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CORRECTIONAL ADMINSITRATION
NATURE AND TRENDS OF PUNISHMENT
Punishment is a means of social control. It is a device to cause people to
become cohesive and to induce conformity. People believe that punishment is
effective as a means of social control but this belief is doubtful. There is no question,
however, that some forms of punishment are more effective in one society than in
another. For example punishment in a small well ordered community, where people
practically know everybody, is more effective in inducing conformity than in a highly
mobile metropolitan city.
The general concept of punishment is that it is infliction of some sort of pain
on the offender for violating the law. This definition is not complete in the sense that
it does not mention the condition under which punishment is administered or applied.
In the legal sense, it is more individual redress, or personal revenge. Punishment,
therefore, is defined as the redress that the state takes against an offending
member.
Punishment is restricted to such suffering as is inflicted upon the offender in a
definite way by, or in the name of, the society of which he is a permanent member.
Punishment must be intended and not accidental, to produce some sort of justified
suffering on the offender. It is essential that the offender should be forcibly made to
suffer and that society is justified in making him suffer. Punishment is a form of
disapproval for certain behaviors that is followed by imposing a penalty. Punishment
makes the offender stigmatized and penalized. The offender may or may not actually
suffer, under the intentional application of punishment, depending on the
circumstances it is applied and the toughness of the individual offender.
Forms of Punishment
The forms of punishment in primitive society were:
1. Death penalty
2. Corporal punishment
3. Public humiliation and shaming
4. Banishment.
Death
1.
2.
3.
4.
5.

penalty was carried out by


hanging
burning
immersing in boiling oil
feeding to wild animals
other barbaric ways.

Corporal punishment was inflicted the offender by


1. Flogging
2. Mutilation
3. Disfiguration
4. Maiming.
Public
1.
2.
3.
4.

humiliation and shaming were effected by


the use of stocks and pillery
docking stool
branding
shaving off the hair, etc.

Justifications of Punishment
The theories or justifications or punishment vary from one stage of civilization
to another. The most common justifications of punishment are retribution, expiation
or atonement, deterrence, protection and reformation.
Retribution

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In primitive days punishment of the transgressor was carried out in the form
of personal vengeance. Since there were no written laws and no courts, the victim of
a crime was allowed to obtain his redress in the way he saw fit. Oftentimes, the
retaliatory act resulted to infliction of greater injury or loss than the original crime,
so that the latter victim was perforce afforded his revere. Punishment therefore
became unending vendetta between the offender and the victim. Later, an attempt
was made to limit the retaliation to the degree of injury inflicted, thus the philosophy
of an eye for an eye evolved. During this period nearly all offenses that are now
included in criminal codes as public crimes, were considered private offenses for
which the victims were allowed their redress through personal vengeance.
There were a few offenses, however, which were regarded as crimes
committed against the native gods. People being then superstitious, believed that
any catastrophe that befell the group was a retaliation of an offended god. In order
to appease the offended god, the social group or clan demanded that the supposed
offended be banished or put to death. Witchcraft was considered a public crime and
person suspected of being a witch was tortured, banished or put to death.
Expiation or Atonement
This theory or justification of punishment was also advocated during the prehistoric days. A sort of common understanding and sympathetic feeling developed 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 is therefore, group vengeance
as distinguish from retribution which is personal vengeance. Punishing the offender
gives the community a sense of its moral superiority, an assurance that virtue is
rewarded after all. Hostile action against the offender brings about cohesiveness in
society. Corporal punishment in most modern countries has been abolished and the
application of punishment has tended to be withdrawn from the public eye. Some
segments of society, however, still cling to the belief wrong doing or in order that
punishment be punishment.
Deterrence
It is commonly believed that punishment gives a lesson to the offender;
that it shows other what would happen if they violate the law; and that punishment
holds crime in check. This is the essence of deterrence as a justification for
punishment.
Cesare Beccaria, an exponent of the Classical School of Criminology and
whose writings at the end of the 18th century renovated the punitive justice system
of Europe, contended that the intent of punishment should not be to torture the
criminal or to undo the crime (expiation) but to prevent others from committing a
like offense. He advocated the theory that a punishment should have only that
degree of severity which is sufficient to deter others. It is doubtful if punishment is
as the proponents think. In one New England state during the 18th Century, theft
was punishable by whipping the offender in the public plaza. The purpose of
whipping the thief within the public view was to deter others from committing the
same offense. Public whipping, however, did not diminish the incidence of the theft in
that state.
In England during the 18th century, pick pocketing was one of fifty offenses
punishable by hanging. The offender was hanged on a Sunday afternoon in order to
draw the largest number of spectators. The hanging would be preceded by a brass
band playing in the morning until in the afternoon. On this occasion, thousands of
spectators would mill their way in the crowd to obtain better view of the victim at the
condemned man was executed. On this same occasion professional pick pocketers
were busy plying their trade in the crowd. The multitude that came to view the
hanging were there to see how the offenders withstood their fate, how callous they
were, and how they would react to the jeers and chastisement of the crowd. In some

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instances punishment undoubtedly has a deterring effect. For the great mass of
infractions of the law, however, the fear of punishment does not enter into the
causation.
The conception of deterrence presumes that the person thinks before he acts
and that all he has to do is to think of the consequences and then he will be
deterred. Actually this is not so because offenders commit crimes without the fear of
punishment uppermost in their minds. There are certain types of offenders who could
not be deterred by the fear of punishment, namely, the behavior of the moment type
involved in crimes of anger and passion; and the type of offender whose antisocial
behavior is connected with his personality pattern and is part of his approach to life
as exemplified by the psychopathic offender and the neurotic offender.
There is no doubt, however, that some types of offenders, particularly first
offenders, can be stigmatized by the lightest form of punishment. To others more
inured in crime; going in and out of penal institutions does not deter.
Protection
Protection as a justification of punishment came after prisons, were fully
established. People believe that by putting the offender in prison, society is
protected from his further criminal depredation. If this were so, vicious and society
is protected from his further criminal depredation. If this were so, vicious and
dangerous criminals should be made to serve long terms of imprisonment.
Recidivism and habitual delinquency laws are expected to attain this end.
How effective is protection as justification of punishment? Or how effective is
imprisonment as a means of protecting the community against crime?
According to statistics, the prison population of the Federal Bureau of Prisons
and the Correctional Departments of Minnesotta and Washington DC represent a very
insignificant portion (only 3.5%) of the whole criminal population. Ninety-six and five
tenth percent (96.5%) of crimes reported to the police remain at large. These figures
do not include crimes not reported to the police, the volume of which is unknown.
Therefore, from these data we can conclude that imprisonment cannot protect
society from crime. Even if all convicted offenders were kept in prison for life, still the
96.5% who are at large will continue to plague society. Also, imprisonment as an end
of punishment is not tenable because prisoners are released within a short period of
confinement. Statistics show that their average stay inside prison is from three to
five years, after which they are again ready to commit further crimes.
Reformation
This is the latest justification of punishment. Under this theory, society can
best be protected from crime if the purpose of imprisonment is to reform or
rehabilitate the prisoner. Advocates of this theory contend that since punishment
does not deter; in as much as imprisonment does not protect society from further
commission of crimes because the greater portion of the criminal population is at
large; and because prisoners stay in prison for a short time, from 3 to 5 years only,
societys interest can best be served by helping the prisoner become a law-abiding
and productive citizen upon his return to the community by making him undergo an
intensive program of rehabilitation in prison.
Theoretically, imprisonment for reformation is sound, but practically,
rehabilitation is difficult to achieve. Some prisoners are reformed, but about 50% get
relapses. Failure to reform prisoners may be due to poor administration of the
reformatory program, or it may lie in the make-up of the criminal population.
Probation, which is a substitute for imprisonment, and parole which an early
release from prison, are intended to reform the offender. A new concept of
correctional administration has developed, thus reformation and rehabilitation are
now thought of as treatment. Treatment through institutional programs and
through probation and parole services is the modern version of reformation and
rehabilitation.

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Limitations of Punishment
Punishment has certain limitations on the offender, in spite of the aboveenumerated justifications, are:
1. Punishment makes the criminal cautious about concealing his criminal
activities
2. Stigmatizes him and isolates him from society; makes him a martyr or a
hero; and develops in him an antisocial grudge and a strong resentment of
authority.
3. Punishment on the other hand does not deter; does not repair damage to
society; or reconstruct the personality of the offender.
Trends of Punishment
The principal trends of punishment are in the development of exemptions,
pardon, and communications; the decline in the severity of punishment; the growth
of imprisonment and its modifications; good time allowances; indeterminate
sentences; suspended sentence and probation, conditional release, parole, short
sentences, and fines.
Exemptions of Punishment
The basis for exemptions is usually social. In Europe, Kings and Rulers in
ancient and early modern society could do no wrong. Upper classmen were often
times exempted from criminal liability for offences, which caused the commoner long
imprisonment or death penalty.
Most countries today do not punish offenders for absence of mens rea,
that is absence of a guilty mind or lack of criminal intent. The right of sanctuary
was practiced in the early Christian era. The benefit of clergy was originally given to
clerics who did not wear ecclesiastical robes from being tried by lay courts but only
by ecclesiastical courts. Latter the privilege was extended to anyone who could read
and write. Age of the offender was another basis for exemption from criminal
responsible. Under juvenile delinquents are not legally classified as criminals.
The mental condition of the offender is another basis for exemption from
criminal responsibility. The MNaghtan case of England (1843) held the opinion that
an offender is to be considered sane and responsible until is proven that he was
insane at the act was committed, and therefore, could not have known right from
wrong. This doctrine holds true in every progressive country today. Reformist would
want the criminal insane, such as the criminal psychopaths and criminal neurotics,
handled by special laws and procedures in courts and to provide specialized mental
institutions for their care. There is now a move that in cases where the plea is no
responsibility because of insanity or mental disturbance, juries should be concerned
only with the problems of establishing guilt and that a panel of experts appointed by
the courts; should determine the disposition to be made of the case.
Pre-Classical Theories of Punishment
After the demonological era in which ideas were ancient and barbaric as to
treating criminal offenders, man was able to ponder himself on humanistic ideas of
dealing with people and the society as a whole.
Secular Theory
When men began to live in simple communities, the history of punishment for
wrong doings began, but criminology, which is man systematic attempt to explain
crime, was still unknown. Man has always been concerned with the effort of solving
the crime committed in his midst rather than seeking an explanation for the
occurrence of crime.
The first attempt to explain crime was made by the Athenian philosopher,
Aristotle. In his book Nicomedean Ethics, he discusses corrective justice, thus
punishment is a means of restoring the balance between pleasure and pain. This

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philosophy of individual determinism that existed up to 400 B.C., was another form
of the so called free-will theory. It implied a notion of causation in terms of free
choice to commit crime by rational men seeking pleasure and avoiding pain.
According to Aristotle, corrective justice is a means whereby the loss
suffered by the wronged man is compensated. Suffering by the offender restores the
balance between the injured and the transgressor.
The JudeanChristian Theory
Following the Secular Theory of punishment was the Judean or Christian
Theory, which was at its fullest development during the death of Christ in 30 A.D.
This theory of expiation believes that punishment has a redemptive purpose of
repelling sin advocated by the devil.
Rise of the Canonical Courts - A system of trial and punishment was
established in the 4th Century A.D. Rivalry existed between the church and state in
trying offences. Primitive justice was not so much concerned with determining of
guilt as with saying that the proper religious ritual that observed by private parties in
settling private disputes. In the early Christians era, the Church forbade its
adherents to resort to state courts and later in the Medieval Period the power of state
courts declined and the power of Canonical Courts increased. Criminal Courts distinct
from civil courts and separate from the administration of government had their origin
in the Roman Republic some two centuries before Christ and became firmly
established under the empire. The theory of punishment under the church court was
mainly reformatory in purpose.
Individualization of Punishment - The lawmakers and judges had the
practical task of making and administering law not only in the light of such theories
of free will and responsibility, but also face to face with the indignation of the
community at a particular offense.
Abused of Judicial Individualization - The law gave judges wide
direction to impose additional properties in view led to the circumstances. This
theory gave the judges tyrannical power that led to abuses. Class discrimination in
the administration of justice arose. The Hebrew right of sanctuary and the medieval
truce of God were religiously motivated by limitations on punishment. Yet such
practices as expiation and penance demanded punishment as a process of balancing
account with God. The infliction of the punishment became a sort of religious
ceremony. The canonical courts introduced the modern principle of individualization,
but not on scientific grounds, and this very unscientific individualization led to serious
abuse and injustice. In early American times there was a strong religious motivation
behind the reform movement and for the aid of released prisoners. The very
significant reform instituted by the Quakers in Philadelphia as well as the somewhat
conflicting efforts of Louis Dwight and his society in Boston evidenced religious
influence, though the former were philosophical in origin. But though animated by a
kindly Christian spirit, these reform movements were not concerned with
understanding the criminal. Moreover, these religious reformers though of the
process of reform as a process of getting right with God rather than of seeking social
conditions which would prevent the recurrence of crime.
The Classical School of Penology
The classical theory came about as a direct result of two influences:
1. It came about as a protest against the abuses and discretionary power of
judges
2. It was also influenced by the philosophical school of Rousseau
Cesare Beccaria of Italy in his book, Crime and Punishment, published in
1764, bewailed over the cruelties and inequalities of the law and the courts of his
time. He holds that justice consists of equal treatment of all criminals for like
offenses, whereas, the courts of the day were dealing unequally with criminals
according to their rank and influence. Beccaria would have the legislature, not the

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court, determine the exact punishment appropriate to each crime. No discretion


would thus be left to the judge.
Beccarias protests were directed against:
1.
2.
3.
4.
5.
6.
7.
8.

Arbitrary penalties given by the judges


Uncertainty and obscurity of the laws
Defects in criminal procedure in a admission of testimonies
Secret accusations
Torture
Incrimination of witnesses
Long pending cases
Abuse of power by rich against the poor, etc.

Jeremy Bentham of England, another exponent of the classical school, also


holds that society must reward those who accept responsibility and punish those who
do not, thus bringing pleasure and pain into the service of society.
The philosophy of the Classical School
The classical school holds:
1. That man is a free moral agent, and that every act of man is of his free will
and accord;
2. That every man is therefore responsible for his acts;
3. That crime can be expiated only by punishment and
4. That the law, not the judge, should determine the punishment to be attached
to the criminal act, and should provide a scale of punishments to be applied
equally to all persons committing the same crime.
Advantages of the Classical School
1. It was easy to administer The judge was only an instrument to apply the
law.
2. It eliminated the arbitrary sentence.

Disadvantages
1. It was unfair It treated all men as mere digits without regard to difference
in individual natures and circumstances.
2. It was unjust It made first offenders and recidivists equally punished.
3. It did not individualize punishment.
4. It was the magna carta of the professional criminal in that he knew what was
coming to him and could calculate the risk.
5. It considered only the injury caused, not the state of the mind and nature of
the criminal.
The Neo-Classical School of Penology
Influenced by the French Revolution and the Quakers of the New England
states, the Neo-Classical School, was advocated at the beginning of the 19th century.
The French Code of 1819, the principles of the classical school remained intact but
the system of defined and variable punishments was modified. The judge was given
direction in certain crimes to vary punishment between the maximum and the
maximum fixed by the law. Under the Code the judge could not admit extenuating
circumstances.
The Classical Theory remained intact in its theory that every person equally
free and therefore equally responsible. Since the publication of the French Code of
1819, the struggle has been to individualize the punishment by setting up varying
degrees of responsibility. The Neo-Classical School admitted extenuating
circumstances in the criminal himself. It admits too that minors are incapable of
committing crime because they have not reached the age of responsibility. And it

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also admits that certain adults are incapable of committing crimes because of their
conditions they are not free to choose.
Result of the Neo-Classical theory
1. Exempting circumstances admitted
2. Reduction of punishment for partial freedom of the will only partial
responsibility
3. Punishment was mitigated for lack of full responsibility
4. It represented the reaction against the severity of the classical theory of equal
punishment irrespective of circumstances
The Italian or Positivist School of Penology
Cesare Lomrosos The Criminal in Relation to Anthropology,
Jurisprudence, and Psychiatry was published 100 years from the publication of
Beccarias book, Crime and Punishment. Lombroso, in his book, sought to explain
crime in terms of the physical make-up of the criminal, thus the vicious soldier was
distinguished from the honest soldier by the extent to which the former was tattooed
and by the decency of the designs. In studying the insane, the patient, not the
disease, should be the object of attention.

Enrico Ferri was born in Italy in 1856. Ferri advocated the Theory of
Imputability and the Denial of the Free Will in 1878. Ferri contributed to the
emphasis of the social factors such as
1. Physical factors, including geographical, climate, temperature, etc.
2. The anthropological factors including psychological factors
3. The social factors, including economics and political factors as well as age,
sex, education, religion.
Rafaele Garofalo was born in Naples in 1852, from parents of Spanish
origins. Garofalo thinks that crime can be understood only as it is studied by
scientific methods. The criminal is not a free moral agent, but is the product of his
own traits and his circumstances.
Results if the Italian School
1. Emphasis shifted from legal; metaphysical and juristic abstraction to a
scientific of the criminal and the conditions under which he commits crime.
2. Treatment began to be based from study of the criminal.
3. The old purpose of punishment was changed
4. Retribution was eliminated.
5. Deterrent effect theory modified does not apply to those who could not
foresee consequences.
6. Rehabilitation re-emphasized but applied with discrimination to certain
classes.
7. Protection of society is open to be the primary purpose of treatment.
8. Prevention of crime by early treatment of juveniles
The Modern Clinical School of Penology
This theory advocates the study of the criminal rather than the crime. This
school is interested primarily in the criminal himself in order to determine the
conditioning circumstances that explain his criminality and in order to obtain light
upon the problem of how he should be handled by the social group. While Lombroso
emphasized on the physical characteristics, Ferri Garafalo emphasized the
psychological and social factors, the Clinical School emphasized the psychological and
social factors, but in terms provided by the new knowledge furnished by the later
psychology and sociology.

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Emphasis on social psychology the influence of interaction between


individuals, and groups, and the relationships between emotional balance and
intellectual integrity are considered.
The Modern Clinical School advocates the idea that the criminal is the product
of his biological inheritance conditioned in his development by the experience of life
to which he has been exposed from early infancy up to the time of the commission of
the crime. It also suggests adapting the treatment of each individual in accordance
with the diagnosis obtained by scientific study of the criminal. This school entirely
repudiates retribution, expiation and intimidation. It gives a new content to the old
terms of deterrence, reformation and protection.
DEVELOPMENT OF MODERN CORRECTIONAL CONCEPTS AND STANDARDS
As previously stated, the earliest forms of punishment were death, torture,
maiming, and banishment. The jail was introduced in Medieval Europe as a place of
confinement of persons arrested and undergoing trial, and for those convicted of
minor offenses such as vagrancy, gambling and prostitution. Death, corporal
punishment and banishment were the penalties for offenses, which today are
punishable by imprisonment. Later, convicted offenders were chained to galleys to
man the ships of war. England, France and Spain used transportation system of
punishment by indenturing their convicts to penal colonies where they served as
slaves until they completed the service of their sentences.
Transportation of offenders to penal colonies was practiced principally by
European countries that had acquired distant colonies because of the need to import
labor into these colonies. England more than any other imperialistic country in
Europe, made extensive use of transportation. England began transporting prisoners
in 1718, by sending her convicts to the American Colonies until the American
Revolution. When the colonies obtained their independence, England diverted her
convicts to Australia and New Zealand. England abandoned transportation of
prisoners in the last half of the 19th century, after much agitation and protests on
the part of the colonies.
Development of Prisons
Prisons evolved as a substitute for transportation, exile, public degradations
particularly corporal punishment, and the death penalty. In this United States where
prisons were first established, imprisonment was introduced as a substitute for
corporal punishment and death penalty when, by the provision of the Pennsylvania
Reform Law of 1790, corporal punishment was abolished and the list of offenses
punishable by death was reduced to only one offense that of first degree murder.
As the United States and Europe curtailed the use of the death penalty, prisons and
penitentiaries were constructed to take care of the unexecuted and unpardoned
criminals. Long sentences required prisons and penitentiaries that were not places of
detention for those awaiting trial or short sentences but for lengthystayof offenders
convicted of serious crimes.
The Auburn and Pennsylvania System
Two rival prison systems appeared in the scene during the early history of
imprisonment, namely, the Auburn and the Pennsylvania prison system, established
in 1819, and 1829, respectively. The features of the Auburn system were
confinement of the prisoners in single cells at night and congregate work in shops
during the day. The features of the Pennsylvania system were confinement of the
prisoners in their own cells day and night. Both the Auburn and Pennsylvania
systems observed complete silence. States of the United States, which constructed
their prisons, patterned them after the Auburn prison system, while European
countries adopted the Pennsylvania system.
The Reformatory Movement
There was no significant progress in prison work worth mentioning until the
middle of the 19th century. Most of the prisons established between 1819 and 1870

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were constructed on the basis of a program espousing the punitive philosophy, the
features of which were mass treatment, enforced silenced, idleness, regimented
rules and severe punishment.
In Europe, several penal administrators can be mentioned as among
those who contributed to the progressive development of the reformatory system.
Manuel Montesimos, who was the Director of the prisons of Valencia, Spain, in
1835, divided prisoners into companies and appointed prisoners as petty officers in
charge. Academic classes of one hour a day were given all inmates under 20 years of
age.
Domets of France established and agricultural colony for delinquent boys in
1839. The boys were housed in cottages with house fathers as incharge. The system
was based on re-education rather than force. When discharge the boys were place
under the supervision of a patron.
In England, Alexander Maconochie, superintendent of penal colony at
Norfolk Island in Australia, introduced a progressive humane system to substitute for
corporal punishment the Mark System. When a prisoner earned a required
number of marks, he was given his ticket of leave, which is the equivalent of parole.
Maconochie introduced several other progressive measures, which aimed at
rehabilitating prisoners. He introduced fair disciplinary trials, built churches,
distributed books, allowed plays to be staged, and permitted prisoners to tend small
gardens. For his progressive administration of prisoners, Maconochie should be
considered one of the fathers of modern penology. Maconochie is considered the
Father of Parole System.
One of the most famous contributors to the reformatory movement was Sir
Walter Crofton, Chairman of the Directors of Irish prisons. In 1856, Crofton
introduced the Irish System, similar with that of Maconochies Mark System, latter
on called the progressive stage system. The first stage of the Irish system was
solitary confinement for nine months at a certain prison. The prisoners at this stage
were given reduced diet and allowed monotonous work. The prisoners progress to a
more interesting work, some education, and better treatment toward the end of the
first stage. The second stage was an assignment to the public works at Spike Island.
The prisoner worked his promotion through a series of the grades, according to a
mark system, and wore a badge of distinction to show his status. The purpose of the
mark system and the progression through grades was to shorten the length of stay.
In the third stage the prisoner was sent to Lurk or Smithfield. Which was a sort of
preparation for release. Here, the prisoner without custodial supervision and was
expose to ordinary temptations of freedom. The final stage was the release on
supervision under conditions equivalent to present day parole. The important then to
remember in the Irish system is that Crofton attempted to place the responsibility for
self-improvement on the prisoner himself through successive stages.
In 1876, the New York State Reformatory at Elmira opened with
Zebulon Reed Brockway as superintendent. Brockway introduced in Elmira a new
institutional program for boys from 16 to 30 years of age. The new prisoner was
classified as second grade and was promoted to first grade after six months of good
behavior. Another six months of good behavior in the first grade qualified him for
parole. If the prisoner committed a missed conduct he was demoted to third grade
where he was required to show good conduct for one month before he could be
reclassified to second grade. The Elmira system was based on the indeterminate
sentence and parole. Elmira had all the elements of modern correctional system, so
that this institution is often referred to as the forerunner of modern penology.
In England, Sir Evelyn Ruggles Brise, Director of English prisons, after
visiting Elmira in 1897, open a Borstal Institution near Rochedi, in Kent. The
Borstal Institution of England is today considered best reform institutions for
young offenders.
A Golden Age of Penology

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10

The period from 1870 to 1880 was called the Golden Age of Penology
because of the following significant events:
1. In 1870, the National Prison Association, now American Correctional
Association, was organized and its first annual Congress was held in Cincinati,
Ohio. In this Congress the Association adopted a Declaration of Principles,
so modern, comprehensive in scope that when it was revised in the prison
Congress of 1933, few amendments were made. Since founding the
Association has held annual congresses of corrections in has taken active
leadership in reform movements in the field of crime prevention and
treatment of offenders.
2. In 1872, the first International Prison Congress was held in London.
Representative of the government of the United States and European
countries attended it. As a result of this congress, the International Penal
and Penitentiary Commission, an inter-governmental organization was
established in 1875 with head quarters at The Hague. The IPPC held
international congresses every five years. In 1950, the IPPC was dissolved in
its functions were transferred to the Social Defense Section of the United
Nations.
3. The Elmira Reformatory, which was considered as the forerunner of
modern penology, was opened in Elmira, New York in 1876. The figures of
Elmira were a training school type of institutional program, social casework in
the institution, and extensive of parole.
4. The first separate institutions for women were established in Indiana and
Massachusetts.
The Decline of the Reformatory Movement
The Reformatory system movement subsided gradually following the opening
of Elmira because of the founders lack of faith in the effectiveness of the program.
The defect of the system was laid on the lack of attempt to study criminal behavior
from which to base treatment. By 1910, it was generally conceded that the
reformatory system of the United States was a failure in practice. It was not until
1930 that the reformatory idea was revived as the direct result of the revamp of the
educational program of the Elmira Reformatory.
The Industrial Prison Movement
The Industrial Prison movement succeeded the Elmira Reformatory
movement. The U.S. Commonwealth preferred the Auburn prison system to the
Pennsylvania prison system because of its congregate work program. The value of
prison labor began to be recognized in every prison system because of contribution
that the work program gave to the finances of the institution. As the economic
problem during the depression years became more acute, the need for more income
from the operation of the work programs in prison became more deeply felt. State
governments could hardly afford to provide the funds with which to run the prisons
because of the economic depression that hit the United States before and in the early
1930s. The operation of industries inside penal institutions was therefore, considered
a noble innovation that held support the prisons. Nearly every prison, therefore, was
converted into a factory engaged in the manufacture of articles that were sold in the
open market for profit.
At about this time, it was observed that there was a sudden increase of
criminality in the United States. Some people attributed the increase of criminality to
the depression. The United states Congress created a Congressional Committee were
that the rise in criminality was caused by the increase in recidivism and repeatership
in crime, and that the increase in recidivism and habitual delinquency was attributed
to the abandonment of the rehabilitation program in penal institutions in favor of the
operation of industries. As a remedial measure, Congress passed a law in 1934,
which in effect, prohibited the sale of prison-made articles to the public, and limited
their use to government-owned institutions and agencies. This law put an end to the
Industrial Prison Movement.
The Classification Movement

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The reorganization of the Federal prison system in 1930 started the


movement for modern correctional reforms. A Federal law created the Federal
Bureau of Prisons and placed a director as head of the system. As a result of the
reorganization, the penal institutions, which were formerly administered
independently by their respective wardens, were placed under the centralized
jurisdiction of the Federal Bureau of Prisons. Professionally trained personnel were
recruited for the prison service and the rehabilitation program of the institutions was
accentuated.
World War II had its significant effects in the correctional field. Institutions
became seriously undermanned because personnel of all levels of the prison service
joined the war. On the other hand, civilian crimes decreased. To augment the
shortage of civilian manpower, prisoners volunteered to work in farms, and factories
were established in many prisons. Spurred by patriotism, prisoners volunteered for
painful and dangerous medical experiments in connection with the war efforts.
Following World War II, significant events marked the period. First was
the wave of penal reforms in the southern states, and second was the series of
prison riots of the 1950s. The southern states, which were notoriously known for
backwardness in prison administration, undertook progressive reforms with Texas
taking the leadership in 1947. Texas reorganized its penal system, built new
institutions, and employed professionally trained personnel. Other states included in
the reform were Alabama, Louisiana and North Carolina.
Another notable achievement in the correctional field after World War II
was the progress attained by the State of California. In 1944, the California Prison
System was reorganized into the California Department of the Corrections with a
Commissioner of Corrections as head. Also include in the reorganization was the
establishment of the Reception and Guidance Center, a new type of institution for
the study of the prisoner and preparation of his treatment and training program in
prison. More penal institutions were constructed and all the institutions within the
system were classified according to program specialization and degree of custody of
inmates confined therein. From then on, the California Department of corrections
assumed leadership in correctional work.
In contrast to the programs attained in the field of correction, two
problems plagued the systems, namely; idleness in prison and the deplorable
conditions existing in county jails. The war efforts in prison proved that prisoners had
the willingness and ability to work, but due to lack of employment facilities, a bigger
portion of the prison population remained idle. While prisons and other correctional
institutions have reached a considerable degree of progress up to the 1950s the
reverse is true with respect to jails. The jails had remained as an institution most
resistant to change.
The most recent developments in correctional system are the
diversification of adult penal institutions and the individualization of treatment and
training of prisoners. State correctional systems have adopted Californias today, no
prison system that has for its aim the rehabilitation of prisons can operate effectively
without these programs.
The Manual of Correctional Standards issued by the American
Correctional association states: The essential elements of a well-rounded
correctional program of individualized training and treatment in an institution for
adult offenders include the following: Scientific classification and program-planning
on the basis of complete case histories, examinations, tests and studies of the
individual prisoners; adequate medical services, having corrective as well as curative
treatment as their aim, and making full use of psychiatry; psychological services,
properly related to the problems of education, work assignment, discipline and
preparation for parole; individual and group therapy and counseling, and application
of the therapeutic community concept, under the direction of psychiatrists,
psychologists, or other trained therapists and counselors; casework services,
reaching families as well as prisoners; employment at tasks comparable in variety,
type and pace of work of the world outside, and special tasks with vocational training
value; academic and vocational education, in accordance with the individuals needs,
interests, and capabilities; library services, designed to provide wholesome

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recreation and indirect education; directed recreation, both indoors and outdoors, so
organized as to promote good morale and sound mental and physical health; a
religious program so conducted as to affect the spiritual life of the individual as well
as that of the whole group; discipline that aims at the development of self-control
and preparation for free life, not merely conformity to institutional rules; adequate
buildings and equipment for the varied program and activities of the institutions, and
above all, adequate and competent personnel, carefully selected, well trained, and
serving under such conditions as to promote a high degree of morale and efficiency.
Development of Probation
Probation started in England with the old practice of suspending judgment
and releasing the offender on his own recognizance with the promise not to commit
any more crime. Often times, a surety was required and the guarantor was given the
authority to bring back the offender to the court if he violated the condition of his
release. In the United States, probation was practice in Boston by John Augustus in
1841. Although the first probation law was passed in Massachusetts in 1878 it was
not until the passage of the first Juvenile Court law of Cook Country (Chicago) in
1899 that probation was widely used. Today, probation has won public acceptance as
part of the state correctional system by nearly all counties in the world.
In the Philippines, Act No. 4221 of the Philippine Assembly established adult
probation, but it was abolished in 1937 after two years of existence because it was
declared unconstitutional in the case of People vs. Vera, 37 O.G. 164. However,
probation for adult offenders was re-established by Presidential Decree No. 968
that was signed by President Ferdinand E. Marcos on July 24, 1976.
Development of Parole
The first parole law was passed in Massachusetts in 1837. At about the same
time, Captain Maconochie, in charge of the English Penal Colony in Norfolk Island,
Australia, introduced a system whereby a prisoner was given a ticket of leave (the
equivalent of parole) after earning a certain required number of marks. Parole was
also a feature of the Irish Prison system, which was established in 1856. Parole in
the Irish System was based on an indeterminate sentence and the mark system.
The Elmira Reformatory, likewise, had a limited form of indeterminate
sentence and a method of marks similar to the Irish system, and parole based on
marks. The principal defect of early parole systems was the manner of determining
eligibility for parole. It was the general practice to release the prisoner on parole
after the prisoner had acquired the required number of marks or credits. Today, good
parole practices base release not only on the record of work and conduct of the
prisoner but also on the prospective parolees successful adjustment to the
community. The other defect of parole then was the lack of supervision of the parolee
in the community. It is now an indispensable element of parole to provide parole
officers to supervise parolees in the field. Hardly can one find a correctional system
without parole this time.
International Aspect of Correctional Work
Countries of Europe, the United States and the Far East had an interchange
and cross-diffusion of methods of criminal justice and penal philosophy and practices
among themselves as early as the beginning of the 19th century. The first interchange
of ideas was primarily with reference to the type of physical plant of prison and
especially whether it should be individual or congregate cell and working quarters.
In the establishment of the Elmira Reformatory, which is considered the
forerunner of modern penology, Brockway adopted ideas of the experiment in Ireland
and Australia in the idea of indeterminate sentences. The founder of the first Borstal,
in his first visit of Elmira, was inspired by the new reform methods and incorporated
them in the first Borstal Institution established in England. The English Borstal
became models for other European countries and was highly recommended in the
United States.

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The first juvenile court which established in Chicago in 1899, was based on
principles long used in England, although England put up her own juvenile court
some years later when the Child Act of 1908 was passed.

The International Penal and Penitentiary Commission


The first attempts to achieve international cooperation with respect to the
prevention of crime and the treatment of offenders were largely the by-product of
the development of a scientific approach to the problem and of a general pattern of
international cooperation in the exchange of technical and practical information. The
first international organization in the field was the International Penal and
Penitentiary Commission established in 1875.
This organization was responsible for holding international penal and
penitentiary congresses every five years. The last congress was held in The Hague in
August 1950. The Commission developed publications; studies and international
exchange of information, and devoted a great deal of attention to the formulation of
basic or minimum standards of practice in the treatment of offenders.
The League of Nations limited its scope in the social field to the problem of
traffic of women and children. Gradually the League broadened the scope its
activities in the field and soon assumed responsibility regarding child welfare. The
League organized the Advisory Committee on Social Questions, which collaborated
closely with the International Penal and Penitentiary Commission. From 1925
onward, the League of Nations took a more positive role with respect to penal and
penitentiary questions. The question of the treatment of adult offenders was actually
taken up by the League of Nations in 1930. The League did not create a special unit
to deal with the prevention of crimes and treatment of offenders. The League,
however, collaborated actively with the ten existing international organizations
specializing in the field and was officially recognized by the League as technical
organization .
In 1934, the League of Nations adopted the Standard Minimum Rules for
the Treatment of Prisoners , drafted by the IPCC. The League requested all
governments to give the greatest possible publicity to the Rules; to take the
necessary measures in order that they might be observed; and to submit regular
reports regarding their application and regarding the prison reforms achieved in the
respective countries. The work of the League, however, was interrupted by the
outbreak of the war in 1939. The participants in the international activity in the field
of crime prevention and treatment of offenders were restricted to the countries of
Europe, North America, and British Commonwealth and to a small number of Asian
and Latin-American States.
The United Nations Program
The Social Commission of the United Nations in the first session in 1946
expressed the view that the United Nations should assume the responsibility for
international action in the field of crime prevention and treatment of offenders.
Negotiations between the United Nations and the International Penal and Penitentiary
Commission led to an agreement for the dissolution of the latter body and for the
transfer of its functions to the United Nations. This plan of integration was approved
by the IPCC on August 12, 1950. The IPCC was actually dissolved on October 1,
1951.
The Section of Social Defense is responsible for all functions of the Secretariat
in relation to the United Nations program in the field of prevention of crime and
treatment of offenders. This section carries out its duties (including the preparation
of studies, the formulation of basic principles of practice, and the publication of the
International Review of Criminal Policy) in close collaboration with the following
bodies:
1. Expert Consultants The United Nations utilizes the services of competent
specialists who are not regular members of the Secretariat. Consultants are

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required to carry out their assignments in close collaboration with the


Secretariat.
2. National Correspondents By resolution of the General Assembly on
December 1, 1950, member countries were invited to appoint one or more
representatives of expert qualifications or experienced professional scientists,
in the field of prevention of crime and treatment of offenders. The National
Correspondents of the United Nations serve as the Secretariats major sources
of information on current developments in the field as well as the major link
between the United Nations and relevant national activities.
3. National Working Groups National working groups have been established
by the secretariat in several countries, intended to form part of a
comprehensive scheme for the channeling of expert opinion on a national
basis. The groups assist the United Nations in its program of study and action.
4. Regional Consultative Groups The United Nations provides for bi-annual
meetings of correspondents in appropriate consultative groups in the
composition of which ethnic, legislative and customary affinities are to be taken
into account.
5. International Groups of Experts This is a group of seven internationally
recognized experts. The group acts as an advisory body and advises the
Secretary General and the Special Commission in devising and formulating
policies and programs relative to the prevention of crime and treatment of
offenders.
The United Nations has accepted the responsibility for the organization of World
Congresses on the prevention of crime and treatment of offenders every five (5)
years similar to the congresses formerly organized by the IPCC Word Congresses in
the prevention of crime and treatment of offenders were held in Geneva in 1955, in
London in 1960, in Stockholm in 1965, in Kyoto, Japan on August 17-30, 1970 and in
Geneva in 1975. In addition to the quenquennial World congress, the United Nations
has organized periodic regional technical conferences in the field.
THE SCOPE OF THE CORRECTIONAL PROCESS
In recent years, the continuity of the correctional process from the moment of
conviction to the final release from legal control has been stressed. It is recognized
that probation, juvenile and adult institutional care, including jails and parole are all
parts of the same process.
Coordination and Direction
In the past it was the common notion that the penal system of a country was
limited to the operation of prisons. Due to the significant progress attained in the
field of correctional administration during the last 30 tears, it is now an accepted
practice to include probation, juvenile as well as adult institutions, and parole as
integral parts of the state correctional system. We now realize that society can be
best protected against crime if the offender is handled by the aforementioned
agencies in a continuous coordinated and integrated process, rather than he being
dealt with through successive, independent and loosely coordinated services by the
same agencies. Since probation, prison and parole deal with the same offender and
use the same techniques and procedures in the attainment of their objectives; it
would be more economical to the government if these agencies cooperate closely and
integrate their services. Furthermore, subjecting the offender to a series of
interviews, tests and examination successively and repeatedly by these agencies will
only increase his bewilderment and confusion and cause him to lose faith in the
sincerity of the authorities to help him get rehabilitated. Therefore, in as much as all
agencies having anything to do with the offender have but one objective to protect
society against crime these agencies should consult each other and integrate their
activities in order to attain their objectives effectively and with the least expense and
effort.

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The State Department or Bureau of Corrections should be vested with the


jurisdiction to supervise jails. In the United States, all institutions for adult offenders
above the level of the jail fall under the Department of Corrections or the Bureau of
Prisons. In the United States, county jails although locally managed, are placed
under the supervision of Federal Bureau of Prisons. A jail inspection division of the
Federal bureau of Prisons inspects jail regularly. The Director of Prisons has the
power to close jails that are substandard and to approve building plans for new jails.
In the Philippines, the Director of Prisons similarly has supervisory powers over
provincial and city jails but his powers are limited in the sense that they are advisory
and recommendatory only. The prison law provides that the Director of Prisons shall
issue rules and regulations for the government of national and provincial prisons or
jails.
Coordination of Institutions and Parole
Another step toward the fullest practicable coordination of the states
correctional services is to integrate institutions and parole as far as possible. This is
so because the two agencies deal with the same offender. Parole is the extension of
imprisonment. The period served on parole is part of the same sentence that he
serves in the prison. The prison program is directed towards the preparation of the
prisoner for parole, and the parolees successful adjustment to the community
depends largely on the quality of that preparation. Therefore, in order to attain the
objective of reforming the offender, prison ad parole should fall under one
department, preferably the Department of Corrections or Department of Justice. In
California, prison and parole fall under the California Department of Corrections. In
the US Federal government and in the Philippine government prison and parole are
under the Department of Justice.
Institutions for Juveniles and Youths
The upper age limit for offenders considered as juvenile delinquents varies
from one jurisdiction to another. In some countries, 21 years of age while others 18.
The determining factor with respect to the upper age limit for juvenile offenders is
the age when the person is considered mature enough to possess and be able to use
all his faculties. In countries, therefore, which have low age limits to delinquency
category, there will be many offenders between 16 and 18 years of age are not yet
mature enough to be confined in institutions for adults. Due to the difference in
philosophy and methods of treatment in juvenile institution and prisons, the problem
of how to deal with a great number of offenders belonging to this group arises. In
many states, institutions for Youth Authority, an agency separate from the Adult
Authority exists. In countries or states, which do not have a youth authority
program, arrangements can be made legislation or by agreements between the
departments concerned for the transfer of those deemed too mature for juvenile
institutions to a reformatory for youthful offenders.
Special Institutions and Facilities
Penal Institutions under the category of medical facility is of recent creation.
Many states or countries, in diversifying their penal institutions, have established
medical facility institutions, reception and diagnostic centers and institutions for
criminal insane. These special institutions all fall under the jurisdiction of the state
correctional system. Examples of such type of institutions are the California Medical
Facility at Vacaville and the Federal Medical City at Springfield, Missouri. The Medical
facility at Vacaville performs the dual function of a reception-diagnostic center for
new prisoners and a treatment center for prisoners who are suffering from chronic
diseases and the invalids. The Facility at Springfield, Missouri serves also as
reception-diagnostic center for Federal prisoners coming from the area, and as an
institution for the treatment of narcotic or drug addicts, criminal insane and invalids.
Coordination of Probation and Parole
The nature of probation and parole services is essentially the same. Probation
and Parole services attempt to held the convicted offender adjust himself in the
community as a law-abiding and productive member of the society. Both agencies
use the same techniques and procedures in helping their wards. Administratively,

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however, both services at are opposite poles. The granting authority in probation is
the judge. Probation therefore is a judicial function. The staff that screens candidates
for probation belongs to the court. With respect to parole, the authority that grants
parole is a Board, which is under the executive branch of the government. Under the
theory of separation of powers, therefore, probation and parole cannot be placed
under one department administratively. However, the supervisory function of parole
and probation over their wards can be assigned to one agency. The Federal
government of the United States has this arrangement-the field supervision of
probationers and parolees are done by probation officers.
THE ADMINISTRATIVE ORGANIZATION OF A STATE CORRECTIONAL SYSTEM
During the early period of state correctional activity, prisons were regarded as
local institutions and each was separate and independent entity. Local boards of
trustees were appointed by the governor to advise him on policies and
administration. These unpaid boards frequently choose the warden and supervised
his administration. The abuses of power vested in local board of trustees in the
matter of awarding prison labor contracts led to the abolition of the board of
trustees. With the increase in the number of institutions, the need for coordination of
institutional activities became apparent, resulting in the creation of central state
boards. Originally, the centralized state boards coexisted with the local boards,
exercising over-all supervision and restraint over the latter. Later, the centralized
state boards performed added administrative functions and to a large extent,
displaced the local boards of trustees. They were usually known as state boards of
charities and corrections. The members of the centralized state boards served
without pay and were appointees of the governor. They visited state prisons and
advised the governor with regard to administration and policy, bringing greater
coordination than had previously existed.
The creation of state boards of control was the third step in the increasing
centralization of correctional administration. They were composed mainly of paid,
fulltime members, with far more comprehensive responsibilities than previous
boards. Their responsibilities included the selection of sites for new institutions, the
direction of care and treatment programs, the enunciation of institution policies, and
the purchase of supplies. Their primary interest however, was in the fiscal aspects of
institutional management.
Present-day Organizations There is high degree of diversity in the
administration of state administration for corrections.
Local Boards of Trustees Local boards of trustees still exist in seven
states, namely: Connecticut, Indiana, Arkansas, Delaware, Mississippi, and New
Hampshire. The criticism against local boards of trustees is that their knowledge of
corrections is limited. Because they are composed of persons who are usually have
fulltime personal obligations to fulfill in other fields, these boards suffer from
infrequency of meetings; important decisions are delayed, and ineffectual
administration is the result.
Ex-Officio Boards Four states in the United States have their correctional
program managed by ex-officio boards, which include the governor, state treasurer,
and other members of the governors staff. The reason behind ex-officio boards is
that they are less expensive to operate. The defect of the ex-officio board is that
meetings are infrequent because of the vast activities of these officials in their
regular jobs. This form of administrative control is used principally in states with few
correctional institutions.
Boards of Control The board of control are functioned in at least five
states: Iowa, Montana, Nebraska, North Dakota and West Virginia. The principal
arguments against the Board of Control type of administration are that decisions are
often based on compromise, action is slowed down, and it is difficult to fix
responsibility in cases of errors and misadministration.
Centralized Boards or Prison Commissions Centralization of
administration in a board is utilized in nine states: Florida, Idaho, Kansas, Maryland,
Oklahoma, South Carolina, South Dakota, Texas and Utah. These boards vary in size

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of membership from three to six or more persons. They are appointed by the
governor and serve either part time or full time. In some instances, one of the
members assumes the chairmanship and functions as chief administrator of the
correctional program. The criticisms against these boards are that their membership
is frequently nonprofessional, their decisions are slow and based on compromise, and
responsibility is diffused.
Divisions Within a State Department - Experienced administrators
generally agree that plural executives (boards, commissions etc.) are unsatisfactory
for purposes of efficient administration. There is no unanimity of opinion, however, as
to whether corrections should be established as an independent, separate state
department or integrated in a larger department of institutions or welfare. Where the
correctional problem is big, both in terms of prison population and number of
institutions, a separate state department seems advisable. Integration within a state
department of welfare is suggested for smaller states by the American Correctional
Association in its manual on suggested standards for correctional administration.
Fourteen states have their correctional program administered as a division within a
larger department. These states are Illinois, Minnesota, New Jersey, Ohio,
Pennsylvania, Wisconsin, Kentucky, Louisiana, Maine, Rode Island, Tennessee,
Vermont, Washington and Wyoming. In Illinois, penal institutions are administered by
the Department of Public Safety. The correctional functions are administered by a
division of prisons. A division of correction acts as the parole board and consists of
the superintendent of prisons, superintendent of crime studies are headed by a
criminologist, which supervises the direction of the study and classification program,
and the medical program.
The basic objections of the division within a state department type of
administration, is that there is likelihood that the correctional phase of the program
will be subordinated to other activities of the larger department. Adequate funds are
more difficult to procure. A division within a state department tends to thwart the
development of a coordinated correctional program.
Separate Department of Corrections Undoubtedly the most refined
administrative organization for corrections is the separate department with a single
executive. There are nine states with separate departments; Alabama, California,
Georgia, Massachusetts, Michigan, Missouri, New York, North Carolina and Virginia.
The central office is organized to provide a division of responsibilities among
members of the staff. In a few states all adult probation and parole functions are
administered by the central department. The California Department of Corrections is
normally composed of the director of corrections, the board of corrections, the Adult
Authority, the Board of Trustees of the California Institution for Women, the Youth
Authority. The central office staff includes three deputy directors, one responsible for
coordination of the central office staff, one responsible for fiscal and property
functions, and the other, for crime studies, research and correction coordination of all
levels of government within the state. Professional leadership in the integrated
department allows for the orderly development of correctional activity. It is by far the
most satisfactory administrative organization developed to date.
The Philippine prison system is patterned after the Federal Bureau of
Prisons of the United States. It is a bureau within the Department of Justice.
THE ADMINISTRATIVE ORGANIZATION OF AN INSTITUTION
The organizational structure of a prison depends on the objectives of the
agency. Prisons are no longer places for retributive punishment of the offender but
for his rehabilitation. The best organizational structure of a prison, therefore, is one
that serves to carry out the program of rehabilitation.
Single Administrative Officer A prison or correctional institution should
have only one administrative head called superintendent or warden. Many of the
early penal institutions in the United States were administered independently by a
board composed of three members: Experience of these institutions has proven that
decision making by a Board requires a lot of discussion and other consideration,
hence actions are very much delayed. It has been proven that leadership under a
professionally trained prison administrator is dynamic and efficient. All prisons and

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penal institutions are now headed by warden or superintendents. The Superintendent


or warden should be given a wide discretion to run his institution within the
framework of the law, rules and regulations.
The successful administration of a prison depends largely on the personality
and leadership of the warden. It is therefore important that he should be a man of
unusual capacity, not only in the general field of administration but also in the more
specialized aspects of correctional administration. A superintendent or warden,
before he is appointed as head of the institution, should have a minimum of five
years of experience in a subordinate position of responsibility in a similar
organization.
The five important responsibilities of the head of an institution are as follows:
1. Decision Making - is important in the prison setting. The warden limits his
role to considering policy matters and major problems. He delegates with
confidence, to well trained subordinate executives, sufficient authority for
management of daily operations in line with established policy.
2. Control prison operations and activities - It has always been important to
insure that the program and policy are carried out and avoid mismanagement
by incompetent personnel or by individual or group of inmates getting into
positions of power. The warden depends more on sound organizational
planning, written manual policies and procedures, and an effective
communications system than controlling operations by constant personnel
inspection of all areas and frequent contact with all personnel and a large
number of inmates.
3. Public Relation - The warden today provides leadership to involve all
personnel in a program aimed at gaining public understanding, goodwill and
community acceptance.
4. Personnel Program - It is the wardens responsibility to provide leadership
and assign responsibility for recruitment, selection, training and supervision of
personnel.
5. Executive Leadership - must be constantly demonstrated by the
administrative head. He must offer leadership and motivation to his staff in his
personal drive, knowledge and sincerity of purpose and must tie together all
programs or discipline in cementing a meaningful administrative course.
Organizational Subdivisions The institution should be managed by
organizing like functions under major administrative subdivisions. However, the
grouping should be based on the functions and number and kinds of inmates, and
the nature of the institutional program. The program directs both custody and
treatment, thus better coordination and integration of all functions are possible when
within one division under one manager. Besides, the personnel, both custodial and
treatment, are organized into treatment teams for supervision of inmate groups of a
practical size, thus personnel really know the inmates for control and treatment
purpose.
The organizational structure should be based on principles of sound
management. The number of division heads responsible and reporting to the warden
should be small. This injunction should also apply to lower levels in the
organizational structure.
The typical prison or correctional institution has five distinct subdivisions,
namely, business management or administrative, custody, classification and
treatment, production and medical.
The business management or administrative division of the institution is
charged with the function of personnel including the recruitment and training of
personnel. It is also responsible for the procurement of supplies and materials, plant
maintenance and other administrative services of the institution.

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The custodial division takes charge of all matters pertaining to the custody
of prisoners and security of the institution. This unit is headed by an assistant
warden or assistant superintendent. The custodial groups constitute the bigger
number of the personnel in a maximum or medium security prison. There are five or
six levels of rank in the custodial force. Most prisons follow the military pattern of
organization. For every six or eight guards there is one senior prison guards are
responsible to the Supervising Prison Guard (equivalent to the sergeant). Equivalent
to the commissioned officer in the army are the Security Officers I, II and III. The
prison guard is the lowest in the levels of the rank. He is assigned to man the
sentinel posts, guard houses and gates. Also, he escorts prisoners to work in
projects, to courts and other places outside the prison when such leave is duly
authorized. The senior prison guards take charge of a squad or group of guards in a
work detail or escort detail. They are also assigned to man important posts such as
control gates, mess halls and living quarters of prisoners. The supervising prison
guards take charge of a big group of guard details or several posts within the
perimeter of the institution. The security officers are assigned as commanding
officers of the three shifts of guards, morning, afternoon and night shift, and the
Escort Company or platoon. The head of the custodial force is a Security Officer III or
Captain. He holds the rank of an associate warden.
The organizational set up of other subdivisions, namely, the administrative,
classification treatment, production and medical does not follow the military pattern,
but there are various supervisory levels typical of civilian organizations. In the
management of the prisons or correctional institutions, the principles of management
applicable to any organization or agency hold true.
Some of the fundamental
principles are the following:
1. The organizational framework of the prison should be planned to group
together like functions, services and activities to facilitate personnel
treatment.
2. The organizational subdivisions should clearly indicate through the chain of
command appropriate levels of authority and responsibility.
3. There should be a booklet of rules and regulations and operating procedures
to guide the personnel.
4. A program of personnel and development must be maintained to include
analysis, description and classification of positions, recruitment and selection,
in-service training and promotion.

THE PHYSICAL PLANT


The study of the structural designs of prisons since the first prison was
established reveals the physical plants of institutions have changed in accordance
with the changing philosophy of penal work. The early prisons were constructed as
strong and as escape proof as could be suit the purpose of imprisonment which was
then penitence. Modern trends of correctional administration encourage the use of
open institutions in line with the present concept of rehabilitation as the objective of
the correctional system.
The Philosophy, the Program and the Plan
The plan of building should express the purpose of which it is to be put. A
hospital building should be designed to carry out all the purposes and functions of
the hospital program as easily and efficiently as possible. Many prisons have been
built with little regard to changing philosophy and changing program needs.
The traditional concept of prison being a place for punishment and making
prisoners work at hard labor has been replaced by the present concept that the loss
of liberty by confinement in an institution constitutes the penalty. While the penalty

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is being served in prison, there should be carried an intensive program of training


and treatment aimed at the ultimate rehabilitation of the inmate confined therein.
The physical plant of big prisons in the past has always handicapped the
rehabilitation work of the administrators. The fundamental characteristics of prison
architecture lag far behind from the progress that correctional ideals and techniques
have developed. The goals of correctional work can far be realized, not until the
physical plant of correctional institutions brought into basic harmony with the
assumptions and requirements of the philosophy of rehabilitation. The design of an
institution can and does affect the operational prison atmosphere.
The Diversified State System and the Single Institution
Whenever a single institution is planned the entire needs of the state system
for correctional institutions should be re-examined and studied. It is not possible to
set up specific standards with respect to the diversification of institutions by types of
inmate which are applicable to all state correctional systems. Different countries
have vastly different needs because of size, composition of population, economic
status of the state and financial resources and similar factors.
It is however possible for a small correctional system to have a certain degree
of diversification of program and custody within a single institution. There is a
general agreement that female prisoners should be segregated from male prisoners;
and that with few exceptions, boys less than 18 years of age should be segregated
from older adults. It is possible to have a farm barracks outside the walls of an adult
institution which can be operated as a minimum custody facility. A special building of
maximum security for the more dangerous and incorrigible prisoners can be placed in
an institution. The principle here is that as soon as there are enough prisoners of
certain homogeneous type, requiring a specialized program of custody and
treatment, this group should be separated in a specialized institution. This does not
mean however, that there can not be diversification of housing, custody and
treatment within a single institution, and in fact, this may be the least answer in
some cases.
Effective diversification of institution within a correctional system is based
upon some system of classifications, as follows:
1. Diversification by Age It is generally accepted practice that boys and girls
under the age of 18 should be segregated from the older group. Special
institutions or reformatories have been developed for the age group from 17
to 25 or 30. The older group should probably be classified on the basis of
factors other than age, with one possible exception, that is, that a special
institution for the aged, infirm and non-employable prisoners may constitute a
special institution.
2. Diversification by Sex There is a general agreement on the principle that
women prisoners should be kept in special buildings located on the same site
with the mens prison, in some cases, on top floor the administration building,
and similar unsatisfactory arrangement.
3. Diversification by Degree of custody Correctional institutions are mostly
diversified on the basis of degree of custody, among which are the following:
a. Super Security Facility - A small portion of any prison population
consists of incorrigibles, recidivists, escape artists, and chronic
troublemakers. This category of prisoners should be confined in a unit
or institution separate from the general population. The number,
usually does not constitute 10% of the whole population, is small so as
not to justify their confinement in a separate prison. Ideally they
should be confined in a super maximum type of prison, like Alcatraz,
where escape is quite impossible. However, the expense of maintaining
an Alcatraz type of institution is great, considering the need for heavy
custodial restraints and a small employee-prisoner ratio to control this
type of prisoners. A few years ago, the Federal government abandoned
Alcatraz because the operating cost is prohibitive and the philosophy of

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the program is considered inhuman. It is more practical therefore to


build a super security unit within a maximum prison for the
incorrigibles and troublemakers.
b. The Maximum Security Institution - This type of institution is
characterized by thick all enclosures, 18 to 25 feet high. On top of the
wall are catwalks along which the guards patrol at night. At corners
and strategic places are tower posts manned by heavily armed guards.
The housing units within the walls are of the interior cell block type.
Prisoners confined in this type of institution are not allowed to work
outside the institutions but are assigned to industrial shops within the
prison compound.
c. The medium Security Institution - This type of institution is usually
enclosed by two layers of wire fence. The inner fence is 12 to 14 feet
high with curb and the outer fence is 8 to 12 feet high. The two fences
are from 18 to 20 feet apart. Usually the top portion of the fence is
provided with barbed wire. The perimeter fence requires a minimum
number of personnel to guard it. The housing units consist of outer
single cells, honor rooms, squad rooms and dormitories. The inmates
may be allowed to work outside the fence under guard escorts.
d. The Minimum Security Institution - This type of institution is
usually without a fence, and if there is one, its purpose is to keep away
the civilian population from entering the institution rather than
preventing escapes. There are no bars or keys to dormitories or armed
guards within the institution. The housing units are composed of
dormitories requiring little or no supervision by correctional workers.
The United Nations Congresses held in Stockholm and in London in
1960 and 1965 passed resolutions urging more use of open institutions
than in maximum or medium security institutions.
e. The Special Security Facility - About two percent of an unselected
prison population will consists of incorrigibles, intractable, and
dangerous persons who are so difficult to manager that they are a
source of constant disturbance and difficulty even in the typical
maximum security institution. They are so few in number that even in
a big prison system it is not feasible to put up a special institution for
them. The need for heavy custodial restraints in a maximum custody
prison, calls for a large employee-inmate ratio. The smallness of the
institution makes operating costs prohibitive. The normal, practical
solution is to build a special security facility within the confines of the
maximum institution. The facility within the larger institution should be
located and constructed in such a way that any general disturbance
within the building will not tend to excite or inflame the general
population
4. Diversification of Institutions by Medical or Mental Conditions Numerous medical and mental conditions among an unselected prison
population call for specialized housing and program. Examples of these are
the psychotics, the extreme psycho-neurotics with psychotic episodes, the sex
offender or sex deviate, the tuberculosis prisoners, and others requiring
continued long-term treatment for chronic conditions. The custodial features
of an institution for the medically infirm prisoners should be varied to meet
the needs of the different types of prisoners to be accommodated. There will
be at least one maximum-security building, various grades of medium security, and some minimum. The general tone of the institution will be that of a
hospital with medium security features.
The Plan in Relationship to Types of Inmates and Program
Generally, prison administrators have attempted to fit a program as best they
can into an existing facility, and for tailoring the program to these facilities. They
forget that the first step in making the plan is to make a careful analysis of the types

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of inmates planned to be housed in it and to work out in great, detail the program to
be provided for them.
Selection of the Site
The location of the institution is an important aspect of prison planning. A
prison located in uninhabited area may in a few years be completely surrounded by
city development. This makes expansion and remodeling difficult, so that congestion
will inevitably be the outcome. Also, the institution will become a hazard to the
surrounding area. Care, therefore, should be exercised in the selection of a site,
taking into consideration the area,, agricultural land, topography, foundation
conditions, transportation facilities, climate, water supply, electrical supply and
nearness to a community with adequate resources for supplies and for the
advantages of community living for the personnel.
Size of Institution
The United Nations Standard Minimum Rules for the treatment of offenders
prescribes that penal institution should not exceed 1,200 inmates. Smaller
institutions should however not be too small as to make operating cost too
expensive.
There are institutions with population exceeding 5,000. The per capita cost of
operation is less when the institution is big, but the negative effects of overcrowding
and impersonal relationship of personnel and inmates, though not easily discernible,
is great. If it is not possible, to-establish smaller institutions because of lack of funds,
a compromise arrangement can be made so that big institutions may be divided into
smaller units, all units still operating under the superintendent or warden of the institution. A good example, of this arrangement is the California Institution for men at
San Luis Obispo - this institution consists of two program; units and a minimumsecurity satellite unit
.
Custodial Characteristics of the Institution
There is controversy of opinion as to how secure an institution should be.
Some prison administrators think that prisons should be sufficiently secure as to
ensure no escapes. The more progressive-minded administrators contend that too
much custodial restraint works against the rehabilitative program, so that escapes
should be looked upon as inevitable and something to be minimized. Whatever be
the position held by the prison administrator, public attitude regarding escapes
cannot just be ignored. Escapes cannot be prevented or minimized by strong and
escape-proof institutions only but by careful classification and good personnel
management. The criteria therefore in planning a new institution should be based on
the type of prisoners to be housed. The physical plant should be as strong as is
necessary to prevent the number of escapes which will draw public censure and the
kind of escapes which really threaten the public welfare.
Segregation
Ideally, a prison system should be diversified by institution. This arrangement
provides proper segregation of groups by institution. Actually, few prison systems
come up to this standard. Since this arrangement requires a big budgetary outlay, a
compromise can be made so that bigger institutions can be broken into smaller units.
The purposes of segregation are to prevent moral or physical contamination of one
group by another, and to prevent unnecessary custodial risks. It is therefore
necessary that the first offenders be kept separately from the recidivists and habitual
delinquents; that sentenced prisoners and the detention inmates occupy separate
units; and that those undergoing disciplinary punishments be segregated. The
movements of prisoners as well as workers within the institution should be carefully
planned to avoid confusion, loss of time and inefficiency in custodial supervision.
THE CLASSIFICATION PROCESS

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The rehabilitation program of the prisoner is carried out through the process
of classification. Classification is more than placing prisoners into types or categories.
It is a method by which diagnosis, treatment, planning, and execution of treatment
program are coordinated in the individual case. The objectives of classification are
development of an integrated and realistic programs of the prisoner arrived at,
through the coordination of diagnosis, planning, and treatment activities; and an
informed continuity of these activities from arrival to release of the prisoner.
The first two phases of the classification process, namely, diagnosis and
treatment planning, take place in the reception center, which is a special unit
separate from the prison, or in the classification clinic of the prison. The third phase
which is the execution of the treatment program takes place in the operating
institution or prison.
Reception Diagnostic Center (RDC)
In line with the latest approach to treatment the individualized or casework
method it is necessary that prisoners must undergo a diagnostic examination,
study and observation for the purpose of determining the program of treatment and
training best suited to their needs and the institution to which they should be
transferred. These processes take place in the Reception & Diagnostic Center withinthe first (60) sixty days of their commitment to prison.
The Reception and Diagnostic Center makes possible the careful study of
offenders by a professional staff, the segregation of prisoners based on scientific
methods: the treatment of inmates based upon careful study of the individual inmate
at the time of commitment; the improvement of institutional programs based on
close study of inmate's characteristics and needs made at the Center; and the
development of research concerning the causes and treatment of delinquency or
crime. The Reception Center is a specialized diagnostic institution designed to service
a big correctional system. It is not a treatment center. In order that the Center can
accomplish the purposes for which it is intended, the following basic elements must
exist in the correctional system:
1.
2.
3.
4.
5.

There must be a sufficient member and variety of institutions or treatment


facilities available to permit placement of each individual in accordance
with his treatment and training needs.
There must be an integration of plan and program, including the reception
center, treatment facilities in .the prison, and parole placement and
supervision.
The public must be educated to accept the basic concept of treatment as
opposed to mere punishment.
There must be a sound philosophy of treatment and training throughout
the entire correctional system.
There must be good physical facilities and personnel.

The RDC Staff and their Functions


1. Psychiatrist examines the prisoner and prepares an abstract of his
findings. The abstract includes a brief statement of the mental and
emotional make-up of the individual with particular reference to
abnormalities of the nervous system and the presence of psychoses,
psychopathic behavior, neurotic tendencies, paranoid trends and other
special abnormalities. The psychiatrist makes a recommendation with
regard to custody and transfer and calls attention to any special conditions
which limit or indicate special type of work, educational training, recreation or disciplinary treatment.
2. Psychologist interviews the man and administers tests. The
psychological abstract presents a statement of the psychologist's findings
with regard to the mental level, general and special abilities, interests and
skills of the prisoner. The outstanding factors contributing to the

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maladjustment of the individual are pointed out. A prognosis for


institutional and parole adjustment based on the inmate's attitudes,
characteristics and peculiarities is included. In this abstract, the
psychologist makes his recommendation with regard to custody, transfer
and general education and further study and treatment of the man.
3. Sociologist the prisoner is interviewed by the sociologist. Additional
information is obtained through correspondence with the prisoner's
friends, relatives, and social agencies. The objective facts of the personal
history of the inmate are recorded in the social abstract, which also
includes an analysis and interpretation of the individual's social situation
and relationships.
4. Education Officer or Counselor the prisoner is interviewed by the
educational officer in order to determine his educational strengths and
weaknesses and to recommend suitable educational program for him. He
conducts orientation classes in general education in order to change the
inmate's attitudes toward education. He gives counsel to inmates found
wanting in educational needs. He prepares a report of every inmate on
general education as part of the case summary of the inmate.
5. Vocational Counselor the vocational counselor, by interview, obtains
a record of the man's former employment and tests the man to determine
his general and special abilities, interests and skills. The results comprise
the vocational abstract and recommendations are set forth with regard to
the types of vocational training which should be made available to the
inmate during his incarceration.
6. The Chaplain - The inmate is interviewed by the Chaplain and he is
encouraged to participate in religious worship. The Chaplain's abstract
states the religious affiliation of the prisoner and gives his opinion as to
the significance of the inmate's religious attitudes in determining his
conduct. The Chaplain makes recommendations with regard to further
religious training.
7. Medical Officer a complete physical examination is given each inmate
at which time his medical history is obtained. The examination covers the
major organs of the body, such as the lungs and the heart, and includes
tests of the blood and sense organs. The doctor correlates the patient's
previous health history with present findings in the medical history and
physical examination, plus recommendation for medical treatment.
8. Custodial-Correctional Officer the Chief of the correctional unit
prepares the custodial officer's abstract which includes all significant
observations made by the correctional officers of the inmate's behavior
and interactions to various situations in the dormitory, place of recreation,
work assignments, etc. The report includes the custodial officer's
recommendations on transfer and type of custody of the prisoner.
Admission Procedures
New prisoners are received either in the reception center or in a prison and
later to transfer to the center. The new prisoner usually comes from a provincial or
city jail where he is immediately committed upon conviction by the court. He is
transferred to the National Prison escorted by guards of the committing jail. On
arrival at the Reception Center or prison, the following procedures are followed:
1. Checking of commitment papers if they are in order - A commitment
paper is in order if it bears the signature of the judge, or if it has the
signature of the Clerk of Court and seal of the court. The next step is to
establish the identity of the prisoner in order to be sure that the person
being committed is the same person named in the commitment order. The
identity is established through the picture and the fingerprint of the
prisoner appearing on the commitment order.

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2. Searching the Prisoner after the commitment papers are checked and
the identity of the prisoner established, the new prisoner is "frisked" and
his personal things searched. Weapons and other items of contraband are
confiscated and deposited with the property custodian. Money, watches,
rings and other pieces of jewelry are deposited with the trust fund officer
under proper recordings and receipts.
3. Issuance of Clothes and Equipment - from the receiving office, the
new prisoner goes to the supply room where he receives his prison
uniform, mosquito net and beddings.
4. Assignment to Quarters - after the prisoner is issued his clothings and
beddings, he is sent to the quarantine unit. The quarantine may be a unit
of the prison or a section of the Reception Center.
5. The Quarantine Unit - The new prisoner spends from 7 to 10 days in the
quarantine unit. During this period he is given thorough physical
examination including blood test, x-rays, inoculations and vaccinations.
One purpose of the quarantine is to insure that the prisoner is not
suffering from any contagious disease. The results of the examination are
submitted to the Chief of the Center in written form. This report forms
part of the diagnostic record of the prisoner.
Orientation Procedures
The initial contacts of the prisoner with the Center are very meaningful. The
first impressions received by him may affect his entire institutional adjustment.
The orientation of the prisoners takes place within the first few days in the
Center. It consists of giving them a booklet of rules and regulations and explaining
the rules to them; conducting group meetings of Center inmates to explain the
purposes of the treatment programs; holding sessions with the Chief and individual
members of the Center staff to explain the basic purpose of the Center and what the
inmates should do in order to profit from their experiences.
Testing Programs
In order that-each staff member can profit from psychological test results,
group testing of inmates should be scheduled one or-two weeks after arrival.
Psychiatric-examinations should also be given early during the stay of the inmate
because the psychiatric analysis of the personality of the inmate is very valuable to
the rest of the staff.
Program Activities
After undergoing quarantine and orientation, the inmate is ready to go into a
regularly scheduled program which will continue until his last day in the Center.
Some of these activities are as follows:
1. Educational Program the inmate attends literacy and citizenship
classes and group therapy sessions. The objectives of the educational
classes in the Center are to determine the educational possibilities of the
inmate which may be pursued or encouraged in prison, and to encourage,
through group sessions, the individual to talk out his problems, to lend
him to recognize desirable goals and ways of attaining them.
2. Vocational Program the inmate is given on-the-job training and
observation to determine his vocational interests and abilities and to
determine his attitude toward work.
3. Physical Training and Recreation this program is aimed at building
the morale as well as helping maintains the well being of the prisoners.
Also, it affords an opportunity for supervisors to observe how the inmate

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reacts to various situations /which are very revealing of the personality of


the prisoner.
4. Staff Interviews it is desirable that all members of the staff interview
every inmate on whom they are required to render a report. Each staff
member should plan his interviews so that his questions are pointed
toward securing the information which will help him analyze the phase of
the study for which he is responsible. Each report should give indication of
the staff member's impression of the personality of the inmates.
The Staff Conference
When the prisoner is through with all tests, interviews and examinations, he
is ready "for the staff conference, sometimes called "guidance conference or "case
conference". The- inmate appears before the Center's staff in conference to plan out
with: him his -tentative program of treatment and training. Every member of the
staff gives an oral summary of his findings and his recommendation on what to do
with the prisoner pertaining to his field. For example, the vocational counselor
informs the body of what vocational tests given him, and the counselor's
recommendation on what job training is appropriate for the prisoner to learn in
prison. After every staff has-given his report the body votes on what-program of activities the prisoner should undergo, including institutional training, recreational program, religious program-medical and psychiatric services and social service.
The Admission Summary
The written reports submitted by the staff, of the center regarding their
findings on-the prisoners are compiled, and form the admission summary: The
admission summary-.becomes the, nucleus of the cumulative case history of the
prisoner. The admission summary consists of the following:
1. An account of the legal aspects of the case. In addition to citations from the
summaries of the reports, of law enforcement, judicial, and other officials,
this may contain an explanation by the inmate of how he got into trouble;
2. A summary of the man's earlier criminal history. If he has previously been in
a juvenile or an adult correctional institution, reports from these places
contain information regarding his program therein and related facts about his
attitudes and behavior;
3. Social history, or the man's biography as a person, based upon the probation
report or field investigation, staff interviews, tests, examinations, and other
staff observations. This may also be provided or amplified by his family or
friends, former employers, and others who may assist through interviews or
answers to questionnaires;
4. Physical condition;
5. Vocational interests, competence and experience;
6. Educational status;
7. Religious background and interest;
8. Recreational interest;
9. Psychological characteristics evaluated by the psychiatrist and the
psychologist;
10. Behavior in the Reception Center, reported by the custodial staff;
11. Initial reaction to group psychotherapy or group counseling or other forms of
treatment.
From the above interview and counseling situations, data are obtained from
the inmate's standpoint, that is, the man's own story, as well as from other persons.
The admission summary becomes a practical document when the final page is
devoted to a listing of recommendations in the above areas of diagnostic study for
the inmate's institutional and parole program.
Most correctional systems have found it advisable to prepare a master stencil
of the admission summary from which additional copies may be made through a
duplicating process. Copies are required not only for the classification committee but
also after the reception period for the central office of the prison system, and still

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later for the parole agency. Requests for copies of the case history may also come
from other institutions or appropriate community agencies.
Usually the cover page of the admission summary contains the summary of
recommendations of the Center in the above eleven areas of diagnostic study for the
inmate's institutional and parole program.
The admission summary is prepared in at least three copies, and distributed
as follows: one copy goes with the prisoner whichever prison he is confined; one
copy goes to the Central record system of the Bureau; and one copy remains with
the Reception and Diagnostic Center. The admission summary is used by the
Classification committee as guide in carrying out the rehabilitation program of the
prisoner in the operating institution; and by the parole office as guide in parole
program planning and parole supervision.
:.
Transfer Out of the Center
When the admission summary is completed, it is forwarded to the Director of
Prisons for approval of the tentative program prepared for the prisoner, after which
the prisoner is then transferred to the operating institution.
Interpretation to the Prisoner
Just prior to transfer the inmates should be interviewed, either individually or
in groups. This interview should make clear to the individual some of the reasons
why he is being transferred to a particular institution and what will be expected to
him there. The essential findings of the center, as well as the recommendations made
for his program, should be interpreted to the inmate. He should, however, be made
to realize that there may have to be some changes in his program. For example,
occasionally his assignment to an activity in which he is interested may have to be
postponed owing to lack of facilities in the institution.
The final interview is much more effective when it is done on an individual
basis. In spite of the time required, this should, if possible, be done. Through the
individual interview, the man may get a much clearer picture of what the reception
center has found out in his case and be helped to recognize his own responsibility for
making a satisfactory adjustment in preparation for release. In some correctional
systems, the interview with the individual to discuss the findings of the reception
center in his case is carried out at the time of initial classification in the transfer
institution.
The Operating Institution
The prisoner is transferred from the Reception and Diagnostic Center to the
operating institution with a tentative plan of treatment already prepared. The treatment plan is contained in the Admission Summary which is sent to the Classification
and Treatment Division of the prison for implementation. On his arrival in the operating institution, the prisoner goes to the General Service or Orientation Unit where he
is temporarily quartered pending his permanent residence assignment by the Classification Board. The stay of the prisoner in the general service unit is a sort of orientation period for him. He is given lectures on the rules and regulations; and he is
assigned to different work projects to afford him various experiences which will guide
him in the choice of a permanent vocational program.
The Classification Committee
Every prison or correctional institution has a classification committee which
carries out the treatment and training plan of the prisoner. The committee is
composed of the following:
The Warden or Superintendent Chairman
Deputy Warden for Custody - Asst. Chairman
Deputy Warden for Classification and Treatment Member
Production Manager Member
Chief, Medical Services Member

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Chaplain Member
Psychologists or Psychiatrist - Member
The personnel of the Classification Committee, as may be noted above, are
the division heads and specialists who are primarily concerned with diagnosis,
training, treatment and custody of inmates.
The Admission Classification Meeting
The purpose of the admission classification, sometimes called initial
classification meeting is to plan a program for and with the inmate, which will be
realistically directed toward his rehabilitation. The admission classification meeting
takes place shortly after the inmate's transfer to the institution from the Reception
Center. A member of the Committee, usually the caseworker summarizes the
diagnostic material, which is the Admission Summary, prepared by the Reception
Center, and presents the important factors to be considered in program planning.
Usually the prisoner; appears before the Committee so he can be available for
interview and consultation regarding major decisions to be made by the Classification
Committee on his assignments. The Committee decisions cover, all-important phases
of the inmates life in the institution. The principal decisions are as follows:
1. Custody classification - this usually determines the type of supervision and
the type of restriction under which an inmate live
2. Housing - inside or outside cell, squad room, or dormitory
3. Transfer - does the prisoner properly belong to this institution or is there
another institution in the system where he would be suitably confined?
4. Medical and Psychiatric treatment
5. Occupational or vocational training assignment.
8.
General education program
9.
Casework and social services.
10.
Religious and recreational recommendations.
The Classification Committee considers and reaches at least tentative
agreements on the profile and traits of the prisoner with which institutional personnel
who are to supervise him should be familiarized. A summary of this information and
suggestion and precautions as to his supervisions is often furnished the personnel
who will be in regular contact with him on the job, in quarters, in the recreation
program, school, or in other areas of institutional life.
Reclassification
The
prisoner appears before
the Classification
Committee periodically
after his initial classification to keep current his treatment and training program.
Human personality and behavior are constantly changing and it is essential that the
inmate's program be correspondingly adjusted in accordance with his changing
needs. The Classification committee, through constant reclassification of the prisoner,
attempts to maintain continuity and integration of the various institutional services.
Reclassification is necessary to assure that individual needs are not overlooked, and
it must continue from the time of admission classification until the inmate is
released.
The Cumulative Case Summary
In pursuing the individualized or casework method of carrying out the
treatment program of the prisoners, it is essential that a cumulative summary be
maintained for each individual. The inmate's cumulative summary starts from the
admission report and submitted by department heads of the prisoner's adjustment to
his assignments. Every significant change of status or program concerning the
prisoner is entered in the cumulative case summary. This record serves as the basis
for determining the prisoner's fitness for release on parole.
Classification Procedures Immediately
Prior to Parole or Release - When the prisoner has already served the
minimum or a considerable portion of his sentence and that his records show

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successful adjustment to his treatment program, he is scheduled to appear before


the classification committee for pre-parole interview. The purpose of this meeting is
to enable the Committee to evaluate the inmate's readiness for parole and to plan
out with him his program on parole. It may turn out that the inmate at this time is
not yet ready for parole, in which case the Board sets another date for the next preparole interview. If the inmate's case is favorable, the committee then prepares the
pre-parole report and recommends him to the Board of Pardons & Parole for release
on parole. The pre-parole report is sometimes called the pre-releases progress
report. This report outlines the treatment program of the parolee. Certain rather
specific suggestions may be made in regard to the inmate's remaining weeks or
months in the prison. Special emphasis will be given on his program thereafter when
he; leaves the institution on parole.
The Pre-Release treatment - Prerelease treatment is defined as the
program specifically planned to prepare the offender, during a limited period prior to
his release on parole. Pre-release treatment deals specifically with the transition from
artificial, regimented group life to normal, independent life of the free individual and
with the problems which this transition entails. The end of the prison term should not
only be in sight but rather close at hand before such treatment begins, otherwise,
the psychological stress of prolonged expectation would defeat the purpose of the
pre-release treatment. The very realization that he is soon to be released may
restore a greater measure of hope the prisoner than he has had since he was
sentenced, particularly if he has been deprived of liberty for a long time.
Some of the special pre-release programs now used in various countries
include:
1. Special information sessions on matters which will be important to the
prisoner on his return to the community, such as parole conditions and
employment opportunities.
2. Granting a greater freedom inside the institution which may take the
form of letting the offender wear his own civilian clothes: lodging him
in a separate quarters of the prison, possibly in a room of his own; and
giving him an opportunity to determine his leisure activities and
communicate more freely with the outside world; and generally
subjecting him to less supervision.
3. Group and individual counseling which may assist him in orienting
himself and alleviating his worries;
4. Transfer from a closed to an open institution or to a pre-release camp
which, by providing a minimum degree of supervision, enables the
prisoner to realize the trust placed in him and to live under conditions
which are considerably closer to normal life:
5. Pre-release leaves for a few hours a day or even several days to obtain
necessary documents; to find living quarters; to be interviewed by
potential employers; to visit family; and for any other purpose which
may be reasonably considered valuable for the future re-adaptation of
the prisoner.
6. Leave for work, which allows the offender to be employed in the
community, provided he returns to the institution at night.
THE CORRECTIONAL TREATMENT PROGRAMS
Goals of the Treatment Programs
Institutional programs consisted mainly of custody and some work. As the
philosophy concerning causes of crime changed, the corresponding concepts and
objectives of institutional programs also changed. Modern thinking indicates that the
prison today should be geared to protect society, and also, to rehabilitate the offender. This is long-range rehabilitation because if we succeed we will be sending the
offender back to the community as useful, law-abiding citizens for the rest 6f his life.
It is therefore, the responsibility of the institution, in rehabilitating the offender, to
constantly strive to change and improve the prisoner's attitude. To rehabilitate the
prisoner mainly by changing attitudes is the main goal of the treatment program.
Treatment services- are geared toward improving an offender's attitudes
and philosophy in life. We use education very basically and very widely as a

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rehabilitation cornerstone. Various types of education whether they are academic,


vocational or commercial, play very important roles in the formation of attitudes and
character. We use religious services and counseling in prison for the very same
reason. Recreation and leisure time programs are very instrumental also in the
treatment process, as they contribute to good physical and mental health and in
many ways are connected with the teaching process. Work is still a main treatment
tool and should be considered as an integral part of any treatment program. Other
services such as medical care, individual and group counseling as well as visits and
correspondence, are parts of treatment and each, in its own way, contributes to the
over-all treatment process.

The entire process needs individualization whenever and wherever possible.


Individualized treatment, in turn, depends upon a sound workable classification
system. Without treatment, we would only be containing people and protecting
society for a short period of time, but with treatment, the proper type for each
persons attitudes are being changed daily, and men restored to society.
The United Nations "Standard Minimum Rules for the Treatment of Prisoners
provide:
"The treatment of persons sentenced to imprisonment or a similar measure
shall have as its purpose so far as the length of the sentence permits, to
establish in them the will to lead law-abiding and self-supporting lives after
their release and to fit them to do so. The treatment shall be such as will
encourage their self-respect and develop their sense of responsibility.
"To these ends, all appropriate means shall be used, including religious care,
in the countries where this is possible, education, vocational guidance and
training, social casework, employment counseling, physical development and
strengthening of moral character, in accordance with the individual needs of
each prisoner, taking account of his social and criminal history, his physical
and mental capacities and aptitudes, hi personal temperament, the length of
his sentence and his prospects after release.
For every prisoner with a sentence of suitable length, the director shall
receive, as soon as possible after his admission, full reports on all the matters
referred to in the foregoing paragraph. Such reports shall always include report by a medical officer, regarding the physical and mental condition of the
prisoner.
"The reports and other relevant documents shall be placed in an individual
file. This file shall be kept up to date and classified in such a way that it can
be consulted by the responsible personnel whenever the need arises."
Employment of Prisoners
Prison labor was originally intended to be punitive. It was imposed on the
offender as a penalty to be suffered by him in addition to imprisonment. Thus, the
early forms of prison labor were 'not constructive. Such work as carrying stones from
one corner of the yard to the other, and digging a big well and filling it up again,
were commonly employed to punish prisoners. Later, prison labor was intended to
reduce the cost of maintenance of the institution.
The Pennsylvania- system, with its solitary confinement arid handicraft
inside the cells, and the Auburn ' system' with its congregate shops, brought about a
realization that prisoners should work for profit. The Auburn system triumphed
over the Pennsylvania system because the former proved that prisoners could be
more profitably employed in congregate shops than in solitary confinement.
In the United States there emerged six systems of prison labor, aside from
agriculture. Of the six, three were public labor systems and three were private labor
systems. In the public labor system the state retained the control of the maintenance

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and discipline of prisoners, the employment of prisoners and the sale of the products.
In the private system, however, private interests controlled at least one of them.
The six systems of prison labor are:
1. Lease System - The state turns the prisoners over to a private lease.
The latter feeds clothes, guards, and houses and disciplines the prisoners.
This system prevailed in the southern states of the United States. These
systems no longer exist.
2. Contract System - The state, under this system, retains control of the
prisoner and the contractor merely engages with the state for the labor of
the inmates, which is performed within or near the prison. The contractor
supplies the raw material and supervises the work and pays the institution
the stipulated amount for the services of the prisoners. This system no
longer exists too.
3. Price-Piece System - Under this system the contractor supplies the raw
materials and pays the state a determined amount for the work done on
each article produced. The institution retains control of the inmates
including the daily quantity of work required. This system has also been
abolished.
4. Public Account System - In the Public Account System, the state buys
the raw material, manufactures and sells the products and assumes all the
risks of conducting a manufacturing business. Today, prison-made
products cannot be sold in the open market.
5. State-Use System - Under this system, the state conducts the manufacture of the article but the use of the article is limited to state owned
institutions. The principle of the system is that the state produces articles
or merchandise for its own consumption alone and in the process, affords
the prisoner opportunities to train for a vocation.
6. Public Works and Ways System Prison labor is used in the
construction and repair of public buildings, roads, bridges, flood control,
reforestation, clearing land, preventing soil erosion, etc. The system does
not involve the application of prison labor to the production of
consumption goods.
Today, there is a general acceptance of the principle that prisoners should
work. The work program of the institution develops the morale and maintains
discipline among the prisoners. They contribute to effective security of the institution
and its population for they are particularly useful in reducing tensions and
misconduct. The remark made by a prison warden several years ago that idleness is
the workshop of the devil" still holds true. A work program that is wisely planned and
competently administered minimizes the danger of disturbances and risks that
threaten life and property. In view of these facts, it is difficult to understand why
those who are concerned with the problem of running prisons are not vitally
concerned with the problem of idleness and some ways of overcoming it
The employment of prisoner has other values. Inmates who work contribute
to their own support and it hereby reduces the tax burden on the free citizens who
are required to bear the expense of maintaining penal institutions.
Work not only lessens the boredom of intuitional life; but also is; a means
whereby many inmates maintain or regain, their self-respect.
Penologists and prison administrators believe that the principal value of employment is in the opportunities it provides for developing and reviving skills and
work habits, which are instrumental in the rehabilitation of inmates and in thensuccessful occupational adjustment in free society. Greater emphasis should therefore be given on the necessity for developing diversified types of work activity, particularly vocational and on-the-job training. The employment program, in order that
it is genuinely constructive, must be planned and conducted as an integral part of the
institution's total treatment program. It must be operated in close and continuing
liaison with the other integral phases of the correctional process. Reasonable incentive in time credits and a wage should be provided in order to encourage the prisoners to derive the benefits from participation in the employment program.

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The employment assignments of prisoners may be classified into five


general groups:
1. Unassignable or available for limited employment only - such as the new
arrivals in quarantine; prisoners who are nearly ready to leave the institution,
either on parole or at expiration of sentence and have been taken off their
jobs so that they can participate in the institution's pre-release program;
prisoners awaiting transfer to other institutions; prisoners who are in
disciplinary status or are segregated for other reasons: and hospital patients
and that portion of the prison population which may well be designated
"unemployable", including chronically ill and infirm prisoners, and also those
inmates with mental or emotional disabilities.
2. Educational assignments - including general education, vocational training
physical education.
3. Maintenance assignments - involving the use of-labor in activities relating
to the care of prisoners and upkeep of the institution properties.
4. Agricultural activities - planned to supply as much of the food
requirements of the prison as possible while furnishing training and
employment to inmates adapted to this type of work.
5. Industrial employment - necessary for those who can not be absorbed to
the preceding forms of activities, which will benefit through industries, can
contribute towards a reduction in the cost operating the institution of the
state.
United Nations Standards on Prisoners Employment
The following are provisions of the Standard Minimum Rules for the
Treatment of Prisoners and Related Recommendation on employment of
prisoners:
"Prison Labor must not be of an afflictive nature. All prisoners under sentence
shall be required to work, subject to then physical and mental fitness as
determined by the medical, officer, sufficient work of a useful nature shall be
provided to keep prisoners actively employed for a normal working day, so far
as possible the work provided shall be such as will maintain or increase the
prisoners' ability to earn an honest living after release, within the limits
compatible with proper vocational selection and with the requirements of;
institutional administration and discipline, the prisoners shall be able to
choose the type of work they wish to perform."
"The organization and methods of work at the institutions shall resemble as
closely as possible those of similar work outside institution, so as to prepare
prisoners for the conditions of normal occupational life; The interests of the
prisoners and of their vocational training 'however, must not be subordinated
to the purpose of making a financial profit from an industry in the institution.
"Preferably institutional industries and farms should be operated directly by
the administration and not by private contractors; where prisoners are
employed in work not controlled by the administration, they shall always be
under the supervision of the institution's personnel. Unless the work is for
other departments of the government the full normal wage for work shall be
paid to the administration by the persons to whom the labor is supplied,
account being taken of the output of the prisoners.
"The precautions laid down to protect the safety and health of free workmen
shall
be equally observed in institutions; provision shall be made to
indemnify prisoners against industrial injury, including occupational diseases,
on terms not less favorable than those extended by law to free workmen.
"The maximum daily and weekly working hours of the prisoners shall be fixed
by
law or by administrative regulations, taking into account local rules

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or custom in
regard to the employment of free workmen; the hours
so fixed shall leave one rest day a week and sufficient time for education and
other activities required as part of the treatment and rehabilitation of the
prisoners.
"There shall be a system of equitable remuneration of the work of prisoners;
under the system prisoners shall be allowed to spend at least a part of their
earnings on approved articles for their own use and to send a part of their
earnings to their family; the system should also provide that a part of the
earnings should be set aside by the administration so as to constitute a
savings fund to be handed over to the prisoner on his release."
Religious Services
The importance of the religious programs in prison cannot be over-estimated.
Some penal administrators hold the view that the chaplain is the most important
person in the rehabilitative set-up, of a correctional institution. It is the chaplain who
points to the prisoners their relationship to God and their fellowmen, and who by
work and example, leads them most effectively toward complete rehabilitation. Men
and nations have found that they cannot live without the guiding, sustaining and
inspiring power of religion. If this is true of people in normal society, it is doubly true
of men who are confined in correctional institutions.
Functions of the Chaplain in a Prison
The chaplain in a correctional institution performs the following functions:
1. Conduct of sacramental ministry this includes the religious services
conducted regularly and the special services connected with the
administration of baptism, confession, communion, etc. Religious worship is a
central and indispensable part of all great religions with the primary functions
of keeping man in proper relationship with God arid guaranteeing peace of
soul and happiness. In prisons and jails, it has an important secondary
function because of the beauty and dignity it introduces into the lives of
prisoners, being amid surroundings of drabness and monotony.
2. Conduct religious instructions - This includes preaching in the pulpit,
classes in the fundamentals of religion, in the bible and the fundamental
truths of the various denominations. Choir organization and training and
advanced religious training for special groups are important phases of the
chaplain's work with the prisoners.
3. Conduct of a private and personal counseling ministry this includes
interviews in his own, and visiting the men in the hospital, psychiatric ward,
punishment cells, etc. It is in private counseling that the chaplain tries to
inculcate the great lessons, which will lead to repentance, and the change of
heart so necessary for rehabilitation. It is a known fact that a chaplain of
whatever denomination enjoys the confidence of prisoners in a degree
possessed by no official of the institution. The chaplain tries to use this
confidence to promote the best interest of the individual and of the institution.
4. Ministry to inmates families and related or concerned persons many
of the tensions in a prison come from worry on the part of prisoners that they
are being forgotten by persons on the outside. A large portion of the
chaplains time will be taken up with these problems. It is almost impossible
for a man who is intensely occupied and emotionally concerned with friends
and relatives on the outside, or who is neglected by them, to consider his own
character adequately and to take steps to improve it. The chaplains concern
for the character development of the men in his charge will inevitably lead
him to reduce these outside obstacles to the minimum.
5. Ministerial service to the staff and the operational personnel just as
the prison chaplain strives to act as a pastor, guide and counselor to the

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inmates, he will willingly and conscientiously fulfill the same office towards
those who work with him in the institution.
6. Interpretation ministry to the community the chaplain is position to
perform an interpretative ministry to the community. Religious organizations
brought about the first reforms. By their efforts, prisons were changed from
places of torture to places of rehabilitation and reformation. It is a definite
part of a chaplains duty to explain the purposes of modern correctional
administration to the community at large in order to enlist their wholehearted cooperation in the objectives of present-day correctional procedures.

Administrative Responsibilities of the Chaplain


Aside from the pastoral functions of the chaplain, he performs certain
administrative jobs. As a member of the diagnostic staff of the institution, the
chaplain conducts initial religious interviews with written evaluation of every prisoner.
He is an indispensable member of the classification committee. It is not desirable
that the chaplain be a member of the disciplinary board.
It has been found helpful in many cases for the chaplain to submit in writing
to the parole board his evaluation of the individual members of his congregation. The
report will bear mainly on the prisoners activities in his religious program, but there
is no reason why he should not call attention to other factors such as change of
attitude and improved institutional adjustment generally.
Another important work of the chaplain is the ministration of the sick. He
should make arrangements with the chief of the hospital to be notified immediately if
one of his patients is laced on the critical list. Frequent visits to the hospital will keep
him in touch with men who need his assistance.
The Educational Programs
The educational program of a correctional institution is one of the most
important phases of the treatment and training of prisoners. There is no common
plan of education for all institutions. In a reformatory type of institution, where
education is primarily compulsory, the paramount emphasis is on vocation training.
In institutions for young offenders there is need for academic education at all grade
levels.
A sound correctional education program, irrespective of a type of penal
institution, should attempt to achieve the following goals:
1. To offer an inmate sufficient academic education to enable him to face the
need of the world as a better equipped person;
2. To provide vocational training so that he might take his proper place in
society and be economically free; and
3. To offer cultural and hobby activities that will enable him not only to be
better adjusted to his prison circumstances but to broaden his area of
interests and cultivate aptitudes looking forward to hi return to civilian life.
General and Academic Education In the Philippines about 60 % of men
committed to prison are functionally illiterate, that is, they test below the 5 th grade
on standardized achievement tests. In United States prisons, the rate of illiterates is
10%. The eradication of illiteracy among prisoners is one of the best contributions
that the correctional system can offer to society. Tangible results are most easily
seen in this area although it is one of the most difficult problems confronting
educators. For lack of appropriation to employ civilian teachers, inmates are usually
hired to teach in prison schools. It is as well desirable as in public schools that fully
qualified teachers in primary grades in prison should be hired. Every illiterate should
attend literacy classes until he becomes literate.
The intermediate level, which includes the fifth and sixth grades, composes
about 25% of prison admission. The educational needs for this level will attempt to

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provide a better command of the tools for more intelligent prisoners. The
intermediate education program will prepare them high school education.
The academic or high school level composes 10% to 15% all admission.
Courses for high school credit should be offered to be staffed by fully qualified
teachers, and the program of the studies should fully meet standards. Students
attending high school classes should be well selected, so that only those who are
willing and able to achieve academic goals should be allowed to pursue the program.
Vocational Education- a large portion of the prison population needs more
training and experience in the essential of earning a living. A well-designed program
of vocational education may contribute to the socialization of the prisoner as well as
to development of trade skills and knowledge.
The vocational training program of a prison should have the following
objectives:
a. The development of skills necessary for successful work in a socially
acceptable occupation.
b. Opportunities for teaching related trade information including blueprint
reading, trade science, trade mathematics, occupational information,
drafting and sketching and safety education.
c. Exploratory shop work to help certain prisoners discover their
aptitudes and interests.
d. Assistance to those with limited capacities to become better equipped
to meet the problems of semi-skilled workers in technological age.
e. Training for long-term inmates so that they may be more useful and
happier in institution assignments.
The vocational education program is usually geared to institutional
maintenance work and the prison industries projects. Institution maintenance aims
at the efficient operation maintenance of the prison and the utilization in every
possible way of maintenance work to provide on the job training to prisoners.
The prison industries projects, in order to contribute fully to the vocational
training of prisoners, should follow a policy of requiring the pre-service and on-thejob training of employees. For prisoners, exploratory and preliminary training should
be done in the vocational training shop with the systematic flow of trainees, through
the classification or assignment committee, into appropriate prison industries.
The Philippine Prison System offers several vocational courses for prisoners,
among which are radio mechanics, auto-mechanics, horticulture, shoemaking,
tailoring, carpentry, hollow block making, poultry and piggery raising and electronics.

The Recreational Programs


Recreational programs in prison are an important part of the rehabilitation
program. A good prison administrator should provide wholesome, healthy activities
for men confined in his institution. Many penal institutions are limited in this respect
due to lack of facilities, limited funds, or absence of a well-rounded program for the
inmate population.
The objectives of the recreational program are the following:
1. To provide an environment that will be conducive to the best mental and
physical development of the inmate.
2. To help the prisoners to become aware of their individual conditions and to
provide a method of improvement.
3. The development of proper attitudes and conduct necessary for cooperative
competition.
4. To arouse the interest of the prisoners in the recreational program to the
extent that they will continue this kind of activity after their release. This has

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proven to be a good morale booster and an excellent asset to the prisoners on


parole.
Usually the recreation period is conducted during free time schedule,
affording opportunity for each man to decide for himself whether or not he desires to
participate on a voluntary basis. If the inmate does not volunteer or usually join in
the sports activity he is probably the passive type and will always be a spectator. This
is the inmate who needs encouragement. A properly organized program could be the
medium of releasing the stored up tensions of the timid, withdrawn types of
individual.
The recreation program should be designed to meet the needs and interest of
all inmates. There should be provision for active, competitive sports and strenuous
activities for benefit of the physically fit. For those who, for one reason or another,
are physically incapacitated, non-participating forms of recreation should be made
available. Each prisoner should be able to find something of interest in the program.
However, he should not be forced into any activity for then it would cease to be
recreation.
A well- rounded recreation program includes the following activities:
1. Sports athletics - A wide variety of physical activities are suitable for use in
the recreation program. The program in sports and athletics is composed of
several groups such as:
a. Individual and Dual Sports - The individual sports can be carried on
with satisfaction by a single individual. Included in this group are
bowling, swimming, driving, weightlifting, track and field, and
gymnastic. Dual sports require two individuals to make playing
possible. Examples are badminton, handball, lawn bowling, paddle
tennis, etc.
b. Team sports - Team sports involve participation by four or more
persons on one team. The individual cannot participate without the
acceptance and cooperation of his teammates and opponents. Included
in this group are baseball, basketball, volleyball, football, etc.
Participation in team sports strengthens the individuals ties to proper
and accepted conduct in-group and social living activities. It develops
good character citizenship and it assimilates social and cultural
differences. Also, in team sports there are many opportunities for
people to learn desirable habits and attitudes, to develop emotional
maturity, restraint and tolerance and to strengthen personality traits,
which are important in the individual adjustment to everyday living.
Prisoners should be given ample opportunities and encouragement to
play informally by choosing their own teammates and organizing
informal competition in basketball, volleyball, softball, and similar
sports. There should be intramural competitions, and if possible the
prison team should be allowed to play against outside teams.
c. Combat sports such as boxing and wrestling will 'provide opportunities
for some prisoners to develop courage and initiative, to practice
individual action and reaction under emotional stress, to develop
emotional control and maturity and to develop respect for the
emotional feelings of others.
2. Arts and Crafts - Arts and crafts should be an integral part of the
recreational program. The fields of arts and crafts serve as outlet for human
expression and serve as a form of release for the abnormally inherent desire
to create. Among the arts and. crafts to be included in the program are
basketry, bead craft, pottery, sculpture, toy making, weaving, woodcraft and
others.
3. Music - Under the direction of a competent music instructor, many
opportunities for musical expression and appreciation can be provided such as

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the orchestra, jazz band, combo band, vocal groups, choir and glee clubs. The
inmate musical groups can be made to perform, not only before the prison
population but also to visiting groups who come to prison. They can be made
to play during ball games, Christmas and other holiday activities.
Arrangements can also be made with outside artists to entertain the prison
population.
4. Drama and literary activities There are many talents in the prison
population that, if interest is stimulated, could start a drama program. Much
therapeutic value can be derived from such a program. This is likewise true
with literary activities.
5. Special Events As means of breaking
patriotic and festival days throughout
recognized. Special programs could be
occasions: New Years Day, Independence

the monotony of prison life various


the year should be appropriately
prepared for any of the following
Day, Quezon Day, Rizal Day, etc.

6. Social Games - Social games such as checkers, Chinese checkers, chess,


dominoes, jigsaw puzzles, ping-pong, can be introduced in the recreation halls
of dormitories.
7. Club Activities - Club activities among prisoners should be encouraged in
order to develop their initiative, learn to accept responsibilities, improve their
education and keep abreast with what is going on in the community.
8. Motion pictures, Radio and Television - Motion pictures, radio and
television program should be selected in order to get the type of program that
is of interest to the prisoners. Radio and television bring the men in prison in
close contact with the outside world, which is invaluable in preparing them for
release.
The Library Services
The prison library plays an important role in the improvement of prisoners in
the practical and cultural aspects of social living. The good library either in prison or
in the outside community, means a collection of books and periodicals sufficiently
complete and well-rounded to meet, within reason, the many and varied needs and
interests of the community it serves.
The objectives of the prison library are as follows:
1. To share with other divisions of the prison, responsibilities or useful social and
vocational training of the prison population.
2. To develop among prisoners realization of the usefulness of libraries in:
a. Providing vocational information about choice of trades and chosen
trades.
b. Enlarging social and reassessing backgrounds.
c. Developing reading as a satisfying leisure-time activity.
d. Preparing by self-improvement, for release and post-prison life.
3. To provide guidance, counseling and planned reading courses, informal adult
education for all prisoners capable of sustaining reading in any useful field.
4. To lessen need for discipline and to institute measures of mental hygiene by
providing reading as a salutary release from emotional strain; as a healthy resources of idle hours, and as a positive aid, in substituting acceptable new
interests for undesirable attitude.
The Health and Medical Services
There has been a growing awareness of the states responsibilities for the
prisoner's health. Most citizens also appreciate the fact that the prisoners chances
of success on release are increased if he is not handicapped by poor health or
disabilities. The Manual of Correctional Standards published by the American
Correctional Association prescribes that every correctional institution having a
population of 1500 men should have an adequately staffed medical department

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that takes charge of the health, medical and dental services. The medical staff
should be divided into three services or departments: (a) Medicine and surgery, (b)
Psychiatry, and (c) Dentistry.
The medical and health requirements of a prisoner include mental and
physical examinations; observations, diagnosis and treatment of patients;
immunization and protection of the inmate population as well as the staff against
hazards; visiting prisoners in segregation sections; sanitary inspections,
consultations with culinary and other officials; and participation in training,
classification, disciplinary and other programs.
Sound correctional practices require complete physical and medical
examination of every prisoner on his admission to prison and also on his release.
The United Nations Standard Minimum Rules
For the treatment of prisoners requires that sick prisoners requiring specialist
treatment shall be transferred to a specialized institution or to a civil hospital. Also,
womens pre-natal care and treatment should be referred to civil hospital.
At every institution there shall be available the services of at least one
qualified medical officer who should have some knowledge of psychiatry. The
medical services should be organized in close relationship to the general
health administration 'of the community or nation. They shall include a
psychiatric service for the diagnosis, and in proper cases, the treatment of
states of mental abnormality.
Sick prisoners who require a specialist treatment shall be transferred to
specialized institutions or to civil hospitals, where hospital facilities are
provided in an institution, their equipment, furnishing and pharmaceutical
supplies shall be proper for the medical care and treatment of sick prisoners,
and there shall be a staff of suitably trained officer.
The services of a qualified dental officer shall be available to every
prisoner.
In women's institutions there shall be special accommodation for all
necessary pre-natal care and treatment. Arrangements shall be made
wherever practicable for children to be born in prison. This fact shall not be
mentioned in the birth certificate
Where nursing infants are allowed to remain in the institution with their
mothers, provision shall be' made for a nursery' staffed by qualified persons,
where the infants shall be placed when they are not in the care of their
mothers.
The medical officer shall see and examine every prisoner as soon 'as
possible after his admission and, thereafter as necessary, with a view
particularly to the discovery of physical or mental illness and the taking of all
necessary measures the segregation of prisoners suspected of infections
contagious conditions; the noting of physical or mental defects which might
hamper rehabilitation; and the determination of the physical capacity, of
every prisoner for work.
The medical officer shall have the care of the physical and mental health of
the prisoner and should daily see all sick prisoners, all who complain of
illness, and prisoners to whom his attention it is especially directed. The
medical officer shall report to the director whenever he considers that a
prisoners physical or mental health has been or will injuriously be affected
by continued imprisonment or by any condition of imprisonment
The medical officer shall regularly inspect and advise the director upon the
quality, quantity, preparation and service of food; the hygiene and
cleanliness of the institution and the prisoners; the sanitation heating,
lighting and ventilation of the institution; the suitability and cleanliness of the
prisoner's clothing and bedding; the observance of the rules concerning

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physical education and sports, in cases where there is no technical personnel


in charge of these activities
PRISON CUSTODY, SECURITY, AND DISCIPLINE
Concept of Custody and Security
One of the important phases of prison management is the custody and
control of prisoners. The rehabilitation program in prison cannot be carried out if
prisoners are not effectively controlled. The primary objective of the prison program
is security but it is not the ultimate goal. The rehabilitation of prisoners, which is the
ultimate goal of imprisonment, can be attained if the necessary structure, personnel
and methods, which provide for security, are present. Security aims at the
prevention of escapes, and control of contraband and maintenance of good order.
These objectives can be realized if custodial facilities including buildings and
equipment, walls, towers, gates, personnel and methods relating to escapes,
contraband and good order are given proper attention.
Escapes of whatever nature alarm the public. Some escapes are of the nature
of "walk away" like the absconding of minimum-security prisoners from their place of
work or residential assignments outside the walls. Surely this type of escape cannot
be as alarming as when the prisoner actually makes a break from his armed guard.
Contraband is anything found in the possession of the prisoner contrary to
rules and regulations. What constitutes contraband in one institution may not be
contraband in another institution. Therefore, in view of the non-uniformity of the
definition of contraband, every institution should provide a rulebook where articles
declared as such are clearly listed.
Custody, Security and Control
The rehabilitation program of the institution cannot be carried out if prisoners
riot or cause disturbances. A well-rounded correctional program, having for its aim
the rehabilitation of the prisoners must be correlated with arid into a system of
sound custody, security and control of prisoners. Some of the factors considered
essential in establishing sound custody, security and control of prisoners are the
following:
1. An adequate system of classification of prisoners Careful study,
diagnosis and recommendations for treatment documented into case histories
give prison workers the knowledge they need to handle inmates.
2. Inspection of Security Facilities Regular formalized inspections
reinforced by constant observation of physical plant; help assure its best use.
3. An Adequate System of Counting Inmates There must be an adequate
system of counting inmates to make certain all are present and accounted
for at prescribed periods, day and night.
4. Control of Firearm A plan for firearms control must be made, specifying
its purpose, use, safety precautions, proper inventory, storage and
standardization; all should be included in the plan for all institutions.
5. Gas Control A plan for gas control which specifies its purpose, use, safety
precautions, proper inventory, storage and standardization must be made.
6. Control of Contraband A plan for the control of contraband defines such
items and provides for their regulation.
7. Key Control - A plan for control of keys assures that all are accounted for
and under control of free personnel.
8. Tools and Equipment - A plan for control of those tools and equipment
items that pose a threat to persons or to the physical security of the plant
must be developed.

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9. Job Analysis - A comprehensive and up-to-date job analysis for all posts aids
employees in understanding their tasks.
10.Locking Devices Proper locking devices must be kept in good operating
condition.
11.Proper Cell Equipment - Proper cell equipment should be designed to
minimize the necessity of permitting custodial risks to leave their cells after
lock-in.
12.Emergency Doors - Emergency doors must be provided into housing and to
the areas where prisoners are congregated.
13.Special Emergencies - Plans should be developed and be available to place
into effect for operation during special emergencies: (a) riots (b) escape (c)
fire fighting (d) emergency lighting and stand-by power, and (e) civil defense.
The best guaranty against riots, disturbances and escapes, however, is in
well-organized program of activities inside prison designed to attain the reformation
of prisoners. Penologists considered, "Idleness is the workshop of the devil." A wellbalanced program of work, recreation and education will keep the prisoners busy and
away from mischief: On the other hand, if prisoners are idle or are treated
inhumanely they will surely escape or create disturbances.
Inspection of Security Facilities - All security
windows and locks should be examined at least once a
in good condition. Custodial officers as well as other
should be trained to observe signs of deterioration in
report immediately any weakness in the system.

facilities such as doors, bars,


week to insure that they are
employees of the institution
the security system: arid to

Counting Inmates - Prisoners should be counted four times a day or oftener.


During change of shifts, guards on duty must be certain that all prisoners are present
and accounted for. In counting prisoners at night, the guard should "see flesh and
hear voice" before recording them as present. The control room or master control
must indicate movements of prisoners, such as changes of residence or work assignments, transfers to hospital and courts.
Firearm Control - There must be a written set of rules for the control of
firearms, which every correctional or custodial personnel should know by heart.
Carelessness on the part of the employees or defects in the system of firearm control
may result to violent deaths of employees or prisoners. Employees should be taught
hew to handle all weapons they may be called upon to use. Members of the custodial
force should be required to qualify in marksmanship before entrance to duty and
every year thereafter. The armory should be located outside the prisoners housing
and activity area, and guns should not be carried within close proximity of prisoners.
The use of gas for quelling riots is becoming popular, not only because it is effective
but also because it is, humane. The custodial force, therefore should know how and
when to use tear gas bombs or grenades.
Control of Keys - The keys to cells and dormitories should never be
entrusted to prisoners. The correctional officer on duty should never enter the
housing unit of prisoners with the keys hanging on his belt. There must be proper
accounting of all keys at all times.
Control of Tools - Tools when not in use should be hanged on a shadow
board. They should only be used by inmates within enclosures or when under
supervisions.
Locking Devices - Proper locking devices must be kept in good operating'
conditions. Individual door locks to cells must be provided and the multiple locking
devices to doors of individual cells should only be used in cases of emergency such
as fire or earthquake. Inside the housing unit, there should be a grill, cage or sally
port the purpose of which is to provide a place for officers to go into without
exposing themselves to assault in case of riots.

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Special Emergencies - The prison should provide a standard operating


procedure for control of riots and for preventing fires and escapes. There should be a
master riot plan and this plan should often be placed on the dry run. This should also
be true with' prevention of fires and escapes. Every penal institution should be
provided with emergency lighting stand-by power.
Prison Discipline
Discipline in prison is commonly thought of as a procedure to prevent
escapes, riots and disorders, and punishing those involved. This is not all that
discipline attempts to accomplish in a prison. The main objective of prison discipline
is to inculcate habits, attitudes and values that will make the prisoner a peaceful and
useful member of society upon his release. Webster's dictionary defines discipline,
thus: Discipline: from the Latin, disce, to learn: discipulus, a disciple or
learner. Training, education, and instruction: the guidance and government
of conduct or practice punishment inflicted for the purpose of correction
and training.
Discipline has also been defined as a continuing state of good order and
behavior. It includes the maintenance of good standards of work, sanitation, safety,
education, personal health and recreation. It insures that persons and groups go on
time to their appointed place and that they maintain standards of conduct which are
necessary when large number of people live and work together or in any community,
institution or otherwise. The ultimate hope of institutional discipline is to develop
self-reliance, self-control, self-respect, self-discipline not merely the ability and the
desire to conform to accepted standards for individual and community life in a free
society.
Elements of Prison Discipline
1.
Morale - A high degree of morale within prison is the most valuable
aid to a good custodial program. Morale is the mental condition of individuals or
groups regarding courage, zeal, hope and confidence in the present principles and
way of life. Morale is how people feel emotionally about their way of life and the
people with whom they live. Good personnel and a good treatment program make for
good inmate morale and self-discipline, which aid in the maintaining of proper
custody and control. Good morale is not obtained by arbitrary rules of hard work
alone. It comes with the development of activities, which provide for the inmates
mental and physical needs, fair treatment, and reasonable opportunity to use his
time constructively. It requires leadership and a balance program in which work,
training, recreation and other activities are carried on with the common objective
the welfare and reformation of the individual.
2. Custody and Control
Custody is defined as guarding or penal safe-keeping. The custodial
force must be trained in custodial and security measures, locking and
counting routines, procedures for searching prisoners and their living
quarters, and prevention of contraband. The prison guard whose duties
were limited to guarding inmates and maintaining discipline is now
regarded as key personnel of the institution. The fact that he is most often
in contact with the prisoner at work, in quarters, and at school, places him
in a position where he has the greatest influence upon the prison.
Control involves supervision of prisoners to insure punctual and
orderly movement to and from the dormitories, places of work, church,
hospitals, and recreational facilities, in accordance with the daily
schedules. Control does not mean that all prisoners be under close
superv1don at all times. The use of passes and the establishment of gates
and checkpoints within the prison walls can likewise affect control.
3. Discipline the Concern of Every Prison Worker - Discipline is not the
responsibility of the custodial force alone but rather the concern of every
prison worker. The staff of the institution in all phases of the institutional
program, all of which in their special ways are contributing to the general

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discipline of the prisoners, accomplishes it. For example, the social worker
contributes towards discipline by pointing out to the prisoner his
responsibilities to his family and to the community, and showing him how
to fulfill them. Work foremen and treatment personnel encourage and
assist the prisoner to attain new goals, through purposeful work activities
and employment responsibilities.
4. Individualized Discipline - It is not enough that discipline be consistent,
reasonable, objective, firm and prompt. Since crime is multi-causative, the
techniques and services required in correctional treatment including the
administration of discipline, must be correspondingly varied and, in terms
of understanding the inmate as a person.
5. Discipline must be considered on an individual basis - the prisoner
must be carefully studied. His social, psychological, psychiatric data prior
criminal history adjustment to his institutional program and disciplinary
history must be carefully examined to see what kind of person he is, what
can reasonably be expected of him and what punishment or other
treatment methods will be most effective. Group disciplinary problems
such as gang conflicts, strikes and disturbances, should be dealt with
firmly and without hesitation or vacillation. The gang leaders or agitators
should be identified and segregated.
6. Preventive Discipline - discipline should not only be applied after a
breach of law, rule or regulation has been committed. More effective
perhaps is the application of discipline at its preventive stage. Discipline
applied after an offense has been committed is negative discipline in the
sense that in many cases punishment does not deter. The positive
approach is to work out a program of preventive discipline, which involves
prompt correction of minor deviations before they become serious
violations. Minor violations if not intentionally committed should be dealt
with by the observing guard with a reprimand or warning. Custodial
officers should bear in mind that the certainty of dealing with misbehavior
in prison is more effective in the control of prisoners than the severity of
the punishment. In many cases, correction or reinstruction of the inmate
may be achieved without .the necessity .of taking punitive action.
Preventive discipline may be used when the deviation is trivial, is due to
ignorance or lack, of understanding or the result of careless or faulty
habits. A friendly word of advice may suffice to cause a prisoner to avoid
future misbehavior. On the other hand, in a similar situation, an employee
lacking in interest and understanding approach, may by his
unprofessional, unfriendly, and even hostile attitudes and bearing,
aggravate an inmate to a point where it is mandatory to take disciplinary
action for misbehavior.
7. Good Communication: Another important element of discipline is good
communication. A good communication system, which will convey what
management wishes the prisoners done and what, the inmates feel about
the program and management important in prison management. A good
communication system will relieve the inmate's feelings of insecurity about
his situation. A good communication system is likewise essential in
effecting new changes, which affect the masses of the inmate population.
Orientation-Admission:
Good
communication
can
be
accomplished by subjecting all newly committed prisoners to undergo
admission-orientation procedures. This usually takes place at the
Reception Center. The new inmate is given orientation lectures on the
rules and regulations of the institution. He is informed of the existing
facilities of every institution within the prison system; he is told of what
the institution expects of him; and he is advised of the opportunities for
advancement that he could avail of within the institution, such as the
educational and correctional programs, the religious program, the
recreational program, and the opportunities in group development
activities.

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Manual and Rule Book: Manuals and rulebooks guide both the
prisoners and employees in the proper procedures of administration. They
should be made available for reference to the prisoners as well as the staff
at all times. The rules and regulations should be stated in as simple a
language as possible to be understood by every prisoner.
Inmate Councils: One good means of maintaining communication
in prison is the creation of Inmate Councils. The inmate council is
composed of duly elected representatives of the various housing units and
assignment groups. The council elects its officers and holds periodic
meetings. The council acts as an advisory body to the superintendent or
warden in matters of administration. The council members disseminate
major changes of policies to their constituents, and in turn transmit to
management the feelings and attitudes of the inmate population towards
any problem of the institution.
Procedures in Disciplinary Cases
Disciplinary and punitive actions are the responsibility of the deputy
superintendent for custody. In small institutions, one disciplinary officer hears
disciplinary cases, while in bigger institutions they are heard by a board of discipline.
A disciplinary board or committee is usually composed of the assistant
superintendent for custody as chairman, the physician and the psychologist as
members.
Disciplinary cases are initiated by the report of the observing officer or
employee. The report may either be a behavior report or a misconduct report. The
former type of report is intended to call attention to inmates acts and attitudes
which might otherwise be called misconduct - such behaviors as suspiciousness,
Withdrawal symptoms, lack of self-control, etc. Behavior reports also include
exceptionally good work habits, and attitudes. The negative as well as the positive
behaviors of the inmate are useful in the appraisal of what kind of person the
prisoner is. The misconduct report carries every violation of law or rules. Every case
included in the misconduct report should be investigated, and heard by the
disciplinary officer or committee. If the case is so serious as to warrant it, or if there
is danger that the offender will unduly influence witnesses, he may be placed in
confinement pending investigation but his confinement should .not be in. a.
punishment status. In the hearing, the inmate shou1d be given all opportunities to
explain his case and to call witnesses to testify on his behalf. A written record is
made of every infraction reported and how it is disposed of. Records of said
infractions are entered in the prisoners disciplinary record card.
The following are some of the punishments usually imposed on prisoners convicted by the summary or disciplinary board:
1. Counsel and reprimand - This is a mild form, of punishment imposed for
trivial offenses. To a prisoner who is aware that a clean record is: an asset
to his speedy release mere counselor reprimand is enough deterrence
against a repetition of infractions.
2. Loss of Privileges - This is one effective control of misbehavior.
Privileges are very precious to prisoners. Prisoners look forward to visiting
days, movie evenings; amateur hour program, and writing to relatives and
certainly they would not want to forfeit any of these privileges through
misbehaviors.
3. Loss of Good Conduct Time Allowance - The penal code provides that
for maintaining good record in prison, the inmate is credited with 5 days
or 8 days, up to 15 days good conduct time allowance for every month
that he serves. This allowance may be forfeited as punishment for
misconduct. However, good conduct time allowance already earned can no
longer be forfeited.
4. Close Confinement - This is resorted to in extreme cases when lighter
penalties are ineffectual. The use of solitary confinement or "bartolina" is
justified when there is danger that the offender may hurt himself or
others. It should not be considered as punishment when used "as an

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administrative measure" of preventing him from influencing witnesses or


of injury to himself or others.
5. Reduced Diet - Usually this punishment is carried out with punitive
segregation. The United Nations rules prohibit the use of this kind of
punishment unless supervised by the prison physician. Cruel and
degrading forms of punishment are also prohibited by United Nations
rules, including corporal punishment. Except when there is danger of the
inmate injuring himself or others, the use of handcuff and leg irons is
prohibited by the United Nations rules and regulations.
Counseling, Casework and Clinical Services
Counseling, casework and clinical services are essential parts of the total
correctional program. To function effectively as an integral part of the total
correctional process, professional personnel assigned to these services must clearly
understand the mission, goals and objectives of the correctional system.
Counseling is defined as a relationship in which one endeavors to help
another understand and solve his problems of adjustment. It is distinguished from
advice or admonition in that it implies mutual consent. Counseling as used in working
with offenders; encompasses the personal and group relationships undertaken by the
staff. It has its goals either the immediate solution of a specific personal problem or
a long range effort to develop increased self-understanding and maturity within the
offender. Counseling may be part of the activity of a professional casework or
psychiatric staff, but is also the proper province of the teacher, the work supervisor,
and the group supervisor, and the group supervisor. In institutions particularly, the
work and quarters, supervisors have extensive contact with and influence upon
inmate behavior. In the performance of normal job functions, counseling is used
commonly and quite often unconsciously. Voluntary participation of the offender in a
counseling relationship is desirable; but there is evidence that group programs in
which participation is mandatory can be effective.
Group Counseling Personnel - Institutions can make productive use of a
program of counseling which employs educational, custodial, and industrial,
maintenance, and other operational personnel as group leaders and give individual
attention to inmates. There is considerable untapped potential in the large numbers
of institutional personnel who can have major impact on relieving inmate tensions
and contributing to ultimate social readjustment of offenders. The most effective
informal counseling program consists of the intelligent and harmonious use of
personal relationships between staff and inmates m the operation of day-to-day
assignments in the institution. The natural small living group, such as camps,
dormitories and other small housing units~ provide an excellent setting for the
development of a counseling relationship between custodial staff and inmates, as do
small work groups or crews.
Vocational Counseling - A critical need in institutional programming is professional vocational counseling. Involved here is a technical specialty within the general counseling field, which requires broad knowledge of occupations, vocational
potentials, aptitudes and interests, and conditions of employability in the community.
Increasingly, institutions are turning their attention to vocational training and productive enterprise. This is sound, both from the standpoint of institutional activities
and job stability after the inmate is released.
To accomplish the most effective assignment, and training of inmates, each
correctional system should employ skilled vocational counselors to contribute to the
initial study and recommendations. The assessment of vocational potential can then
be used by both inmates and staff to determine initial assignment and periodic
progress review. Based upon an allotment of three hours per case in the reception
unit for review, analysis and report, there should be one vocational counselor
provided for every 40 cases per month. This would allow' approximately one-fourth
of his time for administrative duties and staff development projects.
Vocational counselors are also needed to make periodic progress reviews, to
guide occupational and training reassignments, and to give consultations to administrative staff, trade foremen vocational and academic teachers. The use of Dictionary

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of Occupational Titles can greatly simplify and considerably enhance the assignment
practices within the institution as well as the release planning for employment. Based
upon a minimum of 15 inmates per case per month, an appropriate ratio of
vocational counselors is one to every 300 inmates. This ratio allows for
approximately one half times to be devoted to administrative routine, staff
consultation, classification committee work, and other allied duties. In terms of both
short-range productivity and long-range benefits, skilled vocational counseling is an
economical use of personnel.
Casework in correctional work includes the professional services rendered by
professionally trained personnel in the description and social treatment of offenders.
Casework consists of working with one individual at a time, with the aims of:
1. obtaining clear case description or social history,
2. solving immediate problems involving family or other personal
relationships,
3. exploring carefully long-range problems of social adjustment and assisting
the individual toward acceptable solutions,
4. offering supportive guidance and information to inmates who are nearing
release from the institution,
5. offering supportive guidance and professional assistance to offenders on
probation or parole.
Casework Services
While the entire correctional process should be seen as-an integrated activity,
for logical outline, the areas for use of counselors can be divided into six sections
which have certain operational significance:
1. pre-sentence investigation (probation)
2. reception process
3. general institutional program
4. specialized use in severe disciplinary cases and segregation
5. pre-release activity
6. post-institutional care (parole)
Whatever his specific assignment, the counselor should be a person specially
trained either by graduate academic preparation or through specialized and intensive
correctional casework training programs, in the understanding of basic human needs,
problem behavior, social conditions relevant to criminality, and community and social
agency resources.
It is essential that the counselor have a broad understanding of anti-social
behavior and a general knowledge and understanding of research procedures. The
counselor should be motivated by a personal desire to assist individuals who exhibit
varying, and sometimes serious, degrees of such behavior.
As part of the casework program, relationship with colleges and universities
should be established to provide for field instruction for students and advanced
course work by full-time employees.
1. Reception Process - Case study, evaluation and description is an
essential function of the caseworker. Skills in analysis, thorough reporting,
and clear writing are essential in the production of a case history used
throughout the correctional process as a basis for program planning and
treatment. Participation in.-the orientation of the newly received inmate:
to the correctional system is also a function of the, reception unit
caseworker who may, accomplish this purpose most successfully in
groups. During reception process one function of the caseworker is to deal
with special problems, which arise during the intake period. Often this is a
time of considerable personal and family stress requiring the resolution of
economic and personal problems. Specialized casework skills in handling
new stress problems and knowledge of appropriate referral sources are
required
2. Workload Standard - A minimum standard workload figure for
processing new cases is 30 per month, for the caseworker exclusively
occupied in this area. As part of the standard, there should be a provision

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for at least one case supervisor for every six to eight caseworkers. These
workloads are based on an average allotment of approximately four hours
per case for study, description, analysis and recommendation and an
additional allowance of one-fourth work time for administrative routine
training and staff development. It is most important to recognize that the
treatment potential of the caseworkers is commensurate with the amount
of face-to-face-contact with the client. As administrative details increase,
the treatment potential correspondingly decreases. These should be
regarded as absolute minimum figures.
3. Institutional Activities - Perhaps the most basic institutional casework
activity is long-term case and group work with inmates judged to be
amenable to professional casework services. At the present time there is
insufficient knowledge upon which to determine a known percentage of
inmates who might be responsive to- the intensive casework services.
During the institutional period, the caseworker becomes involved in aiding
in-mates with a wide range of problems. Many of these concern
themselves with difficulties of institutional adjustment, but there are
others, which have their origin in the community. Among the latter are
divorce complaints, matters relating to the care and custody of minor
children, and issues concerned with handling the inmate's financial assets.
It is important to recognize that many of the latter matters may involve
the offender's legal rights and the caseworker should provide the approve
channels. The Preparation and writing of progress reports for review
towards release is also a usual and important assignment. The caseworker
also serves as a consultant to institutional line personnel. He contributes
to personnel training, and also helps interpret the treatment needs of
individuals.
4. Pre-release Activities - Pre-release planning for individual inmates and
group programming in advance of release is frequently one of the more
neglected activities in correctional administrations. Normally the counselor
will be assigned the responsibility for planning and execution of specific
pre-release programs for orientation and, information to inmates
preparing to leave the institution. These programs will stress employment,
living relationships, adjustment factors in the outside community,
recreational interests, etc.
Pre-release programming for individual inmate requires review of the
admission study and institutional progress and proper interpretation to the
field counselor and the inmate as to expected problem areas and
proposals for most effective release arrangements.
Clinical Services
Clinical services provide the most intensive diagnostic and treatment activities
aimed at
1.
discovering the causes of individual maladjustments,
2.
applying psychiatric techniques with offenders towards effecting
improved behavior
3.
offering guidance and support to other staff members in their
management of offenders
The staff members ordinarily employed in clinical services work are
psychiatrists, clinical psychologists, trained caseworkers, psychiatric nurses,
occupational therapists, and other specifically trained technicians. The clinical
services personnel are particularly concerned with offenders with deep-seated
emotional problems.
Clinical services generally include the, functions of psychiatrists,
psychologists, psychiatric social workers, and ancillary personnel such- as
-psychiatric nurses, occupational therapists, and correctional officers with specialized
training Clinical services personnel should have appropriate education and

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certification for their specialties. Where possible, residency-training programs should


be established in correctional, institutional and field activities.
In this discussion, the emphasis will be placed on describing the important
uses to which clinical services personnel can be assigned in the correctional process.
1. Reception Process - Intelligence and personality tests administered by
qualified clinical psychologists. They are required as a basic part of the
diagnostic process and program planning. Intelligence and vocational
aptitude test should be selected carefully with the psychologist's guidance,
and should be administered routinely. Serious thought should be given to
periodic supplementary testing and re-evaluation. The emotional state of
the inmate upon intake can lead to misinterpretations and faulty program
planning. Personality tests on a group basis and projecting techniques
should be administered selectively. The role of the clinical psychologists
also includes the continuing assessment of the testing battery and
introduction and modification of tests where needed.
Each inmate passing through the reception process should receive at least
a screening interview by a clinical psychologist. On a selective basis more
intensive interviews will be necessary for a proportion of the inmates. The
interview will be used as a supplement to the interpretation of the
personality and projective tests as well as intelligence scores and to assist
in the preparation of the full admission summary.
On referral, psychiatrists should make assessments of psychopathology,
organic disturbances, and other factors related to diagnosis and treatment
planning. The wide range of offender types is such that it is not necessary
to have a mental status report on every inmate. Mental status reports will
be necessary, however, for a substantial number of inmates to determine
appropriate placement and treatment plan.
2. Institutional Programs - Clinical services personnel have a significant
role in individualized and group treatment of psychotic inmates, severe
neurotics, and other individuals demonstrating bizarre behavior in the
institution or in their institution or in their history before entry. As a
minimum requirement there should be provision for full clinical service to
the population designated as psychotic and other inmates showing major
personality disturbances, which may be amenable to treatment or
psychiatric management.
As consultants, clinical personnel, including psychiatrists, psychologists,
and psychiatric social workers can play a key role in the general treatment
programs of the institution. This function would include providing
consultant services for line personnel working as counselors, for discipline
and classification committee decisions and for general programming. The
in-service training program for all personnel should include sessions on
personality theory to be conducted by clinical services personnel.
As specialized assignment, individual and group treatment by clinical
services personnel maybe provided in segregation units and to the general
population for the very difficult cases evidencing major disturbances in the
institutional community. The segregation unit thus should be seen
primarily as an adjustment center with- a close integration of custodial,
counseling, casework and clinical services activity.
Occupational therapy programs employing professionally trained
occupational therapists should be part of the institutional program for
inmates with emotional, mental or physical handicaps requiring special
attention. Workload standards should be established through consultation
with the appropriate professional associations. Where occupational
therapists have been used in both mental hospitals and prisons, there
have been dramatic examples of improvement of severely diagnosed
individuals. In addition, the occupational therapist programs are very

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useful in diagnosis and evaluation of long-term needs for inmate


programming.
3. Pre-release Activity - In preparing for release to inmates, the clinical
services group serves an important function by m akin an assessment of
psychopathology and the implications of such assessment for behavior in
the general community. In addition to the general assessment one of the
most important functions to be served by the clinical services group,
especially in cases having psychotic or bizarre histories is in the
prescription for appropriate post-release programming that is transmitted
to the parole service.
4. Post-Institutional Care - Consultant clinical services should be available
for the use of parole supervisors in assessing progress, supervision needs
for most effective parole management of large numbers of parolees
demonstrating unusual personality disturbance or with histories of
unpredictable behavior.
As part of parole treatment and management, outpatient parole diagnostic
and treatment clinics should be developed in the major metropolitan
areas. In many instances the paroling authorities are of the opinion that
men may be released with relative assurance of safety to the community
provided there is a continuing clinical assessment and treatment of
offenders with unusual histories. The functions of the outpatient clinic
would include on-going treatment of cases showing positive response and
the evaluation of especially difficult cases at the time of key decisions.
SEX PROBLEMS IN PRISON
Sex is one of the most challenging problems that confront the administrators
of our prisons today. The problem is normally related to diseases of mental
abnormality and emotional instability that emerge in definite criminal conclusions.
Despite evident progress in many avenues of correction, there are certain areas of
behavior with which the pris6n system has not been able to cope. One of them is the
problem of sexual adjustment in all institutions where inmates are deprived of social
or sexual contact.
With the exception of few prisons where conjugal visits are allowed, inmates
generally manifest deviant sexual behavior, namely: nocturnal sex dreams
(emissions), masturbation and sodomy. Male prisoner are randomly distributed
according to social status and general life style from the pauper to the opulent,
although the prisoners who make up the bulk of population are drawn from the
deprived sections of society. As a consequence, sexual experience of these men and
the meaning that sex has for them differs significantly from other sectors living in
free community.
A number of dimension of these substantial differences are to be found in the
sexual activity and attitudes of men who have differing amounts of education and
social origin. Imprisoned men and men of delinquent histories generally have wider
sexual experience than men living in conventional and non-delinquent lives.
Reasons for the Deviation
Drawing on the knowledge about the dimensions of prior sexual adjustment of
men who go to prison, the first major sense of experience is actually how little sexual
activity of any sort secure within the prison, thus, even after the shock of
imprisonment has worn off, which often for recidivist this occurs quickly, there is no
sudden burst of sexual activity of any type. Confirming these impressions are the low
order of sexual complaint as found in the list of grievances presented by the
prisoners. Partly, this is due to the tight custody in the institution and the fact that
the prisoners move and live in close proximity and except for certain moments of the
day, there is very little privacy. Another cause is man in prison finds himself without
appropriate stimuli, which suggest opportunities for sexual activity. The absence of
females and 'the absence of social situation that call for sexual responses, such as

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being out of town, ogling and drinking, serve as effective inhibitors of -sexual
responsiveness.
Homosexuality
Homosexuality is the most common form of sexual perversion in prison. Dr.
Paul Tappan states that the homosexuality is a type of sex perversion that must be
reckoned with by prison authorities because of its immensity and violent
consequences. There are two factors that encourage homosexual behavior in Prisons.
The first is deprivation of opportunity for normal sex outlet, and as a result of this
denial, Prisoners have no alternative but (1) to strive for complete continence, a
state which is very difficult for many to achieve, or (2) to indulge in onanism; or (3)
to engage in homosexual practices. The other basic factor encouraging homosexual
behavior is found in the fact that every normal person has "erotic zone" in his body
aside from his genital region which if stimulated gives the person under certain
condition, full gratification or completion of sex act. Hence, every person is
neurotically and potentially capable of gaining sexual gratification from homosexual
practices. Considering the unique situation the prisoners are placed, it is therefore
not surprising that a number of them are indulging in homosexual practices.
How Homosexuality begins
When members of one sex are gathered together in isolation from the
opposite sex many will discover homosexual practices. The tragedy in this situation is
not the act itself, but in the fact that many persons otherwise sexually normal learn
the habits of homosexual practices and experience, and carrying these practices with
them, remain homosexual by preference when they are discharged from prison or
other situation that encourage homosexuality. Homosexual persons may be divided
into two categories, (1) one composed of persons who have learned "accidentally" to
indulge in perverted acts, (2) the other composed of persons who had their
inclinations ingrained as one of their fundamental personality traits.
Characteristics of Prison Homosexuals
An obvious example of a difference between the inmate or congenital
homosexual and the average or "norrnal" person is found in reversed secondary
sex characteristics as having broad hips, a female hairline large breast, effeminate
voice and features, for male; the female invert homosexual will have a masculine
hairline and a deep voice. This, of course, is not true of the accidental homosexual.
There are indications that homosexuality is such more prevalent that many
assume. There is ample evidence that homosexual relationships are of transitory
nature, occurring perhaps only once or twice over of a unique, social situation like a
man in prison where homosexuality is prevalent.
There are varying estimates of the number of males who have homosexual
contact during their periods of confinement, but the range is probably between 30
and 45 percent, depending upon the intensity of custody in the institutions, the social
origins of the population, and the duration of individual sentence. Homosexuality in
prison is quite a different phenomenon than homosexual experience in the outside
community. In the prison context, homosexuality is an imitation of normal sex life
with the very sexual activity suggesting masculine and feminine role components,
thus a passive male prisoner submits to this sexual activity of another active male
prisoner by coercion because either of fear or indebtedness. There are other male
prisoners who have developed preferences for male companions from their own
experience and who enter prison as homosexual.
The aggressor provides protection, a measure of affection and perhaps gifts in
case of older inmates. The passive inmate provides sexual access, affection, and
other pseudo-feminine services. In cases of long-term inmates, these relationships
may be conceived as pseudo marriage resulting to a greater degree of sexual
reciprocity. To some extent, this relationship creates problems of sexual jealousy,
which erupts into violence.
Woman and Homosexuality

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Homosexual behavior is not restricted to male institution only but is found in


women's reformatories and in girls correctional institutions as well. Many of the
females sent to these places have not developed inhibitions and thus find the
situation almost unbearable. They easily turn to various forms of erotic behavior, and
as in the male institutions debauch the more sensitive and feminine of their fellow
prisoners. It is practically difficult for administrators of prisons to control this problem
in the institution largely because the inmates have more freedom than male
prisoners. Women's reformatories are usually of the cottage type with large
campuses where friendships between girls and women have very little restraint. The
sexual adjustment of women to imprisonment is then strongly linked to the general
goals to which most are socialized in the larger society. The frequencies of any
sexually ameliorative behaviors such as masturbation and homosexuality are
considerably less frequent for women than men in prison.
Female prisoners appear to form into pseudo families with articulated roles of
husband and wife. These family systems seem to arise from these sources. One
source is a process of compensation: the majority of female prisoners are from
several disordered homes and the creation of the pseudo family often compensate
for this deficiency. Another source results from the socialization of women, who
instead of forming a gang for self-defense as male prisoners do, tend to form pseudo
family. Finally, pseudo family operates to stabilize relationships in the institutions and
to establish orders of dominance and s submission among female prisoners. It is the
result of these relationships that homosexuality is being practiced by female
prisoners.
Control of Prison Homosexuals
No satisfactory solutions have been found to sex problems in prison except to
reduce the opportunities for such practices. For, instance, having only one prisoner in
each cell, providing physical exercise during the day to encourage sleep at bedtime
and by adequately supervising all congregations of prisoners where they are in the
situation which affords an opportunity for homosexual practices. Several attempts
have likewise been made to segregate, the most obvious sex, offenders especially
homosexual to be removed from the congregation but still there is a tendency to coopt other prisoners to take their place.
Probably the only long-term solution is to adopt the policy of home visits at
intervals during incarceration and to provide alternative modes of self-expression for
these social and Psychological needs because of the current structure of male prison,
result in homosexuality. The answers to homosexuality are:
1.
encourage those who actually desire to change to take psychiatric
treatment
2.
permit them unmolested to seek out their kind as they wish in free
community
3.
conjugal visit for married prisoners
Masturbation
Some of the most successful aphrodisiacs are the absence of anxiety the
presence of available sexual cues, an adequate diet, and plenty of rest. Of these,
only the latter two are commonly found in the prison environment and, in some
cases only the last one. One of the sources of sexual cues is fantasy, those
remembered or desired sexual experience that commonly serves as the basis of
masturbation, which is self-gratification. These fantasies then begin to facilitate
further masturbation and a continuing commitment of sexual outlet. Masturbation
serves primarily as a mechanical release of felt physical tension. The prisoners learn
and rehearse sexual style in the context masturbation. As it is indulged secretly, its
extent cannot be more than estimated. If the inmate is to some degree cultured, he
may turn to various avocations or hobbies like pacing his cell floor and memorizing
verses in the Bible and passages in poetry, to drain of his sexual hunger.
Sodomy

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Another sex problem prevalent in prison is sodomy. Sodomy as a


manifestation of sexual perversion is the direct result of the denial of normal contact
with opposite sex that is a part of the society outside. In a situation where
homosexuality is not practiced by inmates due to absence of passive partners or
there are no known homosexual in a cell, prisoners sometimes indulge in sodomy, or
sex relation with another male, which is a criminal offense.
Conjugal Visit
The program of involving the practice of permitting inmates, some
opportunities of normal sex life has been tried with success in several countries
throughout the world especially in Latin American countries, like Salvador, Mexico,
Columbia, Argentina and Brazil. In some countries notably Sweden home furlough,
which is the inmate's rights and not a privilege, meets the need for normal sex
practice. A policy of permitting the families of prisoners to move to a prison
compound has long been in operation in several countries. It was the practice at
least during 1930's in U.S.S.R., especially in Bolshevo prison near Moscow.
In Columbia, the inmate leaves the prison under guard, wearing civilian
clothes, wife in a certified rooming house or in his own house if he lives in the city
where the prison, specifically set aside for the purpose of the visit. Prostitutes are
banned. In Mexico City, a special hotel-like building was erected for overnight visit of
men's wives. This is likewise true in progressive Mexican "Islas Marias" prison colony
in the Pacific Ocean. Perhaps the most dignified type of conjugal visiting was
established in Argentina in 1947. In the National Penitentiary in Buenos Aires, each
inmate who maintains good behavior is entitled to periodic visits from his wife in a
specially built structure intended for the purpose.
In the United States of America such practice of conjugal visit has not been
officially sanctioned by state authorities, although clandestine conjugal visits have
existed for many years in Mississippi State Penitentiary located at Parchman in
Yazoo-Mississippi Delta, popularly known as Parchman Institution. Here, it
emphasizes not only the bringing of visitors into prison during Sunday's but it allows
the inmates to keep contact with their families by leaving the prison themselves.
Under the visiting leave program at Parchman called "Holiday Suspension Program"
each year from December 1 until March 1, selected inmates who have been in the
penitentiary at least 3 years with good behavior records may go home for a period of
10 days.
There are numerous problems that arise in connection with the privilege of
allowing conjugal visits in prison. Among them are
1. the possibility of common-law wives to visit their common-law husbands
which create resentment and jealousy on the part of legitimate wives
2. prostitutes to call on some inmates which would result to the spread of
venereal diseases
3. that it is unfair to unmarried inmates
Relatively however, this practice of conjugal helps a lot. It keeps marriages
from breaking up, reduces homosexuality, makes inmates more cooperative, helps
rehabilitate inmates, makes inmates easier to control, and makes inmates work
harder.
Conjugal Visit in the Philippines
In the Philippines, the practice of conjugal visiting was not allowed in the
earlier part of its prison system. However, the policy of the government specially the
Bureau of Prisons is to-allow the families of some prisoners who attain the status of
colonists or trustees to live with them at government expense in penal colonies such
as in Davao Prison and Penal Farm Iwahig Prison and Penal Farm, and Sablayan
Prison and Penal Farm The colonists and their families are given a piece of land to
cultivate and are encouraged to raise poultry and livestock for their own personal
use. The colony post- exchange sells their product. When released, the prisoners, if
they so desire to live in the colony, are reclassified as homesteaders and are given 6
hectares homestead lot in the Tagumpay and Tanglaw Settlements. Only Iwahig and

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Davao Prisons and Penal Farms, so far, are operating land settlements where
homestead lots are distributed to released prisoners. There are community resources
such as, school, church, recreation center, post exchange, hospital and clinics for the
colonists and their families.
THE PHILIPPINE PRISON SYSTEM
Prior to the coming of the Spaniards and immediately soon after their arrival,
the penal system of this country was jurisdictionally local and tribal. It consisted
mostly of native mores and customs administered by regional chieftains. The more
notable ones were those of Datu Sumakwel's - Maragtas Code, Code Kalantiao,
Sikatuna and others. The most extensive, the Kalantiao Code was comparable with
Greek and Roman laws of the time as well as with their contemporary Spanish and
English criminal laws.
Upon the occupation of the Philippines by the Spaniards dating as far back as
1521, and at various later dates when formal occupation of the different villages
were effected by the Spanish conquistadores the laws which were introduced in the
Philippines were the royal decrees, ordinances, rules and regulations for the
government of the colonies promulgated by the King of Spain from time to time and
later on incorporated into "Recopelacion de las Leyes de India." These were enforced
until 1887, when the Penal Code of 1870 of Spain with some minor changes, which
were recommended by the Code Committee for the Oversea Provinces (Pronvicas de
Ultramar) in order to suit local conditions, were put into effect.
By virtue of a Royal Decree of September 4, 1884, the Code thus prepared by
the Code Committee was ordered enforced in the Philippines. Some of the objections
to the enforcement of the Code were raised by the "Gobierno General" to the Minister
of Ultramar, but notwithstanding such objections, in a subsequent Royal Decree
dated December 17, 1886, the Code was ordered promulgated. The Penal Code
together with the "Ley Engiciamiento Criminal" were then enforced, both laws taking
effect four months thereafter, in accordance with the provisions of the Decree
"Legislacion Ultramarina" of March 13, 1887.
The Bilibid Prison
With the effectivity of the Spanish Penal Code in the country, it was then
necessary to establish a system of incarceration. So in 1847 the construction of the
Bilibid Prison started. This institution became the central place of confinement for
Filipino prisoners. Prior to the establishment of Bilibid Prison, prisoners were confined
in jails under the jurisdiction of Commandancias where law enforcement units were
stationed. Commandancias were established in practically every province of the
country. In 1865, the Bilibid Prison was opened by virtue of a Royal Decree of the
Spanish Crown.
The plan of the old Bilibid was such that the brigades were constructed in a
radial spoke-of-a-wheel form. For easy commanding control, a central tower was
placed at the center of spokes. This was the most important tower post then under
the command of the Officer of the Day. The brigades made of strong adobe stones
were so sturdy that even to this day, after their transfer to the city government of
Manila they still stand and are being used by the City of Manila as the City Jail.
The New Bilibid Prison
The Bilibid Prison continued as the main national prison until 1941 when it
was transferred to a new site in Muntinlupa, Rizal. The old prison had become
overcrowded because prison population increased from year to year. The Prison at
Azcarraga (now-Recto) was also fast being enveloped by the modem structural
expansion in the city so it was then necessary to move the prison from the city to a
suburban site.
In 1936, the City of Manila exchanged its Muntinlupa property of 552 hectares
with that of the Bureau of Prison lot in Manila. This Muntinlupa estate was originally
intended as the site of the Boys Training School but because it is far from Manila the

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City Government of Manila preferred the site of the old Bilibid. The Bureau started
construction of the prison in 1936. Despite, the fact that the buildings were not yet
ready, all the inmates of the Bilibid Prison in Manila were transferred to the new site
on the recommendation of the Cabinet shortly before the outbreak of World War II.
The new site occupies 552 hectares. During the war, Filipinos who were suspected as
guerrilas were sent to the New Bilibid Prison for confinement by the Japanese
Occupation Army. When Manila was liberated, Americans who were former prisoners
of war were camped in the New Bilibid Prison reservation for physical recuperation.
The Bilibid Prison is mainly - a maximum custody institution. Being the
main prison, it receives commitments from Courts of First Instance, and Criminal
Circuit Courts all over the Philippines, except those sentenced by the Courts of First
Instance and Criminal Circuit Courts of Zamboanga and Sulu who may be committed
directly to the San Ramon Prison and Penal Farm. The New Bilibid Prison has a
capacity of 3,000 Prisoners. The New Bilibid Prison operates two satellites units,
namely, Bukang Liwayway Camp and Sampaguita Camp. These two camps are
located about a few hundred meters back to the New Bilibid Prison compound. The
Bukang Liwayway Camp houses 1,500 minimum-security prisoners who work in the
various projects of the institution. In Camp Sampaguita, the Reception and
Diagnostic Center, the Medium Security Unit and the Youth Rehabilitation
Center is located.
The Medium Security Unit can handle a population of 700 prisoners who are
employed in the agricultural projects under guard escorts. The Youth Rehabilitation
Center is capable of accommodating a population of 500 inmates. This unit offers a
special treatment and training program for youthful tractable offenders. The New
Bilibid Prison specializes in the industrial type of vocational training. It operates a
furniture shop, shoe repairing shop, blacksmith and tinsmith shop, auto mechanics
and automobile body building shop, tailoring, electronics, watch-repairing carpentry,
and rattan furniture shop. It is also engaged in track gardening, poultry, piggery and
animal husbandry. The New Bilibid Prison also offers a high school course for
prisoners who desire to complete their high school education. The school is a part of
the public high school of Rizal province. Since its establishment in 1956, the school
has graduated over three hundred inmates.
The Reception and Diagnostic Center
In 1953, the Reception and Diagnostic Center was established for diagnostic study of
prisoners for more scientific rehabilitation. The Center was opened by virtue of
Administrative Order No. 11 of the Secretary of Justice. From then on the Reception
and Diagnostic Center operated as a separate institution and is housed in one
building inside the Camp Sampaguita compound in the New Bilibid Prison.

The San Ramon Prison and Penal Farm


In 1869, the authorities saw the need of establishing one prison separate
from Bilibid for those who fought the established government. So, San Ramon Prison
and Penal Farm in the southern tip of Zamboanga was established for the
confinement of political offenders. During those days a rebel who was not shot was
either sent to Guam or the Marianas or to Zamboanga. The San Ramon Prison was
named after its founder, Ramon Blanco, a Spanish captain in the Royal Army. The
purpose of this prison was for the segregation of political fecal citrates that
advocated for reforms but which reforms were rejected by the constituted
authorities. Thus, Dr. Jose Rizal who fought for reforms was considered an enemy of
the government and was imprisoned in Dapitan, also in Zamboanga.
The San Ramon Prison and Penal Farm has an area of 1,524.6 hectares. It
houses maximum, medium and minimum custody types of prisoners. Prisoners who
are directly committed, by the court to this prison are later sent to the Reception and
Diagnostic Center in the Central Office for study and diagnosis. San Ramon has an
average population of 1,200 prisoners. The principal product of the San Ramon
Prison is copra, which is one of the biggest sources of income of the Bureau of
Prisons. It also raises rice, corn, coffee, cattle and livestock.

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The Iwahig Penal Colony


On Novmber 16, 1904, Foreman R.J. Sheilds with her sixteen prisoners left
the Bilibid Prison by order of Governor Forbes who was the Secretary of Commerce
and Police, to establish the Iwahig Colonv in Palawan. The idea was hatched on the
suggestion of then Governor Luke E. Wright who envisioned it to be an institution
for incorrigibles. The first contingent, however, revolted against the authorities. They
hogtied their Superintendent, Mr. Madaras, and could have killed him were it not for
the timely succor of the Philippine Scouts stationed in Puerto Princesa. When the
Philippine Commission, by virtue of Reorganization Act 1407, created the Bureau of
Prisons on November 1, 1905, the authorities changed the policy regarding Iwahig so
that instead of sending incorrigibles, inmates who were well behaved and declared
tractable were assigned to this colony. Today, the Iwahig Penal Colony enjoys the
reputation of being one of the best open institutions in the World. Only mutual trust
and confidence between the wards and the prison authorities keep them together,
there being no walls.
At present, the Iwahig Penal Colony is a minimum custody or open institution.
It has an area of 36,000 hectares and an average population of 4,000 prisoners.
The colony is divided into four sub-colonies, namely: Sta. Lucia sub-colony,
Inagawan sub-Colony, Montible sub-colony and Central sub-colony. Each
sub-colony operates as a small institution under the management of a penal
supervisor. T
The Iwahig Penal Colony administers the Tagumpay Settlement. The
Settlement is a 1,000 hectare portion of the colony which was subdivided into 6hectares homestead lots. These lots are distributed to released inmates who desire
to live in the settlement.
One important feature of the Iwahig Penal Colony is the privilege granted to
colonists to have their families transported to the colony at government expense and
to live with them in the colonists' village. The institution maintains various
community resources such as schools, church, recreation center, post exchange,
hospital and clinics for the colonists and their families. The colonists who have their
families with them are assigned a piece of land to cultivate and are encouraged to
raise poultry and livestock for their personal use. Their products are gold by the
Colony Post Exchange. The principal products of the Iwahig Penal Colony are rice,
corn, copra, logs, minor forest products and cattle.
The Correctional Institution for Women
In 1931, the Correctional Institution for Women was established on an 18hectare piece of land in Mandaluyong by authority of Act 3579, which was passed
on November 27, 1929. Prior to the establishment of this institution, female
prisoners were confined in one of the wings of Bilibid Prisons. Later the position for a
female superintendent was created in. 1934. Correctional Institution for women is an
institution under the Bureau of Prison, managed by the female personnel, except the
perimeter guard who are male.
The Correctional Institution for Women is the only penal institution for women
in the Philippines. It has an average inmate population of 180. The institution
conducts vocational courses in dressmaking, beauty culture, handicrafts cloth
weaving and slipper making.
The Davao Penal Colony
The Davao Penal Colony was established on January 21, 1932, in accordance,
with Act No. 3732 and Proclamation No. 414, series of 1931. The first contingent of
prisoners that opened the colony was led by General Paulino Santos, its founder
and the then Director of Prisons. The area consists of 18,000 hectares, mostly
devoted to abaca.
In 1942, the Davao Penal Colony was used as a concentration camp for
American prisoners of war. The former inmates were all transferred to the Inagawan

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sub-colony in Iwahig. During the war, the Japanese devastated the colony, destroying
its buildings, machineries and industries. In August 1946, the colony was reestablished to its former productive activity by slow reconstruction. This institution is
now the main source of income of the Bureau from its vast abaca, banana, rice and
other farm industries.
At present, the Davao Penal Colony is a combination of medium and minimum
custody type of institution. The greater portions of the prison population are medium
security inmates who live in a stockade enclosed with wires. The prisoners work in
the open fields under escort guards. The Davao PenaL Colony manages the biggest
abaca plantation in the whole country. The colony is divided into two sub-colonies,
namely, the Panabo Sub-Colony and the Kapalong sub-colony.
Each sub-colony is headed by a Penal Supervisor. The Davao Penal Colony
also raises rice, corn kenaf, copra, and cattle. It has a potential of producing rice,
which will meet the needs of the whole inmate Population of the Bureau. The colony
is engaged in a joint venture with Tagum Development Company in a 3000-hectare
banana plantation for the export of banana fruits not only to Japan but also to the
Middle East countries particularly Saudi Arabia and Egypt. The colony also operates
the Tanglaw Settlement where released prisoners of said colony are relocated as
homesteaders.
The Sablayan Penal Colony and Farm
In 1954, the increase in prison population was such that there was
congestion again in the New Bilibid Prison. The New Bilibid Prison which could hold
only 3,000 had a population of 6,000 prisoners in 1954. On September 27, 19S4, the
President of the Philippines issued -Proclamation No. 72 setting aside 16,000
hectares of the virgin lands in Sablayan, Occidental Mindoro for the Sablayan
Penal Colony. The first trailblazers were the experienced colony administrators from
Iwahig Penal Colony headed by the Assistant Superintendent of that colony - Mr.
Candido Bagaoisan. Sablayan Penal Colony enjoys the reputation of being the
youngest and fastest growing colony under the Bureau.
This institution is an open or minimum-security type of institution. It has an
area of 16,408.5 hectares and has an average prison population of 1,500. Rice is
the principal product of the colony. This institution is self-sufficient in rice. It also
raises vegetables not only for the use of the colony, but also for the inmates of the
New Bilibid Prison.
Bureau of Prisons to Bureau of Corrections
The basic law on the Philippine Prison System is found in the Revised
Administrative Code, particularly Sections 1705 to 1751 of said Code, otherwise
known as the Prison Law. The Prison Law states that the head of the Bureau of
Prisons is the Director of prisons who is appointed by the President with the
confirmation of the Commission on Appointment. The Bureau of prisons has general
supervision and control of national and provincial prisons and all penal settlements",
and is charged with the safekeeping of all prisoners confined therein or committed to
the custody of said Bureau.
Section 1724 of the Law requires the Bureau of Prisons to promulgate rules
and regulations that will best promote discipline in all the national and provincial
prisons and penal institutions and best secure the reformation and safe custody of
prisoners of all classes. Section 1725 of the same law prescribes that the mode of
treatment of prisoners "shall be with humanity", and that provisions shall be made
for the segregation of juveniles from the adult offenders and those of the sexes.
Administrative Code of 1987 and Proclamation No. 495 issued on
November 22, 1989. Change the agencies' name to Bureau of Corrections
from Bureau of Prisons. The rationale behind changing the Bureaus name is to
conform to the ongoing trends of modern penology shifting from the antiquated
punitive system of incarceration to the humanistic rehabilitation approach

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Relationship of the Bureau of Prisons with Parole and Jail


Parole, jails and prisons are part of the correctional system of the state.
Prisons and parole are two separate and co-equal entities under the jurisdiction of
the Department of Justice. However, the functions of these two agencies are allied
with respect to the treatment and training of offenders, so that they should maintain
a relationship that is coordinate and advisory in nature.
JAIL ADMINISTRATION
Jails
Jails are primarily adult penal institutions used for the detention of law
violators. Its original function was the pre-trial detention of persons charged with
crime. Later it came into use for the service of shorter sentences. Today, it continues
its dual role as a place of detention for those awaiting final disposition of criminal
action and the service of short sentences of not less than three years.
Generally, Jails differ from the prisons in that the former are administered by
local governments such as municipality, city or province while the latter are
administered by the state or national government. Furthermore, jails are institutions
for the confinement of untried prisoners and sentenced prisoners serving
imprisonment of not more than three years, while prisons are institutions for the
confinement of sentenced prisoners serving imprisonment of more than three years.
History of the Jails
When the first crude system of community organization began to emerge in
the stone age, a small cave was undoubtedly designated as a holding cell for the
detention of those who violated the tribal code until the elders could gather at the
side of some nearby mountain to decide upon punishment. But when punishment
had been determined, a restraining boulder was rolled aside from the mouth of the
cave, the guilty were brought and punishment promptly meted, Until about 200
years ago, the jail was used exclusively for the detention of the accused pending trial
and imposition of punishment. The punishment imposed were torture, banishment,
exile, death, branding, Mutilation, but never imprisonment
Types of Jails the modern jail system falls into three general classes:
1. The lock-up - This is a security facility, usually operated by the police
department, for the temporary detention of persons for preliminary hearing.
Usually the period of detention does not exceed 48 hours. Persons who must
be held longer are transferred to the city or provincial jails.
2. The Ordinary Jail - In most instances this institution houses both offenders
awaiting court action and those serving short sentences, usually up to three
years. Frequently, it is the only facility available for the detention of the
juvenile offender and for the care of the non-criminal insane pending
commitment to the state psychopathic hospital. It may be administered by the
police department or by the provincial jail administration
3. The Workhouse, Jail-Farm or Camp - These institutions house minimum
custody offenders serving short sentences, usually not more than three years.
Like the ordinary jail, thy maybe operated by the city police department or by
the provincial jail administration.
Cities and provinces, which have big inmate populations, may operate the
three types of jails mentioned above.
Consolidated Jails
Ideally, jails should be used only for the detention of prisoners awaiting court
action and few short-sentence prisoners who require maximum security. Other shortsentence prisoners should be housed in special institutions such as farms, camps,
workhouse, etc., which can provide full employment, remedial services, and

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constructive leisure-time activities. The correctional treatment of sentenced


offenders requires more complete facilities and larger staff than can be provided by
the average city or provincial jail, An institution serving several jurisdiction, however,
can draw on the resources of all and with this pooling of funds can offer a planned
correctional programs for short-sentence offenders. The existing jails then can revert
to their proper function in housing prisoners awaiting trial.
Alternative to Jail Confinement
In order to solve the problem of congestion of prisoners in jail and save many
accidental offenders from becoming hardened offenders, the following alternative to
jail confinement are suggested:
1. Elimination from the jail of those who belong elsewhere. Such persons
as the chronic alcoholics, the insane, the children, the ill, the destitute, and
the other jail misfits should move out and give the prisoner a chance. These
people belong to hospitals for mentally or to foster homes.
2. Payment of fines in lieu of imprisonment. Court records and dockets are
crammed with persons ordered to jail for failure or inability to pay fines. The
application of punishment with relation to the economic status of the offenders
seems to be illogical. As long as we consider the imposition of a fine as an
appropriate measure of punishment, consideration should be given to its
payments on the installment plan.
3. Use of Probation. The use of probation in minor cases can be availed of
effectively for selected offenders as a means of reducing the jail population.
4. Wider use of approved methods of release from custody. The wider use
of bail, release on personal recognizance, paroling to the family, friends or
attorneys, is advisable in cases of a minor nature. Judges hold within their
power the extended use of these measures. They need to comprehend that jail
confinement is the least desirable of procedures.
5. Consolidation of Confinement Facilities. In many areas, adjacent
provinces and cities could give consideration to the combined use of a single
jail rather than continuing the use of several jails. This would make possible
efficiency and economy of operation and the improvement of housing facilities.
6. Establishment of Farm Units and Forestry Camps. These alternatives to
the continued employment of the typical local jail are attaining wider approval.
The states of California, Wisconsin, Virginia and numerous others are
successfully operating approved camps, farms and colonies. The county of Los
Angeles has developed a commendable jail-farm system, which is meeting
with community approval. The establishment of such units serves to provide
constructive use of labor of those confined.
7. The use of the delayed sentence. Various areas, notably Wisconsin, have
experimented with the use of the delayed sentence. Sometimes referred to as
the weekend sentence, or the night sentence this procedure permits a jail
prisoner to pursue his normal job during the week and return to the jail to
serve his sentence during non-working hours.
Jail Administration in the Philippines
Provincial Jails - Provincial Jails in the Philippines are not under the
jurisdiction of the Bureau of Corrections. They are managed and controlled by the
provincial government.
Bureau of Jail Management and Penology (BJMP) - The BJMP exercises
supervision and control over all cities and municipal jails throughout the country. The
enactment of Republic Act no. 6975 created the BJMP. It operates as a line bureau
under the Department of the Interior and Local Government (DILG).
Mission of the BJMP
The Jail Bureau shall direct, supervise and control the administration and
operation of all district, city and municipal jails to effect a better system of jail
Management nationwide.
Objectives of the BJMP

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1. To improve the living conditions of the offenders in accordance with the


accepted standards set by the United Nations.
2. To enhance rehabilitation and reformation of offenders in preparation for
their eventual reintegration into the mainstream of society upon their
release.
3. To professionalize jail services.
Principles of the BJMP
1. It is the obligation of jail authorities to confine offenders safely and
provide rehabilitative programs that will negate criminal tendencies and
restore their positive values to make them productive and law-abiding
citizens.
2. No procedure or system of correction shall deprive any offender of hope
for his ultimate return to the fold of the law and full membership in
society.
3. Unless provided otherwise, any person accused of a criminal offense shall
be presumed innocent and his rights, as a free citizen shall be respected,
except for such indispensable restraints during his confinement in the
interest of justice and public safety.
4. Offenders 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.
5. Health preservation and prompt treatment of illness or injury is a basic
right of every person confined in jail and it is the duty of jail facilities to
arrange for their treatment subject to security measures.
6. Members of the custodial force shall set themselves as examples by
performing their duties in accordance with the rules and respect the laws
duly constituted by authorities.

7. No jail personnel shall be abusive, insulting, indecent languages on the


offenders.
8. No jail personnel shall use unnecessary force on offenders except for
legitimate self-defense or in cases of attempted active and passive
physical resistance to a lawful order.
9. No penalty shall be imposed upon any offender for violation of
rules/regulations unless in accordance with duly approved disciplinary
procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no
physical punishment shall be employed as a correctional measure.
11. Members of the custodial force must understand that offenders need
treatment and counseling and the primary purpose of confinement is for
safekeeping and rehabilitation.
12. When conducting routinary custodial guarding, the ratio of 1:7, or one
guard for every 7 offenders shall be observed.
13. When the offender is in transit, the ratio of 1:1+1 for every offender shall
be observed. In case of high-risk offender that demands extra precaution
additional guards shall be employed. This manning level shall be national
in scope for effective jail administration.
Powers, Functions and Organization of the BJMP
Powers - The Bureau shall exercise supervision and control over all districts,
city and municipal jails to ensure a secured, clean, sanitary and adequately equipped
jail for the custody and safekeeping of city and municipal prisoners, any fugitive from
justice or persons detained awaiting investigation or trial and/or transfer to the
National Penitentiary, and any violent, mentally ill person who endangers himself or
the safety of others.
Functions - Inline with its mission, the Bureau endeavors to perform the
following:

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1. Formulate policies and guidelines on the administration of all districts, city


and municipal jails nationwide;
2. Formulate and implement policies for the programs of correction,
rehabilitation and treatment of offenders;
3. Plan the program funds for the subsistence allowance of offenders;
4. Conduct researches, develop and implement plans and programs for the
improvement of jail services throughout the country.
Organization and Key Positions in the BJMP
The BJMP, also referred to as the Jail Bureau, was created pursuant to Section
60, R.A. no. 6975, and initially consisting of uniformed officers and members of the
Jail management and Penology service as constituted under P.D. no. 765. The Bureau
shall be headed by a chief with the rank of Director, and assisted by a Deputy Chief
with the Rank of Chief Superintendent.

The Central Office is the Command and Staff HQ of the Jail Bureau composed
of 3 Command Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6
Personal Staff Groups namely:
1. Command Group - Chief, BJMP - Deputy C/BJMP - Chief of Staff
2. Coordinating Staff Groups
- Administrative Division
- Operations Division
- Logistics Division
- Finance Management Division
- Research Plans and Programs Division
- Inspection and Investigation Division
3. Special Staff Groups
- General Services Unit
- Health Services Unit
- Chaplain Services Unit
- Community Services Unit
- Finance Services Unit
- Hearing Office
4. Personal Staff Groups
- Aide-de-Camp
- Intelligence Office
- Public Information Office
- Legal Office
- Adjudication Office
- Internal Audit
Regional Office - At the Regional Level, each Region shall have a designated
Assistant regional Director for Jail management and Penology.
Provincial Level - In the Provincial Level, there shall be designated a Provincial
Jail Administrator to perform the same functions as the ARDs province wide.
District Office - In the District Level, where there are large cities and
municipalities, a district jail with subordinate jails, headed by a District warden may
be established as necessary.
City and Municipal Office - In the City and Municipal level, a city or municipal
Warden shall head each jail.

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Rank Classification of the BJMP


RANK
AUTHORITY

POSITION/TITLE

APPOINTING

Director
C/ Supt.
Sn. Supt.
Supt.
Chief Insp.
Sn. Insp.
Inspector
SJO 4 to
JO1

Chief of the BJMP


Deputy C/BJMP
Asst. Regional Dir.
Asst. Regional Dir.
Warden
Warden
Warden
Jail Guards

Secretary of DILG
same
same
same
Under Secretary
same
same
Chief of the BJMP

Duties and Responsibilities


WARDEN - Direction, Coordination, and Control of the Jail, Responsible for
the Security, safety, discipline and well being of inmates
The office of the warden may organize the following units:
1. Intelligence and Investigation Team - It gathers, collates and
submits intelligence information to the office of the warden on
matter regarding the jail condition.
2. Jail Inspectorate Section - Inspect jail facilities, personnel, and
prisoners and submit reports to the warden.
3. Public Relation Office - Maintain public relation to obtain the
necessary and adequate public support.
ASSISTANCE WARDEN - The office of the Assistant Warden undertakes the
development of a systematic process of treatment. He acts as the Chairman of the
Classification Board and Disciplinary Board for jails.
ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of the
jail bureau.
1. Personnel Management Branch
Assignment of personnel
Procedures of selection
Preparation of personnel reports
Individual record file
2. Records and Statistics Branch

Keep and maintain booking sheets and arrest reports


Keep an orderly record of fingerprints and photographs
Present/ Prepare statistical data of inmates

3. Properties and Supply Branch

Take charge of the safekeeping of equipments and


supplies and materials needed for the operation of the jail.
4. Budget and Finance Branch

Take charge of all financial matters such as budgeting,


financing, accounting, and auditing.
5. Mess Service Branch

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Take charge of the preparation of the daily menu,


prepares and cook the food and serve it to inmates.

6. General Service Branch

Responsible for the maintenance and repair of jail


facilities and equipments. It is also task with the cleanliness and
beautification of the jail compound.
7. Mittimus Computing Branch

Tasked to receive court decisions and compute the date


of the full completion of the service of sentence of inmates.
Mittimus is a warrant issued by a court directing the jail or prison
authorities to receive the convicted for the service of sentence imposed therein or for
detention
SECURITY GROUPS - The security groups provides a system of sound
custody, security and control of inmates and their movements and also responsible to
enforce prison or jail discipline.
Escort Platoon
a. Escort Section to escort inmate upon order of any judicial body;
upon summon of a court; or transfer to other penal institutions
b. Subpoena Section receives and distribute court summons, notices,
subpoenas, etc.
Security Platoon
A three (3) working platoon shifts responsible for over all security of the
jail compound including gates, guard posts and towers. They are also
responsible for the admitting and releasing unit.

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.
1. 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.
2. Work and Education Therapy Services - It take 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.
3. 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.
4. Chaplaincy Services - It takes charge of the religious and moral
upliftment of the inmates through religious services. This branch caters to
all religious sects.

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5. 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.
Categories of Prisoners
Municipal Prisoners - Persons who by reason of their sentence may be
deprived of liberty for not more than six months. The imposition of subsidiary
imprisonment shall not be taken into consideration in fixing the status of a prisoner
hereunder except when the sentence imposes a fine only.
Provincial or City Prisoners - Persons who by reason of their sentence may
be deprived of liberty for not more than three years or are subjected to a fine of not
more than one thousand pesos, or are subjected to both penalties; but if a prisoner
receives two or more sentences in the aggregate exceeding the period of three
years, he shall not be considered a provincial prisoner.
The imposition of subsidiary imprisonment shall be taken into consideration in
fixing the status of a prisoner hereunder except when the sentence imposes a fine
only.
All other prisoners are considered National Prisoner.

PARDON
Pardon is a form of executive clemency that is exercised by the Chief
Executive. It is an act of grace and the recipient of pardon is not entitled to it as a
matter of right. The exercise of pardon is vested in the Executive, is discretionary
and is not subject to review by the courts. Neither does the Legislative Branch of the
government have the right to establish conditions nor provide procedures for the
exercise of clemency.
History of Pardon
The exercise of the pardoning power has always been vested in the hands of
the executive branch of the government, whether King, Queen, President or
Governor. Pardon dates back to the pre-Christian era. In fact the bible contains an
illusion where a criminal was released and pardoned by the King at the time Christ
was crucified.
In England, pardon was developed out of the conflict between the King and
the Nobles who threatened their powers. Pardon was applied to members of the
Royal family who committed crimes, and occasionally to those convicted of offenses
against the royal power. It was the general view that the pardoning power was the
exclusive prerogative of the King. In England today the power to extend pardon is
vested in the Queen upon advice of the Minister of the Interior.
In the United States, pardoning among the early American colonists was a
carry-over of the English practice. The Royal governor through the power delegated
by the King exercised the pardoning power. After the declaration of Independence,
the Federal and state constitutions vested the pardoning power on the President of
the United States and the Governor in federal and state cases, respectively.
In the Philippines, the pardoning power is vested on President.
Kinds of Pardon
As practiced in the Philippines, there are two kinds of pardons, namely, the
absolute and conditional pardons.

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Absolute Pardon - is one, which is given without any condition attached to


it. The purposes of this kind of pardon are:
1. To do away with the miscarriage of justice - Under the present method of
judicial procedure justice is not guaranteed. It is possible to convict
innocent person, as it is possible for criminals to escape the hands of
justice. When an innocent convict has no more recourse through courts,
the remedy is absolute pardon. The power of the President to pardon
offenders on the grounds of innocence is rarely exercised because the
criminal procedures are liberal in granting a new trial in the case of an
offender has no more legal remedy will pardon of this nature be given. If
so exercised, absolute pardon is granted after an exhaustive investigation
is conducted and upon recommendation of the Secretary of Justice.
2. To keep punishment abreast with the current philosophy, concept or
practice of criminal justice administration - A criminal act, because of
changing scheme of social values, may become non-criminal at a later
date. Therefore, persons serving imprisonment at the time of the repeal of
the law abolishing the crime may be extended absolute pardon. For
example, a person serving imprisonment for black-marketing of gasoline
when this commodity was rationed may after the repeal of the law on
black-marketing be extended absolute pardon.
3. To restore full political and civil rights of persons who have already served
their sentence and have waited the prescribed period. The greatest
number of application for absolute pardon come from ex-prisoners who
desire to be restored their political and civil rights. In the Philippines, the
Office of the President laid down the policy to grant absolute pardon to exprisoners ten years from the date of their release from prison. Recently
the policy was relaxed, thereby shortening the waiting period of five years.
The waiting period is required to give the offender an opportunity to
demonstrate that he has established a new pattern of conduct.
Effects of Absolute Pardon
Absolute Pardon does not work to restore the right to hold public office or the
right to suffrage, unless such rights are expressly restored by the terms of pardon. A
pardon does not exempt the offender from the payment of civil indemnity imposed
upon him by the sentence. Absolute pardon totally extinguishes the criminal liability
but not the right of the offended party to enforce the civil liability against the
offender.
In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid down the
doctrine that the absolute pardon removes all that is left of the consequences of
conviction, and that it is absolute in so far it restores the pardonee to full civil and
political rights.
In another case, the supreme Court reiterated the doctrine laid down on the
Cristobal vs. Labrador case and elucidated further that an absolute pardon not only
blots out the crime but removes all disabilities resulting from the conviction; and that
when granted after the term of imprisonment has expired, absolute pardon removes
all that is left of the consequences of conviction. (Polobello vs. Palatino, 72
Phil.441 )
Differences between Amnesty and Pardon
Pardon includes any crime and is exercised individually by the Chief Executive,
while amnesty is a blanket pardon granted to a group of prisoners, generally political
prisoners.
Pardon is exercised when the person is already convicted while
amnesty may be given before trial or investigation is had.
In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court
distinguished pardon from amnesty in that, pardon is granted by the Chief
Executive and such it is a private act which must be placed and proved by the person
pardoned, because the courts take no notice thereof; while amnesty is by
proclamation with concurrence of Congress, and it is a public act which the courts
should take judicial notice. Pardon is granted to one after conviction, while amnesty

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is granted to classes of persons who may be guilty of political offenses, generally


before or after the institution of criminal prosecution and sometimes after conviction.

Limitations of the Pardoning Power


The power of the chief Executive to grant pardon is limited to the following:
1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc. 10,
Par. 2, Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation of any
election law may be granted without favorable recommendation of the
Commission of Elections. (Art. X, Soc. 2, Par. 2 Constitution of the
Philippines)
3. Pardon is exercised only after conviction.
It is an elementary principle in political law that pardon can only be given
after final conviction. Cases pending trial or an appeal are still within the exclusive
jurisdiction of the courts hence, pursuant to the theory of separation of powers, the
Chief Executive has no jurisdiction over the accused.
Conditional Pardon - Conditional Pardon serves the purpose of releasing,
through executive clemency, a prisoner who is already reformed or rehabilitated but
who cannot be paroled because the parole law does not apply to him. Thus a
prisoner serving a determinate sentence or life imprisonment is excluded from the
benefits of the parole law. However, when this prisoner has already been reformed,
he may be released on conditional pardon.
Nature of Conditional Pardon
Conditional pardon is in the nature of a contract, so that it must first be
accepted by the recipient before it takes effect. The pardonee is under obligation to
comply strictly with the conditions imposed therein, otherwise, his non-compliance
will result to the revocation of the pardon. (Art. 95, RPC). If the pardonee violates
any of the conditions of his pardon, he will be prosecuted criminally as a pardon
violator. Upon convictions, the accused will be sentenced to serve an imprisonment of
prison correctional. However, if the penalty remitted by the granting of such pardon
be higher than six years, the pardonee will be made to serve the unexpired portion
of his original sentence. (Art. 159, RPC)
How Conditional Pardon is given
Conditional Pardon may be commenced by a petition filed by the prisoner, his
family or relative, or upon the recommendation of the prison authorities. The petition
or request is processed by the Board of Pardons and Parole. The Board shall
determine if the prisoner has served a sufficient portion of his sentence; his release
is not inimical to the interest of the community; and that there is a likelihood that
the offender will not become a public charge and will not recidivate in crime. If all
these factors are favorable, then the Board will endorse the petition favorably to the
President. If the case is premature, the petitioner is so informed.
Some Guides in Pardon Selection
In determining the fitness of a prisoner for release on conditional pardon, the
following points shall be considered as guides1. The political, organizational or religious affiliation of the prisoner should be
disregarded.
2. Due (but not undue) regard should be given the attitude of the people in the
community from which he was sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison social,
economic, psychological and emotional backgrounds should be carefully
investigated.

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Conditional Pardon Distinguished from Parole


The purpose of conditional pardon and parole is the same the release of a
prisoner who is already reformed in order that he can continue to serve his sentence
outside of the institution, thus giving him the opportunity to gradually assume the
responsibilities of a free man. Both releases are subject to the same set of conditions
will subject the parolee or pardonee to be recommitted to prison. The only difference
between the two is the granting authority. In parole the granting authority is the
Board of Pardons and Parole, while in conditional pardon, the granting authority is
the President.
Conditions of Pardon and Parole
In the Philippines, the pardonee is given the same set of rules or conditions as
the parolee. Among the conditions usually imposed on pardonees and parolees are
the following:
1. That he shall live in his parole residence and shall not change his residence
during the period of his parole without first obtaining the consent of the Board
of Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he needs
not get the permission of the Board, although he may so inform his parole
officer (Municipal Judge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will reside)
or to such officer as may be designated by the Executive Officer of the Board
of Pardons and Parole during the first year once a month and, thereafter, once
every two months or as often as he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall avoid
places or persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine Constabulary or any
officer designated by the Executive Officer of the Board to visit him at
reasonable times at his place of abode or elsewhere and shall truthfully
answer any reasonable inquiries concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an orderly
manner.
7. That he shall pay not less than P50.00 a month to the cashier of the
Department of Justice in payment of the indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive Officer
may from time to time make.
Abuse of the Pardon Power and Its Safeguards
The power vested on the President by the Constitution to grant pardon is very
broad and exclusive. It is not subject to review by the courts. Neither does congress
have the right to establish conditions nor provide procedure for the exercise of
pardon. Under these circumstances, it is therefore possible that unscrupulous Chief
Executive can abuse his power. In fact, nearly every presidential election the alleged
abuse of the pardoning power has come up as campaign issue against the incumbent
President. The truth of the charge has never been investigated, but the fact that the
alleged anomaly is aired publicly is an indication that the power to grant pardon may
be abused.
There are certain safeguards, however, against the abuse of the pardoning
power. First is the constitutional provision that the President may be impeached for a
willful violation of the Constitution. This is enough deterrent for the Chief Executive
to abuse this power. Second, is the policy of the Office of the Chief Executive, ever
since the time of the American Governors General, to approve pardon cases, which
are favorably recommended by the Board of Pardons and Parole. Although this policy
does not wholly bind the President, seldom, if ever, has it been disregarded.
Is Pardon Necessary in our Penal System?
Judges are human beings and are therefore apt to commit errors. It is
possible for an innocent to get convicted, as it is possible for a criminal to escape the
hands of justice. An innocent man may not be able to present evidence to prove his

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innocence, or may not have the money to hire a good counsel. Many of our penal
laws are outmoded and are not longer kept abreast with current trends of criminal
justice administration. Judges are limited by laws to the use of discretion they may
exercise in any given case. Under any of the above circumstances, an injustice may
result, which can only be remedied by the exercise of pardon.
Ideally, all releases should be by parole. Society can only be sufficiently
protected against the ex-prisoner if the latter is released through parole or
conditional pardon. Unfortunately, not all sentences are indeterminate so that some
prisoners are deprived of the privilege of parole. Therefore, pardon is necessary for
the prisoners who do not fall under the parole law.
OTHER FORMS OF EXECUTIVE CLEMENCY
Amnesty
Amnesty is a general pardon extended to groups of persons and is generally
exercised by executive clemency with the concurrence of Congress. Usually the
recipients of amnesty are political offenders, although there are some exceptions. For
example, President Truman issued two proclamation granting amnesty to unnamed
persons, one at the end of World War II in 1945 and another at the end of the
Korean Conflict in 1952. In these cases, the persons have been convicted of crimes
against the United States but were pardoned by terms of proclamation for having
served in the armed forces for at least a year during the conflicts. Those who did so
received pardons without having to apply for them.
The Supreme Court, in the case of People vs. Santos, et al., 47 O.G. 6168,
stated that the purpose of amnesty is to bring about the return of dissidents and
recalcitrant elements of our population to their homes and the resumption by them
of their lawful pursuits, or occupations, as loyal and law-abiding citizens, to
accelerate the rehabilitation of the war-devastated country, restore peace and order,
and secure the welfare and happiness of the communities.
Amnesty looks backward and abolishes and puts into oblivion the offense
itself. It so overlooks and obliterates the offense with which he is charged that the
person released by amnesty stands before the law as though he had committed no
offense.
Amnesty is extended to convict as well as persons who have not yet been
tried by the court. Some of the proclamations of amnesty are as follows:
1.

Proclamation No. 51 This proclamation was issued


by the late President Manuel Roxas on January 28, 1948, granting
amnesty to those who collaborated with the enemy during World War II.

2.

Proclamation No. 76 This was issued by President


Elpidio Quirino on June 21, 1948, extending amnesty to leaders of the
Hukbolahap and Pambansang Kaisahan ng mga Magbubukid (PKM). The
amnesty applied to crimes of rebellion, sedition, illegal association,
assault, resistance and disobedience to persons in authority and illegal
possession of firearm.

3.

Proclamation No. 51 was issued in order to attain


the following objectives: To pardon those commited crimes against the
security of the State who have changed their hostile attitude towards the
government and have voluntarily surrendered with their arms and
ammunitions. To get the dissidents back into the fold of law abiding
citizens. To gather the loose firearms.

Commutation
Commutation is an act of clemency by which an executive act changes a
heavier sentence to a less serious one or a long term to a shorter term. it may alter
death or life sentence to a term of years. Commutation does not forgive the offender
but merely reduces the penalty of life sentence for a term of years.

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Purposes of Commutation
Some of the common uses of commutations are the following:
1. To break the rigidity of the law - Some penal laws are rigid and unusually
cruel. For example, a law making qualified theft, the stealing of young
coconuts from trees, or fish from the fishpond, or sugar cane from the sugar
cane field. Qualified theft imposes an unusually heavy penalty on the culprit,
which is greatly misappropriated to the value of article stolen. Even if the
judge would want to impose a light penalty, he could not do so because his
hands are tied by the provision of the law. The sentence in this case may be
reduced by commutations of sentence.
2. To extend parole in cases where the parole law does not apply - Commutation
enables the recipient to be released on parole when his sentence does not
allow him parole, like, for example, when the sentence is determinate or life
sentence, or when the prisoner is serving two or more sentences. The
sentence may be changed to an indeterminate sentence by commutation to
enable the recipient to receive parole after serving the minimum of the
sentence.
3. To save the life of a person sentenced to death - This is one of the most
common uses of commutation of sentence. In the Philippines, 95% of death
penalty cases are commuted to life imprisonment.
Procedures in Commutations
When the sentence of death penalty is confirmed by the Supreme Court, the
condemned man or the head of the prison system (Director of Prisons) may file a
petition for commutation. The prisoner is subjected to a social, psychological and
psychiatric examination by the Staff of the Reception Center. The inquiry will include
the sociological history of the prisoner, his criminal history, mental psychological
capacities, work history, etc., the purpose of which is to determine the degree of
involvement in crime the prisoner is in, and to determine if he deserves to be given a
new lease in life. The petition is then forwarded to the Board of Pardons and Parole,
together with the reports of examinations of the reception and Diagnostic Center and
the recommendation of the Director of Prison on the petition.
The Board of Pardons and Parole processes the petition and will deliberate on
a recommendation after a careful study of the papers, including the reports of the
Reception and Diagnostic Center. It will them forward the petition, including its
recommendation to the President. The President will then act on the petition. In
giving or denying commutation, the President may not follow the recommendation of
the Board of Pardons and Parole.
Reprieve
Reprieve is a temporary stay of the execution of the sentence. Like pardon,
the President can only exercise reprieve when the sentence has become final.
Generally, reprieve is extended to death penalty prisoners. The date of the execution
of sentence is set back several days to enable the Chief Executive to study the
petition of the condemned man for commutation of sentence or pardon.
Good Conduct-time Deductions
Conditional release is the statutory shortening of the maximum sentence the
prisoners serves because of good behavior while in prison. This is called good
conduct-time and is given by the law as motivation for good behavior while serving
sentence in prison. Article 97, Revised Penal Code, provides good conduct time
allowance to all sentences under the following schedules:
Good Conduct time allowance is automatically applied to reduce the
sentence but may be taken away from the prisoner if he fails to obey the rules and
regulations of the prison. However, good conduct time allowance may be remitted as
a reward for exceptional services the prisoner may render to the prison
administration, or after the lapse of some time when the prisoner has sufficiently
demonstrated that he has reformed.

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If the prisoner does not forfeit his statutory good conduct time allowance
through misbehavior, he is released at time earned. He is released under supervision
as if on parole and subjected to all parole condition which, if violated, will result in
the issuance of a warrant, revocation of his release, and the requirement that he
return to prison to serve the maximum term.
This form of conditional release is used in Federal, Kentucky, Kansas, North
Carolina and Wisconsin correctional institutions. The release of the prisoner is
mandatory when the accumulated time deducted from the sentence for good
behavior and work credits makes it mandatory to release the prisoner. The Board of
Parole does not participate in the selection process. This form of release does,
however, enable the parole staff to provide supervision for a period of time by which
his release has been advanced for good behavior as though the offender was on
parole. The released prisoners are subject to the regulation and control of parole.
In the Philippines, the prisoner who is released from prison after serving his
sentence less the good conduct time allowance, is released without any condition and
is considered to have served his sentence in full.
Act No. 2489, otherwise known as the Industrial Good Time Law, provides
that when a prisoner has been classified as trusty or penal colonists, he is given an
additional 5 days time allowance for every month of service. A prisoner serving life
sentence has his sentence automatically reduced to 30 years of imprisonment upon
attaining the classification of trusty or penal colonists.

PROBATION
Probation - A term coined by John Augustus, from the Latin verb "probare"
which means to prove or to test.
Probation is a procedure under which the court releases a defendant found
guilty of a crime without imprisonment subject to the condition imposed by the court
and subject to the supervision of the probation service. Probation may be granted
either through the withholding of sentence (suspension of imposition of a sentence)
or through imposition of sentence and stay or suspension of its execution. The
former generally considered more desirable.
History of Probation
The origins of probation can be traced to English criminal law of the Middle
Ages. Harsh punishments were imposed on adults and children alike for offenses that

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were not always if a serious nature. Sentences such as branding, flogging, mutilation
and execution were common. During the time of King Henry VIII, for instance, no
less than 200 crimes were punishable by death, many of which were minor offenses.
This harshness eventually led to discontent in certain progressive segments of
English society concerned with the evolution of the justice system. Slowly, yet
resolutely, in an effort to mitigate these inhumane punishments, a variety of
measures were devised and adopted. Royal pardons could be purchased by the
accused; activist judges could refrain from applying statuses or could opt for a
lenient interpretation of them; stolen property could be devalued by the court so that
offenders could be charged with a lesser crime. Also, benefit of clergy, judicial
reprieve, sanctuary, and abjuration offered offenders a degree of protection from the
enactment of harsh sentences.
Eventually, the courts began the practice of "binding over for good behavior,"
a form of temporary release during which offenders could take measures to secure
pardons or lesser sentences. Controversially, certain courts in due time began
suspending sentences.
In the United States, particularly in Massachusetts, different practices were
being developed. "Security for good behavior," also known as good aberrance, was
much like modern bail: the accused paid a fee as collateral for good behavior. Filing
was also practiced in cases that did not demand an immediate sentence. Using this
procedure, indictments were "laid on file" or held in abeyance. To mitigate
unreasonable mandatory penalties, judges often granted a motion to quash based
upon minor technicalities or errors in the proceedings. Although these American
practices were genuine precursors to probation, it is the early use of recognizance
and suspended sentence that are directly related to modern probation.
Two names are most closely associated with the founding of probation:
Matthew Davenport Hill, an 18th century English barrister and judge, and John
Augustus, a 19th Century Boston boot-maker.
As a young professional in England, Hill had witnessed the sentencing of
youthful offenders to one-day terms on the condition that they be returned to a
parent or guardian who would closely supervise them. When he eventually became
the Recorder of Birmingham, a judicial post, he used a similar practice for individuals
who did not seem hopelessly corrupt. If offenders demonstrated a promise for
rehabilitation, they were placed in the hands of generous guardians who willingly
took charge of them. Hill had police officers pay periodic visits to these guardians in
an effort to tack the offender's progress and to keep a running account.
John Augustus, the "Father of Probation," is recognized as the first true
probation officer. Augustus was born in Woburn, Massachusetts, in 1785. By 1829,
he was a permanent resident of Boston and the owner of a successful boot-making
business. It was undoubtedly his membership in the Washington Total Abstinence
Society that led him to the Boston courts. Washingtonians abstained from alcohol
themselves and were convinced that abusers of alcohol could be rehabilitated
through understanding, kindness and sustained moral suasion, rather then through
conviction and jail sentences.
In 1841, John Augustus attended police court to bail out a "common
drunkard," the first probationer. The offender was ordered to appear in court three
weeks later sentencing. He returned to court a sober man, accompanied by
Augustus. To the astonishment of all in attendance, his appearance and demeanor
had dramatically changed. Augustus thus began an 18-year career as a volunteer
probation officer. Not all of the offenders helped by Augustus were alcohol abusers,
nor were all prospective probationers taken under his wing. Close attention was paid
to evaluating whether or not a candidate would likely prove to be a successful
subject of probation. The offender's character, age and the people, places and things
apt to influence him/her were all considered.
Augustus was subsequently credited with founding Investigations, one of
three main concepts of modern probation, the other two being Intake and
Supervision. Augustus, who kept detailed notes on his activities, was also the first to

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apply the term "probation" to this process of treating offenders. By 1858, John
Augustus had provided bail for 1,946 men and women, young and old. Reportedly,
only ten of this number forfeited their bond, a remarkable accomplishment when
measured against any standard. His reformer's zeal and dogged persistence won him
the opposition of certain segments of Boston society as well as the devotion and aid
of many Boston philanthropists and organizations. The first probation statute,
enacted in Massachusetts shortly after this death in 1859, was widely attributed to
his efforts.
Following the passage of that first statute, probation spread gradually
throughout the United States and subsequently to many other countries. The juvenile
court movement contributed greatly to the development of probation as a legally
recognized method of dealing with offenders. The first juvenile court was established
in Chicago in 1899. Formalization of the concept of Intake is credited to the founders
of the Illinois juvenile court. Soon after, thirty states in turn introduced probation as
a part of juvenile court procedure. Today, all states offer both juvenile and adult
probation. The administrative structure of probation varies widely from state to state.
In some states, probation and parole are combined. There are state-administered
probation systems and locally administered systems. In New York, probation is
locally administered under the general supervision of the state.
Probation in New York State had its official beginning in 1901, with the
enactment of the first probation in the state. One of the commission's
recommendations in its report to the Legislature resulted in the creation of the New
York State Probation Commission in 1907. Until the late 1920s, this commission
coordinated probation work in various parts of the state, encouraging the statewide
development of probation services, the planned and promoted standards of practice,
and guidelines for monitoring local probation services.
In 1917, a State Division of Probation was established within the NYS
Department of Corrections, and in 1928 the Office of the Director of Probation was
created. The State's Division of Probation remained within the Department of
Corrections until 1970 when it was organized as a separate state agency within the
Executive Department. The Director of the NYS Division of Probation then became a
gubernatorial appointee, directly accountable to the governor.
As a result of additional statutory changes, local probation departments, which prior
to the early 1970s were responsible to the judiciary, followed they NYS Division of
Probation's lead. In 1974, all local probation directors were made accountable to
their respective chief county officials, or in the case of New York City, the mayor.
In 1984, the Classification/Alternatives Law expanded the authority of the
state division. The name was changed to the New York State Division of Probation
and Correctional Alternatives, enhancing the division's ability to foster the
development and effective implementation of local community-based corrections. A
present, the New York City Department of Probation is second only in size to the Los
Angeles County department.
History of Probation in the Philippines
Probation was first introduced in the Philippines during the American colonial
period (1898 - 1945) with the enactment of Act No. 4221 of the Philippine
Legislature on 7 August 1935. This law created a Probation Office under the
Department of Justice. On November 16, 1937, after barely two years of existence,
the Supreme Court of the Philippines declared the Probation Law unconstitutional
because of some defects in the law's procedural framework.
In 1972, House Bill No. 393 was filed in Congress, which would establish a
probation system in the Philippines. This bill avoided the objectionable features of Act
4221 that struck down the 1935 law as unconstitutional. The bill was passed by the
House of Representatives, but was pending in the Senate when Martial Law was
declared and Congress was abolished. In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18 technical hearings over a period of
six months, the draft decree was presented to a selected group of 369 jurists,
penologists, civic leaders and social and behavioral scientists and practitioners. The

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group overwhelmingly indorsed the establishment of an Adult Probation System in


the country.
On 24 July 1976, Presidential Decree No. 968, also known as Adult
Probation Law of 1976, was signed into Law by the President of the Philippines. The
operationalization of the probation system in 1976-1977 was a massive undertaking
during which all judges and prosecutors nationwide were trained in probation
methods and procedures; administrative and procedural manuals were developed;
probation officers recruited and trained, and the central agency and probation field
offices organized throughout the country. Fifteen selected probation officers were
sent to U.S.A. for orientation and training in probation administration. Upon their
return, they were assigned to train the newly recruited probation officers. The
probation system started to operate on January 3, 1978. As more probation officers
were recruited and trained, more field offices were opened.
Role of Probation in the Correctional System
Probation is a part of the correctional system. It cannot be properly
considered as an independent subject. It is only a phase of penology, and therefore,
it must be viewed in its relation to other aspects of the enforcement of the criminal
laws and its proper perspective. It is a part of an entire structure and only a single
feature of a well-rounded correctional process. Probation is a form of treatment of
the convicted offender. It is not a clemency, pity or leniency to the offender, but
rather a substitute for imprisonment. There are some offenders who must go to
prison for their own good and for the good of the society because their presence in
the community constitutes a threat to law and order. Other less inured to crime can
remain in the community after conviction where they are given a chance to conform
to the demands of the society. Probation is compared to an out-patient. The outpatient does not need to be confined in a hospital because his sickness is not serious.
However, the patient must remain under the care and supervision of his family
physician in order that his sickness will not become serious. Similarly, the
probationer does not need to go to prison, but he should remain under the
supervision and guidance of his probation officer in order that he will not become a
more serious offender.
Probation is given in cases that the ends of justice do not require that the
offender go to prison. This is also when all the following circumstances exist: that
there is a strong likelihood that the defendant will reform; that there is a little danger
of seriously injuring or harming members of the society by committing further
crimes; that the crime he committed is not one that is repugnant to society; that he
has no previous record of conviction; and that the deterrent effect of imprisonment
on other criminals is nit required. The person who is placed on probation is not a free
man because he is required to live within specified area. He is deprived of certain
rights and privileges of citizenship, but he retains some other rights and is entitled to
the dignity of man.
Purpose of Probation
The Wickersham Reports in 1931 (Report of the National Commission of Law
Observance and Enforcement, page 146 of Report No. 9) states the purpose of
probation as follows:
1. Probation, like parole and imprisonment, has as its primary objective the
protection of society against crime. Its methods may differ, but its broader
purpose must be to serve the great end of all organized justice the
protection of the community probation is an extension of the powers of the
court over the future behavior and destiny of the convicted person such as is
not retained in other dispositions of criminal case
2. in probation ( there ) is the recognition that in certain types of behavior
problems which come before the courts confinement may be both an
unnecessary and an inadequate means of dealing with the individuals
involved; unnecessary because in that particular case the end sought, i,e.,
the protection of society, may be achieved without the cost of confinement,
and inadequate because the prison sentence may create difficulties and

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complications which will make more, rather than less, doubtful


reinstatement of that particular individual as a law-abiding citizen.

the

Advantages of Probation
Probation is more advantageous than imprisonment. In probation, the man is
spared the degrading, embittering and disabling experience of imprisonment that
might only confirm them in criminal ways. On the other hand, the offender can
continue to work in his place of employment. Family ties remain intact, thus
preventing many a broken home. Also, probation is less expensive which is only one
tenth as costly as imprisonment. To the extent that probation is being used today
about 60% of convicted offenders are given probation this type of sentencing
therefore, will greatly relieve prison congestion. Chief Justice Taft of the United
States Supreme Court in a case decided by that Court mentioned the purpose of the
federal Probation Act as follows:
The great desideratum was the giving to young and new violators of law a
chance to reform and to escape the contaminating influence of association with
hardened or veteran criminals in the beginning of the imprisonment Probation is
the attempted saving of a man who has taken one wrong step and whom the judge
think to be a brand who can be plucked from the burning at the time of the
imposition of the sentence.
ADMINISTRATIVE ORGANIZATION OF PROBATION
During the early stages of probation the appointment of probation officers and
the administration of probation services were considered as court functions. Later,
probation service was provided to serve all courts within a City or County such courts
as juvenile, domestic, municipal and criminal. In this type of probation service, the
probation officers are appointed by the Civil Service Bureau or Commission. In recent
years there has been a trend toward a state integrated probation and parole service
for:

Personality: He' must be of such integrity, intelligence, and good judgment


as to command respect and public confidence; Because of the importance-of
his quasi-judicial functions, he: must possess the equivalent personal
qualifications of high judicial officer. He must be forthright, courageous and
independent. He should be appointed without reference to creed, color, or
political affiliation.
Education: A board member should have an educational background broad
enough to provide him with knowledge of those professions mostly closely
related to parole administration. Specifically, academic training which has
qualified the board member for professional practice in a field such as criminology, education, psychiatry, psychology, social work and sociology is desirable. It is essential that he have the capacity and desire to round out his
knowledge, as effective performance is dependent upon an understanding of
legal processes, the dynamics of human behavior, and cultural conditions
contributing to crime.
Experience: He must have an intimate knowledge of common situations and
problems confronting offenders. This might be obtained from a variety of
fields, such as probation, parole, the judiciary, law, social work, a correctional
institution, a delinquency preventive agency.
Others: "He should not be an officer of a political party or seek or hold elective office while a member of the board."
PAROLE SYSTEM

The Board of Parole should be vested by law wide latitude of powers, which
include the following:
1. To set terms of parole.
2. To decide who shall be released on parole from among all inmates eligible.
3. To determine the date of release.

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4. To decide revocation of actions.


5. To administer the agency responsible for parole supervision sometimes.
Institutional Parole Officers
In the preparation of cases for parole deliberation/the Board of Parole is aided
by a sufficient number of institutional classification and parole officers. These personnel work closely as liaison officers between the board of parole and the prison,
and are in close contact with the parole officers in the field who supervise the
parolees after release.
The institutional classification or parole officer keeps up-to-date the running
case summary of the prisoner and makes said records available to the parole boards
from which it can base final parole action. He is responsible for the preparation the
admission summary of the prisoner, which includes the record of the present and
previous criminal offenses, a social history; religious history psychological and
psychiatric study, employment and educational accomplishment; and complete
analysis of the community arid situation: The institutional parole officer submits
"progress reports" on the prisoners' program and training as the inmates serve their
sentences.
Administrative Structure
There are four plans or structures by which parole is administered, namely:
1.

The parole board serves as the administrative and


policy-making board for a combined probation and parole system. Most of
the states of the United States fall under this plan.
2.
The second plan that parole board administers the
parole service only.
3.
The third plan is that the parole services are
administered by the department which administers the prison and other
correctional institutions and which department may or may not also
include the parole board.
4.
The fourth plan is that the parole services are
administered by the state correctional agency, which also administers
probation and penal institutions.
The parole system in the Philippines falls under the third plan.
Generally a parole office headed by an executive officer called Parole Administrator
or Chief Parole Officer administers parole. The Chief of the Parole Office executes the
policies formulated by the Board of Parole, and carries out the functions of parole. A
parole agency has two important units or subdivisions aside from the administrative
and other auxiliary service units. The principal subdivisions are the investigation and
Supervision Divisions.
Parole Investigation
The investigation unit of a parole agency is responsible for conducting preparole investigations. The purposes of pre-parole investigation are (1) to bring the
case history facts up to date, and (2) to verify parole plan or work and residence.
Parole Selection
One of the most important functions of the Investigation Division is to help
the parole board in the selection of prisoners for parole. This cannot be determined
merely by the length of time served. If a prisoner is paroled too soon and while still
maladjusted, he may fail and return to prison. On the other hand if the prisoner is
retained too long, he may be embittered, depressed, become apathetic or get
discouraged, so" that when released he may fail to reestablish himself, adequately in
society. The institutional record a one cannot be used as an index of a prisoner's
readiness for parole because some men with deeply and socially dangerous patterns
of criminality are shrewd enough to maintain a good institutional record and yet be
actually among those with the poorest likelihood to succeed on parole.

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In determining readiness of a prisoner for release, the program of treatment


and training of the prisoner in the penal institution should be coordinated with his
-program when released. The prison staff and parole bureau should coordinate in
preparing the detailed program of the prisoner, both in prison and on parole. One
way of achieving coordination between the two agencies, the prison and the parole
bureau, is to provide "institutional parole" officers who understand the problems of
parole -supervision and can work effectively with the parole bureau.-Another way to
effect coordination between the prison and the parole bureau is to assign parole
officers from the staff of the latter agency to work in the penal institutions. Under
this arrangement the parole officer participates actually in the classification and
casework program of the prison and is responsible for the evaluation of the inmates
program from the standpoint of its usefulness after release.
Tools in Selection
Three documents need to be prepared by the institutional staff to assist the
paroling authorities and the parole bureau their work with individual prisoners. They
are:
1.
2.

committee

3.

the pre-board summary;


the parole referral summary

of

the

classification

the final pre-release progress report.

The Pre-Board Summary - This document is prepared by the institutional


parole officer. It a brief summary of the inmate's case, including his case history and
the salient points, which are considered necessary whether or not, parole is to be
granted.
The Parole Referral Summary - This document is prepared by the prison's
classification committee for the use of the parole bureau. The purpose of this
summary is to indicate to the field (parole) workers what the staff of the prison
considers to be essential for the best interest of the parolees and the protection of
the society. It contains an appraisal of the prisoner's personality and his needs for
adjustment upon return to society.
Pre-release Progress Report - the institutional Classification Committee
also prepares this document. In this report, the professional contributions of the
Reception-Guidance Center and of the institution are brought together for greatest
usefulness at pre-release. The pre-release progress report is used by the Parole
Board as guide in determining the prisoner's eligibility for parole and in preparing his
parole program. It outlines the treatment program of the parolee. While the report
contains certain suggestions on the prisoner's program during the remaining weeks
of his stay in prison, special emphasis is given to his program when he leaves the
institution in terms of success after release. The parole officers use it as reference
and guide when the inmate is brought in for personal appearance to formulate with
the parole officer a program for parole.
Contents of the Parole Referral Summary
1. The

general background and present status of the inmate.


Local status with regard to release
Previous criminal behavior in relation to parole situation.
Social history (including family relations, social welfare assistance and
use of leisure time.)
Personality adjustment in prison (including appraisal of disciplinary
record.)
Other matters.
2. Report of Institutional Program
Treatment of personality maladjustment
Vocational training
Academic education
Medical treatment
Recreational activities (including hobbies.)

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Religious interest
Other matters.
3. The Inmates own plans and concern over parole
Preferred place of residence
Type of work desired.
Family relations.
Problems anticipated by inmate.
Other matters
4. Comments by the compiler of the report.
5. The staff recommendations.
Level of supervision (maximum, medium, minimum).
Residence
Work
Program (education, religion, recreation, etc.)
Special needs (medical, financial, etc.)
Other matters.

The Importance of the Parole Referral Summary


The parole referral summary represents the final evaluation of the effect upon
the inmates of this investment in their welfare by society. The parole referral
summary is sent to the field officers of the parole bureau. This document represents
a general plan for the care and treatment of the parolee. Circumstances may require
modifications of the recommendations contained by the paroling agency, yet the
parole referral summary remains the basic clinical document for the determination of
the man's program upon release, since it represents a comprehensive study by the
institutional staff of his entire life.
Pre-Parole Investigation
The primary duty of the parole board is the proper selection of prisoners to be
released on parole. It is the prime concern of the board to determine whether parole
applicants are capable of living in the community and remaining at liberty without
violating laws. It must also determine whether the release of the prisoner is compa tible with the welfare of society.
The investigation division of the parole office takes charge of making a preparole investigation for reference and guidance of the board in the proper selection
of prisoners for parole. The parole officer making the pre-parole investigation collates
all in formations regarding the inmate contained in various documents or reports,
namely, the comments from the sentencing judge, comments from the prosecuting
fiscal, _and a further analysis of the many studies and contacts made by the trained
prison staff during the period of the inmates imprisonment.
The institutional reports consist of psychiatric and psychological reports', the
social history of the prisoner prepared by the sociologist, educational report evidence
of wanting to reform, conduct while in prison, attitude and other contributory factors.
In determining the fitness the prisoner for parole, the parole board should likewise
look into the negative factors which may disqualify the prisoner for parole, such as
the adverse feeling of the community toward his release on parole, and unstable
family situation, lack of employment; opportunity or unsatisfactory record of
previous employment history of failure to support family or dependents properly;
lack of: responsibility, record of nomadism, alcoholism lack of home sites, and
antisocial 'nor immoral acts. The parole board should likewise consider the favorable
or unfavorable reports of the field supervising parole officer on the parole plan for
the prisoner since this officer makes last minute verification on arrangement
regarding residence, selection of parole adviser, and prospective employment.
Parole Hearing How Conducted
Parole hearings may be commenced by a written petition of the prisoner or by
his relatives. In an institution where casework method is highly developed, there is

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no need for the prisoner to file a petition since the institutional classification
committee, motu propio initiates parole proceedings the moment the prisoner
becomes eligible.
Several methods are used in selecting prisoners for parole. Some boards of
parole conduct interviews in the prison with the entire membership present to
interrogate the prisoner. In some jurisdictions, the board does not conduct interviews
with the prisoners but depends solely on the recorded material. In the United States
Board of Parole, the board does not meet en bane to interview the prisoner. Instead,
each of the five board members interviews all prisoners eligible for parole in a
particular institution. His interviews are recorded in verbatim He prepares a complete
resume and analysis of case. His findings are contained in the detailed summary,
which he prepares after the interview. The other members of the board who may or
may not concur with his recommendation review this summary.
Cases of prisoners serving more than five years or cases wherein a major
policy is involved, and cases offering difficult factors in planning are resolved by the
board en bane.
The date of release of a parolee does not take place earlier than one month
nor exceed six months from the date parole is granted. This will give sufficient time
for the supervising parole officer to complete and verify the parole release plan. Only
in exceptional cases are parolees granted immediately upon approval by the board.
Cases that are denied by the board may be rescheduled for hearing after at least six
months from the date of denial.
Coordination of Probation, Prison, and the Parole Program
In recapitulation it may be here emphasized that the three principal
correctional agencies, namely, probation, prison and parole, should be coordinated.
The reason for this is that since the three correctional services aid the same persons,
each service should know the experiences of the others and their efforts with
individuals. The pre-sentence investigation prepared for the use of the court, is
invaluable to the prison officials who must treat the person committed to prison. This
report is used by the classification committee of the prison as guide in carrying out
the prisoner's treatment and training program. When the prisoner is ready for parole
consideration, the parole board finds the pre-sentence investigation report very
useful in deciding, on parole. When the prisoner is paroled, the prison officials furnish
the parole officer with a progress report pertaining to the changes in. health,
acquisition of new skills and other attainments.
The parole, officer serves as a good liaison between the prison and the parole
board on the one hand, and the community on the other hand. He interprets the problems and needs of the prisoner to his family, his prospective employer and the
community for the eventual return of the prisoner.
The correctional service may be_ compared to the medical service. Probation
is the equivalent of the out-patient service. Probation officer deals with the offender
just as the family physician treats the patient at home. The more serious offenders
are committed to prison just as patients requiring operation or special care have to
be sent to the hospital. When the prisoner has served his minimum sentence or has
stayed in prison long enough and believed to be already reformed, he is released
under the care and supervision of a parole officer. Likewise, when the patient
becomes ambulatory, he returns home to the care of the family physician. If all goes
well in the community as planned, there is no need for him to return to the hospital
for further treatment.
Failure to integrate these three branches of the correctional service
probation, prison, and parole, obstructs the speedy reformation of the offender and
is costly to the government. These three agencies should be integrated as parts of a
full-coverage policy of corrections and they should operate in harmony with a single
objective: the wholesome rehabilitation of the offender.
Parole Supervision (Organization and Regulational Aspects)

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The supervision of parolees is one of the most important aspects of the whole
rehabilitative process. The character of the supervision largely determines the
success or failure of any given case. Supervision of parolees has three aspects:
organizational, regulational and operational.
Organizational aspect
The Federal government of the United States combines parole supervision
with
probation supervision. It has no parole field service hence
parolees are turned over to the district court probation officers for supervision.
Some big states have centralized parole supervision services. This sort of
centralized parole supervision service may involve district offices, with parole officers
working out of them, but all of these services are controlled and budgeted from a
central state office. In smaller states that do not justify establishment of district
offices, parole officers are assigned to cover certain territories usually covering
several counties and are directed from the central office. In a few jurisdictions,
parole supervision is an adjunct of the prison because a centralized parole service is
not economically justified.
Recently, federal and state laws were passed providing for parole and
probation compacts, whereby states enter into reciprocal agreements to allow a
parolee or probation to be supervised by another state.
Some centralized parole supervision units are separate state units or bureaus
under the department of welfare or division within the department of corrections.
Sometimes they are a part of the total parole board organization.
Regulational Aspect of Parole Supervision
The regulational aspect of parole consists of several rules and requirements
promulgated by the paroling authority. But why are rules and regulations necessary
in parole? The parolee, whether he likes it or not, needs a certain kind of discipline.
It instills in him the feeling of security to know that he is within legal bounds by
following the set of rules and regulations. Some types of offenders need the
authoritarian method of dealing with them, so a set of rules and regulations is the
only way to help them get over their difficulties. Rules and regulations in parole are
intended to help both society and the parolee. They can be used to help parolee if
their regulatory effects eventually become part of the parolee's way of life. Rules and
regulations pose as a sword of Damocles over the head of the parolee. He knows for
a fact that when he violates any of the rules his freedom will be forfeited.

The most common rules and regulations are the following:


1.

Making restitution. A condition is imposed to the


effect that the parolee must make monetary restitution to the victim. It is
understood that the parolee shall only be required to pay restitution if he is
earning more than his necessary living expenses. Usually, the restitution is
paid by installment at a rate that will not deprive the parolee and his family
the necessities of life. It is but fair and just that what has been unlawfully
taken from the victim must be returned.

2.

Supporting Dependents. Society expects every one to


support his dependents and so there is no reason that a parolee should not be
required to do so. If, however, he fails to support his family and dependents
through no fault of his like when he cannot find or hold a job, it should not be
a reason to revoke parole already given. The treatment of a parolee aims at
helping him become a more responsible citizen, so that requiring him to meet
his obligations, is but one way of training him along said virtue. It protects his
dependents and at the same time aids the parolee on his path toward
maturity and stability.

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3.

Getting, Keeping and Reporting Honestly on


Employment. The parolee must be taught the habit of work, not only for
psychological effect but also for economic stability. It is therefore essential
that the parolee be assured of a legitimate and legal means of income. Before
releasing the parolee, therefore, the parole board must be assured that he is
willing to work; must make reasonable efforts to secure and maintain
employment; and must work only in legitimate enterprises. Sometimes the
parole office requires the parolee to inform his parole officer of any change of
employment. The aim is to discourage the parolee from drifting from one
employment to another, which is a symptom of vocational maladjustment.

4.

Avoiding
indebtedness
and
unnecessary
expenditures. The purpose of this regulation is to encourage thrift, proper
budgeting and responsible habits. There are times, however, that going into
debt is unavoidable. When the purpose of incurring, the debt or in making
unnecessary expenses is laudable, the parolee should not be punished.

5.

Reporting. This is a requirement in all parole


systems. The parolee is required to report to his parole officer at stipulated
intervals. Some parole offices merely require the parolee to submit a
completed form, giving pertinent data on residence address, employment
data, savings, leisure-time activities, family situations, associates, and plans
for the future and problems requiring decisions. The parole officer does not
take as the truth all that the parolee reports during the interview. He must
verify all-important allegations of the parolee. The requirement of reporting is
in itself a protection of society' in that failure to comply is symptomatic of the
parolee's maladjustment.

6.

Making Arrival Report. The parolee, in most parole


jurisdictions, is required to report to his parole officer shortly on his arrival at
his parole residence. This requirement is meaningful in that failure to do so is
indicative of something that is still wrong with the offender.

7.

Keeping the Parole Officer Informed of the


Whereabouts of Parolee. This is but logical if supervision is to be
carried out effectively. If the parolee remains within the parole jurisdiction, he
does not need to inform the parole office.

8.

Permitting the Parole Officers to visit the Parolee


at Home and in His Place of Work. There is no reason why a parolee
should not allow his parole officer to visit him at home from the standpoint of
law-enforcement. However, if the parole officer is refused admission in the
house of the parolee, the former cannot force his way without a warrant.
Sometimes the parolee feels embarrassed when visited by the parole officer.
The purpose of employment visits should be clearly explained to the parolee
in order that he will readily cooperate. The parole officer has a duty to see to
it that the parolee is gainfully and legitimately employed. Home and
employment visits are part of the casework functions of the parole officer.

9.

Abstaining from the Use or Overuse of Liquor.


Some parole jurisdictions prohibit the parolee from sipping even a drop of
wine. Other jurisdictions think that entire prohibition is unrealistic, so that
they only require the parolee not to indulge heavily in liquor. Moderate
drinking is a part of a man's social life and social qualification.

10.

Keeping Curfew Hours. The purpose of this rule is


discouragement of unwholesome habit that may lead to troubles. An exprisoner is prone to being suspected by the police whenever an unsolved
crime is committed. In order to evade being a suspect, the parolee should
agree to keep reasonable hours at night.

11.

Provision against Marrying Without Permission.


Parolees are still wards of the state and are not yet restored their civil and
political rights. One of the civil rights affected by u prison sentence is the right
to contract marriage. Since the parolee is not yet a completely free man he

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cannot marry without first obtaining permission from the parole officer. One
strong reason in favor of this regulation is to prevent the parolee from having
a family if he is not financially capable of raising one.
12.

Provision Against Living in an Illicit Relationship.


The parole must attempt to live a clean life and one way of carrying it out is
to issue this regulation. This regulation is specifically directed to parolees
convicted of bigamy, concubinage and adultery to prevent further amorous
relations with the woman who caused their imprisonment.

13.

Regulations against Owning or Operating an


Automobile. Some states or countries disqualify convicted offenders from
getting a driver's license. In order, therefore, that the parole office may not
be a party in a case of illegal operation of a motor vehicle, parole offices
prescribe rules against the parolee operating or owning a motor vehicle
without permission. Besides, the parole authorities want to obviate the possibility of the parolee using an automobile for committing another crime.

14.

Prescription against the Use or Sale of Narcotics.


This rule needs no further discussion. Even free men are prohibited from
using narcotics without medical prescription, or selling them.

15.

Regulation
Against
Carrying
or
Possessing
Dangerous Weapons. For obvious reasons the parolee should not be
allowed to possess a dangerous weapon, especially a firearm.

16.

General Admonitions Regarding Observance of


Law. The only reason this regulation is included is that the parolee 'must be
reminded about observing law and order.
The Parole officer as Law-enforcement Agent

Parole offers the community preventive and protective service through an


intensive supervision of the parolee. By constant supervision of the individual and
follow-up of his day-to-day activities, the parole officer is able to recommit parolees
who are on the road leading back to crime.
NOTE: The role of the parole (probation) officer as law-enforcement agent is
discussed in the Chapter on Probation.
The Parole Officer - A Case Worker or a Police Officer?
There is controversy as to whether or not the parole officer should be clothed
with law enforcement authority. One school of thought holds the view that parole
officers should not perform law enforcement work, such as sleuthing and arresting
his ward. To do so would be incompatible with his role as a social caseworker. The
effectivity of the parole officer as a guidance counselor, a leader or teacher is nullified
if the parole officer is clothed with police powers. The other school of thought holds
the view that parolees, being persons who have not been able to make adjustments
with the demands of society, should be applied certain restraints under threats of
arrest and reincarceration. Not all parolees, according to this view, respond to the
guidance counseling or leadership techniques of supervision, hence the need for the
authoritarian method for this type of persons.
Experience in various parole agencies, however, proved that the two points of
view expressed above are without basis. It was satisfactorily proven in many jurisdictions that some parole officers with professional training in social work made good
as peace officers while others whose basic training was in law enforcement made
good as case workers
Classifications of Cases
The quality of service that a parole office renders to the parolee depends on
the size or caseload parole officers have. One cannot expect adequate supervision
from a parole officer who has 750 parolees to supervise.

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Parole supervision can be simplified and made more effective by adopting a


sys- ' tern of classifying parolees. Some parolees do not have pressing problems as
they arise. The accidental offender belongs to this type. This type of parolees needs
very little or no supervision from the field parole officers.
Another classification of parolees is the type that needs casework as the
primary consideration of treatment. The parolees may not be serious communityrisks. An example of this type is the parolee who is in need of a job or economic aid.
Here the field parole officer can devote full attention to intensive casework that is,
trying to help his client get a job.
A third classification for purposes of supervision is the type in which law
enforcement function is the first, even the only consideration. This type of parolee
needs constant supervision and surveillance by the parole officer in order to prevent
the parole from recommitting crimes. Usually we find in these classification offenders
whose history and background indicate great personal disorganization, such as the
professional killer, the gangster, the sex-pervert, and the long-time confidence man.
The field parole officer should be alert to discover signs of misbehavior in this type of
parolees and to be quick on his rearrest.
Knowing the type of offenders his wards are, the parole officer can adjust his
schedule of supervision, devoting intensive supervision to parolees belonging to the
third type while giving little time for parolees of the first type.
Casework Techniques
The parole officer as caseworker, he can use casework techniques, among
which are:
1.
2.
3.

The Manipulative techniques;


The Executive techniques; and
The Guidance, Counseling and
Leadership technique.

(*Casework techniques also apply to supervision in Probation.)


Manipulative Techniques
Manipulative technique are ways of helping the parolee by altering his
environmental conditions go as to bring out satisfactory social adjustment in the
individual. Among the common manipulative devices used by the parole officer are
the following:
1.

Job finding some parole systems have


their own employment bureaus, the main function of which is to locate
jobs for parolees. By providing a job the parolee may become a
permanent law-abiding citizen. In some cases, the parole officer himself
tries to find a job for his ward.

2.

Home placement there are some


parolees who cannot return to their parental homes because of some
conflicts or tensions existing in the family, or that a member of the family
is a morally depraved person whose influence on the parolee may not be
conducive to his social readjustment. It is the responsibility of the parole
officer to help find a foster home for the parolee.

3.

Improvement
of
community
conditions the locality where the parolee returns may abound with
vices such as gambling, dancehalls, bars, houses of prostitution, etc. It is
the duty of the parole officer, like other civic-minded citizens to participate
in community movements to clean up these vices and unwholesome
establishments.
4.
Removal of Discrimination One of
the greatest obstacles to employing ex-prisoners as well as accepting
them socially in the community is the prejudice that prospective

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employers and the public have against him. Very few industrial
establishments would employ a parolee or an ex-prisoner. It is the job of
parole officers to remove discrimination against the parolee in order that
employers may be willing to offer him a job. The parole officer can
participate in a public information program designed to educate the
community into accepting the ex-prisoner as a human being, to avoid
stigmatizing him.
The employment of manipulative devices in helping parolees by the parole
officer needs skill. It is not because the parolee needs a job that his parole officer
gets him a job. It is more meaningful and lasting to the parolee if, instead of the
parole officer getting him a job, he should first exert efforts to make the parolee gain
strength to seek his own job. By extending the help to the parolee, the latter is not
helping solve his problems permanently, so that when his prop (the parole officer) is
gone, the same problems he had before his imprisonment will bring him into troubles
again.
Executive Techniques
This is a method of helping parolees by which the parole office performs
referral services. Parole agencies do not often have the necessary funds for direct
administration of parolees under care, so that the most that parole can offer by way
of help is to refer the parolee to agencies offering the services desired. Among the
services by referral are:
1.
2.

3.

4.

5.

6.

7.

8.

Locating a job The parole office refers


the parolee to a firm, company, or to any employment agency for possible
employment.
Relief When a parolee or his family is
in dire need of the basic necessities of life such as food, clothing or
medicine, the parole office refers the parolee to a social welfare agency,
which can extend them relief.
Medical Care It is the function of the
parole officer to refer his client in need of medical care, hospitalization,
dental services or psychiatric services, to agencies rendering such services
free of charge.
Public grants The parole officer should
be familiar with laws on public grants such as social security, old age
benefits, aids to widows and dependent children, in order that he can refer
his clients who are eligible to any of such grants
Institutional
placements

The
supervision program of the parolee may indicate a need for his removal
from his parental home and for placement to a foster home. It is the
responsibility of the parole officer to explain to the parolee and his family
of the need for the said transfer of residence to a foster home. When this
is undertaken, the transfer is effected by referral to the proper agency.
Legal aid The parole officer, even when
he is a lawyer, should refrain from giving legal advise to his client in need
of legal services. It is always a better policy for him to refer the parolee to
a legal aid office. Oftentimes legal questions involving common-lawrelationship, legal separations, bigamous or adulterous relationship,
custody or support of children come up, and the parole officer should
know where to refer each case.
Educational and vocational guidance
The parole officer is not an expert in
educational and vocational
matters. He should therefore refer his ward to the proper agency
rendering educational or vocational training or apprenticeship.
Recreation Parolees should, as integral
part of their adjustment, be given guided recreational activities,
otherwise, they will frequent poolrooms, bars and other unwholesome
recreational joints. Some communities have group work agencies offering
recreational activities. The parolee officer must know how and when to
enlist the services of these agencies in connection with the problems of his
wards.

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9.

Social agency help - There are several


agencies, public and private, that may offer services to parolees. The
parole officer should be well acquainted with what those agencies can
offer to his wards.

Guidance, Counseling and Leadership Techniques


These techniques require, that the parole officer must be well versed with the
science of human behavior. He should know the motivations, which cause the person
to react the way he did under certain situations. He should try to determine what
caused his ward to follow a certain cause of action. He should attempt to influence
and guide his clients into solving their problems.
Guidance and leadership are temporary crutches upon which the parolees
depend in overcoming their difficulties. Sometime or another the parolees will no
longer depend on the services of the parole officer. The parolees should be taught to
gain insight into their problems and how to solve them. It is not guidance and
leadership if the parole officer himself does the solving of the problem for the
parolee.
In guidance and leadership technique, the parole officer seeks to exert a
direct personal influence on the parolee. The advice of the parole officer may spell
the difference between going straight and going the wrong way by the parolee. The
parolees' thinking can be properly guided by the parole officer so that they may be
able to solve their own problems under the same or similar situations.
Parole Advisor
The parole advisor is primarily and essentially a volunteer worker. He works
as an unpaid parole officer, a non-professional counselor, adviser, first friend, and
sponsor to the parolee. When parole was newly introduced, the parolee was required
to report to a sponsor known as guardian who performed the functions of advisor
and parole officer. The untrained, unpaid volunteer workers of the Elmira days are
now relegated to perform the role of parole advisers.
The parole system of the U.S. Federal Government has adopted the parole advisor system. The policy of the Federal Parole administration is that the parolee must
have some citizens to serve voluntarily as his parole advisor. This requirement has
been abolished in several states and is now waived by the U.S. Board of Parole when
a satisfactory advisor is not available, in which case the probation officer is named
parole advisor in addition to his duties as supervising officer.
The parole advisor can be of great help to the parole service during the prerelease planning. The advisor who may have known the prospective parolee
intimately for some time can help in the preparation of the parole program. The
interest shown by the advisor on the would-be parolee can be exploited and
developed by the parole officer to a productive and helpful service throughout the
ensuing parole period.
It is desirable that the field probation officer and the parole advisor should
work as a team. In order to obtain full cooperation of the advisor, the parole officer
should show its appreciation for the assistance of the parole advisor. The advisor can
be of service more effectively in rural areas where the parole officer cannot regularly
visit. The parolee can always turn to his parole advisor for immediate help because
the parole officer is not available for immediate counsel and advice when pressing
problems arise. Furthermore, the parole officer may have to depend on the advisor
for reliable information regarding the parolee conduct, as well as his adjustment.
Parole Violators and Detainers
There are two types of parole violators: commission of a new crime and
violation of a parole condition. In the first type, conviction of a new crime by the
parole will automatically cause recommitment of the parolee. If the parole is
convicted but appeals his case in the higher court, the parole officer will submit a

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report of said conviction and appeal to the Board of Parole which will decide, after
due investigation, on recommitting the parolee or not. If it is violation of parole
condition only, the Board of Parole shall conduct an investigation, giving careful
consideration on whether the act was willful, whether the safety of the public is
involved, and whether other disciplinary action than recommitment to prison might
be sufficient.
Parole Boards are authorized to issue warrants for the arrest of alleged parole
violators or to issue notices to appear to answer charges where arrest is not
necessary. Parole officers are authorized to arrest or cause the arrest without a
warrant where immediate action is necessary against the violator or one who is in
danger of becoming a violator. The parole officer should submit a written report of
the violation to the parole board. Releases from the jail of alleged violators should be
on order of the parole board only.
Ordinarily, a detainer or warrant against a prisoner does not disqualify him
from parole. The prisoner may be given parole subject to the action taken on the
detainer.
Discharge from Parole
The duration of parole supervision does not extend beyond the expiration date
of the parolees sentence. Parole conditions and other aspects of parole supervision
should be relaxed as the parolee no longer requires the restriction on his behavior. At
the expiration of the maximum sentence, the parole board should issue a certificate
of final discharge. The same certificate may be issued even before the expiration of
the maximum sentence should the board, after reviewing the case, is satisfied that
parole has served its purpose.
The certificate of discharge from parole has the effect of restoring all civil
rights lost by operation of law. This is not, however, true in the Philippines. It needs
an executive clemency in the form of absolute pardon to restore said rights.
THE ROLE OF COMMUNITY AND VOLUNTARY AGENCIES IN CORRECTIONAL
WORK
Correctional programs are more and more recognized as the responsibility of
the total community. It is a well-known fact that a correctional program, no matter
how well developed, cannot succeed without the support of the general public. It is
essential that probation, the institution, and parole should enlist the cooperation of
community agencies, voluntary societies, citizens groups and the community in
general in order to succeed in their mission of placing the offender back to society as
a normal social being.
Correctional agencies are not adequately financed to render further services
to the offender outside of their organizational jurisdiction. This is where community
and voluntary agencies come into the picture.
Community Agencies A community agency is usually a formal group or
association organized to promote social or individual welfare. Most community
agencies are identified with social work. Others are concerned with labor, education,
ethnic groups and the like. These agencies may be financed from public, private or
mixed funds.
Some of the community agencies closely related to corrections are the following:
1. Social Service Exchange Prisons, probation and parole agencies may
conveniently avail of the services of social service agencies by referring to
them problems of inmate or parolees dependents.
2. Department Public Welfare Correctional agencies can secure information
on various possible aids for prisoners parolees, or probationers dependents,
including old age assistance and aid for dependent children.
3. Family Service Agencies Offenders who have family relationships
problems may be referred to family service agencies in order to preserve and

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4.
5.
6.
7.
8.

restore harmonious family relationships and to prevent conditions, which


would disrupt family life.
Mental Hygiene and Mental Health Clinics These clinics may provide
psychiatric services to prisoners families, parolees, probationers and their
families.
Philippine Red Cross The Red Cross provides home services, disaster
relief, blood program, eye program and other relief.
Anti-Tuberculosis Society It provides limited patient services, chest x-ray
program, education, and referral services.
City and Provincial Health Departments and Hospitals Correctional
workers may avail or he services of these medical facilities for prisoners
families, probationers and parolees as well their dependants.
Colleges and Universities Colleges and universities are a potent agency
for molding public opinion through their courses in criminology and penology.
They offer in-service training courses for correctional workers. Prison, parole
and probation offer a valuable research setting for advanced students in
sociology, psychology, criminology, social work and other behavioral and social
sciences.

Voluntary Agencies Voluntary agencies have played an important and


significant role in the development of modern correctional concepts and practices.
Voluntary prison societies or associations have worked effectively and harmoniously
with correctional agencies throughout the development of the correctional system in
the United States.
The main function of the early volunteer organizations in the correctional field
was the investigation and reform of noxious prison conditions. The Pennsylvania
Prison Society, which was founded in 1707, was mainly organized to alleviate
miseries of the public prisons. The Prison Association of New York founded in 1844
was definitely organized to extend relief to discharged prisoners.
The development of new techniques and new understanding of the needs of
the offenders during the last few years had changed and modified the functions of
prisoners aid associations. In the last few decades, as social casework methods have
been developed and refined, emphasis on prisoners aid have shifted to helping the
individual prisoner gain insight into his difficulties and developing strength within
himself in order that he may become a law-abiding and useful citizen. As a result,
the number of privately operated prisoners aid societies has decreased. Among the
few organizations that have remained active in this type of work are the John
Howard Societies in the Unite States, Canada, and come European countries, and the
Elizabeth fry societies in Canada. The International Aid Association, which is an
affiliate of the American Correctional Association, serves the important function of a
coordinating agency and provides services useful to existing and proposed agencies.
In the Philippines a few volunteer agencies that are working in prisons and
jails are the religious groups with religious motivators. A few years ago, civic-minded
citizens interested to help the families of prisoners as well as ex-prisoners launched
Friendship Incorporated. This association gets its funds from private donations and
contributions. The Philippines Charity Sweepstakes allots one sweepstake draw a
year to supplement the funds of the association. Services so far rendered by this
association have been limited to finding jobs for the few ex-prisoners, and providing
limited financial aid to ex-prisoners getting started in life.
Voluntary agencies rendering services in the correctional field are very
effective as public information media. Correctional agencies have very limited
resources for disseminating to the public whatever gains they have accomplished
toward the improvement of correctional methods. Volunteer agencies contribute in
public information and information programs as well as help mobilize public opinion
toward improved correctional methods. Private aid agencies provide leadership and
work with welfare and social agency councils, universities, schools of social work and
other professional societies. They conduct public information programs through the
assignment of speakers, preparation of radio and television programs.

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Sponsorship of various projects in cooperation with the jails and prisons.


Some of the services that prisoners aid societies render are the following:
1. Free legal services Defendants who cannot afford to hire a lawyer may be
given free legal services through prisoners aid societies.
2. Casework treatment services may be rendered in the form of
unemployment service. Vocational counseling, temporary lodging, meals, and
purchase of tools.
3. Visitation service Some agencies visits jails and prisons to discuss
personal problems with prisoners desiring their help, referring suitable cases
to the legal aid society for free legal assistance, and working in close
cooperation with the institutional authorities.
4. Pre-release preparations Some agencies have developed and offered
pre-release information programs for prisoners about to leave prison.
5. Voluntary prisoners aid societies serve valuable functions in the
development of community understanding of the needs of the prisoner and
ex-prisoner.
6. Legislation Private voluntary agencies have been instrumental in
stimulating and in the passage of legislations to establish more adequate
correctional institutions and facilities.
7. Correctional agency referrals Individual counseling and casework
services are made available to the prisoner and his family from time to arrest
to the time of release from legal control. Correctional programs are more
recognized as the responsibility of the total community. The prisoners aid
agency provides a workable and convenient channel for inter-agency
communications and referrals.

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LAWS GOVERNING THE CORRECTION OF CRIMINALS


Important Features of the Revised Administrative Code of the Philippines

Sec. 1705 Title of Chapter This chapter shall be known as the Prison Law.

Sec. 1706 Chief Officials of the Bureau of Prisons The Bureau of Prisons
shall have one chief and one assistant chief, to be known respectively as the
Director of Prisons, and the Assistant Director of the Prisons. These officers
shall be supplied with furnished quarter at the main prison and shall be
allowed laundry service and such other services as shall be sanctioned by the
Department Head.

Sec. 1707 General Jurisdiction of Bureau of Prisons shall have the general
supervision and control of National Provincial prisons of all penal settlements
and shall be charged with the safekeeping of all prisoners confined therein or
committed to the custody of said Bureau.

Sec. 1708 Main Prison In the main prison shall be confined all national
prisoners except as otherwise provided by law or regulations. This prison may
also be used as a place of detention for other classes of prisoners or for the
temporary safekeeping of any person detained upon legal process.

Sec. 1709 Iwahig Penal Colony In the Iwahig Reservation, in the Province of
Palawan, there shall be maintained an institution subsidiary to the main
prison, to be known as the Iwahig Penal Colony. In this colony shall be kept
such prisoners as may be transferred thereto from the main prisons in
accordance with the regulations to be prescribed The Director of Prisons, with
the approval of the Department Head, shall establish and maintain a general
store for the sale of merchandise which may be required by the residents of
the settlement, and for their own profit. Colony produce may be sold to others
than residents of the settlement should there be more to be disposed of than
is required for the use of the colony and Sec. 1710 Superintendent of the
colony Justice of the Peace. The Iwahig Penal Colony shall be under the
immediate supervision of a superintendent, who shall be an exofficio justice
of the peace and shall, within the limits of the colony, have jurisdiction and all
powers conferred upon justices of the peace by the laws of the Philippines.
(No longer applicable)

Sec .1711 privileges based upon behavior and services Persons detained at
the Iwahig Penal Colony shall be known as colonists, and they may be divided
into classes and graded according to conduct, efficiency, and length of
services and subject to such regulations as shall be prescribed in reference
thereto, they may be granted such extraordinary privileges as in the in the
judgment of the superintendent of the colony their conduct, behavior, habits
of industry, and length of service may justify.

Sec. 1712 Fishing rights in water adjacent to colony The fishing right in the
waters of the bay along the shore line of the eastern boundary of the Iwahig
Penal Colony, Island of Palwan, for distance seaward of one and one quarter
statute miles are reserved for the exclusive use of the government, for the
subsistence and maintenance of the colonist, the prison officials and their
families in said colony, and such pardoned or release colonist as may continue
to reside therein.

Sec. 1713 Assignment of land and implements to colonists Any colonist


detained at the Iwahig Penal Colony may be provisionally granted a suitable
plot of land with in the reservation for the purpose of cultivating and
improving the same, and may be deemed necessary for the proper cultivation
of said land.

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Sec. 1714 Families of colonists The Iwahig Colonists may, subject to the
regulations of the Bureau governing the colony, be allowed to have their
wives, children, and women to whom they are to be married, transported to
the colony at government expense and to have their families live on the
reservation. Such privileges may, in any case, be revoked at any time by
order of the superintendent of the colony, with the approval of the Director of
Prisons. All members of the families of colonists living on the reservation shall
be subject to the regulations governing the colony.

Sec. 1715 Clothing and household supplies for colonists families In addition
to the subsistence for colonists wives and children hereinabove authorized,
the superintendent of the colony may furnish a special reward to such
colonists as in his opinion may merit the same, reasonable amount of clothing
and ordinary household supplies to be paid out of the regular appropriation
for the maintenance of the Iwahig Penal Colony. Sources of this character may
also be made by way of loan, subject to repayment if the financial condition of
the colonist at a later date should warrant.

Sec. 1716 Participation of colonists in proceeds of products Products grown,


manufactured, or otherwise produced by the colonists may be sold under the
supervision of the superintendent; and subject to such regulations as may be
prescribed in reference thereto, the persons producing the same may be
allowed such part of the proceeds thereof as shall be approved by the
Department Head.

Sec. 1717 Monthly allowance in cash Colonists occupying positions of


special trust may, with the approval of the Department Head, be granted a
monthly allowance in cash, not exceed five pesos, or an equivalent amount of
supplies from the general store, to repaid for from the regular appropriation
for contingent expenses of the Iwahig Penal Colony.

Sec. 1718 Right of released colonists to remain in colony On the expiration


of the sentence of any colonists he may, subject to the regulation, be allowed
to continue to reside upon the reservation and to cultivate land occupy a
house to be designated and selected by the superintendent of the colony.

Sec. 1719 Supply store for Iwahig Penal Colony The Director of Prisons, with
the approval of the Department Head, shall establish and maintain a general
store for the sale of merchandise which may be required by the residents of
the settlement, and for their own profit. Colony produce may be sold to others
than residents of the settlement should there be more to be disposed of than
is required for the use of the colony and the main prisons. The supply store
fund shall be reimbursable, the receipts from the business of the supply store
being available for the payment of the costs of supply and other expenses
incident to the conduct of said store, without reappropriation.

Sec. 1720 San Ramon Penal Farm A penal farm shall be maintained at San
Ramon, in the Province of Zamboanga , for the confinement of national
prisoners and such other prisoners as may be remitted thereto in accordance
with law. The Director of Prisons shall have authority to designate the
superintendent of the San Ramon Penal Farm as a summary court officer, by
whom members of the San Ramon Penal Farm guard may be tried for
violation of the regulations governing the same for willful or neglectful waste,
loss or destruction of arm, immunizations or accounterments, for
disobedience or disrespect toward their superior officers, absence from
quarters of duty without leave, drunkenness, abandonment of employment
without having secured proper release, willful violation or neglect of duty, or
misconduct to the prejudice of good order and discipline. The punishment

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which may be imposed by this summary court shall not exceed the forfeiture
of one months pay, or discharge.

Sec. 1723 Detail of prisoners to public works The President of the


Philippines may from time to time, detail national prisoners to work in any
part of the Philippines upon any public work not within the purview of section
one thousand seven hundred and twenty-seven hereof; and the Department
Head shall fix the terms and conditions upon which any branch of the
Government may receive the labor of such national prisoners.

Sec. 1724 Regulations of Bureau of Prisons The regulations of the Bureau of


Prisons shall contain such rules as well best promote discipline in all national
and provincial prisons and penal institutions and best secure the reformation
and safe custody of prisoners of all classes.

Sec. 1725 Duty of prison authorities to enforce sanitary orders of Director of


Health The Officers in charge of all prisons, penal settlements, jails and
other places of confinement shall comply and cause to be executed all
sanitary orders, and put into force all sanitary regulations issued by the
Director of Health for their several institutions.

Sec. 1726 Mode of treatment of prisoners Prisoners shall be treated with


humanity. Juvenile prisoners shall be kept, if the jail will admit of it, in
apartment separate from those containing prisoners of more than eighteen
years of age; and the different sexes shall be kept apart. The visits of parents
and friends who desire to exert a moral influence over prisoners shall at all
reasonable times be permitted under proper regulations.

Sec. 1727 Liability of prisoners to labor All convicted able bodied, male
prisoners not over sixty years of age, may be compelled to work in and about
prisons, jails public buildings, ground, roads and other public works of the
National Government the province, or the municipalities, under general
regulations to be prescribed by the Director of Prisons, with the approval of
the Department Head. Persons detained on civil process or confined for
contempt of court and persons detained pending a determination of their
appeals may be compelled to police their cells and to perform such other
labor as may be deemed necessary for hygienic or sanitary reasons.

Sec. 1728 Assignment of women to work Convicted female prisoners may


be assigned to work suitable to their age, sex, and physical condition.

Sec. 1729 Provincial Jails A jail for the safe keeping of prisoners shall be
maintained at the capital of each province: and in the absence of special
provisions all expenses incidents to the maintenance thereof and of
maintaining prisoners therein be borne by the province.

Sec. 1730 Visitation and inspection of provincial jails The Judge of the Court
of First Instance and the Provincial Board shall, as often as the Judge of the
Court of First Instance is required to hold court in the province, make
personal inspection of the provincial jail as to the sufficiency thereof for the
safekeeping and reformation of prisoners, their proper accommodation and
health, and shall inquire into the manner in which the same has been kept
since the last inspection. A report of such visitation shall be submitted to the
Secretary of Justice, who shall forward the same or a copy thereof to the
Director of Prisons. Once during each month the senior inspector of
constabulary in the province shall visit the provincial jail and make report
upon its condition to the Director of Prisons.

Sec. 1731 Provincial governor as keeper of jail The governor of the province
shall be charged with the keeping of the provincial jail and it shall be his duty
to administer the same in accordance with law and the regulations prescribed
for the government of provincial prisons. The immediate custody and

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supervision of the jail may be committed to the care of a jailer to be


appointed by the provincial governor. The position of jailer shall be regarded
as within the unclassified civil service but may be filled in the manner in which
classified positions are filled, and if so filled, the appointee shall be entitled to
all the benefits and privileges of classified employee, except that he shall hold
office only during the term of office of jailer is appointing governor and until a
successor in the office of jailers is appointed and qualified, unless sooner
separated. The provincial governor shall, under the direction of the provincial
board and at the expense of the province, supply proper food and clothing for
the prisoners, through the provincial board may, in its discretion, let the
contract for the feeding of the prisoners, to some other person.

Sec. 1732 Amount of allowance for feeding of prisoners The ordinary


allowance to be made by the provincial board for the feeding of prisoners by
the governor of the province or such other person as may have the contract
therefore shall, in case of persons arrested on criminal process, not exceed
twenty centavos each per day; but the provincial board may pay more when
necessary to the proper maintenance of the prisoners. The compensation for
the support of the prisoner arrested on civil process shall be at the rate of
forty centavos per day, to be advance weekly to the jailer by the plaintiff in
the civil process, and to be taxable as costs.

Sec. 1733 Record of prisoners to be kept by jailer The governor, or the jailer
appointed him, shall kept a true and exact record of all prisoners committed
to the provincial prisoners awaiting trial before the Court of First Instance
detained in any municipal jail of the province which record shall contain the
names of all persons who are committed, their place of abode, the time of
commitment, the cause of their commitment, the authority that committed
them, and the description of their persons, and when any prisoner is liberated
such calendar shall state the time when and the authority by which such
liberation took place; if any prisoner shall escape, it shall state particularly the
time and manner of escape; if any prisoner shall die, the date and cause of
his death shall be entered on the record.

Sec. 1734 Submission of record to court At the opening of each term of the
Court of First Instance within his province, the governor shall return a copy of
such record under his name to the judge of such court; and if the same be
not forthcoming, it shall be the duty of the judge to require its production
under penalty of contempt.

Sec. 1735 Transfer of custody of jail to Constabulary Officer In any


province in which, in the opinion of the President, the provincial jail is not
safely guarded, shall have authority by executive order to direct that the
senior Constabulary Officer of such province shall take custody of the jail
under the supervision of the provincial governor and guard the prisoners
therein, using for this purpose members of the Philippine Constabulary as jail
guards.

Such action shall in no wise alter the liability of the province for the expenses
incident to the maintenance of prisoners or the keeping, repair, and
construction of the jail; but the payment and subsistence of the Constabulary
guard shall be at the expense of the Constabulary.

Sec. 1736 Preservation of documents relating to confinement of prisoners


All warrants and documents of any kind, or attested copies thereof, by which
a prisoner is committed or liberated, shall be regularly indorsed, filed and
kept in a suitable box by such governor or by his deputy acting as a jailer, and
such box, with its contents, shall be delivered to the successor of the officer
having charged of the prisoner.

When a prisoner is confined by virtue of any process direct to the governor or


sheriff and which shall require to be returned to the court whence it issued,
such governor or sheriff shall keep a copy of the same, duly certified by said

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governor or sheriff, shall be presumptive evidence of his right to retain such


prisoner in his custody.

Sec. 1737 transfer of prisoners to jail of neighboring province In case there


should be no jail in any province or in case a provincial jail of any province be
insecure or insufficient for the accommodation of all provincial prisoners, it
shall be the duty of the provincial board to make arrangements for the
safekeeping of the prisoners of the province with the provincial board of same
neighboring province in the jail of such neighboring province , and when such
arrangement has been made it shall be the duty of the officer having custody
of the prisoner to commit him to the jail of such neighboring province, and he
shall be there detained with the same legal effect as though confined in the
jail of the province where the offense for which he was arrested was
committed.

Sec. 1738 Use of jail for detention of fugitive from justice Any provincial jail
may be used for the safekeeping of any fugitive from justice from any
province, and the jailer shall in such case be entitled to receive the same
compensation for the support and custody of such fugitive from justice as is
provided for other prisoners, to be paid by the officer demanding the custody
of the prisoner, who shall be reimbursed for such outlay as a part of the costs
of the prosecution.

Sec. 1739 Persons deemed to be municipal prisoners The following persons


are to be considered municipal prisoners:
Persons detained or sentenced for violation of municipal or city
ordinances.
Persons detained pending trial before justices of peace or before
municipal courts.
Persons detained by order of a justice of the peace or judge of
municipal court pending preliminary investigation of the crime
charged, until the court shall remand them to the Court of First
Instance.

Sec. 1740 Persons deemed to be provincial prisoners - The following persons,


not being municipal prisoners shall be considered provincial prisoners:
Persons detained pending preliminary investigation before the Court of First
Instance.

Sec. 1741 National prisoners - Prisoners who are neither municipal or


provincial prisoners shall be considered national prisoners, among whom shall
be reckoned, any event all persons sentenced for violation of the Customs
Law or other law within the jurisdiction of the Bureau of Customs or
enforceable by it, and for violation of the Election Law.

Sec 1742. Confinement of Provincial prisoners in municipal jails - When the


sentence of the provincial prisoner does not exceed three months, the
provincial board may authorize his confinement during such period in a
municipal jail if in the judgment of said board the public interest will be sub
serve thereby. Provincial boards, may, also, with the approval of the Secretary
of the Interior, direct the confinement of persons detained pending
preliminary investigation before a judge of the Court of First Instance in the
jail of the municipality where such investigation or trial is to be held, if no
provincial jail be located therein.

Sec 1743. Confinement of municipal prisoners in provincial jail - Provincial


boards may, with the approval of the President, direct the confinement of
municipal prisoners in provincial jails when by reason of the lack, inadequacy,
or when in their judgment such confinement would best sub serve the public
interest.

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Sec. 1744 Expense of maintenance - Except as otherwise specifically provided


the expense of the maintenance of prisons shall be borne as follows;
regardless of the placed of confinement: in the case of the municipal prisoner,
by the city or municipality in which the offense with which the prisoner is
charged or of which he stands convicted was committed: in the case of a
provincial prisoner, by the province in which the offense was committed; and
in the case of the national prisoner, by the Bureau of Prisons.

Sec. 1745 Status of prisoners


behavior, etc. - The provision of
and the diminution of sentences
change the original status of
maintenance.

Sec. 1746 Status of prisoner as affected by appeal - Pending an appeal, the


status of a prisoner shall not be changed, and whenever upon appeal to, or
review by, a higher court, the status of a prisoner, as herein before fixed, shall
be changed by an increase or diminution of his sentence, the responsibility of
the National Government or the provinces or municipalities, as the case may
before the maintenance of such prisoner due to such change in sentence shall
take effect from the date of judgment of the higher court and shall not be
retroactive.

Sec. 1747 Transportation expenses payable by municipality - All actual and


necessary expenses incurred in the transportation and guarding the
subsistence of prisoners during transportation, from municipal jails, except
the expenses of the Constabulary escorts, if any, shall be paid from the funds
of the proper municipality.

Sec. 1748 Transportation expenses payable by province - All actual and


necessary expenses incurred in the transportation, and guarding the
subsistence during transportation, of national prisoners from provincial jails to
a National Prison, reformatory, or national penal institution, except the
expenses of the Constabulary escort, if any there be, shall be borne by the
proper province.

Sec. 1749 Return transportation to be borne by Bureau of Prisons - The return


transportation of all discharged national prisoners from their place of
confinement to their homes shall be paid out of the appropriation for the Beau
of Prisons, except as otherwise specially provided.

Sec. 1750 Transfer of prisoners from provincial or municipal jail to national


prison or vice-versa - When, in the discretion of the President of the
Philippines, the unsanitary or insecure condition of any provincial or municipal
jail makes it advisable or when the public interests require, he may transfer to
any national prison or penal institution all or any of the prisoners committed
to such jail, and may also direct the return of said prisoners to provincial or
municipal jails when deemed expedient. The President of the Philippines may
also, whenever in his opinion it will be to the best interest of the province or
municipality concerned, authorize the confinement of any prisoner sentenced
to less than three months imprisonment, including subsidiary imprisonment,
in the jail of the municipality wherein the prisoner may have been convicted.
The order of commitment of such prisoners, together with a copy of the order
directing their transfer, shall accompany the prisoners and be delivered with
them to the officer in charge of the penal institution to which they are sent.
The expenses of the transportation, guarding, subsistence, care, and
maintenance of any prisoner transferred to any national prison or penal
institution, or returned to any province for trial or for appearance as a witness
or otherwise hereunder shall be a charged against the treasury of the
province from which he was transferred; and the amount of said expenses
shall be fixed by the Department Head, with the approval of the President of
the Philippines.

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as affected by parole, allowance of good


law relative to paroles, conditional pardons,
for good behavior shall not be construed to
prisoners or to affect liability for their

92

Sec. 1751 Transportation and clothes for released prisoners - Upon the
release of a national prisoner he shall be supplied by the Bureau of Prisons
with transportation to his home, including a gratuity to cover the probable
cost of subsistence enroute, and if necessary, a suit of clothes of the value of
not more than ten pesos, or in case the prisoner is deported, of not more
than forty pesos.

Important Features of Presidential Decree No. 968

Section 1. Title and Scope of the Decree. This Decree shall be known as the
Probation Law of 1976. It shall apply to all offenders except those entitled to
the benefits under the provisions of Presidential Decree numbered Six
Hundred and three and similar laws.

Sec. 2. Purpose. This Decree shall be interpreted so as to promote the


correction and rehabilitation of an offender by providing him with
individualized treatment; provide an opportunity for the reformation of a
penitent offender which might be less probable if he were to serve a prison
sentence; and. (c) prevent the commission of offenses.

Sec. 3. Meaning of Terms. As used in this Decree, the following shall,


unless the context otherwise requires, be construed thus:
(a)

"Probation" is a disposition
under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a
probation officer
(b)
"Probationer" means a person
placed on probation.
(c)
"Probation Officer" means one
who investigates for the court a referral for probation or supervises a
probationer or both.

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Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the


court may, after it shall have convicted and sentenced a defendant and upon
application at any time of said defendant, suspend the execution of said
sentence and place the defendant on probation for such period and upon such
terms and conditions as it may deem best. Probation may be granted whether
the sentence imposes a term of imprisonment or a fine only. An application
for probation shall be filed with the trial court, with notice to the appellate
court if an appeal has been taken from the sentence of conviction. The filing
of the application shall be deemed a waver of the right to appeal, or the
automatic withdrawal of a pending appeal. An order granting or denying
probation shall not be appealable.

Sec. 5. Post-sentence Investigation. No person shall be placed on


probation except upon prior investigation by the probation officer and a
determination by the court that the ends of justice and the best interest of
the public as well as that of the defendant will be served thereby.

Sec. 6. Form of Investigation Report. The investigation report to be


submitted by the probation officer under Section 5 hereof shall be in the form
prescribed by the Probation Administrator and approved by the Secretary of
Justice.

Sec. 7. Period for Submission of Investigation Report. The probation officer


shall submit to the court the investigation report on a defendant not later
than sixty days from receipt of the order of said court to conduct the
investigation. The court shall resolve the petition for probation not later than
five days after receipt of said report. Pending submission of the investigation
report and the resolution of the petition, the defendant may be allowed on
temporary liberty under his bail filed in the criminal case; Provided, That, in
case where no bail was filed or that the defendant is incapable of filing one,
the court may allow the release of the defendant on recognize to the custody
of a responsible member of the community who shall guarantee his
appearance whenever required by the court.

Sec. 8. Criteria for Placing an Offender on Probation. In determining


whether an offender may be placed on probation, the court shall consider all
information relative, to the character, antecedents, environment, mental and
physical condition of the offender, and available institutional and community
resources. Probation shall be denied if the court finds that:
the offender is in need of correctional treatment that can be provided
most effectively by his commitment to an institution; or
there is undue risk that during the period of probation the offender will
commit another crime; or.
probation will depreciate the seriousness of the offense committed.

Sec. 9. Disqualified Offenders. The benefits of this Decree shall not be


extended to those:
sentenced to serve a maximum term of imprisonment of more than six
years;
convicted of any offense against the security of the State;
who have previously been convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day
and/or a fine of not less than Two Hundred Pesos;
who have been once on probation under the provisions of this Decree;
and
who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section 33
hereof.

Sec. 10. Conditions of Probation. Every probation order issued by the court
shall contain conditions requiring that the probationer shall:

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present himself to the probation officer designated to undertake his


supervision at such place as may be specified in the order within
seventy-two hours from receipt of said order;.
report to the probation officer at least once a month at such time and
place as specified by said officer.
The court may also require the probationer to:
cooperate with a program of supervision;
meet his family responsibilities;
devote himself to a specific employment and not to change said
employment without the prior written approval of the probation officer;
undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose;.
pursue a prescribed secular study or vocational training;
attend or reside in a facility established for instruction, recreation or
residence of persons on probation;

refrain from visiting houses of ill-repute;


abstain from drinking intoxicating beverages to excess;
permit the probation officer or an authorized social worker to visit his
home and place of work;
reside at premises approved by it and not to change his residence
without its prior written approval; or
satisfy any other condition related to the rehabilitation of the
defendant and not unduly restrictive of his liberty or incompatible with
his freedom of conscience.

Sec. 11. Effectivity of Probation Order. A probation order shall take effect
upon its issuance, at which time the court shall inform the offender of the
consequences thereof and explain that upon his failure to comply with any of
the conditions prescribed in the said order or his commission of another
offense, he shall serve the penalty imposed for the offense under which he
was placed on probation.

Sec. 12. Modification of Condition of Probation. During the period of


probation, the court may, upon application of either the probationer or the
probation officer, revise or modify the conditions or period of probation. The
court shall notify either the probationer or the probation officer of the filing of
such an application so as to give both parties an opportunity to be heard
thereon. The court shall inform in writing the probation officer and the
probationer of any change in the period or conditions of probation.

Sec. 13. Controls and Supervision of Probationer. The probationer and his
probation program shall be under the control of the court that placed him on
probation subject to actual supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction
of another court, control over him shall be transferred to the Executive Judge
of the Court of First Instance of that place, and in such a case, a copy of the
probation order, the investigation report and other pertinent records shall be
furnished said Executive Judge. Thereafter, the Executive Judge to whom
jurisdiction over the probationer is transferred shall have the power with
respect to him that was previously possessed by the court, which granted the
probation.

Sec. 14. Period of Probation.


The period of probation of a defendant sentenced to a term of
imprisonment of not more than one year shall not exceed two years,
and in all other cases, said period shall not exceed six years.
When the sentence imposes a fine only and the offender is made to
serve subsidiary imprisonment in case of insolvency, the period of
probation shall not be less than nor to be more than twice the total
number of days of subsidiary imprisonment as computed at the rate

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established, in Article thirty-nine of the Revised Penal Code, as


amended.

Sec. 15. Arrest of Probationer; Subsequent Disposition. At any time during


probation, the court may issue a warrant for the arrest of a probationer for
violation of any of the conditions of probation. The probationer, once arrested
and detained, shall immediately be brought before the court for a hearing,
which may be informal and summary, of the violation charged. The defendant
may be admitted to bail pending such hearing. In such a case, the provisions
regarding release on bail of persons charged with a crime shall be applicable
to probationers arrested under this provision. If the violation is established,
the court may revoke or continue his probation and modify the conditions
thereof. If revoked, the court shall order the probationer to serve the
sentence originally imposed. An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be appealable.

Sec. 16. Termination of Probation. After the period of probation and upon
consideration of the report and recommendation of the probation officer, the
court may order the final discharge of the probationer upon finding that he
has fulfilled the terms and conditions of his probation and thereupon the case
is deemed terminated. The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspend as a result of his conviction and
to fully discharge his liability for any fine imposed as to the offense for which
probation was granted. The probationer and the probation officer shall each
be furnished with a copy of such order.

Sec. 17. Confidentiality of Records. The investigation report and the


supervision history of a probationer obtained under this Decree shall be
privileged and shall not be disclosed directly or indirectly to anyone other than
the Probation Administration or the court concerned, except that the court, in
its discretion, may permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the best interest of the
probationer makes such disclosure desirable or helpful: Provided, Further,
That, any government office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies of said documents
for its official use from the proper court or the Administration.

Sec. 18. The Probation Administration. There is hereby created under the
Department of Justice an agency to be known as the Probation Administration
herein referred to as the Administration, which shall exercise general
supervision over all probationers. The Administration shall have such staff,
operating units and personnel as may be necessary for the proper execution
of its functions.

Sec. 19. Probation Administration. The Administration shall be headed by


the Probation Administrator, hereinafter referred to as the Administrator, who
shall be appointed by the President of the Philippines. He shall hold office
during good behavior and shall not be removed except for cause. The
Administrator shall receive an annual salary of at least forty thousand pesos.
His powers and duties shall be to:
act as the executive officer of the Administration;
exercise supervision and control over all probation officers;
make annual reports to the Secretary of Justice, in such form as the
latter may prescribe, concerning the operation, administration and
improvement of the probation system;
promulgate, subject to the approval of the Secretary of Justice, the
necessary rules relative to the methods and procedures of the
probation process;

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recommend to the Secretary of Justice the appointment of the


subordinate personnel of his Administration and other offices
established in this Decree; and
generally, perform such duties and exercise such powers as may be
necessary or incidental to achieve the objectives of this Decree.

Sec. 20. Assistant Probation Administrator. There shall be an Assistant


Probation Administrator who shall assist the Administrator performs such
duties as may be assigned to him by the latter and as may be provided by
law. In the absence of the Administrator, he shall act as head of the
Administration. He shall be appointed by the President of the Philippines and
shall receive an annual salary of at least thirty-six thousand pesos.

Sec. 21. Qualifications of the Administrator and Assistant Probation


Administrator. To be eligible for Appointment as Administrator or Assistant
Probation Administrator, a person must be at least thirty-five years of age,
holder of a master's degree or its equivalent in either criminology, social work,
corrections, penology, psychology, sociology, public administration, law, police
science, police administration, or related fields, and should have at least five
years of supervisory experience, or be a member of the Philippine Bar with at
least seven years of supervisory experience.

Sec. 22. Regional Offices; Regional Probation Officer. The Administration


shall have regional offices organized in accordance with the field service area
patterns established under the Integrated Reorganization Plan. Such regional
offices shall be headed by a Regional Probation Officer who shall be appointed
by President of the Philippines in accordance with the Integrated
Reorganization Plan and upon the recommendation of the Secretary of
Justice. The Regional Probation Officer shall exercise supervision and control
over all probation officers within his jurisdiction and such duties as may be
assigned to him by the Administrator. He shall have an annual salary of at
least twenty-four thousand pesos. He shall, whenever necessary, be assisted
by an Assistant Regional Probation Officer who shall also be appointed by the
President of the Philippines, upon recommendation of the Secretary of Justice,
with an annual salary of at least twenty thousand pesos.

Sec. 23. Provincial and City Probation Officers. There shall be at least one
probation officer in each province and city who shall be appointed by the
Secretary of Justice upon recommendation of the Administrator and in
accordance with civil service law and rules. The Provincial or City Probation
Officer shall receive an annual salary of at least eighteen thousand four
hundred pesos. His duties shall be to:
investigate all persons referred to him for investigation by the proper
court or the Administrator;
instruct all probationers under his supervision or that of the probation
aide on the terms and conditions of their probations;
keep himself informed of the conduct and condition of probationers
under his charge and use all suitable methods to bring about an
improvement in their conduct and conditions;
maintain a detailed record of his work and submit such written reports
as may be required by the Administration or the court having
jurisdiction over the probationer under his supervision;
prepare a list of qualified residents of the province or city where he is
assigned who are willing to act as probation aides;

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supervise the training of probation aides and oversee the latter's


supervision of probationers;
exercise supervision and control over all field assistants, probation
aides and other personnel; and
perform such duties as may be assigned by the court or the
Administration.

Sec. 24. Miscellaneous Powers of Provincial and City Probation Officers.


Provincial or City Probation Officers shall have the authority within their
territorial jurisdiction to administer oaths and acknowledgments and to take
depositions in connection with their duties and functions under this Decree.
They shall also have, with respect to probationers under their care, the
powers of a police officer.

Sec. 25. Qualifications of Regional, Assistant Regional, Provincial, and City


Probation Officers. No person shall be appointed Regional or Assistant
Regional or Provincial or City Probation Officer unless he possesses at least a
bachelor's degree with a major in social work, sociology, psychology,
criminology, penology, corrections, police science, police administration, or
related fields and has at least three years of experience in work requiring any
of the abovementioned disciplines, or is a member of the Philippine Bar with
at least three years of supervisory experience. Whenever practicable, the
Provincial or City Probation Officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.

Sec. 26. Organization. Within twelve months from the approval of this
Decree, the Secretary of Justice shall organize the administrative structure of
the Administration and the other agencies created herein. During said period,
he shall also determine the staffing patterns of the regional, provincial and
city probation offices with the end in view of achieving maximum efficiency
and economy in the operations of the probation system.
Sec. 27. Field Assistants, Subordinate Personnel. Provincial or City
Probation Officers shall be assisted by such field assistants and subordinate
personnel as may be necessary to enable them to carry out their duties
effectively.

Sec. 28. Probation Aides. To assist the Provincial or City Probation Officers
in the supervision of probationers, the Probation Administrator may appoint
citizens of good repute and probity to act as probation aides. Probation Aides
shall not receive any regular compensation for services except for reasonable
travel allowance. They shall hold office for such period as may be determined
by the Probation Administrator. Their qualifications and maximum caseloads
shall be provided in the rules promulgated pursuant to this Decree.

Sec. 29. Violation of Confidential Nature of Probation Records. The penalty


of imprisonment ranging from six months and one day to six years and a fine
ranging from six hundred to six thousand pesos shall be imposed upon any
person who violates Section 17 hereof.

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Philippine Correctional Philosophies and their Legal Basis


The Philippine Constitution of 1997
1.

The state values the dignity of every


human person and guarantees full respect for human rights. (Sec 11, Art.
II)

2.

No person shall be detained solely by


reason of his political beliefs and aspirations. (Sec 18 (1), Art. III)

3.

No involuntary servitude in any form shall


exist except as a punishment for a crime whereof the party shall have
been fully convicted. (Sec. 18 (2), Ibid.)

4.

Excessive fines shall not be imposed, nor


cruel, degrading or inhuman punishment inflicted. x x x (Sec. 19 (2).
Ibid.)

5.

The
employment
of
physical,
psychological, or degrading punishment against any prisoner or the use of
substandard or inadequate penal facilities under subhuman conditions
shall be dealt by law. (Sec.19 (2), Ibid.)

Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)


1. The purpose of committing a prisoner to prison is two-fold: To segregate
from society a person who by his acts has proven himself a danger to the free
community, To strive at the correction or rehabilitation of the prisoner with the hope
that upon his return to society he shall be able to lead a normal well adjusted and
self supporting life as a good and law abiding citizen.
(Art. I)

2. There is no man who is all bad and there is something good in all men.
The Revised Penal Code

No felony shall be punishable by any penalty not prescribed by law prior to


its commission. (Art. 21, RPC)
Delay in the Delivery of Detained Persons to the Proper Judicial
Authorities.
(Art 125, RPC), A felony committed by a public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the
proper judicial authorities with in the period of:
12 hours for crimes or offenses punishable by light penalties,
18 hours for crimes or offenses punishable by correctional penalties,
36 hours for crimes or offenses punishable by afflictive or capital penalties.

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The crime of Arbitrary Detention is committed when the detention of a person


is without legal ground.
The legal ground of detention are : a) commission of a crime and b) violent
insanity or other ailment requiring compulsory requirement.
Delaying Release
This is committed by a public officer or employee who delays for the period of
time specified in Art 125, the performance of any judicial or executive order for the
release of a prisoner or unduly delays the services of the notice of such order to said
prisoner.
Delivery of Prisoners from Jail (Art. 156, RPC)
Elements:
a) The offender is a private individual,
b) He removes a person confined in jail or a penal institution or helps in the
escape of such person,
c) The means employed are violence, intimidation, bribery or any other
means.
The prisoner maybe a detention or sentenced prisoner and the offender is an
outsider to the jail. If the offender is a public officer or a private person who has the
custody of the prisoner and who helps a prisoner under his custody to escape, the
felony is Conniving with or Consenting to Evasion (Art. 223) and Escape of a Prisoner
under the custody of a person not a public officer (Art. 225) respectively.
This offense like other offenses of similar nature may be committed through
imprudence or negligence.
Evasion of Service of Sentence (Art 157-159, RPC)
1. Evasion of Service under Art 157, RPC
Elements:
a)

Offender is a prisoner-serving sentence involving


deprivation of liberty by reason of final judgment.
b)
He evades the service of his sentence during the term
of his imprisonment.
This felony is qualified when the evasion takes place by breaking doors,
windows, gates, roofs or floors; using picklocks, false keys, disguise, deceit,
violence, intimidation or; connivance with other convicts or employees of the penal
institution. (Jail breaking is synonymous with evasion of sentence).

2. Evasion of Service of Sentence on the Occasion of Disorders due to


Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC)
Elements:
a)

Offender is a prisoner serving sentence and is confined


in a penal institution.
b)
He evades his sentence by leaving the institution.
c)
He escapes on the occasion of a disorder due to
conflagration, earthquake, explosion, or similar catastrophe or mutiny in
which he has not participated, and

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d)

He fails to give himself up to the authorities with in 48


hours following the issuance of a proclamation by the Chief Executive
regarding the passing away of the calamity.

A special time allowance for loyalty shall be granted. A deduction of one-fifth


of the period of the sentence of any prisoner who evaded the service of sentence
under the circumstances mentioned above. The purpose of the law in granting a
deduction of one-fifth (1/5) of the period of sentence is to reward the convicts
manifest intent of paying his debts to society by returning to prison after the passing
away of the calamity.
Whenever lawfully justified, the Director of Prisons (Bureau of Corrections)
shall grant allowance for good conduct and such allowances once granted shall not be
revoked.
3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)
The violation of any conditions imposed to a Conditional Pardon is a case of
evasion of service of sentence.
The effect of this is, the convict may suffer the unexpired portion of his
original sentence
Infidelity of Public Officers
1. Infidelity in the Custody of Prisoners Through Connivance (Art.223, RPC) A felony committed by any public officer who shall consent to the escape
of a prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through Negligence (Art. 224, RPC) A felony committed by a public officer when the prisoner under his
custody or charge escaped through negligence on his part.
3. Escape of a Prisoner under the Custody of a Person not a Public Officer.
(Art 225, RPC)

Other Offenses or Irregularities by Public Officers


1. Maltreatment of Prisoner (Art. 235, RPC)
Elements:
a)
b)

Offender is a public officer or employee


He overdoes himself in the correction or handling of
such prisoner by imposition of punishment not authorized by
regulation or by inflicting such punishment in a cruel and
humiliating manner.

The felony of Physical Injuries if committed if the accused does not have
the charge of a detained prisoner and he maltreats him. And if the purpose is to
extort a confession, Grave Coercion will be committed.
Good Conduct Time Allowance (GCTA)
Good conduct time allowance is a privilege granted to a prisoner that shall
entitle him to a deduction of his term of imprisonment. Under Art.97, RPC, the good
conduct of any prisoner in any penal institution shall entitle him to the following
deduction from the period of his sentence:

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1.

During the first two years of his


imprisonment, he shall be allowed a deduction of 5 days for each month of
good behavior.
2.
During the third to the fifth years of his
imprisonment, he shall be allowed a deduction of 8 days each month of
good behavior.
3.
During the following years until the tenth
years of his imprisonment, he shall be allowed a deduction of 10 days
each month of good behavior.
4.
During the eleventh and the successive
years of his imprisonment, he shall be allowed a deduction of 15 days
each month of good behavior.

APPROACHES IN CORRECTION ADMINISTRATION


Any of the approaches or models of prison management that will be
presented under this part serves as an additional information on the need to manage
those who are considered outcast of society, the prisoners.
Just as justifications for the criminal sanction have influenced sentencing
decisions, correctional models have been developed to describe the purposes and
approaches to be used in handling prisoners. Although models may provide a set of
rationally linked criteria and aims, the extent to which a given model is implemented
is a matter for empirical investigation.
Researchers have revealed a variety of prison management styles. Dr. George
Beto for example adopted a Control Model of prison management, which emphasizes
prisoner obedience, work and education (Sahara, 1988). Others have exemplified the
Responsibility Model of prison management that stresses prisoners responsibility for
their own actions, not administrative control to assure prescribed behavior. Proper
classification of inmates, according to this model, permits placing prisoners in the
least restrictive prison consistent with security, safety, and humane confinement.
Prisoners should be given a significant degree of freedom and then held to account
for their actions (Sahara,1988).
Other models of prison management have been prominent in the last four
decades. One is the Custodial Model, based on the assumption that prisoners have
been incarcerated for the protection of society and for the purpose of 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.
With the onset of the treatment orientation in corrections during the 1950s,
the Rehabilitation Model of institutional organization and prison management were
developed. In prisons of this sort, security and house keeping activities are viewed
primarily as a framework for rehabilitative efforts. Professional treatment specialist
enjoys a higher status than other employees, in accordance with the idea that all
aspect of prison management should be directed towards rehabilitation. During the
past decade, with the rethinking of the goal of rehabilitation, the number of

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institution geared toward that end has declined. Treatment programs still do exist in
most institutions, but very few prisons can be said to conform under this model.
The Reintegration Model is linked to the structures and goals of community
corrections but has direct impact on prison operations. Although an offender is
confined in prison, that experience is pointed toward reintegration into society. This
kind of treatment gradually give 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 the free society.
The entire focus of this approach is on the resumption of a normal life (Clear and
Cole, 1986).
The effects of these management philosophies, on the basis of existing
research, appear positive (Sahara, 1988). However, defects cannot be put aside.
Many still believe that prisons are supposed to both punish and rehabilitate prisoners
to normal daily life and to protect the society and other inmates from assaultive,
escape-prone prisoners. This conflicting goal leads to prison administrators offending
vocal interest groups. Measures taken to assure security or to punish prisoners
inevitably generate criticism from those who are committed to rehabilitation. Actions
taken to encourage prisoners rehabilitation anger line officers, who have the direct
responsibility of maintaining prison security, and the large segment of the public that
believe prisons exist to punish offenders (Sahara, 1988).
The concept of a Total Institution developed by Erving Goffman, has
influenced much research on prisons. He stated that the prison, like other total
institution, is a place of residence and work where a large number of like-situated
individuals, cut off from the 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 do not do
begins and ends there; every minute behind bars must be lived in accordance with
the rules as enforced by the staff. Adding to the totality of the prison is a basic split
between the large group of inmates. Those who have very limited contact with the
outside world and the small group of staff members who supervise the inmates and
yet are socially integrated with the outside world they live (Clear and Cole, 1986).
This concept of inmate treatment probably an influence of the broad goals of
incarceration. When we look at a prison, it is natural to believe that retribution,
incapacitation and deterrence are the goals being advanced, but one also know that
the most sought after goal is the rehabilitation of offender.
In the late 18th Century, America employed penitentiary as a means of
protecting prisoners from moral contamination and restoring them to habits of
correct living (Johnson, 1987). This is considered as the birth of a modern prison for
purposes of the prisoners reformation by protecting health and improving character.
In the context of corporal punishment, it seemed primitive and barbaric but these
punishments were the vestiges of the Old World (Johnson, 1987). In the New World,
by contrast, it was self-evident that a criminal was not a preordained sinner. His fate
was not sealed by the Almighty. He was instead a product of the society. While a
prisoner/sinner deserved punishment for his crimes, he also deserved to be
reclaimed by and for the society (Johnson, 1987). The penitentiary, the first prison
systematically designed to harness pain in service of the reformation of men, thus
embodied a glorious reform dream, providing a new prison for a New World (Clear
and Cole, 1986). It is further essential to note that the reformers or legislators who
supported the penitentiary did so with one firm criterion and that, the punishment is
humane and not replicate the brutal punishment of the past (Clear and Cole, 1986).
The penitentiary model of reformation applies two systems namely, the separate
and the congregate. The separate system used solitary confinement and manual
labor in which the prisoners were kept separate from one another as well as from the
outside world. The congregate system is one in which the prisoners slept in solitary
cells, worked together but complete silence is observed. They are united but no
moral connection exists among them. They see without knowing each other. They are
in a society without mental intercourse because there was no communication and
hence no interaction (Clear and Cole, 1986).

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The penitentiary was in practice, a custodial institution. It demanded absolute


obedience from criminals who have never learned to respect limits, follow rules, or
put in an honest days work and who, moreover, were the filthy elements of the
society.
Despite the theoretical emphasis on reform and the widespread use of the
terminology of rehabilitation, the actual experience of imprisonment for most
persons who are imprisoned in this century has been simply punitive. From the mid60s to the present, a new prison type has emerged which is defined by the climate of
violence and predation on the part of the prisoners. Known simply as the violent
prison, it has been aptly described as a human warehouse with a junglelike
underground (Johnson, 1987).
In the management of prisons, one recognizes that the pain suffered by the
prisoners can create more prison management problems rather than solve them.
When prisoners feel pain, prisons become hard to operate. According to Johnson
(1987), in principle, it is possible to escalate pain and break the will of the prisoners
and to resort into outright brutality and to run the prison on raw fear. He also stated
that prisons are meant to push and deter two goals that require pain and discomfort
even to the extent that conditions in jail are restrictive and even harsh. They are part
of the penalty that the criminal offender must pay for his offenses against society.
The constitution does not even mandate comfortable prisons so indeed prisons can
not be free from discomfort because by their very nature, always will be painful.
In the modern prisons, from the nineteenth century penitentiary to todays
prison system, administrators are deceptive on this score, preaching treatment but
practicing punishment (Johnson, 1987). The New Yorks famous Elmira Reformatory,
for example, is often described as the original model from which progressive
penology evolved. It was praised as a humanitarian hospital or college on the hill,
but pain as a fundamental fact of prison life was not acknowledged as an Elmiras
ingredients. Although the system developed a new, liberating reformatory and
produced a kind of scientific penitentiary, the system attributed largely on the result
of fear (Johnson, 1987).
The brutality inside prisons in todays world reflects a failure of policy, a
triumph of convenience over conscience, and a challenge to responsible prison
administrators. If our nurturing is defective, i.e. unappreciative, inconsistent, lax,
harsh and careless, one grows up hostile and this hostility seems as much turned
inward as it was turned outward. The nurturing environments that produce this
denigration of self and others are the factors that breed criminality.
If this is what really appears to be, then when will man realize the meaning
of reformation or rehabilitation for prisoners? Does it only end in wishful thinking?
Blumstein list five possible approaches that prison administrators may take to
deal with the prison crisis. Each approach has economic, social and political costs,
and each entails a different amount of time for implementation and impact.
First, the proponent of the Null Strategy say that nothing should be done,
that prisons should be allowed to become increasingly congested and staff should
remain to maintain them with the assumption that the problem is temporary and will
disappear in time. This, of course, may be the most politically acceptable approach in
the short run. In the long run, however, the approach may lead to riots as prisoners
take control of their situation and staff members become demoralized. It may
ultimately result in the courts declaring the facilities unconstitutional and taking over
their administration. Philosophical opponents of incarceration may support this
approach because they fear that other strategies will only result in greater numbers
of persons imprisoned.
Second, proponents of the Selective Incapacitation strategy argue that
expensive and limited prison space with the necessary number of staff to maintain
them should be used more effectively by targeting the individuals whose
incarceration will do the most to reduce crime. It shows that the incarceration of
some career criminals has a pay off in the prevention of multiple serious offenses.

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Third, the Population-Reduction strategy incorporates front door and


back door strategies. Front-door strategies divert offenders to non-incarcerative
sanctions, among them, community service, restitution, fines, and probation. Some
critics contend, that even if such alternative were fully incorporated into the
correctional system, they would affect only first time, marginal offenders, as they are
not appropriate for serious criminals if crime control is a goal and has the effect of
widening the net so that a greater number of citizens come under correctional
supervision. While the Back-door strategies such as detention, parole, work release
and good behavior are devised to get offenders out of the prison before the end of
their terms in order to free space for new comers.
Fourth, the Construction Strategy of building new facilities to meet the
demand for prison space for an advantageous prison management. The approach
comes to mind when legislators and correctional officials confront the problem on
prison crowding, sanitation and prison violence to expand the size, number of
facilities and personnel.
But given contemporary financial restrictions, this strategy may not be as feasible as
it seems. Opponents of this approach of prison management believe that given the
nature of bureaucracy, prison cells will always be filled as well as the conditions in
prisons has detrimental effect of incarceration on offenders.
Fifth, the Population-Sensitive Flow Control strategy urges the
sentencing be linked to the availability of prison space and management staff, that
policies be developed allowing the release of the prisoners when prison facilities
become crowded and staff are greatly outnumbered to manage prisoners, and that
each court be allotted a certain amount of prison space and staff members so that
judges and prosecutors make their decisions accordingly. This strategy depends on
the political will to release prisoners even in the face of public protest (Clear and
Cole, 1986).
Contemporary jails serve two vital purposes: they detain accused individuals
awaiting trial and they house sentenced offenders serving short terms. Some argue
that jails are outside the boundaries of the correction enterprise while others believe
that jails are important part of corrections and that they illustrate many complexities.
It is perhaps the most frustrating component of corrections for people who want to
help persons who find themselves under supervision. Many of them need a helping
hand, but the unceasing human flow usually does not allow time for such help nor
the resources available in most instances. Many programs have been tried and
alternatives to jails were developed, but the common experience is that they come to
be applied to persons who otherwise would be sentenced to probation or those who
will serve their sentences with in the community.
In the United States, a Federal Survey (Senna and Siegel, 1987) found out
that the ratio of probation to prison population is increasing as a faster rate than the
prison population. About 1,032,000 adult offenders were put on probation in 1984,
and about 904,000 finished their probationary period. Of these about 81.5 percent
were considered successful completions. The remainder, 18.5 percent, was
considered unsuccessful either because the probationer was incarcerated for a new
offense or because the probationer absconded or was in custody for another reason
(Senna and Siegel, 1987).
In the context of recidivism, the effectiveness of correctional policy can be
evaluated on the basis of whether former inmates return to life of crime. To assess
the extent of recidivism in the prison system, Lawrence Greenfeld of the Bureau of
Justice Statistics analyzed data from a national survey of prison inmates in
Washington D.C., United States. Greenfeld found that an estimated 61 percent of
those admitted to jail or prison had previously served a sentenced of imprisonment
as a juvenile, an adult, or both. Of the 39 percent entering prison who had no prior
imprisonment record, nearly 60 percent had convictions that resulted in probation
and 27 percent were on probation at the time of their offense. In all, about 85

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percent of entering inmates had prior convictions that had resulted in correctional
treatment.
Another disturbing fact uncovered by Greenfeld was that 46 percent of the
returning offenders would still have been in prison had they been forced to serve the
entire term of the sentence given them at their previous trial. Many offenders had
long criminal records before they committed the offense that gained them their
current sentence. He revealed that most inmates had prior criminal records. He also
said that current correctional policy is not sufficient to deter offenders for repeating
their law-violating behavior (Clear and Cole, 1986).
Based on the aforementioned information, it seems that civilization dictates
the realization of true reformation among prisoners. Civilization means a growth in
knowledge, which in turn increases the power to prevent or reduce pain. Civilization
also means an increase in our ability to communicate with others. Growth in
knowledge engulfs those who are outside immediate environment and this extends
to the circle of people with whom one emphasizes. As a result of civilization, its
progress is characterized by a higher tolerance for ones own pain, and that suffered
by others. This means that the spectacle, and even the very idea of pain must be
hidden from more and more people (Johnson, 1987). Ultimately, it must seem to
disappear from punishment itself. By this growing unwillingness to administer pain
does one measure his civilization and, by our example, continue the work of
civilizing prison management(Johnson, 1987).

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