Prepared by:

RHEM RICK N. CORPUZ, Ph. D Crim

2nd Place, 2008 Criminology Licensure Examination

Assistant Professor, Angeles University Foundation RHEM RICK CORPUZ

CORRECTIONAL ADMINISTRATION

Terminologies in

Correctional Administration

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Basic Concepts

Law & Justice

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A rule of conduct, just and obligatory laid down by the legitimate authority for the common welfare and benefit of the people.

Lady Justice is the symbol of the judiciary.

Justice is depicted as a goddess equipped with three symbols of the rule of law:

1. A sword symbolizing the court's coercive power;

2. A scale representing the weighing of competing claims; and

3. A blindfold indicating impartiality.

Due Process of Law

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which hears before it condemnswhich proceed upon inquiry andrender the judgment only after trial

Pillars of Criminal Justice System

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A. Law EnforcementB. ProsecutionC. CourtsD. CorrectionE. Community

Correctional Administration vs. Correctional Management

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Correctional administration is the organization and management of the delivery system that brings the basic necessities and treatment programs of the correctional institutions or agencies to the correctional client (Vernon Fox).

Correctional management is concerned primarily with making use of available manpower and resources to implement programs. Thus, most of Management’s time is spent on activities within the organization. Managers are responsible primarily for implementing policy and for day-to-day planning so their positions tend to be less political.

Penology defined.

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Penology is 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. It is a term derived from the Latin word “poena” which means pain or suffering.

Also known as Penal Science

Aims of Penology

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To bring light on the ethical barriers of punishment, along with the motives and purposes of society inflicting it.

To make a comparative study of penal laws and procedures through history between nations.

To evaluate the social consequences of the policies enforced at a given time.

Correction defined.

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A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders.

A field of criminal justice administration, which utilizes the body of knowledge and practices of the government and the society in the general involving the processes of handling individuals who have been convicted of offenses for purposes of crime prevention and control.

Other terms..

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Penology is the old term the accepted term now is CORRECTIONS

PENAL MANAGEMENT – refers to the manner or practice of managing or controlling places of confinement as jails or prisons.

Punishment vs. Penalty

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It is the redress that the state takes against an offending member of society that usually involves pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing.

Is defined as the suffering inflicted by the state against an offending member for the transgression of law.

Justifications of Punishment

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 Retribution – during the primitive days, punishment of the transgressor was carried out in the form of personal vengeance..

 Expiation or Atonement –. An offense committed by a member against another member of the same clan or group aroused the condemnation of the whole group against the offending member. The group would therefore demand that the offender be punished. Expiation is therefore, group vengeance as distinguish from retribution which is personal vengeance.

Justifications of Punishment

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Deterrence – It is commonly believed that punishment gives a lesson to the offender; that it shows other what would happen if they violate the law; and that punishment holds crime in check.

 Protection – Protection as a justification of punishment came after prisons, were fully established. People believe that by putting the offender in prison, society is protected from his further criminal depredation. Vicious and dangerous criminals are made to serve long terms of imprisonment to protect the public from harm or against their dangerous behavior.

 Reformation – Under this theory, society can best be protected from crime if the purpose of imprisonment is to reform or rehabilitate the prisoner.

Juridical Conditions of Punishment

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Productive of Suffering Commensurate with the offense Personal LegalEqual Certain Correctional

Limitations to Punishment

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Makes the criminal cautious in concealing his criminal activities resulting to unsolved crimes;

Stigmatizes the criminal and isolates him from society;

Makes him a martyr or a heroDevelop in the criminal, anti- social grudge

and strong resentment to authority;

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CONTEMPORARY FORMS OF PUNISHMENT

1. Imprisonment – based on degree of severity of crime

2. Parole – (After minimum term)3. Probation – (No imprisonment)4. Fine – According to set amount5. Destierro - (25 kms away)

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EARLY LEGAL CODES

Code of Ur- Nammu (2100–2050 BCE)Oldest Code known to maninstitutes fines of monetary compensation for

bodily damage, as opposed to the later lex talionis (‘eye for an eye’) principle of Babylonian law;

however, murder, robbery, adultery and rape were capital offenses.

Provides the first caste system

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Code of Eshunna

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Code of Eshunna (ca 1930 BC) – a Sumerian code which forbid accepting money or objects “from the hands of a slave” or making loans (that is, any transactions with a slave). Moneylenders are likewise forbidden from taking hostages, whether free men or slaves.

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Code of Lipit-Isthar (ca 1860 BC) - a more popular version the Sumerian law which chronicles the rights of citizens, marriages, successions, property rights and penalties.

Code of HammurabiFirst discovered in 1901, these laws are currently the earliest known complete set of codified laws. Once thought to be the earliest laws until the discovery of a portion of the Code of Lipit-Ishtar (circa 1868 B.C.E.) in the 1930's. These laws are originally scripted on an eight meter monolith stone tablet in the Akkadian language. The monolith is currently part of the Near Eastern Antiquities Collection at the Lourve Museum in Paris, France. Hammurabi was the King of Babylon from about 1792 B.C.E. to 1750 B.C.E.

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Code of Draco

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Greek Code of Draco (621 BC) – In Greece, around 621 BC, the Code of Draco was enforced, a hash code that provides the same punishment for both citizens and the slaves as it incorporates primitive concepts. The penalty for many offenses was death; so severe, that the word "draconian" comes from his name and has come to mean, in the English language, an unreasonably harsh law. The Draco laws were the first written laws of Greece. These laws introduced the state's exclusive role in punishing persons accused of crime, instead of relying on private justice. Thus, the Greeks were the first society to allow any citizen to prosecute the offender in the name of the injured party.

Solon’s Law

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Solon’s Law (530 BC) – This law repealed Draco’s laws and allowed capital punishment only for a limited number of serious offenses, such as murder or military or political offenses against the state. It also gave the right of representation, of every person to claim redress on behalf of another to whom wrong was being done

Mosaic CodeThe Law of Moses is a biblical term first found in

the Book of Joshua 8:31-32 where Joshua writes the words of "the Law of Moses" on the altar at Mount Ebal. The text continues "And afterward he read all the words of the law, the blessings and cursings, according to all that is written in the book of the law." (Joshua 8:34).

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Twelve tablesThe Law of the Twelve Tables (Duodecim

Tabulae) was the ancient legislation that stood at the foundation of Roman law.

The Twelve Tables came about as a result of the long social struggle between patricians and plebeians. After the expulsion of the last king of Rome,Tarquinius Superbus, the Republic was governed by a hierarchy of magistrates.

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Justinian Code

Corpus Juris Civilis or the Justinian Code, was the result of Emperor Justinian's desire that existing Roman law be collected into a simple and clear system of laws, or "code.“

Tribonian, a legal minister under Justinian, lead a group of scholars in a 14-month effort to codify existing Roman law. The result was the first Justinian Code, completed in 529.

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Burgundian Code

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Burgundian Code (500 A.D) – also known as Lex Burgundionum, published in about 475 in Burgundy, now Southeastern France. The codification married German to Roman law as well as advancing other unique and novel aspects of written private laws which influenced the course of the laws of Europe.

Secular Codes

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Secular Laws (4th AD) - were advocated by Christian philosophers who recognizes the need for justice. Some of the proponents these laws were St. Augustine and St. Thomas Aquinas. During this period, three laws were distinguished: External Law (Lex Externa), Natural Law (Lex Naturalis), Human Law (Lex Humana). All these laws are intended for the common good, but the Human law only becomes valid if it does not conflict with the other two laws.

Judean Christian Theory

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30 C.E. The canonical courts refuse to

recognize State courts and allowed jurisdiction over crimes of heresy, blasphemy, and witchcracft.

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HISTORICAL DEVELOPMENTS IN CORRECTIONS

FORMS OF PUNISHMENT: ANCIENT TO CONTEMPORARY

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Capital punishments- is death by means of burning at stake, beheading broken on the wheel, garroting (strangulation by a tightened iron collar), and other forms of medieval executions.

broken on the wheel broken on the wheel

Burning at stake

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Priscillian (died 385) was bishop of Ávila and a theologian the first person in the history of Christianity to be executed for heresy (though the civil charges were for the practice of magic). He founded an ascetic group that, in spite of persecution,.

Hanging, mutilation

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Corporal punishment

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are those physical torture by means of mutilation, whipping or flogging, stocks, furca, stoning, branding.

mutilation flogging/whipping

Stoning

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Public humiliation

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Is the social degradation, in the form of putting the offender into shame or humiliation like;

Stocks- held a prisoner in a sitting position with feet and heads locked ina frame.

Pillory- a prisoner in a standing position with the head and hands locked in place. Both devices exposed the prisoner to public scorn. And while confined in place, prisoners were frequently pelted with eggs and rotten fruit. In England they abolished the pillory during 1834.

Pillory

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Banishment or exile

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is the sending or putting away of an offender which was carried out either by prohibition against coming has been removed.

TRANSPORTATION AND SLAVERY- into a specified territory such as an Island to where the offender is the other similar forms of punishment like transportation & slavery

Aristotle

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The first attempt to explain crime was made by the Athenian philosopher, Aristotle. In his book “Nicomedean Ethics”, he discusses corrective justice, thus – “punishment is a means of restoring the balance between pleasure and pain”.

This philosophy of individual determinism which existed up to 400 B.C., was another form of the so called “free-will theory”.

Mutilation

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was another type of corporal punishment use in ancient and medieval societies. Archeological evidence shows that Pharaohs of ancient Egypt, or their representative often ordered mutilation and it is according to the law of retaliation.

For example:

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Offenses Punishment

Thieves/counterfeiters hand cut-off

Liars & perjurers tongues torn out

Spies eyes gouged out

Sex criminals genitals removed

Blasphemers tongues pierced out Upper lips cut away

Flogging (whipping)

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has been the most common physical punishment through the ages. The Mosaic code, for example authorized flogging and the Roman law specified flogging as a punishment for certain forms of theft. It is Common in England during the Middle Ages as chastisement for a wide variety of crimes; the women were flogged in private, while men were whipped publicly. The construction of flogging whips from simple leather straps or willow branches to heavy, complicated instruments designed to inflict a maximum of pain.

Cat-o’-nine-tails

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traditional form of whip consisting if nine knotted cords fastened to a wooden handle. CAT- got its name from the marks it left on the body which were like the scratches of a cat.

Furca

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Furca - v-shaped yolk worn around the neck and where the outstretched arms of convict were tied to.

Russian knout

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is the cruel form of whip their knout was made of leather strips fitted with fish hook. When the prisoner was whipped, the hooks would dig into the body, ripping away the proverbial “pound of flesh” with each stroke. A thorough whipping with the knout could result in death from blood loss. This kind of punishment survived into the 20th century.

Polo Y Servicio

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The early punishment were considered synonymous with slavery, those punished even had their “ heads shaved” indicating the mark of the slave.

PENAL SERVITUDE/CIVIL DEATH- extensive use in Roman days, the offenders property was confiscated in the name of the state and that his wife was declared a widow, meaning she is eligible to remarry. To society the criminal in effect “dead”.

Crime & sin

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Punishment of the individual in the name of the state also included the concept of supertitious revenge. Crime was entangled with sin and punishment in the form of wergeld(payment to the victim) or friedensgeld(payment to the state) was not sufficient. If society believed the crime might have offended a divinity, the accused had to undergo at a long period of progressively harsher punishment in order to appease the Gods. The zone between church law and state law became more and more blurred, and the concept of personal responsibility for one’s act was combined with the need to “get right with God”.

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CULLEUS- the offender was confined in a sack with an ape, a dog and a serpent and the sack was thrown into the sea.

VESTAL VIRGIN- who had violated their vows of chastity were buried alive. And as an alternative to execution, offenders who went into exile lost their citizenship, freedom and immovable property. And if they will returned to Rome, they could be killed by any citizen.

Blood feud

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The practice of personal retaliation was later augmented by the blood feud, in which the victims family or tribe took revenge on the offenders family or tribe. Because this form of retaliation could easily escalate and result in an endless vendetta between the injured factions, some methods of control had to be devised to make blood feud less costly and damaging.

Vengeance

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The practice of retaliation usually begins to develop into a system of criminal law when it becomes customary for the victims of the wrongdoing to accept money or property in place of blood vengeance.

The other form of acceptance of vengeance in the form of a payment (such as cattle, food or personal services), was usually not compulsory and victims were still free to take whatever vengeance they wished.

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The custom of atonement for wrongs by payment to appease the victim’s family or tribe became known as lex salica (or wergeld, in Europe) lex salica or restitution. It is still in effect in many Middle Eastern and Far Eastern countries, with the amount of payment based on the injured person’s rank and position.

Outlawry or exile

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First punishment imposed by society, and it heralded the beginning of criminal law as we know it. As tribal leaders, elders & kings, came into power they began to exert their authority on the negotiations.

Wrongdoers could choose to stay away from the proceedings this was their right. But if they refused to abide by the imposed sentenced, they were declared to be outside the law of the tribe (nation, family) or an outlaw.

Middle ages

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The social structure and the growing influence of the church on everyday life resulted in a divided system of justice. Reformation was viewed as a process of religious, not secular, redemption. The sinner had to pay two debts, one to society and another to God.

ordeal - As the form of proving the guilt or innocent they will use the trials by ordeal it is the way to determined by subjecting the accused to dangerous or painful test in the belief that the innocent would emerge unscathed, whereas the guilt would suffer agonies and die.

Middle ages

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The social structure and the growing influence of the church on everyday life resulted in a divided system of justice. Reformation was viewed as a process of religious, not secular, redemption. The sinner had to pay two debts, one to society and another to God.

Ordeal - As the form of proving the guilt or innocent they will use the trials by ordeal it is the way to determined by subjecting the accused to dangerous or painful test in the belief that the innocent would emerge unscathed, whereas the guilt would suffer agonies and die.

Trials by ordeal

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Other Important Dates

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5th to 11th Century- Dark Ages or Early Middles Ages

13th Century- Securing Sanctuary – place of asylum or refuge open for unpremeditated crimes where criminals can seek refuge for 90 days

1468- torture became a prevalent form of punishment

16th Century- Transportation became a prevalent punishment

1835- Transportation was abandoned

Other Important Dates

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16- 17th Century- conceptualization of workhouses in England where inmates work at organized production for the profit of a commercial firm.

17- 18th CenturyDeath Penalty became prevalent Gaols were common Galleys- a long narrow, single, decked ship

propelled by sails, usually rowed by criminals Hulks- decrepit transport, former warships

converted as prisons/ floating hells/ hell hole

Other Important Dates

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18th century- Age of Enlightenment 1870-1880- Golden Age of Penology

National Prisons Association in 1870 (Ohio) First International Prison Congress was held in

London in 1872 which established the International Penal and Penitentiary Commission (Hague)

Elmira Reformatory was established in New York in 1876

First separate institution for women were established in Indiana and Massachusetts

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Pioneers in Correctional Reform

William Penn

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William Penn (1614-1718), fought for religious freedom and individual rights. He was the first leader to prescribe imprisonment as correctional treatment for major offenders. He also fought for the abolition of death penalty and torture as a form of punishment.

Penitentiary

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an institution intended to isolate prisoners from society and from one another so that they could reflect on their past misdeeds, repent, and thus undergo reformation

Principles of a Penitentiary

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isolate prisoner from bad influences of society - liquor, temptation, people

penance & silent contemplationproductive laborreform (thinking & work habits)return to society, renewedkey = solitary confinement

isolate from contagionfoster quiet reflectionpunishment, since man is social animalcheap shorter sentence, fewer guards

Benjamin Rush

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Benjamin Rush (1745–1813) Physician, patriot, signer of the Declaration of Independence, and social reformer, Rush advocated the penitentiary as replacement for capital and corporal punishment.

Charles Montesiquieu

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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 believed that harsh punishment would undermine morality and that appealing to moral sentiments was the better means of preventing crime.

famous for his advocacy in reforming slavery as a means of punishment.

He was famous for the theory “separation of powers” of the legislative, judiciary and the executive.

John Locke

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Founder of the School of Empiricism

Empirical evidence rather than speculation

Tabula rasa- empty stateMan is born good,

independent and equal

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Francois Marie Arouet (Pen name: Voltaire) (1694- 1778) He was the most versatile of all philosophers during this period. He believed that fear of shame was a deterrent to crime. He fought the legality-sanctioned practice of torture.

Cesare Beccaria

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Cesare Bonesa, Marchese de Beccaria (1738-1794) - He wrote the essay “An Essay on Crimes and Punishment”, the most exiting essay on law during his time as it presented the humanistic goals of law.

Jeremy Bentham

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Jeremy Bentham (1748-1832) – the greatest leader in the reform of English Criminal law. He believed that whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime the crime rate would go down. He was also famous for the PANOPTICAN prison design – a prison that consists of a large circular building containing multi cells around the periphery.

Panopticon Prison

A type of prison which consist of a large circular building of a cast iron and glass containing multi-tiered cells around the periphery.

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John Howard

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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 that single cells for sleeping, segregation of women, segregation of youth, provision of sanitation facilities, abolition of fee system

Father of prison reform.

Sir Samuel Romilly (1757- 1818)A follower of Bentham, was

an able lawyer and the most effective leader in direct and persistent agitation for reform of the English criminal code. He pressed for construction of the first modern English prison, Millbank, in 1816. His prison idea was taken up by Romilly’s followers, Sir James Mackintosh (1765- 1832) and Sir Thomas Fowell Buxton (1786- 1845).

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Sir Robert Peel (1788- 1850)

Was the leader in the English legislature for reform of the criminal code, pushing through programs devised by Bentham, Romilly, and others. He established the Irish constabulary, called the “PEELERS” after the founder. In 1829, he started the London Metropolitan Police, known as “Bobbies” also after Sir Robert. He was active in all phases of Criminal Justice.

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Manuel Montesimos

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Manuel Montesimos, who was the Director of the prisons of Valencia, Spain, in 1835, divided prisoners into companies and appointed prisoners as petty officers in charge. Academic classes of one hour a day were given all inmates under 20 years of age.

Alexander Maconochie

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Capt. Alexander Maconochie, the Superintendent of a penal colony at Norfolk Island in Australia who introduced a progressive humane system to substitute for corporal punishment. When a prisoner earned a required number of marks, he was given his ticket of leave, which is the equivalent of parole

He introduced fair disciplinary trials, built churches, distributed books, allowed plays to be staged, and permitted prisoners to tend small gardens.

Father of parole

The first thing that Alexander Maconochie did was to eliminate the flat sentence, a system that had allowed no hope of release until the full time had been served. Then he developed a MARK SYSTEM- whereby a convict could earn freedom by hard work and good behavior. This put the burden of release on the convict. As Maconochie said, “when a man keeps the key of his own prison, he is soon persuaded to fit it into the lock”

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The system had five principles:Release should not be based on the completing of a

sentence for a set period of time, but on the completion of a determined and specified quantity of labor. In brief, time sentences should be abolished, and tasked sentences substituted.

The quantity of labor a prisoner must perform should be expressed in a number of “marks” which he must earn, by improvement of conduct, frugality of living, and habits of industry, before he can be released.

While in prison he should earn everything he recieves. All sustenance and indulgences should be added to his debt of marks.

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When qualified by discipline to do so, he should work in asociation with a small number of other prisoners, forming a group of six or seven, and the whole group should be answerable for the conduct and labor of each member.

In the final stage, a prisoner, while still obliged to earn his daily tally of marks, should be given a propriety interest in his own labor and be subjected to a less rigorous discipline, to prepare him for release into society. But sad to say the fact that Maconochie’s visionary toward rehabilitation were not appreciated or supported by the unenlightened bureaucrats above him. His results thus were disclaimed, and the colony fell back into its former brutalized routine almost as he left it.

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Walter Crofton

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Sir Walter Crofton, Chairman of the Directors of Irish prisons. In 1856, Crofton introduced the “Irish system”, later on called the progressive stage system.

Crofton and the Irish systemSIR WALTER CROFTON of Ireland- used that

concept in developing what he called the “indeterminate system”, which came to be known as the “IRISH SYSTEM”. He reasoned that if penitentiaries are places where offenders think about their crimes and can decide to stop their criminal misbehavior (“repent”), then there must be a mechanism to determine that this decision has in fact been made, as well as a mechanism for getting the inmate out when penitence has been done. The indeterminate sentence was believed to be the best mechanism.RHEM RICK CORPUZ

Crofton devised a series of stages, each bringing the convict closer to the free society;

The first stage was composed of solitary confinement and monotonous of work.

The second stage was assignment to public works and a progression through various grades, each grade shortening the length of stay.

The last stage was assignment to an indeterminate prison where the prisoner worked without supervision and moved in and out of the free country. If the prisoner’s conduct continued to be good and if he or she were able to find employment , then the offender returned to the community on a conditional pardon or “ticket to leave”.

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Ticket to leaveTicket to leave- This ticket could be revoked

at any time within the span of the original fixed sentence if the prisoner’s conduct was not up to standards established by those who supervised the conditional pardon.

Crofton’s plan was the first effort to establish a system of conditional liberty in the community, the system we know today as Parole.

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Frédéric-Auguste Demetz

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Frédéric-Auguste Demetz was famous for the establishment of agricultural colony for delinquent boys in France in 1839. The boys were housed in cottages with house fathers as in charge. The system was based on reeducation rather than force. When discharge the boys were place under the supervision of a patron.

Zebulon Brockway

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Zebulon R. Brockway, in 1876, the New York State Reformatory at Elmira opened with Z. R. Brockway as superintendent. Brockway introduced in Elmira a new institutional program for boys from 16 to 30 years of age.

Contribution of Brockway

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The new prisoner was classified as second grade and was promoted to first grade after six months of good behavior. Another six months of good behavior in the first grade qualified him for parole. If the prisoner committed a missed conduct he was demoted to third grade where he was required to show good conduct for one month before he could be reclassified to second grade.

Sir Evelyn Ruggles Brise

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Sir Evelyn Ruggles Brise, was a Director of English prisons, after visiting Elmira in 1897, opened the Borstal Institution near Rochedi, in Kent. The Borstal Institutions of England became the earliest best reform institutions for young offenders.

Borstal

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The best institution for the reformation and rehabilitation of juvenile offenders.

Located in United Kingdom, EnglandHouses criminals aged 21 years old and

below

Elam Lynds

warden of the Auburn and later of Sing Sing (which he built), was one of the most influential persons in the development of early prison discipline in America. He is described as having been a strict disciplinarian who believe that all convicts were cowards who could not be reformed until their spirit was broken. To this end he devised a system of brutal punishments and degrading procedures, many of which remained as accepted practice until very recent times.

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The imposition of silence was seen as the most important part of the discipline program. The rule of absolute silence and noncommunication was maitained and enforce by the immediate use of the lash for the slightest infraction.

Flogging was advocated by Lynds as the most effective way to maintain order. He sometimes used a “cat” made of wires strands.

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The methods used to prevent conversation or communication during after meals were also humiliating, prisoners were required to sit face-to-back. They were given their meager and usually bland and unsavory, meal to eat in silence. If they wanted more food, they would raise one hand; if they had too much they raised the other. Any infraction of the rule of silence resulted in a flogging and the loss of a meal.

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Prison StripesA development of the various forms of attire to degrade and identify prisoners. Wide alternating black-and-white horizontal bonds were placed on the loose-fitting heavy cotton garments. Stripes were still in use in the South as late as the 1940’s and 1950’s. They have been generally replaced in most security prisons by blue denims or whites.

Early prisoners were allowed to wear the same clothing as the free society did.

Auburn and Sing Sing prisons different colors were used for the first time offenders and for repeaters

The famous “prisons stripes” came into being during the year 1815 in New York.

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Lockstep Prisoners were required to line up in close formation with

their hands on the shoulders or under the arms of the prisoner in front. The line moved rapidly toward its destination as the prisoners shuffled their feet in unison without lifting them from the ground. Because this non-stop shuffle was “encouraged” by the use of the lash, any prisoner who fell out of lockstep risked a broken ankle or other serious injury from the steadily objectionable and was punished viciously. The methods used to prevent conversation or communication during after meals were also humiliating, prisoners were required to sit face-to-back. They were given their meager and usually bland and unsavory, meal to eat in silence.

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Lockstep

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Jean Jacques Villian

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Designed the Prison of Ghent (Belgium)To rehabilitate rather than

to punish Father of Penitentiary

Science He developed a strict

classification of criminals and their segregation.

Sir William Blackstone

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Author of the Penitentiary Act of 1779 based on the work of John Howard

One of the lead authors of the Neo- Classical Theory

John Haviland

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John Haviland (1792–1852) was an English-born architect who was a major figure in American Neo-Classical architecture, and one of the most notable architects working from Philadelphia in the 19th century.

James Bennett

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James V. BennettDirector of Federal

Bureau of PrisonsWrote about closing of

Alcatraz Prison Built the Federal

Correctional Institution in Seagoville Texas

Ellen Cheney Johnson

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founded the New England Women's Auxiliary Association to the United States Sanitary Commission, worked with homeless and vagrant women after the Civil War through the Dedham Asylum for Discharged Female Prisoners, and served as superintendent of the Massachusetts Reformatory Prison for Womenat Framingham.

Pushed for the establishment of an all women's prison in 1877

Sanford Bates (1884- 1972)a legendary figure in American

corrections, was president of the American Correctional Association in 1926. He became the first superintendent of federal prisons in 1929 and the first director of the United States Bureau of Prisons in 1930. In 1937 he became the executive director of the Boys’ Clubs of America. Later he served as commisioner of the New York State Board of Parole and Commisioner of the New Jersey Department of Institutions and Agencies. He was also an active consultant and writer.

Sanford Bates introduced procedures into the U.S Bureau of Prison in 1934.

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This U.S Bureau of Prisons gradually emerged as the national leader in corrections, introducing many new concepts that have been copied by states system.

Two major contributions were diagnosis and classification and the use of proffesional personnel such as psychiatrists and psychologists to help rehabilitate inmates.

The federal system also led the way to more humane treatment and better living conditions.

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J. Edgar HooverDirector of the Federal Bureau

of Investigation (FBI)His war on crime helped give

the world the supermaximum prison, Alcatraz. Located on a an Island in San Francisco bay, Alcatraz was constructed to house the hardest criminals in America. When it was built in 1934, it was seen as the answer to the outrages of such desperate criminals.

1963- Alcatraz was closed.

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Olin Guy Blackwell

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Olin Guy Blackwell (February 15, 1915 – March 7, 1986) was the fourth and final warden of Alcatraz Federal Penitentiary, which was situated on Alcatraz Island, California, US. Associate Warden to Paul J. Madigan from April 1959, Blackwell served as warden of Alcatraz at its most difficult time from 1961 to 1963 when it was facing closure as a decaying prison and financing problems and at the time of the infamous June 1962 escape from Alcatraz.

Fred Wilkinson

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Director of the Department of Corrections.

A man with many years of experience in the federal prison system, Wilkinson had also been instrumental in closing Alcatraz Prison, and had masterminded the trade of Russian spy Rudolf Abel for downed U-2 pilot Francis Gary Powers in Germany in 1962.

Wilkinson quickly became known as Friendly Fred around the penitentiary because of his easy, open manner around the inmates. He was often seen on weekends walking his pet bulldog inside the prison yard.

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EARLY PRISONS AND CORRECTIONAL INSTITUTIONS

Early Prisons

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Mamertine Prison/“Carcere Mamertino” (600 BC) - the oldest known prison can be traced to the Ancient Rome’s series of dungeons. It was originally designed as a reservoir for water.

Le Stinche Prison, built in the 1290s in Florence, Italy, housed male inmates separately from female inmates, and also segregated inmates by age group, degree of sanity, and severity of offense.

 

Early Prisons

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Walnut Street Jail (1776) – was originally constructed as a detention jail in Philadelphia was converted into a state prison and became the first American Penitentiary.

Devil's Island (Îsle du Diable) – 1852 - the most notorious prison in the world in terms of the harshness of its regime and position. The island is situated in the Atlantic off the coast of French Guiana (N.E. coastline of S. America) and was in use from 1852 to 1946.

Early Prisons

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Bridewell Workhouse- the most popular workhouse in London which house vagrants and prostitutes.

Dartmoor Prison- once known as the house of halfway to hell located in Devonshire, England that houses French Prisoners.

Hospicio de San Michelle

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Prison divided into cells and first established in the year 1704 at the Hospital of St. Michael during the reign of Pope Clement XI; prototype of reformatories for juvenile offenders. a. Rehabilitative concept b. Segregation of prisoners c. Forced silence for contemplation of prisoners d. Many practices were adopted in Auburn system

Early Prisons

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Château d'If (pronounced as shat-o-deef) -1524 – fortress that was built on the rocky islet of If, 2 miles off the French port of Marseilles. In 1580 it was taken into use as a state prison for those convicted of serious political and religious crimes.

 Bridewell Prison (1557) - the most popular workhouse in London which was built for the employment and housing of English prisoners.

Early Prisons

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Maison de Force (1627) – a house of correction in Ghen, Belgium which separate adult from juveniles and women from men, an innovation to prison system during the 1600s.

Indiana Women’s Prison

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It was established in 1873 as the first adult female correctional facility in the country.

As of 2005 it had an average daily population of 420 inmates, most of whom are members of special-needs populations, such as geriatric, mentally ill, pregnant, and juveniles sentenced as adults. Security levels range from medium to maximum.The prison holds Indiana’s only death row for women; however, no Indiana woman is currently sentenced to death

Walnut Street Jail in Philadelphia

Became the first American Jail. It was originally constructed as a detention jail and was converted into a state prisons. The Walnut Street jail become known as Pennsylvania System. The first jail in America was built the Walnut Street Jail in Philadelphia. RHEM RICK CORPUZ

Alcatraz

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Alcatraz (The Rock) - 1850 – the prison is located on an island in San Francisco Bay. It was built for the military in the 1850's and used by them, as a fort and a prison until 1933 when it passed to the Department of Justice and became a civil prison until it was closed in1963.

Inspection House

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Inspection House (Panopticon) - Jeremy Bentham was founder of the British Utilitarianism movement which suggested that laws should be evaluated to ensure that they are ethical and useful. He designed a model prison which was referred to as the “Panopticon”.

Auburn 1821

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Cell block architectural design to avoid contact with other prisoners.

Imposes solitary confinement and severe discipline

Inmates are on contract- convict lease system with work lasting for 10 hours per day and 6 days per week.

Singsing Prison

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inflicted aside from floggings, denial of reading materials and solitary confinement. The shower bath was a gadget so constructed as to drop a volume of water on the head of a locked naked offender. The force of icy cold water hitting the head of the offender caused so much pain and extreme shock that prisoners immediately sank into coma due to the shock and hypothermia or sudden drop in body temperature.

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Eastern State Penitentiary

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Follows the Pennsylvania System

Inmates wore hoods when marhcing to their cells to avoid seeing other prisoners

Regimentation included lockstep and single file marching with head turned right

No visitors and mail or newspapers were allowed

Competing Systems

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Pennsylvania system“Separate system”

solitary confinement eat, sleep, work in cell religious instruction reflection upon crimes

reform through salvation religious enlightenment

model for Europee.g.

Walnut St. Jail Western Penitentiary Eastern State Pen.

New York systemevolved into “Congregate system”

hard labor in shops-daysolitary confinement-nightstrict disciplinerule of silence

reform through good work habitsdiscipline

model for US-economicale.g., Auburn Prison, 1816

and the winner is…?Pennsylvania/Philadelphia model

Europeans applauded and replicatedNew York/Auburn model

won out in US; more cost-effective labor; state negotiated contracts with manufacturers

but neither curbed crime nor reformed offr’svarious reforms tinkered w/ look, purposebut icon of high-walled fortress remained: Attica,

Quentin, Folsom, Sing Sing

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Southern penologyDevastation of war and economic hardship

produced 2 results:Lease system

Private business negotiated with state for labor & care of inmates--Kentucky (1825)

Penal farmsState-run plantations which grew crops

To feed inmates To sell on free market

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Western developmentspenology in west not greatly influenced by the

ideologies of the eastprior to statehood, prisoners held in territorial

facilities or in federal military posts and prisons1852: San Quentin - California’s 1st prison1877: Salem, Oregon prison - Auburn modelwestern states discontinued use of lease system

as states entered into the unione.g. Oregon, California, Montana, Wyoming

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the Reformatory Movement(1870s - 1890s)

product of disillusionment with oppressive penitentiary system

focus remained inmate change!key features:

indeterminate sentences > fixedoffender classification should be based

on character & institutional behavioruse early release as incentive to reform

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Hallmarks of the reformatory movement

National Prison Associationprecursor: American Correctional Asso.strong religious influence (still)

Cincinnati meeting,1870

Declaration of Principles“reformation is a work of time: and a benevolent regard to the good of the criminal himself, as well as to the protection of society, requires that his sentence be long enough for the reformatory process to take effect.”

e.g., Machonochie, Crofton, BrockwayRHEM RICK CORPUZ

“reformatory” Zebulon Brockway

an institution for young offenders emphasizing training, a mark system of classification, indeterminate sentences, and parole: 1st time felons (16-30)diagnosis, individualized treatment, reform

operation: intake interview: determine causes of crime individualized work & education program mark system of classification (work, school, behavior).

move up OR down, with accumulation of marks:•begin at grade 2•can earn 9 marks/mo. for 6 months: • grade 1; or • grade 3; •then, 3 mo. good behavior: grade 2 again.

administrators determine release date Elmira Reformatory (Zebulon Brockway; 1876-1900) RHEM RICK CORPUZ

Reformatory movement endsfailed to reform (like penitentiary)brutalitycorruptionnot administered as plannedbut, important features survived:

inmate classificationrehabilitation programsindeterminate sentencesparole

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the Progressive Era(1890s - 1930s)

age of reform: set tone for American social thought & political action until 1960s!

condemned ills of new urban society--big business, big industry, urban blight

faith in science to find answers to crime, criminal behavior, treatment

new faith in government action to eliminate social problems--slums, crime

trends of periodindustrializationurbanizationtechnological changescientific advancement

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“progressive” reforms2 strategies for CJ reform:

improve general social, economic conditions that seem to breed crime

rehabilitate individual offenders4 planks in “progressive” platform:

probation (John Augustus, 1841)indeterminate sentencing (by 1920s, 37 states)parole (by 1920s, 44 states; 80% of releases)juvenile courts (1899, Cook County)

By 1970s, most of these enlightened & well-meaning reforms seen as having failed to live up to their promise

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The Medical Model(1930s - 1960s)

a model of corrections positing that criminal behavior is caused by social, psychological, biological deficiencies that require medical treatmentfirst serious efforts to implement truly medical

strategies aimed at scientifically classifying, treating, rehabilitating criminal offenders

e.g. “medical” programs & institutionspsychology (Karl Menninger)Maryland Patuxent Institution, 1955sexual psychopath, sociopath lawscrime as sickness

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The Community Model(1960s - 1970s)

model of corrections positing goal of CJS: to reintegrate offender into community

key featuresprisons should be avoided;

prison = artificial environment; prison frustrates crime-free lifestyle

need to focus on offender’s adjustment into society; not just on psychological treatment

probation intermediate sanctions;

(alternatives to incarceration) paroleRHEM RICK CORPUZ

The Crime Control Model(1970s - 2000)

less ambitious, less optimistic, less forgiving view of man & ability of CJS to change him

crime better controlled by more incarceration & strict supervision

precipitating factorspublic concern over rising crime in ‘60sdisillusionment with treatmentpublic clamor for longer sentencesdistrust of broad discretion given to correctional &

parole authorities

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Modern Trends

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1967 - The Community Based Era (Deinstitutionalization) - A more humanistic approach was envisioned. The community base approach would help the inmate and it would help solve the problem of overcrowding prisons. Inmates took part in half-way houses and job release programs. Some were even allowed week end furloughs to visit family and loved ones.

 1980 - The “Warehousing” Era - After many studies showed that efforts to rehabilitate criminals were failing miserably, it was evident that a new approach should be used. This led to the “nothing works” doctrine. The new approach would be to simply put criminals away so they would no longer be a menace to society. This is when the term “warehousing” began to surface. Prisoners were put away for determined periods of time without the earlier frills of treatment and “coddling”.

Early forms of prison discipline

HARD LABOR- productive worksDEPRIVATION- deprivation of everything except the

essentials of existence.MONOTONY- giving the same food that is “off” diet

or requiring the prisoners to perform drab or boring daily routine.

UNIFORMITY- “we treat the prisoners alike”, the fault of one is the fault of all.

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MASS MOVEMENT- mass living in cellbloks, mass eating, mass recreation, mass bathing.

DEGRADATION- uttering insulting words or languages on the part of prison staff to the prisoners to degrade or break the confidence of prisoners.

CORPORAL PUNISHMENT- imposing brutal punishment or employing physical force to intimidate a delinquent inmate.

ISOLATION or SOLITARY CONFINEMENT- non-communication, limited news, “the lone wolf”.

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Historical Development of Corrections in the Philippines

HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES

Most tribal traditions, customs, and practices influenced laws during the Pre-Spanish Philippines. There were also laws that were written which includes the;

CODE OF KALANTIAO- (promulgated in 1433). MARAGTAS CODE- (Datu Sumakwel) The most extensive and severe law that prescribes harsh punishment

is the Maragtas code (Datu Sumakwel).Eventually, the Spanish Civil Code became effective in the

Philippines on December 7, 1889, the “CONQUISTADORES”. The Kodigo Penal (noe the REVISED PENAL CODE)

was also also introduced promulgated by the king of Spain. Basically, these laws adopted the Roman Law principles (Coquia, 1996.)

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Code of Kalantiao

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Article I

Ye shall not kill, neither shall ye steal nor shall ye hurt the aged, lest ye incur the danger of death. All those who this order shall infringe shall be tied to a stone and drowned in a river or in boiling water.

Article II

Ye shall punctually meet your debt with your headman. He who fulfils not, for the first time shall be lashed a hundredfold, and If the obligation is great, his hand shall be dipped threefold in boiling water. On conviction, he shall be flogged to deatth.

Article III

Obey ye: no one shall have wives that are too young, nor shall they be more than what he can take care of, nor spend much luxury. He who fulfils not, obeys not, shall be condemned to swim three hours and, for the second time, shall be scourged with spines to death.

Most tribal traditions, customs, and practices influenced laws during the Pre-Spanish Philippines. There were also laws that were written which includes the;

CODE OF KALANTIAO- (promulgated in 1433).

MARAGTAS CODE- (Datu Sumakwel)

The most extensive and severe law that prescribes harsh punishment is the Maragtas code (Datu Sumakwel).RHEM RICK CORPUZ

Spanish Era

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Upon the occupation of the Philippines by the Spaniards dating as far back as 1521, and at various later dates when formal occupation of the different villages were effected by the Spanish “conquistadores”, the laws which were introduced in the Philippines were the royal decrees, ordinances, rules and regulations for the government of the colonies promulgated by the King of Spain from time to time and later on incorporated into "Recopelacion de las Leyes de India."

Criminal Laws under Spain

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By virtue of a Royal Decree of September 4, 1884, the Code thus prepared by the Code Committee was ordered enforced in the Philippines. Some of the objections to the enforcement of the Code were raised by the "Gobierno General" to the Minister of Ultramar, but notwithstanding such objections, in a subsequent Royal Decree dated December 17, 1886, the Code was ordered promulgated. The Penal Code together with the "Ley Engiciamiento Criminal" were then enforced, both laws taking effect four months thereafter, in accordance with the provisions of the Decree "Legislacion Ultramarina" of March 13, 1887.

Spanish Era Eventually, the Spanish

Civil Code became effective in the Philippines on December 7, 1889, the “CONQUISTADORES”. The Kodigo Penal

was also also introduced promulgated by the king of Spain. Basically, these laws adopted the Roman Law principles.

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Old Bilibid Prison

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   Established in 1847 pursuant to Section 1708 of the Revised Administrative Code and formally opened by Royal Decree in 1865,

the Old Bilibid Prison was constructed as the main penitentiary on Oroquieta Street, Manila

designed to house the prison population of the country

“Carcel y Presidio Correccional”could accommodate 1,127 prisoners.

Old Bilibid Prison

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The Carcel was designed to house 600 prisoners who were segregated according to class, sex and crime while the Presidio could accommodate 527 prisoners. Plans for the construction of the prison were first published on September 12, 1859 but it was not until April 10, 1866 that the entire facility was completed

Old Bilibid Prison

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The central tower formed the hub. Under this tower was the chapel. There were four cell-houses for the isolated prisoners and four isolated buildings located on the four corners of the walls, which served as kitchen, hospital and stores. The prison was divided in the middle by a thick wall. One-half of the enclosed space was assigned to Presidio prisoners and the other half to Carcel prisoners. 

Penal Colonies

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On August 21, 1869, the San Ramon Prison and Penal Farm in Zamboanga City was established to confine Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule. The facility, which faced the Jolo sea had Spanish-inspired dormitories and was originally set on a 1,414-hectare sprawling estate

Bureau of Prisons

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Bureau of Prisons was created under the Reorganization Act of 1905 (Act No. 1407 dated November 1, 1905) as an agency under the Department of Commerce and Police.

     It also paved the way for the re-establishment of San Ramon Prison in 1907 which was destroyed during the Spanish-American War. On January 1, 1915, the San Ramon Prison was placed under the auspices of the Bureau of Prisons and started receiving prisoners from Mindanao. 

Penal Colonies

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1904 the Iuhit penal settlement (now Iwahig Prison and Penal Farm) on a vast reservation of 28,072 hectares.

It would reach a total land area of 40,000 hectares in the late 1950s.

Confines incorrigibles with little hope of rehabilitation, the area was expanded to 41,007 hectares by virtue of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912. 

CIW (Correctional Institute for Women)

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     Other penal colonies were established during the American regime. On November 27, 1929, the Correctional Institution for Women (CIW) was created under Act No. 3579 to provide separate facilities for women offenders while the Davao Penal Colony in Southern Mindanao was opened in 1932 under Act No. 3732.

Transfer to Muntinlupa

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Commonwealth Act No. 67 was enacted, appropriating one million (P1,000.000.00) pesos for the construction of a new national prison in the southern suburb of Muntinlupa, Rizal in 1935. The old prison was transformed into a receiving center and a storage facility for farm produce from the colonies

Transfer to Muntinlupa

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November 15, 1940, all inmates of the Old Bilibid Prison in Manila were transferred to the new site. The new institution had a capacity of 3,000 prisoners and it was officially named the New Bilibid Prison on January 22, 1941. The prison reservation has an area of 587 hectares, part of which was arable. The prison compound proper had an area of 300 x 300 meters or a total of nine hectares. It was surrounded by three layers of barbed wire

Developments after the war

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A death chamber was constructed in 1941 at the rear area of the camp when the mode of execution was through electrocution. In the late ‘60s, fences were further reinforced with concrete slabs. The original institution became the maximum security compound in the 70s and continues to be so up to present, housing not only death convicts and inmates sentenced to life terms, but also those with numerous pending cases, multiple convictions and sentences of more than 20 years

Satellites of the Bilibid Prison

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The Camp Sampaguita or the Medium Security Camp, which was used as a military stockade during the martial law years and the Minimum Security Camp, whose first site was christened “Bukang Liwayway”. Later on, this was transferred to another site within the reservation where the former depot was situated. 

Sablayan and Leyte Regional Prison

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Under Proclamation No. 72 issued on September 26, 1954, the Sablayan Prison and Penal Farm in Occidental Mindoro was established.

In The Leyte Regional Prison followed suit under Proclamation No. 1101 issued on January 16, 1973.

Fort Bonifacio (non operational)

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A committee report submitted to then President Carlos P. Garcia described Fort Bonifacio, formerly known as Fort William McKinley, as a military reservation located in Makati, which was established after the Americans     came  to  the  Philippines.  The  prison  was originally used as a detention center for offenders of US military laws and ordinances.

Corregidor Prison (non operational)

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In 1908 during the American regime, some 100 prisoners were transferred from the OldBilibid Prison to Corregidor Island to work under military authorities.  This move was in accordance with an order from the Department of   Instructions, which approved the transfer of inmates so they could assist in maintenance and other operations in the stockade.

Bontoc Prison (non operational)

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The Philippine Legislature during the American regime passed Act No. 1876 providing for the establishment of a prison in  Bontoc in Mountain Province. The prison was built  for  the  prisoners of the province and insular prisoners who were members of the non-Christian tribes of Mountain Province and Nueva Viscaya.

Types of Correctional Facilities

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Prison- a place of confinement for offenders which have been sentenced by final judgment of a crime with a penalty more than 3 years.

Jail- place of confinement for offenders which have been on detention, under investigation or while the case is pending in court or those sentenced with less than 3 years of penalty.

Boot camps- modelled after military techniques, participants engage in a military training and exercise.

Types of Correctional Facilities

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Penal Colony- a settlement for exiled prisoners and separate from the general populace; used for penal labor.

Death row- a section in prison that houses offenders waiting for their execution.

Youth homes/ rehabilitation center- a secure residential facility for young people waiting for trial; social workers act as houseparents.

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PRISON MANAGEMENT AND ADMINISTRATION

Approaches in Correction

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INSTITUTIONALIZED CORRECTION

- The rehabilitation of offenders in jail or prison. COMMUNITY BASED CORRECTION- Refers to correctional activities that may take

place within the community.THERAPEUTIC APPROACH - – are those measures undertaken through

modalities of reformation similar to a drug rehabilitation process.

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Coverage of the Bureau of Corrections

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National Bilibid Prison (Muntinlupa, Rizal)New Bilibid Prison (Main)Camp SampaguitaCamp Bukang Liwayway

Reception and Diagnostic CenterCorrectional Institute for Women (Mandaluyong)Penal Colonies

Sablayan Penal Colony (San Jose, Occidental Mindoro) Iwahig Penal Colony and Farm (Palawan)Davao Penal Colony (Central Davao)San Ramon Penal Colony (Zamboanga) Leyte Regional Prison (Abuyog, Southern Leyte)

Correctional Agencies in RP

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DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT - under this are the Bureau of Jail Management and Penology (BJMP) which runs the city, municipal, and district jails; and the provincial jails through their respective provincial governments.

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT - under this is Juvenile and Justice Welfare Council which oversees the rehabilitation of young offenders.

DEPARTMENT OF JUSTICE - under this are the Bureau of Corrections, Parole and Probation Administration and the Board of Pardons and Parole.

PROVINCIAL JAILS.

Classification of Offenders

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Offenders convicted by the courts to serve sentences of three years or more are kept at the prison facilities of the bureau of corrections: they are classified as national prisoners. those meted with lighter sentences, as well as those with pending cases before the regional trial courts, are confined in provincial jails under the local government;

while those awaiting trial in municipal trial courts or serving light penalties (e.g., infraction of city or municipal ordinances) are detained in city, municipal or district jails under the Bureau of jail management and penology.

juvenile delinquents are normally sent to youth rehabilitation centers under the juvenile justice and welfare council pursuant to R.A. 9344

General Classification of Prisoners

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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 Prisoner

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Insular or National PrisonersThose 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.

 Provincial PrisonersThose 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.

Sentenced prisoners...

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 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.

 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 as to Security risk

Super Maximum Security A small portion of any prison institution population consist

of incorrigibles, recidivist, escape artist and chronic trouble makers. This category of prisoners should be confined in a unit or institution separate from the general inmates population.

The number does not constitute 10% of the whole population. Is it small so as not to justify their confinement in a separate prison. Ideally they should confined in a super maximum type of prison. Like Alcatraz were escape is quite impossible. Is it practical therefore to build a super security facility unit within a maximum prison for the incorrigible and trouble makers.

Classification of Prisoners as to security risk

Maximum Security

This shall include highly dangerous or high security risk inmates as determine by the classification board who require a high degree of control and supervision. Under this category are:

a. Those sentence to death

b. Those whose minimum sentence is twenty years imprisonment

c. Remand inmates or detainees whose sentence is twenty years and above and those whose sentences are under review by the supreme court or court of appeal.

d. Those with pending cases

e. Recidivist, habitual delinquents, and escapees

f. Those confine at the RDC.

g. Those under disciplinary punishment or safekeeping and

h. Those who are criminally insane or those with severe personality or emotional disorders that make them dangerous to fellow inmates or the prisons staffs.

Maximum security Institution

This type of institutions usually enclosed by thick wall enclosures. 18-25 feet high. On top of the walls are catwalls, along which the guards patrol at night. At corner and the strategic places are tower posts man armed by heavily armed guards.

The housing units within the walls are of the interior cell block types. Inmates confined in this type of institution are not allowed to work outside the institutions but are assigned to industrial shop within the prison compound.

Medium security This shall include those who cannot be trusted in less secured

areas and those whose conduct or behavior require minimum supervision. Under this category are;

a. Those whose minimum sentence is less than twenty (20) years imprisonment.

b. Remand inmates or detainees whose sentences are below twenty (20) years.

c. Those who are 18 years of age and below, regardless of the case and his sentence.

d.  Those who have two or more records of escapes. They can be classified as medium security inmates if they have serve eight years since they were recommitted. Those with one record of escape must serve five years.

e. First offender sentenced to life imprisonment.they may be classified as medium security if they have serve five years in a maximum security prison or less upon recommendation of the superintendent.

The Medium security institution

This type of institution is usually enclosed by two layers of wire fence. The inner fence is 12 feet to 14 high with curb and the outer fence is 8 to 12 feet high. Usually the top portion of the fence is provided with barbed wire.

The perimeter fence requires a minimum number of personnel to guard it. The housing units consist of outer single cells, honor rooms, and dormitories. The inmates maybe allowed to work outside the fence under guard escorts.

Minimum security

This shall include those who cannot be reasonably trusted to serve their sentences under less restricted conditions. Under this category are;

a.. Those with severe physical handicap as certified by the chief medical officer.

b.. Those who are 65 years old and above with pending case and whose convictions are not on appeal.

c.. Those who have serve one-half of their minimum sentence or one-third of their maximum sentence excluding their GCTA.

d.. Those who have only six months more to serve before the expiration of their sentence.

The minimum security institution;This type of institution is usually without a fence and if

there is one, its purpose is to keep away civilian population from the entering institution rather than preventing escapes.

There are no bars or keys to dormitories nor armed guards with in the institutions. The housing units are composed of dormitories requiring or no little supervision by correctional workers.

The united nation congress held in Geneva and in London in 1960 and 1965 passed resolutions urging more use of open institutions. Penologist believe that the reformation of prisoners can be attained more effectively and speedily and with least expresses in open institutions than in a maximum or in medium security institutions.

Classification of Prisoners According to Degree of Security4. 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.

Color of uniform as to security Classification

  The color of the uniform of an inmate shall

be based on his security classification, as follows;

a.. Maximum security – Tangerine

b.. Medium security – Blue

c.. Minimum security – Brown

d.. Detainee - Gray

Classification of Inmates according to Grade or Privilege

RHEM RICK CORPUZ

DetaineeThird Class Inmate- one who has been previously

committed for three or more times as a sentenced inmate

Second Class- a newly arrived inmate; First Class- one whose character and credit for

work is known; Colonist

Who may be considered as Colonist?

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A first class inmate and has served one year immediately preceding the completion of the following qualifications: Has served one fifths of the maximum

sentenceOr in case of life sentence seven

years

Benefits of a Colonist

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Credit of additional 5 days for each month pursuant to Art. 97 of the RC

Automatic reduction of life sentence to 30 years

To have his wife and children or the woman he desires to marry to live with him

Issuance of clothing and household supply To wear civilian clothes * Inmates who are spouses may serve their

sentence together as colonist

Purpose of Confinement

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To segregate offenders from society; and

To rehabilitate him so that upon his return to the society he shall be responsible and law abiding citizen.

Competent Authority

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Municipal Trial Court (MTC)

Metropolitan Trial Court (MTC)

Municipal Circuit Trial Court (MCTC)

Regional Trial Court (RTC)

Court of Appeal (CA)Court of Tax Appeal

(CTA)Sandigan BayanSupreme Court (SC)Shari’a Court

Commission on Election (COMELEC)

Bureau of Immigration and Deportation (BID)

Military CourtHouse of RepresentativeSenateBoard of Pardon and

Parole (BPP)And other administrative

agencies as maybe authorized by law

Carpeta vs. Prison record

RHEM RICK CORPUZ

Carpeta- the institutional record of an inmateMittimus/ commitment order Information Decision of the trial court (judgment)

Prison Record- this refers to the information regarding inmate’s personal circumstances, the offense he committedthe sentence imposed Case number, date of commencement Date received for confinement, date of expiration Previous cases etc.

Admission and Confinement

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Mittimus order Decision Information Certificate of detention from jail Certificate of pending or no

pending cases Certificate of appeal or non-appeal Detainees manifestation (RA 6127) Medical certificate

Commitment Order

Information

Medical Certificate

Mittimus

Certificate of no

pending case from

MTC

Certificate of pending cases from regional

Trial Court

Certificate of

Detention

Detainees Manifestatio

n

Admission Procedures

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1. Receiving;2. Checking commitment papers;3. Establishing identity of the

prisoner;4. Searching the prisoner;5. Assignment to quarters

Quarantine Cell

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it is a unit or cell in the prison or jail or a section of the RDC where the prisoners are given thorough physical examination including blood test, x-rays, inoculation and vaccination.

Purpose:to insure that the new prisoner is not suffering

from any contagious disease which might be transferred to other prisoners.

Interview with a social workerOrientation with prison rules

For 5 days

Assignment of Inmate

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After quarantine, the inmate shall stay at the RDC for 55 days Psychological examPsychiatric examSociological examVocational exam Educational exam Religious exam

An Inmate record shall be kept for this purpose: Inmates personal circumstances, history and initial

classification

Admission of Inmates

RHEM RICK CORPUZ

Registration book shall be maintained Name of inmate Reason for commitment and authority SentenceDate and hour of admission Date and hour of discharge or transfer

Process of Admission: Inmate shall be photographed, fingerprinted,

assigned prisoner number, regulation haircut and beard and moustache shall be shaven

Body Search of Inmates

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A thorough search shall be made. Strip search Intensive search Booty check

Properties/ articles confiscated with receipt Inmates with medicines/ drugs shall be allowed to

bring it in upon the recommendation of the prison doctor.

Confiscation of Contraband

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Contraband – any thing, object or material that is contrary to prison rules and regulationsWeapons, substances, drugs, or analogous objects

Admission of Inmates

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Inmate issued: (depending on availability) 2 regulation uniforms , 2 t-shirts , 1 pair of slippers Blanket, Mat, Pillow w/ case Mosquito net, 1 set mess kit

Inmate may bring his own clothes & other possessions that will not compromise safety

Electronic equipment may be allowed on condition that it will be shared with others

Unauthorized items: under custody of guard & receipted to be returned upon release

No jewelleries or luxurious items

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CLASSIFICATION PROCESS

Important terms

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CUSTODY – Defined as the guarding of penal safekeeping. It involves security measures, locking and counting routines, produces for searching prisoners and their living quarters, and prevention of contraband.

CONTROL – It involves supervision of prisoners to insure punctual and orderly movement to and from the dormitories, places of work, church, hospitals, and recreational facilities in accordance with the daily schedule.

Prison Discipline – it is the continuing state of good order and behavior in prison. It includes the maintenance of good standards of work, sanitation, safety, education, personal health and recreation.

Reception and Diagnostic Center

RHEM RICK CORPUZ

This is a special unit of prison where new prisoners undergo diagnostic examination, study and observation for determining the program of treatment and training best suited to their needs and the institution to which they should be transferred.

RDC’s STAFFPSYCHIATRISTSPSYCHOLOGISTSSOCIOLOGISTSEDUCATIONAL COUNSELORVOCATIONAL COUNSELORCHAPLAINMEDICAL OFFICERCUSTODIAL CORRECTIONAL

Diversification

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Is an administrative device of correctional institutions of providing varied and flexible types of physical plants for the effective control of the treatment programs of its diversified population.

Diversification may be done either: By a building special institution for different classed

of prisoners which is more desirable since it provides proper segregation of groups and more effective execution of the treatment program, or

Providing separate facilities within a single institution itself, that is, big institution may be broken into smaller units.

Classification

RHEM RICK CORPUZ

A method by which diagnosis, treatment planning, and execution of treatment programs are coordinated in the individual case.

Refers to the best program to be adopted for the rehabilitation of inmates according to their needs and existing resource.

4 separate but coordinated procedures

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Diagnosis- case history is taken and personality is studies

Treatment planning- tentative treatment programs based on diagnosis

Execution of the treatment programRe- classification- to keep with

inmates needs

Classification Board

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Chairman – Penal Superintendent V-Chairman – Chief, RDC Member – Medical Officer Member – Chief, Education Section Member – Agro-Industries Section Member – Chief Overseer

Confinement and Accommodation

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One Jail officer/Prison guard for every seven (7) inmates(e.g. Twenty eight Jail Officers for two hundred ten

inmates)One Jail officer/Prison guard for one inmate

plus one supervisor(e.g. Three inmates to four Jail Officers including

supervisor)Minimum cell measurement for inmates shall

be Three meters by three meters ( 3 by 3 )3 meals a day/ breakfast shall not be served 14

hours after last meal

Outside Movement

RHEM RICK CORPUZ

inmates allowed to go out upon approval of sec of DOJ on the ff occasions: Medical examination Treatment or hospitalization View remains of a deceased relative (for minimum or medium

security prisoners only): Wife or husband Child Brother/sister Parents Grandchild Grandparent

NOTE: privilege allowed if remains is w/in 30-km radius by road; viewing is no more than 3 hrs; may be granted even for more than 30-km provided inmate can return during daylight hours of same day

Rights of Inmates

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To receive compensation for labor he performed Detainee not required to work – only necessary for

cleanliness & orderliness Full credit of period of preventive detention – if

detainee agreed in writing to abide same regimen with sentenced prisoners; not allowed to recidivist

4/5 of detention period – if detainee does not agree Female inmates – assigned to jobs suitable to their

physical condition & age Inmates over 60 yrs old excused from mandatory

prison labor

Prison Labor

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Maximum security inmates not allowed to work outside maximum-security compound

Compensation may be received 6 mos after being permanently assigned to work

All/part of compensation may be paid for supplies & equipment lost or damaged due to his fault

Compensation Credits

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Compensation how given ½ to buy his needs ½ paid only upon release

Good Conduct Time Allowance

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The Director of BUCOR shall grant GCTA GCTA deduction estimates:

1st 2 yrs – 5 days for each month of good behavior 3rd – 5th yrs – 8 days for each month of good behavior 6th – 10 yrs – 10 days for each month of good behavior 11th yr & onwards – 15 days for each month of good

behavior GCTA also available to detainee who agreed to

abide with regimen similar to sentenced prisoners GCTA not available to inmate whose sentence is

life imprisonment and on appeal

Special Time Allowance for Loyalty

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Special Time Allowance for Loyalty (STAL) Under Art. 98 & 158 of RPC Given to inmate who surrendered to

authorities within 48 hrs after passing of calamity: (1) conflagration, (2) earthquake, (3) explosion, (4) similar catastrophes, (5) mutiny not participated by inmates

Deduction of 1/5 of sentence

Other Privileges of prisoners

RHEM RICK CORPUZ

To send and receive correspondence Telephones shall be used every 90 days for a

time of 5 minutes To practice his faith or religion

No proselytizing To marry and solemnize the same inside prisonTo receive authorized visitors on designated time

and place To air grievances through the proper channels To receive death aid

Prohibited Acts Subject to Disciplinary Action

RHEM RICK CORPUZ

Participation in illegal sexual acts, Public display of pornographic materials, Obscene language, Displaying any behavior which might lead to disorder

or violence, Possession of articles posing a threat to prison

security, Maligning or insulting any religious belief or group,Giving gifts, Selling or engaging in barter with anybody, Gambling,

Prohibited Acts Subject to Disciplinary Action

RHEM RICK CORPUZ

Loitering, rendering personal services to or requiring personal services from fellow inmates,

Disobeying lawful orders of prison authorities,Threatening anybody either in verbal or written

form, of any communication devices, Tattooing himself, Engaging in business or profession from within, Possession of any communication device such as

cellphone, pager or transceiver

Prison Discipline

RHEM RICK CORPUZ

Caution or reprimand; Cancellation of privileges: recreation,

education, entertainment & visitation; Deprivation of GCTA for a specific

period; and Change of security classification from

medium to maximum or minimum to medium.

Protection of Inmates from Institutional Abuse

RHEM RICK CORPUZ

Cruel, unusual or degrading act as punishment

Corporal punishment Use of Physical forceDeprivation of clothing, bed and

bedding, light, ventilation exercise, food, hygienic facilities

Forced labor

Qualified Privileges

RHEM RICK CORPUZ

On Medical TreatmentOn Wake Privilege (Pursuant to executive Order no. 70

inmate under minimum or medium security classification maybe allowed to view the remain of the relatives within the second degree of consanguinity, which includes: a. Wife or Husband b. Children c. Mother or Father d. Brother or Sister e. Grandparent f. grand children.)

Sports ProgramsEducational ParadigmPostal ServiceVisitation PrivilegesOn Religious FreedomOn Conjugal Visit

Other Rules

RHEM RICK CORPUZ

Disciplinary cell: for obstinate prisoners (disciplinary measures proved ineffective) – given 1 to 2 months as the case may be.

- Handcuffs & strait jackets: not to be used except To prevent an escape during transfer or

movements To prevent inmate harming himself or

others To prevent inmate destroying property

RHEM RICK CORPUZ

INSTITUTIONALIZED TREATMENT PROGRAM

Prison Education

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The Educational Program — inmate attends literacy and citizenship classes and group therapy sessions. The objectives of the educational classes in the Center are to determine the educational possibilities of the inmate which may be pursued or encouraged in prison, and to encourage, through group sessions, the in dividual to talk out his problems, to lend him to recognize desirable goals and ways of attaining them.

Cornerstone of Rehabilitation Classes of Prison education

General and Academic Education Vocational Education Physical Education

Prison Education

RHEM RICK CORPUZ

Educational Programs Elementary Education Secondary EducationCollege Education Vocational Training

Prison Education

RHEM RICK CORPUZ

Work Programs

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Vocational Program — inmate is given on-the-job training and obser vation to determine his vocational interests and abilities and to determine his attitude toward work.

Classification of Work ProgramsEducational Assignment Maintenance Assignment Agricultural and Industrial Assignment Unassignable

Work Program

RHEM RICK CORPUZ

Religious services

RHEM RICK CORPUZ

The purpose of this program is to change the attitudes of inmates by inculcating religious values or belief.

 Function of Chaplain:1. Conduct communion and confession to inmates,2. Conduct religious ministry such as preaching the Bible,3. Conduct private and personal counseling in the form of

inmate interview.

 Administrative Function of the Chaplain:1. Member of the RDC staff,2. Member of the Classification Committee,3. Render Evaluation to the BPP.

Recreational Activity

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The only program that is conducted during free time schedule.

Objectives: 1. Mental and Physical Development2. Help prisoner to become aware of their individual

conditions to provide them a method of improvement.

3. Development of cooperative competitions,4. Arouse the interest of the prisoners in recreational

programs.Activities may include:

Athletics/ sports, music and arts, social games, special activities on special events, etc.

Recreational Activity

RHEM RICK CORPUZ

Medical and Health services

RHEM RICK CORPUZ

Mental and physical examination

Diagnosis and treatmentImmunizationSanitary inspections Participation in training

Medical Concerns in Prison

RHEM RICK CORPUZ

Pregnant CIW inmates shall be allowed to give birth inside the CIW and the child shall stay with the mother for one year after giving birth.

Sick inmates maybe visited by relatives Referral for cases of serious illness is made by

the prison doctor. If an inmate cadaver is unclaimed the same shall

be donated to an institution of learning or scientific research

Counseling and Casework

RHEM RICK CORPUZ

Objectives of Counseling:  1. Immediate solution of specific personal problem,2. Help inmates to increase self understanding

Objectives of Casework:  1. To obtain clear description of social history,2. Solving immediate problems involving family

problems or other personal relationship,3. Assist inmates towards acceptable solutions,4. Support inmates, who are nearly release by giving

them guidance or information,5. Professional assistance to offenders on probation

or parole.

Release of an Inmate

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Upon expiration of sentence Order of competent authority After being granted parole, pardon

or amnesty.

Mode of releases are;

1. Bail2. Release On

Recognizance (ROR)

3. Probation4. Parole5. Sentenced fully

served

6. Absolute Pardon7. Conditional

Pardon8. Amnesty9. Commutation of

sentenced10. Destierro

Who is authorized to release?

RHEM RICK CORPUZ

The Supreme Court or lower courts- acquittal or bail

President of the Philippines- Executive clemency

Board of Pardon and parole- Parole cases

Director in cases of expiration of sentence

Rules on release

RHEM RICK CORPUZ

Prompt release of inmate without delay For foreign nationals and those with pending

cases the Commissioner of Immigration for the latter and the former at the court shall be notified 30 days before release

No prisoner shall be released 60 days BEFORE ELECTIONS and 30 days AFTER ELECTIONS.

All inmates waiting for release shall stay at the separation and placement center

Pre- release seminar

RHEM RICK CORPUZ

It is the program specifically designed and given to a prisoner, during a limited period, prior to his release, in order to give him an opportunity to adjust himself from the regimented group like in prison to the normal, independent life of a free individual.

Transmittal of records

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Commutation of sentence- 1 month before the expiration of the 1/3 of the minimum period

Conditional pardon- 1 month before the 1/3 minimum period

Parole- 1 month before the expiry of the minimum sentence

Custodial Force in Prison

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Superintendent Assistant Superintendent Chief OverseerCommander of the GuardsInspector of the Guard Guard KeeperYard Guard Guards at the main post and outpost

Security procedures

RHEM RICK CORPUZ

Inmate headcount shall be 4 times a day PREVENTION DISCIPLINE – Involves

prompt correction of minor deviations before they become serious violations, which may be dealt with a reprimand or warning and is used when the deviation is:trivialdue to ignorance or lack of understanding; orthe result of careless or faulty habits.

Security procedures during emergencies

RHEM RICK CORPUZ

Procedures in dealing with riots or disturbances a. At the sound of the first alarm, all inmates shall

be locked up inside their respective cells/quarters. Inmate work crew shall immediately returned to the prison compound or previously designated areas for accounting and confinement after a head.

b. If the disturbance occurs during visiting hours, all visitors shall immediately ushered out of prison compound or if this is not possible, brought to a pre-determined area inside said compound. In the latter case, the visitors shall not be allowed to leave the said area or the compound until disturbance has ceased and the inmates have been properly identified.

Security procedures during emergencies

RHEM RICK CORPUZ

c. At the same time, all guards who are not on duty shall be directed to immediately report to the desk officer. All critical posts shall be manned to prevent escapes. The most senior guard present shall take command of the custodial force and make assessment of the situation.

d. All telephone calls to and from the prison compound shall be controlled

Security procedures during emergencies

RHEM RICK CORPUZ

e. Based on the assessment of the prevailing condition by the OIC, he may deploy the guards in the following groups:1. 1st Group – the initial wave of anti-riot contingent

whose purpose is to disperse rioters. They are armed with wicker shields,

headgears, gas masks and batons.2. 2nd Group – equipped with teargas guns and gas

grenades.3. 3rd Group – trained in proper handling and use of

firearms.

After the riot

RHEM RICK CORPUZ

Conduct head countSegregate ringleaders and agitatorsAssess and determine the damage to the facilitiesInvestigate the cause of the riotRepair damagesAdopt measures to prevent similar incidentAdminister first aid to the injuredSubmit a report of the incident to the secretary