Correctional Administration 2 - CORAD 2 - LECTURE NOTES - BACHELOR OF SCIENCE IN CRIMINIOLOGY PDF

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Community-based approach to corrections as a way to decongest the prisons involve the Public Attorney’s Office and the National Prosecution Service effecting the immediate release of detainees either on bail or recognizance and giving priority to the trial of detainees who cannot be released on bail...

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CORRECTIONAL ADMINISTRATION (NON-INSTITUTIONAL CORRECTION) Community-based approach to corrections as a way to decongest the prisons involve the Public Attorney’s Office and the National Prosecution Service effecting the immediate release of detainees either on bail or recognizance and giving priority to the trial of detainees who cannot be released on bail or recognizance. It involves the efficient performance of the Boards of Pardons and Parole in the granting of timely release of prisoners and the effective supervision of released prisoners on parole or conditional pardon and those under probation by the Probation and Parole Administration. Probation and Parole are two forms of non-institutional or community based corrections. NON-INSTITUTIONAL CORRECTIONS refer to that method of correcting sentenced offenders without having to go to prison. ADVANTAGES OF COMMUNITY-BASED CORRECTIONS ARE: 1. Family members need not be victims also for the imprisonment of a member because the convict can still continue support his family, not to be far away from his children; 2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prison who will only influence him to a life of crime; 3. Rehabilitation can be monitored by the community thus corrections can be made and be more effective; 4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cashstrapped government. An entire bureaucracy will be eliminated which includes the salaries, benefits and perks of the officers and staff, capital outlays, operating costs, maintenance of the facilities, subsistence of inmates, and many others. TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS 1. Probation- It is a disposition whereby 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. 2. Indeterminate Sentence Law/Parole- It is that type of correctional program that enable the convicted felon after serving the 1

minimum imposable penalty may be eligible for release on parole. 3. Executive Clemency- It is the power of the Chief Executive to grant amnesty, commutation of sentence, pardons, reprieve and remit fines and forfeitures to convicted prisoners. 4. Restorative Justice Programs- It refers to the program enacted under RA 9344 for CICL’s that required to undergo after he/she is found responsible for an offense without resorting to formal court proceeding like diversion, intervention and community based programs. PROBATION- A term coined by John Augustus, from the Latin verb “Probare” which means “To prove, to test” and “Probatio” which means “Testing period”. HISTORY 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. Royal Pardons- Could be purchased by the accused; activist judges could refrain from applying statues or could opt for a lenient interpretation of them; stolen property could be devalued by the court so that offenders could be charged with lesser crime. BENEFIT OF CLERGY, JUDICIAL REPRIEVE, SANTUARY, and ABJURATION offered offenders a degree of protection from the enactment of harsh sentences. BINDING OVER FOR GOOD BEHAVIOR is 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 KATHERINE ROSE C CORTEZ, RCRIM

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this procedure, indictments were “laid on file” or held in abeyance. To mitigate unreasonable mandatory penalties, judges often granted motion to quash based upon minor technicalities or errors in the proceedings. Although these American practices were genuine precursors to probation, it is the early use of recognizance and suspended sentence that are directly related to modern probation. Two names are most closely associated with the founding of probation: Matthew Davenport Hill, an 18th century English barrister and judge, and John Augustus, a 19th century Boston bootmaker. As a young professional in England, Matthew Davenport 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. 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 track the offender’s progress and to keep a running account. MATTHEW DAVENPORT HILL- Father of Probation in England. JOHN AUGUSTUS- Father of Probation and 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 bootmaking 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 convicted that abusers of alcohol could be rehabilitated through understanding, kindness and sustained moral suasion, rather than through conviction and jail sentences. -In 1841, John Augustus attended police court to bail out a “common drunkard”, the first probationer. 2

-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. -He 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. -The first probation statute, enacted in Massachusetts shortly after his death in 1859, was widely attributed to his efforts. -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. -Probation in New York State had its official beginning in 1901. Fr. Rufus Cook- A chaplain in Boston, Massachusetts, who continued the work of Augustus after the latter’s death and employed humane but unscientific approach. The Probation Act of 1925, signed by President Calvin Coolidge, provided for a probation system in the federal courts (except in the District of Columbia). It gave the courts the power to suspend the imposition for execution of sentence and place defendants on probation for such period and on such terms and conditions as they deemed best. HISTORICAL BACKGROUND 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 Philippines Legislature on 7 August 1935. ACT 4221- THE FIRST PROBATION LAW OF 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 by the case of People vs. Vera which states that Act 4221 cause undue delegation of legislative power and violation of equal protection of the law. KATHERINE ROSE C CORTEZ, RCRIM

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In 1972, House Bill No. 393 was filed in Congress by Teodulo C. Natividad and Ramon D. Bagatsing, 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 Senate when Martial Law was declared and Congress was abolished. On July 24, 1976, Presidential Decree No. 968, also known as the Adult Probation Law of 1976, was signed into law by the President of the Philippines. Fifteen selected probation officers were sent to USA 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 3 January 1978. As more probation officers were recruited and trained, more field offices were opened. There are at present 204 field offices spread all over the country, supervised by 15 regional offices. November 23, 1989, EO 292 was promulgated which added functions of supervising prisoner under parole and pardon with parole conditions. PROBATION is a disposition whereby a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of probation officer. PD 968- THE PROBATION LAW OF 1977 -Approved on 24 July 1976. -Effectivity date is 3 January 1978. The PPA was created pursuant to Presidential Decree No. 968, as amended, to administer the probation system. Under Executive Order No. 292, the Probation Administration was renamed as “Parole and Probation Administration”, and given the added function of supervising prisoners who, after serving part of their sentence in jails are released on parole or granted conditional pardon. The PPA and the Board of Pardons and Parole are the agencies involved in the non-institutional treatment of offenders.

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PD 603- The Child and Youth Welfare Code of 1974 that provides probation for minors below the age of 18. AMENDATORY LAWS OF PD 968 PD 1257- Effectivity date, 01 December 1977; amended the period within which application for probation must be made. BP 76- Effectivity date, 13 June 1980; amended the maximum penalty for qualification for probation. PD 1990- Effectivity date, 15 January 1986; amended BP 76 back to original form and made probation and appeal exclusive remedies. RA 10707- New Probation Law of 2015. Application can now be made after the appellate decision. PROBATIONER/CLIENT -Is a person placed on probation. PROBATION OFFICER (Now Parole and Probation Officer) -Is one who investigates (PSI) for the court a referral for probation or supervises a probationer or both. FORERUNNERS OF PROBATION 1. BENEFIT OF CLERGY This originated in a compromise with the Church which had maintained that a member of the clergy brought to trial in a King’s Court might be claimed from that jurisdiction by the bishop or chaplain representing him, on the ground that he, the prisoner, was subject to the authority of the ecclesiastical courts only. 2. JUDICIAL REPRIEVE This is a temporary withholding of sentence, either before or after judgment, as where the judge is not satisfied with the verdict, or evidence is suspicious, or indictment is insufficient, or he us doubtful whether the offense be within the clergy, or sometimes if it be a small felony, or any favorable circumstances appear in the criminal’s character. 3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR) It originated as a measure of preventive justice, involving the release of the person accused of committing a crime to the custody of a person of reputable character, who shall have the responsibility of bringing the accused to court whenever the court requires. 4. TRANSPORTATION

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This was chiefly a way of ridding the country of criminals; it later developed as a plan for supplying new colonies with cheap labor. It was also an attempt to substitute for brutal punishment at home and an opportunity for rehabilitation in a new country. IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION John Augustus -Father of Probation in the US. -American pioneer of probation. -The first true probation officer. Fr. Rufus Cook -The successor of John Augustus that continued that latter’s work on probation in Boston. Matthew Davenport Hill -Is considered as the Father of Probation in England. Teodulo C. Natividad -Father of Philippine Probation. -Primary author of HB 393 that later on became PD 968. -Co-authored by Cong. Ramon Bagatsing. In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was challenged because of the following grounds: a. The said act encroaches upon the pardoning power of the executive. b. That is constitute an undue delegation of legislative power. c. It denies the equal protection of the laws. SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION 1. A more enlightened and humane correctional system. 2. To promote the reformation of offenders. 3. Reduction of the incidence of recidivism. 4. Extending to offenders’ individualized and community-based treatment programs instead of imprisoning them. 5. Limited to offenders who are likely to respond thereto favorably. 6. The method is less costly than confinement. PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM 1. There is no single cause for delinquent behavior. Human beings are extremely complicated. 4

2. Delinquent and criminal acts are symptoms of a more serious underlying condition. 3. That the individual has the ability to change and to modify his anti-social behavior with the right kind of help. 4. The Central goal of the Probation Administration is to enhance the safety of the community by reducing the incidence of criminal acts by persons previously convicted. 5. This is of course not to say that probation should be used in all cases, or that will always produce better results. 6. By the same token, however, it is to say that probation is a good bit more than the “matter of grace” or “leniency” which characterizes the philosophy of the general public and of many judges and legislators on the subject. 7. Imprisonment as a sole cure for prevalence of crime is no longer recognized. 8. It is generally conceded that probation is a matter of privilege to be granted or refused at the discretion of the State. 9. No violation should result in automatic revocation. 10. A judge should not pass judgment on a man without a post sentence investigation report (PSIR). BENEFITS OF PROBATION a. Probation Protects Society 1. From the excessive costs of detention. 2. From the high rate of recidivism of detained offenders. b. Probation Protects the Victim 1. It provides restitution. 2. It preserves justice. c. Probation Protects the Family 1. It does not deprive the wife and children of husband and father. 2. It maintains the unity of home. d. Probation assists the Government 1. It reduces the population of prisons and jails. 2. It lessens the clogging of courts. 3. It lightens the load of prosecutors. 4. It sustains law enforcement. e. Probation Helps the Offender 1. It maintains his earning power. 2. It provides rehabilitation in the community. 3. It restores his dignity. f. Probation justifies the Philosophy of Men 1. That life is sacred. 2. That all men deserve a second chance. 3. That an individual can change. KATHERINE ROSE C CORTEZ, RCRIM

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4. That society has a obligation to lift the fallen.

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ADVANTAGES OF PROBATION a. Probation prevents crime by offering freedom and aid only to those offenders who are likely to assault the society again. b. It protects the society by placing under close supervision non-dangerous offenders while undergoing treatment and rehabilitation in the community. c. It conforms to modern humanistic trends in penology. d. It prevents youthful or first time offenders from turning into hardened criminals. e. It is a measure of cutting enormous expense in maintaining jails. f. It reduces recidivism and overcrowding in jails and prisons. g. It reduces the burden on the police forces and institutions of feeding and guarding detainees. h. It gives the first and light offenders a second chance in life and provides as opportunity for the reformation of a penitent offender. i. It makes the offender productive or taxpayers instead of tax eaters. j. It restores to successful probationers his civil rights. k. It has been proven effective in developing countries that have adopted it. SUSPENSION OF EXECUTION OF SENTENCE The court convicts and sentences the defendant but the execution of the sentence, whether it imposes a term of imprisonment or a fine only, is suspended and the defendant is released on probation. PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT Probation is not demandable as a matter of right. It is a privilege. Its grant depends upon the discretion of the court. But, it will be declared as a right if the applicant is a minor stated under RA 9344 and it will also become a right when the probation order is already released by the court. NECESSITY OF APPLICATION Probation may not be granted except upon application of the defendant. TIME FOR APPLICATION The law says that the application for probation should be made within the period for perfecting an appeal or within fifteen (15) 5

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EFFECT ON APPEAL The filing of application for probation shall be deemed a waiver of the right to appeal. In such case the accused cannot, even by withdrawing his application for probation, reinstate his appeal or right to appeal. RA 10707 PROBATION LAW OF 2015 No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction: Provided, that when a judgment of conviction imposing a nonprobationable penalty is appealed or reviewed, and such judgment is modified through the imposition of a probationable penalty, the defendant shall be allowed to apply for probation based on the modified decision before such decision becomes final. EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL There is nothing in the Probation Law which indicates that the defendant’s right to move for a reconsideration of the judgment of conviction, or his right to ask for new trial, is waived or suspended by his application for probation, or that such application has the effect of an automatic withdrawal of a pending motion for reconsideration or new trial, although there is likewise nothing in the law which suggests that the filing of the application for probation interrupts the running of the period for reconsideration or new trial. FORM OF APPLICATION The law does not prescribe any particular form and therefore it may be in any form, written or oral. For recording purposes, however, oral applications should be reduced to writing. POST SENTENCE INVESTIGATION The Probation Law provides “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.” The probation officer shall submit to the court the investigation report on an KATHERINE ROSE C CORTEZ, RCRIM

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applicant not later than sixty (60) days from receipt of the order of the said court to conduct the investigation. The court shall resolve the petition for probation not later than fifteen (15) days after receipt of said order. DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR INVESTIGATION However, there is nothing in the law which requires that such an investigation should be conducted in every case as an essential condition before the court may deny an application for probation. COURT MAY ORDER INVESTIGATION SO LONG AS APPLICATION IS NOT SERVING SENTENCE If there is an application and the defendant does not appear to be disqualified, the court may order such investigation only after a sentence of conviction by the trial court...