5 - Disciplinary Board Process

DISCIPLINARY BOARD
This shall be organized and maintained for the purpose of

hearing disciplinary cases involving any inmate who violates jail rules
and regulations.
Chairperson Assistant Warden
Member Chief, Custodial/Security Officer
Member Medical Officer/Public Health Officer
Member Jail Chaplain
Member Inmates Welfare and Development Officer
Member Inmates’ Representative

DUTIES AND FUNCTIONS
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.
AUTHORIZED DISCIPLINARY
ACTIONS/MEASURES FOR INMATES
A. 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.
B. 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 lawyer,
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.
LIMITATIONS ON DISCIPLINARY
PUNISHMENT FOR INMATES
✓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, inhumane 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 board.
PROCEDURES 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;
✓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 of the reported violation and
asked how he/she pleads to the charge. If he/she admits the
violation or pleads guilty, the Board or the Warden, as the case may
be, shall impose the corresponding authorized disciplinary action;
✓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.

5 - Disciplinary Board Process

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5 - Disciplinary Board Process

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DISCIPLINARY BOARD

This shall be organized and maintained for the purpose of

Member Chief, Custodial/Security Officer

Member Medical Officer/Public Health Officer

Member Jail Chaplain

Member Inmates Welfare and Development Officer

Member Inmates’ Representative

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