Correctional Administration 2 Non-institutional correction PDF

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CORRECTIONAL ADMINISTRATION 2 -Non-Institutional Correction - Refers to the use of variety of officially ordered program based sanctions that permit convicted offender to remain in the community under supervision as an alternative to active imprisonment. Non-Institutional Correction - Non- Instituti...

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CORRECTIONAL ADMINISTRATION 2 -Non-Institutional Correction •

Refers to the use of variety of officially ordered program based sanctions that permit convicted offender to remain in the community under supervision as an alternative to active imprisonment.

Non-Institutional Correction •

Non- Institutional Correction refers to that method of correcting sentenced offenders without having to go in prison.

17. These refers to the method of correcting sentenced offenders without having to go in prison. A. Amnesty B. Non-institutional

C. Institutional D. Pardon

The Goals of Community Correction Programs Community correction programs are integrated sanctioning strategies that seek to achieve the following goals: •

The offender is punished and held accountable.

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Public safety is protected.

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Victims and local communities receive restitution from felons who work in their present jobs and/or in restitution programs.

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Community service work increases.

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Collection of court costs and fees increases due to contractual agreements with offenders who remain in their present jobs.

INTRODUCTION TO COMMUNITY-BASED CORRECTIONS •

Not all convicted offenders have to serve their sentence behind bars. Some are allowed to stay in the community, subject to conditions imposed by the government. They are either granted Probation, Parole, Conditional Pardon or Recognizance. Non-institutional corrections refer to that method of correcting sentenced offenders without having to go to prison. Advantages of community-based corrections are:

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Family members need not be victims also for the imprisonment of a member because the convict can still continue to support his family, not to be far away from his children;

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Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prisons who will only influence him to a life of crime;

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Rehabilitation can be monitored by the community, thus corrections can be made and be more effective; and

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Cost of incarceration will be eliminated which is extremely beneficial especially to a cashstrapped government.

The Popularity and Growth of Community-based Programs Nationwide is based on the Five (5) Factors: •

The programs provide closer supervision than regular probation sentence.

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Major cost savings compared to full incarceration.

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Flexibility for judges to sentence to community correction programs instead of incarceration in a jail or prison.

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A more gradually re-entry into community life after prison or jail time; and

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Less overcrowding in jails and prisons.

What are the Advantages of Community-Based Corrections? •

Family members need not be victims also for the imprisonment of member because the convict can still continue to support his family, not to be far away from his children;

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Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prisons who will only influence him to a life of crime;

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Rehabilitation can be monitored by the community thus corrections can be made and more effective;

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Cost of incarceration will be eliminated which is extremely beneficial especially to a cashstrapped government.

18. He introduced a progressive humane system to substitute for corporal punishment, known as the “Mark System”. A. Manuel Montesimos B. Pope Innocent II

C. Alexander Macanochie D. Domets of France

NOTABLE PERSONALITIES Capt. Alexander Maconochie (Father of Parole)) •

The Superintendent of a penal colony at Norfolk Island in Australia who introduced a progressive humane system to substitute for corporal punishment.

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He developed a Mark System whereby a convict could earn freedom by hard work and good behavior. This put the burden of release on the convict. Elam Lynds

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Warden of the Auburn and later of Sing Sing (which he built), was one of the most influential persons in the development of early prison discipline in America.

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He is described as having been a strict disciplinarian Ellen Cheney Johnson).

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American prison reformer, founded the New England Women’s Auxiliary Association to the United States Sanitary Commision, worked with homeless and vagrant women after the Civil War through the Dehham Asylum for Discharged Female Prisoners. Frederick-Auguste Demetz).

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He was famous for the establishment of agricultural colony for delinquent boys in France in 1839.

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J. Edgar Hoover First director of Federal Bureau of Investigation

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Jean Jacques Villian).Father of Penitentiary Science

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John Augustus “Father of Probation” in the United States because of his pioneering efforts to campaign for more lenient sentences for convicted criminals based on their backgrounds.

Sir Evelyn Ruggles Brise •

He was the first Director of Federal Bureau of Prisons –He was a Director of English Prisons and after visiting Elmira in 1897, he established the Borstal Institution near Rochedi, in Kent. The Borstal Institution of England became the earliest best reform institution for young offenders .

Sir Walter Crofton •

Chairman of the Director of Irish prisons. In 1856, Crofton introduced the “Irish System”, later on called the progressive stage system .

Zebulon R. Brockway •

In 1876, the New York State Reformatory at Elmira was established with Brockway as Superintendent. Brockway introduced in Elmira a new institutional program for boys from 16 to 30 years of age ,.

19. Mrs. Delims was given an executive clemency by Chief Executive which changes her heavier sentence to a less serious one or a longer term to a shorter term. This executive clemency refers to what? A. Amnesty B. Commutation

C. Pardon D. Reprieve

Board of Pardons and Parole •

-was created pursuant to Act No. 4103, as amended. It is the intent of the law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty.

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The Board of Pardons and Parole, an agency under the Office of the Secretary of Justice.

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Functions

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To grant parole to qualified prisoners;

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To recommend to the President the grant of pardon and other forms of executive clemency;

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To authorize the transfer of residence of parolees and pardonees, order their arrest and recommitment, or grant their final release

EXECUTIVE CLEMENCY •

CLEMENCY

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Simply means LENIENCY or MERCY

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Considered to be AN ACT OF GRACE

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It is NOT a RIGHT but rather a PRIVILEGE

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EXECUTIVE CLEMENCY

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is the power of a PRESIDENT in state convictions

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It is an executive function and NOT a function of judiciary.

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It is also a non-delegable power and it can only be exercised by the PRESIDENT of the PHILIPPINES personally.

Basis for Grant of Executive Clemency •

The BPP recommends to the President the grant of executive clemency when any of the following circumstances are present:

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The trial or appellate court recommended in its decision the grant of executive clemency for the prisoner.

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Under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime committed

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Offender qualifies as a youth offender at the time of the commission of the offence

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Prisoner is seventy (70) years old and above

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Prisoner is terminally-ill

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Alien prisoners where diplomatic considerations and amity among nations necessitate review and

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Other similar or analogous circumstances whenever the interest of justice will be served thereby

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Applications for Executive Clemency will not be favourably Acted Upon by The Board of Pardon and Parole when: Convicted of evasion of service of sentence;

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Who violated the conditions of their conditional pardon;

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Who are habitual delinquents or recidivists;

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Convicted of kidnapping for ransom;

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Convicted of violation of the Dangerous Drugs Act of 1972 and the Comprehensive Dangerous Drugs Act of 2002;

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Convicted of offences committed under the influence of drugs

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Those release from prison may constitute a danger to society.

Issues Confronting the Philippine Corrections System •

Overcrowding of Certain Prison Institutions/Jails

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Fragmented Set-Up of the Corrections System

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Lack of Information Technology Systems and Expertise

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Lack of/Inadequate Training - lack of awareness and understanding by some prison/jail officials and staff on the rights of inmates

Executive Clemency shall refer to the following: •

Pardon

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Amnesty

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Reprieve

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Commutation of Sentence

PARDON Absolute and Conditional •

Pardon- is a form of executive clemency granted by the president of the Philippines as a privilege extended to a convict as a discretionary act of grace. Neither the legislative nor the judiciary branch of government has the power to set conditions or establish procedures for the exercise of the Presidential prerogative.

Two Kinds of Pardon •

Absolute Pardon

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Conditional Pardon

Absolute Pardon •

It is given without any condition attached to it. Its grants carries with total extinction of criminal liability and designed for the following purposes:

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To do away with miscarriage of justice

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To restore full political and civil rights of persons who have already served their sentence.

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To keep abreast with current philosophy in the administration of the criminal justice system.

Conditional Pardon •

Refers to the exemption of an individual, within certain limits or conditions; from the punishment that the law inflicts for the offense he has committed resulting in the partial extinction of his criminal liability.

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It is also granted by the President of the Philippines to release an inmate who has been reformed but is not eligible to be released on parole.

Limitations on the Pardoning Power •

Pardon cannot be extended to cases of impeachment.

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No pardon may be granted in violation of any election law without favorable recommendations by the Commission on Election.

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It may only be granted by the President after convicted.

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Conditions of Pardon

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The pardonee should live in his designated residence and shall not change his residence without obtaining consent from the board.

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In cases of temporary need to leave the pardonee residence, no permission is required but the whereabouts should be given to the parole/ pardon officer.

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The pardonee shall not indulge in any injurious or vicious habits and shall avoid persons and places of disreputable character.

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That the pardonee shall not commit any crime.

Minimum Requirements for the Petition of Pardon •

For Absolute Pardon:

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Ten (10) years must have elapsed from the date of release of the petitioner from confinement or confinement or ;

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Five (5) years from the date of expiration of his maximum sentence, whichever is more beneficial to him.

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However the Board may consider a petition for absolute pardon even before the grant of final release and discharged under the provisions of sec 6, Act no. 4103 as amended when the petitioner:

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Is seeking an appointive/elective public position or reinstatement in the government service;

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Needs medical treatment abroad which is not available locally;

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Will take any government examination

The petition for absolute pardon shall be accompanied by the following requirements: •

1.) Affidavits of at least two (2) responsible members of the community where the petitioner resides. The affidavits shall, among others, state that the petitioner has conducted himself a moral and law-abiding manner since his release from prison and shall indicate the petitioner's occupation and the community service he has rendered, if any, and

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2.) The clearances from the police, courts and prosecutors office where the petitioner resides.

16. The conditional pardon for a petitioner must have serve at least ______ of the minimum of his indeterminate sentence. A. 1/2

B. 1/6

C. 1/7

D. ¼

For Conditional Pardon •

The petitioner must have served at least one-half of the minimum of his indeterminate sentence for the following portions of his prison sentence:

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At least two (2) years of the minimum sentence if convicted of murder or parricide but not sentenced to reclusion perpetua.

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At least one (1) year of the minimum sentence if convicted of Homicide.

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At least nine (9) months if convicted of frustrated homicide;

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At least six (6) months if convicted of attempted homicide.

81. When the prisoner is pardoned under certain administrative requirements like reporting monthly to a judge for a certain number of years. A. Situational Pardon B. Pardon

C. Absolute Pardon D. Conditional Pardon

37. Following category of prisoners shall not be considered for conditional pardon EXCEPT; A. The petitioner is eligible for parole

B. The petitioner had been sentenced to another prison within 1 year from the date of his last recommitment to the jail. C. The prisoner is suffering from mental illness. D. At least (2) years of the minimum sentence if convicted of murder or parricide but not sentenced to reclusion Perpetua. However, the following category of prisoners shall not be considered for conditional pardon: 1. The petitioner is eligible for parole; 2. The petitioner had been sentenced to another prison term within one (1) year from the date of his last recommitment to the jail or prison from where he escaped; 3. The prisoner is suffering from mental illness or disorder as certified by a government psychiatrist; and 4. The prisoner had violated a conditional pardon, which was previously granted before the expiration of his maximum sentence. In petition for Pardon, the Director of Corrections shall forward the prison record and carpeta of a prisoner/petitioner to the Board of Pardons and Parole within the following periods: •

Absolute Pardon- within one (1) month from receipt by the director of the request made by the Board for the prison record and carpeta;

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Conditional Pardon- at least one (1) month before the expiration of one-half (1/2) of minimum period of the prisoner’s indeterminate sentence and in special cases, at least one (1) month before the periods the petitioner becomes qualified.

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A petition for the grant of either absolute or conditional pardon shall be favorably endorsed to the Board by the Secretary of National Defense if the crime committed by the petitioner is against national security such as rebellion, subversion, or sedition; or by the Commission on Elections, in case of violations of any election laws, rules and regulations.

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An application for Executive Clemency shall not be considered during the pendency of an appeal filed by the petitioner from the judgment of conviction.

44. What refers to the deferment of the implementation of the sentence to an interval time? A. Amnesty

C. Pardon

B. Probation

D. Reprieve

REPRIEVE

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Like Pardon, Reprieve is also another prerogative exercised by the President of the Philippines. Generally, it is applied to death sentences already affirmed by the Supreme Court.

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It is the temporary stay of the execution of sentence. In death sentences, the date of execution of the death convict is held in abeyance for a certain period to enable the Chief to temporarily stay execution of sentence.

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Like Pardon, the President can only exercise reprieve when the sentence has become final.

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Generally, reprieve is extended to death penalty prisoners.

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The date of execution of sentence is temporarily postponed indefinitely to enable the Chief Executive to thoroughly study the petition of the condemned man for commutation of sentence or pardon.

COMMUTATION of SENTENCE •

Commutation of Sentence shall refer to the reduction of the duration of prison sentence. It is another prerogative of the president.

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It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term.

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Death sentences or life imprisonment is reduced to a shorter sentence.

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Commutation does not forgive the offender but merely reduces the penalty of life imprisonment or death sentence for a term of years.

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Commutation of sentence also benefits inmates sentenced to a fixed or determinate sentence, which renders him or her ineligible for parole.

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Commutation of sentence changes the original fixed sentence to a lesser indeterminate sentence, which will then enable the beneficiary to be released on parole.

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Commutation is also appropriate to use with convicts sentenced to several counts. The sentence may be commuted to one single indeterminate sentence through commutation and rendering the recipient to avail of parole after serving the minimum sentence.

Minimum Requirements of Commutation of Sentence; •

A petitioner shall be eligible for the grant of commutation if he meets the following minimum requirements:

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The petitioner must have served at least one-third (1/3) of his definite sentence, or the following portions of his prison sentence consisting of reclusion Perpetua (life imprisonment):

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At least ten (10) years if convicted of robbery with homicide, robbery with rape or kidnapping with murder;

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At least twelve (12) years if given two (2) or more sentences for reclusion Perpetua;

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At least twenty (20) years in case of one (1) death sentence which was automatically commuted to reclusion Perpetua; and

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At least twenty-five (25) years in case of tw...