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Correctional Administration Marathon Review

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1 Correctional Administration Marathon Review
Gerry J. Caño

2 Order of Presentation BJMP Provincial Jail Minor offender
Detention/Preventive imprisonment BuCor Non-Institutional History and related law

3 BJMP P.D. 421/482/513 – The Integration of Jails in the INP
R.A – Chapter V Creating the BJMP R.A “BFP and BJMP professionalization act of 2004” R.A – Amendment of R.A.9263

4 Key Positions Chief, BJMP Deputy for Admin Deputy for Operation
Chief of the Directorial Staff

5 Rank Equivalents and Salary Grade
BJMP PNP ARMY Director – 28 CS – 27 SS S CI SI I SJO IV SJOII SJOII SJOI JOIII JOII JOI

6 Jail Provincial Administrator
City Jails District Jails Municipal Jails

7 Inmates Security Classification
High Risk Inmates High Profile Inmates Ordinary Inmates

8 Requirements for Commitment
Commitment Order Medical Certificate Complaint/Information Police Booking Sheet Detainees Manifestation Certification

9 Preventive Imprisonment
Gen Rule: Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, Exception: 1. When they are recidivists or have been convicted previously twice or more times of any crime; and 2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

10 3. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. 4. Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. 5. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment

11 Related laws on Preventive Imprisonment
B.P. 85 as Amended by E.O. 214 s. 1988 R.A. 6127 RPC Art. 29 As amended by R.A. 6127

12 BJMP Classification Board/ BJMP Disciplinary Board
Chairman – Deputy Warden Members - Chief Custodial Security Office Medical Officer Chaplain Inmates welfare and Development Officer

13 Authorized Punishment
Reprimand Temp or permanent cancellation of some or all recreational privileges Cancellation of visiting privileges Extra fatigue duty for sentenced inmates only Closed confinement Transfer to another facility with court coordination Partial or Full forfeiture of GCTA

14 Limitation of Punishment
Pregnant or breastfeeding inmate Infirmed or handicap inmate (that would affect health or physical well being Corporal, dark or inadequately ventilated, cruel, unusual, inhuman or degrading punishment Instruments of restraints, handcuffs, leg irons, and straitjackets. Only for precaution against escape, or in order not to injure others or himself.

15 Handling inmates Separate/Segregated Inmates Female Drug Addicts
Alcoholics Mentally ill Sex Deviates Handicapped, aged and infirmed Not to be Separated Inmates Suicidal Inmates Non Philippine citizen Inmates

16 Movement of inmate Deceased relative within the second degree of affinity or consanguinity Not be allowed if the place is more than 30 kilometers; Has records of escape; Detainee is high risk/high profile and jail has inadequate resources to ensure safety and security; Turn over the amount necessary to cover the expenses of travel including the officers who would escort;

17 Release of inmate Release of inmate by acquittal, dismissal payment of fines etc. Shall only be effected upon receipt of the Release order served by the court process server Carpeta – otherwise known as “inmate record or jacket” it contains the personal and criminal records of inmates.

18 Appointment of BJMP Personnel
JO1-SJO4 – BJMP RD JINS-JSUPT – Chief, BJMP JSSUPT. – DILG Secretary JCSUPT – President recommended by the DILG with endorsement of the CSC Chair

19 Waiver in the BJMP Age, height and weight ( to be approved by the Chief of the BJMP) Only for members of the Cultural Minority

20 BJMP Retirement same with PNP.
But lump sum is only for 3 years.

21 Creation of Provincial Jail
SECTION 468.  (4)      (vii)    Establish and provide the maintenance and improvement of jails and detention centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees and convicted prisoners in the province; R.A. 7160

22 Can Barangays’ establish its own jail?

23 Children in Conflict with the Law
A child in conflict with the law shall not be locked up in a detention cell. The child shall not be detained in the provincial, city or municipal jail, even if there are quarters separate from adult detainees.

24 A petition for involuntary commitment may be filed by the LSWDO with the technical assistance of DSWD, or by the DSWD if: (a) The child in conflict with the law is found by the LSWDO to be abandoned, neglected or abused by his/her parents; or (b) The parents do not comply with the intervention and prevention programs as determined under Part VII of these Rules.

25 No jail detention The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.

26 Child in conflict with the law - refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. Community-based programs - refers to the programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community. Deprivation of liberty - refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority.

27 Status Offenses - refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations, truancy, parental disobedience and the like. Youth Detention Home - refers to a 24-hour child-caring institution managed by accredited LGUs and licensed and/or accredited NGOs providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction; also referred as “Youth Home.” Youth Rehabilitation Center - refers to a 24-hour residential care facility that provides children in conflict with the law with care, treatment and rehabilitation services under the guidance of trained staff where children in conflict with the law on suspended sentence, or “residents,” are cared for under a structured therapeutic environment with the end view of reintegrating them in their families and communities as socially functioning individuals; also referred as “Youth Center.”

28 Parens Patriae – Parent or guardian of the state/country
Parens Patriae – Parent or guardian of the state/country. The inherent power and authority of the state to provide protection to person (minors) and property of the person (minors).

29 P.D. 29 "(d) 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."'

30 '"(b) 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 not be taken into consideration in fixing the status of a prisoner hereunder except when the sentence imposes a fine only."'

31 Municipal Prisoners – are those persons who by reason of their sentence may be deprived of liberty for not more than six (6) months. Provincial or City Prisoners – are those persons who by reason of their sentence is deprived of liberty for not more than three (3) years or subjected to a fine of not more than one thousand pesos (Php 1,000) or are subjected to both penalties. National or Insular Prisoners – are those persons who be reason of their sentence is deprived of liberty of more than three (3) years.

32 Art. 39. Subsidiary penalty
Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. 

33 2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.  3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit. 4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists. 5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him, from the fine in case his financial circumstances should improve. (As amended by RA 5465, April 21, 1969).

34 Bureau of Corrections Creation of BuCor E.O. 292
Bureau of Prisons was created under the Reorganization Act of 1905 (Act No dated November 1, 1905) as an agency under the Department of Commerce and Police. 

35 Bureau of Prisons Historical Accounts
Old Bilibid Prison on Oroquieta Street in Manila, which was established in 1847; this prison became known as the “Carcel y Presidio Correccional”  August 21, 1870, the San Ramon Prison and Penal Farm in  Zamboanga City was established to   confine Muslim rebels and recalcitrant political prisoners opposed to the  Spanish rule;

36 San Ramon Established during the tenure of Governor General Ramon Blanco the facility was originally established for persons convicted of political crimes.

37 Governor Luke Wright authorized the establishment of a penal colony in the province of Palawan on November 16, Americans established in 1904 the first penal institution Iuhit penal settlement (now Iwahig Prison and Penal Farm) first Superintendent Lt. George Wolfe. Col. John R. White of the Philippine Constabulary, who became superintendent of Iwahig in 1906, the colony became a successful settlement.  A merit system was devised for the prisoners and vocational activities were offered.  These included farming, fishing, forestry, carpentry, and hospital paramedical work.

38 Iwahig is subdivided into four zones or districts:  Central sub-colony with an area of 14,700 hectares; Sta. Lucia with 9,685 hectares; Montible with 8,000 hectares and Inagawan with 13,000 hectares. 

39 On November 27, 1929, the Correctional Institution for Women (CIW) was created under Act No To date, it is the only prison facility for women In the country; The Davao Penal Colony was opened in January 21, 1932 under Act No   Governor Dwight Davis signed Proclamation No. 414 on October 7, 1931, which reserved a site for the penal colony in Davao province in Mindandao. Davao Penal Colony is the first penal settlement founded and organized under Filipino    administration.

40 During World War II, the Davao penal colony was converted into a concentration camp where more than 1,000 Japanese internees were committed by the Philippine-American Armed Forces.  

41 Commonwealth Act No. 67 was enacted, for the construction of a new national prison in the southern suburb of Muntinlupa, Rizal in The New Bilibid Prison. It was officially named the New Bilibid Prison on January 22, 1941. The NBP Camp Sampaguita or the Medium Security Camp, which was used as a military stockade during the martial law years.  Minimum Security Camp, was christened “Bukang Liwayway”.

42 Under Proclamation No. 72 issued on September 26, 1954, the Sablayan Prison and Penal Farm in Occidental Mindoro was established; Leyte Regional Prison under Proclamation No issued on January 16, 1973. 

43 FORT BONIFACIO PRISON, formerly known as Fort William McKinley
FORT BONIFACIO PRISON, formerly known as Fort William McKinley. The  prison  was originally used as a detention center for offenders of US military laws and ordinances.

44 Birth of the Reception and Diagnostic Center
The first RDC facility was created in Building of the Maximum Security Compound of the New Bilibid Prison in 1953; RDC was transferred to Sampaguita Camp in 1973. The RDC was turned into a Therapeutic Community Camp on February 6, 2003.   

45 Before World War II, two national prisons were established by the government which are no longer operational today. Corregidor Island, the Island prison; Bontoc Prison in Mountain Province. 

46 BuCor Operations Purpose of confinement
To segregate and ;him from society; and To rehabilitate. Basic principles Discipline Reformation Safe custody of inmates.

47 Carpeta - refers to the institutional record of an inmate which consists of his mittimus /commitment order, the persecutor’s information and the discussion of the trial court, including that the appellate court, if any; Prison record - refers to information concerning an inmate’s personal circumstances, the offense he committed, the sentence imposed, the criminal case numbers in the trial and appellate courts, the date he commenced service of his sentence, the date of expiration of his sentence, the number of previous convictions, if any, and his behavior or conduct while imprison.

48 Reception and diagnostic Center - shall receive, study and classify inmates, within 60 days.
Quarantine –inmate shall be placed in quarantine for a least five (5) days during which he shall be- physical and mental examination Oriented with prison rules; and Interviewed by a counselor; social workers or other program staff officers.

49 In (55) days the inmate shall undergo psychiatric, psychological, sociological, vocational, educational and religious and other examinations. The results of said examinations should be the basis for the inmate’s individualized treatment program.

50 ADMISSION OF INMATES Mittimus/ Commitment Order of the court;
Information and Court decision in the case; Certification of detention, if any; and Certification that the case of the inmate is not on appeal.

51 CLASSIFICATION OF INMATES
Chairman …… Superintendent Vice-Chairman …Chief, RDC Members ………Medical Officer Chief, Education Section Chief, Agro-Industries Section Secretary ……Chief Overseer

52 Classification of inmates as to security risk
Maximum security – this shall include highly dangerous or high security risk inmates as determined by the Classification Board who require a degree of control and supervision. Under this category are- those sentenced to death; those whose minimum sentence is twenty (20) years imprisonment; Remand inmates or detainees whose sentence is twenty (10) year and above and those whose sentences are under the review by the Supreme Court or the Court of Appeals. Those with pending cases; Recidivists, habitual delinquents and escapees; Those confined at the Reception and Diagnostic center; Those under disciplinary punishment or safekeeping; and Those who are criminally insane or those with severe personality or emotional disorders that make them dangerous to fellow inmates or the prison staff.

53 Medium security – this shall include those who cannot be trusted in less secured areas and whose conduct or behavior require minimum supervision. those whose minimum sentence is less than twenty (20) years imprisonment; remand inmates or detainees whose sentences are below twenty (20) years; those who are eighteen (18) years of age and below, regardless of the case and sentence; those who have two (2) or more records escapes. They can be classified as medium security inmates if they have served eight (18) years since they were recommitted. Those with one (1) record of escape must serve five (5) years; and first offenders sentenced to life imprisonment. They may be classified as medium security if they have served five (5) years in maximum security prison or less, upon the recommendation of the Superintendent. Those who were detained in a city and / or provincial jail shall not be entitled to say classification.

54 Minimum security – this shall include those who can be reasonably trusted to serve their sentences under less restricted conditions. those with a severe physical handicap as certified by the chief medical officer of the prison; those who are sixty-five (65) years old and above, without pending case and whose convictions are not on appeal; those who have served one –half (1/2) of their minimum sentence or one-third (1/3) of the maximum sentence, excluding Good Conduct Time Allowance (GCTA) those who have only six (6) months more to serve before the expiration of their maximum sentence.

55 Color of Uniform as to security classification
Maximum security – Tangerine Medium security – Blue Minimum security – Brown Detainee – Gray

56 Classification of inmates as to entitlement of privileges
Detainee; Third Class inmate – one who has either been previously committed for three (3) or more times as a sentenced inmate, except those imprisoned for non-payment of a fine and those who had been reduced from a higher class; Second Class inmate – a newly arrived inmate; an inmate demoted from first class; or one promoted from the third class; First Class inmate – one whose known character and credit for work while in detention earned assignment to this class upon commencement of sentence; or one who has been promoted from the second class. Colonist.

57 Qualifications of a Colonist
be at least a first class inmate and has served one (1) year immediately preceding the completion of the period specified in the following qualifications; has served imprisonment with good conduct for a period equivalent to one fifth (1/5) of the maximum term of his prison sentence, or seven (7) years in the case of a life sentence.

58 Privileges of a colonist
Credit of an additional GCTA of five (5) days for each calendar month while he retains said classification aside from the regular GCTA authorized under Article 97 of the RP C; Automatic reduction of the life sentence imposed on the colonist to a sentence of thirty (30) years; As a special reward to a deserving colonist, the issuance of a reasonable amount of clothing and ordinarily household supplies from the government commissary in addition to free subsistence; and To wear civilian clothes on such special occasions as may be designated by the Superintendent.

59 Visiting relatives who died
to view the remains of a deceased relative and all its supporting documents shall be filed with the Superintendent at least two (2) days before the enjoyment of the privilege sought. inmate may be allowed more or less three (3) hours to view the deceased relative in the place where the remains lie in state.

60 the privilege may be enjoyed only if the deceased relative is in a place within a radius of thirty (30) kilometers by road from the prison. Where the distance is more than thirty (30) kilometers, the privilege may be extended if the inmate can leave and return to his place of confident during the daylight hours of the same day.

61 Inmates Work Program Only medium and minimum-security inmates may be assigned to work in agricultural field projects within a prison reservation. Maximum-security inmates shall not be allowed to work outside the maximum-security compound. An inmate over sixty (60) years of age may be excused from mandatory labor.

62 The inmate may, at any time, withdraw from his compensation earning s in an amount not exceeding one-half (1/2) of his total earnings. Upon the inmates discharge from prison he shall be given the full balance of his deposit.

63 Release of an Inmate upon the expiration of his sentence;
upon the expiration of his sentence;  by order of the Court or of competent authority or;  after being granted parole, pardon or amnesty. If the inmate has a pending criminal case, the Director shall inform the court n at least thirty (30) days before the actual date of release

64 Release of foreign national –At least thirty (30) days before the approximate date of release, the Director shall furnish the Commissioner of Immigration with certified copies of the court decision in the case of the inmate in an appropriate government institution.

65 Who may authorize release
the Supreme Court or lower courts, in case of acquittal or grant of bail; the President of the Philippines, in case of executive clemency or amnesty. the Board of Pardons and Parole, in parole cases; and the Director, upon the expiration of the sentence of the inmate.

66 Prohibited release of inmates
The Director shall not order or allow an inmate to leave prison sixty (60) days before and thirty (30) days after an election except for valid or legal reasons.

67 Separation and Placement Center
An inmate shall, thirty (30) days before his scheduled date of release, be transferred to the Separation and Placement Center to prepare him for reentry into free society, provided he is not under punishment or an escape risk, and is cleared of his government property accountabilities.

68 Transmittal of carpeta and prison records
for commutation of sentence – at least one (1) month before the expiration of one-third (1/3) of the minimum period of the inmate’s indeterminate sentence and in special cases, at least one (1) month before the periods specified by the Board. for conditional pardon – at least one (1) month before the expiration of one-half (1/2) of the minimum period of the inmate’s indeterminate sentence and in special cases, at least one (1) month before the period as the board may specify. for parole – at least one (1) month before the expiry date of his minimum sentence.

69 Goals of Sentencing 1. Retribution is the act of taking revenge upon a criminal perpetrator. 2. Incapacitation is the use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses. 3. Deterrence is a means, which seeks to prevent others from committing crimes or repeating criminality.  4. Rehabilitation is the attempt to reform a criminal offender, the state in which a reformed offender is said to be rehabilitated. 5. Restoration a goal of which attempts to make the victim whole again.

70 Social Justification of Penalty
Prevention – the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender. Self-defense – the state has a right to punish the criminal as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal. Reformation – the object of punishment in criminal cases is to correct and reform the offender. Exemplarity – the criminal is punished by the state as an act to deter others from committing crimes. Justice – that crime must be punished by the state as an act of retributive justice, a vindication of absolute right and moral violated by the criminal.

71 Purpose of Penalty Retribution or Expiation – the penalty is commensurate with the gravity of the offense as a matter of payment for the damage done. Correction or Reformation – as shown by the rules which regulates the execution of the penalties consisting in deprivation of liberty, thereby giving chance for his reformation. Social Defense – as shown by its inflexible severity to recidivist and habitual delinquents. Society must provide the welfare of the people against any disorder in the community.

72 Juridical Conditions of Penalty
The penalty must be productive of suffering without affecting the integrity of the human personality.  The penalty must be commensurate with the offense, that different crimes must be punished with different penalties. The penalty must be personal in that no one should be punished for the crime of another. The penalty must be legal, that it is the consequence of a judgment according to law. The penalty must be certain, that no one may escape its effects. The penalty must be equal for all. The penalty must be correctional.

73 Total Extinction of Criminal Liability
By the death of the convict By service of sentence By amnesty By absolute Pardon Limitations of pardoning power It cannot be extended to cases of impeachment. It cannot be granted to violation of election law without approval of COMELEC. It is only exercised after conviction.   By Prescription of the Crime

74 Prescription of the crime defined
Prescription of the crime defined. Is the forfeiture or loss of the right of the state to prosecute the offender after the lapse of a certain time. Period of Prescription of crimes  Crimes punishable by Death, Reclusion Perpetua or Reclusion Temporal – 20 years Crimes punishable by other Afflictive Penalties – 15 years Crimes punishable by Correctional Penalty – 10 years Crimes punishable by Arresto Mayor – 5 years Crime of libel or other similar offenses – 1 year Offenses of Oral Defamation and Slander by Deed – 6 months Light Offenses – two (2) months

75 Period of Prescription of Crimes under Special Laws or Ordinances
Offenses punished only by a fine or by imprisonment for not more than one month, or both – after 1 year Offenses punished by imprisonment for more than one month, but less than two (2) years – after 4 years Offense punished by imprisonment for six (6) years or more – after 12 years Offense punished by imprisonment for two (2) years or more – after 8 years Offenses under Internal Revenue Law – after 5 years Violations of Municipal Ordinances – after 2 months Violations of the regulations and conditions of certificate of convenience by the Public Service Commission – after two (2) months

76 The computation of prescription of offenses or crime shall start to count from the day of which offense or crime is being discovered, by the offended party, authorities or their agents. It is interrupted by filing of complaint or information. It would commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to him. The term of prescription shall not run when the offender is absent from the Philippines. 

77 By Prescription of Penalty
By Prescription of Penalty. Is the loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time. Conditions necessary in Prescription of Penalty That there must be final judgment; That the period of time prescribed by law for its enforcement has lapsed. Prescription whether by penalty or crime, the state or the people loses the right to prosecute the crime or to demand of the sentence of the penalty imposed.

78 Period of Prescription of Penalties
Crimes sentence to death and reclusion perpetua – 20 years Afflictive penalties – 15 years Correctional penalties – 12 years Arresto mayor – 5 years Light penalties – 1 year

79 The period of the prescription of sentence commence when the sentence imposed is already final. If a convict appealed and thereafter fled, the penalty imposed upon him would never prescribe, because pending the appeal the sentence is not yet final. The period of prescription of penalties commence to run from the date when the culprit evaded the service of sentence. It will only be interrupted if the culprit:  gives himself up; be captured; goes to a foreign country with which we have no extradition treaty; Commits another crime before the expiration of the period of prescription.  The period of prescription of penalties shall commence to run again when the convict escapes again, after having been captured and return to prison.

80 By marriage of the offended woman
Partial Extinction of Criminal Liability By conditional Pardon Art. 95. Obligation incurred by person granted conditional pardon. — Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him.

81 Art. 159. Other cases of evasion of service of sentence
Art Other cases of evasion of service of sentence. — The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence.

82 By Commutation of Sentence
Commutation defined. Is an act of clemency by which an execute act changes a heavier sentence to a less serious one or a longer term to a shorter term.

83 It is a change of decision of the court, made by the Chief Executive by reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of the imprisonment or the amount of the fine. Purpose of Commutation of Sentence to break the rigidity of the law; to extend parole in case where the parole law do not apply; to save the life of person sentenced to death Instances where Commutation is provided by law: when the convict sentenced to death is over 70 years of age; when the justices of the Supreme Court fail to reach a decision for the affirmation of the death penalty. In either case, the degree of penalty is reduced from death to reclusion perpetua. In commutation of sentence, consent of the offender is not necessary. The public welfare not his consent determines what shall be done.

84 By Good Conduct Time Allowance
First two years of imprisonment – five (5) days of allowed deduction for each month of good behavior; Third to fifth year – eight (8) days of allowed deduction of each of good behavior; Sixth to the tenth year – ten (10) days of allowed deduction for each month of good behavior; Eleventh and successive years – fifteen (15) days of allowed deduction for each month of good behavior.

85 Special Time Allowance
It is a deduction of one fifth (1/5) of the period of the sentence of a prisoner who, having evaded the service of his sentence during the calamity or catastrophe, and gives up to the authorities within forty eight (48) hours following the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe. The deduction of sentence for loyalty is based from the original sentence. If the convict who evaded his sentence on occasion of disorder or catastrophe and does not give himself to the authorities within forty eight (48) hours, is liable to an increased of penalty for Evasion of Sentence.

86 By Parole A parole may be granted to a prisoner after serving the minimum penalty under the indeterminate sentence law. Parole consists of the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting a pardon, prescribing the terms upon the sentence shall be suspended. If the convict fails to observe the conditions of the parole the Board of Pardons and Parole is authorized to direct his arrest and return to custody thereafter to carry out his sentence without deduction of the time that has elapsed between the date of the parole and the subsequent arrest. A mere commission of an offense warrants the parolees’ re-incarceration. 

87 Theoretical foundations of the treatment of criminals
The Classical School of thought Neo-classical The Positive School of thought Early forms of Corrections Pungent Posion Grotesques Mask Trephination Method Banishment

88 Early forms of Punishment
Flogging Mutilation Branding Public Humiliation Exile or Banishment

89 Beginning of reformation
Work houses “Saint Bridget’s Well” – Brideswell In 1166 A.D. Assize of Clarendon (Constitution of Clarendon) constructed the first facility designed solely for public incarceration. This facility was known as Gaol (known as Jail today). The gaol was being managed by the Shire Reeve.

90 John Howard prisoners must be segregated according to sex, age, and gravity of their offense; the jailer or staff must be paid to prevent extortion to prisoners; a chaplain and a medical officer must be employed to address the spiritual and medical needs of the prisoners; prisoners should be provided with clothing and food; liquor should be prohibited in jail;

91 Hospice of San Michelle a papal prison which opened in 1704 and the Maison de Force, which begun at Ghent, Belgium in Both institutions were actually a residential school for juvenile delinquents which advocated reformation than punishment. These institutions were used and followed by other prisons as an alternative to the use of physical and public punishment.

92 Pennsylvania System William Penn the governor of the state of Pennsylvania initiated early reforms in their prison system such as; abolishing capital punishment for crimes other than homicide substituting bloody punishment to imprisonment and hard labor. providing free food and lodging to inmates replacing the pillory and stocks with houses of detention.

93 Wallnut Street Jail. Humane and religious principles were applied into the handling of prisons. Rehabilitation and deterrents were its objectives in applying these principles. Prisoners were held in solitary confinement where they make their repentance or self-punishment of the crime they committed. The rehabilitation process was anchored on the teachings of the Bible, their solitary confinement was intentionally designed to avoid contact with other inmates and staff to avoid contamination of criminal behavior. Prisoners were allowed to work inside their cells and they are not allowed to talk. This concept was called “Pennsylvania System” which was also followed by other states in America.

94 Auburn System As prison system began to grow, solitary confinement of the Pennsylvania system became very expensive to put-up and maintain. The first prison to abandon the Pennsylvania system was the New York State Prison at Auburn. As a solution to the problem, Auburn introduced the congregate prison in silent system. Under this system, prisoners worked, lived and ate together in silence. Whipping and hard labor was given to prisoners to maintain the rule of silence. The New York State Prisons change the concept of Pennsylvania system as they pattern its concept of solitary confinement

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