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Module 7
Topic: Transfer of Inmates
WELCOME CRIMINOLOGY STUDENTS
I. INTRODUCTION:
This module discusses the primary procedures of transferring inmates and the outside
movements of inmates or offenders. This includes the practice of their rights and privileges inside
correction or jail.
II. OBJECTIVES:
At the end of this module, you should be able to:
1. Recognize the purpose of transferring the inmates or offenders
2. Explain the primary reasons on the procedure of movements of offender outside the prison
institution
3. Identify the privileges given to every inmates or offender
III. PRELIMINARY ACTIVITIES:
Before you proceed to the main lesson, test yourself in this
activity.
Search up, down,
forward, backward, and
on the diagonal to
encircle the hidden
words. Hidden words
to find:
1. TRANSFER
2. COLONIST
3. CONFINEMENT
4. MOVEMENT
5. PRIVILEGE
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GREAT!!!
You may now proceed to the main lesson.
IV. LESSON PROPER
Based on the preliminary activities, what did you notice about
it?
_________________________________________________
CONGRATULATIONS!
You may now proceed to the lesson.
LET’S BEGIN
TRANSFER OF INMATES
An inmate maybe transferred by the Prison Director upon the recommendation of the Superintendent
concerned to another prison facility to bring said inmate closer to family or as part of his rehabilitation
program.
Transfer of an insane inmate - an inmate who has been confirmed to be mentally abnormal or
insane maybe transferred to mental hospital with the approval of the Prison Director.
Transfer of an inmate to a stockade of the Arm Forces of the Philippines - the confinement of
an inmate maybe transferred to an AFP stockade provided the inmate is certified as minimum security risk
and does not belong to any of the following categories:
a) Inmate serving a life term or sentence to death;
b) Inmate with previous record of escape;
c) Recidivist;
d) Inmate serving a crime involving moral turpitude;
e) Female Inmate;
f) Inmate who has been previously transferred to an AFP stockade and was returned to prison for cause;
g) Inmate who is more than 50 years of age or who can no longer perform manual work;
h) Inmate who is a permanent resident of a place within a radius of one hundred (100) kilometers from the
AFP stockade where he is being transferred; or
i) Inmate With a pending case or who is a witness in any pending criminal case.
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Transfer of inmates not eligible to be a colonist to a prison and penal farm
Upon the recommendation of the Classification Board, the director may also transfer to a prison and
penal farm an inmate who, although not eligible for classification as a colonist;
a) Physically and psychologically fit to absorb the rehabilitative program in the colony; and
b) that such assignment is therapeutically indicated.
Transfer of an inmate to provincial jail and vice versa
The President of the Philippines may direct the, as the occasion may require the transfer of inmates
from the national prison to a provincial jail or vice versa. The expenses for such transfer shall be borne by
the Bureau except the cost of escort service which shall be provided by the Philippine National Police.
Mental and Physical examination of inmate to be transferred
The inmate shall be given a mental and physical examination prior to their transfer.
OUTSIDE MOVEMENTS OF INMATES
Movement of inmate outside confinement facility- the Superintendent of the prison may authorize
an inmate to be taken out of prison in the following instances:
a) to appear in court or other government agency as directed by the competent authority;
b) for medical examination/ treatment or hospitalization in an outside clinic or hospital;
c) to view the remains of a deceased relative.
Approval by a Secretary of outside movements -prior approval of the Secretary of Justice shall be required
for the outside movements of an NBP or CIW inmates as provided in paragraphs a, b and c above.
Outside movement of the Death convicts-a death convict shall not be allowed to leave his place or
confinement except for the urgent treatment or diagnosis of a life threatening or serious ailments, if the
diagnosis cannot be done or the treatment in the prison hospital.
BASIS OF COURT APPEARANCE
The court appearance of inmates shall be based on subpoena issued by the court as endorsed by
the director.
Court Appearance of life termer or death convict
No inmate sentenced to death or life imprisonment confined in the NBP shall be brought outside said
prison for appearance or attendance in any court except when the Supreme Court authorized the presiding
judge of said court upon proper application to effect the transfer of said inmates. The NBP Cavite and Laguna
who require the appearance or attendance in any judicial proceeding of an NBP death convict or life, termer
to conduct such proceeding within the premises of the said prison.
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Application to view the remain of deceased relative with supporting documents
A minimum or medium security inmates may; upon written application be allowed by the
Superintendent to view the remains of the following relatives upon written application and submission of the
original or certified true copies of the death certificate; the burial permit, and the documents specified
hereunder:
a) Wife or husband (Marriage contract)
b) Child (birth certificate and the marriage certificate of the inmates)
c) Brother/Sister (birth certificate of the brother/sister and birth certificate of the inmates)
d) Father/Mother (birth certificate of the inmates)
e) Grandchildren birth certificate of the grand child and of the letters of parents who maybe son or
daughter of the inmates.
When to file Application - the application to view the remains of a deceased relative and all its supporting
documents shall be filed with the superintendent at least two (2) days before the enjoyment of the privilege
sought.
Duration of Privilege
The inmate may be allowed more or less three (3) hours to view the deceased relative in the
place where the remains lie in state but shall not be allowed to pass any other place in transit; or to join
funeral cortège.
Distance of Travel
The privilege maybe enjoyed only if the deceased relative is in place within a radius of thirty (30)
kilometers by road from the prison, where the distance is more than 30 kilometers; the privilege maybe
extended if the inmates can leave and return to his place of confinement during day time of the same date.
RIGHTS AND PRIVILIGE OF INMATES
Rights of Inmates-An inmate shall have the following basic rights:
a) to receive compensation for labor they perform;
b) to be credited with time allowances for good conduct and loyalty;
c) to send and receive mail matters;
d) to practice their religion or observe their faith;
e) to receive authorize visitors;
f) to ventilate their grievances through proper channels; and
g) to receive death benefits and pecuniary aid for injuries.
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Privileges of Inmates - The following privileges shall also be extended to an inmate:
a) attend or participate in any entertainment or athletic activity within the prison reservation;
b) Read books and other reading materials in the library;
c) Smoke cigar and cigarettes, except in prohibited places;
d) Participate in civic, religious, and other activities authorize by prison authorities; and
e) Receive gifts and prepared food from visitors subject to inspection.
RIGHTS OF DETAINEE -a detainee may, aside from the rights and privileges enjoyed by a finally convicted
inmate to wear civilian clothes grow his hair in his customary style.
Basic security precautions that shall be observed during the transfer/movement of inmates:
1. Do not allow inmates to tinker with the handcuffs;
2. Always ascertain that the inmate does not have crippled, deformed or very small hands that will allow
him/her to "slip" the handcuffs off;
3. Regard all inmates being moved/transferred as extremely notorious, to avoid being careless;
4. Adjust the cuffs properly for tightness to avoid the need of adjustment while on route;
5. Do not allow an inmate to go a toilet or wash-room alone;
6. A jail officer shall always walk one step behind and never in front of an inmate. The inmate shall
always precede the jail officer into an automobile;
7. A jail officer shall be extra careful not to sit, stand or walk next to an inmate while carrying a gun, as
it can be easily grabbed from him;
8. Stopping along the highway while in transit is highly discouraged, especially when
moving/transporting inmates by vehicle hired solely for the purpose; and
9. Personal vehicle of the inmates shall not be used for their movement/transfer
Note: In case an inmate is moved/transferred from one jail to another facility or correctional Institution,
his/her carpeta must be forwarded to the jail where he/she is to be confined and duly received by the
designated Records Custodian.
We had just finished the discussion on transfer of inmates.
Let’s move on to the next higher level of activity/ies or exercise/s that
demonstrate your potential skills/knowledge of what you have
learned.
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V. ANALYSIS, APPLICATION AND EXPLORATION
ACTIVITY 1
Name: ______________________________ Course & Section: __________________
Directions: Write the word TRUE if the statement refers as purpose of transferring the inmates or
offenders and FALSE if not.
__________1. An inmate was transferred to another prison facility for him to be closer to his family as
recommended by the Superintendent.
__________ 2. An inmate was requested to be transferred to another prison facility due to his improper
behavior.
__________ 3. One of the inmates in the city jail wrote a letter to the Prison Director for him to be
transferred to another prison facility because of some personal concerns.
__________ 4. An inmate was transferred to another prison facility as part of his rehabilitation program.
__________ 5. An inmate was transferred to another prison facility as requested by one of the jail officers
of the prison facility.
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ACTIVITY 2
Direction: Describe the procedure of movements of offender outside the prison institution. Fill in
the blanks with the information from the pool of words below:
• Superintendent of the prison
• For medical examination/treatment or hospitalization in an outside clinic or
hospital
• Prison Director
• To appear in court or other government agency as directed by the competent
authority.
• To view remains of a deceased relative.
• Secretary of Justice
• To visit family members during emergency cases.
Approval by:
Authorization by:
Instances that an inmate can be taken out of prison:
a.
b.
c.
Finally, let us summarize the lesson of what we had discussed
today.
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VI. GENERALIZATION
Direction/Instruction: Read the question carefully and answer in not less than 3 sentences. Rubric is
attached for reference and guidance.
1. What are the instances where in the inmate can leave outside the confinement facilities?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Rubric:
Level Description Score
• Well written and very organized.
• Excellent grammar mechanics.
OUTSTANDING • Clear and concise statements. 9-10
• Excellent effort and presentation with detail.
• Demonstrates a thorough understanding of the topic.
• Writes fairly clear.
• Good grammar mechanics.
GOOD 7-8
• Good presentation and organization.
• Sufficient effort and detail
• Minimal effort.
• Good grammar mechanics.
FAIR 6
• Fair presentation.
• Few supporting details.
• Somewhat unclear.
• Shows little effort.
POOR • Poor grammar mechanics. 5
• Confusing and choppy, incomplete sentences.
• No organization of thoughts.
KUDOS!
You have come to an end of Module 7.
OOPS! Don’t forget that you have still an assignment to do.
Here it is….
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VII. ASSIGNMENT
Name: ______________________________ Course & Section: __________________
Direction: Write TRUE if the statement belongs to the rights of an inmate and write letter FALSE
if the statement is just a privilege.
__________1. To receive a compensation for labor they perform.
__________2. Read books and other reading materials in the library.
__________3. To send and receive mail matters.
__________4. Smoke cigar and cigarettes, except in prohibited places.
__________5. To be credited with time allowances for good conduct and loyalty.
(This assignment will be submitted on ________________.)
After your long journey of reading and accomplishing the
module, let us now challenge your mind by answering the
evaluation part of this module.
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VIII. EVALUATION
Name:___________________________________ Course & Section: __________________
Direction: Select and encircle the correct answer for each of the following questions.
1. The following are the instances when inmates may be brought out from jail Except_____.
A. To appear as witness/accused in court.
B. To view the remains of the deceased relative.
C. To undergo medical examination or treatment in an outside hospital or clinic.
D. To appear as witness in any investigation or formal inquiry without leave of court.
2. The deceased relative of the inmate must be lying-in-state beyond what kilometer from the place of
confinement?
A. 25km
B. 33 km
C. 30 km
D. 30 meters
3. Who should shoulder the expenses in case the request of viewing the remains of inmate’s relative has
been approved?
A. Court
B. Jail
C. Jail Officers
D. Inmate
4. Does the warden may request reconsideration from the court to recall and disapprove the said order in
viewing the remains of the deceased relative if the detainee has a record of escape?
A. Yes
B. No
C. Maybe
D. No correct answer
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5. Who will approve the transfer of an inmate who has been confirmed to be mentally abnormal or insane into
a mental hospital?
A. Superintendent
B. Prison Director
C. Warden
D. Chief BJMP
6. An inmate is only allowed to stay and view the remains of his/her deceased relative for how many hours?
A. 5hrs.
B. 6 hrs.
C. 3 hrs.
D. 24 hrs.
7. When an inmate has a record of escape will he/she be allowed to view the remains of his/her deceased
relative?
A. Yes
B. No
C. Maybe
D. No correct answer
8. When a detainee is classified as high risk/high profile will he/she be allowed to view the remains of his/her
deceased relative?
A. Yes, if the jail has the capacity to ensure the safety of the inmate.
B. Yes, because it is the right of the inmate.
C. No, due to safety reasons
D. No, to avoid ambush and escape
9. For those who wish to view the remains of a deceased relative, what document the inmate should first be
obtained?
A. Approval letter from the secretary of justice
B. Leave of court
C. Death certificate of the deceased relative
D. Permit to travel
10. The inmates are only allowed to travel by 30 km radius and view the remains of their relatives by means
of what transportation?
A. By Air
B. By Land
C. By Sea
D. All answers are correct
(This evaluation will be submitted on ________________.)
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CONGRATULATIONS on reaching the end of this module!
You may now proceed to the next module.
Don’t forget to submit all the exercises, activities and portfolio
on ___________________.
KEEP UP THE GOOD WORK.
Well Done!!!
