_________________
date
MEMORANDUM CIRCULAR
No. _______
POLICY ON PREGNANT INMATES AND THEIR INFANTS
I.
REFERENCES
1.
2.
3.
4.
Universal Declaration of Human Rights;
United Nations Standard Minimum Rules for the Treatment of Prisoners;
1987 Philippine Constitution;
Republic Act no. 7438 - “An Act Defining Certain Rights of Person Arrested, Detained or
Under Custodial Investigation as well as the Duties of the Arresting, Detaining and
Investigating Officers, and Providing Penalties for Violations Thereof”;
5. Rules and Regulations Implementing Republic Act no. 9262, otherwise known as the
“Anti-Violence against Women and their Children Act of 2004”;
6. Republic Act No. 10028 - An Act Expanding the Promotion of Breastfeeding,
Amending for the Purpose Republic Act no. 7600, otherwise known as “An Act
Providing Incentives to All Government And Private Health Institutions with RoomingIn and Breast-Feeding Practices and for other purposes;
7. BJMP Manual Revised 2007;
8. Bureau of Corrections Manual of Operations;
9. After Activity Report of J/SSUPT AMELIA V TALENTO, TLPE, Director for Inmates
Welfare and Development re: National Summit on Family Court;
10. Position Statement dated August 10, 2009 of the American Correctional Health
Services Association on the Use of Shackles on Pregnant Inmates;
11. Memorandum Circular no. 2008-01 dated 12 March 2008 re: Revised Standards on
Food Service Management; and
12. Memorandum dated 10 November 2003 re: Policy on Pregnant Inmates.
II.
BACKGROUND/RATIONALE
The Bureau of Jail Management and Penology (BJMP) envisions itself as a dynamic
institution highly regarded for its sustained safekeeping and development of inmates.
One of its core values that guide its personnel is the promotion of the rights of its inmates,
especially women with special needs.
Over the years, the Bureau’s female inmates have increased nationwide. As such, the
necessity to bring more clarity to considerations which should apply to the treatment of
female inmates has acquired importance and urgency. Although efforts have been made
to support their needs and defend their rights in the past, there are still issues and
concerns that need to be addressed.
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In the National Summit on Family Courts held on 12 March 2010 at the Manila Hotel, the
attention of BJMP was called on several issues. Among others are the lack of clear policy
on pregnant inmates and custody of the newborn.
Section 45, Rule VII of the Implementing Rules and Regulations (IRR) of RA 9262 states
that “In all cases, the rights of persons arrested, investigated or detained as provided by
the Philippine Constitution and under RA 7438 shall, at all times, be respected.”
Article 25 (2) of the Universal Declaration of Human Rights states that “Motherhood and
childhood are entitled to special care and assistance. All children, whether born in or out
of wedlock, shall enjoy the same social protection.” In addition, The UN Standard
Minimum Rules for the Treatment of Prisoners provides pregnant inmates to be given
special accommodation, care and treatment.
In pursuit of its mandate and to address the above concerns, the Bureau must establish a
clear policy and set of guidelines.
III.
PURPOSE AND SCOPE
This Circular aims to provide a policy on the treatment of pregnant inmates, inmates that
just gave birth and guidelines on the handling of their infant while detained in jail.
The scope of this policy is limited only on the following: (1) pregnant inmates under the
custody of the BJMP; (2) inmates that just gave birth; and (3) infants whose mothers were
detained under a BJMP jail. An infant shall mean a child within zero (0) to twelve (12)
months of age.
This policy also does not, in any way, encourage female inmates to be pregnant but as a
matter of treating these inmates who are or became pregnant while under detention or
have just gave birth prior to their incarceration. An inmate that is not pregnant prior to
incarceration shall be encouraged to remain not pregnant while detained in jail to avoid
health and security complications.
IV.
POLICIES AND GUIDELINES
1. As a general policy, dormitories and rooms used for accommodation of female
inmates shall, as much as possible, have facilities and materials required to meet their
specific hygiene needs, including, at least, a regular supply of water to be made
available for the personal care. These dormitories or rooms must not be used for
personal gain of the personnel assigned in jails.
2. All female inmates shall undergo pregnancy test to be done by the jail administration
prior to classification and segregation. If found pregnant, they shall be placed in a
separate room/cell designated exclusively for pregnant women, nursing mothers and
infants. It shall be secluded from other inmates and visitors.
3. Pregnant women shall be given priority or special accommodation over ordinary
female inmates. However, the giving of priority or special accommodation must not
be abused by pregnant inmate or nursing mother inside the jail.
4. Disciplinary segregation shall not be applied to pregnant women, breastfeeding
mothers and women with infants in jail.
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5. Pregnant or nursing female inmates shall receive advice on their diet under a program
to be drawn up and monitored by the jail dietician. Appropriate food, subject to the
approved meal budget for inmates, must be provided for babies and breast-feeding
mothers by the jail administration.
6. Regular check-ups of pregnant inmates in a government hospital shall be authorized in
the absence of an assigned roving physician and provided a court order is secured for
the purpose. A Memorandum of Agreement (MOA) between the BJMP unit and the
government hospital for regular check-ups of pregnant inmates shall be accomplished.
The MOA must, as much as possible, stipulate the obligation of the hospital to conduct
check-up in jail rather than outside unless impracticable.
7. The medical and nutritional needs of female inmates who have recently given birth,
but whose babies are not with them in jail, shall be included in the treatment
program.
8. As much as possible, no pregnant inmate shall deliver a baby inside the jail. The jail
administration must make all the necessary preparations so that pregnant inmate
shall give birth, preferably, in a government hospital. The preparation shall include
the obtaining of a court order and the regular monitoring of the pregnant inmate to
prevent giving birth in jail. If, however, the pregnant inmate chooses to have her
delivery in a private hospital, a court order for the purpose should be secured. It shall
indicate, among others, that all expenses for the delivery in the private hospital shall
be borne by the pregnant inmate or her family. The hospital of choice should be
logistically feasible.
9. In case of inevitable and unforeseen situation and it is imminent that the pregnant
inmate will give birth very soon without a court order being issued, she may be
brought to the hospital.
10. In all cases, the court shall be notified within twenty-four (24) hours from confinement
whether private or government hospital.
11. In extreme cases that a pregnant inmate cannot be brought to a hospital, she will be
attended by the duty nurse or any midwife/medical practitioner available.
12. While it is understood that security is vital in the off-site transportation of any
incarcerated individual, the pregnant inmate’s individual health as well as
incarceration history shall be considered in the decision to utilize instruments of
restraint during transport as a precaution against escape or to prevent an inmate from
injuring herself or other people or damaging property. Inmates in the third trimester
of pregnancy shall be handcuffed in the front for safety reasons if they must be
restrained.
13. To ensure that health and lives of the mother and unborn child are not compromised,
instruments of restraint shall be removed for pregnant inmates during labor and
delivery and immediately after they have given birth, provided reasonable measures
have been undertaken to secure safety of detainee, prevent their escape and ensure
public safety.
14. An infant born while the mother is detained in jail may be allowed to stay with the
mother for a period not exceeding one (1) month but may be extended by the Warden
based on a written medical recommendation of the jail nurse or a qualified medical
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personnel and the best interests of the child within the scope of relevant domestic
laws. Thereafter, the child will be sent to her own home or to the custody of her
husband or relatives. If, however, any of these options fails, the Warden shall make
arrangements with the Department of Social Welfare and Development (DSWD) or
any other social welfare agency for the infant’s care.
15. The removal of the child from jail shall be undertaken with sensitivity, proper
documentation and only when adequate alternative care arrangements for the child
have been identified.
16. An infant which was already removed from jail may be brought to its detained mother
in the succeeding days. They shall stay in the special designated room and the infant’s
stay must be within the visiting hours only.
17. Children of female inmates that are classified as infants shall be accorded with the
same treatment as infants who were born by female inmates while detained in jail.
18. Pregnant inmates and those who have recently given birth will be provided with
medical services that the jail can offer at its infirmary. A nurse or a medical practioner
in a jail may provide some health advices to ensure that female inmate and her baby
will both be healthy.
19. The BJMP shall exert efforts to construct separate rooms/cells to accomplish the
objectives of Section 2, Article IV of the policy.
V.
SEPARABILITY CLAUSE
In the event that any provision or part of the policy be declared unauthorized or rendered
invalid by a competent authority, those provisions not affected by such declaration shall
remain valid and effective.
VI.
REPEALING CLAUSE
All other existing issuances which are inconsistent with this policy are hereby rescinded or
modified accordingly.
VII. EFFECTIVITY
This policy shall take effect immediately.
ROSENDO M DIAL, CESO III
Jail Director
(DSC)
Chief, BJMP
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