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

SEVENTEENTH CONGRESS.
First Regular Session

4417

HOUSE BILL NO,

Introduced by Representative HARLIN NEIL J. ABAYON IIT

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. Especially considering the current
administrations anti-crime policy would possibly result in more inmates, thus the immediate

need to establish correctional nursery facilities in our correctional institutions.

Hence, the approval of this initiative is earnestly sought,

HARLID LJ. ABAYON tI
resentative
AANGAT TAYO Party-list


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

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4417

Introduced by Representative Harlin Neil J. Abayon IIT

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 1. Short Title. ~ This Act shall be known as the “Correctional Nursery Act.”

SECTION 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 (BMP) 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 the 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 counselling 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

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 removed 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. Eli

‘lity 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 (1) year old at the time she is delivered into the
custody of the Correctional Institution for Women;

Gives birth on or after the implementation of the Program;

Physically and mentally fit and must not have a violent record;

Execute a written agreement to abide with the following,

1) Comply with any educational, counselling 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;

5) Specify with whom the child is to be placed in the event of her termination from the
Program by reason other than release 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
ctiteria 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;

4) Court order granting shared parenting of the child;

e) 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

f) 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,