Module 1 – NON – INSTITUTIONAL CORRCTIONS AND

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PROGRAM OUTCOMES

The College of Criminal Justice Education will produce graduates who can:

1. apply knowledge essential to the practice of crime detection;

2. actualize the knowledge and skills in law enforcement administration;
3. enforce the criminal laws and observe the rules on evidence and criminal procedure;
4. demonstrate the skills in handling offenders’ welfare and development for their re-integration to the
community; and
5. conduct criminological research of crimes, crime causation, victims and offenders to include deviant
behavior.

Common to all programs in all types of schools:

a) engage in lifelong learning and understand the need to keep abreast with the developments in the field of
practice;
b) communicate effectively;
c) work effectively and independently in multi-disciplinary and cultural teams;
d) practice professional, social and ethical attitudes, values and responsibilities;
e) appreciate and value “Filipino historical and cultural heritage “and uphold constitutional and statutory
guarantees.

Specific program Outcome:

a) apply knowledge essential to the conduct of criminological research on crimes, crime causation, victims,
and offenders to include deviant behavior;
b) apply knowledge, skills essential to the practice of crime detection and investigation and fields of
criminalistics;
c) apply knowledge, skills in criminal law, evidence and procedure;
d) apply knowledge, skills in law enforcement administration;
e) apply knowledge, skills in handling offender’s welfare and development for their re-integration to the
community.

COURSE TITLE NON – INSTITUTIONAL CORRECTIONS (COR AD 2)

PRE – REQUISITE INSTITUTIONAL CORRECTIONS (COR AD 1)

COURSE DESCRIPTION

This course focuses on Presidential Decree 968 known as the “Probation Law of 1976” as amended,
establishing a probation system in the Philippines, its historical background, philosophy, concepts, and
operation as a new correctional system, investigation, selection and condition of probation, distinction
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between incarceration, parole, probation and other forms of executive clemency, total involvement of
probation in the administration of Criminal Justice System
It also treats the study of the Act 4103, as amended otherwise known as Indeterminate Sentence Law
that created the Board of Pardons and Parole, system of releasing and recognizance, executive clemency
and pardon.

COURSE OUTCOMES (CMO)

In this course, you should be able to:

1. demonstrate competence and broad understanding of community-based treatment program as
correctional administration for public safety and criminal justice;
2. apply the principles and jurisprudence on different community correctional-related laws;
3. ensure offender’s welfare and development for their re-integration to the community and promoting
non-recidivism among offenders released through parole, probation and other executive clemencies;
4. collaborate effectively and independently in multi-disciplinary and multi-cultural teams of different
offenders;
5. engage in lifelong learning and understanding of community-based treatment program as a field
criminology and criminal justice; and
6. employ professional, social, and ethical standards in handling offenders released through community-
treatment program as a field of criminology and criminal justice.

INTRODUCTION

Not all convicted offenders have to serve their sentence behind bars. Some are allowed to stay in the
community, subject to conditions imposed by the government. They are either granted with probation, parole,
conditional pardon or recognizance.

Community-based approach to corrections as a way to decongest the prisons involve the Public
Attorney’s Office and the National Prosecution Service effecting the immediate release of the detainees
either on bail or recognizance and giving priority to the trial of detainees who cannot be released in
recognizance or bail. It involves the efficient performance of the Board of Pardon and Parole in granting of
timely release of prisoners and the effective supervision of released prisoners on parole or conditional pardon
and those under probation by the Probation and Parole Administration.

MODULE CONTENT

The module is divided into two (2) lessons, namely:

1. Lesson 1 (Non – Institutional Corrections and Community Based Programs) Historical context of
Probation, pioneers of probation role, and purpose of probation in the correctional system and
advantages of probation.
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2. Lesson 2 (Philippine Probation System) History of Probation in the Philippines, Probation Laws,
objective and advantages of probation, essentials elements of Probation, the mandatory and other
conditions of probation, factors to consider in granting Probation, the post-sentence investigation, and
the Probation Volunteers.

MODULE LEARNING OUTCOMES

In this module, you will be able to:

1. discuss the history of probation;
2. identify the type of Non – Institutional Corrections;
3. differentiate P.D. 603 and P.D. 968;
4. discuss the advantages of Probation.

Lesson 1
Non – Institutional Corrections and Community – Based Programs

Lesson Learning Outcomes

In this lesson, you will be able to:

1. identify the types of Non – Institutional Corrections

2. identify the different Community – Based Corrections
3. discuss the history of Probation

PRE-ASSESSMENT

Instruction: In your own understanding, give meaning to the following words below.

1. INSTITUTIONAL CORRECTIONS -

2. NON – INSTITUTIONAL CORRECTIONS -

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3. PUNISHMENT -

4. CORRECTION -

5. CORRECTIONAL ADMINISTRATION -

LESSON MAP

Non-Institutional Community-
Corrections Based Programs

Financial
Probation
Liability

Social
Parole
Degradation

Removal
Executive
from the
Clemency
Group

This map shows the different types of non-institutional correction and different
community-based programs
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CONTENT

ENGAGE KNOWING NON-INSTITUTIONAL CORECTIONS AND

COMMUNITY-BASED PROGRAMS

ACTIVITY NO. 1 – May I Ask?

Instruction: Answer the questions based in your understanding.

1. Have you been corrected for the bad actions or mistakes that you’ve made? State your case.
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2. If your answer to number 1 question is “yes”, did you apply it? And how?
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EXPLORE UNDERSTANDING NON-INSTITUTIONAL CORRECTIONS AND

COMMUNITY – BASED PROGRAMS

ACTIVITY NO. 2 – Read and Understand

Instruction: Read and thoroughly understand the topics below

“NON - INSTITUTIONAL CORRECTIONS”

Non - Institutional Correction - are punishments implemented out from jail. These methods imple -
mented in accordance with our laws are beneficial not only to the concerned offender,
but more so with the state because these will decongest jails and prison, it is
economical to the government, and most of all, offenders are treated more humanely.

Types of Non – Institutional Correction

1. Financial Liability

a. Fine - it is a pecuniary penalty imposed upon a person convicted of a violation of law.

A1. As a single penalty - it is a penalty itself and there is no other penalty

A2. As alternative - it may be imposed as substitute to other forms of penalty

Example : Fine or imprisonment

The offender can select between fine or imprisonment. If he can afford he

just pay the fine and he will stay out of prison, but if he cannot pay the fine, he will
be imprisoned.

A3. Fine as a conjunctive penalty - imprisonment and fine. Here, the offender
has no choice. He will pay the fine (damages) and at the same time he
will be imprisoned.

b. Bond to Keep Peace - it shall be the duty of any person sentences to give bond to keep peace
to present two (2) sufficient sureties who shall undertake that such person will not commit
the offense sought to be prevented, and that in case such offense be committed they will
pay the amount determined by the court. The court shall determine, according to its dis -
cretion, the period of duration of the bond. When the person sentence fail to give the bond
as required he shall be detained for a period which shall in no case exceed six months - if
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he shall had been prosecuted for grave or less grave felony. And shall not exceed thirty
days - for a light felony

c. Restitution - the thing itself must be made whenever possible, with allowance for any
deterioration of value as determined by the court. The thing itself shall be resorted
even though it can be found in the possession of the person who has acquired it by
lawful means.

d. Reparation - the court shall determine the amount of damage, taking into consideration
the price of the thing whenever possible, and its special sentimental value to the
injured party.

e. Indemnification - shall not include not only those caused the injured party but also
these suffered by his family or by a third person by reason of the crime.

2. Social Degradation

a. Civil Interdiction - shall deprive the offender during time of his sentence of :
- the right of parental authority or guardianship, either as to the person or property
- the right of marital authority
- the right to manage his property by any act

b. Perpetual or Temporary Absolute Disqualification - for public office shall produce

the following effects:

- the deprivation of the public officers and employment which the offender may
have held, even if conferred by popular election

- The deprivation of the right to vote in any election for any popular elective office
or to be elected to such office.

- The disqualification for the offices or public employment and for the exercise of
any of the rights mentioned.

- the loss of all rights to retirement pay or other pension for any office formerly
held
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3. Removal from the Group

a. Banishment or Destierro - any person sentenced to destierro shall not be permitted to

enter the place or places designated in the sentence, which shall be not more than 250
and nor less than 25 kilometers from the place designated

Community Based Programs

Community – Based Programs are the following:

1. Probation – granted by the Trial Court

2. Parole – granted by the Board of Pardons and Parole
3. Executive Clemency – granted by the Chief Executive
a. Pardon
b. Amnesty
c. Commutation
d. Reprieve

THE PROBATION SYSTEM

Probation - is the privilege granted to a person who is convicted of criminal offense to serve his punish-
ment outside prison, subject to the conditions imposed by the sentencing court and to the
supervision of a Probation Officer.

History of Probation

England

Early in the 19th century, the English magistrates initiated experiment to save young and
inexperienced offenders from the stigma of prison.

The origins of probation can be traced to English criminal law of the Middle Ages. Harsh
punishments were imposed on adults and children alike for offenses that were not always if a
serious nature. Sentences such as branding, flogging, mutilation and execution were common.
During the time of King Henry VIII, for instance, no less than 200 crimes were punishable by
death, many of which were minor offenses.
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This harshness eventually led to discontent in certain progressive segments of English

society concerned with the evolution of the justice system. Slowly, yet resolutely, in an effort to
mitigate these inhumane punishments, a variety of measures were devised and adopted. Royal
pardons could be purchased by the accused; activist judges could refrain from applying statuses
or could opt for a lenient interpretation of them; stolen property could be devalued by the court
so that offenders could be charged with a lesser crime. Also, benefit of clergy, judicial reprieve,
sanctuary, and abjuration offered offenders a degree of protection from the enactment of harsh
sentences.

Eventually, the courts began the practice of "binding over for good behavior," a form of
temporary release during which offenders could take measures to secure pardons or lesser
sentences. Controversially, certain courts in due time began suspending sentences.

In the United States, particularly in Massachusetts, different practices were being

developed. "Security for good behavior," also known as good aberrance, was much like modern
bail: the accused paid a fee as collateral for good behavior. Filing was also practiced in cases
that did not demand an immediate sentence. Using this procedure, indictments were "laid on
file" or held in abeyance. To mitigate unreasonable mandatory penalties, judges often granted
a motion to quash based upon minor technicalities or errors in the proceedings. Although
these American practices were genuine precursors to probation, it is the early use of
recognizance and suspended sentence that are directly related to modern probation.

Two names are most closely associated with the founding of probation: Matthew
Davenport Hill, an 18th century English barrister and judge, and John Augustus, a 19th Century
Boston boot-maker.

As a young professional in England, Hill had witnessed the sentencing of youthful

offenders to one-day terms on the condition that they be returned to a parent or guardian who
would closely supervise them. When he eventually became the Recorder of Birmingham, a
judicial post, he used a similar practice for individuals who did not seem hopelessly corrupt. If
offenders demonstrated a promise for rehabilitation, they were placed in the hands of generous
guardians who willingly took charge of them. Hill had police officers pay periodic visits to these
guardians in an effort to tack the offender's progress and to keep a running account.

Mathew Davenport Hill - considered the Father of Probation in England. He left an interesting
account of his experiments in Birmingham Court. He had thus acted with regard to
juvenile offenders:
- when there was ground for believing that the individual was not wholly corrupt
- when there was reasonable hope of reformation
- when the could be found persons to act as guardians kind enough to take charge
of the young convict.
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America

The first practical demonstration of probation - then called as a court service - and the
enactment of the 1st Probation Law occurred in Massachusetts.

John Augustus, the "Father of Probation," is recognized as the first true probation officer.
Augustus was born in Woburn, Massachusetts, in 1785. By 1829, he was a permanent resident
of Boston and the owner of a successful boot-making business. It was undoubtedly his
membership in the Washington Total Abstinence Society that led him to the Boston courts.
Washingtonians abstained from alcohol themselves and were convinced that abusers of alcohol
could be rehabilitated through understanding, kindness and sustained moral suasion, rather
than through conviction and jail sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first
probationer. The offender was ordered to appear in court three weeks later sentencing. He
returned to court a sober man, accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had dramatically changed. Augustus thus began an
18-year career as a volunteer probation officer. Not all of the offenders helped by Augustus
were alcohol abusers, nor were all prospective probationers taken under his wing. Close
attention was paid to evaluating whether or not a candidate would likely prove to be a
successful subject of probation. The offender's character, age and the people, places and things
apt to influence him/her were all considered.

Augustus was subsequently credited with founding Investigations, one of three main
concepts of modern probation, the other two being Intake and Supervision. Augustus, who kept
detailed notes on his activities, was also the first to apply the term "probation" to this process of
treating offenders. By 1858, John Augustus had provided bail for 1,946 men and women, young
and old. Reportedly, only ten of this number forfeited their bond, a remarkable accomplishment
when measured against any standard. His reformer's zeal and dogged persistence won him the
opposition of certain segments of Boston society as well as the devotion and aid of many
Boston philanthropists and organizations. The first probation statute, enacted in Massachusetts
shortly after this death in 1859, was widely attributed to his efforts.

He generally recognized as the first probation officer, and died on June 21, 1859.
In recognition of his work, he was named as the "Father of Probation".

Edward N. Savage - was hired to be the first paid probation officer in Boston after which Probation
have gain a worldwide acceptance as an alternative to prison.
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EXPLAIN DEEPENING MY UNDERSTANDING ABOUT NON-INSTITUTIONAL CORRECTIONS

AND COMMUNITY – BASED PROGRAMS

Activity No. 3 Read Me - Knowledge

Instruction: Answer the following questions based in your understanding.

1. In a summary, discuss the history of Probation.

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2. Why Mathew Davenport Hill considered as the Father of Probation in England, and John
Augustus in America?
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TOPIC SUMMARY
In this lesson, you have learned that:
1. Non - Institutional Correction are punishments implemented out from jail. These methods im-
plemented in accordance with our laws are beneficial not only to the concerned offender, but
more so with the state because these will decongest jails and prison, it is economical to the
government, and most of all, offenders are treated more humanely.

2. Probation is the privilege granted to a person who is convicted of criminal offense to serve his
punishment outside prison, subject to the conditions imposed by the sentencing court and to the
supervision of a Probation Officer.

3. Mathew Davenport Hill considered the Father of Probation in England. He left an interesting
account of his experiments in Birmingham Court. He had thus acted with regard to juvenile
offenders.
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4. John Augustus generally recognized as the first probation officer, and died on June 21, 1859. In
recognition of his work, he was named as the "Father of Probation".

5. Edward N. Savage was hired to be the first paid probation officer in Boston after which
Probation have gain a worldwide acceptance as an alternative to prison.

REFERENCES

Plopino, W and Barreda, A (2016) Institutional Correction 2nd Edition. Quezon City.
ChapterHouse Publishing Incorporated

Foronda , Mercedes A. (Ret) 2014. Correctional Administration 1 (Non-Institutional Based

Corrections) Second Edition Muntinlupa City. Wiseman’s Books Trading, Inc
Coll No. 365 F23

Montojo , Felipe G. 2007 The Philippine Probation System Lesson for Criminology Students
Madaluyong City. National Book Store Coll No. 364 M65