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Concept of Community-Based Corrections (Non-Institutional Corrections/Non Institution Based Corrections).
Includes all Correctional activities that take place in the community.
A supervised program dealing with people who have been convicted or are facing conviction, it is a non-incarceration system of correction.
It is a community based programs directly address to the offenders and aimed at helping them to become law abiding citizen.
Is a better substitute for the traditional incarceration on the assumptions that there is no evidence to show that institutional approach reduced criminal repetitions and served as a deterrent in the commission of the crime.
Community-based corrections are non-institutional based corrections which are being considered as the best alternative for imprisonment. It is a non- incarcerate system of correction. It is described as a method of rehabilitating convicted felons without a need of placing them into jail or prison facilities. It likewise refers to any sanctions in which convicts serve all or a portion of their sentence in the community. Community based correction is a program which deal with supervised rehabilitation of convicts within the community.
Rehabilitating offenders is one of the major goals of corrections. Probation, Parole and Pardon with Parole conditions are implementing post sentencing measures collectively called community based-correctional programs. The formulations of effective modes of rehabilitation activities are necessary for the successful reformation of qualified offenders and reintegration to society as law-abiding and productive members of the community.
Institution-Based and Non-Institution Based Corrections
Institution-Based Corrections
Refers to the means of correcting an individual by placing him/her to an institution or place where he/she can be treated well until he/she becomes fully recovered and accepted by the community.
If an accused has been involved in several forms of offenses and may therefore be a risk to the community, then he deserves to be incarcerated and corrected inside the jail rather than to enjoy the benefits of a community-based rehabilitation program. The jail and the prison are both institutions; therefore,
when the accused is placed to serve his sentence inside the jail or prison, Institution-Based Corrections is being implemented.
Non-Institution-Based Corrections
These are the community based-programs such as probation, suspended sentence for first time minor offenders, parole and conditional pardon.
Through Non-Institutional Corrections, there is no need to place an offender in an institution. Instead of serving his sentence inside a jail, he can be bought back to his community under the supervision of Probation and Parole Officer for probation, parole and Executive Clemency cases. If the case involves CICL, the offender is remanded under the supervision of a Social Worker.
This type of corrections administer the treatment plans and the supervision programs of the offender which are pertinent in restoring their dignity and self-esteem in developing productivity and effectiveness as members of the free society.
Community Based Corrections Programs
Probation – is a disposition under which a defendant after conviction and sentence, is released subject to the conditions imposed by the Court and to the supervision of a probation officer.
Parole – a conditional release from prison of a convicted person upon service of the minimum of his indeterminate penalty.
Pardon – a form of executive clemency which is exercise exclusively by the Chief Executive. Pardon may be given conditionally (conditional pardon) or unconditionally (absolute pardon). For the purpose of Non-Institutional Corrections, it is the Conditional Pardon with parole conditions is under consideration.
Other Community-Based Corrections Programs
In other jurisdictions, parole, probation and conditional pardon have always been a way of community correction, but with technological advancement and considering the psychology of convicted people, correction programs have widened to accommodate the following: work releases; day fine programs; electronic monitoring; home confinement; community service; half way houses; boot camp prisons; restitution; check-in programs; mediation; curfews; restorative justice centers; drug checks; alcohol checks; and other methods where there is a certain level of thrust between the offenders and the people involved (EzineArticles.com).
Government Agencies that Handle Non-Institution-Based Corrections:
The
Parole
PPA is mandated by law to handle the investigation of all cases for probation, parole and executive clemency, and the supervision of probationers, parolees and conditional pardonees. However, despite the wide scope of its responsibility, it is a reality that PPA-DOJ is the least heard among all other components of the Criminal Justice System due to confidentiality of records. Section 17 of PD 968 as amended strictly states that only the PPA-DOJ and the court are authorized to read matters regarding the convicted person who applied for probation.
The Board of Pardons and Parole (BPP) headed by the Chairman (Secretary of Justice).
Responsible for the grant of parole and recommending Executive Clemency to the President.
The Department of Social Welfare and Development (DSWD) with the Secretary as its head.
Renders services for Children in Conflict with the Law (CICL). Republic Act 9344 (as amended by R.A. No. 10630) or the Juvenile Justice and Welfare Act of 2006 states that a CICL who is 15 year old or under, during the time of the commission of the offense, shall be exempted from criminal liabilities. On the
other hand, those who are 16 and 17 years old should be assessed if they acted on discernment when they committed the crime.
Benefits of Community-Based Corrections
Strengthening family ties through avoidance of broken family relationships. The treatment and rehabilitation of convicted offender is done outside the institutional facilities hence, family members will not suffer broken family due to imprisonment of one of its member;
Prevention of Influence Contamination. Putting convicted felon to prison may expose him to hardened criminals who might influence him to be a more hardened criminal than before;
Engagement of Community Involvement. Rehabilitation can be more effective with the help of the members of the community;
Assurance of Individualized Treatment Approach. These programs provide individualize treatment program for the convicts which is if not available, it is hard to attain in correctional institution;
It is more economical than institution-based corrections on the part of the government.
Community-Based Programs Components
Restorative Justice
By way of Memorandum Order No. 12 S. 2003, dated July 16, 2003, the PPA promulgated a policy on adopting RJ practices as major component of its treatment programme.
Is a process through which remorseful offenders accept responsibility for their misconduct, particularly to their victims and to the community. It creates
obligation to make things right through proactive involvement of victims, ownership of the offender of the crime and the community in search for solutions which promote repair, reconciliation and reassurance.
Is a philosophy and a process whereby stakeholders (offender, victim and the community) in a specific offence resolve collectively how to deal with the aftermath of the offense and its implications for the future.
Serve as the conceptual framework of the program and as a philosophy and way of life aims at restoring a broken relationship that resulted from the commission of an offense. Thus, it is sometimes referred to as a balanced form of justice because it brings together the three major stakeholders involved in the healing process: a. the offender, b. the victim, and c. community.
It is a means of healing broken relationships; refers to a systematic response to a wrongdoing that emphasizes healing the wounds of victims, offenders and communities as revealed by a criminal behavior. (Philosophical foundation) (e.g. mediation, conferencing, etc.)
As a philosophy, RJ treats crime as a violation of people and relationships. It creates obligations to make things right through involvement of the victim, the offender and the community in searching for solutions which promote repair, reconciliation and reassurance (Van Ness quoting Zehr, 2002).
Therapeutic Community (TC)
Is a self-help social learning treatment model, the therapeutic community factors behavioral and attitudinal change through the help of the community of the family. Originally a rehabilitation approach for clients with drug related cases only. TC is now implemented for non-drug related clients with serious problems in life. (Treatment modality)
TC is a specialized self-help learning treatment modality founded on such precepts as “responsible love and concern”, “honesty”, “humility”, “forgiveness”, “pride in quality”, and others. Its overall goal is to move the client from “wrong living” to “right living.”
The adaptation of TC as the treatment modality in PPA’s community- based programme began in 1998 after a series of training programmes conducted by Daytop International, Inc. New York, through funding from the Bureau of International Narcotics and Law Enforcement Affairs (INL), U.S. Department of State. A total of 141 PPA officials and personnel in three batches completed the training.
Volunteer Probation Aides/Assistants (VPA) as the lead community resource
A person of good moral character and good standing in the community who has been selected and trained to do volunteer probation work.
The enlistment and training of VPA’s started in 1977 while the agency was preparing for the operationalization of the national probation programme which was to begin on January 3, 1978.
Provisions of Executive Order No. 468 of the President of the Philippines, promulgated on 11 October 2005, directing the PPA to revitalize its VPA programme and as enunciated in the Policy Guidelines on the VPA Programme of the Agency, duly approved by the Secretary of Justice on October 2006, the following objectives are pursued:
to amplify the extent of services rendered to clients in an effective yet economical means through the use of volunteers;
to develop a competent corps of VPA’s who will assist the PPA officers in the effective supervision of clients;
to inculcate greater citizen awareness and understanding of the criminal justice system;
to enhance community participation in crime prevention, treatment of offenders and criminal justice administration; and
to foster an attitude of meaningful involvement in the social, economic, cultural and political affairs of the community.
Who are eligible to be a Volunteer Probation Aide/Assistants?
Volunteer Probation Aide must be a Filipino citizen of good refute and probity, at least 18 years of age, resident of good standing of the province or city where the probationer to be supervised resides, appointed by the Probation Administration upon recommendation of the Provincial or City Probation Officer to assist the Probation Officer in the supervision and guidance of the probationer (sections 43-44, Rules on Probation Methods and Procedures).
What are the Duties of the Volunteer Probation Aides?
A Volunteer Probation Aide shall perform the following duties:
Assist the Probation Officer in the supervision and guidance of probationer; and
Prepare and submit a detailed record of his work and such other written reports as may be required by the Probation Office (sec. 45, Rules on Probation Methods and Procedures).
Note:
Sec. 6. Section 28 of the same Decree is hereby amended to read as follows: “Sec. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole Officers in the supervised treatment program of the probationers, the Probation Administrator may appoint citizens of good repute and probity, who have the willingness, aptitude, and capability to act as VPAs.
VPAs shall not receive any regular compensation except for reasonable transportation and meal allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.
They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a just cause. Their functions, qualifications, continuance in office and maximum caseloads shall be further prescribed under the implementing rules and regulations of this Act.
There shall be a reasonable number of VPAs in every regional, provincial, and city probation office. In order to strengthen the functional relationship of VPAs and the Probation Administrator, the latter shall encourage
Functions and Responsibilities of VPAs
A VPA is expected to perform the following functions:
Work in close consultation and co-operation with the Supervising PPO;
Keep all information about the client in strict confidentiality;
Maintain an honest recording and monthly reporting of activities to the Supervising PPO;
Devote substantial and quality time for supervision of clients and perform the following tasks:
Offer advice and guidance;
Act as job placement officer;
Refer clients to pertinent agencies for spiritual, mental, economic, and social or health needs;
Implement treatment objectives as provided for in the supervision treatment plan; and act as a resource individual;
