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UNIVERSITY OF CAGAYAN VALLEYBalzain West, Tuguegarao CitySCHOOL OF CRIMINOLOGYName of Student: Year and Block: Subject: Non-Institutional Correction Instructor: Module No. 1 – Prelim Coverage Title: Probation IntroductionOverview: - History of Probation - Probation Terminologies - Purpose of Probati...

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UNIVERSITY OF CAGAYAN VALLEY Balzain West, Tuguegarao City SCHOOL OF CRIMINOLOGY

Name of Student: Year and Block: Subject: Non-Institutional Correction Instructor: Module No. 1 – Prelim Coverage Title: Probation Introduction Overview: - History of Probation - Probation Terminologies - Purpose of Probation - Disqualified Offenders - PSIR Introduction: Corrections as the fourth pillar of Criminal Justice System, perform a very important role in the life of the offenders. The offenders’ reformation, whether it is a success or not, can be determined when he returns in the community. There are two forms of corrections that are being utilized in the reformation of offenders, the institution-based and the community-based. The institution-based use jails or prison for the rehabilitations of the offender. On the other hand, the community-based corrections, that comprised of pardon, parole, probation, and other executive clemencies, can be used as an alternative or extension of sentence or program of the offenders. Learning Outcomes: -

Discuss the importance of community-based corrections Relate the history of probation Discuss the importance of probation Discuss the importance of PSIR

Learning Objectives: - The students will understand the role of non-institutional corrections in the reformation of the offenders.

CORRECTION – The branch of the administration of Criminal Justice charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders. The dual purposes of Correction are: (1) to punish and (2) to rehabilitate the offender. Punishment is the redress that the state takes against an defending member of society that usually involves pain and suffering. It is also the penalty imposed on an offender of a crime or wrongdoing.

Penology is the study of punishment for crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders. It is a term derived from the Latin word “POENA” which, means pain or suffering.

Penology is also otherwise known as Penal Science. It is actually a division of criminology that deals with prison management and the treatment of offenders, and concerned itself with the philosophy and practice of society in its efforts to repress criminal activities.

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NON INSTITUTIONAL CORRECTIONS TWO (2) FORMS OF CORRECTION 1. Institutionalized Correction – The rehabilitation of offenders in jail or in prison. 2. Non-institutionalized Correction (Community-Based Correction) – Refers to correctional activities that may take place within the community. They are in the forms of Probation, Parole, Conditional Pardon, Community works. Concept: Community-based corrections include all correctional activities that take place in the community. It embraces any correctional activity in the community that directly addressed to the offender and aimed at helping him to become a lawabiding citizen. PURPOSE: -focuses on modern community correctional programs of rehabilitation, to the exclusion of punishment, deterrence and incapacitation of criminal offenders. ADVANTAGES: 1. Family members need not to be victims also for the imprisonment of member because the convict can still continue to support his family 2. 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 a 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 cash-strapped government. FORERUNNERS OF PROBATION: Probation was first legally established in the United States, but to trace its origins, it is important to know the earlier schemes for humanizing criminal justice under the common law of England. These procedures were found in the laws and customs of England and were adopted by the colonists who settled in the eastern shores of United States. Probation as a practice is believed to have been the product of the following olden practices.

1. Benefits of the Clergy - Dating back to the reign of HENRY III the 13th century. it 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 by the bishop or chaplain representing him on the ground that the prisoner was subject to the authority of the ecclesiastical court only. 2. Judicial Reprieve – Judicial reprieve is a device of modifying the severity of the law, by temporary suspension of the sentence. This practice was much used by the early English judges and grew up at a time when new trials or appeals to

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NON INSTITUTIONAL CORRECTIONS another court were impossible under the common law, but it continued in use thereafter. Early in the 17 th century with the establishment of settlement in America, English Courts began to grant reprieves to prisoners under sentence of death on condition that they accept DEPORTATION. 3. Recognizance – This is an OLDER method of suspending or deferring judgment, FOR GOOD BEHAVIOR. This was based in an ancient practice developed in England in the 14th century. It originated as a MEASURE OF PREVENTIVE JUSTICE, INVOLVING AN OBLIGATION OR PROMISE, SWORN TO UNDER COURT ORDER by a person NOT YET CONVICTED but though likely from the INFORMATION before the court to have commit a crime, that he would KEEP THE PEACE AND BE OF GOOD BEHAVIOR. It is the direct ancestor of probation.

The earliest recorded use of recognizance in the United States occurred in 1830 in a Massachusetts courtroom in the case of the COMMONWEALT VS. CHASE. Presiding Judge OXENBRIDGE THATCHER of the Municipal Court of Boston set forth the nature of recognizance:

4. Banishment/Transportation – This is a form of punishment which is done by indenturing the convicts to penal colonies where they serve as slave until they completed their service of sentence. 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.

FOUNDERS OF PROBATION:

1. JOHN AUGUSTUS (Boston, Massachusetts). A Boston shoemaker traditionally known as initiator of probation process. He coined the term probation and is viewed as its founder. He was later called the “Father of Probation”. The first American probation officer who developed several features that later became he characteristics of the probation system. 2. MATTHEW DAVENPORT HILL (Birmingham, England) – An English Lawyer who had introduced the practice of suspending sentence and releasing the offender under supervision in England. He was later called the “Father of Probation in England”.

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NON INSTITUTIONAL CORRECTIONS 3. TEODULO C. NATIVIDAD – Co-sponsored house bill no. 393 entitled “An Act Establishing Probation in the Philippines: Providing probation Officers therefore and for Other Purposes.” He is known as the “Father of Probation in the Philippine”. -

HISTORICAL BACKGROUND OF PROBATION LAW IN THE UNITED STATES

While the theory of probation can be traced to the long standing custom of the ANGLOI-AMERICAN COURTS to suspend judgment in certain cases, In PRACTICE it originated it in 184. When JOHN AUGUSTUS, A BOSTON shoemaker, was interceding with courts to suspend the sentence of youthful offenders and alcoholics and AGREED TO SUPERVISE THE BEHAVIOR OF THESE OFFENDSER IN LIEU OF PRISON TERM placing them in his charge. By the time he died in 1859, he had made himself responsible for nearly 2000 persons.

At about 1870, FATHER COOK, also of Boston, became interested in youth who were tried before in courts in and whose cases were due to circumstances rather than character. After investigating each case and finding the offender not too hardened and still susceptible

to reform, he made himself available to the court as adviser to these offenders. Judges realize the importance of his work in reform of the young criminals so that they placed convicted young offenders under his charge in 1878.

the first probation law was passed by the legislature of Massachusetts and signed into law by GOVERNOR ALEXANDER B. RICE on April 26, 1878. the first statute provided for a paid probation officer for adult offenders. and it provided for the appointment and prescribed the duties of a salaried or paid probation officers for the courts.

EDWARD H. SAVAGE, an Ex-chief of police of Boston, was named probation officer, thus becoming the first probation officer employed by the government or first paid probation officer. In 1891, Massachusetts was followed by other states.

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NON INSTITUTIONAL CORRECTIONS March 4, 1925, all but six of the states in the United States, the district of Colombia and federal government had probation. The federal probation act of 1925 became law on March 04, 1925. it was signed into law by PRESIDENT CALVIN COOLIDGE.

HUBER LAW (1913) A United states LAW in WINSCONSIN permitting prisoners not so dangerous to society to be gainfully employed during the day while residing in jail. FLASH SHEET – Probation Officer shall notify all police agencies by sending a note that Probationer is under his supervision.

SURSIS (1888-1891) A unique probation method was introduced in France and Belgium which provided a probation with no supervision on the condition that no further offense will be committed within a prescribed period. INSTITUTIONAL CORRECTION - That aspect of the correctional enterprise that involves the incarceration and rehabilitation of adults and juveniles convicted of offenses against the law, and the confinement of persons suspected of a crime awaiting trial and adjudication. The rehabilitation of an offender. NON-INSTITUTIONAL CORRECTION (Community-Based Correction) - That aspect of the correctional enterprise that includes pardon, probation, and parole activities, correctional administration not directly connectable to institutions, and miscellaneous (activity) not directly related to institutional care. CORRECTION ENTITIES/AGENCIES OF THE GOVERNMENT For Institutional-Based Corrections 

Bureau of Corrections

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Bureau of Jail Management and Penology



Local Government Units (Provincial Jails)

For Non-Institutional-Based Corrections 

Parole and Probation Administration (Administrator)

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Board of Pardons and Parole (DOJ) (Secretary of Justice)



Department of Social Welfare and Development (Secretary)

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NON INSTITUTIONAL CORRECTIONS LINKAGES OF THE ADMINISTRATION WITH THE COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM 1. The Administration and the Philippine National Police - With prior arrangement between the PNP and the Probation and Parole Officers, the former may conduct surveillance on probationers, parolees and conditional pardonees within its jurisdiction and monitor their activities to the Parole and Probation Authorities. 2. The Administration and the Prosecution -

The Prosecution Office is one of the primary sources of information of the Administration in the preparation of the reports as may be required by the Courts in various probation processes and/or Board, in case of pre-parole/executive clemency investigation.

Example of information: a. Type of offenses committed b. The circumstances surrounding its commission c. The prosecutor’s insight into the character and behavior of the offender he had dealt with. 3. The Administration and the Courts - The linkage is expressly provided for by law. Under P.D. 968, the Administration plays a supportive role to the Court. It assists the court in determining who should be granted probation as well as in the modification of the terms and conditions thereof and in the revocation and or/termination of probation granted to a probationer. 4. The Administration and the Correctional Institutions -

It has established Extension Offices for the same purposes in most of the correctional institutions in this jurisdiction.

5. The Administration and the Community - It needs the full cooperation of the community or society which includes VPAs (Volunteer Probation Aides) THE ROLE OF COMMUNITY CORRECTIONS IN THE CRIMINAL JUSTICE SYSTEM Defining the Scope of Community Corrections Community corrections: is a sanction in which offenders serve some or all their sentence in the community. Community sentence seeks to:

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NON INSTITUTIONAL CORRECTIONS 1. Repair the harm the offender has caused the victim or the Community 2. Provide for public safety 3. Rehabilitate and promote effective reintegration PROBATION -

Coined by John Augustus is derived from Latin word “ Probare” meaning to prove, to test. It involves the testing of an offender as he proves that he is worthy of his freedom.

SHOCK PROBATION OR SHOCK IMPRISONMENT -

A variation on the concept of probation in U.S. It allows the sentencing judge to impose the legal sentence and order incarceration of the offender, only to recall him after a brief legislatively defined period of imprisonment (in Ohio a maximum of 130 days).

SPLIT SENTENCING -

It is similar to shock probation and is found in the federal courts. The offender is actually sentenced to a term in prison, but is notified in advance that, after a given brief period of satisfactory behavior, he can serve the remainder of his sentence on probation. - sentence under which the defendant serves up to half of his term of imprisonment outside of prison. HISTORICAL CONTEXT OF PROBATION Two names are most closely associated with the founding of probation: 1. Matthew Davenport Hill, an 18th century English barrister and judge. 2. John Augustus, a 19th Century Boston boot-maker and a shoe maker.

Matthew Davenport Hill 

As a young professional in England, Hill had witnessed the sentencing of youthful offenders to one-day terms on the condition that they are 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 track the offender's progress and to keep a running account. John Augustus

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NON INSTITUTIONAL CORRECTIONS          

  

John Augustus, the "Father of Probation," is recognized as the first true probation officer. Augustus was born in Woburn, Massachusetts, in 1785. 1829- he was a permanent resident of Boston and the owner of a successful boot-making business. Joined Washington Total Abstinence Society 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. Augustus thus began an 18-year career as a volunteer probation officer. 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. 1843, Augustus broadened his efforts to children when he took responsibility for two girls, ages eight and ten, and an 11-year-old boy, all of whom had been accused of stealing. 1846, he had taken on the supervision of about 30 children ranging from nine to 16 years old. In his own words he describes his ongoing work with children before the court: 1847, he bailed nineteen boys, from seven to fifteen years of age, and in bailing them it was understood, and agreed by the court, that their cases should be continued from term to term for several months, as a season of probation; thus each month at the calling of the docket, he would appear in court, make his report, and thus the cases would pass on for five or six months. At the expiration of this term, twelve of the boys were brought into court at one time, and the scene formed a striking and highly pleasing contrast with their appearance when first arraigned. 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. Died on June 21, 1859

IMPORTANT DATES TO REMEMBER          

1859- The first probation statute, enacted in Massachusetts shortly after Augustus death, was widely attributed to his efforts. 1878- the law was passed providing for the appointment of a Probation officer for the City of Boston. 1891- the law of Massachusetts was passed, that law requiring all criminal courts of the State of Massachusetts to employ probation officers. 1897 – Massachusetts became the 1st state enact and adopt “Parole of Convicted Persons Law” 1898 – Vermont became the 2nd state to enact a real probation law. 1899- The first juvenile court was established in Chicago. Formalization of the concept of Intake is credited to the founders of the Illinois juvenile court 1899 Rhode Island followed as the 3 rd state to enact a real probation law. A complete stateadministered system appeared first here. Minnesota and Illinois enacted laws giving probation service to children only. 1900 – New Jersey joined the other states and the 4 th state to pass a general probation law after the New England Model. Also New York became the fifth state to provide for adult probation. May 19, 1924 – the Probation Bill was placed on the Unanimous Consent Calendar and three (3) objections were tabled. However, was reported without amendment.

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NON INSTITUTIONAL CORRECTIONS  

March 2, 1925 – following a debate at the lower House the Probation Bill passed by a vote of 170 against 49. March 3, 1925 – the probation Bill was signed by the House Speaker and the Senate President Pre Tempore; it was then transmitted to the President of the United Sated.

FATHER COOK   

1870 Bostonian He continued the work of Augustus by identifying youthful offenders being tried in the courts and whose cases were committed by force of circumstance and not due to the criminal nature of the accused.

GOV. ALEXANDER B. RICE – he signed into the law the first probation law, that is passed by the Legislature of Massachusetts on April 26, 1878 GARDINER TUFTS Director of Massachusetts Boston of State Charities, reported in an address that “the result probation in cases of juvenile offenders proved so decisively good” that the legislature 2 years later authorized the city of Boston to appoint a probation officer for adults and at the session of the Legislature at the present year, a statute was enacted permitting the appointment of a probation officer adult offenders in every city and town in the state.” EDWARD H. SAVAGE  

He was appointed as the First government probation officer. He was the former chief of police of Boston City.

VERMONT ACT OF 1898 -

was the second state-enacted probation law The offender or the probationer was the one who pays the trial cost.

SEN. ROYAL S. COPELAND OF NEW YORK - He introduced the Second Federal Probation Bill on Dec. 12, 1923 sponsored by REP. GEORGE S. GRAHAM which was later on approved by the two separate chambers. FEDERAL PROBATION ACT OF 1925 -

Signed by President Calvin Coolidge on March 4, 1925.

BRIEF HISTORICAL BACKGROUND OF PROBATION IN THE PHILIPPINES - The enactment of the juvenile probation law under the 1932 Revised Penal C...