0% found this document useful (0 votes)
3 views

Ic

sec 35

Uploaded by

Mae kaye Batalla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
3 views

Ic

sec 35

Uploaded by

Mae kaye Batalla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 9

SEC. 35.

CUSTODY, SECURITY AND CONTROL


A. Each jail shall, as much as practicable, maintain the following minimum standards with
regard to security of the facility:
to seestablished seculiy perimeter, In every jail, there shall be a defined, controlled security
perimeter;
1. A secured office for personnel;
2. A secured visiting area for inmates' visitors;
3. A secured multi-purpose area for inmates' activities and an area for
livelihood activities;
4. Armory and storage lockers for inmates' valuable items and other
equipment;
5. Operational closed circuit televisions (CCTV) strategically mounted to
monitor jail premises and all activities therein;
6. A two-way communication system to be used by the officer of the day,
supervisor, desk officer and other personnel on duty; and
7. Equipment necessary to sustain operability of utilities, communications,
security and fire protection equipment at all times.
B. To ensure that minimum standards in security and control are maintained, the following
policies, guidelines and procedures shall be strictly implemented in all jail facilities:
1. Each newly admitted inmate shall be thoroughly searched for weapons and
other contraband immediately upon arrival in the facility;
2. All inmates must be searched thoroughly by the duty personnel whenever
they enter or leave the security areas;
3. Conduct surprise searches on inmates and inspection of their quarters and
other areas accessible to inmates at least once a week to detect and flush out contraband;
4. Maintain an updated written emergency operations plan such as but not
limited to natural and man-made calamities and other jail disturbances. These plans must be
made known to and understood by jail personnel through the conduct of regular dry runs;
5. Maintain a journal of activities, emergency situations and unusual incidents;
6. Maintain a key control center for storing keys that is inaccessible to inmates
and unauthorized persons. There shall be an accounting system for issuing and returning of
keys. There shall be a reporting system for documenting and repairing broken or
malfunctioning keys or locks. Inmates shall be prohibited from handling jail security keys;
7. There shall be one (1) full set of duplicate keys, secured in a place
accessible only to jail personnel for use in the event of an emergency. These keys shall be
marked for easy identification during adverse conditions;
8. Continuous in petitoad maintenance of all locks. Replace locks as often as
possible and never allow inmates to install locking system in the cell gates and to possess
their own padlock for purposes of locking themselves in their cells that will cause delay for
personnel conducting regular cell search and inspection;
9. Maintain strict control of firearms such as, but not limited, to the following:
intended for inmates' activities;
a. Never all civy personnel with firearms on areas of inmates and/or in any area

• Never allow inmates in the workplace of personnel or in areas where


firearms are authorized; and
• Secure firearms and anti-riot equipment in the armory located within easy
reach of jail personnel in case of emergencies but not accessible to inmates.
1. All firearms, ammunition, chemical agents, related security and emergency
equipment must be inventoried and tested at least quarterly to determine their condition and
expiration dates, as the case may be. This shall include regular inspection of fire
extinguishers and other detection and suppression systems available;
2. All tools, toxic, corrosive and flammable substances and other potentially
dangerous supplies and equipment shall be stored in a locked area which is secure and
located outside the inmate's area. Tools, supplies and equipment which are particularly
hazardous shall be used by inmates only under direct supervision;
3. Conduct daily inspections of all security facilities (i.e. closed circuit
televisions, ceilings, window grills, iron bars, etc.) and document all findings. Any tampering
or defects detected must be reported in writing to proper authority for immediate action;
4. Regular conduct of "guard mounting" for all "incoming duty" of the
Custodial Unit and for the members of Escort Unit before their assumption of duty to remind
and update them of the policies/guidelines pertaining to security and control;
5. Conduct regular count of inmates at least five to six (5-6) times within a 24-
hour period and strictly implement the established procedures in counting inmates (See
Section 35). Personnel conducting the count shall record the result;
6. Prohibit inmate's visitor to stay inside jail premises beyond authorized
visiting period regardless of any reasons; (Refer to ANNEX "B")
7. Inmates shall be supervised at all times whenever they are outside their
cells;
8. Never allow any personnel under the influence of intoxicating beverage to
enter the jail facility or to perform an official duty;
9. Carefully select the inmates to be utilized as jail aide and maintain rigid
control over their activities. Never allow inmate to be utilized for any janitorial services at jail
offices, restricted areas, and/or for errands outside the jail premises. In no case shall an
inmate be allowed to perform clerical duties or to have access to personnel files and other
official documents;
10. Never allow a jail officer to render successive shifts of duty except in cases
of emergencies;
11. Never allow jail personnel to open inmates quarters alone. At least one (1)
other jail officer should be present and guarding the gate;
12. Inmates should be taken out of jail only upon written order of the Court;
13. Ensure that all vehicles and persons entering the jail premises are properly
searched in accordance with the existing policies/procedures;
auement and ansure that eadh pet e ventering of ght shit dutes has one t, mashigny
nightstick/baton and whistle; and
24. As regard the use of force:
a. Use of force shall be limited to instances of justifiable selfdefense,* prevention of
self-inflicted harm, protection of others, prevention of riot, commission of a crime, escape or
other jail disturbance and to controlling or subduing an inmate who refuses to obey a lawful
command or order;
• Use of force shall be limited to the amount of force necessary to control a
given situation and shall include a continuum of escalating force levels;
• An examination and/or treatment by health personnel shall be provided to
prisoners or staff involved in a use of force incident when there is obvious physical injury or
there is a complaint of injury or request for medical attention; and
• Use of force incidents shall be recorded and reviewed by the Warden.
SEC. 26. DUTIES AND FUNCTIONS OF THE DISCIPLINARY BOARD
The Board is tasked to investigate the facts of an alleged misconduct referred to it. It shall
hold sessions as often as necessary in a room, which may be provided for the purpose. All
cases referred to it shall be heard and decided within forty-eight (48) hours from the date of
receipt of the case.
SEC. 27. AUTHORIZED DISCIPLINARY ACTIONS/MEASURES FOR INMATES - The
Board is authorized to impose any of the following disciplinary ACTIONS/MEASURES:
1. For Detainees:
• Admonition or verbal reprimand;
• Restitution or reparation;
• Temporary or permanent cancellation of all or some recreational privileges;
• Reduction of visiting time;
• Close confinement in a cell for a period not exceeding seven (7) days in any
calendar month, provided that this disciplinary action shall be imposed only in the case of an
incorrigible inmate, and when other disciplinary measures had been proven ineffective; and
• Transfer to another BJMP jail in the area, in coordination with the Court.
2. For Prisoners:
• Admonition or verbal reprimand;
• Restitution or reparation;
• Additional job functions/community service within the jail premises;
• Temporary or permanent cancellation of some or all recreational privileges;
• Reduction of visiting time;
• Close confinement in a cell for a period not exceeding seven (7) days in any
calendar month, provided that this disciplinary action shall be imposed only in the case of an
incorrigible inmate, and when other disciplinary measures had been proven ineffective;
• Transfer to another BJMP jail in the area in coordination with the Court;
• Suspension of visiting privileges for a period not exceeding one (1) month,
provided that this sanction shall not apply to the lawyer, physician or religious minister
serving the needs of the prisoner.
• Permanent cancellation of visiting privileges with respect to persons not
included in the definition of immediate family under RA 7438, provided that this sanction
shall not apply to the lewyer, physician or religious minister serving the needs of the
prisoner.

In addition to the above-mentioned punishment, the disciplinary board may recommend to


the warden partial or full forfeiture of good conduct time allowance (GCTA) to be earned for
a particular month and subsequent months depending upon the gravity of the offense.
SEC. 28. LIMITATIONS ON DISCIPLINARY PUNISHMENT FOR INMATES - The
Disciplinary Board shall consider the following limitations when imposing disciplinary
punishment:
• No female inmate shall be subjected to any disciplinary punishment which
might affect her unborn or nursing child;
• No infirm or handicapped offender shall be meted out punishment, which
might affect his/her health or physical well-being;
• Corporal punishment, confinement in dark or inadequately ventilated cells
and any form of cruel, unusual, inhuman or degrading punishment are absolutely prohibited;
• When necessary, the jail physician shall visit the detainee/prisoner
undergoing punishment and shall advise the warden of the need for the termination of the
punishment imposed upon the inmate on grounds of the inmate's physical or mental health;
• Instruments of restraint, such as handcuffs, leg irons and straitjackets are
not to be applied as a form of punishment. They shall only be used as a precaution against
escape and on medical grounds to prevent an offender from injuring himself or others;
• Breaches of discipline shall be handled without anger or emotionalism and
decisions shall be executed firmly and justly; and
• As a general rule, any violation of jail rules and regulations or misconduct
committed by the inmate shall be dealt with accordingly. In extreme cases where the
violation necessitates immediate action, the warden or the officer of the day may administer
the necessary restraints and report the action he or she has taken to the disciplinary
SEC. 29. PROCEDURES IN THE HEARING OF DISCIPLINARY CASES - The following
procedures shall be followed in the hearing of disciplinary cases:
• The aggrieved inmate or any person (visitor, inmate or personnel) reports
the violation to the Desk Officer;
• The desk officer shall immediately submit a written report to the warden and
the latter shall direct the Investigation Unit to conduct an investigation within twenty-four (24)
hours upon receipt of the directive. The Investigation Unit shall submit to the Warden their
report together with their recommendations;
C. The warden shall evaluate the report and if he/she believes that there is no sufficient
eVidence to support the alleged violation, he/she shall dismiss the case. If he/she believes
that sufficient evidence exists, he/she shall decide the case and impose the necessary
penalty in case of minor violations. If the offense is less grave or grave, he/she shall endorse
it to the disciplinary board for hearing or decide it himself/herself as a in his or her capacity
as summary disciplinary officer in the absence of a disciplinary board;
• The inmate shall be confronted with the reported violation and asked how
he/she pleads to ine charge. if he/she admits the violation or pleads guity, the Board or the
Warden, as the case may be. shal impose the corresponding authorized disciplina he arion s
• If the inmate denies the charge, a summary hearing shall be held giving the
opportunity for

both parties to present their testimonies and those of their witnesses, if any, and to present
evidence to shed light on the case;
• After the hearing, the board shall decide with the merits of the case as
bases;
• Whether the inmate is found guilty or not, he/she should be advised to obey
the rules and regulations strictly and be reminded that good behavior is indispensable for
his/her early release and/or the granting of privileges; and
• Decisions of the Board are subject to review and approval by the warden
whose decision should be final and executory.
SEC. 30. PUNISHABLE ACTS - An inmate is strictly prohibited from committing any of the
following
acts:
1. MINOR OFFENSES:
• Selling or bartering with fellow inmate(s) those items not classified as
contraband;
• Rendering personal service to fellow inmate(s);
• Untidy or dirty personal appearance;
• Littering or failing to maintain cleanliness and orderliness in his/her quarters
and/or surroundings;
• Making frivolous or groundless complaints;
• Taking the cudgels for or reporting complaints on behalf of other inmates;
• Reporting late for inmate formation and inmate headcount without justifiable
reasons; and
• Willful waste of food.
2. LESS GRAVE OFFENSES:
• Failure to report for work detail without sufficient justification;
• Failure to render assistance to an injured personnel or inmate;
• Failure to assist in putting out fires inside the jail;
• Behaving improperly or acting boisterously during religious, social and other
group functions;
• Swearing, cursing or using profane or defamatory language directed at
other persons;
• Malingering or pretending to be sick to skip work assignment;
BJMP personnel;
g. Spreading rumors or malicious intrigues to besmirch the honor of any person, particularly
BJMP personnel;
• Failure to stand at attention and give due respect when confronted by of
reporting to any
• Forcing fellow inmates to render personal service to him/her and/or to
others; circumventing jail rules;
J. Exchanging uniforms or wearing clothes other than those issued to him/her for the
purpose of
k. Loitering or being in an unauthorized place:
1. Using the telephone witraut authority from the desk officer/warden;
• Writing, defacing, arion, which malls, foos or any fumiture or equipment;
• Withholding in ematir pornography beentire or prejudicial to the jail
administration;
0. Possession of level, brigade, place ofterature and/or photographs;
reason; and
P. Absence from cell, brigade, place of work during headcount, or at any time without
justifiable

q. Failure to turn over any implement/article/s issued after work detail.


3. GRAVE OFFENSES:
a.
Making untruthful statements or lies in any official communication, transaction, or
investigation;
• Keeping or concealing keys or locks of places in the jail which are off-limits
to inmates;
• Giving gifts, selling, or bartering items with jail personnel;
• Keeping in his/her possession money, jewelry, cellular phones or other
communication devices and other items classified as contraband under the rules;
• Tattooing others or allowing him/her to be tattooed on any part of the body,
or keeping any paraphernalia to be used in tattooing;
• Forcibly taking or extorting money from fellow inmates and visitors;
• Punishing or inflicting injury or any harm upon himself/herself or other
inmates;
• Receiving, keeping, taking or drinking liquor and prohibited drugs;
• Making, improvising or keeping any kind of deadly weapon;
• Concealing or withholding information on plans of attempted escapes;
• Unruly conduct and flagrant disregard for discipline and instructions;
I. Escaping, attempting or planning to escape from the institution or from any guard;
• Helping, aiding or abetting others to escape;
• Fighting, causing any disturbance or participating therein and/or agitating to
cause such disturbance or riot;
• Indecent,immoral or lascivious acts by himself/herself or others and/or
allowing
himself/herself to be the subject of such indecent, immoral or lascivious acts;
• Willful disobedience to a lawful order issued by any BJMP personnel;
• Assaulting any BJMP personnel;
• Damaging any government property or equipment;
• Participating in kangaroo court, an unauthorized or irregular court
conducted with disregard for or perversion of legal procedures as a mock court by the
inmates in a jail/prison;
• Affiliating with any gang or faction whose main purpose is to foment
regionalism or to segregate themselves from others;
• Failing to inform the authorities concerned when afflicted with any
communicable disease, such as tuberculosis, sexually-transmitted diseases, etc.;
• Engaging in gambling or any game of chance;
• Committing any act which violates any law or ordinance, in which case,
he/she shall be prosecuted criminally in accordance with law; and
• Committing any act prejudicial to good order and discipline.
Any personnel, especially warden, found to be allowing and tolerating any violation mentione
above will be immediately relieved from his/her designation
without prejudice to his or her being
administratively charged.
1.
2. Generally, all personnel should be equipped and clothed with BJMP CORE
Values;
3. Custodial personnel shall render the maximum of 8 hours of operational
tour-of-duty daily;
4. No personnel shall render less than 50 hours of official tour-of-duty weekly;
5. No personnel shall be allowed 1-day duty with 2-days off; or 2-day-duty with
3-day-off; or weekly straight duty, especially in far flung jail units;
6. No personnel shall be permitted, allowed or authorized by the warden to act
as his personal body guard or as Intel officer without approval by higher headquarters. The
designation of personnel as personal body guard or intel officer of the warden, if any, shall
be covered by a "Letter Order" and not by a "unit office order only;
7. In-coming duty custodial shall be present 30 minutes before the turn-over to
pave the way for "guard mounting activity;"
8. No personnel shall leave his/her post unless properly relieved. All out-going
personnel shall wait for his/her reliever and the completion of the turn-over before going out;
9. Before the accounting of inmates, greyhound should be conducted, if
necessary. Facility check shall be religiously done. This includes thorough inventory of
firearms for fire power, check of vans for mobility, grills, padlocks, restraining devices, gates
and walls to ensure safety and prevent possible escapes by inmates;
10. During the accounting of inmates both in-coming and out-going shift
supervisors and all members of the in-coming custodial personnel shall personally account
the inmates;
11. Accounting of inmates shall be done at least 6 times in a day. No personnel
shall carry his gun while in the designated "No Firearm" Zone inside the jail facility. No
personnel shall enter the jail building
Jail Management and Penology Page 53;
unless accompanied by his buddy; BJMP Comprehensive Operations Manual 2015 Edition
Bureau of
1. It is a must for the in-coming desk officer to check "previous entries" in the
Logbook as some important details or information might have been forgotten by the out-
going desk officer to relay to the in-coming team;
2. Personnel manning designated posts shall stay in his/her post for the most
of their 8-hour tour-of-duty. Only when he/she has to relieve himself that he/she is allowed to
leave his post but shall
return immediately:
13. Personnel shall be vigilant at all times. No personnel take a nap or sleep while on his/her
post

especially during 3rd shift duties or during unholy hours;


1. Shift supervisors shall conduct hourly inspection to ensure all duty
personnel are intact, present and alert in their designated post. He shall likewise ensure that
no personnel are using cell phone, tablet, i-pads or any gadgets that can disrupt their
attention while on tour-of-duty;
2. Personnel assigned at the main gate of the facility shall be professionally
strict and firm, keen observers of the surrounding and shall open the gate only when safety
is sure. They should see to it visitors allowed to enter or to go out the jail are properly frisked
or inspected and accounted for. They or he/she shall not by themselves or himself/herself
deal with the media but they or he/she shall inform the warden or any authorized officer in
the absence of the warden, for proper action/disposition. They or he/she must ensure that no
inmate shall escape at the gate and no enemy and/or unauthorized person shall enter;
3. Cell control personnel must not allow any inmate to go out except during
IWD activities authorized by the warden. He shall personally open the ceil gates or cells
accompanied by other personnel;
4. Roving guard-personnel shall from time to time inspect the facility building,
walls, grills, and surroundings. They shall assist the IWD personnel during activities of
inmates outside cell;
5. Female searchers shall religiously implement strip searches of visitors
suspected to be couriers of contrabands but shall adhere to existing memos and SOP's as
regards the process;
6. Searchers shall be witty and resourceful in searching for contrabands as
they are cleverly stashed in unassuming items such as in chocolates, toothpastes tubes,
bath soaps, sole of sandals or shoes. etc; BJMP Comprehensive Operations Manual
Revised 2015 Page 54 Bureau of Jail Management and
Penology
1. Searchers shall exercise courtesy to visitors but must be firm in decision
making as regards his/her duty as searcher. Any item he/she has deemed suspicious shall
be disallowed to be brought inside the
2. During visitation of inmates, the shift-in-charge shall assist the cell control
officer who persod are supervises and control the exit of inmates from the cell building
ensuring that only those who called are allowed to go out;
3. Establishes Intel inmate operatives/assets for better monitoring of events or
happenings inside cells. Counter Intel operations to verify and evaluate gathered information
shall be launched accordingly;
4. Practice of and adhere to Jail Officers "COMMON SENSE" and "OPLAN
GREYHOUND" are musts all the among jail officers;
5. Never TRUST inmates. ZERO escape is everybody's business; and
6.
7. 25. To secure IND programs and activities and closely monitor them, close
coordination between the
8. 125. wit tier and the chief security and custodial unit officer is highly
necessary. The notion that IWD
9. programs and activities weaken security is immaterial.
10. 6. Transport:
11. First hour in the morning, as daily routine, official drivers shall observe
12. "BLOW BAGETS" procedures;
• While en route, the driver should not stop in any place along the way
unless, there is a reason to do so. However, he has slow down when approaching check
points or detachments put up by authorities;
• When re-routing is inevitable, the official driver must be familiar with the
street or place he is traversing and must be sure that the route is safe; and
• He must drive at a reasonable speed while transporting inmates. He should
drive carefully, prudently, and defensively all the time.
SECTION 46. SPECIAL TACTICS AND REPONSE (STAR) TEAM
It is an elite tactical unit trained to perform high-risk operations that falls outside the
operational abilities of the regular BMP personnel and is equipped with specialized skills and
sophisticated firearms and equipment. A ready force is composed of highly trained BIMP
personnel and experts in dealing with high risk, high profile inmates and VEO's, as well as in
controlling critical jail disturbance and incidents
provintal offees in big tals with high rite Figh profie Inmates and VEgs, th janls
that are strategically located for the STAR team's immediate response, and in
nearby jalls to whom the STAR team could, during emergency cases, extend assistance to if
the number of its members so warrants.
STAR trained personnel should NEXTHER be assigned individually in jail
NOR be given custodial responsibility. They should be assigned by teams only in places
primordial intent of its creation.
mentioned in the preceding paragraph in order not to defeat the
A. Scope of Jurisdiction
1. The BJMP-NHQ STAR Team shall be under the direct command and
supervision of the Director, Directorate for Operations.
2. The BJMP Regional STAR Team shall be under the direct command and
supervision of the Regional Director.
3. Upon deployment of the STAR Team, commands/orders shall emanatefrom
the Team Leader.

You might also like