Sie sind auf Seite 1von 27

1 2

BJMP POLICY PROCEDURES IN THE SELECTION AND DESIGNATION OF JAIL AIDES

Optimizing Limited Resources in Adherence to the BJMP Mandate

BJMP Policy Procedures In the Selection and Designation of Jail Aides

TABLE OF CONTENTS
Chapter Page

INTRODUCTION 1 POLICY DECLARATION


Article 1. General Provisions Section 1. Section 2. Section 3. Section 4. Article 2. Article 3. Article 4. Rationale Purpose Scope and Limitation Policy Security Classification

4 6
6 6 8 8 8 9 9 10

Significance of the Policy Office Primarily Responsible (OPR) Definition of Terms

POLICY PROCEDURES
Article 1. Procedures in the Designation of Jail Aides Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Article 2. Coverage Process of Selection Criteria Additional Guidelines Limitation of Tasking Prohibited Assignments

13
13 13 13 13 16 17 18 19 19 20 21 21 21

Miscellaneous Provisions Section 1. Section 2. Section 3. Section 4. Section 5. Privileges of Jail Aides Sanctions Vs Jail Aides for Violations of Jail Rules and Regulations Sanctions Vs Personnel for Abuse of Jail Aides Ratio of Jail Aides Vs Inmates Vs Personnel Preventive Measures Vs Abuse of Jail Aides By Jail Personnel (DOs and DONTs)

BJMP Policy Procedures In the Selection and Designation of Jail Aides

3 4 5 6 7

PROPAGATION AND ADHERENCE ADMINISTRATIVE SANCTIONS AMENDMENTS SEPARABILITY CLAUSE EFFECTIVITY

23 24 25 26 27

BJMP Policy Procedures In the Selection and Designation of Jail Aides

INTRODUCTION We are doing all we can to secure all the countrys jails
and bring genuine reformation to all our detainees. DIONY D MAMARIL Jail Chief Superintendent OIC, BJMP
The BJMP Policy Procedures on the Selection and Designation of Jail Aides is a statement of doctrine that shall guide the administrators and staff in the different jails under the BJMP turf in determining courses of actions to be taken in order to effectively and efficiently administer jail aide system, with selected inmates functioning as jail aides, that will redound to eradication, if not, minimization of escape incidents perpetrated by some or majority of designated jail aides by reason of certain enjoyed privileges. This will constitute further protection of the BJMPs inherent interests as well as the general security and welfare of community. This policy guide lays down the fundamental framework and provisions in undertaking issues and concerns related to management and systems of jail aide services that may impinge on jail security and public safety in general if not controlled or regulated. This policy shall provide general guidelines for implementing, monitoring, evaluating, revisiting, enhancing, and formulating necessary revisions if called for under the tutelage of the Chief, BJMP. This guide endeavors to operationalize the doctrine of utilizing inmates as jail aides for certain limited tasking and enumerating among others prohibited assignments that would compromise jail security. It will eventually

BJMP Policy Procedures In the Selection and Designation of Jail Aides

fill-in the management gaps that derailed the bureau for uncontrolled and unregulated selection of jail aides in the past.

BJMP Policy Procedures In the Selection and Designation of Jail Aides

CHAPTER 1: POLICY DECLARATION


Article 1. General Provisions
The Bureau of Jail Management and Penology, specifically the seventeen (17) BJMP Regional Offices; Provincial Administrator Offices; District, City and Municipal Wardens, are hereby directed to heed and operationalize the contents of this policy procedures for the purpose of institutionalizing the practice in the utilization of inmates as jail aides. All concerned personnel shall serve with utmost professionalism in following the standard set by the United Nations in the treatment of

prisoners, more particularly in the aspect of respecting the human rights of every inmate in jail and without losing sight of the fact that the BJMP

exists in the service of society, government through delivery of services to its clientele. Section 1. Rationale

The BJMP Policy Procedures on the Selection and Designation of Jail Aides is guided by the principles of economic/financial, administrative, operational and technical viabilities, and social acceptability. It seeks to achieve and preserve an efficient utilization of the meager resources allocated to the BJMP in fulfilling its mandate and is expected to bring improvement in the management of inmates utilized as jail aides. Further, it aims for conscientious application of policy procedures to cope up with the demands of existing conditions. Against the backdrop of resource inadequacies of BJMP, there is that customary sight of inmates doing various jail chores. While the dimension of

BJMP Policy Procedures In the Selection and Designation of Jail Aides

its applicability has to be categorically established, the employment of inmates to complement personnel on limited sphere of jail functions has been a common knowledge and socially acceptable practice among jail communities. Moreover, the use of inmates as jail aides is an inevitable offshoot associated with having BJMPs full hand in going about with their primary mandated functions of security, custody and inmates development. Indeed, there are other aspects of jail jobs that should be done by persons not in anyway involved in the primary functions of jail officers, yet they have to do so for lack of personnel specifically appointed to handle non-uniformed-personnel-related tasks. Inmates; those persons committed in jail, either sentenced by

imprisonment of not more than 3 years, or those sentenced to more than 3 years awaiting transfer to the Bureau of Corrections, or those persons under investigation, awaiting trial, undergoing trial, or awaiting final judgment of court who cannot afford to post bail or because of the nature of their case as non-bailable; utilized as jail aides, however, should be limited only to those who are already sentenced. This is based on the fact that sentenced inmates in BJMP jails do not have to serve more than 3 years and as such they are less prone to make escape. They would only be too willing to serve as jail aides with the possibility of them released earlier by virtue of the Good Conduct Time Allowance (GCTA), which, although not granted by the BJMP, may be facilitated through close and consistent coordination with the Bureau of Corrections. Almost always, it is the inmates who are not sentenced yet who pose a serious problem when they can no longer be located when the court wants

BJMP Policy Procedures In the Selection and Designation of Jail Aides

their person. Unsentenced inmates in BJMP jails are facing serious charges ranging from such heinous crimes as murder, rape, homicide, etc., to minor ones, but owing to the uncertainty of the future which may be too heavy for them to bear if given the maximum penalty, they have their mind set to escape when opportunity opens up. It is therefore paramount to emphasize that only sentenced inmates utilized as jail aides. In order, however, that a jail aide may certainly be able to avail himself of the GCTA, only sentenced inmates with at least still two (2) years to serve in jail shall qualify to become a jail aide. Section 2. Purpose in district, city, and municipal jails are to be

This policy guide enunciates the procedures and guidelines for BJMP jail administrators in the implementation of the procedures in the selection and designation of jail aides. Section 3. Scope and Limitation

The policy instrument shall: 1. serve as the instrument of putting order to the manner by which

inmates in BJMP jails are to be utilized as jail aides; 2. 3. 4. delineate the types of inmates who may be used as jail aides; apply to the advantage of both jail personnel and inmates; support the mission, vision, goals, mandate, and existing

regulations of the Bureau of Jail Management and Penology. Section 4. Policy Security Classification

This policy is not in any way a classified document, in fact this is meant for public consumption as this can also be used as reference by other jail and 8

BJMP Policy Procedures In the Selection and Designation of Jail Aides

correctional institutions, as well as future studies to suit the growing complexities of life.

Article 2. Significance of the Policy


This policy shall benefit all BJMP field offices and units and that this will guide them in the proper methods in proceeding with the use of inmates as jail aides. Similarly, this will benefit the inmates themselves who may not be taken advantage of or exploited in violation of the universally accepted treatment and humanitarian requirements for handling or dealing with them while in confinement. Of prime significance to both jail personnel and inmates is the reality that no matter how they intend or not intend to exercise what opportunities available there are in jails to add or reduce the burdens that lie upon their shoulders, all these should be tempered by what is right and proper and what is appropriate according to the topographical location of the jail, its outer and inner perimeters, structure of the jail facility and most specifically the jails internal and external security threats.

Article 3. Office Primarily Responsible (OPR)


1. The BJMP Directorate for Operations shall be the Office

Primarily Responsible in the implementation of this policy; 2. The Directorate for Operations shall supervise and monitor

closely in coordination with the BJMP Regional Offices and the Provincial Administrators Offices the full circulation and operationalization of the policy in all district, city and municipal jails under BJMP jurisdiction; and

BJMP Policy Procedures In the Selection and Designation of Jail Aides

3.

It shall be responsible for initiating policy performance review,

evaluation and revisions when necessary

Article 4. Definition of Terms


City Jail is a BJMP jail facility in the city in which detainees and inmates serving sentences three (3) years below are confined. City Prisoner is one who is confined in a city jail and who is sentenced to a prison term of one (1) day to three (3) years. Clientele particularly refers to persons confined in jails and are under the direct charge of the administration. Carpeta refers to the individual records of an inmate containing such data as his personal profile, history, and other data of the inmate on file in jail. District Jail is a BJMP jail facility which, in most cases, is established after clustering or adjoining jails and is one of these jails nearest to the court. Detainee is a person confined in jail while under investigation, awaiting trial, undergoing trial or awaiting final judgment of the court but has not been sentenced yet by the court. Doctrine refers to a principle or proposition adopted for a certain purpose. Escape is an incident in which an inmate gets out of jail custody, either surreptitiously or openly, through various means to avoid detention of serving sentence and/or evade court procedures pending dispositions of his case.

10

BJMP Policy Procedures In the Selection and Designation of Jail Aides

Good Conduct Time Allowance is a reduction from the sentence imposed for good behavior, which only the Director of the Bureau of Corrections can grant. Inmate is a general term for a person confined in jail, either as a detainee or a convict. Inmate Welfare and Development Unit (IWDU)- is the unit responsible for the management of all programs related to inmates welfare and development. Jail is a facility of place of detention or confinement other than a prison facility. Jail Aide refers to an inmate given certain tasks in jail to assist in work, which may be entrusted to them in order to free personnel from unnecessary burden. Municipal Jail is a confinement facility in a town or municipality for arrested persons under detention and convicted for offenses six (6) months below. Municipal Prisoner is one who is confined in a municipal jail and who is sentenced to a prison term of from one (1) day to six (6) months. Outside Connections refers to influential persons either linked to political, religious, social and fraternal organizations who, by their position or place in society, may have protgs in jail and who may apply undue authority to influence selection of jail aides. Prisoner (Insular) is a convicted person, usually under confinement in a national or insular prison facility and anyone of such a categemplory after having been imposed a penalty of more than three (3) years by

11

BJMP Policy Procedures In the Selection and Designation of Jail Aides

final judgment of court and confined in BJMP jail has to be remanded to the Correctional Institution for Women in case of a female and the New Bilibid Prison in case of a male. Prisoner is an inmate who is convicted by final judgment. Policy is a principle or guideline being followed for wise management. Regional Director is the designation extended to a jail officer who heads the BJMP field offices and units in a region. Rehabilitation is used interchangeably to mean correction or reform, or more appropriately a euphony for punishment. Security refers to the protection or safeguarding of the jail facility, particularly against the entry of contraband, escape, and others, to maintain the normalcy of order inside. Utilization is using or assigning one for a task. Work Habit is the attitude of an inmate towards the work he is assigned to as may be gleaned from his previous performance, whether that attitude is of a positive or negative nature.

12

BJMP Policy Procedures In the Selection and Designation of Jail Aides

CHAPTER 2: POLICY PROCEDURES


Article 1. Procedures in the Designation of Jail Aides
Section 1. Coverage Only District, city and municipal jails with sentenced inmates serving not more than three (3) years imprisonment shall be allowed for employment as jail aides, provided that these inmates have expressed willingness to assume such tasks as may be considered not prohibited under Chapter 3, Section 5 hereof. In case, however, an inmate has already been sentenced but is still facing another charge, he shall not be allowed to perform functions of a jail aide. In no case, therefore, shall an inmate who is under investigation, undergoing trial, awaiting trial, and awaiting final judgment of court be employed as jail aide. Section 2. Process of Selection a. A jail committee, the Jail Aide Selection Committee, shall be formed and whose decision shall be the basis for the designation of jail aides, subject to the approval of the Warden. This committee shall be composed of the following jail staff: Deputy Warden Chief, IWD Unit Chief, Operations Unit Chief, Records Unit Chief, Investigation Unit Chief, Intelligence Unit Chairman Member Member Member Member Member - Member

Representative from Service Provider

13

BJMP Policy Procedures In the Selection and Designation of Jail Aides

b. The committee through a resolution shall determine the number of jail aides requirement for a jail but not to exceed 4% of the total inmate jail population. c. The committee shall announce the nomination period, which shall not exceed fifteen (15) days. d. Anybody can nominate inmate/s for the jail aide position. e. An inmate can also nominate himself/herself for the position. f. All nominations shall be in writing addressed to the Chairman of the Jail Aide Selection Committee. The committee may design a standard nomination format for the purpose of uniformity of written nominations. g. After the nomination period is over, in accordance with the set criteria stipulated in the ensuing section 3 of herein article, the committee shall begin processing all nominations. h. The list of qualified nominees, with their photographs, for the shortlist shall be posted in conspicuous places in the community for fifteen (15) days to encourage comments, additional information, and feedbacks from the society. Posters should bear contact details of the committee. i. For a qualified nominee to be included in the shortlist, a majority vote from the committee members is required. j. After thorough committee deliberation, it shall submit to the warden a shortlist, with a committee resolution, of qualified inmates for the designation of jail aides.

14

BJMP Policy Procedures In the Selection and Designation of Jail Aides

k. The warden could only designate jail aides out of the submitted committee shortlist. Designation and termination of jail aides shall be subjected to a memorandum order signed and approved by the warden. l. No inmate shall be allowed to perform jail aide functions unless he has gone through the aforesaid processes. m. The list of selected/designated jail aides shall be reported in writing regularly by respective wardens every end of the month to the Regional Office through their Provincial Administrators Office. n. The BJMP Regional Offices shall furnish the same monthly list of jail aides to the BJMP-NHQ Directorate for Operations.

Section 3. Qualifications/Criteria As has already been established, only convicted district, city, and municipal inmates are qualified to be selected or designated as jail aides. Further, the following criteria should be strictly observed in their selection: a. Security has the prisoner ever attempted to escape? Although this information is in the prisoners record, only a few members of the jail staff may know it. Does he have any problems? Does he have a family or marital problem, the possibility of a new criminal charge, difficulty with other inmates? b. Work Habits How he accepts orders, his ability to understand

direction, and the quality and quantity of his work. An inmate whose record is below average in these areas will be a problem.

15

BJMP Policy Procedures In the Selection and Designation of Jail Aides

c.

Behavior in Confinement

Both

formal

and informal

disciplinary reports must be reviewed. Equally important is information about day-to-day behavior from jail officers who know him. d. Skills Is the inmate a skilled worker (carpenter, electrician,

baccalaureate degree holder, etc.)? These skills may offer other fringe benefits for the bureau. e. Connections/Membership in Affiliations in Various

Organizations within the Jail and/or in the Society Thorough review of his personal records/circumstances is essential. f. Relative of an influential Person The inmates relationship

with influential persons may cause for difficulties in handling the inmate. g. Medical and Mental Conditions an inmate who suffers

unpleasant medical and mental conditions may pose administration problems.

Section 4. Additional Guidelines a. Selection Process 1. Never select on the basis of outside connections; 2. Never select on the assumption that because an inmates has served lots of time around jails he must have known so well the tasks that he will be a valuable asset in operating the jail; and 3. Never select an inmate without his expressed consent to accept designation as jail aide. b. Once Selected:

16

BJMP Policy Procedures In the Selection and Designation of Jail Aides

1. Jail aides, as much as possible, should not be housed with other inmates; and 2. Jail aides must be searched at intervals. 3. Jail aides may be utilized as intelligence operatives to monitor scalawag personnel, inmates and inmates visitors. c. Responsibility for Escape of Jail Aide: In case of an escape by a jail aide and the circumstances surrounding it clearly shows that said escape succeeded out of his personal intent and not of other factors, as when he is made to escape by another party who may have direct interest in that escape, existing rules or policies that pinpoint responsibility for such lapses shall prevail that is, the personnel or guards on duty and to whom he is supposed to have been entrusted by virtue of their tour of assignment, shall be held responsible.

Section 5. Limitation of Tasking There should be a limit to the work to be done by jail aides and these are, but not limited, to the following: 1. Cleaning of jail premises 2. Delivery of supplies from one part of the jail to another 3. Cooking food 4. Garage work 5. Loading and unloading of goods and commodities to and from vehicles 6. Fetching water from water installation inside jail premises

17

BJMP Policy Procedures In the Selection and Designation of Jail Aides

7. Trimming the lawn 8. Painting and other maintenance 9. Laundry work 10. Assisting staff in serving meals to inmates 11. Assisting staff in implementation of inmates welfare and development programs/projects 12. Other analogous tasks inside the jail and its premises that may be determined appropriate by the Jail Aide Selection Committee (JASC) Section 6. Prohibited Assignments In no case shall an inmate utilized as jail aide be tasked to do the following: 1. Open jail gates 2. Search visitors 3. Go out of jail premises on an errand 4. Handle keys and firearms 5. Perform custodial duties 6. Perform sensitive records keeping duties such as making entries in the carpeta 7. Handle carpeta and the like 8. Receive and transmit commos and/or information by

answering telephone calls, radio and other means of communication. 9. Assign duties of personnel 10. Supervise inmates/prisoners

18

BJMP Policy Procedures In the Selection and Designation of Jail Aides

11. Meet the public 12. Operate Security devices 13. Handle inmates funds 14. Any other assignments of a similar nature and analogous to those above mentioned as maybe determined by the Jail Aide Selection Committee (JASC)

Article 2. MISCELLANEOUS PROVISIONS


Section 1. Privileges of Jail Aides In addition to his privileges as a common inmate, and in order to maintain his enthusiasm and enhance his positive attitude towards the responsibilities for which he has been specially tasked to assume, a jail aide shall enjoy the following extra privileges: 1. He shall be allowed to wear the yellow uniform for

inmates with an inscription Jail Aide at the front and back of it (uniform). 2. He shall be allowed out of his cell (in case there is no

separate housing for jail aides) during the day when others are supposed to be in, even if he is not tasked to do a chore and during the early hours of the night before announcement for TAPS upon the consent of the jail warden and under the vigilant eyes of the duty personnel and when the jail situation so permits. 3. He shall be allowed to receive family-member visitors in

any conspicuous places, upon permission of duty custodial personnel, other than the visiting area, subject to existing rules on security and, if

19

BJMP Policy Procedures In the Selection and Designation of Jail Aides

conjugal visit is allowed in jail, he shall be given priority or preference in case scheduling is tight and not everybody desiring it may be accommodated. 4. Should there be any extra amount or items for the basic

needs generally distributed for inmates, he shall be allowed to share of these excess provisions. 5. He shall be allowed access to the kitchen and its

facilities, if jail situation so permits, to cook raw food brought in by his visitor/s subject to security requirements. 6. He shall be issued a certificate of good conduct by the jail

warden upon release from the jail with an unbroken record of good service as jail aide reckoned from the time of his selection and employment as such without considering span of months or years. Such certificate may be used by the inmate for employment purposes upon his/her release to the society. 7. Most importantly, a jail aide who, for the first two years of

his imprisonment, has not had any breach of discipline and rules and regulations is deemed to be one of good behaviour and thus be recommended for the GCTA, with a deduction of five (5) days for each month. For the third year, he shall be allowed eight (8) days for each month. Section 2. Sanctions Against Jail Aides for Violation of Jail Rules Jail aides who commit any breach of jail rules and regulations shall be sanctioned, thus:

20

BJMP Policy Procedures In the Selection and Designation of Jail Aides

1. They shall be imposed sanctions similar to or in the manner other inmates are sanctioned for corresponding offenses. 2. For light offenses, suspension as jail aides and corresponding privileges. 3. For grave offenses, they shall be terminated as jail aides; 4. Disqualification for granting GCTA.

Section 3. Sanctions Against Personnel for Abuse of Jail Aides Personnel who shall maltreat inmates utilized as jail aides shall be prosecuted in accordance with existing criminal and administrative laws as provided for under Chapter 4 herein. Section 4. Ratio of Jail Aide Versus Inmates Versus Personnel Logically, the more inmates there are, the more jail aides there should be, and the less personnel there are, still the more need for jail aides. Hence, in determining the number of jail aides to be utilized, it should be based on the number of inmates only. It will not matter how many personnel there are, since the services of jail aides are more for their fellow inmates and less or none at all for the personnel. The ratio of 1 jail aide for every 25 inmates (1:25) or four percent (4%) of the total inmate population is ideal. Section 5. Preventive Measures Against Maltreatment of Jail Aides by Personnel The following are the Dos and Donts for personnel in the utilization of inmates as jail aides: A. DOs

21

BJMP Policy Procedures In the Selection and Designation of Jail Aides

1. See to it that you are guided by the items provided in Section 5, Article 1 of Chapter 2 of this Manual as to what tasks only are allowed to be done by jail aides. Think twice before you make them do outside those provided therein, or otherwise consent of the jail warden or duty officers is necessary.

2. The test of propriety of task you want them to do is to ask and answer this question: Is it for the inmates or the jail as a whole, or for me personally that I am making them do a work? 3. Consider jail aides as inmates for whom you have the responsibility to care and to secure, not as your household helpers whom you pay for the services they render. 4. Should there be any doubt about what you intend them to do, asks your immediate superior. B. DONTs -1. Dont ever attempt to go against the provision of Section 6, Article 1 of Chapter 2 of this policy procedures setting forth the prohibition on certain assignments of jail aides. 2. Dont make inmate jail aides lose respect to you as you would not want your sons and daughters or your brothers and sisters lose respect to you. 3. Dont allow them to take so much familiarity with you just as you would not want other inmates to be of such close to you by simply remembering the saying: Familiarity breeds contempt. Such could cause mutual abuse and with you as personnel at the losing end.

22

BJMP Policy Procedures In the Selection and Designation of Jail Aides

CHAPTER 3: PROPAGATION AND ADHERENCE


All concerned BJMP members; specifically those assigned in jails, shall abide with the policy guidelines herein set forth and shall, henceforth, promote the practice of these without giving room to any attempt for a compromise. This policy procedure shall serve as the measure of performance in jail in terms of adhering to rules and regulations duly handed down for observance by units concerned.

23

BJMP Policy Procedures In the Selection and Designation of Jail Aides

CHAPTER 4: ADMINISTRATIVE SANCTIONS


For acts or omissions that merely require administrative sanctions, the applicable punishments as provided for by the BJMP Disciplinary Machinery shall apply with the Civil Service Commission rules and regulations shall be in suppletory character.

24

BJMP Policy Procedures In the Selection and Designation of Jail Aides

CHAPTER 5: AMENDMENTS
Any amendment to or revision of this policy procedure may be initiated and reviewed in a committee created for the purpose.

25

BJMP Policy Procedures In the Selection and Designation of Jail Aides

CHAPTER 6: SEPARABILITY CLAUSE


If any provision of this manual is held invalid by any subsequent rules and issuances, the other provisions not affected thereby shall continue in operation.

26

BJMP Policy Procedures In the Selection and Designation of Jail Aides

CHAPTER 7: EFFECTIVITY
This policy procedure shall take effect upon approval by the Chief BJMP.

27