Bill institutionalizing ‘contraband detection system’ in jails hurdles House 

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The House of Representatives has overwhelmingly passed on third and final hearing the measure that seeks to institutionalize a Contraband Detection and Control System (CDCS) in penal and detention facilities across the country.

Garnering 208 affirmative votes during plenary session Wednesday afternoon, Nov. 22 was House Bill (HB) No.9153, which mandates all correctional, custodial, and detention facilities to implement a CDCS, and provide penalties for possessing, introducing, or aiding and abetting the entry of contraband inside such facilities.

As per the bill, a contraband or prohibited item refers to any object, thing or article that is prohibited by law, rules or regulations to be obtained or possessed inside correctional, custodial, and detention facilities, or that could endanger the safety or security of persons inside such facilities or to the public.

“”This will have a chilling effect on our PDLs (persons deprived of liberty). At the same time, we’re telling them that we’re sincere and serious in giving them a new life away from danger, that is why we’re helping them get rehabilitated,” House Speaker Martin Romualdez said in a statement after the bill’s passage.

“We mean business here because these crimes have always been recurring in practically all administrations. We have to have a culture of discipline and order once and for all. We also hope to reduce, if not end, gang wars inside prison facilities,” Romualdez, leader of the 300-plus strong House of Representatives, stressed.

Principally authored by Surigao del Norte 2nd district Rep. Robert Ace Barbers, who is the House Committee on Dangerous Drugs Chairman, the bill lists 11 categories of contraband items.

These include llegal drugs, firearms, explosives, alcohol or intoxicating beverage, cigarettes, tobacco products, vapes, all forms of currency and monetary instruments, electronic communication devices, and luxury items such as appliances, gambling or gaming equipment, and jewelry.

Also tagged as contraband are items that can threaten the safety, security, or health of persons in the correctional institution; or any item that can be used for planning, aiding, or executing the escape from such facilities.

Barbers said that principally aims to prevent the proliferation of contraband in prison by mandating all government agencies and local government units LGUs that operate and maintain any correctional, custodial or detention facility to establish and implement a CDCS.

“This will serve as a deterrent to those inmates or detention prisoners where drugs and crimes have been a part of their lives – inside or outside of prison. The measure will put a stop to their nefarious activities, where they are transacting drug deals even inside prison,” Barbers said.

The CDCS shall include the use of modern technology, devices, or units such as handheld and walk-through metal detectors, X-ray scanners, and K9 units, that would assist in the effective implementation of this Act.

The measure specifically lists the following prohibited acts under Section 7: a) Introduce, convey, or attempt to introduce or convey, any contraband into a correctional, custodial or detention facility; b) Facilitate, assist, or abet in the introduction or conveyance, or in the attempt thereof, of contraband into a correctional, custodial or detention facility; c) Possess, obtain, or attempt to possess or obtain, contraband while being confined or detained, or while serving sentence in a correctional, custodial or detention facility; and d) Failure to register prior to entering a correctional, custodial or detention.

Any person who shall introduce, convey, or attempt to introduce dangerous drugs, firearms, and explosives will face imprisonment ranging from 20 years and one day to 40 years plus a fine of not less than P5 million but not more than P10 million.

As for other kinds of contraband, the penalty of imprisonment ranges from six years and one day to 12 years plus a fine of not less than P1 million but not more than P5 million.

Moreover, any public official, jail authority, and employee found in violation will be given the additional penalty of perpetual absolute disqualification from holding public office and forfeiture of all retirement benefits and accrued leave credits.