This document outlines the procedures for a disciplinary board in a jail. The board hears cases of inmates who violate rules and is composed of jail staff members and inmates. It must investigate cases and reach a decision within 48 hours. Authorized punishments for detainees and prisoners include verbal reprimands, loss of privileges, confinement, and transfer. Certain punishments like corporal punishment are prohibited. The board follows procedures to investigate violations and hold hearings where inmates can plead their case before a decision is made.
This document outlines the procedures for a disciplinary board in a jail. The board hears cases of inmates who violate rules and is composed of jail staff members and inmates. It must investigate cases and reach a decision within 48 hours. Authorized punishments for detainees and prisoners include verbal reprimands, loss of privileges, confinement, and transfer. Certain punishments like corporal punishment are prohibited. The board follows procedures to investigate violations and hold hearings where inmates can plead their case before a decision is made.
This document outlines the procedures for a disciplinary board in a jail. The board hears cases of inmates who violate rules and is composed of jail staff members and inmates. It must investigate cases and reach a decision within 48 hours. Authorized punishments for detainees and prisoners include verbal reprimands, loss of privileges, confinement, and transfer. Certain punishments like corporal punishment are prohibited. The board follows procedures to investigate violations and hold hearings where inmates can plead their case before a decision is made.
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.