INSTITUTIONAL CORRECTIONS HANDOUT...
CORRECTIONS the reformers Historical Perspective of Corrections: 13th Century – Securing Sanctuary - In the 13th century, a criminal could avoid punishment by claiming refuge in a church for a period of 40 days. 16th Century – Transportation of criminals in England was authorized. At the end of this century, Russia and other European Countries followed this system. This practice was abandoned in 1835. Gaols - (jails) – the description given to pretrial detention facilities operated by English sheriff in England during the 18th century. Galleys – long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A type of ship used for transportation of criminals in the 16th century. Hulks – these are former warships used to house prisoners in the 18th and 19th century. - These were abandoned warships converted into prisons as means of relieving congestion of prisons. They were called as the floating hells. Ordeal – is the church’s substitute for a trial until the 13th century wherein guilt or innocence was determined by the ability of the accused of being unscathed through dangerous and painful test. Charlemagne (Carolus Magnus)– gave bishops the power to act as real judges which enabled bishop tribunal to rule on secular matters. - King of Franks and Roman Emperor. EARLY CODES: 1. Babylonian and Sumerian Codes Code of King Hammurabi (Hammurabic Code) – Babylon, credited as the oldest code prescribing savage punishment. But in fact, Sumerian codes were nearly 100 years older. 2. Roman and Greek Codes a. Justinian Code – 6th century AD, Emperor Justinian of Rome wrote his code of law. An effort to match a desirable amount of punishment to all possible crimes. However, the law did not survive due to the fall of the Roman Empire but left a foundation of Western Legal codes. The Twelve Tables (451-450 BC) – represented the earliest codification of Roman law incorporated into the Justinian code. b. Greek Code of Draco – Greece, a harsh code that provides the same punishment for both citizens and the slaves as it incorporates primitive concepts. - The Greeks were the first to allow any citizen to prosecute the offender in the name of the injured party. 3. The Burgundian Code (500 AD) – it specified punishment according to the social class of offenders, dividing them into: Nobles, Middle class and Lower class and specifying the value of the life of each person according to social status.
EARLY PRISONS Mamertine Prison – the only early Roman place of confinement which is built under the main sewer of Rome in 64 B.C. Bridewell (1557) – the most popular workhouse in London which was built for the employment and housing of English prisoners. - used for locking up vagrants, beggars, prostitutes and other misfits Saint Bridget’s Well – England’s first house of correction. Walnut Street Jail – originally constructed as a detention jail in Philadelphia. It was converted into a state prison and became the first American Penitentiary. Hospicio de San Michelle –the first home for delinquent boys ever established. Built by Pope Clement XI in Rome for housing incorrigible youths under 20 years of age.
The Pioneers: 1. William Penn (1614-1716) He is the first leader to prescribe imprisonment as correctional treatment for major offenders. He is also responsible for the abolition of death penalty and torture as a form of punishment. He fought for religious freedom and individual rights 2. Charles Montesquieu (Charles Louis Secondat, Baron de la Brede et de Montesiquieu – 1689 – 1755) A French historian and philosopher who analyzed law as an expression of justice. He believed that harsh punishment would undermine morality and that appealing to moral sentiments as a better means of preventing crime. 3. VOLTAIRE (Francois Marie Arouet, 1694-1778) He believes that fear of shame was a deterrent to crime. He fought the legalitysanctioned practice of torture. 4. Cesare Beccaria (Cesare Bonesa, Marchese de Beccaria, 1738-1794) - He wrote an essay entitled “ An Essay on Crimes and Punishment”. This book became famous as the theoretical basis for the great reforms in the field of criminal law. This book also provided a starting point for the classical school of criminal law and criminology. 5. Jeremy Bentham – (1748-1832) the greatest leader in the reform of English Criminal Law. He believes that whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime, the crime rate would go down. He devise the ultimate Panopticon Prison – a prison that consists of a large circular building containing multi cells around the periphery but it was never built. 6. John Howard (1726-1790) – the “Great Prison Reformer” The sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform. After his findings on English Prisons, he recommended the following: single cells for sleeping segregation of women segregation of youth provision of sanitation facilities abolition of the fee system by which jailers obtained money from prisoner 7. Alexander Macanochie – He is the Superintendent of the penal colony at Norfolk Island in Australia (1840) who introduced the Mark System. A progressive humane system in which a prisoner is required to earn a number of marks based on proper department, labor and study in order to entitle him for ticket for leave or conditional release which is similar to parole. Macanochie’s Mark System cosnsist of 5 stages: -Strict custody upon admission to the penal colony -Work on government gangs -Limited freedom on the island within a prescribed area -Ticket of leave -Full restoration of liberty 8. Manuel Montesimos – The Director of Prisons in Valencia Spain (1835) who divided the number of prisoners into companies and appointed certain prisoners as petty officers in charge, which allowed good behavior to prepare the convict for gradual release. 9. Domets of France – Established an agricultural colony for delinquent boys in 1839 providing housefathers as in charge of these boys. 10. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal institution for young offenders. Borstal Institution – is considered as the best reform institution for young offenders today
11. Walter Crofton – he is the director of the Irish Prison in 1854 who introduced the Irish system that was modifies from the Macanochie’s mark system. 12. Zebulon Brockway – the Director of the Elmira Reformatory in New York (1876) who introduced certain innovational programs like the following training school type, compulsory education of prisoners, casework methods, extensive use of parole, indeterminate sentence. The Elmira Reformatory – considered as the forerunner of modern penology because it had all the elements of a modern system.
13. Jean Jacques Philippe Villain –founded the Maison de Force in Gent, Belgium. He introduced: a. felons and misdemeanants should be separated and b. women and children must have separate quarters 14. Fred T. Wilkinson - the last warden of Alcatraz Prison 15. James Bennet – director of Federal Bureau of Prisons who wrote about the closing of Alcatraz Prison. Alcatraz Prison - opened in 1934, closed on March 31, 1963 but it was costly on operation. When it closed, it has 260 inmates. - now, a tourist destination in New York. Australia – the place which was a penal colony before it became a country. - convicted criminals in England were transported to Australia, a colony of Great Britain when transportation was adopted in 1790 to 1875
Two Rival Prison Systems in the History of Corrections: 1. The Auburn Prison System – also known as the “Congregate System” - The prisoners are confined in their own cells during the night and congregate work in shops during the day. Complete silence was enforced. 2. The Pennsylvania Prison System – also known as the “Solitary System” - Prisoners are confined in single cells day and night where they lived, slept, ate and receive religious instructions. Complete silence was also required. - Prisoners are required to read the bible
CORRECTIONS - The branch of the administration of Criminal Justice charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders. - The fourth pillar of the CJS - Considered as the weakest pillar of the CJS 2 FORMS OF CORRECTIONS: 1. INSTITUTIONALIZED CORRECTION - The rehabilitation of offenders in jail or prison. 2. COMMUNITY BASED CORRECTION - Refers to correctional activities that may take place within the community. PURPOSES OF CONFINEMENT: To segregate offenders from society; and To rehabilitate him so that upon his return to the society he shall be responsible and law abiding citizen. 2 legal grounds for detaining a person: 1. commission of a crime 2. violent insanity or any other ailment that needs compulsory confinement in a hospital. Admission Procedures in Prison: 1. receiving; 2. Checking commitment papers; 3. Establishing identity of the prisoner; 4. Searching the prisoner; 5. Assignment to quarters Quarantine Unit or Cell: it is a unit or cell in the prison or jail or a section of the RDC where the prisoners are given thorough physical examination including blood test, x-rays, inoculation and vaccination. Purpose: to insure that the new prisoner is not suffering from any contagious disease which might be transferred to other prisoners. PRE-RELEASE TREATMENT It is the program specifically designed and given to a prisoner, during a limited period, prior to his release, in order to give him an opportunity to adjust himself from the regimented group like in prison to the normal, independent life of a free individual. INSTITUTIONAL CUSTODY, SECURITY AND CONTROL Aims of institutional security: 1. To prevent escape; 2. To control entry of contrabands; 3. Maintenance of good order CUSTODY – Defined as the guarding of penal safekeeping. It involves security measures, locking and counting routines, produces for searching prisoners and their living quarters, and prevention of contraband. CONTROL – It involves supervision of prisoners to insure punctual and orderly movement to and from the dormitories, places of work, church, hospitals, and recreational facilities in accordance with the daily schedule. Contraband - anything that is contrary to prison rules and regulations Prison Discipline – it is the continuing state of good order and behavior in prison. It includes the maintenance of good standards of work, sanitation, safety, education, personal health and recreation.
PREVENTION DISCIPLINE – Involves prompt correction of minor deviations before they become serious violations, which may be dealt with a reprimand or warning and is used when the deviation is: trivial due to ignorance or lack of understanding; or the result of careless or faulty habits. DIVERSIFICATION - Is an administrative device of correctional institutions of providing varied and flexible types of physical plants for the effective control of the treatment programs of its diversified population. - Diversification may be done either: a. By a building special institution for different classed of prisoners which is more desirable since it provides proper segregation of groups and more effective execution of the treatment program, or b. Providing separate facilities within a single institution itself, that is, big institution may be broken into smaller units. - FACTORS CONSIDERED IN DIVERSIFICATION a. AGE b. SEX c. MEDICAL OR MENTAL CONDITIONS d. DEGREE OF CUSTODY – the most common used factor in diversification RECEPTION AND DIAGNOSTIC CENTER (RDC) - This is a special unit of prison where new prisoners undergo diagnostic examination, study and observation for determining the program of treatment and training best suited to their needs and the institution to which they should be transferred. - RDC’s STAFF PSYCHIATRISTS PSYCHOLOGISTS SOCIOLOGISTS EDUCATIONAL COUNSELOR VOCATIONAL COUNSELOR CHAPLAIN MEDICAL OFFICER COSTODIAL CORRECTIONAL
THE CLASSIFICATION PROCESS Classification- The assigning or grouping of inmates according to their sentence, gender, age, nationality, health, criminal records, dangerousness, etc. FOUR SEPARATE BUT COORDINATED PROCEDURES OF CLASSIFICATION 1. DIAGNOSIS – the prisoners’ case history is taken and his personality studied. Through examination and observations, the RDC’s staff determines the nature and extent of the person’s criminality and the extent to which he may be rehabilitated.
2. TREATMENT PLANNING – this is the formulation of a tentative treatment program best suited to the needs and interest of an individual prisoner, based on the findings of the RDC’s staff. 3. EXECUTION OF TREATMENT PROGRAM - this is in the application of the treatment program and policies by the classification committee. 4. RE-CLASIFICATION – the treatment program is kept current with the inmates changing needs and with new analysis, based on any information not available at the time of the initial classification committee meeting of the inmate’s case, which continues from the time of the first classification until the inmates is released.
PRISON – an institution for the imprisonment of persons convicted by final judgment and with a penalty of more than 3 years. Note: all inmates here are all convicted Note: the population of jail and prison including penal farms and colonies except the personnel are called inmates, prisoners with the exception of jails whose inmates are undergoing trial of their respective cases are called detainees. BUREAU OF PRISONS - Have the general supervision and control of national, provincial prisons and all penal settlements and is charged with the safekeeping of all prisoners confined therein. BILIBID PRISON - Built on 1847. It became the central confinement for all Filipino offenders by virtue of the Royal Decree of the Spanish Crown. (May Haligui Estate) 1936 - City of Manila exchange its Muntinlupa property composed of 552 hectares piece of land with the Bureau of Prisons lot in Manila. - N.B. Bilibid Prison is now being used by the Manila City Government as Manila City Jail E.O. 292 – otherwise known as Revised Administrative Code of 1987 - Sections 1705 – 1751, Revised Administrative Code of 1987 :The Prison Law in the Philippines - It renamed the Bureau of Prisons to Bureau of Corrections New Bilibid Prison – located in Muntinlupa City. 2 Satellites: 1. Camp Bukang Liwayway (Minimum Security Camp) – house minimum custody prisoners who work in various projects of the institution. 2. Camp Sampaguita (Medium Security Camp) – house medium security prisoners - where RDC is located
DIFFERENT PENAL COLONIES IN THE PHILIPPINES 1. San Ramon Prison and Penal Farm - Founded by Captain Ramon Blanco of the Spanish Royal Army. It was established for the confinement of Filipino Political offenders. (Located in Zamboanga del Sur) - Has an area of 1,246 hectares. - established on August 21, 1869. 2. Iwahig Penal Colony and Farm - Founded by Governor Forbes who led the first contingent of prisoners. It was used originally for the confinement of incorrigibles and intractable prisoners. In 1905, it was reconverted for the confinement of well behave and tractable prisoners. (Reorganization Act 1407) - It has a land total area of 36,000 hectares. - Established on Nov. 16, 1904 - 4 sub-colonies of the Iwahig penal Colony and Farm. a. Inagawan Sub-colony b. Montible Sub-colony c. Santa lucia Sub-colony d. Central Sub-colony 3. Davao Penal Colony and farm (January 21, 1932) -Founded by Gen. Paulino Santos. Created by virtue of act 3732 and Proclamation 414 series of 1931. -Mostly devoted to abaca and banana plantation. -In 1942, it was used as a concentration camp for American Prisoners of War -The main source of income of the Bureau of Corrections. It consist of 18,000 hectares 4. Sablayan Penal Colony and Farm -Founded on Sept. 27, 1954 by virtue of Proclamation Number 72 dated September 27, 1954. -It consists of 16,000 hectares in Sablayan, Occidental, Mindoro 5. Ilo-ilo Penal Colony and Farm (Ilo-ilo province) 6. Leyte regional Prison (Abuyog, Leyte) - established on January 16, 1973 during the martial law with the aim of regionalizing prisons in the country. 7. Correctional Institution for Women (Found in Mandaluyong City) - It was established in 1931 by virtue of Act 3579 passed on November 27, 1929 - Consists of 18 hectares N.B.: - The oldest prison in the Philippines is the Fort Santiago in Manila. - Only the New Bilibid Prison and CIW confine death convicts. - all the prison and penal farms have minimum, medium and maximum security facilities Who is a Prisoner? - a person committed to jail or prison by a competent authority for any of the ff. reasons: 1. to serve a sentence after conviction 2. trial 3. investigation Classification of Prisoners: 1. Sentenced prisoners – those who are convicted by final judgment and under the jurisdiction of a penal institution. 2. Detention Prisoners – those who were detained for the violation of law and have not yet convicted. 3. Those who are on safekeeping
Classification of sentenced prisoners: 1. Insular/national prisoners – sentenced to more than 3 years or a fine of more than 1,000 or both. 2. City prisoners – sentenced to less than 3 years or a fine of less than 1,000 or both. 3. Provincial prisoners – 6 months and 1 day to 3 years or a fine not more than 1,000 or both. 4. Municipal prisoners – not more than 6 months Classification Of Prisoners According To Degree Of Custody/Dangerousness 1. Maximum Security – This shall include highly dangerous or high security risk as determined by the classification board who require a high degree of control. - Who are Maximum Security Prisoners? Those sentenced to death Those whose minimum sentence is 20 years imprisonment Remand inmates or detainees whose sentence is 20 years and above and those whose sentence is under review by the SC Those with pending cases Recidivists, habitual delinquents and escapees Those confined at the RDC Those under disciplinary punishment or safekeeping Those who are criminally insane or with sever personality disorders or emotional disorders 2. Medium Security - This shall include those who cannot be trusted in less secured areas and those whose conduct or behavior require minimum supervision. - Who are Medium Security Prisoners? Those whose minimum sentence is less than 20 years imprisonment Remand inmates or detainees whose sentences are below 20 years Those who are 18 years of age and below, regardless of the case and sentence 3. Minimum Security - This shall include those who can be reasonably trusted to serve their sentences under less restricted conditions. - Who are Minimum Security Prisoners? Those with severe physical handicap as certified by the chief medical officer of the prison Those who are 65 years of age and above, without pending case and whose convictions are not on appeal Those who have serve ½ of their minimum sentence or 1/3 of their maximum sentence, excluding GCTA Those who have 6 months more to serve before the expiration of their maximum sentence. Color of Uniforms of Inmates as to Security Classification 1. Maximum Security – tangerine/orange 2. Medium Security – blue 3. Minimum Security – brown 4. Detainee – gray Prohibited Acts in Prison: 1. Participating in illegal sexual acts or placing himself in situations or behavior that will encourage the commission of illegal sexual acts; 2. Openly or publicly displaying photographs, pictures, drawings, or other pictorial representations of persons engaged in sexual acts, actual or simulated, masturbation, excretory functions or lewd or obscene exhibitions of the genitals; 3. Possessing articles which pose a threat to prison security or to the safety and well being of the inmates and staff; 4. Giving gifts, selling or engaging in barter with prison personnel; 5. Maligning or insulting any religious belief or group; 6. Rendering personal services to or requiring personal services from a fellow inmate; 7. Gambling, etc.
PUNISHMENT IMPOSED IN DISCIPLINARY CASES: 1. Solitary confinement – applicable in extreme case especially when there is danger that the prisoner may hurt himself or others. 2. Locking in his cell with loss of yard privileges 3. Loss of privileges such as visiting, correspondence and other privileges 4. Transfer to another institution 5. Assignment to a disciplinary squad for manual labor 6. Counsel and reprimand – imposed in trivial cases 7. Loss of Good Conduct Time Allowance GOOD CONDUCT TIME ALLOWANCE (GCTA) - A reward for good conduct whereby a prisoner receives partial reduction of his prison sentence. - The Prisoner is entitled to reduction of: a. 5 days each month of good behavior during his first 2 years b. 8 days each month of good behavior during his 3rd to 5th years c. 10 days each month during his 6th to 10th years d. 15 days each month reduction during the 11th and succeeding years Act No. 3316 – The law that provides for the formal basis for the grant of GCTA for prisoners SPECIAL TIME ALLOWANCE FOR LOYALTY - A deduction of 1/5 of the period of his sentence shall be granted to any prisoner who having evaded the service of his sentence under circumstances mentioned in Art. 158 of the RPC, gives himself up to the authorities within 48 hours following the issuance of proclamation announcing the passing away of calamity, catastrophe such as earthquake, conflagration, mutiny, etc. GROUND FOR INCREASING PENALTY - 1/5 of the remaining sentence of the prisoner shall be added to his sentence if he fails to surrender himself to the authority when he escape from prison under circumstances enumerated in Art. 158 of the RPC. Provided, however, that the added sentence should not exceed 6 months.
Plans for Emergency in Prison Procedures in dealing with riots or disturbances a. At the sound of the first alarm, all inmates shall be locked up inside their respective cells/quarters. Inmate work crew shall immediately returned to the prison compound or previously designated areas for accounting and confinement after a head. b. If the disturbance occurs during visiting hours, all visitors shall immediately ushered out of prison compound or if this is not possible, brought to a pre-determined area inside said compound. In the latter case, the visitors shall not be allowed to leave the said area or the compound until disturbance has ceased and the inmates have been properly identified. c. At the same time, all guards who are not on duty shall be directed to immediately report to the desk officer. All critical posts shall be manned to prevent escapes. The most senior guard present shall take command of the custodial force and make assessment of the situation. d. All telephone calls to and from the prison compound shall be controlled e. Based on the assessment of the prevailing condition by the OIC, he may deploy the guards in the following groups: 1. 1st Group – the initial wave of anti-riot contingent whose purpose is to disperse rioters. They are armed with wicker shields, headgears, gas masks and batons. 2. 2nd Group – equipped with teargas guns and gas grenades. 3. 3rd Group – trained in proper handling and use of firearms.
After the riot, the following procedure shall be followed: a. Conduct head count b. Segregate ringleaders and agitators c. Assess and determine the damage to the facilities d. Investigate the cause of the riot e. Repair damages f. Adopt measures to prevent similar incident g. Administer first aid to the injured h. Submit a report of the incident to the secretary JAILS - An institution for the confinement of persons who are awaiting final disposition of their criminal cases and also for the service of those convicted and punished with shorter sentence usually up to three years. CATEGORIES OF INMATES CONFINED IN JAIL a. Those awaiting/undergoing investigation b. Those who are awaiting/undergoing trial c. Those who are awaiting final judgment d. Those who are serving short sentences up to three years Types of Jail 1. Lock-up jail – is a security facility for the temporary detention of person held for investigation or awaiting preliminary hearing. 2. Ordinary jail – houses both offenders awaiting court action and those serving short sentences usually up to 3 years. 3. Workhouse jail farm or camp – houses minimum custody offenders serving short sentences with constructive work programs.
BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP) - It was created pursuant to Sec. 60, R.A. 6975. Headed by a Chief with the rank of Director to be assisted by the Assistant Chief of the Jail Bureau. -It has the mission to direct, supervise and control the administration and operation of all district, city and municipal jails to effect a better system of jail management nationwide. Coverage of Supervision by the Jail Bureau 1. City jails 2. Municipal jails 3. District jails Qualifications of jail Officers assigned in Key positions in the Bureau A. Chief, BJMP Shall have the rank of director in the jail bureau; He must be a member of the Philippine Bar; or a holder of Master’s Degree in national Security Administration or any relevant Master’s Degree; He must have an adequate experience in positions of responsibility and leadership of at least one year in each of the following fields: a. operations b. administration
B. Deputy Chief Shall have the rank of Chief Superintendent in the jail bureau; A member of the Philippine bar; or A holder of relevant Master’s Degree; or A Baccalaureate Degree with at least 9 years experience in jail or police work; He must have an adequate experience in positions of responsibility and leadership of at least one year for each field in the following: -operations -Administration -ARD/Chief of Staff/Chief of Division, Central office
C. Assistant Regional Director Have the rank of Senior Superintendent; Must have undergone the Officer’s Executive career Course or its equivalent; Must at least be a Bachelor’s Degree holder in law, criminology, psychology, psychiatry, social work or sociology; Must have previously assigned in supervisory position in jail bureau.
D. Provincial Jail Administrator Have the rank of superintendent Must have undergone the Officer’s Executive Career Course or its equivalent; must be a bachelor’s degree holder, preferably in law, criminology, psychology, psychiatry, social work or sociology; Have been previously assigned in supervisory position in the jail bureau. E. District Jail Warden Have the rank of Chief Inspector; A bachelor’s degree holder, preferably in law, criminology, psychology, psychiatry, nursing, social work or sociology; Must have undergone the Officer’s Advance Course or its equivalent; Has been assigned in supervisory position in police or jail service. F. City and Municipal Jail Warden Shall have the rank of Chief Inspector Must be a bachelor’s degree holder, preferably in law, criminology, psychology, nursing, social work or sociology Has been assigned in supervisory position in the police or jail service. Composition of Classification Board/Disciplinary Board in Jail Chairman -Assistant Warden Members -Chief, security Officer -Medical Officer/Public Health Officer -Jail Chaplain -Social Worker/ Rehabilitation Officer
BUREAU OF CORRECTIONS (BUCOR) The Bureau of Corruption is tasked with the following functions: a. To confine persons who have been convicted of a criminal offense by the courts to serve sentence in a penal institution. b. To provide correctional environment which seeks to protect the physical and emotional well being of offenders. c. To provide humane treatment by affording them human basic needs the correctional community and prohibiting cruel methods rehabilitation. d. To provide opportunities for rehabilitation programs designed to change the offenders’ pattern of criminal or anti-social behavior. e. To engage in agro-industrial endeavors to develop penal farms into productive profit center that employs offender manpower skills and labor and provide a source of income to supplement the Bureau’s financial outlet.
f. To perform other functions that maybe directed by the Secretary of Justice of other competent authorities.
BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP) The BJMP shall exercise supervision and control over all district, city and municipal jails to ensure “a secured, clean, sanitary and adequately equipped jail for the custody and safekeeping of city and municipal prisoners, any fugitive from justice or persons detained awaiting investigation or trial and/or transfer to the National Penitentiary, and any violent, mentally-ill persons who endangers himself or others.”
PRIVELEGES OF DETENTION AND SENTENCED PRISONERS Detainees may enjoy the following privileges: 1. To wear their own clothes while in confinement; 2. To write letter, subject to reasonable censors, provided expenses shall be borne by them; 3. To receive visitors during daytime; 4. To receive books, letters, magazines, newspapers and other periodicals that the jail authorities may allow. 5. To be treated by the Health Services or by their own doctor or dentist at their own expense upon proper application and approval. 6. To be treated in a government or private hospital, provided it is authorized by the court at their own expense. 7. To request free legal aid if available and enjoy the right to be visited by their counsel anytime. 8. To grow hair in their customary style provided it is decent and allowed by the rules. 9. To receive fruits prepared food, subject to inspection and conformity by the jail officials. 10. To smoke cigarettes, except in prohibited places; 11. To read books and other reading materials available in the jail premises; and 12. To perform such other works as may be necessary for hygienic and sanitary Except for the wearing of prescribed prisoners uniform, all the privileges of detainees mentioned above may be enjoyed by sentenced prisoners. RIGHTS OF PERSON UNDER DETENTION The right to be assisted by counsel of his own choice at all times. Right to be informed of his right to remain silent. Right to be visitation by any member of his immediate family or any medical doctor or priest or religious ministers chosen by him or any member of his immediate family, or by his counsel or by any national non-governmental organizations duly accredited by the CHR or by any institution and non-governmental organizations duly accredited by the office of the President.
Definition of Terms Penal Management – refers to the manner or practice of managing or controlling place of punishment or jail. Correction – it is the study of jail/prison management and administration as well as rehabilitation and reformation of prisoners and detainees. Penology – a branch of criminology which deals with management and administration of inmates. Jail – a place of confinement for inmates under investigation, awaiting or undergoing trial or serving sentence. Rehabilitation – a program of activity directed to restore an inmate’s self-respect thereby making him a law-abiding citizen after serving his sentence. Safekeeping – the temporary custody of a person for his own protection, safety or care; and or his security from harm, injury or danger for the liability he has committed. Inmate – Either a prisoner or detainee confined in jail. Detainee – a person accused before a court or competent authority who is temporarily confined in jail while undergoing investigation, awaiting final judgement.
Prisoner – an inmate who is convicted by final judgement and classified as insular, provincial, city or municipal prisoner. Commitment – means the entrusting for confinement of an inmate to a jail by competent court or authority for investigation, trial and/or service of sentence. Commitment Order – a written order of the court or any other competent authority consigning an offender to a jail or prison for confinement. Mittimus – a warrant issued by the court bearing its seal and the signature of the judge directing the jail or prison authorities to receive the convicted offender for service of sentence or detention. Detention Mittimus – is an order issued by a competent court addressed to the jailer or prison officer to receive a person for having committed a criminal offense for safe custody, subject to the order of the court. Sentence Mittimus – is an order of a competent court, addressed to the jailer or prison officer to receive a person after conviction from the offense charged to serve a penalty of imprisonment or subsidiary imprisonment as the case may be. Contraband – any article, item, or thing prohibited by law and/or forbidden by the jail rules. Escape – an act of getting out unlawfully from confinement or custody by an inmate. - includes not only actually leaving the institution or grounds thereof by a detainee or prisoner but also being “out of the place” at any time since the latter maybe tantamount to attempting to escape. Instrument of Restraint – a device, contrivance, tool or instrument used to hold back, keep in, check or control an inmate; e.g. handcuffs, leg irons. Classification – refers to the assigning or grouping of inmates according to their sentence, gender, age, nationality, health, criminal records, etc. Custody – is the maintenance of care and protection accorded to people who by authority of law are temporarily incarcerated for violation of law and also those who were sentenced by the court to serve judgment. Security – is the task given to jail or prison administrators and custodial force personnel to secure the entire establishment and to keep under constant watch the movements of inmates or wards purposely to avoid involvement of detainees or prisoners for possible commission of crimes and foremost to prevent any mass jail breaks and bloody gang wars among them while under confinement. Control – is the systematic measures taken in ensuring that the movement of inmates are in accordance with the standing policies, rules and regulations granted by the court, authorities or administrators at all times. Degree of Custody – extent or strict keeping or charges necessary for a person in confinement. Lock –up – security facilities manned by the PNP, as their temporary jail facilities. Disorders – it refers to fighting or causing a disturbance or a riot and also other behaviors such s ; connivance, politicking, threatening or putting in fear. Good Conduct Time Allowance – are rewards for good conduct or behavior, whereby a prisoner receives partial remission or reduction of his sentence. Diagnostic Treatment – the process of treating a person after determining by examination or study the nature and circumstances of his condition. Homosexual – a person with sexual feeling for a person of the same sex, with an impulse towards genital expression. Proselytizing – to convert or induce another to change his religious belief or sect. Sex Deviates – person who commits abnormal sex practices sometimes caused by physical, grandular and mental differences. Sick Call – the time when prisoner affected with any disorder of health or illness will report to a physician for examination or treatment. Suicide Risk – a prisoner/detainee prone of taking his own life. Tattooing – the act of pricking and making mark patterns on the skin with indelible pigment. Straight Jacket – an outer covering or coat designed to fasten the body for the purpose of restricting the movement of a boisterous or unruly person. Inmate’s Privilege – a special right or power conferred on or possessed by one or more individuals, in derogation of the general right. It is a peculiar benefit or favor not enjoyed by all. - is something allowed or provided at the discretion of the Prison Authority and it should be earned. Inmate’s Rights – is something the prison must allow to provide; it must be assured because it is inherent in the “Great and Essential Principles of Liberty and Free Government”.
NOTES: RA 7659 – reimposition of death penalty on heinous crimes RA 8177 – designating death by lethal injection as the method of carrying out death penalty