CHAPTER 1

INTRODUCTION TO CORRECTION

-- Valde
Correction as component of Criminal Justice
System

 For Criminal Justice System purposes, the term

correction, corrections and correctional, are words
describing a variety of functions typically carried out
by government agencies, and involving the punishment,
treatment, and supervision of persons who have been
convicted of crimes, these functions commonly given
through institutional and non-institutional approaches.
 A correctional system, also known as
a penal system, thus refers to a network
of agencies that functions related to
rehabilitating convicted persons through
either institution-based or community-
based corrections.
 The terminology change in US academia from “Penology”
to “ Corrections” occured in the 1950s and 1960s, and it
was driven by a new philosophy emphasizing rehabilitation.

 The philosophical view on offenders' treatment took an

opposite turn in the 1980s, when the “get tough”
program was labeled by academics as “The New
Penology”.
 Correction is a branch of administration of criminal justice
responsible for correction and rehabilitation of those
persons, who are after observance of due process, was
found violated penal law by competent judicial authority.

 The ultimate goal of Correction is to reform and

rehabilitate convicted individuals and restore them in
their prior status before the commission of the crime,
as law abiding citizen.
The Historical Old
Bilibid Prison in the
heart of Manila.

The present site is

now being utilize by
the bureau of jail
management and
penology as manila
city jail.
The New Bilibid Prison
CORRECTION DEFINED

 Is that branch of the administration of criminal

justice charged with the responsibility for the
custody,supervision and rehabilitation of those who
judicially found violated the criminal law.

It is in a view of reorientation or re-instruction of

the individual with a purpose of preventing a repitition
of the unlawful activities without necessity of taking
punitive action.
TWO APPROACHES OF CORRECTION

1.INSTITUTIONAL CORRECTION ( Institution-based Correction)

 rehabilitation or correctional programs

take place inside correctional facilities or
institutions such as national penitentiaries
and jails.
 2. NON-INSTITUTIONAL CORRECTION
( Community-based Correction)

 rehabilitation or correctional programs take

place within the community.

 this is otherwise refers to as community-based

correction. Is this approach the convict will not
be placed or be released from correctional
facility or jails.
2.1 COMMUNITY-BASED CORRECTION PROGRAMS

A.PROBATION

 Is a disposition, under which an accused after

conviction and sentence, is released subject to the
conditions imposed by the court and to the supervision
of a probation officer.
 B. PAROLE

A condition release from prison of a convicted person upon

service of the minimum of his indeterminate penalty.

C. PARDON

 A form of executive clemency which is exercise exclusively by

the Chief Executive. Pardon maybe given conditionally
(conditinal pardon) or unconditionally (absolute pardon). For
the purpose of non-institutional correction, it is the
Conditional Pardon with parol conditions is under
consideration.
Agencies of the government charged with correctional
responsibility

1.Bureau of Correction ( BuCor)

1.Bureau of Jail Management and Penology (BJMP)
2.Board of Pardons and Parole (BPP)
3.Parole and Probation Administration (PPA)
4.Provincial and Sub-provincial Jail

NOTE:
It should be remembered that adult criminal justice
system is not applicable to minors instead it should be
Juvenile System under the R.A. 9344 as ammended.
 IMPRISONMENT

 Imprisonment is the commitment to an institution,

commitment to prison, confinement, custody, detainment,
detainment in custody, held in captivity, held in restraint, in
captivity, in custody, in jail, incarceration, internment, keep
behind bars, kept as captive, kept in captivity, kept in custody,
kept in detention, kept under arrest, locked up, put behind
bars, put in a cell, put under restraint, sent to jail, sent to
prison.
CONSTITUTIONAL LIMITATION OF THE GOVERMENT TO
PUNISH CRIMINALS

LEGAL RIGHTS AGAINST UNLAWFUL

IMPRISONMENT OR DETENTION

One of the most protected rights of an individual is his

right to liberty this is expressly provided for under 1987
Constitution, which states, “No person maybe deprived of
lives, LIBERTY and property without due process of law.
DIFFERENCE BETWEEN ARBITRARY DETENTION AND
ILLEGAL DETENTION

ARBITRARY ILLEGAL DETENTION

DETENTION ARTICLE 267-268, RPC
ARTICLE 124 , RPC
Unlawful detention of a Unlawful detention of a
person commited by person commited by
public officers or private person.
officials.
NOTES:

Arbitrary detention under Article 124 of the Revised

Penal Code should be further differentiated from delay
in delivery of detained person to proper judicial authority
under Article 125 of the same Code.

In Arbitrary detention, it is sufficient that a public

officer or employee, without legal grounds, detains a
person. Hence, an important element is detention without
any legal ground.
 In delay delivery of detain person to proper judicial
authorities the detention is with some legal ground
however, it becomes unlawful only when the public officer
or employee shall fail to deliver such person to proper
judicial authority within the period prescribed by Article
125 a Revised Penal Code.
The priscribed periods under Article 125 us follows:

1. 12 hours for crimes or offenses punishable by light penalties;

2. 18 hours for crimes or offenses punishable by correctional

penalties;

3. 36 hours for crimes or offenses punishable by afflicted or

capital penalty, or their equivalent.

Unlawful Arrest underArticle 269, Elements:

1.That the offender arrests or detains another person;

2. That the purpose of the offender is to deliver him to

the proper authorities, and

3. That the arrest or detention is not authorized by law

or there is not reasonable ground thereof.
CONSIDERED LEGAL GROUNDS FOR DETENTION
OF ANY PERSON

1. Commission of the crime.

2. Violent insanity or any other ailments requiring

compulsory confinement in the hospital.

NOTE:
Under the government exercise of police power, those
person who are infected of contagious diseases may likewise
be separeted to the rest of the population.
 INMATE DEFINED

Inmate is a person committed to jail or prison by the competent

court or authority for any of the following reasons:

1. To serve a sentence after conviction

2. Under trial

3. Under investagation
NOTES:

• The court is said to be competent when it has the

jurisdiction to try and decide a particular case.

• Requisites for valid exercise of Criminal Jurisdiction

A. There must be a jurisdiction over the subject matter;

B. There must be a jurisdiction over the territory; and

C. There must be a jurisdiction over the person of the

accused
• Aside from courts , there are other
authorities that can commit a person to jail
like Boards and Commission and even police
authorities within limited periods.
GENERAL CATEGORY OF INMATES

1. Sentenced Prisoners (prisoner)

 Are persons who are convicted by final judgment of
the crime charged against them.

2.Detention Prisoner (Detainee)

Are persons who are detained for the violation of law
or ordinance and has not yet been convicted; and
 3. Persons held for investagation or safekeeping

NOTE:

• Safekeeping
 Is the temporary custody of a persons or detention
of a person for his own protection or care, to secure
from liability to harm, injury or danger.
 When Judgment of Conviction in Criminal Case
Becomes Final

• After the lapse of the period for perfecting an appeal which

is fifteen (15) days;

• When the sentence has been partially or totally satisfied or

served;

• When the accused expressly waives in writing his right to

appeal;

• When the accused applies for probation.

 CLASSIFICATION OF SENTENCED
PRISONERS

1. INSULAR PRISONER

 Is a person who is sentenced to serve a

prison term of over three (3) years and it
is also known as National Prisoner.
2. PROVINCIAL PRISONER

 one who is sentenced to a prison term of six (6)

months and one (1) day to three (3) years.

3. CITY PRISONER

 is a person who is sentenced to serve a prison

term of one (1) day to three (3) years.
4. MUNICIPAL PRISONER

 is a person who is sentenced to serve a prison

term of one (1) day to six (6) months.

NOTE:

• The classification enumerated above is based on

the duration of imprisonment of the convicted
person.
INMATE SECURITY CLASSIFICATION

The inmate's security classification utilize by the

BJMP is different from what is being use by the BuCor.

BJMP CLASSIFICATION BuCor CLASSIFICTION

1. High risk inmates 1. Super

2. High profile inmates 2. Maximum

3. Ordinary inmates 3. Medium

4.Minimum
SUGGESTED ALTERNATIVES FOR DETENTION AND
IMPRISONMENTS

1. Wider use of bail and other approved methods of

released from custody.

2. Elimination from the jail and prison of those who

should be elsewhere like those mentally-ill and juveniles.

3. Payment of fines instead of imprisonment if penal law

permits.
4. Executive use of Community-based Correction
approaches like Probation, Parole and Conditional Pardon.

5. Used of the delayed sentenced. This is a procedure,

which permits an incarcerated inmate to pursue his
normal job during the week and return to the jail or
prison facility to serve sentence during non-working
hours. In the Philippines, delayed sentenced is not being
applied.
That ends my report

now signing off