Question & AnswerQ&A (IRR Republic Act No. 11928)
The IRR is titled 'Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 11928, otherwise known as the Separate Facility for Heinous Crimes Act.'
The IRR aims to prescribe the procedures and guidelines for implementing RA 11928 to facilitate compliance with the Act and achieve its objectives, including promoting the general welfare and basic rights of Persons Deprived of Liberty (PDLs) convicted of heinous crimes.
All Persons Deprived of Liberty (PDLs) convicted of heinous crimes and classified as high-level offenders serving their sentence in penitentiaries and facilities under the Bureau of Correction (BuCor) are covered under this IRR.
Heinous Crimes are crimes that are grievous, odious, and hateful to the senses, involving inherent wickedness, viciousness, atrocity, or perversity, repugnant to common decency and morality, including those mandatorily punishable by death under RA No. 7659 and other crimes declared as such by the Supreme Court.
A High-level offender refers to a person convicted of heinous crimes and sentenced to reclusion perpetua or life imprisonment.
At least three separate facilities must be established: one in Luzon, one in Visayas, and one in Mindanao.
The facilities must be state-of-the-art with surveillance cameras, the latest IT and security systems for 24-hour monitoring, enhanced locks, doors, perimeters, and provisions for renewable energy and self-sustainability.
The FIB is a collegial body under BuCor responsible for conducting monthly internal inspections to ensure the facility is administered according to the Constitution, laws, rules, and regulations.
Transfers must be done within 30 days after facility construction, headed by BuCor, possibly assisted by PNP, AFP, or PCG for transportation; the PDLs must be shielded from public view and insults; separate vehicles for male and female PDLs must be used; and legal counsels must be notified.
PDLs are allowed communication with relatives and legal counsels, including physical visits and alternative modes like phone or video, under supervision, according to UN Standard Minimum Rules and other international standards. Communication with DOJ, BPP, and PPA personnel is allowed only for official purposes.
Congress exercises oversight through committees of the Senate and House of Representatives with legislative jurisdiction over the Act, conducting regular reviews and evaluations.
Regular random drug testing shall be conducted by accredited forensic or drug-testing labs engaged by BuCor, supervised by the Facility Superintendent and medical staff, with tests following protocols of the Department of Health.
BuCor must submit bi-annual reports on construction progress and budget application until completion, and annual reports on facility implementation and PDL status after occupancy, to the President of the Senate and Speaker of the House.
The design includes renewable energy sources such as solar, biogas, rainwater harvesting, complying with RA 10575 and related laws to promote self-sustainability.