Overview of Correctional Theories and Practices
Overview of Correctional Theories and Practices
SCHOOLS OF THOUGHT
A. CLASSICAL THEORY – The purpose of penalty is retribution. WHAT IS PUNISHMENT?
B. POSITIVIST THEORY- The purpose of penalty is reformation. ● IN PRIMEVAL SENSE
C. ECLECTIC / MIXED PHILOSOPHY- Combination of Classical and - infliction of some sort of pain on the offender for violating
Positivist. the law.
1
CA 1 - INSTITUTIONAL CORRECTION
OTHER EARLY FORMS OF PUNISHMENT
PURPOSES OF PUNISHMENT 1. HARD LABOR - productive works.
1. DETERRENCE - serves as a warning to others that crime does 2. CORPORAL PUNISHMENT - imposing brutal punishment or
not pay and violating the law has a consequence. employing physical force to intimidate a delinquent inmate.
● GENERAL DETERRENCE 3. DEGRADATION - uttering insulting words or languages on the
- convincing others (potential criminals). part of prison staff to the prisoners to degrade or break the
● SPECIFIC DETERRENCE confidence of prisoners.
- convincing the offender. 4. UNIFORMITY - “we treat the prisoners alike”, “the fault of one is
the fault of all”.
2. INCAPACITATION - Keeping them behind bars 5. MONOTONY - giving the same food that is “off” diet, or requiring
3. RETRIBUTION - personal vengeance, it should be that the the prisoners to perform drab or boring daily routine.
offenders action deserves. 6. MASS MOVEMENT - mass living in cellblocks, mass eating, mass
4. RESTITUTION - to restore or pay back the losses of the victim recreation, mass bathing.
5. RECOGNIZANCE - A bond which the person undertakes before 7. ISOLATION OR SOLITARY CONFINEMENT- non -
the court communication, limited news, “the lone wolf”.
6. ATONEMENT / EXPIATION - group vengeance 8. DEPRIVATION - deprivation of everything except the essentials
7. PROTECTION - form of social defense of existence.
8. REFORMATION - attempt to reform and rehabilitate the offender.
METHODS OF DEATH PENALTY
DRUG INJECTED TO THE CONVICT 1. GARROTE – Iron Collar
1. SODIUM THIOPENTAL – induce deep sleep 2. GUILLOTINE - Giant Blade
2. PANCURONIUM BROMIDE – paralyze the body 3. MUSKETRY - firing squad
3. POTASSIUM CHLORIDE – which increases the blood and cardiac 4. BEHEADING - decapitation
concentration of potassium to stop the beating of the heart. 5. ELECTROCUTION - Silia Electrica
6. LETHAL INJECTION - Intravenous Poisoning
JURIDICAL CONDITIONS OF PENALTY 7. GAS CHAMBER
1. Certain 8. BURNING
2. Commensurate
3. Legal BASIC COMPONENTS OF CORRECTIONS (DOJ, 2014)
4. Equal a. Safekeeping and Rehabilitation of Offenders
5. Personal b. Pardon, Parole and Probation
6. Humane c. Victims Compensation
7. Correctional
2
CA 1 - INSTITUTIONAL CORRECTION
DIFFERENT MODELS OF CORRECTIONAL ADMINISTRATION 2 RIVAL PRISON SYSTEM
1. RESPONSIBILITY MODEL • AUBURN SYSTEM
- Responsibility for assuring prescribed behavior lies on - “congregate system”. The prisoner are confined in
the prisoners themselves and not on the system of their own cells during the night and congregate work
administrative control. in shops during the day. Complete silence was
enforced.
2. CUSTODIAL MODEL • PENNSYLVANIA SYSTEM
- Discipline is strictly applied. Security and order are - “solitary system”. Prisoner are confined in single cells
maintained through the subordination of the prisoners during the night where they lived, they slept, and they
to the warden. ate and receive religious instructions. Complete silence
was also enforced. They are also required to read
3. CONTROL MODEL Bible.
- Puts emphasis on prisoner obedience, work and
education. HISTORICAL PERSPECTIVE EARLY CODES
CODE OF KING HAMMURABI
4. REHABILITATION MODEL - Theme: lex talionis – law of retaliation
- Security and housekeeping activities are viewed as - Emerged OOA 1750 BC
key to rehabilitation efforts. - Considered as the oldest code
- Eye for an eye tooth for a tooth
5. REINTEGRATION MODEL
- the emphasis is the resumption of a normal life. CODE OF KALANTIAO
- Established on 1433
6. TOTAL INSTITUTION MODEL - Promulgated on the island of Panay and Aklan.
- Every minute spent inside must be in accordance with - Employ harsh punishment for violation of this law
the rules enforced by the staff. - Emphasizes on family and cultural values
3
CA 1 - INSTITUTIONAL CORRECTION
BURGUNDIAN CODE CESARE BONESANA MARQUIS DE BECCARIA
- Punishment is based on social classes - Humanistic goal of lawLet the punishment fit the crime
- Values of life according to each social class
JEREMY BENTHAM
17 CENTURY GAOLS (JAILS) - Leader of English criminal law
- pretrial facilities headed by a sheriff - Hedonism Doctrine
- Panopticon prison
GALLEYS
- long, low, narrow ship rowed by inmates JOHN HOWARD
- Father Of Prison Reform
HULKS - Greatest Prison Reformer
- abandoned warships, aka floating hells
ALEXANDER MACONOCHIE
GULAGS - Director of Norfolk Island in Australia
- wooden jail found in Russia, Germany and Philippines. - Mark System
- Father of Parole
18TH CENTURY
- Age of enlightenment WALTER CROFTON
- Recognizing human dignity - Director of Irish prison in Ireland
- Introduction of correctional reformation - Proponent of Irish System
4
CA 1 - INSTITUTIONAL CORRECTION
BORSTAL INSTITUTION
- youth detention home for 21 years old and below in England 2. PROVINCIAL PRISONERS - Those persons
created by sir Evelyn Ruggles Brise. sentenced to suffer a term of imprisonment
from 6 months and 1 day to 3 years or a fine
NEW YORK HOUSE OF REFUGE not more than 1,000 pesos
- first youth detention center in US, MANHATTAN NY.
3. CITY PRISONERS - Those sentenced to suffer
FRÉDÉRIC-AUGUSTE DEMETZ a term of imprisonment from 1 day to 3 years
- was famous for the establishment of agricultural colony for or a fine of not more than 1,000 pesos or both.
delinquent boys in France in 1839. The boys were housed in
cottages with house fathers as in charge. The system was based 4. MUNICIPAL PRISONERS- Those confined in
on reeducation rather than force. When discharge the boys were Municipal jails to serve an imprisonment from
place under the supervision of a patron. 1 day to 6 months.
3. SENTENCED PRISONER NOTE: under United Nation standard and not practiced here
➢ CLASSIFCATION OF SENTENCED PRISONER in the Philippines
1. INSULAR/ NATIONAL PRISONER - those
sentenced to suffer a term of sentence of 3 INMATES SECURITY CLASSIFICATION IN JAIL (BJMP)
years and 1 day to life imprisonment. ● HIGH PROFILE INMATE - those who require increased
security based on intense media coverage or public concern
5
CA 1 - INSTITUTIONAL CORRECTION
● HIGH RISK INMATE - those who are considered highly
dangerous and who require a greater degree of security, EARLY PRISONS
control and supervision because of their deemed capability of 1. Mamertine Prison
escape, of being rescued, and their ability to launch or 2. Bridewell Workhouse
spearhead acts of violence inside the jail. 3. Walnut Street
● HIGH VALUE TARGET (HVT)- a target, either a resource or a 4. Alcatraz
person, who may either be an enemy combatant, high ranking 5. Singsing Prison
official or a civilian in danger of capture or death
● SECURITY THREAT GROUP - any formal or informal ongoing MAMERTINE PRISON
inmates’ group, gang, organization or association consisting of - The only early Roman place of confinement which is built under
three or more members the main sewer of Rome in 64 B.C
● SUBVERSIVE GROUP - a group of persons that adopts or - Constructed around 640–616 BC by Ancus Marcius.
advocates subversive principles or policies tending to
overthrow or undermine an established government. (Ex: BRIDEWELL WORKHOUSE (1557)
Person charged for a crime of Rebellion) - in London which was built for the employment and housing of
● TERRORIST GROUP - a group of persons that commits any of English prisoners.
the following: piracy and mutiny in the high seas or in the
Philippine waters, rebellion or insurrection, coup d’état, WALNUT STREET JAIL
murder, kidnapping and serious illegal detention, crimes - Originally constructed as a detention jail in Philadelphia. It was
involving destruction, arson, hijacking, violation of laws on converted into a state prison and became the 1st American
toxic substances and hazardous and nuclear waste control, Penitentiary
violations of atomic energy regulations, anti- piracy and
anti-highway robbery, illegal and unlawful possession, DIFFERENT PENAL COLONY AND PRISON IN THE
manufacture, dealing in, acquisition or disposition of firearms, PHILIPPINES
ammunitions or explosives. 1. NEW BILIBID PRISON
● VIOLENT AGAINST EXTREMIST OFFENDER (VEO)- a person - January 22, 1941 when the name NBP was first used.
whose political or religious ideologies are considered far - 551 hec.
outside the mainstream attitudes of the society or who violates
common moral standards ● SUB COLONIES: Camp Bukang Liwayway and Camp Sampaguita
6
CA 1 - INSTITUTIONAL CORRECTION
III. NBP Main Building – Maximum Security Inmate ● SUB COLONIES: Pasugul, Central, Pusog and Yapang
7
CA 1 - INSTITUTIONAL CORRECTION
I. SAFEKEEPING OF NATIONAL -This refers to the administration of proper
INMATES nutrition, hygiene, sanitation, cleanliness
II. REFORMATION OF NATIONAL and promotion of good health to inmates.
INMATES - This also includes appropriate provision
a. MORAL AND SPIRITUAL PROGRAMS of medical care or hospitalization of the
- This refers to the moral and spiritual sick, mentally impaired, old aged, and
values- formation of inmates which shall disabled inmates. This shall be
be institutionalized by the Directorate for institutionalized by the Directorate for
Moral and Spiritual Welfare (DMSW), Health and Welfare Services (DHWS).
which include the practice of one’s f. BEHAVIOR MODIFICATION PROGRAMS, TO
religion and beliefs. INCLUDE THERAPEUTIC COMMUNITIES
b. EDUCATION & TRAINING PROGRAMS - This refers to the administration of
- This refers to the administration of formal programs for the character formation of
and non- formal education, and skills an inmate necessary for effective
development of inmates which shall be interpersonal relationship in the prison
institutionalized by the Directorate for community. This program also includes
Education and Training (DET). Therapeutic Community. This shall be
c. WORK & LIVELIHOOD PROGRAMS institutionalized by the Directorate for
- This refers to the administration of skills Behavior Modification (DBM).
development programs on work and
livelihood to achieve self-sufficiency of CLASSIFICATION OF DORMITORY
inmates in the prison community and for 1. TYPE A DORMITORY – above 500 inmate capacity and lot
income generation of the agency. area of more than 1.5 hectares
d. SPORTS & RECREATION PROGRAMS 2. TYPE B DORMITORY – 101 to 500 inmate capacity and lot
- This refers to the administration of area of 1.5 hectares
physical and recreational engagement to 3. TYPE C DORMITORY – 1 to 100 inmate capacity and lot area
achieve mental alertness and physical of 3,000 sq. m.
agility in the spirit of sportsmanship. This
shall be institutionalized by the SEC. 10 INCREASE OF PERSONNEL:
Directorate for Sports and Recreation • The BuCor shall maintain the custodial personnel-
(DSR). Volunteer participating agencies, to-inmate ratio of 1:7 for three (3) shifts and reformation
Non-Government Organizations and personnel-to-inmate ratio of 1:24 for one (1) shift.
individuals shall be regulated and
managed by DSR.
e. HEALTH AND WELFARE PROGRAMS
8
CA 1 - INSTITUTIONAL CORRECTION
CORRECTIONS TECHNICAL OFFICER has rose from the ranks in the corrections service as
- are personnel employed in the implementation of reformation similar to the appointment of Chief in the AFP, PNP and
programs and those personnel whose nature of work requires BJMP.
proximate or direct contact with inmates.
- include priests, evangelists, pastors; teachers, instructors, JAIL SYSTEM
professors, vocational placement officers, librarians, guidance ➢ ORIGIN OF THE WORD JAIL
counselors, physicians, nurses, medical technologists, - it is said to have been derived from the Spanish word
pharmacists, dentists, therapists, psychologists, psychiatrists, JAULO which means a CAGE.
sociologists, social workers, engineers, electricians, - Etymologists attributed that it originated from the
agriculturists, veterinarians, lawyers and similar professional Spanish word meaning a place of confinement.
skills relevant to the implementation of inmate reformation
programs. TYPES OF JAILS
1. LOCK UP
BUCOR MODERNIZATION LAW (BUCOR ACT OF 2013 RA 10575) 2. ORDINARY
- replaced the 96-year-old Prison Act of 1917 and is thus expected 3. WORKHOUSE, FARMS. CAMPS
to address the decades-long cycle of neglect that has left the
country's prisons dilapidated, overcrowded, and understaffed.
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
- Under RA 10575, operating prisons and penal farms should have
- Created by RA 6975 and amended by RA 9263
dormitories, an administration building, security fences, a hospital,
- JANUARY 2, 1991
a recreation center, a training center, a workshop area, and a
- First headed by DIR. CHARLES MONDEJAR
visiting area.
COMMAND GROUP OF THE BJMP
APPOINTMENT SYSTEM
1. CHIEF, BJMP
● CORRECTIONS OFFICER I - CORRECTIONS
2. DEPUTY CHIEF FOR ADMINISTRATION
SUPERINTENDENT 3. DEPUTY CHIEF FOR OPERATION
- Appointed by the Director General of Corrections, and 4. CHIEF OF DIRECTORIAL STAFF
attested by the Civil Service Commission (CSC).
● DIRECTOR GENERAL OF CORRECTIONS AND DEPUTY APPOINTING AUTHORITY IN BJMP (RA 9263)
DIRECTOR GEN. OF CORRECTIONS RANK APPOINTING AUTHORITY
- Appointed by the President upon the recommendation of
the Secretary of the DOJ, with the proper endorsement by JO I - SJO IV Regional Director
the Chairman of the CSC: Provided, that when the
organization has established itself as a fully Jail Insp. - Jail Supt. Chief BJMP
professionalized agency preference shall be for one who
9
CA 1 - INSTITUTIONAL CORRECTION
special privileges, and is not allowed to work alone nor
Jail Sr. Supt DILG Sec
exercise any authority over other inmates.
Jail C/Supt - Jail Dir. President
JAIL INCIDENT
- Any untoward or uncommon actions, events, or conditions
TEAMS UNDER RIOT AND DISORDERS such as jail break, riot, noise barrage, stabbing or assault upon
● GROUP 1 – anti riot assault with shields, head gear, gas mask personnel that occurs in jail and perpetrated by any person,
and baton to disperse the rioters and leaders. which may or may not have followed or depended upon
● GROUP 2 – backup team with tear gas and gas grenades another action of grave or serious consequences such as
● GROUP 3 – fire arms team, use FA’s with permission of the escape, injury, death, fire, flood, earthquake, or other calamity
guard in carge. which affects the jail.
JAIL AIDE
- Inmate who requires less supervision than other inmates.
Although he/she may be assigned special tasks, he/she has no
10
CA 1 - INSTITUTIONAL CORRECTION
SEX OFFENDERS CREDIT FOR PREVENTIVE IMPRISONMENT (CPI) (RA 6127 AS
- Those inmates who committed crimes involving sex, including AMENDED BY RA 10592)
rape, molestation, pedophilia, sexual harassment and FULL TIME CREDIT OF PREVENTIVE IMPRISONMENT
pornography production or distributions. - If the inmate agrees in writing to abide with the rules used for
convicted offenders. (DETAINEES MANIFESTATION)
CLASSIFICATION - If not, the inmates will be given 4/5 of the credit (DETAINEES
- refers to assigning or to grouping of inmates according to their WAIVER)
respective penalty, gender, age, nationality, health, criminal
records, etc. ➢ SECTION 6. WHO ARE NOT QUALIFIED – The
following PDL shall not be entitled to any credit for
DUTIES AND FUNCTIONS OF THE CLASSIFICATION preventive imprisonment:
● BOARD - tasked to conduct background investigation of inmates a. Recidivist;
to determine the cell assignment, the appropriate rehabilitative b. An accused who has been convicted previously
program, the type of supervision and degree of custody and twice or more times of any crime;
restrictions applicable to the inmate/s. c. An accused who, upon being summoned for the
● DISCIPLINARY BOARD - for the purpose of hearing disciplinary execution of his sentence has failed to surrender
cases involving any inmate who violates jail rules and regulations. voluntarily before a court of law;
d. Habitual Delinquent;
➢ DUTIES AND FUNCTIONS OF THE DISCIPLINARY e. Escapee; and
BOARD f. Those charged of heinous crimes, provided that a
- tasked to investigate the facts of an alleged PDL who appeals his case may be qualified in
misconduct referred to it. It shall hold sessions as accordance with Section 11.
often as necessary in a room, which may be
provided for the purpose. All cases referred to it GOOD CONDUCT TIME ALLOWANCE (RA 10592)
shall be heard and decided within forty-eight GCTA RPC ART. 97 RA 10592
(48) hours from the date of receipt of the case.
GRANTING AUTHRITY DIRECTOR OF PRISON ART. DIR. OF BUCOR, CHIEF BJMP,
99 WARDEN OF PROVINCIAL,
PROVINCIAL JAIL SYSTEM DISTRICT, CITY AND
- First established in 1910 under American Regime, every province MUNICIPAL JAIL
11
CA 1 - INSTITUTIONAL CORRECTION
● Reporting late for inmate formation and inmate
11 yrs above 15 days 30 days
headcount without justifiable reasons; and
● Willful waste of food.
SPECIAL TIME ALLOWANCE FOR LOYALTY (STAL)
- deduction of 1/5 if the convict voluntarily surrendered within II. LESS GRAVE OFFENSES:
48 hours after the declaration of passing of calamities or ● Failure to report for work detail without sufficient
conflagration or even man- made crisis. justification
- deduction of 2/5 if the inmate stayed while disaster is present. ● Failure to render assistance to an injured personnel or
inmate
TIME ALLOWANCE FOR STUDY TEACHING AND MENTORING ● Failure to assist in putting out fires inside the jail
(TASTM) ● Behaving improperly or acting boisterously during
- At any time when the inmates engage in the BJMP- recognized religious, social and other group functions;
study teaching and mentoring, there would be an additional 15 ● Swearing, cursing or using profane or defamatory
days reduction from their preventive imprisonment. language directed at other persons.
● Malingering or pretending to be sick to skip work
WHO RECOMMENDS AN INMATE FOR GCTA, STAL AND TASTM? assignment
- MSEC (MANAGEMENT, SCREENING AND EVALUATION ● Spreading rumors or malicious intrigues to besmirch the
COMMITTEE) honor of any person, particularly BJMP personnel
● Failure to stand at attention and give due respect when
BJMP COMPREHENSIVE OPERATIONS MANUAL REVISED 2015 confronted by or reporting to any BJMP personnel;
➢ PUNISHABLE ACTS IN BJM ● Forcing fellow inmates to render personal service to
An inmate is strictly prohibited from committing any of the him/her and/or to others
following acts: ● Exchanging uniforms or wearing clothes other than those
issued to him/her for the purpose of circumventing jail
I. MINOR OFFENSES: rules
● Selling or bartering with fellow inmate(s) those items ● Loitering or being in an unauthorized place;
not classified as contraband ● Using the telephone without authority from the desk
● Rendering personal service to fellow inmate(s) officer/warden
● Untidy or dirty personal appearance ● Writing, defacing, or drawing on walls, floors or any
● Littering or failing to maintain cleanliness and orderliness furniture or equipment;
in his/her quarters and/or surroundings ● Withholding information, which may be inimical or
● Making frivolous or groundless complaints prejudicial to the jail administration;
● Taking the cudgels for or reporting complaints on behalf ● Possession of lewd or pornographic literature and/or
of other inmates; photographs;
12
CA 1 - INSTITUTIONAL CORRECTION
● Absence from cell, brigade, place of work during ● Indecent, immoral or lascivious acts by himself/herself
headcount, or at any time without justifiable reason or others and/or allowing himself/herself to be the
● Failure to turn over any implement/article/s issued after subject of such indecent, immoral or lascivious acts;
work detail. ● Willful disobedience to a lawful order issued by any
BJMP personnel;
III. GRAVE OFFENSES: ● Assaulting any BJMP personnel;
● Making untruthful statements or lies in any official ● Damaging any government property or equipment;
communication, transaction, or investigation ● Participating in kangaroo court, an unauthorized or
● Keeping or concealing keys or locks of places in the jail irregular court conducted with disregard for or
which are off-limits to inmates; perversion of legal procedures as a mock court by the
● Giving gifts, selling, or bartering items with jail personnel; inmates in a jail/prison;
● Keeping in his/her possession money, jewelry, cellular ● Affiliating with any gang or faction whose main
phones or other communication devices and other items purpose is to foment regionalism or to segregate
classified as contraband under the rules; themselves from others;
● Tattooing others or allowing him/her to be tattooed on ● Failing to inform the authorities concerned when
any part of the body, or keeping any paraphernalia to afflicted with any communicable disease, such as
be used in tattooing tuberculosis, sexually-transmitted diseases, etc.;
● Forcibly taking or extorting money from fellow inmates ● Engaging in gambling or any game of chance;
and visitors ● Committing any act which violates any law or
● Punishing or inflicting injury or any harm upon ordinance, in which case, he/she shall be prosecuted
himself/herself or other inmates criminally in accordance with law;
● Receiving, keeping, taking or drinking liquor and ● Committing any act prejudicial to good order and
prohibited drugs discipline.
● Making, improvising or keeping any kind of deadly
weapon
● Concealing or withholding information on plans of
attempted escapes;
● Unruly conduct and flagrant disregard for discipline
and instructions;
● Escaping, attempting or planning to escape from the
institution or from any guard;
● Helping, aiding or abetting others to escape;
● Fighting, causing any disturbance or participating
therein and/or agitating to cause such disturbance or
riot;
13