CORRECTION ADMINISTRATION
I. Basic Definition of Terms:
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 offender 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 with out 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.
II. Correction and the Criminal Justice System
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 Pillar, 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.
III. Historical Perspective on Corrections
Important Dates and Events in the History of Corrections:
13th Century – Securing Sanctuary
In the 13th C, a criminal could avoid punishment by claiming refugee in a church
for a period of 40 days at the end of which time he has compelled to leave the realm by a
road or path assigned to him.
1468 (England) – Torture as a form of punishment became prevalent.
16th Century – Transportation of criminals in England, was authorized. At the end of the
16th C, Russia and other European Countries followed this system. It partially relieved
overcrowding of prisons. Transportation was abandoned in 1835.
17th C to late 18th C – Death Penalty became prevalent as a form of punishment.
Reasons why Death Penalty became the usual
Punishment during this period and thereafter:
1. Death of outlaws became a “protection for the English people”. It is because the
people during this period did not totally believe yet in the ability to a strong police force to
combat criminals.
2. People lack confidence in the transportation of criminals. Gaols and Galleys
became center of corruption and ineffective instruments of punishment.
3. Doctrine of Crude Intimidation appeared or seemed to be a logical form of threat
in order to deter or prevent the people from violating the law.
4. The assumption was that, the Ruling Class is tasked to protect property rights
and maintain public peace and order. The system of maintaining public order had little
consideration or it did not recognize the social and economic condition of the lower
working class. The lawmakers and enforcers used death penalty to cover property loss or
damage with out further contemplating the value of life of other people.
GAOLS - (Jails) – pretrial detention facilities operated by English Sheriff.
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 18th and 19th
century. These were abandoned warships converted into prisons as means of relieving
congestion of prisoners. They were also called “floating hells”.
The Primary Schools of Penology
1. The Classical School – it maintains the “doctrine of psychological hedonism” or
“free will”. That the individual calculates pleasures and pains in advance of action and
regulates his conduct by the result of his calculations.
2. The Neo-classical School – it maintained that while the classical doctrine is correct
in general, it should be modified in certain details. Since children and lunatics cannot
calculate the differences of pleasures from pain, they should not be regarded as
criminals, hence they should be free from punishment.
3. The Positivist/Italian School – the school that denied individual responsibility and
reflected non-punitive reactions to crime and criminality. It adheres that crimes, as any
other act, is a natural phenomenon. Criminals are considered as sick individuals who
need to be treated by treatment programs rather than punitive actions against them.
The Primitive Society
In the beginning of civilization, acts are characterized by behavioral controls
categorized as: forbidden acts, accepted acts, and those acts that are encouraged.
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.
Encourage acts are anything approved by the majority which is believed to be
beneficial to the common good. These things include marrying, having children, crop
production, growing food, etc
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.
Redress (Compensation) of a wrong act
Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to any one
(in the primitive society). The concept of personal revenge by the victim’s family or tribe
against the family or tribe of the offender, hence “blood feuds” was accepted in the early
primitive societies.
Fines and Punishment – Customs has exerted effort and great force among
primitive societies. The acceptance of vengeance in the form of payment (cattle, food,
personal services, etc) became accepted as dictated by tribal traditions. As tribal leaders,
elders and later kings came into power, they begun to exert their authority on the
negotiations. Wrongdoers could choose to stay away from the proceedings (Trial by
ordeal) but if they refuse to abide by the law imposed, they will be declared to be an
outlaw.
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)
1. Babylonian and Sumerian Codes
a. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC,
credited as the oldest code prescribing savage punishment, but in fact, Sumerian codes
were nearly one hundred years older.
2. Roman and Greek Codes
a. Justinian Code– 6th C A.D. , Emperor Justinian of Rome wrote his code of law.
An effort to match a desirable amount of punishment to all possible crimes. However, the
law did not survive due to the fall of the Roman Empire but left a foundation of Western
legal codes.
* 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.
b. 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.
Early Codes (Philippine Setting)
The Philippines is one of the many countries that cane under the influence of the
Roman Law. History has shown that the Roman Empire reached its greatest extent to
most of continental Europe such as Spain, Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became effective in the Philippines on
December 7, 1889, the “Conquistadores” and the “Kodigo Penal”(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 includes:
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. It
was converted into a state prison and became the first American Penitentiary.
Early prisons in the Philippines:
During the Pre-Spanish period, prison system in the Philippines was tribal in
nature. Village chieftains administered it. It was historically traced from the early written
laws.
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”.
IV. THE EMERGENCE OF SECULAR LAW
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.
Three Laws were distinguished:
1. External Law (Lex Externa)
2. Natural Law (Lex Naturalis)
3. Human Law (Lex Humana)
All these laws are intended for the common good, but the Human law only
become 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 involve pain and suffering.
- It is also the penalty imposed on an offender for a crime or wrongdoing.
Ancient Forms of Punishment:
1. Death Penalty – affected by burning, beheading, hanging, breaking at the
wheels, pillory and other forms of medieval executions.
2. Physical Torture – affected by maiming, mutilation, whipping and other
inhumane or barbaric forms of inflicting pain.
3. Social Degradation – putting the offender into shame or humiliation.
4. Banishment or Exile – the sending or putting away of an offender which was
carried out either by prohibition against coming into a specified territory such as an island
to where the offender has been removed.
5. Other similar forms of punishment like transportation and slavery.
Early Forms of Prison Discipline:
1. Hard Labor - productive works.
2. Deprivation – deprivation of everything except the bare essentials of existence
3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to
perform drab or boring daily routine.
4. Uniformity – “ we treat the prisoners alike”. “ the fault of one is the fault of all”.
5. Mass Movement – mass living in cell blocks, mass eating, mass recreation,
mass bathing.
6. Degradation – uttering insulting words or languages on the part of prison staff
to the prisoners to degrade or break the confidence of prisoners.
7. Corporal Punishment – imposing brutal punishment or employing physical
force to intimidate a delinquent inmate.
8. Isolation or Solitary Confinement – non-communication, limited news, “ the lone
wolf”.
Contemporary Forms of Punishment:
1. Imprisonment – putting the offender in prison for the purpose of protecting the
public against criminal activities and at the same time rehabilitating the prisoners by
requiring them to undergo institutional treatment programs.
2. Parole - a conditional release of a prisoners after serving part of his/her
sentence in prison for the purpose of gradually re-introducing him/her to free life under
the guidance and supervision of a parole officer.
3. Probation – a disposition whereby a defendant after conviction of an offense,
the penalty of which does not exceed six years imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a probation
officer.
4. Fine – an amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25-kilometer perimeter.
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 can not 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 can not 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.
VI. THE AGE OF ENLIGHTENMENT
18th Century is a century of change. It is the period of recognizing human dignity. It
is the movement of reformation, the period of introduction of certain reforms in the
correctional field by certain person, gradually changing the old positive philosophy of
punishment to a more humane treatment of prisoners with innovational programs.
The Pioneers:
1. 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.
2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de
Montesiquieu)
- (1689- 1755) A French historian and philosopher who analyzed law as an
expression of justice. He believe that harsh punishment would undermine morality and
that appealing to moral sentiments as a better means of preventing crime.
3. VOLTAIRE (Francois Marie Arouet)
- (1694- 1778) He was the most versatile of all philosophers during this
period. He believes that fear of shame was a deterrent to crime. He fought the
legality-sanctioned practice of torture.
4. Cesare Bonesa, Marchese de Beccaria (1738-1794)
- He wrote an essay entitled “An Essay on Crimes and Punishment”, the
most exiting essay on law during this century. It presented the humanistic goal of law.
5. Jeremy Bentham (1748-1832) – the greatest leader in the reform of English
Criminal law. He believes that whatever punishment designed to negate whatever
pleasure or gain the criminal derives from crime, the crime rate would go down.
- Bentham was the one who devise the ultimate PANOPTICAN PRISON – a
prison that consists of a large circular building containing multi cells around the
periphery. It was never built.
6. John Howard (1726 – 1790) – the sheriff of Bedsfordshire in 1773 who devoted
his life and fortune to prison reform. After his findings on English Prisons, he
recommended the following: single cells for sleeping - segregation of women -
segregation of youth - provision of sanitation facilities - abolition of fee system by which
jailers obtained money from prisoners.
The Reformatory Movement:
1. Alexander Mocanochie – He is the Superintendent of the penal colony at
Norfolk Island in Australia (1840) who introduced the “Mark System”. A 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 a ticket for leave or conditional release which is similar to
parole.
2. Manuel Montesimos – The Director of Prisons in Valencia Spain (1835) who
devided the number of prisoners into companies and appointed certain prisoners as petty
officers in charge, which allowed good behavior to prepare the convict for gradual release.
3. Domets of France – established an agricultural colony for delinquent boys in
1839 providing housefathers as in charge of these boys.
4. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the
Borstal Institution for young offenders. The Borstal Institution is considered as the best
reform institution for young offenders today.
5. Walter Crofton – He is the Director of the Irish Prison in 1854 who introduced
the Irish system that was modified from the Mocanochie’s mark system.
6. Zebulon Brockway – The Director of the Elmira Reformatory in New York (1876)
who introduced certain innovational programs like the following: training school type -
compulsory education of prisoners - casework methods - extensive use of parole -
indeterminate sentence
* The Elmira Reformatory is considered forerunner of modern penology because it had all
the elements of a modern system.
The Two Rival Prison System in the History of Correction
A. The Auburn Prison System – the prison system called the “Congregate
System”.
- The prisoners are confined in their own cells during the night and
congregate work in shops during the day. Complete silence was enforced.
B. The Pennsylvania Prison System – the prisons system called “Solitary System”.
- Prisoners are confined in single cells day and night where they lived, they
slept, they ate and receive religious instructions. Complete Silence was also enforced.
They are required to read the Bible.
VII. PENALTY and THE MODERN PERIOD OF CORRECTION
PENALTY is defined as the suffering inflicted by the state against an offending
member for the transgression of law.
Juridical Conditions of Penalty
Punishment must be:
1. Productive of suffering – without however affecting the integrity of the human
personality.
2. Commensurate with the offense – different crimes must be punished with
different penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-abiding
citizens.
Duration of Penalties
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life imprisonment, a term of 20-40 yrs imprisonment
3. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
4. Prision Mayor – 6 yrs and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1 day to 6 months
7. Arresto Menor – 1 day to 30 days
8. Bond to Keep the Peace – discretionary on the part of the court.
The modern Period of Correction
Modern Penal Management incorporates general principles of treating offenders
that are based on humane practices such as the following:
1. Jail or Prison rules shall be applied impartially without discrimination on
ground of race, color, language, religion or other opinion, national or social
origin, property, birth or other status.
2. The religious beliefs and moral precepts not contrary to law, which a prisoner
holds, must be respected.
3. Prison or Jail rules and regulations shall be applied with firmness but tempered
with understanding.
4. Custodial force shall, at all times, conduct themselves as good examples.
5. Abusive or indecent language to prisoners shall not be used.
6. Special care towards inmates shall be practiced preventing humiliation or
degradation.
7. No use of force must be made by any of the custodial force, except in
self-defense or attempt to escape or in case of passive physical resistance to a lawful
order.
8. Custodial force shall bear in mind that prisoners are sick people who need
treatment.
THE PHILIPPINE PRISON SYSTEM
I. Bureau of Corrections
Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292
passed during the Aquino Administration. It states that the head of the Bureau of
Corrections is the Director of Prisons who is appointed by the President of the Philippines
with the confirmation of the Commission of Appointments.
The Bureau of Corrections has general supervision and control of all national
prisons or penitentiaries. It is charged with the safekeeping of all Insular Prisoners
confined therein or committed to the custody of the Bureau.
Coverage of the Bureau of Corrections
a. National Bilibid Prisons (Muntinlupa, Rizal)
- New Bilibid Prisons (Main Building)
- Camp Sampaguita
- Camp Bukang Liwayway
b. Reception and Diagnostic Center (RDC)
c. Correctional Institution for Women (Mandaluyong)
d. The Penal Colonies:
- Sablayan Penal Colony and Farm (Occ. Mindoro)
- Iwahig Penal Colony and Farm (Palawan)
- Davao Penal Colony and Farm (Central Davao)
- San Ramon Penal Colony and Farm (Zamboanga)
- Ilo-Ilo Penal Colony and Farm (Ilo-Ilo Province)
- Leyte Regional Prison (Abuyog Leyte)
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 –
General Classification of Prisoners
1. Detention Prisoners – those detained for investigation, preliminary hearing, or
awaiting trial. A detainee in a lock up jail. They are prisoners under the jurisdiction of
Courts.
2. Sentenced Prisoners – offenders who are committed to the jail or prison in
order to serve their sentence after final conviction by a competent court. They are
prisoners under the jurisdiction of penal institutions.
3. Prisoners who are on Safekeeping – includes non-criminal offenders who are
detained in order to protect the community against their harmful behavior. Ex. Mentally
deranged individuals, insane person.
Classification of Sentenced Prisoners:
1. Insular or National Prisoners
- Those sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment.
- Those sentenced to suffer a term of imprisonment cited above but
appealed the judgement and unable to file a bond for their temporary liberty.
2. Provincial Prisoners
- Those persons sentenced to suffer a term of imprisonment from 6
months and 1 day to 3 years or a fine not more than 1,000 pesos, or both; or
- Those detained therein waiting for preliminay investigation of their
cases cognizable by the RTC.
3. City Prisoners
- Those sentenced to suffer a term of imprisonment from 1 day to 3 years
or a fine of not more than 1,000 pesos or both.
- Those detained therein whose cases are filed with the MTC.
- Those detained therein whose cases are cognizable by the RTC and under
Preliminary Investigation.
4. Municipal Prisoners
- Those confined in Municipal jails to serve an imprisonment from 1 day to
6 months.
- Those detained therein whose trials of their cases are pending with the
MTC.
Classification of Prisoners According to Degree of Security:
1. Super Maximum Security Prisoners
- A special group of prisoners composed of incorrigible, intractable, and
highly dangerous persons who are the source of constant disturbances even in a
maximum security prison.
- They wear orange color of uniform.
2. Maximum Security Prisoners
- The group of prisoners whose escape could be dangerous to the public or
to the security of the state.
- It consist of constant troublemakers but not as dangerous as the super
maximum-security prisoners. Their movements are restricted and they are not allowed to
work outside the institution but rather assigned to industrial shops with in the prison
compound.
- They are confined at the Maximum Security Prison (NBP Main Building),
they wear orange color of uniform.
- Prisoners includes those sentenced to serve sentence 20 years or more,
or those whose sentenced are under the review of the Supreme Court, and offenders who
are criminally insane having severe personality or emotional disorders that make them
dangerous to fellow offenders or staff members.
3. Medium Security Prisoners
- Those who can not be trusted in open conditions and pose lesser danger
than maximum-security prisoners in case they escape.
- It consist of groups of prisoners who maybe allowed to work outside the
fence or walls of the penal institution under guards or with escorts.
- They occupy the Medium Security Prison (Camp Sampaguita) and they
wear blue color of uniforms. Generally, they are employed as agricultural workers.
- It includes prisoners whose minimum sentence is less than 20 years and
life-sentenced prisoners who served at least 10 years inside a maximum security prison.
4. Minimum Security Prisoners
- A group of prisoners who can be reasonably trusted to serve sentence
under “open conditions”.
- This group includes prisoners who can be trusted to report to their work
assignments without the presence of guards.
- They occupy the Minimum Security Prison (Camp Bukang Liwayway) and
wear brown color uniforms.
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.
II. Provincial Jails
Provincial Jails in the Philippines are not under the jurisdiction of the Bureau of
Corrections. They are managed and controlled by the provincial government.
III. Bureau of Jail Management and Penology (BJMP)
The BJMP exercises supervision and control over all cities and municipal jails
throughout the country. The enactment of Republic Act no. 6975 created the BJMP. It
operates as a line bureau under the Department of the Interior and Local Government
(DILG).
Mission of the BJMP: The Jail Bureau shall direct, supervise and control the
administration and operation of all district, city and municipal jails to effect a better
system of jail Management nationwide.
Objectives of the BJMP:
1. To improve the living conditions of the offenders in accordance with the
accepted standards set by the United Nations.
2. To enhance rehabilitation and reformation of offenders in preparation for their
eventual reintegration into the mainstream of society upon their release.
3. To professionalize jail services.
Principles of the BJMP:
1. It is the obligation of jail authorities to confine offenders safely and provide
rehabilitative programs that will negate criminal tendencies and restore their positive
values to make them productive and law abiding citizens.
2. No procedure or system of correction shall deprive any offender of hope for his
ultimate return to the fold of the law and full membership in society.
3. Unless provided otherwise, any person accused of a criminal offense shall be
presumed innocent and his rights, as a free citizen shall be respected, except for such
indispensable restraints during his confinement in the interest of justice and public
safety.
4. Offenders are human beings entitled to the same basic rights and privileges
enjoyed by citizens in a free society, except that the exercise of these rights are limited or
controlled for security reasons.
5. Health preservation and prompt treatment of illness or injury is a basic right of
every person confined in jail and it is the duty of jail facilities to arrange for their treatment
subject to security measures.
6. Members of the custodial force shall set themselves as examples by performing
their duties in accordance with the rules and respect the laws duly constituted by
authorities.
7. No jail personnel shall be abusive, insulting, indecent languages on the
offenders.
8. No jail personnel shall use unnecessary force on offenders except for legitimate
self-defense or in cases of attempted active and passive physical resistance to a lawful
order.
9. No penalty shall be imposed upon any offender for violation of rules/regulations
unless in accordance with duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no
physical punishment shall be employed as a correctional measure.
11. Members of the custodial force must understand that offenders need
treatment and counseling and the primary purpose of confinement is for safekeeping and
rehabilitation.
12. When conducting routinary custodial guarding, the ratio of 1:7, or one guard for
every 7 offenders shall be observed.
13. When the offender is in transit, the ratio of 1:1+1 for every offender shall be
observed. In case of high-risk offender that demands extra precaution additional guards
shall be employed. This manning level shall be national in scope for effective jail
administration.
Powers, Functions and Organization of the BJMP
A. Powers:
The Bureau shall exercise supervision and control over all districts, city and
municipal jails to ensure a secured, clean, sanitary and adequately equipped jail for the
custody and safekeeping of city and municipal prisoners, any fugitive from justice or
persons detained awaiting investigation or trial and/or transfer to the National
Penitentiary, and any violent, mentally ill person who endangers himself or the safety of
others.
B. Functions:
Inline 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.
C. Organization and Key Positions in the BJMP:
The BJMP, also referred to as the Jail Bureau, was created pursuant to Section 60,
R.A. no. 6975, and initially consisting of uniformed officers and members of the Jail
management and Penology service as constituted under P.D. no. 765.
The Bureau shall be headed by a chief with the rank of Director, and assisted by a
Deputy Chief with the Rank of Chief Superintendent.
The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3
Command Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6 Personal
Staff Groups namely:
1. Command Group
- Chief, BJMP
- Deputy C/BJMP
- Chief of Staff
2. Coordinating Staff Groups
- Administrative Division
- Operations Division
- Logistics Division
- Finance Management Division
- Research Plans and Programs Division
- Inspection and Investigation Division
3. Special Staff Groups
- General Services Unit
- Health Services Unit
- Chaplain Services Unit
- Community Services Unit
- Finance Services Unit
- Hearing Office
4. Personal Staff Groups
- Aide-de-Camp
- Intelligence Office
- Public Information Office
- Legal Office
- Adjudication Office
- Internal Audit
Regional Office:
At the Regional Level, each Region shall have a designated Assistant
regional Director for Jail management and Penology.
Provincial Level:
In the Provincial Level, there shall be designated a Provincial Jail
Administrator to perform the same functions as the ARDs 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:
RANK POSITION/TITLE APPOINTING AUTHORITY
Director Chief of the BJMP Secretary of DILG
C/ Supt. Deputy C/BJMP same
Sn. Supt. Asst. Regional Dir. same
Supt. Asst. Regional Dir. same
Chief Insp. Warden Under Secretary
Sn. Insp. Warden same
Inspector Warden same
SJO 4 to Jail Guards Chief of the BJMP
JO1
Duties and Responsibilities:
A. WARDEN
- Direction, Coordination, and Control of the Jail
- Responsible for the:
* Security, safety, discipline and well being of inmates
- The office of the warden may organize the following units:
1. Intelligence and Investigation Team
– It gathers, collates and submits intelligence information to the office
of the warden on matter regarding the jail condition.
2. Jail Inspectorate Section
- Inspect jail facilities, personnel, prisoners and submit reports to the
warden.
3. Public Relation Office
- Maintain public relation to obtain the necessary and adequate public
support.
B. 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.
1. Personnel Management Branch
- Assignment of personnel
- Procedures of selection
- Preparation of personnel reports
- Individual record file
2. Records and Statistics Branch
- Keep and maintain booking sheets and arrest reports
- Keep an orderly record of fingerprints and photographs
- Present/ Prepare statistical data of inmates
3. Property and Supply Branch
- Take charge of the safekeeping of equipments and supplies
and materials needed for the operation of the jail.
4. Budget and Finance Branch
- Take charge of all financial matters such as budgeting, financing,
accounting, and auditing.
5. Mess Service Branch
- Take charge of the preparation of the daily menu, prepares and cook the
food and serve it to inmates.
6. 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.
7. 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.
E. REHABILITATION PURPOSES GROUPS:
- 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 religious 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.
THE RECEPTION AND DIAGNOSTIC CENTER (RDC)
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.
It is composed of the following staff members:
1. The Psychiatrist – responsible in the examination of the prisoner’s mental and
emotional make-up.
2. The Psychologist – responsible to conduct study on the character and behavior of the
prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes in order to change
inmates’ attitude towards education and recommends educational program for the
prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest and skills
and recommends for the vocational course best suited to the prisoner.
6. The Chaplain – encourage the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends medical
treatment of prisoners.
8. Custodial-Correctional Officer – recommends the transfer and type of custody of
inmates.
THE QUARANTINE CELL OR UNIT
This may be a unit of the prison or a section of the RDC where the prisoner is given
thorough physical examination including blood test, x-rays, vaccinations and immunity.
This is for the purpose of insuring that the prisoner is not suffering from any contagious
disease, which might be transferred to the prison population.
ADMISSION PROCEDURES IN PRISON
1. RECEIVING – the new prisoner is received at the RDC. The new prisoner usually
comes from a provincial or city jail where he was immediately committed upon conviction
by the court, and escorted by the escort platoon during his transfer to the National Prison.
2. CHECKING OF COMMITMENT PAPERS – the receiving officer checks the
commitment papers if they are in order. That is, if they contain the signature of the judge
or the signature of the clerk of court, and the seal of the court.
3. IDENTIFICATION – the prisoner’s identity is established through the picture and
fingerprint appearing in the commitment order. This is to insure that the person being
committed is the same as the person being named in the commitment order.
4. SEARCHING – this step involves the frisking of the prisoner and searching his
personal things. Weapons and other items classified as contraband are confiscated and
deposited to the property custodian. Other properties are deposited with the trust fund
officer under recording and receipts.
5. BRIEFING AND ORIENTATION – the prisoner will be brief and oriented on the
rules and regulations of the prison before he will be assigned to the RDC or the quarantine
unit.
THE TREATMNENT PROGRAMS
A. The Institutionalized Treatment Programs
1. Prison Education – the cornerstone of rehabilitation. It is the process or result
of formal training in school or classrooms intended to shape the mind and attitude of
prisoners towards good living upon their release.
2. Work Programs – these are programs conducive to change behavior in morale
by training prisoners for a useful occupation. It is purposely to eliminate idleness on the
part of prisoners, which may contribute to “Prison stupor”, and it affects the incidence of
Prison riot.
3. Religious Services in Prison - The purpose of this program is to change the
attitudes of inmates by inculcating religious values or belief.
4. Recreational Programs - The only program that is conducted during free time
schedule.
5. Medical and Health Services - Medical and health services includes: Mental
and physical examination - Diagnosis and treatment – Immunization –
Sanitary - inspections - Participation in training
6. Counseling and Casework
B. Community-Based Treatment Programs
Forms of Community-Based Programs
1. PROBATION – It is a disposition whereby a defendant, after conviction of an offense,
the penalty of which does not exceed 6 years of imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a probation
officer.
Probation is a substitute for imprisonment, the probationer is compared to an
out-patient, a sick person who does not need to be hospitalized because his illness is
considered less serious.
Presidential Decree 968 otherwise known as the “Philippine Probation Law”
approved and took effect on July 24, 1976. Section 18, PD 968 as amended states the
creation of Probation Administration under the DOJ, which shall exercises general
supervision over all probationers.
2. PAROLE
Parole is the process of suspending the sentence of a convict after having served
the minimum of his sentence without granting him pardon, and prescribing the terms
upon which the sentence shall be suspended. (Cirilo Tradio).
It is a decision by an authority constituted accordingly by statute to determine the
portion of the sentence, which the inmate can complete outside of the institution. It is the
status of serving the remainder of the sentence of a convict in the community in
accordance with the rules and regulations set-up by the Board of Parole. (Correctional and
Parole Administration).
* Parole is not a reward per se for good behavior but rather, it is a follow-up of his
institutional program.
* Parole is not claimed as a right but it is granted by the Board as a privilege to a qualified
prisoner.
The Board of Pardons and Parole (BPP)
A quasi-judicial body which was created under Act no. 4103 otherwise known as
the Indeterminate Sentence Law or the Parole Law, the agency that grants parole to any
prisoner who is qualified to enjoy its benefit.
It employs the service of Parole Officers in providing supervision and guidance to
parolees.
Who are disqualified for Parole?
1. Those prisoners who are sentenced with capital punishment or life
imprisonment,
2. Those who are convicted of treason, conspiracy or proposal to commit treason,
misprision of treason, rebellion, sedition or piracy,
3. Habitual Offenders,
4. Those who escaped from confinement or evaded sentence,
5. Those who have been granted with conditional pardon but violated the terms
and conditions thereof, and
6. Those prisoners who are serving a maximum term of imprisonment not
exceeding one year.
3. CONDITIONAL PARDON
Conditional pardon serves the purpose of releasing, through executive clemency, a
prisoner who is already reformed or rehabilitated but who can not be paroled because the
parole law does not apply to him.
Distinction of Parole from Probation
Parole: Probation:
1. An administrative function exercised 1. It is a judicial function
by the executive branch of government
2. Granted to a prisoner only after he 2. Granted to an offender
has served minimum of his sentenced. Immediately after conviction in prison
3. It is an extension of institutional 3. It is a substitute for
treatment program. imprisonment.
4. It is granted by the BPP 4. It is granted by the court
5. Parolee is supervised 5. Probationer is supervised
by a Parole Officer by a Probation Officer.
Forms of Executive Clemencies
Commutation – an act of the president changing/ reducing a heavier sentence to a lighter
one or a longer term into a shorter term. It may alter death sentence to life sentence or life
sentence to a term of years. It does not forgive the offender but merely to reduce the
penalty pronounced by the court.
Reprieve – a temporary stay of the execution of sentence especially the execution of the
Death Sentence. Generally, reprieve is extended to prisoners sentenced to death. The date
of execution of sentenced is set back several days to enable the Chief to study the
petition of the condemned man for commutation of sentenced or pardon.
Pardon – an act of grace extended to prisoners as a matter of right, vested to the Chief
Executive (The President) as a matter of power.
Two Kinds of Pardon
a. Conditional Pardon – a pardon given with requirements attached.
b. Absolute Pardon – a pardon given without any condition attached.
Can the Offended Party grant Pardon?
- Yes, the offended party can grants pardon.
Distinction of the pardon by the Offended Party
And Pardon Granted by the President
1. Pardon granted by the Chief Executive extinguishes the criminal liability of the offender,
but not in the pardon granted by the offended party.
2. Pardon granted by the Chief Executive does not include civil liability, which the offender
must pay, while pardon granted by the offended party can waive the civil liability, which
the offender must pay.
3. Pardon granted by the offended party should be given before the prosecution of the
criminal action, whereas pardon by the Chief Executive may be extended to any of the
offenders after conviction.
Distinction between Amnesty and Pardon
Pardon – includes any crime and is exercised individually by the President. It is exercised
when the person is already convicted. It looks forward and forgives the offender from the
consequences of an offense of which he has been convicted, that is it abolishes or
forgives the punishment.
Amnesty – a general pardon extended to a class of persons or community who may be
guilty of political offenses. It may be exercised even before trial or investigation. It looks
backward and puts into oblivion the crime that has been committed. It is proclamated by
the President with the concurrence of congress.
INSTITUTIONAL CUSTODY, SECURITY AND CONTROL
I. Diversification: Concept and Importance
Diversification is an administrative device of correctional institutions of providing
varied and flexible types of physical plants for the more effective custody, security and
control of the treatment programs of its diversified population.
II. The Classification Process
Classification is a method by which diagnosis, treatment planning and execution
of the treatment programs are coordinated in the individual case study. It is a process of
determining the needs and requirement of prisoners for assigning them to programs
according to their needs and existing resources.
III. PRISON Security, Custody and Control
Security – It involves safety measures to maintain the orderliness and discipline with in
the jail or prison.
Prison Discipline – is the state of good order and behavior. It includes
maintenance of good standards of works, sanitation, safety, education, health and
recreation. It aims at self-reliance, self control, self respect and self discipline.
Preventive Discipline – is the prompt correction of minor deviations committed by
prisoners before they become serious violations.
Control – It involves supervision of prisoners to ensure punctual and orderly movement
from one place work program or assignment to another.
Custody – is the guarding or penal safekeeping, it involves security measures to insure
security and control with in the prison. The Prison Custodial Division carries it out.
PENAL PROVISIONS ON CORRECTION
I. Philippine Correctional Philosophies and their Legal Basis
A. The Philippine Constitution of 1997
1. The state values the dignity of every human person and guarantees full respect
for human rights. (Sec 11, Art. II)
2. No person shall be detained solely by reason of his political beliefs and
aspirations. (Sec 18 (1), Art. III)
3. No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been fully convicted. (Sec. 18 (2), Ibid.)
4. Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. x x x (Sec. 19 (2). Ibid.)
5. The employment of physical, psychological, or degrading punishment against
any prisoner or the use of substandard or inadequate penal facilities under subhuman
conditions shall be dealt by law.
(Sec.19 (2), Ibid.)
B. The Revised Penal Code
“No felony shall be punishable by any penalty not prescribed by law prior to its
commission”. (Art. 21, RPC)
C. The Philippine Probation Law (P.D. No. 968)
x x x one of the major goals of the government is to established a more
enlightened and humane correctional system that will promote the reformation of
offenders and thereby reduce the incidence of recidivism.
x x x the confinement of all offenders in prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial resources of the
country.
x x x there is a need to provide a less costly alternative to the imprisonment of the
offenders who are likely to respond to individualized, community-based treatment
programs.
D. Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)
1. The purpose of committing a prisoner to prison is two-fold:
a. To segregate from society a person who by his acts has proven himself
a danger to the free community;
b. To strive at the correction or rehabilitation of the prisoner with the hope
that upon his return to society he shall be able to lead a normal well adjusted and self
supporting life as a good and law abiding citizen.
2. There is no man who is all bad and there is something good in all men. (Art. I)
II. Penal Provisions
Delay in the Delivery of Detained Persons to the Proper Judicial Authorities.
(Art 125, RPC), A felony committed by a public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the proper
judicial authorities with in the period of:
12 hours – for crimes or offenses punishable by light penalties,
18 hours – for crimes or offenses punishable by correctional penalties,
36 hours – for crimes or offenses punishable by afflictive or capital penalties.
The crime of Arbitrary Detention is committed when the detention of a person is
without legal ground.
The legal ground of detention are : a) commission of a crime and b) violent
insanity or other ailment requiring compulsory requirement.
Delaying Release
This is committed by a public officer or employee who delays for the period
of time specified in Art 125, the performance of any judicial or executive order for the
release of a prisoner or unduly delays the services of the notice of such order to said
prisoner.
Delivery of Prisoners from Jail (Art. 156, RPC)
Elements:
a) The offender is a private individual,
b) He removes a person confined in jail or a penal institution or
helps in the escape of such person,
c) The means employed are violence, intimidation, bribery or any
other means.
The prisoner maybe a detention or sentenced prisoner and the offender is an
outsider to the jail. If the offender is a public officer or a private person who has the
custody of the prisoner and who helps a prisoner under his custody to escape, the felony
is Conniving with or Consenting to Evasion (Art. 223) and Escape of a Prisoner under the
custody of a person not a public officer (Art. 225) respectively.
This offense like other offenses of similar nature may be committed through
imprudence or negligence.
Evasion of Service of Sentence (Art 157-159, RPC)
1. Evasion of Service under Art 157, RPC
Elements:
a) Offender is a prisoner serving sentence involving deprivation of
liberty by reason of final judgement.
b) He evades the service of his sentence during the term of his
imprisonment.
This felony is qualified when the evasion takes place by breaking doors, windows,
gates, roofs or floors; using picklocks, false keys, disguise, deceit, violence, intimidation
or; connivance with other convicts or employees of the penal institution. (Jail breaking is
synonymous with evasion of sentence).
2. Evasion of Service of Sentence on the Occasion of Disorders due to
Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC)
Elements:
a) Offender is a prisoner serving sentence and is confined in a
penal institution.
b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to conflagration,
earthquake, explosion, or similar catastrophe or mutiny in which he has not participated,
and
d) He fails to give himself up to the authorities with in 48 hours
following the issuance of a proclamation by the Chief Executive regarding the passing
away of the calamity.
A special time allowance for loyalty shall be granted. A deduction of one-fifth of
the period of the sentence of any prisoner who evaded the service of sentence under the
circumstances mentioned above. The purpose of the law in granting a deduction of
one-fifth (1/5) of the period of sentence is to reward the convict’s manifest intent of
paying his debts to society by returning to prison after the passing away of the calamity.
Whenever lawfully justified, the Director of Prisons (Bureau of Corrections) shall
grant allowance for good conduct and such allowances once granted shall not be
revoked.
3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)
The violation of any conditions imposed to a Conditional Pardon is a case of
evasion of service of sentence.
The effect of this is, the convict may suffer the unexpired portion of his original
sentence
Infidelity of Public Officers
1. Infidelity in the Custody of Prisoners Through Connivance
(Art.223, RPC)
A felony committed by any public officer who shall consent to the escape
of a prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through Negligence
(Art. 224, RPC)
A felony committed by a public officer when the prisoner under his
custody or charge escaped through negligence on his part.
3. Escape of a Prisoner under the Custody of a Person not a Public Officer. (Art
225, RPC)
Other Offenses or Irregularities by Public Officers
1. Maltreatment of Prisoner (Art. 235, RPC)
Elements:
a) Offender is a public officer or employee,
b) He overdoes himself in the correction or handling of such
prisoner by imposition of punishment not authorized by regulation or by inflicting such
punishment in a cruel and humiliating manner.
The felony of Physical Injuries if committed if the accused does not have the
charge of a detained prisoner and he maltreats him. And if the purpose is to extort a
confession, Grave Coercion will be committed.
III. Good Conduct Time Allowance (GCTA)
Good conduct time allowance is a privilege granted to a prisoner that shall entitle
him to a deduction of his term of imprisonment.
Under Art.97, RPC, the good conduct of any prisoner in any penal institution shall
entitle him to the following deduction from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction
of 5 days for each month of good behavior.
2. During the third to the fifth years of his imprisonment, he shall be allowed a
deduction of 8 days each month of good behavior.
3. During the following years until the tenth years of his imprisonment, he shall be
allowed a deduction of 10 days each month of good behavior.
4. During the eleventh and the successive years of his imprisonment, he shall be
allowed a deduction of 15 days each month of good behavior.