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REVIEW NOTES IN
CORRECTIONAL
ADMINISTRATION
INSTITUTIONAL CORRECTION

NON-INSTITUTIONAL CORRECTION

OTHER LAWS RELATED TO PRISONERS

Compiled by:
Lucia M. Hipolito
Rommel K. Manwong
Alfie P. Sarmiento

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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.

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 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

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 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 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.

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 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.

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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

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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

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 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

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 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

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 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

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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

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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

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 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 head quarters 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

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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

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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

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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.

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 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.

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 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.

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 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

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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

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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.

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 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.

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 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

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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

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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 can not 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:

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 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

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 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 treatment 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
.

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 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

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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

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 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 re-
commend 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

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 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 psychological 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:

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 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;

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 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,

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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 operating 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

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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

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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

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 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 persons 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.

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 "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.

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 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 pro-
perty. 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, particularly 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.

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 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 can not 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.

United Nations Standards on Prisoners Employment

The following are provisions of the Standard Minimum Rules for the Treatment of
Prisoners and Related Recommendation on employment of prisoners:

"Prison Labor must not be of an afflictive nature. All prisoners under sentence shall be
required to work, subject to then physical and mental fitness as determined by the medical,
officer, sufficient work of a useful nature shall be provided to keep prisoners actively
employed for a normal working day, so far as possible the work provided shall be such as
will maintain or increase the prisoners' ability to earn an honest living after release, within
the limits compatible with proper vocational selection and with the requirements of;
institutional administration and discipline, the prisoners shall be able to choose the type of
work they wish to perform."

"The organization and methods of work at the institutions shall resemble as closely as
possible those of similar work outside institution, so as to prepare prisoners for the conditions
of normal occupational life; The interests of the prisoners and of their vocational training
'however, must not be subordinated to the purpose of making a financial profit from an
industry in the institution.”

"Preferably institutional industries and farms should be operated directly by the

administration and not by private contractors; where prisoners are employed in work not
controlled by the administration, they shall always be under the supervision of the
institution's personnel. Unless the work is for other departments of the government the full
normal wage for work shall be paid to the administration by the persons to whom the labor
is supplied, account being taken of the output of the prisoners.”

"The precautions laid down to protect the safety and health of free workmen shall be
equally observed in institutions; provision shall be made to indemnify prisoners against
industrial injury, including occupational diseases, on terms not less favorable than those
extended by law to free workmen.”

"The maximum daily and weekly working hours of the prisoners shall be fixed by law
or by administrative regulations, taking into account local rules or custom in regard
to the employment of free workmen; the hours so fixed shall leave one rest day a week and
sufficient time for education and other activities required as part of the treatment and re-
habilitation of the prisoners.”

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 "There shall be a system of equitable remuneration of the work of prisoners; under the
system prisoners shall be allowed to spend at least a part of their earnings on approved
articles for their own use and to send a part of their earnings to their family; the system
should also provide that a part of the earnings should be set aside by the administration so
as to constitute a savings fund to be handed over to the prisoner on his release."

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

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 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;

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 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 hi 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 5 th 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

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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.

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 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 in-
formally 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.

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 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

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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 administration '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

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 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:

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 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) fire fighting (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.

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 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 assignments, 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

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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.

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 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 commu-

nication. 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

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 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 programs, 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 psycho-
logist 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

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 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

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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

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 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.

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 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

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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

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 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

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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.

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 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

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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 Visit

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 The 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

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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.

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

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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

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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

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 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.

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 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

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 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

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 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,

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 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 to serve his sentence during non-working hours.
Jail Administration in the Philippines

Provincial Jails - Provincial Jails in the Philippines are not under the jurisdiction of the
Bureau of Corrections. They are managed and controlled by the provincial government.

Bureau of Jail Management and Penology (BJMP) - The BJMP exercises supervision and
control over all cities and municipal jails throughout the country. The enactment of Republic Act no.
6975 created the BJMP. It operates as a line bureau under the Department of the Interior and Local
Government (DILG).

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.

Objectives of the BJMP

1. To improve the living conditions of the offenders in accordance with the accepted
standards set by the United Nations.
2. To enhance rehabilitation and reformation of offenders in preparation for their eventual
reintegration into the mainstream of society upon their release.
3. To professionalize jail services.

Principles of the BJMP

1. It is the obligation of jail authorities to confine offenders safely and provide rehabilitative
programs that will negate criminal tendencies and restore their positive values to make
them productive and law-abiding citizens.
2. No procedure or system of correction shall deprive any offender of hope for his ultimate
return to the fold of the law and full membership in society.
3. Unless provided otherwise, any person accused of a criminal offense shall be presumed
innocent and his rights, as a free citizen shall be respected, except for such
indispensable restraints during his confinement in the interest of justice and public
safety.
4. Offenders are human beings entitled to the same basic rights and privileges enjoyed by
citizens in a free society, except that the exercise of these rights are limited or controlled
for security reasons.
5. Health preservation and prompt treatment of illness or injury is a basic right of every
person confined in jail and it is the duty of jail facilities to arrange for their treatment
subject to security measures.

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 6. Members of the custodial force shall set themselves as examples by performing their
duties in accordance with the rules and respect the laws duly constituted by authorities.

7. No jail personnel shall be abusive, insulting, indecent languages on the offenders.

8. No jail personnel shall use unnecessary force on offenders except for legitimate self-
defense or in cases of attempted active and passive physical resistance to a lawful
order.
9. No penalty shall be imposed upon any offender for violation of rules/regulations unless
in accordance with duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no physical
punishment shall be employed as a correctional measure.
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 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 of city and municipal prisoners, any fugitive from justice or persons detained awaiting
investigation or trial and/or transfer to the National Penitentiary, and any violent, mentally ill person
who endangers himself or the safety of others.

Functions - Inline with its mission, the Bureau endeavors to perform the following:

1. Formulate policies and guidelines on the administration of all districts, city and municipal
jails nationwide;
2. Formulate and implement policies for the programs of correction, rehabilitation and
treatment of offenders;
3. Plan the program funds for the subsistence allowance of offenders;
4. Conduct researches, develop and implement plans and programs for the improvement
of jail services throughout the country.

Organization and Key Positions in the BJMP

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

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 The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3
Command Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6 Personal Staff
Groups namely:

1. Command Group - Chief, BJMP - Deputy C/BJMP - Chief of Staff

2. Coordinating Staff Groups

- Administrative Division
- Operations Division
- Logistics Division
- Finance Management Division
- Research Plans and Programs Division
- Inspection and Investigation Division

3. Special Staff Groups

- General Services Unit
- Health Services Unit
- Chaplain Services Unit
- Community Services Unit
- Finance Services Unit
- Hearing Office

4. Personal Staff Groups

- Aide-de-Camp
- Intelligence Office
- Public Information Office
- Legal Office
- Adjudication Office
- Internal Audit

Regional Office - At the Regional Level, each Region shall have a designated Assistant
regional Director for Jail management and Penology.

Provincial Level - In the Provincial Level, there shall be designated a Provincial Jail
Administrator to perform the same functions as the ARDs province wide.

District Office - In the District Level, where there are large cities and municipalities, a district
jail with subordinate jails, headed by a District warden may be established as necessary.

City and Municipal Office - In the City and Municipal level, a city or municipal Warden shall
head each jail.

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Rank Classification of the BJMP

RANK POSITION/TITLE APPOINTING AUTHORITY

Director Chief of the BJMP Secretary of DILG

C/ Supt. Deputy C/BJMP same
Sn. Supt. Asst. Regional Dir. same
Supt. Asst. Regional Dir. same
Chief Insp. Warden Under Secretary
Sn. Insp. Warden same
Inspector Warden same
SJO 4 to Jail Guards Chief of the BJMP
JO1

Duties and Responsibilities

WARDEN - Direction, Coordination, and Control of the Jail, Responsible for the Security,
safety, discipline and well being of inmates

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

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 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.

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 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.

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 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

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 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

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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.

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 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.

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 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 not 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.

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 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.

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 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. “

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 “ 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

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 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

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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.

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 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

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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.

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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.

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 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 correctional
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 investigation 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

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 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

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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

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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.

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 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.

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 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 justi-
fied.

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:

1. 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.

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 2. Supporting Dependents. Society expects every one 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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

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 legitimately employed. Home and employment visits are part of the casework functions of
the parole officer.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. Regulation Against Carrying or Possessing Dangerous Weapons. For obvious reasons
the parolee should not be allowed to possess a dangerous weapon, especially a firearm.

16. 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.

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 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.

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 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

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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 advise 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

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 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.

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 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.

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 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

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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.

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 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.

LAWS GOVERNING THE CORRECTION OF CRIMINALS

Important Features of the Revised Administrative Code of the Philippines

 Sec. 1705 Title of Chapter – This chapter shall be known as the Prison Law.

 Sec. 1706 Chief Officials of the Bureau of Prisons – The Bureau of Prisons shall have one
chief and one assistant chief, to be known respectively as the Director of Prisons, and the
Assistant Director of the Prisons. These officers shall be supplied with furnished quarter at
the main prison and shall be allowed laundry service and such other services as shall be
sanctioned by the Department Head.

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  Sec. 1707 General Jurisdiction of Bureau of Prisons shall have the general supervision and
control of National Provincial prisons of all penal settlements and shall be charged with the
safekeeping of all prisoners confined therein or committed to the custody of said Bureau.

 Sec. 1708 Main Prison – In the main prison shall be confined all national prisoners except
as otherwise provided by law or regulations. This prison may also be used as a place of
detention for other classes of prisoners or for the temporary safekeeping of any person
detained upon legal process.

 Sec. 1709 Iwahig Penal Colony – In the Iwahig Reservation, in the Province of Palawan,
there shall be maintained an institution subsidiary to the main prison, to be known as the
Iwahig Penal Colony. In this colony shall be kept such prisoners as may be transferred
thereto from the main prisons in accordance with the regulations to be prescribed The
Director of Prisons, with the approval of the Department Head, shall establish and maintain
a general store for the sale of merchandise which may be required by the residents of the
settlement, and for their own profit. Colony produce may be sold to others than residents of
the settlement should there be more to be disposed of than is required for the use of the
colony and Sec. 1710 Superintendent of the colony – Justice of the Peace. The Iwahig Penal
Colony shall be under the immediate supervision of a superintendent, who shall be an
“exofficio” justice of the peace and shall, within the limits of the colony, have jurisdiction and
all powers conferred upon justices of the peace by the laws of the Philippines. (No longer
applicable)

 Sec .1711 privileges based upon behavior and services – Persons detained at the Iwahig
Penal Colony shall be known as colonists, and they may be divided into classes and graded
according to conduct, efficiency, and length of services and subject to such regulations as
shall be prescribed in reference thereto, they may be granted such extraordinary privileges
as in the in the judgment of the superintendent of the colony their conduct, behavior, habits
of industry, and length of service may justify.

 Sec. 1712 Fishing rights in water adjacent to colony – The fishing right in the waters of the
bay along the shore line of the eastern boundary of the Iwahig Penal Colony, Island of
Palwan, for distance seaward of one and one quarter statute miles are reserved for the
exclusive use of the government, for the subsistence and maintenance of the colonist, the
prison officials and their families in said colony, and such pardoned or release colonist as
may continue to reside therein.

 Sec. 1713 Assignment of land and implements to colonists – Any colonist detained at the
Iwahig Penal Colony may be provisionally granted a suitable plot of land with in the
reservation for the purpose of cultivating and improving the same, and may be deemed
necessary for the proper cultivation of said land.

 Sec. 1714 Families of colonists – The Iwahig Colonists may, subject to the regulations of the
Bureau governing the colony, be allowed to have their wives, children, and women to whom
they are to be married, transported to the colony at government expense and to have their
families live on the reservation. Such privileges may, in any case, be revoked at any time by

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 order of the superintendent of the colony, with the approval of the Director of Prisons. All
members of the families of colonists living on the reservation shall be subject to the
regulations governing the colony.

 Sec. 1715 Clothing and household supplies for colonists’ families – In addition to the
subsistence for colonists’ wives 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 clothing and ordinary household supplies to be paid out of the
regular appropriation for the maintenance of the Iwahig Penal Colony. Sources of this
character may also be made by way of loan, subject to repayment if the financial condition
of the colonist at a later date should warrant.

 Sec. 1716 Participation of colonists in proceeds of products – Products grown,

manufactured, or otherwise produced by the colonists may be sold under the supervision of
the superintendent; and subject to such regulations as may be prescribed in reference
thereto, the persons producing the same may be allowed such part of the proceeds thereof
as shall be approved by the Department Head.

 Sec. 1717 Monthly allowance in cash – Colonists occupying positions of special trust may,
with the approval of the Department Head, be granted a monthly allowance in cash, not
exceed five pesos, or an equivalent amount of supplies from the general store, to repaid for
from the regular appropriation for contingent expenses of the Iwahig Penal Colony.

 Sec. 1718 Right of released colonists to remain in colony – On the expiration of the sentence
of any colonists he may, subject to the regulation, be allowed to continue to reside upon the
reservation and to cultivate land occupy a house to be designated and selected by the
superintendent of the colony.

 Sec. 1719 Supply store for Iwahig Penal Colony – The Director of Prisons, with the approval
of the Department Head, shall establish and maintain a general store for the sale of
merchandise which may be required by the residents of the settlement, and for their own
profit. Colony produce may be sold to others than residents of the settlement should there
be more to be disposed of than is required for the use of the colony and the main prisons.
The supply store fund shall be reimbursable, the receipts from the business of the supply
store being available for the payment of the costs of supply and other expenses incident to
the conduct of said store, without reappropriation.

 Sec. 1720 San Ramon Penal Farm – A penal farm shall be maintained at San Ramon, in
the Province of Zamboanga , for the confinement of national prisoners and such other
prisoners as may be remitted thereto in accordance with law. The Director of Prisons shall
have authority to designate the superintendent of the San Ramon Penal Farm as a summary

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 court officer, by whom members of the San Ramon Penal Farm guard may be tried for
violation of the regulations governing the same for willful or neglectful waste, loss or
destruction of arm, immunizations or accounterments, for disobedience or disrespect toward
their superior officers, absence from quarters of duty without leave, drunkenness,
abandonment of employment without having secured proper release, willful violation or
neglect of duty, or misconduct to the prejudice of good order and discipline. The punishment
which may be imposed by this summary court shall not exceed the forfeiture of one month’s
pay, or discharge.

 Sec. 1723 Detail of prisoners to public works – The President of the Philippines may from
time to time, detail national prisoners to work in any part of the Philippines upon any public
work not within the purview of section one thousand seven hundred and twenty-seven
hereof; and the Department Head shall fix the terms and conditions upon which any branch
of the Government may receive the labor of such national prisoners.

 Sec. 1724 Regulations of Bureau of Prisons – The regulations of the Bureau of Prisons shall
contain such rules as well best promote discipline in all national and provincial prisons and
penal institutions and best secure the reformation and safe custody of prisoners of all
classes.

 Sec. 1725 Duty of prison authorities to enforce sanitary orders of Director of Health – The
Officers in charge of all prisons, penal settlements, jails and other places of confinement
shall comply and cause to be executed all sanitary orders, and put into force all sanitary
regulations issued by the Director of Health for their several institutions.

 Sec. 1726 Mode of treatment of prisoners – Prisoners shall be treated with humanity.
Juvenile prisoners shall be kept, if the jail will admit of it, in apartment separate from those
containing prisoners of more than eighteen years of age; and the different sexes shall be
kept apart. The visits of parents 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.

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  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.

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  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:

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  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.

 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

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 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.

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Important Features of Presidential Decree No. 968

 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

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 (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 waver 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;

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  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

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 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

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 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

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 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

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  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.

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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. Excessive 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

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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.

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 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)

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 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.

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 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

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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 house keeping 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.

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 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 can not 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

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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 pay off 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, they would affect only first time,
marginal offenders, as they are not 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,

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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

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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 civilization and, “by our example,
continue the work of civilizing prison management”(Johnson, 1987).

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