Topic 7:

CORRECTIONAL INSTITUTIONS AND THE COMMUNITY

Teaching-Learning Activity/Lesson Proper

Correction, Defined

Correction is a branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders.

Correction as Process

Correction as a process is the reorientation of the criminal offender to prevent him or her from
repeating his delinquent actions without the necessity of taking punitive action but rather introduction
of individual measures of reformation.

Correction as one of the pillars of the Criminal Justice System is considered as the weakest pillar. This
is because of its failure to deter individuals in committing crimes as well as the reformation of inmates.
This is evident in the increasing number of inmates in jails or prisons.

Basic Approach Institutions

The primary concern of penology is what to do with the prisoner. An old approach to this
fundamental call for his elimination, or at least his banishment and isolation from society. But the era
of purely vindictive societal reaction has given way to the humane treatment of criminal offenders
resulting in the present day policy of rehabilitation and reformation.

In this connection, there are three main schools of thought or approaches with regard to the
treatment of criminals. These schools are better known as the 1) Classical, 2) Neo-Classical, and 3)
Positive or Italian.
Definition of Terms
Penology, defined

It is the study of punishment for crime or of criminal offender. It includes the study of control and
prevention of crime through punishment of criminal offenders.

It is actually the division of criminology that deals with prison management and the treatment of
offenders, and concerned itself with the philosophy and practice of society in its effort to repress
criminal activities.

Jails, defined

Jails are primarily adult penal institutions used for the detention of law violators. Its original
function was to house pre-trial detainees or to serve as a place for the detention of accused persons
charged with having committed crimes. The detention was either for the accused person’s safety and
security, or to secure him for expeditious legal proceedings by the court. Later it came into use for the
service of short-term sentences. Today it continues its dual role as a place of detention for those
awaiting final disposition of criminal cases action and for the service of short sentences of not more
than six months, for those categorized as city or municipal prisoners, and not more than 3 years or with
a fine of not more than 1 thousand pesos, for those categorized as provincial prisoners.

A jail is a place for locking-up of persons who are convicted of minor offenses or felonies who
are to serve a short sentences imposed upon them by a competent court, or for confinement of persons
who are awaiting trial or investigation of their cases.

Prison, defined

A penitentiary, an institution for the imprisonment of persons convicted of major or serious crimes.

A building usually with cells or other places established for the purpose of taking safe custody or
confinement of criminals.

Prisoner, defined

A person who is under the custody of lawful authority. A person, who by reason of his criminal
sentence or by a decision issued by a court, may be deprived of his liberty or freedom.

Importance of Jails

No layman would or may be able to appreciate the importance of jails, unless and until he has once
stayed there for violation of any law or local ordinance. Jails are intended for the purpose of letting
one pay for the crime he committed, or to serve as form of punishment of sorts, but to enable a
wrongdoer to be reformed and rehabilitated so that after his release he will become a law abiding and
useful citizen of the community.
 Jails will serve as a deterrent as well to a would-be non-conformist to the rules of society. The first
experience of an offender is impressive and lasting. The treatment that he receives from the jail guards
or maybe from his co-inmates may spell his early rehabilitation or may make him a hardened criminal.

General Classification of Prisoners 1. Detention Prisoner

Those detained for investigation, preliminary investigation or awaiting trial.

2. Sentenced Prisoner
Offenders who are committed to the jail or prison in order to serve their sentence after final conviction
by a competent court.

3. Prisoners who are on safekeeping

Includes non-criminal offenders who are detained in order to protect the community against their
harmful behavior.

Classification of Sentenced Prisoners

1. Insular or National Prisoners

Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment. Those sentenced
to suffer a term of imprisonment cited above but appealed the judgment and unable to file a bond for
their temporary liberty.

2. Provincial Prisoners

Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3 years or a fine
not more than 1,000 pesos, or both; or those detained therein waiting for preliminary of their cases
cognizable by the RTC.

3. City Prisoners

Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more than 1,000
pesos or both. Those detained therein whose cases are filed with the MTC. Those detained therein
whose cases are cognizable by the RTC and under Preliminary Investigation.

4. Municipal Prisoners

Those confined in Municipal Jails to serve an imprisonment from 1 day to 6 months. Those detained
therein whose trials of their cases are pending with the MTC.
The Three Aims of Correctional Reforms

“For the first time in the concept of Philippine Criminal Justice System, the following are the three
aims of correctional reforms, to wit”:

1. To provide judges with more options to deal with offenders through the use of probation, day fines,
commitment to community treatment centers, pre-trial release, and other measures short of
imprisonment.
2. Improving condition in prisons and jails, including decongestion, improved housing, more effective
medical, educational, vocational training, and rehabilitation program services.

3. Establishing an integrated correctional system that will insure the development of a unified
philosophy of treatment, implementation of uniform standards and policies, effective programs
planning and development, and efficient delivery of services to offenders while at the same time
protecting the interest and welfare of society.

REHABILITATION AND TREATMENT PROGRAMS

Rehabilitation programs of prisoners can be carried out through the process of classification and
custody and control of prisoners. Classification is more than placing prisoners in to types of categories,
while custody and control of prisoners are important phases of prison management. Treatment services,
on the other hand, are geared toward improving an offender’s attitudes and his philosophy of life.

In the modern concept of penology, a correctional institution in order to be an effective machinery in

the prevention and control of crime should see to it that its program is geared to protect society and at
the same time to rehabilitate the offender. Although this may entail a long range program of
rehabilitation, it is important nonetheless because its success will mean sending the offender back to the
community as useful and law-abiding citizen for the rest of his life.

Process of Classification

Classification is method by which diagnosis, treatment, planning and execution programs are
coordinated in the individual cases. Its objectives are the development of an integrated and realistic
program for the prisoner, arrived at through the coordination of the diagnosis, planning and treatment
activities; and an informed continuity of these activities from the time of the arrival to the release of
the prisoner.
For this purpose, the following are the three phases of the classification process, namely:
 1. Diagnosis
2. Treatment planning
3. Execution of treatment program

The first take place at the reception center, which is a special unit separate
rom the prison, or in the classification clinic of the prison. The third takes place is the
operating institution or prison.

It is necessary that prisoners should undergo a diagnostic examination, study and observation for
the purpose of determining the program of treatment and training best suited to their needs and institution
to which they should be transferred. These process take place in the Reception and Diagnostic Center.

The Reception and diagnostic center makes possible the careful study of offenders by a
professional staff, the segregation of prisoners o scientific methods, the
reatment of inmates based upon a careful study of the individual inmate at the time
of commitment, the improvement of institutional programs or a close study of the nmates’ characteristics
and needs made at the center, and the development of
delinquency or crime.
The Reception Center is specialized diagnostic institution designed to service a big correctional
system. It is not a treatment center. In order that the center can accomplish the purpose for which it is
intended, the following basic elements must exist
n the correctional system:

1. There must be a sufficient number and variety of institutions or treatments or treatment

facilities available to permit placement of each individual in accordance with his treatment and
training needs:
2. There must be and 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 facilities and personnel.
Custody and control of prisoners

One of the important phases of prison management. The rehabilitation program in prison cannot be
carried out if prisoners are not effectively controlled.

Programs and Services Provided by Prison Authorities Includes the Following:

1. Employment of Prisoners

2. Religious Services
 Most penal administrators hold the view that the chaplain is the most important person in the
rehabilitation set-up of correctional institution. It is the chaplain who points out to the prisoners
their relationship with God and their fellowmen.

3. Educational program

4. Recreational Program
Recreational programs of any form will do away with the monotony of prison life.

5. Library Services
Prisoners may be deprived of the liberty of a free man, but not the food of their minds. For
somehow, reading materials of good kind may reform a prisoner’s character thereby helping him
to rehabilitate himself.

6. Health and Medical Services

7. Counseling
Relationship in which one endeavors to help another understand and solve his problems of
adjustment.

EXECUTIVE CLEMENCIES

Pardon
A form of executive clemency which 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.

Kinds of Pardon

1. Absolute Pardon- One which is given without any conditions attached to it. The purpose of
this kind of pardon are:
a. To do away with the miscarriage of justice.
b. To keep abreast with the current philosophy, concept or practice of criminal justice
administration.
c. To restore full political and civil rights of persons.

2. Conditional Pardon- Conditional Pardon is in the form of a contract; it must first be accepted
by the pardonee 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.

Limitations of the Pardoning Power

1. Pardon cannot be extended in case of impeachment.
 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.
3. Pardon is exercised only after conviction by final judgment.

Amnesty
A general pardon extended to groups of persons and is generally exercised by the chief
executive with the concurrence of congress.

Commutation
An act of clemency by which an executive act changes a heavier sentence to a less serious one or a
longer term to a shorter term.

Purposes of Commutation
1. To break the rigidity of the law.
2. To extend parole in cases where the parole law does not apply
3. To save the life of a person sentenced to death.

Reprieve
A temporary stay of the execution of sentence.

COMMUNITY

The prevention and control of crime is not only the sole duty and responsibility of the government,
particularly the first four components of the criminal justice system. It is as well the duty and
responsibility of the society and every member of the community.
The category of the prevention and control of crime activities includes those that appear to have the
greatest potential for reducing crime and improving the quality of life.
This includes the following institutions:

1. The Home
The home has well been called the cradle of human personality, for in it the child forms
fundamental attitudes and habits that endure throughout his life. a. Parental Discipline
It is commonly thought of as a means of development and maintenance of good behavior and
conduct in accordance with the norms of society. its main objective is to inculcate good habits,
attitudes and values that will make a child a law abiding and useful member of the community.
Discipline at home however is not the responsibility of the parent alone. But rather the concern of
the member of the family.
b. The Ultimate Objective of Parental Discipline
 The ultimate objective of parental discipline is to develop the child’s self-respect, self-control,
self-reliance, self-discipline and not merely the ability and desire to conform to the accepted
norms and standards for individual and community life in normal society. Parental discipline
includes but is not limited to the inculcation of constructing habits, attitudes and values that will
make every child a lawabiding and useful member of the society.

2. The School
The school is in a strategic position to prevent crime and delinquency. This is so because the
school exercises authority over every child who is of school age.
It has an excellent opportunity to influence his attitudes and behavior.

3. The Church
It is the church of any denomination which points out to the faithful their relationship to God and
their fellowmen, and who by work and example, leads them to live a moral life.

4. The Mass Media

Considered the best instruments for information dissemination and the best source of knowledge
for the public. It is through the mass media and radio broadcast where public opinions are formed,
and that is where their influences lies.

The community has a two-fold role:

1. It has the responsibility to participate in law enforcement activities by being partners of the
peace officers in reporting the crime incident, and helping in the arrest of offenders; and
2. It has the responsibility to participate in the promotion of peace and order through crime
prevention or deterrence and in the rehabilitation on convicts and their reintegration to
society.