1.
NON-INSTITUTIONAL, COMMUNITY-BASED CORRECTIONAL PRACTICES
The fact that our government is facing severe budgetary crisis does not augur well for the
Criminal Justice System most particularly the Corrections Pillar, which is the last destination
of society’s convicted offenders. With this cramped situation, our foreign lenders will also
downgrade our credit rating which has the inverse effect of increasing our interest rate
payments. The devaluation of the peso will also lead to an increase in the price of
imported oil which will in turn force prices of local goods to increase. B e c a u s e o f t h i s ,
t a x c o l l e c t i o n s d e c r e a s e , a s w h a t o u r g o v e r n m e n t i s experiencing now while
foreign debt payments increase, and prices of supplies and equipment increase. On-
institutional corrections refer to that method of correcting sentenced offenders
without having to go to prison. The advantages of this are that it is less costly on the part of
government, the offender’s family need not suffer since the offender will not be sent away
from them and he will still be able to go on with his life and livelihood thereby
enabling him to support his family. The community will also be involved so that crime
becomes less hard to control
ADVANTAGES OF COMMUNITY-BASED CORRECTIONS ARE:
1. Family members need not be victims also for the imprisonment of a member because the
convict can still continue to support his family, not to be far away from his children;
2. Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prisons who will only influence him to a life of crime;
3. Rehabilitation can be monitored by the community thus corrections can be made and be more
effective;
4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-
strapped government. An entire bureaucracy will be eliminated which includes the salaries,
benefits and perks of the officers and staff, capital outlays, operating costs, maintenance
of the facilities, subsistence of inmates, and many others.
2. Discuss the Concept of Non-Institutional or Community Based Correction
Community based corrections in the criminal justice system generally refer to an alternative
mode of punishment for convicted offenders of non-violent and petty offenses. This has been
popularized by the belief that convicted offenders need a form of correction that reintegrates
them into the society and the need to use scarce government resources in a productive way.
Alarid, L.F., Cromwell, P.F., & Carmen, R.V. (2007) Community based corrections are divided
into different programs depending on the needs and of its suitability to the subject. Most
common program used is the probation supervision to the convicted offenders. To which the
convicted offenders are subjected to a community supervision under a court-imposed conditions
for a specified time period during which the court can modify conditions for non-compliance. In
the Philippines, it is the responsibility of the Parole and Probations Administration (PPA) to
determine who are qualified for the probation program. Once determine and approved, the
offender shall be under the supervision of a Probation officer which is tasked to monitor the
whereabouts of the probationer and ensures that the pre-imposed conditions of probation are
being followed. Their responsibilities include monitoring of whereabouts of the probationer,
calls them, or schedule a face-to-face meeting and sometimes home visitation. In addition, the
probationer may be required to pay for and attend or participate counseling, substance abuse
treatment and or parenting classes. Another, form of community-based correction is the Day
Reporting Centers that co-exist with probation though I can be a more intensive form.
Concept-of-Non-Institutional-or-Community-Based-Correction study resource was shared via
CourseHero.com the probationer has to report on a monthly basis or depending upon the advised
by the Day reporting center. This occurs especially to the offenders under their supervision who
have previously violated probation conditions such as those who continue to abuse drugs or
alcohol. Other community-based correction also includes the Community Drug Treatment
Program, Community Service, and Fines. Thus, this is where the criminal justice system was
being assisted using reintegration and rehabilitation other than incarceration.
3. DISCUSS THE COMMUNITY BASED TREATMENT PROGRAM
A. WHAT IS ABSOLUTE PARDON?
- It is the total extinction of the criminal liability of the individual to whom it is granted
without any condition whatsoever resulting to the full restoration of his civil rights.
B. WHAT IS Conditional Pardons
A conditional pardon is an act to modify or end a sentence imposed by the court. Conditional
pardons are rare as the Governor does not typically substitute their judgment for that of the
courts. In order to be eligible for a conditional pardon, you must be currently incarcerated.
Medical
A medical pardon is a form of a conditional pardon and is granted to incarcerated individuals
who are terminally ill. In order to be considered for medical clemency, the individual must have
a life expectancy of three months or less. Due to this shortened time frame, medical pardons are
handled in an expedited process.
Immigration
A partial pardon is a form of a conditional pardon and can be granted to individuals who are
experiencing immigration issues. In order to be considered for immigration related clemency, the
individual must be facing deportation in 30 days or less. Due to this shortened time frame,
immigration clemency requests are handled in an expedited process.
C. WHAT IS COMMUTATION OF SENTENCE
A commutation of sentence is a reduction in sentence. In a commutation of sentence, a person is
not absolved from a conviction completely, but, his/her punishment is substituted with a lesser
punishment. For example, a death sentence may be commuted to a sentence of imprisonment for
life[i].
A commutation of sentence may be granted according to the statues existing in different states.
It is permitted by law to grant a commutation of sentence. A governor of a state is vested with
the exclusive power to pardon[ii] and it may be subject to legislative controls[iii]. A legislature
may provide for commutation of the sentence of convicts for good behavior.
In a commutation of sentence, there occurs a change in a sentence or punishment. Therefore it
does not include parole, because no sentence reduction takes place in parole.
D. WHAT IS REPRIEVE
Reprieve means the temporary suspension or delay in the implementation of a criminal
sentence ordered by the court. During the time of the reprieve, the implementation of the
sentence is postponed. Nevertheless, that does not imply that the sentencing and its legal effects
are no longer enforceable. Once the reprieve expires, the criminal sentence will be executed as
ordered by the court unless there are legal circumstances that change the initial sentencing, like
the result of an appeal. In no case shall the reprieve indefinitely postpone the sentence.
Commonly, the word reprieve refers to the temporary suspension of a death penalty sentence.
However, a reprieve may also apply to other types of criminal sentences, such as imprisonment.
Considering that a reprieve is only temporary, it should be differentiated from
a pardon or commutation of the sentence, all of which are permanent.
E. WHAT IS AMNESTY
Amnesty (from the Ancient Greek ἀμνηστία, amnestia, "forgetfulness, passing over") is defined
as "A pardon extended by the government to a group or class of people, usually for a political
offense; the act of a sovereign power officially forgiving certain classes of people who are
subject to trial but have not yet been convicted." [1] An amnesty constitutes more than a pardon, in
so much as it obliterates all legal remembrance of the offense. [2] Amnesty is increasingly used to
express the idea of "freedom" and to refer to when prisoners can go free.
Section 1. Proclamation of Amnesty. Amnesty is hereby decreed in favor of all persons who
have been arrested and/or charged, or although not arrested and/or charged may have committed
acts which make them liable for, violation of the provisions of Republic Act No. 1700, as
amended by Presidential Decree No. 885, and those who have been arrested for, and/or charged
or chargeable with crimes against public order as defined and penalized under the Revised Penal
Code, including those crimes and offenses which may have been committed by said persons in
furtherance thereof.
Sec. 4. Conditions for the grant of amnesty. Any person applying for amnesty pursuant to this
Decree must satisfy with the following requirements:
(a) If under arrest or charged as of the date of this decree, he must submit this application not
later than September 30, 1978 in the prescribed form hereto attached as AnnexIA;
If not under arrest, he must submit such application within six months after his arrest or
surrender;
(b) He must renew his oath of allegiance to the Republic of the Philippines and swear or affirm
to support and defend the Constitution of the Philippines; and
(c) He must surrender whatever unlicensed firearms and/or explosives and ammunition he may
have in his possession.
F. REMISSION OF FINES AND PENALTIES
Remission of fine, forfeiture and pecuniary penalty: removal of requirement to pay whatever
amount has been levied.
Reprieve or Remission of Fines and Forfeitures: A recommendation made by the Board of
Pardons and Paroles and/or action taken by the Governor to reduce and/or remove a fine or
forfeiture.
REMISSION
A release.
The remission of the debt is either conventional, when it is expressly granted to the debtor by a
creditor having a capacity to alienate; or tacit, when the creditor voluntarily surrenders to his
debtor the original title under private signature constituting the obligation. By remission is also
understood a forgiveness or pardon of an offence. It has the effect of putting back the offender
into the same situation he was before the commission of the offence. Remission is generally
granted in cases where the offence was involuntary, or committed in self defence.
Remission is also used by common lawyers to expresss the act by which a forfeiture or penalty is
forgiven.
G. EXECUTIVE CLEMENCY
It refers to the Commutation of Sentence, Conditional Pardon and Absolute Pardon maybe
granted by the president upon recommendation of the Board.
“Executive Clemency” refers to Reprieve, Absolute Pardon, Conditional Pardon with or without
Parole Conditions and Commutation of Sentence as may be granted by the President of the
Philippines;
H. PAROLE
“Parole” refers to the conditional release of an offender from a correctional institution after he
has served the minimum of his prison sentence;
I. What is probation?
Probation is a privilege granted by the court to a person convicted of a criminal offense
to remain in the community instead of actually going to prison/jail.
What are the advantages of probation?
The government spends much less when an offender is released on probation
than that offender be placed behind bars (jails/prisons).
The offender and the offender’s family are spared the embarrassment and
dishonor of imprisonment.
The offender and the offender’s family are spared the embarrassment and
dishonor of imprisonment.
