Non-Intitutional Correction
Non-Intitutional Correction
Non-Intitutional Correction
PENOLOGY defined:
• The study of punishment for crime or of criminal offenders. It includes the study of control
and prevention of crime through punishment of criminal offenders.
• The term is derived from the Latin word "POENA" which means pain or suffering
• Penology is otherwise known as Penal Science. It is actually a division of criminology that
deals with prison management and the treatment of offenders and concerned itself with
the philosophy and practice of society in its effort to repress criminal activities.
• Penology has stood in the past and, for the most part, still stands for the policy of inflicting
punishment on the offenders as a consequence of his wrongdoing.
Penal Management:
• Refers to the manner or practice of managing or controlling places of confinement as in
jails or prisons.
CORRECTION defined:
• A branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders.
• It is that field of criminal justice administration which utilizes the body of knowledge and
practices of the government and the society in general involving the processes of handling
individuals who have been convicted of offenses for purposes of crime prevention and
control.
• It is the study of jail/prison management and administration as well as the rehabilitation
and reformation of criminals.
• It is a generic term that includes all government agencies, facilities, programs,
procedures, personnel, and techniques concerned with the investigation, intake, custody,
confinement, supervision, or treatment of alleged offenders.
Correction as a Process:
• Refers to the reorientation of the criminal offender to prevent him or her from repeating
his deviant or delinquent actions without the necessity of taking punitive actions but
rather the introduction of individual measures of reformation.
Correctional Administration:
• The study and practice of a systematic management of jails or prisons and other
institutions concerned with the custody, treatment, and rehabilitation of criminal offenders.
The Criminal Justice System is the machinery of any government in the control and
prevention of crimes and criminality. It is composed of the pillars of justice such as: the Law
Enforcement Pillar (Police), the Prosecution Pilar, the Court Pillar, the Correction Pillar, and
the Community Pillar.
Correction as one of the pillars of Criminal Justice System is considered as the
weakest pillar. This is because of its failure to deter individuals in committing crimes as well
as the reformation of inmates. This is evident in the increasing number of inmates in jails or
prisons. Hence, the need of prison management is necessary to rehabilitate inmates and
transform them to become law-abiding citizens after their release.
Correction is the fourth pillar of the criminal justice system. This pillar takes over once
the accused, after having been found guilty, is meted out the penalty for the crime he
committed. He can apply for probation, or he could be turned over to a non-institutional
or institutional agency or facility for custodial treatment and rehabilitation. The offender
could avail of the benefits of parole or executive clemency once he has served the
minimum period of his sentence. When the penalty is imprisonment, the sentence is carried
out either in the municipal, provincial or national penitentiary depending on the length of
the sentence meted out.
Galleys - long, low, narrow, single decked ships propelled by sails, usually rowed by
criminals. A type of ship used for transportation of criminals in the 16th century.
Hulks - decrepit transport, former warships used to house prisoners in the 18h and 19th
century. These were abandoned warships converted into prisons as means of relieving
congestion of prisoners. They were also called "floating hells".
Crimes, violence, rebellious acts and other acts, which are expressly prohibited by
the society, fall as forbidden acts. Accepted acts are those that can be beneficial to the
welfare of the society such as early traditions and practices, folkways, norms, those that are
controlled by social rules, and laws.
Punishment is required when those who intend to violate the rules do not comply with
these practices.
The complex society gradually evolved changing the social rules into a more
structured sanctions to prevent the violations of those rules essential to group survival. These
sanctions have been codified into written rules or laws. And the reward for obeying those
laws is simply the ability to function as a respected and productive member of society.
Early Codes:
History has shown that there are three main legal systems in the world, which have
been extended to and adopted by all countries aside from those that produced them. In
their chronological order, they are the Roman, the Mohammedan or Arabic and the Anglo-
American Laws. Among the three, it was Roman law that has the most lasting and most
pervading influence. The Roman private law (Which include Criminal Law) especially has
offered the most adequate basic concepts which sharply define, in concise and
inconsistent terminology, mature rules and a complete system, logical and firm, tempered
with a high sense of equity. (Coquia, Principles of Roman Law,1996)
The Twelve Tables (XII Tabulae), (451-450 BC) - represented the earliest codification of
Roman law incorporated into the Justinian Code. It is the foundation of all public and
private law of the Romans until the time of Justinian. It is also a collection of legal principles
engraved on metal tablets and set up on the forum.
c. Greek Code of Draco - In Greece, the Code of Draco, a harsh code that provides the
same punishment for both citizens and the slaves as it incorporates primitive concepts
(Vengeance, Blood Feuds).
* The Greeks were the first society to allow any citizen to prosecute the offender in the name
of the injured party.
3. The Burgundian Code (500 A.D) - specified punishment according to the social class of
offenders, dividing them into: nobles, middle class and lower class and specifying the value
of the life of each person according to social status.
Eventually, the Spanish Civil Code became effective in the Philippines on December
7,1889, the "Conquistadores" and the "Kodigo Penar" (The Revised Penal Code today, 1930)
was introduced by the Spaniards promulgated by the King of Spain. Basically, these laws
adopted the Roman Law principles (Coquia, Principles of Roman Law, 1996).
Mostly tribal traditions,customs and practices influenced laws during the Pre-Spanish
Philippines. There were also laws that were written which include:
a. The Code of Kalantiao (promulgated in 1433) - the most extensive and severe law that
prescribes harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
c. Sikatuna Law
Early Prisons:
Mamertine Prison - the only early Roman place of confinement which is built under
the main sewer of Rome in 64 B.C Other places of confinement in the history of confinement
include FORTRESSES, CASTLES, and TOWN GATES that were strongly built purposely against
roving bands of raiders. The most popular workhouse was the BRIDEWELL WORKHOUSE
(1557) in London which was built for the employment and housing of English prisoners.
Wulnut Street Jail - originally constructed as a detention jail in Philadelphia. lt was converted
into a state prison and became the first American Penitentiary.
In 1847, the first Bilibid Prison was constructed and became the central place of
confienment for Filipino Prisoners by virtue of the Royal decree of the Spanish crown.
In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of
Prisons originally intended as a site for boys' training school. Today,the old Bilibid Prison is
now being used as the Manila City Jail, famous as the "May Halique Estate".
4th A.D. - Secular Laws were advocated by Christian philosophers who recognizes
the need for justice. Some of the proponents these laws were St. Augustine and St. Thomas
Aquinas.
All these laws are intended for the common good,but the Human law only becomes valid
if it does not conflict with the other two laws.
V. PUNISHMENT
Punishment:
•It is the redress that the state takes against an offending member of society that usually
involves pain and suffering.
• It is also the penalty imposed on an offender for a crime or wrongdoing.
PURPOSES/JUSTIFICATIONS OF PUNISHMENT
1. Retribution - the punishment should be provided by the state whose sanction is violated,
to afford the society or the individual the opportunity of imposing upon the offender
suitable punishment as might be enforced. Offenders should be punished because they
deserve it.
2. Expiation or Atonement - it is punishment in the form of group vengeance where the
purpose is to appease the offended public or group.
3. Deterrence - punishment gives lesson to the offender by showing to others what would
happen to them if they violate the law. Punishment is imposed to warn potential offenders
that they cannot afford to do what the offender has done.
4. Incapacitation and Protection - the public will be protected if the offender has being
held in conditions where he cannot harm others especially the public. Punishment is
effected by placing offenders in prison so that society will be ensured from further criminal
depredations of criminals.
5. Reformation or Rehabilitation - it is the establishment of the usefulness and responsibility
of the offender. Society's interest can be better served by helping the prisoner to
become law abiding citizen and productive upon his return to the community by requiring
him to undergo intensive program of rehabilitation in prison.
The Pioneers:
William Penn (1614-1718)
• He fought for religious freedom and individual rights.
• He is the first leader to prescribe imprisonment as correctional treatment for major
offenders.
• He is also responsible for the abolition of Death penalty and torture as a form of
punishment.
* The Elmira Reformatory is considered forerunner of modern penology because it had all
the elements of a modern system.
PENALTY is defined as the suffering inflicted by the state against an offending member for
the transgression of law.
PRISON Defined:
A penitentiary, an institution for the imprisonment (incarceration) of persons
convicted of major/serious crimes.
A building, usually with cells, or other places established for the purpose of taking
safe custody or confinement of criminals.
A place of confinement for those for those charged with or convicted of offenses
against the laws of the land.
WHO IS A PRISONER?
A prisoner is a person who is under the custody of lawful authority. A person, who by
reason of his criminal sentence or by a decision issued by a court, may be deprived of his
liberty or freedom.
A prisoner is any person detained/confined in jail or prison for the commission of a
criminal offense or convicted and serving in a penal institution.
A person committed to jail or prison by a competent authority for any of the following
reasons: To serve a sentence after conviction - Trial – Investigation
WHAT IS A JAIL?
JAIL – is a place for locking-up of persons who are convicted of minor offenses or felonies
who are to serve a short sentences imposed upon them by a competent court, or for
confinement of persons who are awaiting trial or investigation of their cases.
Types of Jails:
1. Lock-up Jails – is a security facility, common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender
to serve sentence less than three years.
3. Workhouses, Jail Farms or Camp - a facility that houses minimum custody offenders who
are serving short sentences or those who are undergoing constructive work programs. It
provides full employment of prisoners, remedial services and constructive leisure time
activities.
Vision:
The BJMP envision itself as a dynamic institution highly regarded for its humane
safekeeping and development of inmates.
Mission:
The Bureau aims to enhance public safety by providing humane safekeeping and
development of inmates in all district, city and municipal jail.
B. Functions:
In line with its mission, the Bureau endeavors to perform the following:
1. Formulate policies and guidelines on the administration of all districts, city and municipal
jails nationwide.
2. Formulate and implement policies for the programs of correction. rehabilitation and
treatment of offenders;
3. Plan the program funds for the subsistence allowance of offenders;
4. Conduct researches, develop and implement plans and programs for the improvement
of jail services throughout the country.
The Bureau shall be headed by a chief with the rank of Director,and assisted by a
Deputy Chief withthe Rank of Chief Superintendent.
The National Headquarters is the Command and Staff Office of the Jail Bureau is
composed of Command Groups,Directorate and management support staff namely:
1. Command Group
Chief, BJMP
Deputy Chief for Administration
Deputy Chief for Operation
Chief of Directorial Staff
2. Directorates
Directorates for Human Resource & Record Management
Directorate for Operations
Directorate for Logistics
Directorate for comptrollership
Directorate for Programs & Development
Directorate for Intelligence, Investigation & Inspectorate
3. Management Support Staff
Office of the Legal Service
Office of the General Services
Office of the Accounting Service
Office of the Finance Services
Office of the Supply Accountable Office
Office of the Internal Audit Services
Office of the Chaplaincy Service
Office of the Media Affair & Community Relation Service
Office of the Information & Communication Technology Service
Office of the Health Service
Regional Office:
At the Regional Level, each Region shall have a designated Regional Director for Jail
management and Penology.
Provincial Level:
In the Provincial Level, there shall be designated a Jail Provincial Administrator to perform
the same functions as the RDs province wide.
District Office:
In the District Level, where there are large cities and municipalities, a district jail with
subordinate jails, headed by a District warden may be established as necessary.
City and Municipal Office:
In the City and Municipal level, a city or municipal Warden shall head each jail.
Rank Classification of the BJMP:
ASSISTANCE WARDEN
• The office of the Assistant Warden undertakes the development of a systematic process
of treatment.
• Chairman of the Classification Board and Disciplinary Board.
C. ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of the jail bureau.
Personnel Management Branch
• Assignment of personnel
• Procedures of selection
• Preparation of personnel reports
• Individual record file
Budget and Finance Branch - Take charge of all financial matters such as budgeting,
financing, accounting, and auditing.
Mess Service Branch - Take charge of the preparation of the daily menu, prepares and
cook the food and serve it to inmates.
General Service Branch - Responsible for the maintenance and repair of jail facilities and
equipments. It is also task with the cleanliness and beautification of the jail compound.
Mittimus Computing Branch - Tasked to receive court decisions and compute the date of
the full completion of the service of sentence of inmates.
Mittimus - is a warrant issued by a court directing the jail or prison authorities to receive the
convicted offender for the service of sentence imposed therein or for detention.
D. SECURITY GROUPS:
The security groups provides a system of sound custody, security and control of
inmates and their movements and also responsible to enforce prison or jail discipline.
1. Escort Platoon
a) Escort Section - to escort inmate upon order of any judicial body; upon summon of a
court; or transfer to other penal institutions.
b) Subpoena Section - receives and distribute court summons, notices, subpoenas, etc.
2. Security Platoon - a three (3) working platoon shifts responsible for over all security of the
jail compound including gates, guard posts and towers. They are also responsible for the
admitting and releasing
unit.
This group provides services and assistance to prisoners and their families to enable
them to solve their individual needs and problems arising from the prisoners' confinement.
1. Medical and Health Services Branch - Provides medical and physical examinations of
inmates upon confinement,treatment of sick inmates and conduct medical and physical
examinations and provide
medicines or recommends for the hospitalization of seriously ill prisoners or inmates. It also
conducts psychiatric and psychological examinations.
2. Work and Education Therapy Services - It take charge of the job and educational
programs needed for rehabilitation of inmates by providing them job incentives so they
can earn and provide support for their
families while in jail.
3. Socio-Cultural Services-It takes care of the social case work study of the individual
prisoners by making interviews, home visits, referral to community resources, free legal
services, and liaison works for the
inmates.
4. Chaplaincy Services- It takes charge of the religious and moral upliftment of the inmates
through eligious services. This branch caters to all religious sects.
5. Guidance and Counseling Services-Responsible for the individual and group counseling
activities to help inmates solve their individual problems and to help them lead a
wholesome and constructive life.
This is a special unit of prison (Camp Sampaguita) where new prisoners undergo
diagnostic examination, study and observation for the purpose of determining the
programs of treatment and training best suited to their needs and the institution to which
they should be transferred.