INSTITUTIONAL

CORRECTION

CA 1
COURSE DESCRIPTION:

This course covers the study of the nature of

institutional corrections both local and
international settings including pertinent laws
relative to human rights and victim welfare and
various rehabilitation programs applicable to the
offenders’ re-integration to the community.
 COURSE CONTENTS/TOPICS
Historical Background, Development and Nature of
Institutional Correction
UN standard minimum rules for the treatment of prisoners
Rome Statutes of the International Criminal Court (Art. 103-
111)
RA 10592 (GCTA Law)
RA 10575 (BUCOR Act of 2013)
BJMP manual
Educational Programs
Livelihood Programs
Recreational Programs
Religious Programs
Guidance and Counselling
Health Services
INSTITUTIONAL CORRECTION

By: Genalyn Mea A. Briones

Criminologist
European Background
Historically, institutional confinement has been
used since ancient times, but not until the 1600s
and 1700s as a major punishment for criminals.
Prior to that it was used to:

• Detain people before trial

• Hold prisoners awaiting other sanctions
• Coerce payment of debts and fines
• Hold and punish slaves
• Achieve religious indoctrination (the
Inquisition)
• Quarantine disease
Forerunners of Modern Incarceration

-Modern incarceration strives to

change the offender’s character and
is carried out away from public view.

-Early punishments for crime were

directed more at the offender’s body
and property. Goals were to inflict
pain, humiliate the offender, and
deter onlookers from crime.
Two additional forerunners of modern incarceration were:

Banishment
Transportation
 banishment

A punishment, originating in ancient times, that

required offenders to leave the community and
live elsewhere, commonly in the wilderness.

transportation
ishment in which offenders were transported from their
nation to one of that nation’s colonies to work.
The closest European forerunners of modern U.S. prisons
were known as workhouses.

workhouses

• European forerunners of the

modern U.S. prison, where
offenders were sent to learn
discipline and regular work
habits.
Developments in the United States

In colonial America, penal

practice was loose,
decentralized, and
unsystematic, combining
private retaliation with
fines, banishment, harsh
corporal punishments, and
capital punishment.
• The Colonial Period
• The Arrival of the Penitentiary
 The Pennsylvania System
 The New York ( Auburn ) System
 Debating the Systems
• Development or Prisons in the South and West
 Southern Penology
 Western Penology
• The Reformatory Movement
 Cincinnati, 1870
 Elmira Reformatory
 Lasting Reforms
• The Rise of the Progressives
 Individualized Treatment and the Positivist
School
 Progressive Reforms

• The Rise of the Medical Model

• From Medical Model to Community Model

• The Crime Control Model: The Pendulum Swings Again

 The Decline of Rehabilitation
 The Emergence of Crime Control
The Penitentiary Movement

• The Walnut Street Jail opened in 1790 in

Philadelphia and is considered the first state
prison.
• Inmates labored in solitary cells and received
large doses of religious training.

“Penitentiary”
an institution intended to isolate prisoners from society and from one
another so that they could reflect on their past misdeeds, repent, and
thus undergo reformation.
principles of the “penitentiary”
• isolate prisoner from bad influences of society - liquor, temptation,
people
• penance & silent contemplation
• productive labor
• reform (thinking & work habits)
• return to society, renewed
• key = solitary confinement
• isolate from contagion
• foster quiet reflection
• punishment, since man is social animal
The Penitentiary Movement

• Pennsylvania and New York pioneered

penitentiary movement by developing
two competing systems of
confinement:
• The Pennsylvania system
• The Auburn system
William Penn

• William Penn (1644–1718) English Quaker who

arrived in Philadelphia in 1682. Succeeded in
getting Pennsylvania to adopt “The Great Law”
emphasizing hard labor in a house of correction
as punishment for most crimes
Benjamin Rush

• Benjamin Rush (1745–1813) Physician, patriot,

signer of the Declaration of Independence, and
social reformer, Rush advocated the penitentiary
as replacement for capital and corporal
punishment.
competing models
• Pennsylvania system
• “Separate system”
solitary confinement
eat, sleep, work in cell
religious instruction
reflection upon crimes
• reform through
salvation
religious enlightenment
• model for Europe
• e.g.
Walnut St. Jail
Western Penitentiary
Eastern State Pen.
Pennsylvania system
An early system of U.S. penology in which
inmates were kept in solitary cells so that
they could study religious writings, reflect
on their misdeeds, and perform handicraft
work.

Auburn system
An early system of penology, originating at Auburn
Penitentiary in New York, under which inmates
worked and ate together in silence during the day
and were placed in solitary cells for the evening.
 competing models

 Pennsylvania system New York system

 “Separate system”
“Congregate system”
 solitary confinement hard labor in shops-day
 eat, sleep, work in cell
solitary confinement-
 religious instruction
 reflection upon crimes night
 reform through strict discipline
 salvation rule of silence
 religious enlightenment reform through
 model for Europe good work habits
 e.g.
discipline
 Walnut St. Jail
 Western Penitentiary model for US-economical
 Eastern State Pen. e.g., Auburn Prison, 1816
Southern penology
 Devastation of war and economic hardship produced 2 results:
 Lease system
 Private business negotiated with state for labor & care of
inmates--Kentucky (1825)
 Penal farms
 State-run plantations which grew crops
 To feed inmates
 To sell on free market
Western developments
• penology in west not greatly influenced by the ideologies of
the east
• prior to statehood, prisoners held in territorial facilities or in
federal military posts and prisons
• 1852: San Quentin - California’s 1st prison
• 1877: Salem, Oregon prison - Auburn model
• western states discontinued use of lease system as states
entered into the union
• e.g. Oregon, California, Montana, Wyoming
The Reformatory Movement

• The reformatory movement was based on

principles adopted at the 1870 meeting of
the National Prison Association. The
reformatory was designed:

• for younger, less hardened offenders.

• based on a military model of regimentation.
• with indeterminate terms.
• with parole or early release for favorable
progress in reformation.
 the Reformatory Movement
(1870s - 1890s)

• product of disillusionment with oppressive

penitentiary system
• focus remained  inmate change!
• key features:
• indeterminate sentences > fixed
• offender classification should be based on character
& institutional behavior
• use early release as incentive to reform
 “Reformatory”

an institution for young offenders

emphasizing training, a mark system of
classification, indeterminate sentences,
and parole
 “mark system”
• a system for calculating when an offender will be released from custody,
based on both the crime & his behavior in prison
 devised by Alexander Maconochie (England),
 at Norfolk Island penal settlement (off Australia, 1840)
 at sentencing, offender is ‘given’ a number of “marks,” based on offense severity
(a “debt” to society, to be “paid” off)
 for release, offender must earn marks via
voluntary labor
participation in educational, religious programs
good behavior
 adopted in Ireland
 ''Irish system''
• developed by Sir Walter Crofton
• derived from Maconochie’s mark system
• four-stage program of graduated release, based on offender
performance
• all sentences served in four stages;
 move “up” w/ accumulation of marks
1.  solitary confinement - all start here
2.  public works prison - begin earning marks
3.  intermediate stage - (like half-way house)
after earning enough marks
4.  ticket of leave - conditional release
= precursor of modern parole
 “reformatory”
Zebulon Brockway

• an institution for young offenders emphasizing training, a mark system of classification, indeterminate
sentences, and parole: 1st time felons (16-30)
diagnosis, individualized treatment, reform
 operation:
  intake interview: determine causes of crime
  individualized work & education program
  mark system of classification (work, school, behavior).
move up OR down, with accumulation of marks:
•begin at grade 2
•can earn 9 marks/mo. for 6 months:
• grade 1; or
• grade 3;
•then, 3 mo. good behavior:  grade 2 again.
 administrators determine release date
 Elmira Reformatory (Zebulon Brockway; 1876-1900)
 Reformatory movement ends
• failed to reform (like penitentiary)
• brutality
• corruption
• not administered as planned
• but, important features survived:
• inmate classification
• rehabilitation programs
• indeterminate sentences
• parole
Institutions for Women
• Until the reformatory era, there was
little effort to establish separate
facilities for women.

• The first women’s prison based on

the reformatory model opened in
Indiana in 1873.
• Women’s prisons concentrated on
molding inmates to fulfill
the Progressive Era
(1890s - 1930s)

• trends of period
• industrialization
• urbanization
• technological change
• scientific advancement
the “Progressives”
• socially conscious, politically active, mostly upper-
class reformers of early 1900s
• attacked excesses of emergent 20th century - big
business, industry, urban society
• believed science (positivism) + state intervention
could/should solve social & political problems
• advocated “treatment according to the needs of the
offender,” not “punishment according to severity of
the crime”
• subscribed to “positivism”
“positivist school”
• an approach to criminology and other social sciences
based on the assumption that human behavior is a
product of biological, economic, psychological, and
social factors, and that the scientific method can be
applied to ascertain the causes of individual behavior
subscribed to by Progressives
principles of Positivist School
• behavior (including crime) is
NOT the product of free will.
• behavior stems from factors beyond control of the
individual
• criminals can be treated so they can lead crime-free
lives.
• treatment must focus on the individual & his/her
problem(s).
“progressive” reforms

• 2 strategies for CJ reform:

 improve general social, economic conditions
that seem to breed crime
 rehabilitate individual offenders
• 4 planks in “progressive” platform:
• probation (John Augustus, 1841)
• indeterminate sentencing (by 1920s, 37 states)
• parole (by 1920s, 44 states; 80% of releases)
• juvenile courts (1899, Cook County)
• By 1970s, most of these enlightened & well-meaning reforms seen as having
failed to live up to their promise
The Medical Model
(1930s - 1960s)

• a model of corrections positing that criminal behavior is caused by

social, psychological, biological deficiencies that require medical
treatment
• first serious efforts to implement truly medical strategies aimed at
scientifically classifying, treating, rehabilitating criminal offenders
• e.g. “medical” programs & institutions
• psychology (Karl Menninger)
• Maryland Patuxent Institution, 1955
• sexual psychopath, sociopath laws
• crime as sickness
The Community Model
(1960s - 1970s)

• model of corrections positing goal of CJS: to reintegrate offender into community

• key features
• prisons should be avoided;
prison = artificial environment;
prison frustrates crime-free lifestyle
• need to focus on offender’s adjustment into society; not just on psychological
treatment
probation
intermediate sanctions;
(alternatives to incarceration)
parole
The Crime Control Model
(1970s - 2000)

• less ambitious, less optimistic, less forgiving view of man &

ability of CJS to change him
• crime better controlled by more incarceration & strict supervision
• precipitating factors
• public concern over rising crime in ‘60s
• disillusionment with treatment
• public clamor for longer sentences
• distrust of broad discretion given to correctional & parole
authorities
1.Kalantiao code (1433)
2.Maragtas Code
3.Spanish Civil code
4.Kodigo Penal (now Revised Penal
code)
HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES

PRE – SPANISH PERIOD:

Kalantiao code (1433)
– the most extensive and severe law that
prescribes harsh punishment.
- developed by Datu Kalantiao.
Maragtas Code – developed by Datu Sumakwil.
 SPANISH PERIOD:
Spanish Civil code
– became effective in the Philippines
on December 7, 188
- known as the “conquistadores”.

Kodigo Penal (now Revised Penal

code)
– introduced by the Spanish
Government.
- promulgated by the King of Spain
 EARLY PRISONS IN THE PHILIPPINES
SPANISH PERIOD
Formal prison system was established:
1. Old Bilibid Prison(1847)
-known as “Carcel y Presidio Correccional”
-first prison established in the Philippines.
- could accommodate 1,127 prisoners.
-One-half of the enclosed space was assigned to Presidio
prisoners and the other half to Carcel prisoners.
-- known as the Manila City Jail today.
-
2. San Ramon Penal Farm
-founded by Capt. Ramon Blanco on August 21, 1869.
-houses political offenders during Spanish regime
-in Zamboanga City was established to confine
Muslim rebels and recalcitrant political prisoners
opposed to the Spanish rule.
-was originally set on a 1,414-hectare sprawling
estate.
 AMERICAN PERIOD
1. Iwahig Prison and Penal Farm
-Formerly the Iuhit penal settlement
- built on November 16, 1987.
- Located in Palawan.
-to confine incorrigibles with little hope of rehabilitation
- developed in order to decongest the Bilibid Prison.
- vast reservation of 28,072 hectares and a total land area of 40,000
hectares in the late 1950s
- -the area was expanded to 41,007 hectares by virtue of
Executive Order No. 67 issued by Governor Newton Gilbert on
October 15, 1912.
2. Correctional Institution for Women
-developed on November 27, 1929 in Mandaluyong City,
Manila under the directorship of Ramon Victorio.
-provide separate facilities for women offenders

3. Davao Penal Colony

– developed on January 21, 1932, founded by Lt. Col
Paulino Santos.
- also used as concentration camp of American Prisoners of
War on August 1946.
4. New Bilibid Prison (1935)
– located in Muntinlupa City.
- houses more than 50% of the total number of National Prisoners.
Transfer of the Old Bilibid to Muntinlupa:
-Commonwealth Act No. 67 was enacted for the construction of a
new national prison in the southern suburb of Muntinlupa, Rizal in
1935.
- - On November 15, 1940, all inmates of the Old Bilibid Prison in
Manila were transferred to the new site known as New Bilibid
Prison on January 22, 1941.
- capacity of 3,000 prisoners
- prison reservation has an area of 587 hectares
PHILIPPINE REPUBLIC:

1. Sablayan Penal Colony

– developed on Sept. 26, 1954, located in Sablayan, Occidental
Mindoro.
-Under the directorship of Atty. Alfredo M. Bunye.
2. Leyte Regional Prison
– established on Jan. 16, 1973 under Gen. Vicente R. Rabal.
- located in Abuyog, Leyte
SOURCES OF THE TERM PENOLOGY:

a. Peno was derived from Greek word “piono” and from the Latin word
“poena”, both terms mean punishment.

b. Logy was from the Latin word “logos”, meaning science.

c. Penology distinguish from Penitentiary Science- Penology deals

with the various means of fighting crimes as regards to penalties and
other measures of security, while Penitentiary Science is limited only
to the study of penalties dealing with deprivation of liberty.
Developments After WWII:
A death chamber was constructed in 1941
Camp Sampaguita or the Medium Security Camp and
Minimum Security Camp, whose first site was christened
“Bukang Liwayway was constructed in 1980 (New Bilibid
Prison)
 Under Proclamation No. 72 issued on September 26, 1954,
the Sablayan Prison and Penal Farm in Occidental Mindoro
was established
Leyte Regional Prison followed suit under Proclamation
No. 1101 issued on January 16, 1973.
 Birth of the Reception and Diagnostic Center:
was created through Administrative Order No. 8, series of
1953 of the Department of Justice and patterned after the
reception facilities of the California State Prison
Director Dionisio Santiago entrusted the administration of
the Muntinlupa Juvenile Training Center (MJTC) to the RDC
through a memorandum dated June 18, 2005
the RDC is located in Camp Sampaguita, NBP
evolved into an institution that uses a modern positive
approach towards penology.
 PHILIPPINES CORRECTIONAL SYSTEM:
The Correctional System in the Philippines is composed
of six agencies under three distinct and separate
departments of the national government:

-The Department of Justice or DOJ;

-The Department of Interior and Local Government or
DILG;
-and the Department of Social Welfare and
Development or DSWD.
 Bureau of Correction
is an agency under the Department of Justice
mandated to carry out institutional rehabilitation
programs of the government for national offenders,
those sentenced to more than three years, and to
ensure their safe custody
composed of seven operating institutions strategically
located all over the country to accept national
prisoners
Mandate of the Bureau of Correction

“THE PRINCIPAL TASK OF THE BUREAU OF

CORRECTIONS IS THE REHABILITATION OF
NATIONAL PRISONERS”

Slogan:

”BRINGING BACK THE DIGNITY OF MAN”

PRINCIPLES:
1) To confine prisoners by giving them adequate living spaces as the
first conditions to be met before any effective rehabilitation
programs can be undertaken.

2) To prevent prisoners from committing crimes while in custody.

3) To provide humane treatment by affording them human basic

needs in the prison environment and prohibiting cruel methods
and provide a variety of rehabilitation program.
 PUNISHMENT
- It is the redress of the state
takes against an offending
member of society that usually
involves pain and suffering.
•PUNISHMENT- an instrument of public
justice.
It is inflicted by the group in its corporate
capacity upon one who is regarded as a
member of the same group.
a. Punishment involves pain or suffering
produced by designed and justified by
some value that the suffering is assumed to
have.
ANCIENT FORMS OF PUNISHMENT:

•Death Penalty
•Physical torture
•Social Degradation
•Banishment or Excile
•Transportation
•Slavery
 EARLY FORMS OF PRISON DISCIPLINE:
• Hard Labor
• Deprivation
• Monotony
• Uniformity
• Mass Movement
• Degradation
• Corporal Punishment
• Isolation or solitary confinement
PENALTY
It is the suffering that is inflicted by the state for
the transgression of law.

• CONCEPT OF PENALTY-
Penalty generally signifies pain; especially
considered in the judicial sphere; it means
suffering undergone because of the action of
human society, by one who commits a crime.
CONTEMPORARY FORMS OF PUNISHMENTS

1.Imprisonment
2.Parole
3.Probation
4.Fine
5.Destierro
 JUSTIFICATION OF PUNISHEMNT

1. Retribution
2. Expiation or Atonement
3. Deterrence
4. Incapacitation and Protection
5. Reformation or Rehabilitation
• THEORIES OF JUSTIFICATION OF PENALTIES:
1. Prevention. The state must punish the criminal to
prevent or suppress the danger to the state arising
from the criminal acts of the offender.
2. Self-defense. The state has the right to punish the
criminal as a measure of self-defense so as to protect
society from the threat and wrong action inflicted by
the criminal.
3. Reformation. The object of punishment in criminal
case is to correct and reform the offender.
4. Exemplarity. The criminal is punished to serve as an
example to others to deter from committing the
crime.
5. Justice. That 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.
6. Retribution. Personal vengeance
7. Expiation or Atonement. visibly or publicly for the
purpose of appeasing a social group.
8. Deterrence. punishment is to prevent others in
• THREE FOLD PURPOSES OF PENALTY UNDER THE REVISED PENAL
CODE:

1. Retribution or Expiation. The penalty is commensurate with the

gravity of the offense.

2. Correction and Reformation. A shown by the rules w/c regulates

the execution of the penalties consisting the deprivation liberty.

3. Social Defense. As shown by its inflexible severity to recidivist and

habitual delinquents.
CONSTITUTIONAL RESTRICTIONS OF
PENALTIES

Sec. 21, Art. IV, 1973 Constitution of the

Philippines. Directs that excessive fines
shall not be imposed, nor be cruel and
unusual punishment inflicted.
ORIGIN AND HISTORY OF PENALTIES OR PUNISHMENTS

Natural Law. This originated from God (natural law) to enforce the law
that laid down in His infinite wisdom and power. He also prescribed
the penalty or punishment.
Banishment/ distierro. The first penalty or punishment prescribed by
God to Adam and Eve when they disobey His order which made them
as the first criminals.
Retribution/ Personal vengeance/ Revenge.
The most common ancient justification of punishment, and this is called the
Law of Vendetta.

The Code of Hammurabi. - The oldest written penal law in Babylonia

- stopped the ancient practice of retribution or personal vengeance and
punishment became the responsibility of the state.
- This code of laws was a compilation of the laws of the Semetic tribes, and
was written on stone. It instituted the law of the Talon (Lex Taliones) w/c
means that the state would mete out punishment equally, as “an eye for an
eye or a tooth for a tooth.”
PUNISHMENT IN PRIMITIVE SOCIETY

Most common Punishments.

1. Death
a. Crucifixion
b. Beheading
c. Hanging
d. Drowning
e. Burning
2. Physical torture
a. Flogging
b. Dismemberment and starvation
c. Public humiliation
d. Branding
e. Mutilation
3. Imprisonment
a. Confinement in dungeons, galleys, hulks, jails, houses of
corrections, work houses and penitentiaries.

4. Fines and forfeiture of property

• CAPITAL PUNISHMENT

• It is the infliction of death penalty upon a person who committed a

serious crime.

• CORPORAL PUNISHMENT

• It is the infliction of physical pain upon a convicted criminal.

The Bureau of Correction and its offices:
a. Accounting Division
b. Administrative Division
c. Custodial Division
d. General Services Division
e. Prison Industries
- Agricultural division
- Industrial production division
- Sales collection division
Sections of the Bureau of Correction:
1. Psychiatric section
2. Vocational section
3. Receiving section
4. Medical correction section
5. Custodial correction section
6. Psychology section
7. Education section
8. Religion section
PROGRAMS AND SERVICES OF THE BUREAU OF
CORRECTIONS:

1. Classification
2. Custody and control of prisoners
3. Inmate Work Program
4. Health Care Services
5. Education and Skills Training
6. Recreation and Sports
7. Religious and Spiritual Guidance Program
8. Therapeutic Community Program
CLASSIFICATION:

ADMISSION:
- Documents required for the admission of new inmates:
a. Mittimus/commitment order of the court
b. Information filed by the Fiscal and court’s decision
c. Certificate of detention
d. Prison record
e. Pre – parole report and questionnaire, pre – executive clemency report
f. Detainees manifestation (RA 6127)
g. Certification from warden
h. Certification that the case is not appealed
ORIENTATION:
Reception and Diagnostic center:
- handles the orientation, diagnosis and treatment of newly arrived inmates
- during the first sixty (60) days

BuCor Classification Board – composed of the following:

Chairman :Penal Superintindent
V – Chairman :Chief RDC
Member : Medical officer, Chief Education section, Agro –
Industrial Section
Secretary : Chief Overseer
Process of Classification:

1. Diagnosis
2. Treatment Planning
3. Execution of the treatment program
4. Reclassification
Classification board will classify the inmates as to:
1. Maximum security inmates

2. Medium security inmates

3. Minimum security inmates

Classification of inmates at the BuCor:

a. Third class inmates

b. Second class inmates
c. First class inmates
d. Colonist