Page 1 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 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.Page 2 of 65 pages III. OBJECTIVES 1. To classify contraband and evidence according to their operational implications; 2. To establish appropriate procedures in the confiscation of contraband for the safety of the public, employees and inmates; and 3. To establish a mechanism in the handling and disposal of contraband 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.Page 3 of 65 pages 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.Page 4 of 65 pages 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 Page 5 of 65 pages 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.Page 6 of 65 pages 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.Page 7 of 65 pages 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.Page 8 of 65 pages 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.Page 9 of 65 pages 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.Page 10 of 65 pages 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.Page 11 of 65 pages 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 sheriffs 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)Page 12 of 65 pages 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 persons name removing the item indicated, purpose of removal, and date and time removed and returned.Page 13 of 65 pages 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 c. Jails will maintain separate contraband and evidence logs. d. Evidence logs will be stored inside evidence 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. XIII. 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.Page 14 of 65 pages 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 MAXIMUM ALLOWABLE QUANTITY 1. Shirt (yellow shirt included )/sleeveless 10 2. Long pants 3 pairs 3. Short pants 4 pairs 4. Underwear 7 pairs 5. Socks 2 pairs 6. Rubber/Leather shoes 1 pair 7. Slippers 1 pair 8. Light bath towel 24x36 inches 1 9. Plastic comb without handle 1 10. Pillow 1 11. Pillow case 1 12. Light blanket 48x52 inches 1 13. Mosquito net 1 14. Plastic drinking cup 1 15. Plastic spoon 1 16. Plastic fork 1

17. Plastic plate 1 18. Toothbrush with 1-inch handle 1 19. Soap case 1 20. Soap 1 bar 21. Shampoo 1 bottle/12 sachets 22. Toothpaste 1 tube 23. Cologne/perfume 1 bottle 24. Photo album 1Page 15 of 65 pages 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 MAXIMUM ALLOWABLE QUANTITY 1. Shirt (yellow shirt included )/sleeveless 10 2. Long pants 3 pairs 3. Short pants 4 pairs 4. Brassiere 7 pairs 5. Panty 7 pairs 6. Socks 2 pairs 7. Rubber/Leather shoes 1 pair 8. Slippers 1 pair 9. Light bath towel 24x36 inches 1 10. Plastic comb without handle 1

11. Pillow 1 12. Pillow case 1 13. Light blanket 48x52 inches 1 14. Mosquito net 1 15. Plastic drinking cup 1 16. Plastic spoon 1 17. Plastic fork 1 18. Plastic plate 1 19. Toothbrush with 1-inch handle 1 20. Soap case 1 21. Soap 1 bar 22. Shampoo 1 bottle/12 sachets 23. Toothpaste 1 tube 24. Cologne/perfume 1 bottle 25. Photo album 1 26. Napkin/panty liners 1 pack/month 27. Reading Materials/pocket books 2 piecesPage 16 of 65 pages Republic of the Philippines Department of the Interior and Local Government BUREAU OF JAIL MANAGEMENT AND PENOLOGY ________________________________ (Region) ____________________________________________ (Name of Jail) INMATES PROPERTY RECEIPT # _________ ____________________ (Date) Received from (Last) (First) (Middle Name)

Inmate No. _______________ , who is charged with ______________________________________________ , the following property / ies: Unit D e s c r i p t i o n (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 Date ________________________________ Address ________________________________ __________________________ Phone Inmate Signature 2. Designee ________________________________ __________________________ Name Date ________________________________ Address ________________________________ __________________________ Phone Inmate Signature ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this ________________ _______________ by __________________________ Date Signature Over Printed Name of Inmate __________________________ Notary / Administering OfficerPage 18 of 65 pages 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 Criminal Case No. 1. 2. If other than Inmate: Address Witness / es (if any) PRINTED NAME and SIGNATURE of Reporting Officer Completing this Form: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: Time: Contraband / Evidence Stored At: 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 manner of handling High-Profile/Risk inmates. 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.