Module 6
VICTIM’S REPARATION AND EMOTIONAL RECOVERY PROGRAMS
I.
Lesson Objectives
At the end of the lesson, the students should be able to:
● Discuss thoroughly the victims reparation and emotional recovery programs.
II.
Introduction
The criminal justice in the Philippines recognizes the significance of rehabilitation
and reintegration of convicted felons in the community. Evidently, Correction,
being one of the pillars of Philippine Criminal Justice System (PCJS) adopted
various rehabilitation programs 23 | P a g e
such as the following: (a) Moral and Spiritual Program; (b) Education and
Training Program; (c) Work and Livelihood Program; (d) Sports and Recreation
Program; (e) Health and Welfare Program; and (f) Behavior Modification
Program, to include Therapeutic Community (TC). REPARATION - refers to the
process and result of remedying the damage or harm caused by an unlawful act.
PURPOSE OF REPARATION
1. Generally understood to reestablish the situation that existed before the harm
occurred. 2. It can also serve as a measure to end ongoing breaches and to
deter future ones, as a vehicle for reconciliation or to restore relations between
the violator and injured parties, as well as a basis to repair or rehabilitate
physical and psychological integrity and dignity. In international law, a breach
of an international obligation gives rise to a duty to repair the harm caused.
The obligation to make reparation follows a determination that a particular act
caused, or sufficiently contributed to, the harm or damages and implies a level
of wrongfulness. However, certain international law agreements may also
impose an obligation to afford reparation for losses irrespective of fault. It has
been recognized that reparation must “fully” repair any injury, including any
material or moral damage caused by the wrongful act. It must, so far as
possible, wipe out all the consequences of the illegal act and reestablish the
situation that would, in all probability, have existed if that act had not been
committed.
THE RECOGNIZED FORMS OF REPARATION
1. RESTITUTION relates to the reestablishment of the situation that existed
before the wrongful act was committed.
2. COMPENSATION is for any pecuniary and nonpecuniary losses, including
loss of profits and employment.
3. REHABILITATION refers to long-term medical and psychological care
and surgeries as well as legal care,
4. SATISFACTION refers to measures such as formal acknowledgment of the
unlawful character of the breach, apologies, and prosecutions.
5. GUARANTEES OF NONREPETITION are forward-looking remedies
focusing on prevention that can refer to either measures of deterrence aimed at
protecting a victim from further harm or broader measures, such as legal and
institutional reform and vetting of public officials aimed at avoiding the wider
conditions that allowed for the breach. These forms, afforded singly or in
combination, feature in the United Nations Basic Principles and Guidelines on
the Right to a Remedy and Reparation, adopted by the UN General Assembly
in 2006. Article 34 in the International Law Commission’s Draft Articles on
the Responsibility of States for Internationally Wrongful Acts lists restitution,
compensation, and satisfaction as the forms of reparation. Noted: Cessation
and nonrepetition are dealt with separately, as independent obligations
stemming from the wrongful act.
III.
Lesson/ Unit/ Study Guide/ Notes
BEHAVIORAL MANAGEMENT
BEHAVIOR MODIFICATION is a therapeutic approach designed to change a particular
undesirable negative behavior. By using a system of positive or negative consequences,
an individual learns the correct set of responses for any given stimulus. The practice has
several offshoots that attempt to alter behavior through different actions and has
developed throughout the years. Behavior modification has been found to be successful
in treating disorders like attention deficit hyperactivity disorder (ADHD), obsessivecompulsive disorder (OCD), phobias, separation anxiety, generalized anxiety disorder
(GAD), disruptive behavior and autism, among other conditions. This isn’t quite the
Pavlovian dog salivation scheme you may be familiar with. That’s classical conditioning.
The way operant conditioning and thus behavior modification in this sense differs is in
the nature of the responses. Unlike Pavlovian conditioning, which generally deals with
elicited or reflexive responses, Skinner’s theory works with voluntary responses.
Behavior modification is commonly used in schools and at home, as well as in
rehabilitation settings. The belief behind behavior modification is that all behaviors can
be observed and measured, and used as targets for change. As a result of those
consequences (positive or negative), a person can learn, shape or eliminate certain
behaviors. Before we delve into the different approaches of behavior modification, let’s
look at some key terms to avoid confusion:
Antecedent. An antecedent comes prior to the (un)desired behavior. It is changeable and
can consequently be altered or removed in order to affect the behavior. Consequence.
Consequences usually indicate something bad, but in this context consequences can be
good or bad. These occur after the behavior occurs and can change as well. These are
also referred to as reinforcers (to strengthen behavior) or punishments (to weaken
behavior). Since both reinforcement and punishment can be good or bad, here are some
more details to uncomplicated the explanation:
 Positive reinforcement is given when a desired behavior occurs and strengthens that
behavior. For example, if Bobby eats all his carrots, he will then get dessert.
 Negative reinforcement occurs when an unpleasant stimuli is removed for the desired
behavior and strengthens behavior. For example, each morning Bobby’s mom comes in
and wakes him up for school by singing. Bobby doesn’t want to hear her sing in the
morning so he learns to wake up before she comes in the room.
 Response cost is like a punishment because a positive stimulus is removed. A response
cost is designed to weaken undesirable behavior. For example, Bobby doesn’t want to
share toys with his sister, so his mother takes one away as a result.
 Punishment occurs when a negative stimulus is added to weaken behavior. Using our
earlier example thread, if Bobby doesn’t want to share or play nicely with his sister,
punishment might include a timeout.
 Extinction happens when there is no reinforcement for behavior, thus weakening the
response.
These are only a few of the basic terms used in behavior modification. They might seem
a little confusing at first, but human nature doesn’t always respond to one set of stimuli.
The varying terms help clinicians and counselors to understand what types of actions
warrant certain responses and help them to figure out what exactly are our motivations
for acting the way we do.
PRINCIPLES AND APPROACHES
Because behavior isn’t merely cut and dry, behaviorists developed different approaches
and schedules for shaping behavior. Through imitation, schedules or routines, or by doing
nothing at all, they were able to learn how we learn and change our behaviors. We’ve
already gone over the types of positive and negative reinforcements and punishments, so
let’s look at some other methods, as listed by Educational Psychology Interactive:
Modeling. This approach entails teaching an individual to emulate a certain behavior. As
an example, modeling might occur in the employment industry when a new employee
gets trained by a more experienced colleague. Cueing. Like the name suggests, cueing is
reminding a person to perform a certain action at a given time. Discrimination.
Discrimination teaches a person to behave in a certain way for a particular set of stimuli,
but not for another. The reward, or reinforcement, occurs only after the appropriate
response has been given. Substitution. When a current reinforcer no longer prompts the
desired behavior, a substitution may occur in which a new reinforcer is presented.
Satiation. Consider this akin to letting a baby cry at night for a little while until he goes to
sleep. Satiation means letting a person tire of performing an undesired behavior. In the
case of addiction, this generally does not work as the undesired action would be the
administration of the drug or alcohol. Avoidance. Avoidance means teaching a person to
avoid an unpleasant situation. Fear reduction. Fear reduction techniques can be very
helpful managing phobias. It works in such that a person is incrementally exposed to a
stimulus that may induce fear at first. Eventually, the idea is that the individual will grow
comfortable or more relaxed in the presence of the once-feared stimulus.
In addition to these, behavior modification techniques can also work on schedules or
intervals, in such that certain responses are shaped to occur at different times or that
particular reinforcers or punishments may be administered at varying intervals in order to
alter behavior. It should be noted that not all behavior modification techniques will work
with every individual, nor will every individual’s behavior warrant singular approaches.
In some cases, a combination of techniques may prove beneficial.
EMOTIONAL AND PSYCHOLOGICAL
Upon his initial commitment to the Reception and Diagnostic Center (RDC), the inmate’s
medical history is recorded and properly documented by the Medical Specialist. Medical
information and mental status examinations are given to ascertain his overall physical /
mental fitness and whether he would be fit for work. This forms part of the diagnostic
process which will eventually determine the most appropriate rehabilitation program for
the inmate. The principal medical care of inmates is provided through a 500-bed capacity
hospital at the New Bilibid Prisons and at six (6) other mini-hospitals or clinics in the six
(6) other prison and penal farms. All correctional facilities have a full and competent staff
of medical practitioners in charge of clinics, infirmaries and hospitals. These centers are
capable of minor surgical operations, laboratory examinations, radiology, psychiatric,
rehabilitation and dental treatment. Other government and private hospitals are also
tapped in the implementation of standards pertaining to nutrition and protective health
services for the prison community. Medical services also include a wide range of
counseling techniques and therapy programs which address the psychological problems
of inmates, including suicidal thoughts and feelings of rejection which may lead to
disruption of peace and order within the prison compounds. When an inmate’s ailment is
beyond the competence of the in-house medical doctors, the inmate is referred to a
government hospital in accordance with prison rules and under proper security escorts.
PSYCHOLOGICAL AND EMOTIONAL TREATMENT 1. INDIVIDUAL AND
GROUP PSYCHOTHERAPY.
Psychological therapies provided in jails, prisons, or forensic hospitals may include
cognitive behavioral therapy (CBT, with or without criminal thinking curriculum) and
dialectical behavior therapy (DBT). CBT aims to build cognitive skills and replace
distorted cognitions (selfjustificatory thinking, displacement of blame, schemas of
dominance and entitlement) with noncriminal thought patterns. DBT was originally
designed to treat chronically parasuicidal women with borderline personality disorder,
but has been adapted to other populations, including offenders with severe mental illness.
DBT combines traditional combines the basic strategies of CBT with Eastern
mindfulness practices
2. PSYCHOPHARMACOLOGIC THERAPIES. If a correctional facility houses inmates
with SMI, antipsychotic, antidepressant, and mood-stabilizing medications must be
included in the medication formulary.Further, “all correctional formulary policies must
include a mechanism to access non-formulary medications on a case-by-case basis to
ensure access to appropriate treatment for serious mental illness.”However, special
conditions in correctional facilities such as high rates of substance use disorders require
that formularies limit or exclude medications that have a high potential for misuse or
abuse. In most correctional facilities, a psychiatrist and other mental health professionals
must be involved in the development of the institution’s formulary.
3. SPECIALIZED HOUSING. Includes self-contained mental health units for the care of
inmates with SMI who are unable to function in the general population. Specialized
housing options may vary from facility to facility (e.g., jail to prison or prison to prison),
but include inpatient care, short-term crisis beds, and long-term residential units.
4. INTEGRATED DUAL DISORDERS TREATMENT (IDDT). The same treatment
team treats both addiction and SMI simultaneously. The substance abuse treatment is
tailored to people with mental illness. Individuals are taught how mental health and
substance abuse disorders interact. This approach utilizes CBT.
5. TELEMEDICINE/TELEPSYCHIATRY. Telemedicine is becoming an increasingly
common mode of delivery for psychological/ and psychiatric services. Treatment is
delivered by way of videoconferencing.
INTELLECTUAL AND SPIRITUAL
Inmates enjoy freedom of religion. All inmates are free to observe the rituals of their
faith, with orderly conduct supervised by prison authorities. A religious guidance adviser
or chaplain is assigned in every prison and penal farm. The prison chaplain sets the stage
for every regular spiritual activity. He is an officer of the institution who oversees the
operation of the prison chapel. He is not only the spiritual leader but also a counselor and
adviser. Prisoners may be baptized or given other sacraments. Religious Volunteer
Officers, or RVOs belonging to different church groups provide weekly religious
activities ranging from bible studies, devotions, prayer meetings or praise and worship.
With a predominantly Roman Catholic prison population, a Catholic Mass is a regular
feature in spiritual activities of the prison communities. Restrictions, however, are
imposed if, in the course of religious activities, security is compromised or a program is
too expensive.
VOCATIONAL AND SURVIVAL SKILLS
EDUCATION AND SKILLS TRAINING
Rehabilitation can be facilitated by improving an inmate’s academic and job skills.
Records show that many prisoners are poorly educated. A majority are elementary school
drop outs or have not even finished primary school. Prison education amounts to
remedial schooling designed to prepare inmates to obtain basic skills in reading, writing
and mathematics. In most correctional facilities, vocational programs are incorporated
into job assignments and serve as onthe-job training. The goal is to provide inmates with
skills that will improve their eligibility for jobs upon release. Most prison vocational
training is geared toward traditional blue-collar employment in areas such as electronics,
auto mechanics and handicrafts. At the Reception and Diagnostic Center, a basic
computer literacy course with typing as a support course is available for inmates who
have finished at least high school level.
Vocational training and social education focus on job readiness. The concern in these
areas is life skills. If inmates are to reenter society and abstain from criminal activity,
they must be employable and have the basic tools necessary to function as responsible
citizens. The National Penitentiary has a college degree program and a tertiary degree
correspondence course, in addition to the regular secondary and compulsory basic
literacy classes. Prisoners are strongly encouraged by the BuCor authorities to enroll
while serving their sentence and to advance their academic skills.
SPORTS AND RECREATION
The inmates enjoy sunrise by participating in daily calisthenics. There are various indoor
and outdoor sports activities, programs, tournaments and leagues all year round, to
include basketball, volleyball, billiards, table tennis and chess. These sports competitions
promote camaraderie among inmates, good sportsmanship and team-building. The latest
addition is the newly constructed indoor sports center/gymnasium at the Maximum
Security Compound which boasts of competition-standard flooring, sound system, locker
rooms and bleachers. All prison and penal farms have adequate recreational facilities for
inmates, both for outdoor and indoor sports. Mini-bodybuilding gyms are available in
most prison facilities, including the Muntinlupa Juvenile Training Center and the
Therapeutic Community Center for inmates with drug cases. For music lovers and
musically-inclined inmates, numerous "videoke" centers are available. Musical
instruments are available for practice or for use in variety shows.
THERAPEUTIC COMMUNITY (TC) PROGRAM The Therapeutic Community (TC)
Program represents an effective, highly structured environment with defined boundaries,
both moral and ethical. The primary goal is to foster personal growth. This is
accomplished by re-shaping an individual’s behavior and attitudes through the inmates?
community working together to help themselves and each other, restoring self
confidence, and preparing them for their re-integration into their families and friends as
productive members of the community. Patterned after Daytop TC, New York which is
the base of the Therapeutic Community movement in the world, the BuCor TC program
was adopted as part of the Bureau's holistic approach towards inmate rehabilitation. It is
implemented primarily but not limited to drug dependents. The TC approach has been
continuously proven worldwide as an effective treatment and rehabilitation modality
among drug dependents, and have been noted to be effective in many prisons. By
immersing a drug offender in the TC environment, he learns why he had developed his
destructive habits, which led him to substance abuse. The program modifies negative
behavior and or attitudes while restoring self confidence, and prepares inmates for their
re-integration into their families and friends as productive members of the community.
This behavioral modification program gradually re-shapes or re-structures the inmate
within a family-like environment, wherein every member acts as his brother’s keeper. As
TC family members go on with their daily activities, a strong sense of responsibility and
concern for each other’s welfare are developed. They are constantly being monitored for
their progress and are regularly being evaluated by the TC-trained staff. The TC process
allows for genuine introspection, cultivation of self-worth and positive rationalization
that move the individual towards assuming a greater sense of personal and moral
responsibility. The efforts of the Bureau of Corrections to rehabilitate Drug dependents
under its care using the TC approach is in line with its commitment to create a Drug-Free
Prison. Worldwide developments in the treatment and rehabilitation of drug offenders
using this therapeutic community approach have been noted to be effective in many
prisons.
WORK AND LIVELIHOOD The Bureau offers a variety of inmate work programs, from
agricultural to industrial. The purpose of the inmate work program is to keep the inmates
busy, and to provide them money for their personal expenses and their families as well as
help them acquire livelihood skills, in order that they may become productive citizens
once they are released and assimilated back into the mainstream of society. Different
prison and penal farms provide institutional work programs for inmates. At the Davao
Penal Colony, inmates work on the banana plantations of Tagum Development Company
(TADECO) which has a joint venture agreement with the Bureau. Similarly, the vast
tracts of land at the Iwahig Penal Colony are developed and tilled by inmates to produce
various agricultural products, thereby generating income for the Bureau. The Sablayan
Prison and Penal farm also provides agriculture and aquaculture programs for inmates.
Along this end, the Bureau under the present Director has encouraged agricultural and
industrial production by providing farming implements, tractors, fertilizers and other
inputs in order to sustain this area of rehabilitation for inmates.
REHABILITATION PROGRAMS
COMMUNITY – BASED PROGRAMS:
Rehabilitating offenders is one of the major goals of corrections.
Probation, parole and pardon with parole conditions are implementing post sentencing measures
collectively called community based – correctional programs. The formulation of effectives modes of
rehabilitation activities are necessary for the successful reformation of qualified offenders and
reintegration to society as law – abiding and productive members of the community.
In the parole and probation administration, the rehabilitation of probationers, parolees
and conditional pardonees is pursued through a community-based program composed of
three components, namely, restorative justice, volunteerism and therapeutic community. the
principles and philosophy of restorative justice (RJ) serve as the conceptual framework of the
program. Therapeutic community (TC) is a treatment modality and the volunteer probation aids
(VPAs) are the lead community resource.
As a treatment modality, therapy community (TC) is program of treatment introduced for
drug offenders / law violators that sets rules and community norms that members commit to
abide and respond upon entry.
In Therapeutic Community, the primary ‘’therapist’’ and teacher is the community
itself, consisting of peers, staff / probation and role officers and even volunteer probation aids
(VPAs) serve as guides in the recovery Process as they are considered role models of
successful personal change
As a part of the rehabilitation process for offenders, restorative justice will be applied
to restore the broken relationships among those who have hurt another. it provides a healing
opportunity to overcome the pain both parties have encountered.
Behavior management refers to addressing overt behavior that needs
modification. lawlessness, violence, tardiness, disorderly conduct and other manifested
observable behavior that needs to be changed and modified should be subjected to the
application of this so-called following TC tools and others:
a.
‘’ talking to’’
b.
Haircut’’
c.
Encounter’’
d.
‘’ group meeting’’
The emotional or psychological category addresses the inner personality deficiencies
that have been shown in the result of psychological tests, guided observation, reports and other
Similar means. this can be handled through interviews, counseling, group processes and
other related approaches.
The spiritual or intellectual category include activities that improve the cognitive and
moral development of the client such as seminars, lectures, trainings, Community service, field
trips, educational tours and others.
The vocational or survival category includes activities related to income generating
ventures, life skills training, tree planting, environmental protection and other forms
of livelihood enhancement.
Restorative justice(RJ) as a philosophy and way of life aims at restoring a broken
relationship that resulted from a commission of an offense. Thus, it is sometimes referred to as
a balanced form of justice because it brings together the three major stakeholders involved in
the healing process: a) The offender b) the victim and c) community.
The RJ models that are commonly used our mediation, conciliation , Arbitration, conferring
and the circle of support. in the practice, however, one or two or a combination of all models is
applied.
The volunteer probation aide (VPA) System is a response to a probation of law, (Sec. 28,
An presidential decree 968, as amended) That mandates the development of citizens of good
repute and probity to assist the probation officers in the supervision of probationers. Under
executive order no. 468, signed by President Gloria Macapagal Arroyo On october 11, 2005.
The Maximum use of the community resources, through the volunteers, is an urgent necessity.
For purposes of rehabilitation and treatment, the PPA clients are classified into three
(3) supervision categories. These are:
1. Maximum supervision. Clients classified with minimum supervision are required to
report to the probation officer once a month.
2. Medium supervision. those who are required to report at least twice a month
3. Maximum supervision. For clients who are required to report more than twice per
month.
The classification of clients is based on such factors as to the manner of commission of
the offense, presence aggravating/ mitigating circumstances, nature of the offence,
circumstances surrounding the commission of the offense, penalty imposed, age, gender,
marital status and other related factors.
VOLUNTEER - One who offers to help or work without expecting any payment or reward.
VOLUNTEER PROBATION AIDE - Any person preferably 35 years of age, with good moral
character and good standing in the community who has been selected and trained to do
volunteer probation work. They assists probation officers in the supervising at least five clients
who reside within their barangay.
PAROLE AND PROBATION ADMINISTRATION OTHER SPECIAL PROGRAMS
1.
JAIL DECONGESTION PROGRAM
pursuant to a memorandum of agreement (MOA) Signed with other agencies like
the Public Attorney's Office, Board of Pardons and Parole, The Bureau of Jail
Management and Penology, and National Prosecution Service, the Parole and Probation
Administration conducts jail visits to assists detention prisoners in their availment of the
benefits Of probation and to make referral to PAO for assistance in other related
matters that would benefit the detainee or prisoners . Probation officers also conduct
information drives inside jails so as to educate the inmates of the privileges that they can
enjoy through probation or other non-institutional corrections.
INTEGRATED ALLIED SOCIAL SERVICES (IASS)
The IASS Program focuses on the children and other minor dependents of the clients
because the PPA believes that the client family is a major part or support in the
rehabilitation process. Under the said program, effective interventions relative to the
growth and development of the minor dependents are done to help them become
productive law-abiding and effective individuals.
The best interest of the child shall be prioritized.the state has the obligation to hear
the needs of the children and protect them from maltreatment or any form of neglect.
Children in conflict with the law (CICL) shall be treated with dignity, taking into
account the child's age and with the objective of the child's for integration.
We should always take note of the fact that CICL may be liable only for
acts prohibited by law at the time they were committed. Hence, they are entitled to
enjoy the chance of reformation through the help of the concerned agencies of the
government.
Adult Probation Law was intended for adult offenders. However, under Sec. 70 of
RA 9165, First Time Minor Drug Offenders, may now enjoy it's benefits. The Parole and
Probation Administration is likewise now responsible In handling the rehabilitation of
first-time minor drug offenders and those who are qualified under RA 9344.
Rehabilitation activities:
Some of the rehabilitation activities of the Parole and Probation Administration are the
following:
1. Individual and group casework - a time and chance will be given for an individualized
‘’talk’’ with the client, for updating purposes and addressing his/ her needs.
2. Moral and spiritual upliftment - conducting seminars and other related activities
geared towards realization of the essence of faith, ethical values and moral issues.
3. Referrals - Assisting clients to look for a stable and decent jobs to augment the needs of
his/her family.
4. Skills training - helps the clients to develop some skills to earn a living.
5. Medical and health services - referring the clients to hospitals, and other concerned
LGU’s for medication and financial aid.
6. Literacy programs - Tapping linkages for scholarships and minority literacy programs
for those who are illiterate.
7. Endeavor to pay civil liabilities - victims shall be given importance too. Clients
encouraged To pay at least, to the best of their abilities and capabilities, the
victims indemnification.
8. Clients Self - Help Organization - Client's are encouraged to form cooperatives and
associations as an economic group to venture on small-scale projects.
These associations also help them reacquire the basics of working within a group just
like an actual society.
9. Clean and green programs – cleaning the surrounding, area of jurisdictions and
planting trees are the activities conducted for clean and green programs.
10. Physical and mental development through sports - sports and other related activities
are conducted to strengthen camaraderie and unity.
IV.
Learning Activities
FORMS OF REPARATION
DEFINITION
V.
VI.
VII.
Assessment
1. What are the approaches in the Rehabilitation program
2. Is the program of TC effective?make a reflection to that program which you is effective.
Enrichment Activities (Application of the key concepts to real life situations)
1. In relation to the TC Program, how would you relate that to your internship training.
Assignment