THE days of convicted drug lords doing brisk and profitable business inside prison cells are numbered after the House of Representatives approved on third and final reading a bill imposing a maximum of 40 years imprisonment and a P10 million fine for inmates found in possession of illegal substances, merchandise, and other contrabands.
With an overwhelming 208 votes, lawmakers in plenary session gave their imprimatur to House Bill (HB) No. 9153, or the “Contraband Detection and Control System Act,” which aims to prevent the proliferation of contraband in prison by mandating all government agencies and LGUs to implement a detection and control system.
“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,” Speaker Ferdinand Martin G. Romualdez said on the measure which seeks to institutionalize a Contraband Detection and Control System (CDCS) in penal and detention facilities across the country.
“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,” Speaker Romualdez, leader of the 300-plus strong House of Representatives, stressed.
Principally authored by Surigao del Norte 2nd District Rep. Robert Ace Barbers, the House Committee on Dangerous Drugs chairman, the bill lists 11 categories of contraband items.
These include illegal drugs, firearms, explosives, alcohol or intoxicating beverages, 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.
“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.
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, or 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.
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 it aims to prevent contraband proliferation 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.
The CDCS shall include modern technology, devices, or units, such as handheld and walk-through metal detectors, X-ray scanners, and K9 units that would assist in effectively implementing this Act.
“All personnel in charge of the entry to correctional, custodial or detention facilities shall conduct an effective contraband detection and control procedure using CDCS technologies and devices, in addition to the traditional methods of searching any person, including their personal effects and belongings, entering such facilities,” the bill read.
The measure lists explicitly 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 a sentence in a correctional, custodial or detention facility; and d) Failure to register before entering a correctional, custodial or detention.
