CORRECTIONAL ADMINISTRATION 2

NON-INSTITUTIONAL CORRECTION

COMMUNITY-BASED APPROACH

To corrections as a way to decongest the prisons involve the Public Attorney's Office and the National Prosecution Service effecting the immediate release of detainees either on bail or recognizance and giving priority to the trial of detainees who cannot be released on bail or recognizance.

PROBATION AND PAROLE

Two forms of non-institutional or community-based corrections.

NON-INSTITUTIONAL CORRECTIONS

Refer to that method of correcting sentenced offenders without having to go to prison.

PROBATION

It is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer.

INDETERMINATE SENTECE LAW / PAROLE PROGRAM

It is that type of correctional-program that enables the convicted felon after serving the minimum imposable penalty may be eligible for release on parole.

EXECUTIVE CLEMENCY

It is the power of the Chief Executive to grant amnesty, commutation of 3. sentence, pardon, reprieve and remit fines and forfeitures to convicted prisoners.

RESTORATIVE JUSTICE PROGRAM

It refers to the program enacted under RA 9344 for CICL's that requires a CICL's to undergo after he/she is found responsible for an offense without resorting to formal court proceeding like diversion, intervention and Community based programs.

ROYAL PARDONS

Could be purchased by the accused; activist judges could refrain from applying statuses or could opt for a lenient interpretation of them; stolen property could be devalued by the court so that offenders could be charged with a lesser crime.

BINDING OVER FOR GOOD BEHAVIOR

Is a form of temporary release during which offenders could take measures to secure pardons or lesser sentences. Controversally, certain courts in due time began suspending sentences.

SECURITY FOR GOOD BEHAVIOR

Also known as good aberrance was much like modern bail: accused paid a fee as a collateral for good behavior.

MATTHEW DAVENPORT HILL

He became the Recorder of Birmingham, a judicial post, he used a similar practice for individuals who did not seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they were placed in the hands of generous guardians who willingly took charge of them. He had police officers pay periodic visits to these guardians in an effort to tack the offender’s progress and to keep a running account.

MATTHEW DAVENPORT HILL

Father of Probation in England

JOHN AUGUSTUS

The Father of Probation is recognized as the “first true probation officer”.

JOHN AUGUSTUS

By 1829, he was a permanent resident of Boston and the owner of a successful boot-making business. In 1841, he attentend police court to bail out a “common drunkard”, the first probationer. He was also the first to apply the term “probation” to this process of treating offenders.

FR. RUFUS COOK

A chaplain in Boston, Massachusetts who continued the work of Augustus after the latter's death and employed humane but unscientific approach.

THE PROBATION ACT OF 1925

Signed by President Calvin Coolidge provided for a probation system in the federal courts (except in the District of Columbia). It gave the courts the power to suspend the imposition or execution of sentence and place defendants on probation for such period and on such terms and conditions as they deemed best.

ACT NO. 4221 (THE FIRST PROBATION LAW OF 1935)

Probation was first introduced in the Philippines during the American colonial period (1898-1945) with the enactment of _____ of the Philippine Legislature on 7 August 1935.

HOUSE BILL NO. 393

In 1972, _____ was filed in Congress by Teudolo C. Natividad and Ramon D. Bagatsing which would establish a probation system in the Philippines. This bill avoided the objectionable features of Act 4221 that struck down the 1935 law as unconstitutional.

PRESIDENTIAL DECREE NO. 968

Also known as Adult Probation Law of 1976 was signed into Law by the President of the Philippines.

FIFTEEN

Number of selected probation officers were sent to U.S.A, for orientation and training in probation administration. Upon their return, they were assigned to train the newly recruited probation officers.

EO 292

Was promulgated which added functions of supervising prisoner under parole and pardon with parole conditions.

CONGRESSMAN TEODULO NATIVIDAD

Father of Probation in the Philippines

PD 603

The Child and Youth Welfare Code of 1974 that provides probation for minors below the age of 18.

PROBATIONER / CLIENT

Is a person placed on probation.

PROBATION OFFICER

Is one who investigates (PSI) for the court a referral for probation or supervises a probationer or both.

BENEFIT OF CLERGY

This originated in a compromise with the Church which had maintained that a member of the clergy brought to trial in a King's Court might be claimed from that jurisdiction by the bishop or chaplain representing him, on the ground that he, the prisoner, was subject to the authority of the ecclesiastical courts only.

JUDICIAL REPRIEVE

This is a temporary withholding of sentence either before or after judgment; as where the judge is not satisfied with the verdict, or evidence is suspicious, or indictment is insufficient, or he is doubtful whether the offense be within the clergy, or sometimes if it be a small felony, or any favorable circumstances appear in the criminal's character.

RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)

It originated as a measure of preventive justice involving the release of the person accused of committing a crime to the custody of a person of reputable character who shall have the responsibility of bringing the accused to court whenever the court requires.

TRANSPORTATION

This was chiefly a way of ridding the country of criminals; it later developed as a plan for supplying new colonies with cheap labor. It was also an attempt to substitute for brutal punishment at home and an opportunity for rehabilitation in a new country.

PEOPLE VS. VERA (37 O.G. 164)

The constituionality of Act 4221 was challenged because of the following grounds:
a) The said act enroaches upon the pardoning power of the executive;
b) That it constitutes an undue delegation of legislative power; and
c) It denies the equal protection of the laws.

MATTER OF GRACE OR LENIENCY

It is to say that probation is good bit more than the _____ which characterize the philosophy of the general public and of many judges and legislators on the subject.

MATTER OF PRIVILEGE

It is generally conceded that probation is a _____ to be granted or refused at the discretion of the State.

SUSPENSION OF EXECUTION OF SENTENCE

The court convicts and sentences the defendant but the execution of the sentence whether it imposes a term of imprisonment or a fine only is suspended and the defendant is released on probation.

PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT

Probation is not demandable as a matter of right. It is a privilege. Its grant depends upon the discretion of the court. But it will be declared as a right if (a) the applicant is a minor stated under RA 9344 and (b) when the probation order is already released by the court.

NECESSITY OF APPLICATION

Probation may not be granted except upon application of the defendant.

WITHIN FIFTEEN (15) DAYS

The law says that the application for probation should be made within the period for perfecting an appeal or _____ from promulgation of notice of judgment.

WAIVER OF THE RIGHT TO APPEAL

The filing of application (for probation) shall be deemed a _____. In such case, the accused cannot, even by withdrawing his application for probation, reinstate his appeal or right to appeal.

MAY APPLY FOR PROBATION

When two (2) or more accused are tried jointly and convicted, and some have taken further appeal, the other accused who did not file and appeal _____ by filing petition for probation within fifteen (15) days from the promulgation of judgment or notice thereof and attaching thereto a certified true copy of the judgment of conviction.

NOT LATER THAN SIXTY (60) DAYS

The probation officer shall submit to the court the investigation report on an applicant ______ from receiptt of the order of the said court to conduct the investigation.

NOT LATER THAN FIFTEEN (15) DAYS

The court shall resolve the petition for probation _____ after receipt of said order.

NO RIGHT TO COUNSEL

The Probation Law has no provision guaranteeing the right to counsel in the investigation of a petitioner. The constitutional guarantee of right to counsel will not apply because the investigation by the probation and parole officer is neither prosecutory nor accusatory in character.

PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE

The information contained in the post-sentence Investigation report shall be “privileged” and could not be used as evidence against any person, no matter how incriminating the information may be.

NO SUBPOENA POWERS

Probation and parole officers are not clothed with subpoena powers under the Probation Law. There is nothing to prevent them, however, from requesting the court to issue subpoenas requiring the attendance of witnesses in their investigations.

SUBMISSION OF INVESTIGATION REPORT

The investigation report having been completed, the Chief Probation and Parole Officer should submit his report to the court, not later than 60 day from receipt of the order of the court to conduct the investigation. The same period is merely directory, not mandatory, in the sense that an investigation report submitted after 60 days would still be a valid report.

NO COPY OF REPORT FOR APPLICANT

The investigation report as well as the supervision history shall be privilege and shall not be disclosed directly or indirectly to anyone other than the Parole and Probation Administration or the court concerned.

NO RIGHT OF APPLICANT TO COMMENT ON REPORT

There is nothing in the Probation Law which entitles the applicant to submit any comment or demand that the court should consider the same.

HEARING NOT REQUIRED

There is nothing in the Probation Law which requires the court to set for hearing the investigation report or the application for probation, although it may of course, in its discretion do so, preserving at all times however, the confidentiality of the report.

BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION

Pending submission of investigation report and the resolution of the petition for probation, the defendant may be allowed temporary liberty under his bail filed in the criminal case. In case no bail was filed or the defendant is incapable of filing one, the court may allow the release of the defendant on recognizance to the custody of a responsible member of the community who shall guarantee his appearance whenever required by the court.

PROBATION DISCRETIONARY

Barring disqualified offenders, the grant or denial of probation is a matter of discretion on the part of the court.

PROBATION ORDER

Shall take effect upon its issuance, at which the court shall inform the offender of the consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense, he shall serve the penalty impose for the offense under which he was placed for probation.

MAY NOT NEED TO REVOKE THE PROBATION

In the event that violation of any of the conditions of probation is established, the court ______, it has the discretion to revoke or continue the probation and modify the conditions thereof.

APPLICANT MAY REJECT GRANT OF PROBATION

The law does not oblige the defendant to accept the probation granted by the court. He should be allowed to turn down the same grant especially since he might feel that the terms and conditions thereof are too onerous for him.

WITHIN 72 HOURS

Present himself to the probation (and parole) officer designated to undertake his supervision at such place as may be specified in the order _____ from receipt of said order.

AT LEAST ONCE A MONTH

Report to the probation (and parole) officer _____ at such time and place as specified by the said officer.

FACT FINDING INVESTIGATION

Based on reasonable cause reported by a reliable informant or on his/her own findings, the SO concerned or the CPPO himself/herself shall conduct or require the SO to immediately conduct this on any alleged or reported violation of probation condition(s) to determinate the veracity and truthfulness of the allegation.

VIOLATION REPORT (PPA FORM 8)

After the completion of the fact-finding investigation, the SO shall prepare a _____ thereon containing his/her findings and recommendations and submit the same to the CPPO for review and approval.

ARREST OF ERRING PROBATIONER

After having duly considered the nature and gravity of such reported violation based on the submitted Report, the Trial Court may issue a warrant of arres of the probationer for serious violation of his/her probation condition.

HEARING OF THE VIOLATION OF PROBATION

Once arrested and detained, the probationer shall immediately be brought before the Trial Court for a summary of hearing of the violation charged. The probationer shall have the right to be informed of the violation charged and to adduce evidence in his/her favor.

PERIOD OF PROBATION

The period of probation may either be shortened or made longer but not exceed the period set in the law.

CINDITIONS OF PROBATION

During the period of probation, the court may, upon application of either the probationer or the probation office, revise or modify the conditions of probation.

TERMINATION REPORT

The Probation Office shall submit to the Trial Court a Probation Officer’s Final Report (PPA FORM 9) five (5) days before the expiration of the period of probation. (OLD)

TERMINATION REPORT

The Probation Office shall submit to the Trial Court a Probation Officer’s Final Report (PPA FORM 9) thirty (30) days before the expiration of the period of probation. (OLD)

RECKNONING PERIOD

After actual receipt of the Termination Order finally discharging the probationer, the Probation Office shall formally close the probation case and keep client’s case file.

MODE

Immediately after such closure of the probation case, the corresponding probation recors shall be archived, but not after the proper reporting is done.

PROBATION ADMINISTRATION

There is hereby created under the Department of Justice an agency to be known as the Administration, which shall exercise general supervision over all probationers.

PROBATION ADMINISTRATOR

The Administration be header by him/her, herinafter referred to as the Administrator, who shall be appointed by the President of the Philippines. He shall hold office during good behavior and shall not be removed except for cause.

ASSISTANT PROBATION ADMINISTRATOR

There shall be _____, who shall assist the Administrator and perform such duties as may be assigned to him by hte latter and as maybe provided by law. In the absence of the Administrator, he shall act as head of the Administration. He shall be appointed by the President of the Philippines and shall receive an annual salary of at least Thiry-Six Thousand Pesos.

ABSCONDING PETITIONER

A convicted defendant whose application for probation has been given due course by the court but fails to report to the probation office or cannot be located within a reasonable period of time.

ABSCONDING PROBATIONER

A person whose probation was granted but failed to report for supervision or fails to continue reporting for supervision or whose whereabouts are unknown for a reasonable period of time.

BAIL-JUMPING

The criminal offense of defaulting on one's bail.

BAILEE

A person who receives personal property from another as a bailment.

BAILER / BAIL AGENT / BAIL BONDSMAN

One who provides bail as a surety for a criminal defendant's release.

BAIL BOND

A bond given to a court by a criminal defendant's surety to guarantee that the defendant will duly appear in court in the future and, if the defendant is jailed, to obtain the defendant's release from confinement.

BAIL COMMISSIONER

A judge empowered to hold an emergency hearing to set bail when a hearing cannot be held during regular court hours.

EXCESSIVE BAIL

Bail that is unreasonably high considering both the offense with which the accused is charged and the risk that the accused will not appear for trial.

PERSONAL RECOGNIZANCE

The release of a defendant in a criminal case in which the court takes the defendant's word that he or she will appear for a scheduled matter or when told to appear.

SURETY

A person who is primarily liable for the payment of another's debt or the performance of another's obligation.

BAIL

Is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. May be given in the form of corporate surety, property bond, cash deposit, or recognizance.

PAROLE

It is a French word and is used in the sense of word of honor or promise. Thus, the implication is that the release prisoner would give his honor and that he would abide by the terms of his conditional release.

PAROLE

It refers to the conditional release of an offender from acorrectional institution after he has served the minimum of his prison sentence.

PAROLE

It is a procedure by which prisoners are selected for release on the basis of individual response and progress within the correctional institution and a service by which they are provided with necessary control and guidance as they serve the remainder of their sentence within the community.

INDETERMINTE SENTENCE

Is a sentence imposed for a crime that is not given a definite duration.

BOARD OF PARDONS AND PAROLE

Was created pursuant to Act No. 4103, as amended. It is the intent of the law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty. It grants parole and recommends to the President the grant of any form of executive clemency to deserving prisoners or individuals. It reviews reports submitted by the Parole and Probation Administration (PPA) and make necessary decisions. It is a functional unit under the Department of Justice.

SUMMARY REPORT

It refers to the final report submitted by the Probation and Parole Officer on his supervision of a parolee/pardonee as basis for the latter’s final release and discharge.

RA 6127 (THE FULL TIME CREDIT)

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths (4/5) of the time during which he has undergone preventive imprisonment.

GOOD CONDUCT TIME ALLOWANCE

Whenever lawfully justified, the Director of Prison grants allowances for good conduct. Such allowance once granted shall not be revoked.
a. Authority to grant time allowance for good conduct is exclusively vested in the Director of Prison.
b. It is not an automatic right and once granted, cannot be revoked by the Director of Prison.

5 DAYS

In old GCTA Law (Art. 97 RPC), during the first two (2) years of imprisonment, he shall be allowed a deduction of _____ days for each month of good behavior.

8 DAYS

In old GCTA Law (Art. 97 RPC), during the third (3rd) to fift (5th) years of imprisonment, he shall be allowed a deduction of _____ days for each month of good behavior.

10 DAYS

In old GCTA Law (Art. 97 RPC), during the following years (6th) until the tenth (10th) year, he shall be allowed a deduction of _____ days for each month of good behavior.

15 DAYS

In old GCTA Law (Art. 97 RPC), during the eleventh (11th) and successive years of his imprisonment, he shall be allowed a deduction of _____ days for each month of good behavior.

ACT NO. 2489 (INDUSTRIAL GOOD TIME LAW)

Provides that when a prisoner has been classified as trusty or penal colonists, he is given an additional 5 days’ time allowance for every month of service. A prisoner serving life sentences has his sentence automatically reduced to 30 years of imprisonment upon attaining the classification of trusty or penal colonists.

20 DAYS

In new GCTA Law (RA 10592), during the first two (2) years of imprisonment, he shall be allowed a deduction of _____ days for each month of good behavior.

23 DAYS

In new GCTA Law (RA 10592), during the third (3rd) to fifth (5th) years of imprisonment, he shall be allowed a deduction of _____ days for each month of good behavior.

25 days

In new GCTA Law (RA 10592), during the following years (6th) until the tenth (10th) year, he shall be allowed a deduction of _____ days for each month of good behavior.

30 DAYS

In new GCTA Law (RA 10592), during the eleventh (11th) and successive years of his imprisonment, he shall be allowed a deduction of _____ days for each month of good behavior.

MINUS 15 DAYS

______ Days will be deducted per month for study and mentoring.

ART. 98

Deduction of 1/5 if the convict voluntarily surrendered within 48 hours after the declaration of passing of calamities or conflagration or even man-made crisis.

ART. 158

Evasion of Service of Sentence due to failure to return within 48 hours after passing of calamity or disorder. Surrendered after 48 hours shall also be charged with Art. 158 but must be given the mitigating circumstance of voluntary surrender.

RA 10592

Deduction of 2/5 if the inmate stayed while disaster is present.

EXECUTIVE CLEMENCY

Collective term for absolute pardon, conditional pardon, reprieve, amnesty, and communtation of sentence.