmates.
(s) Single occupancy cells will be designed with a minimum of 3 square meters of floor space.
(t) Multiple occupancy cells will be designed with a minimum of 3 square meters of floor space
per inmate in the sleeping area.
(u) Day room space shall be furnished providing a minimum of 3 square meters per inmate for
all cell areas, except disciplinary and administrative confinement.
(v) Open dormitory or reduced custody housing units shall be designed with a minimum of 3
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
programs, treatment programs, educational programs, etc.), may be housed in areas
designated with a minimum of 3 square meters of floor space per inmate (sleeping and
dayroom area included). The configuration of sleeping areas shall be such as to afford
maximum visibility for the Custodial officers/ personnel.
(w) Cells will be designed to include sufficient space for seating of inmates. Cells shall be
located 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
control vandalism.
(y) Provisions shall be made for emergency power to be constantly available for the purpose of
maintaining essential services, security, and safety systems throughout the facility.
(z) Security vestibules are required whenever an entrance or exit penetrates the secure
housing area or exterior confinement walls. Security vestibule doors shall be equipped with
an interlock device to prohibit both doors being opened at the same time. Security vestibule
door locks shall be either electrically or mechanically operated from a control box located
remotely from the vestibule.
(aa) Detention facilities shall provide a secure outside recreation area and multipurpose
housing shall provide space for programs, visiting (including social and attorney visiting),
and inside recreation. There shall also be adequate areas for medical examination and for
storage of inmate property.
(bb) Provision shall be made for secure sensitive storage and for a safe storage for items
such as chemicals and flammable material.

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.
(c) In secure housing areas, light fixtures shall be secure and tamper-proof with no exposed electrical conduit
accessible to inmates. All switches and outlets with inmate access shall have a remote override.
(d) Single occupancy cells shall have a toilet and sink. Showers should be located in the day room area.
(e) Multiple occupancy units, dormitory units, and direct supervision type housing units shall allow ready
access to toilets, sinks, and showers.
(f) Fixture counts shall be 2 toilets, 2 mirrors, 1 shower, and 2 sinks for each 16 inmates or fraction thereof.
Stainless steel fixtures are recommended.
(g) ) Bunks and tables in maximum security housing areas shall be security type substantially anchored.
(h) Flooding protection. Floor drains in inmate housing areas and holding cells shall be located to reduce the
incidence of malicious tampering and flooding. Where practical, a drain shall be located in security
corridors and not inside cells or day rooms. All facilities shall be architecturally designed to satisfy all of
the requirements of these standards.

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