May 10, 2017

BJMP-DI STANDARD OPERATING PROCEDURE NO. 20-17

 

I. REFERENCES

a. BJMP SOP No. 2004-02 dated 14 November 2004 re: Control of Contraband and Physical Evidence;

b. Memorandum from OIC, BJMP dated 19 February 2013 re: Additional Guidelines re: BJMP SOP No. 2004-02;

c. BJMP-DI-SOP-014 dated January 17, 2017 re: Revised List of Authorized Personal Properties of PDLs;

d. Comprehensive Operations Manual Revised 2015;

e. Consultative Meeting on Compendium of Policies on the Contraband Management in Jails dated January 13, 2017;

f. Minutes of Consultative Meeting on the Compendium of Policies on Contraband Management in Jails dated January 13, 2017; and

g. Recommendation of Legal Service Office re: Use of "PDL" in lieu of "inmate" pursuant to Article 10, International Covenant on Civil and Political Rights (ICCPR).

II. BACKGROUND/RATIONALE

Entry of contrabands in BJMP facilities remains a challenge to the maintenance of jail safety and security. Aside from dangerous/serious contrabands, nuisance contrabands cause addiction, health and fire hazards, violence, and even escapes. Overall, contrabands of these kinds compromise the rehabilitation efforts, safety and the security of the jail facility. Nuisance contrabands include but are not limited to cigarettes, liquor, lewd and pornographic materials, and excessive appliances among others. AcICHD

Contrabands in general, create social power. Once items are prohibited, they become in demand. This promotes a social hierarchy and influences illicit activities. Based on observations, PDLs who own a lot of illegal or unauthorized properties can pay other PDLs to work for them. The Bureau has already confiscated a lot of nuisance contrabands over the years, yet handling, custody and immediate disposal of this kind is still not properly implemented. Most of the time, the Jail Wardens are given the discretion to dispose them, however it gets back into the jail system.

To promote penological interest in the context of institutional security, a separate guidelines regarding standard operating procedures in handling, custody and disposition of nuisance contrabands was made.

III. PURPOSE

Establish a uniform policy that would address the issue of handling, custody and disposition of confiscated nuisance contrabands; delineate functions and responsibilities of personnel having authority to handle confiscated contrabands of these kinds; lay down standards for the proper disposition of such items; and set specific guidelines for the conduct thereof.

IV. OBJECTIVES

a. To establish the procedures for systematic handling, custody, and disposition of seized nuisance contrabands; and

b. To instill to the PDLs, visitors and personnel the seriousness of the Bureau in implementing programs aimed at preventing proliferation of other nuisance contrabands and disciplinary procedures in smuggling the same in jails.

V. DEFINITION OF TERMS

Chain of Custody — refers to a written record of names and dates on the flow of custody of an item of physical evidence, which begins when evidence is collected and ends when the evidence is disposed.

Contraband — any item or article inside the jail facility, which is not issued to the PDLs by the BJMP; those that are prohibited by law, which include but not limited to dangerous drugs, firearms and ammunitions; and those that are considered unauthorized and/or excessive based on the existing policies whether or not they pose risks. TAIaHE

Person Deprived of Liberty (PDL) — are detainees who are incarcerated pending trial and/or final judgment. It includes all persons who are arrested, detained, imprisoned or otherwise under custody of the government authorities. PDLs may be held in jails, prisons, detention centers, "lock-ups", hospitals, rehabilitation centers or any authorized facilities.

Physical Evidence — items with evidentiary value and requires presentation before a court of justice or administrative tribunal in relation to pending disciplinary, administrative and criminal proceedings.

Nuisance Contrabands — items or articles possessed by person deprived of liberty (PDL) without authorization or an authorized item but has been altered from its original intent/purpose.

VI. GENERAL GUIDELINES

1. PROPER HANDLING

a. Personnel who confiscated/seized nuisance contrabands from PDL/s or visitors during conduct of planned greyhound operations and search and seizure interventions, shall place the same, if deemed practical, in transparent plastic bag/s. The item/s shall be accounted in the presence of the inmate/s and visitor/s and should be reflected in the contraband identification tag.

b. After being wrapped and labeled, the seized/confiscated nuisance contraband shall be turned over to the jail investigator for taking of photographs, recording and documentation.

c. In the case of nuisance contrabands seized during planned greyhound operations conducted by the Regional Office and National Headquarters, the same wrapping and labeling procedure should be followed. After conduct of inventory and documentation process of nuisance contraband, they must be turned over to the jail unit.

2. PROPER CUSTODY

a. Personnel designated as Property/Physical Evidence Custodian shall, upon receipt of the turned over contraband, record into his/her logbook the date and time the contraband was turned over and the identity and office of the personnel who handed in the item.

b. While the items are not yet relinquished to competent authority, any personnel who has the custody of the same shall record the contrabands in his/her custodian's logbook and Chain of Custody Form. cDHAES

c. Contrabands treated, as physical evidence in any administrative, disciplinary or criminal proceedings shall be kept safe at all times and shall be only presented in court or administrative tribunal when duly issued with a writ.

3. DISPOSITION

a. Seized liquors, cigarettes, gambling paraphernalia, lewd and pornographic materials and other similar items shall be disposed off every end of the month in the jail unit. In all cases, destruction shall be properly documented either by taking photographs or video recording, and shall be recorded in the Custodian's logbook. Wastes generated in the destruction of mentioned contrabands should be disposed in accordance with Republic Act No. 9003 otherwise known as Ecological Solid Waste Management Act.

b. Nuisance contraband considered as physical evidence in an administrative proceeding shall, upon termination of the case and issuance of clearance for destruction by the Hearing Officer, be included in the monthly schedule of disposal of nuisance contrabands.

c. Seized excessive apparels and other personal properties including appliances and those donated by PDL shall be turned over by the Warden to the Regional Inmates Welfare and Development Division for proper disposition. For personal properties donated by a PDL, CPCM Form No. 9. PDL Personal Property Relinquishment Form should be filled-up prior to the acceptance of said donation. The RIWD should donate the same to the jails in their area of responsibility on inmates' need basis.

c. Seized prescription and/or over-the-counter drugs shall be turned over to the unit health for appropriate disposal.

d. Disposition of all other contrabands that are presently under the BJMP custody shall be in accordance with the provisions cited therein.

e. Disposal of all contraband items of these kinds including those considered as physical evidence in a proceeding after clearance issued by the Hearing Officer shall be recorded in the CPCM Form No. 6. Authorization for Disposition of Contraband Items. ASEcHI

VII. SEPARABILITY CLAUSE

In the event that any provision or part of this Standard Operating Procedure has been declared unauthorized or rendered invalid by a competent authority, those provisions not affected by such declaration shall remain valid and effective.

VIII. PENALTY CLAUSE

Personnel found violating any provisions or part of this SOP shall be charged administratively in accordance with the BJMP Administrative Disciplinary Machinery.

IX. REPEALING CLAUSE

All existing issuances that are inconsistent with this policy are hereby rescinded or modified accordingly.

X. EFFECTIVITY

This policy shall take effect fifteen (15) days after registration with the Office of National Administrative Register (ONAR).

Prepared by:

(SGD.) JINSP. MARC FRANCIS T. BAUYAChief, Project Management and

(SGD.) J/SSUPT. ARNEL S. GONGONA, DSCDirector for Intelligence

Reviewed by:

(SGD.) J/CSUPT. ALLAN S. IRAL, CESEDeputy Chief for Operation

Approved by:

(SGD.) J/DIR. SERAFIN P. BARRETTO JR., CESO IVChief, BJMP

ATTACHMENT

A. Procedures in Handling, Custody and Disposition of Nuisance Contrabands

CPCM FORM NO. 1

Contraband Evidence Tag

Republic of the PhilippinesBUREAU OF JAIL MANAGEMENT AND PENOLOGY

_______________________Region

_____________________________Name of Jail

 

Sequential Number
Number of Items Tagged
Description of Items
Exact location where items was seized
Nature of crime/Reason for seizure

Date item was seized

Time Item was seized

 

INMATE/ACCUSED INFORMATION

 

NAME	Nature of Offense	Criminal Case No.
1.
2.
If other than the inmate:
1.
Address:
Witness/es:
PRINTED NAME AND SIGNATURE of Reporting Officer Completing this Form

 

CPCM FORM NO. 2A

Chain of Custody Form

_____________________Region

____________________________Name of Jail

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

CPCM FORM NO. 6

Authorization for Disposition of Contraband Items

Sequential Number: ____________________________________________________

Description (Condition): ________________________________________________

Method of Disposition (check one box)

[ ] Destroy

[ ] Return to the owner

______________________________________

[ ] Sale/Auctioned

[ ] Retain for agency use

______________________________________

[ ] Forward to another Office

______________________________________

[ ] Currency Deposited

____________________________________________________________________

Authorized/Approved by (Name):

______________________________________

Authorized/Approved by (Signature):

______________________________________

Date: _____________________

Disposition pursuant to court order: [ ] Yes (attach copy) [ ] No

CPCM FORM NO. 9

PDL Personal Property Relinquishment Form

If you are the rightful owner of personal property donated and you wish to relinquish your interest in the personal property to another individual, you must complete this form and submit the same with all the required information described in the filing instructions. SDHTEC

I, ____________________________________ (Print First, Middle, Last Name), donor, hereby relinquishes all rights and interests, transfers and conveys by way of donation the following personal properties to the BJMP thru its authorized representative whose name and signature appear below:

(Include No. of items and description of the personal properties donated)

1.

2.

3.

4.

5.

6.

7.

I, _______________________________________ (Name of the Warden-Print First, Middle, Last), donee, representing the BJMP hereby accepts the abovementioned personal properties.

In witness whereof, both parties hereunder subscribed their names this _________ of _________at City of __________________.

_________________________________ ______________________

Witnesses:

_____________________________ __________________________________

PDL Personal Property Relinquishment Form

Kung ikaw ang tunay na nagmamay-ari ng mga baggy na ipinagkaloob bilang donasyon at nais mo ng talikuran ang iyong interes ukol sa mga bagay na iyon para sa taong kanyang pagbibigyan ay kailangan mong punan at lagdaan ang dokumentong ito at ibigay ang mga impormasyong hinihingi dito.

Ako, si __________________________, nagkakaloob ng mga sumusunod na bagay, ay tinatalikuran ang lahat ng karapatan at interes, naglilipat at nagpapasa, sa pamamagitan ng donasyon, ng mga bagay na iyon sa BJMP na kinakatawan ng taong may pangalan at lagda sa ibaba.

(Ilagay ang bilang at paglalarawan ng mga donasyon)

1.

2.

3.

4.

5.

Ako, si ____________________________, kumakatawan sa pinagkalooban na BJMP, ay tinatanggap ang mga nabanggit na bagay. AScHCD

Kusang-loob na nilagdaan ngayong ika-____ ng _______ taong _______ sa Lungsod ng ____________________.

___________________________ ___________________

Mga Saksi:

___________________________ _________________________________