CA1-Midterm-Coverage PDF

CHAPTER 5 CORRECTIONAL ADMINISTRATION Corrections, as previously defined, is that branch of the criminal justice system concerned with the custody, supervision, and rehabilitation of criminal offenders. It is a...

CHAPTER 5 CORRECTIONAL ADMINISTRATION Corrections, as previously defined, is that branch of the criminal justice system concerned with the custody, supervision, and rehabilitation of criminal offenders. It is also the field of criminal justice administration that utilizes the body of knowledge and practices of the government and the society in general involving the processes of handling individuals who have been convicted of offenses for purposes of crime prevention and control. The concept includes a wide range of diversified program agencies and institutions and an equally broad range of philosophical goals, ideals and theories about the nature of humans, society, crime, and the criminal offender. Correctional administration, therefore, refers to the planning and managing of institutional facilities and programs for housing and rehabilitating prisoners in the public and/or private sectors. It implies proper understanding of the principles and practice of correction, facilities planning and management, safety and security, social and health services, staff and inmate management, budgeting, communication skills, correctional psychology, and applications to specific types of correctional facilities approaches. Simply put, correctional administration is the system of delivering the basic necessities and rehabilitation programs of the correctional agencies to the objects of corrections-the prisoners. It is not to be confused with correctional management, which is merely concerned with making use of available manpower and resources to implement programs on a day-to-day basis. (Corpuz, R.N., undated] The Department of Justice website [Department of Justice, 2014) in its "Institutional and Strategic Framework" page mentions three basic components of corrections: a. Safekeeping and rehabilitation of offenders – The Bu- reau of Corrections (BuCor) ensures that national prisoners serve their sentence and are rehabilitated while in custody to prepare them for reintegration into the mainstream so- ciety. b. Pardon, parole and probation – The Board of Pardons and Parole (BPP) grants parole to qualified offenders and recom- mends pardon/Executive Clemency. The Parole and Pro- bation Administration (PPA) conducts pre- parole/probation investigation and supervises offenders granted parole, par- don and probation as well as first- time minor drug offend- ers for rehabilitation and reintegration. c. Victims compensation – The government provides monEtary compensation for victims of violent crimes and unjust imprisonment through the Victims Compensation Program implemented by the Board of Claims (BOC). Institutional Framework of the Philippine Correctional System Three major government functionaries are involved in the Philippine correctional system, namely: the Department of Justice (DOJ), Department of the Interior and Local Government (DILG) and the Department of Social Welfare and Development (DSWD). The DOJ supervises the national penitentiaries through the Bureau of Corrections, administers the parole and probation system through the Parole and Probation Administration, and assists the President in the grant of executive clemency through the Board of Pardons and Parole. DILG supervises the provincial, district, city and municipal jails through the provincial governments and the Bureau of Jail Management and Penology, respectively. DSWD supervises the regional rehabilitation centers for youth offenders through the Bureau of Child and Youth Welfare. DIFFERENT MODELS OF CORRECTIONAL ADMINISTRATION 1. Responsibility Model. Responsibility for assuring prescribed behavior lies on the prisoners themselves and not on the system of administrative control. 2. Custodial Model. Discipline is strictly applied and most aspects of behavior are regulated. Security and order are maintained through the subordination of the prisoners, to the authority of the warden.  3. Control Model. Puts emphasis on prisoner obedience, work, and education. 4. Rehabilitation Model. Security and housekeeping activities are viewed as key to rehabilitation efforts. 5. Reintegration Model. This is based on the assumption that it is important for the prisoners to maintain or develop ties with the free society; thus, the emphasis is on the resumption of a normal life. 6. Total Institution Model. Every minute spent inside the facility must be in accordance with the rules enforced by the staff. 7. Penitentiary Model. This applies two systems, namely, the separate and the congregate. The separate system uses solitary confinement and manual labor. The prisoners are separated from one another and from the outside world. The congregate system allows prisoners to sleep in solitary cells and work together, but must observe complete silence. 8. Progressive Model. A more humanitarian model that combines reformatory and scientific penitentiary as exemplified by the Elmira Reformatory in New York. CHAPTER 6 THE BUREAU OF CORRECTIONS The Bureau of Corrections (BuCor) is an agency of the Department of Justice that is charged with the custody and rehabilitation of national offenders, who have been sentenced to three years of imprisonment or more. The Bureau is under the executive branch of the government and under the umbrella of the Department of Justice. It is headed by the Director of Prisons. It was formerly called the "Bureau of Prisons" from 1905 to 1989 and now has its headquarters in the New Bilibid Prison Reservation in Muntinlupa City. It has 2,862 employees, 61% of whom are custodial officers, 33% are administrative personnel, and 6% are members of the medical staff. The BuCor Mission The Bureau has a twofold mission: (1) Maximizing the assets value of the BuCor to effectively pursue its responsibility in safely securing and transforming national prisoners through responsive rehabilitation programs managed by professional correctional officers, and (2) mandating the principal task of rehabilitating national prisoners. BuCor Mandates Under Section 4 of Republic Act No. 10575, the Bureau of Corrections shall be in charge of safekeeping and instituting reformation programs to national inmates sentenced to more than three years. a) Safekeeping of National Inmates. The safekeeping of inmates shall include decent provision of quarters, food, water, and clothing in compliance with established United Nations standards. The security of the inmates shall be undertaken by the Custodial Force consisting of Corrections Officers with a ranking system and salary grades similar to its counterpart in the BJMP. b) Reformation of National Inmates. The reformation programs, which will be instituted by the BuCor for the inmates, shall be the following: 1. Moral and spiritual programs; 2. Education and training programs; 3. Work and livelihood programs;  4. Sports and recreation programs; 5. Health and welfare programs; and 6. Behavior modification program, to include therapeutic communities. c) The reformation programs shall be undertaken by professional reformation personnel consisting of corrections technical officers with ranking system and salary grades similar to corrections officers. 1. Corrections Technical Officers are personnel employed in the implementation of reformation programs and those personnel whose nature of work requires proximate or direct contact with inmates. 2. Corrections Technical Officers include priests, evangelists, pastors, teachers, instructors, professors, vocational placement officers, librarians, guidance counselors, physicians, nurses, medical technologists, pharmacists, dentists, therapists, psychologists, psychiatrists, sociologists, social workers, engineers, electricians, agriculturists, veterinarians, lawyers and similar professional skills relevant to the implementation of inmate reformation programs. In carrying out its mandate, the Bureau does the following tasks: Confine persons convicted by the courts to serve a sentence in national prisons. Keep prisoners from committing crimes while in custody. Provide humane treatment by supplying the inmates' basic needs and implementing a variety of rehabilitation programs designed to change their pattern of criminal or anti-social behavior. Engage in agro-industrial projects for the purpose of developing prison lands and resources into productive bases or profit centers, developing and employing inmate manpower skills and labor, providing prisoners with a source of income and augmenting the Bureau's yearly appropriations. Forerunners of the Bureau of Corrections The Old Bilibid Prison, which was located on Oroquieta Street in Manila was established in 1847 and by a Royal Decree formally opened on April 10, 1866. On August 21, 1870 the San Ramon Prison and Penal Farm was established in Zamboanga City for Muslim and political prisoners opposed to the rule of Spain. The Luhit Penal Settlement now known as Iwahig Prison and Penal Farm was established in 1904 by the Americans in 28,072 hectares of land. The land areas expanded to 40,000 hectares in the late 1950s and expanded again to 41,007 hectares by virtue of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912. The Bureau of Prisons was created under the Reorganization Act of 1905 as an agency under the Department of Commerce and Police. The Reorganization Act also re-established the San Ramon Prison in 1907, which was destroyed during the Spanish-American War in 1888. The prison was placed under the Bureau of Prisons and housed prisoners in Mindanao. The Correctional Institution for Women was founded on November 27, 1929 by virtue of Act No. 3579 as the first and only prison for women in the Philippines. Later, on January 21, 1932, the Bureau opened the Davao Penal Colony in Southern Mindanao. The New Bilibid Prison was established in 1935 in Muntinlupa due to the increased rate of prisoners. Proclamation No. 72 issued on September 26, 1954, established the Sablayan Prison and Penal Farm in Occidental Mindoro, and the Leyte Regional Prison was established on January 16, 1973, under Proclamation No. 1101. Due to increasing crime rate, the Philippine Government enacted Commonwealth Act No. 67 and a new prison was built in Muntinlupa on 551 hectares of land at an area considered at that time to be "remote." Construction began in 1936 with a budget of one million pesos. In 1940, the prisoners, equipment, and facilities were transferred to the new prison. The remnants of the old facility was used by the City of Manila as its detention center then known as Manila City Jail (MCJ). In 1941, the new facility was officially named The New Bilibid Prison. At that time, the Manila City Jail was understaffed, overcrowded, and its facilities were in disrepair. Originally built by the Spaniards in the 19th century, "Bilibid," as it was commonly known, was home to prisoners of war during the Japanese occupation of Manila in World War II. Today it houses over 3,700 inmates a fourfold overcapacity rate on two hectares, making the MCJ undoubtedly one of the most overcongested jail facilities in the country. Seven Prison Facilities in the Country 1. New Bilibid Prison in Muntinlupa City 2. Correctional Institute for Women (CIW) in Mandaluyong City 3. Iwahig Penal Colony located in Sta. Lucia, Palawan 4. Davao Penal Colony in Davao 5. Sablayan Penal Colony in Occidental Mindoro 6. San Ramon Prison and Penal Farm in Zamboanga Del Norte 7. Leyte Regional Prison in Abuyog, Leyte Note: Prisons and penal farms were formerly called penal colonies. All seven prisons and penal farms have medium, minimum, and maximum security facilities. However, only New Bilibid Prison and CIW confine death convicts. The New Bilibid Prison in Muntinlupa, Philippines, is the main insular penitentiary designed to house the prison population of the Philippines. It is maintained by the Bureau of Corrections (BuCor) under the Department of Justice. The penitentiary had an initial land area of 551 hectares. One hundred four hectares of the facility were transferred to a housing project of the Department of Justice. The Bureau of Corrections has its headquarters in the NBP Reservation. Recreational facilities The prisoners spend leisure time in the basketball court in the penitentiary's gymnasium and are also engaged in the production of handicrafts. Various religious denominations are active in the prison, with masses said daily in the prison's Catholic chapel. These religious groups, such as the Seventh-day Adventist Church, Amazing Grace Christian ministries, Philippine Jesuit Prison Service and Caritas Manila, also extend medical services to prisoners. Educational facilities Elementary education, high school education, vocational training and adult literacy programs are provided inside the compound. Prisoners may also study to complete their Bachelor's Degree in Commerce. The New Bilibid Prison also houses a talipapa (market) where the prisoners can buy commodities. Physical Security Prisons are normally surrounded by fencing, walls, earthworks, and other barriers to prevent escape. Other escape deterrents include multiple barriers, concertina wire, electrified fencing, secured and defensible main gates, armed guard towers, security lighting, motion sensors, dogs and roving patrols. Movements and activities of prisoners inside the facilities are monitored by remotely controlled doors, CCTV monitoring, alarms, cages, restraints, nonlethal and lethal weapons, riot-control gear and physical segregation of units and prisoners. DEGREES OF CUSTODY OF PRISONERS 1. Super Security is intended for a special group of prisoners composed of incorrigibles and dangerous persons who are difficult to manage for being the source of constant disturbance in the maximum security institution. 2. Maximum Security is for habitual troublemakers who may not be as dangerous as the super security prisoners. They wear orange uniforms. 3. Medium Security is for prisoners who may be allowed to work outside the institution under guard escorts. They wear blue uniforms. 4. Minimum Security is for prisoners who can already be trusted to report for work places of work assignment without the presence of guards. They wear brown uniforms. 5. Detention is for individuals held in custody, prior to formal charges. Detainees wear gray uniforms. The Bureau of Corrections Act of 2013 On May 28, 2013, President Benigno S. Aquino III signed the Bureau of Corrections (BuCor) Act of 2013 or Republic Act 10575 that seeks to modernize, professionalize, and restructure BuCor by upgrading its facilities, increasing the number of its personnel, upgrading the level of qualifications of their personnel and standardizing their base pay, retirement and other benefits. It took the DOJ 18 months to prepare the Implementing Rules and Regulations (IRR) of the prison reforms law. Justice Secretary Leila de Lima signed the IRR on December 12. 2014. The BuCor modernization law replaced the 96-year-old Prison Act of 1917 and is thus expected to address the decades-long cycle of neglect that has left the country's prisons dilapidated, overcrowded, and understaffed. Under RA 10575, operating prisons and penal farms should have dormitories, an administration building, security fences, a hospital, a recreation center, a training center, a workshop area, and a visiting area. Among the reforms sought is the transfer of the NBP to Laur, Nueva Ecija. It has an allocated budget pegged at P50 million (roughly $1.12 million). It will be recalled that on 5 September 1991, then President Corazon C. Aquino issued Presidential Proclamation No. 792, which was amended by Presidential Proclamation No. 120 on 15 December 1992, to the effect that 104.22 hectares of land, a vast parcel of the NBP prison site, be developed into housing for employees of the Department of Justice and other government agencies. This housing project is known as the Katarungan ("Justice") Village. The Department of Justice describes one of the major challenges faced by the Bureau, thus: For the past 20 years, the total authorized number of prison guards under the old prison law was pegged at only 2,362 while the prison population has tripled from 12,000 to 37,232. The current prison guard-to-inmate ratio is at 1:62 at the NBP to as high as 1:144 at the Correctional Institution for Women in Mandaluyong City. The lowest ranking BJMP uniformed personnel or Jail Officer 1 (JO1) has a salary grade of 10 while the Prison Guard 1 (PG1) in BuCor only had a salary grade of 5. For those with officer rank, the BJMP's Jail Inspector, which is the equivalent to the rank of Lieutenant, has a salary grade of 22 while BuCor's Prison Inspector was pegged at ii. Under the old law, it was not unusual for a PG1 to retire without having been promoted even after 40 years of service. [Department of Justice website, accessed March 21, 2016] The new law mandates BuCor to implement a rationalized system of promotion and performance evaluation system in coordination with the Civil Service Commission. Secretary De Lima likewise assured prison guards a 100% increase in their compensation - from salary grade 5 to salary grade 10 to avoid being corrupted by big- time criminals locked up in prison. The Corrections Act of 2013 also authorizes the recruitment of additional personnel and the standardization of salary grades so that BuCor personnel could be at par with their counterparts from the Bureau of Jail Management & Penology (BJMP), which manages jail facilities for pre-trial detainees and convicts with less than three-year prison terms. ADMISSION PROCESS IN PRISON (BUCOR) Purpose of confinement - A person is committed to prison or jail a) to segregate him from society; and b) to rehabilitate him so that upon his return to society he shall be a responsible and law-abiding citizen. Safekeeping - the custodial component of the BuCor’s present corrections system. Refers to the act that ensures the public that national inmates are provided with their basic needs, completely incapacitated from further committing criminal acts, and have been totally cut off from their criminal networks while serving sentence inside the premises of the national penitentiary. Reformation - the rehabilitation component of the BuCor’s present corrections system. Shall refer to the acts which ensure the public that released national inmates are no longer harmful to the community by becoming reformed individuals prepared to live a normal and productive life upon reintegration to the mainstream society. The BuCor operates with a directorial structure. The Security and Operations Directorates provide basic needs and security for the prison. The Directorate for Reformation administers the reformation programs. The Directorate for External Relations prepares inmates for reintegration into mainstream society. The question now is, what directorate is responsible for the admission of new inmates? Admission of newly committed PDLs at the BUCOR is actually done at the Directorate for Reception and Diagnostics. Directorate for Reception and Diagnostics (Formerly Reception and Diagnostic Center) This is a special unit of prison (Camp Sampaguita) where new PDLs undergo diagnostic examination, study and observation for the purpose of determining the programs of treatment and training best suited to their needs for a total period of 60 days and the institution to which they should be transferred. The newly committed PDL undergo the necessary test, examination, etc. before finally transferred to the operating institutions. a. Admission of prisoners. The BuCor, through its penal establishments, shall receive prisoners from competent authority upon presentation of the following documents: 1. Mittimus/Commitment Order of the Court, 2. Information and Court Decision in the case, 3. Certification of Detention, 4. Certification of No Pending Case, 5. Certification of Non-Appeal, and 6. Provincial Form 35 / Inmate data sheet b. A female offender shall be received only at the Correctional Institution for Women. c. All prisons and penal farms are also authorized to receive directly from courts convicted prisoners in consonance with the Supreme Court Circular No. 63-97 dated October 6, 1997. Registration Book – A prison shall keep a bound registration book wherein all commitments shall be recorded chronologically. The register shall contain the following entries: a. Name of the PDL; b. Reason for commitment and the authority thereof; c. Sentence; d. Date and hour of admission; and e. Date and hour of discharge or transfer and basis thereof. Admission process – After registration, the inmate shall be photographed, front and side view, fingerprinted and assigned a permanent prison number. The male inmate shall then be given a regulation haircut and his beard/mustache, if any, shall be shaven off. Place for admission – The admission of an inmate shall be made in an area that is physically separated from the general prison population. Admission procedure: (RA 10575, IRR) 1. Receiving – the new prisoner is received at the DRD. The new prisoner usually comes from a provincial or city jail where he was immediately committed upon conviction by the court, and escorted by the escort platoon during his transfer to the National Prison. 2. Checking of Commitment Papers – the receiving officer checks the commitment papers if they are in order. That is, if they contain the signature of the judge or the signature of the clerk of court, and the seal of the court. 3. Identification / Booking – the Prisoner’s identity is established through the picture and fingerprint appearing in the commitment order. This is to ensure that the person being committed is the same as the person being named in the commitment order. 4. Searching /Shakedown – this step involves the frisking of the prisoner and searching his personal things. Weapons and other items classified as contraband are confiscated and deposited to the property custodian. Other properties are deposited with the trust fund officer under recording and receipts. Pat – patting of subjects clothing Rub – patting of body over the clothing including the groin, buttocks, and breast Strip – naked search Body Cavity Search – expose body cavities like Anus and Vagina to look for contrabands 5. Briefing and Orientation – the prisoner will be brief and oriented on the rules and regulations of the prison before he will be assigned to the DRD of the Quarantine Unit. 6. Issuance of Clothes and Equipment – from the receiving office, the new prisoner goes to the supply room where he receives his prison uniform, mosquito net, and beddings. 7. Assignment to Quarters – after the prisoner is issued his clothing’s and beddings, he is sent to the quarantine unit. The quarantine may be a unit of the prison or a section of the Reception Center. Body search of inmate; personal effects Upon admission, the inmate shall be searched thoroughly. He shall be allowed to retain in his possession only such articles as are authorized hereunder. A list of all articles taken from the inmate shall be entered in the inmate’s record and receipted for by the guard in charge thereof. All articles taken from the inmate shall be return to him upon his discharge unless previously disposed of at the inmate’s request or ordered condemned by the Superintendent after a lapsed of two (2) years. Hairpieces - An inmate may not wear a wig or artificial hairpiece, unless medical authorization to do so is approved by the Superintendent Confiscation of contraband - Narcotics and all other prohibited drugs or substances, as well as weapons of any kind, substances or chemicals that may cause bodily harm, and any other items or articles that a PDL is not permitted to possess under prison rules, will be considered contraband and confiscated accordingly. Issuance of uniforms etc. The newly-admitted inmate shall be issued two (2) regulation uniforms/suits and two (2) t-shirts. Whenever practicable, he shall also be issued the following items: a. One (1) blanket; b. One (1) mat; c. One (1) pillow with pillow case; d. One (1) mosquito net; e. One (1) set, mess kit; and f. One (1) pair, slippers. Personal effects of inmate In addition to the articles supplied by the prison, the inmate may bring clothes and other items essential to his well-being, provided the quantity, nature and dimension thereof will not interfere with the safety and living conditions of the other inmates. The Superintendent may allow the inmate to bring in electrical equipment like television sets, radio cassettes, video players, electric fans and similar items provided the same is for common use with other inmates. In no case shall an inmate be allowed to bring in luxurious items such as air conditioners, carpets, sofas, beds, sleeping mattresses, washing machines and the like. Wearing of jewelry An inmate may not wear any jewelry items. He may, however, be allowed an inexpensive watch. Inmate Record The RDC shall keep a complete record of an inmate which shall include the inmate’s personal circumstances; a brief personal, social and occupational history; the result of the intake interview; and initial security classification. Prison Record - information concerning an inmate’s personal circumstances, the offense he committed, the sentence imposed, the criminal case numbers in the trial and appellate courts, the date he commenced service for sentence, the date he was received for confinement, the date of expiration of his sentence, the number of previous convictions, if any, and his behavior or conduct while in prison. Carpeta (also known as the inmate record or jacket) - Institutional record of an inmate which includes the mittimus/commitment order, the prosecutor’s information and the decision of the trial court, including that of the appellate court.