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CORRECTIONAL ADMINSITRATION

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

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3. Disfiguration
4. Maiming.

Public humiliation and shaming were effected by


1. the use of stocks and pillery
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

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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 pocketers 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

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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 Minnesotta 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.

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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.

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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.

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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 a 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:

1. That man is a free moral agent, and that every act of man is of his free will and accord;
2. That every man is therefore responsible for his acts;
3. That crime can be expiated only by punishment and
4. That the law, not the judge, should determine the punishment to be attached to the criminal
act, and should provide a scale of punishments to be applied equally to all persons
committing the same crime.

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.

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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.

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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.

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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 lengthystayof 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

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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

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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 head quarters 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

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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

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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.

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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.

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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.

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

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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

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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

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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

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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

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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

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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.

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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.

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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

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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

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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

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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 institution. 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
.
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.

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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 treatment
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 offenders 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 research 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 treat ment 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.

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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

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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 commit-
ment 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 de-
posited 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.

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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.

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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 duplicating process.
Copies are required not only for the classification committee but also after the reception period for

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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 Reception 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 Classification 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

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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

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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 in mate
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 speci-


fically 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 psychological 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.

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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 deter-
mine 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.

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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 indivi dual 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 offender 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 realization 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.

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In the United States there emerged six systems of prison labor, aside from agriculture. 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.

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

Penologists and prison administrators believe that the principal value of employment 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

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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."

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.

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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.

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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 hi 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.

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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.

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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

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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.

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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.

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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”

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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.

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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, windows
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 immediately 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

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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 guid ance 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

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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 move-


ment 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 pri-
soners 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 respon-
sibility 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


carefully studied. His social, psychological, psychiatric data prior criminal history ad-
justment to his institutional program and disciplinary history must be carefully ex -
amined to see what kind of person he is, what can reasonably be expected of him and

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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 commit-
ted 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
important 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 institu tion
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 prog rams, 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 avail-
able for reference to the prisoners as well as the staff at all times. The rules and re -
gulations should be stated in as simple a language as possible to be understood by
every prisoner.

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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 psycho -
logist 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 convicted 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

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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.

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 professional


vocational counseling. Involved here is a technical specialty within the general counseling field,

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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 correctional
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 administrative 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)

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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

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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

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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.

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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

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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 onanism; 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 "norrnal" 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,

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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

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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.

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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.

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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 effected 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

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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.

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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,

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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.

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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.

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.

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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.

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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.

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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.

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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.

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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.

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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 Jail Guards Chief of the BJMP
JO1

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

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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

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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.

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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 .

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

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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.

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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

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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

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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 not 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

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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:

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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

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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.

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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.

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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

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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

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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

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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.

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 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 per sonnel 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 admission 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.

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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 discouraged, 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.

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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 classification
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.

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 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 summary 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 prisoners 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: res -
ponsibility, 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.

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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.

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 problems 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

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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 Regulational 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, regulational 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.

Regulational Aspect of Parole Supervision

The regulational 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 following 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

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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 unlaw fully taken
from the victim must be returned.

2. Supporting Dependents. Society expects every one 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 main tain
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 regulation 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 require the parolee to submit a completed form, giving pertinent data on residence
address, employment data, savings, leisure-time activities, family situations, associates,

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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.

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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 possi -
bility 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 intensive
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 discussed 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 jurisdictions 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

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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 example 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 history 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:

1. The Manipulative techniques;


2. The Executive techniques; and
3. 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.

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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 em-
ployers 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 administration 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

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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 insight 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.

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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 advisor
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.

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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.

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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 prisoners 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.

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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.

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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

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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.

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 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

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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

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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.

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 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.

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 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.

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 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.

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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

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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:

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 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

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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

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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

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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.

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 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.

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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

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“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

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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.

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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.

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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 an 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

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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.

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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 junglelike
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 can not 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

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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.

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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).

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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).

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