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1. CA 1 - INSTITUTIONAL CORRECTIONS Topic No. 8 Bureau of Jail Management and Penology Prof. Christian Mark G. Rey

2. Bureau of Jail Management and Penology

3. Bureau of Jail Management and Penology The Bureau of Jail Management and Penology also referred to as the Jail Bureau was created pursuant to Section 60, RA 6975, and initially consisting of uniformed officers and members of the Jail Management and Penology Service as constituted under PD 765. BJMP is headed by a Chief with the rank of Director who is appointed by the President upon the recommendation of DILG Secretary It is in charge of all District City Municipal Jails nationwide

4. Bureau of Jail Management and Penology Organization of BJMP under RA 6975 The Jail Bureau shall be headed by a Chief who shall be assisted by a Deputy Chief. The Jail Bureau shall be composed of city and municipal jails, each headed by a city or municipal jail warden: Provided that in case of large cities municipalities, a district jail with subordinate jails headed by a District Jail Warden may be established as necessary.

5. Bureau of Jail Management and Penology BJMP Profile

6. Bureau of Jail Management and Penology BJMP PROFILE   As one of the five pillars of the Criminal Justice System, the BJMP was created to address growing concern of jail management and penology problem. Primarily, its clients are detainees accused before a court who are temporarily confined in such jails while undergoing investigation, waiting final judgement and those who are serving sentence promulgated by the court 3 years and below. As provided for under R.A. No. 6975, the Jail Bureau is mandated to take operational and administrative control over all city, district and municipal jails. The Bureau has four major areas of rehabilitation program, namely: Livelihood Projects, Educational and Vocational Training, Recreation and Sports, and Religious/ Spiritual Activities.

7. Bureau of Jail Management and Penology Republic Act No. 6975 otherwise known as the, “Department of the Interior and Local Government Act of 1990” specifically Chapter V Section 60 – 65 provides that the task of jail management and penology shall be the responsibility of the Bureau of Jail Management and Penology (BJMP). Based on this mandate, the BJMP defined its vision, mission, powers, functions, values, objectives and principles as an institution, in a consultative and participatory strategic planning session.

8. Bureau of Jail Management and Penology Subsequently , Republic Act No. 9263 also known as the, “Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004” and its Implementing Rules and Regulations strengthened the provisions of RA 6975, redefined many of the BJMP’s existing policies and restricted the Bureau’s organization. Furthermore, Republic Act No. 9592 approved on May 08, 2009 known as, “An act extending for five (5) years the reglementary period for complying with the minimum educational qualification and appropriate eligibility in the Bureau of Fire Protection (BFP) and the Bureau of Jail Management and Penology (BJMP)”, amending for the purpose certain provision of Republic Act No. 9263 and for other purposes.

9. Bureau of Jail Management and Penology History On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic Act 6975 as a line Bureau under the Department of Interior and Local Government. The Jail Bureau is the upgraded version of its forerunner, the Office of Jail Management and Penology of the defunct PC/INP last headed by BRIG GEN Arsenio E. Concepcion. As mandated by law, the BJMP shall operate under the reorganized Department of the Interior and Local Government. Starting from scratch with 500 personnel in 1991 the BJMP weaned from its mother PC/INP as a mere component to become a full-fledge bureau. DIRECTOR CHARLES S. MONDEJAR took his oath of office on July 1 of 1991 as the first Chief of the Bureau. The Bureau of Jail Management and Penology supervises and controls all district, city and municipal jails.

10. Bureau of Jail Management and Penology Vision: A premier institution highly regarded by society for the secure and humane treatment of Persons Deprived of Liberty (PDL) by its competent and motivated corps.   Mission: To enhance public safety by ensuring humane safekeeping and development of Persons Deprived of Liberty (PDL) in all district, city, and municipal jails for their reintegration to society.   Mandate BJMP is mandated to direct, supervise and control the administration and operation of all district, city and municipal jails nationwide with pronged tasks of safekeeping and development of inmates.

11. Bureau of Jail Management and Penology Functions: In line with its mission, the Jail Bureau endeavors to perform the following -- Formulate policies and guidelines in the administration of all district, city, and municipal jails nationwide; Implement strong security measures for the control of inmates; Provide for the basic needs of inmates; Conduct activities for the development of inmates; Improve jail facilities; and, Promote the general welfare and development of personnel.

12. Bureau of Jail Management and Penology Major Program There are four (4) major programs under the mandate of BJMP and they are the following: Inmates custody, security and control program Inmates welfare and development program Decongestion program Good governance

13. Bureau of Jail Management and Penology Core Programs of BJMP A. Provisions of Basic Needs All PDL under custody are provided with three (3) meals (breakfast, lunch and supper). Adequate supply of potable water is made available to them at all times. Likewise, upon admission, each PDL is issued his or her PDL uniform consisting of the yellow shirt and brown jogging pants. Hygiene kits are also distributed to the PDL on monthly or quarterly basis. Occasionally, the provision of basic needs for the PDL is supplemented by the food and non-food donations from local government units, non-government organizations, business sector and private individuals.

14. Bureau of Jail Management and Penology Core Programs of BJMP B. Health Services Health services for PDL consist of interventions towards the prevention, promotion, treatment of illnesses and rehabilitation. All PDL undergo medical assessment upon admission. During confinement, PDL are provided with health education and counseling, medical consultations, regular health monitoring, and provided medicines subject to availability. To maintain the physical health of PDL, they are allowed daily sunning and physical exercises.

15. Bureau of Jail Management and Penology Core Programs of BJMP C. Educational Program The educational program aims to provide opportunities for PDL to achieve mandatory education. For this reason, BJMP adopted the Alternative Learning System (ALS) of the Department of Education for the PDL to earn their elementary and high school diplomas. Teachers in the jail-based ALS are BJMP Personnel who are professional teachers and trained on the Instructional Method for ALS. In jails where there are no personnel trained to handle ALS classes, the ALS teachers would be coming from the Department of Education. All PDL enrolled in the ALS earn their respective Time Allowance for Teaching, Studying and Mentoring (TASTM) pursuant to RA 10592.

16. Bureau of Jail Management and Penology Core Programs of BJMP D. Skills Training/ Enhancement Program The objective of the skills training program is to equip the PDL with technical/vocational skills which they can use in seeking employment or starting their own business after release from confinement. To make the PDL as competitive as other potential job seekers, the skills trainings preferred are those accredited by the Technical Education and Skills Development Authority (TESDA) so that the PDL will be able to earn National Certifications. Thus, only the PDL who meet the eligibility requirements of the specific skills training program being offered can participate.

17. Bureau of Jail Management and Penology Core Programs of BJMP E. Livelihood Program The livelihood program presents income-generating activities to PDL during their confinement where they are able to earn for their personal upkeep and for financial support to their families. The capital for the livelihood project are either from BJMP for BJMP-funded projects or from the common fund of a group of PDL for non-BJMP funded projects. Examples of continuing and most popular livelihood projects of PDL are bags and purses, bonsai made of beads, pastries, rugs, paper crafts, and wood crafts. To help the PDL earn from these livelihood projects, the jail unit Welfare and Development Officer (UWDO) facilitates the sale of the products in display centers or livelihood caravans organized by the local government units and other service providers. In addition, online or e-marketing of PDL products is also run by the jail unit Welfare and Development Office.

18. Bureau of Jail Management and Penology Core Programs of BJMP F. Behavioral Management/ Modification Program BJMP implements the Therapeutic Community Modality Program (TCMP) to manage and modify behaviors of PDL with the goal of positively changing their thinking and behavior through structured group processes. The program endeavors to teach and model positive thinking, pro-social values, good decision-making, and positive coping. Through the program, PDL are trained on socially acceptable ways of behaving and relating with their fellow PDL and with personnel and visitors thereby fostering a therapeutic jail environment and maintaining a peaceful communal atmosphere.

19. Bureau of Jail Management and Penology Core Programs of BJMP G. Interfaith Program PDL are provided with the opportunity to practice their faith while under custody without discrimination, subject only to usual safety and security measures. The BJMP chaplains and imams provide different religious services such as but not limited to mass celebrations, communal prayers, spiritual counseling, catechism, and others. Religious organizations and their respective ministers/pastors and leaders are accredited by BJMP to facilitate their regular contact with PDL for the provision of religious services.

20. Bureau of Jail Management and Penology Core Programs of BJMP H. Cultural and Sports Program The cultural program aims to promote camaraderie among PDL, encourage the development of self-confidence and sharing of cultural talents as form of positive entertainment. Cultural activities allowed in jails include dance, singing, theatre/drama, and art workshops. Also, through this program, PDL experience some sense of social normalcy through the communal celebrations of socio-cultural events like birthdays, Valentine’s Day, Mothers’ and Fathers’ Day, Christmas, Lent and Easter, Ramadan, local festivals and other similar activities.

21. Bureau of Jail Management and Penology Core Programs of BJMP I. Paralegal Program The main objective of the Paralegal Program is to address the overcrowding in jail facilities. Through the paralegal program, PDL are assisted in availing of the different early modes of release. Regional and jail paralegal officers conduct continuous informative seminars/orientations to PDL on their rights, modes of early release, and other paralegal/legal remedies which can be availed of by them. Other paralegal services include paralegal counseling and case follow-up in the courts by the jail paralegal officers.

22. Bureau of Jail Management and Penology Core Programs of BJMP J. E- Dalaw Program The E-DALAW service is an alternative to the traditional face-to-face visitation between PDL and respective families. This service enables the PDL to connect with his/her family through a supervised video call and chat. The program is conceptualized specifically to cater to PDL whose family members cannot go to the jail for actual visit because of the long distance to the jail from the residence or workplace of the family members. However, in case of jail lockdown by reason of public health emergency where visitation is suspended, all PDL are allowed to use the e- dalaw to communicate with their families on equitable rotation basis.

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

24. Bureau of Jail Management and Penology Classification of Jails District Jail Is a facility or place of confinement for inmates coming from a city or clustered municipalities who are awaiting or undergoing trial or serving sentence of a term of one (1) day to three (3) years. It is headed by Jail Warden/Wardress.

25. Bureau of Jail Management and Penology Classification of Jails City Jail   Is a facility or place of confinement for inmates whose sentenced ranging from one (1) day to three (3) years and for those who awaiting or undergoing trial or waiting for judgment of the court. It is headed by Jail Warden/Wardress.

26. Bureau of Jail Management and Penology Classification of Jails Municipal Jail   Is a facility or place of confinement for inmates whose sentenced ranging from one (1) day to six (6) months and for those who are awaiting or undergoing trial or waiting of judgment of court. It is headed by Jail Warden/Wardress.

27. Bureau of Jail Management and Penology Commitment and Classification of Prisoners and Detainees A person can be committed to jail only upon the issuance of an appropriate order by a competent court or authority so mandated under Philippine laws. This Rule enumerates courts and authorities, and classifies inmates according to the conditions for their commitment.   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.

28. Bureau of Jail Management and Penology Commitment and Classification of Prisoners and Detainees 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.

29. Bureau of Jail Management and Penology Commitment and Classification of Prisoners and Detainees COURTS AND OTHER ENTITIES AUTHORIZED TO COMMIT A PERSON TO JAIL- The following (courts and entities) are 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.

30. Bureau of Jail Management and Penology Classification of inmates in the Bureau of Jail Management and Penology CLASSIFICATION - refers to assigning or to grouping of inmates according to their respective penalty, gender, age, nationality, health, criminal records, etc.

31. Bureau of Jail Management and Penology INMATE Prisoner Detainee Category of inmate Classification of inmates in the Bureau of Jail Management and Penology

32. Bureau of Jail Management and Penology Category of inmate Classification of inmates in the Bureau of Jail Management and Penology INMATES Detainee Prisoner Is an inmate who is convicted by final judgment

33. Bureau of Jail Management and Penology Category of inmate Classification of inmates in the Bureau of Jail Management and Penology is an inmate who is undergoing investigation, trial or awaiting trial or awaiting sentencing. INMATES Prisoners Detainee

34. Bureau of Jail Management and Penology Category of inmate Classification of inmates in the Bureau of Jail Management and Penology Classification of detainee Those who undergoing investigation Those awaiting or undergoing trial Those awaiting final judgment INMATES Prisoners Detainee

35. Bureau of Jail Management and Penology Category of inmate Classification of inmates in the Bureau of Jail Management and Penology INMATES Detainee Prisoner Classification of Prisoners Insular Prisoner Provincial Prisoner City Prisoner Municipal Prisoner

36. Bureau of Jail Management and Penology Classification of Prisoner Insular Prisoner Is one who is sentenced to a prison term of three (3) years and one (1) day to death 2. Provincial Prisoner Is one who is sentenced to a prison term of six (6) months and one (1) day to three (3) years

37. Bureau of Jail Management and Penology Classification of Prisoner 3. City Prisoner Is one who is sentenced to a prison term of one (1) day to three (3) years 4. Municipal Prisoner Is one who is sentenced to a prison term of one (1) day to six (6) months

38. Bureau of Jail Management and Penology Inmates Security Classification High Risk Inmate Refers to an inmate who has a capability and tendency of escaping or getting involved in violence and disturbance inside the jail as observed personally by the jail personnel and the administration (BJMP NCR Operation Memo, 2012)

39. Bureau of Jail Management and Penology Inmates Security Classification 2. High Profile Inmate Refers to a legally detained person, classified as high risk or low risk, prominent, well-known in society or is involved in a highly confidential case or cases and sensationalized by media through publication in newsprint, radio and T.V with nationwide coverage for not less than twenty (20) days, including but not limited to: prominent politicians, big time drug and gambling lords; kidnapping syndicate leaders; police and military officers; terrorist group leaders and members

40. Bureau of Jail Management and Penology Inmates Security Classification 3. Ordinary Inmate Refers to an inmate who is neither high risk nor high profile inmate.

41. Bureau of Jail Management and Penology Inmates Security Classification Color of Uniform The institutional color of the uniform for both prisoners and detainees in any city or municipal jail is yellow.

42. 1. Female inmates The rule is that female inmates and female quarters must be fully separated from male inmates and male quarters, no male inmate may be allowed to enter female quarters and no female inmate may be allowed to enter male quarters. 2. Drug users, Dependents or Addicts Inmates who are officially identified as drug users, dependents or addicts must be separated from other inmates. Their medications, such as sedatives and stimulants may only be prescribed by a qualified physician. 3. Alcoholics As with drug addicts, alcoholics must also be placed in separate quarters. Regular searches are also conducted to ensure that no smuggling of liquor and other intoxicating drinks or products containing alcohol can take place. Inmate with special needs

43. Inmate with special needs 4. Mentally-ill Mentally-ill inmates must be places in separate cells and there must be a facility for violent inmates, such as special restraint rooms. They must be transferred to mental institutions for proper psychiatric treatment 5. Suicidal inmates As the name their category denotes, these inmates need to be given close and constant supervision to prevent suicides and self-mutilations. 6. Handicapped, Aged and infirmed Handicapped inmates are those with physical deformities or disabilities that result in restricted movements. Aged inmates include the elderly and infirmed inmates are those who are sick 7. Non-Philippine citizen inmates This category includes aliens or foreigners

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