Non-Institutional Corrections CA 002

Correctional treatment can be divided in two elements;

a. Secured Confinement or Institutionalized Corrections and
b. Community-Based Programs or Non-Institutional Corrections Community
Corrections covers a wide variety of punishment imposed without removal of the
offender from his area of residence and employment, if any. The crux of community
corrections is supervision in the community. Community-based corrections is a
supervised program dealing with people who have been convicted or are facing
conviction. It is a non-incarceration system of correction. Include probation,
which involves offender supervision under the control of the sentencing court, and
an array of intermediate sanctions, in the form of programs that provide greater
supervision and treatment than the "traditional", probation but are less intrusive
than imprisonment. Treatment in the community is viewed as a variable alternative
to traditional correctional practices. First, it is significantly less expensive to
supervise inmates (PDL) in the community than to house them in secure
institutional facilities. Second, community-based corrections are necessary if the
prison system is not to be overwhelmed by an influx of offenders.
Third ,community-based treatment is designed so that first-time or non-serious
offenders can avoid the stigma and pains of imprisonment and be rehabilitated in
the community. One of the basic principles underlying community-based
corrections is minimization of the offender's contact with institutional
incarceration. The emphasis moves away from the dehumanizing and alienating
effects of institutionalization and mandates avoidance of use of jails, workhouses,
and prisons to an extent consistent with the protection of society. Modern
community correctional programs are invariably "soft on crime" they focus too
much on rehabilitation, to the exclusion of punishment, deterrence and
incapacitation. Community Corrections mean the subfield of corrections in which
offenders are supervised and provided services outside jail or prison. For this
season, community corrections are sometimes referred to as non-institutional
corrections. Community corrections includes programs such as diversion,
restitution, probation, parole, and various provisions for temporary release from
prison or jail. Goals of Community Corrections Programs Community corrections
programs are integrated sanctioning strategies that seek to achieve the following
goals: a. The offender is punished and held accountable. b. Public safety is
protected. c. Victims and local communities receive restitution from felons who
work in their present jobs and/or in restitution programs. d. Community service
work increases. e. Collection of court costs and fees increases due to contractual
agreements with offenders who remain in their present jobs. Popularity and
Growth of Community-based Programs Nationwide is based on Five (5) factors: a.
The programs provide closer supervision than regular probation sentences; b.
Major cost savings compared to full incarceration;
c. Flexibility for judges to sentence to community correction programs instead of
incarceration in a jail or prison; d. A more gradual re-entry into community life
after prison or jail time; and e. Less overcrowding in jails and prisons.
Community Corrections Sanctions may include: a. 24-hour residential programs
which provide a structured living environment for offenders who require
supervision when not working or looking for employment; b. Non-residential drug
and alcohol treatment programs; c. Electronic monitoring of offenders placed on
home detention (offenders must wear bracelets that allow parole officials to
monitor their movement); d. Diagnostic evaluation and counselling ordered by the
court as part of a pre- sentence process; e. Pre-trial intervention which provides
close supervision and support services to selected offenders prior to trial; f.
Community service programs; g. Day reporting canters where offenders are
required to discuss the progress of their job search and daily activities with parole
officials; and h. Mandatory education programs. Temporary Release of Detained
Person When a person is arrested or otherwise deprived of his/her liberty for the
alleged commission of an offense, he may avail of the legal remedies provided and
guaranteed by the constitution, statutes and the rules of court for his/her temporary
release. These include the application for bail or recognizance andhabeas
[Link] the accused is already convicted or serving the penalty imposed by
the trial court, there are however legal remedies also for the convict to regain
his/her liberty by virtue of or grant of pardon, amnesty, parole, probation, etc.,
subject to limitations and conditions of the issuing authority. Meaning of
Detention/Custodial Center, Detainee and Detention Prisoner Detentionas defined
by the Philippine National Police is a restraint of personal liberty or deprivation of
freedom of action in any significant manner. (PNP Operational Procedure 2010,
p.85) Detaineeas defined by Bureau of Jail Management and Penology (BJMP)
refers to a person who is accused before a court or competent authority and is
temporarily confined in jail while undergoing or awaiting investigation, trail or
final judgment. (BJMP Manual Revised 2007, p143) Detention Prisonerrefers to a
person arrested due to the commission of a crime/offense by the arresting unit for
custodial investigation. It likewise includes a person arrested for crimes, which are
heinous in nature, against national security and high-profile crimes. (PNP
Operational Procedure 2010, p85) Basis of Temporary Release of a Detained
Person Under the 1987 Philippine Constitution:The 1987 Philippine Constitution
allows two (2) modes by which a person under custody may be released
temporarily from detention before conviction of the offense charged- (1) Bail,and
(2) Release on Recognizanceas may be provided by law, to wit; "ART. III, Section
[Link] persons, except those charged with offenses punishable byreclusion
perpetuawhen evidence of guilt is strong shallbefore conviction, be bail able by
sufficient sureties or be released on recognizance as may be provided by [Link]
right to bail shall not be impaired even when the privilege of writ of habeas corpus
is suspended. Excessive bail shall not be required.
Under the Rules of Court:Rules 102 of the Rules of Courtprovides forHabeas
Corpusa speedy and effectual remedy to relieve a person from unlawful restrain
and will therefore issue when someone is deprived of liberty. TheRules on Bailare
intended to secure a faithful implementation of the constitutional right to bail and
is governed byRule 114of the1985 Rules of Courtas [Link] Revised Rules
on Criminal Procedurecovering Rules 110-127 of the Rules of Court was
approved onOctober 3, 2000to take effect onDecember 1, 2000 following its
Official Publication in the Official Gazette and two newspapers of general
circulation not later than October 31, 2000. (A.M. No. 00-5-03-SC; Re: Proposed
Revised Rules of Criminal Procedure (Rules 110-127, Rules of Court) Definition,
Concept and Purpose of Bail Bailis the security given for the release of a person in
custody of the law furnished by him or a bondsman to guarantee his appearance
before any court as required under the conditions hereinafter specified. Bail may be
given in the form of corporate surety, property bond, cash deposit or recognizance.
(Sec. 1, Rule 114 Rules of Court) The purpose of requiring bail is to relieve an
accused from imprisonment until his conviction and yet secure his appearance at
the trial. The right to bail is granted because in all criminal prosecutions the
accused is presumed innocent as stated in Section 14(2) of the Article III, Bill of
Rights. (Almeda vs Villaluz, 66 SCRA 38 (1975) Different Forms of Bails Bail
Bondis an obligation given by the accused with one or more sureties with the
condition to void upon the performance by the accused of such acts as he may be
legally required to [Link] may give in the form of: [Link] Surety or
"Surety Bond"-Any domestic or foreign corporation licensed as a surety in
accordance with law and currently authorized to act as such may provide bail by a
bond subscribed jointly by the accused and an officer of the corporation duly
authorized by its board of directors. Take note thatcorporate surety is considered as
the jailer or custodian of the accusedand his obligation is to produce the body of the
accused whenever so required. Failure to do so is a violation of the condition of the
bond. Failing in this respect, forfeiture of the bail bond is proper. [Link]
Bond-A property bond is an undertaking constituted as lien on the real property
given as security for the amount of the bail. Within ten (10) days after the approval
of the bond the accused shall cause the annotation of the lien on the certificate of
title on file with the Registry of Deeds if the land is registered or if unregistered in
the Registration Book on the space provided therefor in the Registry of Deeds for
the province or city where the land lies and on the corresponding tax declaration in
the office of the provincial, city and municipal assessor concerned. [Link] Deposit
or "Cash Bond" -The accused or any person acting in his/her behalf may deposit in
cash with the nearest collector of internal revenue or provincial, city or municipal
treasurer or the clerk of court where the case is pending, the amount of bail fixed
by the court or recommended by the prosecutor who investigated or filed the case.
Upon submission of a proper certificate of deposit and a written undertaking
showing compliance with the requirements of Section 2 of the Rule, the accused
shall be discharge from custody. The money deposited shall be considered as bail
and applied to the payment of fine and costs while the excess, if any shall be
returned to the accused or to whoever made the deposit. [Link]-
Whenever allowed by the law or the Rule, the court may release a person in
custody to his own recognizance or that of a responsible person. (Sec. 15, Rule 114,
Rule of Court)
Within the same period, the accused shall submit to the court his compliance and
his failure to do so shall be sufficient cause for the cancellation of the property bond
and his/her re-arrest and detention.