CORRECTION

   Penal Management

Corrections
 - is typically carried out by government agencies and involves the punishment, treatment, and 
supervision of persons who have been    convicted of crimes.                
                       
Penology - The study of the punishment of crime and prison management.Is a section
of criminology that deals with the philosophy and practice to repress criminal activities via an
appropriate treatment and supervision of persons convicted of criminal offenses.
                    
Punishment - is the infliction or imposition of a penalty as retribution for an offense."The penalty
inflicted".
                         
Prison reform - is the attempt to improve conditions inside prisons and aiming a a more effective penal
system.

Prison - is a place in which people are physically confined and usually deprived of a range of personal
freedoms.
              
Jail - is a short term detention facility.

Halfway house - also called recovery house or sober house - is a place to allow people to begin the
process of reintegration with society while still providing monitoring and support; this is generally
believed to reduce the risk of recidivism or   relapse when compared to a   release directly into society.

Rehabilitation - it came from latin word "habilis" literally fit or suitable. Its meaning was expanded to
mean "restore to sound operation" or "to establish the good reputation".
                                                                                       
Solitary confinement - is a special form of imprisonment in which a prisoner is isolated fro any human
contact, though often with the exception of members of prison staff.
Jail Prison

a place of detention; a place where a place of long term confinement for

a person convicted or suspected of those convicted of serious crimes.
a crime is detained. Bureau of Corrections
BJMP DOJ
DILG holds people convicted of
holds people awaiting trial and crimes;sentenced for a longer term.
people sentenced for a
short duration.

Zebulon Reed Brockway - regarded as the father of prison reform in the United States. Believed that
the primary reason to have a prisoner in custody was to rehabilitate and not simply to punish. Warden
at the Elmira reformatory from 1876 to 1900. He introduced the following:

a program of education
training in useful trades
physical activity
indeterminate sentence
inmate classification
incentive program.

Alexander Maconochie - (1787 -1860) - a Scottish naval officer,geographer and penal reformer. His
two basic principle of penology were that:

as cruelty debases both the victim and society, punishment should not be vindictive but should aim at
the reform of the convict to observe social constraints.
a convicts imprisonment should consist of task, not time sentences with release depending on the
performance of a measurable amount of labor.

Modern Form/Method  of Punishment

Execution - for capital offenses. ex. death by lethal injection

Imprisonment/Incarceration
Fines
Probation and Parole
House Arrest - is a measure by which a person is confined by the authorities to his or her residence.
Travel is usually restricted if allowed at all.

Ancient Form/Method of Punishment

shame punishment
exile/banishment
payment to the victim
branding - (Stigmatizing) - is the process by which a mark is burned into the skin of a living person.
flogging - (flagellation) - is the act of methodically beating or whipping the human body.
mutilation - (maiming) - is the act of physical injury that degrades the appearance or function of any
living body usually without causing death.
burning
beheading
torture
* In the Philippines so far, 17 persons were executed
   by hanging, 84 persons were executed by electric
   chair, 7 persons were executed by lethal injection.

* Majority of inmates confined in national prison did 

   not finish high school, 6% never went to school or 
   were illiterate and 3% earned a college degree.

 Probation Law of the Philippines PD 968

What is Probation? ans.- 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.

Who can apply for Probation? ans. any first time convicted offender who is 18 years old or above.

Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344 (Juvenile
Justice and Welfare Act of 2006) a child in conflict with the law (CICL) is granted the right to probation
as an alternative to imprisonment if qualified under the Probation law.

Where shall an application for Probation be filed? ans. theapplication shall be filed with the court
that tried and sentenced the offender.

What will happen if the application for Probation is denied? ans. the offender will be sent by the
sentencing court to prison to serve his sentence.

When should an application for Probation be filed? ans. anytime before the offender starts serving
his sentence but within 15 days from the promulgation of notice of judgment of conviction. Under
section 42 of RA 9344, The Juvenile Justice and Welfare Act of 2006, the court may after it shall have 
sentenced a child in conflict with the law and upon application at anytime placed the child on probation
in lieu of service of his sentence.

May an offender be released from confinement while hisapplication for Probation is

pending? ans. yes, the applicant may be released under the bail he filed in the criminal case or under
recognizance.

How many times can one be granted Probation? ans. only once.

RULES ON GRANT OF PROBATION

After having convicted and sentenced a defendant, the trial court may suspend the execution of the
sentence and place the defendant on probation, upon application by the defendant within the period for
perfecting an appeal.
Probation may be granted whether the sentenced imposed a a term of imprisonment or fine only.
No application for probation shall be entertained or granted if the defendant has perfected an appeal.
Filing of application for probation operate as a waiver of the right to appeal.
The order granting or denying probation shall not be appealable.
Accessory penalties are deemed suspended once probation is granted.
The convict is not immediately put on probation. There shall be a prior investigation by the probation
officer and a determination by the court.
 
Will Probation be automatically granted to one whose sentence is 6 years or less? ans. no, the
applicant may be denied by the court if:
1. The offender would be better rehabilitated if he/
    she is sent to prison to serve his/her sentence.
2. There is undue risk that the offender will likely
    commit another crime.
3. Probation will depreciate the seriousness of the 
    offense committed.

 Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the court may in its
discretion, placed the accused under probation even if the sentence provided under section 11 of the
act is higher than that provided under the probation law.

What will happen if a probationer violates the conditions of probation? ans.

1. The court may modify the conditions of probation 
    or revoke the same.
2. If the violation is serious, the court may order the 
    probationer  to serve his prison sentence.
3. The probationer may also be arrested and criminally
    prosecuted if the violation is a criminal offense.
  The court order  shall not be subject to appeal.
Probation is not coterminous with its period. There must be an order issued 
 by the court discharging the probationer. Upon  
 finding that he has fulfilled  the terms and conditions of his probation, the court may order the final
discharge of the probationer.
This shall have the following effects:
       a. case is deemed terminated.
       b. all civil rights suspended or lost are 
            restored.           
                 c. offender's liability for any fine imposed is 
                     discharged.

Who are disqualified from the benefits of probation:ans.                                                         

1. Those sentenced to serve a prison term of more 6 years.
2. Those convicted of any crime against the national
    or the public order.
3. Those previously convicted of an offense which is
    punished by imprisonment of not less that one
    month and one day imprisonment and/or a fine of 
    not less than P200.
4. Those who have been  placed on probation once.
5. Those serving sentence.
6. Those whose conviction is on appeal.
7. Those convicted of an offense against the omnibus 
    election code, insurgency law, wage rationalization
    act.

There are two kinds of conditions imposed upon the offender under  probation:
  
1. Mandatory or general – once violated, the  
    probation is cancelled.
      1) To report to the probation officer within 72 
           hours after he receives the order of the court
           granting probation.
      2) To report to his probation officer at least once a
           month.
      3) not to commit any other offense while on
          probation.
      
2. Discretionary or special – additional conditions   
    which the court may additionally impose for the 
    probationer’s correction and rehabilitation outside      prison. The enumeration is not exclusive, as
long  
    as the probationer’s Constitutional rights are not   
    jeopardized.
      

How long is the period of probation? ans.

1. not more than 2 years if the sentence of the 
    offender is 1 year or less. 
2. not more than 6 years if the sentence is more than
    one year.
3. When the penalty is a fine only and the offender    
    is made to serve subsidiary imprisonment, probation
    shall be twice the total number of days of subsidiary
    imprisonment

What is Parole? ans. it is the release of a prisoner from prison after serving the minimum period of his
indeterminate sentence.

Who can not be granted parole? ans. generally, those sentenced to a term of imprisonment of one
year or less or to a straight penalty or to a prison sentence  without a minimum term of imprisonment.

Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under the
Department of Justice.

When may a prisoner be granted parole? ans. whenever the boardof pardon and parole finds that
there is a reasonable probability that if released, the prisoner will be law abiding and that his release
will not be incompatible with the interest and welfare of society and when a prisoner has already served
the minimum penalty of his/her indeterminate sentence of imprisonment.

What happens if a parolee violates the conditions of his parole?ans. he shall be rearrested and
recommitted or returned to prison to served the unexpired portion of the maximum period of his
sentence.

What is executive clemency? ans. it refers to the commutation of sentence, conditional pardon and
absolute pardon may be granted by the president upon recommendation of the board.

What is commutation of sentence? ans.  it is the reduction of the period of a prison sentence.

What is conditional pardon? ans. it is the conditional exception of a guilty offender for the punishment
imposed by a court.

What is absolute pardon? ans. it is the total extinction of thecriminal liability of the individual to whom
it is granted without any condition whatsoever resulting to the full restoration of  his civil rights.

Who may file a petition for conditional pardon? ans. a prisoner who has served at least one half of
the maximum of the original indeterminate and/or definite prison term.

Who may grant commutation of sentence and pardon? ans. the president.

Who may file a petition for commutation of sentence?

ans.  the board may review the petition of a prisoner
for commutation of sentence if he/she meets the following minimum requirement:

 at least 1/2 ( one half) of the minimum of his indeterminate and/or definite prison term or the aggregate
minimum of his determinate and/or prison terms.
at least 10 years for prisoners sentenced to one reclusion perpetua or one life imprisonment, for
crimes/offenses not punishable under RA 7659 and other special law.
at least 12 years for prisoners whose sentences were adjusted to 40 years in accordance with the
provisions of article 70 of the RPC as amended.
at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659 committed on or after
January 1, 1994 and sentenced to one reclusion perpetua or one life imprisonment.
at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life imprisonment even if
their sentences were adjusted to 40 years in accordance  with the provision of article  70 of the RPC as
amended.
at least 20 years for those sentenced to death which was automatically commuted or reduced to
reclusion perpetua.
Who may file a petition for absolute pardon? ans. one may file a petition for absolute pardon if he
had served his maximum sentence or granted final release and discharge or court termination of
probation.

Is a prisoner who is released on parole or conditional pardon with parole conditions placed
under supervision? ans. yes, the prisoner is placed under the supervision of a probation and parole
officer.

PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 1976.

Purpose of the law

promote the correction and rehabilitation of an offender by providing him with individualized treatment.
provide an opportunity for the reformation of a penitent offender which might be less probable if he
were to serve a prison sentence.
prevent the commission of offenses.

Probationer - a person placed on probation.

Probation officer - one who investigates for the court a referral for probation or supervises a
probationer or both.

 The Probation administration shall be headed by the Probation administrator who shall be appointed
by the president of the Philippines.
There shall be an assistant probation administrator who shall assist the administrator perform such
duties as may be assigned to him by the latter and as may be provided by law.

Qualifications of the Administrator and Assistant Probation Administrator.

 at least 35 years of age

holder of a masters degree or its equivalent in either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police science, police administration or related field.
at least 5 years of supervisory experience or be a member of the Philippine bar with at least 7 years of
supervisory experience. 

Regional Probation officer and Assistant regional Probation Officer - appointed by the president
upon the recommendation of the Secretary of Justice.

Provincial and City Probation officer - appointed by the Secretary of justice upon the
recommendation of the administrator and in accordance with civil service law and rules.
Qualifications of Regional, Assistant Regional, Provincial and CityProbation officers.

Bachelors degree with a major in social work, sociology, psychology, criminology, penology,
corrections, police science, administration or related fields.
at least 3 years in work requiring any of the above mentioned disciplines or is a member of the
Philippine bar with at least 3 years of supervisory experience.
when practicable, the provincial or city probation officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.

1. Punishment - The authoritative imposition of something negative or 

    unpleasant on a person in response to behavior deemed wrong by  
    law.
    
2. Penology - The branch of criminology concerned with prison 
    management and prison rehabilitation.
   
3. Retribution -  Getting back at someone for something they did to 
    hurt you.

4. Corporal punishment - A punishment for some violation of conduct 

    which involves the infliction of pain on or harm to the body.
   
5. Devil's island - French penal colony from 1852 to 1959 where 
    political prisoners are exiled.

6. John Howard -  A prison reformer who published an influential book 

    that proposed prison reform.
    
7. Elizabeth Fry -  An English reformer sometimes referred to as the 
    "angel of prisons" because of her driving force behind new legislation 
    to treat prisoners humanely.
   
8. Robben island  -  A prison complex located at the coast of 
    Capetown south Africa which serve as a refugee camp for people 
    afflicted with leper before converted into a prison.
    
9. Auburn System - A penal method of the 19th century in which 
    persons worked during the day  and were kept in solitary 
    confinement at night and silence enforced at all times.
   
10.Elmira correctional facility - The first reformatory prison.

11.Notable elements of Auburn system

      a. stripped uniform
      b. lockstep
      c. silence

12.Auburn correctional facility - the site of the first execution by 

     electric chair in 1890.

13.Pennsylvania system - penal method based on the priciple that 

     solitary confinement fosters penitence and encourages 
     reformation.Superseded by the Auburn system.

14.Separate system - is a form of prison management based on the 

     principle of keeping prisoners in solitary confinement.
    
15.Magna Carta - Englands historic document which states that no 
    man could be imprisoned without trial.
     
16.Port Arthur - located in Tasmania, Australia, is a penal colony 
    which is the   destination for the hardest English prisoner during the 
    middle of the 19th century.
     
17.Banishment - to force offenders to leave a country, home,or place 
     by official decree.

18.Piracy act of 1717 - was an act of the parliament of Great Britain 

    that established  a 7 years penal transportation to North America 
    as a possible punishment for those convicted of lesser felonies.