AMAT VICTORIA CURAM

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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.

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Deterrence

It is commonly believed that punishment gives a lesson to the offender; that it shows other what
would happen if they violate the law; and that punishment holds crime in check. This is the essence of
deterrence as a justification for punishment.

Cesare Beccaria, an exponent of the Classical School of Criminology and whose writings at the
end of the 18th century renovated the punitive justice system of Europe, contended that the intent of
punishment should not be to torture the criminal or to undo the crime (expiation) but to “prevent others from
committing a like offense”. He advocated the theory that “a punishment should have only that degree of
severity which is sufficient to deter others. It is doubtful if punishment is as the proponents think. In one
New England state during the 18th Century, theft was punishable by whipping the offender in the public
plaza. The purpose of whipping the thief within the public view was to deter others from committing the
same offense. Public whipping, however, did not diminish the incidence of the theft in that state.

In England during the 18th century, pick pocketing was one of fifty offenses punishable by hanging.
The offender was hanged on a Sunday afternoon in order to draw the largest number of spectators. The
hanging would be preceded by a brass band playing in the morning until in the afternoon. On this occasion,
thousands of spectators would mill their way in the crowd to obtain better view of the victim at the
condemned man was executed. On this same occasion professional pick pocketers were busy plying their
trade in the crowd. The multitude that came to view the hanging were there to see how the offenders
withstood their fate, how callous they were, and how they would react to the jeers and chastisement of the
crowd. In some instances punishment undoubtedly has a deterring effect. For the great mass of infractions
of the law, however, the fear of punishment does not enter into the causation.

The conception of deterrence presumes that the person thinks before he acts and that all he has to
do is to think of the consequences and then he will be deterred. Actually this is not so because offenders
commit crimes without the fear of punishment uppermost in their minds. There are certain types of
offenders who could not be deterred by the fear of punishment, namely, the behavior of the moment type
involved in crimes of anger and passion; and the type of offender whose antisocial behavior is connected
with his personality pattern and is part of his approach to life as exemplified by the psychopathic offender
and the neurotic offender.

There is no doubt, however, that some types of offenders, particularly first offenders, can be
stigmatized by the lightest form of punishment. To others more inured in crime; going in and out of penal
institutions does not deter.

Protection

Protection as a justification of punishment came after prisons, were fully established. People
believe that by putting the offender in prison, society is protected from his further criminal depredation. If
this were so, vicious and 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 existed up to 400 B.C.,

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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.

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The Classical School of Penology

The classical theory came about as a direct result of two influences:

1. It came about as a protest against the abuses and discretionary power of judges
2. It was also influenced by the philosophical school of Rousseau

Cesare Beccaria of Italy in his book, “Crime and Punishment,” published in 1764, bewailed over
the cruelties and inequalities of the law and the courts of his time. He holds that justice consists of equal
treatment of all criminals for like offenses, whereas, the courts of the day were dealing unequally with
criminals according to their rank and influence. Beccaria would have the legislature, not the court,
determine the exact punishment appropriate to each crime. No discretion would thus be left to the judge.

Beccaria’s protests were directed against:

1. Arbitrary penalties given by the judges

2. Uncertainty and obscurity of the laws
3. Defects in criminal procedure in a admission of testimonies
4. Secret accusations
5. Torture
6. Incrimination of witnesses
7. Long pending cases
8. Abuse of power by rich against the poor, etc.

Jeremy Bentham of England, another exponent of the classical school, also holds that society
must reward those who accept responsibility and punish those who do not, thus bringing pleasure and pain
into the service of society.

The philosophy of the Classical School

The classical school holds:

1. That man is a free moral agent, and that every act of man is of his free will and accord;
2. That every man is therefore responsible for his acts;
3. That crime can be expiated only by punishment and
4. That the law, not the judge, should determine the punishment to be attached to the criminal act,
and should provide a scale of punishments to be applied equally to all persons committing the
same crime.

Advantages of the Classical School

1. It was easy to administer – The judge was only an instrument to apply the law.
2. It eliminated the arbitrary sentence.

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Disadvantages

1. It was unfair – It treated all men as mere digits without regard to difference in individual natures
and circumstances.
2. It was unjust – It made first offenders and recidivists equally punished.
3. It did not individualize punishment.
4. It was the magna carta of the professional criminal in that he knew what was coming to him and
could calculate the risk.
5. It considered only the injury caused, not the state of the mind and nature of the criminal.

The Neo-Classical School of Penology

Influenced by the French Revolution and the Quakers of the New England states, the Neo-
Classical School, was advocated at the beginning of the 19th century. The French Code of 1819, the
principles of the classical school remained intact but the system of defined and variable punishments was
modified. The judge was given direction in certain crimes to vary punishment between the maximum and
the maximum fixed by the law. Under the Code the judge could not admit extenuating circumstances.

The Classical Theory remained intact in its theory that “every person equally free and therefore
equally responsible.” Since the publication of the French Code of 1819, the struggle has been to
individualize the punishment by setting up varying degrees of responsibility. The Neo-Classical School
admitted extenuating circumstances in the criminal himself. It admits too that minors are incapable of
committing crime because they have not reached the age of responsibility. And it also admits that certain
adults are incapable of committing crimes because of their conditions they are not free to choose.

Result of the Neo-Classical theory

1. Exempting circumstances admitted

2. Reduction of punishment for partial freedom of the will – only partial responsibility
3. Punishment was mitigated for lack of full responsibility
4. It represented the reaction against the severity of the classical theory of equal punishment
irrespective of circumstances

The Italian or Positivist School of Penology

Cesare Lomroso’s “The Criminal in Relation to Anthropology, Jurisprudence, and Psychiatry” was
published 100 years from the publication of Beccaria’s book, “Crime and Punishment.” Lombroso, in his
book, sought to explain crime in terms of the physical make-up of the criminal, thus – the vicious soldier
was distinguished from the honest soldier by the extent to which the former was tattooed and by the
decency of the designs. In studying the insane, the patient, not the disease, should be the object of
attention.

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Enrico Ferri was born in Italy in 1856. Ferri advocated the “Theory of Imputability and the Denial of
the Free Will” in 1878. Ferri contributed to the emphasis of the social factors such as

1. Physical factors, including geographical, climate, temperature, etc.

2. The anthropological factors including psychological factors
3. The social factors, including economics and political factors as well as age, sex, education,
religion.

Rafaele Garofalo was born in Naples in 1852, from parents of Spanish origins. Garofalo thinks
that crime can be understood only as it is studied by scientific methods. The criminal is not a free moral
agent, but is the product of his own traits and his circumstances.

Results if the Italian School

1. Emphasis shifted from legal; metaphysical and juristic abstraction to a scientific of the criminal and
the conditions under which he commits crime.
2. Treatment began to be based from study of the criminal.
3. The old purpose of punishment was changed –
4. Retribution was eliminated.
5. Deterrent effect theory modified – does not apply to those who could not foresee consequences.
6. Rehabilitation re-emphasized but applied with discrimination to certain classes.
7. Protection of society is open to be the primary purpose of treatment.
8. Prevention of crime by early treatment of juveniles

The Modern Clinical School of Penology

This theory advocates the study of the criminal rather than the crime. This school is interested
primarily in the criminal himself in order to determine the conditioning circumstances that explain his
criminality and in order to obtain light upon the problem of how he should be handled by the social group.
While Lombroso emphasized on the physical characteristics, Ferri – Garafalo emphasized the
psychological and social factors, the Clinical School emphasized the psychological and social factors, but in
terms provided by the new knowledge furnished by the later psychology and sociology.

Emphasis on social psychology – the influence of interaction between individuals, and groups, and
the relationships between emotional balance and intellectual integrity are considered.

The Modern Clinical School advocates the idea that the criminal is the product of his biological
inheritance conditioned in his development by the experience of life to which he has been exposed from
early infancy up to the time of the commission of the crime. It also suggests adapting the treatment of each
individual in accordance with the diagnosis obtained by scientific study of the criminal. This school entirely
repudiates retribution, expiation and intimidation. It gives a new content to the old terms of deterrence,
reformation and protection.

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DEVELOPMENT OF MODERN CORRECTIONAL CONCEPTS AND STANDARDS

As previously stated, the earliest forms of punishment were death, torture, maiming, and
banishment. The jail was introduced in Medieval Europe as a place of confinement of persons arrested and
undergoing trial, and for those convicted of minor offenses such as vagrancy, gambling and prostitution.
Death, corporal punishment and banishment were the penalties for offenses, which today are punishable
by imprisonment. Later, convicted offenders were chained to galleys to man the ships of war. England,
France and Spain used transportation system of punishment by indenturing their convicts to penal colonies
where they served as slaves until they completed the service of their sentences.

Transportation of offenders to penal colonies was practiced principally by European countries that
had acquired distant colonies because of the need to import labor into these colonies. England more than
any other imperialistic country in Europe, made extensive use of transportation. England began
transporting prisoners in 1718, by sending her convicts to the American Colonies until the American
Revolution. When the colonies obtained their independence, England diverted her convicts to Australia and
New Zealand. England abandoned transportation of prisoners in the last half of the 19th century, after
much agitation and protests on the part of the colonies.

Development of Prisons

Prisons evolved as a substitute for transportation, exile, public degradations particularly corporal
punishment, and the death penalty. In this United States where prisons were first established,
imprisonment was introduced as a substitute for corporal punishment and death penalty when, by the
provision of the Pennsylvania Reform Law of 1790, corporal punishment was abolished and the list of
offenses punishable by death was reduced to only one offense – that of first degree murder. As the United
States and Europe curtailed the use of the death penalty, prisons and penitentiaries were constructed to
take care of the unexecuted and unpardoned criminals. Long sentences required prisons and penitentiaries
that were not places of detention for those awaiting trial or short sentences but for lengthystayof offenders
convicted of serious crimes.

The Auburn and Pennsylvania System

Two rival prison systems appeared in the scene during the early history of imprisonment, namely,
the Auburn and the Pennsylvania prison system, established in 1819, and 1829, respectively. The features
of the Auburn system were confinement of the prisoners in single cells at night and congregate work in
shops during the day. The features of the Pennsylvania system were confinement of the prisoners in their
own cells day and night. Both the Auburn and Pennsylvania systems observed complete silence. States of
the United States, which constructed their prisons, patterned them after the Auburn prison system, while
European countries adopted the Pennsylvania system.

The Reformatory Movement

There was no significant progress in prison work worth mentioning until the middle of the 19th
century. Most of the prisons established between 1819 and 1870 were constructed on the basis of a
program espousing the punitive philosophy, the features of which were mass treatment, enforced silenced,
idleness, regimented rules and severe punishment.

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In Europe, several penal administrators can be mentioned as among those who contributed to
the progressive development of the reformatory system. Manuel Montesimos, who was the Director of the
prisons of Valencia, Spain, in 1835, divided prisoners into companies and appointed prisoners as petty
officers in charge. Academic classes of one hour a day were given all inmates under 20 years of age.

Domets of France established and agricultural colony for delinquent boys in 1839. The boys were
housed in cottages with house fathers as incharge. The system was based on re-education rather than
force. When discharge the boys were place under the supervision of a patron.

In England, Alexander Maconochie, superintendent of penal colony at Norfolk Island in Australia,

introduced a progressive humane system to substitute for corporal punishment – the Mark System. When
a prisoner earned a required number of marks, he was given his ticket of leave, which is the equivalent of
parole. Maconochie introduced several other progressive measures, which aimed at rehabilitating
prisoners. He introduced fair disciplinary trials, built churches, distributed books, allowed plays to be
staged, and permitted prisoners to tend small gardens. For his progressive administration of prisoners,
Maconochie should be considered one of the fathers of modern penology. Maconochie is considered the
“Father of Parole System”.

One of the most famous contributors to the reformatory movement was Sir Walter Crofton,
Chairman of the Directors of Irish prisons. In 1856, Crofton introduced the Irish System, similar with that of
Maconochie’s Mark System, latter on called the progressive stage system. The first stage of the Irish
system was solitary confinement for nine months at a certain prison. The prisoners at this stage were given
reduced diet and allowed monotonous work. The prisoners progress to a more interesting work, some
education, and better treatment toward the end of the first stage. The second stage was an assignment to
the public works at Spike Island. The prisoner worked his promotion through a series of the grades,
according to a mark system, and wore a badge of distinction to show his status. The purpose of the mark
system and the progression through grades was to shorten the length of stay. In the third stage the prisoner
was sent to Lurk or Smithfield. Which was a sort of preparation for release. Here, the prisoner without
custodial supervision and was expose to ordinary temptations of freedom. The final stage was the release
on supervision under conditions equivalent to present day parole. The important then to remember in the
Irish system is that Crofton attempted to place the responsibility for self-improvement on the prisoner
himself through successive stages.

In 1876, the New York State Reformatory at Elmira opened with Zebulon Reed Brockway as
superintendent. Brockway introduced in Elmira a new institutional program for boys from 16 to 30 years of
age. The new prisoner was classified as second grade and was promoted to first grade after six months of
good behavior. Another six months of good behavior in the first grade qualified him for parole. If the
prisoner committed a missed conduct he was demoted to third grade where he was required to show good
conduct for one month before he could be reclassified to second grade. The Elmira system was based on
the indeterminate sentence and parole. Elmira had all the elements of modern correctional system, so that
this institution is often referred to as the forerunner of modern penology.

In England, Sir Evelyn Ruggles Brise, Director of English prisons, after visiting Elmira in 1897,
open a Borstal Institution near Rochedi, in Kent. The Borstal Institution of England is today considered
best reform institutions for young offenders.

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A Golden Age of Penology

The period from 1870 to 1880 was called the “Golden Age of Penology” because of the following
significant events:

1. In 1870, the National Prison Association, now American Correctional Association, was organized
and its first annual Congress was held in Cincinati, Ohio. In this Congress the Association adopted
a “Declaration of Principles,” so modern, comprehensive in scope that when it was revised in the
prison Congress of 1933, few amendments were made. Since founding the Association has held
annual congresses of corrections in has taken active leadership in reform movements in the field of
crime prevention and treatment of offenders.
2. In 1872, the first International Prison Congress was held in London. Representative of the
government of the United States and European countries attended it. As a result of this congress,
the International Penal and Penitentiary Commission, an inter-governmental organization was
established in 1875 with 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 increase in

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recidivism and repeatership in crime, and that the increase in recidivism and habitual delinquency was
attributed to the abandonment of the rehabilitation program in penal institutions in favor of the operation of
industries. As a remedial measure, Congress passed a law in 1934, which in effect, prohibited the sale of
prison-made articles to the public, and limited their use to government-owned institutions and agencies.
This law put an end to the Industrial Prison Movement.

The Classification Movement

The reorganization of the Federal prison system in 1930 started the movement for modern
correctional reforms. A Federal law created the Federal Bureau of Prisons and placed a director as head of
the system. As a result of the reorganization, the penal institutions, which were formerly administered
independently by their respective wardens, were placed under the centralized jurisdiction of the Federal
Bureau of Prisons. Professionally trained personnel were recruited for the prison service and the
rehabilitation program of the institutions was accentuated.

World War II had its significant effects in the correctional field. Institutions became seriously
undermanned because personnel of all levels of the prison service joined the war. On the other hand,
civilian crimes decreased. To augment the shortage of civilian manpower, prisoners volunteered to work in
farms, and factories were established in many prisons. Spurred by patriotism, prisoners volunteered for
painful and dangerous medical experiments in connection with the war efforts.

Following World War II, significant events marked the period. First was the wave of penal reforms
in the southern states, and second was the series of prison riots of the 1950’s. The southern states, which
were notoriously known for backwardness in prison administration, undertook progressive reforms with
Texas taking the leadership in 1947. Texas reorganized its penal system, built new institutions, and
employed professionally trained personnel. Other states included in the reform were Alabama, Louisiana
and North Carolina.

Another notable achievement in the correctional field after World War II was the progress
attained by the State of California. In 1944, the California Prison System was reorganized into the
California Department of the Corrections with a Commissioner of Corrections as head. Also include in the
reorganization was the establishment of the Reception and Guidance Center, a new type of institution for
the study of the prisoner and preparation of his treatment and training program in prison. More penal
institutions were constructed and all the institutions within the system were classified according to program
specialization and degree of custody of inmates confined therein. From then on, the California Department
of corrections assumed leadership in correctional work.

In contrast to the programs attained in the field of correction, two problems plagued the systems,
namely; idleness in prison and the deplorable conditions existing in county jails. The war efforts in prison
proved that prisoners had the willingness and ability to work, but due to lack of employment facilities, a
bigger portion of the prison population remained idle. While prisons and other correctional institutions have
reached a considerable degree of progress up to the 1950’s the reverse is true with respect to jails. The
jails had remained as an institution most resistant to change.

The most recent developments in correctional system are the diversification of adult penal
institutions and the individualization of treatment and training of prisoners. State correctional systems have

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adopted California’s today, no prison system that has for its aim the rehabilitation of prisons can operate
effectively without these programs.

The Manual of Correctional Standards issued by the American Correctional association states:
“The essential elements of a well-rounded correctional program of individualized training and treatment in
an institution for adult offenders include the following: Scientific classification and program-planning on the
basis of complete case histories, examinations, tests and studies of the individual prisoners; adequate
medical services, having corrective as well as curative treatment as their aim, and making full use of
psychiatry; psychological services, properly related to the problems of education, work assignment,
discipline and preparation for parole; individual and group therapy and counseling, and application of the
therapeutic community concept, under the direction of psychiatrists, psychologists, or other trained
therapists and counselors; casework services, reaching families as well as prisoners; employment at tasks
comparable in variety, type and pace of work of the world outside, and special tasks with vocational training
value; academic and vocational education, in accordance with the individual’s needs, interests, and
capabilities; library services, designed to provide wholesome recreation and indirect education; directed
recreation, both indoors and outdoors, so organized as to promote good morale and sound mental and
physical health; a religious program so conducted as to affect the spiritual life of the individual as well as
that of the whole group; discipline that aims at the development of self-control and preparation for free life,
not merely conformity to institutional rules; adequate buildings and equipment for the varied program and
activities of the institutions, and above all, adequate and competent personnel, carefully selected, well
trained, and serving under such conditions as to promote a high degree of morale and efficiency.”

Development of Probation

Probation started in England with the old practice of suspending judgment and releasing the
offender on his own recognizance with the promise not to commit any more crime. Often times, a surety
was required and the guarantor was given the authority to bring back the offender to the court if he violated
the condition of his release. In the United States, probation was practice in Boston by John Augustus in
1841. Although the first probation law was passed in Massachusetts in 1878 it was not until the passage of
the first Juvenile Court law of Cook Country (Chicago) in 1899 that probation was widely used. Today,
probation has won public acceptance as part of the state correctional system by nearly all counties in the
world.

In the Philippines, Act No. 4221 of the Philippine Assembly established adult probation, but it was
abolished in 1937 after two years of existence because it was declared unconstitutional in the case of
People vs. Vera, 37 O.G. 164. However, probation for adult offenders was re-established by Presidential
Decree No. 968 that was signed by President Ferdinand E. Marcos on July 24, 1976.

Development of Parole

The first parole law was passed in Massachusetts in 1837. At about the same time, Captain
Maconochie, in charge of the English Penal Colony in Norfolk Island, Australia, introduced a system
whereby a prisoner was given a “ ticket of leave “ (the equivalent of parole) after earning a certain required
number of marks. Parole was also a feature of the Irish Prison system, which was established in 1856.
Parole in the Irish System was based on an indeterminate sentence and the mark system.

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The Elmira Reformatory, likewise, had a limited form of indeterminate sentence and a method of
marks similar to the Irish system, and parole based on marks. The principal defect of early parole systems
was the manner of determining eligibility for parole. It was the general practice to release the prisoner on
parole after the prisoner had acquired the required number of marks or credits. Today, good parole
practices base release not only on the record of work and conduct of the prisoner but also on the
prospective parolee’s successful adjustment to the community. The other defect of parole then was the lack
of supervision of the parolee in the community. It is now an indispensable element of parole to provide
parole officers to supervise parolees in the field. Hardly can one find a correctional system without parole
this time.

International Aspect of Correctional Work

Countries of Europe, the United States and the Far East had an interchange and cross-diffusion of
methods of criminal justice and penal philosophy and practices among themselves as early as the
beginning of the 19th century. The first interchange of ideas was primarily with reference to the type of
physical plant of prison and especially whether it should be individual or congregate cell and working
quarters.

In the establishment of the Elmira Reformatory, which is considered the forerunner of modern
penology, Brockway adopted ideas of the experiment in Ireland and Australia in the idea of indeterminate
sentences. The founder of the first Borstal, in his first visit of Elmira, was inspired by the new reform
methods and incorporated them in the first Borstal Institution established in England. The English Borstal
became models for other European countries and was highly recommended in the United States.

The first juvenile court which established in Chicago in 1899, was based on principles long used in
England, although England put up her own juvenile court some years later when the Child Act of 1908 was
passed.

The International Penal and Penitentiary Commission

The first attempts to achieve international cooperation with respect to the prevention of crime and
the treatment of offenders were largely the by-product of the development of a scientific approach to the
problem and of a general pattern of international cooperation in the exchange of technical and practical
information. The first international organization in the field was the International Penal and Penitentiary
Commission established in 1875.

This organization was responsible for holding international penal and penitentiary congresses
every five years. The last congress was held in The Hague in August 1950. The Commission developed
publications; studies and international exchange of information, and devoted a great deal of attention to the
formulation of basic or minimum standards of practice in the treatment of offenders.

The League of Nations limited its scope in the social field to the problem of traffic of women and
children. Gradually the League broadened the scope its activities in the field and soon assumed
responsibility regarding child welfare. The League organized the Advisory Committee on Social Questions,
which collaborated closely with the International Penal and Penitentiary Commission. From 1925 onward,

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the League of Nations took a more positive role with respect to penal and penitentiary questions. The
question of the treatment of adult offenders was actually taken up by the League of Nations in 1930. The
League did not create a special unit to deal with the prevention of crimes and treatment of offenders. The
League, however, collaborated actively with the ten existing international organizations specializing in the
field and was officially recognized by the League as “technical organization “.

In 1934, the League of Nations adopted the “Standard Minimum Rules for the Treatment of
Prisoners “, drafted by the IPCC. The League requested all governments to give the greatest possible
publicity to the Rules; to take the necessary measures in order that they might be observed; and to submit
regular reports regarding their application and regarding the prison reforms achieved in the respective
countries. The work of the League, however, was interrupted by the outbreak of the war in 1939. The
participants in the international activity in the field of crime prevention and treatment of offenders were
restricted to the countries of Europe, North America, and British Commonwealth and to a small number of
Asian and Latin-American States.

The United Nations Program

The Social Commission of the United Nations in the first session in 1946 expressed the view that
the United Nations should assume the responsibility for international action in the field of crime prevention
and treatment of offenders. Negotiations between the United Nations and the International Penal and
Penitentiary Commission led to an agreement for the dissolution of the latter body and for the transfer of its
functions to the United Nations. This plan of integration was approved by the IPCC on August 12, 1950.
The IPCC was actually dissolved on October 1, 1951.

The Section of Social Defense is responsible for all functions of the Secretariat in relation to the
United Nations program in the field of prevention of crime and treatment of offenders. This section carries
out its duties (including the preparation of studies, the formulation of basic principles of practice, and the
publication of the “International Review of Criminal Policy“) in close collaboration with the following bodies:

1. Expert Consultants – The United Nations utilizes the services of competent specialists who are not
regular members of the Secretariat. Consultants are required to carry out their assignments in close
collaboration with the Secretariat.

2. National Correspondents – By resolution of the General Assembly on December 1, 1950, member

countries were invited to appoint one or more representatives of expert qualifications or experienced
professional scientists, in the field of prevention of crime and treatment of offenders. The National
Correspondents of the United Nations serve as the Secretariat’s major sources of information on
current developments in the field as well as the major link between the United Nations and relevant
national activities.

3. National Working Groups – National working groups have been established by the secretariat in
several countries, intended to form part of a comprehensive scheme for the channeling of expert
opinion on a national basis. The groups assist the United Nations in its program of study and action.

4. Regional Consultative Groups – The United Nations provides for bi-annual meetings of
correspondents in appropriate “ consultative groups “ in the composition of which ethnic, legislative
and customary affinities are to be taken into account.

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5. International Groups of Experts – This is a group of seven internationally recognized experts. The
group acts as an advisory body and advises the Secretary General and the Special Commission in
devising and formulating policies and programs relative to the prevention of crime and treatment of
offenders.

The United Nations has accepted the responsibility for the organization of World Congresses on the
prevention of crime and treatment of offenders every five (5) years similar to the congresses formerly
organized by the IPCC Word Congresses in the prevention of crime and treatment of offenders were held in
Geneva in 1955, in London in 1960, in Stockholm in 1965, in Kyoto, Japan on August 17-30, 1970 and in
Geneva in 1975. In addition to the quenquennial World congress, the United Nations has organized
periodic regional technical conferences in the field.

THE SCOPE OF THE CORRECTIONAL PROCESS

In recent years, the continuity of the correctional process from the moment of conviction to the final
release from legal control has been stressed. It is recognized that probation, juvenile and adult institutional
care, including jails and parole are all parts of the same process.

Coordination and Direction

In the past it was the common notion that the penal system of a country was limited to the
operation of prisons. Due to the significant progress attained in the field of correctional administration
during the last 30 tears, it is now an accepted practice to include probation, juvenile as well as adult
institutions, and parole as integral parts of the state correctional system. We now realize that society can be
best protected against crime if the offender is handled by the aforementioned agencies in a continuous
coordinated and integrated process, rather than he being dealt with through successive, independent and
loosely coordinated services by the same agencies. Since probation, prison and parole deal with the same
offender and use the same techniques and procedures in the attainment of their objectives; it would be
more economical to the government if these agencies cooperate closely and integrate their services.
Furthermore, subjecting the offender to a series of interviews, tests and examination successively and
repeatedly by these agencies will only increase his bewilderment and confusion and cause him to lose faith
in the sincerity of the authorities to help him get rehabilitated. Therefore, in as much as all agencies having
anything to do with the offender have but one objective to protect society against crime – these agencies
should consult each other and integrate their activities in order to attain their objectives effectively and with
the least expense and effort.

The State Department or Bureau of Corrections should be vested with the jurisdiction to supervise
jails. In the United States, all institutions for adult offenders above the level of the jail fall under the
Department of Corrections or the Bureau of Prisons. In the United States, county jails although locally
managed, are placed under the supervision of Federal Bureau of Prisons. A jail inspection division of the
Federal bureau of Prisons inspects jail regularly. The Director of Prisons has the power to close jails that
are substandard and to approve building plans for new jails. In the Philippines, the Director of Prisons
similarly has supervisory powers over provincial and city jails but his powers are limited in the sense that
they are advisory and recommendatory only. The prison law provides that the Director of Prisons “shall
issue rules and regulations for the government of national and provincial prisons or jails”.

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Coordination of Institutions and Parole

Another step toward the fullest practicable coordination of the state’s correctional services is to
integrate institutions and parole as far as possible. This is so because the two agencies deal with the same
offender. Parole is the extension of imprisonment. The period served on parole is part of the same
sentence that he serves in the prison. The prison program is directed towards the preparation of the
prisoner for parole, and the parolee’s successful adjustment to the community depends largely on the
quality of that preparation. Therefore, in order to attain the objective of reforming the offender, prison ad
parole should fall under one department, preferably the Department of Corrections or Department of
Justice. In California, prison and parole fall under the California Department of Corrections. In the US
Federal government and in the Philippine government prison and parole are under the Department of
Justice.

Institutions for Juveniles and Youths

The upper age limit for offenders considered as juvenile delinquents varies from one jurisdiction to
another. In some countries, 21 years of age while others 18. The determining factor with respect to the
upper age limit for juvenile offenders is the age when the person is considered mature enough to possess
and be able to use all his faculties. In countries, therefore, which have low age limits to delinquency
category, there will be many offenders between 16 and 18 years of age are not yet mature enough to be
confined in institutions for adults. Due to the difference in philosophy and methods of treatment in juvenile
institution and prisons, the problem of how to deal with a great number of offenders belonging to this group
arises. In many states, institutions for Youth Authority, an agency separate from the Adult Authority exists.
In countries or states, which do not have a youth authority program, arrangements can be made legislation
or by agreements between the departments concerned for the transfer of those deemed too mature for
juvenile institutions to a reformatory for youthful offenders.

Special Institutions and Facilities

Penal Institutions under the category of medical facility is of recent creation. Many states or
countries, in diversifying their penal institutions, have established medical facility institutions, reception and
diagnostic centers and institutions for criminal insane. These special institutions all fall under the jurisdiction
of the state correctional system. Examples of such type of institutions are the California Medical Facility at
Vacaville and the Federal Medical City at Springfield, Missouri. The Medical facility at Vacaville performs
the dual function of a reception-diagnostic center for new prisoners and a treatment center for prisoners
who are suffering from chronic diseases and the invalids. The Facility at Springfield, Missouri serves also
as reception-diagnostic center for Federal prisoners coming from the area, and as an institution for the
treatment of narcotic or drug addicts, criminal insane and invalids.

Coordination of Probation and Parole

The nature of probation and parole services is essentially the same. Probation and Parole services
attempt to held the convicted offender adjust himself in the community as a law-abiding and productive
member of the society. Both agencies use the same techniques and procedures in helping their wards.
Administratively, however, both services at are opposite poles. The granting authority in probation is the
judge. Probation therefore is a judicial function. The staff that screens candidates for probation belongs to
the court. With respect to parole, the authority that grants parole is a Board, which is under the executive

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branch of the government. Under the theory of separation of powers, therefore, probation and parole
cannot be placed under one department administratively. However, the supervisory function of parole and
probation over their wards can be assigned to one agency. The Federal government of the United States
has this arrangement-the field supervision of probationers and parolees are done by probation officers.

THE ADMINISTRATIVE ORGANIZATION OF A STATE CORRECTIONAL SYSTEM

During the early period of state correctional activity, prisons were regarded as local institutions and
each was separate and independent entity. Local boards of trustees were appointed by the governor to
advise him on policies and administration. These unpaid boards frequently choose the warden and
supervised his administration. The abuses of power vested in local board of trustees in the matter of
awarding prison labor contracts led to the abolition of the board of trustees. With the increase in the number
of institutions, the need for coordination of institutional activities became apparent, resulting in the creation
of central state boards. Originally, the centralized state boards coexisted with the local boards, exercising
over-all supervision and restraint over the latter. Later, the centralized state boards performed added
administrative functions and to a large extent, displaced the local boards of trustees. They were usually
known as “state boards of charities and corrections. “ The members of the centralized state boards served
without pay and were appointees of the governor. They visited state prisons and advised the governor with
regard to administration and policy, bringing greater coordination than had previously existed.

The creation of state boards of control was the third step in the increasing centralization of
correctional administration. They were composed mainly of paid, fulltime members, with far more
comprehensive responsibilities than previous boards. Their responsibilities included the selection of sites
for new institutions, the direction of care and treatment programs, the enunciation of institution policies, and
the purchase of supplies. Their primary interest however, was in the fiscal aspects of institutional
management.

Present-day Organizations – There is high degree of diversity in the administration of state

administration for corrections.

Local Boards of Trustees – Local boards of trustees still exist in seven states, namely:
Connecticut, Indiana, Arkansas, Delaware, Mississippi, and New Hampshire. The criticism against local
boards of trustees is that their knowledge of corrections is limited. Because they are composed of persons
who are usually have fulltime personal obligations to fulfill in other fields, these boards suffer from
infrequency of meetings; important decisions are delayed, and ineffectual administration is the result.

Ex-Officio Boards – Four states in the United States have their correctional program managed by
ex-officio boards, which include the governor, state treasurer, and other members of the governor’s staff.
The reason behind ex-officio boards is that they are less expensive to operate. The defect of the ex-officio
board is that meetings are infrequent because of the vast activities of these officials in their regular jobs.
This form of administrative control is used principally in states with few correctional institutions.

Boards of Control – The board of control are functioned in at least five states: Iowa, Montana,
Nebraska, North Dakota and West Virginia. The principal arguments against the Board of Control type of
administration are that decisions are often based on compromise, action is slowed down, and it is difficult to
fix responsibility in cases of errors and misadministration.

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Centralized Boards or Prison Commissions – Centralization of administration in a board is

utilized in nine states: Florida, Idaho, Kansas, Maryland, Oklahoma, South Carolina, South Dakota, Texas
and Utah. These boards vary in size of membership from three to six or more persons. They are appointed
by the governor and serve either part time or full time. In some instances, one of the members assumes the
chairmanship and functions as chief administrator of the correctional program. The criticisms against these
boards are that their membership is frequently nonprofessional, their decisions are slow and based on
compromise, and responsibility is diffused.

Divisions Within a State Department - Experienced administrators generally agree that plural
executives (boards, commissions etc.) are unsatisfactory for purposes of efficient administration. There is
no unanimity of opinion, however, as to whether corrections should be established as an independent,
separate state department or integrated in a larger department of institutions or welfare. Where the
correctional problem is big, both in terms of prison population and number of institutions, a separate state
department seems advisable. Integration within a state department of welfare is suggested for smaller
states by the American Correctional Association in its manual on suggested standards for correctional
administration. Fourteen states have their correctional program administered as a division within a larger
department. These states are Illinois, Minnesota, New Jersey, Ohio, Pennsylvania, Wisconsin, Kentucky,
Louisiana, Maine, Rode Island, Tennessee, Vermont, Washington and Wyoming. In Illinois, penal
institutions are administered by the Department of Public Safety. The correctional functions are
administered by a division of prisons. A division of correction acts as the parole board and consists of the
superintendent of prisons, superintendent of crime studies are headed by a criminologist, which supervises
the direction of the study and classification program, and the medical program.

The basic objections of the division within a state department type of administration, is that there is
likelihood that the correctional phase of the program will be subordinated to other activities of the larger
department. Adequate funds are more difficult to procure. A division within a state department tends to
thwart the development of a coordinated correctional program.

Separate Department of Corrections – Undoubtedly the most refined administrative organization

for corrections is the separate department with a single executive. There are nine states with separate
departments; Alabama, California, Georgia, Massachusetts, Michigan, Missouri, New York, North Carolina
and Virginia. The central office is organized to provide a division of responsibilities among members of the
staff. In a few states all adult probation and parole functions are administered by the central department.
The California Department of Corrections is normally composed of the director of corrections, the board of
corrections, the Adult Authority, the Board of Trustees of the California Institution for Women, the Youth
Authority. The central office staff includes three deputy directors, one responsible for coordination of the
central office staff, one responsible for fiscal and property functions, and the other, for crime studies,
research and correction coordination of all levels of government within the state. Professional leadership in
the integrated department allows for the orderly development of correctional activity. It is by far the most
satisfactory administrative organization developed to date.

The Philippine prison system is patterned after the Federal Bureau of Prisons of the United
States. It is a bureau within the Department of Justice.

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THE ADMINISTRATIVE ORGANIZATION OF AN INSTITUTION

The organizational structure of a prison depends on the objectives of the agency. Prisons are no
longer places for retributive punishment of the offender but for his rehabilitation. The best organizational
structure of a prison, therefore, is one that serves to carry out the program of rehabilitation.

Single Administrative Officer – A prison or correctional institution should have only one
administrative head called superintendent or warden. Many of the early penal institutions in the United
States were administered independently by a board composed of three members: Experience of these
institutions has proven that decision making by a Board requires a lot of discussion and other
consideration, hence actions are very much delayed. It has been proven that leadership under a
professionally trained prison administrator is dynamic and efficient. All prisons and penal institutions are
now headed by warden or superintendents. The Superintendent or warden should be given a wide
discretion to run his institution within the framework of the law, rules and regulations.

The successful administration of a prison depends largely on the personality and leadership of the
warden. It is therefore important that he should be a man of unusual capacity, not only in the general field
of administration but also in the more specialized aspects of correctional administration. A superintendent
or warden, before he is appointed as head of the institution, should have a minimum of five years of
experience in a subordinate position of responsibility in a similar organization.

The five important responsibilities of the head of an institution are as follows:

1. Decision Making - is important in the prison setting. The warden limits his role to considering policy
matters and major problems. He delegates with confidence, to well trained subordinate executives,
sufficient authority for management of daily operations in line with established policy.

2. Control prison operations and activities - It has always been important to insure that the program
and policy are carried out and avoid mismanagement by incompetent personnel or by individual or
group of inmates getting into positions of power. The warden depends more on sound organizational
planning, written manual policies and procedures, and an effective communications system than
controlling operations by constant personnel inspection of all areas and frequent contact with all
personnel and a large number of inmates.

3. Public Relation - The warden today provides leadership to involve all personnel in a program aimed
at gaining public understanding, goodwill and community acceptance.

4. Personnel Program - It is the warden’s responsibility to provide leadership and assign responsibility
for recruitment, selection, training and supervision of personnel.

5. Executive Leadership - must be constantly demonstrated by the administrative head. He must offer
leadership and motivation to his staff in his personal drive, knowledge and sincerity of purpose and
must tie together all programs or discipline in cementing a meaningful administrative course.

Organizational Subdivisions – The institution should be managed by organizing like functions

under major administrative subdivisions. However, the grouping should be based on the functions and
number and kinds of inmates, and the nature of the institutional program. The program directs both custody

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and treatment, thus better coordination and integration of all functions are possible when within one division
under one manager. Besides, the personnel, both custodial and treatment, are organized into treatment
teams for supervision of inmate groups of a practical size, thus personnel really know the inmates for
control and treatment purpose.

The organizational structure should be based on principles of sound management. The number of
division heads responsible and reporting to the warden should be small. This injunction should also apply to
lower levels in the organizational structure.
The typical prison or correctional institution has five distinct subdivisions, namely, business
management or administrative, custody, classification and treatment, production and medical.

The business management or administrative division of the institution is charged with the
function of personnel including the recruitment and training of personnel. It is also responsible for the
procurement of supplies and materials, plant maintenance and other administrative services of the
institution.

The custodial division takes charge of all matters pertaining to the custody of prisoners and
security of the institution. This unit is headed by an assistant warden or assistant superintendent. The
custodial groups constitute the bigger number of the personnel in a maximum or medium security prison.
There are five or six levels of rank in the custodial force. Most prisons follow the military pattern of
organization. For every six or eight guards there is one senior prison guards are responsible to the
Supervising Prison Guard (equivalent to the sergeant). Equivalent to the commissioned officer in the army
are the Security Officers I, II and III. The prison guard is the lowest in the levels of the rank. He is assigned
to man the sentinel posts, guard houses and gates. Also, he escorts prisoners to work in projects, to courts
and other places outside the prison when such leave is duly authorized. The senior prison guards take
charge of a squad or group of guards in a work detail or escort detail. They are also assigned to man
important posts such as control gates, mess halls and living quarters of prisoners. The supervising prison
guards take charge of a big group of guard details or several posts within the perimeter of the institution.
The security officers are assigned as commanding officers of the three shifts of guards, morning, afternoon
and night shift, and the Escort Company or platoon. The head of the custodial force is a Security Officer III
or Captain. He holds the rank of an associate warden.

The organizational set up of other subdivisions, namely, the administrative, classification treatment,
production and medical does not follow the military pattern, but there are various supervisory levels typical
of civilian organizations. In the management of the prisons or correctional institutions, the principles of
management applicable to any organization or agency hold true. Some of the fundamental principles are
the following:

1. The organizational framework of the prison should be planned to group together like functions,
services and activities to facilitate personnel treatment.
2. The organizational subdivisions should clearly indicate through the chain of command appropriate
levels of authority and responsibility.
3. There should be a booklet of rules and regulations and operating procedures to guide the
personnel.
4. A program of personnel and development must be maintained to include analysis, description and
classification of positions, recruitment and selection, in-service training and promotion.

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THE PHYSICAL PLANT

The study of the structural designs of prisons since the first prison was established reveals the
physical plants of institutions have changed in accordance with the changing philosophy of penal work. The
early prisons were constructed as strong and as escape proof as could be suit the purpose of imprisonment
which was then penitence. Modern trends of correctional administration encourage the use of open
institutions in line with the present concept of rehabilitation as the objective of the correctional system.

The Philosophy, the Program and the Plan

The plan of building should express the purpose of which it is to be put. A hospital building should
be designed to carry out all the purposes and functions of the hospital program as easily and efficiently as
possible. Many prisons have been built with little regard to changing philosophy and changing program
needs.

The traditional concept of prison being a place for punishment and making prisoners work at hard
labor has been replaced by the present concept that the loss of liberty by confinement in an institution
constitutes the penalty. While the penalty is being served in prison, there should be carried an intensive
program of training and treatment aimed at the ultimate rehabilitation of the inmate confined therein.

The physical plant of big prisons in the past has always handicapped the rehabilitation work of the
administrators. The fundamental characteristics of prison architecture lag far behind from the progress that
correctional ideals and techniques have developed. The goals of correctional work can far be realized, not
until the physical plant of correctional institutions brought into basic harmony with the assumptions and
requirements of the philosophy of rehabilitation. The design of an institution can and does affect the
operational prison atmosphere.

The Diversified State System and the Single Institution

Whenever a single institution is planned the entire needs of the state system for correctional
institutions should be re-examined and studied. It is not possible to set up specific standards with respect to
the diversification of institutions by types of inmate which are applicable to all state correctional systems.
Different countries have vastly different needs because of size, composition of population, economic status
of the state and financial resources and similar factors.

It is however possible for a small correctional system to have a certain degree of diversification of
program and custody within a single institution. There is a general agreement that female prisoners should
be segregated from male prisoners; and that with few exceptions, boys less than 18 years of age should be
segregated from older adults. It is possible to have a farm barracks outside the walls of an adult institution
which can be operated as a minimum custody facility. A special building of maximum security for the more
dangerous and incorrigible prisoners can be placed in an institution. The principle here is that as soon as

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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:

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.

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d. The Minimum Security Institution - This type of institution is usually without a fence, and
if there is one, its purpose is to keep away the civilian population from entering the
institution rather than preventing escapes. There are no bars or keys to dormitories or
armed guards within the institution. The housing units are composed of dormitories
requiring little or no supervision by correctional workers. The United Nations Congresses
held in Stockholm and in London in 1960 and 1965 passed resolutions urging more use of
open institutions than in maximum or medium security institutions.

e. The Special Security Facility - About two percent of an unselected prison population will
consists of incorrigibles, intractable, and dangerous persons who are so difficult to
manager that they are a source of constant disturbance and difficulty even in the typical
maximum security institution. They are so few in number that even in a big prison system it
is not feasible to put up a special institution for them. The need for heavy custodial
restraints in a maximum custody prison, calls for a large employee-inmate ratio. The
smallness of the institution makes operating costs prohibitive. The normal, practical
solution is to build a special security facility within the confines of the maximum institution.
The facility within the larger institution should be located and constructed in such a way
that any general disturbance within the building will not tend to excite or inflame the
general population

4. Diversification of Institutions by Medical or Mental Conditions - Numerous medical and mental

conditions among an unselected prison population call for specialized housing and program.
Examples of these are the psychotics, the extreme psycho-neurotics with psychotic episodes, the
sex offender or sex deviate, the tuberculosis prisoners, and others requiring continued long-term
treatment for chronic conditions. The custodial features of an institution for the medically infirm
prisoners should be varied to meet the needs of the different types of prisoners to be
accommodated. There will be at least one maximum-security building, various grades of medium
security, and some minimum. The general tone of the institution will be that of a hospital with
medium security features.

The Plan in Relationship to Types of Inmates and Program

Generally, prison administrators have attempted to fit a program as best they can into an existing
facility, and for tailoring the program to these facilities. They forget that the first step in making the plan is to
make a careful analysis of the types of inmates planned to be housed in it and to work out in great, detail
the program to be provided for them.

Selection of the Site

The location of the institution is an important aspect of prison planning. A prison located in
uninhabited area may in a few years be completely surrounded by city development. This makes expansion
and remodeling difficult, so that congestion will inevitably be the outcome. Also, the institution will become a
hazard to the surrounding area. Care, therefore, should be exercised in the selection of a site, taking into
consideration the area,, agricultural land, topography, foundation conditions, transportation facilities,
climate, water supply, electrical supply and nearness to a community with adequate resources for supplies
and for the advantages of community living for the personnel.

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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
.
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 rehabili-
tative 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 segre-
gated. 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

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at, through the coordination of diagnosis, planning, and treatment activities; and an informed continuity of
these activities from arrival to release of the prisoner.

The first two phases of the classification process, namely, diagnosis and treatment planning,
take place in the reception center, which is a special unit separate from the prison, or in the classification
clinic of the prison. The third phase which is the execution of the treatment program takes place in the
operating institution or prison.

Reception Diagnostic Center (RDC)

In line with the latest approach to treatment — the individualized or casework method — it is
necessary that prisoners must undergo a diagnostic examination, study and observation for the purpose of
determining the program of treatment and training best’ suited to their needs and the institution to which
they should be transferred. These processes take place in the Reception & Diagnostic Center within-the
first (60) sixty days of their commitment to prison.

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

1. There must be a sufficient member and variety of institutions or treatment facilities available to
permit placement of each individual in accordance with his treatment and training needs.
2. There must be an integration of plan and program, including the reception center, treatment
facilities in .the prison, and parole placement and supervision.
3. The public must be educated to accept the basic concept of treatment as opposed to mere
punishment.
4. There must be a sound philosophy of treatment and training throughout the entire correctional
system.
5. There must be good physical facilities and personnel.

The RDC Staff and their Functions

1. Psychiatrist — examines the prisoner and prepares an abstract of his findings. The abstract
includes a brief statement of the mental and emotional make-up of the individual with particular
reference to abnormalities of the nervous system and the presence of psychoses,
psychopathic behavior, neurotic tendencies, paranoid trends and other special abnormalities.
The psychiatrist makes a recommendation with regard to custody and transfer and calls
attention to any special conditions which limit or indicate special type of work, educational
training, recreation or disciplinary treatment.

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2. Psychologist — interviews the man and administers tests. The psychological abstract
presents a statement of the psychologist's findings with regard to the mental level, general and
special abilities, interests and skills of the prisoner. The outstanding factors contributing to the
maladjustment of the individual are pointed out. A prognosis for institutional and parole
adjustment based on the inmate's attitudes, characteristics and peculiarities is included. In this
abstract, the psychologist makes his recommendation with regard to custody, transfer and
general education and further study and treatment of the man.

3. Sociologist — the prisoner is interviewed by the sociologist. Additional information is obtained

through correspondence with the prisoner's friends, relatives, and social agencies. The
objective facts of the personal history of the inmate are recorded in the social abstract, which
also includes an analysis and interpretation of the individual's social situation and relationships.

4. Education Officer or Counselor — the prisoner is interviewed by the educational officer in

order to determine his educational strengths and weaknesses and to recommend suitable
educational program for him. He conducts orientation classes in general education in order to
change the inmate's attitudes toward education. He gives counsel to inmates found wanting in
educational needs. He prepares a report of every inmate on general education as part of the
case summary of the inmate.

5. Vocational Counselor — the vocational counselor, by interview, obtains a record of the man's
former employment and tests the man to determine his general and special abilities, interests
and skills. The results comprise the vocational abstract and recommendations are set forth
with regard to the types of vocational training which should be made available to the inmate
during his incarceration.

6. The Chaplain - The inmate is interviewed by the Chaplain and he is encouraged to participate
in religious worship. The Chaplain's abstract states the religious affiliation of the prisoner and
gives his opinion as to the significance of the inmate's religious attitudes in determining his
conduct. The Chaplain makes recommendations with regard to further religious training.

7. Medical Officer — a complete physical examination is given each inmate at which time his
medical history is obtained. The examination covers the major organs of the body, such as the
lungs and the heart, and includes tests of the blood and sense organs. The doctor correlates
the patient's previous health history with present findings in the medical history and physical
examination, plus recommendation for medical treatment.

8. Custodial-Correctional Officer — the Chief of the correctional unit prepares the custodial
officer's abstract which includes all significant observations made by the correctional officers of
the inmate's behavior and interactions to various situations in the dormitory, place of
recreation, work assignments, etc. The report includes the custodial officer's recommendations
on transfer and type of custody of the prisoner.

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Admission Procedures

New prisoners are received either in the reception center or in a prison and later to transfer to the
center. The new prisoner usually comes from a provincial or city jail where he is immediately committed
upon conviction by the court. He is transferred to the National Prison escorted by guards of the committing
jail. On arrival at the Reception Center or prison, the following procedures are followed:

1. Checking of commitment papers if they are in order - A commitment paper is in order if it

bears the signature of the judge, or if it has the signature of the Clerk of Court and seal of the
court. The next step is to establish the identity of the prisoner in order to be sure that the
person being committed is the same person named in the commitment order. The identity is
established through the picture and the fingerprint of the prisoner appearing on the
commitment order.

2. Searching the Prisoner – after the commitment papers are checked and the identity of the
prisoner established, the new prisoner is "frisked" and his personal things searched. Weapons
and other items of contraband are confiscated and deposited with the property custodian.
Money, watches, rings and other pieces of jewelry are deposited with the trust fund officer
under proper recordings and receipts.

3. Issuance of Clothes and Equipment - from the receiving office, the new prisoner goes to the
supply room where he receives his prison uniform, mosquito net and beddings.

4. Assignment to Quarters - after the prisoner is issued his clothing’s and beddings, he is sent
to the quarantine unit. The quarantine may be a unit of the prison or a section of the Reception
Center.

5. The Quarantine Unit - The new prisoner spends from 7 to 10 days in the quarantine unit.
During this period he is given thorough physical examination including blood test, x-rays,
inoculations and vaccinations. One purpose of the quarantine is to insure that the prisoner is
not suffering from any contagious disease. The results of the examination are submitted to the
Chief of the Center in written form. This report forms part of the diagnostic record of the
prisoner.

Orientation Procedures

The initial contacts of the prisoner with the Center are very meaningful. The first impressions
received by him may affect his entire institutional adjustment.

The orientation of the prisoners takes place within the first few days in the Center. It consists of
giving them a booklet of rules and regulations and explaining the rules to them; conducting group meetings
of Center inmates to explain the purposes of the treatment programs; holding sessions with the Chief and
individual members of the Center staff to explain the basic purpose of the Center and what the inmates
should do in order to profit from their experiences.

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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:

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.

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The Admission Summary

The written reports submitted by the staff, of the center regarding their findings on-the prisoners
are compiled, and form the admission summary: The admission summary-.becomes the, nucleus of the
cumulative case history of the prisoner. The admission summary consists of the following:

1. An account of the legal aspects of the case. In addition to citations from the summaries of the
reports, of law enforcement, judicial, and other officials, this may contain an explanation by the
inmate of how he got into trouble;
2. A summary of the man's earlier criminal history. If he has previously been in a juvenile or an adult
correctional institution, reports from these places contain information regarding his program therein
and related facts about his attitudes and behavior;
3. Social history, or the man's biography as a person, based upon the probation report or field
investigation, staff interviews, tests, examinations, and other staff observations. This may also be
provided or amplified by his family or friends, former employers, and others who may assist
through interviews or answers to questionnaires;
4. Physical condition;
5. Vocational interests, competence and experience;
6. Educational status;
7. Religious background and interest;
8. Recreational interest;
9. Psychological characteristics evaluated by the psychiatrist and the psychologist;
10. Behavior in the Reception Center, reported by the custodial staff;
11. Initial reaction to group psychotherapy or group counseling or other forms of treatment.

From the above interview and counseling situations, data are obtained from the inmate's
standpoint, that is, the man's own story, as well as from other persons. The admission summary becomes a
practical document when the final page is devoted to a listing of recommendations in the above areas of
diagnostic study for the inmate's institutional and parole program.

Most correctional systems have found it advisable to prepare a master stencil of the admission
summary from which additional copies may be made through a duplicating process. Copies are required
not only for the classification committee but also after the reception period for the central office of the prison
system, and still later for the parole agency. Requests for copies of the case history may also come from
other institutions or appropriate community agencies.

Usually the cover page of the admission summary contains the summary of recommendations of
the Center in the above eleven areas of diagnostic study for the inmate's institutional and parole program.

The admission summary is prepared in at least three copies, and distributed as follows: one copy
goes with the prisoner whichever prison he is confined; one copy goes to the Central record system of the
Bureau; and one copy remains with the Reception and Diagnostic Center. The admission summary is used
by the Classification committee as guide in carrying out the rehabilitation program of the prisoner in the
operating institution; and by the parole office as guide in parole program planning and parole supervision.
:.

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Transfer Out of the Center

When the admission summary is completed, it is forwarded to the Director of Prisons for approval
of the tentative program prepared for the prisoner, after which the prisoner is then transferred to the
operating institution.

Interpretation to the Prisoner

Just prior to transfer the inmates should be interviewed, either individually or in groups. This
interview should make clear to the individual some of the reasons why he is being transferred to a particular
institution and what will be expected to him there. The essential findings of the center, as well as the
recommendations made for his program, should be interpreted to the inmate. He should, however, be
made to realize that there may have to be some changes in his program. For example, occasionally his
assignment to an activity in which he is interested may have to be postponed owing to lack of facilities in
the institution.

The final interview is much more effective when it is done on an individual basis. In spite of the time
required, this should, if possible, be done. Through the individual interview, the man may get a much
clearer picture of what the reception center has found out in his case and be helped to recognize his own
responsibility for making a satisfactory adjustment in preparation for release. In some correctional systems,
the interview with the individual to discuss the findings of the reception center in his case is carried out at
the time of initial classification in the transfer institution.

The Operating Institution

The prisoner is transferred from the Reception and Diagnostic Center to the operating institution
with a tentative plan of treatment already prepared. The treatment plan is contained in the Admission
Summary which is sent to the Classification and Treatment Division of the prison for implementation. On his
arrival in the 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

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The personnel of the Classification Committee, as may be noted above, are the division heads and
specialists who are primarily concerned with diagnosis, training, treatment and custody of inmates.

The Admission Classification Meeting

The purpose of the admission classification, sometimes called initial classification meeting is to
plan a program for and with the inmate, which will be realistically directed toward his rehabilitation. The
admission classification meeting takes place shortly after the inmate's transfer to the institution from the
Reception Center. A member of the Committee, usually the caseworker summarizes the diagnostic
material, which is the Admission Summary, prepared by the Reception Center, and presents the important
factors to be considered in program planning. Usually the prisoner; appears before the Committee so he
can be available for interview and consultation regarding major decisions to be made by the Classification
Committee on his assignments. The Committee decisions cover, all-important phases of the inmates’ life in
the institution. The principal decisions are as follows:

1. Custody classification - this usually determines the type of supervision and the type of restriction
under which an inmate live
2. Housing - inside or outside cell, squad room, or dormitory
3. Transfer - does the prisoner properly belong to this institution or is there another institution in the
system where he would be suitably confined?
4. Medical and Psychiatric treatment
5. Occupational or vocational training assignment.
8. General education program
9. Casework and social services.
10. Religious and recreational recommendations.

The Classification Committee considers and reaches at least tentative agreements on the profile
and traits of the prisoner with which institutional personnel who are to supervise him should be familiarized.
A summary of this information and suggestion and precautions as to his supervisions is often furnished the
personnel who will be in regular contact with him on the job, in quarters, in the recreation program, school,
or in other areas of institutional life.

Reclassification

The prisoner appears before the Classification Committee periodically after his initial
classification to keep current his treatment and training program. Human personality and behavior are
constantly changing and it is essential that the inmate's program be correspondingly adjusted in
accordance with his changing needs. The Classification committee, through constant reclassification of the
prisoner, attempts to maintain continuity and integration of the various institutional services.
Reclassification is necessary to assure that individual needs are not overlooked, and it must continue from
the time of admission classification until the inmate is released.

The Cumulative Case Summary

In pursuing the individualized or casework method of carrying out the treatment program of the
prisoners, it is essential that a cumulative summary be maintained for each individual. The inmate's
cumulative summary starts from the admission report and submitted by department heads of the prisoner's

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adjustment to his assignments. Every significant change of status or program concerning the prisoner is
entered in the cumulative case summary. This record serves as the basis for determining the prisoner's
fitness for release on parole.

Classification Procedures Immediately

Prior to Parole or Release - When the prisoner has already served the minimum or a
considerable portion of his sentence and that his records show successful adjustment to his treatment
program, he is scheduled to appear before the classification committee for pre-parole interview. The pur-
pose 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 psy-
chological 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.

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THE CORRECTIONAL TREATMENT PROGRAMS

Goals of the Treatment Programs

Institutional programs consisted mainly of custody and some work. As the philosophy concerning
causes of crime changed, the corresponding concepts and objectives of institutional programs also
changed. Modern thinking indicates that the prison today should be geared to protect society, and also, to
rehabilitate the offender. This is long-range rehabilitation because if we succeed we will be sending the
offender back to the community as useful, law-abiding citizens for the rest 6f his life. It is therefore, the
responsibility of the institution, in rehabilitating the offender, to constantly strive to change and improve the
prisoner's attitude. To rehabilitate the prisoner mainly by changing attitudes is the main goal of the
treatment program.

Treatment services- are geared toward improving an offender's attitudes and philosophy in life.
We use education very basically and very widely as a rehabilitation cornerstone. Various types of education
whether they are academic, vocational or commercial, play very important roles in the formation of attitudes
and character. We use religious services and counseling in prison for the very same reason. Recreation
and leisure time programs are very instrumental also in the treatment process, as they contribute to good
physical and mental health and in many ways are connected with the teaching process. Work is still a main
treatment tool and should be considered as an integral part of any treatment program. Other services such
as medical care, individual and group counseling as well as visits and correspondence, are parts of
treatment and each, in its own way, contributes to the over-all treatment process.

The entire process needs individualization whenever and wherever possible. Individualized
treatment, in turn, depends upon a sound workable classification system. Without treatment, we would only
be containing people and protecting society for a short period of time, but with treatment, the proper type
for each 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.

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Such reports shall always include report by a medical officer, regarding the physical and mental
condition of the prisoner.

"The reports and other relevant documents shall be placed in an individual file. This file shall be
kept up to date and classified in such a way that it can be consulted by the responsible personnel
whenever the need arises."

Employment of Prisoners

Prison labor was originally intended to be punitive. It was imposed on the offender as a penalty to
be suffered by him in addition to imprisonment. Thus, the early forms of prison labor were 'not constructive.
Such work as carrying stones from one corner of the yard to the other, and digging a big well and filling it
up again, were commonly employed to punish prisoners. Later, prison labor was intended to reduce the
cost of maintenance of the institution.

The Pennsylvania- system, with its solitary confinement arid handicraft inside the cells, and the
Auburn ' system' with its congregate shops, brought about a realization that prisoners should work for profit.
The Auburn system triumphed over the Pennsylvania system because the former proved that prisoners
could be more profitably employed in congregate shops than in solitary confinement.

In the United States there emerged six systems of prison labor, aside from agriculture. Of the six,
three were public labor systems and three were private labor systems. In the public labor system the state
retained the control of the maintenance and discipline of prisoners, the employment of prisoners and the
sale of the products. In the private system, however, private interests controlled at least one of them.

The six systems of prison labor are:

1. Lease System - The state turns the prisoners over to a private lease. The latter feeds clothes,
guards, and houses and disciplines the prisoners. This system prevailed in the southern states
of the United States. These systems no longer exist.
2. Contract System - The state, under this system, retains control of the prisoner and the
contractor merely engages with the state for the labor of the inmates, which is performed within
or near the prison. The contractor supplies the raw material and supervises the work and pays
the institution the stipulated amount for the services of the prisoners. This system no longer
exists too.
3. Price-Piece System - Under this system the contractor supplies the raw materials and pays
the state a determined amount for the work done on each article produced. The institution
retains control of the inmates including the daily quantity of work required. This system has
also been abolished.
4. Public Account System - In the Public Account System, the state buys the raw material,
manufactures and sells the products and assumes all the risks of conducting a manufacturing
business. Today, prison-made products cannot be sold in the open market.
5. State-Use System - Under this system, the state conducts the manufacture of the article but
the use of the article is limited to state owned institutions. The principle of the system is that
the state produces articles or merchandise for its own consumption alone and in the process,
affords the prisoner opportunities to train for a vocation.

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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 property. In view of these facts, it is difficult to
understand why those who are concerned with the problem of running prisons are not vitally concerned
with the problem of idleness and some ways of overcoming it

The employment of prisoner has other values. Inmates who work contribute to their own support
and it hereby reduces the tax burden on the free citizens who are required to bear the expense of
maintaining penal institutions.
Work not only lessens the boredom of intuitional life; but also is; a means whereby many inmates
maintain or regain, their self-respect.

Penologists and prison administrators believe that the principal value of employment is in the
opportunities it provides for developing and reviving skills and work habits, which are instrumental in the
rehabilitation of inmates and in then-successful occupational adjustment in free society. Greater emphasis
should therefore be given on the necessity for developing diversified types of work activity, 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.

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.

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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 adminis-
tration, 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 rehabilitation of the
prisoners.”

"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.

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Religious Services

The importance of the religious programs in prison cannot be over-estimated. Some penal
administrators hold the view that the chaplain is the most important person in the rehabilitative set-up, of a
correctional institution. It is the chaplain who points to the prisoners their relationship to God and their
fellowmen, and who by work and example, leads them most effectively toward complete rehabilitation. Men
and nations have found that they cannot live without the guiding, sustaining and inspiring power of religion.
If this is true of people in normal society, it is doubly true of men who are confined in correctional
institutions.

Functions of the Chaplain in a Prison

The chaplain in a correctional institution performs the following functions:

1. Conduct of sacramental ministry — this includes the religious services conducted regularly and
the special services connected with the administration of baptism, confession, communion, etc.
Religious worship is a central and indispensable part of all great religions with the primary functions
of keeping man in proper relationship’ with God arid guaranteeing peace’ of soul and happiness. In
prisons and jails, it has an important secondary function because of the beauty and dignity it
introduces into the lives of prisoners, being amid surroundings of drabness and monotony.

2. Conduct religious instructions - This includes preaching in the pulpit, classes in the
fundamentals of religion, in the bible and the fundamental truths of the various denominations.
Choir organization and training and advanced religious training for special groups are important
phases of the chaplain's work with the prisoners.

3. Conduct of a private and personal counseling ministry — this includes interviews in his own,
and visiting the men in the hospital, psychiatric ward, punishment cells, etc. It is in private
counseling that the chaplain tries to inculcate the great lessons, which will lead to repentance, and
the change of heart so necessary for rehabilitation. It is a known fact that a chaplain of whatever
denomination enjoys the confidence of prisoners in a degree possessed by no official of the
institution. The chaplain tries to use this confidence to promote the best interest of the individual
and of the institution.

4. Ministry to inmate’s families and related or concerned persons – many of the tensions in a
prison come from worry on the part of prisoners that they are being forgotten by persons on the
outside. A large portion of the chaplain’s time will be taken up with these problems. It is almost
impossible for a man who is intensely occupied and emotionally concerned with friends and
relatives on the outside, or who is neglected by them, to consider his own character adequately
and to take steps to improve it. The chaplain’s concern for the character development of the men in
his charge will inevitably lead him to reduce these outside obstacles to the minimum.

5. Ministerial service to the staff and the operational personnel – just as the prison chaplain
strives to act as a pastor, guide and counselor to the inmates, he will willingly and conscientiously
fulfill the same office towards those who work with him in the institution.

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6. Interpretation ministry to the community – the chaplain is position to perform an interpretative

ministry to the community. Religious organizations brought about the first reforms. By their efforts,
prisons were changed from places of torture to places of rehabilitation and reformation. It is a
definite part of a chaplain’s duty to explain the purposes of modern correctional administration to
the community at large in order to enlist their whole-hearted cooperation in the objectives of
present-day correctional procedures.

Administrative Responsibilities of the Chaplain

Aside from the pastoral functions of the chaplain, he performs certain administrative jobs. As a
member of the diagnostic staff of the institution, the chaplain conducts initial religious interviews with written
evaluation of every prisoner. He is an indispensable member of the classification committee. It is not
desirable that the chaplain be a member of the disciplinary board.

It has been found helpful in many cases for the chaplain to submit in writing to the parole board his
evaluation of the individual members of his congregation. The report will bear mainly on the prisoner’s
activities in his religious program, but there is no reason why he should not call attention to other factors
such as change of attitude and improved institutional adjustment generally.

Another important work of the chaplain is the ministration of the sick. He should make
arrangements with the chief of the hospital to be notified immediately if one of his patients is laced on the
critical list. Frequent visits to the hospital will keep him in touch with men who need his assistance.

The Educational Programs

The educational program of a correctional institution is one of the most important phases of the
treatment and training of prisoners. There is no common plan of education for all institutions. In a
reformatory type of institution, where education is primarily compulsory, the paramount emphasis is on
vocation training. In institutions for young offenders there is need for academic education at all grade
levels.

A sound correctional education program, irrespective of a type of penal institution, should attempt
to achieve the following goals:

1. To offer an inmate sufficient academic education to enable him to face the need of the world as
a better equipped person;
2. To provide vocational training so that he might take his proper place in society and be
economically free; and
3. To offer cultural and hobby activities that will enable him not only to be better adjusted to his
prison circumstances but to broaden his area of interests and cultivate aptitudes looking
forward to 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

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contributions that the correctional system can offer to society. Tangible results are most easily seen in this
area although it is one of the most difficult problems confronting educators. For lack of appropriation to
employ civilian teachers, inmates are usually hired to teach in prison schools. It is as well desirable as in
public schools that fully qualified teachers in primary grades in prison should be hired. Every illiterate
should attend literacy classes until he becomes literate.
The intermediate level, which includes the fifth and sixth grades, composes about 25% of prison
admission. The educational needs for this level will attempt to provide a better command of the tools for
more intelligent prisoners. The intermediate education program will prepare them high school education.

The academic or high school level composes 10% to 15% all admission. Courses for high school
credit should be offered to be staffed by fully qualified teachers, and the program of the studies should fully
meet standards. Students attending high school classes should be well selected, so that only those who
are willing and able to achieve academic goals should be allowed to pursue the program.

Vocational Education- a large portion of the prison population needs more training and
experience in the essential of earning a living. A well-designed program of vocational education may
contribute to the socialization of the prisoner as well as to development of trade skills and knowledge.

The vocational training program of a prison should have the following objectives:

a. The development of skills necessary for successful work in a socially acceptable

occupation.
b. Opportunities for teaching related trade information including blueprint reading, trade
science, trade mathematics, occupational information, drafting and sketching and safety
education.
c. Exploratory shop work to help certain prisoners discover their aptitudes and interests.
d. Assistance to those with limited capacities to become better equipped to meet the
problems of semi-skilled workers in technological age.
e. Training for long-term inmates so that they may be more useful and happier in institution
assignments.

The vocational education program is usually geared to institutional maintenance work and the
prison industries projects. Institution maintenance aims at the efficient operation maintenance of the prison
and the utilization in every possible way of maintenance work to provide on the job training to prisoners.

The prison industries projects, in order to contribute fully to the vocational training of prisoners,
should follow a policy of requiring the pre-service and on-the-job training of employees. For prisoners,
exploratory and preliminary training should be done in the vocational training shop with the systematic flow
of trainees, through the classification or assignment committee, into appropriate prison industries.

The Philippine Prison System offers several vocational courses for prisoners, among which are
radio mechanics, auto-mechanics, horticulture, shoemaking, tailoring, carpentry, hollow block making,
poultry and piggery raising and electronics.

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The Recreational Programs

Recreational programs in prison are an important part of the rehabilitation program. A good prison
administrator should provide wholesome, healthy activities for men confined in his institution. Many penal
institutions are limited in this respect due to lack of facilities, limited funds, or absence of a well-rounded
program for the inmate population.

The objectives of the recreational program are the following:

1. To provide an environment that will be conducive to the best mental and physical development of
the inmate.
2. To help the prisoners to become aware of their individual conditions and to provide a method of
improvement.
3. The development of proper attitudes and conduct necessary for cooperative competition.
4. To arouse the interest of the prisoners in the recreational program to the extent that they will
continue this kind of activity after their release. This has proven to be a good morale booster and
an excellent asset to the prisoners on parole.

Usually the recreation period is conducted during “free time” schedule, affording opportunity for
each man to decide for himself whether or not he desires to participate on a voluntary basis. If the inmate
does not volunteer or usually join in the sports activity he is probably the passive type and will always be a
spectator. This is the inmate who needs encouragement. A properly organized program could be the
medium of releasing the stored up tensions of the timid, withdrawn types of individual.

The recreation program should be designed to meet the needs and interest of all inmates. There
should be provision for active, competitive sports and strenuous activities for benefit of the physically fit. For
those who, for one reason or another, are physically incapacitated, non-participating forms of recreation
should be made available. Each prisoner should be able to find something of interest in the program.
However, he should not be forced into any activity for then it would cease to be recreation.

A well- rounded recreation program includes the following activities:

1. Sports athletics - A wide variety of physical activities are suitable for use in the recreation
program. The program in sports and athletics is composed of several groups such as:

a. Individual and Dual Sports - The individual sports can be carried on with satisfaction by a
single individual. Included in this group are bowling, swimming, driving, weightlifting, track
and field, and gymnastic. Dual sports require two individuals to make playing possible.
Examples are badminton, handball, lawn bowling, paddle tennis, etc.

b. Team sports - Team sports involve participation by four or more persons on one team.
The individual cannot participate without the acceptance and cooperation of his teammates
and opponents. Included in this group are baseball, basketball, volleyball, football, etc.
Participation in team sports strengthens the individual’s ties to proper and accepted
conduct in-group and social living activities. It develops good character citizenship and it
assimilates social and cultural differences. Also, in team sports there are many
opportunities for people to learn desirable habits and attitudes, to develop emotional

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maturity, restraint and tolerance and to strengthen personality traits, which are important in
the individual adjustment to everyday living. Prisoners should be given ample opportunities
and encouragement to play informally by choosing their own teammates and organizing
informal competition in basketball, volleyball, softball, and similar sports. There should be
intramural competitions, and if possible the prison team should be allowed to play against
outside teams.

c. Combat sports such as boxing and wrestling will 'provide opportunities for some prisoners
to develop courage and initiative, to practice individual action and reaction under emotional
stress, to develop emotional control and maturity and to develop respect for the emotional
feelings of others.

2. Arts and Crafts - Arts and crafts should be an integral part of the recreational program. The fields
of arts and crafts serve as outlet for human expression and serve as a form of release for the
abnormally inherent desire to create. Among the arts and. crafts to be included in the program are
basketry, bead craft, pottery, sculpture, toy making, weaving, woodcraft and others.

3. Music - Under the direction of a competent music instructor, many opportunities for musical
expression and appreciation can be provided such as the orchestra, jazz band, combo band, vocal
groups, choir and glee clubs. The inmate musical groups can be made to perform, not only before
the prison population but also to visiting groups who come to prison. They can be made to play
during ball games, Christmas and other holiday activities. Arrangements can also be made with
outside artists to entertain the prison population.

4. Drama and literary activities – There are many talents in the prison population that, if interest is
stimulated, could start a drama program. Much therapeutic value can be derived from such a
program. This is likewise true with literary activities.

5. Special Events – As means of breaking the monotony of prison life various patriotic and festival
days throughout the year should be appropriately recognized. Special programs could be prepared
for any of the following occasions: New Year’s Day, Independence Day, Quezon Day, Rizal Day,
etc.

6. Social Games - Social games such as checkers, Chinese checkers, chess, dominoes, jigsaw
puzzles, ping-pong, can be introduced in the recreation halls of dormitories.

7. Club Activities - Club activities among prisoners should be encouraged in order to develop their
initiative, learn to accept responsibilities, improve their education and keep abreast with what is
going on in the community.

8. Motion pictures, Radio and Television - Motion pictures, radio and television program should be
selected in order to get the type of program that is of interest to the prisoners. Radio and television
bring the men in prison in close contact with the outside world, which is invaluable in preparing
them for release.

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The Library Services

The prison library plays an important role in the improvement of prisoners in the practical and
cultural aspects of social living. The good library either in prison or in the outside community, means a
collection of books and periodicals sufficiently complete and well-rounded to meet, within reason, the many
and varied needs and interests of the community it serves.

The objectives of the prison library are as follows:

1. To share with other divisions of the prison, responsibilities or useful social and vocational training
of the prison population.
2. To develop among prisoners realization of the usefulness of libraries in:
a. Providing vocational information about choice of trades and chosen trades.
b. Enlarging social and reassessing backgrounds.
c. Developing reading as a satisfying leisure-time activity.
d. Preparing by self-improvement, for release and post-prison life.
3. To provide guidance, counseling and planned reading courses, informal adult education for all
prisoners capable of sustaining reading in any useful field.
4. To lessen need for discipline and to institute measures of mental hygiene by providing reading as a
salutary release from emotional strain; as a healthy resources of idle hours, and as a positive aid,
in substituting acceptable new interests for undesirable attitude.

The Health and Medical Services

There has been a growing awareness of the state’s responsibilities for the prisoner's health. Most
citizens also appreciate the fact that the prisoner’s’ chances of success on release are increased if he is
not handicapped by poor health or disabilities. The Manual of Correctional Standards published by the
American Correctional Association prescribes that every correctional institution having a population of
1500 men should have an adequately staffed medical department that takes charge of the health,
medical and dental services. The medical staff should be divided into three services or departments: (a)
Medicine and surgery, (b) Psychiatry, and (c) Dentistry.

The medical and health requirements of a prisoner include mental and physical examinations;
observations, diagnosis and treatment of patients; immunization and protection of the inmate population
as well as the staff against hazards; visiting prisoners in segregation sections; sanitary inspections,
consultations with culinary and other officials; and participation in training, classification, disciplinary and
other programs.

Sound correctional practices require complete physical and medical examination of every
prisoner on his admission to prison and also on his release.
The United Nations Standard Minimum Rules

For the treatment of prisoners requires that sick prisoners requiring specialist treatment shall be
transferred to a specialized institution or to a civil hospital. Also, women’s pre-natal care and treatment
should be referred to civil hospital.

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“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 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

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methods, which provide for security, are present. Security aims at the prevention of escapes, and control
of contraband and maintenance of good order. These objectives can be realized if custodial facilities
including buildings and equipment, walls, towers, gates, personnel and methods relating to escapes,
contraband and good order are given proper attention.

Escapes of whatever nature alarm the public. Some escapes are of the nature of "walk away" like
the absconding of minimum-security prisoners from their place of work or residential assignments outside
the walls. Surely this type of escape cannot be as alarming as when the prisoner actually makes a break
from his armed guard.

Contraband is anything found in the possession of the prisoner contrary to rules and regulations.
What constitutes contraband in one institution may not be contraband in another institution. Therefore, in
view of the non-uniformity of the definition of contraband, every institution should provide a rulebook where
articles declared as such are clearly listed.

Custody, Security and Control

The rehabilitation program of the institution cannot be carried out if prisoners riot or cause
disturbances. A well-rounded correctional program, having for its aim the rehabilitation of the prisoners
must be correlated with arid into a system of sound custody, security and control of prisoners. Some of the
factors considered essential in establishing sound custody, security and control of prisoners are the
following:

1. An adequate system of classification of prisoners – Careful study, diagnosis and

recommendations for treatment documented into case histories give prison workers the knowledge
they need to handle inmates.

2. Inspection of Security Facilities – Regular formalized inspections reinforced by constant

observation of physical plant; help assure its best use.

3. An Adequate System of Counting Inmates – There must be an adequate system of counting

inmates to make certain “all are present and accounted for” at prescribed periods, day and night.

4. Control of Firearm – A plan for firearms control must be made, specifying its purpose, use, safety
precautions, proper inventory, storage and standardization; all should be included in the plan for all
institutions.
5. Gas Control – A plan for gas control which specifies its purpose, use, safety precautions, proper
inventory, storage and standardization must be made.

6. Control of Contraband – A plan for the control of contraband defines such items and provides for
their regulation.

7. Key Control - A plan for control of keys assures that all are accounted for and under control of free
personnel.

8. Tools and Equipment - A plan for control of those tools and equipment items that pose a threat to
persons or to the physical security of the plant must be developed.

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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.

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.

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Control of Tools - Tools when not in use should be hanged on a shadow board. They should only
be used by inmates within enclosures or when under supervisions.

Locking Devices - Proper locking devices must be kept in good operating' conditions. Individual
door locks to cells must be provided and the multiple locking devices to doors of individual cells should only
be used in cases of emergency such as fire or earthquake. Inside the housing unit, there should be a grill,
cage or sally port the purpose of which is to provide a place for officers to go into without exposing
themselves to assault in case of riots.

Special Emergencies - The prison should provide a standard operating procedure for control of
riots and for preventing fires and escapes. There should be a master riot plan and this plan should often be
placed on the dry run. This should also be true with' prevention of fires and escapes. Every penal institution
should be provided with emergency lighting stand-by power.

Prison Discipline

Discipline in prison is commonly thought of as a procedure to prevent escapes, riots and

disorders, and punishing those involved. This is not all that discipline attempts to accomplish in a prison.
The main objective of prison discipline is to inculcate habits, attitudes and values that will make the prisoner
a peaceful and useful member of society upon his release. Webster's dictionary defines discipline, thus:
Discipline: from the Latin, disce, to learn: discipulus, a disciple or learner. Training, education, and
instruction: the guidance and government of conduct or practice punishment inflicted for the
purpose of correction and training.

Discipline has also been defined as a continuing state of good order and behavior. It includes the
maintenance of good standards of work, sanitation, safety, education, personal health and recreation. It
insures that persons and groups go on time to their appointed place and that they maintain standards of
conduct which are necessary when large number of people live and work together or in any community,
institution or otherwise. The ultimate hope of institutional discipline is to develop self-reliance, self-control,
self-respect, self-discipline not merely the ability and the desire to conform to accepted standards for
individual and community life in a free society.

Elements of Prison Discipline

1. Morale - A high degree of morale within prison is the most valuable aid to a good
custodial program. Morale is the mental condition of individuals or groups regarding courage,
zeal, hope and confidence in the present principles and way of life. Morale is how people feel
emotionally about their way of life and the people with whom they live. Good personnel and a
good treatment program make for good inmate morale and self-discipline, which aid in the
maintaining of proper custody and control. Good morale is not obtained by arbitrary rules of
hard work alone. It comes with the development of activities, which provide for the inmate’s
mental and physical needs, fair treatment, and reasonable opportunity to use his time
constructively. It requires leadership and a balance program in which work, training, recreation
and other activities are carried on with the common objective – the welfare and reformation of
the individual.

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2. Custody and Control

Custody is defined as guarding or penal safe-keeping. The custodial force must be trained
in custodial and security measures, locking and counting routines, procedures for searching
prisoners and their living quarters, and prevention of contraband. The prison guard whose
duties were limited to guarding inmates and maintaining discipline is now regarded as key
personnel of the institution. The fact that he is most often in contact with the prisoner at work,
in quarters, and at school, places him in a position where he has the greatest influence upon
the prison.

Control involves supervision of prisoners to insure punctual and orderly movement to and
from the dormitories, places of work, church, hospitals, and recreational facilities, in
accordance with the daily schedules. Control does not mean that all prisoners be under close
superv1don at all times. The use of passes and the establishment of gates and checkpoints
within the prison walls can likewise affect control.

3. Discipline the Concern of Every Prison Worker - Discipline is not the responsibility of the
custodial force alone but rather the concern of every prison worker. The staff of the institution
in all phases of the institutional program, all of which in their special ways are contributing to
the general discipline of the prisoners, accomplishes it. For example, the social worker
contributes towards discipline by pointing out to the prisoner his responsibilities to his family
and to the community, and showing him how to fulfill them. Work foremen and treatment
personnel encourage and assist the prisoner to attain new goals, through purposeful work
activities and employment responsibilities.

4. Individualized Discipline - It is not enough that discipline be consistent, reasonable,

objective, firm and prompt. Since crime is multi-causative, the techniques and services
required in correctional treatment including the administration of discipline, must be
correspondingly varied and, in terms of understanding the inmate as a person.

5. Discipline must be considered on an individual basis - the prisoner must be carefully

studied. His social, psychological, psychiatric data prior criminal history adjustment to his
institutional program and disciplinary history must be carefully examined to see what kind of
person he is, what can reasonably be expected of him and what punishment or other treatment
methods will be most effective. Group disciplinary problems such as gang conflicts, strikes and
disturbances, should be dealt with firmly and without hesitation or vacillation. The gang leaders
or agitators should be identified and segregated.

6. Preventive Discipline - discipline should not only be applied after a breach of law, rule or
regulation has been committed. More effective perhaps is the application of discipline at its
preventive stage. Discipline applied after an offense has been committed is negative discipline
in the sense that in many cases punishment does not deter. The positive approach is to work
out a program of preventive discipline, which involves prompt correction of minor deviations
before they become serious violations. Minor violations if not intentionally committed should be
dealt with by the observing guard with a reprimand or warning. Custodial officers should bear
in mind that the certainty of dealing with misbehavior in prison is more effective in the control of
prisoners than the severity of the punishment. In many cases, correction or reinstruction of the

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inmate may be achieved without .the necessity .of taking punitive action. Preventive discipline
may be used when the deviation is trivial, is due to ignorance or lack, of understanding or the
result of careless or faulty habits. A friendly word of advice may suffice to cause a prisoner to
avoid future misbehavior. On the other hand, in a similar situation, an employee lacking in
interest and understanding approach, may by his unprofessional, unfriendly, and even hostile
attitudes and bearing, aggravate an inmate to a point where it is mandatory to take disciplinary
action for misbehavior.

7. Good Communication: Another important element of discipline is good communication. A

good communication system, which will convey what management wishes the prisoners done
and what, the inmates feel about the program and management important in prison
management. A good communication system will relieve the inmate's feelings of insecurity
about his situation. A good communication system is likewise essential in effecting new
changes, which affect the masses of the inmate population.

Orientation-Admission: Good communication can be accomplished by subjecting all

newly committed prisoners to undergo admission-orientation procedures. This usually takes
place at the Reception Center. The new inmate is given orientation lectures on the rules and
regulations of the institution. He is informed of the existing facilities of every institution within
the prison system; he is told of what the institution expects of him; and he is advised of the
opportunities for advancement that he could avail of within the institution, such as the
educational and correctional 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 psychologist as members.

Disciplinary cases are initiated by the report of the observing officer or employee. The report may
either be a behavior report or a misconduct report. The former type of report is intended to call attention to
inmate’s acts and attitudes which might otherwise be called misconduct - such behaviors as

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suspiciousness, Withdrawal symptoms, lack of self-control, etc. Behavior reports also include exceptionally
good work habits, and attitudes. The negative as well as the positive behaviors of the inmate are useful in
the appraisal of what kind of person the prisoner is. The misconduct report carries every violation of law or
rules. Every case included in the misconduct report should be investigated, and heard by the disciplinary
officer or committee. If the case is so serious as to warrant it, or if there is danger that the offender will
unduly influence witnesses, he may be placed in confinement pending investigation but his confinement
should .not be in. a. punishment status. In the hearing, the inmate shou1d be given all opportunities to
explain his case and to call witnesses to testify on his behalf. A written record is made of every infraction
reported and how it is disposed of. Records of said infractions are entered in the prisoners’ disciplinary
record card.

The following are some of the punishments usually imposed on prisoners convicted by the
summary or disciplinary board:

1. Counsel and reprimand - This is a mild form, of punishment imposed for trivial offenses. To a
prisoner who is aware that a clean record is: an asset to his speedy release mere counselor
reprimand is enough deterrence against a repetition of infractions.
2. Loss of Privileges - This is one effective control of misbehavior. Privileges are very precious
to prisoners. Prisoners look forward to visiting days, movie evenings; amateur hour program,
and writing to relatives and certainly they would not want to forfeit any of these privileges
through misbehaviors.
3. Loss of Good Conduct Time Allowance - The penal code provides that for maintaining good
record in prison, the inmate is credited with 5 days or 8 days, up to 15 days good conduct time
allowance for every month that he serves. This allowance may be forfeited as punishment for
misconduct. However, good conduct time allowance already earned can no longer be forfeited.
4. Close Confinement - This is resorted to in extreme cases when lighter penalties are
ineffectual. The use of solitary confinement or "bartolina" is justified when there is danger that
the offender may hurt himself or others. It should not be considered as punishment when used
"as an administrative measure" of preventing him from influencing witnesses or of injury to
himself or others.
5. Reduced Diet - Usually this punishment is carried out with punitive segregation. The United
Nations rules prohibit the use of this kind of punishment unless supervised by the prison
physician. Cruel and degrading forms of punishment are also prohibited by United Nations
rules, including corporal punishment. Except when there is danger of the inmate injuring
himself or others, the use of handcuff and leg irons is prohibited by the United Nations rules
and regulations.

Counseling, Casework and Clinical Services

Counseling, casework and clinical services are essential parts of the total correctional program.
To function effectively as an integral part of the total correctional process, professional personnel assigned
to these services must clearly understand the mission, goals and objectives of the correctional system.

Counseling is defined as a relationship in which one endeavors to help another understand and
solve his problems of adjustment. It is distinguished from advice or admonition in that it implies mutual
consent. Counseling as used in working with offenders; encompasses the personal and group relationships
undertaken by the staff. It has its goals either the immediate solution of a specific personal problem or a

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long range effort to develop increased self-understanding and maturity within the offender. Counseling may
be part of the activity of a professional casework or psychiatric staff, but is also the proper province of the
teacher, the work supervisor, and the group supervisor, and the group supervisor. In institutions
particularly, the work and quarters, supervisors have extensive contact with and influence upon inmate
behavior. In the performance of normal job functions, counseling is used commonly and quite often
unconsciously. Voluntary participation of the offender in a counseling relationship is desirable; but there is
evidence that group programs in which participation is mandatory can be effective.

Group Counseling Personnel - Institutions can make productive use of a program of counseling
which employs educational, custodial, and industrial, maintenance, and other operational personnel as
group leaders and give individual attention to inmates. There is considerable untapped potential in the large
numbers of institutional personnel who can have major impact on relieving inmate tensions and contributing
to ultimate social readjustment of offenders. The most effective informal counseling program consists of the
intelligent and harmonious use of personal relationships between staff and inmates m the operation of day-
to-day assignments in the institution. The natural small living group, such as camps, dormitories and other
small housing units~ provide an excellent setting for the development of a counseling relationship between
custodial staff and inmates, as do small work groups or crews.

Vocational Counseling - A critical need in institutional programming is professional vocational

counseling. Involved here is a technical specialty within the general counseling field, which requires broad
knowledge of occupations, vocational potentials, aptitudes and interests, and conditions of employability in
the community. Increasingly, institutions are turning their attention to vocational training and productive
enterprise. This is sound, both from the standpoint of institutional activities and job stability after the inmate
is released.

To accomplish the most effective assignment, and training of inmates, each correctional system
should employ skilled vocational counselors to contribute to the initial study and recommendations. The
assessment of vocational potential can then be used by both inmates and staff to determine initial
assignment and periodic progress review. Based upon an allotment of three hours per case in the reception
unit for review, analysis and report, there should be one vocational counselor provided for every 40 cases
per month. This would allow' approximately one-fourth of his time for administrative duties and staff
development projects.

Vocational counselors are also needed to make periodic progress reviews, to guide occupational
and training reassignments, and to give consultations to administrative staff, trade foremen vocational and
academic teachers. The use of Dictionary of Occupational Titles can greatly simplify and considerably
enhance the assignment practices within the institution as well as the release planning for employment.
Based upon a minimum of 15 inmates per case per month, an appropriate ratio of vocational counselors is
one to every 300 inmates. This ratio allows for approximately one half times to be devoted to administrative
routine, staff consultation, classification committee work, and other allied duties. In terms of both short-
range productivity and long-range benefits, skilled vocational counseling is an economical use of personnel.

Casework in correctional work includes the professional services rendered by professionally

trained personnel in the description and social treatment of offenders. Casework consists of working with
one individual at a time, with the aims of:
1. obtaining clear case description or social history,
2. solving immediate problems involving family or other personal relationships,

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3. exploring carefully long-range problems of social adjustment and assisting the individual toward
acceptable solutions,
4. offering supportive guidance and information to inmates who are nearing release from the
institution,
5. offering supportive guidance and professional assistance to offenders on probation or parole.

Casework Services

While the entire correctional process should be seen as-an integrated activity, for logical outline,
the areas for use of counselors can be divided into six sections which have certain operational significance:
1. pre-sentence investigation (probation)
2. reception process
3. general institutional program
4. specialized use in severe disciplinary cases and segregation
5. pre-release activity
6. post-institutional care (parole)
Whatever his specific assignment, the counselor should be a person specially trained either by
graduate academic preparation or through specialized and intensive correctional casework training
programs, in the understanding of basic human needs, problem behavior, social conditions relevant to
criminality, and community and social agency resources.

It is essential that the counselor have a broad understanding of anti-social behavior and a general
knowledge and understanding of research procedures. The counselor should be motivated by a personal
desire to assist individuals who exhibit varying, and sometimes serious, degrees of such behavior.

As part of the casework program, relationship with colleges and universities should be established
to provide for field instruction for students and advanced course work by full-time employees.

1. Reception Process - Case study, evaluation and description is an essential function of the
caseworker. Skills in analysis, thorough reporting, and clear writing are essential in the
production of a case history used throughout the correctional process as a basis for program
planning and treatment. Participation in.-the orientation of the newly received inmate: to the
correctional system is also a function of the, reception unit caseworker who may, accomplish
this purpose most successfully in groups. During reception process one function of the
caseworker is to deal with special problems, which arise during the intake period. Often this is
a time of considerable personal and family stress requiring the resolution of economic and
personal problems. Specialized casework skills in handling new stress problems and
knowledge of appropriate referral sources are required

2. Workload Standard - A minimum standard workload figure for processing new cases is 30 per
month, for the caseworker exclusively occupied in this area. As part of the standard, there
should be a provision for at least one case supervisor for every six to eight caseworkers.
These workloads are based on an average allotment of approximately four hours per case for
study, description, analysis and recommendation and an additional allowance of one-fourth
work time for administrative routine training and staff development. It is most important to
recognize that the treatment potential of the caseworkers is commensurate with the amount of

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face-to-face-contact with the client. As administrative details increase, the treatment potential
correspondingly decreases. These should be regarded as absolute minimum figures.

3. Institutional Activities - Perhaps the most basic institutional casework activity is long-term
case and group work with inmates judged to be amenable to professional casework services.
At the present time there is insufficient knowledge upon which to determine a known
percentage of inmates who might be responsive to- the intensive casework services.

During the institutional period, the caseworker becomes involved in aiding in-mates with a wide
range of problems. Many of these concern themselves with difficulties of institutional
adjustment, but there are others, which have their origin in the community. Among the latter
are divorce complaints, matters relating to the care and custody of minor children, and issues
concerned with handling the inmate's financial assets. It is important to recognize that many of
the latter matters may involve the offender's legal rights and the caseworker should provide the
approve channels. The Preparation and writing of progress reports for review towards release
is also a usual and important assignment. The caseworker also serves as a consultant to
institutional line personnel. He contributes to personnel training, and also helps interpret the
treatment needs of individuals.

4. Pre-release Activities - Pre-release planning for individual inmates and group programming in
advance of release is frequently one of the more neglected activities in correctional
administrations. Normally the counselor will be assigned the responsibility for planning and
execution of specific pre-release programs for orientation and, information to inmates
preparing to leave the institution. These programs will stress employment, living relationships,
adjustment factors in the outside community, recreational interests, etc.

Pre-release programming for individual inmate requires review of the admission study and
institutional progress and proper interpretation to the field counselor and the inmate as to
expected problem areas and proposals for most effective release arrangements.

Clinical Services

Clinical services provide the most intensive diagnostic and treatment activities aimed at

1. discovering the causes of individual maladjustments,

2. applying psychiatric techniques with offenders towards effecting improved behavior
3. offering guidance and support to other staff members in their management of offenders

The staff members ordinarily employed in clinical services work are psychiatrists, clinical
psychologists, trained caseworkers, psychiatric nurses, occupational therapists, and other specifically
trained technicians. The clinical services personnel are particularly concerned with offenders with deep-
seated emotional problems.

Clinical services generally include the, functions of psychiatrists, psychologists, psychiatric social
workers, and ancillary personnel such- as -psychiatric nurses, occupational therapists, and correctional
officers with specialized training Clinical services personnel should have appropriate education and

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certification for their specialties. Where possible, residency-training programs should be established in
correctional, institutional and field activities.

In this discussion, the emphasis will be placed on describing the important uses to which clinical
services personnel can be assigned in the correctional process.

1. Reception Process - Intelligence and personality tests administered by qualified clinical

psychologists. They are required as a basic part of the diagnostic process and program
planning. Intelligence and vocational aptitude test should be selected carefully with the
psychologist's guidance, and should be administered routinely. Serious thought should be
given to periodic supplementary testing and re-evaluation. The emotional state of the inmate
upon intake can lead to misinterpretations and faulty program planning. Personality tests on a
group basis and projecting techniques should be administered selectively. The role of the
clinical psychologists also includes the continuing assessment of the testing battery and
introduction and modification of tests where needed.

Each inmate passing through the reception process should receive at least a screening
interview by a clinical psychologist. On a selective basis more intensive interviews will be
necessary for a proportion of the inmates. The interview will be used as a supplement to the
interpretation of the personality and projective tests as well as intelligence scores and to assist
in the preparation of the full admission summary.

On referral, psychiatrists should make assessments of psychopathology, organic disturbances,

and other factors related to diagnosis and treatment planning. The wide range of offender
types is such that it is not necessary to have a mental status report on every inmate. Mental
status reports will be necessary, however, for a substantial number of inmates to determine
appropriate placement and treatment plan.

2. Institutional Programs - Clinical services personnel have a significant role in individualized

and group treatment of psychotic inmates, severe neurotics, and other individuals
demonstrating bizarre behavior in the institution or in their institution or in their history before
entry. As a minimum requirement there should be provision for full clinical service to the
population designated as psychotic and other inmates showing major personality disturbances,
which may be amenable to treatment or psychiatric management.

As consultants, clinical personnel, including psychiatrists, psychologists, and psychiatric social

workers can play a key role in the general treatment programs of the institution. This function
would include providing consultant services for line personnel working as counselors, for
discipline and classification committee decisions and for general programming. The in-service
training program for all personnel should include sessions on personality theory to be
conducted by clinical services personnel.

As specialized assignment, individual and group treatment by clinical services personnel

maybe provided in segregation units and to the general population for the very difficult cases
evidencing major disturbances in the institutional community. The segregation unit thus should
be seen primarily as an adjustment center with- a close integration of custodial, counseling,
casework and clinical services activity.

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Occupational therapy programs employing professionally trained occupational therapists

should be part of the institutional program for inmates with emotional, mental or physical
handicaps requiring special attention. Workload standards should be established through
consultation with the appropriate professional associations. Where occupational therapists
have been used in both mental hospitals and prisons, there have been dramatic examples of
improvement of severely diagnosed individuals. In addition, the occupational therapist
programs are very useful in diagnosis and evaluation of long-term needs for inmate
programming.

3. Pre-release Activity - In preparing for release to inmates, the clinical services group serves an
important function by m akin an assessment of psychopathology and the implications of such
assessment for behavior in the general community. In addition to the general assessment one
of the most important functions to be served by the clinical services group, especially in cases
having psychotic or bizarre histories is in the prescription for appropriate post-release
programming that is transmitted to the parole service.

4. Post-Institutional Care - Consultant clinical services should be available for the use of parole
supervisors in assessing progress, supervision needs for most effective parole management of
large numbers of parolees demonstrating unusual personality disturbance or with histories of
unpredictable behavior.

As part of parole treatment and management, outpatient parole diagnostic and treatment
clinics should be developed in the major metropolitan areas. In many instances the paroling
authorities are of the opinion that men may be released with relative assurance of safety to the
community provided there is a continuing clinical assessment and treatment of offenders with
unusual histories. The functions of the outpatient clinic would include on-going treatment of
cases showing positive response and the evaluation of especially difficult cases at the time of
key decisions.

SEX PROBLEMS IN PRISON

Sex is one of the most challenging problems that confront the administrators of our prisons today.
The problem is normally related to diseases of mental abnormality and emotional instability that emerge in
definite criminal conclusions. Despite evident progress in many avenues of correction, there are certain
areas of behavior with which the pris6n system has not been able to cope. One of them is the problem of
sexual adjustment in all institutions where inmates are deprived of social or sexual contact.

With the exception of few prisons where conjugal visits are allowed, inmates generally manifest
deviant sexual behavior, namely: nocturnal sex dreams (emissions), masturbation and sodomy. Male
prisoner are randomly distributed according to social status and general life style from the pauper to the
opulent, although the prisoners who make up the bulk of population are drawn from the deprived sections
of society. As a consequence, sexual experience of these men and the meaning that sex has for them
differs significantly from other sectors living in free community.

A number of dimension of these substantial differences are to be found in the sexual activity and
attitudes of men who have differing amounts of education and social origin. Imprisoned men and men of

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delinquent histories generally have wider sexual experience than men living in conventional and non-
delinquent lives.

Reasons for the Deviation

Drawing on the knowledge about the dimensions of prior sexual adjustment of men who go to
prison, the first major sense of experience is actually how little sexual activity of any sort secure within the
prison, thus, even after the shock of imprisonment has worn off, which often for recidivist this occurs
quickly, there is no sudden burst of sexual activity of any type. Confirming these impressions are the low
order of sexual complaint as found in the list of grievances presented by the prisoners. Partly, this is due to
the tight custody in the institution and the fact that the prisoners move and live in close proximity and
except for certain moments of the day, there is very little privacy. Another cause is man in prison finds
himself without appropriate stimuli, which suggest opportunities for sexual activity. The absence of females
and 'the absence of social situation that call for sexual responses, such as being out of town, ogling and
drinking, serve as effective inhibitors of -sexual responsiveness.

Homosexuality

Homosexuality is the most common form of sexual perversion in prison. Dr. Paul Tappan states
that the homosexuality is a type of sex perversion that must be reckoned with by prison authorities because
of its immensity and violent consequences. There are two factors that encourage homosexual behavior in
Prisons. The first is deprivation of opportunity for normal sex outlet, and as a result of this denial, Prisoners
have no alternative but (1) to strive for complete continence, a state which is very difficult for many to
achieve, or (2) to indulge in onanism; or (3) to engage in homosexual practices. The other basic factor
encouraging homosexual behavior is found in the fact that every normal person has "erotic zone" in his
body aside from his genital region which if stimulated gives the person under certain condition, full
gratification or completion of sex act. Hence, every person is neurotically and potentially capable of gaining
sexual gratification from homosexual practices. Considering the unique situation the prisoners are placed, it
is therefore not surprising that a number of them are indulging in homosexual practices.

How Homosexuality begins

When members of one sex are gathered together in isolation from the opposite sex many will
discover homosexual practices. The tragedy in this situation is not the act itself, but in the fact that many
persons otherwise sexually normal learn the habits of homosexual practices and experience, and carrying
these practices with them, remain homosexual by preference when they are discharged from prison or
other situation that encourage homosexuality. Homosexual persons may be divided into two categories, (1)
one composed of persons who have learned "accidentally" to indulge in perverted acts, (2) the other
composed of persons who had their inclinations ingrained as one of their fundamental personality traits.

Characteristics of Prison Homosexuals

An obvious example of a difference between the inmate or congenital homosexual and the
“average” or "norrnal" person is found in reversed secondary sex characteristics as having broad hips, a
female hairline large breast, effeminate voice and features, for male; the female invert homosexual will
have a masculine hairline and a deep voice. This, of course, is not true of the accidental homosexual.
There are indications that homosexuality is such more prevalent that many assume. There is

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ample evidence that homosexual relationships are of transitory nature, occurring perhaps only once or
twice over of a unique, social situation like a man in prison where homosexuality is prevalent.

There are varying estimates of the number of males who have homosexual contact during their
periods of confinement, but the range is probably between 30 and 45 percent, depending upon the intensity
of custody in the institutions, the social origins of the population, and the duration of individual sentence.
Homosexuality in prison is quite a different phenomenon than homosexual experience in the outside
community. In the prison context, homosexuality is an imitation of normal sex life with the very sexual
activity suggesting masculine and feminine role components, thus a passive male prisoner submits to this
sexual activity of another active male prisoner by coercion because either of fear or indebtedness. There
are other male prisoners who have developed preferences for male companions from their own experience
and who enter prison as homosexual.

The aggressor provides protection, a measure of affection and perhaps gifts in case of older
inmates. The passive inmate provides sexual access, affection, and other pseudo-feminine services. In
cases of long-term inmates, these relationships may be conceived as pseudo marriage resulting to a
greater degree of sexual reciprocity. To some extent, this relationship creates problems of sexual jealousy,
which erupts into violence.

Woman and Homosexuality

Homosexual behavior is not restricted to male institution only but is found in women's reformatories
and in girls’ correctional institutions as well. Many of the females sent to these places have not developed
inhibitions and thus find the situation almost unbearable. They easily turn to various forms of erotic
behavior, and as in the male institutions debauch the more sensitive and feminine of their fellow prisoners.
It is practically difficult for administrators of prisons to control this problem in the institution largely because
the inmates have more freedom than male prisoners. Women's reformatories are usually of the cottage
type with large campuses where friendships between girls and women have very little restraint. The sexual
adjustment of women to imprisonment is then strongly linked to the general goals to which most are
socialized in the larger society. The frequencies of any sexually ameliorative behaviors such as
masturbation and homosexuality are considerably less frequent for women than men in prison.

Female prisoners appear to form into pseudo families with articulated roles of husband and wife.
These family systems seem to arise from these sources. One source is a process of compensation: the
majority of female prisoners are from several disordered homes and the creation of the pseudo family often
compensate for this deficiency. Another source results from the socialization of women, who instead of
forming a gang for self-defense as male prisoners do, tend to form pseudo family. Finally, pseudo family
operates to stabilize relationships in the institutions and to establish orders of dominance and s submission
among female prisoners. It is the result of these relationships that homosexuality is being practiced by
female prisoners.

Control of Prison Homosexuals

No satisfactory solutions have been found to sex problems in prison except to reduce the
opportunities for such practices. For, instance, having only one prisoner in each cell, providing physical
exercise during the day to encourage sleep at bedtime and by adequately supervising all congregations of
prisoners where they are in the situation which affords an opportunity for homosexual practices. Several

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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

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

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1947. In the National Penitentiary in Buenos Aires, each inmate who maintains good behavior is entitled to
periodic visits from his wife in a specially built structure intended for the purpose.

In the United States of America such practice of conjugal visit has not been officially sanctioned by
state authorities, although clandestine conjugal visits have existed for many years in Mississippi State
Penitentiary located at Parchman in Yazoo-Mississippi Delta, popularly known as Parchman Institution.
Here, it emphasizes not only the bringing of visitors into prison during Sunday's but it allows the inmates to
keep contact with their families by leaving the prison themselves. Under the visiting leave program at
Parchman called "Holiday Suspension Program" each year from December 1 until March 1, selected
inmates who have been in the penitentiary at least 3 years with good behavior records may go home for a
period of 10 days.

There are numerous problems that arise in connection with the privilege of allowing conjugal visits
in prison. Among them are

1. the possibility of common-law wives to visit their common-law husbands which create
resentment and jealousy on the part of legitimate wives
2. prostitutes to call on some inmates which would result to the spread of venereal diseases
3. that it is unfair to unmarried inmates

Relatively however, this practice of conjugal helps a lot. It keeps marriages from breaking up,
reduces homosexuality, makes inmates more cooperative, helps rehabilitate inmates, makes inmates
easier to control, and makes inmates work harder.

Conjugal Visit in the Philippines

In the Philippines, the practice of conjugal visiting was not allowed in the earlier part of its prison
system. However, the policy of the government specially the Bureau of Prisons is to-allow the families of
some prisoners who attain the status of colonists or trustees to live with them at government expense in
penal colonies such as in Davao Prison and Penal Farm Iwahig Prison and Penal Farm, and Sablayan
Prison and Penal Farm The colonists and their families are given a piece of land to cultivate and are
encouraged to raise poultry and livestock for their own personal use. The colony post- exchange sells their
product. When released, the prisoners, if they so desire to live in the colony, are reclassified as
homesteaders and are given 6 hectares homestead lot in the Tagumpay and Tanglaw Settlements. Only
Iwahig and Davao Prisons and Penal Farms, so far, are operating land settlements where homestead lots
are distributed to released prisoners. There are community resources such as, school, church, recreation
center, post exchange, hospital and clinics for the colonists and their families.

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.

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Upon the occupation of the Philippines by the Spaniards dating as far back as 1521, and at various
later dates when formal occupation of the different villages were effected by the Spanish “conquistadores”
the laws which were introduced in the Philippines were the royal decrees, ordinances, rules and regulations
for the government of the colonies promulgated by the King of Spain from time to time and later on
incorporated into "Recopelacion de las Leyes de India." These were enforced until 1887, when the Penal
Code of 1870 of Spain with some minor changes, which were recommended by the Code Committee for
the Oversea Provinces (Pronvicas de Ultramar) in order to suit local conditions, were put into effect.

By virtue of a Royal Decree of September 4, 1884, the Code thus prepared by the Code
Committee was ordered enforced in the Philippines. Some of the objections to the enforcement of the Code
were raised by the "Gobierno General" to the Minister of Ultramar, but notwithstanding such objections, in a
subsequent Royal Decree dated December 17, 1886, the Code was ordered promulgated. The Penal Code
together with the "Ley Engiciamiento Criminal" were then enforced, both laws taking effect four months
thereafter, in accordance with the provisions of the Decree "Legislacion Ultramarina" of March 13, 1887.

The Bilibid Prison

With the effectivity of the Spanish Penal Code in the country, it was then necessary to establish a
system of incarceration. So in 1847 the construction of the Bilibid Prison started. This institution became
the central place of confinement for Filipino prisoners. Prior to the establishment of Bilibid Prison, prisoners
were confined in jails under the jurisdiction of Commandancias where law enforcement units were
stationed. Commandancias were established in practically every province of the country. In 1865, the
Bilibid Prison was opened by virtue of a Royal Decree of the Spanish Crown.

The plan of the old Bilibid was such that the brigades were constructed in a radial spoke-of-a-wheel
form. For easy commanding control, a central tower was placed at the center of spokes. This was the most
important tower post then under the command of the Officer of the Day. The brigades made of strong
adobe stones were so sturdy that even to this day, after their transfer to the city government of Manila they
still stand and are being used by the City of Manila as the City Jail.

The New Bilibid Prison

The Bilibid Prison continued as the main national prison until 1941 when it was transferred to a
new site in Muntinlupa, Rizal. The old prison had become overcrowded because prison population
increased from year to year. The Prison at Azcarraga (now-Recto) was also fast being enveloped by the
modem structural expansion in the city so it was then necessary to move the prison from the city to a
suburban site.

In 1936, the City of Manila exchanged its Muntinlupa property of 552 hectares with that of the
Bureau of Prison lot in Manila. This Muntinlupa estate was originally intended as the site of the Boys
Training School but because it is far from Manila the City Government of Manila preferred the site of the old
Bilibid. The Bureau started construction of the prison in 1936. Despite, the fact that the buildings were not
yet ready, all the inmates of the Bilibid Prison in Manila were transferred to the new site on the
recommendation of the Cabinet shortly before the outbreak of World War II. The new site occupies 552
hectares. During the war, Filipinos who were suspected as guerrilas were sent to the New Bilibid Prison for
confinement by the Japanese Occupation Army. When Manila was liberated, Americans who were former
prisoners of war were camped in the New Bilibid Prison reservation for physical recuperation.

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The Bilibid Prison is mainly - a maximum custody institution. Being the main prison, it receives
commitments from Courts of First Instance, and Criminal Circuit Courts all over the Philippines, except
those sentenced by the Courts of First Instance and Criminal Circuit Courts of Zamboanga and Sulu who
may be committed directly to the San Ramon Prison and Penal Farm. The New Bilibid Prison has a
capacity of 3,000 Prisoners. The New Bilibid Prison operates two satellites units, namely, Bukang
Liwayway Camp and Sampaguita Camp. These two camps are located about a few hundred meters back
to the New Bilibid Prison compound. The Bukang Liwayway Camp houses 1,500 minimum-security
prisoners who work in the various projects of the institution. In Camp Sampaguita, the Reception and
Diagnostic Center, the Medium Security Unit and the Youth Rehabilitation Center is located.

The Medium Security Unit can handle a population of 700 prisoners who are employed in the
agricultural projects under guard escorts. The Youth Rehabilitation Center is capable of accommodating a
population of 500 inmates. This unit offers a special treatment and training program for youthful tractable
offenders. The New Bilibid Prison specializes in the industrial type of vocational training. It operates a
furniture shop, shoe repairing shop, blacksmith and tinsmith shop, auto mechanics and automobile body
building shop, tailoring, electronics, watch-repairing carpentry, and rattan furniture shop. It is also engaged
in track gardening, poultry, piggery and animal husbandry. The New Bilibid Prison also offers a high school
course for prisoners who desire to complete their high school education. The school is a part of the public
high school of Rizal province. Since its establishment in 1956, the school has graduated over three
hundred inmates.

The Reception and Diagnostic Center

In 1953, the Reception and Diagnostic Center was established for diagnostic study of prisoners for more
scientific rehabilitation. The Center was opened by virtue of Administrative Order No. 11 of the Secretary of
Justice. From then on the Reception and Diagnostic Center operated as a separate institution and is
housed in one building inside the Camp Sampaguita compound in the New Bilibid Prison.

The San Ramon Prison and Penal Farm

In 1869, the authorities saw the need of establishing one prison separate from Bilibid for those who
fought the established government. So, San Ramon Prison and Penal Farm in the southern tip of
Zamboanga was established for the confinement of political offenders. During those days a rebel who was
not shot was either sent to Guam or the Marianas or to Zamboanga. The San Ramon Prison was named
after its founder, Ramon Blanco, a Spanish captain in the Royal Army. The purpose of this prison was for
the segregation of political fecal citrates that advocated for reforms but which reforms were rejected by the
constituted authorities. Thus, Dr. Jose Rizal who fought for reforms was considered an enemy of the
government and was imprisoned in Dapitan, also in Zamboanga.

The San Ramon Prison and Penal Farm has an area of 1,524.6 hectares. It houses maximum,
medium and minimum custody types of prisoners. Prisoners who are directly committed, by the court to this
prison are later sent to the Reception and Diagnostic Center in the Central Office for study and diagnosis.
San Ramon has an average population of 1,200 prisoners. The principal product of the San Ramon Prison

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is copra, which is one of the biggest sources of income of the Bureau of Prisons. It also raises rice, corn,
coffee, cattle and livestock.

The Iwahig Penal Colony

On Novmber 16, 1904, Foreman R.J. Sheilds with her sixteen prisoners left the Bilibid Prison by
order of Governor Forbes who was the Secretary of Commerce and Police, to establish the Iwahig Colonv
in Palawan. The idea was hatched on the suggestion of then Governor Luke E. Wright who envisioned it
to be an institution for incorrigibles. The first contingent, however, revolted against the authorities. They
hogtied their Superintendent, Mr. Madaras, and could have killed him were it not for the timely succor of the
Philippine Scouts stationed in Puerto Princesa. When the Philippine Commission, by virtue of
Reorganization Act 1407, created the Bureau of Prisons on November 1, 1905, the authorities changed the
policy regarding Iwahig so that instead of sending incorrigibles, inmates who were well behaved and
declared tractable were assigned to this colony. Today, the Iwahig Penal Colony enjoys the reputation of
being one of the best open institutions in the World. Only mutual trust and confidence between the wards
and the prison authorities keep them together, there being no walls.

At present, the Iwahig Penal Colony is a minimum custody or open institution. It has an area of
36,000 hectares and an average population of 4,000 prisoners. The colony is divided into four sub-
colonies, namely: Sta. Lucia sub-colony, Inagawan sub-Colony, Montible sub-colony and Central
sub-colony. Each sub-colony operates as a small institution under the management of a penal supervisor.
T

The Iwahig Penal Colony administers the Tagumpay Settlement. The Settlement is a 1,000 hectare
portion of the colony which was subdivided into 6-hectares homestead lots. These lots are distributed to
released inmates who desire to live in the settlement.

One important feature of the Iwahig Penal Colony is the privilege granted to colonists to have their
families transported to the colony at government expense and to live with them in the colonists' village. The
institution maintains various community resources such as schools, church, recreation center, post
exchange, hospital and clinics for the colonists and their families. The colonists who have their families with
them are assigned a piece of land to cultivate and are encouraged to raise poultry and livestock for their
personal use. Their products are gold by the Colony Post Exchange. The principal products of the Iwahig
Penal Colony are rice, corn, copra, logs, minor forest products and cattle.

The Correctional Institution for Women

In 1931, the Correctional Institution for Women was established on an 18-hectare piece of land in
Mandaluyong by authority of Act 3579, which was passed on November 27, 1929. Prior to the
establishment of this institution, female prisoners were confined in one of the wings of Bilibid Prisons. Later
the position for a female superintendent was created in. 1934. Correctional Institution for women is an
institution under the Bureau of Prison, managed by the female personnel, except the perimeter guard who
are male.

The Correctional Institution for Women is the only penal institution for women in the Philippines. It
has an average inmate population of 180. The institution conducts vocational courses in dressmaking,
beauty culture, handicrafts cloth weaving and slipper making.

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The Davao Penal Colony

The Davao Penal Colony was established on January 21, 1932, in accordance, with Act No. 3732
and Proclamation No. 414, series of 1931. The first contingent of prisoners that opened the colony was led
by General Paulino Santos, its founder and the then Director of Prisons. The area consists of 18,000
hectares, mostly devoted to abaca.

In 1942, the Davao Penal Colony was used as a concentration camp for American prisoners of
war. The former inmates were all transferred to the Inagawan sub-colony in Iwahig. During the war, the
Japanese devastated the colony, destroying its buildings, machineries and industries. In August 1946, the
colony was re-established to its former productive activity by slow reconstruction. This institution is now the
main source of income of the Bureau from its vast abaca, banana, rice and other farm industries.

At present, the Davao Penal Colony is a combination of medium and minimum custody type of
institution. The greater portions of the prison population are medium security inmates who live in a
stockade enclosed with wires. The prisoners work in the open fields under escort guards. The Davao
PenaL Colony manages the biggest abaca plantation in the whole country. The colony is divided into two
sub-colonies, namely, the Panabo Sub-Colony and the Kapalong sub-colony.

Each sub-colony is headed by a Penal Supervisor. The Davao Penal Colony also raises rice, corn
kenaf, copra, and cattle. It has a potential of producing rice, which will meet the needs of the whole inmate
Population of the Bureau. The colony is engaged in a joint venture with Tagum Development Company in a
3000-hectare banana plantation for the export of banana fruits not only to Japan but also to the Middle East
countries particularly Saudi Arabia and Egypt. The colony also operates the Tanglaw Settlement where
released prisoners of said colony are relocated as homesteaders.

The Sablayan Penal Colony and Farm

In 1954, the increase in prison population was such that there was congestion again in the New
Bilibid Prison. The New Bilibid Prison which could hold only 3,000 had a population of 6,000 prisoners in
1954. On September 27, 19S4, the President of the Philippines issued -Proclamation No. 72 setting aside
16,000 hectares of the virgin lands in Sablayan, Occidental Mindoro for the Sablayan Penal Colony. The
first trailblazers were the experienced colony administrators from Iwahig Penal Colony headed by the
Assistant Superintendent of that colony - Mr. Candido Bagaoisan. Sablayan Penal Colony enjoys the
reputation of being the youngest and fastest growing colony under the Bureau.

This institution is an open or minimum-security type of institution. It has an area of 16,408.5

hectares and has an average prison population of 1,500. Rice is the principal product of the colony. This
institution is self-sufficient in rice. It also raises vegetables not only for the use of the colony, but also for the
inmates of the New Bilibid Prison.

Bureau of Prisons to Bureau of Corrections

The basic law on the Philippine Prison System is found in the Revised Administrative Code,
particularly Sections 1705 to 1751 of said Code, otherwise known as the Prison Law. The Prison Law
states that the head of the Bureau of Prisons is the Director of prisons who is appointed by the President

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with the confirmation of the Commission on Appointment. The Bureau of prisons has “general supervision
and control of national and provincial prisons and all penal settlements", and is charged with the
safekeeping of all prisoners confined therein or committed to the custody of said Bureau.

Section 1724 of the Law requires the Bureau of Prisons to promulgate rules and regulations that
will best promote discipline in all the national and provincial prisons and penal institutions and best secure
the reformation and safe custody of prisoners of all classes. Section 1725 of the same law prescribes that
the mode of treatment of prisoners "shall be with humanity", and that provisions shall be made for the
segregation of juveniles from the adult offenders and those of the sexes.

Administrative Code of 1987 and Proclamation No. 495 issued on November 22, 1989.
Change the agencies' name to Bureau of Corrections from Bureau of Prisons. The rationale
behind changing the Bureau’s name is to conform to the ongoing trends of modern penology – shifting from
the antiquated punitive system of incarceration to the humanistic rehabilitation approach

Relationship of the Bureau of Prisons with Parole and Jail

Parole, jails and prisons are part of the correctional system of the state. Prisons and parole are two
separate and co-equal entities under the jurisdiction of the Department of Justice. However, the functions of
these two agencies are allied with respect to the treatment and training of offenders, so that they should
maintain a relationship that is coordinate and advisory in nature.

JAIL ADMINISTRATION

Jails

Jails are primarily adult penal institutions used for the detention of law violators. Its original function
was the pre-trial detention of persons charged with crime. Later it came into use for the service of shorter
sentences. Today, it continues its dual role as a place of detention for those awaiting final disposition of
criminal action and the service of short sentences of not less than three years.

Generally, Jails differ from the prisons in that the former are administered by local governments
such as municipality, city or province while the latter are administered by the state or national government.
Furthermore, jails are institutions for the confinement of untried prisoners and sentenced prisoners serving
imprisonment of not more than three years, while prisons are institutions for the confinement of sentenced
prisoners serving imprisonment of more than three years.

History of the Jails

When the first crude system of community organization began to emerge in the stone age, a small
cave was undoubtedly designated as a holding cell for the detention of those who violated the tribal code
until the elders could gather at the side of some nearby mountain to decide upon punishment. But when
punishment had been determined, a restraining boulder was rolled aside from the mouth of the cave, the
guilty were brought and punishment promptly meted, Until about 200 years ago, the jail was used
exclusively for the detention of the accused pending trial and imposition of punishment. The punishment
imposed were torture, banishment, exile, death, branding, Mutilation, but never imprisonment

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Types of Jails – the modern jail system falls into three general classes:

1. The lock-up - This is a security facility, usually operated by the police department, for the
temporary detention of persons for preliminary hearing. Usually the period of detention does not
exceed 48 hours. Persons who must be held longer are transferred to the city or provincial jails.

2. The Ordinary Jail - In most instances this institution houses both offenders awaiting court action
and those serving short sentences, usually up to three years. Frequently, it is the only facility
available for the detention of the juvenile offender and for the care of the non-criminal insane
pending commitment to the state psychopathic hospital. It may be administered by the police
department or by the provincial jail administration

3. The Workhouse, Jail-Farm or Camp - These institutions house minimum custody offenders
serving short sentences, usually not more than three years. Like the ordinary jail, thy maybe
operated by the city police department or by the provincial jail administration.

Cities and provinces, which have big inmate populations, may operate the three types of jails
mentioned above.
Consolidated Jails

Ideally, jails should be used only for the detention of prisoners awaiting court action and few short-
sentence prisoners who require maximum security. Other short-sentence prisoners should be housed in
special institutions such as farms, camps, workhouse, etc., which can provide full employment, remedial
services, and constructive leisure-time activities. The correctional treatment of sentenced offenders
requires more complete facilities and larger staff than can be provided by the average city or provincial jail,
An institution serving several jurisdiction, however, can draw on the resources of all and with this pooling of
funds can offer a planned correctional programs for short-sentence offenders. The existing jails then can
revert to their proper function in housing prisoners awaiting trial.

Alternative to Jail Confinement

In order to solve the problem of congestion of prisoners in jail and save many accidental offenders
from becoming hardened offenders, the following alternative to jail confinement are suggested:

1. Elimination from the jail of those who belong elsewhere. Such persons as the chronic
alcoholics, the insane, the children, the ill, the destitute, and the other jail misfits should move out
and give the prisoner a chance. These people belong to hospitals for mentally or to foster homes.
2. Payment of fines in lieu of imprisonment. Court records and dockets are crammed with persons
ordered to jail for failure or inability to pay fines. The application of punishment with relation to the
economic status of the offenders seems to be illogical. As long as we consider the imposition of a
fine as an appropriate measure of punishment, consideration should be given to its payments on
the installment plan.
3. Use of Probation. The use of probation in minor cases can be availed of effectively for selected
offenders as a means of reducing the jail population.
4. Wider use of approved methods of release from custody. The wider use of bail, release on
personal recognizance, paroling to the family, friends or attorneys, is advisable in cases of a minor

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nature. Judges hold within their power the extended use of these measures. They need to
comprehend that jail confinement is the least desirable of procedures.
5. Consolidation of Confinement Facilities. In many areas, adjacent provinces and cities could give
consideration to the combined use of a single jail rather than continuing the use of several jails. This
would make possible efficiency and economy of operation and the improvement of housing
facilities.
6. Establishment of Farm Units and Forestry Camps. These alternatives to the continued
employment of the typical local jail are attaining wider approval. The states of California, Wisconsin,
Virginia and numerous others are successfully operating approved camps, farms and colonies. The
county of Los Angeles has developed a commendable jail-farm system, which is meeting with
community approval. The establishment of such units serves to provide constructive use of labor of
those confined.
7. The use of the delayed sentence. Various areas, notably Wisconsin, have experimented with the
use of the delayed sentence. Sometimes referred to as the “ weekend sentence,” or the “night
sentence” this procedure permits a jail prisoner to pursue his normal job during the week and return
to the jail 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.

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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.
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.

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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.

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

2. Records and Statistics Branch

 Keep and maintain booking sheets and arrest reports

 Keep an orderly record of fingerprints and photographs

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 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 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

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of the law abolishing the crime may be extended absolute pardon. For example, a person
serving imprisonment for black-marketing of gasoline when this commodity was rationed may
after the repeal of the law on black-marketing be extended absolute pardon.
3. To restore full political and civil rights of persons who have already served their sentence and
have waited the prescribed period. The greatest number of application for absolute pardon
come from ex-prisoners who desire to be restored their political and civil rights. In the
Philippines, the Office of the President laid down the policy to grant absolute pardon to ex-
prisoners ten years from the date of their release from prison. Recently the policy was relaxed,
thereby shortening the waiting period of five years. The waiting period is required to give the
offender an opportunity to demonstrate that he has established a new pattern of conduct.

Effects of Absolute Pardon

Absolute Pardon does not work to restore the right to hold public office or the right to suffrage,
unless such rights are expressly restored by the terms of pardon. A pardon does not exempt the offender
from the payment of civil indemnity imposed upon him by the sentence. Absolute pardon totally
extinguishes the criminal liability but not the right of the offended party to enforce the civil liability against
the offender.

In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid down the doctrine that the
absolute pardon removes all that is left of the consequences of conviction, and that it is absolute in so far it
restores the pardonee to full civil and political rights.

In another case, the supreme Court reiterated the doctrine laid down on the Cristobal vs. Labrador
case and elucidated further that “ an absolute pardon not only blots out the crime but removes all
disabilities resulting from the conviction; and that when granted after the term of imprisonment has expired,
absolute pardon removes all that is left of the consequences of conviction.” (Polobello vs. Palatino, 72
Phil.441 )

Differences between Amnesty and Pardon

Pardon includes any crime and is exercised individually by the Chief Executive, while amnesty is a
blanket pardon granted to a group of prisoners, generally political prisoners. Pardon is exercised when
the person is already convicted while amnesty may be given before trial or investigation is had.

In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court distinguished pardon from
amnesty in that, “ pardon is granted by the Chief Executive and such it is a private act which must be
placed and proved by the person pardoned, because the courts take no notice thereof; while amnesty is by
proclamation with concurrence of Congress, and it is a public act which the courts should take judicial
notice. Pardon is granted to one after conviction, while amnesty is granted to classes of persons who may
be guilty of political offenses, generally before or after the institution of criminal prosecution and sometimes
after conviction. “

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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.
9.

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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.

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

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citizens, to accelerate the rehabilitation of the war-devastated country, restore peace and order, and secure
the welfare and happiness of the communities.”

Amnesty looks backward and abolishes and puts into oblivion the offense itself. It so overlooks and
obliterates the offense with which he is charged that the person released by amnesty stands before the law
as though he had committed no offense.

Amnesty is extended to convict as well as persons who have not yet been tried by the court. Some
of the proclamations of amnesty are as follows:

1. Proclamation No. 51 – This proclamation was issued by the late President Manuel Roxas on
January 28, 1948, granting amnesty to those who collaborated with the enemy during World
War II.

2. Proclamation No. 76 – This was issued by President Elpidio Quirino on June 21, 1948,
extending amnesty to leaders of the Hukbolahap and Pambansang Kaisahan ng mga
Magbubukid (PKM). The amnesty applied to crimes of rebellion, sedition, illegal association,
assault, resistance and disobedience to persons in authority and illegal possession of firearm.

3. Proclamation No. 51 – was issued in order to attain the following objectives: To pardon those
commited crimes against the security of the State who have changed their hostile attitude
towards the government and have voluntarily surrendered with their arms and ammunitions. To
get the dissidents back into the fold of law abiding citizens. To gather the loose firearms.

Commutation

Commutation is an act of clemency by which an executive act changes a heavier sentence to a

less serious one or a long term to a shorter term. it may alter death or life sentence to a term of years.
Commutation does not forgive the offender but merely reduces the penalty of life sentence for a term of
years.

Purposes of Commutation

Some of the common uses of commutations are the following:

1. To break the rigidity of the law - Some penal laws are rigid and unusually cruel. For example, a law
making qualified theft, the stealing of young coconuts from trees, or fish from the fishpond, or sugar
cane from the sugar cane field. Qualified theft imposes an unusually heavy penalty on the culprit,
which is greatly misappropriated to the value of article stolen. Even if the judge would want to
impose a light penalty, he could not do so because his hands are tied by the provision of the law.
The sentence in this case may be reduced by commutations of sentence.
2. To extend parole in cases where the parole law does not apply - Commutation enables the
recipient to be released on parole when his sentence does not allow him parole, like, for example,
when the sentence is determinate or life sentence, or when the prisoner is serving two or more
sentences. The sentence may be changed to an indeterminate sentence by commutation to enable
the recipient to receive parole after serving the minimum of the sentence.

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3. To save the life of a person sentenced to death - This is one of the most common uses of
commutation of sentence. In the Philippines, 95% of death penalty cases are commuted to life
imprisonment.

Procedures in Commutations

When the sentence of death penalty is confirmed by the Supreme Court, the condemned man or
the head of the prison system (Director of Prisons) may file a petition for commutation. The prisoner is
subjected to a social, psychological and psychiatric examination by the Staff of the Reception Center. The
inquiry will include the sociological history of the prisoner, his criminal history, mental psychological
capacities, work history, etc., the purpose of which is to determine the degree of involvement in crime the
prisoner is in, and to determine if he deserves to be given a new lease in life. The petition is then forwarded
to the Board of Pardons and Parole, together with the reports of examinations of the reception and
Diagnostic Center and the recommendation of the Director of Prison on the petition.

The Board of Pardons and Parole processes the petition and will deliberate on a recommendation
after a careful study of the papers, including the reports of the Reception and Diagnostic Center. It will them
forward the petition, including its recommendation to the President. The President will then act on the
petition. In giving or denying commutation, the President may not follow the recommendation of the Board
of Pardons and Parole.

Reprieve

Reprieve is a temporary stay of the execution of the sentence. Like pardon, the President can only
exercise reprieve when the sentence has become final. Generally, reprieve is extended to death penalty
prisoners. The date of the execution of sentence is set back several days to enable the Chief Executive to
study the petition of the condemned man for commutation of sentence or pardon.

Good Conduct-time Deductions

Conditional release is the statutory shortening of the maximum sentence the prisoners serves
because of good behavior while in prison. This is called “ good conduct-time “ and is given by the law as
motivation for good behavior while serving sentence in prison. Article 97, Revised Penal Code, provides
good conduct time allowance to all sentences under the following schedules:
“ Good Conduct time allowance is automatically applied to reduce the sentence but may be taken
away from the prisoner if he fails to obey the rules and regulations of the prison. However, good conduct
time allowance may be remitted as a reward for exceptional services the prisoner may render to the prison
administration, or after the lapse of some time when the prisoner has sufficiently demonstrated that he has
reformed. “
“ If the prisoner does not forfeit his statutory good conduct time allowance through misbehavior, he is
released at time earned. He is released under supervision as if on parole and subjected to all parole
condition which, if violated, will result in the issuance of a warrant, revocation of his release, and the
requirement that he return to prison to serve the maximum term.”

This form of conditional release is used in Federal, Kentucky, Kansas, North Carolina and
Wisconsin correctional institutions. The release of the prisoner is mandatory when the accumulated time
deducted from the sentence for good behavior and work credits makes it mandatory to release the prisoner.

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The Board of Parole does not participate in the selection process. This form of release does, however,
enable the parole staff to provide supervision for a period of time by which his release has been advanced
for good behavior as though the offender was on parole. The released prisoners are subject to the
regulation and control of parole.

In the Philippines, the prisoner who is released from prison after serving his sentence less the good
conduct time allowance, is released without any condition and is considered to have served his sentence in
full.

Act No. 2489, otherwise known as the Industrial Good Time Law, provides that when a prisoner
has been classified as trusty or penal colonists, he is given an additional 5 days time allowance for every
month of service. A prisoner serving life sentence has his sentence automatically reduced to 30 years of
imprisonment upon attaining the classification of trusty or penal colonists

PROBATION

Probation - A term coined by John Augustus, from the Latin verb "probare" – which means to
prove or to test.

Probation is a procedure under which the court releases a defendant found guilty of a crime
without imprisonment subject to the condition imposed by the court and subject to the supervision of the
probation service. Probation may be granted either through the withholding of sentence (suspension of
imposition of a sentence) or through imposition of sentence and stay or suspension of its execution. The
former generally considered more desirable.

History of Probation

The origins of probation can be traced to English criminal law of the Middle Ages. Harsh
punishments were imposed on adults and children alike for offenses that were not always if a serious
nature. Sentences such as branding, flogging, mutilation and execution were common. During the time of
King Henry VIII, for instance, no less than 200 crimes were punishable by death, many of which were minor
offenses.

This harshness eventually led to discontent in certain progressive segments of English society
concerned with the evolution of the justice system. Slowly, yet resolutely, in an effort to mitigate these
inhumane punishments, a variety of measures were devised and adopted. Royal pardons could be
purchased by the accused; activist judges could refrain from applying statuses or could opt for a lenient
interpretation of them; stolen property could be devalued by the court so that offenders could be charged
with a lesser crime. Also, benefit of clergy, judicial reprieve, sanctuary, and abjuration offered offenders a
degree of protection from the enactment of harsh sentences.

Eventually, the courts began the practice of "binding over for good behavior," a form of temporary
release during which offenders could take measures to secure pardons or lesser sentences.
Controversially, certain courts in due time began suspending sentences.

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In the United States, particularly in Massachusetts, different practices were being developed.
"Security for good behavior," also known as good aberrance, was much like modern bail: the accused paid
a fee as collateral for good behavior. Filing was also practiced in cases that did not demand an immediate
sentence. Using this procedure, indictments were "laid on file" or held in abeyance. To mitigate
unreasonable mandatory penalties, judges often granted a motion to quash based upon minor technicalities
or errors in the proceedings. Although these American practices were genuine precursors to probation, it is
the early use of recognizance and suspended sentence that are directly related to modern probation.

Two names are most closely associated with the founding of probation: Matthew Davenport Hill, an
18th century English barrister and judge, and John Augustus, a 19th Century Boston boot-maker.

As a young professional in England, Hill had witnessed the sentencing of youthful offenders to one-
day terms on the condition that they be returned to a parent or guardian who would closely supervise them.
When he eventually became the Recorder of Birmingham, a judicial post, he used a similar practice for
individuals who did not seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation,
they were placed in the hands of generous guardians who willingly took charge of them. Hill had police
officers pay periodic visits to these guardians in an effort to tack the offender's progress and to keep a
running account.

John Augustus, the "Father of Probation," is recognized as the first true probation officer.
Augustus was born in Woburn, Massachusetts, in 1785. By 1829, he was a permanent resident of Boston
and the owner of a successful boot-making business. It was undoubtedly his membership in the
Washington Total Abstinence Society that led him to the Boston courts. Washingtonians abstained from
alcohol themselves and were convinced that abusers of alcohol could be rehabilitated through
understanding, kindness and sustained moral suasion, rather then through conviction and jail sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first
probationer. The offender was ordered to appear in court three weeks later sentencing. He returned to
court a sober man, accompanied by Augustus. To the astonishment of all in attendance, his appearance
and demeanor had dramatically changed. Augustus thus began an 18-year career as a volunteer probation
officer. Not all of the offenders helped by Augustus were alcohol abusers, nor were all prospective
probationers taken under his wing. Close attention was paid to evaluating whether or not a candidate would
likely prove to be a successful subject of probation. The offender's character, age and the people, places
and things apt to influence him/her were all considered.

Augustus was subsequently credited with founding Investigations, one of three main concepts of
modern probation, the other two being Intake and Supervision. Augustus, who kept detailed notes on his
activities, was also the first to apply the term "probation" to this process of treating offenders. By 1858,
John Augustus had provided bail for 1,946 men and women, young and old. Reportedly, only ten of this
number forfeited their bond, a remarkable accomplishment when measured against any standard. His
reformer's zeal and dogged persistence won him the opposition of certain segments of Boston society as
well as the devotion and aid of many Boston philanthropists and organizations. The first probation statute,
enacted in Massachusetts shortly after this death in 1859, was widely attributed to his efforts.

Following the passage of that first statute, probation spread gradually throughout the United States
and subsequently to many other countries. The juvenile court movement contributed greatly to the
development of probation as a legally recognized method of dealing with offenders. The first juvenile court

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was established in Chicago in 1899. Formalization of the concept of Intake is credited to the founders of the
Illinois juvenile court. Soon after, thirty states in turn introduced probation as a part of juvenile court
procedure. Today, all states offer both juvenile and adult probation. The administrative structure of
probation varies widely from state to state. In some states, probation and parole are combined. There are
state-administered probation systems and locally administered systems. In New York, probation is locally
administered under the general supervision of the state.

Probation in New York State had its official beginning in 1901, with the enactment of the first
probation in the state. One of the commission's recommendations in its report to the Legislature resulted in
the creation of the New York State Probation Commission in 1907. Until the late 1920s, this commission
coordinated probation work in various parts of the state, encouraging the statewide development of
probation services, the planned and promoted standards of practice, and guidelines for monitoring local
probation services.

In 1917, a State Division of Probation was established within the NYS Department of Corrections,
and in 1928 the Office of the Director of Probation was created. The State's Division of Probation remained
within the Department of Corrections until 1970 when it was organized as a separate state agency within
the Executive Department. The Director of the NYS Division of Probation then became a gubernatorial
appointee, directly accountable to the governor.
As a result of additional statutory changes, local probation departments, which prior to the early 1970s were
responsible to the judiciary, followed they NYS Division of Probation's lead. In 1974, all local probation
directors were made accountable to their respective chief county officials, or in the case of New York City,
the mayor.

In 1984, the Classification/Alternatives Law expanded the authority of the state division. The name
was changed to the New York State Division of Probation and Correctional Alternatives, enhancing the
division's ability to foster the development and effective implementation of local community-based
corrections. A present, the New York City Department of Probation is second only in size to the Los
Angeles County department.

History of Probation in the Philippines

Probation was first introduced in the Philippines during the American colonial period (1898 - 1945)
with the enactment of Act No. 4221 of the Philippine Legislature on 7 August 1935. This law created a
Probation Office under the Department of Justice. On November 16, 1937, after barely two years of
existence, the Supreme Court of the Philippines declared the Probation Law unconstitutional because of
some defects in the law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in the
Philippines. This bill avoided the objectionable features of Act 4221 that struck down the 1935 law as
unconstitutional. The bill was passed by the House of Representatives, but was pending in the Senate
when Martial Law was declared and Congress was abolished. In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18 technical hearings over a period of six months, the draft
decree was presented to a selected group of 369 jurists, penologists, civic leaders and social and
behavioral scientists and practitioners. The group overwhelmingly indorsed the establishment of an Adult
Probation System in the country.

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On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was
signed into Law by the President of the Philippines. The operationalization of the probation system in 1976-
1977 was a massive undertaking during which all judges and prosecutors nationwide were trained in
probation methods and procedures; administrative and procedural manuals were developed; probation
officers recruited and trained, and the central agency and probation field offices organized throughout the
country. Fifteen selected probation officers were sent to U.S.A. for orientation and training in probation
administration. Upon their return, they were assigned to train the newly recruited probation officers. The
probation system started to operate on January 3, 1978. As more probation officers were recruited and
trained, more field offices were opened.
Role of Probation in the Correctional System

Probation is a part of the correctional system. It cannot be properly considered as an independent

subject. It is only a phase of penology, and therefore, it must be viewed in its relation to other aspects of the
enforcement of the criminal laws and its proper perspective. It is a part of an entire structure and only a
single feature of a well-rounded correctional process. Probation is a form of treatment of the convicted
offender. It is not a clemency, pity or leniency to the offender, but rather a substitute for imprisonment.
There are some offenders who must go to prison for their own good and for the good of the society
because their presence in the community constitutes a threat to law and order. Other less inured to crime
can remain in the community after conviction where they are given a chance to conform to the demands of
the society. Probation is compared to an out-patient. The out-patient does not need to be confined in a
hospital because his sickness is not serious. However, the patient must remain under the care and
supervision of his family physician in order that his sickness will not become serious. Similarly, the
probationer does not need to go to prison, but he should remain under the supervision and guidance of his
probation officer in order that he will not become a more serious offender.

Probation is given in cases that the ends of justice do not require that the offender go to prison.
This is also when all the following circumstances exist: that there is a strong likelihood that the defendant
will reform; that there is a little danger of seriously injuring or harming members of the society by
committing further crimes; that the crime he committed is not one that is repugnant to society; that he has
no previous record of conviction; and that the deterrent effect of imprisonment on other criminals is nit
required. The person who is placed on probation is not a free man because he is required to live within
specified area. He is deprived of certain rights and privileges of citizenship, but he retains some other rights
and is entitled to the dignity of man.

Purpose of Probation

The Wickersham Reports in 1931 (Report of the “ National Commission of Law Observance and
Enforcement, “ page 146 of Report No. 9) states the purpose of probation as follows:

1. “ Probation, like parole and imprisonment, has as its primary objective the protection of society
against crime. Its methods may differ, but its broader purpose must be to serve the great end of all
organized justice – the protection of the community… probation is an extension of the powers of
the court over the future behavior and destiny of the convicted person such as is not retained in
other dispositions of criminal case…

2. “ … in probation ( there ) is the recognition that in certain types of behavior problems which come
before the courts confinement may be both an unnecessary and an inadequate means of dealing

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with the individuals involved; unnecessary because in that particular case the end sought, i,e., the
protection of society, may be achieved without the cost of confinement, and inadequate because
the prison sentence may create difficulties and complications which will make more, rather than
less, doubtful the reinstatement of that particular individual as a law-abiding citizen. “

Advantages of Probation

Probation is more advantageous than imprisonment. In probation, the man is spared the
degrading, embittering and disabling experience of imprisonment that might only confirm them in criminal
ways. On the other hand, the offender can continue to work in his place of employment. Family ties remain
intact, thus preventing many a broken home. Also, probation is less expensive which is only one tenth as
costly as imprisonment. To the extent that probation is being used today – about 60% of convicted
offenders are given probation – this type of sentencing therefore, will greatly relieve prison congestion.
Chief Justice Taft of the United States Supreme Court in a case decided by that Court mentioned the
purpose of the federal Probation Act as follows:

“ The great desideratum was the giving to young and new violators of law a chance to reform and
to escape the contaminating influence of association with hardened or veteran criminals in the beginning of
the imprisonment… Probation is the attempted saving of a man who has taken one wrong step and whom
the judge think to be a brand who can be plucked from the burning at the time of the imposition of the
sentence. “

ADMINISTRATIVE ORGANIZATION OF PROBATION

During the early stages of probation the appointment of probation officers and the administration of
probation services were considered as court functions. Later, probation service was provided to serve all
courts within a City or County such courts as juvenile, domestic, municipal and criminal. In this type of
probation service, the probation officers are appointed by the Civil Service Bureau or Commission. In
recent years there has been a trend toward a state integrated probation and parole service for:

 Personality: He' must be of such integrity, intelligence, and good judgment as to command respect
and public confidence; Because of the importance-of his quasi-judicial functions, he: must possess
the equivalent personal qualifications of high judicial officer. He must be forthright, courageous and
independent. He should be appointed without reference to creed, color, or political affiliation.
 Education: A board member should have an educational background broad enough to provide him
with knowledge of those professions mostly closely related to parole administration. Specifically,
academic training which has qualified the board member for professional practice in a field such as
criminology, education, psychiatry, psychology, social work and sociology is desirable. It is
essential that he have the capacity and desire to round out his knowledge, as effective
performance is dependent upon an understanding of legal processes, the dynamics of human
behavior, and cultural conditions contributing to crime.
 Experience: He must have an intimate knowledge of common situations and problems confronting
offenders. This might be obtained from a variety of fields, such as probation, parole, the judiciary,
law, social work, a correctional institution, a delinquency preventive agency.

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 Others: "He should not be an officer of a political party or seek or hold elective office while a
member of the board."

PAROLE SYSTEM

The Board of Parole should be vested by law wide latitude of powers, which include the following:

1. To set terms of parole.

2. To decide who shall be released on parole from among all inmates eligible.
3. To determine the date of release.
4. To decide revocation of actions.
5. To administer the agency responsible for parole supervision sometimes.

Institutional Parole Officers

In the preparation of cases for parole deliberation/the Board of Parole is aided by a sufficient
number of institutional classification and parole officers. These personnel work closely as liaison officers
between the board of parole and the prison, and are in close contact with the parole officers in the field who
supervise the parolees after release.

The institutional classification or parole officer keeps up-to-date the running case summary of the
prisoner and makes said records available to the parole boards from which it can base final parole action.
He is responsible for the preparation the admission summary of the prisoner, which includes the record of
the present and previous criminal offenses, a social history; religious history psychological and psychiatric
study, employment and educational accomplishment; and complete analysis of the community arid
situation: The institutional parole officer submits "progress reports" on the prisoners' program and training
as the inmates serve their sentences.

Administrative Structure

There are four plans or structures by which parole is administered, namely:

1. The parole board serves as the administrative and policy-making board for a combined
probation and parole system. Most of the states of the United States fall under this plan.
2. The second plan that parole board administers the parole service only.
3. The third plan is that the parole services are administered by the department which administers
the prison and other correctional institutions and which department may or may not also
include the parole board.
4. The fourth plan is that the parole services are administered by the state 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 func-
tions 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.

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Parole Investigation

The investigation unit of a parole agency is responsible for conducting pre-parole investigations.
The purposes of pre-parole investigation are (1) to bring the case history facts up to date, and (2) to verify
parole plan or work and residence.

Parole Selection

One of the most important functions of the Investigation Division is to help the parole board in the
selection of prisoners for parole. This cannot be determined merely by the length of time served. If a
prisoner is paroled too soon and while still maladjusted, he may fail and return to prison. On the other hand
if the prisoner is retained too long, he may be embittered, depressed, become apathetic or get discouraged,
so" that when released he may fail to reestablish himself, adequately in society. The institutional record a
one cannot be used as an index of a prisoner's readiness for parole because some men with deeply and
socially dangerous patterns of criminality are shrewd enough to maintain a good institutional record and yet
be actually among those with the poorest likelihood to succeed on parole.

In determining readiness of a prisoner for release, the program of treatment and training of the
prisoner in the penal institution should be coordinated with his -program when released. The prison staff
and parole bureau should coordinate in preparing the detailed program of the prisoner, both in prison and
on parole. One way of achieving coordination between the two agencies, the prison and the parole bureau,
is to provide "institutional parole" officers who understand the problems of parole -supervision and can work
effectively with the parole bureau.-Another way to effect coordination between the prison and the parole
bureau is to assign parole officers from the staff of the latter agency to work in the penal institutions. Under
this arrangement the parole officer participates actually in the classification and casework program of the
prison and is responsible for the evaluation of the inmates program from the standpoint of its usefulness
after release.

Tools in Selection

Three documents need to be prepared by the institutional staff to assist the paroling authorities and
the parole bureau their work with individual prisoners. They are:

1. the pre-board summary;

2. the parole referral summary of the classification committee
3. the final pre-release progress report.

The Pre-Board Summary - This document is prepared by the institutional parole officer. It a brief
summary of the inmate's case, including his case history and the salient points, which are considered
necessary whether or not, parole is to be granted.

The Parole Referral Summary - This document is prepared by the prison's classification
committee for the use of the parole bureau. The purpose of this summary is to indicate to the field (parole)
workers what the staff of the prison considers to be essential for the best interest of the parolees and the
protection of the society. It contains an appraisal of the prisoner's personality and his needs for adjustment
upon return to society.

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Pre-release Progress Report - the institutional Classification Committee also prepares this
document. In this report, the professional contributions of the Reception-Guidance Center and of the
institution are brought together for greatest usefulness at pre-release. The pre-release progress report is
used by the Parole Board as guide in determining the prisoner's eligibility for parole and in preparing his
parole program. It outlines the treatment program of the parolee. While the report contains certain
suggestions on the prisoner's program during the remaining weeks of his stay in prison, special emphasis is
given to his program when he leaves the institution in terms of success after release. The parole officers
use it as reference and guide when the inmate is brought in for personal appearance to formulate with the
parole officer a program for parole.

Contents of the Parole Referral Summary

1. The general background and present status of the inmate.

 Local status with regard to release
 Previous criminal behavior in relation to parole situation.
 Social history (including family relations, social welfare assistance and use of leisure time.)
 Personality adjustment in prison (including appraisal of disciplinary record.)
 Other matters.
2. Report of Institutional Program
 Treatment of personality maladjustment
 Vocational training
 Academic education
 Medical treatment
 Recreational activities (including hobbies.)
 Religious interest
 Other matters.
3. The Inmate’s own plans and concern over parole
 Preferred place of residence
 Type of work desired.
 Family relations.
 Problems anticipated by inmate.
 Other matters
4. Comments by the compiler of the report.
5. The staff recommendations.
 Level of supervision (maximum, medium, minimum).
 Residence
 Work
 Program (education, religion, recreation, etc.)
 Special needs (medical, financial, etc.)
 Other matters.

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The Importance of the Parole Referral Summary

The parole referral summary represents the final evaluation of the effect upon the inmates of this
investment in their welfare by society. The parole referral summary is sent to the field officers of the parole
bureau. This document represents a general plan for the care and treatment of the parolee. Circumstances
may require modifications of the recommendations contained by the paroling agency, yet the parole referral
summary remains the basic clinical document for the determination of the man's program upon release,
since it represents a comprehensive study by the institutional staff of his entire life.

Pre-Parole Investigation

The primary duty of the parole board is the proper selection of prisoners to be released on parole.
It is the prime concern of the board to determine whether parole applicants are capable of living in the
community and remaining at liberty without violating laws. It must also determine whether the release of the
prisoner is compatible with the welfare of society.

The investigation division of the parole office takes charge of making a pre-parole investigation for
reference and guidance of the board in the proper selection of prisoners for parole. The parole officer
making the pre-parole investigation collates all in formations regarding the inmate contained in various
documents or reports, namely, the comments from the sentencing judge, comments from the prosecuting
fiscal, _and a further analysis of the many studies and contacts made by the trained prison staff during the
period of the inmates’ imprisonment.

The institutional reports consist of psychiatric and psychological reports', the social history of the
prisoner prepared by the sociologist, educational report evidence of wanting to reform, conduct while in
prison, attitude and other contributory factors. In determining the fitness the prisoner for parole, the parole
board should likewise look into the negative factors which may disqualify the prisoner for parole, such as
the adverse feeling of the community toward his release on parole, and unstable family situation, lack of
employment; opportunity or unsatisfactory record of previous employment history of failure to support family
or dependents properly; lack of: responsibility, record of nomadism, alcoholism lack of home sites, and
antisocial 'nor immoral acts. The parole board should likewise consider the favorable or unfavorable reports
of the field supervising parole officer on the parole plan for the prisoner since this officer makes last minute
verification on arrangement regarding residence, selection of parole adviser, and prospective employment.

Parole Hearing — How Conducted

Parole hearings may be commenced by a written petition of the prisoner or by his relatives. In an
institution where casework method is highly developed, there is no need for the prisoner to file a petition
since the institutional classification committee, motu propio initiates parole proceedings the moment the
prisoner becomes eligible.

Several methods are used in selecting prisoners for parole. Some boards of parole conduct
interviews in the prison with the entire membership present to interrogate the prisoner. In some
jurisdictions, the board does not conduct interviews with the prisoners but depends solely on the recorded
material. In the United States Board of Parole, the board does not meet en bane to interview the prisoner.
Instead, each of the five board members interviews all prisoners eligible for parole in a particular institution.
His interviews are recorded in verbatim He prepares a complete resume and analysis of case. His findings

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are contained in the detailed summary, which he prepares after the interview. The other members of the
board who may or may not concur with his recommendation review this summary.

Cases of prisoners serving more than five years or cases wherein a major policy is involved, and
cases offering difficult factors in planning are resolved by the board en bane.

The date of release of a parolee does not take place earlier than one month nor exceed six months
from the date parole is granted. This will give sufficient time for the supervising parole officer to complete
and verify the parole release plan. Only in exceptional cases are parolees granted immediately upon
approval by the board. Cases that are denied by the board may be rescheduled for hearing after at least six
months from the date of denial.

Coordination of Probation, Prison, and the Parole Program

In recapitulation it may be here emphasized that the three principal correctional agencies, namely,
probation, prison and parole, should be coordinated. The reason for this is that since the three correctional
services aid the same persons, each service should know the experiences of the others and their efforts
with individuals. The pre-sentence investigation prepared for the use of the court, is invaluable to the prison
officials who must treat the person committed to prison. This report is used by the classification committee
of the prison as guide in carrying out the prisoner's treatment and training program. When the prisoner is
ready for parole consideration, the parole board finds the pre-sentence investigation report very useful in
deciding, on parole. When the prisoner is paroled, the prison officials furnish the parole officer with a
progress report pertaining to the changes in. health, acquisition of new skills and other attainments.

The parole, officer serves as a good liaison between the prison and the parole board on the one
hand, and the community on the other hand. He interprets the problems and needs of the prisoner to his
family, his prospective employer and the community for the eventual return of the prisoner.

The correctional service may be_ compared to the medical service. Probation is the equivalent of
the out-patient service. Probation officer deals with the offender just as the family physician treats the
patient at home. The more serious offenders are committed to prison just as patients requiring operation or
special care have to be sent to the hospital. When the prisoner has served his minimum sentence or has
stayed in prison long enough and believed to be already reformed, he is released under the care and
supervision of a parole officer. Likewise, when the patient becomes ambulatory, he returns home to the
care of the family physician. If all goes well in the community as planned, there is no need for him to return
to the hospital for further treatment.

Failure to integrate these three branches of the correctional service — probation, prison, and
parole, obstructs the speedy reformation of the offender and is costly to the government. These three
agencies should be integrated as parts of a full-coverage policy of corrections and they should operate in
harmony with a single objective: the wholesome rehabilitation of the offender.

Parole Supervision (Organization and Regulational Aspects)

The supervision of parolees is one of the most important aspects of the whole rehabilitative process.
The character of the supervision largely determines the success or failure of any given case. Supervision of
parolees has three aspects: organizational, regulational and operational.

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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 justified.

Recently, federal and state laws were passed providing for parole and probation compacts,
whereby states enter into reciprocal agreements to allow a parolee or probation to be supervised by
another state.

Some centralized parole supervision units are separate state units or bureaus under the
department of welfare or division within the department of corrections. Sometimes they are a part of the
total parole board organization.

Regulational Aspect of Parole Supervision

The regulational aspect of parole consists of several rules and requirements promulgated by the
paroling authority. But why are rules and regulations necessary in parole? The parolee, whether he likes it
or not, needs a certain kind of discipline. It instills in him the feeling of security to know that he is within
legal bounds by following the set of rules and regulations. Some types of offenders need the authoritarian
method of dealing with them, so a set of rules and regulations is the only way to help them get over their
difficulties. Rules and regulations in parole are intended to help both society and the parolee. They can be
used to help parolee if their regulatory effects eventually become part of the parolee's way of life. Rules and
regulations pose as a sword of Damocles over the head of the parolee. He knows for a fact that when he
violates any of the rules his freedom will be forfeited.

The most common rules and regulations are the following:

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.

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

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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 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

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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.

NOTE: The role of the parole (probation) officer as law-enforcement agent is discussed in the
Chapter on Probation.

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The Parole Officer - A Case Worker or a Police Officer?

There is controversy as to whether or not the parole officer should be clothed with law enforcement
authority. One school of thought holds the view that parole officers should not perform law enforcement
work, such as sleuthing and arresting his ward. To do so would be incompatible with his role as a social
caseworker. The effectivity of the parole officer as a guidance counselor, a leader or teacher is nullified if
the parole officer is clothed with police powers. The other school of thought holds the view that parolees,
being persons who have not been able to make adjustments with the demands of society, should be
applied certain restraints under threats of arrest and reincarceration. Not all parolees, according to this
view, respond to the guidance counseling or leadership techniques of supervision, hence the need for the
authoritarian method for this type of persons.
Experience in various parole agencies, however, proved that the two points of view expressed
above are without basis. It was satisfactorily proven in many jurisdictions that some parole officers with
professional training in social work made good as peace officers while others whose basic training was in
law enforcement made good as case workers

Classifications of Cases

The quality of service that a parole office renders to the parolee depends on the size or caseload
parole officers have. One cannot expect adequate supervision from a parole officer who has 750 parolees
to supervise.

Parole supervision can be simplified and made more effective by adopting a sys- ' tern of
classifying parolees. Some parolees do not have pressing problems as they arise. The accidental offender
belongs to this type. This type of parolees needs very little or no supervision from the field parole officers.

Another classification of parolees is the type that needs casework as the primary consideration of
treatment. The parolees may not be serious community- risks. An example of this type is the parolee who is
in need of a job or economic aid. Here the field parole officer can devote full attention to intensive casework
that is, trying to help his client get a job.

A third classification for purposes of supervision is the type in which law enforcement function is
the first, even the only consideration. This type of parolee needs constant supervision and surveillance by
the parole officer in order to prevent the parole from recommitting crimes. Usually we find in these
classification offenders whose history and background indicate great personal disorganization, such as the
professional killer, the gangster, the sex-pervert, and the long-time confidence man. The field parole officer
should be alert to discover signs of misbehavior in this type of parolees and to be quick on his rearrest.

Knowing the type of offenders his wards are, the parole officer can adjust his schedule of
supervision, devoting intensive supervision to parolees belonging to the third type while giving little time for
parolees of the first type.

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Casework Techniques

The parole officer as caseworker, he can use casework techniques, among which are:

1. The Manipulative techniques;

2. The Executive techniques; and
3. The Guidance, Counseling and Leadership technique.

(*Casework techniques also apply to supervision in Probation.)

Manipulative Techniques

Manipulative technique are ways of helping the parolee by altering his environmental conditions go
as to bring out satisfactory social adjustment in the individual. Among the common manipulative devices
used by the parole officer are the following:

1. Job finding — some parole systems have their own employment bureaus, the main function
of which is to locate jobs for parolees. By providing a job the parolee may become a
permanent law-abiding citizen. In some cases, the parole officer himself tries to find a job for
his ward.

2. Home placement — there are some parolees who cannot return to their parental homes
because of some conflicts or tensions existing in the family, or that a member of the family is a
morally depraved person whose influence on the parolee may not be conducive to his social
readjustment. It is the responsibility of the parole officer to help find a foster home for the
parolee.

3. Improvement of community conditions — the locality where the parolee returns may
abound with vices such as gambling, dancehalls, bars, houses of prostitution, etc. It is the duty
of the parole officer, like other civic-minded citizens to participate in community movements to
clean up these vices and unwholesome establishments.
4. Removal of Discrimination — One of the greatest obstacles to employing ex-prisoners as
well as accepting them socially in the community is the prejudice that prospective employers
and the public have against him. Very few industrial establishments would employ a parolee or
an ex-prisoner. It is the job of parole officers to remove discrimination against the parolee in
order that employers may be willing to offer him a job. The parole officer can participate in a
public information program designed to educate the community into accepting the ex-prisoner
as a human being, to avoid stigmatizing him.

The employment of manipulative devices in helping parolees by the parole officer needs skill. It is
not because the parolee needs a job that his parole officer gets him a job. It is more meaningful and lasting
to the parolee if, instead of the parole officer getting him a job, he should first exert efforts to make the
parolee gain strength to seek his own job. By extending the help to the parolee, the latter is not helping
solve his problems permanently, so that when his prop (the parole officer) is gone, the same problems he
had before his imprisonment will bring him into troubles again.

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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

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.

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Guidance and leadership are temporary crutches upon which the parolees depend in overcoming
their difficulties. Sometime or another the parolees will no longer depend on the services of the parole
officer. The parolees should be taught to gain insight into their problems and how to solve them. It is not
guidance and leadership if the parole officer himself does the solving of the problem for the parolee.

In guidance and leadership technique, the parole officer seeks to exert a direct personal influence
on the parolee. The advice of the parole officer may spell the difference between going straight and going
the wrong way by the parolee. The parolees' thinking can be properly guided by the parole officer so that
they may be able to solve their own problems under the same or similar situations.

Parole Advisor

The parole advisor is primarily and essentially a volunteer worker. He works as an unpaid parole
officer, a non-professional counselor, adviser, first friend, and sponsor to the parolee. When parole was
newly introduced, the parolee was required to report to a sponsor known as guardian who performed the
functions of advisor and parole officer. The untrained, unpaid volunteer workers of the Elmira days are now
relegated to perform the role of parole advisers.

The parole system of the U.S. Federal Government has adopted the parole advisor system. The
policy of the Federal Parole administration is that the parolee must have some citizens to serve voluntarily
as his parole advisor. This requirement has been abolished in several states and is now waived by the U.S.
Board of Parole when a satisfactory advisor is not available, in which case the probation officer is named
parole advisor in addition to his duties as supervising officer.

The parole advisor can be of great help to the parole service during the pre-release planning. The
advisor who may have known the prospective parolee intimately for some time can help in the preparation
of the parole program. The interest shown by the advisor on the would-be parolee can be exploited and
developed by the parole officer to a productive and helpful service throughout the ensuing parole period.

It is desirable that the field probation officer and the parole advisor should work as a team. In order
to obtain full cooperation of the advisor, the parole officer should show its appreciation for the assistance of
the parole advisor. The advisor can be of service more effectively in rural areas where the parole officer
cannot regularly visit. The parolee can always turn to his parole advisor for immediate help because the
parole officer is not available for immediate counsel and advice when pressing problems arise.
Furthermore, the parole officer may have to depend on the advisor for reliable information regarding the
parolee’ conduct, as well as his adjustment.

Parole Violators and Detainers

There are two types of parole violators: commission of a new crime and violation of a parole
condition. In the first type, conviction of a new crime by the parole will automatically cause recommitment of
the parolee. If the parole is convicted but appeals his case in the higher court, the parole officer will submit
a report of said conviction and appeal to the Board of Parole which will decide, after due investigation, on
recommitting the parolee or not. If it is violation of parole condition only, the Board of Parole shall conduct
an investigation, giving careful consideration on whether the act was willful, whether the safety of the public
is involved, and whether other disciplinary action than recommitment to prison might be sufficient.

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Parole Boards are authorized to issue warrants for the arrest of alleged parole violators or to issue
notices to appear to answer charges where arrest is not necessary. Parole officers are authorized to arrest
or cause the arrest without a warrant where immediate action is necessary against the violator or one who
is in danger of becoming a violator. The parole officer should submit a written report of the violation to the
parole board. Releases from the jail of alleged violators should be on order of the parole board only.

Ordinarily, a detainer or warrant against a prisoner does not disqualify him from parole. The
prisoner may be given parole subject to the action taken on the detainer.

Discharge from Parole

The duration of parole supervision does not extend beyond the expiration date of the parolee’s
sentence. Parole conditions and other aspects of parole supervision should be relaxed as the parolee no
longer requires the restriction on his behavior. At the expiration of the maximum sentence, the parole board
should issue a certificate of final discharge. The same certificate may be issued even before the expiration
of the maximum sentence should the board, after reviewing the case, is satisfied that parole has served its
purpose.

The certificate of discharge from parole has the effect of restoring all civil rights lost by operation of
law. This is not, however, true in the Philippines. It needs an executive clemency in the form of absolute
pardon to restore said rights.

THE ROLE OF COMMUNITY AND VOLUNTARY AGENCIES IN CORRECTIONAL WORK

Correctional programs are more and more recognized as the responsibility of the total community.
It is a well-known fact that a correctional program, no matter how well developed, cannot succeed without
the support of the general public. It is essential that probation, the institution, and parole should enlist the
cooperation of community agencies, voluntary societies, citizens groups and the community in general in
order to succeed in their mission of placing the offender back to society as a normal social being.

Correctional agencies are not adequately financed to render further services to the offender
outside of their organizational jurisdiction. This is where community and voluntary agencies come into the
picture.

Community Agencies – A community agency is usually a formal group or association organized

to promote social or individual welfare. Most community agencies are identified with social work. Others are
concerned with labor, education, ethnic groups and the like. These agencies may be financed from public,
private or mixed funds.

Some of the community agencies closely related to corrections are the following:

1. Social Service Exchange – Prisons, probation and parole agencies may conveniently avail of the
services of social service agencies by referring to them problems of inmate or parolee’s
dependents.

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2. Department Public Welfare – Correctional agencies can secure information on various possible
aids for prisoner’s parolees, or probationers’ dependents, including old age assistance and aid for
dependent children.
3. Family Service Agencies – Offenders who have family relationships problems may be referred to
family service agencies in order to preserve and restore harmonious family relationships and to
prevent conditions, which would disrupt family life.
4. Mental Hygiene and Mental Health Clinics – These clinics may provide psychiatric services to
prisoner’s families, parolees, probationers and their families.
5. Philippine Red Cross – The Red Cross provides home services, disaster relief, blood program,
eye program and other relief.
6. Anti-Tuberculosis Society – It provides limited patient services, chest x-ray program, education,
and referral services.
7. City and Provincial Health Departments and Hospitals – Correctional workers may avail or he
services of these medical facilities for prisoner’s families, probationer’s and parolees as well their
dependants.
8. Colleges and Universities – Colleges and universities are a potent agency for molding public
opinion through their courses in criminology and penology. They offer in-service training courses
for correctional workers. Prison, parole and probation offer a valuable research setting for
advanced students in sociology, psychology, criminology, social work and other behavioral and
social sciences.

Voluntary Agencies – Voluntary agencies have played an important and significant role in the
development of modern correctional concepts and practices. Voluntary prison societies or associations
have worked effectively and harmoniously with correctional agencies throughout the development of the
correctional system in the United States.

The main function of the early volunteer organizations in the correctional field was the investigation
and reform of noxious prison conditions. The Pennsylvania Prison Society, which was founded in 1707,
was mainly organized to “alleviate miseries of the public prisons.” The Prison Association of New York
founded in 1844 was definitely organized to extend relief to discharged prisoners.

The development of new techniques and new understanding of the needs of the offenders during
the last few years had changed and modified the functions of prisoners aid associations. In the last few
decades, as social casework methods have been developed and refined, emphasis on prisoner’s aid have
shifted to helping the individual prisoner gain insight into his difficulties and developing strength within
himself in order that he may become a law-abiding and useful citizen. As a result, the number of privately
operated prisoners aid societies has decreased. Among the few organizations that have remained active in
this type of work are the John Howard Societies in the Unite States, Canada, and come European
countries, and the Elizabeth fry societies in Canada. The International Aid Association, which is an affiliate
of the American Correctional Association, serves the important function of a coordinating agency and
provides services useful to existing and proposed agencies.

In the Philippines a few volunteer agencies that are working in prisons and jails are the religious
groups with religious motivators. A few years ago, civic-minded citizens interested to help the families of
prisoners as well as ex-prisoners launched Friendship Incorporated. This association gets its funds from
private donations and contributions. The Philippines Charity Sweepstakes allots one sweepstake draw a
year to supplement the funds of the association. Services so far rendered by this association have been

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limited to finding jobs for the few ex-prisoners, and providing limited financial aid to ex-prisoners getting
started in life.

Voluntary agencies rendering services in the correctional field are very effective as public
information media. Correctional agencies have very limited resources for disseminating to the public
whatever gains they have accomplished toward the improvement of correctional methods. Volunteer
agencies contribute in public information and information programs as well as help mobilize public opinion
toward improved correctional methods. Private aid agencies provide leadership and work with welfare and
social agency councils, universities, schools of social work and other professional societies. They conduct
public information programs through the assignment of speakers, preparation of radio and television
programs.

Sponsorship of various projects in cooperation with the jails and prisons. Some of the services that
prisoners’ aid societies render are the following:

1. Free legal services – Defendants who cannot afford to hire a lawyer may be given free legal
services through prisoner’s aid societies.
2. Casework treatment services may be rendered in the form of unemployment service. Vocational
counseling, temporary lodging, meals, and purchase of tools.
3. Visitation service – Some agencies visits jails and prisons to discuss personal problems with
prisoners desiring their help, referring suitable cases to the legal aid society for free legal
assistance, and working in close cooperation with the institutional authorities.
4. Pre-release preparations – Some agencies have developed and offered pre-release information
programs for prisoners about to leave prison.
5. Voluntary prisoner’s aid societies serve valuable functions in the development of community
understanding of the needs of the prisoner and ex-prisoner.
6. Legislation – Private voluntary agencies have been instrumental in stimulating and in the passage
of legislations to establish more adequate correctional institutions and facilities.
7. Correctional agency referrals – Individual counseling and casework services are made available
to the prisoner and his family from time to arrest to the time of release from legal control.
Correctional programs are more recognized as the responsibility of the total community. The
prisoners’ aid agency provides a workable and convenient channel for inter-agency
communications and referrals.

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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.

 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.

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 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 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.

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 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 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:
 Persons detained or sentenced for violation of municipal or city ordinances.
 Persons detained pending trial before justices of peace or before municipal courts.

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 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 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.

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 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.

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.

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 Sec. 3. Meaning of Terms. — As used in this Decree, the following shall, unless the context
otherwise requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a probation
officer
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a referral for probation or
supervises a probationer or both.

 Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the court may, after it shall
have convicted and sentenced a defendant and upon application at any time of said defendant,
suspend the execution of said sentence and place the defendant on probation for such period and
upon such terms and conditions as it may deem best. Probation may be granted whether the
sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed
with the trial court, with notice to the appellate court if an appeal has been taken from the sentence
of conviction. The filing of the application shall be deemed a 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

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 there is undue risk that during the period of probation the offender will commit another
crime; or.
 probation will depreciate the seriousness of the offense committed.

 Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
 sentenced to serve a maximum term of imprisonment of more than six years;
 convicted of any offense against the security of the State;
 who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;
 who have been once on probation under the provisions of this Decree; and
 who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.

 Sec. 10. Conditions of Probation. — Every probation order issued by the court shall contain
conditions requiring that the probationer shall:
 present himself to the probation officer designated to undertake his supervision at such
place as may be specified in the order within seventy-two hours from receipt of said order;.
 report to the probation officer at least once a month at such time and place as specified by
said officer.
 The court may also require the probationer to:
 cooperate with a program of supervision;
 meet his family responsibilities;
 devote himself to a specific employment and not to change said employment without the
prior written approval of the probation officer;
 undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for that purpose;.
 pursue a prescribed secular study or vocational training;
 attend or reside in a facility established for instruction, recreation or residence of persons
on probation;
 refrain from visiting houses of ill-repute;
 abstain from drinking intoxicating beverages to excess;
 permit the probation officer or an authorized social worker to visit his home and place of
work;
 reside at premises approved by it and not to change his residence without its prior written
approval; or
 satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.

 Sec. 11. Effectivity of Probation Order. — A probation order shall take effect upon its issuance, at
which time the court shall inform the offender of the consequences thereof and explain that upon
his failure to comply with any of the conditions prescribed in the said order or his commission of
another offense, he shall serve the penalty imposed for the offense under which he was placed on
probation.

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 Sec. 12. Modification of Condition of Probation. — During the period of probation, the court may,
upon application of either the probationer or the probation officer, revise or modify the conditions or
period of probation. The court shall notify either the probationer or the probation officer of the filing
of such an application so as to give both parties an opportunity to be heard thereon. The court shall
inform in writing the probation officer and the probationer of any change in the period or conditions
of probation.

 Sec. 13. Controls and Supervision of Probationer. — The probationer and his probation program
shall be under the control of the court that placed him on probation subject to actual supervision
and visitation by a probation officer. Whenever a probationer is permitted to reside in a place under
the jurisdiction of another court, control over him shall be transferred to the Executive Judge of the
Court of First Instance of that place, and in such a case, a copy of the probation order, the
investigation report and other pertinent records shall be furnished said Executive Judge.
Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred shall have
the power with respect to him that was previously possessed by the court, which granted the
probation.

 Sec. 14. Period of Probation.

 The period of probation of a defendant sentenced to a term of imprisonment of not more
than one year shall not exceed two years, and in all other cases, said period shall not
exceed six years.
 When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be
more than twice the total number of days of subsidiary imprisonment as computed at the
rate established, in Article thirty-nine of the Revised Penal Code, as amended.

 Sec. 15. Arrest of Probationer; Subsequent Disposition. — At any time during probation, the court
may issue a warrant for the arrest of a probationer for violation of any of the conditions of
probation. The probationer, once arrested and detained, shall immediately be brought before the
court for a hearing, which may be informal and summary, of the violation charged. The defendant
may be admitted to bail pending such hearing. In such a case, the provisions regarding release on
bail of persons charged with a crime shall be applicable to probationers arrested under this
provision. If the violation is established, the court may revoke or continue his probation and modify
the conditions thereof. If revoked, the court shall order the probationer to serve the sentence
originally imposed. An order revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable.

 Sec. 16. Termination of Probation. — After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated. The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspend as a result of his conviction and to fully discharge his
liability for any fine imposed as to the offense for which probation was granted. The probationer
and the probation officer shall each be furnished with a copy of such order.

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 Sec. 17. Confidentiality of Records. — The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation Administration or the court concerned, except that the
court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned
documents or parts thereof whenever the best interest of the probationer makes such disclosure
desirable or helpful: Provided, Further, That, any government office or agency engaged in the
correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration.

 Sec. 18. The Probation Administration. — There is hereby created under the Department of
Justice an agency to be known as the Probation Administration herein referred to as the
Administration, which shall exercise general supervision over all probationers. The Administration
shall have such staff, operating units and personnel as may be necessary for the proper execution
of its functions.

 Sec. 19. Probation Administration. — The Administration shall be headed by the Probation
Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President
of the Philippines. He shall hold office during good behavior and shall not be removed except for
cause. The Administrator shall receive an annual salary of at least forty thousand pesos. His
powers and duties shall be to:
 act as the executive officer of the Administration;
 exercise supervision and control over all probation officers;
 make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;
 promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative
to the methods and procedures of the probation process;
 recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and
 generally, perform such duties and exercise such powers as may be necessary or
incidental to achieve the objectives of this Decree.

 Sec. 20. Assistant Probation Administrator. — There shall be an Assistant Probation Administrator
who shall assist the Administrator performs such duties as may be assigned to him by the latter
and as may be provided by law. In the absence of the Administrator, he shall act as head of the
Administration. He shall be appointed by the President of the Philippines and shall receive an
annual salary of at least thirty-six thousand pesos.

 Sec. 21. Qualifications of the Administrator and Assistant Probation Administrator. — To be

eligible for Appointment as Administrator or Assistant Probation Administrator, a person must be at
least thirty-five years of age, holder of a master's degree or its equivalent in either criminology,
social work, corrections, penology, psychology, sociology, public administration, law, police
science, police administration, or related fields, and should have at least five years of supervisory
experience, or be a member of the Philippine Bar with at least seven years of supervisory
experience.

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 Sec. 22. Regional Offices; Regional Probation Officer. — The Administration shall have regional
offices organized in accordance with the field service area patterns established under the
Integrated Reorganization Plan. Such regional offices shall be headed by a Regional Probation
Officer who shall be appointed by President of the Philippines in accordance with the Integrated
Reorganization Plan and upon the recommendation of the Secretary of Justice. The Regional
Probation Officer shall exercise supervision and control over all probation officers within his
jurisdiction and such duties as may be assigned to him by the Administrator. He shall have an
annual salary of at least twenty-four thousand pesos. He shall, whenever necessary, be assisted
by an Assistant Regional Probation Officer who shall also be appointed by the President of the
Philippines, upon recommendation of the Secretary of Justice, with an annual salary of at least
twenty thousand pesos.

 Sec. 23. Provincial and City Probation Officers. — There shall be at least one probation officer in
each province and city who shall be appointed by the Secretary of Justice upon recommendation of
the Administrator and in accordance with civil service law and rules. The Provincial or City
Probation Officer shall receive an annual salary of at least eighteen thousand four hundred pesos.
His duties shall be to:
 investigate all persons referred to him for investigation by the proper court or the
Administrator;
 instruct all probationers under his supervision or that of the probation aide on the terms
and conditions of their probations;
 keep himself informed of the conduct and condition of probationers under his charge and
use all suitable methods to bring about an improvement in their conduct and conditions;
 maintain a detailed record of his work and submit such written reports as may be required
by the Administration or the court having jurisdiction over the probationer under his
supervision;
 prepare a list of qualified residents of the province or city where he is assigned who are
willing to act as probation aides;
 supervise the training of probation aides and oversee the latter's supervision of
probationers;
 exercise supervision and control over all field assistants, probation aides and other
personnel; and
 perform such duties as may be assigned by the court or the Administration.

 Sec. 24. Miscellaneous Powers of Provincial and City Probation Officers. — Provincial or City
Probation Officers shall have the authority within their territorial jurisdiction to administer oaths and
acknowledgments and to take depositions in connection with their duties and functions under this
Decree. They shall also have, with respect to probationers under their care, the powers of a police
officer.

 Sec. 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers. —
No person shall be appointed Regional or Assistant Regional or Provincial or City Probation Officer
unless he possesses at least a bachelor's degree with a major in social work, sociology,
psychology, criminology, penology, corrections, police science, police administration, or related
fields and has at least three years of experience in work requiring any of the abovementioned
disciplines, or is a member of the Philippine Bar with at least three years of supervisory experience.

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Whenever practicable, the Provincial or City Probation Officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.

 Sec. 26. Organization. — Within twelve months from the approval of this Decree, the Secretary of
Justice shall organize the administrative structure of the Administration and the other agencies
created herein. During said period, he shall also determine the staffing patterns of the regional,
provincial and city probation offices with the end in view of achieving maximum efficiency and
economy in the operations of the probation system.
 Sec. 27. Field Assistants, Subordinate Personnel. — Provincial or City Probation Officers shall be
assisted by such field assistants and subordinate personnel as may be necessary to enable them
to carry out their duties effectively.

 Sec. 28. Probation Aides. — To assist the Provincial or City Probation Officers in the supervision
of probationers, the Probation Administrator may appoint citizens of good repute and probity to act
as probation aides. Probation Aides shall not receive any regular compensation for services except
for reasonable travel allowance. They shall hold office for such period as may be determined by the
Probation Administrator. Their qualifications and maximum caseloads shall be provided in the rules
promulgated pursuant to this Decree.

 Sec. 29. Violation of Confidential Nature of Probation Records. — The penalty of imprisonment
ranging from six months and one day to six years and a fine ranging from six hundred to six
thousand pesos shall be imposed upon any person who violates Section 17 hereof.

Philippine Correctional Philosophies and their Legal Basis

The Philippine Constitution of 1997

1. The state values the dignity of every human person and guarantees full respect for human
rights. (Sec 11, Art. II)

2. No person shall be detained solely by reason of his political beliefs and aspirations. (Sec 18
(1), Art. III)

3. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been fully convicted. (Sec. 18 (2), Ibid.)

4. 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.)

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Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)

1. The purpose of committing a prisoner to prison is two-fold: To segregate from society a person
who by his acts has proven himself a danger to the free community, To strive at the correction or
rehabilitation of the prisoner with the hope that upon his return to society he shall be able to lead a normal
well adjusted and self supporting life as a good and law abiding citizen.

2. There is no man who is all bad and there is something good in all men. (Art. I)

The Revised Penal Code

“No felony shall be punishable by any penalty not prescribed by law prior to its commission”. (Art.
21, RPC)

Delay in the Delivery of Detained Persons to the Proper Judicial Authorities.

(Art 125, RPC), A felony committed by a public officer or employee who shall detain any person for
some legal ground and shall fail to deliver such person to the proper judicial authorities with in the period of:

12 hours – for crimes or offenses punishable by light penalties,

18 hours – for crimes or offenses punishable by correctional penalties,
36 hours – for crimes or offenses punishable by afflictive or capital penalties.

The crime of Arbitrary Detention is committed when the detention of a person is without legal
ground.

The legal ground of detention are : a) commission of a crime and b) violent insanity or other ailment
requiring compulsory requirement.

Delaying Release

This is committed by a public officer or employee who delays for the period of time specified in Art
125, the performance of any judicial or executive order for the release of a prisoner or unduly delays the
services of the notice of such order to said prisoner.

Delivery of Prisoners from Jail (Art. 156, RPC)

Elements:

a) The offender is a private individual,

b) He removes a person confined in jail or a penal institution or helps in the escape of such person,
c) The means employed are violence, intimidation, bribery or any other means.

The prisoner maybe a detention or sentenced prisoner and the offender is an outsider to the jail. If
the offender is a public officer or a private person who has the custody of the prisoner and who helps a
prisoner under his custody to escape, the felony is Conniving with or Consenting to Evasion (Art. 223) and
Escape of a Prisoner under the custody of a person not a public officer (Art. 225) respectively.

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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)

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

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Infidelity of Public Officers

1. Infidelity in the Custody of Prisoners Through Connivance (Art.223, RPC) - A felony committed
by any public officer who shall consent to the escape of a prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through Negligence (Art. 224, RPC) - A felony committed
by a public officer when the prisoner under his custody or charge escaped through negligence
on his part.
3. Escape of a Prisoner under the Custody of a Person not a Public Officer. (Art 225, RPC)

Other Offenses or Irregularities by Public Officers

1. Maltreatment of Prisoner (Art. 235, RPC)

Elements:

a) Offender is a public officer or employee

b) He overdoes himself in the correction or handling of such prisoner by imposition of
punishment not authorized by regulation or by inflicting such punishment in a cruel and
humiliating manner.

The felony of Physical Injuries if committed if the accused does not have the charge of a detained
prisoner and he maltreats him. And if the purpose is to extort a confession, Grave Coercion will be
committed.

Good Conduct Time Allowance (GCTA)

Good conduct time allowance is a privilege granted to a prisoner that shall entitle him to a
deduction of his term of imprisonment. Under Art.97, RPC, the good conduct of any prisoner in any penal
institution shall entitle him to the following deduction from the period of his sentence:

1. During the first two years of his imprisonment, he shall be allowed a deduction of 5 days for
each month of good behavior.
2. During the third to the fifth years of his imprisonment, he shall be allowed a deduction of 8 days
each month of good behavior.
3. During the following years until the tenth years of his imprisonment, he shall be allowed a
deduction of 10 days each month of good behavior.
4. During the eleventh and the successive years of his imprisonment, he shall be allowed a
deduction of 15 days each month of good behavior.

APPROACHES IN CORRECTION ADMINISTRATION

Any of the approaches or models of prison management that will be presented under this part
serves as an additional information on the need to manage those who are considered outcast of society,
the prisoners.

Just as justifications for the criminal sanction have influenced sentencing decisions, correctional
models have been developed to describe the purposes and approaches to be used in handling prisoners.

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Although models may provide a set of rationally linked criteria and aims, the extent to which a given model
is implemented is a matter for empirical investigation.

Researchers have revealed a variety of prison management styles. Dr. George Beto for example
adopted a Control Model of prison management, which emphasizes prisoner obedience, work and
education (Sahara, 1988). Others have exemplified the Responsibility Model of prison management that
stresses prisoners responsibility for their own actions, not administrative control to assure prescribed
behavior. Proper classification of inmates, according to this model, permits placing prisoners in the least
restrictive prison consistent with security, safety, and humane confinement. Prisoners should be given a
significant degree of freedom and then held to account for their actions (Sahara,1988).

Other models of prison management have been prominent in the last four decades. One is the
Custodial Model, based on the assumption that prisoners have been incarcerated for the protection of
society and for the purpose of incapacitation, deterrence and retribution. It emphasizes maintenance and
security and order through the subordination of the prisoner to the authority of the warden. Discipline is
strictly applied and most aspect of behavior is regulated.

With the onset of the treatment orientation in corrections during the 1950’s, the Rehabilitation
Model of institutional organization and prison management were developed. In prisons of this sort, security
and 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,

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together lead an enclosed, formally administered round of life”. A total institution is one that completely
encapsulates the lives of the people who work and live there. A prison must be such an institution in the
sense that whatever prisoners do or do not do begins and ends there; every minute behind bars must be
lived in accordance with the rules as enforced by the staff. Adding to the totality of the prison is a basic split
between the large group of inmates. Those who have very limited contact with the outside world and the
small group of staff members who supervise the inmates and yet are socially integrated with the outside
world they live (Clear and Cole, 1986). This concept of inmate treatment probably an influence of the broad
goals of incarceration. When we look at a prison, it is natural to believe that retribution, incapacitation and
deterrence are the goals being advanced, but one also know that the most sought after goal is the
rehabilitation of offender.

In the late 18th Century, America employed penitentiary as a means of protecting prisoners from
moral contamination and restoring them to habits of correct living (Johnson, 1987). This is considered as
the birth of a modern prison for purposes of the prisoner’s reformation by protecting health and improving
character. In the context of corporal punishment, it seemed primitive and barbaric but these punishments
were the vestiges of the Old World (Johnson, 1987). In the New World, by contrast, it was self-evident that
a criminal was not a preordained sinner. His fate was not sealed by the Almighty. He was instead a product
of the society. While a prisoner/sinner deserved punishment for his crimes, he also deserved to be
reclaimed by and for the society (Johnson, 1987). The penitentiary, the first prison systematically designed
to harness pain in service of the reformation of men, thus embodied a glorious reform dream, providing a
new prison for a New World (Clear and Cole, 1986). It is further essential to note that the reformers or
legislators who supported the penitentiary did so with one firm criterion and that, the punishment is humane
and not replicate the brutal punishment of the past (Clear and Cole, 1986). The penitentiary model of
reformation applies two systems namely, the separate and the congregate. The separate system used
solitary confinement and manual labor in which the prisoners were kept separate from one another as well
as from the outside world. The congregate system is one in which the prisoners slept in solitary cells,
worked together but complete silence is observed. They are united but no moral connection exists among
them. They see without knowing each other. They are in a society without mental intercourse because
there was no communication and hence no interaction (Clear and Cole, 1986).

The penitentiary was in practice, a custodial institution. It demanded absolute obedience from
criminals who have never learned to respect limits, follow rules, or put in an honest day’s work and who,
moreover, were the filthy elements of the society.

Despite the theoretical emphasis on reform and the widespread use of the terminology of
rehabilitation, the actual experience of imprisonment for most persons who are imprisoned in this century
has been simply punitive. From the mid-60s to the present, a new prison type has emerged which is
defined by the climate of violence and predation on the part of the prisoners. Known simply as the “violent
prison”, it has been aptly described as a “human warehouse with a junglelike underground” (Johnson,
1987).

In the management of prisons, one recognizes that the pain suffered by the prisoners can create
more prison management problems rather than solve them. When prisoners feel pain, prisons become hard
to operate. According to Johnson (1987), in principle, it is possible to escalate pain and break the will of the
prisoners and to resort into outright brutality and to run the prison on raw fear. He also stated that prisons
are meant to push and deter two goals that require pain and discomfort even to the extent that conditions in
jail are restrictive and even harsh. They are part of the penalty that the criminal offender must pay for his

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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 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.

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

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

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

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

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

Another disturbing fact uncovered by Greenfeld was that 46 percent of the returning offenders
would still have been in prison had they been forced to serve the entire term of the sentence given them at
their previous trial. Many offenders had long criminal records before they committed the offense that gained
them their current sentence. He revealed that most inmates had prior criminal records. He also said that
current correctional policy is not sufficient to deter offenders for repeating their law-violating behavior (Clear
and Cole, 1986).

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

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