Lesson Proper for Week 1 (CA2)

COMMUNITY-BASED CORRECTION AND ITS BACKGROUND

Introduction to Community-based Correction
At present, correction as a pillar of our justice system is in front of so many problems and controversies. Among
of its palpable problems are overcrowded jails and prison facilities. Despite of public clamor, the government
cannot afford to lock-up all convicted individuals. Society has all the reasons to condemn convicts but in so doing,
they are just pushed for the continuance of their unlawful activities. Study shows that many convicted persons
who have been incarcerated in jails or prisons, when they return to community are mostly reengage to the same
kind of offense or to some other type of anti-social activities which if not with the same degree with the first
offense, is more serious. It is also an accepted fact that putting all convicted individuals in jail or prison facilities
will definitely prejudicial to the government considering that they consume so much of government funds and
resources. These are the common reasons for the promotion of community-based correction approach in lieu of
institutional correction.
Community-based corrections are non-institutional based corrections which are being considered as the best
alternative for imprisonment. It is a non-incarcerate system of correction. It is described as a method of
rehabilitating convicted felons without a need of placing them into jail or prison facilities. It is likewise refers to
any sanctions in which convicts serve all or a portion of their entire sentence in the community. Community based
correction is a program which deal with supervised rehabilitation of convicts within the community.
The idea behind non-institutional correction programs is that, most convicts can be effectively held accountable
for their crimes at the same time that they can fulfill legitimate living standards in the community. Most convicts
do not pose an imminent danger to themselves or to others and can therefore remain in the community to maintain
relationships. Rehabilitating convicts within the community confers several benefits such as:
1. The convict will remains in the community in which he or she has responsibilities.
He can continuously engage to his legitimate sources of livelihood to support himself and his family and the
government can collect taxes from him;
2. Convicts under community-based correction are more capable to compensate their victims through
restitution or to pay-back the community through community service, and
3. Community-based corrections programs do not expose convicts to the subculture of violence existing in
jails and prisons.

There is now a principle in Non-institutional Correction that works for the reintegration of convicted individuals
to society which is known as restorative justice. What Restorative Justice advocating is the alteration of the
behavior of convicts through the use of holistic but non-incarcerate methods of rehabilitation, Braithwaite (1900-
1990). It is like helping the convicts to enter the society in a way where they can be accepted by the sciety. This
system has its impact on the society in general as well, as it helps the society understand and accept the fact that
convicts are also a part of the society. (EzineArticles.com)
Community-Based Correction Programs

1, Probation - Is a disposition, under which a defendant after conviction and sentence, is released subject to the
conditions imposed by the Court and to the supervision of a probation officer.

2. Parole- A conditional release from prison of a convicted person upon service of the minimum of his
indeterminate penalty.

3. Pardon- A form of executive clemency which is exercise exclusively by the Chief Executive. Pardon may be
given conditionally (conditional pardon) or unconditionally (absolute pardon). For the purpose of Non-
Institutional Correction. it is the Conditional Pardon with parole conditions is under consideration.

Other Community-Based Correction Programs

In other jurisdictions, parole, probation and conditional pardon have always been a way of community correction,
but with technological advancement and considering the psychology of convicted people, correction programs
have widened to accommodate the following:
1. Work releases;
2. Day fine programs;
3. Electronic monitoring,
4. Home confinement;
5. Community service;
6. Half way houses;
7. Boot camp prisons;
8. Restitution;
9. Check-in programs;
10. Mediation;
11. Curfews;
12. Restorative justice centers;
13. Drug checks;
14. Alcohol checks; and
15. Other methods where there is a certain level of trust between the offenders and the
16. People involved. (EzineArticles.com)
B. Entities of the Government task for providing Community-Based Correction

1. Parole and Probation Administration (PPA)

Conduct investigations of all cases in relation to parole, probation and pardon Responsible for the supervision of
all parolees, probationers and conditional pardon grantees
2. Board of Pardon and Parole (BPP)

Authority in granting parole Responsible for recommending the grant of pardon and executive clemency to the
president
3. Department of Social Welfare and Development (DSWD)
Handling cases of Child in Conflict with the Law (CICL)
C. Benefits of Community-based Corrections
1. Strengthening family ties through avoidance of broken family relationships- The Treatment and
rehabilitation of convicted offender is done outside the institutional Facilities hence, family members will not
suffer broken family due to imprisonment of one of its member;
2. Prevention of Influence Contamination -Putting convicted felon to prison may expose him to hardened
criminals who might influence him to be a more hardened criminal than before;
3. Engagement of Community Involvement - Rehabilitation can be more effective with the help of the
members of the community;
4. Assurance of Individualized Treatment Approach - These programs provide individualize treatment
program for the convicts which is if not available, it is hard to attain in correctional institution;
5. It is more economical than institution-based correction on the part of the
Government.

D. Purposes
1. Facilitating Convicts Reintegration;
2. Fostering Convicts Rehabilitation;
3. Providing an Alternative Range of Convicts Punishment
4. Heightening Convicts Accountability
E. Functions
1. Client monitoring and supervision to ensure program compliance
2. Ensuring public safety
3. Employment assistance
4. Individual and group counseling
5. Educational training and literacy services
6. Networking with other community agencies and business
7. Reducing jail and prison overcrowding
Lesson Proper for Week 2 (Ca2)
COMMUNITY-BASED CORRECTION AS SOLUTION TO INMATES CONGESTION IN JAILS AND
PRISONS

Congestion status of bureau of correction: As of june 2017

Current Issues and Concerns on Community-based Correction

1. Public resistance against non-institutional correction
2. Punishment against rehabilitation and reintegration
3. Convicted individual needs safety as well as the public
4. Availability of Rehabilitation Services
5. Education and training for rehabilitation service providers
6. Coping with special needs of the convicts

Evaluating the effectiveness of Community based Correctional Programs

Community-based corrections as alternatives to prison claim to be more effective in reducing recidivism than
traditional prisons, to be cheaper than prisons, and to reduce overcrowding in prisons and jails. A study used a
case study approach of a community based program was conducted by Nancy Marion in the Midwest United
States to determine if those community corrections alternatives achieve those results.
The findings from this case study show that the recidivism rates of community corrections are lower than those
of the prison inmates only in some cases and that the costs are cheaper only in some cases. It also shows that
community corrections serve as a true alternative to prison in some instances but more often only widens the net
and increases the state's control over criminal offenders. (Source: Effectiveness of Community based Correctional
Programs: A Case Study, 2012 Journal Citation Reports, Thomson Reuters, 2013)

Four Ways to Reduce Prison Congestion

1. Review and Reform All Processes
One of the first steps is to determine who is in prison and how their needs can be met. Higher incarceration rates
of adult males skew data to promote resources in their favor, but the lower percentages of women and children
have needs that are unmet and unacknowledged. One major concern is the holding of minors. Nearly 5,000 youth
are held in adult facilities according to Prison Policy.org—should law enforcement detain a parent as well? Can
they serve their sentence outside of a custodial institution? Data can be used to decide how best to care for
prisoners overall based on effective—and cost-effective—bases to create more humane environments.
There are factors at each step in the process of incarceration that can be reformed to reduce the number of unjust
sentences for those that commit minor offenses and those based on socially-biased convictions. Settling minor
offenses outside of criminal court with informal or restorative justice solutions prevents the system getting bogged
down unnecessarily, while investments in social policy can ensure that those facing criminal court also have better
access to legal aid before their trials.
The hope is to limit the number of people in prisons to those whose crimes deserve that kind of punishment. Too
often, prisons are crowded with those being held before trial without the ability to bail themselves out, those with
non-violent or non-serious crimes, and those that could better serve their sentence elsewhere. Frequently, those
kinds of prisoners are better off with non-custodial sentences or sentences that do not entirely take place in prison,
like discharges, community service, house arrest and halfway houses.
2. Early Release and Parole
Awarding those with good behavior and/or productive time with early release or parole is a great incentive to
create better environments and outcomes for non-violent prisoners who receive education, rehabilitation or
treatment. Standardizing and reducing sentence lengths can lower overcrowded prisons by routinely cutting
sentences down to more manageable and suitable times. New York and Kansas are currently examining the
benefits of early release; however, many states require a minimum sentence length, making it impossible to grant
early releases to deserving prisoners.
3. Access to Mental Illness and Drug Addiction
Because mental illnesses and drug addiction place many in prison—often times as default—rather than in
institutions that would actually benefit them and reduce recidivism, it is vital to see where the system can be
reformed to help rather than punish those convicts. Most prisons are ill-equipped to meet the needs of individuals
who are mentally ill and create more negative effects that could affect the prisoner once released, resulting in re-
offending. Specialist facilities could reduce prison numbers and decrease the likelihood of re-offenses by getting
the mentally ill and drug addicts better suited to manage their situations. These prisoners make great candidates
for the aforementioned early release programs. New York is in the process of restructuring the state institution to
ensure that punishments suit the crimes by reducing minimum sentences for first-time drug offenders and
increasing sentences for drug traffickers, rather than treating drug addicts as Class A felons.
4. Reduce Recidivism
Recidivism—the act of re-offending—understandably contributes to high imprisonment rates. Rehabilitation
programs and drug and alcohol courses are at the forefront to help those needing recovery assistance. New York
has found that these types of programs are 15 times more effective than basic imprisonment and those released
commit two-thirds fewer crimes. California’s mass forgiveness program released prisoners by the thousands.
Those non-violent prisoners who were mass-forgiven and participated in the realignment plan were not inclined
to repeat past crimes or get involved in violent behavior.
Lesson Proper for Week 3 (ca 2)

PROBATION

Definition

Probation as a term was derived from the Latin verb "probare" which mean to prove or to test, which was coined
by John Augustus. The law defined probation as a disposition, under which a convicted individual is released
subject to the conditions imposed by the Court and to the supervision of a probation officer

Basic Precepts and Concepts on Probation

1. As a system of instruction- The probationer will be placed under the supervision of probation officer who
shall be directly in charge of supervising and monitoring the progress of the rehabilitation program based on the
conditions imposed by the court. Such control of the court shall be considered continuing in character until such
time that the court orders the discharge from probation of the convict.

2. Suspended Imposition of Sentence- Probation consists of the conditional suspension of the execution of
sentence while the convict is placed under supervision and is given individual guidance and treatment programs.

3. Provision for Individualize Treatment Program - The basic purpose for probation is to provide an
individualized treatment program offering a first time or unhardened convict as an opportunity to be rehabilitated
without institutional confinement or imprisonment, under the tutelage of a probation officer and under the
continuing power of the court to impose institutional punishment for his original offense in the event that he abuse
such opportunity, and courts have a wide discretion to accomplish such intent.

Predecessors of Probation

1. Money Compensation- which is a precursor of our use of fines and restitution today, introduced by the
Laws of Babylon, Greece and Rome, for those crimes which did not affect the safety of the state. Slaves having
nothing of value to offer as compensation received unmitigated cruel punishments.

2. Cities of Refuge- sanctuaries where the accused was safe pending an investigation of his criminal
responsibility, introduced by the Jewish law for those who killed without premeditation. The Jews also gives
some consideration for the individual in lesser penalties for impulsive offenses than for planned murder.

3. Benefit of the Clergy -seems to be the earliest device for softening brutal severity of punishment. Dating
back to reign of Henry II in the 13h century, it originated in a compromise with the Church which had maintained
that a member of the clergy brought to trial by a King's Court might be claimed from that jurisdiction by the
bishop or chaplain representing him, on the ground that he, the prisoner, was subject to authority of the ecclesiastic
courts only.

Note: The benefit resulting from this compromise which maintained jurisdiction in the King's Court was greater
leniency in sentencing and particularly escapes from death penalty.
4. Judicial Reprieve- a temporary wit holding of sentence, practiced by the English Court in the early I7
century, where they grant reprieves to prisoners under sentence of death on condition that they accept
deportation/transportation

5. Banishment - any description of the treatment of crime in England must include the system of
transportation to her colonies, which grew from the ancient practice of banishment and flourished for more than
200 years as a principal method of disposing of offenders.

6. Recognizance- the direct ancestor of probation, means "binding over for good behavior. " An ancient
practice developed also in England in the 14th century originated as a measure of preventive justice, involving an
obligation or promise sworn to under court order by a person not yet convicted.

Note: Sureties or bail were usually required and the person who stood surety had the power and the duty to enforce
the conditions and return the offender to court if he committed an offense during the specified period or failed to
comply with other conditions of his release

B. Evolution of Probation

· Harsh punishments were imposed on adults and children alike for offenses that were not always of a serious
nature during the middle Ages. Sentences such as branding. Flogging, mutilation, and execution were common.
During the time of King Henry VIII, for instance, no less than 200 crimes were punishable by death, many of
which were minor offenses.

· This harshness eventually led to discontent in certain progressive segments of English society that were
concerned with the evolution of the justice system. Slowly but resolutely, in an effort to mitigate these inhumane
punishments, a variety of measures were devised and adopted.

Royal pardons could be purchased by the accused; activist judges could refrain from applying statuses or opt for
a lenient interpretation of them; stolen property could be devalued by the court that offenders could be charged
with a lesser crime. Also, methods such as benefit of clergy, Judicial reprieve, sanctuary, and abjuration offered
offenders a degree or protection from the enactment of harsh sentences.

· Eventually, the courts began the practice of "binding over for good behavior, form of temporary release
during which offenders could take measures to secure pardons or lesser sentences. Controversially, certain courts
began suspending sentences.

· In the United States, particularly in Massachusetts, different practices were being developed. "Security for
good behavior," also known as "good aberrance," was much like modern bail. The accused paid a lee as collateral
for good behavior Filing was also practiced in cases that did not demand an immediate sentence, Using this
procedure, indictments were "laid on file" or held in abeyance. To mitigate unreasonable mandatory penalties,
judges often granted a motion to quash based upon minor technicalities or errors in the proceedings. Although
these American practices were precursors to probation, it in the early use of recognizance and suspended sentence
that are directly related to modern probation.