Module 12:

PUNISHABLE ACTS OF INMATES & REHABILITATION PROGRAMS IN JAILS

Learning Outcomes:
1. To obtain clear description of offenses.
2. Solving immediate Public Acts
3. To better know the Rehabilitation Programs in Jails

Teaching-Learning Activity/Lesson Proper:

PUNISHABLE ACTS OF INMATES
a. MINOR OFFENSES
1) Selling or bartering with fellow inmate of items not classified as contraband
2) Rendering personal service to fellow inmate.
3) Untidy or dirty in his personal appearance.
4) Littering or failing to maintain cleanliness and orderliness in his quarters
and/or surroundings.
5) Making frivolous or groundless complaints.
6) Taking the cudgels for or reporting complaints on behalf of other inmates.
7) Late in inmate formation without justifiable reasons.
8) Willful waste of food.
b. LESS GRAVE OFFENSES
1) Failure to report for work detail without sufficient justification.
2) Failure to render assistance to an injured personnel or inmate.
3) Failure to assist in putting out fires inside the jail.
4) Acting boisterously during religious, social and other group functions.
5) Swearing, cursing or using profane or defamatory language, directed personally
towards other persons.
6) Malingering or feigning illness to escape work assignment.
7) Spreading rumors or maliciously intriguing against the honor of any person including
members of the custodial force.
8) Falling to stand at attention and give due respect when confronted by or reporting
to any officer or member of the custodial force.
9) Forcing fellow inmates to render personal service to himself and/or others.
10) Exchanging uniform or wearing clothes other than those issued to him for
the purpose of circumventing jail rules.
11) Loitering or being in an unauthorized place.
12) Using the telephone without authority form the Desk Officer/Warden.
13) Writing, defacing, or drawing on walls, floors or any furniture or equipment.
14) Withholding information which is inimical and prejudicial to the jail administration.
15) Possession of led or pornographic literature and/or photographs.
16) Absence from cell, brigade place of work during head count, or any time
without justifiable reason.
17) Failing to turnover any implements/articles issued after the work detail.
18) Committing any act prejudicial to or which is not necessary to good order
and discipline.
c. GRAVE OFFENSES
1) Making untruthful statements or lies in official communication, transaction,
or investigation.
2) Keeping or concealing keys or locks of places in the jail where it is off-limits
to inmates.
3) Giving gifts, selling to, or bartering with jail personnel.
4) Keeping his possession money, jewelry, or other contraband which the rules prohibit.
5) Tattooing other or allowing himself to be tattooed on any part of the body, or
keeping any paraphernalia to be used in tattooing.
6) Forcibly taking or extracting money from fellow inmates.
7) Punishing or inflicting injury or harm upon himself or other inmates.
8) Receiving, keeping, taking or imbibing liquor and other prohibited drugs.
9) Making, improvising or keeping any kind of deadly weapon.
10) Concealing or withholding information on plans of attempted escapes.
11) Unruly conduct and behavior and flagrant disregard of discipline and instructions.
12) Escaping, attempting or planning to escape from the institution or from any guard.
13) Helping, aiding or abetting others to escape.
14) Fighting, causing any disturbance or participating therein and/or agitating to
cause such disturbance or riot.

15) Indecent, immoral or lascivious acts by himself or others and/or allowing to be

the subject of such indecent, immoral or lascivious acts.
16) Willful disobedience to a lawful order issued by an officer or member of the
custodial force.
17) Assaulting any officer or member of the custodial force.
18) Assaulting any officer or member of the custodial force.

19) Participating in any kangaroo court, an unauthorized or irregular court conducted

with disregard for or perversion of legal procedures as a mock court by inmates in a
jail/prison.
20) Affiliating oneself to any gang or faction whose main purpose is to foment
regionalism or to segregate themselves to foment regionalism or to
segregate themselves from others.
21) Failing to inform the authorities concerned when afflicted with any
communicable disease, like VD, etc.
22) Engaged in gambling or any game of chance.
23) Committing any act which is in violation of any law or ordinance, in which case,
he shall separately be prosecuted criminally in accordance with law.

REHABILITATION PROGRAMS IN JAILS

d. PURPOSE. – To change inmates’ pattern of criminal behavior and reform them into a law-
abiding and productive citizens through the implementation of rehabilitation programs
in jails.

e. TREATMENT PROGRAM. – The treatment of inmates shall be focused on the provision of

services designed to encourage them to return to the fold of justice and enhance their
self- respect, dignity and sense of responsibility as follows:
 1) Provisions for basic needs of inmates;
2) Health services;
3) Education and skills training;
4) Religious services, guidance and counseling services;
5) Recreation, sports and counseling services;
6) Work programs, such as livelihood projects;
7) Visitation service; and
8) Mail services;
BASIC NEEDS OF INMATES

f. The provisions for basic physiological needs are the first consideration before any
effective rehabilitation or treatment program can be undertaken.
g. These basic human needs are food, clothing, shelter, water, lighting and soap.
h. Food Services –
1) There shall be a Mess Service Unit in every jail which is responsible for the daily
preparation, handling and delivery of food to inmates.
2) The Unit shall be responsible for the daily allocation of ration to inmates based
on an accurate body count.
3) It shall coordinate with the custodial force in supervision of food so that
equitable distribution is maintained.
4) The food rations for distribution shall not be taken out from the mess hall
or designated dining places unless permission is granted by competent
authority.
5) An inspection team shall supervise the preparation and distribution of food
to inmates.
3.f Special menu shall be allowed for inmates undergoing medical treatment.
i. Shelter or living space
1) Each inmate shall, upon admission to the jail, be assigned in a cell where he is
given a bunk or a steel/wooden bed, mat, pillow, blanket and mosquito net.
2) Each inmate shall keep his immediate vicinity clean and sanitary at all times.

HEALTH SERVICE

j. The Health Service shall aim to provide quality health care among uniformed and
non- uniformed personnel, and their qualified dependents, and inmates in various
city, district, and municipal jails nationwide under the Bureau of Jail Management
and Penology. Specifically, the BJMP health service shall:
1) provide examination, diagnosis, and treatment of medico-dental patients of the BJMP;
2) assist in the total health care delivery in consonance with national development.
3) Provide opportunities for professional growth and development among its
health personnel;
4) Provide medical, neuropsychiatric, and dental evaluations among BJMP
applicants to ensure for a highly professionalize service;
5) Formulation of health policies of the Bureau based on relevant researches of the
health care needs;
6) To coordinate with local health executives, medico-dental associations and other
civic organizations regarding health concerns of the locality;
 7) To conduct psychological rehabilitation of inmates in line with the total
rehabilitation of inmates;
8) To assist the Chief of the Bureau regarding health matters of inmates and personnel.
k. The Health Service shall be composed of competent medical, dental, nursing, and
paramedical staff to attend to the health care needs of the Bureau. Personnel and
health facility acquisition must be in accordance with the health care demands of its
patients and sustained by appropriate budget. It must have at least one functional or
operational Infirmary for every region. Smaller jails must have at least one permanent
nurse assigned. In cases, where health care provision is not available, patients should
be referred to local health authorities.
l. The following health care provision shall be strictly observed in the Jail Bureau;
m. Inmates
1) Physical examination will be conducted by the Health Service of the Bureau in
coordination with the Local Health Units of the Local Government Units in the
area to every inmate to determine his/her physical or mental illness; to
segregate inmates afflicted with infectious or contagious diseases; or identify
physical or mental defects which affects the rehabilitation programs of the
Bureau;
2) Inmates must have physical and mental examination prior to transfer to any jail
whenever feasible. Clinical Abstract must be provided in case the inmate had
significant ailment during his confinement;
3) Inmates are entitled to medical, dental, and psychiatric evaluations and treatment
when necessary. He/she shall be provided with available medicines free of charge.
Other medical requirements like medicines, supplies, and or laboratory
examinations must be shouldered by the inmate;
4) Referral of inmates for health reasons: Inmates requiring special examination and/or
treatment shall be referred accordingly. However, proper coordination with the
Warden and Courts concerned shall be obtained prior to actual referral.
Only when in actual or imminent danger requires immediate medical attention
shall an inmate be allowed to leave the jail premises without the court order,
Thereafter, proper security escorts must be provided to prevent escape.
a) When brought to hospital for immediate treatment by a court order. Thereafter,
proper security escorts must be provided to prevent escape.
b) Treatment of Pregnant Inmate. Prenatal and postnatal care and treatment must be
accorded to female inmates. Arrangement must be accorded to female inmates.
Arrangement must be made whenever possible for delivery of baby outside jail
premises if there are no adequate facilities especially for high risk pregnancies. If a
child is born in prison, this fact shall not be mentioned in the birth certificate. There
shall be provision for nursing mothers and breast feeding which shall be encouraged
until such time that weaning is possible.
c) Notification of death, illness and transfer.
a. All inmates who dies inside the jail shall be transferred to the nearest
government agency that conducts autopsy like the NBI, PNP Crime Lab and
government hospitals with autopsy capabilities. Spot reports and an immediate
investigation will be conducted and result of which will be submitted to BJMP
Provincial Jail Administrator.
b. Upon the death or serious illness of, or serious injury to an inmate, the Warden
 shall at once inform the spouse, if the inmate is married, or the nearest relative
and shall in any event inform any other person previously designated by the
inmate.
d) The Health personnel shall also be concerned with the following:
a. Quantity, quality, preparation and service of food.
b. Hygiene of inmate.
c. Sanitation, heating, lighting and ventilation.
d. Suitability and cleanliness of the inmate in clothing and bedding.
e. Observance of physical fitness program.
e) The Health Service shall render report to the Chief, BJMP regarding health
condition of inmates.
EDUCATION AND TRAINING
a. Every jail shall provide inmates with any of the following education and training programs
1) Non-formal Education for Adult which is designed to improve their
communication and composition skills, such as the ability to read and write in
order to enhance their individual education level. After training, the student shall
be issued a certificate of completion of the program which shall form part of his
jail record.
2) Instructional techniques and methods shall be variable and flexible, employing
such approaches as open-ended courses, individualized instruction, individual
prescriptive
instruction and mini-courses consistent with inmate-student needs and
interest. Education officers shall strive to achieve an optimum utilization of
staff, resources and facilities, using inter-linkages with other appropriate
agencies.
3) The education program shall operate on a semestral basis with minimum break
periods for holidays, similar to the regular course offerings of outside schools and
colleges.
4) Opportunities for inmates to participate in supervised learning’s recreation and
leisure time activities shall be made available daily.
5) Each educational program shall develop and establish maximum use of
community resources. This can be done in the form of livelihood programs,
correspondence courses, etc.
RELIGIOUS SERVICES, GUIDANCE AND COUNSELING SERVICES
a. Every jail, whenever possible, shall extend to inmates the greatest amount of freedom
and opportunity pursuing individual religious beliefs and practices as an essential part
of the mission to rehabilitate inmates.
b. All religious services shall be under the direct supervision of the Warden or his Staff
or a chaplain who must conform to the general guidelines on the matter prescribed
by the Jail Bureau
c. Rules, regulations, and policies with regard to the safety of inmates and orderly conduct
of affairs of inmates shall apply to all places of worship and religious activities and
meetings in jails.
d. Attendance in worship, religious activities and meetings shall be voluntary. The
opportunity to attend religious services, activities or meetings shall be offered unless
there is a compelling reason to the contrary. Normally, work assignment should not
preclude attendance to religious services, activities or meetings.
 e. Places of worship, religious activities and meetings shall be schedules with
reasonable frequency. The jail chaplain and/or religious group shall lay out their
religious program in advance in coordination with the Warden.
f. Whenever possible, in large jails, there shall be a Jail Chaplaincy Service which shall
be entrusted with the following responsibilities:
1) Ensure that spiritual-moral-pastoral care is made available to inmates;
2) Ensure that crisis-intervention and adequate spiritual awareness formulated
programs are available to jails;
3) Ensure proper coordination, supervision and monitoring of religious volunteers
from outside agencies who regularly visit the jails; and
4) Ensure that Jail Bureau officials are provided with spiritual advice and
assistance in religious programs.
5) Pastoral activities shall be made an integral part of the jail program and shall include
the following whenever appropriate:
(a) Guidance and counseling;
(b) Crisis-intervention services;
(c) Education/value information/indoctrination program;
(d) Worship/prayer/liturgical services;
(e) Ritual or ministerial services;
(f) Pre-release religious services
6) The Chaplain services shall meet the demands of inmates for religious education
and instruction. They may utilize the services of voluntary and contractual
religious leaders to supplement the religious program or meet special
denomination needs.
RECREATION AND SPORTS PROGRAM

a. A variety of recreation and sports activities shall be provided by jail authorities to inmates.
b. Recreational sports facilities to be provided consistent with available resources shall be
library services, indoor sports, such as chess, table tennis, pool and outdoor sports, like
basketball, softball, boxing, etc. The jail authorities shall provide for the athletic
equipment necessary to undertake these activities and shall designate a specific
recreation and athletic officer to carry out and supervise the program.
c. Individual and team shall be established among inmate volunteers as bases for
intramural competitions. Inmates participating in organized sports fests or
competitions shall be provided with distinctive team uniforms to add color and fun
fare into these events.
d. Group entertainment for inmates shall be provided occasionally in the form of movies,
videos and stage shows which are rated for general patronage. Amateur talent contest
and parlor games shall be organized and promoted on the basis of interest, occasion
and participation of inmates.
e. One hour daily physical exercise in the open air shall be provided to inmates.

WORK PROGRAMS
a. Each jail shall have work program for giving inmates compensation for their labor and
keeping them busy while serving sentences. This includes livelihood projects, etc., hat
are income generating.
b. The following requirements in work programs shall be observed:
 1) Labor should have a socioeconomic redeeming value.
2) The organization and methods of works shall resemble those of work outside, so
as to prevent inmates for the condition of normal occupational life.
3) Precautions should be observed to protect the safety and health of inmates.
4) Daily and weekly working hours of inmates must be fixed, leaving one rest
day for recreational activities.
c. Compensation of Inmates
1) Inmates working on projects on regular, seasonal or contractual basis shall be
paid compensation as their share in the production income.
2) The whole or a part of the compensation earned by any inmate may be
forfeited and applied to payment of supplies and equipment lost or damages
resulting from is misconduct or neglect.
3) Inmates who have savings from their compensation can remit certain amounts to
their relatives through the assistance of jail authorities.
d. Useful Employment and Industrial Training of an inmate.
1) Inmate shall not be allowed to be employed in any private work for the benefit
of an officer or employee of the jail.
2) Employed inmates shall be allowed to remain in their cell during work hours,
except those who are assigned to work as room orderlies or directed to remain
by proper authority.
3) Work shall be at least eight (8) hours a day, except Sundays and legal Holidays.
4) A detainee offender shall not be allowed to work outside other than cleaning his
cell and other work as may be necessary for sanitary reasons. However, if he
requests in writing and approved by competent authority, he shall be given full
credit for all the days he spent working pursuant to R.A. 6127.
5) Hard labor shall not be tolerated as part of jail employment or any other
required assignment.

VISITATION SERVICES
a. Visits of the immediate family or of reputable and duly acknowledged friends of inmates
are, under supervision, allowed on regular intervals.
b. In this regard, the Warden shall determine and prescribe the date and manner on
how visitation services can be facilitated.
c. The following guidelines shall be observed in jails:
1) Visiting families. The visiting room shall be arranged to provide space for adequate
supervision and adapted to the degree of security requirement. It should be
comfortable and pleasant as possible and formally arranged. Appropriate furnishings
(e.g. small tables and chairs, etc.) are preferable to the “conventional” jail visiting
tables. It will provide also spaces for children and juvenile.
MAIL SERVICES
a. Mail service shall be provided to all inmates provided outgoing and incoming mail
matters pass through Censor Officer in order to prevent entry of contraband or illegal
articles and entry or exit of information affecting security of the jail.
b. The inmate sending out any mail matter shall open his mail, and have it read and
inspected by the Censor Officer. If mail is cleared for dispatch, the inmate shall close and
seal the same in the outgoing mailbox. He shall likewise receive his incoming mail, if
cleared by the Censor Officer. If the outgoing or incoming mail has contraband or
 harmful information, such as matter shall be registered as violations of regulations to be
brought before the Board of Discipline for adjudication. The mail with contraband shall
be labeled and preserve for evidence.

REFERENCES:

https://academic.oup.com/cid/article/45/8/1047/344842

https://www.officialgazette.gov.ph/2016/05/23/revised-irr-of-republic-act-no-10575/

https://www.bjmp.gov.ph/files/BJMP-OpnsManual2015.pdf

https://www.padisciplinaryboard.org/Storage/media/pdfs/20181210/153150-boardrules2018-12-
10.pdf