Institutional Corrections - PDF

INSTITUTIONAL CORRECTIONS THREE DIVISIONS OF CRIMINOLOGY 1. Sociology of Law – it deals with understanding the nature of criminal law and its procedure of administration. 2. Criminal Etiology – it is concerned with determining causes and factors of crime occurrence; and 3. Penology / Penal Science...

INSTITUTIONAL CORRECTIONS THREE DIVISIONS OF CRIMINOLOGY 1. Sociology of Law – it deals with understanding the nature of criminal law and its procedure of administration. 2. Criminal Etiology – it is concerned with determining causes and factors of crime occurrence; and 3. Penology / Penal Science – it deals with management and administration of inmates.  PENOLOGY (Classical Doctrine Influence) It is the study of punishment for crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders. The term is derived from the Latin word “POENA” which means pain or suffering and “POENALIS” which means punishment. Penology has stood in the past and, for the most part, still stands for the policy of inflicting punishment on the offender as a consequence of his wrongdoing. Penal Management: - It refers to the manner or practice of managing or controlling places of confinement in jails or prisons. Management – utilization of resources (5Ms)  CORRECTION (Positivist doctrine influence) A branch of the Criminal Justice System concerned with the custody, supervision, and rehabilitation of criminal offenders. It is that field of criminal justice administration which utilizes the body of knowledge and practices of the government and the society in general involving the processes of handling individuals who have been convicted of offenses for purposes of crime prevention and control.  It is the study of jail/prison management and administration as well as the rehabilitation and reformation of criminals. It is a generic term that includes all government agencies, facilities, programs, procedures, personnel, and techniques concerned with the investigation, intake, custody, confinement, supervision, or treatment of alleged offenders. CORRECTIONAL ADMINISTRATION: It is the study and practice of a systematic management of jails or prisons and other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders.  TWO KINDS OF CORRECTION APPROACHES IN THE PHILIPPINES 1. Institutional Correction Rehabilitation of offenders in Jail or Prison. 2. Community-Based Correction Correctional activities that takes place in the community that directly addressed to the offender and aimed at helping him to become a law abiding citizen.  HISTORICAL PERSPECTIVE ON CORRECTIONS 13TH CENTURY – SECURING SANCTUARY In the 13th Century, a criminal could avoid punishment by claiming refugee in a church for a period of 40 days at the end of which time, he has compelled to leave the realm by a road or path assigned to him. BENEFIT OF THE CLERGY In the 13th Century, a compromise between the church and the king, wherein any member of the clergy brought to trial in the king’s court shall be claimed from the jurisdiction by the bishop or chaplain representing him and placed under the authority of the ecclesiastical court. GAOLS - (Jails) – pre-trial detention facilities operated by English Sheriff. GALLEYS – long, low, narrow, single decked ships propelled by sails usually rowed by criminals. A type of ship used for transportation of criminals in the 16th century. HULKS – decrepit transport, former warships used to house prisoners in the 18th and 19th century. These were abandoned warships converted into prisons as means of relieving congestion of prisoners. They were also called “floating hells”. 16th Century Transportation of criminals in England was authorized. At the end of the 16th century Russia and other European countries followed this system. It partially relieved overcrowding of prisons. 17th Century to late 18th Century Death penalty became prevalent as a form of punishment.  REASONS WHY DEATH PENALTY BECAME USUAL PUNISHMENT DURING THIS PERIOD AND THEREAFTER 1. Death outlaws became a “protection for the English people”. It is because the people during this period did not totally believe yet in the ability to a strong police force to combat criminals. 2. People lack confidence in the transportation if criminals. Gaols and Galleys became center of corruption and ineffective instrument of punishment 3. Doctrine of Crude intimidation appeared or seemed to be a logical form of threat in order to deter or prevent the people from violating the law. 4. The assumption was that, the Ruling Class is tasked to protect property rights and maintain public peace and order. The system of maintaining public order had little consideration or it did not recognize the social and economic condition of the lower working class. The lawmakers and enforcers used death penalty to cover property loss or damage with out further contemplating the value of life and other people. THE AGE OF ENLIGHTENMENT / AGE OF REASON 18th Century is a century of change. It is the period of recognizing human dignity. It is the movement of reformation, the period of introduction of certain reforms in the correctional field by a certain person, gradually changing the old positive philosophy of punishment to a more humane treatment of prisoners with innovational programs. NOTE: 1870 – 1880 (GOLDEN AGE OF PENOLOGY)  THE PIONEERS CORRECTIONAL SYSTEM: 1. William Penn (1614-1718) - He fought for religious freedom and individual rights. - He is the first leader to prescribe imprisonment as correctional treatment for major offenders. - He is also responsible for the abolition of death penalty and torture as a form of punishment. 2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de Montesiquieu) - (1689- 1755) A French historian and philosopher who analyzed law as an expression of justice. He believes that harsh punishment would undermine morality and that appealing to moral sentiments as a better means of preventing crime. 3. VOLTAIRE (Francois Marie Arouet) - (1694- 1778) He was the most versatile of all philosophers during this period. He believes that fear of shame was a deterrent to crime. He fought the legality-sanctioned practice of torture. 4. Cesare Bonesa, Marchese de Beccaria (1738-1794) - He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exiting essay on law during this century. It presented the humanistic goal of law. - “let the punishment fit the crime” 5. Jeremy Bentham (1748-1832) the greatest leader in the reform of English Criminal law. He believes that whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime, the crime rate would go down. - He proposed the philosophy of utilitarianism. - He advocated the imaginary mathematical formula of felicific calculus - Bentham was the one who devised the ultimate PANOPTICON PRISON – a prison that consists of a large circular building containing multi cells around the periphery. It was never built. Panopticon – to see everything or to observe. 6. John Howard (1726 – 1790) – the sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform. After his findings on English Prisons, he recommended the following: single cells for sleeping - segregation of women - segregation of youth - provision of sanitation facilities - abolition of fee system by which jailers obtained money from prisoners. - He is known as the Father of Prison Reform in the world; great prison reformer - A philanthropist and the first English prison reformer. 7. Elam Lynds - A warden of the Auburn and later of Sing Sing (which he built) was one of the most influential persons in the development of early prison discipline in America. He is described as having been a strict disciplinarian who believes that all convicts were cowards who could not be reformed until their spirit was broken. To this end, he devised a system of brutal punishments and degrading procedures, many of which remained as accepted practice until very recent times. 8. Jean Jacques Villain - He is known as the Father of Penitentiary Science. - pioneered classification to separate women and children from hardened 9. James V. Bennett - Director of Federal Bureau of Prisons; he wrote about closing of Alcatraz Prison; Built the Federal Correctional Institution in Seagoville Texas. 10. Elizabeth Fry - An English reformer sometimes referred to as the "angel of prisons" because of her driving force behind new legislation to treat prisoners humanely. The Reformatory Movement: 1. Alexander Maconochie – He was the Superintendent of the penal colony at Norfolk Island in Australia (1840) who introduced the “Mark System”. A system in which a prisoner is required to earn a number of marks based on proper department, labor and study in order to entitle him for a ticket for leave or conditional release which is similar to parole. - He is known as the Father of Parole in Australlia. 2. Manuel Montesimos – The Director of Prisons in Valencia Spain (1835) who divided the number of prisoners into companies and appointed certain prisoners as petty officers in charge which allowed good behavior to prepare the convict for gradual release. 3. Domets of France / Frederick August Demets – established an agricultural colony for delinquent boys in 1839 providing housefathers as in charge of these boys. The boys were housed in cottages with house fathers as in charge. The system was based on re-education rather than force. When discharged the boys were placed under the supervision of a patron. 4. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal Institution for young offenders. The Borstal Institution is considered as the best reform institution for young offenders today. Borstal Reformatory – the first juvenile reformatory in England. The Borstal Institution of England is today considered as the best reform institutions for young offenders. New York House of Refuge - the first juvenile reformatory in USA. 5. Walter Crofton – He was the Director of the Irish Prison in 1854 who introduced the Irish system that was modified from the Mocanochie’s mark system. - Progressive mark system - Irish System - He is known as the Father of Parole in Ireland  THE PRIMARY SCHOOLS OF PENOLOGY THE CLASSICAL SCHOOL It maintains the “doctrine of psychological hedonism” or “free will”. That the individual calculates pleasures and pains in advance of action and regulates his conduct by the result of his calculations. Basis of criminal liability – absolute human free will Purpose of punishment - retribution THE NEO-CLASSICAL SCHOOL It maintained that while the classical doctrine is correct in general, it should be modified in certain details. Since children and lunatics cannot calculate the differences of pleasures from pain, they should not be regarded as criminals, hence, they should be free from punishment. THE POSITIVIST/ITALIAN SCHOOL The school that denied individual responsibility and reflected non-punitive reactions to crime and criminality. It adheres that crimes, as any other act, is a natural phenomenon. Criminals are considered as sick individuals who need to be treated by treatment programs rather than punitive actions against them. - treats criminals as sick individuals - purpose of punishment is treatment is rehabilitation  EARLY CODES MAIN LEGAL SYSTEMS IN THE WORLD (chronological order): 1. ROMAN (most lasting and most pervading influence) 2. MOHAMEDDAN OR ARABIC 3. ANGLO-AMERICAN 1. BABYLONIAN OR SUMMERIAN CODES Code of Ur-Nammu The Code of Ur-Nammu is the oldest known law code surviving today. It is from Mesopotamia and is written on tablets, in the Sumerian language c. 2100–2050 BCE Code of King Hammurabi (Hammurabic Code) Babylon, about 1900 BC, credited as the oldest code prescribing savage punishment, but in fact, Summerian codes were nearly one hundred years older. Both law codes are written in conditional statements, but the major difference between the Code of Ur-Nammu and the Code of Hammurabi is that the former institutes fines for bodily damage, while the latter implements lex talionis. 2. ROMAN AND GREEK CODES Justinian Code– 6th C A.D., Emperor Justinian of Rome wrote his code of law. An effort to match a desirable amount of punishment to all possible crimes. However, the law did not survive due to the fall of the Roman Empire but left a foundation of Western legal codes. Greek Code of Draco - In Greece, the Code of Draco, a harsh code that provides the same punishment for both citizens and the slaves as it incorporates primitive concepts (Vengeance, Blood Feuds). The Greeks were the first society to allow any citizen to prosecute the offender in the name of the injured party. The Hittites existed about two centuries after the reign of Hammurabi and they eventually conquered Babylon. The laws of the Hittites may also be characterized as brutal, just like the Code of Hammurabi, because they used death as punishment for many offenses. Deuteronomy or the Mosaic Code Deuteronomy is the fifth book in the Bible and it contains the basis of Jewish laws. It is believed that it was made by Moses. These laws were in the form of a covenant between God and the people of Israel, given to Moses on the mountains. They begin with the Ten Commandments and go on to statutes and ordinances that God commanded Moses to teach the people. The Code Of Solon Solon, also an Athenian, was appointed archon and was given legislative powers. During his time, he repealed almost all the laws of the Code of Draco and created laws that provided just punishments. The term “solon” is used to refer to any member of the Senate or House of Representatives. The Lex Salica (Frankish King, Clovis) The lex salica refers to the legal customs of the ancient Germanic tribes which invaded and defeated the Roman Empire in the Middle Ages. When the Germanic tribes codified the lex salica, they set out a schedule of monetary compensation for wrongdoings, called botes. Wergild or wergild refers to the value of monetary compensation for human life, based on his status in life. The Burgundian Code (500 A.D.) Specified punishment according to the social class of offender, dividing them into nobles, middle class and lower class specifying the value of the life of each person according to social status. The Laws Of Islam The laws of Islam can be found in the Koran, the holy book of the Muslim religion. These laws are also believed to be of divine origin. It is believed that they were given by Allah to the prophet Mohammed. EARLY CODES (PHILIPPINE SETTING) Code of Kalantiao (Kalantiaw) Promulgated in 1433 – Time of Datu Kalantiao Maragtas Code Promulgated during the time of Datu Sumakwel  PUNISHMENT AND PENALTY PENALTY Is the suffering that is inflicted by the state for the transgression of law PUNISHMENT It is the redress that the state takes against an offender where it signifies suffering or curtailment of its freedom. PUNISHMENT  PURPOSES/JUSTIFICATIONS OF PUNISHMENT 1. Retribution (PERSONAL VENGEANCE/ REVENGE)– the punishment should be provided by the state whose sanction is violated to afford the society or the individual the opportunity of imposing upon the offender suitable punishment as might be enforced. Offenders should be punished because they deserve it. 2. Expiation or Atonement – it is punishment in the form of group vengeance where the purpose is to appease the offended public or group. 3. Deterrence – punishment gives lesson to the offender by showing to others what would happen to them if they violate the law. Punishment is imposed to warn potential offenders that they cannot afford to do what the offender has done. 4. Incapacitation and Protection – the public will be protected if the offender has been held in conditions where he cannot harm others especially the public. Punishment is effected by placing offenders in prison so that society will be ensured from further criminal depredations of criminals. 5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility of the offender. Society’s interest can be better served by helping the prisoner to become law abiding citizen and productive upon his return to the community by requiring him to undergo intensive program of rehabilitation in prison  ANCIENT FORMS OF PUNISHMENT 1. Death Penalty / Capital Punishment – Affected by burning, beheading, hanging, breaking at the wheels, pillory and other forms of medieval executions. DEATH CONVICT- This refers to an inmate were death penalty/sentence imposed by the Regional Trial Court is affirmed by the Supreme Court. 2. Physical Torture / Corporal Punishment– It is affected by maiming, mutilation, whipping and other inhumane or barbaric forms of inflicting pain. CORPORAL PUNISHMENT – It is the infliction of physical pain as a form of punishment. 3. Social Degradation – The act of putting the offender into shame or humiliation. 4. Banishment or Exile / ostracism / outlawry – The sending or putting away of an offender which was carried out either by prohibition against coming into a specified territory such as an island to where the offender has been removed. - Presently known as Destierro  FORMS OF PUNISHMENT Branding Human branding or stigmatizing is the process in which a mark, usually a symbol or ornamental pattern, is burned into the skin of a living person, with the intention that the resulting scar makes it permanent. It is done by pressing a burning, hot iron to the person’s skin or body which would result in a wound caused by the burning. Jougs, Juggs, or Joggs An iron collar fastened by a short chain to a wall, often of the parish church, or to a tree or cross. The collar was placed round the offender's neck and fastened by a padlock. Time spent in the jougs was intended to shame an offender publicly. The Rack Device that drags apart the joints in the feet and hands. Iron Maiden Box-like structure with the front half hinged like and door so that a person could be placed inside. When the door was shut, protruding spikes both back and front entered the body of the prisoner Scavenger's Daughter (or Skevington's Daughter) It was an A-frame shaped metal rack to which the head was strapped to the top point of the A, the hands at the midpoint and the legs at the lower spread ends; swinging the head down and forcing the knees up in a sitting position compressing the body so as to force the blood from the nose and ears. Scold's Bridle Sometimes called a Brank's Bridle or simply Branks – an instrument of punishment used primarily on women, as a form of torture and public humiliation. The device was an iron muzzle in an iron framework that enclosed the head. A bridle-bit (or curb-plate), about 2 inches long and 1 inch broad, projected into the mouth and pressed down on top of the tongue. The curb-plate was frequently studded with spikes, so that if the offender moved her tongue, it inflicted pain and made speaking impossible. Foot Whipping or Bastinado The undergoing person is required to be barefoot. The beating is typically inflicted with an object in the type of a cane or a crop and repeated over a varying number of times. It is usually targeted at the vaults or arches of the foot but sometimes the heels and balls of the feet can be targeted also. Iron Boot Designed to cause crushing injuries to the foot and/or leg Milk & Honey The person was encased in a box from which his head, hands & feet protrude, forcibly feed with milk and honey which was also smeared in his face and then exposed to the sun seventeen (17) days, he lingered on this horrible condition until he had been devoured alive by insect and vermin. Treadmill Prisoner is continually made to constantly climb stairs up to 14,000 feet. Drawing and Quartering This is one the most brutal methods of execution. An offender sentenced to this death was first hanged until near death, taken down, their limbs tied to horses, and then pulled apart as the horses ran in different directions. Disembowelment, or the ripping out of internal organs, and the removal of genitals often occurred while the accused was still alive Breaking wheel Also known as the Catherine wheel or simply the wheel Was a torture device used for capital punishment from antiquity into early modern times for public execution by breaking the criminal's bones/bludgeoning him to death. Death by Musketry or Firing Squad Firing Squad refers to a group of soldiers. Usually, all members of the group are instructed to fire simultaneously, thus preventing both disruption of the process by a single member and identification of the member who fired the lethal shot. The prisoner is typically blindfolded or hooded, as well as restrained.  METHODS OF DEATH PENALTY EXECUTED IN THE PHILIPPINES GARROTE – This became popular when 3 friars/priests commonly addressed as GOMBURZA were executed in 1872 by the Spanish colonial rules for exposing the venalities of the church. An iron collar attached upon a scaffold formerly used in Spain and Portugal. This method of execution was abolished in the Philippines by virtue of Act 451. LETHAL INFECTION – While the 1987 Constitution abolished death sentence, Congress however, in 1996 passed RA 7659 as amended by RA 8177 that imposes death penalty for heinous crime by lethal injection. STONING/LAPIDATION – It is a form of execution wherein the condemned person is pelted with stones BEHEADING - The condemned man’s neck is placed on the wooden curved wood specially designed for the purpose. Most often, the doomed-man is black hooded with both hands tied at the back before his head is positioned at the chopping block. At a given signal, the head is axed and the severed head fall on the truck provided therefore. CRUCIFICTION – A person convicted to death was nailed on the cross with both hands and feet to add ignominy to his agony and humiliation he was crowned with the specter of vines of spines on his head. Then the Roman pears were thrust to his flesh body and died of asphyxiation. BURNING AT STAKE – It is a form of execution wherein the convict is tied in a pole and then sets on fire alive. FEEDING TO THE LIONS – The offender is thrown in a lion’s den. PILLORY – Bouvier’s Dictionary defines pillory as a wooden machine, in which the neck of the doomed culprit is inserted thereof and usually executed in public as a means of punishing the offenders in Europe and Colonial America. – Pillory is a wooden frame with three curved holes in it (two for the left and right wrists and the middle-curved hole is for the neck) and mounted on the post upon a platform, the condemned man was left to die at the mercy of unfriendly weather. Other similar forms with holes for the offender’s feet are called as STOCK DECAPITATION – derived from a LATIN word “DE” meaning FROM and “CAPUT” meaning HEAD. Instead of using axe, the method employed is by the use of a sword and the practice is widespread in China and Muslim States. FLAGELLATION – An X-designed log was cross-joined and decline at 65 degrees backward. The hooded doomed-man was tied on the cross-x with both hands spread upward while the feet were spread apart. The con-man is bared naked except with the skimpy short pants. The whipping rod is made of stripped hard leather with brass button in laid across and embedded at the tips. At the given signal, six men will whip 30 lashes each alternately and will continue except upon the intercession of the victim or the State which intervention of the aggrieved to stop is tantamount to pardon and the co-man shall be released to freedom. GUILLOTIN – A device for cutting off people’s head developed in 1792 by Dr. Joseph Ignacio Guillotin a member of the French National Assembly, he proposed that all executions must be uniform and painless. ELECTRIC CHAIR – The convict is seated in a chair made of electrical conducting materials with strap of electrodes on wrist, ankles and head. Upon orders, the lever will be pulled-up and the fatal volts of alternating current pass the body until the convict dies. If ever the convict is still alive, the lever shall be pulled-again until he is pronounced dead HANGING - Mostly, the execution is conducted at dawn. The executioner will place a cloth over his head. Steel weights are strapped to the legs of the death convict to ensure that he/she will die quickly. Then the rope will be placed around the neck of the convict, and, finally, the platform will be removed. GAS CHAMBER- Invented after World War I by a Medical Corp’s Officer of the US Army as an alternative to electric chair. In medical term, the convict will die from Hypoxia which means death due to the cutting-off of Oxygen in the brain. The convict is placed in a sealed chamber where the carbon monoxide is introduced until the convict is pronounced dead. IMPALEMENT (IMPALING) - a form of capital punishment; it is the penetration of an organism by an object such as a stake, pole, spear or hook, by complete (or partial) perforation of the body, often the central body mass. Killing by piercing the body with a spear or sharp pole.  BRIEF HISTORY OF CAPITAL PUNISHMENT IN THE PHILIPPINES Electric Chair ⮚ as a method of execution was introduced in 1926 during the American occupation. It was used until 1976, during the time of former President Ferdinand Marcos. Article 81 of the Revised Penal Code is the provision pertaining to the death penalty. ⮚ 1987 Philippine Constitution - abolished the death penalty except for heinous crimes, as stated under Section 19, Article III. Republic act 7659 ⮚ An act to impose the death penalty on certain heinous crimes, amending for that purpose the revised penal laws, as amended, other special penal laws, and for other purposes Republic Act No. 8177 ⮚ approved March 20, 1996 ⮚ It is the law that designated lethal injection as the method for carrying out the capital punishment in the Philippines. ⮚ Developed in 1924 by an anesthesiologist in Nevada. Components of chemicals used in Lethal Injection are: ⮚ SODIUM THIOPENTAL – a sleep inducing barbiturate, ⮚ PANCURONIUM BROMIDE – a drug capable of paralyzing the muscles; POTASSIUM CHLORIDE – capable of stopping heartbeat within seconds and this is commonly used in Heart-by-pass operations. Republic Act No. 9346 ⮚ the law prohibiting the imposition of the death penalty. It was approved on June 24, 2006.  CONTEMPORARY FORMS OF PUNISHMENT: 1. Imprisonment / isolation / incarceration / commitment / incapacitation– putting the offender in prison for the purpose of protecting the public against criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo institutional treatment programs. 2. Parole - a conditional release of a prisoner after serving part of his/her sentence in prison for the purpose of gradually re-introducing him/her to free life under the guidance and supervision of a parole officer. 3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which does not exceed six years imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision of a probation officer. 4. Fine – a pecuniary amount given as a compensation for a criminal act. 5. Destierro – the penalty of banishing a person from the place where he committed a crime, prohibiting him to get near or enter the 25-kilometer perimeter.  GOALS OF PUNISHMENT 1. General Deterrence - the state tries to convince potential criminals that the punishment they face is certain, swift, and severe so that they will be afraid to commit an offense. 2. Specific Deterrence - convincing offenders that the pains of punishment is greater than the benefits of crime so they will not repeat their criminal offending 3. Incapacitation - if dangerous criminals are kept behind bars, they will not be able to repeat their illegal activities. 4. Retribution/Just Desert - punishment should be no more or less than the offenders actions deserve, it must be based on how blameworthy the person is 5. Equity/Restitution - convicted criminals must pay back their victims for their loss, the justice system for the costs of processing their case and society for any disruption they may have caused. 6. Rehabilitation - if the proper treatment is applied, an offender will present no further threat to society 7. Diversion - criminals are diverted into a community correctional program for treatment to avoid stigma of incarceration. The convicted offender might be asked to make payments to the crime victim or participate in community based program that features counseling. 8. Restorative Justice - repairs injuries suffered by the victim and the community while insuring reintegration of the offender. Turn the justice system into a healing process rather than a distributor of retribution and revenge. PENALTY SOCIAL JUSTIFICATION OF PENALTY 1. PREVENTION – the state shall punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender. 2. SELF-DEFENSE – the state has a right to punish the criminal as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal 3. REFORMATION – the object of punishment in criminal cases is to correct and reform the offender 4. EXEMPLARITY – the criminal is punished by the state as an act to deter others from committing crimes. 5. JUSTICE – that the crime must be punished by the state as an act of retributive, a vindication of absolute right and moral violated by the criminal  PURPOSE OF PENALTY 1. RETRIBUTION OR EXPIATION – the penalty is commensurate with the gravity of offense as a matter of payment for the damage done 2. CORRECTIVE OR REFORMATION – as shown by the rules which regulates the execution of the penalties consisting in deprivation of liberty, thereby giving chance for his reformation. 3. SOCIAL DEFENSE – as shown by its inflexible severity to recidivist and habitual delinquents. Society must provide the welfare of the people against any order in the community.  JURIDICAL CONDITIONS (LEGAL REQUISITES) OF PENALTY Punishment must be: 1. Productive of suffering – without however affecting the integrity of the human personality. 2. Commensurate with the offense – different crimes must be punished with different penalties (Art. 25, RPC). 3. Personal – the guilty one must be the one to be punished, no proxy. 4. Legal – the consequence must be in accordance with the law. 5. Equal – applicable for all persons. 6. Certain – no one must escape its effects. 7. Correctional – changes the attitude of offenders and become law- abiding citizens.  DURATION OF PENALTIES 1. Death Penalty – Capital punishment 2. Life imprisonment – life time imprisonment for Special Penal Law AFFLICTIVE PENALTIES 3. Reclusion Perpetua – 20 yrs and 1 day up to 40 years 4. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment 5. Prision Mayor – 6 yrs and 1 day to 12 years CORRECTIONAL PENALTIES 6. Prision Correctional – 6 months and 1 day to 6 years 7. Arresto Mayor – 1 month and 1 day to 6 months LIGHT PENALTIES 8. Arresto Menor – 1 day to 30 days 9. Bond to Keep the Peace – discretionary on the part of the court. CONSTITUTIONAL RESTRICTIONS ON PENALTIES The Phil. Constitution directs that excessive fines shall not be imposed, nor cruel and unusual penalties when it is so disproportionate to the offense committed as to shock the moral sense of all reasonable men as to what is right and proper under the circumstances. PRISON AND JAILS  PRISON DEFINED A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major/serious crimes. WHO IS A PRISONER? a prisoner is a person who is under the custody of lawful authority.  EARLY PRISON 1. Fortresses, Castles and Town Gates 2. Mamertine Prison/ Carcere Mamertino - the only early Roman place of confinement which was built under the main sewer old Rome (64 B.C.) 3. Bridewell Workhouse (London 1557) - built for the employment and housing of English Prisoner. The most popular workhouse; named after St. Bridget Well. 4. Walnut Street Jail (Philadelphia) - Originally constructed as a detention cell, converted into an estate prison and became the first American Penitentiary. 5. Elmira Reformatory and Correctional Facility (New York USA) - Known as “the Hill”; it is a maximum security prison. During the Golden Age, it used parole extensively. Considered forerunner of modern penology because it had all the elements of modern Penology. 6. Ergastulum – it is an ancient prison wherein prisoners are attached to workbenches and are forced to do hard labor in the period of their imprisonment. 7. Maison de Force (1627) – a house of correction in Ghent, Belgium which separates adult from juveniles and women from men; an innovation to prison system during the 1600s. It was established by Jean Jaques Villian (Father of Penitentiary Science). 8. Auburn Prison and Correctional Facility (New York) - Built in the land that was once a CAYUGA Indian Village. Maximum Security Facility, “A Congregate System” 9. Singsing Correctional Facility/SingSing Prison (New York) - The third prison built by New York State. It is a maximum-security prison inflicted aside from floggings, denial of reading materials and solitary confinement. The shower bath was a gadget so constructed as to drop a volume of water on the head of a locked naked offender. The force of icy cold water hitting the head of the offender caused so much pain and extreme shock that prisoners immediately sank into coma due to the shock and hypothermia or sudden drop in body temperature. It became famous to the whole world because of singsing bath. 10. Alcatraz (The Rock) - 1850 – this prison is located on an island in San Francisco Bay. It was built for the military in the 1850's and used by them as a fort and a prison until 1933 when it was passed to the Department of Justice thru the recommendation of Dir. John Edgar Hoover and became a civil prison until it was closed in 1963 thru the writings of James Bennet. History where number 1 public enemies are imprisoned like Al Capone Famous Escapees of Alcatraz (1962): 1. Frank Morris 2. Clarence and John Anglin JAMES A JOHNSTON “OLD SALTWATER” – the 1st warden of Alcatraz Prison OLIN GUY BLACKWELL - He was the last warden of the Alcatraz prison.  THE TWO RIVAL PRISON SYSTEM IN THE HISTORY OF CORRECTION A. The Auburn Prison System – the prison system called the “Congregate System” / GROUP SYSTEM - The prisoners are confined in their own cells during the night and congregate work in shops during the day. Complete silence was enforced. HARD WOOD SHOP – A place where prisoners do their labor. B. The Pennsylvania Prison System – the prison system called “Solitary System” / SILENT SYSTEM / SEPARATE SYSTEM. Prisoners are confined in single cells day and night where they lived, they slept, and they ate and receive religious instructions. Complete silence was also enforced. They are required to read the Bible. EARLY FORMS OF PRISON DISCIPLINE 1. Hard Labor - productive works 2. Deprivation – deprivation of everything except the bare essentials of existence 3. Monotony – giving the same food that is “off” diet or requiring the prisoners to perform drab or boring daily routine. 4. Uniformity – “we treat the prisoners alike”; “the fault of one is the fault of all”. 5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing. 6. Degradation – uttering insulting words or languages on the part of prison staff to the prisoners to degrade or break the confidence of prisoners. 7. Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a delinquent inmate. 8. Isolation or Solitary Confinement / BARTOLINA – non-communication, limited news, “the lone wolf” PRISON SECURITY, CUSTODY AND CONTROL SECURITY – It involves safety measures to maintain the orderliness and discipline with in jail or prison. PRISON DISCIPLINE – It is the state of good order and behavior. It includes maintenance of good standards of work, sanitation, safety, education, health and recreation PREVENTIVE DISCIPLINE – It is the prompt correction of minor violations committed by prisoners before they become serious violations CONTROL – It involves supervision of prisoners to ensure punctual and orderly movement from one place work program or assignment to another CUSTODY – is the guarding or penal safekeeping, it involves security measures to insure security and control with in the prison.  JAIL DEFINED It is a place for locking-up persons who are convicted of minor offenses or felonies who are to serve a short sentences imposed upon them by a competent court, or for confinement of persons who are awaiting trial or investigation of their cases. ORIGIN OF THE WORD JAIL It is said to have been derived from the Spanish word JAULA / CAULA which means a CAGE. It is also said to have been derived from the French word GAOL pronounced as “geole”, a place for the arrested criminals.  TYPES OF JAILS 1. Lock-up Jail Is a security facility, common to police stations, used for temporary confinement of individual held for investigation. 2. Ordinary Jails The type of jail commonly used to detain a convicted criminal offender who serves less than three years. 3. Workhouse, Jail Farms or Camp Facility that houses minimum custody offenders who are serving short sentences or those who are undergoing constructive work programs. It provides full employment of prisoners, remedial services and constructive leisure time activities.  JAIL VS PRISON CATEGORIES JAIL PRISON Purpose Accept inmates who Accepts inmates who committed committed minor offense major offense Agency BJMP BUCOR Department DILG DOJ Law RA 6975 Act 1407 RA 9263 EO 292 RA 10575 Date of January 2, November 1, Creation 1991 1905 CATEGORIES JAIL PRISON Powers Accepts Detainees and Accepts offenders with Convicts above 3 years imprisonment with 3 years and below of imprisonment Jurisdiction Controls all City, Municipal Supervised all seven (7) and District Jails insular prisons in the Country Agency Head Chief, BJMP Director (Director General Rank) (USec.) Local Head Warden Superintendent Personnel Jail Officers Correction Officers Uniform of Yellow Max – Inmates Tangerine Med – Blue Min – Brown  THE SEVEN OPERATING CORRECTIONAL FACILITIES IN THE PHILIPPINES 1. BILIBID PRISONS a. OLD BILIBID PRISON (CARCEL Y PRESIDIO CORRECTIONAL) – the main insular penitentiary during the Spanish regime. This was constructed in 1847 and was formally inaugurated in 1865 by virtue of the Royal Decree of the Spanish Crown. This was located at Azcaraga St. (now Recto Ave.) then famous “May Haligue Estate” at nearby Central Market at Oroquieta St. This was constructed in radical spokes- of-a-wheel form with a tower in the center spoke for easy command and control. 1. CARCEL – 600 INMATES’ CAPACITY 2. PRESIDIO – 527 INMATES’ CAPACITY In 1936, the City of Manila exchanged its Muntinlupa property with that of the Bureau of Prison lot, the Muntinlupa property was intended as a site for Boys Training School, but because it was too far, the City preferred the site of the Old Bilibid Prison, the present site of Manila City Jail (BJMP). b. NEW BILIBID PRISON, Muntinlupa City (Approximately 552 hectares) – this is where the Bureau of Corrections Central Office is situated. The New Bilibid Prison has a capacity of 3,000 Prisoners. Within the complex are the three (3) security camps administered by a Penal Superintendent and assisted by an Assistant Superintendent in each camp. The New Bilibid Prison specializes in the industrial type of vocational training. It operates a furniture shop, shoe repair shop, blacksmith and tinsmith shop, auto mechanics and automobile body building shop, tailoring, electronics, watch- repair, carpentry and rattan furniture shop. It is also engaged in track gardening, poultry, piggery and animal husbandry.  THE THREE (3) SECURITY CAMPS a. MAXIMUM SECURITY COMPOUND (Main Building) is for prisoners whose sentences are 20 years and above, life termers or those under capital punishment, those with pending cases, those under disciplinary punishment, those whose cases are on appeal, those under detention, and those that do not fall under medium and minimum security status. = wears tangerine shirt = not allowed to do furlough This type of institution is characterized by thick all enclosures, 18 to 25 feet high. On top of the wall are catwalks along which the guards patrol at night. At corners and strategic places are tower posts manned by heavily armed guards. b. MEDIUM SECURITY COMPOUND (also known as Camp Sampaguita) is for prisoners whose sentences are below 20 years (computed from the minimum sentences per classification interpretation) and those classified for colony assignment. - This type of institution is usually enclosed by two layers of wire fence. The inner fence is 12 to 14 feet high with curb and the outer fence is 8 to 12 feet high. The two fences are from 18 to 20 feet apart. Usually, the top portion of the fence is provided with barbed wire. c. MINIMUM SECURITY COMPOUND (also referred to as Camp Bukang Liwayway) is an open camp with less restrictions and regimentation. This is for prisoners who are 65 years old and above, medically certified as invalids and for those prisoners who have six months or less to serve before they are released from prison. The lethal injection chamber is also located here. This type of institution is usually without a fence and if there is one, its purpose is to keep away the civilian population from entering the institution rather than preventing escapes. 2. SAN RAMON PRISON AND PENAL FARM, Zamboanga del Sur – founded by Capt. Ramon Blanco, a member of the Spanish Royal Army and named the prison facility after the patron saint. This was initially intended for the confinement of political prisoners during Spanish era. On August 21, 1869, the San Ramon Prison and Penal Farm in Zamboanga City was established to confine Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule. The facility which faced the Jolo sea had Spanish-inspired dormitories and was originally set on a 1,414-hectare sprawling estate. Land area: Currently approximately 1,546 hectares Principal product: Copra, rice, coffee, etc. Year established: 1869 – 1870 - 2nd oldest prison after Old Bilibid Prison San Ramon has an average population of 1,200 prisoners 3. IWAHIG PRISON AND PENAL FARM (Luhit), Puerto Princesa, Palawan The Americans established in 1904 the LUHIT PENAL SETTLEMENT (now Iwahig Prison and Penal Farm) on a vast reservation of 28,072 hectares. It would reach a total land area of 40,000 hectares in the late 1950s. Located on the westernmost part of the archipelago far from the main town to confine incorrigibles with little hope of rehabilitation. The area was expanded to 41,007 hectares by virtue of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912. ENVISIONED BY: Gov. Luke E. Wright ORDERED BY: Gov. William Cameron Forbes - Envisioned as an institution for incorrigible criminals. The first contingent of prisoners who were confined here revolted against the authorities. The farm is predominantly designed for agro-industrial activities. Within its area are four (4) sub- colonies: 1. Central sub-colony 2. Sta. Lucia sub-colony 3. Montible sub-colony 4. Inagawan sub-colony - All these colonies are administered by a Penal Supervisor - It administers the Tagumpay Settlement which is approximately 1, 000 hectares with six hectares homestead lots distributed to inmates who desired to live in the settlement after service of sentence. - One of the best open institutions in the world. Date established: Nov. 16, 1904 By virtue of: Reorganization Act of 1407 Land area: Approximately 36, 000 hectares – 41,007 (1912) Principal product: rice, corn, copra and other forest product - Largest penal colony - Prison without walls - The most open prison facility - The best and the finest prison 4. CORRECTIONAL INSTITUTION FOR WOMEN, Mandaluyong City - The only female institution in the Philippines - Since 1934, a female Superintendent was assigned to supervise the prison facility. - LOCATED AT WELFARE VILLE MANDALUYONG CITY Year established: 1931 By virtue of: Act 3579 which was passed on Nov. 27, 1929 Vocational activities: Dress making, beauty culture, handicrafts Capacity: 200 5. LEYTE REGIONAL PRISON, Abuyog, Southern Leyte Date established: Jan. 16, 1973 - Under Proclamation No. 1101 - It is a prison facility which has a receiving and process station. - It has three security facilities – maximum, medium, minimum. - Because of its terrain, prison agro-industrial activities could not be fully developed. - Youngest prison - Built during martial law - Ferdinand Marcos. - Fastest growing prison - Maximum capacity – 500 prisoners 6. SABLAYAN PRISON AND PENAL FARM, Sablayan, Mindoro Occidental - With four sub-colonies within the prison compound: 1. Central sub-colony 2. Pusog sub-clony 3. Pasugui sub-colony 4. Yapang sub-colony - This penal farm is intended for agro-industrial activities Land area: Approximately 16, 408.5 hectares By virtue of: Proclamation no. 72 Date established: Sept. 26, 1954 Principal product: Rice NEAREST PENAL COLONY IN MANILA 7. DAVAO PRISON AND PENAL FARM, Tagum, Davao del Norte - The Davao Penal Colony was established on January 21, 1932 in accordance, with Act No. 3732 and Proclamation No. 414, series of 1931. With two sub-colonies: 1. Panabo sub-colony 2. Kapalong sub-colony - It administers the Tanglaw Settlement for those inmates who desire to live within the compound. - 30,000 HECTARES - First headed by: GEN. PAULINO SANTOS - RICHEST AND HIGHEST INCOME EARNER - BIGGEST BANANA AND ABACA PLANTATION  NON – OPERATIONAL PRISONS IN THE PHILIPPINES 1. FORT BONIFACIO A committee report submitted to then President Carlos P. Garcia described Fort Bonifacio, formerly known as Fort William McKinley as a military reservation located in Taguig which was established after the Americans came to the Philippines. The prison was originally used as a detention center for offenders of US military laws and ordinances. 2. CORREGIDOR PRISON In 1908 during the American regime, some 100 prisoners were transferred from the Old Bilibid Prison to Corregidor Island to work under military authorities. This move was in accordance with an order from the Department of Instructions which approved the transfer of inmates so they could assist in maintenance and other operations in the stockade. 3. BONTOC PRISON The Philippine Legislature during the American regime passed Act No. 1876 providing for the establishment of a prison in Bontoc, Mountain Province. The prison was built for the prisoners of the province and insular prisoners who were members of the non-Christian tribes of Mountain Province and Nueva Vizcaya. BJMP MANUAL  POWERS The BJMP exercises supervision and control over all district, city and municipal jails.  FUNCTIONS a. to enhance and upgrade organizational capability on a regular basis; thus, making all BJMP personnel updated on all advancements in law enforcement eventually resulting in greater crime solution efficiency and decreased inmate population; b. to implement strong security measures for the control of inmates; c. to provide for the basic needs of inmates; d. to conduct activities for the rehabilitation and development of inmates; and e. to improve jail facilities and conditions.  OBJECTIVES a. To improve the living conditions of offenders in accordance with the accepted standards set by the United Nations; b. To enhance the safekeeping, rehabilitation and development of offenders in preparation for their eventual reintegration into the mainstream of society upon their release; and c. To professionalize jail services  DEFINITION OF TERMS Carpeta - otherwise known as “inmate record or jacket”, contains the personal and criminal records of inmates, documents related to his/her incarceration such as but not limited to: commitment order, subpoenas, personal identification, orders from the court, and all other papers necessarily connected with the detention of an inmate. Mittimus Order - a warrant issued by a court bearing its seal and the signature of the judge, directing the jail or prison authorities to receive inmates for the service of sentence. Contraband - any article, item, or thing prohibited by law and/or forbidden by jail rules that would pose as security hazards or endanger the lives of inmates. Illegal Contraband- are those that are unlawful in themselves and not because of some extraneous circumstances (i.e. dangerous drugs, weapons, potential weapons, explosives). Nuisance Contraband - are those that may not be classified as illegal under the Philippine laws but are forbidden by jail rules i.e. cellphone, money or other commodities of exchange such as jewelry, appliances and gadgets, excessive wearing apparels and sleeping paraphernalia, intoxicating liquors, cigarettes, pornographic materials, gambling paraphernalia and other products that are considered as instruments for vices since they threaten the security, fire safety, sanitation of the facility, and the orderly activities of the jail. Conjugal Visitation – refers to the visit by the wife for a short period, usually an hour, more or less, to her incarcerated husband during which they are allowed privacy and are generally understood to have sexual contact. Detainee - a person who is accused before a court or competent authority and is temporarily confined in jail while undergoing or awaiting investigation, trial, or final judgment. Prisoner - an inmate who is convicted by final judgment. Inmate - is the generic term used to refer to a detainee or prisoner. Escape-Prone Inmates - are inmates who are likely and have the tendency to escape from the jail facility. Infirmed Inmates - are those inmates who are physically or mentally weak for a prolonged period of time specifically caused by age or illness. Instrument of Restraint - a device, contrivance, tool or instrument used to hold back, keep in, check or control inmates; e.g., handcuffs. Jail Incident -any untoward or uncommon actions, events, or conditions such as jail break, riot, noise barrage, stabbing or assault upon personnel that occurs in jail and perpetrated by any person, which may or may not have followed or depended upon another action of grave or serious consequences such as escape, injury, death, fire, flood, earthquake, or other calamity which affects the jail. Jailbreak - the escape from jail by more than two (2) inmates by the use of force, threat, violence or deceit or by breaching security barriers such as by scaling the perimeter fence, by tunneling and/or by other similar means or by burning or destructing of the facility or a portion of the facility with or without the aid of jail officer or any other person. Jail escape - it is an act of leaving from jail of an inmate through unofficial and illegal ways or without any legal order from the authorities. Rehabilitation - a program of activity directed to restore an inmate’s self respect and sense of responsibility to the community, thereby making him/her a law-abiding citizen after serving his/her sentence. Safekeeping - refers to the temporary custody of a person for his/her own protection from the community he or she comes from, and for the community he or she comes from. Sex Offenders - are those inmates who committed crimes involving sex, including rape, molestation, pedophilia, sexual harassment and pornography production or distributions. Sexual Deviates - inmates who have a type of mental disorder characterized by a preference for or obsession with unusual sexual practices, as pedophilia, sadomasochism, or exhibitionism or inmates whose sexual practices are socially prohibited. Suicidal Inmates - are those inmates who have a tendency to commit suicide or to harm themselves. Bisexual - are those inmates who have a sexual attraction or sexual behavior toward both males and females, and may also encompass sexual attraction to people of any gender identity or to a person irrespective of that person’s biological sex or gender. Gay - is a male homosexual inmate, who experiences romantic love or sexual attraction to fellow male inmates. Lesbian - is a female homosexual inmate, who experiences romantic love or sexual attraction to fellow female inmates. Transgender - are those inmates whose gender identity or gender expression does not match with their innate sexual identity. COMMITMENT AND CLASSIFICATION OF PRISONERS AND DETAINEES COMMITMENT Means entrusting for the confinement of an inmate to a jail by a competent court or authority, for the purposes of safekeeping during the pendency of his/her case.  COURTS AND OTHER ENTITIES AUTHORIZED TO COMMIT A PERSON TO JAIL a. Supreme Court; b. Court of Appeals; c. Sandiganbayan; d. Regional Trial Court; e. Metropolitan/Municipal Trial Court; f. Municipal Circuit Trial Court; g. Congress of the Philippines; and h. All other administrative bodies or persons authorized by law to arrest and commit a person to jail.  CLASSIFICATION Refers to assigning or to grouping of inmates according to their respective penalty, gender, age, nationality, health, criminal records, etc.  CATEGORIES OF INMATES The two (2) general categories of inmates are: a. Prisoner - inmate who is convicted by final judgment; and b. Detainee - inmate who is undergoing investigation/trial or awaiting final judgment.  CLASSIFICATION OF PRISONERS The four (4) main classes of prisoners are: a. Insular Prisoner - one who is sentenced to a prison term of three (3) years and one (1) day to reclusion perpetua or life imprisonment; b. Provincial Prisoner - one who is sentenced to a prison term of six (6) months and one (1) day to three (3) years; c. City Prisoner - one who is sentenced to a prison term of one (1) day to three (3) years; and d. Municipal Prisoner - one who is sentenced to a prison term of one (1) day to six (6) months.  CLASSIFICATION OF DETAINEES a. Undergoing investigation; b. Awaiting or undergoing trial; and c. Awaiting final judgment. INMATES SECURITY CLASSIFICATION a. High Profile Inmate - those who require increased security based on intense media coverage or public concern as a result of their offense such as but not limited to those who have been involved in a highly controversial or sensationalized crime or those who became prominent for being a politician, government official, multi-million entrepreneur, religious or cause-oriented group leader and movie or television personality. b. High Risk Inmate - those who are considered highly dangerous and who require a greater degree of security, control and supervision because of their deemed capability of escape, of being rescued, and their ability to launch or spearhead acts of violence inside the jail. This includes those charged with heinous crimes such as murder, kidnapping for ransom, economic sabotage, syndicated or organized crimes, etc. Also included are inmates with military or police trainings or those whose c. High Value Target (HVT) - a target, either a resource or a person, who may either be an enemy combatant, high ranking official or a civilian in danger of capture or death, typically in possession of critical intelligence, data, or authority marked as an objective for a mission and which a commander requires for the successful completion of the same. d. Security Threat Group - any formal or informal ongoing inmates’ group, gang, organization or association consisting of three or more members falling into one of the following basic categories: street gangs, prison gangs, outlaw gangs, traditional organized crime, aboriginal gangs, subversive groups and terrorist organizations. e. Subversive Group - a group of persons that adopts or advocates subversive principles or policies tending to overthrow or undermine an established government. f. Terrorist Group - a group of persons that commits any of the following: piracy and mutiny in the high seas or in the Philippine waters, rebellion or insurrection, coup d’état, murder, kidnapping and serious illegal detention, crimes involving destruction, arson, hijacking, violation of laws on toxic substances and hazardous and nuclear waste control, violations of atomic energy regulations, anti-piracy and anti highway robbery, illegal and unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunitions or explosives. g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies are considered far outside the mainstream attitudes of the society or who violates common moral standards and who has adopted an increasingly extreme ideals and aspirations resorting to the employment of violence in the furtherance of his/her beliefs. h. Medium Risk Inmates -those who represent a moderate risk to the public and staff. These inmates still require greater security, control and supervision as they might escape from and might commit violence inside the jail. i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who have lesser tendencies to commit offenses and generally pose the least risk to public safety. In most cases, they may be first time offenders and are charged with light offenses.  REQUIREMENTS FOR COMMITMENT No person shall be committed to any jail facility without the following required documents: a. Commitment Order; b. Medical Certificate - recent medical certificate taken within 24 hours prior to admission; c. Complaint/Information; d. Police Booking Sheet; and e. Certificate of Detention from PNP and/or NBI.  RECEPTION PROCEDURES GATER - He or she checks the credentials of the person bringing the inmate/the committing officer to determine his/her identity and authority. Also, he or she reviews the completeness of the following documents before the person bringing an inmate/the committing officer is allowed to enter the facility. The documents mentioned earlier refer to the: 1.Commitment Order; 2. Medical Certificate – recent medical certificate taken within 24 hours prior to admission; 3.Complaint/Information; 4.Police Booking Sheet; and 5. Certificate of Detention from PNP and/or NBI. RECORDS UNIT- This unit examines the completeness and authenticity of the requirements for Commitment (Commitment Order, Booking Sheet, Arrest Report and Information) before it refers the inmate for physical examination by the Health Unit. HEALTH UNIT: Checks the authenticity of the entries in the medical certificate; conducts thorough physical examination of the inmate to determine his or her true physical condition; and asks searching questions to determine injury/injuries found to have been sustained by the inmate after the conduct of medical examination or those injuries not diagnosed prior to commitment in jail. In case of any discrepancy found during physical examination but same discrepancy is not indicated in the medical certificate, the committing officer shall be required to secure another medical certificate of the inmate. If no discrepancy is found during physical examination, the inmate shall be referred back to the Records Unit. RECORDS UNIT 1. Start the booking procedures: a. Accomplish the jail booking sheet; b. Strip-search the inmate to check for any birth marks, tattoos, etc; c. Encode the inmate's information to the NIMS; d. Fingerprint and photograph the inmate with mug shot background; and e. List the names of the visitors authorized by the inmate. 2. Apprise the inmate in a dialect that he/she understands of the provisions of Art 29 of the RPC which was further amended by R.A. 10592; Facilitate the signing of the Detainee’s Manifestation if he/she agrees to abide by the same disciplinary rules imposed upon convicted inmates. Otherwise, the warden issues a certification under oath manifesting that the inmate was apprised of the provision of Art 29 of the RPC as amended and refused to abide by the same; and PROPERTY CUSTODIAN 1. Checks the inmate’s belongings for presence of contraband. Discovery of any contraband shall be treated in accordance with existing policies. 2. Takes all cash and other personal properties from the inmate, lists them down on a receipt form with duplicate, duly signed by him/her and countersigned by the inmate. The original receipt should be given to the inmate and the duplicate be kept by the Property Custodian. 3. Keeps all cash and other valuables of the inmate in a safety vault. Said cash and valuables may be turned over to any person authorized by the inmate. 4. Refers the inmate to the desk officer. DESK OFFICER - books the newly committed inmate in the jail blotter; assigns the inmate to a reception area, if any, where he/she shall be scheduled for orientation on jail rules and regulation, and shall undergo risk assessment and classification, evaluation and conduct of further medical evaluation/screening by the Medical Officer ASSISTANT WARDEN OR OFFICER OF THE DAY - Orients the newly committed inmates on jail rules and regulations using the Inmate’s Orientation Sheet. JAIL WARDEN - Coordinates with concerned agencies regarding the case of inmate for speedy disposition and to furnish them with copies of the available needed documents.  CLASSIFICATION BOARD Each jail shall maintain a classification board, if facilities and personnel are available, to be composed of the following: Chairperson - Assistant Warden Member - Chief, Custodial/Security Office Member - Medical Officer/Public Health Officer Member - Jail Chaplain Member - Inmates Welfare and Development Officer  CLASSIFICATION PROCESS 1. Admission of Inmate Once the inmate has undergone the registration process; he/she will be temporarily housed at the Inmate Classification and Counseling Unit (ICCU) in jails where it is available. The inmate shall stay at the ICCU for a minimum period of thirty (30) days but not exceeding sixty (60) days or until the completion of the classification process. At the ICCU, the newly committed inmate will undergo assessment by the different health professionals. 2. Medical Examination 3. Dental Examination 4. Psychological Examination 5. Social Case Study - The jail social worker at the ICCU shall conduct in-depth interview with the newly admitted inmate, an interview that considers the "who the inmate is" from birth up to the present including his/her familial, educational, social, vocational and other issues that has an impact on his/her personality. 6. Risk Assessment - A risk assessment tool shall be utilized to determine the level of violence/risk the inmate poses, either external or internal. 7. Psychiatric Evaluation - to determine the present mental state of the inmate and to diagnose any existing psychiatric illness for further treatment 8. Case Management -The case manager shall be responsible for the consolidation of all the results and shall make the proper decision as to the classification of the inmates and the identification development programs for each inmate. 9. Inmate Orientation and Counseling - inmate shall be oriented on the basic jail rules and regulations. 10. Inmate Evaluation and Classification - inmate will now be classified based on the level of risk and present physical, mental and emotional state. 11. Proper Cell Assignment and Development Plans 12. The newly committed inmate is encouraged to participate in the recommended development programs. 13. Monitoring  DISCIPLINARY BOARD Chairperson - Assistant Warden Member - Chief, Custodial/Security Office Member - Medical Officer/Public Health Officer Member - Jail Chaplain Member - Inmates Welfare and Development Officer Member - Inmates’ Representative If the above composition is not feasible because of personnel limitation, the warden shall perform the board’s functions and he shall act as the summary disciplinary officer.  AUTHORIZED DISCIPLINARY ACTIONS/MEASURES FOR INMATES 1. For Detainees: a. Admonition or verbal reprimand; b. Restitution or reparation; c. Temporary or permanent cancellation of all or some recreational privileges; d. Reduction of visiting time; e. Close confinement in a cell for a period not exceeding seven (7) days in any calendar month, provided that this disciplinary action shall be imposed only in the case of an incorrigible inmate, and when other disciplinary measures had been proven ineffective; and f. Transfer to another BJMP jail in the area, in coordination with the Court. For Prisoners: a. Admonition or verbal reprimand; b. Restitution or reparation; c. Additional job functions/community service within the jail premises; d. Temporary or permanent cancellation of some or all recreational privileges; e. Reduction of visiting time; f. Close confinement in a cell for a period not exceeding seven (7) days in any calendar month, provided that this disciplinary action shall be imposed only in the case of an incorrigible inmate, and when other disciplinary measures had been proven ineffective; g. Transfer to another BJMP jail in the area in coordination with the Court; h. Suspension of visiting privileges for a period not exceeding one (1) month, provided that this sanction shall not apply to the lawyer, physician or religious minister serving the needs of the prisoner. i. Permanent cancellation of visiting privileges with respect to persons not included in the definition of immediate family under RA 7438, provided that this sanction shall not apply to the lawyer, physician or religious minister serving the needs of the prisoner. In addition to the above-mentioned punishment, the disciplinary board may recommend to the warden partial or full forfeiture of good conduct time allowance (GCTA) to be earned for a particular month and subsequent months depending upon the gravity of the offense.  MODES AND GUIDELINES FOR RELEASE An inmate may be released through: a. Service of sentence; b. Order of the Court; c. Parole; d. Pardon; and e. Amnesty.  Before an inmate is released, he/she shall be properly identified to ensure that he/she is the same person received and is subject of release. No inmate shall be released on a mere verbal order or an order relayed via telephone. Upon proper verification from the court of the authenticity of the order, an inmate shall be released promptly and without unreasonable delay; Under proper receipt, all money earned, other valuables held and entrusted by the inmate upon admission, shall be returned to him/her upon release; a The released inmate shall be issued a certification of discharge from jail by the warden or his/her authorized representative  PROCEDURE ON RELEASING 1. Desk Officer Upon receipt of release order, the desk officer shall coordinate with the paralegal officer for verification of the authenticity of said order. 2. Paralegal Officer Verifies the authenticity of the release order. 3. Records/Admin Officer a. Starts processing inmate’s release. b. Checks inmate records to ensure that the data in the release order coincide with the data in the inmate’s carpeta (spelling of name, offense, Criminal Case Number, etc.). c. Checks that the inmate has no other pending case/s. d. Routes the release paper to different signatories. 4. Property Custodian 1. Checks on the receipt of property and returns to the inmate his/her deposited items. 2. Makes sure that returned items of the inmate are duly received and properly recorded. 5. Desk Officer Records the release of inmate and the condition of the inmate upon his/her release. 6. Jail Warden Reports to concerned agencies/persons the release of inmate for aftercare program.  DUTIES AND FUNCTIONS OF THE DISCIPLINARY BOARD The Board is tasked to investigate the facts of an alleged misconduct referred to it. It shall hold sessions as often as necessary in a room, which may be provided for the purpose. All cases referred to it shall be heard and decided within forty-eight (48) hours from the date of receipt of the case.  PROCEDURES IN THE HEARING OF DISCIPLINARY CASES Note: Upon submission of the complaint to the desk officer, he/she will submit a written report to the warden and the latter will direct the investigation unit to conduct an investigation within 24 hours. If no sufficient ground – warden will dismiss the case If minor violations – warden If less grave or grave violations – warden will endorse it to disciplinary board for hearing, or decide it in himself/herself as summary disciplinary officer in the absence of the latter Decisions of the board are subject to review and approval by the warden whose decision should be final and executory.  PUNISHABLE ACTS 1. MINOR OFFENSES: a. Selling or bartering with fellow inmate(s) those items not classified as contraband; b.Rendering personal service to fellow inmate(s); c. Untidy or dirty personal appearance; d. Littering or failing to maintain cleanliness and orderliness in his/her quarters and/or surroundings; e. Making frivolous or groundless complaints; f. Taking the cudgels for or reporting complaints on behalf of other inmates; g. Reporting late for inmate formation and inmate headcount without justifiable reasons; and h. Willful waste of food. 2. LESS GRAVE OFFENSES: a. Failure to report for work detail without sufficient justification; b. Failure to render assistance to an injured personnel or inmate; c. Failure to assist in putting out fires inside the jail; d. Behaving improperly or acting boisterously during religious, social and other group functions; e. Swearing, cursing or using profane or defamatory language directed at other persons; f. Malingering or pretending to be sick to skip work assignment; g. Spreading rumors or malicious intrigues to besmirch the honor of any person, particularly BJMP personnel; h. Failure to stand at attention and give due respect when confronted by or reporting to any BJMP personnel; i. Forcing fellow inmates to render personal service to him/her and/or to others; j. Exchanging uniforms or wearing clothes other than those issued to him/her for the purpose of circumventing jail rules; k. Loitering or being in an unauthorized place; l. Using the telephone without authority from the desk officer/warden; m. Writing, defacing, or drawing on walls, floors or any furniture or equipment; n. Withholding information, which may be inimical or prejudicial to the jail administration; o. Possession of lewd or pornographic literature and/or photographs; p. Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason; and q. Failure to turn over any implement/article/s issued after work detail. 3. GRAVE OFFENSES: a. Making untruthful statements or lies in any official communication, transaction, or investigation; b. Keeping or concealing keys or locks of places in the jail which are off- limits to inmates; c. Giving gifts, selling, or bartering items with jail personnel; d. Keeping in his/her possession money, jewelry, cellular phones or other communication devices and other items classified as contraband under the rules; e. Tattooing others or allowing him/her to be tattooed on any part of the body, or keeping any paraphernalia to be used in tattooing; f. Forcibly taking or extorting money from fellow inmates and visitors; g. Punishing or inflicting injury or any harm upon himself/herself or other inmates; h. Receiving, keeping, taking or drinking liquor and prohibited drugs; i. Making, improvising or keeping any kind of deadly weapon; j. Concealing or withholding information on plans of attempted escapes; k. Unruly conduct and flagrant disregard for discipline and instructions; l. Escaping, attempting or planning to escape from the institution or from any guard; m. Helping, aiding or abetting others to escape; n. Fighting, causing any disturbance or participating therein and/or agitating to cause such disturbance or riot; o. Indecent, immoral or lascivious acts by himself/herself or others and/or allowing himself/herself to be the subject of such indecent, immoral or lascivious acts; p. Willful disobedience to a lawful order issued by any BJMP personnel; q. Assaulting any BJMP personnel; r. Damaging any government property or equipment; s. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or perversion of legal procedures as a mock court by the inmates in a jail/prison; t. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate themselves from others; u. Failing to inform the authorities concerned when afflicted with any communicable disease, such as tuberculosis, sexually-transmitted diseases, etc.; v. Engaging in gambling or any game of chance; w. Committing any act which violates any law or ordinance, in which case, he/she shall be prosecuted criminally in accordance with law; and x. Committing any act prejudicial to good order and discipline.  INMATES COUNT It is imperative that at specified times during each 24-hour period, all inmates are physically counted. For this type of count, the general procedures are as follows: a. Count each inmate physically at specified times or as necessary; b. During the count, ensure that all movements of inmates are stopped until the count is completed; c. The count must be accurate. Make a positive verification to ascertain that the inmates are physically present. Refrain from conducting a count on the basis of only having seen any part of his clothing, hair or shoes; d. Submit a report of each count of a group of inmates to the warden and/or assistant warden (officer of the day); and e. If the total jail count does not tally with the total jail population at any given time, conduct another count. Render an immediate report to the warden and/or assistant warden (officer of the day) relative to any unaccounted inmate. NOTE: Conduct regular count of inmates at least five to six (5-6) times within a 24-hour period and strictly implement the established procedures in counting inmates  RULES TO BE FOLLOWED WHEN TRANSPORTING INMATES NOTES: Whenever possible, transfer shall only be made during daytime; Long distance transport of one (1) or more inmates shall be escorted by a minimum of three (3) escort personnel and a back-up vehicle, if available; The most direct and shortest route to the destination shall be taken and no deviation shall be allowed except when security consideration requires otherwise; Team leader of the escort personnel must be equipped with a two-way radio and/or a mobile phone; Using rented vehicle shall not be allowed when transporting inmates; Escort personnel shall be the first ones to disembark from the vehicle and shall position in a safe distance to ensure clear vision of disembarking inmates. However, when boarding the vehicle, it should be the inmate who shall first board the vehicle;  Escort personnel are justified in using deadly force to protect themselves and/or the inmate/s from ambush or any deadly attack while in transport; Maximum security measure shall be observed at all times in providing escort to high risk, high profile inmates and VEO’s following the ratio of one is to one plus one escort supervisor; The driver shall not leave the vehicle while in court or other authorized destination and be watchful of any suspicious individual; To avoid unnecessary stops while in transit, inmates should have relieved themselves from personal necessity;  CONDUCT OF BODY SEARCHES ON JAIL VISITORS PURPOSE AND SCOPE This SOP aims to provide adequate safeguards against the introduction of contraband into jail facilities and to establish guidelines for different types of searches. All searches should be conducted in a professional manner, without violating the legal rights of visitors/inmates and with due respect and regard to human dignity PAT/FRISK SEARCH - is a search wherein the officer pats or squeezes the subject’s clothing to attempt to detect contraband. For same gender searches the Pat/Frisk search is normally accomplished in concert with Rub Search. RUB SEARCH - is a search wherein the officer rubs and/or pats the subject’s body over the clothing, but in a more intense and thorough manner. In a rub search, the genital, buttocks, and breast (of females) areas are carefully rubbed-areas, which are not searched in a frisk/pat search. Rub searches shall not be conducted on cross-gender individuals. STRIP SEARCH - is a search, which involves the visual inspection of disrobed or partially disrobed subject. VISUAL BODY CAVITY SEARCH - is a search, which involves the inspection of the anus and/or vaginal area, generally requiring the subject to bend over and spread the cheeks of the buttocks; to squat and/or otherwise expose body cavity orifices.  GREYHOUND FORCE It aims to eliminate in all BJMP manned facilities any form of contrabands that could have adverse implications on overall administration of the facilities and to ultimately establish order in all jails, promote operational efficiency and encourage adherence to prescribed operating policies.  QUICK RESPONSE TEAM (QRT) It is created purposely to respond immediately and efficiently and to contain, control, and solve in the shortest possible time any form of jail incidents/disturbance while waiting for the arrival of reinforcement from the National/Regional STAR team/s and friendly forces. Shall be under the command and control of the jail warden, or in his absence, the assistant warden or the most senior JCO/JNCO.  NATIONAL INMATES’ MONITORING SYSTEM (NIMS) A dynamic stand-alone client application software is used in Bureau of Jail Management and Penology (BJMP) Jails nationwide in automating the inmates’ records. BUCOR MANUAL  PURPOSE OF CONFINEMENT a. to segregate him from society; and b. to rehabilitate him so that upon his return to society he shall be a responsible and law-abiding citizen.  BASIC PRINCIPLES a. Seek to promote discipline and to secure the reformation and safe custody of inmates. b. Shall be applied impartially, without discrimination on grounds of race, color, sex, language, religion or other opinion, national or social origin, property, birth or other status. c.Shall be enforced with firmness but tempered with understanding.  DEFINITION OF TERMS "CARPETA" refers to the institutional record of an inmate which consists of his mittimus/commitment order, the prosecutor's information and the decision of the trial court, including that the appellate court, if any; "PRISON RECORD" refers to information concerning an inmate's personal circumstances, the offense he committed, the sentence imposed, the criminal case numbers in the trial and appellate courts, the date he commenced service of his sentence, the date he was received for confinement, the place of confinement, the date of expiration of his sentence, the number of previous convictions, if any, and his behavior or conduct while in prison. ADMISSION AND CONFINEMENT OF INMATES Reception and Diagnostic Center; functions. — There shall be a Reception and Diagnostic Center (NOW DRD) in every prison which shall receive, study and classify inmates and detainees committed to the Bureau. Quarantine. — Upon admission in the Reception and Diagnostic Center, an inmate shall be placed in quarantine for at least five (5) days during which he shall be — a. given a physical examination to determine any physical illness or handicap or mental ailment and to segregate those suspected of having an infectious or contagious disease. If found sick, the inmate shall be immediately confined in the prison hospital; b. oriented with prison rules; and c. interviewed by a counselor, social worker or other program staff officers. The interview shall be conducted in private. Assignment of inmate. — After the quarantine period, the inmate shall remain in the Reception and Diagnostic Center for a period not exceeding fifty-five (55) days where he shall undergo psychiatric, psychological, sociological, vocational, educational and religious and other examinations. The results of said examinations shall be the basis for the inmate's individualized treatment program. Thereafter, he shall be assigned to a prison facility as may be recommended by the Chief of the Reception and Diagnostic Center  ADMISSION OF INMATES An inmate shall be admitted in the Reception and Diagnostic Center of a prison upon presentation of the following documents: a. Mittimus/Commitment Order of the court; b. Information and Court decision in the case; c. Certification of detention, if any; and d. Certification that the case of the inmate is not on appeal. A female inmate shall be received only at the CIW.  REGISTRATION BOOK A prison shall keep abound registration book wherein all commitments shall be recorded chronologically. The register shall contain the following entries: a. Name of the inmate; b. Reason for commitment and the authority therefor; c. Sentence; d. Date and hour of admission; and e. Date and hour of discharge or transfer and basis therefor.  THE CLASSIFICATION PROCESS DIAGNOSIS – inmates case history is taken and his personality is studied TREATMENT PLANNING – formulation of tentative treatment program best suited to the needs of the person EXECUTION OF TREATMENT PROGRAM – actual application of the treatment program RE-CLASSIFICATION – process of monitoring the response of the prisoner to the treatment program and conduct review to the previous finding compared to new information available. THE RDC STAFF AND THEIR FUNCTIONS Psychiatrist — examines the prisoner and prepares an abstract of his findings. The abstract includes a brief statement of the mental and emotional make-up of the individual with particular reference to abnormalities of the nervous system and the presence of psychoses, psychopathic behavior, neurotic tendencies, paranoid trends and other special abnormalities. Psychologist — interviews the man and administers tests. The psychological abstract presents a statement of the psychologist's findings with regard to the mental level, general and special abilities, interests and skills of the prisoner. Sociologist — the prisoner is interviewed by the sociologist. Additional information is obtained through correspondence with the prisoner's friends, relatives, and social agencies. Education Officer or Counselor — the prisoner is interviewed by the educational officer in order to determine his educational strengths and weaknesses and to recommend suitable educational program for him. Vocational Counselor — the vocational counselor, by interview, obtains a record of the man's former employment and tests the man to determine his general and special abilities, interests and skills. The Chaplain - The inmate is interviewed by the Chaplain and he is encouraged to participate in religious worship. Medical Officer — a complete physical examination is given each inmate at which time his medical history is obtained. The examination covers the major organs of the body, such as the lungs and the heart, and includes tests of the blood and sense organs. Custodial-Correctional Officer — the Chief of the correctional unit prepares the custodial officer's abstract which includes all significant observations made by the correctional officers of the inmate's behavior and interactions to various situations in the dormitory, place of recreation, work assignments, etc.  CLASSIFICATION OF INMATES Classification Board. — Every prison shall have a Classification Board that shall classify inmates in accordance with this Chapter. The Board shall be composed of the following: Chairman: Superintendent Vice-chairman: Chief, Reception and Diagnostic Center Members: Medical Officer Chief, Education Section Chief, Agro-Industries Section Secretary: Chief Overseer  INMATES; HOW CLASSIFIED Inmates shall be classified as to security status and as to entitlement to prison privileges. CLASSIFICATION OF INMATES AS TO SECURITY RISK An inmate shall be assigned to any of the following security groups: A. MAXIMUM SECURITY — This shall include highly dangerous or high security risk inmates as determined by the Classification Board who require a high degree of control and supervision. Under this category are — i. those sentenced to death; ii. those whose minimum sentence is twenty (20) years imprisonment; iii. remand inmates or detainees whose sentence is twenty (20) years and above and those whose sentences are under review by the Supreme Court or the Court of Appeals; iv. those with pending cases; v. recidivists, habitual delinquents and escapees; vi. those confined at the Reception and Diagnostic center; vii. those under disciplinary punishment or safekeeping; andviii. those who are criminally insane or those with severe personality or emotional disorders that make them dangerous to fellow inmates or the prison staff. B. MEDIUM SECURITY — This shall include those who cannot be trusted in less-secured areas and those whose conduct or behavior require minimum supervision. Under this category are — i. those whose minimum sentence is less than twenty (20) years imprisonment; ii. remand inmates or detainees whose sentences are below twenty (20) years; iii. those who are eighteen (18) years of age and below, regardless of the case and sentence; iv. those who have two (2) or more records of escapes. They can be classified as medium security inmates if they have served eight (8) years since they were recommitted. Those with one (1) record of escape must serve five (5) years; and v. first offenders sentenced to life imprisonment. They may be classified as medium security if they have served five (5) years in a maximum security prison or less, upon the recommendation of the Superintendent. Those who were detained in a city and/or provincial jail shall not be entitled to said classification. C. MINIMUM SECURITY — This shall include those who can be reasonably trusted to serve their sentences under less restricted conditions. Under this category are — i. those with a severe physical handicap as certified by the chief medical officer of the prison; ii. those who are sixty-five (65) years old and above, without pending case and whose convictions are not on appeal; iii. those who have served one-half (1/2) of their minimum sentence or one-third (1/3) of their maximum sentence, excluding Good Conduct Time Allowance (GCTA) as provided in Chapter 4, Part III hereof; and iv. Those who have only six (6) months more to serve before the expiration of their maximum sentence.  COLOR OF UNIFORM AS TO SECURITY CLASSIFICATION The color of the uniform of an inmate shall be based on his security classification, as follows: a. Maximum security — tangerine b. Medium security — blue c. Minimum security — brown d. Detainee — gray  CLASSIFICATION OF INMATES AS TO ENTITLEMENT TO PRIVILEGES Inmates shall be classified as follows to determine their entitlement to prison privileges: a. Detainee; b. Third Class inmate — one who has either been previously committed for three (3) or more times as a sentenced inmate,except those imprisoned for non-payment of a fine and those who had been reduced from a higher class; c. Second Class inmate — a newly arrived inmate; an inmate demoted from first class; or one promoted from the third class; d. First Class inmate — one whose known character and credit for work while in detention earned assignment to this class upon commencement of sentence; or one who has been promoted from the second class; e. Colonist.  PRIVILEGES OF A COLONIST A colonist shall have the following privileges: a. credit of an additional GCTA of five (5) days for each calendar month while he retains said classification aside from the regular GCTA authorized under Article 97 of the Revised Penal Code; b. automatic reduction of the life sentence imposed on the colonist to a sentence of thirty (30) years; c. subject to the approval of the Director, to have his wife and children, or the woman he desires to marry, live with him in the prison and penal farm. Transportation expenses of the family going to and the discharge of the colonist from the prison and penal farm shall be for the account of the government. The family may avail of all prison facilities such as hospital, church and school free of charge. All the members of the family of a colonist shall be subject to the rules governing the prison and penal farm; d. as a special reward to a deserving colonist, the issuance of a reasonable amount of clothing and ordinarily household supplies from the government commissary in addition to free subsistence; and e. to wear civilian clothes on such special occasions as may be designated by the Superintendent.  INMATES WHO ARE SPOUSES Husband and wife inmates may be allowed to serve their sentence together in a prison and penal farm as soon as both are classified as colonists.  REVOCATION OF COLONIST STATUS The grant of colonist status may, for cause, be revoked at any time by the Superintendent with the approval of the Director.  TRANSFER OF INMATES Transfer of inmate to another prison. — An inmate may be transferred by the Director upon the recommendation of the Superintendent concerned to another prison facility to bring said inmate closer to his family or as part of his rehabilitation program. Transfer of insane inmates. — An inmate who has been confirmed to be mentally abnormal or insane may be transferred to a mental hospital with the approval of the Director. Transfer of inmates to a provincial jail and vice versa. — The President of the Philippines may direct, as the occasion may require, the transfer of inmates from a national prison to a provincial jail, or vice versa. The expenses for such transfers shall be borne by the Bureau except the cost of escort service which shall be provided by the Philippine National Police.  OUTSIDE MOVEMENT OF INMATES Movement of inmate outside confinement facility The Superintendent of a prison may authorize an inmate to be taken out of prison in the following instances: a. to appear in court or other government agency as directed by competent authority; b. for medical examination/treatment or hospitalization in an outside clinic or hospital; or c. to view the remains of a deceased relative Outside movement of death convict. — A death convict shall not be allowed to leave his place of confinement except for the urgent treatment or diagnosis of a life-threatening or serious ailment, if the diagnosis cannot be done or the treatment provided in the prison hospital. Basis of court appearance. — The court appearance of an inmate shall be based on a subpoena issued by the court as endorsed by the Director. APPLICATION TO VIEW THE REMAINS OF A DECEASED RELATIVE; SUPPORTING DOCUMENTS A minimum or medium security inmate may, upon written application, be allowed by the Superintendent to view the remains of the following relatives upon written application and submission of the original or certified true copies of the death certificate, the burial permit and the documents specified hereunder: a. Wife or husband (marriage certificate); b. Child (birth certificate of child and marriage certificate of the inmate); c. Brother/sister (birth certificate of brother/sister and birth certificate of the inmate); d. Father/mother (birth certificate of the inmate); e. Grandchild (birth certificate of grandchild and of the latter's parent who may be son or daughter of the inmate); f. Grandparent (birth certificate of the inmate and of his/her parent who is the son/daughter of the deceased grandparent).  DURATION OF PRIVILEGE The inmate may be allowed more or less three (3) hours to view the deceased relative in the place where the remains lie in state but shall not be allowed to pass any other place in transit, or to join the funeral cortege.  DISTANCE OF TRAVEL The privilege may be enjoyed only if the deceased relative is in a place within a radius of thirty (30) kilometers by road from the prison. Where the distance is more than thirty (30) kilometers, the privilege may be extended if the inmate can leave and return to his place of confinement during the daylight hours of the same day. RIGHTS AND PRIVILEGES OF AN INMATE Rights of an inmate. — An inmate shall have the following basic rights: a. to receive compensation for labor he performs; b. to be credited with time allowances for good conduct and loyalty; c. to send and receive mail matter; d. to practice his religion or observe his faith; e. to receive authorized visitors; f. to ventilate his grievances through proper channels; and g. to receive death benefits and pecuniary aid for injuries.  PRIVILEGES OF AN INMATE The following privileges shall also be extended to an inmate: a. Attend or participate in any entertainment or athletic activity within the prison reservation; b. Read books and other reading materials in the library; c. Smoke cigar and cigarettes, except in prohibited places; d. Participate in civic, religious and other activities authorized by prison authorities; and e. Receive gifts and prepared food from visitors subject to inspection.  RIGHTS OF A DETAINEE A detainee may, aside from the rights and privileges enjoyed by a finally convicted inmate, wear civilian clothes and to grow his hair in his customary style.  PRISON LABOR Prison labor of finally convicted inmate. — A finally convicted able bodied inmate may be required to work at least eight (8) hours a day, except on Sundays and legal holidays, in and about the prison, public buildings, grounds, roads, and other public works of the national government. In the interest of the service, however, they may be required to work on excepted days. Prison labor of detainee. — A detainee may not be required to work in prison. However, he may be made to police his cell and perform such other labor as may be deemed necessary for hygienic or sanitary reasons. Female inmate. — A female inmate shall only be assigned to work on jobs suitable to her age and physical condition. She shall be supervised only by women officers. Old inmate. — An inmate over sixty (60) years of age may be excused from mandatory labor. Place of work assignment. — Only medium and minimum security inmates may be assigned to work in agricultural field projects within a prison reservation. Maximum security inmates shall not be allowed to work outside the maximum security compound.  COMPENSATION CREDITS Inmate compensation. — Six (6) months after being permanently assigned to work in prison, an inmate may receive compensation credits at rates to be prescribed by the Director, provided: a. He maintains good conduct; and b. He shows interest and a definite degree of progress in the particular work assigned to him  WITHDRAWAL OF EARNINGS The inmate may, at any time, withdraw from his compensation earnings in an amount not exceeding one-half (1/2) of his total earnings. However, in cases of urgent need and at the discretion of the Superintendent, the whole of his earnings may be withdrawn. But he may, at any time, withdraw any part or all monies received from other sources.  INMATE COMMUNICATION Right to communicate. — An inmate shall have the right to communicate or correspond with persons and organizations and to send and receive letters, packages, books, periodicals and other materials that can be lawfully sent by mail. Collection and delivery of mail. — The mail officer shall collect and deliver mail matters on a daily basis, Monday through Friday. An inmate shall be advised to claim his mail if he fails to claim his letter within twenty-four (24) hours after it is received in prison. Expenses for special delivery of mail. — Inmates shall be allowed to send letters by registered, certified, stamped or special delivery at their expense Use of telephone. — All offender who demonstrates good behavior shall earn one telephone call to an authorized individual every ninety (90) days. In such a case, the telephone call shall be monitored and shall have a duration not exceeding five (5) minutes. When making the call, the inmate shall identify himself as an inmate.  GUIDELINES ON CENSORSHIP OF MAIL MATTER The sending and receiving of mail by all inmates shall be governed by the following guidelines: a. Inmate mail shall be secured until such time that the censors are ready to examine them. b. Inmate mail shall be opened and searched by qualified, trained and authorized personnel. c. Gr