NON-INSTITUTIONAL CORRECTIONS Week 6-7 PDF

ST. VINCENT COLLEGE OF CABUYAO NON-INSTITUTIONAL CORRECTIONS WEEK 6-7 College of Criminology  PAROLE the conditional release of an offender from a penal or correctional institution after he has served the minimum period of his prison sentence under the continue...

ST. VINCENT COLLEGE OF CABUYAO NON-INSTITUTIONAL CORRECTIONS WEEK 6-7 College of Criminology  PAROLE the conditional release of an offender from a penal or correctional institution after he has served the minimum period of his prison sentence under the continued custody of the State and under conditions that permit his re-incarceration if he violates a condition for his release. Meaning of Parole It is a French word and is used in the sense of a word of honor or promise. Thus, the implication is that the released prisoner would give his honor and that he would abide by the terms of his conditional release. It refers to the conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence. It is a procedure by which prisoners are selected for release on the basis of individual response and progress within the correctional institution and a service by which they are provided with necessary control and guidance as they serve the remainder of their sentence within the community. PIONEERS OF PAROLE SYSTEM ALEXANDER MACONOCHIE FATHER OF PAROLE IN AUSTRALIA WALTER CROFTON FOUNDER OF PAROLE IN IRELAND ZEBULON BROCKWAY FOUNDER OF PAROLE IN USA  HISTORICAL ACCOUNTS The first parole law was passed in Massachusetts in 1937. At about the same time, Alexander Maconochie introduced a system whereby a prisoner was given a "Ticket of leave" (Equivalent of parole) after earning a certain required number of marks- known as the MARK SYSTEM. From this, Maconochie gained fame as FATHER OF PAROLE. Parole was also a feature of the Irish Prison system by sir Walter Crofton which was established in 1856 based on an indeterminate sentence and mark system. The Elmira Reformatory by Zebulon Brockway likewise had a limited form of indeterminate sentence and a method of marks similar to the Irish System and parole based on marks.  PAROLE IN THE PHILIPPINES Act. 4103- Otherwise known as the "Indeterminate Sentence Law" (Took effect on December 5, 1933) Board of Indeterminate Sentence Amended Executive Order 83, series of 1937 Gave the Board the authority to advise the Chief executive on the courses of action to take on petitions for executive clemencies. It renamed the Board of Indeterminate Sentence to BOARD OF PARDONS Amended by Executive Order 94, otherwise known as "The Reorganization Law of 1947" which abolished the Board of Pardons and created the BOARD OF PARDONS AND PAROLE  THE BPP Composition (The Board of Pardons and Parole is the administrative arm of the power to grant, except in cases of impeachment, reprieves, commutations and pardons, after conviction by final judgment) BPP is composed of seven (7) members all appointed by the President of the Philippines with the Secretary of Justice shall be its Ex-Officio Chairman The law requires that the six Board members should include a sociologist, a clergyman, an educator, a lawyer, a penologist, and the Administrator of PPA as an Ex-officio member (At least one (1) member of the Board shall be a woman). (Appointed by the President)  CONSTITUTION AND STATUTORY MANDATE The Board is the administrative arm of the President of the Philippines in the exercise of the constitutional power to grant, except in cases of impeachment, pardon, reprieve and amnesty after conviction by final judgment. The Indeterminate Sentence Law of 1933 was further amended by RA 4203 which provided the qualifications, term of office, composition and compensation of the Board members on June 5, 1965. BPP Resolution No. 229 dated April 2, 1991. "Authority of Regional Probation and Parole Officers" to conduct Pre-Parole A The Board resolved as it is hereby resolved, to authorized the parole and probation administration to conduct Pre- Parole and Executive Clemency Investigation of provincial and national prisoners confined in city and provincial jails, the national penitentiary and penal colonies and to submit a report of said investigation sixty days before the expiration of the minimum sentence of the prisoner concerned. Likewise, by virtue of the Executive Order No. 292 on November 23, 1989, Probation Administration was renamed Parole and Probation Administration.  PAROLE INVESTIGATION PROCESS Process starts upon receipt of the Board of Prison and records and CARPETA of national prisoners (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, 30 days before the expiration of the prisoner's minimum sentence. The Municipal, City, District and Provincial Jail Wardens have the obligation to transmit to the Director of Prisons all pertinent records of prisoners in jails 30 days before the expiration of such prisoner's minimum sentence. The Director of Prisons shall submit to the Board for its consideration within 15 days after receipt of the said records. At any time, prisoners or any person on their behalf can file a petition for parole and executive clemency in view of the fact that NOT ALL prison records and CARPETAS of qualified national, provincial, district, municipal and city prisoners are transmitted to the concerned authorities within the reglementary period. If the petitioner's application is considered, the Board will issue a Referral, requesting the Parole and Probation Administration to conduct the following within 60 days upon receipt thereof: A. Conduct pre-parole investigation B. Submit a pre-parole investigation report. Upon receipt of said reports, the Board shall assess and determine whether the petitioner is qualified for Parole. If the offender deserves to enjoy the benefits of being placed on parole. "Release Document" or specifically known as "Discharge on Parole" will be issued for prisoner's temporary liberty. Petitions for Parole/Executive Clemency filed by convicted aliens who are serving sentence in the Philippines are referred for comment and recommendation to the Secretary of Foreign Affairs who shall determine in so far as it is valid and legitimate the grant of executive clemency to a foreigner should be done. The Board can always act on the cases of a national prisoner regardless of where he is confined. However, if still confined in Municipal, City, District and Provincial jails, the warden shall issue a certification that the continued confinement of the prisoner in his jail is beyond the prisoner's control.  RULES ON PAROLE Pursuant to Act No. 4103, otherwise known as "The Indeterminate Sentence Law, as amended by, among others, Section 21. Title III, Book IV of Executive Order No. 292 dated July 25, 1987, otherwise known as "The Administrative Code of 1987" , the following Rules on Parole are hereby promulgated:  RULE 1 GENERAL PROVISIONS RULE 1.1. Purpose of the Law and Duty of the Board - to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty. Under Section 5 of said Act, it is the duty of the Board of Pardons and Parole to look into the physical, mental and moral record of prisoners who are eligible for parole and to determine the proper time of release of such prisoners on parole  RULE 1.2. Definition of Terms a. "Board" refers to the Board of Pardons and Parole; b. "Carpeta" refers to the institutional record of an inmate which consists of his mittimus or commitment order issued by the Court after conviction, the prosecutor's information and the decisions of the trial court and the appellate court, if any; certificate of non-appeal, certificate of detention and other pertinent documents of the case; c. "Director" refers to the Director of the Bureau of Corrections; d. "Parole" refers to the conditional release of a prisoner from a correctional institution after he has served the minimum of his prison sentence; e. "Parole Supervision" refers to the supervision/surveillance by the Probation and Parole Officer of a parolee; f. "Parolee" refers to a prisoner who is released on parole; g. "Penal Superintendent" refers to the Officer-In-Charge of the New Bilibid Prison, the Correctional Institution for Women and the prison and penal farms of the Bureau of Corrections; h. "Prison Record" refers to information concerning an inmate's personal circumstances, the offense he committed, the sentence imposed, the criminal case number in the trial and appellate courts, the date he commended serving his sentence, the date he was received for confinement, the place of confinement, the date of expiration of the sentence, the number of previous convictions, if any, and his behavior or conduct while prison; i. "Probation and Parole Officer" refers to the Probation and Parole Officer undertaking the supervision of the parolee; j. "Regional Director" refers to the Head of the Parole and Probation Administration in the region; k. "Release Document" refers to the "Discharge on Parole" issued by the Board; and I. "Warden" refers to the Officer-In-Charge of the Provincial, City, Municipal or district Jail.  RULE 2 RULES IN CONSIDERING PAROLE CASES Part A. Eligibility for Review and Disqualifications RULE 2.1. Eligibility for Review of A Parole Case - A prisoner's case shall not be eligible for review by the Board unless: a. the prisoner is confined in prison or jail to serve an indeterminate sentence, the maximum period of which exceeds one (1) year, pursuant to a final judgment of conviction, which has become final and executory; and b. He has served the minimum period of said sentence.  RULE 2.2 DISQUALIFICATION FOR PAROLE 1. Those convicted of an offense punished with the death penalty, reclusion perpetua or life imprisonment; 2. Those convicted of treason, conspiracy or proposal to commit treason or espionage; 3. Those convicted of misprision of treason, rebellion, sedition or coup d' etat 3. Those convicted of piracy or mutiny on the high seas on Philippine waters; 4. Those who are habitual delinquents, be, those who, within a period of ten (10) years from the date of release from prison of last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, and falsification, are found guilty of any of said crimes a third time or offender; 5. Those who escaped from confinement or evaded sentences; 6. Those who having been granted conditional pardon by the President of the Philippines shall have violated any of the terms thereof; 7. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence; 8. those suffering from any mental disorder as certified by a government psychiatrist/ psychologist; 9. Those whose conviction is on appeal or has not yet become final and executory; In case the prisoner has one or more co-accused who had been convicted, the Director/Warden concerned shall forward their prison records and carpetas at the same time. 10. Those who have pending criminal case/s; 11. Those national prisoners serving sentence in a municipal, city, district or provincial jail unless the confinement in said jail is in good faith or due to circumstances beyond the prisoners' control; Part B. Form and Contents of Petition 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. Where a petition is filed by, or on behalf of, a prisoner, the form of said petition shall substantially comply what that prescribed by the Board and shall clearly show the following: a. that the prisoner's case eligible for review by the board; and b. that he is not disqualified from being granted parole:  Part C. Procedure RULE 2.4. Transmittal of carpeta and Prison Record - The Director or Warden concerned shall send a prisoner's prison record and carpeta to the Board at least one (1) month prior to the date when his case shall be eligible for review. RULE 2.5. Publication of Names of Prisoners Being Considered for Parole - The Board shall cause the publication in a newspaper of general circulation the names of prisoners convicted of heinous crimes or those sentenced to reclusion perpetua or life imprisonment and whose sentence has been commuted to an indeterminate prison term and may be considered for release on parole. RULE 2.6. Notice to Offended Party - In addition to the publication in a newspaper of national circulation, the offended party, or his immediate relatives in the event that the offended party is unable or otherwise not available, shall be notified personally or by registered mail and given a period of thirty (30) days from notice within which to communicate their comment to the Board regarding the contemplated grant of parole to the prisoner. RULE 2.7. Deferment of Parole When Safety Compromised - If, based on the report on pre-parole investigation conducted on the prisoner, there is clear and convincing evidence that his release on parole will endanger his own life or those of his relatives, or the life, safety and well-being of the victim, his relatives, his witnesses, and the community, the release of the deferred until the danger ceases.  Part D. Proceedings of the Board RULE 2.8. Factors to be Considered in Review of Parole Cases a. the degree of prisoner's rehabilitation and his institutional behavior or conduct; b. previous criminal record, if any the risk to other persons, including the victim and witnesses and their family and friends, or the community in general, or the possibility of retaliation by the victim, his family and friends; c. the gravity of the offense and the manner in which it was committed, and prisoner's attitude towards the offense and his degree of remorse; d. evidence that the prisoner will be legitimately employed upon release, or has a place where he will reside; and e. The age of the prisoner and the availability of after-care services for the prisoner who is old, seriously ill or suffering from physical disability. RULE 2.9. Grant of Parole - the Board may grant a prisoner parole based on reports regarding the prisoner's work and conduct and on the study and investigation by the Board itself and it finds the following circumstances are present: a. That the prisoner is fitted by his training for release: b. That there is a reasonable probability that, if released, he will live and remain at liberty without violating the law; and c. That his release will not be incompatible with the welfare o society. RULE 2.10. Meetings - The Board shall meet in executive session regularly or upon the call of the Chairman. RULE 2.11. Quorum - A majority of all the members of the board shall constitute a quorum. RULE 2.12. Board Action - A majority of the members of the Board, constituting a quorum, shall be necessary to support a decision of the board or to carry out any action. However, in order to grant parole, to modify any of the terms and conditions appearing in a Release Document, to order the arrest and recommitment of a parolee, and to issue certificate of final Release and discharge to a parolee, the decision or action must be supported by at least four (4) votes of the members of the Board.  The minutes of the meeting of the board shall show the votes of its individual members and reason or reasons for voting for or against any matter presented for the approval of the Board. Any dissent from the decision to grant or deny parole shall be reduced in writing and shall form part of the records of the proceedings  RULE 3 RULES AFTER GRANT OF PAROLE Part A. Parole Supervision Rule 3.1 Release; form of Release Document - A prisoner shall be released upon the grant of parole. Such grant of parole shall be evidenced by the Release Document, which shall be in the form prescribed by the board and shall contain the latest 1" x 1" photograph and right thumbprint of the prisoner RULE 3.2. Transmittal of Release Document - The Board shall send a copy of the Release Document to the prisoner through the Director of Corrections or Warden of the jail where he is confined. On the date of actual release of the prisoner, the Director or Warden concerned shall send a certification of said release to the Probation and Parole Officer specified in the Release Document. RULE 3.3. Parole Supervision - After release from confinement, the parolee shall be placed under the supervision of the Probation and Parole Officer specified in the Release Document so that the former may be guided and assisted towards rehabilitation. The period of parole supervision shall extend up to the expiration of the maximum sentence, which should appear in the Release Document.  PAROLE SUPERVISION PROCESS Starts upon the issuance of the "DISCHARGE ON PAROLE" or otherwise known as the "RELEASE DOCUMENT" from the Board of Pardons and Parole. Should a prisoner be released because of PAROLE, he will be called PAROLEE. However, If he is placed under CONDITIONAL PARDON, he will be called PARDONEE. Whatever a parolee or pardonee, both will be considered as CLIENTS. They will be under supervision and shall abide with the conditions stated in their release document. The mandatory parole conditions To report to the probation office within 45 days; To report at least once a month for those who are residing outside Metro Manila / to report at least twice a month for those who are residing within Metro Manila. Substantial compliance during parole supervision would result in the submission of summary report by the Probation and Parole Officer. In effect, upon evaluation, the board may resolve to issue a CERTIFICATE OF FINAL RELEASE AND DISCHARGE (CFRD) for absolute freedom ol the client. On the contrary, if the client failed to comply with his any of his parole conditions stated in his discharge on parole, the supervising Probation and Parole Office may submit a Progress, Infraction or violation report with the recommendation to issue an ORDER OF ARREST AND RECOMMITMENT (OAR). In this regard, the Board may grant the same which may result in re- incarceration of the client. RULE 3.4. Presentation of Probation and Parole Officer - Within the period prescribed in his Release Document, the parolee shall present himself to the Probation and Parole Officer specified in the Release Document for supervision. If the parolee fails to report within forty five (45) days from the date of his release from confinement, the Probation and Parole Officer shall inform the Board of such failure for the Board's appropriate action. RULE 3.5. Arrival Report - Within fifteen (15) working days from the date when the parolee reported for supervision, the Probation and Parole Officer concerned shall inform the Board, through the Technical Service of the Parole and Probation Administration, of such fact. RULE 3.6. Mandatory Conditions of Supervision - It shall be mandatory for a parolee to comply with the terms and conditions appearing in the Release Document RULE 3.7. Review and Modification of Conditions - The Board may, motu proprio or upon recommendation for the Probation and Parole Officer, revise or modify and terms and conditions appearing in the Release Document. RULE 3.8. Transfer of Residence - A parolee may not transfer from the place of residence designated in his Release document without the prior written approval of the Regional director subject to the confirmation of the Board.  TRANSFER OF RESIDENCE A parolee/pardonee may not transfer from the place of residence designated in his Release Document without prior written approval of the Regional Director. To secure such approval, the parolee/ pardonee with his Parole and Probation Officer shall file a written application in the form prescribed by the BPP at least fifteen (15) days before the requested transfer. The application, together with the recommendation of the Parole and Probation Officer, will be forwarded to the BPP for appropriate action. RULE 3.9. Outside Travel - A Chief Probation and Parole Officer may authorize a parolee to travel outside his area of operational jurisdiction for a period of not more than thirty (30) days. Travel for more than 30 days shall be approved by the regional Director.  OUTSIDE TRAVEL A Parole and Probation Officer can authorize a parolee/ pardonee to travel outside his area of operational jurisdiction from ten (10) to thirty (30) days. Outside travel for a cumulative duration of more than 30 days within a six (6) month period shall be considered as transfer of residence. RULE 3.10. Travel Abroad and/or Work Abroad - Any parolee under active supervision/surveillance who has no pending criminal case in any court may apply for overseas work or travel abroad. However, such applications for travel abroad shall be approved by the Parole and Probation Administration and confirmed by the Board. RULE 3.11. Death of Parolee - If a parolee dies during parole supervision, the Probation and Parole Officer shall immediately transmit a certified true copy of the parolee's death certificate to the Board recommending the closing of the case, However, in the absence of a death certificate, an affidavit narrating the circumstances of the fact of death from the barangay chairman or any authorized officer or any immediate relative where the parolee resided, shall suffice.  Part B. Infraction/Violation of the Terms And conditions of the Release Document RULE 3.12. Reports - The Probation and Parole Officer concerned shall submit the following reports to the board: a. A Progress Report when a parolee commits another offense during the period of his parole supervision and the case filed against him has not yet been decided by the court or on the conduct of the parolee while under supervision; b. An Infraction Report When the parolee has been subsequently convicted of another crime; c. A Violation Report when a parolee commits any violation of the terms and conditions appearing in his Release document or any serious deviation or non-observance of the obligations set forth in the parole supervision program. RULE 3.13. Arrest of Parolee - Upon receipt of an Infraction Report, the board may order the arrest or recommitment of the parolee. RULE 3.14. Effect of Recommitment of Parolee - The parolee who is recommitted to prison by the Board shall be made to serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison. RULE 3.15. Withdrawal of Release Document - The Board may recommend the withdrawal of the Release document if it finds that material information given by the parolee of the board, either before or after release, was false, or incomplete or that the parolee had willfully or maliciously concealed material information from the Board.  Part C. Termination of Parole Supervision RULE 3.16. Summary Report - After the expiration of the maximum sentence of a parolee, the Probation and Parole Officer concerned shall submit to the Board, through the chief Probation and Parole Officer, a Summary report on his supervision of a parolee. The clearances from the police, court, prosecutor's office and barangay officials shall be attached to the Summary Report. RULE 3.17. Certificate of Final Release and Discharge - Upon receipt of the summary Report, the Board shall, upon the recommendation of the Chief Probation and Parole Officer that the parolee has substantially complied with all the conditions of his Release Document, issue to the parolee a certificate of final Release and Discharge. RULE 3.18. Effect of Certificate of Final Release and Discharge - Upon the issuance of a certificate of final release and discharge, the parolee shall be finally released and discharged from the conditions appearing in his release document. However, the accessory penalties of the law that have not been expressly remitted therein shall subsist. RULE 3.19. Transmittal of Certificate of Final Release and Discharge - The Board shall forwarded a certified true copy of the certificate of Final Release and discharge to the parolee, the Court which imposed the sentence, the Probation and Parole Officer concerned, the Bureau of Corrections, the National Bureau of Investigation, the Philippine National Police, and the Office of the President. Nagsusulat na ba ang lahat?