Professional Documents
Culture Documents
System. behavior.
Penology.
Theories in Correction. It is the study of punishment for crime or
criminal offenders study of control and prevention of
1. Classical Theory- Punishment they deserve to be crime through punishment of criminal offender division
imprisoned. of criminology that deals with prison management and
the treatment of offenders derived from the Latin word,
"POENA", which means "pain or suffering" and "LOGOS"
2. Neo-Classical Theory- Exemption and consideration- which means to "study".
minors and insane.
Who is a Prisoner? c. During the following years until the tenth year,
inclusive, of his imprisonment, he shall be allowed a
A person committed to jail or prison by a
deduction of twenty-five days for each month of good
competent authority for any of the following: reasons:
behavior during detention
1. To serve a sentence after conviction.
d. During the eleventh and successive years of his
2. Trial. imprisonment, he shall be allowed a deduction of thirty
days for each month of good behavior during detention
3. Investigation. and;
4. Municipal Prisoner – one who is sentenced to a Bureau of Jail Management & Penology (BJMP).
prison term of one day to six months.
The Bureau of Jail Management and Penology,
hereinafter referred to as the Jail Bureau, is hereby
Good conduct time allowance. created initially consisting of officers and uniformed
members of the Jail Management and Penology Service
as constituted under Presidential Decree No. 765.
The Jail Bureau shall exercise supervision and High Risk Inmate.
control over all city and municipal jails. The provincial
Those who are considered highly dangerous and
jails shall be supervised and controlled by the provincial
who require a greater degree of security, control and
government within its jurisdiction, whose expenses shall
supervision because of their deemed capability of
be subsidized by the National Government for not more
escape, of being rescued, and their ability to launch or
than three (3) years after the effectivity of this Act.
spearhead acts of violence inside the jail. This includes
Powers and Functions of BJMP ( Bureau of Jail those charged with heinous crimes such as murder,
Managemeny & Penology). kidnapping for ransom, economic sabotage, syndicated
or organized crimes, etc.
• Formulate policies and guidelines in the
administration of all district, city, and municipal
jails nationwide;
High Value Target (HVT).
• Implement strong security measures for the
A target, either a resource or a person, who
control of inmates;
may either be an enemy combatant, high ranking
• Provide for the basic needs of inmates; official or a civilian in danger of capture or death,
typically in possession of critical intelligence, data, or
• Conduct activities for the development of
authority marked as an objective for a mission and
inmates;
which a commander requires for the successful
• Improve jail facilities; and, completion of the same.
4. Light penalties
Rights of Person Under Detention.
5. Penalties common to the three preceding
• The right to be assisted by counsel of his own choice classes
at all times.
6. Accessory penalties
• Right to be informed of his right to remain silent.
Penalties (imprisonment):
I. The basis is the penalty prescribed by the RPC 2. But where the felony is only light, only the principal
and not the actual penalty imposed by the and the accomplice are liable. The accessory is not.
court. If both imprisonment and fine are
Therefore, it is only when the light felony is
prescribed as penalties, it is the penalty of
against persons or property that criminal liability
imprisonment which is used as basis.
attaches to the principal or accomplice, even though the
felony is only attempted or frustrated,
but accessories are not liable for light felonies.
II. The classifications are:
1. They are punished only in their consummated Retribution - It seeks to punish offenders because they
stages except with respect to light felonies deserve to be punished. To give you an idea, when
against persons or property. The reason is someone gets the death penalty for committing
because they produced such light or murder.
insignificant results that society is satisfied if
they are punished even if only in their
consummated stage. Expiation/Atonement - Punishment is given as form of
group vengeance.
2. Only principals and accessories are liable.
B. Less Grave.
Incapacitation- This prevents future crime by disabling
By imprisonment of more than one
or restricting the offender's liberty, their movements or
month but not more than 6 years or fine of
ability to commit a further wrong. These are the most
P200.00 but not more than P6,000.00.
extreme form of incapacitating punishment, death
C. Grave. penalty, but there are several other forms including
imprisonment, curfews, house arrest, electronic
monitoring and disqualification from driving for Principles Observed Governing the Administration of
drunken drivers. Prisoners/Detainees
3. COMMENSURATE- For the extent of the penalty Juvenile Justice and Welfare Act” defines the
must be proportionate to the gravity of the Juvenile Justice and Welfare System as a system dealing
felony. with children at risk and children in conflict with the
law, which provides child-appropriate proceedings,
including programmes and services for prevention,
4. PERSONAL- For no one should be punished for diversion, rehabilitation, re-integration and aftercare to
the crime of another ensure their normal growth and development.
5. EQUAL- For a penalty should apply equally to all Board of Pardons and Parole - was created
transgressors of the law. pursuant to Act No. 4103, as amended. It is the intent of
the law to uplift and redeem valuable human material
to economic usefulness and to prevent unnecessary and
Key Agencies Responsible for IC/Institutional excessive deprivation of personal liberty.
Corrections.
Functions:
BuCor/ Bureau of Corrections- Is an agency under the 1. To grant parole to qualified prisoners;
Department of Justice that is charged with custody and
rehabilitation of national offenders, that is, those 2. To recommend to the President the grant of pardon
sentenced to serve a term of imprisonment of more and other forms of executive clemency;
than three (3) years. 3. To authorize the transfer of residence of parolees and
pardonees, order their arrest and recommitment, or
grant their final release and discharge.
BJMP/Bureau of Jail Management & Penology- The Jail
Bureau shall exercise supervision and control over all
city and municipal jails. The provincial jails shall be Probation.
supervised and controlled by the provincial government
within its jurisdiction, whose expenses shall be A disposition under which a defendant, after
subsidized by the National Government for not more conviction and sentence, is released subject to
than three (3) years after the effectivity of this Act. conditions imposed by the court and to the supervision
of a probation officer. (section 3, PD 968.)
(1) The Therapeutic Community Modality 5. Health, Mental and Medical Services To address some
of the basic needs of clients and their families, medical
(2) The Restorative Justice Principles and
missions are organized to provide various forms of
Concepts and
medical and health services including physical
(3) the Use of Volunteer Probation Aides (VPAs). examination and treatment, free medicines and
The Therapeutic Community Modality is a self-help vitamins, dental examination and treatment, drug
social learning treatment model used for clients with dependency test and laboratory examination.
problems of drug abuse and other behavioral problems Psychological testing and evaluation as well as
such as alcoholism, stealing, and other anti-social psychiatric treatment are likewise provided for by the
tendencies. As a treatment model, Agency’s Clinical Services Division and if not possible by
reason of distance, referrals are made to other
It includes four (4) categories, namely, behavior government accredited institutions.
management, intellectual/spiritual aspect, emotional
and social aspects, and vocational/survival aspects. In
this regard, the Therapeutic Community Modality
6. Literacy and Education In coordination with LGU
provides a well-defined structure for a synchronized
programs, adult education classes are availed of to help
and focused implementation of the various intervention
clients learn basic writing, reading and arithmetic.
strategies/activities undertaken by the agency such as:
Likewise, literacy teach-ins during any sessions
1. Individual and group counseling. This activity intends conducted for clients become part of the module. This
to assist the clients in trying to sort out their problems, is particularly intended for clients who are “no read, no
identify solutions, reconcile conflicts and help resolve write” to help them become functionally literate.
them. This could be done either by individual or group Likewise, linkages with educational Foundation, other
interaction with the officers of the agency. GOs and NGOs are regularly done for free school
supplies, bags and uniform for client’s children and
2. Moral, Spiritual, Values Formation Seminars, lectures relatives.
or trainings offered or arranged by the Agency comprise
these rehabilitation activities. Active NGOs, schools,
civic and religious organizations are tapped to facilitate
7. Community Service This program refers to the
the activities.
services in the community rendered by clients for the
benefit of society. It includes tree planting,
beautification drives, cleaning and greening of
3. Work or Job Placement/Referral Categorized as an surroundings, maintenance of public parks and places,
informal program wherein a client is referred for work garbage collection, blood donation and similar socio-
or job placement through the officer’s own personal civic activities.
effort, contact or information.
Basis for Grant of Parole. 4. Those who escaped from confinement or evaded
sentence.
1. The prisoner is fit to be released;
5. Those who were granted Conditional Pardon and
2. There is a reasonable probability that, if released, he violated any of the terms thereof;
or she will live and remain at liberty without violating
the law; and 6. Those whose maximum term of imprisonment does
not exceed one (1) year or those with definite sentence.
3. His or her release will not be incompatible with the
welfare of society. 7. Those suffering from any mental disorder as certified
by a government psychiatrist/psychologist.
2. Absolute pardon.
Parole and Probation Administration.
3. Conditional pardon.
The PAROLE AND PROBATION
4. Commutation of sentence. ADMINISTRATION is an attached agency of the
Department of Justice which provides a less costly
alternative to imprisonment of offenders who are likely not a right but only a privilege, which means that there
to respond to individualized community based is a need to make a request to the granting authority.
treatment programs.
Absolute Pardon.
Commutation.
Legislative Clemency.
- It happens when the legislature enacted a law
decriminalizing the acts or omissions previously
punishable by law.
Forms of Clemencies.
Basis for Grant of Executive Clemency.
1. Judicial Clemency.
The BPP recommends to the President the grant
2. Executive Clemency. of executive clemency when any of the following
3. Legislative Clemency circumstances are present: