Jail Integration Act

Senate "Office of the chreictarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG 14 P5:47 SENATE RECEIVED BY: 1196 Senate Bill No. _ Introduced by Senator Juan Miguel "Migz" F. Zubiri AN ACT TRANSFERRING THE CONTROL AND SUPERVISION OF THE PROVINCIAL AND SUB-PROVINCIAL JAILS TO THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE The country's jail management is currently divided into two levels-the national and the provincial. The Bureau of Jail Management and Penology (BJMP) oversees city, municipal, and district jails, while provincial governments oversee provincial and sub- provincial jails. As of December 2019, there are 61 provincial and 23 sub-provincial jails in the country, operating under the management and administration of their respective provincial governments. In the current system, prisoners are subjected to different standards of treatment. This measure seeks to transfer the control and supervision of provincial and sub- provincial jails under the competent administration and management of the BJMP. Once passed, this bill will eliminate the disparity in the handling of our jails as the BJMP's policies and guidelines will be implemented in both BJMP-supervised city, municipal, and district jails, and provincial and sub-provincial jails ensuring a uniform national standard of jail management. With this proposal, detention facilities will be synchronized with BJMP's Manual on Habitat, Water, Sanitation, and Kitchen in Jails. The problem of congestion in our jails will also be better addressed under this proposal. This proposed legislation is also envisioned to preserve the right of Persons Deprived of Liberty (PDLs) as it warrants the safety of inmates, and persons in custody awaiting investigation. In view of the foregoing, early passage of this bill is earnestly sought. 1. JUAN MIGUEL "MIGZ" F. ZUBIRI

Scuate Office of the doreectary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG 14 P5:47 RECEIVED BY: SENATE 1196 Senate Bill No. _ Introduced by Senator Juan Miguel "Migz" F. Zubiri AN ACT TRANSFERRING THE CONTROL AND SUPERVISION OF THE PROVINCIAL AND SUB-PROVINCIAL JAILS TO THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Jail Integration Act."

SEC. 2. Declaration of Policy. - It is the policy of the State to promote the general

welfare and safeguard the basic rights of persons deprived of liberty. Further, the State recognizes its responsibility to strengthen government capability aimed towards the strengthening of the delivery of basic services to the citizenry through the institutionalization of highly efficient and competent jail services. Toward this end, the State shall provide uniform standards and policies in the administration of jails and the safekeeping of persons deprived of liberty by placing the administration of local jails to a single authority.

SEC. 3. Transfer of Provincial and Sub-Provincial Jail. - The control and supervision

over provincial and sub-provincial jail is hereby transferred to the Bureau of Jail Management and Penology (BJMP). For this purpose, the management, control and supervision of existing provincial and sub-provincial jails, including all its property, equipment, and finances, shall be transferred to the BJMP, subject to existing laws.

SEC. 4. Transition Period. - For orderly transfer of management and operation of

provincial and sub-provincial jails, a three (3) year transition period is hereby established, to commence from the date of the effectivity of this Act: Provided, That during the transition period, the concerned Provincial Government shall continue funding the subsistence allowance of inmates and the maintenance of jail facility including, but not limited to, electric and water expenses and necessary repairs until such time that the total and full control and supervision of the facility has been transferred to the BJMP.

SEC. 5. Provincial and Sub-Provincial Jail Employees. - The existing employees and

personnel of provincial and sub-provincial jails shall enjoy security of tenure and shall be absorbed by the BJMP subject to the qualification standards as provided for in

Republic Act No. 9263, otherwise known as the "Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004," as amended, and other applicable laws, pertinent rules and regulations of the Civil Service Commission (CSC): Provided, That the BJMP shall take proactive measures in training and enhancing the capacity of employees and personnel of provincial and sub-provincial jails to obtain the necessary qualifications: Provided, further, That those who will fail to comply with the qualification standards at the time of transfer shall be given five (5) years from the lapse of the transition period as provided in this Act to complete the necessary requirements for the concerned position: Provided, furthermore, That for purposes of computation of retirement and pension benefits, the term "active service" shall include services rendered by employees affected in the provincial and sub-provincial jail prior to the enactment of this Act: Provided, finally, That the Provincial Government is hereby encouraged to absorb those employees who have already reached the mandatory retirement age in BJMP at the time of effectivity. Employees opting to be separated from the service as a result of the transfer under the provisions of this Act shall receive separation benefits in accordance with existing laws. In addition, those who are qualified to retire shall be allowed to do so and be entitled to all benefits provided for under existing retirement laws. The BJMP, in coordination with the Technical Education and Skills Development Authority (TESDA) and other government agencies, shall also provide training programs for the upskilling and reskilling of the affected personnel and employees.

SEC. 6. Appropriations. - The initial amount necessary for the implementation of

this Act shall be charged against the current fiscal year's appropriations of the BJMP and concerned provincial government. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

SEC. 7. Implementing Rules and Regulations. - The Department of the Interior and

Local Government and BJMP, in coordination with the Provincial Governments, CSC, and other stakeholders, shall, within sixty (60) days from the effectivity of this Act, promulgate the rules and regulations to effectively implement the provisions of this Act.

SEC. 8. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in full force or effect.

SEC. 9. Repealing Clause. - Sections 61, 62 and 63 of Republic Act No. 6975,

otherwise known as the "Department of the Interior and Local Government Act of 1990," as amended, are hereby amended or modified accordingly. Any law, presidential decree or issuance, executive order, letter of instruction, rule or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days following its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,