proposed bjmp policy procedures in the selection and designation of jail aides

Optimizing Limited Resources in Adherence to the BJMP

Mandate

BJMP POLICY PROCEDURES IN THE SELECTION AND DESIGNATION OF JAIL AIDES

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BJMP Policy Procedures In the Selection and Designation of Jail Aides

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Chapter Page INTRODUCTION 4 1 POLICY DECLARATION 6 Article 1. General Provisions 6

Section 1. Rationale 6 Section 2. Purpose 8

Section 3. Scope and Limitation 8 Section 4. Policy Security Classification 8 Article 2. Significance of the Policy 9 Article 3. Office Primarily Responsible (OPR) 9 Article 4. Definition of Terms 10 2 POLICY PROCEDURES 13

Article 1. Procedures in the Designation of Jail Aides 13

Section 1. Coverage 13 Section 2. Process of Selection 13 Section 3. Criteria 13 Section 4. Additional Guidelines 16 Section 5. Limitation of Tasking 17 Section 6. Prohibited Assignments 18

Article 2. Miscellaneous Provisions 19 Section 1. Privileges of Jail Aides 19 Section 2. Sanctions Vs Jail Aides for

Violations of Jail Rules and Regulations 20

Section 3. Sanctions Vs Personnel for Abuse of Jail Aides 21

Section 4. Ratio of Jail Aides Vs Inmates Vs Personnel 21

Section 5. Preventive Measures Vs Abuse of Jail Aides By Jail Personnel (DOs and DON’Ts) 21

TABLE OF CONTENTS


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3 PROPAGATION AND ADHERENCE 23 4 ADMINISTRATIVE SANCTIONS 24 5 AMENDMENTS 25 6 SEPARABILITY CLAUSE 26 7 EFFECTIVITY 27


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INTRODUCTION

“We are doing all we can to secure all the country’s jails

and bring genuine reformation to all our detainees.”

DIONY D MAMARIL Jail Chief Superintendent OIC, BJMP The BJMP Policy Procedures on the Selection and Designation of Jail

Aides is a statement of doctrine that shall guide the administrators and staff in

the different jails under the BJMP turf in determining courses of actions to be

taken in order to effectively and efficiently administer jail aide system, with

selected inmates functioning as jail aides, that will redound to eradication, if

not, minimization of escape incidents perpetrated by some or majority of

designated jail aides by reason of certain enjoyed privileges. This will

constitute further protection of the BJMP’s inherent interests as well as the

general security and welfare of community.

This policy guide lays down the fundamental framework and provisions

in undertaking issues and concerns related to management and systems of

jail aide services that may impinge on jail security and public safety in general

if not controlled or regulated. This policy shall provide general guidelines for

implementing, monitoring, evaluating, revisiting, enhancing, and formulating

necessary revisions if called for under the tutelage of the Chief, BJMP.

This guide endeavors to operationalize the doctrine of utilizing inmates

as jail aides for certain limited tasking and enumerating among others

prohibited assignments that would compromise jail security. It will eventually


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fill-in the management gaps that derailed the bureau for uncontrolled and

unregulated selection of jail aides in the past.


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CHAPTER 1: POLICY DECLARATION Article 1. General Provisions

The Bureau of Jail Management and Penology, specifically the

seventeen (17) BJMP Regional Offices; Provincial Administrator Offices;

District, City and Municipal Wardens, are hereby directed to heed and

operationalize the contents of this policy procedures for the purpose of

institutionalizing the practice in the utilization of inmates as jail aides.

All concerned personnel shall serve with utmost professionalism in

following the standard set by the United Nations in the treatment of

prisoners, more particularly in the aspect of respecting the human rights of

every inmate in jail and without losing sight of the fact that the BJMP

exists in the service of society, government through delivery of services to its

clientele.

Section 1. Rationale

The BJMP Policy Procedures on the Selection and Designation of Jail

Aides is guided by the principles of economic/financial, administrative,

operational and technical viabilities, and social acceptability. It seeks to

achieve and preserve an efficient utilization of the meager resources allocated

to the BJMP in fulfilling its mandate and is expected to bring improvement in

the management of inmates utilized as jail aides. Further, it aims for

conscientious application of policy procedures to cope up with the demands of

existing conditions.

Against the backdrop of resource inadequacies of BJMP, there is that

customary sight of inmates doing various jail chores. While the dimension of


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its applicability has to be categorically established, the employment of inmates

to complement personnel on limited sphere of jail functions has been a

common knowledge and socially acceptable practice among jail communities.

Moreover, the use of inmates as jail aides is an inevitable offshoot associated

with having BJMP’s full hand in going about with their primary mandated

functions of security, custody and inmates’ development. Indeed, there are

other aspects of jail jobs that should be done by persons not in anyway

involved in the primary functions of jail officers, yet they have to do so for lack

of personnel specifically appointed to handle non-uniformed-personnel-related

tasks.

Inmates; those persons committed in jail, either sentenced by

imprisonment of not more than 3 years, or those sentenced to more than 3

years awaiting transfer to the Bureau of Corrections, or those persons under

investigation, awaiting trial, undergoing trial, or awaiting final judgment of

court who cannot afford to post bail or because of the nature of their case as

non-bailable; utilized as jail aides, however, should be limited only to those

who are already sentenced. This is based on the fact that sentenced inmates

in BJMP jails do not have to serve more than 3 years and as such they are

less prone to make escape. They would only be too willing to serve as jail

aides with the possibility of them released earlier by virtue of the Good

Conduct Time Allowance (GCTA), which, although not granted by the BJMP,

may be facilitated through close and consistent coordination with the Bureau

of Corrections.

Almost always, it is the inmates who are not sentenced yet who pose a

serious problem when they can no longer be located when the court wants


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their person. Unsentenced inmates in BJMP jails are facing serious charges

ranging from such heinous crimes as murder, rape, homicide, etc., to minor

ones, but owing to the uncertainty of the future which may be too heavy for

them to bear if given the maximum penalty, they have their mind set to

escape when opportunity opens up. It is therefore paramount to emphasize

that only sentenced inmates in district, city, and municipal jails are to be

utilized as jail aides.

In order, however, that a jail aide may certainly be able to avail himself

of the GCTA, only sentenced inmates with at least still two (2) years to serve

in jail shall qualify to become a jail aide.

Section 2. Purpose

This policy guide enunciates the procedures and guidelines for BJMP

jail administrators in the implementation of the procedures in the selection and

designation of jail aides.

Section 3. Scope and Limitation

The policy instrument shall:

1. serve as the instrument of putting order to the manner by which

inmates in BJMP jails are to be utilized as jail aides;

2. delineate the types of inmates who may be used as jail aides;

3. apply to the advantage of both jail personnel and inmates;

4. support the mission, vision, goals, mandate, and existing

regulations of the Bureau of Jail Management and Penology.

Section 4. Policy Security Classification This policy is not in any way a classified document, in fact this is meant

for public consumption as this can also be used as reference by other jail and


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correctional institutions, as well as future studies to suit the growing

complexities of life.

Article 2. Significance of the Policy

This policy shall benefit all BJMP field offices and units and that this will

guide them in the proper methods in proceeding with the use of inmates as jail

aides.

Similarly, this will benefit the inmates themselves who may not be

taken advantage of or exploited in violation of the universally accepted

treatment and humanitarian requirements for handling or dealing with them

while in confinement.

Of prime significance to both jail personnel and inmates is the reality

that no matter how they intend or not intend to exercise what opportunities

available there are in jails to add or reduce the burdens that lie upon their

shoulders, all these should be tempered by what is right and proper and what

is appropriate according to the topographical location of the jail, its outer and

inner perimeters, structure of the jail facility and most specifically the jail’s

internal and external security threats.

Article 3. Office Primarily Responsible (OPR)

1. The BJMP Directorate for Operations shall be the Office

Primarily Responsible in the implementation of this policy;

2. The Directorate for Operations shall supervise and monitor

closely in coordination with the BJMP Regional Offices and the Provincial

Administrator’s Offices the full circulation and operationalization of the policy

in all district, city and municipal jails under BJMP jurisdiction; and


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3. It shall be responsible for initiating policy performance review,

evaluation and revisions when necessary

Article 4. Definition of Terms

City Jail is a BJMP jail facility in the city in which detainees and

inmates serving sentences three (3) years below are confined.

City Prisoner is one who is confined in a city jail and who is sentenced

to a prison term of one (1) day to three (3) years.

Clientele particularly refers to persons confined in jails and are under

the direct charge of the administration.

Carpeta refers to the individual records of an inmate containing such

data as his personal profile, history, and other data of the inmate on file

in jail.

District Jail is a BJMP jail facility which, in most cases, is established

after clustering or adjoining jails and is one of these jails nearest to the

court.

Detainee is a person confined in jail while under investigation, awaiting

trial, undergoing trial or awaiting final judgment of the court but has not

been sentenced yet by the court.

Doctrine refers to a principle or proposition adopted for a certain

purpose.

Escape is an incident in which an inmate gets out of jail custody, either

surreptitiously or openly, through various means to avoid detention of

serving sentence and/or evade court procedures pending dispositions

of his case.


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Good Conduct Time Allowance is a reduction from the sentence

imposed for good behavior, which only the Director of the Bureau of

Corrections can grant.

Inmate is a general term for a person confined in jail, either as a

detainee or a convict.

Inmate Welfare and Development Unit (IWDU)- is the unit

responsible for the management of all programs related to inmates’

welfare and development.

Jail is a facility of place of detention or confinement other than a prison

facility.

Jail Aide refers to an inmate given certain tasks in jail to assist in work,

which may be entrusted to them in order to free personnel from

unnecessary burden.

Municipal Jail is a confinement facility in a town or municipality for

arrested persons under detention and convicted for offenses six (6)

months below.

Municipal Prisoner is one who is confined in a municipal jail and who

is sentenced to a prison term of from one (1) day to six (6) months.

“Outside Connections” refers to influential persons either linked to

political, religious, social and fraternal organizations who, by their

position or place in society, may have protégés in jail and who may

apply undue authority to influence selection of jail aides.

Prisoner (Insular) is a convicted person, usually under confinement in

a national or insular prison facility and anyone of such a categemplory

after having been imposed a penalty of more than three (3) years by


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final judgment of court and confined in BJMP jail has to be remanded

to the Correctional Institution for Women in case of a female and the

New Bilibid Prison in case of a male.

Prisoner is an inmate who is convicted by final judgment.

Policy is a principle or guideline being followed for wise management.

Regional Director is the designation extended to a jail officer who

heads the BJMP field offices and units in a region.

Rehabilitation is used interchangeably to mean correction or reform,

or more appropriately a euphony for punishment.

Security refers to the protection or safeguarding of the jail facility,

particularly against the entry of contraband, escape, and others, to

maintain the normalcy of order inside.

Utilization is using or assigning one for a task.

Work Habit is the attitude of an inmate towards the work he is

assigned to as may be gleaned from his previous performance,

whether that attitude is of a positive or negative nature.


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CHAPTER 2: POLICY PROCEDURES Article 1. Procedures in the Designation of Jail Aides

Section 1. Coverage

Only District, city and municipal jails with sentenced inmates serving

not more than three (3) years imprisonment shall be allowed for employment

as jail aides, provided that these inmates have expressed willingness to

assume such tasks as may be considered not prohibited under Chapter 3,

Section 5 hereof. In case, however, an inmate has already been sentenced

but is still facing another charge, he shall not be allowed to perform functions

of a jail aide. In no case, therefore, shall an inmate who is under investigation,

undergoing trial, awaiting trial, and awaiting final judgment of court be

employed as jail aide.

Section 2. Process of Selection

a. A jail committee, the Jail Aide Selection Committee, shall be

formed and whose decision shall be the basis for the designation of jail aides,

subject to the approval of the Warden. This committee shall be composed of

the following jail staff:

Deputy Warden - Chairman

Chief, IWD Unit - Member

Chief, Operations Unit - Member

Chief, Records Unit - Member

Chief, Investigation Unit - Member

Chief, Intelligence Unit - Member

Representative from Service Provider - Member


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b. The committee through a resolution shall determine the number of

jail aides’ requirement for a jail but not to exceed 4% of the total inmate jail

population.

c. The committee shall announce the nomination period, which shall

not exceed fifteen (15) days.

d. Anybody can nominate inmate/s for the jail aide position.

e. An inmate can also nominate himself/herself for the position.

f. All nominations shall be in writing addressed to the Chairman of the

Jail Aide Selection Committee. The committee may design a standard

nomination format for the purpose of uniformity of written nominations.

g. After the nomination period is over, in accordance with the set

criteria stipulated in the ensuing section 3 of herein article, the committee

shall begin processing all nominations.

h. The list of qualified nominees, with their photographs, for the

shortlist shall be posted in conspicuous places in the community for fifteen

(15) days to encourage comments, additional information, and feedbacks from

the society. Posters should bear contact details of the committee.

i. For a qualified nominee to be included in the shortlist, a majority vote

from the committee members is required.

j. After thorough committee deliberation, it shall submit to the warden a

shortlist, with a committee resolution, of qualified inmates for the designation

of jail aides.


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k. The warden could only designate jail aides out of the submitted

committee shortlist. Designation and termination of jail aides shall be

subjected to a memorandum order signed and approved by the warden.

l. No inmate shall be allowed to perform jail aide functions unless he

has gone through the aforesaid processes.

m. The list of selected/designated jail aides shall be reported in writing

regularly by respective wardens every end of the month to the Regional Office

through their Provincial Administrator’s Office.

n. The BJMP Regional Offices shall furnish the same monthly list of jail

aides to the BJMP-NHQ Directorate for Operations.

Section 3. Qualifications/Criteria

As has already been established, only convicted district, city, and

municipal inmates are qualified to be selected or designated as jail aides.

Further, the following criteria should be strictly observed in their selection:

a. Security – has the prisoner ever attempted to escape?

Although this information is in the prisoner’s record, only a

few members of the jail staff may know it. Does he have any

problems? Does he have a family or marital problem, the

possibility of a new criminal charge, difficulty with other

inmates?

b. Work Habits – How he accepts orders, his ability to understand

direction, and the quality and quantity of his work. An inmate whose record is

below average in these areas will be a problem.


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c. Behavior in Confinement – Both formal and informal

disciplinary reports must be reviewed. Equally important is information about

day-to-day behavior from jail officers who know him.

d. Skills – Is the inmate a skilled worker (carpenter, electrician,

baccalaureate degree holder, etc.)? These skills may offer other fringe

benefits for the bureau.

e. Connections/Membership in Affiliations in Various

Organizations within the Jail and/or in the Society – Thorough review of

his personal records/circumstances is essential.

f. Relative of an influential Person – The inmate’s relationship

with influential persons may cause for difficulties in handling the inmate.

g. Medical and Mental Conditions – an inmate who suffers

unpleasant medical and mental conditions may pose administration problems.

Section 4. Additional Guidelines

a. Selection Process

1. Never select on the basis of “outside connections”;

2. Never select on the assumption that because an inmates

has served lots of time around jails he must have known

so well the tasks that he will be a valuable asset in

operating the jail; and

3. Never select an inmate without his expressed consent to

accept designation as jail aide.

b. Once Selected:


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1. Jail aides, as much as possible, should not be housed

with other inmates; and

2. Jail aides must be searched at intervals.

3. Jail aides may be utilized as intelligence operatives to

monitor scalawag personnel, inmates and inmate’s

visitors.

c. Responsibility for Escape of Jail Aide:

In case of an escape by a jail aide and the circumstances surrounding

it clearly shows that said escape succeeded out of his personal intent and not

of other factors, as when he is made to escape by another party who may

have direct interest in that escape, existing rules or policies that pinpoint

responsibility for such lapses shall prevail – that is, the personnel or guards

on duty and to whom he is supposed to have been entrusted by virtue of their

tour of assignment, shall be held responsible.

Section 5. Limitation of Tasking

There should be a limit to the work to be done by jail aides and these

are, but not limited, to the following:

1. Cleaning of jail premises

2. Delivery of supplies from one part of the jail to another

3. Cooking food

4. Garage work

5. Loading and unloading of goods and commodities

to and from vehicles

6. Fetching water from water installation inside jail premises


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7. Trimming the lawn

8. Painting and other maintenance

9. Laundry work

10. Assisting staff in serving meals to inmates

11. Assisting staff in implementation of inmates welfare and

development programs/projects

12. Other analogous tasks inside the jail and its premises that

may be determined appropriate by the Jail Aide Selection

Committee (JASC)

Section 6. Prohibited Assignments

In no case shall an inmate utilized as jail aide be tasked to do the

following:

1. Open jail gates

2. Search visitors

3. Go out of jail premises on an errand

4. Handle keys and firearms

5. Perform custodial duties

6. Perform sensitive records keeping duties such as making

entries in the carpeta

7. Handle carpeta and the like

8. Receive and transmit commos and/or information by

answering telephone calls, radio and other means of

communication.

9. Assign duties of personnel

10. Supervise inmates/prisoners


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11. Meet the public

12. Operate Security devices

13. Handle inmates funds

14. Any other assignments of a similar nature and analogous to

those above mentioned as maybe determined by the Jail Aide

Selection Committee (JASC)

Article 2. MISCELLANEOUS PROVISIONS

Section 1. Privileges of Jail Aides In addition to his privileges as a common inmate, and in order to

maintain his enthusiasm and enhance his positive attitude towards the

responsibilities for which he has been specially tasked to assume, a jail aide

shall enjoy the following extra privileges:

1. He shall be allowed to wear the yellow uniform for

inmates with an inscription “Jail Aide” at the front and back of it

(uniform).

2. He shall be allowed out of his cell (in case there is no

separate housing for jail aides) during the day when others are

supposed to be in, even if he is not tasked to do a chore and during the

early hours of the night before announcement for TAPS upon the

consent of the jail warden and under the vigilant eyes of the duty

personnel and when the jail situation so permits.

3. He shall be allowed to receive family-member visitors in

any conspicuous places, upon permission of duty custodial personnel,

other than the visiting area, subject to existing rules on security and, if


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conjugal visit is allowed in jail, he shall be given priority or preference

in case scheduling is tight and not everybody desiring it may be

accommodated.

4. Should there be any extra amount or items for the basic

needs generally distributed for inmates, he shall be allowed to share of

these excess provisions.

5. He shall be allowed access to the kitchen and its

facilities, if jail situation so permits, to cook raw food brought in by his

visitor/s subject to security requirements.

6. He shall be issued a certificate of good conduct by the jail

warden upon release from the jail with an unbroken record of good

service as jail aide reckoned from the time of his selection and

employment as such without considering span of months or years.

Such certificate may be used by the inmate for employment purposes

upon his/her release to the society.

7. Most importantly, a jail aide who, for the first two years of

his imprisonment, has not had any breach of discipline and rules and

regulations is deemed to be one of good behaviour and thus be

recommended for the GCTA, with a deduction of five (5) days for each

month. For the third year, he shall be allowed eight (8) days for each

month.

Section 2. Sanctions Against Jail Aides for Violation of Jail Rules

Jail aides who commit any breach of jail rules and regulations shall be

sanctioned, thus:


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1. They shall be imposed sanctions similar to or in the manner other

inmates are sanctioned for corresponding offenses.

2. For light offenses, suspension as jail aides and corresponding

privileges.

3. For grave offenses, they shall be terminated as jail aides;

4. Disqualification for granting GCTA.

Section 3. Sanctions Against Personnel for Abuse of Jail Aides

Personnel who shall maltreat inmates utilized as jail aides shall be

prosecuted in accordance with existing criminal and administrative laws as

provided for under Chapter 4 herein.

Section 4. Ratio of Jail Aide Versus Inmates Versus Personnel

Logically, the more inmates there are, the more jail aides there should

be, and the less personnel there are, still the more need for jail aides. Hence,

in determining the number of jail aides to be utilized, it should be based on the

number of inmates only. It will not matter how many personnel there are,

since the services of jail aides are more for their fellow inmates and less or

none at all for the personnel. The ratio of 1 jail aide for every 25 inmates

(1:25) or four percent (4%) of the total inmate population is ideal.

Section 5. Preventive Measures Against Maltreatment of Jail Aides by

Personnel

The following are the “Dos” and Don’ts” for personnel in the utilization

of inmates as jail aides:

A. DOs –


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1. See to it that you are guided by the items provided in Section 5,

Article 1 of Chapter 2 of this Manual as to what tasks only are allowed

to be done by jail aides. Think twice before you make them do outside

those provided therein, or otherwise consent of the jail warden or duty

officers is necessary.

2. The test of propriety of task you want them to do is to ask and

answer this question: “Is it for the inmates or the jail as a whole, or

for me personally that I am making them do a work?”

3. Consider jail aides as inmates for whom you have the

responsibility to care and to secure, not as your household helpers

whom you pay for the services they render.

4. Should there be any doubt about what you intend them to do,

asks your immediate superior.

B. DON’Ts --

1. Don’t ever attempt to go against the provision of Section 6,

Article 1 of Chapter 2 of this policy procedures setting forth the

prohibition on certain assignments of jail aides.

2. Don’t make inmate jail aides lose respect to you as you would

not want your sons and daughters or your brothers and sisters lose

respect to you.

3. Don’t allow them to take so much familiarity with you just as you

would not want other inmates to be of such close to you by simply

remembering the saying: “Familiarity breeds contempt”. Such could

cause mutual abuse and with you as personnel at the losing end.


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CHAPTER 3: PROPAGATION AND ADHERENCE

All concerned BJMP members; specifically those assigned in jails, shall

abide with the policy guidelines herein set forth and shall, henceforth, promote

the practice of these without giving room to any attempt for a compromise.

This policy procedure shall serve as the measure of performance in jail in

terms of adhering to rules and regulations duly handed down for observance

by units concerned.


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CHAPTER 4: ADMINISTRATIVE SANCTIONS For acts or omissions that merely require administrative sanctions, the

applicable punishments as provided for by the BJMP Disciplinary Machinery

shall apply with the Civil Service Commission rules and regulations shall be in

suppletory character.


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CHAPTER 5: AMENDMENTS Any amendment to or revision of this policy procedure may be initiated

and reviewed in a committee created for the purpose.


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CHAPTER 6: SEPARABILITY CLAUSE If any provision of this manual is held invalid by any subsequent rules

and issuances, the other provisions not affected thereby shall continue in

operation.


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CHAPTER 7: EFFECTIVITY

This policy procedure shall take effect upon approval by the Chief BJMP.

proposed bjmp policy procedures in the selection and designation of jail aides

Documents

bjmp field offices

bjmp regional offices

bjmp policy procedures

awaiting final judgment

bjmp jail facility

policy procedures

final judgment

policy procedure