CA1 New
CA1 New
CA1 New
INSTITUTIONAL CORRECTIONS
Correction as component of Criminal Justice System
For Criminal Justice System purposes, the term correction, corrections and correctional, are words describing a
variety of functions typically carried out by government agencies, and involving the punishments, treatment, and supervision
of persons who have been convicted of crimes, these functions commonly given through institutional and non-institutional
approaches. A correctional system, also known as penal system, thus refers to a network of agencies that functions related
to rehabilitating convicted persons through either institution-based or community-based corrections.
Correction is also the name of a field of academic study concern with the theories, policies, and programs pertaining
to the practice of corrections. Its object of study includes personnel training and management as well as the experiences of
those on the other side of the fence – the unwilling subjects of the correctional process.
The terminology changes in US academia from “penology” to “corrections” occurred in the 1950s and 1960s, and it
was driven by a new philosophy emphasizing rehabilitation. It was accompanied by concrete changes in some prisons, like
giving more privileges to inmates, and attempting to instill a more communal atmosphere. At least nominally, most prisons
became correctional institutions, and guards became correctional officers.
As a component of the criminal justice system, correction occupies a crucial role of rehabilitating convicted persons
through the development of individualized treatment programs which are responsive to the needs of their clients and within
the prescribed standards of existing laws and the United Nations.
The ultimate goal of Correction is to reform and rehabilitate convicted individuals and restore them in their prior status
before the commission of the crime, as law abiding citizen
Correction, defined
Is that branch of the administration of criminal justice charged with the responsibility for the custody, supervision and
rehabilitation of those who judicially found violated criminal law.
Correction is in view of reorientation or re-instruction of the individual with a purpose of preventing a repetition of the
unlawful activities without necessity of taking punitive actions.
Inmate Defined
Inmate is a person committed to jail/prison by a competent court or authority for any of the following reasons:
1. To serve a sentence after conviction
2. Under trial
3. Under investigation
Note:
• The court is said to be competent when it has the jurisdiction to try and decide a particular case
• Requisites for valid exercise of Criminal Jurisdiction
a. There must be a jurisdiction over the subject matter;
b. There must be a jurisdiction over the territory; and
c. There must be a jurisdiction over the person of the accused
• Aside from courts, there are other authorities that can commit a person to jail like Boards and Commission and even
police authorities within limited periods.
1
When Judgement of Conviction in Criminal Case becomes Final
• After the lapse of the period for perfecting an appeal which is fifteen (15) days;
• When the sentence has been partially or totally satisfied or served;
• When the accused expressly waives in writing his right to appeal;
• When the accused applies for probation
Origin of Jail
The jail is said to have originated in Medieval England. When Henry II ordered that the sheriff in each of the institutions
spread through England in 1166 originally conceived as a place for detaining suspected offenders until they could be tried,
jails eventually came to serve the dual purposes of detention and punishment.
The concept of the English jail was brought to the colonies soon after the settlers arrived from the Old World, the jail
was used to detain those awaiting trial and those awaiting punishment; the stocks and pillory and the whipping post being
located nearby.
2
The Bureau of Jail Management and Penology (BJMP)
(The Jail Bureau)
The Bureau of Jail Management and Penology also referred to as the Jail Bureau was created pursuant to Section
60, RA 6975, and initially consisting of uniformed officers and members of the Jail Management and Penology Services as
constituted under PD 765.
Note:
• In no case shall any officer who has retired or to be retired with six (6) months from his/her retirement age be appointed
as Chief of Jail Bureau.
• The chief of Jail Bureau shall serve a tour of duty not exceed four (4) years.
• BJMP is under the Department of Interior and Local Government
SECURITY GROUP – provides a system of sound custody, security and control of inmates and their movements and also
responsible to enforce prison or jail discipline.
1. Escort/Subpoena Platoon
4
• Escort Section – produce inmates under proper guard, to Prosecutor’s authority upon proper summons. Transfer
the prisoner to penal institution on the proper order of the court or authority.
• Subpoena Section – receives, distributes, and/or serve subpoenas, notices, orders, summons and other court
processes directed to inmates confined in jail.
2. Security Platoon – responsible for proper system of security and control procedures of inmates in confinement, and
searching of all personnel and visitors entering the jail compound to check and prevent the smuggling of contraband.
Note:
• Contraband was commonly described in the past as any material that night be used for an escape or used to take
advantage of other inmates. Such items as matches, money, pornographic pictures, guns, drugs and tools are
generally considered as contraband. Any item can be placed on the list of contraband if it is perceived as a threat to
orderly operation of jail or prison.
• At present, contraband is described as any item found on the inmate or in his possession or in his dorm that is not
specifically authorized by the rules.
3. Custodian Section – conduct regular custodial functions over inmates
4. Admitting and Releasing Section – part of the security platoon. It is tasked with receiving of person committed to
the jail and the proper release of prisoners who have served prison sentence or are released on orders of competent
courts or authority.
Process of Admitting Person in Jail:
1. Booking
2. Identification
3. Property Receiving and safekeeping
4. Briefing
REHABILITATION GROUP – provides services and assistance to prisoners and their families to enable them to solve their
individual needs and problems arising from the prisoner’s confinement. Correction and rehabilitation are the primary interest
of this group.
1. Medical and Health Services – provides medical and physical examination of inmates upon confinement, treatment
of sick inmates. Also conducts psychiatric and psychological examination.
2. Work and Education and Therapy Services – in charge of the job and educational programs needed for
rehabilitation of inmates by providing them job incentives so they can earn and provide support for their families while
in jail.
3. Socio-Cultural Services – it takes acre of the social care of the social casework study of the individual prisoners by
keeping interviews, home visits, and referral to community resources, free legal service, and liaison works for inmates.
4. Chaplaincy Services – it takes charge of the religious and moral upliftment of the inmates through religious services.
This branch caters to all religious sects.
5. Guidance Counseling Services – responsible for the individual and group counseling activities to help lead a
wholesome constructive life.
Commitment, Reception and Treatment of Inmate in Jail
Commitment
The means the entrusting for confinement of an offender to a jail by competent court or authority for investigation,
trial and/or service of sentence is known as commitment.
6
TREATMENT OF INMATES WITH SPECIAL NEEDS
As the general rule, inmates with special needs should not be held in jails with other regular inmates. However, given
the reality of budget constraints, increasing inmate population, insufficient facilities and inadequately-equipped detention
homes, Wardens and Jails Officers shall
endeavor to provide the best arrangement they can for such inmates, in keeping with the rule. It is assumed that inmates have
been properly evaluated and classified for this purpose.
Female
• The women’s quarters should be fully separated from the male quarters
• All handling and supervision of female offenders/detainees must be done by female jail staff
• In larger jails, services may be provided by a resident matron who shall keep the keys to women’s quarters and should
be available at anytime
• No male offender shall be allowed to enter the women’s quarters
• Only work suitable for their age and physical condition should be assigned to female inmate
Notes:
• There shall be a special accommodation for all pre-natal care and treatment. Arrangement shall be made whenever
practicable for child to be born in jail; this fact shall not be mentioned/stated in the birth certificate
• Where nursing infants are allowed to remain in the institution with their mothers, provisions shall be made for nursery
staffed by qualified persons, where the infants shall be placed when they are not in the care of their mothers
• The inmate-mother has the right to be with her child in the institution until the child’s first year birthday.
Drug Users/Dependents
• Inmate found to be drug dependents should be segregated from other offenders, especially during the withdrawal
period
• Close supervision of inmates should be maintained to prevent attempts to commit suicide or self-mutilation
• Only a qualified physician shall prescribe sedatives/stimulants deemed necessary for inmate’s treatment
• Appropriate measures should be taken to enable inmates to follow strictly the jail physician’s advice regarding diet
and other medical intervention/treatments during the withdrawal period; and
• Conduct a regular search of inmate’s quarter and maintain constant alertness to prevent the smuggling of narcotics
and other dangerous drugs.
Alcoholics
• Alcoholics should be placed in a comfortable quarter separate from other offenders and maintain close supervision
to guard against suicide attempts
• Any symptoms of abnormal behavior among offenders should be reported to jail physician
• Close supervision should be maintained to guard against the smuggling of liquor and other intoxicating drinks or
products containing alcohol
Mentally-ill
• The mentally-ill should be under the close supervision of a jail physician
• The mentally-ill should be placed in the individual cells and special restraint rooms provided for violent cases
• Close supervision should be maintained to guard against suicide attempts or violent attacks on others
• The mentally-ill should be transferred to mental institutions for proper psychiatric treatment
Sex Deviates
• The homosexual should be segregated immediately to prevent them from influencing other offenders or being
maltreated or abused by other inmates; and
• The other sex deviates, likewise, should be separated from other inmates for closer supervision and control
Escape-prone Inmates
• The escape-prone inmates should be held in the most secured, preferably in single cells
• Their conduct should be closely supervised and their actuations observed during and after visiting hours
• Their quarters should be searched frequently and subject to frequent strip search
• Their telephone calls should be restricted and its use should be allowed only if monitored on an extension
Suicidal Inmates
• The suicide prone prisoner/detainees should be given close and constant supervision;
• Search their quarters and premises for tools/material that can be used for suicide; and
• They should be subjected to frequent strip searches
The Handicapped, Aged and Infirm
• The handicapped should be housed separately and closely supervised to protect them from maltreatment or abuse
by other offenders
• Special treatment should be given to these prisoners who shall be required to work only in accordance with their
physical capabilities for their own upkeep to maintain sanitation of their quarters and surroundings
8
To give the inmate a respite from the restrain of prison life, he should be encouraged to maintain wholesome contact
with friends and relatives through correspondence. A mere personal source of knowledge about happenings in the outside
world will tone down the depressive mood that develops when someone is shut off from the outside world. However, the
privilege of sending and receiving mail extended to inmates should be properly supervised and handled to obviate the
possibility of smuggling contraband and using this as a means of illicit communication.
Procedures When Censoring Mails
1. Mail shall be secured until such time that the censors are ready to examine them;
2. The inmate’s mail shall open and searched only by qualified, trained and authorized jail personnel;
3. Letter containing currency, checks or money should be marked with the amount enclosed and deposited with the
Trust Officer/Property Custodian. The receiving officer should list down the amount received on a receipt form
induplicate. The original receipt signed by the receiving officer should be kept for the record and the duplicate
copy should be given to the inmate for his information;
4. All greeting cards should be carefully examined and fillers of any kind found therein should be collected for
laboratory examination;
5. Photographs clearly within the scope of the jail regulations should be marked on the reversed side and placed in
the envelop;
6. Any item or correspondence or enclosure that does not conforming with the regulations or are detrimental to
security, order and discipline of the jail should be brought to the attention of the jail warden;
7. In the censoring of mail, prison slang, unusual nicknames and sentences with double meaning should be carefully
studied and analyzed to determine their real meanings;
8. All letters containing statements concerning the security or reputation of the jail, like attempts pf escape,
smuggling/trafficking of contraband and statement that may affect the rule and policies, etc., shall be forwarded
to the Office-in-Charge of mail censorship;
9. All letters passed by censors should be the censors stamp at the top of each page and on the envelope. The
letters should be placed back in the same envelope and released;
10. A listing of mails for inmates should be properly posted in a conspicuous place this will also form part of the
records of the jail;
11. If the inmates fail to claim his letter within 24 hours after it has been posted, the mail should be delivered to him;
12. Contents of the offender’s mail should not be discussed with other jail personnel, except for the official purposes;
and
13. All outgoing mails shall pass through the normal mail facility of the jail subject to the usual censorship.
Fire Prevention Rules
Fire does not only cause financial losses but also loss of lives and property. To prevent occurrences of fire in jails
and minimize its effect if such occur, the following rules should be allowed:
1. Inmates should be kept aware of the hazards caused by the careless handling of cigarettes, inflammable materials,
fuel, welding equipment, etc.;
2. Fire extinguishers should be placed in close proximity to all housing units and should be located in strategic places
in buildings and work areas;
3. Empty drums and cans should be filled with water and some with sand and placed in strategic places for ready use;
4. Keys to all emergency exits, cells, brigades, and storage places of firefighting equipment should be made available.
Such keys should have tags, marked strictly to avoid confusion during emergencies;
5. Portable floodlights should be available in the control center for night fire; and
6. Government equipment should be marked priority tags or symbols to determine which should be first for evacuation
during an emergency.
Emergency Plans
Emergency plans for fire or conflagration, riots or violence disturbance, jail breaks and ither such occurrences should
be formulated to suit the physical structure and other peculiar to the individual jail. Hence herewith are suggested steps or
activities, which may be considered for warden’s planning. Fire plan and like should become a part of the operational plans
which every jail is expected to maintain in the office files. It is important that each participant know his particular rule.
PRE-COLONIAL PERIOD
• Community-Based Justice: Before colonization, the Filipino communities had their own systems of justice that were
often community-based. Local leaders, such as chieftains or elders, played important roles in resolving conflicts and
addressing wrongdoing.
• Restorative Practices: The focus was more on restoring harmony within the community rather than strictly punishing
offenders. Offenders might have to make amends through reparations, such as returning stolen goods or
compensating victims.
• Social Sanctions: Rather than formal jails, social sanctions were common. This could include temporary exclusion
from community activities or public shaming. These methods aimed to encourage the offender to reflect on their
actions and reintegrate peacefully.
• Customary Laws: Each community had its own set of customary laws, which were unwritten rules governing
behavior. These laws varied among different tribes and regions, but they were respected and upheld by local leaders.
• Spiritual Practices: There were also spiritual elements involved in the correctional process. Offenders might undergo
rituals to cleanse themselves of wrongdoing, seeking forgiveness from the community and their ancestors.
12
• Negotiation and Mediation: Disputes were often settled through negotiation and mediation. Elders or respected
figures would help the parties come to an agreement, which emphasized conflict resolution rather than punishment.
Overall, the pre-colonial corrections system in the Philippines emphasized community involvement, restoration of
relationships, and prevention of conflict, rather than the punitive measures that would later be introduced by colonial powers.
1. Colonial Period: During the Spanish rule, the corrections system was very harsh. Punishments were severe and
often involved physical pain. The goal was to scare people away from committing crimes rather than helping offenders
change their behavior.
2. American Influence: When the Americans took over in the early 1900s, they started to improve the prison system.
They introduced new ideas about allowing rehabilitation. Prisons began to offer programs like education and job
training to help inmates learn skills they could use when they were released.
3. Post-World War II Era: After World War II, more people realized that helping offenders change was important. The
goal became not just to punish, but to understand what caused the crime. Programs were created to help with issues
like drug addiction and lack of education.
4. Recent Reforms: In recent years, the Philippines has focused more on rehabilitation. This includes community
programs where offenders can get help instead of just being locked up. The government is also working to respect
human rights and provide better mental health support.
5. Current Challenges: Even with these positive changes, there are still challenges. Prisons often have too many
inmates, and there are not enough resources for good rehabilitation programs. The system is trying to find a balance
between keeping the public safe and helping offenders change.
THE BUREAU OF CORRECTION
Origin of Bureau of Correction
o Purpose: Local jails found in cities, these hold inmates awaiting trial or serving short sentences.
o Programs: Some city jails offer basic rehabilitation programs, but conditions can vary widely.
These facilities aim to provide different types of rehabilitation and programs to help inmates reintegrate into society. The focus
is generally on education, skills training, and work opportunities.
PENOLOGY
- is derived from the Greek word “poine” which means punishment and “logus” which means discourse.
- it is the science of the application of knowledge of the causation of crimes to the treatment and reformation
of criminals and the prevention of crimes.
- it is the study of crime prevention, prison and reformatory management and the correction of criminals.
DEFINITION OF PUNISHMENT – is the infliction of some sort of pain as redress that the state takes against the offender for
violating the law.
FORMS OF PUNISHMENT
The forms of punishment in primitive society were employed:
Death Penalty – carried out by hanging, burning, immersing in boiling oil or water, feeding to wild animals and in many
other barbaric ways.
Corporal Punishment - inflicted on the offender by flogging, mutilation and maiming.
Public Humiliation - effected by the use of stocks and pillory, docking steel, branding, shaving off the hair, etc
Banishment- sending person away as punishment.
Imprisonment- the more recent form of punishment.
JUSTIFICATION OF PUNISHMENT
• Retribution - as a justification of punishment of criminals, is an exaction of the offense committed and is known as
“eye for an eye” or “a tooth for a tooth”
• Atonement or expiation - is a justification of punishing an offender done by the public for the satisfaction of their
anger or for the reparation of the damaged caused.
• Deterrence - is a justification of punishing the offender to give him a lesson and to show to others what would
become of them if they will do the same.
• Protection- is the purpose and justification of placing an offender inside jail to immobilize him and secure society
from the continuous commission of crimes.
• Reformation- is the purpose of punishing an offender in order to change him from being a bad element in society to
a law-abiding citizen.
15
• The Individualization of Punishment – This theory gave the judges wide discretion to add to the punishment
additional penalties in view of the circumstances.
2. Classical Theory of Penology (Cesare Beccaria and Jeremy Bentham)
This theory came about as a protest against the abuses and discriminatory power of judges exponent of this theory
holds that:
• Justice consists of equal treatment of all criminals for like offenses, whereas the courts of the day were dealing
unequally with criminals according to their rank and influence;
• The legislature, not the courts, should determine the exact punishment appropriate to each crime. No discretion would
be left to the judge.
3. Neo-Classical Theory (19th Century)
The theory argues that punishment should be imposed on some lawbreakers but not to others by recognition of
exempting and justifying circumstances like minority of the offender and insanity.
4. The Italian or Positivist Theory (Cesare Lombroso, Enrico Ferri, Rafaele Garofalo)
The adherents of this theory maintains that crime cannot be treated and checked by the imposition of punishment
fixed and determined, but thru the enforcement of individual measures in such particular case after a prior investigation
conducted by a competent body of psychiatrists and social scientists.
5. Theory of The Modern Clinical School (Lombroso, Ferri, Garofalo)
The criminal is the product of his biological inheritance conditioned in his development by the experiences of life to
which he has been exposed from early infancy up to the time of the commission of the crime.
16
When Can a Prisoner Be Released?
- After service of sentence
- Upon order of the court
- When on Parole
- When pardoned
- After an Amnesty is granted
Distinguished The Pardon by The Offended Party and The Pardon Extended by The Chief Executive or The
President
- Pardon by the Chief Executive extinguished the criminal liability of the offender, not on the pardon granted by the
offended party.
- Pardon granted by the chief executive cannot include civil liability that the offender must pay, but the offended party
can waive the civil liability that the offender must pay.
- Pardon granted by the offended party should be given before the prosecution of the criminal action, whereas pardon
by the chief executive may be extended to any of the offenders, after conviction.
What is Diversification?
- Is an administrative device of a correctional institution in providing varied and flexible types of physical plants for the
effective control of the treatment programs of its diversified population.
Thank you!
Notes Compiled and Edited By: Crmgst. Daiselyn A. Dasig
18