Semifinals Cor Ad2

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NON- INSTITUTIONAL CORRECTIONAL

ADMINISTRATION
THIRD YEAR SEMIFINAL-
FINALS
OPTIONAL/DISCRETIONARY OR
OTHER CONDITIONS
 Cooperate with a program of supervision;
 Meet his family responsibilities
 Devote himself to a specific employment without prior written approval of the
probation officer;
 Comply with a program of payment of civil liability to the victim or his heirs;
 Undergo medical, psychological or psychiatric examination and treatment
and/or enter and remain in specified institution, when required for that purpose.
• Pursue a prescribed secular study or vocational training;
• Attend or reside in a facility established for instruction or reaction
of persons on probation;
• Refrain from visiting houses of ill-repute;
• Abstain from drinking intoxicating beverages to excess;
• Permit the probation officer or unauthorized social worker to visit
his home and place of work;
• Reside at premises approved by the court and not to change his
residence without prior written approval; and
• Satisfy any other condition related to the rehabilitation of the
probation and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.
MAY THE ARRESTED PROBATIONER
ADMITTED TO BAIL?
 YES, The defendant may be admitted to bail pending such
hearing. In such case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to probations
arrested under this provision.
HEARING OF THE VIOLATION
 INFORMAL and SUMMARY
 Probationer has right to counsel and given all the opportunities
to be heard because it may lead to revocation and hence
imprisonment.
PROBATION ADMINISTRATOR
• The administration shall be headed by the PROBATION
ADMINISTRATOR, hereinafter referred to as the Administrator.
• It is appointed by the President of the Philippines. He shall hold
office during good behaviour and shall not be removed except for
cause.
ASSISTANT PROBATION
ADMINISTRATOR
 There shall be an Assistant Probation Administrator who shall
assist the Administrator perform such duties as may be provided
by law. In the absence of the administrator, he shall act as head of
the Administration.
 He shall be appointed by the President and shall receive an
annual salary of at least thirty- six thousand pesos.
QUALIFICATIONS
 At least 35 years old.
 Holder of a master degree in criminology, social work
correction, penology, psychology, sociology, public
administration, laws, police science, police administration or
relation filed.
 5 years supervisory experience.
 Member of BAR with 7 years supervisory
OFFICE OF THE ADMINISTRATOR

 It acts as the head and the executive officer of the PPA.


 Planning Staff- Develops plans, programs and conducts, research
towards economical, efficient and effective operation and
implementation of PD no. 968 as amended.
 Technical Services- It acts as service arm of the Board of Pardons
and Parole in the supervision of parolees and pardonees.
OFFICE OF THE DEPUTY
ADMINISTRATOR
 One deputy. Assist the administrator and performs such duties as may be
assigned by the administrator.
STAFF DIVISION
 ADMINISTRATIVE DIVISION (AD)
 It provides the administration with well-planned, directed and
coordinated services relating to personnel, records, supplies and
equipment, disbursement, security and janitor/messengerial services and
publc information dissemination.
FINANCIAL MANAGEMENT
DIVISION(FMD)
 It provides financial support to all units of the agency
and implements policies and procedure on financial
management in accordance with the government rules
and regulations.
LEGAL AND INSPECTOR DIVISION(LID)
 It provides various units of the administration with
legal advice, prepares opinions on questions of law that
may arise in the implementation of PD 968 as
amended.
TRAINING DIVISION (TD)
 Develops, conducts, monitors and evaluates training programs for
improved job performance of the line and staff personnel of the
agency, develops modules for training programs sponsored by the
other agencies/organizations.
 Research Development Section
 Material Preparation and A/V section
 Training Evaluation Section
COMMUNITY SERVICES DIVISION
 Assist in the establishment/development of facilities, programs and
services for the rehabilitation of probationers/parolees/pardonees
utilizing community resources, provides technical and consultative
sevices to operating units and offices of the administration, screes
nad recommends for appointment of VPAs
• Community Programs Services
 Volunteer Services Section
CASE MANAGEMENT AND RECORDS
DIVISION
• It provides technical services assistance to filed officers in
improving investigation procedures/supervision over probationers
and their services to the courts; conducts studies on caseloads,
caseworks services and procedures in case management, maintains
central files of records of
petitioners/probationers/parolees/pardonees and establishes linkages
with criminal justice pillars for improvement of ccase load
management.
CLINICAL SEVICES DIVISION (CSD)
• provides the administration with effective diagnostic/ evaluation and
therapy/management of PPA employees and their dependents,
petitioner, probationers, parolees, pardonees which include
psychiatric , medical, dental and psychological and social services.
 Psychological Services Section
 Social Services Section
 Medical and Dental Section
REGIONAL OFFICES
• Regional Probation and Parole Offices (Dir. II/Regional Dir.)
- It exercise supervision and control over all provincial/city Parole
and Probation offices within the jurisdiction and performs such
duties as may be assigned by the administrator.
 One Deputy (Dir. I/ Asst. Reg. Dir.)
 15 Regional Office
PROVINCE/CITY OFFICE
• It undertakes the investigation of petitioners for probation referred by the
courts for PSIRs; supervise probationers/parolees/pardoness and perform
such other duties as may be assigned by the administrator.
• CHIEF PPO ASSISTED BY:
 Senior Probation and Parole Officer (Sr. PPO)
 Probation and Parole Officer II (PPO II)
 Parole and Probation Officer I (PPO I)
 Clerk II
PAROLE
• It consists in the suspension of the sentence of a convict after
serving the minimum of the sentence imposed without granting a
pardon, prescribing the terms upon which the sentence shall be
suspended.
• It is an individual response and progress within the correctional
institution and a service by which they are provided with necessary
controls and guidance as they serve the reminder of their sentences
within the free community.
• It is a procedure by which prisoners are selected for
release on the basis of individual response and progress
within the correctional institution and a service by
which they are provided with necessary controls and
guidance as they serve the reminder of their sentences
within the free community.
• Parole is a French word and is used here in the sense of word of
honor. Thus, the implication was that the prisoner would gave his
word ( or word of honor ) that he would abide by the term of his
conditional releases.
 The administration has been authorized by the Board to conduct pre-
parole investigation of deserving city, provincial and national
prisoner confined in the city and provincial jails, the national
penitentiary and penal colonies, whenever their best interests and
that of justice will be served thereby, and to submit reports of said
investigation at least 60 days before the expiration of the minimum
sentence of the prisoners concerned.
ORIGIN OF DEVELOPMENT OF
PAROLE
 In Europe, two persons who are administrators in the early 19th century contributed to
the development of parole and they are Menthesinos of Spain and Abermanior, a
German.
 But it was Captain Alexander Maconochie, penal superintendent at Norfolk Island
colony, Australia, who in 1840 originated the use of ticket of leave, or conditional release
equivalent to parole.
 He introduced the Mark System that became blueprint of modern day parole.
 Alexander Maconochie was then called the “Father of Modern Penology
 Father of Parole in Australia.
Mark System
 A progressive humane system in which a prisoner is required to
earn a number of marks based on proper department, labor and
study in order to entitle him for ticket for leave or conditional
release which is similar to parole.
Walter Crofton
 Attemted to implement Macanochie’s mark system
when he became the administrator of the Irish Prison
System in 1854.
 He is the Father of Parole in Ireland.
Zebulon Brockway
 Father of parole in the United States
 A Michigan penologist, is given credit for implementing the first
parole system in the U.S.
 He proposed a two-pronged strategy for managing prison
populations and preparing inmates for release: indeterminate
sentencing coupled with parole supervision .
 He was given a chance to put his proposal into practice in 1876
when he was appointed superintendent at a new youth
reformatory, the Elmira Reformatory in New York.
Elmira Reformatory
 Forerunner of modern penology
CREATION OF PAROLE SYSTEM IN
THE PHILIPPINES:
 Itcame into existence by the passage of Act
4103 as amended by Acts 4203 and 4225,
otherwise known as the Indeterminate Sentence
Law, which took effect on Dec. 5, 1933.
DISTINCTION BETWEEN PAROLE AND
PROBATION
 Parole is an Administrative function exercised by the executive
branch of the government (executive function) while probation is
a judicial function exercise by the courts.

 Parole is granted to a prisoner only after he has serve the


minimum of his sentence while probation is granted to an
offender immediately after conviction.
DIFFERENCE BETWEEN PAROLE AND
MANDATORY SUPERVISION
 “ Mandatory Supervision”, is a practice whereby an inmate is
released prior to the completion of their sentence due to legal
technicalities which oblige the offender justice system to free
them.
 Mandatory supervision tends to involve stipulation that are
more lenient than those of parole, and in some cases place no
obligations at all on the individual being released.
PRISONERS QUALIFIED FOR PAROLE
 He is confined in a jail or prison to serve an indeterminate prison
sentence.
 He has served the minimum period of said sentence less the good conduct
time allowances (GCTA) earned.
 There is a reasonable probability that if released, he will become law-
abiding; and
 His release will not be incompatible with the interests and welfare of
society.
PRISONERS DISQUALIFIED FOR PAROLE:
 Those persons convicted of offenses punished with reclusion perpetua;
 Those convicted of treason, conspiracy or proposal to commit treason;
 Those convicted of misprision of treason, rebellion, sedition or espionage;
 Those convicted of piracy;
 Those who are habitual delinquents;
 Those who escaped from confinement
 Those who were granted conditional pardon and violated any of the terms thereof.
 Those whose maximum term of imprisonment does not exceed 1 year or are with a
definite sentence;
 Those suffering from any mental disorder;
 Those whose sentence is on appeal;
 Those who have pending criminal case for an offense committed while serving
sentence;
 Those convicted of offenses punished with reclusion
 Those convicted for violation of the laws on terrorism, plunder and transnational
crimes.
 The Board of Pardons and Parole, created by virtue of Act
No. 4103 (1933) known as the Indeterminate Sentence
Law, is an agency under the Department of Justice(DOJ)
tasked to uplift and redeem valuable human resources to
economic usefulness and to prevent unnecessary and excessive
deprivation of personal liberty by way of parole or through
executive clemency.
COMPOSITION OF THE BOARDS OF
PARDON AND PAROLE
 Board Composition
The Board shall be composed:
 Secretary of Department of Justice as Chairman
 Six Members:
1. The Administrator of the Parole and Probation ; ex-officio member
2. Sociologist
3. Clergyman
4. Educator
5. Person with training and experience in correction work
6. Member of the Philippine Bar,;
 One of them is a woman. The members of the Board shall be appointed
by the President upon the recommendation of the secretary and shall hold
office for a term of six(6) years, without prejudice to reappointment
FILING OF PETITION
 A formal petition for executive clemency addressed as follows shall be
submitted to the Board before the question of said clemency will be considered:
“The President of the Philippines
Thru: The Chairman
Board of Pardons and Parole
DOJ Agencies Bldg., NIA Road cor. East Avenue
Diliman, Quezon City”
 EXECUTIVE CLEMENCY/PAROLE OF AN ALIEN –The Board may
recommend the grant of executive clemency or grant parole to a prisoner
who is an alien.

SEC. 27. PAROLE SUPERVISION – After release from confinement, a


client shall be placed under the supervision of Probation and Parole Officer
so that the former may be guided and assisted towards rehabilitation.
 Outside Travel = A Chief Probation and Parole Officer may authorize a client to
travel outside his area of operational jurisdiction for a period of not more than
thirty(30) days. A travel for more than 30 days shall be approved by the Regional
Director.
 SEC. 26 Travel Abroad and/or Work Abroad – Any parolee or pardonee under
active supervision/surveillance who has no pending criminal case in any court
may apply for overseas work or travel abroad. However, such application for
travel abroad shall be approved by the Administrator and confirmed by the Board.
 Report of Parole Infraction/Violation – Any violation of the terms and
conditions appearing in his Release Document or any serious deviation or non-
observance of the obligations set forth in the parole supervision program shall
be immediately reported by his Probation and Parole Officer to the Board.

Sec. 40. Arrest of Client – Upon receipt of an Infraction Report, the Board may
order the arrest or recommitment of the client.
 Effect of Recommitment of Client – The client who is recommitted to
prison by the Board shall be made to serve the remaining unexpired
portion of the maximum sentence for which he was originally committed
to prison.

Sec. 42. Cancellation of Pardon/Parole- the Board may recommend the


cancellation of the pardon or cancel the grant of parole of a client if it finds
that material information given by said client to the Board, either before or
after release, was false.
STUDY while others are SLEEPING
WORK while others are LOAFING
PREPARE while others are PLAYING
DREAM while others are WISHING

GOOD LUCK THIRD YEARS ON YOUR EXAMS  … PADAYON


• Explain the procedure for applying probation
• Who can apply probation?
• Explain the concept of amnesty
• What are the kinds of pardon

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