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INCORRECTIONAL
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ADMINISTRATION
ADMINISTRATION

INSTITUTIONAL
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OTHER
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 CORRECTIONAL
ADMINSITRATION
NATURE AND TRENDS OF PUNISHMENT
Punishment is a means of social control. It is a device to
cause people to become cohesive and to induce conformity. People
believe that punishment is effective as a means of social control but this
belief is doubtful. There is no question, however, that some forms of
punishment are more effective in one society than in another. For
example punishment in a small well-ordered community, where people
practically know everybody, is more effective in inducing conformity
than in a highly mobile metropolitan city.
The general concept of punishment is that it is infliction of
some sort of pain on the offender for violating the law. This definition is
not complete in the sense that it does not mention the condition under
which punishment is administered or applied. In the legal sense, it is
more individual redress, or personal revenge. Punishment, therefore, is
defined as the redress that the state takes against an offending
member.
Punishment is restricted to such suffering as is inflicted upon
the offender in a definite way by, or in the name of, the society of which
he is a permanent member. Punishment must be intended and not
accidental, to produce some sort of justified suffering on the offender. It
is essential that the offender should be forcibly made to suffer and that
society is justified in making him suffer. Punishment is a form of
disapproval for certain behaviors that is followed by imposing a penalty.
Punishment makes the offender stigmatized and penalized. The
offender may or may not actually suffer, under the intentional
application of punishment, depending on the circumstances it is applied
and the toughness of the individual offender.
Forms of Punishment
The forms of punishment in primitive society were:
1. Death penalty
2. Corporal punishment
3. Public humiliation and shaming
4. Banishment.
Death penalty was carried out by
1. hanging
2. burning
3. immersing in boiling oil
4. feeding to wild animals
5. other barbaric ways.
Corporal punishment was inflicted the offender by
1. Flogging
2. Mutilation
3. Disfiguration
4. Maiming.
Public humiliation and shaming were effected by
1. the use of stocks and pillery
2. docking stool
3. branding
4. shaving off the hair, etc.
Justifications of Punishment
The theories or justifications or punishment vary from one
stage of civilization to another. The most common justifications of
punishment are retribution, expiation or atonement, deterrence,
protection and reformation.
Retribution
In primitive days punishment of the transgressor was carried
out in the form of personal vengeance. Since there were no written laws
and no courts, the victim of a crime was allowed to obtain his redress in
the way he saw fit. Oftentimes, the retaliatory act resulted to infliction of
greater injury or loss than the original crime, so that the latter victim
was perforce afforded his revere. Punishment therefore became
unending vendetta between the offender and the victim. Later, an
attempt was made to limit the retaliation to the degree of injury
inflicted, thus the philosophy of “an eye for an eye” evolved. During this
period nearly all offenses that are now included in criminal codes as
public crimes, were considered private offenses for which the victims
were allowed their redress through personal vengeance.
There were a few offenses, however, which were regarded as
crimes committed against the native gods. People being then
superstitious, believed that any catastrophe that befell the group was a
retaliation of an offended god. In order to appease the offended god, the
social group or clan demanded that the supposed offended be banished
or put to death. Witchcraft was considered a public crime and person
suspected of being a witch was tortured, banished or put to death.
Expiation or Atonement
This theory or justification of punishment was also advocated
during the pre-historic days. A sort of common understanding and
sympathetic feeling developed in the group. An offense committed by a
member against another member of the same clan or group aroused the
condemnation of the whole group against the offending member.
The group would therefore demand that the offender be
punished. When punishment is exacted visibly or publicly for the
purpose of appeasing the social group, the element of expiation is
present. Expiation is therefore, group vengeance as distinguish from
retribution which is personal vengeance. Punishing the offender gives
the community a sense of its moral superiority, an assurance that virtue
is rewarded after all. Hostile action against the offender brings about
cohesiveness in society. Corporal punishment in most modern countries
has been abolished and the application of punishment has tended to be
withdrawn from the public eye. Some segments of society, however, still
cling to the belief wrong doing or in order that punishment be
punishment.
Deterrence
It is commonly believed that punishment gives a lesson to
the offender; that it shows other what would happen if they violate the
law; and that punishment holds crime in check. This is the essence of
deterrence as a justification for punishment.
Cesare Beccaria, an exponent of the Classical School of
Criminology and whose writings at the end of the 18th century
renovated the punitive justice system of Europe, contended that the
intent of punishment should not be to torture the criminal or to undo
the crime (expiation) but to “prevent others from committing a like
offense”. He advocated the theory that “a punishment should have only
that degree of severity which is sufficient to deter others. It is doubtful if
punishment is as the proponents think. In one New England state
during the 18th Century, theft was punishable by whipping the offender
in the public plaza. The purpose of whipping the thief within the public
view was to deter others from committing the same offense. Public
whipping, however, did not diminish the incidence of the theft in that
state.
In England during the 18th century, pick pocketing was one
of fifty offenses punishable by hanging. The offender was hanged on a
Sunday afternoon in order to draw the largest number of spectators.
The hanging would be preceded by a brass band playing in the morning
until in the afternoon. On this occasion, thousands of spectators would
mill their way in the crowd to obtain better view of the victim at the
condemned man was executed. On this same occasion professional pick
pocketers were busy plying their trade in the crowd. The multitude that
came to view the hanging were there to see how the offenders
withstood their fate, how callous they were, and how they would react
to the jeers and chastisement of the crowd. In some instances
punishment undoubtedly has a deterring effect. For the great mass of
infractions of the law, however, the fear of punishment does not enter
into the causation.
The conception of deterrence presumes that the person
thinks before he acts and that all he has to do is to think of the
consequences and then he will be deterred. Actually this is not so
because offenders commit crimes without the fear of punishment
uppermost in their minds. There are certain types of offenders who
could not be deterred by the fear of punishment, namely, the behavior of
the moment type involved in crimes of anger and passion; and the type
of offender whose antisocial behavior is connected with his personality
pattern and is part of his approach to life as exemplified by the
psychopathic offender and the neurotic offender.
There is no doubt, however, that some types of offenders,
particularly first offenders, can be stigmatized by the lightest form of
punishment. To others more inured in crime; going in and out of penal
institutions does not deter.
Protection
Protection as a justification of punishment came after
prisons, were fully established. People believe that by putting the
offender in prison, society is protected from his further criminal
depredation. If this were so, vicious and dangerous criminals should be
made to serve long terms of imprisonment. Recidivism and habitual
delinquency laws are expected to attain this end.
How effective is protection as justification of punishment? Or
how effective is imprisonment as a means of protecting the community
against crime?
 According to statistics, the prison population of the Federal
Bureau of Prisons and the Correctional Departments of Minnesotta and
Washington DC represent a very insignificant portion (only 3.5%) of the
whole criminal population. Ninety-six and five tenth percent (96.5%) of
crimes reported to the police remain at large. These figures do not
include crimes not reported to the police, the volume of which is
unknown. Therefore, from these data we can conclude that
imprisonment cannot protect society from crime. Even if all convicted
offenders were kept in prison for life, still the 96.5% who are at large
will continue to plague society. Also, imprisonment as an end of
punishment is not tenable because prisoners are released within a short
period of confinement. Statistics show that their average stay inside
prison is from three to five years, after which they are again ready to
commit further crimes.
Reformation
This is the latest justification of punishment. Under this
theory, society can best be protected from crime if the purpose of
imprisonment is to reform or rehabilitate the prisoner. Advocates of
this theory contend that since punishment does not deter; in as much as
imprisonment does not protect society from further commission of
crimes because the greater portion of the criminal population is at
large; and because prisoners stay in prison for a short time, from 3 to 5
years only, society’s interest can best be served by helping the prisoner
become a law-abiding and productive citizen upon his return to the
community by making him undergo an intensive program of
rehabilitation in prison.
Theoretically, imprisonment for reformation is sound, but
practically, rehabilitation is difficult to achieve. Some prisoners are
reformed, but about 50% get relapses. Failure to reform prisoners may
be due to poor administration of the reformatory program, or it may lie
in the make-up of the criminal population.
Probation, which is a substitute for imprisonment, and parole
which an early release from prison, are intended to reform the offender.
A new concept of correctional administration has developed, thus
reformation and rehabilitation are now thought of as “treatment”.
Treatment through institutional programs and through probation and
parole services is the modern version of reformation and rehabilitation.
Limitations of Punishment
Punishment has certain limitations on the offender, in spite of the
above-enumerated justifications, are:
1. Punishment makes the criminal cautious about concealing
his criminal activities
2. Stigmatizes him and isolates him from society; makes him a
martyr or a hero; and develops in him an antisocial grudge
and a strong resentment of authority.
3. Punishment on the other hand does not deter; does not
repair damage to society; or reconstruct the personality of
the offender.
Trends of Punishment
The principal trends of punishment are in the development of
exemptions, pardon, and communications; the decline in the severity of
punishment; the growth of imprisonment and its modifications; good
time allowances; indeterminate sentences; suspended sentence and
probation, conditional release, parole, short sentences, and fines.
Exemptions of Punishment
The basis for exemptions is usually social. In Europe, Kings and
Rulers in ancient and early modern society could do no wrong. Upper
classmen were often times exempted from criminal liability for
offences, which caused the commoner long imprisonment or death
penalty.
Most countries today do not punish offenders for absence of
“mens rea”, that is absence of a guilty mind or lack of criminal intent.
The right of sanctuary was practiced in the early Christian era. The
benefit of clergy was originally given to clerics who did not wear
ecclesiastical robes from being tried by lay courts but only by
ecclesiastical courts. Latter the privilege was extended to anyone who
could read and write. Age of the offender was another basis for
exemption from criminal responsible. Under juvenile delinquents are
not legally classified as criminals.
The mental condition of the offender is another basis for
exemption from criminal responsibility. The M’Naghtan case of England
(1843) held the opinion that an offender is to be considered sane and
responsible until is proven that he was insane at the act was committed,
and therefore, could not have known right from wrong. This doctrine
holds true in every progressive country today. Reformist would want the
criminal insane, such as the criminal psychopaths and criminal
neurotics, handled by special laws and procedures in courts and to
provide specialized mental institutions for their care. There is now a
move that in cases where the plea is “ no responsibility” because of
insanity or mental disturbance, juries should be concerned only with
the problems of establishing guilt and that a panel of experts appointed
by the courts; should determine the disposition to be made of the case.
Pre-Classical Theories of Punishment
After the demonological era in which ideas were ancient and
barbaric as to treating criminal offenders, man was able to ponder
himself on humanistic ideas of dealing with people and the society as a
whole.
Secular Theory
When men began to live in simple communities, the history of
punishment for wrong doings began, but criminology, which is man
systematic attempt to explain crime, was still unknown. Man has always
been concerned with the effort of solving the crime committed in his
midst rather than seeking an explanation for the occurrence of crime.
The first attempt to explain crime was made by the Athenian
philosopher, Aristotle. In his book “Nicomedean Ethics”, he discusses
corrective justice, thus – “punishment is a means of restoring the
balance between pleasure and pain”. This philosophy of individual
determinism that existed up to 400 B.C., was another form of the so
called “free-will theory. It implied a notion of causation in terms of free
choice to commit crime by rational men seeking pleasure and avoiding
pain.
According to Aristotle, “corrective justice is a means whereby
the loss suffered by the wronged man is compensated. Suffering by the
offender restores the balance between the injured and the transgressor.
The Judean—Christian Theory
Following the Secular Theory of punishment was the Judean
or Christian Theory, which was at its fullest development during the
death of Christ in 30 A.D. This theory of expiation believes that
punishment has a redemptive purpose of repelling sin advocated by the
devil.
Rise of the Canonical Courts - A system of trial and
punishment was established in the 4th Century A.D. Rivalry existed
between the church and state in trying offences. Primitive justice was
not so much concerned with determining of guilt as with saying that the
proper religious ritual that observed by private parties in settling
private disputes. In the early Christians era, the Church forbade its
adherents to resort to state courts and later in the Medieval Period the
power of state courts declined and the power of Canonical Courts
increased. Criminal Courts distinct from civil courts and separate from
the administration of government had their origin in the Roman
Republic some two centuries before Christ and became firmly
established under the empire. The theory of punishment under the
church court was mainly reformatory in purpose.
Individualization of Punishment - The lawmakers and
judges had the practical task of making and administering law not only
in the light of such theories of free will and responsibility, but also face
to face with the indignation of the community at a particular offense.
Abused of Judicial Individualization - The law gave judges
wide direction to impose additional properties in view led to the
circumstances. This theory gave the judges tyrannical power that led to
abuses. Class discrimination in the administration of justice arose. The
Hebrew right of sanctuary and the medieval truce of God were
religiously motivated by limitations on punishment. Yet such practices
as expiation and penance demanded punishment as a process of
balancing account with God. The infliction of the punishment became a
sort of religious ceremony. The canonical courts introduced the modern
principle of individualization, but not on scientific grounds, and this
very unscientific individualization led to serious abuse and injustice. In
early American times there was a strong religious motivation behind the
reform movement and for the aid of released prisoners. The very
significant reform instituted by the Quakers in Philadelphia as well as
the somewhat conflicting efforts of Louis Dwight and his society in
Boston evidenced religious influence, though the former were
philosophical in origin. But though animated by a kindly Christian spirit,
these reform movements were not concerned with understanding the
criminal. Moreover, these religious reformers though of the process of
reform as a process of getting right with God rather than of seeking
social conditions which would prevent the recurrence of crime.
The Classical School of Penology
 The classical theory came about as a direct result of two
influences:
1. It came about as a protest against the abuses and
discretionary power of judges
2. It was also influenced by the philosophical school of
Rousseau
Cesare Beccaria of Italy in his book, “Crime and
Punishment,” published in 1764, bewailed over the cruelties and
inequalities of the law and the courts of his time. He holds that justice
consists of equal treatment of all criminals for like offenses, whereas,
the courts of the day were dealing unequally with criminals according to
their rank and influence. Beccaria would have the legislature, not the
court, determine the exact punishment appropriate to each crime. No
discretion would thus be left to the judge.
Beccaria’s protests were directed against:
1. Arbitrary penalties given by the judges
2. Uncertainty and obscurity of the laws
3. Defects in criminal procedure in a admission of testimonies
4. Secret accusations
5. Torture
6. Incrimination of witnesses
7. Long pending cases
8. Abuse of power by rich against the poor, etc.
Jeremy Bentham of England, another exponent of the
classical school, also holds that society must reward those who accept
responsibility and punish those who do not, thus bringing pleasure and
pain into the service of society.
The philosophy of the Classical School
The classical school holds:
1. That man is a free moral agent, and that every act of man is of
his free will and accord;
2. That every man is therefore responsible for his acts;
3. That crime can be expiated only by punishment and
4. That the law, not the judge, should determine the punishment
to be attached to the criminal act, and should provide a scale
of punishments to be applied equally to all persons
committing the same crime.
Advantages of the Classical School
1. It was easy to administer – The judge was only an instrument
to apply the law.
2. It eliminated the arbitrary sentence.
Disadvantages
1. It was unfair – It treated all men as mere digits without
regard to difference in individual natures and circumstances.
2. It was unjust – It made first offenders and recidivists equally
punished.
3. It did not individualize punishment.
4. It was the magna carta of the professional criminal in that he
knew what was coming to him and could calculate the risk.
5. It considered only the injury caused, not the state of the mind
and nature of the criminal.
The Neo-Classical School of Penology
Influenced by the French Revolution and the Quakers of the New
England states, the Neo-Classical School, was advocated at the
beginning of the 19th century. The French Code of 1819, the principles
of the classical school remained intact but the system of defined and
variable punishments was modified. The judge was given direction in
certain crimes to vary punishment between the maximum and the
maximum fixed by the law. Under the Code the judge could not admit
extenuating circumstances.
The Classical Theory remained intact in its theory that “every
person equally free and therefore equally responsible.” Since the
publication of the French Code of 1819, the struggle has been to
individualize the punishment by setting up varying degrees of
responsibility. The Neo-Classical School admitted extenuating
circumstances in the criminal himself. It admits too that minors are
incapable of committing crime because they have not reached the age of
responsibility. And it also admits that certain adults are incapable of
committing crimes because of their conditions they are not free to
choose.
Result of the Neo-Classical theory
1. Exempting circumstances admitted
2. Reduction of punishment for partial freedom of the will –
only partial responsibility
3. Punishment was mitigated for lack of full responsibility
4. It represented the reaction against the severity of the
classical theory of equal punishment irrespective of
circumstances
The Italian or Positivist School of Penology
Cesare Lomroso’s “The Criminal in Relation to Anthropology,
Jurisprudence, and Psychiatry” was published 100 years from the
publication of Beccaria’s book, “Crime and Punishment.” Lombroso, in
his book, sought to explain crime in terms of the physical make-up of
the criminal, thus – the vicious soldier was distinguished from the
honest soldier by the extent to which the former was tattooed and by
the decency of the designs. In studying the insane, the patient, not the
disease, should be the object of attention.
Enrico Ferri was born in Italy in 1856. Ferri advocated the
“Theory of Imputability and the Denial of the Free Will” in 1878. Ferri
contributed to the emphasis of the social factors such as
1. Physical factors, including geographical, climate,
temperature, etc.
2. The anthropological factors including psychological factors
3. The social factors, including economics and political factors
as well as age, sex, education, religion.
Rafaele Garofalo was born in Naples in 1852, from parents
of Spanish origins. Garofalo thinks that crime can be understood only as
it is studied by scientific methods. The criminal is not a free moral
agent, but is the product of his own traits and his circumstances.
Results if the Italian School
1. Emphasis shifted from legal; metaphysical and juristic
abstraction to a scientific of the criminal and the conditions
under which he commits crime.
2. Treatment began to be based from study of the criminal.
3. The old purpose of punishment was changed –
4. Retribution was eliminated.
5. Deterrent effect theory modified – does not apply to those
who could not foresee consequences.
6. Rehabilitation re-emphasized but applied with
discrimination to certain classes.
7. Protection of society is open to be the primary purpose of
treatment.
8. Prevention of crime by early treatment of juveniles
The Modern Clinical School of Penology
This theory advocates the study of the criminal rather than
the crime. This school is interested primarily in the criminal himself in
order to determine the conditioning circumstances that explain his
criminality and in order to obtain light upon the problem of how he
should be handled by the social group. While Lombroso emphasized on
the physical characteristics, Ferri – Garafalo emphasized the
psychological and social factors, the Clinical School emphasized the
psychological and social factors, but in terms provided by the new
knowledge furnished by the later psychology and sociology.
Emphasis on social psychology – the influence of interaction
between individuals, and groups, and the relationships between
emotional balance and intellectual integrity are considered.
The Modern Clinical School advocates the idea that the
criminal is the product of his biological inheritance conditioned in his
development by the experience of life to which he has been exposed
from early infancy up to the time of the commission of the crime. It also
suggests adapting the treatment of each individual in accordance with
the diagnosis obtained by scientific study of the criminal. This school
entirely repudiates retribution, expiation and intimidation. It gives a
new content to the old terms of deterrence, reformation and protection.
DEVELOPMENT OF MODERN CORRECTIONAL CONCEPTS AND
STANDARDS
As previously stated, the earliest forms of punishment were
death, torture, maiming, and banishment. The jail was introduced in
Medieval Europe as a place of confinement of persons arrested and
undergoing trial, and for those convicted of minor offenses such as
vagrancy, gambling and prostitution. Death, corporal punishment and
banishment were the penalties for offenses, which today are punishable
by imprisonment. Later, convicted offenders were chained to galleys to
man the ships of war. England, France and Spain used transportation
system of punishment by indenturing their convicts to penal colonies
where they served as slaves until they completed the service of their
sentences.
Transportation of offenders to penal colonies was practiced
principally by European countries that had acquired distant colonies
because of the need to import labor into these colonies. England more
than any other imperialistic country in Europe, made extensive use of
transportation. England began transporting prisoners in 1718, by
sending her convicts to the American Colonies until the American
Revolution. When the colonies obtained their independence, England
diverted her convicts to Australia and New Zealand. England abandoned
transportation of prisoners in the last half of the 19th century, after
much agitation and protests on the part of the colonies.
Development of Prisons
Prisons evolved as a substitute for transportation, exile,
public degradations particularly corporal punishment, and the death
penalty. In this United States where prisons were first established,
imprisonment was introduced as a substitute for corporal punishment
and death penalty when, by the provision of the Pennsylvania Reform
Law of 1790, corporal punishment was abolished and the list of offenses
punishable by death was reduced to only one offense – that of first
degree murder. As the United States and Europe curtailed the use of the
death penalty, prisons and penitentiaries were constructed to take care
of the unexecuted and unpardoned criminals. Long sentences required
prisons and penitentiaries that were not places of detention for those
awaiting trial or short sentences but for lengthystayof offenders
convicted of serious crimes.
The Auburn and Pennsylvania System
Two rival prison systems appeared in the scene during the
early history of imprisonment, namely, the Auburn and the
Pennsylvania prison system, established in 1819, and 1829,
respectively. The features of the Auburn system were confinement of
the prisoners in single cells at night and congregate work in shops
during the day. The features of the Pennsylvania system were
confinement of the prisoners in their own cells day and night. Both the
Auburn and Pennsylvania systems observed complete silence. States of
the United States, which constructed their prisons, patterned them after
the Auburn prison system, while European countries adopted the
Pennsylvania system.
The Reformatory Movement
There was no significant progress in prison work worth
mentioning until the middle of the 19th century. Most of the prisons
established between 1819 and 1870 were constructed on the basis of a
program espousing the punitive philosophy, the features of which were
mass treatment, enforced silenced, idleness, regimented rules and
severe punishment.
In Europe, several penal administrators can be mentioned as
among those who contributed to the progressive development of the
reformatory system. Manuel Montesimos, who was the Director of the
prisons of Valencia, Spain, in 1835, divided prisoners into companies
and appointed prisoners as petty officers in charge. Academic classes of
one hour a day were given all inmates under 20 years of age.
Domets of France established and agricultural colony for
delinquent boys in 1839. The boys were housed in cottages with house
fathers as incharge. The system was based on re-education rather than
force. When discharge the boys were place under the supervision of a
patron.
In England, Alexander Maconochie, superintendent of penal
colony at Norfolk Island in Australia, introduced a progressive humane
system to substitute for corporal punishment – the Mark System. When
a prisoner earned a required number of marks, he was given his ticket
of leave, which is the equivalent of parole. Maconochie introduced
several other progressive measures, which aimed at rehabilitating
prisoners. He introduced fair disciplinary trials, built churches,
distributed books, allowed plays to be staged, and permitted prisoners
to tend small gardens. For his progressive administration of prisoners,
Maconochie should be considered one of the fathers of modern
penology. Maconochie is considered the “Father of Parole System”.
One of the most famous contributors to the reformatory
movement was Sir Walter Crofton, Chairman of the Directors of Irish
prisons. In 1856, Crofton introduced the Irish System, similar with that
of Maconochie’s Mark System, latter on called the progressive stage
system. The first stage of the Irish system was solitary confinement for
nine months at a certain prison. The prisoners at this stage were given
reduced diet and allowed monotonous work. The prisoners progress to
a more interesting work, some education, and better treatment toward
the end of the first stage. The second stage was an assignment to the
public works at Spike Island. The prisoner worked his promotion
through a series of the grades, according to a mark system, and wore a
badge of distinction to show his status. The purpose of the mark system
and the progression through grades was to shorten the length of stay. In
the third stage the prisoner was sent to Lurk or Smithfield. Which was a
sort of preparation for release. Here, the prisoner without custodial
supervision and was expose to ordinary temptations of freedom. The
final stage was the release on supervision under conditions equivalent
to present day parole. The important then to remember in the Irish
system is that Crofton attempted to place the responsibility for self-
improvement on the prisoner himself through successive stages.
In 1876, the New York State Reformatory at Elmira opened
with Zebulon Reed Brockway as superintendent. Brockway introduced
in Elmira a new institutional program for boys from 16 to 30 years of
age. The new prisoner was classified as second grade and was promoted
to first grade after six months of good behavior. Another six months of
good behavior in the first grade qualified him for parole. If the prisoner
committed a missed conduct he was demoted to third grade where he
was required to show good conduct for one month before he could be
reclassified to second grade. The Elmira system was based on the
indeterminate sentence and parole. Elmira had all the elements of
modern correctional system, so that this institution is often referred to
as the forerunner of modern penology.
In England, Sir Evelyn Ruggles Brise, Director of English prisons,
after visiting Elmira in 1897, open a Borstal Institution near Rochedi,
in Kent. The Borstal Institution of England is today considered best
reform institutions for young offenders.
A Golden Age of Penology
The period from 1870 to 1880 was called the “Golden Age of
Penology” because of the following significant events:
1. In 1870, the National Prison Association, now American
Correctional Association, was organized and its first annual
Congress was held in Cincinati, Ohio. In this Congress the
Association adopted a “Declaration of Principles,” so modern,
comprehensive in scope that when it was revised in the
prison Congress of 1933, few amendments were made. Since
founding the Association has held annual congresses of
corrections in has taken active leadership in reform
movements in the field of crime prevention and treatment of
offenders.
2. In 1872, the first International Prison Congress was held in
London. Representative of the government of the United
States and European countries attended it. As a result of this
congress, the International Penal and Penitentiary
Commission, an inter-governmental organization was
established in 1875 with headquarters at The Hague. The
IPPC held international congresses every five years. In 1950,
the IPPC was dissolved in its functions were transferred to
the Social Defense Section of the United Nations.
3. The Elmira Reformatory, which was considered as the
forerunner of modern penology, was opened in Elmira, New
York in 1876. The figures of Elmira were a training school
type of institutional program, social casework in the
institution, and extensive of parole.
4. The first separate institutions for women were established
in Indiana and Massachusetts.
The Decline of the Reformatory Movement
The Reformatory system movement subsided gradually
following the opening of Elmira because of the founders’ lack of faith in
the effectiveness of the program. The defect of the system was laid on
the lack of attempt to study criminal behavior from which to base
treatment. By 1910, it was generally conceded that the reformatory
system of the United States was a failure in practice. It was not until
1930 that the reformatory idea was revived as the direct result of the
revamp of the educational program of the Elmira Reformatory.
The Industrial Prison Movement
The Industrial Prison movement succeeded the Elmira
Reformatory movement. The U.S. Commonwealth preferred the Auburn
prison system to the Pennsylvania prison system because of its
congregate work program. The value of prison labor began to be
recognized in every prison system because of contribution that the
work program gave to the finances of the institution. As the economic
problem during the depression years became more acute, the need for
more income from the operation of the work programs in prison
became more deeply felt. State governments could hardly afford to
provide the funds with which to run the prisons because of the
economic depression that hit the United States before and in the early
1930’s. The operation of industries inside penal institutions was
therefore, considered a noble innovation that held support the prisons.
Nearly every prison, therefore, was converted into a factory engaged in
the manufacture of articles that were sold in the open market for profit.
At about this time, it was observed that there was a sudden
increase of criminality in the United States. Some people attributed the
increase of criminality to the depression. The United states Congress
created a Congressional Committee were that the rise in criminality was
caused by the increase in recidivism and repeatership in crime, and that
the increase in recidivism and habitual delinquency was attributed to
the abandonment of the rehabilitation program in penal institutions in
favor of the operation of industries. As a remedial measure, Congress
passed a law in 1934, which in effect, prohibited the sale of prison-made
articles to the public, and limited their use to government-owned
institutions and agencies. This law put an end to the Industrial Prison
Movement.
The Classification Movement
The reorganization of the Federal prison system in 1930
started the movement for modern correctional reforms. A Federal law
created the Federal Bureau of Prisons and placed a director as head of
the system. As a result of the reorganization, the penal institutions,
which were formerly administered independently by their respective
wardens, were placed under the centralized jurisdiction of the Federal
Bureau of Prisons. Professionally trained personnel were recruited for
the prison service and the rehabilitation program of the institutions was
accentuated.
World War II had its significant effects in the correctional field.
Institutions became seriously undermanned because personnel of all
levels of the prison service joined the war. On the other hand, civilian
crimes decreased. To augment the shortage of civilian manpower,
prisoners volunteered to work in farms, and factories were established
in many prisons. Spurred by patriotism, prisoners volunteered for
painful and dangerous medical experiments in connection with the war
efforts.
Following World War II, significant events marked the period.
First was the wave of penal reforms in the southern states, and second
was the series of prison riots of the 1950’s. The southern states, which
were notoriously known for backwardness in prison administration,
undertook progressive reforms with Texas taking the leadership in
1947. Texas reorganized its penal system, built new institutions, and
employed professionally trained personnel. Other states included in the
reform were Alabama, Louisiana and North Carolina.
Another notable achievement in the correctional field after
World War II was the progress attained by the State of California. In
1944, the California Prison System was reorganized into the California
Department of the Corrections with a Commissioner of Corrections as
head. Also include in the reorganization was the establishment of the
Reception and Guidance Center, a new type of institution for the study
of the prisoner and preparation of his treatment and training program
in prison. More penal institutions were constructed and all the
institutions within the system were classified according to program
specialization and degree of custody of inmates confined therein. From
then on, the California Department of corrections assumed leadership in
correctional work.
In contrast to the programs attained in the field of correction,
two problems plagued the systems, namely; idleness in prison and the
deplorable conditions existing in county jails. The war efforts in prison
proved that prisoners had the willingness and ability to work, but due
to lack of employment facilities, a bigger portion of the prison
population remained idle. While prisons and other correctional
institutions have reached a considerable degree of progress up to the
1950’s the reverse is true with respect to jails. The jails had remained as
an institution most resistant to change.
The most recent developments in correctional system are the
diversification of adult penal institutions and the individualization of
treatment and training of prisoners. State correctional systems have
adopted California’s today, no prison system that has for its aim the
rehabilitation of prisons can operate effectively without these programs.
The Manual of Correctional Standards issued by the American
Correctional association states: “The essential elements of a well-
rounded correctional program of individualized training and treatment
in an institution for adult offenders include the following: Scientific
classification and program-planning on the basis of complete case
histories, examinations, tests and studies of the individual prisoners;
adequate medical services, having corrective as well as curative
treatment as their aim, and making full use of psychiatry; psychological
services, properly related to the problems of education, work assignment,
discipline and preparation for parole; individual and group therapy and
counseling, and application of the therapeutic community concept, under
the direction of psychiatrists, psychologists, or other trained therapists
and counselors; casework services, reaching families as well as prisoners;
employment at tasks comparable in variety, type and pace of work of the
world outside, and special tasks with vocational training value; academic
and vocational education, in accordance with the individual’s needs,
interests, and capabilities; library services, designed to provide
wholesome recreation and indirect education; directed recreation, both
indoors and outdoors, so organized as to promote good morale and sound
mental and physical health; a religious program so conducted as to affect
the spiritual life of the individual as well as that of the whole group;
discipline that aims at the development of self-control and preparation
for free life, not merely conformity to institutional rules; adequate
buildings and equipment for the varied program and activities of the
institutions, and above all, adequate and competent personnel, carefully
selected, well trained, and serving under such conditions as to promote a
high degree of morale and efficiency.”
Development of Probation
Probation started in England with the old practice of
suspending judgment and releasing the offender on his own
recognizance with the promise not to commit any more crime. Often
times, a surety was required and the guarantor was given the authority
to bring back the offender to the court if he violated the condition of his
release. In the United States, probation was practice in Boston by John
Augustus in 1841. Although the first probation law was passed in
Massachusetts in 1878 it was not until the passage of the first Juvenile
Court law of Cook Country (Chicago) in 1899 that probation was widely
used. Today, probation has won public acceptance as part of the state
correctional system by nearly all counties in the world.
In the Philippines, Act No. 4221 of the Philippine Assembly
established adult probation, but it was abolished in 1937 after two
years of existence because it was declared unconstitutional in the case
of People vs. Vera, 37 O.G. 164. However, probation for adult offenders
was re-established by Presidential Decree No. 968 that was signed by
President Ferdinand E. Marcos on July 24, 1976.
Development of Parole
The first parole law was passed in Massachusetts in 1837. At
about the same time, Captain Maconochie, in charge of the English Penal
Colony in Norfolk Island, Australia, introduced a system whereby a
prisoner was given a “ ticket of leave “ (the equivalent of parole) after
earning a certain required number of marks. Parole was also a feature of
the Irish Prison system, which was established in 1856. Parole in the
Irish System was based on an indeterminate sentence and the mark
system.
The Elmira Reformatory, likewise, had a limited form of
indeterminate sentence and a method of marks similar to the Irish
system, and parole based on marks. The principal defect of early parole
systems was the manner of determining eligibility for parole. It was the
general practice to release the prisoner on parole after the prisoner had
acquired the required number of marks or credits. Today, good parole
practices base release not only on the record of work and conduct of the
prisoner but also on the prospective parolee’s successful adjustment to
the community. The other defect of parole then was the lack of
supervision of the parolee in the community. It is now an indispensable
element of parole to provide parole officers to supervise parolees in the
field. Hardly can one find a correctional system without parole this time.
International Aspect of Correctional Work
Countries of Europe, the United States and the Far East had
an interchange and cross-diffusion of methods of criminal justice and
penal philosophy and practices among themselves as early as the
beginning of the 19th century. The first interchange of ideas was
primarily with reference to the type of physical plant of prison and
especially whether it should be individual or congregate cell and
working quarters.
In the establishment of the Elmira Reformatory, which is
considered the forerunner of modern penology, Brockway adopted
ideas of the experiment in Ireland and Australia in the idea of
indeterminate sentences. The founder of the first Borstal, in his first
visit of Elmira, was inspired by the new reform methods and
incorporated them in the first Borstal Institution established in
England. The English Borstal became models for other European
countries and was highly recommended in the United States.
The first juvenile court which established in Chicago in 1899,
was based on principles long used in England, although England put up
her own juvenile court some years later when the Child Act of 1908 was
passed.
The International Penal and Penitentiary Commission
The first attempts to achieve international cooperation with
respect to the prevention of crime and the treatment of offenders were
largely the by-product of the development of a scientific approach to the
problem and of a general pattern of international cooperation in the
exchange of technical and practical information. The first international
organization in the field was the International Penal and Penitentiary
Commission established in 1875.
This organization was responsible for holding international
penal and penitentiary congresses every five years. The last congress
was held in The Hague in August 1950. The Commission developed
publications; studies and international exchange of information, and
devoted a great deal of attention to the formulation of basic or
minimum standards of practice in the treatment of offenders.
The League of Nations limited its scope in the social field to
the problem of traffic of women and children. Gradually the League
broadened the scope its activities in the field and soon assumed
responsibility regarding child welfare. The League organized the
Advisory Committee on Social Questions, which collaborated closely
with the International Penal and Penitentiary Commission. From 1925
onward, the League of Nations took a more positive role with respect to
penal and penitentiary questions. The question of the treatment of adult
offenders was actually taken up by the League of Nations in 1930. The
League did not create a special unit to deal with the prevention of
crimes and treatment of offenders. The League, however, collaborated
actively with the ten existing international organizations specializing in
the field and was officially recognized by the League as “technical
organization “.
In 1934, the League of Nations adopted the “Standard
Minimum Rules for the Treatment of Prisoners “, drafted by the IPCC.
The League requested all governments to give the greatest possible
publicity to the Rules; to take the necessary measures in order that they
might be observed; and to submit regular reports regarding their
application and regarding the prison reforms achieved in the respective
countries. The work of the League, however, was interrupted by the
outbreak of the war in 1939. The participants in the international
activity in the field of crime prevention and treatment of offenders were
restricted to the countries of Europe, North America, and British
Commonwealth and to a small number of Asian and Latin-American
States.
The United Nations Program
The Social Commission of the United Nations in the first
session in 1946 expressed the view that the United Nations should
assume the responsibility for international action in the field of crime
prevention and treatment of offenders. Negotiations between the United
Nations and the International Penal and Penitentiary Commission led to
an agreement for the dissolution of the latter body and for the transfer
of its functions to the United Nations. This plan of integration was
approved by the IPCC on August 12, 1950. The IPCC was actually
dissolved on October 1, 1951.
The Section of Social Defense is responsible for all functions
of the Secretariat in relation to the United Nations program in the field
of prevention of crime and treatment of offenders. This section carries
out its duties (including the preparation of studies, the formulation of
basic principles of practice, and the publication of the “International
Review of Criminal Policy“) in close collaboration with the following
bodies:
1. Expert Consultants – The United Nations utilizes the services
of competent specialists who are not regular members of the
Secretariat. Consultants are required to carry out their
assignments in close collaboration with the Secretariat.
2. National Correspondents – By resolution of the General
Assembly on December 1, 1950, member countries were
invited to appoint one or more representatives of expert
qualifications or experienced professional scientists, in the field
of prevention of crime and treatment of offenders. The National
Correspondents of the United Nations serve as the Secretariat’s
major sources of information on current developments in the
field as well as the major link between the United Nations and
relevant national activities.
3. National Working Groups – National working groups have
been established by the secretariat in several countries,
intended to form part of a comprehensive scheme for the
channeling of expert opinion on a national basis. The groups
assist the United Nations in its program of study and action.
4. Regional Consultative Groups – The United Nations provides
for bi-annual meetings of correspondents in appropriate “
consultative groups “ in the composition of which ethnic,
legislative and customary affinities are to be taken into account.
5. International Groups of Experts – This is a group of seven
internationally recognized experts. The group acts as an
advisory body and advises the Secretary General and the
Special Commission in devising and formulating policies and
programs relative to the prevention of crime and treatment of
offenders.
The United Nations has accepted the responsibility for the
organization of World Congresses on the prevention of crime and
treatment of offenders every five (5) years similar to the congresses
formerly organized by the IPCC Word Congresses in the prevention of
crime and treatment of offenders were held in Geneva in 1955, in
London in 1960, in Stockholm in 1965, in Kyoto, Japan on August 17-30,
1970 and in Geneva in 1975. In addition to the quenquennial World
congress, the United Nations has organized periodic regional technical
conferences in the field.
THE SCOPE OF THE CORRECTIONAL PROCESS
In recent years, the continuity of the correctional process
from the moment of conviction to the final release from legal control has
been stressed. It is recognized that probation, juvenile and adult
institutional care, including jails and parole are all parts of the same
process.
Coordination and Direction
In the past it was the common notion that the penal system of
a country was limited to the operation of prisons. Due to the significant
progress attained in the field of correctional administration during the
last 30 tears, it is now an accepted practice to include probation,
juvenile as well as adult institutions, and parole as integral parts of the
state correctional system. We now realize that society can be best
protected against crime if the offender is handled by the
aforementioned agencies in a continuous coordinated and integrated
process, rather than he being dealt with through successive,
independent and loosely coordinated services by the same agencies.
Since probation, prison and parole deal with the same offender and use
the same techniques and procedures in the attainment of their
objectives; it would be more economical to the government if these
agencies cooperate closely and integrate their services. Furthermore,
subjecting the offender to a series of interviews, tests and examination
successively and repeatedly by these agencies will only increase his
bewilderment and confusion and cause him to lose faith in the sincerity
of the authorities to help him get rehabilitated. Therefore, in as much as
all agencies having anything to do with the offender have but one
objective to protect society against crime – these agencies should
consult each other and integrate their activities in order to attain their
objectives effectively and with the least expense and effort.
The State Department or Bureau of Corrections should be
vested with the jurisdiction to supervise jails. In the United States, all
institutions for adult offenders above the level of the jail fall under the
Department of Corrections or the Bureau of Prisons. In the United
States, county jails although locally managed, are placed under the
supervision of Federal Bureau of Prisons. A jail inspection division of
the Federal bureau of Prisons inspects jail regularly. The Director of
Prisons has the power to close jails that are substandard and to approve
building plans for new jails. In the Philippines, the Director of Prisons
similarly has supervisory powers over provincial and city jails but his
powers are limited in the sense that they are advisory and
recommendatory only. The prison law provides that the Director of
Prisons “shall issue rules and regulations for the government of national
and provincial prisons or jails”.
Coordination of Institutions and Parole
Another step toward the fullest practicable coordination of
the state’s correctional services is to integrate institutions and parole as
far as possible. This is so because the two agencies deal with the same
offender. Parole is the extension of imprisonment. The period served on
parole is part of the same sentence that he serves in the prison. The
prison program is directed towards the preparation of the prisoner for
parole, and the parolee’s successful adjustment to the community
depends largely on the quality of that preparation. Therefore, in order
to attain the objective of reforming the offender, prison ad parole should
fall under one department, preferably the Department of Corrections or
Department of Justice. In California, prison and parole fall under the
California Department of Corrections. In the US Federal government and
in the Philippine government prison and parole are under the
Department of Justice.
Institutions for Juveniles and Youths
The upper age limit for offenders considered as juvenile
delinquents varies from one jurisdiction to another. In some countries,
21 years of age while others 18. The determining factor with respect to
the upper age limit for juvenile offenders is the age when the person is
considered mature enough to possess and be able to use all his faculties.
In countries, therefore, which have low age limits to delinquency
category, there will be many offenders between 16 and 18 years of age
are not yet mature enough to be confined in institutions for adults. Due
to the difference in philosophy and methods of treatment in juvenile
institution and prisons, the problem of how to deal with a great number
of offenders belonging to this group arises. In many states, institutions
for Youth Authority, an agency separate from the Adult Authority exists.
In countries or states, which do not have a youth authority program,
arrangements can be made legislation or by agreements between the
departments concerned for the transfer of those deemed too mature for
juvenile institutions to a reformatory for youthful offenders.
 Special Institutions and Facilities
Penal Institutions under the category of medical facility is of
recent creation. Many states or countries, in diversifying their penal
institutions, have established medical facility institutions, reception and
diagnostic centers and institutions for criminal insane. These special
institutions all fall under the jurisdiction of the state correctional
system. Examples of such type of institutions are the California Medical
Facility at Vacaville and the Federal Medical City at Springfield, Missouri.
The Medical facility at Vacaville performs the dual function of a
reception-diagnostic center for new prisoners and a treatment center
for prisoners who are suffering from chronic diseases and the invalids.
The Facility at Springfield, Missouri serves also as reception-diagnostic
center for Federal prisoners coming from the area, and as an institution
for the treatment of narcotic or drug addicts, criminal insane and
invalids.
Coordination of Probation and Parole
The nature of probation and parole services is essentially the
same. Probation and Parole services attempt to held the convicted
offender adjust himself in the community as a law-abiding and
productive member of the society. Both agencies use the same
techniques and procedures in helping their wards. Administratively,
however, both services at are opposite poles. The granting authority in
probation is the judge. Probation therefore is a judicial function. The
staff that screens candidates for probation belongs to the court. With
respect to parole, the authority that grants parole is a Board, which is
under the executive branch of the government. Under the theory of
separation of powers, therefore, probation and parole cannot be placed
under one department administratively. However, the supervisory
function of parole and probation over their wards can be assigned to
one agency. The Federal government of the United States has this
arrangement-the field supervision of probationers and parolees are
done by probation officers.
THE ADMINISTRATIVE ORGANIZATION OF A STATE CORRECTIONAL
SYSTEM
During the early period of state correctional activity, prisons
were regarded as local institutions and each was separate and
independent entity. Local boards of trustees were appointed by the
governor to advise him on policies and administration. These unpaid
boards frequently choose the warden and supervised his
administration. The abuses of power vested in local board of trustees in
the matter of awarding prison labor contracts led to the abolition of the
board of trustees. With the increase in the number of institutions, the
need for coordination of institutional activities became apparent,
resulting in the creation of central state boards. Originally, the
centralized state boards coexisted with the local boards, exercising
over-all supervision and restraint over the latter. Later, the centralized
state boards performed added administrative functions and to a large
extent, displaced the local boards of trustees. They were usually known
as “state boards of charities and corrections. “ The members of the
centralized state boards served without pay and were appointees of the
governor. They visited state prisons and advised the governor with
regard to administration and policy, bringing greater coordination than
had previously existed.
The creation of state boards of control was the third step in
the increasing centralization of correctional administration. They were
composed mainly of paid, fulltime members, with far more
comprehensive responsibilities than previous boards. Their
responsibilities included the selection of sites for new institutions, the
direction of care and treatment programs, the enunciation of institution
policies, and the purchase of supplies. Their primary interest however,
was in the fiscal aspects of institutional management.
Present-day Organizations – There is high degree of
diversity in the administration of state administration for corrections.
Local Boards of Trustees – Local boards of trustees still
exist in seven states, namely: Connecticut, Indiana, Arkansas, Delaware,
Mississippi, and New Hampshire. The criticism against local boards of
trustees is that their knowledge of corrections is limited. Because they
are composed of persons who are usually have fulltime personal
obligations to fulfill in other fields, these boards suffer from infrequency
of meetings; important decisions are delayed, and ineffectual
administration is the result.
Ex-Officio Boards – Four states in the United States have
their correctional program managed by ex-officio boards, which include
the governor, state treasurer, and other members of the governor’s staff.
The reason behind ex-officio boards is that they are less expensive to
operate. The defect of the ex-officio board is that meetings are
infrequent because of the vast activities of these officials in their regular
jobs. This form of administrative control is used principally in states
with few correctional institutions.
Boards of Control – The board of control are functioned in at
least five states: Iowa, Montana, Nebraska, North Dakota and West
Virginia. The principal arguments against the Board of Control type of
administration are that decisions are often based on compromise,
action is slowed down, and it is difficult to fix responsibility in cases of
errors and misadministration.
Centralized Boards or Prison Commissions –
Centralization of administration in a board is utilized in nine states:
Florida, Idaho, Kansas, Maryland, Oklahoma, South Carolina, South
Dakota, Texas and Utah. These boards vary in size of membership from
three to six or more persons. They are appointed by the governor and
serve either part time or full time. In some instances, one of the
members assumes the chairmanship and functions as chief
administrator of the correctional program. The criticisms against these
boards are that their membership is frequently nonprofessional, their
decisions are slow and based on compromise, and responsibility is
diffused.
Divisions Within a State Department - Experienced
administrators generally agree that plural executives (boards,
commissions etc.) are unsatisfactory for purposes of efficient
administration. There is no unanimity of opinion, however, as to
whether corrections should be established as an independent, separate
state department or integrated in a larger department of institutions or
welfare. Where the correctional problem is big, both in terms of prison
population and number of institutions, a separate state department
seems advisable. Integration within a state department of welfare is
suggested for smaller states by the American Correctional Association
in its manual on suggested standards for correctional administration.
Fourteen states have their correctional program administered as a
division within a larger department. These states are Illinois,
Minnesota, New Jersey, Ohio, Pennsylvania, Wisconsin, Kentucky,
Louisiana, Maine, Rode Island, Tennessee, Vermont, Washington and
Wyoming. In Illinois, penal institutions are administered by the
Department of Public Safety. The correctional functions are
administered by a division of prisons. A division of correction acts as the
parole board and consists of the superintendent of prisons,
superintendent of crime studies are headed by a criminologist, which
supervises the direction of the study and classification program, and the
medical program.
The basic objections of the division within a state department
type of administration, is that there is likelihood that the correctional
phase of the program will be subordinated to other activities of the
larger department. Adequate funds are more difficult to procure. A
division within a state department tends to thwart the development of a
coordinated correctional program.
Separate Department of Corrections – Undoubtedly the
most refined administrative organization for corrections is the separate
department with a single executive. There are nine states with separate
departments; Alabama, California, Georgia, Massachusetts, Michigan,
Missouri, New York, North Carolina and Virginia. The central office is
organized to provide a division of responsibilities among members of
the staff. In a few states all adult probation and parole functions are
administered by the central department. The California Department of
Corrections is normally composed of the director of corrections, the
board of corrections, the Adult Authority, the Board of Trustees of the
California Institution for Women, the Youth Authority. The central office
staff includes three deputy directors, one responsible for coordination
of the central office staff, one responsible for fiscal and property
functions, and the other, for crime studies, research and correction
coordination of all levels of government within the state. Professional
leadership in the integrated department allows for the orderly
development of correctional activity. It is by far the most satisfactory
administrative organization developed to date.
The Philippine prison system is patterned after the
Federal Bureau of Prisons of the United States. It is a bureau within
the Department of Justice.
THE ADMINISTRATIVE ORGANIZATION OF AN INSTITUTION
The organizational structure of a prison depends on the
objectives of the agency. Prisons are no longer places for retributive
punishment of the offender but for his rehabilitation. The best
organizational structure of a prison, therefore, is one that serves to
carry out the program of rehabilitation.
Single Administrative Officer – A prison or correctional
institution should have only one administrative head called
superintendent or warden. Many of the early penal institutions in the
United States were administered independently by a board composed of
three members: Experience of these institutions has proven that
decision making by a Board requires a lot of discussion and other
consideration, hence actions are very much delayed. It has been proven
that leadership under a professionally trained prison administrator is
dynamic and efficient. All prisons and penal institutions are now headed
by warden or superintendents. The Superintendent or warden should
be given a wide discretion to run his institution within the framework of
the law, rules and regulations.
The successful administration of a prison depends largely on
the personality and leadership of the warden. It is therefore important
that he should be a man of unusual capacity, not only in the general field
of administration but also in the more specialized aspects of
correctional administration. A superintendent or warden, before he is
appointed as head of the institution, should have a minimum of five
years of experience in a subordinate position of responsibility in a
similar organization.
The five important responsibilities of the head of an
institution are as follows:
1. Decision Making - is important in the prison setting. The
warden limits his role to considering policy matters and major
problems. He delegates with confidence, to well-trained
subordinate executives, sufficient authority for management of
daily operations in line with established policy.
2. Control prison operations and activities - It has always been
important to insure that the program and policy are carried
out and avoid mismanagement by incompetent personnel or
by individual or group of inmates getting into positions of
power. The warden depends more on sound organizational
planning, written manual policies and procedures, and an
effective communications system than controlling operations
by constant personnel inspection of all areas and frequent
contact with all personnel and a large number of inmates.
3. Public Relation - The warden today provides leadership to
involve all personnel in a program aimed at gaining public
understanding, goodwill and community acceptance.
4. Personnel Program - It is the warden’s responsibility to
provide leadership and assign responsibility for recruitment,
selection, training and supervision of personnel.
5. Executive Leadership - must be constantly demonstrated by
the administrative head. He must offer leadership and
motivation to his staff in his personal drive, knowledge and
sincerity of purpose and must tie together all programs or
discipline in cementing a meaningful administrative course.
Organizational Subdivisions – The institution should be
managed by organizing like functions under major administrative
subdivisions. However, the grouping should be based on the functions
and number and kinds of inmates, and the nature of the institutional
program. The program directs both custody and treatment, thus better
coordination and integration of all functions are possible when within
one division under one manager. Besides, the personnel, both custodial
and treatment, are organized into treatment teams for supervision of
inmate groups of a practical size, thus personnel really know the
inmates for control and treatment purpose.
The organizational structure should be based on principles of
sound management. The number of division heads responsible and
reporting to the warden should be small. This injunction should also
apply to lower levels in the organizational structure.
The typical prison or correctional institution has five distinct
subdivisions, namely, business management or administrative, custody,
classification and treatment, production and medical.
The business management or administrative division of
the institution is charged with the function of personnel including the
recruitment and training of personnel. It is also responsible for the
procurement of supplies and materials, plant maintenance and other
administrative services of the institution.
The custodial division takes charge of all matters pertaining
to the custody of prisoners and security of the institution. This unit is
headed by an assistant warden or assistant superintendent. The
custodial groups constitute the bigger number of the personnel in a
maximum or medium security prison. There are five or six levels of rank
in the custodial force. Most prisons follow the military pattern of
organization. For every six or eight guards there is one senior prison
guards are responsible to the Supervising Prison Guard (equivalent to
the sergeant). Equivalent to the commissioned officer in the army are
the Security Officers I, II and III. The prison guard is the lowest in the
levels of the rank. He is assigned to man the sentinel posts, guard
houses and gates. Also, he escorts prisoners to work in projects, to
courts and other places outside the prison when such leave is duly
authorized. The senior prison guards take charge of a squad or group of
guards in a work detail or escort detail. They are also assigned to man
important posts such as control gates, mess halls and living quarters of
prisoners. The supervising prison guards take charge of a big group of
guard details or several posts within the perimeter of the institution.
The security officers are assigned as commanding officers of the three
shifts of guards, morning, afternoon and night shift, and the Escort
Company or platoon. The head of the custodial force is a Security Officer
III or Captain. He holds the rank of an associate warden.
The organizational set up of other subdivisions, namely, the
administrative, classification treatment, production and medical does
not follow the military pattern, but there are various supervisory levels
typical of civilian organizations. In the management of the prisons or
correctional institutions, the principles of management applicable to
any organization or agency hold true. Some of the fundamental
principles are the following:
1. The organizational framework of the prison should be
planned to group together like functions, services and
activities to facilitate personnel treatment.
2. The organizational subdivisions should clearly indicate
through the chain of command appropriate levels of authority
and responsibility.
3. There should be a booklet of rules and regulations and
operating procedures to guide the personnel.
4. A program of personnel and development must be maintained
to include analysis, description and classification of positions,
recruitment and selection, in-service training and promotion.
THE PHYSICAL PLANT
The study of the structural designs of prisons since the first
prison was established reveals the physical plants of institutions have
changed in accordance with the changing philosophy of penal work. The
early prisons were constructed as strong and as escape proof as could
be suit the purpose of imprisonment which was then penitence. Modern
trends of correctional administration encourage the use of open
institutions in line with the present concept of rehabilitation as the
objective of the correctional system.
The Philosophy, the Program and the Plan
The plan of building should express the purpose of which it
is to be put. A hospital building should be designed to carry out all the
purposes and functions of the hospital program as easily and efficiently
as possible. Many prisons have been built with little regard to changing
philosophy and changing program needs.
The traditional concept of prison being a place for
punishment and making prisoners work at hard labor has been
replaced by the present concept that the loss of liberty by confinement
in an institution constitutes the penalty. While the penalty is being
served in prison, there should be carried an intensive program of
training and treatment aimed at the ultimate rehabilitation of the
inmate confined therein.
The physical plant of big prisons in the past has always
handicapped the rehabilitation work of the administrators. The
fundamental characteristics of prison architecture lag far behind from
the progress that correctional ideals and techniques have developed.
The goals of correctional work can far be realized, not until the physical
plant of correctional institutions brought into basic harmony with the
assumptions and requirements of the philosophy of rehabilitation. The
design of an institution can and does affect the operational prison
atmosphere.
The Diversified State System and the Single Institution
Whenever a single institution is planned the entire needs of
the state system for correctional institutions should be re-examined and
studied. It is not possible to set up specific standards with respect to the
diversification of institutions by types of inmate which are applicable to
all state correctional systems. Different countries have vastly different
needs because of size, composition of population, economic status of
the state and financial resources and similar factors.
It is however possible for a small correctional system to have
a certain degree of diversification of program and custody within a
single institution. There is a general agreement that female prisoners
should be segregated from male prisoners; and that with few
exceptions, boys less than 18 years of age should be segregated from
older adults. It is possible to have a farm barracks outside the walls of
an adult institution which can be operated as a minimum custody
facility. A special building of maximum security for the more dangerous
and incorrigible prisoners can be placed in an institution. The principle
here is that as soon as there are enough prisoners of certain
homogeneous type, requiring a specialized program of custody and
treatment, this group should be separated in a specialized institution.
This does not mean however, that there cannot be diversification of
housing, custody and treatment within a single institution, and in fact,
this may be the least answer in some cases.
Effective diversification of institution within a correctional
system is based upon some system of classifications, as follows:
1. Diversification by Age – It is generally accepted practice that
boys and girls under the age of 18 should be segregated from
the older group. Special institutions or reformatories have
been developed for the age group from 17 to 25 or 30. The
older group should probably be classified on the basis of
factors other than age, with one possible exception, that is,
that a special institution for the aged, infirm and non-
employable prisoners may constitute a special institution.
2. Diversification by Sex – There is a general agreement on the
principle that women prisoners should be kept in special
buildings located on the same site with the men’s prison, in
some cases, on top floor the administration building, and
similar unsatisfactory arrangement.
3. Diversification by Degree of custody – Correctional
institutions are mostly diversified on the basis of degree of
custody, among which are the following:
a. Super Security Facility - A small portion of any prison
population consists of incorrigibles, recidivists, escape
artists, and chronic troublemakers. This category of
prisoners should be confined in a unit or institution
separate from the general population. The number, usually
does not constitute 10% of the whole population, is small
so as not to justify their confinement in a separate prison.
Ideally they should be confined in a super maximum type
of prison, like Alcatraz, where escape is quite impossible.
However, the expense of maintaining an Alcatraz type of
institution is great, considering the need for heavy
custodial restraints and a small employee-prisoner ratio to
control this type of prisoners. A few years ago, the Federal
government abandoned Alcatraz because the operating
cost is prohibitive and the philosophy of the program is
considered inhuman. It is more practical therefore to build
a super security unit within a maximum prison for the
incorrigibles and troublemakers.
b. The Maximum Security Institution - This type of
institution is characterized by thick all enclosures, 18 to 25
feet high. On top of the wall are catwalks along which the
guards patrol at night. At corners and strategic places are
tower posts manned by heavily armed guards. The housing
units within the walls are of the interior cell block type.
Prisoners confined in this type of institution are not
allowed to work outside the institutions but are assigned
to industrial shops within the prison compound.
c. The medium Security Institution - This type of
institution is usually enclosed by two layers of wire fence.
The inner fence is 12 to 14 feet high with curb and the
outer fence is 8 to 12 feet high. The two fences are from 18
to 20 feet apart. Usually the top portion of the fence is
provided with barbed wire. The perimeter fence requires a
minimum number of personnel to guard it. The housing
units consist of outer single cells, honor rooms, squad
rooms and dormitories. The inmates may be allowed to
work outside the fence under guard escorts.
d. The Minimum Security Institution - This type of
institution is usually without a fence, and if there is one, its
purpose is to keep away the civilian population from
entering the institution rather than preventing escapes.
There are no bars or keys to dormitories or armed guards
within the institution. The housing units are composed of
dormitories requiring little or no supervision by
correctional workers. The United Nations Congresses held
in Stockholm and in London in 1960 and 1965 passed
resolutions urging more use of open institutions than in
maximum or medium security institutions.
e. The Special Security Facility - About two percent of an
unselected prison population will consists of incorrigibles,
intractable, and dangerous persons who are so difficult to
manager that they are a source of constant disturbance
and difficulty even in the typical maximum security
institution. They are so few in number that even in a big
prison system it is not feasible to put up a special
institution for them. The need for heavy custodial
restraints in a maximum custody prison, calls for a large
employee-inmate ratio. The smallness of the institution
makes operating costs prohibitive. The normal, practical
solution is to build a special security facility within the
confines of the maximum institution. The facility within
the larger institution should be located and constructed in
such a way that any general disturbance within the
building will not tend to excite or inflame the general
population
4. Diversification of Institutions by Medical or Mental
Conditions - Numerous medical and mental conditions
among an unselected prison population call for specialized
housing and program. Examples of these are the psychotics,
the extreme psycho-neurotics with psychotic episodes, the
sex offender or sex deviate, the tuberculosis prisoners, and
others requiring continued long-term treatment for chronic
conditions. The custodial features of an institution for the
medically infirm prisoners should be varied to meet the
needs of the different types of prisoners to be
accommodated. There will be at least one maximum-security
building, various grades of medium security, and some
minimum. The general tone of the institution will be that of a
hospital with medium security features.
The Plan in Relationship to Types of Inmates and
Program
Generally, prison administrators have attempted to fit a
program as best they can into an existing facility, and for tailoring the
program to these facilities. They forget that the first step in making the
plan is to make a careful analysis of the types of inmates planned to be
housed in it and to work out in great, detail the program to be provided
for them.
Selection of the Site
The location of the institution is an important aspect of
prison planning. A prison located in uninhabited area may in a few
years be completely surrounded by city development. This makes
expansion and remodeling difficult, so that congestion will inevitably be
the outcome. Also, the institution will become a hazard to the
surrounding area. Care, therefore, should be exercised in the selection of
a site, taking into consideration the area,, agricultural land, topography,
foundation conditions, transportation facilities, climate, water supply,
electrical supply and nearness to a community with adequate resources
for supplies and for the advantages of community living for the
personnel.
Size of Institution
The United Nations Standard Minimum Rules for the treat-
ment of offenders prescribes that penal institution should not exceed
1,200 inmates. Smaller institutions should however not be too small as
to make operating cost too expensive.
There are institutions with population exceeding 5,000. The
per capita cost of operation is less when the institution is big, but the
negative effects of overcrowding and impersonal relationship of
personnel and inmates, though not easily discernible, is great. If it is not
possible, to-establish smaller institutions because of lack of funds, a
compromise arrangement can be made so that big institutions may be
divided into smaller units, all units still operating under the
superintendent or warden of the institution. A good example, of this
arrangement is the California Institution for men at San Luis Obispo -
this institution consists of two program; units and a minimum-security
satellite unit
.
Custodial Characteristics of the Institution
There is controversy of opinion as to how secure an
institution should be. Some prison administrators think that prisons
should be sufficiently secure as to ensure no escapes. The more
progressive-minded administrators contend that too much custodial
restraint works against the rehabilitative program, so that escapes
should be looked upon as inevitable and something to be minimized.
Whatever be the position held by the prison administrator, public
attitude regarding escapes cannot just be ignored. Escapes cannot be
prevented or minimized by strong and escape-proof institutions only
but by careful classification and good personnel management. The
criteria therefore in planning a new institution should be based on the
type of prisoners to be housed. The physical plant should be as strong as
is necessary to prevent the number of escapes which will draw public
censure and the kind of escapes which really threaten the public
welfare.
Segregation
Ideally, a prison system should be diversified by institution.
This arrangement provides proper segregation of groups by institution.
Actually, few prison systems come up to this standard. Since this
arrangement requires a big budgetary outlay, a compromise can be
made so that bigger institutions can be broken into smaller units. The
purposes of segregation are to prevent moral or physical contamination
of one group by another, and to prevent unnecessary custodial risks. It is
therefore necessary that the first offenders be kept separately from the
recidivists and habitual delinquents; that sentenced prisoners and the
detention inmates occupy separate units; and that those undergoing
disciplinary punishments be segregated. The movements of prisoners as
well as workers within the institution should be carefully planned to
avoid confusion, loss of time and inefficiency in custodial supervision.
THE CLASSIFICATION PROCESS
The rehabilitation program of the prisoner is carried out
through the process of classification. Classification is more than placing
prisoners into types or categories. It is a method by which diagnosis,
treatment, planning, and execution of treatment program are
coordinated in the individual case. The objectives of classification are
development of an integrated and realistic programs of the prisoner
arrived at, through the coordination of diagnosis, planning, and
treatment activities; and an informed continuity of these activities from
arrival to release of the prisoner.
The first two phases of the classification process, namely,
diagnosis and treatment planning, take place in the reception center,
which is a special unit separate from the prison, or in the classification
clinic of the prison. The third phase which is the execution of the
treatment program takes place in the operating institution or prison.
Reception Diagnostic Center (RDC)
In line with the latest approach to treatment — the
individualized or casework method — it is necessary that prisoners
must undergo a diagnostic examination, study and observation for the
purpose of determining the program of treatment and training best’
suited to their needs and the institution to which they should be
transferred. These processes take place in the Reception & Diagnostic
Center within-the first (60) sixty days of their commitment to prison.
The Reception and Diagnostic Center makes possible the
careful study of offenders by a professional staff, the segregation of
prisoners based on scientific methods: the treatment of inmates based
upon careful study of the individual inmate at the time of commitment;
the improvement of institutional programs based on close study of
inmate's characteristics and needs made at the Center; and the
development of research concerning the causes and treatment of
delinquency or crime. The Reception Center is a specialized diagnostic
institution designed to service a big correctional system. It is not a
treatment center. In order that the Center can accomplish the purposes
for which it is intended, the following basic elements must exist in the
correctional system:
1. There must be a sufficient member and variety of
institutions or treatment facilities available to permit
placement of each individual in accordance with his
treatment and training needs.
2. There must be an integration of plan and program,
including the reception center, treatment facilities in
.the prison, and parole placement and supervision.
3. The public must be educated to accept the basic concept
of treatment as opposed to mere punishment.
4. There must be a sound philosophy of treatment and
training throughout the entire correctional system.
5. There must be good physical facilities and personnel.
The RDC Staff and their Functions
1. Psychiatrist — examines the prisoner and prepares an abstract of
his findings. The abstract includes a brief statement of the mental
and emotional make-up of the individual with particular reference
to abnormalities of the nervous system and the presence of
psychoses, psychopathic behavior, neurotic tendencies, paranoid
trends and other special abnormalities. The psychiatrist makes a
recommendation with regard to custody and transfer and calls
attention to any special conditions which limit or indicate special
type of work, educational training, recreation or disciplinary
treatment.
2. Psychologist — interviews the man and administers tests. The
psychological abstract presents a statement of the psychologist's
findings with regard to the mental level, general and special
abilities, interests and skills of the prisoner. The outstanding
factors contributing to the maladjustment of the individual are
pointed out. A prognosis for institutional and parole adjustment
based on the inmate's attitudes, characteristics and peculiarities is
included. In this abstract, the psychologist makes his
recommendation with regard to custody, transfer and general
education and further study and treatment of the man.
3. Sociologist — the prisoner is interviewed by the sociologist.
Additional information is obtained through correspondence with
the prisoner's friends, relatives, and social agencies. The objective
facts of the personal history of the inmate are recorded in the
social abstract, which also includes an analysis and interpretation
of the individual's social situation and relationships.
4. Education Officer or Counselor — the prisoner is interviewed by
the educational officer in order to determine his educational
strengths and weaknesses and to recommend suitable educational
program for him. He conducts orientation classes in general
education in order to change the inmate's attitudes toward
education. He gives counsel to inmates found wanting in
educational needs. He prepares a report of every inmate on
general education as part of the case summary of the inmate.
5. Vocational Counselor — the vocational counselor, by interview,
obtains a record of the man's former employment and tests the
man to determine his general and special abilities, interests and
skills. The results comprise the vocational abstract and
recommendations are set forth with regard to the types of
vocational training which should be made available to the inmate
during his incarceration.
6. The Chaplain - The inmate is interviewed by the Chaplain and he
is encouraged to participate in religious worship. The Chaplain's
abstract states the religious affiliation of the prisoner and gives his
opinion as to the significance of the inmate's religious attitudes in
determining his conduct. The Chaplain makes recommendations
with regard to further religious training.
7. Medical Officer — a complete physical examination is given each
inmate at which time his medical history is obtained. The
examination covers the major organs of the body, such as the lungs
and the heart, and includes tests of the blood and sense organs.
The doctor correlates the patient's previous health history with
present findings in the medical history and physical examination,
plus recommendation for medical treatment.
8. Custodial-Correctional Officer — the Chief of the correctional
unit prepares the custodial officer's abstract which includes all
significant observations made by the correctional officers of the
inmate's behavior and interactions to various situations in the
dormitory, place of recreation, work assignments, etc. The report
includes the custodial officer's recommendations on transfer and
type of custody of the prisoner.
Admission Procedures
New prisoners are received either in the reception center or
in a prison and later to transfer to the center. The new prisoner usually
comes from a provincial or city jail where he is immediately committed
upon conviction by the court. He is transferred to the National Prison
escorted by guards of the committing jail. On arrival at the Reception
Center or prison, the following procedures are followed:
1. Checking of commitment papers if they are in order - A
commitment paper is in order if it bears the signature of the judge,
or if it has the signature of the Clerk of Court and seal of the court.
The next step is to establish the identity of the prisoner in order to
be sure that the person being committed is the same person
named in the commitment order. The identity is established
through the picture and the fingerprint of the prisoner appearing
on the commitment order.
2. Searching the Prisoner – after the commitment papers are
checked and the identity of the prisoner established, the new
prisoner is "frisked" and his personal things searched. Weapons
and other items of contraband are confiscated and deposited with
the property custodian. Money, watches, rings and other pieces of
jewelry are deposited with the trust fund officer under proper
recordings and receipts.
3. Issuance of Clothes and Equipment - from the receiving office,
the new prisoner goes to the supply room where he receives his
prison uniform, mosquito net and beddings.
4. Assignment to Quarters - after the prisoner is issued his
clothing’s and beddings, he is sent to the quarantine unit. The
quarantine may be a unit of the prison or a section of the
Reception Center.
5. The Quarantine Unit - The new prisoner spends from 7 to 10
days in the quarantine unit. During this period he is given
thorough physical examination including blood test, x-rays,
inoculations and vaccinations. One purpose of the quarantine is to
insure that the prisoner is not suffering from any contagious
disease. The results of the examination are submitted to the Chief
of the Center in written form. This report forms part of the
diagnostic record of the prisoner.
Orientation Procedures
 The initial contacts of the prisoner with the Center are very
meaningful. The first impressions received by him may affect his entire
institutional adjustment.
The orientation of the prisoners takes place within the first
few days in the Center. It consists of giving them a booklet of rules and
regulations and explaining the rules to them; conducting group
meetings of Center inmates to explain the purposes of the treatment
programs; holding sessions with the Chief and individual members of
the Center staff to explain the basic purpose of the Center and what the
inmates should do in order to profit from their experiences.
Testing Programs
In order that-each staff member can profit from psy-
chological test results, group testing of inmates should be scheduled one
or-two weeks after arrival. Psychiatric-examinations should also be
given early during the stay of the inmate because the psychiatric
analysis of the personality of the inmate is very valuable to the rest of
the staff.
Program Activities
After undergoing quarantine and orientation, the inmate is
ready to go into a regularly scheduled program which will continue until
his last day in the Center. Some of these activities are as follows:
1. Educational Program — the inmate attends literacy and citizenship
classes and group therapy sessions. The objectives of the educational
classes in the Center are to determine the educational possibilities of
the inmate which may be pursued or encouraged in prison, and to
encourage, through group sessions, the individual to talk out his
problems, to lend him to recognize desirable goals and ways of attaining
them.
2.Vocational Program — the inmate is given on-the-job training and
observation to determine his vocational interests and abilities and to
determine his attitude toward work.
3.Physical Training and Recreation — this program is aimed at
building the morale as well as helping maintains the well-being of the
prisoners. Also, it affords an opportunity for supervisors to observe
how the inmate reacts to various situations /which are very revealing of
the personality of the prisoner.
4.Staff Interviews — it is desirable that all members of the staff
interview every inmate on whom they are required to render a report.
Each staff member should plan his interviews so that his questions are
pointed toward securing the information which will help him analyze
the phase of the study for which he is responsible. Each report should
give indication of the staff member's impression of the personality of
the inmates.
The Staff Conference
When the prisoner is through with all tests, interviews and
examinations, he is ready "for the staff conference, sometimes called
"guidance conference or "case conference". The- inmate appears before
the Center's staff in conference to plan out with: him his -tentative
program of treatment and training. Every member of the staff gives an
oral summary of his findings and his recommendation on what to do
with the prisoner pertaining to his field. For example, the vocational
counselor informs the body of what vocational tests given him, and the
counselor's recommendation on what job training is appropriate for the
prisoner to learn in prison. After every staff has-given his report the
body votes on what-program of activities the prisoner should undergo,
including institutional training, recreational program, religious
program-medical and psychiatric services and social service.
The Admission Summary
The written reports submitted by the staff, of the center
regarding their findings on-the prisoners are compiled, and form the
admission summary: The admission summary-.becomes the, nucleus of
the cumulative case history of the prisoner. The admission summary
consists of the following:
1. An account of the legal aspects of the case. In addition to citations
from the summaries of the reports, of law enforcement, judicial,
and other officials, this may contain an explanation by the inmate
of how he got into trouble;
2. A summary of the man's earlier criminal history. If he has
previously been in a juvenile or an adult correctional institution,
reports from these places contain information regarding his
program therein and related facts about his attitudes and
behavior;
3. Social history, or the man's biography as a person, based upon the
probation report or field investigation, staff interviews, tests,
examinations, and other staff observations. This may also be
provided or amplified by his family or friends, former employers,
and others who may assist through interviews or answers to
questionnaires;
4. Physical condition;
5. Vocational interests, competence and experience;
6. Educational status;
7. Religious background and interest;
8. Recreational interest;
9. Psychological characteristics evaluated by the psychiatrist and the
psychologist;
10. Behavior in the Reception Center, reported by the custodial staff;
11. Initial reaction to group psychotherapy or group counseling or
other forms of treatment.
From the above interview and counseling situations, data are
obtained from the inmate's standpoint, that is, the man's own story, as
well as from other persons. The admission summary becomes a
practical document when the final page is devoted to a listing of
recommendations in the above areas of diagnostic study for the
inmate's institutional and parole program.
Most correctional systems have found it advisable to prepare
a master stencil of the admission summary from which additional
copies may be made through a duplicating process. Copies are required
not only for the classification committee but also after the reception
period for the central office of the prison system, and still later for the
parole agency. Requests for copies of the case history may also come
from other institutions or appropriate community agencies.
Usually the cover page of the admission summary contains
the summary of recommendations of the Center in the above eleven
areas of diagnostic study for the inmate's institutional and parole
program.
The admission summary is prepared in at least three copies,
and distributed as follows: one copy goes with the prisoner whichever
prison he is confined; one copy goes to the Central record system of the
Bureau; and one copy remains with the Reception and Diagnostic
Center. The admission summary is used by the Classification committee
as guide in carrying out the rehabilitation program of the prisoner in
the operating institution; and by the parole office as guide in parole
program planning and parole supervision.
:.
Transfer Out of the Center
When the admission summary is completed, it is forwarded
to the Director of Prisons for approval of the tentative program
prepared for the prisoner, after which the prisoner is then transferred
to the operating institution.
Interpretation to the Prisoner
Just prior to transfer the inmates should be interviewed,
either individually or in groups. This interview should make clear to the
individual some of the reasons why he is being transferred to a
particular institution and what will be expected to him there. The
essential findings of the center, as well as the recommendations made
for his program, should be interpreted to the inmate. He should,
however, be made to realize that there may have to be some changes in
his program. For example, occasionally his assignment to an activity in
which he is interested may have to be postponed owing to lack of
facilities in the institution.
The final interview is much more effective when it is done on
an individual basis. In spite of the time required, this should, if possible,
be done. Through the individual interview, the man may get a much
clearer picture of what the reception center has found out in his case
and be helped to recognize his own responsibility for making a
satisfactory adjustment in preparation for release. In some correctional
systems, the interview with the individual to discuss the findings of the
reception center in his case is carried out at the time of initial
classification in the transfer institution.
The Operating Institution
The prisoner is transferred from the Reception and
Diagnostic Center to the operating institution with a tentative plan of
treatment already prepared. The treatment plan is contained in the
Admission Summary which is sent to the Classification and Treatment
Division of the prison for implementation. On his arrival in the opera-
ting institution, the prisoner goes to the General Service or Orientation
Unit where he is temporarily quartered pending his permanent
residence assignment by the Classification Board. The stay of the
prisoner in the general service unit is a sort of orientation period for
him. He is given lectures on the rules and regulations; and he is assigned
to different work projects to afford him various experiences which will
guide him in the choice of a permanent vocational program.
The Classification Committee
 Every prison or correctional institution has a classification
committee which carries out the treatment and training plan of the
prisoner. The committee is composed of the following:
The Warden or Superintendent – Chairman
Deputy Warden for Custody - Asst. Chairman
Deputy Warden for Classification and Treatment – Member
Production Manager – Member
Chief, Medical Services – Member
Chaplain – Member
Psychologists or Psychiatrist - Member
The personnel of the Classification Committee, as may be
noted above, are the division heads and specialists who are primarily
concerned with diagnosis, training, treatment and custody of inmates.
The Admission Classification Meeting
The purpose of the admission classification, sometimes called
initial classification meeting is to plan a program for and with the
inmate, which will be realistically directed toward his rehabilitation.
The admission classification meeting takes place shortly after the
inmate's transfer to the institution from the Reception Center. A
member of the Committee, usually the caseworker summarizes the
diagnostic material, which is the Admission Summary, prepared by the
Reception Center, and presents the important factors to be considered
in program planning. Usually the prisoner; appears before the
Committee so he can be available for interview and consultation
regarding major decisions to be made by the Classification Committee
on his assignments. The Committee decisions cover, all-important
phases of the inmates’ life in the institution. The principal decisions are
as follows:
1. Custody classification - this usually determines the type of
supervision and the type of restriction under which an
inmate live
2. Housing - inside or outside cell, squad room, or dormitory
3. Transfer - does the prisoner properly belong to this
institution or is there another institution in the system where
he would be suitably confined?
4. Medical and Psychiatric treatment
5. Occupational or vocational training assignment.
8. General education program
9. Casework and social services.
10. Religious and recreational recommendations.
The Classification Committee considers and reaches at least
tentative agreements on the profile and traits of the prisoner with
which institutional personnel who are to supervise him should be
familiarized. A summary of this information and suggestion and
precautions as to his supervisions is often furnished the personnel who
will be in regular contact with him on the job, in quarters, in the
recreation program, school, or in other areas of institutional life.
Reclassification
The prisoner appears before the Classification Committee
periodically after his initial classification to keep current his treatment
and training program. Human personality and behavior are constantly
changing and it is essential that the inmate's program be
correspondingly adjusted in accordance with his changing needs. The
Classification committee, through constant reclassification of the
prisoner, attempts to maintain continuity and integration of the various
institutional services. Reclassification is necessary to assure that
individual needs are not overlooked, and it must continue from the time
of admission classification until the inmate is released.
The Cumulative Case Summary
In pursuing the individualized or casework method of
carrying out the treatment program of the prisoners, it is essential that
a cumulative summary be maintained for each individual. The inmate's
cumulative summary starts from the admission report and submitted by
department heads of the prisoner's adjustment to his assignments.
Every significant change of status or program concerning the prisoner is
entered in the cumulative case summary. This record serves as the basis
for determining the prisoner's fitness for release on parole.
Classification Procedures Immediately
Prior to Parole or Release - When the prisoner has already
served the minimum or a considerable portion of his sentence and that
his records show successful adjustment to his treatment program, he is
scheduled to appear before the classification committee for pre-parole
interview. The purpose of this meeting is to enable the Committee to
evaluate the inmate's readiness for parole and to plan out with him his
program on parole. It may turn out that the inmate at this time is not yet
ready for parole, in which case the Board sets another date for the next
pre-parole interview. If the inmate's case is favorable, the committee
then prepares the pre-parole report and recommends him to the Board
of Pardons & Parole for release on parole. The pre-parole report is
sometimes called the pre-releases progress report. This report outlines
the treatment program of the parolee. Certain rather specific
suggestions may be made in regard to the inmate's remaining weeks or
months in the prison. Special emphasis will be given on his program
thereafter when he; leaves the institution on parole.
The Pre-Release treatment - Prerelease treatment is
defined as the program specifically planned to prepare the offender,
during a limited period prior to his release on parole. Pre-release
treatment deals specifically with the transition from artificial,
regimented group life to normal, independent life of the free individual
and with the problems which this transition entails. The end of the
prison term should not only be in sight but rather close at hand before
such treatment begins, otherwise, the psychological stress of prolonged
expectation would defeat the purpose of the pre-release treatment. The
very realization that he is soon to be released may restore a greater
measure of hope the prisoner than he has had since he was sentenced,
particularly if he has been deprived of liberty for a long time.
Some of the special pre-release programs now used in
various countries include:
1. Special information sessions on matters which will be important
to the prisoner on his return to the community, such as parole
conditions and employment opportunities.
2. Granting a greater freedom inside the institution which may take
the form of letting the offender wear his own civilian clothes:
lodging him in a separate quarters of the prison, possibly in a room
of his own; and giving him an opportunity to determine his leisure
activities and communicate more freely with the outside world;
and generally subjecting him to less supervision.
3. Group and individual counseling which may assist him in orienting
himself and alleviating his worries;
4. Transfer from a closed to an open institution or to a pre-release
camp which, by providing a minimum degree of supervision,
enables the prisoner to realize the trust placed in him and to live
under conditions which are considerably closer to normal life:
5. Pre-release leaves for a few hours a day or even several days to
obtain necessary documents; to find living quarters; to be
interviewed by potential employers; to visit family; and for any
other purpose which may be reasonably considered valuable for
the future re-adaptation of the prisoner.
6. Leave for work, which allows the offender to be employed in the
community, provided he returns to the institution at night.
THE CORRECTIONAL TREATMENT PROGRAMS
Goals of the Treatment Programs
Institutional programs consisted mainly of custody and
some work. As the philosophy concerning causes of crime changed, the
corresponding concepts and objectives of institutional programs also
changed. Modern thinking indicates that the prison today should be
geared to protect society, and also, to rehabilitate the offender. This is
long-range rehabilitation because if we succeed we will be sending the
offender back to the community as useful, law-abiding citizens for the
rest 6f his life. It is therefore, the responsibility of the institution, in
rehabilitating the offender, to constantly strive to change and improve
the prisoner's attitude. To rehabilitate the prisoner mainly by changing
attitudes is the main goal of the treatment program.
Treatment services- are geared toward improving an
offender's attitudes and philosophy in life. We use education very
basically and very widely as a rehabilitation cornerstone. Various types
of education whether they are academic, vocational or commercial, play
very important roles in the formation of attitudes and character. We use
religious services and counseling in prison for the very same reason.
Recreation and leisure time programs are very instrumental also in the
treatment process, as they contribute to good physical and mental
health and in many ways are connected with the teaching process. Work
is still a main treatment tool and should be considered as an integral
part of any treatment program. Other services such as medical care,
individual and group counseling as well as visits and correspondence,
are parts of treatment and each, in its own way, contributes to the over-
all treatment process.
The entire process needs individualization whenever and
wherever possible. Individualized treatment, in turn, depends upon a
sound workable classification system. Without treatment, we would
only be containing people and protecting society for a short period of
time, but with treatment, the proper type for each person’s attitudes are
being changed daily, and men restored to society.
The United Nations "Standard Minimum Rules for the
Treatment of Prisoners provide:
"The treatment of persons sentenced to imprisonment or a
similar measure shall have as its purpose so far as the length of
 the sentence permits, to establish in them the will to lead law-
abiding and self-supporting lives after their release and to fit
them to do so. The treatment shall be such as will encourage
their self-respect and develop their sense of responsibility.
"To these ends, all appropriate means shall be used, including
religious care, in the countries where this is possible, education,
vocational guidance and training, social casework,
employment counseling, physical development and
strengthening of moral character, in accordance with the
individual needs of each prisoner, taking account of his social
and criminal history, his physical and mental capacities and
aptitudes, hi personal temperament, the length of his sentence
and his prospects after release.
“For every prisoner with a sentence of suitable length, the
director shall receive, as soon as possible after his admission,
full reports on all the matters referred to in the foregoing
paragraph. Such reports shall always include report by a
medical officer, regarding the physical and mental condition of
the prisoner.
"The reports and other relevant documents shall be placed in
an individual file. This file shall be kept up to date and
classified in such a way that it can be consulted by the
responsible personnel whenever the need arises."
Employment of Prisoners
Prison labor was originally intended to be punitive. It was
imposed on the offender as a penalty to be suffered by him in addition
to imprisonment. Thus, the early forms of prison labor were 'not
constructive. Such work as carrying stones from one corner of the yard
to the other, and digging a big well and filling it up again, were
commonly employed to punish prisoners. Later, prison labor was
intended to reduce the cost of maintenance of the institution.
The Pennsylvania- system, with its solitary confinement arid
handicraft inside the cells, and the Auburn ' system' with its congregate
shops, brought about a realization that prisoners should work for profit.
The Auburn system triumphed over the Pennsylvania system because
the former proved that prisoners could be more profitably employed in
congregate shops than in solitary confinement.
In the United States there emerged six systems of prison
labor, aside from agriculture. Of the six, three were public labor systems
and three were private labor systems. In the public labor system the
state retained the control of the maintenance and discipline of
prisoners, the employment of prisoners and the sale of the products. In
the private system, however, private interests controlled at least one of
them.
The six systems of prison labor are:
1. Lease System - The state turns the prisoners over to a private
lease. The latter feeds clothes, guards, and houses and disciplines
the prisoners. This system prevailed in the southern states of the
United States. These systems no longer exist.
2. Contract System - The state, under this system, retains control of
the prisoner and the contractor merely engages with the state for
the labor of the inmates, which is performed within or near the
prison. The contractor supplies the raw material and supervises
the work and pays the institution the stipulated amount for the
services of the prisoners. This system no longer exists too.
3. Price-Piece System - Under this system the contractor supplies
the raw materials and pays the state a determined amount for the
work done on each article produced. The institution retains
control of the inmates including the daily quantity of work
required. This system has also been abolished.
4. Public Account System - In the Public Account System, the state
buys the raw material, manufactures and sells the products and
assumes all the risks of conducting a manufacturing business.
Today, prison-made products cannot be sold in the open market.
5. State-Use System - Under this system, the state conducts the
manufacture of the article but the use of the article is limited to
state owned institutions. The principle of the system is that the
state produces articles or merchandise for its own consumption
alone and in the process, affords the prisoner opportunities to
train for a vocation.
6. Public Works and Ways System — Prison labor is used in the
construction and repair of public buildings, roads, bridges, flood
control, reforestation, clearing land, preventing soil erosion, etc.
The system does not involve the application of prison labor to the
production of consumption goods.
Today, there is a general acceptance of the principle that
prisoners should work. The work program of the institution develops
the morale and maintains discipline among the prisoners. They
contribute to effective security of the institution and its population for
they are particularly useful in reducing tensions and misconduct. The
remark made by a prison warden several years ago that “idleness is the
workshop of the devil" still holds true. A work program that is wisely
planned and competently administered minimizes the danger of
disturbances and risks that threaten life and property. In view of these
facts, it is difficult to understand why those who are concerned with the
problem of running prisons are not vitally concerned with the problem
of idleness and some ways of overcoming it
The employment of prisoner has other values. Inmates who
work contribute to their own support and it hereby reduces the tax
burden on the free citizens who are required to bear the expense of
maintaining penal institutions.
Work not only lessens the boredom of intuitional life; but
also is; a means whereby many inmates maintain or regain, their self-
respect.
Penologists and prison administrators believe that the
principal value of employment is in the opportunities it provides for
developing and reviving skills and work habits, which are instrumental
in the rehabilitation of inmates and in then-successful occupational
adjustment in free society. Greater emphasis should therefore be given
on the necessity for developing diversified types of work activity, par-
ticularly vocational and on-the-job training. The employment program,
in order that it is genuinely constructive, must be planned and
conducted as an integral part of the institution's total treatment
program. It must be operated in close and continuing liaison with the
other integral phases of the correctional process. Reasonable incentive
in time credits and a wage should be provided in order to encourage the
prisoners to derive the benefits from participation in the employment
program.
The employment assignments of prisoners may be
classified into five general groups:
1. Unassignable or available for limited employment only - such as
the new arrivals in quarantine; prisoners who are nearly ready to
leave the institution, either on parole or at expiration of sentence
and have been taken off their jobs so that they can participate in
the institution's pre-release program; prisoners awaiting transfer
to other institutions; prisoners who are in disciplinary status or
are segregated for other reasons: and hospital patients and that
portion of the prison population which may well be designated
"unemployable", including chronically ill and infirm prisoners, and
also those inmates with mental or emotional disabilities.
2. Educational assignments - including general education,
vocational training physical education.
3. Maintenance assignments - involving the use of-labor in
activities relating to the care of prisoners and upkeep of the
institution properties.
4. Agricultural activities - planned to supply as much of the food
requirements of the prison as possible while furnishing training
and employment to inmates adapted to this type of work.
5. Industrial employment - necessary for those who cannot be
absorbed to the preceding forms of activities, which will benefit
through industries, can contribute towards a reduction in the cost
operating the institution of the state.
Religious Services
The importance of the religious programs in prison cannot be
over-estimated. Some penal administrators hold the view that the
chaplain is the most important person in the rehabilitative set-up, of a
correctional institution. It is the chaplain who points to the prisoners
their relationship to God and their fellowmen, and who by work and
example, leads them most effectively toward complete rehabilitation.
Men and nations have found that they cannot live without the guiding,
sustaining and inspiring power of religion. If this is true of people in
normal society, it is doubly true of men who are confined in correctional
institutions.
Functions of the Chaplain in a Prison
The chaplain in a correctional institution performs the
following functions:
1. Conduct of sacramental ministry — this includes the religious
services conducted regularly and the special services connected
with the administration of baptism, confession, communion, etc.
Religious worship is a central and indispensable part of all great
religions with the primary functions of keeping man in proper
relationship’ with God arid guaranteeing peace’ of soul and
happiness. In prisons and jails, it has an important secondary
function because of the beauty and dignity it introduces into the
 lives of prisoners, being amid surroundings of drabness and
monotony.
2. Conduct religious instructions - This includes preaching in the
pulpit, classes in the fundamentals of religion, in the bible and the
fundamental truths of the various denominations. Choir
organization and training and advanced religious training for
special groups are important phases of the chaplain's work with
the prisoners.
3. Conduct of a private and personal counseling ministry — this
includes interviews in his own, and visiting the men in the
hospital, psychiatric ward, punishment cells, etc. It is in private
counseling that the chaplain tries to inculcate the great lessons,
which will lead to repentance, and the change of heart so
necessary for rehabilitation. It is a known fact that a chaplain of
whatever denomination enjoys the confidence of prisoners in a
degree possessed by no official of the institution. The chaplain
tries to use this confidence to promote the best interest of the
individual and of the institution.
4. Ministry to inmate’s families and related or concerned
persons – many of the tensions in a prison come from worry on
the part of prisoners that they are being forgotten by persons on
the outside. A large portion of the chaplain’s time will be taken up
with these problems. It is almost impossible for a man who is
intensely occupied and emotionally concerned with friends and
relatives on the outside, or who is neglected by them, to consider
his own character adequately and to take steps to improve it. The
chaplain’s concern for the character development of the men in his
charge will inevitably lead him to reduce these outside obstacles to
the minimum.
5. Ministerial service to the staff and the operational personnel
– just as the prison chaplain strives to act as a pastor, guide and
counselor to the inmates, he will willingly and conscientiously
fulfill the same office towards those who work with him in the
institution.
6. Interpretation ministry to the community – the chaplain is
position to perform an interpretative ministry to the community.
Religious organizations brought about the first reforms. By their
efforts, prisons were changed from places of torture to places of
rehabilitation and reformation. It is a definite part of a chaplain’s
duty to explain the purposes of modern correctional
administration to the community at large in order to enlist their
whole-hearted cooperation in the objectives of present-day
correctional procedures.
Administrative Responsibilities of the Chaplain
Aside from the pastoral functions of the chaplain, he
performs certain administrative jobs. As a member of the diagnostic
staff of the institution, the chaplain conducts initial religious interviews
with written evaluation of every prisoner. He is an indispensable
member of the classification committee. It is not desirable that the
chaplain be a member of the disciplinary board.
It has been found helpful in many cases for the chaplain to
submit in writing to the parole board his evaluation of the individual
members of his congregation. The report will bear mainly on the
prisoner’s activities in his religious program, but there is no reason why
he should not call attention to other factors such as change of attitude
and improved institutional adjustment generally.
Another important work of the chaplain is the ministration of
the sick. He should make arrangements with the chief of the hospital to
be notified immediately if one of his patients is laced on the critical list.
Frequent visits to the hospital will keep him in touch with men who
need his assistance.
The Educational Programs
The educational program of a correctional institution is one
of the most important phases of the treatment and training of prisoners.
There is no common plan of education for all institutions. In a
reformatory type of institution, where education is primarily
compulsory, the paramount emphasis is on vocation training. In
institutions for young offenders there is need for academic education at
all grade levels.
A sound correctional education program, irrespective of a
type of penal institution, should attempt to achieve the following goals:
1. To offer an inmate sufficient academic education to enable him to
face the need of the world as a better equipped person;
2. To provide vocational training so that he might take his proper
place in society and be economically free; and
3. To offer cultural and hobby activities that will enable him not only
to be better adjusted to his prison circumstances but to broaden
his area of interests and cultivate aptitudes looking forward to his
return to civilian life.
General and Academic Education – In the Philippines about
60 % of men committed to prison are functionally illiterate, that is, they
test below the 5th grade on standardized achievement tests. In United
States prisons, the rate of illiterates is 10%. The eradication of illiteracy
among prisoners is one of the best contributions that the correctional
system can offer to society. Tangible results are most easily seen in this
area although it is one of the most difficult problems confronting
educators. For lack of appropriation to employ civilian teachers, inmates
are usually hired to teach in prison schools. It is as well desirable as in
public schools that fully qualified teachers in primary grades in prison
should be hired. Every illiterate should attend literacy classes until he
becomes literate.
The intermediate level, which includes the fifth and sixth
grades, composes about 25% of prison admission. The educational
needs for this level will attempt to provide a better command of the
tools for more intelligent prisoners. The intermediate education
program will prepare them high school education.
The academic or high school level composes 10% to 15% all
admission. Courses for high school credit should be offered to be staffed
by fully qualified teachers, and the program of the studies should fully
meet standards. Students attending high school classes should be well
selected, so that only those who are willing and able to achieve
academic goals should be allowed to pursue the program.
Vocational Education- a large portion of the prison
population needs more training and experience in the essential of
earning a living. A well-designed program of vocational education may
contribute to the socialization of the prisoner as well as to development
of trade skills and knowledge.
The vocational training program of a prison should have the
following objectives:
a. The development of skills necessary for successful work in a
socially acceptable occupation.
b. Opportunities for teaching related trade information including
blueprint reading, trade science, trade mathematics, occupational
information, drafting and sketching and safety education.
c. Exploratory shop work to help certain prisoners discover their
aptitudes and interests.
d. Assistance to those with limited capacities to become better
equipped to meet the problems of semi-skilled workers in
technological age.
e. Training for long-term inmates so that they may be more useful
and happier in institution assignments.
The vocational education program is usually geared to
institutional maintenance work and the prison industries projects.
Institution maintenance aims at the efficient operation maintenance of
the prison and the utilization in every possible way of maintenance
work to provide on the job training to prisoners.
The prison industries projects, in order to contribute fully to
the vocational training of prisoners, should follow a policy of requiring
the pre-service and on-the-job training of employees. For prisoners,
exploratory and preliminary training should be done in the vocational
training shop with the systematic flow of trainees, through the
classification or assignment committee, into appropriate prison
industries.
The Philippine Prison System offers several vocational
courses for prisoners, among which are radio mechanics, auto-
mechanics, horticulture, shoemaking, tailoring, carpentry, hollow block
making, poultry and piggery raising and electronics.
The Recreational Programs
Recreational programs in prison are an important part of the
rehabilitation program. A good prison administrator should provide
wholesome, healthy activities for men confined in his institution. Many
penal institutions are limited in this respect due to lack of facilities,
limited funds, or absence of a well-rounded program for the inmate
population.
The objectives of the recreational program are the following:
1. To provide an environment that will be conducive to the best
mental and physical development of the inmate.
2. To help the prisoners to become aware of their individual
conditions and to provide a method of improvement.
 3. The development of proper attitudes and conduct necessary
for cooperative competition.
4. To arouse the interest of the prisoners in the recreational
program to the extent that they will continue this kind of
activity after their release. This has proven to be a good
morale booster and an excellent asset to the prisoners on
parole.
Usually the recreation period is conducted during “free time”
schedule, affording opportunity for each man to decide for himself
whether or not he desires to participate on a voluntary basis. If the
inmate does not volunteer or usually join in the sports activity he is
probably the passive type and will always be a spectator. This is the
inmate who needs encouragement. A properly organized program could
be the medium of releasing the stored up tensions of the timid,
withdrawn types of individual.
The recreation program should be designed to meet the
needs and interest of all inmates. There should be provision for active,
competitive sports and strenuous activities for benefit of the physically
fit. For those who, for one reason or another, are physically
incapacitated, non-participating forms of recreation should be made
available. Each prisoner should be able to find something of interest in
the program. However, he should not be forced into any activity for then
it would cease to be recreation.
A well- rounded recreation program includes the following
activities:
1. Sports athletics - A wide variety of physical activities are suitable
for use in the recreation program. The program in sports and
athletics is composed of several groups such as:
a. Individual and Dual Sports - The individual sports can be
carried on with satisfaction by a single individual. Included in
this group are bowling, swimming, driving, weightlifting, track
and field, and gymnastic. Dual sports require two individuals
to make playing possible. Examples are badminton, handball,
lawn bowling, paddle tennis, etc.
b. Team sports - Team sports involve participation by four or
more persons on one team. The individual cannot participate
without the acceptance and cooperation of his teammates and
opponents. Included in this group are baseball, basketball,
volleyball, football, etc. Participation in team sports
strengthens the individual’s ties to proper and accepted
conduct in-group and social living activities. It develops good
character citizenship and it assimilates social and cultural
differences. Also, in team sports there are many opportunities
for people to learn desirable habits and attitudes, to develop
emotional maturity, restraint and tolerance and to strengthen
personality traits, which are important in the individual
adjustment to everyday living. Prisoners should be given
ample opportunities and encouragement to play informally by
choosing their own teammates and organizing informal
competition in basketball, volleyball, softball, and similar
sports. There should be intramural competitions, and if
possible the prison team should be allowed to play against
outside teams.
c. Combat sports such as boxing and wrestling will 'provide
opportunities for some prisoners to develop courage and
initiative, to practice individual action and reaction under
emotional stress, to develop emotional control and maturity
and to develop respect for the emotional feelings of others.
2. Arts and Crafts - Arts and crafts should be an integral part of the
recreational program. The fields of arts and crafts serve as outlet
for human expression and serve as a form of release for the
abnormally inherent desire to create. Among the arts and. crafts to
be included in the program are basketry, bead craft, pottery,
sculpture, toy making, weaving, woodcraft and others.
3. Music - Under the direction of a competent music instructor, many
opportunities for musical expression and appreciation can be
provided such as the orchestra, jazz band, combo band, vocal
groups, choir and glee clubs. The inmate musical groups can be
made to perform, not only before the prison population but also to
visiting groups who come to prison. They can be made to play
during ball games, Christmas and other holiday activities.
Arrangements can also be made with outside artists to entertain
the prison population.
4. Drama and literary activities – There are many talents in the
prison population that, if interest is stimulated, could start a
drama program. Much therapeutic value can be derived from such
a program. This is likewise true with literary activities.
5. Special Events – As means of breaking the monotony of prison life
various patriotic and festival days throughout the year should be
appropriately recognized. Special programs could be prepared for
any of the following occasions: New Year’s Day, Independence Day,
Quezon Day, Rizal Day, etc.
6. Social Games - Social games such as checkers, Chinese checkers,
chess, dominoes, jigsaw puzzles, ping-pong, can be introduced in
the recreation halls of dormitories.
7. Club Activities - Club activities among prisoners should be
encouraged in order to develop their initiative, learn to accept
responsibilities, improve their education and keep abreast with
what is going on in the community.
8. Motion pictures, Radio and Television - Motion pictures, radio
and television program should be selected in order to get the type
of program that is of interest to the prisoners. Radio and television
bring the men in prison in close contact with the outside world,
which is invaluable in preparing them for release.
The Library
Services
The prison library plays an important role in the
improvement of prisoners in the practical and cultural aspects of social
living. The good library either in prison or in the outside community,
means a collection of books and periodicals sufficiently complete and
well-rounded to meet, within reason, the many and varied needs and
interests of the community it serves.
The objectives of the prison library are as follows:
1. To share with other divisions of the prison, responsibilities or
useful social and vocational training of the prison population.
2. To develop among prisoners realization of the usefulness of
libraries in:
a. Providing vocational information about choice of
trades and chosen trades.
b. Enlarging social and reassessing backgrounds.
c. Developing reading as a satisfying leisure-time
activity.
d. Preparing by self-improvement, for release and
post-prison life.
3. To provide guidance, counseling and planned reading
courses, informal adult education for all prisoners capable of
sustaining reading in any useful field.
4. To lessen need for discipline and to institute measures of
mental hygiene by providing reading as a salutary release
from emotional strain; as a healthy resources of idle hours,
and as a positive aid, in substituting acceptable new interests
for undesirable attitude.
The Health and Medical
Services
There has been a growing awareness of the state’s
responsibilities for the prisoner's health. Most citizens also
appreciate the fact that the prisoner’s’ chances of success on release
are increased if he is not handicapped by poor health or disabilities.
The Manual of Correctional Standards published by the American
Correctional Association prescribes that every correctional
institution having a population of 1500 men should have an
adequately staffed medical department that takes charge of the
health, medical and dental services. The medical staff should be
divided into three services or departments: (a) Medicine and surgery,
(b) Psychiatry, and (c) Dentistry.
The medical and health requirements of a prisoner include
mental and physical examinations; observations, diagnosis and
treatment of patients; immunization and protection of the inmate
population as well as the staff against hazards; visiting prisoners in
segregation sections; sanitary inspections, consultations with
culinary and other officials; and participation in training,
classification, disciplinary and other programs.
Sound correctional practices require complete physical and
medical examination of every prisoner on his admission to prison
and also on his release.
The United Nations Standard Minimum Rules
For the treatment of prisoners requires that sick prisoners
requiring specialist treatment shall be transferred to a specialized
institution or to a civil hospital. Also, women’s pre-natal care and
treatment should be referred to civil hospital.
 “At every institution there shall be available the services of at
least one qualified medical officer who should have some
knowledge of psychiatry. The medical services should be
organized in close relationship to the general health adminis-
tration 'of the community or nation. They shall include a
psychiatric service for the diagnosis, and in proper cases, the
treatment of states of mental abnormality.”
“Sick prisoners who require a specialist treatment shall be
transferred to specialized institutions or to civil hospitals,
where hospital facilities are provided in an institution, their
equipment, furnishing and pharmaceutical supplies shall be
proper for the medical care and treatment of sick prisoners,
and there shall be a staff of suitably trained officer.”
“The services of a qualified dental officer shall be available to
every prisoner.”
“In women's institutions there shall be special
accommodation for all necessary pre-natal care and
treatment. Arrangements shall be made wherever practicable
for children to be born in prison. This fact shall not be
mentioned in the birth certificate”
“Where nursing infants are allowed to remain in the
institution with their mothers, provision shall be' made for a
nursery' staffed by qualified persons, where the infants shall
be placed when they are not in the care of their mothers.”
“The medical officer shall see and examine every prisoner as
soon 'as possible after his admission and, thereafter as
necessary, with a view particularly to the discovery of physical
or mental illness and the taking of all necessary measures the
segregation of prisoners suspected of infections contagious
conditions; the noting of physical or mental defects which
might hamper rehabilitation; and the determination of the
physical capacity, of every prisoner for work.”
“The medical officer shall have the care of the physical and
mental health of the prisoner and should daily see all sick
prisoners, all who complain of illness, and prisoners to whom
his attention it is especially directed. The medical officer shall
report to the director whenever he considers that a prisoner’s
physical or mental health has been or will injuriously be
affected by continued imprisonment or by any condition of
imprisonment”
“The medical officer shall regularly inspect and advise the
director upon the quality, quantity, preparation and service of
food; the hygiene and cleanliness of the institution and the
prisoners; the sanitation heating, lighting and ventilation of
the institution; the suitability and cleanliness of the prisoner's
clothing and bedding; the observance of the rules concerning
physical education and sports, in cases where there is no
technical personnel in charge of these activities”
PRISON CUSTODY, SECURITY, AND DISCIPLINE
Concept of custody and security
One of the important phases of prison management is the
custody and control of prisoners. The rehabilitation program in prison
cannot be carried out if prisoners are not effectively controlled. The
primary objective of the prison program is security but it is not the
ultimate goal. The rehabilitation of prisoners, which is the ultimate goal
of imprisonment, can be attained if the necessary structure, personnel
and methods, which provide for security, are present. Security aims at
the prevention of escapes, and control of contraband and maintenance
of good order. These objectives can be realized if custodial facilities
including buildings and equipment, walls, towers, gates, personnel and
methods relating to escapes, contraband and good order are given
proper attention.
Escapes of whatever nature alarm the public. Some escapes
are of the nature of "walk away" like the absconding of minimum-
security prisoners from their place of work or residential assignments
outside the walls. Surely this type of escape cannot be as alarming as
when the prisoner actually makes a break from his armed guard.
Contraband is anything found in the possession of the
prisoner contrary to rules and regulations. What constitutes contraband
in one institution may not be contraband in another institution.
Therefore, in view of the non-uniformity of the definition of contraband,
every institution should provide a rulebook where articles declared as
such are clearly listed.
Custody, Security and Control
The rehabilitation program of the institution cannot be
carried out if prisoners riot or cause disturbances. A well-rounded
correctional program, having for its aim the rehabilitation of the
prisoners must be correlated with arid into a system of sound custody,
security and control of prisoners. Some of the factors considered
essential in establishing sound custody, security and control of
prisoners are the following:
1. An adequate system of classification of prisoners – Careful
study, diagnosis and recommendations for treatment documented
into case histories give prison workers the knowledge they need to
handle inmates.
2. Inspection of Security Facilities – Regular formalized
inspections reinforced by constant observation of physical plant;
help assure its best use.
3. An Adequate System of Counting Inmates – There must be an
adequate system of counting inmates to make certain “all are
present and accounted for” at prescribed periods, day and night.
4. Control of Firearm – A plan for firearms control must be made,
specifying its purpose, use, safety precautions, proper inventory,
storage and standardization; all should be included in the plan for
all institutions.
5. Gas Control – A plan for gas control which specifies its purpose,
use, safety precautions, proper inventory, storage and
standardization must be made.
6. Control of Contraband – A plan for the control of contraband
defines such items and provides for their regulation.
7. Key Control - A plan for control of keys assures that all are
accounted for and under control of free personnel.
8. Tools and Equipment - A plan for control of those tools and
equipment items that pose a threat to persons or to the physical
security of the plant must be developed.
9. Job Analysis - A comprehensive and up-to-date job analysis for all
posts aids employees in understanding their tasks.
10. Locking Devices – Proper locking devices must be kept in good
operating condition.
11. Proper Cell Equipment - Proper cell equipment should be
designed to minimize the necessity of permitting custodial risks to
leave their cells after lock-in.
12. Emergency Doors - Emergency doors must be provided into
housing and to the areas where prisoners are congregated.
13. Special Emergencies - Plans should be developed and be
available to place into effect for operation during special
emergencies: (a) riots (b) escape (c) firefighting (d) emergency
lighting and stand-by power, and (e) civil defense.
The best guaranty against riots, disturbances and escapes,
however, is in well-organized program of activities inside prison
designed to attain the reformation of prisoners. Penologists considered,
"Idleness is the workshop of the devil." A well-balanced program of
work, recreation and education will keep the prisoners busy and away
from mischief: On the other hand, if prisoners are idle or are treated
inhumanely they will surely escape or create disturbances.
Inspection of Security Facilities - All security facilities such
as doors, bars, windows and locks should be examined at least once a
week to insure that they are in good condition. Custodial officers as well
as other employees of the institution should be trained to observe signs
of deterioration in the security system: arid to report immediately any
weakness in the system.
Counting Inmates - Prisoners should be counted four times
a day or oftener. During change of shifts, guards on duty must be certain
that all prisoners are present and accounted for. In counting prisoners
at night, the guard should "see flesh and hear voice" before recording
them as present. The control room or master control must indicate
movements of prisoners, such as changes of residence or work assign-
ments, transfers to hospital and courts.
Firearm Control - There must be a written set of rules for
the control of firearms, which every correctional or custodial personnel
should know by heart. Carelessness on the part of the employees or
defects in the system of firearm control may result to violent deaths of
employees or prisoners. Employees should be taught hew to handle all
weapons they may be called upon to use. Members of the custodial force
should be required to qualify in marksmanship before entrance to duty
and every year thereafter. The armory should be located outside the
prisoners’ housing and activity area, and guns should not be carried
within close proximity of prisoners. The use of gas for quelling riots is
becoming popular, not only because it is effective but also because it is,
humane. The custodial force, therefore should know how and when to
use tear gas bombs or grenades.
Control of Keys - The keys to cells and dormitories should
never be entrusted to prisoners. The correctional officer on duty should
never enter the housing unit of prisoners with the keys hanging on his
belt. There must be proper accounting of all keys at all times.
Control of Tools - Tools when not in use should be hanged
on a shadow board. They should only be used by inmates within
enclosures or when under supervisions.
Locking Devices - Proper locking devices must be kept in
good operating' conditions. Individual door locks to cells must be
provided and the multiple locking devices to doors of individual cells
should only be used in cases of emergency such as fire or earthquake.
Inside the housing unit, there should be a grill, cage or sally port the -
purpose of which is to provide a place for officers to go into without
exposing themselves to assault in case of riots.
Special Emergencies - The prison should provide a standard
operating procedure for control of riots and for preventing fires and
escapes. There should be a master riot plan and this plan should often
be placed on the dry run. This should also be true with' prevention of
fires and escapes. Every penal institution should be provided with
emergency lighting stand-by power.
Prison Discipline
Discipline in prison is commonly thought of as a procedure
to prevent escapes, riots and disorders, and punishing those involved.
This is not all that discipline attempts to accomplish in a prison. The
main objective of prison discipline is to inculcate habits, attitudes and
values that will make the prisoner a peaceful and useful member of
society upon his release. Webster's dictionary defines discipline, thus:
Discipline: from the Latin, disce, to learn: discipulus, a disciple or
learner. Training, education, and instruction: the guidance and
government of conduct or practice punishment inflicted for the
purpose of correction and training.
Discipline has also been defined as a continuing state of good
order and behavior. It includes the maintenance of good standards of
work, sanitation, safety, education, personal health and recreation. It
insures that persons and groups go on time to their appointed place and
that they maintain standards of conduct which are necessary when
large number of people live and work together or in any community,
institution or otherwise. The ultimate hope of institutional discipline is
to develop self-reliance, self-control, self-respect, self-discipline not
merely the ability and the desire to conform to accepted standards for
individual and community life in a free society.
Elements of Prison Discipline
1. Morale - A high degree of morale within prison is the most
valuable aid to a good custodial program. Morale is the mental
condition of individuals or groups regarding courage, zeal, hope
and confidence in the present principles and way of life. Morale is
how people feel emotionally about their way of life and the
people with whom they live. Good personnel and a good
treatment program make for good inmate morale and self-
discipline, which aid in the maintaining of proper custody and
control. Good morale is not obtained by arbitrary rules of hard
work alone. It comes with the development of activities, which
provide for the inmate’s mental and physical needs, fair
treatment, and reasonable opportunity to use his time
constructively. It requires leadership and a balance program in
which work, training, recreation and other activities are carried
on with the common objective – the welfare and reformation of
the individual.
2. Custody and Control
 Custody is defined as guarding or penal safe-keeping. The
custodial force must be trained in custodial and security
measures, locking and counting routines, procedures for
searching prisoners and their living quarters, and prevention
of contraband. The prison guard whose duties were limited
to guarding inmates and maintaining discipline is now
regarded as key personnel of the institution. The fact that he
is most often in contact with the prisoner at work, in
quarters, and at school, places him in a position where he has
the greatest influence upon the prison.
 Control involves supervision of prisoners to insure punctual
and orderly movement to and from the dormitories, places of
work, church, hospitals, and recreational facilities, in
accordance with the daily schedules. Control does not mean
that all prisoners be under close superv1don at all times. The
use of passes and the establishment of gates and checkpoints
within the prison walls can likewise affect control.
3. Discipline the Concern of Every Prison Worker - Discipline is
not the responsibility of the custodial force alone but rather the
concern of every prison worker. The staff of the institution in all
phases of the institutional program, all of which in their special
ways are contributing to the general discipline of the prisoners,
accomplishes it. For example, the social worker contributes
towards discipline by pointing out to the prisoner his
responsibilities to his family and to the community, and showing
him how to fulfill them. Work foremen and treatment personnel
encourage and assist the prisoner to attain new goals, through
purposeful work activities and employment responsibilities.
4. Individualized Discipline - It is not enough that discipline be
consistent, reasonable, objective, firm and prompt. Since crime is
multi-causative, the techniques and services required in
correctional treatment including the administration of discipline,
must be correspondingly varied and, in terms of understanding
the inmate as a person.
5. Discipline must be considered on an individual basis - the
prisoner must be carefully studied. His social, psychological,
psychiatric data prior criminal history adjustment to his
institutional program and disciplinary history must be carefully
examined to see what kind of person he is, what can reasonably
be expected of him and what punishment or other treatment
methods will be most effective. Group disciplinary problems such
as gang conflicts, strikes and disturbances, should be dealt with
firmly and without hesitation or vacillation. The gang leaders or
agitators should be identified and segregated.
6. Preventive Discipline - discipline should not only be applied
after a breach of law, rule or regulation has been committed.
More effective perhaps is the application of discipline at its
preventive stage. Discipline applied after an offense has been
committed is negative discipline in the sense that in many cases
punishment does not deter. The positive approach is to work out
a program of preventive discipline, which involves prompt
correction of minor deviations before they become serious
violations. Minor violations if not intentionally committed should
be dealt with by the observing guard with a reprimand or
warning. Custodial officers should bear in mind that the certainty
of dealing with misbehavior in prison is more effective in the
control of prisoners than the severity of the punishment. In many
cases, correction or reinstruction of the inmate may be achieved
without .the necessity .of taking punitive action. Preventive
discipline may be used when the deviation is trivial, is due to
ignorance or lack, of understanding or the result of careless or
faulty habits. A friendly word of advice may suffice to cause a
prisoner to avoid future misbehavior. On the other hand, in a
similar situation, an employee lacking in interest and
understanding approach, may by his unprofessional, unfriendly,
and even hostile attitudes and bearing, aggravate an inmate to a
point where it is mandatory to take disciplinary action for
misbehavior.
7. Good Communication: Another important element of discipline
is good communication. A good communication system, which
will convey what management, wishes the prisoners done and
what, the inmates feel about the program and management im-
portant in prison management. A good communication system
will relieve the inmate's feelings of insecurity about his situation.
A good communication system is likewise essential in effecting
new changes, which affect the masses of the inmate population.
 Orientation-Admission: Good communication can be
accomplished by subjecting all newly committed prisoners to
undergo admission-orientation procedures. This usually
takes place at the Reception Center. The new inmate is given
orientation lectures on the rules and regulations of the
institution. He is informed of the existing facilities of every
institution within the prison system; he is told of what the
institution expects of him; and he is advised of the
opportunities for advancement that he could avail of within
the institution, such as the educational and correctional prog-
rams, the religious program, the recreational program, and
the opportunities in group development activities.
 Manual and Rule Book: Manuals and rulebooks guide both
the prisoners and employees in the proper procedures of
administration. They should be made available for reference
to the prisoners as well as the staff at all times. The rules and
regulations should be stated in as simple a language as
possible to be understood by every prisoner.
 Inmate Councils: One good means of maintaining
communication in prison is the creation of Inmate Councils.
The inmate council is composed of duly elected
representatives of the various housing units and assignment
groups. The council elects its officers and holds periodic
meetings. The council acts as an advisory body to the
 superintendent or warden in matters of administration. The
council members disseminate major changes of policies to
their constituents, and in turn transmit to management the
feelings and attitudes of the inmate population towards any
problem of the institution.
Procedures in Disciplinary Cases
Disciplinary and punitive actions are the responsibility of the
deputy superintendent for custody. In small institutions, one
disciplinary officer hears disciplinary cases, while in bigger institutions
they are heard by a board of discipline. A disciplinary board or
committee is usually composed of the assistant superintendent for
custody as chairman, the physician and the psychologist as members.
Disciplinary cases are initiated by the report of the observing
officer or employee. The report may either be a behavior report or a
misconduct report. The former type of report is intended to call
attention to inmate’s acts and attitudes which might otherwise be called
misconduct - such behaviors as suspiciousness, Withdrawal symptoms,
lack of self-control, etc. Behavior reports also include exceptionally good
work habits, and attitudes. The negative as well as the positive
behaviors of the inmate are useful in the appraisal of what kind of
person the prisoner is. The misconduct report carries every violation of
law or rules. Every case included in the misconduct report should be
investigated, and heard by the disciplinary officer or committee. If the
case is so serious as to warrant it, or if there is danger that the offender
will unduly influence witnesses, he may be placed in confinement
pending investigation but his confinement should .not be in. a.
punishment status. In the hearing, the inmate shou1d be given all
opportunities to explain his case and to call witnesses to testify on his
behalf. A written record is made of every infraction reported and how it
is disposed of. Records of said infractions are entered in the prisoners’
disciplinary record card.
The following are some of the punishments usually imposed
on prisoners convicted by the summary or disciplinary board:
1. Counsel and reprimand - This is a mild form, of punishment
imposed for trivial offenses. To a prisoner who is aware that a
clean record is: an asset to his speedy release mere counselor
reprimand is enough deterrence against a repetition of infractions.
2. Loss of Privileges - This is one effective control of misbehavior.
Privileges are very precious to prisoners. Prisoners look forward
to visiting days, movie evenings; amateur hour program, and
writing to relatives and certainly they would not want to forfeit
any of these privileges through misbehaviors.
3. Loss of Good Conduct Time Allowance - The penal code provides
that for maintaining good record in prison, the inmate is credited
with 5 days or 8 days, up to 15 days good conduct time allowance
for every month that he serves. This allowance may be forfeited as
punishment for misconduct. However, good conduct time
allowance already earned can no longer be forfeited.
4. Close Confinement - This is resorted to in extreme cases when
lighter penalties are ineffectual. The use of solitary confinement or
"bartolina" is justified when there is danger that the offender may
hurt himself or others. It should not be considered as punishment
when used "as an administrative measure" of preventing him from
influencing witnesses or of injury to himself or others.
5. Reduced Diet - Usually this punishment is carried out with
punitive segregation. The United Nations rules prohibit the use of
this kind of punishment unless supervised by the prison physician.
Cruel and degrading forms of punishment are also prohibited by
United Nations rules, including corporal punishment. Except when
there is danger of the inmate injuring himself or others, the use of
handcuff and leg irons is prohibited by the United Nations rules
and regulations.
Counseling, Casework and Clinical Services
Counseling, casework and clinical services are essential
parts of the total correctional program. To function effectively as an
integral part of the total correctional process, professional personnel
assigned to these services must clearly understand the mission, goals
and objectives of the correctional system.
Counseling is defined as a relationship in which one
endeavors to help another understand and solve his problems of
adjustment. It is distinguished from advice or admonition in that it
implies mutual consent. Counseling as used in working with offenders;
encompasses the personal and group relationships undertaken by the
staff. It has its goals either the immediate solution of a specific personal
problem or a long range effort to develop increased self-understanding
and maturity within the offender. Counseling may be part of the activity
of a professional casework or psychiatric staff, but is also the proper
province of the teacher, the work supervisor, and the group supervisor,
and the group supervisor. In institutions particularly, the work and
quarters, supervisors have extensive contact with and influence upon
inmate behavior. In the performance of normal job functions, counseling
is used commonly and quite often unconsciously. Voluntary
participation of the offender in a counseling relationship is desirable;
but there is evidence that group programs in which participation is
mandatory can be effective.
Group Counseling Personnel - Institutions can make
productive use of a program of counseling which employs educational,
custodial, and industrial, maintenance, and other operational personnel
as group leaders and give individual attention to inmates. There is
considerable untapped potential in the large numbers of institutional
personnel who can have major impact on relieving inmate tensions and
contributing to ultimate social readjustment of offenders. The most
effective informal counseling program consists of the intelligent and
harmonious use of personal relationships between staff and inmates m
the operation of day-to-day assignments in the institution. The natural
small living group, such as camps, dormitories and other small housing
units~ provide an excellent setting for the development of a counseling
relationship between custodial staff and inmates, as do small work
groups or crews.
Vocational Counseling - A critical need in institutional
programming is professional vocational counseling. Involved here is a
technical specialty within the general counseling field, which requires
broad knowledge of occupations, vocational potentials, aptitudes and
interests, and conditions of employability in the community.
Increasingly, institutions are turning their attention to vocational
training and productive enterprise. This is sound, both from the
standpoint of institutional activities and job stability after the inmate is
released.
To accomplish the most effective assignment, and training of
inmates, each correctional system should employ skilled vocational
counselors to contribute to the initial study and recommendations. The
assessment of vocational potential can then be used by both inmates
and staff to determine initial assignment and periodic progress review.
Based upon an allotment of three hours per case in the reception unit
for review, analysis and report, there should be one vocational
counselor provided for every 40 cases per month. This would allow'
approximately one-fourth of his time for administrative duties and staff
development projects.
Vocational counselors are also needed to make periodic
progress reviews, to guide occupational and training reassignments,
and to give consultations to administrative staff, trade foremen
vocational and academic teachers. The use of Dictionary of Occupational
Titles can greatly simplify and considerably enhance the assignment
practices within the institution as well as the release planning for
employment. Based upon a minimum of 15 inmates per case per month,
an appropriate ratio of vocational counselors is one to every 300
inmates. This ratio allows for approximately one half times to be
devoted to administrative routine, staff consultation, classification
committee work, and other allied duties. In terms of both short-range
productivity and long-range benefits, skilled vocational counseling is an
economical use of personnel.
Casework in correctional work includes the professional
services rendered by professionally trained personnel in the description
and social treatment of offenders. Casework consists of working with
one individual at a time, with the aims of:
1. obtaining clear case description or social history,
2. solving immediate problems involving family or other
personal relationships,
3. exploring carefully long-range problems of social
adjustment and assisting the individual toward
acceptable solutions,
4. offering supportive guidance and information to inmates
who are nearing release from the institution,
5. offering supportive guidance and professional assistance
to offenders on probation or parole.
Casework Services
While the entire correctional process should be seen as-an
integrated activity, for logical outline, the areas for use of counselors can
be divided into six sections which have certain operational significance:
1. pre-sentence investigation (probation)
2. reception process
3. general institutional program
4. specialized use in severe disciplinary cases and
segregation
5. pre-release activity
6. post-institutional care (parole)
Whatever his specific assignment, the counselor should be a
person specially trained either by graduate academic preparation or
through specialized and intensive correctional casework training
programs, in the understanding of basic human needs, problem
behavior, social conditions relevant to criminality, and community and
social agency resources.
It is essential that the counselor have a broad understanding
of anti-social behavior and a general knowledge and understanding of
research procedures. The counselor should be motivated by a personal
desire to assist individuals who exhibit varying, and sometimes serious,
degrees of such behavior.
As part of the casework program, relationship with colleges
and universities should be established to provide for field instruction
for students and advanced course work by full-time employees.
1. Reception Process - Case study, evaluation and description is an
essential function of the caseworker. Skills in analysis, thorough
reporting, and clear writing are essential in the production of a
case history used throughout the correctional process as a basis
for program planning and treatment. Participation in.-the
orientation of the newly received inmate: to the correctional
system is also a function of the, reception unit caseworker who
may, accomplish this purpose most successfully in groups.
During reception process one function of the caseworker is to
deal with special problems, which arise during the intake
period. Often this is a time of considerable personal and family
stress requiring the resolution of economic and personal
problems. Specialized casework skills in handling new stress
problems and knowledge of appropriate referral sources are
required
2. Workload Standard - A minimum standard workload figure for
processing new cases is 30 per month, for the caseworker
exclusively occupied in this area. As part of the standard, there
should be a provision for at least one case supervisor for every
six to eight caseworkers. These workloads are based on an
average allotment of approximately four hours per case for
study, description, analysis and recommendation and an
additional allowance of one-fourth work time for administrative
routine training and staff development. It is most important to
recognize that the treatment potential of the caseworkers is
commensurate with the amount of face-to-face-contact with the
client. As administrative details increase, the treatment
potential correspondingly decreases. These should be regarded
as absolute minimum figures.
3. Institutional Activities - Perhaps the most basic institutional
casework activity is long-term case and group work with
inmates judged to be amenable to professional casework
services. At the present time there is insufficient knowledge
upon which to determine a known percentage of inmates who
might be responsive to- the intensive casework services.
During the institutional period, the caseworker
becomes involved in aiding in-mates with a wide range
of problems. Many of these concern themselves with
difficulties of institutional adjustment, but there are
others, which have their origin in the community.
Among the latter are divorce complaints, matters
relating to the care and custody of minor children, and
issues concerned with handling the inmate's financial
assets. It is important to recognize that many of the
latter matters may involve the offender's legal rights
and the caseworker should provide the approve
channels. The Preparation and writing of progress
reports for review towards release is also a usual and
important assignment. The caseworker also serves as a
consultant to institutional line personnel. He
contributes to personnel training, and also helps
interpret the treatment needs of individuals.
4. Pre-release Activities - Pre-release planning for individual
inmates and group programming in advance of release is
frequently one of the more neglected activities in correctional
administrations. Normally the counselor will be assigned the
responsibility for planning and execution of specific pre-release
programs for orientation and, information to inmates preparing
to leave the institution. These programs will stress employment,
living relationships, adjustment factors in the outside
community, recreational interests, etc.
Pre-release programming for individual inmate requires
review of the admission study and institutional progress
and proper interpretation to the field counselor and the
inmate as to expected problem areas and proposals for
most effective release arrangements.
Clinical Services
Clinical services provide the most intensive diagnostic and
treatment activities aimed at
1. discovering the causes of individual maladjustments,
2. applying psychiatric techniques with offenders towards
effecting improved behavior
3. offering guidance and support to other staff members in
their management of offenders
The staff members ordinarily employed in clinical services
work are psychiatrists, clinical psychologists, trained caseworkers,
psychiatric nurses, occupational therapists, and other specifically
trained technicians. The clinical services personnel are particularly
concerned with offenders with deep-seated emotional problems.
Clinical services generally include the, functions of
psychiatrists, psychologists, psychiatric social workers, and ancillary
personnel such- as -psychiatric nurses, occupational therapists, and
correctional officers with specialized training Clinical services
personnel should have appropriate education and certification for their
specialties. Where possible, residency-training programs should be
established in correctional, institutional and field activities.
In this discussion, the emphasis will be placed on describing
the important uses to which clinical services personnel can be assigned
in the correctional process.
1. Reception Process - Intelligence and personality tests
administered by qualified clinical psychologists. They are required
as a basic part of the diagnostic process and program planning.
Intelligence and vocational aptitude test should be selected
carefully with the psychologist's guidance, and should be
administered routinely. Serious thought should be given to
periodic supplementary testing and re-evaluation. The emotional
state of the inmate upon intake can lead to misinterpretations and
faulty program planning. Personality tests on a group basis and
projecting techniques should be administered selectively. The role
of the clinical psychologists also includes the continuing
assessment of the testing battery and introduction and
modification of tests where needed.
Each inmate passing through the reception process should receive at
least a screening interview by a clinical psychologist. On a selective
basis more intensive interviews will be necessary for a proportion of
the inmates. The interview will be used as a supplement to the
interpretation of the personality and projective tests as well as
intelligence scores and to assist in the preparation of the full admission
summary.
On referral, psychiatrists should make assessments of psychopathology,
organic disturbances, and other factors related to diagnosis and
treatment planning. The wide range of offender types is such that it is
not necessary to have a mental status report on every inmate. Mental
status reports will be necessary, however, for a substantial number of
inmates to determine appropriate placement and treatment plan.
2. Institutional Programs - Clinical services personnel have a
significant role in individualized and group treatment of psychotic
inmates, severe neurotics, and other individuals demonstrating
bizarre behavior in the institution or in their institution or in their
history before entry. As a minimum requirement there should be
provision for full clinical service to the population designated as
psychotic and other inmates showing major personality
disturbances, which may be amenable to treatment or psychiatric
management.
As consultants, clinical personnel, including psychiatrists, psychologists,
and psychiatric social workers can play a key role in the general
treatment programs of the institution. This function would include
providing consultant services for line personnel working as counselors,
for discipline and classification committee decisions and for general
programming. The in-service training program for all personnel should
include sessions on personality theory to be conducted by clinical
services personnel.
As specialized assignment, individual and group treatment by clinical
services personnel maybe provided in segregation units and to the
general population for the very difficult cases evidencing major
disturbances in the institutional community. The segregation unit thus
should be seen primarily as an adjustment center with- a close
integration of custodial, counseling, casework and clinical services
activity.
Occupational therapy programs employing professionally trained
occupational therapists should be part of the institutional program for
inmates with emotional, mental or physical handicaps requiring special
attention. Workload standards should be established through
consultation with the appropriate professional associations. Where
occupational therapists have been used in both mental hospitals and
prisons, there have been dramatic examples of improvement of severely
diagnosed individuals. In addition, the occupational therapist programs
are very useful in diagnosis and evaluation of long-term needs for
inmate programming.
3. Pre-release Activity - In preparing for release to inmates, the
clinical services group serves an important function by m akin an
assessment of psychopathology and the implications of such
assessment for behavior in the general community. In addition to
 the general assessment one of the most important functions to be
served by the clinical services group, especially in cases having
psychotic or bizarre histories is in the prescription for appropriate
post-release programming that is transmitted to the parole
service.
4. Post-Institutional Care - Consultant clinical services should be
available for the use of parole supervisors in assessing progress,
supervision needs for most effective parole management of large
numbers of parolees demonstrating unusual personality
disturbance or with histories of unpredictable behavior.
As part of parole treatment and management, outpatient parole
diagnostic and treatment clinics should be developed in the major
metropolitan areas. In many instances the paroling authorities are of
the opinion that men may be released with relative assurance of safety
to the community provided there is a continuing clinical assessment
and treatment of offenders with unusual histories. The functions of the
outpatient clinic would include on-going treatment of cases showing
positive response and the evaluation of especially difficult cases at the
time of key decisions.
SEX PROBLEMS IN PRISON
Sex is one of the most challenging problems that confront the
administrators of our prisons today. The problem is normally related to
diseases of mental abnormality and emotional instability that emerge in
definite criminal conclusions. Despite evident progress in many avenues
of correction, there are certain areas of behavior with which the pris6n
system has not been able to cope. One of them is the problem of sexual
adjustment in all institutions where inmates are deprived of social or
sexual contact.
With the exception of few prisons where conjugal visits are
allowed, inmates generally manifest deviant sexual behavior, namely:
nocturnal sex dreams (emissions), masturbation and sodomy. Male
prisoner are randomly distributed according to social status and
general life style from the pauper to the opulent, although the prisoners
who make up the bulk of population are drawn from the deprived
sections of society. As a consequence, sexual experience of these men
and the meaning that sex has for them differs significantly from other
sectors living in free community.
A number of dimension of these substantial differences are to
be found in the sexual activity and attitudes of men who have differing
amounts of education and social origin. Imprisoned men and men of
delinquent histories generally have wider sexual experience than men
living in conventional and non-delinquent lives.
Reasons for the Deviation
Drawing on the knowledge about the dimensions of prior
sexual adjustment of men who go to prison, the first major sense of
experience is actually how little sexual activity of any sort secure within
the prison, thus, even after the shock of imprisonment has worn off,
which often for recidivist this occurs quickly, there is no sudden burst of
sexual activity of any type. Confirming these impressions are the low
order of sexual complaint as found in the list of grievances presented by
the prisoners. Partly, this is due to the tight custody in the institution
and the fact that the prisoners move and live in close proximity and
except for certain moments of the day, there is very little privacy.
Another cause is man in prison finds himself without appropriate
stimuli, which suggest opportunities for sexual activity. The absence of
females and 'the absence of social situation that call for sexual
responses, such as being out of town, ogling and drinking, serve as
effective inhibitors of -sexual responsiveness.
Homosexuality
Homosexuality is the most common form of sexual
perversion in prison. Dr. Paul Tappan states that the homosexuality is a
type of sex perversion that must be reckoned with by prison authorities
because of its immensity and violent consequences. There are two
factors that encourage homosexual behavior in Prisons. The first is
deprivation of opportunity for normal sex outlet, and as a result of this
denial, Prisoners have no alternative but (1) to strive for complete
continence, a state which is very difficult for many to achieve, or (2) to
indulge in onanism; or (3) to engage in homosexual practices. The other
basic factor encouraging homosexual behavior is found in the fact that
every normal person has "erotic zone" in his body aside from his genital
region which if stimulated gives the person under certain condition, full
gratification or completion of sex act. Hence, every person is
neurotically and potentially capable of gaining sexual gratification from
homosexual practices. Considering the unique situation the prisoners
are placed, it is therefore not surprising that a number of them are
indulging in homosexual practices.
How Homosexuality begins
When members of one sex are gathered together in isolation
from the opposite sex many will discover homosexual practices. The
tragedy in this situation is not the act itself, but in the fact that many
persons otherwise sexually normal learn the habits of homosexual
practices and experience, and carrying these practices with them,
remain homosexual by preference when they are discharged from
prison or other situation that encourage homosexuality. Homosexual
persons may be divided into two categories, (1) one composed of
persons who have learned "accidentally" to indulge in perverted acts,
(2) the other composed of persons who had their inclinations ingrained
as one of their fundamental personality traits.
Characteristics of Prison Homosexuals
An obvious example of a difference between the inmate or
congenital homosexual and the “average” or "norrnal" person is found
in reversed secondary sex characteristics as having broad hips, a female
hairline large breast, effeminate voice and features, for male; the female
invert homosexual will have a masculine hairline and a deep voice. This,
of course, is not true of the accidental homosexual. There are
indications that homosexuality is such more prevalent that many
assume. There is ample evidence that homosexual relationships are of
transitory nature, occurring perhaps only once or twice over of a
unique, social situation like a man in prison where homosexuality is
prevalent.
There are varying estimates of the number of males who have
homosexual contact during their periods of confinement, but the range
is probably between 30 and 45 percent, depending upon the intensity of
custody in the institutions, the social origins of the population, and the
duration of individual sentence. Homosexuality in prison is quite a
different phenomenon than homosexual experience in the outside
community. In the prison context, homosexuality is an imitation of
normal sex life with the very sexual activity suggesting masculine and
feminine role components, thus a passive male prisoner submits to this
sexual activity of another active male prisoner by coercion because
either of fear or indebtedness. There are other male prisoners who have
developed preferences for male companions from their own experience
and who enter prison as homosexual.
The aggressor provides protection, a measure of affection
and perhaps gifts in case of older inmates. The passive inmate provides
sexual access, affection, and other pseudo-feminine services. In cases of
long-term inmates, these relationships may be conceived as pseudo
marriage resulting to a greater degree of sexual reciprocity. To some
extent, this relationship creates problems of sexual jealousy, which
erupts into violence.
Woman and Homosexuality
Homosexual behavior is not restricted to male institution
only but is found in women's reformatories and in girls’ correctional
institutions as well. Many of the females sent to these places have not
developed inhibitions and thus find the situation almost unbearable.
They easily turn to various forms of erotic behavior, and as in the male
institutions debauch the more sensitive and feminine of their fellow
prisoners. It is practically difficult for administrators of prisons to
control this problem in the institution largely because the inmates have
more freedom than male prisoners. Women's reformatories are usually
of the cottage type with large campuses where friendships between
girls and women have very little restraint. The sexual adjustment of
women to imprisonment is then strongly linked to the general goals to
which most are socialized in the larger society. The frequencies of any
sexually ameliorative behaviors such as masturbation and
homosexuality are considerably less frequent for women than men in
prison.
Female prisoners appear to form into pseudo families with
articulated roles of husband and wife. These family systems seem to
arise from these sources. One source is a process of compensation: the
majority of female prisoners are from several disordered homes and the
creation of the pseudo family often compensate for this deficiency.
Another source results from the socialization of women, who instead of
forming a gang for self-defense as male prisoners do, tend to form
pseudo family. Finally, pseudo family operates to stabilize relationships
in the institutions and to establish orders of dominance and s
submission among female prisoners. It is the result of these
relationships that homosexuality is being practiced by female prisoners.
Control of Prison Homosexuals
No satisfactory solutions have been found to sex problems in
prison except to reduce the opportunities for such practices. For,
instance, having only one prisoner in each cell, providing physical
exercise during the day to encourage sleep at bedtime and by
adequately supervising all congregations of prisoners where they are in
the situation which affords an opportunity for homosexual practices.
Several attempts have likewise been made to segregate, the most
obvious sex, offenders especially homosexual to be removed from the
congregation but still there is a tendency to co-opt other prisoners to
take their place.
Probably the only long-term solution is to adopt the policy of
home visits at intervals during incarceration and to provide alternative
modes of self-expression for these social and Psychological needs
because of the current structure of male prison, result in homosexuality.
The answers to homosexuality are:
1. encourage those who actually desire to change to take
psychiatric treatment
2. permit them unmolested to seek out their kind as they
wish in free community
3. conjugal visit for married prisoners
 Masturbation Some of the most successful
aphrodisiacs are the absence of anxiety the presence of
available sexual cues, an adequate diet, and plenty of rest. Of
these, only the latter two are commonly found in the prison
environment and, in some cases only the last one. One of the
sources of sexual cues is fantasy; those remembered or
desired sexual experience that commonly serves as the basis
of masturbation, which is self-gratification. These fantasies
then begin to facilitate further masturbation and a continuing
commitment of sexual outlet. Masturbation serves primarily
as a mechanical release of felt physical tension. The prisoners
learn and rehearse sexual style in the context masturbation.
As it is indulged secretly, its extent cannot be more than
estimated. If the inmate is to some degree cultured, he may
turn to various avocations or hobbies like pacing his cell floor
and memorizing verses in the Bible and passages in poetry, to
drain of his sexual hunger.
 Sodomy Another sex problem prevalent in prison is
sodomy. Sodomy as a manifestation of sexual perversion is
the direct result of the denial of normal contact with opposite
sex that is a part of the society outside. In a situation where
homosexuality is not practiced by inmates due to absence of
passive partners or there are no known homosexual in a cell,
prisoners sometimes indulge in sodomy, or sex relation with
another male, which is a criminal offense.
 Conjugal VisitThe program of involving the practice of
permitting inmates, some opportunities of normal sex life has
been tried with success in several countries throughout the
world especially in Latin American countries, like Salvador,
Mexico, Columbia, Argentina and Brazil. In some countries
notably Sweden home furlough, which is the inmate's rights
and not a privilege, meets the need for normal sex practice. A
policy of permitting the families of prisoners to move to a
prison compound has long been in operation in several
countries. It was the practice at least during 1930's in
U.S.S.R., especially in Bolshevo prison near Moscow.
In Columbia, the inmate leaves the prison under guard,
wearing civilian clothes, wife in a certified rooming house or in his own
house if he lives in the city where the prison, specifically set aside for
the purpose of the visit. Prostitutes are banned. In Mexico City, a special
hotel-like building was erected for overnight visit of men's wives. This is
likewise true in progressive Mexican "Islas Marias" prison colony in the
Pacific Ocean. Perhaps the most dignified type of conjugal visiting was
established in Argentina in 1947. In the National Penitentiary in Buenos
Aires, each inmate who maintains good behavior is entitled to periodic
visits from his wife in a specially built structure intended for the
purpose.
In the United States of America such practice of conjugal visit
has not been officially sanctioned by state authorities, although
clandestine conjugal visits have existed for many years in Mississippi
State Penitentiary located at Parchman in Yazoo-Mississippi Delta,
popularly known as Parchman Institution. Here, it emphasizes not only
the bringing of visitors into prison during Sunday's but it allows the
inmates to keep contact with their families by leaving the prison
themselves. Under the visiting leave program at Parchman called
"Holiday Suspension Program" each year from December 1 until March
1, selected inmates who have been in the penitentiary at least 3 years
with good behavior records may go home for a period of 10 days.
There are numerous problems that arise in connection with
the privilege of allowing conjugal visits in prison. Among them are
1. the possibility of common-law wives to visit their
common-law husbands which create resentment and
jealousy on the part of legitimate wives
2. prostitutes to call on some inmates which would result
to the spread of venereal diseases
3. that it is unfair to unmarried inmates
Relatively however, this practice of conjugal helps a lot. It
keeps marriages from breaking up, reduces homosexuality, makes
inmates more cooperative, helps rehabilitate inmates, makes inmates
easier to control, and makes inmates work harder.
Conjugal Visit in the Philippines
In the Philippines, the practice of conjugal visiting was not
allowed in the earlier part of its prison system. However, the policy of
the government specially the Bureau of Prisons is to-allow the families
of some prisoners who attain the status of colonists or trustees to live
with them at government expense in penal colonies such as in Davao
Prison and Penal Farm Iwahig Prison and Penal Farm, and Sablayan
Prison and Penal Farm The colonists and their families are given a piece
of land to cultivate and are encouraged to raise poultry and livestock for
their own personal use. The colony post- exchange sells their product.
When released, the prisoners, if they so desire to live in the colony, are
reclassified as homesteaders and are given 6 hectares homestead lot in
the Tagumpay and Tanglaw Settlements. Only Iwahig and Davao Prisons
and Penal Farms, so far, are operating land settlements where
homestead lots are distributed to released prisoners. There are
community resources such as, school, church, recreation center, post
exchange, hospital and clinics for the colonists and their families.
(NOTE: BUCOR, REFER TO RA 10575)
THE PHILIPPINE PRISON SYSTEM
Prior to the coming of the Spaniards and immediately soon
after their arrival, the penal system of this country was jurisdictionally
local and tribal. It consisted mostly of native mores and customs
administered by regional chieftains. The more notable ones were those
of Datu Sumakwel's - Maragtas Code, Code Kalantiao, Sikatuna and
others. The most extensive, the Kalantiao Code was comparable with
Greek and Roman laws of the time as well as with their contemporary
Spanish and English criminal laws.
Upon the occupation of the Philippines by the Spaniards
dating as far back as 1521, and at various later dates when formal
occupation of the different villages were effected by the Spanish
“conquistadores” the laws which were introduced in the Philippines
were the royal decrees, ordinances, rules and regulations for the
government of the colonies promulgated by the King of Spain from time
to time and later on incorporated into "Recopelacion de las Leyes de
India." These were enforced until 1887, when the Penal Code of 1870 of
Spain with some minor changes, which were recommended by the Code
Committee for the Oversea Provinces (Pronvicas de Ultramar) in order
to suit local conditions, were put into effect.
By virtue of a Royal Decree of September 4, 1884, the Code
thus prepared by the Code Committee was ordered enforced in the
Philippines. Some of the objections to the enforcement of the Code were
raised by the "Gobierno General" to the Minister of Ultramar, but
notwithstanding such objections, in a subsequent Royal Decree dated
December 17, 1886, the Code was ordered promulgated. The Penal Code
together with the "Ley Engiciamiento Criminal" were then enforced,
both laws taking effect four months thereafter, in accordance with the
provisions of the Decree "Legislacion Ultramarina" of March 13, 1887.
The Bilibid Prison
With the effectivity of the Spanish Penal Code in the country,
it was then necessary to establish a system of incarceration. So in 1847
the construction of the Bilibid Prison started. This institution became
the central place of confinement for Filipino prisoners. Prior to the
establishment of Bilibid Prison, prisoners were confined in jails under
the jurisdiction of Commandancias where law enforcement units were
stationed. Commandancias were established in practically every
province of the country. In 1865, the Bilibid Prison was opened by
virtue of a Royal Decree of the Spanish Crown.
The plan of the old Bilibid was such that the brigades were
constructed in a radial spoke-of-a-wheel form. For easy commanding
control, a central tower was placed at the center of spokes. This was the
most important tower post then under the command of the Officer of
the Day. The brigades made of strong adobe stones were so sturdy that
even to this day, after their transfer to the city government of Manila
they still stand and are being used by the City of Manila as the City Jail.
The New Bilibid Prison
The Bilibid Prison continued as the main national prison
until 1941 when it was transferred to a new site in Muntinlupa, Rizal.
The old prison had become overcrowded because prison population
increased from year to year. The Prison at Azcarraga (now-Recto) was
also fast being enveloped by the modem structural expansion in the city
so it was then necessary to move the prison from the city to a suburban
site.

In 1936, the City of Manila exchanged its Muntinlupa
property of 552 hectares with that of the Bureau of Prison lot in Manila.
This Muntinlupa estate was originally intended as the site of the Boys
Training School but because it is far from Manila the City Government of
Manila preferred the site of the old Bilibid. The Bureau started
construction of the prison in 1936. Despite, the fact that the buildings
were not yet ready, all the inmates of the Bilibid Prison in Manila were
transferred to the new site on the recommendation of the Cabinet
shortly before the outbreak of World War II. The new site occupies 552
hectares. During the war, Filipinos who were suspected as guerrilas
were sent to the New Bilibid Prison for confinement by the Japanese
Occupation Army. When Manila was liberated, Americans who were
former prisoners of war were camped in the New Bilibid Prison
reservation for physical recuperation.
The Bilibid Prison is mainly - a maximum custody
institution. Being the main prison, it receives commitments from Courts
of First Instance, and Criminal Circuit Courts all over the Philippines,
except those sentenced by the Courts of First Instance and Criminal
Circuit Courts of Zamboanga and Sulu who may be committed directly
to the San Ramon Prison and Penal Farm. The New Bilibid Prison has a
capacity of 3,000 Prisoners. The New Bilibid Prison operates two
satellites units, namely, Bukang Liwayway Camp and Sampaguita
Camp. These two camps are located about a few hundred meters back
to the New Bilibid Prison compound. The Bukang Liwayway Camp
houses 1,500 minimum-security prisoners who work in the various
projects of the institution. In Camp Sampaguita, the Reception and
Diagnostic Center, the Medium Security Unit and the Youth
Rehabilitation Center is located.
The Medium Security Unit can handle a population of 700
prisoners who are employed in the agricultural projects under guard
escorts. The Youth Rehabilitation Center is capable of accommodating a
population of 500 inmates. This unit offers a special treatment and
training program for youthful tractable offenders. The New Bilibid
Prison specializes in the industrial type of vocational training. It
operates a furniture shop, shoe repairing shop, blacksmith and tinsmith
shop, auto mechanics and automobile body building shop, tailoring,
electronics, watch-repairing carpentry, and rattan furniture shop. It is
also engaged in track gardening, poultry, piggery and animal husbandry.
The New Bilibid Prison also offers a high school course for prisoners
who desire to complete their high school education. The school is a part
of the public high school of Rizal province. Since its establishment in
1956, the school has graduated over three hundred inmates.
The Reception and Diagnostic Center
In 1953, the Reception and Diagnostic Center was established for
diagnostic study of prisoners for more scientific rehabilitation. The
Center was opened by virtue of Administrative Order No. 11 of the
Secretary of Justice. From then on the Reception and Diagnostic Center
operated as a separate institution and is housed in one building inside
the Camp Sampaguita compound in the New Bilibid Prison.
The San Ramon Prison and Penal Farm
In 1869, the authorities saw the need of establishing one
prison separate from Bilibid for those who fought the established
government. So, San Ramon Prison and Penal Farm in the southern tip
of Zamboanga was established for the confinement of political
offenders. During those days a rebel who was not shot was either sent
to Guam or the Marianas or to Zamboanga. The San Ramon Prison was
named after its founder, Ramon Blanco, a Spanish captain in the Royal
Army. The purpose of this prison was for the segregation of political
fecal citrates that advocated for reforms but which reforms were
rejected by the constituted authorities. Thus, Dr. Jose Rizal who fought
for reforms was considered an enemy of the government and was
imprisoned in Dapitan, also in Zamboanga.
The San Ramon Prison and Penal Farm has an area of 1,524.6
hectares. It houses maximum, medium and minimum custody types of
prisoners. Prisoners who are directly committed, by the court to this
prison are later sent to the Reception and Diagnostic Center in the
Central Office for study and diagnosis. San Ramon has an average
population of 1,200 prisoners. The principal product of the San Ramon
Prison is copra, which is one of the biggest sources of income of the
Bureau of Prisons. It also raises rice, corn, coffee, cattle and livestock.
The Iwahig Penal Colony
On Novmber 16, 1904, Foreman R.J. Sheilds with her sixteen
prisoners left the Bilibid Prison by order of Governor Forbes who was
the Secretary of Commerce and Police, to establish the Iwahig Colonv in
Palawan. The idea was hatched on the suggestion of then Governor
Luke E. Wright who envisioned it to be an institution for incorrigibles.
The first contingent, however, revolted against the authorities. They
hogtied their Superintendent, Mr. Madaras, and could have killed him
were it not for the timely succor of the Philippine Scouts stationed in
Puerto Princesa. When the Philippine Commission, by virtue of
Reorganization Act 1407, created the Bureau of Prisons on November 1,
1905, the authorities changed the policy regarding Iwahig so that
instead of sending incorrigibles, inmates who were well behaved and
declared tractable were assigned to this colony. Today, the Iwahig Penal
Colony enjoys the reputation of being one of the best open institutions
in the World. Only mutual trust and confidence between the wards and
the prison authorities keep them together, there being no walls.
At present, the Iwahig Penal Colony is a minimum custody or
open institution. It has an area of 36,000 hectares and an average
population of 4,000 prisoners. The colony is divided into four sub-
colonies, namely: Sta. Lucia sub-colony, Inagawan sub-Colony,
Montible sub-colony and Central sub-colony. Each sub-colony
operates as a small institution under the management of a penal
supervisor. T
The Iwahig Penal Colony administers the Tagumpay
Settlement. The Settlement is a 1,000 hectare portion of the colony
which was subdivided into 6-hectares homestead lots. These lots are
distributed to released inmates who desire to live in the settlement.
One important feature of the Iwahig Penal Colony is the
privilege granted to colonists to have their families transported to the
colony at government expense and to live with them in the colonists'
village. The institution maintains various community resources such as
schools, church, recreation center, post exchange, hospital and clinics
for the colonists and their families. The colonists who have their
families with them are assigned a piece of land to cultivate and are
encouraged to raise poultry and livestock for their personal use. Their
products are gold by the Colony Post Exchange. The principal products
of the Iwahig Penal Colony are rice, corn, copra, logs, minor forest
products and cattle.
The Correctional Institution for Women
In 1931, the Correctional Institution for Women was
established on an 18-hectare piece of land in Mandaluyong by authority
of Act 3579, which was passed on November 27, 1929. Prior to the
establishment of this institution, female prisoners were confined in one
of the wings of Bilibid Prisons. Later the position for a female
superintendent was created in. 1934. Correctional Institution for
women is an institution under the Bureau of Prison, managed by the
female personnel, except the perimeter guard who are male.
The Correctional Institution for Women is the only penal
institution for women in the Philippines. It has an average inmate
population of 180. The institution conducts vocational courses in
dressmaking, beauty culture, handicrafts cloth weaving and slipper
making.
The Davao Penal Colony
The Davao Penal Colony was established on January 21, 1932,
in accordance, with Act No. 3732 and Proclamation No. 414, series of
1931. The first contingent of prisoners that opened the colony was led
by General Paulino Santos, its founder and the then Director of
Prisons. The area consists of 18,000 hectares, mostly devoted to abaca.
In 1942, the Davao Penal Colony was used as a concentration
camp for American prisoners of war. The former inmates were all
transferred to the Inagawan sub-colony in Iwahig. During the war, the
Japanese devastated the colony, destroying its buildings, machineries
and industries. In August 1946, the colony was re-established to its
former productive activity by slow reconstruction. This institution is
now the main source of income of the Bureau from its vast abaca,
banana, rice and other farm industries.
At present, the Davao Penal Colony is a combination of
medium and minimum custody type of institution. The greater portions
of the prison population are medium security inmates who live in a
stockade enclosed with wires. The prisoners work in the open fields
under escort guards. The Davao PenaL Colony manages the biggest
abaca plantation in the whole country. The colony is divided into two
sub-colonies, namely, the Panabo Sub-Colony and the Kapalong sub-
colony.
Each sub-colony is headed by a Penal Supervisor. The Davao
Penal Colony also raises rice, corn kenaf, copra, and cattle. It has a
potential of producing rice, which will meet the needs of the whole
inmate Population of the Bureau. The colony is engaged in a joint
venture with Tagum Development Company in a 3000-hectare banana
plantation for the export of banana fruits not only to Japan but also to
the Middle East countries particularly Saudi Arabia and Egypt. The
colony also operates the Tanglaw Settlement where released prisoners
of said colony are relocated as homesteaders.
The Sablayan Penal Colony and Farm
In 1954, the increase in prison population was such that
there was congestion again in the New Bilibid Prison. The New Bilibid
Prison which could hold only 3,000 had a population of 6,000 prisoners
in 1954. On September 27, 19S4, the President of the Philippines issued
-Proclamation No. 72 setting aside 16,000 hectares of the virgin lands
in Sablayan, Occidental Mindoro for the Sablayan Penal Colony. The
first trailblazers were the experienced colony administrators from
Iwahig Penal Colony headed by the Assistant Superintendent of that
colony - Mr. Candido Bagaoisan. Sablayan Penal Colony enjoys the
reputation of being the youngest and fastest growing colony under the
Bureau.
This institution is an open or minimum-security type of
institution. It has an area of 16,408.5 hectares and has an average
prison population of 1,500. Rice is the principal product of the colony.
This institution is self-sufficient in rice. It also raises vegetables not only
for the use of the colony, but also for the inmates of the New Bilibid
Prison.
Bureau of Prisons to Bureau of Corrections
The basic law on the Philippine Prison System is found in the
Revised Administrative Code, particularly Sections 1705 to 1751 of
said Code, otherwise known as the Prison Law. The Prison Law states
that the head of the Bureau of Prisons is the Director of prisons who is
appointed by the President with the confirmation of the Commission on
Appointment. The Bureau of prisons has “general supervision and
control of national and provincial prisons and all penal settlements",
and is charged with the safekeeping of all prisoners confined therein or
committed to the custody of said Bureau.
Section 1724 of the Law requires the Bureau of Prisons to
promulgate rules and regulations that will best promote discipline in all
the national and provincial prisons and penal institutions and best
secure the reformation and safe custody of prisoners of all classes.
Section 1725 of the same law prescribes that the mode of treatment of
prisoners "shall be with humanity", and that provisions shall be made
for the segregation of juveniles from the adult offenders and those of the
sexes.
Administrative Code of 1987 and Proclamation No. 495
issued on November 22, 1989. Change the agencies' name to Bureau
of Corrections from Bureau of Prisons. The rationale behind
changing the Bureau’s name is to conform to the ongoing trends of
modern penology – shifting from the antiquated punitive system of
incarceration to the humanistic rehabilitation approach
Relationship of the Bureau of Prisons with Parole and Jail
Parole, jails and prisons are part of the correctional system of
the state. Prisons and parole are two separate and co-equal entities
under the jurisdiction of the Department of Justice. However, the
functions of these two agencies are allied with respect to the treatment
and training of offenders, so that they should maintain a relationship
that is coordinate and advisory in nature.
JAIL ADMINISTRATION
Jails
Jails are primarily adult penal institutions used for the
detention of law violators. Its original function was the pre-trial
detention of persons charged with crime. Later it came into use for the
service of shorter sentences. Today, it continues its dual role as a place
of detention for those awaiting final disposition of criminal action and
the service of short sentences of not less than three years.
Generally, Jails differ from the prisons in that the former are
administered by local governments such as municipality, city or
province while the latter are administered by the state or national
government. Furthermore, jails are institutions for the confinement of
untried prisoners and sentenced prisoners serving imprisonment of not
more than three years, while prisons are institutions for the
confinement of sentenced prisoners serving imprisonment of more than
three years.
History of the Jails
When the first crude system of community organization
began to emerge in the stone age, a small cave was undoubtedly
designated as a holding cell for the detention of those who violated the
tribal code until the elders could gather at the side of some nearby
mountain to decide upon punishment. But when punishment had been
determined, a restraining boulder was rolled aside from the mouth of
the cave, the guilty were brought and punishment promptly meted, Until
about 200 years ago, the jail was used exclusively for the detention of
the accused pending trial and imposition of punishment. The
punishment imposed were torture, banishment, exile, death, branding,
Mutilation, but never imprisonment
Types of Jails – the modern jail system falls into three
general classes:
1. The lock-up - This is a security facility, usually operated by
the police department, for the temporary detention of persons
for preliminary hearing. Usually the period of detention does
not exceed 48 hours. Persons who must be held longer are
transferred to the city or provincial jails.
2. The Ordinary Jail - In most instances this institution houses
both offenders awaiting court action and those serving short
sentences, usually up to three years. Frequently, it is the only
facility available for the detention of the juvenile offender and
for the care of the non-criminal insane pending commitment
to the state psychopathic hospital. It may be administered by
the police department or by the provincial jail administration
3. The Workhouse, Jail-Farm or Camp - These institutions
house minimum custody offenders serving short sentences,
usually not more than three years. Like the ordinary jail, thy
maybe operated by the city police department or by the
provincial jail administration.
Cities and provinces, which have big inmate populations, may
operate the three types of jails mentioned above.
Consolidated Jails
Ideally, jails should be used only for the detention of
prisoners awaiting court action and few short-sentence prisoners who
require maximum security. Other short-sentence prisoners should be
housed in special institutions such as farms, camps, workhouse, etc.,
which can provide full employment, remedial services, and constructive
leisure-time activities. The correctional treatment of sentenced
offenders requires more complete facilities and larger staff than can be
provided by the average city or provincial jail, An institution serving
several jurisdiction, however, can draw on the resources of all and with
this pooling of funds can offer a planned correctional programs for
short-sentence offenders. The existing jails then can revert to their
proper function in housing prisoners awaiting trial.
Alternative to Jail Confinement
In order to solve the problem of congestion of prisoners in
jail and save many accidental offenders from becoming hardened
offenders, the following alternative to jail confinement are suggested:
1. Elimination from the jail of those who belong elsewhere.
Such persons as the chronic alcoholics, the insane, the
children, the ill, the destitute, and the other jail misfits should
move out and give the prisoner a chance. These people belong
to hospitals for mentally or to foster homes.
2. Payment of fines in lieu of imprisonment. Court records and
dockets are crammed with persons ordered to jail for failure
or inability to pay fines. The application of punishment with
relation to the economic status of the offenders seems to be
illogical. As long as we consider the imposition of a fine as an
appropriate measure of punishment, consideration should be
given to its payments on the installment plan.
3. Use of Probation. The use of probation in minor cases can be
availed of effectively for selected offenders as a means of
reducing the jail population.
4. Wider use of approved methods of release from custody.
The wider use of bail, release on personal recognizance,
paroling to the family, friends or attorneys, is advisable in
cases of a minor nature. Judges hold within their power the
extended use of these measures. They need to comprehend
that jail confinement is the least desirable of procedures.
5. Consolidation of Confinement Facilities. In many areas,
adjacent provinces and cities could give consideration to the
combined use of a single jail rather than continuing the use of
several jails. This would make possible efficiency and
economy of operation and the improvement of housing
facilities.
6. Establishment of Farm Units and Forestry Camps. These
alternatives to the continued employment of the typical local
jail are attaining wider approval. The states of California,
Wisconsin, Virginia and numerous others are successfully
operating approved camps, farms and colonies. The county of
Los Angeles has developed a commendable jail-farm system,
which is meeting with community approval. The
establishment of such units serves to provide constructive use
of labor of those confined.
7. The use of the delayed sentence. Various areas, notably
Wisconsin, have experimented with the use of the delayed
sentence. Sometimes referred to as the “ weekend sentence,”
or the “night sentence” this procedure permits a jail prisoner
 to pursue his normal job during the week and return to the jail Functions - In line with its mission, the Bureau endeavors to
to serve his sentence during non-working hours. perform the following:

Jail Administration in the Philippines 1. Formulate policies and guidelines on the administration
of all districts, city and municipal jails nationwide;
Provincial Jails - Provincial Jails in the Philippines are not 2. Formulate and implement policies for the programs of
under the jurisdiction of the Bureau of Corrections. They are managed correction, rehabilitation and treatment of offenders;
and controlled by the provincial government. 3. Plan the program funds for the subsistence allowance of
offenders;
Bureau of Jail Management and Penology (BJMP) - The 4. Conduct researches, develop and implement plans and
BJMP exercises supervision and control over all cities and municipal programs for the improvement of jail services
jails throughout the country. The enactment of Republic Act no. 6975 throughout the country.
created the BJMP. It operates as a line bureau under the Department of
the Interior and Local Government (DILG). Organization and Key Positions in the BJMP

The BJMP, also referred to as the Jail Bureau, was created

Mission of the BJMP
The Jail Bureau shall direct, supervise and control the
administration and operation of all district, city and municipal jails to
effect a better system of jail Management nationwide.
pursuant to Section 60, R.A. no. 6975, and initially consisting of
uniformed officers and members of the Jail management and Penology
service as constituted under P.D. no. 765. The Bureau shall be headed by
a chief with the rank of Director, and assisted by a Deputy Chief with the
Rank of Chief Superintendent.

Objectives of the BJMP The Central Office is the Command and Staff HQ of the Jail
Bureau composed of 3 Command Groups, 6 Coordinating Staff Divisions,
1. To improve the living conditions of the offenders in 6 Special Staff Groups and 6 Personal Staff Groups namely:
accordance with the accepted standards set by the
United Nations. 1. Command Group - Chief, BJMP - Deputy C/BJMP - Chief of
2. To enhance rehabilitation and reformation of offenders Staff
in preparation for their eventual reintegration into the
mainstream of society upon their release. 2. Coordinating Staff Groups
3. To professionalize jail services. - Administrative Division
- Operations Division
Principles of the BJMP - Logistics Division
- Finance Management Division
1. It is the obligation of jail authorities to confine offenders safely and - Research Plans and Programs Division
provide rehabilitative programs that will negate criminal - Inspection and Investigation Division
tendencies and restore their positive values to make them
productive and law-abiding citizens. 3. Special Staff Groups
2. No procedure or system of correction shall deprive any offender of - General Services Unit
hope for his ultimate return to the fold of the law and full - Health Services Unit
membership in society. - Chaplain Services Unit
3. Unless provided otherwise, any person accused of a criminal - Community Services Unit
offense shall be presumed innocent and his rights, as a free citizen - Finance Services Unit
shall be respected, except for such indispensable restraints during - Hearing Office
his confinement in the interest of justice and public safety.
4. Offenders are human beings entitled to the same basic rights and 4. Personal Staff Groups
privileges enjoyed by citizens in a free society, except that the - Aide-de-Camp
exercise of these rights are limited or controlled for security - Intelligence Office
reasons. - Public Information Office
5. Health preservation and prompt treatment of illness or injury is a - Legal Office
basic right of every person confined in jail and it is the duty of jail - Adjudication Office
facilities to arrange for their treatment subject to security - Internal Audit
measures.
6. Members of the custodial force shall set themselves as examples by Regional Office - At the Regional Level, each Region shall
performing their duties in accordance with the rules and respect have a designated Assistant regional Director for Jail management and
the laws duly constituted by authorities. Penology.
7. No jail personnel shall be abusive, insulting, indecent languages on
the offenders. Provincial Level - In the Provincial Level, there shall be
8. No jail personnel shall use unnecessary force on offenders except designated a Provincial Jail Administrator to perform the same
for legitimate self-defense or in cases of attempted active and functions as the ARDs province wide.
passive physical resistance to a lawful order.
9. No penalty shall be imposed upon any offender for violation of District Office - In the District Level, where there are large
rules/regulations unless in accordance with duly approved cities and municipalities, a district jail with subordinate jails, headed by
disciplinary procedures. a District warden may be established as necessary.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading,
and no physical punishment shall be employed as a correctional City and Municipal Office - In the City and Municipal level, a
measure. city or municipal Warden shall head each jail.
11. Members of the custodial force must understand that offenders
need treatment and counseling and the primary purpose of
confinement is for safekeeping and rehabilitation.
12. When conducting routinary custodial guarding, the ratio of 1:7, or Rank Classification of the BJMP
one guard for every 7 offenders shall be observed.
13. When the offender is in transit, the ratio of 1:1+1 for every
offender shall be observed. In case of high-risk offender that
demands extra precaution additional guards shall be employed.
This manning level shall be national in scope for effective jail
administration.

Powers, Functions and Organization of the

BJMP

Powers - The Bureau shall exercise supervision and control

over all districts, city and municipal jails to ensure a secured, clean,
sanitary and adequately equipped jail for the custody and safekeeping Duties and Responsibilities
of city and municipal prisoners, any fugitive from justice or persons
detained awaiting investigation or trial and/or transfer to the National WARDEN - Direction, Coordination, and Control of the Jail,
Penitentiary, and any violent, mentally ill person who endangers himself Responsible for the Security, safety, discipline and well-being of inmates
or the safety of others.
The office of the warden may organize the following units:
 1. Intelligence and Investigation Team - It gathers, collates and
submits intelligence information to the office of the warden
on matter regarding the jail condition.
2. Jail Inspectorate Section - Inspect jail facilities, personnel,
and prisoners and submit reports to the warden.
3. Public Relation Office - Maintain public relation to obtain
the necessary and adequate public support.
ASSISTANCE WARDEN - The office of the Assistant Warden
undertakes the development of a systematic process of treatment. He
acts as the Chairman of the Classification Board and Disciplinary Board
for jails.
ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative
functions of the jail bureau.
1. Personnel Management Branch
 Assignment of personnel
 Procedures of selection
 Preparation of personnel reports
 Individual record file
2. Records and Statistics Branch
 Keep and maintain booking sheets and arrest reports
 Keep an orderly record of fingerprints and photographs
 Present/ Prepare statistical data of inmates
3. Properties and Supply Branch
 Take charge of the safekeeping of equipments and supplies
and materials needed for the operation of the jail.
4. Budget and Finance Branch
 Take charge of all financial matters such as budgeting,
financing, accounting, and auditing.
5. Mess Service Branch
 Take charge of the preparation of the daily menu, prepares
and cook the food and serve it to inmates.
6. General Service Branch
 Responsible for the maintenance and repair of jail facilities
and equipments. It is also task with the cleanliness and
beautification of the jail compound.
7. Mittimus Computing Branch
 Tasked to receive court decisions and compute the date of the
full completion of the service of sentence of inmates.
Mittimus – is a warrant issued by a court directing the jail or
prison authorities to receive the convicted for the service of sentence
imposed therein or for detention
SECURITY GROUPS - The security groups provides a system
of sound custody, security and control of inmates and their movements
and also responsible to enforce prison or jail discipline.
Escort Platoon
a. Escort Section – to escort inmate upon order of any judicial body;
upon summon of a court; or transfer to other penal institutions
b. Subpoena Section – receives and distribute court summons,
notices, subpoenas, etc.
Security Platoon
A three (3) working platoon shifts responsible for over all security of
the jail compound including gates, guard posts and towers. They are
also responsible for the admitting and releasing unit.
REHABILITATION PURPOSES GROUPS
This group provides services and assistance to prisoners and
their families to enable them to solve their individual needs and
problems arising from the prisoners’ confinement.
1. Medical and Health Services Branch - Provides medical and
physical examinations of inmates upon confinement, treatment
of sick inmates and conduct medical and physical examinations
and provide medicines or recommends for the hospitalization of
seriously ill prisoners or inmates. It also conducts psychiatric
and psychological examinations.
2. Work and Education Therapy Services - It take charge of the
job and educational programs needed for rehabilitation of
inmates by providing them job incentives so they can earn and
provide support for their families while in jail.
3. Socio- Cultural Services - It takes care of the social case work
study of the individual prisoners by making interviews, home
visits, referral to community resources, free legal services, and
liaison works for the inmates.
4. Chaplaincy Services - It takes charge of the religious and moral
upliftment of the inmates through religious services. This
branch caters to all religious sects.
5. Guidance and Counseling Services - Responsible for the
individual and group counseling activities to help inmates solve
their individual problems and to help them lead a wholesome
and constructive life.
Categories of Prisoners
Municipal Prisoners - Persons who by reason of their
sentence may be deprived of liberty for not more than six months. The
imposition of subsidiary imprisonment shall not be taken into
consideration in fixing the status of a prisoner hereunder except when
the sentence imposes a fine only.
Provincial or City Prisoners - Persons who by reason of their
sentence may be deprived of liberty for not more than three years or are
subjected to a fine of not more than one thousand pesos, or are
subjected to both penalties; but if a prisoner receives two or more
sentences in the aggregate exceeding the period of three years, he shall
not be considered a provincial prisoner.
The imposition of subsidiary imprisonment shall be taken
into consideration in fixing the status of a prisoner hereunder except
when the sentence imposes a fine only.
All other prisoners are considered National Prisoner.
PARDON
Pardon is a form of executive clemency that is exercised by
the Chief Executive. It is an act of grace and the recipient of pardon is
not entitled to it as a matter of right. The exercise of pardon is vested in
the Executive, is discretionary and is not subject to review by the courts.
Neither does the Legislative Branch of the government have the right to
establish conditions nor provide procedures for the exercise of
clemency.
History of Pardon
The exercise of the pardoning power has always been vested
in the hands of the executive branch of the government, whether King,
Queen, President or Governor. Pardon dates back to the pre-Christian
era. In fact the bible contains an illusion where a criminal was released
and pardoned by the King at the time Christ was crucified.
In England, pardon was developed out of the conflict between
the King and the Nobles who threatened their powers. Pardon was
applied to members of the Royal family who committed crimes, and
occasionally to those convicted of offenses against the royal power. It
was the general view that the pardoning power was the exclusive
prerogative of the King. In England today the power to extend pardon is
vested in the Queen upon advice of the Minister of the Interior.
In the United States, pardoning among the early American
colonists was a carry-over of the English practice. The Royal governor
through the power delegated by the King exercised the pardoning
power. After the declaration of Independence, the Federal and state
constitutions vested the pardoning power on the President of the
United States and the Governor in federal and state cases, respectively.
In the Philippines, the pardoning power is vested on
President.
Kinds of Pardon
As practiced in the Philippines, there are two kinds of
pardons, namely, the absolute and conditional pardons.
Absolute Pardon - is one, which is given without any
condition attached to it. The purposes of this kind of pardon are:
1. To do away with the miscarriage of justice - Under the present
method of judicial procedure justice is not guaranteed. It is
possible to convict innocent person, as it is possible for criminals
to escape the hands of justice. When an innocent convict has no
more recourse through courts, the remedy is absolute pardon. The
power of the President to pardon offenders on the grounds of
innocence is rarely exercised because the criminal procedures are
 liberal in granting a new trial in the case of an offender has no
more legal remedy will pardon of this nature be given. If so
exercised, absolute pardon is granted after an exhaustive
investigation is conducted and upon recommendation of the
Secretary of Justice.
2. To keep punishment abreast with the current philosophy, concept
or practice of criminal justice administration - A criminal act,
because of changing scheme of social values, may become non-
criminal at a later date. Therefore, persons serving imprisonment
at the time of the repeal of the law abolishing the crime may be
extended absolute pardon. For example, a person serving
imprisonment for black-marketing of gasoline when this
commodity was rationed may after the repeal of the law on black-
marketing be extended absolute pardon.
3. To restore full political and civil rights of persons who have
already served their sentence and have waited the prescribed
period. The greatest number of application for absolute pardon
come from ex-prisoners who desire to be restored their political
and civil rights. In the Philippines, the Office of the President laid
down the policy to grant absolute pardon to ex-prisoners ten years
from the date of their release from prison. Recently the policy was
relaxed, thereby shortening the waiting period of five years. The
waiting period is required to give the offender an opportunity to
demonstrate that he has established a new pattern of conduct.
Effects of Absolute Pardon
Absolute Pardon does not work to restore the right to hold
public office or the right to suffrage, unless such rights are expressly
restored by the terms of pardon. A pardon does not exempt the offender
from the payment of civil indemnity imposed upon him by the sentence.
Absolute pardon totally extinguishes the criminal liability but not the
right of the offended party to enforce the civil liability against the
offender.
In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court
laid down the doctrine that the absolute pardon removes all that is left
of the consequences of conviction, and that it is absolute in so far it
restores the pardonee to full civil and political rights.
In another case, the supreme Court reiterated the doctrine
laid down on the Cristobal vs. Labrador case and elucidated further that
“ an absolute pardon not only blots out the crime but removes all
disabilities resulting from the conviction; and that when granted after
the term of imprisonment has expired, absolute pardon removes all that
is left of the consequences of conviction.” (Polobello vs. Palatino, 72
Phil.441 )
Differences between Amnesty and Pardon
Pardon includes any crime and is exercised individually by
the Chief Executive, while amnesty is a blanket pardon granted to a
group of prisoners, generally political prisoners. Pardon is exercised
when the person is already convicted while amnesty may be given
before trial or investigation is had.
In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme
Court distinguished pardon from amnesty in that, “ pardon is granted by
the Chief Executive and such it is a private act which must be placed and
proved by the person pardoned, because the courts take no notice
thereof; while amnesty is by proclamation with concurrence of
Congress, and it is a public act which the courts should take judicial
notice. Pardon is granted to one after conviction, while amnesty is
granted to classes of persons who may be guilty of political offenses,
generally before or after the institution of criminal prosecution and
sometimes after conviction. “
Limitations of the Pardoning Power
The power of the chief Executive to grant pardon is limited to
the following:
1. Pardon cannot be extended to cases of impeachment.
(Art VII, Soc. 10, Par. 2, Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the
violation of any election law may be granted without
favorable recommendation of the Commission of
Elections. “ (Art. X, Soc. 2, Par. 2 Constitution of the
Philippines)
3. Pardon is exercised only after conviction.
It is an elementary principle in political law that pardon can
only be given after final conviction. Cases pending trial or an appeal are
still within the exclusive jurisdiction of the courts hence, pursuant to the
theory of separation of powers, the Chief Executive has no jurisdiction
over the accused.
Conditional Pardon - Conditional Pardon serves the purpose
of releasing, through executive clemency, a prisoner who is already
reformed or rehabilitated but who cannot be paroled because the parole
law does not apply to him. Thus a prisoner serving a determinate
sentence or life imprisonment is excluded from the benefits of the
parole law. However, when this prisoner has already been reformed, he
may be released on conditional pardon.
Nature of Conditional Pardon
Conditional pardon is in the nature of a contract, so that it
must first be accepted by the recipient before it takes effect. The
pardonee is under obligation to comply strictly with the conditions
imposed therein, otherwise, his non-compliance will result to the
revocation of the pardon. (Art. 95, RPC). If the pardonee violates any of
the conditions of his pardon, he will be prosecuted criminally as a
pardon violator. Upon convictions, the accused will be sentenced to
serve an imprisonment of prison correctional. However, if the penalty
remitted by the granting of such pardon be higher than six years, the
pardonee will be made to serve the unexpired portion of his original
sentence. (Art. 159, RPC)
How Conditional Pardon is given
Conditional Pardon may be commenced by a petition filed by
the prisoner, his family or relative, or upon the recommendation of the
prison authorities. The petition or request is processed by the Board of
Pardons and Parole. The Board shall determine if the prisoner has
served a sufficient portion of his sentence; his release is not inimical to
the interest of the community; and that there is a likelihood that the
offender will not become a public charge and will not recidivate in
crime. If all these factors are favorable, then the Board will endorse the
petition favorably to the President. If the case is premature, the
petitioner is so informed.
Some Guides in Pardon Selection
In determining the fitness of a prisoner for release on
conditional pardon, the following points shall be considered as guides-
1. The political, organizational or religious affiliation of the
prisoner should be disregarded.
2. Due (but not undue) regard should be given the attitude of
the people in the community from which he was sentenced.
3. The judicial history of the case should be carefully
investigated.
4. The background of the prisoner before he was committed to
prison – social, economic, psychological and emotional
backgrounds – should be carefully investigated.
Conditional Pardon Distinguished from Parole
The purpose of conditional pardon and parole is the same –
the release of a prisoner who is already reformed in order that he can
continue to serve his sentence outside of the institution, thus giving him
the opportunity to gradually assume the responsibilities of a free man.
Both releases are subject to the same set of conditions will subject the
parolee or pardonee to be recommitted to prison. The only difference
between the two is the granting authority. In parole the granting
authority is the Board of Pardons and Parole, while in conditional
pardon, the granting authority is the President.
Conditions of Pardon and Parole
In the Philippines, the pardonee is given the same set of rules
or conditions as the parolee. Among the conditions usually imposed on
pardonees and parolees are the following:
1. That he shall live in his parole residence and shall not change his
residence during the period of his parole without first obtaining
the consent of the Board of Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction
temporarily, he needs not get the permission of the Board,
although he may so inform his parole officer (Municipal Judge) of
his where about.
3. That he shall report to the Municipal Judge (of the town where he
will reside) or to such officer as may be designated by the
Executive Officer of the Board of Pardons and Parole during the
first year once a month and, thereafter, once every two months or
as often as he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and
shall avoid places or persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine
Constabulary or any officer designated by the Executive Officer of
the Board to visit him at reasonable times at his place of abode or
elsewhere and shall truthfully answer any reasonable inquiries
concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an
orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of the
Department of Justice in payment of the indemnity imposed upon
him.
8. That he shall comply with such orders as the Board or its Executive
Officer may from time to time make.
Abuse of the Pardon Power and It’s Safeguards
The power vested on the President by the Constitution to
grant pardon is very broad and exclusive. It is not subject to review by
the courts. Neither does congress have the right to establish conditions
nor provide procedure for the exercise of pardon. Under these
circumstances, it is therefore possible that unscrupulous Chief
Executive can abuse his power. In fact, nearly every presidential election
the alleged abuse of the pardoning power has come up as campaign
issue against the incumbent President. The truth of the charge has
never been investigated, but the fact that the alleged anomaly is aired
publicly is an indication that the power to grant pardon may be abused.
There are certain safeguards, however, against the abuse of
the pardoning power. First is the constitutional provision that the
President may be impeached for a willful violation of the Constitution.
This is enough deterrent for the Chief Executive to abuse this power.
Second, is the policy of the Office of the Chief Executive, ever since the
time of the American Governors General, to approve pardon cases,
which are favorably recommended by the Board of Pardons and Parole.
Although this policy does not wholly bind the President, seldom, if ever,
has it been disregarded.
Is Pardon Necessary in our Penal System?
Judges are human beings and are therefore apt to commit
errors. It is possible for an innocent to get convicted, as it is possible for
a criminal to escape the hands of justice. An innocent man may not be
able to present evidence to prove his innocence, or may not have the
money to hire a good counsel. Many of our penal laws are outmoded
and are no longer kept abreast with current trends of criminal justice
administration. Judges are limited by laws to the use of discretion they
may exercise in any given case. Under any of the above circumstances,
an injustice may result, which can only be remedied by the exercise of
pardon.
Ideally, all releases should be by parole. Society can only be
sufficiently protected against the ex-prisoner if the latter is released
through parole or conditional pardon. Unfortunately, not all sentences
are indeterminate so that some prisoners are deprived of the privilege
of parole. Therefore, pardon is necessary for the prisoners who do not
fall under the parole law.
OTHER FORMS OF EXECUTIVE CLEMENCY
Amnesty
Amnesty is a general pardon extended to groups of persons
and is generally exercised by executive clemency with the concurrence
of Congress. Usually the recipients of amnesty are political offenders,
although there are some exceptions. For example, President Truman
issued two proclamation granting amnesty to unnamed persons, one at
the end of World War II in 1945 and another at the end of the Korean
Conflict in 1952. In these cases, the persons have been convicted of
crimes against the United States but were pardoned by terms of
proclamation for having served in the armed forces for at least a year
during the conflicts. Those who did so received pardons without having
to apply for them.
The Supreme Court, in the case of People vs. Santos, et al., 47
O.G. 6168, stated that the “purpose of amnesty is to bring about the
return of dissidents and recalcitrant elements of our population to their
homes and the resumption by them of their lawful pursuits, or
occupations, as loyal and law-abiding citizens, to accelerate the
rehabilitation of the war-devastated country, restore peace and order,
and secure the welfare and happiness of the communities.”
Amnesty looks backward and abolishes and puts into
oblivion the offense itself. It so overlooks and obliterates the offense
with which he is charged that the person released by amnesty stands
before the law as though he had committed no offense.
Amnesty is extended to convict as well as persons who have
not yet been tried by the court. Some of the proclamations of amnesty
are as follows:
1. Proclamation No. 51 – This proclamation was issued by the late
President Manuel Roxas on January 28, 1948, granting amnesty to
those who collaborated with the enemy during World War II.
2. Proclamation No. 76 – This was issued by President Elpidio
Quirino on June 21, 1948, extending amnesty to leaders of the
Hukbolahap and Pambansang Kaisahan ng mga Magbubukid
(PKM). The amnesty applied to crimes of rebellion, sedition, illegal
association, assault, resistance and disobedience to persons in
authority and illegal possession of firearm.
3. Proclamation No. 51 – was issued in order to attain the following
objectives: To pardon those commited crimes against the security
of the State who have changed their hostile attitude towards the
government and have voluntarily surrendered with their arms and
ammunitions. To get the dissidents back into the fold of law
abiding citizens. To gather the loose firearms.
Commutation
Commutation is an act of clemency by which an executive act
changes a heavier sentence to a less serious one or a long term to a
shorter term. it may alter death or life sentence to a term of years.
Commutation does not forgive the offender but merely reduces the
penalty of life sentence for a term of years.
Purposes of Commutation
Some of the common uses of commutations are the following:
1. To break the rigidity of the law - Some penal laws are rigid and
unusually cruel. For example, a law making qualified theft, the
stealing of young coconuts from trees, or fish from the fishpond, or
sugar cane from the sugar cane field. Qualified theft imposes an
unusually heavy penalty on the culprit, which is greatly
misappropriated to the value of article stolen. Even if the judge
would want to impose a light penalty, he could not do so because
his hands are tied by the provision of the law. The sentence in this
case may be reduced by commutations of sentence.
2. To extend parole in cases where the parole law does not apply -
Commutation enables the recipient to be released on parole when
his sentence does not allow him parole, like, for example, when the
sentence is determinate or life sentence, or when the prisoner is
serving two or more sentences. The sentence may be changed to
an indeterminate sentence by commutation to enable the recipient
to receive parole after serving the minimum of the sentence.
3. To save the life of a person sentenced to death - This is one of the
most common uses of commutation of sentence. In the Philippines,
95% of death penalty cases are commuted to life imprisonment.
Procedures in Commutations
When the sentence of death penalty is confirmed by the
Supreme Court, the condemned man or the head of the prison system
(Director of Prisons) may file a petition for commutation. The prisoner
is subjected to a social, psychological and psychiatric examination by
the Staff of the Reception Center. The inquiry will include the
sociological history of the prisoner, his criminal history, mental
psychological capacities, work history, etc., the purpose of which is to
determine the degree of involvement in crime the prisoner is in, and to
determine if he deserves to be given a new lease in life. The petition is
then forwarded to the Board of Pardons and Parole, together with the
reports of examinations of the reception and Diagnostic Center and the
recommendation of the Director of Prison on the petition.
The Board of Pardons and Parole processes the petition and
will deliberate on a recommendation after a careful study of the papers,
including the reports of the Reception and Diagnostic Center. It will
them forward the petition, including its recommendation to the
President. The President will then act on the petition. In giving or
denying commutation, the President may not follow the
recommendation of the Board of Pardons and Parole.
Reprieve
Reprieve is a temporary stay of the execution of the sentence.
Like pardon, the President can only exercise reprieve when the sentence
has become final. Generally, reprieve is extended to death penalty
prisoners. The date of the execution of sentence is set back several days
to enable the Chief Executive to study the petition of the condemned
man for commutation of sentence or pardon.
Good Conduct-time Deductions
Conditional release is the statutory shortening of the
maximum sentence the prisoners serves because of good behavior
while in prison. This is called “ good conduct-time “ and is given by the
law as motivation for good behavior while serving sentence in prison.
Article 97, Revised Penal Code, provides good conduct time allowance to
all sentences under the following schedules:
“ Good Conduct time allowance is automatically applied to
reduce the sentence but may be taken away from the prisoner if he fails to
obey the rules and regulations of the prison. However, good conduct time
allowance may be remitted as a reward for exceptional services the
prisoner may render to the prison administration, or after the lapse of
some time when the prisoner has sufficiently demonstrated that he has
reformed. “
“ If the prisoner does not forfeit his statutory good conduct time
allowance through misbehavior, he is released at time earned. He is
released under supervision as if on parole and subjected to all parole
condition which, if violated, will result in the issuance of a warrant,
revocation of his release, and the requirement that he return to prison to
serve the maximum term.”
This form of conditional release is used in Federal, Kentucky,
Kansas, North Carolina and Wisconsin correctional institutions. The
release of the prisoner is mandatory when the accumulated time
deducted from the sentence for good behavior and work credits makes
it mandatory to release the prisoner. The Board of Parole does not
participate in the selection process. This form of release does, however,
enable the parole staff to provide supervision for a period of time by
which his release has been advanced for good behavior as though the
offender was on parole. The released prisoners are subject to the
regulation and control of parole.
In the Philippines, the prisoner who is released from prison
after serving his sentence less the good conduct time allowance, is
released without any condition and is considered to have served his
sentence in full.
Act No. 2489, otherwise known as the Industrial Good Time
Law, provides that when a prisoner has been classified as trusty or
penal colonists, he is given an additional 5 days time allowance for
every month of service. A prisoner serving life sentence has his
sentence automatically reduced to 30 years of imprisonment upon
attaining the classification of trusty or penal colonists.
PROBATION
Probation - A term coined by John Augustus, from the Latin
verb "probare" – which means to prove or to test.
Probation is a procedure under which the court releases a
defendant found guilty of a crime without imprisonment subject to the
condition imposed by the court and subject to the supervision of the
probation service. Probation may be granted either through the
withholding of sentence (suspension of imposition of a sentence) or
through imposition of sentence and stay or suspension of its execution.
The former generally considered more desirable.
History of Probation
The origins of probation can be traced to English criminal law
of the Middle Ages. Harsh punishments were imposed on adults and
children alike for offenses that were not always if a serious nature.
Sentences such as branding, flogging, mutilation and execution were
common. During the time of King Henry VIII, for instance, no less than
200 crimes were punishable by death, many of which were minor
offenses.
This harshness eventually led to discontent in certain
progressive segments of English society concerned with the evolution of
the justice system. Slowly, yet resolutely, in an effort to mitigate these
inhumane punishments, a variety of measures were devised and
adopted. Royal pardons could be purchased by the accused; activist
judges could refrain from applying statuses or could opt for a lenient
interpretation of them; stolen property could be devalued by the court
so that offenders could be charged with a lesser crime. Also, benefit of
clergy, judicial reprieve, sanctuary, and abjuration offered offenders a
degree of protection from the enactment of harsh sentences.
Eventually, the courts began the practice of "binding over for
good behavior," a form of temporary release during which offenders
could take measures to secure pardons or lesser sentences.
Controversially, certain courts in due time began suspending sentences.
In the United States, particularly in Massachusetts, different
practices were being developed. "Security for good behavior," also
known as good aberrance, was much like modern bail: the accused paid
a fee as collateral for good behavior. Filing was also practiced in cases
that did not demand an immediate sentence. Using this procedure,
indictments were "laid on file" or held in abeyance. To mitigate
unreasonable mandatory penalties, judges often granted a motion to
quash based upon minor technicalities or errors in the proceedings.
Although these American practices were genuine precursors to
probation, it is the early use of recognizance and suspended sentence
that are directly related to modern probation.
Two names are most closely associated with the founding of
probation: Matthew Davenport Hill, an 18th century English barrister
and judge, and John Augustus, a 19th Century Boston boot-maker.
As a young professional in England, Hill had witnessed the
sentencing of youthful offenders to one-day terms on the condition that
they be returned to a parent or guardian who would closely supervise
them. When he eventually became the Recorder of Birmingham, a
judicial post, he used a similar practice for individuals who did not seem
hopelessly corrupt. If offenders demonstrated a promise for
rehabilitation, they were placed in the hands of generous guardians who
willingly took charge of them. Hill had police officers pay periodic visits
to these guardians in an effort to tack the offender's progress and to
keep a running account.
John Augustus, the "Father of Probation," is recognized as the
first true probation officer. Augustus was born in Woburn,
Massachusetts, in 1785. By 1829, he was a permanent resident of
Boston and the owner of a successful boot-making business. It was
undoubtedly his membership in the Washington Total Abstinence
Society that led him to the Boston courts. Washingtonians abstained
from alcohol themselves and were convinced that abusers of alcohol
could be rehabilitated through understanding, kindness and sustained
moral suasion, rather then through conviction and jail sentences.
In 1841, John Augustus attended police court to bail out a
"common drunkard," the first probationer. The offender was ordered to
appear in court three weeks later sentencing. He returned to court a
sober man, accompanied by Augustus. To the astonishment of all in
attendance, his appearance and demeanor had dramatically changed.
Augustus thus began an 18-year career as a volunteer probation officer.
Not all of the offenders helped by Augustus were alcohol abusers, nor
were all prospective probationers taken under his wing. Close attention
was paid to evaluating whether or not a candidate would likely prove to
be a successful subject of probation. The offender's character, age and
the people, places and things apt to influence him/her were all
considered.
Augustus was subsequently credited with founding
Investigations, one of three main concepts of modern probation, the
other two being Intake and Supervision. Augustus, who kept detailed
notes on his activities, was also the first to apply the term "probation" to
this process of treating offenders. By 1858, John Augustus had provided
bail for 1,946 men and women, young and old. Reportedly, only ten of
this number forfeited their bond, a remarkable accomplishment when
measured against any standard. His reformer's zeal and dogged
persistence won him the opposition of certain segments of Boston
society as well as the devotion and aid of many Boston philanthropists
and organizations. The first probation statute, enacted in Massachusetts
shortly after this death in 1859, was widely attributed to his efforts.
Following the passage of that first statute, probation spread
gradually throughout the United States and subsequently to many other
countries. The juvenile court movement contributed greatly to the
development of probation as a legally recognized method of dealing
with offenders. The first juvenile court was established in Chicago in
1899. Formalization of the concept of Intake is credited to the founders
of the Illinois juvenile court. Soon after, thirty states in turn introduced
probation as a part of juvenile court procedure. Today, all states offer
both juvenile and adult probation. The administrative structure of
probation varies widely from state to state. In some states, probation
and parole are combined. There are state-administered probation
systems and locally administered systems. In New York, probation is
locally administered under the general supervision of the state.
Probation in New York State had its official beginning in
1901, with the enactment of the first probation in the state. One of the
commission's recommendations in its report to the Legislature resulted
in the creation of the New York State Probation Commission in 1907.
Until the late 1920s, this commission coordinated probation work in
various parts of the state, encouraging the statewide development of
probation services, the planned and promoted standards of practice,
and guidelines for monitoring local probation services.
In 1917, a State Division of Probation was established within
the NYS Department of Corrections, and in 1928 the Office of the
Director of Probation was created. The State's Division of Probation
remained within the Department of Corrections until 1970 when it was
organized as a separate state agency within the Executive Department.
The Director of the NYS Division of Probation then became a
gubernatorial appointee, directly accountable to the governor.
As a result of additional statutory changes, local probation departments,
which prior to the early 1970s were responsible to the judiciary,
followed they NYS Division of Probation's lead. In 1974, all local
probation directors were made accountable to their respective chief
county officials, or in the case of New York City, the mayor.
In 1984, the Classification/Alternatives Law expanded the
authority of the state division. The name was changed to the New York
State Division of Probation and Correctional Alternatives, enhancing the
division's ability to foster the development and effective
implementation of local community-based corrections. A present, the
New York City Department of Probation is second only in size to the Los
Angeles County department.
History of Probation in the Philippines
Probation was first introduced in the Philippines during the
American colonial period (1898 - 1945) with the enactment of Act No.
4221 of the Philippine Legislature on 7 August 1935. This law created a
Probation Office under the Department of Justice. On November 16,
1937, after barely two years of existence, the Supreme Court of the
Philippines declared the Probation Law unconstitutional because of
some defects in the law's procedural framework.
In 1972, House Bill No. 393 was filed in Congress, which
would establish a probation system in the Philippines. This bill avoided
the objectionable features of Act 4221 that struck down the 1935 law as
unconstitutional. The bill was passed by the House of Representatives,
but was pending in the Senate when Martial Law was declared and
Congress was abolished. In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18 technical hearings
over a period of six months, the draft decree was presented to a selected
group of 369 jurists, penologists, civic leaders and social and behavioral
scientists and practitioners. The group overwhelmingly indorsed the
establishment of an Adult Probation System in the country.
On 24 July 1976, Presidential Decree No. 968, also known as
Adult Probation Law of 1976, was signed into Law by the President of
the Philippines. The operationalization of the probation system in 1976-
1977 was a massive undertaking during which all judges and
prosecutors nationwide were trained in probation methods and
procedures; administrative and procedural manuals were developed;
probation officers recruited and trained, and the central agency and
probation field offices organized throughout the country. Fifteen
selected probation officers were sent to U.S.A. for orientation and
training in probation administration. Upon their return, they were
assigned to train the newly recruited probation officers. The probation
system started to operate on January 3, 1978. As more probation
officers were recruited and trained, more field offices were opened.
Role of Probation in the Correctional System
Probation is a part of the correctional system. It cannot be
properly considered as an independent subject. It is only a phase of
penology, and therefore, it must be viewed in its relation to other
aspects of the enforcement of the criminal laws and its proper
perspective. It is a part of an entire structure and only a single feature of
a well-rounded correctional process. Probation is a form of treatment of
the convicted offender. It is not a clemency, pity or leniency to the
offender, but rather a substitute for imprisonment. There are some
offenders who must go to prison for their own good and for the good of
the society because their presence in the community constitutes a
threat to law and order. Other less inured to crime can remain in the
community after conviction where they are given a chance to conform
to the demands of the society. Probation is compared to an out-patient.
The out-patient does not need to be confined in a hospital because his
sickness is not serious. However, the patient must remain under the
care and supervision of his family physician in order that his sickness
will not become serious. Similarly, the probationer does not need to go
to prison, but he should remain under the supervision and guidance of
his probation officer in order that he will not become a more serious
offender.
Probation is given in cases that the ends of justice do not
require that the offender go to prison. This is also when all the following
circumstances exist: that there is a strong likelihood that the defendant
will reform; that there is a little danger of seriously injuring or harming
members of the society by committing further crimes; that the crime he
committed is not one that is repugnant to society; that he has no
previous record of conviction; and that the deterrent effect of
imprisonment on other criminals is nit required. The person who is
placed on probation is not a free man because he is required to live
within specified area. He is deprived of certain rights and privileges of
citizenship, but he retains some other rights and is entitled to the
dignity of man.
Purpose of Probation
The Wickersham Reports in 1931 (Report of the “ National
Commission of Law Observance and Enforcement, “ page 146 of Report
No. 9) states the purpose of probation as follows:
1. “ Probation, like parole and imprisonment, has as its primary
objective the protection of society against crime. Its methods
may differ, but its broader purpose must be to serve the great
end of all organized justice – the protection of the community…
probation is an extension of the powers of the court over the
future behavior and destiny of the convicted person such as is
not retained in other dispositions of criminal case…
2. “ … in probation ( there ) is the recognition that in certain
types of behavior problems which come before the courts
confinement may be both an unnecessary and an inadequate
means of dealing with the individuals involved; unnecessary
because in that particular case the end sought, i,e., the
protection of society, may be achieved without the cost of
confinement, and inadequate because the prison sentence may
create difficulties and complications which will make more,
rather than less, doubtful the reinstatement of that particular
individual as a law-abiding citizen. “
Advantages of Probation
Probation is more advantageous than imprisonment. In
probation, the man is spared the degrading, embittering and disabling
experience of imprisonment that might only confirm them in criminal
ways. On the other hand, the offender can continue to work in his place
of employment. Family ties remain intact, thus preventing many a
broken home. Also, probation is less expensive which is only one tenth
as costly as imprisonment. To the extent that probation is being used
today – about 60% of convicted offenders are given probation – this
type of sentencing therefore, will greatly relieve prison congestion.
Chief Justice Taft of the United States Supreme Court in a case decided
by that Court mentioned the purpose of the federal Probation Act as
follows:
“ The great desideratum was the giving to young and new
violators of law a chance to reform and to escape the contaminating
influence of association with hardened or veteran criminals in the
beginning of the imprisonment… Probation is the attempted saving of a
man who has taken one wrong step and whom the judge think to be a
brand who can be plucked from the burning at the time of the imposition
of the sentence. “
ADMINISTRATIVE ORGANIZATION OF PROBATION
During the early stages of probation the appointment of
probation officers and the administration of probation services were
considered as court functions. Later, probation service was provided to
serve all courts within a City or County such courts as juvenile,
domestic, municipal and criminal. In this type of probation service, the
probation officers are appointed by the Civil Service Bureau or
Commission. In recent years there has been a trend toward a state
integrated probation and parole service for:
 Personality: He' must be of such integrity, intelligence, and
good judgment as to command respect and public
confidence; Because of the importance-of his quasi-judicial
functions, he: must possess the equivalent personal
qualifications of high judicial officer. He must be forthright,
courageous and independent. He should be appointed
without reference to creed, color, or political affiliation.
 Education: A board member should have an educational
background broad enough to provide him with knowledge of
those professions mostly closely related to parole
administration. Specifically, academic training which has
qualified the board member for professional practice in a
field such as criminology, education, psychiatry, psychology,
social work and sociology is desirable. It is essential that he
have the capacity and desire to round out his knowledge, as
effective performance is dependent upon an understanding
of legal processes, the dynamics of human behavior, and
cultural conditions contributing to crime.
 Experience: He must have an intimate knowledge of
common situations and problems confronting offenders. This
might be obtained from a variety of fields, such as probation,
parole, the judiciary, law, social work, a correctional
institution, a delinquency preventive agency.
 Others: "He should not be an officer of a political party or
seek or hold elective office while a member of the board."
PAROLE SYSTEM
The Board of Parole should be vested by law wide latitude of
powers, which include the following:
1. To set terms of parole.
2. To decide who shall be released on parole from among all
inmates eligible.
3. To determine the date of release.
4. To decide revocation of actions.
5. To administer the agency responsible for parole supervision
sometimes.
Institutional Parole Officers
In the preparation of cases for parole deliberation/the Board
of Parole is aided by a sufficient number of institutional classification
and parole officers. These personnel work closely as liaison officers
between the board of parole and the prison, and are in close contact
with the parole officers in the field who supervise the parolees after
release.
The institutional classification or parole officer keeps up-to-
date the running case summary of the prisoner and makes said records
available to the parole boards from which it can base final parole action.
He is responsible for the preparation the admission summary of the
prisoner, which includes the record of the present and previous criminal
offenses, a social history; religious history psychological and psychiatric
study, employment and educational accomplishment; and complete
analysis of the community arid situation: The institutional parole officer
submits "progress reports" on the prisoners' program and training as
the inmates serve their sentences.
Administrative Structure
There are four plans or structures by which parole is
administered, namely:
1. The parole board serves as
the administrative and policy-making board for a
combined probation and parole system. Most of the
states of the United States fall under this plan.
2. The second plan that parole
board administers the parole service only.
3. The third plan is that the
parole services are administered by the department
which administers the prison and other correctional
institutions and which department may or may not also
include the parole board.
4. The fourth plan is that the
parole services are administered by the state correc-
tional agency, which also administers probation and
penal institutions.
The parole system in the Philippines falls under the third
plan. Generally a parole office headed by an executive officer called
Parole Administrator or Chief Parole Officer administers parole. The
Chief of the Parole Office executes the policies formulated by the Board
of Parole, and carries out the functions of parole. A parole agency has
two important units or subdivisions aside from the administrative and
other auxiliary service units. The principal subdivisions are the inves-
tigation and Supervision Divisions.
Parole Investigation
The investigation unit of a parole agency is responsible for
conducting pre-parole investigations. The purposes of pre-parole
investigation are (1) to bring the case history facts up to date, and (2) to
verify parole plan or work and residence.
Parole Selection
One of the most important functions of the Investigation
Division is to help the parole board in the selection of prisoners for
parole. This cannot be determined merely by the length of time served.
If a prisoner is paroled too soon and while still maladjusted, he may fail
and return to prison. On the other hand if the prisoner is retained too
long, he may be embittered, depressed, become apathetic or get
discouraged, so" that when released he may fail to reestablish himself,
adequately in society. The institutional record a one cannot be used as
an index of a prisoner's readiness for parole because some men with
deeply and socially dangerous patterns of criminality are shrewd
enough to maintain a good institutional record and yet be actually
among those with the poorest likelihood to succeed on parole.
In determining readiness of a prisoner for release, the
program of treatment and training of the prisoner in the penal
institution should be coordinated with his -program when released. The
prison staff and parole bureau should coordinate in preparing the
detailed program of the prisoner, both in prison and on parole. One way
of achieving coordination between the two agencies, the prison and the
parole bureau, is to provide "institutional parole" officers who
understand the problems of parole -supervision and can work
effectively with the parole bureau.-Another way to effect coordination
between the prison and the parole bureau is to assign parole officers
from the staff of the latter agency to work in the penal institutions.
Under this arrangement the parole officer participates actually in the
classification and casework program of the prison and is responsible for
the evaluation of the inmates program from the standpoint of its
usefulness after release.
Tools in Selection
Three documents need to be prepared by the institutional
staff to assist the paroling authorities and the parole bureau their work
with individual prisoners. They are:
1. the pre-board summary;
2. the parole referral summary
of the classification committee
3. the final pre-release progress
report.
The Pre-Board Summary - This document is prepared by
the institutional parole officer. It a brief summary of the inmate's case,
including his case history and the salient points, which are considered
necessary whether or not, parole is to be granted.
The Parole Referral Summary - This document is prepared
by the prison's classification committee for the use of the parole bureau.
The purpose of this summary is to indicate to the field (parole) workers
what the staff of the prison considers to be essential for the best interest
of the parolees and the protection of the society. It contains an appraisal
of the prisoner's personality and his needs for adjustment upon return
to society.
Pre-release Progress Report - the institutional
Classification Committee also prepares this document. In this report,
the professional contributions of the Reception-Guidance Center and of
the institution are brought together for greatest usefulness at pre-
release. The pre-release progress report is used by the Parole Board as
guide in determining the prisoner's eligibility for parole and in
preparing his parole program. It outlines the treatment program of the
parolee. While the report contains certain suggestions on the prisoner's
program during the remaining weeks of his stay in prison, special
emphasis is given to his program when he leaves the institution in terms
of success after release. The parole officers use it as reference and guide
when the inmate is brought in for personal appearance to formulate
with the parole officer a program for parole.
Contents of the Parole Referral Summary
1. The general background and present status of the inmate.
 Local status with regard to release
 Previous criminal behavior in relation to parole situation.
 Social history (including family relations, social welfare
assistance and use of leisure time.)
 Personality adjustment in prison (including appraisal of
disciplinary record.)
 Other matters.
2. Report of Institutional Program
 Treatment of personality maladjustment
 Vocational training
 Academic education
 Medical treatment
 Recreational activities (including hobbies.)
 Religious interest
 Other matters.
3. The Inmate’s own plans and concern over parole
 Preferred place of residence
 Type of work desired.
 Family relations.
 Problems anticipated by inmate.
 Other matters
4. Comments by the compiler of the report.
5. The staff recommendations.
 Level of supervision (maximum, medium, minimum).
 Residence
 Work
 Program (education, religion, recreation, etc.)
 Special needs (medical, financial, etc.)
 Other matters.
The Importance of the Parole Referral Summary
The parole referral summary represents the final evaluation
of the effect upon the inmates of this investment in their welfare by
society. The parole referral summary is sent to the field officers of the
parole bureau. This document represents a general plan for the care and
treatment of the parolee. Circumstances may require modifications of
the recommendations contained by the paroling agency, yet the parole
referral summary remains the basic clinical document for the
determination of the man's program upon release, since it represents a
comprehensive study by the institutional staff of his entire life.
Pre-Parole Investigation
The primary duty of the parole board is the proper selection
of prisoners to be released on parole. It is the prime concern of the
board to determine whether parole applicants are capable of living in
the community and remaining at liberty without violating laws. It must
also determine whether the release of the prisoner is compatible with
the welfare of society.
The investigation division of the parole office takes charge of
making a pre-parole investigation for reference and guidance of the
board in the proper selection of prisoners for parole. The parole officer
making the pre-parole investigation collates all in formations regarding
the inmate contained in various documents or reports, namely, the
comments from the sentencing judge, comments from the prosecuting
fiscal, _and a further analysis of the many studies and contacts made by
the trained prison staff during the period of the inmates’ imprisonment.
The institutional reports consist of psychiatric and
psychological reports', the social history of the prisoner prepared by the
sociologist, educational report evidence of wanting to reform, conduct
while in prison, attitude and other contributory factors. In determining
the fitness the prisoner for parole, the parole board should likewise
look into the negative factors which may disqualify the prisoner for
parole, such as the adverse feeling of the community toward his release
on parole, and unstable family situation, lack of employment;
opportunity or unsatisfactory record of previous employment history of
failure to support family or dependents properly; lack of: responsibility,
record of nomadism, alcoholism lack of home sites, and antisocial 'nor
immoral acts. The parole board should likewise consider the favorable
or unfavorable reports of the field supervising parole officer on the
parole plan for the prisoner since this officer makes last minute
verification on arrangement regarding residence, selection of parole
adviser, and prospective employment.
Parole Hearing — How Conducted
Parole hearings may be commenced by a written petition of
the prisoner or by his relatives. In an institution where casework
method is highly developed, there is no need for the prisoner to file a
petition since the institutional classification committee, motu propio
initiates parole proceedings the moment the prisoner becomes eligible.
Several methods are used in selecting prisoners for parole.
Some boards of parole conduct interviews in the prison with the entire
membership present to interrogate the prisoner. In some jurisdictions,
the board does not conduct interviews with the prisoners but depends
solely on the recorded material. In the United States Board of Parole, the
board does not meet en bane to interview the prisoner. Instead, each of
the five board members interviews all prisoners eligible for parole in a
particular institution. His interviews are recorded in verbatim He
prepares a complete resume and analysis of case. His findings are
contained in the detailed summary, which he prepares after the
interview. The other members of the board who may or may not concur
with his recommendation review this summary.
Cases of prisoners serving more than five years or cases
wherein a major policy is involved, and cases offering difficult factors in
planning are resolved by the board en bane.
The date of release of a parolee does not take place earlier
than one month nor exceed six months from the date parole is granted.
This will give sufficient time for the supervising parole officer to
complete and verify the parole release plan. Only in exceptional cases
are parolees granted immediately upon approval by the board. Cases
that are denied by the board may be rescheduled for hearing after at
least six months from the date of denial.
Coordination of Probation, Prison, and the Parole Program
In recapitulation it may be here emphasized that the three
principal correctional agencies, namely, probation, prison and parole,
should be coordinated. The reason for this is that since the three
correctional services aid the same persons, each service should know
the experiences of the others and their efforts with individuals. The pre-
sentence investigation prepared for the use of the court, is invaluable to
the prison officials who must treat the person committed to prison. This
report is used by the classification committee of the prison as guide in
carrying out the prisoner's treatment and training program. When the
prisoner is ready for parole consideration, the parole board finds the
pre-sentence investigation report very useful in deciding, on parole.
When the prisoner is paroled, the prison officials furnish the parole
officer with a progress report pertaining to the changes in. health,
acquisition of new skills and other attainments.
The parole, officer serves as a good liaison between the
prison and the parole board on the one hand, and the community on the
other hand. He interprets the problems and needs of the prisoner to his
family, his prospective employer and the community for the eventual
return of the prisoner.
The correctional service may be_ compared to the medical
service. Probation is the equivalent of the out-patient service.
Probation officer deals with the offender just as the family physician
treats the patient at home. The more serious offenders are committed to
prison just as patients requiring operation or special care have to be
sent to the hospital. When the prisoner has served his minimum
sentence or has stayed in prison long enough and believed to be already
reformed, he is released under the care and supervision of a parole
officer. Likewise, when the patient becomes ambulatory, he returns
home to the care of the family physician. If all goes well in the
community as planned, there is no need for him to return to the hospital
for further treatment.
Failure to integrate these three branches of the correctional
service — probation, prison, and parole, obstructs the speedy
reformation of the offender and is costly to the government. These three
agencies should be integrated as parts of a full-coverage policy of
corrections and they should operate in harmony with a single objective:
the wholesome rehabilitation of the offender.
Parole Supervision (Organization and Regulational
Aspects)
The supervision of parolees is one of the most important aspects of
the whole rehabilitative process. The character of the supervision
largely determines the success or failure of any given case. Supervision
of parolees has three aspects: organizational, regulational and
operational.
Organizational aspect
The Federal government of the United States combines parole
supervision with probation supervision. It has no parole
field service hence parolees are turned over to the district court
probation officers for supervision.
Some big states have centralized parole supervision services.
This sort of centralized parole supervision service may involve district
offices, with parole officers working out of them, but all of these
services are controlled and budgeted from a central state office. In
smaller states that do not justify establishment of district offices, parole
officers are assigned to cover certain territories usually covering several
counties and are directed from the central office. In a few jurisdictions,
parole supervision is an adjunct of the prison because a centralized
parole service is not economically justified.
Recently, federal and state laws were passed providing for
parole and probation compacts, whereby states enter into reciprocal
agreements to allow a parolee or probation to be supervised by another
state.
Some centralized parole supervision units are separate state
units or bureaus under the department of welfare or division within the
department of corrections. Sometimes they are a part of the total parole
board organization.
Regulational Aspect of Parole Supervision
The regulational aspect of parole consists of several rules and
requirements promulgated by the paroling authority. But why are rules
and regulations necessary in parole? The parolee, whether he likes it or
not, needs a certain kind of discipline. It instills in him the feeling of
security to know that he is within legal bounds by following the set of
rules and regulations. Some types of offenders need the authoritarian
method of dealing with them, so a set of rules and regulations is the
only way to help them get over their difficulties. Rules and regulations
in parole are intended to help both society and the parolee. They can be
used to help parolee if their regulatory effects eventually become part of
the parolee's way of life. Rules and regulations pose as a sword of
Damocles over the head of the parolee. He knows for a fact that when he
violates any of the rules his freedom will be forfeited.
The most common rules and regulations are the following:
a. Making restitution. A condition is imposed to the effect that
the parolee must make monetary restitution to the victim. It
is understood that the parolee shall only be required to pay
restitution if he is earning more than his necessary living
expenses. Usually, the restitution is paid by installment at a
rate that will not deprive the parolee and his family the
necessities of life. It is but fair and just that what has been
unlawfully taken from the victim must be returned.
b. Supporting Dependents. Society expects everyone to
support his dependents and so there is no reason that a
parolee should not be required to do so. If, however, he fails
to support his family and dependents through no fault of his
like when he cannot find or hold a job, it should not be a
reason to revoke parole already given. The treatment of a
parolee aims at helping him become a more responsible
citizen, so that requiring him to meet his obligations, is but
one way of training him along said virtue. It protects his
dependents and at the same time aids the parolee on his path
toward maturity and stability.
c. Getting, Keeping and Reporting Honestly on
Employment. The parolee must be taught the habit of work,
not only for psychological effect but also for economic
stability. It is therefore essential that the parolee be assured
of a legitimate and legal means of income. Before releasing
the parolee, therefore, the parole board must be assured that
he is willing to work; must make reasonable efforts to secure
and maintain employment; and must work only in legitimate
enterprises. Sometimes the parole office requires the parolee
to inform his parole officer of any change of employment. The
aim is to discourage the parolee from drifting from one
employment to another, which is a symptom of vocational
maladjustment.
d. Avoiding indebtedness and unnecessary expenditures.
The purpose of this regulation is to encourage thrift, proper
budgeting and responsible habits. There are times, however,
that going into debt is unavoidable. When the purpose of
incurring, the debt or in making unnecessary expenses is
laudable, the parolee should not be punished.
e. Reporting. This is a requirement in all parole systems.
The parolee is required to report to his parole officer at
stipulated intervals. Some parole offices merely require the
parolee to submit a completed form, giving pertinent data on
residence address, employment data, savings, leisure-time
activities, family situations, associates, and plans for the
future and problems requiring decisions. The parole officer
does not take as the truth all that the parolee reports during
the interview. He must verify all-important allegations of the
parolee. The requirement of reporting is in itself a protection
of society' in that failure to comply is symptomatic of the
parolee's maladjustment.
f. Making Arrival Report. The parolee, in most parole
jurisdictions, is required to report to his parole officer shortly
on his arrival at his parole residence. This requirement is
meaningful in that failure to do so is indicative of something
that is still wrong with the offender.
g. Keeping the Parole Officer Informed of the Whereabouts
of Parolee. - This is but logical if supervision is to be
carried out effectively. If the parolee remains within the
parole jurisdiction, he does not need to inform the parole
office.
h. Permitting the Parole Officers to visit the Parolee at
Home and in His Place of Work. There is no reason why a
parolee should not allow his parole officer to visit him at
home from the standpoint of law-enforcement. However, if
the parole officer is refused admission in the house of the
parolee, the former cannot force his way without a warrant.
Sometimes the parolee feels embarrassed when visited by
the parole officer. The purpose of employment visits should
be clearly explained to the parolee in order that he will
readily cooperate. The parole officer has a duty to see to it
that the parolee is gainfully and legitimately employed. Home
and employment visits are part of the casework functions of
the parole officer.
i. Abstaining from the Use or Overuse of Liquor. Some
parole jurisdictions prohibit the parolee from sipping even a
drop of wine. Other jurisdictions think that entire prohibition
is unrealistic, so that they only require the parolee not to
indulge heavily in liquor. Moderate drinking is a part of a
man's social life and social qualification.
j. Keeping Curfew Hours. The purpose of this rule is
discouragement of unwholesome habit that may lead to
troubles. An ex-prisoner is prone to being suspected by the
police whenever an unsolved crime is committed. In order to
evade being a suspect, the parolee should agree to keep
reasonable hours at night.
k. Provision against Marrying Without Permission. Parolees
are still wards of the state and are not yet restored their civil
and political rights. One of the civil rights affected by u prison
sentence is the right to contract marriage. Since the parolee is
not yet a completely free man he cannot marry without first
obtaining permission from the parole officer. One strong
reason in favor of this regulation is to prevent the parolee
from having a family if he is not financially capable of raising
one.
l. Provision Against Living in an Illicit Relationship. The
parole must attempt to live a clean life and one way of
carrying it out is to issue this regulation. This regulation is
specifically directed to parolees convicted of bigamy,
concubinage and adultery to prevent further amorous
relations with the woman who caused their imprisonment.
m. Regulations against Owning or Operating an Automobile.
Some states or countries disqualify convicted offenders from
getting a driver's license. In order, therefore, that the parole
office may not be a party in a case of illegal operation of a
motor vehicle, parole offices prescribe rules against the
parolee operating or owning a motor vehicle without
permission. Besides, the parole authorities want to obviate
the possibility of the parolee using an automobile for
committing another crime.
n. Prescription against the Use or Sale of Narcotics. This rule
needs no further discussion. Even free men are prohibited
from using narcotics without medical prescription, or selling
them.
o. Regulation Against Carrying or Possessing Dangerous
Weapons. For obvious reasons the parolee should not be
allowed to possess a dangerous weapon, especially a firearm.
p. General Admonitions Regarding Observance of Law. The
only reason this regulation is included is that the parolee
'must be reminded about observing law and order.
The Parole officer as Law-enforcement Agent
Parole offers the community preventive and protective
service through an intensive supervision of the parolee. By constant
supervision of the individual and follow-up of his day-to-day activities,
the parole officer is able to recommit parolees who are on the road
leading back to crime.
NOTE: The role of the parole (probation) officer as law-
enforcement agent is discussed in the Chapter on Probation.
The Parole Officer - A Case Worker or a Police Officer?
There is controversy as to whether or not the parole officer
should be clothed with law enforcement authority. One school of
thought holds the view that parole officers should not perform law
enforcement work, such as sleuthing and arresting his ward. To do so
would be incompatible with his role as a social caseworker. The
effectivity of the parole officer as a guidance counselor, a leader or
teacher is nullified if the parole officer is clothed with police powers.
The other school of thought holds the view that parolees, being persons
who have not been able to make adjustments with the demands of
society, should be applied certain restraints under threats of arrest and
reincarceration. Not all parolees, according to this view, respond to the
guidance counseling or leadership techniques of supervision, hence the
need for the authoritarian method for this type of persons.
Experience in various parole agencies, however, proved that
the two points of view expressed above are without basis. It was
satisfactorily proven in many jurisdictions that some parole officers
with professional training in social work made good as peace officers
while others whose basic training was in law enforcement made good as
case workers
Classifications of Cases
The quality of service that a parole office renders to the
parolee depends on the size or caseload parole officers have. One
cannot expect adequate supervision from a parole officer who has 750
parolees to supervise.
Parole supervision can be simplified and made more effective
by adopting a sys- ' tern of classifying parolees. Some parolees do not
have pressing problems as they arise. The accidental offender belongs
to this type. This type of parolees needs very little or no supervision
from the field parole officers.
Another classification of parolees is the type that needs
casework as the primary consideration of treatment. The parolees may
not be serious community- risks. An example of this type is the parolee
who is in need of a job or economic aid. Here the field parole officer can
devote full attention to intensive casework that is, trying to help his
client get a job.
A third classification for purposes of supervision is the type
in which law enforcement function is the first, even the only
consideration. This type of parolee needs constant supervision and
surveillance by the parole officer in order to prevent the parole from
recommitting crimes. Usually we find in these classification offenders
whose history and background indicate great personal disorganization,
such as the professional killer, the gangster, the sex-pervert, and the
long-time confidence man. The field parole officer should be alert to
discover signs of misbehavior in this type of parolees and to be quick on
his rearrest.
Knowing the type of offenders his wards are, the parole
officer can adjust his schedule of supervision, devoting intensive
supervision to parolees belonging to the third type while giving little
time for parolees of the first type.
Casework Techniques
The parole officer as caseworker, he can use casework
techniques, among which are:
1. The Manipulative techniques;
2. The Executive techniques; and
3. The Guidance, Counseling and Leadership technique.
 (*Casework techniques also apply to supervision in
Probation.)
Manipulative Techniques
Manipulative technique are ways of helping the parolee by
altering his environmental conditions go as to bring out satisfactory
social adjustment in the individual. Among the common manipulative
devices used by the parole officer are the following:
1. Job finding — some parole systems have their own employment
bureaus, the main function of which is to locate jobs for parolees.
By providing a job the parolee may become a permanent law-
abiding citizen. In some cases, the parole officer himself tries to
find a job for his ward.
2. Home placement — there are some parolees who cannot return
to their parental homes because of some conflicts or tensions
existing in the family, or that a member of the family is a morally
depraved person whose influence on the parolee may not be
conducive to his social readjustment. It is the responsibility of the
parole officer to help find a foster home for the parolee.
3. Improvement of community conditions — the locality where
the parolee returns may abound with vices such as gambling,
dancehalls, bars, houses of prostitution, etc. It is the duty of the
parole officer, like other civic-minded citizens to participate in
community movements to clean up these vices and unwholesome
establishments.
4. Removal of Discrimination — One of the greatest obstacles to
employing ex-prisoners as well as accepting them socially in the
community is the prejudice that prospective employers and the
public have against him. Very few industrial establishments would
employ a parolee or an ex-prisoner. It is the job of parole officers to
remove discrimination against the parolee in order that employers
may be willing to offer him a job. The parole officer can participate
in a public information program designed to educate the
community into accepting the ex-prisoner as a human being, to
avoid stigmatizing him.
The employment of manipulative devices in helping parolees
by the parole officer needs skill. It is not because the parolee needs a job
that his parole officer gets him a job. It is more meaningful and lasting
to the parolee if, instead of the parole officer getting him a job, he
should first exert efforts to make the parolee gain strength to seek his
own job. By extending the help to the parolee, the latter is not helping
solve his problems permanently, so that when his prop (the parole
officer) is gone, the same problems he had before his imprisonment will
bring him into troubles again.
Executive Techniques
This is a method of helping parolees by which the parole
office performs referral services. Parole agencies do not often have the
necessary funds for direct administration of parolees under care, so that
the most that parole can offer by way of help is to refer the parolee to
agencies offering the services desired. Among the services by referral
are:
1. Locating a job — The parole office refers the parolee to a firm,
company, or to any employment agency for possible employment.
2. Relief — When a parolee or his family is in dire need of the basic
necessities of life such as food, clothing or medicine, the parole
office refers the parolee to a social welfare agency, which can
extend them relief.
3. Medical Care — It is the function of the parole officer to refer his
client in need of medical care, hospitalization, dental services or
psychiatric services, to agencies rendering such services free of
charge.
4. Public grants — The parole officer should be familiar with laws
on public grants such as social security, old age benefits, aids to
widows and dependent children, in order that he can refer his
clients who are eligible to any of such grants
5. Institutional placements — The supervision program of the
parolee may indicate a need for his removal from his parental
home and for placement to a foster home. It is the responsibility of
the parole officer to explain to the parolee and his family of the
need for the said transfer of residence to a foster home. When this
is undertaken, the transfer is effected by referral to the proper
agency.
6. Legal aid — The parole officer, even when he is a lawyer, should
refrain from giving legal advice to his client in need of legal
services. It is always a better policy for him to refer the parolee to a
legal aid office. Oftentimes legal questions involving common-law-
relationship, legal separations, bigamous or adulterous
relationship, custody or support of children come up, and the
parole officer should know where to refer each case.
7. Educational and vocational guidance — The parole officer is not
an expert in educational and vocational matters. He should
therefore refer his ward to the proper agency rendering
educational or vocational training or apprenticeship.
8. Recreation— Parolees should, as integral part of their
adjustment, be given guided recreational activities, otherwise, they
will frequent poolrooms, bars and other unwholesome
recreational joints. Some communities have group work agencies
offering recreational activities. The parolee officer must know how
and when to enlist the services of these agencies in connection
with the problems of his wards.
9. Social agency help - There are several agencies, public and
private, that may offer services to parolees. The parole officer
should be well acquainted with what those agencies can offer to
his wards.
Guidance, Counseling and Leadership Techniques
These techniques require, that the parole officer must be well
versed with the science of human behavior. He should know the
motivations, which cause the person to react the way he did under
certain situations. He should try to determine what caused his ward to
follow a certain cause of action. He should attempt to influence and
guide his clients into solving their problems.
Guidance and leadership are temporary crutches upon which
the parolees depend in overcoming their difficulties. Sometime or
another the parolees will no longer depend on the services of the parole
officer. The parolees should be taught to gain insight into their problems
and how to solve them. It is not guidance and leadership if the parole
officer himself does the solving of the problem for the parolee.
In guidance and leadership technique, the parole officer
seeks to exert a direct personal influence on the parolee. The advice of
the parole officer may spell the difference between going straight and
going the wrong way by the parolee. The parolees' thinking can be
properly guided by the parole officer so that they may be able to solve
their own problems under the same or similar situations.
Parole Advisor
The parole advisor is primarily and essentially a volunteer
worker. He works as an unpaid parole officer, a non-professional
counselor, adviser, first friend, and sponsor to the parolee. When parole
was newly introduced, the parolee was required to report to a sponsor
known as guardian who performed the functions of advisor and parole
officer. The untrained, unpaid volunteer workers of the Elmira days are
now relegated to perform the role of parole advisers.
The parole system of the U.S. Federal Government has
adopted the parole advisor system. The policy of the Federal Parole
administration is that the parolee must have some citizens to serve
voluntarily as his parole advisor. This requirement has been abolished
in several states and is now waived by the U.S. Board of Parole when a
satisfactory advisor is not available, in which case the probation officer
is named parole advisor in addition to his duties as supervising officer.
The parole advisor can be of great help to the parole service
during the pre-release planning. The advisor who may have known the
prospective parolee intimately for some time can help in the
preparation of the parole program. The interest shown by the advisor
on the would-be parolee can be exploited and developed by the parole
officer to a productive and helpful service throughout the ensuing
parole period.
It is desirable that the field probation officer and the parole
advisor should work as a team. In order to obtain full cooperation of the
advisor, the parole officer should show its appreciation for the
assistance of the parole advisor. The advisor can be of service more
effectively in rural areas where the parole officer cannot regularly visit.
The parolee can always turn to his parole advisor for immediate help
because the parole officer is not available for immediate counsel and
advice when pressing problems arise. Furthermore, the parole officer
may have to depend on the advisor for reliable information regarding
the parolee’ conduct, as well as his adjustment.
Parole Violators and Detainers
There are two types of parole violators: commission of a new
crime and violation of a parole condition. In the first type, conviction of
a new crime by the parole will automatically cause recommitment of the
parolee. If the parole is convicted but appeals his case in the higher
court, the parole officer will submit a report of said conviction and
appeal to the Board of Parole which will decide, after due investigation,
on recommitting the parolee or not. If it is violation of parole condition
only, the Board of Parole shall conduct an investigation, giving careful
consideration on whether the act was willful, whether the safety of the
public is involved, and whether other disciplinary action than
recommitment to prison might be sufficient.
 Parole Boards are authorized to issue warrants for the arrest
of alleged parole violators or to issue notices to appear to answer
charges where arrest is not necessary. Parole officers are authorized to
arrest or cause the arrest without a warrant where immediate action is
necessary against the violator or one who is in danger of becoming a
violator. The parole officer should submit a written report of the
violation to the parole board. Releases from the jail of alleged violators
should be on order of the parole board only.
Ordinarily, a detainer or warrant against a prisoner does not
disqualify him from parole. The prisoner may be given parole subject to
the action taken on the detainer.
Discharge from Parole
The duration of parole supervision does not extend beyond
the expiration date of the parolee’s sentence. Parole conditions and
other aspects of parole supervision should be relaxed as the parolee no
longer requires the restriction on his behavior. At the expiration of the
maximum sentence, the parole board should issue a certificate of final
discharge. The same certificate may be issued even before the
expiration of the maximum sentence should the board, after reviewing
the case, is satisfied that parole has served its purpose.
The certificate of discharge from parole has the effect of
restoring all civil rights lost by operation of law. This is not, however,
true in the Philippines. It needs an executive clemency in the form of
absolute pardon to restore said rights.
THE ROLE OF COMMUNITY AND VOLUNTARY AGENCIES IN
CORRECTIONAL WORK
Correctional programs are more and more recognized as the
responsibility of the total community. It is a well-known fact that a
correctional program, no matter how well developed, cannot succeed
without the support of the general public. It is essential that probation,
the institution, and parole should enlist the cooperation of community
agencies, voluntary societies, citizens groups and the community in
general in order to succeed in their mission of placing the offender back
to society as a normal social being.
Correctional agencies are not adequately financed to render
further services to the offender outside of their organizational
jurisdiction. This is where community and voluntary agencies come into
the picture.
Community Agencies – A community agency is usually a
formal group or association organized to promote social or individual
welfare. Most community agencies are identified with social work.
Others are concerned with labor, education, ethnic groups and the like.
These agencies may be financed from public, private or mixed funds.
Some of the community agencies closely related to corrections are
the following:
1. Social Service Exchange – Prisons, probation and parole
agencies may conveniently avail of the services of social
service agencies by referring to them problems of inmate or
parolee’s dependents.
2. Department Public Welfare – Correctional agencies can
secure information on various possible aids for prisoner’s
parolees, or probationers’ dependents, including old age
assistance and aid for dependent children.
3. Family Service Agencies – Offenders who have family
relationships problems may be referred to family service
agencies in order to preserve and restore harmonious family
relationships and to prevent conditions, which would disrupt
family life.
4. Mental Hygiene and Mental Health Clinics – These clinics
may provide psychiatric services to prisoner’s families,
parolees, probationers and their families.
5. Philippine Red Cross – The Red Cross provides home
services, disaster relief, blood program, eye program and
other relief.
6. Anti-Tuberculosis Society – It provides limited patient
services, chest x-ray program, education, and referral
services.
7. City and Provincial Health Departments and Hospitals –
Correctional workers may avail or he services of these
medical facilities for prisoner’s families, probationer’s and
parolees as well their dependants.
8. Colleges and Universities – Colleges and universities are a
potent agency for molding public opinion through their
courses in criminology and penology. They offer in-service
training courses for correctional workers. Prison, parole and
probation offer a valuable research setting for advanced
students in sociology, psychology, criminology, social work
and other behavioral and social sciences.
Voluntary Agencies – Voluntary agencies have played an
important and significant role in the development of modern
correctional concepts and practices. Voluntary prison societies or
associations have worked effectively and harmoniously with
correctional agencies throughout the development of the correctional
system in the United States.
The main function of the early volunteer organizations in the
correctional field was the investigation and reform of noxious prison
conditions. The Pennsylvania Prison Society, which was founded in
1707, was mainly organized to “alleviate miseries of the public prisons.”
The Prison Association of New York founded in 1844 was definitely
organized to extend relief to discharged prisoners.
The development of new techniques and new understanding
of the needs of the offenders during the last few years had changed and
modified the functions of prisoners aid associations. In the last few
decades, as social casework methods have been developed and refined,
emphasis on prisoner’s aid have shifted to helping the individual
prisoner gain insight into his difficulties and developing strength within
himself in order that he may become a law-abiding and useful citizen. As
a result, the number of privately operated prisoners aid societies has
decreased. Among the few organizations that have remained active in
this type of work are the John Howard Societies in the Unite States,
Canada, and come European countries, and the Elizabeth fry societies in
Canada. The International Aid Association, which is an affiliate of the
American Correctional Association, serves the important function of a
coordinating agency and provides services useful to existing and
proposed agencies.
In the Philippines a few volunteer agencies that are working
in prisons and jails are the religious groups with religious motivators. A
few years ago, civic-minded citizens interested to help the families of
prisoners as well as ex-prisoners launched Friendship Incorporated.
This association gets its funds from private donations and
contributions. The Philippines Charity Sweepstakes allots one
sweepstake draw a year to supplement the funds of the association.
Services so far rendered by this association have been limited to finding
jobs for the few ex-prisoners, and providing limited financial aid to ex-
prisoners getting started in life.
Voluntary agencies rendering services in the correctional
field are very effective as public information media. Correctional
agencies have very limited resources for disseminating to the public
whatever gains they have accomplished toward the improvement of
correctional methods. Volunteer agencies contribute in public
information and information programs as well as help mobilize public
opinion toward improved correctional methods. Private aid agencies
provide leadership and work with welfare and social agency councils,
universities, schools of social work and other professional societies.
They conduct public information programs through the assignment of
speakers, preparation of radio and television programs.
Sponsorship of various projects in cooperation with the jails
and prisons. Some of the services that prisoners’ aid societies render
are the following:
1. Free legal services – Defendants who cannot afford to hire a
lawyer may be given free legal services through prisoner’s aid
societies.
2. Casework treatment services may be rendered in the form
of unemployment service. Vocational counseling, temporary
lodging, meals, and purchase of tools.
3. Visitation service – Some agencies visits jails and prisons to
discuss personal problems with prisoners desiring their help,
referring suitable cases to the legal aid society for free legal
assistance, and working in close cooperation with the
institutional authorities.
4. Pre-release preparations – Some agencies have developed
and offered pre-release information programs for prisoners
about to leave prison.
5. Voluntary prisoner’s aid societies serve valuable functions
in the development of community understanding of the
needs of the prisoner and ex-prisoner.
6. Legislation – Private voluntary agencies have been
instrumental in stimulating and in the passage of legislations
to establish more adequate correctional institutions and
facilities.
7. Correctional agency referrals – Individual counseling and
casework services are made available to the prisoner and his
family from time to arrest to the time of release from legal
control. Correctional programs are more recognized as the
responsibility of the total community. The prisoners’ aid
agency provides a workable and convenient channel for
inter-agency communications and referrals.
 and children hereinabove authorized, the superintendent of
the colony may furnish a special reward to such colonists as
in his opinion may merit the same, reasonable amount of
LAWS GOVERNING THE CORRECTION OF CRIMINALS
clothing and ordinary household supplies to be paid out of
the regular appropriation for the maintenance of the Iwahig
Important Features of the Revised Administrative Code of the
Penal Colony. Sources of this character may also be made by
Philippines
way of loan, subject to repayment if the financial condition of
the colonist at a later date should warrant.
 Sec. 1705 Title of Chapter – This chapter shall be known as
the Prison Law.
 Sec. 1716 Participation of colonists in proceeds of products –
Products grown, manufactured, or otherwise produced by the
 Sec. 1706 Chief Officials of the Bureau of Prisons – The
colonists may be sold under the supervision of the
Bureau of Prisons shall have one chief and one assistant chief,
superintendent; and subject to such regulations as may be
to be known respectively as the Director of Prisons, and the
prescribed in reference thereto, the persons producing the
Assistant Director of the Prisons. These officers shall be
same may be allowed such part of the proceeds thereof as
supplied with furnished quarter at the main prison and shall
shall be approved by the Department Head.
be allowed laundry service and such other services as shall
be sanctioned by the Department Head.
 Sec. 1717 Monthly allowance in cash – Colonists occupying
positions of special trust may, with the approval of the
 Sec. 1707 General Jurisdiction of Bureau of Prisons shall have
Department Head, be granted a monthly allowance in cash,
the general supervision and control of National Provincial
not exceed five pesos, or an equivalent amount of supplies
prisons of all penal settlements and shall be charged with the
from the general store, to repaid for from the regular
safekeeping of all prisoners confined therein or committed to
appropriation for contingent expenses of the Iwahig Penal
the custody of said Bureau.
Colony.
 Sec. 1708 Main Prison – In the main prison shall be confined
 Sec. 1718 Right of released colonists to remain in colony – On
all national prisoners except as otherwise provided by law or
the expiration of the sentence of any colonists he may, subject
regulations. This prison may also be used as a place of
to the regulation, be allowed to continue to reside upon the
detention for other classes of prisoners or for the temporary
reservation and to cultivate land occupy a house to be
safekeeping of any person detained upon legal process.
designated and selected by the superintendent of the colony.
 Sec. 1709 Iwahig Penal Colony – In the Iwahig Reservation, in
 Sec. 1719 Supply store for Iwahig Penal Colony – The Director
the Province of Palawan, there shall be maintained an
of Prisons, with the approval of the Department Head, shall
institution subsidiary to the main prison, to be known as the
establish and maintain a general store for the sale of
Iwahig Penal Colony. In this colony shall be kept such
merchandise which may be required by the residents of the
prisoners as may be transferred thereto from the main
settlement, and for their own profit. Colony produce may be
prisons in accordance with the regulations to be prescribed
sold to others than residents of the settlement should there
The Director of Prisons, with the approval of the Department
be more to be disposed of than is required for the use of the
Head, shall establish and maintain a general store for the sale
colony and the main prisons. The supply store fund shall be
of merchandise which may be required by the residents of
reimbursable, the receipts from the business of the supply
the settlement, and for their own profit. Colony produce may
store being available for the payment of the costs of supply
be sold to others than residents of the settlement should
and other expenses incident to the conduct of said store,
there be more to be disposed of than is required for the use of
without reappropriation.
the colony and Sec. 1710 Superintendent of the colony –
Justice of the Peace. The Iwahig Penal Colony shall be under
 Sec. 1720 San Ramon Penal Farm – A penal farm shall be
the immediate supervision of a superintendent, who shall be
maintained at San Ramon, in the Province of Zamboanga , for
an “exofficio” justice of the peace and shall, within the limits
the confinement of national prisoners and such other
of the colony, have jurisdiction and all powers conferred upon
prisoners as may be remitted thereto in accordance with law.
justices of the peace by the laws of the Philippines. (No
The Director of Prisons shall have authority to designate the
longer applicable)
superintendent of the San Ramon Penal Farm as a summary
court officer, by whom members of the San Ramon Penal
 Sec .1711 privileges based upon behavior and services –
Farm guard may be tried for violation of the regulations
Persons detained at the Iwahig Penal Colony shall be known
governing the same for willful or neglectful waste, loss or
as colonists, and they may be divided into classes and graded
destruction of arm, immunizations or accounterments, for
according to conduct, efficiency, and length of services and
disobedience or disrespect toward their superior officers,
subject to such regulations as shall be prescribed in reference
absence from quarters of duty without leave, drunkenness,
thereto, they may be granted such extraordinary privileges as
abandonment of employment without having secured proper
in the in the judgment of the superintendent of the colony
release, willful violation or neglect of duty, or misconduct to
their conduct, behavior, habits of industry, and length of
the prejudice of good order and discipline. The punishment
service may justify.
which may be imposed by this summary court shall not
exceed the forfeiture of one month’s pay, or discharge.
 Sec. 1712 Fishing rights in water adjacent to colony – The
fishing right in the waters of the bay along the shore line of
 Sec. 1723 Detail of prisoners to public works – The President
the eastern boundary of the Iwahig Penal Colony, Island of
of the Philippines may from time to time, detail national
Palwan, for distance seaward of one and one quarter statute
prisoners to work in any part of the Philippines upon any
miles are reserved for the exclusive use of the government,
public work not within the purview of section one thousand
for the subsistence and maintenance of the colonist, the
seven hundred and twenty-seven hereof; and the Department
prison officials and their families in said colony, and such
Head shall fix the terms and conditions upon which any
pardoned or release colonist as may continue to reside
branch of the Government may receive the labor of such
therein.
national prisoners.
 Sec. 1713 Assignment of land and implements to colonists –
 Sec. 1724 Regulations of Bureau of Prisons – The regulations
Any colonist detained at the Iwahig Penal Colony may be
of the Bureau of Prisons shall contain such rules as well best
provisionally granted a suitable plot of land with in the
promote discipline in all national and provincial prisons and
reservation for the purpose of cultivating and improving the
penal institutions and best secure the reformation and safe
same, and may be deemed necessary for the proper
custody of prisoners of all classes.
cultivation of said land.
 Sec. 1714 Families of colonists – The Iwahig Colonists may,
 Sec. 1725 Duty of prison authorities to enforce sanitary
subject to the regulations of the Bureau governing the colony,
orders of Director of Health – The Officers in charge of all
be allowed to have their wives, children, and women to whom
prisons, penal settlements, jails and other places of
they are to be married, transported to the colony at
confinement shall comply and cause to be executed all
government expense and to have their families live on the
sanitary orders, and put into force all sanitary regulations
reservation. Such privileges may, in any case, be revoked at
issued by the Director of Health for their several institutions.
any time by order of the superintendent of the colony, with
the approval of the Director of Prisons. All members of the
 Sec. 1726 Mode of treatment of prisoners – Prisoners shall be
families of colonists living on the reservation shall be subject
treated with humanity. Juvenile prisoners shall be kept, if the
to the regulations governing the colony.
jail will admit of it, in apartment separate from those
containing prisoners of more than eighteen years of age; and
 Sec. 1715 Clothing and household supplies for colonists’
the different sexes shall be kept apart. The visits of parents
families – In addition to the subsistence for colonists’ wives
and friends who desire to exert a moral influence over
 prisoners shall at all reasonable times be permitted under
proper regulations.
 Sec. 1727 Liability of prisoners to labor – All convicted able
bodied, male prisoners not over sixty years of age, may be
compelled to work in and about prisons, jails public
buildings, ground, roads and other public works of the
National Government the province, or the municipalities,
under general regulations to be prescribed by the Director of
Prisons, with the approval of the Department Head. Persons
detained on civil process or confined for contempt of court
and persons detained pending a determination of their
appeals may be compelled to police their cells and to perform
such other labor as may be deemed necessary for hygienic or
sanitary reasons.
 Sec. 1728 Assignment of women to work – Convicted female
prisoners may be assigned to work suitable to their age, sex,
and physical condition.
 Sec. 1729 Provincial Jails –– A jail for the safe keeping of
prisoners shall be maintained at the capital of each province:
and in the absence of special provisions all expenses
incidents to the maintenance thereof and of maintaining
prisoners therein be borne by the province.
 Sec. 1730 Visitation and inspection of provincial jails ─ The
Judge of the Court of First Instance and the Provincial Board
shall, as often as the Judge of the Court of First Instance is
required to hold court in the province, make personal
inspection of the provincial jail as to the sufficiency thereof
for the safekeeping and reformation of prisoners, their
proper accommodation and health, and shall inquire into the
manner in which the same has been kept since the last
inspection. A report of such visitation shall be submitted to
the Secretary of Justice, who shall forward the same or a copy
thereof to the Director of Prisons. Once during each month
the senior inspector of constabulary in the province shall
visit the provincial jail and make report upon its condition to
the Director of Prisons.
 Sec. 1731 Provincial governor as keeper of jail – The
governor of the province shall be charged with the keeping of
the provincial jail and it shall be his duty to administer the
same in accordance with law and the regulations prescribed
for the government of provincial prisons. The immediate
custody and supervision of the jail may be committed to the
care of a jailer to be appointed by the provincial governor.
The position of jailer shall be regarded as within the
unclassified civil service but may be filled in the manner in
which classified positions are filled, and if so filled, the
appointee shall be entitled to all the benefits and privileges of
classified employee, except that he shall hold office only
during the term of office of jailer is appointing governor and
until a successor in the office of jailers is appointed and
qualified, unless sooner separated. The provincial governor
shall, under the direction of the provincial board and at the
expense of the province, supply proper food and clothing for
the prisoners, through the provincial board may, in its
discretion, let the contract for the feeding of the prisoners, to
some other person.
 Sec. 1732 Amount of allowance for feeding of prisoners – The
ordinary allowance to be made by the provincial board for
the feeding of prisoners by the governor of the province or
such other person as may have the contract therefore shall, in
case of persons arrested on criminal process, not exceed
twenty centavos each per day; but the provincial board may
pay more when necessary to the proper maintenance of the
prisoners. The compensation for the support of the prisoner
arrested on civil process shall be at the rate of forty centavos
per day, to be advance weekly to the jailer by the plaintiff in
the civil process, and to be taxable as costs.
 Sec. 1733 Record of prisoners to be kept by jailer – The
governor, or the jailer appointed him, shall kept a true and
exact record of all prisoners committed to the provincial
prisoners awaiting trial before the Court of First Instance
detained in any municipal jail of the province which record
shall contain the names of all persons who are committed,
their place of abode, the time of commitment, the cause of
their commitment, the authority that committed them, and
the description of their persons, and when any prisoner is
liberated such calendar shall state the time when and the
authority by which such liberation took place; if any prisoner
shall escape, it shall state particularly the time and manner of
escape; if any prisoner shall die, the date and cause of his
death shall be entered on the record.
 Sec. 1734 Submission of record to court – At the opening of
each term of the Court of First Instance within his province,
the governor shall return a copy of such record under his
name to the judge of such court; and if the same be not
forthcoming, it shall be the duty of the judge to require its
production under penalty of contempt.
 Sec. 1735 Transfer of custody of jail to Constabulary Officer –
In any province in which, in the opinion of the President, the
provincial jail is not safely guarded, shall have authority by
executive order to direct that the senior Constabulary Officer
of such province shall take custody of the jail under the
supervision of the provincial governor and guard the
prisoners therein, using for this purpose members of the
Philippine Constabulary as jail guards.
 Such action shall in no wise alter the liability of the province
for the expenses incident to the maintenance of prisoners or
the keeping, repair, and construction of the jail; but the
payment and subsistence of the Constabulary guard shall be
at the expense of the Constabulary.
 Sec. 1736 Preservation of documents relating to confinement
of prisoners – All warrants and documents of any kind, or
attested copies thereof, by which a prisoner is committed or
liberated, shall be regularly indorsed, filed and kept in a
suitable box by such governor or by his deputy acting as a
jailer, and such box, with its contents, shall be delivered to the
successor of the officer having charged of the prisoner.
 When a prisoner is confined by virtue of any process direct to
the governor or sheriff and which shall require to be returned
to the court whence it issued, such governor or sheriff shall
keep a copy of the same, duly certified by said governor or
sheriff, shall be presumptive evidence of his right to retain
such prisoner in his custody.
 Sec. 1737 transfer of prisoners to jail of neighboring province
– In case there should be no jail in any province or in case a
provincial jail of any province be insecure or insufficient for
the accommodation of all provincial prisoners, it shall be the
duty of the provincial board to make arrangements for the
safekeeping of the prisoners of the province with the
provincial board of same neighboring province in the jail of
such neighboring province , and when such arrangement has
been made it shall be the duty of the officer having custody of
the prisoner to commit him to the jail of such neighboring
province, and he shall be there detained with the same legal
effect as though confined in the jail of the province where the
offense for which he was arrested was committed.
 Sec. 1738 Use of jail for detention of fugitive from justice –
Any provincial jail may be used for the safekeeping of any
fugitive from justice from any province, and the jailer shall in
such case be entitled to receive the same compensation for
the support and custody of such fugitive from justice as is
provided for other prisoners, to be paid by the officer
demanding the custody of the prisoner, who shall be
reimbursed for such outlay as a part of the costs of the
prosecution.
 Sec. 1739 Persons deemed to be municipal prisoners – The
following persons are to be considered municipal prisoners:
 Persons detained or sentenced for violation of
municipal or city ordinances.
 Persons detained pending trial before justices of
peace or before municipal courts.
 Persons detained by order of a justice of the peace
or judge of municipal court pending preliminary
investigation of the crime charged, until the court
shall remand them to the Court of First Instance.
 Sec. 1740 Persons deemed to be provincial prisoners - The
following persons, not being municipal prisoners shall be
considered provincial prisoners: Persons detained pending
preliminary investigation before the Court of First Instance.
 Sec. 1741 National prisoners - Prisoners who are neither
municipal or provincial prisoners shall be considered
national prisoners, among whom shall be reckoned, any
event all persons sentenced for violation of the Customs Law
or other law within the jurisdiction of the Bureau of Customs
or enforceable by it, and for violation of the Election Law.
 Sec 1742. Confinement of Provincial prisoners in municipal
jails - When the sentence of the provincial prisoner does not
exceed three months, the provincial board may authorize his
confinement during such period in a municipal jail if in the
judgment of said board the public interest will be sub serve
thereby. Provincial boards, may, also, with the approval of the
Secretary of the Interior, direct the confinement of persons
detained pending preliminary investigation before a judge of
 the Court of First Instance in the jail of the municipality
where such investigation or trial is to be held, if no provincial
jail be located therein.
 Sec 1743. Confinement of municipal prisoners in provincial
jail - Provincial boards may, with the approval of the
President, direct the confinement of municipal prisoners in
provincial jails when by reason of the lack, inadequacy, or
when in their judgment such confinement would best sub
serve the public interest.
Important Features of Presidential Decree No. 968
 Sec. 1744 Expense of maintenance - Except as otherwise
specifically provided the expense of the maintenance of
prisons shall be borne as follows; regardless of the placed of
confinement: in the case of the municipal prisoner, by the city
or municipality in which the offense with which the prisoner
is charged or of which he stands convicted was committed: in
the case of a provincial prisoner, by the province in which the
offense was committed; and in the case of the national
prisoner, by the Bureau of Prisons.
 Sec. 1745 Status of prisoners as affected by parole, allowance
of good behavior, etc. - The provision of law relative to
paroles, conditional pardons, and the diminution of
sentences for good behavior shall not be construed to change
the original status of prisoners or to affect liability for their
maintenance.
 Sec. 1746 Status of prisoner as affected by appeal - Pending
an appeal, the status of a prisoner shall not be changed, and
whenever upon appeal to, or review by, a higher court, the
status of a prisoner, as herein before fixed, shall be changed
by an increase or diminution of his sentence, the
responsibility of the National Government or the provinces or
municipalities, as the case may before the maintenance of
such prisoner due to such change in sentence shall take effect
from the date of judgment of the higher court and shall not be
retroactive.
 Sec. 1747 Transportation expenses payable by municipality -
All actual and necessary expenses incurred in the
transportation and guarding the subsistence of prisoners
during transportation, from municipal jails, except the
expenses of the Constabulary escorts, if any, shall be paid
from the funds of the proper municipality.
 Sec. 1748 Transportation expenses payable by province - All
actual and necessary expenses incurred in the transportation,
and guarding the subsistence during transportation, of
national prisoners from provincial jails to a National Prison,
reformatory, or national penal institution, except the
expenses of the Constabulary escort, if any there be, shall be
borne by the proper province.
 Sec. 1749 Return transportation to be borne by Bureau of
Prisons - The return transportation of all discharged national
prisoners from their place of confinement to their homes
shall be paid out of the appropriation for the Beau of Prisons,
except as otherwise specially provided.
 Sec. 1750 Transfer of prisoners from provincial or municipal
jail to national prison or vice-versa - When, in the discretion
of the President of the Philippines, the unsanitary or insecure
condition of any provincial or municipal jail makes it
advisable or when the public interests require, he may
transfer to any national prison or penal institution all or any
of the prisoners committed to such jail, and may also direct
the return of said prisoners to provincial or municipal jails
when deemed expedient. The President of the Philippines
may also, whenever in his opinion it will be to the best
interest of the province or municipality concerned, authorize
the confinement of any prisoner sentenced to less than three
months imprisonment, including subsidiary imprisonment,
in the jail of the municipality wherein the prisoner may have
been convicted. The order of commitment of such prisoners,
together with a copy of the order directing their transfer,
shall accompany the prisoners and be delivered with them to
the officer in charge of the penal institution to which they are
sent. The expenses of the transportation, guarding,
subsistence, care, and maintenance of any prisoner
transferred to any national prison or penal institution, or
returned to any province for trial or for appearance as a
witness or otherwise hereunder shall be a charged against
the treasury of the province from which he was transferred;
and the amount of said expenses shall be fixed by the
Department Head, with the approval of the President of the
Philippines.
 Sec. 1751 Transportation and clothes for released prisoners -
Upon the release of a national prisoner he shall be supplied
by the Bureau of Prisons with transportation to his home,
including a gratuity to cover the probable cost of subsistence
enroute, and if necessary, a suit of clothes of the value of not
more than ten pesos, or in case the prisoner is deported, of
not more than forty pesos.
 Section 1. Title and Scope of the Decree. — This Decree shall
be known as the Probation Law of 1976. It shall apply to all
offenders except those entitled to the benefits under the
provisions of Presidential Decree numbered Six Hundred and
three and similar laws.
 Sec. 2. Purpose. — This Decree shall be interpreted so as to
promote the correction and rehabilitation of an offender by
providing him with individualized treatment; provide an
opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence;
and. (c) prevent the commission of offenses.
 Sec. 3. Meaning of Terms. — As used in this Decree, the
following shall, unless the context otherwise requires, be
construed thus:
(a)
"Probation" is a disposition under which a defendant, after
conviction and sentence, is released subject to
conditions imposed by the court and to the supervision
of a probation officer
(b)
"Probationer" means a person placed on probation.
(c)
"Probation Officer" means one who investigates for the
court a referral for probation or supervises a
probationer or both.
 Sec. 4. Grant of Probation. — Subject to the provisions of this
Decree, the court may, after it shall have convicted and
sentenced a defendant and upon application at any time of
said defendant, suspend the execution of said sentence and
place the defendant on probation for such period and upon
such terms and conditions as it may deem best. Probation
may be granted whether the sentence imposes a term of
imprisonment or a fine only. An application for probation
shall be filed with the trial court, with notice to the appellate
court if an appeal has been taken from the sentence of
conviction. The filing of the application shall be deemed a
waiver of the right to appeal, or the automatic withdrawal of
a pending appeal. An order granting or denying probation
shall not be appealable.
 Sec. 5. Post-sentence Investigation. — No person shall be
placed on probation except upon prior investigation by the
probation officer and a determination by the court that the
ends of justice and the best interest of the public as well as
that of the defendant will be served thereby.
 Sec. 6. Form of Investigation Report. — The investigation
report to be submitted by the probation officer under Section
5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.
 Sec. 7. Period for Submission of Investigation Report. — The
probation officer shall submit to the court the investigation
report on a defendant not later than sixty days from receipt
of the order of said court to conduct the investigation. The
court shall resolve the petition for probation not later than
five days after receipt of said report. Pending submission of
the investigation report and the resolution of the petition, the
defendant may be allowed on temporary liberty under his
bail filed in the criminal case; Provided, That, in case where
no bail was filed or that the defendant is incapable of filing
one, the court may allow the release of the defendant on
recognize to the custody of a responsible member of the
community who shall guarantee his appearance whenever
required by the court.
 Sec. 8. Criteria for Placing an Offender on Probation. — In
determining whether an offender may be placed on
probation, the court shall consider all information relative, to
the character, antecedents, environment, mental and physical
condition of the offender, and available institutional and
community resources. Probation shall be denied if the court
finds that:
  the offender is in need of correctional treatment
that can be provided most effectively by his
commitment to an institution; or
 there is undue risk that during the period of
probation the offender will commit another crime;
or.
 probation will depreciate the seriousness of the
offense committed.
 Sec. 9. Disqualified Offenders. — The benefits of this Decree
shall not be extended to those:
 sentenced to serve a maximum term of
imprisonment of more than six years;
 convicted of any offense against the security of the
State;
 who have previously been convicted by final
judgment of an offense punished by imprisonment
of not less than one month and one day and/or a
fine of not less than Two Hundred Pesos;
 who have been once on probation under the
provisions of this Decree; and
 who are already serving sentence at the time the
substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
 Sec. 10. Conditions of Probation. — Every probation order
issued by the court shall contain conditions requiring that the
probationer shall:
 present himself to the probation officer designated
to undertake his supervision at such place as may
be specified in the order within seventy-two hours
from receipt of said order;.
 report to the probation officer at least once a
month at such time and place as specified by said
officer.
 The court may also require the probationer to:
 cooperate with a program of supervision;
 meet his family responsibilities;
 devote himself to a specific employment and not to
change said employment without the prior written
approval of the probation officer;
 undergo medical, psychological or psychiatric
examination and treatment and enter and remain
in a specified institution, when required for that
purpose;.
 pursue a prescribed secular study or vocational
training;
 attend or reside in a facility established for
instruction, recreation or residence of persons on
probation;
 refrain from visiting houses of ill-repute;
 abstain from drinking intoxicating beverages to
excess;
 permit the probation officer or an authorized
social worker to visit his home and place of work;
 reside at premises approved by it and not to
change his residence without its prior written
approval; or
 satisfy any other condition related to the
rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience.
 Sec. 11. Effectivity of Probation Order. — A probation order
shall take effect upon its issuance, at which time the court
shall inform the offender of the consequences thereof and
explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of
another offense, he shall serve the penalty imposed for the
offense under which he was placed on probation.
 Sec. 12. Modification of Condition of Probation. — During the
period of probation, the court may, upon application of either
the probationer or the probation officer, revise or modify the
conditions or period of probation. The court shall notify
either the probationer or the probation officer of the filing of
such an application so as to give both parties an opportunity
to be heard thereon. The court shall inform in writing the
probation officer and the probationer of any change in the
period or conditions of probation.
 Sec. 13. Controls and Supervision of Probationer. — The
probationer and his probation program shall be under the
control of the court that placed him on probation subject to
actual supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place
under the jurisdiction of another court, control over him shall
be transferred to the Executive Judge of the Court of First
Instance of that place, and in such a case, a copy of the
probation order, the investigation report and other pertinent
records shall be furnished said Executive Judge. Thereafter,
the Executive Judge to whom jurisdiction over the
probationer is transferred shall have the power with respect
to him that was previously possessed by the court, which
granted the probation.
 Sec. 14. Period of Probation.
 The period of probation of a defendant sentenced
to a term of imprisonment of not more than one
year shall not exceed two years, and in all other
cases, said period shall not exceed six years.
 When the sentence imposes a fine only and the
offender is made to serve subsidiary
imprisonment in case of insolvency, the period of
probation shall not be less than nor to be more
than twice the total number of days of subsidiary
imprisonment as computed at the rate established,
in Article thirty-nine of the Revised Penal Code, as
amended.
 Sec. 15. Arrest of Probationer; Subsequent Disposition. — At
any time during probation, the court may issue a warrant for
the arrest of a probationer for violation of any of the
conditions of probation. The probationer, once arrested and
detained, shall immediately be brought before the court for a
hearing, which may be informal and summary, of the
violation charged. The defendant may be admitted to bail
pending such hearing. In such a case, the provisions
regarding release on bail of persons charged with a crime
shall be applicable to probationers arrested under this
provision. If the violation is established, the court may revoke
or continue his probation and modify the conditions thereof.
If revoked, the court shall order the probationer to serve the
sentence originally imposed. An order revoking the grant of
probation or modifying the terms and conditions thereof
shall not be appealable.
 Sec. 16. Termination of Probation. — After the period of
probation and upon consideration of the report and
recommendation of the probation officer, the court may order
the final discharge of the probationer upon finding that he
has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated. The final discharge
of the probationer shall operate to restore to him all civil
rights lost or suspend as a result of his conviction and to fully
discharge his liability for any fine imposed as to the offense
for which probation was granted. The probationer and the
probation officer shall each be furnished with a copy of such
order.
 Sec. 17. Confidentiality of Records. — The investigation
report and the supervision history of a probationer obtained
under this Decree shall be privileged and shall not be
disclosed directly or indirectly to anyone other than the
Probation Administration or the court concerned, except that
the court, in its discretion, may permit the probationer of his
attorney to inspect the aforementioned documents or parts
thereof whenever the best interest of the probationer makes
such disclosure desirable or helpful: Provided, Further, That,
any government office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies of
said documents for its official use from the proper court or
the Administration.
 Sec. 18. The Probation Administration. — There is hereby
created under the Department of Justice an agency to be
known as the Probation Administration herein referred to as
the Administration, which shall exercise general supervision
over all probationers. The Administration shall have such
staff, operating units and personnel as may be necessary for
the proper execution of its functions.
 Sec. 19. Probation Administration. — The Administration
shall be headed by the Probation Administrator, hereinafter
referred to as the Administrator, who shall be appointed by
the President of the Philippines. He shall hold office during
good behavior and shall not be removed except for cause. The
Administrator shall receive an annual salary of at least forty
thousand pesos. His powers and duties shall be to:
 act as the executive officer of the Administration;
 exercise supervision and control over all probation
officers;
 make annual reports to the Secretary of Justice, in
such form as the latter may prescribe, concerning
the operation, administration and improvement of
the probation system;
  promulgate, subject to the approval of the
Secretary of Justice, the necessary rules relative to
the methods and procedures of the probation
process;
 recommend to the Secretary of Justice the
appointment of the subordinate personnel of his
Administration and other offices established in
this Decree; and
 generally, perform such duties and exercise such
powers as may be necessary or incidental to
achieve the objectives of this Decree.
 Sec. 20. Assistant Probation Administrator. — There shall be
an Assistant Probation Administrator who shall assist the
Administrator performs such duties as may be assigned to
him by the latter and as may be provided by law. In the
absence of the Administrator, he shall act as head of the
Administration. He shall be appointed by the President of the
Philippines and shall receive an annual salary of at least
thirty-six thousand pesos.
 Sec. 21. Qualifications of the Administrator and Assistant
Probation Administrator. — To be eligible for Appointment as
Administrator or Assistant Probation Administrator, a person
must be at least thirty-five years of age, holder of a master's
degree or its equivalent in either criminology, social work,
corrections, penology, psychology, sociology, public
administration, law, police science, police administration, or
related fields, and should have at least five years of
supervisory experience, or be a member of the Philippine Bar
with at least seven years of supervisory experience.
 Sec. 22. Regional Offices; Regional Probation Officer. — The
Administration shall have regional offices organized in
accordance with the field service area patterns established
under the Integrated Reorganization Plan. Such regional
offices shall be headed by a Regional Probation Officer who
shall be appointed by President of the Philippines in
accordance with the Integrated Reorganization Plan and
upon the recommendation of the Secretary of Justice. The
Regional Probation Officer shall exercise supervision and
control over all probation officers within his jurisdiction and
such duties as may be assigned to him by the Administrator.
He shall have an annual salary of at least twenty-four
thousand pesos. He shall, whenever necessary, be assisted by
an Assistant Regional Probation Officer who shall also be
appointed by the President of the Philippines, upon
recommendation of the Secretary of Justice, with an annual
salary of at least twenty thousand pesos.
 Sec. 23. Provincial and City Probation Officers. — There shall
be at least one probation officer in each province and city
who shall be appointed by the Secretary of Justice upon
recommendation of the Administrator and in accordance
with civil service law and rules. The Provincial or City
Probation Officer shall receive an annual salary of at least
eighteen thousand four hundred pesos. His duties shall be to:
 investigate all persons referred to him for
investigation by the proper court or the
Administrator;
 instruct all probationers under his supervision or
that of the probation aide on the terms and
conditions of their probations;
 keep himself informed of the conduct and
condition of probationers under his charge and
use all suitable methods to bring about an
improvement in their conduct and conditions;
 maintain a detailed record of his work and submit
such written reports as may be required by the
Administration or the court having jurisdiction
over the probationer under his supervision;
 prepare a list of qualified residents of the province
or city where he is assigned who are willing to act
as probation aides;
 supervise the training of probation aides and
oversee the latter's supervision of probationers;
 exercise supervision and control over all field
assistants, probation aides and other personnel;
and
 perform such duties as may be assigned by the
court or the Administration.
 Sec. 24. Miscellaneous Powers of Provincial and City
Probation Officers. — Provincial or City Probation Officers
shall have the authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take
depositions in connection with their duties and functions
under this Decree. They shall also have, with respect to
probationers under their care, the powers of a police officer.
 Sec. 25. Qualifications of Regional, Assistant Regional,
Provincial, and City Probation Officers. — No person shall be
appointed Regional or Assistant Regional or Provincial or
City Probation Officer unless he possesses at least a
bachelor's degree with a major in social work, sociology,
psychology, criminology, penology, corrections, police
science, police administration, or related fields and has at
least three years of experience in work requiring any of the
abovementioned disciplines, or is a member of the Philippine
Bar with at least three years of supervisory experience.
Whenever practicable, the Provincial or City Probation
Officer shall be appointed from among qualified residents of
the province or city where he will be assigned to work.
 Sec. 26. Organization. — Within twelve months from the
approval of this Decree, the Secretary of Justice shall organize
the administrative structure of the Administration and the
other agencies created herein. During said period, he shall
also determine the staffing patterns of the regional,
provincial and city probation offices with the end in view of
achieving maximum efficiency and economy in the
operations of the probation system.
 Sec. 27. Field Assistants, Subordinate Personnel. —
Provincial or City Probation Officers shall be assisted by such
field assistants and subordinate personnel as may be
necessary to enable them to carry out their duties effectively.
 Sec. 28. Probation Aides. — To assist the Provincial or City
Probation Officers in the supervision of probationers, the
Probation Administrator may appoint citizens of good repute
and probity to act as probation aides. Probation Aides shall
not receive any regular compensation for services except for
reasonable travel allowance. They shall hold office for such
period as may be determined by the Probation Administrator.
Their qualifications and maximum caseloads shall be
provided in the rules promulgated pursuant to this Decree.
 Sec. 29. Violation of Confidential Nature of Probation
Records. — The penalty of imprisonment ranging from six
months and one day to six years and a fine ranging from six
hundred to six thousand pesos shall be imposed upon any
person who violates Section 17 hereof.
Philippine Correctional Philosophies and their Legal Basis
The Philippine Constitution of 1997
1. The
state values the dignity of every human person and
guarantees full respect for human rights. (Sec 11, Art. II)
2. No
person shall be detained solely by reason of his political
beliefs and aspirations. (Sec 18 (1), Art. III)
3. No
involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have
been fully convicted. (Sec. 18 (2), Ibid.)
4. Excessiv
e fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. x x x (Sec. 19 (2). Ibid.)
5. The
employment of physical, psychological, or degrading
punishment against any prisoner or the use of
substandard or inadequate penal facilities under
subhuman conditions shall be dealt by law. (Sec.19 (2),
Ibid.)
Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)
1. The purpose of committing a prisoner to prison is two-
fold: To segregate from society a person who by his acts has proven
himself a danger to the free community, To strive at the correction or
rehabilitation of the prisoner with the hope that upon his return to
society he shall be able to lead a normal well adjusted and self
supporting life as a good and law abiding citizen.
2. There is no man who is all bad and there is something good
in all men. (Art. I)
The Revised Penal Code
“No felony shall be punishable by any penalty not prescribed
by law prior to its commission”. (Art. 21, RPC)

Delay in the Delivery of Detained Persons to the Proper
Judicial Authorities.
(Art 125, RPC), A felony committed by a public officer or
employee who shall detain any person for some legal ground and shall
fail to deliver such person to the proper judicial authorities with in the
period of:
12 hours – for crimes or offenses punishable by light
penalties,
18 hours – for crimes or offenses punishable by correctional
penalties,
36 hours – for crimes or offenses punishable by afflictive or
capital penalties.
The crime of Arbitrary Detention is committed when the
detention of a person is without legal ground.
The legal ground of detention are : a) commission of a crime
and b) violent insanity or other ailment requiring compulsory
requirement.
Delaying Release
This is committed by a public officer or employee who delays
for the period of time specified in Art 125, the performance of any
judicial or executive order for the release of a prisoner or unduly delays
the services of the notice of such order to said prisoner.
Delivery of Prisoners from Jail (Art. 156, RPC)
Elements:
a) The offender is a private individual,
b) He removes a person confined in jail or a penal institution
or helps in the escape of such person,
c) The means employed are violence, intimidation, bribery or
any other means.
The prisoner maybe a detention or sentenced prisoner and
the offender is an outsider to the jail. If the offender is a public officer or
a private person who has the custody of the prisoner and who helps a
prisoner under his custody to escape, the felony is Conniving with or
Consenting to Evasion (Art. 223) and Escape of a Prisoner under the
custody of a person not a public officer (Art. 225) respectively.
This offense like other offenses of similar nature may be
committed through imprudence or negligence.
Evasion of Service of Sentence (Art 157-159, RPC)
1. Evasion of Service under Art 157, RPC
Elements:
a) Offender is a prisoner-
serving sentence involving deprivation of liberty by
reason of final judgment.
b) He evades the service of
his sentence during the term of his imprisonment.
This felony is qualified when the evasion takes place by
breaking doors, windows, gates, roofs or floors; using picklocks, false
keys, disguise, deceit, violence, intimidation or; connivance with other
convicts or employees of the penal institution. (Jail breaking is
synonymous with evasion of sentence).
2. Evasion of Service of Sentence on the Occasion of Disorders
due to Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC)
Elements:
a) Offender is a prisoner
serving sentence and is confined in a penal institution.
b) He evades his sentence by
leaving the institution.
c) He escapes on the occasion
of a disorder due to conflagration, earthquake,
explosion, or similar catastrophe or mutiny in which he
has not participated, and
d) He fails to give himself up
to the authorities with in 48 hours following the
issuance of a proclamation by the Chief Executive
regarding the passing away of the calamity.
A special time allowance for loyalty shall be granted. A
deduction of one-fifth of the period of the sentence of any prisoner who
evaded the service of sentence under the circumstances mentioned
above. The purpose of the law in granting a deduction of one-fifth (1/5)
of the period of sentence is to reward the convict’s manifest intent of
paying his debts to society by returning to prison after the passing away
of the calamity.
Whenever lawfully justified, the Director of Prisons (Bureau
of Corrections) shall grant allowance for good conduct and such
allowances once granted shall not be revoked.
3. Other cases of Evasion of Service of Sentence (Art. 159,
RPC)
The violation of any conditions imposed to a Conditional
Pardon is a case of evasion of service of sentence.
The effect of this is, the convict may suffer the unexpired
portion of his original sentence
Infidelity of Public Officers
1. Infidelity in the Custody of Prisoners Through
Connivance (Art.223, RPC) - A felony committed by any
public officer who shall consent to the escape of a
prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through
Negligence (Art. 224, RPC) - A felony committed by a
public officer when the prisoner under his custody or
charge escaped through negligence on his part.
3. Escape of a Prisoner under the Custody of a Person not
a Public Officer. (Art 225, RPC)
Other Offenses or Irregularities by Public Officers
1. Maltreatment of Prisoner (Art. 235, RPC)
Elements:
a) Offender is a public officer
or employee
b) He overdoes himself in the
correction or handling of such prisoner by
imposition of punishment not authorized by
regulation or by inflicting such punishment in
a cruel and humiliating manner.
The felony of Physical Injuries if committed if the accused
does not have the charge of a detained prisoner and he maltreats him.
And if the purpose is to extort a confession, Grave Coercion will be
committed.
Good Conduct Time Allowance (GCTA)
Good conduct time allowance is a privilege granted to a
prisoner that shall entitle him to a deduction of his term of
imprisonment. Under Art.97, RPC, the good conduct of any prisoner in
any penal institution shall entitle him to the following deduction from
the period of his sentence:
1. During
the first two years of his imprisonment, he shall be
allowed a deduction of 5 days for each month of good
behavior.
2. During
the third to the fifth years of his imprisonment, he shall
be allowed a deduction of 8 days each month of good
behavior.
3. During
the following years until the tenth years of his
imprisonment, he shall be allowed a deduction of 10
days each month of good behavior.
4. During
the eleventh and the successive years of his
imprisonment, he shall be allowed a deduction of 15
days each month of good behavior.
APPROACHES IN CORRECTION ADMINISTRATION
Any of the approaches or models of prison management that
will be presented under this part serves as an additional information on
the need to manage those who are considered outcast of society, the
prisoners.
Just as justifications for the criminal sanction have influenced
sentencing decisions, correctional models have been developed to
describe the purposes and approaches to be used in handling prisoners.
Although models may provide a set of rationally linked criteria and
aims, the extent to which a given model is implemented is a matter for
empirical investigation.
Researchers have revealed a variety of prison management
styles. Dr. George Beto for example adopted a Control Model of prison
management, which emphasizes prisoner obedience, work and
education (Sahara, 1988). Others have exemplified the Responsibility
Model of prison management that stresses prisoners responsibility for
their own actions, not administrative control to assure prescribed
behavior. Proper classification of inmates, according to this model,
permits placing prisoners in the least restrictive prison consistent with
security, safety, and humane confinement. Prisoners should be given a
significant degree of freedom and then held to account for their actions
(Sahara, 1988).
Other models of prison management have been prominent in
the last four decades. One is the Custodial Model, based on the
assumption that prisoners have been incarcerated for the protection of
society and for the purpose of incapacitation, deterrence and
retribution. It emphasizes maintenance and security and order through
the subordination of the prisoner to the authority of the warden.
Discipline is strictly applied and most aspect of behavior is regulated.
With the onset of the treatment orientation in corrections
during the 1950’s, the Rehabilitation Model of institutional
organization and prison management were developed. In prisons of this
sort, security and housekeeping activities are viewed primarily as a
framework for rehabilitative efforts. Professional treatment specialist
enjoys a higher status than other employees, in accordance with the
idea that all aspect of prison management should be directed towards
rehabilitation. During the past decade, with the rethinking of the goal of
rehabilitation, the number of institution geared toward that end has
declined. Treatment programs still do exist in most institutions, but
very few prisons can be said to conform under this model.
The Reintegration Model is linked to the structures and
goals of community corrections but has direct impact on prison
operations. Although an offender is confined in prison, that experience
is pointed toward reintegration into society. This kind of treatment
gradually give inmates greater freedom and responsibility during their
confinement and move them into a halfway house, work release
programs, or community correctional center before releasing them to
supervision. Consistent with the perspective of community corrections,
this model is based on the assumption that it is important for the
offender to maintain or develop ties with the free society. The entire
focus of this approach is on the resumption of a normal life (Clear and
Cole, 1986).
The effects of these management philosophies, on the basis of
existing research, appear positive (Sahara, 1988). However, defects
cannot be put aside. Many still believe that prisons are supposed to both
punish and rehabilitate prisoners to normal daily life and to protect the
society and other inmates from assaultive, escape-prone prisoners. This
conflicting goal leads to prison administrators offending vocal interest
groups. Measures taken to assure security or to punish prisoners
inevitably generate criticism from those who are committed to
rehabilitation. Actions taken to encourage prisoners rehabilitation
anger line officers, who have the direct responsibility of maintaining
prison security, and the large segment of the public that believe prisons
exist to punish offenders (Sahara, 1988).
The concept of a Total Institution developed by Erving
Goffman, has influenced much research on prisons. He stated that “the
prison, like other total institution, is a place of residence and work
where a large number of like-situated individuals, cut off from the wider
society for an appreciable period of time, together lead an enclosed,
formally administered round of life”. A total institution is one that
completely encapsulates the lives of the people who work and live there.
A prison must be such an institution in the sense that whatever
prisoners do or do not do begins and ends there; every minute behind
bars must be lived in accordance with the rules as enforced by the staff.
Adding to the totality of the prison is a basic split between the large
group of inmates. Those who have very limited contact with the outside
world and the small group of staff members who supervise the inmates
and yet are socially integrated with the outside world they live (Clear
and Cole, 1986). This concept of inmate treatment probably an
influence of the broad goals of incarceration. When we look at a prison,
it is natural to believe that retribution, incapacitation and deterrence
are the goals being advanced, but one also know that the most sought
after goal is the rehabilitation of offender.
In the late 18th Century, America employed penitentiary as a
means of protecting prisoners from moral contamination and restoring
them to habits of correct living (Johnson, 1987). This is considered as
the birth of a modern prison for purposes of the prisoner’s reformation
by protecting health and improving character. In the context of corporal
punishment, it seemed primitive and barbaric but these punishments
were the vestiges of the Old World (Johnson, 1987). In the New World,
by contrast, it was self-evident that a criminal was not a preordained
sinner. His fate was not sealed by the Almighty. He was instead a
product of the society. While a prisoner/sinner deserved punishment
for his crimes, he also deserved to be reclaimed by and for the society
(Johnson, 1987). The penitentiary, the first prison systematically
designed to harness pain in service of the reformation of men, thus
embodied a glorious reform dream, providing a new prison for a New
World (Clear and Cole, 1986). It is further essential to note that the
reformers or legislators who supported the penitentiary did so with one
firm criterion and that, the punishment is humane and not replicate the
brutal punishment of the past (Clear and Cole, 1986). The penitentiary
model of reformation applies two systems namely, the separate and the
congregate. The separate system used solitary confinement and
manual labor in which the prisoners were kept separate from one
another as well as from the outside world. The congregate system is
one in which the prisoners slept in solitary cells, worked together but
complete silence is observed. They are united but no moral connection
exists among them. They see without knowing each other. They are in a
society without mental intercourse because there was no
communication and hence no interaction (Clear and Cole, 1986).
The penitentiary was in practice, a custodial institution. It
demanded absolute obedience from criminals who have never learned
to respect limits, follow rules, or put in an honest day’s work and who,
moreover, were the filthy elements of the society.
Despite the theoretical emphasis on reform and the
widespread use of the terminology of rehabilitation, the actual
experience of imprisonment for most persons who are imprisoned in
this century has been simply punitive. From the mid-60s to the present,
a new prison type has emerged which is defined by the climate of
violence and predation on the part of the prisoners. Known simply as
the “violent prison”, it has been aptly described as a “human warehouse
with a junglelike underground” (Johnson, 1987).
In the management of prisons, one recognizes that the pain
suffered by the prisoners can create more prison management
problems rather than solve them. When prisoners feel pain, prisons
become hard to operate. According to Johnson (1987), in principle, it is
possible to escalate pain and break the will of the prisoners and to
resort into outright brutality and to run the prison on raw fear. He also
stated that prisons are meant to push and deter two goals that require
pain and discomfort even to the extent that conditions in jail are
restrictive and even harsh. They are part of the penalty that the criminal
offender must pay for his offenses against society. The constitution does
not even mandate comfortable prisons so indeed prisons cannot be free
from discomfort because by their very nature, always will be painful.
In the modern prisons, from the nineteenth century
penitentiary to today’s prison system, administrators are deceptive on
this score, preaching treatment but practicing punishment (Johnson,
1987). The New York’s famous Elmira Reformatory, for example, is often
described as the original model from which progressive penology
evolved. It was praised as a humanitarian “hospital” or “college on the
hill”, but pain as a fundamental fact of prison life was not acknowledged
as an Elmira’s ingredients. Although the system developed a new,
liberating reformatory and produced a kind of scientific penitentiary,
the system attributed largely on the result of fear (Johnson, 1987).
The brutality inside prisons in today’s world reflects a failure
of policy, a triumph of convenience over conscience, and a challenge to
responsible prison administrators. If our nurturing is defective, i.e.
unappreciative, inconsistent, lax, harsh and careless, one grows up
hostile and this hostility seems as much turned inward as it was turned
outward. The nurturing environments that produce this denigration of
self and others are the factors that breed criminality.
If this is what really appears to be, then when will man
realize the meaning of reformation or rehabilitation for prisoners? Does
it only end in wishful thinking?
Blumstein list five possible approaches that prison
administrators may take to deal with the prison crisis. Each approach
has economic, social and political costs, and each entails a different
amount of time for implementation and impact.
First, the proponent of the Null Strategy say that nothing
should be done, that prisons should be allowed to become increasingly
congested and staff should remain to maintain them with the
assumption that the problem is temporary and will disappear in time.
This, of course, may be the most politically acceptable approach in the
short run. In the long run, however, the approach may lead to riots as
prisoners take control of their situation and staff members become
demoralized. It may ultimately result in the courts declaring the
facilities unconstitutional and taking over their administration.
Philosophical opponents of incarceration may support this approach
because they fear that other strategies will only result in greater
numbers of persons imprisoned.
Second, proponents of the Selective Incapacitation strategy
argue that expensive and limited prison space with the necessary
number of staff to maintain them should be used more effectively by
targeting the individuals whose incarceration will do the most to reduce
crime. It shows that the incarceration of some career criminals has a
payoff in the prevention of multiple serious offenses.
Third, the Population-Reduction strategy incorporates
front door and back door strategies. Front-door strategies divert
offenders to non-incarcerative sanctions, among them, community
service, restitution, fines, and probation. Some critics contend, that even
if such alternative were fully incorporated into the correctional system, civilization and, “by our example, continue the work of civilizing prison
they would affect only first time, marginal offenders, as they are not management”(Johnson, 1987).
appropriate for serious criminals if crime control is a goal and has the
effect of widening the net so that a greater number of citizens come
under correctional supervision. While the Back-door strategies such as
detention, parole, work release and good behavior are devised to get
offenders out of the prison before the end of their terms in order to free
space for new comers.

Fourth, the Construction Strategy of building new facilities

to meet the demand for prison space for an advantageous prison
management. The approach comes to mind when legislators and
correctional officials confront the problem on prison crowding,
sanitation and prison violence to expand the size, number of facilities
and personnel.
But given contemporary financial restrictions, this strategy may not be
as feasible as it seems. Opponents of this approach of prison
management believe that given the nature of bureaucracy, prison cells
will always be filled as well as the conditions in prisons has detrimental
effect of incarceration on offenders.

Fifth, the Population-Sensitive Flow Control strategy urges

the sentencing be linked to the availability of prison space and
management staff, that policies be developed allowing the release of the
prisoners when prison facilities become crowded and staff are greatly
outnumbered to manage prisoners, and that each court be allotted a
certain amount of prison space and staff members so that judges and
prosecutors make their decisions accordingly. This strategy depends on
the political will to release prisoners even in the face of public protest
(Clear and Cole, 1986).

Contemporary jails serve two vital purposes: they detain

accused individuals awaiting trial and they house sentenced offenders
serving short terms. Some argue that jails are outside the boundaries of
the correction enterprise while others believe that jails are important
part of corrections and that they illustrate many complexities. It is
perhaps the most frustrating component of corrections for people who
want to help persons who find themselves under supervision. Many of
them need a helping hand, but the unceasing human flow usually does
not allow time for such help nor the resources available in most
instances. Many programs have been tried and alternatives to jails were
developed, but the common experience is that they come to be applied
to persons who otherwise would be sentenced to probation or those
who will serve their sentences with in the community.

In the United States, a Federal Survey (Senna and Siegel,

1987) found out that the ratio of probation to prison population is
increasing as a faster rate than the prison population. About 1,032,000
adult offenders were put on probation in 1984, and about 904,000
finished their probationary period. Of these about 81.5 percent were
considered successful completions. The remainder, 18.5 percent, was
considered unsuccessful either because the probationer was
incarcerated for a new offense or because the probationer absconded or
was in custody for another reason (Senna and Siegel, 1987).

In the context of recidivism, the effectiveness of correctional

policy can be evaluated on the basis of whether former inmates return
to life of crime. To assess the extent of recidivism in the prison system,
Lawrence Greenfeld of the Bureau of Justice Statistics analyzed data
from a national survey of prison inmates in Washington D.C., United
States. Greenfeld found that an estimated 61 percent of those admitted
to jail or prison had previously served a sentenced of imprisonment as a
juvenile, an adult, or both. Of the 39 percent entering prison who had no
prior imprisonment record, nearly 60 percent had convictions that
resulted in probation and 27 percent were on probation at the time of
their offense. In all, about 85 percent of entering inmates had prior
convictions that had resulted in correctional treatment.

Another disturbing fact uncovered by Greenfeld was that 46

percent of the returning offenders would still have been in prison had
they been forced to serve the entire term of the sentence given them at
their previous trial. Many offenders had long criminal records before
they committed the offense that gained them their current sentence. He
revealed that most inmates had prior criminal records. He also said that
current correctional policy is not sufficient to deter offenders for
repeating their law-violating behavior (Clear and Cole, 1986).

Based on the aforementioned information, it seems that

civilization dictates the realization of true reformation among prisoners.
Civilization means a growth in knowledge, which in turn increases the
power to prevent or reduce pain. Civilization also means an increase in
our ability to communicate with others. Growth in knowledge engulfs
those who are outside immediate environment and this extends to the
circle of people with whom one emphasizes. As a result of civilization,
its progress is characterized by a higher tolerance for one’s own pain,
and that suffered by others. This means that “the spectacle, and even the
very idea of pain” must be hidden from more and more people (Johnson,
1987). Ultimately, it must seem to disappear from punishment itself. By
this growing unwillingness to administer pain does one measure his