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Ca3 Week 5 Notes

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A.

COMMITMENT - means entrusting for the confinement of an inmate to a jail by a competent court or
authority, for the purposes of safekeeping during the pendency of his/her case.

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

REQUIREMENTS FOR COMMITMENT

Commitment Order;

Medical Certificate - recent medical certificate taken within 24 hours prior to admission;

Complaint/Information;

Police Booking Sheet; and

Certificate of Detention from PNP and/or NBI.

Courts and Other Entities Authorized to Commit A Person To Jail - The following (courts and entities) are
authorized to commit a person to jail:

Supreme Court;

Court of Appeals;

Sandiganbayan;

Regional Trial Court;

Metropolitan/Municipal Trial Court;

Municipal Circuit Trial Court;

Congress of the Philippines; and

All other administrative bodies or persons authorized by law to arrest and commit a person to jail.
B. CLASSIFICATION - refers to assigning or to grouping of inmates according to their respective penalty,
gender, age, nationality, health, criminal records, etc.

Categories of Inmates - The two (2) general categories of inmates are:

Prisoner - inmate who is convicted by final judgment.

Detainee - inmate who is undergoing investigation/trial or awaiting final judgment.

Classification of Detainees

Undergoing investigation;

Awaiting or undergoing trial;

Awaiting final judgment.

Classification of Prisoners - The four (4) main classes of prisoners are:

Insular Prisoner - one who is sentenced to a prison term of three (3) years and one (1) day to reclusion
perpetua or life imprisonment;

Provincial Prisoner - one who is sentenced to a prison term of six (6) months and one (1) day to three (3)
years;

City Prisoner - one who is sentenced to a prison term of one (1) day to three (3) years; and

Municipal Prisoner - one who is sentenced to a prison term of one (1) day to six (6) months.

Inmates Security Classification

High Profile Inmate - those who require increased security based on intense media coverage or public
concern as a result of their offense such as but not limited to those who have been involved in a highly
controversial or sensationalized crime or those who became prominent for being a politician,
government official, multi million entrepreneur, religious or cause-oriented group leader and movie or
television personality.

High Risk Inmate - those who are considered highly dangerous and who require a greater degree of
security, control and supervision because of their deemed capability of escape, of being rescued, and
their ability to launch or spearhead acts of violence inside the jail. This includes those charged with
heinous crimes such as murder, kidnapping for ransom, economic sabotage, syndicated or organized
crimes, etc. Also included are inmates with military or police training or those whose life is in danger or
under imminent threat.
High Value Target (HVT) - a target, either a resource or a person, who may either be an enemy
combatant, high ranking official or a civilian in danger of capture or death, typically in possession of
critical intelligence, data, or authority marked as an objective for a mission and which a commander
requires for the successful completion of the same.

Security Threat Group - any formal or informal ongoing inmates’ group, gang, organization or
association consisting of three or more members falling into one of the following basic categories: street
gangs, prison gangs, outlaw gangs, traditional organized crime, aboriginal gangs, subversive groups and
terrorist organizations.

Subversive Group - a group of persons that adopts or advocates subversive principles or policies tending
to overthrow or undermine an established government

Terrorist Group - a group of persons that commits any of the following: piracy and mutiny in the high
seas or in the Philippine waters, rebellion or insurrection, coup-détat, murder, kidnapping and serious
illegal detention, crimes involving destruction, arson, hijacking, violation of laws on toxic substances and
hazardous and nuclear waste control, violations of atomic energy regulations anti-piracy and
antihighway robbery, illegal and unlawful possession, manufacture, dealing in, acquisition or disposition
of firearms, ammunition or explosives.

Violent Extremist Offender (VEO) - a person whose political or religious ideologies are considered far
outside the mainstream attitudes of the society or who violates common moral standards and who has
adopted an increasingly extreme ideals and aspirations resorting to the employment of violence in the
furtherance of his/her beliefs.

Medium Risk Inmates -those who represent a moderate risk to the public and staff. These inmates still
require greater security, control and supervision as they might escape from and might commit violence
inside the jail.

Minimum Risk Inmates (Ordinary Inmates) - those inmates who have lesser tendencies to commit
offenses and generally pose the least risk to public safety. In most cases, they may be first time
offenders and are charged with light offenses.

CLASSIFICATION BOARD - Each jail shall maintain a classification board, if facilities and personnel are
available, to be composed of the following:

Chairperson - Assistant Warden

Member - Chief, Custodial/Security Office

Member - Medical Officer/Public Health Officer

Member - Jail Chaplain

Member - Inmates Welfare and Development Officer


C. DUTIES AND FUNCTIONS OF THE CLASSIFICATION BOARD

The Classification Board is tasked to conduct background investigation of inmates to determine the cell
assignment, the appropriate rehabilitative program, the type of supervision and degree of custody and
restrictions applicable to the inmate/s. The investigation shall focus on the following:

Facts and data of the present case;

Inmate's recent criminal history and the facts about the inmate's attitudes and behavior while confined
in other institutions, if the inmate is a recidivist or a habitual delinquent;

Biography or life history;

Medical History;

Vocational, recreational, educational and religious background/interests; and

Psychological characteristics as evaluated by the psychiatrist and psychologist.

The inmate is required to appear before the Classification Board for validation of his/her profile. Upon
completion of the classification assessment, the inmate is then apprised of his/her cell assignment and
welfare programs appropriate for him/her. He/she is asked if he/she is willing to undergo this program
for his/her own good. If he/she is willing, the Board will see to it that the program planned for the
inmate is followed. Then the inmate is assigned to his/her cell according to the approved classification.

D.CLASSIFICATION PROCESS

Admission of Inmate - Once the inmate has undergone the registration process; he/she will be
temporarily housed at the Inmate Classification and Counseling Unit (ICCU) in jails where it is available.
The inmate shall stay at the ICCU for a minimum period of thirty (30) days but not exceeding sixty (60)
days or until the completion of the classification process. At the ICCU, the newly committed inmate will
undergo assessment by the different health professionals.

Medical Examination - The jail medical Officer or the jail Officer designated nurse of the Health Unit will
conduct a thorough physical examination on the newly committed inmate and will note down significant
bodily marks, scars, tattoos and lesions based on the medical certificate presented by the committing
officer. He or she must ensure that his/her findings are congruent to the medical certificate presented.
Any discrepancy shall warrant further investigation by and reporting of the same to the CHR. Results of
the medical examination shall be recorded and shall bear the signature of the physician or nurse who
conducted the examination. Medical issues will be attended to accordingly.
Dental Examination - The jail dentist shall perform a thorough dental examination and recording of his
or her findings. The record shall bear the signature of the dentist who conducted the examination.
Dental issues that need immediate attention shall be so attended to accordingly.

Psychological Examination - The jail psychologist-in-charge shall conduct psychological examination to


determine the inmate’s psychological state at the time of examination. Results will be recorded in the
psychologist’s logbook or in the health assessment card/HAS and shall bear the signature of the
psychologist who conducted the examination.

Social Case Study - The jail social worker at the ICCU shall conduct in-depth interview with the newly
admitted inmate, an interview that considers the "who the inmate is" from birth up to the present
including his/her familial, educational, social, vocational and other issues that has an impact on his/her
personality. The findings will be recorded and shall bear the signature of the social worker who
conducted the assessment. In jails without ICCU, the interview will be done by the social worker-in-
charge upon the order of the court or as requested by the medical officer, the psychiatrist or the duly
designated jail warden for specific purposes.

Risk Assessment - A risk assessment tool shall be utilized to determine the level of violence/risk the
inmate poses, either external or internal. This will help in the proper classification and segregation of
inmates and in the design of specific development plans.

Psychiatric Evaluation - Using the results of the psychological examination, social case study, and risk
assessment, the psychiatrist conducts a psychiatric evaluation to determine the present mental state of
the inmate and to diagnose any existing psychiatric illness for further treatment. The result will be
recorded and shall bear the signature of the psychiatrist who conducted the examination.

The inmate shall undergo psychiatric evaluation under the following conditions:

The jail psychologist refers the inmate for further evaluation;

The court orders the psychological/psychiatric evaluation of the inmate;

The inmate was/is manifesting behavioral oddities;

The inmate discloses or admits upon inquiry by the admitting health staff that he/she had previous
psychiatric consultation or had undergone psychiatric treatment;

The inmate discloses or admits upon inquiry by the admitting health staff that he/she had attempted to
commit or had committed suicide or that he or she has noticeable body marks or scars indicating history
of suicidal behavior;

The inmate discloses or admits that he or she has a history of recent torture, or he or she has been a
victim of physical abuse or domestic violence;
The inmate discloses upon inquiry by the health staff that he/she has recently ingested/abused illicit
substances or that he or she is an alcohol or other illicit substance dependent;

The disciplinary board referred the inmate for further evaluation and management; and

The inmate is a recidivist for heinous crimes or was charged of a sexual offense or was considered as
violent sex offender. The working diagnosis will be recorded at the inmate’s health assessment card and
the details of the examination will be written in the psychiatrist’s logbook provided by the jail health
unit. Every examination results shall bear the signature of the examining psychiatrist.

8. Case Management - Each inmate will be assigned to a specific case manager who may either be a
psychologist, a social worker or a nurse. The case manager shall be responsible for the consolidation of
all the results and shall make the proper decision as to the classification of the inmates and the
identification development programs for each inmate.

9. Inmate Orientation and Counseling - While undergoing assessment, the inmate shall be oriented on
the basic jail rules and regulations. He/she shall be introduced to the different development programs
that would best promote his/her personal growth. In this phase, the newly committed inmate shall
likewise undergo counseling for him/her to develop better coping skills thereby preventing psychological
imbalance in the early phase of incarceration

10. Inmate Evaluation and Classification - Using the different tools of assessment, the newly committed
inmate will now be classified based on the level of risk and present physical, mental and emotional
state.

11. Proper Cell Assignment and Development Plans - After the inmate has undergone all the
assessments, his/her case manager shall consolidate all the results. Based on the results of the final
evaluation, the inmate may then be assigned to the cell that is deemed best for his/her growth and well-
being.

12. The newly committed inmate is encouraged to participate in the recommended development
programs.

13. Monitoring - After the inmate has been transferred to his/her assigned cell and has been attending
the prescribed development programs, the case manager shall periodically monitor, and change and
enhance inmate's development program/s depending on his or her behavioral progress.
A. RECEPTION PROCEDURES - A decent and humane program of confinement starts with a systematic
reception of inmates for commitment to the BJMP’s jail facilities. The following procedures should
therefore be observed:

1.Gater - He or she checks the credentials of the person bringing the inmate/the committing officer to
determine his/her identity and authority. Also, he or she reviews the completeness of the following
documents before the person bringing an inmate/the committing officer is allowed to enter the facility.

The documents mentioned earlier refer to the:

a. Commitment Order;

b. Medical Certificate – recent medical certificate taken within 24 hours prior to admission;

c. Complaint/Information;

d. Police Booking Sheet; and

e. Certificate of Detention from PNP and/or NBI.

Additionally, the "gater" shall subject the person to be committed and his/her escorts for search and
inspection as Finally, he or she refers the person to be committed and his or her escorts to the Records
Unit.

2. Records Unit- This unit examines the completeness and authenticity of the requirements for
Commitment (Commitment Order, Booking Sheet, Arrest Report and Information) before it refers the
inmate for physical examination by the Health Unit.
3. Health Unit

Checks the authenticity of the entries in the medical certificate; conducts thorough physical examination
of the inmate to determine his or her true physical condition; and asks searching questions to determine
injury/injuries found to have been sustained by the inmate after the conduct of medical examination or
those injuries not diagnosed prior to commitment in jail. Inmate is required to undress while undergoing
medical examination. A female inmate shall be examined by female health personnel. A male inmate
may be examined by either male or female health personnel;

In case of any discrepancy found during physical examination but same discrepancy is not indicated in
the medical certificate, the committing officer shall be required to secure another medical certificate of
the inmate. The commitment of an inmate shall be held in abeyance pending the submission of a new
medical certificate with findings congruent to the medical findings of the jail physician/nurse. The
reason for the deferment of commitment shall be recorded in the jail blotter. In case the committing
officer fails to return the inmate to jail within twenty-four (24) hours, the reasons for the deferment of
commitment and the grounds thereof shall be reported immediately to the court that issued the
commitment order;

In the absence of a jail nurse/medical personnel, the receiving officer shall refer the person to be
committed to the nearest government health facility for medical evaluation ; and

If no discrepancy is found during physical examination, the inmate shall be referred back to the Records
Unit.

4. Records Unit - Receives the inmate and the documents from the committing officer and conducts the
following:

Start the booking procedures:

Accomplish the jail booking sheet;

Strip-search the inmate to check for any birth marks, tattoos, etc.;

Encode the inmate's information to the NIMS;

Fingerprint and photograph the inmate with mug shot background; and

List the names of the visitors authorized by the inmate.

Apprise the inmate in a dialect that he/she understands of the provisions of Art 29 of the RPC which was
further amended by R.A. 10592;

Facilitate the signing of the Detainee’s Manifestation if he/she agrees to abide by the same disciplinary
rules imposed upon convicted inmates. Otherwise, the warden issues a certification under oath
manifesting that the inmate was apprised of the provision of Art 29 of the RPC as amended and refused
to abide by the same; and Store all documents in the Inmate’s Carpeta.
5. Property Custodian

Checks the inmate’s belongings for presence of contraband. Discovery of any contraband shall be
treated in accordance with existing policies.

Takes all cash and other personal properties from the inmate, lists them down on a receipt form with
duplicate, duly signed by him/her and countersigned by the inmate. The original receipt should be given
to the inmate and the duplicate be kept by the Property Custodian.

Keeps all cash and other valuables of the inmate in a safety vault. Said cash and valuables may be
turned over to any person authorized by the inmate.

d. Refers the inmate to the desk officer.

6. Desk Officer - books the newly committed inmate in the jail blotter; assigns the inmate to a reception
area, if any, where he/she shall be scheduled for orientation on jail rules and regulation, and shall
undergo risk assessment and classification, evaluation and conduct of further medical
evaluation/screening by the Medical Officer.

7. Assistant Warden or Officer of the Day - Orients the newly committed inmates on jail rules and
regulations using the Inmate’s Orientation Sheet.

8. Jail Warden - Coordinates with concerned agencies regarding the case of inmate for speedy
disposition and to furnish them with copies of the available needed documents. The jail warden shall see
to it that all concerned agencies and persons will be informed of the commitment of the inmate in
his/her jail by submitting a written report. Through his/her paralegal officer, he/she shall ensure that the
courts and prosecutors’ office are attending to the case of the inmate by constantly coordinating with
them for the purpose of speeding up the disposition of the case. For this purpose, the sharing of
nonconfidential information with the concerned agencies is encouraged.
The following agencies/persons shall be notified by the warden upon commitment of the inmate:

Presiding Judge - (monthly submission of list of committed inmates to the presiding judge is mandatory)

Executive Judge/Clerk of court - (monthly submission of committed inmates is mandatory)

PNP - mandatory

NBI - mandatory

Family - mandatory

PAO lawyer - in case of indigent inmate

IBP legal aid - in case of indigent inmate and unavailability of PAO lawyer

Private lawyer - upon request

Priest or religious minister - upon request

Private physician - upon request

Commission on Human Rights - as needed/to submit list of committed inmates monthly

Public physician - as needed

Psychologist/Psychiatrist - as needed

Embassy - mandatory in case of foreign national/alien

DSWD - mandatory in case of CICL

16. Court/Other branches - in case of multiple cases

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