1 THERAPEUTIC MODALITIES

Chapter 7
NON-INSTITUTIONAL CORRECTIONS
(PART 1)

At the end of this chapter the student should be able to:

• Understand the Concept of Non-Institutional
Corrections.
• Gain wisdom on the concept of executive clemency
• Understand and comprehend the guidelines on the
grant of probation.

Non-institutional Corrections
It is only in the last 30 years that non-institutional or community-based
corrections have become a substantial part of the correctional system.
Non-institutional corrections embrace any activity in the community directly
aimed at helping the offender become a law-abiding citizen
It provides meaningful ties between offenders and their local environment, that is,
a genuine involvement of offenders with the local network of relationships that provides
most of the goods and services required by persons living in the community
Non-institutional or community-based correction programs began in the 1970s,
1980s, and 1990s.

What is non-institutional Correction?

The subfield of corrections in which offenders are supervised and provided
services outside jail or prison.
Non-institutional corrections as those methods of correcting sentenced offenders
without having to go to prison.
It refers to non-institutional corrections as an approach to punishment that
stresses reintegration of the offender into the
2 THERAPEUTIC MODALITIES

community through the use of local facilities. That aspect of the correctional enterprise
that includes pardon, probation, and parole activities, correctional administration not
directly connectable to institutions, and miscellaneous (activity) not directly related to
institutional care.

Community corrections includes:

 Diversion
 Restitution
 Probation
 Parole
 Halfway houses

Significance of Community-Based Corrections

Humanitarian Significance
Today's prisons are inhumane places Any person who has spent time in prison
even the newly constructed prison, knows too well that prison breeds physical jeopardy,
predatory homosexuality, violence and loss of self-worth.
Restorative Significance
The restorative aspect of community corrections concerns measures expected to
achieve an integrated, non-criminal position for the offender in the community
Managerial Significance
The managerial aspects of community-based corrections are especially
significant because of the major difference in the costs of custody and those of
community programs.

What is Executive Clemency?

Executive clemency is a disposition of the President to show mercy, especially
toward an offender or enemy. It is granted for the purpose of relieving the harshness of
the law or correcting mistakes in the administration of justice. Executive clemency is
granted the President of the Philippines as embodied in the 1987 Constitution (Article
VII, section 19).
3 THERAPEUTIC MODALITIES

What is Pardon?
A pardon is an act of grace, which exempts the individual on whom it is bestowed
from the punishment, which the law inflicts for the crime he has committed

The pardoning power is provided for in Article VII, Sec. 19 of the Philippine
Constitution as follows:
"Except in cases of impeachment, or as otherwise provided in the constitution,
the President may grant reprieve, commutation, and pardon, remit fines and
forfeitures, after final judgment."
"He shall also have the power to grant amnesty with the concurrence of a
majority of all members of the Congress"
The exercise of the pardoning power is discretionary in the President and may
not be controlled by the legislature or reversed by the courts, save only when it
contravenes the limitations set by the Constitution.

Limitations of the Pardoning Power

Pardon cannot be granted in cases of impeachment. Strictly speaking, an
impeachment proceeding is not a judicial, much less a criminal prosecution and
therefore does not essentially come under the pardoning power. However, the party
convicted in an impeachment proceeding is subject to prosecution, trial and punishment
in an ordinary criminal action and in this case can be extended a pardon.
No pardon can be granted for the violation of any Election Law, rules and
regulations without the favorable recommendation of the Commission on Election (Art.
IX, Sec. 5, Constitution). But it is to be noted in this connection that not every offense
committed on Election Day is to be considered an election offense. Hence, several
persons convicted of having committed on this day the crime of illegal possession of
firearms as punish under the Revised Administrative Code could be validly pardoned
without the necessity of a favorable recommendation of the Commission on Election.

Pardon can be granted only after conviction by final judgment

Power cannot be exercise over civil contempt. The reason is that the punishment
imposed for a civil contempt, being remedial is for the benefit of a private litigant, whose
rights have been violated by the condemner. It is not punitive or imposed in the public
interest. "But the President may pardon a person convicted of criminal contempt."
4 THERAPEUTIC MODALITIES

Pardon cannot be exercise over congressional contempt declared by resolution

of the legislative body. However, if a person is convicted under the Revised Penal Code
for disturbing parliamentary proceeding, the President may pardon him.
Kinds of Pardon
 Absolute Pardon
It is absolute pardon when the President does not impose any condition or
qualification upon the pardoner.

 Conditional Pardon
It is conditional when the President annexes to his offer of pardon any
conditions or qualification he may see fit. A conditional pardon has no effect or
force until accepted by the condemned.

Effects of Pardon
 Pardon removes the penalties and resultant disabilities imposed by law;
 Pardon restores to a person the enjoyment of his civil and political rights

Eligibility for Conditional Pardon

The petitioner must have served at least one half (1/2) of the minimum of his
indeterminate sentence or the following portions of his prison sentence;
At least two (2) years of the minimum sentence if convicted of murder, or
parricide but not sentenced to Reclusion Perpetua. At least one (1) year of the minimum
sentence if convicted of Homicide. At least nine (9) months if convicted of Frustrated
Homicide
At least six (6) months if convicted of attempted Homicide.

Eligibility for Absolute Pardon

For absolute pardon, ten (10) years must have elapsed from the date of release
of the petitioner from confinement or five (5) years from the date of expiration of his
maximum sentence, whichever is more beneficial to him.
However, the board may consider a petition for absolute pardon even before the
lapse of the aforementioned periods in special cases such as:
5 THERAPEUTIC MODALITIES

• When the petitioner is seeking reinstatement in government service.

• Needs medical treatment, which is not available locally.
• Will take a government or Bar examination Emigrating.

Prisoners not Eligible for Conditional Pardon

 If the prisoner is eligible for parole
 If the prisoner has been sentenced to another prison term within one (1) year
from the date of his last recommitment to the jail or prison from where he
escaped.
 If the prisoner is suffering from mental illness or disorder as certified by a
government psychiatrist.
 If the prisoner had violated a conditional pardon, which was previously granted
before the expiration of his maximum sentence.

REPRIEVE
A reprieve is a withdrawal or withholding of punishment for a time after conviction
and sentence and is in the nature of a stay of execution. It merely postpones the
sentence for a time. It does not and cannot defeat the ultimate execution of the
judgment of the court but merely delays it.
It may be ordered to enable the government to secure additional evidence to
ascertain the guilt of the convict or, in the case of the execution of the death sentence
upon a pregnant woman, to prevent the killing of her unborn child.
However, it must be understood that there's a difference between reprieve and
suspension of sentence. While reprieve postpones the execution of the sentence to a
certain day; suspension of sentence postpones it for an indefinite time.

Kind of Reprieve
In common law, reprieve after judgments is of three kinds, to wit:
 At the pleasure of the Crowd
 In the discretion of the court of necessity

COMMUTATION
6 THERAPEUTIC MODALITIES

It is the substitution of a lesser punishment for a greater punishment by authority

of law and may be imposed upon the convict without acceptance and against his
consent. In this respect, it differs from a pardon to the validity of which acceptance is
essential.

Effects of commutation of sentence

The commutation of the original sentence for another of a different length and
nature and shall have the legal effect of substituting the latter in the place of the former.

Eligibility for commutation of sentence

The prisoner must have served at least one - third (1/3) of the minimum of his
indeterminate sentence, or the following portions of his prison sentence consisting of
Reclusion Perpetua;
At least ten (10) years if convicted of Robbery with Homicide, Robbery with Rape
or Kidnapping with murder
At least eight (8) years if convicted of simple murder, parricide, rape, or violation
of anti - drug laws.
At least twelve (12) years if given two (2) or more sentence of reclusion perpetua.
At least twenty (20) years in case of one (1) death sentence which was
automatically commuted to Reclusion Perpetua.
At least twenty-five (25) years in case of two (2) sentence of Reclusion Perpetua;
provided one (1) of the sentences had been automatically commuted from a death
sentence.

What is Parole?
Parole is the conditional release of an offender from a correctional or penal
institution after he has served the minimum period of his prison sentence under the
continued custody of the state and under the condition that permit his re-incarceration if
he violates a condition for his release.

Objectives of the Parole system

Uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of liberty and economic usefulness
7 THERAPEUTIC MODALITIES

Individualize the administration of our criminal law with the end in view that
standardization of penalties is avoided but fitted to the individual, without prejudice to
the basic need of maintaining and protecting social order.

Eligibility of Parole
Unless disqualified, a prisoner shall be eligible for the grant of parole upon a
showing that:
 he is confined in a jail or prison to serve an indeterminate prison sentence, the
maximum period of which exceeds one year, pursuant to a final judgment of
conviction
 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 be law – abiding
 his release will not be incompatible with the interests and welfare of society.

Disqualification for Parole

1) Those convicted of an offense punished with Reclusion Perpetua
2) Those convicted of treason, conspiracy and proposal to commit treason
3) Those convicted of misprision of treason, rebellion, sedition, and espionage
4) Those convicted of piracy
5) Those who are habitual delinquents, i.e., those who within a period of ten (10)
years from the date of release from prison or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa and falsification,
are found guilty of any of said crimes a third time or oftener
6) Those who escaped from confinement or evaded sentenced
7) Those who were granted conditional pardon and violated any of the terms thereof
8) Those whose maximum term of imprisonment does not exceed one (1) year or
are with a definite sentence
9) Those suffering from any mental disorder as certified by a psychiatric report of
the Bureau of Corrections or the National Center for Mental Health
10) Those whose conviction is on appeal
8 THERAPEUTIC MODALITIES

11) Those who have pending criminal case for an offense committed while serving
sentence.

What is Probation?
It is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and under the supervision of a
probation officer.
It is a procedure wherein a sentence of offender is temporarily suspended and he
is permitted to remain in the community, subject to the control of the court and under the
supervision and guidance of a probation officer.

Probation is the status of a convicted offender during a period of

suspension of the sentence:
 Is given liberty conditioned on his good behavior
 The state, by personal supervision, attempts to assist him to maintain good
behavior. It is a privilege granted by the court to a person convicted of a crime or
criminal offense to remain with the community instead of actually going to prison.
Probation as a term derived from the Latin word "Probare," meaning "to prove".
As the term's Latin etymology states, probation involves the testing of an offender and
his proving that he is worthy of his freedom.

Two Types of Probation:

 Juvenile Probation covering offenders ages 9 and under 18 (PD 603) as
amended by RA 9344.
 Adult Probation covering ages 18 and above (PD 968).

Forerunners of Probation:
Benefits of Clergy
13th century, a compromise between the church and the King, wherein any
member of the clergy brought to trial in the king's court shall be claimed from that
jurisdiction by the bishop or chaplain representing him and placed under the authority of
the ecclesiastical court.
Judicial Reprieve
9 THERAPEUTIC MODALITIES

This is temporary suspension of the execution of sentence by the judge either

before or after judgment. Early in the 17th century, with the establishment of settlements
in America, English courts began to grant reprieves to prisoners under sentence of
death on condition that they accept deportation.
Recognizance or "binding over for good behavior"
This is the direct ancestor of probation. This involves an obligation or promise
under oath that the accused must "keep the peace" and "be of good behavior". Sureties
or bail were usually required. Usually applied to any felony not capital. This led to the
development of the first British Probation Service
Transportation
The sending or putting away of an offender to another colony. It was an attempt
to substitute for brutal punishment at home an opportunity for rehabilitation in a new
country.
John Augustus
Boston shoemaker who is considered as the "father" of Probation. The first
volunteer probation who in 1841 secured the release of a drunkard at Boston court by
acting as surety. The offender turned to be a "sober, industrious citizen" under his care.
He acted as surety for 1,115 males and 794 females and gave less formal aid to many
others the next 17years. Such volunteers became more numerous and were, in effect,
probation officers before probation had been authorized by the state.
Matthew Davenport Hill
18h century, English barrister and judge. As young professional in England, he
has witnessed the sentencing of youthful offenders to one-day terms on the condition
that they be returned to a parent or guardian who would close supervise them.
Massachusetts
The first State where the first practical demonstration of probation, the first use of
the term as a court service and the enactment of the first probation law occurred.
April 26, 1878
Signing of the first probation law by Governor Alexander H. Rice of the State of
Massachusetts. The Law provided for the appointment and prescribed the duties of a
salaried probation officer.
John Savage
First paid and official probation officer Boston in 1878.
Vermont
10 THERAPEUTIC MODALITIES

It is the second state to enact a probation law with the signing of Vermont Act of
1898. It is the first to adopt the County Plan of probation.
Vermont Act of 1898
Provided probation only after suspension of sentence of the execution of
sentence.
January 11, 1909
The first Probation Bill was introduced during the 60th congress, 2nd session by
Representative McCall of Massachusetts.
March 4, 1925
The first Federal Probation Act became law, signed by President Calvin
Coolidge.

Juvenile Probation Develops:

1899 - Minnesota and Illinois enacted laws giving probation service to children only.
Rhode Island - where the first completely state administered probation system
appeared.
New Jersey - the fourth state to pass a general probation law after the New England
model in 1900.
New York - was the fifth state to provide for adult probation. California - was the sixth
state to enact adult probation and juvenile court laws, both in 1903.
Connecticut and Michigan - next state to enact general probation law in 1903. In
Connecticut, every court was authorized to appoint one or more probation officers. The
first Act limited the use of probation to persons convicted of misdemeanors, but two
years later this limitation was removed. The first Michigan Law limited probation to first
offenders.

COMPREHENSIVE CORRECTIONAL
ADMINISTRATION HANDBOOK WITH
THERAPEUTIC MODALITIES
Renor N. Apela, MAEd, MSCJ, CSP, EORA
Virgil B. Osal, MAEd, MSCJ, CSP
JO1 Mariel C. Lucban