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Correction

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6 views25 pages

Correction

Uploaded by

Arnold Saman
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© © All Rights Reserved
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FOURTH PILLAR-

CORRECTION
Inthis stage, correction , rehabilitation
and reorientation of those who judicially
found guilty will takes place.
CORRECTION

Is that branch of the administration of


criminal justice charged with the
responsibility for the custody, supervision
and rehabilitation of the convicted
persons.
TWO (2) APPROACHES OF CORRECTION
1.INSTITUTIONAL CORRECTION
-rehabilitation or correctional programs take
place inside correctional facilities or institutions
such as national penitentiaries and jails.
2. NON- INSTITUTIONAL 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 in correctional facility
or jail.
AGENCIES OF THE GOVERNMENT CHARGED
WITH CORRECTIONAL RESPONSIBILITY
1.Bureau of Correction (BuCor)
2.Bureau of Jail Management and Penology (BJMP)
3.Board of Pardons and Parole (BPP)
4.Parole and Probation Administration (PPA)
5.Provincial and Sub-provincial Jails (Provincial
Government)
6.Department of Social Welfare and Development
(DSWD)
FIRST APPROACH: INSTITUTIONAL
CORRECTION
Today, particularly the Philippines, defendants
are held in jails under the Bureau of Jail
Management and Penology until judgment is
rendered by the court , if bail is not available for
them. After conviction, convicted person will remain
in jail if the sentenced is three (3) years of
imprisonment or below. Only when the sentence is
more than three(3) years, the convicted person will
be transferred from jail to correctional facility under
the control of Bureau of Correction for the service of
such sentence.
THE BUREAU OF CORRECTION
A bureau under the Department of Justice, task
for the custody, security and rehabilitation of convicted
person with penalty of imprisonment of more than three (3)
years.
MANDATE:
o SAFEKEEPING- keep the offenders off the streets
o REFORMATION- ensure that released inmates are
productive, healthy, and less likely to be in conflict with the
law
o RESTORATIVE JUSTICE- A philosophical framework and a
series of programs for the criminal justice that emphasizes
the need to repair the harm done to crime victims through a
SEVEN CORRECTIONAL FACILITIES IN THE PHILIPPINES
(UNDER THE BUCOR)
1. New Bilibid Prison- Muntinlupa City
2. San Ramon Prison and Penal Farm- Zamboanga Del Sur
3. Iwahig Prison and Penal Farm- Palawan
4. Correctional Institution for Women- Mandaluyong City
5. Leyte Regional Prison- Abuyog Leyte
6. Sablayan
Prison and Penal Farm- Sablayan, Mindoro
Occidental
7. Davao Prison and Penal Farm- Tagum, Davao del Norte
PROCEDURES OF ADMISSION IN
CORRECTIONAL INSTITUTION
1. RECEIVING
The new prisoner is received at the Reception and
Diagnostic Center (RDC). The new prisoner usually comes from
provincial or city jail where he was immediately committed upon
conviction by the court, and escorted by the platoon during his
transfer to the national prison.
2. CHECKING OF COMMITMENT PAPERS
The receiving officer checks the commitment papers if they
are in order. That is, if they contain the signature of the judge or
the signature of the clerk of court, and the seal of the court.
3. IDENTIFICATION
The prisoner’s identify is established through the picture and
fingerprint appearing in the commitment order. This is to ensure that the
person being committed is the same as the person being named in the
commitment order.
COMMITMENT ORDER- A written order of the court or any competent
authority consigning an offender to a jail or prison for confinement.
4. SEARCHING
This steps involves the frisking of the prisoner and searching his
personal things. Weapons and other items classified as contraband are
confiscated and deposited to the property custodian. Other properties are
deposited with trust fund under recording receipts.
5. BREIFING AND ORIENTATION/ASSIGNMENT OF QUARTERS
The prisoner will be brief and oriented on the rules and regulations
of the institution before he will be assigned to the RDC or quarantine unit.
Note:
QUARANTINE UNIT- This may be a unit of the
prison or section of the RDC where the
prisoner is given through physical examination
including blood test, x-rays, vaccinations and
immunity. This is for the purpose of insuring
that the prisoners are not suffering from any
contagious diseases, which might be transfer
to the prison population.
FLOW CHART
Receiving of Convicted Person

Checking of Commitment Papers

Identification of the Prisoner

Searching

Briefing and Orientation/Assignment of Quarters


BUREAU OF JAIL MANAGEMENT AND
PENOLOGY
CREATION- The Bureau of Jail management and
Penology is created under Sec. 10 of R.A 6975 as
amended by RA 9263.
POWERS AND FUNCTIONS
Exercise supervision and control over all city
and municipal jails EXCEPT Provincial jails. The
Provincial jails shall be supervised and controlled
by the provincial government within its jurisdiction
whose expenses shall be subsidized by the
National Government.
TYPES OF
JAILS
1. LOCK UP
A security facility for the temporary detention of
persons held for investigation or awaiting preliminary
investigation.
2. ORDINARY JAIL
It houses both offenders awaiting court action and
those serving short sentences usually up to three (3) years.
3. WORKHOUSES
Jail farm or camp houses minimum custody offenders
serving short sentences with constructive work programs. It
provides full employment of prisoners, remedial services and
LEGAL GROUNDS OF DETAINING A PERSON
1.Commission of a Crime
2.Violent
insanity or any other ailment requiring
compulsory confinement in a hospital
REQUIREMENTS FOR COMMITMENT
3.Commitment Order
4.Medical Certificate
5.Complaint/Information
6.Police Booking Sheet
GENERAL CATEGORIES OF
INMATES
1. SENTENCE PRISONER (Prisoner)- Convicted with final judgment
2. DETENTION PRISONER (Detainee)- Inmate who is undergoing
investigation/trial or awaiting trial/sentencing.

CLASSIFICATION OF SENTENCED
PRISONERS
1. INSULAR OR NATIONAL PRISONER
Is a person who is sentenced to serve a prison sentence of
three (3) years and (1) day to death
2. PROVINCIAL PRISONER
Is a person who is sentenced to serve a prison sentence of
(6) months and one (1) day to three (3) years.
3. CITY PRISONER
Is a person who is sentenced to
serve a prison sentence of one (1) day to
three (3) years.
4. MUNICIPAL PRISONER
Is a person who is sentenced to
serve a prison sentence of one (1) day to
six (6) months
SECOND APPROACH:
NON-INSTITUTIONAL CORRECTION
It is believed that correction and rehabilitation
of convicted offenders cannot only take place
inside correctional facilities. Considering that our
jails and correctional facilities are now
overcrowded and high cost of government
expenses to maintain these facilities, non-
institutional correction or otherwise known as
community based correction is a good alternative
for imprisonment.
PROBATIO
N
 Probationoriginated in the work of a Boston shoemaker
named John Augustus, who in 1841 began to supervise
offenders and report on them to the court.
 In
1878 Massachusetts became the first state to pass a
probation law.
 Probation
is much less expensive than incarceration. It is
designed to offer convicted offenders treatment outside
prison where they can maintain their ties to conventional
society.
 Judges,
with the help of probation officers will decide
whether or not to grant or deny an applicant for probation,
considering that this is a judicial prerogative.
PHILIPPINES
(PD 968, AS AMENDED BY RA
10707
The law defined probation as a
disposition, under which a defendant after
conviction and sentence, is released subject to
the conditions imposed by the Court and to the
supervision of a probation officer.
The Purposes of Probation Law are:
1. Promote the correction and rehabilitation by
providing the offender with individualized
2. Provide an opportunity for the reformation of an offender
which might be less probable if he were to serve a prison
sentence.
3. Prevent the commission of offenses.
DISQUALIFIED OFFENDERS ARE:
1. Sentenced
to serve a maximum term of imprisonment of
more than 6 years.
2. Convictedof any crime against the national security
(treason, espionage, piracy, etc,)
3. Whohave previously been convicted by final judgment of an
offense punished by imprisonment of more than 6 months
and 1 day and/or a fine of more than one thousand pesos
(as amended by section 2, RA 10707)
Obligation of a probationer:
1. Present
himself to the probation officer within 72 hours
from receipt of probation order.
2. Report
himself to the probation officer at least once a
month during the period of probation.
3. Not to violate the conditions of his probation.
PARDON
Pardon is a form of executive clemency which is
exercise by the Chief Executive. It is an act of grace and
the recipient of pardon is entitled to it is as a matter of
right. The exercise of pardon is vested in the executive, is
discretionary and is not subject to review or judicial notice
WHAT ARE THE DIFFERENT KINDS OF
PARDON
There are two kinds of pardon, the
absolute and conditional pardon. An absolute
pardon is one extended without any conditions or
strings attached, whereas a conditional pardon is
one under which the convict is oblige to follow
certain conditions.
Where the pardon is absolute the
convicted person has no option at all and must
accept it whether he likes it or not. His consent to
absolute pardon is not indispensable hence, it is
valid upon issuance.
Whereas, in the case of conditional pardon the
convicted person has the right to reject or refuse the
pardon if he feels that the condition imposed is not
favorable on his part. This kind of pardon is considers a
contract between the pardoning authority and the
pardonee hence; consent is indispensable for its validity.
OTHER FORMS OF EXECUTIVE CLEMENCY
1. AMNESTY
Given by the President with the concurrence
of the majority of all members of Congress. Granted to
classes of person or communities who may be guilty of
political offense.
2. REPRIEVES
Are the temporary stay or postponement of
sentence especially when the penalty imposed is death.
3. COMMUTATION OF SENTENCE
Is the reduction of the duration of a prison
sentence wherein a heavier or longer sentence is reduced
to a lighter or shorter term.

PAROLE
It refers to the conditional release of an
offender from a correctional institution after he serves the
minimum term of his prison sentence. It does not have the
effect of extinguishing the criminal liability of the offender
THE END.

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