Parole
Page 1: Presenter Information
Reynaldo M. Esmeralda, RCrim., MSCrim., JD
Date: 10/30/2024
Page 2: Parole Process Overview
Processes involved:
Petition, review, and evaluation by BJMP and BUCOR
Investigation of the petition
Grant or denial of parole by BPP
Supervision and monitoring process
Violations of conditions
Changes in conditions, if any
Suspension or revocation of parole
Arrest of parolees for violations
Early discharge and release of parolees
Roles involved:
Parole officer
Victim/complainant in the process
Page 3: Definition of Parole
Parole: Conditional release from a correctional institution after serving part of a sentence.
Minimum Sentence: Must serve the minimum imposable penalty.
Executive Role: Granted by the Board of Pardons and Parole (BPP).
Page 4: Origin of Parole
Etymology: From French "parol" (voice, spoken words).
Historical Roots: Associated with prisoner releases based on promises or word of honor (Parole d'honneur).
Page 5: Justifications of Parole
Reward for good prison conduct.
Post-release supervision.
Release from an indeterminate sentence.
Cost reduction for incarceration.
Page 6: Protocol for Release on Parole
Criteria for Release by the Board of Pardons and Parole:
Prisoner has served the minimum penalty.
The prisoner is deemed fit through training.
Reasonable probability of lawful behavior post-release.
Release is compatible with societal welfare.
Page 7: Parole vs. Probation
Parole:
Administrative function by the executive branch.
For offenders who served time in prison, supervised by executive.
Probation:
Judicial function by courts.
For offenders who may not have served jail time, supervised by probation officers.
Page 8: Detailed Comparison of Parole and Probation
Parole:
Granted only after a minimum sentence.
Extension of institutional punishment.
Granted by BPP, supervised by parole officers.
Probation:
Granted immediately after conviction.
Substitutes imprisonment.
Issued by the court, supervised by probation officers.
Page 9: Further Comparison between Parole and Probation
Release Certifications:
Parole: Certificate of Final Release and Discharge issued by the Board.
Probation: Certificate of Final Discharge issued by the court.
Timing:
Parole granted after minimum sentence.
Probation granted after conviction.
Re-granting:
Parole can be granted after serving part of the maximum sentence.
Probation granted only once.
Page 10: Alexander Maconochie
Contribution: Developed the early parole system in 1840.
Context: Superintendent of British penal colonies at Norfolk Island, Australia.
Legacy: Known as the Father of Modern Penology and Parole.
Page 11: Maconochie's Influence
Notoriety of Norfolk: Known for housing highly incorrigible prisoners.
Page 12: The Mark System by Maconochie
A system requiring prisoners to earn marks through labor and study for conditional release;
Seen as a precursor to modern-day parole.
Page 13: The Mark System Explained
Provided conditional leave based on good conduct with revocable terms.
A significant forerunner to today's parole systems.
Page 14: System of Grades
Three Grades:
First two involved rewards for good behavior.
Third grade allowed conditional liberty; violation resulted in return to prison.
Page 15: Walter Crofton
Noted as an Irish prison reformer; introduced the concept of parole.
Built upon Maconochie's mark system.
Page 16: Crofton's Irish System
Structure: Involved levels of control leading to parole.
Offenders could earn marks toward tickets of leave; supervision was implemented through police oversight.
Page 17: Three Grade Classification in the Irish System
Initial classification occurred upon admission; good conduct allowed for promotions.
Monthly reporting was required from parolees.
Page 18: Zebulon Brockway
Introduced parole to the U.S. at the Elmira Reformatory in 1876.
Advocated indeterminate sentencing alongside parole supervision.
Page 19: Brockway's Philosophy
Believed in the potential for reform and individualized treatment for each prisoner.
Page 20: John Howard
Recognized as the father of prison reform in the United States, while Brockway championed parole.
Page 21: Parole in the Philippines
Established by the Indeterminate Sentence Law (Act No. 4103) on December 5, 1933.
Administrative Authority: Board of Pardons and Parole.
Page 22: Indeterminate Sentence Law Explained
Requires courts to assign both minimum and maximum penalties.
Aims to rehabilitate prisoners and reduce unnecessary confinement.
Page 23: Additional Purposes of the Law
Facilitates prisoner rehabilitation under a parole officer.
Helps manage prison populations and save costs for the government.
Page 24: Coverage of Parole
General Rule: Applies to all persons convicted of specific crimes under Philippine courts.
Page 25: Key Case Law - People v. Asturias
Ruled that reclusion perpetua is synonymous with life imprisonment; parole applies only to divisible penalties.
Page 26: Ineligibility for Parole
Categories of individuals who cannot be granted parole:
Sentences of one year or less.
Straight penalties without a minimum.
Indivisible penalties.
Page 27: Exceptions to the Indeterminate Sentence Law
Situations where the Indeterminate Sentence Law does not apply, e.g., death penalty, treason, habitual delinquents.
Page 28: Continued Exceptions to Indeterminate Sentence Law
Further exclusions for escaped prisoners, those violating conditional pardons, and sentences not exceeding one year.
Page 29: Additional Disqualifications for Parole
Individuals with serious offenses, habitual delinquents, those who have violated conditions of a prior pardon, and those with pending cases.
Page 30: More Disqualifications for Parole
Exclusions for mental health issues, reclusion perpetua convictions, and serious crimes like terrorism.
Page 31: Final Categories of Disqualifications
Extended disqualifications for violent or serious crimes, habitual offenders, and those in appeal.
Page 32: Eligibility Criteria for Parole
Conditions that must be met for a prisoner to be eligible for parole consideration:
Must be serving an indeterminate sentence greater than one year.
Must have served the minimum sentence and exhibit potential for lawfulness if released.
Page 33: Rule for Parole Case Review
Inmate eligibility based on factors including final conviction and absence of pending cases; conditions of imprisonment apply.
Page 34: Application of Indeterminate Sentence Law
Applicable to Revised Penal Code and Special Penal Laws.
Page 35: Deriving Maximum Indeterminate Sentence
Procedures for determining the maximum penal term based on aggravating and mitigating factors.
Page 36: Adjusting Minimum Sentence
Minimum sentence derivation excludes aggravating concerns unless privileged circumstances are present.
Page 37: Application of Special Penal Laws
Rules related to maximum and minimum terms as per special laws; flexibility in the indeterminate sentencing process.
Page 38: Special Law Guidelines
Special laws dictate penalty limits; circumstances do not necessarily apply unless specified.
Page 39: Example Case Study
Case Summary: Adam's involvement in a fatal dispute leading to a homicide charge under Article 249 of the RPC and consideration for minimum sentence.
Page 40: Continuation of Example
Detailed circumstances of Adam's case for moral and legal context; exploring required minimum sentencing for parole eligibility.
Page 41: Filing of Parole Petition
Petition Requirements: Addressed to Board's Chair/E.D. Must include detailed data about the prisoner and grounds for clemency.
Page 42: Contents of Parole Petition
Specific information required, including background and legal circumstances of the individual prisoner.
Page 43: Grant of Parole
Board Responsibility: Parole granted with a finding of reasonable probability of lawful behavior post-release.
Page 44: National Prisoner Confined in Local Jail
Limits on national prisoners serving sentences in local jails unless conditions justify this confinement.
Page 45: Definitions of National Prisoners
Clarifies who qualifies as a national prisoner and circumstances under which parole eligibility is assessed.
Page 46: Parole for Aliens
Guidelines for granting parole to alien prisoners; procedures for disposition managed by the Bureau of Immigration.
Page 47: Publication of Eligible Prisoners
Mandated publication of names of prisoners eligible for clemency or parole for public awareness and transparency.
Page 48: Parole Supervision
Requires supervision by a Probation and Parole Officer aimed at guiding rehabilitation after release.
Page 49: Board Action and Protocol
Board actions require majority votes; details on recommendations for grants, arrests, and discharge certifications.
Page 50: Board Meeting Minutes
Documenting votes and reasons for decisions helps maintain transparency and accountability in the process.
Page 51: Release Document Definition
Official documentation issued for the release of a prisoner under parole.
Page 52: Release Document Specifications
Must include personal information of the prisoner and be transmitted properly to relevant authorities.
Page 53: Parole Application Flowchart
The process for parole applications from petition to board interview.
Page 54: Additional Flowchart Steps
Continued flow of actions involving objections, publication, and recommendation processes.
Page 55: Violations and Revocation Processes
Outline of actions taken if parole conditions are violated, including violations reports and potential arrests.
Page 56: Initial Reporting Requirements
Obligations of parolees to report themselves to the assigned officer within specified time frames.
Page 57: Arrival Reporting Duties
Expected reporting details by the Parole Officer to ensure compliance and accountability.
Page 58: Summary Report Responsibilities
This report captures the conduct of the parolee during the supervisory period; important for final discharge checks.
Page 59: Violation Report Details
Clear definitions for various reports related to infractions and subsequent judicial considerations.
Page 60: Arrest Procedures for Violations
Process for arresting or recommitting clients based on infraction reports.
Page 61: Conditions for Residence Transfers
Mandatory approvals required for parolee's change of residence, ensuring tracking and supervision.
Page 62: Travel Permissions
Outlining protocols and authorizations required for parolees to travel outside their jurisdiction.
Page 63: Board Oversight
Different responsibilities of the Board and its officials in managing parole applications and conditions.
Page 64: Overseas Work or Travel Process
Preconditions for parolees to apply for international opportunities, subject to oversight by the Board.
Page 65: Client Death Protocols
Required actions upon the death of a client during supervision; documentation necessities.
Page 66: Sanctions for Parole Violation
Overview of penalties for violating parole conditions, including incarceration for the unserved portion.
Page 67: Review and Modification Conditions
Enforcements to uphold compliance while providing avenues for adjustment of conditions if warranted.
Page 68: Recommitment Effect
Recommitted clients must complete the unexpired duration originally designated for their sentence.
Page 69: Cancellation of Parole
Grounds on which the Board may revoke or cancel parole privileges based on misrepresented facts.
Page 70: Review of Recommitted Parolee Cases
Conditions under which recommitted parolees may be considered for new parole applications.
Page 71: Final Release and Discharge Certificate
Guidelines for issuing certificates upon meeting regulatory expectations of parole compliance.
Page 72: Entitlement for Final Release
Criteria determining if a prisoner is lawfully discharged after surveillance period.
Page 73: Effect of Release Document Issuance
Immediate impact of the release certificate on the parolee's legal and supervisory obligations.
Page 74: Document Transmittal Procedures
Details on the distribution of the final release documents to various authorities for legal compliance.
Presenter Information
Name: Reynaldo M. Esmeralda, RCrim., MSCrim., JDDate: 10/30/2024
Parole Process Overview
Processes: Petition, review by BJMP and BUCOR, investigation, grant/denial by BPP, monitoring, violations, revocation, arrests, early discharge.
Roles: Parole officer, victim/complainant.
Definition of Parole
Parole: Conditional release after serving part of a sentence, granted by the BPP.
Minimum Sentence: Must serve the minimum imposable penalty.
Origin of Parole
Etymology: From the French word "parol" (voice).
Historical Roots: Based on promises of honor for prisoner releases.
Justifications of Parole
Rewards for good conduct, post-release supervision, release from indeterminate sentences, and cost reduction.
Protocol for Release on Parole
Criteria: Minimum penalty served, deemed fit, probability of lawful behavior, compatibility with societal welfare.
Parole vs. Probation
Parole: For those who served prison time, supervised by the executive branch.
Probation: For those who may not have served time, supervised by courts.
Key Historical Figures
Alexander Maconochie: Developed early parole system in 1840; Father of Modern Penology.
Walter Crofton: Introduced the concept of parole in Ireland based on Maconochie's system.
Zebulon Brockway: Brought parole to the U.S. in 1876; advocated for indeterminate sentencing.
Parole in the Philippines
Established by Indeterminate Sentence Law (Act No. 4103) on Dec 5, 1933.
Ineligibility: Categories include sentences of one year or less, indivisible penalties, serious offenses.
Parole Application and Revocation
Petition: Must be detailed; requires board review.
Revocation: Driven by violations, with set procedures for addressing and documenting infractions.
Final Release Guidelines
Release certificates issued after compliance; significance documented for legal purposes.
Presenter Information
Name: Reynaldo M. Esmeralda, RCrim., MSCrim., JDDate: 10/30/2024
Parole Process Overview
Processes: Petition, review by BJMP and BUCOR, investigation, grant/denial by BPP, monitoring, violations, revocation, arrests, early discharge.
Roles: Parole officer, victim/complainant.
Definition of Parole
Parole: Conditional release after serving part of a sentence, granted by the BPP.
Minimum Sentence: Must serve the minimum imposable penalty.
Origin of Parole
Etymology: From the French word "parol" (voice).
Historical Roots: Based on promises of honor for prisoner releases.
Justifications of Parole
Rewards for good conduct, post-release supervision, release from indeterminate sentences, and cost reduction.
Protocol for Release on Parole
Criteria: Minimum penalty served, deemed fit, probability of lawful behavior, compatibility with societal welfare.
Parole vs. Probation
Parole: For those who served prison time, supervised by the executive branch.
Probation: For those who may not have served time, supervised by courts.
Key Historical Figures
Alexander Maconochie: Developed early parole system in 1840; Father of Modern Penology.
Walter Crofton: Introduced the concept of parole in Ireland based on Maconochie's system.
Zebulon Brockway: Brought parole to the U.S. in 1876; advocated for indeterminate sentencing.
Parole in the Philippines
Established by Indeterminate Sentence Law (Act No. 4103) on Dec 5, 1933.
Ineligibility: Categories include sentences of one year or less, indivisible penalties, serious offenses.
Parole Application and Revocation
Petition: Must be detailed; requires board review.
Revocation: Driven by violations, with set procedures for addressing and documenting infractions.
Final Release Guidelines
Release certificates issued after compliance; significance documented for legal purposes.
Presenter Information
Name: Reynaldo M. Esmeralda, RCrim., MSCrim., JDDate: 10/30/2024
Parole Process Overview
Processes: Petition, review by BJMP and BUCOR, investigation, grant/denial by BPP, monitoring, violations, revocation, arrests, early discharge.
Roles: Parole officer, victim/complainant.
Definition of Parole
Parole: Conditional release after serving part of a sentence, granted by the BPP.
Minimum Sentence: Must serve the minimum imposable penalty.
Origin of Parole
Etymology: From the French word "parol" (voice).
Historical Roots: Based on promises of honor for prisoner releases.
Justifications of Parole
Rewards for good conduct, post-release supervision, release from indeterminate sentences, and cost reduction.
Protocol for Release on Parole
Criteria: Minimum penalty served, deemed fit, probability of lawful behavior, compatibility with societal welfare.
Parole vs. Probation
Parole: For those who served prison time, supervised by the executive branch.
Probation: For those who may not have served time, supervised by courts.
Key Historical Figures
Alexander Maconochie: Developed early parole system in 1840; Father of Modern Penology.
Walter Crofton: Introduced the concept of parole in Ireland based on Maconochie's system.
Zebulon Brockway: Brought parole to the U.S. in 1876; advocated for indeterminate sentencing.
Parole in the Philippines
Established by Indeterminate Sentence Law (Act No. 4103) on Dec 5, 1933.
Ineligibility: Categories include sentences of one year or less, indivisible penalties, serious offenses.
Parole Application and Revocation
Petition: Must be detailed; requires board review.
Revocation: Driven by violations, with set procedures for addressing and documenting infractions.
Final Release Guidelines
Release certificates issued after compliance; significance documented for legal purposes.
Aggravating Factors: These are circumstances that increase the severity or culpability of a crime and can lead to longer sentences. Examples include:
Previous criminal record
Use of violence or weapons during the crime
Harm caused to victims
Committing the crime in a particularly cruel or heinous manner
Mitigating Factors: These are circumstances that may decrease the severity of a sentence or the culpability of the offender. Examples include:
Lack of prior criminal history
Mental illness or diminished capacity
The offender's age (for instance, being a minor)
Acts of remorse or cooperation with authorities
Situational context, like being compelled to commit the crime under duress.