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CA 101 Lecture 8

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605 views22 pages

CA 101 Lecture 8

https://www.scribd.com/book/387792547/Basic-Concepts-in-Criminology-Handbook-for-Law-Enforcement-Personnel-Police-Corrections-and-Security-Officers

Uploaded by

Johnpatrick Dejesus
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© © All Rights Reserved
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TRANSFER OF INMATES

TRANSFER OF INMATE TO ANOTHER PRISON

An inmate may be transferred by the Director upon the


recommendation of the Superintendent concerned to
another prison facility to bring said inmate closer to his
family or as part of his rehabilitation program.
TRANSFER OF INSANE INMATES

An inmate who has been confirmed to be mentally


abnormal or insane may be transferred to a mental
hospital with the approval of the Director.
TRANSFER OF INMATE TO A STOCKADE OF
THE ARMED FORCES OF THE PHILIPPINES
(AFP)
The confinement of an inmate may be transferred to an AFP stockade
provided the inmate is certified as minimum security risk and does not
belong to any of the following categories:
a. Inmate serving a life term or sentenced to death;
b. Inmate with a previous record of escape;
c. Recidivist;
d. Inmate serving sentence for a crime involving moral turpitude; e. Female
inmate;
f. Inmate who had previously been transferred to an AFP stockade and was
returned to prison for cause;

g. Inmate who is more than fifty (50) years old or who can no longer
perform manual work;

h. Inmate who is a permanent resident of a place within a radius of one


hundred (100) kilometers from the AFP stockade where he is being
transferred; or

i. Inmate with a pending case or who is a witness in any pending criminal


case.
TRANSFER OF INMATE NOT ELIGIBLE TO BE A
COLONIST TO A PRISON AND
PENAL FARM
Upon the recommendation of the Classification Board, the Director may
also transfer to a prison and penal farm an inmate who, although not
eligible for classification as a colonist, is:

a. physically and psychologically ;t to absorb the rehabilitative program


in the colony, or
b. b. that such an assignment is therapeutically indicated.
TRANSFER OF INMATES TO A
PROVINCIAL JAIL AND VICE VERSA
• The President of the Philippines may direct, as the
occasion may require, the transfer of inmates from a
national prison to a provincial jail, or vice versa.

• The expenses for such transfers shall be borne by the


Bureau except the cost of escort service which shall be
provided by the Philippine National Police.
MENTAL AND PHYSICAL EXAMINATION
OF INMATE TO BE TRANSFERRED

The inmate shall be given a mental and physical


examination prior to his transfer.
CHAPTER 6
OUTSIDE MOVEMENT OF INMATES
MOVEMENT OF INMATE OUTSIDE
CONFINEMENT FACILITY
The Superintendent of a prison may authorize an inmate to be
taken out of prison in the following instances:
a. to appear in court or other government agency as directed by
competent authority;
b. for medical examination/treatment or hospitalization in an outside
clinic or hospital; or
c. to view the remains of a deceased relative.
APPROVAL BY SECRETARY OF
OUTSIDE MOVEMENT

The prior approval of the Secretary shall be required for


the outside movement of an NBP or CIW inmate.
OUTSIDE MOVEMENT OF DEATH
CONVICT
A death convict shall not be allowed to leave his place of
confinement except for the urgent treatment or diagnosis
of a life-threatening or serious ailment, if the diagnosis
cannot be done or the treatment provided in the prison
hospital.
BASIS OF COURT APPEARANCE

The court appearance of an inmate shall be based on a


subpoena issued by the court as endorsed by the Director.
COURT APPEARANCE OF LIFE
TERMER OR DEATH CONVICT
• No inmate sentenced to death or life imprisonment confined in the NBP
shall be brought outside said prison for appearance or attendance in any
court except when the Supreme Court authorizes the presiding judge of
said court, upon proper application, to effect the transfer of said inmate.
• The NBP Superintendent shall request the judge in Metro Manila and in
the provinces of Rizal, Bulacan, Cavite and Laguna who requires the
appearance or attendance in any judicial proceeding of an NBP death
convict or life termer to conduct such proceeding within the premises of
the said prison.
APPLICATION TO VIEW THE REMAINS OF A
DECEASED RELATIVE; SUPPORTING DOCUMENTS

A minimum or medium security inmate may, upon written application, be allowed by the
Superintendent to view the remains of the following relatives upon written application and
submission of the original or certified true copies of the death certificate, the burial permit and
the documents specified hereunder:
a. Wife or husband (marriage certificate);
b. Child (birth certificate of child and marriage certificate of the inmate);
c. Brother/sister (birth certificate of brother/sister and birth certificate of the inmate);
d. Father/mother (birth certificate of the inmate);
e. Grandchild (birth certificate of grandchild and of the latter's parent who may be son or
daughter of the inmate);
f. Grandparent (birth certificate of the inmate and of his/her parent who is the son/daughter of
the deceased grandparent).
WHEN TO FILE APPLICATION
• The application to view the remains of a deceased relative and all its
supporting documents shall be ;led with the Superintendent at least two
(2) days before the enjoyment of the privilege sought.

• In the case of an NBP or CIW inmate, the application and its supporting
documents, together with the prison record of the inmate and the
favorable recommendation of the Superintendent thereof and the
Director, shall be forwarded to the Secretary for final action at least one
(1) working day before the privilege is to be enjoyed.
DURATION OF PRIVILEGE

The inmate may be allowed more or less three (3) hours


to view the deceased relative in the place where the
remains lie in state but shall not be allowed to pass any
other place in transit, or to join the funeral cortege
DISTANCE OF TRAVEL

• The privilege may be enjoyed only if the deceased


relative is in a place within a radius of thirty (30)
kilometers by road from the prison. Where the distance
is more than thirty (30) kilometers, the privilege may be
extended if the inmate can leave and return to his place
of confinement during the daylight hours of the same
day.

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