CORRECTIONAL ADMINISTRATION CORRECTIONAL ADMINISTRATION CHIVAS GOCELA DULGUIME, R.C CHIVAS GOCELA DULGUIME, R.C
II.. IINNTTRROODDUUCCTTIIOONN PENOLOGY
PENOLOGY
-- the study of punishment of crime.the study of punishment of crime.
-- a branch of Criminology dealing with prison management, and thea branch of Criminology dealing with prison management, and the deterrence and reformatory treatment of
deterrence and reformatory treatment of criminals.criminals. SOURCES OF
SOURCES OF THE TERM PTHE TERM PENOLOGYENOLOGY:: a.
a. Peno Peno was derived from Greek word “piono” and from the was derived from Greek word “piono” and from the Latin word “poena”,Latin word “poena”, both terms mean punishment.
both terms mean punishment. b.
b. LogyLogy was from the Latin word “logos”, meaning science.was from the Latin word “logos”, meaning science. c
c. Penology d!"ng#!$ %&o' Pen"en"(&y S)en)e-. Penology d!"ng#!$ %&o' Pen"en"(&y S)en)e- Penology deals with thePenology deals with the various means of ghting crimes as
various means of ghting crimes as regards to penalties and other measures ofregards to penalties and other measures of security, while Penitentiary !cience is limited only to the study of penalties dealing security, while Penitentiary !cience is limited only to the study of penalties dealing with deprivation of liberty.
with deprivation of liberty.
T$e Golden Age o% PenologyT$e Golden Age o% Penology
-- the period from "#$% to "##% was considered the golden age of penology the period from "#$% to "##% was considered the golden age of penology because of the following signicant events&
because of the following signicant events&
*+-*+- the 'ational prisons (ssociation organi)ed in the 'ational prisons (ssociation organi)ed in Cincinnati, *hio.Cincinnati, *hio.
*+*++ the + the irst -nternational Congress was held irst -nternational Congress was held at London wc establishedat London wc established
the -nternational Penal and Penitentiary Commission/
the -nternational Penal and Penitentiary Commission/ *+/*+/+ its head0uarters+ its head0uarters was established at 1ague, 'etherlands.
was established at 1ague, 'etherlands.
*+0*+0+ the + the 2lmira 3eformat2lmira 3eformatory was ory was establishedestablished in 'ein 'ew 4w 4ork.ork.
the irst separate institution for women were established in -ndiana and the irst separate institution for women were established in -ndiana and
5assachusetts. 5assachusetts.
DIVISIONS OF CRIMINOLGY: DIVISIONS OF CRIMINOLGY:
".
". So)ology o% L(1So)ology o% L(1 is an attempt at scientic analysis of is an attempt at scientic analysis of the conditions underthe conditions under wc criminal laws develop and wc is seldom included in the
wc criminal laws develop and wc is seldom included in the book ofbook of criminology.
criminology. 6.
6. C&'n(l E"ologyC&'n(l E"ology is an attempt of scientic analysis of the is an attempt of scientic analysis of the causes ofcauses of crimes.
crimes. 7.
7. PenologyPenology is concerned with the control of crime.is concerned with the control of crime.
THE CONCEPT
THE CONCEPT OF PENALOF PENALTY TY
Penalty in its general sense signies pain/ in
Penalty in its general sense signies pain/ in the 8udicial sphere, it meansthe 8udicial sphere, it means su9ering undergone, because of the action of society, to one
:he very purpose or reason why so
:he very purpose or reason why society has to punish a criminal is ciety has to punish a criminal is to secureto secure 8ustice. :he state has to pr
8ustice. :he state has to protect its e;istence, otect its e;istence, assess what is right for the peopassess what is right for the peoplele based on moral principles, which vindicated. :he giving of punishment, which is based on moral principles, which vindicated. :he giving of punishment, which is e;er
e;ercised by society, is the fulllment of cised by society, is the fulllment of service and satisfaction of a duty to theservice and satisfaction of a duty to the people it protects.
people it protects.
PENALTY PENALTY + it is the + it is the su9ering that is in<icted by the su9ering that is in<icted by the state for the transgressionstate for the transgression
of law. of law.
PUNISHMENT-PUNISHMENT- an instrument of public 8ustice.an instrument of public 8ustice.
a.
a. -t is in<ict-t is in<icted by the groed by the group in its corpoup in its corporate caprate capacity upoacity upon one who is regan one who is regardedrded as a member of the
as a member of the same group.same group. b.
b. PunisPunishment invohment involves pailves pain or su9ering prn or su9ering produceoduced by designd by designed and 8ustied and 8ustied byed by some value that the su9ering is assumed to have.
some value that the su9ering is assumed to have.
THEORIES OF 2USTIFICATION OF PTHEORIES OF 2USTIFICATION OF PENALENALTIES:TIES:
".
". P&e3en"on.P&e3en"on. :he state must punish the criminal to p :he state must punish the criminal to prevent or supprrevent or suppress theess the danger to the state arising from the
danger to the state arising from the criminal acts of the o9endercriminal acts of the o9ender.. 6.
6. Sel%-de%en!e.Sel%-de%en!e. :he state has the right to punish the c :he state has the right to punish the criminal as a measure ofriminal as a measure of self
self+defense so as +defense so as to protect society from the to protect society from the threat and wrong actionthreat and wrong action in<icted by the criminal.
in<icted by the criminal. 7.
7. Re%o&'("on.Re%o&'("on. :he ob8ect of pu :he ob8ect of punishment in criminal case is to conishment in criminal case is to correct andrrect and reform the o9ender.
reform the o9ender. =.
=. E4e'5l(&"y.E4e'5l(&"y. :he criminal is punished to serve a :he criminal is punished to serve as an e;ample to os an e;ample to others tothers to deter from committing the crime.
deter from committing the crime. >.
>. 2#!")e. 2#!")e. :hat the crime must be punished by :hat the crime must be punished by the state as an act of rthe state as an act of retributiveetributive 8ustice, a vindicat
8ustice, a vindication of absolute right and moraion of absolute right and moral law violated bl law violated by the criminal.y the criminal. ?.
?. Re"&6#"on.Re"&6#"on.Personal vengeancePersonal vengeance $.
$. E45("on o& A"one'en".E45("on o& A"one'en". -t is advocated during the pre+historic age. -t is-t is advocated during the pre+historic age. -t is the e;ecution of punishment visibly or publicly for the purpose of appeasing a the e;ecution of punishment visibly or publicly for the purpose of appeasing a social group.
social group. #.
#. De"e&&en)e.De"e&&en)e. Cesare @ecarria, the e;ponent of the Cesare @ecarria, the e;ponent of the Classical :heoryClassical :heory contended that punishment is to prevent others
contended that punishment is to prevent others in committing a crime.in committing a crime.
CONSTITUTIONAL RESTRICTIONS OF PENALTIESCONSTITUTIONAL RESTRICTIONS OF PENALTIES
Se). *, A&". IV, *78 Con!""#"on o% "$e P$l55ne!.
Se). *, A&". IV, *78 Con!""#"on o% "$e P$l55ne!. Airects that e;cessiveAirects that e;cessive nes shall not be imposed, nor be cruel and unusual punishment in<icted.
nes shall not be imposed, nor be cruel and unusual punishment in<icted.
ORIGIN AND HISTORY OF PENALTIES OR PUNISHMENTSORIGIN AND HISTORY OF PENALTIES OR PUNISHMENTS
N("#&(l L(1.
N("#&(l L(1. :his originated fr :his originated from God Bnatural law om God Bnatural law to enforce the law to enforce the law that laidthat laid down in 1is
down in 1is innite wisdom and power. 1e also prescribed the penalty orinnite wisdom and power. 1e also prescribed the penalty or punishment.
punishment. 9(n!$'en
9(n!$'en" " d!"e&&o.d!"e&&o. :he rst penalty or punishment pr :he rst penalty or punishment prescribed by God toescribed by God to (dam and 2ve when they disobey 1is order which made th
(dam and 2ve when they disobey 1is order which made th em as the rst em as the rst criminals.criminals. Re"&6#"on Pe&!on(l 3enge(n)e Re3enge.
:he most common ancient 8ustication of punishment, and this is called the Law of Dendetta.
T$e Code o% H(''#&(6. :he oldest written penal law in @abylonia in "$>% that stopped the ancient practice of retribution or personal vengeance and punishment became the responsibility of the state. :his code of laws was a compilation of the laws of the !emetic tribes, and was written on stone. -t instituted the law of the :alon BLes :aliones wc means that the state would mete out punishment e0ually,
as “an eye for an eye or a tooth for a tooth.”
PUNISHMENT IN PRIMITIVE SOCIETY
Mo!" )o''on P#n!$'en"!. *. De("$ a. Cruci;ion b. @eheading c. 1anging d. -mpaling e. Arowning f. @urning . P$y!)(l "o&"#&e a. logging
b. Aismemberment and starvation c. Public humiliation
d. !tocks e. Pillory
f. Aocking tools
g. @randing and banks h. 5utilation
8. I'5&!on'en"
a. Connement in dungeons, galleys, hulks, 8ails, houses of corrections, work houses and penitentiaries.
;. Fne! (nd %o&%e"#&e o% 5&o5e&"y
CAPITAL PUNISHMENT. -t is the in<iction of death penalty upon a person
who committed a serious crime.
CORPORAL PUNISHMENT. -t is the in<iction of physical pain upon a
convicted criminal.
So)(l 2#!"<)("on o% Pen(l"y
1. P&e3en"on+ the state must punish the criminal to prevent or suppress
the danger to the state arising from the criminal acts of the o9ender.
2. Sel%-de%en!e- the state has a right to punish the criminal as a measure of
self+defense so as to protect society from the threat and wrong in<icted by the criminal.
3. Re%o&'("on+ the ob8ect of punishment in criminal cases is to correct and
reform the o9ender.
4. E4e'5l(&"y+ the criminal is punished by the state as an act to deter
5. 2#!")e+ that crime must be punished by the state as an act of retributive
8ustice, a vindication of absolute right and moral violated by the criminal. P#&5o!e o% Pen(l"y
". Re"&6#"on o% E45("on- the penalty is commensurate with the gravity of the o9ense as a matter of payment for the damage done.
6. Co&&e)"on o% Re%o&'("on- as shown by the rules which regulates the e;ecution of the penalties consisting in deprivation of liberty, thereby giving chance for his reformation.
7. So)(l De%en!e- as shown by its in<e;ible severity to recidivist and habitual delin0uents. !ociety must provide the welfare of the people against any disorder in the community.
Go(l! o% Sen"en)ng:
1. Re"&6#"on - is the fact of lasting revenge upon a criminal perpetrator. 2. In)(5()"("on - is the use of imprisonment or other means to reduce the
likelihood that an o9ender will be capable of committing future o9ences.
3. De"e&&en)e + is a means which seeks to prevent others from committing
crimes or repeating criminality.
4. Re$(6l"("on + is the attempt to reform a criminal o9ender, the state in
which a reformed o9ender is said to be rehabilitated.
5. Re!"o&("on + a goal of which attempts to make the victim whole again.
2#&d)(l Cond"on! o% Pen(l"y
". :he penalty must be productive of su9ering without a9ecting the integrity of the human personality.
6. :he penalty must be commensurate with the o9ense, that di9erent crimes must be punished with di9erent penalties.
7. :he penalty must be personal in that no one should be punished for the crime of another.
=. :he penalty must be legal that it is the conse0uence of a 8udgment according to law.
>. :he penalty must be certain, that no one may escape its e9ects. ?. :he penalty must be e0ual for all.
$. :he penalty must be correctional.
P&e3en"3e I'5&!on'en"+ the accused undergoes preventive imprisonment when the o9ense charge is non+bailable, or even if bailable he cannot furnish the re0uired bail.
S#6!d(&y Pen(l"y+ -t is subsidiary personal liability to be su9ered by the convict who has no property with which to meet the ne, at the rate of one B" day for eight pesos, for its imprisonment. :his is only applicable when the penalty imposes a ne and not to damages or civil liabilities imposed upon the convicted felon.
:he de("$ 5en(l"y was restored through 3.( $?>E which took e9ect on Aecember 7, "EE7 for certain heinous crimes. !uch as :reason, Piracy, Fualied Piracy, Fualied @ribery, Parricide, 5urder, -nfanticide, idnapping and !erious Aetention, 3obbery with 1omicide, destructive (rson with 1omicide, Plunder, Aangerous Arugs and Car napping
. :he death sentence shall be e;ecuted by lethal -n8ection as provided under 3epublic (ct 'o. #"$$, which was approved on 5arch 6%, "EE?.
:he death sentence shall be carried out not earlier than one B" year nor later than "#months after the 8udgments becomes nal and e;ecutor. Provided, that the !upreme Court who does the review of the case in which death penalty was imposed have reach a vote of eight B# Hustices as provided under 3epublic (ct 'o. 6E?. *therwise death penalty shall not be imposed. :he convicted felon will be given a penalty of reclusion perpetua.
-n all cases where the death sentence has become nal, the records of the cases shall be forwarded to the oIce of the President for possible e;ercise of the pardoning power.
De("$ Pen(l"y !$(ll no" 6e '5o!ed %:
". Jhen the guilty person is more than $% years of age/
6. Jhen upon appeal or automatic review of the case by the !upreme Court, the re0uired votes is not obtained for imposing the death penalty/
7. Jhen the convict is a minor under under "# years of age De("$ Pen(l"y !$(ll 6e !#!5ended 1$en "$e )on3)" ! (:
". Pregnant woman/
6. Jithin one B" year after delivery of a pregnant woman// 7. Person over $% years of age
CRIMINOLOGICAL THEORIES
MODERN THEORIES OF CAUSES OF CRIME INCLUDE:
9olog)(l 5$y!)(l "$eo&e!- suggest empherical, deductive and inductive process of observing scientically analy)ing human behavior thru biological in<uences of the environment as the igniting factors.
P$y!olog)(l 5!y)$("&) %()"o&!- suggest that crimes are the results of physiological imbalances as well as psychiatric maladaptiveness.
C&'e (nd !o)(l o&g(n=("on stress that crime persists within social
organi)ations because this is the actual social contact of men of di9erent behavior, that to deal and please one another is e;tremely impossible.
C&'e (nd !o)(l 5&o)e!!- propose that societal institutionali)ation of rules seeks to control the behavior of the society. :his is referred to us, deviant process, may fall under the legal denition of crime, o9ense or felony.
". CLASSICAL THEORY- !tresses on the crime and not on the person or criminal o9ender. -n this approach, punishment, which is retributive and punitive, is standardi)ed and proportioned to the gravity and nature of the o9ense. -t assumes that every individual has a free will, knows the penal law. 5oreover, it postulates that man is a rational being and calculating being who acts with reference to feelings of pleasure and pain. :hus, he will refrain from criminal acts if imposed punishment is suIcient to cancel hope of possible gain and advantage.
CESARE 9ECCARIA- B"$7#+"#%= an -talian writer, who collected and presented the principles of 5ontes0uieu, Doltair, 3ousseau and other eighteenth century
writers and philosophers pertaining to crimes and punishment into a small book entitled “Crimes and Punishment” which was published in "$?=.
PRINCIPLES OF THE CLASSICAL SCHOOL:
". F&!", the rights and liberties of the individual must be conserved. !ince all persons are e0ual, those who commit the same crime should be treated alike.
6. Se)ond, crime is 8udicial abstraction and, therefore, a denite penalty should be attached to each crime and invariably be in<icted.
7. T$&d, punishment should be limited by the social need. -ts social utility consists of denite deterrence in<uence, and much of it sh ould be in<icted as is necessary to prevent others from committing the same crime.
6. NEO-CLASSICAL SCHOOL- :his approach of penology arose at the time of the rench revolution and the period immediately thereafter. -t maintains that while the classical school doctrine in general is correct, it should be modied in certain details. -t argues that since children and lunatic persons cannot calculate pleasure and pain, they should not be regarded as criminals and as such they should not be punished. :he reaction to crime, therefore, under this school is no longer punitive/ punishment is imposed on some lawbreakers but not on others.
7. POSITIVE SCHOOL OF CRIMINOLOGY- also known as the -talian !chool of Criminology.
- inaugurated in "#$6, by an -talian army surgeon, Ce!(& Lo'6&o!o.
- Diews crime as a social phenomena and attaches importance to the criminal
o9enders.
- ( criminal is like a sick man who needs not to be punished but treated in
hospital so that his illness, that has something to do with the commission of the crime maybe cured.
- :he concept of guilt may be substituted with that of social behavior, the
incurable criminal should be treated and the correctional institution is to constitute a criminology school.
II. EUROPEAN 9AC>GROUND
1istorically, institutional connement has been used since ancient times, but not until the "?%%s and "$%%s as a ma8or punishment for criminals. Prior to that it was used to&
• Aetain people before trial
• 1old prisoners awaiting other sanctions • Coerce payment of debts and nes • 1old and punish slaves
• (chieve religious indoctrination Bthe -n0uisition • Fuarantine disease
+ 5odern incarceration strives to change the o9enderKs character and is carried out away from public view.
+ 2arly punishments for crime were directed more at the o9enderKs body and property. Goals were to in<ict pain, humiliate the o9ender, and deter
onlookers from crime.
+ Add"on(l %o&e&#nne&! o% 'ode&n n)(&)e&("on 1e&e:
o 9(n!$'en" - ( punishment, originating in ancient times that
re0uired o9enders to leave the community and live elsewhere, commonly in the wilderness.
( practice which has given us the modern word
?!)(5ego("ng@.
o T&(n!5o&"("on + ( punishment in which o9enders were transported
from their home nation to one of that nationKs colonies to work.
A'e&)(n Re3ol#"on *0B ended the practice of
transportation as a punishment and 2uropeans shifted to the use of ship known as 1ulk as a connement facility of the convicted criminals.
o o&$o#!e! - 2uropean forerunners of the modern .!. prison, where
o9enders were sent to learn discipline and regular work habits.
9RIDES ELL- S". 9&dge"! ellB an institution for locking
up, employing and whipping beggars, prostitutes and night walkers of all sorts.
• irst house of correction in 2urope.
o GAOLS. (re poorly constructed unsanitary, damp, drafty or airless
gloomy dungeons, foul smelling places of detention in early eighteenth century.
• -nmates were poorly clothed, without privacy and the
conditions so deplorable that disease thrive, especially the deadly typhus fever or goal fever.
• -t spawn idleness, vice, perversion, pro<igacy, shameless
e;ploitation and ruthless cruelty among its inmates as well as its caretakers thereby making them hotbeds of infection and cesspool of corruptions.
• Ne1 G("e G(ol o% London the famous Gaol in 2urope.
o HUL> an old sailing ship that is n o longer used for sea voyages
or naval operations, but is anchored in some 2nglish Port, where they are used for prisons or places of connement of convicted criminals.
Auring the 'd *+"$ )en"#&y, forms of punishment where starting to changed, as
the period of enlightenment begin to emerge. :raditional punishments were challenged by individuals who studied the condition of prisoner.
2o$n Ho1(&d M one of the pioneers to advocate the change of punishment and became the rst 2nglish prison reformer who crusaded for a better and humane treatment of prisoners as he was appointed as the sheri9 of @edford !hire, a local gaol in 2ngland. 1e visited other prison in 2ngland and (merica evaluating the conditions of the prisoners, he comes up with prisons concepts that/
• Prisoners must be segregated according to se;, age and gravity of the
o9ense.
• :he 8ailer or sta9 must be paid to prevent e;tortion to prisoners. • ( chaplain and medical oIcer must be employed to address the
spiritual and medical needs of the prisoners.
• Prisoners should be provided with clothing and food. • Li0uor should be prohibited in 8ail.
(s a result of Hohn 1owardKs ndings and recommendations the penitentiary act of "$$E was passed which provided an establishment of a secure, clean and
systematic prison and abolished the fees for basic services. 1e then coined the word ?Pen"en"(&y@a concept that re8ects hard labor as a form of punishment. :hus, Ml6(n Pen"en"(&y was constructed in "#"6 and nished in "#6",
considered as the rst 2nglish prison using the concepts and principles introduced by Hohn 1oward.
Ml6(n Pen"en"(&y constructed on the reformation M by M solitude theory, was a huge gloomy and towered prison, which looked like a thick spoke wheel, containing three miles corridors and hundreds of cells.
Ho!5)e de S(n M)$elle M a papal prison which opened in"$%= by Pope Clement N- which houses only 8uvenile delin0uents and advocated reformation rather than punishment.
T$e P(no5")(n o& n!5e)"on 5&!on $o#!e M is a building plan made by
“Heremy @entham” a noted 2nglish classicist which called for a tank like structure, covered by a glass roof. :he plan was never reali)ed, however, it was adopted by 2()#e! Vll(n n **, and applied it to the Prison of Ghent in @elgium.
III. DEVELOPMENTS IN THE UNITED STATES
-n colonial (merica, penal practice was loose, decentrali)ed, and unsystematic, combining private retaliation with nes, banishment, harsh corporal punishments, and capital punishment.
*. THE PENITENTIARY MOVEMENT - :he Jalnut !treet Hail opened in "$E% in Philadelphia and is considered the rst state prison.
+ -nmates labored in solitary cells and received large doses of religious training.
?Pen"en"(&y@ + an institution intended to isolate prisoners from society and from one another so that they could re<ect on their past misdeeds, repent, and thus undergo reformation.
P&n)5le! o% "$e ?5en"en"(&y@
isolate prisoner from bad in<uences of society + li0uor, temptation,
people
penance O silent contemplation productive labor
reform Bthinking O work habits return to society, renewed key solitary connement
isolate from contagion foster quiet reection
punishment, since man is social animal cheap Q shorter sentence, fewer guards
+ Pennsylvania and 'ew 4ork pioneered the penitentiary movement by developing two competing systems of connement&
Penn!yl3(n( Sy!"e' A#6#&n !y!"e'
+ ll(' Penn B"?==M"$"# English Quaker who arrived in Philadelphia in 1682 !ucceeded in getting Penns"lvania to adopt #$he %reat &aw'
emphasi(ing hard la)or in a house of correction as punishment for most crimes
+ 9en('n R#!$ B"$=>M"#"7 * Ph"sician, patriot, signer of the +eclaration of ndependence, and social reformer, -ush advocated the penitentiar" as
replacement for capital and corporal punishment COMPETING MODELS
+ Pennsylvania system + ( penitentiary system developed in Pennsylvania in which each inmate was held in isolation from other inmates, with all
activities, including craft work, carried on in the cells.
o “Separate system”
solitary connement eat, sleep, work in cell religious instruction re<ection upon crimes
salvation
religious enlightenment
o model for Europe
o eg
(ln#" S". 2(l
e!"e&n Pen"en"(&y
E(!"e&n S"("e Pen.
+ New York system (Auburn System)
o evolved into
“Congregate system'
hard labor in shops+day solitary connement+night strict discipline
rule of silence
o reform through
good work habits discipline
o model for .!/economical o eg, Auburn Prison, 11!
o won out in .!0 more cost/eective la)or0 state negotiated contracts
with manufacturers
+ @y the end of the Civil Jar, many were 0uestioning the value of the penitentiary movement, as prisons failed to deter crime, and became
increasingly e;pensive to maintain. ( new movement sought to improve the method of incarceration.
So#"$e&n Penology - Aevastation of war and economic hardship produced 6 results&
Lease system + Private )usiness negotiated with state for la)or care of
inmates//3entuck" 41825*
Penal farms
!tate/run plantations which grew crops :o feed inmates
:o sell on free market
e!"e&n Penology:
penology in west not greatly in<uenced by the ideologies of the east prior to statehood, prisoners held in territorial facilities or in federal
military posts and prisons
"#>6& !an Fuentin + CaliforniaKs "st prison "#$$& !alem, *regon prison + (uburn model
western states discontinued use of lease system as states entered into the
union
eg regon, 7alifornia, ontana, 9"oming
. THE REFORMATORY MOVEMENT *+! - *+7!B
+ :he e9ect of the opposing views of (uburn and Pennsylvania !ystem of Prison, a new concept was developed and emerging into other prisons. :he concept grew out from the philosophical beliefs of the outstanding
correctional leaders in the person of Captain (le;ander 5aconochie, !ir Jalter Crofton and 3utherford @. 1ayes.
+ product of disillusionment with oppressive penitentiary system + focus remained on inmate changeR
+ key features&
o indeterminate sentences : ;<ed
o oender classi;cation should )e )ased on character institutional
)ehavior
o use earl" release as incentive to
H(ll'(&! o% "$e &e%o&'("o&y 'o3e'en":
N("on(l P&!on A!!o)("on
R#"$e&%o&d 9. H(ye&! the former President of the nited !tates,
was elected as the rst President of the 'ational Prison (ssociation.
precursor= >merican 7orrectional >sso strong religious inuence 4still*
Cn)nn(" 'ee"ng,*+
Aeclaration of Principles & “3eformation is a work of time& and a
benevolent regard to the good of the criminal himself, as well as to the protection of society, re0uires that his sentence be long enough for the reformatory process to take e9ect.”
e"g", #a$%ono$%ie, Cro&ton, 'ro$kway
Re%o&'("o&y + an institution for young o9enders emphasi)ing training, a mark system of classication, indeterminate sentences, and parole.
M(& Sy!"e' -a system for calculating when an o9ender will be released from custody, based on both the crime O his behavior in prison.
devised by Ale4(nde& M()ono)$e B2ngland, at 'orfolk -sland penal
settlement Bo9 (ustralia, "#=%. 5aconochie is considered as the ?%("$e& o% P(&ole.@
at sentencing, o9ender is SgivenK a number of “marks,” based on o9ense
severity
Ba “debt” to society, to be “paid” o9
for release, o9ender must earn marks via voluntar" la)or
participation in educational, religious programs good )ehavior
adopted in -reland, never in 2ngland
I&!$ Sy!"e':
developed by S& (l"e& C&o%"on
derived from 5aconochieKs mark system precursor of modern parole
!ystem used in Sng Sng P&!on in 'ew 4ork, using a reformatory based
upon the concept of an earned early release if the inmate reformed himself.
G(ylo&d 9. H#66ell was the warden which recommended the
used of -ndeterminate sentencing in the (merican Prisons.
four+stage program of graduated release, based on o9ender performance all sentences served in four stages/
1 !olitar" con;nement / all start here
2 pu)lic works prison / )egin earning marks
? ntermediate stage / 4like half/wa" house* after earning enough marks @ $icket of leave / conditional release
El'&( Re%o&'("o&y M it is an institution for young o9enders emphasi)ing training, mark system of classication, indeterminate sentences, and parole e;clusively
given for rst time o9enders whose age is within "? to 7% years old.
nder the direction of Tebulon @rockway and considered as the
rst reformatory institution opened in 2lmira, 'ew 4ork on the year "#$?.
:he 2lmira 3eformatory claimed success in their process of
reformation of o9ender which includes d(gno!!, nd3d#(l=ed "&e("'en" (nd &e%o&'("on.
-ts operation involved&
• intake interview= determine causes of crime • individuali(ed work education program
• mark s"stem of classi;cation 4work, school, )ehavior* • administrators determine release date
Re%o&'("o&y 'o3e'en" end! 6e)(#!e o% "$e %ollo1ng &e(!on:
failed to reform Blike penitentiary brutality
corruption
not administered as planned but, important features survived&
inmate classi;cation reha)ilitation programs indeterminate sentences parole
8. THE INDUSTRIAL PRISON M :he failure of reformatory style of prison was
lead to the development of attractive alternative where potential protability of inmate labor was conceptuali)ed. Prisons in the .!. were converted into
industries and farms. :here are ? Bsi; systems of inmate labor used& a. Contract !ystem M materials were provided by private businesses its
manufacturing process was supervised inside the prison.
b. Piece Price !ystem M materials and the products are produced by the prisons and bought by the private businesses.
c. Public (ccount system M goods and products are owned and manage by the prison and sold it to the market.
d. !tate M use system M prisoners provided the labor for state agencies. e. Public works M prisoners work in roads and highways construction and
maintenance.
;. THE PROGRESSIVE MODEL
+ >ge of reform& set tone for (merican social thought O political action until "E?%sR
+ condemned ills of new urban society++big business, big industry, urban blight + faith in science to nd answers to
crime, criminal behavior, treatment + new faith in government action to
eliminate social problems++slums, crime + trends of period
a industriali(ation ) ur)ani(ation
c technological change d scienti;c advancement
+ socially conscious, politically active, mostly upper+class reformers of early "E%%s
+ believed science Bpositivism U state intervention couldshould solve social O political problems
+ advocated “treatment according to the needs of the o9ender,” not “punishment according to severity of the crime”
+ subscribed to ?5o!"3!'@ o&@ de"e&'n!'@ (55l)("on o% !)en"<) (55&o()$B
+ Po!"3!" S)$ool - an approach to criminology and other social sciences based on the assumption that human behavior is a product of biological, economic, psychological, and social factors, and that the scientic method can be applied to ascertain the causes of individual behavior
P&n)5le! o% Po!"3!" S)$ool:
• @ehavior Bincluding crime is '*: the product of free will. • )ehavior stems from factors )e"ond control of the
individual
• Criminals can be treated so they can lead crime+free lives. • :reatment must focus on the individual O hisher
problemBs. + P&og&e!!3e Re%o&'!:
o 6 strategies for CH reform&
improve general social, economic conditions that seem to )reed
crime
reha)ilitate individual oenders
o = planks in “progressive” platform&
pro)ation 4Aohn >ugustus, 18@1*
indeterminate sentencing 4)" 1B2Cs, ?D states* parole 4)" 1B2Cs, @@ states0 8C of releases* Fuvenile courts 418BB, 7ook 7ount"*
o @y "E$%s, most of these enlightened O well+meaning reforms seen as
having failed to live up to their promise. /. THE MEDICAL MODEL
+ a model of corrections positing that criminal behavior is caused by social, psychological, biological deciencies that re0uire medical treatment
a. ;rst serious eorts to implement trul" medical strategies aimed at scienti;call" classif"ing, treating, reha)ilitating criminal oenders ) eg #medical' programs institutions
i. psychology Barl 5enninger
ii. 5aryland Patu;ent -nstitution, "E>> iii. se;ual psychopath, sociopath laws iv. crime as sickness
0. THE COMMUNITY MODEL
+ model of corrections positing goal of CH!& to reintegrate o9ender into community
+ key features
a prisons should )e avoided0 prison G arti;cial environment0 prison frustrates crime/free lifest"le
) need to focus on oenderHs adFustment into societ"0 not Fust on ps"chological treatment
i. probation
ii. intermediate sanctions/
Balternatives to incarceration iii. parole
. THE CRIME CONTROL MODEL
+ less ambitious, less optimistic, less forgiving view of man O ability of CH! to change him
+ crime better controlled by more incarceration O strict supervision + precipitating factors
a. pu)lic concern over rising crime in I6Cs b. disillusionment with treatment
c. pu)lic clamor for longer sentences
d. distrust of )road discretion given to correctional parole authorities IV. HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES C$(5"e& *
T$e P&e-)olon(l (nd S5(n!$ Reg'e!:
Auring the pre+colonial times, the informal prison system was community+ based, as there were no national penitentiaries to speak of. 'atives who deed or violated the local laws were meted appropriate penalties by the local chieftains. -ncarceration in the community was only meant to prevent the culprit from further
harming the local residents.
:he formal prison system in the Philippines started only during the !panish regime, where an organi)ed corrective service was made operational. 2stablished in "#=$ pursuant to !ection "$%# of the 3evised (dministrative Code and formally opened by 3oyal Aecree in "#?>, the *ld @ilibid Prison was constructed as the main penitentiary on *ro0uieta !treet, 5anila and designed to house the prison population of the country. :his prison became known as the “Carcel y Presidio Correccional” and could accommodate ","6$ prisoners.
:he Carcel was designed to house ?%% prisoners who were segregated according to class, se; and crime while the Presidio could accommodate >6$ prisoners. Plans for the construction of the prison were rst published on !eptember "6, "#>E but it was not until (pril "%, "#?? that the entire facility was completed.
:he prison occupied a 0uadrangular piece of land "#% meters long on each side, which was formerly a part of the 5ayhali0ue 2state in the heart of 5anila. -t housed a building for the oIces and 0uarters of the prison warden, and "> buildings or departments for prisoners that were arranged in a radial way to form spokes. :he central tower formed the hub. nder this tower was the chapel. :here were four cell+houses for the isolated prisoners and four isolated buildings located on the four corners of the walls, which served as kitchen, hospital and stores. :he prison was divided in the middle by a thick wall. *ne+half of the enclosed space was assigned to Presidio prisoners and the other half to Carcel prisoners.
-n "E%#, concrete modern 6%%+bed capacity hospitals as well as new dormitories for the prisoners were added. ( carpentry shop was organi)ed within the connes of the facility. or sometime the shop became a trademark for ne workmanship of furniture made by prisoners. (t this time, sales of handicrafts were done through the institutions and inmates were compensated depending on the availability of funds. (s a conse0uence, inmates often had to sell through the retail or barter their
products.
*n (ugust 6", "#?E, the !an 3amon Prison and Penal arm in Tamboanga City was established to conne 5uslim rebels and recalcitrant political prisoners opposed to the !panish rule. :he facility, which faced the Holo sea had !panish+ inspired dormitories and was originally set on a ",="=+hectare sprawling estate. C$(5"e&
T$e A'e&)(n (nd Co''on1e(l"$ Go3e&n'en"!:
Jhen the (mericans took over in the "E%%s, the @ureau of Prisons was created under the 3eorgani)ation (ct of "E%> B(ct 'o. "=%$ dated 'ovember ", "E%> as an agency under the Aepartment of Commerce and Police. -t also paved the way for the re+establishment of !an 3amon Prison in "E%$ which was destroyed during the !panish+(merican Jar. *n Hanuary ", "E">, the !an 3amon Prison was placed under the auspices of the @ureau of Prisons and started receiving prisoners
from 5indanao.
@efore the reconstruction of !an 3amon Prison, the (mericans established in "E%= the -uhit penal settlement Bnow -wahig Prison and Penal arm on a vast reservation of 6#,%$6 hectares. -t would reach a total land area of =%,%%% hectares in the late "E>%s. Located on the westernmost part of the archipelago far from the main town to conne incorrigibles with little hope of rehabilitation, the area was e;panded to =",%%$ hectares by virtue of 2;ecutive *rder 'o. ?$ issued by Governor 'ewton Gilbert on *ctober ">, "E"6.
*ther penal colonies were established during the (merican regime. *n 'ovember 6$, "E6E, the Correctional -nstitution for Jomen BC-J was created under (ct 'o. 7>$E to provide separate facilities for women o9enders while the Aavao Penal Colony in !outhern 5indanao was opened in "E76 under (ct 'o. 7$76.
C$(5"e& 8
T&(n!%e& o% "$e Old 9l6d "o M#n"nl#5(:
:he increasing number of committals to the *ld @ilibid Prison, the growing urbani)ation of 5anila and the constant lobbying by conservative groups prompted the government to plan and develop a new site for the national penitentiary, which was to be on the outskirts of the urban center. (ccordingly, Commonwealth (ct 'o. ?$ was enacted, appropriating one million BP",%%%.%%%.%% pesos for the construction of a new national prison in the southern suburb of 5untinlupa, 3i)al in "E7>. :he old prison was transformed into a receiving center and a storage facility for farm produce from the colonies. -t was later abandoned and is now under the
8urisdiction of the Public 2states (uthority.
*n 'ovember ">, "E=%, all inmates of the *ld @ilibid Prison in 5anila were transferred to the new site. :he new institution had a capacity of 7,%%% prisoners and it was oIcially named the 'ew @ilibid Prison on Hanuary 66, "E=". :he prison reservation has an area of >#$ hectares, part of which was arable. :he prison compound proper had an area of 7%% ; 7%% meters or a total of nine hectares. -t was surrounded by three layers of barbed wire.
C$(5"e& ;
De3elo5'en"! A%"e& II:
(fter Jorld Jar --, there was a surplus of steel matting in the inventory and it was used to improve the security fences of the prison. ( death chamber was
constructed in "E=" at the rear area of the camp when the mode of e;ecution was through electrocution. -n the late S?%s, fences were further reinforced with concrete slabs. :he original institution became the ma;imum security compound in the $%s and continues to be so up to present, housing not only death convicts and inmates sentenced to life terms, but also those with numerous pending cases, multiple convictions and sentences of more than 6% years.. -n the "E#%s, the height of the concrete wall was increased and another facility was constructed, 6.> kilometers from the main building. :his became known as Camp !ampaguita or the 5edium !ecurity Camp, which was used as a military stockade during the martial law years and the 5inimum !ecurity Camp, whose rst site was christened “@ukang Liwayway”. Later on, this was transferred to another site within the reservation
where the former depot was situated.
nder Proclamation 'o. $6 issued on !eptember 6?, "E>=, the !ablayan Prison and Penal arm in *ccidental 5indoro was established. -n :he Leyte 3egional Prison followed suit under Proclamation 'o. ""%" issued on Hanuary "?, "E$7.
C$(5"e& /
9&"$ o% "$e Re)e5"on (nd D(gno!") Cen"e&:
3ecogni)ing the need to properly orient newly committed prisoners to the @ureau of Corrections, the 3eception and Aiagnostic Center B3AC was created through (dministrative *rder 'o. #, series of "E>7 of the Aepartment of Hustice. -t was patterned after the reception facilities of the California !tate Prison. :he 3AC is an independent institution tasked to receive, study, and classify all national prisoners committed by nal 8udgment to the 'ational Penitentiary.
:he rst 3AC facility was created in @uilding 'o. E of the 5a;imum !ecurity Compound of the 'ew @ilibid Prison B'@P, 5untinlupa City. :o isolate the facility from the ma;imum security wing which was rocked by violence in "E$7, the 3AC was relocated to @uilding 'o. $, formerly referred to as 5etro Hail of the 5edium !ecurity Compound of Camp !ampaguita, '@P. :o further insulate the newly received inmates from gangs, the Center was transferred to what was once the military command post ad8acent to the 5edium !ecurity facility where the 3AC remains to this day. :he 3AC is a separate division with a technical function. :he Chief of the 3AC sees to its independence in carrying out its tasks of receiving and classifying all male national inmates committed to the @ureau of Corrections by the competent courts. :he 3AC chief reports directly to the Airector all the activities
undertaken by 3AC personnel.
:he success of prison rehabilitation programs depends on how the 3AC handles the orientation, diagnosis and treatment of newly arrived inmates. 2very e9ort is made to determine an inmateKs strength as well as moral weaknesses, physical inade0uacies, character disorders, and his educational, social and vocational needs. -t is during the rst si;ty B?% days, during the initial contact between a prisoner and his new environment that primordial functions pertaining to his care and rehabilitation treatment are e;haustively carried out by the sta9. (t the end of the period, the inmate is ready for transfer to any of the penal institutions. 1e is e;pected to have overcome his fears and pre8udices and is prepared to cooperate in the implementation of his rehabilitation program.
@eing the initial stop of every national male prisoner, the 3AC is constantly improving its rehabilitative programs. *ne such reform is the adoption of the behavioral modication modality. *riginally a program for drug dependents, the
3AC chief recogni)ed the potential of applying its principles to all committed inmates. :hus the 3AC was turned into a :herapeutic Community Camp on ebruary
?, 6%%7.
*n Hune =, 6%%=, the 3AC also started erasing gang marks of all newly committed prisoners in an e9ort to eradicate the gang system within the @ureau. Later, then Airector Aionisio !antiago entrusted the administration of the 5untinlupa Huvenile :raining Center B5H:C to the 3AC through a memorandum dated Hune "#, 6%%>. nder a memorandum of Airector Dicente G. Dinarao dated 5arch 7", 6%%>, the 3AC was given administrative control over all other 3ACs of the @ureau of Corrections. :he 3AC has evolved into an institution that uses a modern positive approach towards penology.
C$(5"e& 0
Non-O5e&("on(l N("on(l P&!on!:
@efore Jorld Jar --, two national prisons were established by the government which are no long operational. *ne was on Corregidor -sland and the other in the
5ountain Province.
-n "E%# during the (merican regime, some "%% prisoners were transferred from the *ld @ilibid Prison to the Corregidor -sland Prison !tockage to work under military authorities. :his move was in accordance with an order from the Aepartment of -nstructions, which approved the transfer of inmates so they could assist in maintenance and other operations in the stockade.
:he inmates were transported not to serve time but for prison labor. ntil the outbreak of the !econd Jorld Jar, inmates from @ilibid Prison were regularly sent to Corregidor for labor purposes. Jhen the Jar broke out, prisoners on Corregidor were returned to @ilibid Prison. :he island prison was never re+opened.
:he Philippine Legislature during the (merican regime also passed (ct 'o. "#$? providing for the establishment of a prison in @ontoc, 5ountain Province. :he prison was built for the prisoners of the province and insular prisoners who were members of the non+Christian tribes of 5ountain Province and 'ueva Discaya.
:he @ontoc prison could be reach only through narrow, poorly developed mountain roads. Aue to the enormous e;penses incurred in transporting personnel, e0uipment and supplies to the prison, the facility was abandoned and oIcially closed on (pril 6?, "E76.
D. PHILIPPINES CORRECTIONAL SYSTEM
:he Correctional !ystem in the Philippines is composed of si; agencies under three distinct and separate departments of the national government& :he Aepartment of Hustice or A*H/ :he Aepartment of -nterior and Local Government or A-LG/ and the Aepartment of !ocial Jelfare and Aevelopment or A!JA. :he @ureau of Corrections or @uCor, is an agency under the Aepartment of Hustice, mandated to carry out institutional rehabilitation programs of the
government for national o9enders, those sentenced to more than three years, and to ensure their safe custody. -t is composed of seven operating institutions strategically located all over the country to accept national prisoners. :he central oIce is located in the 'ew @ilibid Prison, 5untinlupa City, 5etro 5anila, where the Airector, the assistant directors and the general administration sta9 are holding oIcial functions.
MANDATE :12 P3-'C-P(L :(! * :12 @32( * C*332C:-*'! -! :12 321(@-L-:(:-*' * '(:-*'(L P3-!*'23! SLOGAN @3-'G-'G @(C :12 A-G'-:4 * 5('. PRINCIPLES
:he @uCor adheres and adopts the following principles in accomplishing its mandated ob8ectives and performing its assigned functions&
" :o conne prisoners by giving them ade0uate living spaces as the rst conditions to be met before any e9ective rehabilitation programs can be undertaken.
6 :o prevent prisoners from committing crimes while in custody.
7 :o provide humane treatment by a9ording them human basic needs in the prison environment and prohibiting cruel methods and provide a variety of
rehabilitation program.
A. Ad$e&en)e "o "$e Un"ed N("on! U.N.B S"(nd(&d Mn'#' R#le! %o& "$e T&e("'en" o% P&!one&! (nd "$e UN S"(nd(&d Mn'#' R#le! %o&
Non-C#!"od(l Me(!#&e!
:he Philippines adheres to the provisions of the ' !tandard 5inimum 3ules for the :reatment of Prisoners and ' !tandard 5inimum 3ules for 'on+Custodial 5easures Bthe :okyo 3ules and other international human rights instruments which dene and guarantee the rights of inmates. !ome of these provisions are already embodied in the Philippine Constitution= and in its laws, rules and regulations and ordinances. !ection 6, (rticle of the Constitution, moreover, provides that “:he PhilippinesV adopts the generally accepted principles of international lawV”.
9. P&!onPen"en"(&y, 2(l D!"ng#!$ed
-n the Philippines, there is a distinction between a “8ail” and “prison”. ( “8ail” is dened as a place of connement for inmates under investigation or undergoing trial, or serving short+term sentences. -t is di9erentiated from the term “prison” which refers to the national prisons or penitentiaries managed and supervised by the @ureau of Corrections, an agency under the Aepartment of Hustice.> Hails include provincial, district, city and municipal 8ails managed and supervised by the Provincial Government and the @ureau of Hail 5anagement and Penology B@H5P, respectively, which are both under the Aepartment of the -nterior and Local Government. 5unicipal and city prisoners are committed to municipal, city or district 8ails managed by the @H5P. ( district 8ail is a cluster of small 8ails, each having a monthly average population of ten or less inmates, and is located in the vicinity of the court.? Jhere the imposable penalty for the crime committed is more than si; months and the same was committed within the municipality, the o9ender must serve his or her sentence in the provincial 8ail which is under the *Ice of the Governor. Jhere the penalty imposed e;ceeds three years, the o9ender shall serve his or her sentence in the penal institutions of the @uCor.
C. Fo#& Cl(!!e! o% P&!one&!
". -nsular or national prisoner M one who is sentenced to a prison term of three years and one day to death/
6. Provincial prisoner M one who is sentenced to a prison term of si; months and one day to three years/
7. City prisoner M one who is sentenced to a prison term of one day to three years/ and
=. 5unicipal Prisoner M one who is sentenced to a prison term of one day to si; months.
D. T$&ee Ty5e! o% De"(nee! ". :hose undergoing investigation/
6. :hose awaiting or undergoing trial/ and 7. :hose awaiting nal 8udgment.
INSTITUTIONAL FRAMEOR>
:hree ma8or government functionaries are involved in the Philippine correctional system, namely& the Aepartment of Hustice BA*H, Aepartment of the -nterior and Local Government BA-LG and the Aepartment of !ocial Jelfare and Aevelopment BA!JA. :he A*H supervises the national penitentiaries through the @ureau of Corrections, administers the parole and probation system through the Parole and Probation (dministration, and assists the President in the grant of e;ecutive clemency through the @oard of Pardons and Parole. A-LG supervises the provincial, district, city and municipal 8ails through the provincial governments and the @ureau of Hail 5anagement and Penology, respectively. A!JA supervises the regional rehabilitation centers for youth o9enders through the @ureau of Child and 4outh Jelfare.
A. 9#&e(# o% Co&&e)"on! 9#Co&B
@uCor has for its principal task the rehabilitation of national prisonersE, or those sentenced to serve modern penology and has shifted from the traditional view of imprisonment as societyKs retribution against criminal o9enders into one which regards imprisonment as a humani)ing and enriching e;perience. Corrections focus on rehabilitation and regards inmates as patients who need treatment and guidance in order to become productive and responsible members of society upon their release.
(t present, @uCor has seven prison facilities for its 6?,$E6 prisoners. -t has one prison institution for women and one vocational training centre for 8uveniles. (ll prison institutions have their own 3eception and Aiagnostic Centre B3AC, Classication @oard, 3ehabilitation and Docational :raining Programmes, -nmate Complaints, -nformation and (ssistance Centre B-C-(C, -nmate Council and @oard of Aiscipline. 3AC receives, studies and classies in mates committed to
@uCor. :he Classication @oard classies inmates according to their security status. :o e;tend prompt, eIcient and timely services to inmates, @uCor created -C-( which is tasked to act, within seventy+two hours, on all the complaints, re0uests for information and assistance of inmates."% :he common complaintsre0uests made by inmates are complaints against employeesco+inmates, status of prisonersK release, computation of Good Conduct and :ime (llowance and problems regarding visitorsK visits. :he -nmate Council, which is composed of nally convicted inmates, serves as an advisory body of the !uperintendent of each institution."" :he @oard of Aiscipline hears complaints and grievances with regard to violations of prison rules and regulations.
9. 9#&e(# o% 2(l M(n(ge'en" (nd Penology 92MPB
(lso known as the Hail @ureau, @H5P, an agency under the A-LG, was created
pursuant to !ection ?%, 3epublic (ct 'o. ?E$>, which took e9ect on Hanuary 6, "EE". -t is mandated to direct, supervise and control nationwide.
". unctions
Bi ormulate policies and guidelines on the administration of all district, city and municipal 8ails.
Bii ormulate and implement policies for the programmes of correction, rehabilitation and treatment of inmates.
Biv Conduct research, develop and implement plans and programmes for the improvement of 8ail services throughout the country."=
(fter twelve B"6 years of e;istence as a separate agency under the A-LG, the @H5P still shares its responsibilities with the Philippine 'ational Police BP'P. :he involvement, however, of the police in penology and 8ail management is a
temporary arrangement in view of @H5PKs limited capacity. C. 9#&e(# o% C$ld (nd Yo#"$ el%(&e
Presidential Aecree BP.A. 'o. ?%7, as amended"?, was promulgated to provide for the care and treatment of youth o9enders from the time of apprehension up to the termination of the case"$. :he @ureau provides intensive treatment for the rehabilitation of youth o9enders on suspended sentence. nder the said law, a youth o9ender is dened as a child, minor or youth who is over nine years but less than eighteen years of age at the time of the commission of the o9ence."#
D. P&o3n)(l Go3e&n'en"
Provincial 8ails, numbering "%= in all, including sub+provincial e;tensions, are under the supervision and control of the provincial governments."E
E. P(&ole (nd P&o6("on Ad'n!"&("on PPAB
:he PP( was created pursuant to Presidential Aecree BP.A. 'o. E?#6%, as amended, to administer the probation system. nder 2;ecutive *rder 'o. 6E66", the Probation (dministration was renamed as the “Parole and Probation (dministration”, and
given the added function of supervising prisoners who, after serving part of their sentence in 8ails are released on parole or granted conditional pardon. :he PP( and the @oard of Pardons and Parole are the agencies involved in the non+institutional treatment of o9enders. Probation is the status of an accused who, after conviction and sentence, is released sub8ect to conditions imposed by the court and to the supervision of a probation oIcer.66 -t is a privilege granted by the court/ it cannot be availed of as a matter of right by a person convicted of a crime. :o be able to en8oy the benets of probation, it must rst be shown that an applicant has none of the dis0ualications imposed by law.
". Criteria for Probation
-n determining whether an o9ender may be placed on probation, the court shall consider all information relative to the character, antecedents, environment, mental and physical condition of the o9ender, and available institutional and community resources. Probation shall be denied if the court nds that&
Bi the o9ender is in need of correctional treatment that can be provided most e9ectively by his commitment to an institution/
Bii there is an undue risk that during the period of probation, the o9ender will commit another crime/ or
Biii probation will depreciate the seriousness of the o9ence committed. 6. Ais0ualied *9enders
*9enders who are dis0ualied are those&
Bi sentenced to serve a ma;imum term of imprisonment of more than si; years/ Bii convicted of subversion or any o9ence against the security of the !tate, or the public order/
Biii who have previously been convicted by nal 8udgment of an o9ence punished by imprisonment of not less than one month and one day andor a ne of not more than :wo 1undred Pesos B 6%%.%%/ or
7. Probation Conditions
:he grant of probation is accompanied by mandatory or discretionary conditions imposed by the court&
Bi :he mandatory conditions re0uire that the probationer shall Ba present himself or herself to the probation oIcer designated to undertake his or her supervision at each place as may be specied in the order within $6 hours from receipt of said order, and Bb report to the probation oIcer at least once a month at such time and place as specied by said oIcer.
Bii Aiscretionary or special conditions are those additional conditions imposed on the probationer which are geared towards his or her correction and rehabilitation outside of prison and right in the community to which he or she belongs.
( violation of any of the conditions may lead either to a more restrictive
modication of the same or the revocation of the grant of probation. Conse0uent to the revocation, the probationer will have to serve the sentence originally imposed. =. 3evocation of Probation
(t any time during probation, the court may issue a warrant for the arrest of a
probationer for any serious violation of the conditions of probation. :he probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the violation charged. :he probationer+defendant may be admitted to bail pending such hearing. -n such case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to the arrested probationer. (n order revoking the grant of probation or modifying the terms and conditions of the said order cannot be appealed.
F. 9o(&d o% P(&don! (nd P(&ole 9PPB
:he @oard of Pardons and Parole was created pursuant to (ct 'o. ="%7, as amended67. -t is the intent of the law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and e;cessive deprivation of personal liberty.
". unctions
Bi :o grant parole to 0ualied prisoners/
Bii to recommend to the President the grant of pardon and other forms of e;ecutive clemency/
Biii to authori)e the transfer of residence of parolees and pardonees, order their arrest and recommitment, or grant their nal release and discharge.
6. @asis for Grant of Parole
@PP may grant parole if it nds that& Bi the prisoner is t to be released/
Bii there is a reasonable probability that, if released, he or she will live and remain at liberty without violating the law/ and
Biii his or her release will not be incompatible with the welfare of society.
:he @PP provides invaluable assistance to the President in e;ercising the power of e;ecutive clemency. -t is e;ercised with the ob8ective of preventing a
miscarriage of 8ustice or correcting a manifest in8ustice. 2;ecutive clemency may be e;ercised through a reprieve, absolute pardon, conditional pardon, or commutation of sentence.
!2C. "E. 2;cept in cases of impeachment, or as otherwise provided in the Constitution, the President may grant reprieves, commutations, and pardons, and remit nes and forfeitures, after conviction by nal 8udgment. 1e shall also have the power to grant amnesty with the concurrence of a ma8ority of all the members of the Congress. B(rticle $, "E#$ Constitution.
?Re5&e3e@ refers to the deferment of the implementation of the sentence for an interval of time/ it does not annul the sentence but merely postpones or suspends its e;ecution. ?Co''#"("on o% Sen"en)e@ refers to the reduction of
the duration of a prison sentence of a prisoner. ?A6!ol#"e P(&don@ refers to the total e;tinction of the criminal liability of the individual to whom it is granted without any condition. -t restores to the individual his or her civil and political rights and remits the penalty imposed for the particular o9ence of which he or she was convicted. ?Cond"on(l P(&don@ refers to the e;emption of an individual, within certain limits or conditions, from the punishment which the law in<icts for the o9ence he or she had committed resulting in the partial e;tinction of his or her criminal liability.
7. @asis for Grant of 2;ecutive Clemency
:he @PP recommends to the President the grant of e;ecutive clemency when any of the following circumstances are present&
Bi the trial or appellate court recommended in its decision the grant of e;ecutive clemency for the prisoner/
Bii under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime committed/
Biii o9ender 0ualies as a youth o9ender at the time of the commission of the o9ence/
Biv prisoner is seventy years old and above/ Bv prisoner is terminally+ill/
Bvi alien prisoners where diplomatic considerations and amity among nations necessitate review/ and
Bvii other similar or analogous circumstances whenever the interest of 8ustice will be served thereby.
=. Jhen (pplications for 2;ecutive Clemency will not be avourably (cted pon 'otwithstanding the e;istence of any of the circumstances mentioned above, the @PP shall not favorably recommend petitions for e;ecutive clemency of the following prisoners, those&
Bi convicted of evasion of service of sentence/
Bii who violated the conditions of their conditional pardon/ Biii who are habitual delin0uents or recidivists/
Biv convicted of kidnapping for ransom/
Bv convicted of violation of the Aangerous Arugs (ct of "E$6 and the Comprehensive Aangerous Arugs (ct of 6%%6/
Bvi convicted of o9ences committed under the in<uence of drugs an/ Bvii whose release from prison may constitute a danger to society.
Jhere the President grants conditional pardon to a prisoner, the @PP monitors the prisonerKs compliance with the conditions imposed for the duration of the period stated in the grant of e;ecutive clemency. pon determination that a prisoner granted conditional pardon has violated the conditions of his or her pardon, the @oard recommends to the President the prisonerKs arrest or recommitment.
VI. PROGRAMS OF THE 9UREAU OF CORRECTIONS
*ne of the primordial mandates of the @ureau of Corrections is the e9ective rehabilitation of prisoners/ thus, various programs are in place to address the
rehabilitation aspect in corrections.
:he term &e$(6l"("on entered the oIcial 8argon of corrections in the country in "E>>. :his was when the Geneva Convention introduced the nited 'ations !tandards on the :reatment of Prisoners to which the country is a signatory. Considered a breakthrough in protecting the rights of the incarcerated or those under the custody of law, rehabilitation has become the principal goal of corrections. 3ehabilitation was rst applied in medical practice. -t came from the Latin word “habilis” ++ literally, t or suitable. -ts meaning was e;panded to mean
“to restore to sound operation” or “to reestablish the good reputation” B@antam, "EE".
3ehabilitation in correctional work is done through a combination of programs that involves spiritual activities, educational courses Bformal and informal, medical and hygienic practices, cultural and recreational activities, productive work, counseling, therapeutic and disciplinary measures. (fter the basic needs of an inmate are met, the formal rehabilitation process involves the following institutionali)ed programs& In'("e o& 5&og&(', $e(l"$ )(&e, ed#)("on (nd !ll! "&(nng, &e)&e("on (nd !5o&"!, &elgo#! g#d(n)e (nd 6e$(3o& 'od<)("on #!ng "$e "$e&(5e#") )o''#n"y (55&o()$.
In'("e o& P&og&('
:he @ureau o9ers a variety of inmate work programs, from agricultural to industrial. :he purpose of the inmate work program is to keep the inmates busy, and to provide them money for their personal e;penses and their families as well as help them ac0uire livelihood skills, in order that they may become productive citi)ens once they are released and assimilated back into the mainstream of society. Ai9erent prison and penal farms provide institutional work programs for inmates. (t the Aavao Penal Colony, inmates work on the banana plantations of :agum Aevelopment Company B:(A2C* which has a 8oint venture agreement with
the @ureau. !imilarly, the vast tracts of land at the -wahig Penal Colony are developed and tilled by inmates to produce various agricultural products, thereby generating income for the @ureau. :he !ablayan Prison and Penal farm also provides agriculture and a0uaculture programs for inmates. (long this end, the @ureau under the present Airector has encouraged agricultural and industrial production by providing farming implements, tractors, fertili)ers and other inputs in order to sustain this area of rehabilitation for inmates. He(l"$ C(&e Se&3)e!
pon his initial commitment to the 3eception and Aiagnostic Center B3AC, the inmateKs medical history is recorded and properly documented by the 5edical !pecialist. 5edical information and mental status e;aminations are given to ascertain his overall physical mental tness and whether he would be t for work. :his forms part of the diagnostic process which will eventually determine the most
appropriate rehabilitation program for the inmate. :he principal medical care of inmates is provided through a >%%+bed capacity hospital at the 'ew @ilibid Prisons and at si; B? other mini+hospitals or clinics in the si; B? other prison and penal farms. (ll correctional facilities have a full and competent sta9 of medical practitioners in charge of clinics, inrmaries and hospitals. :hese centers are capable of minor surgical operations, laboratory e;aminations, radiology, psychiatric, rehabilitation and dental treatment. *ther government and private hospitals are also tapped in the implementation of standards pertaining to nutrition and protective health services for the prison community. 5edical services also include a wide range of counseling techni0ues and therapy programs which address the psychological problems of inmates, including suicidal thoughts and feelings of re8ection which may lead to disruption of peace and order within the prison compounds. Jhen an inmateKs ailment is beyond the competence of the in+house medical doctors, the inmate is referred to a
