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STRATEGIES AND BEST PRACTICES AGAINST OVERCROWDING OF CORRECTIONAL FACILITIES IN THE PHILIPPINES

INTRODUCTION


In the Philippines, correctional facilities are administered and supervised by different bureaus depending on type and/or penalty of the offenders concerned.  The Bureau of Corrections (BuCor), under the Department of Justice, administers the correctional facilities that take charge of national prisoners or those offenders whose penalty of imprisonment is more than three (3) years.  It comprises seven (7) major facilities, namely 1) New Bilibid Prison in Muntinlupa City; 2) Correctional Institute for Women in Madaluyong City; 3) Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan; 4) Davao Prison and Penal Farm and Correctional Institute for Women-Mindanao in Davao; 5) San Ramon Prison and Penal Farm in Zamboanga; 6) Sablayan Prison and Penal Farm in Mindoro Oriental; and 7) Leyte Regional Prison in Abuyog, Leyte.

The Bureau of Jail Management and Penology (BJMP) under the Department of the Interior and Local Government, administers the jail facilities that take charge of detention prisoners (or those whose cases are still under trial) and the so-called local prisoners whose penalty is imprisonment of three (3) years and below.  These jail facilties are administrative regions of the country.

On the other hand, provincial jails or rehabilitation centers are administered by the respective provincial governments under the Office of the Provincial Governor.

The Department of Social Welfare and Development administers the regional rehabilitation centers for youth.


STRATEGIES AND BEST PRACTICES AGAINST OVERCROWDING

A.  At the BuCor

1.  Regionalization of national prisons
  • Direct committals of national prisoners to the different prisons and penal farms
  • Pending plan for the conversion of prison and penal farms in Davao, San Ramon, Iwahig, Sablayan and Leyte into regional prisons
2.  Reclassification and transfer of qualified inmates
  • From maximum to medium security for assignment in different prison and penal farms
  • From medium security compound to the minimum security as living-out
                   > Prisoners who are to be released within six (6) months to
                       one (1) year
                   >  Prisoners who are old
                   >  Prisoners who are disabled

3.  Regular transmittal of carpetas of prisoners to the Board of Pardon and Parole
  • For parole
  • For commutation of sentence/conditional pardon
4.  Recommendation for release of inmates who are seventy (70) years old or older

5.  Construction of additional dormitories

B. At the BJMP and the Provincial Jails
      (See Oplan Decongestion of BJMP)

1.  Paralegal Services
  • Use of volunteers to follow-up release of detainees either on recognizance, bail, probation, and the like
  • As of the second quarter of CY 2008, 422 paralegal officers processed a total of 21,565 cases whereby 6,824 inmates were released
2.  Transfer of inmates to other institutions
  • As of 2nd quarter of CY 2008, 799 inmates were transferred to BuCor, 292 to other jails, and 312 to other institutions such as DSWD, drug rehabilitation centers, etc.
3.  Construction of additional facilities

4.  Construction of separate cells for female and juvenile inmates

5.  Closer Working relationships with the other pillars of the justice system, particularly the Parole and Probation Administration (PPA), the Public Attorneys' Office and the Courts

6.  "Bail Now, Work, Pay Later" Program
  • Inmates who want to get out of jail and willing to work for the government are sponsored by LGUs, NGOs and other organizations in the payment of their bail bond
  • Upon release, inmates are hired by MMDA as street sweepers, traffic enforcers, painters, carpenters, drivers, mechanic - about 1/4 to 1/2 of their salaries will be deducted to pay their sponsors
7.  Legislative agenda


CONCLUSION

The decongestion of correctional facilities has been an important thrust of the Philippine correctional system.  The Technical Committee on Crime Prevention and Criminal Justice (TCCPCJ) of the National Police Commission, thru its Correctional Pillar Sub-Committee has crafted a strategic plan for the period from 2007 to 2010 that includes, among other restorative justice paradigm and the enactment of a law on recognizance.

The accomplishment of these objectives on top of the strategies presently in place, will dramatically decrease the population of the correctional facillities in the country.


BJMP OPLAN DECONGESTION

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