CA 2

LESSON;

1. Community-based Correction and its Background

2. Probation
3. Parole
4. Pardon and other Forms of Executive Clemency
5. The Indeterminate Sentence Law (ISLAW) (Act No. 4103, as amended)
6. The Future of Corrections

Discussion

7. Community-based Correction and its Background

Introduction:
Not all convicted offenders have to serve their sentence behind bars. Some are allowed to
stay in the community, subject to condition imposed by the Government. They are either granted by
Probation, Parole, Conditional Pardon or Recognizance.

Objective: at the end of the lesson the students are expected to;
 Familiarized the advantages of Community based corrections
 Discuss, Enumerate the programs of community based correction.
 The students will be able to familiarized and differentiate the Entities of the Government task for
providing Community-Based Correction
 Identify the Purpose, Functions, and Current Issues and Concerns on Community-Based
Corrections

Discussion;

Community Based Correction

A non-institutional correction refers to the method of correcting sentences offenders without

having to go to prison. The advantages of this is that it is less costly of the part of the government, the
offenders family need not suffer since the offender will not be sent away from them and he will still be
able to go on with his life and livelihood thereby enabling him to support his family.

Advantages of community based corrections are:

1. Convicts under community-based correction are more capable to compensate their victims
through restitution or to pay-back the community through community service.
 2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in
prisons who will only influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus corrections can be made and be more
effective.

Community Based Correction Programs

1. Probation – Is a disposition, under which a defendant after conviction and sentence, is released
subject to the conditions imposed by the Court and to the supervision of a probation officer.
2. Parole – A conditional released from prison of a convicted person upon service of the minimum
of his indeterminate penalty.
3. Pardon – A form of executive clemency which is exercise exclusively by the Chief Executive.
Pardon maybe given conditionally (conditional pardon) or unconditionally (absolute pardon). For
the purpose of Non-Institutional Correction, it is the Conditional Pardon with Parole conditions
is under consideration.
4. Executive Clemency – Refers to Absolute Pardon, Conditional Pardon with or without parole
conditions and Commutation of Sentence as may be granted by the President of the Philippines
upon the recommendation of the Board of Pardons and Parole. Under the Law the President has
the power to grant pardons, commutations, reprieves, amnesty for all offences except
impeachment cases and remit fines and forfeitures after the recipient has been convicted.
5. Absolute Pardon – Refers to the total extinction of the criminal liability of the individual to
whom it is granted without any condition whatsoever and restores to the individual his civil
rights and remits the penalty imposed for the particular offence of which he was convicted.
6. Conditional Pardon – Refers to the exemption of an individual, with in certain limits or
conditions from the punishment that the law inflicts for the offence he has committed resulting
in the partial extinction of his criminal liability. It is also granted by the President of the
Philippines to release an inmate who has been reformed but is not eligible to the released of
parole.
7. Amnesty – A special form of Pardon exercised by the President of the republic is amnesty.
Amnesty is a general pardon extended to a certain class of people who are usually political
offenders.
8. Reprieve – Prerogative exercised by the President of the Philippines. it is applied to death
sentences already affirmed by the Supreme Court. The date of execution of sentence is
temporary postponed indefinitely to enable the Chief Executive to thoroughly study the petition
of the condemned man for commutation of sentence or pardon.
9. Commutation of Sentence – Refers to the reduction of the duration of a prison sentence. It is
another prerogative of the President. It is an act of clemency by which a heavier or longer
sentence is reduced to a lighter or shorter term. Death sentence or life imprisonment is reduced
to a shorter sentence. Commutation does not forgive the offender but merely reduced the
penalty of life imprisonment or death sentence for a term of years.

Note:
 For simple infraction of laws or ordinances, Community Service may likewise be considered as
community-based correction. This is imposed to require the violators to render community
service in lieu of payment of fine and/or imprisonment.

Other Community-Based Correction Programs

 In other jurisdictions, parole, probation and conditional pardon have always been a way of
community correction, but with technological advancement and considering the psychology of
convicted people, correction programs has widened to accommodate the following;
1. Work releases
2. Day fine program
3. Electronic monitoring
4. Home confinement
5. Community service
6. Half way houses
7. Boot camp prison
8. Restitution
9. Check-in programs
10. Mediation
11. Curfew
12. Restoration justice system
13. Drug check
14. Alcohol check
15. Other methods where there is a certain level of trust between the offenders and the people
involved.

Entities of the Government task for providing Community-Based Correction

1. Parole and Probation Administration (PPA)
 Conduct investigations of all cases in relation to parole, probation and pardon
 Responsible for the supervision of all parolees, probationers and conditional pardon
grantees
2. Board of Pardon and Parole (BPP)
 Authority in granting parole
 Responsible for recommending the grant of pardon and executive clemency to the
president
3. Department of Social Welfare and Development
 Handling cases of Child in Conflict with the Law (CICL)

Benefits of Community-Based Correction

1. Strengthening family ties through avoidance of broken family relationships
 The treatment and rehabilitation of convicted offenders is done outside the institutional
facilities hence, family members will not suffer broken family due to imprisonment of one of
its member.
2. Prevention of Influence Contamination
 Putting convicted felon to a prison may expose him to hardened criminals who might
influence him to be a more hardened criminal than before.
3. Engagement of Community Involvement
 Rehabilitation can be more effective with the help of the members of the community
4. Assurance of Individualized Treatment Approach
 These programs provide individualized treatment program for the convicts which is if
not available, it is hard to attain in correctional institution.
 5. It is more economical than institution-based correction on the part of the government.

Purpose
1. Facilitating Convicts Reintegration
2. Fostering Convicts Rehabilitation
3. Providing an Alternative Range of Convicts Punishment
4. Heightening Convicts Accountability

Functions
1. Client monitoring and supervision to ensure program compliance
2. Ensuring public safety
3. Employment assistance
4. Individual and group counseling
5. Educational training and literacy services
6. Networking with other community agencies and business
7. Reducing jail and prison overcrowding

Current Issues and Concerns on Community-Based Corrections

1. Public resistance against non-institutional correction
2. Punishment against rehabilitation and reintegration
3. Convicted individual needs safety as well as the public
4. Availability of rehabilitation services
5. Education and training for rehabilitation service providers
6. Coping with special needs of the convict

2. Probation

When the sentence imposes a fine only and the offender is made to serve a subsidiary imprisonment in
case of insolvency, the period of probation shall not be less than nor more than twice the total number
Introduction:
Probation as a term was derived from the Latin verb “probare” which means to prove or
to test, which was coined by John Augustus. The Law defined probation as a disposition, under which a
convicted individual is released subject to the condition imposed by the Court and to the supervision of a
probation officer.

Objective: at the end of the lesson the students are expected to;
 Discuss Probation
 Enumerate and memorized the laws that amends on PD 968
 Enumerate and differentiate the forerunners of probation
 Discuss the Characteristics, Philosophy, and concept of Probation
 Enumerate, and memorized the Pioneers in the Field of Probation
 Discuss the advantages of Probation
Discussion;

PROBATION
Predecessors of Probation
 Money Compensation
 Cities of Refuge
 Benefit of the Clergy
 Judicial Reprieve
 Banishment
 Recognizance

PROBATION - is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer
PD 968 - THE PROBATION LAW OF 1976
- approved on 24 July 1976; effectivity date is 3 January 1978

AMENDATORY LAWS TO PD 968

 PD 1257 – effectivity date, 01 December 1977; amended the period within which application for
probation must be made
 BP 76 – effectivity date, 13 June 1980; amended the maximum penalty for qualification for
probation
 PD 1990 - effectivity da te, 15 January 1986; amended BP 76 back to original form and made
probation and appeal exclusive remedies
 Republic Act No. 10707 – An Act Amending PD.No 968, as Amended – This Act which is
consolidated of Senate Bill No. 2280 and House Bill No. 4147, passes on the Senate and House
of Representatives. It was sign and approved on November 26,2015 by President Benigno S.
Aquino III
 Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006 – amended Section 4 of
PD 968.

PROBATIONER -is a person placed on probation

PROBATION OFFICER (now Probation and Parole Officer) -is one who investigates for the court a
referral for probation or supervises a probationer or both

FORERUNNERS OF PROBATION
1. BENEFIT OF CLERGY
This originated in a compromise with the Church which had maintained that a member of
the clergy brought to trial in a King’s Court might be claimed from that jurisdiction by the bishop
or chaplain representing him, on the ground that he, the prisoner, was subject to the authority of
the ecclesiastical courts only.
 2. JUDICIAL REPRIEVE
This is a temporary withholding of sentence, either before or after judgment; as where the
judge is not satisfied with the verdict, or evidence is suspicious, or indictment is insufficient, or
he is doubtful whether the offense be within the clergy, or sometimes if it be a small felony, or
any favorable circumstances appear in the criminal’s character.
3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)
It originated as a measure of preventive justice, involving the release of the person
accused of committing a crime to the custody of a person of reputable character, who shall have
the responsibility of bringing the accused to court whenever the court requires.
4. TRANSPORTATION
This was chiefly a way of ridding the country of criminals; it later developed as a plan for
supplying new colonies with cheap labor. It was also an attempt to substitute for brutal
punishment at home and an opportunity for rehabilitation in a new country.

IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION

JOHN AUGUSTUS “Father of Probation” in the US

MATTHEW DAVENPORT HILL he is considered as the “Father of Probation” in England
Governor Alexander H. Rice 30th Governor of Massachusetts
Calvin Coolidge 30th U.S. President
John Marshal U.S. Chief Justice
TEODOLO S. NATIVIDAD Father of Philippine Probation
Ferdinand E. Marcos Pd.No 968
EDWARD H. SAVAGE an ex-chief of Police in Boston named as the first probation officer.
Act No. 4221
– the first Probation Law of the Philippines
– this act became effective on August 7, 1935
– the Supreme Court declared this Act unconstitutional on November 16, 1937

In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was challenged because of the
following grounds:
a) The said act encroaches upon the pardoning power of the executive
b) That it constitute an undue delegation of legislative power
c) It denies the equal protection of the laws

SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION

1. A more enlightened and humane correctional system;
2. To promote the reformation of offenders;
 3. Reduction of the incidence of recidivism;
4. Extending to offenders individualized and community-based treatment programs instead of
imprisoning them;
5. Limited to offenders who are likely to respond thereto favorably;
6. The method is less costly than confinement.

PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM

1. There is no single cause for delinquent behavior. Human beings are extremely complicated.
2. Delinquent and criminal acts are symptoms a more serious underlying condition.
3. That the individual has the ability to change and to modify his anti-social behavior with the right
kind of help.
4. The Central goal of the Probation Administration is to enhance the safety of the community by
reducing the incidence of criminal acts by persons previously convicted.
5. This is of course not to say that probation should be used in all cases, or that it will always
produce better results.
6. By the same token, however, it is to say that probation is a good bit more than the “matter of
grace” or “leniency” which characterizes the philosophy of the general public and of many judges
and legislators on the subject.
7. Imprisonment as a sole cure for prevalence of crime is no longer recognized.
8. It is generally conceded that probation is a matter of privilege to be granted or refused at the
discretion of the State.
9. No violation should result in automatic revocation.
10. A judge should not pass judgment on a man without a post sentence investigation report (PSIR).

BENEFITS OF PROBATION
Probation protects society
 From the excessive costs of detention
 From the high rate of recidivism of detained offenders

Probation protects the victim

 It provides restitution
 It preserves justice

Probation protects the family

 It does not deprive the wife and children of a husband and a father
 It maintains the unity of the home

Probation assists the government

 It reduces the population of prisons and jails
 It lessens the clogging of courts
 It lightens the load of prosecutors
 It sustains law enforcement

Probation helps the offender

 It maintains his earning power
 It provides rehabilitation in the community
 It restores his dignity
Probation justifies the philosophy of men
 That life is sacred
 That all men deserve a second chance
 That an individual can change
 That society has a moral obligation to lift the fallen

ADVANTAGES OF PROBATION

1. Probation prevents crime by offering freedom and aid only to those offenders who are not likely
to assault the society again.
2. It protects the society by placing under close supervision non-dangerous offenders while
undergoing treatment and rehabilitation in the community.
3. It conforms to modern humanistic trends in penology.
4. It prevents youthful or first time offenders from turning into hardened criminals.
5. It is a measure of cutting enormous expense in maintaining jails.
6. It reduces recidivism and overcrowding in jails and prisons.
7. It reduces the burden on the police forces and institutions of feeding and guarding detainees.
8. It gives the first and light offenders a second chance in life and provides as opportunity for the
reformation of a penitent offender.
9. It makes the offender productive or taxpayers instead of tax eaters.
10. It restores to successful probationers his civil rights.
11. It has been proven effective in developing countries that have adopted it.

SUSPENSION OF EXECUTION OF SENTENCE

The court convicts and sentences the defendant but the execution of the sentence, whether it
imposes a term of imprisonment or a fine only, is suspended and the defendant is released on probation.

PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT

Probation is not demandable as a matter of right. It is a privilege. Its grant depends upon the
discretion of the court.
NECESSITY OF APPLICATION
Probation may not be granted except upon application of the defendant.
TIME FOR APPLICATION
The law says that the application for probation should be made within the period for perfecting an
appeal, or within fifteen (15) days from promulgation of notice of judgment.
EFFECT ON APPEAL
The filing of application (for probation) shall be deemed a waiver of the right to appeal. In such
case the accused cannot, even by withdrawing his application for probation, reinstate his appeal or right to
appeal.
EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL
There is nothing in the Probation Law which indicates that the defendant’s right to move for a
reconsideration of the judgment of conviction, or his right to ask for new trial, is waived or suspended by
his application for probation, or that such application has the effect of an automatic withdrawal of a
pending motion for reconsideration or new trial, although there is likewise nothing in the law which
suggests that the filing of the application for probation interrupts the running of the period for
reconsideration or new trial.
FORM OF APPLICATION
The law does not prescribe any particular form and therefore it may be in any form, written or
oral. For recording purposes, however, oral applications should be reduced to writing.
POST SENTENCE INVESTIGATION
The Probation Law provides that “no person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and the best
interest of the public as well as that of the defendant will be served thereby".

The probation officer shall submit to the court the investigation report on an applicant not later
than sixty (60) days from receipt of the order of the said court to conduct the investigation.

The court shall resolve the petition for probation not later than fifteen (15) days after receipt of
said order.

DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR

INVESTIGATION
However, there is nothing in the law which requires that such an investigation should be
conducted in every case as an essential condition before the court may deny an application for probation.

COURT MAY ORDER INVESTIGATION SO LONG AS APPLICANT IS NOT SERVING

SENTENCE

If there is an application and the defendant does not appear to be disqualified, the court may order
such investigation only after a sentence of conviction by the trial court for the reason that the same would
be premature if made prior to said conviction, considering that the judgment might eventually be an
acquittal or, even if it be conviction, the court might find as a fact in its decision that the defendant is a
disqualified offender, in either of which cases the order for investigation would serve no purpose.

POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE INVESTIGATION

Under our Probation Law, the investigation for probation is a post-sentence, not pre-sentence
investigation; meaning that the investigation is after, not before, the sentence. The sentence referred to is
the sentence of the trial court.

SCOPE OF INVESTIGATION
The inquiry should be a thorough investigation into the character, antecedents, environment,
mental and physical condition of the offender, and available institutional and community resources, as
well as all other matters bearing the following questions:

(a) Whether or not the offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution;
(b) Whether or not there is undue risk that during the period of probation the
offender will commit another crime;
(c) Whether or not probation will depreciate the seriousness of the offense
committed.
NO RIGHT TO COUNSEL
The Probation Law has no provision guaranteeing the right to counsel in the investigation of a
petitioner. The constitutional guarantee of right to counsel will not apply because the investigation by the
probation and parole officer is neither prosecutory nor accusatory in character.

PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE

The information contained in the post-sentence investigation report shall be “privileged” and
could not be used as evidence against any person, no matter how incriminating the information may be.

NO SUBPOENA POWERS
Probation and parole officer are not clothed with subpoena powers under the Probation Law.
There is nothing to prevent them, however, from requesting the court to issue subpoenas requiring the
attendance of witnesses in their investigations.

SUBMISSION OF INVESTIGATION REPORT

The investigation report having been completed, the Chief Probation and Parole Officer should
submit his report to the court, “not later than 60 days from receipt of the order of the court to conduct
the investigation”. The same period is merely directory, not mandatory, in the sense that an investigation
report submitted after 60 days would still be a valid report.

NO COPY OF REPORT FOR APPLICANT

The investigation report as well as the supervision history “shall be privilege and shall not be
disclosed directly or indirectly to anyone other than the Parole and Probation Administration or the court
concerned.

NO RIGHT OF APPLICANT TO COMMENT ON REPORT

There is nothing in the Probation Law which entitles the applicant to submit any comment, or
demand that the court should consider the same.

HEARING NOT REQUIRED

There is nothing in the Probation Law which requires the court to set for hearing the investigation
report or the application for probation, although it may of course, in its discretion do so, preserving at all
times, however, the confidentiality of the report.

The court is mandated to resolve the petition for probation not later than 15 days after receipt of
the investigation report. The period, however, seem to be merely directory, not mandatory.

BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION

Pending submission of investigation report and the resolution of the petition for probation, the
defendant may be allowed temporary liberty under his bail filed in the criminal case. In case no bail was
filed or the defendant is incapable of filing one, the court may allow the release of the defendant on
recognizance to the custody of a responsible member of the community who shall guarantee his
appearance whenever required by the court.

GRANT OR DENIAL OF PROBATION

PROBATION DISCRETIONARY
 Barring disqualified offenders, the grant or denial of probation is a matter of discretion on the part
of the court.

ISSUANCE OF PROBATION ORDER

A probation order shall take effect upon its issuance, at which time the court shall inform the
offender of the consequences thereof and explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of another offense, he shall serve the penalty
impose for the offense under which he was placed for probation. In the event that violation of any of the
conditions of probation is established, the court need not revoke the probation; it has the discretion to
revoke or continue the probation and modify the conditions thereof.

APPLICANT MAY REJECT GRANT OF PROBATION

The law does not oblige the defendant to accept the probation granted by the court. He should be
allowed to turn down the same grant, especially since he might feel that the terms and conditions thereof
are too onerous for him.

GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI MAY LIE

CIVIL LIABILITY NOT AFFECTED

Probation is a substitute for imprisonment (including subsidiary imprisonment in case of non-

payment of fine) and other criminal penalties, not a mode of discharging the civil liability, which is owed
not to the State but to the offended party.

COVERAGE OR SCOPE OF APPLICATION OF DECREE

Non-offenders not covered

Consistently with the concept and purpose of probation, the Decree applies only to offenders.

Offenders covered
The Decree declares, “it shall apply to all offenders”.

Offenders who are excluded

Not all offenders, however, fall within its coverage:

1. It expressly excludes from its operation “those entitled to the benefits of PD 603, as amended
(otherwise known as the Child and Youth Welfare Code) and similar laws.
2. Even if the offender does not fall under the terms of the Child and Youth Welfare Code and the
“similar laws” just mentioned, he would not be entitled to the Benefits of the Decree if he has not
been convicted and sentenced.
3. An offender who is already serving sentence or is otherwise specifically disqualified under Sec.
9.
4. Under Sec. 264, BP 881 as amended by BP 882, 883 and 884, which state, “any person found
guilty of any election offense under this code shall be punished with imprisonment of not less
than 1 year but not more than 6 years and shall not be subject to probation.
5. Sec. 9, Pd 1987 (An Act creating the Videogram Regulatory Board, dated October 5, 1985) states
“The provisions of PD 968, as amended shall not apply in cases of violations of this Decree,
including its implementing rules and regulations.
6. Sec. 12 of the Wage Rationalization Act (RA 6727) provides that the violators of the law shall
not be entitled to the benefits of the Probation Law.
DISQUALIFIED OFFENDERS

Sec. 9. Disqualification Offenders – The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six
years;
(b) convicted of subversion or any crime against the national security or
public order;
(c) who have previously been convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day and/or a fine of not less than
Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree;
and
(e) who are already serving sentence at the time the substantive provisions
of this Decree became applicable pursuant to Sec. 33 hereof

When the court must deny probation

The court shall deny an application for probation whenever it finds that:

a. the offender is in need of correctional treatment that can be provided most

effectively by his commitment to an institution;
b. there is undue risk that during the period of probation the offender will commit
another crime;
c. probation will depreciate the seriousness of the offense committed.

PERIOD OF PROBATION

a. The period of probation of a defendant sentenced to a term of imprisonment of

not more than one (1) year shall not exceed two (2) years, and in all other cases, said period shall
not exceed six (6) years.
b. of days of subsidiary imprisonment as computed in the rate established in Art.
39 of the Revised Penal Code, as amended.

CONDITIONS OF PROBATION
1. General or Mandatory Conditions

 Present himself to the probation (and parole) officer designated to undertake his
supervision at such place as may be specified in the order within 72 hours from receipt of
said order;

 Report to the probation (and parole) officer at least once a month at such time and place
as specified by the said officer.

2. Special or Discretionary Conditions

The court may also require the probationer to:

(a) cooperate with the program of supervision;

(b) meet his family responsibilities;
 (c) devote himself to specific employment and not to change said employment without prior
written approval of the probation (and parole) officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for the purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of
persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit the probation (and parole) officer or an authorized social worker to visit his home
and place of work;
(j) reside at premise approved by it and not to change his residence without its prior written
approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience

MODIFICATION OF PERIOD AND CONDITIONS OF PROBATION

Period of probation
 The period of probation may either be shortened or made longer, but not to exceed the period
set in the law.

Conditions of probation
 During the period of probation, the court may, upon application of either the probationer or the
probation officer, revise or modify the conditions of probation.

The court shall inform in writing the probation officer and the probationer of any change in the period
and conditions of probation.

REVOCATION OF PROBATION
Concept of violation of probation
 “A violation of probation shall be understood to mean any act or any commission on the part of
the probationer with respect to the terms and conditions specified in the probation order.

Arrest of the probationer

At any time during probation, the court may issue a warrant for the arrest of the probationer for
violation of any of the conditions of probation.

TERMINATION OF PROBATION
A. After the period of probation and upon consideration of the report and recommendation of the
probation and parole officer, the court may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions of his probation and thereupon the case is
deemed terminated.

B. Other ways of terminating probation:

1.Termination before the expiration of the period
2.Termination by pardon of the probation
3.Deportation of the probationer
4.Death of the probationer

C. Effect of final discharge

 The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to fully discharge his liability for any fine imposed as
to the offense for which probation was granted.

CONFIDENTIALITY OF RECORDS

The probation records may be found, firstly, in the court concerned. Secondly, in the office of the
Chief Probation and Parole Officer assigned in the city or province. Thirdly and fourthly, copies of these
records are being forwarded to the Regional Parole and Probation Office and the Parole and Probation
Administration (Central Office).

3. Parole
Introduction:
Parole is just like conditional pardon. It refers to the conditional released of a convict
from a correctional institution after he serves the minimum term of his prison sentence. It does not have
the effect of extinguishing the criminal liability of the convict.

Objective: at the end of the lesson the students are expected to;
 Discuss Parole
 Enumerate and discuss the Principles of Parole
 Be familiarized of the terminologist in Correctional Administration
 Memorized the important personality in Parole
 Differentiate and discuss the persons who were qualified and dis-qualified in Parole

Discussion;
Parole
Parole – is also described as a method of selectively releasing an offender from institution prior to
completion of his maximum sentence, subject to conditions specified by the paroling authority.

Principles of Parole
 The government extends to the convicts a privilege by releasing them from prison before their
full sentence is served.
 The government inters a released contract with the convicts in exchange for their promise to
abide by certain conditions.
 Convicts who violate the law or the conditions of the parole can be return to prison to complete
their sentences.
 The government retains control of parolees until they are dismissed from parole.

Definition of Terms
1. Board – refers to the Board of Pardons and Parole
2. Carpeta – refers to the institutional record of an inmate which consists of his mittimus or
commitment order issued by the Court after conviction, the prosecutors information and the
decisions of the trial court and the appellate court, if any; certificate of non-appeal, certificate of
detection and other pertinent documents of the case;
3. Director – refers to the Director of the Bureau of Corrections
 4. Parole – refers to the conditional release of a prisoner from a correctional institution after he has
served the minimum of his prison sentence.
5. Parole Supervision – refers to the supervision/surveillance by the Probation and Parole Officer
of a Parolee.
6. Parolee – refers to a prisoner who is released on parole
7. Penal Superintendent – refers to the Officer-in-Charge of the New Bilibid Prison, the
Correctional Institution for Women and the prison and penal farms of the bureau of Corrections.
8. Prison Record – refers to the information concerning an inmate personal circumstances, the
offence he committed, the sentence imposed, the criminal case number in the trial and appellate
courts, the date he commended serving his sentence, the date he was received for confinement,
the place for confinement, the date of expiration of the sentence, the number of previous
convictions, if any, and his behavior or conduct while in prison.
9. Probation and Parole Officer – refers to the probation and parole officer undertaking the
supervision of the parolee.
10. Regional Director – refers to the Head of the Parole and Probation Administration in the region.
11. Released Document – refers to the “Discharge on Parole” issued by the Board
12. Warden – refers to the Officer – In –Charge of the Provincial, City, Municipal or district Jail.

Important Personalities
 Prior to the mid-nineteenth century most offenders were sentenced to flat or determinate
sentences in prison. Under this type of sentencing, an offender received a specific amount of
time to serve in prison for a specific crime. This created a major problem when prisons became
crowded. Governors were forced issue mass pardons or prison warded had to randomly
released offenders to make room for entering prisoners.
 Credit for developing early parole systems is usually given to an Englishman:

1. Captain Alexander Macanochie(1787-1860)

He was appointed governor of the notorious English penal colony at Norfolk Island of the
coast of Australia. At the time conditions were so bad that, allegedly, men who received reprieves
from the death penalty wept. The first thing Macanochie did was to eliminate the flat sentence
structure used in Norfolk at the time of his arrival. Instead of requiring convicts to serve their
sentences with no hope of release until the full sentence had been served, Macanochie initiated a
“mark system” whereby a convict could earn freedom by hard work and good behavior in the
prison. The earned marks could be used to purchase either goods or a reduction in sentence.
Prisoners had to pass through a series of stages beginning with strict imprisonment through
conditional release to final freedom. Movement through the stages was dependent upon the
number of marks accredited.

2. Sir Walter Crofton (1815-1897)

He initiated a system incorporating three classes of penal servitude: strict imprisonment,
indeterminate sentences, and tickets-of-leave. This indeterminate system or Irish system, as it
came to be known, permitted convicts to earn marks to move from solitary confinement to a
return to the community on a conditional pardon or ticket-of-leave.

3. Zebulon Reed Brockway (1827-1920) Father of prison reform and father of American Parole in U.S
A penologist similar to Maconochie and Crofton, believed inmates should be able to earn their
way out of prison through good behavior. Thus, they should receive a sentence that could vary in
length depending upon their behavior in prison. In this opinion this had two advantages. First, it
 would provide a release valve for managing prison populations. Second it would be valuable in
reforming offenders because they would be earning release by demonstrating good behavior.

Who are eligible for Parole?

A prisoner is eligible for parole once the inmate had served the minimum sentence, less Good
Conduct Time Allowance (GCTA) earned, of his indeterminate prison sentence the maximum period of
which exceeds one (1) year except under the following circumstances:
b. when sentence is Reclusion Perpetua;
c. those convicted of treason, conspiracy or proposal to commit treason;
d. those convicted of misprision of treason, rebellion, sedition or espionage;
e. those convicted of piracy;
f. those who are habitual delinquents;
g. those who escaped from confinement or evaded sentence;
h. those were granted conditional pardon and violated any of its terms;
i. those whose maximum term of imprisonment does not exceed one (1) year or are with a definite
sentence;
j. those suffering from any mental disorder as certified by a psychiatric report of the Bureau of
Corrections or the National Center for Mental Health;
k. those who have conviction is on appeal; and
l. those who have a pending criminal case for an offense committed while serving sentence.

When to apply?
Upon proving that the prisoner, who is confined in a jail or prison to serve an indeterminate
prison sentence, has served the minimum period of said sentence.

Considerations for the grant of Parole and Conditional Pardon

1. Evidence that the petitioner will find legitimate source of livelihood upon release
2. Petitioner has a place to established residence
3. Availability of after-care services for old, seriously ill or physically disable petitioner.

Special Consideration for the Grant of Parole and Conditional Pardon

1. Old age, provided the inmate is below 60 years of age when crime is committed.
2. Physical disability, provided such physical disability is not present when the crime was
committed.
3. Serious illness duly certified by a government physician.
4. Similar circumstances which show that the continued imprisonment will be inhuman or will pose
grave danger to the life of the petitioner.

Rules after Grant of Parole

 1. Transfer of residence – a parolee may not transfer from one place of residence designated in his
release Documents without the prior written approval of the regional Director subject to
confirmation of the Board.
2. Outside Travel – The Chief Probation and Parole officer may authorized a parolee to travel
outside his area of operational jurisdiction for a period of not more than 30 days. A Travel for
more than 30 days shall be approved by the Regional Director.
3. Travel Abroad and/or Work abroad – any parolee under active supervision who has no
pending criminal case in any court may apply for overseas work or travel abroad. However such
application for travel abroad shall be approved by the PPA Administrator and confirmed by the
Board.
4. Death of the Parolee – if a parolee dies during parole supervision, the PPO shall immediately
transmit a certified true copy of the parolee’s death certificate to the Board recommending the
closing of the case.

Reports to be accomplished by the Supervising PPO

1. Progress Report – when a parolee commits another offense during the period of his parole
supervision and the case filed against him has not yet been decided by the court or on the
conduct of the parolee while under supervision.
2. Infraction report – when the parolee has been subsequently convicted of another crime.
3. Violation report – when a parolee commits any violation of the terms and conditions appearing
in his Release Document or any serious deviation or non-observance of the obligations set forth
in the parole supervision program.
4. Summary Report – after the expiration of the maximum sentence of a parolee, the PPO
concerned shall submit to the Board, through the Chief Probation and Parole officer, a Summary
Report on his supervision of a parolee.

Termination of Parole Supervision

 Certificate of final release and discharge – upon the receipt of the Summary Report, the Board
shall, upon the recommendation of the Chief Probation and Parole Officer that the parolee has
substantially complied with all the conditions of his Released Document, issue to the parolee a
certificate of Final Release and Discharge.
 Effect of Certificate of Final Release and Discharge – upon the issuance of a certificate of
Final Release and Discharge, the parolee shall be finally released and discharged from the
conditions appearing in his released document. Note; the accessory penalties of the law which
have not been expressly remitted therein shall subsist.
 Transmittal of Certificate of Final release and discharge – the Board shall forward a certified
true copy of the certificate of final release and discharge to the parolee, the court which imposed
the sentence, the PPO concerned, the BuCor, NBI, PNP and the Office of the President.
1. Petition, contents and endorsement
2. Time and Form of application
3. Transmittal of Carpeta and prison record.

4. Pardon and other Forms of Executive Clemency

Introduction:
 Pardon
Section 19, Article VII of the 1987 Constitution:
“Except in cases of impeachment or as otherwise provided in this Constitution, the President may
grant reprieve, commutations, and pardons and remit fines and forfeitures, after conviction by final
judgment
He also have the power to grant amnesty with the concurrence of a majority of all the members
of the Congress”

Objective: at the end of the lesson the students are expected to;
 Discuss Pardon
 Enumerate and discuss the two kinds of Pardon
 Enumerate the purposes of absolute pardon
 Discuss Board of Pardons and Parole
 Differentiate Pardon to Amnesty
 Discuss Commutation of Sentence and Reprieve

Discussion;

Pardon, concept and definition

Pardon is a form executive clemency which is exercised by the Chief Executive. It is an act of
grace and the recipient of pardon is entitled to it is as matter of right. The exercise of pardon is vested in
the executive, is discretionary and is not subject to review or judicial notice by the court. Neither does the
Legislative Branch of Government have the right to establish conditions nor provide procedures for the
exercise of the same. Hence, it is vulnerable for abuse by the executive.

Is the Pardoning Power of the President Absolute?

NO. The Constitution itself provides for limitations to wit:
1. Pardon cannot be granted in case of impeachment
(Section 19, Article VII of the 1987 Constitution). In a very strict sense, an impeachment
proceeding is not judicial proceeding neither criminal prosecution and therefore beyond the ambit
of Pardoning Power. But when the government official is already impeached from his office and
latter on charged and convicted criminally in an ordinary criminal action, the President may
extend pardon to him..
2. No Pardon can be granted for violation of any election laws, rules and regulation without
the favorable recommendation of the Commission on Election
(Section 5, Article IX (C). This provision is a good guard for the President in exercising this
power in favor to her political party mates who violated election laws for her to win the
presidency.

Under Section 5 of the General Guidelines for Recommending Executive Clemency which is
approved and released by the Department of Justice on June 26, 2003, provides among another
that:

“The Board of Pardons and Parole shall refer matters pertaining to executive clemency for
comments and recommendation as follows:
 a. To the Commission on Elections, if it involves violation of election laws, rules and
regulation.
b. To the Secretary of National Defense and Secretary of Interior and Local Government, if it
involves crimes against national security or public order or the law of nation, and
c. To the Department of Foreign Affairs, if the prisoner is an alien.
It is worth to note that in cases of number 2 and 3, the President may disregard these because
it is not belong to the Constitutional Limitation in Exercising pardon.

3. Pardon can be granted only after conviction by final Judgment

There is no room for pardon when the case has not yet reached its finality. In the case of former
President Estrada, his appeal from the Judgment of Sandiganbayan was withdraw to make it final
and for him to avail the privilege of pardon.

4. Pardon must yield to the Doctrine of Separation of Powers. A Pardon cannot be

extended to a person convicted of legislative contempt, as this would violate said doctrine, or of
civil contempt since this would involve the benefit not of state itself but of the private litigant
whose right have been violated by the person declared in contempt.
It is also well settled that pardon cannot also be extended for the purpose of absolving the
pardonee of civil liability, including judicial costs, since again, the interest that is remitted does
not belong to the state but to the private litigant. Pardon also will not restore offices forfeited.

Two kinds of Pardon

There are two kinds of pardon, the absolute and conditional pardon. An absolute pardon is one
extended without any conditions or strings attached, whereas a conditional pardon is one under which the
convict is oblige to follow certain conditions.
Where the pardon is absolute the convicted person has no option at all and must accept it whether
he likes it or not. His consent to absolute pardon is not indispensable hence, it is valid upon issuance.
Whereas, in the case of conditional pardon the convicted person has the right to reject or refuse
the pardon if he feels that the condition imposed is not favorable on his part. This kind of pardon is
considers a contract between the pardoning authority and the pardonee hence, consent is indispensable for
its validity.

Purpose of absolute pardon

1. To do away with miscarriage of justice
2. To keep punishment abreast with the current philosophy, concept or practice in the administration
of justice.
3. To restore full political and civil right of the persons who have already served their sentence and
have waited the prescribed period.
4. To avoid political crisis or tumultuous political situation

Board of Pardons and Parole (BPP)

The BPP is the administrative arm of the President of the Philippines in the exercise of his
constitutional power to grant pardon.
The BPP is composed of seven (7) members all appointed by the president with the Secretary of
Justice as acting chairman. However in practice, one of the undersecretaries of Justice is serving as
Acting Chairman. The law requires that the six board members should include a sociologist, a clergyman,
an educator, a lawyer, a penologist, and at least one is a woman.

How to avail the privilege of conditional pardon?

 To avail his privilege, a qualified inmate, his family or relatives, or upon recommendation of
prison authorities will file a petition for conditional pardon addressed to the President. The request will be
forwarded to the Board of Pardons and Parole, which will process the same before making their
appropriate actions.

Factors to be considered by the Board of Pardons and Parole in recommending pardons to the President
In acting on petitions for pardon, the BPP shall consider, among others, the following;
1. age of petitioner
2. the gravity of the offence
3. the manner in which it was committed. and
4. the institutional behavior or conduct and previous criminal record, if any of the petitioner.

However, the BPP may consider a petition for absolute pardon even before the lapse of the
periods provided by the guidelines, in special cases such as when the petitioner is seeking reinstatement in
the government service, needs to go abroad to undergo medical treatment which is not available in the
country, will take government or BAR examination or is immigrating.

Extraordinary Circumstances
The Board shall recommend to the President the grant of executive clemency when any of the
following extraordinary circumstances are present;
1. The trial court or appellate court in its decision recommended the grant of executive clemency for
the inmate;
2. Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the
crime committed;
3. Evidence which the court failed to consider, before conviction which would have justified an
acquittal of the accused;
4. Inmates who were over fifteen (15) years but under eighteen(18) years of age at the time of the
commission of the offence;
5. Inmates who are seventy (70) years old and above whose continued imprisonment is inimical to
their health as recommended by a physician of the bureau of corrections hospital and certified
under oath by a physician designated by the department of health;
6. Inmates who suffer from serious, contagious or life-threatening illness disease, or with severe
physical disability such as those who are totally blind, paralyzed, bedridden, etc. As
recommended by a physician of the bureau of corrections hospital and certified under oath by a
physician designated by the department of health;
7. Alien inmates where diplomatic considerations and amity among nations necessitate review; and
8. Such other similar or analogous circumstances whenever the interest of justice will be served
thereby.

Other Circumstances
When none of the extraordinary circumstances enumerated in Section 3 exist, the Board may
nonetheless review and/or recommend to the President the grant of executive clemency to an inmate
provided the inmate meets the following minimum requirements of imprisonment:

A. For Commutation of Sentence, the inmate should have served:

a) At least one-third (1/3) of the definite or aggregate prison term;
b) At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison term;
 c) At least ten(10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished under republic act no. 7659 and other special
laws;
d) At least thirteen (13) years for inmates whose indeterminate and/or definite prison terms were
adjusted to a definite prison term of forty (40) years in accordance with the provisions of
article 70 of the revised penal code as amended;
e) At least fifteen (15) years for inmates convicted of heinous crimes/offenses as defined in
republic act no. 7659 or other special laws, committed on or after january 1, 1994 and
sentenced to one (1) reclusion perpetua or one (1) life imprisonment;
f) At least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua of life
imprisonment for violation of republic act no. 6425, as amended, otherwise known as “the
dangerous drugs act of 1972” or republic act no.9165 also known as “the comprehensive
dangerous drugs act of 2002”, and for kidnapping for ransom or violation of the laws on
terrorism, plunder and transnational crimes;
g) At least twenty (20) years for inmates sentenced to two (2) or more reclusion perpetua or life
imprisonment even if their sentences were adjusted to s definite prison term of forty (40)
years in accordance with the provisions of article 70 of the revised penal code, as amended;
h) At least twenty-five (25) years for inmates originally sentenced to death penalty but which
was automatically reduced or commuted to reclusion perpetua or life imprisonment.

B. For Conditional Pardon, an inmate should have served at least one-half of the maximum of the
original and/or definite prison term.

Notice to the Offended Party

In all cases when an inmate is being considered for executive clemency, the Board shall notify the
offended party or, in the event that the offended party is unavailable for comment or otherwise cannot be
located, the immediate relatives of the offended party. Said persons shall be given thirty (30) days from
notice to comment on whether or not executive clemency may be granted to an inmate. Provided that, in
matters of extreme urgency or when the interest of justice will be served thereby, such notice maybe
waived or dispensed with by the Board. In such a case, the Board shall explain the reason for the waiver
of such notice in the Board Resolution recommending executive clemency.

Publication of Names of Those Being Considered for Executive Clemency

The Board shall cause the publication once in a newspaper of national circulation the names of
inmates who are being considered for executive clemency. Provided, however, that in cases of those
convicted of offenses punished with reclusion perpetua or life imprisonment by reason of Republic Act
No. 9346, publication shall be once a week for three (3) consecutive weeks.
Any interested party may send to the Board written objections/comments/information relevant to
the cases of inmates being considered for executive clemency not later than thirty (30) days from date of
publication.
Provided that, in matters of extreme urgency or when the interest of justice will be served
thereby, above publication may be waived or dispensed with. In such publication, in the Board resolution
recommending executive clemency.

When the Pardon grantee fails to comply with the conditions of pardons
In case of violations of the conditional pardon, the pardon itself is deemed invalidated and the
pardonee may be either recommitted by the President under the Administrative Code or prosecuted for
violation of conditional pardon under Article 159 of the Revised Penal Code.
 Under the Revised Penal Code, the Penalty of prison correctional in its minimum period shall be
imposed upon the convict, except when the penalty remitted is higher than six years, in which event shall
serve the unexpired portion of his original sentence.

Revocation of Conditional Pardon by the President shall not be reviewed by court

The determination of violation of conditional pardon rests exclusively in the sound judgment of
the Chief Executive and the courts will not interfere by way of review with any of its findings (Espuelas
v. Prov. Warden of Bohol, 108 PHIL. 353)

Legal Effect of Pardon

The legal effect of pardon is to restore not only the convict’s liberty but also his civil and political
rights. However, in the case of Monsanto v. Factoran (170 SCRA 190) the Supreme Court declares that
“pardon does not ipso facto restore a convicted felon to public office necessarily relinquished or forfeited
by reason of the conviction although such pardon undoubtedly restores his eligibility for appointment to
that office”

Amnesty
The act of an authority (as a government) by which pardon is granted to a large group of
individuals. A sovereign act of oblivion or forgetfulness (from Greek amnestia,”forgetfulness”) granted
by a government, especially to a group of persons who are guilty of (usually political) crimes in the past.
It is often conditional upon the group’s return to obedience and duty within a prescribed period.

Pardon
 Pardon is granted by the Chief Executive
and therefore it is private act which must
be pleaded and proved by the person
pardoned because the court take no notice
thereof
 It can only be granted after conviction
 It is granted to individual
 Pardon looks backward and relieves the
offender from the consequences of an
offense of which he has been convicted. It
abolishes or forgives the punishment, and
for that reason it does not work the
restoration of the rights to hold public
office, or the right of suffrage, unless such
rights be expressly restored by the terms
of the pardon, and it in no case exempts
the offender from payment of the civil
indemnity imposed upon him by the
sentence
Amnesty
 It is the proclamation of the Chief
Executive with the concurrence of the
Congress, hence it is a public act which
the court should take judicial notice
 Amnesty can be granted before or after
the institution of the criminal prosecution
and sometimes after conviction
 Granted to classes of person or
communities who may be guilty of
political offences
 Amnesty looks backward and abolishes
and puts into oblivion the offense itself, it
so overlooks and obliterates the offense
with which he is charge that the person
released by amnesty stands before the law
precisely as though he had committed no
offense.
Commutation of Sentence
The reduction of a sentence for a criminal act by action of the executive head of the government.
Like pardon, commutation of sentence is a matter of grace, not of right; it is distinguish from pardon,
however, in that the conviction of crime is not nullified. The commutation, hence, may be granted on
condition that the criminal observe certain restrictions for the balance of his original sentence. Many
states have statutes providing for commutation sentence as a reward for good conduct during
imprisonment. Once earned, the commutation becomes a matter of right and maybe enforced by court
action.

Reprieve
The act of postponing the enforcement of a sentence, particularly a death sentence, to allow an
appeal

Remit Fines and Forfeitures

Prevents the collection of fines or the confiscation of forfeited property; it cannot have the effect
of returning property which has been vested in third parties or money already in the public treasury.

5. The Indeterminate Sentence Law (ISLAW) (Act No. 4103, as amended)

Topic 1
Introduction: The basic mandate of the Indeterminate Sentence Law is the imposition of an
indeterminate sentence which is comprised by a MINIMUM term and a MAXIMUM term. The court
instead of imposing a “straight” penalty, the court must determine two penalties. It is indeterminate in the
sentence after serving the MINIMUM, the convict maybe released on parole, or if he is not fitted for
release, he shall continue serving his sentence until the end of the MAXIMUM.

Objective: at the end of the lesson the students are expected to;
 Define and discus the The Indeterminate Sentence Law
 Enumerates the coverage of the application of ISLAW
 Classify those who are disqualified for ISLAW

Discussion;

Indeterminate Sentence is a sentence with a minimum and a maximum term benefit of a guilty person,
who is not disqualified therefore, when the maximum penalty of imprisonment exceeds one year. It
applies to both violations of the Revised Penal Code (RPC) and Special Penal Laws (SPL)

The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary
and excessive deprivation of personal liberty and economic usefulness. As a rule, it is intended to favor
the accused particularly to shorten his term of imprisonment, depending upon his behavior and his
physical, mental and moral record as a prisoner to be determined by the Board of Indeterminate Sentence.
(People v. Onate, SCRA 43)

Penalties shall not be standardized but fitted as a far as is possible to the individual, with due
regard to the imperative necessity of protecting the social order. (People v. Ducosin, 59 Phil 109)

Coverage of the Application:

GENERAL RULE: All persons convicted of any crimes under Philippine courts regardless whether it is
in violation of RPC or SPL, are qualified for the application of Indeterminate Sentence Law.

Exemptions: Those persons specifically disqualified by law.

Application ISLAW

Violation of the Revised Penal Code

The court shall sentence the accused to an indeterminate sentence the MAXIMUM TERM of
which shall be that which, in view of the attending circumstances, could be properly imposed under the
Code, and the MINIMUM TERM which shall be within the range of the penalty next lower in degree
to that prescribed by the Code for the felony
The maximum is the penalty imposed as provided by law, depending upon the attending
circumstances. The minimum is one degree next lower to the penalty prescribed for the felony. The latter
is determined without considering the attending circumstances to the penalty prescribed, and is left to the
discretion of the court. (People v. Yco, 6545 July 27, 1954)

Illustrative Example:
Homicide with one mitigating Circumstances. The maximum penalty prescribed by the law is
Reclusion temporal. Since there is one mitigating and no aggravating it will be in the minimum or
reclusion temporal minimum period. On the other hand, the minimum is one degree next lower to
reclusion temporal without considering the mitigating circumstance and the will be prison mayor. The
range of prison mayor will depend upon the discretion of the court. Therefore, the indeterminate penalty
is a minimum of prison mayor (within the range fixed by the court) to a maximum of reclusion temporal
minimum period.

Note: RPC: Min (next lower to prescribed) to Max (imposable)

Derive Maximum term imposable by applying rules for aggravating (AC) and ordinary mitigating
circumstances (MC) under Art.64 and for complex Crimes under Art.48.
 No AC or MC: Penalty PRESCRIBED medium period
 1 AC, no MC: Penalty PRESCRIBED maximum period
 No AC, 1 MC: Penalty PRESCRIBED minimum period
 Several ACs and MCs: OFFSET then apply rule to remainder
 No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
 If COMPLEX CRIME (2 or more grave of less grave felonies OR one offense is a necessary me
ans for committing the other): Penalty for the MOST SERIOUS CRIME maximum period
Derived MINIMUM term by getting the penalty one degree lower than the penalty prescribed by the
RPC, without regard to its three periods. The court has discretion to fix as the minimum term any period
of imprisonment within that penalty next lower to the penalty prescribed.

Exception:
When there is a privileged mitigating circumstances, do NOT follow the aforementioned rule.
Consider the privileged mitigating circumstances FIRST before any AC or MC to get the PENALTY
PRESCRIBED and then proceed as required by the rule on deriving the minimum term. Otherwise, the
maximum of the ISLAW will end up being lower than the minimum of the ISLAW.

Violation of Special Penal Law

The court shall sentence the accused to an indeterminate sentence, the MAXIMUM TERM of
which shall not exceed the maximum fixed by said law and the minimum shall not be less than the
MINIMUM term prescribed by the same.

Illustrative Example:
Penalty is one year to 5 years. Indeterminate sentence may be one year to 3 years or 3 years to 5
years.

SPL: Min (at least that prescribed) to Max (not exceed prescribed)
1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty prescribed by
the law.
2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimum prescribed
by the special law

Disqualified Persons:
ISLAW is not applicable to persons who are:
1. Convicted of offenses punished with death or life imprisonment
2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason,
rebellion, sedition or espionage, or piracy.
3. Those who are habitual delinquents.

Recidivism Habitual Delinquency

As to the crimes committed
As to the period of time the
crimes are committed
As to the number of crime
committed
As to their effects
It is sufficient that the accused
on the date of his trial, shall
have been previously convicted
by final judgment of another
crime embraced in the same title
of the RPC
No period of time between the
former conviction and the last
conviction is fixed by law
The second conviction for an
felony embraced in the same
title of the RPC is sufficient
If not offset by a mitigating
circumstances, serves to increase
The crimes are specified
The offender is found guilty of
any of the crimes specified
within ten years from his last
released or last conviction
The accused must be found
guilty the third time or oftener
of any of the crimes specified
If there is habitual delinquency,
an additional penalty is also
 the penalty to the maximum imposed.

4. Those who shall have escaped from confinement or evaded sentence.

Note:
 A minor who escaped from confinement in the reformatory is entitled to the benefits of
the law because confinement is not considered imprisonment. (People v. Perez, 44 OG
3884)
5. Those who having been granted conditional pardon by the President shall have violated the terms
thereof.
6. Those whose maximum period of imprisonment does not exceed one year.
Note:
 The application of which is based upon the penalty actually imposed in accordance with
the law.(People v. Hidalgo, 452, Jan.22, 1962)
7. Those already serving final judgment upon the approval of this act (Dec. 5 1933)
8. Those sentenced to the penalty of destierro or suspension.

Discretion of court to fix minimum

In determining the minimum penalty, the law obligates the courts to fix the penalties with the
widest discretion that the courts have ever had. The determination of the minimum term is left entirely
within the discretion of the court to fix it anywhere within the range of the penalty next lower without
reference to the periods into which it may be subdivided. This obviously applies only for offenses under
the Revised Penal Code.

Note:
 Whenever any prisoner who shall have served the minimum penalty imposed on him, the Board
of Indeterminate Sentence, in its discretion, and in accordance with the rules and regulations
adopted thereunder, authorize the release of such prisoner on parole. If during the period of
surveillance, such parolee shall show himself to be a law-abiding citizen and shall not violate any
of the laws of the Philippines, the Board may issue a final certificate of released in his favor.
Whenever any prisoner released on parole shall, during the period of surveillance, violate any of
the conditions of his parole, the Board may issue an order for his re-arrest and shall serve the
remaining unexpired portion of the maximum sentence.
 The application of the Indeterminate Sentence Law is mandatory if the imprisonment would
exceed one year. It would be favorable to the accused (People v. Judge German Lee, Jr., 86859,
Sep 12, 1984)

Topic 2

PAROLE AND PROBATION ADMINISTRATION (PPA)

(Formerly known as Probation administration)

Created by virtue of Presidential Decree No. 968, “The Probation Law of 1976” , to administer
the probation system. Under Executive Order No. 292, “The Administrative Code of 1987” which was
promulgated on November 23, 1989, the Probation was renamed “Parole and Probation Administration”
and given the added function of supervising prisoners who, after serving part of their sentence in jails are
released on parole pardon with parole conditions.

Vision
 A model component of the Philippine Correctional System that shall enhance the quality of life of
its clients through multi-disciplinary programs and resources, an efficient organization, and a highly
professional and committed workforce in order to promote social justice and development.

Mission
To rehabilitate probationers, parolees and pardonee and promote their development as integral
persons by utilizing innovative interventions and techniques which respect the dignity of man and
recognize his divine destiny.

Mandate
The Parole and Probation Administration is mandated to conserve and/or redeem convicted
offenders and prisoners who are under the probation or parole system.

Goals
The Administration’s programs sets to achieve the following goals:
 Promote the reformation of criminal offenders and reduce the incidence of recidivism,
and
 Provide a cheaper alternative to the institutional confinement of first-time offenders who
are likely to respond to individualized, community-based treatment programs.

Functions
To carry out these goals, the Agency through its network of regional and field parole and
probation offices performs the following functions:
 to administer the parole the probation system
 to exercise supervision over parolees, pardonees and probationers
 to promote the correction and rehabilitation of criminal offenders

CORE VALUES
A. Performance
Efficient and effective accomplishment of task and targets, beginning with individual officials
and employees and throughout all units in the organizational hierarchy, linked coherently and
progressively toward the Agency Mission, Vision and strategic goals.

Team work – Working together to achieve shared goals

Resourcefulness and Innovativeness – Exploring resources with ingenuity, optimizing

opportunities with creativity.

B. Professionalism
High level of proficiency on the job resulting from mastery and conscientious application of
appropriate knowledge and skills, honed by sound judgment, self-discipline and unceasing
striving for excellence, and founded on a code of conduct that respects the dignity of clients and
fellowman

Role Modeling Serving and inspiring by example

 Professional Excellence Achieving high standards for ethical and quality service

C. Accountability
Inherent obligation of every official and employee to answer for decisions, actions and results
within his/her authority, including proper and effective utilization of resources in support of
Agency policies and programs, with timely, complete and accurate disclosure in required reports.

Responsibility Achieving expectations, answering for result

Honesty and Integrity Being upright and transparent in transactions and relations
Service Objectives
1. To provide the courts with relevant information and judicious recommendations for the selection
of offenders to be placed on probation
2. To provide the Board of Pardons and Parole with necessary and relevant information which can
be used in determining a prisoners fitness for parole or any form of executive clemency.
3. To provide the Dangerous Drugs Board with pertinent information and prudent
recommendations for the determination of first time minor drug offenders to be placed on
suspended sentence.
4. To effect the rehabilitation and integration of the probationers, parolees, pardonees and first-time
minor drug offenders as productive, law-abiding and socially responsible members of the
community.
5. To prevent recidivism and protect the community through a well-planned supervision of
probationers, parolees, pardonees, and first-time minor drug offenders.
6. To make use of innovative, and financially and technically feasible projects to uplift the moral,
spiritual and economic conditions of probationers, parolees, pardonees, and first-time minor drug
offenders by utilizing available community resources as much as possible.
7. To continuously assess and improve professional performance in post-sentence, pre-parole/
executive clemency, and suspended-sentence investigation, case management, and other related
work.
8. To periodically review the Probation Law and its implementing rules so as to reconcile the same
with the evolving realities in the field
9. To assiduously observe and uphold the professional ethics in the delivery of service.

The PPA Administrator

The head of Parole and Probation Administration is known as the PPA Administrator who shall
be appointed by the president. He shall hold office during good behavior and shall not be removed except
for cause. His/her powers and duties are as follows:
1. Act as the executive officer of the PPA
2. Exercise supervision and control over all probation officers
3. Make annual reports to the Secretary of Justice, in such form as the letter may prescribe,
concerning the operation, administration and improvement of the probation system
4. Promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to the
methods and procedures of the probation process
5. Recommend to the Secretary of Justice the appointment of subordinate personnel of his
Administration and other offices established under the probation law. and
6. Generally perform such duties and exercise such powers as may be necessary or incidental to
achieve the objective of the Probation Law.
Assistant PPA Administrator
There shall be an Assistant Administrator who shall be appointed by the President and shall assist
the Administrator and perform such duties as maybe assigned to him by the PPA Administrator and as
may be provided by law. In the absence of the administrator, he shall act as head of the PPA.

Qualification of the PPA Administrator and Assistant Administrator

1. At least 35 years of age
2. holder of Master’s degree or its equivalent in:
a. Criminology
b. Social Work
c. Correction
d. Penology
e. Psychology
f. Sociology
g. Public Administration
h. Law
i. Police Science
j. Police Administration
k. Other Related Field
3. At least 5 years of supervisory experience, or a member of Philippine Bar with at least 7 years of
supervisory experience.
Other PPA Officers

1. Regional Parole and Probation Offices (RPPO)

The RPPO shall be headed by Regional Probation Officer who shall be appointed by the
President upon the recommendation of the Secretary of Justice

The Regional Probation Officer shall be exercise supervision and control over all
probation officers within his jurisdiction and such duties may be assigned to him by the
Administrator. Whenever necessary, he shall be assisted by an Assistant Regional Probation
Officer who shall also be appointed by the President, upon recommendation of the Secretary of
Justice.

2. Provincial and City Probation Officers

There must be at least one probation officer in each province and city who shall be
appointed by the Secretary of Justice upon recommendation of the Administrator and in
accordance with the civil service law and rules. The Provincial and City Probation Officers shall
exercise the following duties:
a. Investigate all persons referred to him for investigation by the proper court or the
Administrator;
b. Instruct all probationers under his supervision or that of the probation aide on the terms and
conditions of their probation;
c. Keep himself informed of the conduct and conditions of probationers under his charge and
use all suitable methods to bring about an improvement in their conduct and conditions;
d. Maintain a detailed record of his work and submit such written reports as may be required by
the Administration or court having jurisdiction over the probationer under his supervision;
e. Prepare a list of qualified residents of the province or city where he is assigned who are
willing to act as probation aides;
f. Supervise the training of probation aides and oversee the latter’s supervision of probationers;
 g. Exercise supervision and control over all field assistants, probation aides and other personnel;
and
h. Perform such duties as may be assigned by the court or the Administration.

3. Field Assistant, Subordinate Personnel

Regional, Provincial or City Probation Officers shall be assisted by such field assistant
and subordinate personnel as may be necessary to enable them to carry out their duties
effectively.(Section 27 PD 968 as amended by RA. No. 10707)

Qualification of Regional, Assistant Regional, Provincial and City Probation Officers

No person shall be appointed Regional or Assistant Regional of Provincial or City Probation
Officer unless possesses the following qualifications:
1. At least a bachelor’s degree with a major in social work, sociology, psychology, criminology,
penology, corrections, police science, police administration, or related field;
2. At least three (3) years of experience in work requiring any of the above-mentioned disciplines,
or is a member of Philippine Bar with at least three (3) years of supervisory experience.

Note: Whenever practicable, the Provincial of City Probation officers shall be appointed from
among qualified residents of the province or city where he will be assigned to work (Section 25
of PD 969 as amended)

Power to administer oaths, to take depositions and be considered as Person in Authority (Section 4
of RA 10707)

SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers.
Regional , Provincial or City Probation Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgements and to take depositions in connection with their
duties and functions under this Decree. They shall also have, with respect to probationers under their
care, the powers of a police officer. They shall be considered as persons in authority.

Volunteer Probation Assistant (VPA’s) (Section 6 of RA 10707)

SEC. 28. Volunteer Probation Assistants (VPA’S)
“To assist the Chief Probation and Parole officers in the supervised treatment program of the
probationers, the Probation Administration may appoint citizens of good repute and probity, who have
the willingness, aptitude, and capability to act as VPA’s”

“VPA’s shall not receive any regular compensation except for reasonable transportation and
meal allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.”

“They shall hold office for two year term which may be renewed or recalled anytime for just a
cause. Their functions, qualifications, continuance in office and maximum case loads shall be further
prescribed under the implementing rules and regulations of this Act.”

“There shall be a reasonable number of VPAs in every regional, provincial, and city probation
office. In order to strengthen the functional relationship of VPAs and the Probation Administrator, the
latter shall encourage and support the former to organize themselves in the national, regional, provincial
and city levels for effective utilization, coordination, and sustainability of the volunteer program. “
Restorative Justice (RJ)
 It is a philosophy and a process whereby stakeholders in a specific offense resolve collectively
how to deal with the aftermath of the offence and its implications for the future. It is a victim-
centered response to crime that provides opportunity for those directly affected by the crime – the
victim, the offender, their families and the community – to be directly involved in the responding
to the harm caused by the crime. Its ultimate objective is to restore the broken relationships
among stakeholders.
 The Restorative Justice process provides a healing opportunity for affected parties to facilitate the
recovery of the concerned parties and allow them to move on with their lives.
 Dr. Carolyn Boyes-Watson (2014) at Suffolk University’s Center for Restorative Justice defines
restorative justice as a growing social movement to institutionalize peaceful approaches to harm,
problem solving and violations of legal and human rights. These range from international
peacemaking tribunal such as the South Africa and Reconciliation Commission to innovations
within the criminal and juvenile justice systems, schools, social services and communities. Rather
than privileging the law, professionals and the state, restorative resolutions engage those who are
harmed, wrongdoers and their affected communities in search of solutions that promote repair,
reconciliation and the rebuilding of relationships. Restorative justice seeks to build partnerships
to reestablish mutual responsibility for constructive responses to wrongdoing within our
communities. Restorative Approaches seek a balanced approach to the needs of the victim,
wrongdoer and community through process that preserve the safety and dignity of all.

Comparing Restorative Justice from Traditional Criminal Justice

Restorative Justice Traditional Criminal Justice
 Who has been hurt?  What laws have been broken?
 What are their needs? Whose obligations  Who did it?
are these?  What do the offender(s) deserve?
 What are the causes?
 Who has a stake in the situation?
 What is the appropriate process to involve
stakeholders in an effort to address causes
and put things right?

Therapeutic Community (TC)

Is a self-help social learning treatment model used in the rehabilitation of drug offenders and
other clients with behavioral problems TC adheres to precepts of “right living”
The TC is an environment that helps people to get help while helping themselves. It operates in a
similar fashion to a functional family with a hierarchical structure of older and younger members. Each
member has a defined role and responsibilities for sustaining the proper functioning of the TC. There are
sets of rules and community norms that members commit to live by and uphold upon entry. The primary
“Therapist” and teacher is the community itself, consisting of peers, staff/probation and parole officers
and even VPAs who, as role models of successful personal change, serve as guides in the recovery
process.
 6 The Future of Corrections

Introduction: To ensure public safety is the desired outcome of the criminal justice system’s intervention
in rehabilitating offenders. For this reason, criminal justice practitioners must find and must continuously
develop the most effective ways in which this goal maybe achieved.

Objective: at the end of the lesson the students are expected to;
 Identify the Necessity of Collaboration with the Community;
 Discuss the Line of Sentencing ;
 Differentiate Retributive, Restorative, Collaborative Justice. And;
 The Challenges of the implementation of Collaborative Justice.

Discussion;

The Necessity of Collaboration with the Community

New approaches of offender correction and rehabilitation will definitely produce different effects
on the components of the justice system. Current policies encourages these components to consider the
impact of their duties and responsibilities in the delivery of justice. Community-based correction is a
critical lynch pin in these efforts, responsible for effectively managing offenders while on probation,
parole or conditional pardon with parole conditions. As with other components within the justice system,
collaborating and partnership with other components and with community (internal and external partners)
has become increasingly critical to the accomplishment of community corrections’ mission of enhancing
public safety by effectively rehabilitating offenders pin the community.

If the primary goal of community corrections is to achieve public safety through reduced
recidivism by effectively managing offenders within the community, then community correction agencies
must reach out to collaborative partners. As more comprehensive approaches to supervising the offenders
are implemented in the field, enhanced collaboration is required to provide the assistance and additional
resources necessary to promote offender success. For example, with the increased understanding and
implementation of integrated case management systems around the country, communication among
criminal justice professionals and community partners is more than important than ever. Such new
approaches to community supervision require strong partnership in the community (including the victim
and offender)

Collaboration with institutional partners is also critically important, working with correctional
officers and institutional case managers to prepare an offender for reentry into the community. The issues
facing offenders upon release are numerous and often confounding – lack of housing, drug addiction,
limited employment options, limited education. To succeed, these needs must be considered and a plan
put in place before the offender is released. Such barriers to successful reintegration must be addressed
through partnerships with the practitioners, service providers, and community agencies.

Concept of Collaborative Justice with the community and other Service providers
 Community corrections professionals cannot possibly, and should not expect to, address the
complex needs of offenders independently. Other professionals must be involved to provide valuable
information, resources, and perspectives that will help the offender to succeed in the community.

Collaboration goes beyond sharing of resources and changing information; collaboration requires
that community correction officers, court officials, and community partners work closely with each other
to achieve outcomes that would not be possible without the collaboration. Working with other criminal
justice professionals and community partners can result in supervision plans the address offenders needs
more effectively, resulting in lower court caseloads and reduced violations and crime rate with in the
community.
It is only through collaboration with public, private and community-based service providers that
community correction can promote safer communities.

With whom should community corrections professionals collaborate?

The selection of collaborative partners is just as critical as the commitment to collaboration

itself. Collaborate partners should include those who have the authority to influence the outcome of the
problem at hand and have a demonstrated investment in doing so.

In community-based corrections collaboration, law enforcement, counsel of the accused,

prosecutors, judges, court personnel, and others are important stakeholders in the success of offenders in
the community. Law enforcement is an important partner to community corrections in supervision efforts,
providing support to monitor and enforcement activities. Prosecutors and counsel of the accused assist by
crafting effective sentencing strategies, and judges, through the imposition of conditions as part of their
sentencing decisions, provide the structure and tools that community correction needs to manage
offenders successfully and promote offender success in the community.

Community and service providers play key roles in addressing effectively the complex social,
behavioral, and health issues that offenders face. Public and private treatment providers, including
substance abuse and mental health practitioners, victims’ right organization, and victim advocates can
also provide valuable resources, work force training, educational assistance, and veterans’ benefits are
also important partners in finding solution to the complex problems facing offenders in the community.
Community and faith-based partners (including willing employers, and local colleges and schools) can
provide numerous resources. But still the most important stakeholders are the offender and his or her
family.

Time Line of Sentencing Philosophies and Practices

Retributive Justice
(Past)

Restorative Justice
(Present)

Collaborative Justice
(Future)
 Retributive Justice
 Retributive Justice also known as
punitive justice is a theory of justice
that considers punishment, if
proportionate, to the best response to
crime.
 When an offender breaks the law,
he/she thereby forfeits or suspends
his/her right to something of equal
value, and justice requires that his
forfeit be enacted.
 Retribution is directed only at wrongs,
has inherent limits, is not personal,
involves no pleasure at the suffering of
others, and employs procedural
standards.
Restorative Justice
 Sometimes called reparative justice is
an approach to justice that focuses on
the needs of the victim and the
offenders, as well as the involved
community, instead of satisfying
abstract legal principles or punishing
the offender.
 Victims take an active role in the
process, while offenders are encourage
to take responsibility for their actions,
to repair the harm they’ve done-by
apologizing return stolen money, or
community service.
 Restorative Justice that fosters
dialogue between victim and offender
shows the highest rates of victim
satisfaction and offender
accountability.
Collaborative Justice
 Collaborative Justice is a unique and
promising approach to criminal justice
that seeks to work toward the more
effective resolution of these problems.
Rather than relying on single agencies
to solve their respective problems. It
recognizes that many criminal justice
problems are systemic and require a
coordinated and collaborative response
to the most pressing issues facing our
justice system today.
 Collaborative Justice partnerships –
and the ability to share information,
develop common goals, and create
compatible internal policies to support
those goals have significant potential to
positively impact crime, increased
public confidence, and reduced costs
throughout the justice system.
 Criminal justice professionals join
forces to analyse problems and create
responsive solutions; and judges, court
administrators, prosecutors, defence
attorneys, probation and parole
representatives, correction personnel,
victim advocates, law enforcement
officers, and public and private
treatment providers reach out to one
another to forge partnerships that will
enable them to address complex
medical, social, financial, and
behavioral problems that pose
significant threats to the safety and
well-being of our community.

Challenges of Collaborative Justice

The successful implementation of a collaborate Justice approach often faces many challenges,
including;
 The adversarial nature of the legal system;
 The competition for scarce resources;
 The political pressure faced by elected official;
 The creation of existence of agencies that have overlapping, duplicative, responsibilities; and
 The creation or existence of agencies that have missions that are incongruous.

The success of a collaborative team relies upon the desire and willingness of each participant to
dedicate themselves and their time to the collaborative process; to set aside individual agency agendas in
pursuit of a shared and larger goal; and to recognize that collaborative justice is a long term process,
requiring the establishment and maintenance of solid collaborative partnerships with other agencies and
community stakeholders. The long term benefits of collaborative approach – including a shared
ownership of, responsibility for, and success in solving justice problems – will undoubtedly make the
investment worthwhile.

Organizations and Associations Related to Community Corrections

The International Community Corrections Association (ICCA)

In 1964, The International Community Corrections Association (formerly known as the

International Halfway House Association and, later, in 1989 as the International Association of
Residential and Community Alternatives) held out first meeting in Chicago, IL with 30 people in
attendance. Today, after 45 years, the ICCA represents more than 250 private agencies operating over
1,500 residential and community alternative programs, in addition to 1,000 individual members nationally
and abroad. Its members offer a variety of programs and services which include;
 Community-based corrections centers
 Community correction programs
 Education/vocational services
 Drug testing and treatment
 Tutoring services
 Day reporting services
 Crisis intervention
 Family/individual counseling
 Victim services
 Community service supervision
 Bail supervision
 Home detention/ electronic monitoring
 Neighborhood outreach
 Residential treatment
 Aftercare
 Transitional housing

The International Community Corrections Association, as a private, non-profit, membership

organization, acts as the representative voices for residential and other community correction programs.
As such, it expects of its members compassion, belief in the dignity and worth of human beings, respect
for individual difference and a commitment to quality care for its clients. It requires of its members the
professional background, research and expertise necessary to ensure performance of effective quality
services delivered with integrity and competence. ICCA affirms that its primary goals is the successful re-
integration of the client into the community.

ICCA has been affiliate of the American Correctional Association (ACA) since 1975; an affiliate of the
United Nations Alliance of Non-Government Organizations in Criminal Justice since 1982; the American
Probation and Parole Association, the International Corrections and Prison Association and the National
Juvenile Justice Delinquency Prevention Coalition. In addition, ICCA liaises with several other national
and international community corrections and organizations.

American Probation and Parole Association (APPA)

Is an international organization that provides education and training for community corrections
practitioners. AAPA establishes standards in all areas of community supervision, including restitution,
electronic monitoring, pretrial, conditional early release and issues related to prisons.

APPA is only one of several organizations that serve a similar purpose for community corrections
advocacy. Other organizations are as follows:
 1. American Correction Association (ACA)
2. National Association of Pretrial Services Agencies (NAPSA)
3. International Association of Reentry (IAR)

Involvement of Non-Government Organization (NGO’s)

It cannot be denied that Non-Government Organization or private sector will play an important
role in the success of rehabilitating offenders in the community. These NGO’s can provide job
opportunities to the clients of community based correction. We must understand that opportunities
available for those clients are a great help for their rehabilitation.

Evidence-based Practices (EBP)

Involves using current best practices or intervention for which there is consistent and solid
scientific evidence of success. Integrating into everyday practice the correctional programs and
techniques that have been shown to be the most effective with offenders using evaluation results from
systematically evaluated research studies. EBP is not based on intuition, speculation or tradition, rather
EBP is grounded in empirical data and research in studying what works. The idea behind EBP in
corrections is that agencies use only the most successful programs.

Corrections Research Priorities

On March 12,2009 the U.S Department of Justice, Office of the Justice Programs National
Institute of Justice has identified high-priority research, development and evaluation needs of corrections
professionals. Those high-priority goals include;
 Create knowledge and develop technologies on how prisons, jails and community corrections can
be better managed to provide safe, secure and cost-effective operations.
 Create knowledge on how best to asses and manage special offender populations in prisons, jails
and in the community.
 Develop effective treatment/intervention strategies that enhance public safety by maximizing the
successful reentry of offenders into communities.
 Research the cause of prison sexual assault and factors that may deter the reporting of such
assaults and evaluate strategies, practices and policies designed to prevent it.
 Develop assured means to continuously and accurately monitor the location and status of
corrections officers and personnel as well as inmates and detainees.
 Develop improved means to detect, locate and defeat the use of unauthorized wireless
communications devices.
 Develop improved, unobtrusive means to accurately detect a broad spectrum of contraband to
preclude its introduction into correctional environments.
 Optimizing the way in which corrections agencies employ new technologies, such as smart
sensors, wireless mobile networks and knowledge management, in response operations.
 Develop improved information and data system that link an individual’s records and citation
across various criminal justice data base from the time of entry into the criminal justice system.
 Develop devices providing multilingual speech translation capabilities for public safety
application including voice and speech-to-text/text-to-speech.
These priorities inform decisions about the scope of future work and the dissemination of NIJ-
sponsored knowledge and technologies. At the same time, NIJ maintains the flexibility to respond to
emerging needs and to consider the merits of individual projects that may contribute to other
worthwhile goals.