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Republic of the Philippines
Department of the Interior and Local Government
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
144 Mindanao Avenue, Quezon City
14 November 2004
BJMPNO
STANDARD OPERATING PROCEDURES
NUMBER 2004-02
Control of Contraband and Physical Evidence
I. REFERENCES
1. BJMP Manual;
2. BJMP Operations Manual;
3. The Comprehensive Dangerous Drugs Act of 2002 (RA 9165);
4. The Revised Penal Code of the Philippines; and
5. Rules on Evidence.
II. PURPOSE
This policy prescribes the standards for the prevention of entry, use
and movement of contraband within the jail premises to protect the public,
employees and inmates.
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III. OBJECTIVES
To classify contraband and evidence according to their operational
1.
implications;
To establish appropriate procedures in the confiscation of contraband
2.
for the safety of the public, employees and inmates; and
To establish a mechanism in the handling and disposal of contraband
3.
and physical evidence.
IV. SCOPE
All contraband shall be confiscated to include, but not limited to, items
possessed by inmates, items intercepted by staff during an attempt to
smuggle them into the facility, or items found in cells and work area.
V. DEFINITIONS
1.
Contraband – any thing prohibited by law and/or forbidden by jail
rules that would pose as security hazards or endanger the lives of
inmates.
2. Physical Evidence – items with evidentiary value used in an
administrative disciplinary proceeding or court proceeding.
VI.
RESPONSIBILITIES
1. The Warden shall ensure the implementation of this policy to include
the provision for safekeeping, storage and disposal means of
contraband and physical evidence.
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2. The
Jail
Security
Unit
shall
develop
implementing
plans
complementary to the “Oplan Greyhound”, particularly adaptable to
individual set up and peculiarities.
3. The Contraband Custodian, who may also act as the Property
Custodian, shall take care of all the contraband confiscated and
turned over to him or her for safekeeping to include valuable
properties of inmates.
4. The Evidence Custodian, who may be one of those assigned in the
Investigation Unit of the jail, shall take care of the physical evidence,
which is connected with alleged criminal acts; and must, therefore, be
treated and stored separately from other contraband.
VII. CLASSIFICATION OF CONTRABAND AND PHYSICAL EVIDENCE
The categories of contraband are, as follows:
1. Weapons, potential weapons
2. Drugs, drug paraphernalia, alcohol and tobacco products
3. Money or other commodities of exchange such as jewelry
4. Appliances and Gadgets
5. Wearing Apparels and Sleeping Paraphernalia
6. Other miscellaneous property
VIII.
PREVENTIVE MEASURES AGAINST CONTRABAND ENTRY
AND KEEPING
1. Search baggage, parcels, purses, and similar items brought into the
facility.
2. All areas accessible to inmates shall be thoroughly searched on a
random and periodic basis at least once every quarter.
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3. Sniffing dogs will be used on a periodic basis in coordination with
government K-9 holders.
4. Inmates who have gone out of the jail shall be searched upon return
to the facility.
5. Monitor on a periodic and frequent basis the telephone and written
communication of inmates, paying particular attention to discussions
of contraband smuggling and other matters that would have
implications on jail security.
6. Written permit and consent for conduct of body search.
IX.
CONFISCATION PROCEDURE
Care will be taken to minimize the probability of employees and
inmates from incurring injury during confiscation of contraband by ensuring
the following:
1.
Plan search every week.
2. Set adequate employee back-up.
3. If an inmate is alone, he shall be ordered to relinquish the item and to
step away.
4. If the inmate shows signs of resistance to the confiscation of the
contraband, the personnel during the confiscation shall immediately
call for employee back-up.
5. Jail personnel shall not engage in a physical struggle with the inmate
to retrieve contraband, especially when he perceives there is a
danger of violence, unless the incident involves a planned use of
force with adequate back-up.
6. If unable to retrieve the contraband from the inmate, apply normal
preventive measures, conduct urinalysis if the item ingested is a
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substance, and raise a misconduct issue against the inmate as
deemed appropriate.
X.
DISPOSAL PROCEDURE
1. Only the Warden may approve the disposal of contraband after an
inmate has exhausted the inmate grievance process or the
disciplinary appeal process.
2. Disposal will take place 30 calendar days after the final resolution.
3. Disposal of any property of value that was seized from a person other
than an inmate will require approval by forfeiture petition from the
court.
4. The Warden will notify the Regional Legal Office upon the seizure of
contraband from a non-inmate at which time the Legal Office may file
a forfeiture petition.
5. Property seized from inmates and not subject to court proceedings
shall be disposed as follows:
A. Weapons
a. Confiscated firearms, unless turned over to another law
enforcement agency to be used as evidence, will be given to
the Warden through the Chief of the Investigation Unit for legal
disposal.
b. Other contraband usable as weapons will be made inoperable
and properly disposed of.
c. Unique or unusual weapons may be salvaged and used for
educational purposes.
d. Keeping of these items requires the written approval of the
Warden as to location of storage and purpose.
e. An inventory of these items will be maintained.
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B. Drugs, Drug Paraphernalia, Alcohol and Tobacco Products
a. Methamphetamine
Hydrochloride
(shabu),
marijuana,
capsules, powders, liquids, drug paraphernalia, and all items
classified under “The Comprehensive Dangerous Drugs Act of
2002” (R.A. 9165), including raw materials, products, and
equipment of any kind that are used or intended for use in
manufacturing, compounding, processing, or delivering any
controlled dangerous substance, will be properly labeled and
accounted for.
b. Intoxicating liquors, cigarettes, and other products that are
considered vices are strictly prohibited.
C. Money or other Commodities of Exchange
a. No inmate shall be allowed to have in his or her possession
money and jewelry.
b. Money and jewelry shall be confiscated and duly turned over
to the Property Custodian for receipting and eventual
safekeeping in a safety vault or box.
c. In case an inmate wants to buy goods from the jail
cooperative, which shall be located outside the jail premises,
deduction from his deposited money may be effected
through a written agreement duly signed with the conformity
of the inmate, the Coop Manager and the Property
Custodian. The inmate, cooperative manager and the
property custodian must affix their signatures to ensure the
transparency of the transaction.
d. Upon release, an inmate, may claim his money and jewelry
from the Property Custodian.
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e. In case of death, the person he/she has designated on the
“Designation for Disposition of Property” form (CS Form-02)
which he/she has filled up during his/her reception will be
provided a written inventory of his/her money and other
belongings held at the facility in person or by registered mail.
f. If money is not claimed within one year, it will be transferred
to the Inmates Welfare and Recreation Fund.
g. Unclaimed properties shall be disposed of within 60 calendar
days.
h. If the inmate escapes, his or her properties will be frozen.
After 60 calendar days, the property shall be disposed of and
proceeds of which, will go to the Inmates Welfare and
Recreation Fund.
D. Appliances and Gadgets
a. Appliances with altered markings are not to remain in the
facility. If the owner could be identified, he will be required to
dispose of the item.
b. Under no circumstances will an item, except fans and
confiscated clothing, be given to an inmate other than the
original owner.
c. Confiscated fans proven to be contraband and for which the
true owner is unidentifiable will be marked by a unique
facility identification number, and may be issued to indigent
inmates for use while assigned to the facility. Prior to transfer
or when no longer needed, the inmate will return the fan to
the Property Custodian.
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d. Cellphones and accompanying kit shall be turned over to the
inmates’ relatives or confidant by the property custodian with
the owner-inmate affixing his/her signature in conformity, the
receiving party in acknowledgement of receipt, and a witness
to the transaction.
E. Wearing Apparel and Sleeping Paraphernalia
a. No inmate shall be allowed to possess items beyond the
maximum allowable quantity prescribed in the attached table
for “Allowable Property for Inmates”.
b. With approval of the Warden, inmates not having personally
owned clothing may receive a set of confiscated clothing
upon discharge.
F. Other Miscellaneous Property
a. Other
contraband
belonging
to
an
inmate
may
be
appropriately disposed of by the inmate by either sending it
home or having a visitor pick it up.
b. Contraband determined by the facility head to be a threat to
the safety or security of the facility, or that serve to promote
vices like gambling may be destroyed.
c. The item will be destroyed if the rightful owner can not be
determined.
d. Contraband will only be destroyed by authorized staff.
e. Contraband may be submitted for public auction by the
Warden if the inmate failed to dispose of his own excess or
unauthorized property within 30 calendar days from the time
he/she was admitted in jail. Monies earned will be deposited
in the Inmate/Staff Welfare and Recreation Fund.
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f. Employees will not be allowed to purchase said property.
g. Unusual items may be retained for training purposes with
approval of the Warden.
XI.
PHYSICAL EVIDENCE
A. Obtaining Physical Evidence
Any evidence connected with an alleged criminal act will be
handled, as follows.
1. The evidence will be identified by a “Contraband/Evidence Tag”
(CS Form-03, attached).
2. Evidence with hard surface (such as knives, stickers, guns, etc.)
will be tagged on the handle or butt area. The person originally
obtaining the evidence will write his initial or an identifying
number in an unobtrusive area for future identification.
3. Drugs or pharmaceuticals that may be used as a court exhibit
will be submitted for laboratory analysis.
4. Evidence prone to contamination will be appropriately bagged to
preserve it.
B. Storage of Physical Evidence
1. The Jail Investigation Unit will ensure proper security in the
storage of evidence.
2. Physical evidence will not be stored with contraband. It will be
stored in a metal, fireproof storage locker and may be
transferred to the agency investigating the incident.
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C. Chain of Custody, Subpoena
Each person removing evidence from the storage container
or possessing evidence at any time will maintain the possession
chain of custody, complete the ”Chain of Custody” form (CS Form04, attached) and will be subject to a subpoena to testify in court
regarding the possession of that evidence.
D. Submission of Physical Evidence for Laboratory Analysis
The procedures for submitting physical evidence for
laboratory analysis will be as follows:
1. Each transfer of the evidence will be indicated on the evidence
tag, listing as to whom the evidence was released and purpose
of the transfer.
2. Only the amount of the item or substance needed for analysis
will be submitted. The remainder of the item or substance will
be maintained in storage. A new chain of custody will be
maintained on the analysis sample.
3. Any item or substance returned from an authorized laboratory
will be placed back in the evidence storage in conformity with
procedures in maintaining the chain of custody.
E. Submission of Physical Evidence for Purpose of Court Exhibit
At any time after the filing of a criminal charge, the Warden
may be required to present the physical evidence. The surrender
of evidence will be noted in the log book, and the possession chain
will cease unless the evidence is returned by the court having
jurisdiction.
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F. Disposition of Physical Evidence
Physical evidence shall be disposed of after conclusion of any
legal proceedings. Videotapes used as evidence of an incident will
be kept for three years after the incident has been resolved prior to
disposal or erasure for reuse. In the event an item exhibited in
court is returned to the facility after final adjudication, it shall be
maintained in storage for a minimum of six months from the date of
return. After the time frame has elapsed, the item will be submitted
to the court having jurisdiction for proper disposal. If the sheriff’s
department chooses not to accept the items, the Warden shall
dispose of the evidence.
XII.
DOCUMENTATION REQUIREMENTS
A. Contraband/Evidence Tags
The following information will be recorded on the
“Contraband/Evidence Tag” (CS Form-03, attached) by any staff
member who discovers the item that has been seized:
1. Control log reference number
2. Number of items tagged
3. Description of item(s) with any identifying marks
4. Location where item(s) was seized
5. Nature of crime/reason for seizure
6. Date and time item(s) was seized
7. Name of person who seized item(s)
8. Personnel and criminal circumstances of the person (inmate)
from whom item(s) was seized
9. If other than inmate and other information
10. Witness(es)
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11. Printed name and signature of officer completing the tag
12. A record of the chain of custody to document each person
handling the item(s).
B. Contraband/Evidence Logs
Contraband and evidence logs will contain the following
information:
1. Original Logging Requirements
a.
Control log reference number
b.
Number of items tagged
c.
Description of item(s), including brand and model
number(s) and any other identifying marks
d.
Location where item(s) was seized
e.
Nature of crime/reason for seizure
f.
Date and time item(s) was seized
g.
Name of person who seized item
h.
Identification of person from whom item(s) was seized
i.
Date, time, and signature of contraband/evidence
custodian receiving the item(s)
2. Removal of Item(s)
a.
Any time an item is removed from the evidence or
contraband area, an entry will be made next to the
original entry with the person’s name removing the
item indicated, purpose of removal, and date and time
removed and returned.
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b.
When the item(s) is finally disposed of, an entry will
be made next to the original entry indicating the date
and time of removal, method of destruction, and name
of
person
destroying
the
item.
The
contraband/evidence tag will be filed and maintained
by the contraband/evidence custodian.
3. Log Storage and Auditing Requirements
XIII.
c.
Jails will maintain separate contraband and evidence
logs.
d.
Evidence logs
containers.
e.
The Warden will ensure that an audit of the evidence
log and contraband log is conducted at least
quarterly. The audit will be conducted by someone
other than the contraband/evidence custodian. All
entries made in the log will be reviewed since the
previous audit.
will
be
stored
inside
evidence
REPEALING
All circulars or issuances which are inconsistent with this directive are
hereby rescinded or modified accordingly.
XIV.
EFFECTIVITY
This policy shall take effect immediately upon approval of the Chief,
BJMP.
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Republic of the Philippines
Department of the Interior and Local Government
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
__________________
(Region)
_____________________
(Jail)
ALLOWABLE PROPERTY FOR MALE INMATES
Name of Inmates ___________________
Date Committed ___________________
ITEM
1.
2.
3.
4.
5.
Shirt (yellow shirt included )/sleeveless
Long pants
Short pants
Underwear
Socks
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Rubber/Leather shoes
Slippers
Light bath towel 24x36 inches
Plastic comb without handle
Pillow
Pillow case
Light blanket 48x52 inches
Mosquito net
Plastic drinking cup
Plastic spoon
Plastic fork
Plastic plate
Toothbrush with 1-inch handle
Soap case
Soap
Shampoo
Toothpaste
Cologne/perfume
Photo album
MAXIMUM ALLOWABLE QUANTITY
10
3 pairs
4 pairs
7 pairs
2 pairs
1 pair
1 pair
1
1
1
1
1
1
1
1
1
1
1
1
1 bar
1 bottle/12 sachets
1 tube
1 bottle
1
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Republic of the Philippines
Department of the Interior and Local Government
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
__________________
(Region)
_____________________
(Jail)
ALLOWABLE PROPERTY FOR FEMALE INMATES
Name of Inmates ___________________
Date Committed ___________________
ITEM
1.
2.
3.
4.
5.
6.
Shirt (yellow shirt included )/sleeveless
Long pants
Short pants
Brassiere
Panty
Socks
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Rubber/Leather shoes
Slippers
Light bath towel 24x36 inches
Plastic comb without handle
Pillow
Pillow case
Light blanket 48x52 inches
Mosquito net
Plastic drinking cup
Plastic spoon
Plastic fork
Plastic plate
Toothbrush with 1-inch handle
Soap case
Soap
Shampoo
Toothpaste
Cologne/perfume
Photo album
Napkin/panty liners
Reading Materials/pocket books
MAXIMUM ALLOWABLE QUANTITY
3
4
7
7
10
pairs
pairs
pairs
pairs
2 pairs
1 pair
1 pair
1
1
1
1
1
1
1
1
1
1
1
1
1 bar
1 bottle/12 sachets
1 tube
1 bottle
1
1 pack/month
2 pieces
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Republic of the Philippines
Department of the Interior and Local Government
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
________________________________
(Region)
____________________________________________
(Name of Jail)
INMATE’S PROPERTY
RECEIPT # _________
____________________
(Date)
Received from
(Last)
(First)
(Middle Name)
Inmate No. _______________ , who is charged with ______________________________________________ ,
the following property / ies:
Unit
Description
(Signature of Receiving Officer)
________________________________
Rank / Designation
ATTESTED:
WITNESSED:
_________________________
(Signature of Inmate)
__________________________
(Signature of Witness)
__________________________
(Name of Witness)
Right Hand Thumb Mark
of Inmate
* To be prepared in duplicate, typewritten of written in ink.
* Property to be returned to the Inmate upon his release.
Page 17 of 65 pages
Republic of the Philippines
Department of the Interior and Local Government
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
__________________________
(Region)
_______________________________________
(Jail)
DESIGNATION FOR DISPOSITION OF PROPERTY
I, ________________________________________, being of sound mind, hereby designate the
following person(s) to receive all of my money and other personal (authorized) property in the
event of my death while incarcerated. I understand that I have the right to change the designee
named
below
at
any
time
during
my
incarceration
with
the
______________________________________. This instrument addresses monies and my
personal property directly under control of the ____________________________________ and
becomes invalid upon my release from the custody of the BJMP.
I also authorize the costs of shipping my property to be withdrawn from my trust account, if
necessary.
1. Designee
________________________________
Name
________________________________
Address
________________________________
Phone
2. Designee
________________________________
Name
________________________________
Address
________________________________
Phone
__________________________
Date
__________________________
Inmate Signature
__________________________
Date
__________________________
Inmate Signature
ACKNOWLEDGEMENT
The foregoing instrument was acknowledged before me this ________________
_______________ by
Date
__________________________
Signature Over Printed Name of Inmate
__________________________
Notary / Administering Officer
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Republic of the Philippines
Department of the Interior and Local Government
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
_____________________________
(Region)
______________________________
(Name of Jail)
CONTRABAND / EVIDENCE TAG
Control Log Reference Number
Number of Items Tagged
Description of Items
Precise Location Where Item was Seized
Nature of Crime / Reason for Seizure
Date Item was Seized
Time Item was Seized
INMATE/DEFENDANT/ACCUSED INFORMATION
NAME
Nature of Offense
1.
2.
If other than Inmate:
Address
Witness / es (if any)
PRINTED NAME and SIGNATURE of
Reporting Officer Completing this Form:
Criminal Case No.
Page 19 of 65 pages
Republic of the Philippines
Department of the Interior and Local Government
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
_____________________________
(Region)
_______________________________________
(Jail)
CHAIN OF CUSTODY
Contraband / Evidence Received By:
Contraband / Evidence Received From:
Date:
Time:
Contraband / Evidence Stored At:
Contraband / Evidence Received By:
Contraband / Evidence Received From:
Date:
Time:
Contraband / Evidence Stored At:
Contraband / Evidence Received By:
Contraband / Evidence Received From:
Date:
Time:
Contraband / Evidence Stored At:
Contraband / Evidence Received By:
Contraband / Evidence Received From:
Date:
Time:
Contraband / Evidence Stored At:
Contraband / Evidence Received By:
Contraband / Evidence Received From:
Date:
Time:
Contraband / Evidence Stored At:
Contraband / Evidence Received By:
Contraband / Evidence Received From:
Date:
Contraband / Evidence Stored At:
Time:
Page 20 of 65 pages
MANUAL ON THE HANDLING OF
HIGH-RISK AND HIGH-PROFILE INMATES
CHAPTER 1
DECLARATION OF POLICY
Section 1: General Provisions
Purpose
This Manual forms as the guideline for BJMP jail administrators/wardens
in the implementation of the policy on Handling High-Profile/Risk Inmates.
Scope and Limitation
1. This Manual serves as the instrument of putting order to the
of handling High-Profile/Risk inmates.
manner
2. This Manual is for the advantage of both jail personnel and inmates.
3. This Manual supports the mission, vision, goals, mandate and
regulations of the Bureau of Jail Management and Penology.
Section 2: Declaration of Policy
BJMP Regional Offices; Provincial Administrator Offices; District, City and
Municipal Wardens are hereby directed to implement the contents of this Manual
for the purpose of institutionalizing the policy on handling High-Profile/Risk
inmates.
All concerned personnel shall serve with utmost professionalism in
observing the standard set by the United Nations in the treatment of prisoners,
particularly in the aspect of respecting the human rights of every inmate in jail.
Page 21 of 65 pages
CHAPTER 2
Significance, Office Primarily Responsible and Definition of Terms
Section 1: Significance
This Manual will benefit all BJMP field offices and units as to guide them in
the proper ways and procedures in the handling of High-Profile/Risk inmates.
Section 2: Office Primarily Responsible (OPR)
1. The BJMP Regional Directors’ Offices shall be the Offices Primarily
Responsible in the implementation of the manual on Handling HighProfile/Risk Inmates in respective regions.
2. It shall also be responsible for correcting what lapses there may be in
the implementation of this Manual.
Section 3: Definition of Terms
Classification
-
Is the system of classification of HighRisk Inmates based on the level of risk in
security.
Control
-
Is the system of containment of HighProfile/Risk inmates to prevent them from
escaping and staging trouble inside the
jail.
Custodial Services
-
Refers to the task, activities and programs
in the custody, security and control of
High-Profile/Risk inmates.
Detention Prisoner\
-
Pertains to a person who is confined in jail
facilities during the pendency of his case
in court or while awaiting judgment.
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Effective
-
Refer to doing the right thing in order to
attain organizational goal and objective of
preventing escapes and disturbances
involving HP/RIs.
Efficient
-
Refer to the capability to do things right in
order to attain organizational goal and
objective of preventing escapes and
disturbances involving HP/RIs using the
minimum amount time and resources
possible.
Escape
-
Refers to the act of breaking out from jail
by the inmate with the purpose of avoiding
punishment of the law or hardships inside
the jail.
Handling
-
Refers to the management, custody,
security, treatment and control of certain
personalities legally held for confinement
inside the jail to prevent from initiating
jailbreak/escape and/or involvement in
any violence or disturbances as the
originator, direct participator or as a
victim.
High-Profile Inmate
(HPI)
-
Refers to a legally detained person,
classified either a security high-risk
prisoner or a low-risk prisoner, prominent /
well known in society or involved in highly
controversial cases and sensationalized
by the media through publication in any
newsprints, radio and television in nationwide coverage in not less than two days,
including but not limited to prominent
politicians, big time drug/gambling lords,
kidnapping
syndicate
leaders,
police/military officers, terrorist group
leaders / members, etc.
Page 23 of 65 pages
High-Risk Inmate
-
Refers to HRI who has the capability and
tendency of escaping and/or involving into
violence or disturbances inside the jail as
observed personally by the jail personnel
and administration.
Inmate
-
Refers to a person being held for
confinement inside the jail either to an
offense charged or for safekeeping
purposes. In this manual, it refers to those
confined at BJMP-controlled jail facilities
and/or PNP Detention/Custodial Unit
either convicted or not.
Low-Risk Inmate
-
Refers to LRI who has no capability and
low tendency of escaping and / or
involving into violence or disturbances
inside the jail as observed personally by
the jail personnel and administration.
Quality
-
Refers to the state of passing the
standards of an effective and efficient
handling of High-Profile/Risk inmates.
Standard
-
Refers to the features of an effective and
efficient handling of High-Profile/Risk
inmates, such as: optimum security
measures, technology, equipment and
facilities;
well-trained
personnel;
dedicated leadership; and humane control
of HP/RIs.
CHAPTER 3
ADMINISTRATION OF JAIL/DETENTION UNIT WITH HP/RIs
Section 1.
Responsibilities of Jail Warden
a. Responsible for the custody, security and control of HighProfile/Risk inmates at all times until released by proper
authorities or transferred to other penal institution or jail.
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b. Responsible for the administration of the jail/detention unit
with HP/RIs and enforcement of pertinent regulations
therein.
c. Responsible for the custody of all records concerning the
HP/RIs.
d. Responsible for the observance of the provisions of Republic
Act 7438 (An Act Defining Certain Rights of Person Arrested,
Detainee or under Custodial Investigation as well as the
Duties of the Arresting, detaining and Investigating officers
and Providing Penalties for Violation thereof).
e. Responsible for the continuous monitoring of the activities of
all HPIs and jail guards on duty and implementation of “no
contact/communication” policy between HP/RIs and jail
guards.
f. Responsible for the supervision jail guards on duty and
implementation of “no long straight duty” policy.
Section 2.
Responsibilities of Jail Guards
a. Responsible for the guarding of HP/RIs and prevention of
their escape.
b. Responsible for not allowing other persons, PNP or BJMP
personnel to communicate with HP/RIs except with written
authority from the jail warden.
c. Responsible for the search of all persons entering the jail
and inspection of all packages being brought inside the jail
or cell of HP/RIs.
d. Responsible for the observance of the provisions of Republic
Act 7438 (An Act Defining Certain Rights of Person Arrested,
Detainee or under Custodial Investigation as well as the
Duties of the Arresting, detaining and Investigating officers
and Providing Penalties for Violation thereof).
e. Responsible for familiarizing the physical identity of all
HP/RIs under his/her watch.
Page 25 of 65 pages
f. Responsible for the protection of HP/RIs against any
harassment, maltreatment and abuses by any jail personnel
or co-inmates.
g. Responsible for not allowing himself to accept straight duty
extending more than four (4) hours.
h. Responsible to train themselves in observing signs of
deterioration in the security system and to report
immediately any weaknesses and threat in jail physical
security.
Section 3.
Responsibilities of Escorts
a. Responsible for the custody of HP/RIs assigned to him while
in transit and outside the jail to attend court hearings.
b. Responsible for the prevention of escape of HP/RIs while in
transit.
c. Responsible for the search of HP/RIs assigned to him and
inspection of all packages/things of HP/RIs while in transit.
d. Responsible for familiarizing the physical identity of all
HP/RIs under his/her watch.
e. Responsible for the protection of HP/RIs against any
harassment, maltreatment and abuses by any jail personnel
or co-inmates while on their custody.
f. Avoid establishing fraternal relationship with the HP/RIs and
accept gifts or anything with value from HP/RIs or HP/RIs
relatives/contacts.
Section 4.
Training
a. No BJMP officers / personnel should be assigned in jails with
HP/RIs without first completed special training on the
handling of High-Profile/Risk inmates and seminar on Quality
Security Procedures and Benchmarking in Custodial
Services.
Page 26 of 65 pages
b. BJMP officers / personnel assigned in jails with HP/RIs shall
be given the priority in attending seminars/training abroad on
jail management and security.
Section 5.
Security Survey and Inspections
a. Security Survey and Inspections shall be conducted every
month in all jails with HP/RIs.
b. All plans for emergency/crisis situation should be operationally
tested and evaluated at least thrice a year.
c. The BJMP Regional Director shall designate Security
Inspector(s) for the purpose of inspecting all district and
municipal jail facilities with HP/RIs. The Security Inspector(s)
shall inspect for compliance with this Manual.
d. The Security Inspection process shall consist of two separate
components: (a) Correctional Operations, and (b)) Medical
Compliance. The criteria for each type of inspection is listed
below:
(1) Correctional Operations Inspection - Inspectors
shall only inspect for compliance with all applicable
correctional operations standards as listed in this
Manual.
(2) Medical Compliance Inspection - Inspectors shall
only inspect for compliance with all applicable medical
standards as listed in this Manual.
e. The Security Inspector(s) will be directly responsible to the
BJMP Regional Director. Security Inspector(s) may confer
privately with any employee or inmate. They shall also have
access to all facility records and areas.
f. Within 5 days of completing an inspection of a facility, the
Security Inspector shall forward a complete official report to the
Jail Warden. The report will contain checklists adequate to
record whether or not the detention facility is in compliance with
respect to the requirements of this Manual. The Jail Warden
Page 27 of 65 pages
shall have 10 days after receipt in which to respond to the
report. A copy of the inspection report and the Jail Warden's
response will then be forwarded to the BJMP Regional Director
within fourteen (14) days of completion. Inspection reports,
responses, and all other reports or documents prepared by the
Security Inspector(s) shall become public records, and shall be
subject to review.
g. Inspection Evaluation Process.
(1) Serious violations.
(a) Serious violations are any violations to the
provisions of this Manual or other conditions, or
practices that appear to pose a substantial and
immediate danger to the life, health or safety of
one or more HP/RIs or jail personnel.
(b) When a facility inspector observes a
serious violation, he/she shall immediately
notify the Jail Warden of the violation and of
he/she duty to correct the violation. The
inspector(s) shall also, within 24 hours of the
time he/she first observes any such serious
violation, prepare and provide the Jail Warden
a special written report describing the violation,
the notification given and the corrective action
required.
(c) The Jail Warden shall ensure corrective
action regarding any such serious violation
within 24 hours. Also, the Jail Warden shall
submit a written report in response to the
serious violation.
(d) The inspector(s) shall re-inspect within 48
hours of the time he/she first observed any
serious violation to determine whether it has
Page 28 of 65 pages
been corrected and shall prepare a written
report of the re-inspection.
(e) The following deficiencies shall be serious
violations and subject to provisions of this
section:
(i.) Failure of the policy and procedure
directives
to
contain:
(a.)
Emergency
Plans;
(b.) Tool, knife, and firearms control
(ii.) Persons assigned to food service areas
known to have or suspected of having
communicable diseases, open wounds, sores
or respiratory infections.
(iii.) Failure to provide modified diet when
ordered by the Health Authority. The facility
inspector will ensure, through review of
medical files or confirmation by a physician,
that denial of such a modified diet would be
immediately detrimental to the health and well
being of the inmate(s).
(iv.) Failure to provide separate storage for
poisons and hazardous chemicals away from
food.
(v.) Failure to establish agreement with one or
more health care providers to provide
emergency services.
(vi.) Failure to maintain first aid supplies on
premises.
(vii.) Failure to have at least one staff member
on duty trained in the delivery of first aid care
and CPR
(viii.) Permitting firearms and ammunition in
secure areas of the facility except in case of
an emergency, and approved by the Jail
Warden .
Page 29 of 65 pages
(ix.) Failure to meet fire, safety, and
prevention standards identified by a fire
inspector as being life threatening.
(2) Notable violations.
(a) Notable violations shall include any
discrepancy to these standards, which is not
included under "Serious Violations".
(b) When an inspector's report indicates one or
more violations, the Jail Warden shall
formulate a "corrective action" plan.
(c) The corrective action plan shall specify, with
respect to each violation, the corrective action
to be taken the timetable for such corrective
action and the resources to be used. The
corrective action plan shall provide for
correction of all violations as soon as
practicable and shall require that substantial
progress toward corrections of discrepancies
be demonstrated within a reasonable time.
h. Regular general jail inspections conducive to good correctional
practice are expected to be conducted.
i.
Each facility shall keep permanent records pertaining to:
(1) Visitation - the name of the HP/RI, date, length of
visit, names of visitors, relationship to HP/RI, visitor's
address, whether contact visit or noncontact visit.
(2) Exercise - the name of the HP/RI, date, time for
exercise, whether it was outdoor or indoor, and if the
inmate refused. In those facilities where access to
exercise is unrestricted, documentation shall be by
exception (i.e., where the inmate is denied exercise).
(c) Medical observation - all pertinent medical
information shall be recorded in the HP/RI's medical
file.
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j.
Policy and procedure directives for the employees and inmates
concerning the operation of each detention facility will be
developed and maintained by each facility. The Jail Warden
shall ensure at least one (1) formal review of his/her jail's
policies and procedures is conducted on an annual basis.
Additionally, employees should certify that they have read and
understand all such applicable policy and procedures on an
annual basis. When conducting detention facilities inspections,
the inspector(s) will examine the content of the directives for
compliance with facility rules and timely updating. The policy
and procedure directives shall include the following:
1.)
Emergency plans in the event of fire, riot, escape,
natural disaster, epidemic disease, and hostage
situations;
2.)
Tool, knife, and firearms control;
3.)
Contraband control;
4.)
Inmate property and "in-cell" belongings;
5.)
Daily log and count procedures;
6.)
Inmate grievances;
7.)
Visiting procedures and control;
8.)
Disciplinary procedures;
9.)
Admission, classification, and release procedures;
10.) Health services;
11.) Food services;
12.) Inmate contact with attorneys, the court, public
officials, and the press;
13.) Supervision of staff;
14.) Care, custody, and control of inmates;
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15.) Provisions for
confinement;
administrative
and
disciplinary
16.) Procedures establishing conditions under which
inmates will be screened and tested for infectious
disease.
CHAPTER 4
CLASSIFICATION OF HIGH-PROFILE/RISK INMATES
Section 1. The BJMP shall adopt the classification system known as
SECURITY RISK FACTOR SCORING (SERIF Scoring) in all
jails/detention facilities with HP/RIs.
Section 2. Identified High-Profile/Risk Security HP/RIs shall be
immediately transferred into more secured detention facilities.
CHAPTER 5
SECURITY PROCEDURES
Section 1. Quality security procedures shall be implemented in all jails
with HP/RIs.
Section 2. No straight duty hours extending four (4) hours should be
allowed to every personnel assigned in jails with HP/RIs.
Section 3. Quality protective locks and key control scheme shall be
established and strictly implemented. A key control system shall
be designed to indicate the location of all keys and locks in the
detention facility. The system will include:
(a) A complete inventory of all keys;
(b) A written report of malfunctioning locks, broken or
lost keys or other safety hazards that are key related;
Page 32 of 65 pages
(c) Absolute control of security keys by correctional
officers and never by inmates;
(d) A full set of emergency keys maintained in a
secure and easily accessible location away from the
detention facility for use in the event of fire or other
emergency;
(e) A key control system which provides a shadow
board or other means of ensuring that staff can
immediately identify missing keys.
Section 4. Audio/video monitoring devices should be installed and
operational in the cells of HP/RIs.
Section 5. Cell phone signal jammer shall be installed inside the jail so
that no one could use cell phones inside the jail facility.
Section 6. Surprise search for contrabands and inspections of cells and
belongings of HP/RIs should be conducted in regular basis.
Section 7. All security facilities such as doors, bars, windows, ceilings,
floors and locks should be examined at least three times a week
to insure that they are in good conditions.
Section 8. The ratio of 1 is to 5-security or 5-man team structure must
be undertaken at all times in escorting High-Profile/Risk inmates.
Section 9. Advance precautionary measures and planning should be
undertaken for HP/RIs escorting and transport.
Section 10. All jail personnel/guards shall be provided with photographs
of all High-Profile/Risk inmates.
Page 33 of 65 pages
CHAPTER 6
MISCELLANEOUS PROVISIONS
Section 1.
Searching newly committed HP/RIs.
a. HP/RIs must be searched immediately for weapons and
contrabands. It is during the first contact with HP/RI that the
greatest caution is needed to prevent surprise and
dangerous acts. Due caution, however, must be exercised
constantly. Searches must be conducted by at least two
people. One person searches while the other person
provides back-up or security.
b. Either the stand-up search or the wall search may be used.
The choice depends on the situation. The search is made
not only of the person, but also of the immediate area. This
prevents the person from grabbing a weapon
c. Searchers must not search a member of the opposite sex.
The searcher must wait until a member of the opposite sex is
available to make the search. If there are no female
searchers available to search a female HP/RI, any qualified
woman, such as a medical professional, can be called on to
conduct the search. A member of either sex can search
items that can be easily removed, such as luggage,
packages, shoes, hat, coat, and handbags.
STAND-UP SEARCH
The stand-up search is a quick search of the inmate for weapons and
contraband. In making the search, the searcher has the inmate stand with his
back to the searcher. The searcher's assistant takes a position where he can
watch the inmate. The searcher commands the inmate to spread his feet and
extend his arms above his head. The searcher then searches the inmate from
head to feet, crushing the clothing to locate any concealed weapons or
contrabands. When the search is complete, flexcuffs or hand irons are put on the
inmate.
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WALL SEARCH
When a weapon is found, or when other factors indicate the need, a wall
search is conducted. By rendering an inmate helpless by placing him in an
awkward position, the wall search affords safety to the searcher. Wall searches
are particularly useful when searching several inmates. Any upright surface can
be used.
To begin the search, the searcher has the inmate face the wall or other
surface and lean spread-eagled against it. The searcher makes sure the inmate's
feet are well apart. The inmate's head must be kept down. The searcher's
assistant stands on the side of the inmate opposite the searcher and to the rear.
When the searcher moves to the other side of the inmate, the assistant also
changes position. The searcher walks around the assistant when changing sides
to avoid coming between the inmate and the assistant guarding the HP/RI.
Page 35 of 65 pages
If the HP/RI resists or tries to escape and must be restrained before the
search is completed, the entire search is repeated from the beginning. If flexcuffs
or hand irons are applied before the wall search is completed, the inmate's
forehead is placed against the wall to provide support in place of the hands.
Flexcuffs or hand irons are applied when the wall search is complete.
When searching two or more inmates, the searcher has them lean spreadeagled against the same wall, but far enough apart so they cannot reach one
another. The searcher's assistant takes a position a few paces to the rear of the
inmates. The searcher begins the search with the inmate on the right. After
searching each inmate, the searcher has him move to the left end of the line and
resume the wall-search position. This keeps the searcher from coming between
the assistant and an inmate.
Section 2. Come-along techniques can be used to move resisting
HP/RIs. The escorting team must be able to move the HP/RI quickly and without
the use of excess force. Flexcuffs or hand irons are placed on resisters before
moving them. This reduces a resister's ability to fight if he or she suddenly tries to
do so.
Page 36 of 65 pages
CARRY METHODS
The two-person carry is the best come-along technique if there are
enough escorts available. This carry avoids injuries caused by excessive lifting. It
also avoids injuries to an inmate. A personnel stands on either side of the inmate
and grasps him under the legs and through his arms and around his back. The
personnel may grasp each other's arms to prevent their hold from slipping. They
also can perform this carry using riot batons. They place one baton under the
legs behind the knees and the other baton horizontally across the back. Both
personnel then grasp the batons, forming a cradle.
Page 37 of 65 pages
The HP/RI may try to resist by stiffening and forcing himself out of the
cradle. To counteract this resistance, one personnel gets behind the inmate and
grasps the HP/RI under the arms. He locks his hands in front of the HP/RI's chest
for a more secure hold. The second personnel stands to one side of the HP/RI
and encircles the inmate's legs at the knees with his arm.
Page 38 of 65 pages
A one-person carry has a disadvantage. It involves lifting considerable
weight. This can tire the carrier quickly or cause a back injury. The escort lifts the
inmate from the rear by grasping him under the arms. The escort locks his hands
in front of the HP/RI's chest. The escort then pulls the inmate backward with the
HP/RI's heels dragging the ground. A riot baton also may be used for this
technique. The escort approaches the HP/RI from behind. He lays the baton to
the side of the HP/RI, slightly behind the inmate's buttocks. He then forces the
HP/RI into a sitting position, reaches under the HP/RI's arms, and picks up the
baton. He then rotates the baton to the front of the HP/RI's chest. He places his
free hand under the inmate's arm and grasps the other end of the baton. Again,
the escort pulls the inmate backward with the HP/RI's heels dragging the ground.
Page 39 of 65 pages
COME-ALONG HOLDS
A come-along hold is used to move an unrestrained, unwilling person from
one place to another. It controls the person's movements without injuring him. A
come-along hold puts pressure on a sensitive part of the body and causes
discomfort. The hold must be executed quickly and with as little commotion as
possible. Speed is essential in applying these holds. Such holds are used only
for short distances until the inmate can be restrained. Each jail personnel must
know which holds are best suited to his capabilities.
Baton as a Restraint and Come-Along
The riot baton may be used as a restraining device and as a come-along
hold at the same time. The jail personnel has the HP/RI cross his hands behind
his back. He slips the HP/RI's hand through the baton's leather thong. He then
twists the baton until the slack in the thong is taken up. The thong can be
Page 40 of 65 pages
tightened or loosened depending on the amount of pressure needed to secure
the HP/RI. With his left hand, the jail personnel grasps the left shoulder or the
clothing over the shoulder of the HP/RI. He pulls the HP/RI slightly backward so
that the HP/RI cannot pull away from the baton end, which is pressed against the
small of the HP/RI's back.
Gooseneck Come-Along
To apply a gooseneck come-along the jail personnel approaches the
HP/RI from the rear. He steps forward with his left foot along the outside of the
inmate's right foot. He grasps the inside of the HP/RI's right arm at the elbow with
his left hand. He then grasps the inmate's right hand with his right hand, placing
his thumb inside the bend of the inmate's wrist and his fingers across the back of
the HP/RI's right hand. With both hands, the jail personnel sharply pulls the
HP/RI off balance and to the rear so the HP/RI's weight falls on the jail
personnel's left shoulder. The jail personnel then bends the HP/RI's right arm at
the elbow and locks the HP/RI's right arm against his chest. He reinforces his
right hand with his left hand, placing both thumbs inside the bend of the wrist and
Page 41 of 65 pages
his fingers across the back of the inmate's hand. He locks both his elbows tightly
to his side and steps up beside the inmate. He applies pressure as he steps up
beside the HP/RI. He presses down on the back of the inmate's hand, bending it
under toward the forearm.
Front Hammerlock
For the front hammerlock the jail personnel faces the inmate. He steps
forward with his right foot to the outside of the HP/RI's right foot. He grasps the
HP/RI's right arm at the elbow with the jail personnel 's right hand palm up. The
jail personnel breaks the HP/RI's balance by pulling the HP/RI's right arm slightly
away from the HP/RI’s body. As he pivots behind the HP/RI, he strikes the
Page 42 of 65 pages
inmate's right wrist with his left wrist and bends the HP/RI's arm to the rear. As
the jail personnel completes the pivot behind the inmate, he drives his left fist
straight up until the inmate's right wrist rests in the bend of the jail personnel 's
left arm. He then rotates his left hand down, grasping the inmate's right elbow.
He pulls the HP/RI's right elbow tightly against his stomach. The inmate may be
leaning forward in this position. The jail personnel completes the hold by
reaching with his right hand over the HP/RI's shoulder and grasping the left side
of the HP/RI's face. The jail personnel applies pressure by turning the inmate's
head to the right, pushing down with his left hand, and pulling up with his left
elbow.
Page 43 of 65 pages
Fingers Come-Along
The fingers come-along is tiring to maintain, but it is extremely useful in
moving an inmate for a short distance. The jail personnel faces the inmate. He
steps forward with his right foot to the outside of the inmate's left foot. As he
steps, he reaches with both hands and grasps the inmate's left wrist with his left
hand. He grasps two or three fingers with his right hand. He then pivots
counterclockwise on his right foot until he is standing beside the inmate. He
thrusts the inmate's arm straight out in front of him at shoulder height,
maintaining a tight grip on the inmate's wrist with his left hand and bending the
Page 44 of 65 pages
inmate's fingers down with his right hand. The jail personnel applies pressure by
keeping the inmate's arm locked straight and by pulling the inmate's fingers
straight back toward the inmate's elbow. This hold can be applied on either hand.
Groin Lift
The groin lift is used to remove a resisting inmate from a wall or move him
through a doorway. The jail personnel approaches the inmate from the rear. He
steps for-ward and places his left foot next to the inmate’s left foot. He grasps the
inmate's left wrist with his left hand, pulling the inmate's hand sharply down
between the inmate's legs. The jail personnel then grasps the inmate's left hand
Page 45 of 65 pages
with his right hand and pulls the inmate's arm up into the inmate's groin. He
reaches with his left hand and grabs the inmate's shoulder or collar. He can then
move the inmate forward or backward by lifting the inmate's arm against the
inmate's groin as he pushes down on the inmate's shoulder with his left hand.
Page 46 of 65 pages
Baton Come-Along
For the baton come-along the jail personnel grasps the center of the baton
with his right hand. He approaches the inmate from behind. He rotates the baton
to a position parallel with his right arm and pointed toward the inmate. He thrusts
the baton between the inmate's legs. He rotates his right hand so that his palm is
turned up. He then pulls back and up, placing the baton across the inmate's
upper thighs.
The jail personnel reaches up with his left hand and grasps the inmate's
collar near the back of his neck. To move the inmate, the jail personnel keeps his
right hand as straight as possible and exerts upward pressure from the shoulder.
Simultaneously, he pushes forward with his left hand. This keeps the inmate on
his toes and off balance to his front.
Page 47 of 65 pages
Hammerlock Come-Along
For the hammerlock come-along the jail personnel holds the baton in his right
hand. He steps forward with his right foot and between the inmate's left arm and
body. As the baton passes to the rear of the the baton passes to the rear of the
inmate's body, the jail personnel pushes up and to the rear. He steps forward
with his left foot to the outside of the inmate's left foot. He then reaches across
the inmate's left shoulder with his left hand and grasps the striking end of the
baton. Pivoting on the ball of his left foot, he moves to the inmate's left rear. At
the same time, he presses down with his left hand on the striking end of the
baton in the direction of the inmate's left front. He also presses up on the grip end
of the baton with his right hand. This bends the inmate well forward at the waist.
Page 48 of 65 pages
After the inmate has been subdued, the jail personnel holds the baton
firmly with his right hand and releases his left hand. He reaches across the
striking end of the baton with his left hand and grasps the right side of the
inmate's face under the jaw bone and forces the inmate's face to the left,
straightening him up. To apply pressure, he presses down on the striking end of
the baton with his left upper arm and pulls up on the grip of the baton with his
right hand.
Page 49 of 65 pages
Section 3. Visiting Privilege
Visits From Family and Friends
Visiting hours and days for inmates family and friends are:
Monday - Thursday 9:00 PM – 11:00 AM
Saturday and
9:00 AM - 11:00 AM
Sunday
1:00 PM - 4:00 PM
No visiting on Friday
All family visits must be arranged through the inmate. The inmate will signup for a visiting time and he or she will notify family and friends of the day and
time. Visitors should arrive no less than 15 minutes before the scheduled visiting
time. Visitors will then be registered. Visitors must follow all jail rules and
regulation and instructions given to them by staff. Visitor rules are noted below.
Rules and Regulations for Visitors
• All visitors and their personal belongings are subject to search
prior to entry into the jail and while in the jail.
• All visitors will pass through the metal detector prior to entering
the visiting area.
• All visitors must provide a valid picture identification. Visitors
without proper identification will not be permitted to visit inmate.
• Only three visitors are permitted per inmate at one time; minors
(under age 18) are not included in this number. The Visitation
Deputy will monitor the visitation area and may limit the number of
visitors if there is insufficient space.
• All minors under the age of 18 must be accompanied by an adult.
Page 50 of 65 pages
• Visitors who appear to be intoxicated or have the odor of alcohol
will be denied access and are subject to arrest.
• Visitors are expected to use trash cans located throughout the
facility and jail supervisors may deny visitation to anyone who
litters.
• Visitors will not bring plants, flowers, excessive amounts of books,
papers or clothing into the visitation area. Personal items brought
into the facility are not the responsibility of the Office of the Jail
Warden.
• Any visitor involved in vandalizing or defacing any part of the jail
property will be prohibited from visiting. The visitor will be held
liable for repairs and subject to prosecution.
• Any visitor bringing drugs, alcohol or any other illegal or
unauthorized items into the jail will be prosecuted.
• Smoking, drinking or eating are prohibited inside the building and
in lobby areas. Jail Supervisor on duty will end a visit immediately if
this rule is violated and future visits may be suspended.
• Picture taking (still or video) is not permitted inside the facility.
• The Jail Warden may permanently deny visitation privileges to
individuals who consistently disregard visiting rules and regulations.
•All visitors shall stay inside the jail facility for the period not more
than one (1) hour.
Section 4. Basic Equipment Requirements
At minimum some form of equipment in each of the following
categories must be made available to jails with HP/RIs:
Page 51 of 65 pages
COMMUNICATIONS
a.
Control Center. At Minimum the jail with High-Profile/Risk
inmates should have at least two phone lines and a Multichannel radio system where by they can communicate with
anyone inside the facility. An Additional phone line should be
included for outside communication.
b.
All Staff. A handheld radio with belt case, each equipped with an
earpiece and two back-up batteries each.
c.
Vehicles. All jail vehicles should be equipped with Mobile Base
Station Radio.
PERSONAL SAFETY EQUIPMENT
a.
Personal Alarm. A remote, belt mounted device, that when set
off by the wearer indicates that there is an emergency in the
section of the facility where the officer is at.
b.
2 Sets of Handcuffs and 1 Oversize Key. Two sets provide
ability to cuff both fighters and/or over-size inmates.
c.
Flashlight. Small extra bright tactical light with red covered lens
and wrist lanyard.
d.
Pepper Spray. For immediate use as self protection and inmate
control.
e.
Handheld spot lights
f.
Shotgun with gas and smoke launching capability
Page 52 of 65 pages
SECURE AREA EXTRACTIONS & RESTRAINT DEVICES
This equipment is specifically designed protective gear for staff who may
have to extract unruly or even psychotic inmates from an area in which they are
already contained:
a.
b.
c.
d.
e.
Clear, Concave Restraint Shield.
Additional Chest, Shoulder and Neck Protective Padding.
2 Sets of Soft Restraints, including padded head gear.
2 Camisole Straight Jackets.
Mobile Restraint Chair.
ESCORT & TRANSPORTATION
Available for use by any staff with Jail Warden Authorization:
a.
b.
c.
d.
e.
6 Leg Irons
6 Spit Hoods
6 Belly Chains
6 Hand / Cuff Shrouds
1 Portable Restraint Chair
HIGH TECH
a.
b.
c.
d.
Fence Motion Sensors
Remote Cameras
Cellphone Jammers
Night Vision and Binoculars for observation posts.
Section 5 MINIMUM CONSTRUCTION STANDARDS
Design Standards - The following design standards are
mandatory for all renovations, remodeling or new
construction of Jails with HP/RIs:
Page 53 of 65 pages
(a) All aspects of design and construction shall
conform to fire and safety standards.
(b) All detention facility designs shall provide for the
maximum visibility of inmates by Custodial officers/
personnel and shall provide for the protection and
safety of the Custodial officers / personnel.
(c) Entry of inmates into a detention facility by vehicle
shall be through a secure vehicular sally port.
(d) Modular construction, other than precast, shall
comply with all safety and building codes.
(e) All exterior confinement walls shall be either 6
inches of poured, reinforced concrete, 4 inches of
precast concrete, or other material deemed secure, or
8 inches of reinforced and filled concrete block. If
concrete block is used, it must be reinforced
horizontally with masonry reinforcing 16 inches on
center and vertically with #4 steel reinforcing rods 16
inches on center and all voids filled with 3,000 PSI of
concrete from top to bottom.
(f) All interior walls surrounding a secure area shall
meet the requirements for exterior walls. Wet areas
shall conform to all safety and building codes.
(g) All walls within a reduced custody housing area
shall be standard masonry construction or other
durable material which provides for a secure exterior
wall.
(h) Ceilings in a secure housing area shall be either
poured or precast concrete. Poured in place concrete
will be a minimum of 4 inches thick and reinforced.
Precast concrete panels will be 5,000 PSI reinforced
concrete and shall be the manufacturer's standard
thickness. Three quarters of an inch of cement plaster
on ribbed metal lathe will be acceptable when the
structural frame and secure walls of the building
restrict escape routes. Cement plaster ceilings are
required to cover pipework, conduit, and ductwork in
areas where accessible to inmates.
Page 54 of 65 pages
(i) Single occupancy cells will be designed with a
minimum of 3 square meters of floor space.
(j) Multiple occupancy cells will be designed with a
minimum of 3 square meters of floor space per inmate
in the sleeping area.
(k) Day room space shall be furnished providing a
minimum of 3 square meters per inmate for all cell
areas, except disciplinary and administrative
confinement.
(l) Open dormitory or reduced custody housing units
shall be designed with a minimum of 3 meters of floor
space per inmate, including both sleeping and day
room area. However, inmates who are allowed out of
their unit for a minimum of 8 hours per day (e.g., work
programs, treatment programs, educational programs,
etc.), may be housed in areas designated with a
minimum of 3 square meters of floor space per inmate
(sleeping and dayroom area included). The
configuration of sleeping areas shall be such as to
afford maximum visibility for the Custodial officers/
personnel.
(m) Cells will be designed to include sufficient space
for seating of inmates. Cells shall be located within
sight or normal sound of an officer at all times.
Inmates in a holding cell shall have reasonable
access to toilet, sink, and drinking water facilities
upon request.
(n) Impervious floors shall be used in all areas.
Suitable floor drains shall be installed so as to control
vandalism.
(o) Provisions shall be made for emergency power to
be constantly available for the purpose of maintaining
essential services, security, and safety systems
throughout the facility.
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(p) Security vestibules are required whenever an
entrance or exit penetrates the secure housing area
or exterior confinement walls. Security vestibule doors
shall be equipped with an interlock device to prohibit
both doors being opened at the same time. Security
vestibule door locks shall be either electrically or
mechanically operated from a control box located
remotely from the vestibule.
(q) Detention facilities shall provide a secure outside
recreation area and multipurpose housing shall
provide space for programs, visiting (including social
and attorney visiting), and inside recreation. There
shall also be adequate areas for medical examination
and for storage of inmate property.
(r) Provision shall be made for secure sensitive
storage and for a safe storage for items such as
chemicals and flammable material.
All furnishings and equipment in secure housing areas
shall be security type.
(a) Tool resistant steel of the latest industry standards
shall be used in all security devices which control
access to the exterior of the facility.
(b) Window sash of all types located in inmates'
secure housing quarters shall be of the security type.
Detention windows, fixed or operable, shall not have a
clear opening width exceeding 5 inches.
(c) Glass and glazing materials shall have the proper
security values for the area in which they are used.
(d) View panels in security areas shall be security
type with security type glazing.
(e) Doors leading into secure housing areas shall be
either a minimum of 12 gauge sound deadened
hollow metal with security glazed viewing panel or bar
grille doors of not less than 7/8" steel bars, round or
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hexagonal spaced 5" on centers. These doors shall
be a minimum of 3 feet wide.
(f) Cell doors shall be a minimum of 2'8" wide. Doors
for single, multiple occupancy or dormitory type cells
shall be of a material and design consistent with the
security requirements of the area. Maximum security
cell doors shall be either 12 gauge sound-deadened
hollow metal with security glazed panel or bar grille
type.
(g) Doors to rooms in a reduced custody area or to
individual cells in direct supervision areas shall be
sound-deadened hollow metal or solid core wood with
viewing panels.
Mechanical systems shall include the following:
(a) Mechanical ventilation of all confinement areas
not having adequate natural ventilation is mandatory.
(b) If natural ventilation is used, the window shall have
a free area equal to one-tenth of the floor space.
Cross ventilation is required.
(c) In secure housing areas, light fixtures shall be
secure and tamper-proof with no exposed electrical
conduit accessible to inmates. All switches and
outlets with inmate access shall have a remote
override.
(d) Single occupancy cells shall have a toilet and
sink. Showers should be located in the day room
area.
(e) Multiple occupancy units, dormitory units, and
direct supervision type housing units shall allow ready
access to toilets, sinks, and showers.
(f) Fixture counts shall be 2 toilets, 2 mirrors, 1
shower, and 2 sinks for each 16 inmates or fraction
thereof. Stainless steel fixtures are recommended.
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(g) Bunks and tables in maximum security housing
areas shall be security type substantially anchored.
(h) Flooding protection. Floor drains in inmate housing
areas and holding cells shall be located to reduce the
incidence of malicious tampering and flooding.
Where practical, a drain shall be located in security
corridors and not inside cells or day rooms.
All facilities shall be architecturally designed to satisfy all of
the requirements of these standards.
CHAPTER 7
FINAL PROVISION
Section 1.
Disciplinary Sanction - Any BJMP officer and personnel who
violated any provision of this rules and regulations shall be
administratively charged.
Section 2.
Separating Clause – In the event that any provision of this Manual
declared illegal, the validity of other provisions shall not be affected
by such declaration.
Section 3.
Effectivity – This Manual shall take effect fifteen (15) days from the
date of publication in BJMP Bulletin Boards.
Approved and signed this 25th day of April 2005 at Quezon City,
Philippines.
Page 58 of 65 pages
Republic of the Philippines
Department of the Interior and Local Government
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
144 Mindanao Avenue, Quezon City
PROJECT TITLE: BJMP KONTRA-BALUKOL CAMPAIGN PLAN
CODE NAME: OPERATION “KONTRA-BALUKOL”
1. REFERENCES:
a. Memorandum dated 28 September 2004, re: Performance Commitment
on Operations Against “Kotong” Jail Personnel.
b. Complaints of inmates against erring personnel.
2. THE PROJECT PLAN
This is a Campaign Plan which aims to purge the ranks of the Bureau of Jail
Management and Penology (BJMP) of misfits particularly those engaged in
extortion activities in jails which is termed as “BALUKOL” in jail parlance. The
campaign plan also aims to eradicate the practice of extorting money by inmates
from newly committed ones (inmates) and such other practices of the same
nature.
3. RATIONALE
As public servants, it is the primary responsibility of the uniformed personnel
of the Bureau of Jail Management and Penology (BJMP) to be accountable at all
times to the general public in all their dealings; discharge their duties with utmost
responsibility, integrity, competence and loyalty, act with patriotism and justice,
lead modest lives and uphold public interest over their personal interests.
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Government entities have hitched into the bandwagon of promoting the
highest ethical and professional standards of its employees since the promotion
of the Moral Recovery Program. Oblivious of the government’s campaign, there
are still those who are directly engaged or indirectly involved in fraudulent
activities that infringe the efforts of preserving the credibility of the organization
and the bureaucracy as a whole.
This plan was therefore devised to delineate stringent measures that would
effectively address these concerns and put things in their proper perspective.
4. OBJECTIVE
This plan aims to ensure adherence to the time-honored principle of “public
office is a public trust” through an intensive and extensive campaign against what
is known in jail term as “BALUKOL”, which involves personnel and inmates alike.
5. MECHANICS OF IMPLEMENTATION
a. Organization
Teams at the national, regional and provincial levels will be organized
and tasked to eradicate extortion practices of inmates and personnel.
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CHIEF, BJMP
DEPUTY CHIEF FOR
OPERATIONS
OPERATION “KONTRA-BALUKOL” MANAGEMENT COMMITTEE
DIRECTOR, DIR FOR HRRM
DIRECTOR, DIR FOR
OPERATIONS
CHIEF, LEGAL SERVICE
BJMP REGIONAL OFFICES
I & I DIVISION
REGIONAL “KONTRA
BALUKOL” TEAMS
BJMP PROVINCIAL OFFICES
PROVINCIAL “KONTRABALUKOL” TEAMS
OPERATION “KONTRA-BALUKOL” ORGANIZATIONAL CHART
Page 61 of 65 pages
b. Duration of the Plan
The implementation of this campaign is continuous and will start on 25
October, 2004.
Feedback machinery will be devised to ensure sustained
adherence of personnel to the guidelines set by the management.
c. Definition of Terms
- Balukol - A jail parlance which stands to denote any illegal activity
carried-out for a desired gain (ill-gotten gains).
- Financial Consideration - Payment in the form of money.
- Personal gain - Gains out of selfish motivations.
- Fraud - Deceitful/deceptive act ( i.e. a fraudulent act).
- Material gain - Anything earned/received not necessarily deserved.
d. Scope of the Plan
The “KONTRA-BALUKOL” campaign shall encompass personnel of the
Jail Bureau. More specifically, the target personalities of this organizationalcleansing scheme are the following:
1.
Those personnel who have committed fraud for a financial
consideration or any form of gain in exchange for favors that infringe or
contradict organizational policies.
2.
Those personnel who have abused their authority or ascendancy
for material gains.
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3.
Those personnel who in one way or the other realized personal
gain that translates to violations of the Code of Conduct and Ethical
Standards of Government Employees.
4.
Personnel identified to be recidivists or have prior derogatory
records relative to the issue.
e. Procedures to Purge Targets
1.
The organized teams will conduct intelligence and entrapment
operations to catch erring personnel red-handed in their anomalous practices.
2. Grievances of inmates against personnel relative to the issue will be
solicited through suggestion boxes which will be made available in every jail.
Relatively, inmates will be provided with paper by the “Kontra-Balukol” teams
for them to write their complaints on. A contact number will also be made
available to enable easy access (through phone call or text message) for
complainants to air their grievances. No informative disclosure about the
complainant’s identity will be required hence enabling the management to
draw more detailed information particularly from inmates who wish anonymity.
3.
The veracity of every complaint must be objectively established first
by the management to enable the tasked team to effectively delineate its
course of action in addressing the situation.
4.
Applicable provisions of Jail Bureau’s administrative disciplinary
machinery shall be in effect in legal action against erring personnel.
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5.
Supervisors should be reminded that neither above nor equal to a
satisfactory rating should be given to personnel found guilty of extortion
activities.
f. Tasking
1. The Legal Service shall ensure that all legal requirements are met to
ensure that the legitimacy of the operations is beyond question.
2. The Directorate for Operations and the Intelligence and Investigation
division at the regional level will be responsible in conducting investigations
and subsequently, the establishment of the validity of each complaint. They
shall then coordinate with the organized teams to establish the mode of
extracting evidence against the subject.
3.
The Directorate for Operations shall turn-over all evidence
seized/gathered to the Regional Intelligence and investigation Division, the
latter being responsible for the filing of appropriate administrative charges and
the presentation of evidence during the course of formal investigation/hearing
of the case.
4. The Legal Service shall give priority importance in monitoring cases
filed with the Regional Hearing Office arising from this “Kontra Balukol
Campaign.”
5. It will be the function of the Directorate for Logistics to ensure the
availability of logistical requirements ranging from lift capability to firepower.
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6. Health Service personnel shall accompany the “Kontra-Balukol” teams
during evidence collection and entrapment operations to ensure timely
medical response in case adverse incidents happen.
6. COORDINATING INSTRUCTIONS
a. Logistical Support
Logistical support for undertakings relative to this program shall be
generated from the Jail Bureau’s concerned entity initiating the activity.
b. Financial Support
Financial support for undertakings relative to the program shall be
sourced internally from the fund of the Jail Bureau’s entity initiating the
activity.
c. Legal Requirements
It has to be made certain that all legal requirements are met to ensure
that the legitimacy of the operation falls beyond question.
d. Implementing Plans
Specific Operational Plan (OPLAN) and Implementing Plan
(IMPLAN) shall be prepared by activity heads relative to this project.
STRIP
FACILITY
SEARCHING
INMATE
SEARCHING-INREPRESENTATIVE
REPRESENTATIVE
ELEMENTS
CHARGE
TASK
FORCE
FRAME
WORK
Page 65 of 65 pages
7. DIRECTION AND CONTROL
The Chief, BJMP in the implementation of this project shall be
assisted by a committee composed of the Deputy Chief for Operations as
chairman with the Directors, Directorate for Operations and Directorate for
Human Resource and Records Management and the Chief of the Legal Service
as members. Through the Directorate for Operations, the committee will provide
the direction and control in the implementation of this project.
It shall however utilize Operations Divisions at Regional Offices for
secretariat functions, primarily to serve as a working staff for the direct
supervision over the implementation of all activities pertinent to the project.
Further, it will be the function of Regional Operations Divisions to inform the
committee through the Directorate for Operations of the developments of the
endeavor.
8. SEPARATING CLAUSE
In the event that any provision of this manual is declared illegal, the validity
of other provisions shall not be affected by such declaration.
9.
EFFECTIVITY
The provisions of this Manual shall take effect fifteen (15) days from the
date of publication in BJMP Bulletin Boards.