CORADM1 Institutional Corrections PDF

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Pamantasan ng Lungsod ng Muntinlupa

2024

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correctional administration criminal justice penology

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This document details institutional corrections, covering topics such as correction, correctional administration, penology, penal management, punishment, and penalties, along with different models of criminal treatment. It explores historical perspectives and examines various early codes, including the Code of Ur-Nammu, Hammurabi Code, and Deuteronmy.

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PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 A. TERMS TO PONDER: 1. Correction – is a bran...

PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 A. TERMS TO PONDER: 1. Correction – is a branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders. The field of criminal justice administration which utilizes the body of knowledge and practices of the government and the society in handling individuals who have been convicted of an offense. - Correction came from the root word “CORRECT” which mean “to right a wrong” - Correction is considered as the weakest pillar because of its failure to deter individuals in committing crimes as well as the reformation of the inmates to become law-abiding citizens after their release. 2. Correctional Administration – study and practice of a systematic management of jails and prisons and other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders. 3. Penology - the study of control and prevention of crime through punishment of criminal offenders. Penology is the study of punishment for crime or of criminal offenders. Penology derives from a Latin word “POENA “which means pain or suffering and “LOGY” means study. Derives from Greek word “POINE” pain. Also known as ‘Penal Science’. Division of Criminology that deals with prison management and the treatment of offenders. 4. Penal Management – refers to the manner or practice of managing or controlling paces of confinement as in jails and prisons. 5. Punishment – is the redress that the state takes against an offending member of society that usually involves pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing. 6. Penalty – is the suffering inflicted by the State for the transgression of law. 7. Jail – is a place of confinement for city and municipal prisoners, any fugitive from justice, or person detained awaiting or undergoing investigation or trial. 8. Carpeta – otherwise known as “inmate record or jacket”, it contains the personal and criminal records of inmates. 9. Commitment Order – a written order of the court or any other competent authority consigning an inmate to jail or prison for confinement. 10. Mittimus Order – a warrant issued by a court bearing its seal and the signature of the judge, directing the jail or prison authorities to receive inmates for custody or service of the sentence impose therein. 11. Contraband – any article, item, or things prohibited by law and/or forbidden by jail rules that would pose as security hazards or endanger the lives of inmates. 12. Persons Deprived of Liberty (PDL)– is a generic term used to refer to a detainee or prisoner. 13. Persons Under PNP Custody (PUPC)-formerly known as ‘detainees’ are persons who are being hold by the PNP in its custodial facilities who were arrested for an offense or previous violation of law. (PNPMC No 2018-027) 14. Gaol (jail)- pre-trial facilities headed by a sheriff 15. Galley- 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. 16. Hulks- decrepit transport, 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 prisoners. They were also called “Floating Hell”. 17. Gulag Prison- wooden jail found in Russia, Germany and Phil CHAPTER 1: AN OVERVIEW OF CORRECTION Basic Approaches of Correction 1. Institutional Correction (Institution-based Correction) – rehabilitation or correctional programs take place inside correctional facilities or institutions such as national penitentiaries and jail. 2. Non-Institutional Correction (Community-based Correction) – rehabilitation or correctional programs take place within the community. In this approach the convict will not be placed or be released from correctional facility or jails. 2.1. Community-Based Correction Programs a. Probation – Is a disposition, under which an accused after conviction and sentence, is released subject to the conditions imposed by the Court and to the supervision of a probation officer. PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 b. Parole – A conditional release from prison of a convicted person upon service of the minimum of his indeterminate penalty. c. Pardon – A form of executive clemency which is exercised exclusively by the Chief Executive. Pardon may be given conditionally (conditional pardon) or unconditionally (absolute pardon). For the purpose of Non-Institutional Correction, it is the Conditional Pardon with parole conditions is under consideration. - Both systems are being implemented on a fragmentary basis by three departments of the executive branch of government. These are the following: DILG – City, Municipal and District Jail Provincial Government – Provincial and Sub Provincial Jails DSWD - Juveniles DOJ – BUCOr, BPP, PPA Court and other entities authorized to commit a person in jail: Supreme Court Court of Appeals Sandiganbayan RTC Me/MTC MCTC Congress of the Philippines Other administrative bodies or persons authorized by law to arrest and/or commit a person to jail Models of Criminal Treatment 1. Control Model - which emphasizes prisoner obedience, work and education (Sahara, 1988) 2. Responsibility Model - that stresses prisoners’ responsibility for their own action, not administrative control to assure prescribed behavior. Proper classification of inmates, according to this model, permits placing prisoners in least restrictive prison consistent with security, safety, and humane confinement. Prisoners should be given a significant degree of freedom and the held to account for their actions (Sahara 1988). 3. Custodian Model - based on the assumption that prisoners have been incarcerated for the protection society and for the purpose in incapacitation, deterrence and retribution. It emphasizes maintenance and security and order through the subordination of the prisoner to the authority of the warden. Discipline is strictly applied and most aspect of behavior is regulated. 4. Rehabilitation Model - security and housekeeping activities viewed primarily as a framework for rehabilitative efforts. Professional treatment specialist, enjoys a higher status than the employees, in accordance with the idea that all aspect of prison management should be directed towards rehabilitation with the rethinking of the goal of the rehabilitation. 5. Reintegration Model - is linked to the structures and goals of community corrections but has direct impact on prison operations. Although on offender is confined in prison, that experience is pointed toward reintegration into society. This kind of treatment gradually gives inmates greater freedom and responsibility during their confinement and move them into a halfway house, work release programs, or community correctional center before releasing them to supervision. Consistent with the perspective of community corrections, this model is based on the assumption that it is important for the offender to maintain or develop ties with free society the entire focuses this approach is on the resumption of a normal life (Clear and Cole, 1986). 6. Total Institution - “the prison, like other total institution, is a place of residence and work where a large number of like-situated individuals, cut off from wider society for an appreciable period of time, together lead an enclosed, formally administered round of life”. A total institution is one that completely encapsulates the lives of the people who work and live there. A prison must be such an institution in the sense that whatever prisoners do or not do begins and ends there; every minute behind bars must be lived in accordance with the rules as enforced by the staff. Historical Perspective on the Development of Corrections A.13th Century (Securing Sanctuary) - In the 13th C, a criminal could avoid punishment by claiming refugee in a church for a period of 40 days at the end of which time he has compelled to leave the realm by a road or path assigned to him. B. 1468 (England) – Torture as a form of punishment became prevalent. PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 C. 16th Century – Transportation of criminals in England, was authorized. At the end of the 16th Century, Russia and other European Countries followed this system. It partially relieved overcrowding of prisons. Transportation was abandoned in 1835. D. 17th Century to late 18th Century – Death Penalty became prevalent as a form of punishment. E. The Golden Age of Penology - the period from 1870 to 1880 was considered the golden age of penology. E. The Age of Enlightenment (Age of Reason) –18th Century is a century of change. Period of recognizing human dignity. Movement of reformation, the period of introduction of certain reforms in the correctional held by certain person, gradually changing the old positive philosophy of punishment to a more humane treatment of prisoner with innovational programs. The Early Codes 1. Sumerian Codes -the Code of Ur-Nammu is the oldest known law code surviving today. It is from Mesopotamia and is written on tablets, in the Sumerian language. 100 years older than Hammurabi Code. It written in Cuneiform. 1.1 King Ur-Nammu’s code (2100BCE) - Earliest Code than Code of Hammurabi 350 years earlier. - The Code was created and enacted by King Ur-Nammu in the City of Ur in Ancient Sumerian - Favoured the imposition of justice instead of naked vengeance. Restitution, Fines, Restorative Justice (is a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender, and the community.) 1.2 Code of Eshunna (1930bc) – a Sumerian law which prohibits of accepting money or objects form the bands of slave or making loans (transaction with a slave) 1.3 Code of Lipit-Ishtar (1860BC) – more popular version of Sumerian law which chronicles the rights or citizens, marriage, succession, property rights and penalties. 2. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC, credited as the oldest code prescribing savage punishment, but in fact, Sumerian codes were nearly one hundred years older. Is recognized as the First Codifier of Laws. Premised on the law of talion or the principle of d“an eye for an eye” a tooth for a tooth”. Under the principle of the lex talionis or law of talion, tit for tat or the law of equal retaliation, the punishment should be the same as the harm inflicted on the victim. 3. Code of Hittites - The hittites existed about two centuries after the reign of Hammurabi and they eventually conquered Babylon. The law of the Hittites may also be characterized as brutal, just like the Code of Hammurabi, because they used death as punishment for many offenses. This contained the laws that reflected the Hittite empire's social structure, sense of justice, and Morality. 4. Religious Code 4.1 Deuteronomy or the Mosaic Code - Is the fifth book in the Bible and it contains the basis of Jewish laws. It is believed that it was made by Moses. Collectively, the first five books of the Old Testament are what referred to as the Law of Moses or the Mosaic Code, from the name of Moses. The first five books contain the Ten Commandments which are considered the foundation of law systems throughout much of the Western World. 4.2 Koran - The counter part of this in the Islamic countries is the book of Koran, which has so much in parallel to the Christian and Jewish culture. 5. Greek Codes - The Greeks were the first society to allow any citizen to prosecute the offender in the name of the injured party. 5.1 The Code of Draco - The Code of Draco is considered to be first written law of the Greek civilization. This code is known for having severe penalties. “ULTIMATE IN SEVERITY” 5.2 The Code of Solon - Solon, also an Athenian, was appointed archon and was given legislative powers during his time, he repealed almost all the laws of the Code of Draco and created laws that provided just punishments. Solon had a great impact in the history of law-making that now the term “solon” is used to refer to a member of Senate or House of Representatives. “EQUAL TO ALL” 6. Roman Codes - Roman law began with the Twelve Tables which were written in the middle of the sixth century BC. It was written in tables of bronze and it became the foundation of all laws in Rome PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 6.1 Justinian Code – 6th C A.D., Emperor Justinian of Rome wrote his code of law. This was 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. 6.2 The Twelve Tables (XII Tabulae), (451-450 BC) – represented the earliest codification of Roman law incorporated into the Justinian Code. It is the foundation of all public and private law of Romans until the time of Justinian. It is also a collection of legal principles engraved on metal tablets and set up on the forum. 7. French Code - This code introduced the concept of restitution. An offender had to pay the specified value in order not to undergo physical sufferings as penalty. 7.1 The Burgundian Code (500 A.D.) The code which specified punishment according to the social class of offenders, diving them into: nobles, middle class and lower class and specifying the value of the life of each person according to social status 8. Germanic Code 8.1 The Lex Salica - The law on lex salica set on out the schedule in monetary compensation for wrong doings, called Botes. -Wergild or Wergeld is the value of monetary payment for human life, based on the status of the human life. 9. Common Law of England 9.2 Bloody Code - is a system of law and punishment existed in England in early 1688 to 1815. Although, it was not the formal name for the English laws, its name derived in the nature of punishment imposed to many crimes. Wherein the punishment for many crimes is death 10. Secular Laws (4th A.D) – Secular Laws were advocated by Christian philosophers who recognizes the need for justice. Some of the proponents these laws were St. Augustine and St. Thomas Aquinas. During this period, three laws were distinguished: 1. External Law (Lex External) 2. Natural Law (Lex Naturalis) 3. Human Law (Lex Humana) Note: All these laws are intended for the common good, but the human only become valid if it does not conflict with the other two laws. The Early Prisons 1. Mamertine Prison – the only early Roman place of confinement, which is built under the main sewer of Rome in 64 B.C. 2. Château d'If (pronounced as shat-o-deef) -1524 – fortress that was built on the rocky islet of If, 2 miles off the French port of Marseilles. In 1580 it was taken into use as a state prison for those convicted of serious political and religious crimes. 3. The most popular workhouse was the BRIDEWELL WORKHOUSE (1557) in London which was built for the employment and housing of English prisoners. 4. Walnut Street Jail (1790)- Philadelphia, Pennsylvania named after the street on which it was located. This was constructed into a state prison and became-“the First American Penitentiary Prison.” 5. Alcatraz (The Rock) - 1850 – the prison is located on an island in San Francisco Bay. It was built for the military in the 1850's and used by them, as a fort and a prison until 1933 when it passed to the Department of Justice and became a civil prison until it was closed in1963. 6. Devil's Island (Îsle du Diable) – 1852 - the most notorious prison in the world in terms of the harshness of its regime and position. The island is situated in the Atlantic off the coast of French Guiana (N.E. coastline of S. America) and was in use from 1852 to 1946. 7. Sachsenhausen prison – Built in 1939 outside the Berlin proper as Germany’s concentration camps for dreaded Nazi’s GG elite force. It became famous because of its Gas Chamber were estimated 100,000 of people was executed mostly are Jew’s. 8. Auschwitz prison – Built by Germans near Cracow, Poland, it was popularity known as DEATH CAMPS headed by RUDOLF HOESS. Were more than 2 million innocent victims was perished either by torture, mayhem or gas chamber. 9. Toul sleng prison – One of the most notorious prison in Cambodia that even humbled killing field in Battambang Province. It looks like mountain –size file of human skull and bones when King Polpot reign in Cambodia. PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 The Two Rival Prison in the History of Correction A. The Auburn Prison System – the prison system called 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. B. The Pennsylvania Prison System – the prisons system called “Solitary System”. - Prisoners are confined in single cells day and night where they lived, they slept, and they ate and receive religious instructions. Complete Silence was also enforced. They are required to read the Bible. The Early Forms of Prison Discipline 1. Hard Labor - productive works 2. Deprivation – deprivation of everything except the bare essentials of existence 3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to perform drab or boring daily routine. 4. Uniformity – “we treat the prisoners alike”. “ the fault of one is the fault of all”. 5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing. 6. Degradation – uttering insulting words or languages on the part of prison staff to the prisoners to degrade or break the confidence of prisoners. 7. Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a delinquent inmate. 8. Isolation or Solitary Confinement – non-communication, limited news, “the lone wolf”. NOTE: BJMP- 1-7 days BUCOR- 1 month to 2 months UN Rules- 22 hours to 15 days Pioneers of Correctional Reform 1. William of Penn (1614-1718) - William Penn fought for religious freedom and individual rights. He is the first leader to prescribe imprisonment as the correctional treatment to major offenders. He is also responsible for the abolition of death penalty and torture as a form of punishment. 2. Charles Montesquieu (Charles Louis Secondat, Baron de la Brede et de Montesiquieu (1689- 1755) - Charles Montesquieu was 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 was the most versatile of all philosophers during this period. He believes that fear of shame was a deterrent to crime. He fought the legality-sanctioned practice of torture. 4. Cesare Bonesa, Marchese de Beccaria (1738-1794) ­ He wrote an easy entitles “An Essay on Crimes and Punishment”, the most exiting essay on law during this century. It presented the humanistic goal of law. 5. Jeremy Bentham (1748-1832) - He is 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. - Bentham was the one who devise the ultimate PANOPTICAN PRISON – a prison that consists of a large circular building containing multi cells around the periphery. (it was never built) 6. John Howard (1726-1790) - He was sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform. (Considered as the Father of Prison Reform). After his findings on English Prisons, he recommended the following: 1. Single cells for sleeping segregation of women, 2. Segregation of youth, 3. Provision of sanitation facilities, 4. Abolition of fee system by which jailers obtained money form prisoners The Reformatory Movement 1. Domer of France (Domet) – established an agricultural colony for male juveniles. The boys were confined in cottages with an appointed house fathers to supervise them. It focused on education rather than imposition of punitive punishment 2. Alexander Macanochie – considered father of modern penology. He was assigned as superintendent of the English Penal Colony located at Norfolk in Australia. He advocated humane treatment for convicts as opposed to corporal punishment and introduced the ‘Mark system’. 2.1 Mark system – a 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 a ticket for leave or PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 conditional release which is similar to parole. Reward for good behavior was created every after accumulating the required number a ticket to leave was issued to deserving convicts. 3. Sir Walter Crofton – Chairman/ Director of Irish prisons, he introduced the progressive stage system also known as The Irish System, which was implemented in four distinct stages aimed to lessen the period of imprisonment of convicts. 3.1 The Irish System (4) distinct stages: a. Solitary confinement of prisoners for nine months receiving reduced diet and monotonous work; b. Assignment to public works in association with other convicts; c. Sending to a place which was a sort of preparation of release where the prisoners worked without custodial; d. Release of the prisoners on supervision under the conditions equivalent to parole 4. Zebulon Reed Brockway –sometimes referred as the “father of prison reform” in the United States of America. He was the superintendent of the Elmira Reformatory in New York. He introduced a system of grades for prisoners. 7.1 The Elmira Reformatory is considered the forerunner of the modern penology because it has all the elements of a modern correctional system 5. 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. 6. Sir Evelyn Ruggies Brise – The director of the English Prison who opened the Borstal institution for young offenders. The Borstal Institution is considered as the best reform institution for young offenders today. 7. Kenneth Pray – former clean of the University Of Pennsylvania School Of Social Work who maintained that social workers could feel at home and provide an important service in the authoritarian setting of the prison. 8. Dr. Ralph Brancale – head of New Jersey State Diagnostic Clinic who spoke on the importance of the role of psychiatry in the prison. 9. Price Chenault – Director of Education for New York State Prisons mentioned the contributing force to a complete prison rehabilitation. CHAPTER 2: PUNISHMENT/PENALTY Punishment – is the redress that the state takes against an offending member of society that usually involves pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing. It is a means of social control. It is a device to cause people to become cohesive and to induce conformity. Justifications of Punishments: 1. Retribution (Vengeance/Retaliation) – this was the primitive form of inflicting punishment by the way of personal vengeance. The punishment should be provided by the state whose sanction is violated, to afford the society or the individual the opportunity of imposing upon the offender suitable punishment as might be enforced. Offenders should be punished because they deserve it. 2. Atonement or Expiation – the penalty is commensurate with the gravity of offense based on the norms observed by the society. This theory or justification of punishment was also advocated during the prehistoric days. As population increased. The social group become more complex. A sort of common understanding and sympathetic feeling develop in the group. An offense committed by a member against another member of the same clan or group aroused the condemnation of the whole group against the offending member. The group would therefore demand that the offender be punished. When punishment is exacted visibly or publicly for the purpose of appeasing the social group, the element of expiation is present. Expiation therefore is group vengeance as distinguished from retribution which is personal vengeance. 3. Deterrence or Exemplarity– it is based on the belief that the offender when punished and inflicted with suffering would learn the lessons the hard way. Punishment gives lesson to the offender by showing to others what would happen to them if they violate the law. Punishment is imposed to warm potential offenders that they cannot afford to do what the offender has done. 4. Protection or Social Defense– served as a social defense wherein the society would gain protection by putting criminals behind bars. 5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility of the offender. Society’s interest can be better served by helping the prisoner to become law abiding PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 citizen and productive upon his return to the community by requiring him to undergo intensive program of rehabilitation in prison. 5.1 Reformation – it is resorted to by imposition of punishment. Means amending or improving by changing inmate's behavior or removing his or her faults or abuse and removing or correcting an abuse a wrong or error 5.2 Rehabilitation- a program of activity directed to restore an inmate’s self-respect and sense of responsibility to the community, thereby making him/her a law-abiding citizen after serving his/her sentence. Theories Justifying Imposition of Punishment 1. Prevention Theory – the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender. 2. Self-defense Theory – the state has the right to punish the criminal as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal. 3. Reformation Theory – the object of punishment to correct and reform the offenders. 4. Exemplary Theory – the criminal is punished is to serve as an example to deter others from committing crimes. 5. Justice Theory - the crime must be punished by the state as an act of retributive justice a vindication of absolute right and moral law violated by the criminal. Constitutional Provisions for the Imposition of Punishment Article III, Section 1of the 1987 Philippine Constitution is the main provision in prescribing limitation for punishment. “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws” RA 9346 – An Act Prohibiting the Imposition of Death Penalty in the Philippines enacted on June 24, 2006 Exemptions from Punishment Not everyone found violated penal laws will be subjected to punishment. Under Article 12 of the Revised Penal Code as amended, the following are exempt from criminal liability: 1. An imbecile or an insane person, unless the latter has acted during a lucid interval. 2. A person under nine years of age. 3. A person over nine years of age and under fifteen, unless he has acted with discernment. 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 5. Any person who acts under the compulsion of irresistible force. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. Penalty - Penalty is defined as the suffering inflicted by the state against an offending member for transgression of law. Juridical Conditions of Penalty 1. Productive of suffering - Without however affecting the integrity of the human personality. 2. Commensurate with the offense - Different crimes must be punished with different penalties (Art. 25, RPC). 3. Personal - The guilty one must be the one to be punished, no proxy. 4. Legal - The consequence must be in accordance with law. 5. Equal - Equal to all person 6. Certain - No one must escape its effects 7. Correction - Changes the attitude of offenders and become a law-abiding citizen Classification of Penalties (Chapter 2, Art. 25 of the RPC) 1. Death Penalty – Capital Punishment 2. Reclusion Perpetua – life imprisonment, a term of 20-40 years imprisonment 3. Reclusion Temporal – 12 years and 1 day to 20 years imprisonment PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 4. Prision Mayor – 6 years and 1 day to 6 years 5. Prision Correccional – 6 months and 1 day to 6 years 6. Arresto Mayor – 1 month and 1 day to 6 months 7. Arresto Menor – 1 day to 30 days 8. Bond to keep the Peace – discretionary on the part of the court Schools of Thought in Corrections 1. Classical School -This School laws stressed on the crime and not on the person or criminal offenders. In this approached punishment which is retributive, is standardized and proportioned to the gravity and nature offense. It assumes that every individual has free will and knows the Penal Laws. That the individual calculates pleasures and pains in advance of action and regulates his conducts by the results of hid calculations. 2. Neo-Classical School -This approached of penology assessed at the time of French Revolution. It maintained that while the classical School Doctrine in general is connect. It should be modified in certain details. It argues that since children and lunatic cannot calculate pleasure and pain they should not be prepared as criminals and as such that they should not be punished. 3. Positivist School -This school views as “crime as social phenomenon” and attaches importance to criminal offenders to this effect. A criminal is like a sick man who needs not to be punished but treated in a hospital so that his illness which has something to do with the commission of crime may be cured Historical Background of Punishment Punishment is the redress that the state takes against an offending member of society that usually involves pain and suffering. It is also the penalty imposed on an offender of a crime or wrongdoing. Punishment during Middle Ages - A number of punishment were utilized for criminals in medieval Europe. The most widely used of these means of punishment were flogging, branding, torture, servitude, galley slave, the gallows or other forms of execution, but the most popular is the blood feuds in the concept of retaliation to the offended party. Forms of Punishment: Ancient to Contemporary A. Ancient Form of Punishment 1. Capital Punishment (Death Penalty) – affected by burning at steak, beheading, hanging, garroting, breaking at the wheels, pillory and other forms of medieval executions. 1.1 Stoning to death – punishment inflicted by Greek Justice which is also practice of the Israelites in Jesus time. 1.2 Breaking on the wheel –the offended party is fastened by metal bands to a board made of wood and then had their bones systematically broken. 1.3 Burning Alive – like breaking on a wheel, burning alive was once practiced by Romans. 1.4 Ordeal - In the Middle Ages, this spiritual and religious basis for punishment was joined to the political and social organization. Some methods by which God could indicate who was innocent and who was guilty. This is based on the “divine intervention philosophy” 1.5 Guillotine – is an apparatus designed for efficiently carrying out executions by beheading. 1.6 Electric Chair – is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes places on the head and leg. This execution method has been used in the United States and in the Philippines its first use in 1924 to 1976. 1.7 Firing Squad – execution by firing squad or sometimes called fulsillading (from French term fusil, rifle), is a method of capital punishment, particularly common in the military and in times of war. 1.8 Garrotte – an iron collar attached upon the offender seated in an improvised chair with both hands and feet tied and necks clamped by the iron collar. The iron collar is slowly being tightened manually until the offender dies by strangulation of the neck. PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 2. Corporal Punishment (Physical torture)- affected by maiming, mutilation, whipping and other inhumane or barbaric forms of inflicting pain. 2.1 Mutilation – exist as the more common forms of punishment. Mutilation was tied to the crime committed. 2.2 Flogging (whipping) – it has been the most common physical punishment through the ages. The construction of flogging whips from simple leather straps or willow branches to heavy, complicated instruments designed to inflict a maximum of pain. 2.3 Branding – human branding or stigmatizing it is a form of corporal punishment consist of burning of the skin of a living person through a burning metal usually a symbol or ornament stamp or mark to the offenders skin. 3. Social Degradation (Public humiliation) – putting the offender into shame or humiliation. 3.1 Stocks - held a prisoner in sitting position with feet and heads locked in frame. 3.2 Pillory – a prisoner in standing position with the head and hands locked in place. While confined in place, prisoners were frequently petted with egg and rotten fruit. 4. Banishment or Exile – the sending or putting away of an offender which was carried out either by prohibition against coming into a specified territory such as an island to where the offender has been removed. 4.1. Transportation and Slavery- is the other similar forms of punishment like transportation and slavery. B. Contemporary Forms of Punishment 1. Imprisonment – putting the offender in prison for the purpose of protecting the public against criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo institutional treatment programs. 2. Parole – A conditional release of a prisoner after serving part of his or her sentenced in prison for the purpose of gradually re-introducing him/her to free life under the guidance and supervision of a parole officer. 3. Probation - A disposition whereby a defendant after conviction of an offense, the penalty of which does not exceed six years of imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision of a probation officer. 4. Fine – An amount given as compensation for a criminal act. 5. Destierro – The penalty of banishing a person from the place where he committed a crime prohibiting him to get near or enter the 25-kilometre perimeter where the victim is residing. 6. Conditional pardon – it is an executive clemency to be exercised by the president. It is a mercy given but with conditions upon the release of the grantee. CHAPTER 3: AN OVERVIEW OF THE PHILIPPINE CORRECTIONAL SYSTEM Development of Criminal Law in the Philippines Early Codes (Philippine Setting) The Philippines is one of the many countries that came under the influence of the Roman Law. History has shown that the Roman Empire reached its greatest extent to most of continental Europe such as Spain, Portugal, French and all of Central Europe. Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889, the “Conquistadores” and the “Kodigo Penal” (The Revised Penal Code today, 1930) was introduced by the Spaniards promulgated by the King of Spain. Basically, these laws adopted the Roman Law principles (Coquia, Principles of Roman Law, 1996). Mostly tribal traditions, customs and practices influenced laws during the Pre-Spanish Philippines. There were also laws that were written which include: 1. Pre-Spanish Era 1.1 The Maragtas Code (by Datu Sumakwel) - it was allegedly written and compiled by Datu Sumakwel in 1250, among the provisions in the code were those dealing with laziness, robbery and child bearing. Thieves and robbers were punished by mutilating off their fingers and the poor were prohibited to bear a child more than 2. 1.2 The Code of Kalantiao (promulgated in 1433) – the code was written in 1433 by Datu Kalantiao of Panay. The unwritten laws consisted of customs and traditions, which was passed down by generations to generations. Among the provisions are punishments given to those who have caught having sexual relations with a married woman and those who offend religious objects. Note: The code of Kalantiao is now believed by many historians to have been a hoax and that it had actually been written in 1913 by Jose E. Marco as a part of his historical fiction PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 Las antiguas leyendas de la Isla de Negros (English: The Ancient Legends of the Island of Negros), which he attributed to a priest named Jose Marco. In 1990, Philippine historian Teodoro Agoncillo described the code as "a disputed document. Despite doubts on its authenticity, some history texts continue to present it as historical fact. 2. Spanish Era 2.1 Spanish Codigo Penal – the code was made when the Spaniards colonized the Philippines by a royal decree of 1870 made the Codigo Penal. It was made effective in the Philippines on July 14, 1887. 2.2 Rafael del Pan – he drafted the prison code after the Spanish Codigo Penal. He formulated and translated penal provisions making it simple and more understandable to Filipinos. 3. American Occupation 3.1 The Revised Penal Code (RPC) - The code was created by the virtue of administrative order no. 94 of the DOJ, dated October 18, 1927 to revise the Old Penal Code, taking into the consideration the existing conditions, the special laws and the rulings of the SC. The code also adopted the code of Rafael Del Pan in terms of Prison laws no longer adopting the Codigo Penal Code. Act No. 3815, otherwise known as the “Revise Penal Code” was enacted by the legislatures on December 8, 1930 and took effect on January 1, 1932 based mainly on the Spanish Codigo Penal. The Philippine Penal Law recognizes two modes of punishment by which a criminal can be effectually prevented from committing a second similar offense. “One is imprisonment and the other is death through electrocution”. The purpose of the laws was to prevent a repetition of the offense by the criminal, and to deter others similarly inclined and attributing the Retributive and Punitive aspects of Correction. History of the Philippine Correctional System The establishment of prisons in the Philippines was formally started during the Spanish regime when Spanish penal laws contained in royal decrees, ordinances, rules and regulations were extended to the country. a. During the Pre-Spanish period, period system was tribal in nature. Village chieftains administered it. It was historically traced from the early writer laws. b. 1847- the Old Bilibid Prison has been operational, main insular penitentiary was constructed and formally opened by a Royal Decree in 1865. Carcel y Presidio Correctional was formed erected at Mayhaligue St., in Sta. Cruz, Manila now the present site of Manila City Jail. Insular prisoners were subjected to all forms of punishment and many prisoners died after few months of detention. c. 1936- city of Manila exchanges its Muntinlupa property with the Bureau of Prisons originally intended as a site for boy’s training school. d. Today, the old Bilibid Prison is now being used as the Manila City Jail, famous as the “Mayhaligue Estate” e. The Reorganization Act of 1905 created the Bureau of Prisons under the Department of Commerce and Police, then transferred to the Department of Public Instruction and finally placed under the Department of Justice. The three (3) prisons and penal colonies, Old Bilibid, San Ramon, and Iwahig were placed under the Bureau of Prisons jurisdiction including the Corregidor Stockade and the Bontoc Prison, which was later, phased out of use. f. 1941 –prisoners from the Old Bilibid Prison was transferred to its present site in Muntinlupa and renamed the New Bilibid Prison which was later became the main Insular Prison. Methods of Death Penalty Executed in the Philippines 1. Garrote- an iron collar is attached upon a scaffold. This became popular when three priest GOMBURZA were executed in 1872 by the Spanish Colonial rulers for exposing the venalities of the church. This method of execution was abolished in the Philippines by virtue of Act No. 451. 2. Firing Squad- our national hero Dr. Jose Rizal and Drug lord Lim Seng met their death by firing squad. 3. Beheading or Decapitation- Instead of using an axe, the method employed was by the use of sword and the practice is widespread in China and Muslim countries. 4. Hanging- mostly the execution is conducted at dawn. The executioner will place a cloth over his head. Steel weights are strapped to the legs of the death convict to ensure that he will die PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 quickly. Then the rope will be placed around the neck of the convict, and finally, the platform will be removed. 5. Electric Chair- the Muntinlupa electric chair has claimed more than 70 offenders convicted of capital offenses since its installation four decades ago. The convict is seated on the chair made of electric conducting materials with strap of electrodes on the wrist, ankle, and head. Upon orders, the levers will be pulled up and the fatal volts of alternating current pass the body until the convict dies. If ever the convict is still alive, the lever shall be pulled again until he is pronounced dead. 6 Lethal injection- developed in 1924 by anaesthesiologist in Nevada. NOTE: Components of the chemical: Sodium Thiopental- non-lethal dose. Sleep inducing barbiturate commonly used in surgery to put patients to sleep. Pancuronium Bromide- a drug capable of paralyzing the muscles. Potassium Chloride- capable of stopping the heartbeat within seconds. This is commonly used in heart by-pass operations. Non-Operational National Prisons a. Fort Bonifacio Prison: A committee report submitted to then President Carlos P. Garcia described Fort Bonifacio, formerly known as Fort William McKinley, as a military reservation located in Makati, which was established after the Americans came to the Philippines. The prison was originally used as a detention center for offenders of US military laws and ordinances. After the liberation of the Philippines, the reservation was transferred to the Philippine government, which instructed the Bureau of Prisons to use the facility for the confinement of maximum-security prisoners. For several years, incorrigibles were mixed with political prisoners (those convicted of rebellion) at the Fort Bonifacio facility until June 30, 1968, when it was converted into a prison exclusively for political offenders. After a bloody April 1969 riot at the Muntinlupa facility, however, incorrigible prisoners from Muntinlupa were transferred to Fort Bonifacio. During the administration of President Diosdado Macapagal, the Fort was renamed Fort Andres Bonifacio. The correctional facility was also renamed Fort Bonifacio Prison. The one-story building now stands on a one-hectare area. The Fort Bonifacio Prison continued to be a satellite prison of the national penitentiary even after Martial Law was lifted. It was only in the late 1980's that the facility was vacated by the Bureau of Prisons. b. Corregidor Prison Stockade: In 1908 during the American regime, some 100 prisoners were transferred from the Old Bilibid Prison to Corregidor Island to work under military authorities. This move was in accordance with an order from the Department of Instructions, which approved the transfer of inmates so they could assist in maintenance and other operations in the stockade. The inmates were transported not to serve time but for prison labor. Until the outbreak of the Second World War, inmates from Old Bilibid Prison were regularly sent to Corregidor for labor purposes. When the War broke out, prisoners on Corregidor were returned to Bilibid Prison. The island prison was never reopened. c. Bontoc Prison: The Philippine Legislature during the American regime passed Act No. 1876 providing for the establishment of a prison in Bontoc in Mountain Province. The prison was built for the prisoners of the province and insular prisoners who were members of the non-Christian tribes of Mountain Province and Nueva Viscaya. Bontoc Prison could be reached only through narrow, poorly developed mountain roads. Due to the enormous expenses incurred in transporting personnel, equipment and supplies to the prison, the facility. (Source: http://www.bucor.gov.ph/history CHAPTER 4: THE PHILIPPINE PRISON SYSTEM Department of Justice (DOJ) Under the (DOJ) Department of Justice, the offices that are tasked to carry out the mission of correction rest with the Bureau of Corrections (BUCOR), the Board of Pardons and Parole (BPP)and the Parole and Probations Administration (PPA). The history of prisons and jails in the Philippines PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 The Bureau of Prisons was created by virtue of Reorganization Act No 1407 on November 1, 1905 and was renamed Bureau of Corrections under Executive Order 292 passed during the Aquino Administration. It states that the head of the Bureau of Corrections is the Director of Prisons who is appointed by the President of the Philippines with the confirmation of the Commission of Appointments. In 1991, the creation of RA 6975 took over the administration of local jails through Bureau of Jail Management and Penology. Bureau of Corrections The prison became known as “Carcel Y Presidio Correccional”. The Bureau of Corrections has general supervision and control of all national prisons or penitentiaries. It is charged with the safekeeping of all Insular Prisoners confined therein or committed to the custody of the Bureau. Classification of Prisoners (BJMP Manual, 2015 Section 16-19, p9-10) Two general categories of inmate are: 1. Prisoner – inmate who is convicted by final judgment; and 2. Detainee - inmate who is undergoing investigation/trial or awaiting final judgment Republic Act No. 10575 – The Bureau of Corrections Act of 2013 Approved into law by the President on May 24, 2013 Purposes of RA No. 10575: 1. To promote the general welfare and safeguard the basic rights of every prisoner incarcerated in national penitentiary. 2. Recognizes the responsibility of the State to strengthen government capability aimed towards the institutionalization of highly efficient and competent correctional services. 3. To provide for the modernization, professionalization and restructuring of the Bureau of Corrections (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, making it at par with that of the Bureau of Jail Management and Penology (BJMP). The Mandates of Bureau of Corrections The BuCor shall be in charge of safekeeping and instituting reformation programs to national inmates sentenced to more than three (3) years. Safekeeping of National Inmates When Judgment of Conviction in Criminal Case becomes Final After the lapse of the period for perfecting an appeal which is fifteen (15) days; When the sentence has been partially or totally satisfied or served; When the accused expressly waives in writing his right to appeal; When the accused applies for probation. 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 Program; 2. Education and Training Program; 3. Work and Livelihood Program; 4. Sports and Recreation Program; 5. Health and Welfare Program; and 6. Behavior Modification Program, to include Therapeutic Community. 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. The Increase of Personnel – inmate ratio and manpower The BuCor shall maintain the custodial personnel-to-inmate ratio of 1:7 and reformation personnel-to-inmate ratio of 1:24. Hence, it is PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 authorized to increase its manpower to meet such ratio and may continue to increase personnel per percentage rate increase of committed inmates annually or as the need arises. Penal Institutions under BUCOR 1. San Ramon Penal Colony – Zamboanga City, was constructed in 1869 to house political offenders; this facility was named after Captain Ramon Blanco who disregarded the old practice of having political prisoners shot; Land Area: 1, 526 hectares Principal Product: Copra, Rice, Coffee, etc 2. Iwahig Prison and Penal Farm – “Iwahig Penal Colony”, Puerto Princesa City, Palawan; established to house incorrigibles; this institution has no walls and considered open institution; Under the Reorganization Act 1407, the policy was changed, instead of putting hardened criminals, well behaved and obedient inmates were sent to the colony. Sub-colonies: Santa Lucia, Inagawan, Montible and Central. Land Area: 36,000-41,007 hectares Principal Products: Rice, Corn, Copra 3. Correctional Institution for Women – Mandaluyong, Metro Manila; 1929 the only female institution in the Philippines. Since 1934, a female Superintendent was assigned to supervise the prison facility. Vocational activities: dress making, beauty culture, handicrafts. 4. Davao Prison and Penal Farms – Davao; “Davao Penal Colony”; founded by Gen. Paulino Santos; was established on January 21, 1932; divided into two sub-colonies: Panabo, Kapalong, Tanglaw (homesteader); houses the largest Abaca Plantation in the Philippines and it is the largest income earner for the Bureau of Corrections. Land Area: 30,000 5. New Bilibid Prison – Muntinlupa City; 552 hectares, was constructed in 1936 a. Camp Sampaguita- houses medium security risk prisoners b. Camp Bukang Liwayway- houses minimum risk security prisoners This is where the Bureau of Correction main is located. Land Area: 1,546 hectares Principal Product: Copra, Rice, Coffee, etc. 6. Sablayan Prison and Penal Farm – Sablayan Occidental Mindoro; 16, 000 hectare; an open type institution which has rice for its principal product and grows vegetable crops for their consumption; September 27, 1954. Principal Product: Rice 7. Leyte Regional Prison – Abuyog, Leyte; was established on January 16, 1973; established under Proclamation No 1101, has an inmate capacity of 500; admits convicted offenders from Region VI and from the national penitentiary in Muntinlupa Land Area: 16, 408.5 hectares Principal Product: Rice Prison - A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major/ serious crimes. A building, usually with cells, or other places established for the purpose of taking safe custody or confinement of criminals. A place of confinement for those for those charged with or convicted of offenses against the laws of the land. - From Graco-Roman word “presidio”. “Pre” means inside. It is synonymous to cave, fence, or dungeon. Prisoner: - A prisoner is a person who is under the custody of lawful authority. A person, who has criminal sentence or by a decision issued by a court, may be deprived of his liberty or freedom. A prisoner is any person detained/confined in jail or prison for the commission of a criminal offense or convicted and serving in a penal institution. A person committed to jail or prison by a competent authority for any of the following reasons: To serve a sentence after conviction – Trial – Investigation PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 Person Deprived of Liberty (PDL) – refers to a detainee, inmate, or prisoner, or other person under confinement or custody in any other manner. However, in order to prevent labeling, branding or shaming by the use of these or other derogatory words, the term “prisoner” has been replaced by this new and neutral phrase “person deprived of liberty” under Article 10, of International Covenant on Civil and Political Rights (ICCPR), who “shall be treated with humanity and with respect for the inherent dignity of the human person.” General Classification of Prisoners a. Detention prisoners – those detained for investigation, preliminary hearing, or awaiting trial. A detainee in a lock up jail. They are prisoners under the jurisdiction of Courts. b. Sentenced prisoners – offenders who are committed to the jail or prison in order to serve their sentence after final conviction by a competent court. They are prisoners under the jurisdiction of penal institutions. c. Prisoners who are on Safekeeping – includes non-criminal offenders who are detained in order to protect the community against their harmful behavior. Ex. Mentally deranged individuals, insane person. Safekeeping - refers to the temporary custody of a person for his/her own protection from the community he or she comes from, and for the community he or she comes from. Classification of Sentenced Prisoners (PD 29)  National or Insular Prisoner – one who is sentenced to a prison term of 3 years and 1 day to life imprisonment.  Provincial Prisoner –one who is sentenced to a prison term of 6 months and 1 day to 3 years.  City Prisoner – one who is sentenced to a prison term of 1 day to 3 years.  Municipal Prisoner – one who is sentenced to a prison term of 1 day to 6 months. Note: The Classification enumerated above is based on the duration of imprisonment of the convicted person According to Degree of Security: A special group of prisoners composed of incorrigible, attractable, and highly dangerous persons who are the source of constant disturbances even in maximum-security prison. They rear orange color of uniform. 1. Maximum security group-this shall include high security risk or highly dangerous inmates as determined by the classification board who requires an extreme degree of supervision and control. also: a. Those sentenced to death: b. Those whose minimum sentence is twenty years of imprisonment c. Detainees or remand inmates whose sentence is 20 years and above and those sentences are under review by the Court of appeals or the Supreme Court; d. Those with pending cases; e. Escapees, recidivists and habitual delinquents; f. Those under safekeeping or disciplinary punishment; g. Those confine at the RDC; and h. Those who are diagnosed as criminally insane or with severe emotional ore personality disorders that makes them hazardous to fellow inmates or the prison staff. 2. Medium security group - Those whose minimum sentence is less than twenty years imprisonment and: a. Detainees or remand inmates whose sentence is below twenty years; b. Those who are eighteen years of age and below regardless of sentence and case; c. Those who have two or more records of escapes; and d. First time offenders sentenced to reclusion perpetua. PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 3. Minimum security group a. Those with a severe physical handicap as certified by the chief medical officer of the prison; b. Those who are sixty-five (65) years old and above without pending case and whose convictions are not on appeal; c. Those who have served ½ of their minimum sentence or 1/3 of their maximum sentence, including good conduct time allowances; and d. Those who have only six months more to serve before the expiration of their maximum sentence. Minimum Qualifications- No person shall be appointed as personnel of the BuCor unless one possesses the following minimum qualifications: 1) A citizen of the Republic of the Philippines; 2) A person of good moral character; 3) Must have passed the psychiatric/psychological, drug and physical test for the purpose of determining his/her physical and mental health; 4) Must possess a baccalaureate degree from a recognized learning institution; 5) Must possess the appropriate civil service eligibility; 6) Must not have been dishonorably discharged or dismissed for cause from previous employment; 7) Must not have been convicted by final judgment of an offense or crime involving moral turpitude; and 8) Must be at least one meter and sixty-two centimeters (1.62) m. in height for male, and one meter and fifty-seven centimeters (1.57) m. for female Note: Waiver for height and age requirement/s may be granted to applicants belonging to the cultural communities: Note: New applicant must not be less than twenty-one (21) or not more than forty (40) years of age Custodial & Technical Rank Table with Corresponding Rank Equivalent in the BJMP CHAPTER 5: THE PHILIPPINE JAIL SYSTEM Penal Institution under DILG Under the DILG are the Bureau of Jail Management and Penology (BJMP)and the Provincial Local Government Unit, The BJMP takes charge of District, City and Municipal Jail nationwide while the Provincial Jails are operated by the Provincial Local Government Units. LEGAL BASIS, BJMP - also known as the Jail Bureau created as a distinct and separate line Bureau by virtue of RA 6975 otherwise known as the Department of Interior and Local Government Act of 1990 which approved by then President Corazon C. Aquino on December 13, PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 1990 with the aim of promoting, developing, professionalizing and improving supervision of District, City and Municipal Jails nationwide. Bureau of Jail Management and Penology - Created by R.A. 6975 “Department of the Interior and Local Government Act of 1990” - Passage of R.A. 9263 “Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004” amended some provisions of R.A. 6975 - Has control and supervision over the city and municipal jails, provincial jails shall be under the supervision and control of the provincial government. Mandates: a. Safekeeping b. Development of inmates (rehabilitation rather than retribution and punishment) Jail Are institutions for the confinement of persons who are awaiting final disposition of their criminal cases and also the service of those convicted and punished with shorter sentences, usually up to three (3) years. Types of Jail 1. Lock-up Jails – is a security facility, common to police stations, used for temporary confinement of an individual held for investigation. 2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender to serve sentence less than three years. 3. Workhouses, Jail Farms or Camp – a facility that houses minimum custody offenders who are serving short sentences or those who are undergoing constructive work programs. It provides full employment of prisoners, remedial services and constructive leisure time activities Classification of Detainees: 1. Undergoing investigation 2. Awaiting or undergoing trial 3. Awaiting judgment Inmates Security Classification (Sec19, BJMP Manual) -The following are the classifications of inmates according to security risk each may pose: a. High Profile Inmate - those who require increased security based on intense media coverage or public concern as a result of their offense such as but not limited to those who have been involved in a highly controversial or sensationalized crime or those who became prominent for being a politician, government official, multi-million entrepreneurs, religious or cause-oriented group leader and movie or television personality. b. High Risk Inmate - those who are considered highly dangerous and who require a greater degree of security, control and supervision because of their deemed capability of escape, of being rescued, and their ability to launch or spearhead acts of violence inside the jail. This includes those charged with heinous crimes such as murder, kidnapping for ransom, economic sabotage, syndicated or organized crimes, etc. Also included are inmates with military or police trainings or those whose life is in danger or under imminent threat. c. High Value Target (HVT) - a target, either a resource or a person, who may either be an enemy combatant, high ranking official or a civilian in danger of capture or death, typically in possession of critical intelligence, data, or authority marked as an objective for a mission and which a commander requires for the successful completion of the same. d. Security Threat Group - any formal or informal ongoing inmates’ group, gang, organization or association consisting of three or more members falling into one of the following basic categories: street gangs, prison gangs, outlaw gangs, traditional organized crime, aboriginal gangs, subversive groups and terrorist organizations. e. Subversive Group - a group of persons that adopts or advocates subversive principles or policies tending to overthrow or undermine an established government. f. Terrorist Group - a group of persons that commits any of the following: piracy and mutiny in the high seas or in the Philippine waters, rebellion or insurrection, coup d’état, murder, kidnapping and serious illegal detention, crimes involving destruction, arson, hijacking, violation PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 of laws on toxic substances and hazardous and nuclear waste control, violations of atomic energy regulations, anti-piracy and anti-highway robbery, illegal and unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunitions or explosives. g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies are considered far outside the mainstream attitudes of the society or who violates common moral standards and who has adopted an increasingly extreme ideals and aspirations resorting to the employment of violence in the furtherance of his/her beliefs. h. Medium Risk Inmates -those who represent a moderate risk to the public and staff. These inmates still require greater security, control and supervision as they might escape from and might commit violence inside the jail. i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who have lesser tendencies to commit offenses and generally pose the least risk to public safety. In most cases, they may be first time offenders and are charged with light offenses. Organizational Structure of BJMP - Chief BJMP - Deputy Chief (Admin and Operation) - Directorates (Personnel, Operations, Logistics, Comptrollership, Research Plans and Programs, Inspect Ion and Investigation Unit) - Staff Group (Health Service Unit, Chaplain Service, Supplies and Accountable Unit, Finance Service Unit, Heating Unit) - Personnel Staff Group (Inspectorate Office, Community Relation Office, Legal Office and Internal Audit Office. On January 2,1991 the BJMP was formally established Rank Classification of the BJMP Rank Appointed by: Attested by: JO1 to SJOIV Regional Director for Jail Civil Service Commission Protection (CSC) JInsp to JSupt Chief, BJMP Recommended by their immediate superiors, and attested by the CSC JSrSupt Secretary of DILG Upon recommendation of the respective Chief of the Jail Bureau with the proper attestation of CSC JChief Supt to J Director President Recommendation of the Secretary of the DILG, with the proper endorsement by the Chairman of CSC Note: SEC. 5 (RA 9263). Appointment of Uniformed Personnel to the BJMP Organization of BJMP under RA 6975 The Jail Bureau shall be headed by a Chief who shall be assisted by a Deputy Chief. The Jail Bureau shall be composed of city and municipal jails, each headed by a city or municipal jail warden: Provided that in case of large cities municipalities, a district jail with subordinate jails headed by a District Jail Warden may be established as necessary. Organization and Key positions of the BJMP under RA 9263 The BJMP shall be headed by a Chief who shall be assisted by two (2) deputy chiefs, one (1) for administration and one (1) for operation, all of whom shall be appointed by the President upon the recommendation of the Secretary of DILG from among the qualified officers with at least the rank of senior jail superintendent. Notes: In no case shall any officer who has retired or to be retired with six (6) months from his/her compulsory retirement age be appointed as Chief of Jail Bureau. The chief of Jail Bureau shall serve a tour of duty not to exceed four (4) years. BJMP is under the Department of Interior and Local Government PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 SEC.4 RA 9263 Professionalization and Upgrading of Qualification Standards in the Appointment of Uniformed Personnel to the BFP and the BJMP: - A Citizen of the Republic of the Philippines; - A person of good moral Character; - Must have passed the psychiatric/psychological, drug and physical test for the purpose of determining his/her physical and mental health; - Must possess a baccalaureate degree from recognized institution of learning - Must possess the appropriate civil service eligibility; - Must not have been dishonourably discharged of dismissal for cause from previous employment; - Must not have been convicted by final judgment of an offense or crime involving moral turpitude; - Must be at least one meter and sixty-two centimetres (1.62 m.) in height for male, and one meter and fifty-seven centimetres (1.57m.) for female: Provided, that a waiver for height and age requirement/s shall be automatically granted to applicants belonging to the cultural communities; and - Must weight not more or less than five kilograms (5kgs) from the standard weight corresponding to his/her height, age and sex. General Principles of Jail Management 1. It is the obligation of jail authorities to confine inmates safely and provide rehabilitative programs that will negate criminal tendencies, and restore their positive values to make them productive and law-abiding citizen. 2. No procedure or system of correction shall deprive any Inmate of hope for his ultimate return to the fold of the law and full membership in society. 3. Unless proved, otherwise, any person accused of a criminal offense shall be presumed innocent and his rights as a free citizen shall be respected, except for indispensable restraints during his confinement in the interest of justice and public safety. 4. Inmates are human beings entitled to the same basic rights and privileges enjoyed by citizens in a free society, except that the exercise of these rights are limited or controlled for security reasons. Note: Under the recent ruling of the COMELEC, detainees are allowed to exercise their rights to vote. 5. Health preservation and prompt treatment of illness or injury are basic rights of every person confined in jail. It is the duty of the jail authorities to arrange for their treatment subject to security measures. 6. Members of the custodian force shall set themselves as example by performing their duties in accordance with the rules and shall respect the laws duly constituted authorities. 7. No jail personnel shall use abusive, insulting, and indecent language on inmates. 8. No jail personnel shall use unnecessary force on inmates, except legitimate self-defense or in cases of attempted active passive physical resistance to lawful order. 9. No penalty shall be imposed upon any inmate for violation of rules/regulation unless in accordance with the duly approved disciplinary procedures. 10. Penalties to be imposed shall not be cruel, inhuman or degrading. No physical punishment shall be employed as a correctional measure. 11. Members of the custodial force must understand that inmates need treatment and counseling and the primary purpose of confinement is for safekeeping and rehabilitation. 12. When conducting routine custodial (in dormitory compound) guarding ratio of 1:7 or one (1) guard for every seven (7) inmates shall be observed. 13. When an inmate is in transit the ratio of 1:1+1 every inmate shall be observed. In case of high- risk inmate that demand extra precaution, additional guards shall be employed. This manning level shall be national in scope for effective jail administration in all regional, provincial, district, city and municipals jails. Jail Offices and Operating Unit OFFICE OF THE WARDEN - the warden is responsible for direction, coordination and control of the personnel, the inmates and the programs of the institution. PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 Under the Office of the warden are the following: 1. Intelligence and Investigation Team - collates and submits intelligence information to the warden on the matters pertaining to jail conditions. 2. Jail Inspectorate Section - inspect the jail facilities, the personnel and prisoners/ detainees and submits reports of deficiencies noted. 3. Public Relations Office - task with the maintenance of good public relations to obtain the necessary and adequate support of the public. OFFICE OF THE ASSISTANT WARDEN - he undertakes the development of a systematic process of the treatment for this individual inmate and determines the degree of custody for such individual in his capacity as chairman of the Classification Board. He is also automatically serve as chair of the Disciplinary Board. 1. Classification Board - is tasked with the gathering and collating of Information and other data of every prisoner into a case study to determine the work assignment, type of supervision and degree of custody and restriction under which an offender must live in jail. 2. Disciplinary Board - hearing disciplinary cases involving violation of jail and regulations by the inmates. ADMINISTRATIVE GROUP - charge of all administrative functions of the jail. 1. Personnel Management Branch - task for the assignment of personnel, procedures of selection, preparation of personnel reports and individual record files. 2. Records and Statistics Branch - Keep and maintain booking sheets and arrest reports, keep an orderly record of fingerprints and photographs, prepare and presents statistical data inmates. 3. Property and Supply Branch - take charge of the safekeeping of equipment and supplies and materials needed for the operation of the jail. 4. Budget and Finance Branch - take charge of all financial matter such as budgeting, financing, accounting and auditing. 5. Mess Services Branch - prepare the daily menu, prepares and cook the food and serve it to the inmates. 6. General Services Branch - maintain and repair of jail facilities and equipment. It is also task with cleanliness beautification of the jail compound. 7. Mittimus Computing Branch - receive court decisions and compute the date of the full completion of the service sentence of inmates. Note: MITTIMUS- is a warrant issued by a court bearing its seal and signature of the Judge, directing the jail or prison authorities to receive the convicted offender for service of sentence imposed therein. SECURITY GROUP - provides a system of sound custody, security and control of inmates and their movements and also responsible to enforce prison or jail discipline. 1. Escort/Subpoena Platoon Escort Section - produce inmates under proper guard, to Prosecutor's authority upon proper summons. Transfer the prisoner to penal institution on proper order of the court or authority. Subpoena Section - receives, distributes, and/or serve subpoenas, notices, orders summons and other court processes directed to inmates confined in jail. 2. Security Platoon - responsible for proper system of security and control procedures of inmates in confinement, and the searching of all personnel and visitors entering the jail compound to check and prevent the smuggling of contraband. Notes: Contraband was commonly described in the past as any material that might be used for an escape or used to take advantage of other inmates. Such items as matches, money, pornographic pictures, guns, drugs and tools are generally considered as contraband. Any item can be placed on the list of contraband if it is perceived as a threat to orderly operation of jail or prison. At present, contraband is described as any item found on the inmate or in his possession or in his dorm that is not specifically authorized by the rules. 3. Custodian Section - Conduct regular custodial functions over inmates PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 4. Admitting and Releasing Section - part the security platoon. It is tasked with receiving of person committed to the jail and the proper release of prisoners who have served prison sentence or are released on orders of competent courts or authority. Process of Admitting Person in Jail: 1. Booking 2. Property Receiving and Safekeeping 3. Identification 4. Briefing Jail Positions and Corresponding Ranks Rehabilitation Purposes Groups: -this group provides services and assistance to prisoners and their families to enable them to solve their individual needs and problems arising from the prisoners’ confinement. a. Medical and Health Services Branch - Provides medical and physical examinations of inmates upon confinement, treatment of sick inmates and conduct medical and physical examinations and provide medicines or recommends for the hospitalization of seriously ill prisoners or inmates. It also conducts psychiatric and psychological examinations. b. Work and Education Therapy Services - It takes charge of the job and educational programs needed for rehabilitation of inmates by providing them job incentives so they can earn and provide support for their families while in jail. c. Socio- Cultural Services - It takes care of the social case work study of the individual prisoners by making interviews, home visits, referral to community resources, free legal services, and liaison works for the inmates. d. Chaplaincy Services - It takes charge of the religious and moral upliftment of the inmates through religious services. This branch caters to all religious sects. e. Guidance and Counseling Services - Responsible for the individual and group counseling activities to help inmates solve their individual problems and to help them lead a wholesome and constructive life RECEPTION PROCEDURES: BJMP A decent and humane program of confinement starts. The following procedures should therefore be observed: A. Gater - Checks the credentials of the person bringing the inmate/the committing officer to determine his/her identity and authority. PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 - Reviews the completeness of the following documents before the person bringing an inmate/the committing officer is allowed to enter the facility. 1. Commitment Order; 2. Medical Certificate – recent medical certificate taken within 24 hours prior to admission; 3. Complaint/Information; 4. Police Booking Sheet; and 5. Certificate of Detention from PNP and/or NBI. Shall subject the person to be committed and his/her escorts for search and inspection as prescribed. Refers the person to be committed and his or her escorts to the Records Unit. B. Records Unit - This unit examines the completeness and authenticity of the requirements for Commitment 1. Commitment Order, 2. Booking Sheet, 3. Arrest Report and Information Refers the inmate for physical examination by the Health Unit. C. Health Unit: - Checks the authenticity of the entries in the medical certificate; - conducts thorough physical examination (determine true physical condition) - Asks searching questions to determine injury/injuries found to have been sustained by the inmate after the conduct of medical examination or those injuries not diagnosed prior to commitment in jail. - Inmate is required to undress while undergoing medical examination. Note: A female inmate shall be examined by female health personnel. A male inmate may be examined by either male or female health personnel; If no discrepancy is found during physical examination, the inmate shall be referred back to the Records Unit. D. Records Unit - Receives the inmate and the documents from the committing officer and conducts the following: 1. Start the booking procedures: a. Accomplish the jail booking sheet; b. Strip-search the inmate to check for any birth marks, tattoos, etc; c. Encode the inmate's information to the NIMS; d. Fingerprint and photograph the inmate with mug shot background; e. List the names of the visitors authorized by the inmate. 2. Apprise the inmate in a dialect that he/she understands of the provisions of Art 29 (period of preventive imprisonment) of the RPC which was further amended by R.A. 10592 3. Facilitate the signing of the Detainee’s Manifestation if he/she agrees to abide by the same disciplinary rules imposed upon convicted inmates. Otherwise, the warden issues a certification under oath manifesting that the inmate was apprised of the provision of Art 29 of the RPC as amended and refused to abide by the same; and 4. Store all documents in the Inmate’s Carpeta. E. Property Custodian 1. Checks the inmate’s belongings for presence of contraband. 2. takes all cash and other personal properties from the inmate, - lists them down on a receipt form with duplicate, - duly signed by him/her and countersigned by the inmate. - The original receipt should be given to the inmate and the duplicate be kept by the Property Custodian. 3. Keeps all cash and other valuables of the inmate in a safety vault. Said cash and valuables may be turned over to any person authorized by the inmate. 4. Refers the inmate to the desk officer. PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 F. Desk Officer - books the newly committed inmate in the jail blotter; assigns the inmate to a reception area 1. Orientation on jail rules and regulation 2. Risk assessment and classification, 3. Evaluation and conduct of further medical evaluation/screening by the Medical Officer. G. Assistant Warden or Officer of the Day ­ Orients the newly committed inmates on jail rules and regulations using the Inmate’s Orientation Sheet. H. Jail Warden - Coordinates with concerned agencies regarding the case of inmate for speedy disposition and to furnish them with copies of the available needed documents. - The jail warden shall see to it that all concerned agencies and persons will be informed of the commitment of the inmate in his/her jail by submitting a written report. ­ Through his/her paralegal officer, he/she shall ensure that the courts and prosecutors’ office are attending to the case of the inmate by constantly coordinating with them for the purpose of speeding up the disposition of the case. - For this purpose, the sharing of non-confidential information with the concerned agencies is encouraged. CLASSIFICATION- refers to assigning or to grouping of inmates according to their respective penalty, gender, age, nationality, health, criminal records, etc. CLASSIFICATION BOARD - Each jail shall maintain a classification board, if facilities and personnel are available, to be composed of the following: CHAIRPERSON Assistant Warden MEMBERS: Chief, Custodial/Security Office Medical Officer/Public Health Officer Jail Chaplain Inmates Welfare and Development Officer DISCIPLINARY BOARD- a disciplinary board shall be organized and maintained for the purpose of hearing disciplinary cases involving any inmate who violates jail rules and regulations. It shall be composed of the following: CHAIRPERSON Assistant Warden MEMBERS: Chief, Custodial/Security Office Medical Officer/Public Health Officer Member - Jail Chaplain Inmates Welfare and Development Officer Inmates’ Representative- if the above composition is not feasible because of personnel limitation, the warden shall perform the board’s functions and he shall act as the summary disciplinary officer PUNISHABLE ACTS: o Illegal sexual acts or encouraging the commissions of the same. o Openly displaying obscene or lewd photographs, pictures, drawing o Possession of articles which pose a threat to prison security or to the safety and well-being of the inmates and staff. o Giving gifts, selling or bartering with prison personnel; o Maligning or insulting any religious belief or group. o Rendering personal services to or requiring the same from fellow inmate; o Gambling; o Exchanging his uniform with another inmate or wearing another’s uniform; o Using profane, vulgar, or obscene language or making loud or unusual noise; o Loitering in the prison compound or reservation; o Giving gift or providing material or other assistance to fellow inmate or to the prison authorities or personnel; o Engaging in any private work for the benefit of a prison officer or employee; o Controlling the activities of others; PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 o Tattooing himself or allowing himself to be tattooed; o Disobeying legal orders of prison authorities promptly and courteously o Threatening verbally or in writing another o Possession of any cellular, pager or radio receiver, or any communication device; o Making frivolous or groundless complaints; and o Displaying behavior which might lead to disorder or violence or other which may endanger the facility or outside community. Limitations of Punishment imposed to Offenders The General rule is “Every violation of jail/prison discipline shall be dealt with accordingly. In extreme cases, where the violations necessitate immediate action, the warden or the Officer of the Day may administer the necessary restraints and reports the action taken to the Disciplinary Board”. Under section 3, par. D, Rule XIV of the BJMP Manual states the limitations of punishments imposed to offenders as: a. No female offender shall be subjected to any disciplinary punishment that may affect her unborn or nursing child. b. No handicapped offender shall be made to suffer a punishment that might affect his health or physical well-being. c. Corporal punishment, confinement in dark, ill-ventilated cells and any other form of cruel, unusual, inhumane or degrading punishment are absolutely prohibited. d. Whenever the penalty of extra-fatigue duty or solitary confinement imposed affect the health of the offender, medical examination shall be conducted to determine his physical fitness to serve his punishment. e. The jail physician shall visit the inmate undergoing punishment when necessary and shall advise the warden if he recommends the termination of the punishment on grounds of physical and mental health. Note: Instrument of restrain such as handcuffs, leg iron and straightjacket are not be applied as a form of punishment. They shall only be used as a precaution against escape or on the ground of medical precautions to prevent the offender from injuring himself or others. CHAPTER 6: DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT Welfareville Institution-Philippine Training School for Boys and for Girls; established on December 3,1924. The DSWD, on the other hand, operates Regional Rehabilitation Centers, which is located in ten sites nationwide The Regional Rehabilitation Centers for the Youth -These correctional facilities are maintained and operated by the Department of social Welfare and development (DSWD). There are nine (9) Regional Rehabilitation Center for Youth(RRCY) -Nationwide the National Training School for Boys (NTSB) which are the places of destination for youthful offenders from the nine years old to below eighteen (18) years old. The Public Attorney’s Office (PAO) RA 1199 – created the Agricultural Tenancy Commission, which was later, renamed as Tenancy Mediation Commission (TMC). RA 3844 – Otherwise known as the ``Agricultural Land Reform Code’’, TMC was further strengthened and renamed as the Office of the Agrarian Counsel (OTAC) Services and Special Project Offered 1. Representation of indigents in judicial and quasi-judicial cases. The following are considered indigent: Those residing in Metro Manila, whose family income does not exceed P14,000 a month. Those residing in other cities whose family income do not exceed P13000 a month; and 2.Rendition of non-judicial services like mediation, conciliation, counselling, administration of oaths and documentation services to meet the legal aid needs of indigent persons. 3.Conduct of legal outreach activities such as: PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 a. Custodial Interrogation and Inquest Investigation- Lawyers are assigned to specific major police precincts to provide suspects access to counsel if they do not have a lawyer of their own choice. b. Jail Visitation- Every District Public Attorney should ensure that jails within their jurisdiction are visited at least once a month, c. Barangay Outreach Program - The main thrust of this program is to provide a more accessible free legal representation to the poverty-stricken Filipinos residing in barangays nationwide. d. Media Linkage-information dissemination campaigns in coordination with the print and broadcast media for legal counseling on the air to improve the legal literacy of the citizenry. e. Kalahi Program-The PAO sends public Attorneys and staff to provide legal assistance in the depressed areas in Metro Manila and other places nationwide together with other departments/agencies of the government. CHAPTER 7: INSTITUTIONAL CUSTODY, SECURITY AND CONTROL A. The Classification Process - It refers to a method by which diagnosis, treatment, planning and execution program are coordinated in the individual case. Convicts committed to the BUCOR for confinement are brought for admission at the DRD in New Bilibid Reservation in Muntinlupa, Metro Manila. It will receive prisoners coming from all over the country except those sentenced by courts having jurisdiction for the provinces of Zamboanga del Norte, Zamboanga del Sur, Basilan, Sulu and Tawi-Tawiwho will be brought to the San Ramon Prison and Penal Farm which also has an DRD Facility inside that colony. Directorate for Reception and Diagnostics (DRD) - Formerly Reception and Diagnostic Center (RDC), - Provide their basic needs and security, administer their reformation programs and prepare inmates for reintegration to mainstream society. handles the first two phases. Procedures of Classification: 1. Diagnosis - determines the nature and extent of the person’s criminality and the extent to which he may be rehabilitated. 2. Treatment Planning - Formulation of tentative treatment based on findings 3. Execution of Treatment program - Application of the treatment 4. Re-classification - Meeting of the inmate’s case which continues from time to time of the first classification until the inmate is released The casework or individualized method of diagnosis and Treatment of the convicts are held at the Directorate for Reception and Diagnostics (DRD) for a period for a Sixty (60) days commencing from their commitment to the prison. DRD Composition 1. Psychiatrist-examines the convict and prepares an abstract of the emotional and mental constitution of the individual. His recommendation to transfer, custody and care indicates the type of work, educational training, recreation and disciplinary treatment proper for the convict. 2. Psychologist-the mental level as well as general interest of the convict is determined by the psychologists through a series of abstract tests and interview with the convict. This would point out the outstanding factors which contributed to the individuals’ maladjustment. 3. Sociologist-The sociologist is concerned with the personal history of the convict to ascertain his situation and circumstances in life. This is mainly undergone by interviews with the family, friends and relatives of the convict. 4. Education Officer- The educational strength and weaknesses of the individual is determined by the education officer in order to recommend the appropriate and suitable educational program for the convict. His report is always part of the case summary of the inmate. PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Criminal Justice CORADM1 Institutional Correction 1st Semester 2024-2025 5. Vocational Counselor-by interviewing the convict the employment record is ascertained by the vocational counselor; his general ability and skills of the convict is necessary to obtain to recommend the vocational program suited for him while under incarceration. 6. Chaplain-the religious affiliation of the convict is ascertained by the chaplain. The conduct of the inmate is reflected with the degree of his faith to his religion and thus very essential in determining the appropriate program. 7. Medical Officer-The physical examination of the convict is conducted by the medical officer to obtain the medical history. This will be needed in the segregation of the convict should illness which are contagious be detected. 8. Custodial-Correctional Officer-The observations made by the custodial officer will determine how will the convict react with other inmates and would play a role in choosing the type of custody of the prisoner. A. Reception- Committed inmates shall be admitted to BuCor through DRD. Institutional procedure: 1.) Admission of Prisoners- the BuCor, through its penal establishments, shall receive prisoners from competent authority upon presentation of the following documents: 1.1. Mittimus/Commitment Order of the Court, 1.2. Information and Court Decision in the case, 1.3. Certification of Detention, 1.4. Certification of No Pending Case, 1.5. Certification of non-appeal, and 1.6. Provincial Form 35 / Inmate data sheet 2.) A female offender shall be received only at the Correctional Institution for Women. 3.) 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. B. Diagnostics- the DRD shall likewise be responsible for the conduct of classification of each and every inmate admitted to the BuCor. - Inmates shall be classified according to security risk and sentence. - Included in the classification are determining an inmate’s certain 1.) Interests, skills or talents 2) Physical, mental, spiritual, psychological evaluation; and 3) Social (socio-demographic), and other behavioral-trait assessments. Note: The core diagnostics objective is to determine an inmate’s “Reformability.” These classification activities shall serve as reference of the DRD in the preparation of individual inmate reformation treatment programs and inmate-group reformation treatment programs. C. Segregation Scheme Security classification 1. Maximum security risk 2. Medium security risk 3. Minimum security risk - Inmates shall also be internally classified by the DRD and segregated according to crimes committed based on the related penal codes. Note

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