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