You are on page 1of 7

CORRECTIONAL ADMINISTRATION 2020

INSTITUTIONAL CORRECTION

Juridical Conditions of Penalty


• Productive of suffering- without however affecting the integrity of the human personality.
• Commensurate with the Offense- different crimes must be punished with different penalties.
• Personal- the guilty one must be the one to be punished, no proxy.
• Legal-the consequences must be in accordance with the law.
• Equal- equal for all persons.
• Certain- no one must escape its effect.
• Correctional- changes the attitude of offenders and become law-abiding citizens

 Penalty is defined as the suffering inflicted by the state against an offending member for
the transgression of law.

Penalties as to Gravity
• Death Penalty- capital punishment
• Reclusion Perpetua- life imprisonment, a term of 20-40 yrs imprisonment
• Reclusion Temporal- 12 yrs and 1 day to 20 years
• Prision Mayor- 6 years and 1 day to 12 years
• Prision Correctional- 6 months and 1 day to 6 years
• Arresto Mayor- 1 month and 1 day to 6 months
• Arresto Menor- 1 day to 30 days
• Bond to keep the peace- discretionary on the part of the court.

Development or Prisons
 The wallnut Street Jail – First American Penitentiary established in Philadelphia.
 Penitentiary – Concepts:
The term penitentiary came from the Latin word “Penitentia” meaning penitence, and was
coined by an English prisoner reformer, John Howard. It referred to a place where crime and sin
may be stoned for and penitence produced.
 Two Prison System in Early History of Imprisonment
 Auburn Prison System – prisoners stay in jails during the night and work in shops
during the day. Most Americans prisoners follow this. “Congregate System”
 Pennsylvania Prison- its features were consisted in solitary confinement of prisoners
in their cells day and night when they live, slept, received religious instructions, and
given the work. “Solitary System”

THE REFORMATORY MOVEMENT


- Persons responsible for introducing reform in the correctional fields.
 Manuel Montesimos- Direction of prisons at Valeria Spain in 1835.
 Divided prisoners into companies appointed as petty officer in change; allowed one
reduction of the inmate’s sentence by the third (173) for good behavior.
 Domets of France- established an agricultural colony for delinquent boy in 1839, providing house bathers
as in charge of these boys.
 Alexander Maconochie – Superintendent, Norfolk Island Penal a Colony, Australia 1840.
 Walter Crofton – Director of the Irish System later called the progressive stage system.
 Zebulon R. Brockway- superintendent of the elimar reformatory in New York in 1876; introduced a new
institutional program for boys, 16 to 30 years of age.
 Sir Evelyn Ruggles Brise – Director of English Prison who opened the borstal institution after visiting Elmira
Reformatory in 1897, such borstal institution was considered the best reform institution for young
offenders.

THE AGE OF ENLIGHTENMENT


18TH Century is a century of change. It is the period of recognizing human dignity. It is the movement of
reformation. The period of Introduction of certain reforms in the correctional field by certain person, gradually
changing the old positive philosophy of punishment to a more humane treatment of prisoners with innovational
programs.
1. William Penn (1614-1718)
- He fought for religious freedom and individual rights.
- He is the first leader to prescribed Imprisonment as correctional treatment for major offenders
- He is also responsible for the abolition of death penalty and torture as a form of punishment.
2. Charles Montesiquieu ( Charles Louis Secondat, Baron dela Brede at de Montesiquieu)
- (1689-1755) A French historian and philosopher who analyzed law as an expression of justice. He
believe that harsh punishment would undermine morality and that appealing to moral sentiments as
a better means of preventing crime.
3. VOLTAIRE (Franchois Marie Arouet)
- (1694-1778) He was the most versatile of all philosophers during this period. He believes that fear of
shame was a deterrent to crime.
4. Cesare Bonesa, Marchese de Beccaria (1737-1794)
- He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exiting essay on law
during this century. It presented the humanistic goal of law.
5. Jeremy Bentham (1746-1832) – the greatest leader in the reform of English criminal Law. He believes that
whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime, the
crime rate would go down.
- Bentham was the one who derives the ultimate PANOPTICAL PRISON a prison that consists of a large
circular building multi cells around the periphery. It was never built.
6. John Howard (1726-1790) – the sheriff of Bedsforshire in 1773 who devoted his life and fortune to prison
reform. After his findings on English Prisons, he recommended the following: single cells for sleeping,
segregation of women, segregation of youth, provision of sanitation facilities, abolition of fee system by
which jailers obtained money from prisoners, casework methods, extensive use of parole, indeterminate
sentence.

The Elmira reformatory is considered forerunner of modern penology because it had all the elements of a modern
system.
Three “Revolution” in the History of Correction
 Age of Reformation- replaced corporal punishment and physical disfigurement with the penitentiary.
 Age of Rehabilitation- because criminals were assumed as handicapped suffering from mental or emotional
deficiencies individual should undergo therapy in healing these personal maladjustment.
 Age of Reintegration- society becomes the “patient” as well as the offender. Emphasis is placed on the
pressure exerted on the offender by the social groups to which he belongs and on the society, which
regulates his opportunities to achieve his goals.

Four Key- Citizen Rules in Correction


1. Correction Volunteer- willing to assume responsibility more or less formalized for working directly with
offenders.
2. Social Persuader – done by a person of influence in the dominant social system that is willing to persuade
others to support corrections and its directors.
3. Gatekeepers of opportunity- the custodian accesses to important special institution such as employers.
School administrator and welfare directions.
4. Inmates- peer groups on non-official basis. Correctional agents could work with community workers in
dealing traditional peer-groups.

Types of Correctional Facilities


• Prison- a place of confinement for offenders which have been sentenced by final judgment of a crime with
a penalty more than 3 years.
• Jail- place of confinement for offenders which have been on detention, under investigation or while the
case is pending in court or those sentenced with less than 3 years of penalty.
• Boot camps- modelled after military techniques, participants engage in a military training and exercise.
• Penal Colony- a settlement for exiled prisoners and separate from the general populace; used for penal
labor.
• Death row- a section in prison that houses offenders waiting for their execution.
• Youth homes/ rehabilitation center- a secure residential facility for young people waiting for trial; social
workers act as houseparents.

Prisoners- any person detained/confined in jail/prison for the commission of a criminal offense or convicted and
serving sentence in an institution.
Rehabilitation – strengthen one’s values
Reformation – a change for the belief’s
PRISON MANAGEMENT AND ADMINISTRATION
• INSTITUTIONALIZED CORRECTION
- The rehabilitation of offenders in jail or prison.
• COMMUNITY BASED CORRECTION
-Refers to correctional activities that may take place within the community.
Bureau of Corrections
• The Bureau of Prisons was created by virtue of Re-organization Act of 1905 the Act no. 1407 dated
November 1, 1905, but was renamed as the Bureau of Corrections (BuCor) under the Department of
Justice by virtue of Administrative Code of 1987 issued on November 23, 1989 and Proclamation no. 495
of the President of the Philippines.
• Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292 passed during the
Aquino Administration. It states that the head of the Bureau of Corrections is the Director of Prisons who
is appointed by the President of the Philippines with the confirmation of the Commission of
Appointments.
• The Bureau of Corrections has general supervision and control of all national prisons or penitentiaries.
• It is charged with the safekeeping of all insular Prisoners confined therein or committed to the custody of
the Bureau.
Coverage of the Bureau of Corrections
a. National Bilibid Prisons (Muntinlupa, Rizal)
- New Bilibid Prisons (Main Building)
- Camp Sampaguita
- Camp Bukang Liwayway
b. Reception and Diagnostic Center (RDC)
c. Correctional Institution for Women (Mandaluyong & Davao)
d. The Penal Colonies:
- Sablayan PenalColony and Form (Occ. Mindoro)
- Iwahig Penal Colony and Form (Palawan)
- Davao Penal Colony and Form (Central Davao)
- San Ramon Penal Colony and Farm (Zamboanga)
- Leyte Regional Prison (Abuyog- Leyte)
Correctional Agencies
• DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
- under this are the Bureau of Jail Management and Penology (BJMP) which runs the city, municipal, and
district jails; and the provincial jails through their respective provincial governments.
• DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
- under this is Juvenile and Justice Welfare Council which oversees the rehabilitation of young offenders.
• DEPARTMENT OF JUSTICE
- under this are the Bureau of Corrections, Parole and Probation Administration and the Board of Pardons
and Parole.
• PROVINCIAL JAILS
- under the supervision of provincial government unit
WHO IS A PRISONER?
- A prisoner is a person who is under the custody of lawful authority.
A person, who by reason of his criminal sentence or by a decision issued by a court, may be deprived
of his liberty or freedom.
- A prisoner is any person detained/ confined in jail or prison for the commission of a criminal offense
or convicted and serving in a penal institution.
- A person committed to jail or prison by a competent authority for any of the following reasons; to
serve a sentence after conviction, trial, and investigation.

Classification of Prisoners
Three (3) General Classification of Prisoner
 Detention Prisoners- persons committed for investigation or trial.
 Sentenced prisoners- persons committed to jails or by prison to serve sentence after final conviction by a
competent court for the commission of a crime.
 Safe- keeping – detained to protect community.
II. Classification of Prisoner under P.D. No. 29
1. National/ Insular Prisoners
a. Those sentenced to suffer an imprisonment from three (3) years and one (1) day to file imprisonment or
more than one thousand pesos (P 1,000.00) fine or both.
b. Those sentenced to suffer of imprisonment above but appealed the judgement and unable to file a bond
for their temporary liberty.
c. Those sentenced with Death Penalty

2. Provincial prisoners
a. Those sentenced to suffer an imprisonment six (6) months and one (1) day to three (3) years of fine of
not more One Thousand pesos (1, 000. 00) or both fine and imprisonment.
b. Those detained therein waiting for preliminary investigation of their cases cognizable by the Regional
trial Court.

3. City prisoners
a. Those sentenced to suffer a term of Imprisonment from One (1) day to three or fine of not more than
One Thousand (1, 000. 00) pesos or both fine and imprisonment.
b. Those detained therein whose cases are filed with the Municipal Trial Courts in cities.
c. Those detained therein whose cases are under preliminary investigation cognizable by the Regional
Trial Courts.

4. Municipal prisoners
a. Those sentenced to suffer a term of imprisonment from one (1) day to six (6) months.
b. Those detained therein whose cases are filed with the CMT.

III. Classification of Prisoners According to the Degree of security


1. Super Maximum Security Prisoners- A special group of prisoners composed of incorrigible, intractable, and
highly dangerous persons who are the source of constant disturbances even in a maximum-security prison.
2. Maximum Security Offenders
• Those sentenced to death
• Those whose minimum sentence is twenty years imprisonment
• Detainees or remand inmates whose sentence is (20) years and above and those sentences are
under review by the court of appeals or the Supreme Court;
• Those with pending cases.
• Escapees, recidivists and habitual delinquents;
• Those under safekeeping or disciplinary punishment;
• Those confined at the RDC; and
• Those who are diagnosed as criminally insane or with severe emotional or personality disorders
that makes them hazardous to fellow inmates or the prison staff.
CHARACTERISTICS of MAXIMUM SECURITY INMATES
• The group of prisoners whose escape could be dangerous to the public or to the security of the
state. It consist of constant trouble makers bur not as dangerous as the super maximum-security
prisoners. WALL, 18 to 25 feet high
• Their movements are restricted and they are not allowed to work outside the institution but
rather assigned to industrial shops with in the prisons compound.
• They are confined at the Maximum Security Prison (NBP Main Building), or other assigned
building in other penal farm and they wear orange color or tangerine uniform.
3. Medium Security Offenders
- Those whose minimum sentence is less than twenty (20) years of imprisonment
- Detainees or remand inmates whose sentence is below twenty (20) years
- Those who are below eighteen (18) years of age regardless of sentence and case,
- Offender with two (2) or more records of escape and at least eight (8) years of service.
- First offender sentenced to life imprisonment. They may be classified as medium security if they
have serve five (5) years in a maximum security prison or less upon recommendation of the
superintendent.
CHARACTERISTICS of MEDIUM SECURITY
• Those who cannot be trusted in open conditions and pose lesser danger than maximum-security
prisoners in case they escape.
• It consists of groups of prisoners who may be allowed to work outside the fence or walls of the penal
institution under guards or with escorts. They occupy the Medium Security Prison (Camp Sampaguita)
and they wear blue color of uniforms.
• Generally, they are employed as agricultural workers. It includes prisoners who served at least 10 years
inside a maximum-security prison.
4. Minimum Security Offenders
 This shall include who may be reasonably trusted to serve their sentence under less restricted
conditions. Under this category are:
 Those with a severe physical handicap as ratified by the chief medical officer of the prison.
 Those who are sixty-five (65) years old and above without pending case and whose convictions are
not on appeal.
 Those who have served ½ of their minimum sentence or 1/3 of their maximum sentence, excluding
good conduct time allowance; and
 Those who have only six (6) months more to serve before the expiration of their maximum sentence.
CHARACTERISTICS of MINIMUM SECURITY OFFENDER
• Group of prisoners who can be reasonably trusted to serve sentence under “open conditions”.
• This group includes prisoners who can be trusted to report to their work assignments without the
presence of guards.
• They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown color uniforms.

Color of uniform as to security Classification


The color of the uniform of an inmate shall be based on his security classification, as follows;
a. Maximum security Tangerine
b. Medium security Blue
c. Minimum security Brown
d. Detainee Gray
Classification of Inmates according to Grade or Privilege
• Detainee
• Third Class Inmate- one who has been previously committed for three or more times as a sentenced
inmate
• Second Class- a newly arrived inmate;
• First Class- one whose character and credit for work is known;
• Colonist
Who may be considered as Colonist?
• A first class inmate and has served one year immediately preceding the completion of the following
qualifications:
• Has served one fifths of the maximum sentence
• Or in case of life sentence seven years
Benefits of a Colonist
• Credit of additional 5 days for each month pursuant to Art. 97 of the RC
• Automatic reduction of life sentence to 30 years
• To have his wife and children or the woman he desires to marry to live with him
• Issuance of clothing and household supply
• To wear civilian clothes
* Inmates who are spouses may serve their sentence together as colonist
Purpose of Confinement
• To segregate offenders from society; and
• To rehabilitate him so that upon his return to the society he shall be responsible and law abiding citizen.

Competent Authority
• Municipal Trial Court (MTC)
• Metropolitan Trial Court (MTC)
• Municipal Circuit Trial Court (MCTC)
• Regional Trial Court (RTC)
• Court of Appeal (CA)
• Court of Tax Appeal (CTA)
• Sandigan Bayan
• Supreme Court (SC)
• Shari‘a Court
• Commission on Election (COMELEC)
• Bureau of Immigration and Deportation (BID)
• Military Court
• House of Representative
• Senate
• Board of Pardon and Parole (BPP)
 And other administrative agencies as maybe authorized by law

Carpeta vs. Prison record


• Carpeta- the institutional record of an inmate
 Mittimus/ commitment order
 Information
 Decision of the trial court (judgment)
• Prison Record- this refers to the information regarding
 inmate‘s personal circumstances,
 the offense he committed
 the sentence imposed
 Case number, date of commencement
 Date received for confinement, date of expiration
 Previous cases etc

You might also like