CORRECTIONAL ADMINSITRATION

In primitive days punishment of the transgressor was carried out

NATURE AND TRENDS OF PUNISHMENT 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
Punishment is a means of social control. It is a device to cause saw fit. Oftentimes, the retaliatory act resulted to infliction of greater injury or
people to become cohesive and to induce conformity. People believe that loss than the original crime, so that the latter victim was perforce afforded his
punishment is effective as a means of social control but this belief is revere. Punishment therefore became unending vendetta between the
doubtful. There is no question, however, that some forms of punishment are offender and the victim. Later, an attempt was made to limit the retaliation to
more effective in one society than in another. For example punishment in a the degree of injury inflicted, thus the philosophy of “an eye for an eye”
small well ordered community, where people practically know everybody, is evolved. During this period nearly all offenses that are now included in
more effective in inducing conformity than in a highly mobile metropolitan criminal codes as public crimes, were considered private offenses for which
city. the victims were allowed their redress through personal vengeance.

The general concept of punishment is that it is infliction of some There were a few offenses, however, which were regarded as
sort of pain on the offender for violating the law. This definition is not crimes committed against the native gods. People being then superstitious,
complete in the sense that it does not mention the condition under which believed that any catastrophe that befell the group was a retaliation of an
punishment is administered or applied. In the legal sense, it is more offended god. In order to appease the offended god, the social group or clan
individual redress, or personal revenge. Punishment, therefore, is defined as demanded that the supposed offended be banished or put to death.
the redress that the state takes against an offending member . Witchcraft was considered a public crime and person suspected of being a
witch was tortured, banished or put to death.
Punishment is restricted to such suffering as is inflicted upon the Expiation or Atonement
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 acidental, to This theory or justification of punishment was also advocated
produce some sort of justified suffering on the offender. It is essential that during the pre-historic days. A sort of common understanding and
the offender should be forcibly made to suffer and that society is justified in sympathetic feeling developed in the group. An offense committed by a
making him suffer. Punishment is a form of disapproval for certain behaviors member against another member of the same clan or group aroused the
that is followed by imposing a penalty. Punishment makes the offender condemnation of the whole group against the offending member.
stigmatized and penalized. The offender may or may not actually suffer,
under the intentional application of punishment, depending on the The group would therefore demand that the offender be punished.
circumstances it is applied and the toughness of the individual offender. When punishment is exacted visibly or publicly for the purpose of appeasing
the social group, the element of expiation is present. Expiation is therefore,
Forms of Punishment group vengeance as distinguish from retribution which is personal
vengeance. Punishing the offender gives the community a sense of its moral
The forms of punishment in primitive society were: superiority, an assurance that virtue is rewarded after all. Hostile action
1. Death penalty against the offender brings about cohesiveness in society. Corporal
2. Corporal punishment punishment in most modern countries has been abolished and the
3. Public humiliation and shaming application of punishment has tended to be withdrawn from the public eye.
4. Banishment. Some segments of society, however, still cling to the belief wrong doing or in
order that punishment be punishment.
Death penalty was carried out by
1. hanging
2. burning
3. immersing in boiling oil
4. feeding to wild animals
5. other barbaric ways. Deterrence
Corporal punishment was inflicted the offender by It is commonly believed that punishment gives a lesson to the
1. Flogging offender; that it shows other what would happen if they violate the law; and
2. Mutilation that punishment holds crime in check. This is the essence of deterrence as a
3. Disfiguration justification for punishment.
4. Maiming.
Cesare Beccaria, an exponent of the Classical School of
Public humiliation and shaming were effected by Criminology and whose writings at the end of the 18th century renovated the
1. the use of stocks and pillery punitive justice system of Europe, contended that the intent of punishment
2. docking stool should not be to torture the criminal or to undo the crime (expiation) but to
3. branding “prevent others from committing a like offense”. He advocated the theory that
4. shaving off the hair, etc. “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
Justifications of Punishment New England state during the 18th Century, theft was punishable by
whipping the offender in the public plaza. The purpose of whipping the thief
The theories or justifications or punishment vary from one stage within the public view was to deter others from committing the same offense.
of civilization to another. The most common justifications of punishment are Public whipping, however, did not diminish the incidence of the theft in that
retribution, expiation or atonement, deterrence, protection and reformation. state.
Retribution
1
 In England during the 18th century, pick pocketing was one of fifty prison for a short time, from 3 to 5 years only, society’s interest can best be
offenses punishable by hanging. The offender was hanged on a Sunday served by helping the prisoner become a law-abiding and productive citizen
afternoon in order to draw the largest number of spectators. The hanging upon his return to the community by making him undergo an intensive
would be preceded by a brass band playing in the morning until in the program of rehabilitation in prison.
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 Theoretically, imprisonment for reformation is sound, but
executed. On this same occasion professional pick pocketers were busy practically, rehabilitation is difficult to achieve. Some prisoners are reformed,
plying their trade in the crowd. The multitude that came to view the hanging but about 50% get relapses. Failure to reform prisoners may be due to poor
were there to see how the offenders withstood their fate, how callous they administration of the reformatory program, or it may lie in the make-up of the
were, and how they would react to the jeers and chastisement of the crowd. criminal population.
In some instances punishment undoubtedly has a deterring effect. For the
great mass of infractions of the law, however, the fear of punishment does Probation, which is a substitute for imprisonment, and parole
not enter into the causation. which an early release from prison, are intended to reform the offender. A
new concept of correctional administration has developed, thus reformation
The conception of deterrence presumes that the person thinks and rehabilitation are now thought of as “treatment”. Treatment through
before he acts and that all he has to do is to think of the consequences and institutional programs and through probation and parole services is the
then he will be deterred. Actually this is not so because offenders commit modern version of reformation and rehabilitation.
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 Limitations of Punishment
punishment, namely, the behavior of the moment type involved in crimes of
anger and passion; and the type of offender whose antisocial behavior is Punishment has certain limitations on the offender, in spite of the
connected with his personality pattern and is part of his approach to life as above-enumerated justifications, are:
exemplified by the psychopathic offender and the neurotic offender.
1. Punishment makes the criminal cautious about concealing his
There is no doubt, however, that some types of offenders, criminal activities
particularly first offenders, can be stigmatized by the lightest form of 2. Stigmatizes him and isolates him from society; makes him a
punishment. To others more inured in crime; going in and out of penal martyr or a hero; and develops in him an antisocial grudge and a
institutions does not deter. strong resentment of authority.
3. Punishment on the other hand does not deter; does not repair
Protection damage to society; or reconstruct the personality of the offender.

Protection as a justification of punishment came after prisons, Trends of Punishment

were fully established. People believe that by putting the offender in prison,
society is protected from his further criminal depredation. If this were so, The principal trends of punishment are in the development of
vicious and society is protected from his further criminal depredation. If this exemptions, pardon, and communications; the decline in the severity of
were so, vicious and dangerous criminals should be made to serve long punishment; the growth of imprisonment and its modifications; good time
terms of imprisonment. Recidivism and habitual delinquency laws are allowances; indeterminate sentences; suspended sentence and probation,
expected to attain this end. conditional release, parole, short sentences, and fines.

How effective is protection as justification of punishment? Or how Exemptions of Punishment

effective is imprisonment as a means of protecting the community against
crime? The basis for exemptions is usually social. In Europe, Kings and
Rulers in ancient and early modern society could do no wrong. Upper
According to statistics, the prison population of the Federal classmen were often times exempted from criminal liability for offences,
Bureau of Prisons and the Correctional Departments of Minnesotta and which caused the commoner long imprisonment or death penalty.
Washington DC represent a very insignificant portion (only 3.5%) of the
whole criminal population. Ninety-six and five tenth percent (96.5%) of Most countries today do not punish offenders for absence of “mens
crimes reported to the police remain at large. These figures do not include rea”, that is absence of a guilty mind or lack of criminal intent. The right of
crimes not reported to the police, the volume of which is unknown. sanctuary was practiced in the early Christian era. The benefit of clergy was
Therefore, from these data we can conclude that imprisonment cannot originally given to clerics who did not wear ecclesiastical robes from being
protect society from crime. Even if all convicted offenders were kept in prison tried by lay courts but only by ecclesiastical courts. Latter the privilege was
for life, still the 96.5% who are at large will continue to plague society. Also, extended to anyone who could read and write. Age of the offender was
imprisonment as an end of punishment is not tenable because prisoners are another basis for exemption from criminal responsible. Under juvenile
released within a short period of confinement. Statistics show that their delinquents are not legally classified as criminals.
average stay inside prison is from three to five years, after which they are
again ready to commit further crimes. The mental condition of the offender is another basis for exemption
from criminal responsibility. The M’Naghtan case of England (1843) held the
Reformation 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
This is the latest justification of punishment. Under this theory, not have known right from wrong. This doctrine holds true in every
society can best be protected from crime if the purpose of imprisonment is to progressive country today. Reformist would want the criminal insane, such
reform or rehabilitate the prisoner. Advocates of this theory contend that as the criminal psychopaths and criminal neurotics, handled by special laws
since punishment does not deter; in as much as imprisonment does not and procedures in courts and to provide specialized mental institutions for
protect society from further commission of crimes because the greater their care. There is now a move that in cases where the plea is “ no
portion of the criminal population is at large; and because prisoners stay in responsibility” because of insanity or mental disturbance, juries should be

2
concerned only with the problems of establishing guilt and that a panel of serious abuse and injustice. In early American times there was a strong
experts appointed by the courts; should determine the disposition to be religious motivation behind the reform movement and for the aid of released
made of the case. prisoners. The very significant reform instituted by the Quakers in
Philadelphia as well as the somewhat conflicting efforts of Louis Dwight and
Pre-Classical Theories of Punishment his society in Boston evidenced religious influence, though the former were
philosophical in origin. But though animated by a kindly Christian spirit, these
After the demonological era in which ideas were ancient and reform movements were not concerned with understanding the criminal.
barbaric as to treating criminal offenders, man was able to ponder himself on Moreover, these religious reformers though of the process of reform as a
humanistic ideas of dealing with people and the society as a whole. process of getting right with God rather than of seeking social conditions
which would prevent the recurrence of crime.
Secular Theory

When men began to live in simple communities, the history of The Classical School of Penology
punishment for wrong doings began, but criminology, which is man
systematic attempt to explain crime, was still unknown. Man has always The classical theory came about as a direct result of two
been concerned with the effort of solving the crime committed in his midst influences:
rather than seeking an explanation for the occurrence of crime.
1. It came about as a protest against the abuses and discretionary
The first attempt to explain crime was made by the Athenian power of judges
philosopher, Aristotle. In his book “Nicomedean Ethics”, he discusses 2. It was also influenced by the philosophical school of Rousseau
corrective justice, thus – “punishment is a means of restoring the balance
between pleasure and pain”. This philosophy of individual determinism that Cesare Beccaria of Italy in his book, “Crime and Punishment,”
existed up to 400 B.C., was another form of the so called “free-will theory. It published in 1764, bewailed over the cruelties and inequalities of the law and
implied a notion of causation in terms of free choice to commit crime by the courts of his time. He holds that justice consists of equal treatment of all
rational men seeking pleasure and avoiding pain. criminals for like offenses, whereas, the courts of the day were dealing
unequally with criminals according to their rank and influence. Beccaria
According to Aristotle, “corrective justice is a means whereby the would have the legislature, not the court, determine the exact punishment
loss suffered by the wronged man is compensated. Suffering by the offender appropriate to each crime. No discretion would thus be left to the judge.
restores the balance between the injured and the transgressor.
Beccaria’s protests were directed against:
The Judean—Christian Theory 1. Arbitrary penalties given by the judges
2. Uncertainty and obscurity of the laws
Following the Secular Theory of punishment was the Judean or 3. Defects in criminal procedure in a admission of testimonies
Christian Theory, which was at its fullest development during the death of 4. Secret accusations
Christ in 30 A.D. This theory of expiation believes that punishment has a 5. Torture
redemptive purpose of repelling sin advocated by the devil. 6. Incrimination of witnesses
7. Long pending cases
Rise of the Canonical Courts - A system of trial and punishment 8. Abuse of power by rich against the poor, etc.
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 Jeremy Bentham of England, another exponent of the classical
with determining of guilt as with saying that the proper religious ritual that school, also holds that society must reward those who accept responsibility
observed by private parties in settling private disputes. In the early Christians and punish those who do not, thus bringing pleasure and pain into the
era, the Church forbade its adherents to resort to state courts and later in the service of society.
Medieval Period the power of state courts declined and the power of
Canonical Courts increased. Criminal Courts distinct from civil courts and The philosophy of the Classical School
separate from the administration of government had their origin in the
Roman Republic some two centuries before Christ and became firmly The classical school holds:
established under the empire. The theory of punishment under the church
court was mainly reformatory in purpose. 1. That man is a free moral agent, and that every act of man is of his
free will and accord;
Individualization of Punishment - The lawmakers and judges had 2. That every man is therefore responsible for his acts;
the practical task of making and administering law not only in the light of 3. That crime can be expiated only by punishment and
such theories of free will and responsibility, but also face to face with the 4. That the law, not the judge, should determine the punishment to
indignation of the community at a particular offense. be attached to the criminal act, and should provide a scale of
punishments to be applied equally to all persons committing the
Abused of Judicial Individualization - The law gave judges wide same crime.
direction to impose additional properties in view led to the circumstances.
This theory gave the judges tyrannical power that led to abuses. Class Advantages of the Classical School
discrimination in the administration of justice arose. The Hebrew right of
sanctuary and the medieval truce of God were religiously motivated by 1. It was easy to administer – The judge was only an instrument to
limitations on punishment. Yet such practices as expiation and penance apply the law.
demanded punishment as a process of balancing account with God. The 2. It eliminated the arbitrary sentence.
infliction of the punishment became a sort of religious ceremony. The
canonical courts introduced the modern principle of individualization, but not Disadvantages
on scientific grounds, and this very unscientific individualization led to
3
 1. It was unfair – It treated all men as mere digits without regard to Results if the Italian School
difference in individual natures and circumstances.
2. It was unjust – It made first offenders and recidivists equally 1. Emphasis shifted from legal; metaphysical and juristic abstraction
punished. to a scientific of the criminal and the conditions under which he
3. It did not individualize punishment. commits crime.
4. It was the magna carta of the professional criminal in that he 2. Treatment began to be based from study of the criminal.
knew what was coming to him and could calculate the risk. 3. The old purpose of punishment was changed –
5. It considered only the injury caused, not the state of the mind and 4. Retribution was eliminated.
nature of the criminal. 5. Deterrent effect theory modified – does not apply to those who
could not foresee consequences.
The Neo-Classical School of Penology 6. Rehabilitation re-emphasized but applied with discrimination to
certain classes.
Influenced by the French Revolution and the Quakers of the New 7. Protection of society is open to be the primary purpose of
England states, the Neo-Classical School, was advocated at the beginning of treatment.
the 19th century. The French Code of 1819, the principles of the classical 8. Prevention of crime by early treatment of juveniles
school remained intact but the system of defined and variable punishments
was modified. The judge was given direction in certain crimes to vary The Modern Clinical School of Penology
punishment between the maximum and the maximum fixed by the law.
Under the Code the judge could not admit extenuating circumstances. This theory advocates the study of the criminal rather than the
crime. This school is interested primarily in the criminal himself in order to
The Classical Theory remained intact in its theory that “every determine the conditioning circumstances that explain his criminality and in
person equally free and therefore equally responsible.” Since the publication order to obtain light upon the problem of how he should be handled by the
of the French Code of 1819, the struggle has been to individualize the social group. While Lombroso emphasized on the physical characteristics,
punishment by setting up varying degrees of responsibility. The Neo- Ferri – Garafalo emphasized the psychological and social factors, the
Classical School admitted extenuating circumstances in the criminal himself. Clinical School emphasized the psychological and social factors, but in terms
It admits too that minors are incapable of committing crime because they provided by the new knowledge furnished by the later psychology and
have not reached the age of responsibility. And it also admits that certain sociology.
adults are incapable of committing crimes because of their conditions they
are not free to choose. Emphasis on social psychology – the influence of interaction
between individuals, and groups, and the relationships between emotional
Result of the Neo-Classical theory balance and intellectual integrity are considered.

1. Exempting circumstances admitted The Modern Clinical School advocates the idea that the criminal is
2. Reduction of punishment for partial freedom of the will – only the product of his biological inheritance conditioned in his development by
partial responsibility the experience of life to which he has been exposed from early infancy up to
3. Punishment was mitigated for lack of full responsibility the time of the commission of the crime. It also suggests adapting the
4. It represented the reaction against the severity of the classical treatment of each individual in accordance with the diagnosis obtained by
theory of equal punishment irrespective of circumstances scientific study of the criminal. This school entirely repudiates retribution,
expiation and intimidation. It gives a new content to the old terms of
The Italian or Positivist School of Penology deterrence, reformation and protection.

Cesare Lomroso’s “The Criminal in Relation to Anthropology,

Jurisprudence, and Psychiatry” was published 100 years from the publication DEVELOPMENT OF MODERN CORRECTIONAL CONCEPTS AND
of Beccaria’s book, “Crime and Punishment.” Lombroso, in his book, sought STANDARDS
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 As previously stated, the earliest forms of punishment were death,
which the former was tattooed and by the decency of the designs. In torture, maiming, and banishment. The jail was introduced in Medieval
studying the insane, the patient, not the disease, should be the object of Europe as a place of confinement of persons arrested and undergoing trial,
attention. and for those convicted of minor offenses such as vagrancy, gambling and
prostitution. Death, corporal punishment and banishment were the penalties
Enrico Ferri was born in Italy in 1856. Ferri advocated the “Theory for offenses, which today are punishable by imprisonment. Later, convicted
of Imputability and the Denial of the Free Will” in 1878. Ferri contributed to offenders were chained to galleys to man the ships of war. England, France
the emphasis of the social factors such as and Spain used transportation system of punishment by indenturing their
convicts to penal colonies where they served as slaves until they completed
1. Physical factors, including geographical, climate, temperature, the service of their sentences.
etc.
2. The anthropological factors including psychological factors Transportation of offenders to penal colonies was practiced
3. The social factors, including economics and political factors as principally by European countries that had acquired distant colonies because
well as age, sex, education, religion. of the need to import labor into these colonies. England more than any other
imperialistic country in Europe, made extensive use of transportation.
Rafaele Garofalo was born in Naples in 1852, from parents of England began transporting prisoners in 1718, by sending her convicts to the
Spanish origins. Garofalo thinks that crime can be understood only as it is American Colonies until the American Revolution. When the colonies
studied by scientific methods. The criminal is not a free moral agent, but is obtained their independence, England diverted her convicts to Australia and
the product of his own traits and his circumstances. New Zealand. England abandoned transportation of prisoners in the last half

4
of the 19th century, after much agitation and protests on the part of the One of the most famous contributors to the reformatory
colonies. movement was Sir Walter Crofton, Chairman of the Directors of Irish prisons.
In 1856, Crofton introduced the Irish System, similar with that of
Development of Prisons Maconochie’s Mark System, latter on called the progressive stage system.
The first stage of the Irish system was solitary confinement for nine months
Prisons evolved as a substitute for transportation, exile, public at a certain prison. The prisoners at this stage were given reduced diet and
degradations particularly corporal punishment, and the death penalty. In this allowed monotonous work. The prisoners progress to a more interesting
United States where prisons were first established, imprisonment was work, some education, and better treatment toward the end of the first stage.
introduced as a substitute for corporal punishment and death penalty when, The second stage was an assignment to the public works at Spike Island.
by the provision of the Pennsylvania Reform Law of 1790, corporal The prisoner worked his promotion through a series of the grades, according
punishment was abolished and the list of offenses punishable by death was to a mark system, and wore a badge of distinction to show his status. The
reduced to only one offense – that of first degree murder. As the United purpose of the mark system and the progression through grades was to
States and Europe curtailed the use of the death penalty, prisons and shorten the length of stay. In the third stage the prisoner was sent to Lurk or
penitentiaries were constructed to take care of the unexecuted and Smithfield. Which was a sort of preparation for release. Here, the prisoner
unpardoned criminals. Long sentences required prisons and penitentiaries without custodial supervision and was expose to ordinary temptations of
that were not places of detention for those awaiting trial or short sentences freedom. The final stage was the release on supervision under conditions
but for lengthystayof offenders convicted of serious crimes. equivalent to present day parole. The important then to remember in the Irish
system is that Crofton attempted to place the responsibility for self-
The Auburn and Pennsylvania System improvement on the prisoner himself through successive stages.

Two rival prison systems appeared in the scene during the early In 1876, the New York State Reformatory at Elmira opened with
history of imprisonment, namely, the Auburn and the Pennsylvania prison Zebulon Reed Brockway as superintendent. Brockway introduced in Elmira a
system, established in 1819, and 1829, respectively. The features of the new institutional program for boys from 16 to 30 years of age. The new
Auburn system were confinement of the prisoners in single cells at night and prisoner was classified as second grade and was promoted to first grade
congregate work in shops during the day. The features of the Pennsylvania after six months of good behavior. Another six months of good behavior in
system were confinement of the prisoners in their own cells day and night. the first grade qualified him for parole. If the prisoner committed a missed
Both the Auburn and Pennsylvania systems observed complete silence. conduct he was demoted to third grade where he was required to show good
States of the United States, which constructed their prisons, patterned them conduct for one month before he could be reclassified to second grade. The
after the Auburn prison system, while European countries adopted the Elmira system was based on the indeterminate sentence and parole. Elmira
Pennsylvania system. had all the elements of modern correctional system, so that this institution is
often referred to as the forerunner of modern penology.
The Reformatory Movement
In England, Sir Evelyn Ruggles Brise, Director of English prisons,
There was no significant progress in prison work worth after visiting Elmira in 1897, open a Borstal Institution near Rochedi, in Kent.
mentioning until the middle of the 19th century. Most of the prisons The Borstal Institution of England is today considered best reform institutions
established between 1819 and 1870 were constructed on the basis of a for young offenders.
program espousing the punitive philosophy, the features of which were mass
treatment, enforced silenced, idleness, regimented rules and severe A Golden Age of Penology
punishment.
The period from 1870 to 1880 was called the “Golden Age of
In Europe, several penal administrators can be mentioned as Penology” because of the following significant events:
among those who contributed to the progressive development of the
reformatory system. Manuel Montesimos, who was the Director of the 1. In 1870, the National Prison Association, now American
prisons of Valencia, Spain, in 1835, divided prisoners into companies and Correctional Association, was organized and its first annual
appointed prisoners as petty officers in charge. Academic classes of one Congress was held in Cincinati, Ohio. In this Congress the
hour a day were given all inmates under 20 years of age. Association adopted a “Declaration of Principles,” so modern,
comprehensive in scope that when it was revised in the prison
Domets of France established and agricultural colony for Congress of 1933, few amendments were made. Since founding
delinquent boys in 1839. The boys were housed in cottages with house the Association has held annual congresses of corrections in has
fathers as incharge. The system was based on re-education rather than taken active leadership in reform movements in the field of crime
force. When discharge the boys were place under the supervision of a prevention and treatment of offenders.
patron. 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,
In England, Alexander Maconochie, superintendent of penal the International Penal and Penitentiary Commission , an inter-
colony at Norfolk Island in Australia, introduced a progressive humane governmental organization was established in 1875 with head
system to substitute for corporal punishment – the Mark System. When a quarters at The Hague. The IPPC held international congresses
prisoner earned a required number of marks, he was given his ticket of every five years. In 1950, the IPPC was dissolved in its functions
leave, which is the equivalent of parole. Maconochie introduced several were transferred to the Social Defense Section of the United
other progressive measures, which aimed at rehabilitating prisoners. He Nations.
introduced fair disciplinary trials, built churches, distributed books, allowed 3. The Elmira Reformatory, which was considered as the forerunner
plays to be staged, and permitted prisoners to tend small gardens. For his of modern penology, was opened in Elmira, New York in 1876.
progressive administration of prisoners, Maconochie should be considered The figures of Elmira were a training school type of institutional
one of the fathers of modern penology. Maconochie is considered the program, social casework in the institution, and extensive of
“Father of Parole System”. parole.

5
 4. The first separate institutions for women were established in notoriously known for backwardness in prison administration, undertook
Indiana and Massachusetts. progressive reforms with Texas taking the leadership in 1947. Texas
reorganized its penal system, built new institutions, and employed
The Decline of the Reformatory Movement professionally trained personnel. Other states included in the reform were
Alabama, Louisiana and North Carolina.
The Reformatory system movement subsided gradually following
the opening of Elmira because of the founders’ lack of faith in the Another notable achievement in the correctional field after World
effectiveness of the program. The defect of the system was laid on the lack War II was the progress attained by the State of California. In 1944, the
of attempt to study criminal behavior from which to base treatment. By 1910, California Prison System was reorganized into the California Department of
it was generally conceded that the reformatory system of the United States the Corrections with a Commissioner of Corrections as head. Also include in
was a failure in practice. It was not until 1930 that the reformatory idea was the reorganization was the establishment of the Reception and Guidance
revived as the direct result of the revamp of the educational program of the Center, a new type of institution for the study of the prisoner and preparation
Elmira Reformatory. of his treatment and training program in prison. More penal institutions were
constructed and all the institutions within the system were classified
The Industrial Prison Movement according to program specialization and degree of custody of inmates
confined therein. From then on, the California Department of corrections
The Industrial Prison movement succeeded the Elmira assumed leadership in correctional work.
Reformatory movement. The U.S. Commonwealth preferred the Auburn
prison system to the Pennsylvania prison system because of its congregate In contrast to the programs attained in the field of correction, two
work program. The value of prison labor began to be recognized in every problems plagued the systems, namely; idleness in prison and the
prison system because of contribution that the work program gave to the deplorable conditions existing in county jails. The war efforts in prison proved
finances of the institution. As the economic problem during the depression that prisoners had the willingness and ability to work, but due to lack of
years became more acute, the need for more income from the operation of employment facilities, a bigger portion of the prison population remained idle.
the work programs in prison became more deeply felt. State governments While prisons and other correctional institutions have reached a considerable
could hardly afford to provide the funds with which to run the prisons degree of progress up to the 1950’s the reverse is true with respect to jails.
because of the economic depression that hit the United States before and in The jails had remained as an institution most resistant to change.
the early 1930’s. The operation of industries inside penal institutions was
therefore, considered a noble innovation that held support the prisons. The most recent developments in correctional system are the
Nearly every prison, therefore, was converted into a factory engaged in the diversification of adult penal institutions and the individualization of treatment
manufacture of articles that were sold in the open market for profit. and training of prisoners. State correctional systems have adopted
California’s today, no prison system that has for its aim the rehabilitation of
At about this time, it was observed that there was a sudden prisons can operate effectively without these programs.
increase of criminality in the United States. Some people attributed the
increase of criminality to the depression. The United states Congress The Manual of Correctional Standards issued by the American
created a Congressional Committee were that the rise in criminality was Correctional association states: “The essential elements of a well-rounded
caused by the increase in recidivism and repeatership in crime, and that the correctional program of individualized training and treatment in an institution
increase in recidivism and habitual delinquency was attributed to the for adult offenders include the following: Scientific classification and
abandonment of the rehabilitation program in penal institutions in favor of the program-planning on the basis of complete case histories, examinations,
operation of industries. As a remedial measure, Congress passed a law in tests and studies of the individual prisoners; adequate medical services,
1934, which in effect, prohibited the sale of prison-made articles to the having corrective as well as curative treatment as their aim, and making full
public, and limited their use to government-owned institutions and agencies. use of psychiatry; psychological services, properly related to the problems of
This law put an end to the Industrial Prison Movement. education, work assignment, discipline and preparation for parole; individual
and group therapy and counseling, and application of the therapeutic
The Classification Movement community concept, under the direction of psychiatrists, psychologists, or
other trained therapists and counselors; casework services, reaching families
The reorganization of the Federal prison system in 1930 started as well as prisoners; employment at tasks comparable in variety, type and
the movement for modern correctional reforms. A Federal law created the pace of work of the world outside, and special tasks with vocational training
Federal Bureau of Prisons and placed a director as head of the system. As a value; academic and vocational education, in accordance with the
result of the reorganization, the penal institutions, which were formerly individual’s needs, interests, and capabilities; library services, designed to
administered independently by their respective wardens, were placed under provide wholesome recreation and indirect education; directed recreation,
the centralized jurisdiction of the Federal Bureau of Prisons. Professionally both indoors and outdoors, so organized as to promote good morale and
trained personnel were recruited for the prison service and the rehabilitation sound mental and physical health; a religious program so conducted as to
program of the institutions was accentuated. 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
World War II had its significant effects in the correctional field. free life, not merely conformity to institutional rules; adequate buildings and
Institutions became seriously undermanned because personnel of all levels equipment for the varied program and activities of the institutions, and above
of the prison service joined the war. On the other hand, civilian crimes all, adequate and competent personnel, carefully selected, well trained, and
decreased. To augment the shortage of civilian manpower, prisoners serving under such conditions as to promote a high degree of morale and
volunteered to work in farms, and factories were established in many efficiency.”
prisons. Spurred by patriotism, prisoners volunteered for painful and
dangerous medical experiments in connection with the war efforts. Development of Probation

Following World War II, significant events marked the period. First Probation started in England with the old practice of suspending
was the wave of penal reforms in the southern states, and second was the judgment and releasing the offender on his own recognizance with the
series of prison riots of the 1950’s. The southern states, which were promise not to commit any more crime. Often times, a surety was required

6
and the guarantor was given the authority to bring back the offender to the problem and of a general pattern of international cooperation in the
court if he violated the condition of his release. In the United States, exchange of technical and practical information. The first international
probation was practice in Boston by John Augustus in 1841. Although the organization in the field was the International Penal and Penitentiary
first probation law was passed in Massachusetts in 1878 it was not until the Commission established in 1875.
passage of the first Juvenile Court law of Cook Country (Chicago) in 1899
that probation was widely used. Today, probation has won public acceptance This organization was responsible for holding international penal
as part of the state correctional system by nearly all counties in the world. and penitentiary congresses every five years. The last congress was held in
The Hague in August 1950. The Commission developed publications;
In the Philippines, Act No. 4221 of the Philippine Assembly studies and international exchange of information, and devoted a great deal
established adult probation, but it was abolished in 1937 after two years of of attention to the formulation of basic or minimum standards of practice in
existence because it was declared unconstitutional in the case of People vs. the treatment of offenders.
Vera, 37 O.G. 164. However, probation for adult offenders was re-
established by Presidential Decree No. 968 that was signed by President The League of Nations limited its scope in the social field to the
Ferdinand E. Marcos on July 24, 1976. problem of traffic of women and children. Gradually the League broadened
Development of Parole the scope its activities in the field and soon assumed responsibility regarding
child welfare. The League organized the Advisory Committee on Social
The first parole law was passed in Massachusetts in 1837. At Questions, which collaborated closely with the International Penal and
about the same time, Captain Maconochie, in charge of the English Penal Penitentiary Commission. From 1925 onward, the League of Nations took a
Colony in Norfolk Island, Australia, introduced a system whereby a prisoner more positive role with respect to penal and penitentiary questions. The
was given a “ ticket of leave “ (the equivalent of parole) after earning a question of the treatment of adult offenders was actually taken up by the
certain required number of marks. Parole was also a feature of the Irish League of Nations in 1930. The League did not create a special unit to deal
Prison system, which was established in 1856. Parole in the Irish System with the prevention of crimes and treatment of offenders. The League,
was based on an indeterminate sentence and the mark system. however, collaborated actively with the ten existing international
organizations specializing in the field and was officially recognized by the
The Elmira Reformatory, likewise, had a limited form of League as “technical organization “.
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 In 1934, the League of Nations adopted the “Standard Minimum
the manner of determining eligibility for parole. It was the general practice to Rules for the Treatment of Prisoners “, drafted by the IPCC. The League
release the prisoner on parole after the prisoner had acquired the required requested all governments to give the greatest possible publicity to the
number of marks or credits. Today, good parole practices base release not Rules; to take the necessary measures in order that they might be observed;
only on the record of work and conduct of the prisoner but also on the and to submit regular reports regarding their application and regarding the
prospective parolee’s successful adjustment to the community. The other prison reforms achieved in the respective countries. The work of the League,
defect of parole then was the lack of supervision of the parolee in the however, was interrupted by the outbreak of the war in 1939. The
community. It is now an indispensable element of parole to provide parole participants in the international activity in the field of crime prevention and
officers to supervise parolees in the field. Hardly can one find a correctional treatment of offenders were restricted to the countries of Europe, North
system without parole this time. America, and British Commonwealth and to a small number of Asian and
Latin-American States.
International Aspect of Correctional Work
The United Nations Program
Countries of Europe, the United States and the Far East had an
interchange and cross-diffusion of methods of criminal justice and penal The Social Commission of the United Nations in the first session
philosophy and practices among themselves as early as the beginning of the in 1946 expressed the view that the United Nations should assume the
19th century. The first interchange of ideas was primarily with reference to the responsibility for international action in the field of crime prevention and
type of physical plant of prison and especially whether it should be individual treatment of offenders. Negotiations between the United Nations and the
or congregate cell and working quarters. 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
In the establishment of the Elmira Reformatory, which is Nations. This plan of integration was approved by the IPCC on August 12,
considered the forerunner of modern penology, Brockway adopted ideas of 1950. The IPCC was actually dissolved on October 1, 1951.
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 The Section of Social Defense is responsible for all functions of
inspired by the new reform methods and incorporated them in the first the Secretariat in relation to the United Nations program in the field of
Borstal Institution established in England. The English Borstal became prevention of crime and treatment of offenders. This section carries out its
models for other European countries and was highly recommended in the duties (including the preparation of studies, the formulation of basic
United States. principles of practice, and the publication of the “International Review of
Criminal Policy“) in close collaboration with the following bodies:
The first juvenile court which established in Chicago in 1899, was
based on principles long used in England, although England put up her own 1. Expert Consultants – The United Nations utilizes the services of
juvenile court some years later when the Child Act of 1908 was passed. competent specialists who are not regular members of the
Secretariat. Consultants are required to carry out their assignments
in close collaboration with the Secretariat.
The International Penal and Penitentiary Commission
2. National Correspondents – By resolution of the General Assembly
The first attempts to achieve international cooperation with on December 1, 1950, member countries were invited to appoint
respect to the prevention of crime and the treatment of offenders were one or more representatives of expert qualifications or experienced
largely the by-product of the development of a scientific approach to the professional scientists, in the field of prevention of crime and

7
 treatment of offenders. The National Correspondents of the United Corrections or the Bureau of Prisons. In the United States, county jails
Nations serve as the Secretariat’s major sources of information on although locally managed, are placed under the supervision of Federal
current developments in the field as well as the major link between Bureau of Prisons. A jail inspection division of the Federal bureau of Prisons
the United Nations and relevant national activities. 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
3. National Working Groups – National working groups have been Philippines, the Director of Prisons similarly has supervisory powers over
established by the secretariat in several countries, intended to form provincial and city jails but his powers are limited in the sense that they are
part of a comprehensive scheme for the channeling of expert advisory and recommendatory only. The prison law provides that the Director
opinion on a national basis. The groups assist the United Nations in of Prisons “shall issue rules and regulations for the government of national
its program of study and action. and provincial prisons or jails”.

4. Regional Consultative Groups – The United Nations provides for bi- Coordination of Institutions and Parole
annual meetings of correspondents in appropriate “ consultative
groups “ in the composition of which ethnic, legislative and Another step toward the fullest practicable coordination of the
customary affinities are to be taken into account. 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.
5. International Groups of Experts – This is a group of seven Parole is the extension of imprisonment. The period served on parole is part
internationally recognized experts. The group acts as an advisory of the same sentence that he serves in the prison. The prison program is
body and advises the Secretary General and the Special directed towards the preparation of the prisoner for parole, and the parolee’s
Commission in devising and formulating policies and programs successful adjustment to the community depends largely on the quality of
relative to the prevention of crime and treatment of offenders. that preparation. Therefore, in order to attain the objective of reforming the
offender, prison ad parole should fall under one department, preferably the
The United Nations has accepted the responsibility for the Department of Corrections or Department of Justice. In California, prison and
organization of World Congresses on the prevention of crime and treatment parole fall under the California Department of Corrections. In the US Federal
of offenders every five (5) years similar to the congresses formerly organized government and in the Philippine government prison and parole are under
by the IPCC Word Congresses in the prevention of crime and treatment of the Department of Justice.
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 Institutions for Juveniles and Youths
addition to the quenquennial World congress, the United Nations has
organized periodic regional technical conferences in the field. The upper age limit for offenders considered as juvenile
delinquents varies from one jurisdiction to another. In some countries, 21
THE SCOPE OF THE CORRECTIONAL PROCESS 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
In recent years, the continuity of the correctional process from the considered mature enough to possess and be able to use all his faculties. In
moment of conviction to the final release from legal control has been countries, therefore, which have low age limits to delinquency category,
stressed. It is recognized that probation, juvenile and adult institutional care, there will be many offenders between 16 and 18 years of age are not yet
including jails and parole are all parts of the same process. mature enough to be confined in institutions for adults. Due to the difference
in philosophy and methods of treatment in juvenile institution and prisons,
Coordination and Direction 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
In the past it was the common notion that the penal system of a separate from the Adult Authority exists. In countries or states, which do not
country was limited to the operation of prisons. Due to the significant have a youth authority program, arrangements can be made legislation or by
progress attained in the field of correctional administration during the last 30 agreements between the departments concerned for the transfer of those
tears, it is now an accepted practice to include probation, juvenile as well as deemed too mature for juvenile institutions to a reformatory for youthful
adult institutions, and parole as integral parts of the state correctional offenders.
system. We now realize that society can be best protected against crime if
the offender is handled by the aforementioned agencies in a continuous Special Institutions and Facilities
coordinated and integrated process, rather than he being dealt with through
successive, independent and loosely coordinated services by the same Penal Institutions under the category of medical facility is of
agencies. Since probation, prison and parole deal with the same offender recent creation. Many states or countries, in diversifying their penal
and use the same techniques and procedures in the attainment of their institutions, have established medical facility institutions, reception and
objectives; it would be more economical to the government if these agencies diagnostic centers and institutions for criminal insane. These special
cooperate closely and integrate their services. Furthermore, subjecting the institutions all fall under the jurisdiction of the state correctional system.
offender to a series of interviews, tests and examination successively and Examples of such type of institutions are the California Medical Facility at
repeatedly by these agencies will only increase his bewilderment and Vacaville and the Federal Medical City at Springfield, Missouri. The Medical
confusion and cause him to lose faith in the sincerity of the authorities to help facility at Vacaville performs the dual function of a reception-diagnostic
him get rehabilitated. Therefore, in as much as all agencies having anything center for new prisoners and a treatment center for prisoners who are
to do with the offender have but one objective to protect society against suffering from chronic diseases and the invalids. The Facility at Springfield,
crime – these agencies should consult each other and integrate their Missouri serves also as reception-diagnostic center for Federal prisoners
activities in order to attain their objectives effectively and with the least coming from the area, and as an institution for the treatment of narcotic or
expense and effort. drug addicts, criminal insane and invalids.

The State Department or Bureau of Corrections should be vested Coordination of Probation and Parole
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
8
 The nature of probation and parole services is essentially the Boards of Control – The board of control are functioned in at least
same. Probation and Parole services attempt to held the convicted offender five states: Iowa, Montana, Nebraska, North Dakota and West Virginia. The
adjust himself in the community as a law-abiding and productive member of principal arguments against the Board of Control type of administration are
the society. Both agencies use the same techniques and procedures in that decisions are often based on compromise, action is slowed down, and it
helping their wards. Administratively, however, both services at are opposite is difficult to fix responsibility in cases of errors and misadministration.
poles. The granting authority in probation is the judge. Probation therefore is
a judicial function. The staff that screens candidates for probation belongs to Centralized Boards or Prison Commissions – Centralization of
the court. With respect to parole, the authority that grants parole is a Board, administration in a board is utilized in nine states: Florida, Idaho, Kansas,
which is under the executive branch of the government. Under the theory of Maryland, Oklahoma, South Carolina, South Dakota, Texas and Utah. These
separation of powers, therefore, probation and parole cannot be placed boards vary in size of membership from three to six or more persons. They
under one department administratively. However, the supervisory function of are appointed by the governor and serve either part time or full time. In some
parole and probation over their wards can be assigned to one agency. The instances, one of the members assumes the chairmanship and functions as
Federal government of the United States has this arrangement-the field chief administrator of the correctional program. The criticisms against these
supervision of probationers and parolees are done by probation officers. boards are that their membership is frequently nonprofessional, their
decisions are slow and based on compromise, and responsibility is diffused.
THE ADMINISTRATIVE ORGANIZATION OF A STATE CORRECTIONAL
SYSTEM Divisions Within a State Department - Experienced administrators
generally agree that plural executives (boards, commissions etc.) are
During the early period of state correctional activity, prisons were unsatisfactory for purposes of efficient administration. There is no unanimity
regarded as local institutions and each was separate and independent entity. of opinion, however, as to whether corrections should be established as an
Local boards of trustees were appointed by the governor to advise him on independent, separate state department or integrated in a larger department
policies and administration. These unpaid boards frequently choose the of institutions or welfare. Where the correctional problem is big, both in terms
warden and supervised his administration. The abuses of power vested in of prison population and number of institutions, a separate state department
local board of trustees in the matter of awarding prison labor contracts led to seems advisable. Integration within a state department of welfare is
the abolition of the board of trustees. With the increase in the number of suggested for smaller states by the American Correctional Association in its
institutions, the need for coordination of institutional activities became manual on suggested standards for correctional administration. Fourteen
apparent, resulting in the creation of central state boards. Originally, the states have their correctional program administered as a division within a
centralized state boards coexisted with the local boards, exercising over-all larger department. These states are Illinois, Minnesota, New Jersey, Ohio,
supervision and restraint over the latter. Later, the centralized state boards Pennsylvania, Wisconsin, Kentucky, Louisiana, Maine, Rode Island,
performed added administrative functions and to a large extent, displaced Tennessee, Vermont, Washington and Wyoming. In Illinois, penal institutions
the local boards of trustees. They were usually known as “state boards of are administered by the Department of Public Safety. The correctional
charities and corrections. “ The members of the centralized state boards functions are administered by a division of prisons. A division of correction
served without pay and were appointees of the governor. They visited state acts as the parole board and consists of the superintendent of prisons,
prisons and advised the governor with regard to administration and policy, superintendent of crime studies are headed by a criminologist, which
bringing greater coordination than had previously existed. supervises the direction of the study and classification program, and the
medical program.
The creation of state boards of control was the third step in the
increasing centralization of correctional administration. They were composed The basic objections of the division within a state department type
mainly of paid, fulltime members, with far more comprehensive of administration, is that there is likelihood that the correctional phase of the
responsibilities than previous boards. Their responsibilities included the program will be subordinated to other activities of the larger department.
selection of sites for new institutions, the direction of care and treatment Adequate funds are more difficult to procure. A division within a state
programs, the enunciation of institution policies, and the purchase of department tends to thwart the development of a coordinated correctional
supplies. Their primary interest however, was in the fiscal aspects of program.
institutional management.
Separate Department of Corrections – Undoubtedly the most
Present-day Organizations – There is high degree of diversity in refined administrative organization for corrections is the separate department
the administration of state administration for corrections. with a single executive. There are nine states with separate departments;
Alabama, California, Georgia, Massachusetts, Michigan, Missouri, New York,
Local Boards of Trustees – Local boards of trustees still exist in North Carolina and Virginia. The central office is organized to provide a
seven states, namely: Connecticut, Indiana, Arkansas, Delaware, division of responsibilities among members of the staff. In a few states all
Mississippi, and New Hampshire. The criticism against local boards of adult probation and parole functions are administered by the central
trustees is that their knowledge of corrections is limited. Because they are department. The California Department of Corrections is normally composed
composed of persons who are usually have fulltime personal obligations to of the director of corrections, the board of corrections, the Adult Authority,
fulfill in other fields, these boards suffer from infrequency of meetings; the Board of Trustees of the California Institution for Women, the Youth
important decisions are delayed, and ineffectual administration is the result. Authority. The central office staff includes three deputy directors, one
responsible for coordination of the central office staff, one responsible for
Ex-Officio Boards – Four states in the United States have their fiscal and property functions, and the other, for crime studies, research and
correctional program managed by ex-officio boards, which include the correction coordination of all levels of government within the state.
governor, state treasurer, and other members of the governor’s staff. The Professional leadership in the integrated department allows for the orderly
reason behind ex-officio boards is that they are less expensive to operate. development of correctional activity. It is by far the most satisfactory
The defect of the ex-officio board is that meetings are infrequent because of administrative organization developed to date.
the vast activities of these officials in their regular jobs. This form of
administrative control is used principally in states with few correctional
institutions.

9
 The Philippine prison system is patterned after the Federal Organizational Subdivisions – The institution should be managed
Bureau of Prisons of the United States. It is a bureau within the Department by organizing like functions under major administrative subdivisions.
of Justice. However, the grouping should be based on the functions and number and
kinds of inmates, and the nature of the institutional program. The program
THE ADMINISTRATIVE ORGANIZATION OF AN INSTITUTION directs both custody and treatment, thus better coordination and integration
of all functions are possible when within one division under one manager.
The organizational structure of a prison depends on the objectives Besides, the personnel, both custodial and treatment, are organized into
of the agency. Prisons are no longer places for retributive punishment of the treatment teams for supervision of inmate groups of a practical size, thus
offender but for his rehabilitation. The best organizational structure of a personnel really know the inmates for control and treatment purpose.
prison, therefore, is one that serves to carry out the program of rehabilitation.
The organizational structure should be based on principles of
Single Administrative Officer – A prison or correctional institution sound management. The number of division heads responsible and reporting
should have only one administrative head called superintendent or warden. to the warden should be small. This injunction should also apply to lower
Many of the early penal institutions in the United States were administered levels in the organizational structure.
independently by a board composed of three members: Experience of these The typical prison or correctional institution has five distinct
institutions has proven that decision making by a Board requires a lot of subdivisions, namely, business management or administrative, custody,
discussion and other consideration, hence actions are very much delayed. It classification and treatment, production and medical.
has been proven that leadership under a professionally trained prison
administrator is dynamic and efficient. All prisons and penal institutions are The business management or administrative division of the
now headed by warden or superintendents. The Superintendent or warden institution is charged with the function of personnel including the recruitment
should be given a wide discretion to run his institution within the framework and training of personnel. It is also responsible for the procurement of
of the law, rules and regulations. supplies and materials, plant maintenance and other administrative services
of the institution.
The successful administration of a prison depends largely on the
personality and leadership of the warden. It is therefore important that he The custodial division takes charge of all matters pertaining to the
should be a man of unusual capacity, not only in the general field of custody of prisoners and security of the institution. This unit is headed by an
administration but also in the more specialized aspects of correctional assistant warden or assistant superintendent. The custodial groups
administration. A superintendent or warden, before he is appointed as head constitute the bigger number of the personnel in a maximum or medium
of the institution, should have a minimum of five years of experience in a security prison. There are five or six levels of rank in the custodial force.
subordinate position of responsibility in a similar organization. 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
The five important responsibilities of the head of an institution are Prison Guard (equivalent to the sergeant). Equivalent to the commissioned
as follows: 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,
1. Decision Making - is important in the prison setting. The warden guard houses and gates. Also, he escorts prisoners to work in projects, to
limits his role to considering policy matters and major problems. He courts and other places outside the prison when such leave is duly
delegates with confidence, to well trained subordinate executives, authorized. The senior prison guards take charge of a squad or group of
sufficient authority for management of daily operations in line with guards in a work detail or escort detail. They are also assigned to man
established policy. 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
2. Control prison operations and activities - It has always been details or several posts within the perimeter of the institution. The security
important to insure that the program and policy are carried out and officers are assigned as commanding officers of the three shifts of guards,
avoid mismanagement by incompetent personnel or by individual or morning, afternoon and night shift, and the Escort Company or platoon. The
group of inmates getting into positions of power. The warden head of the custodial force is a Security Officer III or Captain. He holds the
depends more on sound organizational planning, written manual rank of an associate warden.
policies and procedures, and an effective communications system
than controlling operations by constant personnel inspection of all The organizational set up of other subdivisions, namely, the
areas and frequent contact with all personnel and a large number administrative, classification treatment, production and medical does not
of inmates. follow the military pattern, but there are various supervisory levels typical of
civilian organizations. In the management of the prisons or correctional
3. Public Relation - The warden today provides leadership to involve institutions, the principles of management applicable to any organization or
all personnel in a program aimed at gaining public understanding, agency hold true. Some of the fundamental principles are the following:
goodwill and community acceptance.
1. The organizational framework of the prison should be planned to
4. Personnel Program - It is the warden’s responsibility to provide group together like functions, services and activities to facilitate
leadership and assign responsibility for recruitment, selection, personnel treatment.
training and supervision of personnel. 2. The organizational subdivisions should clearly indicate through the
chain of command appropriate levels of authority and
5. Executive Leadership - must be constantly demonstrated by the responsibility.
administrative head. He must offer leadership and motivation to his 3. There should be a booklet of rules and regulations and operating
staff in his personal drive, knowledge and sincerity of purpose and procedures to guide the personnel.
must tie together all programs or discipline in cementing a 4. A program of personnel and development must be maintained to
meaningful administrative course. include analysis, description and classification of positions,
recruitment and selection, in-service training and promotion.

10
 1. Diversification by Age – It is generally accepted practice that boys
THE PHYSICAL PLANT and girls under the age of 18 should be segregated from the older
group. Special institutions or reformatories have been developed
The study of the structural designs of prisons since the first prison for the age group from 17 to 25 or 30. The older group should
was established reveals the physical plants of institutions have changed in probably be classified on the basis of factors other than age, with
accordance with the changing philosophy of penal work. The early prisons one possible exception, that is, that a special institution for the
were constructed as strong and as escape proof as could be suit the aged, infirm and non-employable prisoners may constitute a
purpose of imprisonment which was then penitence. Modern trends of special institution.
correctional administration encourage the use of open institutions in line with
the present concept of rehabilitation as the objective of the correctional 2. Diversification by Sex – There is a general agreement on the
system. principle that women prisoners should be kept in special buildings
located on the same site with the men’s prison, in some cases, on
The Philosophy, the Program and the Plan top floor the administration building, and similar unsatisfactory
arrangement.
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 3. Diversification by Degree of custody – Correctional institutions are
and functions of the hospital program as easily and efficiently as possible. mostly diversified on the basis of degree of custody, among which
Many prisons have been built with little regard to changing philosophy and are the following:
changing program needs.
a. Super Security Facility - A small portion of any prison
The traditional concept of prison being a place for punishment population consists of incorrigibles, recidivists, escape
and making prisoners work at hard labor has been replaced by the present artists, and chronic troublemakers. This category of
concept that the loss of liberty by confinement in an institution constitutes the prisoners should be confined in a unit or institution
penalty. While the penalty is being served in prison, there should be carried separate from the general population. The number,
an intensive program of training and treatment aimed at the ultimate usually does not constitute 10% of the whole
rehabilitation of the inmate confined therein. population, is small so as not to justify their
confinement in a separate prison. Ideally they should
The physical plant of big prisons in the past has always be confined in a super maximum type of prison, like
handicapped the rehabilitation work of the administrators. The fundamental Alcatraz, where escape is quite impossible. However,
characteristics of prison architecture lag far behind from the progress that the expense of maintaining an Alcatraz type of
correctional ideals and techniques have developed. The goals of correctional institution is great, considering the need for heavy
work can far be realized, not until the physical plant of correctional custodial restraints and a small employee-prisoner
institutions brought into basic harmony with the assumptions and ratio to control this type of prisoners. A few years ago,
requirements of the philosophy of rehabilitation. The design of an institution the Federal government abandoned Alcatraz because
can and does affect the operational prison atmosphere. the operating cost is prohibitive and the philosophy of
the program is considered inhuman. It is more practical
The Diversified State System and the Single Institution therefore to build a super security unit within a
maximum prison for the incorrigibles and
Whenever a single institution is planned the entire needs of the troublemakers.
state system for correctional institutions should be re-examined and studied.
It is not possible to set up specific standards with respect to the b. The Maximum Security Institution - This type of
diversification of institutions by types of inmate which are applicable to all institution is characterized by thick all enclosures, 18 to
state correctional systems. Different countries have vastly different needs 25 feet high. On top of the wall are catwalks along
because of size, composition of population, economic status of the state and which the guards patrol at night. At corners and
financial resources and similar factors. strategic places are tower posts manned by heavily
armed guards. The housing units within the walls are
It is however possible for a small correctional system to have a of the interior cell block type. Prisoners confined in this
certain degree of diversification of program and custody within a single type of institution are not allowed to work outside the
institution. There is a general agreement that female prisoners should be institutions but are assigned to industrial shops within
segregated from male prisoners; and that with few exceptions, boys less the prison compound.
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 c. The medium Security Institution - This type of
operated as a minimum custody facility. A special building of maximum institution is usually enclosed by two layers of wire
security for the more dangerous and incorrigible prisoners can be placed in fence. The inner fence is 12 to 14 feet high with curb
an institution. The principle here is that as soon as there are enough and the outer fence is 8 to 12 feet high. The two
prisoners of certain homogeneous type, requiring a specialized program of fences are from 18 to 20 feet apart. Usually the top
custody and treatment, this group should be separated in a specialized portion of the fence is provided with barbed wire. The
institution. This does not mean however, that there can not be diversification perimeter fence requires a minimum number of
of housing, custody and treatment within a single institution, and in fact, this personnel to guard it. The housing units consist of
may be the least answer in some cases. outer single cells, honor rooms, squad rooms and
dormitories. The inmates may be allowed to work
Effective diversification of institution within a correctional system outside the fence under guard escorts.
is based upon some system of classifications, as follows:
d. The Minimum Security Institution - This type of
institution is usually without a fence, and if there is

11
 one, its purpose is to keep away the civilian population
from entering the institution rather than preventing The United Nations Standard Minimum Rules for the treatment of
escapes. There are no bars or keys to dormitories or offenders prescribes that penal institution should not exceed 1,200 inmates.
armed guards within the institution. The housing units Smaller institutions should however not be too small as to make operating
are composed of dormitories requiring little or no cost too expensive.
supervision by correctional workers. The United
Nations Congresses held in Stockholm and in London There are institutions with population exceeding 5,000. The per
in 1960 and 1965 passed resolutions urging more use capita cost of operation is less when the institution is big, but the negative
of open institutions than in maximum or medium effects of overcrowding and impersonal relationship of personnel and
security institutions. inmates, though not easily discernible, is great. If it is not possible, to-
establish smaller institutions because of lack of funds, a compromise
e. The Special Security Facility - About two percent of an arrangement can be made so that big institutions may be divided into smaller
unselected prison population will consists of units, all units still operating under the superintendent or warden of the ins-
incorrigibles, intractable, and dangerous persons who titution. A good example, of this arrangement is the California Institution for
are so difficult to manager that they are a source of men at San Luis Obispo - this institution consists of two program; units and a
constant disturbance and difficulty even in the typical minimum-security satellite unit
maximum security institution. They are so few in .
number that even in a big prison system it is not Custodial Characteristics of the Institution
feasible to put up a special institution for them. The
need for heavy custodial restraints in a maximum There is controversy of opinion as to how secure an institution
custody prison, calls for a large employee-inmate ratio. should be. Some prison administrators think that prisons should be
The smallness of the institution makes operating costs sufficiently secure as to ensure no escapes. The more progressive-minded
prohibitive. The normal, practical solution is to build a administrators contend that too much custodial restraint works against the
special security facility within the confines of the rehabilitative program, so that escapes should be looked upon as inevitable
maximum institution. The facility within the larger and something to be minimized. Whatever be the position held by the prison
institution should be located and constructed in such a administrator, public attitude regarding escapes cannot just be ignored.
way that any general disturbance within the building Escapes cannot be prevented or minimized by strong and escape-proof
will not tend to excite or inflame the general population institutions only but by careful classification and good personnel
management. The criteria therefore in planning a new institution should be
4. Diversification of Institutions by Medical or Mental Conditions - based on the type of prisoners to be housed. The physical plant should be as
Numerous medical and mental conditions among an unselected strong as is necessary to prevent the number of escapes which will draw
prison population call for specialized housing and program. public censure and the kind of escapes which really threaten the public
Examples of these are the psychotics, the extreme psycho- welfare.
neurotics with psychotic episodes, the sex offender or sex
deviate, the tuberculosis prisoners, and others requiring continued Segregation
long-term treatment for chronic conditions. The custodial features
of an institution for the medically infirm prisoners should be varied Ideally, a prison system should be diversified by institution. This
to meet the needs of the different types of prisoners to be arrangement provides proper segregation of groups by institution. Actually,
accommodated. There will be at least one maximum-security few prison systems come up to this standard. Since this arrangement
building, various grades of medium security, and some minimum. requires a big budgetary outlay, a compromise can be made so that bigger
The general tone of the institution will be that of a hospital with institutions can be broken into smaller units. The purposes of segregation
medium security features. 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
The Plan in Relationship to Types of Inmates and Program offenders be kept separately from the recidivists and habitual delinquents;
that sentenced prisoners and the detention inmates occupy separate units;
Generally, prison administrators have attempted to fit a program and that those undergoing disciplinary punishments be segregated. The
as best they can into an existing facility, and for tailoring the program to movements of prisoners as well as workers within the institution should be
these facilities. They forget that the first step in making the plan is to make a carefully planned to avoid confusion, loss of time and inefficiency in custodial
careful analysis of the types of inmates planned to be housed in it and to supervision.
work out in great, detail the program to be provided for them.
THE CLASSIFICATION PROCESS
Selection of the Site
The rehabilitation program of the prisoner is carried out through
The location of the institution is an important aspect of prison
the process of classification. Classification is more than placing prisoners
planning. A prison located in uninhabited area may in a few years be
into types or categories. It is a method by which diagnosis, treatment,
completely surrounded by city development. This makes expansion and
planning, and execution of treatment program are coordinated in the
remodeling difficult, so that congestion will inevitably be the outcome. Also,
individual case. The objectives of classification are development of an
the institution will become a hazard to the surrounding area. Care, therefore,
integrated and realistic programs of the prisoner arrived at, through the
should be exercised in the selection of a site, taking into consideration the
coordination of diagnosis, planning, and treatment activities; and an informed
area,, agricultural land, topography, foundation conditions, transportation
continuity of these activities from arrival to release of the prisoner.
facilities, climate, water supply, electrical supply and nearness to a
community with adequate resources for supplies and for the advantages of
The first two phases of the classification process, namely,
community living for the personnel.
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
Size of Institution

12
prison. The third phase which is the execution of the treatment program 3. Sociologist — the prisoner is interviewed by the sociologist.
takes place in the operating institution or prison. Additional information is obtained through correspondence
with the prisoner's friends, relatives, and social agencies.
Reception Diagnostic Center (RDC) The objective facts of the personal history of the inmate are
recorded in the social abstract, which also includes an
In line with the latest approach to treatment — the individualized analysis and interpretation of the individual's social situation
or casework method — it is necessary that prisoners must undergo a and relationships.
diagnostic examination, study and observation for the purpose of
determining the program of treatment and training best’ suited to their needs 4. Education Officer or Counselor — the prisoner is
and the institution to which they should be transferred. These processes take interviewed by the educational officer in order to determine
place in the Reception & Diagnostic Center within-the first (60) sixty days of his educational strengths and weaknesses and to re-
their commitment to prison. commend suitable educational program for him. He
conducts orientation classes in general education in order to
The Reception and Diagnostic Center makes possible the careful change the inmate's attitudes toward education. He gives
study of offenders by a professional staff, the segregation of prisoners based counsel to inmates found wanting in educational needs. He
on scientific methods: the treatment of inmates based upon careful study of prepares a report of every inmate on general education as
the individual inmate at the time of commitment; the improvement of part of the case summary of the inmate.
institutional programs based on close study of inmate's characteristics and
needs made at the Center; and the development of research concerning the 5. Vocational Counselor — the vocational counselor, by
causes and treatment of delinquency or crime. The Reception Center is a interview, obtains a record of the man's former employment
specialized diagnostic institution designed to service a big correctional and tests the man to determine his general and special
system. It is not a treatment center. In order that the Center can accomplish abilities, interests and skills. The results comprise the
the purposes for which it is intended, the following basic elements must exist vocational abstract and recommendations are set forth with
in the correctional system: regard to the types of vocational training which should be
made available to the inmate during his incarceration.
1. There must be a sufficient member and variety of institutions
or treatment facilities available to permit placement of each 6. The Chaplain - The inmate is interviewed by the Chaplain
individual in accordance with his treatment and training and he is encouraged to participate in religious worship. The
needs. Chaplain's abstract states the religious affiliation of the
2. There must be an integration of plan and program, including prisoner and gives his opinion as to the significance of the
the reception center, treatment facilities in .the prison, and inmate's religious attitudes in determining his conduct. The
parole placement and supervision. Chaplain makes recommendations with regard to further
3. The public must be educated to accept the basic concept of religious training.
treatment as opposed to mere punishment.
4. There must be a sound philosophy of treatment and training 7. Medical Officer — a complete physical examination is given
throughout the entire correctional system. each inmate at which time his medical history is obtained.
5. There must be good physical facilities and personnel. 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
The RDC Staff and their Functions previous health history with present findings in the medical
history and physical examination, plus recommendation for
1. Psychiatrist — examines the prisoner and prepares an medical treatment.
abstract of his findings. The abstract includes a brief
statement of the mental and emotional make-up of the 8. Custodial-Correctional Officer — the Chief of the
individual with particular reference to abnormalities of the correctional unit prepares the custodial officer's abstract
nervous system and the presence of psychoses, which includes all significant observations made by the
psychopathic behavior, neurotic tendencies, paranoid trends correctional officers of the inmate's behavior and
and other special abnormalities. The psychiatrist makes a interactions to various situations in the dormitory, place of
recommendation with regard to custody and transfer and recreation, work assignments, etc. The report includes the
calls attention to any special conditions which limit or custodial officer's recommendations on transfer and type of
indicate special type of work, educational training, recreation custody of the prisoner.
or disciplinary treatment.
Admission Procedures
2. Psychologist — interviews the man and administers tests.
The psychological abstract presents a statement of the New prisoners are received either in the reception center or in a
psychologist's findings with regard to the mental level, prison and later to transfer to the center. The new prisoner usually comes
general and special abilities, interests and skills of the pri- from a provincial or city jail where he is immediately committed upon
soner. The outstanding factors contributing to the conviction by the court. He is transferred to the National Prison escorted by
maladjustment of the individual are pointed out. A prognosis guards of the committing jail. On arrival at the Reception Center or prison,
for institutional and parole adjustment based on the inmate's the following procedures are followed:
attitudes, characteristics and peculiarities is included. In this
abstract, the psychologist makes his recommendation with 1. Checking of commitment papers if they are in order - A
regard to custody, transfer and general education and commitment paper is in order if it bears the signature of the
further study and treatment of the man. 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

13
 prisoner in order to be sure that the person being committed through group sessions, the individual to talk out his
is the same person named in the commitment order. The problems, to lend him to recognize desirable goals and ways
identity is established through the picture and the fingerprint of attaining them.
of the prisoner appearing on the commitment order.
2. Vocational Program — the inmate is given on-the-job
2. Searching the Prisoner – after the commitment papers are training and observation to determine his vocational
checked and the identity of the prisoner established, the interests and abilities and to determine his attitude toward
new prisoner is "frisked" and his personal things searched. work.
Weapons and other items of contraband are confiscated and
deposited with the property custodian. Money, watches, 3. Physical Training and Recreation — this program is aimed
rings and other pieces of jewelry are deposited with the trust at building the morale as well as helping maintains the well
fund officer under proper recordings and receipts. being of the prisoners. Also, it affords an opportunity for
supervisors to observe how the inmate reacts to various
3. Issuance of Clothes and Equipment - from the receiving situations /which are very revealing of the personality of the
office, the new prisoner goes to the supply room where he prisoner.
receives his prison uniform, mosquito net and beddings.
4. Staff Interviews — it is desirable that all members of the
4. Assignment to Quarters - after the prisoner is issued his staff interview every inmate on whom they are required to
clothing’s and beddings, he is sent to the quarantine unit. render a report. Each staff member should plan his
The quarantine may be a unit of the prison or a section of interviews so that his questions are pointed toward securing
the Reception Center. the information which will help him analyze the phase of the
study for which he is responsible. Each report should give
5. The Quarantine Unit - The new prisoner spends from 7 to 10 indication of the staff member's impression of the
days in the quarantine unit. During this period he is given personality of the inmates.
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 The Staff Conference
any contagious disease. The results of the examination are
submitted to the Chief of the Center in written form. This When the prisoner is through with all tests, interviews and
report forms part of the diagnostic record of the prisoner. 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
Orientation Procedures 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
The initial contacts of the prisoner with the Center are very pertaining to his field. For example, the vocational counselor informs the
meaningful. The first impressions received by him may affect his entire ins- body of what vocational tests given him, and the counselor's
titutional adjustment. 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-
The orientation of the prisoners takes place within the first few program of activities the prisoner should undergo, including institutional
days in the Center. It consists of giving them a booklet of rules and training, recreational program, religious program-medical and psychiatric
regulations and explaining the rules to them; conducting group meetings of services and social service.
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 Admission Summary
the basic purpose of the Center and what the inmates should do in order to
profit from their experiences. The written reports submitted by the staff, of the center regarding
their findings on-the prisoners are compiled, and form the admission
Testing Programs summary: The admission summary-.becomes the, nucleus of the cumulative
case history of the prisoner. The admission summary consists of the
In order that-each staff member can profit from psychological test following:
results, group testing of inmates should be scheduled one or-two weeks after
arrival. Psychiatric-examinations should also be given early during the stay 1. An account of the legal aspects of the case. In addition to
of the inmate because the psychiatric analysis of the personality of the citations from the summaries of the reports, of law enforcement,
inmate is very valuable to the rest of the staff. judicial, and other officials, this may contain an explanation by the
inmate of how he got into trouble;
Program Activities 2. A summary of the man's earlier criminal history. If he has
previously been in a juvenile or an adult correctional institution,
After undergoing quarantine and orientation, the inmate is ready reports from these places contain information regarding his
to go into a regularly scheduled program which will continue until his last day program therein and related facts about his attitudes and
in the Center. Some of these activities are as follows: behavior;
3. Social history, or the man's biography as a person, based upon
1. Educational Program — the inmate attends literacy and the probation report or field investigation, staff interviews, tests,
citizenship classes and group therapy sessions. The examinations, and other staff observations. This may also be
objectives of the educational classes in the Center are to provided or amplified by his family or friends, former employers,
determine the educational possibilities of the inmate which and others who may assist through interviews or answers to
may be pursued or encouraged in prison, and to encourage, questionnaires;

14
 4. Physical condition;
5. Vocational interests, competence and experience; The Operating Institution
6. Educational status;
7. Religious background and interest; The prisoner is transferred from the Reception and Diagnostic
8. Recreational interest; Center to the operating institution with a tentative plan of treatment already
9. Psychological characteristics evaluated by the psychiatrist and prepared. The treatment plan is contained in the Admission Summary which
the psychologist; is sent to the Classification and Treatment Division of the prison for
10. Behavior in the Reception Center, reported by the custodial staff; implementation. On his arrival in the operating institution, the prisoner goes
11. Initial reaction to group psychotherapy or group counseling or to the General Service or Orientation Unit where he is temporarily quartered
other forms of treatment. pending his permanent residence assignment by the Classification Board.
The stay of the prisoner in the general service unit is a sort of orientation
From the above interview and counseling situations, data are period for him. He is given lectures on the rules and regulations; and he is
obtained from the inmate's standpoint, that is, the man's own story, as well assigned to different work projects to afford him various experiences which
as from other persons. The admission summary becomes a practical will guide him in the choice of a permanent vocational program.
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 The Classification Committee
program.
Every prison or correctional institution has a classification
Most correctional systems have found it advisable to prepare a committee which carries out the treatment and training plan of the prisoner.
master stencil of the admission summary from which additional copies may The committee is composed of the following:
be made through a duplicating process. Copies are required not only for the
classification committee but also after the reception period for the central The Warden or Superintendent – Chairman
office of the prison system, and still later for the parole agency. Requests for Deputy Warden for Custody - Asst. Chairman
copies of the case history may also come from other institutions or Deputy Warden for Classification and Treatment – Member
appropriate community agencies. Production Manager – Member
Chief, Medical Services – Member
Usually the cover page of the admission summary contains the Chaplain – Member
summary of recommendations of the Center in the above eleven areas of Psychologists or Psychiatrist - Member
diagnostic study for the inmate's institutional and parole program.
The personnel of the Classification Committee, as may be noted
The admission summary is prepared in at least three copies, and above, are the division heads and specialists who are primarily concerned
distributed as follows: one copy goes with the prisoner whichever prison he with diagnosis, training, treatment and custody of inmates.
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 The Admission Classification Meeting
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 The purpose of the admission classification, sometimes called
parole office as guide in parole program planning and parole supervision. initial classification meeting is to plan a program for and with the inmate,
:. which will be realistically directed toward his rehabilitation. The admission
Transfer Out of the Center classification meeting takes place shortly after the inmate's transfer to the
institution from the Reception Center. A member of the Committee, usually
When the admission summary is completed, it is forwarded to the the caseworker summarizes the diagnostic material, which is the Admission
Director of Prisons for approval of the tentative program prepared for the Summary, prepared by the Reception Center, and presents the important
prisoner, after which the prisoner is then transferred to the operating factors to be considered in program planning. Usually the prisoner; appears
institution. before the Committee so he can be available for interview and consultation
regarding major decisions to be made by the Classification Committee on his
Interpretation to the Prisoner assignments. The Committee decisions cover, all-important phases of the
inmates’ life in the institution. The principal decisions are as follows:
Just prior to transfer the inmates should be interviewed, either
individually or in groups. This interview should make clear to the individual 1. Custody classification - this usually determines the type of
some of the reasons why he is being transferred to a particular institution supervision and the type of restriction under which an inmate live
and what will be expected to him there. The essential findings of the center, 2. Housing - inside or outside cell, squad room, or dormitory
as well as the recommendations made for his program, should be interpreted 3. Transfer - does the prisoner properly belong to this institution or is
to the inmate. He should, however, be made to realize that there may have there another institution in the system where he would be suitably
to be some changes in his program. For example, occasionally his confined?
assignment to an activity in which he is interested may have to be postponed 4. Medical and Psychiatric treatment
owing to lack of facilities in the institution. 5. Occupational or vocational training assignment.
8. General education program
The final interview is much more effective when it is done on an 9. Casework and social services.
individual basis. In spite of the time required, this should, if possible, be 10. Religious and recreational recommendations.
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 The Classification Committee considers and reaches at least
to recognize his own responsibility for making a satisfactory adjustment in tentative agreements on the profile and traits of the prisoner with which
preparation for release. In some correctional systems, the interview with the institutional personnel who are to supervise him should be familiarized. A
individual to discuss the findings of the reception center in his case is carried summary of this information and suggestion and precautions as to his
out at the time of initial classification in the transfer institution. supervisions is often furnished the personnel who will be in regular contact

15
with him on the job, in quarters, in the recreation program, school, or in other civilian clothes: lodging him in a separate quarters of
areas of institutional life. the prison, possibly in a room of his own; and giving
him an opportunity to determine his leisure activities
Reclassification and communicate more freely with the outside world;
and generally subjecting him to less supervision.
The prisoner appears before the Classification Committee 3. Group and individual counseling which may assist him
periodically after his initial classification to keep current his treatment and in orienting himself and alleviating his worries;
training program. Human personality and behavior are constantly changing 4. Transfer from a closed to an open institution or to a
and it is essential that the inmate's program be correspondingly adjusted in pre-release camp which, by providing a minimum
accordance with his changing needs. The Classification committee, through degree of supervision, enables the prisoner to realize
constant reclassification of the prisoner, attempts to maintain continuity and the trust placed in him and to live under conditions
integration of the various institutional services. Reclassification is necessary which are considerably closer to normal life:
to assure that individual needs are not overlooked, and it must continue from 5. Pre-release leaves for a few hours a day or even
the time of admission classification until the inmate is released. several days to obtain necessary documents; to find
living quarters; to be interviewed by potential
The Cumulative Case Summary employers; to visit family; and for any other purpose
which may be reasonably considered valuable for the
In pursuing the individualized or casework method of carrying out future re-adaptation of the prisoner.
the treatment program of the prisoners, it is essential that a cumulative 6. Leave for work, which allows the offender to be
summary be maintained for each individual. The inmate's cumulative employed in the community, provided he returns to the
summary starts from the admission report and submitted by department institution at night.
heads of the prisoner's adjustment to his assignments. Every significant
change of status or program concerning the prisoner is entered in the THE CORRECTIONAL TREATMENT PROGRAMS
cumulative case summary. This record serves as the basis for determining
the prisoner's fitness for release on parole. Goals of the Treatment Programs

Classification Procedures Immediately Institutional programs consisted mainly of custody and some
work. As the philosophy concerning causes of crime changed, the
Prior to Parole or Release - When the prisoner has already corresponding concepts and objectives of institutional programs also
served the minimum or a considerable portion of his sentence and that his changed. Modern thinking indicates that the prison today should be geared
records show successful adjustment to his treatment program, he is sche- to protect society, and also, to rehabilitate the offender. This is long-range
duled to appear before the classification committee for pre-parole interview. rehabilitation because if we succeed we will be sending the offender back to
The purpose of this meeting is to enable the Committee to evaluate the the community as useful, law-abiding citizens for the rest 6f his life. It is
inmate's readiness for parole and to plan out with him his program on parole. therefore, the responsibility of the institution, in rehabilitating the offender, to
It may turn out that the inmate at this time is not yet ready for parole, in constantly strive to change and improve the prisoner's attitude. To
which case the Board sets another date for the next pre-parole interview. If rehabilitate the prisoner mainly by changing attitudes is the main goal of the
the inmate's case is favorable, the committee then prepares the pre-parole treatment program.
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 Treatment services- are geared toward improving an offender's
report. This report outlines the treatment program of the parolee. Certain attitudes and philosophy in life. We use education very basically and very
rather specific suggestions may be made in regard to the inmate's remaining widely as a rehabilitation cornerstone. Various types of education whether
weeks or months in the prison. Special emphasis will be given on his they are academic, vocational or commercial, play very important roles in the
program thereafter when he; leaves the institution on parole. formation of attitudes and character. We use religious services and
counseling in prison for the very same reason. Recreation and leisure time
The Pre-Release treatment - Prerelease treatment is defined as programs are very instrumental also in the treatment process, as they
the program specifically planned to prepare the offender, during a limited contribute to good physical and mental health and in many ways are
period prior to his release on parole. Pre-release treatment deals specifically connected with the teaching process. Work is still a main treatment tool and
with the transition from artificial, regimented group life to normal, should be considered as an integral part of any treatment program. Other
independent life of the free individual and with the problems which this services such as medical care, individual and group counseling as well as
transition entails. The end of the prison term should not only be in sight but visits and correspondence, are parts of treatment and each, in its own way,
rather close at hand before such treatment begins, otherwise, the psy- contributes to the over-all treatment process.
chological stress of prolonged expectation would defeat the purpose of the
pre-release treatment. The very realization that he is soon to be released
may restore a greater measure of hope the prisoner than he has had since
he was sentenced, particularly if he has been deprived of liberty for a long The entire process needs individualization whenever and
time. wherever possible. Individualized treatment, in turn, depends upon a sound
Some of the special pre-release programs now used in various workable classification system. Without treatment, we would only be
countries include: containing people and protecting society for a short period of time, but with
treatment, the proper type for each persons attitudes are being changed
1. Special information sessions on matters which will be daily, and men restored to society.
important to the prisoner on his return to the
community, such as parole conditions and employment The United Nations "Standard Minimum Rules for the Treatment
opportunities. of Prisoners provide:
2. Granting a greater freedom inside the institution which
may take the form of letting the offender wear his own

16
 "The treatment of persons sentenced to imprisonment or a similar institution the stipulated amount for the services of the
measure shall have as its purpose so far as the length of the prisoners. This system no longer exists too.
sentence permits, to establish in them the will to lead law-abiding 3. Price-Piece System - Under this system the contractor
and self-supporting lives after their release and to fit them to do supplies the raw materials and pays the state a determined
so. The treatment shall be such as will encourage their self- amount for the work done on each article produced. The
respect and develop their sense of responsibility. institution retains control of the inmates including the daily
quantity of work required. This system has also been
"To these ends, all appropriate means shall be used, including abolished.
religious care, in the countries where this is possible, education, 4. Public Account System - In the Public Account System, the
vocational guidance and training, social casework, employment state buys the raw material, manufactures and sells the
counseling, physical development and strengthening of moral products and assumes all the risks of conducting a
character, in accordance with the individual needs of each manufacturing business. Today, prison-made products
prisoner, taking account of his social and criminal history, his cannot be sold in the open market.
physical and mental capacities and aptitudes, hi personal 5. State-Use System - Under this system, the state conducts
temperament, the length of his sentence and his prospects after the manufacture of the article but the use of the article is
release. limited to state owned institutions. The principle of the
system is that the state produces articles or merchandise for
“For every prisoner with a sentence of suitable length, the director its own consumption alone and in the process, affords the
shall receive, as soon as possible after his admission, full reports prisoner opportunities to train for a vocation.
on all the matters referred to in the foregoing paragraph. Such 6. Public Works and Ways System — Prison labor is used in
reports shall always include report by a medical officer, regarding the construction and repair of public buildings, roads,
the physical and mental condition of the prisoner. bridges, flood control, reforestation, clearing land,
preventing soil erosion, etc. The system does not involve the
"The reports and other relevant documents shall be placed in an application of prison labor to the production of consumption
individual file. This file shall be kept up to date and classified in goods.
such a way that it can be consulted by the responsible personnel
whenever the need arises." Today, there is a general acceptance of the principle that
prisoners should work. The work program of the institution develops the
Employment of Prisoners morale and maintains discipline among the prisoners. They contribute to
effective security of the institution and its population for they are particularly
Prison labor was originally intended to be punitive. It was useful in reducing tensions and misconduct. The remark made by a prison
imposed on the offender as a penalty to be suffered by him in addition to warden several years ago that “idleness is the workshop of the devil" still
imprisonment. Thus, the early forms of prison labor were 'not constructive. holds true. A work program that is wisely planned and competently admi-
Such work as carrying stones from one corner of the yard to the other, and nistered minimizes the danger of disturbances and risks that threaten life and
digging a big well and filling it up again, were commonly employed to punish property. In view of these facts, it is difficult to understand why those who are
prisoners. Later, prison labor was intended to reduce the cost of concerned with the problem of running prisons are not vitally concerned with
maintenance of the institution. the problem of idleness and some ways of overcoming it

The Pennsylvania- system, with its solitary confinement arid The employment of prisoner has other values. Inmates who work
handicraft inside the cells, and the Auburn ' system' with its congregate contribute to their own support and it hereby reduces the tax burden on the
shops, brought about a realization that prisoners should work for profit. The free citizens who are required to bear the expense of maintaining penal
Auburn system triumphed over the Pennsylvania system because the former institutions.
proved that prisoners could be more profitably employed in congregate Work not only lessens the boredom of intuitional life; but also is;
shops than in solitary confinement. a means whereby many inmates maintain or regain, their self-respect.

In the United States there emerged six systems of prison labor, Penologists and prison administrators believe that the principal
aside from agriculture. Of the six, three were public labor systems and three value of employment is in the opportunities it provides for developing and
were private labor systems. In the public labor system the state retained the reviving skills and work habits, which are instrumental in the rehabilitation of
control of the maintenance and discipline of prisoners, the employment of inmates and in then-successful occupational adjustment in free society.
prisoners and the sale of the products. In the private system, however, Greater emphasis should therefore be given on the necessity for developing
private interests controlled at least one of them. diversified types of work activity, particularly vocational and on-the-job
training. The employment program, in order that it is genuinely constructive,
The six systems of prison labor are: 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
1. Lease System - The state turns the prisoners over to a the other integral phases of the correctional process. Reasonable incentive
private lease. The latter feeds clothes, guards, and houses in time credits and a wage should be provided in order to encourage the pri-
and disciplines the prisoners. This system prevailed in the soners to derive the benefits from participation in the employment program.
southern states of the United States. These systems no
longer exist. The employment assignments of prisoners may be classified into
2. Contract System - The state, under this system, retains five general groups:
control of the prisoner and the contractor merely engages
with the state for the labor of the inmates, which is 1. Unassignable or available for limited employment only - such as
performed within or near the prison. The contractor supplies the new arrivals in quarantine; prisoners who are nearly ready to
the raw material and supervises the work and pays the leave the institution, either on parole or at expiration of sentence
and have been taken off their jobs so that they can participate in

17
 the institution's pre-release program; prisoners awaiting transfer "The maximum daily and weekly working hours of the prisoners
to other institutions; prisoners who are in disciplinary status or are shall be fixed by law or by administrative regulations,
segregated for other reasons: and hospital patients and that taking into account local rules or custom in regard to the
portion of the prison population which may well be designated employment of free workmen; the hours so fixed shall leave one
"unemployable", including chronically ill and infirm prisoners, and rest day a week and sufficient time for education and other
also those inmates with mental or emotional disabilities. activities required as part of the treatment and rehabilitation of the
prisoners.”
2. Educational assignments - including general education, vocational
training physical education. "There shall be a system of equitable remuneration of the work of
prisoners; under the system prisoners shall be allowed to spend
3. Maintenance assignments - involving the use of-labor in activities at least a part of their earnings on approved articles for their own
relating to the care of prisoners and upkeep of the institution use and to send a part of their earnings to their family; the system
properties. 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
4. Agricultural activities - planned to supply as much of the food handed over to the prisoner on his release."
requirements of the prison as possible while furnishing training
and employment to inmates adapted to this type of work. Religious Services

5. Industrial employment - necessary for those who can not be The importance of the religious programs in prison cannot be
absorbed to the preceding forms of activities, which will benefit over-estimated. Some penal administrators hold the view that the chaplain is
through industries, can contribute towards a reduction in the cost the most important person in the rehabilitative set-up, of a correctional
operating the institution of the state. 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
United Nations Standards on Prisoners Employment effectively toward complete rehabilitation. Men and nations have found that
they cannot live without the guiding, sustaining and inspiring power of
The following are provisions of the Standard Minimum Rules for religion. If this is true of people in normal society, it is doubly true of men who
the Treatment of Prisoners and Related Recommendation on employment of are confined in correctional institutions.
prisoners:

"Prison Labor must not be of an afflictive nature. All prisoners Functions of the Chaplain in a Prison
under sentence shall be required to work, subject to then physical
and mental fitness as determined by the medical, officer, sufficient The chaplain in a correctional institution performs the following
work of a useful nature shall be provided to keep prisoners functions:
actively employed for a normal working day, so far as possible the
work provided shall be such as will maintain or increase the 1. Conduct of sacramental ministry — this includes the religious
prisoners' ability to earn an honest living after release, within the services conducted regularly and the special services connected
limits compatible with proper vocational selection and with the with the administration of baptism, confession, communion, etc.
requirements of; institutional administration and discipline, the pri- Religious worship is a central and indispensable part of all great
soners shall be able to choose the type of work they wish to religions with the primary functions of keeping man in proper
perform." relationship’ with God arid guaranteeing peace’ of soul and
happiness. In prisons and jails, it has an important secondary
"The organization and methods of work at the institutions shall function because of the beauty and dignity it introduces into the
resemble as closely as possible those of similar work outside lives of prisoners, being amid surroundings of drabness and
institution, so as to prepare prisoners for the conditions of normal monotony.
occupational life; The interests of the prisoners and of their
vocational training 'however, must not be subordinated to the 2. Conduct religious instructions - This includes preaching in the
purpose of making a financial profit from an industry in the pulpit, classes in the fundamentals of religion, in the bible and the
institution.” fundamental truths of the various denominations. Choir
organization and training and advanced religious training for
"Preferably institutional industries and farms should be operated special groups are important phases of the chaplain's work with
directly by the administration and not by private contractors; the prisoners.
where prisoners are employed in work not controlled by the
administration, they shall always be under the supervision of the 3. Conduct of a private and personal counseling ministry — this
institution's personnel. Unless the work is for other departments of includes interviews in his own, and visiting the men in the
the government the full normal wage for work shall be paid to the hospital, psychiatric ward, punishment cells, etc. It is in private
administration by the persons to whom the labor is supplied, counseling that the chaplain tries to inculcate the great lessons,
account being taken of the output of the prisoners.” which will lead to repentance, and the change of heart so
necessary for rehabilitation. It is a known fact that a chaplain of
"The precautions laid down to protect the safety and health of free whatever denomination enjoys the confidence of prisoners in a
workmen shall be equally observed in institutions; degree possessed by no official of the institution. The chaplain
provision shall be made to indemnify prisoners against industrial tries to use this confidence to promote the best interest of the
injury, including occupational diseases, on terms not less individual and of the institution.
favorable than those extended by law to free workmen.”
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

18
 prisoners that they are being forgotten by persons on the outside. 3. To offer cultural and hobby activities that will enable him not
A large portion of the chaplain’s time will be taken up with these only to be better adjusted to his prison circumstances but to
problems. It is almost impossible for a man who is intensely broaden his area of interests and cultivate aptitudes looking
occupied and emotionally concerned with friends and relatives on forward to hi return to civilian life.
the outside, or who is neglected by them, to consider his own
character adequately and to take steps to improve it. The General and Academic Education – In the Philippines about 60 %
chaplain’s concern for the character development of the men in of men committed to prison are functionally illiterate, that is, they test below
his charge will inevitably lead him to reduce these outside the 5th grade on standardized achievement tests. In United States prisons,
obstacles to the minimum. 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.
5. Ministerial service to the staff and the operational personnel – just Tangible results are most easily seen in this area although it is one of the
as the prison chaplain strives to act as a pastor, guide and most difficult problems confronting educators. For lack of appropriation to
counselor to the inmates, he will willingly and conscientiously fulfill employ civilian teachers, inmates are usually hired to teach in prison
the same office towards those who work with him in the institution. 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
6. Interpretation ministry to the community – the chaplain is position attend literacy classes until he becomes literate.
to perform an interpretative ministry to the community. Religious The intermediate level, which includes the fifth and sixth grades,
organizations brought about the first reforms. By their efforts, composes about 25% of prison admission. The educational needs for this
prisons were changed from places of torture to places of level will attempt to provide a better command of the tools for more intelligent
rehabilitation and reformation. It is a definite part of a chaplain’s prisoners. The intermediate education program will prepare them high school
duty to explain the purposes of modern correctional administration education.
to the community at large in order to enlist their whole-hearted
cooperation in the objectives of present-day correctional The academic or high school level composes 10% to 15% all
procedures. 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
Administrative Responsibilities of the Chaplain standards. Students attending high school classes should be well selected,
so that only those who are willing and able to achieve academic goals should
Aside from the pastoral functions of the chaplain, he performs be allowed to pursue the program.
certain administrative jobs. As a member of the diagnostic staff of the
institution, the chaplain conducts initial religious interviews with written Vocational Education- a large portion of the prison population
evaluation of every prisoner. He is an indispensable member of the needs more training and experience in the essential of earning a living. A
classification committee. It is not desirable that the chaplain be a member of well-designed program of vocational education may contribute to the
the disciplinary board. socialization of the prisoner as well as to development of trade skills and
knowledge.
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 The vocational training program of a prison should have the
congregation. The report will bear mainly on the prisoner’s activities in his following objectives:
religious program, but there is no reason why he should not call attention to
other factors such as change of attitude and improved institutional a. The development of skills necessary for successful
adjustment generally. work in a socially acceptable occupation.
b. Opportunities for teaching related trade information
including blueprint reading, trade science, trade
Another important work of the chaplain is the ministration of the mathematics, occupational information, drafting and
sick. He should make arrangements with the chief of the hospital to be sketching and safety education.
notified immediately if one of his patients is laced on the critical list. Frequent c. Exploratory shop work to help certain prisoners
visits to the hospital will keep him in touch with men who need his discover their aptitudes and interests.
assistance. d. Assistance to those with limited capacities to become
better equipped to meet the problems of semi-skilled
The Educational Programs workers in technological age.
e. Training for long-term inmates so that they may be
The educational program of a correctional institution is one of the more useful and happier in institution assignments.
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 The vocational education program is usually geared to
institution, where education is primarily compulsory, the paramount institutional maintenance work and the prison industries projects. Institution
emphasis is on vocation training. In institutions for young offenders there is maintenance aims at the efficient operation maintenance of the prison and
need for academic education at all grade levels. the utilization in every possible way of maintenance work to provide on the
job training to prisoners.
A sound correctional education program, irrespective of a type of
penal institution, should attempt to achieve the following goals: The prison industries projects, in order to contribute fully to the
vocational training of prisoners, should follow a policy of requiring the pre-
1. To offer an inmate sufficient academic education to enable service and on-the-job training of employees. For prisoners, exploratory and
him to face the need of the world as a better equipped preliminary training should be done in the vocational training shop with the
person; systematic flow of trainees, through the classification or assignment
2. To provide vocational training so that he might take his committee, into appropriate prison industries.
proper place in society and be economically free; and

19
 The Philippine Prison System offers several vocational courses character citizenship and it assimilates social and
for prisoners, among which are radio mechanics, auto-mechanics, cultural differences. Also, in team sports there are
horticulture, shoemaking, tailoring, carpentry, hollow block making, poultry many opportunities for people to learn desirable habits
and piggery raising and electronics. and attitudes, to develop emotional maturity, restraint
and tolerance and to strengthen personality traits,
The Recreational Programs which are important in the individual adjustment to
everyday living. Prisoners should be given ample
Recreational programs in prison are an important part of the opportunities and encouragement to play informally by
rehabilitation program. A good prison administrator should provide choosing their own teammates and organizing informal
wholesome, healthy activities for men confined in his institution. Many penal competition in basketball, volleyball, softball, and
institutions are limited in this respect due to lack of facilities, limited funds, or similar sports. There should be intramural
absence of a well-rounded program for the inmate population. competitions, and if possible the prison team should be
allowed to play against outside teams.
The objectives of the recreational program are the following:
c. Combat sports such as boxing and wrestling will
1. To provide an environment that will be conducive to the best 'provide opportunities for some prisoners to develop
mental and physical development of the inmate. courage and initiative, to practice individual action and
2. To help the prisoners to become aware of their individual reaction under emotional stress, to develop emotional
conditions and to provide a method of improvement. control and maturity and to develop respect for the
3. The development of proper attitudes and conduct necessary for emotional feelings of others.
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 2. Arts and Crafts - Arts and crafts should be an integral part of the
release. This has proven to be a good morale booster and an recreational program. The fields of arts and crafts serve as outlet
excellent asset to the prisoners on parole. for human expression and serve as a form of release for the
abnormally inherent desire to create. Among the arts and. crafts
Usually the recreation period is conducted during “free time” to be included in the program are basketry, bead craft, pottery,
schedule, affording opportunity for each man to decide for himself whether or sculpture, toy making, weaving, woodcraft and others.
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 3. Music - Under the direction of a competent music instructor, many
and will always be a spectator. This is the inmate who needs opportunities for musical expression and appreciation can be
encouragement. A properly organized program could be the medium of provided such as the orchestra, jazz band, combo band, vocal
releasing the stored up tensions of the timid, withdrawn types of individual. groups, choir and glee clubs. The inmate musical groups can be
made to perform, not only before the prison population but also to
The recreation program should be designed to meet the needs visiting groups who come to prison. They can be made to play
and interest of all inmates. There should be provision for active, competitive during ball games, Christmas and other holiday activities.
sports and strenuous activities for benefit of the physically fit. For those who, Arrangements can also be made with outside artists to entertain
for one reason or another, are physically incapacitated, non-participating the prison population.
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 4. Drama and literary activities – There are many talents in the
forced into any activity for then it would cease to be recreation. prison population that, if interest is stimulated, could start a drama
program. Much therapeutic value can be derived from such a
A well- rounded recreation program includes the following program. This is likewise true with literary activities.
activities:
5. Special Events – As means of breaking the monotony of prison
1. Sports athletics - A wide variety of physical activities are suitable life various patriotic and festival days throughout the year should
for use in the recreation program. The program in sports and be appropriately recognized. Special programs could be prepared
athletics is composed of several groups such as: for any of the following occasions: New Year’s Day,
Independence Day, Quezon Day, Rizal Day, etc.
a. Individual and Dual Sports - The individual sports can
be carried on with satisfaction by a single individual. 6. Social Games - Social games such as checkers, Chinese
Included in this group are bowling, swimming, driving, checkers, chess, dominoes, jigsaw puzzles, ping-pong, can be
weightlifting, track and field, and gymnastic. Dual introduced in the recreation halls of dormitories.
sports require two individuals to make playing
possible. Examples are badminton, handball, lawn 7. Club Activities - Club activities among prisoners should be
bowling, paddle tennis, etc. encouraged in order to develop their initiative, learn to accept
responsibilities, improve their education and keep abreast with
b. Team sports - Team sports involve participation by what is going on in the community.
four or more persons on one team. The individual
cannot participate without the acceptance and
cooperation of his teammates and opponents. Included 8. Motion pictures, Radio and Television - Motion pictures, radio and
in this group are baseball, basketball, volleyball, television program should be selected in order to get the type of
football, etc. Participation in team sports strengthens program that is of interest to the prisoners. Radio and television
the individual’s ties to proper and accepted conduct in- bring the men in prison in close contact with the outside world,
group and social living activities. It develops good which is invaluable in preparing them for release.

20
 tration 'of the community or nation. They shall include a
The Library Services psychiatric service for the diagnosis, and in proper cases, the
treatment of states of mental abnormality.”
The prison library plays an important role in the improvement of
prisoners in the practical and cultural aspects of social living. The good “Sick prisoners who require a specialist treatment shall be
library either in prison or in the outside community, means a collection of transferred to specialized institutions or to civil hospitals, where
books and periodicals sufficiently complete and well-rounded to meet, within hospital facilities are provided in an institution, their equipment,
reason, the many and varied needs and interests of the community it furnishing and pharmaceutical supplies shall be proper for the
serves. medical care and treatment of sick prisoners, and there shall be
a staff of suitably trained officer.”
The objectives of the prison library are as follows:
“The services of a qualified dental officer shall be available to
1. To share with other divisions of the prison, responsibilities or every prisoner.”
useful social and vocational training of the prison population.
2. To develop among prisoners realization of the usefulness of “In women's institutions there shall be special accommodation
libraries in: for all necessary pre-natal care and treatment. Arrangements
a. Providing vocational information about choice of trades shall be made wherever practicable for children to be born in
and chosen trades. prison. This fact shall not be mentioned in the birth certificate”
b. Enlarging social and reassessing backgrounds.
c. Developing reading as a satisfying leisure-time activity. “Where nursing infants are allowed to remain in the institution
d. Preparing by self-improvement, for release and post- with their mothers, provision shall be' made for a nursery' staffed
prison life. by qualified persons, where the infants shall be placed when
3. To provide guidance, counseling and planned reading courses, they are not in the care of their mothers.”
informal adult education for all prisoners capable of sustaining
reading in any useful field. “The medical officer shall see and examine every prisoner as
4. To lessen need for discipline and to institute measures of mental soon 'as possible after his admission and, thereafter as
hygiene by providing reading as a salutary release from emotional necessary, with a view particularly to the discovery of physical or
strain; as a healthy resources of idle hours, and as a positive aid, mental illness and the taking of all necessary measures the seg-
in substituting acceptable new interests for undesirable attitude. regation of prisoners suspected of infections contagious
conditions; the noting of physical or mental defects which might
The Health and Medical hamper rehabilitation; and the determination of the physical
Services capacity, of every prisoner for work.”

There has been a growing awareness of the state’s “The medical officer shall have the care of the physical and
responsibilities for the prisoner's health. Most citizens also appreciate the mental health of the prisoner and should daily see all sick
fact that the prisoner’s’ chances of success on release are increased if he prisoners, all who complain of illness, and prisoners to whom his
is not handicapped by poor health or disabilities. The Manual of attention it is especially directed. The medical officer shall report
Correctional Standards published by the American Correctional to the director whenever he considers that a prisoner’s physical
Association prescribes that every correctional institution having a or mental health has been or will injuriously be affected by
population of 1500 men should have an adequately staffed medical continued imprisonment or by any condition of imprisonment”
department that takes charge of the health, medical and dental services.
The medical staff should be divided into three services or departments: “The medical officer shall regularly inspect and advise the
(a) Medicine and surgery, (b) Psychiatry, and (c) Dentistry. director upon the quality, quantity, preparation and service of
food; the hygiene and cleanliness of the institution and the
The medical and health requirements of a prisoner include prisoners; the sanitation heating, lighting and ventilation of the
mental and physical examinations; observations, diagnosis and treatment institution; the suitability and cleanliness of the prisoner's
of patients; immunization and protection of the inmate population as well clothing and bedding; the observance of the rules concerning
as the staff against hazards; visiting prisoners in segregation sections; physical education and sports, in cases where there is no
sanitary inspections, consultations with culinary and other officials; and technical personnel in charge of these activities”
participation in training, classification, disciplinary and other programs.
PRISON CUSTODY, SECURITY, AND DISCIPLINE
Sound correctional practices require complete physical and
medical examination of every prisoner on his admission to prison and also Concept of Custody
on his release. and Security
The United Nations Standard Minimum Rules
One of the important phases of prison management is the custody
For the treatment of prisoners requires that sick prisoners and control of prisoners. The rehabilitation program in prison cannot be
requiring specialist treatment shall be transferred to a specialized institution carried out if prisoners are not effectively controlled. The primary objective of
or to a civil hospital. Also, women’s pre-natal care and treatment should be the prison program is security but it is not the ultimate goal. The rehabilitation
referred to civil hospital. of prisoners, which is the ultimate goal of imprisonment, can be attained if
the necessary structure, personnel and methods, which provide for security,
“At every institution there shall be available the services of at are present. Security aims at the prevention of escapes, and control of
least one qualified medical officer who should have some contraband and maintenance of good order. These objectives can be
knowledge of psychiatry. The medical services should be realized if custodial facilities including buildings and equipment, walls,
organized in close relationship to the general health adminis-

21
towers, gates, personnel and methods relating to escapes, contraband and 12. Emergency Doors - Emergency doors must be provided into
good order are given proper attention. housing and to the areas where prisoners are congregated.

Escapes of whatever nature alarm the public. Some escapes are 13. Special Emergencies - Plans should be developed and be
of the nature of "walk away" like the absconding of minimum-security available to place into effect for operation during special
prisoners from their place of work or residential assignments outside the emergencies: (a) riots (b) escape (c) fire fighting (d) emergency
walls. Surely this type of escape cannot be as alarming as when the prisoner lighting and stand-by power, and (e) civil defense.
actually makes a break from his armed guard.
The best guaranty against riots, disturbances and escapes,
Contraband is anything found in the possession of the prisoner however, is in well-organized program of activities inside prison designed to
contrary to rules and regulations. What constitutes contraband in one attain the reformation of prisoners. Penologists considered, "Idleness is the
institution may not be contraband in another institution. Therefore, in view of workshop of the devil." A well-balanced program of work, recreation and
the non-uniformity of the definition of contraband, every institution should education will keep the prisoners busy and away from mischief: On the other
provide a rulebook where articles declared as such are clearly listed. hand, if prisoners are idle or are treated inhumanely they will surely escape
or create disturbances.
Custody, Security and Control
Inspection of Security Facilities - All security facilities such as
The rehabilitation program of the institution cannot be carried out doors, bars, windows and locks should be examined at least once a week to
if prisoners riot or cause disturbances. A well-rounded correctional program, insure that they are in good condition. Custodial officers as well as other
having for its aim the rehabilitation of the prisoners must be correlated with employees of the institution should be trained to observe signs of
arid into a system of sound custody, security and control of prisoners. Some deterioration in the security system: arid to report immediately any weakness
of the factors considered essential in establishing sound custody, security in the system.
and control of prisoners are the following:
Counting Inmates - Prisoners should be counted four times a day
1. An adequate system of classification of prisoners – Careful study, or oftener. During change of shifts, guards on duty must be certain that all
diagnosis and recommendations for treatment documented into prisoners are present and accounted for. In counting prisoners at night, the
case histories give prison workers the knowledge they need to guard should "see flesh and hear voice" before recording them as present.
handle inmates. The control room or master control must indicate movements of prisoners,
such as changes of residence or work assignments, transfers to hospital and
2. Inspection of Security Facilities – Regular formalized inspections courts.
reinforced by constant observation of physical plant; help assure
its best use. Firearm Control - There must be a written set of rules for the
control of firearms, which every correctional or custodial personnel should
3. An Adequate System of Counting Inmates – There must be an know by heart. Carelessness on the part of the employees or defects in the
adequate system of counting inmates to make certain “all are system of firearm control may result to violent deaths of employees or
present and accounted for” at prescribed periods, day and night. 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
4. Control of Firearm – A plan for firearms control must be made, qualify in marksmanship before entrance to duty and every year thereafter.
specifying its purpose, use, safety precautions, proper inventory, The armory should be located outside the prisoners’ housing and activity
storage and standardization; all should be included in the plan for area, and guns should not be carried within close proximity of prisoners. The
all institutions. use of gas for quelling riots is becoming popular, not only because it is
5. Gas Control – A plan for gas control which specifies its purpose, effective but also because it is, humane. The custodial force, therefore
use, safety precautions, proper inventory, storage and should know how and when to use tear gas bombs or grenades.
standardization must be made.
Control of Keys - The keys to cells and dormitories should never
6. Control of Contraband – A plan for the control of contraband be entrusted to prisoners. The correctional officer on duty should never enter
defines such items and provides for their regulation. the housing unit of prisoners with the keys hanging on his belt. There must
be proper accounting of all keys at all times.
7. Key Control - A plan for control of keys assures that all are
accounted for and under control of free personnel. 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
8. Tools and Equipment - A plan for control of those tools and when under supervisions.
equipment items that pose a threat to persons or to the physical
security of the plant must be developed. Locking Devices - Proper locking devices must be kept in good
operating' conditions. Individual door locks to cells must be provided and the
9. Job Analysis - A comprehensive and up-to-date job analysis for all multiple locking devices to doors of individual cells should only be used in
posts aids employees in understanding their tasks. 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
10. Locking Devices – Proper locking devices must be kept in good place for officers to go into without exposing themselves to assault in case of
operating condition. riots.

11. Proper Cell Equipment - Proper cell equipment should be Special Emergencies - The prison should provide a standard
designed to minimize the necessity of permitting custodial risks to operating procedure for control of riots and for preventing fires and escapes.
leave their cells after lock-in. 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.

22
Every penal institution should be provided with emergency lighting stand-by 3. Discipline the Concern of Every Prison Worker - Discipline is
power. not the responsibility of the custodial force alone but rather
the concern of every prison worker. The staff of the
Prison Discipline institution in all phases of the institutional program, all of
which in their special ways are contributing to the general
Discipline in prison is commonly thought of as a procedure to discipline of the prisoners, accomplishes it. For example, the
prevent escapes, riots and disorders, and punishing those involved. This is social worker contributes towards discipline by pointing out
not all that discipline attempts to accomplish in a prison. The main objective to the prisoner his responsibilities to his family and to the
of prison discipline is to inculcate habits, attitudes and values that will make community, and showing him how to fulfill them. Work
the prisoner a peaceful and useful member of society upon his release. foremen and treatment personnel encourage and assist the
Webster's dictionary defines discipline, thus: Discipline: from the Latin, disce, prisoner to attain new goals, through purposeful work
to learn: discipulus, a disciple or learner. Training, education, and instruction: activities and employment responsibilities.
the guidance and government of conduct or practice punishment inflicted for
the purpose of correction and training. 4. Individualized Discipline - It is not enough that discipline be
consistent, reasonable, objective, firm and prompt. Since
Discipline has also been defined as a continuing state of good crime is multi-causative, the techniques and services
order and behavior. It includes the maintenance of good standards of work, required in correctional treatment including the
sanitation, safety, education, personal health and recreation. It insures that administration of discipline, must be correspondingly varied
persons and groups go on time to their appointed place and that they and, in terms of understanding the inmate as a person.
maintain standards of conduct which are necessary when large number of
people live and work together or in any community, institution or otherwise. 5. Discipline must be considered on an individual basis - the
The ultimate hope of institutional discipline is to develop self-reliance, self- prisoner must be carefully studied. His social, psychological,
control, self-respect, self-discipline not merely the ability and the desire to psychiatric data prior criminal history adjustment to his
conform to accepted standards for individual and community life in a free institutional program and disciplinary history must be
society. carefully examined to see what kind of person he is, what
can reasonably be expected of him and what punishment or
Elements of Prison Discipline other treatment methods will be most effective. Group
disciplinary problems such as gang conflicts, strikes and
1. Morale - A high degree of morale within prison is the disturbances, should be dealt with firmly and without
most valuable aid to a good custodial program. Morale is the mental hesitation or vacillation. The gang leaders or agitators
condition of individuals or groups regarding courage, zeal, hope and should be identified and segregated.
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. 6. Preventive Discipline - discipline should not only be applied
Good personnel and a good treatment program make for good inmate after a breach of law, rule or regulation has been committed.
morale and self-discipline, which aid in the maintaining of proper custody and More effective perhaps is the application of discipline at its
control. Good morale is not obtained by arbitrary rules of hard work alone. It preventive stage. Discipline applied after an offense has
comes with the development of activities, which provide for the inmate’s been committed is negative discipline in the sense that in
mental and physical needs, fair treatment, and reasonable opportunity to use many cases punishment does not deter. The positive
his time constructively. It requires leadership and a balance program in approach is to work out a program of preventive discipline,
which work, training, recreation and other activities are carried on with the which involves prompt correction of minor deviations before
common objective – the welfare and reformation of the individual. they become serious violations. Minor violations if not
intentionally committed should be dealt with by the
2. Custody and Control observing guard with a reprimand or warning. Custodial
officers should bear in mind that the certainty of dealing with
Custody is defined as guarding or penal safe-keeping. misbehavior in prison is more effective in the control of
The custodial force must be trained in custodial and security prisoners than the severity of the punishment. In many
measures, locking and counting routines, procedures for cases, correction or reinstruction of the inmate may be
searching prisoners and their living quarters, and prevention achieved without .the necessity .of taking punitive action.
of contraband. The prison guard whose duties were limited Preventive discipline may be used when the deviation is
to guarding inmates and maintaining discipline is now trivial, is due to ignorance or lack, of understanding or the
regarded as key personnel of the institution. The fact that he result of careless or faulty habits. A friendly word of advice
is most often in contact with the prisoner at work, in may suffice to cause a prisoner to avoid future misbehavior.
quarters, and at school, places him in a position where he On the other hand, in a similar situation, an employee
has the greatest influence upon the prison. lacking in interest and understanding approach, may by his
unprofessional, unfriendly, and even hostile attitudes and
Control involves supervision of prisoners to insure bearing, aggravate an inmate to a point where it is
punctual and orderly movement to and from the dormitories, mandatory to take disciplinary action for misbehavior.
places of work, church, hospitals, and recreational facilities,
in accordance with the daily schedules. Control does not 7. Good Communication: Another important element of
mean that all prisoners be under close superv1don at all discipline is good communication. A good communication
times. The use of passes and the establishment of gates system, which will convey what management wishes the
and checkpoints within the prison walls can likewise affect prisoners done and what, the inmates feel about the
control. program and management important in prison management.
A good communication system will relieve the inmate's
feelings of insecurity about his situation. A good

23
 communication system is likewise essential in effecting new The following are some of the punishments usually imposed on
changes, which affect the masses of the inmate population. prisoners convicted by the summary or disciplinary board:

Orientation-Admission: Good communication can 1. Counsel and reprimand - This is a mild form, of punishment
be accomplished by subjecting all newly committed imposed for trivial offenses. To a prisoner who is aware that
prisoners to undergo admission-orientation procedures. This a clean record is: an asset to his speedy release mere
usually takes place at the Reception Center. The new counselor reprimand is enough deterrence against a
inmate is given orientation lectures on the rules and repetition of infractions.
regulations of the institution. He is informed of the existing 2. Loss of Privileges - This is one effective control of
facilities of every institution within the prison system; he is misbehavior. Privileges are very precious to prisoners.
told of what the institution expects of him; and he is advised Prisoners look forward to visiting days, movie evenings;
of the opportunities for advancement that he could avail of amateur hour program, and writing to relatives and certainly
within the institution, such as the educational and they would not want to forfeit any of these privileges through
correctional programs, the religious program, the misbehaviors.
recreational program, and the opportunities in group 3. Loss of Good Conduct Time Allowance - The penal code
development activities. provides that for maintaining good record in prison, the
inmate is credited with 5 days or 8 days, up to 15 days good
Manual and Rule Book: Manuals and rulebooks conduct time allowance for every month that he serves. This
guide both the prisoners and employees in the proper allowance may be forfeited as punishment for misconduct.
procedures of administration. They should be made avail- However, good conduct time allowance already earned can
able for reference to the prisoners as well as the staff at all no longer be forfeited.
times. The rules and regulations should be stated in as 4. Close Confinement - This is resorted to in extreme cases
simple a language as possible to be understood by every when lighter penalties are ineffectual. The use of solitary
prisoner. confinement or "bartolina" is justified when there is danger
that the offender may hurt himself or others. It should not be
Inmate Councils: One good means of maintaining considered as punishment when used "as an administrative
communication in prison is the creation of Inmate Councils. measure" of preventing him from influencing witnesses or of
The inmate council is composed of duly elected injury to himself or others.
representatives of the various housing units and assignment 5. Reduced Diet - Usually this punishment is carried out with
groups. The council elects its officers and holds periodic punitive segregation. The United Nations rules prohibit the
meetings. The council acts as an advisory body to the use of this kind of punishment unless supervised by the
superintendent or warden in matters of administration. The prison physician. Cruel and degrading forms of punishment
council members disseminate major changes of policies to are also prohibited by United Nations rules, including
their constituents, and in turn transmit to management the corporal punishment. Except when there is danger of the
feelings and attitudes of the inmate population towards any inmate injuring himself or others, the use of handcuff and leg
problem of the institution. irons is prohibited by the United Nations rules and
regulations.
Procedures in Disciplinary Cases
Counseling, Casework and Clinical Services
Disciplinary and punitive actions are the responsibility of the
deputy superintendent for custody. In small institutions, one disciplinary Counseling, casework and clinical services are essential parts of
officer hears disciplinary cases, while in bigger institutions they are heard by the total correctional program. To function effectively as an integral part of
a board of discipline. A disciplinary board or committee is usually composed the total correctional process, professional personnel assigned to these
of the assistant superintendent for custody as chairman, the physician and services must clearly understand the mission, goals and objectives of the
the psychologist as members. correctional system.

Disciplinary cases are initiated by the report of the observing Counseling is defined as a relationship in which one endeavors to
officer or employee. The report may either be a behavior report or a help another understand and solve his problems of adjustment. It is
misconduct report. The former type of report is intended to call attention to distinguished from advice or admonition in that it implies mutual consent.
inmate’s acts and attitudes which might otherwise be called misconduct - Counseling as used in working with offenders; encompasses the personal
such behaviors as suspiciousness, Withdrawal symptoms, lack of self- and group relationships undertaken by the staff. It has its goals either the
control, etc. Behavior reports also include exceptionally good work habits, immediate solution of a specific personal problem or a long range effort to
and attitudes. The negative as well as the positive behaviors of the inmate develop increased self-understanding and maturity within the offender.
are useful in the appraisal of what kind of person the prisoner is. The Counseling may be part of the activity of a professional casework or
misconduct report carries every violation of law or rules. Every case included psychiatric staff, but is also the proper province of the teacher, the work
in the misconduct report should be investigated, and heard by the supervisor, and the group supervisor, and the group supervisor. In
disciplinary officer or committee. If the case is so serious as to warrant it, or if institutions particularly, the work and quarters, supervisors have extensive
there is danger that the offender will unduly influence witnesses, he may be contact with and influence upon inmate behavior. In the performance of
placed in confinement pending investigation but his confinement should .not normal job functions, counseling is used commonly and quite often
be in. a. punishment status. In the hearing, the inmate shou1d be given all unconsciously. Voluntary participation of the offender in a counseling
opportunities to explain his case and to call witnesses to testify on his behalf. relationship is desirable; but there is evidence that group programs in which
A written record is made of every infraction reported and how it is disposed participation is mandatory can be effective.
of. Records of said infractions are entered in the prisoners’ disciplinary
record card. Group Counseling Personnel - Institutions can make productive
use of a program of counseling which employs educational, custodial, and

24
industrial, maintenance, and other operational personnel as group leaders 3. general institutional program
and give individual attention to inmates. There is considerable untapped 4. specialized use in severe disciplinary cases and segregation
potential in the large numbers of institutional personnel who can have major 5. pre-release activity
impact on relieving inmate tensions and contributing to ultimate social 6. post-institutional care (parole)
readjustment of offenders. The most effective informal counseling program Whatever his specific assignment, the counselor should be a
consists of the intelligent and harmonious use of personal relationships person specially trained either by graduate academic preparation or through
between staff and inmates m the operation of day-to-day assignments in the specialized and intensive correctional casework training programs, in the
institution. The natural small living group, such as camps, dormitories and understanding of basic human needs, problem behavior, social conditions
other small housing units~ provide an excellent setting for the development relevant to criminality, and community and social agency resources.
of a counseling relationship between custodial staff and inmates, as do small
work groups or crews. It is essential that the counselor have a broad understanding of
anti-social behavior and a general knowledge and understanding of research
Vocational Counseling - A critical need in institutional procedures. The counselor should be motivated by a personal desire to
programming is professional vocational counseling. Involved here is a assist individuals who exhibit varying, and sometimes serious, degrees of
technical specialty within the general counseling field, which requires broad such behavior.
knowledge of occupations, vocational potentials, aptitudes and interests, and
conditions of employability in the community. Increasingly, institutions are As part of the casework program, relationship with colleges and
turning their attention to vocational training and productive enterprise. This is universities should be established to provide for field instruction for students
sound, both from the standpoint of institutional activities and job stability after and advanced course work by full-time employees.
the inmate is released.
1. Reception Process - Case study, evaluation and description
To accomplish the most effective assignment, and training of is an essential function of the caseworker. Skills in analysis,
inmates, each correctional system should employ skilled vocational thorough reporting, and clear writing are essential in the
counselors to contribute to the initial study and recommendations. The production of a case history used throughout the
assessment of vocational potential can then be used by both inmates and correctional process as a basis for program planning and
staff to determine initial assignment and periodic progress review. Based treatment. Participation in.-the orientation of the newly
upon an allotment of three hours per case in the reception unit for review, received inmate: to the correctional system is also a function
analysis and report, there should be one vocational counselor provided for of the, reception unit caseworker who may, accomplish this
every 40 cases per month. This would allow' approximately one-fourth of his purpose most successfully in groups. During reception
time for administrative duties and staff development projects. process one function of the caseworker is to deal with
special problems, which arise during the intake period. Often
Vocational counselors are also needed to make periodic progress this is a time of considerable personal and family stress
reviews, to guide occupational and training reassignments, and to give requiring the resolution of economic and personal problems.
consultations to administrative staff, trade foremen vocational and academic Specialized casework skills in handling new stress problems
teachers. The use of Dictionary of Occupational Titles can greatly simplify and knowledge of appropriate referral sources are required
and considerably enhance the assignment practices within the institution as
well as the release planning for employment. Based upon a minimum of 15 2. Workload Standard - A minimum standard workload figure
inmates per case per month, an appropriate ratio of vocational counselors is for processing new cases is 30 per month, for the
one to every 300 inmates. This ratio allows for approximately one half times caseworker exclusively occupied in this area. As part of the
to be devoted to administrative routine, staff consultation, classification standard, there should be a provision for at least one case
committee work, and other allied duties. In terms of both short-range supervisor for every six to eight caseworkers. These
productivity and long-range benefits, skilled vocational counseling is an workloads are based on an average allotment of
economical use of personnel. approximately four hours per case for study, description,
analysis and recommendation and an additional allowance
Casework in correctional work includes the professional services of one-fourth work time for administrative routine training
rendered by professionally trained personnel in the description and social and staff development. It is most important to recognize that
treatment of offenders. Casework consists of working with one individual at a the treatment potential of the caseworkers is commensurate
time, with the aims of: with the amount of face-to-face-contact with the client. As
1. obtaining clear case description or social history, administrative details increase, the treatment potential
2. solving immediate problems involving family or other personal correspondingly decreases. These should be regarded as
relationships, absolute minimum figures.
3. exploring carefully long-range problems of social adjustment
and assisting the individual toward acceptable solutions, 3. Institutional Activities - Perhaps the most basic institutional
4. offering supportive guidance and information to inmates who casework activity is long-term case and group work with
are nearing release from the institution, inmates judged to be amenable to professional casework
5. offering supportive guidance and professional assistance to services. At the present time there is insufficient knowledge
offenders on probation or parole. upon which to determine a known percentage of inmates
who might be responsive to- the intensive casework
Casework Services services.

While the entire correctional process should be seen as-an During the institutional period, the caseworker becomes
integrated activity, for logical outline, the areas for use of counselors can be involved in aiding in-mates with a wide range of problems.
divided into six sections which have certain operational significance: Many of these concern themselves with difficulties of
1. pre-sentence investigation (probation) institutional adjustment, but there are others, which have
2. reception process their origin in the community. Among the latter are divorce

25
 complaints, matters relating to the care and custody of minor intake can lead to misinterpretations and faulty program
children, and issues concerned with handling the inmate's planning. Personality tests on a group basis and projecting
financial assets. It is important to recognize that many of the techniques should be administered selectively. The role of
latter matters may involve the offender's legal rights and the the clinical psychologists also includes the continuing
caseworker should provide the approve channels. The assessment of the testing battery and introduction and
Preparation and writing of progress reports for review modification of tests where needed.
towards release is also a usual and important assignment.
The caseworker also serves as a consultant to institutional Each inmate passing through the reception process should
line personnel. He contributes to personnel training, and receive at least a screening interview by a clinical
also helps interpret the treatment needs of individuals. psychologist. On a selective basis more intensive interviews
will be necessary for a proportion of the inmates. The
4. Pre-release Activities - Pre-release planning for individual interview will be used as a supplement to the interpretation
inmates and group programming in advance of release is of the personality and projective tests as well as intelligence
frequently one of the more neglected activities in scores and to assist in the preparation of the full admission
correctional administrations. Normally the counselor will be summary.
assigned the responsibility for planning and execution of
specific pre-release programs for orientation and, On referral, psychiatrists should make assessments of
information to inmates preparing to leave the institution. psychopathology, organic disturbances, and other factors
These programs will stress employment, living relationships, related to diagnosis and treatment planning. The wide range
adjustment factors in the outside community, recreational of offender types is such that it is not necessary to have a
interests, etc. mental status report on every inmate. Mental status reports
will be necessary, however, for a substantial number of
Pre-release programming for individual inmate requires inmates to determine appropriate placement and treatment
review of the admission study and institutional progress and plan.
proper interpretation to the field counselor and the inmate as
to expected problem areas and proposals for most effective 2. Institutional Programs - Clinical services personnel have a
release arrangements. significant role in individualized and group treatment of
psychotic inmates, severe neurotics, and other individuals
Clinical Services demonstrating bizarre behavior in the institution or in their
institution or in their history before entry. As a minimum
Clinical services provide the most intensive diagnostic and requirement there should be provision for full clinical service
treatment activities aimed at to the population designated as psychotic and other inmates
showing major personality disturbances, which may be
1. discovering the causes of individual maladjustments, amenable to treatment or psychiatric management.
2. applying psychiatric techniques with offenders towards
effecting improved behavior As consultants, clinical personnel, including psychiatrists,
3. offering guidance and support to other staff members in their psychologists, and psychiatric social workers can play a key
management of offenders role in the general treatment programs of the institution. This
function would include providing consultant services for line
The staff members ordinarily employed in clinical services work personnel working as counselors, for discipline and
are psychiatrists, clinical psychologists, trained caseworkers, psychiatric classification committee decisions and for general
nurses, occupational therapists, and other specifically trained technicians. programming. The in-service training program for all
The clinical services personnel are particularly concerned with offenders with personnel should include sessions on personality theory to
deep-seated emotional problems. be conducted by clinical services personnel.

Clinical services generally include the, functions of psychiatrists, As specialized assignment, individual and group treatment
psychologists, psychiatric social workers, and ancillary personnel such- as - by clinical services personnel maybe provided in
psychiatric nurses, occupational therapists, and correctional officers with segregation units and to the general population for the very
specialized training Clinical services personnel should have appropriate difficult cases evidencing major disturbances in the
education and certification for their specialties. Where possible, residency- institutional community. The segregation unit thus should be
training programs should be established in correctional, institutional and field seen primarily as an adjustment center with- a close
activities. integration of custodial, counseling, casework and clinical
services activity.
In this discussion, the emphasis will be placed on describing the
important uses to which clinical services personnel can be assigned in the Occupational therapy programs employing professionally
correctional process. trained occupational therapists should be part of the
institutional program for inmates with emotional, mental or
1. Reception Process - Intelligence and personality tests physical handicaps requiring special attention. Workload
administered by qualified clinical psychologists. They are standards should be established through consultation with
required as a basic part of the diagnostic process and the appropriate professional associations. Where
program planning. Intelligence and vocational aptitude test occupational therapists have been used in both mental
should be selected carefully with the psychologist's hospitals and prisons, there have been dramatic examples
guidance, and should be administered routinely. Serious of improvement of severely diagnosed individuals. In
thought should be given to periodic supplementary testing addition, the occupational therapist programs are very useful
and re-evaluation. The emotional state of the inmate upon

26
 in diagnosis and evaluation of long-term needs for inmate in the list of grievances presented by the prisoners. Partly, this is due to the
programming. 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
3. Pre-release Activity - In preparing for release to inmates, the privacy. Another cause is man in prison finds himself without appropriate
clinical services group serves an important function by m stimuli, which suggest opportunities for sexual activity. The absence of
akin an assessment of psychopathology and the females and 'the absence of social situation that call for sexual responses,
implications of such assessment for behavior in the general such as being out of town, ogling and drinking, serve as effective inhibitors of
community. In addition to the general assessment one of the -sexual responsiveness.
most important functions to be served by the clinical
services group, especially in cases having psychotic or Homosexuality
bizarre histories is in the prescription for appropriate post-
release programming that is transmitted to the parole Homosexuality is the most common form of sexual perversion in
service. 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
4. Post-Institutional Care - Consultant clinical services should immensity and violent consequences. There are two factors that encourage
be available for the use of parole supervisors in assessing homosexual behavior in Prisons. The first is deprivation of opportunity for
progress, supervision needs for most effective parole normal sex outlet, and as a result of this denial, Prisoners have no
management of large numbers of parolees demonstrating alternative but (1) to strive for complete continence, a state which is very
unusual personality disturbance or with histories of difficult for many to achieve, or (2) to indulge in onanism; or (3) to engage in
unpredictable behavior. homosexual practices. The other basic factor encouraging homosexual
behavior is found in the fact that every normal person has "erotic zone" in his
As part of parole treatment and management, outpatient body aside from his genital region which if stimulated gives the person under
parole diagnostic and treatment clinics should be developed certain condition, full gratification or completion of sex act. Hence, every
in the major metropolitan areas. In many instances the person is neurotically and potentially capable of gaining sexual gratification
paroling authorities are of the opinion that men may be from homosexual practices. Considering the unique situation the prisoners
released with relative assurance of safety to the community are placed, it is therefore not surprising that a number of them are indulging
provided there is a continuing clinical assessment and in homosexual practices.
treatment of offenders with unusual histories. The functions
of the outpatient clinic would include on-going treatment of How Homosexuality begins
cases showing positive response and the evaluation of
especially difficult cases at the time of key decisions. When members of one sex are gathered together in isolation from
the opposite sex many will discover homosexual practices. The tragedy in
SEX PROBLEMS IN PRISON 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,
Sex is one of the most challenging problems that confront the and carrying these practices with them, remain homosexual by preference
administrators of our prisons today. The problem is normally related to when they are discharged from prison or other situation that encourage
diseases of mental abnormality and emotional instability that emerge in homosexuality. Homosexual persons may be divided into two categories, (1)
definite criminal conclusions. Despite evident progress in many avenues of one composed of persons who have learned "accidentally" to indulge in
correction, there are certain areas of behavior with which the pris6n system perverted acts, (2) the other composed of persons who had their inclinations
has not been able to cope. One of them is the problem of sexual adjustment ingrained as one of their fundamental personality traits.
in all institutions where inmates are deprived of social or sexual contact.
Characteristics of Prison Homosexuals
With the exception of few prisons where conjugal visits are
allowed, inmates generally manifest deviant sexual behavior, namely: An obvious example of a difference between the inmate or
nocturnal sex dreams (emissions), masturbation and sodomy. Male prisoner congenital homosexual and the “average” or "norrnal" person is found in
are randomly distributed according to social status and general life style from reversed secondary sex characteristics as having broad hips, a female
the pauper to the opulent, although the prisoners who make up the bulk of hairline large breast, effeminate voice and features, for male; the female
population are drawn from the deprived sections of society. As a invert homosexual will have a masculine hairline and a deep voice. This, of
consequence, sexual experience of these men and the meaning that sex has course, is not true of the accidental homosexual. There are indications
for them differs significantly from other sectors living in free community. that homosexuality is such more prevalent that many assume. There is
ample evidence that homosexual relationships are of transitory nature,
A number of dimension of these substantial differences are to be occurring perhaps only once or twice over of a unique, social situation like a
found in the sexual activity and attitudes of men who have differing amounts man in prison where homosexuality is prevalent.
of education and social origin. Imprisoned men and men of delinquent
histories generally have wider sexual experience than men living in There are varying estimates of the number of males who have
conventional and non-delinquent lives. homosexual contact during their periods of confinement, but the range is
probably between 30 and 45 percent, depending upon the intensity of
Reasons for the Deviation custody in the institutions, the social origins of the population, and the
duration of individual sentence. Homosexuality in prison is quite a different
Drawing on the knowledge about the dimensions of prior sexual phenomenon than homosexual experience in the outside community. In the
adjustment of men who go to prison, the first major sense of experience is prison context, homosexuality is an imitation of normal sex life with the very
actually how little sexual activity of any sort secure within the prison, thus, sexual activity suggesting masculine and feminine role components, thus a
even after the shock of imprisonment has worn off, which often for recidivist passive male prisoner submits to this sexual activity of another active male
this occurs quickly, there is no sudden burst of sexual activity of any type. prisoner by coercion because either of fear or indebtedness. There are other
Confirming these impressions are the low order of sexual complaint as found
27
male prisoners who have developed preferences for male companions from Some of the most successful aphrodisiacs are the absence of
their own experience and who enter prison as homosexual. 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
The aggressor provides protection, a measure of affection and environment and, in some cases only the last one. One of the sources of
perhaps gifts in case of older inmates. The passive inmate provides sexual sexual cues is fantasy, those remembered or desired sexual experience that
access, affection, and other pseudo-feminine services. In cases of long-term commonly serves as the basis of masturbation, which is self-gratification.
inmates, these relationships may be conceived as pseudo marriage resulting These fantasies then begin to facilitate further masturbation and a continuing
to a greater degree of sexual reciprocity. To some extent, this relationship commitment of sexual outlet. Masturbation serves primarily as a mechanical
creates problems of sexual jealousy, which erupts into violence. release of felt physical tension. The prisoners learn and rehearse sexual
style in the context masturbation. As it is indulged secretly, its extent cannot
Woman and Homosexuality 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
Homosexual behavior is not restricted to male institution only but memorizing verses in the Bible and passages in poetry, to drain of his sexual
is found in women's reformatories and in girls’ correctional institutions as hunger.
well. Many of the females sent to these places have not developed
inhibitions and thus find the situation almost unbearable. They easily turn to Sodomy
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 Another sex problem prevalent in prison is sodomy. Sodomy as a
for administrators of prisons to control this problem in the institution largely manifestation of sexual perversion is the direct result of the denial of normal
because the inmates have more freedom than male prisoners. Women's contact with opposite sex that is a part of the society outside. In a situation
reformatories are usually of the cottage type with large campuses where where homosexuality is not practiced by inmates due to absence of passive
friendships between girls and women have very little restraint. The sexual partners or there are no known homosexual in a cell, prisoners sometimes
adjustment of women to imprisonment is then strongly linked to the general indulge in sodomy, or sex relation with another male, which is a criminal
goals to which most are socialized in the larger society. The frequencies of offense.
any sexually ameliorative behaviors such as masturbation and
homosexuality are considerably less frequent for women than men in prison. Conjugal Visit

Female prisoners appear to form into pseudo families with The program of involving the practice of permitting inmates, some
articulated roles of husband and wife. These family systems seem to arise opportunities of normal sex life has been tried with success in several
from these sources. One source is a process of compensation: the majority countries throughout the world especially in Latin American countries, like
of female prisoners are from several disordered homes and the creation of Salvador, Mexico, Columbia, Argentina and Brazil. In some countries notably
the pseudo family often compensate for this deficiency. Another source Sweden home furlough, which is the inmate's rights and not a privilege,
results from the socialization of women, who instead of forming a gang for meets the need for normal sex practice. A policy of permitting the families of
self-defense as male prisoners do, tend to form pseudo family. Finally, prisoners to move to a prison compound has long been in operation in
pseudo family operates to stabilize relationships in the institutions and to several countries. It was the practice at least during 1930's in U.S.S.R.,
establish orders of dominance and s submission among female prisoners. It especially in Bolshevo prison near Moscow.
is the result of these relationships that homosexuality is being practiced by
female prisoners. 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
Control of Prison Homosexuals 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
No satisfactory solutions have been found to sex problems in erected for overnight visit of men's wives. This is likewise true in progressive
prison except to reduce the opportunities for such practices. For, instance, Mexican "Islas Marias" prison colony in the Pacific Ocean. Perhaps the most
having only one prisoner in each cell, providing physical exercise during the dignified type of conjugal visiting was established in Argentina in 1947. In the
day to encourage sleep at bedtime and by adequately supervising all National Penitentiary in Buenos Aires, each inmate who maintains good
congregations of prisoners where they are in the situation which affords an behavior is entitled to periodic visits from his wife in a specially built structure
opportunity for homosexual practices. Several attempts have likewise been intended for the purpose.
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 In the United States of America such practice of conjugal visit has
other prisoners to take their place. not been officially sanctioned by state authorities, although clandestine
conjugal visits have existed for many years in Mississippi State Penitentiary
Probably the only long-term solution is to adopt the policy of home located at Parchman in Yazoo-Mississippi Delta, popularly known as
visits at intervals during incarceration and to provide alternative modes of Parchman Institution. Here, it emphasizes not only the bringing of visitors
self-expression for these social and Psychological needs because of the into prison during Sunday's but it allows the inmates to keep contact with
current structure of male prison, result in homosexuality. The answers to their families by leaving the prison themselves. Under the visiting leave
homosexuality are: program at Parchman called "Holiday Suspension Program" each year from
December 1 until March 1, selected inmates who have been in the
1. encourage those who actually desire to change to take penitentiary at least 3 years with good behavior records may go home for a
psychiatric treatment period of 10 days.
2. permit them unmolested to seek out their kind as they wish
in free community There are numerous problems that arise in connection with the
3. conjugal visit for married prisoners privilege of allowing conjugal visits in prison. Among them are

Masturbation

28
 1. the possibility of common-law wives to visit their common- With the effectivity of the Spanish Penal Code in the country, it
law husbands which create resentment and jealousy on the was then necessary to establish a system of incarceration. So in 1847 the
part of legitimate wives construction of the Bilibid Prison started. This institution became the central
2. prostitutes to call on some inmates which would result to the place of confinement for Filipino prisoners. Prior to the establishment of
spread of venereal diseases Bilibid Prison, prisoners were confined in jails under the jurisdiction of
3. that it is unfair to unmarried inmates Commandancias where law enforcement units were stationed.
Commandancias were established in practically every province of the
Relatively however, this practice of conjugal helps a lot. It keeps country. In 1865, the Bilibid Prison was opened by virtue of a Royal Decree
marriages from breaking up, reduces homosexuality, makes inmates more of the Spanish Crown.
cooperative, helps rehabilitate inmates, makes inmates easier to control, and
makes inmates work harder. 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,
Conjugal Visit in the Philippines 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
In the Philippines, the practice of conjugal visiting was not allowed brigades made of strong adobe stones were so sturdy that even to this day,
in the earlier part of its prison system. However, the policy of the government after their transfer to the city government of Manila they still stand and are
specially the Bureau of Prisons is to-allow the families of some prisoners who being used by the City of Manila as the City Jail.
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 The New Bilibid Prison
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 The Bilibid Prison continued as the main national prison until 1941
to raise poultry and livestock for their own personal use. The colony post- when it was transferred to a new site in Muntinlupa, Rizal. The old prison had
exchange sells their product. When released, the prisoners, if they so desire become overcrowded because prison population increased from year to
to live in the colony, are reclassified as homesteaders and are given 6 year. The Prison at Azcarraga (now-Recto) was also fast being enveloped by
hectares homestead lot in the Tagumpay and Tanglaw Settlements. Only the modem structural expansion in the city so it was then necessary to move
Iwahig and Davao Prisons and Penal Farms, so far, are operating land the prison from the city to a suburban site.
settlements where homestead lots are distributed to released prisoners.
There are community resources such as, school, church, recreation center, In 1936, the City of Manila exchanged its Muntinlupa property of
post exchange, hospital and clinics for the colonists and their families. 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
THE PHILIPPINE PRISON SYSTEM 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
Prior to the coming of the Spaniards and immediately soon after Bilibid Prison in Manila were transferred to the new site on the
their arrival, the penal system of this country was jurisdictionally local and recommendation of the Cabinet shortly before the outbreak of World War II.
tribal. It consisted mostly of native mores and customs administered by The new site occupies 552 hectares. During the war, Filipinos who were
regional chieftains. The more notable ones were those of Datu Sumakwel's - suspected as guerrilas were sent to the New Bilibid Prison for confinement
Maragtas Code, Code Kalantiao, Sikatuna and others. The most extensive, by the Japanese Occupation Army. When Manila was liberated, Americans
the Kalantiao Code was comparable with Greek and Roman laws of the time who were former prisoners of war were camped in the New Bilibid Prison
as well as with their contemporary Spanish and English criminal laws. reservation for physical recuperation.

Upon the occupation of the Philippines by the Spaniards dating as The Bilibid Prison is mainly - a maximum custody institution.
far back as 1521, and at various later dates when formal occupation of the Being the main prison, it receives commitments from Courts of First Instance,
different villages were effected by the Spanish “conquistadores” the laws and Criminal Circuit Courts all over the Philippines, except those sentenced
which were introduced in the Philippines were the royal decrees, ordinances, by the Courts of First Instance and Criminal Circuit Courts of Zamboanga
rules and regulations for the government of the colonies promulgated by the and Sulu who may be committed directly to the San Ramon Prison and
King of Spain from time to time and later on incorporated into "Recopelacion Penal Farm. The New Bilibid Prison has a capacity of 3,000 Prisoners. The
de las Leyes de India." These were enforced until 1887, when the Penal New Bilibid Prison operates two satellites units, namely, Bukang Liwayway
Code of 1870 of Spain with some minor changes, which were recommended Camp and Sampaguita Camp. These two camps are located about a few
by the Code Committee for the Oversea Provinces (Pronvicas de Ultramar) hundred meters back to the New Bilibid Prison compound. The Bukang
in order to suit local conditions, were put into effect. Liwayway Camp houses 1,500 minimum-security prisoners who work in the
various projects of the institution. In Camp Sampaguita, the Reception and
By virtue of a Royal Decree of September 4, 1884, the Code thus Diagnostic Center, the Medium Security Unit and the Youth Rehabilitation
prepared by the Code Committee was ordered enforced in the Philippines. Center is located.
Some of the objections to the enforcement of the Code were raised by the
"Gobierno General" to the Minister of Ultramar, but notwithstanding such The Medium Security Unit can handle a population of 700
objections, in a subsequent Royal Decree dated December 17, 1886, the prisoners who are employed in the agricultural projects under guard escorts.
Code was ordered promulgated. The Penal Code together with the "Ley The Youth Rehabilitation Center is capable of accommodating a population
Engiciamiento Criminal" were then enforced, both laws taking effect four of 500 inmates. This unit offers a special treatment and training program for
months thereafter, in accordance with the provisions of the Decree youthful tractable offenders. The New Bilibid Prison specializes in the
"Legislacion Ultramarina" of March 13, 1887. industrial type of vocational training. It operates a furniture shop, shoe
repairing shop, blacksmith and tinsmith shop, auto mechanics and
The Bilibid Prison 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

29
high school course for prisoners who desire to complete their high school The Iwahig Penal Colony administers the Tagumpay Settlement.
education. The school is a part of the public high school of Rizal province. The Settlement is a 1,000 hectare portion of the colony which was
Since its establishment in 1956, the school has graduated over three subdivided into 6-hectares homestead lots. These lots are distributed to
hundred inmates. released inmates who desire to live in the settlement.

The Reception and Diagnostic Center One important feature of the Iwahig Penal Colony is the privilege
granted to colonists to have their families transported to the colony at
In 1953, the Reception and Diagnostic Center was established for diagnostic government expense and to live with them in the colonists' village. The
study of prisoners for more scientific rehabilitation. The Center was opened institution maintains various community resources such as schools, church,
by virtue of Administrative Order No. 11 of the Secretary of Justice. From recreation center, post exchange, hospital and clinics for the colonists and
then on the Reception and Diagnostic Center operated as a separate their families. The colonists who have their families with them are assigned a
institution and is housed in one building inside the Camp Sampaguita piece of land to cultivate and are encouraged to raise poultry and livestock
compound in the New Bilibid Prison. 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 San Ramon Prison and Penal Farm The Correctional Institution for Women

In 1869, the authorities saw the need of establishing one prison In 1931, the Correctional Institution for Women was established
separate from Bilibid for those who fought the established government. So, on an 18-hectare piece of land in Mandaluyong by authority of Act 3579,
San Ramon Prison and Penal Farm in the southern tip of Zamboanga was which was passed on November 27, 1929. Prior to the establishment of this
established for the confinement of political offenders. During those days a institution, female prisoners were confined in one of the wings of Bilibid
rebel who was not shot was either sent to Guam or the Marianas or to Prisons. Later the position for a female superintendent was created in. 1934.
Zamboanga. The San Ramon Prison was named after its founder, Ramon Correctional Institution for women is an institution under the Bureau of
Blanco, a Spanish captain in the Royal Army. The purpose of this prison was Prison, managed by the female personnel, except the perimeter guard who
for the segregation of political fecal citrates that advocated for reforms but are male.
which reforms were rejected by the constituted authorities. Thus, Dr. Jose
Rizal who fought for reforms was considered an enemy of the government The Correctional Institution for Women is the only penal institution
and was imprisoned in Dapitan, also in Zamboanga. for women in the Philippines. It has an average inmate population of 180.
The institution conducts vocational courses in dressmaking, beauty culture,
The San Ramon Prison and Penal Farm has an area of 1,524.6 handicrafts cloth weaving and slipper making.
hectares. It houses maximum, medium and minimum custody types of
prisoners. Prisoners who are directly committed, by the court to this prison The Davao Penal Colony
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 The Davao Penal Colony was established on January 21, 1932, in
prisoners. The principal product of the San Ramon Prison is copra, which is accordance, with Act No. 3732 and Proclamation No. 414, series of 1931.
one of the biggest sources of income of the Bureau of Prisons. It also raises The first contingent of prisoners that opened the colony was led by General
rice, corn, coffee, cattle and livestock. Paulino Santos, its founder and the then Director of Prisons. The area
consists of 18,000 hectares, mostly devoted to abaca.
The Iwahig Penal Colony
In 1942, the Davao Penal Colony was used as a concentration
On Novmber 16, 1904, Foreman R.J. Sheilds with her sixteen camp for American prisoners of war. The former inmates were all transferred
prisoners left the Bilibid Prison by order of Governor Forbes who was the to the Inagawan sub-colony in Iwahig. During the war, the Japanese
Secretary of Commerce and Police, to establish the Iwahig Colonv in devastated the colony, destroying its buildings, machineries and industries.
Palawan. The idea was hatched on the suggestion of then Governor Luke E. In August 1946, the colony was re-established to its former productive
Wright who envisioned it to be an institution for incorrigibles. The first activity by slow reconstruction. This institution is now the main source of
contingent, however, revolted against the authorities. They hogtied their income of the Bureau from its vast abaca, banana, rice and other farm
Superintendent, Mr. Madaras, and could have killed him were it not for the industries.
timely succor of the Philippine Scouts stationed in Puerto Princesa. When
the Philippine Commission, by virtue of Reorganization Act 1407, created the At present, the Davao Penal Colony is a combination of medium
Bureau of Prisons on November 1, 1905, the authorities changed the policy and minimum custody type of institution. The greater portions of the prison
regarding Iwahig so that instead of sending incorrigibles, inmates who were population are medium security inmates who live in a stockade enclosed with
well behaved and declared tractable were assigned to this colony. Today, wires. The prisoners work in the open fields under escort guards. The Davao
the Iwahig Penal Colony enjoys the reputation of being one of the best open PenaL Colony manages the biggest abaca plantation in the whole country.
institutions in the World. Only mutual trust and confidence between the The colony is divided into two sub-colonies, namely, the Panabo Sub-Colony
wards and the prison authorities keep them together, there being no walls. and the Kapalong sub-colony.
At present, the Iwahig Penal Colony is a minimum custody or Each sub-colony is headed by a Penal Supervisor. The Davao
open institution. It has an area of 36,000 hectares and an average population Penal Colony also raises rice, corn kenaf, copra, and cattle. It has a potential
of 4,000 prisoners. The colony is divided into four sub-colonies, namely: Sta. of producing rice, which will meet the needs of the whole inmate Population
Lucia sub-colony, Inagawan sub-Colony, Montible sub-colony and Central of the Bureau. The colony is engaged in a joint venture with Tagum
sub-colony. Each sub-colony operates as a small institution under the Development Company in a 3000-hectare banana plantation for the export of
management of a penal supervisor. T banana fruits not only to Japan but also to the Middle East countries
particularly Saudi Arabia and Egypt. The colony also operates the Tanglaw

30
Settlement where released prisoners of said colony are relocated as charged with crime. Later it came into use for the service of shorter
homesteaders. 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.
The Sablayan Penal Colony and Farm
Generally, Jails differ from the prisons in that the former are
In 1954, the increase in prison population was such that there administered by local governments such as municipality, city or province
was congestion again in the New Bilibid Prison. The New Bilibid Prison which while the latter are administered by the state or national government.
could hold only 3,000 had a population of 6,000 prisoners in 1954. On Furthermore, jails are institutions for the confinement of untried prisoners
September 27, 19S4, the President of the Philippines issued -Proclamation and sentenced prisoners serving imprisonment of not more than three years,
No. 72 setting aside 16,000 hectares of the virgin lands in Sablayan, while prisons are institutions for the confinement of sentenced prisoners
Occidental Mindoro for the Sablayan Penal Colony. The first trailblazers serving imprisonment of more than three years.
were the experienced colony administrators from Iwahig Penal Colony
headed by the Assistant Superintendent of that colony - Mr. Candido History of the Jails
Bagaoisan. Sablayan Penal Colony enjoys the reputation of being the
youngest and fastest growing colony under the Bureau. When the first crude system of community organization began to
emerge in the stone age, a small cave was undoubtedly designated as a
This institution is an open or minimum-security type of institution. holding cell for the detention of those who violated the tribal code until the
It has an area of 16,408.5 hectares and has an average prison population of elders could gather at the side of some nearby mountain to decide upon
1,500. Rice is the principal product of the colony. This institution is self- punishment. But when punishment had been determined, a restraining
sufficient in rice. It also raises vegetables not only for the use of the colony, boulder was rolled aside from the mouth of the cave, the guilty were brought
but also for the inmates of the New Bilibid Prison. and punishment promptly meted, Until about 200 years ago, the jail was
used exclusively for the detention of the accused pending trial and imposition
Bureau of Prisons to Bureau of Corrections of punishment. The punishment imposed were torture, banishment, exile,
death, branding, Mutilation, but never imprisonment
The basic law on the Philippine Prison System is found in the
Revised Administrative Code, particularly Sections 1705 to 1751 of said Types of Jails – the modern jail system falls into three general
Code, otherwise known as the Prison Law. The Prison Law states that the classes:
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 1. The lock-up - This is a security facility, usually operated by the
Bureau of prisons has “general supervision and control of national and police department, for the temporary detention of persons for
provincial prisons and all penal settlements", and is charged with the preliminary hearing. Usually the period of detention does not
safekeeping of all prisoners confined therein or committed to the custody of exceed 48 hours. Persons who must be held longer are transferred
said Bureau. to the city or provincial jails.
Section 1724 of the Law requires the Bureau of Prisons to 2. The Ordinary Jail - In most instances this institution houses both
promulgate rules and regulations that will best promote discipline in all the offenders awaiting court action and those serving short sentences,
national and provincial prisons and penal institutions and best secure the usually up to three years. Frequently, it is the only facility available
reformation and safe custody of prisoners of all classes. Section 1725 of the for the detention of the juvenile offender and for the care of the
same law prescribes that the mode of treatment of prisoners "shall be with non-criminal insane pending commitment to the state psychopathic
humanity", and that provisions shall be made for the segregation of juveniles hospital. It may be administered by the police department or by the
from the adult offenders and those of the sexes. provincial jail administration
Administrative Code of 1987 and Proclamation No. 495 issued on 3. The Workhouse, Jail-Farm or Camp - These institutions house
November 22, 1989. Change the agencies' name to Bureau of Corrections minimum custody offenders serving short sentences, usually not
from Bureau of Prisons. The rationale behind changing the Bureau’s more than three years. Like the ordinary jail, thy maybe operated
name is to conform to the ongoing trends of modern penology – shifting from by the city police department or by the provincial jail
the antiquated punitive system of incarceration to the humanistic administration.
rehabilitation approach
Cities and provinces, which have big inmate populations, may
Relationship of the Bureau of Prisons with Parole and Jail operate the three types of jails mentioned above.
Consolidated Jails
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 Ideally, jails should be used only for the detention of prisoners
jurisdiction of the Department of Justice. However, the functions of these two awaiting court action and few short-sentence prisoners who require
agencies are allied with respect to the treatment and training of offenders, so maximum security. Other short-sentence prisoners should be housed in
that they should maintain a relationship that is coordinate and advisory in special institutions such as farms, camps, workhouse, etc., which can
nature. provide full employment, remedial services, and constructive leisure-time
activities. The correctional treatment of sentenced offenders requires more
JAIL ADMINISTRATION complete facilities and larger staff than can be provided by the average city
or provincial jail, An institution serving several jurisdiction, however, can
Jails 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 are primarily adult penal institutions used for the detention of jails then can revert to their proper function in housing prisoners awaiting
law violators. Its original function was the pre-trial detention of persons trial.
31
 Alternative to Jail Confinement Objectives of the BJMP

In order to solve the problem of congestion of prisoners in jail and 1. To improve the living conditions of the offenders in
save many accidental offenders from becoming hardened offenders, the accordance with the accepted standards set by the United
following alternative to jail confinement are suggested: Nations.
2. To enhance rehabilitation and reformation of offenders in
1. Elimination from the jail of those who belong elsewhere . Such preparation for their eventual reintegration into the
persons as the chronic alcoholics, the insane, the children, the ill, mainstream of society upon their release.
the destitute, and the other jail misfits should move out and give 3. To professionalize jail services.
the prisoner a chance. These people belong to hospitals for
mentally or to foster homes. Principles of the BJMP
2. Payment of fines in lieu of imprisonment. Court records and
dockets are crammed with persons ordered to jail for failure or 1. It is the obligation of jail authorities to confine offenders
inability to pay fines. The application of punishment with relation to safely and provide rehabilitative programs that will negate
the economic status of the offenders seems to be illogical. As long criminal tendencies and restore their positive values to make
as we consider the imposition of a fine as an appropriate measure them productive and law-abiding citizens.
of punishment, consideration should be given to its payments on 2. No procedure or system of correction shall deprive any
the installment plan. offender of hope for his ultimate return to the fold of the law
3. Use of Probation. The use of probation in minor cases can be and full membership in society.
availed of effectively for selected offenders as a means of reducing 3. Unless provided otherwise, any person accused of a
the jail population. criminal offense shall be presumed innocent and his rights,
4. Wider use of approved methods of release from custody . The as a free citizen shall be respected, except for such
wider use of bail, release on personal recognizance, paroling to indispensable restraints during his confinement in the
the family, friends or attorneys, is advisable in cases of a minor interest of justice and public safety.
nature. Judges hold within their power the extended use of these 4. Offenders are human beings entitled to the same basic
measures. They need to comprehend that jail confinement is the rights and privileges enjoyed by citizens in a free society,
least desirable of procedures. except that the exercise of these rights are limited or
5. Consolidation of Confinement Facilities. In many areas, adjacent controlled for security reasons.
provinces and cities could give consideration to the combined use 5. Health preservation and prompt treatment of illness or injury
of a single jail rather than continuing the use of several jails. This is a basic right of every person confined in jail and it is the
would make possible efficiency and economy of operation and the duty of jail facilities to arrange for their treatment subject to
improvement of housing facilities. security measures.
6. Establishment of Farm Units and Forestry Camps . These 6. Members of the custodial force shall set themselves as
alternatives to the continued employment of the typical local jail examples by performing their duties in accordance with the
are attaining wider approval. The states of California, Wisconsin, rules and respect the laws duly constituted by authorities.
Virginia and numerous others are successfully operating approved 7. No jail personnel shall be abusive, insulting, indecent
camps, farms and colonies. The county of Los Angeles has languages on the offenders.
developed a commendable jail-farm system, which is meeting with 8. No jail personnel shall use unnecessary force on offenders
community approval. The establishment of such units serves to except for legitimate self-defense or in cases of attempted
provide constructive use of labor of those confined. active and passive physical resistance to a lawful order.
7. The use of the delayed sentence . Various areas, notably 9. No penalty shall be imposed upon any offender for violation
Wisconsin, have experimented with the use of the delayed of rules/regulations unless in accordance with duly approved
sentence. Sometimes referred to as the “ weekend sentence,” or disciplinary procedures.
the “night sentence” this procedure permits a jail prisoner to 10. Penalties to be imposed shall not be cruel, inhuman, or
pursue his normal job during the week and return to the jail to degrading, and no physical punishment shall be employed
serve his sentence during non-working hours. as a correctional measure.
11. Members of the custodial force must understand that
Jail Administration in the Philippines offenders need treatment and counseling and the primary
purpose of confinement is for safekeeping and rehabilitation.
Provincial Jails - Provincial Jails in the Philippines are not under 12. When conducting routinary custodial guarding, the ratio of
the jurisdiction of the Bureau of Corrections. They are managed and 1:7, or one guard for every 7 offenders shall be observed.
controlled by the provincial government. 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
Bureau of Jail Management and Penology (BJMP) - The BJMP demands extra precaution additional guards shall be
exercises supervision and control over all cities and municipal jails employed. This manning level shall be national in scope for
throughout the country. The enactment of Republic Act no. 6975 created the effective jail administration.
BJMP. It operates as a line bureau under the Department of the Interior and
Local Government (DILG). Powers, Functions and Organization of the BJMP

Mission 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
The Jail Bureau shall direct, supervise and control the adequately equipped jail for the custody and safekeeping of city and
administration and operation of all district, city and municipal jails to effect a municipal prisoners, any fugitive from justice or persons detained awaiting
better system of jail Management nationwide.

32
investigation or trial and/or transfer to the National Penitentiary, and any
violent, mentally ill person who endangers himself or the safety of others. City and Municipal Office - In the City and Municipal level, a city
or municipal Warden shall head each jail.
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 Rank Classification of the BJMP
offenders;
4. Conduct researches, develop and implement plans and RANK POSITION/TITLE
programs for the improvement of jail services throughout the APPOINTING AUTHORITY
country.
Director Chief of the BJMP
Organization and Key Positions in the BJMP Secretary of DILG
C/ Supt. Deputy C/BJMP
The BJMP, also referred to as the Jail Bureau, was created same
pursuant to Section 60, R.A. no. 6975, and initially consisting of uniformed Sn. Supt. Asst. Regional Dir.
officers and members of the Jail management and Penology service as same
constituted under P.D. no. 765. The Bureau shall be headed by a chief with Supt. Asst. Regional Dir.
the rank of Director, and assisted by a Deputy Chief with the Rank of Chief same
Superintendent. Chief Insp. Warden
The Central Office is the Command and Staff HQ of the Jail Under Secretary
Bureau composed of 3 Command Groups, 6 Coordinating Staff Divisions, 6 Sn. Insp. Warden
Special Staff Groups and 6 Personal Staff Groups namely: same
Inspector Warden
1. Command Group - Chief, BJMP - Deputy C/BJMP - Chief of same
Staff SJO 4 to Jail Guards
Chief of the BJMP
2. Coordinating Staff Groups JO1
- Administrative Division
- Operations Division Duties and Responsibilities
- Logistics Division
- Finance Management Division WARDEN - Direction, Coordination, and Control of the Jail,
- Research Plans and Programs Division Responsible for the Security, safety, discipline and well being of inmates
- Inspection and Investigation Division
The office of the warden may organize the following units:
3. Special Staff Groups
- General Services Unit 1. Intelligence and Investigation Team - It gathers,
- Health Services Unit collates and submits intelligence information to
- Chaplain Services Unit the office of the warden on matter regarding the
- Community Services Unit jail condition.
- Finance Services Unit 2. Jail Inspectorate Section - Inspect jail facilities,
- Hearing Office personnel, and prisoners and submit reports to
the warden.
4. Personal Staff Groups 3. Public Relation Office - Maintain public relation to
- Aide-de-Camp obtain the necessary and adequate public
- Intelligence Office support.
- Public Information Office
- Legal Office ASSISTANCE WARDEN - The office of the Assistant Warden
- Adjudication Office undertakes the development of a systematic process of treatment. He acts
- Internal Audit as the Chairman of the Classification Board and Disciplinary Board for jails.

Regional Office - At the Regional Level, each Region shall have a ADMINISTRATIVE GROUPS
designated Assistant regional Director for Jail management and Penology.
The administrative groups take charge of all administrative
Provincial Level - In the Provincial Level, there shall be functions of the jail bureau.
designated a Provincial Jail Administrator to perform the same functions as
the ARDs province wide. 1. Personnel Management Branch
 Assignment of personnel
District Office - In the District Level, where there are large cities
 Procedures of selection
and municipalities, a district jail with subordinate jails, headed by a District
 Preparation of personnel reports
warden may be established as necessary.
 Individual record file
33
 1. Medical and Health Services Branch - Provides medical and
2. Records and Statistics Branch physical examinations of inmates upon confinement,
treatment of sick inmates and conduct medical and physical
 Keep and maintain booking sheets and arrest examinations and provide medicines or recommends for the
reports hospitalization of seriously ill prisoners or inmates. It also
 Keep an orderly record of fingerprints and conducts psychiatric and psychological examinations.
photographs
 Present/ Prepare statistical data of inmates 2. Work and Education Therapy Services - It take charge of the
job and educational programs needed for rehabilitation of
3. Properties and Supply Branch inmates by providing them job incentives so they can earn
 Take charge of the safekeeping of equipments and provide support for their families while in jail.
and supplies and materials needed for the
operation of the jail. 3. Socio- Cultural Services - It takes care of the social case
work study of the individual prisoners by making interviews,
4. Budget and Finance Branch home visits, referral to community resources, free legal
 Take charge of all financial matters such as services, and liaison works for the inmates.
budgeting, financing, accounting, and auditing.
4. Chaplaincy Services - It takes charge of the religious and
5. Mess Service Branch moral upliftment of the inmates through religious services.
 Take charge of the preparation of the daily menu, This branch caters to all religious sects.
prepares and cook the food and serve it to
inmates. 5. Guidance and Counseling Services - Responsible for the
individual and group counseling activities to help inmates
6. General Service Branch solve their individual problems and to help them lead a
wholesome and constructive life.
 Responsible for the maintenance and repair of
jail facilities and equipments. It is also task with
Categories of Prisoners
the cleanliness and beautification of the jail
compound.
Municipal Prisoners - Persons who by reason of their sentence
may be deprived of liberty for not more than six months. The imposition of
7. Mittimus Computing Branch
subsidiary imprisonment shall not be taken into consideration in fixing the
 Tasked to receive court decisions and compute
status of a prisoner hereunder except when the sentence imposes a fine
the date of the full completion of the service of
only.
sentence of inmates.
Provincial or City Prisoners - Persons who by reason of their
Mittimus – is a warrant issued by a court directing the jail or prison
sentence may be deprived of liberty for not more than three years or are
authorities to receive the convicted for the service of sentence imposed
subjected to a fine of not more than one thousand pesos, or are subjected to
therein or for detention
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
SECURITY GROUPS - The security groups provides a system of
provincial prisoner.
sound custody, security and control of inmates and their movements and
also responsible to enforce prison or jail discipline.
The imposition of subsidiary imprisonment shall be taken into
consideration in fixing the status of a prisoner hereunder except when the
Escort Platoon
sentence imposes a fine only.
a. Escort Section – to escort inmate upon order of any
judicial body; upon summon of a court; or transfer to All other prisoners are considered National Prisoner.
other penal institutions
b. Subpoena Section – receives and distribute court
summons, notices, subpoenas, etc. PARDON
Pardon is a form of executive clemency that is exercised by the
Security Platoon 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
A three (3) working platoon shifts responsible for over all
does the Legislative Branch of the government have the right to establish
security of the jail compound including gates, guard posts
conditions nor provide procedures for the exercise of clemency.
and towers. They are also responsible for the admitting and
releasing unit.
History of Pardon

The exercise of the pardoning power has always been vested in

REHABILITATION PURPOSES GROUPS
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
This group provides services and assistance to prisoners and
the bible contains an illusion where a criminal was released and pardoned by
their families to enable them to solve their individual needs and problems
the King at the time Christ was crucified.
arising from the prisoners’ confinement.

34
 In England, pardon was developed out of the conflict between the the terms of pardon. A pardon does not exempt the offender from the
King and the Nobles who threatened their powers. Pardon was applied to payment of civil indemnity imposed upon him by the sentence. Absolute
members of the Royal family who committed crimes, and occasionally to pardon totally extinguishes the criminal liability but not the right of the
those convicted of offenses against the royal power. It was the general view offended party to enforce the civil liability against the offender.
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 In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court
advice of the Minister of the Interior. 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
In the United States, pardoning among the early American pardonee to full civil and political rights.
colonists was a carry-over of the English practice. The Royal governor
through the power delegated by the King exercised the pardoning power. In another case, the supreme Court reiterated the doctrine laid
After the declaration of Independence, the Federal and state constitutions down on the Cristobal vs. Labrador case and elucidated further that “ an
vested the pardoning power on the President of the United States and the absolute pardon not only blots out the crime but removes all disabilities
Governor in federal and state cases, respectively. resulting from the conviction; and that when granted after the term of
imprisonment has expired, absolute pardon removes all that is left of the
In the Philippines, the pardoning power is vested on President. consequences of conviction.” (Polobello vs. Palatino, 72 Phil.441 )

Kinds of Pardon Differences between Amnesty and Pardon

As practiced in the Philippines, there are two kinds of pardons, Pardon includes any crime and is exercised individually by the
namely, the absolute and conditional pardons. Chief Executive, while amnesty is a blanket pardon granted to a group of
prisoners, generally political prisoners. Pardon is exercised when the
Absolute Pardon - is one, which is given without any condition person is already convicted while amnesty may be given before trial or
attached to it. The purposes of this kind of pardon are: investigation is had.

1. To do away with the miscarriage of justice - Under the In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme
present method of judicial procedure justice is not Court distinguished pardon from amnesty in that, “ pardon is granted by the
guaranteed. It is possible to convict innocent person, as it is Chief Executive and such it is a private act which must be placed and proved
possible for criminals to escape the hands of justice. When by the person pardoned, because the courts take no notice thereof; while
an innocent convict has no more recourse through courts, amnesty is by proclamation with concurrence of Congress, and it is a public
the remedy is absolute pardon. The power of the President act which the courts should take judicial notice. Pardon is granted to one
to pardon offenders on the grounds of innocence is rarely after conviction, while amnesty is granted to classes of persons who may be
exercised because the criminal procedures are liberal in guilty of political offenses, generally before or after the institution of criminal
granting a new trial in the case of an offender has no more prosecution and sometimes after conviction. “
legal remedy will pardon of this nature be given. If so
exercised, absolute pardon is granted after an exhaustive Limitations of the Pardoning Power
investigation is conducted and upon recommendation of the
Secretary of Justice. The power of the chief Executive to grant pardon is limited to the
2. To keep punishment abreast with the current philosophy, following:
concept or practice of criminal justice administration - A
criminal act, because of changing scheme of social values, 1. Pardon cannot be extended to cases of impeachment. (Art
may become non-criminal at a later date. Therefore, VII, Soc. 10, Par. 2, Constitution of the Philippine).
persons serving imprisonment at the time of the repeal of 2. No pardon, parole or suspension of sentence for the
the law abolishing the crime may be extended absolute violation of any election law may be granted without
pardon. For example, a person serving imprisonment for favorable recommendation of the Commission of Elections. “
black-marketing of gasoline when this commodity was (Art. X, Soc. 2, Par. 2 Constitution of the Philippines)
rationed may after the repeal of the law on black-marketing 3. Pardon is exercised only after conviction.
be extended absolute pardon.
3. To restore full political and civil rights of persons who have It is an elementary principle in political law that pardon can only
already served their sentence and have waited the be given after final conviction. Cases pending trial or an appeal are still
prescribed period. The greatest number of application for within the exclusive jurisdiction of the courts hence, pursuant to the theory of
absolute pardon come from ex-prisoners who desire to be separation of powers, the Chief Executive has no jurisdiction over the
restored their political and civil rights. In the Philippines, the accused.
Office of the President laid down the policy to grant absolute
pardon to ex-prisoners ten years from the date of their Conditional Pardon - Conditional Pardon serves the purpose of
release from prison. Recently the policy was relaxed, releasing, through executive clemency, a prisoner who is already reformed
thereby shortening the waiting period of five years. The or rehabilitated but who cannot be paroled because the parole law does not
waiting period is required to give the offender an opportunity apply to him. Thus a prisoner serving a determinate sentence or life
to demonstrate that he has established a new pattern of imprisonment is excluded from the benefits of the parole law. However, when
conduct. this prisoner has already been reformed, he may be released on conditional
pardon.
Effects of Absolute Pardon
Nature of Conditional 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

35
 Conditional pardon is in the nature of a contract, so that it must Executive Officer of the Board of Pardons and Parole during the
first be accepted by the recipient before it takes effect. The pardonee is first year once a month and, thereafter, once every two months or
under obligation to comply strictly with the conditions imposed therein, as often as he may be required by said officer.
otherwise, his non-compliance will result to the revocation of the pardon. 4. That he shall not indulge in any injurious or vicious habits, and
(Art. 95, RPC). If the pardonee violates any of the conditions of his pardon, shall avoid places or persons of disreputable or harmful character.
he will be prosecuted criminally as a pardon violator. Upon convictions, the 5. That he shall permit the Provincial Commander, Philippine
accused will be sentenced to serve an imprisonment of prison correctional. Constabulary or any officer designated by the Executive Officer of
However, if the penalty remitted by the granting of such pardon be higher the Board to visit him at reasonable times at his place of abode or
than six years, the pardonee will be made to serve the unexpired portion of elsewhere and shall truthfully answer any reasonable inquiries
his original sentence. (Art. 159, RPC) concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in
How Conditional Pardon is given an orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of
Conditional Pardon may be commenced by a petition filed by the the Department of Justice in payment of the indemnity imposed
prisoner, his family or relative, or upon the recommendation of the prison upon him.
authorities. The petition or request is processed by the Board of Pardons and 8. That he shall comply with such orders as the Board or its
Parole. The Board shall determine if the prisoner has served a sufficient Executive Officer may from time to time make.
portion of his sentence; his release is not inimical to the interest of the Abuse of the Pardon Power and It’s Safeguards
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 The power vested on the President by the Constitution to grant
favorable, then the Board will endorse the petition favorably to the President. pardon is very broad and exclusive. It is not subject to review by the courts.
If the case is premature, the petitioner is so informed. 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.
Some Guides in Pardon Selection In fact, nearly every presidential election the alleged abuse of the pardoning
power has come up as campaign issue against the incumbent President.
In determining the fitness of a prisoner for release on conditional The truth of the charge has never been investigated, but the fact that the
pardon, the following points shall be considered as guides- alleged anomaly is aired publicly is an indication that the power to grant
pardon may be abused.
1. The political, organizational or religious affiliation of the prisoner
should be disregarded. There are certain safeguards, however, against the abuse of the
2. Due (but not undue) regard should be given the attitude of the pardoning power. First is the constitutional provision that the President may
people in the community from which he was sentenced. be impeached for a willful violation of the Constitution. This is enough
3. The judicial history of the case should be carefully investigated. deterrent for the Chief Executive to abuse this power. Second, is the policy
4. The background of the prisoner before he was committed to of the Office of the Chief Executive, ever since the time of the American
prison – social, economic, psychological and emotional Governors General, to approve pardon cases, which are favorably
backgrounds – should be carefully investigated. recommended by the Board of Pardons and Parole. Although this policy
does not wholly bind the President, seldom, if ever, has it been disregarded.
Conditional Pardon Distinguished from Parole
Is Pardon Necessary in our Penal System?
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 Judges are human beings and are therefore apt to commit errors.
to serve his sentence outside of the institution, thus giving him the It is possible for an innocent to get convicted, as it is possible for a criminal
opportunity to gradually assume the responsibilities of a free man. Both to escape the hands of justice. An innocent man may not be able to present
releases are subject to the same set of conditions will subject the parolee or evidence to prove his innocence, or may not have the money to hire a good
pardonee to be recommitted to prison. The only difference between the two counsel. Many of our penal laws are outmoded and are not longer kept
is the granting authority. In parole the granting authority is the Board of abreast with current trends of criminal justice administration. Judges are
Pardons and Parole, while in conditional pardon, the granting authority is the limited by laws to the use of discretion they may exercise in any given case.
President. Under any of the above circumstances, an injustice may result, which can
only be remedied by the exercise of pardon.
Conditions of Pardon and Parole
Ideally, all releases should be by parole. Society can only be
In the Philippines, the pardonee is given the same set of rules or sufficiently protected against the ex-prisoner if the latter is released through
conditions as the parolee. Among the conditions usually imposed on parole or conditional pardon. Unfortunately, not all sentences are
pardonees and parolees are the following: 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
1. That he shall live in his parole residence and shall not change his parole law.
residence during the period of his parole without first obtaining the
consent of the Board of Pardons and Parole. OTHER FORMS OF EXECUTIVE CLEMENCY
2. If the parolee or pardonee leaves the parole jurisdiction
temporarily, he needs not get the permission of the Board, Amnesty
although he may so inform his parole officer (Municipal Judge) of
his where about. Amnesty is a general pardon extended to groups of persons and
3. That he shall report to the Municipal Judge (of the town where he is generally exercised by executive clemency with the concurrence of
will reside) or to such officer as may be designated by the Congress. Usually the recipients of amnesty are political offenders, although
36
there are some exceptions. For example, President Truman issued two his hands are tied by the provision of the law. The sentence in this
proclamation granting amnesty to unnamed persons, one at the end of World case may be reduced by commutations of sentence.
War II in 1945 and another at the end of the Korean Conflict in 1952. In 2. To extend parole in cases where the parole law does not apply -
these cases, the persons have been convicted of crimes against the United Commutation enables the recipient to be released on parole when
States but were pardoned by terms of proclamation for having served in the his sentence does not allow him parole, like, for example, when
armed forces for at least a year during the conflicts. Those who did so the sentence is determinate or life sentence, or when the prisoner
received pardons without having to apply for them. is serving two or more sentences. The sentence may be changed
to an indeterminate sentence by commutation to enable the
The Supreme Court, in the case of People vs. Santos, et al., 47 recipient to receive parole after serving the minimum of the
O.G. 6168, stated that the “purpose of amnesty is to bring about the return of sentence.
dissidents and recalcitrant elements of our population to their homes and the 3. To save the life of a person sentenced to death - This is one of
resumption by them of their lawful pursuits, or occupations, as loyal and law- the most common uses of commutation of sentence. In the
abiding citizens, to accelerate the rehabilitation of the war-devastated Philippines, 95% of death penalty cases are commuted to life
country, restore peace and order, and secure the welfare and happiness of imprisonment.
the communities.”
Procedures in Commutations
Amnesty looks backward and abolishes and puts into oblivion the
offense itself. It so overlooks and obliterates the offense with which he is When the sentence of death penalty is confirmed by the Supreme
charged that the person released by amnesty stands before the law as Court, the condemned man or the head of the prison system (Director of
though he had committed no offense. Prisons) may file a petition for commutation. The prisoner is subjected to a
social, psychological and psychiatric examination by the Staff of the
Amnesty is extended to convict as well as persons who have not Reception Center. The inquiry will include the sociological history of the
yet been tried by the court. Some of the proclamations of amnesty are as prisoner, his criminal history, mental psychological capacities, work history,
follows: 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
1. Proclamation No. 51 – This proclamation was issued by the life. The petition is then forwarded to the Board of Pardons and Parole,
late President Manuel Roxas on January 28, 1948, granting together with the reports of examinations of the reception and Diagnostic
amnesty to those who collaborated with the enemy during Center and the recommendation of the Director of Prison on the petition.
World War II.
The Board of Pardons and Parole processes the petition and will
2. Proclamation No. 76 – This was issued by President Elpidio deliberate on a recommendation after a careful study of the papers, including
Quirino on June 21, 1948, extending amnesty to leaders of the reports of the Reception and Diagnostic Center. It will them forward the
the Hukbolahap and Pambansang Kaisahan ng mga petition, including its recommendation to the President. The President will
Magbubukid (PKM). The amnesty applied to crimes of then act on the petition. In giving or denying commutation, the President may
rebellion, sedition, illegal association, assault, resistance not follow the recommendation of the Board of Pardons and Parole.
and disobedience to persons in authority and illegal
possession of firearm. Reprieve

3. Proclamation No. 51 – was issued in order to attain the Reprieve is a temporary stay of the execution of the sentence.
following objectives: To pardon those commited crimes Like pardon, the President can only exercise reprieve when the sentence
against the security of the State who have changed their has become final. Generally, reprieve is extended to death penalty prisoners.
hostile attitude towards the government and have voluntarily The date of the execution of sentence is set back several days to enable the
surrendered with their arms and ammunitions. To get the Chief Executive to study the petition of the condemned man for commutation
dissidents back into the fold of law abiding citizens. To of sentence or pardon.
gather the loose firearms.
Good Conduct-time Deductions
Commutation
Conditional release is the statutory shortening of the maximum
Commutation is an act of clemency by which an executive act sentence the prisoners serves because of good behavior while in prison.
changes a heavier sentence to a less serious one or a long term to a shorter This is called “ good conduct-time “ and is given by the law as motivation for
term. it may alter death or life sentence to a term of years. Commutation good behavior while serving sentence in prison. Article 97, Revised Penal
does not forgive the offender but merely reduces the penalty of life sentence Code, provides good conduct time allowance to all sentences under the
for a term of years. following schedules:
“ Good Conduct time allowance is automatically applied to
Purposes of Commutation 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
Some of the common uses of commutations are the following: 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
1. To break the rigidity of the law - Some penal laws are rigid and the prisoner has sufficiently demonstrated that he has reformed. “
unusually cruel. For example, a law making qualified theft, the “ If the prisoner does not forfeit his statutory good conduct time allowance
stealing of young coconuts from trees, or fish from the fishpond, through misbehavior, he is released at time earned. He is released under
or sugar cane from the sugar cane field. Qualified theft imposes supervision as if on parole and subjected to all parole condition which, if
an unusually heavy penalty on the culprit, which is greatly violated, will result in the issuance of a warrant, revocation of his release,
misappropriated to the value of article stolen. Even if the judge and the requirement that he return to prison to serve the maximum term.”
would want to impose a light penalty, he could not do so because

37
 This form of conditional release is used in Federal, Kentucky, "laid on file" or held in abeyance. To mitigate unreasonable mandatory
Kansas, North Carolina and Wisconsin correctional institutions. The release penalties, judges often granted a motion to quash based upon minor
of the prisoner is mandatory when the accumulated time deducted from the technicalities or errors in the proceedings. Although these American
sentence for good behavior and work credits makes it mandatory to release practices were genuine precursors to probation, it is the early use of
the prisoner. The Board of Parole does not participate in the selection recognizance and suspended sentence that are directly related to modern
process. This form of release does, however, enable the parole staff to probation.
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 Two names are most closely associated with the founding of
released prisoners are subject to the regulation and control of parole. probation: Matthew Davenport Hill, an 18th century English barrister and
judge, and John Augustus, a 19th Century Boston boot-maker.
In the Philippines, the prisoner who is released from prison after
serving his sentence less the good conduct time allowance, is released As a young professional in England, Hill had witnessed the
without any condition and is considered to have served his sentence in full. 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
Act No. 2489, otherwise known as the Industrial Good Time Law, he eventually became the Recorder of Birmingham, a judicial post, he used a
provides that when a prisoner has been classified as trusty or penal similar practice for individuals who did not seem hopelessly corrupt. If
colonists, he is given an additional 5 days time allowance for every month of offenders demonstrated a promise for rehabilitation, they were placed in the
service. A prisoner serving life sentence has his sentence automatically hands of generous guardians who willingly took charge of them. Hill had
reduced to 30 years of imprisonment upon attaining the classification of police officers pay periodic visits to these guardians in an effort to tack the
trusty or penal colonists. offender's progress and to keep a running account.

John Augustus, the "Father of Probation," is recognized as the

PROBATION 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
Probation - A term coined by John Augustus, from the Latin verb successful boot-making business. It was undoubtedly his membership in the
"probare" – which means to prove or to test. Washington Total Abstinence Society that led him to the Boston courts.
Washingtonians abstained from alcohol themselves and were convinced that
Probation is a procedure under which the court releases a abusers of alcohol could be rehabilitated through understanding, kindness
defendant found guilty of a crime without imprisonment subject to the and sustained moral suasion, rather then through conviction and jail
condition imposed by the court and subject to the supervision of the sentences.
probation service. Probation may be granted either through the withholding
of sentence (suspension of imposition of a sentence) or through imposition of In 1841, John Augustus attended police court to bail out a
sentence and stay or suspension of its execution. The former generally "common drunkard," the first probationer. The offender was ordered to
considered more desirable. appear in court three weeks later sentencing. He returned to court a sober
man, accompanied by Augustus. To the astonishment of all in attendance,
History of Probation his appearance and demeanor had dramatically changed. Augustus thus
began an 18-year career as a volunteer probation officer. Not all of the
The origins of probation can be traced to English criminal law of offenders helped by Augustus were alcohol abusers, nor were all prospective
the Middle Ages. Harsh punishments were imposed on adults and children probationers taken under his wing. Close attention was paid to evaluating
alike for offenses that were not always if a serious nature. Sentences such whether or not a candidate would likely prove to be a successful subject of
as branding, flogging, mutilation and execution were common. During the probation. The offender's character, age and the people, places and things
time of King Henry VIII, for instance, no less than 200 crimes were apt to influence him/her were all considered.
punishable by death, many of which were minor offenses.
Augustus was subsequently credited with founding Investigations,
This harshness eventually led to discontent in certain progressive one of three main concepts of modern probation, the other two being Intake
segments of English society concerned with the evolution of the justice and Supervision. Augustus, who kept detailed notes on his activities, was
system. Slowly, yet resolutely, in an effort to mitigate these inhumane also the first to apply the term "probation" to this process of treating
punishments, a variety of measures were devised and adopted. Royal offenders. By 1858, John Augustus had provided bail for 1,946 men and
pardons could be purchased by the accused; activist judges could refrain women, young and old. Reportedly, only ten of this number forfeited their
from applying statuses or could opt for a lenient interpretation of them; stolen bond, a remarkable accomplishment when measured against any standard.
property could be devalued by the court so that offenders could be charged His reformer's zeal and dogged persistence won him the opposition of
with a lesser crime. Also, benefit of clergy, judicial reprieve, sanctuary, and certain segments of Boston society as well as the devotion and aid of many
abjuration offered offenders a degree of protection from the enactment of Boston philanthropists and organizations. The first probation statute, enacted
harsh sentences. in Massachusetts shortly after this death in 1859, was widely attributed to his
efforts.
Eventually, the courts began the practice of "binding over for good
behavior," a form of temporary release during which offenders could take Following the passage of that first statute, probation spread
measures to secure pardons or lesser sentences. Controversially, certain gradually throughout the United States and subsequently to many other
courts in due time began suspending sentences. countries. The juvenile court movement contributed greatly to the
development of probation as a legally recognized method of dealing with
In the United States, particularly in Massachusetts, different offenders. The first juvenile court was established in Chicago in 1899.
practices were being developed. "Security for good behavior," also known as Formalization of the concept of Intake is credited to the founders of the
good aberrance, was much like modern bail: the accused paid a fee as Illinois juvenile court. Soon after, thirty states in turn introduced probation as
collateral for good behavior. Filing was also practiced in cases that did not a part of juvenile court procedure. Today, all states offer both juvenile and
demand an immediate sentence. Using this procedure, indictments were adult probation. The administrative structure of probation varies widely from

38
state to state. In some states, probation and parole are combined. There are assigned to train the newly recruited probation officers. The probation
state-administered probation systems and locally administered systems. In system started to operate on January 3, 1978. As more probation officers
New York, probation is locally administered under the general supervision of were recruited and trained, more field offices were opened.
the state. Role of Probation in the Correctional System

Probation in New York State had its official beginning in 1901, Probation is a part of the correctional system. It cannot be
with the enactment of the first probation in the state. One of the properly considered as an independent subject. It is only a phase of
commission's recommendations in its report to the Legislature resulted in the penology, and therefore, it must be viewed in its relation to other aspects of
creation of the New York State Probation Commission in 1907. Until the late the enforcement of the criminal laws and its proper perspective. It is a part of
1920s, this commission coordinated probation work in various parts of the an entire structure and only a single feature of a well-rounded correctional
state, encouraging the statewide development of probation services, the process. Probation is a form of treatment of the convicted offender. It is not a
planned and promoted standards of practice, and guidelines for monitoring clemency, pity or leniency to the offender, but rather a substitute for
local probation services. 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
In 1917, a State Division of Probation was established within the community constitutes a threat to law and order. Other less inured to crime
NYS Department of Corrections, and in 1928 the Office of the Director of can remain in the community after conviction where they are given a chance
Probation was created. The State's Division of Probation remained within the to conform to the demands of the society. Probation is compared to an out-
Department of Corrections until 1970 when it was organized as a separate patient. The out-patient does not need to be confined in a hospital because
state agency within the Executive Department. The Director of the NYS his sickness is not serious. However, the patient must remain under the care
Division of Probation then became a gubernatorial appointee, directly and supervision of his family physician in order that his sickness will not
accountable to the governor. become serious. Similarly, the probationer does not need to go to prison, but
As a result of additional statutory changes, local probation departments, he should remain under the supervision and guidance of his probation officer
which prior to the early 1970s were responsible to the judiciary, followed they in order that he will not become a more serious offender.
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 Probation is given in cases that the ends of justice do not require
New York City, the mayor. 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
In 1984, the Classification/Alternatives Law expanded the reform; that there is a little danger of seriously injuring or harming members
authority of the state division. The name was changed to the New York State of the society by committing further crimes; that the crime he committed is
Division of Probation and Correctional Alternatives, enhancing the division's not one that is repugnant to society; that he has no previous record of
ability to foster the development and effective implementation of local conviction; and that the deterrent effect of imprisonment on other criminals is
community-based corrections. A present, the New York City Department of nit required. The person who is placed on probation is not a free man
Probation is second only in size to the Los Angeles County department. 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
History of Probation in the Philippines entitled to the dignity of man.

Probation was first introduced in the Philippines during the Purpose of Probation
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 The Wickersham Reports in 1931 (Report of the “ National
Office under the Department of Justice. On November 16, 1937, after barely Commission of Law Observance and Enforcement, “ page 146 of Report No.
two years of existence, the Supreme Court of the Philippines declared the 9) states the purpose of probation as follows:
Probation Law unconstitutional because of some defects in the law's
procedural framework. 1. “ Probation, like parole and imprisonment, has as its primary
objective the protection of society against crime. Its methods may
In 1972, House Bill No. 393 was filed in Congress, which would differ, but its broader purpose must be to serve the great end of
establish a probation system in the Philippines. This bill avoided the all organized justice – the protection of the community…
objectionable features of Act 4221 that struck down the 1935 law as probation is an extension of the powers of the court over the
unconstitutional. The bill was passed by the House of Representatives, but future behavior and destiny of the convicted person such as is not
was pending in the Senate when Martial Law was declared and Congress retained in other dispositions of criminal case…
was abolished. In 1975, the National Police Commission Interdisciplinary
drafted a Probation Law. After 18 technical hearings over a period of six 2. “ … in probation ( there ) is the recognition that in certain types of
months, the draft decree was presented to a selected group of 369 jurists, behavior problems which come before the courts confinement
penologists, civic leaders and social and behavioral scientists and may be both an unnecessary and an inadequate means of
practitioners. The group overwhelmingly indorsed the establishment of an dealing with the individuals involved; unnecessary because in that
Adult Probation System in the country. particular case the end sought, i,e., the protection of society, may
be achieved without the cost of confinement, and inadequate
On 24 July 1976, Presidential Decree No. 968, also known as because the prison sentence may create difficulties and
Adult Probation Law of 1976, was signed into Law by the President of the complications which will make more, rather than less, doubtful the
Philippines. The operationalization of the probation system in 1976-1977 was reinstatement of that particular individual as a law-abiding citizen.
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 Advantages of Probation
country. Fifteen selected probation officers were sent to U.S.A. for orientation
and training in probation administration. Upon their return, they were

39
 Probation is more advantageous than imprisonment. In probation,
the man is spared the degrading, embittering and disabling experience of Institutional Parole Officers
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 In the preparation of cases for parole deliberation/the Board of
ties remain intact, thus preventing many a broken home. Also, probation is Parole is aided by a sufficient number of institutional classification and parole
less expensive which is only one tenth as costly as imprisonment. To the officers. These personnel work closely as liaison officers between the board
extent that probation is being used today – about 60% of convicted offenders of parole and the prison, and are in close contact with the parole officers in
are given probation – this type of sentencing therefore, will greatly relieve the field who supervise the parolees after release.
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 The institutional classification or parole officer keeps up-to-date
Act as follows: 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
“ The great desideratum was the giving to young and new responsible for the preparation the admission summary of the prisoner,
violators of law a chance to reform and to escape the contaminating which includes the record of the present and previous criminal offenses, a
influence of association with hardened or veteran criminals in the beginning social history; religious history psychological and psychiatric study,
of the imprisonment… Probation is the attempted saving of a man who has employment and educational accomplishment; and complete analysis of the
taken one wrong step and whom the judge think to be a brand who can be community arid situation: The institutional parole officer submits "progress
plucked from the burning at the time of the imposition of the sentence. “ reports" on the prisoners' program and training as the inmates serve their
sentences.
ADMINISTRATIVE ORGANIZATION OF PROBATION
Administrative Structure
During the early stages of probation the appointment of probation
officers and the administration of probation services were considered as There are four plans or structures by which parole is
court functions. Later, probation service was provided to serve all courts administered, namely:
within a City or County such courts as juvenile, domestic, municipal and
criminal. In this type of probation service, the probation officers are 1. The parole board serves as the administrative and policy-
appointed by the Civil Service Bureau or Commission. In recent years there making board for a combined probation and parole system.
has been a trend toward a state integrated probation and parole service for: Most of the states of the United States fall under this plan.
2. The second plan that parole board administers the parole
 Personality: He' must be of such integrity, intelligence, and good service only.
judgment as to command respect and public confidence; Because 3. The third plan is that the parole services are administered by
of the importance-of his quasi-judicial functions, he: must possess the department which administers the prison and other
the equivalent personal qualifications of high judicial officer. He correctional institutions and which department may or may
must be forthright, courageous and independent. He should be not also include the parole board.
appointed without reference to creed, color, or political affiliation. 4. The fourth plan is that the parole services are administered
by the state correctional agency, which also administers
 Education: A board member should have an educational
probation and penal institutions.
background broad enough to provide him with knowledge of those
professions mostly closely related to parole administration.
The parole system in the Philippines falls under the third plan.
Specifically, academic training which has qualified the board
Generally a parole office headed by an executive officer called Parole
member for professional practice in a field such as criminology,
Administrator or Chief Parole Officer administers parole. The Chief of the
education, psychiatry, psychology, social work and sociology is
Parole Office executes the policies formulated by the Board of Parole, and
desirable. It is essential that he have the capacity and desire to
carries out the functions of parole. A parole agency has two important units
round out his knowledge, as effective performance is dependent
or subdivisions aside from the administrative and other auxiliary service
upon an understanding of legal processes, the dynamics of
units. The principal subdivisions are the investigation and Supervision
human behavior, and cultural conditions contributing to crime.
Divisions.
 Experience: He must have an intimate knowledge of common
situations and problems confronting offenders. This might be
Parole Investigation
obtained from a variety of fields, such as probation, parole, the
judiciary, law, social work, a correctional institution, a delinquency
The investigation unit of a parole agency is responsible for
preventive agency.
conducting pre-parole investigations. The purposes of pre-parole
 Others: "He should not be an officer of a political party or seek or investigation are (1) to bring the case history facts up to date, and (2) to
hold elective office while a member of the board." verify parole plan or work and residence.
PAROLE SYSTEM Parole Selection
The Board of Parole should be vested by law wide latitude of One of the most important functions of the Investigation Division
powers, which include the following: 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
1. To set terms of parole. paroled too soon and while still maladjusted, he may fail and return to prison.
2. To decide who shall be released on parole from among all On the other hand if the prisoner is retained too long, he may be embittered,
inmates eligible. depressed, become apathetic or get discouraged, so" that when released he
3. To determine the date of release. may fail to reestablish himself, adequately in society. The institutional record
4. To decide revocation of actions. a one cannot be used as an index of a prisoner's readiness for parole
5. To administer the agency responsible for parole supervision because some men with deeply and socially dangerous patterns of crimi-
sometimes.
40
nality are shrewd enough to maintain a good institutional record and yet be  Vocational training
actually among those with the poorest likelihood to succeed on parole.  Academic education
 Medical treatment
In determining readiness of a prisoner for release, the program of  Recreational activities (including hobbies.)
treatment and training of the prisoner in the penal institution should be  Religious interest
coordinated with his -program when released. The prison staff and parole  Other matters.
bureau should coordinate in preparing the detailed program of the prisoner, 3. The Inmate’s own plans and concern over parole
both in prison and on parole. One way of achieving coordination between the
 Preferred place of residence
two agencies, the prison and the parole bureau, is to provide "institutional
 Type of work desired.
parole" officers who understand the problems of parole -supervision and can
work effectively with the parole bureau.-Another way to effect coordination  Family relations.
between the prison and the parole bureau is to assign parole officers from  Problems anticipated by inmate.
the staff of the latter agency to work in the penal institutions. Under this  Other matters
arrangement the parole officer participates actually in the classification and 4. Comments by the compiler of the report.
casework program of the prison and is responsible for the evaluation of the 5. The staff recommendations.
inmates program from the standpoint of its usefulness after release.  Level of supervision (maximum, medium, minimum).
 Residence
Tools in Selection  Work
 Program (education, religion, recreation, etc.)
Three documents need to be prepared by the institutional staff to  Special needs (medical, financial, etc.)
assist the paroling authorities and the parole bureau their work with  Other matters.
individual prisoners. They are:

1. the pre-board summary;

2. the parole referral summary of the classification committee The Importance of the Parole Referral Summary
3. the final pre-release progress report.
The parole referral summary represents the final evaluation of the
The Pre-Board Summary - This document is prepared by the effect upon the inmates of this investment in their welfare by society. The
institutional parole officer. It a brief summary of the inmate's case, including parole referral summary is sent to the field officers of the parole bureau. This
his case history and the salient points, which are considered necessary document represents a general plan for the care and treatment of the
whether or not, parole is to be granted. parolee. Circumstances may require modifications of the recommendations
contained by the paroling agency, yet the parole referral summary remains
The Parole Referral Summary - This document is prepared by the the basic clinical document for the determination of the man's program upon
prison's classification committee for the use of the parole bureau. The release, since it represents a comprehensive study by the institutional staff of
purpose of this summary is to indicate to the field (parole) workers what the his entire life.
staff of the prison considers to be essential for the best interest of the
parolees and the protection of the society. It contains an appraisal of the Pre-Parole Investigation
prisoner's personality and his needs for adjustment upon return to society.
The primary duty of the parole board is the proper selection of
Pre-release Progress Report - the institutional Classification prisoners to be released on parole. It is the prime concern of the board to
Committee also prepares this document. In this report, the professional determine whether parole applicants are capable of living in the community
contributions of the Reception-Guidance Center and of the institution are and remaining at liberty without violating laws. It must also determine
brought together for greatest usefulness at pre-release. The pre-release whether the release of the prisoner is compatible with the welfare of society.
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 investigation division of the parole office takes charge of
the treatment program of the parolee. While the report contains certain making a pre-parole investigation for reference and guidance of the board in
suggestions on the prisoner's program during the remaining weeks of his the proper selection of prisoners for parole. The parole officer making the
stay in prison, special emphasis is given to his program when he leaves the pre-parole investigation collates all in formations regarding the inmate
institution in terms of success after release. The parole officers use it as contained in various documents or reports, namely, the comments from the
reference and guide when the inmate is brought in for personal appearance sentencing judge, comments from the prosecuting fiscal, _and a further
to formulate with the parole officer a program for parole. analysis of the many studies and contacts made by the trained prison staff
during the period of the inmates’ imprisonment.
Contents of the Parole Referral Summary
The institutional reports consist of psychiatric and psychological
1. The general background and present status of the inmate. reports', the social history of the prisoner prepared by the sociologist,
 Local status with regard to release educational report evidence of wanting to reform, conduct while in prison,
 Previous criminal behavior in relation to parole attitude and other contributory factors. In determining the fitness the prisoner
situation. for parole, the parole board should likewise look into the negative factors
 Social history (including family relations, social welfare which may disqualify the prisoner for parole, such as the adverse feeling of
assistance and use of leisure time.) the community toward his release on parole, and unstable family situation,
 Personality adjustment in prison (including appraisal of lack of employment; opportunity or unsatisfactory record of previous
disciplinary record.) employment history of failure to support family or dependents properly; lack
 Other matters. of: responsibility, record of nomadism, alcoholism lack of home sites, and
2. Report of Institutional Program antisocial 'nor immoral acts. The parole board should likewise consider the
 Treatment of personality maladjustment favorable or unfavorable reports of the field supervising parole officer on the

41
parole plan for the prisoner since this officer makes last minute verification and supervision of a parole officer. Likewise, when the patient becomes
on arrangement regarding residence, selection of parole adviser, and ambulatory, he returns home to the care of the family physician. If all goes
prospective employment. well in the community as planned, there is no need for him to return to the
hospital for further treatment.
Parole Hearing — How Conducted
Failure to integrate these three branches of the correctional
Parole hearings may be commenced by a written petition of the service — probation, prison, and parole, obstructs the speedy reformation of
prisoner or by his relatives. In an institution where casework method is highly the offender and is costly to the government. These three agencies should
developed, there is no need for the prisoner to file a petition since the be integrated as parts of a full-coverage policy of corrections and they should
institutional classification committee, motu propio initiates parole operate in harmony with a single objective: the wholesome rehabilitation of
proceedings the moment the prisoner becomes eligible. the offender.

Several methods are used in selecting prisoners for parole. Some Parole Supervision (Organization and Regulational Aspects)
boards of parole conduct interviews in the prison with the entire membership
present to interrogate the prisoner. In some jurisdictions, the board does not The supervision of parolees is one of the most important aspects of the
conduct interviews with the prisoners but depends solely on the recorded whole rehabilitative process. The character of the supervision largely
material. In the United States Board of Parole, the board does not meet en determines the success or failure of any given case. Supervision of parolees
bane to interview the prisoner. Instead, each of the five board members has three aspects: organizational, regulational and operational.
interviews all prisoners eligible for parole in a particular institution. His
interviews are recorded in verbatim He prepares a complete resume and Organizational aspect
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 The Federal government of the United States combines parole
may not concur with his recommendation review this summary. supervision with probation supervision. It has no parole
field service hence parolees are turned over to the district court probation
Cases of prisoners serving more than five years or cases wherein officers for supervision.
a major policy is involved, and cases offering difficult factors in planning are
resolved by the board en bane. Some big states have centralized parole supervision services.
This sort of centralized parole supervision service may involve district offices,
The date of release of a parolee does not take place earlier than with parole officers working out of them, but all of these services are
one month nor exceed six months from the date parole is granted. This will controlled and budgeted from a central state office. In smaller states that do
give sufficient time for the supervising parole officer to complete and verify not justify establishment of district offices, parole officers are assigned to
the parole release plan. Only in exceptional cases are parolees granted cover certain territories usually covering several counties and are directed
immediately upon approval by the board. Cases that are denied by the board from the central office. In a few jurisdictions, parole supervision is an adjunct
may be rescheduled for hearing after at least six months from the date of of the prison because a centralized parole service is not economically justi-
denial. fied.

Coordination of Probation, Prison, and the Parole Program Recently, federal and state laws were passed providing for parole
and probation compacts, whereby states enter into reciprocal agreements to
In recapitulation it may be here emphasized that the three allow a parolee or probation to be supervised by another state.
principal correctional agencies, namely, probation, prison and parole, should
be coordinated. The reason for this is that since the three correctional Some centralized parole supervision units are separate state units
services aid the same persons, each service should know the experiences of or bureaus under the department of welfare or division within the department
the others and their efforts with individuals. The pre-sentence investigation of corrections. Sometimes they are a part of the total parole board
prepared for the use of the court, is invaluable to the prison officials who organization.
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 Regulational Aspect of Parole Supervision
treatment and training program. When the prisoner is ready for parole
consideration, the parole board finds the pre-sentence investigation report The regulational aspect of parole consists of several rules and
very useful in deciding, on parole. When the prisoner is paroled, the prison requirements promulgated by the paroling authority. But why are rules and
officials furnish the parole officer with a progress report pertaining to the regulations necessary in parole? The parolee, whether he likes it or not,
changes in. health, acquisition of new skills and other attainments. needs a certain kind of discipline. It instills in him the feeling of security to
know that he is within legal bounds by following the set of rules and
The parole, officer serves as a good liaison between the prison regulations. Some types of offenders need the authoritarian method of
and the parole board on the one hand, and the community on the other dealing with them, so a set of rules and regulations is the only way to help
hand. He interprets the problems and needs of the prisoner to his family, his them get over their difficulties. Rules and regulations in parole are intended
prospective employer and the community for the eventual return of the to help both society and the parolee. They can be used to help parolee if
prisoner. 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
The correctional service may be_ compared to the medical parolee. He knows for a fact that when he violates any of the rules his
service. Probation is the equivalent of the out-patient service. Probation freedom will be forfeited.
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 The most common rules and regulations are the following:

42
 8. Permitting the Parole Officers to visit the Parolee at Home and in
1. Making restitution. A condition is imposed to the effect that the His Place of Work. There is no reason why a parolee should not
parolee must make monetary restitution to the victim. It is allow his parole officer to visit him at home from the standpoint of
understood that the parolee shall only be required to pay law-enforcement. However, if the parole officer is refused
restitution if he is earning more than his necessary living admission in the house of the parolee, the former cannot force his
expenses. Usually, the restitution is paid by installment at a rate way without a warrant. Sometimes the parolee feels embarrassed
that will not deprive the parolee and his family the necessities of when visited by the parole officer. The purpose of employment
life. It is but fair and just that what has been unlawfully taken from visits should be clearly explained to the parolee in order that he
the victim must be returned. will readily cooperate. The parole officer has a duty to see to it
that the parolee is gainfully and legitimately employed. Home and
2. Supporting Dependents. Society expects every one to support his employment visits are part of the casework functions of the parole
dependents and so there is no reason that a parolee should not officer.
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 9. Abstaining from the Use or Overuse of Liquor. Some parole
hold a job, it should not be a reason to revoke parole already jurisdictions prohibit the parolee from sipping even a drop of wine.
given. The treatment of a parolee aims at helping him become a Other jurisdictions think that entire prohibition is unrealistic, so
more responsible citizen, so that requiring him to meet his that they only require the parolee not to indulge heavily in liquor.
obligations, is but one way of training him along said virtue. It Moderate drinking is a part of a man's social life and social quali-
protects his dependents and at the same time aids the parolee on fication.
his path toward maturity and stability.
10. Keeping Curfew Hours. The purpose of this rule is
3. Getting, Keeping and Reporting Honestly on Employment. The discouragement of unwholesome habit that may lead to troubles.
parolee must be taught the habit of work, not only for An ex-prisoner is prone to being suspected by the police
psychological effect but also for economic stability. It is therefore whenever an unsolved crime is committed. In order to evade
essential that the parolee be assured of a legitimate and legal being a suspect, the parolee should agree to keep reasonable
means of income. Before releasing the parolee, therefore, the hours at night.
parole board must be assured that he is willing to work; must
make reasonable efforts to secure and maintain employment; and 11. Provision against Marrying Without Permission. Parolees are still
must work only in legitimate enterprises. Sometimes the parole wards of the state and are not yet restored their civil and political
office requires the parolee to inform his parole officer of any rights. One of the civil rights affected by u prison sentence is the
change of employment. The aim is to discourage the parolee from right to contract marriage. Since the parolee is not yet a
drifting from one employment to another, which is a symptom of completely free man he cannot marry without first obtaining
vocational maladjustment. permission from the parole officer. One strong reason in favor of
this regulation is to prevent the parolee from having a family if he
4. Avoiding indebtedness and unnecessary expenditures. The is not financially capable of raising one.
purpose of this regulation is to encourage thrift, proper budgeting
and responsible habits. There are times, however, that going into 12. Provision Against Living in an Illicit Relationship. The parole must
debt is unavoidable. When the purpose of incurring, the debt or in attempt to live a clean life and one way of carrying it out is to
making unnecessary expenses is laudable, the parolee should not issue this regulation. This regulation is specifically directed to
be punished. parolees convicted of bigamy, concubinage and adultery to
prevent further amorous relations with the woman who caused
5. Reporting. This is a requirement in all parole systems. The their imprisonment.
parolee is required to report to his parole officer at stipulated
intervals. Some parole offices merely require the parolee to 13. Regulations against Owning or Operating an Automobile. Some
submit a completed form, giving pertinent data on residence ad- states or countries disqualify convicted offenders from getting a
dress, employment data, savings, leisure-time activities, family driver's license. In order, therefore, that the parole office may not
situations, associates, and plans for the future and problems be a party in a case of illegal operation of a motor vehicle, parole
requiring decisions. The parole officer does not take as the truth offices prescribe rules against the parolee operating or owning a
all that the parolee reports during the interview. He must verify all- motor vehicle without permission. Besides, the parole authorities
important allegations of the parolee. The requirement of reporting want to obviate the possibility of the parolee using an automobile
is in itself a protection of society' in that failure to comply is for committing another crime.
symptomatic of the parolee's maladjustment.
14. Prescription against the Use or Sale of Narcotics. This rule needs
6. Making Arrival Report. The parolee, in most parole jurisdictions, is no further discussion. Even free men are prohibited from using
required to report to his parole officer shortly on his arrival at his narcotics without medical prescription, or selling them.
parole residence. This requirement is meaningful in that failure to
do so is indicative of something that is still wrong with the 15. Regulation Against Carrying or Possessing Dangerous Weapons.
offender. For obvious reasons the parolee should not be allowed to
possess a dangerous weapon, especially a firearm.
7. Keeping the Parole Officer Informed of the Whereabouts of
Parolee. - This is but logical if supervision is to be carried out 16. General Admonitions Regarding Observance of Law. The only
effectively. If the parolee remains within the parole jurisdiction, he reason this regulation is included is that the parolee 'must be
does not need to inform the parole office. reminded about observing law and order.

The Parole officer as Law-enforcement Agent

43
 The parole officer as caseworker, he can use casework
Parole offers the community preventive and protective service techniques, among which are:
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 1. The Manipulative techniques;
able to recommit parolees who are on the road leading back to crime. 2. The Executive techniques; and
3. The Guidance, Counseling and Leadership technique.
NOTE: The role of the parole (probation) officer as law-
enforcement agent is discussed in the Chapter on Probation. (*Casework techniques also apply to supervision in Probation.)

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

There is controversy as to whether or not the parole officer should Manipulative technique are ways of helping the parolee by
be clothed with law enforcement authority. One school of thought holds the altering his environmental conditions go as to bring out satisfactory social
view that parole officers should not perform law enforcement work, such as adjustment in the individual. Among the common manipulative devices used
sleuthing and arresting his ward. To do so would be incompatible with his by the parole officer are the following:
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 1. Job finding — some parole systems have their own
clothed with police powers. The other school of thought holds the view that employment bureaus, the main function of which is to locate
parolees, being persons who have not been able to make adjustments with jobs for parolees. By providing a job the parolee may
the demands of society, should be applied certain restraints under threats of become a permanent law-abiding citizen. In some cases,
arrest and reincarceration. Not all parolees, according to this view, respond the parole officer himself tries to find a job for his ward.
to the guidance counseling or leadership techniques of supervision, hence
the need for the authoritarian method for this type of persons. 2. Home placement — there are some parolees who cannot
Experience in various parole agencies, however, proved that the return to their parental homes because of some conflicts or
two points of view expressed above are without basis. It was satisfactorily tensions existing in the family, or that a member of the
proven in many jurisdictions that some parole officers with professional family is a morally depraved person whose influence on the
training in social work made good as peace officers while others whose basic parolee may not be conducive to his social readjustment. It
training was in law enforcement made good as case workers is the responsibility of the parole officer to help find a foster
home for the parolee.
Classifications of Cases
3. Improvement of community conditions — the locality where
The quality of service that a parole office renders to the parolee the parolee returns may abound with vices such as
depends on the size or caseload parole officers have. One cannot expect gambling, dancehalls, bars, houses of prostitution, etc. It is
adequate supervision from a parole officer who has 750 parolees to the duty of the parole officer, like other civic-minded citizens
supervise. to participate in community movements to clean up these
vices and unwholesome establishments.
Parole supervision can be simplified and made more effective by 4. Removal of Discrimination — One of the greatest obstacles
adopting a sys- ' tern of classifying parolees. Some parolees do not have to employing ex-prisoners as well as accepting them socially
pressing problems as they arise. The accidental offender belongs to this in the community is the prejudice that prospective employers
type. This type of parolees needs very little or no supervision from the field and the public have against him. Very few industrial
parole officers. establishments would employ a parolee or an ex-prisoner. It
is the job of parole officers to remove discrimination against
Another classification of parolees is the type that needs casework the parolee in order that employers may be willing to offer
as the primary consideration of treatment. The parolees may not be serious him a job. The parole officer can participate in a public
community- risks. An example of this type is the parolee who is in need of a information program designed to educate the community
job or economic aid. Here the field parole officer can devote full attention to into accepting the ex-prisoner as a human being, to avoid
intensive casework that is, trying to help his client get a job. stigmatizing him.

A third classification for purposes of supervision is the type in The employment of manipulative devices in helping parolees by
which law enforcement function is the first, even the only consideration. This the parole officer needs skill. It is not because the parolee needs a job that
type of parolee needs constant supervision and surveillance by the parole his parole officer gets him a job. It is more meaningful and lasting to the
officer in order to prevent the parole from recommitting crimes. Usually we parolee if, instead of the parole officer getting him a job, he should first exert
find in these classification offenders whose history and background indicate efforts to make the parolee gain strength to seek his own job. By extending
great personal disorganization, such as the professional killer, the gangster, the help to the parolee, the latter is not helping solve his problems
the sex-pervert, and the long-time confidence man. The field parole officer permanently, so that when his prop (the parole officer) is gone, the same
should be alert to discover signs of misbehavior in this type of parolees and problems he had before his imprisonment will bring him into troubles again.
to be quick on his rearrest.
Executive Techniques
Knowing the type of offenders his wards are, the parole officer
can adjust his schedule of supervision, devoting intensive supervision to This is a method of helping parolees by which the parole office
parolees belonging to the third type while giving little time for parolees of the performs referral services. Parole agencies do not often have the necessary
first type. 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
Casework Techniques services desired. Among the services by referral are:

44
 1. Locating a job — The parole office refers the parolee to a In guidance and leadership technique, the parole officer seeks to
firm, company, or to any employment agency for possible exert a direct personal influence on the parolee. The advice of the parole
employment. officer may spell the difference between going straight and going the wrong
2. Relief — When a parolee or his family is in dire need of the way by the parolee. The parolees' thinking can be properly guided by the
basic necessities of life such as food, clothing or medicine, parole officer so that they may be able to solve their own problems under the
the parole office refers the parolee to a social welfare same or similar situations.
agency, which can extend them relief.
3. Medical Care — It is the function of the parole officer to refer Parole Advisor
his client in need of medical care, hospitalization, dental
services or psychiatric services, to agencies rendering such The parole advisor is primarily and essentially a volunteer worker.
services free of charge. He works as an unpaid parole officer, a non-professional counselor, adviser,
4. Public grants — The parole officer should be familiar with first friend, and sponsor to the parolee. When parole was newly introduced,
laws on public grants such as social security, old age the parolee was required to report to a sponsor known as guardian who
benefits, aids to widows and dependent children, in order performed the functions of advisor and parole officer. The untrained, unpaid
that he can refer his clients who are eligible to any of such volunteer workers of the Elmira days are now relegated to perform the role of
grants parole advisers.
5. Institutional placements — The supervision program of the
parolee may indicate a need for his removal from his The parole system of the U.S. Federal Government has adopted
parental home and for placement to a foster home. It is the the parole advisor system. The policy of the Federal Parole administration is
responsibility of the parole officer to explain to the parolee that the parolee must have some citizens to serve voluntarily as his parole
and his family of the need for the said transfer of residence advisor. This requirement has been abolished in several states and is now
to a foster home. When this is undertaken, the transfer is waived by the U.S. Board of Parole when a satisfactory advisor is not
effected by referral to the proper agency. available, in which case the probation officer is named parole advisor in
6. Legal aid — The parole officer, even when he is a lawyer, addition to his duties as supervising officer.
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 The parole advisor can be of great help to the parole service
involving common-law-relationship, legal separations, during the pre-release planning. The advisor who may have known the
bigamous or adulterous relationship, custody or support of prospective parolee intimately for some time can help in the preparation of
children come up, and the parole officer should know where the parole program. The interest shown by the advisor on the would-be
to refer each case. parolee can be exploited and developed by the parole officer to a productive
7. Educational and vocational guidance — The parole officer is and helpful service throughout the ensuing parole period.
not an expert in educational and vocational matters. He
should therefore refer his ward to the proper agency It is desirable that the field probation officer and the parole advisor
rendering educational or vocational training or should work as a team. In order to obtain full cooperation of the advisor, the
apprenticeship. parole officer should show its appreciation for the assistance of the parole
8. Recreation— Parolees should, as integral part of their advisor. The advisor can be of service more effectively in rural areas where
adjustment, be given guided recreational activities, the parole officer cannot regularly visit. The parolee can always turn to his
otherwise, they will frequent poolrooms, bars and other parole advisor for immediate help because the parole officer is not available
unwholesome recreational joints. Some communities have for immediate counsel and advice when pressing problems arise.
group work agencies offering recreational activities. The Furthermore, the parole officer may have to depend on the advisor for
parolee officer must know how and when to enlist the reliable information regarding the parolee’ conduct, as well as his
services of these agencies in connection with the problems adjustment.
of his wards.
9. Social agency help - There are several agencies, public and Parole Violators and Detainers
private, that may offer services to parolees. The parole
officer should be well acquainted with what those agencies There are two types of parole violators: commission of a new
can offer to his wards. 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
Guidance, Counseling and Leadership Techniques 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
These techniques require, that the parole officer must be well Parole which will decide, after due investigation, on recommitting the parolee
versed with the science of human behavior. He should know the motivations, or not. If it is violation of parole condition only, the Board of Parole shall
which cause the person to react the way he did under certain situations. He conduct an investigation, giving careful consideration on whether the act was
should try to determine what caused his ward to follow a certain cause of willful, whether the safety of the public is involved, and whether other
action. He should attempt to influence and guide his clients into solving their disciplinary action than recommitment to prison might be sufficient.
problems.
Parole Boards are authorized to issue warrants for the arrest of
Guidance and leadership are temporary crutches upon which the alleged parole violators or to issue notices to appear to answer charges
parolees depend in overcoming their difficulties. Sometime or another the where arrest is not necessary. Parole officers are authorized to arrest or
parolees will no longer depend on the services of the parole officer. The cause the arrest without a warrant where immediate action is necessary
parolees should be taught to gain insight into their problems and how to against the violator or one who is in danger of becoming a violator. The
solve them. It is not guidance and leadership if the parole officer himself parole officer should submit a written report of the violation to the parole
does the solving of the problem for the parolee. board. Releases from the jail of alleged violators should be on order of the
parole board only.

45
 7. City and Provincial Health Departments and Hospitals –
Ordinarily, a detainer or warrant against a prisoner does not Correctional workers may avail or he services of these medical
disqualify him from parole. The prisoner may be given parole subject to the facilities for prisoner’s families, probationer’s and parolees as well
action taken on the detainer. their dependants.
8. Colleges and Universities – Colleges and universities are a potent
Discharge from Parole agency for molding public opinion through their courses in
criminology and penology. They offer in-service training courses
The duration of parole supervision does not extend beyond the for correctional workers. Prison, parole and probation offer a
expiration date of the parolee’s sentence. Parole conditions and other valuable research setting for advanced students in sociology,
aspects of parole supervision should be relaxed as the parolee no longer psychology, criminology, social work and other behavioral and
requires the restriction on his behavior. At the expiration of the maximum social sciences.
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 Voluntary Agencies – Voluntary agencies have played an
has served its purpose. important and significant role in the development of modern correctional
concepts and practices. Voluntary prison societies or associations have
The certificate of discharge from parole has the effect of restoring worked effectively and harmoniously with correctional agencies throughout
all civil rights lost by operation of law. This is not, however, true in the the development of the correctional system in the United States.
Philippines. It needs an executive clemency in the form of absolute pardon to
restore said rights. 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,
THE ROLE OF COMMUNITY AND VOLUNTARY AGENCIES IN was mainly organized to “alleviate miseries of the public prisons.” The Prison
CORRECTIONAL WORK Association of New York founded in 1844 was definitely organized to extend
relief to discharged prisoners.
Correctional programs are more and more recognized as the
responsibility of the total community. It is a well-known fact that a correctional The development of new techniques and new understanding of
program, no matter how well developed, cannot succeed without the support the needs of the offenders during the last few years had changed and
of the general public. It is essential that probation, the institution, and parole modified the functions of prisoners aid associations. In the last few decades,
should enlist the cooperation of community agencies, voluntary societies, as social casework methods have been developed and refined, emphasis on
citizens groups and the community in general in order to succeed in their prisoner’s aid have shifted to helping the individual prisoner gain insight into
mission of placing the offender back to society as a normal social being. 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
Correctional agencies are not adequately financed to render operated prisoners aid societies has decreased. Among the few
further services to the offender outside of their organizational jurisdiction. organizations that have remained active in this type of work are the John
This is where community and voluntary agencies come into the picture. Howard Societies in the Unite States, Canada, and come European
countries, and the Elizabeth fry societies in Canada. The International Aid
Community Agencies – A community agency is usually a formal Association, which is an affiliate of the American Correctional Association,
group or association organized to promote social or individual welfare. Most serves the important function of a coordinating agency and provides services
community agencies are identified with social work. Others are concerned useful to existing and proposed agencies.
with labor, education, ethnic groups and the like. These agencies may be
financed from public, private or mixed funds. In the Philippines a few volunteer agencies that are working in
prisons and jails are the religious groups with religious motivators. A few
Some of the community agencies closely related to corrections are the years ago, civic-minded citizens interested to help the families of prisoners
following: as well as ex-prisoners launched Friendship Incorporated. This association
gets its funds from private donations and contributions. The Philippines
1. Social Service Exchange – Prisons, probation and parole Charity Sweepstakes allots one sweepstake draw a year to supplement the
agencies may conveniently avail of the services of social service funds of the association. Services so far rendered by this association have
agencies by referring to them problems of inmate or parolee’s been limited to finding jobs for the few ex-prisoners, and providing limited
dependents. financial aid to ex-prisoners getting started in life.
2. Department Public Welfare – Correctional agencies can secure
information on various possible aids for prisoner’s parolees, or Voluntary agencies rendering services in the correctional field are
probationers’ dependents, including old age assistance and aid very effective as public information media. Correctional agencies have very
for dependent children. limited resources for disseminating to the public whatever gains they have
3. Family Service Agencies – Offenders who have family accomplished toward the improvement of correctional methods. Volunteer
relationships problems may be referred to family service agencies agencies contribute in public information and information programs as well
in order to preserve and restore harmonious family relationships as help mobilize public opinion toward improved correctional methods.
and to prevent conditions, which would disrupt family life. Private aid agencies provide leadership and work with welfare and social
4. Mental Hygiene and Mental Health Clinics – These clinics may agency councils, universities, schools of social work and other professional
provide psychiatric services to prisoner’s families, parolees, societies. They conduct public information programs through the assignment
probationers and their families. of speakers, preparation of radio and television programs.
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.
46
 Sponsorship of various projects in cooperation with the jails and regulations to be prescribed The Director of Prisons, with the
prisons. Some of the services that prisoners’ aid societies render are the approval of the Department Head, shall establish and maintain a
following: general store for the sale of merchandise which may be required
by the residents of the settlement, and for their own profit. Colony
1. Free legal services – Defendants who cannot afford to hire a produce may be sold to others than residents of the settlement
lawyer may be given free legal services through prisoner’s aid should there be more to be disposed of than is required for the
societies. use of the colony and Sec. 1710 Superintendent of the colony –
2. Casework treatment services may be rendered in the form of Justice of the Peace. The Iwahig Penal Colony shall be under the
unemployment service. Vocational counseling, temporary lodging, immediate supervision of a superintendent, who shall be an
meals, and purchase of tools. “exofficio” justice of the peace and shall, within the limits of the
3. Visitation service – Some agencies visits jails and prisons to colony, have jurisdiction and all powers conferred upon justices of
discuss personal problems with prisoners desiring their help, the peace by the laws of the Philippines. (No longer applicable)
referring suitable cases to the legal aid society for free legal
assistance, and working in close cooperation with the institutional  Sec .1711 privileges based upon behavior and services –
authorities. Persons detained at the Iwahig Penal Colony shall be known as
4. Pre-release preparations – Some agencies have developed and colonists, and they may be divided into classes and graded
offered pre-release information programs for prisoners about to according to conduct, efficiency, and length of services and
leave prison. subject to such regulations as shall be prescribed in reference
5. Voluntary prisoner’s aid societies serve valuable functions in the thereto, they may be granted such extraordinary privileges as in
development of community understanding of the needs of the the in the judgment of the superintendent of the colony their
prisoner and ex-prisoner. conduct, behavior, habits of industry, and length of service may
6. Legislation – Private voluntary agencies have been instrumental justify.
in stimulating and in the passage of legislations to establish more
adequate correctional institutions and facilities.  Sec. 1712 Fishing rights in water adjacent to colony – The fishing
7. Correctional agency referrals – Individual counseling and right in the waters of the bay along the shore line of the eastern
casework services are made available to the prisoner and his boundary of the Iwahig Penal Colony, Island of Palwan, for
family from time to arrest to the time of release from legal control. distance seaward of one and one quarter statute miles are
Correctional programs are more recognized as the responsibility reserved for the exclusive use of the government, for the
of the total community. The prisoners’ aid agency provides a subsistence and maintenance of the colonist, the prison officials
workable and convenient channel for inter-agency and their families in said colony, and such pardoned or release
communications and referrals. colonist as may continue to reside therein.

 Sec. 1713 Assignment of land and implements to colonists – Any

LAWS GOVERNING THE CORRECTION OF CRIMINALS
colonist detained at the Iwahig Penal Colony may be provisionally
granted a suitable plot of land with in the reservation for the
Important Features of the Revised Administrative Code of the Philippines
purpose of cultivating and improving the same, and may be
deemed necessary for the proper cultivation of said land.
 Sec. 1705 Title of Chapter – This chapter shall be known as the
Prison Law.
 Sec. 1714 Families of colonists – The Iwahig Colonists may,
subject to the regulations of the Bureau governing the colony, be
 Sec. 1706 Chief Officials of the Bureau of Prisons – The Bureau allowed to have their wives, children, and women to whom they
of Prisons shall have one chief and one assistant chief, to be are to be married, transported to the colony at government
known respectively as the Director of Prisons, and the Assistant expense and to have their families live on the reservation. Such
Director of the Prisons. These officers shall be supplied with privileges may, in any case, be revoked at any time by order of
furnished quarter at the main prison and shall be allowed laundry the superintendent of the colony, with the approval of the Director
service and such other services as shall be sanctioned by the of Prisons. All members of the families of colonists living on the
Department Head. reservation shall be subject to the regulations governing the
colony.
 Sec. 1707 General Jurisdiction of Bureau of Prisons shall have
the general supervision and control of National Provincial prisons  Sec. 1715 Clothing and household supplies for colonists’ families
of all penal settlements and shall be charged with the safekeeping – In addition to the subsistence for colonists’ wives and children
of all prisoners confined therein or committed to the custody of hereinabove authorized, the superintendent of the colony may
said Bureau. furnish a special reward to such colonists as in his opinion may
merit the same, reasonable amount of clothing and ordinary
 Sec. 1708 Main Prison – In the main prison shall be confined all household supplies to be paid out of the regular appropriation for
national prisoners except as otherwise provided by law or the maintenance of the Iwahig Penal Colony. Sources of this
regulations. This prison may also be used as a place of detention character may also be made by way of loan, subject to repayment
for other classes of prisoners or for the temporary safekeeping of if the financial condition of the colonist at a later date should
any person detained upon legal process. warrant.
 Sec. 1709 Iwahig Penal Colony – In the Iwahig Reservation, in  Sec. 1716 Participation of colonists in proceeds of products –
the Province of Palawan, there shall be maintained an institution Products grown, manufactured, or otherwise produced by the
subsidiary to the main prison, to be known as the Iwahig Penal colonists may be sold under the supervision of the
Colony. In this colony shall be kept such prisoners as may be superintendent; and subject to such regulations as may be
transferred thereto from the main prisons in accordance with the prescribed in reference thereto, the persons producing the same
47
 may be allowed such part of the proceeds thereof as shall be
approved by the Department Head.  Sec. 1726 Mode of treatment of prisoners – Prisoners shall be
treated with humanity. Juvenile prisoners shall be kept, if the jail
 Sec. 1717 Monthly allowance in cash – Colonists occupying will admit of it, in apartment separate from those containing
positions of special trust may, with the approval of the Department prisoners of more than eighteen years of age; and the different
Head, be granted a monthly allowance in cash, not exceed five sexes shall be kept apart. The visits of parents and friends who
pesos, or an equivalent amount of supplies from the general desire to exert a moral influence over prisoners shall at all
store, to repaid for from the regular appropriation for contingent reasonable times be permitted under proper regulations.
expenses of the Iwahig Penal Colony.
 Sec. 1727 Liability of prisoners to labor – All convicted able
 Sec. 1718 Right of released colonists to remain in colony – On bodied, male prisoners not over sixty years of age, may be
the expiration of the sentence of any colonists he may, subject to compelled to work in and about prisons, jails public buildings,
the regulation, be allowed to continue to reside upon the ground, roads and other public works of the National Government
reservation and to cultivate land occupy a house to be designated the province, or the municipalities, under general regulations to be
and selected by the superintendent of the colony. prescribed by the Director of Prisons, with the approval of the
Department Head. Persons detained on civil process or confined
 Sec. 1719 Supply store for Iwahig Penal Colony – The Director of for contempt of court and persons detained pending a
Prisons, with the approval of the Department Head, shall establish determination of their appeals may be compelled to police their
and maintain a general store for the sale of merchandise which cells and to perform such other labor as may be deemed
may be required by the residents of the settlement, and for their necessary for hygienic or sanitary reasons.
own profit. Colony produce may be sold to others than residents
of the settlement should there be more to be disposed of than is  Sec. 1728 Assignment of women to work – Convicted female
required for the use of the colony and the main prisons. The prisoners may be assigned to work suitable to their age, sex, and
supply store fund shall be reimbursable, the receipts from the physical condition.
business of the supply store being available for the payment of
the costs of supply and other expenses incident to the conduct of  Sec. 1729 Provincial Jails –– A jail for the safe keeping of
said store, without reappropriation. prisoners shall be maintained at the capital of each province: and
in the absence of special provisions all expenses incidents to the
 Sec. 1720 San Ramon Penal Farm – A penal farm shall be maintenance thereof and of maintaining prisoners therein be
maintained at San Ramon, in the Province of Zamboanga , for the borne by the province.
confinement of national prisoners and such other prisoners as
may be remitted thereto in accordance with law. The Director of  Sec. 1730 Visitation and inspection of provincial jails ─ The
Prisons shall have authority to designate the superintendent of Judge of the Court of First Instance and the Provincial Board
the San Ramon Penal Farm as a summary court officer, by whom shall, as often as the Judge of the Court of First Instance is
members of the San Ramon Penal Farm guard may be tried for required to hold court in the province, make personal inspection of
violation of the regulations governing the same for willful or the provincial jail as to the sufficiency thereof for the safekeeping
neglectful waste, loss or destruction of arm, immunizations or and reformation of prisoners, their proper accommodation and
accounterments, for disobedience or disrespect toward their health, and shall inquire into the manner in which the same has
superior officers, absence from quarters of duty without leave, been kept since the last inspection. A report of such visitation
drunkenness, abandonment of employment without having shall be submitted to the Secretary of Justice, who shall forward
secured proper release, willful violation or neglect of duty, or the same or a copy thereof to the Director of Prisons. Once during
misconduct to the prejudice of good order and discipline. The each month the senior inspector of constabulary in the province
punishment which may be imposed by this summary court shall shall visit the provincial jail and make report upon its condition to
not exceed the forfeiture of one month’s pay, or discharge. the Director of Prisons.

 Sec. 1723 Detail of prisoners to public works – The President of  Sec. 1731 Provincial governor as keeper of jail – The governor of
the Philippines may from time to time, detail national prisoners to the province shall be charged with the keeping of the provincial
work in any part of the Philippines upon any public work not within jail and it shall be his duty to administer the same in accordance
the purview of section one thousand seven hundred and twenty- with law and the regulations prescribed for the government of
seven hereof; and the Department Head shall fix the terms and provincial prisons. The immediate custody and supervision of the
conditions upon which any branch of the Government may jail may be committed to the care of a jailer to be appointed by the
receive the labor of such national prisoners. provincial governor. The position of jailer shall be regarded as
within the unclassified civil service but may be filled in the manner
 Sec. 1724 Regulations of Bureau of Prisons – The regulations of in which classified positions are filled, and if so filled, the
the Bureau of Prisons shall contain such rules as well best appointee shall be entitled to all the benefits and privileges of
promote discipline in all national and provincial prisons and penal classified employee, except that he shall hold office only during
institutions and best secure the reformation and safe custody of the term of office of jailer is appointing governor and until a
prisoners of all classes. successor in the office of jailers is appointed and qualified, unless
sooner separated. The provincial governor shall, under the
 Sec. 1725 Duty of prison authorities to enforce sanitary orders of direction of the provincial board and at the expense of the
Director of Health – The Officers in charge of all prisons, penal province, supply proper food and clothing for the prisoners,
settlements, jails and other places of confinement shall comply through the provincial board may, in its discretion, let the contract
and cause to be executed all sanitary orders, and put into force all for the feeding of the prisoners, to some other person.
sanitary regulations issued by the Director of Health for their
several institutions.
48
 Sec. 1732 Amount of allowance for feeding of prisoners – The jail of any province be insecure or insufficient for the
ordinary allowance to be made by the provincial board for the accommodation of all provincial prisoners, it shall be the duty of
feeding of prisoners by the governor of the province or such other the provincial board to make arrangements for the safekeeping of
person as may have the contract therefore shall, in case of the prisoners of the province with the provincial board of same
persons arrested on criminal process, not exceed twenty neighboring province in the jail of such neighboring province , and
centavos each per day; but the provincial board may pay more when such arrangement has been made it shall be the duty of the
when necessary to the proper maintenance of the prisoners. The officer having custody of the prisoner to commit him to the jail of
compensation for the support of the prisoner arrested on civil such neighboring province, and he shall be there detained with
process shall be at the rate of forty centavos per day, to be the same legal effect as though confined in the jail of the province
advance weekly to the jailer by the plaintiff in the civil process, where the offense for which he was arrested was committed.
and to be taxable as costs.
 Sec. 1738 Use of jail for detention of fugitive from justice – Any
 Sec. 1733 Record of prisoners to be kept by jailer – The governor, provincial jail may be used for the safekeeping of any fugitive from
or the jailer appointed him, shall kept a true and exact record of all justice from any province, and the jailer shall in such case be
prisoners committed to the provincial prisoners awaiting trial entitled to receive the same compensation for the support and
before the Court of First Instance detained in any municipal jail of custody of such fugitive from justice as is provided for other
the province which record shall contain the names of all persons prisoners, to be paid by the officer demanding the custody of the
who are committed, their place of abode, the time of commitment, prisoner, who shall be reimbursed for such outlay as a part of the
the cause of their commitment, the authority that committed them, costs of the prosecution.
and the description of their persons, and when any prisoner is
liberated such calendar shall state the time when and the  Sec. 1739 Persons deemed to be municipal prisoners – The
authority by which such liberation took place; if any prisoner shall following persons are to be considered municipal prisoners:
escape, it shall state particularly the time and manner of escape;  Persons detained or sentenced for violation of
if any prisoner shall die, the date and cause of his death shall be municipal or city ordinances.
entered on the record.  Persons detained pending trial before justices of peace
or before municipal courts.
 Sec. 1734 Submission of record to court – At the opening of each  Persons detained by order of a justice of the peace or
term of the Court of First Instance within his province, the judge of municipal court pending preliminary
governor shall return a copy of such record under his name to the investigation of the crime charged, until the court shall
judge of such court; and if the same be not forthcoming, it shall be remand them to the Court of First Instance.
the duty of the judge to require its production under penalty of
contempt.  Sec. 1740 Persons deemed to be provincial prisoners - The
following persons, not being municipal prisoners shall be
 Sec. 1735 Transfer of custody of jail to Constabulary Officer – In considered provincial prisoners: Persons detained pending
any province in which, in the opinion of the President, the preliminary investigation before the Court of First Instance.
provincial jail is not safely guarded, shall have authority by
executive order to direct that the senior Constabulary Officer of  Sec. 1741 National prisoners - Prisoners who are neither
such province shall take custody of the jail under the supervision municipal or provincial prisoners shall be considered national
of the provincial governor and guard the prisoners therein, using prisoners, among whom shall be reckoned, any event all persons
for this purpose members of the Philippine Constabulary as jail sentenced for violation of the Customs Law or other law within the
guards. jurisdiction of the Bureau of Customs or enforceable by it, and for
violation of the Election Law.
 Such action shall in no wise alter the liability of the province for
the expenses incident to the maintenance of prisoners or the  Sec 1742. Confinement of Provincial prisoners in municipal jails -
keeping, repair, and construction of the jail; but the payment and When the sentence of the provincial prisoner does not exceed
subsistence of the Constabulary guard shall be at the expense of three months, the provincial board may authorize his confinement
the Constabulary. during such period in a municipal jail if in the judgment of said
board the public interest will be sub serve thereby. Provincial
 Sec. 1736 Preservation of documents relating to confinement of boards, may, also, with the approval of the Secretary of the
prisoners – All warrants and documents of any kind, or attested Interior, direct the confinement of persons detained pending
copies thereof, by which a prisoner is committed or liberated, shall preliminary investigation before a judge of the Court of First
be regularly indorsed, filed and kept in a suitable box by such Instance in the jail of the municipality where such investigation or
governor or by his deputy acting as a jailer, and such box, with its trial is to be held, if no provincial jail be located therein.
contents, shall be delivered to the successor of the officer having
charged of the prisoner.  Sec 1743. Confinement of municipal prisoners in provincial jail -
Provincial boards may, with the approval of the President, direct
 When a prisoner is confined by virtue of any process direct to the the confinement of municipal prisoners in provincial jails when by
governor or sheriff and which shall require to be returned to the reason of the lack, inadequacy, or when in their judgment such
court whence it issued, such governor or sheriff shall keep a copy confinement would best sub serve the public interest.
of the same, duly certified by said governor or sheriff, shall be
presumptive evidence of his right to retain such prisoner in his  Sec. 1744 Expense of maintenance - Except as otherwise
custody. specifically provided the expense of the maintenance of prisons
shall be borne as follows; regardless of the placed of
 Sec. 1737 transfer of prisoners to jail of neighboring province – In confinement: in the case of the municipal prisoner, by the city or
case there should be no jail in any province or in case a provincial municipality in which the offense with which the prisoner is
49
 charged or of which he stands convicted was committed: in the
case of a provincial prisoner, by the province in which the offense  Sec. 1751 Transportation and clothes for released prisoners -
was committed; and in the case of the national prisoner, by the Upon the release of a national prisoner he shall be supplied by
Bureau of Prisons. the Bureau of Prisons with transportation to his home, including a
gratuity to cover the probable cost of subsistence enroute, and if
 Sec. 1745 Status of prisoners as affected by parole, allowance of necessary, a suit of clothes of the value of not more than ten
good behavior, etc. - The provision of law relative to paroles, pesos, or in case the prisoner is deported, of not more than forty
conditional pardons, and the diminution of sentences for good pesos.
behavior shall not be construed to change the original status of
prisoners or to affect liability for their maintenance. Important Features of Presidential Decree No. 968

 Sec. 1746 Status of prisoner as affected by appeal - Pending an  Section 1. Title and Scope of the Decree. — This Decree shall be
appeal, the status of a prisoner shall not be changed, and known as the Probation Law of 1976. It shall apply to all offenders
whenever upon appeal to, or review by, a higher court, the status except those entitled to the benefits under the provisions of
of a prisoner, as herein before fixed, shall be changed by an Presidential Decree numbered Six Hundred and three and similar
increase or diminution of his sentence, the responsibility of the laws.
National Government or the provinces or municipalities, as the
case may before the maintenance of such prisoner due to such  Sec. 2. Purpose. — This Decree shall be interpreted so as to
change in sentence shall take effect from the date of judgment of promote the correction and rehabilitation of an offender by
the higher court and shall not be retroactive. providing him with individualized treatment; provide an opportunity
for the reformation of a penitent offender which might be less
 Sec. 1747 Transportation expenses payable by municipality - All probable if he were to serve a prison sentence; and. (c) prevent
actual and necessary expenses incurred in the transportation and the commission of offenses.
guarding the subsistence of prisoners during transportation, from
municipal jails, except the expenses of the Constabulary escorts,  Sec.  3. Meaning of Terms. — As used in this Decree, the
if any, shall be paid from the funds of the proper municipality. following shall, unless the context otherwise requires, be
construed thus:
 Sec. 1748 Transportation expenses payable by province - All
actual and necessary expenses incurred in the transportation, and (a) "Probation" is a disposition under which a defendant, after
guarding the subsistence during transportation, of national conviction and sentence, is released subject to conditions
prisoners from provincial jails to a National Prison, reformatory, or imposed by the court and to the supervision of a probation
national penal institution, except the expenses of the officer
Constabulary escort, if any there be, shall be borne by the proper (b) "Probationer" means a person placed on probation.
province. (c) "Probation Officer" means one who investigates for the court
a referral for probation or supervises a probationer or both.
 Sec. 1749 Return transportation to be borne by Bureau of Prisons
- The return transportation of all discharged national prisoners  Sec.  4. Grant of Probation. — Subject to the provisions of this
from their place of confinement to their homes shall be paid out of Decree, the court may, after it shall have convicted and
the appropriation for the Beau of Prisons, except as otherwise sentenced a defendant and upon application at any time of said
specially provided. defendant, suspend the execution of said sentence and place the
defendant on probation for such period and upon such terms and
 Sec. 1750 Transfer of prisoners from provincial or municipal jail to conditions as it may deem best. Probation may be granted
national prison or vice-versa - When, in the discretion of the whether the sentence imposes a term of imprisonment or a fine
President of the Philippines, the unsanitary or insecure condition only. An application for probation shall be filed with the trial court,
of any provincial or municipal jail makes it advisable or when the with notice to the appellate court if an appeal has been taken from
public interests require, he may transfer to any national prison or the sentence of conviction. The filing of the application shall be
penal institution all or any of the prisoners committed to such jail, deemed a waver of the right to appeal, or the automatic
and may also direct the return of said prisoners to provincial or withdrawal of a pending appeal. An order granting or denying
municipal jails when deemed expedient. The President of the probation shall not be appealable.
Philippines may also, whenever in his opinion it will be to the best
interest of the province or municipality concerned, authorize the  Sec.  5. Post-sentence Investigation. — No person shall be
confinement of any prisoner sentenced to less than three months placed on probation except upon prior investigation by the
imprisonment, including subsidiary imprisonment, in the jail of the probation officer and a determination by the court that the ends of
municipality wherein the prisoner may have been convicted. The justice and the best interest of the public as well as that of the
order of commitment of such prisoners, together with a copy of defendant will be served thereby.
the order directing their transfer, shall accompany the prisoners
and be delivered with them to the officer in charge of the penal  Sec.  6. Form of Investigation Report. — The investigation report
institution to which they are sent. The expenses of the to be submitted by the probation officer under Section 5 hereof
transportation, guarding, subsistence, care, and maintenance of shall be in the form prescribed by the Probation Administrator and
any prisoner transferred to any national prison or penal institution, approved by the Secretary of Justice.
or returned to any province for trial or for appearance as a witness
or otherwise hereunder shall be a charged against the treasury of
 Sec.  7. Period for Submission of Investigation Report. — The
the province from which he was transferred; and the amount of
probation officer shall submit to the court the investigation report
said expenses shall be fixed by the Department Head, with the
on a defendant not later than sixty days from receipt of the order
approval of the President of the Philippines.
50
 of said court to conduct the investigation. The court shall resolve
the petition for probation not later than five days after receipt of  refrain from visiting houses of ill-repute;
said report. Pending submission of the investigation report and  abstain from drinking intoxicating beverages to excess;
the resolution of the petition, the defendant may be allowed on  permit the probation officer or an authorized social
temporary liberty under his bail filed in the criminal case; worker to visit his home and place of work;
Provided, That, in case where no bail was filed or that the  reside at premises approved by it and not to change
defendant is incapable of filing one, the court may allow the his residence without its prior written approval; or
release of the defendant on recognize to the custody of a  satisfy any other condition related to the rehabilitation
responsible member of the community who shall guarantee his of the defendant and not unduly restrictive of his liberty
appearance whenever required by the court. or incompatible with his freedom of conscience.
 Sec.  8. Criteria for Placing an Offender on Probation. — In  Sec.  11. Effectivity of Probation Order. — A probation order shall
determining whether an offender may be placed on probation, the take effect upon its issuance, at which time the court shall inform
court shall consider all information relative, to the character, the offender of the consequences thereof and explain that upon
antecedents, environment, mental and physical condition of the his failure to comply with any of the conditions prescribed in the
offender, and available institutional and community resources. said order or his commission of another offense, he shall serve
Probation shall be denied if the court finds that: the penalty imposed for the offense under which he was placed
 the offender is in need of correctional treatment that on probation.
can be provided most effectively by his commitment to
an institution; or  Sec.  12. Modification of Condition of Probation. — During the
 there is undue risk that during the period of probation period of probation, the court may, upon application of either the
the offender will commit another crime; or. probationer or the probation officer, revise or modify the
 probation will depreciate the seriousness of the conditions or period of probation. The court shall notify either the
offense committed. probationer or the probation officer of the filing of such an
application so as to give both parties an opportunity to be heard
 Sec.  9. Disqualified Offenders. — The benefits of this Decree thereon. The court shall inform in writing the probation officer and
shall not be extended to those:  the probationer of any change in the period or conditions of
 sentenced to serve a maximum term of imprisonment probation.
of more than six years;
 convicted of any offense against the security of the  Sec.  13. Controls and Supervision of Probationer. — The
State; probationer and his probation program shall be under the control
 who have previously been convicted by final judgment of the court that placed him on probation subject to actual
of an offense punished by imprisonment of not less supervision and visitation by a probation officer. Whenever a
than one month and one day and/or a fine of not less probationer is permitted to reside in a place under the jurisdiction
than Two Hundred Pesos; of another court, control over him shall be transferred to the
 who have been once on probation under the provisions Executive Judge of the Court of First Instance of that place, and in
of this Decree; and such a case, a copy of the probation order, the investigation
 who are already serving sentence at the time the report and other pertinent records shall be furnished said
substantive provisions of this Decree became Executive Judge. Thereafter, the Executive Judge to whom
applicable pursuant to Section 33 hereof. jurisdiction over the probationer is transferred shall have the
power with respect to him that was previously possessed by the
 Sec.  10. Conditions of Probation. — Every probation order issued court, which granted the probation.
by the court shall contain conditions requiring that the probationer
shall:  Sec.  14. Period of Probation.
 present himself to the probation officer designated to  The period of probation of a defendant sentenced to a
undertake his supervision at such place as may be term of imprisonment of not more than one year shall
specified in the order within seventy-two hours from not exceed two years, and in all other cases, said
receipt of said order;. period shall not exceed six years.
 report to the probation officer at least once a month at  When the sentence imposes a fine only and the
such time and place as specified by said officer. offender is made to serve subsidiary imprisonment in
 The court may also require the probationer to: case of insolvency, the period of probation shall not be
 cooperate with a program of supervision; less than nor to be more than twice the total number of
 meet his family responsibilities; days of subsidiary imprisonment as computed at the
 devote himself to a specific employment and not to rate established, in Article thirty-nine of the Revised
change said employment without the prior written Penal Code, as amended.
approval of the probation officer;
 undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a  Sec.  15. Arrest of Probationer; Subsequent Disposition. — At any
specified institution, when required for that purpose;. time during probation, the court may issue a warrant for the arrest
of a probationer for violation of any of the conditions of probation.
 pursue a prescribed secular study or vocational
The probationer, once arrested and detained, shall immediately
training;
be brought before the court for a hearing, which may be informal
 attend or reside in a facility established for instruction,
and summary, of the violation charged. The defendant may be
recreation or residence of persons on probation;
admitted to bail pending such hearing. In such a case, the

51
 provisions regarding release on bail of persons charged with a  generally, perform such duties and exercise such
crime shall be applicable to probationers arrested under this powers as may be necessary or incidental to achieve
provision. If the violation is established, the court may revoke or the objectives of this Decree.
continue his probation and modify the conditions thereof. If
revoked, the court shall order the probationer to serve the  Sec.  20. Assistant Probation Administrator. — There shall be an
sentence originally imposed. An order revoking the grant of Assistant Probation Administrator who shall assist the
probation or modifying the terms and conditions thereof shall not Administrator performs such duties as may be assigned to him by
be appealable. 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
 Sec.  16. Termination of Probation. — After the period of be appointed by the President of the Philippines and shall receive
probation and upon consideration of the report and an annual salary of at least thirty-six thousand pesos.
recommendation of the probation officer, the court may order the
final discharge of the probationer upon finding that he has fulfilled  Sec.  21. Qualifications of the Administrator and Assistant
the terms and conditions of his probation and thereupon the case Probation Administrator. — To be eligible for Appointment as
is deemed terminated. The final discharge of the probationer shall Administrator or Assistant Probation Administrator, a person must
operate to restore to him all civil rights lost or suspend as a result be at least thirty-five years of age, holder of a master's degree or
of his conviction and to fully discharge his liability for any fine its equivalent in either criminology, social work, corrections,
imposed as to the offense for which probation was granted. The penology, psychology, sociology, public administration, law, police
probationer and the probation officer shall each be furnished with science, police administration, or related fields, and should have
a copy of such order. at least five years of supervisory experience, or be a member of
the Philippine Bar with at least seven years of supervisory
 Sec.  17. Confidentiality of Records. — The investigation report experience.
and the supervision history of a probationer obtained under this
Decree shall be privileged and shall not be disclosed directly or  Sec.  22. Regional Offices; Regional Probation Officer. — The
indirectly to anyone other than the Probation Administration or the Administration shall have regional offices organized in
court concerned, except that the court, in its discretion, may accordance with the field service area patterns established under
permit the probationer of his attorney to inspect the the Integrated Reorganization Plan. Such regional offices shall be
aforementioned documents or parts thereof whenever the best headed by a Regional Probation Officer who shall be appointed
interest of the probationer makes such disclosure desirable or by President of the Philippines in accordance with the Integrated
helpful: Provided, Further, That, any government office or agency Reorganization Plan and upon the recommendation of the
engaged in the correction or rehabilitation of offenders may, if Secretary of Justice. The Regional Probation Officer shall
necessary, obtain copies of said documents for its official use exercise supervision and control over all probation officers within
from the proper court or the Administration. his jurisdiction and such duties as may be assigned to him by the
Administrator. He shall have an annual salary of at least twenty-
 Sec.  18. The Probation Administration. — There is hereby four thousand pesos. He shall, whenever necessary, be assisted
created under the Department of Justice an agency to be known by an Assistant Regional Probation Officer who shall also be
as the Probation Administration herein referred to as the appointed by the President of the Philippines, upon
Administration, which shall exercise general supervision over all recommendation of the Secretary of Justice, with an annual salary
probationers. The Administration shall have such staff, operating of at least twenty thousand pesos.
units and personnel as may be necessary for the proper  Sec.  23. Provincial and City Probation Officers. — There shall be
execution of its functions. at least one probation officer in each province and city who shall
be appointed by the Secretary of Justice upon recommendation of
 Sec.  19. Probation Administration. — The Administration shall be the Administrator and in accordance with civil service law and
headed by the Probation Administrator, hereinafter referred to as rules. The Provincial or City Probation Officer shall receive an
the Administrator, who shall be appointed by the President of the annual salary of at least eighteen thousand four hundred pesos.
Philippines. He shall hold office during good behavior and shall His duties shall be to:
not be removed except for cause. The Administrator shall receive  investigate all persons referred to him for investigation
an annual salary of at least forty thousand pesos. His powers and by the proper court or the Administrator;
duties shall be to:  instruct all probationers under his supervision or that of
 act as the executive officer of the Administration; the probation aide on the terms and conditions of their
 exercise supervision and control over all probation probations;
officers;  keep himself informed of the conduct and condition of
 make annual reports to the Secretary of Justice, in probationers under his charge and use all suitable
such form as the latter may prescribe, concerning the methods to bring about an improvement in their
operation, administration and improvement of the conduct and conditions;
probation system;  maintain a detailed record of his work and submit such
 promulgate, subject to the approval of the Secretary of written reports as may be required by the
Justice, the necessary rules relative to the methods Administration or the court having jurisdiction over the
and procedures of the probation process; probationer under his supervision;
 recommend to the Secretary of Justice the  prepare a list of qualified residents of the province or
appointment of the subordinate personnel of his city where he is assigned who are willing to act as
Administration and other offices established in this probation aides;
Decree; and  supervise the training of probation aides and oversee
the latter's supervision of probationers;

52
  exercise supervision and control over all field
assistants, probation aides and other personnel; and 3. No involuntary servitude in any form shall exist except as a
 perform such duties as may be assigned by the court punishment for a crime whereof the party shall have been
or the Administration. fully convicted. (Sec. 18 (2), Ibid.)

 Sec.  24. Miscellaneous Powers of Provincial and City Probation 4. Excessive fines shall not be imposed, nor cruel, degrading
Officers. — Provincial or City Probation Officers shall have the or inhuman punishment inflicted. x x x (Sec. 19 (2). Ibid.)
authority within their territorial jurisdiction to administer oaths and
acknowledgments and to take depositions in connection with their 5. The employment of physical, psychological, or degrading
duties and functions under this Decree. They shall also have, with punishment against any prisoner or the use of substandard
respect to probationers under their care, the powers of a police or inadequate penal facilities under subhuman conditions
officer. shall be dealt by law. (Sec.19 (2), Ibid.)

 Sec.  25. Qualifications of Regional, Assistant Regional, Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)
Provincial, and City Probation Officers. — No person shall be
appointed Regional or Assistant Regional or Provincial or City 1. The purpose of committing a prisoner to prison is two-fold: To
Probation Officer unless he possesses at least a bachelor's segregate from society a person who by his acts has proven himself a
degree with a major in social work, sociology, psychology, danger to the free community, To strive at the correction or rehabilitation of
criminology, penology, corrections, police science, police the prisoner with the hope that upon his return to society he shall be able to
administration, or related fields and has at least three years of lead a normal well adjusted and self supporting life as a good and law
experience in work requiring any of the abovementioned abiding citizen.
disciplines, or is a member of the Philippine Bar with at least three
years of supervisory experience. Whenever practicable, the 2. There is no man who is all bad and there is something good in
Provincial or City Probation Officer shall be appointed from all men. (Art. I)
among qualified residents of the province or city where he will be
assigned to work. The Revised Penal Code

 Sec.  26. Organization. — Within twelve months from the approval “No felony shall be punishable by any penalty not prescribed by
of this Decree, the Secretary of Justice shall organize the law prior to its commission”. (Art. 21, RPC)
administrative structure of the Administration and the other
agencies created herein. During said period, he shall also Delay in the Delivery of Detained Persons to the Proper Judicial
determine the staffing patterns of the regional, provincial and city Authorities.
probation offices with the end in view of achieving maximum
efficiency and economy in the operations of the probation system. (Art 125, RPC), A felony committed by a public officer or
 Sec.  27. Field Assistants, Subordinate Personnel. — Provincial employee who shall detain any person for some legal ground and shall fail to
or City Probation Officers shall be assisted by such field deliver such person to the proper judicial authorities with in the period of:
assistants and subordinate personnel as may be necessary to
enable them to carry out their duties effectively. 12 hours – for crimes or offenses punishable by light penalties,
18 hours – for crimes or offenses punishable by correctional
penalties,
 Sec.  28. Probation Aides. — To assist the Provincial or City
36 hours – for crimes or offenses punishable by afflictive or
Probation Officers in the supervision of probationers, the
capital penalties.
Probation Administrator may appoint citizens of good repute and
probity to act as probation aides. Probation Aides shall not
The crime of Arbitrary Detention is committed when the detention
receive any regular compensation for services except for
of a person is without legal ground.
reasonable travel allowance. They shall hold office for such period
as may be determined by the Probation Administrator. Their
The legal ground of detention are : a) commission of a crime and
qualifications and maximum caseloads shall be provided in the
b) violent insanity or other ailment requiring compulsory requirement.
rules promulgated pursuant to this Decree.
Delaying Release
 Sec.  29. Violation of Confidential Nature of Probation Records. —
The penalty of imprisonment ranging from six months and one
This is committed by a public officer or employee who delays for
day to six years and a fine ranging from six hundred to six
the period of time specified in Art 125, the performance of any judicial or
thousand pesos shall be imposed upon any person who violates
executive order for the release of a prisoner or unduly delays the services of
Section 17 hereof.
the notice of such order to said prisoner.

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

Philippine Correctional Philosophies and their Legal Basis
Elements:
The Philippine Constitution of 1997
a) The offender is a private individual,
1. The state values the dignity of every human person and
b) He removes a person confined in jail or a penal institution or
guarantees full respect for human rights. (Sec 11, Art. II)
helps in the escape of such person,
c) The means employed are violence, intimidation, bribery or any
2. No person shall be detained solely by reason of his political
other means.
beliefs and aspirations. (Sec 18 (1), Art. III)
53
 1. Infidelity in the Custody of Prisoners Through Connivance
The prisoner maybe a detention or sentenced prisoner and the (Art.223, RPC) - A felony committed by any public officer
offender is an outsider to the jail. If the offender is a public officer or a private who shall consent to the escape of a prisoner in his custody
person who has the custody of the prisoner and who helps a prisoner under or charge.
his custody to escape, the felony is Conniving with or Consenting to Evasion 2. Infidelity in the Custody of Prisoners through Negligence
(Art. 223) and Escape of a Prisoner under the custody of a person not a (Art. 224, RPC) - A felony committed by a public officer
public officer (Art. 225) respectively. when the prisoner under his custody or charge escaped
through negligence on his part.
This offense like other offenses of similar nature may be 3. Escape of a Prisoner under the Custody of a Person not a
committed through imprudence or negligence. Public Officer. (Art 225, RPC)

Evasion of Service of Sentence (Art 157-159, RPC)

Other Offenses or Irregularities by Public Officers
1. Evasion of Service under Art 157, RPC
1. Maltreatment of Prisoner (Art. 235, RPC)
Elements:
Elements:
a) Offender is a prisoner-serving sentence involving
deprivation of liberty by reason of final judgment. a) Offender is a public officer or employee
b) He evades the service of his sentence during the term of his b) He overdoes himself in the correction or handling
imprisonment. of such prisoner by imposition of punishment not
authorized by regulation or by inflicting such
This felony is qualified when the evasion takes place by breaking punishment in a cruel and humiliating manner.
doors, windows, gates, roofs or floors; using picklocks, false keys, disguise,
deceit, violence, intimidation or; connivance with other convicts or employees The felony of Physical Injuries if committed if the accused does
of the penal institution. (Jail breaking is synonymous with evasion of not have the charge of a detained prisoner and he maltreats him. And if the
sentence). purpose is to extort a confession, Grave Coercion will be committed.

Good Conduct Time Allowance (GCTA)

2. Evasion of Service of Sentence on the Occasion of Disorders
due to Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC) Good conduct time allowance is a privilege granted to a prisoner
that shall entitle him to a deduction of his term of imprisonment. Under
Elements: 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:
a) Offender is a prisoner serving sentence and is confined in a
penal institution. 1. During the first two years of his imprisonment, he shall be
b) He evades his sentence by leaving the institution. allowed a deduction of 5 days for each month of good
c) He escapes on the occasion of a disorder due to behavior.
conflagration, earthquake, explosion, or similar catastrophe 2. During the third to the fifth years of his imprisonment, he
or mutiny in which he has not participated, and shall be allowed a deduction of 8 days each month of good
d) He fails to give himself up to the authorities with in 48 hours behavior.
following the issuance of a proclamation by the Chief 3. During the following years until the tenth years of his
Executive regarding the passing away of the calamity. imprisonment, he shall be allowed a deduction of 10 days
each month of good behavior.
A special time allowance for loyalty shall be granted. A deduction 4. During the eleventh and the successive years of his
of one-fifth of the period of the sentence of any prisoner who evaded the imprisonment, he shall be allowed a deduction of 15 days
service of sentence under the circumstances mentioned above. The purpose each month of good behavior.
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. APPROACHES IN CORRECTION ADMINISTRATION

Whenever lawfully justified, the Director of Prisons (Bureau of Any of the approaches or models of prison management that will
Corrections) shall grant allowance for good conduct and such allowances be presented under this part serves as an additional information on the need
once granted shall not be revoked. to manage those who are considered outcast of society, the prisoners.

3. Other cases of Evasion of Service of Sentence (Art. 159, RPC) Just as justifications for the criminal sanction have influenced
sentencing decisions, correctional models have been developed to describe
The violation of any conditions imposed to a Conditional Pardon is the purposes and approaches to be used in handling prisoners. Although
a case of evasion of service of sentence. 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.
The effect of this is, the convict may suffer the unexpired portion
of his original sentence Researchers have revealed a variety of prison management
styles. Dr. George Beto for example adopted a Control Model of prison
Infidelity of Public Officers management, which emphasizes prisoner obedience, work and education
(Sahara, 1988). Others have exemplified the Responsibility Model of prison

54
management that stresses prisoners responsibility for their own actions, not goals of incarceration. When we look at a prison, it is natural to believe that
administrative control to assure prescribed behavior. Proper classification of retribution, incapacitation and deterrence are the goals being advanced, but
inmates, according to this model, permits placing prisoners in the least one also know that the most sought after goal is the rehabilitation of
restrictive prison consistent with security, safety, and humane confinement. offender.
Prisoners should be given a significant degree of freedom and then held to
account for their actions (Sahara,1988). In the late 18th Century, America employed penitentiary as a
means of protecting prisoners from moral contamination and restoring them
Other models of prison management have been prominent in the to habits of correct living (Johnson, 1987). This is considered as the birth of a
last four decades. One is the Custodial Model, based on the assumption that modern prison for purposes of the prisoner’s reformation by protecting health
prisoners have been incarcerated for the protection of society and for the and improving character. In the context of corporal punishment, it seemed
purpose of incapacitation, deterrence and retribution. It emphasizes primitive and barbaric but these punishments were the vestiges of the Old
maintenance and security and order through the subordination of the World (Johnson, 1987). In the New World, by contrast, it was self-evident
prisoner to the authority of the warden. Discipline is strictly applied and most that a criminal was not a preordained sinner. His fate was not sealed by the
aspect of behavior is regulated. 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
With the onset of the treatment orientation in corrections during and for the society (Johnson, 1987). The penitentiary, the first prison
the 1950’s, the Rehabilitation Model of institutional organization and prison systematically designed to harness pain in service of the reformation of men,
management were developed. In prisons of this sort, security and house thus embodied a glorious reform dream, providing a new prison for a New
keeping activities are viewed primarily as a framework for rehabilitative World (Clear and Cole, 1986). It is further essential to note that the reformers
efforts. Professional treatment specialist enjoys a higher status than other or legislators who supported the penitentiary did so with one firm criterion
employees, in accordance with the idea that all aspect of prison and that, the punishment is humane and not replicate the brutal punishment
management should be directed towards rehabilitation. During the past of the past (Clear and Cole, 1986). The penitentiary model of reformation
decade, with the rethinking of the goal of rehabilitation, the number of applies two systems namely, the separate and the congregate. The separate
institution geared toward that end has declined. Treatment programs still do system used solitary confinement and manual labor in which the prisoners
exist in most institutions, but very few prisons can be said to conform under were kept separate from one another as well as from the outside world. The
this model. congregate system is one in which the prisoners slept in solitary cells,
worked together but complete silence is observed. They are united but no
The Reintegration Model is linked to the structures and goals of moral connection exists among them. They see without knowing each other.
community corrections but has direct impact on prison operations. Although They are in a society without mental intercourse because there was no
an offender is confined in prison, that experience is pointed toward communication and hence no interaction (Clear and Cole, 1986).
reintegration into society. This kind of treatment gradually give inmates
greater freedom and responsibility during their confinement and move them The penitentiary was in practice, a custodial institution. It
into a halfway house, work release programs, or community correctional demanded absolute obedience from criminals who have never learned to
center before releasing them to supervision. Consistent with the perspective respect limits, follow rules, or put in an honest day’s work and who,
of community corrections, this model is based on the assumption that it is moreover, were the filthy elements of the society.
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 Despite the theoretical emphasis on reform and the widespread
and Cole, 1986). use of the terminology of rehabilitation, the actual experience of
imprisonment for most persons who are imprisoned in this century has been
The effects of these management philosophies, on the basis of simply punitive. From the mid-60s to the present, a new prison type has
existing research, appear positive (Sahara, 1988). However, defects cannot emerged which is defined by the climate of violence and predation on the
be put aside. Many still believe that prisons are supposed to both punish and part of the prisoners. Known simply as the “violent prison”, it has been aptly
rehabilitate prisoners to normal daily life and to protect the society and other described as a “human warehouse with a junglelike underground” (Johnson,
inmates from assaultive, escape-prone prisoners. This conflicting goal leads 1987).
to prison administrators offending vocal interest groups. Measures taken to
assure security or to punish prisoners inevitably generate criticism from In the management of prisons, one recognizes that the pain
those who are committed to rehabilitation. Actions taken to encourage suffered by the prisoners can create more prison management problems
prisoners rehabilitation anger line officers, who have the direct responsibility rather than solve them. When prisoners feel pain, prisons become hard to
of maintaining prison security, and the large segment of the public that operate. According to Johnson (1987), in principle, it is possible to escalate
believe prisons exist to punish offenders (Sahara, 1988). 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
The concept of a Total Institution developed by Erving Goffman, push and deter two goals that require pain and discomfort even to the extent
has influenced much research on prisons. He stated that “the prison, like that conditions in jail are restrictive and even harsh. They are part of the
other total institution, is a place of residence and work where a large number penalty that the criminal offender must pay for his offenses against society.
of like-situated individuals, cut off from the wider society for an appreciable The constitution does not even mandate comfortable prisons so indeed
period of time, together lead an enclosed, formally administered round of prisons can not be free from discomfort because by their very nature, always
life”. A total institution is one that completely encapsulates the lives of the will be painful.
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 In the modern prisons, from the nineteenth century penitentiary to
minute behind bars must be lived in accordance with the rules as enforced today’s prison system, administrators are deceptive on this score, preaching
by the staff. Adding to the totality of the prison is a basic split between the treatment but practicing punishment (Johnson, 1987). The New York’s
large group of inmates. Those who have very limited contact with the outside famous Elmira Reformatory, for example, is often described as the original
world and the small group of staff members who supervise the inmates and model from which progressive penology evolved. It was praised as a
yet are socially integrated with the outside world they live (Clear and Cole, humanitarian “hospital” or “college on the hill”, but pain as a fundamental fact
1986). This concept of inmate treatment probably an influence of the broad of prison life was not acknowledged as an Elmira’s ingredients. Although the

55
system developed a new, liberating reformatory and produced a kind of staff, that policies be developed allowing the release of the prisoners when
scientific penitentiary, the system attributed largely on the result of fear prison facilities become crowded and staff are greatly outnumbered to
(Johnson, 1987). manage prisoners, and that each court be allotted a certain amount of prison
space and staff members so that judges and prosecutors make their
The brutality inside prisons in today’s world reflects a failure of decisions accordingly. This strategy depends on the political will to release
policy, a triumph of convenience over conscience, and a challenge to prisoners even in the face of public protest (Clear and Cole, 1986).
responsible prison administrators. If our nurturing is defective, i.e.
unappreciative, inconsistent, lax, harsh and careless, one grows up hostile Contemporary jails serve two vital purposes: they detain accused
and this hostility seems as much turned inward as it was turned outward. The individuals awaiting trial and they house sentenced offenders serving short
nurturing environments that produce this denigration of self and others are terms. Some argue that jails are outside the boundaries of the correction
the factors that breed criminality. enterprise while others believe that jails are important part of corrections and
that they illustrate many complexities. It is perhaps the most frustrating
If this is what really appears to be, then when will man realize the component of corrections for people who want to help persons who find
meaning of reformation or rehabilitation for prisoners? Does it only end in themselves under supervision. Many of them need a helping hand, but the
wishful thinking? unceasing human flow usually does not allow time for such help nor the
resources available in most instances. Many programs have been tried and
Blumstein list five possible approaches that prison administrators alternatives to jails were developed, but the common experience is that they
may take to deal with the prison crisis. Each approach has economic, social come to be applied to persons who otherwise would be sentenced to
and political costs, and each entails a different amount of time for probation or those who will serve their sentences with in the community.
implementation and impact.
In the United States, a Federal Survey (Senna and Siegel, 1987)
First, the proponent of the Null Strategy say that nothing should found out that the ratio of probation to prison population is increasing as a
be done, that prisons should be allowed to become increasingly congested faster rate than the prison population. About 1,032,000 adult offenders were
and staff should remain to maintain them with the assumption that the put on probation in 1984, and about 904,000 finished their probationary
problem is temporary and will disappear in time. This, of course, may be the period. Of these about 81.5 percent were considered successful
most politically acceptable approach in the short run. In the long run, completions. The remainder, 18.5 percent, was considered unsuccessful
however, the approach may lead to riots as prisoners take control of their either because the probationer was incarcerated for a new offense or
situation and staff members become demoralized. It may ultimately result in because the probationer absconded or was in custody for another reason
the courts declaring the facilities unconstitutional and taking over their (Senna and Siegel, 1987).
administration. Philosophical opponents of incarceration may support this
approach because they fear that other strategies will only result in greater In the context of recidivism, the effectiveness of correctional
numbers of persons imprisoned. 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
Second, proponents of the Selective Incapacitation strategy argue Greenfeld of the Bureau of Justice Statistics analyzed data from a national
that expensive and limited prison space with the necessary number of staff survey of prison inmates in Washington D.C., United States. Greenfeld
to maintain them should be used more effectively by targeting the individuals found that an estimated 61 percent of those admitted to jail or prison had
whose incarceration will do the most to reduce crime. It shows that the previously served a sentenced of imprisonment as a juvenile, an adult, or
incarceration of some career criminals has a pay off in the prevention of both. Of the 39 percent entering prison who had no prior imprisonment
multiple serious offenses. 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
Third, the Population-Reduction strategy incorporates front door percent of entering inmates had prior convictions that had resulted in
and back door strategies. Front-door strategies divert offenders to non- correctional treatment.
incarcerative sanctions, among them, community service, restitution, fines,
and probation. Some critics contend, that even if such alternative were fully Another disturbing fact uncovered by Greenfeld was that 46
incorporated into the correctional system, they would affect only first time, percent of the returning offenders would still have been in prison had they
marginal offenders, as they are not appropriate for serious criminals if crime been forced to serve the entire term of the sentence given them at their
control is a goal and has the effect of widening the net so that a greater previous trial. Many offenders had long criminal records before they
number of citizens come under correctional supervision. While the Back-door committed the offense that gained them their current sentence. He revealed
strategies such as detention, parole, work release and good behavior are that most inmates had prior criminal records. He also said that current
devised to get offenders out of the prison before the end of their terms in correctional policy is not sufficient to deter offenders for repeating their law-
order to free space for new comers. violating behavior (Clear and Cole, 1986).

Fourth, the Construction Strategy of building new facilities to meet Based on the aforementioned information, it seems that
the demand for prison space for an advantageous prison management. The civilization dictates the realization of true reformation among prisoners.
approach comes to mind when legislators and correctional officials confront Civilization means a growth in knowledge, which in turn increases the power
the problem on prison crowding, sanitation and prison violence to expand the to prevent or reduce pain. Civilization also means an increase in our ability to
size, number of facilities and personnel. communicate with others. Growth in knowledge engulfs those who are
But given contemporary financial restrictions, this strategy may not be as outside immediate environment and this extends to the circle of people with
feasible as it seems. Opponents of this approach of prison management whom one emphasizes. As a result of civilization, its progress is
believe that given the nature of bureaucracy, prison cells will always be filled characterized by a higher tolerance for one’s own pain, and that suffered by
as well as the conditions in prisons has detrimental effect of incarceration on others. This means that “the spectacle, and even the very idea of pain” must
offenders. be hidden from more and more people (Johnson, 1987). Ultimately, it must
seem to disappear from punishment itself. By this growing unwillingness to
Fifth, the Population-Sensitive Flow Control strategy urges the administer pain does one measure his civilization and, “by our example,
sentencing be linked to the availability of prison space and management continue the work of civilizing prison management”(Johnson, 1987).
56