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Republic of the PhilippinesISABELA STATE UNIVERSITYRoxas CampusNon-Institutional Correction(Probation, Parole ad Executive Clemency)An Instructional MaterialSecond SemesterSchool Year 2021-VMGOUNIVERSITY VISIONThe Isabela State University as a leading, vibrant, comprehensive and Research University ...

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Republic of the Philippines ISABELA STATE UNIVERSITY Roxas Campus

Non-Institutional Correction (Probation, Parole ad Executive Clemency) An Instructional Material

Second Semester School Year 2021-2022

ISABELA STATE UNIVERSITY

ROXAS

VMGO UNIVERSITY VISION The Isabela State University as a leading, vibrant, comprehensive and Research University in the country and the ASEAN UNIVERSITY MISSION

The Isabela State University is committed to develop highly trained and globally competent professionals; generate innovative and cutting-edge knowledge and technologies for people empowerment and sustainable development; engage in viable resource generation programs; and maintain and enhance stronger partnerships under good governance to advance the interests of national and international communities. GOALS OF THE COLLEGE OF ARTS & SCIENCES 1. 2. 3. 4.

Provide general education in the arts and sciences for the development of students mentally, socially, spiritually, and emotionally transforming them into well-rounded individuals. Develop students into productive citizens both economically and socially with the end in view of improving the quality of their lives and that of their fellowmen. Produce graduates, majority of whom are locally and globally competitive in their chosen fields of their careers. Cultivate and sharpen students’ potentials and hasten their relationship capabilities to answer the needs of their community and society to which they belong.

OBJECTIVES OF THE PROGRAM General Objective The program provides the community with professionally competent and orally upright graduates who can deliver efficient and effective services in crime prevention, crime detection and investigation, law enforcement, and custody and rehabilitation of offenders, among others. The program is also envisioned as significant educational institutions actively and continually involved in producing graduates who have the knowledge and skills in addressing the problem of criminality in the country and the competence to meet the challenge of globalization in the field of criminology. Specific Objectives The BS Criminology program aims to: 1. 2. 3.

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Foster the values of leadership, integrity, accountability and responsibility while serving their fellowmen, community and country. Prepare the students for careers in crime prevention, law enforcement, scientific crime detection and correctional administration; Encouraged research and inquiry on the nature, causes, treatment or punishment of criminal justice agencies respond to crime, criminals and victims.

Non-Institutional Correction Instructional Material “This is for criminological purposes and therefore not for sale.”

ISABELA STATE UNIVERSITY

Parole and Probation Administration (PPA) Official Logo

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JOHN AUGUSTUS – “The father of probation in USA.”

Subject Code: Correctional Administration (CA) 2 Course Description: The course focuses on Presidential Decree 968, otherwise known as the “Probation Law of 1976 as Amended, “establishing a probation system in the Philippines, its historical background, philosophy, concepts and operation as a new correctional system, investigation, selection and condition of probation, distinction between incarceration, parole, probation and other forms of executive clemency, total involvement of probation in the administration of the Criminal Justice System. This course also treats the study of act 4103, as amended, otherwise known as the “Indeterminate Sentence Law” that created the Board of Pardons and Parole, system of releasing and recognizance, execution, clemency and pardon. General Objectives: Upon completion of the course the students are expected to: 1. interpret the provisions of laws related to probation, parole and executive clemency; 2. explain fully the basic concepts, principles and philosophy of the Probation System as well as parole and executive clemency; 3. describe the relationships of the probation administration with the other pillars of criminal justice system; 4. recommend or provide solutions or problems involving probation investigation and supervision; 5. discuss the operations of probation in the country; 6. apply learned concepts in their everyday life.

Student Name: __________________________________________________________________________ Address:

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Non-Institutional Correction Instructional Material “This is for criminological purposes and therefore not for sale.”

ISABELA STATE UNIVERSITY

ROXAS

CHAPTER I INTRODUCTION TO COMMUNITY BASED CORRECTION PROGRAM CHAPTER CONTENTS 1. The Present Philippine Correctional Set-Up 2. Community-Based Correction Programs in the Philippines 3. Advantage of Community Based Correction Programs 4. The role of Community Corrections in the Criminal Justice System 5. Basic Principles Underlying the Philosophy of Community-Based Treatment Programs 6. Subject coverage SPECIFIC OBJECTIVES At the end of the chapter, students should be able to: 1. define correction and identify its role as component of criminal justice system. 2. illustrate and understand the present Philippine correctional set-up. 3. define community-based correction. 4. differentiate and compare institutional correction to community based correction program. 5. identify the advantages of community based correction program and explain its role in the criminal justice system. 6. identify and justify the basic principles underlying the philosophy of community based-treatment programs. 7. enumerates and differentiates the forms of community based correction program.

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Non-Institutional Correction Instructional Material “This is for criminological purposes and therefore not for sale.”

I. THE PRESENT PHILIPPINE CORRECTIONAL SET-UP A. WHAT IS CORRECTION? Correction is the branch of the administration of CJS charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders. It is also define as the STUDY OF JAIL OR PRISON MANAGEMENT AND ADMINISTRATION as well as the rehabilitation and reformation of criminals. Further, it is define as a GENERIC TERM that includes all government agencies, facilities, programs, procedures, personnel, and techniques concerned with the investigation, intake, custody, confinement, supervision, or treatment of alleged offenders. B. DUAL PURPOSE OF CORRECTIONS 1. To punish and 2. To rehabilitate the offender. C.

THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM Correction is the fourth pillar of the PCJS, and identified as the weakest pillar. As a field of criminal justice administration, it utilizes the body of knowledge and practices of the government and the society in general involving the process of handling individuals who have been convicted of offenses for purposes of crime prevention and control. Among the five pillars of the criminal justice system, corrections is the least heard, known or understood society seems to have some reluctance to look at it although its role in the reformation and rehabilitation of offenders cannot be overemphasized. Furthermore, jail administration and control in our country is distributed to at least, four agencies: 1. The BUREAU OF CONNECTIONS (BUCOR), under the DOJ; which has supervision over the national penitentiary and its penal farms; 2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG; which has the exclusive control over all city, municipal and district Jails nationwide;

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The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their respective provincial and sub-provincial Jails; and 4. the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which takes care of, among others, youthful offenders entered in detention centers for juveniles, aside from thesce, Other agencies under this pillar are the: (Community Based Correction) 1. The Parole and Probation Administration (PPA) under the Department of Justice (DOJ); and 2. The Board of Pardons and Parole also under the Department of Justice. NOTA BENE: There are also LOCK-UP JAILS under the Philippine National Police (PNP); this fragmented administration of jails often creates confusion since many are not aware of this set-up. Generally, corrections, as a component of the system are responsible for: 1. The MAINTENANCE of institution such as prisons, jails, halfway houses, and others. 2. The PROTECTION of law-abiding members of society by keeping convicted offenders from preying on society. 3. The REFORMATION and rehabilitation of offenders in preparation for their eventual reintegration to the mainstream of society and helping them lead a normal life after release. 4. The DETERRENCE of crimes, experience in prison and the fear of isolation and denial of liberty will influence inmates and potential offenders to lead a life not in conflict or afoul with the law. D. DECONGESTION OF JAILS There are several laws, decrees and circulars which we implement to decongest our jails. But before we discuss these, allow me to show you how congested our jails are as far as the national capital region is concerned. Jail congestion is not a recent phenomenon, nor is it confined in the Philippines alone. Jail congestion is WORLDWIDE. Some industrialized countries like the United States, experience it, let me cite a few examples: Rikkers Island in New York is actually an island prison facility. It is overcrowded. To cushion the effect of congestion, two floating dormitories were constructed to confine offenders therein; in 1995 or four years ago. Director General Keith Hamburger of the Queensland services commission of Australia reported that congestion is also a problem in his country. In January of 1994, in Manila, Ronald W. Nikkel, president of prison fellowship international who had toured

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Non-Institutional Correction Instructional Material “This is for criminological purposes and therefore not for sale.”

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some of the jails in the National Capital Region (NCR) and the New Biliid Prisons of the Bureau of corrections in Municipal City observed and commented that in the 41 countries of the world he had traveled, most have a problem on congestion. He added that this problem is PREVALENT IN THIRD WORLD COUNTRIES. In our country, jail congestion, particularly in big cities and municipalities, has been a PERENNIAL PROBLEM ever since. This problem, to borrow a parallelism, is a sleeping giant. Unfortunately, for jail administrators and personnel, the giant has taken up and is stretching its enormous arms and legs. OPLAN DECONGESTION must be put in place to lay this giant back to sleep. OPLAN DECONGESTION was formalized through the execution of a memorandum of agreement on February 12, 1993. Among the public attorney’s office, the parole and probation administration, the Board of Pardons and Parole which are all under the Department of Justice, and the Bureau of Jail Management and Penology which is under the Department of the Interior and local government. The avowed PURPOSE of said agreement (MOA) was jail decongestion through collective and cooperative efforts. Realizing that all helps available must be harnessed to effectively combat overcrowding or congestion in jails, the said memorandum of agreement was EXPANDED on August 17, 1993 with the inclusion of the National Prosecution service or (NAPROS) as the fifth party thereto. True to its form, the MOA spreads up its intent through seminars. These offered opportunities to officials and personnel of the tasked agencies to familiarize themselves with the mechanics of the agreement, as well as to offer avenue to discuss various aspects of how jails are to be decongested. E.

LAW AND DECREES USUALLY AVAILED OF TO DECONGEST JAILS

1.

Presidential Decree No. 603, known as the child and young welfare code, suspends sentence of minor offenders whose ages range from nine (9) years to under eighteen (18) years and place them in rehabilitation centers under the supervision of the Department of Social Welfare and Development before they are released to the custody of their parents or to any responsible person.

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Batas Pambansa Bilang 85, authorizes the release of a detainee who has undergone preventive imprisonment equivalent to the maximum imposable sentence for the offense he is charged with’

3.

Article 96 of the Revised Penal Code, provides that in meritorious cases, the commutation of the prisoner’s

ISABELA STATE UNIVERSITY 1.

The national prison’s and penal farms under the Department of justice; 2. The provincial and sub-provincial jails under the provincial government; and 3. The City, Municipal and District Jails under the Department of Interior and Local Government. The Bureau of corrections, headed by a nonuniformed director, under the department of Justice, supervises and controls the national prisons and penal farms.

sentence through presidential action shall be upon the recommendation of the court which imposed the same; and ARTICLE 97, which provides that a prisoner shall be entitled to a deduction from his prison term for good conduct; and 4.

DOJ Memorandum Circular no. 6 which directs all wardens or anyone in-charge of local jails to effect the immediate transfer of national prisoners to the Bureau of corrections.

5.

Republic Act No. 9165- Comprehensive Dangerous Drug Act of 2002 (July 4, 2002) -1st time minor offender (probation) for use 2 possession only./deport

6.

Republic Act No. 9344 – Juvenile & Justice welfare Act of 2006 (May)

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Republic Act No. 6036, known as the release on recognizance law, provides for the release of offenders charged with an offense whose penalty is not more than six (6) months and/or a fine of Two Thousand pesos (2,000) or both, to the custody of a responsible person in the community, instead of a bail bond;

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Republic Act No. 6127, fully deducts the period of the offenders’ preventive detention from the sentence imposed by the courts;

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Republic Act No. 4103, as amended, creating the Board of Pardons and Parole tasked to look into the physical, mental and moral record of prisoners to determine who shall be eligible for parole or conditional pardon.

10. Presidential Decree No. 968 July 24, 1976 is the Philippine Probation Law of 1976. Probation is, of course, a very important legal instrument that contributes to the decongestion of Philippine jails. F.

APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM The Philippine Correctional System has two approaches, and these are, the Community based and institution-based systems. 1.

The Institution-Based Approach-The rehabilitation of offenders in jail or prison The institution-based approaches has three levels and are manned by three different government agencies responsible for the supervision and control of the numerous institutional facilities nationwide which provide safekeeping and rehabilitation of inmates, namely:

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Non-Institutional Correction Instructional Material “This is for criminological purposes and therefore not for sale.”

ROXAS

2.

Non-Institutional Correction or Community-Based Approach- It refers to correctional activities that may take place within the community or the method of correcting sentenced offenders without having to go to prison. Not all convicted offenders have to serve their sentence behind bars. Some of them are allowed to stay in the community, subject to the conditions imposed by the court. They are either granted probation, parole, conditional pardon or recognizance. The parole and probation Administration under the Department of Justice is the government agency that supervises the activities of the probationer, parolee and pardonee and monitors his compliance with conditions imposed.

What is a Community correction? It is a sanction in which offenders serve some or all their sentence in the community. It is sometimes referred to as non-institutional corrections. The subfield of corrections in which offenders are supervised and provided services outside jail or prison. DISTINCTION BETWEEN INSTITUTIONAL INSTITUTIONAL CORRECTION Institutional 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.

AND

NON-

Non-Institutional 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.

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II. COMMUNITY-BASED CORRECTION PROGRAMS IN THE PHILIPPINES The Community-Based Treatment Programs are those programs that are intended to treat criminal offenders within the free community as alternatives to confinement. It includes all correctional activities directly addressed to the offender and aimed at helping him to become a lawabiding citizen. Community-based correction programs began in the 1970s, 1980s, and 1990s. The programs offer an alternative to incarceration within the prison system. Many criminologists believed a significant number of offenders did not need incarceration in high security prison cells. Some inmates, who might otherwise have been ready to turn away from a life of crime, instead became like the hardened criminals they associated with in prison. In response, states, counties, and cities established local correctional facilities and programs that became known as community-based corrections. These facilities, located in neighborhoods, allowed offenders normal family relationships and friendships as well as rehabilitation services such as counseling, instruction in basic living skills, how to apply for jobs, and work training and placement.

III.ADVANTAGES OF COMMUNITYBASED CORRECTION 1.

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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. 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. Rehabilitation can be monitored by the community thus corrections can be made and be more effective. It is less costly on the part of the government. Cost of incarcerations will be eliminated which is extremely beneficial on the part of the government.

provide for public safety and rehabilitate and promote effective reintegration. A community correction has traditionally emphasized REHABILITATION as its goal. The staff of community correctional programs has two potentially competing roles that reflect different goals: a. Seeing that offenders comply with the orders of community sentences. b. Helping offenders identify and address their problems and needs.

V. BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY-BASED TREATMENT PROGRAMS The following are the basic principles underlying the philosophy of community-based treatment programs: 1.

Humanitarian Aspect - Imprisonment is not always advisable. Placing a person to custodial coercion is to place him in physical jeopardy, thus drastically narrowing his access to sources of personal satisfaction and reducing his self-esteem.

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Restorative Aspect - There are measures expected to be achieved by the offender, such as an establishment of a position in the community in which he does not violate the laws. These measures may be directed at changing and controlling the offender. The failure of the offender to achieve these can result to recidivism.