39236784 Community Based Correction

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NON-INSTITUTIONAL CORRECTION (COMMUNITY BASED-CORRECTIONS) By: Rico T. Musong, R.C.

Subject Code: Correctional Administration (CA) 2 Subject Course Title: Non-Institutional Corrections 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 histor historica icall backg backgrou round nd,, philos philosoph ophy, y, concep concepts ts and operat operation ion as a new new correc correctio tiona nall system system,, investigati investigation, on, selection selection and condition condition of probatio probation, n, distinction distinction between between incarcerat incarceration, ion, parole, parole, prob probat atio ionn and and othe otherr form formss of exec execut utiv ivee clem clemen ency cy,, tota totall invo involv lvem emen entt of prob probat atio ionn in the 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. Introduction: Community-based correction programs began in the 1970s, 1980s, and 1990s. The programs programs offer an alternati alternative ve to incarcerat incarceration ion within within the prison prison system. system. Many criminologist criminologistss 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 progra programs ms that that becam becamee known known as commun community ity-ba -based sed correc correctio tions. ns. These These facili facilitie ties, s, locate locatedd in neighb neighborh orhood oods, s, allowe allowedd offend offenders ers norma normall family family relati relations onship hipss and friend friendshi ships ps as well well as rehabilitation services such as counseling, instruction in basic living skills, how to apply for jobs, and work training and placement. Distinction between Institutional and Non-Institutional Correction Institutional Corrections -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. Non-Institutional correction (Community 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.

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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: to: 1. Repair the harm the offender has caused the victim or the Community 2. Provide for public safety 3. Rehabilitate and promote effective reintegration 

Community-based sanctions span a wide variety of residential, economic and non-residential treatment options.

Protection of the Public 

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A major criticism of traditional tr aditional probation probation and parole has been the failure to protect the public from future criminal acts this criticism can be addressed in several ways: Appropriate risk assessment must be utilized to select appropriate offenders The supervision of offenders should include proper monitoring of compliance with conditions Violations of supervised conditions must be take seriously

Rehabilitation 

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A goal of community corrections programs is to correct inadequacies inadequacies that contribute to criminal behavior. Typical problems encountered include drug or alcohol addiction, lack of emotional control, inadequate education education or vocational training, lack of parenting skills, mental illness and developmental developmental disability. Correctional treatment or programming is the means by which offenders receive assistance for their problems. Proponents believe that if the issues related to criminal behavior for certain offenders are addressed, recidivism can be reduced between 10 and 60% BUT The Corrections Program Assessment Inventory (CPAI) indicates that only 10-20% of all correctional treatment programs are “high quality” The key is to replace ineffective programs with one that work.

Community Reintegration

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POPSHEETS IN CORRECTIONAL ADMINISTRATION- 2 [email protected]

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: to: 1. Repair the harm the offender has caused the victim or the Community 2. Provide for public safety 3. Rehabilitate and promote effective reintegration 

Community-based sanctions span a wide variety of residential, economic and non-residential treatment options.

Protection of the Public 

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A major criticism of traditional tr aditional probation probation and parole has been the failure to protect the public from future criminal acts this criticism can be addressed in several ways: Appropriate risk assessment must be utilized to select appropriate offenders The supervision of offenders should include proper monitoring of compliance with conditions Violations of supervised conditions must be take seriously

Rehabilitation 

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A goal of community corrections programs is to correct inadequacies inadequacies that contribute to criminal behavior. Typical problems encountered include drug or alcohol addiction, lack of emotional control, inadequate education education or vocational training, lack of parenting skills, mental illness and developmental developmental disability. Correctional treatment or programming is the means by which offenders receive assistance for their problems. Proponents believe that if the issues related to criminal behavior for certain offenders are addressed, recidivism can be reduced between 10 and 60% BUT The Corrections Program Assessment Inventory (CPAI) indicates that only 10-20% of all correctional treatment programs are “high quality” The key is to replace ineffective programs with one that work.

Community Reintegration

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The 1967 President’s Commission on Law Enforcement and “reintegration”. Administration of Justice introduced the term “reintegration”. Institutions isolate offenders physically and psychologically. Reintegration stresses adaptation to the community by requiring participation in programs programs that develop accomplishments accomplishments and the use of skills in the community

Restorative or Community Justice 

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Restorative Justice is victim centered and emphasizes offender responsibility to repair the injustice that offenders have caused their victims When a crime is committed the offender harms both the individual victim and the community The offender must repair the damage by remaining in the community and repaying the victim and the community at large

Public Shaming as Punishment -Some offenders can be deterred from future criminal conduct by being publicly shamed. 

To be effective, shaming must have five conditions: conditions:  

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The offender must belong to an identifiable group The form of shaming must be sufficient to compromise the person’s social standing in the group The punishment must be communicated to the community The offender must fear being shunned Normally, there must be a method for the offender to regain social status

The Effectiveness of Community-Based Corrections  

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Origins of the “Nothing Works” Argument Robert Martinson’s 1974 study of 231 correctional treatment programs concluded few had an appreciable effect on recidivism Lipton, Martinson and Wilks reported reaching a similar s imilar conclusion in 1975 Both studies set off a national debate on the effectiveness of corrections Martinson’s study coincided with a conservative era of national politics  when rehabilitative rehabilitative philosophy was was associated with liberal liberal politics corrections” attempts to measure the process of a “Evidence-based corrections” program and the impact it had on participants

How do we measure effectiveness? -Net Widening and the Effectiveness of Community-Based Corrections

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Net widening : Sanction is utilized unnecessarily in lieu of a less restrictive, and less costly, alternative Evaluations of community service, ISP and boot camps reflect similar recidivism rates for new crimes as comparable offenders receiving other sentences Whether this is good or bad depends on whether the participants would have otherwise been in a less restrictive program (probation) or more restrictive program (prison)

Using Recidivism to Measure Program Effectiveness Recidivism, or the rate of recidivism, is the most common form of measurement of program or treatment effectiveness Recidivism is defined as repetition or return to criminal behavior, measured by: 

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Re-arrest, Reconviction, or Re-incarceration Different studies identify recidivism in different ways, making comparisons of effectiveness difficult

Methodological Considerations for Recidivism Studies    

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“Effectiveness” of community corrections depends on: How recidivism is measured Period of measurement Whether recidivism rates are compared with rates of offenders of similar age and criminal history or with no control group Whether group assignment is random or quasi-experimental Whether similar results would have occurred with a lesser or greater sanction

Pretrial Release, Supervision, and Diversion History of Pretrial Release 

Historical Antecedents

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Colonial Era – Private sureties (family, friends, employers) Late 19th Century – Rise of commercial bail bond industry 1960’s and 70’s – Rising concerns about fairness of bail system Modern Systems of Pretrial Services Manhattan Bail Project formed in early 60’s to assist judges in identifying

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defendants who could be released on their own recognizance MBP model subsequently adopted by hundreds of jurisdictions In 1984, the Federal Bail Reform Act added the safety of the public to the likelihood of appearance as criteria for pretrial release

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Pretrial Services Primary Functions Gathering and presenting defendant information Inform pretrial detention decision Inform bail and/or terms of release Supervising defendants Compliance with release conditions Ensuring appearance Public safety

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Diversion Also known as Adjournment in Contemplation of Dismissal (ACD) Charges dismissed if individual meets conditions of the court

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What is Penalty? 

It is the suffering that is inflicted by the State for the transgression of a law.  In its general sense, signifies pain; especially considered in the juridical sphere, it means suffering undergone, because of the action of human society, by one who commits a crime. (Pessina, Elementos de Derecho Penal, pp. 375-376) What are the juridical conditions of penalty?       

Must be productive of suffering, without however affecting the integrity of the human personality. Must be commensurate with the offense – different crimes must be punished with different penalties. Must be personal – no one should be punished for the crime of another. Must be legal – it is the consequence of a judgment according to law. Must be certain – no one may escape its effects. Must be equal for all. Must be correctional.

What is the purpose of the State in punishing crimes? 

To secure justice. The State has an existence of its own to maintain, a conscience of it’s to assert, and moral principles to be vindicated.

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Penal justice must be therefore be exercised by the State in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted.

What are the theories justifying penalty? • • • • •

Prevention Self-defense Reformation Exemplarity Justice

Note: Social defense and exemplarity justify the penalty of death. Three-fold purpose of the penalty of RPC: 1. Retribution or Expiation – the penalty is commensurate with the gravity of the offense. 2. Correction or Reformation – as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty. 3. Social defense – shown by its inflexible severity to recidivists and habitual delinquents. When penalty may not be imposed? 

No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Art 21,RPC)

When penal laws shall have a retroactive effect? 

Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal. (Art. 22, RPC) Although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

Note: General rule is to give criminal laws prospective effect. The favorable retroactive effects of a new law find the defendant in one of these three situations: • • •

The crime has been committed and prosecution begins; Sentence has been passed but service has not begun; The sentence is being carried out. (Escalante vs. Santos, supra)

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What are the measures of prevention or safety are not considered penalties? 

(Art. 24, RPC) The arrest and temporary detention of accused persons

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The commitment of a minor to any of the institutions mentioned in RA 9344.

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Suspension from the employment or public office during the trial or in order to institute proceedings.

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Fines and other corrective measures.

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Deprivation of rights and the reparations which the civil law may establish in penal form.

What are the penalties may be imposed? 1. Principal Penalties:  

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Capital Punishment:  Death Afflictive Penalties:  Reclusion Perpetua  Reclusion Temporal  Perpetual or Temporary Absolute Disqualification  Perpetual or Temporary  Special Disqualification  Prision Mayor Correctional Penalties:  Prision Correccional  Arresto Mayor  Suspension  Destierro Light Penalties:  Arresto Menor  Public Censure Penalties common to the three preceding classes:  Fine, and  Bond to keep the peace.

2. Accessory Penalties: 

Perpetual or Temporary Absolute Disqualification  Perpetual or Temporary Special Disqualification  Suspension from public office, the right to vote and be voted for, the profession or calling  Civil interdiction

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Indemnification  Forfeiture or confiscation of instruments and proceeds of the offense, and  Payment of Cost What are the classifications of penalties? 

(Art. 25, RPC) Principal penalties – those expressly imposed by the court in the judgment of conviction.

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Accessory penalties – those that are deemed included in the imposition of the principal penalties.

Classifications of Principal penalty: 1. Indivisible penalties – are those which have no fixed duration, are: Death Reclusion Perpetua Perpetual absolute or special disqualification Public Censure. 2. Divisible penalties – are those that have fixed duration and are divisible into three periods. When a fine is afflictive penalty? (Art. 26, RPC) A fine shall be considered an afflictive penalty, if it exceeds 6,000 pesos. When a fine is correctional penalty? A fine shall be considered a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos. When a fine is light penalty? A fine is light penalty, if it be less than 200 pesos. What is the duration of each penalty? (Art. 27, RPC): • • • • • •

Reclusion Perpetua – shall be from twenty years and one day to forty years. Reclusion Temporal – 12 years and 1 day to 20 years. Prision Mayor – 6 years and 1 day to 12 years. Prision Correccional – 6 months and 1 day to six years. Arresto Mayor – 1 month and 1 day to 6 months. Arresto Menor – 1 day to 30 days.

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Bond to keep the peace – shall be required to cover such period of time as the court may determine.

In what cases destierro imposed? •

Serious physical injuries or death under exceptional circumstances. (Art. 247)

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In case of failure to give bond for good behavior. (Art. 248)

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As a penalty for the concubine in concubinage. (Art. 334)

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In cases where after reducing the penalty by one or more degrees destierro is the proper penalty.

When there is preventive imprisonment? 

The accused undergoes preventive imprisonment when the offense charged is nonbailable, he cannot furnish the required bail.

What is civil interdiction? 

It is the deprivation of the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property, and of the right to dispose of such property by any act or any conveyance inter vivos. (Art. 34, RPC

What is the effect of bond to keep the peace? 

Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months,  if he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. (Par. 3, Art. 35, RPC)  Note: Bond to keep the peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime. What are the effects of pardon by the President? 

A pardon shall not restore the right to hold public office or the right of suffrage. It shall not exempt the culprit from the payment of the civil indemnity.  Exception: When any or both such rights is or are expressly restored by the terms of the pardon.(Art. 36, RPC) When pardon may be granted?

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Pardon may be granted only after conviction by final judgment.

What is Cost? 

Cost shall include fees and indemnities in the course of the judicial proceedings, whether they are fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule.

What are the pecuniary liabilities of persons criminally liable? 

The reparation of the damage caused.  Indemnification of the consequential damages.  Fine.  Costs of Proceedings. (Art. 38, RPC) What is subsidiary penalty? 

It is a subsidiary personal liability to be suffered by the convict who has no property with  which to meet the fine, at the rate of one day for each eight pesos, subject to the rules provided for in Article 39.

When Subsidiary penalty is not imposable? 

When the penalty imposed is higher than prision correctional. (Par. 3, Art. 39, RPC)  For failure to pay the reparation of the damage caused, indemnification of the consequential damages, and the costs of the proceedings. 

When the penalty imposed is fine and a penalty not to be executed by confinement in a penal institution and which has no fixed duration.

When there is a complex crime? 

When a single act constitutes two or more grave or less grave felonies. (compound crime)  When an offense is a necessary means for committing the other. (complex crime proper) Note: No complex crime where one of the offenses is penalized by a special law. What is special complex crime? 

Cases which seem to be complex crimes but cannot be considered as such, as the RPC specially provides penalty therefore. Example: Robbery with Homicide (Art. 294, par. 1), Robbery with Rape (Art. 294, par. 2), Kidnapping with Serious Physical Injuries (Art. 267, par. 3), Kidnapping with Murder or Homicide (Art. 267, last par.), or Rape with Homicide (Art. 335).

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What is Plurality of crimes? 

It consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared.

What is continued crime? 

It is a single crime consisting of a series of acts but all arising from one criminal resolution.

What is the penalty for impossible crime? 

The penalty for impossible crime is arresto mayor or a fine ranging from 200 to 500 pesos.

What are the basis for imposition of penalty for impossible of crime? 

Social danger, and Degree of criminality shown by the offender.

When maximum penalty shall be imposed? 

When in the commission of the crime, advantage was taken by the offender of his public position; If the offense was committed by any person who belongs to an organized/syndicated crime group.

What is an organized/syndicated crime group? 

A group of two or more persons collaborating confederating or mutually helping one another for purposes of gain in the commission of any crime.

What is the effect of the attendance of aggravating circumstances? 

Increasing the penalty, without, however, exceeding the maximum penalty.

What is the effect of the attendance of mitigating circumstances? 

Diminishing the penalty.

What is the effect of habitual delinquency? 

Habitual delinquency has the effect, not only of increasing the penalty because of recidivism which is generally implied in habitual delinquency, but also of imposing an additional penalty.

Who is habitual delinquent?

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A person is habitual delinquent if within a period of ten years from the date of his (last) release or last conviction of the crimes of: serious or less serious physical injuries, robo (robbery), hurto (theft), estafa, or falsification, he is found guilty of any of said crimes a third time or oftener. • • • • • •

What are the requisites of habitual delinquency? 

That the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification.  That after conviction or after serving his sentence, he again committed, and within 10 years from his release or first conviction, he was again convicted of any of the said crimes for the second time.  That after conviction of, or after serving sentence for, the second offense, he again committed, and, within 10 years from his last release or last conviction, he was again convicted of any of said offenses, the third time oftener. What is the distinction of habitual delinquency from recidivism? 

As the crime committed: In recidivism, it is sufficient that the accused on the date of his trial, shall been previously convicted by final judgment of another crime embraced in the same title of the Code; in habitual delinquency, the crimes are specified.  As to the period of time the crimes are committed: In recidivism, no period of time between the former conviction and the last conviction is fixed by law; in habitual delinquency, the offender is found guilty of any of the crimes specified within ten years from his last release or last conviction.  As to the number of crimes committed: In recidivism, the second conviction for an offense embraced in the same title of the Code is sufficient; in habitual delinquency, the accused must be found guilty the third time or oftener of any of the crimes specified. (People vs. Bernal, 63 Phil. 750, 755)  As to their effects: Recidivism, if not offset by a mitigating circumstance, serves to increase the penalty only to the maximum; whereas, if there is habitual delinquency, an additional penalty is also imposed. •

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What is three-fold rule?

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According to the three-fold rule, the ,maximum duration of the convict’s sentence shall not be more three times the length of time corresponding to the most severe of the penalties imposed upon him. (Art. 70, RPC)

When three-fold rule is applicable? 

The three-fold rule applies only when the convict has to serve at least four sentences.

What are the reasons for fixing the Minimum and Maximum penalties in the indeterminate sentence? 

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Whenever any prisoner shall have served the minimum penalty imposed on him, and it shall appear to the Board of Indeterminate Sentence that such prisoner is fitted for release, said Board may authorize the release of such prisoner on parole, upon such terms and conditions as may be prescribed by the Board. Whenever such prisoner released on parole shall, during the period of surveillance, violate any of the conditions of his parole, the Board may issue an order for his arrest. In such case, the prisoner so rearrested shall serve the remaining unexpired portion of the maximum sentence. (Sec. 5 and 8, Act No. 4103) Even if a prisoner has already served the minimum, but he is not fitted for release on parole, he shall continue to serve imprisonment until the end of the maximum. – It is mandatory in the cases specified therein, for it employs the phrases “convicts shall be sentenced” and “the court shall sentence the accused to an indeterminate sentence.” (People vs. Yu Lian, CA., O.G. 4205)

When and how penalty is to be executed? 

No penalty shall be executed except by virtue of a final judgment.  A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incident than those expressly authorized thereby. (Art. 78, RPC) When death sentence shall be suspended? 

Death sentence shall be suspended when the accused is: • • • •

Woman, while pregnant; Woman, within one year after delivery; Person over 70 years of age. The suspension of the execution of the sentence as regards a person over 70 years old is necessary to give the President time to act, because only the President can communicate the sentence.

Who may witness death execution?

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priest assisting the offender, offender’s lawyers, offender’s relatives, not exceeding six, if so requested, physician, and necessary personnel of penal establishment. When criminal liability is totally extinguished? By the death of the convict; By service of the sentence; By amnesty, which completely extinguishes the penalty and all its effects; By absolute pardon By prescription of the crime; By prescription of the penalty; By the marriage of the offended woman, as provided in Art. 344 of this Code. Extinction of criminal liability does not automatically extinguish the civil liability. (Petralba vs. Sandiganbayan, 200 SCRA 644) Prescription of Crimes – the loss or forfeiture of the power of the State to prosecute offenses after the lapse of the period prescribed by law. Prescription of Penalty – the loss or forfeiture of the power of the State to impose punishment after the lapse of the period prescribed by law. When crime is prescribed?      

Crimes punishable by death, reclusion perpetua or temporal shall prescribe in 20 years. Crimes punishable by other afflictive penalties shall prescribe in 15 years. Those punishable by a correctional penalty shall prescribe in 10 years; with exception of those punishable by arresto mayor, which shall prescribe in 5 years. The Crime of libel or other similar offenses shall prescribe in 1 year. The offenses of oral defamation and slander by deed shall prescribe in 6 moths. Light offenses prescribe in 2 months.

When and how penalties prescribe? 

The penalties imposed by final sentence prescribe as follows: Death and reclusion perpetua, in 20 years; Other afflictive penalties, in 15 years; Correctional penalties, in 10 years, with the exception of the penalty of arresto mayor, which prescribes in 5 years. Light penalties, in 1 year. • • •

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When criminal liability is partially extinguished? 

By conditional pardon; By commutation of the sentence; and For good conduct allowances  which the culprit may earn while he is serving sentence.

What is commutation of sentence?

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It is a change of the decision of the court made by the Chief Executive by reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of the imprisonment or the amount of the fine.

What are the benefits of a prisoner for good conduct? 

The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: During the first 2 years of imprisonment, he shall be allowed a deduction of five days for each month of good behavior; During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior; During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of 15 days for each month of good behavior. •

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- Note: No allowance for good conduct while prisoner is released under conditional pardon. What is special time allowance for loyalty of prisoner? It is a deduction of 1/5 of the period of the sentence of a prisoner of whom, having evaded the service of his sentence during the calamity or catastrophe mentioned in Art. 158, gives himself up to the authorities within 48 hours following the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe. The deduction of 1/5 is based on the original sentence. Who grants time allowance? 

Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct.  Such allowances once granted shall not be revoked. (Art. 99, RPC)  Every person criminally liable for a felony is also civilly liable. (Art. 100, RPC) Two classifications of injuries causes of an offense: 

Social injury produced by the disturbance and alarm which are the outcome of the offense.  Personal injury, caused to the victim of the crime who may have suffered damage, either to his person, to his property, to his honor, or to her chastity. Prejudicial question is an exception to the rule that the criminal action shall be decided first and that the civil action should be suspended. What is prejudicial question?

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It is a question is one which arises in a case, the resolution of which is a logical antecedent of the issue involved in said case, and the cognizance of which pertains to another tribunal.

What are the elements of Prejudicial Question? 

The civil action involves an issue similar or intimately related to the issue raised in the criminal action; and The resolution of such issue determines whether or not the criminal action may proceed. Sec. 5, Rule 111, Rules of Court)

What is included in civil liability? 

Restitution – in theft, the culprit is duty-bound to return the property stolen;  Reparation of damage caused – in case of inability to return the property stolen, the culprit must pay the value of the property stolen; Indemnification for consequential damages – the loss of his salary or earning.  When civil liability is extinguished?     

By payment or performance; By the loss of the thing due; By the condonation or remission of the debt; By the confusion or merger of the rights of creditor and debtor; By compensation; By novation.

When civil liability may arise? 

Crime,  Breach of Contract (culpa contractual), or  Tortious act (culpa aquiliana).

Community-Based Treatment Programs The community-based treatment programs are those programs that are intended to treat criminal offenders with 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. Forms of Community-Based Programs 1. PROBATION – It is a disposition whereby a defendant, after conviction of an offense, the penalty of which does not exceed 6 years of imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision of a probation officer.

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Probation is a substitute for imprisonment, the probationer is compared to an out-patient, a sick person who does not need to be hospitalized because his illness is considered less serious. Presidential Decree 968 otherwise known as the “Philippine Probation Law” approved and took effect on July 24, 1976. Section 18, PD 968 as amended states the creation of Probation Administration under the DOJ, which shall exercises general supervision over all probationers. 2. PAROLE Parole is the process of suspending the sentence of a convict after having served the minimum of his sentence without granting him pardon, and prescribing the terms upon which the sentence shall be suspended. (Cirilo Tradio). It is a decision by an authority constituted accordingly by statute to determine the portion of the sentence, which the inmate can complete outside of the institution. It is the status of serving the remainder of the sentence of a convict in the community in accordance with the rules and regulations set-up by the Board of Parole. (Correctional and Parole Administration). * Parole is not a reward per se for good behavior but rather, it is a follow-up of his institutional program. * Parole is not claimed as a right but it is granted by the Board as a privilege to a qualified prisoner. The Board of Pardons and Parole (BPP) A quasi-judicial body which was created under Act no. 4103 otherwise known as the Indeterminate Sentence Law or the Parole Law, the agency that grants parole to any prisoner who is qualified to enjoy its benefit. It employs the service of Parole Officers in providing supervision and guidance to parolees. Who are disqualified for Parole? 1. Those prisoners who are sentenced with capital punishment or life imprisonment, 2. Those who are convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion, sedition or piracy, 3. Habitual Offenders, 4. Those who escaped from confinement or evaded sentence, 5. Those who have been granted with conditional pardon but violated the terms and conditions thereof, and 6. Those prisoners who are serving a maximum term of imprisonment not exceeding one year. 3. CONDITIONAL PARDON Conditional pardon serves the purpose of releasing, through executive clemency, a prisoner who is already reformed or rehabilitated but who can not be paroled because the parole law does not apply to him.

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Distinction of Parole from Probation Parole:

Probation:

1. An administrative function exercised by the executive branch of government

1. It is a judicial function

2. Granted to a prisoner only after he has served minimum of his sentenced. prison 3. It is an extension of institutional treatment program.

2. Granted to an offender Immediately after conviction in

4. It is granted by the BPP 5. Parolee is supervised by a Parole Officer

4. It is granted by the court 5. Probationer is supervised by a Probation Officer.

3. It is a substitute for imprisonment.

PAROLE AND PROBATION ADMINISTRATION - (PPA) The PAROLE AND PROBATION ADMINISTRATION - (PPA) is an attached agency of the Department of Justice which provides a less costly alternative to imprisonment of offenders who are likely to respond to individualized community based treatment programs.

MANDATE Under the Probation Law of 1976, PPA is mandated to: •

•

•

Promote the correction and rehabilitation of an offender by providing him with individualized treatment; Provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and Prevent the commission of offenses.

MISSION The PAROLE AND PROBATION ADMINISTRATION - (PPA)'s mission is to rehabilitate probationers, parolees and pardonees and promote their development as integral persons by utilizing innovative interventions and techniques which respect the dignity of and recognize his divine destiny.

VISION

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A model component of the Philippine Correctional System to enhance the quality of life of its clients through multi-disciplinary programs and resources, an efficient organization, and a highly professional and committed workforce in order to promote social justice and development.

Programs and Services A. Post-Sentence Investigation. After conviction and sentence, a convicted offender or his counsel files a petition for probation with the trail court, who in turn orders the Probation Officer to conduct a postsentence investigation to determine whether a convicted offender may be placed on probation or not. The role of the probation officer in this phase is to conduct the post-sentence investigation and to submit his report to the court within the period not later than 60 days from receipt of the order of the Court to conduct the said investigation. B. Pre-Parole Investigation. The PAROLE AND PROBATION ADMINISTRATION - (PPA) conducts pre-parole investigation of all sentenced prisoners confined in prisons and jails within their jurisdiction. Purpose of Pre-Parole Investigation The purpose is to determine whether offenders confined in prisons/jails are qualified for parole or any form of executive clemency and to discuss with them their plans after release. Probation officers submit their pre-parole assessment reports to the Board of Pardons and Parole. C. Supervision of Offenders. The Agency supervises two types of offenders under conditional release: (1) probationers, or persons placed under probation by the courts; (2) parolees and pardonees, or prisoners released on parole or conditional pardon and referred by the Board of Pardons and Parole (BPP) to PAROLE AND PROBATION ADMINISTRATION - (PPA). The Objectives of Supervision The objectives of supervision are to carry out the conditions set forth in the probation/parole order, to ascertain whether the probationer/parolee/pardonee is complying  with the said conditions, and to bring about the rehabilitation of the client and his re-integration into the community. D. Rehabilitation Programs.

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The treatment process employed by the field officers focused on particular needs of probationers, parolees and pardonees. Assistance is provided to the clientele in the form of job placement, skills training, spiritual/moral upliftment, counseling, etc. Community Linkages Probation/Parole, as a community-based treatment program, depends on available resources in the community for the rehabilitation of offenders. Thus, the Agency, recognizing the important role of the community as a rehabilitation agent, involves the community in probation work through the use of volunteer workers and welfare agencies. Presidential Decree No. 968 permits the utilization of the services of Volunteer Probation Aides to assist the Probation and Parole Officers in the supervision of probationers, parolees and pardonees particularly in the areas where the caseload is heavy and the office is understaff or  where the residence of the clientele is very far from the Parole and Probation Office. As defined, a Volunteer Probation Aide is a volunteer who is a citizen of good moral character and good standing in the community, who has been carefully selected and trained to do volunteer probation work. He is appointed by the Administrator after successful completion of the Introductory Training Course for probation volunteers. His term of office is one year but can be renewed thereafter or terminated earlier depending upon his performance and willingness to serve. Further, the PAROLE AND PROBATION ADMINISTRATION - (PPA), through its Community Services Division, Regional and Field Offices nationwide, has been tapping government/nongovernment organizations/individuals for various rehabilitation programs and activities for probationers, parolees and pardonees.

Origins of probation and parole Despite the differences between probation and parole, there are many similarities between the two types of community corrections. Both were initially developed as methods to mitigate the severity of punishment.

The origin of probation 

Origin of Probation started in the United States as early 1841. PROBATION - A term coined by John Augustus, From the Latin verb "probare" - to prove, to test.  The origins of probation can be traced to English criminal law of the Middle Ages. Harsh punishments were imposed on adults and children alike for offenses that were not always if a serious nature. 

Sentences such as branding, flogging, mutilation, and execution were common.



During the time of King Henry VIII, for instance, no less than 200 crimes were punishable by death, many of which were minor offenses.

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Two names are most closely associated with the founding of probation: 

Matthew Davenport Hill, an 18th century English barrister and judge.  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 

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. 

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:

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

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.



1858- The first probation statute, enacted in Massachusetts shortly after this death, was  widely attributed to his efforts.



1887- 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.



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



1901- Had its beginning the Probation in New York State, with the enactment of the first probation in the state.



1907- One of the commission's recommendations in its report to the Legislature resulted in the creation of the New York State Probation Commission.



1917- A State Division of Probation was established within the NYS Department of Corrections, and in



1928- the Office of the Director of Probation was created. The State's Division of Probation remained within the Department of Corrections until 1970 when it was organized as a separate state agency within the Executive Department.



1944- a law was passed in the United States requiring all states for the appointment of probation officers.



1984- the Classification/Alternatives Law expanded the authority of the state division. The name was changed to the New York State Division of Probation and Correctional

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Alternatives, enhancing the division's ability to foster the development and effective implementation of local community-based corrections. Father Cook 

Also from Boston, became interested in youths who were tried and whose cases were due to circumstances rather than to character. He investigated each case and finding the offenders not hardened and still susceptible to reforms, he made himself available to the courts as adviser, In 1870.

Edward Savage 

The first probation officer employed by the government of the United States based on the passage of a law.

Historical Background of Probation in the Philippines: 

Probation was first introduced in the Philippines during the American colonial period (18981945) with the enactment of Act No. 4221 of the Philippines Legislature on August 7, 1935.



This law created a Probation Office under the Department of Justice.



On November 16, 1937, after barely two years of existence, the Supreme Court of the Philippines declared the Probation Law Unconstitutional because of some defects in the law’s procedural framework.



In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in the Philippines.



However, it was pending in the senate when Martial Law was declared and Congress was abolished.



Teodolu C. Natividad initiated the drafting of Probation System.



In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18 technical hearings over a period of six months, the draft decree was presented to a selected group of 369 jurists, penologists, civic leaders and social and behavioral scientists and practitioners.



The group overwhelmingly indorsed the establishment of an Adult Probation System in the country.



On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law by the President of the Philippines.

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On January 3, 1978, the probation system started to operate. There are at present 204 filed offices spread all over the country, supervised by 15 regional offices

What is PD No. 968, as amended by PD 1257, BP 76, and PD 1990? 

A decree establishing a Probation System.

What is Probation? 

It is a disposition under which a defendant, after conviction and sentence, the penalty of  which does not exceed 6 years of imprisonment, is released subject to conditions imposed by the court and to the supervision of a probation officer.

What is Probation Officer? 

It is one who investigates for the court referral for probation or supervises a probationer or both.

What is Probationer? 

It is a person placed on probation.

Is Probation a Right? 

No, it is a mere privilege. It is a privilege granted by the court; it cannot be availed of as a matter of right by a person convicted of a crime. To be able to enjoy the benefits of probation, it must first be shown that an applicant has none of the disqualifications imposed by law.

Who can apply for Probation? 

Any convicted offender who is eighteen (18) years old or above.

Who may grant the Probation? 

The trial court has convicted and sentenced a defendant.

Will Probation be automatically granted to one whose sentence is six (6) years or less? No, When probation shall be denied? 

Probation shall be denied if the court finds that: 

the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or

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there is an undue risk that during the period of probation, the offender will commit another crime; or probation will depreciate the seriousness of the offense committed.

The grant or denial of an application for probation does not rest solely on the offender’s potentiality to reform but also on the observance of demands of justice and public interest. (Tolentino vs. Alconcel, 121 SCRA 92)

When probation may be granted? 

Probation may be granted whether the sentence imposes a term of imprisonment or a fine  with subsidiary imprisonment in case of insolvency.



Upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best.



Provided, that no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.

What is Post-Sentence Investigation? 

It is an investigation conducted by the probation officer before the probation-applicant may be placed in probation for the determination by the court that the ends of justice and the best interest of the public as well as that of the defendant will be served thereby.

What is the period for submission of Investigation Report? 

The Probation Officer shall submit to the court the investigation report on a defendant not later than 60 days from receipt of the order of said court to conduct investigation.

What are the criteria for placing an offender on probation? 1. The court shall consider all information relative to the following:     

character, antecedents, environment, mental, and physical

2. Condition of the offender, and available institutional and community resources. Who are the offenders disqualified from being placed on probation?

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

Those sentenced to serve a maximum term of imprisonment of more than six (6) years and one (1) day and above;



Those convicted of subversion or any crime against the national security or public order;



Those convicted who were previously convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and / or a fine not more than two hundred pesos (P 200.00);



Those who have been once on probation under the provisions of the law; and



Those who are already serving sentence at the time the substantive provisions of the law became applicable pursuant to Section 33 thereof.



Those whose conviction is on appeal.

What are the conditions of probation? 

Every probation order issued by the court shall contain conditions requiring the probationer to: 

   

present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order within 72 hours from receipt of the order; report to the probation officer at least once a month at such time and place as specified by said officer. Even if a convicted person falls within the classes of those qualified for probation, the grant of probation is not automatic or ministerial. Probation is a privilege and its grant rests upon the discretion of the court. The discretion is exercised primarily for the benefit of society as a whole and only secondarily for the personal advantage of the accused. (Amandy vs, People, 161 SCRA 436, 443)

What is the effect of probation on accessory penalties? 

Accessory penalties are deemed suspended once probation is granted. (Baclayon vs. Mutia)

What is the effect of violation of probation order? 

Upon the failure of the probationer to comply with any of the conditions prescribed in the order, or upon his commission of another offense, he shall serve the penalty imposed for the offense under which he was placed on probation.

When should an application for probation be filed?

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-Anytime before the offender starts serving his sentence but within 15 days from the promulgation of notice of the judgment of conviction. What will happen if the application for probation is denied? -The offender will be sent by the sentencing court to prison to serve his sentence. May an offender be released from confinement while his application for Probation is pending? -Yes, the applicant may be released under the bail he filed in the criminal case, or under recognizance. How many times can one be granted Probation? -Only once; that the probation granted to the offender. For how long may a convict be placed on probation? 

If the convict is sentenced to a term of imprisonment of not more than one (1) year, the period of probation shall not exceed two (2) years.



In all other cases, if he is sentenced to more than one (1) year, said period shall not exceed six (6) years.



When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment, the period of probation shall be twice the total number of days of subsidiary imprisonment.

What will happen if a probationer violets the conditions of probation? -The court may modify the conditions of probation or revoke the same. If the violation is serious, the court may order the probationer to serve his sentence. The probationer may also arrested and criminally prosecuted if the violation is a criminal offense. When may a probationer be arrested, and what is the disposition once he is arrested?     

The violation of the conditions of probation must be serious to justify the issuance of a  warrant of arrest. The defendant may be admitted to bail pending hearing. The hearing is summary in nature, but the probationer shall have the right to be informed of the violation charged and to adduce evidence in his favor. Court is not bound by the technical rules of evidence. If the violation is established, the court may revoke or continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed.

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The order revoking the grant of probation or modifying the term and conditions thereof is not appealable. (Circumlocutory Order)

Advantages of Probation: 1. The convicted criminal offender can continue to work in his place of employment. 2. It prevents the tendency of broken homes. 3. It relieves prison congestion. The three-fold purposes of PD 968: 

Promote the correction and rehabilitation of an offender by providing him with individualized treatment;  Provide an opportunity for the reformation of a penitent offender, which might be less probable if he were to serve a prison sentence; and 

Prevent the commission of offenses.

Probation affects only the criminal aspect of the case but not included the civil. Hence, civil case should be heard. (Budlong vs. Apalisok, 122 SCRA 935)

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 thereupon the case is deemed terminated.

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What is parole? 

The process of suspending the sentence of a convict after having served minimum of his sentence without granting him pardon, and prescribing the terms upon which the sentence shall be suspended.  It is a procedure by which prisoners are selected for released and a service by which they are provided with the necessary controls, assistance and guidance as they serve the remainder of their sentence in the free community.  It is a form of conditional released that is granted after a prisoner has served a portion of his sentence in a correctional institution.  It is decision by an authority constituted accordingly by statute to determine the portion of the sentence, which the inmates can complete outside of the institution. It is the status of serving the remainder of the sentence of a convict in the community in accordance with the rules and regulations set-up by the Board and Parole. Note: parole is not a reward per se for good behavior but rather it is a follow-up of his institutional program. It is not claimed as a matter of right but a privilege to be granted by the board to a qualified prisoner. Who may be granted Parole? 

A prisoner may be granted parole after serving the minimum period of his indeterminate prison sentence.

Who cannot be granted Parole? 

Generally, those sentenced to a term of imprisonment of one year or less, or to a prison sentence without a minimum term of imprisonment.

Who may grant Parole to a prisoner? 

The Board of Pardons and Parole, an agency under the office of the Secretary of Justice.

When may a prisoner be granted Parole? 

Whenever the Board of Pardons and Parole finds that there is a reasonable probability that if released the prisoner will be law abiding citizen and that his released will not be incompatible with the interest and welfare of society.

Origins of parole 

Parole comes from the French word parol, referring to "word" as in giving one's word of honor or promise.

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

It has come to mean an inmate's promise to conduct him or herself in a law-abiding manner and according to certain rules in exchange for release.



In penal philosophy, parole is part of the general 19th-century trend in criminology from punishment to reformation.



Prior to the mid-nineteenth century most offenders were sentenced to flat or determinate sentences in prison.



Under this type of sentencing, an offender received a specific amount of time to serve in prison for a specific crime.



This created a major problem when prisons became crowded.



Governors were forced to issue mass pardons or prison wardens had to randomly release offenders to make room for entering prisoners.

Credited for developing early parole systems: 

Englishman, Captain Alexander Maconochie  Irishman, Sir Walter Crofton. Captain Alexander Maconochie 

In 1840, Maconochie was appointed governor of the notorious English penal colony at Norfolk Island off the coast of Australia.  At the time, English criminals were being transported to Australia and those sent to Norfolk Island were considered "twice condemned"; they had been shipped to Australia from England and from Australia to the island. 

Conditions were so bad that, allegedly, men who received reprieves from the death penalty  wept.



The first thing Maconochie did was to eliminate the flat sentence structure used in Norfolk at the time of his arrival.



Instead of requiring convicts to serve their sentences with no hope of release until the full sentence had been served,



Maconochie initiated a "mark system" whereby a convict could earn freedom by hard  work and good behavior in the prison.



The earned marks could be used to purchase either goods or a reduction in sentence.



Prisoners had to pass through a series of stages beginning with strict imprisonment through conditional release to final freedom.

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Movement through the stages was dependent upon the number of marks accredited.

Sir Walter Crofton 

Like Maconochie, Sir Walter Crofton believed the length of the sentence should not be an arbitrary period of time but should be related to the rehabilitation of the offender.  After becoming the administrator of the Irish Prison System in 1854, Crofton initiated a system incorporating three classes of penal servitude: 1. Strict imprisonment, 2. Indeterminate sentences, 3. and tickets-of-leave. 

This indeterminate system or Irish system, as it came to be known, permitted convicts to earn marks to move from solitary confinement to a return to the community on a conditional pardon or ticket-of-leave.

Zebulon Brockway 

Zebulon Brockway, a Michigan penologist, is usually credited with initiating indeterminate sentences and parole release in the United States.  Similar to Maconochie and Crofton, Brockway believed inmates should be able to earn their way out of prison through good behavior. 

Thus, they should receive a sentence that could vary in length depending upon their behavior in prison.

In his opinion, this had two advantages. 

First, it would provide a release valve for managing prison populations.  Second it would be valuable in reforming offenders because they would be earning release by demonstrating good behavior.  

Brockway had the opportunity to pioneer this proposal into practice in 1876 when he was appointed superintendent of Elmira Reformatory for youthful offenders in New York.



Inmates at Elmira were graded on their conduct, achievement, and education.

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

On the basis of their behavior in the reformatory, they were given parole. Volunteer "guardians" supervised the parolees and submitted written reports documenting their behavior in the community.

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A condition of the parole was that the offender report to the guardian each month.

Thus, by the turn of the century the major concepts underlying parole were in place in the United States: (1) a reduction in the sentence of incarceration based on good behavior in prison; (2) supervision of the parolee in the community; and (3) indeterminate sentences. 

By 1901, twenty states had parole statutes and by  1944, every jurisdiction in the United States had some form of parole release and indeterminate sentencing.

What is Executive Clemency? It refers to Commutation of Sentence, Absolute and Conditional Pardon, with or without parole conditions, as may be granted by the President of the Philippines upon the recommendation of the Board of Pardon and Parole Forms of Executive Clemencies Commutation – an act of the president changing/ reducing a heavier sentence to a lighter one or a longer term into a shorter term. It may alter death sentence to life sentence or life sentence to a term of years. It does not forgive the offender but merely to reduce the penalty pronounced by the court. Reprieve – a temporary stay of the execution of sentence especially the execution of the Death Sentence. Generally, reprieve is extended to prisoners sentenced to death. The date of execution of sentenced is set back several days to enable the Chief to study the petition of the condemned man for commutation of sentenced or pardon. Pardon – an act of grace extended to prisoners as a matter of right, vested to the Chief Executive (The President) as a matter of power.

What is amnesty? 

It is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually exerted in

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behalf of certain classes of persons, who are subject to trial but have not yet been convicted. (Brown vs. Walker, 161 US 602) What is pardon? 

It is an act of grace proceeding from the power entrusted with the execution of the laws  which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. Two Kinds of Pardon a. Conditional Pardon – a pardon given with requirements attached. b. Absolute Pardon – a pardon given without any condition attached.

Can the Offended Party grant Pardon? 

Yes, the offended party can grants pardon.

What is the effect of pardon by the offended party? 

A pardon by the offended party does not extinguish criminal action except as provided in Article 344 of RPC. But civil liability with regard to the interest of the injured party is extinguished by his express waiver.

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Pardon under Art. 344 of RPC must be made before institution of criminal prosecution.

Note: Pardon under Art. 344 of RPC is only a bar to criminal prosecution. Art. 89 of RPC does not mentioned pardon by the offended party as one of the causes of total extinguish of criminal liability.

Distinction of the pardon by the Offended Party and Pardon Granted by the President 1. Pardon granted by the Chief Executive extinguishes the criminal liability of the offender, but not in the pardon granted by the offended party. 2. Pardon granted by the Chief Executive does not include civil liability, which the offender must pay, while pardon granted by the offended party can waive the civil liability, which the offender must pay. 3. 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. Distinction between Amnesty and Pardon

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Pardon – includes any crime and is exercised individually by the President. It is exercised when the person is already convicted. It looks forward and forgives the offender from the consequences of an offense of which he has been convicted, that is it abolishes or forgives the punishment. Amnesty – a general pardon extended to a class of persons or community who may be guilty of political offenses. It may be exercised even before trial or investigation. It looks backward and puts into oblivion the crime that has been committed. It is proclamated by the President with the concurrence of congress. What is Act No. 4103? 

An act to provide for an indeterminate sentence and parole for all persons convicted of certain crimes by the Courts of the Philippine Islands.  It is an act to create a Board of Indeterminate Sentence and to provide funds therefore and for other purposes. What are the penalties to be determined by the court as referred to Indeterminate Sentence Act? 

The two penalties are Maximum and Minimum terms.  The law should be applied in imposing a prison sentence for a crime punishable either by Special Law or by Revised Penal Code. When Indeterminate Sentence Law is not applicable? 

Indeterminate Sentence shall not applicable to the following: Persons convicted of offenses punished with death penalty or life imprisonment. Those convicted of treason, conspiracy or proposal to commit treason. Those convicted of misprision of treason, rebellion, sedition or espionage. Those convicted of piracy. Those who are habitual delinquents. Those who shall have escaped from confinement or evaded sentence. Those who violated the terms of conditional pardon Those whose maximum term of imprisonment does not exceed one year. Those who, upon the approval of the law (Dec. 5, 1933), had been sentenced by final judgment. (Sec. 2, Act. 4103) Those sentenced to the penalty of destierro or suspension. • •

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What is PD 603 as amended by RA 9344? 

The Child and Youth Welfare Code.

What is RA 9344?

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