Criminology Review PH

Correctional Administraion Notes 📝

Historical Perspective of Corrections:

13th Century – Securing Sanctuary

- In the 13th century, a criminal could avoid punishment by claiming refuge in a church for a period of 40
days.

16th Century – Transportation of criminals in England was authorized. At the end of this century, Russia
and other European Countries followed this system. This practice was abandoned in 1835.

Gaols - (jails) – the description given to pretrial detention facilities operated by English sheriff in England
during the 18th century.

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 – these are former warships used to house prisoners in the 18th and 19th century.

- These were abandoned warships converted into prisons as means of relieving congestion of prisons.
They were called as the floating hells.

Ordeal – is the church’s substitute for a trial until the 13th century wherein guilt or innocence was
determined by the ability of the accused of being unscathed through dangerous and painful test.

Charlemagne (Carolus Magnus)– gave

bishops the power to act as real judges which enabled bishop tribunal to rule on secular matters.

- King of Franks and Roman

Emperor.

EARLY CODES:

1. Babylonian and Sumerian CodesCode of King Hammurabi

(Hammurabic Code) – Babylon, credited as the oldest code prescribing savage punishment. But in fact,
Sumerian codes were nearly 100 years older.

2. Roman and Greek Codes

a. Justinian Code – 6th century AD, Emperor Justinian of Rome wrote his code of law. An effort to match
a desirable amount of punishment to all possible crimes. However, the

law did not survive due to the fall of the Roman Empire but left a foundation of Western Legal codes.

The Twelve Tables (451-450 BC) –represented the earliest codification of Roman law incorporated into
the Justinian code.

b. Greek Code of Draco – Greece, a

harsh code that provides the same punishment for both citizens and the slaves as it incorporates
primitive concepts.

- The Greeks were the first to allow any citizen to prosecute the offender in the name of the

injured party.

3. The Burgundian Code (500 AD) –it specified punishment according to the social class of

offenders, dividing them into: Nobles, Middle class and Lower class and specifying the value of the life of
each person according to social status.

EARLY PRISONS

• Mamertine Prison – the only early Roman place of monfinement which is built under the main sewer
of Rome in 64 B.C.

Bridewell (1557) – the most popular workhouse in London which was built for the employment and
housing of English prisoners.

- used for locking up vagrants,beggars, prostitutes and other misfits

Saint Bridget’s Well – England’s first

house of correction.

Walnut Street Jail – originally constructed as a detention jail in Philadelphia. It was converted into a
state prison and became the first

American Penitentiary.

Hospicio de San Michelle –the first home for delinquent boys ever established. Built by Pope Clement XI
in Rome for housing incorrigible

youths under 20 years of age.

The Pioneers:

1. William Penn (1614-1716)

He is the first leader to prescribe imprisonment as correctional treatment for major offenders.

He is also responsible for the abolition of death penalty and torture as a form of punishment.He fought
for religious freedom and individual rights

2. Charles Montesquieu

(Charles Louis Secondat, Baron de la Brede et de Montesiquieu – 1689 –1755)

A French historian and philosopher who analyzed law as an expression of justice. He believed that harsh
punishment would undermine morality and that appealing to moral sentiments as a better means of
preventing crime.

3. VOLTAIRE
(Francois Marie Arouet, 1694-1778)

• He believes that fear of shame was a

deterrent to crime. He fought the legality-sanctioned practice of torture.

4. Cesare Beccaria (Cesare Bonesa,

Marchese de Beccaria, 1738-1794)

- He wrote an essay entitled “ An Essay on Crimes and Punishment”. This book became famous as the
theoretical basis for the great reforms in the field of criminal law. This book also provided a starting
point for the classical school of criminal law and criminology.

5. Jeremy Bentham – (1748-1832)

• 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.

• He devise the ultimate PANOPTICON

PRISON– a prison that consists of a large circular building containing multi cells around the periphery but
it was never built.

6. John Howard (1726-1790) – the “Great

Prison Reformer”

• The sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform. After his
findings on English Prisons, he recommended the following:

• single cells for sleeping

• segregation of women

• segregation of youth

• provision of sanitation facilities

• abolition of the fee system by which jailers obtained money from prisoner

7. Alexander Macanochie – He is the Superintendent of the penal colony at Norfolk Island in Australia
(1840) who introduced the Mark System. A progressive humane system in which a prisoner is required
to earn a number

of marks based on proper department, labor and study in order to entitle him for ticket for leave or
conditional release which is similar to parole.

*Macanochie’s Mark System cosnsist of 5 stages:

1. Strict custody upon admission to the penal colony

2. Work on government gangs

3. Limited freedom on the island within

a prescribed area

4. Ticket of leave

5. Full restoration of liberty

8. Manuel Montesimos – The Director of Prisons in Valencia Spain (1835) who divided the number of
prisoners into companies and appointed certain prisoners as petty officers in charge, which allowed
good behavior to prepare the convict for gradual release.

• 9. Domets of France –Established an agricultural colony for delinquent boys in 1839 providing
housefathers as in charge of these boys.

10. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal

institution for young offenders.

• Borstal Institution – is considered

as the best reform institution

for young offenders today.

• 11. Walter Crofton – he is the director of the Irish Prison in 1854 who introduced the Irish

system that was modifies from the Macanochie’s mark system.

12. Zebulon Brockway – the Director of the Elmira Reformatory in New York (1876) who introduced
certain innovational programs like the following training school type,compulsory education of
prisoners,casework methods, extensive use of parole, indeterminate sentence.

•The Elmira Reformatory – considered as the forerunner of modern penology because it had all the
elements of a modern system.

13. Jean Jacques Philippe Villain –founded the Maison de Force in Gent, Belgium. He introduced:

a. felons and misdemeanants should be separated and

b. women and children must have separate quarters

14. Fred T. Wilkinson- the last warden of

Alcatraz Prison

15. James Bennet – director of Federal Bureau of Prisons who wrote about the closing of Alcatraz Prison.

•Alcatraz Prison

- opened in 1934, closed on March 31, 1963 but it was costly on operation. When it closed, it has 260
inmates.

- now, a tourist destination in New York.

•Australia – the place which was a penal colony before it became a country.

- convicted criminals in England were transported to Australia, a colony of Great Britain when
transportation was adopted in 1790 to 1875

Two Rival Prison System in the History of Corrections:

1. The Auburn Prison System –also known as the “Congregate System”

- The prisoners are confined in their own cells during the night and congregate work in shops

during the day. Complete silence was enforced.

2. The Pennsylvania Prison

System – also known as the “Solitary System”

- Prisoners are confined in single cells day and night where they lived, slept, ate and receive religious
instructions. Complete silence was also required.

- Prisoners are required to read the bible

• CORRECTIONS

- The branch of the administration of Criminal Justice charged with the responsibility for the custody,
supervision and rehabilitation of convicted offenders.

- The fourth pillar of the CJS

- Considered as the weakest pillar of

the CJS

* 2 FORMS OF CORRECTIONS

1. INSTITUTIONALIZED CORRECTION

- The rehabilitation of offenders in jail or prison.

2. COMMUNITY BASED CORRECTION

- Refers to correctional activities that may take place within the community.

* PURPOSES OF CONFINEMENT:

 To segregate offenders from society;

and

 To rehabilitate him so that upon his

return to the society he shall be

responsible and law abiding citizen.

*2 legal grounds for detaining a person:

1. commission of a crime

2. violent insanity or any other ailment that needs compulsory confinement in a hospital.

*Admission Procedures in Prison:

1. receiving;

2. Checking commitment papers;

3. Establishing identity of the prisoner;

4. Searching the prisoner;

5. Assignment to quarters

*Quarantine Unit or Cell:

it is a unit or cell in the prison or jail or a section of the RDC where the prisoners are given thorough
physical examination including blood test, x-rays, inoculation and vaccination.

*Purpose:to insure that the new prisoner is not

suffering from any contagious disease

which might be transferred to other

prisoners.

 PRE-RELEASE TREATMENT

It is the program specifically designed and given to a prisoner, during a limited period, prior to his
release, in order to give him an opportunity to adjust himself from the regimented group like in prison
to the normal, independent life of a free individual.

INSTITUTIONAL CUSTODY, SECURITY

AND CONTROL

Aims of institutional security:

1. To prevent escape;

2. To control entry of contrabands;

3. Maintenance of good order

CUSTODY – Defined as the guarding of penal safekeeping. It involves security measures, locking and
counting routines,produces for searching prisoners and their living quarters, and prevention of
contraband.

CONTROL – It 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
schedule.
Contraband

- anything that is contrary to prison rules and regulations

*Prison Discipline – it is the continuing state

of good order and behavior in prison. It includes the maintenance of good standards of work, sanitation,
safety, education, personal health and recreation.

 PREVENTION DISCIPLINE – Involves prompt correction of minor deviations before they become serious
violations, which may be dealt with a reprimand or warning and is used when the deviation is:

 trivial

 due to ignorance or lack of

understanding; or

 the result of careless or faulty habits.

DIVERSIFICATION

Is an administrative device of correctional institutions of providing varied and flexible types of physical
plants for the effective control of the

treatment programs of its diversified population.

Diversification may be done either:

a. By a building special institution for different

classed of prisoners which is more desirable since it provides proper segregation of groups and more
effectiveexecution of the treatment program, or

b. Providing separate facilities within a single

institution itself, that is, big institution may

be broken into smaller units.

FACTORS CONSIDERED IN DIVERSIFICATION

a. AGE

b. SEX

c. MEDICAL OR MENTAL CONDITIONS

d. DEGREE OF CUSTODY – the most

common used factor in diversification

*RECEPTION AND DIAGNOSTIC CENTER

(RDC)
This is a special unit of prison where new prisoners undergo diagnostic examination, study and
observation for determining the program of treatment and training best suited to their needs and the
institution to which they should be transferred.

RDC’s STAFF

 PSYCHIATRISTS

 PSYCHOLOGISTS

 SOCIOLOGISTS

 EDUCATIONAL COUNSELOR

 VOCATIONAL COUNSELOR

 CHAPLAIN

 MEDICAL OFFICER

 COSTODIAL CORRECTIONAL

The classification process:

*Classification- The assigning or grouping of inmates according to their sentence, gender, age,
nationality, health, criminal records, dangerousness, etc.

* FOUR SEPARATE BUT COORDINATED PROCEDURES OF CLASSIFICATION

1. DIAGNOSIS – the prisoners’ case history is taken and his personality studied. Through examination
and observations, the RDC’s staff

determines the nature and extent of the person’s criminality and the extent to which he may be
rehabilitated.

2. TREATMENT PLANNING – this is the formulation of a tentative treatment program best suited to the
needs and interest of an individual prisoner, based on the findings of the RDC’s staff.

3. EXECUTION OF TREATMENT PROGRAM - this is in the application of the treatment program and
policies by the classification committee.

4. RE-CLASIFICATION – the treatment program is kept current with the inmates changing needs and with
new analysis, based on any information not available at the time of the initial classification committee
meeting of the inmate’s case,which continues from the time of the first

classification until the inmates is released.

Prison – an institution for the imprisonment of persons convicted by final judgment and

with a penalty of more than 3 years.

*note: all inmates here are all convicted

*Note: the population of jail and prison including penal farms and colonies except the personnel are
called inmates, prisoners with the exception of jails whose inmates are undergoing trial of their
respective cases are called detainees.

•Bureau of Prisons- Have the general supervision and control of national, provincial prisons and all penal
settlements and is charged with the safekeeping of all prisoners confined therein.

•Bilibid PrisonBuilt on 1847. It became the central confinement for all Filipino offenders

by virtue of the Royal Decree of the Spanish Crown. (May Haligui Estate)

•1936

City of Manila exchange its Muntinlupa property composed of 552 hectares piece of land with the
Bureau of Prisons lot in Manila.

• N.B. Bilibid Prison is now being used by the

Manila City Government as Manila City Jail

E.O. 292 – otherwise known as Revised Administrative Code of 1987

 Sections 1705 – 1751, Revised Administrative Code of 1987

1. The Prison Law in the Philippines- It renamed the Bureau of Prisons to Bureau of Corrections (under
Department of justice)

- Maximum - orange or Tangerine

(NBP main Building)

- Medium- Blue (camp sampaguita)

- Minimum (Brown)

- Only the New Bilibid Prison and CIW confine death convicts.

- all the prison and penal farms have minimum, medium and maximum security facilities

*New Bilibid Prison – located in Muntinlupa City.2 Satellites:

1. Camp Bukang Liwayway (Minimum Security Camp) – house minimum custody prisoners who work in
various projects of the institution.

2. Camp Sampaguita (Medium Security Camp) – house medium security prisoners- where RDC is located

2. San Ramon Prison and Penal Farm

- Founded by Captain Ramon Blanco of the Spanish Royal Army. It was established for the confinement
of Filipino Political offenders. (Located in Zamboanga del Sur)

- Has an area of 1,246 hectares.

- established on August 21, 1869.

3. Iwahig Penal Colony and Farm

- Founded by Governor Forbes (Established) who led the first contingent of prisoners. It was used
originally for the confinement of incorrigibles and intractable prisoners.In 1905, it was reconverted for
the confinement of well behave and tractable prisoners. (Reorganization Act 1407)

- It has a land total area of 36,000 hectares.

- Established on Nov. 16, 1904

* IUHIT -the Iuhit penal settlement (now Iwahig Prison and Penal Farm)

- palawan puerto Prinsesa

- Prison without wall

- Gov.Wright (suggest)

- Tagumpay Settlement

* 4 sub-colonies of the Iwahig penal Colony and Farm.

a. Inagawan Sub-colony

b. Montible Sub-colony

c. Santa lucia Sub-colony

d. Central Sub-colony

4. Camp Bukang liwayway Davao Penal Colony

(January 21, 1932)

-Founded by Gen. Paulino Santos. Created

by virtue of act 3732 and Proclamation 414

series of 1931.

-Mostly devoted to abaca and banana plantation.

-In 1942, it was used as a concentration

camp for American Prisoners of War

-The main source of income of the Bureau of

Corrections. It consist of 18,000 hectares

5. Sablayan Penal Colony and Farm

-Founded on Sept. 27, 1954 by virtue of

Proclamation Number 72 dated September 27, 1954.

-It consists of 16,000 hectares in Sablayan,

Occidental, Mindoro

6. Leyte regional Prison (Abuyog,Leyte)

- established on January 16, 1973

during the martial law with the aim of regionalizing prisons in the country.

-youngest prison

7. Correctional Institution for Women

(Found in Mandaluyong City)

- It was established in 1931 by virtue of Act

3579 passed on November 27, 1929

- Consists of 18 hectares

- women's prison

The oldest prison in the Philippines is the Fort Santiago in Manila.

Who is a Prisoner?

- a person committed to jail or prison by a competent authority for any of the ff: reasons:

1. to serve a sentence after conviction

2. trial

3. investigation

* Classification of Prisoners:

1. Sentenced prisoners – those who are convicted by final judgment and under the jurisdiction of a penal
institution.

2. Detention Prisoners – those who were detained for the violation of law and have not yet convicted.

3. Those who are on safekeeping.

*.Classification of sentenced prisoners:

1. Insular/national prisoners – sentenced

to more than 3 years or a fine of more than 1,000or both.

2. City prisoners – sentenced to less than

3 years or a fine of less than 1,000 or both.

3. Provincial prisoners – 6 months and 1

day to 3 years or a fine not more than 1,000 or both.

4. Municipal prisoners – not more than 6

months

CLASSIFICATION OF PRISONERS ACCORDING TO DEGREE OF CUSTODY/DANGEROUSNESS

1. Maximum Security – This shall include highly dangerous or high security risk as determined by the
classification board who require a high degree of control.

* Who are Maximum Security Prisoners

 Those sentenced to death

 Those whose minimum sentence is 20 years imprisonment

 Remand inmates or detainees whose sentence is 20 years and above and those whose sentence is
under review by the SC

 Those with pending cases Who are Maximum Security Prisoners

 Recidivists, habitual delinquents and escapees

 Those confined at the RDC

 Those under disciplinary punishment or safekeeping

 Those who are criminally insane or with sever personality disorders or emotional disorders

2. Medium Security

- This shall include those who cannot be trusted in less secured areas and those whose conduct or
behavior require minimum supervision.

* Who are Medium Security Prisoners

 Those whose minimum sentence is less than 20 years imprisonment

 Remand inmates or detainees whose sentences are below 20 years

 Those who are 18 years of age and below, regardless of the case and sentence

 Those who have 2 or more records of escapes. They are classified as medium security if they have
served 8 years since they were recommitted. Those with one record of escape must serve 5 years.

 First offenders sentenced to life imprisonment. They can be classified as medium security if they have
served 5 years in a maximum security prison or less, upon the recommendation of the

superintendent.

3. Minimum Security

- This shall include those who can be reasonably trusted to serve their sentences under less restricted
conditions.
Who are Minimum Security Prisoners

 Those with severe physical handicap as certified by the chief medical officer of the prison

 Those who are 65 years of age and above,

without pending case and whose convictions are not on appeal

 Those who have serve ½ of their minimum

sentence or 1/3 of their maximum sentence,

excluding GCTA

 Those who have 6 months more to serve before the expiration of their maximum sentence.

Color of Uniforms of Inmates as to Security Classification

 Maximum Security – tangerine/orange

 Medium Security – blue

 Minimum Security –brown

 Detainee - gray

Prohibited Acts in Prison:

1. Participating in illegal sexual acts or placing

himself in situations or behavior that will encourage the commission of illegal sexual

acts;

2. Openly or publicly displaying photographs,

pictures, drawings, or other pictorial representations of persons engaged in sexual

acts, actual or simulated, masturbation,

excretory functions or lewd or obscene

exhibitions of the genitals;

3. Possessing articles which pose a threat to

prison security or to the safety and well

being of the inmates and staff;

4. Giving gifts, selling or engaging in barter

with prison personnel;

5. Maligning or insulting any religious belief

or group;
6. Rendering personal services to or

requiring personal services from a fellow

inmate;

7. Gambling, etc.

PUNISHMENT IMPOSED IN DISCIPLINARY CASES:

1. Solitary confinement – applicable in extreme case specially when there is danger that the prisoner
may hurt himself or others.

2. Locking in his cell with loss of yard privileges

3. Loss of privileges such as visiting, correspondence and other privileges

4. Transfer to another institution

5. Assignment to a disciplinary squad

for manual labor

6. Counsel and reprimand – imposed in

trivial cases

7. Loss of Good Conduct Time Allowance

GOOD CONDUCT TIME ALLOWANCE (GCTA)

- A reward for good conduct whereby a prisoner receives partial reduction of his prison sentence.

*The Prisoner is entitled to reduction of:

a. 5 days each month of good behavior during his first 2 years

b. 8 days each month of good behavior during his 3rd to 5th years

c. 10 days each month during his 6th to 10th years

d. 15 days each month reduction during the 11th and succeeding years.

* Act No. 3316

– The law that provides for the formal basis for the grant of GCTA for prisoners

*SPECIAL TIME ALLOWANCE FOR LOYALTY

- A deduction of 1/5 of the period of his sentence shall be granted to any prisoner who having evaded
the service of his sentence under circumstances mentioned in Art. 158 of the RPC, gives himself up to
the authorities within 48 hours following the issuance of proclamation announcing the passing away of
calamity, catastrophe such as earthquake, conflagration, mutiny, etc.

* Ground for Increasing Penalty

- 1/5 of the remaining sentence of the prisoner shall be added to his sentence if he fails to surrender
himself to the authority when he escape from prison under circumstances enumerated in Art. 158 of the
RPC. Provided, however, that the added sentence should not exceed 6 months.

* Plans for Emergency in PrisonProcedures in dealing with riots or disturbances

a. At the sound of the first alarm, all inmates

shall be locked up inside their respective cells/quarters. Inmate work crew shall immediately returned to
the prison compound or previously designated areas for accounting and confinement after a head.

b. If the disturbance occurs during visiting hours, all visitors shall immediately ushered out of prison
compound or if this is not possible, brought to a pre-determined area inside said compound. In the latter
case, the visitors shall not be allowed to leave the said area or the compound until disturbance has
ceased and the inmates have been properly identified.

c. At the same time, all guards who are not on duty shall be directed to immediately report to the desk
officer. All critical posts shall be manned to prevent escapes. The most senior guard present shall take
command of the custodial force and make assessment of the situation.

d. All telephone calls to and from the prison

compound shall be controlled

e. Based on the assessment of the prevailing

condition by the OIC, he may deploy the guards

in the following groups:

1. 1st Group – the initial wave of anti-riot contingent whose purpose is to disperse rioters. They are
armed with wicker shields, headgears, gas masks and batons.

2. 2nd Group – equipped with teargas guns and gas grenades.

3. 3rd Group – trained in proper handling and use of firearms.

*After the riot, the following procedure shall be followed:

a. Conduct head count

b. Segregate ringleaders and agitators

c. Assess and determine the damage to the facilities

d. Investigate the cause of the riot

e. Repair damages

f. Adopt measures to prevent similar incident

g. Administer first aid to the injured

h. Submit a report of the incident to

the secretary

• Jails

- An institution for the confinement of persons who are awaiting final disposition of their criminal cases
and also for the service of those convicted and punished with shorter sentence usually up to three years.

* CATEGORIES OF INMATES CONFINED IN JAIL

a. Those awaiting/undergoing investigation

b. Those who are awaiting/undergoing trial

c. Those who are awaiting final judgment

d. Those who are serving short sentences

up to three years

* Types of Jail

1. Lock-up jail – is a security facility for the temporary detention of person held for investigation or
awaiting preliminary hearing.

2. Ordinary jail – houses both offenders awaiting court action and those serving short sentences usually
up to 3 years.

3. Workhouse jail farm or camp –houses minimum custody offenders serving short sentences with
constructive work programs.

• BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

- It was created pursuant to Sec. 60, R.A.

6975. Headed by a Chief with the rank of

Director to be assisted by the Assistant

Chief of the Jail Bureau.

-It has the mission to direct, supervise and

control the administration and operation of

all district, city and municipal jails to effect a

better system of jail management

nationwide.

* Coverage of Supervision by the Jail Bureau

1. City jails

2. Municipal jails
3. District jails

* Qualifications of jail Officers assigned

in Key positions in the Bureau

A. Chief, BJMP

 Shall have the rank of director in the jail bureau;

 He must be a member of the Philippine Bar; or

a holder of Master’s Degree in national Security

Administration or any relevant Master’s Degree;

 He must have an adequate experience in positions of

responsibility and leadership of at least one year in each of

the following fields:

a. operations

b. administration

B. Deputy Chief

 Shall have the rank of Chief Superintendent in the jail bureau;

 A member of the Philippine bar; or

 A holder of relevant Master’s Degree; or

 A Baccalaureate Degree with at least 9 years experience in jail or police work;

 He must have an adequate experience in positions of responsibility and leadership of at least one year
for each field in the following:

-operations

-Administration

-ARD/Chief of Staff/Chief of Division, Central office

c. Assistant Regional Director

 Have the rank of Senior Superintendent;

 Must have undergone the Officer’s Executive career Course or its equivalent;

 Must at least be a Bachelor’s Degree holder in law, criminology, psychology, psychiatry, social work or
sociology;

 Must have previously assigned in supervisory position in jail bureau.

d. Provincial Jail Administrator

 Have the rank of superintendent

 Must have undergone the Officer’s Executive Career Course or its equivalent; must be a bachelor’s
degree holder, preferably in law, criminology, psychology, psychiatry, social work or sociology;

 Have been previously assigned in

supervisory position in the jail bureau.

e. District Jail Warden

 Have the rank of Chief Inspector;

 A bachelor’s degree holder, preferably in law, criminology, psychology, psychiatry, nursing, social work
or sociology;

 Must have undergone the Officer’s Advance Course or its equivalent;

 Has been assigned in supervisory position in police or jail service.

f. City and Municipal Jail Warden

 Shall have the rank of Chief Inspector

 Must be a bachelor’s degree holder, preferably in law, criminology, psychology, nursing, social work or
sociology

 Has been assigned in supervisory position

in the police or jail service.

* Composition of Classification Board/Disciplinary Board in Jail

 Chairman -Assistant Warden

 Members -Chief, security Officer

-Medical Officer/Public Health Officer

-Jail Chaplain

-Social Worker/Rehabilitation Officer

POWERS AND FUNCTIONSPRIVILEGES AND RIGHTS OF A PERSON UNDER DETENTION

BUREAU OF CORRECTIONS (BUCOR)

 The Bureau of Corruption is tasked with the following functions:

a. To confine persons who have been convicted of a criminal offense by the courts to serve sentence in a
penal institution.
b. To provide correctional environment which seeks to protect the physical and emotional well being of
offenders.

c. To provide humane treatment by affording them human basic needs the correctional community and
prohibiting cruel methods rehabilitation.

d. To provide opportunities for rehabilitation

programs designed to change the offenders’

pattern of criminal or anti-social behavior.

e. To engage in agro-industrial endeavors to develop penal farms into productive profit center that
employs offender manpower skills and labor and provide a source of income to supplement

the Bureau’s financial outlet.

f. To perform other functions that maybe directed by the Secretary of Justice of other competent
authorities.

 BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

 The BJMP shall exercise supervision and control over all district, 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 investigationor trial and/or
transfer to the National Penitentiary, and any violent, mentally-ill persons who endangers himself or
others.”

 PRIVELEGES OF DETENTION AND SENTENCED PRISONERS

Detainees may enjoy the following privileges:

1. To wear their own clothes while in confinement;

2. To write letter, subject to reasonable

censors, provided expenses shall be borne

by them;

3. To receive visitors during daytime;

4. To receive books, letters, magazines, newspapers and other periodicals that the jail authorities may
allow.

5. To be treated by the Health Services or by

their own doctor or dentist at their own

expense upon proper application and

approval.
6. To be treated in a government or private hospital, provided it is authorized by the court at their own
expense.

7. To request free legal aid if available and enjoy the right to be visited by their counsel anytime.

8. To grow hair in their customary style provided it is decent and allowed by the rules.

9. To receive fruits prepared food, subject to

inspection and conformity by the jail officials.

10. To smoke cigarettes, except in prohibited

places;

11. To read books and other reading materials

available in the jail premises; and

12. To perform such other works as may be

necessary for hygienic and sanitary purposes.

Except for the wearing of prescribed prisoners uniform, all the privileges of detainees mentioned above
may be enjoyed by sentenced prisoners.

* RIGHTS OF PERSON UNDER DETENTION

 The right to be assisted by counsel of his own choice at all times.

 Right to be informed of his right to remain silent.

 Right to be visitation by any member of his

immediate family or any medical doctor or priest or religious ministers chosen by him or any member of
his immediate family, or by his counsel or by any national non-governmental

organizations duly accredited by the CHR or byany institution and non-governmental organizations duly
accredited by the office of the President.

Definition of Terms

 Penal Management – refers to the manner or practice of managing or controlling place of punishment
or jail.

 Correction – it is the study of jail/prison

management and administration as well as

rehabilitation and reformation of prisoners and detainees.

 Penology – a branch of criminology which deals with management and administration of

inmates.
 Jail – a place of confinement for inmates

under investigation, awaiting or

undergoing trial or serving sentence.

 Rehabilitation – a program of activity

directed to restore an inmate’s self-respect thereby making him a law-abiding citizen after serving his
sentence.

 Safekeeping – the temporary custody of a

person for his own protection, safety or care; and or his security from harm, injury or danger for the
liability he has committed.

 Inmate – Either a prisoner or detainee confined in jail.

 Detainee – a person accused before a court or competent authority who is temporarily confined in jail
while undergoing investigation, awaiting final judgement.

 Prisoner – an inmate who is convicted by

final judgement and classified as insular,provincial, city or municipal prisoner.

 Commitment – means the entrusting for confinement of an inmate to a jail by competent court or
authority for investigation, trial and/or service of sentence.

 Commitment Order – a written order of the

court or any other competent authority consigning an offender to a jail or prison

for confinement.

 Mittimus – a warrant issued by the court

bearing its seal and the signature of the judge directing the jail or prison authorities to receive the
convicted offender for service of sentence or detention.

 Detention Mittimus – is an order issued by

a competent court addressed to the jailer or

prison officer to receive a person for having

committed a criminal offense for safe

custody, subject to the order of the court.

 Sentence Mittimus – is an order of a

competent court, addressed to the jailer or

prison officer to receive a person after conviction from the offense charged to serve a penalty of
imprisonment or subsidiary imprisonment as the case may be.
 Contraband – any article, item, or thing prohibited by law and/or forbidden by the jail rules.

 Escape – an act of getting out unlawfully from confinement or custody by an inmate.

- includes not only actually leaving the institution or grounds thereof by a detainee or prisoner but also
being “out of the place”at any time since the latter maybe tantamount to attempting to escape.

 Instrument of Restraint – a device, contrivance, tool or instrument used to holdback, keep in, check or
control an inmate; e.g. handcuffs, leg irons.

 Classification – refers to the assigning or

grouping of inmates according to their sentence, gender, age, nationality, health,criminal records, etc.

 Custody – – is the maintenance of care and

protection accorded to people who by authority of law are temporarily incarcerated for violation of law
and also those who were sentenced by the court to serve judgment.

Security – is the task given to jail or prison

administrators and custodial force personnel to secure the entire establishment and to keep under
constant watch the movements of inmates or wards purposely to avoid involvement of

detainees or prisoners for possible commission of crimes and foremost to prevent any mass jail breaks
ad bloody gangwars among them while under confinement.

 Control – is the systematic measures taken in

ensuring that the movement of inmates are in

accordance with the standing policies, rules

and regulations granted by the court, authorities or administrators at all times.

 Degree of Custody – extent or strict keeping or charges necessary for a person in confinement.

 Lock –up – security facilities manned by the

PNP, as their temporary jail facilities.

 Disorders – it refers to fighting or causing a

disturbance or a riot and also other behaviors such s ; connivance, politicking, threatening or putting in
fear.

 Good Conduct Time Allowance – are rewards for good conduct or behavior, whereby a prisoner
receives partial remission or reduction of his sentence.

 Diagnostic Treatment – the process of

treating a person after determining by

examination or study the nature and

circumstances of his condition.

 Homosexual – a person with sexual feeling for a person of the same sex, with an impulse towards
genital expression.

 Proselytizing – to convert or induce another

to change his religious belief or sect.

 Sex Deviates – person who commits abnormal sex practices sometimes caused by physical, grandular
and mental differences.

 Sick Call – the time when prisoner affected

with any disorder of health or illness will report to a physician for examination or treatment.

 Suicide Risk – a prisoner/detainee prone of

taking his own life.

 Tattooing – the act of pricking and making

mark patterns on the skin with indelible pigment.

 Straight Jacket – an outer covering or coat

designed to fasten the body for the purpose

of restricting the movement of a boisterous

or unruly person.

 Inmate’s Privilege – a special right or power

conferred on or possessed by one or more

individuals, in derogation of the general right. It is a peculiar benefit or favor not enjoyed by all.

- is something allowed or provided at the discretion of the Prison Authority and it should be earned.

 Inmate’s Rights – is something the prison

must allow to provide; it must be assured because it is inherent in the “Great and

Essential Principles of Liberty and Free

Government”.

NOTES:

1. RA 7659 – reimposition of death penalty

on heinous crimes

2. RA 8177 – designating death by lethal

injection as the method of carrying out

death penalty