Institutional

Correction
CA1 MODULE

Prepared By:
BONOTAN, PERCILA FLORDELIZ M. RCRIM

Department CRIMINOLOGY
Course No. CA1
Course Title Institutional
Correction
Number of Units 3
Instructor’s Percila
Name Flordeliz M.
Bonotan

Course Description
 An examination of the history, philosophy and objectives of imprisonment and the
development of prisons. A study of institutional agencies in the Philippines, to include
BJMP which oversees city and municipal jails; provincial jails and the Bureau of
Corrections and their institutions in terms of their structures, management, standards,
programs and services.

A critical analysis of the laws creating these agencies to determine areas for possible
improvement. The study focuses on the implementation of the U.N. Standards on
minimum rules in treating offenders, the implementation of punishment and the
application of modern theories and principles of corrections. It integrates the new
Penology Administration and the Rehabilitation Programs undertaken by the Bureau of
Jail Management and Penology.

Course Objectives
At the end of the course, you will be able to
1. Learn the historical development of Penology.
2. Discuss the concept of punishment and its purpose.
3. Recognize the role of Corrections in the Criminal Justice System.
4. Learn the proper handling of and treating criminal offenders.
5. Know the standard rules in treating prisoners set by the Nation;
6. Explain the classification process through which the rehabilitation, program of prisoners
are carried out; and
7. Know the legal aspect influencing the Philippine Correctional System.

Course Outline
 Week Nature and trends of
1 punishment

Week The United Nations

2 Program
Week Custodial
3 Characteristics of the
Institution
Week Religious Services
4
Week Counseling, Casework
5 and Clinical Services
Week Bureau of Prisons to
6 Bureau of Corrections
Week PARDON
7
Week Coordination of
8 Probation
Week Laws governing the
9 Corrections of Criminals
Week Philippine Correctional
10 Philosophies and their
Legal Basis

CORRECTIONAL ADMINSITRATION- INSTITUTIONAL CORRECTION

NATURE AND TRENDS OF PUNISHMENT

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

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

The general concept of punishment is that it is infliction of some sort of pain on

the offender for violating the law. This definition is not complete in the sense that it does
not mention the condition under which punishment is administered or applied. In the
legal sense, it is more individual redress, or personal revenge. Punishment, therefore, is
defined as the redress that the state takes against an offending member.

Punishment is restricted to such suffering as is inflicted upon the offender in a

definite way by, or in the name of, the society of which he is a permanent member.
Punishment must be intended and not accidental, to produce some sort of justified
suffering on the offender. It is essential that the offender should be forcibly made to
suffer and that society is justified in making him suffer. Punishment is a form of
disapproval for certain behaviors that is followed by imposing a penalty. Punishment
makes the offender stigmatized and penalized. The offender may or may not actually
suffer, under the intentional application of punishment, depending on the circumstances
it is applied and the toughness of the individual offender.

Forms of Punishment

The forms of punishment in primitive society were:

1. Death penalty
2. Corporal punishment
3. Public humiliation and shaming
4. Banishment.

Death penalty was carried out by

1. hanging
2. burning
3. immersing in boiling oil
4. feeding to wild animals
5. Other barbaric ways.

Corporal punishment was inflicted the offender by

1. Flogging
2. Mutilation
3. Disfiguration
4. Maiming

Public humiliation and shaming were effected by

1. the use of stocks and pillory

2. docking stool
3. branding
4. Shaving off the hair, etc.

Justifications of Punishment
The theories or justifications or punishment vary from one stage of civilization to
another. The most common justifications of punishment are retribution, expiation or
atonement, deterrence, protection and reformation.

Retribution

In primitive days punishment of the transgressor was carried out in the form of
personal vengeance. Since there were no written laws and no courts, the victim of a
crime was allowed to obtain his redress in the way he saw fit. Oftentimes, the retaliatory
act resulted to infliction of greater injury or loss than the original crime, so that the latter
victim was perforce afforded his revere. Punishment therefore became unending
vendetta between the offender and the victim. Later, an attempt was made to limit the
retaliation to the degree of injury inflicted, thus the philosophy of “an eye for an eye”
evolved. During this period nearly all offenses that are now included in criminal codes
as public crimes, were considered private offenses for which the victims were allowed
their redress through personal vengeance.

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

Expiation or Atonement

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

The group would therefore demand that the offender be punished. When
punishment is exacted visibly or publicly for the purpose of appeasing the social group,
the element of expiation is present. Expiation is therefore, group vengeance as
distinguish from retribution which is personal vengeance. Punishing the offender gives
the community a sense of its moral superiority, an assurance that virtue is rewarded
after all. Hostile action against the offender brings about cohesiveness in society.
Corporal punishment in most modern countries has been abolished and the application
of punishment has tended to be withdrawn from the public eye. Some segments of
society, however, still cling to the belief wrong doing or in order that punishment be
punishment.

Deterrence

It is commonly believed that punishment gives a lesson to the offender; that it

shows other what would happen if they violate the law; and that punishment holds crime
in check. This is the essence of deterrence as a justification for punishment.

Cesare Beccaria, an exponent of the Classical School of Criminology and whose

writings at the end of the 18th century renovated the punitive justice system of Europe,
contended that the intent of punishment should not be to torture the criminal or to undo
the crime (expiation) but to “prevent others from committing a like offense”. He
advocated the theory that “a punishment should have only that degree of severity which
is sufficient to deter others. It is doubtful if punishment is as the proponents think. In one
New England state during the 18th Century, theft was punishable by whipping the
offender in the public plaza. The purpose of whipping the thief within the public view
was to deter others from committing the same offense. Public whipping, however, did
not diminish the incidence of the theft in that state.

In England during the 18th century, pick pocketing was one of fifty offenses
punishable by hanging. The offender was hanged on a Sunday afternoon in order to
draw the largest number of spectators. The hanging would be preceded by a brass
band playing in the morning until in the afternoon. On this occasion, thousands of
spectators would mill their way in the crowd to obtain better view of the victim at the
condemned man was executed. On this same occasion professional pick picketers were
busy plying their trade in the crowd. The multitude that came to view the hanging were
there to see how the offenders withstood their fate, how callous they were, and how
they would react to the jeers and chastisement of the crowd. In some instances
punishment undoubtedly has a deterring effect. For the great mass of infractions of the
law, however, the fear of punishment does not enter into the causation.

The conception of deterrence presumes that the person thinks before he acts
and that all he has to do is to think of the consequences and then he will be deterred.
Actually this is not so because offenders commit crimes without the fear of punishment
uppermost in their minds. There are certain types of offenders who could not be
deterred by the fear of punishment, namely, the behavior of the moment type involved in
crimes of anger and passion; and the type of offender whose antisocial behavior is
connected with his personality pattern and is part of his approach to life as exemplified
by the psychopathic offender and the neurotic offender.

There is no doubt, however, that some types of offenders, particularly first

offenders, can be stigmatized by the lightest form of punishment. To others more inured
in crime; going in and out of penal institutions does not deter.

Protection

Protection as a justification of punishment came after prisons, were fully

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

How effective is protection as justification of punishment? Or how effective is

imprisonment as a means of protecting the community against crime?

According to statistics, the prison population of the Federal Bureau of Prisons

and the Correctional Departments of Minnesota and Washington DC represent a very
insignificant portion (only 3.5%) of the whole criminal population. Ninety-six and five
tenth percent (96.5%) of crimes reported to the police remain at large. These figures do
not include crimes not reported to the police, the volume of which is unknown.
Therefore, from these data we can conclude that imprisonment cannot protect society
from crime. Even if all convicted offenders were kept in prison for life, still the 96.5%
who are at large will continue to plague society. Also, imprisonment as an end of
punishment is not tenable because prisoners are released within a short period of
confinement. Statistics show that their average stay inside prison is from three to five
years, after which they are again ready to commit further crimes.

Reformation

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

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

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

Probation, which is a substitute for imprisonment, and parole which an early

release from prison, are intended to reform the offender. A new concept of correctional
administration has developed, thus reformation and rehabilitation are now thought of as
“treatment”. Treatment through institutional programs and through probation and parole
services is the modern version of reformation and rehabilitation.
 Limitations of Punishment

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

enumerated justifications, are:

1. Punishment makes the criminal cautious about concealing his criminal activities
2. Stigmatizes him and isolates him from society; makes him a martyr or a hero; and
develops in him an antisocial grudge and a strong resentment of authority.
3. Punishment on the other hand does not deter; does not repair damage to society; or
reconstruct the personality of the offender.

Trends of Punishment

The principal trends of punishment are in the development of exemptions,

pardon, and communications; the decline in the severity of punishment; the growth of
imprisonment and its modifications; good time allowances; indeterminate sentences;
suspended sentence and probation, conditional release, parole, short sentences, and
fines.

Exemptions of Punishment

The basis for exemptions is usually social. In Europe, Kings and Rulers in
ancient and early modern society could do no wrong. Upper classmen were often
times exempted from criminal liability for offences, which caused the commoner long
imprisonment or death penalty.

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

Pre-Classical Theories of Punishment

After the demonological era in which ideas were ancient and barbaric as to
treating criminal offenders, man was able to ponder himself on humanistic ideas of
dealing with people and the society as a whole.

Secular Theory

When men began to live in simple communities, the history of punishment for
wrong doings began, but criminology, which is man systematic attempt to explain crime,
was still unknown. Man has always been concerned with the effort of solving the crime
committed in his midst rather than seeking an explanation for the occurrence of crime.

The first attempt to explain crime was made by the Athenian philosopher,
Aristotle. In his book “Nicomedean Ethics”, he discusses corrective justice, thus –
“punishment is a means of restoring the balance between pleasure and pain”. This
philosophy of individual determinism that existed up to 400 B.C., was another form of
the so called “free-will theory. It implied a notion of causation in terms of free choice to
commit crime by rational men seeking pleasure and avoiding pain.
 According to Aristotle, “corrective justice is a means whereby the loss suffered by
the wronged man is compensated. Suffering by the offender restores the balance
between the injured and the transgressor.

The Judean—Christian Theory

Following the Secular Theory of punishment was the Judean or Christian Theory,
which was at its fullest development during the death of Christ in 30 A.D. This theory of
expiation believes that punishment has a redemptive purpose of repelling sin advocated
by the devil.

Rise of the Canonical Courts - A system of trial and punishment was

established in the 4th Century A.D. Rivalry existed between the church and state in
trying offences. Primitive justice was not so much concerned with determining of guilt as
with saying that the proper religious ritual that observed by private parties in settling
private disputes. In the early Christians era, the Church forbade its adherents to resort
to state courts and later in the Medieval Period the power of state courts declined and
the power of Canonical Courts increased. Criminal Courts distinct from civil courts and
separate from the administration of government had their origin in the Roman Republic
some two centuries before Christ and became firmly established under the empire. The
theory of punishment under the church court was mainly reformatory in purpose.

Individualization of Punishment - The lawmakers and judges had the practical

task of making and administering law not only in the light of such theories of free will
and responsibility, but also face to face with the indignation of the community at a
particular offense.

Abused of Judicial Individualization - The law gave judges wide

direction to impose additional properties in view led to the circumstances. This theory
gave the judges tyrannical power that led to abuses. Class discrimination in the
administration of justice arose. The Hebrew right of sanctuary and the medieval truce of
God were religiously motivated by limitations on punishment. Yet such practices as
expiation and penance demanded punishment as a process of balancing account with
God. The infliction of the punishment became a sort of religious ceremony. The
canonical courts introduced the modern principle of individualization, but not on
 scientific grounds, and this very unscientific individualization led to serious abuse and
injustice. In early American times there was a strong religious motivation behind the
reform movement and for the aid of released prisoners. The very significant reform
instituted by the Quakers in Philadelphia as well as the somewhat conflicting efforts of
Louis Dwight and his society in Boston evidenced religious influence, though the former
were philosophical in origin. But though animated by a kindly Christian spirit, these
reform movements were not concerned with understanding the criminal. Moreover,
these religious reformers though of the process of reform as a process of getting right
with God rather than of seeking social conditions which would prevent the recurrence of
crime.

The Classical School of Penology

The classical theory came about as a direct result of two influences:

1. It came about as a protest against the abuses and discretionary power of judges
2. It was also influenced by the philosophical school of Rousseau

Cesare Beccaria of Italy in his book, “Crime and Punishment,” published in

1764, bewailed over the cruelties and inequalities of the law and the courts of his time.
He holds that justice consists of equal treatment of all criminals for like offenses,
whereas, the courts of the day were dealing unequally with criminals according to their
rank and influence. Beccaria would have the legislature, not the court, determine the
exact punishment appropriate to each crime. No discretion would thus be left to the
judge.

Beccaria’s protests were directed against:

1. Arbitrary penalties given by the judges

2. Uncertainty and obscurity of the laws
3. Defects in criminal procedure in admission of testimonies
4. Secret accusations
5. Torture
6. Incrimination of witnesses
7. Long pending cases
8. Abuse of power by rich against the poor, etc.

Jeremy Bentham of England, another exponent of the classical school, also

holds that society must reward those who accept responsibility and punish those who
do not, thus bringing pleasure and pain into the service of society.

The philosophy of the Classical School

The classical school holds:

Advantages of the Classical School

1. It was easy to administer – The judge was only an instrument to apply the law.
2. It eliminated the arbitrary sentence.

Disadvantages

1. It was unfair – It treated all men as mere digits without regard to difference in individual
natures and circumstances.
2. It was unjust – It made first offenders and recidivists equally punished.
3. It did not individualize punishment.
4. It was the magna carta of the professional criminal in that he knew what was coming to
him and could calculate the risk.
5. It considered only the injury caused, not the state of the mind and nature of the criminal.

The Neo-Classical School of Penology

Influenced by the French Revolution and the Quakers of the New England
states, the Neo-Classical School, was advocated at the beginning of the 19th century.
The French Code of 1819, the principles of the classical school remained intact but the
system of defined and variable punishments was modified. The judge was given
direction in certain crimes to vary punishment between the maximum and the maximum
fixed by the law. Under the Code the judge could not admit extenuating circumstances.
 The Classical Theory remained intact in its theory that “every person equally free
and therefore equally responsible.” Since the publication of the French Code of 1819,
the struggle has been to individualize the punishment by setting up varying degrees of
responsibility. The Neo-Classical School admitted extenuating circumstances in the
criminal himself. It admits too that minors are incapable of committing crime because
they have not reached the age of responsibility. And it also admits that certain adults
are incapable of committing crimes because of their conditions they are not free to
choose.

Result of the Neo-Classical theory

1. Exempting circumstances admitted

2. Reduction of punishment for partial freedom of the will – only partial responsibility
3. Punishment was mitigated for lack of full responsibility
4. It represented the reaction against the severity of the classical theory of equal
punishment irrespective of circumstances

The Italian or Positivist School of Penology

Cesare Lomroso’s “The Criminal in Relation to Anthropology, Jurisprudence,

and Psychiatry” was published 100 years from the publication of Beccaria’s book,
“Crime and Punishment.” Lombroso, in his book, sought to explain crime in terms of the
physical make-up of the criminal, thus – the vicious soldier was distinguished from the
honest soldier by the extent to which the former was tattooed and by the decency of the
designs. In studying the insane, the patient, not the disease, should be the object of
attention.

Enrico Ferri was born in Italy in 1856. Ferri advocated the “Theory of
Imputability and the Denial of the Free Will” in 1878. Ferri contributed to the emphasis of
the social factors such as
1. Physical factors, including geographical, climate, temperature, etc.
2. The anthropological factors including psychological factors
3. The social factors, including economics and political factors as well as age, sex,
education, religion.

Rafaele Garofalo was born in Naples in 1852, from parents of Spanish origins.
Garofalo thinks that crime can be understood only as it is studied by scientific methods.
The criminal is not a free moral agent, but is the product of his own traits and his
circumstances.

Results if the Italian School

1. Emphasis shifted from legal; metaphysical and juristic abstraction to a scientific of the
criminal and the conditions under which he commits crime.
2. Treatment began to be based from study of the criminal.
3. The old purpose of punishment was changed –
4. Retribution was eliminated.
5. Deterrent effect theory modified – does not apply to those who could not foresee
consequences.
6. Rehabilitation re-emphasized but applied with discrimination to certain classes.
7. Protection of society is open to be the primary purpose of treatment.
8. Prevention of crime by early treatment of juveniles

The Modern Clinical School of Penology

This theory advocates the study of the criminal rather than the crime. This school
is interested primarily in the criminal himself in order to determine the conditioning
circumstances that explain his criminality and in order to obtain light upon the problem
of how he should be handled by the social group. While Lombroso emphasized on the
physical characteristics, Ferri – Garafalo emphasized the psychological and social
factors, the Clinical School emphasized the psychological and social factors, but in
terms provided by the new knowledge furnished by the later psychology and sociology.
 Emphasis on social psychology – the influence of interaction between individuals,
and groups, and the relationships between emotional balance and intellectual integrity
are considered.

The Modern Clinical School advocates the idea that the criminal is the product of
his biological inheritance conditioned in his development by the experience of life to
which he has been exposed from early infancy up to the time of the commission of the
crime. It also suggests adapting the treatment of each individual in accordance with the
diagnosis obtained by scientific study of the criminal. This school entirely repudiates
retribution, expiation and intimidation. It gives a new content to the old terms of
deterrence, reformation and protection.

DEVELOPMENT OF MODERN CORRECTIONAL CONCEPTS AND STANDARDS

As previously stated, the earliest forms of punishment were death, torture,

maiming, and banishment. The jail was introduced in Medieval Europe as a place of
confinement of persons arrested and undergoing trial, and for those convicted of minor
offenses such as vagrancy, gambling and prostitution. Death, corporal punishment and
banishment were the penalties for offenses, which today are punishable by
imprisonment. Later, convicted offenders were chained to galleys to man the ships of
war. England, France and Spain used transportation system of punishment by
indenturing their convicts to penal colonies where they served as slaves until they
completed the service of their sentences.

Transportation of offenders to penal colonies was practiced principally by

European countries that had acquired distant colonies because of the need to import
labor into these colonies. England more than any other imperialistic country in Europe,
made extensive use of transportation. England began transporting prisoners in 1718, by
sending her convicts to the American Colonies until the American Revolution. When the
colonies obtained their independence, England diverted her convicts to Australia and
New Zealand. England abandoned transportation of prisoners in the last half of the 19th
century, after much agitation and protests on the part of the colonies.

Development of Prisons
 Prisons evolved as a substitute for transportation, exile, public degradations
particularly corporal punishment, and the death penalty. In this United States where
prisons were first established, imprisonment was introduced as a substitute for corporal
punishment and death penalty when, by the provision of the Pennsylvania Reform Law
of 1790, corporal punishment was abolished and the list of offenses punishable by
death was reduced to only one offense – that of first degree murder. As the United
States and Europe curtailed the use of the death penalty, prisons and penitentiaries
were constructed to take care of the unexecuted and unpardoned criminals. Long
sentences required prisons and penitentiaries that were not places of detention for
those awaiting trial or short sentences but for lengthy stay of offenders convicted of
serious crimes.

The Auburn and Pennsylvania System

Two rival prison systems appeared in the scene during the early history of
imprisonment, namely, the Auburn and the Pennsylvania prison system, established in
1819, and 1829, respectively. The features of the Auburn system were confinement of
the prisoners in single cells at night and congregate work in shops during the day. The
features of the Pennsylvania system were confinement of the prisoners in their own
cells day and night. Both the Auburn and Pennsylvania systems observed complete
silence. States of the United States, which constructed their prisons, patterned them
after the Auburn prison system, while European countries adopted the Pennsylvania
system.

The Reformatory Movement

There was no significant progress in prison work worth mentioning until the
middle of the 19th century. Most of the prisons established between 1819 and 1870
were constructed on the basis of a program espousing the punitive philosophy, the
features of which were mass treatment, enforced silenced, idleness, regimented rules
and severe punishment.

In Europe, several penal administrators can be mentioned as among those

who contributed to the progressive development of the reformatory system. Manuel
Montesimos, who was the Director of the prisons of Valencia, Spain, in 1835, divided
prisoners into companies and appointed prisoners as petty officers in charge. Academic
classes of one hour a day were given all inmates under 20 years of age.

Domets of France established and agricultural colony for delinquent boys in

1839. The boys were housed in cottages with house fathers as incharge. The system
was based on re-education rather than force. When discharge the boys were place
under the supervision of a patron.

In England, Alexander Maconochie, superintendent of penal colony at Norfolk

Island in Australia, introduced a progressive humane system to substitute for corporal
punishment – the Mark System. When a prisoner earned a required number of marks,
he was given his ticket of leave, which is the equivalent of parole. Maconochie
introduced several other progressive measures, which aimed at rehabilitating prisoners.
He introduced fair disciplinary trials, built churches, distributed books, allowed plays to
be staged, and permitted prisoners to tend small gardens. For his progressive
administration of prisoners, Maconochie should be considered one of the fathers of
modern penology. Maconochie is considered the “Father of Parole System”.

One of the most famous contributors to the reformatory movement was Sir
Walter Crofton, Chairman of the Directors of Irish prisons. In 1856, Crofton introduced
the Irish System, similar with that of Maconochie’s Mark System, latter on called the
progressive stage system. The first stage of the Irish system was solitary confinement
for nine months at a certain prison. The prisoners at this stage were given reduced diet
and allowed monotonous work. The prisoners progress to a more interesting work,
some education, and better treatment toward the end of the first stage. The second
stage was an assignment to the public works at Spike Island. The prisoner worked his
promotion through a series of the grades, according to a mark system, and wore a
badge of distinction to show his status. The purpose of the mark system and the
progression through grades was to shorten the length of stay. In the third stage the
prisoner was sent to Lurk or Smithfield. Which was a sort of preparation for release.
 Here, the prisoner without custodial supervision and was expose to ordinary temptations
of freedom. The final stage was the release on supervision under conditions equivalent
to present day parole. The important then to remember in the Irish system is that
Crofton attempted to place the responsibility for self-improvement on the prisoner
himself through successive stages.

In 1876, the New York State Reformatory at Elmira opened with Zebulon
Reed Brockway as superintendent. Brockway introduced in Elmira a new institutional
program for boys from 16 to 30 years of age. The new prisoner was classified as
second grade and was promoted to first grade after six months of good behavior.
Another six months of good behavior in the first grade qualified him for parole. If the
prisoner committed a missed conduct he was demoted to third grade where he was
required to show good conduct for one month before he could be reclassified to second
grade. The Elmira system was based on the indeterminate sentence and parole.
Elmira had all the elements of modern correctional system, so that this institution is
often referred to as the forerunner of modern penology.

In England, Sir Evelyn Ruggles Brise, Director of English prisons, after visiting
Elmira in 1897, open a Borstal Institution near Rochedi, in Kent. The Borstal
Institution of England is today considered best reform institutions for young
offenders.

A Golden Age of Penology

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

1. In 1870, the National Prison Association, now American Correctional Association,

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

2. In 1872, the first International Prison Congress was held in London. Representative
of the government of the United States and European countries attended it. As a result
of this congress, the International Penal and Penitentiary Commission, an inter-
governmental organization was established in 1875 with headquarters at The Hague.
The IPPC held international congresses every five years. In 1950, the IPPC was
dissolved in its functions were transferred to the Social Defense Section of the United
Nations.
3. The Elmira Reformatory, which was considered as the forerunner of modern penology,
was opened in Elmira, New York in 1876. The figures of Elmira were a training school
type of institutional program, social casework in the institution, and extensive of parole.
4. The first separate institutions for women were established in Indiana and
Massachusetts.

The Decline of the Reformatory Movement

The Reformatory system movement subsided gradually following the opening of

Elmira because of the founders’ lack of faith in the effectiveness of the program. The
defect of the system was laid on the lack of attempt to study criminal behavior from
which to base treatment. By 1910, it was generally conceded that the reformatory
system of the United States was a failure in practice. It was not until 1930 that the
reformatory idea was revived as the direct result of the revamp of the educational
program of the Elmira Reformatory.

The Industrial Prison Movement

The Industrial Prison movement succeeded the Elmira Reformatory movement.

The U.S. Commonwealth preferred the Auburn prison system to the Pennsylvania
prison system because of its congregate work program. The value of prison labor began
to be recognized in every prison system because of contribution that the work program
gave to the finances of the institution. As the economic problem during the depression
years became more acute, the need for more income from the operation of the work
programs in prison became more deeply felt. State governments could hardly afford to
provide the funds with which to run the prisons because of the economic depression
that hit the United States before and in the early 1930’s. The operation of industries
inside penal institutions was therefore, considered a noble innovation that held support
the prisons. Nearly every prison, therefore, was converted into a factory engaged in the
manufacture of articles that were sold in the open market for profit.

At about this time, it was observed that there was a sudden increase of
criminality in the United States. Some people attributed the increase of criminality to the
depression. The United states Congress created a Congressional Committee were that
the rise in criminality was caused by the increase in recidivism and repeatership in
crime, and that the increase in recidivism and habitual delinquency was attributed to the
abandonment of the rehabilitation program in penal institutions in favor of the operation
of industries. As a remedial measure, Congress passed a law in 1934, which in effect,
prohibited the sale of prison-made articles to the public, and limited their use to
government-owned institutions and agencies. This law put an end to the Industrial
Prison Movement.

The Classification Movement

The reorganization of the Federal prison system in 1930 started the movement
for modern correctional reforms. A Federal law created the Federal Bureau of Prisons
and placed a director as head of the system. As a result of the reorganization, the penal
institutions, which were formerly administered independently by their respective
wardens, were placed under the centralized jurisdiction of the Federal Bureau of
Prisons. Professionally trained personnel were recruited for the prison service and the
rehabilitation program of the institutions was accentuated.

World War II had its significant effects in the correctional field. Institutions
became seriously undermanned because personnel of all levels of the prison service
joined the war. On the other hand, civilian crimes decreased. To augment the shortage
of civilian manpower, prisoners volunteered to work in farms, and factories were
established in many prisons. Spurred by patriotism, prisoners volunteered for painful
and dangerous medical experiments in connection with the war efforts.

Following World War II, significant events marked the period. First was the
wave of penal reforms in the southern states, and second was the series of prison riots
of the 1950’s. The southern states, which were notoriously known for backwardness in
prison administration, undertook progressive reforms with Texas taking the leadership in
1947. Texas reorganized its penal system, built new institutions, and employed
professionally trained personnel. Other states included in the reform were Alabama,
Louisiana and North Carolina.

Another notable achievement in the correctional field after World War II was
the progress attained by the State of California. In 1944, the California Prison System
was reorganized into the California Department of the Corrections with a Commissioner
of Corrections as head. Also include in the reorganization was the establishment of the
Reception and Guidance Center, a new type of institution for the study of the prisoner
and preparation of his treatment and training program in prison. More penal institutions
were constructed and all the institutions within the system were classified according to
program specialization and degree of custody of inmates confined therein. From then
on, the California Department of corrections assumed leadership in correctional work.

In contrast to the programs attained in the field of correction, two problems

plagued the systems, namely; idleness in prison and the deplorable conditions existing
in county jails. The war efforts in prison proved that prisoners had the willingness and
ability to work, but due to lack of employment facilities, a bigger portion of the prison
population remained idle. While prisons and other correctional institutions have reached
a considerable degree of progress up to the 1950’s the reverse is true with respect to
jails. The jails had remained as an institution most resistant to change.

The most recent developments in correctional system are the diversification of

adult penal institutions and the individualization of treatment and training of prisoners.
State correctional systems have adopted California’s today, no prison system that has
for its aim the rehabilitation of prisons can operate effectively without these programs.

The Manual of Correctional Standards issued by the American Correctional

association states: “The essential elements of a well-rounded correctional program of
individualized training and treatment in an institution for adult offenders include the
following: Scientific classification and program-planning on the basis of complete case
histories, examinations, tests and studies of the individual prisoners; adequate medical
services, having corrective as well as curative treatment as their aim, and making full
use of psychiatry; psychological services, properly related to the problems of education,
work assignment, discipline and preparation for parole; individual and group therapy
and counseling, and application of the therapeutic community concept, under the
direction of psychiatrists, psychologists, or other trained therapists and counselors;
casework services, reaching families as well as prisoners; employment at tasks
comparable in variety, type and pace of work of the world outside, and special tasks
with vocational training value; academic and vocational education, in accordance with
the individual’s needs, interests, and capabilities; library services, designed to provide
wholesome recreation and indirect education; directed recreation, both indoors and
outdoors, so organized as to promote good morale and sound mental and physical
health; a religious program so conducted as to affect the spiritual life of the individual as
well as that of the whole group; discipline that aims at the development of self-control
and preparation for free life, not merely conformity to institutional rules; adequate
buildings and equipment for the varied program and activities of the institutions, and
above all, adequate and competent personnel, carefully selected, well trained, and
serving under such conditions as to promote a high degree of morale and efficiency.”

Development of Probation

Probation started in England with the old practice of suspending judgment and
releasing the offender on his own recognizance with the promise not to commit any
more crime. Often times, a surety was required and the guarantor was given the
authority to bring back the offender to the court if he violated the condition of his
release. In the United States, probation was practice in Boston by John Augustus in
1841. Although the first probation law was passed in Massachusetts in 1878 it was not
until the passage of the first Juvenile Court law of Cook Country (Chicago) in 1899 that
probation was widely used. Today, probation has won public acceptance as part of the
state correctional system by nearly all counties in the world.

In the Philippines, Act No. 4221 of the Philippine Assembly established adult
probation, but it was abolished in 1937 after two years of existence because it was
declared unconstitutional in the case of People vs. Vera, 37 O.G. 164. However,
probation for adult offenders was re-established by Presidential Decree No. 968 that
was signed by President Ferdinand E. Marcos on July 24, 1976.

Development of Parole
 The first parole law was passed in Massachusetts in 1837. At about the same
time, Captain Maconochie, in charge of the English Penal Colony in Norfolk Island,
Australia, introduced a system whereby a prisoner was given a “ ticket of leave “ (the
equivalent of parole) after earning a certain required number of marks. Parole was also
a feature of the Irish Prison system, which was established in 1856. Parole in the Irish
System was based on an indeterminate sentence and the mark system.

The Elmira Reformatory, likewise, had a limited form of indeterminate sentence

and a method of marks similar to the Irish system, and parole based on marks. The
principal defect of early parole systems was the manner of determining eligibility for
parole. It was the general practice to release the prisoner on parole after the prisoner
had acquired the required number of marks or credits. Today, good parole practices
base release not only on the record of work and conduct of the prisoner but also on the
prospective parolee’s successful adjustment to the community. The other defect of
parole then was the lack of supervision of the parolee in the community. It is now an
indispensable element of parole to provide parole officers to supervise parolees in the
field. Hardly can one find a correctional system without parole this time.

International Aspect of Correctional Work

Countries of Europe, the United States and the Far East had an interchange and
cross-diffusion of methods of criminal justice and penal philosophy and practices among
themselves as early as the beginning of the 19 th century. The first interchange of ideas
was primarily with reference to the type of physical plant of prison and especially
whether it should be individual or congregate cell and working quarters.

In the establishment of the Elmira Reformatory, which is considered the

forerunner of modern penology, Brockway adopted ideas of the experiment in Ireland
and Australia in the idea of indeterminate sentences. The founder of the first Borstal, in
his first visit of Elmira, was inspired by the new reform methods and incorporated them
in the first Borstal Institution established in England. The English Borstal became
models for other European countries and was highly recommended in the United
States.
 The first juvenile court which established in Chicago in 1899, was based on
principles long used in England, although England put up her own juvenile court some
years later when the Child Act of 1908 was passed.

The International Penal and Penitentiary Commission

The first attempts to achieve international cooperation with respect to the

prevention of crime and the treatment of offenders were largely the by-product of the
development of a scientific approach to the problem and of a general pattern of
international cooperation in the exchange of technical and practical information. The first
international organization in the field was the International Penal and Penitentiary
Commission established in 1875.

This organization was responsible for holding international penal and penitentiary
congresses every five years. The last congress was held in The Hague in August 1950.
The Commission developed publications; studies and international exchange of
information, and devoted a great deal of attention to the formulation of basic or
minimum standards of practice in the treatment of offenders.

The League of Nations limited its scope in the social field to the problem of
traffic of women and children. Gradually the League broadened the scope its activities
in the field and soon assumed responsibility regarding child welfare. The League
organized the Advisory Committee on Social Questions, which collaborated closely with
the International Penal and Penitentiary Commission. From 1925 onward, the League of
Nations took a more positive role with respect to penal and penitentiary questions. The
question of the treatment of adult offenders was actually taken up by the League of
Nations in 1930. The League did not create a special unit to deal with the prevention of
crimes and treatment of offenders. The League, however, collaborated actively with the
ten existing international organizations specializing in the field and was officially
recognized by the League as “technical organization “.

In 1934, the League of Nations adopted the “Standard Minimum Rules for the
Treatment of Prisoners “, drafted by the IPCC. The League requested all governments
to give the greatest possible publicity to the Rules; to take the necessary measures in
order that they might be observed; and to submit regular reports regarding their
application and regarding the prison reforms achieved in the respective countries. The
work of the League, however, was interrupted by the outbreak of the war in 1939. The
participants in the international activity in the field of crime prevention and treatment of
offenders were restricted to the countries of Europe, North America, and British
Commonwealth and to a small number of Asian and Latin-American States.
 Instruction.

Read and comprehend the following questions and explain each with minimum of 50
words. Use the corresponding answer sheet attached at the back of your module.
ASSESSMENT NO.1

1. Discuss the role or function of correction as a component of the Criminal Justice

system.
2. Discuss the significance of the provision of the Constitution for the protection of people’s
rights against unlawful imprisonment or detention.
3. Is the term correction provides the same meaning of imprisonment? Justify your
answer.
4. Provide the differences among Arbitrary Detention, Illegal Detention and Delay in
delivery of detain person to proper judicial authorities.
5. In your own opinion, why do we need to find some alternatives for imprisonment?

TRUE OR FALSE: Write TRUE if the statement is correct and FALSE if it is otherwise.
Write your answer in the corresponding answer sheet provided at the back of your
module.

1. Punishment can be utilized by the Government as a means of social control to cause

people to become cohesive and to induce conformity with the prescribe laws, rules and
regulations
2. Punishment by means of hanging, burning, immersing in boiling oil and feeding to wild
animals are forms of corporal punishment.
3. Punishment must be commensurate with the offense which means that different crimes
must be punished with different penalties.
4. Punishment often isolates the criminal, leaves in him a stigma and develops in his
person a strong resentment of authority.
5. Any who has violated penal laws will be subjected to punishment.

THE UNITED NATIONS PROGRAM

The Social Commission of the United Nations in the first session in 1946
expressed the view that the United Nations should assume the responsibility for
international action in the field of crime prevention and treatment of offenders.
Negotiations between the United Nations and the International Penal and Penitentiary
Commission led to an agreement for the dissolution of the latter body and for the
transfer of its functions to the United Nations. This plan of integration was approved by
the IPCC on August 12, 1950. The IPCC was actually dissolved on October 1, 1951.
 The Section of Social Defense is responsible for all functions of the Secretariat in
relation to the United Nations program in the field of prevention of crime and treatment
of offenders. This section carries out its duties (including the preparation of studies, the
formulation of basic principles of practice, and the publication of the “International
Review of Criminal Policy“) in close collaboration with the following bodies:

1. Expert Consultants – The United Nations utilizes the services of competent specialists
who are not regular members of the Secretariat. Consultants are required to carry out
their assignments in close collaboration with the Secretariat.

2. National Correspondents – By resolution of the General Assembly on December 1,

1950, member countries were invited to appoint one or more representatives of expert
qualifications or experienced professional scientists, in the field of prevention of crime
and treatment of offenders. The National Correspondents of the United Nations serve
as the Secretariat’s major sources of information on current developments in the field as
well as the major link between the United Nations and relevant national activities.

3. National Working Groups – National working groups have been established by the
secretariat in several countries, intended to form part of a comprehensive scheme for
the channeling of expert opinion on a national basis. The groups assist the United
Nations in its program of study and action.

4. Regional Consultative Groups – The United Nations provides for bi-annual meetings
of correspondents in appropriate “ consultative groups “ in the composition of which
ethnic, legislative and customary affinities are to be taken into account.

5. International Groups of Experts – This is a group of seven internationally recognized

experts. The group acts as an advisory body and advises the Secretary General and the
Special Commission in devising and formulating policies and programs relative to the
prevention of crime and treatment of offenders.

The United Nations has accepted the responsibility for the organization of World
Congresses on the prevention of crime and treatment of offenders every five (5) years
similar to the congresses formerly organized by the IPCC Word Congresses in the
prevention of crime and treatment of offenders were held in Geneva in 1955, in London
in 1960, in Stockholm in 1965, in Kyoto, Japan on August 17-30, 1970 and in Geneva in
1975. In addition to the quenquennial World congress, the United Nations has
organized periodic regional technical conferences in the field.

THE SCOPE OF THE CORRECTIONAL PROCESS

In recent years, the continuity of the correctional process from the moment of
conviction to the final release from legal control has been stressed. It is recognized that
probation, juvenile and adult institutional care, including jails and parole are all parts of
the same process.

Coordination and Direction

In the past it was the common notion that the penal system of a country was
limited to the operation of prisons. Due to the significant progress attained in the field of
correctional administration during the last 30 tears, it is now an accepted practice to
include probation, juvenile as well as adult institutions, and parole as integral parts of
the state correctional system. We now realize that society can be best protected against
crime if the offender is handled by the aforementioned agencies in a continuous
coordinated and integrated process, rather than he being dealt with through successive,
independent and loosely coordinated services by the same agencies. Since probation,
prison and parole deal with the same offender and use the same techniques and
procedures in the attainment of their objectives; it would be more economical to the
government if these agencies cooperate closely and integrate their services.
Furthermore, subjecting the offender to a series of interviews, tests and examination
successively and repeatedly by these agencies will only increase his bewilderment and
confusion and cause him to lose faith in the sincerity of the authorities to help him get
rehabilitated. Therefore, in as much as all agencies having anything to do with the
offender have but one objective to protect society against crime – these agencies
should consult each other and integrate their activities in order to attain their objectives
effectively and with the least expense and effort.

The State Department or Bureau of Corrections should be vested with the

jurisdiction to supervise jails. In the United States, all institutions for adult offenders
above the level of the jail fall under the Department of Corrections or the Bureau of
Prisons. In the United States, county jails although locally managed, are placed under
the supervision of Federal Bureau of Prisons. A jail inspection division of the Federal
bureau of Prisons inspects jail regularly. The Director of Prisons has the power to close
jails that are substandard and to approve building plans for new jails. In the Philippines,
the Director of Prisons similarly has supervisory powers over provincial and city jails but
his powers are limited in the sense that they are advisory and recommendatory only.
The prison law provides that the Director of Prisons “shall issue rules and regulations for
the government of national and provincial prisons or jails”.

Coordination of Institutions and Parole

Another step toward the fullest practicable coordination of the state’s correctional
services is to integrate institutions and parole as far as possible. This is so because the
two agencies deal with the same offender. Parole is the extension of imprisonment. The
period served on parole is part of the same sentence that he serves in the prison. The
prison program is directed towards the preparation of the prisoner for parole, and the
parolee’s successful adjustment to the community depends largely on the quality of that
preparation. Therefore, in order to attain the objective of reforming the offender, prison
ad parole should fall under one department, preferably the Department of Corrections or
Department of Justice. In California, prison and parole fall under the California
Department of Corrections. In the US Federal government and in the Philippine
government prison and parole are under the Department of Justice.

Institutions for Juveniles and Youths

The upper age limit for offenders considered as juvenile delinquents varies from
one jurisdiction to another. In some countries, 21 years of age while others 18. The
determining factor with respect to the upper age limit for juvenile offenders is the age
when the person is considered mature enough to possess and be able to use all his
faculties. In countries, therefore, which have low age limits to delinquency category,
there will be many offenders between 16 and 18 years of age are not yet mature
enough to be confined in institutions for adults. Due to the difference in philosophy and
methods of treatment in juvenile institution and prisons, the problem of how to deal with
a great number of offenders belonging to this group arises. In many states, institutions
for Youth Authority, an agency separate from the Adult Authority exists. In countries or
states, which do not have a youth authority program, arrangements can be made
legislation or by agreements between the departments concerned for the transfer of
those deemed too mature for juvenile institutions to a reformatory for youthful offenders.

Special Institutions and Facilities

Penal Institutions under the category of medical facility is of recent creation.

Many states or countries, in diversifying their penal institutions, have established
medical facility institutions, reception and diagnostic centers and institutions for criminal
insane. These special institutions all fall under the jurisdiction of the state correctional
system. Examples of such type of institutions are the California Medical Facility at
Vacaville and the Federal Medical City at Springfield, Missouri. The Medical facility at
Vacaville performs the dual function of a reception-diagnostic center for new prisoners
and a treatment center for prisoners who are suffering from chronic diseases and the
invalids. The Facility at Springfield, Missouri serves also as reception-diagnostic center
for Federal prisoners coming from the area, and as an institution for the treatment of
narcotic or drug addicts, criminal insane and invalids.

Coordination of Probation and Parole

The nature of probation and parole services is essentially the same. Probation
and Parole services attempt to held the convicted offender adjust himself in the
community as a law-abiding and productive member of the society. Both agencies use
the same techniques and procedures in helping their wards. Administratively, however,
both services at are opposite poles. The granting authority in probation is the judge.
Probation therefore is a judicial function. The staff that screens candidates for probation
belongs to the court. With respect to parole, the authority that grants parole is a Board,
which is under the executive branch of the government. Under the theory of separation
of powers, therefore, probation and parole cannot be placed under one department
administratively. However, the supervisory function of parole and probation over their
wards can be assigned to one agency. The Federal government of the United States
has this arrangement-the field supervision of probationers and parolees are done by
probation officers.
THE ADMINISTRATIVE ORGANIZATION OF A STATE CORRECTIONAL SYSTEM

During the early period of state correctional activity, prisons were regarded as
local institutions and each was separate and independent entity. Local boards of
trustees were appointed by the governor to advise him on policies and administration.
These unpaid boards frequently choose the warden and supervised his administration.
The abuses of power vested in local board of trustees in the matter of awarding prison
labor contracts led to the abolition of the board of trustees. With the increase in the
number of institutions, the need for coordination of institutional activities became
apparent, resulting in the creation of central state boards. Originally, the centralized
state boards coexisted with the local boards, exercising over-all supervision and
restraint over the latter. Later, the centralized state boards performed added
administrative functions and to a large extent, displaced the local boards of trustees.
They were usually known as “state boards of charities and corrections. “ The members
of the centralized state boards served without pay and were appointees of the governor.
They visited state prisons and advised the governor with regard to administration and
policy, bringing greater coordination than had previously existed.

The creation of state boards of control was the third step in the increasing
centralization of correctional administration. They were composed mainly of paid,
fulltime members, with far more comprehensive responsibilities than previous boards.
Their responsibilities included the selection of sites for new institutions, the direction of
care and treatment programs, the enunciation of institution policies, and the purchase of
supplies. Their primary interest however, was in the fiscal aspects of institutional
management.

Present-day Organizations – There is high degree of diversity in the

administration of state administration for corrections.

Local Boards of Trustees – Local boards of trustees still exist in seven states,
namely: Connecticut, Indiana, Arkansas, Delaware, Mississippi, and New Hampshire.
The criticism against local boards of trustees is that their knowledge of corrections is
limited. Because they are composed of persons who are usually have fulltime personal
obligations to fulfill in other fields, these boards suffer from infrequency of meetings;
important decisions are delayed, and ineffectual administration is the result.

Ex-Officio Boards – Four states in the United States have their correctional
program managed by ex-officio boards, which include the governor, state treasurer, and
other members of the governor’s staff. The reason behind ex-officio boards is that they
are less expensive to operate. The defect of the ex-officio board is that meetings are
infrequent because of the vast activities of these officials in their regular jobs. This form
of administrative control is used principally in states with few correctional institutions.

Boards of Control – The board of control are functioned in at least five states:
Iowa, Montana, Nebraska, North Dakota and West Virginia. The principal arguments
against the Board of Control type of administration are that decisions are often based on
compromise, action is slowed down, and it is difficult to fix responsibility in cases of
errors and misadministration.

Centralized Boards or Prison Commissions – Centralization of administration

in a board is utilized in nine states: Florida, Idaho, Kansas, Maryland, Oklahoma, South
Carolina, South Dakota, Texas and Utah. These boards vary in size of membership
from three to six or more persons. They are appointed by the governor and serve either
part time or full time. In some instances, one of the members assumes the
chairmanship and functions as chief administrator of the correctional program. The
criticisms against these boards are that their membership is frequently nonprofessional,
their decisions are slow and based on compromise, and responsibility is diffused.

Divisions Within a State Department - Experienced administrators generally

agree that plural executives (boards, commissions etc.) are unsatisfactory for purposes
of efficient administration. There is no unanimity of opinion, however, as to whether
corrections should be established as an independent, separate state department or
integrated in a larger department of institutions or welfare. Where the correctional
problem is big, both in terms of prison population and number of institutions, a separate
state department seems advisable. Integration within a state department of welfare is
suggested for smaller states by the American Correctional Association in its manual on
suggested standards for correctional administration. Fourteen states have their
correctional program administered as a division within a larger department. These
states are Illinois, Minnesota, New Jersey, Ohio, Pennsylvania, Wisconsin, Kentucky,
Louisiana, Maine, Rode Island, Tennessee, Vermont, Washington and Wyoming. In
Illinois, penal institutions are administered by the Department of Public Safety. The
correctional functions are administered by a division of prisons. A division of correction
acts as the parole board and consists of the superintendent of prisons, superintendent
of crime studies are headed by a criminologist, which supervises the direction of the
study and classification program, and the medical program.

The basic objections of the division within a state department type of

administration, is that there is likelihood that the correctional phase of the program will
be subordinated to other activities of the larger department. Adequate funds are more
difficult to procure. A division within a state department tends to thwart the development
of a coordinated correctional program.

Separate Department of Corrections – Undoubtedly the most refined

administrative organization for corrections is the separate department with a single
executive. There are nine states with separate departments; Alabama, California,
Georgia, Massachusetts, Michigan, Missouri, New York, North Carolina and Virginia.
The central office is organized to provide a division of responsibilities among members
of the staff. In a few states all adult probation and parole functions are administered by
the central department. The California Department of Corrections is normally composed
of the director of corrections, the board of corrections, the Adult Authority, the Board of
Trustees of the California Institution for Women, the Youth Authority. The central office
staff includes three deputy directors, one responsible for coordination of the central
office staff, one responsible for fiscal and property functions, and the other, for crime
studies, research and correction coordination of all levels of government within the
state. Professional leadership in the integrated department allows for the orderly
development of correctional activity. It is by far the most satisfactory administrative
organization developed to date.

The Philippine prison system is patterned after the Federal Bureau of

Prisons of the United States. It is a bureau within the Department of Justice.

THE ADMINISTRATIVE ORGANIZATION OF AN INSTITUTION

 The organizational structure of a prison depends on the objectives of the agency.
Prisons are no longer places for retributive punishment of the offender but for his
rehabilitation. The best organizational structure of a prison, therefore, is one that serves
to carry out the program of rehabilitation.

Single Administrative Officer – A prison or correctional institution should have

only one administrative head called superintendent or warden. Many of the early penal
institutions in the United States were administered independently by a board composed
of three members: Experience of these institutions has proven that decision making by
a Board requires a lot of discussion and other consideration, hence actions are very
much delayed. It has been proven that leadership under a professionally trained prison
administrator is dynamic and efficient. All prisons and penal institutions are now headed
by warden or superintendents. The Superintendent or warden should be given a wide
discretion to run his institution within the framework of the law, rules and regulations.

The successful administration of a prison depends largely on the personality and

leadership of the warden. It is therefore important that he should be a man of unusual
capacity, not only in the general field of administration but also in the more specialized
aspects of correctional administration. A superintendent or warden, before he is
appointed as head of the institution, should have a minimum of five years of experience
in a subordinate position of responsibility in a similar organization.

The five important responsibilities of the head of an institution are as follows:

1. Decision Making - is important in the prison setting. The warden limits his role to
considering policy matters and major problems. He delegates with confidence, to well
trained subordinate executives, sufficient authority for management of daily operations
in line with established policy.

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

3. Public Relation - The warden today provides leadership to involve all personnel in a
program aimed at gaining public understanding, goodwill and community acceptance.

4. Personnel Program - It is the warden’s responsibility to provide leadership and assign

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

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

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

Organizational Subdivisions – The institution should be managed by

organizing like functions under major administrative subdivisions. However, the
grouping should be based on the functions and number and kinds of inmates, and the
nature of the institutional program. The program directs both custody and treatment,
thus better coordination and integration of all functions are possible when within one
division under one manager. Besides, the personnel, both custodial and treatment, are
organized into treatment teams for supervision of inmate groups of a practical size, thus
personnel really know the inmates for control and treatment purpose.

The organizational structure should be based on principles of sound

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

The typical prison or correctional institution has five distinct subdivisions, namely,
business management or administrative, custody, classification and treatment,
production and medical.

The business management or administrative division of the institution is

charged with the function of personnel including the recruitment and training of
personnel. It is also responsible for the procurement of supplies and materials, plant
maintenance and other administrative services of the institution.
 The custodial division takes charge of all matters pertaining to the custody of
prisoners and security of the institution. This unit is headed by an assistant warden or
assistant superintendent. The custodial groups constitute the bigger number of the
personnel in a maximum or medium security prison. There are five or six levels of rank
in the custodial force. Most prisons follow the military pattern of organization. For every
six or eight guards there is one senior prison guards are responsible to the Supervising
Prison Guard (equivalent to the sergeant). Equivalent to the commissioned officer in the
army are the Security Officers I, II and III. The prison guard is the lowest in the levels of
the rank. He is assigned to man the sentinel posts, guard houses and gates. Also, he
escorts prisoners to work in projects, to courts and other places outside the prison when
such leave is duly authorized. The senior prison guards take charge of a squad or group
of guards in a work detail or escort detail. They are also assigned to man important
posts such as control gates, mess halls and living quarters of prisoners. The supervising
prison guards take charge of a big group of guard details or several posts within the
perimeter of the institution. The security officers are assigned as commanding officers of
the three shifts of guards, morning, afternoon and night shift, and the Escort Company
or platoon. The head of the custodial force is a Security Officer III or Captain. He holds
the rank of an associate warden.

The organizational set up of other subdivisions, namely, the administrative,

classification treatment, production and medical does not follow the military pattern, but
there are various supervisory levels typical of civilian organizations. In the management
of the prisons or correctional institutions, the principles of management applicable to
any organization or agency hold true. Some of the fundamental principles are the
following:

1. The organizational framework of the prison should be planned to group together like
functions, services and activities to facilitate personnel treatment.
2. The organizational subdivisions should clearly indicate through the chain of command
appropriate levels of authority and responsibility.
3. There should be a booklet of rules and regulations and operating procedures to guide
the personnel.
4. A program of personnel and development must be maintained to include analysis,
description and classification of positions, recruitment and selection, in-service training
and promotion.
THE PHYSICAL PLANT

The study of the structural designs of prisons since the first prison was
established reveals the physical plants of institutions have changed in accordance with
the changing philosophy of penal work. The early prisons were constructed as strong
and as escape proof as could be suit the purpose of imprisonment which was then
penitence. Modern trends of correctional administration encourage the use of open
institutions in line with the present concept of rehabilitation as the objective of the
correctional system.

The Philosophy, the Program and the Plan

The plan of building should express the purpose of which it is to be put. A

hospital building should be designed to carry out all the purposes and functions of the
hospital program as easily and efficiently as possible. Many prisons have been built with
little regard to changing philosophy and changing program needs.

The traditional concept of prison being a place for punishment and making
prisoners work at hard labor has been replaced by the present concept that the loss of
liberty by confinement in an institution constitutes the penalty. While the penalty is being
served in prison, there should be carried an intensive program of training and treatment
aimed at the ultimate rehabilitation of the inmate confined therein.

The physical plant of big prisons in the past has always handicapped the
rehabilitation work of the administrators. The fundamental characteristics of prison
architecture lag far behind from the progress that correctional ideals and techniques
have developed. The goals of correctional work can far be realized, not until the
physical plant of correctional institutions brought into basic harmony with the
assumptions and requirements of the philosophy of rehabilitation. The design of an
institution can and does affect the operational prison atmosphere.

The Diversified State System and the Single Institution

 Whenever a single institution is planned the entire needs of the state system for
correctional institutions should be re-examined and studied. It is not possible to set up
specific standards with respect to the diversification of institutions by types of inmate
which are applicable to all state correctional systems. Different countries have vastly
different needs because of size, composition of population, economic status of the state
and financial resources and similar factors.

It is however possible for a small correctional system to have a certain degree of

diversification of program and custody within a single institution. There is a general
agreement that female prisoners should be segregated from male prisoners; and that
with few exceptions, boys less than 18 years of age should be segregated from older
adults. It is possible to have a farm barracks outside the walls of an adult institution
which can be operated as a minimum custody facility. A special building of maximum
security for the more dangerous and incorrigible prisoners can be placed in an
institution. The principle here is that as soon as there are enough prisoners of certain
homogeneous type, requiring a specialized program of custody and treatment, this
group should be separated in a specialized institution. This does not mean however,
that there can not be diversification of housing, custody and treatment within a single
institution, and in fact, this may be the least answer in some cases.

Effective diversification of institution within a correctional system is based upon

some system of classifications, as follows:

1. Diversification by Age – It is generally accepted practice that boys and girls under the
age of 18 should be segregated from the older group. Special institutions or
reformatories have been developed for the age group from 17 to 25 or 30. The older
group should probably be classified on the basis of factors other than age, with one
possible exception, that is, that a special institution for the aged, infirm and non-
employable prisoners may constitute a special institution.

2. Diversification by Sex – There is a general agreement on the principle that women

prisoners should be kept in special buildings located on the same site with the men’s
prison, in some cases, on top floor the administration building, and similar unsatisfactory
arrangement.
3. Diversification by Degree of custody – Correctional institutions are mostly diversified
on the basis of degree of custody, among which are the following:

a. Super Security Facility - A small portion of any prison population consists of

incorrigibles, recidivists, escape artists, and chronic troublemakers. This category of
prisoners should be confined in a unit or institution separate from the general
population. The number, usually does not constitute 10% of the whole population, is
small so as not to justify their confinement in a separate prison. Ideally they should be
confined in a super maximum type of prison, like Alcatraz, where escape is quite
impossible. However, the expense of maintaining an Alcatraz type of institution is great,
considering the need for heavy custodial restraints and a small employee-prisoner ratio
to control this type of prisoners. A few years ago, the Federal government abandoned
Alcatraz because the operating cost is prohibitive and the philosophy of the program is
considered inhuman. It is more practical therefore to build a super security unit within a
maximum prison for the incorrigibles and troublemakers.

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

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

d. The Minimum Security Institution - This type of institution is usually without a fence,
and if there is one, its purpose is to keep away the civilian population from entering the
institution rather than preventing escapes. There are no bars or keys to dormitories or
armed guards within the institution. The housing units are composed of dormitories
requiring little or no supervision by correctional workers. The United Nations
Congresses held in Stockholm and in London in 1960 and 1965 passed resolutions
urging more use of open institutions than in maximum or medium security institutions.
e. The Special Security Facility - About two percent of an unselected prison population
will consists of incorrigibles, intractable, and dangerous persons who are so difficult to
manager that they are a source of constant disturbance and difficulty even in the typical
maximum security institution. They are so few in number that even in a big prison
system it is not feasible to put up a special institution for them. The need for heavy
custodial restraints in a maximum custody prison, calls for a large employee-inmate
ratio. The smallness of the institution makes operating costs prohibitive. The normal,
practical solution is to build a special security facility within the confines of the maximum
institution. The facility within the larger institution should be located and constructed in
such a way that any general disturbance within the building will not tend to excite or
inflame the general population

4. Diversification of Institutions by Medical or Mental Conditions - Numerous medical

and mental conditions among an unselected prison population call for specialized
housing and program. Examples of these are the psychotics, the extreme psycho-
neurotics with psychotic episodes, the sex offender or sex deviate, the tuberculosis
prisoners, and others requiring continued long-term treatment for chronic conditions.
The custodial features of an institution for the medically infirm prisoners should be
varied to meet the needs of the different types of prisoners to be accommodated. There
will be at least one maximum-security building, various grades of medium security, and
some minimum. The general tone of the institution will be that of a hospital with medium
security features.

The Plan in Relationship to Types of Inmates and Program

Generally, prison administrators have attempted to fit a program as best they can
into an existing facility, and for tailoring the program to these facilities. They forget that
the first step in making the plan is to make a careful analysis of the types of inmates
planned to be housed in it and to work out in great, detail the program to be provided for
them.

Selection of the Site

 The location of the institution is an important aspect of prison planning. A prison
located in uninhabited area may in a few years be completely surrounded by city
development. This makes expansion and remodeling difficult, so that congestion will
inevitably be the outcome. Also, the institution will become a hazard to the surrounding
area. Care, therefore, should be exercised in the selection of a site, taking into
consideration the area,, agricultural land, topography, foundation conditions,
transportation facilities, climate, water supply, electrical supply and nearness to a
community with adequate resources for supplies and for the advantages of community
living for the personnel.

Size of Institution

The United Nations Standard Minimum Rules for the treatment of offenders
prescribes that penal institution should not exceed 1,200 inmates. Smaller institutions
should however not be too small as to make operating cost too expensive.

There are institutions with population exceeding 5,000. The per capita cost of
operation is less when the institution is big, but the negative effects of overcrowding and
impersonal relationship of personnel and inmates, though not easily discernible, is
great. If it is not possible, to-establish smaller institutions because of lack of funds, a
compromise arrangement can be made so that big institutions may be divided into
smaller units, all units still operating under the superintendent or warden of the ins-
titution. A good example, of this arrangement is the California Institution for men at San
Luis Obispo - this institution consists of two program; units and a minimum-security
satellite unit.

ASSESSMENT NO.2

IDENTIFICATION: Identify what or who is being described by each statement. Write

your answer on the corresponding answer sheet provided at the back of your module.

1. This person believes that punishment is a means of restoring the balance between
pleasure and pain, whereby the loss suffered by the victim is compensated by the
suffering the offender hence, balance between the injured and the transgressor.
2. Exempting circumstances, reduction of punishment for partial freedom of will and
mitigating circumstances are among the contributions of what school thought of
correction.
3. In this theory, the crime must be punished by the state as an act of retributive justice a
vindication of absolute right and moral law violated by the criminal.
4. This theory adhered that punishment has a redemptive purpose of repelling sin
advocated by the devil. This theory was as its fullest development during the death of
Christ in 30 A.D.
5. This theory considered man as a free moral agent; therefore he is responsible for his
acts.

Instruction

Read and comprehend the following questions and explain each with minimum of 50
words. Use the corresponding answer sheet attached at the back of your module.

1. Discuss the historical development of punishment.

2. Provide a comparative analysis among the different Schools of Thought in Correction.
3. Discuss in your own way the historical development of Correction concepts and
standards.
4. Differentiate the Auburn Prison System from Pennsylvania Prison System.
5. Who among the important person in the history of correction you perceive contributed
most in the development of correction concepts and standards that we use today?
Justify your answer.
 CUSTODIAL CHARACTERISTICS OF THE INSTITUTION

There is controversy of opinion as to how secure an institution should be. Some

prison administrators think that prisons should be sufficiently secure as to ensure no
escapes. The more progressive-minded administrators contend that too much custodial
restraint works against the rehabilitative program, so that escapes should be looked
upon as inevitable and something to be minimized. Whatever be the position held by the
prison administrator, public attitude regarding escapes cannot just be ignored. Escapes
cannot be prevented or minimized by strong and escape-proof institutions only but by
careful classification and good personnel management. The criteria therefore in
planning a new institution should be based on the type of prisoners to be housed. The
physical plant should be as strong as is necessary to prevent the number of escapes
which will draw public censure and the kind of escapes which really threaten the public
welfare.

Segregation
 Ideally, a prison system should be diversified by institution. This arrangement
provides proper segregation of groups by institution. Actually, few prison systems come
up to this standard. Since this arrangement requires a big budgetary outlay, a
compromise can be made so that bigger institutions can be broken into smaller units.
The purposes of segregation are to prevent moral or physical contamination of one
group by another, and to prevent unnecessary custodial risks. It is therefore necessary
that the first offenders be kept separately from the recidivists and habitual delinquents;
that sentenced prisoners and the detention inmates occupy separate units; and that
those undergoing disciplinary punishments be segregated. The movements of prisoners
as well as workers within the institution should be carefully planned to avoid confusion,
loss of time and inefficiency in custodial supervision.

THE CLASSIFICATION PROCESS

The rehabilitation program of the prisoner is carried out through the process of
classification. Classification is more than placing prisoners into types or categories. It is
a method by which diagnosis, treatment, planning, and execution of treatment program
are coordinated in the individual case. The objectives of classification are development
of an integrated and realistic programs of the prisoner arrived at, through the
coordination of diagnosis, planning, and treatment activities; and an informed continuity
of these activities from arrival to release of the prisoner.

The first two phases of the classification process, namely, diagnosis and treat-
ment planning, take place in the reception center, which is a special unit separate from
the prison, or in the classification clinic of the prison. The third phase which is the
execution of the treatment program takes place in the operating institution or prison.

Reception Diagnostic Center (RDC)

In line with the latest approach to treatment — the individualized or casework

method — it is necessary that prisoners must undergo a diagnostic examination, study
and observation for the purpose of determining the program of treatment and training
best’ suited to their needs and the institution to which they should be transferred. These
processes take place in the Reception & Diagnostic Center within-the first (60) sixty
days of their commitment to prison.
 The Reception and Diagnostic Center makes possible the careful study of offen-
ders by a professional staff, the segregation of prisoners based on scientific methods:
the treatment of inmates based upon careful study of the individual inmate at the time of
commitment; the improvement of institutional programs based on close study of
inmate's characteristics and needs made at the Center; and the development of re-
search concerning the causes and treatment of delinquency or crime. The Reception
Center is a specialized diagnostic institution designed to service a big correctional
system. It is not a treatment center. In order that the Center can accomplish the
purposes for which it is intended, the following basic elements must exist in the
correctional system:

1. There must be a sufficient member and variety of institutions or treatment facilities

available to permit placement of each individual in accordance with his treatment and
training needs.
2. There must be an integration of plan and program, including the reception center,
treatment facilities in .the prison, and parole placement and supervision.
3. The public must be educated to accept the basic concept of treatment as opposed to
mere punishment.
4. There must be a sound philosophy of treatment and training throughout the entire
correctional system.
5. There must be good physical facilities and personnel.

The RDC Staff and their Functions

1. Psychiatrist — examines the prisoner and prepares an abstract of his findings. The
abstract includes a brief statement of the mental and emotional make-up of the
individual with particular reference to abnormalities of the nervous system and the
presence of psychoses, psychopathic behavior, neurotic tendencies, paranoid trends
 and other special abnormalities. The psychiatrist makes a recommendation with regard
to custody and transfer and calls attention to any special conditions which limit or
indicate special type of work, educational training, recreation or disciplinary treatment.

2. Psychologist — interviews the man and administers tests. The psychological abstract
presents a statement of the psychologist's findings with regard to the mental level,
general and special abilities, interests and skills of the prisoner. The outstanding factors
contributing to the maladjustment of the individual are pointed out. A prognosis for
institutional and parole adjustment based on the inmate's attitudes, characteristics and
peculiarities is included. In this abstract, the psychologist makes his recommendation
with regard to custody, transfer and general education and further study and treatment
of the man.

3. Sociologist — the prisoner is interviewed by the sociologist. Additional information is

obtained through correspondence with the prisoner's friends, relatives, and social
agencies. The objective facts of the personal history of the inmate are recorded in the
social abstract, which also includes an analysis and interpretation of the individual's
social situation and relationships.

4. Education Officer or Counselor — the prisoner is interviewed by the educational

officer in order to determine his educational strengths and weaknesses and to re -
commend suitable educational program for him. He conducts orientation classes in
general education in order to change the inmate's attitudes toward education. He gives
counsel to inmates found wanting in educational needs. He prepares a report of every
inmate on general education as part of the case summary of the inmate.

5. Vocational Counselor — the vocational counselor, by interview, obtains a record of the

man's former employment and tests the man to determine his general and special
abilities, interests and skills. The results comprise the vocational abstract and
recommendations are set forth with regard to the types of vocational training which
should be made available to the inmate during his incarceration.

6. The Chaplain - The inmate is interviewed by the Chaplain and he is encouraged to

participate in religious worship. The Chaplain's abstract states the religious affiliation of
the prisoner and gives his opinion as to the significance of the inmate's religious
attitudes in determining his conduct. The Chaplain makes recommendations with regard
to further religious training.
7. Medical Officer — a complete physical examination is given each inmate at which time
his medical history is obtained. The examination covers the major organs of the body,
such as the lungs and the heart, and includes tests of the blood and sense organs. The
doctor correlates the patient's previous health history with present findings in the
medical history and physical examination, plus recommendation for medical treatment.

8. Custodial-Correctional Officer — the Chief of the correctional unit prepares the

custodial officer's abstract which includes all significant observations made by the
correctional officers of the inmate's behavior and interactions to various situations in the
dormitory, place of recreation, work assignments, etc. The report includes the custodial
officer's recommendations on transfer and type of custody of the prisoner.

Admission Procedures

New prisoners are received either in the reception center or in a prison and later
to transfer to the center. The new prisoner usually comes from a provincial or city jail
where he is immediately committed upon conviction by the court. He is transferred to
the National Prison escorted by guards of the committing jail. On arrival at the
Reception Center or prison, the following procedures are followed:

1. Checking of commitment papers if they are in order - A commitment paper is in order

if it bears the signature of the judge, or if it has the signature of the Clerk of Court and
seal of the court. The next step is to establish the identity of the prisoner in order to be
sure that the person being committed is the same person named in the commitment
order. The identity is established through the picture and the fingerprint of the prisoner
appearing on the commitment order.

2. Searching the Prisoner – after the commitment papers are checked and the identity of
the prisoner established, the new prisoner is "frisked" and his personal things searched.
Weapons and other items of contraband are confiscated and deposited with the
property custodian. Money, watches, rings and other pieces of jewelry are deposited
with the trust fund officer under proper recordings and receipts.
3. Issuance of Clothes and Equipment - from the receiving office, the new prisoner goes
to the supply room where he receives his prison uniform, mosquito net and beddings.

4. Assignment to Quarters - after the prisoner is issued his clothing’s and beddings, he is
sent to the quarantine unit. The quarantine may be a unit of the prison or a sec tion of
the Reception Center.

5. The Quarantine Unit - The new prisoner spends from 7 to 10 days in the quarantine
unit. During this period he is given thorough physical examination including blood test,
x-rays, inoculations and vaccinations. One purpose of the quarantine is to insure that
the prisoner is not suffering from any contagious disease. The results of the
examination are submitted to the Chief of the Center in written form. This report forms
part of the diagnostic record of the prisoner.

Orientation Procedures

The initial contacts of the prisoner with the Center are very meaningful. The first
impressions received by him may affect his entire institutional adjustment.

The orientation of the prisoners takes place within the first few days in the Cen -
ter. It consists of giving them a booklet of rules and regulations and explaining the rules
to them; conducting group meetings of Center inmates to explain the purposes of the
treatment programs; holding sessions with the Chief and individual members of the
Center staff to explain the basic purpose of the Center and what the inmates should do
in order to profit from their experiences.

Testing Programs

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

After undergoing quarantine and orientation, the inmate is ready to go into a

regularly scheduled program which will continue until his last day in the Center. Some of
these activities are as follows:

1. Educational Program — the inmate attends literacy and citizenship classes and group
therapy sessions. The objectives of the educational classes in the Center are to
determine the educational possibilities of the inmate which may be pursued or
encouraged in prison, and to encourage, through group sessions, the individual to talk
out his problems, to lend him to recognize desirable goals and ways of attaining them.

2. Vocational Program — the inmate is given on-the-job training and observation to

determine his vocational interests and abilities and to determine his attitude toward
work.

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

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

The Staff Conference

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

The Admission Summary

The written reports submitted by the staff, of the center regarding their findings
on-the prisoners are compiled, and form the admission summary: The admission
summary-.becomes the, nucleus of the cumulative case history of the prisoner. The
admission summary consists of the following:

1. An account of the legal aspects of the case. In addition to citations from the summaries
of the reports, of law enforcement, judicial, and other officials, this may contain an
explanation by the inmate of how he got into trouble;
2. A summary of the man's earlier criminal history. If he has previously been in a juvenile
or an adult correctional institution, reports from these places contain information
regarding his program therein and related facts about his attitudes and behavior;
3. Social history, or the man's biography as a person, based upon the probation report or
field investigation, staff interviews, tests, examinations, and other staff observations.
This may also be provided or amplified by his family or friends, former employers, and
others who may assist through interviews or answers to questionnaires;
4. Physical condition;
5. Vocational interests, competence and experience;
6. Educational status;
7. Religious background and interest;
8. Recreational interest;
9. Psychological characteristics evaluated by the psychiatrist and the psychologist;
10. Behavior in the Reception Center, reported by the custodial staff;
11. Initial reaction to group psychotherapy or group counseling or other forms of treatment.
 From the above interview and counseling situations, data are obtained from the
inmate's standpoint, that is, the man's own story, as well as from other persons. The
admission summary becomes a practical document when the final page is devoted to a
listing of recommendations in the above areas of diagnostic study for the inmate's
institutional and parole program.

Most correctional systems have found it advisable to prepare a master stencil of

the admission summary from which additional copies may be made through a dup-
licating process. Copies are required not only for the classification committee but also
after the reception period for the central office of the prison system, and still later for the
parole agency. Requests for copies of the case history may also come from other
institutions or appropriate community agencies.

Usually the cover page of the admission summary contains the summary of
recommendations of the Center in the above eleven areas of diagnostic study for the
inmate's institutional and parole program.

The admission summary is prepared in at least three copies, and distributed as

follows: one copy goes with the prisoner whichever prison he is confined; one copy
goes to the Central record system of the Bureau; and one copy remains with the Re-
ception and Diagnostic Center. The admission summary is used by the Classification
committee as guide in carrying out the rehabilitation program of the prisoner in the
operating institution; and by the parole office as guide in parole program planning and
parole supervision.

:.

Transfer Out of the Center

When the admission summary is completed, it is forwarded to the Director of

Prisons for approval of the tentative program prepared for the prisoner, after which the
prisoner is then transferred to the operating institution.

Interpretation to the Prisoner

 Just prior to transfer the inmates should be interviewed, either individually or in
groups. This interview should make clear to the individual some of the reasons why he
is being transferred to a particular institution and what will be expected to him there. The
essential findings of the center, as well as the recommendations made for his program,
should be interpreted to the inmate. He should, however, be made to realize that there
may have to be some changes in his program. For example, occasionally his
assignment to an activity in which he is interested may have to be postponed owing to
lack of facilities in the institution.

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

The Operating Institution

The prisoner is transferred from the Reception and Diagnostic Center to the
operating institution with a tentative plan of treatment already prepared. The treatment
plan is contained in the Admission Summary which is sent to the Classification and
Treatment Division of the prison for implementation. On his arrival in the operating
institution, the prisoner goes to the General Service or Orientation Unit where he is
temporarily quartered pending his permanent residence assignment by the Clas-
sification Board. The stay of the prisoner in the general service unit is a sort of orien -
tation period for him. He is given lectures on the rules and regulations; and he is
assigned to different work projects to afford him various experiences which will guide
him in the choice of a permanent vocational program.

The Classification Committee

Every prison or correctional institution has a classification committee which

carries out the treatment and training plan of the prisoner. The committee is composed
of the following:
 The Warden or Superintendent – Chairman

Deputy Warden for Custody - Asst. Chairman

Deputy Warden for Classification and Treatment –Member

Production Manager – Member

Chief, Medical Services – Member

Chaplain – Member

Psychologists or Psychiatrist - Member

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

The Admission Classification Meeting

The purpose of the admission classification, sometimes called initial classification

meeting is to plan a program for and with the inmate, which will be realistically directed
toward his rehabilitation. The admission classification meeting takes place shortly after
the inmate's transfer to the institution from the Reception Center. A member of the
Committee, usually the caseworker summarizes the diagnostic material, which is the
Admission Summary, prepared by the Reception Center, and presents the important
factors to be considered in program planning. Usually the prisoner; appears before the
Committee so he can be available for interview and consultation regarding major
decisions to be made by the Classification Committee on his assignments. The
Committee decisions cover, all-important phases of the inmates’ life in the institution.
The principal decisions are as follows:

1. Custody classification - this usually determines the type of supervision and the type of
restriction under which an inmate live
2. Housing - inside or outside cell, squad room, or dormitory
3. Transfer - does the prisoner properly belong to this institution or is there another
institution in the system where he would be suitably confined?
4. Medical and Psychiatric treatment
5. Occupational or vocational training assignment.
8. General education program
9. Casework and social services.
10. Religious and recreational recommendations.

The Classification Committee considers and reaches at least tentative

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

Reclassification

The prisoner appears before the Classification Committee periodically after

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

The Cumulative Case Summary

In pursuing the individualized or casework method of carrying out the treatment

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

Classification Procedures Immediately

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

The Pre-Release treatment - Prerelease treatment is defined as the program

specifically planned to prepare the offender, during a limited period prior to his release
on parole. Pre-release treatment deals specifically with the transition from artificial,
regimented group life to normal, independent life of the free individual and with the
problems which this transition entails. The end of the prison term should not only be in
sight but rather close at hand before such treatment begins, otherwise, the psy-
chological stress of prolonged expectation would defeat the purpose of the pre-release
treatment. The very realization that he is soon to be released may restore a greater
measure of hope the prisoner than he has had since he was sentenced, particularly if
he has been deprived of liberty for a long time.

Some of the special pre-release programs now used in various countries include:

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

THE CORRECTIONAL TREATMENT PROGRAMS

Goals of the Treatment Programs

Institutional programs consisted mainly of custody and some work. As the

philosophy concerning causes of crime changed, the corresponding concepts and
objectives of institutional programs also changed. Modern thinking indicates that the
prison today should be geared to protect society, and also, to rehabilitate the offender.
This is long-range rehabilitation because if we succeed we will be sending the offender
back to the community as useful, law-abiding citizens for the rest 6f his life. It is
therefore, the responsibility of the institution, in rehabilitating the offender, to constantly
strive to change and improve the prisoner's attitude. To rehabilitate the prisoner mainly
by changing attitudes is the main goal of the treatment program.

Treatment services- are geared toward improving an offender's attitudes and

philosophy in life. We use education very basically and very widely as a rehabilitation
cornerstone. Various types of education whether they are academic, vocational or
commercial, play very important roles in the formation of attitudes and character. We
use religious services and counseling in prison for the very same reason. Recreation
and leisure time programs are very instrumental also in the treatment process, as they
contribute to good physical and mental health and in many ways are connected with the
teaching process. Work is still a main treatment tool and should be considered as an
integral part of any treatment program. Other services such as medical care, individual
and group counseling as well as visits and correspondence, are parts of treatment and
each, in its own way, contributes to the over-all treatment process.
 The entire process needs individualization whenever and wherever possible.
Individualized treatment, in turn, depends upon a sound workable classification system.
Without treatment, we would only be containing people and protecting society for a
short period of time, but with treatment, the proper type for each persons attitudes are
being changed daily, and men restored to society.

The United Nations "Standard Minimum Rules for the Treatment of Prisoners
provide:

"The treatment of persons sentenced to imprisonment or a similar measure shall have

as its purpose so far as the length of the sentence permits, to establish in them the will
to lead law-abiding and self-supporting lives after their release and to fit them to do so.
The treatment shall be such as will encourage their self-respect and develop their sense
of responsibility.

"To these ends, all appropriate means shall be used, including religious care, in the
countries where this is possible, education, vocational guidance and training, social
casework, employment counseling, physical development and strengthening of moral
character, in accordance with the individual needs of each prisoner, taking account of
his social and criminal history, his physical and mental capacities and aptitudes, hi
personal temperament, the length of his sentence and his prospects after release.

“For every prisoner with a sentence of suitable length, the director shall receive, as soon
as possible after his admission, full reports on all the matters referred to in the foregoing
paragraph. Such reports shall always include report by a medical officer, regarding the
physical and mental condition of the prisoner.

"The reports and other relevant documents shall be placed in an individual file. This file
shall be kept up to date and classified in such a way that it can be consulted by the
responsible personnel whenever the need arises."
 Employment of Prisoners

Prison labor was originally intended to be punitive. It was imposed on the offen-
der as a penalty to be suffered by him in addition to imprisonment. Thus, the early forms
of prison labor were 'not constructive. Such work as carrying stones from one corner of
the yard to the other, and digging a big well and filling it up again, were commonly
employed to punish prisoners. Later, prison labor was intended to reduce the cost of
maintenance of the institution.

The Pennsylvania- system, with its solitary confinement arid handicraft inside
the cells, and the Auburn ' system' with its congregate shops, brought about a real-
ization that prisoners should work for profit. The Auburn system triumphed over the
Pennsylvania system because the former proved that prisoners could be more profitably
employed in congregate shops than in solitary confinement.

In the United States there emerged six systems of prison labor, aside from agri-
culture. Of the six, three were public labor systems and three were private labor
systems. In the public labor system the state retained the control of the maintenance
and discipline of prisoners, the employment of prisoners and the sale of the products. In
the private system, however, private interests controlled at least one of them.

The six systems of prison labor are:

1. Lease System - The state turns the prisoners over to a private lease. The latter feeds
clothes, guards, and houses and disciplines the prisoners. This system prevailed in the
southern states of the United States. These systems no longer exist.
2. Contract System - The state, under this system, retains control of the prisoner and the
contractor merely engages with the state for the labor of the inmates, which is
performed within or near the prison. The contractor supplies the raw material and
supervises the work and pays the institution the stipulated amount for the services of
the prisoners. This system no longer exists too.
3. Price-Piece System - Under this system the contractor supplies the raw materials and
pays the state a determined amount for the work done on each article produced. The
institution retains control of the inmates including the daily quantity of work required.
This system has also been abolished.
4. Public Account System - In the Public Account System, the state buys the raw
material, manufactures and sells the products and assumes all the risks of conducting a
manufacturing business. Today, prison-made products cannot be sold in the open
market.
5. State-Use System - Under this system, the state conducts the manufacture of the
article but the use of the article is limited to state owned institutions. The principle of the
system is that the state produces articles or merchandise for its own consumption alone
and in the process, affords the prisoner opportunities to train for a vocation.
6. Public Works and Ways System — Prison labor is used in the construction and repair
of public buildings, roads, bridges, flood control, reforestation, clearing land, preventing
soil erosion, etc. The system does not involve the application of prison labor to the
production of consumption goods.

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

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

Work not only lessens the boredom of intuitional life; but also is; a means where-
by many inmates maintain or regain, their self-respect.

Penologists and prison administrators believe that the principal value of em-
ployment is in the opportunities it provides for developing and reviving skills and work
habits, which are instrumental in the rehabilitation of inmates and in then-successful
occupational adjustment in free society. Greater emphasis should therefore be given on
the necessity for developing diversified types of work activity, particularly vocational and
on-the-job training. The employment program, in order that it is genuinely constructive,
must be planned and conducted as an integral part of the institution's total treatment
 program. It must be operated in close and continuing liaison with the other integral
phases of the correctional process. Reasonable incentive in time credits and a wage
should be provided in order to encourage the prisoners to derive the benefits from
participation in the employment program.

The employment assignments of prisoners may be classified into five general

groups:

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

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

education.

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

4. Agricultural activities - planned to supply as much of the food requirements of the

prison as possible while furnishing training and employment to inmates adapted to this
type of work.

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

United Nations Standards on Prisoners Employment

 The following are provisions of the Standard Minimum Rules for the Treatment
of Prisoners and Related Recommendation on employment of prisoners:

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

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

"Preferably institutional industries and farms should be operated directly by the

administration and not by private contractors; where prisoners are employed in work not
controlled by the administration, they shall always be under the supervision of the
institution's personnel. Unless the work is for other departments of the government the
full normal wage for work shall be paid to the administration by the persons to whom the
labor is supplied, account being taken of the output of the prisoners.”

"The precautions laid down to protect the safety and health of free workmen shall
be equally observed in institutions; provision shall be made to indemnify prisoners
against industrial injury, including occupational diseases, on terms not less favorable
than those extended by law to free workmen.”

"The maximum daily and weekly working hours of the prisoners shall be fixed by
law or by administrative regulations, taking into account local rules or custom in
regard to the employment of free workmen; the hours so fixed shall leave one rest day a
week and sufficient time for education and other activities required as part of the
treatment and rehabilitation of the prisoners.”
"There shall be a system of equitable remuneration of the work of prisoners; under the
system prisoners shall be allowed to spend at least a part of their earnings on approved
articles for their own use and to send a part of their earnings to their family; the system
should also provide that a part of the earnings should be set aside by the administration
so as to constitute a savings fund to be handed over to the prisoner on his release."

ASSESSMENT NO.3

IDENTIFICATION: Identify what or who is being described by each statement. Write

your answer on the corresponding answer sheet provided at the back of your module.
 1. _____________ Tasks to direct, supervise and control the administration and operation
of all district, city and municipal jails to affect a better system of jail management
nationwide.
2. _____________ When conducting routine custodial functions within the facility, what is
the prescribe personnel-inmate guarding ratio?
3. _____________ What is the corresponding rank of a city jail warden?
4. _____________ Who is the jail officer responsible for direction, coordination and control
of the personnel, the inmates and the programs of the jail?
5. _____________ This jail office is tasked with the gathering and collating of information
and other data of every prisoner into a case study to determine the work assignment,
type of supervision and degree of custody and restriction under which an offender must
live in jail?
6. _____________ When an inmate is in transit, what is the standard personnel-inmate
guarding ratio that shall be observed?
7. _____________ It is known as a warrant issued by a court bearing its seal and
signature of the judge, directing the jail or prison authorities to receive the convicted
offender for services of sentence imposed.
8. _____________ Described as any item found on the inmate or his or her dorm that is
not specifically authorized by the rules.
9. _____________ Authorize to conduct disciplinary hearing of cases involving violation of
jail rules and regulations by the inmates.

10. _____________ Provides a system of sound custody, security and control of inmates
and their movements and also responsible to enforce prison or jail discipline.

Instructions:
Read and comprehend the following questions and explain each with minimum of 50
words. Use the corresponding answer sheet attached at the back of your module.

1. Explain the importance of providing employment to the inmates while serving their
sentence.
2. On your own opinion, what are the some possible future challenges faced by the
correctional system?
3. What is the biggest problem in corrections today? Defend your answer?
 RELIGIOUS SERVICES

The importance of the religious programs in prison cannot be over-estimated.

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

Functions of the Chaplain in a Prison

The chaplain in a correctional institution performs the following functions:

1. Conduct of sacramental ministry — this includes the religious services conducted

regularly and the special services connected with the administration of baptism,
confession, communion, etc. Religious worship is a central and indispensable part of all
 great religions with the primary functions of keeping man in proper relationship’ with
God arid guaranteeing peace’ of soul and happiness. In prisons and jails, it has an
important secondary function because of the beauty and dignity it introduces into the
lives of prisoners, being amid surroundings of drabness and monotony.

2. Conduct religious instructions - This includes preaching in the pulpit, classes in the
fundamentals of religion, in the bible and the fundamental truths of the various
denominations. Choir organization and training and advanced religious training for
special groups are important phases of the chaplain's work with the prisoners.

3. Conduct of a private and personal counseling ministry — this includes interviews in

his own, and visiting the men in the hospital, psychiatric ward, punishment cells, etc. It
is in private counseling that the chaplain tries to inculcate the great lessons, which will
lead to repentance, and the change of heart so necessary for rehabilitation. It is a
known fact that a chaplain of whatever denomination enjoys the confidence of prisoners
in a degree possessed by no official of the institution. The chaplain tries to use this
confidence to promote the best interest of the individual and of the institution.

4. Ministry to inmate’s families and related or concerned persons – many of the

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

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

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

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

Administrative Responsibilities of the Chaplain

Aside from the pastoral functions of the chaplain, he performs certain

administrative jobs. As a member of the diagnostic staff of the institution, the chaplain
conducts initial religious interviews with written evaluation of every prisoner. He is an
indispensable member of the classification committee. It is not desirable that the
chaplain be a member of the disciplinary board.

It has been found helpful in many cases for the chaplain to submit in writing to
the parole board his evaluation of the individual members of his congregation. The
report will bear mainly on the prisoner’s activities in his religious program, but there is
no reason why he should not call attention to other factors such as change of attitude
and improved institutional adjustment generally.

Another important work of the chaplain is the ministration of the sick. He should
make arrangements with the chief of the hospital to be notified immediately if one of his
patients is laced on the critical list. Frequent visits to the hospital will keep him in touch
with men who need his assistance.

The Educational Programs

The educational program of a correctional institution is one of the most important

phases of the treatment and training of prisoners. There is no common plan of
education for all institutions. In a reformatory type of institution, where education is
primarily compulsory, the paramount emphasis is on vocation training. In institutions for
young offenders there is need for academic education at all grade levels.
 A sound correctional education program, irrespective of a type of penal
institution, should attempt to achieve the following goals:

1. To offer an inmate sufficient academic education to enable him to face the need of the
world as a better equipped person;
2. To provide vocational training so that he might take his proper place in society and be
economically free; and
3. To offer cultural and hobby activities that will enable him not only to be better adjusted
to his prison circumstances but to broaden his area of interests and cultivate aptitudes
looking forward to his return to civilian life.

General and Academic Education – In the Philippines about 60 % of men

committed to prison are functionally illiterate, that is, they test below the 5 th grade on
standardized achievement tests. In United States prisons, the rate of illiterates is 10%.
The eradication of illiteracy among prisoners is one of the best contributions that the
correctional system can offer to society. Tangible results are most easily seen in this
area although it is one of the most difficult problems confronting educators. For lack of
appropriation to employ civilian teachers, inmates are usually hired to teach in prison
schools. It is as well desirable as in public schools that fully qualified teachers in primary
grades in prison should be hired. Every illiterate should attend literacy classes until he
becomes literate.

The intermediate level, which includes the fifth and sixth grades, composes about
25% of prison admission. The educational needs for this level will attempt to provide a
better command of the tools for more intelligent prisoners. The intermediate education
program will prepare them high school education.

The academic or high school level composes 10% to 15% all admission. Courses
for high school credit should be offered to be staffed by fully qualified teachers, and the
program of the studies should fully meet standards. Students attending high school
classes should be well selected, so that only those who are willing and able to achieve
academic goals should be allowed to pursue the program.

Vocational Education- a large portion of the prison population needs more

training and experience in the essential of earning a living. A well-designed program of
 vocational education may contribute to the socialization of the prisoner as well as to
development of trade skills and knowledge.

The vocational training program of a prison should have the following objectives:

a. The development of skills necessary for successful work in a socially acceptable

occupation.
b. Opportunities for teaching related trade information including blueprint reading, trade
science, trade mathematics, occupational information, drafting and sketching and safety
education.
c. Exploratory shop work to help certain prisoners discover their aptitudes and interests.
d. Assistance to those with limited capacities to become better equipped to meet the
problems of semi-skilled workers in technological age.
e. Training for long-term inmates so that they may be more useful and happier in institution
assignments.

The vocational education program is usually geared to institutional maintenance

work and the prison industries projects. Institution maintenance aims at the efficient
operation maintenance of the prison and the utilization in every possible way of
maintenance work to provide on the job training to prisoners.

The prison industries projects, in order to contribute fully to the vocational training
of prisoners, should follow a policy of requiring the pre-service and on-the-job training of
employees. For prisoners, exploratory and preliminary training should be done in the
vocational training shop with the systematic flow of trainees, through the classification or
assignment committee, into appropriate prison industries.

The Philippine Prison System offers several vocational courses for prisoners,
among which are radio mechanics, auto-mechanics, horticulture, shoemaking, tailoring,
carpentry, hollow block making, poultry and piggery raising and electronics.
 The Recreational Programs

Recreational programs in prison are an important part of the rehabilitation

program. A good prison administrator should provide wholesome, healthy activities for
men confined in his institution. Many penal institutions are limited in this respect due to
lack of facilities, limited funds, or absence of a well-rounded program for the inmate
population.

The objectives of the recreational program are the following:

1. To provide an environment that will be conducive to the best mental and physical
development of the inmate.
2. To help the prisoners to become aware of their individual conditions and to provide a
method of improvement.
3. The development of proper attitudes and conduct necessary for cooperative
competition.
4. To arouse the interest of the prisoners in the recreational program to the extent that
they will continue this kind of activity after their release. This has proven to be a good
morale booster and an excellent asset to the prisoners on parole.

Usually the recreation period is conducted during “free time” schedule, affording
opportunity for each man to decide for himself whether or not he desires to participate
on a voluntary basis. If the inmate does not volunteer or usually join in the sports activity
he is probably the passive type and will always be a spectator. This is the inmate who
needs encouragement. A properly organized program could be the medium of releasing
the stored up tensions of the timid, withdrawn types of individual.

The recreation program should be designed to meet the needs and interest of all
inmates. There should be provision for active, competitive sports and strenuous
activities for benefit of the physically fit. For those who, for one reason or another, are
physically incapacitated, non-participating forms of recreation should be made available.
Each prisoner should be able to find something of interest in the program. However, he
should not be forced into any activity for then it would cease to be recreation.
 A well- rounded recreation program includes the following activities:

1. Sports athletics - A wide variety of physical activities are suitable for use in the
recreation program. The program in sports and athletics is composed of several groups
such as:

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

b. Team sports - Team sports involve participation by four or more persons on one team.
The individual cannot participate without the acceptance and cooperation of his
teammates and opponents. Included in this group are baseball, basketball, volleyball,
football, etc. Participation in team sports strengthens the individual’s ties to proper and
accepted conduct in-group and social living activities. It develops good character
citizenship and it assimilates social and cultural differences. Also, in team sports there
are many opportunities for people to learn desirable habits and attitudes, to develop
emotional maturity, restraint and tolerance and to strengthen personality traits, which
are important in the individual adjustment to everyday living. Prisoners should be given
ample opportunities and encouragement to play informally by choosing their own
teammates and organizing informal competition in basketball, volleyball, softball, and
similar sports. There should be intramural competitions, and if possible the prison team
should be allowed to play against outside teams.

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

2. Arts and Crafts - Arts and crafts should be an integral part of the recreational program.
The fields of arts and crafts serve as outlet for human expression and serve as a form of
release for the abnormally inherent desire to create. Among the arts and. crafts to be
included in the program are basketry, bead craft, pottery, sculpture, toy making,
weaving, woodcraft and others.
3. Music - Under the direction of a competent music instructor, many opportunities for
musical expression and appreciation can be provided such as the orchestra, jazz band,
combo band, vocal groups, choir and glee clubs. The inmate musical groups can be
made to perform, not only before the prison population but also to visiting groups who
come to prison. They can be made to play during ball games, Christmas and other
holiday activities. Arrangements can also be made with outside artists to entertain the
prison population.

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

5. Special Events – As means of breaking the monotony of prison life various patriotic
and festival days throughout the year should be appropriately recognized. Special
programs could be prepared for any of the following occasions: New Year’s Day,
Independence Day, Quezon Day, Rizal Day, etc.

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

7. Club Activities - Club activities among prisoners should be encouraged in order to

develop their initiative, learn to accept responsibilities, improve their education and keep
abreast with what is going on in the community.

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

The Library Services

The prison library plays an important role in the improvement of prisoners in the
practical and cultural aspects of social living. The good library either in prison or in the
 outside community, means a collection of books and periodicals sufficiently complete
and well-rounded to meet, within reason, the many and varied needs and interests of
the community it serves.

The objectives of the prison library are as follows:

1. To share with other divisions of the prison, responsibilities or useful social and
vocational training of the prison population.
2. To develop among prisoners realization of the usefulness of libraries in:
a. Providing vocational information about choice of trades and chosen trades.
b. Enlarging social and reassessing backgrounds.
c. Developing reading as a satisfying leisure-time activity.
d. Preparing by self-improvement, for release and post-prison life.
3. To provide guidance, counseling and planned reading courses, informal adult education
for all prisoners capable of sustaining reading in any useful field.
4. To lessen need for discipline and to institute measures of mental hygiene by providing
reading as a salutary release from emotional strain; as a healthy resources of idle
hours, and as a positive aid, in substituting acceptable new interests for undesirable
attitude.

The Health and Medical Services

There has been a growing awareness of the state’s responsibilities for the
prisoner's health. Most citizens also appreciate the fact that the prisoner’s’ chances of
success on release are increased if he is not handicapped by poor health or disabilities.
The Manual of Correctional Standards published by the American Correctional
Association prescribes that every correctional institution having a population of 1500
men should have an adequately staffed medical department that takes charge of the
health, medical and dental services. The medical staff should be divided into three
services or departments: (a) Medicine and surgery, (b) Psychiatry, and (c) Dentistry.

The medical and health requirements of a prisoner include mental and physical
examinations; observations, diagnosis and treatment of patients; immunization and
protection of the inmate population as well as the staff against hazards; visiting
prisoners in segregation sections; sanitary inspections, consultations with culinary and
other officials; and participation in training, classification, disciplinary and other
programs.

Sound correctional practices require complete physical and medical examination

of every prisoner on his admission to prison and also on his release.

The United Nations Standard Minimum Rules

For the treatment of prisoners requires that sick prisoners requiring specialist
treatment shall be transferred to a specialized institution or to a civil hospital. Also,
women’s pre-natal care and treatment should be referred to civil hospital.

“At every institution there shall be available the services of at least one qualified medical
officer who should have some knowledge of psychiatry. The medical services should be
organized in close relationship to the general health administration 'of the community or
nation. They shall include a psychiatric service for the diagnosis, and in proper cases,
the treatment of states of mental abnormality.”

“Sick prisoners who require a specialist treatment shall be transferred to specialized

institutions or to civil hospitals, where hospital facilities are provided in an institution,
their equipment, furnishing and pharmaceutical supplies shall be proper for the medical
care and treatment of sick prisoners, and there shall be a staff of suitably trained
officer.”

“The services of a qualified dental officer shall be available to every prisoner.”

“In women's institutions there shall be special accommodation for all necessary pre-
natal care and treatment. Arrangements shall be made wherever practicable for children
to be born in prison. This fact shall not be mentioned in the birth certificate”
“Where nursing infants are allowed to remain in the institution with their mothers,
provision shall be' made for a nursery' staffed by qualified persons, where the infants
shall be placed when they are not in the care of their mothers.”

“The medical officer shall see and examine every prisoner as soon 'as possible after his
admission and, thereafter as necessary, with a view particularly to the discovery of
physical or mental illness and the taking of all necessary measures the segregation of
prisoners suspected of infections contagious conditions; the noting of physical or mental
defects which might hamper rehabilitation; and the determination of the physical
capacity, of every prisoner for work.”

“The medical officer shall have the care of the physical and mental health of the
prisoner and should daily see all sick prisoners, all who complain of illness, and
prisoners to whom his attention it is especially directed. The medical officer shall report
to the director whenever he considers that a prisoner’s physical or mental health has
been or will injuriously be affected by continued imprisonment or by any condition of
imprisonment”

“The medical officer shall regularly inspect and advise the director upon the quality,
quantity, preparation and service of food; the hygiene and cleanliness of the institution
and the prisoners; the sanitation heating, lighting and ventilation of the institution; the
suitability and cleanliness of the prisoner's clothing and bedding; the observance of the
rules concerning physical education and sports, in cases where there is no technical
personnel in charge of these activities”

PRISON CUSTODY, SECURITY, AND DISCIPLINE

Concept of Custody and Security

One of the important phases of prison management is the custody and control of
prisoners. The rehabilitation program in prison cannot be carried out if prisoners are not
 effectively controlled. The primary objective of the prison program is security but it is not
the ultimate goal. The rehabilitation of prisoners, which is the ultimate goal of
imprisonment, can be attained if the necessary structure, personnel and methods, which
provide for security, are present. Security aims at the prevention of escapes, and
control of contraband and maintenance of good order. These objectives can be realized
if custodial facilities including buildings and equipment, walls, towers, gates, personnel
and methods relating to escapes, contraband and good order are given proper
attention.

Escapes of whatever nature alarm the public. Some escapes are of the nature of
"walk away" like the absconding of minimum-security prisoners from their place of work
or residential assignments outside the walls. Surely this type of escape cannot be as
alarming as when the prisoner actually makes a break from his armed guard.

Contraband is anything found in the possession of the prisoner contrary to rules

and regulations. What constitutes contraband in one institution may not be contraband
in another institution. Therefore, in view of the non-uniformity of the definition of
contraband, every institution should provide a rulebook where articles declared as such
are clearly listed.

Custody, Security and Control

The rehabilitation program of the institution cannot be carried out if prisoners riot
or cause disturbances. A well-rounded correctional program, having for its aim the
rehabilitation of the prisoners must be correlated with arid into a system of sound
custody, security and control of prisoners. Some of the factors considered essential in
establishing sound custody, security and control of prisoners are the following:

1. An adequate system of classification of prisoners – Careful study, diagnosis and

recommendations for treatment documented into case histories give prison workers the
knowledge they need to handle inmates.

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

constant observation of physical plant; help assure its best use.
3. An Adequate System of Counting Inmates – There must be an adequate system of
counting inmates to make certain “all are present and accounted for” at prescribed
periods, day and night.

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

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

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

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

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

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

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

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

13. Special Emergencies - Plans should be developed and be available to place into effect
for operation during special emergencies: (a) riots (b) escape (c) fire fighting (d)
emergency lighting and stand-by power, and (e) civil defense.
 The best guaranty against riots, disturbances and escapes, however, is in well-
organized program of activities inside prison designed to attain the reformation of
prisoners. Penologists considered, "Idleness is the workshop of the devil." A well-
balanced program of work, recreation and education will keep the prisoners busy and
away from mischief: On the other hand, if prisoners are idle or are treated inhumanely
they will surely escape or create disturbances.

Inspection of Security Facilities - All security facilities such as doors, bars, win-
dows and locks should be examined at least once a week to insure that they are in good
condition. Custodial officers as well as other employees of the institution should be
trained to observe signs of deterioration in the security system: arid to report imme-
diately any weakness in the system.

Counting Inmates - Prisoners should be counted four times a day or oftener.

During change of shifts, guards on duty must be certain that all prisoners are present
and accounted for. In counting prisoners at night, the guard should "see flesh and hear
voice" before recording them as present. The control room or master control must
indicate movements of prisoners, such as changes of residence or work assignments,
transfers to hospital and courts.

Firearm Control - There must be a written set of rules for the control of firearms,
which every correctional or custodial personnel should know by heart. Carelessness on
the part of the employees or defects in the system of firearm control may result to
violent deaths of employees or prisoners. Employees should be taught hew to handle all
weapons they may be called upon to use. Members of the custodial force should be
required to qualify in marksmanship before entrance to duty and every year thereafter.
The armory should be located outside the prisoners’ housing and activity area, and
guns should not be carried within close proximity of prisoners. The use of gas for
quelling riots is becoming popular, not only because it is effective but also because it is,
humane. The custodial force, therefore should know how and when to use tear gas
bombs or grenades.

Control of Keys - The keys to cells and dormitories should never be entrusted to
prisoners. The correctional officer on duty should never enter the housing unit of
prisoners with the keys hanging on his belt. There must be proper accounting of all keys
at all times.
 Control of Tools - Tools when not in use should be hanged on a shadow board.
They should only be used by inmates within enclosures or when under supervisions.

Locking Devices - Proper locking devices must be kept in good operating'

conditions. Individual door locks to cells must be provided and the multiple locking
devices to doors of individual cells should only be used in cases of emergency such as
fire or earthquake. Inside the housing unit, there should be a grill, cage or sally port the -
purpose of which is to provide a place for officers to go into without exposing
themselves to assault in case of riots.

Special Emergencies - The prison should provide a standard operating

procedure for control of riots and for preventing fires and escapes. There should be a
master riot plan and this plan should often be placed on the dry run. This should also be
true with' prevention of fires and escapes. Every penal institution should be provided
with emergency lighting stand-by power.

Prison Discipline

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

riots and disorders, and punishing those involved. This is not all that discipline attempts
to accomplish in a prison. The main objective of prison discipline is to inculcate habits,
attitudes and values that will make the prisoner a peaceful and useful member of
society upon his release. Webster's dictionary defines discipline, thus: Discipline: from
the Latin, disce, to learn: discipulus, a disciple or learner. Training, education,
and instruction: the guidance and government of conduct or practice punishment
inflicted for the purpose of correction and training.

Discipline has also been defined as a continuing state of good order and
behavior. It includes the maintenance of good standards of work, sanitation, safety,
education, personal health and recreation. It insures that persons and groups go on
time to their appointed place and that they maintain standards of conduct which are
necessary when large number of people live and work together or in any community,
institution or otherwise. The ultimate hope of institutional discipline is to develop self-
 reliance, self-control, self-respect, self-discipline not merely the ability and the desire to
conform to accepted standards for individual and community life in a free society.

Elements of Prison Discipline

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

2. Custody and Control

Custody is defined as guarding or penal safe-keeping. The custodial force must be

trained in custodial and security measures, locking and counting routines, procedures
for searching prisoners and their living quarters, and prevention of contraband. The
prison guard whose duties were limited to guarding inmates and maintaining discipline
is now regarded as key personnel of the institution. The fact that he is most often in
contact with the prisoner at work, in quarters, and at school, places him in a position
where he has the greatest influence upon the prison.
 Control involves supervision of prisoners to insure punctual and orderly movement
to and from the dormitories, places of work, church, hospitals, and recreational facilities,
in accordance with the daily schedules. Control does not mean that all prisoners be
under close superv1don at all times. The use of passes and the establishment of gates
and checkpoints within the prison walls can likewise affect control.

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

4. Individualized Discipline - It is not enough that discipline be consistent, reasonable,

objective, firm and prompt. Since crime is multi-causative, the techniques and services
required in correctional treatment including the administration of discipline, must be
correspondingly varied and, in terms of understanding the inmate as a person.

5. Discipline must be considered on an individual basis - the prisoner must be care-

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

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

7. Good Communication: Another important element of discipline is good commu-

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

Orientation-Admission: Good communication can be accomplished by

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

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

Inmate Councils: One good means of maintaining communication in prison is

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

Procedures in Disciplinary Cases

Disciplinary and punitive actions are the responsibility of the deputy

superintendent for custody. In small institutions, one disciplinary officer hears
disciplinary cases, while in bigger institutions they are heard by a board of discipline. A
disciplinary board or committee is usually composed of the assistant superintendent for
custody as chairman, the physician and the psychologist as members.

Disciplinary cases are initiated by the report of the observing officer or employee.
The report may either be a behavior report or a misconduct report. The former type of
report is intended to call attention to inmate’s acts and attitudes which might otherwise
be called misconduct - such behaviors as suspiciousness, Withdrawal symptoms, lack
of self-control, etc. Behavior reports also include exceptionally good work habits, and
attitudes. The negative as well as the positive behaviors of the inmate are useful in the
appraisal of what kind of person the prisoner is. The misconduct report carries every
violation of law or rules. Every case included in the misconduct report should be
investigated, and heard by the disciplinary officer or committee. If the case is so serious
as to warrant it, or if there is danger that the offender will unduly influence witnesses, he
may be placed in confinement pending investigation but his confinement should .not be
in. a. punishment status. In the hearing, the inmate shou1d be given all opportunities to
explain his case and to call witnesses to testify on his behalf. A written record is made
of every infraction reported and how it is disposed of. Records of said infractions are
entered in the prisoners’ disciplinary record card.

The following are some of the punishments usually imposed on prisoners con-
victed by the summary or disciplinary board:

1. Counsel and reprimand - This is a mild form, of punishment imposed for trivial
offenses. To a prisoner who is aware that a clean record is: an asset to his speedy
 release mere counselor reprimand is enough deterrence against a repetition of
infractions.
2. Loss of Privileges - This is one effective control of misbehavior. Privileges are very
precious to prisoners. Prisoners look forward to visiting days, movie evenings; amateur
hour program, and writing to relatives and certainly they would not want to forfeit any of
these privileges through misbehaviors.
3. Loss of Good Conduct Time Allowance - The penal code provides that for
maintaining good record in prison, the inmate is credited with 5 days or 8 days, up to 15
days good conduct time allowance for every month that he serves. This allowance may
be forfeited as punishment for misconduct. However, good conduct time allowance
already earned can no longer be forfeited.
4. Close Confinement - This is resorted to in extreme cases when lighter penalties are
ineffectual. The use of solitary confinement or "bartolina" is justified when there is
danger that the offender may hurt himself or others. It should not be considered as
punishment when used "as an administrative measure" of preventing him from in-
fluencing witnesses or of injury to himself or others.
5. Reduced Diet - Usually this punishment is carried out with punitive segregation. The
United Nations rules prohibit the use of this kind of punishment unless supervised by
the prison physician. Cruel and degrading forms of punishment are also prohibited by
United Nations rules, including corporal punishment. Except when there is danger of the
inmate injuring himself or others, the use of handcuff and leg irons is prohibited by the
United Nations rules and regulations.
 ASSESSMENT NO.4

IDENTIFICATION: Identify what or who is being described by each statement. Write

your answer on the corresponding answer sheet provided at the back of your module.

1. __________How many hours will the jail management should provide security
supervision and control over inmates?
2. __________How frequent the conduct of inmates count in each day?
3. __________This surprise operation is conducted by the jail officers for the purpose of
detecting contraband in the possession or in the control of inmates.
4. __________This is the process of scrutinizing in-coming and out-going letters for or
from inmates to prevent statement contained or attached thereat that might prejudice
the jail security and discipline.
5. __________During meal time, the utensils to be used should be made of what material?
6. __________To whom to report any item or correspondence or enclosure of mail that
does not conform to the regulations or are detrimental to security, order and discipline of
the jail?
7. __________If the warden is held hostage, for all intents and purposes, he ceases to
exercise authority, who should be in command to lieu of him?
8. __________Who should give approval for those inmates who wish to view the remains
of a deceased relative?
9. __________Who should shoulder the expenses in case the request of viewing the
remains of inmate’s relative had been approve.
10. __________How many hours the letter for the inmates should deliver to him if he fails to
claim his letter, after it has been posted.

Instruction.

Read and comprehend the following questions and explain each with minimum of 50
words. Use the corresponding answer sheet attached at the back of your module.

1. What are the challenges faced by correctional administrators today, in terms of

imposing discipline and security?
2. What would you suggest to the prison management to enforce the prison rules and
regulations while enhancing humane practices on the rehabilitation of the offenders?
3. If you are a custodial officer, how would you handle the aggression and confrontation
you are likely to face at this kind of job?
4. What should be included within the disciplinary action guidelines?
 COUNSELING, CASEWORK AND CLINICAL SERVICES

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

Counseling is defined as a relationship in which one endeavors to help another

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

Group Counseling Personnel - Institutions can make productive use of a

program of counseling which employs educational, custodial, and industrial,
maintenance, and other operational personnel as group leaders and give individual
attention to inmates. There is considerable untapped potential in the large numbers of
institutional personnel who can have major impact on relieving inmate tensions and
contributing to ultimate social readjustment of offenders. The most effective informal
counseling program consists of the intelligent and harmonious use of personal
relationships between staff and inmates m the operation of day-to-day assignments in
the institution. The natural small living group, such as camps, dormitories and other
small housing units~ provide an excellent setting for the development of a counseling
relationship between custodial staff and inmates, as do small work groups or crews.
 Vocational Counseling - A critical need in institutional programming is pro-
fessional vocational counseling. Involved here is a technical specialty within the general
counseling field, which requires broad knowledge of occupations, vocational potentials,
aptitudes and interests, and conditions of employability in the community. Increasingly,
institutions are turning their attention to vocational training and productive enterprise.
This is sound, both from the standpoint of institutional activities and job stability after the
inmate is released.

To accomplish the most effective assignment, and training of inmates, each cor-
rectional system should employ skilled vocational counselors to contribute to the initial
study and recommendations. The assessment of vocational potential can then be used
by both inmates and staff to determine initial assignment and periodic progress review.
Based upon an allotment of three hours per case in the reception unit for review,
analysis and report, there should be one vocational counselor provided for every 40
cases per month. This would allow' approximately one-fourth of his time for
administrative duties and staff development projects.

Vocational counselors are also needed to make periodic progress reviews, to

guide occupational and training reassignments, and to give consultations to adminis-
trative staff, trade foremen vocational and academic teachers. The use of Dictionary of
Occupational Titles can greatly simplify and considerably enhance the assignment
practices within the institution as well as the release planning for employment. Based
upon a minimum of 15 inmates per case per month, an appropriate ratio of vocational
counselors is one to every 300 inmates. This ratio allows for approximately one half
times to be devoted to administrative routine, staff consultation, classification committee
work, and other allied duties. In terms of both short-range productivity and long-range
benefits, skilled vocational counseling is an economical use of personnel.

Casework in correctional work includes the professional services rendered by

professionally trained personnel in the description and social treatment of offenders.
Casework consists of working with one individual at a time, with the aims of:

1. obtaining clear case description or social history,

2. solving immediate problems involving family or other personal relationships,
3. exploring carefully long-range problems of social adjustment and assisting the individual
toward acceptable solutions,
4. Offering supportive guidance and information to inmates who are nearing release from
the institution,
5. Offering supportive guidance and professional assistance to offenders on probation or
parole.

Casework Services

While the entire correctional process should be seen as-an integrated activity, for
logical outline, the areas for use of counselors can be divided into six sections which
have certain operational significance:

1. pre-sentence investigation (probation)

2. reception process
3. general institutional program
4. specialized use in severe disciplinary cases and segregation
5. pre-release activity
6. post-institutional care (parole)
Whatever his specific assignment, the counselor should be a person specially
trained either by graduate academic preparation or through specialized and intensive
correctional casework training programs, in the understanding of basic human needs,
problem behavior, social conditions relevant to criminality, and community and social
agency resources.

It is essential that the counselor have a broad understanding of anti-social

behavior and a general knowledge and understanding of research procedures. The
counselor should be motivated by a personal desire to assist individuals who exhibit
varying, and sometimes serious, degrees of such behavior.

As part of the casework program, relationship with colleges and universities

should be established to provide for field instruction for students and advanced course
work by full-time employees.
1. Reception Process - Case study, evaluation and description is an essential function of
the caseworker. Skills in analysis, thorough reporting, and clear writing are essential in
the production of a case history used throughout the correctional process as a basis for
program planning and treatment. Participation in.-the orientation of the newly received
inmate: to the correctional system is also a function of the, reception unit caseworker
who may, accomplish this purpose most successfully in groups. During reception
process one function of the caseworker is to deal with special problems, which arise
during the intake period. Often this is a time of considerable personal and family stress
requiring the resolution of economic and personal problems. Specialized casework skills
in handling new stress problems and knowledge of appropriate referral sources are
required

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

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

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

4. Pre-release Activities - Pre-release planning for individual inmates and group

programming in advance of release is frequently one of the more neglected activities in
correctional administrations. Normally the counselor will be assigned the responsibility
for planning and execution of specific pre-release programs for orientation and,
information to inmates preparing to leave the institution. These programs will stress
employment, living relationships, adjustment factors in the outside community,
recreational interests, etc.

Pre-release programming for individual inmate requires review of the admission study
and institutional progress and proper interpretation to the field counselor and the inmate
as to expected problem areas and proposals for most effective release arrangements.

Clinical Services

Clinical services provide the most intensive diagnostic and treatment activities
aimed at

1. discovering the causes of individual maladjustments,

2. applying psychiatric techniques with offenders towards effecting improved behavior
3. offering guidance and support to other staff members in their management of offenders

The staff members ordinarily employed in clinical services work are psychiatrists,
clinical psychologists, trained caseworkers, psychiatric nurses, occupational therapists,
and other specifically trained technicians. The clinical services personnel are particularly
concerned with offenders with deep-seated emotional problems.

Clinical services generally include the, functions of psychiatrists, psychologists,

psychiatric social workers, and ancillary personnel such- as -psychiatric nurses,
occupational therapists, and correctional officers with specialized training Clinical
services personnel should have appropriate education and certification for their
 specialties. Where possible, residency-training programs should be established in
correctional, institutional and field activities.

In this discussion, the emphasis will be placed on describing the important uses
to which clinical services personnel can be assigned in the correctional process.

1. Reception Process - Intelligence and personality tests administered by qualified

clinical psychologists. They are required as a basic part of the diagnostic process and
program planning. Intelligence and vocational aptitude test should be selected carefully
with the psychologist's guidance, and should be administered routinely. Serious thought
should be given to periodic supplementary testing and re-evaluation. The emotional
state of the inmate upon intake can lead to misinterpretations and faulty program
planning. Personality tests on a group basis and projecting techniques should be
administered selectively. The role of the clinical psychologists also includes the
continuing assessment of the testing battery and introduction and modification of tests
where needed.

Each inmate passing through the reception process should receive at least a screening
interview by a clinical psychologist. On a selective basis more intensive interviews will
be necessary for a proportion of the inmates. The interview will be used as a
supplement to the interpretation of the personality and projective tests as well as
intelligence scores and to assist in the preparation of the full admission summary.

On referral, psychiatrists should make assessments of psychopathology, organic

disturbances, and other factors related to diagnosis and treatment planning. The wide
range of offender types is such that it is not necessary to have a mental status report on
every inmate. Mental status reports will be necessary, however, for a substantial
number of inmates to determine appropriate placement and treatment plan.

2. Institutional Programs - Clinical services personnel have a significant role in

individualized and group treatment of psychotic inmates, severe neurotics, and other
individuals demonstrating bizarre behavior in the institution or in their institution or in
their history before entry. As a minimum requirement there should be provision for full
clinical service to the population designated as psychotic and other inmates showing
 major personality disturbances, which may be amenable to treatment or psychiatric
management.

As consultants, clinical personnel, including psychiatrists, psychologists, and psychiatric

social workers can play a key role in the general treatment programs of the institution.
This function would include providing consultant services for line personnel working as
counselors, for discipline and classification committee decisions and for general
programming. The in-service training program for all personnel should include sessions
on personality theory to be conducted by clinical services personnel.

As specialized assignment, individual and group treatment by clinical services

personnel maybe provided in segregation units and to the general population for the
very difficult cases evidencing major disturbances in the institutional community. The
segregation unit thus should be seen primarily as an adjustment center with- a close
integration of custodial, counseling, casework and clinical services activity.

Occupational therapy programs employing professionally trained occupational

therapists should be part of the institutional program for inmates with emotional, mental
or physical handicaps requiring special attention. Workload standards should be
established through consultation with the appropriate professional associations. Where
occupational therapists have been used in both mental hospitals and prisons, there
have been dramatic examples of improvement of severely diagnosed individuals. In
addition, the occupational therapist programs are very useful in diagnosis and
evaluation of long-term needs for inmate programming.

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

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

As part of parole treatment and management, outpatient parole diagnostic and

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

SEX PROBLEMS IN PRISON

Sex is one of the most challenging problems that confront the administrators of
our prisons today. The problem is normally related to diseases of mental abnormality
and emotional instability that emerge in definite criminal conclusions. Despite evident
progress in many avenues of correction, there are certain areas of behavior with which
the pris6n system has not been able to cope. One of them is the problem of sexual
adjustment in all institutions where inmates are deprived of social or sexual contact.

With the exception of few prisons where conjugal visits are allowed, inmates
generally manifest deviant sexual behavior, namely: nocturnal sex dreams (emissions),
masturbation and sodomy. Male prisoner are randomly distributed according to social
status and general life style from the pauper to the opulent, although the prisoners who
make up the bulk of population are drawn from the deprived sections of society. As a
consequence, sexual experience of these men and the meaning that sex has for them
differs significantly from other sectors living in free community.

A number of dimension of these substantial differences are to be found in the

sexual activity and attitudes of men who have differing amounts of education and social
origin. Imprisoned men and men of delinquent histories generally have wider sexual
experience than men living in conventional and non-delinquent lives.

Reasons for the Deviation

Drawing on the knowledge about the dimensions of prior sexual adjustment of

men who go to prison, the first major sense of experience is actually how little sexual
activity of any sort secure within the prison, thus, even after the shock of imprisonment
has worn off, which often for recidivist this occurs quickly, there is no sudden burst of
sexual activity of any type. Confirming these impressions are the low order of sexual
complaint as found in the list of grievances presented by the prisoners. Partly, this is
due to the tight custody in the institution and the fact that the prisoners move and live in
close proximity and except for certain moments of the day, there is very little privacy.
Another cause is man in prison finds himself without appropriate stimuli, which suggest
opportunities for sexual activity. The absence of females and 'the absence of social
situation that call for sexual responses, such as being out of town, ogling and drinking,
serve as effective inhibitors of -sexual responsiveness.

Homosexuality

Homosexuality is the most common form of sexual perversion in prison. Dr.

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

How Homosexuality begins

When members of one sex are gathered together in isolation from the opposite
sex many will discover homosexual practices. The tragedy in this situation is not the act
itself, but in the fact that many persons otherwise sexually normal learn the habits of
homosexual practices and experience, and carrying these practices with them, remain
homosexual by preference when they are discharged from prison or other situation that
encourage homosexuality. Homosexual persons may be divided into two categories, (1)
one composed of persons who have learned "accidentally" to indulge in perverted acts,
(2) the other composed of persons who had their inclinations ingrained as one of their
fundamental personality traits.

Characteristics of Prison Homosexuals

An obvious example of a difference between the inmate or congenital

homosexual and the “average” or "normal" person is found in reversed secondary sex
characteristics as having broad hips, a female hairline large breast, effeminate voice
and features, for male; the female invert homosexual will have a masculine hairline and
a deep voice. This, of course, is not true of the accidental homosexual. There are
indications that homosexuality is such more prevalent that many assume. There is
ample evidence that homosexual relationships are of transitory nature, occurring
perhaps only once or twice over of a unique, social situation like a man in prison where
homosexuality is prevalent.

There are varying estimates of the number of males who have homosexual
contact during their periods of confinement, but the range is probably between 30 and
45 percent, depending upon the intensity of custody in the institutions, the social origins
of the population, and the duration of individual sentence. Homosexuality in prison is
quite a different phenomenon than homosexual experience in the outside community. In
the prison context, homosexuality is an imitation of normal sex life with the very sexual
activity suggesting masculine and feminine role components, thus a passive male
prisoner submits to this sexual activity of another active male prisoner by coercion
because either of fear or indebtedness. There are other male prisoners who have
developed preferences for male companions from their own experience and who enter
prison as homosexual.

The aggressor provides protection, a measure of affection and perhaps gifts in

case of older inmates. The passive inmate provides sexual access, affection, and other
pseudo-feminine services. In cases of long-term inmates, these relationships may be
conceived as pseudo marriage resulting to a greater degree of sexual reciprocity. To
some extent, this relationship creates problems of sexual jealousy, which erupts into
violence.

Woman and Homosexuality

Homosexual behavior is not restricted to male institution only but is found in

women's reformatories and in girls’ correctional institutions as well. Many of the females
sent to these places have not developed inhibitions and thus find the situation almost
unbearable. They easily turn to various forms of erotic behavior, and as in the male
institutions debauch the more sensitive and feminine of their fellow prisoners. It is
practically difficult for administrators of prisons to control this problem in the institution
largely because the inmates have more freedom than male prisoners. Women's
reformatories are usually of the cottage type with large campuses where friendships
between girls and women have very little restraint. The sexual adjustment of women to
imprisonment is then strongly linked to the general goals to which most are socialized in
the larger society. The frequencies of any sexually ameliorative behaviors such as
masturbation and homosexuality are considerably less frequent for women than men in
prison.

Female prisoners appear to form into pseudo families with articulated roles of
husband and wife. These family systems seem to arise from these sources. One source
is a process of compensation: the majority of female prisoners are from several
disordered homes and the creation of the pseudo family often compensate for this
deficiency. Another source results from the socialization of women, who instead of
 forming a gang for self-defense as male prisoners do, tend to form pseudo family.
Finally, pseudo family operates to stabilize relationships in the institutions and to
establish orders of dominance and s submission among female prisoners. It is the result
of these relationships that homosexuality is being practiced by female prisoners.

Control of Prison Homosexuals

No satisfactory solutions have been found to sex problems in prison except to

reduce the opportunities for such practices. For, instance, having only one prisoner in
each cell, providing physical exercise during the day to encourage sleep at bedtime and
by adequately supervising all congregations of prisoners where they are in the situation
which affords an opportunity for homosexual practices. Several attempts have likewise
been made to segregate, the most obvious sex, offenders especially homosexual to be
removed from the congregation but still there is a tendency to co-opt other prisoners to
take their place.

Probably the only long-term solution is to adopt the policy of home visits at
intervals during incarceration and to provide alternative modes of self-expression for
these social and Psychological needs because of the current structure of male prison,
result in homosexuality. The answers to homosexuality are:

1. encourage those who actually desire to change to take psychiatric treatment

2. permit them unmolested to seek out their kind as they wish in free community
3. conjugal visit for married prisoners

Masturbation

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

Sodomy

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

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

Conjugal Visit

The program of involving the practice of permitting inmates, some opportunities

of normal sex life has been tried with success in several countries throughout the world
especially in Latin American countries, like Salvador, Mexico, Columbia, Argentina and
Brazil. In some countries notably Sweden home furlough, which is the inmate's rights
and not a privilege, meets the need for normal sex practice. A policy of permitting the
families of prisoners to move to a prison compound has long been in operation in
several countries. It was the practice at least during 1930's in U.S.S.R., especially in
Bolshevo prison near Moscow.

In Columbia, the inmate leaves the prison under guard, wearing civilian clothes,
wife in a certified rooming house or in his own house if he lives in the city where the
prison, specifically set aside for the purpose of the visit. Prostitutes are banned. In
Mexico City, a special hotel-like building was erected for overnight visit of men's wives.
This is likewise true in progressive Mexican "Islas Marias" prison colony in the Pacific
Ocean. Perhaps the most dignified type of conjugal visiting was established in Argentina
in 1947. In the National Penitentiary in Buenos Aires, each inmate who maintains good
behavior is entitled to periodic visits from his wife in a specially built structure intended
for the purpose.
 In the United States of America such practice of conjugal visit has not been
officially sanctioned by state authorities, although clandestine conjugal visits have
existed for many years in Mississippi State Penitentiary located at Parchman in Yazoo-
Mississippi Delta, popularly known as Parchman Institution. Here, it emphasizes not
only the bringing of visitors into prison during Sunday's but it allows the inmates to keep
contact with their families by leaving the prison themselves. Under the visiting leave
program at Parchman called "Holiday Suspension Program" each year from December
1 until March 1, selected inmates who have been in the penitentiary at least 3 years with
good behavior records may go home for a period of 10 days.

There are numerous problems that arise in connection with the privilege of
allowing conjugal visits in prison. Among them are

1. the possibility of common-law wives to visit their common-law husbands which create
resentment and jealousy on the part of legitimate wives
2. prostitutes to call on some inmates which would result to the spread of venereal
diseases
3. that it is unfair to unmarried inmates

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

Conjugal Visit in the Philippines

In the Philippines, the practice of conjugal visiting was not allowed in the earlier
part of its prison system. However, the policy of the government specially the Bureau of
Prisons is to-allow the families of some prisoners who attain the status of colonists or
trustees to live with them at government expense in penal colonies such as in Davao
Prison and Penal Farm Iwahig Prison and Penal Farm, and Sablayan Prison and Penal
Farm The colonists and their families are given a piece of land to cultivate and are
encouraged to raise poultry and livestock for their own personal use. The colony post-
exchange sells their product. When released, the prisoners, if they so desire to live in
the colony, are reclassified as homesteaders and are given 6 hectares homestead lot in
the Tagumpay and Tanglaw Settlements. Only Iwahig and Davao Prisons and Penal
Farms, so far, are operating land settlements where homestead lots are distributed to
released prisoners. There are community resources such as, school, church, recreation
center, post-exchange, hospital and clinics for the colonists and their families.

THE PHILIPPINE PRISON SYSTEM

Prior to the coming of the Spaniards and immediately soon after their arrival, the
penal system of this country was jurisdictionally local and tribal. It consisted mostly of
native mores and customs administered by regional chieftains. The more notable ones
were those of Datu Sumakwel's - Maragtas Code, Code Kalantiao, Sikatuna and others.
The most extensive, the Kalantiao Code was comparable with Greek and Roman laws
of the time as well as with their contemporary Spanish and English criminal laws.

Upon the occupation of the Philippines by the Spaniards dating as far back as
1521, and at various later dates when formal occupation of the different villages were
affected by the Spanish “conquistadores” the laws which were introduced in the
Philippines were the royal decrees, ordinances, rules and regulations for the
government of the colonies promulgated by the King of Spain from time to time and later
on incorporated into "Recopelacion de las Leyes de India." These were enforced until
1887, when the Penal Code of 1870 of Spain with some minor changes, which were
recommended by the Code Committee for the Oversea Provinces (Pronvicas de
Ultramar) in order to suit local conditions, were put into effect.

By virtue of a Royal Decree of September 4, 1884, the Code thus prepared by

the Code Committee was ordered enforced in the Philippines. Some of the objections to
the enforcement of the Code were raised by the "Gobierno General" to the Minister of
Ultramar, but notwithstanding such objections, in a subsequent Royal Decree dated
December 17, 1886, the Code was ordered promulgated. The Penal Code together with
the "Ley Engiciamiento Criminal" were then enforced, both laws taking effect four
months thereafter, in accordance with the provisions of the Decree "Legislacion
Ultramarina" of March 13, 1887.

The Bilibid Prison

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

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

The New Bilibid Prison

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

In 1936, the City of Manila exchanged its Muntinlupa property of 552 hectares
with that of the Bureau of Prison lot in Manila. This Muntinlupa estate was originally
intended as the site of the Boys Training School but because it is far from Manila the
City Government of Manila preferred the site of the old Bilibid. The Bureau started
construction of the prison in 1936. Despite, the fact that the buildings were not yet
ready, all the inmates of the Bilibid Prison in Manila were transferred to the new site on
the recommendation of the Cabinet shortly before the outbreak of World War II. The
new site occupies 552 hectares. During the war, Filipinos who were suspected as
guerrilas were sent to the New Bilibid Prison for confinement by the Japanese
Occupation Army. When Manila was liberated, Americans who were former prisoners of
war were camped in the New Bilibid Prison reservation for physical recuperation.

The Bilibid Prison is mainly - a maximum custody institution. Being the main
prison, it receives commitments from Courts of First Instance, and Criminal Circuit
Courts all over the Philippines, except those sentenced by the Courts of First Instance
and Criminal Circuit Courts of Zamboanga and Sulu who may be committed directly to
the San Ramon Prison and Penal Farm. The New Bilibid Prison has a capacity of 3,000
Prisoners. The New Bilibid Prison operates two satellites units, namely, Bukang
Liwayway Camp and Sampaguita Camp. These two camps are located about a few
hundred meters back to the New Bilibid Prison compound. The Bukang Liwayway Camp
houses 1,500 minimum-security prisoners who work in the various projects of the
institution. In Camp Sampaguita, the Reception and Diagnostic Center, the Medium
Security Unit and the Youth Rehabilitation Center is located.

The Medium Security Unit can handle a population of 700 prisoners who are
employed in the agricultural projects under guard escorts. The Youth Rehabilitation
Center is capable of accommodating a population of 500 inmates. This unit offers a
special treatment and training program for youthful tractable offenders. The New Bilibid
Prison specializes in the industrial type of vocational training. It operates a furniture
shop, shoe repairing shop, blacksmith and tinsmith shop, auto mechanics and
automobile body building shop, tailoring, electronics, watch-repairing carpentry, and
rattan furniture shop. It is also engaged in track gardening, poultry, piggery and animal
husbandry. The New Bilibid Prison also offers a high school course for prisoners who
desire to complete their high school education. The school is a part of the public high
school of Rizal province. Since its establishment in 1956, the school has graduated over
three hundred inmates.
 The Reception and Diagnostic Center

In 1953, the Reception and Diagnostic Center was established for diagnostic study of
prisoners for more scientific rehabilitation. The Center was opened by virtue of
Administrative Order No. 11 of the Secretary of Justice. From then on the Reception
and Diagnostic Center operated as a separate institution and is housed in one building
inside the Camp Sampaguita compound in the New Bilibid Prison.

The San Ramon Prison and Penal Farm

In 1869, the authorities saw the need of establishing one prison separate from
Bilibid for those who fought the established government. So, San Ramon Prison and
Penal Farm in the southern tip of Zamboanga was established for the confinement of
political offenders. During those days a rebel who was not shot was either sent to Guam
or the Marianas or to Zamboanga. The San Ramon Prison was named after its founder,
Ramon Blanco, a Spanish captain in the Royal Army. The purpose of this prison was
for the segregation of political fecal citrates that advocated for reforms but which
reforms were rejected by the constituted authorities. Thus, Dr. Jose Rizal who fought for
reforms was considered an enemy of the government and was imprisoned in Dapitan,
also in Zamboanga.

The San Ramon Prison and Penal Farm has an area of 1,524.6 hectares. It
houses maximum, medium and minimum custody types of prisoners. Prisoners who are
directly committed, by the court to this prison are later sent to the Reception and
Diagnostic Center in the Central Office for study and diagnosis. San Ramon has an
average population of 1,200 prisoners. The principal product of the San Ramon Prison
is copra, which is one of the biggest sources of income of the Bureau of Prisons. It also
raises rice, corn, coffee, cattle and livestock.

The Iwahig Penal Colony

 On Novmber 16, 1904, Foreman R.J. Sheilds with her sixteen prisoners left the
Bilibid Prison by order of Governor Forbes who was the Secretary of Commerce and
Police, to establish the Iwahig Colonv in Palawan. The idea was hatched on the
suggestion of then Governor Luke E. Wright who envisioned it to be an institution for
incorrigibles. The first contingent, however, revolted against the authorities. They
hogtied their Superintendent, Mr. Madaras, and could have killed him were it not for the
timely succor of the Philippine Scouts stationed in Puerto Princesa. When the Philippine
Commission, by virtue of Reorganization Act 1407, created the Bureau of Prisons on
November 1, 1905, the authorities changed the policy regarding Iwahig so that instead
of sending incorrigibles, inmates who were well behaved and declared tractable were
assigned to this colony. Today, the Iwahig Penal Colony enjoys the reputation of being
one of the best open institutions in the World. Only mutual trust and confidence between
the wards and the prison authorities keep them together, there being no walls.

At present, the Iwahig Penal Colony is a minimum custody or open institution. It

has an area of 36,000 hectares and an average population of 4,000 prisoners. The
colony is divided into four sub-colonies, namely: Sta. Lucia sub-colony, Inagawan
sub-Colony, Montible sub-colony and Central sub-colony. Each sub-colony
operates as a small institution under the management of a penal supervisor. T

The Iwahig Penal Colony administers the Tagumpay Settlement. The Settlement
is a 1,000 hectare portion of the colony which was subdivided into 6-hectares
homestead lots. These lots are distributed to released inmates who desire to live in the
settlement.

One important feature of the Iwahig Penal Colony is the privilege granted to
colonists to have their families transported to the colony at government expense and to
live with them in the colonists' village. The institution maintains various community
resources such as schools, church, recreation center, post exchange, hospital and
clinics for the colonists and their families. The colonists who have their families with
them are assigned a piece of land to cultivate and are encouraged to raise poultry and
livestock for their personal use. Their products are gold by the Colony Post Exchange.
The principal products of the Iwahig Penal Colony are rice, corn, copra, logs, minor
forest products and cattle.

The Correctional Institution for Women

 In 1931, the Correctional Institution for Women was established on an 18-hectare
piece of land in Mandaluyong by authority of Act 3579, which was passed on
November 27, 1929. Prior to the establishment of this institution, female prisoners were
confined in one of the wings of Bilibid Prisons. Later the position for a female
superintendent was created in. 1934. Correctional Institution for women is an institution
under the Bureau of Prison, managed by the female personnel, except the perimeter
guard who are male.

The Correctional Institution for Women is the only penal institution for women in
the Philippines. It has an average inmate population of 180. The institution conducts
vocational courses in dressmaking, beauty culture, handicrafts cloth weaving and
slipper making.

The Davao Penal Colony

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

In 1942, the Davao Penal Colony was used as a concentration camp for
American prisoners of war. The former inmates were all transferred to the Inagawan
sub-colony in Iwahig. During the war, the Japanese devastated the colony, destroying
its buildings, machineries and industries. In August 1946, the colony was re-established
to its former productive activity by slow reconstruction. This institution is now the main
source of income of the Bureau from its vast abaca, banana, rice and other farm
industries.

At present, the Davao Penal Colony is a combination of medium and minimum

custody type of institution. The greater portions of the prison population are medium
security inmates who live in a stockade enclosed with wires. The prisoners work in the
open fields under escort guards. The Davao PenaL Colony manages the biggest abaca
plantation in the whole country. The colony is divided into two sub-colonies, namely, the
Panabo Sub-Colony and the Kapalong sub-colony.

Each sub-colony is headed by a Penal Supervisor. The Davao Penal Colony also
raises rice, corn kenaf, copra, and cattle. It has a potential of producing rice, which will
meet the needs of the whole inmate Population of the Bureau. The colony is engaged in
a joint venture with Tagum Development Company in a 3000-hectare banana plantation
for the export of banana fruits not only to Japan but also to the Middle East countries
particularly Saudi Arabia and Egypt. The colony also operates the Tanglaw Settlement
where released prisoners of said colony are relocated as homesteaders.

The Sablayan Penal Colony and Farm

In 1954, the increase in prison population was such that there was congestion
again in the New Bilibid Prison. The New Bilibid Prison which could hold only 3,000 had
a population of 6,000 prisoners in 1954. On September 27, 19S4, the President of the
Philippines issued -Proclamation No. 72 setting aside 16,000 hectares of the virgin
lands in Sablayan, Occidental Mindoro for the Sablayan Penal Colony. The first
trailblazers were the experienced colony administrators from Iwahig Penal Colony
headed by the Assistant Superintendent of that colony - Mr. Candido Bagaoisan.
Sablayan Penal Colony enjoys the reputation of being the youngest and fastest growing
colony under the Bureau.

This institution is an open or minimum-security type of institution. It has an area

of 16,408.5 hectares and has an average prison population of 1,500. Rice is the
principal product of the colony. This institution is self-sufficient in rice. It also raises
vegetables not only for the use of the colony, but also for the inmates of the New Bilibid
Prison.
 ASSESSMENT NO.5

IDENTIFICATION: Identify what or who is being described by each statement. Write

your answer on the corresponding answer sheet provided at the back of your module.

1. __________ Government body that is empowered to set eligibility standards for BuCor
personnel.
2. __________What is the appropriate rank for a Colony Superintendent?
3. __________Those personnel of the BuCor employed for the purpose of the
implementation of reformation programs and those personnel whose nature of work
requires proximate or direct contact with inmates.
4. __________ Prior to RA 10575 the Directorate for Reception and Diagnostic is formerly
known as?
5. __________ For Supervision purposes the Bureau of Corrections is under what
department of the government?
6. __________How many Deputy Directors of Correction should have under RA 10575?
7. __________What is the required custodial personnel-to-inmate ratio of under BuCor Act
of 2013.
8. __________The maximum age requirement for initial appointment to BuCor under RA
10575?
9. __________The required reformation personnel-to-inmate ratio under the existing law?
10. __________What is the rank of the head of the Bureau of Correction under the BuCor
Act of 2013.

Instruction.

Read and comprehend the following questions and explain each with minimum of 50
words. Use the corresponding answer sheet attached at the back of your module.

1. Explain the importance of counselling as a treatment to the people in conflict with the
law?
2. Based on your understanding what are the advantages and disadvantages of conjugal
visits?
3. As a criminology student it is a must to be knowledgably equipped with law, given a
chance to propose a law about correction management, what would it be? Defend your
answer.
 Bureau of Prisons to Bureau of Corrections

The basic law on the Philippine Prison System is found in the Revised
Administrative Code, particularly Sections 1705 to 1751 of said Code, otherwise
known as the Prison Law. The Prison Law states that the head of the Bureau of
Prisons is the Director of prisons who is appointed by the President with the
confirmation of the Commission on Appointment. The Bureau of prisons has “general
supervision and control of national and provincial prisons and all penal settlements",
and is charged with the safekeeping of all prisoners confined therein or committed to the
custody of said Bureau.

Section 1724 of the Law requires the Bureau of Prisons to promulgate rules and
regulations that will best promote discipline in all the national and provincial prisons and
penal institutions and best secure the reformation and safe custody of prisoners of all
classes. Section 1725 of the same law prescribes that the mode of treatment of
prisoners "shall be with humanity", and that provisions shall be made for the
segregation of juveniles from the adult offenders and those of the sexes.

Administrative Code of 1987 and Proclamation No. 495 issued on

November 22, 1989. Change the agencies' name to Bureau of Corrections from
Bureau of Prisons. The rationale behind changing the Bureau’s name is to
conform to the ongoing trends of modern penology – shifting from the antiquated
punitive system of incarceration to the humanistic rehabilitation approach

Relationship of the Bureau of Prisons with Parole and Jail

Parole, jails and prisons are part of the correctional system of the state. Prisons
and parole are two separate and co-equal entities under the jurisdiction of the
Department of Justice. However, the functions of these two agencies are allied with
respect to the treatment and training of offenders, so that they should maintain a
relationship that is coordinate and advisory in nature.

JAIL ADMINISTRATION

Jails

Jails are primarily adult penal institutions used for the detention of law violators.
Its original function was the pre-trial detention of persons charged with crime. Later it
came into use for the service of shorter sentences. Today, it continues its dual role as a
place of detention for those awaiting final disposition of criminal action and the service
of short sentences of not less than three years.

Generally, Jails differ from the prisons in that the former are administered by
local governments such as municipality, city or province while the latter are
administered by the state or national government. Furthermore, jails are institutions for
the confinement of untried prisoners and sentenced prisoners serving imprisonment of
not more than three years, while prisons are institutions for the confinement of
sentenced prisoners serving imprisonment of more than three years.

History of the Jails

 When the first crude system of community organization began to emerge in the
stone age, a small cave was undoubtedly designated as a holding cell for the detention
of those who violated the tribal code until the elders could gather at the side of some
nearby mountain to decide upon punishment. But when punishment had been
determined, a restraining boulder was rolled aside from the mouth of the cave, the guilty
were brought and punishment promptly meted, Until about 200 years ago, the jail was
used exclusively for the detention of the accused pending trial and imposition of
punishment. The punishment imposed were torture, banishment, exile, death, branding,
Mutilation, but never imprisonment

Types of Jails – the modern jail system falls into three general classes:

1. The lock-up - This is a security facility, usually operated by the police department, for
the temporary detention of persons for preliminary hearing. Usually the period of
detention does not exceed 48 hours. Persons who must be held longer are transferred
to the city or provincial jails.

2. The Ordinary Jail - In most instances this institution houses both offenders awaiting
court action and those serving short sentences, usually up to three years. Frequently, it
is the only facility available for the detention of the juvenile offender and for the care of
the non-criminal insane pending commitment to the state psychopathic hospital. It may
be administered by the police department or by the provincial jail administration

3. The Workhouse, Jail-Farm or Camp - These institutions house minimum custody

offenders serving short sentences, usually not more than three years. Like the ordinary
jail, thy maybe operated by the city police department or by the provincial jail
administration.

Cities and provinces, which have big inmate populations, may operate the three
types of jails mentioned above.

Consolidated Jails

Ideally, jails should be used only for the detention of prisoners awaiting court
action and few short-sentence prisoners who require maximum security. Other short-
sentence prisoners should be housed in special institutions such as farms, camps,
 workhouse, etc., which can provide full employment, remedial services, and
constructive leisure-time activities. The correctional treatment of sentenced offenders
requires more complete facilities and larger staff than can be provided by the average
city or provincial jail, An institution serving several jurisdiction, however, can draw on the
resources of all and with this pooling of funds can offer a planned correctional programs
for short-sentence offenders. The existing jails then can revert to their proper function in
housing prisoners awaiting trial.

Alternative to Jail Confinement

In order to solve the problem of congestion of prisoners in jail and save many
accidental offenders from becoming hardened offenders, the following alternative to jail
confinement are suggested:

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

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

Bureau of Jail Management and Penology (BJMP) - The BJMP exercises

supervision and control over all cities and municipal jails throughout the country. The
enactment of Republic Act no. 6975 created the BJMP. It operates as a line bureau
under the Department of the Interior and Local Government (DILG).

Mission of the BJMP

The Jail Bureau shall direct, supervise and control the administration and
operation of all district, city and municipal jails to effect a better system of jail
Management nationwide.

Objectives of the BJMP

1. To improve the living conditions of the offenders in accordance with the accepted
standards set by the United Nations.
2. To enhance rehabilitation and reformation of offenders in preparation for their eventual
reintegration into the mainstream of society upon their release.
3. To professionalize jail services.
 Principles of the BJMP

1. It is the obligation of jail authorities to confine offenders safely and provide rehabilitative
programs that will negate criminal tendencies and restore their positive values to make
them productive and law-abiding citizens.
2. No procedure or system of correction shall deprive any offender of hope for his ultimate
return to the fold of the law and full membership in society.
3. Unless provided otherwise, any person accused of a criminal offense shall be presumed
innocent and his rights, as a free citizen shall be respected, except for such
indispensable restraints during his confinement in the interest of justice and public
safety.
4. Offenders are human beings entitled to the same basic rights and privileges enjoyed by
citizens in a free society, except that the exercise of these rights are limited or controlled
for security reasons.
5. Health preservation and prompt treatment of illness or injury is a basic right of every
person confined in jail and it is the duty of jail facilities to arrange for their treatment
subject to security measures.
6. Members of the custodial force shall set themselves as examples by performing their
duties in accordance with the rules and respect the laws duly constituted by authorities.

7. No jail personnel shall be abusive, insulting, indecent languages on the offenders.

8. No jail personnel shall use unnecessary force on offenders except for legitimate self-
defense or in cases of attempted active and passive physical resistance to a lawful
order.
9. No penalty shall be imposed upon any offender for violation of rules/regulations unless
in accordance with duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no physical
punishment shall be employed as a correctional measure.
11. Members of the custodial force must understand that offenders need treatment and
counseling and the primary purpose of confinement is for safekeeping and
rehabilitation.
12. When conducting routinary custodial guarding, the ratio of 1:7, or one guard for every 7
offenders shall be observed.
13. When the offender is in transit, the ratio of 1:1+1 for every offender shall be observed. In
case of high-risk offender that demands extra precaution additional guards shall be
employed. This manning level shall be national in scope for effective jail administration.

Powers, Functions and Organization of the BJMP

Powers - The Bureau shall exercise supervision and control over all districts, city
and municipal jails to ensure a secured, clean, sanitary and adequately equipped jail for
the custody and safekeeping of city and municipal prisoners, any fugitive from justice or
persons detained awaiting investigation or trial and/or transfer to the National
Penitentiary, and any violent, mentally ill person who endangers himself or the safety of
others.

Functions - Inline with its mission, the Bureau endeavors to perform the
following:

1. Formulate policies and guidelines on the administration of all districts, city and municipal
jails nationwide;
2. Formulate and implement policies for the programs of correction, rehabilitation and
treatment of offenders;
3. Plan the program funds for the subsistence allowance of offenders;
4. Conduct researches, develop and implement plans and programs for the improvement
of jail services throughout the country.

Organization and Key Positions in the BJMP

The BJMP, also referred to as the Jail Bureau, was created pursuant to Section
60, R.A. no. 6975, and initially consisting of uniformed officers and members of the Jail
management and Penology service as constituted under P.D. no. 765. The Bureau shall
be headed by a chief with the rank of Director, and assisted by a Deputy Chief with the
Rank of Chief Superintendent.

The Central Office is the Command and Staff HQ of the Jail Bureau composed of
3 Command Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6
Personal Staff Groups namely:
1. Command Group - Chief, BJMP - Deputy C/BJMP - Chief of Staff

2. Coordinating Staff Groups

- Administrative Division

- Operations Division

- Logistics Division

- Finance Management Division

- Research Plans and Programs Division

- Inspection and Investigation Division

3. Special Staff Groups

- General Services Unit

- Health Services Unit

- Chaplain Services Unit

- Community Services Unit

- Finance Services Unit

- Hearing Office

4. Personal Staff Groups

- Aide-de-Camp

- Intelligence Office

- Public Information Office

- Legal Office

- Adjudication Office

- Internal Audit
 Regional Office - At the Regional Level, each Region shall have a designated
Assistant regional Director for Jail management and Penology.

Provincial Level - In the Provincial Level, there shall be designated a Provincial

Jail Administrator to perform the same functions as the ARDs province wide.

District Office - In the District Level, where there are large cities and
municipalities, a district jail with subordinate jails, headed by a District warden may be
established as necessary.

City and Municipal Office - In the City and Municipal level, a city or municipal
Warden shall head each jail.

Rank Classification of the BJMP

RANK POSITION/TITLE
APPOINTING AUTHORITY

Director Chief of the BJMP

Secretary of DILG

C/ Supt. Deputy C/BJMP

same

Sn. Supt. Asst. Regional Dir.

same

Supt. Asst. Regional Dir.

same

Chief Insp. Warden Under

Secretary

Sn. Insp. Warden

same

Inspector Warden
same
 SJO 4 to JO1 Jail Guards Chief
of the BJMP

Duties and Responsibilities

WARDEN - Direction, Coordination, and Control of the Jail, Responsible for the
Security, safety, discipline and well-being of inmates

The office of the warden may organize the following units:

1. Intelligence and Investigation Team - It gathers, collates and submits intelligence

information to the office of the warden on matter regarding the jail condition.
2. Jail Inspectorate Section - Inspect jail facilities, personnel, and prisoners and submit
reports to the warden.
3. Public Relation Office - Maintain public relation to obtain the necessary and adequate
public support.

ASSISTANCE WARDEN - The office of the Assistant Warden undertakes the

development of a systematic process of treatment. He acts as the Chairman of the
Classification Board and Disciplinary Board for jails.

ADMINISTRATIVE GROUPS

The administrative groups take charge of all administrative functions of the jail
bureau.

1. Personnel Management Branch

 Assignment of personnel
 Procedures of selection
 Preparation of personnel reports
 Individual record file
2. Records and Statistics Branch

 Keep and maintain booking sheets and arrest reports

 Keep an orderly record of fingerprints and photographs
 Present/ Prepare statistical data of inmates

3. Properties and Supply Branch

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

4. Budget and Finance Branch

 Take charge of all financial matters such as budgeting, financing, accounting, and
auditing.

5. Mess Service Branch

 Take charge of the preparation of the daily menu, prepares and cook the food and serve
it to inmates.

6. General Service Branch

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

7. Mittimus Computing Branch

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

Mittimus – is a warrant issued by a court directing the jail or prison authorities to

receive the convicted for the service of sentence imposed therein or for detention

SECURITY GROUPS - The security groups provides a system of sound custody,

security and control of inmates and their movements and also responsible to enforce
prison or jail discipline.
 Escort Platoon

a. Escort Section – to escort inmate upon order of any judicial body; upon summon of a
court; or transfer to other penal institutions
b. Subpoena Section – receives and distribute court summons, notices, subpoenas, etc.

Security Platoon

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

REHABILITATION PURPOSES GROUPS

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

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

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

3. Socio- Cultural Services - It takes care of the social case work study of the individual
prisoners by making interviews, home visits, referral to community resources, free legal
services, and liaison works for the inmates.

4. Chaplaincy Services - It takes charge of the religious and moral upliftment of the
inmates through religious services. This branch caters to all religious sects.
5. Guidance and Counseling Services - Responsible for the individual and group
counseling activities to help inmates solve their individual problems and to help them
lead a wholesome and constructive life.

Categories of Prisoners

Municipal Prisoners - Persons who by reason of their sentence may be

deprived of liberty for not more than six months. The imposition of subsidiary
imprisonment shall not be taken into consideration in fixing the status of a prisoner
hereunder except when the sentence imposes a fine only.

Provincial or City Prisoners - Persons who by reason of their sentence may be

deprived of liberty for not more than three years or are subjected to a fine of not more
than one thousand pesos, or are subjected to both penalties; but if a prisoner receives
two or more sentences in the aggregate exceeding the period of three years, he shall
not be considered a provincial prisoner.

The imposition of subsidiary imprisonment shall be taken into consideration in

fixing the status of a prisoner hereunder except when the sentence imposes a fine only.

All other prisoners are considered National Prisoner.

 ASSESSMENT NO.6

Instruction.

Read and comprehend the following questions and explain each with minimum of 50
words. Use the corresponding answer sheet attached at the back of your module.

1. Discuss the functions and importance of the UN Standard Minimum Rules for the
Treatment of Prisoners.
2. Based on what have been studied from the previous chapters, is Philippines considered
complaint with the UN Standard Minimum Rules for the Treatment of Prisoners? Justify
your answer.
3. Which among the UN Standards you perceived the Philippines is if not compliant is less
complaint? Discuss your answer briefly.
4. Enumerate all the amendments prison management and explain its developments.
5. How do Prisons classify sentenced offenders and cite some relevant issues about the
management.
 PARDON

Pardon is a form of executive clemency that is exercised by the Chief Executive.

It is an act of grace and the recipient of pardon is not entitled to it as a matter of right.
The exercise of pardon is vested in the Executive, is discretionary and is not subject to
review by the courts. Neither does the Legislative Branch of the government have the
right to establish conditions nor provide procedures for the exercise of clemency.

History of Pardon

The exercise of the pardoning power has always been vested in the hands of the
executive branch of the government, whether King, Queen, President or Governor.
Pardon dates back to the pre-Christian era. In fact the bible contains an illusion where a
criminal was released and pardoned by the King at the time Christ was crucified.

In England, pardon was developed out of the conflict between the King and the
Nobles who threatened their powers. Pardon was applied to members of the Royal
family who committed crimes, and occasionally to those convicted of offenses against
the royal power. It was the general view that the pardoning power was the exclusive
prerogative of the King. In England today the power to extend pardon is vested in the
Queen upon advice of the Minister of the Interior.

In the United States, pardoning among the early American colonists was a carry-
over of the English practice. The Royal governor through the power delegated by the
King exercised the pardoning power. After the declaration of Independence, the Federal
and state constitutions vested the pardoning power on the President of the United
States and the Governor in federal and state cases, respectively.

In the Philippines, the pardoning power is vested on President.

 Kinds of Pardon

As practiced in the Philippines, there are two kinds of pardons, namely, the
absolute and conditional pardons.

Absolute Pardon - is one, which is given without any condition attached to it.
The purposes of this kind of pardon are:

1. To do away with the miscarriage of justice - Under the present method of judicial
procedure justice is not guaranteed. It is possible to convict innocent person, as it is
possible for criminals to escape the hands of justice. When an innocent convict has no
more recourse through courts, the remedy is absolute pardon. The power of the
President to pardon offenders on the grounds of innocence is rarely exercised because
the criminal procedures are liberal in granting a new trial in the case of an offender has
no more legal remedy will pardon of this nature be given. If so exercised, absolute
pardon is granted after an exhaustive investigation is conducted and upon
recommendation of the Secretary of Justice.
2. To keep punishment abreast with the current philosophy, concept or practice of criminal
justice administration - A criminal act, because of changing scheme of social values,
may become non-criminal at a later date. Therefore, persons serving imprisonment at
the time of the repeal of the law abolishing the crime may be extended absolute pardon.
For example, a person serving imprisonment for black-marketing of gasoline when this
commodity was rationed may after the repeal of the law on black-marketing be
extended absolute pardon.
3. To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period. The greatest number of application for
absolute pardon come from ex-prisoners who desire to be restored their political and
civil rights. In the Philippines, the Office of the President laid down the policy to grant
absolute pardon to ex-prisoners ten years from the date of their release from prison.
Recently the policy was relaxed, thereby shortening the waiting period of five years. The
waiting period is required to give the offender an opportunity to demonstrate that he has
established a new pattern of conduct.

Effects of Absolute Pardon

 Absolute Pardon does not work to restore the right to hold public office or the
right to suffrage, unless such rights are expressly restored by the terms of pardon. A
pardon does not exempt the offender from the payment of civil indemnity imposed upon
him by the sentence. Absolute pardon totally extinguishes the criminal liability but not
the right of the offended party to enforce the civil liability against the offender.

In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid down the
doctrine that the absolute pardon removes all that is left of the consequences of
conviction, and that it is absolute in so far it restores the pardonee to full civil and
political rights.

In another case, the supreme Court reiterated the doctrine laid down on the
Cristobal vs. Labrador case and elucidated further that “ an absolute pardon not only
blots out the crime but removes all disabilities resulting from the conviction; and that
when granted after the term of imprisonment has expired, absolute pardon removes all
that is left of the consequences of conviction.” (Polobello vs. Palatino, 72 Phil.441 )

Differences between Amnesty and Pardon

Pardon includes any crime and is exercised individually by the Chief Executive,
while amnesty is a blanket pardon granted to a group of prisoners, generally political
prisoners. Pardon is exercised when the person is already convicted while amnesty
may be given before trial or investigation is had.

In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court
distinguished pardon from amnesty in that, “ pardon is granted by the Chief Executive
and such it is a private act which must be placed and proved by the person pardoned,
because the courts take no notice thereof; while amnesty is by proclamation with
concurrence of Congress, and it is a public act which the courts should take judicial
notice. Pardon is granted to one after conviction, while amnesty is granted to classes of
persons who may be guilty of political offenses, generally before or after the institution
of criminal prosecution and sometimes after conviction. “
 Limitations of the Pardoning Power

The power of the chief Executive to grant pardon is limited to the following:

1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc. 10, Par. 2,
Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation of any election law may
be granted without favorable recommendation of the Commission of Elections. “ (Art. X,
Soc. 2, Par. 2 Constitution of the Philippines)
3. Pardon is exercised only after conviction.

It is an elementary principle in political law that pardon can only be given after
final conviction. Cases pending trial or an appeal are still within the exclusive jurisdiction
of the courts hence, pursuant to the theory of separation of powers, the Chief Executive
has no jurisdiction over the accused.

Conditional Pardon - Conditional Pardon serves the purpose of releasing,

through executive clemency, a prisoner who is already reformed or rehabilitated but
who cannot be paroled because the parole law does not apply to him. Thus a prisoner
serving a determinate sentence or life imprisonment is excluded from the benefits of the
parole law. However, when this prisoner has already been reformed, he may be
released on conditional pardon.

Nature of Conditional Pardon

Conditional pardon is in the nature of a contract, so that it must first be accepted

by the recipient before it takes effect. The pardonee is under obligation to comply strictly
with the conditions imposed therein, otherwise, his non-compliance will result to the
revocation of the pardon. (Art. 95, RPC). If the pardonee violates any of the conditions
of his pardon, he will be prosecuted criminally as a pardon violator. Upon convictions,
the accused will be sentenced to serve an imprisonment of prison correctional.
However, if the penalty remitted by the granting of such pardon be higher than six
years, the pardonee will be made to serve the unexpired portion of his original
sentence. (Art. 159, RPC)
 How Conditional Pardon is given

Conditional Pardon may be commenced by a petition filed by the prisoner, his

family or relative, or upon the recommendation of the prison authorities. The petition or
request is processed by the Board of Pardons and Parole. The Board shall determine if
the prisoner has served a sufficient portion of his sentence; his release is not inimical to
the interest of the community; and that there is a likelihood that the offender will not
become a public charge and will not recidivate in crime. If all these factors are
favorable, then the Board will endorse the petition favorably to the President. If the case
is premature, the petitioner is so informed.

Some Guides in Pardon Selection

In determining the fitness of a prisoner for release on conditional pardon, the

following points shall be considered as guides-

1. The political, organizational or religious affiliation of the prisoner should be disregarded.

2. Due (but not undue) regard should be given the attitude of the people in the community
from which he was sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison – social, economic,
psychological and emotional backgrounds – should be carefully investigated.

Conditional Pardon Distinguished from Parole

The purpose of conditional pardon and parole is the same – the release of a
prisoner who is already reformed in order that he can continue to serve his sentence
outside of the institution, thus giving him the opportunity to gradually assume the
responsibilities of a free man. Both releases are subject to the same set of conditions
will subject the parolee or pardonee to be recommitted to prison. The only difference
 between the two is the granting authority. In parole the granting authority is the Board of
Pardons and Parole, while in conditional pardon, the granting authority is the President.

Conditions of Pardon and Parole

In the Philippines, the pardonee is given the same set of rules or conditions as
the parolee. Among the conditions usually imposed on pardonees and parolees are the
following:

1. That he shall live in his parole residence and shall not change his residence during the
period of his parole without first obtaining the consent of the Board of Pardons and
Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he needs not get
the permission of the Board, although he may so inform his parole officer (Municipal
Judge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will reside) or to such
officer as may be designated by the Executive Officer of the Board of Pardons and
Parole during the first year once a month and, thereafter, once every two months or as
often as he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall avoid places or
persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine Constabulary or any officer
designated by the Executive Officer of the Board to visit him at reasonable times at his
place of abode or elsewhere and shall truthfully answer any reasonable inquiries
concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of the Department of
Justice in payment of the indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive Officer may from
time to time make.
Abuse of the Pardon Power and It’s Safeguards

The power vested on the President by the Constitution to grant pardon is very
broad and exclusive. It is not subject to review by the courts. Neither does congress
have the right to establish conditions nor provide procedure for the exercise of pardon.
Under these circumstances, it is therefore possible that unscrupulous Chief Executive
can abuse his power. In fact, nearly every presidential election the alleged abuse of the
pardoning power has come up as campaign issue against the incumbent President. The
truth of the charge has never been investigated, but the fact that the alleged anomaly is
aired publicly is an indication that the power to grant pardon may be abused.

There are certain safeguards, however, against the abuse of the pardoning
power. First is the constitutional provision that the President may be impeached for a
willful violation of the Constitution. This is enough deterrent for the Chief Executive to
abuse this power. Second, is the policy of the Office of the Chief Executive, ever since
the time of the American Governors General, to approve pardon cases, which are
favorably recommended by the Board of Pardons and Parole. Although this policy does
not wholly bind the President, seldom, if ever, has it been disregarded.

Is Pardon Necessary in our Penal System?

Judges are human beings and are therefore apt to commit errors. It is possible
for an innocent to get convicted, as it is possible for a criminal to escape the hands of
justice. An innocent man may not be able to present evidence to prove his innocence,
or may not have the money to hire a good counsel. Many of our penal laws are
outmoded and are no longer kept abreast with current trends of criminal justice
administration. Judges are limited by laws to the use of discretion they may exercise in
any given case. Under any of the above circumstances, an injustice may result, which
can only be remedied by the exercise of pardon.

Ideally, all releases should be by parole. Society can only be sufficiently

protected against the ex-prisoner if the latter is released through parole or conditional
pardon. Unfortunately, not all sentences are indeterminate so that some prisoners are
deprived of the privilege of parole. Therefore, pardon is necessary for the prisoners who
do not fall under the parole law.

OTHER FORMS OF EXECUTIVE CLEMENCY

Amnesty
 Amnesty is a general pardon extended to groups of persons and is generally
exercised by executive clemency with the concurrence of Congress. Usually the
recipients of amnesty are political offenders, although there are some exceptions. For
example, President Truman issued two proclamation granting amnesty to unnamed
persons, one at the end of World War II in 1945 and another at the end of the Korean
Conflict in 1952. In these cases, the persons have been convicted of crimes against the
United States but were pardoned by terms of proclamation for having served in the
armed forces for at least a year during the conflicts. Those who did so received pardons
without having to apply for them.

The Supreme Court, in the case of People vs. Santos, et al., 47 O.G. 6168,
stated that the “purpose of amnesty is to bring about the return of dissidents and
recalcitrant elements of our population to their homes and the resumption by them of
their lawful pursuits, or occupations, as loyal and law-abiding citizens, to accelerate the
rehabilitation of the war-devastated country, restore peace and order, and secure the
welfare and happiness of the communities.”

Amnesty looks backward and abolishes and puts into oblivion the offense itself. It
so overlooks and obliterates the offense with which he is charged that the person
released by amnesty stands before the law as though he had committed no offense.

Amnesty is extended to convict as well as persons who have not yet been tried
by the court. Some of the proclamations of amnesty are as follows:

1. Proclamation No. 51 – This proclamation was issued by the late President Manuel
Roxas on January 28, 1948, granting amnesty to those who collaborated with the
enemy during World War II.

2. Proclamation No. 76 – This was issued by President Elpidio Quirino on June 21, 1948,
extending amnesty to leaders of the Hukbolahap and Pambansang Kaisahan ng mga
Magbubukid (PKM). The amnesty applied to crimes of rebellion, sedition, illegal
association, assault, resistance and disobedience to persons in authority and illegal
possession of firearm.
3. Proclamation No. 51 – was issued in order to attain the following objectives: To pardon
those commited crimes against the security of the State who have changed their hostile
attitude towards the government and have voluntarily surrendered with their arms and
ammunitions. To get the dissidents back into the fold of law abiding citizens. To gather
the loose firearms.

Commutation

Commutation is an act of clemency by which an executive act changes a

heavier sentence to a less serious one or a long term to a shorter term. it may alter
death or life sentence to a term of years. Commutation does not forgive the offender but
merely reduces the penalty of life sentence for a term of years.

Purposes of Commutation

Some of the common uses of commutations are the following:

1. To break the rigidity of the law - Some penal laws are rigid and unusually cruel. For
example, a law making qualified theft, the stealing of young coconuts from trees, or fish
from the fishpond, or sugar cane from the sugar cane field. Qualified theft imposes an
unusually heavy penalty on the culprit, which is greatly misappropriated to the value of
article stolen. Even if the judge would want to impose a light penalty, he could not do so
because his hands are tied by the provision of the law. The sentence in this case may
be reduced by commutations of sentence.
2. To extend parole in cases where the parole law does not apply - Commutation enables
the recipient to be released on parole when his sentence does not allow him parole,
like, for example, when the sentence is determinate or life sentence, or when the
prisoner is serving two or more sentences. The sentence may be changed to an
 indeterminate sentence by commutation to enable the recipient to receive parole after
serving the minimum of the sentence.
3. To save the life of a person sentenced to death - This is one of the most common uses
of commutation of sentence. In the Philippines, 95% of death penalty cases are
commuted to life imprisonment.

Procedures in Commutations

When the sentence of death penalty is confirmed by the Supreme Court, the
condemned man or the head of the prison system (Director of Prisons) may file a
petition for commutation. The prisoner is subjected to a social, psychological and
psychiatric examination by the Staff of the Reception Center. The inquiry will include the
sociological history of the prisoner, his criminal history, mental psychological capacities,
work history, etc., the purpose of which is to determine the degree of involvement in
crime the prisoner is in, and to determine if he deserves to be given a new lease in life.
The petition is then forwarded to the Board of Pardons and Parole, together with the
reports of examinations of the reception and Diagnostic Center and the
recommendation of the Director of Prison on the petition.

The Board of Pardons and Parole processes the petition and will deliberate on a
recommendation after a careful study of the papers, including the reports of the
Reception and Diagnostic Center. It will them forward the petition, including its
recommendation to the President. The President will then act on the petition. In giving
or denying commutation, the President may not follow the recommendation of the Board
of Pardons and Parole.

Reprieve

Reprieve is a temporary stay of the execution of the sentence. Like pardon, the
President can only exercise reprieve when the sentence has become final. Generally,
reprieve is extended to death penalty prisoners. The date of the execution of sentence
is set back several days to enable the Chief Executive to study the petition of the
condemned man for commutation of sentence or pardon.
 Good Conduct-time Deductions

Conditional release is the statutory shortening of the maximum sentence the

prisoners serves because of good behavior while in prison. This is called “ good
conduct-time “ and is given by the law as motivation for good behavior while serving
sentence in prison. Article 97, Revised Penal Code, provides good conduct time
allowance to all sentences under the following schedules:

“ Good Conduct time allowance is automatically applied to reduce the sentence

but may be taken away from the prisoner if he fails to obey the rules and regulations of
the prison. However, good conduct time allowance may be remitted as a reward for
exceptional services the prisoner may render to the prison administration, or after the
lapse of some time when the prisoner has sufficiently demonstrated that he has
reformed. “

“ If the prisoner does not forfeit his statutory good conduct time allowance through
misbehavior, he is released at time earned. He is released under supervision as if on
parole and subjected to all parole condition which, if violated, will result in the issuance
of a warrant, revocation of his release, and the requirement that he return to prison to
serve the maximum term.”

This form of conditional release is used in Federal, Kentucky, Kansas, North

Carolina and Wisconsin correctional institutions. The release of the prisoner is
mandatory when the accumulated time deducted from the sentence for good behavior
and work credits makes it mandatory to release the prisoner. The Board of Parole does
not participate in the selection process. This form of release does, however, enable the
parole staff to provide supervision for a period of time by which his release has been
advanced for good behavior as though the offender was on parole. The released
prisoners are subject to the regulation and control of parole.

In the Philippines, the prisoner who is released from prison after serving his
sentence less the good conduct time allowance, is released without any condition and is
considered to have served his sentence in full.

Act No. 2489, otherwise known as the Industrial Good Time Law, provides that
when a prisoner has been classified as trusty or penal colonists, he is given an
additional 5 days time allowance for every month of service. A prisoner serving life
sentence has his sentence automatically reduced to 30 years of imprisonment upon
attaining the classification of trusty or penal colonists.

PROBATION

Probation - A term coined by John Augustus, from the Latin verb "probare" –
which means to prove or to test.

Probation is a procedure under which the court releases a defendant found

guilty of a crime without imprisonment subject to the condition imposed by the court and
subject to the supervision of the probation service. Probation may be granted either
through the withholding of sentence (suspension of imposition of a sentence) or through
imposition of sentence and stay or suspension of its execution. The former generally
considered more desirable.

History of Probation

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.
 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.

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 then 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.

Following the passage of that first statute, probation spread gradually throughout
the United States and subsequently to many other countries. The juvenile court
movement contributed greatly to the development of probation as a legally recognized
method of dealing with offenders. The first juvenile court was established in Chicago in
1899. Formalization of the concept of Intake is credited to the founders of the Illinois
juvenile court. Soon after, thirty states in turn introduced probation as a part of juvenile
court procedure. Today, all states offer both juvenile and adult probation. The
administrative structure of probation varies widely from state to state. In some states,
probation and parole are combined. There are state-administered probation systems
and locally administered systems. In New York, probation is locally administered under
the general supervision of the state.

Probation in New York State had its official beginning in 1901, with the
enactment of the first probation in the state. One of the commission's recommendations
in its report to the Legislature resulted in the creation of the New York State Probation
Commission in 1907. Until the late 1920s, this commission coordinated probation work
in various parts of the state, encouraging the statewide development of probation
services, the planned and promoted standards of practice, and guidelines for monitoring
local probation services.

In 1917, a State Division of Probation was established within the NYS

Department of Corrections, and in 1928 the Office of the Director of Probation was
created. The State's Division of Probation remained within the Department of
Corrections until 1970 when it was organized as a separate state agency within the
Executive Department. The Director of the NYS Division of Probation then became a
gubernatorial appointee, directly accountable to the governor.

As a result of additional statutory changes, local probation departments, which prior to

the early 1970s were responsible to the judiciary, followed they NYS Division of
Probation's lead. In 1974, all local probation directors were made accountable to their
respective chief county officials, or in the case of New York City, the mayor.

In 1984, the Classification/Alternatives Law expanded the authority of the state

division. The name was changed to the New York State Division of Probation and
Correctional Alternatives, enhancing the division's ability to foster the development and
effective implementation of local community-based corrections. A present, the New York
City Department of Probation is second only in size to the Los Angeles County
department.
 History of Probation in the Philippines

Probation was first introduced in the Philippines during the American colonial
period (1898 - 1945) with the enactment of Act No. 4221 of the Philippine Legislature on
7 August 1935. This law created a Probation Office under the Department of Justice. On
November 16, 1937, after barely two years of existence, the Supreme Court of the
Philippines declared the Probation Law unconstitutional because of some defects in the
law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would establish a
probation system in the Philippines. This bill avoided the objectionable features of Act
4221 that struck down the 1935 law as unconstitutional. The bill was passed by the
House of Representatives, but was pending in the Senate when Martial Law was
declared and Congress was abolished. In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18 technical hearings over a period of six
months, the draft decree was presented to a selected group of 369 jurists, penologists,
civic leaders and social and behavioral scientists and practitioners. The group
overwhelmingly indorsed the establishment of an Adult Probation System in the country.

On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation
Law of 1976, was signed into Law by the President of the Philippines. The
operationalization of the probation system in 1976-1977 was a massive undertaking
during which all judges and prosecutors nationwide were trained in probation methods
and procedures; administrative and procedural manuals were developed; probation
officers recruited and trained, and the central agency and probation field offices
organized throughout the country. Fifteen selected probation officers were sent to
U.S.A. for orientation and training in probation administration. Upon their return, they
were assigned to train the newly recruited probation officers. The probation system
started to operate on January 3, 1978. As more probation officers were recruited and
trained, more field offices were opened.

Role of Probation in the Correctional System

Probation is a part of the correctional system. It cannot be properly considered as

an independent subject. It is only a phase of penology, and therefore, it must be viewed
in its relation to other aspects of the enforcement of the criminal laws and its proper
perspective. It is a part of an entire structure and only a single feature of a well-rounded
 correctional process. Probation is a form of treatment of the convicted offender. It is not
a clemency, pity or leniency to the offender, but rather a substitute for imprisonment.
There are some offenders who must go to prison for their own good and for the good of
the society because their presence in the community constitutes a threat to law and
order. Other less inured to crime can remain in the community after conviction where
they are given a chance to conform to the demands of the society. Probation is
compared to an out-patient. The out-patient does not need to be confined in a hospital
because his sickness is not serious. However, the patient must remain under the care
and supervision of his family physician in order that his sickness will not become
serious. Similarly, the probationer does not need to go to prison, but he should remain
under the supervision and guidance of his probation officer in order that he will not
become a more serious offender.

Probation is given in cases that the ends of justice do not require that the
offender go to prison. This is also when all the following circumstances exist: that there
is a strong likelihood that the defendant will reform; that there is a little danger of
seriously injuring or harming members of the society by committing further crimes; that
the crime he committed is not one that is repugnant to society; that he has no previous
record of conviction; and that the deterrent effect of imprisonment on other criminals is
nit required. The person who is placed on probation is not a free man because he is
required to live within specified area. He is deprived of certain rights and privileges of
citizenship, but he retains some other rights and is entitled to the dignity of man.

Purpose of Probation

The Wickersham Reports in 1931 (Report of the “ National Commission of Law

Observance and Enforcement, “ page 146 of Report No. 9) states the purpose of
probation as follows:

1. “ Probation, like parole and imprisonment, has as its primary objective the protection of
society against crime. Its methods may differ, but its broader purpose must be to serve
the great end of all organized justice – the protection of the community… probation is an
extension of the powers of the court over the future behavior and destiny of the
convicted person such as is not retained in other dispositions of criminal case…
2. “ … in probation ( there ) is the recognition that in certain types of behavior problems
which come before the courts confinement may be both an unnecessary and an
inadequate means of dealing with the individuals involved; unnecessary because in that
particular case the end sought, i,e., the protection of society, may be achieved without
the cost of confinement, and inadequate because the prison sentence may create
difficulties and complications which will make more, rather than less, doubtful the
reinstatement of that particular individual as a law-abiding citizen. “

Advantages of Probation

Probation is more advantageous than imprisonment. In probation, the man is

spared the degrading, embittering and disabling experience of imprisonment that might
only confirm them in criminal ways. On the other hand, the offender can continue to
work in his place of employment. Family ties remain intact, thus preventing many a
broken home. Also, probation is less expensive which is only one tenth as costly as
imprisonment. To the extent that probation is being used today – about 60% of
convicted offenders are given probation – this type of sentencing therefore, will greatly
relieve prison congestion. Chief Justice Taft of the United States Supreme Court in a
case decided by that Court mentioned the purpose of the federal Probation Act as
follows:

“The great desideratum was the giving to young and new violators of law a
chance to reform and to escape the contaminating influence of association with
hardened or veteran criminals in the beginning of the imprisonment… Probation is the
attempted saving of a man who has taken one wrong step and whom the judge think to
be a brand who can be plucked from the burning at the time of the imposition of the
sentence.“

ADMINISTRATIVE ORGANIZATION OF PROBATION

 During the early stages of probation the appointment of probation officers and the
administration of probation services were considered as court functions. Later,
probation service was provided to serve all courts within a City or County such courts as
juvenile, domestic, municipal and criminal. In this type of probation service, the
probation officers are appointed by the Civil Service Bureau or Commission. In recent
years there has been a trend toward a state integrated probation and parole service for:

 Personality: He' must be of such integrity, intelligence, and good judgment as to

command respect and public confidence; Because of the importance-of his quasi-
judicial functions, he: must possess the equivalent personal qualifications of high judicial
officer. He must be forthright, courageous and independent. He should be appointed
without reference to creed, color, or political affiliation.
 Education: A board member should have an educational background broad enough to
provide him with knowledge of those professions mostly closely related to parole
administration. Specifically, academic training which has qualified the board member for
professional practice in a field such as criminology, education, psychiatry, psychology,
social work and sociology is desirable. It is essential that he have the capacity and
desire to round out his knowledge, as effective performance is dependent upon an
understanding of legal processes, the dynamics of human behavior, and cultural
conditions contributing to crime.
 Experience: He must have an intimate knowledge of common situations and problems
confronting offenders. This might be obtained from a variety of fields, such as probation,
parole, the judiciary, law, social work, a correctional institution, a delinquency preventive
agency.
 Others: "He should not be an officer of a political party or seek or hold elective office
while a member of the board."

PAROLE SYSTEM

The Board of Parole should be vested by law wide latitude of powers, which
include the following:

1. To set terms of parole.

2. To decide who shall be released on parole from among all inmates eligible.
3. To determine the date of release.
4. To decide revocation of actions.
5. To administer the agency responsible for parole supervision sometimes.

Institutional Parole Officers

In the preparation of cases for parole deliberation/the Board of Parole is aided by

a sufficient number of institutional classification and parole officers. These personnel
work closely as liaison officers between the board of parole and the prison, and are in
close contact with the parole officers in the field who supervise the parolees after
release.

The institutional classification or parole officer keeps up-to-date the running case
summary of the prisoner and makes said records available to the parole boards from
which it can base final parole action. He is responsible for the preparation the ad mission
summary of the prisoner, which includes the record of the present and previous criminal
offenses, a social history; religious history psychological and psychiatric study,
employment and educational accomplishment; and complete analysis of the community
arid situation: The institutional parole officer submits "progress reports" on the prisoners'
program and training as the inmates serve their sentences.

Administrative Structure

There are four plans or structures by which parole is administered, namely:

1. The parole board serves as the administrative and policy-making board for a combined
probation and parole system. Most of the states of the United States fall under this plan.
2. The second plan that parole board administers the parole service only.
3. The third plan is that the parole services are administered by the department which
administers the prison and other correctional institutions and which department may or
may not also include the parole board.
4. The fourth plan is that the parole services are administered by the state correctional
agency, which also administers probation and penal institutions.

The parole system in the Philippines falls under the third plan. Generally a
parole office headed by an executive officer called Parole Administrator or Chief Parole
Officer administers parole. The Chief of the Parole Office executes the policies
formulated by the Board of Parole, and carries out the functions of parole. A parole
agency has two important units or subdivisions aside from the administrative and other
auxiliary service units. The principal subdivisions are the investigation and Supervision
Divisions.

Parole Investigation

The investigation unit of a parole agency is responsible for conducting pre-parole

investigations. The purposes of pre-parole investigation are (1) to bring the case history
facts up to date, and (2) to verify parole plan or work and residence.

Parole Selection

One of the most important functions of the Investigation Division is to help the
parole board in the selection of prisoners for parole. This cannot be determined merely
by the length of time served. If a prisoner is paroled too soon and while still
maladjusted, he may fail and return to prison. On the other hand if the prisoner is
retained too long, he may be embittered, depressed, become apathetic or get discour-
aged, so" that when released he may fail to reestablish himself, adequately in society.
The institutional record a one cannot be used as an index of a prisoner's readiness for
parole because some men with deeply and socially dangerous patterns of criminality
are shrewd enough to maintain a good institutional record and yet be actually among
those with the poorest likelihood to succeed on parole.

In determining readiness of a prisoner for release, the program of treatment and

training of the prisoner in the penal institution should be coordinated with his -program
when released. The prison staff and parole bureau should coordinate in preparing the
detailed program of the prisoner, both in prison and on parole. One way of achieving
coordination between the two agencies, the prison and the parole bureau, is to provide
"institutional parole" officers who understand the problems of parole -supervision and
can work effectively with the parole bureau.-Another way to effect coordination between
the prison and the parole bureau is to assign parole officers from the staff of the latter
agency to work in the penal institutions. Under this arrangement the parole officer
participates actually in the classification and casework program of the prison and is
 responsible for the evaluation of the inmates program from the standpoint of its
usefulness after release.

Tools in Selection

Three documents need to be prepared by the institutional staff to assist the

paroling authorities and the parole bureau their work with individual prisoners. They are:

1. the pre-board summary;

2. the parole referral summary of the classification committee
3. the final pre-release progress report.

The Pre-Board Summary - This document is prepared by the institutional parole

officer. It a brief summary of the inmate's case, including his case history and the salient
points, which are considered necessary whether or not, parole is to be granted.

The Parole Referral Summary - This document is prepared by the prison's clas-
sification committee for the use of the parole bureau. The purpose of this summary is to
indicate to the field (parole) workers what the staff of the prison considers to be
essential for the best interest of the parolees and the protection of the society. It
contains an appraisal of the prisoner's personality and his needs for adjustment upon
return to society.

Pre-release Progress Report - the institutional Classification Committee also

prepares this document. In this report, the professional contributions of the Reception-
Guidance Center and of the institution are brought together for greatest usefulness at
pre-release. The pre-release progress report is used by the Parole Board as guide in
determining the prisoner's eligibility for parole and in preparing his parole program. It
outlines the treatment program of the parolee. While the report contains certain
suggestions on the prisoner's program during the remaining weeks of his stay in prison,
special emphasis is given to his program when he leaves the institution in terms of
success after release. The parole officers use it as reference and guide when the
inmate is brought in for personal appearance to formulate with the parole officer a
program for parole.
 Contents of the Parole Referral Summary

1. The general background and present status of the inmate.

 Local status with regard to release

 Previous criminal behavior in relation to parole situation.
 Social history (including family relations, social welfare assistance and use of leisure
time.)
 Personality adjustment in prison (including appraisal of disciplinary record.)
 Other matters.
2. Report of Institutional Program

 Treatment of personality maladjustment

 Vocational training
 Academic education
 Medical treatment
 Recreational activities (including hobbies.)
 Religious interest
 Other matters.
3. The Inmate’s own plans and concern over parole

 Preferred place of residence

 Type of work desired.
 Family relations.
 Problems anticipated by inmate.
 Other matters
4. Comments by the compiler of the report.

5. The staff recommendations.

 Level of supervision (maximum, medium, minimum).

 Residence
 Work
 Program (education, religion, recreation, etc.)
 Special needs (medical, financial, etc.)
 Other matters.
 The Importance of the Parole Referral Summary

The parole referral summary represents the final evaluation of the effect upon the
inmates of this investment in their welfare by society. The parole referral summary is
sent to the field officers of the parole bureau. This document represents a general plan
for the care and treatment of the parolee. Circumstances may require modifications of
the recommendations contained by the paroling agency, yet the parole referral sum-
mary remains the basic clinical document for the determination of the man's program
upon release, since it represents a comprehensive study by the institutional staff of his
entire life.

Pre-Parole Investigation

The primary duty of the parole board is the proper selection of prisoners to be
released on parole. It is the prime concern of the board to determine whether parole
applicants are capable of living in the community and remaining at liberty without
violating laws. It must also determine whether the release of the prisoner is compatible
with the welfare of society.

The investigation division of the parole office takes charge of making a pre-parole
investigation for reference and guidance of the board in the proper selection of pri -
soners for parole. The parole officer making the pre-parole investigation collates all in
formations regarding the inmate contained in various documents or reports, namely, the
comments from the sentencing judge, comments from the prosecuting fiscal, _and a
further analysis of the many studies and contacts made by the trained prison staff
during the period of the inmates’ imprisonment.

The institutional reports consist of psychiatric and psychological reports', the

social history of the prisoner prepared by the sociologist, educational report evidence of
wanting to reform, conduct while in prison, attitude and other contributory factors. In
determining the fitness the prisoner for parole, the parole board should likewise look into
the negative factors which may disqualify the prisoner for parole, such as the adverse
feeling of the community toward his release on parole, and unstable family situation,
lack of employment; opportunity or unsatisfactory record of previous employment history
of failure to support family or dependents properly; lack of: responsibility, record of
nomadism, alcoholism lack of home sites, and antisocial 'nor immoral acts. The parole
board should likewise consider the favorable or unfavorable reports of the field
supervising parole officer on the parole plan for the prisoner since this officer makes last
minute verification on arrangement regarding residence, selection of parole adviser, and
prospective employment.

Parole Hearing — How Conducted

Parole hearings may be commenced by a written petition of the prisoner or by his

relatives. In an institution where casework method is highly developed, there is no need
for the prisoner to file a petition since the institutional classification committee, motu
propio initiates parole proceedings the moment the prisoner becomes eligible.

Several methods are used in selecting prisoners for parole. Some boards of
parole conduct interviews in the prison with the entire membership present to
interrogate the prisoner. In some jurisdictions, the board does not conduct interviews
with the prisoners but depends solely on the recorded material. In the United States
Board of Parole, the board does not meet en bane to interview the prisoner. Instead,
each of the five board members interviews all prisoners eligible for parole in a particular
institution. His interviews are recorded in verbatim He prepares a complete resume and
analysis of case. His findings are contained in the detailed summary, which he prepares
after the interview. The other members of the board who may or may not concur with his
recommendation review this summary.

Cases of prisoners serving more than five years or cases wherein a major policy
is involved, and cases offering difficult factors in planning are resolved by the board en
bane.

The date of release of a parolee does not take place earlier than one month nor
exceed six months from the date parole is granted. This will give sufficient time for the
supervising parole officer to complete and verify the parole release plan. Only in
exceptional cases are parolees granted immediately upon approval by the board. Cases
 that are denied by the board may be rescheduled for hearing after at least six months
from the date of denial.

ASSESSMENT NO.7

Instruction.

Read and comprehend the following questions and explain each with minimum of 50
words. Use the corresponding answer sheet attached at the back of your module.

1. Explain the pros and cons of executive clemency?

2. Differentiate the executive clemency and legislative power on granting privileges to the
inmates.
3. Explain the efficiency and effectiveness of parole system in the Philippines.
Coordination of Probation, Prison, and the Parole Program

In recapitulation it may be here emphasized that the three principal correctional

agencies, namely, probation, prison and parole, should be coordinated. The reason for
this is that since the three correctional services aid the same persons, each service
should know the experiences of the others and their efforts with individuals. The pre-
sentence investigation prepared for the use of the court, is invaluable to the prison
officials who must treat the person committed to prison. This report is used by the
classification committee of the prison as guide in carrying out the prisoner's treat ment
and training program. When the prisoner is ready for parole consideration, the parole
board finds the pre-sentence investigation report very useful in deciding, on parole.
When the prisoner is paroled, the prison officials furnish the parole officer with a
progress report pertaining to the changes in. health, acquisition of new skills and other
attainments.
 The parole, officer serves as a good liaison between the prison and the parole
board on the one hand, and the community on the other hand. He interprets the pro -
blems and needs of the prisoner to his family, his prospective employer and the
community for the eventual return of the prisoner.

The correctional service may be_ compared to the medical service. Probation is
the equivalent of the out-patient service. Probation officer deals with the offender just
as the family physician treats the patient at home. The more serious offenders are
committed to prison just as patients requiring operation or special care have to be sent
to the hospital. When the prisoner has served his minimum sentence or has stayed in
prison long enough and believed to be already reformed, he is released under the care
and supervision of a parole officer. Likewise, when the patient becomes ambulatory, he
returns home to the care of the family physician. If all goes well in the community as
planned, there is no need for him to return to the hospital for further treatment.

Failure to integrate these three branches of the correctional service — probation,

prison, and parole, obstructs the speedy reformation of the offender and is costly to the
government. These three agencies should be integrated as parts of a full-coverage
policy of corrections and they should operate in harmony with a single objective: the
wholesome rehabilitation of the offender.

Parole Supervision (Organization and Regulation Aspects)

The supervision of parolees is one of the most important aspects of the whole
rehabilitative process. The character of the supervision largely determines the success
or failure of any given case. Supervision of parolees has three aspects: organizational,
regulation and operational.

Organizational aspect

The Federal government of the United States combines parole supervision with
probation supervision. It has no parole field service hence parolees are turned over to
the district court probation officers for supervision.
 Some big states have centralized parole supervision services. This sort of
centralized parole supervision service may involve district offices, with parole officers
working out of them, but all of these services are controlled and budgeted from a central
state office. In smaller states that do not justify establishment of district offices, parole
officers are assigned to cover certain territories usually covering several counties and
are directed from the central office. In a few jurisdictions, parole supervision is an
adjunct of the prison because a centralized parole service is not economically justified.

Recently, federal and state laws were passed providing for parole and probation
compacts, whereby states enter into reciprocal agreements to allow a parolee or pro-
bation to be supervised by another state.

Some centralized parole supervision units are separate state units or bureaus
under the department of welfare or division within the department of corrections.
Sometimes they are a part of the total parole board organization.

Regulation Aspect of Parole Supervision

The regulation aspect of parole consists of several rules and requirements pro-
mulgated by the paroling authority. But why are rules and regulations necessary in
parole? The parolee, whether he likes it or not, needs a certain kind of discipline. It
instills in him the feeling of security to know that he is within legal bounds by follow ing
the set of rules and regulations. Some types of offenders need the authoritarian method
of dealing with them, so a set of rules and regulations is the only way to help them get
over their difficulties. Rules and regulations in parole are intended to help both society
and the parolee. They can be used to help parolee if their regulatory effects eventually
become part of the parolee's way of life. Rules and regulations pose as a sword of
Damocles over the head of the parolee. He knows for a fact that when he violates any
of the rules his freedom will be forfeited.

The most common rules and regulations are the following:

1. Making restitution. A condition is imposed to the effect that the parolee must make
monetary restitution to the victim. It is understood that the parolee shall only be required
 to pay restitution if he is earning more than his necessary living expenses. Usually, the
restitution is paid by installment at a rate that will not deprive the parolee and his family
the necessities of life. It is but fair and just that what has been unlawfully taken from the
victim must be returned.

2. Supporting Dependents. Society expects everyone to support his dependents and so

there is no reason that a parolee should not be required to do so. If, however, he fails to
support his family and dependents through no fault of his like when he cannot find or
hold a job, it should not be a reason to revoke parole already given. The treatment of a
parolee aims at helping him become a more responsible citizen, so that requiring him to
meet his obligations, is but one way of training him along said virtue. It protects his
dependents and at the same time aids the parolee on his path toward maturity and
stability.

3. Getting, Keeping and Reporting Honestly on Employment. The parolee must be

taught the habit of work, not only for psychological effect but also for economic stability.
It is therefore essential that the parolee be assured of a legitimate and legal means of
income. Before releasing the parolee, therefore, the parole board must be assured that
he is willing to work; must make reasonable efforts to secure and maintain employment;
and must work only in legitimate enterprises. Sometimes the parole office requires the
parolee to inform his parole officer of any change of employment. The aim is to
discourage the parolee from drifting from one employment to another, which is a
symptom of vocational maladjustment.

4. Avoiding indebtedness and unnecessary expenditures. The purpose of this re-

gulation is to encourage thrift, proper budgeting and responsible habits. There are
times, however, that going into debt is unavoidable. When the purpose of incurring, the
debt or in making unnecessary expenses is laudable, the parolee should not be
punished.

5. Reporting. This is a requirement in all parole systems. The parolee is required to

report to his parole officer at stipulated intervals. Some parole offices merely re quire the
parolee to submit a completed form, giving pertinent data on residence address,
employment data, savings, leisure-time activities, family situations, associates, and
plans for the future and problems requiring decisions. The parole officer does not take
as the truth all that the parolee reports during the interview. He must verify all-important
allegations of the parolee. The requirement of reporting is in itself a protection of society'
in that failure to comply is symptomatic of the parolee's maladjustment.
6. Making Arrival Report. The parolee, in most parole jurisdictions, is required to report to
his parole officer shortly on his arrival at his parole residence. This requirement is
meaningful in that failure to do so is indicative of something that is still wrong with the
offender.

7. Keeping the Parole Officer Informed of the Whereabouts of Parolee. - This is but
logical if supervision is to be carried out effectively. If the parolee remains within the
parole jurisdiction, he does not need to inform the parole office.

8. Permitting the Parole Officers to visit the Parolee at Home and in His Place of
Work. There is no reason why a parolee should not allow his parole officer to visit him
at home from the standpoint of law-enforcement. However, if the parole officer is
refused admission in the house of the parolee, the former cannot force his way without
a warrant. Sometimes the parolee feels embarrassed when visited by the parole officer.
The purpose of employment visits should be clearly explained to the parolee in order
that he will readily cooperate. The parole officer has a duty to see to it that the parolee
is gainfully and legitimately employed. Home and employment visits are part of the
casework functions of the parole officer.

9. Abstaining from the Use or Overuse of Liquor. Some parole jurisdictions prohibit the
parolee from sipping even a drop of wine. Other jurisdictions think that entire prohibition
is unrealistic, so that they only require the parolee not to indulge heavily in liquor.
Moderate drinking is a part of a man's social life and social qualification.

10. Keeping Curfew Hours. The purpose of this rule is discouragement of unwholesome
habit that may lead to troubles. An ex-prisoner is prone to being suspected by the police
whenever an unsolved crime is committed. In order to evade being a suspect, the
parolee should agree to keep reasonable hours at night.

11. Provision against Marrying Without Permission. Parolees are still wards of the state
and are not yet restored their civil and political rights. One of the civil rights affected by u
prison sentence is the right to contract marriage. Since the parolee is not yet a
completely free man he cannot marry without first obtaining permission from the parole
officer. One strong reason in favor of this regulation is to prevent the parolee from
having a family if he is not financially capable of raising one.
12. Provision Against Living in an Illicit Relationship. The parole must attempt to live a
clean life and one way of carrying it out is to issue this regulation. This regulation is
specifically directed to parolees convicted of bigamy, concubinage and adultery to
prevent further amorous relations with the woman who caused their imprisonment.

13. Regulations against Owning or Operating an Automobile. Some states or countries

disqualify convicted offenders from getting a driver's license. In order, therefore, that the
parole office may not be a party in a case of illegal operation of a motor vehicle, parole
offices prescribe rules against the parolee operating or owning a motor vehicle without
permission. Besides, the parole authorities want to obviate the possibility of the parolee
using an automobile for committing another crime.

14. Prescription against the Use or Sale of Narcotics. This rule needs no further
discussion. Even free men are prohibited from using narcotics without medical
prescription, or selling them.

15. Regulation Against Carrying or Possessing Dangerous Weapons. For obvious

reasons the parolee should not be allowed to possess a dangerous weapon, especially
a firearm.

16. General Admonitions Regarding Observance of Law. The only reason this
regulation is included is that the parolee 'must be reminded about observing law and
order.

The Parole officer as Law-enforcement Agent

Parole offers the community preventive and protective service through an inten-
sive supervision of the parolee. By constant supervision of the individual and follow-up
of his day-to-day activities, the parole officer is able to recommit parolees who are on
the road leading back to crime.

NOTE: The role of the parole (probation) officer as law-enforcement agent is dis-
cussed in the Chapter on Probation.
 The Parole Officer - A Case Worker or a Police Officer?

There is controversy as to whether or not the parole officer should be clothed

with law enforcement authority. One school of thought holds the view that parole officers
should not perform law enforcement work, such as sleuthing and arresting his ward. To
do so would be incompatible with his role as a social caseworker. The effectivity of the
parole officer as a guidance counselor, a leader or teacher is nullified if the parole
officer is clothed with police powers. The other school of thought holds the view that
parolees, being persons who have not been able to make adjustments with the
demands of society, should be applied certain restraints under threats of arrest and
reincarceration. Not all parolees, according to this view, respond to the guidance
counseling or leadership techniques of supervision, hence the need for the authoritarian
method for this type of persons.

Experience in various parole agencies, however, proved that the two points of
view expressed above are without basis. It was satisfactorily proven in many juris-
dictions that some parole officers with professional training in social work made good as
peace officers while others whose basic training was in law enforcement made good as
case workers

Classifications of Cases

The quality of service that a parole office renders to the parolee depends on the
size or caseload parole officers have. One cannot expect adequate supervision from a
parole officer who has 750 parolees to supervise.

Parole supervision can be simplified and made more effective by adopting a sys-
' tern of classifying parolees. Some parolees do not have pressing problems as they
arise. The accidental offender belongs to this type. This type of parolees needs very
little or no supervision from the field parole officers.

Another classification of parolees is the type that needs casework as the primary
consideration of treatment. The parolees may not be serious community- risks. An ex-
ample of this type is the parolee who is in need of a job or economic aid. Here the field
 parole officer can devote full attention to intensive casework that is, trying to help his
client get a job.

A third classification for purposes of supervision is the type in which law

enforcement function is the first, even the only consideration. This type of parolee needs
constant supervision and surveillance by the parole officer in order to prevent the parole
from recommitting crimes. Usually we find in these classification offenders whose his-
tory and background indicate great personal disorganization, such as the professional
killer, the gangster, the sex-pervert, and the long-time confidence man. The field parole
officer should be alert to discover signs of misbehavior in this type of parolees and to be
quick on his rearrest.

Knowing the type of offenders his wards are, the parole officer can adjust his
schedule of supervision, devoting intensive supervision to parolees belonging to the
third type while giving little time for parolees of the first type.

Casework Techniques

The parole officer as caseworker, he can use casework techniques, among

which are:

4. The Manipulative techniques;

5. The Executive techniques; and
6. The Guidance, Counseling and Leadership technique.

(*Casework techniques also apply to supervision in Probation.)

Manipulative Techniques

Manipulative technique are ways of helping the parolee by altering his environ-
mental conditions go as to bring out satisfactory social adjustment in the individual.
Among the common manipulative devices used by the parole officer are the following:
1. Job finding — some parole systems have their own employment bureaus, the main
function of which is to locate jobs for parolees. By providing a job the parolee may
become a permanent law-abiding citizen. In some cases, the parole officer himself tries
to find a job for his ward.

2. Home placement — there are some parolees who cannot return to their parental
homes because of some conflicts or tensions existing in the family, or that a member of
the family is a morally depraved person whose influence on the parolee may not be
conducive to his social readjustment. It is the responsibility of the parole officer to help
find a foster home for the parolee.

3. Improvement of community conditions — the locality where the parolee returns may
abound with vices such as gambling, dancehalls, bars, houses of prostitution, etc. It is
the duty of the parole officer, like other civic-minded citizens to participate in community
movements to clean up these vices and unwholesome establishments.
4. Removal of Discrimination — One of the greatest obstacles to employing ex-prisoners
as well as accepting them socially in the community is the prejudice that prospective
employers and the public have against him. Very few industrial establishments would
employ a parolee or an ex-prisoner. It is the job of parole officers to remove
discrimination against the parolee in order that employers may be willing to offer him a
job. The parole officer can participate in a public information program designed to
educate the community into accepting the ex-prisoner as a human being, to avoid
stigmatizing him.

The employment of manipulative devices in helping parolees by the parole officer

needs skill. It is not because the parolee needs a job that his parole officer gets him a
job. It is more meaningful and lasting to the parolee if, instead of the parole officer
getting him a job, he should first exert efforts to make the parolee gain strength to seek
his own job. By extending the help to the parolee, the latter is not helping solve his
problems permanently, so that when his prop (the parole officer) is gone, the same
problems he had before his imprisonment will bring him into troubles again.

Executive Techniques
 This is a method of helping parolees by which the parole office performs referral
services. Parole agencies do not often have the necessary funds for direct administra-
tion of parolees under care, so that the most that parole can offer by way of help is to
refer the parolee to agencies offering the services desired. Among the services by
referral are:

1. Locating a job — The parole office refers the parolee to a firm, company, or to any
employment agency for possible employment.
2. Relief — When a parolee or his family is in dire need of the basic necessities of life
such as food, clothing or medicine, the parole office refers the parolee to a social
welfare agency, which can extend them relief.
3. Medical Care — It is the function of the parole officer to refer his client in need of
medical care, hospitalization, dental services or psychiatric services, to agencies
rendering such services free of charge.
4. Public grants — The parole officer should be familiar with laws on public grants such
as social security, old age benefits, aids to widows and dependent children, in order that
he can refer his clients who are eligible to any of such grants
5. Institutional placements — The supervision program of the parolee may indicate a
need for his removal from his parental home and for placement to a foster home. It is
the responsibility of the parole officer to explain to the parolee and his family of the need
for the said transfer of residence to a foster home. When this is undertaken, the transfer
is effected by referral to the proper agency.
6. Legal aid — The parole officer, even when he is a lawyer, should refrain from giving
legal advise to his client in need of legal services. It is always a better policy for him to
refer the parolee to a legal aid office. Oftentimes legal questions involving common-law-
relationship, legal separations, bigamous or adulterous relationship, custody or support
of children come up, and the parole officer should know where to refer each case.
7. Educational and vocational guidance — The parole officer is not an expert in
educational and vocational matters. He should therefore refer his ward to the proper
agency rendering educational or vocational training or apprenticeship.
8. Recreation— Parolees should, as integral part of their adjustment, be given guided
recreational activities, otherwise, they will frequent poolrooms, bars and other
unwholesome recreational joints. Some communities have group work agencies offering
recreational activities. The parolee officer must know how and when to enlist the
services of these agencies in connection with the problems of his wards.
9. Social agency help - There are several agencies, public and private, that may offer
services to parolees. The parole officer should be well acquainted with what those
agencies can offer to his wards.
 Guidance, Counseling and Leadership Techniques

These techniques require that the parole officer must be well versed with the
science of human behavior. He should know the motivations, which cause the person to
react the way he did under certain situations. He should try to determine what caused
his ward to follow a certain cause of action. He should attempt to influence and guide
his clients into solving their problems.

Guidance and leadership are temporary crutches upon which the parolees
depend in overcoming their difficulties. Sometime or another the parolees will no longer
depend on the services of the parole officer. The parolees should be taught to gain in-
sight into their problems and how to solve them. It is not guidance and leadership if the
parole officer himself does the solving of the problem for the parolee.

In guidance and leadership technique, the parole officer seeks to exert a direct
personal influence on the parolee. The advice of the parole officer may spell the dif -
ference between going straight and going the wrong way by the parolee. The parolees'
thinking can be properly guided by the parole officer so that they may be able to solve
their own problems under the same or similar situations.

Parole Advisor

The parole advisor is primarily and essentially a volunteer worker. He works as

an unpaid parole officer, a non-professional counselor, adviser, first friend, and sponsor
to the parolee. When parole was newly introduced, the parolee was required to report to
a sponsor known as guardian who performed the functions of advisor and parole officer.
The untrained, unpaid volunteer workers of the Elmira days are now relegated to
perform the role of parole advisers.
 The parole system of the U.S. Federal Government has adopted the parole ad-
visor system. The policy of the Federal Parole administration is that the parolee must
have some citizens to serve voluntarily as his parole advisor. This requirement has
been abolished in several states and is now waived by the U.S. Board of Parole when a
satisfactory advisor is not available, in which case the probation officer is named parole
advisor in addition to his duties as supervising officer.

The parole advisor can be of great help to the parole service during the pre-
release planning. The advisor who may have known the prospective parolee intimately
for some time can help in the preparation of the parole program. The interest shown by
the advisor on the would-be parolee can be exploited and developed by the parole
officer to a productive and helpful service throughout the ensuing parole period.

It is desirable that the field probation officer and the parole advisor should work
as a team. In order to obtain full cooperation of the advisor, the parole officer should
show its appreciation for the assistance of the parole advisor. The advisor can be of
service more effectively in rural areas where the parole officer cannot regularly visit. The
parolee can always turn to his parole advisor for immediate help because the parole
officer is not available for immediate counsel and advice when pressing problems arise.
Furthermore, the parole officer may have to depend on the advisor for reliable
information regarding the parolee’ conduct, as well as his adjustment.

Parole Violators and Detainers

There are two types of parole violators: commission of a new crime and violation
of a parole condition. In the first type, conviction of a new crime by the parole will
automatically cause recommitment of the parolee. If the parole is convicted but appeals
his case in the higher court, the parole officer will submit a report of said conviction and
appeal to the Board of Parole which will decide, after due investigation, on recommitting
the parolee or not. If it is violation of parole condition only, the Board of Parole shall
conduct an investigation, giving careful consideration on whether the act was willful,
whether the safety of the public is involved, and whether other disciplinary action than
recommitment to prison might be sufficient.
 Parole Boards are authorized to issue warrants for the arrest of alleged parole
violators or to issue notices to appear to answer charges where arrest is not necessary.
Parole officers are authorized to arrest or cause the arrest without a warrant where
immediate action is necessary against the violator or one who is in danger of becoming
a violator. The parole officer should submit a written report of the violation to the parole
board. Releases from the jail of alleged violators should be on order of the parole board
only.

Ordinarily, a detainer or warrant against a prisoner does not disqualify him from
parole. The prisoner may be given parole subject to the action taken on the detainer.

Discharge from Parole

The duration of parole supervision does not extend beyond the expiration date of
the parolee’s sentence. Parole conditions and other aspects of parole supervision
should be relaxed as the parolee no longer requires the restriction on his behavior. At
the expiration of the maximum sentence, the parole board should issue a certificate of
final discharge. The same certificate may be issued even before the expiration of the
maximum sentence should the board, after reviewing the case, is satisfied that parole
has served its purpose.

The certificate of discharge from parole has the effect of restoring all civil rights
lost by operation of law. This is not, however, true in the Philippines. It needs an
executive clemency in the form of absolute pardon to restore said rights.

THE ROLE OF COMMUNITY AND VOLUNTARY AGENCIES IN CORRECTIONAL

WORK

Correctional programs are more and more recognized as the responsibility of the
total community. It is a well-known fact that a correctional program, no matter how well
developed, cannot succeed without the support of the general public. It is essential that
probation, the institution, and parole should enlist the cooperation of community
agencies, voluntary societies, citizens groups and the community in general in order to
 succeed in their mission of placing the offender back to society as a normal social
being.

Correctional agencies are not adequately financed to render further services to

the offender outside of their organizational jurisdiction. This is where community and
voluntary agencies come into the picture.

Community Agencies – A community agency is usually a formal group or

association organized to promote social or individual welfare. Most community agencies
are identified with social work. Others are concerned with labor, education, ethnic
groups and the like. These agencies may be financed from public, private or mixed
funds.

Some of the community agencies closely related to corrections are the following:

1. Social Service Exchange – Prisons, probation and parole agencies may conveniently
avail of the services of social service agencies by referring to them problems of inmate
or parolee’s dependents.
2. Department Public Welfare – Correctional agencies can secure information on various
possible aids for prisoner’s parolees, or probationers’ dependents, including old age
assistance and aid for dependent children.
3. Family Service Agencies – Offenders who have family relationships problems may be
referred to family service agencies in order to preserve and restore harmonious family
relationships and to prevent conditions, which would disrupt family life.
4. Mental Hygiene and Mental Health Clinics – These clinics may provide psychiatric
services to prisoner’s families, parolees, probationers and their families.
5. Philippine Red Cross – The Red Cross provides home services, disaster relief, blood
program, eye program and other relief.
6. Anti-Tuberculosis Society – It provides limited patient services, chest x-ray program,
education, and referral services.
7. City and Provincial Health Departments and Hospitals – Correctional workers may
avail or he services of these medical facilities for prisoner’s families, probationer’s and
parolees as well their dependants.
8. Colleges and Universities – Colleges and universities are a potent agency for molding
public opinion through their courses in criminology and penology. They offer in-service
training courses for correctional workers. Prison, parole and probation offer a valuable
research setting for advanced students in sociology, psychology, criminology, social
work and other behavioral and social sciences.

Voluntary Agencies – Voluntary agencies have played an important and

significant role in the development of modern correctional concepts and practices.
Voluntary prison societies or associations have worked effectively and harmoniously
with correctional agencies throughout the development of the correctional system in the
United States.

The main function of the early volunteer organizations in the correctional field
was the investigation and reform of noxious prison conditions. The Pennsylvania Prison
Society, which was founded in 1707, was mainly organized to “alleviate miseries of the
public prisons.” The Prison Association of New York founded in 1844 was definitely
organized to extend relief to discharged prisoners.

The development of new techniques and new understanding of the needs of the
offenders during the last few years had changed and modified the functions of
prisoner’s aid associations. In the last few decades, as social casework methods have
been developed and refined, emphasis on prisoner’s aid have shifted to helping the
individual prisoner gain insight into his difficulties and developing strength within himself
in order that he may become a law-abiding and useful citizen. As a result, the number of
privately operated prisoners aid societies has decreased. Among the few organizations
that have remained active in this type of work are the John Howard Societies in the
Unite States, Canada, and come European countries, and the Elizabeth fry societies in
Canada. The International Aid Association, which is an affiliate of the American
Correctional Association, serves the important function of a coordinating agency and
provides services useful to existing and proposed agencies.

In the Philippines a few volunteer agencies that are working in prisons and jails
are the religious groups with religious motivators. A few years ago, civic-minded citizens
interested to help the families of prisoners as well as ex-prisoners launched Friendship
Incorporated. This association gets its funds from private donations and contributions.
The Philippines Charity Sweepstakes allots one sweepstake draw a year to supplement
the funds of the association. Services so far rendered by this association have been
 limited to finding jobs for the few ex-prisoners, and providing limited financial aid to ex-
prisoners getting started in life.

Voluntary agencies rendering services in the correctional field are very effective
as public information media. Correctional agencies have very limited resources for
disseminating to the public whatever gains they have accomplished toward the
improvement of correctional methods. Volunteer agencies contribute in public
information and information programs as well as help mobilize public opinion toward
improved correctional methods. Private aid agencies provide leadership and work with
welfare and social agency councils, universities, schools of social work and other
professional societies. They conduct public information programs through the
assignment of speakers, preparation of radio and television programs.

Sponsorship of various projects in cooperation with the jails and prisons. Some of
the services that prisoners’ aid societies render are the following:

1. Free legal services – Defendants who cannot afford to hire a lawyer may be given free
legal services through prisoner’s aid societies.
2. Casework treatment services may be rendered in the form of unemployment service.
Vocational counseling, temporary lodging, meals, and purchase of tools.
3. Visitation service – Some agencies visits jails and prisons to discuss personal
problems with prisoners desiring their help, referring suitable cases to the legal aid
society for free legal assistance, and working in close cooperation with the institutional
authorities.
4. Pre-release preparations – Some agencies have developed and offered pre-release
information programs for prisoners about to leave prison.
5. Voluntary prisoner’s aid societies serve valuable functions in the development of
community understanding of the needs of the prisoner and ex-prisoner.
6. Legislation – Private voluntary agencies have been instrumental in stimulating and in
the passage of legislations to establish more adequate correctional institutions and
facilities.
7. Correctional agency referrals – Individual counseling and casework services are
made available to the prisoner and his family from time to arrest to the time of release
from legal control. Correctional programs are more recognized as the responsibility of
the total community. The prisoners’ aid agency provides a workable and convenient
channel for inter-agency communications and referrals.
 ASSESSMENT NO.8

Instruction.

Read and comprehend the following questions and explain each with minimum of 50
words. Use the corresponding answer sheet attached at the back of your module.

1. Explain the importance of classification of inmates and how it affects the implementation
of rules and regulations in the facility.
2. There had been various issues arises on the prison control operations and activities on
some prison facilities in the Philippines. What are your insights in connection with
issues? Defend your answer.

3. Explain the diversification of institution within the correctional system as advantage to

the prison personnel and inmates.

LAWS GOVERNING THE CORRECTION OF CRIMINALS

Important Features of the Revised Administrative Code of the Philippines

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

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

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

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

 Sec. 1709 Iwahig Penal Colony – In the Iwahig Reservation, in the Province of Palawan,
there shall be maintained an institution subsidiary to the main prison, to be known as
the Iwahig Penal Colony. In this colony shall be kept such prisoners as may be
transferred thereto from the main prisons in accordance with the regulations to be
prescribed The Director of Prisons, with the approval of the Department Head, shall
establish and maintain a general store for the sale of merchandise which may be
required by the residents of the settlement, and for their own profit. Colony produce may
be sold to others than residents of the settlement should there be more to be disposed
of than is required for the use of the colony and Sec. 1710 Superintendent of the colony
– Justice of the Peace. The Iwahig Penal Colony shall be under the immediate
supervision of a superintendent, who shall be an “exofficio” justice of the peace and
shall, within the limits of the colony, have jurisdiction and all powers conferred upon
justices of the peace by the laws of the Philippines. (No longer applicable)

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

 Sec. 1712 Fishing rights in water adjacent to colony – The fishing right in the waters of
the bay along the shore line of the eastern boundary of the Iwahig Penal Colony, Island
of Palwan, for distance seaward of one and one quarter statute miles are reserved for
 the exclusive use of the government, for the subsistence and maintenance of the
colonist, the prison officials and their families in said colony, and such pardoned or
release colonist as may continue to reside therein.

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

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

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

 Sec. 1716 Participation of colonists in proceeds of products – Products grown,

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

 Sec. 1717 Monthly allowance in cash – Colonists occupying positions of special trust
may, with the approval of the Department Head, be granted a monthly allowance in
cash, not exceed five pesos, or an equivalent amount of supplies from the general
store, to repaid for from the regular appropriation for contingent expenses of the Iwahig
Penal Colony.
 Sec. 1718 Right of released colonists to remain in colony – On the expiration of the
sentence of any colonists he may, subject to the regulation, be allowed to continue to
reside upon the reservation and to cultivate land occupy a house to be designated and
selected by the superintendent of the colony.

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

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

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

 Sec. 1724 Regulations of Bureau of Prisons – The regulations of the Bureau of Prisons
shall contain such rules as well best promote discipline in all national and provincial
prisons and penal institutions and best secure the reformation and safe custody of
prisoners of all classes.
 Sec. 1725 Duty of prison authorities to enforce sanitary orders of Director of Health –
The Officers in charge of all prisons, penal settlements, jails and other places of
confinement shall comply and cause to be executed all sanitary orders, and put into
force all sanitary regulations issued by the Director of Health for their several
institutions.

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

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

 Sec. 1728 Assignment of women to work – Convicted female prisoners may be

assigned to work suitable to their age, sex, and physical condition.

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

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

 Sec. 1731 Provincial governor as keeper of jail – The governor of the province shall be
charged with the keeping of the provincial jail and it shall be his duty to administer the
same in accordance with law and the regulations prescribed for the government of
provincial prisons. The immediate custody and supervision of the jail may be committed
to the care of a jailer to be appointed by the provincial governor. The position of jailer
shall be regarded as within the unclassified civil service but may be filled in the manner
in which classified positions are filled, and if so filled, the appointee shall be entitled to
all the benefits and privileges of classified employee, except that he shall hold office
only during the term of office of jailer is appointing governor and until a successor in the
office of jailers is appointed and qualified, unless sooner separated. The provincial
governor shall, under the direction of the provincial board and at the expense of the
province, supply proper food and clothing for the prisoners, through the provincial board
may, in its discretion, let the contract for the feeding of the prisoners, to some other
person.

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

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

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

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

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

 Sec. 1736 Preservation of documents relating to confinement of prisoners – All warrants

and documents of any kind, or attested copies thereof, by which a prisoner is committed
or liberated, shall be regularly indorsed, filed and kept in a suitable box by such
governor or by his deputy acting as a jailer, and such box, with its contents, shall be
delivered to the successor of the officer having charged of the prisoner.

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

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

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

 Sec. 1739 Persons deemed to be municipal prisoners – The following persons are to be
considered municipal prisoners:
 Persons detained or sentenced for violation of municipal or city ordinances.
 Persons detained pending trial before justices of peace or before municipal courts.
 Persons detained by order of a justice of the peace or judge of municipal court pending
preliminary investigation of the crime charged, until the court shall remand them to the
Court of First Instance.

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

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

 Sec 1742. Confinement of Provincial prisoners in municipal jails - When the sentence of
the provincial prisoner does not exceed three months, the provincial board may
authorize his confinement during such period in a municipal jail if in the judgment of said
board the public interest will be sub serve thereby. Provincial boards, may, also, with
the approval of the Secretary of the Interior, direct the confinement of persons detained
pending preliminary investigation before a judge of the Court of First Instance in the jail
 of the municipality where such investigation or trial is to be held, if no provincial jail be
located therein.

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

 Sec. 1744 Expense of maintenance - Except as otherwise specifically provided the

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

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

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

 Sec. 1747 Transportation expenses payable by municipality - All actual and necessary
expenses incurred in the transportation and guarding the subsistence of prisoners
during transportation, from municipal jails, except the expenses of the Constabulary
escorts, if any, shall be paid from the funds of the proper municipality.
 Sec. 1748 Transportation expenses payable by province - All actual and necessary
expenses incurred in the transportation, and guarding the subsistence during
transportation, of national prisoners from provincial jails to a National Prison,
reformatory, or national penal institution, except the expenses of the Constabulary
escort, if any there be, shall be borne by the proper province.

 Sec. 1749 Return transportation to be borne by Bureau of Prisons - The return

transportation of all discharged national prisoners from their place of confinement to
their homes shall be paid out of the appropriation for the Beau of Prisons, except as
otherwise specially provided.

 Sec. 1750 Transfer of prisoners from provincial or municipal jail to national prison or
vice-versa - When, in the discretion of the President of the Philippines, the unsanitary or
insecure condition of any provincial or municipal jail makes it advisable or when the
public interests require, he may transfer to any national prison or penal institution all or
any of the prisoners committed to such jail, and may also direct the return of said
prisoners to provincial or municipal jails when deemed expedient. The President of the
Philippines may also, whenever in his opinion it will be to the best interest of the
province or municipality concerned, authorize the confinement of any prisoner
sentenced to less than three months imprisonment, including subsidiary imprisonment,
in the jail of the municipality wherein the prisoner may have been convicted. The order
of commitment of such prisoners, together with a copy of the order directing their
transfer, shall accompany the prisoners and be delivered with them to the officer in
charge of the penal institution to which they are sent. The expenses of the
transportation, guarding, subsistence, care, and maintenance of any prisoner
transferred to any national prison or penal institution, or returned to any province for trial
or for appearance as a witness or otherwise hereunder shall be a charged against the
treasury of the province from which he was transferred; and the amount of said
expenses shall be fixed by the Department Head, with the approval of the President of
the Philippines.

 Sec. 1751 Transportation and clothes for released prisoners - Upon the release of a
national prisoner he shall be supplied by the Bureau of Prisons with transportation to his
home, including a gratuity to cover the probable cost of subsistence enroute, and if
necessary, a suit of clothes of the value of not more than ten pesos, or in case the
prisoner is deported, of not more than forty pesos.
 Important Features of Presidential Decree No. 968

 Section 1. Title and Scope of the Decree. — This Decree shall be known as the
Probation Law of 1976. It shall apply to all offenders except those entitled to the benefits
under the provisions of Presidential Decree numbered Six Hundred and three and
similar laws.

 Sec. 2. Purpose. — This Decree shall be interpreted so as to 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; and. (c) prevent the commission of offenses.

 Sec.  3. Meaning of Terms. — As used in this Decree, the following shall, unless the
context otherwise requires, be construed thus:

(a) "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
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a referral for probation or
supervises a probationer or both.

 Sec.  4. Grant of Probation. — Subject to the provisions of this Decree, the court may,
after it shall have convicted and sentenced a defendant and upon application at any
time of said defendant, suspend the execution of said sentence and place the defendant
on probation for such period and upon such terms and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment or a
fine only. An application for probation shall be filed with the trial court, with notice to the
appellate court if an appeal has been taken from the sentence of conviction. The filing of
the application shall be deemed a waver of the right to appeal, or the automatic
withdrawal of a pending appeal. An order granting or denying probation shall not be
appealable.

 Sec.  5. Post-sentence Investigation. — 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.

 Sec.  6. Form of Investigation Report. — The investigation report to be submitted by the

probation officer under Section 5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.

 Sec.  7. Period for Submission of Investigation Report. — The probation officer shall
submit to the court the investigation report on a defendant not later than sixty days from
receipt of the order of said court to conduct the investigation. The court shall resolve the
petition for probation not later than five days after receipt of said report. Pending
submission of the investigation report and the resolution of the petition, the defendant
may be allowed on temporary liberty under his bail filed in the criminal case; Provided,
That, in case where no bail was filed or that the defendant is incapable of filing one, the
court may allow the release of the defendant on recognize to the custody of a
responsible member of the community who shall guarantee his appearance whenever
required by the court.

 Sec.  8. Criteria for Placing an Offender on Probation. — In determining whether an

offender may be placed on probation, the court shall consider all information relative, to
the character, antecedents, environment, mental and physical condition of the offender,
and available institutional and community resources. Probation shall be denied if the
court finds that:
 the offender is in need of correctional treatment that can be provided most effectively by
his commitment to an institution; or
 there is undue risk that during the period of probation the offender will commit another
crime; or.
 probation will depreciate the seriousness of the offense committed.

 Sec.  9. Disqualified Offenders. — The benefits of this Decree shall not be extended to
those: 
 sentenced to serve a maximum term of imprisonment of more than six years;
 convicted of any offense against the security of the State;
 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;
 who have been once on probation under the provisions of this Decree; and
 who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.

 Sec.  10. Conditions of Probation. — Every probation order issued by the court shall
contain conditions requiring that the probationer shall:
 present himself to the probation officer designated to undertake his supervision at such
place as may be specified in the order within seventy-two hours from receipt of said
order;.
 report to the probation officer at least once a month at such time and place as specified
by said officer.
 The court may also require the probationer to:
 cooperate with a program of supervision;
 meet his family responsibilities;
 devote himself to a specific employment and not to change said employment without the
prior written approval of the probation officer;
 undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for that purpose;.
 pursue a prescribed secular study or vocational training;
 attend or reside in a facility established for instruction, recreation or residence of
persons on probation;

 refrain from visiting houses of ill-repute;

 abstain from drinking intoxicating beverages to excess;
 permit the probation officer or an authorized social worker to visit his home and place of
work;
 reside at premises approved by it and not to change his residence without its prior
written approval; or
 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.

 Sec.  11. Effectivity 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 imposed for
the offense under which he was placed on probation.
 Sec.  12. Modification of Condition 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 or period of probation. The court shall notify either the probationer
or the probation officer of the filing of such an application so as to give both parties an
opportunity to be heard thereon. The court shall inform in writing the probation officer
and the probationer of any change in the period or conditions of probation.

 Sec.  13. Controls and Supervision of Probationer. — The probationer and his probation
program shall be under the control of the court that placed him on probation subject to
actual supervision and visitation by a probation officer. Whenever a probationer is
permitted to reside in a place under the jurisdiction of another court, control over him
shall be transferred to the Executive Judge of the Court of First Instance of that place,
and in such a case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge. Thereafter, the Executive
Judge to whom jurisdiction over the probationer is transferred shall have the power with
respect to him that was previously possessed by the court, which granted the probation.

 Sec.  14. Period of Probation.

 The period of probation of a defendant sentenced to a term of imprisonment of not more
than one year shall not exceed two years, and in all other cases, said period shall not
exceed six years.
 When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to
be more than twice the total number of days of subsidiary imprisonment as computed at
the rate established, in Article thirty-nine of the Revised Penal Code, as amended.
 Sec.  15. Arrest of Probationer; Subsequent Disposition. — At any time during
probation, the court may issue a warrant for the arrest of a probationer for violation of
any of the conditions of probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing, which may be informal and
summary, of the violation charged. The defendant may be admitted to bail pending such
hearing. In such a case, the provisions regarding release on bail of persons charged
with a crime shall be applicable to probationers arrested under this provision. If the
violation is established, the court may revoke or continue his probation and modify the
conditions thereof. If revoked, the court shall order the probationer to serve the
sentence originally imposed. An order revoking the grant of probation or modifying the
terms and conditions thereof shall not be appealable.
 Sec.  16. Termination of Probation. — After the period of probation and upon
consideration of the report and recommendation of the probation 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. The final
discharge of the probationer shall operate to restore to him all civil rights lost or suspend
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. The probationer and the probation officer
shall each be furnished with a copy of such order.

 Sec.  17. Confidentiality of Records. — The investigation report and the supervision

history of a probationer obtained under this Decree shall be privileged and shall not be
disclosed directly or indirectly to anyone other than the Probation Administration or the
court concerned, except that the court, in its discretion, may permit the probationer of
his attorney to inspect the aforementioned documents or parts thereof whenever the
best interest of the probationer makes such disclosure desirable or helpful: Provided,
Further, That, any government office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration.

 Sec.  18. The Probation Administration. — There is hereby created under the

Department of Justice an agency to be known as the Probation Administration herein
referred to as the Administration, which shall exercise general supervision over all
probationers. The Administration shall have such staff, operating units and personnel as
may be necessary for the proper execution of its functions.

 Sec.  19. Probation Administration. — The Administration shall be headed by the

Probation Administrator, hereinafter referred to as the Administrator, who shall be
appointed by the President of the Philippines. He shall hold office during good behavior
and shall not be removed except for cause. The Administrator shall receive an annual
salary of at least forty thousand pesos. His powers and duties shall be to:
 act as the executive officer of the Administration;
 exercise supervision and control over all probation officers;
 make annual reports to the Secretary of Justice, in such form as the latter may
prescribe, concerning the operation, administration and improvement of the probation
system;
 promulgate, subject to the approval of the Secretary of Justice, the necessary rules
relative to the methods and procedures of the probation process;
 recommend to the Secretary of Justice the appointment of the subordinate personnel of
his Administration and other offices established in this Decree; and
 generally, perform such duties and exercise such powers as may be necessary or
incidental to achieve the objectives of this Decree.

 Sec.  20. Assistant Probation Administrator. — There shall be an Assistant Probation

Administrator who shall assist the Administrator performs such duties as may be
assigned to him by the latter and as may be provided by law. In the absence of the
Administrator, he shall act as head of the Administration. He shall be appointed by the
President of the Philippines and shall receive an annual salary of at least thirty-six
thousand pesos.

 Sec.  21. Qualifications of the Administrator and Assistant Probation Administrator. —

To be eligible for Appointment as Administrator or Assistant Probation Administrator, a
person must be at least thirty-five years of age, holder of a master's degree or its
equivalent in either criminology, social work, corrections, penology, psychology,
sociology, public administration, law, police science, police administration, or related
fields, and should have at least five years of supervisory experience, or be a member of
the Philippine Bar with at least seven years of supervisory experience.

 Sec.  22. Regional Offices; Regional Probation Officer. — The Administration shall have
regional offices organized in accordance with the field service area patterns established
under the Integrated Reorganization Plan. Such regional offices shall be headed by a
Regional Probation Officer who shall be appointed by President of the Philippines in
accordance with the Integrated Reorganization Plan and upon the recommendation of
the Secretary of Justice. The Regional Probation Officer shall exercise supervision and
control over all probation officers within his jurisdiction and such duties as may be
assigned to him by the Administrator. He shall have an annual salary of at least twenty-
four thousand pesos. He shall, whenever necessary, be assisted by an Assistant
Regional Probation Officer who shall also be appointed by the President of the
Philippines, upon recommendation of the Secretary of Justice, with an annual salary of
at least twenty thousand pesos.

 Sec.  23. Provincial and City Probation Officers. — There shall 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 civil service law and
 rules. The Provincial or City Probation Officer shall receive an annual salary of at least
eighteen thousand four hundred pesos. His duties shall be to:
 investigate all persons referred to him for investigation by the proper court or the
Administrator;
 instruct all probationers under his supervision or that of the probation aide on the terms
and conditions of their probations;
 keep himself informed of the conduct and condition of probationers under his charge
and use all suitable methods to bring about an improvement in their conduct and
conditions;
 maintain a detailed record of his work and submit such written reports as may be
required by the Administration or the court having jurisdiction over the probationer under
his supervision;
 prepare a list of qualified residents of the province or city where he is assigned who are
willing to act as probation aides;
 supervise the training of probation aides and oversee the latter's supervision of
probationers;
 exercise supervision and control over all field assistants, probation aides and other
personnel; and
 perform such duties as may be assigned by the court or the Administration.

 Sec.  24. Miscellaneous Powers of Provincial and City Probation Officers. — Provincial

or City Probation Officers shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgments 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.

 Sec.  25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation

Officers. — No person shall be appointed Regional or Assistant Regional or Provincial
or City Probation Officer unless he possesses at least a bachelor's degree with a major
in social work, sociology, psychology, criminology, penology, corrections, police
science, police administration, or related fields and has at least three years of
experience in work requiring any of the abovementioned disciplines, or is a member of
the Philippine Bar with at least three years of supervisory experience. Whenever
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.
 Sec.  26. Organization. — Within twelve months from the approval of this Decree, the
Secretary of Justice shall organize the administrative structure of the Administration and
the other agencies created herein. During said period, he shall also determine the
staffing patterns of the regional, provincial and city probation offices with the end in view
of achieving maximum efficiency and economy in the operations of the probation
system.
 Sec.  27. Field Assistants, Subordinate Personnel. — Provincial or City Probation
Officers shall be assisted by such field assistants and subordinate personnel as may be
necessary to enable them to carry out their duties effectively.

 Sec.  28. Probation Aides. — To assist the Provincial or City Probation Officers in the
supervision of probationers, the Probation Administrator may appoint citizens of good
repute and probity to act as probation aides. Probation Aides shall not receive any
regular compensation for services except for reasonable travel allowance. They shall
hold office for such period as may be determined by the Probation Administrator. Their
qualifications and maximum caseloads shall be provided in the rules promulgated
pursuant to this Decree.

 Sec.  29. Violation of Confidential Nature of Probation Records. — The penalty of

imprisonment ranging from six months and one day to six years and a fine ranging from
six hundred to six thousand pesos shall be imposed upon any person who violates
Section 17 hereof.
 ASSESSMENT NO.9

Instruction.

Read and comprehend the following questions and explain each with minimum of 50
words. Use the corresponding answer sheet attached at the back of your module.

1. Explain the essential improvements and significant difference engendered by the new
laws benefited by the inmates.
2. Give at least 3 recommendations to the correctional system in the Philippines.
3. Differentiate Bureau of Corrections to Bureau of Jail Management and Penology.
 Philippine Correctional Philosophies and their Legal Basis

The Philippine Constitution of 1997

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

Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)

1. The purpose of committing a prisoner to prison is two-fold: To segregate from

society a person who by his acts has proven himself a danger to the free community, To
strive at the correction or rehabilitation of the prisoner with the hope that upon his return
to society he shall be able to lead a normal well adjusted and self supporting life as a
good and law abiding citizen.

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

The Revised Penal Code

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

Delay in the Delivery of Detained Persons to the Proper Judicial

Authorities.

(Art 125, RPC), A felony committed by a public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the
proper judicial authorities with in the period of:

12 hours – for crimes or offenses punishable by light penalties,

18 hours – for crimes or offenses punishable by correctional penalties,

36 hours – for crimes or offenses punishable by afflictive or capital penalties.

The crime of Arbitrary Detention is committed when the detention of a person is

without legal ground.

The legal ground of detention are : a) commission of a crime and b) violent

insanity or other ailment requiring compulsory requirement.

Delaying Release

This is committed by a public officer or employee who delays for the period of
time specified in Art 125, the performance of any judicial or executive order for the
release of a prisoner or unduly delays the services of the notice of such order to said
prisoner.
 Delivery of Prisoners from Jail (Art. 156, RPC)

Elements:

a) The offender is a private individual,

b) He removes a person confined in jail or a penal institution or helps in the escape of

such person,

c) The means employed are violence, intimidation, bribery or any other means.

The prisoner maybe a detention or sentenced prisoner and the offender is an

outsider to the jail. If the offender is a public officer or a private person who has the
custody of the prisoner and who helps a prisoner under his custody to escape, the
felony is Conniving with or Consenting to Evasion (Art. 223) and Escape of a Prisoner
under the custody of a person not a public officer (Art. 225) respectively.

This offense like other offenses of similar nature may be committed through
imprudence or negligence.

Evasion of Service of Sentence (Art 157-159, RPC)

1. Evasion of Service under Art 157, RPC

Elements:

a) Offender is a prisoner-serving sentence involving deprivation of liberty by reason of final

judgment.
b) He evades the service of his sentence during the term of his imprisonment.

This felony is qualified when the evasion takes place by breaking doors,
windows, gates, roofs or floors; using picklocks, false keys, disguise, deceit, violence,
intimidation or; connivance with other convicts or employees of the penal institution.
(Jail breaking is synonymous with evasion of sentence).
 2. Evasion of Service of Sentence on the Occasion of Disorders due to
Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC)

Elements:

a) Offender is a prisoner serving sentence and is confined in a penal institution.

b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to conflagration, earthquake, explosion,
or similar catastrophe or mutiny in which he has not participated, and
d) He fails to give himself up to the authorities with in 48 hours following the issuance of a
proclamation by the Chief Executive regarding the passing away of the calamity.

A special time allowance for loyalty shall be granted. A deduction of one-fifth of

the period of the sentence of any prisoner who evaded the service of sentence under
the circumstances mentioned above. The purpose of the law in granting a deduction of
one-fifth (1/5) of the period of sentence is to reward the convict’s manifest intent of
paying his debts to society by returning to prison after the passing away of the calamity.

Whenever lawfully justified, the Director of Prisons (Bureau of Corrections) shall

grant allowance for good conduct and such allowances once granted shall not be
revoked.

3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)

The violation of any conditions imposed to a Conditional Pardon is a case of

evasion of service of sentence.

The effect of this is, the convict may suffer the unexpired portion of his original
sentence
 Infidelity of Public Officers

1. Infidelity in the Custody of Prisoners Through Connivance (Art.223, RPC) - A felony

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

Other Offenses or Irregularities by Public Officers

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

Elements:

a) Offender is a public officer or employee

b) He overdoes himself in the correction or handling of such prisoner by imposition of
punishment not authorized by regulation or by inflicting such punishment in a cruel and
humiliating manner.

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

Good Conduct Time Allowance (GCTA)

 Good conduct time allowance is a privilege granted to a prisoner that shall entitle
him to a deduction of his term of imprisonment. Under Art.97, RPC, the good conduct of
any prisoner in any penal institution shall entitle him to the following deduction from the
period of his sentence:

1. During the first two years of his imprisonment, he shall be allowed a deduction of 5 days
for each month of good behavior.
2. During the third to the fifth years of his imprisonment, he shall be allowed a deduction of
8 days each month of good behavior.
3. During the following years until the tenth years of his imprisonment, he shall be allowed
a deduction of 10 days each month of good behavior.
4. During the eleventh and the successive years of his imprisonment, he shall be allowed
a deduction of 15 days each month of good behavior.

APPROACHES IN CORRECTION ADMINISTRATION

 Any of the approaches or models of prison management that will be presented
under this part serves as additional information on the need to manage those who are
considered outcast of society, the prisoners.

Just as justifications for the criminal sanction have influenced sentencing

decisions, correctional models have been developed to describe the purposes and
approaches to be used in handling prisoners. Although models may provide a set of
rationally linked criteria and aims, the extent to which a given model is implemented is a
matter for empirical investigation.

Researchers have revealed a variety of prison management styles. Dr. George

Beto for example adopted a Control Model of prison management, which emphasizes
prisoner obedience, work and education (Sahara, 1988). Others have exemplified the
Responsibility Model of prison management that stresses prisoners’ responsibility for
their own actions, not administrative control to assure prescribed behavior. Proper
classification of inmates, according to this model, permits placing prisoners in the least
restrictive prison consistent with security, safety, and humane confinement. Prisoners
should be given a significant degree of freedom and then held to account for their
actions (Sahara,1988).

Other models of prison management have been prominent in the last four
decades. One is the Custodial Model, based on the assumption that prisoners have
been incarcerated for the protection of society and for the purpose of incapacitation,
deterrence and retribution. It emphasizes maintenance and security and order through
the subordination of the prisoner to the authority of the warden. Discipline is strictly
applied and most aspect of behavior is regulated.

With the onset of the treatment orientation in corrections during the 1950’s, the
Rehabilitation Model of institutional organization and prison management were
developed. In prisons of this sort, security and house-keeping activities are viewed
primarily as a framework for rehabilitative efforts. Professional treatment specialist
enjoys a higher status than other employees, in accordance with the idea that all aspect
of prison management should be directed towards rehabilitation. During the past
decade, with the rethinking of the goal of rehabilitation, the number of institution geared
toward that end has declined. Treatment programs still do exist in most institutions, but
very few prisons can be said to conform under this model.
 The Reintegration Model is linked to the structures and goals of community
corrections but has direct impact on prison operations. Although an offender is confined
in prison, that experience is pointed toward reintegration into society. This kind of
treatment gradually give inmates greater freedom and responsibility during their
confinement and move them into a halfway house, work release programs, or
community correctional center before releasing them to supervision. Consistent with the
perspective of community corrections, this model is based on the assumption that it is
important for the offender to maintain or develop ties with the free society. The entire
focus of this approach is on the resumption of a normal life (Clear and Cole, 1986).

The effects of these management philosophies, on the basis of existing research,

appear positive (Sahara, 1988). However, defects cannot be put aside. Many still
believe that prisons are supposed to both punish and rehabilitate prisoners to normal
daily life and to protect the society and other inmates from assaultive, escape-prone
prisoners. This conflicting goal leads to prison administrators offending vocal interest
groups. Measures taken to assure security or to punish prisoners inevitably generate
criticism from those who are committed to rehabilitation. Actions taken to encourage
prisoners rehabilitation anger line officers, who have the direct responsibility of
maintaining prison security, and the large segment of the public that believe prisons
exist to punish offenders (Sahara, 1988).

The concept of a Total Institution developed by Erving Goffman, has influenced

much research on prisons. He stated that “the prison, like other total institution, is a
place of residence and work where a large number of like-situated individuals, cut off
from the wider society for an appreciable period of time, together lead an enclosed,
formally administered round of life”. A total institution is one that completely
encapsulates the lives of the people who work and live there. A prison must be such an
institution in the sense that whatever prisoners do or do not do begins and ends there;
every minute behind bars must be lived in accordance with the rules as enforced by the
staff. Adding to the totality of the prison is a basic split between the large group of
inmates. Those who have very limited contact with the outside world and the small
group of staff members who supervise the inmates and yet are socially integrated with
the outside world they live (Clear and Cole, 1986). This concept of inmate treatment
probably an influence of the broad goals of incarceration. When we look at a prison, it is
natural to believe that retribution, incapacitation and deterrence are the goals being
advanced, but one also know that the most sought after goal is the rehabilitation of
offender.
 In the late 18th Century, America employed penitentiary as a means of protecting
prisoners from moral contamination and restoring them to habits of correct living
(Johnson, 1987). This is considered as the birth of a modern prison for purposes of the
prisoner’s reformation by protecting health and improving character. In the context of
corporal punishment, it seemed primitive and barbaric but these punishments were the
vestiges of the Old World (Johnson, 1987). In the New World, by contrast, it was self-
evident that a criminal was not a preordained sinner. His fate was not sealed by the
Almighty. He was instead a product of the society. While a prisoner/sinner deserved
punishment for his crimes, he also deserved to be reclaimed by and for the society
(Johnson, 1987). The penitentiary, the first prison systematically designed to harness
pain in service of the reformation of men, thus embodied a glorious reform dream,
providing a new prison for a New World (Clear and Cole, 1986). It is further essential to
note that the reformers or legislators who supported the penitentiary did so with one firm
criterion and that, the punishment is humane and not replicate the brutal punishment of
the past (Clear and Cole, 1986). The penitentiary model of reformation applies two
systems namely, the separate and the congregate. The separate system used
solitary confinement and manual labor in which the prisoners were kept separate from
one another as well as from the outside world. The congregate system is one in which
the prisoners slept in solitary cells, worked together but complete silence is observed.
They are united but no moral connection exists among them. They see without knowing
each other. They are in a society without mental intercourse because there was no
communication and hence no interaction (Clear and Cole, 1986).

The penitentiary was in practice, a custodial institution. It demanded absolute

obedience from criminals who have never learned to respect limits, follow rules, or put
in an honest day’s work and who, moreover, were the filthy elements of the society.

Despite the theoretical emphasis on reform and the widespread use of the
terminology of rehabilitation, the actual experience of imprisonment for most persons
who are imprisoned in this century has been simply punitive. From the mid-60s to the
present, a new prison type has emerged which is defined by the climate of violence and
predation on the part of the prisoners. Known simply as the “violent prison”, it has been
aptly described as a “human warehouse with a jungle like underground” (Johnson,
1987).
 In the management of prisons, one recognizes that the pain suffered by the
prisoners can create more prison management problems rather than solve them. When
prisoners feel pain, prisons become hard to operate. According to Johnson (1987), in
principle, it is possible to escalate pain and break the will of the prisoners and to resort
into outright brutality and to run the prison on raw fear. He also stated that prisons are
meant to push and deter two goals that require pain and discomfort even to the extent
that conditions in jail are restrictive and even harsh. They are part of the penalty that the
criminal offender must pay for his offenses against society. The constitution does not
even mandate comfortable prisons so indeed prisons cannot be free from discomfort
because by their very nature, always will be painful.

In the modern prisons, from the nineteenth century penitentiary to today’s prison
system, administrators are deceptive on this score, preaching treatment but practicing
punishment (Johnson, 1987). The New York’s famous Elmira Reformatory, for example,
is often described as the original model from which progressive penology evolved. It
was praised as a humanitarian “hospital” or “college on the hill”, but pain as a
fundamental fact of prison life was not acknowledged as an Elmira’s
ingredients .Although the system developed a new, liberating reformatory and produced
a kind of scientific penitentiary, the system attributed largely on the result of fear
(Johnson, 1987).

The brutality inside prisons in today’s world reflects a failure of policy, a triumph
of convenience over conscience, and a challenge to responsible prison administrators.
If our nurturing is defective, i.e. unappreciative, inconsistent, lax, harsh and careless,
one grows up hostile and this hostility seems as much turned inward as it was turned
outward. The nurturing environments that produce this denigration of self and others are
the factors that breed criminality.

If this is what really appears to be, then when will man realize the meaning of
reformation or rehabilitation for prisoners? Does it only end in wishful thinking?

Blumstein list five possible approaches that prison administrators may take to
deal with the prison crisis. Each approach has economic, social and political costs, and
each entails a different amount of time for implementation and impact.
 First, the proponent of the Null Strategy say that nothing should be done, that
prisons should be allowed to become increasingly congested and staff should remain to
maintain them with the assumption that the problem is temporary and will disappear in
time. This, of course, may be the most politically acceptable approach in the short run.
In the long run, however, the approach may lead to riots as prisoners take control of
their situation and staff members become demoralized. It may ultimately result in the
courts declaring the facilities unconstitutional and taking over their administration.
Philosophical opponents of incarceration may support this approach because they fear
that other strategies will only result in greater numbers of persons imprisoned.

Second, proponents of the Selective Incapacitation strategy argue that

expensive and limited prison space with the necessary number of staff to maintain them
should be used more effectively by targeting the individuals whose incarceration will do
the most to reduce crime. It shows that the incarceration of some career criminals has a
pay off in the prevention of multiple serious offenses.

Third, the Population-Reduction strategy incorporates front door and back

door strategies. Front-door strategies divert offenders to non-incarcerative sanctions,
among them, community service, restitution, fines, and probation. Some critics contend,
that even if such alternative were fully incorporated into the correctional system, they
would affect only first time, marginal offenders, as they are not appropriate for serious
criminals if crime control is a goal and has the effect of widening the net so that a
greater number of citizens come under correctional supervision. While the Back-door
strategies such as detention, parole, work release and good behavior are devised to get
offenders out of the prison before the end of their terms in order to free space for new
comers.

Fourth, the Construction Strategy of building new facilities to meet the demand
for prison space for an advantageous prison management. The approach comes to
mind when legislators and correctional officials confront the problem on prison
crowding, sanitation and prison violence to expand the size, number of facilities and
personnel.

But given contemporary financial restrictions, this strategy may not be as feasible as it
seems. Opponents of this approach of prison management believe that given the nature
of bureaucracy, prison cells will always be filled as well as the conditions in prisons has
detrimental effect of incarceration on offenders.
 Fifth, the Population-Sensitive Flow Control strategy urges the sentencing be
linked to the availability of prison space and management staff, that policies be
developed allowing the release of the prisoners when prison facilities become crowded
and staff are greatly outnumbered to manage prisoners, and that each court be allotted
a certain amount of prison space and staff members so that judges and prosecutors
make their decisions accordingly. This strategy depends on the political will to release
prisoners even in the face of public protest (Clear and Cole, 1986).

Contemporary jails serve two vital purposes: they detain accused individuals
awaiting trial and they house sentenced offenders serving short terms. Some argue that
jails are outside the boundaries of the correction enterprise while others believe that
jails are important part of corrections and that they illustrate many complexities. It is
perhaps the most frustrating component of corrections for people who want to help
persons who find themselves under supervision. Many of them need a helping hand, but
the unceasing human flow usually does not allow time for such help nor the resources
available in most instances. Many programs have been tried and alternatives to jails
were developed, but the common experience is that they come to be applied to persons
who otherwise would be sentenced to probation or those who will serve their sentences
with in the community.

In the United States, a Federal Survey (Senna and Siegel, 1987) found out that
the ratio of probation to prison population is increasing as a faster rate than the prison
population. About 1,032,000 adult offenders were put on probation in 1984, and about
904,000 finished their probationary period. Of these about 81.5 percent were
considered successful completions. The remainder, 18.5 percent, was considered
unsuccessful either because the probationer was incarcerated for a new offense or
because the probationer absconded or was in custody for another reason (Senna and
Siegel, 1987).

In the context of recidivism, the effectiveness of correctional policy can be

evaluated on the basis of whether former inmates return to life of crime. To assess the
extent of recidivism in the prison system, Lawrence Greenfeld of the Bureau of Justice
Statistics analyzed data from a national survey of prison inmates in Washington D.C.,
United States. Greenfeld found that an estimated 61 percent of those admitted to jail or
prison had previously served a sentenced of imprisonment as a juvenile, an adult, or
both. Of the 39 percent entering prison who had no prior imprisonment record, nearly 60
percent had convictions that resulted in probation and 27 percent were on probation at
the time of their offense. In all, about 85 percent of entering inmates had prior
convictions that had resulted in correctional treatment.

Another disturbing fact uncovered by Greenfeld was that 46 percent of the

returning offenders would still have been in prison had they been forced to serve the
entire term of the sentence given them at their previous trial. Many offenders had long
criminal records before they committed the offense that gained them their current
sentence. He revealed that most inmates had prior criminal records. He also said that
current correctional policy is not sufficient to deter offenders for repeating their law-
violating behavior (Clear and Cole, 1986).

Based on the aforementioned information, it seems that civilization dictates the

realization of true reformation among prisoners. Civilization means a growth in
knowledge, which in turn increases the power to prevent or reduce pain. Civilization
also means an increase in our ability to communicate with others. Growth in knowledge
engulfs those who are outside immediate environment and this extends to the circle of
people with whom one emphasizes. As a result of civilization, its progress is
characterized by a higher tolerance for one’s own pain, and that suffered by others. This
means that “the spectacle, and even the very idea of pain” must be hidden from more
and more people (Johnson, 1987). Ultimately, it must seem to disappear from
punishment itself. By this growing unwillingness to administer pain does one measure
his civilization and, “by our example, continue the work of civilizing prison
management”(Johnson, 1987).
 ASSESSMENT NO.10

Instruction.

Read and comprehend the following questions and explain each with minimum of 50
words. Use the corresponding answer sheet attached at the back of your module.

1. Discuss how preventive imprisonment can be applied under RA 10592?

2. Differentiate Good Conduct Time Allowance from Special Time Allowance for Loyalty.
3. Discuss the application of Good Conduct Time Allowance
ANSWER SHEET FOR ASSESSMENT NO.1
ANSWER SHEET FOR ASSESSMENT NO.2
ANSWER SHEET FOR ASSESSMENT NO.3
ANSWER SHEET FOR ASSESSMENT NO.4
ANSWER SHEET FOR ASSESSMENT NO.5
ANSWER SHEET FOR ASSESSMENT NO.6
ANSWER SHEET FOR ASSESSMENT NO.7
ANSWER SHEET FOR ASSESSMENT NO.8
ANSWER SHEET FOR ASSESSMENT NO.9
ANSWER SHEET FOR ASSESSMENT NO.10