Board Regulation No. 2, Series of 2022 of the Dangerous Drugs Board (Re: Amending Board Regulation No. 8, Series of 2021 Entitled "Authorizing the Bureau of Jail Management and Penology to Operate Jail-Based Drug Reformation Centers")
OCA Circular No. 347-2022 outlines the amendments to Board Regulation No. 8, Series of 2021, by the Dangerous Drugs Board, which authorizes the Bureau of Jail Management and Penology (BJMP) to operate jail-based drug reformation centers known as "Kanlungan sa Piitan." This program targets Persons Deprived of Liberty (PDLs) sentenced to six months of rehabilitation for first-time offenses related to drug use, provided they meet specific criteria, including a drug dependency examination. The BJMP is allowed to pilot test this program and issue certificates of completion for PDLs who successfully finish the rehabilitation. If BJMP facilities are unavailable, PDLs will be referred to appropriate community-based or facility-based rehabilitation programs based on their level of drug dependency.
December 14, 2022
OCA CIRCULAR NO. 347-2022
| TO | : | All Judges of the Regional Trial Courts |
| SUBJECT | : | Board Regulation No. 2, Series of 2022 of the Dangerous Drugs Board (Re: Amending Board Regulation No. 8, Series of 2021 Entitled "Authorizing the Bureau of Jail Management and Penology to Operate Jail-Based Drug Reformation Centers") |
Relative to OCA Circular No. 32-2022 dated 10 February 2022 (Re: Board Resolution No. 8, Series of 2021 of the Dangerous Drugs Board), appended herein as Annex "A" is the Board Regulation No. 2, Series of 2022 of the Dangerous Drugs Board (Re: Amending Board Regulation No. 8, Series of 2021 entitled "Authorizing the Bureau of Jail Management and Penology to Operate Jail-Based Drug Reformation Centers").
Particular attention should be given to the following quoted provisions of the subject board regulation:
Section 2. General Provisions and Procedures. — The BJMP may operate jail-based reformation program called "Kanlungan sa Piitan" within the confines of its jail facilities.
Section 3. Coverage. — This Regulation covers PDLs ordered by the courts to undergo six (6) months of rehabilitation as a penalty for the first offense in Section 15 of Article II of Republic Act No. 9165 and/or those who availed of plea-bargaining covered by A.M. No. 18-03-16-SC issued by the Supreme Court on August 10, 2018:
Provided, however, that the concerned PDL have been subjected to drug dependency examination (DDE) by a Department of Health (DOH) accredited physician as a requirement of the court, wherein he/she is found to be a non-user or must have been declared to have "MILD" dependence;
Provided further that the PDL has no other pending criminal cases or other unserved penalties;
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Section 6. Interventions. — Considering that the establishment and operation of jail-based reformation are still at its inception and its target clientele are persons who use drugs with criminal justice involvement, the BJMP may pilot test the "Kanlungan sa Piitan" and other reformation models, whenever applicable in the development and implementation of its intervention programs.
Section 7. Certificate of Completion. — The designated Program Heads of BJMP reformation facilities shall be responsible for issuing the required certificate of completion for PDLs who availed of and completed the Program in compliance with the order of the court for service of penalties and for other legal purposes.
Section 8. Referral. — In areas where there are no BJMP designated reformation programs, PDLs required to undergo six (6) months rehabilitation as a penalty shall be referred to community-based drug rehabilitation programs for those with "MILD" dependency while those with "MODERATE" or "SEVERE" dependency shall be referred to Facility-Based Out-patient DOH-accredited rehabilitation practitioners and service providers or Residential In-patient DOH-accredited rehabilitation center, respectively in accordance with Board Regulation No. 7, series of 2019.
For information, guidance, and strict observance.
(SGD.) RAUL B. VILLANUEVACourt Administrator
ANNEX A
DDB Board Regulation No. 2, s. 2022