Uploaded by Kuya Koin

correctional-administration-1-corad-1-lecture-notes-bachelor-of-science-in-criminology compress

advertisement
CORRECTIONAL ADMINISTRATION
(INSTITUTIONAL CORRECTION)
I.
BASIC DEFINITION OF TERMS
PENOLOGY
- The study of punishment for crime or
of criminal offenders. It includes the
study of control and prevention of
crime through punishment of
criminal offenders.
- The term is derived from the Latin
word “POENA” which means Pain
or Suffering.
- It is otherwise known as Penal
Science. It is actually a division of
criminology that deals with prison
management and the treatment of
offenders, and concerned itself with
the philosophy and practice of
society in its effort to repress
criminal activities.
- Penology has stood in the past and
for the most part, still stands for the
policy of inflicting punishment on the
offender as a consequence of his
wrongdoing.
-
II.


Note: Penology was also derived from
the Latin word “POENALIS” which
means Punishment.
PENAL MANAGEMENT
- Refers to the manner or practice of
managing or controlling places of
confinement as in jails or prisons.
CORRECTION
- A branch of Criminal Justice System
concerned
with
the
custody,
supervision and rehabilitation of
criminal offenders.
- It is that field of criminal justice
administrations which utilizes the
body of knowledge and practices of
the government and the society in
general involving the processes of
handling individuals who have been
convicted of offenses for purpose of
crime prevention and control.
- It is the study of jail/prison
management and administration as
well as the rehabilitation and
reformation of criminals.
- It is a generic term that includes all
government agencies, facilities,
program, procedures, personnel,
and techniques concerned with the
investigation,
intake,
custody,
confinement,
supervision,
or
treatment of alleged offenders.
CORRECTION AS A PROCESS
- Refers to the reorientation of the
criminal offender to prevent him or
her from repeating his deviant or


III.
The study and practice of a
systematic management of jails or
prisons
or
other
institutions
concerned
with
the
custody,
treatment, and rehabilitation of
criminal offenders.
CORRECTION
AND
THE
CRIMINAL JUSTICE SYSTEM
The Criminal Justice System is the
machinery of any government in the
control and prevention of crimes and
criminality. It is composed of the
pillars of justice such as: the Law
Enforcement, Prosecution, the
Court,
Correction,
and
the
Community Pillar.
Correction as one of the Pillars of
Criminal
Justice
System
is
considered as the weakest pillar.
This is because of its failure to deter
individuals in committing crimes as
well as the reformation of inmates.
This is evident in the increasing
number of inmates in jails or prisons.
Hence, the need of prison
management is necessary to
rehabilitate inmates and transform
them to become law-abiding citizens
after their release.
Correction is the fourth Pillar of the
Criminal Justice System. This Pillar
takes over once the accused, after
having been found guilty, is meted
out the penalty for the crime he
committed. He can apply for
probation of he could be turned over
to a non-institutional or institutional
agency or facility for custodial
treatment and rehabilitation. The
offender could avail of the benefits of
parole or executive clemency once
he has served the minimum period
of his sentence.
When the penalty is imprisonment,
the sentence is carried out either in
the municipal, provincial, or national
penitentiary depending on the length
of the sentence meted out.
HISTORICAL
PERSPECTIVE
ON CORRECTIONS
IMPORTANT DATES AND EVENTS IN
THE HISTORY OF CORRECTIONS:

13th Century
Securing Sanctuary- In the 13th
Century, a criminal could avoid
punishment by claiming refugee in a
church or a period of 40 days at the
end of which time he has compelled
delinquent actions without the
necessity of taking punitive actions
but rather the introduction of
individual measures of reformation.
to leave the realm by a road or path
assigned to him.

1468 (England) - Torture as a form
of punishment became prevalent.
CORRECTIONAL ADMINISTRATION
1
by:
KATHERINE ROSE C CORTEZ, RCRIM
Compiled



16th Century- Transportation of
criminals in England was authorized.
At the end of the 16th Century,
Russia
and
other
European
Countries followed this system. It
partially relieved overcrowding of
prisons.
Transportation
was
abandoned in 1835.
17th Century to Late 18th CenturyDeath Penalty became prevalent as
a form of punishment.
Piracy act of 1717- It was an act of
the parliament of Great Britain that
established a 7 years penal
transportation to North America as a
possible punishment for those
convicted of lesser felonies.
GAOLS (Jails) - Pretrial detention facilities
operated by English Sheriff.
GALLEYS- Long, low, narrow, single
decked ships propelled by sails, usually
rowed by criminals. A type of ship used for
transportation of criminals in the 16th
Century.
HULKSDecrepit
transport,
former
warships used to house prisoners in the 18th
and 19th Century. These were abandoned
warships converted into prisons as means
of relieving congestion of prisoners. They
were also called “Floating hells”.
THE
PRIMARY
PENOLOGY
SCHOOLS
OF
1. The Classical School- It maintains
the “Doctrine of Psychological
Hedonism” or “Freewill” that the
individual calculates pleasures from
pain in advance of his action and
regulates his conduct by the result of
his calculations.
2. The Neo-classical School- It
maintained that while the classical
doctrine is correct in general, it
should be modified in certain details.
Since children and lunatics cannot
calculate
the
differences
of
pleasures from pain, they should not
be regarded as criminals; hence
they
should
be
free
from
punishment.
3. The Positivist or Italian SchoolThe school that denied individual
responsibility and reflected nonpunitive reactions to crime and
criminality. It adheres that crimes, as
any other act, is a natural
phenomenon.
Criminals
are
considered as sick individuals who
need to be treated by treatment
programs rather than punitive
actions against them.
IV.
THE
EMERGENCE
SECULAR LAW
OF
laws were St. Augustine and St.
Thomas Aquinas.
Four Laws were distinguished:
1. External Law (Lex Externa)
2. Divine Law (Lex Divina)
3. Natural Law (Lex Naturalis)
4. Human Law (Lex Humana)

The Judean-Christian TheoryFully developed during the death of
Christ in 30 A.D. This theory of
expiation believes that punishment
has a redemptive purpose of
repelling sin advocated by the devil.
THE PRIMITIVE SOCIETY
 Retaliation (Personal Vengeance)
- The earliest remedy for a wrong act
to any one (in the primitive society).
The concept of personal revenge by
the victim’s family or tribe against
the family or tribe of the offender,
hence “Blood feuds” was accepted
in the early primitive societies.
 Fines and Punishment- Customs
have exerted effort and great force
among primitive societies. The
acceptance of vengeance in the
form of payment (cattle, food,
personal services, etc.) became
accepted as dictated by the tribal
traditions. As tribal leaders, elders
and later kings came into power,
they begun to exert their authority on
the negotiations. Wrongdoers could
choose to stay away from the
proceedings (Trial by Ordeal) but if
they refuse to abide by the law
imposed, they will be declared to be
an outlaw.
EARLY CODES
1. Babylonian and Sumerian Codes
a. Code of King Hammurabi
(Hammurabic Code) - Babylon,
about 1990 B.C., credited as the
oldest code prescribing savage
punishment,
but
in
fact,
Sumerian codes by King Ur
Nammu
were
nearly
one
hundred years older.
2. Roman and Greek Codes
a. Justinian Code- 6th C A.D.,
Emperor Justinian of Rome
wrote his code of law. An effort to
match a desirable amount of
punishment to all possible
crimes. However, the law did not
survive due to the fall of the
Roman Empire but left a
foundation of Western legal
codes.
b. Law of the Twelve Tables (Lex

2
by:
4th A.D. - Secular laws were
advocated by Christian philosophers
who recognizes the need for justice.
Some of the proponents of these
Decemviri
Tabulae)
It
represented
the
earliest
codification of Roman Law
incorporated into the Justinian
Code. It is the foundation of all
KATHERINE ROSE C CORTEZ, RCRIM
Compiled
public and private law of the
Romans until the time of
Justinian. It is also a collection of
legal principles engraved on
metal tablets and set up on the
forum.
c. Greek Code of Draco- In
Greece, the Code of Draco, a
harsh code that provides the
same punishment for both
citizens and the slaves as it
incorporates primitive concepts
(Vengeance, Blood feuds).
d. Code of Solon- Amended the
Law of Draco, a law that
abolished Death Penalty, but not
for Murder.
3. The Burgundian Code (500 A.D.)a specified punishment according to
the social class of offenders, dividing
them into: Nobles, Middle class, and
Lower class and specifying the value
of the life of each person according
to social status.
EARLY CODES (Philippine Setting)
1. The
Code
of
KalantiaoPromulgated in 1433, the most
extensive and severe law that
prescribes harsh punishment in
Aklan and Panay Islands.
2. The Maragtas Code- By Datu
Sumakwel of Ilo-Ilo.
3. Sikatuna Law- Bohol.
EARLY PRISONS
1. Mamertine
Prison
(Carcere
Mamertino)- The only early Roman
place of confinement which is built
under the main sewer of Rome in 64
B.C.
-Other places of confinement in the
history of confinement include
FORTRESSES, CASTLES, and
TOWN GATES that were strongly
built against roving bands of raiders.
2. Bridewell Workhouse (1557)- The
most popular workhouse in London
which was built for the employment
and housing of English Prisoners.
3. Wulnut Street Jail- Originally
constructed as a detention jail in
Philadelphia. It was converted into a
state prison and became the first
American Penitentiary.
4. Singsing Prison- The third prison
built by the New York State. It is a
maximum security prison 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
the shock and hyporthermia or
sudden drop in body temperature.
5. Alcatraz (The Rock)- 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 through the
recommendation if Dir. John Edgar
Hoover and became a civil prison
until it was closed in 1963 through
the writings of James Bennet.
-The hardest prison in history
where number one public enemies
are imprisoned like Al Capone.
6. Elmira Reformatory (The Hill)- It is
considered as the forerunner of
modern penology because it had all
the elements of a modern system.
Supt. Zebulon Reed Brockway is
the
Director
of
the
Elmira
Reformatory in New York (1876) who
introduced
certain
innovational
programs like the following: Training
school type – Compulsory education
of prisoners – casework methods –
Extensive
use
of
parole
–
Indeterminate sentence.
Note: 1870-1880 is considered as
the Golden Age of Penology.
EARLY PRISONS IN THE PHILIPPINES
During the Pre-Spanish period,
prison system in the Philippines was tribal in
nature. Village chieftains administered it. It
was historically traced from the early written
laws.
Established in 1847 pursuant to
Section
1708
of
the
Revised
Administrative Code and formally opened
by Royal Decree in 1865, the first Bilibid
Prison was constructed and became the
central place of confinement for Filipino
Prisoners by the virtue of the Royal Decree
of the Spanish Crown.
In 1936, the City of Manila
exchanges its Muntinlupa property with the
Bureau of Prisons originally intended as a
site for boys’ training school. Today, the old
Bilibid Prison is now being used as the
Manila City Jail, famous as the “May
Halique Estate”.
V.
PUNISHMENT
- Punishment 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.
PENALTY AND THE MODERN PERIOD
OF CORRECTION
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
3
by:
-
Penalty is defined as the suffering
inflicted by the state against an
offending
member
for
the
transgression of law.
KATHERINE ROSE C CORTEZ, RCRIM
Compiled
Ancient Forms of Punishment
1. Death
Penalty
(Capital
Punishment)- Affected by burning,
beheading, hanging, breaking at the
wheels, pillory and other forms of
medieval executions.
2. Physical
Torture
(Corporal
Punishment)- Affected by maiming,
mutilation, whipping and other
inhumane or barbaric forms of
inflicting pain.
3. Social Degradation- Putting the
offender into shame or humiliation.
4. Banishment or Exile- The sending
or putting away of an offender which
was carried out either by prohibition
against coming into a specified
territory such as an island to where
the offender has been removed.
5. Other similar forms of punishment
like Transportation and Slavery.
METHODS
OF
DEATH
PENALTY
EXECUTED IN THE PHILIPPINES
1. GARROTE
An iron collar attached upon
a scaffold formerly used in Spain
and Portugal. The convict is seated
on the improvised chair with both
hands and feet tied. Then, the
victim’s neck is placed on the collar
attached to it, finally, the iron collar is
slowly tightened by the screw at the
back chair by the executioner until
the death convict is pronounced
dead.
2.
3.
4.
5.
This method of execution
was abolished in the Philippines by
virtue of Act 451.
MUSKETRY/FIRING SQUAD
BEHEADING/DECAPITATION
Derived from the Latin word
“De” meaning From, and “Caput”
meaning a Head. Instead of using
an axe, the method employed is by
use of a sword and the practice is
widespread in China and Muslim
States.
HANGING
Mostly, the execution is
conducted at dawn. The executioner
will place a cloth over his head.
Steel weights are strapped to the
legs of the death convict to ensure
that he/she will die quickly. Then the
rope will be placed around the neck
of the convict, and finally, the
platform will be removed.
ELECTRIC
CHAIR/SILIA
ELECTRICA
The Muntinlupa electric,
which was originally used way back
1926, has claimed more than
Note: William Francis Kemmler is
the first person to be executed by
Electric chair in Buffalo, New York
after he has been convicted by
killing his common-law wife.
6. LETHAL
INJECTION
(INTRAVENOUS POISONING)
While the 1987 Constitution
abolished death sentence, however,
Congress in 1996 passed RA 7659
as amended by RA 8177 that
imposes death penalty for heinous
crime by lethal injection



Components of chemicals in
Lethal Injection:
Sodium Thiopental- sleep inducing
barbiturate commonly used in
surgery to put the patient asleep.
Pancuronium Bromide- a drug
capable of paralyzing the muscles.
Potassium Chloride- capable of
stopping heartbeat within seconds,
this is commonly used in Heart-bypass operations.
OTHER FORMS OF EXECUTION
1. STONING
TO
DEATH
(LAPIDATION)
2. CRUCIFIXION
3. BURNING AT STAKE
4. PILLORY
5. FLAGELLATION
6. GUILLOTINE- Developed in 1972 by
Dr. Joseph Ignacio Guillotin, a
member of the French National
Assembly, he proposed that all
executions must be uniform and
painless.
7. GAS CHAMBER
8. IMPALEMENT- Piercing by spear.
EARLY FORMS OF PRISON DISCIPLINE
1. Hard Labor- Productive works.
2. DeprivationDeprivation
of
everything
except
the
bare
essentials of existence.
3. Monotony- Giving the same food
that is “off” diet, or requiring the
prisoners to perform drab or boring
daily routine.
4. Uniformity- “We treat the prisoners
alike”; “The fault of one is the fault of
all”.
5. Mass Movement- Mass living in cell
blocks,
mass
eating,
mass
recreation, mass bathing.
6. DegradationUttering insulting
words or languages on the part of
the prison staff to the prisoners to
degrade or break the confidence of
prisoners.
7. Corporal Punishment- Imposing
brutal punishment or employing
physical force to intimidate a
delinquent inmate.
seventy (70) offenders convicted of
capital offenses since its installation
four (4) decades ago.
4
by:
8. Isolation or Solitary Confinement
(Bartolina)Non-communication,
limited news, “the lone wolf”.
 BJMP- 1 to 7 days.
KATHERINE ROSE C CORTEZ, RCRIM
Compiled


BUCOR- 1 month to 2
months
UN RULES- 22 hours to 15
days.
CONTEMPORARY
FORMS
OF
PUNISHMENT
1. Imprisonment- Putting the offender
in prison for the purpose of
protecting the public against criminal
activities and at the same time
rehabilitating the prisoners by
requiring
them
to
undergo
institutional treatment programs.
2. Parole- A conditional release of a
prisoner after serving part of his/her
sentence in prison for the purpose of
gradually reintroducing him/her to
free life under the guidance and
supervision of a parole officer.
3. Probation- A disposition whereby a
defendant after conviction of an
offense, the penalty of which does
not exceed six years imprisonment,
is released subject to the conditions
imposed by the releasing court and
under the supervision of a probation
officer.
4. Fine- an amount given as a
compensation for a criminal act.
5. Destierro- The penalty of banishing
a person from the place where he
committed a crime, prohibiting him to
go near or enter the 25-kilometer
perimeter.
PURPOSES/JUSTIFICATIONS
OF
PUNISHMENT
1. Retribution- The punishment should
be provided by the state whose
sanction is violated, to afford the
society or the individual the
opportunity of imposing upon the
offender suitable punishment as
might be enforced. Offenders should
be punished because they deserve
it.
2. Expiation or Atonement- It is
punishment in the form of group
vengeance where the purpose is to
appease the offended public or
group.
3. DeterrencePunishment
gives
lesson to the offender by showing to
other what will happen to them if
they violate the law. Punishment is
imposed to warn potential offenders
that they cannot afford to do what
the offender has done.
4. Incapacitation and Protection- The
public will be protected if the
offender has being held in conditions
where he cannot harm others
especially the public. Punishment is
effected by placing offenders in
prison so that society will be ensured
Society’s interest can be better
served by helping the prisoner to
become law abiding citizen and
productive upon his return to the
community by requiring him to
undergo intensive program of
rehabilitation in prison.
VI.
THE
AGE
OF
ENLIGHTENMENT
18th Century is a century of change. It is
the period of recognizing human dignity. It is
the movement of reformation, the period of
introduction of certain reforms in the
correctional field by certain persons,
gradually changing the old positive
philosophy of punishment to a more
humane treatment of prisoners with
innovational programs.
The Pioneers:
1. William Penn (1614-1718)
-He fought for religious freedom and
individual rights.
-He is the first leader to prescribe
imprisonment as correctional treatment for
major offenders.
-He is also responsible for the abolition of
death penalty and torture as a form of
punishment.
2. Charles Montesiquieu (Charles
Louis Secondat, Baron de la
Brede et de Montesiquieu, 16891755)
-A French historian and philosopher who
analyzed law as an expression of justice.
He believe that harsh punishment would
undermine morality and that appealing to
moral sentiments as a better means of
preventing crime.
3. VOLTAIRE (Francois Marie Arouet,
1694-1778)
-He was the most versatile of all
philosophers during this period. He believes
that fear of shame was deterrent to crime.
He fought the legality-sanctioned practice of
torture.
4. Cesare Bonesa, Marchese de
Beccaria (1738-1794)
-He wrote an essay entitled “An Essay on
Crimes and Punishment”, the most exiting
essay on law during this century. It
represented the humanistic goal of law.
5. Jeremy Bentham (1748-1832)
-The greatest leader in the reform of English
Criminal law. He believes that whatever
punishment designed to negate whatever
pleasure or pain the criminal derives from
crime, the crime rate would go down.
-Bentham was the one who devise the
ultimate Panoptican Prison, a prison that
consists of a large circular building
containing multi cells around the periphery.
It was never built.
6. John Howard (1726-1790)
from further criminal depredations of
criminals.
5. Reformation or Rehabilitation- It is
the establishment of the usefulness
and responsibility of the offender.
5
by:
-The sheriff of Bedsforshire in 1773 who
devoted his life and fortune to prison reform.
After his findings on English Prisons, he
recommended the following: Single cells for
sleeping – Segregation of Women –
KATHERINE ROSE C CORTEZ, RCRIM
Compiled
Segregation of Youth – Provision of
Sanitation facilities – Abolition of fee system
by which jailers obtain money from
prisoners.
-Father of Prison reform in the world, great
prison reformer.
-A philanthropist and the first English prison
reformer.
7. Elam Lynds
-Warden of the Auburn and later the
Singsing (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 punishment and
degrading procedures, many of which
remained as accepted practice until very
recent times.
8. Jean Jacques Villain
-Father of Penitentiary Science. He
pioneered classification to separate women
and children from hardened criminals.
9. James V. Bennett
-Director of Federal Bureau of Prisons wrote
about the closing of Alcatraz Prison, built
the Federal Correction Institution in
Seagoville Texas.
10. Elizabeth Fry
-An English reformer sometimes referred to
as the “Angel of Prisons” because of her
driving force behind new legislation to treat
prisoners humanely.
The Reformatory Movement
1. Alexander Maconochie
-He is the Superintendent of the penal
colony at Norfolk Island in Australia (1840)
who introduced the “Mark System”. A
system in which prisoner is required to earn
a number of marks based on proper
department, labor and study in order to
entitle him for a ticket of leave or conditional
release which is similar to parole.
2. Manuel Montesimos
-The Director of Prisons in Valencia Spain
(1835) who divided the number of prisoners
into companies and appointed certain
prisoners as petty officers in charger, which
allowed good behavior to prepare the
convict for gradual release.
3. Domets of France
-He established an agricultural colony for
delinquent boys in 1839 providing
housefathers as in charge of these boys.
4. Sir Evelyn Ruggles Brise
-The Director of the English Prison who
opened the Borstal Institution for young
offenders. The Borstal Institution is
considered as the best reform institution for
young offenders today.
Note: The New York House of Refuge is
was modified from the Maconochie’s mark
system.
4 Stages of Irish Prison
1. Solitary confinement for 9 months.
2. Assignment to the public works at
Spike Island.
3. Prisoner
without
custodial
supervision.
4. Release on supervision under
conditions equivalent to present day
parole.
6. Zebulon Brockway
-The Director of the Elmira Reformatory in
New York (1876) who introduced certain
innovational programs like the following:
Training school type – Compulsory
education of prisoners – Casework methods
– Extensive use of parole – Indeterminate
sentence.
THE TWO RIVAL PRISON SYSTEM IN
THE HISTORY OF CORRECTION
A. The Auburn Prison System- The
prison
system
called
the
“Congregate
System”.
The
prisoners are confined in their own
cells
during
the
night
and
congregate work in shops during the
day. Complete silence was enforced.
B. The Pennsylvania Prison SystemThe prison system called the
“Solitary System”. Prisoners are
confined in single cells day and night
where they lived, they slept, they ate
and receive religious instructions.
Complete silence was also enforced.
They are required to read the bible.
Note: Hard Wood Shop is the place where
prisoners do their labor.
VII.
PENALTY AND THE MODERN
PERIOD OF CORRECTION
Penalty is defined as the suffering
inflicted by the state against an offending
member for the transgression of law.
Juridical Conditions of Penalty
Punishment must be
 Productive of Suffering- Without
however affecting the integrity of the
human personality.
 Commensurate with the OffenseDifferent crimes must be punished
with different penalties (Art. 25,
RPC).
 Personal- The guilty must be the
one to be punished, no proxy.
 Legal- The consequence must be in
accordance with the law.
 Equal- Equal for all persons.
 Certain- No one must escape its
effects.
the first Juvenile Reformatory in USA.
5. Walter Crofton
-He is the Director of the Irish Prison in
1854 who introduced the Irish system that
6
by:

Correctional- Changes the attitude
of offenders and become lawabiding citizens.
Duration of Penalties
KATHERINE ROSE C CORTEZ, RCRIM
Compiled
1. Death Penalty- Capital Punishment
2. Reclusion Perpetua- 20 years and 1
day to 40 years.
3. Reclusion Temporal- 12 years and 1
day to 20 years.
4. Prision Mayor- 6 years and 1 day to
12 years.
5. Prision Correctional- 6 months and 1
day to 6 years.
6. Arresto Mayor- 1 month and 1 day to
6 months.
7. Arresto Menor- 1 day to 30 days.
8. Bond
to
Keep
the
PeaceDiscretionary on the part of the
court.
THE PHILIPPINE PRISON SYSTEM
The Philippine Prison system was
patterned after the Federal Bureau of
Prisons of the United States. It is a bureau
within the Department of Justice.
Bureau of Corrections
Bureau of Prisons was created
under Reorganization Act of 1905 (Act
No. 1407, dated November 1, 1905) as an
agency under the Department of Commerce
and Police, but was renamed Bureau of
Corrections under Executive Order No.
292
passed
during
the
Aquino
Administration. It states that the head if the
Bureau of Corrections is the Director of
Prisons who is appointed by the President
of the Philippines with the confirmation of
the Commission on Appointments.
The Bureau of Corrections has
general supervision and control of all
national prisons or penitentiaries. It is
charged with the safekeeping of all Insular
Prisoners confined therein or committed to
the custody of the Bureau.
RA 10575- Also known as “The Act
strengthening the Bureau of Corrections
and providing Funds therefore”, also known
as the “BUCOR LAW OF 2013”.
The Bureau of Corrections has
general supervision and control of all seven
(7) national/insular prisons or penitentiaries.
It is charged with the safekeeping of all
Insular Prisoners confined therein or
committed to the custody of the Bureau.
BP 28- Law that changed the name Penal
Colony to Penal Farm.
PRISON
-Derived from the Greco-Roman word
“Presidio”. “Pre” means “Before” and
“Sidio” means “Inside”. It is synonymous
to a fenced-cave or dungeon.
-A penitentiary, an institution for the
imprisonment (incarceration) of persons
convicted of major/serious crimes.
-A building, usually with cells, or other
places established for the purpose of taking
WHO IS A PRISONER/INMATE?
-A prisoner is a person who is under the
custody of lawful authority. A person, who,
by reason of his criminal sentence or by a
decision issued by a court, may be deprived
of his liberty or freedom.
-A prisoner is any person detained/confined
in jail or prison for the commission of a
criminal offense or convicted and serving in
a penal institution.
-A person committed to jail or prison by a
competent authority for any of the following
reasons: To serve a sentence after
conviction – Trial – Investigation.
INMATE
-Either a prisoner or detainee in jail.
PERSON DEPRIVED OF LIBERTY
-Refers to a detainee, inmate, prisoner, or
other person under confinement or custody
in any other manner. However, in order to
prevent labeling, branding or shaming by
the use of these or other derogatory words,
the term “Prisoner” has been replaced by
this new and neutral phrase.
GENERAL
CLASSIFICATION
OF
PRISONERS
1. Detention
PrisonersThose
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.
Safekeeping- The temporary custody of
a person for his own protection, safety,
or care; and/or his security from harm,
injury, or danger for the liability he has
committed.
JAIL
DIL
G
BJ
MP
RA
697
PRISO
N
Dep
art
DO
men
J
t
Age Bu
ncy Cor
Act
.
140
safe custody or confinement of criminals.
-A place of confinement for those charged
with or convicted of offenses against the
laws of the land.
7
by:
5
RA
926
3
Law
s
7
EO
292
RA
105
75
KATHERINE ROSE C CORTEZ, RCRIM
Compiled
Jan
uar
y 2,
199
1
Det
aine
es;
Con
victs
-3
year
s
impr
ison
men
t
City
,
Mu
nici
pal,
and
Dist
rict
Dat
e
Pow
ers
No
ve
mb
er
1,
190
5
Con
vict
edAbo
ve
3
yea
rs
impr
ison
men
t
Juri
sdic
tion
7
Ins
ular
Pri
son
s
Chi
ef,
BJ
MP
(Ra
nkDire
ctor
)
Hea
d
Dir.
Ge
ner
al
(Ra
nkUn
der
sec
.)
Wa
rde
n
Loc
al
Hea
d
Su
pt.
Jail
s
Jail
Offi
cer
s
Per
son
nel
Min
or
Off
ens
es
Cri
me
Cor
rect
ion
Offi
cer
s
Maj
or
Off
ens
es
CLASSIFICATION
OF
SENTENCED
PRISONERS
1. Insular or National Prisoners
-Those sentenced to suffer a term of
sentence of 3 years and 1 day to Life
Imprisonment.
-Those sentenced to suffer a term of
imprisonment cited above but appealed the
judgment and unable to file a bond for their
temporary liberty.
2. Provincial Prisoners
-Those persons sentenced to suffer a term
Nota Bene:
 Provincial Jail (1910) – Under the
Office of the Governor where the
imposable penalty is more than six
months but not more than three
years and the same was committed
with the municipality, the offender
must serve his or her sentence in
the provincial jail. Where the penalty
imposed exceeds three years, the
offender shall serve his or her
sentence in the penal institutions of
the Bureau of Correction.
3. City Prisoners
-Those sentenced to suffer a term of
imprisonment from 1 day to 3 years or a fine
of not more than 1, 000 pesos or both; or
-Those detained therein where cases are
filed with the MTC; or
-Those detained therein whose cases are
cognizable by the RTC and under
Preliminary investigation.
4. Municipal Prisoners
-Those confined in Municipal jails to serve
an imprisonment from 1 day to 6 months; or
-Those detained therein whose trials of their
cases are pending with the MTC.
CLASSIFICATION
OF
PRISONERS
ACCORDING TO DEGREE OF SECURITY
1. Super
Maximum
Security
Prisoners
-A special group of prisoners composed of
incorrigible,
intractable,
and
highly
dangerous persons who are the source of
constant disturbances even in maximumsecurity prison.
-They wear Orange color of uniform.
-Inapplicable to Philippine Setting.
2. Maximum Security Prisoners
-The group of prisoners whose escape
could be dangerous to the public or to the
security of the state.
-It consists of constant troublemakers but
not as dangerous as the super maximum
security prisoners. Their movements are
restricted and they are not allowed to work
outside the institution but rather assigned to
industrial
shops
within
the
prison
compound.
-They are confined at the MaximumSecurity Prison (NBP-Main Building), they
wear Orange color of uniform.
-Prisoners includes those sentenced to
serve sentence of 20 years or more, or
those whose sentence are under the review
of the Supreme Court, and offenders who
are criminally insane having severe
personality or emotional disorders that
make them dangerous to fellow offenders or
staff members.
3. Medium Security Prisoners
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
preliminary investigation of their cases
cognizable by the RTC.
8
by:
-Those who cannot be trusted in open
conditions and pose lesser danger than
maximum security prisoners in case they
escape.
KATHERINE ROSE C CORTEZ, RCRIM
Compiled
-It consist of group of prisoners who may be
allowed to work outside the fence or walls of
the penal institution under guards or with
escorts.
-They occupy the Medium Security Prison
(Camp Sampaguita) and they wear Blue
color of uniform. Generally, they are
employed as agricultural workers.
-It includes prisoners whose minimum
sentence is less than 20 years and lifesentenced prisoners who served at least 10
years inside a maximum security prison.
4. Minimum Security Prisoners
-A group of prisoners who can be
reasonably trusted to serve sentence under
“open conditions”.
-This group includes prisoners who can be
trusted to report to their work assignments
without the presence of guards.
-They occupy the Minimum Security Prison
(Camp Bukang Liwayway) and wear Brown
color of uniform.
CLASSIFICATION OF INMATES AS TO
PRIVILEGES
1. 3rd Class- Committed for three or
more time as sentenced prisoner.
2. 2nd class- Newly arrived inmate,
demoted from 1st class or promoted
from 3rd class.
3. 1st class- Known for character and
credit for work while in detention or
one promoted from 2nd class.
4. Colonist- After one year of being
promoted from 1st class who served
with good conduct the 1/5 of his
maximum sentence or served 7
years of his life sentence.
Privileges of a Colonist:
a. Automatic commutation to 30
years of life imprisonment.
b. Deduction of 5 days/month
(GCTA).
c. Wear civilian clothes.
d. Can live with his family.
e. Subsidy from the Government.
f. Transportation allowance.
g. Use of Prison facilities.
THE SEVEN OPERATING FACILITIES IN
THE PHILIPPINES
Prior to the establishment of Bilibid
Prison, prisoners were confined in jails
under the jurisdiction of Commandancias
where law enforcement units were
stationed.
Commandancias
were
established in practically every province of
the country.
1. BILIBID PRISONS
A. Old Bilibid Prison (Carcel y Presidio
Correctional)
– The main insular
penitentiary during the Spanish regime. This
was constructed in 1847 and was formally
inaugurated in 1865 by virtue of the Royal
wheel form with a tower in the center spoke
for easy command and control.
Composed of Two Compounds
1. Carcel- 600 inmate capacity
2. Presidio- 527 inmate capacity
Commonwealth Act No. 67 was
enacted, appropriating one million 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.
In 1936, the City of Manila
exchanged its Muntinlupa property with that
of the Bureau of Prison lot, the Muntinlupa
property was intended as a site for Boys’
Training School, but because it was too far,
the City preferred the site of the Old Bilibid
Prison, the present site of Manila City Jail
(BJMP).
B. New Bilibid Prison, Muntinlupa City
(Approximately 552 Hectares) – This is
where the Bureau of Corrections Central
Office. The New Bilibid Prison has a
capacity of 3, 000 Prisoners. Within the
complex are the three security camps
administered by a Penal Superintendent
and assisted by an Asst. Superintendent in
each Camp.
The New Bilibid Prison has a
capacity of 3, 000 Prisoners.
The Three (3) Security Camps
a. Maximum Security Compound (Main
Building) is for prisoners whose sentences
are 20 years and above, life termers or
those under capital punishment, those with
pending cases, those under disciplinary
punishment, those whose cases are on
appeal, those under detention, and those
that do not fall under medium and minimum
security status.
-Wears Tangerine color of uniform.
-Not allowed to do furlough
-This type of institution is characterized by
thick all enclosures, 18 to 25 feet high. On
top of the wall are catwalks along which the
guards patrol at night. At corners and
strategic places are tower posts manned by
heavily armed guards.
b. Medium Security Compound (Camp
Sampaguita) is for prisoners whose
sentences are below 20 years (computed
from
the
minimum
sentences
per
classification interpretation) and those
classified for colony assignment.
-This type of institution is usually enclosed
by two layers of wire fence. The inner fence
is 12 to14 feet high with curb and the outer
fence is 8 to 12 feet high. The two fences
are from 18 to 20 feet apart. Usually the top
portion of the fence is provided with barbed
wire.
Decree of the Spanish Crown. This is
located at Azcaraga St. (now Recto Ave.)
then famous as “May Halique Estate” at
nearby Central Market at Oroquieta St. This
was constructed in radical spokes-of-a9
by:
c. Minimum Security Compound (Camp
Bukang Liwayway) is an open camp with
less restrictions and regimentation. This is
for prisoners who are 65 years old and
above, medically certified as invalids and for
KATHERINE ROSE C CORTEZ, RCRIM
Compiled
Download
Study collections