Therapeutic modalities

 Human Rights
 Those rights, which are inherent in our nature and without which, we cannot live
as human beings.
 It allows us to develop and use our human qualities, intelligence, talents and
conscience and to satisfy our spiritual and other needs. Supreme, inherent and
inalienable rights to life, dignity, and self-development. The essence of these
rights makes man human.
 Basic Characteristics of Human Rights:
 1. Inherent- Not granted by any person or authority.
 2. Fundamental- without them, the life and dignity of man will be meaningless.
 3. Inalienable- cannot be rightfully taken away from a free individual. Cannot be
given away or be forfeited.
 4. Imprescriptible- cannot be lost even if man fails to use or assert them, even by
a long passage of time.
 5. Indivisible- Not capable of being divided. Cannot be denied even when other
rights have already been enjoyed.
 6. Universal- It applies irrespective of one's origin, status, or condition or place
where one lives. Rights can be enforced without national border.
 7. Interdependent- The fulfillment or exercise of one cannot be had without the
realization of the other.
 Classification of Rights:
 1. Natural Rights- God-given rights, acknowledged by everybody to be morally
good. Unwritten, but prevail as norms of the society.
 2. Constitutional Rights- Conferred and protected by the constitution and which
cannot be modified or taken away by the law-making body. 
 3. Statutory Rights- Those rights which are provided by law promulgated by the
law-making body. May be abolished by the body that created them.
 Stages of Human Rights
 (1). Idealization - Notions about human rights start in the realm of ideas that
reflect a consciousness against oppression or inadequate performance of the State.
 (2). Positivization - Where the support for the ideas become 23strong, and thus
incorporate them into legal instruments.
 (3). Realization - When these rights are already being enjoyed by the citizens by
the transformation of the social, economic, and political order.
Sources of human rights

 The 1987 Constitution 

 International Bill of Rights
 Universal Declaration of Human Rights (UDHR)
 International Covenant on Civil and Political Rights (ICCPR)

 CIVIL AND POLITICAL RIGHTS 

 Bill of Rights in the 1987 Constitution 
 RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION
 Custodial Rights of a Person
 Section 12, Article III of the 1987 Constitution
 Sec. 12: (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be waived except in writing and in the
presence of counsel.
 (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado or
other similar forms of detention are prohibited.
 (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence.
 (4) The law shall provide for penal and civil sanctions for violations of this section as well
as compensation to and rehabilitation of victims of torture or similar practices, and their
families.
 Custodial Investigation is any questioning by law enforcement after a person has
been taken into custody or otherwise deprived of his freedom of action in any
significant way. It refers to the investigation conducted by law enforcement
immediately after arrest for the commission of an offense. It begins when a person
has been arrested and brought to the custody of law enforcers in which suspicion
is focused on him in particular and questions are asked from him (the suspect) to
elicit admissions or information on the commission of an offense.
 What are the rights of a person during custodial investigation?
 The right to be informed of his rights 
 -i.e. the reading of the Miranda Doctrine or custodial rights by police during his
arrest. This carries the correlative obligation on the part of the investigator to
explain and contemplates effective communication which results in the subject
understanding what is conveyed. 
 The right to remain silent and to be reminded that anything he says can and will
be used against him
 -This refers not only to verbal confessions but also to acts. However, mechanical
acts that does not require the use of intelligence (such as providing DNA samples)
or to answers to general questions are not protected under this right.
 The right to an attorney or to counsel, preferably of his own choice; if not, one
will be provided for him
 - This right is absolute and applies even if the accused himself is a lawyer. The
right is more particularly the right to independent and competent. An independent
counsel is one not hampered with any conflicts of interest, and a competent
counsel is one who is vigilant in protecting the rights of an accused.
 Right against torture, force, violence, threat, intimidation or any other means
which vitiate the free will of the person
 Right against secret detention places, solitary, incommunicado, or other similar
forms of detention
 Any confession or admission obtained from the person arrested in violation of
these rights are inadmissible in evidence and cannot be used against said person.
This is called the Exclusionary Rule, i.e. it is excluded from the evidence to be
considered by the court during trial. Such confession or admission is tainted and
must be suppressed under the "Fruit of the Poisonous Tree" Doctrine. 
 Republic Act No. 7438
 AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS
THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF
 (a) Any person arrested detained or under custodial investigation shall at all times
be assisted by counsel.
 (b) Any public officer or employee, or anyone acting under his order or his place,
who arrests, detains or investigates any person for the commission of an offense
shall inform the latter, in a language known to and understood by him, of his
rights to remain silent and to have competent and independent counsel, preferably
of his own choice, who shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation. If such person cannot
afford the services of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.
 (c)The custodial investigation report shall be reduced to writing by the
investigating officer, provided that before such report is signed, or thumb marked
if the person arrested or detained does not know how to read and write, it shall be
read and adequately explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise, such investigation report shall be null and
void and of no effect whatsoever.
 (d) Any extrajudicial confession made by a person arrested, detained or under
custodial investigation shall be in writing and signed by such person in the
presence of his counsel or in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial confession
shall be inadmissible as evidence in any proceeding.
 (e) Any waiver by a person arrested or detained under the provisions of Article
125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel; otherwise the
waiver shall be null and void and of no effect.
 (f) Any person arrested or detained or under custodial investigation shall be
allowed visits by or conferences with any member of his immediate family, or any
medical doctor or priest or religious minister chosen by him or by any member of
his immediate family or by his counsel, or by any national non-governmental
organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the
President. The person's "immediate family" shall include his or her spouse,
fiancé? or fiancée, parent or child, brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece, and guardian or ward.
 (The Nelson Mandela Rules) 
 RULES OF GENERAL APPLICATION
 Rule 1 All prisoners shall be treated with the respect due to their inherent dignity
and value as human beings. No prisoner shall be subjected to, and all prisoners
shall be protected from, torture and other cruel, inhuman or degrading treatment
or punishment, for which no circumstances whatsoever may be invoked as a
justification. The safety and security of prisoners, staff, service providers and
visitors shall be ensured at all times.
 Rule 2 The present rules shall be applied impartially. There shall be no
discrimination on the grounds of race, color, sex, language, religion political or
other opinion, national or social origin, property, birth or any other status. The
religious beliefs and moral precepts of prisoners shall be respected.
 Rule 3 Imprisonment and other measures that result in cutting off persons from
the outside world are afflictive by the very fact of taking from these persons the
right of self-determination by depriving them of their liberty.
 Rule 4 The purposes of a sentence of imprisonment or similar measures
deprivative of a person's liberty are primarily to protect society against crime and
to reduce recidivism. Those purposes can be achieved only if the period of
imprisonment is used to ensure, so far as possible, the reintegration of such
persons into society upon release so that they can lead a law-abiding and self-
supporting life.
 Rule 5 The prison regime should seek to minimize any differences between prison
life and life at liberty that tend to lessen the responsibility of the prisoners or the
respect due to their dignity as human beings
 Prisoner File Management
 Rule 6 There shall be a standardized prisoner file management system in every
place where persons are imprisoned. Such a system may be an electronic database
of records or a registration book with numbered and signed pages. Procedures
shall be in place to ensure a secure audit trail and to prevent unauthorized access
to or modification of any information contained in the system.
 Rule 7 No person shall be received in a prison without a valid commitment order.
 Rule 8 Prisoner's personal information shall be entered in the prisoner file
management system in the course of imprisonment.
 Rule 9 All records referred to in rules 7 and 8 shall be kept confidential and made
available only to those whose professional responsibilities require access to such
records. Every prisoner shall be granted access to the records pertaining to him or
her, subject to redactions authorized under domestic legislation, and shall be
entitled to receive an official copy of such records upon his or her release.
 Rule 10 Prisoner file management systems shall also be used to generate reliable
data about trends relating to and characteristics of the prison population, including
occupancy rates, in order to create a basis for evidence-based decision-making.
 Separation of Categories
 Rule 11 The different categories of prisoners shall be kept in separate institutions
or parts of institutions, taking account of their sex, age, criminal record, the legal
reason for their detention and the necessities of their treatment. 
 Accommodation
 Rule 12 Where sleeping accommodation is in individual cells or rooms, each
prisoner shall occupy by night a cell or room by himself or herself. If for special
reasons, such as temporary overcrowding, it becomes necessary for the central
prison administration to make an exception to this rule, it is not desirable to have
two prisoners in a cell or room. 
 Rule 13 All accommodation provided for the use of prisoners and in particular all
sleeping accommodation shall meet all requirements of health, due regard being
paid to climatic conditions and particularly to cubic content of air, minimum floor
space, lighting, heating and ventilation. 
 Rule 14 In all places where prisoners are required to live or work:
 (a) The windows shall be large enough to enable the prisoners to read or work by
natural light and shall be so constructed that they can allow the entrance of fresh
air whether or not there is artificial ventilation; 
 (b) Artificial light shall be provided sufficient for the prisoners to read or work
without injury to eyesight. 
 Rule 15 The sanitary installations shall be adequate to enable every prisoner to
comply with the needs of nature when necessary and in a clean and decent
manner.
 Rule 16 Adequate bathing and shower installations shall be provided so that every
prisoner can, and may be required to, have a bath or shower, at a temperature
suitable to the climate, as frequently as necessary for general hygiene according to
season and geographical region, but at least once a week in a temperate climate.
 Rule 17 All parts of a prison regularly used by prisoners shall be properly
maintained and kept scrupulously clean at all times.
 Personal Hygiene 
 Rule 18 Prisoners shall be required to keep their persons clean, and to this end they
shall be provided with water and with such toilet articles as are necessary for health
and cleanliness.
 Clothing and Bedding
 Rule 19 Every prisoner who is not allowed to wear his or her own clothing shall be
provided with an outfit of clothing suitable for the climate and adequate to keep him
or her in good health. Such clothing shall in no manner be degrading or humiliating.
 Rule 20 If prisoners are allowed to wear their own clothing, arrangements shall be
made on their admission to the prison to ensure that it shall be clean and fit for use.
 Rule 21 Every prisoner shall, in accordance with local or national standards, be
provided with a separate bed and with separate and sufficient bedding which shall be
clean when issued, kept in good order and changed often enough to ensure its
cleanliness. 
 Food
 Rule 22
 1. Every prisoner shall be provided by the prison administration at the usual hours
with food of nutritional value adequate for health and strength, of wholesome
quality and well prepared and served. 
 2. Drinking water shall be available to every prisoner whenever he or she needs it.
Exercise and sport 
 Rule 23 
 1. Every prisoner who is not employed in outdoor work shall have at least one
hour of suitable exercise in the open air daily if the weather permits.
 2. Young prisoners, and others of suitable age and physique, shall receive physical
and recreational training during the period of exercise. To this end, space,
installations and equipment should be provided.
 Health-Care Services
 Rule 24 The provision of health care for prisoners is a State responsibility.
Prisoners should enjoy the same standards of health care that are available in the
community, and should have access to necessary health-care services free of
charge without discrimination on the grounds of their legal status.
 Restrictions, Discipline and Sanctions 
 Rule 36 Discipline and order shall be maintained with no more restriction than is
necessary to ensure safe custody, the secure operation of the prison and a well
ordered community life. 
 Instruments of Restraint 
 Rule 47 The use of chains, irons or other instruments of restraint which are
inherently degrading or painful shall be prohibited. 
 Searches of Prisoners and Cells 
 Rule 50 The laws and regulations governing searches of prisoners and cells shall
be in accordance with obligations under international law and shall take into
account international standards and norms, keeping in mind the need to ensure
security in the prison. Searches shall be conducted in a manner that is respectful
of the inherent human dignity and privacy of the individual being searched, as
well as the principles of proportionality, legality and necessity. 
Information to and complaints by
prisoners
 Rule 54 Upon admission, every prisoner shall be promptly provided with written
information about: 
 a. The prison law and applicable prison regulations;
 b. His or her rights, including authorized methods of seeking information, access to legal
advice, including through legal aid schemes, and procedures for making requests or
complaints; 
 c. His or her obligations, including applicable disciplinary sanctions; and 
 d. All other matters necessary to enable the prisoner to adapt himself or herself to the life
of the prison.
 Contact with the outside world 
 Rule 58
 1. Prisoners shall be allowed, under necessary supervision, to communicate with
their family and friends at regular intervals: 
 (a) By corresponding in writing and using, where available, telecommunication,
electronic, digital and other means; 
 (b) By receiving visits
 Books
 Rule 64 Every prison shall have a library for the use of all categories of prisoners,
adequately stocked with both recreational and instructional books, and prisoners
shall be encouraged to make full use of it.
 Religion 
 Rule 65
 1. If the prison contains a sufficient number of prisoners of the same religion, a
qualified representative of that religion shall be appointed or approved. If the
number of prisoners justifies it and conditions permit, the arrangement should be
bon a full-time basis. 
 Retention of prisoners' property
 Rule 67 
 1. All money, valuables, clothing and other effects belonging to a prisoner which
he or she is not allowed to retain under the prison regulations shall on his or her
admission to the prison be placed in safe custody. An inventory thereof shall be
signed by the prisoner. Steps shall be taken to keep them in good condition.
 Notifications
 Rule 68 Every prisoner shall have the right, and shall be given the ability and
means, to inform immediately his or her family, or any other person designated as
a contact person, about his or her imprisonment, about his or her transfer to
another institution and about any serious illness or injury. The sharing of
prisoners' personal information shall be subject to domestic legislation.
 Investigations
 Rule 71 
 1. Notwithstanding the initiation of an internal investigation, the prison director
shall report, without delay, any custodial death, disappearance or serious injury to
a judicial or other competent authority that is independent of the prison
administration and mandated to conduct prompt, impartial and effective
investigations into the circumstances and causes of such cases. The prison
administration shall fully cooperate with that authority and ensure that all
evidence is preserved.
 Removal of Prisoners 
 Rule 73
 1. When prisoners are being removed to or from an institution, they shall be
exposed to public view as little as possible, and proper safeguards shall be
adopted to protect them from insult, curiosity and publicity in any form.
2. The transport of prisoners in conveyances with inadequate ventilation or light, or
in any way which would subject them to unnecessary physical hardship, shall be
prohibited.
3. The transport of prisoners shall be carried out at the expense of the prison
administration and equal conditions shall apply to all of them.
 Institutional Personnel 
 Rule 74 
 1. The prison administration shall provide for the careful selection of every grade
of the personnel, since it is on their integrity, humanity, professional capacity and
personal suitability for the work that the proper administration of prisons depends.
 Internal and External Inspections 
 Rule 83
 1. There shall be a twofold system for regular inspections of prisons and penal
services:
 (a) Internal or administrative inspections conducted by the central prison
administration; 
 (b) External inspections conducted by a body independent of the prison
administration, which may include competent international or regional bodies.
 2. In both cases, the objective of the inspections shall be to ensure that prisons are
managed in accordance with existing laws, regulations, policies and procedures,
with a view to bringing about the objectives of penal and corrections 01 /0
services, and that the rights of prisoners are protected. 
 RULES APPLICABLE TO SPECIAL CATEGORIES
 A. Prisoners under sentence Guiding Principles
 Rule 86 The guiding principles hereafter are intended to show the spirit in which
penal institutions should be administered and the purposes at which they should
aim, in accordance with the declaration made under preliminary observation 1 of
these rules.
 Treatment
 Rule 91 The treatment of persons sentenced to imprisonment or a similar measure
shall have as its purpose, so far as the length of the sentence permits, to establish
in them the will to lead law-abiding and self-supporting lives after their release
and to fit them to do so. The treatment shall be such as will encourage their self-
respect and develop their sense of responsibility.
 Classification and Individualization 
 Rule 93
 1. The purposes of classification shall be: 
 (a) To separate from others those prisoners who, by reason of their criminal records
or characters, are likely to exercise a bad influence; 
 (b) To divide the prisoners into classes in order to facilitate their treatment with a
view to their social rehabilitation.
 2. So far as possible, separate prisons or separate sections of a prison shall be used
for the treatment of different classes of prisoners.
 Privileges 
 Rule 95 Systems of privileges appropriate for the different classes of prisoners
and the different methods of treatment shall be established at every prison, in
order to encourage good conduct, develop a sense of responsibility and secure the
interest and cooperation of prisoners in their treatmen
 Work 
 Rule 96 
 1. Sentenced prisoners shall have the opportunity to work and/ or to actively
participate in their rehabilitation, subject to a determination of physical and
mental fitness by a physician or other qualified health-care professionals.
 Education and Recreation
 Rule 104
 1. Provision shall be made for the further education of all prisoners capable of
profiting thereby, including religious instruction in the countries where this is
possible. The education of illiterate prisoners and of young prisoners shall be
compulsory and special attention shall be paid to it by the prison administration.
 Social Relations and Aftercare
 Rule 106 Special attention shall be paid to the maintenance and improvement of
such relations between a prisoner and his or her family as are desirable in the best
interests of both.
  Prisoners with Mental Disabilities and/or Health Conditions
 Rule 109
 1. Persons who are found to be not criminally responsible, or who are later
diagnosed with severe mental disabilities and/ or health conditions, for whom
staying in prison would mean an exacerbation of their condition, shall not be
detained in prisons, and arrangements shall be made to transfer them to mental
health facilities as soon as possible. 
 C. Prisoners Under Arrest or Awaiting Trial
 Rule 111
 1. Persons arrested or imprisoned by reason of a criminal charge against them, who are
detained either in police custody or in prison custody (jail) but have not yet been tried
and sentenced, will be referred to as "untried prisoners" hereinafter in these rules. 
 2. Unconvicted prisoners are presumed to be innocent and shall be treated as such.
 3. Without prejudice to legal rules for the protection of individual liberty or prescribing
the procedure to be observed in respect of untried prisoners, these prisoners shall
benefit from a special regime which is described in the following rules in its essential
requirements only.
 D. Civil Prisoners 
 Rule 121 In countries where the law permits imprisonment for debt, or by order
of a court under any other non-criminal process, persons so imprisoned shall not
be subjected to any greater restriction or severity than is necessary to ensure safe
custody and good order. Their treatment shall be not less favorable than that of
untried prisoners, with the reservation, however, that they may possibly be
required to work.
 E. Persons Arrested or Detained Without Charge
 Rule 122 Without prejudice to the provisions of article 9 of the International
Covenant on Civil and Political Rights, persons arrested or imprisoned without
charge shall be accorded the same protection as that accorded under part I and
part II, section C, of these rules. Relevant provisions of part II, section A, of these
rules shall likewise be applicable where their application may be conducive to the
benefit of this special group of persons in custody, provided that no measures
shall be taken implying that re-education or rehabilitation is in any way
appropriate to persons not convicted of any criminal offence.
PUNISHMENT AND DIFFERENT
FORMS OF HUMAN RIGHTS
VIOLATION
 What Are Human Rights Violations?
 The Universal Declaration of Human Rights (UDHR) was established in response
to the atrocities during WWII, including the Holocaust. The document outlines the
human rights that all people are entitled to such as freedom from torture, freedom
of expression, and the right to seek asylum. When those rights aren't protected or
blatantly disregarded, they are violated. What are the types of human rights
violations? Who is responsible for preventing and addressing them?
 A state commits human rights violations either directly or indirectly.
 Violations can either be intentionally performed by the state and or come as a
result of the state failing to prevent the violation. When a state engages in human
rights violations, various actors can be involved such as police, judges,
prosecutors, government officials, and more. The violation can be physically
violent in nature, such as police brutality, while rights such as the right to a fair
trial can also be violated, where no physical violence is involved.
 The second type of violation - failure by the state to protect - occurs when there's
a conflict between individuals or groups within a society. If the state does nothing
to intervene and protect vulnerable people and groups, it's participating in the
violations. In the United States, the state failed to protect black Americans when
lynching’s frequently occurred around the country. Since many of those
responsible for the lynching’s were also state actors (like the police), this is an
example of both types of violations occurring at the same time.
 Basic Principles for the Treatment of Prisoners
 Adopted and proclaimed by General Assembly Resolution 45/111 of 14 December
1990  
 1. All prisoners shall be treated with the respect due to their inherent dignity and value
as human beings.
 2. There shall be no discrimination on the grounds of race, color, sex, language,
religion, political or other opinion, national or social origin, property, birth or other
status.
 3. It is, however, desirable to respect the religious beliefs and cultural precepts of the
group to which prisoners belong whenever local conditions so require.
 4. The responsibility of prisons for the custody of prisoners and for the protection
of society against crime shall be discharged in keeping with a State's other social
objectives and its fundamental responsibilities for promoting the wellbeing and
development of all members of society.
 5. Except for those limitations that are demonstrably necessitated by the fact of
incarceration, all prisoners shall retain the human rights and fundamental
freedoms set out in the Universal Declaration of Human Rights, and, where the
State concerned is a party, the International Covenant on Economic, Social and
Cultural Rights, and the International Covenant on Civil and Political Rights and
the Optional Protocol thereto, as well as such other rights as are set out in other
United Nations covenants.
 6. All prisoners shall have the right to take part in cultural activities and education
aimed at the full development of the human personality.
 7. Efforts addressed to the abolition of solitary confinement as a punishment, or to
the restriction of its use, should be undertaken and encouraged.
 8. Conditions shall be created enabling prisoners to undertake meaningful
remunerated employment which will facilitate their reintegration into the
country's labor market and permit them to contribute to their own financial
support and to that of their families.
 9. Prisoners shall have access to the health services available in the country
without discrimination on the grounds of their legal situation.
 10. With the participation and help of the community and social institutions, and
with due regard to the interests of victims, favorable conditions shall be created
for the reintegration of the ex-prisoner into society under the best possible
conditions.
 11. The above principles shall be applied impartially.
 Restorative Justice 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. Thus, the restorative justice process is actively participated in by the
victim, the offender, and/or any individual or community member affected by the
crime to resolve conflicts resulting from the criminal offense, often with the help
of a fair and impartial third party.
 Peacemaking Encounter 
 Peacemaking Encounter is a community-based gathering that brings the victim,
the victimized community, and the offender together. It supports the healing
process of the victims by providing a safe and controlled setting for them to meet
and speak with the offender on a confidential and strictly voluntary basis. It also
allows the offender to learn about the impact of the crime to the victim and his/her
family, and to take direct responsibility for his/her behavior, Likewise, it provides
a chance for the victim and the offender to forge a mutually acceptable plan that
addresses the harm caused by the crime.
 1. Victim/Offender Mediation - a process that provides an interested victim an
opportunity to meet face-to-face his/her offender in a secured and structured
setting or atmosphere, with the help of a trained mediator, and engage in a hoy
discussion of the past offense and its impact to his/her life.
 Conferencing - a process which involves community of people most affected by
the crime - the victim and the offender and their families, the affected community
members and trained facilitators and community strength in a restorative
discussion of issues and problems arising from an offense or coincidence which
affects community relationship and tranquility
 Circle of Support - a community directed process organized by the field office
and participated in by the clients, the Volunteer Probation Aides (VPAs) and
selected members of the community in the discussion of the offense and its impact
WHAT ARE THE OUTCOMES
OR INTERVENTIONS WHICH
CAN BE AGREED UPON
DURING THE RESTORATIVE
JUSTICE PROCESS?
 A. Restitution 
 Restitution is a process upon which the offender accepts accountability for the
financial and/or non-financial losses he/she may have caused to the victim.

B. Community Work 
 Community Work Service, whether imposed as a condition of offender's
conditional liberty or integral part of his treatment plan, should be purposely
motivated to make the offender realize that he/ she incurred an obligation to make
things right.

C. Counseling (whether individual, group or family)
 It will enhance client's interpersonal relationship and it will help him/her become
more aware of his/her shortcomings/weaknesses. This will also help him/her
overcome painful experiences that drove him/her to commit a crime/ offense. 
 DIFFERENT
THERAPEUTIC/TREATMENT
MODELS
 WHAT IS TC?
 The Therapeutic Community (TC) is an environment that helps people get help
while helping others. It is a treatment environment: the interactions of its
members are designed to be therapeutic within the context of the norms that
require for each to play the dual role of client-therapist. At a given moment, one
may be in a client role when receiving help or support from others because of a
problem behavior or when experiencing distress. At another time, the same person
assumes a therapist role when assisting or supporting another person in trouble.
HOW DOES TC LOOK LIKE?

 The operation of the community itself is the task of the residents, working under
staff supervision. Work assignments, called "job functions" are arranged in a
hierarchy, according to seniority, individual progress and productivity. These
include conducting all house services, such as cooking, cleaning, kitchen service,
minor repair, serving as apprentices and running all departments, conducting
meetings and peer encounter groups.
THERAPEUTIC COMMUNITY
MODALITY PROGRAM BY THE
BUREAU OF JAIL MANAGEMENT
AND PENOLOGY 
 PHASES OF TREATMENT
 TCMP in the BJMP set up is quite unique in the sense that inmates are in custody
while undergoing trial for their individual cases. Their length of stay is
determined by how fast is the disposition of their cases. The cases may be decided
upon after a short period of time or may last for years. Though the different
phases of treatment is observed, it cannot be fully implemented or may not be
followed as scheduled due to the uniqueness of the status of the residents.
 Phase I- Entry/Orientation Phase
 Once an inmate is committed to jail, he undergoes a series of examination to
determine his physical, social and psychological status. Upon his commitment, a
resident is placed on orientation at the Reception and Diagnostic room/
Orientation Room. In here, he is acquainted with the TC program:
 Phase II- Primary Treatment
 After proper orientation on the different TC concepts and tools, the norms and
rules of the community and the staff members, the resident is now ready to
undergo the treatment proper. He becomes a part of the community starting as a
crew member of the Housekeeping department until he gradually ascends in the
hierarchy.
 Phase III- Pre Re-entry
 Under regular circumstances, the resident is expected at this stage to have
internalized the TC values and concept to start life afresh. However, in the jail
setting where entry and release are not within the jail control, residents may not
have reached this phase of treatment before they even leave the jail facility.
 Phase IV- Re-entry 
 In the ideal setting, a resident at this stage is now ready to be released back to
society as he has demonstrated adequate self-control and discipline. The inmate is
now preparing for his life outside of jail and is focused on making himself a
productive citizen. He may start planning for job hunting and rebuilding family
ties and relationships.
 Phase V- Aftercare
 Aftercare is an outpatient program that requires clients to report twice a week to
an outreach center. They are required to attend group sessions to ensure their
adjustment to life outside jail to reduce recidivism. For clients released from jail,
they are referred to the Parole and Probation Administration and Local
Government Units for follow up and aftercare.
 STANDARD PARAMETERS FOR JAIL TCMP
 A. Physical Environment:
 The internal and external environment is comfortable, clean and welcoming.
 TC Philosophy and unwritten philosophies are visibly posted around the facility.
 Hierarchical structure and daily activities are displayed.
 There is adequate space to hold activities and rooms for specific meetings that
require privacy.
 A clean and well-maintained kitchen that complies with the sanitary standards of
BJMP.
 Provision of recreation areas both indoors and outdoors.
 The dining area is equipped with enough tables and chairs to accommodate the
inmates.
 Adequate sanitary toilets and bathrooms that provide privacy to users.
 Adequate space for sleeping and habitation that respects the individual's personal
space.
 TCMP Staff: 
 The TCMP staff has undergone proper training on TCMP
 Presence of a permanent TCMP staff to supervise the program and conduct the
various activities
 The TCMP staff will not be transferred to other jails until properly covered by
another TC trained staff 
 There is proper shift turn-over of TC trained staff on a daily basis
 TCMP staff can be utilized to handle other tasks but puts priority to TCMP 
 Regular meetings are held by staff to discuss progress, issues and concerns about
the program 
  The Therapeutic Environment -The Inmates/ Residents:
 The residents treat each other with respect at all times regardless of age, religion,
cultural diversity, etc.
 The residents practice a culture of honesty and openness in discussing thoughts
and feelings, providing and receiving feedbacks
 Confidentiality is respected and practiced 
 The residents are involved in decision making and activities of TCMP 
 The participants of TCMP are change agents among peers 
 The residents comply with the cardinal and as "watchdogs" for their peers with
erring members 
Therapeutic Community Program by
the Bureau of Corrections (BUCOR)

 the Therapeutic Community (TC) Program represents an effective,

highly structured environment with defined boundaries, both moral
and ethical. The primary goal is to foster personal growth. This is
accomplished by re-shaping an individual's behavior and attitudes
through the inmate’s community working together to help
themselves and each other, restoring self-confidence, and preparing
them for their re-integration into their families and friends as
productive members of the community.
 BEHAVIORAL MANAGEMENT
         Pre-mo-ta-pu de-h-l-g-e
 The Behavior Management is a component of Therapeutic
Community Modality Program (TCMP) that introduces the concept
and mechanics of the various shaping tools to include Morning
Meeting in order to facilitate the management of and shape the
behavior of the residents.
PRE-MORNING MEETING
 Pre-Monitoring Meeting is done early in the morning prior to the Morning
Meeting.
 to discuss the attitude of the house the previous day
  It is also where the senior members formulate solutions to the concerns discussed
and to be executed during the day
 discuss the activities to be engaged in the Morning Meeting and make sure that all
participants are ready with their corresponding parts and determine the amount of
time to be allotted for each part
 his is to make sure that everything is ironed out prior to the conduct of the
Morning Meeting such as the validation of pull-ups and other concerns
MORNING MEETING

 Morning Meeting is a daily ritual that starts the day in a TC facility. It is attended
by the whole community and lasts for an hour. It commences with the Opening
Prayer, Singing of the Philippine National Anthem and the recitation of the TC
Philosophy
 It is divided into two (2) parts namely: (1) public announcements and community
concerns and (2) community-spirit building or up rituals.
TC philosophy

 We are here because there is no refuge, finally, from ourselves. Until we have
confronted ourselves in the eyes and hearts of others, we are running. Until we
suffer them to share our secrets, we have no safety from them. Afraid to be
known, we can know neither ourselves nor others, and will be alone. Where else
but in our common ground can we find such a mirror? Here, together, we can
appear clearly to ourselves not as a giant of our dreams nor a dwarf of our fears,
but as a person, part of a whole with a share in its purpose. In this ground, we can
take root and grow, not alone, anymore, as in death, but alive to ourselves and
others. 
Tagalog
 Akoy naririto sapagkat hindi kona matakasan and aking sarili.
Hanggang hindi ako nagiging matapat sa pag puna sa aking sarili sa
mata at puso ng iba akoy tumatakbo. Hanggang hindi ko inilalahad
ang labi ng aking mga lihim, akoy walang kapayapaan sa malaking
takot na sariliy mabunyag hindi ko mauunawaan ang aking sarili at
pakatao ng iba , sa dilim mananatiling mag isa, saan pa kundi sa
piling ng katulad ko makikita and tunay na salamin, sama sama dito
sa wakas, matatanggap ko ang tunay at sariling pag katao, di ang
baliw ng aking pangarap o ang alipin ng aking takot, sa halip bilang
isang tao sakop ng sanlibutan at may bahagi sa layuning ito sa lupang
ito ako ay makapag uugat at mag susumpling dina ako muling mag
iisa tulad sa kamatadyan sa halip ay may alab ang buhay sa sarili at
sa kapwa
HIERARCHY OF BEHAVIOR
SHAPING TOOLS 
 Behavior Shaping Tools (BST) is employed to strengthen the learning process
and the practice of more adaptive behaviors within the social learning
environment. The major tools of the BST, such as the Talk to, Pull-up, dealt with,
Haircut, Learning Experience, General Meeting and Expulsion were developed as
a means to correct behaviors of the residents that violated the TC norms
 TALK TO
 A "Talk to" is an outright correction done by any member of the TC community to
another member who has done a minor infraction but is not aware of it
 PULL-UP
 A Pull-up is done as a result of lack, missed or lapses in awareness in a resident.
All the members of the community are responsible to pull-up minor infractions
done by peers. It encourages honesty, demeanor awareness and owning up to
one's mistakes. 
 DEALT WITH
 Dealt with is done when negative behaviors or infractions to the House
Rules/Norms are done for the second time of same offense by a resident.
 HAIRCUT
 Haircut is done when negative behaviors or infractions to the House Rules/Norms
in same offense are done for the third time or more or for first time grave
offenses. It is a carefully planned and structured verbal reprimand given by a Staff
with four other residents - Senior Resident, Peer, Big Brother, and Department
Head (Figure 3). The tone is more serious and can be loud, harsher and
exaggerated.
 LEARNING EXPERINCE 
 A Learning Experience (LE) is an action or activity given to a resident who was
subjected to Haircut or General Meeting who did an infraction to correct or
modify a behavior. LE may be task-oriented, written task or peer interactions.
Since TCMP is educational rather than punitive in its approach to behavioral
change, the LE should be done in a way that would remind the person of the
negative attitude he has done without compromising his human dignity.
 BANS 
 Bans are sanctions to members who commit repeatedly infractions or violation to
the Cardinal Rules by prohibiting, disallowing or limiting an activity or affiliation
to a group.

It somehow curtails some freedom of movement and association. This sanction
causes unpleasant feelings which people try to avoid hence may evoke behavioral
changes in the future. It must be applied consistently after the adverse behavior to
emphasize the negative consequences. Privileges limited should have impact but
must not limit individual ability to meet personal hygiene, nutritional and
emotional needs. A resident subjected to Bans must be first processed in a General
Meeting called for the purpose.
 GENERAL MEETING
 A repeated breach to the Cardinal Rules necessitates a General Meeting. Such
issue should be discussed with the community to point out to the violator the
negative effect the behavior had on the community. Such offense includes sexual
acting-out with a fellow resident, taking drugs and engaging in physical fight with
another resident. Other facilities include stealing or even smoking as part of the
Cardinal Rules. These behaviors pose a threat to the community because they
violate the established order and safety or the facility.
 A General Meeting is called and led by a senior member of the staff, usually the
Director of the facility. The extent of the problem is assessed to determine who
among the community members are involved in the incident. Those guilty of the
offense are asked to sit in a prospect chair. This is to arouse anxiety and
dissonance.

The Director sets the tone of the meeting and leads the community in an open
expression of opinions and feelings regarding the offense brought out into the
community. He holds the community accountable for the slip of its members as
each is considered his "brother's keeper". The Director opens the floor for
feedbacks, inviting the community for self-reflection and accountability.
 EXPULSION 
 In extreme cases, when a resident is incorrigible and becomes a threat to the
community (Instigator, initiator of jail disturbances), the Director with the
recommendation of the Disciplinary Board may transfer him/her to the nearest jail
facility with an appropriate Court Order
PSYCHOLOGICAL AND
EMOTIONAL ASPECT
introduction

 Residents who are detained are basically psychologically and emotionally

challenged. They share one thing in common, that is being incarcerated with
uncertainties as to the outcome of their individual cases. They feel isolated,
helpless and at times hopeless brought about by separation from their loved ones
and society in general and all their loved ones and society in general and all other
issues that confront them while incarcerated. Such emotional turmoil needs to be
addressed to help them bounce back and experience a life of normalcy despite
their unique situation
 Counseling is defined as a professional activity of helping individuals, groups or
communities enhance or restore their capacity for psychological, emotional and
social functioning and creating an environment favorable for the attainment of
these goals.

Pattern of Counseling Session:
 1. Introduction
2. Information gathering
 3.Discussion/ Counselor Input: 
 4. Conclusion: 
INITIAL INTERVIEW/ INTAKE
INTERVIEW 
 The intake interview in the jail setting is done by a Counselor to newly admitted
residents. The main purpose is to elicit information about the resident and provide
information about the program and what the expectations are on both parties. 
 STATIC GROUPS 
 The Static Group is a permanent group of peers and leaders that meet regularly
while the residents are in treatment. It is a sort of "home" group who provides
support for one another and to the new members of the community. This is
designed to provide a forum for self-expression and disclosure. It is usually
facilitated by senior members of the group. It focuses on group relationship and
patterns of behavior.
Duration/ Frequency: one hour/once a week
 Participants: 10-15 residents, Counselor
 PEER CONFRONTATION GROUP
 The group participants in Peer Confrontation group are selected by the staff and
group according to peers like adult members will go with the same date of entry in
the facility and same goes with the middle and young members.
 It is done in a more compassionate way where each resident tries to help one
another. Participants confront each other on what they do for themselves while in
the facility and ask how they are coping with it.
 Duration/ frequency: one hour/ twice a month
 Participants: 10-15 residents, Coordinator
 SECRETS
 Secrets are a group activity where participants are given the opportunity to unload
emotional baggage and thus experience freedom from internal psychological
conflicts.
 It promotes trust among the participants knowing that each will reveal his utmost
secrets to the group. It also aims to deepen mutual respect among the participants. 
 Duration/ frequency: 1-2 hours/ once a month 
 Participants: Staff, 10-12 residents
 ENCOUNTER GROUPS 
 The Encounter Group serves as a "safety valve" within the community which is
usually high pressured and structured. It is a forum for members of the
community to verbally express pent-up or negative emotions within a structured
and safe environment without resorting to violence or aggression and without fear
of reprisal.

 Duration/ frequency: 1- 1 1/2 hours/ once or twice a week

 Participants: Counselor, 2 co-facilitators, 8-10 residents
 Confrontation: This phase involves verbalization of concerns or honest
disclosure of emotions that has been provoked during interpersonal interactions
with another resident.
  Exploration: In this phase, all the feelings that were expressed are further
examined and explored and find out how it could have resulted in such way in
order to evoke awareness on the connection of behavior, feelings and attitude.
 Resolution and Commitment: After some realizations and attaining some
insights into their behaviors, the residents are now ready to move to the last phase
to practice new behaviors.
 WOMEN'S GROUP
 Duration/ frequency: one hour once a week/ might last for six sessions
 Participants: 8-15 residents, Counselor
 Procedure:
 1. Held once a week and run by TC personnel. It provides an opportunity for all
female residents to share and discuss their feelings on women's issues: family,
relationship, self-identity, self-image, societal role and reproductive issues.
 2. Issues to be tackled are gender specific problems and aims to help female
residents identify their challenges and needs.
 3. Residents are helped to explore and understand the relationship between
women's issues and their influences on them. It enhances self-understanding
among women.
 4. They can also help each other through mutual support and concern.
 MEN'S GROUP
 Duration/ frequency: 1 hour once a week
 Participants: 8-15 residents, counselor
 Procedure:
 1. Topics include expression of feeling, reveal of true self, dealing with feeling and
how to avoid abusive relationship, family conflicts, sexuality and sexual relationships.
 2. Group sessions enabled each of them to identify, express the feeling related to the
trauma and lessons learned from those experiences.
 3. The counselor who raised the issue will be the one to conduct it.
 MEDICATION SUPPORT GROUP
 Duration/ frequency: as long as the residents are on medication
 Participants: Residents on medications and Jail health personnel 
 Procedure:
 1. Counselor holds the group once a week who are on medical and psychiatric
medication.
 2. Group members are educated on different kinds of medical and psychiatric
problems and its effects.
 3. Sharing on the intake of medicines and its side effects of taking it.
 4. Cohesiveness is enhanced.
 5. Share and discuss how to face their difficulties, coping with the disease and
problems encountered while they are on medications.
 ANGER MANAGEMENT 
 Duration/ frequency: 1 1/2 hours for 6 weeks/as needed/curriculum based
 Participants: 10-15 residents
  Procedure:
 1. Facilitated by a counselor.
 2. Questionnaires are provided to the residents to answer how they demonstrated
their anger before they came for treatment and while in the facility and how they
go through it.
 3. Participants are selected based on interview and attitude showed while in
treatment.
 4. The group is an avenue for the residents to know their anger feelings and
acquire new knowledge and information on how to deal with their feelings on
different situation and personalities.
NTELLECTUAL AND SPIRITUAL
COMPONENTS
INTRODUCTION
 Intelligence and spirituality ultimately follow the same path. By embracing
intellect to its fullest extent, one will eventually arrive at a sense of spirituality.
Our actions are governed by intelligence; we achieve the best results when we
make the most intelligent decisions.
Intellectual Component 

 Providing worthwhile opportunities for learning/ education will facilitate

regaining their - that human being quality law-abiding and self-respect thereby
making self-realization – that being law-abiding and productive, both during their
stay in the facility and their eventual release in the society's mainstream is the real
essence and measure of development.
 MEDITATION: DISCOVERING YOUR INNER SANCTUARY
 The visualization meditation is used to help an individual establish a practice of
moving his attention within, finding his place of relaxation and peace by
contacting his inner wisdom. This experience is unique for everyone so much so
that one's experience may be different from the others.
 Duration/ frequency: 1-2 hours/ once a month
 Participants: Residents, Facilitator
 SEMINARS
 Seminars are activities in TC that provide intellectual stimulation and seek
personal involvement among the residents. It is a way of providing information,
improving the resident's speaking and writing abilities and enhancing their
listening ability so as to understand all the information being presented. 
 Duration/Frequency: 1-2 hours/ once a week
 Participants: Residents, Facilitator
 THE DEBATE
 The debate is introduced to provide the residents the opportunity to learn how to
reason ably and put together arguments in a logical manner. This is also an
exercise on how to listen and formulate ideas and demonstrate a broader
understanding of certain issues. It gives the participants certain insights on other's
opinions which may be opposite to their own.
 Duration/Frequency: 1-2 hours/ once a month
 Participants: 20-30 residents, facilitator
 GAMES: THE "GRAB BAG"
 The "Grab Bag" is a form of seminar which enhances the residents" ability to
communicate, analyze ideas and develop insights about themselves with the use
of identification with inanimate objects.
 SATURDAY NIGHT ACTIVITIES
 This activity is held every Saturday as a recreational event purposely to instill fun,
humor and entertainment after an intense and hectic week. This gives the residents
the chance to let loose and socialize. Each static group is assigned a specific task
or presentation to develop talents among the residents.
VOCATIONAL/SURVIVAL SKILLS
INTRODUCTION

 The development of vocational and survival skills starts at the beginning of

performance in job functions in the TC Community which has substantial value to
the individual. Its aim is not only to detain or confine residents but also to
challenge them to learn vocational skills for their reentry to the community.
The TCMP Hierarchical Structure
(TYPE A)
 CLASS- A TC COMMUNITY (JAIL POPULATION - 1,000 UP) 
 1. BUSINESS OFFICE DEPARTMENT - Admin 
 2. KITCHEN DEPARTMENT - Food Service Officer
 3. HOUSEKEEPING DEPARTMENT - Records 
 4. GROUNDS/ LANDSCAPING DEPARTMENT - Custodial
 5. LAUNDRY DEPARTMENT - Logistics 
 6. MAINTENANCE DEPARTMENT - Operations
 7. SPECIAL SERVICE DEPARTMENT – IWDO
 8. EXPEDITING DEPARTMENT – Paralegal/ I&I
The TCMP Hierarchical Structure
(TYPE B)
 CLASS- B TC COMMUNITY (JAIL POP 500-999)
 1. BUSINESS OFFICE DEPARTMENT – Admin
 2. KITCHEN DEPARTMENT - Food Service Officer
 3. HOUSEKEEPING/ LAUNDRY DEPARTMENT - Records
 4. GROUNDS/ LANDSCAPING/ MAINTENANCE
 DEPARTMENT - Custodial
 5. SPECIAL SERVICE DEPARTMENT - IWDO
 6. EXPEDITING DEPARTMENT - Paralegal/ l&I
The TC Hierarchical Structure (Jail
pop-1-499 TYPE C)

 CLASS- C TC COMMUNITY (JAIL POP -1-499) 

 1.BUSINESS OFFICE DEPARTMENT - Admin
 2. KITCHEN DEPARTMENT - Food Service Specialist
 3. HOUSEKEEPING/ LAUNDRY DEPARTMENT - IWDO 
 4.EXPEDITING DEPARTMENT - Paralegal/  I&I
 It is a self-help social learning treatment model used in the rehabilitation of drug
offenders and other clients with behavioral problems.
 a. rehabilitation
 b.. reformation
 c. therapeutic community
 d. non
     

Ans C
 .it is recognized as the backbone program of the BJMP for inmate development
and is being implemented in majority of the jails nationwide.
 a. education
 b. rehabilitation
 c. TCMP
 d.none

ANS C
  it is a right which are provided by law promulgated by the law- making body.
 a. constitutional right
 b. natural rights 
 c. statutory right
 d. right

Ans C
 it  is the law creating the Board of Claims under the Department of Justice
granting compensation for victims of unjust imprisonment or detention and
victims of violent crimes.
 a. PD 968
 d. RA 7309
 c. 10575
 d. RA 6975

ANS B
 Who may apply for compensation?
 a. A person who was unjustly accused convicted and imprisoned and subsequently
released by virtue of a judgment of acquittal;
 B. A person who was unjustly detained and released without being charged;
 c. A person who is a victim of arbitrary detention by the authorities as defined in
the Revised Penal Code under a final judgment of the court
 d A person who is a victim of a violent crime which includes rape and offenses
committed with malice which resulted in death or serious physical and/or
psychological injuries, permanent incapacity or disability, insanity, abortion,
serious trauma, or committed with torture, cruelty or barbarity. 
 e. all of these
ANS E
 .what do you call to the person who will provide him with support and will walk
him through the orientation phase.
 a. big brother
 b. Onee chan
 c. god father
 d. warden 

ANS A
 It is program that requires clients to report twice a week to an outreach center.
They are required to attend group sessions to ensure their adjustment to life
outside jail to reduce recidivism.
 a. counselling
 b. grouping
 c. after care 
 d.none

ANS C 
  it is a daily ritual that starts the day in a TC facility. It is attended by the whole
community and lasts for an hour. It commences with the Opening Prayer, Singing
of the Philippine National Anthem and the recitation of the TC Philosophy.
 a. morning meeting
 b. afternoon meeting
 c. evening meeting
 d. meeting

ANS A 
  First Asian therapeutic community established
 a. Philippines
 b. Indonesia
 c. Malaysia
 d. Singapore 

ANS A 
 What do you call to a person under therapeutic community
 a. resident
 b. petitioner
 c. inmate
 d. call by their name 

ANS A 
  It is an outright correction done by any member of the TC community to another
member who has done a minor infraction but is not aware of it.
 a. pull-up
 b. talk to
 c. dealt with 
 d. reprimand

ANS B
 These  are sanctions to members who commit repeatedly infractions or violation
to the Cardinal Rules by prohibiting, disallowing or limiting an activity or
affiliation to a group.
 a. bans
 b. contraband
 c. littering
 d. loitering

ANS A
 It serves as a dynamic force that motivates the individual to achieve positive
behavior change.
 a. imprisonment
 b. community
 c. society
 d. solitary

ANS B
  It is a device or instrument used to hold back keep in check or control inmate
 a. leg iron
 b. straight jacket
 c. handcuffed
 d. instrument of restraints

ANS D
 .it is designed to respond to the inner longing of residents to find greater faith
where they can anchor themselves within their struggle to find meaning to their
existence.
 a. spirituality
 b. behavioral
 c. intellectual
 d. emotional 

ANS A 
 .which of the following is not categories of Therapeutic Community modality?
 a. behavior management 
 b. intellectual/spiritual aspect, 
 c. emotional and social aspects 
 d. vocational/survival aspects
 e. none of these

ANS E 
 .it is done when negative behaviors or infractions to the House Rules/Norms are
done for the second time of same offense by a resident.
 a. pull-up
 b. talk to
 c. dealt with 
 d. reprimand

ANS C