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CORRECTIONS

the reformers

Dario F. Guinayen
Historical Perspective of Corrections:

13th Century Securing Sanctuary


- In the 13th century, a criminal could
avoid punishment by claiming refuge in a
church for a period of 40 days.
16th Century Transportation of criminals
in England was authorized. At the end of
this century, Russia and other European
Countries followed this system. This
practice was abandoned in 1835.
Gaols - (jails) the description given to
pretrial detention facilities operated by
English sheriff in England during the 18th
century.
Galleys long, low, narrow, single
decked ships propelled by sails,
usually rowed by criminals. A type of
ship used for transportation of
criminals in the 16th century.
Hulks these are former warships used
to house prisoners in the 18th and
19th century.
- These were abandoned warships
converted into prisons as means of
relieving congestion of prisons. They
were called as the floating hells.
Ordeal is the churchs substitute for
a trial until the 13th century wherein
guilt or innocence was determined by
the ability of the accused of being
unscathed through dangerous and
painful test.
Charlemagne (Carolus Magnus) gave
bishops the power to act as real
judges which enabled bishop tribunal
to rule on secular matters.
- King of Franks and Roman
Emperor.
EARLY CODES:

1. Babylonian and Sumerian Codes

Code of King Hammurabi


(Hammurabic Code) Babylon,
credited as the oldest code
prescribing savage punishment.
But in fact, Sumerian codes
were nearly 100 years older.
2. Roman and Greek Codes

a. Justinian Code 6th century AD,


Emperor Justinian of Rome wrote
his code of law. An effort to match
a desirable amount of punishment to
all possible crimes. However, the
law did not survive due to the fall
of the Roman Empire but left a
foundation of Western Legal codes.
The Twelve Tables (451-450 BC)
represented the earliest codification
of Roman law incorporated into the
Justinian code.

b. Greek Code of Draco Greece, a


harsh code that provides the same
punishment for both citizens and
the slaves as it incorporates
primitive concepts.
- The Greeks were the first to
allow any citizen to prosecute the
offender in the name of the
injured party.
3. The Burgundian Code (500 AD)
it specified punishment
according to the social class of
offenders, dividing them into:
Nobles, Middle class and Lower
class and specifying the value of
the life of each person
according to social status.
EARLY PRISONS

Mamertine Prison the only


early Roman place of
confinement which is built
under the main sewer of Rome
in 64 B.C.
Bridewell (1557) the most popular
workhouse in London which was built
for the employment and housing of
English prisoners.
- used for locking up vagrants,
beggars, prostitutes and other
misfits

Saint Bridgets Well Englands first


house of correction.
Walnut Street Jail originally
constructed as a detention jail in
Philadelphia. It was converted into a
state prison and became the first
American Penitentiary.
Hospicio de San Michelle the first
home for delinquent boys ever
established. Built by Pope Clement XI
in Rome for housing incorrigible
youths under 20 years of age.
The Pioneers:
1. William Penn (1614-1716)
He is the first leader to prescribe
imprisonment as correctional treatment
for major offenders.
He is also responsible for the
abolition of death penalty and torture
as a form of punishment.
He fought for religious freedom and
individual rights
2. Charles Montesquieu (Charles Louis
Secondat, Baron de la Brede et de
Montesiquieu 1689 1755)
A French historian and
philosopher who analyzed law as an
expression of justice. He believed
that harsh punishment would
undermine morality and that
appealing to moral sentiments as a
better means of preventing crime.
3. VOLTAIRE (Francois Marie Arouet, 1694-
1778)
He believes that fear of shame was a
deterrent to crime. He fought the
legality-sanctioned practice of torture.
4. Cesare Beccaria (Cesare Bonesa,
Marchese de Beccaria, 1738-1794)
- He wrote an essay entitled An Essay
on Crimes and Punishment. This book
became famous as the theoretical basis
for the great reforms in the field of
criminal law. This book also provided a
starting point for the classical school of
criminal law and criminology.
5. Jeremy Bentham (1748-1832)
the greatest leader in the reform
of English Criminal Law. He believes
that whatever punishment designed
to negate whatever pleasure or gain
the criminal derives from crime, the
crime rate would go down.
He devise the ultimate Panopticon
Prison a prison that consists of a
large circular building containing
multi cells around the periphery but
it was never built.
6. John Howard (1726-1790) the Great
Prison Reformer
The sheriff of Bedsfordshire in 1773
who devoted his life and fortune to
prison reform. After his findings on
English Prisons, he recommended the
following:
single cells for sleeping
segregation of women
segregation of youth
provision of sanitation facilities
abolition of the fee system by which
jailers obtained money from prisoner
7. Alexander Macanochie He is the
Superintendent of the penal colony
at Norfolk Island in Australia (1840)
who introduced the Mark System. A
progressive humane system in which a
prisoner is required to earn a number
of marks based on proper
department, labor and study in order
to entitle him for ticket for leave or
conditional release which is similar to
parole.
Macanochies Mark System cosnsist of
5 stages:

1. Strict custody upon admission to the


penal colony
2.Work on government gangs
3.Limited freedom on the island within
a prescribed area
4.Ticket of leave
5.Full restoration of liberty
8. Manuel Montesimos The
Director of Prisons in Valencia
Spain (1835) who divided the
number of prisoners into
companies and appointed certain
prisoners as petty officers in
charge, which allowed good
behavior to prepare the convict
for gradual release.
9. Domets of France
Established an agricultural colony
for delinquent boys in 1839
providing housefathers as in
charge of these boys.
10. Sir Evelyn Ruggles Brise The
Director of the English Prison
who opened the Borstal
institution for young offenders.

Borstal Institution is considered


as the best reform institution
for young offenders today.
11. Walter Crofton he is the
director of the Irish Prison in
1854 who introduced the Irish
system that was modifies from
the Macanochies mark system.
12. Zebulon Brockway the Director
of the Elmira Reformatory in New
York (1876) who introduced certain
innovational programs like the
following training school type,
compulsory education of prisoners,
casework methods, extensive use of
parole, indeterminate sentence.
The Elmira Reformatory considered
as the forerunner of modern
penology because it had all the
elements of a modern system.
13. Jean Jacques Philippe Villain
founded the Maison de Force in
Gent, Belgium. He introduced:

a. felons and misdemeanants


should be separated and
b. women and children must have
separate quarters
14. Fred T. Wilkinson
- the last warden of
Alcatraz Prison

15. James Bennet director of


Federal Bureau of Prisons who
wrote about the closing of
Alcatraz Prison.
Alcatraz Prison
- opened in 1934, closed on
March 31, 1963 but it was costly
on operation. When it closed, it
has 260 inmates.
- now, a tourist destination in
New York.
Australia the place which was a
penal colony before it became a
country.

- convicted criminals in England were


transported to Australia, a colony of
Great Britain when transportation
was adopted in 1790 to 1875
Two Rival Prison System in the
History of Corrections:

1. The Auburn Prison System


also known as the Congregate
System
- The prisoners are confined in
their own cells during the night
and congregate work in shops
during the day. Complete silence
was enforced.
2. The Pennsylvania Prison
System also known as the
Solitary System
- Prisoners are confined in
single cells day and night where
they lived, slept, ate and
receive religious instructions.
Complete silence was also
required.
- Prisoners are required to read
the bible
CORRECTIONS
- The branch of the
administration of Criminal Justice
charged with the responsibility
for the custody, supervision and
rehabilitation of convicted
offenders.
- The fourth pillar of the CJS
- Considered as the weakest pillar of
the CJS
2 FORMS OF CORRECTIONS
1. INSTITUTIONALIZED CORRECTION
- The rehabilitation of offenders in jail or
prison.

2. COMMUNITY BASED CORRECTION


- Refers to correctional activities that
may take place within the community.
PURPOSES OF CONFINEMENT:
To segregate offenders from society;
and
To rehabilitate him so that upon his
return to the society he shall be
responsible and law abiding citizen.
2 legal grounds for detaining a
person:

1. commission of a crime
2. violent insanity or any other
ailment that needs compulsory
confinement in a hospital.
Admission Procedures in Prison:

1. receiving;
2. Checking commitment papers;
3. Establishing identity of the prisoner;
4. Searching the prisoner;
5. Assignment to quarters
Quarantine Unit or Cell:
it is a unit or cell in the prison or jail or a
section of the RDC where the prisoners
are given thorough physical examination
including blood test, x-rays, inoculation
and vaccination.
Purpose:
to insure that the new prisoner is not
suffering from any contagious disease
which might be transferred to other
prisoners.
PRE-RELEASE TREATMENT
It is the program specifically designed
and given to a prisoner, during a limited
period, prior to his release, in order to give
him an opportunity to adjust himself from
the regimented group like in prison to the
normal, independent life of a free individual.
INSTITUTIONAL CUSTODY, SECURITY
AND CONTROL

Aims of institutional security:

1. To prevent escape;
2. To control entry of contrabands;
3. Maintenance of good order
CUSTODY Defined as the guarding of
penal safekeeping. It involves security
measures, locking and counting routines,
produces for searching prisoners and their
living quarters, and prevention of
contraband.
CONTROL It 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 schedule.
Contraband
- anything that is contrary to prison rules
and regulations

Prison Discipline it is the continuing state


of good order and behavior in prison. It
includes the maintenance of good
standards of work, sanitation, safety,
education, personal health and recreation.
PREVENTION DISCIPLINE Involves
prompt correction of minor deviations
before they become serious violations,
which may be dealt with a reprimand or
warning and is used when the deviation is:
trivial

due to ignorance or lack of

understanding; or
the result of careless or faulty habits.
DIVERSIFICATION
Is an administrative device of
correctional institutions of providing
varied and flexible types of physical
plants for the effective control of the
treatment programs of its diversified
population.
Diversification may be done either:
a. By a building special institution for different
classed of prisoners which is more
desirable since it provides proper
segregation of groups and more effective
execution of the treatment program, or
b. Providing separate facilities within a single
institution itself, that is, big institution may
be broken into smaller units.
FACTORS CONSIDERED IN
DIVERSIFICATION

a. AGE
b. SEX
c. MEDICAL OR MENTAL CONDITIONS
d. DEGREE OF CUSTODY the most
common used factor in diversification
RECEPTION AND DIAGNOSTIC CENTER
(RDC)
This is a special unit of prison where
new prisoners undergo diagnostic
examination, study and observation for
determining the program of treatment and
training best suited to their needs and the
institution to which they should be
transferred.
RDCs STAFF
PSYCHIATRISTS
PSYCHOLOGISTS
SOCIOLOGISTS
EDUCATIONAL COUNSELOR
VOCATIONAL COUNSELOR
CHAPLAIN
MEDICAL OFFICER
COSTODIAL CORRECTIONAL
The classification process:
Classification- The assigning or
grouping of inmates according to
their sentence, gender, age,
nationality, health, criminal records,
dangerousness, etc.
FOUR SEPARATE BUT COORDINATED
PROCEDURES OF CLASSIFICATION

1. DIAGNOSIS the prisoners case


history is taken and his personality
studied. Through examination and
observations, the RDCs staff
determines the nature and extent of the
persons criminality and the extent to
which he may be rehabilitated.
2. TREATMENT PLANNING this
is the formulation of a tentative
treatment program best suited to
the needs and interest of an
individual prisoner, based on the
findings of the RDCs staff.
3. EXECUTION OF TREATMENT PROGRAM
- this is in the application of the treatment
program and policies by the classification
committee.
4. RE-CLASIFICATION the treatment
program is kept current with the inmates
changing needs and with new analysis,
based on any information not available at
the time of the initial classification
committee meeting of the inmates case,
which continues from the time of the first
classification until the inmates is released.
Prison
an institution for the
imprisonment of persons
convicted by final judgment and
with a penalty of more than 3
years.
note: all inmates here are all
convicted
Note: the population of jail and
prison including penal farms and
colonies except the personnel are
called inmates, prisoners with the
exception of jails whose inmates are
undergoing trial of their respective
cases are called detainees.
Bureau of Prisons
- Have the general supervision
and control of national, provincial
prisons and all penal settlements
and is charged with the
safekeeping of all prisoners
confined therein.
Bilibid Prison
Built on 1847. It became the central
confinement for all Filipino offenders
by virtue of the Royal Decree of the
Spanish Crown. (May Haligui Estate)
1936
City of Manila exchange its Muntinlupa
property composed of 552 hectares piece
of land with the Bureau of Prisons lot in
Manila.

N.B. Bilibid Prison is now being used by the


Manila City Government as Manila City Jail
E.O. 292 otherwise known as
Revised Administrative Code of 1987
Sections1705 1751, Revised
Administrative Code of 1987
The Prison Law in the
Philippines
- It renamed the Bureau of
Prisons to Bureau of Corrections
New Bilibid Prison located in
Muntinlupa City.
2 Satellites:
1. Camp Bukang Liwayway (Minimum
Security Camp) house minimum custody
prisoners who work in various projects of
the institution.
2. Camp Sampaguita (Medium Security
Camp) house medium security prisoners
- where RDC is located
Different Penal Colonies in the
Philippines:
1. San Ramon Prison and Penal
Farm
- Founded by Captain Ramon Blanco of
the Spanish Royal Army. It was
established for the confinement of Filipino
Political offenders. (Located in
Zamboanga del Sur)
- Has an area of 1,246 hectares.
- established on August 21, 1869.
2. Iwahig Penal Colony and Farm
- Founded by Governor Forbes who led the
first contingent of prisoners. It was used
originally for the confinement of
incorrigibles and intractable prisoners. In
1905, it was reconverted for the
confinement of well behave and tractable
prisoners. (Reorganization Act 1407)
- It has a land total area of 36,000 hectares.
- Established on Nov. 16, 1904
4 sub-colonies of the Iwahig penal
Colony and Farm.
a. Inagawan Sub-colony
b. Montible Sub-colony
c. Santa lucia Sub-colony
d. Central Sub-colony
3. Davao Penal Colony and farm
(January 21, 1932)
-Founded by Gen. Paulino Santos. Created by
virtue of act 3732 and Proclamation 414 series
of 1931.
-Mostly devoted to abaca and banana
plantation.
-In 1942, it was used as a concentration camp
for American Prisoners of War
-The main source of income of the Bureau of
Corrections. It consist of 18,000 hectares
4. Sablayan Penal Colony and Farm

-Founded on Sept. 27, 1954 by virtue of


Proclamation Number 72 dated
September 27, 1954.
-It consists of 16,000 hectares in Sablayan,
Occidental, Mindoro
5. Ilo-ilo Penal Colony and Farm
(Ilo-ilo province)
6. Leyte regional Prison (Abuyog,
Leyte)
- established on January 16, 1973
during the martial law with the aim
of regionalizing prisons in the
country.
Correctional Institution for Women
(Found in Mandaluyong City)
- It was established in 1931 by virtue of Act
3579 passed on November 27, 1929
- Consists of 18 hectares
- The oldest prison in the
Philippines is the Fort Santiago in
Manila.
- Only the New Bilibid Prison and
CIW confine death convicts.
- all the prison and penal farms
have minimum, medium and
maximum security facilities
Who is a Prisoner?
- a person committed to jail or
prison by a competent authority for
any of the ff: reasons:
1. to serve a sentence after
conviction
2. trial
3. investigation
Classification of Prisoners:
1. Sentenced prisoners those who are
convicted by final judgment and
under the jurisdiction of a penal
institution.
2. Detention Prisoners those who
were detained for the violation of law
and have not yet convicted.
3. Those who are on safekeeping
Classification of sentenced prisoners:
1. Insular/national prisoners sentenced to
more than 3 years or a fine of more than
1,000or both.
2. City prisoners sentenced to less than 3
years or a fine of less than 1,000 or both.
3. Provincial prisoners 6 months and 1
day to 3 years or a fine not more than
1,000 or both.
4. Municipal prisoners not more than 6
months
CLASSIFICATION OF PRISONERS
ACCORDING TO DEGREE OF
CUSTODY/DANGEROUSNESS

1. Maximum Security This shall


include highly dangerous or high
security risk as determined by the
classification board who require a
high degree of control.
Who are Maximum Security Prisoners
Those sentenced to death
Those whose minimum sentence is 20
years imprisonment
Remand inmates or detainees whose
sentence is 20 years and above and
those whose sentence is under review
by the SC
Those with pending cases
Who are Maximum Security Prisoners
Recidivists, habitual delinquents and
escapees
Those confined at the RDC
Those under disciplinary punishment
or safekeeping
Those who are criminally insane or
with sever personality disorders or
emotional disorders
2. Medium Security
- This shall include those who
cannot be trusted in less secured
areas and those whose conduct or
behavior require minimum
supervision.
Who are Medium Security Prisoners
Those whose minimum sentence is less
than 20 years imprisonment
Remand inmates or detainees whose
sentences are below 20 years
Those who are 18 years of age and
below, regardless of the case and
sentence
Those who have 2 or more records of
escapes. They are classified as medium
security if they have served 8 years since
they were recommitted. Those with one
record of escape must serve 5 years.
First offenders sentenced to life
imprisonment. They can be classified as
medium security if they have served 5
years in a maximum security prison or
less, upon the recommendation of the
superintendent.
3. Minimum Security
- This shall include those who can be
reasonably trusted to serve their
sentences under less restricted
conditions.
Who are Minimum Security Prisoners
Those with severe physical handicap as certified
by the chief medical officer of the prison
Those who are 65 years of age and above, without
pending case and whose convictions are not on
appeal
Those who have serve of their minimum
sentence or 1/3 of their maximum sentence,
excluding GCTA
Those who have 6 months more to serve before
the expiration of their maximum sentence.
Color of Uniforms of Inmates as to
Security Classification
Maximum Security tangerine/orange
Medium Security blue
Minimum Security brown
Detainee - gray
Prohibited Acts in Prison:
1. Participating in illegal sexual acts or placing
himself in situations or behavior that will
encourage the commission of illegal sexual
acts;
2. Openly or publicly displaying photographs,
pictures, drawings, or other pictorial
representations of persons engaged in sexual
acts, actual or simulated, masturbation,
excretory functions or lewd or obscene
exhibitions of the genitals;
3. Possessing articles which pose a threat to
prison security or to the safety and well
being of the inmates and staff;
4. Giving gifts, selling or engaging in barter
with prison personnel;
5. Maligning or insulting any religious belief
or group;
6. Rendering personal services to or
requiring personal services from a fellow
inmate;
7. Gambling, etc.
PUNISHMENT IMPOSED IN
DISCIPLINARY CASES:
1. Solitary confinement applicable in
extreme case specially when there is
danger that the prisoner may hurt himself
or others.
2. Locking in his cell with loss of yard
privileges
3. Loss of privileges such as visiting,
correspondence and other privileges
4. Transfer to another institution
5. Assignment to a disciplinary squad for
manual labor
6. Counsel and reprimand imposed in
trivial cases
7. Loss of Good Conduct Time
Allowance
GOOD CONDUCT TIME
ALLOWANCE (GCTA)
- A reward for good conduct whereby a
prisoner receives partial reduction of his
prison sentence.
The Prisoner is entitled to reduction
of:
a. 5 days each month of good behavior during
his first 2 years
b. 8 days each month of good behavior during
his 3rd to 5th years
c. 10 days each month during his 6th to 10th
years
d. 15 days each month reduction during the 11th
and succeeding years
Act No. 3316

The law that provides for the formal basis


for the grant of GCTA for prisoners
SPECIAL TIME ALLOWANCE FOR
LOYALTY
- A deduction of 1/5 of the period of his
sentence shall be granted to any prisoner
who having evaded the service of his
sentence under circumstances mentioned in
Art. 158 of the RPC, gives himself up to the
authorities within 48 hours following the
issuance of proclamation announcing the
passing away of calamity, catastrophe such
as earthquake, conflagration, mutiny, etc.
Ground for Increasing Penalty
- 1/5 of the remaining sentence of the
prisoner shall be added to his sentence if
he fails to surrender himself to the authority
when he escape from prison under
circumstances enumerated in Art. 158 of
the RPC. Provided, however, that the
added sentence should not exceed 6
months.
Plans for Emergency in Prison
Procedures in dealing with riots or
disturbances
a. At the sound of the first alarm, all inmates
shall be locked up inside their respective
cells/quarters. Inmate work crew shall
immediately returned to the prison
compound or previously designated areas
for accounting and confinement after a
head.
b. If the disturbance occurs during visiting
hours, all visitors shall immediately
ushered out of prison compound or if this
is not possible, brought to a pre-
determined area inside said compound. In
the latter case, the visitors shall not be
allowed to leave the said area or the
compound until disturbance has ceased
and the inmates have been properly
identified.
c. At the same time, all guards who are not
on duty shall be directed to immediately
report to the desk officer. All critical posts
shall be manned to prevent escapes. The
most senior guard present shall take
command of the custodial force and make
assessment of the situation.
d. All telephone calls to and from the prison
compound shall be controlled
e. Based on the assessment of the prevailing
condition by the OIC, he may deploy the guards
in the following groups:

1. 1st Group the initial wave of anti-riot contingent


whose purpose is to disperse rioters. They are
armed with wicker shields, headgears, gas masks
and batons.
2. 2nd Group equipped with teargas guns and gas
grenades.
3. 3rd Group trained in proper handling and use of
firearms.
After the riot, the following procedure
shall be followed:
a. Conduct head count
b. Segregate ringleaders and agitators
c. Assess and determine the damage
to the facilities
d. Investigate the cause of the riot
e. Repair damages
f. Adopt measures to prevent similar
incident
g. Administer first aid to the injured
h. Submit a report of the incident to
the secretary
Jails
- An institution for the confinement of
persons who are awaiting final disposition
of their criminal cases and also for the
service of those convicted and punished
with shorter sentence usually up to three
years.
CATEGORIES OF INMATES
CONFINED IN JAIL
a. Those awaiting/undergoing investigation
b. Those who are awaiting/undergoing trial
c. Those who are awaiting final judgment
d. Those who are serving short sentences
up to three years
Types of Jail
1. Lock-up jail is a security facility for the
temporary detention of person held for
investigation or awaiting preliminary
hearing.
2. Ordinary jail houses both offenders
awaiting court action and those serving
short sentences usually up to 3 years.
3. Workhouse jail farm or camp
houses minimum custody offenders
serving short sentences with
constructive work programs.
BUREAU OF JAIL MANAGEMENT
AND PENOLOGY (BJMP)
- It was created pursuant to Sec. 60, R.A.
6975. Headed by a Chief with the rank of
Director to be assisted by the Assistant
Chief of the Jail Bureau.
-It has the mission to direct, supervise and
control the administration and operation of
all district, city and municipal jails to effect a
better system of jail management
nationwide.
Coverage of Supervision by the Jail
Bureau
1. City jails
2. Municipal jails
3. District jails
Qualifications of jail Officers assigned
in Key positions in the Bureau
A. Chief, BJMP
Shall have the rank of director in the jail bureau;
He must be a member of the Philippine Bar; or
a holder of Masters Degree in national Security
Administration or any relevant Masters Degree;
He must have an adequate experience in positions of
responsibility and leadership of at least one year in each of
the following fields:
a. operations
b. administration
B. Deputy Chief
Shall have the rank of Chief Superintendent in the jail
bureau;
A member of the Philippine bar; or
A holder of relevant Masters Degree; or
A Baccalaureate Degree with at least 9 years experience in
jail or police work;
He must have an adequate experience in positions of
responsibility and leadership of at least one year for each
field in the following:
-operations
-Administration
-ARD/Chief of Staff/Chief of Division, Central office
c. Assistant Regional Director
Have the rank of Senior Superintendent;
Must have undergone the Officers Executive
career Course or its equivalent;
Must at least be a Bachelors Degree holder
in law, criminology, psychology, psychiatry,
social work or sociology;
Must have previously assigned in supervisory
position in jail bureau.
d. Provincial Jail Administrator
Have the rank of superintendent
Must have undergone the Officers
Executive Career Course or its equivalent;
must be a bachelors degree holder,
preferably in law, criminology, psychology,
psychiatry, social work or sociology;
Have been previously assigned in
supervisory position in the jail bureau.
e. District Jail Warden
Have the rank of Chief Inspector;
A bachelors degree holder, preferably in law,
criminology, psychology, psychiatry, nursing,
social work or sociology;
Must have undergone the Officers Advance
Course or its equivalent;
Has been assigned in supervisory position in
police or jail service.
f. City and Municipal Jail Warden
Shall have the rank of Chief Inspector
Must be a bachelors degree holder,
preferably in law, criminology, psychology,
nursing, social work or sociology
Has been assigned in supervisory position
in the police or jail service.
Composition of Classification
Board/Disciplinary Board in Jail
Chairman -Assistant Warden
Members -Chief, security Officer
-Medical Officer/Public
Health Officer
-Jail Chaplain
-Social Worker/ Rehabilitation
Officer
POWERS AND FUNCTIONS
PRIVILEGES AND RIGHTS OF A PERSON
UNDER DETENTION
BUREAU OF CORRECTIONS (BUCOR)
The Bureau of Corruption is tasked with the following
functions:
a. To confine persons who have been convicted of a
criminal offense by the courts to serve sentence
in a penal institution.
b. To provide correctional environment which seeks
to protect the physical and emotional well being
of offenders.
c. To provide humane treatment by affording them
human basic needs the correctional community
and prohibiting cruel methods rehabilitation.
d. To provide opportunities for rehabilitation
programs designed to change the offenders
pattern of criminal or anti-social behavior.
e. To engage in agro-industrial endeavors to
develop penal farms into productive profit center
that employs offender manpower skills and labor
and provide a source of income to supplement
the Bureaus financial outlet.
f. To perform other functions that maybe directed by
the Secretary of Justice of other competent
authorities.
BUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BJMP)

The BJMP shall exercise supervision and control


over all district, 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 persons who
endangers himself or others.
PRIVELEGES OF DETENTION AND SENTENCED
PRISONERS

Detainees may enjoy the following privileges:


1. To wear their own clothes while in
confinement;
2. To write letter, subject to reasonable
censors, provided expenses shall be borne
by them;
3. To receive visitors during daytime;
4. To receive books, letters, magazines,
newspapers and other periodicals that the
jail authorities may allow.
5. To be treated by the Health Services or by
their own doctor or dentist at their own
expense upon proper application and
approval.
6. To be treated in a government or private
hospital, provided it is authorized by the
court at their own expense.
7. To request free legal aid if available and
enjoy the right to be visited by their counsel
anytime.
8. To grow hair in their customary style
provided it is decent and allowed by the
rules.
9. To receive fruits prepared food, subject to
inspection and conformity by the jail officials.
10. To smoke cigarettes, except in prohibited
places;
11. To read books and other reading materials
available in the jail premises; and
12. To perform such other works as may be
necessary for hygienic and sanitary purposes.
Except for the wearing of prescribed prisoners
uniform, all the privileges of detainees mentioned
above may be enjoyed by sentenced prisoners.
The right to be assisted by counsel of his own
RIGHTS
choice at OF PERSON UNDER DETENTION
all times.
Right to be informed of his right to remain silent.
Right to be visitation by any member of his
immediate family or any medical doctor or priest or
religious ministers chosen by him or any member
of his immediate family, or by his counsel or by any
national non-governmental organizations duly
accredited by the CHR or by any institution and
non-governmental organizations duly accredited by
the office of the President.
Definition of Terms
Penal Management refers to the manner or
practice of managing or controlling place of
punishment or jail.

Correction it is the study of jail/prison


management and administration as well as
rehabilitation and reformation of prisoners and
detainees.

Penology a branch of criminology which deals


with management and administration of
inmates.
Jail a place of confinement for inmates
under investigation, awaiting or
undergoing trial or serving sentence.

Rehabilitation a program of activity


directed to restore an inmates self-
respect thereby making him a law-abiding
citizen after serving his sentence.
Safekeeping the temporary custody of a
person for his own protection, safety or
care; and or his security from harm, injury
or danger for the liability he has
committed.

Inmate Either a prisoner or detainee


confined in jail.
Detainee a person accused before a
court or competent authority who is
temporarily confined in jail while
undergoing investigation, awaiting final
judgement.

Prisoner an inmate who is convicted by


final judgement and classified as insular,
provincial, city or municipal prisoner.
Commitment means the entrusting for
confinement of an inmate to a jail by
competent court or authority for
investigation, trial and/or service of
sentence.
Commitment Order a written order of
the court or any other competent authority
consigning an offender to a jail or prison
for confinement.
Mittimus a warrant issued by the court
bearing its seal and the signature of the
judge directing the jail or prison
authorities to receive the convicted
offender for service of sentence or
detention.
Detention Mittimus is an order issued by a
competent court addressed to the jailer or
prison officer to receive a person for having
committed a criminal offense for safe
custody, subject to the order of the court.
Sentence Mittimus is an order of a
competent court, addressed to the jailer or
prison officer to receive a person after
conviction from the offense charged to serve
a penalty of imprisonment or subsidiary
imprisonment as the case may be.
Contraband any article, item, or thing
prohibited by law and/or forbidden by the
jail rules.
Escape an act of getting out unlawfully
from confinement or custody by an inmate.

includes not only actually leaving the


institution or grounds thereof by a detainee
or prisoner but also being out of the place
at any time since the latter maybe
tantamount to attempting to escape.
Instrument of Restraint a device,
contrivance, tool or instrument used to hold
back, keep in, check or control an inmate;
e.g. handcuffs, leg irons.

Classification refers to the assigning or


grouping of inmates according to their
sentence, gender, age, nationality, health,
criminal records, etc.
Custody is the maintenance of care and
protection accorded to people who by
authority of law are temporarily incarcerated
for violation of law and also those who were
sentenced by the court to serve judgment.
Security is the task given to jail or prison
administrators and custodial force
personnel to secure the entire
establishment and to keep under constant
watch the movements of inmates or
wards purposely to avoid involvement of
detainees or prisoners for possible
commission of crimes and foremost to
prevent any mass jail breaks ad bloody
gangwars among them while under
confinement.
Control is the systematic measures taken in
ensuring that the movement of inmates are in
accordance with the standing policies, rules
and regulations granted by the court,
authorities or administrators at all times.

Degree of Custody extent or strict keeping or


charges necessary for a person in
confinement.
Lock up security facilities manned by
the PNP, as their temporary jail facilities.

Disorders it refers to fighting or causing a


disturbance or a riot and also other
behaviors such s ; connivance, politicking,
threatening or putting in fear.
Good Conduct Time Allowance are
rewards for good conduct or
behavior, whereby a prisoner
receives partial remission or
reduction of his sentence.
Diagnostic Treatment the process of
treating a person after determining by
examination or study the nature and
circumstances of his condition.

Homosexual a person with sexual feeling


for a person of the same sex, with an
impulse towards genital expression.

Proselytizing to convert or induce another


to change his religious belief or sect.
Sex Deviates person who commits
abnormal sex practices sometimes caused
by physical, grandular and mental
differences.

Sick Call the time when prisoner affected


with any disorder of health or illness will
report to a physician for examination or
treatment.
Suicide Risk a prisoner/detainee prone of
taking his own life.
Tattooing the act of pricking and making
mark patterns on the skin with indelible
pigment.

Straight Jacket an outer covering or coat


designed to fasten the body for the purpose
of restricting the movement of a boisterous
or unruly person.
Inmates Privilege a special right or power
conferred on or possessed by one or more
individuals, in derogation of the general
right. It is a peculiar benefit or favor not
enjoyed by all.
- is something allowed or provided at the
discretion of the Prison Authority and it
should be earned.
Inmates Rights is something the prison
must allow to provide; it must be assured
because it is inherent in the Great and
Essential Principles of Liberty and Free
Government.
NOTES:

1. RA 7659 reimposition of death penalty on


heinous crimes
2. RA 8177 designating death by lethal
injection as the method of carrying out
death penalty
THANK YOU and
GODBLESS!

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