Institutional Corrections

Institution

 place of care or confinement: a place where

people who are, e.g. mentally or physically
challenged are cared
 Corrections

 punishment to reform somebody: punishment,

especially when meant to improve or reform the
person
 Part I.

 History, Evolution, Philosophy and

Objectives of Prison
 Code Hammurabi

 1750 – first imposition of penalty came about in

Babylonia under the Code Hammurabi
 Core principle is Lex taliones or eye for an eye and a
tooth for a tooth…
 Lex taliones is a two tiered - stiffer penalties for the
upper class against the lower class.
 Code of Hammurabi

 Find its way to Manama Dharma of India,

Hermes Trismegitus of Egypt and the Mosaic
Code in the Bible.
 Espouses naked revenge and restitution as a
part of justice.
 Restitution rooted during the Code of Hammurabi
 Mosaic Code
 it premised on the concept of retribution (revenge)
but they allow settlement among parties.
 Lex taliones is resorted if victim agrees to the
restitution (restoration)
 Extreme punishment is allowed such as flogging
(beating) burning alive and etc.
 Accused has its right to torture and admission of
guilt is admissible only when supported by
confirmatory testimony of witness.
 King Ur-Nammu Code

 Decreed the imposition of restitution and fines,

mutilation and savage revenge.
 Holds offender shall be punished, victim must be
paid of whatever suffered by him as a result of the
crime.
 Also carries the restorative justice
 Ancient Greece

 Testimony of slaves can be accepted as evidence

when extracted thru torture.
 The use of FURCA is rampant it is a V shaped yolk
worn where the outstretch hand are tied.
 Another form is the underground cistern (tank)
where the accused is starved to death.
 Ergastulum used to confined slaves attached to
bench and force to do hard labor
 Justinian Code
 529 AD by Emperor Justin of Europe
 Became the standard law in all areas occupied by the
Roman empire.
 Revision of the twelve table of the Roman law where
it contain every crime in those days specified the
offense and penalties listed in the tables.
 Burgundian Code
 Introduces the concept of restitution.
 Punishment are meted according to social class.
Nobles, middle class, lower class have value of their
life, where they will pay so that they will not
undergo physical suffering as penalty.
 Death penalty awaits for the slaves who commit
murder and sexual relation to middle class women,
etc.
 Xenophon and Demosthenes suffered under this
code
 Athens

 Aristotle made the first attempt to explain crime

“Nicomedean Ethics”
 This is about corrective justice
 Punishment means restoring the balance between
pleasure and pain.
 Gaols

 Where prisoners are kept and where jails derived its

name.
 Prisoners have to pay for their beddings, foods and
cost administration and security.
 Gaolers will be paid on the payment of the prisoners
 Part II.
Corrections:
A part of the Criminal Justice
System
 Correction: THE CRIMINAL JUSTICE
SYSTEM

 Law Enforcement, From the initial investigation and/or arrest of

criminal offenders by the law enforcement officers
 Prosecution, the preliminary investigation and/or establishment of
probable cause and the prosecution of the offender by the
prosecutors
 Courts, the hearing of the case and the promulgation of the decision
by the competent court; proof beyond reasonable doubt
 Corrections the custody and rehabilitation of the convicted criminal
offender ; and
 Community at-large provides meaning to the justice system. The
community, though one of the pillars plays a very vital role in each
of the other pillars – it is in fact, the conscience of the justice
system.
 THE CORRECTIONS PILLAR

 The corrections pillar is composed of the institutional and non-

institutional agencies of the government.
 The Bureau of Corrections (BuCor) under the Department of
Justice (DOJ),
 Bureau of Jail Management and Penology (BJMP) under the
Department of the Interior and Local Government (DILG)
 Council for the Welfare of Children under the Department of
Social Welfare and Development (DSWD).
 The non-institutional agencies include the Parole and Probation
Administration (PPA), and the
 Board of Pardons and Parole (BPP), all under the DOJ.
The BuCor is the only primary institution in the corrections
pillars that provides full custody and rehabilitation programs for
the transformation of insular prisoners, those sentenced to more
than 3 years to capital punishment.
 Categories of Prisoner

 Municipal Prisoner – 1 day to 6 months

 City Prisoner – 1 day to 3 years
 Provincial prisoner – 6 months and 1 day to 3 years
 Insular prisoner - 3 years and 1 day to death
THE INFORMAL CJS PILLARS

Law
enforcement

community Prosecution

correction court
 Part III

Concept Of Punishment, Purposes,

Justifications And Limit
Application
 Evolution of Corrections:

 Punishment has been a central form of social

control before.
 This is a way to force people to behave according to
communal rules and norms.
 Until the 1800s, punishment of lawbreakers was a
highly public affair.
 Crowds bellowed with rage and excitement at
whippings, burnings, beheadings, hangings,
brandings and various other mutilations.
 The early concept of punishment

 During the past half-century have shown a marked

drift away from efforts to reform and rehabilitate
offenders in favor of retribution and
incarceration.
 Punishment in its very conception is now
acknowledged to be an inherently retributive
practice.
 Liberal justification of punishment

 The society needs the threat and the practice of

punishment, because the goal of social order
cannot be achieved otherwise and because it is
unfair to expect victims of criminal aggression to
bear the cost of their victimization.
 Two aims to pursue in the practice of
punishment under law:

 Social defense
 retributivism.
 Doctrine of “just deserts”

 in sentencing, which effectively combined the two

ideas the goals of incapacitation and retribution
came to dominate.
 Just deserve
 Justification of punishment by theRoman law

 nulla poena sine leges and nulla

poena sine crimen (no punishments
outside the law, no punishments except for a
crime).
Justifications of Punishment
under the law
 First

 Punishment is an authorized act, not an incidental or

accidental harm.
 It is an act of the political authority having
jurisdiction in the community where the harmful
wrong occurred.
 Second

 Punishment is constituted by imposing some burden

or by some form of deprivation or by withholding
some benefit.
 Third

 Punishment is a human institution, not a natural

event outside human purposes, intentions, and acts.
 Fourth
 Punishment is imposed on persons who are
believed to have acted wrongly being found guilty
by persons authorized to make such a finding.
 Fifth

 Not all socially authorized deprivations count as

punishments; the only deprivations inflicted on a
person that count are those imposed in consequence
of a finding of criminal guilt
 To justify punishment we must,

1. Define our goals

2. We must show that when we punish we actually
achieve these goals.
3. We must show that we cannot achieve these
goals unless we punish and
4. We must show that striving to achieve these
goals by way of the imposition of deprivations is
itself justified.
Four important things in the liberal theory
of punishment.

1. Punishments must not be so severe as to be inhumane or “cruel and

unusual.”
2. Punishments may not be imposed in ways that violate the rights of
accused and convicted offenders (“due process of law” .
3. Punitive severity must accord with the relative severity of the crime:
4. Punitive severity is also subject to the principle of minimalism
(less is better), that is, given any two punishments not ruled out by any
of the prior principles and roughly equal in retributive and preventive
effects for a given offense and class of offenders, the less severe
punishment is to be preferred to the more severe.
 1829

America gave the world its

first penitentiary, near Philadelphia,

The word penitentiary comes from the Latin for

penitence, or remorse
 Its opening marked a significant change in thought
about “human nature and the purpose of
punishment,” it anchored on the new corrective
approach was the belief of isolation.

 critics began to sound alarms over reports that

inmates were going insane because of their solitary
living conditions
 Part 2.1

History of Prison and Jail

in the Philippines
 Some of the Legal and penal
system in the phil.

 Code Of Datu Sumakwel

 Code Of Kalantiaw
 Code Of Maragtas
 Sikatuna
 Code Of Kalantiaw

 Decreed by Datu Kalantiaw

 Governing law in the island of Panay
 Based on belief, customs and practices
 Reflects the level of uprightness and morality of the
people.
 Rules of Kalantiaw

Rule Acts Punishment

1. Do not kill, steal, or harm old people Drowning or boiling
2. Pay all debts promptly 1st – 100 lashes,2nd hand
will immersed with
boiling water, 3rd death by
beating
3 Do not be too lustful, don’t marry young girls Swimming for 3 hours,
or marry more that you can handle or lacerations with thorns
support
4. Respect the dead Exposure to the ants,
beating to death by thorn
5 Contract shall faithfully fulfilled 1 hr whipping, 1 day
exposure to ants
6 Valuable tree and places that are holy should Fine equal to 1 month
be respected labor; 5 yrs labor
7 Cutting sacred trees, shooting arrows at old Death
people treacherously, entering the chief
 Rules of Kalantiaw

8 Setting fire to another's crop, stealing 1 year slavery

the wives of chief and owning dogs
that bit the chief
9 Those sings at night on the road, kill the Beaten for 2 days
manaual bird, destroy chief records
10 mother educate children for sex hygiene. Cut to pieces or thrown to
Men should be kind to wives and should not the crocodiles
harm them in caught in adultery

11 Escape and evade punishment, kill young Burn alive

children, steal the wives of old men
12 Slaves who attack masters, masturbate, Drown
destroy anitos
13 steal from the chief or old men Exposed to ants for half a
day
14 Refuses to marry their daughter to the Slaves for life
sons of the chief
15 Kill the young manual birds or white monkey will be beaten
16 Breaks idol on the altar Cut fingers off
17. Destroy altars and temples, urinates and Death
defecates in sacred places
18 Chiefs who disobey any of these rules Stone to death
Old man who disobey Feed to sharks or
crocodile
 From Colonization of Phil

 1521 - Spaniards impose their brand of justice

 The king of Spain issued laws and incorporate to
become the Royal Decree.
 March 13, 1887 The Royal Decree were in effect to
Criminal
 Prisoners were confined in jails in the
COMANDANCIAS (police stations) and enforced by
the Guardia
Civil (police)
 Part 2.2

Role of Prison and Jail in Treating

Criminal Offender
 Prisons reduce crime in three ways:

 by deterring potential offenders;

 by incapacitating repeat offenders by removing
them from society; and
 by providing constructive regimes which encourage
prisoners to address their offending behavior, and
provide them with the skills and competencies which
will help them to avoid re-offending.
 There are two theories of deterrence:

 Special
 General
 Theory of special

 The theory of special (or specific) deterrence

contends that some form of punishment will teach
the individual a lesson.
 In terms of penal sanctions it holds that an
individual is unable to commit crimes against the
public while incapacitated in prison;
 Theory of General deterrence

 Upon release from prison, the individual is deterred

from committing new crimes, because of his/her
unpleasant prison experience.
 it assumes that crime is prevented by the threat of
unpleasant consequences and repeatedly reinforces
that threat by subjecting certain criminals to
imprisonment.
 It is assumed to exert the stronger deterrent effect
over mass behavior.
 Example on the effect of a prison sentence

 Theoretically, the effect of a prison sentence given to

one robber burglar, special deterrent effect (to
discourage him to commit) and in general deterrent,
(to discourage potential robbers from taking the
risk).
 Part 2.3

 Organizational Structure, powers and functions of

BJMP; Bucor and Provincial jails
Prison during the Pre-colonial and
Spanish Regimes in the Philippines
The Bureau of Corrections Organization.

 It is envisioned that in years to come, the BuCor will

be a modern, secured and professional correction
institution which is characterized by a more
responsive prison system that is geared towards the
humane and spiritually guided rehabilitation of
inmates, for their re-integration into the mainstream
of society.
 The mandate

 BuCor mandate is the rehabilitation of national /

insular prisoners.
 Its main responsibility is to carry out its twin
objectives – effective safekeeping and
rehabilitation of national offenders through
educational, therapeutic, productive and restorative
principles.
 BuCor Organization

 The BuCor Organization is headed by a Director and

assisted by two (2) Assistant Directors, and
supported by divisions and sections chiefs, civilian,
medical and custodial employees.
 Prisons

 It houses the vast majority of offenders at any given

time, are most often run by government
 Reserved for people convicted of more serious
crimes up to insular prisoner.
 The Pre-colonial and Spanish Regimes of
Phil Prison

 During the pre-colonial times, the informal prison

system was community-based, as there were no
national penitentiaries to speak of.
 Natives who defied or violated the local laws were
meted appropriate penalties by the local chieftains.
 Incarceration in the community was only meant to
prevent the culprit from further harming the local
residents.
 Establishment of National
Penitentiary

 Established in 1847 pursuant to Section 1708 of the

Revised Administrative Code and formally opened by
Royal Decree in 1865,
 The Old Bilibid Prison was constructed as the main
penitentiary on Bilibid District where it derived its
name in Oroquieta Street, Manila
 This prison became known as the “Carcel y Presidio
Correccional” accommodate 1,127 prisoners.
 San Ramon Penal Farm

 On August 21, 1869, the San Ramon prison and

penal farm in Zamboanga City was established to
confine Muslim rebels and recalcitrant 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.
 The American and Commonwealth
Governments:

When the Americans took over in the 1900s, the

Bureau of Prisons was created under the Reorganization
Act of 1905 (Act No. 1407 dated November 1, 1905) as an
agency under the Department of Commerce and Police.

It also paved the way for the re-establishment

of San Ramon Prison in 1907 which was destroyed
during the Spanish-American War. On January 1, 1915,
the San Ramon Prison was placed under the auspices of
the Bureau of Prisons and started receiving prisoners
from Mindanao.
 Other penal farms

 Before the reconstruction of San Ramon Prison, the

Americans established in 1904 the Iuhit penal
settlement (now Iwahig Prison and Penal Farm)
 On November 27, 1929, the Correctional Institution
for Women (CIW) was created under Act No. 3579 to
provide separate facilities for women offenders while
the Davao Penal Colony in Southern Mindanao was
opened in 1932 under Act No. 3732.
 Transfer of the Old Bilibid to
Muntinlupa:

 The growing urbanization of Manila on November

15, 1940, all inmates of the Old Bilibid Prison in
Manila were transferred to the new site.
 The new institution had a capacity of 3,000
prisoners and it was officially named the New
Bilibid Prison on January 22, 1941.
 The old site in now the site of Manila City jail
 Sablayan Penal Farm

 Under Proclamation No. 72 issued on September 26,

1954, the Sablayan Prison and Penal Farm in
Occidental Mindoro was established.
 Leyte Regional Prison followed suit under
Proclamation No. 1101 issued on January 16, 1973.
 Reception and Diagnostic Center:

 (RDC) was created through Administrative Order No. 8,

series of 1953 of the Department of Justice. Recognizing
the need to properly orient newly committed prisoners to
the Bureau of Corrections, the Reception and Diagnostic
Center

 Patterned after the reception facilities of the California

State Prison.

 This is an independent institution tasked to receive,

study, and classify all national prisoners committed
by final judgment to the National Penitentiary.
 Reception and Diagnostic Center:

 The RDC handles the orientation, diagnosis and

treatment of newly arrived inmates.
 Every effort is made to determine an inmate’s
strength as well as moral weaknesses, physical
inadequacies, character disorders, and his
educational, social and vocational needs.
 The first sixty (60) days, during the initial contact
between a prisoner and his new environment that
primordial functions pertaining to his care and
rehabilitation treatment are exhaustively carried out
by the staff.
Non-Operational National Prisons:

Before World War II, two national prisons were

established by the government which are no long
operational. One was on Corregidor Island and the
other in the Mountain Province.

In 1908 during the American regime, some 100

prisoners were transferred from the Old Bilibid
Prison to the Corregidor Island Prison Stockage to
work under military authorities.
 Rehabilitation in Correctional Work

 It is done through a combination of programs that

involves:
1. spiritual activities,
2. educational courses (formal and informal),
3. medical and hygienic practices,
4. cultural and recreational activities,
5. productive work,
6. counseling,
7. therapeutic and disciplinary measures
The Bureau of Corrections at present undertakes 6
“faces” of rehabilitation programs

1. Moral and Spiritual Program

2. Education and Training Programs

3. Work and Livelihood Programs

4. Sports and Recreation Program

5. Health and Welfare Programs

6. Behavior Modification Program

 Moral and Spiritual Program

 This is to develops moral uprightness and a

God-centered prison life for total
reformation
 Education and Training Programs

 To provides opportunity for qualified inmates to

undergo elementary, high school and college
education.
 Others are given non-formal education through
vocational courses and skills enhancements.
 Work and Livelihood Programs

 To enhances inmates productivity and livelihood

skills to make them economically prepared.
 Sports and Recreation Program

 To maintains physical fitness

through regular sports and
recreation activities.
 Health and Welfare Programs

 To promotes healthy lifestyle through proper health

care and dietary requirements.
 Behavior Modification Program

 This behavioral change that

develops positive outlook in life and
virtuous attitude.
 PRISON ADMISSION PROCESS

The Reception and Diagnostic Center or RDC,

which is the receiving arm of the BuCor admits and
classifies national prisoners for a period of 60 days,
including a 5-day quarantine period.
These national prisoners or Inmates undergo the
following steps:

1. psychiatric,
2. psychological,
3. medical, and
4. other examinations.
 cont

 BuCor’s rehabilitation programs are introduced

during this period to include the Therapeutic
Community Program, as inmates are being prepared
mentally, physically and spiritually.
 RDC provides them a vital direction towards a God-
centered prison life.
 cont

 Towards the end of the period, diagnostic staffs

consolidate and prepare their individual case
summary report.
 Initial Staff Classification is conducted and inmates
are classified as: Maximum, Medium or Minimum
based on their security status, and are transferred to
their respective institutional assignments.
Bureau of
Jail
Management
and
Penology

Created by RA 6975.
DILG Act of 1991The
Bureau of Jail
Management and
Penology, also referred
to as the Jail Bureau,
was created pursuant to
Section 60 to 65,
Chapter V, RA No. 6975,
 Organization

Initially consisting of uniformed officers and

members of the Integrated National Police
Jail Management and Penology
service as constituted under Presidential Decree No.
765
 Key officers

 The second officer in command of the BJMP is the

Deputy Chief for Administration,
 The third officer in command is the Deputy Chief
for Operations, and the fourth officer in command
is The Chief of the Directorial Staff, all of whom
carry the rank of Chief Superintendent.
 They are assisted by the Directors of the
Directorates in the National Headquarters who
carry the rank of at least Senior Superintendent.
 Regional Offices

 The BJMP operates and maintains Regional Offices

in each of the administrative regions of the country,
headed by a Regional Director for Jail Management
and Penology, with the rank of at least Senior
Superintendent.
 The Regional Director is assisted by an Assistant
Regional Director for Administration, Assistant
Regional Director for Operations, and Regional Chief
of Directorial Staff, who are all officers with the rank
of at least Superintendent.
JAIL PROVINCIAL ADMINISTRATOR'S
OFFICE.

In every province, the BJMP operates and maintains

a Provincial Jail Administrator’s Office headed by a
Provincial Administrator, to oversee the
implementation of jail services of all district, city and
municipal jails within its territorial jurisdiction.
 The National Headquarters is the
Command and Staff Office of the BJMP,

 COMMAND GROUP:
1) Chief, BJMP
2) Deputy Chief for Administration
3) Deputy Chief for Operation
4) Chief of Directorial Staff
 DIRECTORIAL STAFF GROUP

1) Directorate for Human Resource & Records

Management
2) Directorate for Operations
3) Directorate for Logistics
4) Directorate for Comptrollership
5) Directorate for Program Development
6) Directorate for Intelligence, Inspection &
Investigation
 SPECIAL STAFF GROUP

1) Office of Legal Services

2) Office of General Services
3) Office of Accounting Services
4) Office of Finance Services
5) Office of Supply Accountable Officer
6) Office of Internal Audit
7) Office of Chaplaincy Services
8) Office of Community Relations Services
9) Office of Information & Commu Tech Services
10) Office of Health Services
11) NESJO
 REGIONAL OFFICE.

The BJMP operates and maintains Regional Offices

in each of the administrative regions of the country,
headed by a Regional Director for Jail Management
and Penology, with the rank of at least Senior
Superintendent. The Regional Director is assisted by
an Assistant Regional Director for Administration,
Assistant Regional Director for Operations, and
Regional Chief of Directorial Staff, who are all
officers with the rank of at least Superintendent.
 DISTRICT JAIL.

Within large cities or a group of clustered

municipalities, a District Jail headed by a District
Warden may be established.
 CITY AND MUNICIPAL JAILS.

The BJMP operates and maintains City and

Municipal Jails, each headed by a City or Municipal
Warden, as the case may be
 Jail Bureau’s functions:
 Formulate policies and guidelines in the administration of
all district, city, and municipal jails nationwide;

 Implement strong security measures for the control of

inmates;

 Provide for the basic needs of inmates;

 Conduct activities for the development of inmates;

 Improve jail facilities; and,

 Promote the general welfare and development of personnel.

 POWERS.

The Bureau shall exercise supervision and

control over all district, 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."
 Jails

Jails are the gateway to the system, and are

run by national government.
They house defendants awaiting trial and
convicted offenders serving relatively short
sentences, ranging from 3 months below.
 Jails

 are highly volatile place because of the frequent

turnover and mix of offenders often, mentally ill or
homeless people wind up as part of the mix, adding
an unpredictable element.
 Crowded conditions and a lack of programs and
activities exacerbate the dangerous milieu.
 Jail Admission Process

 Carefully check credentials for identity and authority

 Examine the arrest report and authenticity of
commitment order or mittimus order whether
committed legal authority.
 Search carefully for weapons/contraband
 Confiscate cash and valuables with corresponding
receipt to the inmates.
 Fingerprint and photograph
 cont

 Jailer accomplish a booking report attaching the

photographs of the inmates.
 Strip search inmate, check of cuts, bruises and also
for needle marks.
 Jail physician shall conduct thorough examination
 Medical records should be accomplished
 Social study case shall be made as the basis of
classification and segregation.
 Provincial Jails

 First established in 1910 by the American regime

 Supervised by the provincial Governor and headed
by the Provincial Jail Warden.
 USPO signed Memorandum Circular dated march 7,
1994 regarding the Operational manual for
provincial jails
 Part 3

 Forms of Correctional Treatment Programs

 Assumption of rehabilitation

 The assumption of rehabilitation is that people are

not permanently criminal.
 So, it is possible to restore a criminal to a useful life,
to a life in which they contribute to themselves and
to society.
 Specific Goal of rehabilitation

 Is to prevent habitual offending also known as

criminal recidivism. Rather than punishing the harm
out of a criminal,
 Rehabilitation would seek, by means of education or
therapy to bring a criminal into a more normal state
of mind, or into an attitude which would be helpful
to society, rather than be harmful to society.
 General Goals of Rehabilitation

 To prepare offenders for success.

 Strengthen public safety by reducing victimization
and recidivism.
 Save taxpayer costs.
 The three “R’s” of Rehabilitation

 REDUCE victimization through changing offender

behavior.
 REFOCUS programs through use of proven
practices.
 REUNITE offenders with their families and
community with a job and support system.
 REHABilitation
 RE-FOCUS from solely incarcerating offenders to
rehabilitating them.
 EDUCATE offenders to find jobs and turn away from
crime.
 HOLD ACCOUNTABLE inmates for changing their
lives and programs for using
 evidence-based practices.
 ASSESS offender risks and needs to assign them to the
right program at the right time
 for maximum effectiveness.
 BUILD bridges with communities to strengthen
offenders’ chances of success to
 reduce victimization and improve public safety.
 Why we must Rehabilitate

 More than 95% of prisoners will eventually return to

their local communities recidivism rates is high
 rehabilitation reforms are designed to prepare inmates
for a successful reintegration into their communities in
order to reduce re-victimization and recidivism.
 The waste of human potential and the devastation to
families will be alleviated if inmates are prepared for
success upon release.
 When offenders receive effective rehabilitation
programming to help them turn away from a life of
crime, place is safer.
 Prison population reductions could result in significant
savings for the government.
 Three Characteristics of Effective programs

 First, they provide more hours for people with

known offense risk factors (Risk Principle)
 Secondly, they address problems and needs that
have a proven causal link to offending (Needs
Principle); and
 Thirdly, they use cognitive-behavioral approaches to
behavior modification (Responsivity Principle).
 Rehabilitation

 Providing rehabilitation to people at lower risk of

reoffending results
 while providing rehabilitation to people with a high
risk of reoffending is three times as effective,
resulting in a 10% reduction in subsequent offending
 Risk Principle

 Risk factors for reoffending are:

1. age at first offense,
2. number of prior offenses,
3. level of family and personal problems in
childhood and
4. other historical factors, along with level of
current needs related to offending.
 Needs Principle

 Programs that specifically target criminogenic needs

(causal needs and problems), see a 19% reduction in
reoffending.
 Responsivity Principle,

 In support of the Responsivity Principle, there is a

23% reduction in reoffending after participating in
programs that use cognitive-behavioral methods to
bring about changes in behavior, thinking, and
 Part 4

 Institutional Custody, security

and control of inmates;
emergency plans, movement
and transfer of inmates
 Part 4.1

Principles of custody, security

and control
 Established Rights of Inmates

 Right to freedom of speech

 Right to religion
 Freedom from arbitrary punishment
 Freedom from constant physical restraint
 Right to small space for physical movement essential
for personal hygiene and opportunity to wash;
adequate clothing; ventillation and light and
adequate nutrition
 Note

 All rights can be infringed for security purposes.

 Custodial Rules

 Supervise and maintain order inside jails

 Censor mail of inmates
 Inspect security devices
 Maintain inner and outer security
 Escort visitor within facility
 Report any infringement of rules
 Maintain record of inmates
 Security procedures during
inmates counting

 Each must be counted physically

 No movement during counting
 Count must be accurate
 If total count does not tally verification must be
made.
 Meal service

 Utensil must be plastic

 Roving personnel must be present to settle
complaints and disputes
 After meals all utensil must collected
 Fork, spoon and other utensil must be properly
accounted
 Mail censorship

 Communication is encouraged but it’s a privileges

but subject to the following regulations.
 Mail Regulations
 Maintain a record of incoming and outgoing mail.
 Inmates mail shall be opened and searched.
 Letters containing money should deposited
 Greeting cards should be check for fillers
 Photograph should be within the jail regulations
 Correspondence not conforming to security rules must
be brought to the attention of the warden
 Listing of mail must be posted in conspicuous places.
 Letters not claim within 24hrs must be delivered to the
inmates.
 Contents of letter must not be discussed except for
official purpose
 All outgoing must be subjected to same procedure
 Security / control

 Maintain strict control of firearms

 Maintain a system of key control
 Secure firearms and riot equipment
 Supervise use of tools and other potentially
dangerous materials
 Conduct regular inmates accounting
 Conduct frequent searches
 Conduct frequent inspections of security facilities
 cont

 Guard against escapes

 Develop plans in dealing with emergencies
 Never allow jail guards to open cell alone
 Select inmates carefully to be assigned as orderly or
aides
 Movement / transfer of inmates

 Maintain 1 is to 1 plus 1 ratio.

 Always be in handcuffed
 Non bailable are extremely dangerous
 Escort inmates in going to the toilet
 Personnel should provide their own drinks
 High risk inmates should have back up vehicle and
personnel
 Transfer or movement must be treated confidentially
 Emergency Plans

Plans for fires or conflagration,

riot or violent disturbances,
 Fire Plan

 Detailed fire plan must be considered.

 Pre arrange signal if fire occurs and notify fire
station.
 Personnel shall be organized to assist the BFP
 Keys for gates and firefighting equipment should be
distributed to responsible personnel.
 Inmates on affected areas must help in putting the
fire.
 If there is a need to evacuate inmate they be placed
in closed vans, prea-arranged building
 Plan for Violent Disturbances

 All inmates must be locked up inside respective jails.

 If occurred during visiting time they must be ushered
out of the premise
 Work according to the plan
 As a last resort firing is imperative to quell the
disturbance is allowed only after warning shot has
been made.
 Plan for Jail Breaks

 Inmates must be locked up

 Accounting of inmates
 Establish identities
 Flash alarm
 Recovery team shall be organized
 Part 4.3

 United nations Minimum Treatment of

Offender
 Adopted by the First United Nations Congress
on the Prevention of Crime and the
Treatment of Offenders, held at Geneva in
1955, and approved by the Economic and
Social Council by its resolutions 663 C
(XXIV) of 31 July 1957 and 2076 (LXII) of
13 May 1977
 PRELIMINARY OBSERVATIONS

 The rules are not intended to describe in detail a

model system of penal institutions.
 The basis of the general consensus of contemporary
thought and the essential elements of the most
adequate systems.
 To set out what is generally accepted as being good
principle and practice in the treatment of prisoners
and the management of institutions.
RULES OF GENERAL APPLICATION
Basic principle
 (1) The following rules shall be applied impartially.
There shall be no discrimination on grounds of
race, colour, sex, language, religion, political or
other opinion, national or social origin, property,
birth or other status.
 (2) On the other hand, it is necessary to respect the
religious beliefs and moral precepts of the group to
which a prisoner belongs.
 Separation of categories

 The different categories of prisoners shall be kept in separate

institutions or parts of institutions taking account of their sex,
age, criminal record, the legal reason for their detention and
the necessities of their treatment. Thus,
 ( a ) Men and women shall so far as possible be detained in
separate institutions; in an institution which receives both
men and women the whole of the premises allocated to
women shall be entirely separate;
 ( b ) Untried prisoners shall be kept separate from convicted
prisoners;
 ( c ) Persons imprisoned for debt and other civil prisoners
shall be kept separate from persons imprisoned by reason of a
criminal offence;
 ( d ) Young prisoners shall be kept separate from adults.
 Accommodation

(1) Where sleeping accommodation is in individual

cells or rooms, each prisoner shall occupy by night
a cell or room by himself.
If for special reasons, such as temporary
overcrowding, it becomes necessary for the central
prison administration to make an exception to this
rule, it is not desirable to have two prisoners in a
cell or room.
 Personal hygiene

 Prisoners shall be required to keep their persons

clean, and to this end they shall be provided with
water and with such toilet articles as are necessary
for health and cleanliness.
 Clothing and bedding

 Every prisoner who is not allowed to wear his own

clothing shall be provided with an outfit of clothing
suitable for the climate and adequate to keep him in
good health.
 Such clothing shall in no manner be degrading or
humiliating.
 Food

 (1) Every prisoner shall be provided by the

administration at the usual hours with food of
nutritional value adequate for health and strength, of
wholesome quality and well prepared and served.
 Exercise and sport

 Every prisoner who is not employed in outdoor work

shall have at least one hour of suitable exercise in the
open air daily if the weather permits.
 Medical services

 At every institution there shall be available the

services of at least one qualified medical officer who
should have some knowledge of psychiatry
 Discipline and punishment

 Discipline and order shall be maintained with

firmness, but with no more restriction than is
necessary for safe custody and well-ordered
community life.
 Instruments of restraint

 Instruments of restraint, such as handcuffs, chains,

irons and strait-jackets, shall never be applied as a
punishment. Furthermore, chains or irons shall not
be used as restraints
 Contact with the outside world

 Prisoners shall be allowed under necessary

supervision to communicate with their family and
reputable friends at regular intervals, both by
correspondence and by receiving visits.
 Books

 Every institution shall have a library for the use of all

categories of prisoners, adequately stocked with both
recreational and instructional books, and prisoners
shall be encouraged to make full use of it.
 Religion

 If the institution contains a sufficient number of

prisoners of the same religion, a qualified
representative of that religion shall be appointed or
approved.
 If the number of prisoners justifies it and conditions
permit, the arrangement should be on a full-time
basis
 Retention of prisoners' property

 All money, valuables, clothing and other effects

belonging to a prisoner which under the regulations
of the institution he is not allowed to retain shall on
his admission to the institution be placed in safe
custody. An inventory thereof shall be signed by the
prisoner. Steps shall be taken to keep them in good
condition.
 Part II

 RULES APPLICABLE TO SPECIAL

CATEGORIES
(Prisoners under sentence)
 Classification and individualization

 To separate from others those prisoners who, by

reason of their criminal records or bad characters,
are likely to exercise a bad influence;
 Privileges

 Systems of privileges appropriate for the different

classes of prisoners and the different methods of
treatment shall be established at every institution, in
order to encourage good conduct, develop a sense of
responsibility and secure the interest and co-
operation of the prisoners in their treatment.
 Work

 Prison labor must not be of an afflictive nature.

 All prisoners under sentence shall be required to
work, subject to their physical and mental fitness as
determined by the medical officer.
 Education and recreation

 Provision shall be made for the further education of

all prisoners capable of profiting thereby, including
religious instruction in the countries where this is
possible. The education of illiterates and young
prisoners shall be compulsory and special attention
shall be paid to it by the administration.
 Social relations and after-care

 Special attention shall be paid to the maintenance

and improvement of such relations between a
prisoner and his family as are desirable in the best
interests of both.
Insane and mentally abnormal prisoners

 Persons who are found to be insane shall not be

detained in prisons and arrangements shall be
made to remove them to mental institutions as
soon as possible.
Prisoners under arrest or awaiting trial

Persons arrested or imprisoned by reason of a

criminal charge against them, who are detained
either in police custody or in prison custody (jail) but
have not yet been tried and sentenced, will be
referred to as "untried prisoners"
 D. Civil prisoners

 In countries where the law permits imprisonment for

debt, or by order of a court under any other non-
criminal process, persons so imprisoned shall not be
subjected to any greater restriction or severity than is
necessary to ensure safe custody and good order.
Their treatment shall be not less favourable than that
of untried prisoners, with the reservation, however,
that they may possibly be required to work.
 Part 5

Penal provisions on
Correction
 Laws Relating to jail/prison administration
 RA 9344 – Comprehensive Juvenile Justice And Welfare
System
 Ra 9236 - Standardization Of BJMP/BFP
 Ra 6036 - Release Of Recognizance
 Ra 6127 An Act Amending Article Twenty-nine Of The
Revised Penal Code To Give Full Time Credit Under
Certain Conditions To Offenders Who Have Undergone
Preventive Imprisonment (Detention Prisoners) In The
Service Of Their Sentences.
 Pd 968 Adult Probation Law
 Pd 603 Child Welfare Code
 Ra 6975 DILG Act
 Memorandum Circular 155- 70 Years Old And Above For
Executive Clemency
 cont

 EO 324 – Creation to review dept of correction

 Act 4103 – Indeterminate sentence law
 BP 76 amended section 9 of PD 968 (Disqualified
Offender)
 PD 1990 amending Sec 4 of PD 968
 EO 386 - Establishing A National Crime In Formation
System
 SC Memo 19-2004 immediate issuance of release order
 SC Memo 68-2005 request of change of detention
 SC Memo 40-2001 issuance of subpoena to appear in
other place
 SC Memo 29-2004 amending section47 of 6975
 Part 5.2

Good Conduct Time Allowance - Is a deduction from

a prisoners sentence for a good conduct in any penal
institution.
 Provided in Art 97 of the RPC as amended by
Republic Act 10592 An act amending articles 29, 94,
97, 98 and 99 of act number3815 as amended
otherwise known as the Revised Penal Code
 Good Conduct Time Allowance

 During the first two years of incarceration 20 days 5

deduction for each month of good behavior

 3rd to 5th year, 23 days deduction for each month
8

 6th to 10th year, 25 days deduction

10

 11th to 15th year 30 days deduction

15
 Full Credit Formula (GCTA)

 Commencing date (Mittimus or commitment Order/

Decision
 Date Arrested /confined to jail
 CD- Dec 19. 2008 – 08/12/19
 DA- May 10 2008 - 08/5/ 10
 ___________________________
• 0 – 7- 9 full credit
 Liability Of A Prisoner Who Escapes During
Serving Of Sentence
 ART. 157. Evasion of service of sentence. — The penalty
of prision correccional in its medium and maximum
periods shall be imposed upon any convict who shall
evade service of his sentence by escaping during the term
of his imprisonment by reason of final judgment.
However, if such evasion or escape shall have taken place
by means of unlawful entry, by breaking doors, windows,
gates, walls, roofs or floors, or by using picklocks, false
keys, disguise, deceit, violence or intimidation, or
through connivance with other convicts or employees of
the penal institution, the penalty shall be prision
correccional in its maximum period.
 Article 158

 Evasion of service of sentence on the occasion of

disorder, conflagrations, earthquakes, or other
calamities. - A convict who shall evade the service of his
sentence, by leaving the penal institution where he shall
have been confined, on the occasion of disorder resulting
from a conflagration, earthquake, explosion, or similar
catastrophe, or during a mutiny in which he has not
participated, shall suffer an increase of one-fifth of the
time still remaining to be served under the original
sentence, which in no case shall exceed six months, if he
shall fail to give himself up to the authorities within
forty-eight hours following the issuance of a
proclamation by the Chief Executive announcing the
passing away of such calamity.
 Liability of personnel

 Administrative
 Criminal liability
 GOD BLESS US ALL…
I DECLARE IN THE POWERFUL NAME OF
JESUS, YOU WILL BE A
CRIMINOLOGIST!!!