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.