148461662-Notes-in-Correctional-Administration.doc

April 25, 2018 | Author: LOVE | Category: Prison, Punishments, Probation, Parole, Crimes
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CORRECTIONAL ADMINISTRATION CHIVAS GOCELA DULGUIME, R.C

I.

INTRODUCTION

PENOLOGY  - the study of punishment of crime. - a branch of Criminology dealing with prison management, and the deterrence and reformatory treatment of criminals. SOURCES OF THE TERM PENOLOGY P ENOLOGY::

a. Peno was derived from Greek word “piono” and from the Latin word “poena”, both terms mean punishment. b. Logy was from the Latin word “logos”, meaning science. c. Penology d!"ng#!$ %&o' Pen"en"(&y S)en)e- Penology deals with the various means of ghting crimes as regards to penalties and other measures of security, while Penitentiary !cience is limited only to the study of penalties dealing with deprivation of liberty. 

T$e Golden Age o% Penology

- the period from "#$% to "##% was considered the golden age of penology because of the following signicant events&  *+-

the 'ational prisons (ssociation organi)ed in Cincinnati, *hio.

 *++

the irst -nternational Congress was held at London wc established the -nternational Penal and Penitentiary Commission/ *+/+ its head0uarters was established at 1ague, 'etherlands.

 *+0+

the 2lmira 3eformatory 3eformatory was established in 'ew 'e w 4ork. 4ork.

 the irst separate institution for women were established in -ndiana and 5assachusetts. 

DIVISIONS OF CRIMINOLGY:

". So)ology o% L(1 is an attempt at scientic analysis of the conditions under wc criminal laws develop and wc is seldom included in the book of criminology. 6. C&'n(l E"ology is an attempt of scientic analysis of the causes of crimes. 7. Penology is concerned with the control of crime.

THE CONCEPT OF PENALTY  PENALTY 

Penalty in its general sense signies pain/ in the 8udicial sphere, it means su9ering undergone, because of the action of society, to one who commits a crime.

 :he very purpose or reason why society society has to punish a criminal is to secure  8ustice. :he state has to protect protect its e;istence, assess what is right for the people people based on moral principles, which vindicated. :he giving of punishment, which is e;ercised e;ercised by society, is the fulllment of service and satisfaction of a duty to the people it protects. 

PENALTY + it is the su9ering that is in, the *ld @ilibid Prison was constructed as the main penitentiary on *ro0uieta !treet, 5anila and designed to house the prison population of the country. :his prison became known as the “Carcel y Presidio Correccional” and could accommodate ","6$ prisoners.  :he Carcel was designed to house ?%% prisoners who were segregated according to class, se; and crime while the Presidio could accommodate >6$ prisoners. Plans for the construction of the prison were rst published on !eptember "6, "#>E but it was not until (pril "%, "#?? that the entire facility was completed.  :he prison occupied a 0uadrangular piece of land "#% meters long on each side, which was formerly a part of the 5ayhali0ue 2state in the heart of 5anila. -t housed a building for the oIces and 0uarters of the prison warden, and "> buildings or departments for prisoners that were arranged in a radial way to form spokes. :he central tower formed the hub. nder this tower was the chapel. :here were four cell+houses for the isolated prisoners and four isolated buildings located on the four corners of the walls, which served as kitchen, hospital and stores. :he prison was divided in the middle by a thick wall. *ne+half of the enclosed space was assigned to Presidio prisoners and the other half to Carcel prisoners. -n "E%#, concrete modern 6%%+bed capacity hospitals as well as new dormitories for the prisoners were added. ( carpentry shop was organi)ed within the connes of  the facility. or sometime the shop became a trademark for ne workmanship of  furniture made by prisoners. (t this time, sales of handicrafts were done through the institutions and inmates were compensated depending on the availability of  funds. (s a conse0uence, inmates often had to sell through the retail or barter their

products. *n (ugust 6", "#?E, the !an 3amon Prison and Penal arm in Tamboanga City was established to conne 5uslim rebels and recalcitrant political prisoners opposed to the !panish rule. :he facility, which faced the Holo sea had !panish+ inspired dormitories and was originally set on a ",="=+hectare sprawling estate. C$(5"e&  T$e A'e&)(n (nd Co''on1e(l"$ Go3e&n'en"!: Jhen the (mericans took over in the "E%%s, the @ureau of Prisons was created under the 3eorgani)ation (ct of "E%> B(ct 'o. "=%$ dated 'ovember ", "E%> as an agency under the Aepartment of Commerce and Police. -t also paved the way for the re+establishment of !an 3amon Prison in "E%$ which was destroyed during the !panish+(merican Jar. *n Hanuary ", "E">, the !an 3amon Prison was placed under the auspices of the @ureau of Prisons and started receiving prisoners from 5indanao. @efore the reconstruction of !an 3amon Prison, the (mericans established in "E%= the -uhit penal settlement Bnow -wahig Prison and Penal arm on a vast reservation of 6#,%$6 hectares. -t would reach a total land area of =%,%%% hectares in the late "E>%s. Located on the westernmost part of the archipelago far from the main town to conne incorrigibles with little hope of rehabilitation, the area was e;panded to =",%%$ hectares by virtue of 2;ecutive *rder 'o. ?$ issued by Governor 'ewton Gilbert on *ctober ">, "E"6. *ther penal colonies were established during the (merican regime. *n 'ovember 6$, "E6E, the Correctional -nstitution for Jomen BC-J was created under (ct 'o. 7>$E to provide separate facilities for women o9enders while the Aavao Penal Colony in !outhern 5indanao was opened in "E76 under (ct 'o. 7$76. C$(5"e& 8 T&(n!%e& o% "$e Old 9l6d "o M#n"nl#5(:  :he increasing number of committals to the *ld @ilibid Prison, the growing urbani)ation of 5anila and the constant lobbying by conservative groups prompted the government to plan and develop a new site for the national penitentiary, which was to be on the outskirts of the urban center. (ccordingly, Commonwealth (ct 'o. ?$ was enacted, appropriating one million BP",%%%.%%%.%% pesos for the construction of a new national prison in the southern suburb of 5untinlupa, 3i)al in "E7>. :he old prison was transformed into a receiving center and a storage facility for farm produce from the colonies. -t was later abandoned and is now under the  8urisdiction of the Public 2states (uthority. *n 'ovember ">, "E=%, all inmates of the *ld @ilibid Prison in 5anila were transferred to the new site. :he new institution had a capacity of 7,%%% prisoners and it was oIcially named the 'ew @ilibid Prison on Hanuary 66, "E=". :he prison reservation has an area of >#$ hectares, part of which was arable. :he prison compound proper had an area of 7%% ; 7%% meters or a total of nine hectares. -t was surrounded by three layers of barbed wire. C$(5"e& ; De3elo5'en"! A%"e& II:

(fter Jorld Jar --, there was a surplus of steel matting in the inventory and it was used to improve the security fences of the prison. ( death chamber was

constructed in "E=" at the rear area of the camp when the mode of e;ecution was through electrocution. -n the late S?%s, fences were further reinforced with concrete slabs. :he original institution became the ma;imum security compound in the $%s and continues to be so up to present, housing not only death convicts and inmates sentenced to life terms, but also those with numerous pending cases, multiple convictions and sentences of more than 6% years.. -n the "E#%s, the height of the concrete wall was increased and another facility was constructed, 6.> kilometers from the main building. :his became known as Camp !ampaguita or the 5edium !ecurity Camp, which was used as a military stockade during the martial law years and the 5inimum !ecurity Camp, whose rst site was christened “@ukang Liwayway”. Later on, this was transferred to another site within the reservation where the former depot was situated. nder Proclamation 'o. $6 issued on !eptember 6?, "E>=, the !ablayan Prison and Penal arm in *ccidental 5indoro was established. -n :he Leyte 3egional Prison followed suit under Proclamation 'o. ""%" issued on Hanuary "?, "E$7. C$(5"e& / 9&"$ o% "$e Re)e5"on (nd D(gno!") Cen"e&:

 3ecogni)ing the need to properly orient newly committed prisoners to the @ureau of Corrections, the 3eception and Aiagnostic Center B3AC was created through (dministrative *rder 'o. #, series of "E>7 of the Aepartment of Hustice. -t was patterned after the reception facilities of the California !tate Prison. :he 3AC is an independent institution tasked to receive, study, and classify all national prisoners committed by nal 8udgment to the 'ational Penitentiary.  :he rst 3AC facility was created in @uilding 'o. E of the 5a;imum !ecurity Compound of the 'ew @ilibid Prison B'@P, 5untinlupa City. :o isolate the facility from the ma;imum security wing which was rocked by violence in "E$7, the 3AC was relocated to @uilding 'o. $, formerly referred to as 5etro Hail of the 5edium !ecurity Compound of Camp !ampaguita, '@P. :o further insulate the newly received inmates from gangs, the Center was transferred to what was once the military command post ad8acent to the 5edium !ecurity facility where the 3AC remains to this day. :he 3AC is a separate division with a technical function. :he Chief of the 3AC sees to its independence in carrying out its tasks of receiving and classifying all male national inmates committed to the @ureau of Corrections by the competent courts. :he 3AC chief reports directly to the Airector all the activities undertaken by 3AC personnel.  :he success of prison rehabilitation programs depends on how the 3AC handles the orientation, diagnosis and treatment of newly arrived inmates. 2very e9ort is made to determine an inmateKs strength as well as moral weaknesses, physical inade0uacies, character disorders, and his educational, social and vocational needs. -t is during the rst si;ty B?% days, during the initial contact between a prisoner and his new environment that primordial functions pertaining to his care and rehabilitation treatment are e;haustively carried out by the sta9. (t the end of the period, the inmate is ready for transfer to any of the penal institutions. 1e is e;pected to have overcome his fears and pre8udices and is prepared to cooperate in the implementation of his rehabilitation program. @eing the initial stop of every national male prisoner, the 3AC is constantly improving its rehabilitative programs. *ne such reform is the adoption of the behavioral modication modality. *riginally a program for drug dependents, the

3AC chief recogni)ed the potential of applying its principles to all committed inmates. :hus the 3AC was turned into a :herapeutic Community Camp on ebruary ?, 6%%7. *n Hune =, 6%%=, the 3AC also started erasing gang marks of all newly committed prisoners in an e9ort to eradicate the gang system within the @ureau. Later, then Airector Aionisio !antiago entrusted the administration of the 5untinlupa Huvenile :raining Center B5H:C to the 3AC through a memorandum dated Hune "#, 6%%>. nder a memorandum of Airector Dicente G. Dinarao dated 5arch 7", 6%%>, the 3AC was given administrative control over all other 3ACs of the @ureau of Corrections. :he 3AC has evolved into an institution that uses a modern positive approach towards penology. C$(5"e& 0 Non-O5e&("on(l N("on(l P&!on!:

@efore Jorld Jar --, two national prisons were established by the government which are no long operational. *ne was on Corregidor -sland and the other in the 5ountain Province. -n "E%# during the (merican regime, some "%% prisoners were transferred from the *ld @ilibid Prison to the Corregidor -sland Prison !tockage to work under military authorities. :his move was in accordance with an order from the Aepartment of  -nstructions, which approved the transfer of inmates so they could assist in maintenance and other operations in the stockade.  :he inmates were transported not to serve time but for prison labor. ntil the outbreak of the !econd Jorld Jar, inmates from @ilibid Prison were regularly sent to Corregidor for labor purposes. Jhen the Jar broke out, prisoners on Corregidor were returned to @ilibid Prison. :he island prison was never re+opened.  :he Philippine Legislature during the (merican regime also passed (ct 'o. "#$? providing for the establishment of a prison in @ontoc, 5ountain Province. :he prison was built for the prisoners of the province and insular prisoners who were members of the non+Christian tribes of 5ountain Province and 'ueva Discaya.  :he @ontoc prison could be reach only through narrow, poorly developed mountain roads. Aue to the enormous e;penses incurred in transporting personnel, e0uipment and supplies to the prison, the facility was abandoned and oIcially closed on (pril 6?, "E76. D.

PHILIPPINES CORRECTIONAL SYSTEM

:he Correctional !ystem in the Philippines is composed of si; agencies under three distinct and separate departments of the national government& :he Aepartment of Hustice or A*H/ :he Aepartment of -nterior and Local Government or A-LG/ and the Aepartment of !ocial Jelfare and Aevelopment or A!JA. :he @ureau of Corrections or @uCor, is an agency under the Aepartment of   Hustice, mandated to carry out institutional rehabilitation programs of the government for national o9enders, those sentenced to more than three years, and to ensure their safe custody. -t is composed of seven operating institutions strategically located all over the country to accept national prisoners. :he central oIce is located in the 'ew @ilibid Prison, 5untinlupa City, 5etro 5anila, where the Airector, the assistant directors and the general administration sta9 are holding oIcial functions.

MANDATE

 :12 P3-'C-P(L :(! * :12 @32( * C*332C:-*'! -! :12 321(@-L-:(:-*' * '(:-*'(L P3-!*'23! SLOGAN

@3-'G-'G @(C :12 A-G'-:4 * 5('. PRINCIPLES

:he @uCor adheres and adopts the following principles in accomplishing its mandated ob8ectives and performing its assigned functions& " :o conne prisoners by giving them ade0uate living spaces as the rst conditions to be met before any e9ective rehabilitation programs can be undertaken. 6 :o prevent prisoners from committing crimes while in custody. 7 :o provide humane treatment by a9ording them human basic needs in the prison environment and prohibiting cruel methods and provide a variety of rehabilitation program. A. Ad$e&en)e "o "$e Un"ed N("on! U.N.B S"(nd(&d Mn'#' R#le! %o& "$e T&e("'en" o% P&!one&! (nd "$e UN S"(nd(&d Mn'#' R#le! %o& NonC#!"od(l Me(!#&e!

 :he Philippines adheres to the provisions of the ' !tandard 5inimum 3ules for the :reatment of Prisoners and ' !tandard 5inimum 3ules for 'on+Custodial 5easures Bthe :okyo 3ules and other international human rights instruments which dene and guarantee the rights of inmates. !ome of these provisions are already embodied in the Philippine Constitution= and in its laws, rules and regulations and ordinances. !ection 6, (rticle of the Constitution, moreover, provides that “:he PhilippinesV adopts the generally accepted principles of international lawV”. 9. P&!onPen"en"(&y, 2(l D!"ng#!$ed

-n the Philippines, there is a distinction between a “8ail” and “prison”. ( “8ail” is dened as a place of connement for inmates under investigation or undergoing trial, or serving short+term sentences. -t is di9erentiated from the term “prison” which refers to the national prisons or penitentiaries managed and supervised by the @ureau of Corrections, an agency under the Aepartment of Hustice.> Hails include provincial, district, city and municipal 8ails managed and supervised by the Provincial Government and the @ureau of Hail 5anagement and Penology [email protected], respectively, which are both under the Aepartment of the -nterior and Local Government. 5unicipal and city prisoners are committed to municipal, city or district 8ails managed by the @H5P. ( district 8ail is a cluster of small 8ails, each having a monthly average population of ten or less inmates, and is located in the vicinity of the court.? Jhere the imposable penalty for the crime committed is more than si; months and the same was committed within the municipality, the o9ender must serve his or her sentence in the provincial 8ail which is under the *Ice of the Governor. Jhere the penalty imposed e;ceeds three years, the o9ender shall serve his or her sentence in the penal institutions of the @uCor. C. Fo#& Cl(!!e! o% P&!one&!

". -nsular or national prisoner M one who is sentenced to a prison term of three years and one day to death/ 6. Provincial prisoner M one who is sentenced to a prison term of si; months and one day to three years/ 7. City prisoner M one who is sentenced to a prison term of one day to three years/ and

=. 5unicipal Prisoner M one who is senten ced to a prison term of one day to si; months. D. T$&ee Ty5e! o% De"(nee!

". :hose undergoing investigation/ 6. :hose awaiting or undergoing trial/ and 7. :hose awaiting nal 8udgment. INSTITUTIONAL FRAMEOR> 

 :hree ma8or government functionaries are involved in the Philippine correctional system, namely& the Aepartment of Hustice BA*H, Aepartment of the -nterior and Local Government BA-LG and the Aepartment of !ocial Jelfare and Aevelopment BA!JA. :he A*H supervises the national penitentiaries through the @ureau of Corrections, administers the parole and probation system through the Parole and Probation (dministration, and assists the President in the grant of  e;ecutive clemency through the @oard of Pardons and Parole. A-LG supervises the provincial, district, city and municipal 8ails through the provincial governments and the @ureau of Hail 5anagement and Penology, respectively. A!JA supervises the regional rehabilitation centers for youth o9enders through the @ureau of Child and  4outh Jelfare. A. 9#&e(# o% Co&&e)"on! 9#Co&B @uCor has for its principal task the rehabilitation of national prisonersE, or those sentenced to serve modern penology and has shifted from the traditional view of imprisonment as societyKs retribution against criminal o9enders into one which regards imprisonment as a humani)ing and enriching e;perience. Corrections focus on rehabilitation and regards inmates as patients who need treatment and guidance in order to become productive and responsible members of society upon their release. (t present, @uCor has seven prison facilities for its 6?,$E6 prisoners. -t has one prison institution for women and one vocational training centre for 8uveniles. (ll prison institutions have their own 3eception and Aiagnostic Centre B3AC, Classication @oard, 3ehabilitation and Docational :raining Programmes, -nmate Complaints, -nformation and (ssistance Centre B-C-(C, -nmate Council and @oard of  Aiscipline. 3AC receives, studies and classies in mates committed to @uCor. :he Classication @oard classies inmates according to their security status. :o e;tend prompt, eIcient and timely services to inmates, @uCor created -C-( which is tasked to act, within seventy+two hours, on all the complaints, re0uests for information and assistance of inmates."% :he common complaintsre0uests made by inmates are complaints against employeesco+inmates, status of prisonersK release, computation of Good Conduct and :ime (llowance and problems regarding visitorsK visits. :he -nmate Council, which is composed of nally convicted inmates, serves as an advisory body of the !uperintendent of each institution."" :he @oard of Aiscipline hears complaints and grievances with regard to violations of prison rules and regulations. 9. 9#&e(# o% 2(l M(n(ge'en" (nd Penology 92MPB (lso known as the Hail @ureau, @H5P, an agency under the A-LG, was created pursuant to !ection ?%, 3epublic (ct 'o. ?E$>, which took e9ect on Hanuary 6, "EE". -t is mandated to direct, supervise and control nationwide. ". unctions Bi ormulate policies and guidelines on the administration of all district, city and municipal 8ails. Bii ormulate and implement policies for the programmes of correction, rehabilitation and treatment of inmates. Biii Plan and programme funds for the subsistence allowance of inmates.

Biv Conduct research, develop and implement plans and programmes for the improvement of 8ail services throughout the country."= (fter twelve B"6 years of e;istence as a separate agency under the A-LG, the @H5P still shares its responsibilities with the Philippine 'ational Police BP'P. :he involvement, however, of the police in penology and 8ail management is a temporary arrangement in view of @H5PKs limited capacity. C. 9#&e(# o% C$ld (nd Yo#"$ el%(&e

Presidential Aecree BP.A. 'o. ?%7, as amended"?, was promulgated to provide for the care and treatment of youth o9enders from the time of  apprehension up to the termination of the case"$. :he @ureau provides intensive treatment for the rehabilitation of youth o9enders on suspended sentence. nder the said law, a youth o9ender is dened as a child, minor or youth who is over nine years but less than eighteen years of age at the time of the commission of the o9ence."# D. P&o3n)(l Go3e&n'en"

Provincial 8ails, numbering "%= in all, including sub+provincial e;tensions, are under the supervision and control of the provincial governments."E E. P(&ole (nd P&o6("on Ad'n!"&("on PPAB

 :he PP( was created pursuant to Presidential Aecree BP.A. 'o. E?#6%, as amended, to administer the probation system. nder 2;ecutive *rder 'o. 6E66", the Probation (dministration was renamed as the “Parole and Probation (dministration”, and given the added function of supervising prisoners who, after serving part of their sentence in 8ails are released on parole or granted conditional pardon. :he PP( and the @oard of Pardons and Parole are the agencies involved in the non+institutional treatment of o9enders. Probation is the status of an accused who, after conviction and sentence, is released sub8ect to conditions imposed by the court and to the supervision of a probation oIcer.66 -t is a privilege granted by the court/ it cannot be availed of as a matter of right by a person convicted of a crime. :o be able to en8oy the benets of probation, it must rst be shown that an applicant has none of the dis0ualications imposed by law. ". Criteria for Probation -n determining whether an o9ender may be placed on probation, the court shall consider all information relative to the character, antecedents, environment, mental and physical condition of the o9ender, and available institutional and community resources. Probation shall be denied if the court nds that& Bi the o9ender is in need of correctional treatment that can be provided most e9ectively by his commitment to an institution/ Bii there is an undue risk that during the period of probation, the o9ender will commit another crime/ or Biii probation will depreciate the seriousness of the o9ence committed. 6. Ais0ualied *9enders *9enders who are dis0ualied are those& Bi sentenced to serve a ma;imum term of imprisonment of more than si; years/ Bii convicted of subversion or any o9ence against the security of the !tate, or the public order/ Biii who have previously been convicted by nal 8udgment of an o9ence punished by imprisonment of not less than one month and one day andor a ne of not more than :wo 1undred Pesos B 6%%.%%/ or Biv who have already been on probation under the provisions of the Aecree.

7. Probation Conditions  :he grant of probation is accompanied by mandatory or discretionary conditions imposed by the court& Bi :he mandatory conditions re0uire that the probationer shall Ba present himself or herself to the probation oIcer designated to undertake his or her supervision at each place as may be specied in the order within $6 hours from receipt of said order, and Bb report to the probation oIcer at least once a month at such time and place as specied by said oIcer. Bii Aiscretionary or special conditions are those additional conditions imposed on the probationer which are geared towards his or her correction and rehabilitation outside of prison and right in the community to which he or she belongs. ( violation of any of the conditions may lead either to a more restrictive modication of the same or the revocation of the grant of probation. Conse0uent to the revocation, the probationer will have to serve the sentence originally imposed. =. 3evocation of Probation (t 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. :he probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the violation charged. :he probationer+defendant may be admitted to bail pending such hearing. -n such case, the provisions regarding release on bail of persons charged with a crime shall be applicable to the arrested probationer. (n order revoking the grant of probation or modifying the terms and conditions of the said order cannot be appealed. F. 9o(&d o% P(&don! (nd P(&ole 9PPB  :he @oard of Pardons and Parole was created pursuant to (ct 'o. ="%7, as amended67. -t is the intent of the law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and e;cessive deprivation of personal liberty. ". unctions Bi :o grant parole to 0ualied prisoners/ Bii to recommend to the President the grant of pardon and other forms of e;ecutive clemency/ Biii to authori)e the transfer of residence of parolees and pardonees, order their arrest and recommitment, or grant their nal release and discharge.

6. @asis for Grant of Parole @PP may grant parole if it nds that& Bi the prisoner is t to be released/ Bii there is a reasonable probability that, if released, he or she will live and remain at liberty without violating the law/ and Biii his or her release will not be incompatible with the welfare of society.  :he @PP provides invaluable assistance to the President in e;ercising the power of e;ecutive clemency. -t is e;ercised with the ob8ective of preventing a miscarriage of 8ustice or correcting a manifest in8ustice. 2;ecutive clemency may be e;ercised through a reprieve, absolute pardon, conditional pardon, or commutation of sentence. !2C. "E. 2;cept in cases of impeachment, or as otherwise provided in the Constitution, the President may grant reprieves, commutations, and pardons, and remit nes and forfeitures, after conviction by nal 8udgment. 1e shall also have the power to grant amnesty with the concurrence of a ma8ority of all the members of the Congress. B(rticle $, "E#$ Constitution. ?Re5&[email protected]  refers to the deferment of the implementation of the sentence for an interval of time/ it does not annul the sentence but merely postpones or suspends its e;ecution. ?Co''#"("on o% Sen"en)[email protected]  refers to the reduction of 

the duration of a prison sentence of a prisoner. ?A6!ol#"e P([email protected] refers to the total e;tinction of the criminal liability of the individual to whom it is granted without any condition. -t restores to the individual his or her civil and political rights and remits the penalty imposed for the particular o9ence of which he or she was convicted. ?Cond"on(l P([email protected] refers to the e;emption of an individual, within certain limits or conditions, from the punishment which the law in
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