6.81k likes | 19.27k Views
CORRECTIONAL ADMINISTRATION ( Institutional and Community Based Corrections). DEFINITION OF TERMS PENOLOGY – study of punishment of crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders.
E N D
CORRECTIONAL ADMINISTRATION(Institutional and Community Based Corrections)
DEFINITION OF TERMS PENOLOGY – study of punishment of crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders. - The term derived from the Latin word “poena” which means pain or suffering. Penology is otherwise known as Penal Science. PENAL MANAGEMENT – refers to the manner or practice of managing or controlling places of confinement as jails or prisons.
CORRECTION – a branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders. CORRECTIONAL ADMINISTRATION – the study and practice of a system management of jails or prisons and other institution concerned with the custody, treatment and rehabilitation of criminal offenders.
HISTORICAL PERSPECTIVE ON CORRECTIONS 13TH Century – Securing Sanctuary In the 13th century a criminal could avoid punishment by claiming refugee in a church for a period of 40 days, at the end of which time he is compelled to leave the realm by a road or path assigned to him.
16th Century – Transportation of criminals in England was authorized. At the end of the 16th century Russia and other European countries followed this system. It partially relieved overcrowding of prisons. Transportation was abandon in 1826. 17th Century to late 18th Century – Death penalty became prevalent as a form of punishment.
GALLEYS - long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. - a type of ship used for transportation of criminals in the 16th century HULKS - decrepit transport, former warships used to house prisoners in the 18th and 19th century. - abandoned warships converted into prisons, also called “floating hells”.
PRIMARY SCHOOLS OF PENOLOGY • Classical School – the doctrine of psychological hedonism or freewill. • Neo-Classical School – children and lunatics must be free from punishment. • Positivist/Italian School – denied individual responsibility and reflected on positive reactions to crime and criminality.
EARLY CODES • Code of Hammurabi (1760 B.C.) – oldest code prescribing savage punishment. • Justinian Code – written by Emperor Justinian of Rome in 6th C.A.D. • The Twelve Tables (XII Tabulae) – represented the earliest codification of Roman law incorporated into the Justinian Code.
4. Code of Draco – a harsh code that provides the same punishment for both citizens and the slaves 5. Burgundian Code – specified punishment according to the social class of offenders. 6. Code of Kalantiao – promulgated in 1433 by Datu Kalantiao 7. Maragtas Code – by Datu Sumakwel
EARLY PRISONS • Mamertine Prison – early Roman place of confinement which is built under the main sewer of Rome in 64 B.C. • Bridewell Workhouse – built in 1557 in London for the employment and housing of English prisoners. • Wallnut Street Jail – first American Penitentiary
THE AGE OF ENLIGHTENMENT - 18th century is a century of change, the period of recognizing human dignity. PIONEERS: • William Penn (1614-1718) - first leader to prescribe imprisonment as correctional treatment for major offenders. - responsible for the abolition of death penalty and torture as a form of punishment
2. Charles Montesquieu (1689-1755) - a French historian and philosopher who analyzed law as an expression of justice. 3. Voltaire (1694-1778) - he believes that fear of shame was a deterrent to crime. 4. Cesare Bonesana Marchese de Beccaria (1737-1794) - presented the humanistic goal of law.
5. Jeremy Bentham (1746-1832) - the greatest leader in the reform of English Criminal Law. He believes that whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime, the crime rate would go down. - the one who devise the ultimate PANOPTICAL PRISON
6. John Howard (1726-1790) - Sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison reform.
PUNISHMENT - it is the redress that the state takes against an offending member of society that usually involve pain and suffering. ANCIENT FORMS: • Death Penalty • Physical Torture • Social Degradation 4. Banishment or Exile 5. Transportation and Slavery
CONTEMPORARY FORMS OF PUNISHMENT • Imprisonment • Parole • Probation • Fine • Destierro
JUSTIFICATIONS OF PUNISHMENT • Retribution • Expiation or Atonement • Deterrence • Incapacitation and Protection • Reformation or rehabilitation of behavior
TWO RIVAL PRISON SYSTEM • The Auburn Prison System - “Congregate System” where prisoners are confined in their own cells during the night and congregate work in shops during the day.
B. The Pennsylvania Prison System - “Solitary System” where prisoners are confined in single cells day and night > In both prison system, complete silence was being enforced.
PENALTY - defined as the suffering inflicted by the state against an offending member for the transgression of law.
Judicial Conditions of Penalty • Productive of Suffering • Commensurate with the offense • Personal • Legal • Equal • Certain • Correctional
The Philippine Correctional has two (2) Systems Based Approach, namely: Institution Based and Community Based Approach
Both systems are being implemented on a fragmentary basis by three (3) Departments of the Executive Branch of the government. These are: Dept. Of Justice, Dept. of Interior & Local Govt. , Dept. of Social Welfare & Development
(1) Department of Justice (DOJ) takes care of the National Prisoners. The National Prison and Penal Farms which is being supervised and administered by the Bureau of Corrections (BUCOR) This is headed by a civilian Director. Tasked to rehabilitate national prisoners so they can become useful members of society upon completion of their sentence
These are the prisoners whose penalty ranges from 3 YRS AND 1 DAY to LIFE IMPRISONEMENT and those convicted with the DEATH penaltyor a fine of more than five thousand pesos, or regardless of the length of sentence, to one sentenced for violation of custom law or other laws under the jurisdiction of the Bureau of Customs or for violation of immigration and election laws, or to one sentenced to serve two or more sentence the total of which exceeds three years. NATIONAL PRISONERS are also referred to under the law as Insular Prisoners.
(2) The Department of the Interior and Local Government (DILG) takes care of the municipal, city and district Jails. The Provincial Jails and sub-provincial jails are operated by the Provincial Local government Units under the supervision and management by their respective governors in each province and whose penalty ranges from SIX (6) MONTHS and ONE DAY UP TO THREE(3) YEARS;
the local jails namely, the Municipal jails, City jails and District jails are under the supervision and administration of the Bureau of Jail Management andPenology (BJMP)and whose penalty ranges fromONE (1) DAY to SIX (6)MONTHS for Municipal Jail inmates, and forCity Jail inmates whose penalty ranges from ONE (1) DAY TO THREE (3)YEARS.The district jail may be created thereat if the monthly jail population is less than ten (10) inmates
What is a district Jail? DISTRICT Jail is a consolidation of all inmates in two or four municipal jails whose inmate population is less than 10 monthly provided it will be located near the Metropolitan Trial Court or Regional Trial Court .The purpose is to maximize the manpower and other logistical requirements.
(3) The Department of Social Welfare and Development (DSWD) takes care of the sentenced Youth offenders. which are located in the ten (10) Regional Youth Rehabilitation Centers nationwide.
There are ten (10) rehabilitation centers for youth offenders, nine of which are for boys while only one is for girls. Of the nine centers for boys one is the National Training School for Boys which also happens to be the largest RRCY. This is located in Sampaloc, Tanay, Rizal and it caters to youth offenders coming Regions IV, V and NCR. The only RRCY for girls is also the National Training School for Girls located at Marillac Hills, Alabang, Metro Manila. • The eight other RRCYs are located in BarangayUrayong, Bauang, La Union for those coming from Region I, II and the Cordilleras; Barangay Ayala, Magalang, Pampanga for Region III; Nueva Valencia in the island province of Guimaras for Region VI; BarangayCandabong, Argao, Cebu for Region VII; BarangaySto Nino, Leyte for Region VIII; BarangayAnastacioPolanco, Dipolog, Zamboanga del Norte for Region IX; Gingoog City for Region X; and BarangayBagoOshiro, Davao City for Region XI. Youth offenders from Caraga Region are sent either to Dipolog, Gingoog or Davao depending on which is most accessible.
RA 9344- Juvenile Justice and Welfare Act of 2006 Under the law, children 15 years old and below would be exempted from criminal liability while youth offenders ages 15 to 18 years old could only be criminally charged if they committed the crime with discernment.
It also provides the immediate turnover of children in conflict with the law to social workers upon apprehension. If detention is necessary, the youth offenders would be transferred to youth detention homes set up by the local governments and non-government organizations. The law also created the Juvenile Justice and Welfare Council under the Department of Justice that would oversee its implementation and advise the President regarding the protection of youth offenders.
The first penal institution in the country was established even before the effectivity of the Spanish Penal Code and while the Recompilation laws were still the existing laws of the islands. This prison facility is the Bilibid Prison which was constructed in 1847.in Azcarraga, Manila.. it was only recognized and formally designated as anInsular Penitentiary through Royal Decree issuedin 1865. The physical layout was constructed in conformity with the dominant concept of criminology existing in Europe
Twenty-two (22) years after the establishment of theBilibid Insular Penitentiary, the San Ramon Prison and Penal Farms was established 1869in the Southern tip of Zamboanga. The Zamboanga Peninsula was also a banishment site for political non-conformists coming from Luzon and the Visayas. This is one of the reasons why our own national hero , Dr. Jose P. Rizal who fought for reforms, which the island colonial authorities found objectionable and subversive to their tastes, was exiled in Dapitan.
San Ramon Prison and Penal Farms was named in memory of its founder, Ramon Blanco, a Spanish Captain in the Royal Army It was closed during the Spanish-American War of 1898 but reopened in 1904 after the victorious American grabbed possession of the Philippines from Spain and the Americans have established control over this colony. The land area is 1,524.6 hectares The principal product is copra, which is the biggest sources of income of the Bureau of Prisons.
In 1904, another penal colony was established in Iwahig, Palawan on the order of Governor Forbes, then the incumbent Secretary of Commerce and Police. The establishment of this penal facility was made on the suggestion of Governor Luke E. Wright., who felt the need for an institution designed for incorrigible offenders. An American construction foreman left Bilibid on November 16,1904 with 16 prisoners and sailed to Palawan to start building the colony thereat
However, this contingent turned against their custodian, hogtied their Superintendent and the short lived revolt was quelled with the timely arrival of Philippine Scout reinforcement from Puerto Princesa., the provincial capital.
In November 1, 1905, Reorganization act 1407 was passed into law mandating the Philippine Commission to create the Bureau of Prisons under the department of Commerce and Police. Later, jurisdiction was assigned to the Dept. of Instruction., the predecessor of the Dept. of Education. Finally to the Dept. of Justice.
The Iwahig Penal Colony, as a destination for maximum security incorrigible prisoners. Instead, convicts who were well behaved and pliable were assigned to this facility. The reason to convert the 38,611 hectares of fertile lands into production areas for revenue and as a means to prisoner rehabilitations
Today, this Penal institution is considered as one of the most open penal institution in the world. It was from this facility that the term “Prison without Wall” had its beginning. Iwahig was divided into four (4) sub-colonies for a more practical consideration of easier administration and mangement. These sub-colonies are 1. Santa Lucia, 2. Inagawan, 3. Montible, 4. Central.
Each sub-colony operates as an autonomous institution under the management of a Penal supervisor. The colony allocated 1,000 hectares, which was distributed to release inmates who no longer had any desire to return to their original homes and who instead want to settle for good in Palawan. This is the Tagumpay Settlement. The prisoners were awarded six (6) hectares farm lots as homestead.
On November 27,1929, Republic Act 3579 was passed into law establishing the Correctional Institution for Women. This Penal institution was constructed on an 18-hectare piece of land, in Mandaluyong. Before the construction of this women institution Prisoners were confined in portion of the Bilibid Prison. In 1934, the position of Female superintendent was created to superintendent the operation of this penal facility. Today, the institute is run entirely by female personnel with the exception of the perimeter guards who are male.
New Bilibid Prison was constructed in 1936 in Muntinlupa in a 552 hectares of land and in 1941 the actual transfer of Muntinlupa facility was established. This site was previously acquired by the city to become the site for the Boys Training School. The Bilibid Prison in Manila was renamed Old Bilibid Prison to avoid confusion and presently known as Manila City Jail. This was constructed by virtue of Proclamation 414 in 1931 as an enabling Order to Commonwealth Act No. 3732. these official edicts were also the official basis for the opening of the Davao Penal Colony.
The New Bilibid Prison houses maximum security convicts including the death row, the electric chair chamber when it was still in use and now the lethal Injection chamber. It is considered as one of the biggest prisons in the world in terms of the number of prisoners population. The central office of the Bureau of Corrections are also housed here.
Outside the compound and within the reservation, three (3) other Satellite Prisons are situated. These are the minimum security camp called Camp Bukang Liwayway, the name implying the coming release of prisoners destined here.Miminum Security inmates are those with severe physical handicap as certified by the chief prison medical officer, 65 years old and above and not on appeal or without pending case; those who served at least ½ of their minimum sentence or 1/3 of their maximum sentence excluding Good Conduct Time Allowance and those with only 6 months to serve before expiration of maximum sentence.
The second is Camp Sampaguita, which houses medium security prisoners. Medium Security inmates are those with less than 20 years sentence, remand inmates or detainees below 20 years sentence, 18 years old and below regardless of case or sentence, those who have 2 or more escape records but have served 8 years since recommitment, those with one record of escaped but have served five (5) years as maximum security and upon recommendation of the superintendent
The Director of Corrections may grant GTCA to an inmate for good behavior with no record or disciplinary infraction or violation of prison rules and regulations. GCTA is the statutory reduction of a prisoner’s sentence for good behavior during confinement under Article 97 of the Revised Penal Code. This is automatically applied to all prisoners as long as he does not commit violations of prisons rules and regulations. GCTA is a kind of right that can only be denied if the prisoner breaks the rules and only after due process is observed