Professional Documents
Culture Documents
School Day, 1 Semester SY 2020-2021
School Day, 1 Semester SY 2020-2021
School Day, 1 Semester SY 2020-2021
CA 3 (THERAPEUTIC MODALITIES)
MODULE 15
15th School Day, 1st Semester SY 2020-2021
OBJECTIVES:
LESSON PROPER
Thus, the restorative justice process is actively participated in by the victim, the offender,
and/or any individual or community member affected by the crime to resolve conflicts resulting
from the criminal offense, often with the help of a fair and impartial third party. Examples of
restorative process include mediation, conferencing, sentencing/support circle and the like. The
restorative outcome is the agreement obtained as a product of a restorative justice process.
Examples of restorative outcomes include restitution, community work service and any other
program or response designed to accomplish reparation of the victim, and the reintegration of
the victims and/or offenders.
The Commission on Crime Prevention and Criminal Justice, of which the Philippines is a
member-country, through a draft resolution, recommended to the Economic and Social Council
of the United Nations Organization (UNO), the adoption of the “Basic Principles on the Use of
Restorative Justice Programmes in Criminal Matters”. The said document is a formulation of
UN Standard in the field of mediation and restorative justice. The Philippines, being a signatory
member-country should ensure adoption of this resolution.
Consequently, the goal of the government is to establish a more enlightened and humane
correctional system that will promote the reformation of offenders and thereby reduce the
incidence of recidivism. This is in line with the applicable laws, rules, and policies mandating
this Agency to administer the Parole and Probation System in the country. As such, the Parole
and Probation Administration (PPA) is empowered to create innovative policies, programs, and
activities to facilitate the reintegration of its clientele into the mainstream of society and
consequently prevent the commission of crime. Therefore, PPA adopts Restorative Justice as
one of its rehabilitation programs which utilizes restorative processes and aims to achieve
restorative outcomes.
1. Reintegration of the offenders to the social mainstream and encouraging them to assume
active responsibility for the injuries inflicted to the victims;
2. Proactive involvement of the community to support and assist in the rehabilitation of
victims and offenders;
3. Attention to the needs of the victims, survivors and other persons affected by the crime
as participating stakeholders in the criminal justice system, rather than mere objects or
passive recipients of services of intervention that may be unwanted, inappropriate or
ineffective;
4. Healing the effects of the crime or wrongdoing suffered by the respective stakeholders;
and
5. Prevention of further commission of crime and delinquency.
Information such as victims’ version of the offense, effect of victimization to their lives,
families, future, and plans, and victims’ appreciation on how the damage/harm inflicted
by the crime can be repaired and healed are gathered to serve as input in the post-
sentence investigation (PSI) or pre-parole/executive clemency investigation (PPI)
reports prepared by the investigating officer to be submitted to the Court and the Board
of Pardons and Parole, respectively. These data are vital in the conduct of restorative
justice processes during the supervision phase.
The parties are brought within the program out of their own volition. Parties have the
right to seek legal advice before and after the restorative justice process;
Before agreeing to participate in the restorative justice process, the parties are fully
informed of their rights, the nature of the process, and the possible consequences of
their decision;
Neither the victim nor the offender is induced by unfair means to participate in
restorative justice processes or outcomes;
Discussion in restorative justice processes should be highly confidential and should not
be disclosed subsequently, except with the consent of the parties, and should not be
used against the parties involved;
Where no agreement can be made between the parties, the case is withdrawn from the
restorative justice process; and
The Role of the Probation and Parole Officer in the Implementation of Restorative
Justice
1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO) potential
case for Peacemaking Encounter;
6. Prepares case notes reflective of restorative justice values and utilizing the following
points:
Impact of crime and effect of victimization
Victim inputs and involvement opportunities
Offender opportunity to take direct responsibility for the harm inflicted
on the victim and/or the community.
1. Approves cases for Peace Encounter Conference and issues office orders; and
2. Implements and monitors plans and agreements achieved during the conference and
sets direction to realize success of the process.
1. A personal visit by the Restorative Justice planner may be necessary to solicit interest
and willingness of stakeholders to participate in the restorative process;
2. The victims’ preference for the time, date and place of the meeting should be given
greatest weight;
3. Restorative Justice planners should also get in touch with community strengths to serve
as facilitator like local officials, members of the Lupon Tagapamayapa or any responsible
and respected personalities in the locality;
4. A pre-conference meeting with the selected facilitators prior to the actual conduct of
peace encounter conference should be set to carefully plan for all the details, from the
sitting arrangements and refreshments to the box of tissue papers which incidentally
would let participants know that display of emotions is okay;
6. The Restorative Justice planner should ensure that everyone knows how to get to the
location site of the conference;
7. Facilitators should ensure that the conference shall be conducted without interruption in
a comfortable location and shall secure the safety of all stakeholders;
ASSIGNMENT/PROGRESS CHECK
CA 3 (THERAPEUTIC MODALITIES)
MODULE 16
16th School Day, 1st Semester SY 2020-2021
LESSON PROPER
1. Peacemaking Encounter
c. Circle of Support – a community directed process organized by the field office and
participated in by the clients, the Volunteer Probation Aides (VPAs) and selected
members of the community in the discussion of the offense and its impact. Within the
circle, people freely speak from the heart in a shared search for understanding the
incident, and together identify the steps necessary to assist in the reconciliation and
healing of all affected parties and prevent future crime or conflict. In the Agency, the
circle of support is facilitated by trained Probation and Parole Officers, Volunteer
Probation Aides or selected community leaders who offered their services free of charge
to serve as facilitator or keeper. In implementing this process, the probation and parole
officer should be the facilitator who is sensitive to the needs of the victim. Likewise, the
probation and parole officer should exert effort to protect the safety and interest of the
victim.
The outcomes or interventions which can be agreed upon during the restorative
justice process.
As a result of the restorative justice process, the following outcomes or interventions may
be agreed upon by parties in a Restorative Justice discussion, such as, but not limited to:
A. Restitution
Restitution is a process upon which the offender accepts accountability for the
financial and/or non-financial losses he/she may have caused to the victim.
Restitution is a “core” victim’s right which is very crucial in assisting the
redirection of the victim’s life.
Part of the conditions of probation as imposed by the Court is the payment of civil
liability to indemnify the victim of the offender, and to inculcate to the offender a sense
of responsibility and obligation towards the community. Consequently, the probation
and parole officer should see to it that the offender complies with this condition.
The probation and parole officer should ensure the adoption of these community work
services to facilitate the reintegration of the offender in the community.
It will enhance client’s interpersonal relationship and it will help him/her become more
aware of his/her shortcomings/weaknesses. This will also help him/her overcome
painful experiences that drove him/her to commit a crime/ offense.
This session aims to develop healthy personal relationship within the family and to
establish open positive communication between family members and significant others. Family
members should be oriented in their individual responsibilities and roles.
ASSIGNMENT/PROGRESS CHECK
1. Explain the Restorative Justice Model that can be applied in Parole and Probation
Administration. (15 points)
CA 3 (THERAPEUTIC MODALITIES)
MODULE 17
17th School Day, 1st Semester SY 2020-2021
OBJECTIVES:
1. Know the concept of Collaboration Justice with the community and other Service
providers;
LESSON PROPER
To ensure public safety is the desired outcome of the criminal justice system’s
intervention in rehabilitating offenders. For this reason, criminal justice practitioners must
find and must continuously develop the most effective ways in which this goal may be
achieved.
Community correction professionals cannot possibly, and should not expect to, address
the complex needs of offenders independently. Other professionals must be involved to provide
valuable information, resources, and perspective that will help the offender to succeed in the
community.
Working with other criminal justice professionals and community partners can result in
supervision plans that address offenders’ need more effectively, resulting in lower court
caseloads and reduced violations and crime rate within the community. It is only through
collaboration with public, private, and community-based service providers that community
corrections can promote safer communities.
Community and service providers play keys roles in addressing effectively the complex
social, behavioral, and health issue that offenders face. Public and private treatment providers,
including substance abuse and mental health practitioners, victims’ rights organizations, and
victim advocates can also provide valuable resources and perspectives for supervising offenders.
Government agencies providing housing resources, workforce training, educational assistance,
and veterans’, benefits are also important partners in finding solution to the complex problems
facing offenders in the community. Community and faith-based partners (including willing
employers, and local colleges and schools) can provide numerous resources. But still the most
important stakeholders are the offender and his or her family.
Restorative Justice
(Present)
Collaborative Justice
(Future)
something of
equal value, and
justice requires
that this forfeit be
enacted.
The success of a collaborative team relies upon the desire and willingness of each
participant to dedicate themselves and their time to collaborative process; to set aside individual
agency agendas in pursuit of a shared and larger goal; and to recognize that collaborative justice
is a long term process, requiring the establishment and maintenance of solid collaborative
partnership with other agencies and community stakeholders. The long term benefits of the
collaborative approach including a shared ownership of responsibility for, and success in solving
justice system problems will undoubtedly make the investment worthwhile.
ICCA has been an affiliate of the American Correctional Association (ACA) since 1975; an
affiliate of the United Nations Alliance of Non-Governmental Organizations in Criminal Justice
since 1982; the American Probation and Parole Association, the International Corrections and
prison Association and the National Juvenile Justice Delinquency Prevention Coalition. In
addition, ICCA liaises with several other national and international Community corrections
organizations. (http;//iccalive.org/icca/index.php)
APPA is only one of several organizations that serve a similar purpose for community
corrections advocacy. Other organizations are as follows:
Making research is a making of the future. Hence, the future of correction will be based
on how much studies are conducted to develop the current policies in correction. What is lacking
today in the Philippine Correction is research. Although there are foreign researches available,
but applicability of these in our local setting is a question.
Involves using current practices or intervention for which there is consistent and solid
scientific evidence of success. Integrating into everyday practice the correctional programs and
techniques that have been shown to be the most effective with offender using evaluation results
from systematically evaluated research studies. EBP is not based intuition, speculations or
tradition, rather EBP is grounded in empirical data and research in studying what works. The
idea behind EBP in corrections is that agencies use only the most successful programs.
On March 12, 2009 the U.S Department of Justice, Office of the Justice Programs
National Institute of Justice has identified high-priority research, development and evaluation
needs of corrections professionals. Those high-priority goals include:
Create knowledge and develop technologies on how prisons, jails and community
corrections can be better managed to provide safe, secure and cost-effective operations.
Create knowledge on how to assess and manage special offender populations in prisons,
jails and in the community.
Develop effective treatment/intervention strategies that enhance public safety by
maximizing the successful reentry of offenders into communities.
Research the cause of prison sexual assault and factors that may deter the reporting of
such assaults and evaluate strategies, practices and policies designed to prevent it.
Develop assured means to continuously and accurately monitor the location and status
of corrections officers and personnel as well as inmates and detainees.
Develop improved means to detect, locate and defeat the use of unauthorized wireless
communication devices.
Develop improved, unobtrusive means to accurately detect a broad spectrum of
contraband to preclude its introduction into correctional environments.
Optimizing the way in which corrections agencies employ new technologies, such as
smart sensors, wireless mobile networks and knowledge management, in response
operations.
Develop improved information and data system that link an individual’s records and
citations across various criminal justice database from the time of entry into the criminal
justice system.
Develop devices providing multilingual speech translation capabilities for public safety
application including voice and speech-to-text/text-to-speech.
These priorities inform decisions about the scope of future work and dissemination of
NIJ-sponsored knowledge and technologies. At the same time, NIJ maintains the flexibility to
respond to emerging needs and to consider the merits of individual projects that may contribute
to other worthwhile goals. (http://www.ojp.usdoj.gov)
ASSIGNMENT/PROGRESS CHECK
1. Discuss the differences of its function of rehabilitation practices and integration of offenders.
a) Retributive Justice –
b) Restorative Justice –
c) Collaborative Justice –