Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BILLNO,__1397

Introduced by Representative Harlin Cast. Abayon

EXPLANATORY NOTE

It is the policy of the State to protect and promote the right to health and well-being of its
people even if you were born to an inmate mother. This measure was previously filed by Senator
Manny Villar in the 15* Congress. Passage of this Bill is earnestly sought now in the 16"

Congress.

HARLIN CAST. ABAYON
Representative
First District of Northern Samar


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City.

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1397

Introduced by Representative Harlin Cast. Abayon

AN ACT
ESTABLISHING A CORRECTIONAL NURSERY PROGRAM IN ALL
CORRECTIONAL INSTITUTIONS FOR WOMEN, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 4. Short Title. - This Act shall be known as the "Correctional Nursery
Act of 2018"

SEC. 2. Statement of Policy. - It is hereby declared the policy of the State to
protect and promote the right to health and well-being of its people and ensure that their
best interest is paramount in the formulation of its programs and policies. Towards this
end, there is a need to provide and establish a Correctional Nursery Center for infants
born from inmates in all Correctional Institutions for Women and female inmates at the
provincial, city and municipal jails in the country.

SEC. 3. The Correctional Nursery Program. - There shall be established a
Correctional Nursery Program, hereinafter referred to as the Program, administered and
managed by the Bureau of Jail Management and Penology (BJMP) and the Bureau of
Corrections to enable physically and psychologically fit inmates in all correctional
institutions for women, including provincial, city and municipal jails in the country to
keep their infants with them during incarceration until one (1) year of age. It shall
likewise provide arrangements for incarcerated pregnant women with childbirth
accommodations and medical care outside the correctional or prison facilities.

SEC. 4. Purposes of the Program. - The Correctional Nursery Program shall
have the following purposes:
a) Establish an Infant Care Center or nursery at a medium security correctional
facility;
b) Keep inmates from committing crimes while in custody through involvement in
the various activities of the Program;
¢) Provide drug counseling services to those identified as substance abusers and
educate incarcerated mothers on parenting skills and family relations;
d) Evaluate, monitor and treat infants born to mothers with histories of substance
abuse; and
e) Increase the likelihood that released participants of the Program shall lead
peaceful, productive and drug-free lives, thus, reduce recidivism.

SEC. 5. Infant Care Center. - The Program shall include the establishment and
operation of an Infant Care Center within the premises of the Correctional Institution for
Women and the provincial, city and municipal jails to take charge in the care of the
infants during the incarcerated mother's absence. Provided, however, That upon


reaching the age of one (1), the child shall be remaved from the Infant Care Center and
the Superintendent of the Correctional Institution for Women shall make arrangements
for the child to be delivered to the proper persons or institutions for his/her custody.

SEC. 6. Eligibility Requirements and Terms of Participation. — To be eligible
to the benefits under this Act, incarcerated women must have the following
qualifications:
a) Pregnant or has a child less than one 11) year old at the time she is delivered
into the custody of the Correctional Institution for Women;
b) Gives birth on or afer the implementation of the Program;
) Physically and mentally fit and must not have a violent record;
d) Execute a written agreement to abide with the following:
1) Comply with any educational, counseling or other requirements established
for the Program by the Correctional Institution for Women:
2) Accept the normal risks of child bearing;
3) Abide by any court decisions with respect to parental rights and
responsibilities on the child;
4) Assign to the Correctional Institution for Women her right to support from any
other person; and
5) Specify with whom the child is to be placed in the event of her termination
from the Program by reason other than rélease from imprisonment; and
6) Other internal regulations imposed by the correctional institution.

SEC. 7. Birth and Care of infants of Eligible Inmates. - Within a reasonable
time before the anticipated birth of the child, the Superintendent of the Correctional
Institution for Women and the Warden of the Provincial, City and Municipal Jails shall
cause the mother-inmate to be removed from the correctional facilities and jail
premises, as the case may be, shall be provided with accommodations and medical
care outside the institution, under the strict supervision and security to prevent her
escape from custody.

‘SEC. 8. Termination from the Program. - The eligible detainee described under
Section 6 hereof may be terminated from the Program on the following grounds:

a) Failure to comply with the written agreement under Section 6 (d)
hereof;

b) The inmate's child becomes seriously ill, failure of the mother to meet the
medical criteria established by the institution for the Program, cannot safely
participate in the program or has a violent record;

) Court order granting custody of the child to a person other than the inmate;

d) Court order granting shared parenting of the child;

) Court order granting temporary, permanent or legal custody of the child to a
person other than the inmate or to the Department of Social Welfare and
Development (DSWD); and

{) Mother: inmate is released from imprisonment;

‘SEC. 9. Correctional Nursery Center Fund. In addition to the appropriations
provided for under this Act, the Director of the Bureau of Jail Management and
Penology (BJMP) is hereby authorized to accept grants, gifts and other monetary
donations from nongovernment or civic organizations and private individuals to defray
the necessary expenses incurred by or for the mother in connection with her
confinement or other related expenses during her pregnancy. The Fund shall likewise
be utilized for financial assistance to the mother-participants upon their release.

‘SEC. 10. Appropriations. - The amount necessary to carry out. The provisions
of this Act shall be included in the General Appropriations Act of the year following its


enactment into law and thereafter. An initial amount of Fifty (50) Million Pesos shall be
allocated for the first year of its implementation.

SEC. 11. Implementing Rules and Regulations. - The Bureau of Jail
Management and Penology (BJMP), in coordination with the Correctional Institution for
Women, the Department of Justice (DOJ), the Department of Health (DOH) and the
Department of Social Welfare and Development (DSWD) shall, within thirty (30) days
from the effectivity of this Act, issue such rules and regulations necessary for the proper
implementation of the provisions of this Act.

SEC. 12. Repealing Clause. - All laws, rules and regulations or parts thereof,
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 13. Separability Clause. - If any part, section or provision of this Act shall
be held invalid or unconstitutional, no other part, section or provisions thereof shall be
affected thereby.

SEC. 14. Effectivity. - This Act shall take effect after fifteen (15) days following
its complete publication in at least two (2) newspapers of general circulation.

Approved,