Chapter 4:

The Jail and the Bureau of Jail

Management and Penology

REPORTED BY: JERALD P. MENDOZA

Jail Defined

Are institutions for the confinement of persons who are awaiting final disposition
of their criminal cases and also the service of those convicted and punished with
shorter sentences, usually up to three (3) years.

Origin of Jail

The jail is said to have originated in Medieval England. When Henry II ordered that the
sheriff in each of the institutions spread through England in 1166 originally conceived
as a place for detaining suspected offenders until they could be tried, jails eventually
came to serve the dual purposes of detention and punishment.
The concept of the English jail was brought to the colonies soon after the settlers
arrived from the Old World, the jail was used to detain those awaiting trial and those
awaiting punishment; the stocks and pillory and the whipping post being located nearby.

At the start of the nineteenth century, children, debtors, slaves, mentally-ill and
physically ill were usually sent to other institutions, Both pre-trial and began to be housed
in jails.
 As mandated by RA 6975, the BJMP shall operate under the
reorganized Department of the Interior and Local Government
(DILG).

Starting from scratch with 500 personnel in 1991 the BJMP

weaned from its mother PC/INP as a mere component to become a
full-fledge bureau. Director Charles S. Mondejar took his oath of
office on July 1 of 1991 as the first Chief of the BJMP.

The Bureau of Jail Management and Penology supervises and

controls all district, city and municipal jails nationwide.
 Mission of the Bureau
The Jail Bureau shall direct, supervise and control the
administration and operation of all district, city and municipal jails
to affect a better system of jail management nationwide

Powers of the Jail Bureau

The Jail Bureau shall exercise supervision and control overall
district, city and municipal jails to ensure: a secured, clean,
sanitary, and equipped jail for the custody and safekeeping of city
and municipal prisoners, any fugitive from justice or persons
detained awaiting investigation or trial and/or transfer to the
National Penitentiary, and any violent, mentally-ill person who
endangers himself or the safety of others.
Functions of Jail Bureau

Formulate policies and guidelines on the administration of all

district and municipal jails nationwide.

Formulate and implement policies for the programs of

correction, rehabilitation and treatment of offenders.

Plan and program funds for the subsistence allowances of

offenders; and Conduct researches, develop and implement
plans and programs for the improvement of jail services
throughout the country.
Organization of BJMP under RA 6975

The Jail Bureau shall be headed by a Chief who shall be assisted by

a Deputy chief.

The Jail Bureau shall be composed of city and municipal jails, each
headed by a city or municipal jail warden: Provided that in case of
large cities municipalities, a district jail with subordinate jails
headed by a District Jail Warden may be established as necessary.
 Organization and Key positions of the BJMP
under RA 9263

The BJMP shall be headed by a Chief who shall be assisted by two

(2) deputy chiefs, one (1) for administration and one (1) for
operation, all of whom shall be appointed by the President upon
the recommendation of the Secretary of DILG from among the
qualified officers with at least the rank of senior jail superintendent.
 NOTE:
In no case shall any officer who has retired or to be retired with
six(6) months from his/her compulsory retirement age be
appointed as Chief of Jail Bureau.

The chief of Jail Bureau shall serve a tour of duty not to exceed
four (4) years.

BJMP is under the Department of Interior and Local

Government.
GENERAL PRINCIPLES
OF JAIL MANAGEMENT
Reported by Catriona S. Balucan
1. It is the obligation of jail authorities to confine inmates
safely and provide rehabilitative programs that will
negate criminal tendencies, and restore their positive
values to make them productive and law-abiding citizen.

2. No procedure or system of correction shall deprive

any inmate of hope for his ultimate return to the fold of
the law and full membership in society.

3. Unless proved, otherwise, any person accused of a

criminal offense shall be presumed innocent and his
rights as a free citizen shall be respected, except for
Indispensable restraints during his confinement in the
interest of justice and public safety.
 4. Inmates are human beings entitled to the same basic
rights and privileges enjoyed by citizens in a free society,
except that the exercise of these rights are limited or
controlled for security reasons.

Note:
Under the recent ruling of the COMELEC, detainees are
allowed to exercise their rights to vote.

5. Health preservation and prompt treatment of illness

or injury are basic rights of every person confined in jail.
It is the duty of the jail authorities to arrange for their
treatment subject to security measures.
6. Members of the custodian force shall set themselves as
example by performing their duties in accordance with the
rules and shall respect the laws duly constituted authorities.

7. No jail personnel shall use abusive, insulting, and

indecent language on inmates.

8. No jail personnel shall use unnecessary force on inmates,

except legitimate self defense or in cases of attempted
active passive physical resistance to lawful order

9. No penalty shall be imposed upon any inmate for

violation of rules/regulation unless in accordance with
the duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman or degrading.
No physical punishment shall be employed as a correctional measure.

11. Members of the custodial force must understand that inmates need
treatment and counseling and the primary purpose of confinement is
for safekeeping and rehabilitation.

12. When conducting routine custodial (in dormitory compound)

guarding ratio of 1:7 or one (1) guard for every seven (7) inmates shall
be observed.
13. When an inmate is in transit the ratio of 1:1+1 every inmate shall
be observed In case of high-risk inmate that demand extra
precaution, additional guards shall be employed. This manning level
shall be national in scope for effective jail administration in all
regional, provincial, district, city and municipals jails.
Jail Position and Corresponding ranks
Chapter 5 Commitment

Michael Dinlasan
1. What is commitment?
The means the entrusting for confinement of an offender to a jail competent court or
authority for investigation, trial and service of sentence is known as commitment.
 Courts and Institution Authorized to Commit a Person to
Jail

Supreme Court Board of Transportation

Court of appeals Deportation Board

Regional trial court Commission on Election

Metropolitan and Municipal court National Prosecution Service

Municipal Circuit Trial Court Police Authorities

RECEPTION PROCEDURES IN
JAIL
Joana May D. Lariosa
 1. The Jail Desk Officer shall carefully check the credentials of the person(s) bringing in the coming
inmate to determine his/her identity and authority.
2. He shall examine carefully the arrest report and the authenticity of the inmate has been committed
under legal authority as provided for by Section 3 Rule XIII, Rules of Court

3. The admitting officer or jailer shall search carefully the incoming inmate for weapons and other
contraband.

4. The admitting jail officer shall take all cash and other personal property from the inmate, list them
down on a receipt from in duplicate, duly signed by him and countesigned by the inmate. The original
receipt shoul keep for the record and the duplicate copy should be given to the inmate.

5. All cash and other valuables of the inmates must be turned over to the Trust Officer or Property
Custodian for keeping covered by official receipts.
6. The inmate shall then be fingerprinted and his photograph taken.
7. The admitting officer or jailer shall accomplish a jail report in four copies, attaching thereto the
photograph of the inmate to be distributed as follows:
-BJMP Central Office
-Regional Office
-Provincial Administrator’s Office
-Jail Files

8. The newly admitted inmate shall be thoroughly strip searched followed by a careful examinationof
his clothing. He shall be checked for body vermin, cuts, bruises and other injuries.
9. The Jail Physician of the Local Health Officer shall immediately conduct thorough medical
examination of the inmate.

10. When it is not possible for the Jail physician to be in attendance during the admission of the
inmate, the recieving officer shall observe the mental alertness, overall appearance and any
abnormalities or appearance of rashes or scratches or other identying marks of the individual and
note
them down in the inmates booking report. The inmate observed to be suffering from any contagious
disease shall immediately be isolated.

11. A medical record shall be accomplished by Jail Physicians or Local Health Officer showing the
condition of the inmate or detainee at the time of admission and to include, if possible, his medical
history.

12. A social case study shall be made by a social worker as basis for the inmates classification and
proper segregation.

13. The sentenced prisoner shall be provided with jail clothing. His personal clothing should be
receipted , cleaned and stored safety until his release. The detainee, for his own safety, may be allowed
to wear civilian clothes.
14. As soon as possible, the inmate should be briefed or oriented on the jail rules and
regulations.

15. The Warden shall established and maintain a jail record of all inmate consisting of
information concerning the inmates name and alias, if any; weight, height and body marks or
tattoos, if any; nationality and if, naturalized Filipino, his previous nationality; previous
occupation/profession; prior criminal conviction; and previous place of residence. In the
case of a prisoner, the record shall also indicate the crime for which he was convicted; the
sentencing court, his sentence and the commencement date thereof; institutional behaviour
and conduct and the date he was received for confinement.
RECEPTION PROCEDURES IN
JAIL
Cruz Montecillo
16. In the case of a detainee, the record shall indicate the Investigation Slip number of his case, if pending with
prosecutor’s office; or the criminal case nimber in the trial court where the case is on appeal and the status of
the appeal; or the reason for his detention. The jail record shall be signed by the Warden.

17. Upon completion of the reception procedures, the inmate shall be assigned to his confinement.

18. If available the inmate shoud be issued all the materials that he will be using during his confinement.

19. A jail may be used for the safekeeping of any fugitive from justice from any province, and the Warden shall
in such case be entitled to receive the same compensation for the support and custody of such fugitive from
judtice as is procided for other offenders, to paid by the officer demanding the custody of the prisoner, who shall
be reimbursed for such outlay as part of the costs of the prosecution.

20. Detainee is presumed innocent and shall be treated as such. If possible, he shall be segregated from
convicted prisons.
21. Upon receipt of a detainee who is accused of an offense before a court, he shall be appraised,
preferably in thedialect which he understands, the under Srticle 29 of the RPC, as amended by
Republic Act Nio. 10592,his preventive imprisonment shall be credited in full in the sevice of his
sentence consisting of deprivation of liberty with the whole period he is detained if he agrees
voluntarily in writing to abide by the same disciplinary rules imposed upon convicted offenders;
Provided: That, he is nit a recidivist, or has not been convicted previously twice or more than times of
any crime; and when, upon being summoned for the execution of his sentence, he surrendered
voluntarily.

22. If the detainee agrees to abide by the same disciplinary rules imposed upon convicted prisoners,
he shall be asked to manifest his “agreement” in writing. Otherwise, the Warden shall issue a
“certification” under oath to the effectthat detainee was appraise of the procisions of Article 29 of the
RPC, as amended, and that the detainee refused to abide the tules imposed upon convicted offenders
23. A detainee who signs an “Agreement” shall be treated as a sentenced prisoner in so far as work and
discipline are comcerned. Any failure or neglect to performhis assigned work shall be considered
sufficient cause for the cancellation of the “Agreement” and he shall thereafter not be treated as a
convicted prisoner and cease to earn the previlege granted.

24. A detainee who is not covered by a “Certification” shall not be required to work but he may be made
to polish his dorm and perform such other work as maybe necessary for hygienic or saniary reason he
shall be credited with the service of his sentence with four-fifths(4/5) of the time during he was
detained.

25. The warden shall submit the “Agreement” or “Cancellation”, as the case may be, to the proper court
before the dates set for the arrangement of the detainee and the same shall form part of the records of
the case.
26. The same procedure shall be followed with respect to all accused persons who have been
convicted but whose cases pending appeal before a higher court the “Agreement” or
“Cancellation”, as the case may be, shall form part of the records of the case.

27. Full credit for the preventive imprisonment shall commence from the date of the
“Agreement”
CLASSIFICATION
BOARD

Reporter: Cris Danmark Silagan

Chairman- Deputy Warden

Members:
Chief, Custodial/Security Office
Medical Officer/Public Health officer
Jail Chapian
Immates Welfare and Development
Officer
 DISCIPLINARY
BOARD
Chairman- Deputy Warden
Members:
Chief, Custodial/Security Office
Medical Officer/Public Health officer
Jail Chaplain
Inmates Welfare and Development Officer
Inmates' representative
 DISCIPLINARY
SANCTIONS THAT CAN
BE IMPOSED ON
INMATES
1. Reprimand
2. Temporary or permanent cancelation of some or all
recreational privilege
3. Cancellation of visiting privileges
4. Extra-fatigue duty
5. Close confinement in a separate cell, which shall not exceed
seven (7) days in any calendar month provided that the
punishment shall be imposed only in the case of an
incorrigible inmate, when other disciplinary measures had
been proven ineffective
6. Forfeiture of Good Conduct Allowance to be earned for the
month and subsequent months depending upon the gravity of
the offense.
 TREATMENT OF
INMATES WITH
SPECIAL NEEDS
Reporter: Erikson Nathaniel Llamado
INTRODUCTION

The treatment of inmates with special needs

is a critical aspect of correctional facilities'
responsibilities towards ensuring humane
and effective rehabilitation. This report aims
to analyze current practices, challenges, and
potential improvements in the treatment of
inmates with special needs.
 Background
Inmates with special needs encompass a diverse group,
including individuals with physical disabilities, mental health
disorders, developmental disabilities, substance abuse issues,
and aging populations. Their unique requirements pose
challenges to correctional institutions in providing appropriate
care and support while maintaining safety and security.
 Current Practices
1. Screening and Assessment
Correctional facilities typically conduct intake screenings to identify
inmates with special needs. However, comprehensive assessments
for mental health disorders, disabilities, and other special needs may
be lacking.
Assessment protocols should be standardized and include screenings
for various conditions upon intake, allowing for tailored treatment
plans.
 Current Practices
2. Housing and Accommodations
Inmates with physical disabilities require accessible housing and
facilities. However, many facilities struggle to provide adequate
accommodations due to architectural barriers and resource
constraints.
Separate housing units or specialized facilities may be necessary for
inmates with specific needs, such as mental health disorders or
developmental disabilities.
 Current Practices
3. Healthcare Services
Access to healthcare services, including medication management and
therapy, is crucial for inmates with special needs. However,
understaffing and limited resources often result in inadequate
medical care.
Collaboration with external healthcare providers and community
organizations can supplement in-house healthcare services and
enhance access to specialized care.
 Current Practices
4. Programming and Support Services
Correctional institutions should offer rehabilitative programs tailored
to the needs of inmates with special needs, including vocational
training, counseling, and life skills development.
Peer support groups and mentoring programs can provide valuable
emotional support and social connections, particularly for inmates
with mental health disorders or substance abuse issues.
 Current Practices
5. Staff Training and Sensitivity
Correctional staff should receive specialized training on interacting
with inmates with special needs, including de-escalation techniques
and understanding the unique challenges they face.
Promoting a culture of empathy and respect within the institution can
improve the treatment of inmates with special needs and reduce
incidents of misconduct or abuse.
 Challenges

1. Resource Constraints
Limited funding and budgetary constraints often hinder
correctional facilities' ability to adequately address the
needs of inmates with special needs, leading to gaps in
services and accommodations.
 Challenges
2. Stigma and Discrimination
Stigmatization of inmates with mental health disorders or
disabilities persists within correctional settings, affecting their
treatment and access to services.
Correctional staff may hold biased attitudes towards inmates
with special needs, impacting the quality of care and support
provided.
 Challenges

3. Lack of Coordination
Fragmentation of services within correctional systems and
between correctional facilities and external agencies can
impede the delivery of comprehensive care to inmates with
special needs.
 Recommendations

2. Improved Accommodations and Accessibility

Prioritize renovations and modifications to ensure facilities are
accessible to inmates with physical disabilities, and consider
specialized housing units for inmates with specific needs.
 Recommendations

3. Expanded Healthcare Services

Increase staffing levels and resources dedicated to healthcare
services within correctional facilities, with a focus on providing
mental health support and substance abuse treatment.
 Recommendations

4. Comprehensive Programming
Develop and expand rehabilitative programs tailored to the
diverse needs of inmates with special needs, including
vocational training, therapy, and peer support initiatives.
 Recommendations

5. Ongoing Training and Education

Provide regular training to correctional staff on effectively
interacting with and supporting inmates with special needs,
emphasizing empathy, cultural competence, and de-
escalation techniques.
 Conclusion
The treatment of inmates with special needs is a
complex challenge requiring multifaceted solutions
that address screening, accommodations,
healthcare, programming, and staff training. By
prioritizing the well-being and rehabilitation of these
individuals, correctional institutions can fulfill their
mandate to promote public safety and ensure
justice for all.