General Guidelines in Managing Seized Contrabands and Physical Evidence in Jails

May 10, 2017

BJMP-DI STANDARD OPERATING PROCEDURE NO. 17-17

 

I. REFERENCES

a. Section 61, RA 6975 otherwise known as the DILG Act of 1991;

b. Comprehensive Operations Manual Revised 2015;

c. BJMP SOP No. 2004-02 dated 14 November 2004 re: Control of Contraband and Physical Evidence;

d. Memorandum from OIC, BJMP dated 19 February 2013 re: Additional Guidelines re: BJMP SOP No. 2004-02;

e. Consultative Meeting on Compendium of Policies on the Contraband Management in Jails dated January 13, 2017;

f. Minutes of Consultative Meeting on Contraband Management in Jails dated January 13, 2017; and

g. Recommendation of Legal Service Office re: Use of "PDL" in lieu of "inmate" pursuant to Article 10, International Covenant on Civil and Political Rights (ICCPR).

II. BACKGROUND

The entry of contrabands in jails has been a long-time concern of the Bureau. It is a prevailing problem that posed implications toward the attainment of the agency's mandate of safekeeping and development.

Despite the stringent security measures in place to prevent entry of different forms of contrabands, couriers still manage to gain jail entry. The change to a more factual form of entry and proliferation of contrabands is through several visitors, service providers, and organic personnel in cahoots with the inmates. It is on this premise that there is a need to intensify the Bureau's campaign against contraband proliferation in jail facilities. Likewise, it is also necessary to enhance the capability of its personnel on the proper handling of contrabands, chain of custody, preservation of its probative value and its eventual disposition through well-defined standards.

To meet penological interest and institutional security, it is therefore imperative to set standards that prescribe the general guidelines and considerations for the proper management of seized contrabands.

III. PURPOSE

This standard operating procedure sets standards in the classification of contrabands according to implications they pose to inmates, visitors and personnel. This laydown important considerations in contraband management such as delineation of duties and responsibilities of the property custodian, establishment of standard storage system, and observation of contraband chain of custody, among others.

IV. OBJECTIVES

a. To properly classify different contrabands according to implications they pose to inmates, visitors and jail officers.

b. To lay down important considerations in managing seized contrabands in jails.

c. To delineate the duties and responsibilities of the property custodian.

V. DEFINITION OF TERMS

Chain of Custody — refers to a written record of names and dates on the flow of custody of an item whether as physical evidence or not, which begins when item is collected and ends when the evidence is disposed.

Contraband — any item or article inside the jail facility, which is not issued to the PDLs by the BJMP; those that are prohibited by law, which include but not limited to dangerous drugs, firearms and ammunitions; and those that are considered unauthorized and/or excessive based on the existing policies whether or not they pose risks.

Nuisance Contrabands — items or articles possessed by person deprived of liberty (PDL) without authorization or an authorized item but has been altered from its original intent/purpose.

Person Deprived of Liberty (PDL) — are detainees who are incarcerated pending trial and/or final judgment. It includes all persons who are arrested, detained, imprisoned or otherwise under custody of the government authorities. PDLs may be held in jails, prisons, detention centers, "lock-ups", hospitals, rehabilitation centers or any authorized facilities.

Physical Evidence — items with evidentiary value and requires presentation before a court of justice or administrative tribunal in relation to pending disciplinary, administrative and criminal proceedings.

Serious/Dangerous Contrabands — items or articles that are prohibited by law that can be used to cause death or serious physical injuries.

VI. GENERAL GUIDELINES

A. Classification of Contrabands

Contraband as defined, is any item or article inside the jail facility, which is not issued to the PDLs by the BJMP; those that are prohibited by law, which include but not limited to dangerous drugs, firearms and ammunitions; and those that are considered unauthorized and/or excessive based on the existing policies whether or not they pose risks. As provided in Title VII of SOP No. 2004-02 "Classification of Contraband Physical Evidence," the categories of contraband are, as follows:

1. Weapons, potential weapons

2. Drugs, drug paraphernalia, alcohol, and tobacco products

3. Money or other commodities of exchange such as jewelry

4. Appliances and Gadgets

5. Wearing Apparels and Sleeping Paraphernalia

6. Other miscellaneous property

For the purpose of this policy and as a revision, contrabands are further classified into two (2) main categories: (1) Serious/Dangerous Contrabands and (2) Nuisance Contrabands.

Serious/Dangerous contrabands are items or articles that are prohibited by law that can cause death or serious physical injuries. Contrabands included in this category are firearms including firearm replicas (toy guns), ammunitions, cellphones, knives, dangerous drugs, controlled precursors, drug paraphernalia, components of making improvised explosive devices (IEDs), weapons for biological mass destruction chemical hazards and etc., which may be used in the commission of a crime or considered potential evidence in a criminal proceeding/s or could be utilized to assist in or effect an escape, or in anyway undermine the safety and security of the facility.

Nuisance contrabands are items or articles possessed by a PDL without authorization or an authorized item but have been altered from its original intent/purpose. Items included are excessive money, excessive authorized items, unauthorized jewelries, over-the-counter drugs including unprescribed drugs, gambling paraphernalia, alcoholic beverages and other items that do not conform to the specifications of authorized items, and such other items that do not fall under the category of serious/dangerous contrabands.

B. Important Considerations in Managing Contrabands

1. Each jail unit shall have contraband/physical evidence storage system. All items, if deemed practical, shall be stored in a plastic bag and/or envelope coded in a numerical order according to their assigned sequential number, then in ascending order by item number. It is preferable that items should be arranged by calendar month for easy reference as to the length of time an item has been held in the storage.

2. Sequential number shall be written in this format:

Office who has the custody on the contraband-year-month-000 (should be in ascending order and should start at 001)

 

e.g.,: A-2017-01-001

A-NHQ

B-BJMPRO1

C-BJMPRO2

D-BJMPRO3

E-BJMPRO-CALABARZON

F-BJMPRO-MIMAROPA

G-BJMPRO5

H-BJMPRO6

I-BJMPRO7

J-BJMPRO8

K-BJMPRO9

L-BJMPRO10

M-BJMPRO11

N-BJMPRO12

O-BJMPRO-NCR

P-BJMPRO-CARAGA

Q-BJMPRO-CAR

R-BJMPRO-NIR

S-BJMPRO-ARMM

T-BJMP Jail Unit

3. The jail investigation unit shall ensure proper security in the storage of physical evidence. Wardens, Regional Director or Director for Operations shall have the discretion to place security mechanisms to storage systems. Unless otherwise authorized by the Warden, Regional Director or Director for Operations as the case may be, only the property custodian shall have access to all contraband items under his/her watch.

4. Ideally, physical evidence should not be stored with other contrabands but should have a separate storage for evidence preservation, and should have the same security mechanisms in place.

5. Each person receiving the physical evidence from the property custodian shall fill-up the CPMC Form No. 2. Chain of Custody Form and may be subject to a subpoena to testify in court/s regarding the possession of that physical evidence.

6. Contrabands having no discernable value or use, and is not traceable to a specific PDL should still be tagged, stored and shall be disposed according to the existing guidelines.

7. Contraband and physical evidence shall be inventoried every month to ensure proper accountability.

8. This policy adopts some provisions in Title XII Documentation Requirements of SOP Number 2004-02 Documentation Requirements.

A. Contraband/Evidence Tags

The following information will be recorded on the "Contraband/Physical Evidence Tag" (CPMC Form No. 1), by any personnel who discovered the item/s that was/were seized:

a. Sequential number

b. Number of items tagged

c. Description of item/s with identifying marks

d. Location where item/s seized

e. Nature of crime/reason for seizure

f. Date and time item/s were seized

g. Name of person where items were seized

h. Personal and criminal circumstances of the person (PDL/visitor/personnel) from whom item/s was seized.

i. Other information

j. Witness

k. Printed name and signature of officer preparing the tag

l. A record of chain of custody to document each person handling the item/s

B. Contraband/Physical Evidence Logs

a. Sequential number

b. Number of items tagged

c. Description of item/s, including brand and model numbers and any other identifying marks

d. Location where items were seized

e. Nature of crime/reason for seizure

f. Date and time items were seized

g. Name of person who seized the item

h. Identification of person from whom the items was seized

i. Date, time, and signature of contraband/physical evidence custodian receiving the item/s.

9. Any time an item is removed from contraband or physical evidence area, an entry shall be made next to the original entry indicating the name of the person removing the item, purpose of removal, and the date and time item/s was removed and returned.

10. When the item/s is finally disposed, an entry shall be made next to the original entry indicating the date and time of removal, method of destruction, and the name of the authorized person destroying/receiving the items. The contraband/physical evidence tag shall be filed and maintained by the Property Custodian.

C. Property Custodian

There shall be a personnel designated as Property Custodian. Preferably, he/she should have excellent organization and record-keeping skills and possess a keen attention to details. He/She may hold other designation/s aside from being a custodian, which shall have the following duties and responsibilities:

1. Take care of all contrabands confiscated from inmates, visitors and personnel and turned over to him/her for safekeeping.

2. Receive contraband items and complete documentation of the same, assigning sequential numbers.

3. Process requests of physical evidence for court presentation.

4. Conduct monthly inventory of items and audit records to ensure accuracy and in cases of discrepancies, he/she shall recommend the same to a competent authority for investigation.

VII. SEPARABILITY CLAUSE

In the event that a provision or part of this Standard Operating Procedure has been declared unauthorized or rendered invalid by a competent authority, those provisions not affected by such declaration shall remain valid and effective.

VIII. PENALTY CLAUSE

Personnel found violating any provisions or part of this SOP shall be charged administratively in accordance with the BJMP Administrative Disciplinary Machinery.

IX. REPEALING CLAUSE

All existing issuances that are inconsistent with this policy are hereby rescinded or modified accordingly.

X. EFFECTIVITY

This policy shall take effect fifteen (15) days after registration with the Office of National Administrative Register (ONAR).

Prepared By:

(SGD.) JINSP. MARC FRANCIS T. BAUYAChief, Project Management and

(SGD.) J/SSUPT. ARNEL S. GONGONA, DSCDirector for Intelligence

Reviewed By:

(SGD.) J/CSUPT. ALLAN S. IRAL, CESEDeputy Chief for Operation

Approved By:

(SGD.) J/DIR. SERAFIN P. BARRETTO JR., CESO IVChief, BJMP

ATTACHMENT

CPCM n Form No. 1. Contraband Evidence Tag

Republic of the Philippines

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

_________________________Region

________________________________Name of Jail

 

Sequential Number
Number of Items Tagged
Description of Items
Exact location where items was seized
Nature of crime/Reason for seizure
Date item was seized		Time Item was seized

 

INMATE/ACCUSED INFORMATION

 

NAME	Nature of Offense	Criminal Case No.
1.
2.
If other than the inmate:
1.
Address:
Witness/es:
PRINTED NAME AND SIGNATURE of Reporting Officer Completing this Form

 

CPCM n Form No. 2A. Chain of Custody Form

Republic of the Philippines

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

_________________________Region

________________________________Name of Jail

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

CPCM Form No. 6. Authorization for Disposition of Contraband Items

Sequential Number: ____________________________________________________

Description (Condition): ________________________________________________

____________________________________________________________________

____________________________________________________________________

Method of Disposition (check one box)

[ ] Destroy

[ ] Return to the owner

______________________________________

[ ] Sale/Auctioned

[ ] Retain for agency use

______________________________________

[ ] Forward to another Office

______________________________________

[ ] Currency Deposited

____________________________________________________________________

____________________________________________________________________

Authorized/Approved by (Name):

______________________________________

Authorized/Approved by (Signature):

______________________________________

Date: _____________________

Disposition pursuant to court order: [ ] Yes (attach copy) [ ] No

 

n Note from the Publisher: Copied verbatim from the official copy.

n Note from the Publisher: Copied verbatim from the official copy.