GEMINI CRIMINOLOGY ONLINE REVIEW AND TRAINING CENTER
CORRECTIONAL ADMINISTRATION NOTES
CORRECTIONS- is that branch of the administration of criminal justice
system charges with the custody; supervision, and rehabilitation of the
convicted offender.
GAOL ACT 1823- FRENCH LAW means JAIL
PANOPTICON was an architectural concept proposed by Jeremy Bentham in
the late 18th century. It was subsequently used by Michael Foucault as
illustrative of the movement of the target of modern punishment from the
body of offender to his or her ‘soul’.
BUCOR; DEPARTMENT OF JUSTICE
Director of Corrections is the head of all prison facilities; each facility is
under one superintendent.
1.NEW BILIBID PRISON- MUNTINLUPA
2.CORRECTIONAL INSTITUTE FOR WOMEN- MANDALUYONG
3.IWAHIG PENAL PRISONS AND FARMS- PALAWAN
4.REGIONAL PRISON IN LEYTE
5.SABLAYAN, OCCIDENTAL MINDORO
6.DAVAO PENAL, PANABO, DAVAO DEL NORTE
7.SAN RAMON PRISON- ZAMBOANGA
Name of Facility Location Date Land Area in
Established HECTARES
New Bilibid Prison Muntinlupa City 1941 531 hectares
M.M
Correctional Mandaluyong 1931 13 hectares
Institution for Women City
Iwahig Prison and Puerto Princessa November 16, 28,000
Penal Farm City Palawan 1904 hectares
Sablayan Prison and Sablayan September 27, 190 hectares
Penal Farm Occidental 1954
Mindoro
Leyte Regional Prison Abuyog Leyte January 16, 861 hectares
1973
San Ramon Prison and Zamboanga City 1870 1, 026 hectares
Penal Farm
Davao Prison and Panabo, Davao January 21, 5,932 hectares
Penal Farm for Del Norte 1932
Medium Sec
RECEPTION AND DIAGNOSTIC CENTER - 60 DAYS
QUARANTINE - 5 DAYS; Physical/Mental Exam; Prison Rules Orientation;
counselor
MITTIMUS- warrant issued by a court bearing its seal and the signature of
the judge, directing the jail or prison authorities to receive inmates for
custody or service of sentence imposed therein.
CARPETA- known as “inmate record or jacket” it contains the personal and
criminal records of inmates.
CONJUGAL VISIT- granted to legal couples
INMATES COUNTING - 4 TIMES EVERY DAY
VISITATION DAYS- SUNDAYS TO THURSDAYS
HALFWAY OR SEPARATION CENTER- 30 DAYS prior to release in order
to make adjustment to living in a free society.
BJMP CORE VALUES -COMMITMENT, COMPETENCY/EFFICIENCY.
TEAMWORK, UNITY, COOPERATION, SELF DISCIPLINE.
An inmate who is convicted by final judgment is called as PRISONER
SUICIDAL INMATE is an inmate who should be given close and constant
supervision
SEX DEVIATE is an inmate who should be segregated immediately to
prevent him from influencing other inmates or being maltreated or abused by
other inmates
DRUG ADDICT/USERS/DEPENDENTS are inmates who are hooked to
prohibited drugs
INMATES WELFARE AND DEVELOPMENT PROGRAM is a set of
physical, psycho-social, intellectual, vocational, and spiritual activities or
intervention that facilitate inmates’ well being and enhancement in
accordance with the accepted social norms and ethical standards.
OPERATION GREYHOUND - conducted by the BJMP wherein the prisoner
may be checked at any time , his beddings, lockers and personal belongings
may also be opened at anytime, in his presence, whenever possible.
MUNICIPAL PRISONER- one who is sentenced to a prison term of one day
to six mos.
PROVINCIAL PRISONER- one who is sentenced to a prison term of six
months and one day to three years.
Provincial Jail is operated by the Provincial Government under the
leadership of the governor... DOJ only conducts visitation inside the
provincial jail in order to recheck , review the status of the cases pending in
court of law.
CITY PRISONER- one who is sentenced to a prison term of one day to three
years Inmates Security Classification
High Risk Inmates;
High Profile Inmates;
Ordinary Inmates;
CLASSIFICATION- refers to assigningor grouping of inmates according to
their respective sentence, gender, age , nationality, health, criminal records,
etc....
CONTRABAND any article, item , or thing prohibited by law and/or
forbidden by jail rules
PENOLOGY – branch of criminology dealing with jail management and
administration of inmates
CUSTODIAL FORCE is considered as the backbone of prison administration.
LOCK-UP is a holding facility for juvenile offenders, the aged, the infirmed,
drug addicts and alcoholics.
CLASSIFICATION is the method by which diagnosis, treatment, planning
and execution of treatment program are coordinated in the individual case.
CUSTODIAL CONTROL can be motivated by GUARDS, INSTITUTIONAL
PROGRAMS, and INMATES
PAROLE- granted by the Board of Pardon and Parole; must have served part
or the minimum sentence ;President will approve the grant.
There are three (3) casework techniques applied by the parole officer
a. The executive techniques
b. The guidance, counseling and leadership techniques
c. The manipulative techniques
AMNESTY-granted to all political offender; must have the concurrence of
Congress
PARDON- granted by the Chief Executive(President) thru the Board of
Pardons/Parole ; act of mercy
ABSOLUTE PARDON- does not need acceptance by the pardonee
CONDITIONAL PARDON- must be accepted by the pardonee to be valid.
COMMUTATION- reduction of penalty by one degree; granted by the
President
REPRIEVE- staying of execution; granted by the President
RETRIBUTION- it is referred to as revenge. “just deserts,” or “an eye for an
eye”
DETERRENCE- aimed at offenders is called specific deterrence. Deterrence
that serves as an example to society of the consequences of crime is called
general deterrence.
INCAPACITATION- REFERS TO MAKING IT IMPOSSIBLE FOR
OFFENDERS TO COMMIT FURTHER OFFENSE
REHABILITATION
MILEUE THERAPY- SOCIETY BASED TREATMENT
THERAPEUTIC COMMUNITY- COMMUNITY BASED TREATMENT
RESTORATIVE JUSTICE -SEEKS TO USE A BALANCED APPROACH
INVOLVING OFFENDERS, VICTIMS. LOCAL COMMUNITIES AND
GOVERNMENT TO ALLEVIATE CRIME AND VIOLENCE AND OBTAIN
PEACEFUL COMMUNITIES. RECONCILING THE NEEDS OF VICTIMS
AND OFFENDERS WITH THE NEEDS OF THE COMMUNITY IS THE
UNDERLYING GOAL OF RESTORATIVE JUSTICE
LEX TALIONES- LAW OF RETALIATION/AN EYE FOR AN EYE/A TOOTH
FOR A TOOTH
FURLOUGH- GRANTED TO PRISONERS/INMATES FOR WORK OR
VISIT
He introduced the “progressive or mark “ system of penal management that
granted privileges and good conduct time gradually culminating to the
offenders release and an improvement of the ticket of leave.
ALEXANDER MACONOCHIE- The first international organization to
achieve international cooperation with respect to the prevention of crime and
the treatment of offenders in1875 is International Penal and Penitentiary
Commission.
The first workhouse in England (1557-1576)-Bridewell or St. Bridget.
REFORM MODEL in correctional history that had been successful for young
boys and girls in the earlier house of refuge and training that was adopted for
older offenders
PENNSYLVANIA SYSTEM features of the prison system were confinement
of the prisoners in their cells day and night.
AUBURN prison system was considered more advantageous because it had
been observed that prisoners could finish more articles when they work in
groups than working alone in their individual cells.
JUSTIFICATION of PUNISHMENT: RETRIBUTION, DETERRENCE,
EXPIATION OR ATONEMENT.
PRISONIZATION is the taking on a greater or less degree of folkways,
customs and general culture of the penitentiary.
The greatest English prison reformer is JOHN HOWARD
SUPT ZEBULON BROCKWAY is the first superintendent of Elmira
Reformatory.
Maximum Tangerine/Orange 20 years
Security
Medium Security Blue Less than 20 years
Minimum Security Brown Handicapped/ 6 Mons/ 65 above
Detainee Gray Under Review By SC
An inmate may be released through: Service of Sentence; Order of the Court;
Parole; Pardon; Amnesty
Rights of inmates- to be treated as human being, not subject to corporal
punishment, to adequate food, space, medical services
GOOD CONDUCT TIME ALLOWANCE- (ART.97, RPC)
2 YEARS 5 DAYS/MONTH
3-5 YEARS 8 DAYS/MONTH
6-10 YEARS 10 DAYS/MONTH
11 YEARS UP 15 DAYS/MONTH
DETAINEE NO GCTA
PLUS FIVE (5) DAYS PER MONTH-TRUSTY OR PENAL COLONIST
(R.A.2489-INDUSTRIAL GOOD TIME LAW)
A prisoner who escapes from prison during calamity/disaster and surrender
to the authorities within 48 hours after the calamity or disaster is entitled to
1/5TH REDUCTION OF SENTENCE
Adult probation
PROBATION ACT OF 1976, July 24, 1976
Presidential Decree No.968 as amended by PDs.1257 and 1990- It is an act of
disposition under which a defendant, after conviction and sentenced ,is
released by the court subject to its condition and under the supervision of the
probation officer.
POST SENTENCE INVESTIGATION REPORT SHALL BE GIVEN TO THE
COURT NOT LATER THAN 60 DAYS. THE COURT SHALL RESOLVE
THE APPLICATION NOT LATER THAN 15 DAYS AFTER RECEIPT OF
SAID REPORT. (PD.968-PROBATION ACT OF 1976 AS AMENDED)
JOHN AUGUSTUS - is the father of probation; shoe-maker in Boston, Mass.
USA, 1841.
Rep. Teodulo Natividad- the Philippine version father of probation; Act 4221
which was declared unconstitutional because it violated the “equal protection
clause”
WHERE AND WHEN TO AVAIL OF THE PROBATION?
=WITHIN 15 DAYS FROM THE RECEIPT OF THE DECISION;
DISQUALIFIED OFFENDERS:
SENTENCED TO IMPRISONMENT IS MORE THAN 6 YEARS
CONVICTED OF CRIMES AGAINST THE STATE OR PUBLIC
ORDER
AVAILED ONCE ON PROBATION
CONVICTED OF CRIME MORE THAN 1 MONTH OR NOT LESS
THAN 200 PESOS
HAVE SERVED THEIR SENTENCE DURING THE EFFECTIVITY
IF YOU EXERCISE YOUR RIGHT TO APPEAL, YOU CAN NOT APPLY
FOR PROBATION; YOUR RIGHT TO APPEAL IS DEEMED WAIVED.
Child probation PD 603 - CHILD AND YOUTH WELFARE CODE a youthful
offender is a child, minor or youth, including one who is emancipated in
accordance with the law, who is over nine years but under eighteen years of
age at the time of the commission of the offense.
YOUTHFUL OFFENDER- over 9 below 18 years old at the time of the
commission of the offense; not at the time of trial or judgment
Period of Probation
The period of probation is in essence a time-bound condition. It is a condition
in point of time which may be shortened and lengthened within the statutory
limits and the achievements by the probationer of the reasonable degrees of
social stability and responsibility from the measured observation of the
supervising officer and the exercise discretion by the court in decisive order.
Probation Conditions
The grant of probation is accompanied by conditions imposed by the court:
The mandatory conditions require that the probationer shall (a)
present himself to the probation officer designated to undertake his
supervision at each place as may be specified in the order within 72
hours from receipt of said order; and (b) report to the probation officer
at least once a month at such time and place as specified by said
officer.
Special or discretionary conditions are those additional conditions
imposed on the probationer which are geared towards his correction
and rehabilitation outside of prison and right in the community to
which he belongs.
A violation of any of the conditions may lead either to a more restrictive
modification of the same or the revocation of the grant of probation.
Consequent to the revocation, the probationer will have to serve the sentence
originally imposed.
Modification of Conditions of Probation
During the period of probation, the court may, upon application of either the
probationers 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.
Transfer of Residence
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 case, a
copy of the Probation Order, the investigation report and other pertinent
records shall be furnished to 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.
Revocation of Probation
At any time during probation, the court may issue a warrant for the arrest of
a probationer for any serious violation of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought before
the court for a hearing of the violation charged. The defendant may be
admitted to bail pending such hearing. In such case, the provisions regarding
release on bail of persons charged with crime shall be applicable to
probationers arrested under this provision. An order revoking the grant of
probation or modifying the terms and conditions thereof shall not be
appealable.
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 there upon the case is deemed terminated.
REPUBLIC ACT NO.9344, OR THE “JUVENILE JUSTICE AND WELFARE
ACT OF 2006”
TERMS:
As used in these Rules, the term/s:
(a) “Bail” refers to the security given for the release of the person in custody
of the law, furnished by him/her or a bondsman, to guarantee his/her
appearance before any court.
(b) “Best interest of the child” refers to the totality of the circumstances and
conditions most congenial to the survival, protection and feelings of security
of the child and most encouraging to the child’s physical, psycho logical and
emotional development. It also means the least detrimental available
alternative for safeguarding the growth and development of the child.
(c) “Child” refers to a person under the age of eighteen (18) years.
(d) “Children at risk” refers to children who are vulnerable to and at the risk
of committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological,
mental, economic or any other means and the parents or guardian refuse, are
unwilling, or unable to provide protection for the child; (2) being exploited
including sexually or economically; (3) being abandoned or neglected, and
after diligent search and inquiry the parent or guardian cannot be found; (4)
coming from a dysfunctional or broken family or without a parent or
guardian;
Implementing Rules and Regulations of RA 9344 Page 3
(5) being out of school; (6) being a street child; (7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
(e) “Child in conflict with the law” refers to a child who is alleged as, accused
of, or adjudged as, having committed an offense under Philippine laws.
(f) “Community- based programs” refers to the programs provided in a
community setting developed for purposes of intervention and diversion, as
well as rehabilitation of the child in conflict with the law, for reintegration
into his/her family and/or community.
(g) “Court” refers to a family court or, in places where there are no family
courts, any regional trial court.
(h) “Deprivation of liberty” refers to any form of detention or imprisonment,or
to the placement of a child in conflict with the law in a public or private
custodial setting, from which the child in conflict with the law is not
permitted to leave at will by order of any judicial or administrative authority.
(i) “Diversion” refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict with the
law on the basis of his/her social, cultural, economic, psychological or
educational background without resorting to formal court proceedings.
(j) “Diversion Program” refers to the program that the child in conflict with
the law is required to undergo after he/she is found responsible for an offense
without resorting to formal court proceedings.
(k) “Initial contact with the child” refers to the apprehension or taking into
custody of a child in conflict with the law by law enforcement officers or
private citizens. It includes the time when the child alleged to be in conflict
with the law receives a subpoena under
Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or
summons under
Section 6(a) or Section 9(b) of the same Rule in cases that do not require
preliminary investigation or where there is no necessity to place the child
alleged to be in conflict with the law under immediate custody.
(l) “Intervention” refers to a series of activities designed to address issues
that caused the child to commit an offense. It may take the form of an
individualized treatment program, which may include counseling, skills
training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.
(m) “Juvenile justice and welfare system” refers to a system dealing with
children at risk and children in conflict with the law, which provides child-
appropriate proceedings, including programs and services for prevention,
diversion, rehabilitation, reintegration and aftercare to ensure their normal
growth and development.
(n) “Law enforcement officer” refer to the person in authority or his/her agent
as defined in Article 152 of the Revised Penal Code, including a barangay
tanod. Implementing Rules and Regulations of RA 9344 Page 4
(o) “Offense” refers to any act or omission whether punishable under special
laws or the Revised Penal Code, as amended. It includes violations of traffic
laws, rules and regulations, and ordinances of local government units.
(p) “Recognizance” refers to an undertaking in lieu of a bond assumed by a
parent or custodian who shall be responsible for the appearance in court of
the child in conflict with the law, when required.
(q) “Status Offenses” refers to offenses which discriminate only against a
child, while an adult does not suffer any penalty for committing similar acts.
These shall include curfew violations, truancy, parental disobedience and the
like.
(r) “Victimless Crimes” refers to offenses where there is no private offended
party.
(s) “Youth Detention Home” refers to a 24-hour child-caring institution
managed by accredited LGUs and licensed and/or accredited NGOs providing
short-term residential care for children in conflict with the law who are
awaiting court disposition of their cases or transfer to other agencies or
jurisdiction; also referred in these Rules as “Youth Home.”
(t) “Youth Rehabilitation Center” refers to a 24-hour residential care facility
that provides children in conflict with the law with care, treatment and
rehabilitation services under the guidance of trained staff where children in
conflict with the law on suspended sentence, or “residents,” are cared for
under a structured therapeutic environment with the end view of
reintegrating them in their families and communities as socially functioning
individuals; also referred in these Rules as “Youth Center.”
