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NON-INSTITUTIONAL CORRECTIONS

Introduction

Non-institutional corrections refer to methods of correcting sentenced offenders that allow them to remain in the community instead of being confined in prison. This includes various community-based treatment programs aimed at rehabilitating offenders within the free community as alternatives to confinement. These correctional activities are designed to help offenders reintegrate into society as law-abiding citizens.

COMMUNITY-BASED CORRECTIONS

Definition

Community-based corrections are programs intended to treat criminal offenders outside of prison settings, providing treatment and rehabilitation in the offender's own community. The primary goal is to facilitate law-abiding behavior and reintegration into societal norms.

ADVANTAGES OF COMMUNITY-BASED CORRECTIONS

  1. Family Support: Family members of the convict are not victimized by the imprisonment and can continue to receive financial support and emotional presence from the convict, especially important for children.
  2. Effectiveness of Rehabilitation: Rehabilitation can be more effective since convicts are not exposed to hardened criminals in prison who might reinforce criminal behavior.
  3. Community Monitoring: The rehabilitation process can effectively be monitored by the community, allowing for timely interventions and adjustments to rehabilitation efforts.
  4. Cost Savings: Eliminating the costs associated with incarceration, including salaries, benefits, and related overhead expenses, can be a significant financial benefit for governments struggling with tight budgets.

TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS

  1. Probation: A legal disposition requiring a defendant, after conviction and sentence, to undergo a period of supervision without imprisonment. Involves alternatives to formal court proceedings like diversion or community-based programs.
  2. Indeterminate Sentence Law / Parole Program: Allows convicted felons to be eligible for release on parole after serving a minimum term of their sentence.
  3. Executive Clemency: The Chief Executive's power to grant amnesty, commutation, pardon, or reprieve to convicted prisoners, often under court supervision.
  4. Restorative Justice Program: Programs under RA 9344 specific to Children in Conflict with the Law (CICL).

AGENCIES CONCERNED WITH NON-INSTITUTIONAL CORRECTIONS

  • Parole and Probation Administration (PPA): Provides services for Children in Conflict with the Law (CICL), supervised by an administrator.
      - Responsible for overseeing probationers, parolees, and conditional pardonees.
      - Historical note: Hon. Teodulo Natividad was the first Administrator.

  • Board of Pardons and Parole (BPP): Chaired by the DOJ Undersecretary, this board is responsible for granting parole and recommending executive clemency.

  • Department of Social Welfare and Development (DSWD): Oversees several acts related to juvenile justice.

PROBATION

Definition

Probation is derived from the Latin word "probare," meaning to prove or test. During this period, the defendant is permitted to remain in the community, subject to control and supervision by the court and a probation officer. This procedure allows for the temporary suspension of the offender's sentence.

FORERUNNERS OF PROBATION

  1. Judicial Reprieve: Offered a chance to seek clemency under favorable personal circumstances, allowing offenders a chance to avoid punishment.
  2. Benefit of Clergy: Allowed clergy members to be tried in ecclesiastical rather than secular courts, emphasizing their special status under the law.
  3. Recognizance: Obligation to keep peace and behave well, often tied to probation's foundations.
  4. Transportation: Historical practice of banishing offenders sent to colonies, which provided forced labor while keeping society safe.

HISTORICAL DEVELOPMENT OF PROBATION

  • In England: The origin of probation; Mathew Davenport Hill is recognized as the father of probation in England.
  • In the USA: The first state to enact probation law was Massachusetts in 1878, marking the practical implementation of probation. John Augustus is referred to as the True Probation Officer in the USA, having pioneered efforts in Boston to provide non-custodial sentences. He helped bail out numerous offenders over his 18-year voluntary service.

HISTORY OF PROBATION IN THE PHILIPPINES

  • Act No. 4221 (1935): Created probation offices under the Department of Justice, allowing probation for first-time offenders aged 18 and over.
  • This act was deemed unconstitutional (PEOPLE VS. VERA) due to concerns over delegation of powers.
  • 1976: Presidential Decree No. 968 established a new adult probation law.
  • Amendatory Laws: Include PD 1257, BP 76, and PD 1990 that adjusted application processes and definitions related to probation.

LEGAL DEFINITIONS IN PROBATION Law

  • Probation: Granting permission for a convicted individual to remain in the community with supervision rather than serving time in prison.
  • Probationer: An individual under probation supervision.
  • Probation Officer: Individuals designated to supervise probationers and investigate cases for the court.
  • Petitioner: A convicted individual applying for probation.
  • Absconding Petitioner: Those who fail to report to probation services as required.

POLICY OBJECTIVES AND DECLARED PURPOSES OF THE PROBATION RULES

  • To promote correction and rehabilitation by providing individualized community-based treatment.
  • To reintegrate the offender into the community and prevent re-offense.

APPLICATION FOR PROBATION

Eligible Offenders

Individuals convicted of a crime and sentenced who are not disqualified by law may apply for probation.

Disqualified Offenders (as per PD 968 and RA 10707)

A. Individuals sentenced to more than six years, those convicted of national security crimes, repeat offenders within specific timeframes, among others. Specific exceptions exist for various offenses categorized under different laws.

PETITION FOR PROBATION

Filing Requirements

Application for probation should be submitted no later than fifteen days after the conviction and sentence is finalized.

Appeal Cases

If a conviction is appealed and modified to a sentence eligible for probation, the individual may apply for probation within fifteen days of receiving notice of the modification.

PROBATION ORDER

Nature of Probation

Probation is a privilege granted by the state and is under the discretion of the Trial Court. The execution of the sentence is suspended until the conditions of probation are violated.

PROBATION SUPERVISION

Probation Officers Responsibilities

Probation Officers manage the supervision of offenders under probation and conduct necessary investigations regarding their behavior and compliance.

VIOLATIONS OF PROBATION

Consequences: If a probationer fails to fulfill conditions or commits a new offense, they may face consequences including arrest, court hearings, and potential revocation of probation.

EARLY TERMINATION OF PROBATION

Eligibility factors include severe physical disabilities, necessity for public service, and compliance with general conduct during probation.

EXECUTIVE CLEMENCY

Definition and Forms

Clemency is an act of mercy granted by the President, which can take forms such as pardon, commutation of sentence, reprieve, or amnesty, with each having specific implications for the individual's legal standing.

CONSTITUTIONAL BASIS

Article VII, Section 19 of the 1987 Philippine Constitution grants the President authority for reprieves, commutations, pardons, and remitting fines after conviction.

KEY DISTINCTIONS BETWEEN PROBATION AND PAROLE

  • Probation: Judicial function granted prior to imprisonment; supervised by probation officers under court directives.
  • Parole: Administrative function that follows a prison sentence, allowing supervised release back into the community.

SUMMARY

These notes encapsulate the various aspects of non-institutional corrections, community-based corrections, the history of probation both in the USA and the Philippines, along with definitions, policies, and procedures involved in probation applications and administration. The distinction between probation and parole is also crucial for understanding the correctional system.