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COLLEGE OF CRIMINAL JUSTICE EDUCATION

CORRECTIONAL
ADMINISTRATION 1:
INSTITUTIONAL
CORRECTIONS

PREPARED BY:

MARY JOY A. CORDERO


ANGELINE E. TANGGA

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TABLE OF CONTENTS

CHAPTER 1
CORRECTIONAL ADMINISTRATION 4

CHAPTER 2
NATURE AND TRENDS OF PUNISHMENT 7

CHAPTER 3
PENALTY AND THE MODERN PERIOD OF CORRECTION 12

CHAPTER 4
ORGANIZATIONS, PROCESSES AND
PROGRAMS IN A CORRECTIONAL SYSTEM 20

CHAPTER 5
THE CORRECTIONAL TREATMENT PROGRAMS 28

CHAPTER 6
PRISON CUSTODY, SECURITY, AND DISCIPLINE 37

CHAPTER 7
COUNSELLING, CASEWORK AND CLINICAL SERVICES 43

CHAPTER 8
THE PHILIPPINE PRISON SYSTEM 51

CHAPTER 9
CORRECTIONAL SYSTEM AND FACILITIES 54

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CHAPTER 10
BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP) 60

CHAPTER 11
BJMP INSTITUTIONAL PROCEDURES 65

CHAPTER 12
LAWS GOVERNING THE CORRECTION OF CRIMINALS 69

CHAPTER 13
MODERNIZATION LAW FOR JAILS AND PRISONS 77

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CHAPTER 1

CORRECTIONAL ADMINISTRATION

WHAT IS CORRECTIONAL ADMINISTRATION?


The study and practice of a systematic management of jails or prisons and other institutions
concerned with the custody, treatment, and rehabilitation of criminal offenders.

WHAT IS PENAL MANAGEMENT?


Penal Management refers to the manner or practice of managing or controlling places of
confinement as in jails or prisons. It was change to correctional administration to mean the manner
or practice of managing or controlling places of confinement as in jails or prisons including custody,
treatment and rehabilitation of criminal offenders.

WHAT IS PENOLOGY?
It is the study of punishment for crime or of criminal offenders. It includes the study of control
and prevention of crime through punishment of criminal offenders.
The term penology is derived from the Latin word “poena” which means pain or suffering.
Penology is otherwise known as Penal Science or science for correction. It is actually a
division of criminology that deals with prison management and the treatment of offenders, and
concerned itself with the philosophy and practice of society in its effort to repress criminal activities.
Penology has stood in the past and, for the most part, still stands for the policy of inflicting
punishment on the offender as a consequence of his wrongdoing.
The term was later change to correction due to its harsh connotation. The difference is that
penology mainly looks at what needs to go on inside a prison to keep it functioning while corrections
mainly looks at the effectiveness and efficiency of the whole correctional subsystem component of
criminal justice.

PRINCIPAL AIMS OF PENOLOGY


1. To bring light on the ethical barriers of punishment, along with the motives and purposes of society
inflicting it.
2. To make a comparative study of penal laws and procedures through history between nations.

3. To evaluate the social consequences of policies enforced at a given time.

WHAT IS CORRECTION?
It is a branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders. It is that field of criminal justice administration which utilizes the
body of knowledge and practices of the government and the society in general involving the processes

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of handling individuals who have been convicted of offenses for purposes of crime prevention and
control.
It is the study of jail/prison management and administration as well as the rehabilitation and
reformation of criminals.
It is a generic term that includes all government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the investigation, intake, custody, confinement, supervision,
or treatment of alleged offenders.
It is also a 20th century social engineering term for the ability to be technically proficient at the
processing of incarcerated offenders.

CORRECTION AS A PROCESS
Correction as a process refers to the reorientation of the criminal offender to prevent
him or her from repeating his deviant or delinquent actions without the necessity of taking
punitive actions but rather the introduction of individual measures of reformation.

CORRECTION AND THE CRIMINAL JUSTICE SYSTEM

The Criminal Justice System is the machinery of any government in the control and prevention
of crimes and criminality. It is composed of the pillars of justice such as: the Law Enforcement Pillar
(Police), the Prosecution Pillar, the Court Pillar, the Correction Pillar, and the Community Pillar.

Correction as one of the pillars of Criminal Justice System is considered as the weakest pillar.
This is because of its failure to deter individuals in committing crimes as well as the reformation of
inmates. This is evident in the increasing number of inmates in jails or prisons. Hence, the need of
prison management is necessary to rehabilitate inmates and transform them to become law-abiding
citizens after their release.

CORRECTIONAL AGENCIES

1. Bureau of Corrections
2. Parole and Probation Administration
3. Board of Pardons and Parole
4. Bureau of Jail Management and Penology
5. Provincial Rehabilitation Center
6. City/Municipal Rehabilitation Centers
7. Regional Youth Rehabilitation Center

Correction is the fourth pillar of the criminal justice system. This pillar takes over once the
accused, after having been found guilty, is meted out the penalty for the crime he committed. He can
apply for probation or he could be turned over to a non-institutional or institutional agency or facility for
custodial treatment and rehabilitation. The offender could avail of the benefits of parole or executive
clemency once he has served the minimum period of his sentence.

When the penalty is imprisonment, the sentence is carried out either in the municipal, provincial
or national penitentiary depending on the length of the sentence meted out.

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MODELS OF CORRECTIONAL ADMINISTRATION

1. Responsibility Model

This stresses prisoners’ responsibility for their own actions, not administrative control to assure
prescribed behavior. Proper classification of inmates according to this model, permits placing prisoners
in the least restrictive prison consistent with security, safety, and humane confinement. Prisoners
should be given a significant degree of freedom and then held to account for their actions.

2. Custodial Model

This model is based on the assumption that prisoners have been incarcerated for the
protection of society and for the purpose of incapacitation, deterrence and retribution.

It emphasizes maintenance and security and order through the subordination of the prisoner to
the authority of warden. Discipline is strictly applied and most aspect of behavior is regulated.

3. Control Model

This model emphasizes on prisoner obedience, work and education.

4. Rehabilitation Model

In this model, security and housekeeping activities are viewed primarily as a framework for
rehabilitative efforts. Professional treatment specialist enjoys a higher status than other employees in
accordance with the idea that all aspect of prison management should be directed towards
rehabilitation.

5. Reintegration Model

In this model, it linked to the structures and goals of community corrections but has direct
impact on prison operations. Although an offender is confined in prison, that experience is pointed
toward reintegration into society.

This kind of treatment gradually gives inmates greater freedom and responsibility during their
confinement and move them into a halfway house, work release programs or community correctional
center before releasing them to supervision. Consistent with the perspective of community corrections,
this model is based on the assumption that it is important for the offender to maintain or develop ties
with the free society. The entire focus of this approach is on the resumption of a normal life.

6. Total Institution Model

This model is one that completely encapsulates the lives of the people who work and live inside
the jail or prison. A prison must be such an institution in the sense that whatever prisoners do or do not
do begins and end there; every minute behind bars must be lived in accordance with the rules as
enforced by the staff.

Adding to the totality of the prison is a basic split between large groups of inmates. Those who
have limited contact with the outside world and the small group of the staff members who supervise
the inmates and yet socially integrated with the outside world they live in.

This concept of inmate treatment is probably an influence of the broad goals of incarceration.
When we look at a prison, it is natural to believe that retribution, incapacitation and deterrence are the
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goals being advanced, but one also know that the most sought after goal is the rehabilitation of the
offender.

7. Penitentiary Model

This model applies two systems namely: the separate and the congregate.

The separate system used solitary confinement and manual labor in which the prisoners were
kept separate from one another as well as from the outside world. The congregate system is one in
which the prisoners slept in solitary cells, worked together but complete silence is observed. They are
united but no moral connection exists among them. They see without knowing each other. They are in
a society without mental intercourse because there was no communication and hence no interaction.

The penitentiary was practice as custodial institution. It demanded absolute obedience from
criminals who have never learned to respect limits, follow rules or put in an honest day’s work and
who, moreover, were filthy elements of the society.

8. Progressive Model

The New York’s famous Elmira Reformatory is described as the original model from which
progressive penology evolved.

It was praised as humanitarian “hospital” or “college on the hill”, the model developed a new,
liberating reformatory and produced a kind of scientific penitentiary.

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CHAPTER 2

NATURE AND TRENDS OF PUNISHMENT

WHAT IS PUNISHMENT?

Punishment is a means of social control. It is a device to cause people to become cohesive


and to induce conformity. People believe that punishment is effective as a means of social control but
this belief is doubtful. There is no question, however, that some forms of punishment are more
effective in one society than in another. For example punishment in a small well ordered community,
where people practically know everybody, is more effective in inducing conformity than in a highly
mobile metropolitan city.

The general concept of punishment is that it is infliction of some sort of pain on the
offender for violating the law. This definition is not complete in the sense that it does not mention the
condition under which punishment is administered or applied.

In the legal sense, it is more individual redress, or personal revenge. Punishment, therefore, is
defined as the redress that the state takes against an offending member.

Punishment is restricted to such suffering as is inflicted upon the offender in a definite way by,
or in the name of, the society of which he is a permanent member. Punishment must be intended and
not accidental, to produce some sort of justified suffering on the offender.

It is essential that the offender should be forcibly made to suffer and that society is justified in
making him suffer. Punishment is a form of disapproval for certain behaviors that is followed by
imposing a penalty.

Punishment makes the offender stigmatized and penalized. The offender may or may not
actually suffer, under the intentional application of punishment, depending on the circumstances it is
applied and the toughness of the individual offender.

FORMS OF PUNISHMENT IN PRIMITIVE SOCIETY

1. Death penalty
a. Hanging
b. Beheading
c. Breaking wheel or Catherine wheel
d. Burning
e. immersing in boiling oil
f. Feeding to wild animals
g. Other barbaric ways or medieval executions.

2. Physical Torture/ Corporal Punishment


a. by flogging/whipping
b. Mutilation/maiming
c. Disfiguration

3. Public humiliation and shaming – also known as social degradation or putting the offender into
shame or humiliation

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a. the use of stocks and pillory
b. docking stool
c. branding
d. shaving off the hair, etc.

4. Banishment or exile - sending or putting away of an offender which was carried out either by
prohibition against coming into a specified territory such as an island to where the offender has
been removed.

5. Other similar forms of punishment like transportation and slavery.

EARLY FORMS OF PRISON DISCIPLINE

1. Hard Labor - productive works.

2. Deprivation – deprivation of everything except the bare essentials of existence

3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to perform drab or
boring daily routine.

4. Uniformity – “we treat the prisoners alike”. “the fault of one is the fault of all”.

5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing.

6. Degradation – uttering insulting words or languages on the part of prison staff to the prisoners to
degrade or break the confidence of prisoners.

7. Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a


delinquent inmate.

8. Isolation or Solitary Confinement – non-communication, limited news, “the lone wolf”.

CONTEMPORARY FORMS OF PUNISHMENT

1. Imprisonment – putting the offender in prison for the purpose of protecting the public against
criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo
institutional treatment programs.

2. Parole - a conditional release of prisoners after serving part of his/her sentence in prison for the
purpose of gradually re-introducing him/her to free life under the guidance and supervision of a
parole officer.

3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which
does not exceed six years imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.

4. Fine – an amount given as a compensation for a criminal act.

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5. Destierro – the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25-kilometer perimeter.

JUSTIFICATIONS OR PURPOSES OF PUNISHMENT

1. Retribution

The punishment should be provided by the state whose sanction is violated, to afford the
society or the individual the opportunity of imposing upon the offender suitable punishment as might be
enforced. Offenders should be punished because they deserve it.

In primitive days punishment of the transgressor was carried out in the form of personal
vengeance. Since there were no written laws and no courts, the victim of a crime was allowed to
obtain his redress in the way he saw fit. Oftentimes, the retaliatory act resulted to infliction of greater
injury or loss than the original crime, so that the latter victim was perforce afforded his revere.

Punishment therefore became unending vendetta between the offender and the victim. Later,
an attempt was made to limit the retaliation to the degree of injury inflicted, thus the philosophy of “an
eye for an eye” evolved. During this period nearly all offenses that are now included in criminal codes
as public crimes, were considered private offenses for which the victims were allowed their redress
through personal vengeance.

There were a few offenses, however, which were regarded as crimes committed against the
native gods. People being then superstitious, believed that any catastrophe that befell the group was a
retaliation of an offended god. In order to appease the offended god, the social group or clan
demanded that the supposed offended be banished or put to death. Witchcraft was considered a
public crime and person suspected of being a witch was tortured, banished or put to death.

2. Expiation or Atonement

It is punishment in the form of group vengeance where the purpose is to appease the offended
public or group.

This theory or justification of punishment was also advocated during the pre-historic days. A
sort of common understanding and sympathetic feeling developed in the group. An offense committed
by a member against another member of the same clan or group aroused the condemnation of the
whole group against the offending member.

The group would therefore demand that the offender be punished. When punishment is
exacted visibly or publicly for the purpose of appeasing the social group, the element of expiation is
present. Expiation is therefore, group vengeance as distinguish from retribution which is personal
vengeance.

Punishing the offender gives the community a sense of its moral superiority, an assurance that
virtue is rewarded after all. Hostile action against the offender brings about cohesiveness in society.
Corporal punishment in most modern countries has been abolished and the application of punishment
has tended to be withdrawn from the public eye. Some segments of society, however, still cling to the
belief wrong doing or in order that punishment be punishment.

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3. Deterrence

It is the punishment gives lesson to the offender by showing to others what would happen to
them if they violate the law. Punishment is imposed to warn potential offenders that they cannot afford
to do what the offender has done. This is the essence of deterrence as a justification for punishment.

Cesare Beccaria, an exponent of the Classical School of Criminology and whose writings at the
end of the 18th century renovated the punitive justice system of Europe, contended that the intent of
punishment should not be to torture the criminal or to undo the crime (expiation) but to “prevent others
from committing a like offense”. He advocated the theory that “a punishment should have only that
degree of severity which is sufficient to deter others. It is doubtful if punishment is as the proponents
think.

In one New England state during the 18th Century, theft was punishable by whipping the
offender in the public plaza. The purpose of whipping the thief within the public view was to deter
others from committing the same offense. Public whipping, however, did not diminish the incidence of
the theft in that state.

In England during the 18th century, pick pocketing was one of fifty offenses punishable by
hanging. The offender was hanged on a Sunday afternoon in order to draw the largest number of
spectators. The hanging would be preceded by a brass band playing in the morning until in the
afternoon. On this occasion, thousands of spectators would mill their way in the crowd to obtain better
view of the victim at the condemned man was executed. On this same occasion professional pick
pocketers were busy plying their trade in the crowd.

The multitude that came to view the hanging were there to see how the offenders withstood
their fate, how callous they were, and how they would react to the jeers and chastisement of the
crowd. In some instances punishment undoubtedly has a deterring effect. For the great mass of
infractions of the law, however, the fear of punishment does not enter into the causation.

The conception of deterrence presumes that the person thinks before he acts and that all he
has to do is to think of the consequences and then he will be deterred. Actually this is not so because
offenders commit crimes without the fear of punishment uppermost in their minds.

There are certain types of offenders who could not be deterred by the fear of punishment,
namely, the behavior of the moment type involved in crimes of anger and passion; and the type of
offender whose antisocial behavior is connected with his personality pattern and is part of his
approach to life as exemplified by the psychopathic offender and the neurotic offender.

There is no doubt, however, that some types of offenders, particularly first offenders, can be
stigmatized by the lightest form of punishment. To others more inured in crime; going in and out of
penal institutions does not deter.

4. Protection or Incapacitation

It means that the public will be protected if the offender has being held in conditions where he
cannot harm others especially the public. Punishment is effected by placing offenders in prison so that
society will be ensured from further criminal depredations of criminals.

Protection as a justification of punishment came after prisons, were fully established. People
believe that by putting the offender in prison, society is protected from his further criminal depredation.
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If this were so, vicious and society is protected from his further criminal depredation. If this were so,
vicious and dangerous criminals should be made to serve long terms of imprisonment. Recidivism and
habitual delinquency laws are expected to attain this end.

5. Reformation or Rehabilitation

It is the establishment of the usefulness and responsibility of the offender. Society’s interest
can be better served by helping the prisoner to become law abiding citizen and productive upon his
return to the community by requiring him to undergo intensive program of rehabilitation in prison.

This is the latest justification of punishment. Under this theory, society can best be protected
from crime if the purpose of imprisonment is to reform or rehabilitate the prisoner. Advocates of
this theory contend that since punishment does not deter; in as much as imprisonment does not
protect society from further commission of crimes because the greater portion of the criminal
population is at large; and because prisoners stay in prison for a short time, from 3 to 5 years only,
society’s interest can best be served by helping the prisoner become a law-abiding and productive
citizen upon his return to the community by making him undergo an intensive program of rehabilitation
in prison.

Theoretically, imprisonment for reformation is sound, but practically, rehabilitation is difficult to


achieve. Some prisoners are reformed, but about 50% get relapses. Failure to reform prisoners may
be due to poor administration of the reformatory program, or it may lie in the make-up of the criminal
population.

Probation, which is a substitute for imprisonment, and parole which an early release from
prison, are intended to reform the offender. A new concept of correctional administration has
developed, thus reformation and rehabilitation are now thought of as “treatment”. Treatment through
institutional programs and through probation and parole services is the modern version of reformation
and rehabilitation.

LIMITATIONS OF PUNISHMENT

Punishment has certain limitations on the offender, in spite of the above -enumerated
justifications.

1. Punishment makes the criminal cautious about concealing his criminal activities.
2. Stigmatizes him and isolates him from society;
3. Makes him a martyr or a hero; and
4. Develops in him an antisocial grudge and a strong resentment of authority.

Punishment on the other hand does not deter; does not repair damage to society; or
reconstruct the personality of the offender.

TRENDS OF PUNISHMENT

The principal trends of punishment are the following:

1. Development of exemptions, pardon, and communications;


2. The decline in the severity of punishment;
3. The growth of imprisonment and its modifications;
4. Good time allowances;
5. Indeterminate sentences;
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6. Suspended sentence and probation, conditional release, parole, short sentences, and fines.

EXEMPTIONS OF PUNISHMENT

The basis for exemptions is usually social. In Europe, Kings and Rulers in ancient and early
modern society could do no wrong. Upper classmen were often times exempted from criminal liability
for offences, which caused the commoner long imprisonment or death penalty.
Most countries today do not punish offenders for absence of “mens rea”, that is absence of a
guilty mind or lack of criminal intent. The right of sanctuary was practiced in the early Christian era.
The benefit of clergy was originally given to clerics who did not wear ecclesiastical robes from being
tried by lay courts but only by ecclesiastical courts. Later the privilege was extended to anyone who
could read and write.
Age of the offender was another basis for exemption from criminal responsible. Under juvenile
delinquents are not legally classified as criminals.
The mental condition of the offender is another basis for exemption from criminal
responsibility. The M’Naghtan case of England (1843) held the opinion that an offender is to be
considered sane and responsible until is proven that he was insane at the act was committed, and
therefore, could not have known right from wrong. This doctrine holds true in every progressive country
today.
Reformist would want the criminal insane, such as the criminal psychopaths and criminal
neurotics, handled by special laws and procedures in courts and to provide specialized mental
institutions for their care. There is now a move that in cases where the plea is “no responsibility”
because of insanity or mental disturbance, juries should be concerned only with the problems of
establishing guilt and that a panel of experts appointed by the courts; should determine the disposition
to be made of the case.

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CHAPTER 3

PENALTY AND THE MODERN PERIOD OF CORRECTION

WHAT IS PENALTY?

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

JURIDICAL CONDITIONS OF PENALTY

Punishment must be:


1. Productive of suffering – without however affecting the integrity of the human personality.

2. Commensurate with the offense – different crimes must be punished with different penalties (Art.
25, RPC).

3. Personal – the guilty one must be the one to be punished, no proxy.

4. Legal – the consequence must be in accordance with the law.

5. Equal – equal for all persons.

6. Certain – no one must escape its effects.

7. Correctional – changes the attitude of offenders and become law-abiding citizens.

HISTORICAL FEATURES OF PENALTY

1. Retaliation (personal vengeance) – was the earliest remedy for a wrong act to anyone. The
concept of personal revenge by the victim’s family or tribe against the family or tribe of the
offender, hence “blood feuds” was accepted in the early primitive societies.

2. Fines and Punishment – customs have exerted effort and great force among primitive societies.
The acceptance of vengeance in the form of payment (cattle, food, personal services, etc.)
became accepted as dictated by tribal traditions.

3. Securing Sanctuary – as early as the 13th century, a criminal could avoid punishment by claiming
refugee in a church for a period of 40 days.

4. In England at about 1468, torture as a form of punishment became prevalent. Transportation of


criminals in England was authorized. At the end of the century, Russia and other European
countries followed this system. It partially relieved overcrowding of prisons. It was later abandoned
in 1835.
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5. Death Penalty became prevalent as a form of punishment during the 17th and 18th Century.

6. GAOLS (Jails) were common. These are pre-trial detention facilities operated in England.

7. GALLEYS were used. These are long, low, narrow, single decked ship used for transportation of
criminals in the 16th Century.

8. HULKS – were abandoned warships used to house prisoners were utilized, converted into prisons
as mean to relieve congestion of prisons. They were known as the “Floating Hells”.

THE EARLY LEGAL SYSTEM

There are three main legal systems influential around the world, and have been extended to
and adopted by all countries aside from those that produced them. In their chronological order, they
are:
1. Roman Laws
2. Mohammedan or Arabic Laws
3. Anglo – American Laws

Among the three, it was the Roman law that has the most lasting and most pervading
influence. The Roman private law (which include Criminal Law), inconsistent which sharply define, in
concise and inconsistent terminology, mature rules and complete system, logical and firm, tempered
with high sense of equity.

THE EARLY LEGAL CODES

1. Babylonians and Sumerian Codes

a. Code of Ur-Nammu (ca 2050 BC) – Through archeologist diggings, scientists have
acknowledged that the first law of system in the world belonged to the Mesopotamians,
especially the Sumerians. One of the most ancient legislators, Ur - Nammu, who was of the city
of Ur had a code detailing the punishments for witchcraft, the escapades of slaves and assault.

b. Code of Eshnunna (ca 1930 BC) – a Sumerian code which forbid accepting money or objects
“from a hand of a slave” or making loans (that is any transactions with a slave). Moneylenders
are likewise forbidden from taking hostages, whether free men or slaves.

c. Codes of Lipit – Istahr (ca 1860 BC) – a more popular version the Sumerian law which
chronicles the rights of citizens, marriages, successions, property rights and penalties.

d. Code of Hammurabi (ca 1780 BC) – the Babylonian code that prescribes harsh punishment.
Punishments were calculated according to lex talionis-law of retaliation. Death penalties could
also be imposed on crimes such as murder, and several kinds of execution, depending on the
nature of the crime.

2. The Greek and Roman Codes


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a. Greek Code of Draco (621 BC)- In Greece around 621 BC, the Code of Draco was enforced,
a hash code that provides the same punishment for both citizens and the slaves as it
incorporates primitive concepts. The penalty for many offenses was death; so severe, that the
word “draconian” comes from his name and has the come to mean, in the English language, an
unreasonably harsh law. The Draco laws were the first written laws of Greece. These laws
introduced the state’s exclusive role in punishing person accused of crime, instead of relying on
private justice. Thus, the Greeks were the first society to allow any citizens to prosecute the
offender in the name of the injured party.

b. Solon’s Law (530 BC) – This law repealed Draco’s laws allowed capital punishment only for a
limited number of serious offenses, such as murder or military or political offenses against the
state. It also gave the right representation, of every person to claim redress on behalf of
another to whom wrong was being done.

c. The Twelve Tables (450 BC)- represented the earliest codification of Roman Law which was
later on incorporated into the Justinian Code. It is the foundation of all public and private law of
the Romans until the tie of Justinian. It is also a collection of legal principles engraved on metal
tablets and set up on the forum.

d. Justinian Code- 6TH C A.D. Emperor Justinian of Rome wrote his code of law. This was an
effort to match a desirable amount of punishment to all possible crimes. However, the law did
not survive due to the fall of the Roman Empire but left a foundation of Western legal codes.

3. The French Code

a. Burgundian Code (500 A.D.) – also known as Lex Burgundionum, published in about 475 in
Burgundy, now Southeastern France. The codification married German to Roman Law as well
as advising other unique and novel aspects of written private law which influenced the course
of laws of Europe.

4. The Secular Laws

a. Secular Laws (4th AD)- WERE ADVOCATED BY Christian philosophers who recognizes the
need for justice. Some of the proponents these laws were St. Augustine and St. Thomas
Aquinas. During this period, three law were distinguished: External Law(Lex Externa), Natural
Laws(Lex Naturalis) are intended for the common good, but the human law only becomes valid
it does not conflict with the other two laws.

5. The Chinese Codes

a. Qin Code - During the Chin or Qin Dynasty of 221-206 BC, the King of Qin (aka Ch’in)
managed to defeat most of the other kings and was able to consolidate power over much of
modern-day territory of China. The Emperor of Ch’in heeded Han Fei’s (Han Fei Tze 280-233
BC was a Chinise Jurist) advice and consolidate his rule with a harsh penal code for all- the
Qin Code (also called the Chin Code). The Qin Code encoded the Confucian base from which
most Chinese law had benefited to date.

b. Han Code - In 206 BC, the Han Dynasty began and the Confucius legal policy was reinvented
with a vengeance and thereafter remained as the “dominant force” behind Chinese law right up
1949. The legal reform was led by the benevolent spirit of Liu Pang (aka Liu Bang), emperor of
China from 206-195 BC. He stated publicly that there were far too many law. So he whittled it
down to three; prohibitions against murder, injury and theft.
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c. The Tang Code- (Tanlü Shuyi) – developed during the dynasty of the same name, circa 624,
and as substantially revised in a second edition which issued in 637. The code revised earlier
existing Chinese codes and standardized procedures. For examples, there were only two ways
to perform capital punishment on a convicted criminal: beheading or hanging.

d. The Ming Codes (Daming Lu)- were a succession of consolidations of the criminal law in
China, developed during the Ming Dynasty of 1368-1644.

e. Qing Code - In 1644, Chinese law was again altered by the publication of the Qing Code, the
last of the great law codes of the Chinese dynasties. Some Confucian features of the Qing
Code included deference to the family hierarchy were even the accidental death of an elder
meant death. Conversely, if a child cursed an elder and the child was then beaten to death, the
punishment to the offender was relatively mild.

THE EARLY PRISONS

1. Mamertine Prison/ “Carcere Mamertino” (600 BC) - The oldest known prison can be traced to
the Ancient Rome’s series of dungeons. It was originally designed as reservoir for water.

2. Le Stinche Prison - built in the 1290s in Florence, Italy, housed male inmates separately from
female inmates, and also segregated inmates by age group, degree of sanity, and severity of
offense.

3. Chateau d’If (pronounced as shat-o-dead) 1524 - fortress that was built on the rocky islet of If, 2
miles off the French port of Marseilles. In 1580 it was taken into use as a state prison for those
convicted of serious political and religious crimes.

4. Bridewell Prison (1557) - the most popular workhouse in London which was built for the
employment and housing of English prisoners.

5. Maison de Force (1627) - a house of correction in Ghen, Belgium which separate adult from
juveniles and woman from men, an innovation to prison system during the 1600s.

6. Hospice of San Michele (1704) – an old included special facilities and programs for juvenile
offenders.

7. Walnut Street Jail (1776) – was originally constructed as a detention jail in Philadelphia was
converted into a state prison and became the first American Penitentiary.

8. Devil’s Island (Isle du Diable) 1852 - the most notorious prison in the world in terms of the
harshness of it regime and position. The island is situated in the Atlantic off the coast of French
Guiana (N.E coastline of S. America) and was in use from 1852 to 1946.

9. Alcatraz (The Rock) 1850 - the prison is located on an island in San Francisco Bay. It was built for
the military in the 1850’s and used by them, as a fort and a prison until 1933 when it passed to the
Department of Justice and became a civil prison until it was closed in 1963.

DEVELOPMENT OF MODERN PRISONS AND JAILS

The historical timeline on prison development is hereby presented below:

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1. 1700 - Early punishments included transportation, indentured servitude and economic sanctions,
public humiliation, pillory, stocks and ducking stools.

2. 1704 - The Hospice of San Michele (Rome), Maison de Force (Ghent Belgium) – Two very
famous prison were the hospice of san Michele and the Maison de Force Ghent, Belgium. Inmates
were whipped and had to adhere to the rule of silence. These prisons were considered to be ideals
models of the prison institution at the time.

3. 1726 – Reform (JOHN HOWARD) – John Howard was a Christian activist who fought for prison
reform. He inspected jails in order to ensure that prisoners received humane treatment.

4. 1770 – Gaols (early jails - England) - Gaols / Jails were very small with few inmates. These
institutions operated on a fee system.

5. 1787 – Philadelphia prison Society (Benjamin Rush) – with the help of Quakers, he worked to
improve conditions for prisoner housed in the “Walnut Street Jail” in Philadelphia.

6. 1790 – Inspection house (Panopticon) – Jeremy Bentham was founder of the British
utilitarianism movement which suggested that laws should be evaluated to ensure that they are
ethical and useful. He designed a model prison which was referred to as the “Panopticon”.

7. 1800 – Parole – Began at the end of the 1800s. When it was instituted, many prisoners were
already receiving clemency, pardons and early release for good behavior. Parole began with
reformation but spread to all prisoners.

8. 1813 - Elizabeth Gurney Fry – worked to improve conditions for women who were imprisoned.
9. 1822 – Eastern State Penitentiary – was built on the outskirts of Philadelphia. Prisoners were in
solitary confinement. This model was referred as an isolate system. The solitary confinement and
penance would lead to rehabilitation of prisoners. Prisoners were also given a work detail which
consisted of handicrafts.

10. 1825 – Auburn and Sing Sing Penitentiary (Mass Prisons) - a congregate system was used. A
rule of silence was enforced to keep the prisoners from corrupting one another. Strict control and
severed discipline was common. Whipping was common.

11. 1873 – The Indiana State Reformation (First Separate Prison For Women) - This was the first
separate female prison. Before instituting the first female prison, women were housed with men.
They also received the same punishment as men. For that reason, women were preyed upon by
both inmates and prison guards. In the early female prisons, women were often housed in
cottages. The conditions for women in state prisons remained the same. They were subject to
abuse and often required to endure long hours of hard labor.

12. 1876 – Reformatory (Elmira System) – this was a prison system designed to house young men.
It was believe that younger prisoners were capable of rehabilitation. An academic program was put
in place and athletics was encouraged. The silent system was not used. A rewards system was
used. Corporal punishment was used to control behavior.

13. 1878 – Probation (John Augustus) - was a humble shoemaker who advocated for fair treatment
of criminals. He housed offenders who were sentenced to prison. After helping them get back on
their feet, he would go to court with them. If their probationary program was satisfactory, the
original sentence was suspended. The actual legal statute for probation was passed first by
Massachusetts in 1878. Probation still exists today as a community based correction model.

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14. 1890 - The Industrial Prison - In an effort to meet the demands of the increasing prison
population, the industrial prisons emerged. These prisons had heightened security via high brick
walls and guard towers. Prisoners worked with steel, made cabinets and other goods to be sold on
the market.

15. 1899 - Juvenile Court - A special court for under age offender was established. This type of court
was informal and the goal was for young offenders to be rehabilitated. Vocational and academic
programs were encouraged. Judges were expected to avoid custody if possible.

16. 1945 - The Treatment Era - During this postwar boom, there was an interest to reform prisons.
After conducting research, it was determined that a ‘’medical model’’ should be used in the prison
system. Prisoners were considered ill and the cure would be rehabilitation through treatment.

17. 1967 - The Community Based Era (Deinstitutionalization) - A more Humanistic approach was
envisioned, the community base approach would help the inmate and it would help solve the
problem of overcrowding prisons. Inmates took part in half-way houses and job release programs.
Some were even allowed week end furloughs to visit family and loved ones.

18. 1980 - The ‘’Warehousing’’ Era - after many studies showed that efforts to rehabilitate criminals
mere failing miserably, it was evident that a new approach should be used. This led to the “nothing
works” doctrine. The new approach would be to simply put criminals away so they would be simply
put criminals away so they would no longer be a menace to society. This is when the term
“warehousing” began to surface. Prisoners were put away for determined periods of time without
the earlier frills of treatment and “coddling”.

19. 1995 - The “Just Deserts Era” - the “just deserts” doctrine goes back to the basic. Prisoners are
held responsible for their actions. There is no attempt to explain away their criminality. This plain
and simple approach emerged because of the embarrassing recidivism rate.

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.

THE PIONEERS

1. William Penn (1614-1718)


 He fought for religious freedom and individual rights.
 He is the first leader to prescribe 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 Montesquieu (Charles Louis Secondat, Baron de la Brede et de Montesquieu) - (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.

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3. Voltaire (Francois 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. He fought the legality-sanctioned practice of torture.

4. Cesare Bonesa, Marchese de Beccaria (1738-1794)


 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 (1748-1832)


 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.
 He was also the one who devise the ultimate PANOPTICAN PRISON – a prison that consists
of a large circular building containing multi cells around the periphery. It was never built.

6. John Howard (1726 – 1790)


 The sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform. After his
findings on English Prisons, he recommended the following:
a. single cells for sleeping
b. segregation of women
c. segregation of youth
d. provision of sanitation facilities
e. abolition of fee system by which jailers obtained money from prisoners

THE REFORMATORY MOVEMENT


Most of the prisons established between 1819 and 1870 were constructed on the basis of a
program espousing the punitive philosophy, the features of which includes mass treatment, enforced
silenced, idleness, regimented rules and severe punishments.

THE PIONEERS

1. Capt. Alexander Mocanochie – He is the Superintendent of the penal colony at Norfolk Island in
Australia (1840) who introduced a progressive humane system to substitute for corporal
punishment the “Mark System”. A system in which a prisoner is required to earn a number of
marks based on proper department, labor and study in order to entitle him for a ticket for leave or
conditional release which is similar to parole.

Maconochie introduced several other progressive measures, which aimed at rehabilitating


prisoners. He introduced fair disciplinary trials, built churches, distributed books, allowed plays to be
staged, and permitted prisoners to tend small gardens. For his progressive administration of prisoners,
Maconochie should be considered one of the fathers of modern penology. Maconochie is
considered the “Father of Parole System” since the “mark system” was the forerunner of the modern
practice of parole.

2. Manuel Montesimos – The Director of Prisons in Valencia Spain (1835) who divided the number
of prisoners into companies and appointed certain prisoners as petty officers in charge, which

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allowed good behavior to prepare the convict for gradual release. Academic classes of one hour a
day were given all inmates under 20 years of age.

3. Frederic – Auguste Demetz – established an agricultural colony for delinquent boys in 1839
providing housefathers as in charge of these boys. The system was based on re-education rather
than force. When discharge the boys were place under the supervision of a patron.

4. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal Institution
for young offenders. The Borstal Institution is considered as the best reform institution for young
offenders today.

5. Sir Walter Crofton – He is the Director of the Irish Prison in 1854 who introduced the Irish system
that was modified from the Mocanochie’s mark system called the progressive stage system.

The first stage of the Irish system was solitary confinement for nine months at a certain prison.
The prisoners at this stage were given reduced diet and allowed monotonous work. The prisoners
progress to a more interesting work, some education, and better treatment toward the end of the first
stage.

The second stage was an assignment to the public works at Spike Island. The prisoner
worked his promotion through a series of the grades, according to a mark system, and wore a badge
of distinction to show his status. The purpose of the mark system and the progression through grades
was to shorten the length of stay.

In the third stage the prisoner was sent to Lurk or Smithfield which was a sort of preparation
for release. Here, the prisoner without custodial supervision and was expose to ordinary temptations of
freedom.

The final stage was the release on supervision under conditions equivalent to present day
parole. The important then to remember in the Irish system is that Crofton attempted to place the
responsibility for self-improvement on the prisoner himself through successive stages.

6. Zebulon R. Brockway – The Director of the Elmira Reformatory in New York (1876) who
introduced certain innovational programs like the following:
a. training school type
b. compulsory education of prisoners
c. casework methods - extensive use of parole
d. indeterminate sentence
Brockway introduced in Elmira a new institutional program for boys from 16 to 30 years of age.
The new prisoner was classified as second grade and was promoted to first grade after six months of
good behavior. Another six months of good behavior in the first grade qualified him for parole.

If the prisoner committed a missed conduct he was demoted to third grade where he was
required to show good conduct for one month before he could be reclassified to second grade.

For his efforts, Brockway also got the fame as the Father of American parole system.

WHAT IS THE ELMIRA REFORMATORY?

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The Elmira Reformatory is considered forerunner of modern penology because it had all
the elements of a modern system. The Elmira system was based on the indeterminate sentence and
parole.

THE TWO RIVAL PRISON SYSTEM IN THE HISTORY OF CORRECTION


1. The Auburn Prison System (1819) – the prison system called the “Congregate System”. The
prisoners are confined in their own cells during the night and congregate work in shops during the
day. Complete silence was enforced.

2. The Pennsylvania Prison System (1829) – the prisons system called “Solitary System”.
Prisoners are confined in single cells day and night where they lived, they slept, and they ate and
receive religious instructions. Complete Silence was also enforced. They are required to read the
Bible.

States of the United States, which constructed their prisons, patterned them after the Auburn
prison system, while European countries adopted the Pennsylvania system.

GOLDEN AGE OF PENOLOGY

The period from 1870 to 1880 was called the “Golden Age of Penology” because of the
following significant events:

1. 1870 - the National Prison Association, now American Correctional Association, was organized
and its first annual Congress was held in Cincinati, Ohio. In this Congress the Association adopted
a “Declaration of Principles,” so modern, comprehensive in scope that when it was revised in the
prison Congress of 1933, few amendments were made. Since founding the Association has held
annual congresses of corrections in has taken active leadership in reform movements in the field of
crime prevention and treatment of offenders.

2. 1872 - the first International Prison Congress was held in London. Representative of the
government of the United States and European countries attended it. As a result of this congress,
the International Penal and Penitentiary Commission, an inter-governmental organization was
established in 1875 with head quarters at The Hague. The IPPC held international congresses
every five years. In 1950, the IPPC was dissolved in its functions were transferred to the Social
Defense Section of the United Nations.

3. The Elmira Reformatory - which was considered as the forerunner of modern penology, was
opened in Elmira, New York in 1876. The figures of Elmira were a training school type of
institutional program, social casework in the institution, and extensive of parole.

4. The first separate Institutions for Women were established in Indiana and Massachusetts.

DURATION OF PENALTIES

1. Death Penalty – Capital punishment


2. Reclusion Perpetua – life imprisonment, a term of 20-40 yrs imprisonment
3. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
4. Prision Mayor – 6 yrs and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1 day to 6 months

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7. Arresto Menor – 1 day to 30 days
8. Bond to Keep the Peace – discretionary on the part of the court.

THE MODERN PERIOD OF CORRECTION

Modern Penal Management incorporates general principles of treating offenders that are based
on humane practices such as the following:

1. Jail or Prison rules shall be applied impartially without discrimination on ground of race, color,
language, religion or other opinion, national or social origin, property, birth or other status.
2. The religious beliefs and moral precepts not contrary to law, which a prisoner holds, must be
respected.
3. Prison or Jail rules and regulations shall be applied with firmness but tempered with
understanding.
4. Custodial force shall, at all times, conduct themselves as good examples.
5. Abusive or indecent language to prisoners shall not be used.
6. Special care towards inmates shall be practiced preventing humiliation or degradation.
7. No use of force must be made by any of the custodial force, except in self-defense or attempt to
escape or in case of passive physical resistance to a lawful order.
8. Custodial force shall bear in mind that prisoners are sick people who need treatment.

THE TREATMENT PROGRAMS

A. The Institutionalized Treatment Programs

1. Prison Education – the cornerstone of rehabilitation. It is the process or result of formal training in
school or classrooms intended to shape the mind and attitude of prisoners towards good living
upon their release.
2. Work Programs – these are programs conducive to change behavior in morale by training
prisoners for a useful occupation. It is purposely to eliminate idleness on the part of prisoners,
which may contribute to “Prison stupor”, and it affects the incidence of Prison riot.
3. Religious Services in Prison - The purpose of this program is to change the attitudes of inmates
by inculcating religious values or belief.
4. Recreational Programs - The only program that is conducted during free time schedule.
5. Medical and Health Services - Medical and health services includes: Mental and physical
examination - Diagnosis and treatment – Immunization – Sanitary - inspections - Participation in
training.
6. Counseling and Casework

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CHAPTER 4

ORGANIZATIONS, PROCESSES AND PROGRAMS IN A CORRECTIONAL


SYSTEM

The organization structure of a prison depends on the objectives of the agency. Prisons are no
longer places for retributive punishment of the offender but for his rehabilitation. The best
organizational structure of a prison therefore, is one which serves to carry out the program of
rehabilitation.
The successful administration of a prison depends largely on the personality and leadership of
the warden or director. It is therefore important that he should be a man of unusual capacity, not only
in the general field of administration but also in the more specialized aspects of correctional
administration. He should also have a minimum of 5 years of experience in a subordinate position of
responsibility in a similar organization.

5 IMPORTANT RESPONSIBILITIES OF THE HEAD OF A CORRECTIONAL INSTITUTION

1. Decision making – The superintendent or warden limits his role to considering policy matters and
major problems. He delegates with confidence, to well trained subordinate executives, sufficient
authority for management of daily operations in line with established policy.

2. Control prison operations and activities – It has always been important to insure that the
program and policy are carried out and avoid mismanagement by incompetent personnel or by
individual or group of inmates getting into positions of power. The warden depends more on sound
organization planning, written manual policies and procedures, and an effective communications
system than controlling operations by constant personnel inspection of all areas and frequent
contact with all personnel and a large number of inmates.

3. Public Relation – the superintendent or warden should provide leadership to involve all personnel
in a program aimed at gaining public understanding, goodwill and community acceptance.

4. Personnel Program – It is the superintendent or warden’s responsibility to provide leadership and


assign responsibility for recruitment, selection, training and supervision of personnel.

5. Executive Leadership – must be constantly demonstrated by the administrative head. He must


offer leadership and motivation to his staff in his personal drive, knowledge and sincerity of
purpose and must tie together all programs or discipline in cementing a meaningful administrative
course.

TYPICAL ORGANIZATIONAL STRUCTURE

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The organizational structure should be based on principles of sound management. The number
of division heads responsible and reporting to the warden should be small. This injunction should also
apply to lower levels in the organizational structure.

TYPICAL PRISON OR CORRECTIONAL INSTITUTION DISTINCT SUBDIVISIONS

ADMINISTRATIVE DIVISION

It is charge with the function of personnel including the recruitment and training of personnel. It
is also responsible for the procurement of supplies and materials, plant maintenance and other
administrative services of the institution.

CUSTODIAL DIVISION
It takes charge of all matters pertaining to the custody of prisoners and security of the
institution. This unit is headed by an assistant warden or assistant superintendent. The custodial group
constitutes the bigger number of the personnel in a maximum or medium security prison. There are
five or six levels of rank in the custodial force.
THE PHYSICAL PLANT
The study of the structural designs of prisons since the first prison was established reveals the
physical plants of institutions have changed in accordance with the changing philosophy of penal work.
The early prisons were constructed as strong and as escape proof as could be suit the purpose of
imprisonment which was then penitence. Modern trends of correctional administration encourage the
use of open institutions in line with the present concept of rehabilitation as the objective of the
correctional system.
The physical plant of big prisons in the past has always handicapped the rehabilitation work of
the administrators. The fundamental characteristics of prison architecture lag far behind from the
progress that correctional ideals and techniques have developed. The goals of correctional work can far
be realized, not until the physical plant of correctional institutions brought into basic harmony with the
assumptions and requirements of the philosophy of rehabilitation. The design of an institution can and
does affect the operational prison atmosphere.

THE DIVERSIFIED STATE SYSTEM AND THE SINGLE INSTITUTION

Diversification Process – Effective diversification of institution within the correctional system


is based upon some system of classification as follows:

a. Diversification by age – It is generally accepted practice that boys and girls under the age of 18
should be segregated from the older group.

CORRECTIONAL ADMINISTRATION | 25
b. Diversification by sex – There is a general agreement on the principle that women prisoners
should be kept in special buildings located on the same site with the men’s prison, in some cases,
on top floor the administration building and similar unsatisfactory arrangement.

c. Diversification by Degree of custody – Correctional institutions are mostly diversified on the


basis of degree of custody, among which are the following:

 Super Security Facility – A small portion of any prison population consists of incorrigibles,
recidivists, escape artists and chronic troublemakers. This category of prisoners should be
confined in a unit or institution separate from the general population. Ideally, they should be
confined in a super maximum type of prison, if such facility is available, where escape is quite
impossible.

 Maximum Security Institution – this type of institution is characterized by a thick wall of all
enclosures, 18 – 25 feet high. On top of the walls are catwalks along which the guards patrol at
night. At corners and strategic places are tower posts manned by heavily armed guards. The
housing units within the walls are the interior cell block type. Inmates confined in these type of
institutions are not allowed to work outside the institutions but are assigned to industrial shops
within the prison compound.

 Medium Security Institution – This type of institution is usually enclosed by two layers of wire
fence. The inner fence is 12 – 14 high with curb and the outer fence is 8 – 12 feet high. The two
fence are from 18 – 20 feet apart. Usually the top portion of the fence is provided with a barbed
wire. The perimeter fence requires a minimum number of personnel to guard it. The housing units
consist of outer single cells, rooms and dormitories. The inmates may be allowed to work outside
the fence under guard escorts.

 Minimum Security Institution – This type of institution is usually without a fence, and if there is
one, its purpose is to keep away the civilian population from entering the institution rather than
preventing escapes. There are no bars or keys to dormitories or armed guards within the
institution. The housing units are composed of dormitories requiring little or no supervision by
correctional workers.

 Special Security Facility – About two percent of an unselected prison population will consists of
incorrigibles, intractable and dangerous persons who are difficult to manage that they are a source
of constant disturbance and difficulty even in the typical maximum security institution. They are so
few in number that even in big prison system it is not feasible to put up a special institution for
them. The need for heavy custodial restraints in a maximum custody prison, calls for a large
employee – inmate ratio. The smallness of the institution makes operating costs prohibitive. The
normal practical solution is to build a special security facility within the confines of the maximum
institution. The facility within the larger institution should be located and constructed in such a way
that any general disturbance within the building will not tend to excite or inflame the general
population.

INMATES AND PROGRAM RELATIONSHIP

Generally, prison administrators have attempted to fit a program as best they can do into an
existing facility, and for tailoring the program to these facilities. Careful analysis of the types of inmates
and the appropriate program for each type should be considered. The plan should consider the
following:
a. Selection of the site
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b. Size of the institution
c. Custodial characteristics of the institution
d. Segregation

CLASSIFICATION PROCESS

Classification is a method by which diagnosis, treatment, planning and execution of treatment


program are coordinated in the individual case. It is where the rehabilitation program of the prisoner is
carried out.
The objectives of classification are development of an integrated and realistic programs of the
prisoners arrive at, through the coordination of diagnosis, planning and treatment activities; and an
informed continuity of these activities from arrival to release of the prisoners.
The first two phases of the classification process namely: diagnosis and treatment planning
takes place in the reception center, which is a special unit separate from the prison or in the
classification clinic of the prison.
The third phase which is the execution of the treatment program takes place in the operating
institution or prison.

THE RECEPTION DIAGNOSTIC CENTER

Prisoners must undergo a diagnostic examination, study and observation for the purpose of
determining the program of treatment and training best’ suited to their needs and the institution to
which they should be transferred. These processes take place in the Reception and Diagnostic Center
within the first 60 days of their commitment to prison.
It is composed of the following staff members:
1. The Psychiatrist – responsible in the examination of the prisoner’s mental and emotional make-
up.
2. The Psychologist – responsible to conduct study on the character and behavior of the prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes in order to change inmates’ attitude
towards education and recommends educational program for the prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest and skills and
recommends for the vocational course best suited to the prisoner.
6. The Chaplain – encourage the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends medical treatment of
prisoners.
8. Custodial - Correctional Officer – recommends the transfer and type of custody of inmates.

ADMISSION PROCEDURES IN CORRECTIONAL FACILITIES

1. Receiving – the new prisoner is received at the RDC. The new prisoner usually comes from a
provincial or city jail where he was immediately committed upon conviction by the court, and
escorted by the escort platoon during his transfer to the National Prison.

CORRECTIONAL ADMINISTRATION | 27
2. Checking of commitment papers – the receiving officer checks the commitment papers if they
are in order. That is, if they contain the signature of the judge or the signature of the clerk of court,
and the seal of the court.

3. Identification – the prisoner’s identity is established through the picture and fingerprint appearing
in the commitment order. This is to insure that the person being committed is the same as the
person being named in the commitment order.
4. Searching – this step involves the frisking of the prisoner and searching his personal things.
Weapons and other items classified as contraband are confiscated and deposited to the property
custodian. Other properties are deposited with the trust fund officer under recording and receipts.

5. Issuance of clothes and equipment – From the receiving office, the new prisoner goes to the
supply room where he receives his prison uniform, mosquito net and beddings.

6. Assignment to quarters – After the prisoner is issued his clothing’s and beddings, he is brief and
oriented with prison rules.

7. Briefing and orientation – the prisoner will be brief and oriented on the rules and regulations of
the prison before he will be assigned to the RDC or the quarantine unit. The quarantine may be a
unit of the prison or a section of the Reception Center.

THE QUARANTINE UNIT

The new prisoner spends from 7 to days in the quarantine unit. During this period, he is given
thorough physical examination including blood test, X-rays and vaccinations.

One purpose of the quarantine is to ensure that the prisoner is not suffering from any
contagious diseases. The results of the examination are submitted to the Chief of the Center in written
form. The report forms part of the diagnostic record of the prisoner.

THE ORIENTATION PROCEDURES

The initial contacts of the prisoners with the Center are very meaningful. The first impressions
received by him may affect his entire institutional adjustment.
The orientation of the prisoners takes place within the first few days in the Center. It consists of
giving them a booklet of rules and regulations and explaining the rules to them; conducting group
meetings of Center inmates to explain the purposes of the treatment programs; holding sessions with
the Chief and individual members of the Center staff to explain the basic purpose of the center and
what the inmates should do in order to profit from their experiences.

THE TESTING PROGRAMS

In order that-each staff member can profit from psychological test results, group testing of
inmates should be scheduled one or - two weeks after arrival. Psychiatric - examinations should also be
given early during the stay of the inmate because the psychiatric analysis of the personality of the
inmate is very valuable to the rest of the staff.

PROGRAM ACTIVITIES

CORRECTIONAL ADMINISTRATION | 28
After undergoing quarantine and orientation, the inmate is ready to go into a regularly
scheduled program which will continue until his last day in the Center. Some of these activities are as
follows:
1. Educational Program — the inmate attends literacy and citizenship classes and group therapy
sessions. The objectives of the educational classes in the Center are to determine the educational
possibilities of the inmate which may be pursued or encouraged in prison, and to encourage,
through group sessions, the individual to talk out his problems, to lend him to recognize desirable
goals and ways of attaining them.

2. Vocational Program — the inmate is given on-the-job training and observation to determine his
vocational interests and abilities and to determine his attitude toward work.

3. Physical Training and Recreation — this program is aimed at building the morale as well as
helping maintains the well being of the prisoners. Also, it affords an opportunity for supervisors to
observe how the inmate reacts to various situations /which are very revealing of the personality of
the prisoner.

4. Staff Interviews — it is desirable that all members of the staff interview every inmate on whom they
are required to render a report. Each staff member should plan his interviews so that his questions
are pointed toward securing the information which will help him analyze the phase of the study for
which he is responsible. Each report should give indication of the staff member's impression of the
personality of the inmates.

THE STAFF CONFERENCE

When the prisoner is through with all tests, interviews and examinations, he is ready "for the staff
conference, sometimes called "guidance conference” or "case conference". The inmate appears
before the Center's staff in conference to plan out with: him his - tentative program of treatment and
training.
Every member of the staff gives an oral summary of his findings and his recommendation on
what to do with the prisoner pertaining to his field. For example, the vocational counselor informs the
body of what vocational tests given him, and the counselor's recommendation on what job training is
appropriate for the prisoner to learn in prison. After every staff has - given his report the body votes on
what - program of activities the prisoner should undergo, including institutional training, recreational pro-
gram, religious program-medical and psychiatric services and social service.

THE ADMISSION SUMMARY

The written reports submitted by the staff, of the center regarding their findings on the prisoners
are compiled, and form the admission summary: The admission summary becomes the, nucleus of
the cumulative case history of the prisoner. The admission summary consists of the following:
1. An account of the legal aspects of the case. In addition to citations from the summaries of the
reports, of law enforcement, judicial, and other officials, this may contain an explanation by the
inmate of how he got into trouble;

CORRECTIONAL ADMINISTRATION | 29
2. A summary of the man's earlier criminal history. If he has previously been in a juvenile or an adult
correctional institution, reports from these places contain information regarding his program therein
and related facts about his attitudes and behavior;
3. Social history, or the man's biography as a person, based upon the probation report or field
investigation, staff interviews, tests, examinations, and other staff observations. This may also be
provided or amplified by his family or friends, former employers, and others who may assist through
interviews or answers to questionnaires;
4. Physical condition;
5. Vocational interests, competence and experience;
6. Educational status;
7. Religious background and interest;
8. Recreational interest;
9. Psychological characteristics evaluated by the psychiatrist and the psychologist;
10. Behavior in the Reception Center, reported by the custodial staff;
11. Initial reaction to group psychotherapy or group counseling or other forms of treatment.

From the above interview and counseling situations, data are obtained from the inmate's
standpoint, that is, the man's own story, as well as from other persons. The admission summary
becomes a practical document when the final page is devoted to a listing of recommendations in the
above areas of diagnostic study for the inmate's institutional and parole program.
Most correctional systems have found it advisable to prepare a master stencil of the admission
summary from which additional copies may be made through a duplicating process. Copies are required
not only for the classification committee but also after the reception period for the central office of the
prison system, and still later for the parole agency. Requests for copies of the case history may also
come from other institutions or appropriate community agencies.
Usually the cover page of the admission summary contains the summary of recommendations of
the Center in the above eleven areas of diagnostic study for the inmate's institutional and parole
program.
The admission summary is prepared in at least three copies, and distributed as follows:
1. One copy goes with the prisoner whichever prison he is confined;
2. One copy goes to the Central record system of the Bureau; and
3. One copy remains with the Reception and Diagnostic Center.

The admission summary is used by the Classification committee as guide in carrying out the
rehabilitation program of the prisoner in the operating institution; and by the parole office as guide in
parole program planning and parole supervision.

TRANSFER OUT OF THE CENTER

When the admission summary is completed, it is forwarded to the Director of Prisons for
approval of the tentative program prepared for the prisoner, after which the prisoner is then transferred
to the operating institution.

INTERPRETATION TO THE PRISONER

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Just prior to transfer the inmates should be interviewed, either individually or in groups. This
interview should make clear to the individual some of the reasons why he is being transferred to a
particular institution and what will be expected to him there.

The essential findings of the center, as well as the recommendations made for his program,
should be interpreted to the inmate. He should, however, be made to realize that there may have to be
some changes in his program. For example, occasionally his assignment to an activity in which he is in-
terested may have to be postponed owing to lack of facilities in the institution.

The final interview is much more effective when it is done on an individual basis. In spite of the
time required, this should, if possible, be done. Through the individual interview, the man may get a
much clearer picture of what the reception center has found out in his case and be helped to recognize
his own responsibility for making a satisfactory adjustment in preparation for release. In some
correctional systems, the interview with the individual to discuss the findings of the reception center in
his case is carried out at the time of initial classification in the transfer institution.

THE OPERATING INSTITUTION

The prisoner is transferred from the Reception and Diagnostic Center to the operating institution
with a tentative plan of treatment already prepared. The treatment plan is contained in the Admission
Summary which is sent to the Classification and Treatment Division of the prison for implementation.

On his arrival in the operating institution, the prisoner goes to the General Service or Orientation
Unit where he is temporarily quartered pending his permanent residence assignment by the Clas-
sification Board. The stay of the prisoner in the general service unit is a sort of orientation period for
him. He is given lectures on the rules and regulations; and he is assigned to different work projects to
afford him various experiences which will guide him in the choice of a permanent vocational program.

THE CLASSIFICATION COMMITTEE

Every prison or correctional institution has a classification committee which carries out the
treatment and training plan of the prisoner. The committee is composed of the following:
1. The Warden or Superintendent – Chairman
2. Deputy Warden for Custody - Asst. Chairman
3. Deputy Warden for Classification and Treatment – Member
4. Production Manager – Member
5. Chief, Medical Services – Member
6. Chaplain – Member
7. Psychologists or Psychiatrist – Member

The personnel of the Classification Committee, as may be noted above, are the division heads
and specialists who are primarily concerned with diagnosis, training, treatment and custody of inmates.
THE ADMISSION CLASSIFICATION MEETING

The purpose of the admission classification, sometimes called initial classification meeting
is to plan a program for and with the inmate, which will be realistically directed toward his rehabilitation.
The admission classification meeting takes place shortly after the inmate's transfer to the institution from
the Reception Center. A member of the Committee, usually the caseworker summarizes the diagnostic

CORRECTIONAL ADMINISTRATION | 31
material, which is the Admission Summary, prepared by the Reception Center, and presents the
important factors to be considered in program planning.
Usually the prisoner appears before the Committee so he can be available for interview and
consultation regarding major decisions to be made by the Classification Committee on his assignments.
The Committee decisions cover, all-important phases of the inmates’ life in the institution. The principal
decisions are as follows:
1. Custody classification - this usually determines the type of supervision and the type of restriction
under which an inmate live
2. Housing - inside or outside cell, squad room, or dormitory
3. Transfer - does the prisoner properly belong to this institution or is there another institution in the
system where he would be suitably confined?
4. Medical and Psychiatric treatment
5. Occupational or vocational training assignment
6. General education program
7. Casework and social services
8. Religious and recreational recommendations

The Classification Committee considers and reaches at least tentative agreements on the profile
and traits of the prisoner with which institutional personnel who are to supervise him should be
familiarized. A summary of this information and suggestion and precautions as to his supervisions is
often furnished the personnel who will be in regular contact with him on the job, in quarters, in the
recreation program, school, or in other areas of institutional life.

RECLASSIFICATION

The prisoner appears before the Classification Committee periodically after his initial
classification to keep current his treatment and training program. Human personality and behavior are
constantly changing and it is essential that the inmate's program be correspondingly adjusted in
accordance with his changing needs.
The Classification committee, through constant reclassification of the prisoner, attempts to
maintain continuity and integration of the various institutional services. Reclassification is necessary to
assure that individual needs are not overlooked, and it must continue from the time of admission
classification until the inmate is released.

THE CUMULATIVE CASE SUMMARY


In pursuing the individualized or casework method of carrying out the treatment program of the
prisoners, it is essential that a cumulative summary be maintained for each individual. The inmate's
cumulative summary starts from the admission report and submitted by department heads of the
prisoner's adjustment to his assignments. Every significant change of status or program concerning the
prisoner is entered in the cumulative case summary. This record serves as the basis for determining the
prisoner's fitness for release on parole.

CLASSIFICATION PROCEDURES

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1. Prior to Parole or Release - When the prisoner has already served the minimum or a considerable
portion of his sentence and that his records show successful adjustment to his treatment program,
he is scheduled to appear before the classification committee for pre-parole interview.

The purpose of this meeting is to enable the Committee to evaluate the inmate's readiness for
parole and to plan out with him his program on parole. It may turn out that the inmate at this time is not
yet ready for parole, in which case the Board sets another date for the next pre-parole interview.
If the inmate's case is favorable, the committee then prepares the pre-parole report and
recommends him to the Board of Pardons & Parole for release on parole. The pre-parole report is
sometimes called the pre-releases progress report. This report outlines the treatment program of the
parolee.
Certain rather specific suggestions may be made in regard to the inmate's remaining weeks or
months in the prison. Special emphasis will be given on his program thereafter when he ; leaves the
institution on parole.

2. The Pre-Release treatment - is defined as the program specifically planned to prepare the
offender, during a limited period prior to his release on parole. Pre-release treatment deals
specifically with the transition from artificial, regimented group life to normal, independent life of the
free individual and with the problems which this transition entails.

The end of the prison term should not only be in sight but rather close at hand before such
treatment begins, otherwise, the psychological stress of prolonged expectation would defeat the
purpose of the pre-release treatment. The very realization that he is soon to be released may restore a
greater measure of hope the prisoner than he has had since he was sentenced, particularly if he has
been deprived of liberty for a long time.

Some of the special pre-release programs now used in various countries include:
1. Special information sessions on matters which will be important to the prisoner on his return to the
community, such as parole conditions and employment opportunities.
2. Granting a greater freedom inside the institution which may take the form of letting the offender wear
his own civilian clothes: lodging him in a separate quarters of the prison, possibly in a room of his
own; and giving him an opportunity to determine his leisure activities and communicate more freely
with the outside world; and generally subjecting him to less supervision.
3. Group and individual counseling which may assist him in orienting himself and alleviating his
worries;
4. Transfer from a closed to an open institution or to a pre-release camp which, by providing a
minimum degree of supervision, enables the prisoner to realize the trust placed in him and to live
under conditions which are considerably closer to normal life:
5. Pre-release leaves for a few hours a day or even several days to obtain necessary documents; to
find living quarters; to be interviewed by potential employers; to visit family; and for any other
purpose which may be reasonably considered valuable for the future re-adaptation of the prisoner.
6. Leave for work, which allows the offender to be employed in the

CORRECTIONAL ADMINISTRATION | 33
CHAPTER 5

THE CORRECTIONAL TREATMENT PROGRAMS

GOALS OF THE TREATMENT PROGRAMS

1. Institutional programs consisted mainly of custody and some work. As the philosophy concerning
causes of crime changed, the corresponding concepts and objectives of institutional programs also
changed. Modern thinking indicates that the prison today should be geared to protect society, and
also, to rehabilitate the offender.
This is long-range rehabilitation because if we succeed we will be sending the offender back to
the community as useful, law-abiding citizens for the rest osssssf his life. It is therefore, the
responsibility of the institution, in rehabilitating the offender, to constantly strive to change and improve
the prisoner's attitude. To rehabilitate the prisoner mainly by changing attitudes is the main goal of the
treatment program.

2. Treatment services - are geared toward improving an offender's attitudes and philosophy in life.
We use education very basically and very widely as a rehabilitation cornerstone. Various types of
education whether they are academic, vocational or commercial, play very important roles in the
formation of attitudes and character. We use religious services and counseling in prison for the very
same reason.

Recreation and leisure time programs are very instrumental also in the treatment process, as
they contribute to good physical and mental health and in many ways are connected with the teaching
process. Work is still a main treatment tool and should be considered as an integral part of any
treatment program. Other services such as medical care, individual and group counseling as well as

CORRECTIONAL ADMINISTRATION | 34
visits and correspondence, are parts of treatment and each, in its own way, contributes to the over-all
treatment process.

The entire process needs individualization whenever and wherever possible. Individualized
treatment, in turn, depends upon a sound workable classification system. Without treatment, we would
only be containing people and protecting society for a short period of time, but with treatment, the
proper type for each person’s attitudes are being changed daily and men restored to society.

The United Nations "Standard Minimum Rules for the Treatment of Prisoners provide:
"The treatment of persons sentenced to imprisonment or a similar measure shall have as its
purpose so far as the length of the sentence permits, to establish in them the will to lead law-abiding
and self-supporting lives after their release and to fit them to do so. The treatment shall be such as will
encourage their self-respect and develop their sense of responsibility.
"To these ends, all appropriate means shall be used, including religious care, in the countries
where this is possible, education, vocational guidance and training, social casework, employment
counseling, physical development and strengthening of moral character, in accordance with the
individual needs of each prisoner, taking account of his social and criminal history, his physical and
mental capacities and aptitudes, hi personal temperament, the length of his sentence and his prospects
after release.
“For every prisoner with a sentence of suitable length, the director shall receive, as soon as
possible after his admission, full reports on all the matters referred to in the foregoing paragraph. Such
reports shall always include report by a medical officer, regarding the physical and mental condition of
the prisoner.
"The reports and other relevant documents shall be placed in an individual file. This file shall be
kept up to date and classified in such a way that it can be consulted by the responsible personnel
whenever the need arises."

EMPLOYMENT OF PRISONERS

Prison labor was originally intended to be punitive. It was imposed on the offender as a penalty
to be suffered by him in addition to imprisonment. Thus, the early forms of prison labor were 'not
constructive. Such work as carrying stones from one corner of the yard to the other, and digging a big
well and filling it up again, were commonly employed to punish prisoners. Later, prison labor was
intended to reduce the cost of maintenance of the institution.
The Pennsylvania system, with its solitary confinement arid handicraft inside the cells, and the
Auburn ' system' with its congregate shops, brought about a realization that prisoners should work for
profit.
The Auburn system triumphed over the Pennsylvania system because the former proved that
prisoners could be more profitably employed in congregate shops than in solitary confinement.
In the United States there emerged six systems of prison labor, aside from agriculture. Of the
six, three were public labor systems and three were private labor systems. In the public labor system
the state retained the control of the maintenance and discipline of prisoners, the employment of

CORRECTIONAL ADMINISTRATION | 35
prisoners and the sale of the products. In the private system, however, private interests controlled at
least one of them.

THE SIX SYSTEMS OF PRISON LABOR

1. Lease System - The state turns the prisoners over to a private lease. The latter feeds clothes,
guards, and houses and disciplines the prisoners. This system prevailed in the southern states of
the United States. These systems no longer exist.

2. Contract System - The state, under this system, retains control of the prisoner and the contractor
merely engages with the state for the labor of the inmates, which is performed within or near the
prison. The contractor supplies the raw material and supervises the work and pays the institution the
stipulated amount for the services of the prisoners. This system no longer exists too.

3. Price-Piece System - Under this system the contractor supplies the raw materials and pays the
state a determined amount for the work done on each article produced. The institution retains
control of the inmates including the daily quantity of work required. This system has also been
abolished.

4. Public Account System - In the Public Account System, the state buys the raw material,
manufactures and sells the products and assumes all the risks of conducting a manufacturing
business. Today, prison-made products cannot be sold in the open market.

5. State-Use System - Under this system, the state conducts the manufacture of the article but the
use of the article is limited to state owned institutions. The principle of the system is that the state
produces articles or merchandise for its own consumption alone and in the process, affords the
prisoner opportunities to train for a vocation.

6. Public Works and Ways System — Prison labor is used in the construction and repair of public
buildings, roads, bridges, flood control, reforestation, clearing land, preventing soil erosion, etc. The
system does not involve the application of prison labor to the production of consumption goods.

Today, there is a general acceptance of the principle that prisoners should work. The work
program of the institution develops the morale and maintains discipline among the prisoners. They
contribute to effective security of the institution and its population for they are particularly useful in
reducing tensions and misconduct. The remark made by a prison warden several years ago that
“idleness is the workshop of the devil" still holds true.
A work program that is wisely planned and competently administered minimizes the danger of
disturbances and risks that threaten life and property. In view of these facts, it is difficult to understand
why those who are concerned with the problem of running prisons are not vitally concerned with the
problem of idleness and some ways of overcoming it

The employment of prisoner has other values. Inmates who work contribute to their own support
and it hereby reduces the tax burden on the free citizens who are required to bear the expense of

CORRECTIONAL ADMINISTRATION | 36
maintaining penal institutions. Work not only lessens the boredom of intuitional life; but also is; a means
whereby many inmates maintain or regain, their self-respect.
Penologists and prison administrators believe that the principal value of employment is in the
opportunities it provides for developing and reviving skills and work habits, which are instrumental in the
rehabilitation of inmates and in then-successful occupational adjustment in free society. Greater
emphasis should therefore be given on the necessity for developing diversified types of work activity,
particularly vocational and on-the-job training.
The employment program, in order that it is genuinely constructive, must be planned and
conducted as an integral part of the institution's total treatment program. It must be operated in close
and continuing liaison with the other integral phases of the correctional process. Reasonable incentive
in time credits and a wage should be provided in order to encourage the prisoners to derive the benefits
from participation in the employment program.

5 GENERAL GROUPS EMPLOYMENT ASSIGNMENTS OF PRISONERS

1. Unassignable or available for limited employment only - such as the new arrivals in quarantine;
prisoners who are nearly ready to leave the institution, either on parole or at expiration of sentence
and have been taken off their jobs so that they can participate in the institution's pre-release
program; prisoners awaiting transfer to other institutions; prisoners who are in disciplinary status or
are segregated for other reasons: and hospital patients and that portion of the prison population
which may well be designated "unemployable", including chronically ill and infirm prisoners, and also
those inmates with mental or emotional disabilities.

2. Educational assignments - including general education, vocational training physical education.

3. Maintenance assignments - involving the use of-labor in activities relating to the care of prisoners
and upkeep of the institution properties.

4. Agricultural activities - planned to supply as much of the food requirements of the prison as
possible while furnishing training and employment to inmates adapted to this type of work.

5. Industrial employment - necessary for those who cannot be absorbed to the preceding forms of
activities, which will benefit through industries, can contribute towards a reduction in the cost
operating the institution of the state.

UNITED NATIONS STANDARDS ON PRISONERS EMPLOYMENT

The following are provisions of the Standard Minimum Rules for the Treatment of Prisoners and
Related Recommendation on Employment of Prisoners:
"Prison Labor must not be of an afflictive nature. All prisoners under sentence shall be required
to work, subject to then physical and mental fitness as determined by the medical, officer, sufficient
work of a useful nature shall be provided to keep prisoners actively employed for a normal working day,
so far as possible the work provided shall be such as will maintain or increase the prisoners' ability to
earn an honest living after release, within the limits compatible with proper vocational selection and with
the requirements of; institutional administration and discipline, the prisoners shall be able to choose the
type of work they wish to perform."

CORRECTIONAL ADMINISTRATION | 37
"The organization and methods of work at the institutions shall resemble as closely as possible
those of similar work outside institution, so as to prepare prisoners for the conditions of normal
occupational life; The interests of the prisoners and of their vocational training 'however, must not be
subordinated to the purpose of making a financial profit from an industry in the institution.”

"Preferably institutional industries and farms should be operated directly by the administration
and not by private contractors; where prisoners are employed in work not controlled by the adminis-
tration, they shall always be under the supervision of the institution's personnel. Unless the work is for
other departments of the government the full normal wage for work shall be paid to the administration
by the persons to whom the labor is supplied, account being taken of the output of the prisoners.”
"The precautions laid down to protect the safety and health of free workmen shall be equally
observed in institutions; provision shall be made to indemnify prisoners against industrial injury,
including occupational diseases, on terms not less favorable than those extended by law to free
workmen.”
"The maximum daily and weekly working hours of the prisoners shall be fixed by law or by
administrative regulations, taking into account local rules or custom in regard to the employment of free
workmen; the hours so fixed shall leave one rest day a week and sufficient time for education and other
activities required as part of the treatment and rehabilitation of the prisoners.”
"There shall be a system of equitable remuneration of the work of prisoners; under the system
prisoners shall be allowed to spend at least a part of their earnings on approved articles for their own
use and to send a part of their earnings to their family; the system should also provide that a part of the
earnings should be set aside by the administration so as to constitute a savings fund to be handed over
to the prisoner on his release."

RELIGIOUS SERVICES

The importance of the religious programs in prison cannot be over-estimated. Some penal
administrators hold the view that the chaplain is the most important person in the rehabilitative set-up, of
a correctional institution. It is the chaplain who points to the prisoners their relationship to God and their
fellowmen, and who by work and example, leads them most effectively toward complete rehabilitation.
Men and nations have found that they cannot live without the guiding, sustaining and inspiring power of
religion. If this is true of people in normal society, it is doubly true of men who are confined in
correctional institutions.

FUNCTIONS OF THE CHAPLAIN IN A PRISON

1. Conduct of sacramental ministry — this includes the religious services conducted regularly and
the special services connected with the administration of baptism, confession, communion, etc.
Religious worship is a central and indispensable part of all great religions with the primary
functions of keeping man in proper relationship’ with God arid guaranteeing peace’ of soul and
happiness. In prisons and jails, it has an important secondary function because of the beauty and
dignity it introduces into the lives of prisoners, being amid surroundings of drabness and monotony.
2. Conduct religious instructions - This includes preaching in the pulpit, classes in the fundamentals
of religion, in the bible and the fundamental truths of the various denominations. Choir organization

CORRECTIONAL ADMINISTRATION | 38
and training and advanced religious training for special groups are important phases of the
chaplain's work with the prisoners.

3. Conduct of a private and personal counseling ministry — this includes interviews in his own,
and visiting the men in the hospital, psychiatric ward, punishment cells, etc. It is in private
counseling that the chaplain tries to inculcate the great lessons, which will lead to repentance, and
the change of heart so necessary for rehabilitation.

It is a known fact that a chaplain of whatever denomination enjoys the confidence of prisoners in
a degree possessed by no official of the institution. The chaplain tries to use this confidence to promote
the best interest of the individual and of the institution.

4. Ministry to inmate’s families and related or concerned persons – many of the tensions in a
prison come from worry on the part of prisoners that they are being forgotten by persons on the
outside. A large portion of the chaplain’s time will be taken up with these problems.
It is almost impossible for a man who is intensely occupied and emotionally concerned with
friends and relatives on the outside, or who is neglected by them, to consider his own character
adequately and to take steps to improve it. The chaplain’s concern for the character development of the
men in his charge will inevitably lead him to reduce these outside obstacles to the minimum.

5. Ministerial service to the staff and the operational personnel – just as the prison chaplain
strives to act as a pastor, guide and counselor to the inmates, he will willingly and conscientiously
fulfill the same office towards those who work with him in the institution.

6. Interpretation ministry to the community – the chaplain is position to perform an interpretative


ministry to the community. Religious organizations brought about the first reforms. By their efforts,
prisons were changed from places of torture to places of rehabilitation and reformation. It is a
definite part of a chaplain’s duty to explain the purposes of modern correctional administration to the
community at large in order to enlist their whole-hearted cooperation in the objectives of present-day
correctional procedures.

ADMINISTRATIVE RESPONSIBILITIES OF THE CHAPLAIN

Aside from the pastoral functions of the chaplain, he performs certain administrative jobs. As a
member of the diagnostic staff of the institution, the chaplain conducts initial religious interviews with
written evaluation of every prisoner. He is an indispensable member of the classification committee. It is
not desirable that the chaplain be a member of the disciplinary board.
It has been found helpful in many cases for the chaplain to submit in writing to the parole board
his evaluation of the individual members of his congregation. The report will bear mainly on the
prisoner’s activities in his religious program, but there is no reason why he should not call attention to
other factors such as change of attitude and improved institutional adjustment generally.
Another important work of the chaplain is the ministration of the sick. He should make
arrangements with the chief of the hospital to be notified immediately if one of his patients is laced on
the critical list. Frequent visits to the hospital will keep him in touch with men who need his assistance.

THE EDUCATIONAL PROGRAMS

CORRECTIONAL ADMINISTRATION | 39
The educational program of a correctional institution is one of the most important phases of the
treatment and training of prisoners. There is no common plan of education for all institutions. In a
reformatory type of institution, where education is primarily compulsory, the paramount emphasis is on
vocation training. In institutions for young offenders there is need for academic education at all grade
levels.
A sound correctional education program, irrespective of a type of penal institution, should
attempt to achieve the following goals:
1. To offer an inmate sufficient academic education to enable him to face the need of the world as a
better equipped person;
2. To provide vocational training so that he might take his proper place in society and be economically
free; and
3. To offer cultural and hobby activities that will enable him not only to be better adjusted to his prison
circumstances but to broaden his area of interests and cultivate aptitudes looking forward to his
return to civilian life.

GENERAL AND ACADEMIC EDUCATION

In the Philippines about 60 % of men committed to prison are functionally illiterate, that is, they
test below the 5th grade on standardized achievement tests. In United States prisons, the rate of
illiterates is 10%. The eradication of illiteracy among prisoners is one of the best contributions that the
correctional system can offer to society. Tangible results are most easily seen in this area although it is
one of the most difficult problems confronting educators.

For lack of appropriation to employ civilian teachers, inmates are usually hired to teach in prison
schools. It is as well desirable as in public schools that fully qualified teachers in primary grades in
prison should be hired. Every illiterate should attend literacy classes until he becomes literate
The intermediate level, which includes the fifth and sixth grades, composes about 25% of prison
admission. The educational needs for this level will attempt to provide a better command of the tools for
more intelligent prisoners. The intermediate education program will prepare them high school education.
The academic or high school level composes 10% to 15% all admission. Courses for high school
credit should be offered to be staffed by fully qualified teachers, and the program of the studies should
fully meet standards. Students attending high school classes should be well selected, so that only those
who are willing and able to achieve academic goals should be allowed to pursue the program.

VOCATIONAL EDUCATION

A large portion of the prison population needs more training and experience in the essential of
earning a living. A well - designed program of vocational education may contribute to the socialization of
the prisoner as well as to development of trade skills and knowledge.
The vocational training program of a prison should have the following objectives:
1. The development of skills necessary for successful work in a socially acceptable occupation.
2. Opportunities for teaching related trade information including blueprint reading, trade science, trade
mathematics, occupational information, drafting and sketching and safety education.

CORRECTIONAL ADMINISTRATION | 40
3. Exploratory shop work to help certain prisoners discover their aptitudes and interests.
4. Assistance to those with limited capacities to become better equipped to meet the problems of semi-
skilled workers in technological age.
5. Training for long-term inmates so that they may be more useful and happier in institution
assignments.

The vocational education program is usually geared to institutional maintenance work and the
prison industries projects. Institution maintenance aims at the efficient operation maintenance of the
prison and the utilization in every possible way of maintenance work to provide on the job training to
prisoners.
The prison industries projects, in order to contribute fully to the vocational training of prisoners,
should follow a policy of requiring the pre-service and on-the-job training of employees. For prisoners,
exploratory and preliminary training should be done in the vocational training shop with the systematic
flow of trainees, through the classification or assignment committee, into appropriate prison industries.
The Philippine Prison System offers several vocational courses for prisoners, among which are
radio mechanics, auto-mechanics, horticulture, shoemaking, tailoring, carpentry, hollow block making,
poultry and piggery raising and electronics.

THE RECREATIONAL PROGRAMS

Recreational programs in prison are an important part of the rehabilitation program. A good
prison administrator should provide wholesome, healthy activities for men confined in his institution.
Many penal institutions are limited in this respect due to lack of facilities, limited funds, or absence of a
well-rounded program for the inmate population.
The objectives of the recreational program are the following:
1. To provide an environment that will be conducive to the best mental and physical development of
the inmate.
2. To help the prisoners to become aware of their individual conditions and to provide a method of
improvement.
3. The development of proper attitudes and conduct necessary for cooperative competition.
4. To arouse the interest of the prisoners in the recreational program to the extent that they will
continue this kind of activity after their release. This has proven to be a good morale booster and an
excellent asset to the prisoners on parole.

Usually the recreation period is conducted during “free time” schedule, affording opportunity for
each man to decide for himself whether or not he desires to participate on a voluntary basis. If the
inmate does not volunteer or usually join in the sports activity he is probably the passive type and will
always be a spectator. This is the inmate who needs encouragement. A properly organized program
could be the medium of releasing the stored up tensions of the timid, withdrawn types of individual.
The recreation program should be designed to meet the needs and interest of all inmates. There
should be provision for active, competitive sports and strenuous activities for benefit of the physically fit.
For those who, for one reason or another, are physically incapacitated, non-participating forms of
recreation should be made available. Each prisoner should be able to find something of interest in the
program. However, he should not be forced into any activity for then it would cease to be recreation.

CORRECTIONAL ADMINISTRATION | 41
A well- rounded recreation program includes the following activities:
1. Sports athletics - A wide variety of physical activities are suitable for use in the recreation program.
The program in sports and athletics is composed of several groups such as:

a. Individual and Dual Sports - The individual sports can be carried on with satisfaction by a
single individual. Included in this group are bowling, swimming, driving, weightlifting, track and
field, and gymnastic. Dual sports require two individuals to make playing possible. Examples are
badminton, handball, lawn bowling, paddle tennis, etc.

 Team sports - Team sports involve participation by four or more persons on one team. The
individual cannot participate without the acceptance and cooperation of his teammates and
opponents. Included in this group are baseball, basketball, volleyball, football, etc.
Participation in team sports strengthens the individual’s ties to proper and accepted conduct
in-group and social living activities. It develops good character citizenship and it assimilates
social and cultural differences.

Also, in team sports there are many opportunities for people to learn desirable habits and
attitudes, to develop emotional maturity, restraint and tolerance and to strengthen personality traits,
which are important in the individual adjustment to everyday living. Prisoners should be given ample
opportunities and encouragement to play informally by choosing their own teammates and organizing
informal competition in basketball, volleyball, softball, and similar sports. There should be intramural
competitions, and if possible the prison team should be allowed to play against outside teams.

 Combat sports such as boxing and wrestling will provide opportunities for some prisoners to
develop courage and initiative, to practice individual action and reaction under emotional
stress, to develop emotional control and maturity and to develop respect for the emotional
feelings of others.

2. Arts and Crafts - Arts and crafts should be an integral part of the recreational program. The fields of
arts and crafts serve as outlet for human expression and serve as a form of release for the
abnormally inherent desire to create. Among the arts and. crafts to be included in the program are
basketry, bead craft, pottery, sculpture, toy making, weaving, woodcraft and others.

3. Music - Under the direction of a competent music instructor, many opportunities for musical
expression and appreciation can be provided such as the orchestra, jazz band, combo band, vocal
groups, choir and glee clubs. The inmate musical groups can be made to perform, not only before
the prison population but also to visiting groups who come to prison. They can be made to play
during ball games, Christmas and other holiday activities. Arrangements can also be made with
outside artists to entertain the prison population.

4. Drama and literary activities – There are many talents in the prison population that, if interest is
stimulated, could start a drama program. Much therapeutic value can be derived from such a
program. This is likewise true with literary activities.

5. Special Events – As means of breaking the monotony of prison life various patriotic and festival
days throughout the year should be appropriately recognized. Special programs could be prepared

CORRECTIONAL ADMINISTRATION | 42
for any of the following occasions: New Year’s Day, Independence Day, Quezon Day, Rizal Day,
etc.

6. Social Games - Social games such as checkers, Chinese checkers, chess, dominoes, jigsaw
puzzles, ping-pong, can be introduced in the recreation halls of dormitories.

7. Club Activities - Club activities among prisoners should be encouraged in order to develop their
initiative, learn to accept responsibilities, improve their education and keep abreast with what is
going on in the community.

8. Motion pictures, Radio and Television - Motion pictures, radio and television program should be
selected in order to get the type of program that is of interest to the prisoners. Radio and television
bring the men in prison in close contact with the outside world, which is invaluable in preparing them
for release.

THE LIBRARY SERVICES

The prison library plays an important role in the improvement of prisoners in the practical and
cultural aspects of social living. The good library either in prison or in the outside community, means a
collection of books and periodicals sufficiently complete and well-rounded to meet, within reason, the
many and varied needs and interests of the community it serves.
The objectives of the prison library are as follows:
1. To share with other divisions of the prison, responsibilities or useful social and vocational training of
the prison population.

2. To develop among prisoners realization of the usefulness of libraries in:


a. Providing vocational information about choice of trades and chosen trades.
b. Enlarging social and reassessing backgrounds.
c. Developing reading as a satisfying leisure-time activity.
d. Preparing by self-improvement, for release and post-prison life.

3. To provide guidance, counseling and planned reading courses, informal adult education for all
prisoners capable of sustaining reading in any useful field.

4. To lessen need for discipline and to institute measures of mental hygiene by providing reading as a
salutary release from emotional strain; as a healthy resources of idle hours, and as a positive aid, in
substituting acceptable new interests for undesirable attitude.

THE HEALTH AND MEDICAL SERVICES

There has been a growing awareness of the state’s responsibilities for the prisoner's health.
Most citizens also appreciate the fact that the prisoner’s’ chances of success on release are increased
if he is not handicapped by poor health or disabilities.
The Manual of Correctional Standards published by the American Correctional Association
prescribes that every correctional institution having a population of 1500 men should have an
adequately staffed medical department that takes charge of the health, medical and dental services.
The medical staff should be divided into three services or departments: (a) Medicine and surgery, (b)
Psychiatry, and (c) Dentistry.
CORRECTIONAL ADMINISTRATION | 43
The medical and health requirements of a prisoner includes mental and physical examinations;
observations, diagnosis and treatment of patients; immunization and protection of the inmate population
as well as the staff against hazards; visiting prisoners in segregation sections; sanitary inspections,
consultations with culinary and other officials; and participation in training, classification, disciplinary and
other programs.
Sound correctional practices require complete physical and medical examination of every
prisoner on his admission to prison and also on his release.

THE UNITED NATIONS STANDARD MINIMUM RULES

For the treatment of prisoners requires that sick prisoners requiring specialist treatment shall be
transferred to a specialized institution or to a civil hospital. Also, women’s pre-natal care and treatment
should be referred to civil hospital.
“At every institution there shall be available the services of at least one qualified medical officer
who should have some knowledge of psychiatry. The medical services should be organized in close
relationship to the general health administration 'of the community or nation. They shall include a
psychiatric service for the diagnosis, and in proper cases, the treatment of states of mental
abnormality.”
“Sick prisoners who require a specialist treatment shall be transferred to specialized institutions
or to civil hospitals, where hospital facilities are provided in an institution, their equipment, furnishing
and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and
there shall be a staff of suitably trained officer.”
“The services of a qualified dental officer shall be available to every prisoner.”
“In women's institutions there shall be special accommodation for all necessary pre-natal care
and treatment. Arrangements shall be made wherever practicable for children to be born in prison. This
fact shall not be mentioned in the birth certificate”
“Where nursing infants are allowed to remain in the institution with their mothers, provision shall
be' made for a nursery' staffed by qualified persons, where the infants shall be placed when they are
not in the care of their mothers.”
“The medical officer shall see and examine every prisoner as soon 'as possible after his
admission and, thereafter as necessary, with a view particularly to the discovery of physical or mental
illness and the taking of all necessary measures the segregation of prisoners suspected of infections
contagious conditions; the noting of physical or mental defects which might hamper rehabilitation; and
the determination of the physical capacity, of every prisoner for work.”
“The medical officer shall have the care of the physical and mental health of the prisoner and
should daily see all sick prisoners, all who complain of illness, and prisoners to whom his attention it is
especially directed. The medical officer shall report to the director whenever he considers that a
prisoner’s physical or mental health has been or will injuriously be affected by continued imprisonment
or by any condition of imprisonment”
“The medical officer shall regularly inspect and advise the director upon the quality, quantity,
preparation and service of food; the hygiene and cleanliness of the institution and the prisoners; the
sanitation heating, lighting and ventilation of the institution; the suitability and cleanliness of the
prisoner's clothing and bedding; the observance of the rules concerning physical education and sports,
in cases where there is no technical personnel in charge of these activities”

CORRECTIONAL ADMINISTRATION | 44
CHAPTER 6

PRISON CUSTODY, SECURITY, AND DISCIPLINE

CONCEPT OF CUSTODY AND SECURITY

One of the important phases of prison management is the custody and control of prisoners.
The rehabilitation program in prison cannot be carried out if prisoners are not effectively controlled. The
primary objective of the prison program is security but it is not the ultimate goal.
The rehabilitation of prisoners, which is the ultimate goal of imprisonment, can be attained if the
necessary structure, personnel and methods, which provide for security, are present. Security aims at
the prevention of escapes, and control of contraband and maintenance of good order. These objectives
can be realized if custodial facilities including buildings and equipment, walls, towers, gates, personnel
and methods relating to escapes, contraband and good order are given proper attention.
Escapes of whatever nature alarm the public. Some escapes are of the nature of "walk away"
like the absconding of minimum security prisoners from their place of work or residential assignments
outside the walls. Surely this type of escape cannot be as alarming as when the prisoner actually makes
a break from his armed guard.
CORRECTIONAL ADMINISTRATION | 45
Contraband is anything found in the possession of the prisoner contrary to rules and
regulations. What constitutes contraband in one institution may not be contraband in another institution.
Therefore, in view of the non-uniformity of the definition of contraband, every institution should provide a
rulebook where articles declared as such are clearly listed.

CUSTODY, SECURITY AND CONTROL

The rehabilitation program of the institution cannot be carried out if prisoners riot or cause
disturbances. A well-rounded correctional program, having for its aim the rehabilitation of the prisoners
must be correlated with arid into a system of sound custody, security and control of prisoners. Some of
the factors considered essential in establishing sound custody, security and control of prisoners are the
following:
1. An adequate system of classification of prisoners – Careful study, diagnosis and
recommendations for treatment documented into case histories give prison workers the knowledge
they need to handle inmates.

2. Inspection of Security Facilities – Regular formalized inspections reinforced by constant


observation of physical plant; help assure its best use.

3. An Adequate System of Counting Inmates – There must be an adequate system of counting


inmates to make certain “all are present and accounted for” at prescribed periods, day and night.

4. Control of Firearm – A plan for firearms control must be made, specifying its purpose, use, safety
precautions, proper inventory, storage and standardization; all should be included in the plan for all
institutions.

5. Gas Control – A plan for gas control which specifies its purpose, use, safety precautions, proper
inventory, storage and standardization must be made.

6. Control of Contraband – A plan for the control of contraband defines such items and provides for
their regulation.

7. Key Control - A plan for control of keys assures that all are accounted for and under control of free
personnel.

8. Tools and Equipment - A plan for control of those tools and equipment items that pose a threat to
persons or to the physical security of the plant must be developed.

9. Job Analysis - A comprehensive and up-to-date job analysis for all posts aids employees in
understanding their tasks.

10. Locking Devices – Proper locking devices must be kept in good operating condition.

CORRECTIONAL ADMINISTRATION | 46
11. Proper Cell Equipment - Proper cell equipment should be designed to minimize the necessity of
permitting custodial risks to leave their cells after lock-in.

12. Emergency Doors - Emergency doors must be provided into housing and to the areas where
prisoners are congregated.

13. Special Emergencies - Plans should be developed and be available to place into effect for
operation during special emergencies: (a) riots (b) escape (c) fire fighting (d) emergency lighting and
stand-by power, and (e) civil defense.

The best guaranty against riots, disturbances and escapes, however, is in well-organized
program of activities inside prison designed to attain the reformation of prisoners. Penologists
considered, "Idleness is the workshop of the devil." A well-balanced program of work, recreation and
education will keep the prisoners busy and away from mischief: On the other hand, if prisoners are idle
or are treated inhumanely they will surely escape or create disturbances.

INSPECTION OF SECURITY FACILITIES

All security facilities such as doors, bars, windows and locks should be examined at least once a
week to insure that they are in good condition. Custodial officers as well as other employees of the
institution should be trained to observe signs of deterioration in the security system: arid to report imme-
diately any weakness in the system.
Counting Inmates - Prisoners should be counted four times a day or oftener. During change of
shifts, guards on duty must be certain that all prisoners are present and accounted for. In counting
prisoners at night, the guard should "see flesh and hear voice" before recording them as present. The
control room or master control must indicate movements of prisoners, such as changes of residence or
work assignments, transfers to hospital and courts.
Firearm Control - There must be a written set of rules for the control of firearms, which every
correctional or custodial personnel should know by heart. Carelessness on the part of the employees or
defects in the system of firearm control may result to violent deaths of employees or prisoners.
Employees should be taught how to handle all weapons they may be called upon to use.
Members of the custodial force should be required to qualify in marksmanship before entrance to
duty and every year thereafter. The armory should be located outside the prisoners’ housing and activity
area, and guns should not be carried within close proximity of prisoners. The use of gas for quelling riots
is becoming popular, not only because it is effective but also because it is, humane. The custodial force,
therefore should know how and when to use tear gas bombs or grenades.
Control of Keys - The keys to cells and dormitories should never be entrusted to prisoners. The
correctional officer on duty should never enter the housing unit of prisoners with the keys hanging on his
belt. There must be proper accounting of all keys at all times.
Control of Tools - Tools when not in use should be hanged on a shadow board. They should
only be used by inmates within enclosures or when under supervisions.
Locking Devices - Proper locking devices must be kept in good operating' conditions. Individual
door locks to cells must be provided and the multiple locking devices to doors of individual cells should
only be used in cases of emergency such as fire or earthquake. Inside the housing unit, there should be

CORRECTIONAL ADMINISTRATION | 47
a grill, cage or sally port the purpose of which is to provide a place for officers to go into without
exposing themselves to assault in case of riots.
Special Emergencies - The prison should provide a standard operating procedure for control of
riots and for preventing fires and escapes. There should be a master riot plan and this plan should often
be placed on the dry run. This should also be true with' prevention of fires and escapes. Every penal
institution should be provided with emergency lighting stand-by power.

PRISON DISCIPLINE

Discipline in prison is commonly thought of as a procedure to prevent escapes, riots and


disorders, and punishing those involved. This is not all that discipline attempts to accomplish in a prison.
The main objective of prison discipline is to inculcate habits, attitudes and values that will make the
prisoner a peaceful and useful member of society upon his release.
Webster's dictionary defines discipline, thus: Discipline: from the Latin, disce, to learn:
discipulus, a disciple or learner. Training, education, and instruction: the guidance and government of
conduct or practice punishment inflicted for the purpose of correction and training.
Discipline has also been defined as a continuing state of good order and behavior. It includes
the maintenance of good standards of work, sanitation, safety, education, personal health and
recreation. It insures that persons and groups go on time to their appointed place and that they maintain
standards of conduct which are necessary when large number of people live and work together or in
any community, institution or otherwise.
The ultimate hope of institutional discipline is to develop self-reliance, self-control, self-respect,
self-discipline not merely the ability and the desire to conform to accepted standards for individual and
community life in a free society.

ELEMENTS OF PRISON DISCIPLINE

1. Morale - A high degree of morale within prison is the most valuable aid to a good custodial program.
Morale is the mental condition of individuals or groups regarding courage, zeal, hope and
confidence in the present principles and way of life. Morale is how people feel emotionally about
their way of life and the people with whom they live.
Good personnel and a good treatment program make for good inmate morale and self-discipline,
which aid in the maintaining of proper custody and control. Good morale is not obtained by arbitrary
rules of hard work alone. It comes with the development of activities, which provide for the inmate’s
mental and physical needs, fair treatment, and reasonable opportunity to use his time constructively. It
requires leadership and a balance program in which work, training, recreation and other activities are
carried on with the common objective – the welfare and reformation of the individual.

2. Custody and Control

Custody is defined as guarding or penal safe-keeping. The custodial force must be trained in
custodial and security measures, locking and counting routines, procedures for searching prisoners and
their living quarters, and prevention of contraband. The prison guard whose duties were limited to

CORRECTIONAL ADMINISTRATION | 48
guarding inmates and maintaining discipline is now regarded as key personnel of the institution. The
fact that he is most often in contact with the prisoner at work, in quarters, and at school, places him in a
position where he has the greatest influence upon the prison.
Control involves supervision of prisoners to insure punctual and orderly movement to and from
the dormitories, places of work, church, hospitals, and recreational facilities, in accordance with the daily
schedules. Control does not mean that all prisoners be under close superv1don at all times. The use of
passes and the establishment of gates and checkpoints within the prison walls can likewise affect
control.

3. Discipline the Concern of Every Prison Worker - Discipline is not the responsibility of the
custodial force alone but rather the concern of every prison worker. The staff of the institution in all
phases of the institutional program, all of which in their special ways are contributing to the general
discipline of the prisoners, accomplishes it.
For example, the social worker contributes towards discipline by pointing out to the prisoner his
responsibilities to his family and to the community, and showing him how to fulfill them. Work foremen
and treatment personnel encourage and assist the prisoner to attain new goals, through purposeful
work activities and employment responsibilities.

4. Individualized Discipline - It is not enough that discipline be consistent, reasonable, objective, firm
and prompt. Since crime is multi-causative, the techniques and services required in correctional
treatment including the administration of discipline, must be correspondingly varied and, in terms of
understanding the inmate as a person.

5. Discipline must be considered on an individual basis - the prisoner must be carefully studied.
His social, psychological, psychiatric data prior criminal history adjustment to his institutional
program and disciplinary history must be carefully examined to see what kind of person he is, what
can reasonably be expected of him and wha\t punishment or other treatment methods will be most
effective.
Group disciplinary problems such as gang conflicts, strikes and disturbances, should be dealt
with firmly and without hesitation or vacillation. The gang leaders or agitators should be identified and
segregated.

6. Preventive Discipline - discipline should not only be applied after a breach of law, rule or regulation
has been committed. More effective perhaps is the application of discipline at its preventive stage.
Discipline applied after an offense has been committed is negative discipline in the sense that in
many cases punishment does not deter. The positive approach is to work out a program of
preventive discipline, which involves prompt correction of minor deviations before they become
serious violations. Minor violations if not intentionally committed should be dealt with by the
observing guard with a reprimand or warning.
Custodial officers should bear in mind that the certainty of dealing with misbehavior in prison is
more effective in the control of prisoners than the severity of the punishment. In many cases, correction
or reinstruction of the inmate may be achieved without. the necessity .of taking punitive action.
Preventive discipline may be used when the deviation is trivial, is due to ignorance or lack, of
understanding or the result of careless or faulty habits.
A friendly word of advice may suffice to cause a prisoner to avoid future misbehavior. On the
other hand, in a similar situation, an employee lacking in interest and understanding approach, may by

CORRECTIONAL ADMINISTRATION | 49
his unprofessional, unfriendly, and even hostile attitudes and bearing, aggravate an inmate to a point
where it is mandatory to take disciplinary action for misbehavior.

7. Good Communication - Another important element of discipline is good communication. A good


communication system, which will convey what management, wishes the prisoners done and what,
the inmates feel about the program and management important in prison management. A good
communication system will relieve the inmate's feelings of insecurity about his situation. A good
communication system is likewise essential in effecting new changes, which affect the masses of
the inmate population.

a. Orientation - Admission
Good communication can be accomplished by subjecting all newly committed prisoners to
undergo admission-orientation procedures. This usually takes place at the Reception Center. The new
inmate is given orientation lectures on the rules and regulations of the institution. He is informed of the
existing facilities of every institution within the prison system; he is told of what the institution expects of
him; and he is advised of the opportunities for advancement that he could avail of within the institution,
such as the educational and correctional programs, the religious program, the recreational program, and
the opportunities in group development activities.

b. Manual And Rule Book

Manuals and rulebooks guide both the prisoners and employees in the proper procedures of
administration. They should be made available for reference to the prisoners as well as the staff at all
times. The rules and regulations should be stated in as simple a language as possible to be understood
by every prisoner.

c. Inmate Councils

One good means of maintaining communication in prison is the creation of Inmate Councils. The
inmate council is composed of duly elected representatives of the various housing units and assignment
groups. The council elects its officers and holds periodic meetings. The council acts as an advisory
body to the superintendent or warden in matters of administration. The council members disseminate
major changes of policies to their constituents, and in turn transmit to management the feelings and
attitudes of the inmate population towards any problem of the institution.

PROCEDURES IN DISCIPLINARY CASES

Disciplinary and punitive actions are the responsibility of the deputy superintendent for custody.
In small institutions, one disciplinary officer hears disciplinary cases, while in bigger institutions they are

CORRECTIONAL ADMINISTRATION | 50
heard by a board of discipline. A disciplinary board or committee is usually composed of the assistant
superintendent for custody as chairman, the physician and the psychologist as members.
Disciplinary cases are initiated by the report of the observing officer or employee. The report
may either be a behavior report or a misconduct report. The former type of report is intended to call
attention to inmate’s acts and attitudes which might otherwise be called misconduct - such behaviors as
suspiciousness, Withdrawal symptoms, lack of self-control, etc. Behavior reports also include
exceptionally good work habits, and attitudes. The negative as well as the positive behaviors of the
inmate are useful in the appraisal of what kind of person the prisoner is. The misconduct report carries
every violation of law or rules. Every case included in the misconduct report should be investigated, and
heard by the disciplinary officer or committee.
If the case is so serious as to warrant it, or if there is danger that the offender will unduly
influence witnesses, he may be placed in confinement pending investigation but his confinement
should .not be in. a. punishment status. In the hearing, the inmate shou1d be given all opportunities to
explain his case and to call witnesses to testify on his behalf. A written record is made of every
infraction reported and how it is disposed of. Records of said infractions are entered in the prisoners’
disciplinary record card.
The following are some of the punishments usually imposed on prisoners convicted by the
summary or disciplinary board:
1. Counsel and reprimand - This is a mild form, of punishment imposed for trivial offenses. To a
prisoner who is aware that a clean record is: an asset to his speedy release mere counselor
reprimand is enough deterrence against a repetition of infractions.

2. Loss of Privileges - This is one effective control of misbehavior. Privileges are very precious to
prisoners. Prisoners look forward to visiting days, movie evenings; amateur hour program, and
writing to relatives and certainly they would not want to forfeit any of these privileges through
misbehaviors.

3. Loss of Good Conduct Time Allowance - The penal code provides that for maintaining good
record in prison, the inmate is credited with 5 days or 8 days, up to 15 days good conduct time
allowance for every month that he serves. This allowance may be forfeited as punishment for
misconduct. However, good conduct time allowance already earned can no longer be forfeited.

4. Close Confinement - This is resorted to in extreme cases when lighter penalties are ineffectual.
The use of solitary confinement or "bartolina" is justified when there is danger that the offender may
hurt himself or others. It should not be considered as punishment when used "as an administrative
measure" of preventing him from influencing witnesses or of injury to himself or others.

5. Reduced Diet - Usually this punishment is carried out with punitive segregation. The United Nations
rules prohibit the use of this kind of punishment unless supervised by the prison physician. Cruel
and degrading forms of punishment are also prohibited by United Nations rules, including corporal
punishment. Except when there is danger of the inmate injuring himself or others, the use of
handcuff and leg irons is prohibited by the United Nations rules and regulations.

CORRECTIONAL ADMINISTRATION | 51
CHAPTER 7

COUNSELING, CASEWORK AND CLINICAL SERVICES

Counseling, casework and clinical services are essential parts of the total correctional
program. To function effectively as an integral part of the total correctional process, professional
personnel assigned to these services must clearly understand the mission, goals and objectives of the
correctional system.

Counseling is defined as a relationship in which one endeavors to help another understand and
solve his problems of adjustment. It is distinguished from advice or admonition in that it implies mutual
consent. Counseling as used in working with offenders; encompasses the personal and group
CORRECTIONAL ADMINISTRATION | 52
relationships undertaken by the staff. It has its goals either the immediate solution of a specific personal
problem or a long range effort to develop increased self-understanding and maturity within the offender.
Counseling may be part of the activity of a professional casework or psychiatric staff, but is also
the proper province of the teacher, the work supervisor, and the group supervisor, and the group
supervisor. In institutions particularly, the work and quarters, supervisors have extensive contact with
and influence upon inmate behavior. In the performance of normal job functions, counseling is used
commonly and quite often unconsciously. Voluntary participation of the offender in a counseling
relationship is desirable; but there is evidence that group programs in which participation is mandatory
can be effective.

Group Counseling Personnel - Institutions can make productive use of a program of


counseling which employs educational, custodial, and industrial, maintenance and other operational
personnel as group leaders and give individual attention to inmates. There is considerable untapped
potential in the large numbers of institutional personnel who can have major impact on relieving inmate
tensions and contributing to ultimate social readjustment of offenders.
The most effective informal counseling program consists of the intelligent and harmonious use of
personal relationships between staff and inmates in the operation of day-to-day assignments in the
institution. The natural small living group, such as camps, dormitories and other small housing units~
provide an excellent setting for the development of a counseling relationship between custodial staff and
inmates, as do small work groups or crews.

Vocational Counseling - A critical need in institutional programming is professional vocational


counseling. Involved here is a technical specialty within the general counseling field, which requires
broad knowledge of occupations, vocational potentials, aptitudes and interests, and conditions of
employability in the community. Increasingly, institutions are turning their attention to vocational training
and productive enterprise. This is sound, both from the standpoint of institutional activities and job
stability after the inmate is released.
To accomplish the most effective assignment, and training of inmates, each correctional system
should employ skilled vocational counselors to contribute to the initial study and recommendations. The
assessment of vocational potential can then be used by both inmates and staff to determine initial
assignment and periodic progress review. Based upon an allotment of three hours per case in the
reception unit for review, analysis and report, there should be one vocational counselor provided for
every 40 cases per month. This would allow approximately one-fourth of his time for administrative
duties and staff development projects.
Vocational counselors are also needed to make periodic progress reviews, to guide occupational
and training reassignments, and to give consultations to administrative staff, trade foremen vocational
and academic teachers. The use of Dictionary of Occupational Titles can greatly simplify and
considerably enhance the assignment practices within the institution as well as the release planning for
employment.

Based upon a minimum of 15 inmates per case per month, an appropriate ratio of vocational
counselors is one to every 300 inmates. This ratio allows for approximately one half times to be devoted
to administrative routine, staff consultation, classification committee work, and other allied duties. In

CORRECTIONAL ADMINISTRATION | 53
terms of both short-range productivity and long-range benefits, skilled vocational counseling is an
economical use of personnel.

Casework in correctional work includes the professional services rendered by professionally


trained personnel in the description and social treatment of offenders. Casework consists of working
with one individual at a time, with the aims of:
1. Obtaining clear case description or social history,
2. Solving immediate problems involving family or other personal relationships,
3. Exploring carefully long-range problems of social adjustment and assisting the individual toward
acceptable solutions,
4. Offering supportive guidance and information to inmates who are nearing release from the
institution,
5. Offering supportive guidance and professional assistance to offenders on probation or parole.

CASEWORK SERVICES

While the entire correctional process should be seen as-an integrated activity, for logical outline,
the areas for use of counselors can be divided into six sections which have certain operational
significance:
1. pre-sentence investigation (probation)
2. reception process
3. general institutional program
4. specialized use in severe disciplinary cases and segregation
5. pre-release activity
6. post-institutional care (parole)

Whatever his specific assignment, the counselor should be a person specially trained either by
graduate academic preparation or through specialized and intensive correctional casework training
programs, in the understanding of basic human needs, problem behavior, social conditions relevant to
criminality, and community and social agency resources.
It is essential that the counselor have a broad understanding of anti-social behavior and a
general knowledge and understanding of research procedures. The counselor should be motivated by a
personal desire to assist individuals who exhibit varying, and sometimes serious, degrees of such
behavior.
As part of the casework program, relationship with colleges and universities should be
established to provide for field instruction for students and advanced course work by full-time
employees.
1. Reception Process - Case study, evaluation and description is an essential function of the
caseworker. Skills in analysis, thorough reporting, and clear writing are essential in the production of
a case history used throughout the correctional process as a basis for program planning and
treatment. Participation in.-the orientation of the newly received inmate: to the correctional system is
also a function of the, reception unit caseworker who may, accomplish this purpose most
successfully in groups.
During reception process one function of the caseworker is to deal with special problems, which
arise during the intake period. Often this is a time of considerable personal and family stress requiring

CORRECTIONAL ADMINISTRATION | 54
the resolution of economic and personal problems. Specialized casework skills in handling new stress
problems and knowledge of appropriate referral sources are required

2. Workload Standard - A minimum standard workload figure for processing new cases is 30 per
month, for the caseworker exclusively occupied in this area. As part of the standard, there should be
a provision for at least one case supervisor for every six to eight caseworkers.
These workloads are based on an average allotment of approximately four hours per case for
study, description, analysis and recommendation and an additional allowance of one-fourth work time
for administrative routine training and staff development. It is most important to recognize that the
treatment potential of the caseworkers is commensurate with the amount of face-to-face-contact with
the client. As administrative details increase, the treatment potential correspondingly decreases. These
should be regarded as absolute minimum figures.

3. Institutional Activities - Perhaps the most basic institutional casework activity is long-term case
and group work with inmates judged to be amenable to professional casework services. At the
present time there is insufficient knowledge upon which to determine a known percentage of
inmates who might be responsive to- the intensive casework services.

During the institutional period, the caseworker becomes involved in aiding in-mates with a wide
range of problems. Many of these concern themselves with difficulties of institutional adjustment, but
there are others, which have their origin in the community. Among the latter are divorce complaints,
matters relating to the care and custody of minor children, and issues concerned with handling the
inmate's financial assets. It is important to recognize that many of the latter matters may involve the
offender's legal rights and the caseworker should provide the approve channels.
The Preparation and writing of progress reports for review towards release is also a usual and
important assignment. The caseworker also serves as a consultant to institutional line personnel. He
contributes to personnel training, and also helps interpret the treatment needs of individuals.

4. Pre-release Activities - Pre-release planning for individual inmates and group programming in
advance of release is frequently one of the more neglected activities in correctional administrations.
Normally the counselor will be assigned the responsibility for planning and execution of specific pre-
release programs for orientation and, information to inmates preparing to leave the institution. These
programs will stress employment, living relationships, adjustment factors in the outside community,
recreational interests, etc.
Pre-release programming for individual inmate requires review of the admission study and
institutional progress and proper interpretation to the field counselor and the inmate as to expected
problem areas and proposals for most effective release arrangements.

CLINICAL SERVICES

Clinical services provide the most intensive diagnostic and treatment activities aimed at
1. Discovering the causes of individual maladjustments,
2. Applying psychiatric techniques with offenders towards effecting improved behavior
3. Offering guidance and support to other staff members in their management of offenders

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The staff members ordinarily employed in clinical services work are psychiatrists, clinical
psychologists, trained caseworkers, psychiatric nurses, occupational therapists, and other specifically
trained technicians. The clinical services personnel are particularly concerned with offenders with deep-
seated emotional problems.
Clinical services generally include the functions of psychiatrists, psychologists, psychiatric social
workers, and ancillary personnel such as psychiatric nurses, occupational therapists, and correctional
officers with specialized training. Clinical services personnel should have appropriate education and
certification for their specialties. Where possible, residency-training programs should be established in
correctional, institutional and field activities.
In this discussion, the emphasis will be placed on describing the important uses to which clinical
services personnel can be assigned in the correctional process.
1. Reception Process - Intelligence and personality tests administered by qualified clinical
psychologists. They are required as a basic part of the diagnostic process and program planning.
Intelligence and vocational aptitude test should be selected carefully with the psychologist's
guidance, and should be administered routinely.
Serious thought should be given to periodic supplementary testing and re-evaluation. The
emotional state of the inmate upon intake can lead to misinterpretations and faulty program planning.
Personality tests on a group basis and projecting techniques should be administered selectively. The
role of the clinical psychologists also includes the continuing assessment of the testing battery and
introduction and modification of tests where needed.

Each inmate passing through the reception process should receive at least a screening interview
by a clinical psychologist. On a selective basis more intensive interviews will be necessary for a
proportion of the inmates. The interview will be used as a supplement to the interpretation of the
personality and projective tests as well as intelligence scores and to assist in the preparation of the full
admission summary.
On referral, psychiatrists should make assessments of psychopathology, organic disturbances,
and other factors related to diagnosis and treatment planning. The wide range of offender types is such
that it is not necessary to have a mental status report on every inmate. Mental status reports will be
necessary, however, for a substantial number of inmates to determine appropriate placement and
treatment plan.

2. Institutional Programs - Clinical services personnel have a significant role in individualized and
group treatment of psychotic inmates, severe neurotics, and other individuals demonstrating bizarre
behavior in the institution or in their institution or in their history before entry. As a minimum
requirement there should be provision for full clinical service to the population designated as
psychotic and other inmates showing major personality disturbances, which may be amenable to
treatment or psychiatric management.
As consultants, clinical personnel, including psychiatrists, psychologists, and psychiatric social
workers can play a key role in the general treatment programs of the institution. This function would
include providing consultant services for line personnel working as counselors, for discipline and
classification committee decisions and for general programming. The in-service training program for all
personnel should include sessions on personality theory to be conducted by clinical services personnel.

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As specialized assignment, individual and group treatment by clinical services personnel maybe
provided in segregation units and to the general population for the very difficult cases evidencing major
disturbances in the institutional community. The segregation unit thus should be seen primarily as an
adjustment center with- a close integration of custodial, counseling, casework and clinical services
activity.
Occupational therapy programs employing professionally trained occupational therapists should
be part of the institutional program for inmates with emotional, mental or physical handicaps requiring
special attention. Workload standards should be established through consultation with the appropriate
professional associations.
Where occupational therapists have been used in both mental hospitals and prisons, there have
been dramatic examples of improvement of severely diagnosed individuals. In addition, the occupational
therapist programs are very useful in diagnosis and evaluation of long-term needs for inmate
programming.

3. Pre-release Activity - In preparing for release to inmates, the clinical services group serves an
important function by m akin an assessment of psychopathology and the implications of such
assessment for behavior in the general community. In addition to the general assessment one of the
most important functions to be served by the clinical services group, especially in cases having
psychotic or bizarre histories is in the prescription for appropriate post-release programming that is
transmitted to the parole service.

4. Post-Institutional Care - Consultant clinical services should be available for the use of parole
supervisors in assessing progress, supervision needs for most effective parole management of large
numbers of parolees demonstrating unusual personality disturbance or with histories of
unpredictable behavior.

As part of parole treatment and management, outpatient parole diagnostic and treatment clinics
should be developed in the major metropolitan areas. In many instances the paroling authorities are of
the opinion that men may be released with relative assurance of safety to the community provided there
is a continuing clinical assessment and treatment of offenders with unusual histories. The functions of
the outpatient clinic would include on-going treatment of cases showing positive response and the
evaluation of especially difficult cases at the time of key decisions.

SEX PROBLEMS IN PRISON

Sex is one of the most challenging problems that confront the administrators of our prisons
today. The problem is normally related to diseases of mental abnormality and emotional instability that
emerge in definite criminal conclusions. Despite evident progress in many avenues of correction, there
are certain areas of behavior with which the pris6n system has not been able to cope. One of them is
the problem of sexual adjustment in all institutions where inmates are deprived of social or sexual
contact.
With the exception of few prisons where conjugal visits are allowed, inmates generally manifest
deviant sexual behavior, namely: nocturnal sex dreams (emissions), masturbation and sodomy. Male

CORRECTIONAL ADMINISTRATION | 57
prisoner are randomly distributed according to social status and general life style from the pauper to the
opulent, although the prisoners who make up the bulk of population are drawn from the deprived
sections of society. As a consequence, sexual experience of these men and the meaning that sex has
for them differs significantly from other sectors living in free community.
A number of dimension of these substantial differences are to be found in the sexual activity and
attitudes of men who have differing amounts of education and social origin. Imprisoned men and men of
delinquent histories generally have wider sexual experience than men living in conventional and non-
delinquent lives.
Drawing on the knowledge about the dimensions of prior sexual adjustment of men who go to
prison, the first major sense of experience is actually how little sexual activity of any sort secure within
the prison, thus, even after the shock of imprisonment has worn off, which often for recidivist this occurs
quickly, there is no sudden burst of sexual activity of any type. Confirming these impressions are the low
order of sexual complaint as found in the list of grievances presented by the prisoners.
Partly, this is due to the tight custody in the institution and the fact that the prisoners move and
live in close proximity and except for certain moments of the day, there is very little privacy. Another
cause is man in prison finds himself without appropriate stimuli, which suggest opportunities for sexual
activity. The absence of females and 'the absence of social situation that call for sexual responses, such
as being out of town, ogling and drinking, serve as effective inhibitors of -sexual responsiveness.

HOMOSEXUALITY

Homosexuality is the most common form of sexual perversion in prison. Dr. Paul Tappan states
that the homosexuality is a type of sex perversion that must be reckoned with by prison authorities
because of its immensity and violent consequences.
There are two factors that encourage homosexual behavior in prisons. The first is deprivation
of opportunity for normal sex outlet, and as a result of this denial, prisoners have no alternative but
(1) to strive for complete continence, a state which is very difficult for many to achieve, or (2) to indulge
in orgasm; or (3) to engage in homosexual practices.
The other basic factor encouraging homosexual behavior is found in the fact that every normal
person has "erotic zone" in his body aside from his genital region which if stimulated gives the person
under certain condition, full gratification or completion of sex act.
Hence, every person is neurotically and potentially capable of gaining sexual gratification from
homosexual practices. Considering the unique situation the prisoners are placed, it is therefore not
surprising that a number of them are indulging in homosexual practices.

HOW HOMOSEXUALITY BEGINS

When members of one sex are gathered together in isolation from the opposite sex many will
discover homosexual practices. The tragedy in this situation is not the act itself, but in the fact that many
persons otherwise sexually normal learn the habits of homosexual practices and experience, and
carrying these practices with them, remain homosexual by preference when they are discharged from
prison or other situation that encourage homosexuality.

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Homosexual persons may be divided into two categories, (1) one composed of persons who have
learned "accidentally" to indulge in perverted acts, (2) the other composed of persons who had their
inclinations ingrained as one of their fundamental personality traits.

CHARACTERISTICS OF PRISON HOMOSEXUALS

An obvious example of a difference between the inmate or congenital homosexual and the
“average” or "normal" person is found in reversed secondary sex characteristics as having broad hips, a
female hairline large breast, effeminate voice and features, for male; the female invert homosexual will
have a masculine hairline and a deep voice. This, of course, is not true of the accidental homosexual.
There are indications that homosexuality is such more prevalent that many assume. There is
ample evidence that homosexual relationships are of transitory nature, occurring perhaps only once or
twice over of a unique, social situation like a man in prison where homosexuality is prevalent.
There are varying estimates of the number of males who have homosexual contact during their
periods of confinement, but the range is probably between 30 and 45 percent, depending upon the
intensity of custody in the institutions, the social origins of the population, and the duration of individual
sentence. Homosexuality in prison is quite a different phenomenon than homosexual experience in the
outside community.
In the prison context, homosexuality is an imitation of normal sex life with the very sexual activity
suggesting masculine and feminine role components, thus a passive male prisoner submits to this
sexual activity of another active male prisoner by coercion because either of fear or indebtedness.
There are other male prisoners who have developed preferences for male companions from their own
experience and who enter prison as homosexual.
The aggressor provides protection, a measure of affection and perhaps gifts in case of older
inmates. The passive inmate provides sexual access, affection, and other pseudo-feminine services. In
cases of long-term inmates, these relationships may be conceived as pseudo marriage resulting to a
greater degree of sexual reciprocity. To some extent, this relationship creates problems of sexual
jealousy, which erupts into violence.

WOMAN AND HOMOSEXUALITY

Homosexual behavior is not restricted to male institution only but is found in women's
reformatories and in girls’ correctional institutions as well. Many of the females sent to these places
have not developed inhibitions and thus find the situation almost unbearable. They easily turn to various
forms of erotic behavior, and as in the male institutions debauch the more sensitive and feminine of their
fellow prisoners. It is practically difficult for administrators of prisons to control this problem in the
institution largely because the inmates have more freedom than male prisoners.
Women's reformatories are usually of the cottage type with large campuses where friendships
between girls and women have very little restraint. The sexual adjustment of women to imprisonment is
then strongly linked to the general goals to which most are socialized in the larger society. The
frequencies of any sexually ameliorative behaviors such as masturbation and homosexuality are
considerably less frequent for women than men in prison.
Female prisoners appear to form into pseudo families with articulated roles of husband and wife.
These family systems seem to arise from these sources. One source is a process of compensation: the

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majority of female prisoners are from several disordered homes and the creation of the pseudo family
often compensate for this deficiency. Another source results from the socialization of women, who
instead of forming a gang for self-defense as male prisoners do, tend to form pseudo family.
Finally, pseudo family operates to stabilize relationships in the institutions and to establish
orders of dominance and s submission among female prisoners. It is the result of these relationships
that homosexuality is being practiced by female prisoners.

CONTROL OF PRISON HOMOSEXUALS

No satisfactory solutions have been found to sex problems in prison except to reduce the
opportunities for such practices. For, instance, having only one prisoner in each cell, providing physical
exercise during the day to encourage sleep at bedtime and by adequately supervising all congregations
of prisoners where they are in the situation which affords an opportunity for homosexual practices.
Several attempts have likewise been made to segregate, the most obvious sex, offenders especially
homosexual to be removed from the congregation but still there is a tendency to co-opt other prisoners
to take their place.
Probably the only long-term solution is to adopt the policy of home visits at intervals during
incarceration and to provide alternative modes of self-expression for these social and Psychological
needs because of the current structure of male prison, result in homosexuality. The answers to
homosexuality are:
1. Encourage those who actually desire to change to take psychiatric treatment
2. Permit them unmolested to seek out their kind as they wish in free community
3. Conjugal visit for married prisoners

MASTURBATION

Some of the most successful aphrodisiacs are the absence of anxiety the presence of available
sexual cues, an adequate diet, and plenty of rest. Of these, only the latter two are commonly found in
the prison environment and, in some cases only the last one. One of the sources of sexual cues is
fantasy; those remembered or desired sexual experience that commonly serves as the basis of
masturbation, which is self-gratification.
These fantasies then begin to facilitate further masturbation and a continuing commitment of
sexual outlet. Masturbation serves primarily as a mechanical release of felt physical tension. The
prisoners learn and rehearse sexual style in the context masturbation. As it is indulged secretly, its
extent cannot be more than estimated. If the inmate is to some degree cultured, he may turn to various
avocations or hobbies like pacing his cell floor and memorizing verses in the Bible and passages in
poetry, to drain of his sexual hunger.

SODOMY

Another sex problem prevalent in prison is sodomy. Sodomy as a manifestation of sexual


perversion is the direct result of the denial of normal contact with opposite sex that is a part of the
society outside. In a situation where homosexuality is not practiced by inmates due to absence of
passive partners or there are no known homosexual in a cell, prisoners sometimes indulge in sodomy,
or sex relation with another male, which is a criminal offense.

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CONJUGAL VISIT

The program of involving the practice of permitting inmates, some opportunities of normal sex
life has been tried with success in several countries throughout the world especially in Latin American
countries, like Salvador, Mexico, Columbia, Argentina and Brazil. In some countries notably Sweden
home furlough, which is the inmate's rights and not a privilege, meets the need for normal sex practice.
A policy of permitting the families of prisoners to move to a prison compound has long been in operation
in several countries. It was the practice at least during 1930's in U.S.S.R., especially in Bolshevo prison
near Moscow.
In Columbia, the inmate leaves the prison under guard, wearing civilian clothes, wife in a
certified rooming house or in his own house if he lives in the city where the prison, specifically set aside
for the purpose of the visit. Prostitutes are banned. In Mexico City, a special hotel-like building was
erected for overnight visit of men's wives. This is likewise true in progressive Mexican "Islas Marias"
prison colony in the Pacific Ocean. Perhaps the most dignified type of conjugal visiting was established
in Argentina in 1947. In the National Penitentiary in Buenos Aires, each inmate who maintains good
behavior is entitled to periodic visits from his wife in a specially built structure intended for the purpose.
In the United States of America such practice of conjugal visit has not been officially sanctioned
by state authorities, although clandestine conjugal visits have existed for many years in Mississippi
State Penitentiary located at Parchman in Yazoo-Mississippi Delta, popularly known as Parchman
Institution. Here, it emphasizes not only the bringing of visitors into prison during Sunday's but it allows
the inmates to keep contact with their families by leaving the prison themselves. Under the visiting leave
program at Parchman called "Holiday Suspension Program" each year from December 1 until March 1,
selected inmates who have been in the penitentiary at least 3 years with good behavior records may go
home for a period of 10 days.
There are numerous problems that arise in connection with the privilege of allowing conjugal
visits in prison. Among them are
1. The possibility of common-law wives to visit their common-law husbands which create resentment
and jealousy on the part of legitimate wives
2. Prostitutes to call on some inmates which would result to the spread of venereal diseases
3. That it is unfair to unmarried inmates

Relatively however, this practice of conjugal helps a lot. It keeps marriages from breaking up,
reduces homosexuality, makes inmates more cooperative, helps rehabilitate inmates, makes inmates
easier to control, and makes inmates work harder.

CONJUGAL VISIT IN THE PHILIPPINES

In the Philippines, the practice of conjugal visiting was not allowed in the earlier part of its prison
system. However, the policy of the government specially the Bureau of Prisons is to allow the families of
some prisoners who attain the status of colonists or trustees to live with them at government expense in
penal colonies such as in Davao Prison and Penal Farm, Iwahig Prison and Penal Farm, and Sablayan
Prison and Penal Farm.

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The colonists and their families are given a piece of land to cultivate and are encouraged to raise
poultry and livestock for their own personal use. The colony post - exchange sells their product. When
released, the prisoners, if they so desire to live in the colony, are reclassified as homesteaders and are
given 6 hectares homestead lot in the Tagumpay and Tanglaw Settlements. Only Iwahig and Davao
Prisons and Penal Farms, so far, are operating land settlements where homestead lots are distributed
to released prisoners. There are community resources such as, school, church, recreation center, post -
exchange, hospital and clinics for the colonists and their families.

CHAPTER 8

THE PHILIPPINE PRISON SYSTEM

WHAT IS A PRISON?

 A national prisons or penitentiaries managed and supervised by the BuCor.

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 A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major/
serious crimes.

 A building, usually with cells, or other places established for the purpose of taking safe custody or
confinement of criminals.

 A place of confinement for those for those charged with or convicted of offenses against the laws
of the land.

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 – Investigation –

GENERAL CLASSIFICATION OF PRISONERS

1. Detention Prisoners – (detainee) those detained for investigation, preliminary hearing, or awaiting
trial. A detainee in a lock up jail. They are prisoners under the jurisdiction of Courts.

2. Sentenced Prisoners – offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court. They are prisoners under the jurisdiction of
penal institutions.

3. Prisoners who are on Safekeeping – includes non-criminal offenders who are detained in order
to protect the community against their harmful behavior. Ex. Mentally deranged individuals, insane
person.

Note: Prisoners and detainee are called inmates.

CLASSIFICATION OF SENTENCED PRISONERS

1. Insular or National Prisoners

 Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.

 Those sentenced to suffer a term of imprisonment cited above but appealed the judgment and
unable to file a bond for their temporary liberty.

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2. Provincial Prisoners

 Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3 years
or a fine not more than 1,000 pesos, or both; or
 Those detained therein waiting for preliminary investigation of their cases cognizable by the
RTC.
 if a prisoner receives two or more sentences in the aggregate exceeding the period of three
years, he shall not be considered a provincial prisoner.

3. City Prisoners

 Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more
than 1,000 pesos or both.
 Those detained therein whose cases are filed with the MTC.
 Those detained therein whose cases are cognizable by the RTC and under Preliminary
Investigation.

4. Municipal Prisoners

 Those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.


 Those detained therein whose trials of their cases are pending with the MTC.

CLASSIFICATION OF PRISONERS ACCORDING TO 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.
 They wear orange color of uniform.

2. Maximum Security Prisoners

 The group of prisoners whose escape could be dangerous to the public or to the security of the
state.
 It consists of constant troublemakers but not as dangerous as the super maximum-security
prisoners. Their movements are restricted and they are not allowed to work outside the
institution but rather assigned to industrial shops within the prison compound.
 They are confined at the Maximum Security Prison (NBP Main Building), they wear orange
color of uniform.
 Prisoners includes those sentenced to serve sentence 20 years or more, or those whose
sentenced are under the review of the Supreme Court, and offenders who are criminally insane
having severe personality or emotional disorders that make them dangerous to fellow offenders
or staff members.

3. Medium Security Prisoners

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 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 maybe 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 whose minimum sentence is less than 20 years and life-sentenced
prisoners who served at least 10 years inside a maximum security prison.

4. Minimum Security Prisoners

 A 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.

WHAT IS A JAIL?

Jail is a place for locking - up of persons who are convicted of minor offenses or felonies who
are to serve a short sentences imposed upon them by a competent court, or for confinement of
persons who are awaiting trial or investigation of their cases.
It is defined as a place of confinement for inmates under investigation, awaiting or undergoing
trial or serving short term sentence (BJMP, 2001).

TYPES OF JAILS

1. Lock-up Jails – is a security facility, common to police stations, used for temporary confinement of
an individual held for investigation.

2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender to serve
sentence less than three years.

3. Workhouses, Jail Farms or Camp – a facility that houses minimum custody offenders who are
serving short sentences or those who are undergoing constructive work programs. It provides full
employment of prisoners, remedial services and constructive leisure time activities.

WHAT ARE PROVINCIAL JAILS?

Provincial Jails in the Philippines are not under the jurisdiction of the Bureau of Corrections.
They are managed and controlled by the provincial government.

ALTERNATIVE TO JAIL CONFINEMENT

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In order to solve the problem of congestion of prisoners in jail and save many accidental
offenders from becoming hardened offenders, the following alternative to jail confinement are
suggested:
1. Elimination from the jail of those who belong elsewhere. Such persons as the chronic
alcoholics, the insane, the children, the ill, the destitute, and the other jail misfits should move out
and give the prisoner a chance. These people belong to hospitals for mentally or to foster homes.
2. Payment of fines in lieu of imprisonment. Court records and dockets are crammed with persons
ordered to jail for failure or inability to pay fines. The application of punishment with relation to the
economic status of the offenders seems to be illogical. As long as we consider the imposition of a
fine as an appropriate measure of punishment, consideration should be given to its payments on the
installment plan.
3. Use of Probation. The use of probation in minor cases can be availed of effectively for selected
offenders as a means of reducing the jail population.
4. Wider use of approved methods of release from custody. The wider use of bail, release on
personal recognizance, paroling to the family, friends or attorneys, is advisable in cases of a minor
nature. Judges hold within their power the extended use of these measures. They need to
comprehend that jail confinement is the least desirable of procedures.
5. Consolidation of Confinement Facilities. In many areas, adjacent provinces and cities could give
consideration to the combined use of a single jail rather than continuing the use of several jails. This
would make possible efficiency and economy of operation and the improvement of housing facilities.
6. Establishment of Farm Units and Forestry Camps. These alternatives to the continued
employment of the typical local jail are attaining wider approval. The states of California, Wisconsin,
Virginia and numerous others are successfully operating approved camps, farms and colonies. The
county of Los Angeles has developed a commendable jail-farm system, which is meeting with
community approval. The establishment of such units serves to provide constructive use of labor of
those confined.
7. The use of the delayed sentence. Various areas, notably Wisconsin, have experimented with the
use of the delayed sentence. Sometimes referred to as the “weekend sentence,” or the “night
sentence” this procedure permits a jail prisoner to pursue his normal job during the week and return
to the jail to serve his sentence during non-working hours.

CHAPTER 9

CORRECTIONAL SYSTEM AND FACILITIES

CORRECTIONAL SYSTEM IN THE PHILIPPINES

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1. Department of Justice (DOJ) – supervises and manages national penitentiaries, administers the
parole and probation system and assist the President in the grant of executive clemency. It has
control over the following:
a. Bureau of Corrections (BuCor)
b. Parole and Probation Administration (PPA)
c. Board of Pardons and Parole (BPP)

2. Department of Interior and Local Government (DILG)


a. Bureau of Jail Management and Penology (BJMP)
b. Provincial Jails

3. Department of Social Welfare and Development (DSWD)


a. Bureau of Child and Youth Welfare

CORRECTIONAL SYSTEM APPROACHES

1. Institutionalized Approach – are those measures or treatment programs carried out inside the jail
or prison while inmates are serving sentence or undergoing trial.

2. Non – institutionalized Approach – are those measures or treatment programs carried out on
community – based settings such as the application of probation.

3. Therapeutic Approach – are those measures undertaken through modalities of reformation


similar to a drug rehabilitation process.

A. THE OLD BILIBID PRISON

With the effectivity of the Spanish Penal Code in the country, it was then necessary to establish
a system of incarceration. So in 1847 the construction of the Bilibid Prison started. This institution
became the central place of confinement for Filipino prisoners. Prior to the establishment of Bilibid
Prison, prisoners were confined in jails under the jurisdiction of Commandancias where law
enforcement units were stationed. Commandancias were established in practically every province of
the country. In 1865, the Bilibid Prison was opened by virtue of a Royal Decree of the Spanish Crown.

The plan of the old Bilibid was such that the brigades were constructed in a radial spoke-of-a-
wheel form. For easy commanding control, a central tower was placed at the center of spokes. This
was the most important tower post then under the command of the Officer of the Day. The brigades
made of strong adobe stones were so sturdy that even to this day, after their transfer to the city
government of Manila they still stand and are being used by the City of Manila as the City Jail.

B. BUREAU OF CORRECTIONS

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.

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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.
The old law on the BuCor is found in the Revised Administrative Code, particularly sections
1705 to 1751 of said Code otherwise known as the Prison Law.

BUCOR MISSION, VISION AND MANDATE

Mission – Corrections service compliant to international standards helping enhance public


safety in the Philippines.
Vision – Protect the public and prevent crimes in partnership with stakeholders by providing
persons under custody opportunities for reformation, decent environment and secure settings.
Mandate – The BuCor is mandated by law to accomplish its twin objectives – the Effective
Rehabilitation and Safekeeping of National Prisoners.

FUNCTIONS OF BUCOR

1. Sake keep prisoners convicted by courts three years and one day and above to serve sentence in
prison.
2. Keep prisoners from committing crimes while in BuCor’s custody.
3. Provide inmates basic needs as human being.
4. Ensure rehabilitation programs are made available to the inmates for their physical, intellectual and
spiritual development.
5. Develop livelihood programs to assist inmates earn a living and develop their skills while in prison.

BUCOR PROGRAMS AND SERVICES

One of the primordial mandates of the Bureau of Corrections is the effective rehabilitation of
prisoners; thus, various programs are in place to address the rehabilitation aspect in corrections.
Rehabilitation in correctional work is done through a combination of programs that involves
spiritual activities, educational courses (formal and informal), medical and hygienic practices, cultural
and recreational activities, productive work, counseling, therapeutic and disciplinary measures.

6 FACES OF REHABILITATION PROGRAMS OF BUCOR

1. The Moral and Spiritual Programs – this develops moral uprightness and a God – centered
prison life for total reformation.

2. The Education and Training Program – this provides opportunity for qualified inmates to
undergo elementary, high school and college education. Others are given non-formal education
through vocational courses and skill enhancements.

3. The Work and Livelihood Program – this enhances productivity and livelihood skills to make
them economically prepared.

4. The Sports and Recreational Programs – this maintains physical fitness through regular sports
and recreational activities. These are various indoor and outdoor activities, programs, tournaments

CORRECTIONAL ADMINISTRATION | 68
and leagues all year round, to include basketball, volleyball, billiards, table tennis and chess.
These promotes camaraderie among inmates, good sportsmanship and team building.

5. The Health and Welfare Programs – this promotes healthy lifestyle through proper health care
and dietary requirements. The health care of inmate is provided through the NBP hospital and 6
other prison’s mini-hospital and clinics.

6. The Behavior Modification Program – this develops positive outlook in life and virtuous attitude
of the inmates. The therapeutic community program is one of BuCor’s achievements where it
caters to newly committed inmates especially those with drug problems.

WHAT IS THE THERAPEUTIC COMMUNITY PROGRAM (TC PROGRAM)

The therapeutic community program was adopted as part of the BuCor’s holistic approach
towards inmate rehabilitation. The program modifies negative behavior and or attitudes while restoring
self – confidence. It gradually reshapes or restructures the inmate within a family like environment,
wherein every member acts as his brother’s keepers.

The TC process allows genuine introspection, cultivation of self worth and positive
rationalization that move the individual towards assuming a greater sense of personal and moral
responsibility.

COVERAGE OF THE BUREAU OF CORRECTIONS

1. National Bilibid Prisons (Muntinlupa, Rizal)


a. New Bilibid Prisons (Main Building)
b. Camp Sampaguita
c. Camp Bukang Liwayway
d. Reception and Diagnostic Center (RDC)

2. Correctional Institution for Women (Mandaluyong)

3. The Penal Colonies:


a. Sablayan Penal Colony and Farm (Occidental Mindoro)
b. Iwahig Penal Colony and Farm (Palawan)
c. Davao Penal Colony and Farm (Central Davao)
d. San Ramon Penal Colony and Farm (Zamboanga)
e. Ilo-Ilo Penal Colony and Farm (Ilo-Ilo Province)
f. Leyte Regional Prison (Abuyog Leyte)

THE NEW BILIBID PRISON

The Bilibid Prison continued as the main national prison until 1941 when it was transferred to a
new site in Muntinlupa, Rizal. The old prison had become overcrowded because prison population
increased from year to year. The Prison at Azcarraga (now-Recto) was also fast being enveloped by
the modem structural expansion in the city so it was then necessary to move the prison from the city to
a suburban site.

CORRECTIONAL ADMINISTRATION | 69
In 1936, the City of Manila exchanged its Muntinlupa property of 552 hectares with that of the
Bureau of Prison lot in Manila. This Muntinlupa estate was originally intended as the site of the Boys
Training School but because it is far from Manila the City Government of Manila preferred the site of
the old Bilibid. The Bureau started construction of the prison in 1936.

Despite, the fact that the buildings were not yet ready; all the inmates of the Bilibid Prison in
Manila were transferred to the new site on the recommendation of the Cabinet shortly before the
outbreak of World War II. The new site occupies 552 hectares. During the war, Filipinos who were
suspected as guerrilas were sent to the New Bilibid Prison for confinement by the Japanese
Occupation Army. When Manila was liberated, Americans who were former prisoners of war were
camped in the New Bilibid Prison reservation for physical recuperation.

The Bilibid Prison is mainly - a maximum custody institution. Being the main prison, it receives
commitments from Courts of First Instance, and Criminal Circuit Courts all over the Philippines, except
those sentenced by the Courts of First Instance and Criminal Circuit Courts of Zamboanga and Sulu
who may be committed directly to the San Ramon Prison and Penal Farm. The New Bilibid Prison has
a capacity of 3,000 Prisoners.

The New Bilibid Prison operates two satellites units, namely: Bukang Liwayway Camp and
Sampaguita Camp. These two camps are located about a few hundred meters back to the New
Bilibid Prison compound.

The Bukang Liwayway Camp houses 1,500 minimum - security prisoners who work in the
various projects of the institution.
In Camp Sampaguita, the Reception and Diagnostic Center, the Medium Security Unit and the
Youth Rehabilitation Center is located.

a. The Medium Security Unit can handle a population of 700 prisoners who are employed in the
agricultural projects under guard escorts.

b. The Youth Rehabilitation Center is capable of accommodating a population of 500 inmates. This
unit offers a special treatment and training program for youthful tractable offenders.
The New Bilibid Prison specializes in the industrial type of vocational training. It operates a
furniture shop, shoe repairing shop, blacksmith and tinsmith shop, auto mechanics and automobile
body building shop, tailoring, electronics, watch-repairing carpentry, and rattan furniture shop. It is also
engaged in track gardening, poultry, piggery and animal husbandry.

The New Bilibid Prison also offers a high school course for prisoners who desire to complete
their high school education. The school is a part of the public high school of Rizal province. Since its
establishment in 1956, the school has graduated over three hundred inmates.

THE RECEPTION AND DIAGNOSTIC CENTER (RDC)

This is a special unit of prison where new prisoners undergo diagnostic examination, study and
observation for the purpose of determining the programs of treatment and training best suited to their
needs and the institution to which they should be transferred.

CORRECTIONAL ADMINISTRATION | 70
The center was opened by virtue of Administrative Order No. 8 of DOJ. IT operated as a
separate institution and is housed in one building inside the Camp Sampaguita in the New Bilibid
Prison.
It is tasked to receive study and classify all male national prisoners committed by final
judgment to the National Penitentiary. It is being headed by the Chief of the RDC.
The RD is the receiving arm of BuCor as it admits and classifies national prisoners for a period
of 60 days, including a 5 day quarantine period. These national prisoners undergo psychiatric,
psychological, medical and other examinations.
BuCor’s rehabilitation programs are introduced during this period to include the Therapeutic
Community Program, as inmates are being prepared mentally, physically and spiritually. The RDC
provides them a vital direction towards a God – centered prison life.
Towards the end of the period, diagnostic staffs consolidate and prepare their individual case
summary report. Initial staff classification is conducted and inmates are classified as either Maximum,
Medium or Minimum security inmates based on their security status and are transferred to their
respective institutional assignments.

THE QUARANTINE CELL OR UNIT

This may be a unit of the prison or a section of the RDC where the prisoner is given thorough
physical examination including blood test, x-rays, vaccinations and immunity. This is for the purpose of
insuring that the prisoner is not suffering from any contagious disease, which might be transferred to
the prison population.

THE CORRECTIONAL INSTITUTION FOR WOMEN

In 1931, the Correctional Institution for Women was established on an 18 -hectare piece of land
in Mandaluyong by authority of Act 3579, which was passed on November 27, 1929. Prior to the
establishment of this institution, female prisoners were confined in one of the wings of Bilibid Prisons.
Later the position for a female superintendent was created in. 1934. Correctional Institution for women
is an institution under the Bureau of Prison, managed by the female personnel, except the perimeter
guard who are male.
The Correctional Institution for Women is the only penal institution for women in the
Philippines. It has an average inmate population of 180. The institution conducts vocational courses in
dressmaking, beauty culture, handicrafts cloth weaving and slipper making.

PENAL COLONIES

a. Sablayan Penal Colony and Farm (Occidental Mindoro)


b. Iwahig Penal Colony and Farm (Palawan)
c. Davao Penal Colony and Farm (Central Davao)
d. San Ramon Penal Colony and Farm (Zamboanga)
e. Iloilo Penal Colony and Farm (Iloilo Province)
f. Leyte Regional Prison (Abuyog Leyte)
A. THE SABLAYAN PENAL COLONY AND FARM

In 1954, the increase in prison population was such that there was congestion again in the New
Bilibid Prison. The New Bilibid Prison which could hold only 3,000 had a population of 6,000 prisoners in
1954. On September 27, 19S4, the President of the Philippines issued -Proclamation No. 72 setting
CORRECTIONAL ADMINISTRATION | 71
aside 16,000 hectares of the virgin lands in Sablayan, Occidental Mindoro for the Sablayan Penal
Colony.
The first trailblazers were the experienced colony administrators from Iwahig Penal Colony
headed by the Assistant Superintendent of that colony - Mr. Candido Bagaoisan. Sablayan Penal
Colony enjoys the reputation of being the youngest and fastest growing colony under the Bureau.
This institution is an open or minimum-security type of institution. It has an area of 16,408.5
hectares and has an average prison population of 1,500. Rice is the principal product of the colony.
This institution is self-sufficient in rice. It also raises vegetables not only for the use of the colony, but
also for the inmates of the New Bilibid Prison.

B. THE IWAHIG PENAL COLONY

On November 16, 1904, Foreman R.J. Sheilds with her sixteen prisoners left the Bilibid Prison
by order of Governor Forbes who was the Secretary of Commerce and Police, to establish the Iwahig
Colonv in Palawan. The idea was hatched on the suggestion of then Governor Luke E. Wright who
envisioned it to be an institution for incorrigibles. The first contingent, however, revolted against the
authorities. They hogtied their Superintendent, Mr. Madaras, and could have killed him were it not for
the timely succor of the Philippine Scouts stationed in Puerto Princesa.
When the Philippine Commission, by virtue of Reorganization Act 1407, created the Bureau of
Prisons on November 1, 1905, the authorities changed the policy regarding Iwahig so that instead of
sending incorrigibles, inmates who were well behaved and declared tractable were assigned to this
colony. Today, the Iwahig Penal Colony enjoys the reputation of being one of the best open institutions
in the World. Only mutual trust and confidence between the wards and the prison authorities keep them
together, there being no walls.
At present, the Iwahig Penal Colony is a minimum custody or open institution. It has an area of
36,000 hectares and an average population of 4,000 prisoners. The colony is divided into four sub-
colonies, namely: Sta. Lucia sub-colony, Inagawan sub-Colony, Montible sub-colony and Central
sub-colony. Each sub-colony operates as a small institution under the management of a penal
supervisor.
The Iwahig Penal Colony administers the Tagumpay Settlement. The Settlement is a 1,000
hectare portion of the colony which was subdivided into 6-hectares homestead lots. These lots are
distributed to released inmates who desire to live in the settlement.
One important feature of the Iwahig Penal Colony is the privilege granted to colonists to have
their families transported to the colony at government expense and to live with them in the colonists'
village. The institution maintains various community resources such as schools, church, recreation
center, post - exchange, hospital and clinics for the colonists and their families.
The colonists who have their families with them are assigned a piece of land to cultivate and are
encouraged to raise poultry and livestock for their personal use. Their products are sold by the Colony
Post Exchange. The principal products of the Iwahig Penal Colony are rice, corn, copra, logs, minor
forest products and cattle.

C. THE DAVAO PENAL COLONY

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The Davao Penal Colony was established on January 21, 1932, in accordance, with Act No.
3732 and Proclamation No. 414, series of 1931. The first contingent of prisoners that opened the colony
was led by General Paulino Santos, its founder and the then Director of Prisons. The area consists of
18,000 hectares, mostly devoted to abaca.

In 1942, the Davao Penal Colony was used as a concentration camp for American prisoners of
war. The former inmates were all transferred to the Inagawan sub-colony in Iwahig. During the war, the
Japanese devastated the colony, destroying its buildings, machineries and industries. In August 1946,
the colony was re-established to its former productive activity by slow reconstruction. This institution is
now the main source of income of the Bureau from its vast abaca, banana, rice and other farm
industries.
At present, the Davao Penal Colony is a combination of medium and minimum custody type of
institution. The greater portions of the prison population are medium security inmates who live in a
stockade enclosed with wires. The prisoners work in the open fields under escort guards. The Davao
Penal Colony manages the biggest abaca plantation in the whole country. The colony is divided into two
sub-colonies, namely, the Panabo Sub-Colony and the Kapalong sub-colony.
Each sub-colony is headed by a Penal Supervisor. The Davao Penal Colony also raises rice,
corn kernels, copra, and cattle. It has a potential of producing rice, which will meet the needs of the
whole inmate Population of the Bureau.
The colony is engaged in a joint venture with Tagum Development Company in a 3000-hectare
banana plantation for the export of banana fruits not only to Japan but also to the Middle East countries
particularly Saudi Arabia and Egypt. The colony also operates the Tanglaw Settlement where released
prisoners of said colony are relocated as homesteaders.

D. The San Ramon Prison and Penal Farm

In 1869, the authorities saw the need of establishing one prison separate from Bilibid for those
who fought the established government. So, San Ramon Prison and Penal Farm in the southern tip of
Zamboanga was established for the confinement of political offenders. During those days a rebel who
was not shot was either sent to Guam or the Marianas or to Zamboanga.
The San Ramon Prison was named after its founder, Ramon Blanco, a Spanish captain in the
Royal Army. The purpose of this prison was for the segregation of political fecal citrates that advocated
for reforms but which reforms were rejected by the constituted authorities. Thus, Dr. Jose Rizal who
fought for reforms was considered an enemy of the government and was imprisoned in Dapitan, also in
Zamboanga.
The San Ramon Prison and Penal Farm has an area of 1,524.6 hectares. It houses maximum,
medium and minimum custody types of prisoners. Prisoners who are directly committed, by the court to
this prison are later sent to the Reception and Diagnostic Center in the Central Office for study and
diagnosis. San Ramon has an average population of 1,200 prisoners.
The principal product of the San Ramon Prison is copra, which is one of the biggest sources of
income of the Bureau of Prisons. It also raises rice, corn, coffee, cattle and livestock.
CHAPTER 10

CORRECTIONAL ADMINISTRATION | 73
BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

The BJMP exercises supervision and control over all cities and municipal jails throughout the
country. The enactment of Republic Act no. 6975 created the BJMP on June 2, 1991. It operates as a
line bureau under the Department of the Interior and Local Government (DILG).
As one of the five pillars of the Criminal Justice System, the BJMP also known as Jail Bureau
was created to address growing concern of jail management and penology problem. Primarily, its
clients are detainees accused before a court who are temporarily confined in such jails while
undergoing investigation, waiting final judgment and those who are serving sentence promulgated by
the court 3 years and below.

FOUR MAJOR AREAS OF BJMP REHABILITATION PROGRAM

1. Livelihood Projects
2. Educational and Vocational Training
3. Recreation and Sports and
4. Religious/ Spiritual Activities.
These were continuously implemented to eliminate the offenders' pattern of criminal behaviour
and to reform them to become law-abiding and productive citizens.

BJMP MISSION

The Bureau aims to enhance public safety by providing humane safekeeping and development
of inmates in all district, city and municipal jails.

BJMP VISION

The BJMP envisions itself as a dynamic institution highly regarded for its sustained humane
safekeeping and development of inmates.

BJMP FUNCTIONS

1. Formulate policies and guidelines in the administration of all district, city, and municipal jails
nationwide;
2. Implement strong security measures for the control of inmates;
3. Provide for the basic needs of inmates;
4. Conduct activities for the development of inmates;
5. Improve jail facilities; and,
6. Promote the general welfare and development of personnel.

BJMP MANDATE

CORRECTIONAL ADMINISTRATION | 74
BJMP is mandated to direct, supervise and control the administration and operation of all
district, city and municipal jails nationwide with pronged tasks of safekeeping and development of
inmates.

BJMP MAJOR PROGRAM

There are four (4) major programs under the mandate of BJMP and they are the following:
1. Inmates custody, security and control program
2. Inmates welfare and development program
3. Decongestion program
4. Good governance

PRINCIPLES OF THE BJMP

1. It is the obligation of jail authorities to confine offenders safely and provide rehabilitative programs
that will negate criminal tendencies and restore their positive values to make them productive and
law-abiding citizens.
2. No procedure or system of correction shall deprive any offender of hope for his ultimate return to the
fold of the law and full membership in society.
3. Unless provided otherwise, any person accused of a criminal offense shall be presumed innocent
and his rights, as a free citizen shall be respected, except for such indispensable restraints during
his confinement in the interest of justice and public safety.
4. Offenders are human beings entitled to the same basic rights and privileges enjoyed by citizens in a
free society, except that the exercise of these rights are limited or controlled for security reasons.
5. Health preservation and prompt treatment of illness or injury is a basic right of every person confined
in jail and it is the duty of jail facilities to arrange for their treatment subject to security measures.
6. Members of the custodial force shall set themselves as examples by performing their duties in
accordance with the rules and respect the laws duly constituted by authorities.
7. No jail personnel shall be abusive, insulting, indecent languages on the offenders.
8. No jail personnel shall use unnecessary force on offenders except for legitimate self-defense or in
cases of attempted active and passive physical resistance to a lawful order.
9. No penalty shall be imposed upon any offender for violation of rules/regulations unless in
accordance with duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no physical punishment shall
be employed as a correctional measure.
11. Members of the custodial force must understand that offenders need treatment and counseling and
the primary purpose of confinement is for safekeeping and rehabilitation.
12. When conducting routinary custodial guarding, the ratio of 1:7, or one guard for every 7 offenders
shall be observed.
13. When the offender is in transit, the ratio of 1:1+1 for every offender shall be observed. In case of
high-risk offender that demands extra precaution additional guards shall be employed. This manning
level shall be national in scope for effective jail administration.

ORGANIZATION AND KEY POSITIONS IN THE BJMP

The BJMP, also referred to as the Jail Bureau, was created pursuant to Section 60, R.A. no.
6975, and initially consisting of uniformed officers and members of the Jail management and Penology
service as constituted under P.D. No. 765.

CORRECTIONAL ADMINISTRATION | 75
RA 9263 provides that the Bureau shall be headed by a Chief with the rank of Director. He
serves a tour of duty that must not exceed four (4) years, unless extended by the President in times of
war and other national emergencies. Officers who have retired or are within six (6) months from their
compulsory retirement age are not qualified to be appointed as Jail Director or designated as BJMP
Chief.

The Chief shall be assisted by a Deputy Chief with the rank of Chief Superintendent one for
Administration, one for Operation and one Chief of Directorial Staff, all of whom are appointed by the
President upon the recommendation of the DILG Secretary from among the qualified officers with the
rank of at least Senior Superintendent in the BJMP.

They are assisted by the Directors of the Directorates in the National Headquarters who carry
the rank of at least Senior Superintendent.

The BJMP operates and maintains Regional Offices in each of the administrative regions of the
country, headed by a Regional Director for Jail Management and Penology, with the rank of at least
Senior Superintendent. The Regional Director is assisted by an Assistant Regional Director for
Administration, Assistant Regional Director for Operations, and Regional Chief of Directorial Staff, who
are all officers with the rank of at least Superintendent.
The National Headquarters is the Command and Staff Office of the BJMP, and is composed of
the Command Group, Directorates and Management Support Staff, namely:

BJMP COMMAND GROUP

1. Chief, BJMP
2. Deputy Chief for Administration
3. Deputy Chief for Operation
4. Chief of Directorial Staff

BJMP DIRECTORATES

1. Directorate for Personnel and Records Management


2. Directorate for Human Resource Development
3. Directorate for Operations
4. Directorate for Inmates Welfare and Development
5. Directorate for Logistics
6. Directorate for Comptrollership
7. Directorate for Program Development
8. Directorate for Intelligence
9. Directorate for Investigation and Prosecution

BJMP SUPPORT SERVICES

1. Office of Program Management


2. Office of Legal Services
3. Office of General Services
4. Office of Accounting Services
5. Office of Finance Services
6. Office of Supply Accountable Officer
7. Office of Internal Audit
8. Office of Chaplaincy Services
9. Office of Community Relations Services
CORRECTIONAL ADMINISTRATION | 76
10. Office of Information & Communications Tech. Services
11. Office of Health Services
12. NESJO

BJMP REGIONAL OFFICE

The BJMP operates and maintains Regional Offices in each of the administrative regions of the
country, headed by a Regional Director for Jail Management and Penology, with the rank of at least
Senior Superintendent. The Regional Director is assisted by an Assistant Regional Director for
Administration, Assistant Regional Director for Operations, and Regional Chief of Directorial Staff, who
are all officers with the rank of at least Superintendent.

JAIL PROVINCIAL ADMINISTRATOR'S OFFICE

In every province, the BJMP operates and maintains a Provincial Jail Administrator’s Office
headed by a Provincial Administrator, to oversee the implementation of jail services of all district, city
and municipal jails within its territorial jurisdiction.

DISTRICT JAIL

Within large cities or a group of clustered municipalities, a District Jail headed by a District
Warden may be established.

CITY AND MUNICIPAL JAILS

The BJMP operates and maintains City and Municipal Jails, each headed by a City or
Municipal Warden, as the case may be.

RANK CLASSIFICATION OF THE BJMP PERSONNEL

RANK POSITION TITLE

JDIR Chief of the BJMP


JCSUPT Deputy C/BJMP
JSSUPT Asst. Regional Dir.
JSUPT Asst. Regional Dir.
JCINSP Warden
JSINSP Warden
JINSP Warden
JSO4 – JO1 Jail Officers

BJMP PERSONNEL DUTIES AND RESPONSIBILITIES

1. Warden
 Direction, Coordination, and Control of the Jail
 Responsible for the Security, safety, discipline and well being of inmates
CORRECTIONAL ADMINISTRATION | 77
 The office of the warden may organize the following units:

a. Intelligence and Investigation Team - It gathers, collates and submits intelligence information
to the office of the warden on matter regarding the jail condition.

b. Jail Inspectorate Section - Inspect jail facilities, personnel, prisoners and submit reports to
the warden.

c. Public Relation Office - Maintain public relation to obtain the necessary and adequate public
support.

2. Assistant Warden
 The office of the Assistant Warden undertakes the development of a systematic process of
treatment.
 Chairman of the Classification Board and Disciplinary Board.

3. Administrative Groups
 The administrative groups take charge of all administrative functions of the jail bureau.

a. Personnel Management Branch


 Assignment of personnel
 Procedures of selection
 Preparation of personnel reports
 Individual record file

b. Records and Statistics Branch


 Keep and maintain booking sheets and arrest reports
 Keep an orderly record of fingerprints and photographs
 Present/ Prepare statistical data of inmates

c. Property and Supply Branch


 Take charge of the safekeeping of equipments and supplies and materials needed for the
operation of the jail.

d. Budget and Finance Branch


 Take charge of all financial matters such as budgeting, financing, accounting, and auditing.
e. Mess Service Branch
 Take charge of the preparation of the daily menu, prepares and cook the food and serve it to
inmates.

f. General Service Branch


 Responsible for the maintenance and repair of jail facilities and equipments. It is also task
with the cleanliness and beautification of the jail compound.

g. Mittimus Computing Branch


 Tasked to receive court decisions and compute the date of the full completion of the service
of sentence of inmates.

CORRECTIONAL ADMINISTRATION | 78
 Mittimus – is a warrant issued by a court directing the jail or prison authorities to receive the
convicted offender for the service of sentence imposed therein or for detention.

4. Security Groups
 The security groups provides a system of sound custody, security and control of inmates and
their movements and also responsible to enforce prison or jail discipline.

a. Escort Platoon

 Escort Section – to escort inmate upon order of any judicial body; upon summon of a
court; or transfer to other penal institutions.

 Subpoena Section – receives and distribute court summons, notices, subpoenas, etc.

b. Security Platoon – a three (3) working platoon shifts responsible for over - all security of the
jail compound including gates, guard posts and towers. They are also responsible for the
admitting and releasing unit.

5. Rehabilitation Purposes Groups


 This group provides services and assistance to prisoners and their families to enable them to solve
their individual needs and problems arising from the prisoners’ confinement.

a. Medical and Health Services Branch - Provides medical and physical examinations of
inmates upon confinement, treatment of sick inmates and conduct medical and physical
examinations and provide medicines or recommends for the hospitalization of seriously ill
prisoners or inmates. It also conducts psychiatric and psychological examinations.

b. Work and Education Therapy Services - it take charge of the job and educational programs
needed for rehabilitation of inmates by providing them job incentives so they can earn and
provide support for their families while in jail.

c. Socio- Cultural Services - It takes care of the social case work study of the individual
prisoners by making interviews, home visits, referral to community resources, free legal
services, and liaison works for the inmates.
d. Chaplaincy Services - It takes charge of the religious and moral upliftment of the inmates
through religious services. This branch caters to all religious sects.

e. Guidance and Counseling Services - Responsible for the individual and group counseling
activities to help inmates solve their individual problems and to help them lead a wholesome
and constructive life.

CORRECTIONAL ADMINISTRATION | 79
CHAPTER 11

BJMP INSTITUTIONAL PROCEDURES

PROCESSES INVOLVED IN THE MANAGEMENT OF JAILS

1. Reception, classification and discipline of inmates.


2. Custody, security and control including movement and transfer of prisoners and detainees.
3. Rehabilitation, including the provision of treatment program, health services, education and
training, religious services, guidance and counseling services, provision for recreation and sports
and implementation of work programs.

PROCEDURES FOR THE RECEPTION OF INMATES

1. Preliminaries which involve ensuring integrity and completeness of inmates records related to
commitment and conduct of physical search for contrabands, turn - over of inmates cash and
personal property for and other bodily marks.
2. Conduct of medical examination and preparation of inmates’ medical record.
3. Conduct of social case study by social worker, as basis for inmates’ classification and proper
segregation.
4. Provision of jail clothing for convicted inmates (detainees may be allowed to wear civilian clothes)
5. Conduct of briefing on jail rules and regulations.
6. Preparation of prison record which shall be maintained by the Warden.

ASSIGNMENT OF QUARTER

Incarceration in jail is also called preventive imprisonment. The preventive imprisonment of a


detainee may be credited in the service of prison sentence provided he agrees voluntarily in writing to
abide by the rules of the jail, particularly in work and discipline.
An evidentiary document to this effect is prepared and signed by the inmate. The same shall be
submitted to the proper court before the date set for the arraignment of the detainee.

CLASSIFICATION OF INMATES

Each jail has a Classification Board, chaired by the Assistant Warden. The Board is tasked to
determine the work assignment, type of supervision and degree of custody and restriction that must be
applied to an inmate.
Inmates are required to appear before the Classification Board to discuss the rehabilitation
program of the jail. Classification of inmates refers to their grouping according to sentence, gender,
age, nationality, health, criminal records, among others.

DISCIPLINE OF INMATES

A Disciplinary Board is organized and maintained by jails to investigate and hear disciplinary
cases involving any inmate who violates jail rules and regulations. The Board is authorized to impose
disciplinary punishments ranging from reprimand to solitary confinement. The BJMP Rules and
CORRECTIONAL ADMINISTRATION | 80
Regulation explicitly prohibit impositions of punishments that would violate the human rights of
inmates.
Discipline is central to the rehabilitation of offenders while in jails. However, while inmates must
abide by institutional rules, they also establish their own rules, they also establish their own rules for
themselves, which form part of the so called “prison culture”. This subculture has its own status
structure and hierarchy of authority.
In some jails, inmates fear reprisals for rule violations under this prison subculture than formal
administrative rules and punishments. The influence of this subculture is probably the reason why
some prohibited acts of inmates are already openly allowed or tolerated in some jails.

PROHIBITED ACTS IN JAILS

1. Minor Offenses
a. Selling or bartering with fellow inmate of items not classified as contraband.
b. Rendering of personal service to fellow inmate.
c. Untidy or dirty in his personal appearance.
d. Littering or failing to maintain cleanliness and orderliness in his quarters and or surroundings.

2. Less Grave Offenses


a. Swearing, cursing or using profane or defamatory language directed personally towards other
persons.
b. Forcing fellow inmates to render personal service to him and or others.
c.
3. Grave Offenses
a. Giving gifts, selling to or bartering with jail personnel.
b. Keeping in his possession money, jewelry and other contraband.
c. Tattooing others or avowing him to be tattooed on any part of the body, or keeping any
paraphernalia to be used in tattooing.
d. Punishing or inflicting injury or harm upon himself or other inmates.
e. Participating in any kangaroo court or mock court of inmates in a jail or prison.
f. Affiliating oneself to any gang or faction.

CUSTODY, SECURITY AND CONTROL

1. Supervision and maintenance the order and discipline of inmates on a 24 hour basis inside jail
facilities.
2. Maintenance of inner and outer perimeter security.
3. Provision of escort to inmates when attending court hearings, seeking medical services in hospital
and in other activities outside jail confinement.
4. Guard against escapes, assault on jail personnel and inmates’ disturbances.
5. Dealing with emergencies like fires, riots and the like.

INSTITUTIONAL PROCEDURES TO ENSURE SECURITY AND CONTROL

1. Strict control of firearms, bladed weapons and other potentially dangerous weapon.
2. Censorship of incoming and outgoing mails for inmates.

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3. Physical head count at specified times on a 24 hour period.
4. Development of plans and adequate preparation for emergencies and disturbances.
5. Inspection and searches of offenders and their quarters to detect contraband.

Search inspections in inmates’ cells are intended to rid of jails of prohibited items including
devices that can be used to escape or transact illegal activities within and beyond the confines of the
jail. These searches yield contrabands such as illegal drugs, alcoholic beverages, deadly weapons,
mobile phones and cash money.

REHABILITATION IN JAIL

Rehabilitations programs are intended to change inmates’ pattern of criminal behavior and
reform them into law – abiding and productive citizens. The BJMP refers to these programs collectively
as treatment program for inmates.

TREATMENT PROGRAMS IN JAILS

1. Provision for basic needs of inmates


2. Health Services
3. Education and skills training
4. Religious, guidance and counseling services
5. Recreation, sports and entertainment
6. Work programs, such as livelihood projects
7. Visitations services
8. Mail Services

LINKAGES AND COORDINATION

The BJMP coordinates with government and non – government organizations for medical, legal
and counseling service requirements of inmates. The treatment program for inmates is admittedly
budget intensive. It requires BJMP to pursue and maintain linkages with the media, religious
organizations, private enterprises, educational institutions and civil society organization, to mobilized
additional resource and source out support services.

ADMISSION AND RELEASING OF INMATES

PROCEDURE ON ADMISSION OF INMATES

A. DESK OFFICER

1. Upon commitment of an inmate, check the credentials of the person bringing the inmate to
determine his/her/their identity and authority.
2. Make sure that the following documents are available:
a. Commitment Order
b. Information/Complaint
c. Medical Certificate issued by Government Hospital
3. Examine the arrest report and the authenticity of the commitment order.

CORRECTIONAL ADMINISTRATION | 82
4. Take all cash and other personal property from the inmate, list them down on a receipt form
duplicate, duly signed by him/her and countersigned by the inmate. Original receipt should be kept
for the record and duplicate should be given to the inmate.
5. All cash and other valuables of the inmate must be turned over to the Jail Property Custodian for
safekeeping and covered by a receipt.

B. RECORDS ADMITTING OFFICER

1. Receives the documents from the DO and starts the booking procedures.
2. Inmate is fingerprinted and photographed.
3. Inmate is strip-searched to check for any markings, cuts, bruises, etc. and same shall be indicated
in the jail booking report.
4. Inmates clothing shall be checked for presence of contrabands.
5. In a dialect that the inmate understands, he/she shall be apprised of the provisions of Art 29 of the
RPC as amended by RA 6127.
6. If the inmate agrees to abide by the same disciplinary rules upon convicted inmates, he/she shall
be asked to sign a Detainee's Manifestation. Otherwise, the warden issues a Certification under
oath to the effect that the detainee was apprised of the provision of Art 29 of the RPC as amended
and that the inmate refused to sign.

C. JAIL MEDICAL OFFICER

1. Conducts thorough check-up on the overall condition of the inmate during the time he/she was
brought to the jail.
2. Checks on the entries in the medical certificate to ascertain any discrepancies and records any
findings not indicated.

D. CHIEF CUSTODIAL OFFICER OF THE DAY

1. Orients the newly committed inmate of the rules and regulations of the jail.

E. RECORDS DESK OFFICER (as the case maybe)

1. Assigns the newly committed inmate to his/her cell.

F. JAIL WARDEN

1. Coordinate with concerned agencies regarding the case of inmate for speedy disposition and to
furnish them copy of the needed documents available.

PROCEDURE TO BE TAKEN ON INMATES WHILE UNDER BJMP CUSTODY

1. The jail warden shall see to it that all the concerned agencies and persons shall be informed of the
commitment of the inmate in his/her jail by submitting a written report.
2. The warden, through his paralegal officer, shall ensure that the case of inmate is being attended to
by the courts and prosecutors' office by constantly coordinating with them with the purpose of
speeding-up the disposition of the case. For this purpose, the sharing of non-confidential
information with the concerned agencies is encouraged.
3. The following agencies/persons shall be notified by the warden upon commitment of the inmate:

CORRECTIONAL ADMINISTRATION | 83
a. Presiding Judge - mandatory (to submit list of committed inmates monthly)
b. Executive Judge/Clerk of court - mandatory (to submit list of committed inmates monthly)
c. PNP - mandatory
d. NBI - mandatory
e. Family - mandatory
f. PAO lawyer - in case of indigent inmate
g. IBP Legal aide - in case of indigent inmate and unavailability of PAO lawyer
h. Private lawyer - upon request
i. Priest or religious minister - upon request
j. Private physician - upon request
k. Commission on Human Rights - as needed / to submit list of committed inmates monthly
l. Public physician - as needed
m. Psychologist/Psychiatrist - as needed
n. Embassy - mandatory in case of foreign national/alien
o. DSWD mandatory - in case of CICL
p. Court (other branches) - in case of multiple cases

PROCEDURE ON RELEASING OF INMATES

A. DESK OFFICER
1. Upon receipt of Release Order, verifies authenticity of said order.

B. RECORDS ADMIN OFFICER

1. Starts processing inmates' release.


2. Checks inmate records to be sure that the data in the Release Order coincide with the data in the
inmates' carpeta (spelling of name, offense, Criminal Case Number, etc.)
3. Checks that the inmate has no other pending case/s
4. Routes the Release Paper to different signatories.

C. PROPERTY CUSTODIAN

1. Checks on the receipt of property and returns to the inmate his/her deposited items.
2. Makes sure that returned properties were duly received by the inmate in his/her logbook.

D. DESK OFFICER

1. Puts into record the release of inmate and the condition of the inmate upon his/her release.

E. JAIL WARDEN

1. Report to concerned agencies/persons the release of inmate for aftercare program. The following
agencies/persons shall be notified by the warden upon release of the inmate:
a. Barangay Captain – mandatory
b. Priest or religious minister mandatory
c. Family - if release is not witnessed by any member of immediate family
d. Court - in case of convicted inmate

CORRECTIONAL ADMINISTRATION | 84
CHAPTER 12

LAWS GOVERNING THE CORRECTION OF CRIMINALS

IMPORTANT FEATURES OF THE REVISED ADMINISTRATIVE CODE OF THE


PHILIPPINES

1. Sec. 1705 Title of Chapter – This chapter shall be known as the Prison Law.

2. Sec. 1706 Chief Officials of the Bureau of Prisons – The Bureau of Prisons shall have one chief and
one assistant chief, to be known respectively as the Director of Prisons, and the Assistant Director of
the Prisons. These officers shall be supplied with furnished quarter at the main prison and shall be
allowed laundry service and such other services as shall be sanctioned by the Department Head.

3. Sec. 1707 General Jurisdiction of Bureau of Prisons shall have the general supervision and control
of National Provincial prisons of all penal settlements and shall be charged with the safekeeping of
all prisoners confined therein or committed to the custody of said Bureau.

4. Sec. 1708 Main Prison – In the main prison shall be confined all national prisoners except as
otherwise provided by law or regulations. This prison may also be used as a place of detention for
other classes of prisoners or for the temporary safekeeping of any person detained upon legal
process.

5. Sec. 1709 Iwahig Penal Colony – In the Iwahig Reservation, in the Province of Palawan, there shall
be maintained an institution subsidiary to the main prison, to be known as the Iwahig Penal Colony.
In this colony shall be kept such prisoners as may be transferred thereto from the main prisons in
accordance with the regulations to be prescribed The Director of Prisons, with the approval of the
Department Head, shall establish and maintain a general store for the sale of merchandise which
may be required by the residents of the settlement, and for their own profit.

Colony produce may be sold to others than residents of the settlement should there be more to
be disposed of than is required for the use of the colony and Sec. 1710 Superintendent of the colony –
Justice of the Peace. The Iwahig Penal Colony shall be under the immediate supervision of a
superintendent, who shall be an “ex officio” justice of the peace and shall, within the limits of the colony,
have jurisdiction and all powers conferred upon justices of the peace by the laws of the Philippines. (No
longer applicable)

6. Sec .1711 privileges based upon behavior and services – Persons detained at the Iwahig Penal
Colony shall be known as colonists, and they may be divided into classes and graded according to
conduct, efficiency, and length of services and subject to such regulations as shall be prescribed in
reference thereto, they may be granted such extraordinary privileges as in the in the judgment of the
superintendent of the colony their conduct, behavior, habits of industry, and length of service may
justify.

7. Sec. 1712 Fishing rights in water adjacent to colony – The fishing right in the waters of the bay along
the shore line of the eastern boundary of the Iwahig Penal Colony, Island of Palawan, for distance
seaward of one and one quarter statute miles are reserved for the exclusive use of the government,

CORRECTIONAL ADMINISTRATION | 85
for the subsistence and maintenance of the colonist, the prison officials and their families in said
colony, and such pardoned or release colonist as may continue to reside therein.

8. Sec. 1713 Assignment of land and implements to colonists – Any colonist detained at the Iwahig
Penal Colony may be provisionally granted a suitable plot of land within the reservation for the
purpose of cultivating and improving the same, and may be deemed necessary for the proper
cultivation of said land.

9. Sec. 1714 Families of colonists – The Iwahig Colonists may, subject to the regulations of the Bureau
governing the colony, be allowed to have their wives, children, and women to whom they are to be
married, transported to the colony at government expense and to have their families live on the
reservation. Such privileges may, in any case, be revoked at any time by order of the superintendent
of the colony, with the approval of the Director of Prisons. All members of the families of colonists
living on the reservation shall be subject to the regulations governing the colony.

10. Sec. 1715 Clothing and household supplies for colonists’ families – In addition to the subsistence for
colonists’ wives and children hereinabove authorized, the superintendent of the colony may furnish a
special reward to such colonists as in his opinion may merit the same, reasonable amount of
clothing and ordinary household supplies to be paid out of the regular appropriation for the
maintenance of the Iwahig Penal Colony. Sources of this character may also be made by way of
loan, subject to repayment if the financial condition of the colonist at a later date should warrant.

11. Sec. 1716 Participation of colonists in proceeds of products – Products grown, manufactured, or
otherwise produced by the colonists may be sold under the supervision of the superintendent; and
subject to such regulations as may be prescribed in reference thereto, the persons producing the
same may be allowed such part of the proceeds thereof as shall be approved by the Department
Head.

12. Sec. 1717 Monthly allowance in cash – Colonists occupying positions of special trust may, with the
approval of the Department Head, be granted a monthly allowance in cash, not exceed five pesos,
or an equivalent amount of supplies from the general store, to repaid for from the regular
appropriation for contingent expenses of the Iwahig Penal Colony.

13. Sec. 1718 Right of released colonists to remain in colony – On the expiration of the sentence of any
colonists he may, subject to the regulation, be allowed to continue to reside upon the reservation
and to cultivate land occupy a house to be designated and selected by the superintendent of the
colony.

14. Sec. 1719 Supply store for Iwahig Penal Colony – The Director of Prisons, with the approval of the
Department Head, shall establish and maintain a general store for the sale of merchandise which
may be required by the residents of the settlement, and for their own profit. Colony produce may be
sold to others than residents of the settlement should there be more to be disposed of than is
required for the use of the colony and the main prisons. The supply store fund shall be reimbursable,
the receipts from the business of the supply store being available for the payment of the costs of
supply and other expenses incident to the conduct of said store, without reappropriation.

15. Sec. 1720 San Ramon Penal Farm – A penal farm shall be maintained at San Ramon, in the
Province of Zamboanga , for the confinement of national prisoners and such other prisoners as may
be remitted thereto in accordance with law. The Director of Prisons shall have authority to designate
the superintendent of the San Ramon Penal Farm as a summary court officer, by whom members of
the San Ramon Penal Farm guard may be tried for violation of the regulations governing the same
for willful or neglectful waste, loss or destruction of arm, immunizations or accounterments, for
disobedience or disrespect toward their superior officers, absence from quarters of duty without
CORRECTIONAL ADMINISTRATION | 86
leave, drunkenness, abandonment of employment without having secured proper release, willful
violation or neglect of duty, or misconduct to the prejudice of good order and discipline. The
punishment which may be imposed by this summary court shall not exceed the forfeiture of one
month’s pay, or discharge.

16. Sec. 1723 Detail of prisoners to public works – The President of the Philippines may from time to
time, detail national prisoners to work in any part of the Philippines upon any public work not within
the purview of section one thousand seven hundred and twenty-seven hereof; and the Department
Head shall fix the terms and conditions upon which any branch of the Government may receive the
labor of such national prisoners.

17. Sec. 1724 Regulations of Bureau of Prisons – The regulations of the Bureau of Prisons shall contain
such rules as well best promote discipline in all national and provincial prisons and penal institutions
and best secure the reformation and safe custody of prisoners of all classes.

18. Sec. 1725 Duty of prison authorities to enforce sanitary orders of Director of Health – The Officers in
charge of all prisons, penal settlements, jails and other places of confinement shall comply and
cause to be executed all sanitary orders, and put into force all sanitary regulations issued by the
Director of Health for their several institutions.

19. Sec. 1726 Mode of treatment of prisoners – Prisoners shall be treated with humanity. Juvenile
prisoners shall be kept, if the jail will admit of it, in apartment separate from those containing
prisoners of more than eighteen years of age; and the different sexes shall be kept apart. The visits
of parents and friends who desire to exert a moral influence over prisoners shall at all reasonable
times be permitted under proper regulations.

20. Sec. 1727 Liability of prisoners to labor – All convicted able bodied, male prisoners not over sixty
years of age, may be compelled to work in and about prisons, jails public buildings, ground, roads
and other public works of the National Government the province, or the municipalities, under general
regulations to be prescribed by the Director of Prisons, with the approval of the Department Head.
Persons detained on civil process or confined for contempt of court and persons detained pending a
determination of their appeals may be compelled to police their cells and to perform such other labor
as may be deemed necessary for hygienic or sanitary reasons.

21. Sec. 1728 Assignment of women to work – Convicted female prisoners may be assigned to work
suitable to their age, sex, and physical condition.

22. Sec. 1729 Provincial Jails –– A jail for the safe keeping of prisoners shall be maintained at the
capital of each province: and in the absence of special provisions all expenses incidents to the
maintenance thereof and of maintaining prisoners therein be borne by the province.

23. Sec. 1730 Visitation and inspection of provincial jails ─ The Judge of the Court of First Instance and
the Provincial Board shall, as often as the Judge of the Court of First Instance is required to hold
court in the province, make personal inspection of the provincial jail as to the sufficiency thereof for
the safekeeping and reformation of prisoners, their proper accommodation and health, and shall
inquire into the manner in which the same has been kept since the last inspection.
A report of such visitation shall be submitted to the Secretary of Justice, who shall forward the
same or a copy thereof to the Director of Prisons. Once during each month the senior inspector of
constabulary in the province shall visit the provincial jail and make report upon its condition to the
Director of Prisons.

CORRECTIONAL ADMINISTRATION | 87
24. Sec. 1731 Provincial governor as keeper of jail – The governor of the province shall be charged with
the keeping of the provincial jail and it shall be his duty to administer the same in accordance with
law and the regulations prescribed for the government of provincial prisons. The immediate custody
and supervision of the jail may be committed to the care of a jailer to be appointed by the provincial
governor.

The position of jailer shall be regarded as within the unclassified civil service but may be filled in
the manner in which classified positions are filled, and if so filled, the appointee shall be entitled to all
the benefits and privileges of classified employee, except that he shall hold office only during the term of
office of jailer is appointing governor and until a successor in the office of jailers is appointed and
qualified, unless sooner separated.
The provincial governor shall, under the direction of the provincial board and at the expense of
the province, supply proper food and clothing for the prisoners, through the provincial board may, in its
discretion, let the contract for the feeding of the prisoners, to some other person.

25. Sec. 1732 Amount of allowance for feeding of prisoners – The ordinary allowance to be made by the
provincial board for the feeding of prisoners by the governor of the province or such other person as
may have the contract therefore shall, in case of persons arrested on criminal process, not exceed
twenty centavos each per day; but the provincial board may pay more when necessary to the proper
maintenance of the prisoners. The compensation for the support of the prisoner arrested on civil
process shall be at the rate of forty centavos per day, to be advance weekly to the jailer by the
plaintiff in the civil process, and to be taxable as costs.

26. Sec. 1733 Record of prisoners to be kept by jailer – The governor, or the jailer appointed him, shall
kept a true and exact record of all prisoners committed to the provincial prisoners awaiting trial
before the Court of First Instance detained in any municipal jail of the province which record shall
contain the names of all persons who are committed, their place of abode, the time of commitment,
the cause of their commitment, the authority that committed them, and the description of their
persons, and when any prisoner is liberated such calendar shall state the time when and the
authority by which such liberation took place; if any prisoner shall escape, it shall state particularly
the time and manner of escape; if any prisoner shall die, the date and cause of his death shall be
entered on the record.

27. Sec. 1734 Submission of record to court – At the opening of each term of the Court of First Instance
within his province, the governor shall return a copy of such record under his name to the judge of
such court; and if the same be not forthcoming, it shall be the duty of the judge to require its
production under penalty of contempt.

28. Sec. 1735 Transfer of custody of jail to Constabulary Officer – In any province in which, in the
opinion of the President, the provincial jail is not safely guarded, shall have authority by executive
order to direct that the senior Constabulary Officer of such province shall take custody of the jail
under the supervision of the provincial governor and guard the prisoners therein, using for this
purpose members of the Philippine Constabulary as jail guards.

Such action shall in no wise alter the liability of the province for the expenses incident to the
maintenance of prisoners or the keeping, repair, and construction of the jail; but the payment and
subsistence of the Constabulary guard shall be at the expense of the Constabulary.

CORRECTIONAL ADMINISTRATION | 88
29. Sec. 1736 Preservation of documents relating to confinement of prisoners – All warrants and
documents of any kind, or attested copies thereof, by which a prisoner is committed or liberated,
shall be regularly indorsed, filed and kept in a suitable box by such governor or by his deputy acting
as a jailer, and such box, with its contents, shall be delivered to the successor of the officer having
charged of the prisoner.

30. When a prisoner is confined by virtue of any process direct to the governor or sheriff and which shall
require to be returned to the court whence it issued, such governor or sheriff shall keep a copy of the
same, duly certified by said governor or sheriff, shall be presumptive evidence of his right to retain
such prisoner in his custody.

31. Sec. 1737 transfer of prisoners to jail of neighboring province – In case there should be no jail in any
province or in case a provincial jail of any province be insecure or insufficient for the accommodation
of all provincial prisoners, it shall be the duty of the provincial board to make arrangements for the
safekeeping of the prisoners of the province with the provincial board of same neighboring province
in the jail of such neighboring province , and when such arrangement has been made it shall be the
duty of the officer having custody of the prisoner to commit him to the jail of such neighboring
province, and he shall be there detained with the same legal effect as though confined in the jail of
the province where the offense for which he was arrested was committed.

32. Sec. 1738 Use of jail for detention of fugitive from justice – Any provincial jail may be used for the
safekeeping of any fugitive from justice from any province, and the jailer shall in such case be
entitled to receive the same compensation for the support and custody of such fugitive from justice
as is provided for other prisoners, to be paid by the officer demanding the custody of the prisoner,
who shall be reimbursed for such outlay as a part of the costs of the prosecution.

33. Sec. 1739 Persons deemed to be municipal prisoners – The following persons are to be considered
municipal prisoners:

a. Persons detained or sentenced for violation of municipal or city ordinances.


b. Persons detained pending trial before justices of peace or before municipal courts.
c. Persons detained by order of a justice of the peace or judge of municipal court pending preliminary
investigation of the crime charged, until the court shall remand them to the Court of First Instance.

34. Sec. 1740 Persons deemed to be provincial prisoners - The following persons, not being municipal
prisoners shall be considered provincial prisoners: Persons detained pending preliminary
investigation before the Court of First Instance.

35. Sec. 1741 National prisoners - Prisoners who are neither municipal or provincial prisoners shall be
considered national prisoners, among whom shall be reckoned, any event all persons sentenced for
violation of the Customs Law or other law within the jurisdiction of the Bureau of Customs or
enforceable by it, and for violation of the Election Law.

36. Sec 1742. Confinement of Provincial prisoners in municipal jails - When the sentence of the
provincial prisoner does not exceed three months, the provincial board may authorize his
confinement during such period in a municipal jail if in the judgment of said board the public interest
will be sub serve thereby. Provincial boards, may, also, with the approval of the Secretary of the

CORRECTIONAL ADMINISTRATION | 89
Interior, direct the confinement of persons detained pending preliminary investigation before a judge
of the Court of First Instance in the jail of the municipality where such investigation or trial is to be
held, if no provincial jail be located therein.

37. Sec 1743. Confinement of municipal prisoners in provincial jail - Provincial boards may, with the
approval of the President, direct the confinement of municipal prisoners in provincial jails when by
reason of the lack, inadequacy, or when in their judgment such confinement would best sub serve
the public interest.

38. Sec. 1744 Expense of maintenance - Except as otherwise specifically provided the expense of the
maintenance of prisons shall be borne as follows; regardless of the placed of confinement: in the
case of the municipal prisoner, by the city or municipality in which the offense with which the
prisoner is charged or of which he stands convicted was committed: in the case of a provincial
prisoner, by the province in which the offense was committed; and in the case of the national
prisoner, by the Bureau of Prisons.

39. Sec. 1745 Status of prisoners as affected by parole, allowance of good behavior, etc. - The
provision of law relative to paroles, conditional pardons, and the diminution of sentences for good
behavior shall not be construed to change the original status of prisoners or to affect liability for their
maintenance.

40. Sec. 1746 Status of prisoner as affected by appeal - Pending an appeal, the status of a prisoner
shall not be changed, and whenever upon appeal to, or review by, a higher court, the status of a
prisoner, as herein before fixed, shall be changed by an increase or diminution of his sentence, the
responsibility of the National Government or the provinces or municipalities, as the case may before
the maintenance of such prisoner due to such change in sentence shall take effect from the date of
judgment of the higher court and shall not be retroactive.

41. Sec. 1747 Transportation expenses payable by municipality - All actual and necessary expenses
incurred in the transportation and guarding the subsistence of prisoners during transportation, from
municipal jails, except the expenses of the Constabulary escorts, if any, shall be paid from the funds
of the proper municipality.

42. Sec. 1748 Transportation expenses payable by province - All actual and necessary expenses
incurred in the transportation, and guarding the subsistence during transportation, of national
prisoners from provincial jails to a National Prison, reformatory, or national penal institution, except
the expenses of the Constabulary escort, if any there be, shall be borne by the proper province.

43. Sec. 1749 Return transportation to be borne by Bureau of Prisons - The return transportation of all
discharged national prisoners from their place of confinement to their homes shall be paid out of the
appropriation for the Beau of Prisons, except as otherwise specially provided.

44. Sec. 1750 Transfer of prisoners from provincial or municipal jail to national prison or vice-versa -
When, in the discretion of the President of the Philippines, the unsanitary or insecure condition of
any provincial or municipal jail makes it advisable or when the public interests require, he may
transfer to any national prison or penal institution all or any of the prisoners committed to such jail,
and may also direct the return of said prisoners to provincial or municipal jails when deemed
expedient.

The President of the Philippines may also, whenever in his opinion it will be to the best interest
of the province or municipality concerned, authorize the confinement of any prisoner sentenced to less
than three months imprisonment, including subsidiary imprisonment, in the jail of the municipality

CORRECTIONAL ADMINISTRATION | 90
wherein the prisoner may have been convicted. The order of commitment of such prisoners, together
with a copy of the order directing their transfer, shall accompany the prisoners and be delivered with
them to the officer in charge of the penal institution to which they are sent.
The expenses of the transportation, guarding, subsistence, care, and maintenance of any
prisoner transferred to any national prison or penal institution, or returned to any province for trial or for
appearance as a witness or otherwise hereunder shall be a charged against the treasury of the province
from which he was transferred; and the amount of said expenses shall be fixed by the Department
Head, with the approval of the President of the Philippines.

45. Sec. 1751 Transportation and clothes for released prisoners - Upon the release of a national
prisoner he shall be supplied by the Bureau of Prisons with transportation to his home, including a
gratuity to cover the probable cost of subsistence enroute, and if necessary, a suit of clothes of the
value of not more than ten pesos, or in case the prisoner is deported, of not more than forty pesos.

PHILIPPINE CORRECTIONAL PHILOSOPHIES AND THEIR LEGAL BASIS

THE PHILIPPINE CONSTITUTION OF 1997

1. The state values the dignity of every human person and guarantees full respect for human rights.
(Sec 11, Art. II)
2. No person shall be detained solely by reason of his political beliefs and aspirations. (Sec 18 (1), Art.
III)
3. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been fully convicted. (Sec. 18 (2), Ibid.)
4. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. x x x
(Sec. 19 (2). Ibid.)
5. The employment of physical, psychological, or degrading punishment against any prisoner or the
use of substandard or inadequate penal facilities under subhuman conditions shall be dealt by law.
(Sec.19 (2), Ibid.)

RULES FOR THE TREATMENT OF PRISONERS (DOJ, JAN 7, 1959)

1. The purpose of committing a prisoner to prison is two-fold: To segregate from society a person who
by his acts has proven himself a danger to the free community, To strive at the correction or
rehabilitation of the prisoner with the hope that upon his return to society he shall be able to lead a
normal well adjusted and self supporting life as a good and law abiding citizen.

2. There is no man who is all bad and there is something good in all men. (Art. I)

THE REVISED PENAL CODE

“No felony shall be punishable by any penalty not prescribed by law prior to its commission”.
(Art. 21, RPC)

CRIMINAL OFFENSES INVOLVING PRISONERS

1. Delay in the Delivery of Detained Persons to the Proper Judicial Authorities.

CORRECTIONAL ADMINISTRATION | 91
(Art 125, RPC), A felony committed by a public officer or employee who shall detain any person
for some legal ground and shall fail to deliver such person to the proper judicial authorities with in the
period of:
 12 hours – for crimes or offenses punishable by light penalties,
 18 hours – for crimes or offenses punishable by correctional penalties,
 36 hours – for crimes or offenses punishable by afflictive or capital penalties.

The crime of Arbitrary Detention is committed when the detention of a person is without legal
ground.The legal ground of detention are : a) commission of a crime and b) violent insanity or other
ailment requiring compulsory requirement.
2. Delaying Release
This is committed by a public officer or employee who delays for the period of time specified in
Art 125, the performance of any judicial or executive order for the release of a prisoner or unduly delays
the services of the notice of such order to said prisoner.
3. Delivery of Prisoners from Jail (Art. 156, RPC)
Elements:
a. The offender is a private individual,
b. He removes a person confined in jail or a penal institution or helps in the escape of such person,
c. The means employed are violence, intimidation, bribery or any other means.
The prisoner maybe a detention or sentenced prisoner and the offender is an outsider to the jail.
If the offender is a public officer or a private person who has the custody of the prisoner and who helps
a prisoner under his custody to escape, the felony is Conniving with or Consenting to Evasion (Art.
223) and Escape of a Prisoner under the custody of a person not a public officer (Art. 225)
respectively.
This offense like other offenses of similar nature may be committed through imprudence or
negligence.
4. Evasion of Service of Sentence (Art 157-159, RPC)
a. Evasion of Service under Art 157, RPC
Elements:
 Offender is a prisoner-serving sentence involving deprivation of liberty by reason of final judgment.
 He evades the service of his sentence during the term of his imprisonment.
 This felony is qualified when the evasion takes place by breaking doors, windows, gates, roofs or
floors; using picklocks, false keys, disguise, deceit, violence, intimidation or; connivance with other
convicts or employees of the penal institution. (Jail breaking is synonymous with evasion of
sentence).

b. Evasion of Service of Sentence on the Occasion of Disorders due to Conflagrations,


Earthquakes, or Other Calamities (Art. 158, RPC)
Elements:
 Offender is a prisoner serving sentence and is confined in a penal institution.
 He evades his sentence by leaving the institution.
 He escapes on the occasion of a disorder due to conflagration, earthquake, explosion, or similar
catastrophe or mutiny in which he has not participated, and
 He fails to give himself up to the authorities with in 48 hours following the issuance of a proclamation
by the Chief Executive regarding the passing away of the calamity.
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A special time allowance for loyalty shall be granted. A deduction of one-fifth of the period of the
sentence of any prisoner who evaded the service of sentence under the circumstances mentioned
above. The purpose of the law in granting a deduction of one-fifth (1/5) of the period of sentence is to
reward the convict’s manifest intent of paying his debts to society by returning to prison after the
passing away of the calamity. Whenever lawfully justified, the Director of Prisons (Bureau of
Corrections) shall grant allowance for good conduct and such allowances once granted shall not be
revoked.
c. Other cases of Evasion of Service of Sentence (Art. 159, RPC)
 The violation of any conditions imposed to a Conditional Pardon is a case of evasion of service of
sentence.
 The effect of this is, the convict may suffer the unexpired portion of his original sentence.

5. Infidelity of Public Officers


a. Infidelity in the Custody of Prisoners Through Connivance (Art.223, RPC) - A felony committed
by any public officer who shall consent to the escape of a prisoner in his custody or charge.
b. Infidelity in the Custody of Prisoners through Negligence (Art. 224, RPC) - A felony committed by
a public officer when the prisoner under his custody or charge escaped through negligence on
his part.
c. Escape of a Prisoner under the Custody of a Person not a Public Officer. (Art 225, RPC)

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

1. Maltreatment of Prisoner (Art. 235, RPC)


Elements:
a. Offender is a public officer or employee
b. He overdoes himself in the correction or handling of such prisoner by imposition of punishment
not authorized by regulation or by inflicting such punishment in a cruel and humiliating manner.

The felony of Physical Injuries if committed if the accused does not have the charge of a
detained prisoner and he maltreats him. And if the purpose is to extort a confession, Grave Coercion
will be committed.

GOOD CONDUCT TIME ALLOWANCE (GCTA)

Good conduct time allowance is a privilege granted to a prisoner that shall entitle him to a
deduction of his term of imprisonment. Under Art.97, RPC, the good conduct of any prisoner in any
penal institution shall entitle him to the following deduction from the period of his sentence:
1. During the first two years of imprisonment, he shall be allowed
a deduction of twenty (20) days for each month of good behavior during detention .
2. During the third to the fifth year, inclusive, of his imprisonment,
he shall be allowed a reduction of twenty-three days for each month of good behavior during detention .
3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of twenty-five days for each month of good behavior
during detention.

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4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during
detention.
5. At any time during the period of imprisonment, he shall be
allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of
study, teaching or mentoring service time rendered.

CHAPTER 13

MODERNIZATION LAW FOR JAILS AND PRISONS

The Bureau of Jail Management and Penology (BJMP), being the lead agency in managing the
jails in the country was created under RA No. 6975. The organization was strengthened by the
enactment of RA No. 9263 (An act providing for the professionalization of the BFP and the BJMP) to
exercise supervision and control over all district, city and municipal jail nationwide.

On the other hand, the Bureau of Corrections, being the handler of all national prisons received
the BuCor Modernization Law that would drive the Bureau of Corrections from its old aged reference of
Prison Law of 1917 to the present times through Republic Act No. 10575 known as the Bureau of
Corrections Act of 2013.

This law will strengthen the BuCor by upgrading the prison facilities, restructuring the Bureau
and professionalizing the system which include increasing the salary of personnel.

FEATURES OF RA NO. 10575

1. The State recognizes the need to professionalized and restructure the BuCor through upgrading its
entire management system.
2. The law effectively made the BuCor a uniformed bureau. As a uniformed bureau, the compulsory
retirement age is 56 years old.
3. The head of the Bureau is referred to as the Director General with 3 Deputy Directors – all of them
will be appointed by the President as recommended by the Secretary of Justice. They have a term
of office not to exceed 6 years.
4. The Bureau shall operate with a directorial structure. (Hence, reception and diagnostic center will
be renamed as Directorate for Reception and Diagnostics, etc.)
5. All BuCor land accordingly shall proceed to work on the administrative process and have a
certificate of title registered under its name.
6. The law likewise contemplates the formation of Philippine Corrections Academy patterned after the
Philippine National Police Academy and Philippine Military Academy.
7. Position title of personnel is also changed to follow the ranking system similar to the uniformed
service.
8. All positions in the Bureau of Corrections shall be governed by Civil Service Commission Rule on
Qualification Standards. Those without eligibility therefore will be given 5 years within which to
qualify or would be subjected to attrition, that is, separated or retired from the service.

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9. The law effectively increases one grade higher than the previous based line grade 4 officers at the
top and those at the rear have an increase of 5 salary grade.

REFERENCES

Mercedes A. Foronda(2014), Correctional Administration 1 (Institutional Based Correction, 2nd


ed.),

Rommel K. Manwong(2014) , Corrections and Restorative Justice

www.bucor.com

www.bjmp.com

https://www.lawphil.net/statutes/repacts/ra2013/ra_10592_2013.html

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