Personalities in Corrections

PERSONALITIES IN CORRECTIONS

MANUEL MONTESIMOS In 1835, He Was appointed Governor of the Prison at Valencia, Spain. He organized the institution on the basis of semi-military discipline and encouraged vocational training and primary education of the prisoners. GEORGE MICHAEL OBERMAIER In 1842, He was the governor of a prison in Munich, Germany. He gained the men‟s confidence, removed their chains, discharged nearly all of their guards, and appointed one of them superintendent of each of the industrial shops. SIR WALTER CROFTON He was the director of the Irish Prison in 1854 who introduced the Irish system which was later called the progressive stage system. DOMETS OF FRANCE He established an agricultural colony for delinquents boys in 1839 , providing house fathers as in charge of this boys. The system was based on re-education rather than force. When discharged, the boys were placed under the supervision of a patron. ALEXANDER MACANOCHIE Introduced A progressive humane system to substitute for corporal punishment, known as “Mark System “where a prisoner is required to earn a number of marks based on proper department , labor, and study in order to entitle him to a ticket of leave or conditional release which is similar to parole. He developed the forerunner of modern parole. Developed a five step procedure he called a “mark system”- prisoners could progress through these stages eventually earning full freedom: The steps were: 1. 2. 3. 4. 5.

Strict custody/ solitary confinement Labor in government work gangs/groups Limited areas of freedom Tickets of leave for conditional release/parole Full freedom

ZEBULON R.BROCKWAY He was the superintendent of the Elmira Reformatory in New York in 1876. He introduced a new institutional program for boys. SIR EVELYN RUGGLES BRISE He was the director of English Prison who opened the Borstal Institution after visiting the Elmira Reformatory in 1897 which is now considered as the best reform institution to young offenders. This system was based entirely of the individualized treatment. IMMANUEL KANT He believed in categorical imperative in imposing punishment. JOHN LOCKE He believed that punishment was a criminal‟s just reward. ENRICO FERRI Introduced the law on saturation- society can tolerate only a number of delicts. PETER RENTZEL He established a work house in Hamburg at his own (1669) because he had observed that thieves and prostitutes were made worse of better by pillory and he hoped that they might improved by work and religious instruction in a workhouse JHON HOWARD The great reformer or reformist, who wrote „‟The State of PRISONS in England „‟IN 1777,after a personal investigation of practically all the prisons in England. An important reformer. Often thought as the „‟Farther of Prisons Reform.‟‟ He was especially impressed by the hospice (hospital) of San Michelle in Rome. Howard devoted his life and his money to Prison reform. He advocated rigorous religious teaching, highly routine daily schedules and productive labor .He also advocated sanitary prison conditions, separating women from men and young offenders from older, paying jailers a salary rather than the relying on Payments from prisoners for food and using isolation for reflection and penance, SIR THOMAS MORE (UTOPIA) Wrote that punishment would not prevent crime and that it would better to look at conditions that caused crime. JOHN HOWARD, SIR SAMUEL ROMILLY AND THE QUAKERS Oppositionists to severe punishment and efforts were exerted to humanizer the American prisons.

KING HAMMURABI The 6th king of the first dynasty in EGYPT. Famous for his code of HAMMURABI which was the compilation and expansions of earlier laws which was the fullest extent collection of the Babylonian laws. This code adopted the principle “LEX TALLIONES” King Hammurabi of Babylonia (1792-1750 B.C) acting as sole legislator and supreme judge of his kingdom. Set forth rules establishing offenses and punishments, a code who‟s who disobeyed its rules. GEORGE FOX The founder of the Quakers known as the society of Friends-a church known as for pacifism, humanitarian and emphasis of inner quiet. WILLIAM PENN Founder of Pennsylvania, advocated of the Quakers and wrote numerous tracts on the Quaker‟s beliefs and was several times imprisoned for his nonconformity. He introduced imprisonment and was responsible in the abolition of corporal punishment which includes the death penalty. DRACO Known as the ancient law giver in Athens-who made a code known as Code of Draco, which made both serious and trivial crimes punishable by death. SOLON Permitted any citizen of Athens in ancient Greece to prosecute, thus showing interest to try a case in public. KARL MENNIGER He differentiated punishment from penalty. Punishment is pains inflicted over the years for the sake of inflicting pain while penalty is pre-determined prove leveled automatically for a crime committed. ARISTOTLE First attempted to explain crime in his book “Nicomedia Ethics.” He discussed corrective justicepunishment is a means of restoring the balance between pleasure and pain. THOMAS HARRISON He was sentenced in 1668 for his participation in the killing of Stuart King Charles I. His penalty was death. KING HENRY II, 1166 OF ENGLAND He ordered every sheriff to establish a gaol, pronounced “jail” in his shire for the purpose of securing of offenders until they could be brought before the king‟s court.

CHARLES-LOUIS DE SE CONDAT, BARON DE LA BREDE AT DE MONTESQUIEU (1689-1755) Founder of Political Science. He criticized in humane punishment and argued that the punishment should fit the crime. He believed that harsh punishment undermined morality and that better way to prevent crime was to appeal to an individual‟s sense of decency and what was morally and socially right. FRANCOIS-MARIE AROUET VOLTAIRE (1694-1778) He believed that fear and shame could deter crime. Voltaire fought against torture. He believed that punishment of criminals should be of use when a man is hanged he is good for nothing. PLATO.GK. Philosopher, earliest known advocator of punishment as utilitarian. JEREMY BENTHAM Wrote that if punishments were known to be swift, sever and certain, and if the pains exceed the pain, criminals could be deterred. SIR WILLIAM BLACKSTONE He authored the Penitentiary Act of 1779, based on the published work of JOHN HOWARD with respects to prison reforms this was the first law for the creation of penitentiary houses. (Compiled notes by Ma‟am Sina C Bestre (2006) PLTC CCJE hand – out in CORRECTION)

IMPORTANT PLACES IN THE STUDY OF CORRECTIONS Walnut Street Jails- Originally constructed as a detention jail in Walnut Street, Philadelphia. It was converted into a state prison and became the first American Penitentiary. In 1790, implemented the new effort to use fewer harsh corporal penalties and resort instead to solitary confinement with labor. Prisoners were locked in separate cell, isolated from one another for their sentenced. Each cell contained a Bible, which prisoners were expected to read. It was considered quiet progressive because it separated prisoners based on the seriousness of their offense, separated serious offenses from the rest of the prisoner population through the use of solitary confinement, and separated female from male prisoners. Two rival prison system in the early history of imprisonment: A.Auburn Prison- It features the confinement of the prisoners in single cells at night and congregate work in shops during the day. Auburn system- Emphasized crime prevention through strict silence and fear of brutal punishment: sometimes referred to as the congregate system. Congregate System- Emphasized crime prevention through strict silence and fear of brutal punishment, with prisoners working and eating together as group; also known as the Auburn System. Provided for prisoner confinement in separate cells but brought the inmates together into congregate workshops (New York State Prison at Auburn)

B.Pennsylvania System- It features a solitary confinement of the prisoners in their own cells day and night where they lived, slept, received religious instructions and read the bible, and given time to work silence was also enforced. Pennsylvania system-Emphasized religion and penitence; sometimes referred to as the separate system. Elmira Reformatory considered as the forerunner of modern penology located in Elmira, New York, 1976.It features a training school type of institutional program, social case work and extensive use of parole. It had all the elements of modern correctional system among which were a training school type, education and extensive use of parole based on the indeterminate sentence. Elmira Incorporated individualized treatment using a mark system, education, indeterminate sentence and vocational training. The reformatory was seen as not only a new model to rehabilitate young adults but also as a means to segregate them from hardened criminals and simultaneously lessen the problems of overcrowding. This institution was considered innovative in its use of „‟good time‟‟ credits to increase inmate compliance and productivity, thereby decreasing the length of time serve in prison. Birdwell Prison-The first prison or penitentiary located in Birdwell, England. Workhouse established in 1557 in London to house and employs the‟‟dregs‟‟of the city. It was not intended as a prison but rather as a way to take care of and train the poor and to instill in them the Judeo-Christian work ethic that hard manual benefits a person‟s soul as well as society. In effect, the workhouse‟s purpose was rehabilitative. Most Birdwell did not separate men and women, young and old, sick and healthy. Prisoners had to pay for their food, have family or friends bring then food or starve. Dartmoor Prison-Once known as the „‟house of halfway to hell‟ ‟located in devonshire,England;originally constructed to house French prisoners. Ancient Rome-a nation who pioneered banishment as a form of punishment. Berlin-The country where the last burning at stake was made until 1786. Australia-A place where after the American gained their independence from England in 1786 the prisoners of England were transferred until 1867 Thames River- Located in south of England where in 1776, Prisoners were employed for a year to clean and build a Royal Dock in River Thames. The prisoners were quarted in hulks anchored in the Thames until 1807and Gibraltar until 1875. ATTICA PRISON (1976)-PRISON riot where made 11guards and 32 prisoners were killed. AUBARA PRISON (1816)-NEW YORK- Represented American pragmatism and efficiency and became the model of maximum security prisoners throughout American. The design was based on that of the Walnut Street Jail. Sometimes Referred to as „‟tiersystem‟‟.it was at auburn that the practice of having prisoners eat seated a long table face-to back was instated and classified prisoners based on the seriousness of prisoners crimes. Set the precedent for preset day minimum, medium, and maximum security penitentiaries. Ancient Athens- The code of Draco for corporal punishment inflicting bodily form, so extensively it was rumored to be written in blood. The word Draconian became synonymous with extreme cruelty. Among the punishments set forth were flagging, branding, dawning and quartering, stretching on the rack and mutilating.

House of Refuge (1827)-Philadelphia, An Institution design to separate juvenile delinquents and poor children from adult criminals. Established by John Augustus. Massachusetts Bay Colony (1632)- Was established as the nation‟s first prison in the United States . New Great Prison-Was named after the in famous London Institution was first opened in 1773…it was touted as an improvement over earlier practices of corporal punishments and execution. (Compiled notes by Ma‟am Sina C Bestre (2006) PLTC CCJE hand – out in CORRECTION)

1. INSTITUTIONAL CORRECTIONS

1.1 INTRODUCTION TO CORRECTIONS 1.1.1 HISTORICAL PERSPECTIVE ON THE DEVELOPMENT OF CORRECTIONS The History and Development of Corrections from a Policy Perspective: Trying to reason out the unreasonable A Couple of truths Since the earliest prisons, they have almost always been overcrowded Wars reduce prison populations Prisons and jails are more often than not filled with the poor Irwin calls this Managing the Underclass Correctional Policy is a reflection of the times SUMMARY The Politics The needs The public‟s attention The court intervention is fairly recent and the jury is still out on how long it will last

http://www.hhs.csus.edu/Homepages/CJ/BikleB/The%20History%20and%20Development%20of%20Cor rections%20from%20a%20Policy%20Perspective.htm 1.1.2 THE CONCEPT OF PENOLOGY The purpose of this research is to examine the concepts of correction and penology as they have been used in human affairs throughout history. Specifically, the intent of this paper is to study the more modern concepts of penology in terms of their historical context. Most authorities tend to agree that the use of incarceration as a means of punishing criminals is a comparatively new concept. There is no evidence (either in fact or on paper) of institutions that in any way resemble the modern penitentiaries dating back further than the last three centuries. The prison, in fact, was invented with the most humanitarian of intentions. The purpose of incarceration was, originally, to spare wrongdoers from the barbarism of corporal and capital punishment. This concept of the prison as a humanitarian institution might be very difficult to sell to the inmates of a modern penitentiary, but that was the intent of the founders of the first such prisons (Morison, 1965, pp. 400-417). Prior to that change in societal concepts, most official acts of punishment fell into two categories: corporal and capital. The former was defended by many in that it was cheap and over with very quickly for the criminal. The latter was defended for the same reasons, although victims of this latter category of treatment might not have wanted it to be "over" so quickly. Both provided the general public with a vicious, obscene spectacle, but that was not included in official discussions of the pros Is said to be effective if the end is realized with a maximum of success while using a minimum of means. To test, therefore, the effectively of the prison system, the A system end or the objective and the means or the strategy availed of to secure the desired end must be examined. This paper attempts to present the working of the prison system, the purpose for which it was established, the methods it employs, and the management strategy being used. It tries to present as candidly as possible conditions inside the prison, the problems, living conditions, activities. And finally, in our modest way, we offer 'some recommendations and proposed solutions.

II. METHODOLOGY The group engaged in theoretical as well as empirical research. For the latter the 11unicipal Jail .of Romblon, Quezon City Jail, Provincial Jail of Batangas and the New Bilibid Prison were utilized as venues as actual

investigation. Ten maximum-security prisoners, six medium security-prisoners and five miniJ11um-security .prisoners . were informally interviewed. A pack of cigarettes always helped in eliciting honest and more dawn to earth answers. 60 .

upd.edu.ph/plj/images/files/PLJ volume 52/PLJ Volume 52 number 1 -03- Abelardo B. Albis, Jr., Eleandro F. Madrona, Alice P. Marino, Leonides S. Respicio - A Study on the Effectively of the Philippine Prison System.pdf

1.1.3 FORMS OF PUNISHMENT; ANCIENT TO CONTEMPORARY

Capital punishment in the Philippines has a varied history and was abolished on June 24, 2006 (the second time since 1987). Filipinos have mixed opinions about the death penalty, with many opposing it on religious and humanitarian grounds, while others advocate it as a way of deterring crimes. Spanish and American Periods During Spanish colonial rule, the most common method of executions were shooting by the firing squad (especially for treason/military crimes, usually reserved for independence fighters) and garrote (a notable case would be the Gomburza). A prominent example is the country's national hero, Jose Rizal, who was executed by firing squad on the [1] morning of December 30, 1896. In 1926, the electric chair was introduced, by the United States colonial government. This made the Philippines the only country besides the United States to employ this method. 1946 to 1986. Extreme overcrowding is the most punishing aspect of doing time in jails maintained by the Bureau of Jail and Management Penology (BJMP), which is an agency of the Department of Interior and Local Government. In 2001, about 35,000 inmates were fighting for space in jails supervised by the bureau. Today, the number has jumped to 69,500. The jails in Metro Manila account for 22,000 inmates which is more prisoners than the official capacity they can accommodate. At the Manila City Jail and other prisons in the National Capital Region, inmates have to take turns sleeping on the floor.

Based on government projections, the total jail population in BJMP-supervised jails could reach 89,000 in 2008, 101,250 in 2009 and 114,930 in 2010, way beyond the capacity of these holding facilities. These figures are only for the municipal and city jails which are under the care of the BJMP. Over congestion also brutalizes life in penitentiaries and in provincial jails. The projected populations of national prisons administered by the Bureau of Corrections, an agency of the Department of Justice and the jails maintained by the provincial governments must be as dreadful. Herding individuals in cramped spaces is cruel, inhuman, ill, degrading, and unjust punishment. Overcrowding is dangerous to health and to human life. It breeds diseases, breaks down discipline and exacerbates tensions. Having to fight for air and space 24 hours a day make prison, in the words of inmates, a living death.

1.1.4 THE DEVELOPMENT OF JAILS AND PRISONS A system is said to be effective if the end is realized with a maximum of success while using a minimum of means. To test, therefore, the effectively of the prison system, the end or the objective and the means or the strategy availed of to secure the desired end must be examined. This paper attempts to present the working of the prison system, the purpose for which it was established, the methods it employs, and the management strategy being used. It tries to present as candidly as possible conditions inside the prison, the problems, living conditions, activities. And finally, in our modest way, we offer 'some recommendations and proposed solutions.

1.1.5 CORRECTIONS AND THE CRIMINAL JUSTICE EDUCATION The Philippine Government have organized and established institutions which serves to maintain peace and order. These institutions are responsible for preventing crimes, enforcement of laws, apprehension and prosecution for those who violated the law. If, the courts of Law finds them guilty for committing crime they shall be confined in order for those people to be rehabilitated and reintegrate them into the community as law abiding citizens. These institutions organized by the Government have incorporated themselves in order to establish a Criminal Justice System. This system is composed of: the Law Enforcement, Prosecution, Court, Corrections and the Mobilized Community. The Law Enforcement effects the arrest of those people who violated the law. The Prosecution lays the background to determine whether the person arrested for violating a law be placed on the processes of the system wherein it resolves whether the person be charged in court or not. The Court is the cornerstone of the system wherein it determines whether the person charge for a criminal offense is guilty or not.

When the Courts of Law finds an individual guilty for violating the law, a sentence shall be imposed upon him, not for the person to change him attitude, but as a penalty. When the person has been proven guilty beyond reasonable doubt, he must be placed in a confinement for his protection and for the community‟s welfare. He is considered a prisoner while he serves his sentence imposed by the court for transgressing the law. Prisoners are classified as National or Insular Prisoner whose sentence is more than three (3) years to death will serve her penalty at the National Penitentiary. Based on the Bureau of Corrections reception procedures, female convicts will serve their sentence at the Correctional Institution for Women at Madaluyong City, while male convict will serve their sentence at any of the Correctional Institution of the country, namely: San Ramon Prison & Penal Farm, Zamboanga: Iwahig Prison & Penal Farm, Palawan: Davao Prison and Penal Farm, Dajuli, davao del Norte: New Bilibid Prison, MuntinlupaI: Sablayan Prison and Penal Farm, Sablayan Occidental Mindoro: and Leyte Regional Prison, Leyte. Before a convict can enter to the penal institution, he must first undergo admission and classification procedures. The operating manual of the Bureau of Corrections mandates that, admission will require the following documents: (1). Commitment Order from the Court or Mittimus; (2.) Court Decision of the Case; (3.) Information filed by the City/Provincial Prosecutor; (4.) Certificate of Detention, if any, from the City, Provincial and/or Municipal Jail where prisoner was detained. The prisoner will then be received at the Reception and Diagnostic Center (RDC) and his identity will be examined through its photographs and fingerprints. The authenticity of the documents submitted will also be carefully examined. The inmates will also be photographed and fingerprinted for comparative and record purposes of the Bureau of Corrections. After the prisoner is admitted he will stay at the RDC for a total of sixty (60) days. The inmate will be placed first in a quarantine for at least five days (5) wherein the prisoner will be medically examined to determine illness and if found to have infectious or contagious diseases, he shall be immediately confined in the hospital until he will fully cured. After the quarantine, the inmate shall remain at the RDC for a period not exceeding fifty five (55) days, wherein the inmate shall undergo orientation of prison rules and regulations, the condition of prison life, and institutional programs for their early release. A staff interview will be conducted by the Psychiatrist, Sociologist, Educational Counselor, Vocational Counselor, Chaplain, Medical Officer, and Custodial or Correctional Officer. All the facts and data gathered during the staff interview will be used as the basis for classification, diagnosis, and planning for the treatment program of the prisoner. After the staff interview a Staff Conference will be called for the purpose of discussing the treatment program of the prisoner. And the inmate will be informed about their findings and recommendation for his rehabilitative program. The prisoners are classified in the operating institution into maximum-security offenders, medium security offenders, and minimum security offenders. The purposes for the classification of offenders are: 1.) To separate offenders who by reason of their criminal record or derogatory character are likely to exercise a bad influence to other offenders; 2.) To separate offenders who by gravity of their offenses have been sentence to longer periods of imprisonment and therefore requires a more secure facility; 3.) To divide and segregate the offenders into classes to facilitate their rehabilitative treatment.

Medium security offenders are those who cannot be trusted in less secured areas and whose conduct or behavior requires minimum supervision. Under this category are; (1.) those whose minimum sentence is less than twenty years imprisonment; (2.) remand inmates or detainees whose sentences are below 20 years, (3.) those who are 18 years of age and below, regardless of the case and sentence, (4.) those who have two or more records of escapes. They can be classified as medium security inmates if they have served eight years in the maximum-security camp after they were recommitted. Those with one record of escape and must have serve five years in the maximum security camp, (5.) first time offenders sentenced to life imprisonment. They may be classified as medium security if they have served five years in a

maximum-security prison or less, upon recommendation of the Superintendent. Those who were detained in a City and/or Provincial Jail for five years shall not be entitled to said classification.

correctionhttp://www.cu.edu.ph/concept-of-criminal-justice-system-in-the-philippines/

1.2. Philippine Prisons and Jails: Organization, Power and Functions of the Bureau of Corrections

1.2.1. BUREAU OF CORRECTIONS

Bureau of Corrections (Philippines)

New Bilibid Prison; the NBP Reservation houses the BuCor headquarters The Bureau of Corrections (BuCor or BC) (Filipino: Kawanihan ng Koreksiyon) (KK) is an agency of the Department of Justice which is charged with the custody and rehabilitation of national offenders, who [1] have been sentenced to three years of imprisonment or more. The agency has its headquarters in the New Bilibid Prison Reservation in Muntinlupa City.

Organization It is headed by Director Gaudencio S. Pangilinan and the bureau has 2,362 employees, 61% of whom are [1] custodial officers, 33% are administrative personnel and 6% are members of the medical staff. Mission To maximize the assets' value of the BuCor to effectively pursue its responsibility in safely securing transforming national prisoners through responsive rehabilitation programs managed by professional [3] Correctional Officers.

Mandate The Principal task of the Bureau of Corrections is the rehabilitation of National Prisoners. The Bureau carries out the following task to carry out its mandate:    

[3]

[3]

Confine persons convicted by the courts to serve a sentence in national prisons. Keep prisoners from committing crimes while in custody. Provide humane treatment by supplying the inmates' basic needs and implementing a variety of rehabilitation programs designed to change their pattern of criminal or antisocial behavior. Engage in agro-industrial projects for the purpose of developing prison lands and resources into productive bases or profit centers, developing and employing inmate manpower skills and labor, providing prisoners with a source of income and augmenting the Bureau's yearly appropriations.

New Name Administrative Code of 1987 and Proclamation No. 495 issued on November 22, 1989. Change the agencies' name to Bureau of Corrections from Bureau of Prisons Logo

The logo presented here, is symbolic of the Bureau's mandate, the rehabilitation of inmate. The logo focuses on the man in prison as the main concern of rehabilitation. It presents man behind bars,but who looks outwards with the hope of re-joining the free community. The rays of the sun and the color green are symbolic of hope. The color orange is symbolic of happiness. The bar of justice represents the justice [4] system. (jrcp)

http://en.wikipedia.org/wiki/Bureau_of_Corrections_%28Philippines%29

1.2.1.1. HISTORY OF NATIONAL PRISON SYSTEM

Spanish Rule

Old Bilibid Prison circa 1900 The Old Bilibid Prison which was located on Oroquieta Street in Manila was established in 1847 and by a Royal Decree formally opened on April 10, 1866. On August 21, 1870 the San Ramon Prison and Penal Farm was established in Zamboanga City for Muslim and political prisoners opposed to the rule of Spain. American Colony the Unit penal Settlement now known as Iwahig Prison and Penal Farm was established in 1904 by the [4] Americans in 28,072 hectares of land. The land areas expanded to 40,000 hectares in the late 1950s. and expanded again to 41,007 hectares by virtue of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912. The Bureau of Prisons was created under the Reorganization Act of 1905 as an agency under the Department of Commerce and Police. The Reorganization Act also re-established the San Ramon Prison in 1907 which was destroyed during the Spanish-American War in 1888. The prisons was placed under [4] the Bureau of Prisons and receive prisoners in Mindanao. The Correctional Institution for Women was founded on November 27, 1929 and it is the one and only [4] prison for women in the Philippines. It was established to the Act No. 3579. On January 21, 1932, the bureau opened the Davao Penal Colony in Southern Mindanao.

[4]

The New Bilibid Prison was established in 1935 in Mutinlupa due to the increased rate of prisoners. Proclamation No. 72 issued on September 26, 1954, established the Sablayan Prison and Penal Farm in Occidental Mindoro. and the Leyte Regional Prison was established on January 16, 1973,

undhttp://en.wikipedia.org/wiki/Bureau_of_Corrections_%28Philippines%29er Proclamation No. 1011.

NATIONAL BILIBID PRISON 1.2.1.2. Organization, Power and Functions of the Bureau of Corrections 1.2.1.2.1.National Bilibid Prison New Bilibid Prison

Location

Muntinlupa City, Philippines

Status

Operational

Security class

Maximum security

Capacity

8,700

Opened

1940

[1]

[2]

Bureau of Corrections Managed by

Old Bilibid Prison c. 1900 The New Bilibid Prison in Muntinlupa City, Philippines, is the main insular [1] penitentiary designed to house the prison population of the Philippines. It is maintained by the Bureau of Corrections (BuCor) under the Philippine Department of Justice. As of October 2004, it has an inmate [3] population of 16,747. The penitentiary had an initial land area of 551 hectares. One hundred four [3] hectares of the facility were transferred to a housing project of the Department of Justice. The Bureau of [4] Corrections has its headquarters in the NBP Reservation. http://en.wikipedia.org/wiki/New_Bilibid_Prison

1.2.1.2.2. PENAL COLONIES The Davao Prison and Penal Farm Is the first and one of the oldest and most recognized penal colonies in the Philippines. Located in Santo Tomas, Davao del Norte, the penal colony is sprawled at the vast Tadeco Banana Plantation. Formerly known as the Davao Penal Colony,the Davao Prison and Penal Farm was built on January 21, 1932. It was established within a 5, 212-hectare of land and was supervised by Bureau of Corrections and the Department of Justice.

Iwahig Penal Colony

The Iwahig Prison and Penal Farm was originally set up in 1902 by the United States to house Philippine prisoners who had fought against the American colonization of the Philippines. Today, situated on the lush island of Palawan, only 30 minutes by road from Puerto Princesa City, Iwahig is unique among penal institutions. Despite the fact that most of the 2,300 inmates have been convicted of homicide, the majority are minimum security prisoners and are thus not locked up within the colony. Instead, these minimum security inmates live in dormitories and work on one of the many agricultural projects located within the prison farm. Prisoners who are deemed to be at risk of escaping are confined to medium or maximum security areas, where they are monitored, but these prisoners comprise less than fifty percent of the Iwahig population.

Girls return home from school, passing maximum security prisoners working in a garden. Many of the prison employees live within the penal colony with their families, and there is even an elementary school within the colony.

After they gain the trust of the guards some colonists are given more responsibility. In this case, a trusted prisoner watches over other inmates working in the rice-fields.

Minimum security prisoners bring rice in from the fields.

Minimum security prisoners thresh rice.

Colonists are counted often to make sure none are missing. Here inmates are being counted after they finish work in the ricefields.

There is not enough money in the colony's budget to issue all prisoners official uniforms, so most inmates simply have an orange scrap of cloth pinned to their shirt to indicate that they are inmates.

Lunchtime at maximum security. Inmates get three meals a day. Meals mostly consist of rice, rootcrops and some vegetables. Once or twice a week inmates are given some meat. The budget for food is 20 pesos per colonist per day.

Prisoners in Maximum Security are not permitted to leave the compound except when working under guard. Friends in Minimum buy bread for them on the outside and bring it to them.

A prison guard stands watch outside a building that dates from the American times. The building currently serves as a recreation hall and a dormitory for minimum security inmates.

Members of a prison marching band. None of the bandmembers had any musical experience before arriving at Iwahig.

During his free time, an inmate teaches another inmate's son how to play marbles. With permission from the Department of Corrections, some inmates are allowed live with their families inside the colony.

Inmates play volleyball in a tournament organized by the prison administration.

A colonist prepares dinner outside his dormitory. Minimum security prisoners, unlike medium and maximum security prisoners, prepare their own meals.

http://www.wirephoto.com/swallace/iwahig.files/Iwahig.html

Sablayan Prison and Penal Farm The Sablayan Prison and Penal Farm is situated in Occidental Mindoro, Philippines. By the virtue of Presidential Proclamation no. 72, it was established on September 26, 1954. Sprawled on a 16, 190-hectare land area, the Sablayan Prison and Penal Farm is one of the prisons nearer to Metro Manila.

According to records and file, the Sablayan prison first housed colonists, employees and prisoners on January 15, 1955. Since its establishment, the prison is continuously improved through construction of several buildings, including dormitories, employee's quarter, guardhouse, schoolhouse, chapel, recreation hall and post exchange.

The Sablayan Prison and Penal Farm is also where prisoners from New Bilibid Prison are brought for decongestion purposes. It follows the same colony standards as other penal farms.     

It was actually considered as the second oldest penitentiary in the Philippines but the closure of the Old Bilibid Prison in 1940 made this place the oldest existing penitentiary today. Established August 31, 1870 for persons convicted of political crimes. This was closed during the Spanish-American war because of the damages it endured. But this was re-opened during the American time. On November 1906, then American governor issued a decree defining the total area of the Penal Farm to contain 1,414.68 hectares. However, Presidential Proclamation No.1205 of June 09,1972 transferred 500 hectares to the Philippine Coconut Authority (PCA) and the Zamboanga City Special Economic Zone and Freeport Authority (Zambo Eco zone).

Colonia Penal de San Ramon - oldest prison

http://travelingluck.com/Asia/Philippines/Zamboanga+del+Sur/_1688604_San+Ramon+Penal+Colony.ht ml

1.2.1.3. CORRECTIONAL FOR WOMEN

Correctional Institution for Women The Correctional Institution for Women (CIW) is one of seven major facilities handled by the Bureau of Corrections (BuCor), an agency under the Department of Justice. Located in Muntinlupa City, CIW is one of the main stations for female offenders in the Philippines. It is the smallest but the most overcrowded correctional institution in the country, its 500 inmate-capacity reaching 951 (90% congestion rate) in 2001.

1.2.1.3 THE RECEPTION AND DIAGNOSTIC CENTER(RDC)

RECEPTION AND DIAGNOSTIC CENTER (RDC)

The Philippine national prison's RDC Recognizing the need to properly orient newly committed prisoners to the Philippines' Bureau of Corrections, the Reception and Diagnostic Center (RDC) was created through the issuance of Administrative Order no. 8, series of 1953 of the Department of Justice. It was patterned after the reception facilities of the California State Prison. The RDC is an independent institution tasked to receive, study, classify all national prisoners committed by final judgment to the National Penitentiary. The first RDC facility was created in Building no. 9 of the Maximum Security Compound of the New Bilibid Prison (NBP), Muntinlupa City. In a move to isolate the facility from the troubled maximum security wing then experiencing violence in 1973, RDC was relocated to Building no. 7, formerly referred to as Metro Jail of Medium Security Compound of Camp Sampaguita, NBP. To further insulate the newly received inmates from gang related exposures, the Center was transferred to the previous military command post adjacent the Medium Security facility where it is presently situated. The RDC is an entirely separate division with a highly technical function headed by the Chief of the RDC who oversees its independence in carrying its mandated tasks to receive study and classify all male national inmates committed to the Corrections by a competent court of authority. The Chief is directly responsible to the Director for all the activities undertaken by her personnel. Presently, RDC has a total of fifty (50) personnel, consisting of 21 civilian and 29 security officers, whose job functions are inter-related for a worthy implementation of its programs. The success of all prisons' rehabilitation process depends on how the RDC tackles the necessary orientation, diagnosis and treatment programs of the newly arrived inmates. Within the framework of staff and facilities, every effort is made to determine the inmate's strength as well as his moral weaknesses, his physical inadequacies, his character disorder, his educational, social and vocational needs. It is during the 60-day period, the critical initial contact between prisoner & his new environment that the primordial functions pertaining to care & treatment are exhaustively being carried out by the specialist staff. By the time the inmate is ready for transfer to any of the operating penal institutions, he has overcome all his fears and prejudices, has attained considerable adjustment, and is prepared to cooperate in the implementation of his treatment program. Being the initial stop of every national male prisoner, the RDC regularly continues to improve its rehabilitative programs. One such reform is the embracing of the behavioral modification modality. Primarily a program for drug dependents, the RDC Chief recognized the potential of applying the same principles to all committed inmates, thus the RDC was turned into a Therapeutic Community Camp on February 6, 2003. http://agentedilindap.blogspot.com/2006/05/reception-and-diagnostic-center-rdc.html

1.2.1.4 PRISON ADMISSION PROCEDURESAND CLASSIFICATION OF INMATES

The Philippine Government have organized and established an institution which serves to maintain peace and order. These institutions are responsible for preventing crimes, enforcement of laws, apprehension and prosecution for those who violated the law. If, the courts of Law finds them guilty for committing crime they shall be confined in order for those people to be rehabilitated and reintegrate them into the community as law abiding citizens. These institutions organized by the Government have incorporated themselves in order to establish a Criminal Justice System. This system is composed of: the Law Enforcement, Prosecution, Court, Corrections and the Mobilized Community. The Law Enforcement effects the arrest of those people who violated the law. The Prosecution lays the background to determine whether the person arrested for violating a law be placed on the processes of the system wherein it resolves whether the person be charged in court or not. The Court is the cornerstone of the system wherein it determines whether the person charge for a criminal offense is guilty or not. When the court of Law finds an individual guilty for violating the law, a sentence shall be imposed upon him, not for the person to change him attitude, but as a penalty. When the person has been proven guilty beyond reasonable doubt, he must be placed in a confinement for his protection and for the community‟s welfare. He is considered a prisoner while he serves his sentence imposed by the court for transgressing the law. Prisoners are classified as National or Insular Prisoner whose sentence is more than three (3) years to death will serve her penalty at the National Penitentiary. Based on the Bureau of Corrections reception procedures, female convicts will serve their sentence at the Correctional Institution for Women at Madaluyong City, while male convict will serve their sentence at any of the Correctional Institution of the country, namely: San Ramon Prison & Penal Farm, Zamboanga: Iwahig Prison & Penal Farm, Palawan: Davao Prison and Penal Farm, Dajuli, Davao del Norte: New Bilibid Prison, Muntinlupa: Sablayan Prison and Penal Farm, Sablayan Occidental Mindoro: and Leyte Regional Prison, Leyte. Before a convict can enter to the penal institution, he must first undergo admission and classification procedures. The operating manual of the Bureau of Corrections mandates that, admission will require the following documents: (1). Commitment Order from the Court or Mittimus; (2.) Court Decision of the Case; (3.) Information filed by the City/Provincial Prosecutor; (4.) Certificate of Detention, if any, from the City, Provincial and/or Municipal Jail where prisoner was detained. The prisoner will then be received at the Reception and Diagnostic Center (RDC) and his identity will be examined through its photographs and fingerprints. The authenticity of the documents submitted will also be carefully examined. The inmates will also be photographed and fingerprinted for comparative and record purposes of the Bureau of Corrections. After the prisoner is admitted he will stay at the RDC for a total of sixty (60) days. The inmate will be placed first in a quarantine for at least five days (5) wherein the prisoner will be medically examined to determine illness and if found to have infectious or contagious diseases, he shall be immediately confined in the hospital until he will fully cured. After the quarantine, the inmate shall remain at the RDC for a period not exceeding fifty five (55) days, wherein the inmate shall undergo orientation of prison rules and regulations, the condition of prison life, and institutional programs for their early release. A staff interview will be conducted by the Psychiatrist, Sociologist, Educational Counselor, Vocational Counselor, Chaplain, Medical Officer, and Custodial or Correctional Officer. All the facts and data gathered during the staff interview will be used as the basis for classification, diagnosis,

and planning for the treatment program of the prisoner. After the staff interview a Staff Conference will be called for the purpose of discussing the treatment program of the prisoner. And the inmate will be informed about their findings and recommendation for his rehabilitative program. An admission Summary will be submitted by the RDC to the penal superintendent which contains; the legal accountabilities of the case of the prisoner, criminal history, social history, physical history, vocational interest, competence, experience and training, educational qualification, religious background and interest, recreational interest, psychological characteristics and other behavioral characteristics. The recommended treatment program will also be attached with will serve as a guide in the execution of the treatment program at the operating institution. All of these things will be submitted by the RDC to the Penal Superintendent and to the operating institution. The operating institution is the actual cell assignment where the prisoner shall be placed. Before the inmate can enter to the operating institution she shall first be classified as to what security classification should she belong. All information about the convict and the result of the examinations conducted will be used by the Classification Board for the security classification of the prisoner. The classification board is composed of the following: the Penal Superintendent as Chairman; The Chief of the Reception and Diagnostic Center as Vice-Chairman; The Chief of the RDC as Vice-Chairman; the Medical Officer, the Chief Education Section, the Chief Agro-Industries Section as members and the Chief Overseer of the Penal Colony as Secretary. The Chief of Agri-Industries role in the classification process is to ascertain whether such work program granted to such inmate is viable considering their security status. The prisoners are classified in the operating institution into maximum-security offenders, medium security offenders, and minimum security offenders. The purposes for the classification of offenders are: 1.) To separate offenders who by reason of their criminal record or derogatory character are likely to exercise a bad influence to other offenders; 2.) To separate offenders who by gravity of their offenses have been sentence to longer periods of imprisonment and therefore requires a more secure facility; 3.) To divide and segregate the offenders into classes to facilitate their rehabilitative treatment. Maximum-security offenders include offenders who are highly dangerous as determined by the Classification Board, which will require a high degree of control and supervision. Under this category are those; (1.) sentence to death, (2.) those whose minimum sentence is 20 years imprisonment, (3.) remand inmates or those inmate whose cases are still under review by the Supreme Court or Court of Appeals and inmates whose sentence is twenty years and above, (4.) those with pending cases, (5.) recidivist, habitual delinquents, escapes, (6.) those confined at the Reception and Diagnostic Center, (7.) those under disciplinary punishment or safe keeping, (8.) those who are criminally insane or those suffering from severe personality or emotional disorders that make them dangerous to fellow inmates and prison staff. Medium security offenders are those who cannot be trusted in less secured areas and whose conduct or behavior requires minimum supervision. Under this category are; (1.) those whose minimum sentence is less than twenty years imprisonment; (2.) remand inmates or detainees whose sentences are below 20 years, (3.) those who are 18 years of age and below, regardless of the case and sentence, (4.) those who have two or more records of escapes. They can be classified as medium security inmates if they have served eight years in the maximum-security camp after they were recommitted. Those with one record of escape and must have serve five years in the maximum security camp, (5.) first time offenders sentenced to life imprisonment. They may be classified as medium security if they have served five years in a maximum-security prison or less, upon recommendation of the Superintendent. Those who were detained in a City and/or Provincial Jail for five years shall not be entitled to said classification. Minimum-security offenders are those who can be reasonably trusted to serve their sentence under less restricted conditions. Under this category are those; (1.) with a severe physical handicap as certified by the chief medical officer of the prison, (2.) those who are sixty-five years old and above, without pending case and whose convictions are not on appeal, (3.) those who have serve one-half (1/2) of their minimum sentence or one-third (1/3) of their maximum sentence, excluding Good Conduct Time Allowance

(GCTA), (4.) those who have only six months more to serve before the expiration of their maximum sentence. When the inmate is already in their assigned quarters at the operating institution, they are still covered by the laws of our Government and the rules and regulations of prison which serves as their disciplinary measures. Such that, when an inmate commits an offense punishable under the Revised Penal Code or other Special Criminal Laws he will be criminally charged in proper Court.

1.2.2. Bureau of Jail Management and Penology As one of the five pillars of the Criminal Justice System, the BJMP was created to address growing concern of jail management and penology problem. Primarily, its clients are detainees accused before a court who are temporarily confined in such jails while undergoing investigation, waiting final judgment and those who are serving sentence promulgated by the court 3 years and below. As provided for under R.A. No. 6975, the Jail Bureau is mandated to take operational and administrative control over all city, district and municipal jails. The Bureau has four major areas of rehabilitation program, namely: Livelihood Projects, Educational and Vocational Training, Recreation and Sports, and Religious/ Spiritual Activities. These were continuously implemented to eliminate the offenders' pattern of criminal behavior and to reform them to become law-abiding and productive citizens. Although the workplace of the Jail Bureau is confined inside the portals of jail to safeguard inmates, nonetheless, the Bureau has an inherent function of informing the public of jail operations and other matters concerning the corrections pillar of the Philippines. Coincidentally, being a new and growing Bureau, BJMP aims to keep the public abreast of information regarding jail management and penology. http://www.bjmp.gov.ph/about.html 1.2.2.1. History of Jails in the Philippines A. Pre-Spanish The pre-Spanish era was marked by basic political diversity. The main political unit was the barangay which exercised jurisdiction within its small territorial limits composed mostly of about 100 to 200 families. Consequently, there was no single criminal justice system and there was no single prison system in the Philippines. As a matter of fact, imprisonment as a penalty for law-violations was unheard of. There were no prisons to house any felon since punishment was mainly retributive in character. Some historical documents such as the Code of Kalantiao (1433) prescribed death, incineration, flagellation, mutilation, swimming under water for a fixed time, ant treatment and fines. Those guilty of recidivism were beaten to death or exposed to ants for 1 day. Slavery or servitude was also imposed as subsidiary penalties for fines. All these indicate that the pre- Spanish criminal law was purely punitive and retributive. http://law.upd.edu.ph/plj/images/files/PLJ%20volume%2052/PLJ%20Volume%2052%20number%201%2 0-03%20Abelardo%20B.%20Albis,%20Jr.,%20Eleandro%20F.%20Madrona,%20Alice%20P.%20Marino,%20

Leonides%20S.%20Respicio%20%20A%20Study%20on%20the%20Effectivity%20of%20the%20Philippine%20Prison%20System.pdf B. Spanish Regime Upon the imposition of the Spanish control, the European Criminal system was introduced in the Philippines. Those penal laws consisting of royal decrees, orders, ordinances, rules and regulations for the governing of colonies which were later embodied in the Recopilacion de las Leyes de India, became the base of the Philippine Penal Laws. By 1887 the aforecited Recopilacion was substituted by the imposition of the Spanish Penal Code of 1870. The Spanish criminal justice system was punitive or retributive in character. It also sought to segregate convicted criminals from the main-stream of the society. Punishment of criminals was undertaken by the incarceration of convicts for a period depending on the nature of the crime. Prisoners were confined in jails under the jurisdiction of the commandancia of the province. There was no single penal system until the Spanish government decided to erect national penitentiaries. On September 12, 1859, the Spanish government opened for public bidding the construction of a prison to be known as the Carcel y Prisidio Correccional which would house about 1,127 prisoners all over the Philippines. The construction of the building began at Azcarraga, Manila. Seven years later, the building was completed. The prison which was to be known as the Bilibid Prisons was described as follows: It was composed of the following buildings: one building for the offices and quarters of the prison warden and 15 buildings or Departments for prisoners which were arranged radially and formed spokes. The central tower formed t he hub. Under this tower was the chapel. There were four cell-houses for the isolated prisoners and four isolated buildings located on the four corners of the walls which served as kitchen, hospital and stores. The prison was divided in the middle by a thick wall. Aside from the Bilibid prisons there were three other principal penitentiaries established by the Spanish government in Cavite, Zamboanga and the Marianas Island. http://law.upd.edu.ph/plj/images/files/PLJ%20volume%2052/PLJ%20Volume%2052%20number%201%2 0-03%20Abelardo%20B.%20Albis,%20Jr.,%20Eleandro%20F.%20Madrona,%20Alice%20P.%20Marino,%20 Leonides%20S.%20Respicio%20%20A%20Study%20on%20the%20Effectivity%20of%20the%20Philippine%20Prison%20System.pdf C. American Regime Upon the withdrawal of the Spanish government, all prisoners were released and the penitentiaries were abandoned until 1905 when the American Army reestablished the institutions and created the Bureau of Prisons under the Department of Commerce and Police. During the period, additional insular prisons were established: Iwahig Penal Colony, San Ramon Prison (reactivated), Corregidor Stockade (phased out in 1941), Bontoc Prison, Correctional Institute for Women and the Davao Penal Colony. In 1924, Director of Prisons Ramon Victorio advocated the transfer of the Bilibid Prisons from the heart of Manila to a place outside the city because of the rapid increase of the prison population. A

committee headed by the Secretary of Justice was formed in order to study the feasibility of the proposal. In 1936, the city of Manila exchanged its 552 hectares of land located at Muntinlupa, Rizal for the Bilibid Prison which later became the Manila City Jail. Thereafter, construction began and shortly before the outbreak of the war and before the complex was completed, the transfer of all insular prisoners was undertaken. During the war, the New Bilibid Prison at Muntinlupa was used by the Japanese for incarcerating suspected guerrillas and Japanese enemies. Upon the liberation of Manila, former American prisoners of war were confined at the New Bilibid Prisons for recuperation. The American period did not radically alter the penal philosophy of the Philippines. It continued to rely on the outmoded classical doctrine of free will which punished the crime rather than the criminal. The promulgation of the Revised Penal Code did not significantly change the philosophy. It is also punitive in character, albeit with some redeeming features such as the mitigating and aggravating circumstances wherein the conditions or the circumstances of the criminal at the time of the commission of the crime are to be considered. In 1919 the Philippine Bar Association created a committee to investigate the conditions inside the national penitentiary. The committee found out that the prisoners were subjected to cruel and excessive punishment. They singled out the bartolina which constitutes ot close confinement in irons with the prisoner's hands chained to a post or wall at about the height of his shoulder. A gag was also used occasionally to prevent the prisoner from making loud or disagreeable noises. This gag consisted of a piece of wood fitted to enter the mouth of the prisoners. On the other hand, the institution of open penal farms was introduced. Prisoners with good record of behavior at the New Bilibid Prisons were transported to penal colonies at Iwahig at Davao to work as farmers in an atmosphere similar to a free society. http://law.upd.edu.ph/plj/images/files/PLJ%20volume%2052/PLJ%20Volume%2052%20number%201%2 0-03%20Abelardo%20B.%20Albis,%20Jr.,%20Eleandro%20F.%20Madrona,%20Alice%20P.%20Marino,%20 Leonides%20S.%20Respicio%20%20A%20Study%20on%20the%20Effectivity%20of%20the%20Philippine%20Prison%20System.pdf

D. After the American Regime In 1949, the Department of Justice issued rules for the treatment of prisoners which aimed, among others, at the rehabilitation of the criminal. The purpose of the prison system was not merely to punish the crime but likewise to rehabilitate or correct the criminal. However, this did not significantly alleviate the actual condition of the prisons. The New Bilibid Prisons proved to be inadequate to meet the demands of growing prison population. The over congestion, inadequate food, accommodation and idleness of the prisoners were cited as causes of the prison riots of the 1950's and the 1960's. The Senate committee on Justice of the Fourth Session of the Sixth Congress investigated the condition of the penitentiaries in 1968-69, and findings revealed the sub-human conditions inside the prisons. In 1971, the government erected two satellite camps to alleviate the problem of congestion inside the National Bilibid Prisons proper. The Camp Sampaguita houses the medium-security prisoners, the

youthful offenders and the Reception Diagnostic Center. The Camp Bukang-Liwayway on the other hand houses the minimum-security prisoners who have served at least one-fifth of their maximum sentence. By 1976, the Philippine government had more than 1,500 correctional institutions. Of this number, 8 are insular prisons under the direct super- vision of the Directors of Prisons; 72 are provincial jails administered by the provincial governors; 65 city jails and 1,437 municipal jails 18 which are administered by the local police agencies under the Integrated National Police. http://law.upd.edu.ph/plj/images/files/PLJ%20volume%2052/PLJ%20Volume%2052%20number%201%2 0-03%20Abelardo%20B.%20Albis,%20Jr.,%20Eleandro%20F.%20Madrona,%20Alice%20P.%20Marino,%20 Leonides%20S.%20Respicio%20%20A%20Study%20on%20the%20Effectivity%20of%20the%20Philippine%20Prison%20System.pdf E. Present On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic Act 6975 as a line Bureau under the Department of Interior and Local Government. The Jail Bureau is the upgraded version of its forerunner, the Office of Jail Management and Penology of the defunct PC/INP last headed by BRIG GEN Arsenio E. Concepcion.

As mandated by law, the BJMP shall operate under the reorganized Department of the Interior and Local Government. 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 Bureau. The Bureau of Jail Management and Penology supervises and controls all district, city and municipal jails. At present, DIRECTOR ROSENDO MORO DIAL, CESO III serves as the Jail Bureau's Chief. http://www.bjmp.gov.ph/about.html

1.2.2.2. Organization, Powers and Functions of the BJMP

Functions of the BJMP a. Formulate policies and guidelines in the administration of all district, city and municipal jails nationwide. b. Implement strong security measures for t5he control of inmates; c. Provide for the basic needs of inmates; d. Conduct activities for the development of inmates;

e. Improve Jail facilities; f. Promote the general welfare and development of personnel. http://www.scribd.com/doc/47343965/BJMP

1.2.2.2.1 The Bureau The Bureau, under the provisions of RA 6975, RA 9263 and other CSC rules and guidelines, ensures that all its personnel are given appropriate task commensurate to their designations, ranks and trainings. These help the Bureau establish an organized, efficient and effective manning scheme.

Duties, Responsibilities, Powers and Functions 1. Chief, BJMP a. Acts as adviser to the Secretary of the DILG relating to formulation and implementation of policies, plans and programs in the supervision and control of districts, city and municipal jails nationwide b. Exercises command, supervision and control over all personnel of the Jail Bureau; c. Administers and implements laws relating to jail management and enforces rules and regulations governing the administration and operation of the Jail bureau down to its lowest units; d. Recommends to the Secretary rules and regulations other guidelines which require the Department‟s approval; e. Issues Directives, instructions and policies for the efficient implementation of programs; and f. Appoints new applicants and promotes non-officers rank within the National headquarters and Officers rank from jail Inspector to Superintendent nationwide.

2. Deputy Chief for Administration a. Advises and assists the Chief, BJMP in the formulation and implementation of the plans, programs and policies pertaining to personnel, logistics and comptrollership; b. Assists the Chief, BJMP in the proper implementation of the various programs/activities of the different divisions, regional offices and in administration of the jail nationwide; c. Assumes the duties of the chief, during the latter‟s absence; and d. Performs such other functions as may be assigned by the Chief, BJMP.

3. Deputy Chief for Operations

a. Advises and assists the chief, BJMP in the formulation and implementation of the plans, programs and policies pertaining to jail operations; b. Assists the Chief, BJMP in the proper implementation of the various programs/activities of the different divisions, regional offices and in the administration of the jails nationwide; c. Assumes the duties of the Chief in the absence of the former and the deputy Chief for administration; and, d. Performs such other functions as may be assigned by the Chief, BJMP.

4. The Chief of Directorial Staff a. Exercise direct supervision over the operations of Directorates and offices at the National headquarters; b. Directs, supervises and ensures coordination of the work of the staff, except in those specific areas reserved by the Chief, BJMP, thereby freeing the latter from routine details; c. Reviews and approves authorized staff actions to ensure that they are adequate, coordinated and designated to produce the Bureau‟s intended results; d. Ensures that the subordinate divisions or officers are kept informed of actions affecting their units; e. Ensures that the decisions and concepts of Chief, BJMP are implemented by directing the staff and assigning them specific responsibilities, when necessary, to prepare and issue plans, orders, reports, and other actions; f. Represents the Chief, BJMP in all external activities when authorized; g. Maintains a master policy file and monitors the implementation of all SOPs; h. Ensures that required liaison is established; i. Requires all coordinating and special staff officers to inform him of any recommendation to, or instruction directly from Chief, BJMP unless otherwise instructed by the Chief, BJMP; and j. Performs such other functions as may be assigned by the Chief, BJMP.

5. Directorate for Human Resource and Records Management a. Develops and Implements programs relating to selection, recruitment, examination, appointment, promotion, retirement, separation from the service and assignment of personnel and formulates policies, standards, rules and regulations for the proper implementation of such programs; b. Provides programs for Human Resource Development aimed at the development of qualified and efficient work force in the BJMP;

c. Maintains the Bureau‟s personnel strength and deployment in coordination with other Directorates and regional directors and allocates number of personnel to be recruited and appointed or promoted in the Regions and National Offices

d. Undertakes program and projects for the welfare , development and maintenance of morale, discipline and adherence to law and order by the personnel; e. Provides plan/ programs for headquarters management, like quartering and housing, internal management, space allocation, and administrative support; f. Formulates and evaluates personnel system and standards relative to performance appraisal, merit promotion, and employees‟ incentive benefits and awards; g. Serves as message center of the BJMP; h. Assumes responsibility for personal Records Management; and i. Performs such other functions as the Chief, BJMP may direct

6. Directorate for Operations a. Advises and assists the Chief, BJMP on matters relating to the formulation and execution of correctional programs, particularly on the aspects of organization, training, operation, and planning; b. Formulates and Implements policies, guidelines and programs relating to security, custody, discipline and control of inmates; c. Conducts periodic and supervision of jail facilities or such matters concerning penology as custody, security, discipline and control of inmates and ensure that regulations and programs pertaining to these concerns are properly maintained; d. Formulates plans, programs, policies and guidelines for the effective implementation of inmates‟ welfare and development programs and services in all jails nationwide; e. Coordinates with private and government agencies and solicits their assistance and support for inmates‟ welfare and development programs in all jails nationwide; f. Perform such other functions as the Chief, BJMP may direct.

7. Directorate for Logistics a. Advise the Chief, BJMP on general management of logistical resources; b. Plans and formulates plans and guidelines on construction projects, procurement and distribution of supplies, materials and equipment of the BJMP;

c. Supervises the supply Accountable officer on matters pertaining to distribution of supplies, materials and equipment d. Monitors equipment maintenance readiness status; and e. Perform such other functions as the Chief, BJMP may direct.

8. Directorate for Comptrollership a. Advises the Chief, BJMP on matters relating to Budgeting, Accounting and financial management; b. Monitors resource and fiscal management functions; c. Supervises the development, evaluation, revision, and execution of the BJMP‟s operating program/budget and the program review and Analysis;

d. Provide assistance to the staff on budget methods and formats, techniques of preparation, presentation and analysis, and the development of workload information, expense factor, and statistics for programming and budgeting purposes; e. Prepares and/or assists in the preparation of cost analysis and estimates for use in planning, programming, budgeting and decision-making process; f. Monitors administrative control, accounting, and reports on fund receipts and disbursements; g. Develops and maintains effective financial and management control, procedure and disbursements; h. Conduct resource management analysis and review; i. Prepares annual financial work plan; and, j. Perform such other functions as the Chief, BJMP may direct.

9. Directorate for Program Development a. Assists the Chief, BJMP in the formulation and development of plans programs to achieve the BJMP‟s mission and objectives; b. Conduct research and studies and gathers data for planning and programming purposes; c. Prepares position papers and recommends measures for the improvements of management processes in the BJMP; d. Coordinates with other staff in the preparation of operation plan and budget (OPB); and, e. Perform such other functions as the Chief, BJMP may direct.

10. Directorate for Intelligence, Investigation and inspectorate a. Formulates and develops policies, standards and guidelines on security and inspection activities covering areas of concern and interest for purposes of improving management of the BJMP and its units and officers down to the jail nationwide; b. Conducts periodic inspection of jails and renders report thereon; c. Conducts investigation and security audit and recommends measures to improve jail administration; d. Conducts impartial investigation of cases occurring within the jurisdiction of the jail Bureau and recommends appropriate measures for corrective disciplinary actions depending on the nature of cases investigated; and, e. Perform such other functions as the Chief, BJMP may direct.

11. Office of Legal service a. Advise the Chief, BJMP on legal matters and renders legal opinion on matters related to the administration and operation of the BJMP; b. Conducts hearings pursuant to BJMP Administrative Disciplinary Machinery;

c. Prepares decision/resolutions on administrative cases heard and replies in case of appeal; and d. Perform such other functions as the Chief, BJMP may direct.

12. Office of General Service a. Exercise administrative and operational control over personnel assigned or attached with the National Headquarters; b. Ensures the security of the National Headquarters; c. Responsible for the quartering spaces for transient personnel; d. Responsible for the Inspection and reception of visitors at the National Headquarters; e. Supervises parking of vehicles for organic or non-organic personnel; f. Takes charges of the athletics, band and Combo, and other special service functions of the BJMP; g. Takes charge of the cleanliness and beautification of the NHQ;

h. Perform such other functions as the Chief, BJMP may direct.

13. Office of Accounting Service a. Supervises the recording of financial transactions of the agency; b. Gives technical advice on financial and budgetary matters to the head of the agency; c. Supervises the preparation and submission of financial statements; d. Assists in the preparation of budget estimates; e. Implements administrative and financial policies; f. Supervises correctness of journal entry vouchers, journals, bills, statement of accounts, trial balances, budget estimates and other financial statements and records; g. Certifies availability of funds on expense vouchers, treasury warrants and requisitions for supplies and materials and correspondence.

14. Office of Finance Service a. Assists and advises the Director, Directorate for Comptrollership on financial matters and requirements of the BJMP; b. Coordinates with other offices concerning the preparation and distribution of pay and allowances of uniformed and non-uniformed personnel of the BJMP; c. Maintains records of pay and allowances of BJMP personnel; d. Prepare cash requirements for BJMP Disbursing Officers; and, e. Perform such other functions as the Chief, BJMP may direct.

15. Office of Supply Accountable Officer a. Assists and advises the Director, Directorate for Logistics on supply and equipment requirements of the BJMP; b. Plans the functions and operations pertaining to receiving, storekeeping, stock control and supply cataloguing of procured BJMP supplies, materials and equipment (SME); c. Implement logistical policies on property and supply management;

d. Conduct physical inventory of supplies, materials and equipment of the NHQ annually or semiannually; to include the regional level upon directive of the head of the agency; e. Settle technical and procedural issues and concerns referred to by all Regional SAO‟s, Property Custodians, RSAO‟s and /or RSNOR‟s pertaining to supplies, materials and equipment of the BJMP utilizing thereat; f. Coordinate with concern committees pertaining to disposal or divestment of unserviceable, obsolete and/ or properties of the BJMP; g. Signs and issues certificates of no-property accountability clearance to all BJMP officers, NOR‟s and NUP‟s applying for retirement, transfer, and/ or resignation from the BJMP service; h. Maintains and update records of BJMP supplies, materials and equipment of the BJMP ; and, i. Perform such other functions as the Chief, BJMP may direct.

16. Office of Internal Audit Service a. Formulate and develop policies, standard rules and regulations for the effective conduct of Inspection; b. Conducts personnel inspection and performance audit; c. Recommends and advises the Chief, BJMP on matters affecting internal discipline and its appropriate corrective disciplinary action; d. Protects the Jail Bureau‟s interest by disclosing the weakness and deficiencies in the control mechanism that needs correction; e. Keeps appropriate record of its work and submit reports; f. Monitors jails for the proper utilization of its resources; g. Perform such other functions as the Chief, BJMP may direct.

17. Office of Chaplaincy Service a. Assists in the formulation of policies and guidelines regarding religious activities; b. Conducts religious service for both BJMP personnel and inmates; c. Conducts lectures and undertakes religious activities relating to moral upliftment and values formation both for the BJMP personnel and inmates; d. Assists the Directorate for Operations in the preparation of appropriate inmates; welfare and development programs for all district, city and municipal jails nationwide; and, e. Perform such other functions as the Chief, BJMP may direct.

18. Office of the Media Affairs and Community Service a. Assists and advises the Chief on community relations programs and activities of the BJMP; b. Works for the attainment of positive image for the BJMP through tri -media; c. Institutes and implements internal community relations programs designed to promote harmonious relations among jail personnel; d. Serves as the media agency of the BJMP and performs media-related roles; e. Administers public relations programs for the BJMP; and, f. Perform such other functions as the Chief, BJMP may direct.

19. Office of Information and Communications technology Service a. Provides adequate and updated management information to serve as basis for effective planning, management and control, policy formulation and decision-making; b. Promotes interfacing among directorates, regional offices and other agencies through integrated data-banking for a more efficient sharing and dissemination of information; c. Develops Computer application program suitable and necessary for office automation.; d. Serves as the electronic communication center of the BJMP; and, e. Perform such other functions as the Chief, BJMP may direct.

20. Office of National Executive Senior Jail Officer a. Represents Rank and file in staff Conferences and other activities involving morale, welfare, discipline and professionalism and in special bodies such as merit promotion board and the like; b. Conducts research studies and makes recommendations to appropriate levels of command; c. Suggests programs and projects aimed at enhancing morale, welfare, discipline and professionalism in the service, and; d. Performs such other functions as the Chief, BJMP may direct.

21. Office of Health Service a. Assists in the formulation and implementation of policies, guidelines and programs for health promotion of personnel and their qualified dependents, and inmates;

b. Provides quality health care among personnel and their qualified dependents, and inmates of various district, city and municipal jails nationwide, under the supervision and control of the BJMP; c. Examines, diagnose and treats medico-dental patients of the BJMP; d. Assists in the healthcare delivery of the government for national development; e. Provides medical, neuro-psychiatric and dental evaluation of BJMP personnel and applicants; and,

f. Performs such other functions as the Chief, BJMP may direct.

22. Jail Regional Director (RD) a. Supervises, monitors and control district, city and municipal jails within the area of responsibility; b. Appoints new applicants and promotes non-officers rank within the area of responsibility; c. Ensures proper and effective utilization of resources in the administration of jails in the region; d. Implements laws, rules, policies, guidelines and standards handed down by higher authorities; e. Provides technical advice and assistance to government offices and other agencies regarding jail matters within jurisdiction; and, f. Performs such other functions as the Chief, BJMP may direct.

23. Assistant Jail Regional Director For Administration a. Advises and assists the Regional Director in the formulation and implementation of plans, programs and policies pertaining to personnel, logistics and comptrollership of the region; b. Assists the Regional Director in the proper implementation of the various programs/activities in the administration of jails nationwide; c. Acts as Chairperson of the Regional Selection and Placement Board (RSPB); d. Assumes the duties of the Regional Director during the latter‟s absence; and, e. Performs such other functions as the Chief, BJMP may direct.

24. The Regional Chief Staff a. Exercises direct supervision over the operations of the division at the Regional office;

b. Directs, supervises and ensures coordination of the work of the staff, except in those specific areas reserved by the Regional Director, thereby freeing the latter from routine details; c. Reviews and approves authorized staff actions to ensure that they are adequate, coordinated and designated to produced the region‟s intended results; d. Ensures that the decisions and concepts of Regional Director are implemented by directing the staff and assigning them specific responsibilities, when necessary, to prepare and issue plans, orders, reports, and other actions; e. Ensures that required liaison is established; and, d. Performs such other functions as may be assigned by the Regional Director

25. Jail Provincial Administrator a. Supervises BJMP jails within the province and sees to it that all directives, policies, rules and guidelines are strictly followed ; and, b. Performs such other functions as may be assigned by the Regional Director.

26. Jail Warden/Wardress a. Supervises and control all personnel and inmates in the Jail; b. Implements legal order, rules, regulations and directives on jail operation and administration; c. Administers sanctions and other disciplinary actions on inmates or personnel under his command for disobedience or infraction of orders; d. Supervises the conduct of greyhound operations and inspections of jail facilities and premises; e. Ensures the security and control of the jail facility and provides inmates‟ welfare and development programs; f. Promotes the welfare and morale of personnel and inmates; g. Assumes the responsibility for the formulation and implementation of emergency plans to preclude occurrence of jail incidents and disturbances; h. Ensures proper utilization of resources and maintenance of facility supplies and equipments; i. Establishes linkages with GO‟s, NGO‟s and/or the tri-media; j. Submits periodic and spot reports, if necessary, to regional office; k. Turn-over duties and responsibilities including supplies, funds, organic equipment, records and paraphernalia to the incoming jail warden upon relief; and l. Performs such other functions as may be assigned by the Regional Director.

26. Deputy Jail Warden a. Assists the Warden in the implementation and monitoring of plans, programs and policies of the BJMP; b. Assists the warden in the over-all management of the jail; c. Acts as the chairperson of the inmates‟ Disciplinary Board and Inmates Classification Board; d. Exercise direct supervision over all Jail Supervisor and subordinates and prepare for routine inspection of the Jail; e. Assists the warden in budget planning and in requesting allocation of funds; f. Assists in promoting welfare and morale of personnel and inmates; g. Assumes the duties and responsibilities of the warden during the latter‟s absence; and, h. Performs other functions as the warden may direct.

REGIONAL OFFICE. The BJMP operates and maintains Regional Offices in each of the administrative regions of the country, headed by a Regional Director for Jail Management and Penology, with the rank of at least Senior Superintendent. The Regional Director is assisted by an Assistant Regional Director for Administration, Assistant Regional Director for Operations, and Regional Chief of Directorial Staff, who are all officers with the rank of at least Superintendent.

JAIL PROVINCIAL ADMINISTRATOR'S OFFICE. In every province, the BJMP operates and maintains a Provincial Jail Administrator‟s Office headed by a Provincial Administrator, to oversee the implementation of jail services of all district, city and municipal jails within its territorial jurisdiction. http://www.bjmp.gov.ph/about.html http://www.scribd.com/doc/47343965/BJMP 1.2.2.2.2. DISTRICT JAIL. Within large cities or a group of clustered municipalities, a District Jail headed by a District Warden may be established. At present there are 152 district jails are manned by the Jail Bureau. http://en.wikipilipinas.org/index.php?title=Bureau_of_Jail_Management_and_Penology http://www.bjmp.gov.ph/about.html 1.2.2.2.3 to 1.2.2.2.4. CITY AND MUNICIPAL JAILS.

The BJMP operates and maintains City and Municipal Jails, each headed by a City or Municipal Warden, as the case may be. As of these days, 84 city jails and 177 municipal jails are fully manned by the Jail Bureau. http://en.wikipilipinas.org/index.php?title=Bureau_of_Jail_Management_and_Penology http://www.bjmp.gov.ph/about.html

1.2.2.3. Jail Admission Procedures and Classification of Inmates

PROCEDURE ON ADMISSION A. DESK OFFICER 1. Upon commitment of an inmate, check the credentials of the person bringing the inmate to determine his/her/their identity and authority. 2. Make sure that the following documents are available: •

Commitment Order

•

Information/Complaint

•

Medical Certificate issued by Government Hospital

3. Examine the arrest report and the authenticity of the commitment order. 4. Take all cash and other personal property from the inmate, list them down on a receipt form duplicate, duly signed by him/her and countersigned by the inmate. Original receipt should be kept for the record and duplicate should be given to the inmate. 5. All cash and other valuables of the inmate must be turned over to the Jail Property Custodian for safekeeping and covered by a receipt.

B. RECORDS ADMITTING OFFICER 1. Receives the documents from the DO and starts the booking procedures. 2. Inmate is fingerprinted and photographed. 3. Inmate is strip-searched to check for any markings, cuts, bruises, etc. and same shall be indicated in the jail booking report. 4. Inmates clothing shall be checked for presence of contra bands. 5. In a dialect that the inmate understands, he/she shall be apprised of the provisions of Art 29 of the RPC as amended by RA 6127.

6. If the inmate agrees to abide by the same disciplinary rules upon convicted inmates, he/she shall be asked to sign a Detainee's Manifestation. Otherwise, the warden issues a Certification under oath to the effect that the detainee was apprised of the provision of Art 29 of the RPC as amended and that the inmate refused to sign.

C. JAIL MEDICAL OFFICER 1. Conducts thorough check-up on the overall condition of the inmate during the time he/she was brought to the jail. 2. Checks on the entries in the medical certificate to ascertain any discrepancies and records any findings not indicated.

D. CHIEF CUSTODIAL! OFFICER OF THE DAY 1. Orients the newly committed inmate of the rules and regulations of the jail.

E. RECORDS! DESK OFFICER (as the case maybe) 1. Assigns the newly committed inmate to his/her cell.

F. JAIL WARDEN 1. Coordinate with concerned agencies regarding the case of inmate for speedy disposition and to furnish them copy of the needed documents available.

http://www.bjmp.gov.ph/files/admission%20and%20releasing%20of%20inmates.pdf

Classification of Prisoners

During the first two weeks or so, the newcomer is confined at the quarantine cell where he undergoes an orientation of prison life. He is also examined in order to see whether he is in need of medical attention or suffering from diseases which may necessitate his segregation from the rest of the prison population. Municipal or City Prisoners Any person detained or sentenced for violation of a municipal or city ordinance; a person detained pending trial before a municipal or city court; a person detained by order of a judge of a municipal or city court pending preliminary investigation of the crime charged until the court shall demand him to the Court of First Instance; and a person who by reason of his sentence may be deprived of liberty for not more than thirty (30) days. The imposition of subsidiary imprisonment shall not be taken into consideration in fixing the status of a prisoner

Provincial Prisoners Any person detained pending preliminary investigation before the Court of First Instance; a person who by reason of his sentence may be deprived of liberty for not more than one year or is subjected to a fine of not more than P500 or is subjected to both penalties, but if a prisoner receives two or more sentences in the aggregate exceeding the period of one year, he shall not be considered a provincial prisoner. The imposition of subsidiary imprisonment shall not be taken into consideration in fixing the status of a prisoner hereunder except when the sentence imposes a fine only. He is committed to the provincial jail.

http://law.upd.edu.ph/plj/images/files/PLJ%20volume%2052/PLJ%20Volume%2052%20number%201%2 0-03%20Abelardo%20B.%20Albis,%20Jr.,%20Eleandro%20F.%20Madrona,%20Alice%20P.%20Marino,%20 Leonides%20S.%20Respicio%20%20A%20Study%20on%20the%20Effectivity%20of%20the%20Philippine%20Prison%20System.pdf

1.3 Forms of Correctional Treatments in Jails and Prisons Imprisonment and other measures which result in cutting off an offender from the outside world are afflictive by the very fact of taking away from the person the right of self-determination and depriving him of his liberty. Therefore the prison system should not, except as an incident to justifiable segregation or maintenance of discipline, aggravate the suffering inherent in such a situation. The purpose and justification of a sentence of imprisonment on a similar measure deprivative of liberty is ultimately to protect society against crime. This end can only be achieved if the period of imprisonment is used to ensure, so far as possible, that upon his return to society, the offender is not only willing but able to lead a law-abiding and self-supporting life.

To this end, the institution should utilize all the remedial, educational, moral, spiritual and other forces and forms of assistance which are appropriate and available, and should seek to apply them according to the individual treatment needs of the prisoners. The regime of the institution should seek to minimize any differences between prison life and life at liberty which tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings. http://law.upd.edu.ph/plj/images/files/PLJ%20volume%2052/PLJ%20Volume%2052%20number%201%2 0-03%20Abelardo%20B.%20Albis,%20Jr.,%20Eleandro%20F.%20Madrona,%20Alice%20P.%20Marino,%20 Leonides%20S.%20Respicio%20%20A%20Study%20on%20the%20Effectivity%20of%20the%20Philippine%20Prison%20System.pdf

1.3.1. The Goals of Correctional Treatment 1. To improve the living conditions of inmates in accordance with the accepted standards 2. To enhance the safekeeping and development of inmates in preparation for their eventual reintegration into the mainstream of society. http://www.scribd.com/doc/47343965/BJMP

1.3.2. Prison Programs 1.3.2.1. Prison Education Rehabilitation can be facilitated by improving an inmate‟s academic and job skills. Records show that many prisoners are poorly educated. A majority are elementary school drop outs or have not even finished primary school. Prison education amounts to remedial schooling designed to prepare inmates to obtain basic skills in reading, writing and mathematics. In most correctional facilities, vocational programs are incorporated into job assignments and serve as on-the-job training. The goal is to provide inmates with skills that will improve their eligibility for jobs upon release. Most prison vocational training is geared toward traditional blue-collar employment in areas such as electronics, auto mechanics and handicrafts. At the Reception and Diagnostic Center, a basic computer literacy course with typing as a support course is available for inmates who have finished at least high school level.

Vocational training and social education focus on job readiness. The concern in these areas is life skills. If inmates are to reenter society and abstain from criminal activity, they must be employable and have the basic tools necessary to function as responsible citizens. The National Penitentiary has a college degree program and a tertiary degree correspondence course, in addition to the regular secondary and compulsory basic literacy classes. Prisoners are strongly encouraged by the BuCor authorities to enroll while serving their sentence and to advance their academic skills. http://www.bucor.gov.ph/programs/prog3.htm

1.3.2.2. Work Programs The Bureau offers a variety of inmate work programs, from agricultural to industrial. The purpose of the inmate work program is to keep the inmates busy, and to provide them money for their personal expenses and their families as well as help them acquire livelihood skills, in order that they may become productive citizens once they are released and assimilated back into the mainstream of society. Different prison and penal farms provide institutional work programs for inmates. At the Davao Penal Colony, inmates work on the banana plantations of Tagum Development Company (TADECO) which has a joint venture agreement with the Bureau. Similarly, the vast tracts of land at the Iwahig Penal Colony are developed and tilled by inmates to produce various agricultural products, thereby generating income for the Bureau. The Sablayan Prison and Penal farm also provides agriculture and aquaculture programs for inmates. Along this end, the Bureau under the present Director has encouraged agricultural and industrial production by providing farming implements, tractors, fertilizers and other inputs in order to sustain this area of rehabilitation for inmates. http://www.bucor.gov.ph/programs/prog1.htm

1.3.2.3. Religious Services Inmates enjoy freedom of religion. All inmates are free to observe the rituals of their faith, with orderly conduct supervised by prison authorities. A religious guidance adviser or chaplain is assigned in every prison and penal farm. The prison chaplain sets the stage for every regular spiritual activity. He is an officer of the institution who oversees the operation of the prison chapel. He is not only the spiritual leader but also a counselor and adviser. Prisoners may be baptized or given other sacraments. Religious Volunteer Officers, or RVOs belonging to different church groups provide weekly religious activities ranging from bible studies, devotions, prayer meetings or praise and worship. With a predominantly Roman Catholic prison population, a Catholic Mass is a regular feature in spiritual activities of the prison communities. Restrictions, however, are imposed if, in the course of religious activities, security is compromised or a program is too expensive. http://www.bucor.gov.ph/programs/prog5.htm

1.3.2.4. Medical and Health Service Upon his initial commitment to the Reception and Diagnostic Center (RDC), the inmate‟s medical history is recorded and properly documented by the Medical Specialist. Medical information and mental status examinations are given to ascertain his overall physical / mental fitness and whether he would be fit for work. This forms part of the diagnostic process which will eventually determine the most appropriate rehabilitation program for the inmate. The principal medical care of inmates is provided through a 500-bed capacity hospital at the New Bilibid Prisons and at six (6) other mini-hospitals or clinics in the six (6) other prison and penal farms. All correctional facilities have a full and competent staff of medical practitioners in charge of clinics, infirmaries and hospitals. These centers are capable of minor surgical operations, laboratory examinations, radiology, psychiatric, rehabilitation and dental treatment. Other government and private hospitals are also tapped in the implementation of standards pertaining to nutrition and protective health services for the prison community. Medical services also include a wide range of counseling techniques and therapy programs which address the psychological problems of inmates, including suicidal thoughts and feelings of rejection which may lead to disruption of peace and order within the prison compounds. When an inmate‟s ailment is beyond the competence of the in-house medical doctors, the inmate is referred to a government hospital in accordance with prison rules and under proper security escorts.

1.3.2.5. Counseling and Case Work/Therapeutic Community The Therapeutic Community (TC) Program represents an effective, highly structured environment with defined boundaries, both moral and ethical. The primary goal is to foster personal growth. This is accomplished by re-shaping an individual‟s behavior and attitudes through the inmates‟ community working together to help themselves and each other, restoring self confidence, and preparing them for their re-integration into their families and friends as productive members of the community. Patterned after Daytop TC, New York which is the base of the Therapeutic Community movement in the world, the BuCor TC program was adopted as part of the Bureau's holistic approach towards inmate rehabilitation. It is implemented primarily but not limited to drug dependents. The TC approaches have been continuously proven worldwide as an effective treatment and rehabilitation modality among drug dependents, and have been noted to be effective in many prisons. By immersing a drug offender in the TC environment, he learns why he had developed his destructive habits, which led him to substance abuse. The program modifies negative behavior and or attitudes while restoring self confidence, and prepare inmates for their re-integration into their families and friends as productive members of the community. This behavioral modification program gradually re-shapes or restructures the inmate within a family-like environment, wherein every member acts as his brother‟s keeper. As TC family members go on with their daily activities, a strong sense of responsibility and concern for each other‟s welfare are developed. They are constantly being monitored for their progress and are regularly being evaluated by the TC-trained staff. The TC process allows for genuine introspection, cultivation of self-worth and positive rationalization that move the individual towards assuming a greater sense of personal and moral responsibility.

The effort of the Bureau of Corrections to rehabilitate Drug dependents under its care using the TC approach is in line with its commitment to create a Drug-Free Prison. Worldwide developments in the treatment and rehabilitation of drug offenders using this therapeutic community approach have been noted to be effective in many prisons. http://www.bucor.gov.ph/programs/prog6.htm

1.3.2.6. Recreation and Sports The inmates enjoy sunrise by participating in daily calisthenics. There are various indoor and outdoor sports activities, programs, tournaments and leagues all year round, to include basketball, volleyball, billiards, table tennis and chess. These sports competitions promote camaraderie among inmates, good sportsmanship and team-building. The latest addition is the newly constructed indoor sports center/gymnasium at the Maximum Security Compound which boasts of competition-standard flooring, sound system, locker rooms and bleachers. All prison and penal farms have adequate recreational facilities for inmates, both for outdoor and indoor sports. Mini-bodybuilding gyms are available in most prison facilities, including the Muntinlupa Juvenile Training Center and the Therapeutic Community Center for inmates with drug cases. For music lovers and musically-inclined inmates, numerous "videoke" centers are available. Musical instruments are available for practice or for use in variety shows.

1.3.4. Rights of Inmates The State is under obligations to respect, protect, and fulfill human rights. The Philippines is a State Party to many, if not most, of the international human rights instruments. These include the following which are related to the rights of prisoners and inmates: • Body of Principles for the Protection of all Persons under any Form of Detention or Imprisonment (1988) • Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1975) • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987) • Standard Minimum Rules for the Treatment of Prisoners Some of these rights are already embodied in the Bill of Rights of the Constitution (Article III) and in several national laws, rules and regulations and local government ordinances, and resolutions. Most rights on access to justice require core compliance(conduct now) while many of those pertaining to prison conditions may be achieved over time (progressively).

Except for those limitations necessitated by the fact of incarceration, prisoners and detainees retain the human rights and fundamental freedoms set out in national and international human rights instruments. These rights include the following: • Right to be treated in a humane manner;

• Right to fair trial with adequate and free legal assistance; • Right to be protected from cruel, inhumane, degrading treatment and punishment, including sexual violence and other forms of torture; • Right to be kept in official government civilian prisons and to be protected from being imprisoned in unofficial places of detention or in military custody; • Right to appear in public before a legally-constituted court within a short time after their arrest; • Right to fair and humane treatment which enables the maintenance of self respect; • Right to a prison program which enhances their social and intellectual abilities; • Right to separate living arrangements in prison in accordance with the categories of gender, age, and reasons for imprisonment; •Right to be held separately from convicted prisoners; • Right to be segregated from other prisoners (for political prisoners); • Right to communicate with their families and to maintain familial relationships; and • Right to free legal assistance.

http://apjr.judiciary.gov.ph/pubreports/Survey%20of%20Inmates%20Final%20Report.pdf

1.3.5. Treatment of Special Needs or Unusual Offenders • Prisoners with mental health care needs comprise a particularly vulnerable group in prisons and have a complex set of needs relating to the protection of their human rights, including provision of appropriate mental health care. • The special needs of prisoners with disabilities naturally depend on the nature of their disability, though there are some key concerns that are common to all. • Ethnic and racial minorities and indigenous peoples comprise a vulnerable group in the criminal justice system and have special needs based on culture, traditions, religion, language and ethnicity, which prison systems often fail to address. Some of the needs are common to all. Others vary depending on the culture and background of the prisoner. • There are three main categories of foreign prisoners. The first category is made up of those who have travelled from one country to another with the specific aim of committing an offence, such as drug smuggling or trafficking in human beings. The second category comprises long-term residents in a country, who may even have been born there, but who have not been granted citizenship for various reasons. The third category is made up of those who are staying legally in the country of residence for a short period (e.g. as migrant workers) who commit an offence. In practice there is also a fourth category in some countries where illegal immigration is a criminal offence and illegal immigrants can be convicted and imprisoned alongside prisoners convicted of internationally recognized criminal offences.

• The main and most important need of Lesbian gay, bisexual and transgender (LGBT) prisoners are protection from sexual abuse and rape, generally perpetrated by other prisoners. Myths persist in many prison systems about “predatory homosexuals”, implying that people with a same-sex sexual orientation are themselves the perpetrators of sexual abuse and rape. This is a misconception. LGBT prisoners are much more likely to be victims of sexual assault and rape than they are to be perpetrators of such acts. In prison settings it is common for men who never would have engaged in sexual contact with other men prior to imprisonment to end up in a nonconsensual sexual relationships with men. Since prisoner-on-prisoner rape in such cases involves persons of the same sex, its perpetrators are unthinkingly labelled as homosexuals. In fact, the majority of prison rapists see themselves as heterosexual and the victim as substituting for a woman. Such relationships do not only involve sex. They include the forced submission of a person perceived to be weaker by an aggressor, often to prove and strengthen a male hierarchical position in the prison subculture. Victims may be given women‟s names, which may then be used by other prisoners, as well as prison staff. They may be forced into submissive roles, required to do the cleaning and other menial tasks for their aggressors. While all men perceived to be weaker, and particularly those who are weaker physically, may be subjected to such violence and humiliation, LGBT person are highly overrepresented as victims of such sexual crimes.

• Older people are more diverse than others and have different needs, depending on their socioeconomic and health backgrounds. It has been noted that “in general older people are more heterogeneous than any age group. This places an additional burden on prison systems because more attention to individualized assessment, programming, planning and monitoring is required”. In addition to their differences, arising from age and background, there are also significant differences in older prisoners‟ crime history and consequent adjustment to prison life and prospects for resettlement on release. Therefore it is critical that prison authorities do not generalize the needs of olde prisoners and stereotype them. • All patients with terminal illness, whether in prison or not, have special medical needs related to their disease, as well as psychological and spiritual support needs related to the prospect of impending death. Such needs are intensified in the isolating environment of prisons, where the requisite medical and psychological care is most often lacking. http://www.unodc.org/documents/justice-and-prison-reform/Prisoners-with-special-needs.pdf

SPECIAL PROGRAMS

ALCOHOL AND OTHER DRUGS The district operates substance abuse education groups for offenders. Both field services and residential offenders are eligible and the offenders are charged a fee for the program. Alcohol and Other Drugs is a cognitive program for offenders who are assessed to be at risk for re-offending because of alcohol or other drug use. It introduces participants to topics related to skillful

rational decision making and to evaluating the degree to which AOD use prevents them from fulfilling their aspirations

COMMUNITY SERVICE This provides assistance to offenders who have been assigned to perform unpaid community service as a part of their sentence. In addition, residential facility offenders perform community service in those local areas.

Conflict resolution This course assists offenders in understanding the nature of conflict as it relates to criminal behavior, personal relationships, personal conflict styles, and personality types. In addition, offenders develop specific communication skills to resolve conflict in their daily lives based on an interest rather than a power-based model of negotiation.

DRUG/ALCOHOL TESTING Working with drug and alcohol-free offenders is an important aspect of the Department's programs. The district conducts urinalysis testing on many offenders on a regular basis. The district contracts for laboratory confirmation testing on cases where violations are found. The district also has on-site alcohol testing equipment available and conducts frequent tests on suspected alcohol abusers who have been prohibited from its use.

INTERPERSONAL SKILLS Participants develop skills in making decisions, dealing with group pressures, accepting no, saying no, and using control.

REASONING SKILLS Offenders are introduced to topics related to making decisions skillfully and free from irrational biases. There are three versions of Reasoning Skills: a classroom version, a paper workbook version and a computerized version

SEX OFFENDER TREATMENT This provides sex offender treatment programs. The programs involve assessment, evaluation, polygraph examination, plethysmograph examination, professional counseling, perpetrator treatment

groups (active and maintenance), partner and spouse groups, and intensive supervision of sex offenders either within residential facilities.

SOCIAL THINKING SKILLS A cognitive based class consisting of concepts such as taking control of one‟s own behavior, stopping and thinking prior to acting, first impulse control, and setting goals.

VICTIM SERVICES / RESTORATIVE JUSTICE PROGRAM This provides restorative justice services such as victim notification, the facilitation of community accountability boards, victim-offender intervention sessions, family reunification meetings, victim impact panels, victim restitution assistance, victim advocacy within the criminal justice system, and victim impact classes. http://www.8thjdcbc.com/Downloads/Overview%20of%20Services.doc

1.4. Institutional Custody, Security and Control of Inmates , Emergency Plans, Movements and Transfer of Inmates. 1.4.1 Custody, Security and Control of Prisoners 1.4.1.1 Security and Control of Prisoners Sec.1 Concept: The overall concept of jail security operations encompasses both prevention and rehabilitation. These two efforts are inseparable and neither can be accomplished without the other. Jail security is necessary to safeguard the lives of people residing within the vicinity, those managing the jails and inmates whose lives are to be rehabilitated to become constructive members of the society. Sec.2 .Security and control 1. Maintain strict control of firearms. Never permit any firearm inside the jail except in some where firearms are authorized. 2. Maintain 24 hour supervision of offenders. 3. Maintain a system at key control which shall include an accurate receipting for them. Never permit the inmates to handle keys or to study them.

listing of all keys and of

4. Secure firearm and anti-riot equipment in the armoury where they shall be within easy reach of the jail guard and yet afford maximum security against access by inmates. 5. Supervise the proper use of tools and other potentially dangerous articles such as bottles, acids, kitchen knives, etc., and keep them out of the inmate‟s reach when not in use.

6. Conduct regular inmate‟s count at least four times within the 24 hour a day- period. Establish procedures which shall or will ensure beyond doubt, that every offender is physically present or accounted for every count. 7. Conduct frequent surprise searches of inmates and their quarters to detect contrabands. 8. Conduct frequent Inspections of security facilities to detect tampering or defects. 9. Guard against escapes, assaults on jail personnel and offenders disturbances. 10. Develop plans dealing with emergencies like escapes ,fires ,assaults and riots. make plans known and understood by jail personnel. 11. Never allow a jail guard to open the offender‟s or inmate‟s quarters alone.at least another guard should be present. 12. Select carefully the inmates to be assigned as orderly or aide and maintain rigid control over their task or activities. No inmate should be allowed to assume any of the authority which belongs to the jail staff or shall any inmate be allowed to exercise authority supervision and control over other inmates. 1.4.1.2 Duties of Custodial Force Sec.3 Duties and Custodial force 1.To supervise and maintain order and discipline of inmates in housing units, those assembled for religious services, entertainment and athletics, during meals, classes, work details, bath and visits. 2.To censor inmate‟s mail or letters. 3. To inspect security deceits. 4.To maintain inner and outer perimeter security. 5.To escort inmates to courts, other authorized places of confinement and hospitals in cases of emergencies. 6.To escort visitors within the jail the jail guard sees. 7.To ensure custody and safety of those confined in jail. 8.To report any infringement of rules and regulations to proper authorities. 9.To inform the Warden of any emergency case. 10.To keep and maintain records of the inmates. 11.To perform such other duties as may be assigned by competent authority.

1.4.2.3 Inmates Counts Sec.4. Inmate‟s count of inmates

It is a part of the institutional procedure that at specified times during each 24 hour period, all inmates are physically counted, for this type of count, the general procedures are: a. Each inmate is counted physically at specified times. b. During the count, all movements of inmates shall cease until the count is completed. c. The count must be accurate. A positive verification must be made that the inmates are physically present. d. Report of each count of a group of inmates is made to the Warden and/or Deputy Warden. e. If the total jail count does not totally, with the total jail population at any given time, another count shall be made.an immediate report shall be rendered to the Warden and/or Deputy Warden for any unaccounted inmate.

1.4.2. Security Procedures 1.4.2.1. During Meal Service Sec . 5. Security Procedures during meal services Security must considered in the serving of food inside the cells/quarters. A jailer should not enter the quarters of the inmates to distribute food unless another officer is available to handle the key and control the entrance door. When feeding is to be accomplished with only one officer on duty ,it is essential that food shall be served without unlocking the door if there is danger of being over powered by the inmate. If not, the door may be opened but he must be on the alert always.

1.4.2.2.Dining room security Sec.6.Dining room security a. As a general precaution, individual mess utensils of inmates shall be made of plastics. b. When dining rooms are provided, the inmates should be marched in column (lock step) of two‟s as long designated routes under the supervision of one or two jail personnel. Other personnel/officials may be stationed along the route to direct the orderly movement of inmates to and from the mess hall. There must be roving supervisor to handle occasional disturbances or settle complaints. c.

After meals, all utensils used by the inmate should be collected. This should be strictly supervised by jail personnel to be sure that no utensils are brought out of the dining room. d. Forks, spoons, and other kitchen utensils should be checked and accounted for after every meal.

1.4.2.3. Mail Censorship Sec . 7. Mail Censorship To give the inmate a respite from the strain of prison life, he should be encouraged to maintain wholesome contact with friends and relatives through correspondence. A mere personnel source of knowledge about happenings in the outside world will tone down the depressive mood that develops when one is shut off from the outside world. However, the privilege of sending and receiving mail extended to inmates should be properly supervised and

handled to obviate the possibility of smuggling contrabands and using this medium as a means to illicit communications. The following procedures should be strictly observed when censoring mails: a. Mail shall be secured until such time that the censors are ready to examine it. b. The inmates mail shall be opened and searched only by qualified. Trained and authorized jail personnel. c. Letters containing currency, checks or money should be marked with the amount enclosed and deposited with the trust officer/property custodian. The receiving officer should list down the amount received on a receipt form of duplicate. The original receipt signed by the receiving officer should be given to the inmate for his information. d. All greetings cards should be carefully examined and fillers of any kind found there in should be collected for laboratory examination. e. Photograph clearly within the scope of the jail regulation should be marked on the reversed side and placed in the enveloped. f. Any item or correspondence or enclosure that does not conform with the regulation or are detrimental to security order and discipline of the jail should be brought to the attention of the jail warden. g. In censoring of mails, prison slang, unusual nickname and sentences with double meaning should be carefully studied and analysed to determine their real meaning. h. All letters containing statements concerning the security or reputation of the jail like attempt to escape, smuggling/ trafficking of contrabands and statement that may affect the rules and policies .etc., shall e forwarded to the Officer-in-charge of mail censorship. I. All letters passed by censors should bear the censor‟s stamp at the top of each page and on the envelope. The letter should be placed back in the same envelope and resealed. j. A listing of mail offender‟s or inmate‟s should be properly posted in a conspicuous place. This will also form part of the records of the jail. k. If the inmate fails to claim the letter within 24 hours after it has been posted, the mail should be delivered to him. l. Contents of inmate‟s mail should not be discussed with other jail personnel except for official purposes. m. All outgoing mail shall pass through the normal mail facility of the jail subject to the usual censorship. 1.4.2.4 Fire Prevention Sec . 8. Fire Prevention rules Fires do not only cause financial losses but also the loss of lives and property. To prevent occurrences of fires on the jails and minimize its effect if such occur, the ff., rules should be followed:

a. Inmates should be kept aware of the hazards caused by the careless handling of cigars, inflammable materials, fuel, welding equipment, etc. b. Fire extinguishers should be placed in closed proximity to all housing units and located in strategic places in buildings and work areas. c. Empty drums and cans should be filled with water and some with sand placed in strategic place for ready use. d. Keys to all emergency exits, cells, brigades and storage places of fire-fighting equipment should be made available. Such keys should have tags, marked distinctly to avoid confusion during emergencies. e. Portable floodlights should be available in the Control Center for night fires. f. Government equipment should be marked priority tags or symbols to determine which should be first for evacuation during an emergency.

1.4.3. Emergency Plans Emergency plans for fires or conflagrations, riots or violent disturbances, jailbreaks and other should be formulated to suit the physical structure and other factors peculiar to the individual jail Hence, herewith we suggested steps or activities, which may considered for warden‟s planning. Fire plan and the like should become a part of the operational plans which every jail is expected to maintain in the office files, it is must that each participant must know his particular role. 1.4.3.1. In case of fire or conflagration A. Plans in Case of Fires or Conflagrations 1. Fire crew , consisting of jail personnel and officers chosen according to the degree of custody, intelligence, interest and training , should be formed and trained to man the fire –fighting truck and to be made available at all times. 2. The inmates we are selected should be separately housed in close proximity to the fire truck and other equipment. They should be issued special uniforms different from the ordinary inmates so that they may be checked and identified easily if it becomes necessary to go outside the main compound. 3. At the first sign of fire , the Contol Center shall immediately sound a prearranged alarm either by siren, bell, or any means available . At the same time it should notify the fire department, police headquarters and other units that may help in putting out fire and/or evacuation of inmates. 4. The Desk Officer or the person in charge or the keys to the storage for fighting equipment , emergency gates and gates of different cells / brigades , should distribute the keys to the responsible personnel. 5. All Offenders in the affected areas shall be required to help in putting the fire , using after and sand in the drums and cans , the fire-fighting equipment , fire extinguishers and such other things available to put out the fire. 6. The fire crew shall immediately respond to the scene to put out the fire while the other jail personnel shall station themselves according to the PLAN.

7. If there is a necessity to evacuate government records , supplies and equipment , they should be evacuated to a safe place according to priority and under proper guard. 8. If it is necessary to evacuate the jail population , they should be evacuated in an orderly manner , using the closed vans and other vehicles or by other means , to pre –arranged buildings or detention centers for , their safe and temporary confinement under strict security. 9. When the all-clear alarms has been sounded , first aid shall be administered to the injured and an institution – wide count of inmates should be made . Security check of the institution shall immediately follow. 10. If the offenders were evacuated and the jail is still intact , they should be returned to the institution and continue normal jail activities. 11. Thorough investigation relative thereto should thereafter be conducted and reported thereon submitted to the Provincial Jail Administrator and copy furnished the Assistant Regional Director , the Chief , the Jail Bureau and the Station or sub-station‟ 1.4.3.2. During Riots and Violent Disturbances B. Plan for Riots and Violent Disturbances 1. At the sound of the first pre-arranged alarm , all inmates must be locked up in their respective cells/quarters . Inmates work crew should be brought immediately into designed areas by custodians for accounting and subsequently locked after a head count. 2. If the disturbance occur during visiting period , all visitors should be immediately ushered out of the visiting premises to the most secured portion at the jail jail previously pre-determined for this purpose . They should not be permitted to get out of the premises until proper accounting of offenders or inmates shall have been made. 3. Simultaneously, all members of the security group out on post shall immediately report to the Desk Officer and shall make themselves available for emergency deployment . All critical post shall be covered according to the to the PLAN to prevent escapes . Do not push in to the scene . The most senior officer present shall automatically take command of the force and make assessment of the situation. 4. The Control Center shall take into consideration the readiness of all communication lines for emergency cells to the outside .At the moment , the operator should not entertain incoming calls except purely official calls. 5. The Desk Officer or the Armorer should make immediate preparation for the issuance of the necessary anti-riot equipment and firearms . 6. On his judgement and proper assessment of the prevailing condition , the Officer in command may cause the division of the available force into three groups as follows: st a. 1 group - to compose the initial wave of anti-riot assault contingent whose main objective shall be disperse the rioters and get their leaders and shall be armed with wicker shields , protective headgears , gas masks and night sticks or batons , when these are available. nd b. 2 group – to serve as back-up force to support the first group and for this purpose shall be equipped with tear gas , guns and gas grenades. rd c. 3 group –to be composed of the guards trained on proper handling and use of fire arms who shall be ready to fire when the lives of the guard s are in peril on orders of the Officer in command. 7. When everything is ready , the Officer in command shall , with the use of megaphone or microphone or any public address system , direct the offenders to cease and desist , return to

their respective cells or face the consequences of their acts . The known leaders should be called by their names and asked to stop the rioting or disturbance. 8. The second alarm shall be sounded when all efforts of the Officer in command had failed . by this time , all guards shall be prepared for the assault . The first group shall now enter the compound followed by the second group at a discreet disturbance . the third group shall be in strategic position , ready to fire if and when the lives of the guards are in danger. 9. The first group shall be tasked with quelling the riot and getting the leaders of the rioting group and if they meet stiff resistance should withdraw on orders of their leaders. 10. The second group shall not use riot control gases except on orders of the Officer in command . Gas should be issued in such quantity to have desired effects . When the area is saturated with gas , the first group with gas masks shall attack using their batons to force the rioters back into their cells and get the leaders . Use of pressurized water from the fire truck may be resorted to . 11. By instructions of the Officer in command , initial alarm shall be relayed to the Superintendent , Station or Sub-station Commander and/or the nearest police Station or unit giving assistance to quell such disturbance in the jail. 12. When conditions become critical and the disturbance has richer full scale, the Officer in command shall cause the sounding of the third alarm . At this instance. Control Center shall notify all nearby Police agencies for assistance and then all other plans in connection with jail uprisings shall be executed . Nearby hospitals shall also be notified if the situation demands. 13.As a last resort to prevent jail mass jail break or serious assault upon members of the custodial forces , the selected mark‟s man of the third group maybe ordered to fire by the officer in charge , only after due warning shots . here again , reasonable caution to insure the safety of the individuals is imperative . The order to fire should be given only as a last resort , not necesssarily to kill but only to main at designated targets and to innocent bystanders, a fellow or some other employees. 14. Finally, after any such incident the following steps should be undertaken: a. b. c. d. e.

Administer first aid to the injured. Have head count made. Segregate ring leaders and agitators. Check security of the institution. Conduct a thorough investigation of the incident and prosecute those who have violated the laws, rules and regulations. f. Repair damages. g. Adopt effective measures to prevent repetition of similar incidents. h. Submit reports to the Provincial Jail Administrator and copy furnished Assistant Regional Director, Central Office of the Jail Bureau , and the Station and Sub-station Commander.

1.4.3.3 In Case of Escapes of Jailbreaks C .Plans for escapes or Jailbreaks 1. The control shall immediately sound the alarm and the warden or Desk Officer should be notified.

2. At first sound of the alarm , all prisoners or inmates shall be locked in their respective cells while those in work detail should be marched in orderly manner back to their cells. 3. All jail personnel , custodial or non-custodial shall make themselves available for emergency deployment with the exception of those previously assigned. The Desk Officer or the armorer shall issue firearms to members of the custodial force who shall be immediately dispatched to strategic posts according to the PLAN. 4. Personnel assigned to essential maintenance posts such as power house , kitchen, hospitals, fire station , etc., take their accounting at the time of the emergency alarm and report thereon submitted to the Control Center. 5. A simultaneously institution –wide-count shall be made to the number of offenders who escaped and their identities. 6. As soon as the identities of the escapees shall have been established, their names and other personal circumstances shall be immediately flashed to all units of the province , district, station or sub-station and all nearby police stations shall be notified. 7. Radio and TV stations other news media shall be notified and if possible , furnished with the escapees photographs for possible publication and flashing over the TV screen. 8. Recovery teams shall be ordered to proceed to all known lairs , hang-outs, residences and houses of immediate relatives and friends for the immediate recapture of the escapees. 9. In case of mass jailbreak, all members of the custodial force shall be immediately issued firearms and assigned to critical posts to block the escapes routes while the pursuing teams should get out of the jail premises to recapture the escapees . The rest of the jail personnel , and the custodial force who are off-duty shall be contacted by phone or through tastes means available to require them to report for duty immediately. 10. If an officer or any member is held hostage, reasonable caution should be taken to ensure his/ her safety. 11. If the Warden is held hostage for all intents and purposes , he ceases to exercise authority and the next in command or the most senior officer shall take over.( He must be present during the incident.) 12. If there are no hostages and the inmates are still inside the jail compound and continue to defy orders given by the Warden or the Officer in charge, procedures shall be activated immediately . 13. Maximum force shall be deployed for escapees found holding on area to pressure them to surrender and avert their movements. 14. An investigation shall be conducted to determine any flaws in the security plan for possible correction to be submitted to the Assistant Director, copy furnished the Central Office of the Jail Bureau , the Station or Sub-station Commander.

D. Plans for other Emergency If facilities and personnel requirements are available, a jail shall have emergency plans in cases of power failure and natural disasters such as floods, earthquakes and other calamities . The plans shall cover the specific roles of jail personnel present, alarm system used emergency power units to be utilized , kinds of security to be provided and such other measures as are necessary to ensure the safety and security of jail personnel and offenders . The plans shall also include detailed procedures for the evacuation of prisoners in cases of floods , earthquakes and other calamities, if such evacuation is necessary.

1.4.4 MOVEMENT AND TRANSFER OF INMATES 1.4.4.1 When May An Inmate Be Brought To Jail philstar nation 2012 835583 leyte inmates moved capiz camp MANILA, Philippines - A military camp in Capiz is now home to 50 minimum security inmates as they near the completion of their sentence. The Army and the Bureau of Corrections (BuCor) on Monday signed an agreement that would allow the inmates to stay in Camp Peralta, the third largest military installation in the country. The transfer of inmates from the Letye Regional Prison was made owing to President Aquino‟s goal to decongest the inmates at BuCor, an attached agency of the Justice department. The agreement was signed by Lt. Col. AnianoOrap-Orap Jr., camp commander of the 3rd Infantry Division and BuCor Insp. DaniloRufloe, who represented Supt. Robert Rabo. “We will look at you even as we know your status, with some of you to be freed within a few years, now part of the 3rd Infantry Division,” said Maj. Gen. Jose Mabanta Jr., commander of the Army‟s 3rd Division. Mabanta said the presence of inmates inside their camp would not pose a security threat to their troops. “They (will finish their sentence) after two years, some after three years and these people were chosen on the basis of their discipline,” he said. Maj. Enrico Ileto, spokesman of the Army‟s 3rd division, said the inmates would still be supervised by BuCor personnel even if they are inside the camp. The inmates will help maintain the cleanliness of Camp Peralta before they complete their sentence. "We welcome the BuCor inmates in their transition to a life outside the prison. Their presence will also boost our manpower. Soldiers who usually do the maintenance [works] can now [focus on] equally and more important tasks to fulfill our mandate,” Mabanta said. Section 3, Chapter 5, part II of the BuCor operating manual allows the "transfer of inmates to a stockade of the Armed Forces of the Philippines." Mabanta said the military camps of the Tanay-based 2nd Infantry Division and the 7th Infantry Division in Nueva Ecija also host inmates.

“They (prisoners) will be fully used considering these are actually inmates full of talents. They have skills. Some are carpenters, masons, furniture makers, wood carvers,” he said. http://www.philstar.com/breaking-news/2012/08/06/835530/leyte-jail-inmates-move-capiz-military-camp

1.4.4.2 Rules for the Transfer of Inmates General Transfer Process 16. Every movement between institutions requires a transfer warrant, with the exception of: a. a temporary placement at another institution which is governed by a Memorandum of Understanding; b. a transfer from a section 81 Healing Lodge to a federal facility which may be processed with a letter of withdrawal of support. However, a transfer warrant must follow as soon as possible; c.

a movement within a multi-level institution, as a result of a change in security classification, where the decision does not result in a transfer to another institution; and

d. following the capture of an offender who had escaped or who was unlawfully at large. 17. For a movement between institutions for segregation purposes where there is no existing Memorandum of Understanding, a transfer warrant is required but not an Assessment for Decision. 18. Delegation of authority regarding the transfer decision, timeframes for transfer decision and inmate's notification are outlined in Annex B. 19. The inmate has the right to contact by telephone, without delay as per section 97 of the CCRR, his/her lawyer or an individual identified on his/her authorized call list, to advise the lawyer/individual of his/her transfer to another institution. If the inmate is incapable of making the call, staff will facilitate the request. 20. The sending institution will ensure that, prior to a transfer, the following documentation is translated in the majority official language of the receiving institution: a. the Case Documentation Checklist; b. the Assessment for Decision and the Offender Intake Assessment reports; c.

the police report(s) for all current offences;

d. the Post-Sentence Community Assessment Report; e. the Criminal Profile Report; f.

the most recent Correctional Plan;

g. the sentence calculation; h. relevant security intelligence information; i.

the most recent psychological report and/or mental health assessment;

j.

the Health Services Transfer Summary (CSC/SCC 0377-01);

k.

the Fingerprint System Summary (FPS); and

l.

all trial related reports and documentation.

21. For inter-regional transfers, the Regional Victim Services Manager will ensure that all victim files for the offender are transferred to the Victim Services Unit in the receiving region and that translation of documents (per victim services protocol on inter-regional transfers) is completed prior to the transfer. 22. Where time does not permit to translate the documents before the transfer, as in the case of an emergency transfer, translation will be completed immediately following the transfer by the sending institution. 23. Inmates will normally not be transferred within two months prior to a scheduled hearing by the Parole Board of Canada. If a transfer is unavoidable, the sending institution will immediately notify the PBC of the transfer and maintain responsibility for the casework in relation to the PBC hearing. 24. The inmate will be interviewed within 24 hours of arrival at the receiving institution to complete the immediate needs assessment as outlined in CD 705-3 - Immediate Needs Identification and Admission Interviews. 25. Transfers under Exchange of Service Agreements with provinces and territories, or under section 81 agreements with Aboriginal communities, will be managed as per the provisions of the respective agreement, or the decision making authority as per Annex B. Co-Convicted Inmates 26. Co-convicted inmates under current sentence for an offence resulting in serious harm or death and whose association or influence on each other may be detrimental to the rehabilitation and safe reintegration of one or more inmates, or to the safety and security of the institution, will: a. not be accommodated in the same cell; and b. whenever possible, will not be accommodated on the same range, unit, or in the same institution. Suicide and Self-Injury Considerations 27. Inmates on high or modified suicide watch will not be transferred to an institution other than a treatment facility unless the attending mental health professional deems the transfer would reduce the risk. (Refer to CD 843 - Management of Inmate Self-Injurious and Suicidal Behaviour.) 28. An exception applies to an inmate in a minimum security institution who requires high or modified suicide watch or mental health monitoring. If this cannot be facilitated at the parent institution, the inmate will be transferred to an appropriate institution. 29. In the case of an inmate who is identified as requiring high or modified suicide watch, the transfer will not be effected until: a. a case conference/teleconference is held between the mental health teams of the sending and receiving facilities and is documented; and b. the receiving facility completes an interim management plan for the inmate. This will be completed as soon as reasonably possible, but within seven days of the case conference. 30. In the case of an inmate who is identified as requiring a suicide watch observation level, a transfer from a community mental health facility will not be effected until:

a. a case conference/teleconference is held between the mental health teams of the sending and receiving facilities to discuss the Discharge Plan and this is documented by the receiving facility; and b. the receiving facility completes an interim management plan for the inmate. This will be completed as soon as reasonably possible, but within seven days of the case conference. 31. An exception regarding the completion of an interim management plan may be made in the event of an emergency transfer. A case conference/teleconference between the sending and receiving facilities must occur prior to the transfer to ensure exchange of information. 32. Upon transfer, the receiving institution completes all relevant screenings and assessments relating to suicide and self-injury, as per CD 843 - Management of Inmate Self-Injurious and Suicidal Behaviour. Voluntary Transfers 33. The Parole Officer/Primary Worker will: a. review and discuss the transfer application with the inmate and, if necessary, with other members of the Case Management Team focusing on how the proposed transfer meets the objectives of the Correctional Plan; b. consult with the receiving institution to discuss the appropriateness of all intra-regional transfers; c.

where applicable, update the Correctional Plan in consultation with the inmate and complete the Assessment for Decision as per Annex C within 30 days, or where a Community Assessment is required, as soon as possible upon reception of the Community Assessment;

d. request and/or complete a Community Assessment, if required; and e. notify the inmate of the final transfer decision and associated reasons as perAnnex B. 34. When the transfer is to provide the inmate access to his/her home community and family, a Community Assessment confirming support must be available. As per CD 715-3 - Community Assessments, the institutional Parole Officer/Primary Worker may update or confirm support of a previously completed Community Assessment by a telephone contact with the community resource. 35. If a transfer is denied, a review of any subsequent transfer application is not required more than once every six months, unless supported by the Case Management Team. Involuntary Transfers 36. As per section 12 of the CCRR, the Institutional Head or designate will: a. meet with the inmate prior to the transfer to explain the reasons for the transfer and, as per CD 701 - Information Sharing, provide him/her with: i.

the written involuntary transfer recommendation or letter of withdrawal of support from a section 81 Healing Lodge;

ii.

the Assessment for Decision;

iii.

any other information that will be used in the decision making process;

b. advise the inmate of his/her right to legal counsel without delay; and

c.

provide the inmate two working days to respond to the proposed transfer, in person or in writing. The Institutional Head can grant, within one working day of receiving the request, an extension of up to 10 working days. When the inmate responds in person, the response must be documented in a "Casework Record - Rebuttal".

37. The inmate's rebuttal, a copy of the most recent Correctional Plan Update (if required) and the Assessment for Decision will be forwarded to the appropriate decision maker as per Annex B. 38. In the event that the destination institution changes prior to transfer, a second notification will be provided and the inmate will be given the opportunity to provide a rebuttal (in writing or in person) to the recommendation. The transfer process is re-initiated and the timeframe is re-applied. 39. The inmate will be provided with a written notice of the final decision and the associated reasons via the CSC Board Review/Decision Sheet. 40. The CSC Board Review/Decision Sheet will be provided to the inmate: a. at least two days before the transfer, unless the inmate consents to a shorter period or waives the two-day period on the CSC Board Review/Decision Sheet, if the final decision is to transfer the inmate; or b. within five working days of the decision being made, if the decision is not to transfer the inmate. 41. When a change in the security classification of a woman inmate results in a movement to a different security level unit within the same institution, the involuntary transfer process as outlined in this section will be followed. Emergency Transfers 42. When an emergency transfer takes place, the inmate will be advised, in writing, of his/her right to legal counsel without delay. 43. The Institutional Head will notify the designated person at Regional Headquarters and the receiving institution prior to transferring an inmate or at the first possible opportunity thereafter. 44. A case conference between institutional staff will take place prior to the inmate's transfer or as soon as possible thereafter. 45. When the majority of the files are in an official language different from that of the receiving institution, the Institutional Head of the sending institution will ensure that the relevant health care and security information is communicated in advance in the language of the receiving institution, and document the sharing of information. 46. The Institutional Head of the sending institution will issue and sign the transfer warrant. When the inmate is being transferred from a section 81 Healing Lodge, the Director of the Healing Lodge will issue a letter of withdrawal of support. This letter will be used for the movement of the inmate and a transfer warrant will be issued as soon as possible. 47. The transfer warrant, the Health Care, Psychology and Preventive Security files will accompany the inmate. The remaining inmate files will be transmitted to the receiving institution the following working day. 48. The Institutional Head of the receiving institution or designate will:

a. meet with the inmate within two working days after the transfer to explain the reasons for the transfer and, as per CD 701 - Information Sharing, provide him/her with: i.

the written involuntary transfer recommendation or letter of withdrawal of support from a section 81 Healing Lodge;

ii.

the Assessment for Decision;

iii.

any other information that will be used in the decision making process;

b. provide the inmate two working days to respond to the proposed transfer, in person or in writing. The Institutional Head can grant, within one working day of receiving the request, an extension of up to 10 working days. When the inmate responds in person, the response must be documented in a "Casework Record - Rebuttal"; c.

advise the inmate of his/her right to legal counsel without delay; and

d. forward the inmate's response to the appropriate decision maker as per Annex B. 49. The inmate will be provided with a written notice of the final decision and the associated reasons via the CSC Board Review/Decision Sheet within five working days following the final decision. Inter-Regional Transfers 50. An inter-regional transfer will be considered in cases where such a transfer will assist the inmate in achieving the objectives identified in his/her Correctional Plan. 51. When the transfer is to provide the inmate access to his/her home community, an up-to-date Community Assessment confirming community support must be available. 52. To alleviate the segregated status of an inmate where all alternative options to segregation have been exhausted, including those cases that are within six months of their statutory release or warrant expiry date, regardless of whether or not there is confirmed community support in the receiving region, an interregional transfer will normally be approved. In such cases, the Assessment for Decision must provide a detailed account of the alternative options to segregation that were considered. 53. The Parole Officer/Primary Worker will advise an inmate applying for an inter-regional transfer that: a. although he/she may indicate a preference, the receiving region will determine the placement institution once the inter-regional transfer has been approved; and b. refusal or failure to integrate at the receiving institution may result in his/her transfer to another institution and/or region. 54. If the transfer is supported by the Institutional Head, the sending institution will inform the sending Regional Transfer Coordinator when the documentation is completed for his/her review. 55. The Regional Transfer Coordinator of the sending region will review the documentation and provide a recommendation to the decision maker as per Annex B. 56. If the application is denied by the sending institution or the sending region, the inmate will be informed in writing as per Annex B. 57. If the application is supported, the documentation will be forwarded to the receiving Regional Transfer Coordinator.

58. The Regional Transfer Coordinator of the receiving region will review the transfer documentation, assess the request, consult the proposed receiving institution, and provide the decision maker with a written recommendation. 59. When the receiving region proposes a transfer to an alternate institution, the region will request that the inmate submit a transfer application to the proposed institution. If the inmate disagrees with the proposed institution, the receiving region will make a decision. 60. When a decision is made, the Regional Transfer Coordinator of the receiving region will notify the Regional Transfer Coordinator of the sending region of the decision. The latter will in turn notify institutional staff, who will promptly notify the inmate as per Annex B. 61. Procedures for inter-regional and international transfers are outlined in Annex D. Transfers to the Special Handling Unit 62. The inmate's rebuttal to a decision to be transferred to the Special Handling Unit will be forwarded to the regional decision maker of the sending region. Transfers to and from a Section 81 Healing Lodge 63. Refer to GL 710-2-1 - CCRA Section 81: Admission and Transfer of Offenders. Transfers for Program Participation, Treatment or Assessment 64. These procedures do not apply to transfers to and from a section 81 facility or the Special Handling Unit. 65. For an intra-regional transfer, an Assessment for Decision is not required for: a. admission to beds designated under provincial mental health legislation at CSCRegional Treatment/Psychiatric Centres; b. program participation in an institution of the same security level; or c.

a return to a parent institution from a or b.

66. For the above-noted cases, a CSC Board Review/Decision will be completed by the Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy, and include the following: a. information from the Security Intelligence Officer; b. comments from the receiving institution; c.

recommendation from the Case Management Team consistent with the objectives identified in the Correctional Plan; and

d. the Executive Director/Institutional Head's final decision. 67. Prior to the transfer or admission to a treatment centre, the inmate will be informed that: a. upon completion of the treatment plan, the assessment or the provision of the required health services, he/she will be returned to the parent institution; and

b. failure to fully participate in programming may result in a discharge from the treatment centre and, under normal circumstances, the inmate will be voluntarily returned to the parent institution. 68. When the inmate does not want to return to the parent institution and has been at the receiving institution for less than 60 days, the parent institution is responsible for completing the casework. 69. Should the receiving institution, following consultation with the parent institution, make the decision to transfer the inmate to another institution than the parent institution, the procedures and timeframes associated with the type of transfer will apply. 70. When an inmate has been transferred to a treatment centre for assessment purposes and is being recommended for admission, the Executive Director or a designated staff member will: a. provide the inmate with written notice of the recommendation including the reasons for the recommendation. This information will be documented in a Memo to File; b. meet with the inmate to explain the reasons for the recommendation and provide him/her with an opportunity to respond to the recommendation in person or in writing. In cases where the inmate responds in person, his/her response must be documented in a Casework Record; c.

provide the inmate two working days to prepare a response to the proposed admission; and

d. advise the inmate of his/her right to legal counsel without delay. 71. Upon consideration of the inmate's rebuttal to the recommendation to admit him/her to a treatment centre, the Executive Director or the designated staff member will provide the inmate with a written notice of the final decision and rationale within two working days of the decision being rendered. 72. If an inmate has been certified or ordered under the relevant provincial mental health legislation, there must be a pre-requisite of discharge before a transfer can occur, which falls under the authority of the medical professionals. Interjurisdictional Transfers 73. Refer to CD 541 - Interjurisdictional Agreements for the applicable Exchange of Services Agreements and the procedures for a transfer to a provincial facility. Transfers for Judicial Review of Parole Ineligibility or for Attendance at Other Court Proceedings 74. An inmate eligible for judicial review of parole ineligibility will be voluntarily transferred for the purposes of the review hearing to an institution which is in close proximity to the jurisdiction where his/her hearing will be held. 75. The transfer will be initiated in accordance with the timeframes outlined in Annex Band just far enough in advance of the judicial review of parole ineligibility hearing to ensure proper preparation for his/her case with legal counsel. This will take into account the possibility that the inmate may already have engaged legal counsel prior to the anticipated transfer. 76. The procedures outlined for intra-regional and inter-regional transfers will apply to judicial review of parole ineligibility. 77. In the absence of a court order, and with the exception of cases at the Special Handling Unit, the Institutional Head may authorize the transfer of an inmate to another penitentiary or to a provincial

correctional facility where the transfer is necessary to facilitate the inmate's attendance at a court proceeding. 78. Depending on the length of time an inmate has been in an institution other than his/her parent institution due to court matters, the respective Institutional Heads will discuss the responsibility of case preparation and the necessity for transfer. Transfers of High Profile Inmates 79. If it is determined that the proposed transfer is likely to generate significant public interest, a High Profile Memo will be completed as per CD 701 - Information Sharing. PROCEDURES FOR TRANSFER FLIGHTS 80. Refer to Annex D for inter-regional and other transfer flights procedures. Referrence: http://www.csc-scc.gc.ca/text/plcy/cdshtm/710-2-cd-eng.shtml#s5a What factors can lead to an inmate being transferred? At an inmate‟s Annual Classification Committee, a review is conducted to determine whether the inmate continues to be appropriately housed at the institution. Based upon this review, an inmate may be recommended for transfer to another institution. Factors that can affect this are a drop or rise in the inmate‟s level, custody designation or at the inmates request for an in-level transfer to be closer to family, etc. At that time, the Classification Committee will evaluate the inmate‟s case factors and departmental bed availability to determine the appropriate available institution and recommend the inmate for endorsement and approval by a Classification Services Representative (CSR). Although family ties and hardship issues are one of the many case factors which can affect the inmate‟s endorsement, it is not the only deciding element (CCR 3379 Inmate Transfers). Can inmates be transferred close to family? The Department of Corrections and Rehabilitations (CDCR) recognizes the need for inmates to maintain family contact while incarcerated. Every effort is made to meet requests for placement closer to home and loved ones. To submit a hardship transfer request, send a letter to the attention of the inmate‟s appropriate Correctional Counselor at the institution to be placed in the inmate‟s Central File. If there is a need to include medical substantiation, it should be enclosed with the letter. Each inmate‟s case is reviewed at least annually to consider the appropriateness of the inmate‟s institutional placement, which includes significant factors such as: inmate classification score, time to serve, security, medical program needs and disciplinary history. It is important for inmates and their families to realize that availability of bed space, due to severe overcrowding of prisons and the overwhelming demand for placement in metropolitan areas, often is limited. Can an inmate be transferred out of state? The Public Safety and Offender Rehabilitation Act of 2007 (AB 900) clarified the authority of the California Department of Corrections and Rehabilitation (CDCR) to temporarily transfer inmates to private facilities in other states. Out of state correctional facilities must be contracted with CDCR and be able to provide housing, security, health care and rehabilitative programming services for CDCR inmates (CCR 3000). The California Out-of-State Correctional Facility (COCF) is a unit within the Division of Adult Institutions that oversees the transfer and supervision of inmates to out of state correctional facilities. To contact the COCF unit or for a list of out-of state correctional facilities contracted with the CDCR, click the following link: http://www.cdcr.ca.gov/Visitors/CA_Out_Of_State_Facilities.html

COCF transfers can be voluntarily or involuntarily. The inmate must meet the criteria for transfer, disciplinary history, security concerns, and other case factors are also considered when determining eligibility for a COCF transfer. All inmates transferred to a COCF program remain under the legal custody of the CDCR and shall be subject to the rules, rights and privileges of the CDCR in accordance with CCR Title 15, Section 3379. Can an inmate be released to come home for a funeral service? When a death in an inmate‟s immediate family occurs, there may be an opportunity for the inmate to attend the funeral if specific criteria are met. California statute permits the Director to authorize temporary release and removal of inmates from prison. The Director requires careful screening and control of such releases to avoid risk to the community. Institution, parole, and community correction center personnel shall approve temporary releases/removals only as permitted by these standards and procedures (DOM Sections62070.1 through 62070.15). Be sure to contact the institution as soon as possible. The review and approval process can be lengthy. If security coverage is provided the costs shall be incurred by the family. The release is temporary and the inmate will be returned to custody. What Other Types Of Transfers Are There? Interstate, Federal, and International Placements received from other jurisdictions SACCO (Sacramento Central Office) Cases The Western Interstate Corrections Compact (WICC) and the Interstate Corrections Compact Agreements enable the Department to transfer and exchange prisoners with other states. Inmates who agree to their placement in another state or federal institution or who are serving a concurrent term in another jurisdiction, shall be eligible to earn work credits as authorized under provisions of PC § 2933 (DOM 53130.13). Acceptance of Interstate Compact cases is predicated on the availability of resources within the receiving state, including family, employment, or financial independence. There are three ways to initiate a WICC or interstate transfer: 1) the sending State can provide the receiving state with an application for transfer of supervision, 2) an inmate may initiate a request by contacting his/her correctional counselor which can be processed at the same time the Release Program Study (RPS) is completed--210 calendar days prior to the inmate‟s release from prison; 3) a parolee may contact his/her Parole Agent and request to parole out of state. The parole agent shall ensure the offender has three months (90 days) or more or an indefinite period of parole supervision remaining prior to submitting a transfer packet (DOM 81060 to 81060.12.1) SACCO Cases A SACCO case is one of the following: 1) an inmate sentenced to serve a prison term in California, but is serving a concurrent/consecutive term in a facility in another jurisdiction; or 2) an inmate who served time in a county jail, was sentenced to serve a prison term in California, and was released before being transferred to an RC to undergo processing because the time served in county jail, was equal to, or exceeded the prison sentence at the time of sentencing. When an inmate is serving a sentence in another U.S. or Federal jurisdiction and he/she has a California sentence that runs concurrent or consecutive to that term, CDCR will monitor the California sentence while the inmate is serving time in the other prison. For additional information on WICC or SACCO cases refer to the following links: Title 15 link: Title 15, Division 3 Section 3000-3379

DOM link: http://www.cdcr.ca.gov/Regulations/Adult_Operations/DOM_TOC

1.4.5 INMATE DISCIPLINE 1.4.5.1 PROHIBITED ACTS SUBJECT TO DISCIPLINARY ACTION 68-140-511. Prohibited acts Disciplinary action. (a) Any person subject to regulation pursuant to this part may be subject to discipline or may be denied authorization for the following prohibited acts: (1) Violation or attempted violation or assisting in or abetting the violation of or conspiring to violate any of the following: (A) Any provision of this part; (B) Any rule or regulation of the board; (C) Any order issued pursuant to this part; (D) Any terms or conditions of an authorization; or (E) Any criminal statute of this state or the United States which involves moral turpitude or reflects upon the person's ability to fulfill such person's responsibilities under this part; (2) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors, narcotics, controlled substances or other drugs or stimulants in such manner as to adversely affect the delivery, performance or activities in the care of the patients requiring medical care; (3) Making false statements or representations, being guilty of fraud or deceit in obtaining authorization; (4) Making false or materially incorrect or inconsistent entries in any patient records or in the records of any ambulance service, health care facility, school, institution or other work place location; (5) Failure to report patient care which accurately reflects the evaluation and treatment of each patient; (6) Abandoning or neglecting a patient requiring emergency care, following assumption of duty; (7) Unauthorized use or removal of narcotics, drugs, supplies or equipment from any ambulance, health care facility, school, institution or other work place location; (8) Performing or attempting emergency care techniques or procedures without proper permission, license, certification, training, medical direction, or otherwise engaging in unethical practices or conduct; (9) Assigning persons to perform functions contrary to this part or rules and regulations of the board; (10) Failing to submit an application, required documentation, or fee by the established expiration date; (11) Permitting or allowing another person to use the licensed person's license or certificate for the purpose of practicing or impersonating an EMT or other certified or licensed health care provider; (12) Discriminating in rendering emergency care because of race, sex, creed, religion, national origin or ability to pay; (13) Gross malpractice or negligence, or a pattern of continued or repeated malpractice, ignorance, negligence or incompetence in the provision of emergency care; (14) Failure of the owner or provider of any ambulance or emergency medical service to ensure compliance by such service and its personnel with the provisions of this part and all regulations promulgated hereunder; or (15) Refusing to follow the medical orders of a licensed medical doctor or doctor of osteopathy on the scene if such physician: (A) Takes responsibility for the care of the patient; (B) (i) Either travels with the patient to the hospital; or (ii) Reaches an agreement with the base hospital physician that the patient has been stabilized and can be transported safely without the continued attendance of the physician; and (C) Signs the trip records of the ambulance service relative to the orders and treatment given on the scene and in transit, if applicable. (b) Disciplinary action against a person licensed to practice by another state of the United States for any acts or omissions which would constitute grounds for discipline of a person licensed in this state. A certified copy of the initial or final order or other equivalent document memorializing the disciplinary action from the disciplining state shall constitute prima facie evidence of a violation of this section, and shall be sufficient grounds upon which to deny, restrict, or condition licensure or renewal and/or otherwise discipline a licensee licensed in this state. (c) In disciplinary actions against individuals holding a license, certificate, permit, or authorization in this state at the time of a disciplinary action in another reporting state, in the absence of justifying evidence to the contrary, there shall be a rebuttable presumption that the sanction proposed in any such proceeding will be comparable to that in the reporting state. However, no such presumption shall exist for those who are applying for licensure, certification, permit, or authorization in this state during or after the time the

disciplinary action in the other state is pending or has become final. If the board denies, restricts, or conditions a licensure, certification, permit, or authorization based on a disciplinary action in another state, the applicant shall, upon written request, filed within thirty (30) days of the date of the action on the application, be entitled to a contested case hearing. [Acts 1983, ch. 440, § 13; 1990, ch. 932, § 1; T.C.A., § 68-39-511; Acts 1992, ch. 796, § 5; 2001, ch. 286, § 3.] Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. Reference: http://statutes.laws.com/tennessee/title-68/chapter-140/part-5/68-140-511 'Unique discipline' of inmates captivates De Lima Justice Secretary Leila De Lima lauded in her visit yesterday the “unique culture of discipline” at the Bulacan Provincial Jail (BPJ), and said she admired the provincial government‟s move to bring justice down to barangays. De Lima said the jail management at BPJ provides a safe and organized environment to more than 2,000 detainees through improvements on the inmates‟ welfare. According to the Provincial Civil Security and Jail Management Office, which runs the BPJ, one of its functions is to develop and implement a system for the provision of custodial and rehabilitative services for all inmates. “Among the prison institutions that I had visited, I saw a unique culture of discipline and cooperation inside the BPJ which promotes real reforms of the detainees,” said De Lima. One of the reforms implemented in the jail is the livelihood program that sends products of detainees abroad. Selected and skilled inmates earn P160-P240 for each buntal hat they finish through meticulous weaving. The locally made hat is famously known overseas as the Panama hat. Education is also a thrust among BPJ programs as 15 inmates had received certificates of completion for elementary and secondary levels under the Alternative Learning System and Livelihood Program ngKabanyuhay. They had finished trainings on production of accessories, yema balls, chocolate candy, banana chips, and pastillas de leche. During the kick-off ceremony of the 5 Pillars of Justice Month program yesterday at the Bulacan Capitol Gymnasium, De Lima also commended the move of Bulacan in dispensing legal assistance down to barangays in the province. “Humahangaakosainisyatibong LGU upangmabuksanangpapelng 5 Pillars sapagtugonsaproblemasakapaligiran. Justice and environment concerns are the pressing issues in the society, and it is very timely to create programs like this (I admire the initiative of local government units to integrate the role of the 5 Pillars in addressing environmental issues),” said De Lima. The 5 Pillars are composed of the offices of the prosecutor headed by Fiscal Alfredo Geronimo; Philippine National Police with PS/Supt. Fernando Mendez Jr.; the Regional Trial Court with Judge Renato Francisco; and the Probation and Parole Office composed of CPPO TeresitaMascuñana, CPPO Cezar Lopez Jr., and CPPO Ramon De Leon. The justice secretary also thanked Alfredo Mendiola, currently detained in BPJ, for his cooperation in the investigation against a carnapping syndicate in Bulacan. Mendiola said he felt safer in BPJ than in any other detaining facility. He is the state witness on the Lozano-Evangelista murder case which involves the Dominguez brothers in the carnapping. The 5 Pillars of the Justice Month will bring livelihood and training seminars for the families of the BPJ‟s detainees and a series of forums about katarungangpambarangay, environmental laws, sexual extortion, correction of entries, small claims, violence against women and children, Dangerous Drug Act, and execution of compromise agreement within the barangay level. (WLB/JMG-PIA 3) http://www.ugnayan.com/ph/Bulacan/Malolos/article/QLN

1.4.5.2 BOARD OF DISCIPLINE AND ITS FUNCTIONS

The Disciplinary Board serves two (2) important functions: to protect the public and to maintain the integrity of the legal profession. The Supreme Court appoints twelve (12) members to the Board, eight (8) of whom are attorneys and four (4) of whom are members of the public. It is the goal of the Board to process disciplinary complaints filed against Rhode Island attorneys as expeditiously and fairly as possible. The Board oversees the Office of Disciplinary Counsel, which reviews and investigates all allegations of attorney misconduct. The Board may also petition the Supreme Court to place an attorney on inactive status if he or she becomes mentally or physically incapacitated. When appropriate, the Board authorizes the filing of formal charges against an attorney and then conducts hearings and makes recommendations to the court for the imposition of discipline. While disciplinary investigations are confidential, formal charges are heard in proceedings open to the public. Notice of these hearings is posted in the Supreme Court Clerk's Office and on this page. The Supreme Court Disciplinary Counsel is the investigative arm of the Board. Staff attorneys are easily accessible to the public, and any person who has a complaint about a Rhode Island lawyer may call the office and speak to a staff attorney prior to filing a complaint. Each year, thousands of Rhode Islanders contact the office and receive information. Staff attorneys can refer callers to other appropriate agencies, bring serious matters to the immediate attention of the board, and screen out those matters which do not allege any misconduct. Staff attorneys cannot provide legal advice. The Disciplinary Board and Counsel also work with the members of the Rhode Island Bar to improve legal ethics in this state. Staff attorneys are frequent presenters at continuing legal education seminars designed to inform attorneys of their ethical obligations to their clients and to the legal system. The goal of the board is to reduce the number of complaints filed by increasing awareness of and compliance with the Rules of Professional Conduct. REFERENCE: http://www.courts.ri.gov/publicresources/disciplinaryboard/default.aspx 1.4.5.3 DISCIPLINARY HEARINGS 1.1 The Warden shall appoint a staff member to act as Disciplinary Hearing Officer for each complex. The Disciplinary Hearing Officer shall be of the rank of Captain or greater. An individual shall be excluded from sitting as a Disciplinary Hearing Officer for a specific hearing for one of the following: 1.1.1 The staff member is the individual who wrote the disciplinary report that is to be heard. 1.1.2 The staff member was directly involved in conducting the investigation before the hearing. 1.1.3 The staff member is unable to be fair and impartial when hearing the case. 1.2 Disciplinary hearings shall be held as often as required to ensure that disciplinary violations are processed in a timely manner. 1.3 The Disciplinary Hearing Officer shall prioritize all pending disciplinary reports by class to ensure that serious rule violations are given priority. 1.4 Hearings shall be held no more than seven work days after the date the violation was filed. If a hearing cannot be held within seven work days, the Disciplinary Coordinator shall supply a Postponement Memorandum explaining the reasons a continuance is needed. The Warden, Deputy Warden or designee‟s approval is required for all postponement requests more than seven days. 1.5 AIMS data regarding the inmate‟s disciplinary history shall be available to the Disciplinary Hearing Officer during the disciplinary hearing and may be considered in assessing any penalties. 1.6 Upon receipt of a disciplinary ticket, the Disciplinary Hearing Officer shall: 1.6.1 Review the case for completeness, including:

1.6.1.1 Properly written and completed reports and forms 1.6.1.2 Within timeframes 1.6.1.3 Conflicts in statements between written reports resolved 1.6.1.4 AIMS report included 1.6.1.5 CIRAQ included, if applicable 1.6.1.6 Inmate cited for the appropriate charge for the violation 1.6.1.7 Determine if witnesses are to be called or if written statements are sufficient 1.6.1.8 Decide whether charging officer shall be called. 1.6.2 If not complete, refer the rule violation packet back to the Disciplinary Coordinator to make appropriate changes and/or adjustments. 1.6.3 If complete, proceed with the scheduled hearing, based on priority of the case (Class A, B, then C). Hearings shall be held no more than seven work days after the date the violation was filed. If a hearing cannot be held within seven work days, the Disciplinary Coordinator shall supply a Postponement Memorandum explaining the reasons a continuance is needed. The Warden or Deputy Warden‟s approval is required for all postponement requests more than seven days. 1.7 The Disciplinary Hearing Officer shall conduct the hearing as follows: 1.7.1 Record the date and time of the hearing. 1.7.2 Verify the inmate‟s name and number by face to ID card comparison. 1.7.3 Read the charge and ask if the inmate understands the charge. The Disciplinary Hearing Officer may modify the charge at the hearing provided that the new charge is a lesser or equivalent charge that has one or more elements of the titled charge. The modification shall be noted on the record. 1.7.4 Determine if the inmate requires a Staff Assistant at the hearing. The Disciplinary Hearing Officer may allow time for consultation between the inmate and designated Staff Assistant. 1.7.5 Explain the range of possible penalties that may be imposed in the event of a guilty finding. 1.7.6 Ask whether the inmate pleads guilty or not guilty. 1.7.6.1 If the inmate pleads guilty, no further evidence needs to be heard. The inmate may offer a statement concerning mitigating circumstances for the Disciplinary Hearing Officer to consider when determining penalties. 1.7.6.2 If the inmate refuses or fails to enter a plea, a plea of not guilty shall be entered. 1.7.6.3 If the inmate pleads not guilty, evidence shall be presented, including appropriate staff or inmate testimony or written statements. The inmate may make a closing statement concerning the misconduct for the Disciplinary Hearing Officer to consider.

1.7.7 The Disciplinary Hearing Officer shall determine whether to call staff or inmate witnesses to appear at the proceedings or whether written witness statements are adequate or necessary. 1.7.7.1 The inmate shall present to the Disciplinary Coordinator , in writing, all proposed questions for each witness that he/she wishes to call. 1.7.7.2 Live testimony of inmate witnesses is not required. If live testimony is permitted, the Disciplinary Hearing Officer shall not permit the inmate to directly question the witness. The Disciplinary Hearing Officer shall conduct the questioning if he/she determines that the questions are appropriate and relevant. The questions that the inmate wishes to ask shall be submitted by the Disciplinary Coordinator in writing to the Disciplinary Hearing Officer for review. 1.7.7.3 Where an inmate is at another facility, a written statement may be taken. Statements taken from inmates at another facility or who are not present at the hearing shall be made known to the inmate (unless confidential as defined in section 803.04), at least 48 hours prior to the hearing, so that he/she may respond on the record. 1.7.7.4 The Disciplinary Hearing Officer shall retain in the disciplinary packet the questions that were determined as neither appropriate nor relevant. 1.7.7.5 The Disciplinary Hearing Officer may determine not to call a witness if the witness would be subject to a risk of reprisal, undermine authority or otherwise present a threat to the security or order of the institution, or, if the Disciplinary Hearing Officer reasonably believes that the witness‟ testimony would be irrelevant, immaterial or repetitive. The Disciplinary Hearing Officer shall document the reason for the exclusion of any witness. 1.7.7.6 Although there is no maximum number of witnesses that an inmate may call, the Disciplinary Hearing Officer may limit the number based on a reasonable belief that the witness testimony would be repetitive testimony, irrelevant or an undue hazard to institutional safety. 1.7.7.7 Character witness evidence is not relevant in a disciplinary hearing and shall not be permitted. 1.7.7.8 The Disciplinary Hearing Officer may elect to call the charging officer as a witness to clarify any portions of the Disciplinary Report. 1.7.7.9 The Disciplinary Hearing Officer may remove witnesses whose conduct interferes with the hearing. 1.8 All evidence used at the hearing shall be made known to the inmate, except that the Disciplinary Hearing Officer may decide to withhold from disclosure specific information if the disclosure would endanger the safety or well being of another person. The Disciplinary Hearing Officer shall note in the decision the reasons for excluding or limiting any evidence. 1.9 Persons other than the Disciplinary Hearing Officer, inmates and staff involved in the disciplinary matter may be present in the hearing room and observe discipline hearings. Their attendance shall be approved in advance by the Warden, Deputy Warden or Administrator, and must be noted on the record. These persons may be excluded if they are disruptive. 1.10 During the course of the Hearing, the Disciplinary Hearing Officer may: 1.10.1 Offer staff assistance to the inmate during the hearing and use available personnel resources, such as medical staff, or mental health staff as consultants.

1.10.2 Postpone a hearing for good cause. The reasons for postponement shall be included in the file. The Warden, Deputy Warden or Administrator shall determine whether or not to approve a postponement. Postponements shall not exceed 28 days. 1.10.3 Postpone the hearing and return the disciplinary file to the Disciplinary Coordinator if the titled charge needs to be modified to a different charge with different elements than the current rule violation. 1.10.3.1 The Disciplinary Hearing Officer may modify the charge during the hearing and change the titled charge to a greater class charge, however, the inmate shall be notified that he may request an additional 48 hours to prepare a defense on the modified charge. The inmate may waive this requirement. 1.10.3.2 During the course of the hearing, the Disciplinary Hearing Officer may change the titled charge to a lesser or equivalent charge without ordering a rehearing. The lesser or equivalent charge must have one or more of the elements of the titled charge. 1.10.4 Postpone the hearing to request other supporting documents. 1.11 The inmate charged shall be present at the disciplinary hearing unless substantial reasons exist that require his/her exclusion from the hearing. 1.11.1 If the inmate waives the right to be present or refuses to be present, the inmate shall sign the Inmate Discipline - Hearing Waiver, Form 803-4, and an employee shall witness the signature. If the inmate refuses or is unable to sign the waiver, the employee shall specifically note this on the form. 1.11.2 If the inmate‟s conduct disrupts the hearing, the inmate shall be removed from the area or hearing room and the hearing shall be conducted without the inmate present. The reason for the inmate‟s absence shall be explained on the Result of Disciplinary Hearing form. 1.11.3 The Disciplinary Hearing Officer shall ensure that the inmate has the opportunity to provide a statement. The statement may be oral, written or both. 1.12 Hearing Decisions - The Disciplinary Hearing Officer may: 1.12.1 Dismiss the charge. The reason for dismissal shall be provided on the Result of Disciplinary Hearing Form. 1.12.2 Find the inmate not guilty. 1.12.3 Find the inmate guilty and impose penalties as indicated in Attachment B. As the standard of proof for guilty findings, the trier of fact (Disciplinary Hearing Officer) shall be persuaded by the evidence that it is more probably true than not that the inmate committed the disciplinary violation. 1.13 Upon reaching a decision, the Disciplinary Hearing Officer shall: 1.13.1 Prepare a written report utilizing the Result of Disciplinary Hearing form, that detail the specific evidence relied upon to arrive at the decision and that the standard of proof has been met. 1.13.1.1 Restitution: 1.13.1.1.1 Determine if restitution is owed and the amount due.

1.13.1.1.2 For restitution purposes, the inmate(s) found guilty will be jointly and severally liable for the full amount due. 1.13.1.1.3 The Disciplinary Hearing Officer may enter a finding that restitution is owed and to whom, reserving the issue of the amount of restitution owed for a future hearing conducted in accordance with the procedures outlined for a Class C violation with the exception of the ten day requirement for filing. 1.13.1.1.4 Restitution proceedings may commence upon receipt by the Warden of the amount of loss resulting from the inmate‟s violation. 1.13.1.1.5 If the amount of restitution requested is known to the Disciplinary Hearing Officer at the time of the disciplinary hearing, the restitution should be resolved at that time. 1.13.2 Inform the inmate of the decision in writing, including the penalty, and verbally explain it. 1.13.3 Type or legibly print the name of the Disciplinary Hearing Officer on the Result of Disciplinary Hearing form and sign the report. 1.13.4 Inform the inmate that he may appeal the decision of the Disciplinary Hearing Officer in accordance with the established procedures for felony offenses and misdemeanor offenses involving restitution. 1.13.5 Forward the results of the hearing to the Warden, Deputy Warden or Administrator for review. Transferof highriskinmatesofKidapawanjailtoBicutanmulled

MANILA, April 6 (PIA) -- Interior and Local Government Secretary Jesse M. Robredo on Tuesday said plans are underway to transfer the detention of high-risk inmates from the Kidapawan district jail in Kidapawan City to the Bicutan district jail in Taguig City. The plan, according to Robredo in a statement, is to prevent a repeat of last February 19 incident wherein around 50 unidentified heavily-armed men assaulted the Kidapawan district jail in a bid to rescue a detained Maguindanao-based notorious Muslim bandit leader identified as DatucanSamad, aka “Lastikman,” . Robredo said the Department of Justice (DOJ) has already requested the Supreme Court to transfer the hearing of the high-risk cases pending before the Regional Trial Courts of the Province of Cotabato to other venues. “Once the Supreme Court grants the DOJ‟s request, then the transfer of the inmates would presumably follow,” he added. The arrangement to relocate the high-risk inmates was sought by the Kidapawan City Peace and Order Council through a resolution addressed to Justice Secretary Leila M. De Lima through Secretary Robredo. . In its resolution, the Kidapawan POC chaired by Mayor Rodolfo Gantuangco, cited the February 19 attempt to rescue DatucanSamad, one of the 17 high risk inmates detained in the Kidapawan jail, and whose group is reportedly engaged in bombings, terrorism, insurgency, kidnapping, carnappings and

other crimes. The foiled rescue incident resulted in the death of three civilians including a Red Cross volunteer, while 16 others were injured including fire and jail personnel. The resolution noted that the Kidapawan district jail, which is located adjacent to the city hall as well as residential and commercial areas, does not have comprehensive security measures and enough manpower to immediately respond to the needs of securing high risk inmates. In her letter-request to the high court through the Court Administrator, Jose Midas Marquez, the DOJ secretary said she shares the concern of the Peace and Order Council of Kidapawan and agree that the detention place of these high risk inmates should be transferred. “However, the transfer of their detention place could not be effected unless the venue of the hearing is also transferred,” De Lima added. (DILG/RJB/JCP-PIA NCR) Reference: http://www.pia.gov.ph/news/index.php?article=261333521083

Referrence: http://www.azcorrections.gov/inmate_datasearch/info/infractions.htm#803.07

1.5 PENAL PROVISIONS ON CORRECTIONS 1.5.1 General Laws Governing The Administration And Management Of Prison And Jail In The Philippines 1400-1-.05 ADMINISTRATION/MANAGEMENT. (1) Each facility shall maintain fiscal records which will clearly indicate the total cost for operating the facility according to generally accepted accounting principles. Such records shall have an itemized breakdown of the total operating expenses, such as wages and salaries, food, and operating supplies. Applies to Types I,II,III,IV, and V. (2) Each jail shall have written policies and procedures governing the facility‟s operations. They shall be reviewed at least annually and updated as needed. These policies and procedures shall be approved by the sheriff, chief, or warden and shall be made available to all employees. Applies to Types I,II,III,IV, and V. (3) There shall be written plans developed in advance for dealing with emergencies such as escape, prisoner disturbances, assaults on employees, hostage taking, and emergency evacuation plans. These shall be incorporated into the facility's manual. Each employee shall be familiar with these plans. Applies to Types I,II,III,IV, and V. (4) Written policy and procedure shall provide for each shift at a facility to have fire drills every six (6) months and document dates of said drills.

Applies to Types I,II,III,IV, and V. (5) The facility administrator shall develop a list of articles and materials that shall be allowed in the cell area. Inmates shall be informed of this list upon admission. Applies to Types I,II,IV, and V. (6) The facility shall have a written and graphic evacuation plan posted in the living area, as well as any other specified locations. Applies to Types I,II,III,IV, and V. (7) Written policy and procedure shall ensure that prisoners shall not be subjected to discrimination based on race, national origin, color, creed, sex, economic status or political belief. Applies to Types I,II,IV, and V. (8) The use of padlocks and/or chains to secure prisoner housing areas is prohibited. Applies to Types, I,II,III,IV, and V. (9) Each facility relying on regular access to additional living space to comply with minimum cell size requirements under Rule 1400-1-.04 shall maintain a written policy regarding the number of hours of access to additional living space outside an inmate‟s cell that inmates will be allowed. This policy should take into consideration any relevant factors regarding inmates, including but not limited to inmate classifications. Records shall be maintained on the number of hours per day inmates have access to additional living areas in such facilities. MINIMUM STANDARDS FOR LOCAL CORRECTIONAL FACILITIES CHAPTER 1400-1 (Rule 1400-1-.05, continued) Authority: T.C.A. §41-4-140. Administrative History: Original rule filed August 9, 1982; effective September 8, 1982. Amendment filed July 31, 2000; effective November 28, 2000. Amendment filed July 29, 2004; effective November 26, 2004. Reference: http://www.tn.gov/sos/rules/1400/1400-01.pdf 1.5.2 Administrative Offense Of Prison/Jail Personnel Section 1. Punishable Offenses. The following are the offenses with corresponding penalties a member of the Jail Bureau may be charge with the administratively, classified into grave, less grave, depending on the gravity of the offense and the nature and effects on the government service. A.GRAVE OFFENSES a. Serious Neglect of Duty First Offense- Dismissal b. Grave Misconduct First Offense- Dismissal c. Dishonesty

First Offense- Dismissal d. Being Notoriously Undesirable First Offense- Dismissal e. Engaging Directly or Indirectly in Partisan Political Activities First Offense- Dismissal f. Nepotism First Offense- Dismissal g. Oppression First Offense-Suspension for six (6) months and (1) day to one (1) year Second Offense-Dismissal h. Disgraceful and Immortal Conduct First Offense-Suspension for six (6) months and (1) day to one (1) year Second Offense-Dismissal B. LESS GRAVE OFFENSE a. Less serious Neglect of Duty First Offense-Suspension for one (1) month and (1) day to six (6) months Second Offense-Dismissal b. Simple Insubordination First Offense-Suspension for one (1) month and (1) day to six (6) months Second Offense-Dismissal c. Habitual Drunkenness While on Duty First Offense-Suspension for one (1) month and (1) day to six (6) months Second Offense-Dismissal d. Gross Discourtesy in the Course of Official Duties Partisan Political Activities First Offense-Suspension for one (1) month and (1) day to six (6) months Second Offense-Dismissal e. Gross Violation of Existing Civil Law and Rules of Serious Nature First Offense-Suspension for one (1) month and (1) day to six (6) months Second Offense-Dismissal C. LIGHT OFFENSES a. Simple Neglect of Duty First Offense-Suspension for (1) to thirty (30) days Second Offense-Suspension for one (1) month to six (6) months Third Offense-Dismissal b. Simple Misconduct First Offense-Reprimand Second Offense-suspension for one (1) to thirty (30) days Third Offense-Dismissal c. Discourtesy in the Official Course of duty First Offense-Reprimand Second Offense-suspension for one (1) to thirty (30) days Third Offense-Dismissal d. Violation of Reasonable Office Rules and Regulations First Offense-Reprimand Second Offense-suspension for one (1) to thirty (30) days Third Offense-Dismissal

1.5.5 Grant of Good Conduct Time Allowance (GCTA) and Special Time Allowance (STA) under the RPC.

Art. 97. Allowance for good conduct. – The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: 1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; 2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior; 3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and 4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior. Art. 98. Special time allowance for loyalty. – A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article. Art. 99. Who grants time allowances. – Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked. Reference: http://www.neda.gov.ph/about/anti_corruption/files_/LAWS/ACT%20No.%203815,%20Revised%20Penal %20Code%20of%20the%20Phils.%20(Crimes%20Committed%20by%20Public%20Officers).pdf