Parole System: History, Impact and Regulations

Non-Institutional Corrections: Parole

• Parole is the conditional release of an offender from a penal or correctional institution.
• This occurs after the offender has served the minimum period of their prison sentence.
• The offender remains under the continued custody of the State, with conditions that allow re-incarceration if violated.

Meaning of Parole

• The word "parole" is French, used to convey a "word of honor" or promise.
• A released prisoner gives their honor to abide by the terms of their conditional release.
• Parole is the conditional release of an offender after serving the minimum of their prison sentence.
• Parole is a procedure to select prisoners for release based on individual response and progress in a correctional institution.
• Parole offers control and guidance as released prisoners serve the rest of their sentence in the community.

Pioneers of the Parole System

• Alexander Maconochie is recognized as the Father of Parole in Australia.
• Walter Crofton is known as the Founder of Parole in Ireland.
• Zebulon Brockway is credited as the Founder of Parole in the USA.

Historical Accounts

• The first parole law passed in Massachusetts in 1937.
• Alexander Maconochie introduced the "mark system," sometimes calling it a "ticket of leave", where prisoners earned release through good behavior.
• Sir Walter Crofton featured parole in the Irish Prison system, which was established in 1856 and based on an indeterminate sentence and mark system.
• Zebulon Brockway's Elmira Reformatory had a limited form of indeterminate sentence and a method of marks similar to the Irish system.

Parole in the Philippines

• Act 4103, also known as the "Indeterminate Sentence Law," took effect on December 5, 1933.
• The Board of Indeterminate Sentence was created.
• Executive Order 83 of 1937 was amended.
• The Chief Executive was given advice on executive clemency petitions.
• The Board of Indeterminate Sentence was renamed the BOARD OF PARDONS.
• Executive Order 94, or "The Reorganization Law of 1947" abolished the Board of Pardons.
• The BOARD OF PARDONS AND PAROLE was created in its place.

The BPP Composition

• The Board of Pardons and Parole (BPP) is the administrative body with the power to grant reprieves, commutations, and pardons after a final conviction, with exceptions for impeachment cases.
• The BPP has seven members who are appointed by the President of the Philippines.
• The Secretary of Justice serves as its Ex-Officio Chairman.
• In the six Board members, the law requires a sociologist, clergyman, educator, lawyer, penologist, and the PPA Administrator as an Ex-officio member.
• At least one member of the Board must be a woman and is appointed by the President

Constitution and Statutory Mandate

• The Board acts as the administrative arm of the President in exercising constitutional power.
• This power includes granting pardon, reprieve, amnesty except in cases of impeachment.
• The Indeterminate Sentence Law of 1933 was amended by RA 4203.
• On June 5 1965, it established the qualifications, term of office, composition, and compensation of the Board members.

BPP Resolutions

• BPP Resolution No. 229, dated April 2, 1991 authorizes Regional Probation and Parole Officers to conduct Pre-Parole investigations.
• The authorized the parole and probation to conduct Pre-Parole and Executive Clemency investigations of city, provincial, and national prisoners in jails, penitentiaries and penal colonies.
• They submit a report 60 days before the prisoner's minimum sentence expires.
• Executive Order No. 292 on November 23, 1989, renamed the Probation Administration to Parole and Probation Administration

Parole Investigation Process

• The process begins when the Board of Prison receives records and CARPETA of national prisoners.
• They must be confirmed in national penal farms and colonies from the Director of Prisons.
• The Director of Prisons has the responsibility to forward the document to the Board of Pardons and Parole.
• The must do so 30 days before the the prisoner's minimum sentence expires.
• Municipal, City, District, and Provincial Jail Wardens must send all pertinent prisoner records to the Director of Prisons, for them to submit to the Board within 15 days after receipt.
• This must be sent 30 days before a prisoners minimum sentence expires.
• At any time, prisoners or any person on their behalf can file a petition for parole and executive clemency.
• This is in view of the fact that NOT ALL prison records and CARPETAS of qualified prisoners are transmitted.
• For considered applications, the Board will send a Referral.
• A Referral requests the Parole and Probation Administration conduct certain actions within 60 days.
• These actions include A. Conduct pre-parole investigation and B. Submit a pre-parole investigation report.
• Upon receipt of investigation Reports, the Board shall assess and determine whether the petitioner is qualified for Parole.
• "Release Document" or "Discharge on Parole" will be issued if offender is considered for parole.
• Petitions for Parole/Executive Clemency filed by convicted aliens are referred to the Secretary of Foreign Affairs for valid & legitimate recommendation.
• The Board can act on the cases of a national prisoner regardless of place of confinement.
• If confined still on municipal, city, district, or provincial jail, the warden shall issue a certification.
• The certification is to state that the continued confinement of the prisoner in his jail is beyond his control.

Rules On Parole

• The rules on parole are pursuant to Act No. 4103, otherwise known as "The Indeterminate Sentence Law.
• It is amended by Section 21. Title III, Book IV of Executive Order No. 292 dated July 25, 1987.
• Executive Order No. 292 is otherwise known as "The Administrative Code of 1987".

Rule 1: General Provisions

• RULE 1.1 is the Purpose of the Law and Duty of the Board.
• It is to uplift and redeem human material to economic usefulness and to prevent unnecessary deprivation of liberty.
• Section 5 of said Act mandates the Board of Pardons and Parole to look into physical, mental plus moral condition of eligble prisoners.
• Must determine the proper time of release of such prisoners on parole.

Rule 1.2: Definition of Terms

• "Board" refers to the Board of Pardons and Parole.
• "Carpeta" refers to the institutional record of an inmate.
• This includes their mittimus/commitment order, the prosecutor's information, court decisions, certificate of non-appeal, detention certificate, etc.
• "Director" refers to the Director of the Bureau of Corrections.
• "Parole" refers to the conditional release of a prisoner having served their minimum prison sentence.
• "Parole Supervision" is the supervision or surveillance by the Probation and Parole Officer of a paroled offender.
• "Parolee" refers to a released on parole prisoner
• "Penal Superintendent" refers to an officer-in-charge of penal institutions
• "Prison Record" refers to information concerning an inmate's personal circumstances.
• "Probation and Parole Officer" refers to an officer undertaking the supervision of the parolee.
• "Regional Director" refers to the Head of the Parole and Probation Administration in specific region.
• "ReleaseDocument"refers to the "Discharge on Parole" issued by the Board.
• "Warden" refers to the Officer-In-Charge of a particular jail.

Rule 2: Rules in Considering Parole Cases

• RULE 2.1. Eligibility for Review of A Parole Case requires that a prisoner's case shall not be eligible for review unless:
• The prisoner is serving an indeterminate prison or jail sentence exceeding one (1) year following a final conviction.
• They served the maximum term of the sentence.

Rule 2.2: Disqualification for Parole

• Disqualifications for Parole include:
• Conviction of an offense punishable with the death penalty, reclusion perpetua or life imprisonment.
• Conviction of treason, conspiracy or proposal to commit it
• Conviction of misprision of treason, rebellion, sedition or coup d'etat.
• Piracy or mutiny on the high seas.
• Habitual delinquents
• Escape from confinement or evaded sentences
• Violation of Conditional Pardon, that was granted by the President
• Maximum term of imprisonment that does not exceed one (1) year, or a definite sentence
• Suffering from mental disorder
• Whose conviction is on appeal or has not became final, and executory
• The Director/Warden shall forward prison records for prisoners with co-accused that has been convicted.
• Those with pending criminal case/s.
• National prisoners serving sentence in a certain jail unless in good faith.

Rule 2.3 Review Upon Petition or MotU Proprio; Form and Contents of Petition

• A parole case may be reviewed by the Board upon petition or motu proprio.
• The petition should comply what has been prescribed by the Board and show
• The prisoner's case is eligible for review.
• The prisoner is not disqualified from being granted parole

Parole Procedure

• RULE 2.4. Transmittal of carpeta and Prison Record
• The Director/ Warden concerned should send a prisoner's record to the Board at least 1 month before his case review.
• The Board may publish the names of those prisoners who are being considered for parole.
• When doing so, the publication in a newspaper with circulation should contain the names of prisoners convicted of heinous crimes.
• It contains those sentenced to reclusion perpetua or life imprisonment but have commuted sentences with an indeterminate prison term.
• RULE 2.6. Notice to Offended Party
  • In addition to the publication of the national newspaper, the offended party notified or their relatives shall by notified personally of the possible actions.
  • Within 30 days, they must provide the board feedback to the Board regarding the grant of this pardon
• RULE 2.7. Deferment of Parole When Safety Compromised:
• When there is clear evidence that the release could endanger himself, his relatives, the victim, or the community, the parole is cancelled until the danger passes.
• RULE 2.8 Factors to be considered in Review of Parole Cases
• Prisoner rehabilitation, and behavior
• Criminal Record and subsequent risks to other persons. -The gravity of the offense.
• Evidence that the person will be employed for release.
• Age, and the availability of aftercare services.
• RULE 2.9. Grant of Parole states that the Board may grant a prisoner parole
• This must be based on their character and training for release.
• If they are able to remain at liberty without violating laws.
• Their release will not be incompatible with society.
• RULE 2.10. The Board shall meet with the Chairman.
• RULE 2.11. The board must have a quorum.
• RULE 2.12. Board Action dictates that a board or group action must be conducted with all the members present.

Board Meeting Requirements

• The minutes of the meeting must show the votes of members and reason or voting.
• Dissent must be recorded as well.

Rule 3: Rules After Grant of Parole

• RULE 3.1 Release; form of Release Document states a prisoner shall be given parole which will contain a picture and right thumb print.
• RULE 3.2. Transmittal of Release Document states a copy of the release document must be sent to the prisoner through the director of corrections.
• RULE 3.3. Parole Supervision
• After jail release, parolees are supervised by a Parole Officer .
• This Officer is specified in the release document.
• The supervision is up to the maximum sentences for a specific crime.
• The document ensures they meet the conditions of their sentence.

Parole Supervision Process

• The process starts when the Board of Pardons and Parole issues the "DISCHARGE ON PAROLE"
• Prisoners released out of parole will be called PAROLEE.
• If Conditional Pardon then they will be called PARDOONEE
• Both will be both clients and subject to release document.

Mandatory Parole & Reporting Conditions

• Mandatory parole conditions state that new parolees will be required to report to their specific office after being discharged of all crimes and felonies.
• Individuals who are out of Metro Manila should report to the probation office once a month.
• Individuals who lives inside Metro Manila, then you must visit twice.
• Evaluation and report will then be presented to the Board.
• At last the Board can then conclude weather or not the client will issue the CERTIFICATE OF FINAL RELEASE AND DISCHARGE (CFRD).

Failing to Comply with Parole Conditions

• If the client and conditions are broken, then the office of Parole will submit a Progress, Infraction, or Violation report of OAR (ORDER OF ARREST AND RECOMMITMENT)
• The Board may then offer incarceration towards the clients

Probation and Parole

• Rule 3.4 states there is a presentation of Officers where prisoners and victims meet with release paper work
• Rule 3.5 covers the Arrival report of Parolees. A new discharge parole must file within 15 day report of supervision.
• Rule 3.6 requires Mandatory Conditions of Supervision.

Parole Transfer & Review

• Transfer of Residence a parolee must not transfer without the approval of the officer.
• You must write a paper of transfer 15 days before to BPP.
• In Rule 3.9 Outside Travel the officer and jailer allows a prisoner to travels after a period of 30 days. If further they meet with the Director.

Rule 3.10, 3.11 & Outside Travel

• In 3.11 officer have every Parole travel to any court by approval of jail and board director.
• In 3.11 when one dies from parole both must give copy of the parole and death certificate to the director board.
• Outside travel requires travel paperwork which will go through the warden and parole jailer.

Part B: Violations of Release & Parolee Arrest

• When one violates the term of his crime the board may order the Parole officer to submit his reports to the judge.
• Depending to the crime the parole is made to serve his entire sentenced crime again if it occurs. If ones false document for materials, the release form maybe with held.

Part c Termination of Parole Supervision & Parole Report

• The parole officer must attach police, court ,and baranggay documents for a summary hearing after the parolee maximum sentenc.
• These items for the chief's documents if there are no issues.

End of Parole

• If conditions are met then a certificate will be issues by the parole officer a certification for final release and dismiss
• Final release means all accessors are void from document and papers after being signed. The board must present a document to court after release.

Explore the history and nature of parole, including its philosophical underpinnings ('word of honor') and the contributions of pioneers like Alexander Maconochie, Walter Crofton and Zebulon Brockway. Learn about parole regulations, including residence changes and travel conditions, along with the function of the Board of Indeterminate Sentence.