CorAd Institutional-Corrections
CorAd Institutional-Corrections
CORRECTIONS
Desired Competencies:
1. Recall and explain the theories and principles of Penology, Punishment, Penalty,
Sentencing, and Rehabilitation, including the rights, legal limitations, and conditions set
forth by the Constitution, Law, and United Nations Declarations.
2. Describe, understand and apply the functions, organization, administration,
management, operations, planning, decision-making process, training, disciplinary
process, and accountability of personnel in the BJMP, Provincial Jail, BUCOR, and other
facilities.
3. Explain, use, and analyze the admission process of persons deprived of liberty, release
of persons deprived of liberty, security and safety processes and requirements of PDLs
inside the institution, visitation, movement, and escorting procedure, the trial of PDLs,
custody, control and disciplinary process of PDLs in the BJMP, Provincial Jail, BUCOR,
and other facilities.
4. Understand, apply and evaluate the principles, management, planning, and decision-
making of crises and incidents in the BJMP, Provincial Jail, BUCOR, and other facilities in
case of riot, escape, hostage, contrabands, fire, food poisoning, flood, earthquake,
typhoon, and other calamities and incidents.
PENOLOGY
Penology
- that part of the science of criminology that studies the principles of punishment and the
management of prisons, reformatories and other confinement units
- derived from a Latin word “poenalis” which means “punishment” and from a Greek word “poene”
which means “penalty or fine”.
- coined by Francis Lieber
Correction
- includes all government agencies, facilities, programs, procedures, personnel, and techniques
concerned with the investigation, intake, custody, confinement, supervision, or treatment of alleged
offenders.
- branch of criminal justice concerned with the custody, supervision, and rehabilitation of convicted
offenders
- the study of the methods that have been and are employed for the punishment and deterrence of
such behavior and the study of the efforts to accompany punishment with measures that are
intended to change or correct the offender.
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.
Penal Management
- refers to the manner or practice of managing or controlling places of confinement as jails or prisons.
Punishment
- the redress that the state takes against an offending member
- the general concept is the infliction of some sort of pain on the offender for violating the law
a. A collective responsibility – everyone in the social group was required to take part in at least
public condemnation of the offender with the intent of preventing the cause to spread
throughout the social group
b. A formal responsibility – carried out by professional specialist in the employ of governments
2
• Inquisition (1215)
- a former Roman Catholic tribunal for the discover and punishment of heresy which allowed
“Torture”.
- throughout this Dark Age Church can punish anyone
Justification of Punishment
a. Retribution – punishment of an offender was carried out in the form of vengeance.
b. Expiation or Atonement – this was in the form of group vengeance
3
c. Deterrence or Exemplarity – punishment gives lesson to the offender by showing to others what
would happen to them if they violate the law.
Kinds of Deterrence:
• Specific deterrence – punishing an individual so that he will not commit the crime again
• General deterrence – punishing an individual to set an example to society so that others will
not commit the same crime
d. Protection – by placing offenders in prison society is protected from further criminal depredation of
criminals
e. Reformation – society’s interest can be best served by helping the prisoner become a law-abiding
citizen and productive upon his return to the community by requiring him to undergo an intensive
program of rehabilitation.
Durations of Penalty
• Reclusion Perpetua - 20 years and 1 day to 40 years
• Reclusion Temporal- 12 years and 1 day to 20 years
• Prision Mayor - 6 years and 1 day to 12 years
• Prision correccional - 6 months and 1 day to 6 years
• Arresto Mayor - 1 month and 1 day to 6 months
• Arresto Menor - 1 day to 30 days
Early Prisons
• Mamertine Prison – early place of confinement in Rome in 64 BC using primitive dungeons built
under the main sewer.
• Sanctuary – an asylum that placed the wrong doer in seclusion of arrest in cities followed by Christian
Church.
Early Workhouses
• Bridewell - a workhouse for vagabonds, idlers and rogues.
- vagrants and prostitutes were given works while serving their sentence
4
Early Cellular Prison
• Maison de Force – a Belgian workhouse for beggars and miscreants, designed to make a profit by
an enforced pattern of hard work with both discipline and silence.
Jean Jacques Philippe Villain - pioneered classification to separate women and children from
hardened criminals
• Hospice of San Michele – a correction facility designed for incorrigible boys and youth, and included
silence, large work areas, and separate sleeping cells.
• Wallnut Street Jail – a detention jail in Philadelphia created by the Quakers and converted into a state
prison and became the first American Penitentiary.
Important Personalities
• Charles Montesquieu – believe that harsh punishment would undermine morality and that appealing
to moral sentiments as a better means of preventing crime.
• Voltaire – believes that fear of shame is a deterrent to crime.
• Jeremy Bentham – argued that the crime rate would go down if the amount of punishment were
carefully calibrated to deter potential offenders and maximize pleasures.
Panopticon Prison - consisted with a large, cast iron and glass containing multi- tiered cells
around the perimeter with an observation tower that has a special shutter to prevent the
prisoners from seeing the guards
• John Howard – an English high sheriff who was so appalled by jail conditions that he undertook a
crusade to improve places of detention
- prisoners must be segregated according to sex, age, and gravity of their offense
• Manuel Montesimos – the Director of Prisons at Valencia, Spain who divided prisoners into
companies and appointed prisoners as petty officers in charge
- allowed the reduction of inmates’ sentence by 1/3 for good behavior.
• Domets of France – established an agricultural colony for delinquent boys in 1839, providing house
fathers as in charge of these boys.
• Alexander Macanochie – superintendent of the Penal Colony at Norfolk Island in Australia
- introduced the ‘’Mark System’’ wherein a prisoner, was required to earned a number of marks
based on proper department to entitled him to a ticket of leave similar to parole.
• Sir Walter Crofton – Director of the Irish Prisons in 1854 who introduced the Irish System which was
later on called the Progressive Stage System.
The Irish system 4 stages:
1. Solitary confinement of prisons for 9 months, receiving reduced diet and monotonous work,
gradually progressing to a better treatment towards the end pf the first stage;
2. Assignment to a public works in associating with other convicts;
3. Sending to place which was a sort a preparation for release where the prisoner worked
without custodial supervision. Exposing him to ordinary temptations of freedom;
4. Release of the prisoner of the supervision under conditions equivalent to parole.
• Zebulon R. Brockway - the superintendent of the Elmira Reformatory in New York who introduced a
new institutional program for boys, 16-30 years of age.
Note: Elmira Reformatory - forerunner of Modern Penology
Under this program:
• A new prisoner is classified as second grade
• Promoted to first grade after 6 months of good behavior
• Another 6 months of good behavior in the first grade qualified him for parole.
- if the prisoner commits misconduct, demoted to third grade requiring him to show
good behavior for 1 month before he could be re-classified to second grade
5
• Sir Evelyn Ruggle Brise – the Director of English Prisons who opened the Borstal Institution after
visiting Elmira Reformatory
Borstal Institution - system was based entirely on individualized treatment
Note: The best reform institutions for young offenders.
JAIL
Difference Between Prison and Jail
As to origin of the word:
• Prison - originated from the Greco-Romano word “Presidio” meaning “a military post or fortified
settlement”
• Jail - originated from the Spanish word “Caula or Jaula” which literally means “cage”
As to definition:
• Prison - an institution for the imprisonment of persons convicted of major or serious crimes - more
than 3 years penalty
• Jail - place of confinement for those who are awaiting for trial or are serving short sentences
As to who administers:
• Prison - administered by a national government
• Jail - administered by a province, city and municipality
Objectives of BJMP
a. To improve the living conditions of offenders in accordance with the accepted standards set by the
United Nations
b. To enhance the safekeeping, rehabilitation and development of offenders in preparation for their
eventual reintegration into the mainstream of society upon their release
c. To professionalize jail services.
Core Values
a. Commitment - strong sense of dedication to the ideals of the organization and to the public that it
serves
b. Respect for Human Rights - to promote and protect the rights of our fellow human beings
c. Efficiency/Competence - mastery of important skills for delivery of quality services
d. Cooperation - willingness to share efforts in implementing plans and achieving goals
e. Teamwork - the combined effective action of all personnel
Principles
a. Humane treatment of inmates
b. Observance of professionalism in the performance of duties
c. Multi-sectoral approach in the safekeeping and development of inmates can be strengthened
through active partnership with other members of the criminal justice system and global advocates
of corrections
Definition of Terms:
• Commitment Order - a written order of the court, or any other agency authorized by law to issue,
entrusting an inmate to a jail for the purpose of safekeeping during the pendency of his/her case.
6
• Mittimus Order - a warrant issued by a court bearing its seal and the signature of the judge, directing
the jail or prison authorities to receive inmates for the service of sentence.
• Carpeta - otherwise known as “inmate record or jacket”
- contains the personal and criminal records of inmates, documents related to his/her
incarceration such as but not limited to
a. commitment order
b. Subpoenas
c. personal identification
d. orders from the court
e. all other papers necessarily connected with the detention of an inmate.
• Commitment - means entrusting for the confinement of an inmate to a jail by a competent court or
authority, for the purposes of safekeeping during the pendency of his/her case.
Categories of Inmates
a. Prisoner - PDL who is convicted by final judgment
b. Detainee - PDL who is undergoing investigation/trial or awaiting final judgment.
Classification
- refers to assigning or to grouping of inmates according to their respective penalty, gender, age,
nationality, health, criminal records, etc.
Classification of Detainees
a. Undergoing investigation
b. Awaiting or undergoing trial
c. Awaiting final judgment
Classification of Prisoners
a. Insular Prisoner - one who is sentenced to a prison term of 3 years and 1 day to reclusion perpetua
or life imprisonment
b. Provincial Prisoner - one who is sentenced to a prison term of 6) months and 1 day to 3 years
c. City Prisoner - one who is sentenced to a prison term of 1 day to 3 years
d. Municipal Prisoner - one who is sentenced to a prison term of 1 day to 6 months.
7
c. High Value Target (HVT)
- either a resource or a person
Who may be:
a. an enemy combatant, high ranking official or a civilian in danger of capture or death
b. typically, in possession of critical intelligence, data, or authority
c. marked as an objective for a mission and which a commander requires for the
successful completion of the same.
d. Security Threat Group
- any formal or informal ongoing inmates’ group, gang, organization or association consisting
of three or more members falling into one of the following basic categories
• street gangs, prison gangs, outlaw gangs, traditional organized crime
• aboriginal gangs, subversive groups, terrorist organizations.
e. Subversive Group
- a group of persons that adopts or advocates subversive principles or policies tending to
overthrow or undermine an established government
f. Terrorist Group
- a group of persons that commits any of the following:
• piracy and mutiny, rebellion or insurrection, coup d’état, murder, kidnapping and
serious illegal detention, crimes involving destruction, arson
• hijacking, violation of laws on toxic substances and hazardous and nuclear waste
control, violations of atomic energy regulations, anti-piracy and antihighway robbery,
unlawful possession, manufacture of firearms, ammunitions or explosives.
g. Violent Extremist Offender (VEO)
- a person whose political or religious ideologies are considered far outside the mainstream
attitudes of the society
- or those who violates common moral standards and who has adopted an increasingly
extreme ideals and aspirations resorting to the employment of violence in the furtherance of
his/her beliefs
h. Medium Risk Inmates
- those who represent a moderate risk to the public and staff.
- require greater security, control and supervision as they might escape from and might
commit violence inside the jail.
i. Minimum Risk Inmates
- those who have lesser tendencies to commit offenses and generally pose the least risk to
public safety
- may be first time offenders and are charged with light offenses.
Administrative Group
• Personnel Management Branch – tasked for the assignment of personnel, procedures pf selection,
preparation of personnel reports and individual record files
• Records and Statistics Branch – keeps and maintain booking sheets and arrest reports, keep and
orderly record of fingerprints and photographs, prepare and presents statistical date of inmates.
• Property and Supply Branch – takes charge of the safekeeping of equipment and supplies and
materials needed for the operation of the jail.
• Budget and Finance Branch – takes charge of all financial matter such as budgeting, financing,
accounting and auditing
• Mess Service Branch – prepares the daily menu, prepares and cook the food and serve it to the
inmates
• General Services Branch – maintains and repairs of jail facilities and equipment
• Mittimus Computing Branch – receives court decisions and computes the date of the full completion
of the service sentence of inmates.
Reception Procedures
1. Gater
- checks the credentials of the person bringing the inmate to determine his identity and
authority
- reviews the completeness of documents before the the committing officer is allowed to enter
the facility.
a. Commitment Order
b. Medical Certificate – taken within 24 hours prior to admission
c. Complaint/Information
d. Police Booking Sheet
e. Certificate of Detention from PNP and/or NBI.
- subject the person to be committed and hisescorts for search and inspection
2. Records Unit
- examines the completeness and authenticity of the requirements for Commitment
3. Health Unit
- checks the authenticity of the entries in the medical certificate
- conducts thorough physical examination of the inmate to determine his or her true physical
condition
9
4. Records Unit
- receives the inmate and the documents from the committing officer
- starts the booking procedures
- store all documents in the Inmate’s Carpeta.
5. Property Custodian
- checks the inmate’s belongings for presence of contraband
- takes all cash and other personal properties from the inmate, lists them down on a receipt
form with duplicate, duly signed by him and countersigned by the inmate
- keeps all cash and other valuables of the inmate in a safety vault
6. Desk Officer
- books the newly committed inmate in the jail blotter
- assigns the inmate to a reception area for orientation on jail rules and regulation
7. Assistant Warden or Officer of the Day
- orients the newly committed inmates on jail rules and regulations using the Inmate’s
Orientation Sheet
8. Jail Warden
- coordinates with concerned agencies regarding the case of inmate for speedy disposition
and to furnish them with copies of the available needed documents.
- see to it that all concerned agencies and persons will be informed of the commitment of the
inmate in his jail by submitting a written report
Classification Board
- tasked to conduct background investigation of PDLs to determine the cell assignment, the
appropriate rehabilitative program, the type of supervision and degree of custody and restrictions
applicable to the PDLs
- Assistant Warden as the Chairperson
For Prisoners:
a. Admonition or verbal reprimand
b. Restitution or reparation
c. Additional job functions/community service within the jail premises
d. Temporary or permanent cancellation of some or all recreational privileges
e. Reduction of visiting time
f. Close confinement in a cell for a period not exceeding 7 days
g. Transfer to another BJMP jail in the area
10
h. Suspension of visiting privileges for a period not exceeding 1 month
i. Permanent cancellation of visiting privileges
Punishable Acts
Minor Offenses:
a. Selling or bartering with fellow PDL items not classified as contraband
b. Rendering personal service to fellow PDLs
c. Untidy or dirty personal appearance
d. Littering or failing to maintain cleanliness and orderliness in his/her quarters and/or surroundings
e. Making frivolous or groundless complaints
f. Taking the cudgels for or reporting complaints on behalf of other inmates
g. Reporting late for inmate formation and inmate headcount without justifiable reasons
h. Willful waste of food.
Less Grave Offenses:
a. Failure to report for work detail without sufficient justification
b. Failure to render assistance to an injured personnel or inmate
c. Failure to assist in putting out fires inside the jail
d. Behaving improperly or acting boisterously during religious, social and other group functions
e. Swearing, cursing or using profane or defamatory language directed at other persons
f. Malingering or pretending to be sick to skip work assignment
g. Spreading rumors or malicious intrigues to besmirch the honor of any person, particularly BJMP
personnel
h. Failure to stand at attention and give due respect when confronted by or reporting to any BJMP
personnel
i. Forcing fellow inmates to render personal service to him/her and/or to others
j. Exchanging uniforms or wearing clothes other than those issued to him/her for the purpose of
circumventing jail rules
k. Loitering or being in an unauthorized place
l. Using the telephone without authority from the desk officer/warden
m. Writing, defacing, or drawing on walls, floors or any furniture or equipment
n. Withholding information, which may be inimical or prejudicial to the jail administration
o. Possession of lewd or pornographic literature and/or photographs
p. Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason
q. Failure to turn over any implement/article/s issued after work detail.
Grave Offenses:
a. Making untruthful statements or lies in any official communication, transaction, or investigation
b. Keeping or concealing keys or locks of places in the jail which are off-limits to inmates
c. Giving gifts, selling, or bartering items with jail personnel
d. Keeping in his/her possession money, jewelry, cellular phones or other communication devices and
other items classified as contraband under the rules
e. Tattooing others or allowing him/her to be tattooed on any part of the body, or keeping any
paraphernalia to be used in tattooing
f. Forcibly taking or extorting money from fellow inmates and visitors
g. Punishing or inflicting injury or any harm upon himself/herself or other inmates
h. Receiving, keeping, taking or drinking liquor and prohibited drugs
i. Making, improvising or keeping any kind of deadly weapon
j. Concealing or withholding information on plans of attempted escapes
k. Unruly conduct and flagrant disregard for discipline and instructions
l. Escaping, attempting or planning to escape from the institution or from any guard
m. Helping, aiding or abetting others to escape
n. Fighting, causing any disturbance or participating therein and/or agitating to cause such disturbance
or riot
o. Indecent, immoral or lascivious acts by himself/herself or others and/or allowing himself/herself to
be the subject of such indecent, immoral or lascivious acts
p. Willful disobedience to a lawful order issued by any BJMP personnel
q. Assaulting any BJMP personnel
r. Damaging any government property or equipment
s. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or
perversion of legal procedures as a mock court by the inmates in a jail/prison
t. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate
themselves from others
11
u. Failing to inform the authorities concerned when afflicted with any communicable disease, such as
tuberculosis, sexually-transmitted diseases, etc.
v. Engaging in gambling or any game of chance
w. Committing any act which violates any law or ordinance, in which case, he/she shall be prosecuted
criminally in accordance with law
x. Committing any act prejudicial to good order and discipline.
Movement/Transfer of Inmates
- prisoners or detainees may be moved or transferred safely and humanely by trained personnel who
shall adopt the necessary level of security, supervision, and control
When will a PDL be brought out of jail?
1. To appear, as witness before any court of justice or prosecutor’s office during preliminary
investigation, arraignment or hearing of a criminal case
2. To appear as witness in any investigation or formal inquiry being conducted by a government agency
3. To view the remains of a deceased relative within the second degree of affinity or consanguinity
4. To undergo medical examination or treatment in a hospital or clinic
Note:
a. PDL may be transferred to another institution only upon specific order of the court having
jurisdiction over him
b. where hospitalization is necessary: notify the regional director and the court concerned within 6
hours after the inmate is brought to the hospital or within 6 hours from the first hour of the
following day
BUREAU OF CORRECTIONS
Bureau of Corrections
Reorganization Act 1407 (November 1, 1905)
- created the Bureau of Prisons
Executive Order 292 or the RAC of 1987 (Book IV, Title III, Chapter 8, Sec. 26)
- renamed into Bureau of Corrections which shall have its principal task to rehabilitate prisoner
15
Non-Operational National Prisons
• Fort Bonifacio Prison
- formerly known as Fort William McKinley
- a military reservation located in Makati
- incorrigibles were mixed with political prisoners (those convicted of rebellion) until it was
converted into a prison exclusively for political offenders.
- in the late 1980’s, the facility was vacated by the Bureau of Prisons.
• Corregidor Prison Stockade
- established in 1908 during the American regime
- prisoners were transferred from the Old Bilibid Prison to Corregidor
- this island prison was never reopened.
• Bontoc Prison
- established under Act No. 1876
- found in Bontoc, Mountain Province
- built for the prisoners of the province and insular prisoners who were members of the non-
Christian tribes of Mountain Province and Nueva Viscaya
- could be reached only through narrow, poorly developed mountain roads
- enormous expenses were incurred in transporting personnel, equipment and supplies so the
facility was not used anymore for correction
16
Classification of inmates as to entitlement to privileges
a. Detainee
b. Third Class inmate – previously committed for 3 or more times as a sentenced inmate
c. Second Class inmate — a newly arrived inmate; an inmate demoted from first class; or one promoted
from the third class
d. First Class inmate — one whose known character and credit for work while in detention earned
assignment to this class upon commencement of sentence; or one who has been promoted from
the second class
e. Colonist - at least a first class inmate; has served 1/5 of the maximum term of his prison sentence
Privileges of a Colonist
a. credit of an additional GCTA of 5 days for each calendar month aside from the regular GCTA
b. automatic reduction of the life sentence to 30 years
c. to have his wife and children, or the woman he desires to marry, live with him in the prison and penal
farm
d. issuance of a reasonable amount of clothing and ordinarily household supplies in addition to free
subsistence
e. to wear civilian clothes on such special occasions
Definition of Terms:
• Inmate – person confined in jails/prisons to serve his sentence or for safekeeping who is officially
called Person Deprived of Liberty (PDL)
• Person Deprived of Liberty (PDL) – a detainee, inmate, or prisoner, or other person under
confinement or custody; a new and neutral phrase under Article 10, of International Covenant on
Civil and Political Rights (ICCPR),
• National Inmate – refers to an inmate sentenced by a court to serve a term of imprisonment for more
than 3 years or to a fine of more than 1000 pesos
- those sentenced for violation of customs law or violation of immigration and election laws
- those serving two or more prison sentences in the aggregate exceeding the period of 3 years
• Safekeeping – the custodial mandate of the BuCor’s present corrections system
- the act that ensures the public that national inmates are provided with their basic needs
Note: “accord the dignity of man” - core objective of safekeeping
Safekeeping includes:
a. Decent and adequate provision of basic necessities such as shelters/quarters, food, water,
clothing, medicine.
b. Proper observance of prescribed privileges such as regulated communication and
visitation.
c. Efficient processing of necessary documentary requirements and records for their timely
release.
• Security - the complementary component of Safekeeping in custodial
- ensures that inmates are completely incapacitated from further committing criminal acts, and
have been totally cut off from their criminal networks while serving sentence inside the
premises of the national penitentiary
- includes protection against illegal organized armed groups which have the capacity of
launching an attack on any prison camp of the national penitentiary to rescue their convicted
comrade or to forcibly amass firearms issued to corrections officers.
• Reformation
- acts which ensure the public that released national inmates are no longer harmful to the
community by becoming reformed individuals prepared to live a normal and productive life
upon reintegration to the mainstream society
POSITION RANK
Director General of Corrections Undersecretary
Deputy Director General of Corrections Assistant Secretary
Deputy Directors:
1. Administration
2. Security and Operations
3. Reformation
Corrections Chief Superintendent Chief Superintendent
Corrections Senior Superintendent Senior Superintendent
Corrections Superintendent Superintendent
18
Custodial Officers
• Corrections Deputy Director • Corrections Senior Officer III
• Corrections Chief Superintendent • Corrections Senior Officer II
• Corrections Senior Superintendent • Corrections Senior Officer I
• Corrections Superintendent • Corrections Officer III
• Corrections Chief Inspector • Corrections Officer II
• Corrections Senior Inspector • Corrections Officer I
• Corrections Inspector
• Corrections Senior Officer IV
Release of PDL
An inmate may be released from prison:
a. upon the expiration of his sentence
b. by order of the Court or of competent authority
c. after being granted parole, pardon or amnesty
Note:
- a PDL shall not be allowed to leave prison 60 days before and 30 days after an election
- a PDL shall be transferred to the Separation and Placement Center 30 days before his scheduled
date of release to prepare him for reentry into free society
19