From a strictly Mathematical View Point What Equals 100%? What does it mean to give MORE than 100%? Ever wonder about those people who say they are giving more than 100%? We have all been in situations where someone wants you to give over 100%. How about achieving 101%? What equals 100% in life? Here’s a little mathematical formula that might help you answer these • Question: • If: • ABCDEFGHIJKLMNOPQRSTUVWX YZ • Is represented as: • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Then: H-A-R-D-W-O-R-K 8+1+18+4+23+15+18+11=98% And K-N-O-W-L-E-D-G-E 11+14+15+23+12+5+4+7+5=96% But, A-T-T-I-T-U-D-E 1+20+20+9+20+21+4+5=100% And, look how far the love of God will take you L-O-V-E-O-F-G-O-D 12+15+22+5+15+6+7+15+4=101% Therefore, one can conclude with mathematical certainty that: While Hard work and Knowledge will get you close, and Attitude will get you there, it’s the Love of God that will put you over the top! Correction Correction is among the five Pillars of the PCJS and patterned from the system of United States and Great Britain. Originally, the third component was penology but due to modern and democratic trends in the field of Criminal Justice, it was changed to Correction. Thus, Correction evolved from Penology Penology Greek term – PIONE – Penalty Latin word - “POENA”- Pain or Suffering. Latin word– PENO – Punishment Penology is the study of punishment for crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders. NATURE Penology is otherwise known as Penal Science. It is actually a division of criminology concerned with the philosophy and practice of society to repress criminal activities. Traditional penologist stood for the policy of inflicting punishment on the offenders as a consequence of their wrongdoing. However modern penologists have reasonably extended their field such that Penology today covers other policies that are not punitive in character, such as: 1. Probation 2. Parole 3. Medical Treatment, and 4. Education These programs are designed to cure or rehabilitate the offender; in fact this is the accepted nature of the penology. What is Penal Management? • Refers to the manner or practice of managing or controlling places of confinement as in jails or prisons. What is Correction? A. A branch of the CJS concerned with the custody, supervision and rehabilitation of the convicted offenders. B. Is that field of criminal justice administration 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 offense for purposes of crime prevention and control. What is Correction as a Process ? • Correction as a process is the reorientation of the criminal offender to prevent him or her from repeating his delinquent actions without the necessity of taking punitive action but rather introduction of individual measures of reformation. What is Correctional Administration? The study and practice of a systematic management of Jails or Prison and other Institution concerned with the custody, treatment, and rehabilitation of criminal offenders. What is Correctional Psychology? • That aspect of forensic psychology which is concerned with the diagnosis and classification of offenders, the treatment of correctional populations, and the rehabilitation of inmates and other law violators Theories of Punishment • RETRIBUTION – An eye for an eye philosophy of justice -It generally requires harsh punishment • Just Deserts -philosophy of punishments, implying that offenders get what they deserve -Emphasizes the idea of penal censure of defendant. Sees the punishment as being proportional to the seriousness of the crime. • DETERRENCE – The theory of punishment which envisages that potential offenders will refrain from committing crimes out of fear of punishment Theories of Deterrence 1. Classical theory 2. Choice theory or rational choice theory 2 Types of Deterrence 1. General deterrence: The offender is punished to serve as an example to all others who may be contemplating a similar offense 2. Specific or Individual deterrence: To prevent the offender from re-offending Types Correctional Model 1. Custodian Model -based on the assumption that prisoners have been incarcerated for the protection society and for the purpose in incapacitation, deterrence and retribution. It emphasizes maintenance and security and order through the subordination of the prisoner to the authority of the warden. Discipline is strictly applied and most aspect of behavior is regulated. Types Correctional Model 2. Rehabilitation Model - security and house keeping activities viewed primarily as a framework for rehabilitative efforts. Professional treatment specialist enjoys a higher status than the employees, in accordance with the idea that all aspect of prison management should be directed towards rehabilitation with the rethinking of the goal of the rehabilitation. Types Correctional Model 3. Reintegration Model - is linked to the structures and goals of community corrections but has direct impact on prison operations. Although on offender is confined in prison, that experience is pointed toward reintegration into society. This kind of treatment gradually gives inmates greater freedom and responsibility during their confinement and move them into a halfway house, work release programs, or community correctional center before releasing them to supervision. Consistent with the perspective of community corrections, this model is based on the assumption that it is important for the offender to maintain or develop ties with free society the entire focuses this approach is on the resumption of a normal life (Clear and Cole, 1986). • What is Punishment ? • - is the infliction or imposition of a penalty as retribution for an offense. "The penalty inflicted". - it is the redress that the state takes against an offending • member of the society that usually involve pain or suffering. – it is also the penalty imposed on an offender for a crime or wrongdoing. Redress (Compensation) of a wrong act. • 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 has 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 tribal traditions. Ancient Forms of Punishment: 1. Death Penalty – affected by burning, beheading, hanging, and pillory and other forms of medieval executions. 2. Physical Torture – Barbaric forms of inflicting pain. ex. Mutilation, Whipping. 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. Method of Punishment • • • • • • • • Public Humiliation - Shame punishment Exile/banishment Payment to the victim Branding - (Stigmatizing) - is the process by which a mark is burned into the skin of a living person. Flogging - (flagellation) - is the act of methodically beating or whipping the human body. Mutilation - (maiming) - is the act of physical injury that degrades the appearance or function of any living body usually without causing death. burning beheading Early Forms of Prison Discipline: 1. Hard Labor – Productive works. 2. Deprivation – Deprivation of everything except the bare essential 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 prisoner alike”. “The fault of one is the fault of all”. 5. Mass Movement – Mass living in the cellblocks, mass eating, mass recreation, mass bathing. 6. Degradation – uttering insulting words or languages on the part of prisoners to degrade or break the confidence of prisoners. 7. Corporal Punishment – Imposing brutal punishment or employing physical force to intimidate a delinquent inmate. 8. Isolation or solitary confinement – Non- communication, limited news. “ The lone Wolf’. 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 get near or enter the 25kilometer perimeter. 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. Deterrence – Punishment gives lesson to the offender by showing to others what would 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 protect, if the offender has being held conditioning where he cannot harm others especially the public. Punishment is effective by placing offenders in prison so that society will be ensured from further criminal depredations of criminals. 5. Reformation or Rehabilitation – It is the establishment of the usefulness and responsibility of the offender. 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. 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: 1. Productive of Suffering –Affecting the integrity of the human personality. 2. Commensurate with the offense – Different crimes must be punished with different penalties (Art. 205, RPC). 3. Personal – The guilty one must be the one to be punished, no proxy. 4. Legal – The consequences must be in accordance with the law. 5. Equal – Equal for all person. 6. Certain – No one must escape its effects. 7. Correctional – Changes the attitudes of offenders and become lawabiding citizens. Duration of Penalties: 1. Death Penalty – Capital punishment 2. Reclusion Perpetua – An imprisonment of 20 yrs and 1 day to 40 yrs imprisonment. 3. Reclusion Temporal – an imprisonment of 12yrs and 1day to 20yrs imprisonment. 4. Prison Correctional – 6 months and 1days to 6yrs. 5. Arresto Mayor – 1month and 1day to 6 months. 6. Arresto Menor – 1 day to 30 days. 7. Bond to keep the peace – Discretionary on the part of the court. Major types of prison organization in U.S 1. Northern Industrial Prison- under this type of Prison, prisoner should work for the benefits of the state. 2. Southern Plantation- a prison that the labor of he convicted prisoner was concentrated on agricultural plantation. 3. Chain gangs- labor on public works through out the state were performed by the prisoners rather than confining their labor were chains to avoid escape. They called themselves chain gangs Three “Revolutions” in the History of Corrections • Age of reformation – replaced corporal punishment, exile, and physical disfigurement with the penitentiary. • Age of rehabilitation – assumed that criminals were handicapped persons suffering from mental or emotional deficiencies. Under this, individual therapy aimed at healing these personal maladjustments, became the preferred style. • Age of reintegration – society becomes the “patient” as well as the offender. Much more emphasis is placed on the pressure exerted on the offender by the social groups to which he belongs and on the society which regulates his opportunities to achieve his goals. History of Corrections • Twelve Tables of Wood- (451-450 BC)- represented the earliest codification of Roman Law. The influence by the Twelve Tables extended to the 6th century AD when they were largely incorporated into the Justinian Code. • Benefits of Clergy- provided an escape from severe punishment of members of clergy such as ordained clerk, moves and nuns by subjecting them to the jurisdiction of ecclesiastical courts. Ecclesiastical punishment were more lenient because the focus of the Church was on Penance and Salvation of the soul rather than in the administering of physical punishment for the purposes of deterrence or revenge. • Securing Sanctuary- in the 13th century, a criminal could avoid punishment by claiming refugee in a church, for a period of forty (40) days at the end of which time he was compelled to leave the realm by a road or part assigned to him. History of Corrections • Ordeal- was the church’s substitute for a trial until the 13th century, where in guilt or innocence was determined by the availability of the accused to come unscratched through dangerous and painful tests. • The Holy Inquisition- a general label for a succession of Roman Catholic tribunals changed with the detection and punishment of heresy. Inquisition proper did not begin until 1215 AD when the Lateran council decided that the used of torture was appropriate which was supplemented by an extensive system of informers and detailed records kept of every element in proceedings. • St. Bridget’s Well- England’s first Houses of Corrections, 1557 History of Corrections • Hulks- were abandoned or unusable transport ships, which were converted into prisons as a means of relieving prison congestion when transported system was abandoned in rivers or harbors and were also known as “floating wells”. • Panoptican Prison- a type of prison conceived by Bentham which would consist of large circular building of case irons and glass containing multitiered cells round the periphery. • Cat-O’ nine- tails- a lash of none knotted hongs of raw hide attached to a solid handle used in the administration of flogging which was the most popular methods of corporal punishment in the 18th century. History of Corrections • Bridewell- the term applied to houses of corrections which were used for locking –up, employing and beggars prostitutes and other misfits. These were built around the acceptance of the value of regular work and the formation of “habits of industry”. • 1576- English Parliamentary passed a law calling for each county to build its own Bridewell. • 1703- Pope Clement XI built Hospicio de San Michelle in Rome designed for incorrigible youths under 20 years of age, and which was the first home for delinquent boys ever established. The History of Corrections • Important Personalities: – William Penn ( America ). He included in his legislation for Pennsylvania that imprisonment shall be the prescribed punishment for criminals; that all prisons shall be workhouses for felons, vagrants, and idle persons, and that each county shall build one. The colony of the New Plymouth provided for the erection of House of Correction for the confinement of Quakers. The History of Corrections • Important Personalities: – George Fox (17th century, England ). He founded the so-called “Quakers”, known as the Society of Friends, a church known for pacifism, humanitarian and emphasis on inner quiet, which was persecuted for its rejection of organized churches. The History of Corrections • Important Personalities: - JOHN HOWARD – identified as the Great Prison Reformer and author of “The State of Prisons in England - John Howard. “Father of Prisons Reform”. Visited every Jail and prison in Jurisdiction. a. Documented conditions in the State of Prison in England – 1777 b. Lead to formation several prisons societies c. Also led to Penitentiary Act of 1779 – Intended to make prisons: – – – – Safe and sanitary Operate with out fees Impose regimen of reform Be Systematically inspected The History of Corrections • Important Personalities: - VICOMTE JEAN JACQUES PHILIPPE VILLAIN XIV – Father of Modern Penitentiary Science and founder of the House of Correction in Ghent, Belgium Persons Responsible for Introducing Reforms in the Correctional Field 1. Manuel Montesimos – He was the Director of Prisons at Valencia, Spain in 1838, who divided prisoners into companies and appointed prisoners as petty officers in charge; allowed the reduction of the inmates’ sentences by one third (1/3) for good behavior; offered trade training to prepare the convicts for return to society. 2. Domets(Demetz) of France – Established an agricultural colony for delinquent boys in 1839, providing house fathers as in charge of these boys. He concentrated on reeducation; upon their discharge, the boys were placed under the supervision of a patron. 3. Alexander Maconochie – As Superintendent of the Penal Colony at Norfolk Island in Australia in 1848, he introduced a progressive humane system to substitute for corporal punishment known as the “Mark System” wherein a prisoner was required to earn a number of marks based upon proper department, labor, and study in order to entitle him to a ticket of leave or conditional release which is similar to parole. Alexander Maconochie. He is considered as one of the father of modern penology. 4. Sir Walter Crofton – He was the Director of the Irish Prisons in 1854, who introduced the Irish system which was later called the progressive stage system. The Irish system was actually a modification of Maconochie’s system, and consisted of four stages: (1) Solitary confinement or prisoners for nine months, receiving reduced diet and monotonous work, gradually progressing to a better treatment toward the end of the first stage, (2) Assignment to public works in association with other convicts, (3) Sending to a place which was a sort of preparation for release where the prisoner worked without custodial supervision, exposing him to ordinary temptations of freedom, and finally (4) Release of the prisoner on supervision under conditions equivalent to parole. 5. Zebulon R. Brockway (1827-1920). He was the director of the Elmira Reformatory in New York, 1876. He introduced a certain innovational programs like the following, training school type, compulsory education of prisoners, caseworks method, extensive use of parole, indeterminate sentence. Regarded as the father of prison reform in the United States. • Believed that the primary reason to have a prisoner in custody was to rehabilitate and not simply to punish. Warden at the Elmira reformatory from 1876 to 1900. 6. Sir Evelyn Ruggles Brise – He was the director of English Prisons who opened the Borstal Institution after visiting Elmira Reformatory in 1897. Such Borstal Institutions today are considered as the best reform institutions for young offenders. This system was based entirely on the individualized treatment. Other Personalities • PETER RENTZEL – established a workhouse in Hamburg at his own expense(1669) because he had observed that thieves and prostitutes were made worse instead of better by pillory and he hoped that they might improve by work and religious instruction in a work house. • DOMETS of FRANCE – established an agricultural colony for delinquent boys • THOMAS ALVA EDISON – discovered the electric chair Other Personalities • Karl Menninger: He differentiate punishment is a pain inflicted over the years for the sake of inflicting pain while penalty is a predetermined drive leveled automatically for a crime committed. • Aristotle: First attempted to explain crimes in his book “Nicomedian Ethics”. He discussed corrective justice thus punishment is a means of restoring the balance between pleasure and pain. • 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. Elmira Reformatory Movement Elmira and the American Reformatory System – The Elmira Reformatory, New York, a person constructed like typical Auburn Prison, was opened in 1876, with Zebulon R. Brockway as the first superintendent. The reformatories housed youthful offenders between ages sixteen (16) and thirty (30) and were first offenders. Under this program: 1. A new prisoner was classified as second grade, 2. Promoted to first grade after six months of good behavior, 3. Another six months of good behavior in the first grade qualified him for parole. However, if the prisoner committed misconduct, he was demoted to third grade where he was required to show good behavior for one month before he could be reclassified to second grade. Elmira Reformatory • The is considered as the forerunner of modern penology because it had all the elements of a modern correctional system, among which were a training school type, that is, compulsory education, casework method, and extensive use of parole based on the indeterminate sentence. OTHERS: • Devil's island - French penal colony from 1852 to 1959 where political prisoners are exiled. • Robben island - A prison complex located at the coast of Cape town south Africa which serve as a refugee camp for people afflicted with leper before converted into a prison. OTHERS: • Magna Carta - England's historic document which states that no man could be imprisoned without trial. • Port Arthur - located in Tasmania, Australia, is a penal colony which is the destination for the hardest English prisoner during the middle of the 19th century. OTHERS: • Banishment - to force offenders to leave a country, home, or place by official decree. • Piracy act of 1717 - 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. OTHERS: • Auburn System - A penal method of the 19th century in which persons worked during the day and were kept in solitary confinement at night and silence enforced at all times. • Elmira correctional facility - The first reformatory prison. • Notable elements of Auburn system a. stripped uniform b. lockstep c. silence • Auburn correctional facility - the site of the first execution by electric chair in 1890. OTHERS: • Pennsylvania system - penal method based on the principle that solitary confinement fosters penitence and courage's reformation. Superseded by the Auburn system. • Separate system - is a form of prison management based on the principle of keeping prisoners in solitary confinement. National Correction Conscious Week • • • • Every last week of October. By virtue of Proclamation Number 551. March 15,1995 President FVR Department of Justice BUCOR National Prisons & Penal Farms Dept. of the Interior & Local Gov’t. PROVINCIAL GOVERNMENT Provincial and sub-provincial jails BJMP District, city and municipal jails Dept. of Social Welfare & Dev Centers for youth offenders The three executive departments of the government .(Implementation) 1.DOJ - manages the national prisoners 2. DILG - manages inmates who are undergoing investigation, awaiting or undergoing trial, awaiting final judgment and those who are convicted by imprisonment of up to three (3) years 3. DSWD - manages sentenced youth offenders. DOJ A. Bureau of Corrections (BUCOR) - with a principal task of the rehabilitation of prisoners so they can become useful members of society upon completion of their service of sentence. B. Board of Pardons and Parole (BPP) - recommends to the President the prisoners who are qualified for parole, pardon or other forms of executive clemency in the form of reprieve, commutation of sentence, conditional pardon and absolute pardon. C. Parole and Probations Administration (PPA) -conducts postsentence investigation of petitioners for probation as referred by the courts, as well as pre-parole/pre-executive clemency investigation to determine the suitability of the offender to be reintegrated in the community instead of serving their sentence inside an institution or prison; exercises general supervision over all parolees and probationers and promotes the correction and rehabilitation of offenders outside the prison institution. DILG A. Bureau of Jail Management and Penology (BJMP) has jurisdiction over all municipal, city and district jails nationwide. B. Provincial Local Government Unit operates all provincial jails. C. Philippine National Police (PNP) likewise maintains detention facilities in its different police stations nationwide. DSWD Operates Regional Rehabilitation Centers and assumes responsibility for the restorative part of the correction system by maintaining centers for the care and restoration of youth and women who are in conflict with the law. BUREAU OF JAIL MANAGEMENT & PENOLOGY Legal Mandate The Bureau of Jail Management and Penology came into existence pursuant to Section 60, RA 6975, which took effect on 02 January 1991. This is an upgraded version of its forerunner, the Office of Jail Management and Penology of the defunct PC/INP. As mandated by law, the BJMP shall operate under the reorganized Department of the Interior and Local Government as line Bureau. Oplan Greyhound - unannounced inspection and religious conduct of searches of inmates’ quarters to flush out contraband and other deadly weapons and to ensure the safety and security of inmates, visitors and personnel. APPREHENDED DRUG COURIERS Visitors Inmates TOTAL CONTRABAND CY CY CONFISCATED 2004 Shabu 2004 309.23g & 96 sachets Marijuana 47 2.1g & 43 sticks Cellfones 62 62 units 109 Oplan Decongestion the release of inmates/prisoners through the implementation of applicable laws. 1. A P P L I C A B L E L A W S Release on Recognizance (RA 6036) Probation/Parole (PD 968) Child Welfare Code (PD 603) Preventive Imprisonment (BP 85) GCTA (Art. 99, RPC) 2. O T H E R M O D E S of R EL E A S E Released on Bail Transfer to BUCOR & Other Penal Institutions ACTUAL IDEAL 1:60 1:7 1 jailguard for every 60 inmates per shift USA 1 jailguard for every 7 inmates per shift 2:1 2 jailguards guarding 1 inmate in well-secured facility ACTUAL IDEAL 4:1 1:1+1 1 inmate is guarded 4 inmates under the control of 1 jailguard by 1 jailguard and 1 overall supervisor Escort Personnel Requirement = 5,477 (10% of Jail Population) Singapore And Japan 2 + 1:1 2 jailguards plus 1 supervisor escorting 1 inmate Escort Procedure • For court appearance: 2:1 Two(2) guards by one inmate(1) Distance of guards from inmates: A guard shall keep a distance of not less than ten (10) paces from his charge. Living Space: • The average living space for each inmate is 1.82 square meters, In dormitories inmates are grouped according to their gang affiliation or region. Unmarked inmates, foreigners, youth offenders are remand prisoners are housed separately. Institutional Programs 1. Inmate work program 2. Health care 3. education and skills training 4. Recreation and Sports 5. Religious guidance and behavior modification using the therapeutic community approach. Correction • Prison reform - is the attempt to improve conditions inside prisons and aiming a a more effective penal system. • Rehabilitation - it came from latin word "habilis" literally fit or suitable. Its meaning was expanded to mean "restore to sound operation" or "to establish the good reputation". Correction • Halfway house - also called recovery house or sober house - is a place to allow people to begin the process of reintegration with society while still providing monitoring and support; this is generally believed to reduce the risk of recidivism or relapse when compared to a release directly into society. • Solitary confinement - is a special form of imprisonment in which a prisoner is isolated from any human contact, though often with the exception of members of prison staff. Total Institution • “The prison, is a place of residence and work where a large number of like-situated individuals, cut off from wider society for an appreciable period of time, together lead an enclosed, formally administered round of life”. A total institution is one that completely encapsulates the lives of the people who work and live there. A prison must be such an institution in the sense that whatever prisoners do or not do begins and ends there; every minute behind bars must be lived in accordance with the rules as enforced by the staff. Distinction of Jail and Prison JAIL 1. A place of detention; a place where a person convicted or suspected of a crime is detained. 2. BJMP 3. DILG 4. Holds people awaiting trial and people sentenced for a short duration. PRISON 1. A place of long term confinement for those convicted of serious crimes. 2. Bureau of Corrections 3. DOJ 4. Holds people convicted of crimes; sentenced for a longer term. THE COST OF JAILS AND PRISONS TO GOVERNMENT Sept 11,2011 • Under the General Appropriations Act (GAA), the subsistence allowance or the budget for food for each detainee/prisoner is pegged to P50 per day or P18,250 per year. The medicine allowance per detainee/prisoner is P3.00 per day or P1,095 per year. The two allowances together amount to P19,345 per detainee/prisoner, whether in the BJMP, or in BuCor. Transportation & Food Allowance • Release: A. NCR: Fifty pesos(P50.00)-Transportation Two Hundred(P200.00)-Food B. Provinces: Free Ticket-Transportation Two Hundred(P200.00)-Food What is Competent authority? • shall refer to the Supreme Court, Court of Appeals, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court, Sandiganbayan, Military Courts, House of Representatives, Senate, commission on Electrons, Bureau of Immigration and the Board of Pardons and Parole; What is Carpeta? • refers to the institutional record of an inmate which consists of his mittimus/commitment order, the prosecutor’s information and the decision of the trial court, including that the appellate court, if any. What is Prison record? • refers to information concerning an inmate’s personal circumstances, the offense he committed, the sentence imposed, the criminal case numbers in the trial and appellate courts, the date he commenced service of his sentence, the date he was received for confinement, the place of confinement, the date of expiration of his sentence, the number of previous convictions, if any, and his behaviour or conduct while in prison. What is Reception and Diagnostic Center? • Reception and Diagnostic Center in every prison which shall receive; study and classify inmates and detainees committed to the Bureau. Quarantine Upon admission in the Reception and Diagnostic Center, an inmate shall be placed in quarantine for at least five (5) days during which he shall be – 1. given a physical examination to determine any physical illness or handicap or mental ailment and to segregate those suspected of having an infectious or contagious disease. If found sick, the inmate shall be immediately confined in the prison hospital; 2. oriented with prison rules; and 3. interviewed by a counsellor, social worker or other program staff officers. The interview shall be conducted in private. Assignment of inmate After the quarantine period, the inmate shall remain in the Reception and Diagnostic Center for a period not exceeding fifty-five (55) days where he shall undergo psychiatric, psychological, sociological, vocational, educational and religious and other examinations. The results of said examinations shall be the basis for the inmate’s individualized treatment program. Thereafter, he shall be assigned to a prison facility as may be recommended by a Chief of the Reception and Diagnostic Center. Admission Process • After registration the inmate shall be photograph front and side view, fingerprint and assigned a permanent prison number, the male inmate shall then be given a regulation haircut and his beard mustache if any, shall be shaven off. Admission of Inmates An inmate shall be admitted in the Reception and Diagnostic Center of a prison upon presentation of the following documents; a. Mittimus/Commitment Order of the court; b. Information and Court decision in the case; c. Certification of detention, if any; and d. Certification that the case of the inmate is not on appeal. Note: A female inmate shall be received only at the CIW. Form on mittimus/commitment order The mittimus/commitment order shall be under the signature of the judge and shall bear the seal of the court attested by the clerk of court thereof. Color of Uniform as to security classification The color of the uniform of an inmate shall be based on his security classification, as follows: • Maximum security – tangerine • Medium security – blue • Minimum security – brown • Detainee – gray, Classification of inmates as to entitlement to privileges Inmates shall be classified as follows to determine their entitlement to prison privileges; 1. Detainee; 2. Third Class inmate – one who has either been previously committed for three (3) or more times as a sentenced inmate, except/those imprisoned for non-payment of a fine and those who had been reduced from a higher class; 3. Second Class inmate – a newly arrived inmate; an inmate demoted from first class; or one promoted from the third class; 4. First Class inmate – one whose known character and credit for work while in detention earned assignment to this class upon commencement of sentence; or one who has been promoted from the second class; 5. Colonist. Colonist The Director may, upon the recommendation of the Classification Board, classify an inmate who has the following qualifications as a colonist: a. Be at least a first class inmate and has served one (1) year immediately preceding the completion of the period specified in the following qualifications; b. Has served imprisonment with good conduct for a period equivalent to one fifth (1/5) of the maximum term of his prison sentence, or seven (7) years in the case of a life sentence. Privileges of a colonist, A colonist shall have the following privileges: 1. Credit of an additional GCTA of five (5) days for each calendar month while he retains said classification aside from the regular GCTA authorized under Article 97 of the Revised Penal Code; b. Automatic reduction of the life sentence imposed on the colonist to a sentence of thirty (30) years; c. Subject to the approval of the Director, to have his wife and children, or the woman he desires to marry, life with him in the prison and penal farm. Transportation expenses of the family going to and the discharge of the colonist from the prison and penal farm shall be for the account of the government. The family may avail of all prison facilities such as hospital, church and school free of charge. All the members of the family of a colonist shall be subject to the rules governing the prison and penal farm; d. As a special reward to a deserving colonist, the issuance of a reasonable amount of clothing and ordinarily household supplies form the government commissary in addition to free subsistence; and e. To wear civilian clothes on such special occasions as may be designated by the Superintendent. An inmates who are spouses • Husband and wife inmates may be allowed to serve their sentence together in a prison and penal farm as soon as both are classified as colonist. Revocation of colonist status The grant of colonist status may, for cause, be revoked at any time by the Superintendent with the approval of the Director. Confinement and Accommodations of Inmate Place of confinement. – An inmates shall only be confined in a place declared by the President of the Philippines by Executive Order to be a place of confinement of national inmates or by specific direction of the court, provided that a male inmate shall be committed directly to and shall be confined in a prison nearest his actual place of residence. A prison may also be used as a place of detention for other classes of inmates or for the temporary safekeeping of any person detained upon legal process. Security compounds • A prison shall, whenever possible, have separate prison compounds for the segregation of inmates according to their security classification. Each compound shall be under s Superintendent who is assisted by an Assistant Superintendent To view the deceased relative • Duration of the privilege. – The inmate may be allowed more or less three (3) hours to view the deceased relative in the place where the remains lay in the state but shall not be allowed to pass any other place in transit, or to join the funeral cortege. To view the deceased relative Distance of travel. – the privilege may be enjoyed only if the deceased relative is in a place within a radius of thirty (30) kilometers by road from the prison. Where the distance is more than thirty (30) kilometers, the privilege may be extended if the inmate can leave and return to his place of confinement during the daylight hours of the same day. Prison Labor Prison labor of finally convicted inmate. – A finally convicted able-bodied inmate may be required to work at least eight (8) hours a day, except on Sundays and legal holidays, in and about the prison, public buildings, grounds, roads, and other public works of the national government. Prison Labor Prison labor of detainee – A detainee may not be required to work in prison. However, he may be made to police his cell and perform such other labor as may be deemed necessary for hygienic or sanitary reasons. Female inmate A female inmates shall only be assigned to work on jobs suitable to her age and physical condition. She shall be supervised only by women officers. Old inmate Old inmate. – an inmate over sixty (60) years of age may be excused from mandatory labor. Place of work assignment Place of work assignment – Only medium and minimum security inmates may assigned to work in agricultural field projects within a prison reservation. Maximum security inmates shall not be allowed to work outside the maximum security compound. Work programs Work programs shall be conducted in prison to promote good work habits and self-esteem among inmates and not as a means to exploit cheap prison labor or as a punishment for deviant behavior. Compensation Credits Inmate compensation. – Six (6) months after being permanently assigned to work in prison, an inmate may receive compensation credits at rates to be prescribed by the Director, provided: a. He maintains good conduct; and b. He shows interest and a definite degree of progress in the particular work assigned to him. Compensation Credits • Compensation credits. – Compensation credits shall be allowed in the payment of those classified on workmanship classification of skilled and semi-skilled grades. The credits accruing to each shall be made monthly in accordance with the approved recommendation of the committee named for this purpose. A copy of the committee’s recommendation, duly approved by the Director or the Superintendent, shall be furnished the Commission on Audit for his information in connection with his duty of supervising the proper accountability of the fund created, the credits to which shall be part of the inmate’s Trust Fund. Compensation Credits Compensation earned, how applied. – the whole or part of the compensation credits earned by an inmate may be forfeited and applied to the payment of supplies and equipment lost or damaged resulting from the inmate’s misconduct or willful negligence. One-half (1/2) of said earnings may be utilized by the inmate to purchase some of his needs. The remainder shall be withheld, to be paid to him upon release only. In exceptional cases, however, upon satisfactory showing of a necessity for withdrawal, the Director or the Superintendent may authorize the disbursement of any part of the amount retained. Time allowance for Good Conduct and Loyalty Who may grant Good Conduct Time Allowance (GCTA). – The Director may grant GCTA to an inmate who displays good behaviour and who has no record of breach of discipline or violation of prison rules and regulations. Time allowance for Good Conduct and Loyalty Effects of GCTA – The good conduct or behaviour of an inmate shall entitle him to the following dedications from the period of his sentence: a. During the first two (2) years of his imprisonment, he shall be allowed a deduction of five (5) days for each month of good behaviour; b. During the third to the fifth years, inclusive, of his imprisonment, he shall be allowed a deduction of eight (8) days for each month of good behaviour; c. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten. (10) days for each month of good behaviour; and d. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen (15) days for each month of good behaviour. Time allowance for Good Conduct and Loyalty • Special time allowance for loyalty. – A deduction of one-fifth (1/5) of the period of his sentence shall be granted to an inmate who, after evading the service of his sentence on the occasion of a disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, gives himself up voluntarily to the authorities within forty-eight (48) hours following the issuance of a proclamation on announcing the passing away of such calamity. Inmate head count – A head count of inmates shall be conducted four (4) times a day or as often as necessary to ensure that all inmates are duly accounted for. Control of prison keys. Only the following shall be authorized to posses the keys of prison gates, cells, dormitories and hospitals wants: a. Gate officer; b. Officer-of-the-Day or Shift Commander; c. Keeper; and d. Custodial or Medical Officer designated by the Superintendent Based on his assessment of the prevailing conditions, the guard in command shall deploy the guards into the following groups. 1st Group – this is the initial wave of anti-riot assault contingent who shall be armed with wicker shields, protective headgear, gas masks and night sticks or batons, when these are available. The objectives of this group are to disperse the rioters and get their leaders. 2nd Group – This is the back-up force of the 1st Group who shall be equipped with tear gas guns and gas grenades. 3rd Group – This is composed of guards whoa re trained in the proper handling and use of firearms. Under the direct command of the guard-in-charge, they shall provide covering fire to the first two groups. Infant born to a CIW inmate. – an infant born while the mother is serving sentence in the CIW may be allowed to stay with the mother for a period not exceeding one (1) year. After the lapse of said period, if the mother of the infant fails to place the child in a home of her own, the Superintendent shall make arrangements with the Department of Social Welfare and Development or any other social welfare agency for the infant’s care. As far as practicable, the CIW shall have a nursery staffed by qualified personnel. Classification of Sentenced Prisoners 1. Insular Prisoner – is a person who is sentenced to serve a prison term of (over) three (3) years or to pay a fine or more than one thousand pesos (1,000.00) or both fine and imprisonment. 2. Provincial Prisoners- one who is sentenced to a prison term of six months and one day to three years. 3. City Prisoner – is a person who is sentenced to serve imprisonment for not more than three (3) years or to pay a fine of not more than one thousand pesos (P1, 000.00), or both fine and imprisonment. 4. Municipal Prisoner – is a person who is sentenced to serve imprisonment for not more than six (6) months. Classification Board Chairman: Superintendent Vice chairman: Chief RDC Members: Medical Officer Chief Education Section Chief Agro Industrial Section Chief Secretary: Chief Overseer Classification of Prisoners according to Degree of Custody or Security 1. Super Maximum Security Prisoners- – this is a special group of prisoners composed of incorrigibles, intractable, and dangerous persons who are so difficult to manage that they are the source of constant disturbance even in a maximumsecurity institution 2. Maximum Security Prisoners- – thus consists of Chronic troublemakers but not as dangerous as the super security prisoners Classification of Prisoners according to Degree of Custody or Security 3. Medium Security Prisoners- these are the prisoners who may be allowed to work outside the fence of the institution under guard escorts. Generally, they are employed as agricultural. 4. Minimum Security prisoners- this group belongs the prisoners who can already be trusted to report to their places of work assignments without the presence of guards. They are free to move around subject only to curfew houses during the night time. Level of Security Facility 1. Super Maximum Security Facility-The Alcatraz is the best example of a super maximum security facility, however,the operation cost of such facility is very expensive,hence Alcatraz was abandoned nowadays, SMSF are situated inside the maximum security facility which is more economical. 2. Maximum Security Facility- Usually enclosed by a thick wall about 18-25ft high, on top are catwalk in every corner a tower post manned by heavily armed guards. Level of Security Facility 3. Medium Security Facility- Usually enclosed by a two layer wire fences, the inner fence is 1214 feet high with top guard, the outer fence is 8-12feet high distance between the two fences is from 18-20ft. 4. Minimum Security Facility- the fencing if there is such, is intended not for the prisoners but from civilians to deter them from entering the premise. PHILIPPINE PRISON SYSTEM A. National Prison/Insular Prison 1. Bureau of Prisons/Corrections-Muntinlupa City Rizal a. NBP- Maximum Security Prison b. Camp Sampaguita- Medium Security Prison c. Camp Bukang Liwayway- Minimum Security Prison LT GEORGE M WOLFE Director 1904 – 1910 First Bureau of Prison Director BUCOR VS BJMP BUCOR-Bureau of Prison BJMP Reorganization Act of 1905 created under Dept. of commerce. Nov. 1,1905 Administrative Code of 1987 and Proclamation No. 495 issued on November 22, 1989. Change the agencies' name to Bureau of Corrections from Bureau of Prisons. Created by pursuant to Sec. 20, RA No. 6975 January 2, 1991 Under DOJ LEILA M. DE LIMA Secretary of Justice Under DILG Mar Roxas For securing sentence of having a sentence of 3 years 1 day to life imprisonment For detention of having a short sentence of 3 years and below. Secretary of DILG Head – Director of Bureau of Corrections; appointed by the President with the confirmation of the Commission on Appointments Franklin Jesus B. Bucayu- Acting Director Coverage: * New Bilibid Prisons (Main Bldg.) Maximum * Camp Sampaguita - Medium * Camp Bukang Liwayway - Minimum * Reception and Diagnostic Center (RDC) * Correctional Institution for Women (Mandaluyong) * The Penal Colonies Head – Chief of the BJMP; appointed by the Secretary of DILG with the confirmation of the Commission on Appointments. CSupt DIONY D MAMARIL, CESO Officer-in-Charge Coverage: * cities, municipal and district jails . Throughout the country BJMP Central Office-103 Vargas Building Kalayaan Avenue, Quezon City. Jail National Training Institute – Bicutan Taguig Assistant Regional Director – Head of BJMP Regional office. Provincial Jail Administrator – Head of BJMP provincial offices. District/City/Municipal Jail Warden – Head of district/City/Municipal Jail Old Bilibid Prison - Old Prison is located at Oroqieta, Manila, and Constructed in 1847 by virtue of Royal Decree of the Spanish Crown. - Pursuant to Sec.1708 of the Revised Administrative Code. - Constructed in a radical Spokes of a wheel form and made strong adobe stones: Formally opened by a Royal Decree in 1865. - Used today as Manila City Jail. - Famous name of its name as “ May Haligue Estate”. The New Bilibid Prison - Commonwealth Act No. 67 - 1935 - November 15, 1940 -transfer - January 22, 1941 –name new bilibid prison - 587 hectares - shop became a trademark for fine workmanship of furniture made by prisoners. - three security Compounds : a. Maximum b. Medium- also known as Camp Sampaguita c. Minimum-also known as Camp Bukang Liwayway Penal Farm 1. San Ramon Prison and Penal Farm - Established on August 21, 1869 in San Ramon, Zamboanga del Sur. For the confinement of political offenders. - Was named after its founder Ramon Blanco, a Spanish captain in the Royal Army. - It has an area capacity of 1,542.61 hectares. - It houses maximum, medium and minimum custody types of prisoners. - Has an average population of 1,200 prisoners. - The principal product is ´copra, which is one of the biggest sources of income of the Bureau of Prison. It also produce rice, corn, coffee, cattle and livestock. • The San Ramon Prison and Penal Farm - This penal farm was designed for agro-industrial activities - This prison and penal farm formerly administered separately from that of the Old Bilibid, was closed in 1898 during the Spanish-American War. - San Ramon Prison and Penal Farm which was closed as a result of the war was re-opened by virtue of the approval of the Reorganization Act No. 1407 of November 1, 1905 which created the Bureau of Prisons. - The Bilibid Prison and the San Ramon prison and Penal Farm became the nucleus of the present Philippine Prison System. - General John J. Pershing was the Governor of Mindanao and Sulu, in 1912, he renovated the penal farm. - San Ramon not only serves as confinement center for prisoners from Mindanao, but also a receiving station for the Bureau of Mindanao. Penal Farm 2. The Iwahig Penal Colony - Establish in Sta. Lucia, Palawan on November 16, 1904. -Foreman R.J. Shields, with sixteen prisoners left the Bilibid Prison by order of Governor Forbes, who was the Secretary of Commerce and Police, to establish the Colony in Palawan. -Today, they enjoy the reputation of being one of the best open institutions in the world. - Only mutual trust and confidence between the wards and the prison authorities keep them together, without walls of stones and guns. - It has an area of 36,000 hectares and an average population of 4,000 prisoners. • The Iwahig Penal Colony - Americans(1904) - Iuhit penal settlement - Reorganization Act No. 1407 - November 1, 1905 - minimum custody - 41,007 hectares by virtue of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912. The colony is divided into four sub-colonies, namely; Central Sub-colony, Sta. Lucia Sub-colony, Inagawan Sub-colony and Montible Sub-colony. Each sub-colony operates as a small institution under the charge of a Penal Supervisor. The colony administers the Tagumpay Settlement. The settlement is a 1,000 hectares portion of the colony which was sub-divided into 6 hectares homestead lots are distributed to released inmates who desire to live in the settlement. One of the important feature of the Iwahig Penal Colony is the privilege granted to colonist (inmates) to their families transported to the colony at government expense and live with them in the colonist village. The principal products of the colony are rice, corn, copra, logs, forest products and cattle. Penal Colony 3. The Correctional Institution for Women - Act. 3579 previously passed on Nov. 27, 1929 - In February 14, 1931, the Correctional Institution for women was established on an 18-hectare piece of land in Mandaluyong to segregate the women form men prisoners. - 1934, date of creation for the position for a female superintendent - Correctional Institution for Women enjoys the privilege of being a separate institution under the Bureau of Prisons with separate budgetary outlay and necessary personnel. - Conduct vocational courses in dressmaking, beauty culture, handicrafts, cloth weaving and slipper making. - Ramon Victoria, first Director of CIW - Elizabeth Fry-first woman to advocate the rights of the women inmates. - Smallest penal colony Penal Colony 4. Davao Penal Colony - Banana is the major product - established on January 21, 1932 in accordance with Act. No. 3732 and Proclamation No. 414, series of 1931. - General Paulino Santos, its founder then Director of Prisons. - The original purpose of this colony was to ease congestion in the Bilibid Prison and to stop the Japanese expansion in Davao. - The area consists of 18,000 hectares mostly devoted to abaca industry. - In 1942 this colony was used as concentration for American War prisoners and the Japanese devastated the colony, destroying its buildings, arms, machineries and industries. - In August 1946, it was reestablished to its former productive activity by slow reconstruction. - It is now the main source of income of the Bureau from its vast abaca, rice and other industries. - The colony has the potential of producing rice which will meet the whole bureau in rice. • The colony is divided into three sub- colonies namely ,the Panabo sub- colony, the Kapalong sub- colony, and the Nafco sub colony. Each sub colony is headed by the Penal Supervisor . The institution also raises rice, corn, kernel, copra and cattle. • The colony has the potential of producing rice which will meet the whole bureau in rice. • The Davao Penal Colony also operates the Tagumpay Settlement where released prisoners of the colony are relocated as homesteaders Penal Colony 5.Sablayan Penal Colony - President issued a Proclamation No. 72,declaring that some hectares of the virgin Island in Sablayan, Occidental Mindoro is for the Sablayan Penal Colony. - September 27, 1954 - Director Alfredo M Bunye persuaded the Secretary of Justice to make the President agree to the establishment of a new colony.(Sablayan) - enjoys the reputation of being the youngest and fastest growing colony under this Bureau - Rice is the principal product of this colony - 16,403.5 hectares - This institution is an open or minimum security type of institution. - It also raises vegetables, not only for the use of the colony, but also for the inmates of the New Bilibid Prison Sub-colonies Central sub-colony 3. Pasugui sub-colony 1. Pusog sub-colony 4. Yapang sub-colony Penal Farm 6. Leyte Prison and Penal Farm - Established on January 16, 1973 during the martial law period with the aim of regionalizing prisons throughout the country. - Proclamation No. 1101 issued on January 16, 1973. - It was located in Abuyog, Leyte. - This institution is very similar to the other prison and penal farm. Note: • The oldest Prison in the Philippines is the Fort Santiago in Manila. • The NBP Reservation houses the BuCor headquarters The Reception and Diagnostic Center (RDC) This is the office where newly arrived prisoners is processed and evaluated. Before a prisoners is admitted to the operating institution, he must stay at the RDC for 60 days where he will undergo staff interviews, examination, documentation and initial classification, this is known as diagnostic examination. FOUR SEPARATE BUT COORDINATED PROCEDURES OF CLASSIFICATION DIAGNOSIS 1. DIAGNOSIS – the prisoners’ case history is taken and his personality studied. Through examination and observations, the RDC’s staff determines the nature and extent of the person’s criminality and the extent to which he may be rehabilitated. 2. TREATMENT PLANNING – this is the formulation of a tentative treatment program best suited to the needs and interest of an individual prisoner, based on the findings of the RDC’s staff. 3. EXECUTION OF TREATMENT PROGRAM - this is in the application of the treatment program and policies by the classification committee. 4. RE-CLASSIFICATION – the treatment program is kept current with the inmates changing needs and with new analysis, based on any information not available at the time of the initial classification committee meeting of the inmate’s case, which continues from the time of the first classification until the inmates is released. ADMISSION PROCEDURE IN PRISON 1. RECEIVING – The new prisoner is received either in the center (RDC) or in prison, but later on transferred to the center. 2. CHECKING COMMITMENT PAPERS – The receiving checks the commitment papers if they are in order, that is, if it contains the signature of the judge of the signature of the clerk of court and seal of the court. 3. ESTABLISHING IDENTITY OF THE PRISONER – The prisoner’s identity is established through the picture and the fingerprint of the prisoner appearing on the commitment order. 4. SEARCHING THE PRISONER – This step involves the frisking of the prisoner and searching of his personal things. 5. ASSIGNMENT OF QUARTERS – The new prisoner is then sent to the quarantines until where he spends five days.(5days) The Institutionalized Treatment Programs 1. Prison Education – the cornerstone of rehabilitation. It is the process or result of formal training in school or classrooms intended to shape the mind and attitude of prisoners towards good living upon their release. 2. Classes of Prison Education: a. General and Academic Education – the objective of which is to eradicate illiteracy among prisoners. This could be the best contribution of correctional system can offer to society. b. Vocational Education – the purpose of which is to provide prisoners necessary skills for successful works in a socially acceptable occupation after their release. c. Physical Education – designed for those who have physical disabilities. d. Work Programs – these are programs conducive to change behavior in morale by training prisoners for a useful occupation. It is purposely to eliminate idleness on the part of prisoners, which may contribute to “Prison stupor”, and it affects the incidence of prison riot. Classification of Prison Work Programs 1. Educational Assignments – prisoners maybe assigned to either general education, vocational or physical education. 2. Maintenance Assignments – the assignment involves labor related to care and up keeping of the institution properties. 3. Agricultural and Industrial Assignments 4. Unassignable – prisoners who are nearly to leave the institution, awaiting transfer, those in disciplinary status, and those who are chronically ill with mental disabilities are considered unassignable prisoners. Prisoners over 60 years of age may be excused from hard work. Classification of Prison Work Programs 5. Religious Services in Prison – the purpose of this program is to change the attitudes of inmates by inculcating religious values or belief. 6. Recreational Program – the only program that is conducted during free time schedule. Activities may include athletics/sports, musical and arts, social games, special activities on special events, etc. 7. Medical and Health Services – includes mental and physical examination, diagnosis and treatment, immunization, sanitary inspections, participation in training. Issuance of Uniforms • The newly admitted inmate shall be issued two regulation uniforms/suits and two t-shirts. 1. 1 blanket 2. 1 mat 3. 1 pillow with pillow case 4. 1 mosquito net 5. 1 set, mess kit, and 6. 1 pair slippers The inmate shall be held responsible and accountable for the items issued to him. Separation and placement center • An inmate shall,30days before his schedule date of release, be transferred to the separation and placement center to prepare him for reentry into free society, provided he is not under punishment or an escape risk, and is cleared of his government property accountability. -Time release education. Pre-release seminar • All inmates eligible for release shall undergo a 1 day seminar in preparation for his life outside prison. REPUBLIC ACT NO. 10575 • AN ACT STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR) AND PROVIDING FUNDS THEREFOR: • This Act shall be known as “The Bureau of Corrections Act of 2013″ • Approved: MAY 24 2013 POLICY • It is the policy of the State to promote the general welfare and safeguard the basic rights of every prisoner incarcerated in our national penitentiary. It also recognizes the responsibility of the State to strengthen government capability aimed towards the institutionalization of highly efficient and competent correctional services. • Towards this end, the State shall provide for the modernization, professionalization and restructuring of the Bureau of Corrections (BuCor) by upgrading its facilities, increasing the number of its personnel, upgrading the level of qualifications of their personnel and standardizing their base pay, retirement and other benefits, making it at par with that of the Bureau of Jail Management and Penology (BJMP). The Mandates of the Bureau of Corrections • The BuCor shall be in charge of safekeeping and instituting reformation programs to national inmates sentenced to more than three (3) years. (a) Safekeeping of National Inmates – The safekeeping of inmates shall include decent provision of quarters, food, water and clothing in compliance with established United Nations standards. The security of the inmates shall be undertaken by the Custodial Force consisting of Corrections Officers with a ranking system and salary grades similar to its counterpart in the BJMP. (b) Reformation of National Inmates – The reformation programs, which will be instituted by the BuCor for the inmates, shall be the following: (1) Moral and Spiritual Program; (2) Education and Training Program; (3) Work and Livelihood Program; (4) Sports and Recreation Program; (5) Health and Welfare Program; and (6) Behavior Modification Program, to include Therapeutic Community. (c) The reformation programs shall be undertaken by Professional Reformation Personnel consisting of Corrections Technical Officers with ranking system and salary grades similar to Corrections Officers. (1) Corrections Technical Officers are personnel employed in the implementation of reformation programs and those personnel whose nature of work requires proximate or direct contact with inmates. (2) Corrections Technical Officers include priests, evangelists, pastors, teachers, instructors, professors, vocational placement officers, librarians, guidance counselors, physicians, nurses, medical technologists, pharmacists, dentists, therapists, psychologists, psychiatrists, sociologists, social workers, engineers, electricians, agriculturists, veterinarians, lawyers and similar professional skills relevant to the implementation of inmate reformation programs. Operations of the Bureau of Corrections (a) The BuCor shall operate with a directorial structure. It shall undertake reception of inmates through its Directorate for Reception and Diagnostics (DRD), formerly Reception and Diagnostic Center (RDC), provide basic needs and security through its Security and Operations Directorates, administer reformation programs through its Reformation Directorates, and prepare inmates for reintegration to mainstream society through its Directorate for External Relations (DER), formerly External Relations Division (ERD). (b) The DRD shall be responsible for the conduct of classification of each and every inmate admitted to the BuCor. Inmates shall be classified according to security risk and sentence. Included in the classification is determining inmate’s certain skills or talents, physical, spiritual, social, mental and psychological evaluation and other behavioral assessments, as reference of the DRD in the preparation of individual inmate reformation programs. (c) Aside from those borne of the provisions under Rule 8, Part I, Rules of General Application of the United Nations Standard Minimum Rules for the Treatment of Prisoners and that of the existing regulation of the BuCor on security classification (i.e. maximum, medium and minimum security risk), inmates shall also be internally classified by the DRD and segregated according to crimes committed based on the related penal codes such as Crimes Against Persons, Crimes Against Properties, Crimes Against Chastity, so on and so forth, as well as by other related Special Laws, Custom and Immigration Laws. (d) From the DRD, the Custodial Force and Reformation Personnel of respective security institutions/camps shall be in charge for the security and the implementation of the recommended inmate reformation program of each and every inmate while serving sentence, respectively. (e) The Directorate for External Relations (DER) shall be responsible for pre-release and post-release programs of inmates due for release. The DER shall also classify inmates according to skills acquired for referral and endorsement to appropriate companies or corporations participating in the BuCor On-The-Job Training Programs for newly reformed inmates. The DER shall also evaluate, classify and apply necessary programs to inmates for readiness to join the mainstream society upon release. (f) Apart from handling inmates, the BuCor shall administratively operate like a standard government agency through its Administrative Directorates with internal control and internal audit units. (g) The BuCor shall employ full computerization in the build-up, maintenance and transmittal of necessary inmate records to all its Prison and Penal Farms and other recipient agencies (i.e. Board of Pardons and Parole). Facilities of the Bureau of Corrections The BuCor shall operate with standard and uniform design of prison facilities, reformation facilities and administrative facilities, through all the operating prison and penal farms, such as the following: • (a) Dormitory; • (b) Administration building; • (c) Perimeter/Security fences; • (d) Hospital/Infirmary; • (e) Recreation/Multipurpose hall; (f) Training/Lecture center; (g) Workshop facility; (h) Mess hall/kitchen; (i) Visiting area; (j) Water tank and pump; (k) Reception and diagnostic center; and (l) Service personnel facilities. Supervision of the Bureau of Corrections The Department of Justice (DOJ), having the BuCor as a line bureau and a constituent unit, shall maintain a relationship of administrative supervision with the latter as defined under Section 38(2), Chapter 7, Book IV of Executive Order No. 292(Administrative Code of 1987), except that the DOJ shall retain authority over the power to review, reverse, revise or modify the decisions of the BuCor in the exercise of its regulatory or quasi-judicial functions. Organization and Key Positions of the Bureau of Corrections. (a) The BuCor shall be headed by a Director who shall be assisted by three (3) Deputy Directors: one (1) for administration, one (1) for security and operations and one (1) for reformation, all of whom shall be appointed by the President upon the recommendation of the Secretary of the DOJ: Provided, That the Director and the Deputy Directors of the BuCor shall serve a tour of duty not to exceed six (6) years from the date of appointment: Provided, further, That in times of war or other national emergency declared by Congress, the President may extend such tour of duty. (b) The Head of the BuCor, with the rank of Undersecretary, shall have the position and title of Director General of Corrections. The second officers in command of the BuCor, with the rank of Assistant Secretary, shall have the position and title of Deputy Directors of Corrections. The third officer in command of the BuCor, with the rank of Chief Superintendent, shall have the position and title of Corrections Chief Superintendent. The fourth officer in command of the BuCor, with the rank of Senior Superintendent, shall have the position and title of Corrections Senior Superintendent. The fifth officer in command of the BuCor, with the rank of Superintendent, shall have the position and title of Corrections Superintendent. (c) The Department of Budget and Management (DBM) shall rationalize the existing organizational structure and staffing pattern of the BuCor in accordance with the provisions of this Act and relevant compensation and position classification laws, rules and regulations. Increase of Personnel The BuCor shall maintain the custodial personnel-to-inmate ratio of 1:7 and reformation personnel-to-inmate ratio of 1:24. Hence, it is authorized to increase its manpower to meet such ratio and may continue to increase personnel per percentage rate increase of committed inmates annually or as the need arises. Lateral Entry of Officer into the BuCor In general, all original appointments of officers in the BuCor shall commence with the rank of Corrections Inspector wherein applicants for lateral entry into the BuCor shall include all those with highly specialized and technical qualifications such as, but not limited to, civil engineers, mechanical engineers, electrical engineers, chemical engineers, chemists, architects, criminologists, certified public accountants, nurses, physical therapists, dentists, social workers, psychologists, sociologists, guidance counselors and teachers. Doctors of Medicine, members of the Philippine Bar and chaplains shall be appointed to the rank of Corrections Senior Inspector in their particular technical service. (2) Colony Assistant Superintendent – Should have the rank of Chief Inspector, who must have finished at least second year Bachelor of Laws or earned at least twenty-four (24) units in a master’s degree program in management, public administration, public safety, criminology, penology, sociology, national security administration, defense studies or other related disciplines from a recognized institution of learning, and must have satisfactorily passed the necessary training or career courses for such position as may be established by the BuCor; (4) Regional Superintendent – Should have the rank of Senior Superintendent or Chief Superintendent, who must be a graduate of Bachelor of Laws or a holder of a master’s degree in management, public administration, public safety, criminology, penology, sociology, national security administration, defense studies or other related disciplines from a recognized institution of learning, and must have satisfactorily passed the necessary training or career courses for such position as may be established by the BuCor: Provided, That in prison and penal farms with an inmate population of three thousand (3,000) but below five thousand (5,000), the Regional Superintendent shall have the rank and qualification of a Colony Senior Superintendent: Provided, further, That in prison and penal farms with an inmate population of over five thousand (5,000), the Regional Superintendent shall have the rank and qualification of a Chief Superintendent. • Any personnel of the BuCor who is currently occupying such position but lacks any of the qualifications mentioned therein shall be given five (5) years to comply with the requirements; otherwise, the personnel shall be relieved from the position. Attrition System for the Personnel of the BuCor There shall be established a system of attrition for the personnel of the BuCor within five (5) years from the effectivity of this Act, to be submitted by the said bureau to the DOJ for approval. Such attrition system shall include, but is not limited to, the provision of the following principles: (a) Attrition by Demotion in Position or Rank – Any personnel of the BuCor who is relieved and assigned to a position lower than what is established for the grade in the respective staffing pattern, and who shall not be assigned to a position commensurate to one’s grade within two (2) years after such demotion in position shall be separated or retired from the service; (b) Attrition by Non-Promotion – Any personnel of the BuCor who has not been promoted for a continuous period often (10) years shall be separated or retired from the service, except for those who are occupying a third level position; (c) Attrition by Other Means – Any personnel of the BuCor with at least five (5) years of accumulated active service shall be separated from the service based on any of the following factors: (1) Inefficiency based on poor performance during the last two (2) successive semestral rating periods; (2) Inefficiency based on poor performance for three (3) cumulative semestral rating periods; (3) Physical and/or mental incapacity to perform one’s duties and functions; or (4) Failure to complete the required career courses and/or appropriate civil service eligibility for his/her position except for justifiable cause or reason. (d) Separation or Retirement from the BuCor under this Section – Any personnel who is dismissed from the BuCor pursuant to the above-enumerated principles in this section shall be separated if one has rendered less than twenty (20) years of service, and be retired if one has rendered at least twenty (20) years of service unless the concerned personnel is disqualified by law to receive such benefits. (b) Requirements for Promotion – (1) Any personnel of the BuCor shall not be eligible for promotion to a higher rank unless one has met the minimum qualification standards or the appropriate civil service eligibility set by the CSC, and has satisfactorily passed the required psychiatric/psychological, drug and physical test; and (2) Any personnel of the BuCor who has exhibited acts of conspicuous courage and gallantry at the risk of one’s life above and beyond the call of duty, or selected as such in a nationwide search conducted by any accredited civic organization, shall be promoted to the next higher rank: Provided, That these shall be validated by the DOJ and the CSC based on established criteria. Standardization of the Base Pay and Other Benefits of the Uniformed Personnel of the BuCor. – In order to enhance the general welfare, commitment to service and professionalism, the following are considered uniformed personnel of the BuCor: CUSTODIAL RANK REFORMATION RANK Corrections Chief Superintendent Corrections Senior Superintendent Corrections Technical Senior Superintendent Corrections Superintendent Corrections Technical Superintendent Corrections Chief Inspector Corrections Technical Chief Inspector Corrections Senior Inspector Corrections Technical Senior Inspector Corrections Inspector Corrections Technical Inspector Corrections Senior Officer IV Corrections Technical Senior Officer IV Corrections Senior Officer III Corrections Technical Senior Officer III Corrections Senior Officer II Corrections Technical Senior Officer II Corrections Senior Officer I Corrections Technical Senior Officer I Corrections Officer III Corrections Technical Officer III Corrections Officer II Corrections Technical Officer II Corrections Officer I Corrections Technical Officer I Previous Board Exam 1. The Iwahig Penal Colony is located at: a. Palawan c. Davao b. Zamboanga d. None of the above 2.The New Bilibid Prison was established by virtue of the Revised Administrative Code, specifically section: a. 1807 c. 1709 b. 1708 d. 1878 Previous Board Exam 3. The prisoners who cannot be trusted in open condition and maybe allowed to work outside the fence or walls of the penal institution but under guards or escorts are known as: a. Medium Security Prisoners c. Maximum Security Prisoners b. Minimum Security Prisoners d. Super Maximum Security Prisoners 4. The special group of prisoners composed of incorrigibles and highly dangerous persons are also known as: a. Maximum Security Prisoners c. Medium Security Prisoners b. Super maximum security prisoners b. None of the above 5. Maximum security prisoners are confined in the: a. NBP Main Building c. Camp Bukang Liwayway b. Camp Sampaguita d. None of the above • Previous Board Exam 6. The procedure in admitting prisoners which purpose is to insure that the person being committed is the same as the person being named in the commitment order. a. Receiving c. checking of commitment papers b. Searching d. Identification 7. Use of telephone of inmate in prison after showing a good behavior is earned after 90 days. In such case an inmate is entitled to: a. 5 minutes c. 3 minutes b. not exceeding 5 minutes d. not exceeding 3 minutes 8. The only program that is conducted during the free time schedule is called: a. Religious services c. Recreational programs b. Prison Education d. All of the above • Previous Board Exam 9. An inmate can view the remains of his relative at a distance of ___ from the place of confinement. a. not less than 30 Kilometers c. 50 Kilometers b. not more than 30 Kilometers d. 40 Kilometers 10. If an inmate is given the privileged to view the remains of his relative for: a. 4 hours c. 3 hours b. not more than 3 hours d. less than 3 hours Previous Board Exam 11. They are compose the initial wave of anti-riot assault contingent whose main objectives shall be to disperse the rioters and get their leaders and shall be alarmed with wicker shields, protective headgears, gas masks and night sticks or batons, when these are available. a. 1st Group c. 3rd Group b.2nd Group d. 4th Group 12. . They serve as backup force to support the first group and for this purpose shall be equipped with tear gas, guns and grenades. a. 1st Group c. 3rd Group b.2nd Group d. 4th Group 13. They are composed of guards trained on proper handling and use of firearms who shall be ready to fire when the lives of the guards are in peril on orders of the Officer-in-Command. a. 1st Group c. 3rd Group b.2nd Group d. 4th Group Previous Board Exam 14. Which of the following is a place for the confinement of minimum security prisoner? A. Camp Sampaguita C. Quarantine Unit B. RDC D. AFP Stockade 15. The required ratio in the routinary custody of inmate in Jail is: A. 1:5 C. 1:7 B. 1:6 D. 1:8 16. A procedure that is conducted in jail and in prison where an inmate upon arrival at the place of confinement will be stripped out for search of contrabands. A. Operation thunderbolt. C. Operation Bakal. B. Operation Greyhound. D. Operation Shakedown.