Bjmp Jail Aide Policy Option 6l6i

APPROACHES TO IMPROVE JAIL SERVICES THROUGH MANAGEMENT OF JAIL AIDES: POLICY OPTIONS FOR BJMP

ABSTRACT This paper is centered in finding for the best policy alternative in managing BJMP’s jail aide services. The policy alternatives identified and offered in this paper revolved in seeking appropriate solutions to snags that hinder the effective and efficient enforcement of the BJMP jail aide policy to primarily avert escape incidents involving jail aides. These policy alternatives include four options described as: (1) No Action/Status Quo; (2) Revision of the Contemporary Policy Incorporating the Doctrine on Inmates Utilized as jail Aides; and (3) Total Dissolution of Jail Aides; (4) Privatization/Outsourcing of Jail Aide Services. In order to competently assess the potential solutions and proposed policy alternatives, the following key measures of effectiveness were used namely: (1) Economic and Financial Viability; (2) istrative Viability; (3) Operational Viability; (4) Technical Feasibility; and (5) Social Acceptability. The above-mentioned measures of effectiveness were used as basis for selecting the policy alternative that offered optimum management strategies for jail aide system. The paper concluded and recommended for embracing the policy alternative that bears for the revision/redefinition of the current jail aide policy incorporating the doctrine on inmates utilized as jail aides. Also, the selected policy alternative included a crucial provision for policy performance mechanism, policy monitoring, and evaluation, which is believed to be vital in the success of any policy implementation. Included in the recommendation is the outline of the policy implementation strategy with three phases namely: Phase I: Stakeholders Education and Awareness Campaign; Phase II: Actual Policy Implementation; Phase III: Assessment and Policy Improvement.

B u r e a u o f J a i l M a n a g e m e n t a n d P e n o l o g y 1 4 4 M i n d a n a o A v e n u e , P r o j e c t 8 , Q u e z o n C i t y


TABLE OF CONTENTS Page ABSTRACT

1

TABLE OF CONTENTS

2

LIST OF TABLES

4

LIST OF FIGURES

4

EXECUTIVE SUMMARY

5

BACKGROUND OF THE PROBLEM

6

a. b.

Description of the Problem Situation Outcomes of Prior Efforts to Solution of the Problem

SCOPE AND SEVERITY OF THE PROBLEM a. b. c.

Assessment of Past BJMP Policy Performance on Jail Aide System Significance of Problem Situation Need for Analysis

PROBLEM STATEMENT a. b. c. d.

e.

Definition of the Problem Major Stakeholders Goals and Objectives Measures of Effectiveness and Efficiency 2. Economic and Financial Viability 3. istrative Viability 4. Operational Viability 5. Technical Feasibility 6. Social Acceptability Potential Solutions

POLICY ALTERNATIVES a.

Description of Alternatives a. No Action (Status-Quo”) Alternative

6 11 14

14 15 16 17 17 17 19 20 20 20 21 21 21 21 22 23 23

b. Instituting Revisions To The Current Jail Aide Policy Through Incorporation Of The Doctrine

2


On The Utilization Of Inmates As Jail Aides

23

c. Total Dissolution on the Use of Jail Aides

23

d. Privatization/Outsourcing of the Jail Aides Services b. c. d.

Comparison of Future Consequences Spillovers and Externalities Constraints, istrative and Operational Feasibility

POLICY RECOMMENDATIONS a. b. c. d. e.

Criteria for Recommending Alternatives Description of Preferred Alternatives Outline of Implementation Strategy Provisions for Monitoring and Evaluation Limitations and Unanticipated Consequences

REFERENCES

23 24 31 31 32 32 34 34 35 35 37

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LIST OF TABLES

Table No.

Title

Page

1

Data on Escapees (CY 2000-2011)

6

2

Projected BJMP Human Resource Strength vis-à-vis Inmates Population

10

Major Stakeholders in the Management of Jail Aides

18

4

Comparison of Future Consequences

24

5

Comparison of Policy Alternatives

32

3

LIST OF FIGURES

Figure No. 1

Title

Page

Inmate Population vis-à-vis Total Count of Fugitive

7

2

Comparative Data on Fugitives

8

3

Comparative Ratio of Fugitives Against Jail Population

9

Projected BJMP Human Resource Strength vis-à-vis Inmates Count

11

Efficiency in Safekeeping and Custody of Inmates

13

6

Percentage Count of Fugitive’s Category

15

7

Annual Percentage Count of Fugitives

16

8

Annual Rate of Fugitive Count

16

4 5

4


APPROACHES TO IMPROVE JAIL SERVICES THROUGH MANAGEMENT OF JAIL AIDES: POLICY OPTIONS FOR BJMP EXECUTIVE SUMMARY For the past years since the inception of the Bureau of Jail Management and Penology (BJMP), several policies have been formulated concerning the practice of utilizing inmates as jail aides. Alongside with this customary sight of inmates doing jail chores to complement personnel on limited sphere of jail functions rests dimensions of applicability and efficiency of the contemporary policies. Corollary to the current system and practice of managing jail aides, where inmates are utilized as jail aides, includes continuous escape incidents involving inmates functioning as jail aides. Such uncalled for situations/incidents that situate the institution to bad light clearly pose threats to internal jail security and public safety in general. This paper is centered on finding the best policy alternative in managing BJMP’s jail aide services. The policy alternatives identified and offered in this paper revolved in finding for appropriate solutions to problems that hinders the effective and efficient enforcement of the BJMP jail aide policy and its management system to primarily avert escape incidents involving jail aides. These policy alternatives include four options described as: (1) No Action/Status Quo; (2) Revision of the Contemporary Policy Incorporating the Doctrine on Inmates Utilized as jail Aides; and (3) Total Dissolution of Jail Aides; (4) Privatization/Outsourcing of Jail Aide Services. In order to competently assess the potential solutions and proposed policy alternatives, the following key measures of effectiveness were used namely: (1) Economic and Financial Viability; (2) istrative Viability; (3) Operational Viability; (4) Technical Feasibility; and (5) Social Acceptability. The abovementioned measures of effectiveness were used as basis for selecting the policy alternative that offered optimum management strategies for jail aide system. The paper concluded and recommended for embracing the policy alternative that bears for the revision/redefinition of the current jail aide policy incorporating the doctrine on inmates utilized as jail aides. Also, the selected policy alternative shall include a crucial provision for policy performance mechanism, policy monitoring, and evaluation, which is believed to be vital in the success of any policy implementation. Included in the recommendation is the outline of the policy implementation strategy with three phases namely: Phase I: Stakeholders Education and Awareness Campaign; Phase II: Actual Policy Implementation; Phase III: Assessment and Policy Improvement The preparation of this policy paper was limited by the availability of already sparse data relevant to the issue studied by researcher. Although such limitation is innate to the nature of policy paper, the researcher gathered as much data as were available and relevant to the issue at hand. Hence, although the reader is cautioned as to the uncertainties in the selection of preferred alternative due to reliance on secondary data, the researcher is confident that the data used in this policy issue paper

5


effectively provided reasonable bases in the evaluation and selection of the preferred alternative and that this policy issue paper would serve its purpose, that is, to determine whether there is a need to conduct a full-blown policy research. It is, therefore, recommended that a full-scale policy research be conducted in each alternative to determine the cost-effectiveness of the identified alternatives.

1. Background of the Problem a. Description of the Problem Situation BJMP continues to face problems related to inmate escape incidents in spite of the numerous efforts that have been initiated and implemented to address this concern. Official reports from BJMP Directorate for Operations from year 2000 to 2011, as reflected on the Table 1 below, revealed a total of 1078 fugitives. Of these fugitives, 16.79% percent or 181 are considered jail aides.

Year

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Fugitive) Rate)of) Rate)of) Rate)of) to) Inmate) Total) Jail)Aide) Inmate) Fugitive) Jail)Aide) Inmate) Populati Count)of) Fugitive Populati Count) Fugitives) Populati on Fugitive on)(%) (%) (%) on)Ratio) (%) %%%%%23,273 %%%%%24,594 %%%%%26,695 %%%%%32,187 %%%%%55,918 %%%%%61,327 %%%%%60,731 %%%%%60,216 %%%%%61,363 %%%%%58,718 %%%%%60,432 %%%%%65,333

Jail)Aide) Fugitive) to) Inmate) Populati on)Ratio)

180

26

%%%%%%%%%% 0.77

%%%%%%%%%% 0.11

125

15

5.37

.44.00

.73.33 %%%%%%%%%% 0.51

%%%%%%%%%% 0.06

129

13

7.87

3.10

.15.38 %%%%%%%%%% 0.48

%%%%%%%%%% 0.05

131

25

17.06

1.53

48.00 %%%%%%%%%% 0.41

%%%%%%%%%% 0.08

129

18

42.44

.1.55

.38.89 %%%%%%%%%% 0.23

%%%%%%%%%% 0.03

68

13

8.82

.89.71

.38.46 %%%%%%%%%% 0.11

%%%%%%%%%% 0.02

55

12

.0.98

.23.64

.8.33 %%%%%%%%%% 0.09

%%%%%%%%%% 0.02

49

5

.0.85

.12.24

50

7

1.87

53

25

45 64

1078 Total Annual)Average

.140.00

%%%%%%%%%% 0.08

%%%%%%%%%% 0.01

2.00

28.57 %%%%%%%%%% 0.08

%%%%%%%%%% 0.01

.4.50

5.66

72.00 %%%%%%%%%% 0.09

%%%%%%%%%% 0.04

11

2.84

.17.78

.127.27

%%%%%%%%%% 0.07

%%%%%%%%%% 0.02

11

7.50

29.69

0.00

%%%%%%%%%% 0.10

%%%%%%%%%% 0.02

5.85

.16.48

.12.40

181

Table 1. Data on Escapees from 2000 to 2011 Source: BJMPNHQ-DO, 2012

For the past twelve (12) years since 2000, the nationwide population of inmates under the BJMP has gown from 23,273 to 65,333 at a rate of 5.85% annually. A stark increase was noted in 2004 at a rate of 42.44% from 32,187 to 55,918 inmates. But even with the notable increasing inmate population since year 2000, the records show remarkable decrease in the rate of escapees for the last twelve (12) years. From 180 fugitives reported in 2000, the trend has lowered to 64 escapees in 2011 at a decreasing rate of 16.48% annually. A substantial rate of decrease in the number of fugitives was recorded high in 2005 with 89.71%. Figure 1 below shows the trend and relationship between the inmate population and the total count of fugitives over time.

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Figure 1. Inmate Population vis-a-vis Total Count of Fugitive (Y2K-2011)

INMATE'POPULATION''vis/à/vis' TOTAL'COUNT'OF'FUGITIVE' (Y2K/2011)' 70000$ 65333$ 61327$60731$60216$61363$ 60432$ 58718$ 55918$

60000$

50000$ Inmate$ Popula7on$

40000$ 32187$

30000$

26695$ 24594$ 23273$

Total$Count$ of$Fugi7ve$

20000$

10000$

0$

180$ 125$ 129$ 131$ 129$ 68$ 55$ 49$ 50$ 53$ 45$ 64$ 2000$ 2001$ 2002$ 2003$ 2004$ 2005$ 2006$ 2007$ 2008$ 2009$ 2010$ 2011$

Source: BJMPNHQ-DO, 2012

However, the rate of inmate jail aide escapees has not seen significant decrease since year 2000. It was only in the calendar years 2007 and 2008 when single-digit numbers of 5 and 7 fugitives respectively, were reflected on the official BJMP tally. An obvious sizable decrease of jail aide fugitives occurred in year 2007 with 140% from 12 to a handful of 5 fugitives. The rate of decrease in the count of jail aide escapees pegged at 12.40% which is much lower than the decrease rate of fugitive record (16.48%) annually. Figure 2 shows the annual trends of the number of escapees and jail aide fugitives while figure 3 shows the comparative ratio of the jail aide and non-jail aide escapees in relation to inmate population. The apparent high-pitched decrease in the number of escapees during the 12year period does not in a way reflect the same pattern to how quantities of jail aide fugitives behave. With the almost recurring static trend in tally of jail aide escapees, the propensity of putting the bureau in the saga of bad light remains high. Though it is

7


remarkable for the BJMP having brought down the number of escapees from 180 in CY2000 to just 64 in CY2011, about 181% decrease rate and 0.10% of the current jail population, still a single escape incident is an indicator of inefficiency in the security dimension of jail management and may put the organization in an embarrassing situation. It may be surmised that one of the primary approaches in a sustainable attempt to eradicate jail escape incidents is an efficient management of inmate jail aides. Navarrete, Velasquez and Iral (2003) in their study of the utilization of inmates as jail aides argued that the result of a definitive practice in the management of jail aides would lessen escapes, specifically of inmates who had been wrongfully trusted and who most often are the ones who escape or allow others to escape. Indeed, asg inmates as jail aides should only be done under a system of unequivocal selection processes with well-defined criteria. Figure 2. Comparative Data on Fugitives (CY2000-2011)


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Figure 3. Comparative Ratio of Fugitives Against Jail Population (Y2K-2011) Source: BJMPNHQ-DO, 2012

Moreover, the causes of the escapes from jails by trusted inmates, indiscriminate selection of inmates as trusties in jails, and improper tasking of inmates were identified as the inadequate provisions in the existing guidelines on selection and use of inmates, and confusion of jail s in the application of less clear policies, thus, there is a need to set up an unambiguous policy spelling out procedures in the utilization of inmates as jail aides (Navarrete, Velasquez and Iral, 2003). From this protocol, they reasoned that the bureau will improve its image and will earn the respect and confidence of the various sectors of the society, whose cooperation and are highly called for, leading to the attainment of the bureau’s organizational goals and objectives. By CY 2020, table 2 and figure 4 below show that with the 5.85% annual increase rate, it is projected that inmate population will increase by as much as 100,000 thus increasing the susceptibility to increased congestion, social interaction, jail activities, jail services, etc. but with a handful of only 13,900 projected jail personnel to deliver such services. As an offshoot, the depleted strength of jail personnel dealing and extending jail services from safekeeping to development dimensions of jail management undeniably requires additional manpower in order to run the day to day operations of the jail institutions. It is inevitable to utilize inmates

9


as jail aides as a remedy to outwit the clear drawback brought in by the absence of the needed fiscal resources to fulfill the regular and basic tasks in jails which could no longer be attended efficiently by jail personnel such as but not limited to menial chores, cleaning of jail premises, cooking food and other similar tasks inside the jail and its premises. It is in this line that escape incidents related to the utilization of inmates as jail aides is expected to be substantial if the present inefficient systems and practices in the management of inmate jail aides pervades. Table 2. Projected BJMP Human Resource Strength vis-à-vis Inmates Population

Year

Inmate) Population

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

%%%%%%23,273 %%%%%%24,594 %%%%%%26,695 %%%%%%32,187 %%%%%%55,918 %%%%%%61,327 %%%%%%60,731 %%%%%%60,216 %%%%%%61,363 %%%%%%58,718 %%%%%%60,432 %%%%%%65,333 %%%%%%69,155 %%%%%%72,977 %%%%%%76,799 %%%%%%80,621 %%%%%%84,442 %%%%%%88,264 %%%%%%92,086 %%%%%%95,908 %%%%%%99,730

Percentage) BJMP) BJMP) of)BJMP) Personnel) Personnel) Personnel) to)Inmate) Strenght to)Inmate) Ratio (%)

%%%6,777.00 %%%6,843.00 %%%7,020.00 %%%7,326.00 %%%7,673.00 %%%8,173.00 %%%8,882.00 %%%9,396.00 %%%9,896.00 10,396.00 % 10,896.00 % 11,396.00 % 11,896.00 % 12,396.00 % 12,896.00 % 13,396.00 % 13,896.00 %

1/8 1/9 1/9 1/8 1/8 1/7 1/7 1/7 1/7 1/7 1/7 1/7 1/7 1/7 1/7 1/7 1/7

12.12 11.16 11.56 12.17 12.50 13.92 14.70 14.38 14.31 14.25 14.19 14.14 14.09 14.04 14.00 13.97 13.93


10


Figure 4. Projected BJMP Human Resource Strength vis-à-vis Inmates Count )

Projected)) BJMP)HR)Strenght)) vis)a)vis)) Inmates)Count)) !120,000!!

!100,000!! Inmate! Popula9on!

Popula'on) )

!80,000!!

BJMP! Personnel! Strenght! Linear! (Inmate! Popula9on )! Linear! (BJMP! Personnel! Strenght)!

!60,000!!

!40,000!!

!"!!!!

2000! 2001! 2002! 2003! 2004! 2005! 2006! 2007! 2008! 2009! 2010! 2011! 2012! 2013! 2014! 2015! 2016! 2017! 2018! 2019! 2020!

!20,000!!


b.

Outcomes of Prior Efforts to Solution of the Problem

Realizing the disheartening conditions of most of BJMP jails nationwide, with space and dilapidated jail structures and facilities remain at the core of the foremost complications that shackles efficient jail management for decades, the BJMP has taken initiatives and steps aimed to make the jails under it supervision a sound place to safe-keep and develop inmates and curb escape incidents. However, curbing jail escape occurrences do not only involve crafting guidelines and memoranda but also satisfying other concomitant problems related to jail infrastructure; human resources’ skills, competence, ethical norms, attitudes, behaviors, etc.; and delivery of basic social and human development services in the domain of basic and inalienable human rights including food, health, housing, livelihood, education, spiritual, environmental, facility infrastructure and recreation activities to inmates and BJMP personnel. It is with the shattering jail conditions that predispose security hazards to jail institutions and community in general and also deter human development of inmates. Too much inconveniences has caused some dereliction to application of the words and spirit of the BJMP Manual in jails. Narag (2005, pp117) in his book Freedom and Death Inside the Jail claimed that the BJMP Manual in Quezon City Jail is nothing

11


more than a set of pro forma policies that is followed in paper but is not implemented in practice. Implementing the Manual only creates conflict among jail officers. There are jail officers who believe in strictly implementing the Manual but others think that some elbowroom is necessary. Narag’s statement and conclusion has something to do with the phenomenal issue on how jail personnel in the field interpret the BJMP policies and directives concerning utilization of inmates as jail aides. Though there were policies and directives that spell out the proper implementation of procedures from selection and utilization of inmates as jail aides even as early as August 17, 1993, the problem on the escapes of jail aides, traditionally called as “trustees”, still persists and does not have a noteworthy decrease as compared to the non-jail aide fugitives as shown in figure 2. Numerous s reiterating the Memorandum on the Dissolution of Trustees dated August 17, 2003 were constantly carried out yet the conduct of surprise jail inspections and visits of teams from the BJMP National Headquarters found the same unheeded, unimplemented and not complied with. Also, according to the BJMP memorandum dated October 29, 2002 regarding the use of trustees, reports from private individuals who have gone to BJMP jails disclosed that trustees are still being utilized, particularly as gatekeepers and are even made to answer telephone calls. These numerous observations and findings coupled with high incidence of escapes during those times have led to the review of the policy and customary practice concerning the use of jail aides in routine operations of jail institutions. January 16, 2003 has shown another remarkable BJMP management action on the use of jail aides. It was during this time when a memorandum bearing the subject “Designation of jail Aides” was introduced spelling out clear provisions in asg tasks to inmates utilized as jail aides. The term jail aide was also formally introduced instead of “trustee”. It was with the BJMP’s top brass’ ission of the fact that the eleven (11) years of jail management experience has shown the practice of designating inmate helpers in jail cannot be eliminated for practical reasons and thus it revealed a need for reevaluation of the policy by setting guidelines in the designation of inmates utilized as jail aides. The policy was able to define the term Jail Aide including its designation, tasking, limitations, and the attached direct responsibility of the jail personnel who recommended the jail aide. With the increase of jail population by 17.06% from 2002 to 2003, there was a decrease in the ratio of fugitives to inmate population from 0.48% in 2002 to 0.41% in 2003. While the ratio of fugitives to inmate population ratio decreased, the actual number increased by 2 counts from 129 to 131 fugitives in CY2002 and 2003 respectively. It shows that the policy on the designation of inmates as jail aides had a minuscule effect on the reduction of fugitive count a year after it was instituted. On the second (2nd) year of the policy’s existence, CY 2004 reported a continued drop in the ratio of fugitives against the inmate population from 0.41% in CY2003 to 0.23% in CY2004 (see table 1). In 2005, a notable decrease in the number of fugitives was recorded from the preceding years of triple-digit to double-digit counts. There were only 68 fugitives recorded in CY2005 from 129 fugitives (89.71% drop) in the preceding CY2004 figures. This year also noted a low fugitive count of only 0.11% (68) of the national

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inmate population. The succeeding years after CY 2005 maintained the number of fugitives to double digits. Such decrease was attributed to the massive jail inspection activities conducted nationwide. Based on the BJMP Annual Accomplishment Report in 2005, the number of conducted jail inspections nationwide sured its target by almost four (4) times where the actual count of jail inspection reached six thousand six hundred seventy-two (6,672) as against the target of one thousand seven sixty six (1766). This significant decrease in the escapee count happened in the year where the BJMP was jolted by the escape attempt of Muslim extremists in the Metro manila District Jail (MMDJ) that ended into a bloodbath in March 15, 2005. The same grisly incident of escape attempt gave birth to the organization of BJMP Special Tactics And Response (STAR) Team; sizable number of initiated “Greyhound Operations”; and expounded the version of the BJMP Field Operations Manual and put its provisions into extensive and intensive implementations. The increasing efficiency of the BJMP in the safekeeping and custody of inmates (figure 5), as evidenced shown by the downtrend of jail escapees in of its percentage from the annual inmate population, was observed from CYs 2003 to 2008. According to the BJMP annual accomplishment reports from CY2003-2008, the period was witnessed with eminent increase of jail visit, inspection and greyhound operations; ratification of the BJMP Professionalization Law that includes standardization of BJMP personnel salary; increased personnel skills enhancement and trainings in both security and development dimensions of jail management; and consistent increase in the annual general appropriations to fund additional recruitment of human resources and addressing space problems through construction of new and bigger jail facilities. It was during this period when the Philippine Drug Enforcement Agency (PDEA) had funneled its some of its resources to fund new jail constructions in NCR, Region 4a and Region 7 that has contributed to temporarily halting the looming problem of jail congestion. Figure 5. Efficiency in Safekeeping and Custody of Inmates

Eﬃciency)in)Safekeeping)and)Custody)of) Inmates)(%)) !100.00!!

Percentage)

!99.80!! !99.60!! !99.40!! Eﬃciency!in!Safekeeping!and! Custody!of!Inmates!(%)!

!99.20!! !99.00!!

20 00 20 ! 01 20 ! 02 20 ! 03 20 ! 04 20 ! 05 20 ! 06 20 ! 07 20 ! 08 20 ! 09 20 ! 10 20 ! 11 !

!98.80!!

Year)


With the management measures taken from CYs 2000-2011, it could be grasped from the annual accomplishment reports that no concrete facts have been

13


reported pertaining to management of jail aides. The data showed sizable decrease in the number of non-jail aide escapees but not with the jail aides escapees. Though with the efforts and measures that have shown positive outcomes in reducing the escape percentage in the BJMP, it is still beyond the objective of reaching a zero-escape institution and shy away from putting the BJMP in the bad light. While the records showed evident proofs that BJMP is continually increasing its efficiency in the safekeeping and custody of inmates in its turf, still the attempts fell short of the target and standard set forth by the mandate of law.

7. Scope and Severity of the Problem a. Assessment of Past BJMP Policy Performance on Jail Aide System The policy on the dissolution of trustees was initially instituted from August 17,1993 until January 15, 2003. The most prominent provisions of the policy included discontinuation of utilizing offenders as trustees performing security measures in all jails to minimize irregularities and anomalies such as entry of liquor, prohibited drugs, bladed weapons and other items which aid inmates in their escapes and conduct of riots. Although the policy was seen as an attendant reference of all memoranda reiterating use of jail aides for almost a decade, the same was unheeded in the jails wherein series of escape incidents involving jail aides were rampant. The policy fell short of the basic requisites for selection and limitations of the jail aides. With the imminent problem of increasing jailbreak incidents, BJMP memorandum dated January 16, 2003 has been instituted to supplement the setbacks of the previous memorandum. Such memorandum lays down the policy on certain aspects of the work that may be delegated to inmates who are to be used as jail aides, however, it was way short of being complete insofar as the scope of assignment for jail aides is concerned; but, with the use of the term jail aide, as thus being used in this study, it sort of opened a path for the adoption of that term both in words and in practice – with concomitant authority for future addition to its existing features (Navarrete, Velasquez and Iral, 2003). It was in June 16, 2008 when a minor revision had been made in the policy of designating jail aides. The revision involved an addendum to the existing policy setting the rule in limiting the employment of jail aides to only those inmates charged with light offenses as well as city sentenced prisoners who are due for release and that wardens found violating such directive shall be dealt with severely as well as the Regional Directors under the doctrine of command responsibility. Although such policy is considered restrictive, it tends to limit the qualifications for certain conditions that jail entails (Panti, 2012). The policy failed to be inclusive of other factors such as but not limited to a formal system/structure defining/determining inmate’s ability or willingness to perform duty delegated to him, inmates’ behavior before and during his detention, gang/group affiliation, inmates’ personal circumstances, and psychological stability which is vital to determine the inmates propensity to escape. The BJMP policy pertaining to jail aides has been in existence for almost two decades. Although various initiatives of improving and implementing the policies aimed at achieving efficient safekeeping and custody through zero escape has been introduced, the policy remains to be largely unheeded and ignored because of the failure of the wardens and even Regional Directors and BJMP National Headquarters

14


to religiously and strictly implement the set criteria for the purpose. Also, the initiative to conduct comprehensive studies using participatory methods; the low penalties associated with policy violators; and haphazard and irregular monitoring of policy implementation contribute to policy unconvincingness. The absence of replete management structures/systems that provide clear understanding, free from vagueness and loose ends of policy provisions, of the processes involved in the sound implementation of the jail aide policy from pro-active to reactive phases including specific sanctions for jail s has been considered to be contributing much in the protracted efforts in preventing escapes. Budget constraints, and leadership issues restrict regular and consistent jail monitoring visits and inspections aimed to evaluate the implementation of the policy. b. Significance of Problem Situation More often than not, experience has demonstrated that escape incidents largely situate the BJMP organization in bad light. The bureau has been in the various challenging situations since its inception two decades ago. In its bid to satisfy its mandate focused on the general aim of providing and enhancing public safety services through efficient safekeeping and development of inmates, the BJMP has been remiss in strict implementation of policies in the utilization of the jail aides. Though there is a downtrend of escapes through the years, it is still a blow for the bureau when even a single escape incident transpires. For the past twelve (12) years, BJMP record (figure 6) showed jail aide escapees comprised 16.79% of the total number fugitives. The annual percentage count of fugitives from CY2000-2011 depicts of unchanging trend. It was in CY2009 when escapes of jail aides almost share half of the total number of escapees as shown in figure 7. Figure 6. Percentage Count of Fugitive’s Category

Percentage)Count)of)Fugi0ves')Category) CY)2K82011) Percentage) Count)of)Jail) Aide)Fugi4ves) to)Total)Count) of)Fugi4ves) (%),)16.79)

Percentage) Count)of)Jail) Aide)Fugi4ves) to)Total)Count) of)Fugi4ves) (%),)83.21)


15


Figure 7. Annual Percentage Count of Fugitives

Annual%Percentage%Count%of%Fugi5ves% (CY2K;2011)% 100.00# 90.00# 80.00#

Axis%Title%

70.00# 60.00#

Percentage#Count#of#Jail#Aide# Fugi?ves#to#Total#Count#of# Fugi?ves#(%)#

50.00# 40.00#

Percentage#Count#of#NonGJail# Aide#Fugi?ves#to#Total#Count# of#Fugi?ves#(%)#

30.00# 20.00# 10.00# 20 00 20 # 01 20 # 02 20 # 03 20 # 04 20 # 05 20 # 06 20 # 07 20 # 08 20 # 09 20 # 10 20 # 11 #

0.00#

Axis%Title%


Figure 8. Annual Rate of Fugitive Count


c. Need for Analysis Even as measures like policy, directives and regulations were put in place, escapes of jail aides continue to be a major dilemma and have become costly to the

16


bureau and the well being of the communities. In as much as jail aides contribute immensely to the continued presence of escape incidents and quality of jail services in the country as well as the costs associated with the impacts of such incidents the attainment of the bureau’s mandate, it is crucial that proper attention be given to how jail aides be managed efficiently as part of a comprehensive approach to primarily address jail safekeeping complications. Several proposals have been put forward as to how the sources of jail aide escape incidents can be effectively managed. Although the bureau has initiated and implemented jail aide policies and improvements have been observed, jail escape incidents involving jail aides continues to be a threat not only to the security and wellbeing of the jails but the society and its constituents in general. The examination of the policies to manage efficiently the utilization of inmates as jail aides and the sources of escape incidents, therefore, should be undertaken.

1. Problem Statement e. Definition of the Problem The BJMP envisions itself to be a dynamic institution highly regarded for its sustained humane safekeeping and development of inmates with a mission to enhance public safety by providing humane safekeeping and development of inmates in all district, city and municipal jails (BJMP Manual 2007). Taking into the annual reports published by the BJMP and various articles that include the accomplishments of the bureau as one among the providers of public safety services in the country, the BJMP NHQ has cited various best practices in jails nationwide. However, while jail aides are considered essential part of the everyday activities in jails, it is still recognized by the BJMP top brass as one of the toughest safekeeping and development management challenges. It is with the type and degree of management that bespeaks of the volume of escapees/fugitives it suffered. As stated in the preceding table and figures, escape incidents has not escape the BJMP’s annual report since its inception in 1991. Nevertheless, with the improvements as shown by the general downtrend of escape volumes, the efforts are not well enough for the BJMP to suffice with the objective of zero-escape jails nationwide. The problem is how to further reduce, if not eliminate, the occurrence of incidents associated to use of jail aides that certainly situates the bureau in bad light such as but not limited to escapes, noise barrages, riots, hostage-takings, etc. Preventing these uncalled-for incidents to happen also prevents the bureau from incurring increased costs associated with the main problem. Continued revisiting of the policies on the utilization of jail aides and its implementation should be undertaken. f. Major Stakeholders The table below presents the identified major stakeholders in the management of jail aides in all jails under the jurisdiction of BJMP. These stakeholders were grouped into five (5) levels namely: BJMP National Headquarters; BJMP Regional Offices; local jails (district, city and municipal); non-state actors which include the civil society and private sectors; and the inmate sector stakeholders.

17


Table 3: Major Stakeholders in the Management of Inmate Jail Aides BJMP REGIONAL OFFICES

BJMP NHQ

LOCAL JAILS (DISTRICT, CITY, MUNICIPAL)

NON STATE ACTORS

OTHER STAKEHOLD ERS

Office of the Chief, BJMP

Office of the Regional Director

Office of the Jail Warden

NGOs

Directorate for Operations

Regional Operations Division

Jail Operations Office

Directorate for Inmates Welfare and Development Program

Regional IWD Office

Jail IWD Office

Jail Visitors

Directorate for Intelligence

Regional Intelligence Office

Jail Intelligence office

Residents (within the periphery of the jail)

BJMP Program Management Office

Regional Program Management Office

Jail Program Management Office

Other BJMP personnel

BJMP CRS

Regional CRS Office

Jail CRS

BJMP Legal Services

Regional Legal Office

Jail Investigation Office

Internal Audit Services / Inspectorate Office

Regional IAS / Inspectorate Office

Jail Paralegal Office

Inmates

Private companies

Inmate’s Leaders

The different stakeholders are as follows:

1.

Office of the Chief, BJMP

2.

Directorate for Operations 18


3.

Directorate for Inmates Welfare and Development Program

4.

Directorate for Intelligence

5.

BJMP Program Management Office

6.

BJMP CRS

7.

BJMP Legal Services

8.

Internal Audit Services / Inspectorate Office

9.

Office of the Regional Director

10.

Regional Operations Division

11.

Regional IWD Office

12.

Regional Intelligence Office

13.

Regional Program Management Office

14.

Regional CRS Office

15.

Regional Legal Office

16.

Regional IAS / Inspectorate Office

17.

Office of the Jail Warden

18.

Jail Operations Office

19.

Jail IWD Office

20.

Jail Intelligence office

21.

Jail Program Management Office

22.

Jail CRS

23.

Jail Investigation Office

24.

Jail Paralegal Office

25.

NGOs

26.

Private companies

27.

Inmates

28.

Inmate’s Leaders

29.

Jail Visitors

30.

Residents (in the periphery of the jail)

g. Goals and Objectives The primary goal of this policy study is to acquire an array of potential and alternative solutions on how to improve the quality of managing jails in the context of the contemporary jail aide management. Solutions are aimed at reducing, if not eliminating, the propensity of having increased incidents situating the bureau in bad light through effective and efficient management of jail aides. The policy paper shall bear the following objectives: 1. To determine whether the provisions of the existing policies on the utilization of jail aides are fully and religiously implemented

19


2. To identify the problems, gaps and constraints that jail s may have that hinders them to efficiently and effectively manage jail aides; 3. To present and introduce policy alternatives to properly address problems associated with management of jail aides; and 4. To formulate a more cost effective and feasible implementation strategy that would provide consistency with the other BJMP policies and thrusts that entails complementation, instead of competition, with the other BJMP offices at all levels. h. Measures of Effectiveness and Efficiency For purposes of this policy study, BJMP’s jail aide system, which has been in practice as one of the tools in jail management for quite a long time, is linked multidimensionally to the inescapable fact that jail institutions depend on a limited resources for its continued operation. The contemporary practice of utilizing inmates as jail aides alleviates the bureau’s problem for lack of human resources that is vital to provide its mandated services. However, such practice, if not regulated, also poses great danger to the security of jails, its constituents, and the community as well. In the absence of simple, attainable, measurable, realistic and time-bound management policies, and strategies to work on with, the bureau continues to experience the recurrence of undesirable and unabated consequences. In order to assess the potential solutions and proposed policy alternatives, the following measures of effectiveness were used: 1. •

Guarantee the economic effectiveness of the policy alternative that achieves the objective but minimizes costs; and

•

The evaluation is based on whether the policy alternatives could be provided with adequate funds to effectively implement the programs/projects/activities in proper management of jail aides that respond to the problems such as but not limited to escapes, riots, noise barrage, hostage taking, etc. and also ensure that the jail aide management system will create more employment and income generation for the jail constituencies. 2.

istrative Viability

•

Clear definition or jurisdictional arrangements for the tasks identified with clear distribution of functions, responsibilities and authority at all levels;

•

Elaboration of the regulatory and legal framework of the Jail Aide Policy at operational level;

•

This set of measures of effectiveness primarily deals with the authority and capability of the implementing unit to impose policies and the commitment of both the top istrative officials and staff; and

•

This measure deals with the acceptability of alternatives to the major stakeholders. This measure has the following components in particular: §

Economic and Financial Viability

Acceptability- refers to the determination of whether stakeholders are receptive to the proposed policy alternatives. 20


§ § § 3.

Appropriateness- refers to the alignment of the alternatives to the values of the stakeholders. Responsiveness- involves the perceptions of the target group of whether the policy meets its needs. Legal consideration- takes into consideration the legal feasibility of the proposed alternatives. Operational Viability

•

Assessment of capacity and capability of staff to implement the plan;

•

Clear organizational structure of the units tasked to implement the policy together with its appurtenant plans; and

•

Achieving optimal life cycle – cost effectiveness of the system and resources used taking into the system operation, and dependability 4.

Technical Feasibility

•

Develops constituency awareness program through information dissemination with the purpose of mobilizing essential s and reflecting effective implementation of the jail aide program; and

•

Introduces coherent technical systems appropriate to the requirements of the service s and all actors. 5.

Social Acceptability

• This may contribute to the value system or human attitude or behavior of mankind in the acceptance of implementing a jail aide system. Strong by istrative leaders as well as constituent’s participations highlights the importance of jail aide system and program in solving attendant jail management and pubic safety problems. i. Potential Solutions 1. Status Quo / Regular monitoring in the conscientious implementation of the current Jail Aide Policy According to Plopinio (2012), the BJMP higher offices did not fell short in issuing memorandums, which remind and set rules and restrictions on aspects of jail aide management, to its personnel in the field. Policies and procedures are in place in all BJMP controlled jails nationwide to prevent escape incidents, but whether or not they are being followed appropriately is the real question. He also claimed and recognized the potency of the current revised policy in designating jail aides in his turf in Naga District Jail wherein no escape was recorded since CY 2008 when the policy was initially implemented. The current BJMP jail aide policy provides the basic context to guide jail s in handling inmates utilized as jail aides in so far as to ensure maximum protection of jail and public safety/security. It emphasizes the need to set the requirements for designation and functions of inmates utilized as jail aides. Likewise, the set of policies also underpins the necessary sanctions for acts in violation of any of its provisions. The active monitoring system will fuel conscientious and sustainable enforcement of the policy.

21


2. Instituting revisions to the current Jail Aide Policy through incorporation of the Doctrine on the Utilization of Inmates as Jail Aides Few revisions have been made in the jail aide policies since CY 1993. The policy evaluations introduced in the past were focused and limited only in setting measures in the designations and functions of inmates utilized as jail aides. A comprehensive academic study, The Doctrine on the Utilization of Inmates as Jail Aides, that focused on the trustee system in jails had produced and recommended a manual on the utilization of inmates as jail aides for approval in recent years but did not materialize. The academic paper was a thorough assessment of the practice in the utilization of inmates as jail aides. It was able to come up with policy and guidelines through a manual that attempts to address the recurring deficiencies of the practice. Also, the study obtained answers in the evaluation of the positive and negative factors encountered in the utilization of inmates as jail aides in of internal and external factors. 3. Total Dissolution on the use of jail aides Dissolution of Trustees was the first jail aide policy of the bureau in CY 1993 which only regulated the functions of inmates used as jail aides. Total dissolution of jail aides would mean non-existence of jail aide services in all BJMP jails. This alternative means total abrogation of the jail aide system in BJMP. Services related to jail aide system such as: sanitation, messing and messenger services; will form part of the functions of BJMP personnel. Only the BJMP personnel will provide all services in jails. The termination of the use of jail aides may help solve the problems associated with incidence of escapes, riots, noise barrage, proliferation of illegal activities in jail, etc. that funnel down to jail security and community safety in general. 4. Privatization/Outsourcing of the jail aide services With an equivalent cost, outsourcing of jail aide services from private business institutions may contribute in decreasing threats attendant to jail security and public safety. Jails s will no longer use inmates as jail aides and instead hired outsourcing companies will take over the janitorial and kitchen functions. According to Tapayan (2012), in order to achieve the primary objective of the bureau to have a zero escape, no inmate will be utilized as jail aide and instead the respective wardens/wardresses should utilize/hire civilians to do the cleaning of the facility, food preparation, and other similar activities inside the jail. If TCMP is already organized, jail regular chores are already taken cared of and which is part of the program’s values transformation and house responsibilities. Ogoy (2012) shares the same notion for the abolition of using inmates as jail aides and be replaced by hiring janitorial and messenger services which will be shouldered by the local assistance of the local government to the jail or by the wardens/wardresses as their initiatives. Moreover, a severe istrative impropriety would be imposed to the wardens/wardresses who continue utilizing the services of inmates as jail aide if the jail has already its own janitorial/messenger services paid by LGU or warden’s/wardress’ initiative.

22


4. Policy Alternatives The policy alternatives identified and offered in this paper revolved in finding for appropriate solutions to problems that hinders the effective and efficient enforcement of the BJMP jail aide policy, system and management to avert primarily escape incidents involving jail aides. Corollary to the current system and practice of managing jail aides, where inmates are utilized as jail aides, includes continuous escape incidents involving inmates functioning as jail aides. Such uncalled for situations/incidents that situate the institution to bad light clearly pose threats to internal jail security and public safety in general. a. Description of Alternatives 1. No Action (Status-Quo”) Alternative This refers to the actual enforcement of the current jail aide policies without revisions made. This alternative will maintain the implementation of existing jail aide policies of the bureau. Although termed as “no action” alternative, this state does not evoke doing absolutely nothing. What is presented is the current track of policies and its enforcement condition that the BJMP implements in the management of inmates utilized as jail aides, in particular, regulating its designation and functions. 2. Instituting revisions to the current Jail Aide Policy through incorporation of the Doctrine on the Utilization of Inmates as Jail Aides The insufficiencies of the current jail aide policies in the context of internal institutional arrangement and system require evaluation and revisions to complement the jail s in sound management of jail aides. Under this policy alternative, incorporating the manual on jail aide, which was a product of a thorough academic study entitled Doctrine on the Utilization of Inmates as Jail Aides, is necessary to provide for a more effective and receptive policy. Vio (2012) contemplates to consider imperative factors in setting guidelines that will allow acceptance of practical and inevitable reasons behind the utilization of inmates as jail aides. The factors to be considered as alternatives include specific penalties with sanctions to wardens and personnel who violated the policy; and welldefined functions of inmates utilized as jail aides. 3. Total dissolution on the use of jail aides This policy option refers to the total abrogation of the BJMP jail aide system that utilizes inmates. The policy alternative would allow mitigating the propensity of continued escape incidents involving inmates utilized as jail aides. Bayle (2012) strongly believes that the realization for the total eradication of inmates utilized as jail aides does not lie in the formulation of stiffer policy but instead in the hiring of BJMP personnel to do menial jobs in jail premises. These personnel need not be a baccalaureate degree holder and requires compensation less than that of a Jail Officer I (JOI). 4. Privatization/Outsourcing of the jail aides services In as much as the major duties and functions of jail officers only for the custody, security, safekeeping and development of inmates, menial jobs like janitorial and kitchen functions are not part of their primary responsibilities. Such services have been delegated to inmates that certainly increase the risks from within

23


as posed by employment of wrongfully chosen inmates to do certain tasks. Although the notion about the importance of menial jobs provided by jail aides could not be precluded in optimizing the capability of the personnel to perform their inherent charges in jails, outsourcing of these services from private business firms could eliminate the menaces to public safety from utilizing the inmates as jail aides. b. Comparison of Future Consequences There are several ways in which alternatives regarding the issue of jail aides’ services can be viewed. As an overall approach, the measures of effectiveness as discussed in the preceding topics will be utilized for the analysis. In comparing the four (4) alternatives, several considerations were taken into . These considerations are as broadly identified as follows: 1.


2.

istrative Viability

3.

Operational Viability

4.

Technical Feasibility

5.

Social Acceptability

The ratings and observations included in the succeeding table were primarily based on the interviews conducted and the analysis of the various documents, articles and reports. Table 4. Comparison of Future Consequences Alternatives Revisions to Current Jail Aide Policy

Total Privatization Dissolution / of Jail Aide Outsourcing System of Jail Aide Services

Achieves objectives with May minimal cost

May

May

May/May not

Could be provided with May adequate funds

May

May

May/May not

Creates employment/inco Yes me generation for jail constituencies

Yes

No

No

May/

May/

May/

May not

May not

May not

Criteria


No Action (Status Quo)

Acceptability of May/ the policy to the May not stakeholders

24


istrative Viability

Appropriateness or alignment of May/ the policy to the values of the May not stakeholders

May/

May/

May/

May not

May not

May not

May/

May/

May/

May not

May not

May not

Legal considerations or Feasible feasibility of the policy

Feasible

Feasible

Feasible

Capacity / capability of staff Capable to implement the policy

Capable

Capable

Capable

Possible

Possible

Possible

Optimal life cycle and dependability No of the system

Possible

Possible

Possible

Constituency / No stakeholders awareness of the policy/program

Possible

Possible

Possible

May/

May/

May/

May not

May not

May not

Responsiveness or perceptions of May/ the stakeholders whether the May not policy meets their needs


Technical Viability

Clear Organizational No structure of the units tasked to implement the policy

Capability to introduce No technical systems appropriate to the requirements of the service s and all stakeholders /actors Contribute to the

25


value system or Possible human attitude/ behavior of the stakeholders Social Acceptability

Strong by the istrative No leaders in the enforcement of the policy/program Stakeholders’/ Constituents’ No participation in the implementation of policy/program

Possible

Possible

Possible

May/

May/

May/

May not

May not

May not

May/

May/May Not

May/May Not

May not

I. Economic and Financial Viability In as much as the BJMP National Headquarters has been advocating a zero escape jail through a series of issuances of memorandum and policies, not all jails have been efficient and effective in the implementation of the current policies including the jail aide policy. Long term measures of success such as achieving objectives with minimal cost; provision for economic well-being of the inmate sector through pouring-in adequate funds; and creation of additional livelihood employment or income generation activities for jail constituencies are being taken into consideration with the presented alternatives. NO ACTION/STATUS QUO With the given current policy, this alternative may be viewed to achieve the objectives of such policy to eliminate escape incidents with minimal cost. What is needed is its religious implementation in the jails through continued education of jail personnel and regular monitoring from the higher offices. Plopinio (2012) states, “one thing is for sure, policies and procedures are in place in all BJMP controlled jails nationwide to prevent escape incidents, but whether or not they are followed appropriately is the real question. We have good procedures, but its incumbent upon the personnel in the field to enforce these policies.” This alternative also presents the likelihood of being provided with sufficient funds associated with the sound implementation of the policy to include regular monitoring and education and information programs for policy implementers. Moreover, the current policy employs licit income generation opportunities for jail constituencies utilized as jail aides who are given remunerations for their complementary services. REVISIONS/REDEFINING CURRENT JAIL AIDE POLICY The revision of the current jail aide system, incorporating the Doctrine of Utilizing Inmates as Jail Aides, is expected to bring improvement in the management of inmates utilized as jail aides. With redefining the current policy that aims to

26


address issues and concerns to cope up with the demands of existing conditions, for instance, the inadequate and vagueness in some of the current provisions of the policy to include well-founded declaration of policy; rationale; procedures and guidelines; propagation and adherence; and istrative sanctions; it may achieve its objectives with minimal costs since the revision is only characterized by fortification of the existing jail aide system, through establishment of a manual with optimum usage, and does not sway out from the conventional concept of inmates utilized as jail aides. Adequate funds could possibly be provided with this alternative because of the projected minimal cost it may incur. Besides, this alternative policy offers continued creation livelihood opportunities for inmates utilized as jail aides. TOTAL DISSOLUTION OF JAIL AIDE SYSTEM The total dissolution of the jail aide system as an alternative may achieve the objective of eliminating escape incidents concerning inmates utilized as jail aides with minimal. With minimal projected cost, this alternative that means total abrogation of the jail aide system in BJMP wherein services related to jail aide system will be added to the existing functions of BJMP personnel, it could be provided with adequate funds for monitoring the enforcement of the policy. Though not costly as compared to other alternatives, it doesn’t create income generation or livelihood opportunities for jail constituents. PRIVATIZATION/OUTSOURCING OF JAIL AIDES Although this alternative is considered effective by almost all BJMP Regional Directors, as attested by their submitted list of recommended policy alternatives, to offer fulfillment of the policy objectives in eliminating escapes of inmates utilized as jail aides, but not be with a minimal cost. Hiring or outsourcing jail aide services would entail immense requirement of fiscal resources that may not be satisfied currently by the national government given its current limited financial capacity. Likewise, it would be unreasonable to surmise that hiring or outsourcing of jail aide services will be prioritized for funding by the national budget department while the bureau’s objective of satiating the ideal ratio of BJMP personnel to inmate population is far fetched. This alternative also precludes inmates sector from being provided with livelihood opportunities. II. istrative Viability istrative viability is a potent measure to gauge and predict the likelihood of the policy alternatives to be executed effectively and efficiently. This criterion evolves in the concepts of acceptability of the policy to its stakeholders, appropriateness and the alignment of the policy to the values of the stakeholders, responsiveness or perceptions of the stakeholders whether the policy meets their needs, and the legal consideration or feasibility of the policy. It is apparent that any of the policy alternatives discussed shall be istratively feasible since the BJMP has been among the lead agencies in the turf of public safety through jail management for a quite a long time and has sufficient human resource base, such as but not limited to lawyers; social workers; psychologists; criminologists, psychiatrists; etc., who can collectively create and ister policies based on the criteria discussed. NO ACTION/STATUS QUO

27


With the given current policy and its concomitant manner of enforcement with the different jails nationwide, it could be stated that the policy is in fact acceptable, appropriate, responsive and legally feasible to its stakeholders. In the words of Plopinio (2012), the current practice has been proven for his jail facility in Naga City wherein since CY 2008 when the policy was first instituted, no escape incident was recorded. In fact, there were no official reports since CY 2008 that spelled out complications and difficulties in the enforcement of the policy, however, escape incidents involving inmates utilized as jail aides still persisted and were not mitigated. REVISIONS/REDEFINING CURRENT JAIL AIDE POLICY Although the current policy and system in utilizing inmates as jail aides seems to meet the parameters of the criteria set for istrative feasibility, several snags that contemplate on the restrictive criteria of the policy has been pinpointed and brought forward for consideration. Panti (2012), upon perusal of the current policy, discussed that the provisions of the current policy connotes a restrictive criteria for qualifying inmates to be utilized as jail aides as it set forth that only those charged with lit offenses as well as those city sentenced prisoners who are due for release shall be utilized as jail aides. Moreover, such criteria in fact faced notable shortcomings as it tends to limit the qualification without further conditions an/or justifications considering other factors such as: inmate’s ability or willingness to perform the duty he/she will be tasked; physical and mental condition; community behavior or behavior during confinement; gang or group affiliations; personal circumstances; psychological stability that would determine propensity to escape. Panti (2012) further stressed that the above circumstances shall be considered concomitant with the criteria for it can’t be denied that there are a number of jails that do not have inmates charged with light offenses or convicted city sentenced prisoners. Likewise, there are jails with inmates that may qualify to the above criteria yet with the consideration of other circumstances like those mentioned above, some wardens opt to gamble for the “lesser evil“ so to speak rather than suffer the consequence of possible escape incidents. Thus, there is a need to move forward more than the setting forth of the above-mentioned criteria. Also, in the light of the factors sought to be considered, aside from the recommended criteria, the conduct of a thorough evaluation of inmates not only for the purposes of determining qualifications as jail aides or his/her rsik to security but for the purpose of evaluating/addressing how an inmate will be dealt with and made to behave while in confinement, now becomes imperative. The preceding observations behoove for instituting necessary revisions to the current policy in order for it to achieve widest acceptance from all of its stakeholders, appropriateness to the values of the all the beneficiaries, stakeholder’s responsiveness and legal considerations. Certain provisions will constitute intervention of mechanisms and management instruments to encom the nitty-gritty of a wellfounded policy containing its declaration, rationale, procedures and guidelines, propagation and adherence, and istrative sanctions anchored with the stated measures of effectiveness to underscore efficiency in its execution. TOTAL DISSOLUTION OF JAIL AIDE SYSTEM In as much as this alternative is concern, certain istrative considerations made it appear that this alternative may not be acceptable to some of its stakeholders especially the jail officers directly assigned in jail istrative and operational

28


matters. The fact bearing the institution of jail aides in all BJMP manned jails can be clearly attributed to the depleted strength of jail personnel performing jail services. Certainly, with the various jail services mandated to the bureau but with limited number of personnel, it is imperative for additional manpower to run the day-to-day operations of jail institutions without incurring additional cost to the government. The utilization of jail aides has become an accepted notion due to the inevitableness of its usage to remedy the human resource constraint experienced by the bureau. It is for some practical reasons that jail aides become indispensible to fill the gaps in rendering mandated jail services in janitorial and food catering services. Although, several benefits is accrued from the use of jail aides, Barretto (2012) states that dissolution of jail aides be undertaken. Given the financial constraint of the government to provide the ideal BJMP human resource requirements in expeditious manner, other stakeholders deemed the alternative as not appropriate or conforms to their current values thus policy acceptability responsiveness of the stakeholders are also affected. As to its legal feasibility, it shares the same findings of reasonableness with other alternatives. PRIVATIZATION/OUTSOURCING OF JAIL AIDES Dependent on the capacity of the national government to provide for the funding requirement, this alternative may or may not be acceptable to the stakeholders. Though it has the potential to ease the recurring problems decreasing the gap of depleted personnel strength at minimal cost and that of escape incidents involving inmates utilized as jail aides, the overarching question lies in the capacity of the organization to seek approval of the budget department and the senate for budget prioritization. The responsiveness of the stakeholders to the offered alternative policy would be dependent on the alignment of the policy to their values. Values vary from different clusters of stakeholders however the weight is given to the policy makers’ and implementers’ favor since such connotes encoming general public safety and order. III. Operational Viability This measure of effectiveness, as represented by capability/capacity of staff to implement the policy; clear organizational mechanism/structure; and optimal life cycle and dependability of the system, indicates the practicality in the execution of the policy alternatives that will guarantee for the achievement of the overall aims of the policy. NO ACTION/STATUS QUO The existing policy on the utilization of inmates as jail aides has set specific provisions on the requirements on the selection process of inmates to be selected to perform functions as jail aides, it however does not operate with a clear organizational structure of the units tasked to implement it. Also, it does not establish specific ranges of responsibilities and sanctions for non-conformists at the different levels of istration. With the aforementioned inadequacies of policy provisions, the capacity or the capability of the BJMP personnel in the field to implement may be jeopardized which could forge ahead inoperability of the policy, unreliableness and unsustainability of the system. REVISIONS/REDEFINING CURRENT JAIL AIDE POLICY

29


This policy alternative in of operational viability will fortify the existing policy through insertion of additional provisions that offer solutions to the snags of the current policy. For instance, the inadequate and vagueness in some of the current provisions of the policy to include well-founded declaration of policy, rationale, procedures and guidelines, propagation and adherence, and istrative sanctions undertone the inefficiency in its execution. The operability of this alternative is measured with the capability of BJMP professional staff and personnel for its sustainable implementation. Having clear objectives, rationale, organizational structure, clear lines of specific responsibilities and sanctions, will yield higher adherence of the policy. TOTAL DISSOLUTION OF JAIL AIDE SYSTEM and PRIVATIZATION / OUTSOURCING OF JAIL AIDES Unless there would be enough efforts in the propagation of information about these alternatives coalesced with stringent monitoring and rigorous imposition of sanctions for violators, the capability or capacity of the BJMP personnel and staff in the field to implement the policy becomes vulnerable. Together with the second policy alternative, these two alternatives share commonness in accomplishing the criteria of measures of effectiveness. Having unequivocal provisions of the policy like well-founded declaration of policy; rationale; procedures and guidelines; propagation and adherence; and istrative sanctions, will assure the policy’s optimum life cycle, cost effectiveness and dependability of the system. Decrease vagueness in the policy provisions to run the system of jail aide services would also guarantee enhanced capability or capacity of the BJMP personnel to enforce the policy. IV. Technical Viability This measure of effectiveness in the implementation of the alternative polices being considered includes development of constituency awareness program through information dissemination with the purpose of mobilizing essential s and reflecting effective implementation of the jail aide program; and the capability of the policy alternatives in introducing coherent technical systems appropriate to the requirements of the service s and all actors. Attainment of these measures relies mainly in the manner of how a policy addresses the various interests and needs of the stakeholders. NO ACTION/STATUS QUO The prevailing policy in jail aide system does not constitute or provide for instituting collaboration amongst constituencies or stakeholders for the maximum awareness of the policy. This inadequate provision deters the system to be capacitated in introducing technical and appropriate requirements of the service s and stakeholders. REVISIONS/REDEFINING CURRENT JAIL AIDE POLICY, TOTAL DISSOLUTION OF JAIL AIDE SYSTEM and PRIVATIZATION / OUTSOURCING OF JAIL AIDES These three (3) alternatives, with the inclusion of provision catering the need to amplify the awareness of the system’s s, have the potential of increased propensity of delivering valuable information. Such provision may correspondingly

30


induce capability build-up in introducing technical systems appropriate to the requirements of the jail aide services s/stakeholders. V. Social Acceptability This criterion is based on the potentials of the policy alternatives to contribute to the value system or human attitude and behavior of the stakeholders; strong s by the istrative leaders in the enforcement of the policy; and the constituents’ participation in the implementation of the policy. This will be the basis if whether the alternatives considered are acceptable in the community especially to its attendant beneficiaries. A policy alternative could only invoke effective and efficient enforcement when maximum appreciation from the stakeholders exists. NO ACTION/STATUS QUO Though the current policy is a result of constant revisions and refinement of previous policies, it has been not been carried out consistently. The rampant situations of unheeded provisions of the policy, especially the areas such as the selection processes and functions of inmates utilized as jail aides, may be attributed to the weak of the istrative leaders in the full enforcement of the policy. Moreover, the policy trend has not seen indicators of constituents’ participation in its crafting. Much has been observed that the policy is only subjected to review and scrutiny as an upshot of escape incidents involving inmates utilized as jail aides. Most likely actions taken merely comprised of reiteration of the same policy without significant revisions through insertion of policy provisions that addresses the core of the problem. REVISIONS/REDEFINING CURRENT JAIL AIDE POLICY, TOTAL DISSOLUTION OF JAIL AIDE SYSTEM and PRIVATIZATION / OUTSOURCING OF JAIL AIDES These three (3) alternatives indicate the same weights of measurements in the criteria for social acceptability. The policy alternatives are perceived to contribute to the value system and human attitude of the stakeholders. All of the three (3) alternatives may or may not be strongly ed by the istrative leaders in its enforcement. Participation of the constituents in the implementation of the policy may or may not be considered due to the bureau’s natural inclination to be authoritarian in policy design and enforcement. c. Spillovers and Externalities The externalities and spillovers of the policy alternatives all lie on the assumption that the escape incidents will be reduced or, taking it to the extreme, be eradicated. There are several positive effects of these alternatives, situations that are envisioned in the more long-term setting. All of these externalities have to do with the overall jail conditions in of socio-political, economic and even environmental dimensions. Undesirably, there are also several factors that need be taken into consideration when the suggested alternatives are explored. These have to do with the overarching question of whether the alternatives presented can only do so much by scratching the face of the problem. It begs the question of whether jail escapes will be reduced or it will only be a mere policy in paper. d. Constraints, istrative and Operational Feasibility Based on the rapid and informal mapping of the stakeholders, the policy implementers that must take into consideration most are the stakeholders such as BJMP Regional Offices, BJMP Provincial Offices, the jail wardens, jail

31


officers performing duties in jails and inmates for they have the highest stakes and influence in the management of jail aides. The most apparent constraint eyed is the acceptability of the alternatives to the jail wardens and their personnel considering their direct involvement in implementing the policy. Transitions would not be easy for them if proper dissemination and education about the policy will not be initiated. Likewise, economical or financial viability, istrative and operational, and technical viability may hamper the implementability of the alternative policies.

5. Policy Recommendations f. Criteria for Recommending Alternatives For practical and economic reasons in determining of which among the alternatives is to be recommended, Goeller scorecard was utilized. Goeller scorecard is mainly a qualitative evaluation that could be prepared based on document analysis and interviews. Table 5 below shows the comparison of the four (4) policy alternatives discussed in the previous section of this paper. It is evident that based on the criteria laid down earlier and on the comparison of future consequences, the alternative that would best address jail escape problems associated with the management of jail aides in all BJMP controlled jails is instituting revisions to the current Jail Aide Policy through incorporation of the Doctrine on the Utilization of Inmates as Jail Aides. The implementation of this alternative would result in economic, social, environmental and institutional benefits. This alternative also, aside from providing avenues in decreasing or totally eradicating jail escapes related to use of jail aides, is expected to result in positive spillovers such as but not limited to increased efficiency in internal jail control and security system, allowing for a distinct jail aide program to exist, improved organizational structure addressing issues and concerns in utilization of inmates as jail aides, enhanced the jail sanitation and health issues and concerns through continued assistance of inmates in maintaining a clean and sound jail environment. Table 5: Comparison of Policy Alternatives Alternatives Criteria


No Action (Status Quo)

Revisions to Current Jail Aide Policy

Total Privatization Dissolution / of Jail Aide Outsourcing System of Jail Aide Services

Achieves objectives with minimal cost Could be provided with adequate funds Creates employment/inc ome generation for jail

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constituencies Acceptability of the policy to the stakeholders

istrative Viability

Appropriateness or alignment of the policy to the values of the stakeholders Responsiveness or perceptions of the stakeholders whether the policy meets their needs Legal considerations or feasibility of the policy Capacity capability staff implement policy


/ of to the

Clear Organizational structure of the units tasked to implement the policy Optimal life cycle and dependability of the system

Technical Viability

Constituency / stakeholders awareness of the policy/program Capability introduce technical systems

to

33


appropriate to the requirements of the service s and all stakeholders /actors Contribute to the value system or human attitude/ behavior of the stakeholders Social Acceptability

Strong by the istrative leaders in the enforcement of the policy/program Stakeholders’/ Constituents’ participation in the implementation of policy/program

Key

Best

Intermediate

Worst

g. Description of Preferred Alternatives The second policy alternative, instituting revisions to the current Jail Aide Policy through incorporation of the Doctrine on the Utilization of Inmates as Jail Aides, is expected to require inclusion of policy provisions expected to bring improvement in the management of inmates utilized as jail aides and to cope up with the demands of existing conditions. With redefining the current policy, it will provide for provisions that aim to address issues and concerns in the realm of well-founded declaration of policy; rationale; procedures and guidelines; propagation and adherence; and istrative sanctions. h. Outline of Implementation Strategy The recommended policy shall be implemented in phases, there are three (3) phases to wit: Phase I: Stakeholders Education and Awareness Campaign. This phase of the policy implementation shall have the following components:

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Improving the policy draft through employing stakeholders/constituents participatory mechanisms;

extensive

Enhancing of the BJMP’s capacities in the enforcement of the security policies especially in effective and efficient monitoring; and Possible collaborations with the academe and other BJMP service providers. Phase II: Actual Policy Implementation This phase involves the following: Encouraging religious implementation of the policy by providing inducements in the forms of awards and commendations to effective and efficient policy implementers; Consistent application of penalties and punishments to policy violators; and Regular monitoring of the policy enforcement. Phase III: Assessment and Policy Improvement This phase, in addition to the regular monitoring of the policy performance, shall provide insights on whether the policy attained its objectives/goals, which is to deter escape incidents through improvement of managing inmates utilized as jail aides in all BJMP controlled jails. The various criteria laid down and discussed in the earlier sections of this paper shall form part of the measures to evaluate policy performance. Findings during this stage shall be entered to the Directorate for Operations through the BJMP Regional Offices. The overall lead unit in the implementation of the selected policy shall be the BJMP-NHQ Directorate for Operations. i. Provisions for Monitoring and Evaluation Crucial in the success of any policy implementation is the provision of a mechanism for policy monitoring and evaluation. In this light, it is recommended that a multi-stakeholder monitoring and evaluation teams shall be organized and instituted in all levels of jail management such as national, regional, provincial and local jail levels. At any level, the team shall basically be composed of relevant offices of BJMP and other related stakeholders. To clarify and define the roles and functions of each team , an agreement shall be entered into. In addition, specifically provided for in the agreement is the allocation of operational funds for monitoring and evaluation in the policy enforcement. Local jail monitoring and evaluation teams shall submit quarterly monitoring reports to their respective regional offices through provincial ’s offices. Regional Office Teams shall submit their quarterly reports to the BJMP-NHQ Directorate for Operations. j. Limitations and Unanticipated Consequences The preparation of this policy paper was limited by the availability of data relevant to the issue studied by researcher. Although such limitation is innate to the nature of policy paper, the researcher gathered as much data as were available and relevant to the issue at hand. Hence, although the reader is cautioned as to the uncertainties in the selection of preferred alternative due to reliance on secondary

35


data, the researcher is confident that the data used in this policy issue paper effectively provided reasonable bases in the evaluation and selection of the preferred alternative and that this policy issue paper would serve its purpose, that is, to determine whether there is a need to conduct a full-blown policy research. It is, therefore, recommended that a full-scale policy research be conducted in each alternative to determine the cost-effectiveness of the identified alternatives. The researcher also identified the following unintended consequences in the implementation of the preferred alternative: It could result in increased agency operational cost due to additional monitoring and evaluation activities, stakeholders education and awareness campaign, conferences and reporting system; Rivalry between “traditional” and policy-abiding personnel; Increased demand for construction of additional cells intended exclusively for inmates utilized as jail aides.

36


References: Barretto, S.P. (2102) Memorandum on Management of Jail Aides, Bureau of Jail Management and Penology Regional Office IVA, Barangay Turbina, Calamba City Bayle, N.N (2012) Memorandum on Jail Aides, Bureau of Jail Management and Penology Regional Office II, Regional Government Center, Carig Sur, Tuguegarao City BJMP Annual Accomplishment Reports (2000-2011) BJMP-Directorate for Operations Data on Jail Population (2000-2011) BJMP-Directorate for Operations Report of Escapees (2000-2011) BJMP Memorandum (August 1993): Dissolution of Trustees BJMP Memorandum (April 1999): Utilizing of Detainees as Trustees BJMP Memorandum (September 1999): Use of Trustees BJMP Memorandum (2002): Reiterating Policy re: Use of Trustees BJMP Memorandum (March 2003): Prohibition on Employment of Jail Aides from Laundering BJMP Uniforms/Clothes BJMP Memorandum (July 2003): Violations on the Policy re: Designation as Jail Aides BJMP Memorandum (January 2003): Designation of Jail Aides BJMP Memorandum (September 2004): Reiteration re: Use of Jail Aides BJMP Memorandum ( June 2008): Revised Policy on Use of Jail Aides Narag, R. (2005). Freedom and Death Inside the Jail: A Look into the Condition of the Quezon City Jail. Manila. Supreme Court of the Philippines. Navarette, W.L.; Velasquez Sr, N.V. and Iral, A.S. (2003) Doctrine on the Utilization of Inmates as Jail Aides. Philippine Public Safety College, McKinley Hill, Fort Bonifacio, Taguig City. Ogoy, R.L. (2012) Memorandum on Management of Jail Aides, Bureau of Jail Management and Penology Caraga Regional Office, 3rd Tiu Building, A.D. Curato Street, Butuan City Panti, I.S. (2012) Memorandum on Policy Alternatives in the Management of Jail Aides, Bureau of Jail Management and Penology Regional Office VI, Fort San Pedro, Iloilo City.

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Plopinio, W.T. (2012) Memorandum on Comments / Recommendations Regarding Management of Jail Aides, Naga City District Jail, Bureau of Jail Management and Penology, Del Rosario, Naga City. Tapayan, D.C. (2012) Memorandum on on Management of Jail Aides, Bureau of Jail Management and Penology Regional Office VII, 13B M. Veloso Street, Guadalupe, Cebu City. Vio, R.S. (2012) Memorandum on Management of Jail Aides, Bureau of Jail Management and Penology NCR Regional Office, 5th Floor Seneca Plaza Building, E. Rodriguez Sr. Avenue, Quezon City

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