Title
Separate Facility for Heinous Crime Convicts
Law
Republic Act No. 11928
Decision Date
Jul 30, 2022
The Separate Facility for Heinous Crimes Act mandates the establishment of secure, isolated penitentiaries for individuals convicted of heinous crimes, ensuring their separation from the general prison population and enhancing security and rehabilitation measures.
A

Declaration of Policy

  • The State emphasizes the maintenance of peace and order, protection of life, liberty, and property, and promotion of general welfare as essential for democratic enjoyment.
  • Upholds the dignity and human rights of every person deprived of liberty (PDL).
  • Affirms that different categories of PDLs should be housed separately considering age, sex, criminal record, and rehabilitation needs.

Coverage

  • Applies to all PDLs convicted of heinous crimes serving sentences in Bureau of Corrections (BuCor) penitentiaries and facilities.

Definition of Terms

  • "Heinous crimes" defined per RA No. 7659 including treason, piracy, bribery, parricide, murder, infanticide, kidnapping, robbery with violence, arson, rape, human trafficking, and illegal drugs trafficking.
  • "High-level offender" refers to convicted persons sentenced to reclusion perpetua or life imprisonment for heinous crimes.
  • "Person deprived of liberty (PDL)" includes all sentenced persons under various penal laws, whether or not they have appealed, and those temporarily confined.
  • "Secured and isolated place" means a geographically removed location ensuring community safety and security against intrusions.

Establishment of Separate Facilities for Heinous Crimes Convicted PDLs

  • Mandatory establishment of separate, secure, sanitary penitentiaries exclusively for PDLs convicted of heinous crimes.
  • Facilities to be located away from general populations, preferably within military establishments or isolated islands.
  • At least three separate facilities must be established: one each in Luzon, Visayas, and Mindanao.
  • BuCor to classify PDLs convicted of heinous crimes to serve in these separate facilities.

Transfer Procedures

  • BuCor leads transfers, with possible support from DILG through PNP, AFP, or PCG, especially for air or sea transport.
  • Transfer expenses charged to BuCor budget.
  • Transfers must minimize public exposure and protect PDLs from insult or curiosity.
  • Prohibition of unreasonable inconvenience or physical hardship during transfer.
  • Separate vehicles for male and female PDLs; women and minors 15-17 years segregated within the facility.
  • Transfer to occur within 30 days from facility completion.
  • Joint reports on transfers to be submitted to Senate and House leadership.

Facility Standards

  • Facilities must be state-of-the-art equipped with 24-hour surveillance, advanced security locks, and perimeter protection.
  • Must maintain cleanliness and habitability at all times.
  • Provision of sanitary and hygienic toilets and showers.

Visitation Rules

  • PDLs convicted of heinous crimes permitted communication only with relatives and legal counsel.
  • Conditions of visitation subject to Director General of BuCor's recommendation and Justice Secretary's approval.

Inspection and Monitoring

  • Regular internal inspections by prison administration.
  • Regular external inspections by the Department of Justice to ensure compliance with laws and objectives.

Drug Testing

  • Regular random drug testing of PDLs convicted of heinous crimes.
  • Tests conducted by accredited forensic or health department laboratories to ensure accuracy.

Legislative Oversight

  • Congress to conduct systematic, regular reviews of the Act's implementation and compliance.
  • Reviews to be performed by Senate and House committees with jurisdiction.

Information Technology Systems

  • BuCor to maintain an effective IT system for inmate records, accessible across penal institutions and linked with law enforcement agencies for monitoring.

Reporting Requirements

  • Bi-annual progress and budget reports by BuCor to Senate President and House Speaker from construction commencement until completion.
  • Post-occupancy, annual implementation status reports to be submitted.

Appropriations

  • Necessary funds for implementation to be provided in the General Appropriations Act annually.

Implementing Rules and Regulations

  • Secretary of Justice, in coordination with BuCor Director General, must promulgate implementing rules within 90 days of Act’s effectivity.

Separability Clause

  • If any provision is declared unconstitutional, the rest of the Act remains effective.

Repealing Clause

  • Laws, rules, regulations inconsistent with this Act are amended or modified accordingly.

Effectivity

  • The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.

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