eer =. 32 2|.—C B. HISTORICAL BACKGROUND OF PAROLE: Parole as a penal practice is part of the reformatory i which originated as a result of the call for reforms on how seiblase were treated during the dark ages in Europe. Among the practices in the 17" and 18® centuries was the conditional pardon granted to indentured servants transported to the American Colonies, wherein a violation of the terms of the conditions resulted in the withdrawal of the conditional pardon. In the 19 century, two prisons administrators in Europe contributed to the development of parole, namely Colonel Manuel -Montesinos of Spain and el Obermaier_of Munic! , Montesinos encouraged vocational training an lucation while Obermaier set up industrial shops in his prison and assigned trusted prisoners as their superintendents. Moreover in 1840, Captain Alexander Macanaciio. whe served as the penal superintendent at forfolkc Island Colony in Australia introduced the use of ticket- of leave or conditional release, an equivalent to parole.* ; hit Walter Cention, Director of Irish Prisons, during the period of 1854 to 1862 developed further the idea of parole and gave way for American prison reformers to enter into the picture. Although parole originated in Europe, it developed faster in the United States. Dr. G, Bowe of Boston was the first man who used the word “parole” in 1846. In 1869, some American prison reformers went to Ireland to observe its prison system that was instituted by Sir Walter Crofton. Upon. their return to the United States, they pushed for the approval of the law creating the Elmira Reformatory in How York, which was inaugurated in 1876. This famous ims' fon is the forerunner of parole in the United States. In the late 18" century and early 19% century, converting merchant ships into floating prisons was a common practice of the English penal system to decongest their prisons. These floating prisons were moored in the Thames River and were Tred to as ‘Hulks’, Moreover, prior to the independence of the American colonies, Convicts were habitually sent to the colonies. After their independence, the ol Alerid, 2013. ‘Scanned with CamScannerprisoners were sent to Australia. For example, j n +. ple, 1900 prisoners that were sent to Australia, 1400 melt alge these watery prisons.” c. HISTORY OF PAROLE IN AUSTRALIA: xX Captain James Cook was an Engli . P ish Expl circumnavigated the world and had pioneered the exploration of New Zealand and East Australia. He institu’ i w Ze \ . ited the establishing a penal colony in the area which he had Sanat | Captain Arthur Philip established the 1* ent in Aces He was a commander of a fleet of it nie eS amas that set sail in 1787 fronr Exithead, with a of expatriated convicts. He landed his cargoes composed of 552 male and 192 female convicts at Botany Bay, Australia om January AS T78B, after a horrible 8-month journey. caer Afier Sydney, the followin enal colonies were established: ee ° &_Yan_Diemon’s tand {now Toomania) — Trish political prisoners were banished like common criminals, Nerfolk Island ~ this is located between New Caledonia Be Mestot tan = thi Penal Colony. The conditions were inhumane and offenders were abused. Due to horrible conditions, the idea of parole sprouted as an alternative to incarceration. Hames To Remoxbor In the History Of Parole opt Alewander Maronochie (Mugilamd)- became the Governor or superintendent of Norfoll Island, a penal colony in the East of Australia and initiated the fornous “Mav System”. This system had five characterintica: first, it placed emphasis on reforming the offender rather than so-called deterrent or retributive principles; second, it advocated ‘ask sentences’ rather than time sentences wherein prisoners were g ‘ty after completing a task ar set. of task vath ai time; third, he introduced roorka an a Itine of currency to measure retrieved from: bthy:/ /osniie:) BL vam -ed-onto-rotting-sbins-2 285496. Date June 4, Nicculli-nentucy-pAoners- ‘Scanned with CamScannerthe performance of tasks, to . the purchase of rations and imagen rat misconduct and penal measure that has two stages, namely the intr oped a or punishment stage then followed by the Teformati ial punitive training stage; finally, his penal system is not ti d Ve or moral institution.® ed to any single . Sir Walter Crofton, remedied and perf 7 & drawbacks of the Mark System Perlected the failure and C : 8 when he was appointed di: of the Irish Prison System in 1854, The Irish or Crofton Syste integrated both punishment and reformation made up of three stages. These include the initial punishment stage and two subsequent reformative stages. A prisoner has to complete these three before becoming eligible for a sentence reduction and/or supervised release.’ ¢ Dr. ee eee, Bowel of Boston was the first man to use the word “parole”. He used the term in a Jetter to the Pri iation of New York in 1869, This eee to ee association appointed a committee to reformi the prison system of New York following the penal reforms that were instituted in Great Britain. The subsequent report that was submitted by the committee called for the establishment of reformatories or institutions that were meant to reform the prisoners into leading lives away from crimes. Then New York Governor, John, Hoffman endorsed the report and in 1869 brought about the creation of the New York State Reformatosy at Bimira which was eventually completed on 1876. The Elmira Reformatory sought to rehabilitate first time youth offenders between the ages of 16 to 30.'° fh. Zebulon R. Brockway was the first superintendent of Elmira formatory; he compulsorily developed parole which 2 spread to other states in United States of America. As the es a of the Elmira Reformatory from 1876-1909, he implemen ils program that made use of a com! mation of Soe aataa and trades training, indeterminate | sete oe lieved ie the of inmates and an incentive program. © ning offenders value of spiritual and moral guidance in relor into law abiding citizens."' ‘Scanned with CamScannerrwO PER “ The key components of the system which M: i he introduced into the Penal Colony at Norfolk neers basically two: the Mark System and a Five Stage system leading to conditional liberty. é “MARK SYSTEM” - a convict could make a way out of confinement by industry and good conduct. & A Five-Stage System leading to conditional liberty: fh rigid discipline and absolute confinement fh work on a government chain gang AB jimited freedom within prescribed area 4. a ticket of leave or a conditional pardon &B total freedom . Three - STAGE SYSTEM Known As The “INTERMEDIATE PRISON” By Sir Walter Crofton Stages of Intermediate Prison: ZB strict imprizomment -12 months of solitary confinement p- Intermediate inaprieonment - work in association with other convicts, chiefly in outdoor labor or public works. p ‘Picket of Leave or Conditional Pardon - conditional release for a period of remission earned by hard Jabor and good conduct and good conduct that-wan always subject to revocation. p “jRIGH BYBTEM” -- this was guided by the principle of “Individualization of Treatment”, 4 LMA, RU OMIM AV OWN - established a link between the community-based program and the penal institution, It is the forerunner of modern penology. ‘Scanned with CamScannerThe Indeterminate Sentence Law of 1933 was further amended on June 19, 1965 by Republic Act 4203 or AR ACT TO AMEND SECTIONS 3 and 4 OF ACT KO. 4103, as AMENDED, OTHERWISE KNOWN 48 THE INDETERMINATE SENTENCE LAW which provided the qualification, term of office, composition and compensation of the Board members. Who gave the Probation and Parole Officers the Authority to investigate cases for Parole and Executive Clemency? 1. The BPP resolved and gave the PPA-DOJ the authority to conduct Pre-Parole and Pre-Executive Clemency Investigation. REC A “The Board resolved as it has hereby resolved, to anthorize the Parole and Probation Administration to conduct Pre-Parola amd Husentive Clemency of Investigation of provi prisoners confined in city and provincial jails, the nat al penitentiary and penai colonies and to submit report of said investigation 60 days (now, within 30 days, as amended jon Be 10 dated April 13.2010} before the expiration of the minimum zenten: of the prisoner concerned. 2. Previously, Probation and Parole Officers were given a sixty {S0) day period to investigate cases for Parole or Executive Femency. Later on, it was reduced to thirty (20) days. ‘Scanned with CamScanner18 PAROLE RULES, PROBATION LAW AND EXECUTIVE CLEMENCY BPP Manual 2006, as amended, states that “Bec. 8- Referral to Government Agencies - The Board, in its discretion, refer'a petition for executive clemency to a Probation and Parole Officer who shall submit within thirty (30) days from receipt of referral a Report on the behavior, character, antecedents, mental and physical condition of the petitioner, and the results of the National Bureau of Investigation records check.” ‘Scanned with CamScannerS88 (Figure 2) DIRECTOR OF PRISONS or WARDEN Concemed (Forward Carpeta and Prison Records) | BOARD t REFERRAL pp, t4-A-|d - Conduct Pre-Parole Investigation (PPI) ~ Submit Pre-Parole/ Investigation Report {PPIR) - Thirty (30) days- Investigation Pertod Post Senbence Osta) Thsesh gahion Report BOARD GRANT DENIAL DEFER Discharge Retention in Jail/Prison | on Parole Jail or Prison | WILL BE PLACED UNDER PAROLE CONDITIONS ‘Scanned with CamScanner(Figure 2) (Forward Carpeta and Prison Records) | BOARD 1 REFERRAL | DIRECTOR OF PRISONS or WARDEN Concerned | pa £4 A- Io - Conduct Pre-Parole Investigation (PPI) - Submit Pre-Parole/ Investigation Report (PPIR} - Thirty (30) days- Investigation Pertod ‘ Post: Covrence Grats) Tavesh’ gation Report BOARD GRANT DENIAL DEFER Discharge Retention in Jail/Prison on Parole vail or Prison WILL BE PLACED UNDER PAROLE CONDITIONS ‘Scanned with CamScannerc. PAROLE_INVESTIGATION PRocEgs: As shown in Figure 2, the Parole Pro: of the Board of the prison records and carpeta of mati po receipt (confined in national penal farms and colonies) fr prisoners, Prisons, rom the D; c The Municipal, City, District and Provincial Jail Ward the obligation to transmit to the Director of Prisons all perdneneeerta of prisoners in jails within thirty (30} days before the expiration of such prisoner’s minimum sentence. The Director of Prisons shall submit to the Board for its consideration within fifte: after receipt of aforestated records. wt1S}days a ipt One should take into consideration that due to the lack of manpower and bulk of cases that need to be reviewed, there are times that prison records and carpetas of qualified national , provincial, district, municipal and city prisoners are not transmitted to the concerned authorities within the reglementary pericd. In this regard, at any time, prisoners or any person in their behalf may file a petition for parole or executive clemency. After a review of cases of qualified inmates, the Board will issue 2 Rolerral, requesting the Parole and Probation Adminisiration to cE the following within thirty {3} days upon receipt thereof: a. Conduct Pre-Parole Investigation (Pt) b. Submit Pre-Parole Investigation Report (PPAR) Upon receipt of said reports, the Board shall assess and determine whether the petitioner is qualified for parole. If ene] offender deserves to enjoy the benefits of being placed on parole, a “Release ty °F Org Document” or specifically: known ag “Discharge on Parle” Wir be issued for the ptisoner’s temporary liberiy. However, a blatant proof that an inmate’s release on pavole will put his life and his relatives, to risk, or endanger the life of the victim and the community, then the reiease of the prisoner shall be deferred until otherwise there will be an aesurance that the danger ceasen. . ifan inmate ie not quadified, then he/she shall remain in jail or Prison and serve the sentence imposed by the court. ‘Scanned with CamScanner“Petition for Parole /Executive Clemency filed by convicted aliens who are serving sentence in the Philippines are referred for comment and recommendation to the Secretary of Foreign Affairs who shall determine insofar as it is valid and legitimate, the grant of executive clemency to a foreigner should be done. The basis of its approval shall be “Ould Pro eu0” or “something for something.”(BPP Manual 2 : ended) ————_~ The Board can always act on the case of a national prisoner regardless of where he is confined. However, if still confined in Municipal, City, District and Provincial jails, the Warden shall issue a certification that the continued confinement of the prisoner in his jail is beyond his or the prisoner’s control. * Take note that the Board does not take action on prisoners who have pending cases in court. DBD. DUTIES OF THE BOARD upon receipt of Carpeta: a. Look into the physicai, mental and morai record of 7 prisoners who are eligible for parole and determine - Mega / the prescriptive period of their release; b. Publication of names of Prisoners being considered. 9 4 laf, 0. d for parole; c. Notify the offended party; d. Review cases of prisoners eligible for parole or Executive Clemency; e. Issue referral to the Parole and Probation Administration. E. CLICMILITY FOR REVIEW of a PAROLE CAgn: Prisoner’s case is eligible for review if: 1. Inmate is serving an indeterminate sentence and the maximum sentence of which exceeds one (J) year; 2. He has served the mioimum indeterminate sentence Impose peri iod_of the on him, ‘Scanned with CamScanner3. Inmate’s conviction is final and executory. 4. Inmate has no pending criminal case. 5. Inmate is serving sentence in the national penitentiary unless confinement in a municipal, city, district, city and/or provincial jail, is justified. Disqualifications: Prisoners are disqualified for a parole if: Ac Their offenses are punishable by the death penalty, reclusion perpetua or life ioprisonayent, 2. They were convicted of treason, conspiracy, or proposal to commit treason or espionage, misprigion of ‘treason, rebellion, sedition or coup d’etat and piracy or mutiny on the high seas or Philippine waters; —s hey are habitual delinquents; <4—They escaped from confinement or evaded sentence; 5. They have been granted conditional pardon by; the President of the Philippines and shall have violated any of the terms thereof; a They have been sentenced to a sentence not to exceed one (1) year or those w ne ite Seren jose who have definite 7. Those convicted. of offen: i ose ses punished wi are elon or whose sentences woe ced i fe lo reclusion perpetua by reason of Se the AR Aet Prohibiting ith Penal ‘Scanned with CamScanner { i {