REVIEW NOTES IN CORRECTIONAL

ADMINISTRATION
INSTITUTIONAL CORRECTION

NON-INSTITUTIONAL CORRECTION

OTHER LAWS RELATED TO PRISONERS

CORRECTIONAL ADMINISTRATION

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.

Public humiliation and shaming were effected by

1. the use of stocks and pillery
2. docking stool
3. branding
4. shaving off the hair, etc.

Justifications of Punishment

The theories or justifications or punishment vary from one stage of civilization to another. The most common
justifications of punishment are retribution, expiation or atonement, deterrence, protection and reformation.

Retribution

In primitive days punishment of the transgressor was carried out in the form of personal vengeance. Since there
were no written laws and no courts, the victim of a crime was allowed to obtain his redress in the way he saw fit.
Oftentimes, the retaliatory act resulted to infliction of greater injury or loss than the original crime, so that the latter victim
was perforce afforded his revere. Punishment therefore became unending vendetta between the offender and the victim.
Later, an attempt was made to limit the retaliation to the degree of injury inflicted, thus the philosophy of “an eye for an
eye” evolved. During this period nearly all offenses that are now included in criminal codes as public crimes, were
considered private offenses for which the victims were allowed their redress through personal vengeance.

There were a few offenses, however, which were regarded as crimes committed against the native gods. People
being then superstitious, believed that any catastrophe that befell the group was a retaliation of an offended god. In order
to appease the offended god, the social group or clan demanded that the supposed offended be banished or put to death.
Witchcraft was considered a public crime and person suspected of being a witch was tortured, banished or put to death.

Expiation or Atonement

This theory or justification of punishment was also advocated during the pre-historic days. A sort of common
understanding and sympathetic feeling developed in the group. An offense committed by a member against another
member of the same clan or group aroused the condemnation of the whole group against the offending member .

The group would therefore demand that the offender be punished. When punishment is exacted visibly or publicly
for the purpose of appeasing the social group, the element of expiation is present. Expiation is therefore, group
vengeance as distinguish from retribution which is personal vengeance. Punishing the offender gives the community a
sense of its moral superiority, an assurance that virtue is rewarded after all. Hostile action against the offender brings
about cohesiveness in society. Corporal punishment in most modern countries has been abolished and the application of
punishment has tended to be withdrawn from the public eye. Some segments of society, however, still cling to the belief
wrong doing or in order that punishment be punishment.

Deterrence

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.

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.

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., was another form of the so called “free-will
theory. It implied a notion of causation in terms of free choice to commit crime by rational men seeking pleasure and
avoiding pain.

According to Aristotle, “corrective justice is a means whereby the loss suffered by the wronged man is
compensated. Suffering by the offender restores the balance between the injured and the transgressor.

The Judean—Christian Theory

 Following the Secular Theory of punishment was the Judean or Christian Theory, which was at its fullest
development during the death of Christ in 30 A.D. This theory of expiation believes that punishment has a redemptive
purpose of repelling sin advocated by the devil.

Rise of the Canonical Courts - A system of trial and punishment was established in the 4th Century A.D. Rivalry
existed between the church and state in trying offences. Primitive justice was not so much concerned with determining of
guilt as with saying that the proper religious ritual that observed by private parties in settling private disputes. In the early
Christians era, the Church forbade its adherents to resort to state courts and later in the Medieval Period the power of
state courts declined and the power of Canonical Courts increased. Criminal Courts distinct from civil courts and separate
from the administration of government had their origin in the Roman Republic some two centuries before Christ and
became firmly established under the empire. The theory of punishment under the church court was mainly reformatory in
purpose.

Individualization of Punishment - The lawmakers and judges had the practical task of making and administering
law not only in the light of such theories of free will and responsibility, but also face to face with the indignation of the
community at a particular offense.

Abused of Judicial Individualization - The law gave judges wide direction to impose additional properties in view
led to the circumstances. This theory gave the judges tyrannical power that led to abuses. Class discrimination in the
administration of justice arose. The Hebrew right of sanctuary and the medieval truce of God were religiously motivated
by limitations on punishment. Yet such practices as expiation and penance demanded punishment as a process of
balancing account with God. The infliction of the punishment became a sort of religious ceremony. The canonical courts
introduced the modern principle of individualization, but not on scientific grounds, and this very unscientific
individualization led to serious abuse and injustice. In early American times there was a strong religious motivation behind
the reform movement and for the aid of released prisoners. The very significant reform instituted by the Quakers in
Philadelphia as well as the somewhat conflicting efforts of Louis Dwight and his society in Boston evidenced religious
influence, though the former were philosophical in origin. But though animated by a kindly Christian spirit, these reform
movements were not concerned with understanding the criminal. Moreover, these religious reformers though of the
process of reform as a process of getting right with God rather than of seeking social conditions which would prevent the
recurrence of crime.

The Classical School of Penology

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

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

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

Beccaria’s protests were directed against:

1. Arbitrary penalties given by the judges

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

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

The classical school holds:

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

Advantages of the Classical School

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

Disadvantages

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

The Neo-Classical School of Penology

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

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

Result of the Neo-Classical theory

1. Exempting circumstances admitted

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

The Italian or Positivist School of Penology

Cesare Lomroso’s “The Criminal in Relation to Anthropology, Jurisprudence, and Psychiatry” was published 100
years from the publication of Beccaria’s book, “Crime and Punishment.” Lombroso, in his book, sought to explain crime in
terms of the physical make-up of the criminal, thus – the vicious soldier was distinguished from the honest soldier by the
extent to which the former was tattooed and by the decency of the designs. In studying the insane, the patient, not the
disease, should be the object of attention.
 Enrico Ferri was born in Italy in 1856. Ferri advocated the “Theory of Imputability and the Denial of the Free Will”
in 1878. Ferri contributed to the emphasis of the social factors such as

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

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

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

Results if the Italian School

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

The Modern Clinical School of Penology

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

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

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

DEVELOPMENT OF MODERN CORRECTIONAL CONCEPTS AND STANDARDS

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

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

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

The Auburn and Pennsylvania System

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

The Reformatory Movement

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

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

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

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

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

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

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

A Golden Age of Penology

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 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 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.

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 19 th 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, 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.

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”.

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 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.

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.

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 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.

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 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.

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 se curity,
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 faci lity, 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, topo graphy,
foundation conditions, transportation facilities, climate, water supply, electrical supply and nearness to a community with
adequate resources for supplies and for the advantages of community living for the personnel.

Size of Institution

The United Nations Standard Minimum Rules for the treatment of offenders prescribes that penal institution
should not exceed 1,200 inmates. Smaller institutions should however not be too small as to make operating cost too
expensive.
 There are institutions with population exceeding 5,000. The per capita cost of operation is less when the
institution is big, but the negative effects of overcrowding and impersonal relationship of personnel and inmates, though
not easily discernible, is great. If it is not possible, to-establish smaller institutions because of lack of funds, a compromise
arrangement can be made so that big institutions may be divided into smaller units, all units still operating under the
superintendent or warden of the institution. A good example, of this arrangement is the California Institution for men at
San Luis Obispo - this institution consists of two program; units and a minimum-security satellite unit
.
Custodial Characteristics of the Institution

There is controversy of opinion as to how secure an institution should be. Some prison administrators think that
prisons should be sufficiently secure as to ensure no escapes. The more progressive-minded administrators contend that
too much custodial restraint works against the rehabilitative program, so that escapes should be looked upon as inevitable
and something to be minimized. Whatever be the position held by the prison administrator, public attitude regarding
escapes cannot just be ignored. Escapes cannot be prevented or minimized by strong and escape-proof institutions only
but by careful classification and good personnel management. The criteria therefore in planning a new institution should
be based on the type of prisoners to be housed. The physical plant should be as strong as is necessary to prevent the
number of escapes which will draw public censure and the kind of escapes which really threaten the public welfare.

Segregation

Ideally, a prison system should be diversified by institution. This arrangement provides proper segregation of
groups by institution. Actually, few prison systems come up to this standard. Since this arrangement requires a big
budgetary outlay, a compromise can be made so that bigger institutions can be broken into smaller units. The purposes of
segregation are to prevent moral or physical contamination of one group by another, and to prevent unnecessary
custodial risks. It is therefore necessary that the first offenders be kept separately from the recidi vists and habitual
delinquents; that sentenced prisoners and the detention inmates occupy separate units; and that those undergoing
disciplinary punishments be segregated. The movements of prisoners as well as workers within the institution should be
carefully planned to avoid confusion, loss of time and inefficiency in custodial supervision.

THE CLASSIFICATION PROCESS

The rehabilitation program of the prisoner is carried out through the process of classification. Classification is
more than placing prisoners into types or categories. It is a method by which diagnosis, treatment, planning, and
execution of treatment program are coordinated in the individual case. The objectives of classification are development of
an integrated and realistic programs of the prisoner arrived at, through the coordination of diagnosis, planning, and
treatment activities; and an informed continuity of these activities from arrival to release of the prisoner.

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

Reception Diagnostic Center (RDC)

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

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

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

The RDC Staff and their Functions

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

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

3. Sociologist — the prisoner is interviewed by the sociologist. Additional information is obtained through
correspondence with the prisoner's friends, relatives, and social 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.

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.

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 in dividual to
talk out his problems, to lend him to recognize desirable goals and ways of attaining them.

2. Vocational Program — the inmate is given on-the-job training and observation to determine his vocational
interests and abilities and to determine his attitude toward work.

3. Physical Training and Recreation — this program is aimed at building the morale as well as helping maintains
the well being of the prisoners. Also, it affords an opportunity for supervisors to observe how the inmate
reacts to various situations /which are very revealing of the personality of the prisoner.

4. Staff Interviews — it is desirable that all members of the staff interview every inmate on whom they are
required to render a report. Each staff member should plan his interviews so that his questions are pointed
toward securing the information which will help him analyze the phase of the study for which he is
 responsible. Each report should give indication of the staff member's impression of the personality of the
inmates.

The Staff Conference

When the prisoner is through with all tests, interviews and examinations, he is ready "for the staff conference,
sometimes called "guidance conference or "case conference". The- inmate appears before the Center's staff in
conference to plan out with: him his -tentative program of treatment and training. Every member of the staff gives an oral
summary of his findings and his recommendation on what to do with the prisoner pertaining to his field. For example, the
vocational counselor informs the body of what vocational tests given him, and the counselor's recommendation on what
job training is appropriate for the prisoner to learn in prison. After every staff has-given his report the body votes on what-
program of activities the prisoner should undergo, including institutional training, recreational program, religious program-
medical and psychiatric services and social service.

The Admission Summary

The written reports submitted by the staff, of the center regarding their findings on-the prisoners are compiled,
and form the admission summary: The admission summary-.becomes the, nucleus of the cumulative case his tory 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.
:.
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 opera ting 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 orien-
tation period for him. He is given lectures on the rules and regulations; and he is assigned to different work projects to
afford him various experiences which will guide him in the choice of a permanent vocational program.

The Classification Committee

Every prison or correctional institution has a classification committee which carries out the treatment and training
plan of the prisoner. The committee is composed of the following:

The Warden or Superintendent – Chairman

Deputy Warden for Custody - Asst. Chairman
Deputy Warden for Classification and Treatment – Member
Production Manager – Member
Chief, Medical Services – Member
Chaplain – Member
Psychologists or Psychiatrist - Member

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

The Admission Classification Meeting

The purpose of the admission classification, sometimes called initial classification meeting is to plan a program
for and with the inmate, which will be realistically directed toward his rehabilitation. The admis sion 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 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 sche duled to appear before the
classification committee for pre-parole interview. The purpose of this meeting is to enable the Committee to evaluate the
inmate's readiness for parole and to plan out with him his program on parole. It may turn out that the in mate at this time is
not yet ready for parole, in which case the Board sets another date for the next pre-parole interview. If the inmate's case is
favorable, the committee then prepares the pre-parole report and recommends him to the Board of Pardons & Parole for
release on parole. The pre-parole report is sometimes called the pre-releases progress report. This report outlines the
treatment program of the parolee. Certain rather specific suggestions may be made in regard to the inmate's remaining
weeks or months in the prison. Special emphasis will be given on his program thereafter when he ; leaves the institution on
parole.

The Pre-Release treatment - Prerelease treatment is defined as the program specifically planned to prepare the
offender, during a limited period prior to his release on parole. Pre-release treatment deals specifically with the transition
from artificial, regimented group life to normal, independent life of the free individual and with the problems which this
transition entails. The end of the prison term should not only be in sight but rather close at hand before such treatment
begins, otherwise, the psychological stress of prolonged expectation would defeat the purpose of the pre-release
treatment. The very realization that he is soon to be released may restore a greater measure of hope the prisoner than he
has had since he was sentenced, particularly if he has been deprived of liberty for a long time.
Some of the special pre-release programs now used in various countries include:

1. Special information sessions on matters which will be important to the prisoner on his return to the
community, such as parole conditions and employment opportunities.
2. Granting a greater freedom inside the institution which may take the form of letting the offender wear his
own civilian clothes: lodging him in a separate quarters of the prison, possibly in a room of his own; and
giving him an opportunity to determine his leisure activities and communicate more freely with the outside
world; and generally subjecting him to less supervision.
3. Group and individual counseling which may assist him in orienting himself and alleviating his worries;
4. Transfer from a closed to an open institution or to a pre-release camp which, by providing a minimum
degree of supervision, enables the prisoner to realize the trust placed in him and to live under conditions
which are considerably closer to normal life:
 5. Pre-release leaves for a few hours a day or even several days to obtain necessary documents; to find
living quarters; to be interviewed by potential employers; to visit family; and for any other purpose which
may be reasonably considered valuable for the future re-adaptation of the prisoner.
6. Leave for work, which allows the offender to be employed in the community, provided he returns to the
institution at night.

THE CORRECTIONAL TREATMENT PROGRAMS

Goals of the Treatment Programs

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

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

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

The United Nations "Standard Minimum Rules for the Treatment of Prisoners provide:

"The treatment of persons sentenced to imprisonment or a similar measure shall have as its purpose so far as the
length of the sentence permits, to establish in them the will to lead law-abiding and self-supporting lives after their
release and to fit them to do so. The treatment shall be such as will encourage their self-respect and develop their
sense of responsibility.

"To these ends, all appropriate means shall be used, including religious care, in the countries where this is
possible, education, vocational guidance and training, social casework, employment counseling, physical
development and strengthening of moral character, in accordance with the individual needs of each prisoner,
taking account of his social and criminal history, his physical and mental capacities and aptitudes, hi personal
temperament, the length of his sentence and his prospects after release.

“For every prisoner with a sentence of suitable length, the director shall receive, as soon as possible after his
admission, full reports on all the matters referred to in the foregoing paragraph. Such reports shall always include
report by a medical officer, regarding the physical and mental condition of the prisoner.

"The reports and other relevant documents shall be placed in an indivi dual 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.
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.

5. Industrial employment - necessary for those who can not be absorbed to the preceding forms of activities, which
will benefit through industries, can contribute towards a reduction in the cost operating the institution of the state.

United Nations Standards on Prisoners Employment

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

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

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

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

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

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

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.

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 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.

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 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.

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.

“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 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.

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 imme diately any
weakness in the system.
 Counting Inmates - Prisoners should be counted four times a day or oftener. During change of shifts, guards on
duty must be certain that all prisoners are present and accounted for. In counting prisoners at night, the guard should "see
flesh and hear voice" before recording them as present. The control room or master control must indicate movements of
prisoners, such as changes of residence or work assignments, transfers to hospital and courts.

Firearm Control - There must be a written set of rules for the control of firearms, which every correctional or
custodial personnel should know by heart. Carelessness on the part of the employees or defects in the system of firearm
control may result to violent deaths of employees or prisoners. Employees should be taught hew to handle all weapons
they may be called upon to use. Members of the custodial force should be required to qualify in marksmanship before
entrance to duty and every year thereafter. The armory should be located outside the prisoners’ housing and activity area,
and guns should not be carried within close proximity of prisoners. The use of gas for quelling riots is becoming popular,
not only because it is effective but also because it is, humane. The custodial force, therefore should know how and when
to use tear gas bombs or grenades.

Control of Keys - The keys to cells and dormitories should never be entrusted to prisoners. The correctional
officer on duty should never enter the housing unit of prisoners with the keys hanging on his belt. There must be proper
accounting of all keys at all times.

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

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

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

Prison Discipline

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

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

Elements of Prison Discipline

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

2. Custody and Control

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

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

3. Discipline the Concern of Every Prison Worker - Discipline is not the responsibility of the custodial force alone
but rather the concern of every prison worker. The staff of the institution in all phases of the institutional
program, all of which in their special ways are contributing to the general discipline of the prisoners,
accomplishes it. For example, the social worker contributes towards discipline by pointing out to the prisoner
his responsibilities to his family and to the community, and showing him how to fulfill them. 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 disciplin ary problems such as
gang conflicts, strikes and disturbances, should be dealt with firmly and without hesitation or vacillation. The
gang leaders or agitators should be identified and segregated.

6. Preventive Discipline - discipline should not only be applied after a breach of law, rule or regulation has been
committed. More effective perhaps is the application of discipline at its preventive stage. Discipline applied
after an offense has been committed is negative discipline in the sense that in many cases punishment does
not deter. The positive approach is to work out a program of preventive discipline, which involves prompt
correction of minor deviations before they become serious violations. Minor violations if not intentionally
committed should be dealt with by the observing guard with a reprimand or warning. Custodial officers should
bear in mind that the certainty of dealing with misbehavior in prison is more effective in the control of
prisoners than the severity of the punishment. In many cases, correction or reinstruction of the inmate may be
achieved without .the necessity .of taking punitive action. Preventive discipline may be used when the
deviation is trivial, is due to ignorance or lack, of understanding or the result of careless or faulty habits. A
friendly word of advice may suffice to cause a prisoner to avoid future misbehavior. On the other hand, in a
similar situation, an employee lacking in interest and understanding approach, may by his unprofessional,
unfriendly, and even hostile attitudes and bearing, aggravate an inmate to a point where it is mandatory to
take disciplinary action for misbehavior.

7. Good Communication: Another important element of discipline is good 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 institu tion 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 manage ment 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 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 con victed 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 con duct time allowance for every month that
he serves. This allowance may be forfeited as punishment for misconduct. However, good conduct time
allowance already earned can no longer be forfeited.
4. Close Confinement - This is resorted to in extreme cases when lighter penalties are ineffectual. The use of
solitary confinement or "bartolina" is justified when there is danger that the offender may hurt himself or
others. It should not be considered as punishment when used "as an administrative measure" of preventing
him from influencing witnesses or of injury to himself or others.
5. Reduced Diet - Usually this punishment is carried out with punitive segregation. The United Nations rules
prohibit the use of this kind of punishment unless supervised by the prison physician. Cruel and degrading
forms of punishment are also prohibited by United Nations rules, including corporal punishment. Except when
there is danger of the inmate injuring himself or others, the use of handcuff and leg irons is prohibited by the
United Nations rules and regulations.

Counseling, Casework and Clinical Services

Counseling, casework and clinical services are essential parts of the total correctional program. To function
effectively as an integral part of the total correctional process, professional personnel assigned to these services must
clearly understand the mission, goals and objectives of the correctional system.
 Counseling is defined as a relationship in which one endeavors to help another understand and solve his
problems of adjustment. It is distinguished from advice or admonition in that it implies mutual consent. Counseling as
used in working with offenders; encompasses the personal and group relationships undertaken by the staff. It has its
goals either the immediate solution of a specific personal problem or a long range effort to develop increased self-
understanding and maturity within the offender. Counseling may be part of the activity of a professional casework or
psychiatric staff, but is also the proper province of the teacher, the work supervisor, and the group supervisor, and the
group supervisor. In institutions particularly, the work and quarters, supervisors have extensive contact with and influence
upon inmate behavior. In the performance of normal job functions, counseling is used commonly and quite often
unconsciously. Voluntary participation of the offender in a counseling relationship is desirable; but there is evidence that
group programs in which participation is mandatory can be effective.

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

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

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

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

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

Casework in correctional work includes the professional services rendered by professionally trained personnel in
the description and social treatment of offenders. Casework consists of working with one individual at a time, with the
aims of:
1. obtaining clear case description or social history,
2. solving immediate problems involving family or other personal relationships,
3. exploring carefully long-range problems of social adjustment and assisting the individual toward acceptable
solutions,
4. offering supportive guidance and information to inmates who are nearing release from the institution,
5. offering supportive guidance and professional assistance to offenders on probation or parole.

Casework Services

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

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

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

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

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

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 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.

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 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 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 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 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.

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.

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 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.

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 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

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 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.
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.

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.
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
 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.

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.

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 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. “

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.

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.
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 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.
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. 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.

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 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.

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 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.

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 correc tional
agency, which also administers probation and penal institutions.

The parole system in the Philippines falls under the third plan . Generally a parole office headed by an executive
officer called Parole Administrator or Chief Parole Officer administers parole. The Chief of the Parole Office executes the
policies formulated by the Board of Parole, and carries out the functions of parole. A parole agency has two important
units or subdivisions aside from the administrative and other auxiliary service units. The principal subdivisions are the
investigation and Supervision Divisions.

Parole Investigation

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

Parole Selection

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 pri son
considers to be essential for the best interest of the parolees and the protection of the society. It contains an appraisal of
the prisoner's personality and his needs for adjustment upon return to society.

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

Contents of the Parole Referral Summary

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

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

The Importance of the Parole Referral Summary

The parole referral summary represents the final evaluation of the effect upon the inmates of this investment in
their welfare by society. The parole referral summary is sent to the field officers of the parole bureau. This document
represents a general plan for the care and treatment of the parolee. Circumstances may require modifications of the
recommendations contained by the paroling agency, yet the parole referral summary remains the basic clinical document
for the determination 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 compa tible with the welfare of
society.

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

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

Parole Hearing — How Conducted

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

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

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 treat ment
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.

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 central ized 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 pro mulgated 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 follow ing 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 unlaw fully
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
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 main tain
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 re quire 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 en tire prohibition is unrealistic, so that they
only require the parolee not to indulge heavily in liquor. Moderate drinking is a part of a man's social life and
social qualification.

10. Keeping Curfew Hours. The purpose of this rule is discouragement of unwholesome
habit that may lead to troubles. An ex-prisoner is prone to being suspected by the police whenever an unsolved
crime is committed. In order to evade being a suspect, the parolee should agree to keep reasonable hours at
night.

11. Provision against Marrying Without Permission. Parolees are still wards of the state and
are not yet restored their civil and political rights. One of the civil rights affected by u prison sentence is the right
to contract marriage. Since the parolee is not yet a completely free man he cannot marry without first obtaining
 permission from the parole officer. One strong reason in favor of this regulation is to prevent the parolee from
having a family if he is not financially capable of raising one.

12. Provision Against Living in an Illicit Relationship. The parole must attempt to live a clean
life and one way of carrying it out is to issue this regulation. This regulation is specifically directed to parolees
convicted of bigamy, concubinage and adultery to prevent further amorous relations with the woman who caused
their imprisonment.

13. Regulations against Owning or Operating an Automobile. Some states or countries

disqualify convicted offenders from getting a driver's license. In order, therefore, that the parole office may not be
a party in a case of illegal operation of a motor vehicle, parole offices prescribe rules against the parolee
operating or owning a motor vehicle without permission. Besides, the parole authorities want to obviate the possi -
bility 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.

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 adjust ments 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 his tory 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.

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 em -
ployers 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.

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.

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 satis factory
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.

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.
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 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.

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.

 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.

 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.

 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.

 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.
 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.
 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.

 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
 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.

 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.

 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.
 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. 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.)

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.

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

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. 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, 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 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.

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).

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).