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Monday, August 8, 2011

THE FOURTH PILLAR OF THE PCJS IS THE CORRECTIONS


        
                The corrections pillar undertakes the information and rehabilitation of offenders for their eventual absorption into the social and economic streams of the community, through institutional or community-based programs.

                1.   The bureau of Corrections, which is under the Department of Justice, is responsible for the treatment and rehabilitation of national prisoners who are serving sentence of more than three (3) years.
                        There are seven (7) correctional facilities, located all over the country, which are under the direct supervision and control of the Bureau.  They are as follows:
a.       The National Penitentiary, which is known as the Bilibid Prison, is located in Metro Manila.  It has three security compounds, namely: the Maximum Security Camp, Medium Security Camp and Minimum Security Camp.
b.      Correctional Institute for women located in Metro Manila is the only institution for the confinement and rehabilitation of female offenders. A penal superintendent administers it.
c.       There are five (5) prisons and penal farms situated in the different provinces outside Metro Manila.  These are administered and managed by Penal Superintends.  They are as follows:

1.       Ihawig Prison and Penal Farm in Ihawig, Palawan
2.       Leyte Regional Person in Abuyog, Leyte
3.       Sablayan Prison and Penal Farm in Sablayan, Occidental Mindoro
4.       San Ramon Prison and Penal Farm in Zamboanga Del Sur
5.       Davao Prison and Penal Farm, Davao Del Norte

                2.   The Provincial Jails are administered and supervised by their respective provincial governments.  Inmates who are serving sentence from six (6) months and one (1) day to three (3) years are confined in these jails.

2.       The Bureau of Jail Management and Penology (BJMP) administer municipal and city jails, which is under the DILG.  The inmates confined in these jails are serving sentence of not more than six (6) months of imprisonment.
















                    DEFINITION OF TERMS

            1.    Amnesty – a general pardon for offenses against a government primarily in case where whole groups, classes or sects are involved.
                2.    Commitment Order – a written order of a court or authority consigning a prisoner to a jail or prison to detention.
                3.    Contraband – anything that enters a jail in violation of its rules, or which an inmate is prohibited to possess.
2.       Corporal Punishment – physical injury inflicted on the body of prison particularly on one convicted of a crime; like flogging, etc.
3.       Detainee – a person who detained for the violation of law or ordinance and has not yet been convicted.
4.       Escape Prone Prisoner – a prisoner having the natural inclination to evade custody against the will of the custodian or from the place where he is held in lawful custody or confinement.
5.       Good Conduct Time Allowance (GCTA) – a reward for good conduct whereby a prisoner receives partial remission or reduction of his prison sentence.
6.       Jail – a place for confinement for persons awaiting court action and the convicted offenders serving short sentences.
7.       Lock up Security Facility – operated by police units for its temporary detention of persons held for investigation.
8.       Mittimus – a warrant issued by a court bearing its seal and the signature of the judge directing the jail or prison authorities to receive the convicted offender for service of sentence imposed therein.
9.       Pardon – an act of grace and a sovereign power inherent in the state,  which exempts the individual from the punishment, which the law imposes for his crime.
10.   Parole – the conditional release of a person from jail / prison prior to the full service of his sentence on his own recognizance.
11.   Prisoner – a person confined in jail to serve a prison sentence after conviction by a competent court of authority.
12.   Proselytizing – to convert or induce another to change his religious belief, sect, or the like, to another.
13.   Reformation – the act of restoring to a good condition, reestablished in good repute or accept respectability; restore to a formal standing, rank, right or privileges.
14.   Safekeeping – temporary custody of a person or the detention of a person for his own protection or care to secure from liability, harm, injury or danger.
15.   Sentenced Prisoner – a person who is convicted by a final judgment and classified as follows:
            a.    Insular Prisoner – a person who is sentenced to a prison term of over three (3) or to pay a fine of more than one thousand pesos (1,000) or both fine and imprisonment.
            b.    City Prisoner – 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 (1,000) or both fine and imprisonment.
            c.     Municipal Prisoner – a person who is sentenced to serve imprisonment for not more than six (6) months.
16.   Suicide Risk – a person prone to taking his own life.
17.   Tattooing – the act of pricking and making mark patterns on the skin with indelible pigments (BJMP Management Manual)





                                                                                                                                                            
                PURPOSES OF CORRECTIONS AND SENTENCING

1.      Deterrence (General Prevention) – is the “prevented effect with actual or threatened punishment of offenders has upon potential offenders” (John C. Ball, “The Deterrence Concept in Criminology and Law,” J. Crim. L. Vol. 46 No. 3 p. 347, September-October, 1955.) The doctrine of deterrence shows the aim of the state to prevent crime in order to have a peaceful society.  Whatever the opinion of some authorities to the contrary, it cannot be denied that this doctrine has preventive effect to criminal activities compared to other social restraints.

2.      Rehabilitation – In the process to help the criminals to adjust to society and to avoid deviant behaviour several measures were undertaken to rehabilitate them.  To cite a few, these are vocational training, counselling and therapeutic treatment.

3.      Reintegration – These is similar to the rehabilitative model in the sense that it considers the offenders need for assistance.  In the same vein, this process submits that the criminal behavior was due to the gap between the criminal and the community.  For this reason the offender must be assisted to strive hard to face the forces in the society or community which he will join upon his release from jail/prison.

4.      Isolation of Prisoners – There is a wide consensus to insulate the criminals from the law-abiding citizens so as not to pollute them.  In modern times in order to attain this idea of isolation led to the building of prisons and penal colonies geared to protect the members of society from the influence of the lawless elements.

5.      Punishment – An accused found guilty of an offense in the Philippines maybe convicted in the following penalties:
1.        Reclusion Perpetua (Life Imprisonment)
2.        Reclusion Temporal
3.        Prison Mayor
4.        Prison Correctional
5.        Arresto Mayor
6.        Arresto Menor
7.        Destierro
8.        Perpetual Absolute Disqualification
9.      Temporary Absolute Disqualification
10.  Suspension from Public Office, The Right to Vote and be Voted for, The Right to Follow a Profession or Calling
11.  Public Censure, and
12.  Fine (Arts. 70 and 71, Revised Penal Code)












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