REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No.__8459

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Social reintegration is often understood as the support given to offenders during their reentry
into society following imprisonment. A broader definition, however, encompasses a number of
interventions undertaken following an arrest to divert offenders away from the criminal justice
system to an alternative measure, including a restorative justice process or suitable treatment. It
includes imposing community-based sanctions rather than imprisonment in an attempt to facilitate
the social reintegration of offenders within the community, rather than subjecting them to the
‘marginalizing and harmful effects of imprisonment. For those who are sentenced to imprisonment,
it includes correctional programs in prison, and aftercare interventions (United Nations Office on
Drugs and Crime, 2006). In recent years, the post-release, community-based component of these
interventions has been variously referred to as “aftercare”, "transitional care", “reentry” or "reentry
support", reintegration, or resettlement. Some post-release interventions may begin while the
offender is still incarcerated with the intent of facilitating post-release adjustment.

The period of transition from custody to community can be particularly difficult for
offenders and contribute to the stress that is associated with being supervised in the community. The
Period of incarceration may itself have had several "collateral effects" (Borzycki, 2005: 36;
Borzycki and Makkai, 2007:10) upon many offenders: they may have lost their livelihood, their
Personal belongings, their ability to maintain housing for themselves and their family; they may
have lost important personal relationships and incarceration may have damaged their social
networks; they may have experienced mental health difficulties or acquired self-defeating habits
and attitudes. Homelessness, in particular, may place youth at risk of offending (Amnull, et al., 2007)
the failed reentry of prisoners into society involves some significant costs for society, both financial
and in terms of public safety. The costs of programs to support the reintegration of offenders must
be assessed against the benefits of avoiding these significant future social and financial costs.


In view of the issues abovementioned, this bill seeks to provide incentives to private
establishments and institutions that hire former inmates. Such incentive shall be in the form of an
additional deduction from the gross income, equivalent to fifteen percent (15%) of the total amount
paid as salaries and wages to former inmates, to be given to business establishments employing

such persons.

Moreover, a Committee on Employment Opportunities for Former Prisoners shall be created
under the Department of Justice, which shall be responsible for the facilitation of training and
employment of former inmates.

In view of the foregoing, approval of this bill is earnestly sought.

\

C. Alejano



eI Anan —

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Third Regular Session

House Bill No.__ 8459

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
INSTITUTING THE FORMER PRISONERS’ EMPLOYMENT PROGRAM AND
APPROPRIATING FUNDS THEREFOR

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 “Former Prisoners
Employment Act.”

SEC. 2. Declaration of Policy.—It is the policy of the State to aid former prisoners continue
their reformation and help them reintegrate into society after they have been released from prison.

SEC. 3, Definition of Terms.—For the purposes of this Act:

4. Business establishments refer to private companies that employ former prisoners.

b. Committee refers to the Committee on Employment Opportunities for Former
Prisoners, under the Department of Justice.

¢. Former prisoners refer to those convicted by final judgment and who have been
released on probation, parole, pardon, or after having served their sentences.

SEC. 4. Creation of the Committee.—Committee on Employment Opportunities for Former
Prisoners. The Committee on Employment Opportunities for Former Prisoners under the
Department of Justice, hereinafter referred to as the Committee, is hereby created with the task of
drafting provisions for the training and employment of former prisoners.

SEC. 5. Structural and Personnel Organization.—The Committee shall be headed by a
Chairman and assisted by a Vice Chairman, who shall both be appointed by the President, upon the
recommendation of the Secretary of the Department of Justice.


Appointees to the positions of Chairman and Vice Chairman must be holders of a
doctoral masteral degree in business or public administration and/or lawyers with at east one year
experience in penology management.

‘The Committee shall have a Technical Service Arm to assist it to carry out its duties and
functions.

SEC. 6. Tax Credit—Business establishments that will employ former prisoners upon the
effectivity of this Act shall be entitled to an additional deduction from theit gross income,
equivalent to fifteen percent (15%) of the total amount paid as salaries and wages to former
Prisoners, subject to Section 4 of the National Internal Revenue Code.

SEC. 7. Implementing Rules and Regulations—The Secretary of Department of Justice
and the Secretary of Department of Labor and Employment 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 law.

SEC. 8. Appropriations. —The amount necessary for the implementation 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 One Hundred Million Pesos (P100,000,000.00), shall be allocated
for the first year of its implementation.

SEC. 9. Repealing Clause.—All laws, executive orders, executive issuances, or letters of
instructions, or any part thereof, inconsistent with or contrary to the provisions of this Act, are

hereby repealed, amended, or modified accordingly.

SEC. 10. Separabitity Clause —If for any reason, any section or provision of this Act shall
be declared unconstitutional or invalid, the other parts thereof not affected shall remain valid,

SEC. 11. Effectivity—This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.

Approved,