Correctional Administration

BACKGROUND OF REVIEW CIS -- the crime prevention mechanism

P- POLICE/LAW ENFORCEMENT
P-PROSECUTION
C-COURT
C- CORRECTION
C - COMMUNITY

 Correction as a Process
 Institutional or Non-institutional base correction

BOARD QUESTIONS
Which of the pillars of Philippine Criminal Justice is the
1. "prime mover"? POLICE PILLAR
2. "investigator/state representative? PROSECUTION PILLAR
3. "center pillar"? COURT PILLAR
4. "reformer"? CORRECTION PILLAR
5. "base pillar"? COMMUNITY PILLAR

The superstar in the CJS? CRIMINAL

The forgotten person in the CJS? VICTIM

BOARD QUESTIONS
What does the symbolizes in the context of the criminal justice system?
1. The lady justice - divine rightness of law
2. The balance - truth and fairness
3. The sword - power of reason
4. The blindfold- IMPARTIALITY!
5. What do you call the hammer look like used by the judge to open/close court session or maintain order inside the court? -Mallet or
Gavel

APPROACHES TO CORRECTION
What are the two kinds of CORRECTION APPROACHES in the Philippines?
1. Institutional Correction - Rehabilitation of offenders in Jail or Prison.
2. Community-Based Correction - correctional activities that takes place in the community that directly addressed to the offender and
aimed at helping him to become a law abiding citizen.

BASIC CONCEPTS
WHAT IS PENOLOGY?
Study of punishment of crimes or of criminal offenders. It includes the study of control and prevention of crime through punishment of
criminal offenders. -The term derived from the Latin word “poena" which means pain or suffering. -Penology is also otherwise known
as Penal Science.
(Classical Doctrine Influence)

BOARD QUESTION
What is the meant by the Latin word “Poena"?
A. Pain or Suffering
B. B. Offering
C. C. Prodigal son
D. Penitence
Answer - A

WHAT IS PENAL MANAGEMENT?

It refers to the manner or practice of managing or controlling places of confinement as jails or prisons.
Management - utilization of resources (5Ms)

WHAT IS CORRECTION?
It is a branch of the CJS concerned with the custody, supervision and rehabilitation of criminal offenders. (positivist doctrine influence)
CORRECTIONAL ADMINISTRATION - the study and practice of a system management of jails or prisons and other institution concerned
with the custody, treatment and rehabilitation of criminal offenders.

HISTORICAL PERSPECTIVES

THE PRIMITIVE ERA

Demonological v.s Divine will theories Lack of Codified Laws, thus law enforcement were based "barbaric practices".
Lack of Criminal Justice System - Criminals are judged through "Trial by Ordeals”
Punishment were based on the words of kings/emperors/elders/chieftains

DEVT OF LEGAL SYSTEMS

GENERAL CLASS OF LAWS
-LEX EXTERNA (Divine Laws)
-LEX NATURALIS (Natural Laws)
-LEX HUMANA (Human Laws)
 ROMAN LAWS
 MOHAMEDAN LAWS
 ANGLO-AMERICAN LAWS
Note : Rise of Secular Laws

THE EARLY CODES

2300 B.C - Sumerians Lipithstar & Eshumma - set standards on what constituted an offense against society - the Sumerian Code 12100
B.C - Babylonians - Code of King Hammurabi - Principle LEX TALIONES - oldest harsh code.
The Twelve Tables (XII Tabulae) – represented the earliest codification of Roman law incorporated
into the Justinian Code.
Justinian Code – Emperor Justinian - Rome 6th AD “Corpus Juris Civilis” – The Body of Law
Code of Draco - Greek Code – Prosecution of offenses in the name of the public/people
Burgundian Code – provide punishment according to social status of offenders

Code of Kalantiao (Kalantiaw) Promulgated in 1433 - Time of Datu Kalantiao

Maragtas Code Promulgated during the time of Datu Sumakwel
SIKATUNA law

Influence of the Secular Laws

13th Century - Securing Sanctuary
In the 13th century a criminal could avoid punishment by claiming refugee in a church for a period of 40 days.
..The Church was a powerful mechanism that influence Governance…

DEALING WITH CRIMINAL OFFENDERS

16th Century - Transportation of criminals in England was authorized. At the end of the 16th century Russia and other European
countries followed this system. It partially relieved overcrowding of prisons.
17th Century to late 18th Century - Death Penalty became prevalent as a form of punishment.

BOARD QUESTION
Transportation of criminals was authorized in England during the 16th Century. However, it was abandoned as a form of punishment on
-
A. 1835
B. B. 1826
C. C. 1842
D. D. 1855
Answer - A

THE GALLEYS - long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A type of ship used for
transportation of criminals during the 16th century
THE HULKS - former warships used to house prisoners in the 18th and 19th century... warships converted into prisons, also called
"floating hells”

EARLY PRISONS
Mamertine Prison - earliest Roman place of confinement, Rome in 64 B.C.
Bridewell Workhouse – built in 1557 in London for the employment &housing of English prisoners
Walnut Street Jail – first American Penitentiary converted as a State Prison.

CONCEPT OF PUNISHMENT
The REDRESS that the state can stake upon an offending member
It is justified by:
1. Deterrence (Gives lesson)
2. Retribution/Atonement
3. Incapacitation and Protection
4. Rehabilitation (Reformation)

Early Forms of Punishment

-Death (Capital Punishment)
-Banishment
- Transportation and Slavery
-Social degradation

18th Century was a century of change, the period of recognizing human dignity.
THE AGE OF ENLIGHTENMENT
A.K.A
THE REFORMATION ERA

RISE OF HUMANISTIC GOALS OF PUNISHMENT

 Classical School of Thought
Free will Doctrine - C. Beccaria
Psychological Hedonism - J. Bentham

 Neo-Classical School of Thought

Children & lunatics must be free from punishment.

 Positivist/Italian School of Thought

Crime as natural phenomenon
Criminals as "sick” – Treatment v.s Punishment

18th Century Pioneers of Reformation

 WILLIAM PENN Famous for founding Pennsylvania Advocated religious freedom Fought for the abolition of DEATH penalty as a
form of punishment.
 Charles Montesquieu (1689-1755) A French historian and philosopher who analyzed law as an expression of justice. He was
famous for his advocacy in reforming SLAVERY as a means of punishment. He was famous for the theory "separation of powers” of
the legislative, judiciary and the executive
 FRANCOIS MARIE AROUET (Pen name VOLTAIR (1694-1778) - was a French writer, historian and philosopher famous for his
advocacies of civil rights including freedom of religion. - He was also a social reformist who believes that. He was also a social
reformist who believes that fear of shame was a deterrent of crime.
 CESARE Bonesana Marchese de BECCARIA (1737-1794) - famous father of the Classical School of thought in criminology and law.
Presented the humanistic goal of law as a means to deal with the criminal justice
 Jeremy Bentham (1746-1832) The greatest leader in the reform of English Criminal Law. He believes that whatever punishment
designed to negate whatever pleasure or gain the criminal derives from crime, the crime rate would go down (Doctrine of
Hedonism). Jeremy Bentham was also famous for the prison design known as PANOPTICON PRISON.
 John Howard (1726-1790) - Sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison reform. Thus, he gained the
fame as Father of Prison Reform
-Segregation of men – women, young - adult
-Provision Sanitation
-Single Cell Sleeping
- Abolition of fee system

CONTEMPORARY FORVS OF PUNISHMENT

 Imprisonment – based on degree of severity of
the crime committed
 Parole - (After minimum term)
 Probation - (No imprisonment)
 Fine - According to set amount
 Destierro - (25 kms away)
Other humanistic forms of treating criminal offender s of reformation (Positivistic Views)

CONCEPT OF PENALTY
The suffering inflicted by the state as a punishment against an offending member for the transgression of law. Its is based on the
following conditions:
- Productive of Suffering
- Commensurate with the offense
- Personal
- Legal
- Equal
- Certain

THE RIVALRY OF PRISON SYSTEMS

 The Auburn Prison System
- "Congregate System” where prisoners are confined in their own cells during the night and congregate work in shops during the day.
 The Pennsylvania Prison System
- "Solitary System” where prisoners are confined in single cells day and night
> In both prison system, complete silence was being enforced.

Modern Prison Systems

 Alexander Maconochie- Mark System
 Walter Crofton - Irish Prison System
 Manuel Montesimos – Inmates as Petty Officers
 Zebulon Brockway – Elmira Reformatory
 Evelyn Ruggles Brise - Borstal Institution
 PHILIPPINE PRISON SYSTEM

DOJ DILG DSWD

Bucor-PPA-BPP BJMP RYC
BUCOR CITY JAILS CICL
NBP MUN. JAILS
RDC DISTRICT JAILS
CICW PROV. GOVT
COLONIES PROV JAILS

WHEN THE AMERICANS TOOK OVER IN THE 1900s, THE BUREAU OF PRISONS WAS CREATED UNDER THE REORGANIZATION ACT OF
1905 (Act No. 1407 dated November 1, 1905)

The main penitentiary was the Old Bilibid prison in Oroquieta Street, Manila, which was established in 1847 pursuant to Section 1708 of
the Revised Administrative Code. It was formally opened by a Royal Decree in 1865. About four years later or on August 21, 1869, the
San Ramon prison and penal farm in Zamboanga City was established to confine Muslim rebels and recalcitrant political prisoners
opposed to the Spanish rule. The facility, which faces Jolo sea, has the Spanish-inspired dormitories and originally set on a 1,414
hectares sprawling estate.
The Americans established in 1904, the luhit penal settlement (now lwahig Prison and Penal Farm) on a vast reservation of 28,072
hectares. It would reach an aggregate total land area of 40,000 hectares in the late 1950s. It was located on the westernmost part of
the archipelago and far from the maintown to confine incorrigibles who the government had found little hope of rehabilitation.
The area was expanded to 41,007 hectares by virtue of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912
Other penal colonies were established during the American regime. On November 27, 1929, the Correctional Institution for Women
(CIW) was created under Act No. 3579 while Davao Penal Colony in Southern Mindanao was opened in 1932 under Act No. 3732. The
CIW was fo7unded to provide separate facilities for women offenders and to cater to their gender difference. To date, it is the lone
women's prison in the country.
Owing to the increasing number of committals to the Old Bilibid Prison in Manila, the New Bilibid Prison was established in 1935 in a
southern suburb of Muntinlupa, Rizal.
After the American regime, two more penal institutions were established. These were. Prison and penal farm in Occidental Mindoro
under Proclamation No. 72 issued on September 26, 1954 and ffter the American regime, two more penal institutions were established.
These were Sablayan Prison and penal farm in Occidental Mindoro under Proclamation No. 72 issued on September 26, 1954 and Leyte
Regional Prison under Proclamation No. 1101 issued on January 16, 1973.

REPUBLIC ACT NO. 10575 •an act strengthening the bureau of corrections (bucor) and providing funds therefor.
Republic Act 10592 (The Law on Good Conduct Time Allowance and other Grants for the reduction of Penalty)

Good conduct entitles the inmate to the following deductions from his sentence:
1. In the first two years of incarceration, 5 days deduction for each month of good behavior. (20 days, Republic Act No. 10592)
2. From the 3rd to 5th year, 8 days deduction for each month of good behavior (23days, Republic Act No. 10592)
3. From 6th year to 10 years, 10 days deduction for each month of good behavior; and (25 days, Republic Act No. 10592)
4. From the 11th year, 15 days deduction for each month of good behavior. (20 days, Republic Act No. 10592)

GTCA may also be granted to a detainee to be deducted from his sentence if convicted provided that he voluntarily offers to perform
labor as maybe assigned to him during his detention period. Such voluntary offer must be in writing

All inmate whose sentence is life imprisonment but is on appeal is not entitled of GCTA.

GCTA cannot be revoked without a just cause. GCTAs revoked for a just cause may be restored at the discretion of the Director of
Correction upon recommendation of the Superintendent

In addition to the GCTA, a prisoner may also be entitled to another five days per month deduction from the sentence he has to serve
when he has been classified as a trusty or penal colonist.

This is provided by Act. No. 2489, otherwise known as the Industrial Good Time Law. Life imprisonment is also automatically reduced to
thirty years imprisonment upon being classified as a trusty or penal colonist.

Under section 98 and 158 of the Revised Penal Code, Special Time Allowance (STA) for loyalty equivalent to one-fifth of the sentence
shall be deducted from the inmates sentence if, after the inmate abandoned prison due to disorder arising from conflagration,
earthquake, explosion, or similar catastrophes, or during a mutiny in which the inmate did not participate voluntarily submits himself to
the authorities within fortyeight hours following the issuance of a proclamation announcing the ending of the calamity. Amended by
Republic Act No. 10592

Section 3. CLASSIFICATION OF PRISONERS - The four (4) main classifications of prisoners are:

A. INSULAR PRISONER – ONE WHO IS SENTENCED TO A PRISON TERM OF THREE (3) YEARS AND ONE (1) DAY TO DEATH

B. PROVINCIAL PRISONER – ONE WHO IS SENTENCED TO A PRISON TERM OF SIX (6) MONTHS AND ONE (1) DAY TO THREE (3) YEARS.

C. CITY PRISONER - ONE WHO IS SENTENCED TO A PRISON TERM OF ONE (1) DAY TO THREE (3) YEARS.
D. MUNICIPAL PRISONER – ONE WHO IS SENTENCED TO A PRISON TERM OF ONE (1) DAY TO SIX (6) MONTHS.

Section 4. CLASSIFICATION OF DETAINEES - The Three (3) types of detainees are those:

A. UNDERGOING INVESTIGATION

B. AWAITING OR UNDERGOING TRIAL; AND,

C. AWAITING FINAL JUDGMENT

Section 5. INMATES SECURITY CLASSIFICATION - The following are the classification of inmates according to security risk

A. HIGH RISK INMATES

B. HIGH PROFILE INMATES

C. ORDINARY INMATES

Section 5. INMATES SECURITY CLASSIFICATION - The following are the classification of inmates according to security risk

A. HIGH RISK INMATES

B. HIGH PROFILE INMATES

C. ORDINARY INMATES

PART TWO
STUDY OF THE COMMUNITY BASED CORRECTION

COMMUNTY-BASED CORRECTIONS

- ARE ALTERNATIVES TO IMPRISONMENT SUCH AS:

PROBATION – (PD 968 of 1976)
PARDON AND PAROLE
(Act No. 4103 known as the Indeterminate Sentence Law of 1933)

PROBATION
WHAT IS PROBATION?
- By probation, a person convicted of a criminal offense is not sent to prison by the sentencing court. Instead, he/she is released and
placed under the supervision of a probation officer subject to the conditions which the court may impose.

Probation, in other words:

is a disposition under which an accused, after conviction and sentence, is released subject to conditions imposed by the court and to
the supervision of a probation officer.

Probation, also:
is a privilege granted by the court; it cannot be availed of as a matter of right by a person convicted of a crime.
To be able to enjoy the benefits of probation, it must first be shown that an applicant has no disqualifications imposed by law.

IS PROBATION A MATTER OF RIGHT?

No, it is a mere privilege for adult offenders. However, under R.A. 9344 or Juvenile Justice and Welfare Act of 2006, a Child In Conflict
with the Law (CICL) is granted the right to probation as an alternative to imprisonment if qualified under the Probation Law.

Probation was an OLD PRACTICE. It was the influence of the following:

BENEFIT OF THE CLERGY
In the 13th Century, a compromise between
the church and the king, wherein any member of the clergy brought to trial in the king's court shall be claimed from the jurisdiction by
the bishop or chaplain representing him and placed under the authority of the ecclesiastical court.

JUDICIAL REPRIEVE 17th century – the practice of temporary suspension of the execution of sentence by the judge either before or
after judgment.

Early in the 17th Century – with the establishment of settlements in America, English courts began to grant reprieves to prisoners under
sentence of death on condition that they accept deportation

RECOGNIZANCE
"binding over good behavior”
 The direct ancestor of probation - involves the obligation or promise under oath that the accused must "keep the peace" or "be of
good behavior"
 Sureties or bail were usually required
 Usually applied to any felony not capital
 This led to the development of the first British Probation Service.

TRANSPORTATION
-Sending or putting away of an offender to another colony. It was an attempt to substitute for brutal punishment at home and an
opportunity for rehabilitation in a new country.

DEVELOPMENT OF MODERN PROBATION

Matthew Davenport Hill (1792 - 1872) - English lawyer and penologist; known as Father of probation in England
John Augustus (1785-1859) Founder of American Probation - Boston, Massachusetts (a shoemaker) - his effort led to the 1st probation
legislation in the United States in 1878 – true Father of Probation. Hence, the true origin of modern probation was the US.

John Augustus influence

1887 - a law passed providing for the appointment of probation officer for the city of Boston. An ex-chief of police of Boston, Edward N.
Savage was named probation officer, thus becoming the first probation officer employed by the government.

PROBATION in the PHILIPPINES

August 7, 1935 - Republic Act No. 4221 – was passed to and became known as the Probation Act.
However, it was abolished after two yrs as it was declared unconstitutional by the Supreme Court in the case of People v. Vera, 37 O.G.
164. (as a case of Class legislation)

House Bill No. 393

was filed by Teudolo C. Natividad and Ramon Bagatsing. This was the second Bill/measure that attempts to established an adult
probation in the Philippines after its forerunner Act No. 4221 of 1935 was declared unconstitutional
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law by then President
Marcos.
PD 968 was approved only on July 24, 1976 and became operational on January 3, 1978. Sentenced offenders 18 years and above can
apply probation before serving sentence.

Features of PD 968
Application for Probation
The application for probation shall be filed by a sentenced or convicted offender whose sentence is not more than 6 years
imprisonment It shall be filed with the court that tried and sentenced the offender.
Will probation be automatically granted to one whose sentence is six (6) years or less?
No, the applicant may be denied by the court if the offender would be better rehabilitated if he/she is sent to prison to serve his/her
sentence.
 If there is undue risk that the offender will likely commit another crime;
 Probation will depreciate the seriousness of the offense committed.

Will probation be automatically granted to one whose sentence is six (6) years or less?
Under Sec. 70 of R.A. 9165, the Comprehensive Dangerous Drugs Act of 2002 -
The first-time minor offender who upon promulgation of the sentence, the court may, in its discretion, placed the accused under
probation, even if the sentence provided under Sec. 11 of the Act is higher than that provided under Probation Law.
....New added provision on probation!!

Petition for Probation

Is there a need to apply for probation to avail of its benefits?
Yes, it will not be granted except upon the application by the accused. “The trial court may, after it shall have convicted and sentenced
a defendant and upon application by said defendant within the period of perfecting an appeal” – Sec 4

However, under Section 42 of R.A. 9344, the Juvenile Justice and Welfare Act of 2006 -
The court may, after it shall have sentenced a Child In Conflict with the Law and upon application at
placed the child on probation in lieu of service of his sentence.
This is another added new provision in applying the probation law..

When can a petitioner file his application for probation?

The law says that the application should be made within the period for perfecting an appeal or within 15 days from the
promulgation of notice of judgment.

Is there a form prescribed for the application for probation?

Yes, it shall be in the form approved be the Secretary of justice as recommended by the Administrator or as may be prescribed
by the Supreme Court.

Where can we file the application for probation?

The application for probation be filed directly to the trial court that heard and sentenced the person applying for probation.

What then be the duty of the court after receipt of the application?
The trial court may notify the concerned prosecuting officer of the application at a reasonable time before the scheduled
hearing thereof.
What are the procedures in applying for Probation?
1. The offender or his counsel files a petition with the convicting court
2. The court determines convict qualifications and notifies the prosecutor of the filing of the petition
3. The prosecutor submits his comments on such application within 10 days from receipt of the notification
4. If petitioner is qualified, his application is referred to the probation officer for post-sentence investigation
5. The post-sentence investigation report (PSIR) is submitted by the probation officer to the court within 60 days
6. The court grants or denies the petition for probation within 15 days upon receipt of the PSIR.

What are the effects of filing an application for Probation?

1. The court may, upon receipt of the application suspend the execution of sentence imposed in the judgment;
2. Pending the submission of the PSIR and the resolution on the application, the applicant may be allowed on temporary liberty under
his bail, on a new bail, or released on recognizance.
3. No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of
conviction.

Situation:
Mr. Z convicted of a crime @ MTC and sentenced to an imprisonment of 6 years and 1 to 8 years. He then file an appeal to the RTC and
the RTC modified his sentence to 4 years and 1 day to 6 years.
In this situation. Can he apply probation? YES!

Republic Act No. 10707 AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE "PROBATION LAW OF
1976" AS AMENDED
"SEC. 4. Grant of Probation. - Subject to the provisions of this Decree, the trial court may, after it shall have convicted and
sentenced a defendant for a probationable penalty and upon application by said defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it
may deem best. No application for probation shall be entertained or granted if the defendant has perfected the appeal from the
judgment of conviction: Provided, That when a judgment of conviction imposing a non-probationable penalty is appealed or reviewed,
and such judgment is modified through the imposition of a probationable penalty, the defendant shall be allowed to apply for
probation based on the modified decision before such decision becomes final. The application for probation based on the modified
decision shall be filed in the trial court where the judgment of conviction imposing a non-probationable penalty was rendered, or in the
trial court where such case has since been re-raffled. In a case involving several defendants where some have taken further appeal, the
other defendants may apply for probation by submitting a written application and attaching thereto a certified true copy of the
judgment of
conviction.

Republic Act No. 10707 AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE “PROBATIONLAW OF 1976"
AS AMENDED
"Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. The filing of the application
shall be deemed a waiver of the right to appeal.
“An order granting or denying probation shall not be appealable.”

HOW MANY TIMES CAN ONE BE GRANTED PROBATION? ONLY ONCE!!

What are the Disqualifications for Probation application?

1. Those who were sentenced to more than 6 years
2. Those who were convicted of crimes against the security of the state (Art. 134 to 157 except 135, 140 and 152 of the RPC)
3. Those previously convicted and punished of not less than 1 month and 1 day imprisonment and/or fine of not less than 200 pesos
(include those punished with destierro)
4. Those who were previously granted probation under P.D. 968
5. Those who were already serving their sentence when probation became applicable

The Court will not grant Probation if it finds:

1. The offender can be treated better in a mental institution or other places for correction
2. The offender is a risk to the community
3. Probation will depreciate the seriousness of the offense committed.
When Probation is granted, what conditions are imposed by the court?
a. The probationer must present himself to his probation officer within 72 hours
b. Report to his probation officer at least once a month
c. Not to commit another crime
d. Comply with any other lawful conditions imposed by the court.

If the probationer committed a crime while under probation, what would be the consequences?
a. The probationer will be arrested for violation of the condition of probation
b. Prosecution of the new crime committed
c. The court will order the serving of the original sentence of the previous offense

How long is the period of probation?

a. Not more than 2 years if the sentence is imprisonment for 1 year or less
b. Not more than 6 years if the sentence is imprisonment for more than 1 year but not more than 6 years.
Note: Probation starts upon issuance of the court granting probation.

Can the offender be released pending application for probation?

a. On the same bond he filed during trial
b. On a new bond
c. To the custody of a responsible member of the community if unable to file bond (recognizance)

When can the Court Modify the Conditions for Probation?

 at any time during supervision
 after summary hearing when the probationer violated any of its conditions
 upon application by the probation officer or the probationer himself
Note: only the judge who heard and decided the case has the power to grant, deny, modify, revoke and terminate probation,

What are the Rules on Outside Travels?

 Probation officer authorized the probationer totravel outside the area of the operation for a period of 10 days but not exceeding
30 days.
 If 30 days, Probation must file 5 days before travel a request to travel outside for the approval of Probation authorities.
 If more than 30 days, Probation Authorities shall recommend for Court Approval.

What are the Rules on Change of Residence?

 The probationer must file a request for change of residence at the city or provincial Parole and Probation officer to the court
approval.
 If approved, the RTC which has jurisdiction over the place shall have full control of the probationer.

Who is a volunteer Probation Aide?

He/she is a civilian of good repute and integrity, at least 18 years of age, appointed by the Probation Administration to assists
the POs in the investigation and supervision. A VPA is not entitled to salary but is given a reasonable travel allowance.

When is Probation terminated?

after the probationer has satisfactorily completed the probation period, the Probation Officer shall submit termination report to
the court containing the ff:
a. condition of probation
b. program of supervision /response to treatment
c. Recommendation

What are the ways of terminating probation?

1. After period of probation with satisfactory compliance with conditions of probation.
2. Other ways of terminating probation
2a. termination before the expiration of the period (served at least 1/3 of the imposed period but not less than 6 months)
2b. termination by pardon of the probationer
2c. Deportation of the probationer – when an alien on probation is deported, probation will necessary be terminated.
2d. Death of probationer.

What are the rights restored after termination of Probation?

 All civil rights suspended when the offended was convicted and sentenced are restored after the termination of probation
 Liability to pay a fine is also discharged in case of subsidiary imprisonment.

How Can Probation help in the Prevention of Crime?

 when in the community, he is helped and given opportunities to be productive and responsible instead of going to prison
 hopefully, these situations restrain the probationer from committing crime
How can Community help in the Success of Probation?
1. Community accepting the probationers, giving them a feeling of belongingness
2. Community agencies and schools are being open for the training and treatment of probationers
3. Community leaders and layman allowing the participation of probationers in developmental programs
4. Religious organizations giving the probationers spiritual advice and extending their social action programs to probationers
5. Various organizations providing temporary housing for probationers
6. The community playing an equally important role after the termination of probation, it should be ready for the reintegration of the
individual into community life

BOARD QUESTION
3. What are emphasized under the community based model of correctional institutions?
A. Reintegration into society
B. Security, discipline and order
C. Rehabilitation and correction
D. Physical and mental upliftment
Answer C.

THE PAROLE SYSTEM

HISTORICAL ACCOUNTS
 The first parole law was passed in Massachusetts in 1837. At about same time, Alexander Maconochie introduced a system
whereby a prisoner was given a “ ticket of leave “ ( the equivalent of parole ) after earning a certain required number of marks –
known as the MARK SYSTEM. From this, Maconochie gained the fame as

 Parole was also a feature of the Irish Prison system which was established in 1856 based on an indeterminate sentence &the mark
system (Walter Crofton)
 The Elmira Reformatory, likewise, had a limited form of indeterminate sentence and a method of marks similar to the Irish system,
and parole based on marks (Zebulon Brockway)

Parole System in the Philippines

LEGAL BASIS
Act No. 4103, as amended, otherwise known as the "Indeterminate Sentence Law” which was approved on December 5, 1933.
This law created the Board of Pardons and Parole!

WHAT IS PAROLE?
It is the release of a prisoner from prison after serving the minimum period of his indeterminate sentence.

What is the difference between determinate sentence with an indeterminate sentence?

Under determinate sentencing, the criminal must serve the entire sentence. The date of release remains objective.
Under , a criminal will serve a range of years as determined by the judge. The minimum time period is usually set and after the
minimum sentence passes , the case will go before a parole board which sets the actual date of release.

WHO CANNOT BE GRANTED PAROLE?

Generally, those sentenced to a term of imprisonment of one (1) year or less, or to a straight penalty, or to a prison sentence
without a minimum term of imprisonment.

WHEN MAY A PRISONER BE GRANTED PAROLE?

Whenever the BPP finds that there is a reasonable probability that, if released, the prisoner will be law-abiding and that his
release will not be incompatible with the interest and welfare of society and when a prisoner has already served the minimum
penalty of his/her indeterminate sentence of imprisonment.

WHO MAY GRANT PAROLE TO A PRISONER?

The Board of Pardons and Parole, an agency under the Department of Justice.

WHO MAY BE QUALIFIED FOR PAROLE?

A prisoner shall be eligible for the grant of parole upon showing that
1. He is confined in a jail or prison to serve an indeterminate prison sentence, the maximum period of which exceeds one year,
pursuant to a final judgment of conviction
2. He has served the minimum period of said sentence less the Good Conduct Time Allowances (GCTA) earned.
3. There is a reasonable probability that if released, he will be law abiding
4. His release will not be incompatible with the interests and welfare of society.

What are the disqualifications for the Grant of Parole?

1. Those convicted of an offense punished with Death Penalty, Reclusion Perpetua or Life imprisonment;
2. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
3. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date of release from prison or last
conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa and falsification, are found guilty of any of said
crimes a third time or oftener;
6. Those who escaped from confinement or evaded sentence;
7. Those who were granted Conditional Pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) yr or those with definite sentence;
9. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case/s.

What is Parole Supervision?

A supervision made after release of a client from confinement, placed under the supervision of a Parole Officer. The period of parole
supervision shall extend up to the expiration of the maximum sentence.

What is the Difference of Probation from Imprisonment and Parole?

 Probation is an alternative to imprisonment. Instead of being confined in prison, the probationer is released to the community by
the court with conditions to follow and is placed under the supervision of PO.
 Parole is a conditional release of a prisoner whereby he is placed under the supervision of a Parole officer after serving his
minimum sentence.
 Probation is a community-based approach to reformation of offenders, while imprisonment adopts the institutionalized approach.
 Probation is judicial function while Parole is an administrative function.
 Probation is handled by the Probation Administration while parole is administered by the Parole Board
 Probation is enjoyed only once while Parole may be granted more than once, depending on good behavior during imprisonment.
 Probation is more beneficent because it restores full civil rights to the probationer upon termination unlike parole.

WHAT COMPOSED OF THE BOARDS OF PARDON AND PAROLE?

Chairman - Secretary of the DOJ
Ex-Officio - Probation Administrator of the Parole and Probation Administration
Members: Sociologist, Clergyman/Educator, Psychiatrist, Person qualified for the work by training/experience and a member of the
Philippine BAR.

THE EXECUTIVE CLEMENCIES

Pardon
An act of executive clemency by a head of state for the purpose of exempting an individual from the punishment imposes upon him by
a court of law.
It is an act of grace and the recipient is not entitled to it as a matter of right.

Kinds of Pardon
 Absolute Pardon
It is an absolute pardon when it is granted by the Chief Executive without any conditions attached. Absolute pardon serves to wipe
away the guilt of a pardonee and makes him innocent as if he has not committed any crime.

 Conditional Pardon
It is conditional when it is granted by the Chief Executive subject to the conditions imposed on the recipient and accepted by him.
Usually, the person granted with conditional pardon has served a portion (at least 12 of the minimum of his indeterminate sentence) of
his sentence in prison

Limitations of the Pardoning Power of the President

It may not be exercised for offenses in impeachment cases;
It may be exercised only after conviction by final judgment;
It may not be exercised over civil contempt (as for refusing to answer a proper question as a witness in a case);
In case of violation of election law or rules and regulations, no pardon, parole, or suspension of sentence maybe granted; It cannot be
exercised to violation of tax laws.

OTHER FORMS OF EXECUTIVE CLEMENCY

 Amnesty
Is a general pardon extended to a group of persons generally exercised by the Chief Executive with the concurrence of congress. It is an
act of sovereign power granting oblivion or general pardon for past offense and rarely, if ever, exercised in favor of single individual is
usually exerted in behalf of certain classes of person who are subjected to trial but not have been convicted.
Note: Amnesty can be availed of before, during and after the trial of the case, even after conviction.

As to the Consent of Congress

Pardon is granted by the Chief Executive and such is private act, which must plead and proved by the person pardoned because the
court takes no choice thereof. While amnesty is by proclamation with concurrence of congress, and it is a public act, which the court
should take judicial notice.

As to the Effect
Pardon is an act of forgiveness, i.e. it relieves the offender from the consequences of the offense,
while amnesty is an act of forgetfulness. i.e. it
puts into nothingness the offense of which one is charged so that the person as if he had never committed the offense.

As to the Crime committed

Pardon is granted for infractions of the peace of the State while amnesty, for crimes against sovereignty of the state (ex. political
offense)
What specific cases commutation maybe granted?
1. When the convict sentenced to death is over 70 years of age;
2. When justices of the Supreme Court failed to reach a decision for the affirmation of the death penalty;

In other cases, the degree of the penalty is reduced from Death to Reclusion Perpetua.
In Commutation of Sentence, consent of the offender is not necessary. The public welfare,

WHAT IS REPRIEVE?
 REPRIEVE
is the temporary stay of the execution of sentence (applicable only to death sentence).

WHAT IS GCTA?
It is a privilege granted to a prisoner that shall entitle him to a deduction of his term of imprisonment. Under Art.97, RPC.

Special Time Allowance for Loyalty (Art. 158, RPC) as amended

A deduction of 1/5 of the period of the sentence of any prisoner who evaded the service of sentence on the occasion of disorders due
to conflagrations, earthquakes, or other calamities shall be granted if he returns to authorities within 48 hours after the president
declared that the calamity is over. 2/5 for those who stay in the prison.
Once granted shall not be revoked!!

OTHER VIPS TO REMEMBER

 PD. 1257 – participation of the prosecutor in the determination of the application for probation
 PD 76 – the period of punishment which is probationable is extended from 6 years and 1 day.
 PD 1990 – the period of punishment which is probationable is lowered again from 6 years and 1 day to 6 years or less
 E.0.292 - renamed the Probation Administration into Parole & Probation Administration
 Probationer - a person placed on probation
 Absconding probationer – a person whose probation was granted but failed to report for supervision or fails to continue reporting
for supervision or whose whereabouts are unknown for a reasonable period of time.
 Probation officer - one who investigates for the court a referral for probation or one who supervises a probationer or both.
 Petitioner - an accused or defendant who files a formal petition for probation
 Absconding petitioner - a convicted defendant whose application for probation has been given due course by the court but fails to
report to the probation office or cannot be located within a reasonable period of time.
 Parole - refer to the conditional release of an offender from a penal institution after he has served the minimum period of his
prison sentence. Parolee - refer to a person who is released on parole
 Pardonee – refer to a person who is released on conditional pardon
 Client - refer to a pardonee/parolee who is place on supervision
Therapeutic Modalities
THE THERAPEUTIC COMMUNITY (TC)
 IS AN ENVIRONMENT THAT HELPS PEOPLE GET HELP WHILE HELPING OTHERS.
 IT IS A TREATMENT ENVIRONMENT: THE INTERACTIONS OF ITS MEMBERS ARE DESIGNED TO BE THERAPEUTIC WITHIN THE
CONTEXT OF THE NORMS THAT REQUIRE FOR EACH TO PLAY THE DUAL ROLE OF CLIENTTHERAPIST. AT A GIVEN MOMENT, ONE
MAY BE IN A CLIENT ROLE WHEN RECEIVING HELP OR SUPPORT FROM OTHERS BECAUSE OF A PROBLEM BEHAVIOR OR WHEN
EXPERIENCING DISTRESS. AT ANOTHER TIME, THE SAME PERSON ASSUMES A THERAPIST ROLE WHEN ASSISTING OR SUPPORTING
ANOTHER PERSON IN TROUBLE.

WHAT ARE THE SALIENT FEATURES OF TC?

1. THE PRIMARY “THERAPIST” AND TEACHER IS THE COMMUNITY ITSELF, CONSISTING OF PEERS AND STAFF, WHO, AS ROLE MODELS
OF SUCCESSFUL PERSONAL CHANGE, SERVE AS GUIDES IN THE RECOVERY PROCESS.
2. TC ADHERES TO PRECEPTS OF RIGHT LIVING: TRUTH/HONESTY; HERE AND NOW; PERSONAL RESPONSIBILITY FOR DESTINY; SOCIAL
RESPONSIBILITY (BROTHER'S KEEPER); MORAL CODE; INNER PERSON IS "GOOD” BUT BEHAVIOR CAN BE “BAD”; CHANGE IS THE ONLY
CERTAINTY; WORK ETHICS; SELF-RELIANCE; PSYCHOLOGICAL CONVERGES WITH PHILOSOPHICAL (E.G. GUILT KILLS)
3. IT BELIEVES THAT TC IS A PLACE WHERE: ONE CAN CHANGE - UNFOLD; THE GROUP CAN FOSTER CHANGE; INDIVIDUALS MUST TAKE
RESPONSIBILITY; STRUCTURES MUST ACOMMODATE THIS; ACT AS IF – GO THROUGH THE MOTION.

THERE ARE 5 DISTINCT CATEGORIES OF ACTIVITY THAT HELP PROMOTE THE CHANGE:
 RELATIONAL/BEHAVIOR MANAGEMENT
 AFFECTIVE/EMOTIONAL/PSYCHOLOGICAL
 COGNITIVE/INTELLECTUAL
 SPIRITUAL
 PSYCHOMOTOR/VOCATIONAL-SURVIVAL SKILLS

 THERAPEUTIC COMMUNITY IS A TOOL TO PREPARE THE CLIENT FOR REINTEGRATION TO THE COMMUNITY AS A REFORMED,
REHABILITATED, PRODUCTIVE, DRUG-FREE AND LAW ABIDING PERSON

DIFFERENT THERAPEUTIC/ TREATMENT MODELS

1. INDIVIDUAL AND GROUP COUNSELING- THIS ACTIVITY INTENDS TO ASSIST THE CLIENTS IN TRYING TO SORT OUT THEIR PROBLEMS,
IDENTIFY SOLUTIONS, RECONCILE CONFLICTS AND HELP RESOLVE THEM. THIS COULD BE DONE EITHER BY INDIVIDUAL OR GROUP
INTERACTION WITH THE OFFICERS OF THE AGENCY

2. MORAL, SPIRITUAL, VALUES FORMATIONSEMINARS, LECTURES OR TRAININGS OFFERED OR ARRANGED BY THE AGENCY COMPRISE
THESE REHABILITATION ACTIVITIES. ACTIVE NGOS, SCHOOLS, CIVIC AND RELIGIOUS ORGANIZATIONS ARE TAPPED TO FACILITATE THE
ACTIVITIES.

3. WORK OR JOB PLACEMENT/REFERRALCATEGORIZED AS AN INFORMAL PROGRAM WHEREIN A CLIENT IS REFERRED FOR WORK OR
JOB PLACEMENT THROUGH THE OFFICER'S OWN PERSONAL EFFORT, CONTACT OR INFORMATION.

4. VOCATIONAL/LIVELIHOOD AND SKILLS TRAINING- THE PROGRAM INCLUDES THE SETTING UP OF SEMINARS AND SKILLS TRAINING
CLASSES LIKE FOOD PRESERVATION AND PROCESSING, CANDLE MAKING, NOVELTY ITEMS AND HANDICRAFTS MAKING, ETC., TO HELP
THE CLIENTS EARN EXTRA INCOME. LIKEWISE, VOCATIONAL AND TECHNICAL TRADE CLASSES ARE AVAILED OF SUCH AS
REFRIGERATION, AUTOMOTIVE MECHANIC, RADIO/TELEVISION AND ELECTRONICS REPAIRS, TAILORING, DRESSMAKING, BASIC
COMPUTER TRAINING, ETC. THROUGH COORDINATION WITH LOCAL BARANGAYS, PARISH CENTERS, SCHOOLS AND CIVIC
ORGANIZATIONS.

5. HEALTH, MENTAL AND MEDICAL SERVICES -TO ADDRESS SOME OF THE BASIC NEEDS OF CLIENTS AND THEIR FAMILIES, MEDICAL
MISSIONS ARE ORGANIZED TO PROVIDE VARIOUS FORMS OF MEDICAL AND HEALTH SERVICES INCLUDING PHYSICAL EXAMINATION
AND TREATMENT, FREE MEDICINES AND VITAMINS, DENTAL EXAMINATION AND TREATMENT, DRUG DEPENDENCY TEST AND
LABORATORY EXAMINATION.
 PSYCHOLOGICAL TESTING AND EVALUATION AS WELL AS PSYCHIATRIC TREATMENT ARE LIKEWISE PROVIDED FOR BY THE
 AGENCY'S CLINICAL SERVICES DIVISION AND IF NOT POSSIBLE BY REASON OF · DISTANCE, REFERRALS ARE MADE TO OTHER
GOVERNMENT ACCREDITED INSTITUTIONS

6. LITERACY AND EDUCATION - IN COORDINATION WITH LGU PROGRAMS, ADULT EDUCATION CLASSES ARE AVAILED OF TO HELP
CLIENTS LEARN BASIC WRITING, READING AND ARITHMETIC. LIKEWISE, LITERACY TEACH-INS DURING ANY SESSIONS CONDUCTED FOR
CLIENTS BECOME PART OF THE MODULE. THIS IS PARTICULARLY INTENDED FOR CLIENTS WHO ARE "NO READ, NO WRITE" TO HELP
THEM BECOME FUNCTIONALLY LITERATE.
LIKEWISE, LINKAGES WITH EDUCATIONAL FOUNDATION, OTHER GOS AND NGOS ARE REGULARLY DONE FOR FREE SCHOOL SUPPLIES,
BAGS AND UNIFORM FOR CLIENT'S CHILDREN AND RELATIVES.

7.COMMUNITY SERVICE - THIS PROGRAM REFERS TO THE SERVICES IN THE COMMUNITY RENDERED BY CLIENTS FOR THE BENEFIT OF
SOCIETY. IT INCLUDES TREE PLANTING, BEAUTIFICATION DRIVES, CLEANING AND GREENING OF SURROUNDINGS, MAINTENANCE OF
PUBLIC PARKS AND PLACES, GARBAGE COLLECTION, BLOOD DONATION AND SIMILAR SOCIO-CIVIC ACTIVITIES.

8. CLIENT SELF-HELP ORGANIZATION- THIS PROGRAM TAKES THE FORM OF COOPERATIVES AND CLIENT ASSOCIATIONS WHEREIN THE
CLIENTS FORM COOPERATIVES AND ASSOCIATIONS AS AN ECONOMIC GROUP TO VENTURE ON SMALL-SCALE PROJECTS. SIMILARLY,
CLIENT ASSOCIATIONS SERVE ANOTHER PURPOSE BY PROVIDING SOME STRUCTURE TO THE LIVES OF CLIENTS WHERE THEY RE-LEARN
THE BASICS OF WORKING WITHIN A GROUP WITH HIERARCHY, AUTHORITY AND RESPONSIBILITY MUCH LIKE IN THE BIGGER SOCIETY.

9. PAYMENT OF CIVIL LIABILITY - THE PAYMENT OF CIVIL LIABILITY OR INDEMNIFICATION TO VICTIMS OF OFFENDERS ARE PURSUED
DESPITE THE ECONOMIC STATUS OF CLIENTS. PAYMENT OF OBLIGATIONS TO THE VICTIMS INSTILLS IN THE MINDS OF THE CLIENTS
THEIR RESPONSIBILITY AND THE CONSEQUENCES OF THE HARM THEY INFLICTED TO OTHERS.

10. ENVIRONMENT AND ECOLOGY - TO INSTILL AWARENESS AND CONCERN IN PRESERVING ECOLOGICAL BALANCE AND
ENVIRONMENTAL HEALTH, SEMINARS/LECTURES ARE CONDUCTED WHEREIN CLIENTS PARTICIPATE. THESE SEMINARS LECTURES
TACKLE ANTI-SMOKE BELCHING CAMPAIGN, ORGANIC FARMING, WASTE MANAGEMENT, SEGREGATION AND DISPOSAL AND PROPER
CARE OF THE ENVIRONMENT.

11. SPORTS AND PHYSICAL FITNESS - ACTIVITIES THAT PROVIDE PHYSICAL EXERTION LIKE SPORTS, GAMES AND GROUP PLAY ARE
CONDUCTED TO ENHANCE THE PHYSICAL WELL-BEING OF CLIENTS. FRIENDLY COMPETITION OF CLIENTS FROM THE VARIOUS OFFICES
OF THE SECTORS, TOGETHER WITH THE OFFICERS, PROVIDE AN ENJOYABLE AND HEALTHFUL RESPITE.

• THE SUCCESS OF THE THERAPEUTIC COMMUNITY TREATMENT MODEL IS ALSO ANCHORED ON THE IMPLEMENTATION OF
RESTORATIVE JUSTICE. TO HIGHLIGHT THE PRINCIPLES OF RESTORATIVE JUSTICE, OFFENDERS ARE RECOGNIZED TO INDEMNIFY
VICTIMS AND RENDER COMMUNITY SERVICES TO FACILITATE THE HEALING OF THE BROKEN RELATIONSHIP CAUSED BY OFFENDING
THE CONCERNED PARTIES. MEDIATION AND CONFERENCING ARE ALSO UTILIZED IN SPECIAL CASES TO MEND AND/OR RESTORE
CLIENTS' RELATIONSHIP WITH THEIR VICTIM AND THE COMMUNITY.

•BEHAVIOR MODIFICATION - IS A THERAPEUTIC APPROACH DESIGNED TO CHANGE A PARTICULAR UNDESIRABLE NEGATIVE BEHAVIOR.

BY USING A SYSTEM OF POSITIVE OR NEGATIVE CONSEQUENCES, AN INDIVIDUAL LEARNS THE CORRECT SET OF RESPONSES FOR ANY
GIVEN STIMULUS. THE PRACTICE HAS SEVERAL OFFSHOOTS THAT ATTEMPT TO ALTER BEHAVIOR THROUGH DIFFERENT ACTIONS AND
HAS DEVELOPED THROUGHOUT THE YEARS. BEHAVIOR MODIFICATION HAS BEEN FOUND TO BE SUCCESSFUL IN TREATING DISORDERS
LIKE ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD), OBSESSIVE-COMPULSIVE DISORDER (OCD), PHOBIAS, SEPARATION
ANXIETY, GENERALIZED ANXIETY DISORDER (GAD), DISRUPTIVE BEHAVIOR AND AUTISM, AMONG OTHER CONDITIONS.

BEHAVIORALMANAGEMENT
 THIS ISN'T QUITE THE PAVLOVIAN DOG SALIVATION SCHEME YOU MAY BE FAMILIAR WITH. THAT'S CLASSICAL CONDITIONING,
 THE WAY OPERANT CONDITIONING AND THUS BEHAVIOR MODIFICATION IN THIS SENSE DIFFERS IS IN THE NATURE OF THE
RESPONSES.
 UNLIKE PAVLOVIAN CONDITIONING, WHICH GENERALLY DEALS WITH ELICITED OR REFLEXIVE RESPONSES, SKINNER'S THEORY
WORKS WITH VOLUNTARY RESPONSES. BEHAVIOR MODIFICATION IS COMMONLY USED IN SCHOOLS AND AT HOME, AS WELL AS
IN REHABILITATION SETTINGS.

BASIC TERMS USED IN BEHAVIOR MODIFICATION,

 ANTECEDENT. AN ANTECEDENT COMES PRIOR TO THE (UN)DESIRED BEHAVIOR. IT IS CHANGEABLE AND CAN CONSEQUENTLY BE
ALTERED OR REMOVED IN ORDER TO AFFECT THE BEHAVIOR.
 CONSEQUENCE. CONSEQUENCES USUALLY INDICATE SOMETHING BAD, BUT IN THIS CONTEXT CONSEQUENCES CAN BE GOOD OR
BAD. THESE OCCUR AFTER THE BEHAVIOR OCCURS AND CAN CHANGE AS WELL. THESE ARE ALSO REFERRED TO AS REINFORCERS
(TO STRENGTHEN BEHAVIOR) OR PUNISHMENTS (TO WEAKEN BEHAVIOR).
 POSITIVE REINFORCEMENT - IS GIVEN WHEN A DESIRED BEHAVIOR OCCURS AND STRENGTHENS THAT BEHAVIOR. FOR EXAMPLE,
IF BOBBY EATS ALL HIS CARROTS, HE WILL THEN GET DESSERT.
 NEGATIVE REINFORCEMENT - OCCURS WHEN AN UNPLEASANT STIMULI IS REMOVED FOR THE DESIRED BEHAVIOR AND
STRENGTHENS BEHAVIOR.
 RESPONSE COST - IS LIKE A PUNISHMENT BECAUSE A POSITIVE STIMULUS IS REMOVED. A RESPONSE COST IS DESIGNED TO
WEAKEN UNDESIRABLE BEHAVIOR. (SHARE A TOY)
 PUNISHMENT - OCCURS WHEN A NEGATIVE STIMULUS IS ADDED TO WEAKEN BEHAVIOR.
 EXTINCTION- HAPPENS WHEN THERE IS NO REINFORCEMENT FOR BEHAVIOR, THUS WEAKENING THE RESPONSE.

EDUCATIONAL PSYCHOLOGY INTERACTIVE:

 MODELING. THIS APPROACH ENTAILS TEACHING AN INDIVIDUAL TO EMULATE A CERTAIN BEHAVIOR.
 CUEING. CUEING IS REMINDING A PERSON TO PERFORM A CERTAIN ACTION AT A GIVEN TIME.
 DISCRIMINATION. DISCRIMINATION TEACHES A PERSON TO BEHAVE IN A CERTAIN WAY FOR A PARTICULAR SET OF STIMULI, BUT
NOT FOR ANOTHER. THE REWARD, OR REINFORCEMENT, OCCURS ONLY AFTER THE APPROPRIATE RESPONSE HAS BEEN GIVEN.
 SUBSTITUTION. WHEN A CURRENT REINFORCER NO LONGER PROMPTS THE DESIRED BEHAVIOR, A SUBSTITUTION MAY OCCUR IN
WHICH A NEW REINFORCER IS PRESENTED.
 SATIATION. CONSIDER THIS AKIN TO LETTING A BABY CRY AT NIGHT FOR A LITTLE WHILE UNTIL HE GOES TO SLEEP. SATIATION
MEANS LETTING A PERSON TIRE OF PERFORMING AN UNDESIRED BEHAVIOR. IN THE CASE OF ADDICTION, THIS GENERALLY DOES
NOT WORK AS THE UNDESIRED ACTION WOULD BE THE ADMINISTRATION OF THE DRUG OR ALCOHOL.
 AVOIDANCE. AVOIDANCE MEANS TEACHING A PERSON TO AVOID AN UNPLEASANT SITUATION.
 FEAR REDUCTION. FEAR REDUCTION TECHNIQUES CAN BE VERY HELPFUL MANAGING PHOBIAS. IT WORKS IN SUCH THAT A
PERSON IS INCREMENTALLY EXPOSED TO A STIMULUS THAT MAY INDUCE FEAR AT FIRST. EVENTUALLY, THE IDEA IS THAT THE
INDIVIDUAL WILL GROW COMFORTABLE OR MORE RELAXED IN THE PRESENCE OF THE ONCE-FEARED STIMULUS.

PSYCHOLOGICAL AND EMOTIONAL TREATMENT

 INDIVIDUAL AND GROUP PSYCHOTHERAPY.
 PSYCHOLOGICAL THERAPIES PROVIDED IN JAILS, PRISONS, OR FORENSIC HOSPITALS MAY INCLUDE COGNITIVE BEHAVIORAL
THERAPY.CBT AIMS TO BUILD COGNITIVE SKILLS AND REPLACE DISTORTED COGNITIONS (SELFJUSTIFICATORY THINKING,
DISPLACEMENT OF BLAME, SCHEMAS OF DOMINANCE AND ENTITLEMENT) WITH NONCRIMINAL THOUGHT PATTERNS. DBT WAS
ORIGINALLY DESIGNED TO TREAT CHRONICALLY PARASUICIDAL WOMEN WITH BORDERLINE PERSONALITY DISORDER, BUT HAS
BEEN ADAPTED TO OTHER POPULATIONS, INCLUDING OFFENDERS WITH SEVERE MENTAL ILLNESS. DBT COMBINES TRADITIONAL
AND THE BASIC STRATEGIES OF CBT WITH EASTERN MINDFULNESS PRACTICES.
 PSYCHOPHARMACOLOGIC THERAPIES. IF A CORRECTIONAL FACILITY HOUSES INMATES WITH SMI, ANTIPSYCHOTIC,
ANTIDEPRESSANT, AND MOOD-STABILIZING MEDICATIONS MUST BE INCLUDED IN THE MEDICATION FORMULARY. FURTHER, "ALL
CORRECTIONAL FORMULARY POLICIES MUST INCLUDE A MECHANISM TO ACCESS NON-FORMULARY MEDICATIONS ON A CASE-BY-
CASE BASIS TO ENSURE ACCESS TO APPROPRIATE TREATMENT FOR SERIOUS MENTAL ILLNESS.”
 SPECIALIZED HOUSING. INCLUDES SELF-CONTAINED MENTAL HEALTH UNITS FOR THE CARE OF INMATES WITH SMI WHO ARE
UNABLE TO FUNCTION IN THE GENERAL POPULATION. SPECIALIZED HOUSING OPTIONS MAY VARY FROM FACILITY TO FACILITY
(E.G., JAIL TO PRISON OR PRISON TO PRISON), BUT INCLUDE INPATIENT CARE, SHORT-TERM CRISIS BEDS, AND LONG-TERM
RESIDENTIAL UNITS.