Upon release of a Person Deprived of Liberty (PDL) from Bureau of Jail Management and Penology (BJMP) and provincial jails, a key point missing in the reintegration process is the protocol on day of release (araw ng paglaya). This has dire consequences.
PDLs can be released when they are acquitted, when their cases are dismissed, when they are bailed out, when they are granted probation, when they pled guilty to a lesser offense, and/or when they served their sentences even while undergoing trial.
Most PDLs have stayed in jail for 528 days (the average length of stay based on a study I conducted in six (6) Metro Manila Jails) but some have stayed in jail for 5 years, and around 10 percent have stayed in jail for 10 years or more. The longest staying inmate I recorded was 18 years in detention (he was eventually declared innocent).
With prolonged pre-trial detention, most PDLs lost connections with their family members. Without income for extended periods, most PDLs are bereft of financial and material resources. Thus, when they are released, majority of the PDLs are "walang-wala" o truly indigent.
In the day of release, PDLs need transportation to reach home. Unfortunately, the Bureau of Jail Management and Penology (BJMP) and the Provicial Jails do not have a formal protocol on the day of release. The BJMP and the Provincial Jails do not formally provide transportation allowance to the released PDLs.
The informal mechanism is to rely among the inmate leaders (mayores of the cell and bridages) to provide "pamasahe" for the released PDLs. Inmate leaders are informally allowed to raise funds from VIP (Very Important Preso) fees, "calling fees" (calling is the term used when you are "called" when a family or friend visits), and other "fees." It is tacitly assumed that this money collected by the inmate leaders will be used for transportation of released inmates (and other expenses too: for the medicines of sick inmates, for the cleanliness of the cell, etc). In other cases, it is the warden and his/her staff who will shoulder the transportation of the released PDLs from their own pockets.
While these informal mechanisms have kept the day of release bearable, it is a "hit and miss" approach. There are many instances that the cell leaders are corrupt and the cell funds become bankrupt, thus they cannot provide "pamasahe" to their released cellmates. Informally relying on the good hearts of the wardens also means the wardens need to recoup their expenses in some other ways, which will eventually breed corruption.
When this happens, the consequences are dire: the released PDLs get off the jail gate--penniless. They are forced to walk home--hungry and thirsty. Worse, they could be picked up by the police and be charged with "vagrancy" for loitering and jaywalking, which could lead them straight back to the police cell. Or they could be forced to commit petty theft to tide their hunger, which could become violent and lead to the loss of life, for them or their victims.
Thus, the araw ng paglaya is a key point in the reintegration process.
Proposed solutions:
The solution must be a whole of society approach:
1. The BJMP and the Provincial Jails should allocate a formal budget for the transportation cost of all released PDLs. The budget should be based on the distance of the residence of the PDL from the jail. The Bureau of Corrections formally provides a "travel order" for the released convicted PDLs. The BJMP and Provincial Jails should adopt this BuCor protocol.
2. The BJMP and the Provincial Jails may also "transport" the PDLs directly to their residences.This has happened during the covid19 pandemic and this must be adopted post-covid19. The BJMP can coordinate with the DSWD balik-probinsya program. When the jail officers bring the PDLs to their families, they will know the exact address of the PDLs . These addresses can then be recorded which will be helpful to locate the PDLs when called for trial (this especially helpful for PDLs who posted bail). This will minimize the risk of jumping bail.
3. The BJMP and the Provincial Jails must coordinate with the local barangays when PDLs are released in the community. The Barangays can then develop a program for the released PDLs.
4. All Local Barangays must develop a Unit that can receive individuals coming from prisons, jails and police detention centers. They can then coordinate with the City Health Office (for health needs), Social Work Office (if senior citizen and PWD) and other agencies that can help the released PDLs. For example, an PDL with tuberculosis and had been undergoing treatment in the jail must continue treatment in the community. Or a PDL undergoing drug treatment program in the jail must continue the recovery in the community. This will be helpful when Parole and Probation Officers conduct their supervision and monitoring activities. Thus, the DILG may commission a technical working group to study these remedies.
5. Judges, in their release orders, may include a provision that Jail Wardens should release the inmates back to their families or communities. This will provide judicial and legal teeth to this intervention. Since, it is the judges who ordered the PDLs arrested and committed to jail, judges may also consider helping the PDLs restore their freedom and decency. The Executive Judges of the respective cities may coordinate with the city government and the BJMP and provincial jails in developing protocols for the day of release. They can utilize the model of coordination during the time of Covid19 Pandemic.
6. The Supreme Court and the Office of Court Administrator may also study these proposals. The SC-OCA had recently issued very helpful circulars that addressed the needs of the PDLs during the time of the pandemic. It would be great if they can do something about this grave concern.
These are simple innovations which do not require huge budgetary considerations. It simply requires organizational coordination, creativity, and love for our dear country. In the long run, this should increase positive perception of public safety and trust to the criminal justice system.
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