Separate Facility for Heinous Crimes Act

Based on the Constitution:
- Emphasizes maintenance of peace and order, protection of life, liberty, property, and promotion of general welfare.
- The State values human dignity and guarantees full respect for human rights.
Promotes welfare and basic rights of persons deprived of liberty (PDL) in national penitentiaries.
Adheres to the principle of separating PDLs based on age, sex, criminal record, and rehabilitation requirements.

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

Heinous crimes: Defined under RA No. 7659; includes crimes like treason, piracy, bribery, parricide, murder, infanticide, kidnapping, robbery with violence, arson, rape, human trafficking, illegal drug trafficking.
High-level offender: Person convicted of heinous crimes sentenced to reclusion perpetua or life imprisonment.
Person deprived of liberty (PDL): Person sentenced for an offense under RPC, customs, immigration, election, and special penal laws under BuCor jurisdiction, including those temporarily confined.
Secured and isolated place: Location far from civilian communities ensuring safety and security against intrusions.

Creation of separate, secure, sanitary penitentiaries exclusively for PDLs convicted of heinous crimes.
Location: Away from general population, preferably on military establishment or island separate from mainland.
Facility must be secured and isolated to prevent unwarranted contacts.
At least three facilities: one each in Luzon, Visayas, and Mindanao.
BuCor to classify and assign heinous crime PDLs to these facilities.

BuCor leads the transfer process with possible assistance from DILG, PNP, AFP, or PCG for transport by air or sea.
Expenses for transfer charged to BuCor budget.
Transfers must minimize public exposure and protect PDLs from insult, curiosity, or publicity.
Inconveniences and physical hardships during transfer are prohibited.
Male and female PDLs transferred using separate vehicles.
Women and minors (15-17 years old) kept in separate buildings within the facility.
Reports on transfer submitted jointly to Senate President and House Speaker.
Transfers to be completed within 30 days after facility completion.

State-of-the-art with 24/7 surveillance cameras and advanced IT security systems.
Enhanced security on locks, doors, and perimeter.
Facility to be kept clean and habitable with sanitary toilets and showers.

PDLs can communicate only with relatives or legal counsels.
Conditions for communication set by BuCor Director General and approved by Secretary of Justice.

Regular internal inspections by prison administration.
Regular external inspections by Department of Justice (DOJ).
Ensures compliance with Constitution, the Act, other laws, and penal system objectives.

Regular random drug tests for PDLs convicted of heinous crimes.
Tests conducted by accredited forensic or DOH-monitored laboratories to ensure quality.

BuCor to establish effective IT systems for maintaining and transmitting inmate records.
IT to be integrated with other law enforcement agencies for better monitoring.

BuCor must submit bi-annual reports starting from construction phase of facilities.
Reports to include progress, budget use, and status of implementation.
After occupancy, reports to be submitted annually to Senate President and House Speaker.

Necessary funds to implement the Act to be included in the General Appropriations Act annually.

Secretary of Justice to promulgate implementing rules within 90 days of the Act’s effectivity.
Coordination with BuCor Director General required.

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

Laws and issuances inconsistent with this Act are amended or modified accordingly.

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