Title INSTITUTIONAL CORRECTIONS.pdf ✅

Compendium of Correctional Administration (CA) CORRECTION ADMINISTRATION (INSTITUTIONAL CORRECTION) CORRECTION - A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders.  Correction came from the root word “CORRECT” which mean “to right a wrong. CORRECTIONAL ADMINISTRATION - the study and practice of a system management of jails or prisons and other institution concerned with the custody, treatment and rehabilitation of criminal offenders. PENOLOGY – is the study of punishment of crime or of criminal offenders. It includes the study of control and prev ention of crime through punishment of criminal offenders.  The term deriv ed from the Latin word “poena” which means “Punishment” pain or suffering.  Penology is otherwise known as Penal Science.  (Classical Doctrine Influence) PENAL MANAGEMENT – refers to the manner or practice of managing or controlling places of confinement as jails or prisons. Functions of Corrections (MPRD)  Maintenance of Institution  Protection of law-abiding members of society  Reformation and Rehabilitation of offenders  Deterrence of Crimes It is also include different theoretical approach: 1. Classical theory 2. Neo-Classical theory 3. Positiv ism theory 4. Nature theory 5. Nurture theory 6. Masculinity Hypothesis 7. Psychoanalytic Theory 8. Social Disorganization Theory 9. Differential Association Theory 10. Demonological Theory 11. Social Bond Theory 12. Neutralization Theory “Drift Theory” 13. Subculture Theory 14. Imitation Theory 15. Cultural Transmission 16. Stain Theory 17. Doing Gender 18. Aging out phenomenon 19. Differential Opportunity theory 20. Containment Theory HISTORICAL DEVELOPMENT OF CORRECTIONAL SYSTEM Code of Hammurabi  The Law of the Talion (Lex Taliones) of the principle of “tit for tat” (“eye for an eye” or tooth for a tooth”) is one of the principle that can be viewed from most of the prov isions of the code of Hammurabi especially on sections inv olving punishments are either death or mutilation.  Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first codifier of laws  It prov ides the first comprehensive view of the laws in the early days  The Code was carved in stone  Under the principle of the law of talion, the punishment should be the same as the harm inflicted on the v ictim Highlights of the Code of Hammurabi: a) compensation to the v ictim of a robbery by the authorities of the city in which the robbery occurred if the thief was not caught b) the killer is answerable not to the family of the v ictim but to the king c) death was the penalty for robbery, theft, false witness, building a house that falls on its owner (if the house should collapse and kill the owner’s son, the son of the builder would be the one executed) d) a son who struck his father would suffer the amputation of a hand e) if in an assault a v ictim’s bone was broken, the same bone of the assailant would be broken The Hittites  About two centuries after the Hammurabi, the Hittites flourished ev en though part of their codes was discov ered, few of its prov isions are deciphered. What was observed in the code of the Hittites is a great Importance of morality. It only shows that ev en during the ancient time, v alues are greatly different from one group to other. Highlights of the laws of the Hittites: o capital punishment was used for many offenses, except for homicide or robbery o rape, sexual intercourse with animals, defiance of the authority and sorcery were all punishable by death o the law of homicide prov ided for the restitution to the v ictim’s heirs o law enforcement and judicial functions were placed in the hands of commanders of military garrisons The Religious Codes  The book of Deuteronomy, the fifth book in the Bible, contains the basis of the Jewish laws; one of the most prev ailing theories is that of the Ten (10) Commandments found in Chapter XII and XXVII. This is a form of cov enant between God and the people of Israel, giv en to Mosses on the mountain top (Mt. Sinai).  The counter part of this in the Islamic countries is the book of Koran, which has so much in parallel to the Christian and Jewish culture. Although it will be observ e that the Koran is more specific on three kinds of offenses: Homicide, theft and adultery. The Koran is of div ine origin and it is said to hav e been giv en by Allah to Prophet Mohammed. The Greek  The Code of Drakon “ULTIMATE SEVERITY” and the Solon are the two of the most famous codes of Greek at about sev enteenth century B.C. The Drakon comes first and later repealed by the Solon code except for some offenses still the principle of Talion was carried in these codes. Highlights of the Code of Drakon: o death was the punishment for almost ev ery offense o murderers might av oid execution by going into exile; if they return to Athens, it was not a crime to kill the o death penalty was administered with great brutality LAWS OF SOLON  Solon was appointed archon and was given legislativ e powers  Solon repealed all the laws of the Code of Drakon, except the law on homicide  Solon was one of the first to see that a lawgiver had to make laws that applied equally to all citizens and also saw that the law of punishment had to maintain proportionality to the crimes committed Highlights of the Laws of Solon: o the thief was required to return stolen property and pay the victim a sum equal to twice its v alue o for the crime of temple robbery, the penalty was death o for rape of a woman, the penalty was a fine of certain amount Rome and the Criminal law (the twelve tables)  Other codes, the Roman law has the longest influenced ov er many criminal laws, it begins with the Twelv e Tables of Wood, prepared in 451-450 B.C.  Presentation of the earliest Roman Codified laws, until it is largely incorporated into the Justinian Code finished in 529 and was revised in the next four (4) decades. Most of the English common law and Western World legal codes were said to have been deriv ed from it.  Roman law began with the Twelve Tables which were written in the middle of the sixth century BC
Compendium of Correctional Administration (CA)  the Twelv e Tables were the foundation of all laws in Rome and written in tablets of bronze  the Twelve Tables were drafted by the Decemvirs, a body of men composed of patricians Highlights of the Twelve Tables: o if a man break another’s limb and does not compensate the injury, he shall be liable to retaliation o a person who committed arson of a house or a stack of corn shall be burned alive o judges who accepted bribes as well as those who bribed them were subject to execution o any act of treason was punishable by crucifixion The Punishment in the Middle Age to the Criminal Law and Deterrence. After the fall of Rome in the fifth century A.D. - To the beginning of the Middle Ages in the thirteenth century, submerging Europe to the “Dark Ages” the roman laws were almost forgotten and strongly rev ived only during the Renaissance and Reformation and on to the Eighteenth and nineteenth centuries. “Act of the Punishment of Roque, Vagabonds and sturdy Beggars” (1597) Bridewell Institution Law that was enacted during the reign of King Henry VII (1509-1947) under his daughter Elizabeth I. It mandates that beggars should be return to their birth place, kept in jail or house of correction until they could be put to work. These became later the basis of transportation of criminals beyond the seas, as an alternative to corporal punishment. The Former Royal Palace of Bridewell, London (1557) Was the first work house for “poor and idle people”. 1602, Elizabeth I proclaimed that those prisoners who are not conv icted of murder, rape or burglary be sent to the Galleys to work as slav e or oarsman to row naval v essel and may ev en yield some profit out of their punishment. In 1703 - Pope Clement has Hospice de San Michelle in Rome. The prisoners were classified according to their age and crime they had committed. This placed was designed for incorrigible youths under 20 years of age and on top of their doors an inscriptions is written which reads, – “ It is insufficient to restrain the wicked by punishment unless you render them virtuous by corrective discipline.” At night they pray and sleep on separate cells for repentance but at day time work in a large central hall isolation, solitary work in the cells, bread and water diet, floggings and the black hole were some of the punishment, In 1735 Clement XII established an institution for woman based on the work of John Howard. In 1773, John Howard (1726-1790) (High Sheriff of Bedfordshire) As a young man he trav eled to Europe hoping to help in the relief of Lisbon after the disastrous earthquake of 1755. He was captured by the French and was held prisoner for two months in conditions of great barbarity. Lucky he was returned to England as exchange prisoner. Having been influenced by Beccaria and through his own experience he wrote a book entitled “ The State of the Prisons in England and Wales” which makes him known as one of the greatest prison reformer. 18th Century Considered to be one of the most brutal ages for punishing criminals. A combination of the Old and New system. Flogging was the most popular method of corporal punishment. Hanging is publicly done just like a scenario in a carniv al where the phrase gala day, gala occasion was derived from the word gallaome. 1718 - Punishment and transportation of criminals from England to America became a practice although it was abruptly halt in 1778 due to American Rev olution leading England to div ert her conv icts to Australia and New Zealand. Mid of the 19th Century (1875)- Transportation system was finally abandoned but over 135,000 felons had been sent to Australia and New Zealand. Old “Hulk”- (Abandoned and unsuitable transport ships) = was conv erted as prison in order to ease the congestion in prison. But this resulted into a more degrading life for both prisoners and guards to the point that they call is the “floating hell”. This ev en last for 85 years and no segregation was made between youth, man and woman. Later part of the 18th Century - Considered as the great transition and also known as the “Age of Reason or Age of Enlightenment” Baron de Montesquieu and Voltaire, took activ e part in making reforms in criminal law and procedure by stimulating the crusading zeal of an Italian Philosopher named Cesare Becarria. (BOARD QUESTION) 1870 to 1880 - The Golden Age of Penology (BOARD QUESTION) “On Crimes and Punishment, 1764” - Becarria’s great contribution to correction/penal system. A direct result of protest ov er cruelties and inequalities of the law and the courts. Its essential principles are follows:  The basis of all social action must be the Utilitarian concept, with emphasis on behavior that must be useful, purposeful and reasonable.  Crime must be considered an injury to the society and its extent should be rationally measured.  Prev ention of crime is more important than punishment for crime.  Secret Accusation and torture should be abolished as a part of criminal procedure. Speedy trial should be promoted and accused should be treated humanely before trial.  Punishment is justifiable only on the supposition that it helps deter a person from committing a crime. No capital punishment. Life Imprisonment is a better deterrent. Banishment is an excellent punishment for crimes against state. Crimes against property should be punished by fine or imprisonment only when the person is incapable of paying the fine. Capital punishment is irreparable and hence no provision for possible mistakes and the desirability or later reflection.  Imprisonment should be more widely employed but its mode of applications should be greatly through prov iding better physical quarters and by separating and classifying the prisoners into age, sex and degree of criminality. Jeremy Bentham – o “Greatest Happiness Principle” and o Hedonistic calculus (Felicific Calculus) o Utilitarianism o further dev eloped the Classical School of Criminology/Penology, o student of Beccaria o The concept of pain and pleasure. o He also designed the Panoptican Prison He saw punishment into four (4) objectives: a. To prev ent all offenses , if possible b. If a person chooses to commit an offense, punishment will persuade him to commit a less rather a more serious one; c. When a person made up his mind to commit a particular offense, punishment will disposes him to do more mischief than is necessary to his purposes; d. To prev ent the crime at as cheap a rate as possible. William Penns -“The Great Law” of the Pennsylvania Tuakers, prov iding more human treatment of offender. He is also responsible to the abolition of death penalty. The two rival prison Auburn System (1819)- Confinement of the prisoners in a single cell at night and congregate work in shops during the day. (Adopted by United States). Pennsylvania System (1829) - Confinement of prisoners in their own cells day and night (adopted by European Countries). Both Auburn and Pennsylvania observe complete silence Mariel Montesinos - (Director of the Prisons of Valencia, Spain in 1835) div ided prisoners into companies and appointed a prisoners a petty officer in charge. Academic
Compendium of Correctional Administration (CA) classes of one hour a day more giv en all inmates under 20 years of age. Domets (France) - Established agricultural colony for delinquent boys in 1839 focus on re-education. Once discharged, the boys placed under the superv ision of a patron. JAIL AND PRISON JAIL - it is the place for locking –up of persons who are conv icted of minor offenses or felonies who are to serve a short sentence imposed upon them by a competent court, or for confinement of persons who are awaiting trial or inv estigation of their cases 1. LOCK-UP JAIL - is a security facility, common to police stations, used to police stations, used for temporary confinement of an indiv idual held for inv estigations 2. ORDINARY JAIL - is the type of jail commonly used to detain a convicted criminal offender to serve less than three (3) years. 3. WORK HOUSE OR JAIL CAMP - a facility that houses minimum custody offenders who are serv ing short sentence or those who are undergoing constructive work program. It prov ides full employment of prisoners, remedial serv ices and constructive leisure time activ ities JAIL ACCORDING TO GENERAL 1. MUNICIPAL JAIL – Punishable with duration of 1 Day to 6 month 2. CITY JAIL - Punishable with duration of 1 Day to 3 years 3. DISTRICT JAIL - Punishable with duration of 6 months - 1 Day to 3 years 4. PROVINCIAL JAIL - Punishable with duration of 6 months - 1 Day to 3 years Prov incial Jail in the Philippines is not under the Jurisdiction of the Bureau of Corrections or Bureau of Jail Management and Penology. They are manage and controlled by the Prov incial Government IMPORTANCE OF JAIL 1. It serv es as a deterrent to would be criminal offender 2. It enables the wrong doer to be reformed and rehabilitated 3. To av oid influence of hardened criminal 4. To separate offender according to their duration of imprisonment 5. To determine the separation of jurisdiction between two or more cities 6. Help the gov ernment economically Prison – institutions for confinement of convicted offenders sentenced to more than three (3) years of imprisonment.  derived from the Greco-Roman word “presidio”  Administered by the National Government under the Bureau of Corrections.  Also called national prisons and also includes the penal colonies and penal farms. IMPORTANCE OF PRISON 1. It serv es as a deterrent to would be criminal offender 2. It enables the wrong doer to be reformed and rehabilitated 3. To av oid influence of hardened criminal 4. To separate offender according to their duration of imprisonment 5. To determine the separation of jurisdiction between two or more cities 6. Help the gov ernment economically PHILIPPINE PRISON HISTORY (C-BSINDSL) Memory aid Bilibid Prison 1847 - On Oroquieta Street in Manila. It was formally opened on April 10, 1866 by a Royal Decree. It was formerly known as “Mayhaligue Estate, and intentively for boys town but now it is currently known City Jail. San Ramon Prison and Penal Farm -On August 21, 1870, was established to confine Muslim rebels and intractable political prisoners opposed to the Spanish rule. The facility, which faced the Jolo Sea, had Spanish-inspired dormitories and was originally set on a 1,414-hectare sprawling estate.  Copra  Capt. Ramon Blanco  Zamboanga Del Sur Iwahig Prison and Penal Farm - Americans established in Nov . 04, 1904 the Iuhit penal settlement (now Iwahig Prison and Penal Farm) on a vast reservation of 28,072 hectares. It would reach a total land area of 40,000 hectares in the late 1950s. It was located on the westernmost part of the archipelago far from the main town to confine incorrigibles with little hope of rehabilitation.  Suggest of Gov . Luke Wright  Order of Gov . Forbes  Palawan  Reorganization Act 1407  1,000 Hectares  TAGUMPAY Settlement  (6 Hectares) homestead lots distributed to inmates for those who liv e there  RDC  Lt. George Wolfe became its 1st Superintendent The area was expanded to 41,007 hectares by virtue of E.O 67 issued by Governor Newton Gilbert on October 15, 1912. (SIMC)  Sta. Lucia Sub - Colony  Inagawan Sub - Colony  Montible Sub - Colony  Central Sub – Colony National Bilibid Prison - On January 22, 1941. The prison reserv ation had an area of 587 hectares, part of which was arable. The prison compound proper had an area of 300 x 300 meters or a total of nine hectares. It was surrounded by three layers of barbed wire.  Lt. George Wolfe was its 1st Prison Director  Muntinlupa, City  Lethal Injection is located For maximum security facility how high should the walls be constructed? A. 8 – 12 feet (Minimum) B. 12 – 14 feet (medium) C. 18 – 25 feet (maximum) D. 30 – 35 feet Note:  President Fidel V. Ramos signed in to law the imposition of Death Penalty on Heinous Crime (R.A 7659) Dec. 13, 1993  Lethal Injection (R.A 8177) March 20, 1996  Feb. 5, 1999, Leo Echegaray was first death conv ict executed thru Lethal Injection.  Chemicals Compound of Lethal Injection 1. Sodium Thiopental – put convict to sleep. 2. Pancuronium Bromide – Paralyze the muscles 3. Potassium Chloride – stop the heart beat Maximum security compound at NBP Main Building,  death convicts  inmates sentenced to life term  numerous pending cases,  multiple conv ictions, and  Sentences of more than 20 years. Medium security Camp, 2.5 kilometers from the main building. This became known as Camp Sampaguita, WHERE THE RECEPTION DIAGNOSTIC CENTER (RDC) LOCATED, YOUTH DETENTION CENTER Minimum Security Camp, at Bukang Liwayway. Half-Way House, for those who will release Juvenile Training Center - Both projects are supported by funds from Japan through the representation of the Interdisciplinary Committee of National Police Commission (NAPOLCOM). Davao Penal Colony and Farm
Compendium of Correctional Administration (CA)  Tagum, Dav ao del Norte  Approximate Land Area is 30,000 hectares  First penal settlement organized under Filipino Administration  Jan. 21, 1932 (Act 3732 & Proc. 414 series 1931) signed by Gov. Dwight Davis  Tagum Dev elopment Company (TADECO)  Tanglaw Settlement  Banana (3000 Hectares)  Tagum Settlement Two Sub – Colony (PK)  Panabo Sub - Colony  Kapalong Sub – Colony Sablayan Penal Colony and Farm  Occidental Mindoro  Established Sept. 27, 1954  Four Sub – Colony (CPPY) o Central Sub – Colony o Pusog Sub – Colony o Pasugui Sub – Colony o YapangSub - Colony Leyte Regional Prison  Abuyog Leyte  Established Jan. 16, 1973, by Ferdinand E. Marcos  Considered as the youngest Prison Note: “National Correctional Consciousness week” Every last week of October Correction Institution for Women (CIW)  Nov . 27, 1929  Establishment of the Correctional Institution for Women in Mandaluyong City under Act No. 3579  Its old name was  “Women’s Prison”  Total land area is 18 hectares  In 1934, the position of Female Supt was made for the operation of this penal facility Note: The Bureau of Prisons was renamed Bureau of Corrections under the New Administrative Code of 1987 and Proclamation No. 495 issued on November 22, 1989 (EO292) GOOD CONDUCT TIME ALLOWANCE (Granted by the Director of Prison) Years of good behav ior Allowance earned 1year - 2 years 5 days per month 3 years - 5 years 8 days per month 6 years - 10 years 10 days per month 11 years and up years 15 days per month Special allowance for loyalty - It is a deduction of 1/5 of the period of sentence to any prisoner who, having evaded the serv ice of his sentence under the circumstances in art. 158 RPC giv es himself up to the authority within 48 hours following the issuance of a proclamation announcing the passing away of the calamity by the President of the Philippines Under Republic Act 10592. I made table so the readers would understand easily. REPUBLIC ACT NO. 10592 (MAY 29 2013) - AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE Good Conduct Time Allowance under R.A. 10592 Year of good behav ior Days to be deducted 1-2 years 20 days per month 3-5 years 23 days per month 6-10 years 25 days per month 11 year and more 30 days per month Note: At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring serv ice time rendered. “An appeal by the accused shall not depriv e him of entitlement to the above allowances for good conduct.” Special allowance for loyalty - It is a deduction of 1/5 of the period of sentence to any prisoner who, having evaded the serv ice of his sentence under the circumstances in art. 158 RPC giv es himself up to the authority within 48 hours following the issuance of a proclamation announcing the passing away of the calamity by the President of the Philippines Also include under R.A 10592 “ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be granted to any prisoner who, hav ing ev aded his preventive imprisonment or the serv ice of his sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code. “This Article shall apply to any prisoner whether undergoing prev entive imprisonment or serv ing sentence.” PRISONERS - FRISKING - RDC (Reception and Diagnostic Center) 5 days quarantine, 55 days stay (60days) According to Security Risk  Max = sentenced to 20 years (Orange/tangerine)  Medium = (blue)  Minimum =(brown)  Detainee (gray)  BJMP all are in (yellow) According to privilege  Colonies,  1st class,  2nd class,  3rd class 1. 3rd class - 3 times or more sentences 2. 2nd class - 1st time offender 3. 1st class - skilled prisoner 4. Colonies = they came from the first class which was giv en privilege. They can wear civ ilian cloth during program, receiv ed the regular GCTA plus 10 days. (You can ev en request your wife from CIW to transfer in the colony or ev en with the entire family) Leaves from prison  60 days before election and 30 days after election no release of prison.  Death = leav e should only be allowed for medium and minimum risk prisoner (immediate relativ e/legitimate spouse) apply two days before and allowed within 30 kilometers radius by land  3 days before – interv iew with minimum and medium Note: Waiver and liability signed by/reported when requesting for interv iew  Halfway house = Japan Nagoya halfway house with 2 hours caring institution for those who are about to be release.(BOARD QUESTION) RIOTS OR DISTURBANCE  1 ST GROUP – ANTI RIOT CONTINGENCY GROUP NO F/A  2ND Group– Back up group may use teargas.  3rd Group= trained to handled gun. COMMAND Group 1. Chief 2. Dept. Chief 3. Chief of Staff Disciplinary Actions 1. BJMP - Disciplinary Board (resolv es issues within 48 hours)