Title
Regulation of Reading Materials in Jails
Law
Memorandum Circular Bjmp-do-mc-36
Decision Date
Mar 6, 2018
The Memorandum Circular establishes strict regulations for the entry, use, and disposal of reading materials by persons deprived of liberty in jails, aiming to enhance their intellectual development while ensuring safety and security within the facilities.
A

Background and Rationale

  • Recognizes knowledge and information as essential to nation-building
  • Emphasizes the importance of intellectual development among persons deprived of liberty (PDL)
  • Underlines the mandate for prisons to maintain libraries with recreational and instructional books
  • Identifies challenges posed by unregulated reading materials, including fire hazards, misuse for illicit purposes, and interference with jail security procedures
  • Aims to regulate entry, use, and disposal to prevent illegal and unsafe practices

Purposes of the Circular

  • Control the entry of reading materials into jails
  • Regulate the use of reading materials by PDL
  • Monitor and supervise storage and disposal of reading materials
  • Provide sanctions for violations

Scope of Application

  • Applicable to all jails manned by the Bureau of Jail Management and Penology (BJMP) nationwide

Key Definitions

  • Reading Material (RM): inclusive of bibles, books, magazines, educational and communication materials
  • Unauthorized Reading Material (URM): materials with obscene, pornographic, subversive content, or maps of jail vicinities, including coded or unconventional writings
  • Record of Reading Materials (RRM): official log of all reading materials used by PDL
  • Censorship: suppression or prohibition of content deemed obscene, politically unacceptable, or security threats

General Policies

  • Regulate and monitor the entry and use of reading materials considering safety and security implications

Guidelines and Procedures

  1. Maintain a Record of Reading Materials (RRM), categorizing by personal use, common use, religious, educational, or informative materials, each tagged with unique identifiers
  2. Duty searchers inspect all incoming RMs; unauthorized materials are confiscated or returned
  3. IWD Unit responsible for recording and tagging authorized RMs
  4. Donations by service providers undergo inspection before PDL access
  5. Borrowed common use RMs have set return periods: 1 day for newspapers, magazines, flyers; 3 days for educational materials
  6. Logbook maintained by IWD personnel to record borrowers, dates, and RM details
  7. PDL allowed personal RMs with registration and limitations on quantity and time in cells
  8. Destruction or tampering with RMs prohibited; missing pages lead to disciplinary proceedings
  9. One bible per PDL permitted, duly registered
  10. PDL enrolled in Alternative Learning System (ALS) allowed to keep educational modules, monitored by IWD
  11. Confiscated URMs turned over to contraband custodian; violators face disciplinary action
  12. Excess RMs returned to relatives or stored; unclaimed materials disposed after one month
  13. Aiding entry or use of URM strictly prohibited
  14. PDL upon release or transfer must surrender or bring RMs; no transfer of RMs to other PDL allowed

Implementation, Monitoring, and Supervision

  • Jail Warden responsible for policy education and implementation
  • Chief, Custodial Unit oversees safety, security, and disposition
  • Chief, IWD Section manages categorization, coordination with donors, and RM regulation including educational materials

Penal Clause

  • Non-compliance with policy will result in corresponding sanctions

Separability Clause

  • Invalidity of any provision does not affect the validity of the remaining provisions

Repealing Clause

  • Inconsistent existing issuances are amended or modified

Effectivity

  • Circular takes effect 15 days after filing at the University of the Philippines Law Center, according to the Administrative Code of 1987

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