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“CRI 029/INSTITUTIONAL CORRECTION “ *Community

INSTITUTIONAL CORRECTIONS ● PUNISHMENT


(Institution based correction) - defined as the redress that the
-The rehabilitation takes place inside the institution or state takes against an offending
correction facilities. member. It is inflicted by the group
- Refers to those persons housed in secure. incorporate capacity in one who is
NON- INSTITUTIONAL CORRECTION regarded as a member of the same
(Community based correction) group. It involves pain or suffering
-The rehabilitation takes place within the produced by design and justified by
community. That means the convicted person some value that the suffering is
will not be release from the jail. assumed to have. It is a means of
● CORRECTION – is that branch of the social control, a device to cause
administration of criminal justice system people to become cohesive and
charged with the responsibility for the induce conformity thus it is
custody, supervision, and rehabilitation of necessary to restore moral
the convicted offender. equilibrium and for grounds of
- The supervision of persons arrested social utility.
for, convicted of, or sentenced for
criminal offenses. Origin and History of Punishment
- Study of jail/prison management &
administration as well rehabilitation The oldest written penal law that stopped the ancient
& reformation of criminals. practice of retribution of personal vengeance, and
punishment become the responsibility of the state.
● PENOLOGY( PENAL SCIENCE) - from the This law is known as the “Code of Hammurabi”,
Greek words “Poine” which means which King Hammurabi of Babylon promulgated. This
Punishment and “Logus” – course or study Code of Laws was compilation of the laws of the
of crime prevention, prison, reformatory Semitic tribes, and is written on stone. It instituted the
management and correction of criminals. law of the talons, meaning that the State will meet out
- Is the branch of criminology which deals with the punishment equally, “as an eye for an aye” or “a tooth
management and administration of inmates. for a tooth”.
- The study of punishment for crime or of Criminal
offenders. It includes the study of control & Punishment in Primitive Society The most common
prevention of crime through punishment. punishment are death, physical torture, mutilation,
- The term derived from the Latin word “POENA” w/c branding, public humiliation, fines, forfeiture of
means “PAIN or SUFFERING “ property, banishment, and later on transportation and
imprisonment; but each of these punishment has had
-> PENITENTIARY SCIENCE- limited only to the study forms. Thus, death has been accomplished by flaying,
of penalties dealing with deprivation of crucifixion, beheading, impaling , drowning and
liberty(withholding the freedom of a person) burning; physical torture are executed by flogging,
-> PENAL MANAGEMENT - refers to the manner or dismemberment, and starvation; public humiliation,
practice of managing or controlling places of stocks, pillory, docking, stools, branding, and branks;
confinement jails/prison. and later imprisonment by confinement in dungeons,
-> CORRECTIONAL ADMINISTRATION – the study galleys, “hulks”, jails, house of corrections,
and practice of a systematic management of jail or workhouses, and penitentiaries.
prison & other institutions concerned w/ the custody, *(floating prison ships called hulks)abandoned
treatment & rehabilitation of criminal offenders. merchant ships or broken-down warships. Hulks were
- We change the criminal to become a law abiding unsanitary, rat infested, and unventilated, and the
citizen. keepers flogged the inmates to force them to work.
****After serving his sentence then he commit
another crime it is called RECIDIVIST HISTORY OF PUNISHMENTIMPRISONMENT
5 PILLARS OF CRIMINAL JUSTICE SYSTEM ● Ancient Greece – described stoning &
*Law Enforcement condemned to death, throwing them from
*Prosecution high cliff, binding them to stakes (similar to
*Court crucifixion), & cursing them ritually. Dead
*Correction- weakest Pillar bodies of executed criminals regarded as
-Because of it’s failure to deter individual in dishonoured & prevented from being buried.
committing crimes as well as reformation of inmates. Their bodies were left to scavengers and the

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elements, included civil penalties, such as Hanged, Drawn, and Quartered used mainly in
loss of the ability to transfer property, to vote, England, it is widely considered to be one of the most
and to marry. brutal forms of execution ever devised. First, the
● Ancient Athens - included “confiscation of victim is tied in a wooden frame and dragged to the
property, fines, and the destruction of the location of their execution (drawn). They were then
condemned offenders’ house.” Public hung until nearly dead (hanged). Immediately after
denunciation, shaming, imprisonment, and being taken down their abdomen was opened and
public display of the offender were also used. their entrails were removed. As the victim watched
● Ancient Israel -Punishment used by the they were then burned before his or her eyes. This
Hebrews mentioned in the Old Testament punishment was only used on men for any convicted
included banishment, beating, beheading, woman would generally be burnt at the stake as a
blinding, branding and burning, casting down matter of decency.
from a high place, crushing, confiscation of Electric Chair It is an execution method originating in
property, crucifixion, cursing, cutting, the United States in which the condemned person is
asunder, drowning, exile, exposure to wild strapped to a specially built wooden chair and
beast, fining, flaying, hanging, imprisonment, electrocuted through electrodes placed on the head
mutilation, plucking of the hair, sawing and leg. This execution method has been used in the
asunder, scourging with thorns, slavery, United States and, for a period of several decades, in
slaying by spear of sword, use of the stocks, the Philippines
stoning, strangulation, stripes, and Firing Squad It is sometimes called fusillading (from
suffocation. the French fusil, rifle). This method is particularly
● Early Rome - The Twelve Tables, the first common in the military and in times of war. Execution
written laws of Rome, were issued in 451 B.C. by shooting is a fairly old practice.
Conviction of some offenses required
payment of compensation, but the most Types of Corporal Punishment
frequent penalty was death. Among the (Physical Torture)
forms of capital punishment were burning Flogging - most common physical punishment
(for arson), throwing from a cliff (for perjury), through the ages. The construction of flogging whips
clubbing to death (for writing insulting songs varied greatly, from simple leather straps or willow
about a citizen), hanging (for stealing other’s branches to heavy, complicated instruments designed
crops), and decapitation. For killing a close to inflict maximum pain. A traditional form of whip
relative, the offender is subjected to the was a cat-o-nine-tails, consisting of nine knotted
culleus, which consists of confining the cords fastened to a wooden handle. The “cat” got its
offender in a sack with an ape, a dog, and a name from the marks it left on the body, which were
serpent and throwing the sack into the sea. like the scratches of a cat. One especially cruel form
Vestal virgins who had violated their vows of of the whip, the Russian knout, was made of leather
chastity were buried alive. Offenders who strips fitted with fishhooks. When a prisoner is
went into exile lost their citizenship, freedom, whipped, the hooks would dig into the body, ripping
and immovable property. away a proverbial “pound of flesh” with each stroke.
Types of Capital Punishment The Brazen Bull- It was a hollow brass statue crafted
“Death” is the only thing that the offender really to resemble a real bull. Victims were placed inside,
“deserves”. usually with their tongues cut out first. The door was
shut, sealing them in. fires would then be lit around
Garrote was used in Spain for hundreds of years, it is the bull. As the victim succumbed to the searing heat
an efficient means of execution by asphyxiation. In an inside, he would thrash about and scream in agony.
earlier version, the victim was tied to a stake and a Wheels - adapted to many torturous uses. The victim
loop of rope was placed around his/her neck. A rod in would be tied to the wheel, and then swung across
the loop was turned until the rope tightened, choking some undesirable thing below – fire was always a
the victim good choice, but dragging the victim’s flesh across
Guillotine conceived in the late 1700’s this was one of metal spikes also worked well.
the first methods of execution created under the Branding- A type of mutilation that was practiced in
assumption that capital punishment was intended to Roman society. Criminals were branded with a mark
end life rather than inflict pain. or letter signifying their crimes. Brands, which were
Premature Burial this technique has been used by often placed on the forehead or another part of the
governments throughout history to execute face, served to warn others of an offender’s criminal
condemned prisoners. Latest documented cases was history. French branded criminals on the shoulder
during the Nanking Massacre in 1937 when Japanese with the royal emblem.
troops buried Chinese civilians alive.

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Mutilation -used in ancient and medieval societies. In ● Community Service – like payment of fines,
ancient Rome offenders were mutilated according to this is commonly imposed to those simple
the law of retaliation, or lex talionis infractions of laws.
Public Humiliation - included the stocks and the
pillory. Stocks held a prisoner in a sitting position, CONTEMPORARY FORMS OF PUNISHMENT
with feet and hands locked in a frame. A prisoner in ● Imprisonment – putting offenders in
the pillory was made to stand with his or her head and a prison for the purpose of protecting
hands locked in place. Both devices exposed the the public and at the same time
prisoner to public scorn. While confined in place, rehabilitating them by undergoing
prisoners were frequently pelted with eggs and rotten institutional treatment programs.
fruit. Sometimes they are whipped or branded. ● Parole – is defined as a procedure by
Banishment, Exile or Transportation. In early which prisoners are selected for
societies, this method sometimes took the place of release on the basis of individual
corporal and capital punishment. Exile was regarded response and progress within the
as akin to a death sentence, since the banished correctional institution and a service
person could no longer depend on his or her former by which they are provided with
community for support and protection. necessary guidance as they serve the
remainder of their sentence in the free
Redress ( Compensation ) of a wrong act community.
● Retaliation ( Personal Vengeance) – the ● Probation – it is a procedure under
earliest remedy for wrong act to any one ( in which a defendant found guilty of a
the primitive society ). The concept of crime is release by the court without
personal revenge by the victim’s family or imprisonment subject to the condition
tribe against the family or tribe of the imposed by the court and subject to
offender, hence “ blood feuds” was accepted the supervision of the probation
in the early primitive societies. officer.
● Fines and Punishment – Customs has ● Fine – an amount given as a
exerted effort and great force among compensation for a criminal act.
primitive societies. The acceptance of
● Destierro – the penalty of banishing a
vengeance in the form of payment ( cattle,
person from the place where he
food, personal services, etc.) became
committed a crime, prohibiting him to
accepted as dictated by tribal traditions. As
get near or enter the 25- kilometer
tribal leaders, elders and later kings became
perimeter.
into power, they begun to exert their
● Conditional Pardon – it is an
authority on the negotiations. Wrongdoers
executive clemency to be exercised
could choose to stay away from the
by the president. It is a mercy given
proceedings ( Trial by ordeal ) but if they
but with conditions upon the release
refuse to abide by law imposed, they will be
of the grantee.
declared to be an outlaw.
JUSTIFICATIONS OF PUNISHMENT
ANCIENT FORMS OF PUNISHMENT
● Death Penalty – this was effected by burning,
● Retribution – punishment of an offender was
boiling in oil, breaking at the wheel, drowning,
carried out in the form of personal
hanging, etc.
vengeance. Since retaliatory acts result in
● Physical Torture – this was the so-called
the infliction of greater injury, the retaliation
corporal punishment, which was effected by
was later limited to the degree of injury
mutilation, maiming, whipping, etc.
inflicted, giving rise to “An Eye for and Eye”
● Social Degradation - the purpose of this was It literally means “paying back” the offender
to put the offender to shame or humiliation. for what he or she has done.(Revenge)
This was affected by branding, use of
● Expiation or Atonement – this was in the
ducking stool, stocks, pillory, etc
form of group vengeance, as distinguished
● Banishment – this the sending or putting from retribution, where punishment is
away of an offender which was carried out exacted publicly for the purpose of
either by a prohibition against coming into a appeasing the social group. Punishing the
specified territory, or a prohibition against offender gives the community a sense of its
going outside a specified territory, such as moral superiority, assurance that virtue is
an island to where the offender has been regar5ded after all.
removed. Also known as transportation.

3
● Deterrence or Exemplarity – punishment vindication of absolute right and moral law
gives lesson to the offender by showing to violated by the criminal.
others what would happen to them if they
violate the law.
- Discouragement or prevention of
crimes Exemptions from Punishment
- It is future oriented that seeks to Not everyone found violated penal laws will be
prevent crimes from occurring. subjected to punishment. Under Article 12 of the
- the State punishes the criminal to Revised Penal Code as amended, the following are
set as a warning and dissuade the enumerated circumstances which exempt a
others from committing crimes person from criminal liability:
1. An imbecile or an insane person, unless the
Two types of Deterrence insane person has acted during lucid(Clear
to it’s understanding)interval
*Specific deterrence – individual being punished from 2. A minor under 15 years of age
committing additional crimes. Example of this is 3. A minor over 15 years of age but under 18
imposing punishment to offenders in order that they unless he acted with discernment(Being able
may not repeat the same offense/crime again. to understand )
4. Any person who, while performing a lawful
*General deterrence – occurs when the punishment act with due care, causes an injury by mere
of an individual serves as an example to others who accident without fault or intention of causing
might be thinking of committing a crime --- thereby it
dissuading(advise/discouraging) them from their 5. Any person who acts under the compulsion
planned course of action. For example giving harsh of an irresistible force. (Impossible to resist,
punishment for offenders so that would be criminals overpowering)
will not do it anymore. 6. Any person who acts under the impulse of
● Protection – by placing offenders in prison uncontrollable fear of an equal or greater
society is protected from the further criminal injury
depredation of criminals. 7. Any person who fails to perform an act
● Reformation – society’s interest can be best required by law, when prevented by some
served by helping the prisoner become a law- lawful or insuperable cause.
abiding citizen and productive upon his
return to the community by requiring him to There are also persons exempt from the operation of
undergo an intensive program of reformation. our criminal law by virtue of the principles of public
- To change criminal lifestyle into law international law. These persons are Sovereigns and
-abiding ones other Heads of States, Ambassadors, Ministers
- It focuses on medical and plenipotentiary, Ministers resident and Charges d’
psychological treatments Affaires.
Theories justifying imposition of Penalty
(Punishment) Constitutional provisions for the imposition of
Punishment
Prevention Theory – the state must punish
Section 1, Article III of the 1987 Constitution.
the criminal to prevent or suppress the
“No person shall be deprived of life, liberty, or property
danger to the state arising from the criminal
without DUE PROCESS OF LAW, nor shall be denied
acts of the offender.
the EQUAL PROTECTION OF THE LAWS”
Self Defense Theory – the state has the right
Considering that by imposition of punishment, a
to punish the criminal as a measure of self-
person may be deprived of life, liberty or property, the
defense so as to protect society from the
Constitution requires the observance of two
threat and wrong inflicted(caused/to give by)
Constitutional guarantees” 1). Due process of law;
by the criminal.
and 2). Equal Protection of the laws.
Reformation theory – the object of
punishment is to correct and reform the “Constitutional Restrictions on Penalties”
offenders. The Constitutional directs that “excessive fines shall
Exemplary theory – the criminal is punished not be imposed, nor cruel and unusual punishment
to serve as an example to deter(discourage) inflicted”. (Sec. 21 Art. IV, 1973 Constitutions of the
others from committing crimes. Philippines).
Justice theory – the crime must be punished
by the state as an act of retributive justice, a

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“SCHOOLS OF PENOLOGY “ School of Thought in *It represents the reaction against the
Correction severity of the classical theory of equal
● Classical School- believes that criminal punishment irrespective of circumstances
behavior is a matter of freewill and that
punishment is the most effective way to - Jeremy Bentham believed that
deter(prevent from acting) criminal behavior. Becarria’s unwavering
- Explains crime as a Freewill accountability of all offenders was
decision to make a criminal choice. too harsh.
This choice is made by applying the - Considered as physical & social
pain-pleasure principle: People act environment where the individual
in ways to maximize pleasure and was placed.
minimize pain.
- Beccaria, Rousseau , Montesquieu ● Positive School (The Italian School)– denied
& Voltaire maintained the Doctrine individual responsibility and reflected an
of Psychological hedonism: That essentially non-punitive reaction to crime
individual calculates pleasures and and criminality. Since the criminal was held
pains in advance of action & to be not responsible for his acts, he was not
regulates his conduct by results of be punished.
his calculations - Believes that criminal behavior is
Hedonistic Calculus formulated by Bentham, caused by biological and
a great reformer of criminal law who worked psychological factors and that
out on precise mathematical laws for the should be addressed through
infliction of punishment. treatment.
**Father of Classical School -> Cesare Bonesana, - Considered anthropological or the
Marchese di Beccaria (On Crimes & Punishment) personality traits.
( The study of the physical traits of Criminal was
Beccaria’s protest was directed against the following: called Atavistic stigmata)
*Arbitrary penalties given by judges According to Cesare Lombroso there are three great
*Uncertainty and obscurity of the laws classes of criminals: 1) Born criminals (atavism); 2)
*Defects in criminal procedure in admission of Insane Criminals (idiot, imbecile, dementia, paralysis,
testimonies etc.); and 3) Criminaloids (not born with physical
*Secret accusations stigma.
*Torture
*Incrimination of witnesses Published in 1878 “The Theory of Imputability and
*Long pending cases Denial of Freewill”, and Criminal Sociology in 1884.
*Abuse of power by rich against the poor Enrico Ferri contributed to emphasis on the social
● Neo-Classical School – arose at the time of factors: 1). Physical factors, including geographical
the French Revolution, maintained that while climate and temperature; 2). Anthropological,
the Classical Doctrine was correct in general, including psychological; and 3). Social, including
it should be modified in certain details; since
economic and political factors as well as gender,
children and lunatics cannot calculate
education and religion. According to him, crime can
pleasures and pain, they should not be
regarded as criminals or be punished. be understood only as it is studied by scientific
Neo Classical School - challenges the proposition methods. The criminal is not a free moral agent, but is
that man has absolute free will to choose between the product of circumstances. He traced roots of
good and evil and states that it is not absolute as criminal behaviour to psychological equivalents to
presumed to be because free will can be diminished stigma called “moral anomalies”.
by pathology, mental disorders and other conditions
that may instigate personal responsibility These are among the beliefs of Raffaele Garofalo
regarding natural crime and peculiarities of offender:
Significant contributions of Neo-Classical Peculiarities: particular characteristics that place
School offenders at risk for criminal behaviour
*Exempting circumstances Extreme criminals: execution for punishment
*Reduction of punishment for partial Impulsive criminals: Imprisonment for punishment
freedom of the will only partial punishment Professional criminals: Punishment is “elimination,
*Punishment mitigating for lack of full “either by life imprisonment or transportation to a
responsibility penal colony overseas
Endemic criminals: Controlled through changes in the

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law CORRECTIONAL SYSTEM
● Modern Criminology – the reason for The function of correction serves to rehabilitate and
criminal conduct is not by choice but by neutralize the deviant behavior of adult criminals and
circumstances, personal defect & the notion juvenile delinquents. This component of the criminal
justice system faces a three-side task in carrying out
that the person is not completely responsible
the punishment imposed on the convicted offender by
for their actions.
the court, to deter, to inflict retribution, and
- Adhere to reason, rationality & rehabilitate.
scientific process as a means to The components of the correction effectuate their
understand crime. functions through different programs, probation,
**Father of Modern Criminology -> Cesare Lombroso commitment to an institution, and parole. Prisons are
a major stock in the moral order of the society. They
● PRE-CLASSICAL THEORIES symbolize the ultimate instrument of punishment the
Secular Theory of Punishment – the first person who state can wage against those who renege on the
attempted to explain crime is Aristotle, an Athenian social contract. Besides death, imprisonment remains
philosopher. In his book entitled “Nicomedean Ethics”, society’s most ominous response to the social
disorder. Include among the purposes of a civilized
he discussed the philosophy of corrective justice.
society are maintenance of law and order and control
According to him, punishment is a means of restoring
of violence. To accomplish this purpose, deviant
the balance between pleasure and pain, whereby the
individuals are isolated offenders to the colonies.
loss suffered by the victim is compensated by the Lombroso, Beccaria and Betham – their efforts
suffering of the offender hence, restoring the balance changes the prison system based on solitary
between the injured and the transgressor. confinement and hard labor so that by 1779 a
Judean-Christian Theory – this theory adhered that penitentiary act was passed that mandated the
punishment has a redemptive(relating to) purpose of establishment of prison system. Norfolk Prison at
repelling sin advocated by the devil. This theory was Wymondham, England – after the Penitentiary Act of
at its fullest development during the death of Christ in 1779 this prison was opened. National Penitentiary of
30 A.D. Milkbank – followed in 1821.
The Rise of Canonical Courts (Church’ Court) – in Pentonville National Penitentiary – opened in 1842.
history, a system of trial and punishment was Alexander Solshenitsyn – a political prisoner who
popularized banishment is the Gulag Archipelago in a
established in the 4th Century A.D. The rivalry existed
novel. Penal Code of Russia (1845) – punishes
between church and state in trying offense. In the
offenders to hard labor of four years to life. Fortunate
early Christian era, the church forbade its adherence
prisoners sentenced to hard labor were destined to
to resort to state court and later in the medieval the factories or construction of fortresses. Sentences
period the power of state courts declined and the to labor in the mines were the unluckiest of the
power of Canonical court was mainly reformatory in destinations.
purpose. 2 Distinct Benefits of Banishment
Individualization of Punishment – the lawmakers and 1. It allowed the transporting country
judges had the practical task of making and to colonize distant lands such as Australia,
administering law not only in the light of such theories Canada, Africa and all other far- flung
of free will and responsibility, but also face to face colonies.
with the indignation of the community at a particular 2. It reduced number of criminals and
offense. the concomitant reduction of criminality in
the country of origin.
Abuse of Judicial Individualization – the law gave
Aside from banishment and hard labor offenders were
judges wide discretion to impose additional penalties
also sentenced to provide hard labor for public works
in view of the circumstances. This theory gave the
including the building of military fortifications and as
judges tyrannical power which led to abuses. Class a result of these developments, Spaniards also built
discrimination in the administration of justice arose. fortifications in the Philippines and that includes Fort
● Modern Clinical School Santiago in Manila and Fort Del Pilar in Zamboanga.
It studies the criminal rather than the crime.
This school is interested primarily in the personality of *Maine State Prison – underground facilities to
the criminal himself in order to determine the incarcerate offenders contained cells in the pits
conditioning circumstances that explain his similar to the underground cistern of long ago Rome
criminality that were used to detain offenders undergoing trial in
some cases and to hold sentenced offenders where

6
they will be starved to death. These pits were entered
through an iron gate in the ceiling during late 1828. Early Workhouses
Bridewell – a workhouse created for the employment
* Connecticut State Prison – used a copper mine at and housing of London’s “riffraff” in 1557 and was
Simsbury from 1773 to 1827 as prison facilities based on the work ethic that followed the breakup of
wherein prisoners worked in the mines during the day feudalism and increased immigration of rural
and then their ankles and necks were shackled during populations to urban areas.
nighttime to prevent escape. Workhouses was so successful that by 1576,
*Sing Sing Prisons – became famous or rather Parliament required the construction of a Bridewell in
infamous all over the world and was plot of many every country in England. The same unsettled social
movies filmed because of the Sing sing bath which conditions prevailed in Holland, and the Dutch began
was inflicted aside from the floggings, denial of building workhouses in 1596 that were soon to be
reading materials and solitary confinement. The copied all over the Europe.
shower bath was a gadget do constructed as to drop **3 Institutions Built in the State of Pennsylvania
a volume of water on the head of a locked naked 1. The Walnut Street Jail (1790)**
offender. The force of the icy cold water hitting the Originally constructed as a detention jail in
head of the offenders caused so much pain and Philadelphia, it was converted into a state
extreme shock that prisoners immediately sank into prison and became the first American
come due to the shock and hypothermia or sudden Penitentiary. It began the penitentiary system
drop of the body temperature. 1847 – Flogging was in the United States when legislation was
declared illegal. passed establishing the principle of solitary
*St. Michael Prisons – first established in 1704 confinement, strict discipline, productive
during the reign of Pope Clement XI at the Hospital of work and segregation of the more dangerous
St. Michael was a prototype of the reformatories for offenders. **2. The Western Penitentiary
juvenile offenders. This is the seed of Auburn Prison (1826)
System of the United States wherein rehabilitative 2. The Eastern Penitentiary (1830)**
concept and pioneered segregation of prisoners and Jail Penitentiary Concept
force silence to make prisoners contemplate their The term penitentiary came from the Latin word
wrongdoings. “Paenitentia” meaning penitence, and was coined by
Early Prisons an English prison reformer, John Howard. It referred
Mamertime Prison – an early place of confinement in to a place where crime and sin may be stoned for and
Rome in 64 BC using primitive dungeons built under penitence produced.
the main sewer. Two Rival Prison Systems in the Early History of
Sanctuary – Asylum that placed the wrongdoer in imprisonment
seclusion or arrest in cities followed by Christian a. Auburn Prison – among its features were the
Church. confinement of the prisoners in a single cells at night
and congregate work in shops during the day.
Since the time of Constantine, placing the wrongdoer Complete silence was enforced.
in seclusion to create an atmosphere conducive to b. Pennsylvania Prison – it features consisted in
penitence is common. This form of imprisonment solitary confinement of the prisoners in their own
was modified into more formalized places of cells day and night, where they lived, slept, received
punishment within the walls of monasteries and religious instructions and read and the bible, and
abbeys. given the work. Silence was also enforced.
“Sentenced to Solitary Confinement at Hard Labor”
Early Cellular Prison The Reformatory Movement This consisted in the
Maison de Force – A Belgian workhouse for beggars introduction of certain reforms in correctional field by
and miscreants, designed to make profit by an certain persons, gradually changing the old punitive
enforced pattern of hard work with both discipline and philosophy of punishment (Mass treatment, enforced
silence. An important rule: “If a man will not work silence, idleness, regimented rules and severe
neither let him eat”. punishment) to a more humane treatment of
Hospice of San Michele – A correction facility prisoners with innovative institutional programs.
designed for incorrigible boys and youth, and included
silence, large work areas, and separate sleeping cells. AUBURN AND PENNSYLVANIA PRISON SYSTEMS
Both expiation and reform were intended goals. Auburn Prison System
Wallnut Street Jail – Originally constructed as a Established in 1819, and the main feature of this
detention jail in Philadelphia created by the Quakers, it prison system is the confinement of the prisoners in a
was converted into a state prison and became the single cell at night and congregate work in shops
first American Penitentiary. during the day.

7
A prison model consisting of small individual cells, He is also responsible for the abolition of death
large work area for group labor, and enforced silence. penalty and torture as a form of punishment.
Later innovations at Auburn were the lockstep
(marching in single file, placing the right hand on the 2. Charles Montesiquieu (Charles Louis
shoulder of the man ahead, and facing toward the Secondat, Baron de la Brede et de
guard), the striped suit, two-foot extensions of the Montesiquieu)
walls between cells, and special seating (1689- 1755) A French historian and philosopher who
arrangements at meals—all designed to insure strict analyzed law as an expression of justice. He believes
silence. The Auburn and Pennsylvania systems were that harsh punishment would undermine morality and
both based on a belief that criminal habits were that appealing to moral sentiments as a better means
learned from and reinforced by other criminals. of preventing crime.
3. VOLTAIRE (Francois Marie Arouet)
Pennsylvania Prison System (1694- 1778) He was the most versatile of all
Established in 1829 and this prison system requires philosophers during this period. He believes that fear
solitary confinement of the prisoners in their own of shame was a deterrent to crime. He fought the
cells day and night, where they lived, slept, received legality-sanctioned practice of torture.
religious instructions and read the bible, and were
given work. 4. Jeremy Bentham (1748-1832)
An early prison system requiring inmate’s silence, The greatest leader in the reform of English Criminal
individual cells, and inmate labor in those cells. law. He believes that whatever punishment designed
Although this prison system aroused great to negate whatever pleasure or gain the criminal
international interest, it was adopted by only two other derives from crime, the crime rate would go down.
states, the New Jersey and Rhode Island, but later on Bentham was the one who devised the ultimate
abandoned the system. In contrast, many European PANOPTICAN PRISON – a prison that consists of a
countries wholeheartedly adopted the Pennsylvania large circular building containing multi cells around
model. the periphery. It was never built.
William Penn- the founder of Pennsylvania and a 5. John Howard (1726 – 1790)
system of justice that required compensation of The sheriff of Bedsfordshire in 1773 who devoted his
victims and repentance to restore the offender to life and fortune to prison reform. After his findings on
God’s grace. Penn is also the leader of the Quakers English Prisons, he recommended the following:
who brought the concept of more humanitarian single cells for sleeping – segregation of women –
treatment of offenders to America, but lase in Italy segregation of youth – provision of sanitation
and England through its influence on such advocates facilities – abolition of the fee system by which jailers
as Beccaria and Howard. obtained money from prisoners.
Notes:
The Great Law – Body of laws of the In England, Alexander Maconochie, superintendent of
Quakers that saw hard labor as a more effective penal colony at Norfolk Island in Australia, introduced
punishment that death penalty for crimes and one a progressive humane system to substitute for
that demanded compensation to victims. Compared corporal punishment – the Mark System. When a
with the other harsh colonial codes in force at that prisoner earned a required number of marks, he was
time, the Great Laws of Quakers was quite humane. given his ticket of leave, which is the equivalent of
This body of laws envisioned hard labor as a more parole. Maconochie introduced several other
effective punishment that death for serious crimes, progressive measures, which aimed at rehabilitating
and capital punishment was eliminated from the prisoners. He introduced fair disciplinary trials, built
original codes. churches, distributed books, allowed plays to be
THE AGE OF ENLIGHTENMENT staged, and permitted prisoners to tend small gardens.
The 18th Century is a century of change. It is For his progressive administration of prisoners,
the period of recognizing human dignity. It is the Maconochie should be considered one of the fathers
movement of reformation, the period of introduction of modern penology. Maconochie is considered the
of certain reforms in the correctional field by certain “Father of the Parole System”.
people, gradually changing the old positive philosophy One of the most famous contributors to the
of punishment to a more humane treatment of reformatory movement was Sir Walter Crofton,
prisoners with innovative programs. Chairman of the Directors of Irish prisons. In 1856,
The Pioneers: Crofton introduced the Irish System, similar to that of
1. William Penn (1614-1718) Maconochie’s Mark System, latter on called the
He fought for religious freedom and individual rights. progressive stage system.
He is the first leader to prescribe imprisonment as
correctional treatment for major offenders.

8
The first stage of the Irish system was solitary Second-Generation Jails. This emerged in the 1960’s
confinement for nine months at a certain prison. The to replace old, rundown linear jails and provide
prisoners at this stage were given reduced diet and officers the opportunity to observe as much of the
allowed monotonous work. The prisoners progress to housing area as possible from a single vantage point.
a more interesting work, some education, and better In this type, the staff remain in a secure control booth
treatment toward the end of the first stage. overlooking inmate housing areas called pods.
Surveillance is remote and verbal interaction with
In 1876, the New York State Reformatory at Elmira inmates is even less frequent than in first-generations
opened with Zebulon Reed Brockway as jails. Property destruction is minimized because steel
superintendent. Brockway introduced in Elmira a new and cement continue to define the living areas.
institutional program for boys from 16 to 30 years of Third-Generation Jails. Also known as direct-
age. supervision jails, emerged in the 1970s. The housing
The Elmira system was based on the indeterminate unit design of such jails is podular. Inmates’ cells are
sentence and parole. Elmira had all the elements of arranged around a common area, or day-room. There
the modern correctional system, so that this is no secure control booth for the supervising officer,
institution is often referred to as the forerunner of and there are no physical barriers between the officer
modern penology. and the inmates. The officer may have a desk or table
for paperwork, but it is in the open day-room area. In
Jail Defined this jail, the inmate style is direct supervision. An
This are institutions for the confinement of officer is stationed in the pod with the inmates. The
persons who are awaiting final disposition of their officers move about the pod and interact with the
criminal cases and also the service of those convicted inmates to manage their behavior. The pods contain
and punished with shorter sentences, usually up to sleeping areas, dayroom space, all necessary
three (3) years personal hygiene fixtures, and sufficient tables and
seats to accommodate unit capacity.
Origin of Jail
Types of Jails – the modern jail system falls into
When the first crude system of community three general classes:
organization began to emerge in the Stone Age, a
small cave was undoubtedly designated as a holding The lock-up – This is a security facility, usually
cell for the detention of those who violated the tribal operated by the police department, for the temporary
code until the elders could gather at the side of some detention of persons for preliminary hearing. Usually
nearby mountain to decide upon punishment. But the period of detention does not exceed 48 hours.
when punishment had been determined, a restraining Persons who must be held longer are transferred to
boulder was rolled aside from the mouth of the cave, the city or provincial jails.
the guilty were brought and punishment promptly
meted, until about 200 years ago, the jail was used The Ordinary Jail - In most instances this institution
exclusively for the detention of the accused pending houses both offenders awaiting court action and
trial and imposition of punishment. The punishment those serving short sentences, usually up to three
imposed were torture, banishment, exile, death, years. Frequently, it is the only facility available for the
branding, Mutilation, but never imprisonment detention of the juvenile offender and for the care of
The jail Is said to have originated in Medieval England. the non-criminal insane pending commitment to the
When Henry II ordered that the sheriff in each of the state psychopathic hospital.
institutions spread through England in 1166 originally
conceived as a place for detaining suspected The Workhouse, Jail-Farm or Camp – These
offenders until they could be tried, jails eventually institutions house minimum custody offenders
came to serve the dual purposes of detention and serving short sentences, usually not more than three
punishment. years. Like the ordinary jail, they may be operated by
Jail Structure the city police department or by the provincial jail
First-Generation Jails. Jails were built in a administration.
linear design that dates back to the 18 century. In this
type of jail, inmates live in multiple-occupancy cells or Types of Jail based on inmate population
dormitories. The cells line corridors that are arranged Type A – with population of 100 inmates or more
like spokes. Inmate supervision is sporadic or Type B – with population of 21 – 90 inmates
intermittent; staff must patrol the corridors to observe Type C – with population of 20 inmates or less
inmates in their cells. Contact between jailers and
inmates is minimal unless there is an incident to Types of Jail based on its Jurisdiction
which jailers must react.

9
 Municipal Jail – this jail is under the
supervision of the BJMP. Inmates or . 1923 - community-based treatment system for
prisoners here are those sentenced to a term juvenile offenders was implemented, with the
of one to six months. promulgation of the Juvenile Law and Reformatory
 City Jail – this jail is also under the Law.
supervision of the BJMP. Inmates or May 1932 – the country was administratively divided
prisoners here are those sentenced to a term into three regions effect a more efficient productivity
of one day to three years. management of prison industries, by August 1945, the
 District Jail – a cluster of small jails, each three regions were increased into eight and in July
having a monthly average population of ten 1952, Regional Corrections Headquarters was
or less inmates, and is located in the vicinity established in each of these regions to serve as
of the court. intermediate supervisory organ to closely supervise
 Provincial Jail – this jail is under the Office and coordinate corrections work among the different
of the Governor. It is a facility for those who corrections institutions and facilities.
are sentenced to a prison term of six 1933 – Ordinance for Prisoner Progressive Treatment
months and one day to three years. was promulgated which started the classification of
prisoners, a step towards the use of scientific
approach in coming up with treatment programs for
prisoners.
1870 – National Prison Association (now the 1939 – Judicial Rehabilitation Service Law was
American Correctional Association) held its first enacted.
national congress in Cincinatti, Ohio/. Leading 1947 – after the World War II, the Amnesty Law was
practitioners in the field of corrections and prison passed which defined two types of amnesty, general
reformers from across the land came to this congress and individual.
fully prepared to present their expert views on how to 1947 – National Training Institute for Prison Officers
best approach and humanize the handling of people stopped operating.
sentenced to suffer imprisonment. 1969 – Training institute for Correctional Personnel
1876 – Young female prisoners began to be admitted was operational.
to the Houses of Refuge wherein they underwent and extensive use of parole based on the
similar regimen to that of the boys but limited to indeterminate sentence. This was the first penal
sewing, cleaning, washing, ironing, cooking and many institution to remodel its penal philosophy away from
other activities peculiarly done by women. punitive and retributive practices and veered them
1878 – State of Massachusetts passed the First towards reformation and treatment. Educational and
Probation Law. vocational were imparted to the prisoner as a way to
1899 – first juvenile court was established in Cook treat his lack of life skills to survive according to the
Country, Illinois. rules of outside society.
1925 – 48 states had juvenile courts and some of *** Parole also started in Elmira Reformatory, after
these states also have probation services catering 12-month of good conduct prisoner, he was eligible
solely to juvenile offenders. for parole. ( f )
* Sir Evelyn RugglesBrise – was the Director of
Japanese Correctional Development Kangokusoku English Prisons who opened the Borstal
Prison Rules in 1872 – first law establishing a Institution after visiting Elmira Reformatory in 1897,
modern criminal justice administration in Japan. such as Borstal Institutions are today considered as
1908 – the present Prison Law and Prison Law the best reform institutions for young offenders. This
Enforcement Regulations in Japan were both enacted system was based entirelty on the individualized
and enforced when old prison regulations were treatment. ( g )
abolished. **John Howard – known as the Father of
1884 – Professionalization of Japanese Correction Penitentiary/ FATHER OF MODERN CORRECTIONS.
Officers started when a training program for prison Sheriff from Bedfordshire, England who exercised the
officers was devised and implemented in Yokohama traditional but neglected responsibility of visiting the
Prison. local prisons and institutions. He was shocked by
1890 – National Training Institute for Prison Officers what he saw, especially when he learned that the
was established in Tokyo seeded by a Russian keepers were paid no regular salary but depended
penologist Dr. Kurt von Seebach. upon extracting a living from the prisoners; secondly,
1912 and 1914 – general pardons were promulgated that large number of persons who had been
on two occasions of bereavement of the Imperial discharged by the grand jury or acquitted at their trials
Family members such as amnesty and commutation were still detained owing to the fact that they had
to a total of 36,731 prisoners been unable to pay their discharge fees. For every

10
prison inspected, he put into records important details phased out of use.
he observed, wrote and published a book that started **1916 – proposed Correctional Code was enacted
the interest of reformers in English society. Many of and introduced leniency for convicted prisoners.
his landmark recommendations were incorporated **1924 – Commonwealth Act No. 3203 established
into the Penitentiary Act of 1779 and adopted as the Reformatory for Boys and Girls.
standard procedure in the first modern prison **November 27, 1929 – Correctional Institution for
constructed in 1785 on Norfolk, England. It was not Women in Mandaluyong, Rizal was established by
until 1842 that Howard’s idea of penitentiary was authority of Act No. 3579
given recognition. ( h ) ** January 21, 1932 – Davao Penal Colony was
**Father Cook (1870) – he identified youthful established in accordance with Act No. 3732 and
offenders being tried in the courts and whose cases Proclamation 414 Series of 1931.
were committed by force of circumstance and not **1941 – prisoners from the Old Bilibid Prison was
due to criminal nature of the accused. After finding transferred to its present site in Muntinlupa and
that the offender was not a hardcore felon and can renamed the New Bilibid Prison which was later
still be reformed, Father Cook presented himself became the main Insular Prison.
before the court as adviser of the offender. ( i ) Under the Philippine Republic after World War II, two
**Edward N. Savage (1887) – Chief of Police in (2) more prisons were created to decongest the over-
Boston who was appointed as the first government crowded condition of the New Bilibid Prison. These
probation officer after the first Probation Law in are:
Massachusetts was passed in 1878 1. Sablayan Penal Colony in Mindoro
Occidental which was established on
HISTORICAL BACKGROUND OF THE PENAL SYSTEM September 27, 1954;
IN THE PHILIPPINES 2. Leyte Regional Prison in Abuyog, Leyte
The establishment of prisons in the Philippines was which was established on January 16, 1973.
formally started during the Spanish regime when
Spanish penal laws contained in royal decrees,
ordinances, rules and regulations were extended to
the country.
 1847 – the Old Bilibid Prison has been
operational, main insular penitentiary was
constructed and formally opened by a Royal
Decree in 1865.
**CARCEL Y PRESIDIO CORRECTIONAL was formed
erected at Mayhaligi St., in Sta. Cruz, Manila now the
present site of Manila City Jail. Insular prisoners were
subjected to all forms of punishment and many
prisoners died after few months of detention. 1869
–San Ramon Prison and Penal Farm in Zamboanga
City which was named after the patron Saint of its
founder Ramon Blanco was established primarily to
confine political offenders. 1898 - San Ramon Prison
was closed during the Spanish-American War.
**American tried to correct the system by introducing
some techniques of handling offenders humanely.
November 16, 1904 – Iwahig Penal Colony in
Palawan was established with 16 prisoners sailed for
Palawan to start building the colony thereat on orders
of Governor Forbes, then the incumbent Secretary of
Commerce and Police.
**1904 - The San Ramon Prison was reopened. The
Reorganization Act of 1905 created the Bureau of
Prisons under the Department of Commerce and
Police, then transferred to the Department of Public
Instruction and finally placed under the Department of
Justice. The three (3) prisons and penal colonies, Old
Bilibid, San Ramon, and Iwahig were placed under the
Bureau of Prisons jurisdiction including the Corregidor
Stockade and the Bontoc Prison, which was later,

11
PENALTY AND THE MODERN PERIOD OF
CORRECTION
Penalty – is defined as the suffering inflicted by the
State against an offending member for the
transgression of law.
Juridical Condition of Penalty
Punishment must be:
1. Productive of suffering – without however
affecting the integrity of the human personality.
2. Commensurate with the offense – different
crimes must be punished with different penalties ( Art,
RPC)
3. Personal – the guilty must be the one to punished,
no proxy.
4. Legal – the consequence must be in accordance
with law.
5. Equal – equal for all person
6. Certain – no one must escape its effect.

12
7. Correctional – changes the attitude of offenders OBJECTIVES: The broad objectives of the Bureau are
and become law abiding citizens. the following:
1. To improve the living conditions of
Duration of Penalties inmates in accordance with the accepted
1. Death Penalty – Capital punishment standards set by the United Nations;
2. Reclusion Perpetua – life imprisonment, a term of 2. To enhance the rehabilitation and
20 – 40 years imprisonment reformation of inmates in preparation for
3. Reclusion Temporal – 12 years and 1 day to 20 their eventual reintegration into the
years imprisonment mainstream of society upon their release;
4. Prision Mayor – 6 years and 1 day to 12 years and
5. Prision Correctional – 6 months and 1 day to 6 3. To professionalize jail services.
years POWERS: The Bureau shall exercise supervision and
6. Arresto Mayor – 1 month and 1day to 6 months control over all district, city and municipal jail to
7. Arresto Menor – 1 day to 30 days ensure ‘ a secured, clean, sanitary and adequately
8. Bond to keep the peace – discretionary on the part equipped jail for the custody and safekeeping of city
of the court and municipal prisoners, any fugitive from justice or
persons detained awaiting investigation or trial and/or
The Modern Period of Correction Modern Penal transfer to national penitentiary, and any violent,
Management incorporates general principles of mentally-ill person who endangers himself or safety
treating offenders that are based on humane of others.
practices such as the following: FUNCTIONS: In line with its mission, the Bureau
1 Jail or Prison rules shall be applied endeavors to perform the following:
impartially without Discrimination on ground a) Formulate policies and guidelines on the
of race, color, language, religion or other administration of all district, city and municipal jails
opinion, national or social origin, property, nationwide;
birth or other status. b) Formulate and implement policies for the
2 The religious belief and moral precepts not programs of correction, rehabilitation and treatment
contrary to law, which the prisoner holds of inmates;
must be respected. 3. Prison or Jail rules c) Plan and program funds for the subsistence
and regulations shall be applied with allowance of inmates; and
firmness but tempered with understanding. 4. d) Conduct researches, develop and implement plans
Custodial force shall, at all times, conduct and programs for the improvement of jail services
themselves as a good examples throughout the country.
3 Abuse or indecent language to prisoners
shall not be used. Principles of the BJMP:
4 Special care towards inmates shall be 1. It is the obligation of the jail
practiced preventing humiliation or authorities to confine offenders safely and
degredation. 7. No use of force must be provide rehabilitative programs that will
made by any of the custodial force, except in negate criminal tendencies and restore their
self defense or attempt to escape or incase positive values to make them productive and
of passive physical resistance to a lawful law abiding citizens.
order. 2. No procedure or system of
5 Custodial force shall bear in mind that correction shall deprive any offender of hope
prisoner are sick people who need treatment. for his ultimate return to the fold of the law
and full membership in society.
JAILS AND OTHER INSTITUTIONS FOR DETENTION 3. Unless provided otherwise, any
MISSION STATEMENT person accused of a criminal offense shall
The BJMP ensure public safety by providing quality be presumed innocent and his rights, as a
jail management services in all district, city and free citizen shall be restricted, except for
municipal jails through efficient and humane such indispensable restraints during his
mechanism for the safekeeping and development of confinement in the interest of justice and
inmates. public safety.
VISION 4. Offenders are human being entitled
The Bureau of Jail Management and Penology to the same basic rights and privileges
envisions a dynamic and responsive institution, which enjoyed by citizens in a free society, except
upholds professional jail services to promote public that the exercise of these rights are limited
safety. or controlled for security reasons.
5. Health preservation and prompt

13
treatment of illness or injury is a basic right 1. Command Group - Chief BJMP - Deputy
of every person confined in jail and it is the C/BJMP - Chief of Staff
duty of jail facilities to arrange for their 2. Coordinating Staff Group
treatment subject to the security measures. • Administrative Division
6. Members of the custodial force • Operation Division
shall set themselves as examples by • Logistic Division
performing their duties in accordance with • Finance Management Division
the rules and respect the laws duly • Research Plans and Program
constituted autorities. Division
7. No jail personnel shall be abusive, • Inspection and Investigation
insulting, indecent languages on the Division
offenders. 3. Special Staff Groups
8. No jail personnel shall use • General Service Unit
unnecessary force on offenders except for • Health Services Unit
legitimate self-defense or in cases of • Chaplain Services Unit
attempted active and passive physical • Community Services Unit
resistance to a lawful order. • Finance Services Unit
9. No penalty shall be imposed upon • Hearing Office
any offender for violation of 4. Personal Staff Groups
rules/regulations unless in accordance in ● Aide-de-Camp
duly approved disciplinary procedures.
● Intelligence Office
10. Penalties to be imposed shall not
be cruel, inhuman, or degrading, and no ● Public Information Office
physical punishment shall be employed as a ● Legal Office
correctional measure. ● Adjudication Office
11. Members of the custodial force ● Internal Audit
must be understand that the offenders need
Regional Office: At the Regional Level, each Region
treatment and counseling and the primary
shall have a designated Assistant regional Director for
purpose of the confinement is for
Jail Management and Penology.
safekeeping and rehabilitation.
Provincial Level: In the Provincial Level, there shall be
12. When conducting routinely
designated a Provincial Jail Administrator to perform
custodial guarding, the ratio of 1:7, or one
the same functions as the ARDs province wide.
guard for every 7 offenders shall be
District Office: In the District Level, where there are
observed.
large cities and Municipalities, a district jail with
13. When the offender is in transit, the
subordinate jails, headed by a Warden may be
ratio 1:1+1 for every offender shall be
established as necessary.
observed. In case of high risk offender that
City and Municipal Office: cleanliness and
demands extra precaution additional guards
beautification of jail compound.
shall be employed. This manning level shall
Mittimus Computing Branch
be national in
scope for effective jail administration. ● Tasked to receive court decisions
ORGANIZATION AND KEY POSITIONS, and compute the date of the full completion
ESTABLISHMENT OF DISTRICT, CITY AND of the service of sentence of inmates.
MUNICIPAL JAILS: ● Mittimus – Is a warrant issued by
The Bureau of Jail Management and Penology, also the court directing the jail or prison
referred to as the jail Bureau, was created pursuant to authorities to receive the convicted offender
Section 60, RA 6975, and initially consisting of for service of sentence imposed or for
uniformed officers and members of the Jail detention.
Management and Penology Service as constituted D. SECURITY GROUPS:
under Presidential decree 765. The Bureau shall be - The security groups provides a system of sound
headed by a Chief with the rank of Director, and custody, security and control of inmates and their
assisted by a Deputy Chief with the rank of Chief movements and also responsible to enforce prison or
Superintendent. jail discipline.
The Central Office is the Command and Staff HQ of 1. Escort Platoon
the Jail Bureau composed of 3 Command Groups, 6 a. Escort Section – to escort the inmate upon
Coordinating Staff Divisions, 6 Special Staff Groups order of any judicial body; upon the summon
and 6 Personal Staff Groups namely: of a court; or transfer to other penal
institutions.

14
b. Subpoena Section – receives and distribute the prisoners.
court summons, notices, subpoenas, etc. 5. The Chaplain – encourage the
2.Security Platoon – a three 3 working platoon shifts prisoner to participate in religious activities.
responsible for over all security of the jail compound 6. The Medical Officer – conducts
including gates, guard post and towers. They are also physical examination and recommends
responsible for the admitting and releasing unit. medical treatment of the prisoners.
E. REHABILITATION PURPOSES GROUPS: 7. Custodial – Correctional Officer-
- This group provides services and assistance to recommends the transfer and type of
prisoners and their families to enable them to solve custody of inmates.
their individual needs and problems arising from the
prisoner’s confinement. THE QUARANTINE CELL OR UNIT
1. Medical and Health Service Branch - Provides This may be a unit of the prison or a section of the
medical and physical examinations of inmates upon RDC where the prisoner is given through physical
confinement, treatment of sick inmates and conduct examination including blood test, x-ray, vaccinations
medical and physical examinations and provide and immunity. This is for the purpose of insuring the
medicines or recommends for hospitalization of prisoner is not suffering from any contagious disease,
seriously ill prisoners or inmates. It also conducts which might be transferred to the prison population.
psychiatric or psychological examinations.
2. Work and Education Therapy Services - It charge of DEFINITION OF TERMS As used in the Bureau of Jail
the job and educational programs needed for Management and Penology Manual, the following
rehabilitation of inmates by providing them job terms are defined:
incentives so they can earn and provide support for a) Commitment Order – A written order of the
their families while in jail. court or any other competent authority
3. Socio- Cultural Services - It takes care of the social consigning an offender to a jail or prison for
case work study of the individual prisoners by making confinement.
interviews, home visits, referral to community b) Contraband – Any article, item, or thing
resources, free legal services, and laison works for prohibited by law and/or forbidden by jail
the inmates. rules.
4. Chaplaincy Services - It takes charge for the c) Escape – an act of getting out unlawfully
religious and moral upliftment of the inmates through from confinement or custody by an inmate.
religious services. These branch caters to all religious d) Instrument of Restraint – A device,
sects. contrivance, tool or instrument used to hold
5. Guidance and Counseling Services - Responsible back, keep in, check or control an inmate; ex
for the individual and group counseling activities to handcuffs, leg irons.
help inmates solve their individual problems to help e) Jail – A place of confinement for inmates
them lead a wholesome and constructive life. under investigation, awaiting or undergoing
trial, or serving sentence.
THE RECEPTION AND DIAGNOSTIC CENTER (RDC) f) Mittimus – A warrant issued by a court
This is a special unit of prison ( Camp Sampaguita - bearing its seal and signature of the judge,
Medium Security Prisoners) where new prisoners directing the jail or prison authorities to
undergo diagnostic examination, study and receive inmates for custody or service of
observation for the purpose of determining the sentence imposed therein.
programs of treatment and training best suited to g) Penology – A branch of criminology, which
their needs and the institution to which they should be deals with management and administration
transferred. of inmates.
It is composed of the following staff members: h) Rehabilitation – A program of activity
1. The Psychiatric – responsible in the directed to restore an inmate’s self-respect
examination of the prisoner’s mental and thereby making a law-abiding citizen after
emotional make- up. serving his sentence.
2. The psychologist – responsible to i) Safekeeping – The temporary custody of a
conduct study on the character and behavior person for his own protection, safety or care;
of the prisoners. and/or his security from harm, in jury or
3. The Sociologist – study the social danger for the liability he has committed.
case situation of the individual prisoner. j) Inmate - Either a prisoner or detainee
4. The Educational Counselor – confined in jail.
conducts orientation classes to in order to k) Detainee – A person accused before a court
change inmates attitudes towards education or competent authority who temporarily
and recommends educational program for

15
confined in jail while undergoing maximum- security prisoners in case they
investigation, awaiting final judgment. escape.
l) Prisoner – An inmate who is convicted by ● It consist of groups of prisoners who may be
final judgment and classified as insular, allowed to work outside the fence or walls of
provincial, city or municipal prisoner. the penal institution under guards or with
m) Instrument of restraint - An instrument used escorts.
to hold back, keep in, check or control an ● They occupy the medium security prisoner
offender. (camp Sampaguita) and they wear blue
n) Classification – refers to the assigning or color of uniform. Generally, they are
grouping of inmates according to their employed as agricultural workers.
sentence, gender, age, nationality, health, ● It includes prisoners whose minimum
criminal record and others. sentence is less than 20 years and life-
sentence prisoners who served at least 10
Composition of Jail Classification Board years inside a maximum security prison.
1. Assistant Warden – Chairman **Minimum Security Prisoners
2. Security Officer – Member
● A group of prisoners who can be reasonably
3. Medical Officer
trusted to serve sentence under open
4. Jail Chaplain
condition. - This groups includes prisoners
5. Social Worker
who can be trusted to report to their work
assignment without the presence of guard.
The classification board shall be tasked with the
● They occupy the minimum security prison
gathering of information and other data of every
(Camp Bukang Liwayway) and wear brown
inmate into a case study to determine the work
color uniforms.
assignment, type of supervision and degree of
custody and restrictions. ● minimum security institution, the purpose of
fencing the surrounding is: to keep away the
The disciplinary board is tasked to investigate the civilian entering the institution
facts of the alleged misconduct referred by the
warden. CLASSIFICATION OF DETAINEES – The three (3)
The board is authorized to impose any of the types of detainees are those a) Undergoing
following disciplinary punishment : investigation; b) Awaiting or undergoing trial ; and c)
a. Reprimand Awaiting final judgment.
b. Temporary or permanent cancellation of some or
all recreational privileges. RECEPTION PROCEDURES
**Maximum Security Prisoners The following procedures should be observed:
a. The Jail Desk Officer shall carefully check
● The group of prisoners whose escape could
the credentials of the person bringing in the
be dangerous to the public or the security of
inmate to determine his identity and
the state.
authority.
● It consist of the constant troublemakers but
b. He shall examine carefully the arrest report
not as dangerous as the super maximum-
and the authenticity of the commitment
security prisoners. Their movements are
order or Mittimus in due form to determine
restricted and they are not allowed to work
whether the inmate has been committed
outside the institution but rather assigned to
under legal authority as provided for by
industrial shops with in the prison compound.
Section 3 Rule XIII, Rules of Court.
● They are confined at the Maximum Security c. The admitting officer or jailer shall search
Prison ( NBP Main Building ), they wear carefully the inmate for weapons and other
orange color of uniform. contraband.
● Prisoners includes those sentenced to serve d. The admitting officer or jailer shall take all
sentence 20 years or more, or those whose cash and other personal property from the
sentenced are under the review of the inmate or detainee. Properly receipt the
Supreme Court, and offender who are fellow property of inmates in duplicate.
offenders or staff members. (high degree of e. All cash and valuables of inmate must be
control and supervision, those sentenced to turned over to Property Custodian or Trust
death, or those whose minimum sentence is Officer for safekeeping.
twenty (20) years imprisonment.) f. The inmate shall then be fingerprinted and
**Medium Security Prisoners his photograph taken.
● Those who cannot be trusted in open
conditions and pose lesser danger than

16
g. The admitting officer or jailer shall as may be necessary for hygienic or sanitary
accomplish a jail booking report in four (4) reasons.
copies. v. The Warden shall submit the “Agreement” or
h. The newly admitted inmate shall be “Certification”, as the case may be, to the
thoroughly strip search followed by a careful proper court before the date set for the
examination of his clothing for contraband. arraignment of the detainee and same shall
He shall be checked for body vermin, cuts, form part of the records of the case.
bruises and other injuries. w. Full time credit for the preventive
i. The Jail Physician or the Local Health imprisonment shall commence from the
Officer shall immediately conduct a thorough date of the “Agreement”.
medical examination of the inmate. MANNER OF RELEASING
j. When it is not possible for the Jail Physician a. Prisoner may be released by:
to be in attendance during the admission of 1) Service of Sentence;
the inmate, the receiving officer shall 2) Order of the Court;
observe the mental alertness, overall 3) Parole;
appearance and physical abnormalities or 4) Pardon;
appearance of rashes or other identifying 5)Amnesty;
marks of the individual and note them in the a. Any lawful order of competent authority.
inmate’s booking report. b. If feasible, an inmate shall be notified of his release
k. A medical record shall be accomplished by at least one week before the date of such discharge;
the jail physician or Local Health Officer c. Before the inmate is released he shall be properly
showing the condition of the inmate at the identified to ensure that he is the same person
time of admission, and, to include, if possible, received and to be released. His marks and
his medical history. fingerprints shall be verified with those taken when he
l. A social case study shall be made by a social was received.
worker as a basis for the inmate’s d. No inmate shall be released on a mere verbal order
classification and proper segregation. or by telephone.
m. The sentenced prisoner shall be provided e. An inmate shall be released promptly and without
with clothing. The detainee, for his own unreasonable delay.
safety, may be allowed to wear civilian f. Under proper receipt, all money earned and other
clothes. valuables held in trust when first admitted, shall be
n. As soon as possible, the inmate should be returned to the inmate upon release.
briefed or oriented on the jail rules and g. The released inmate shall be issued a Certificate of
regulations. Discharge from jail by the Warden or Jailer.
o. The Jail Warden shall establish and maintain CUSTODY, SECURITY AND CONTROL,
prison record of all inmates. MOVEMENT AND TRANSFER OF PRISONERS AND
p. Upon completion of the reception DETAINEES
procedures, the inmate shall be assigned to CONCEPT: The overall concept of jail security
his quarters. operations encompasses both prevention and
q. If available, the inmate should be issued all rehabilitation. These two efforts are inseparable as
the materials that he will be using during his neither can be accomplished without the other. Jail
confinement. security is necessary to safeguard the lives of people
r. Detainee is presumed innocent and shall be residing within the vicinity, those managing the jails,
treated as such. If possible, he shall be and inmates whose lives are to be rehabilitated to
segregated from convicted prisoners. become constructive members of the society.
s. If the inmate agrees to abide by the same DUTIES OF THE CUSTODIAL FORCE
disciplinary rules imposed upon convicted Members of the custodial force shall have the
prisoners, he shall be asked to manifest his following duties and responsibilities:
“Agreement” in writing. a. Supervise and maintain order and discipline of
t. Any violation, failure or neglect to perform inmates in housing units, those assembled for
his assigned work shall be considered religious services, entertainment and athletics, during
sufficient cause for the cancellation of the meals, classes, work details, baths and visits;
“Agreement” and shall not be treated as b. Censor offender’s mail;
sentenced prisoner and cease to earn the that no utensils are brought out of the dining room.
privilege granted. c. Forks, spoons and other kitchen utensils should be
u. An inmate who is covered by a “Certification” checked and accounted for after every meal.
shall not be required to work but he may be
made to polish his cell or perform other work

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MAIL CENSORSHIP LEAVES FROM JAIL
Communication with relatives, friends and lawyers are Leaves from jail shall be allowed only on very
encouraged among inmates through correspondence. meritorious cases, like the following:
However, this privilege will be extended to inmates a. Death or serious illness of spouse, father, mother,
subject to following regulations: brother or sister, or children; and
a. Duly designated censor, a member of the custodial b. Inmates who are seriously ill/injured may be given
force will maintain and record all incoming and leave for hospitalization or medical attendance under
outgoing mails of inmates; proper escort.
b. The inmate’s mail shall be opened and searched REHABILITATION SERVICES
only by qualified, trained and authorized jail personnel; PURPOSE – To change inmates’ pattern of criminal
c. Letters containing currency, checks or money behavior and reform them into a law-abiding and
should be marked with the amount enclosed and productive citizens through the implementation of
deposited with the Trust Officer or Property Custodian. rehabilitation programs in jails.
d. All greeting cards should be carefully examined and TREATMENT PROGRAMS – The treatment of
fillers of any kind found therein should be collected inmates shall be focused on the provision of services
for laboratory examination; designed to encourage them to return to the fold of
e. Photographs clearly within the scope of the jail justice and enhance their self-respect, dignity and
regulations should be marked on the reversed side sense of responsibility as follows:
and placed in the envelop; a. Provisions for basic needs of inmates;
f. Prison slang, unusual nicknames and sentences b. Health services
with double meaning should be carefully studied and c. Education and skills training;
analyzed to determine the real meanings; d. Religious services, guidance and counseling
g. All letters containing statements concerning the services;
security or reputation of the jail, like attempts of e. Recreation, sports, and entertainment;
escape, smuggling of contraband and statement that f. Work programs, such as livelihood projects;
may affect the rules and regulations etc., shall be g. Visitation services; and
forwarded to the Officer-in-Charge of mail censorship; h. Mail Services.
h. All letters passed by censors should bear the
stamp at the top of each page and on the envelope. THE TREATMENT PROGRAMS
i. Contents of inmate’s mail should not be discussed A. The institutionalized Treatment Programs
with other jail personnel, except for official purposes; 1. Prison Education – the cornerstone of
MOVEMENT/TRANSFER OF INMATES rehabilitation. It is the process or result of the formal
a. Maximum security measures shall be observed at training in School or classrooms intended to shape
all times in proving escort to non-bailable inmates the mind and attitude of prisoners toward good living
following the ration of one is to one plus one (1:1+1) upon their release.
security. 2. Work Programs – these are programs conducive to
b. Inmates in transit should always be handcuffed. change behavior in morale by training prisoners for
c. Regard all non-bailable inmates being transferred useful occupation. It is purposely to eliminate
as extremely dangerous to avoid being careless. idleness on the part of the prisoners, which may
d. Always escort an inmate in going to a toilet or contribute to “ Prison Stupor” , and it affects the
washroom. incidence of prison riot.
e. Escort personnel must have issued firearm and at 3. Religious Service in Prison – the purpose of this
least one (1) basic load of ammunition. program is to change the attitude of the inmates by
f. Guards/escorts must follow the most direct route inculcating religious values and belief.
from jail to court and back. 4. Recreational Programs – the only program that is
g. Escort should provide their own drinks to avoid conducted during free time schedule.
being drugged that would affect their sensorium. 5. Medical and Health Service – medical and health
h. High-risk inmates should have back-up vehicle and services includes: Mental and Physical examination
personnel to preempt rescue and/or abduction. Diagnostic and Treatment – Immunization – Sanitary
i. A guard must be extra careful not to sit, stand or – Inspection – Participation in training
walk next to an inmate while carrying a gun as it can 6. Counseling and Casework
be easily grabbed from him.
j. Movement or transfer of inmates shall be treated PROVINCIAL AND SUB-PROVINCIAL JAILS Provincial
confidentially. Jail System was first established in 1910 under
k. Transporting prisoners by hired vehicle should American Regime. Each of the seventy-six (76)
proceed uninterrupted while passing along the provincial jails supervised and control by their
highway. respective provincial government.

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Sub-Provincial Jails. There are twenty-one (21) sub- -An agency directs, supervise and control the
provincial jails and it was also established and administration and operation of all district, city, and
constructed by the Provincial Government to house municipal jails to implement a better system of jail
prisoners whose prison term ranges from six (6) management nationwide
months and one (1) day to three (3) years and other
inmates undergoing court proceedings. **Inmates shall be served three (3) meals a day and
NATIONAL PENITENTIARIES breakfast shall be serve after the previous day’s
(Bureau of Corrections) ORGANIZATION The Bureau dinner for not more than 14 hours.
of Corrections is under the Department of Justice. It
is headed by the Director of Corrections, who is **Minimum of 5 times in counting the inmates on a
authorized to exercise command, control and daily basis
direction of the following prison facilities and staff
offices: **The duration of viewing the deceased relative shall
be for a period of three (3) hours, provided that the
Sub Colonies of Sablayan Prison (Central, Pasugui, place is within the radius of 30 km.
Pusog, Yapang)
**Prison labor for female inmates shall be supervised
Color Uniform for Detainees (Gray) only by women officers and shall be assigned to work
only in these situations: (Suitable to her age and
Mode of confinement for Child in-conflict with law is physical condition)
in BAHAY PAG ASA
**Commitment - the entrusting for confinement of an
**Nuisance Contraband - an items not classified as inmate to jail by a competent court or authority, for
illegal under the Philippine laws but are forbidden by purpose of investigating the individual’s offense or
jail rules. transgression of the law.
** 30 days that an inmate be transferred to the
** Construction strategy separation and placement center to prepare him for
An approach in Correctional Administration focuses re-entry into free society before his scheduled date of
on building new facilities to meet the demand for release.
prison space for an advantageous prison
management.
** Inmate who has been six months permanently
** Those person who has met a penalty of 4 years to assigned to work in prison may receive
8 years of imprisonment will serve their sentence on compensation credits at rate prescribed by the
PENAL COLONY. director. He can use the credit of his trust and can
purchase of 1/2 portion of his needs from such
** Search/Searching - mandatory upon admission of earnings
a person deprived of liberty during which the items
found considered as contraband. (involves the ** Assistant warden - chairman of the classification
frisking of the prisoner) and disciplinary board for jails.

** Corporal Punishment ** Operation Greyhound - An operation conducted by


- is any punishment in which physical force is used the BJMP and Bureau of Corrections wherein a
and intended to cause some degree of pain or prisoner maybe checked at any time his beddings,
discomfort. lockers and personal belongings may also be opened
at any time, in his presence, whenever possible.
**Directorate for Reception and Diagnostics
- is responsible for receive, study and classification of ** Cost Economy Measure Award - award is given to
inmates and detainees committed to the Bureau. BJMP personnel whose contribution resulting savings
- Scheme of DRD is to ensure that an inmate will not in terms of man hours or benefit the agency or
acquire other criminal’s skills brought about by his government.
exposure.
** Main objective of segregation of prisoner:
*** 5 Days is the ideal number of days for an inmate Prevention of physical and moral contamination
to be placed in the quarantine unit at the Directorate
for Reception and Diagnostics ** A prisoner having served 1-2 years of his sentence
is given a reward for good conduct, diligence and
**Bureau of Jail Management and Penology loyalty of 20 days of GCTA

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"BJMP" - Bureau of Jail Management and Penology;
Section 2. Deductible Good Conduct Time Allowance.
(GCTA)- A qualified prisoner, whether detained or "BUCOR" - Bureau of Corrections (Position -Director
convicted by final judgment, shall be entitled to the with the rank of Undersecretary & it has 3 deputies)
following deductions from his sentence for good
conduct; "Chief" - Chief of BJMP; It has 2 deputies

1. During the first two (2) years of "Commitment Order" - a written order of a court of
imprisonment, he shall be allowed a law or any other competent authority committing a
deduction of (20) twenty days for each person to jail or prison for confinement;
month of good behavior during detention;
"Convicted Prisoner" - a person who has undergone
2. During the (3rd)third to the (5th)fifth year, trial and who has been convicted by a final judgment
inclusive, of his imprisonment, he shall be by a court of law or tribunal, for the felony or offense
allowed a reduction of (23) twenty-three he committed;
days for each month of good behavior
during detention; "Correctional Facility" - a prison or jail;

3. During the following years until the "Counsel" - a lawyer tasked or requested to assist a
(10nth)tenth years, inclusive of his detention prisoner in explaining the provisions of
imprisonment he shall be allowed a Article 29 of the Revised Penal Code regarding the
reduction of twenty-three days for each benefit of credit for preventive imprisonment;
month of good behavior during detention;
"Destierro" - a penalty in which a person shall not be
4. During the (11th)eleventh and successive permitted to enter the place or places designated in
years of his imprisonment, he shall be the sentence, or within the radius therein specified,
allowed a deduction of thirty (30) days for which shall not be more than 250 and not less than 25
each month of good behavior during kilometers from the place designated;
detention.
"Detainee" - an offender who is accused before a
** PRISON - A type of institution for the confinement court of law or competent authority who is under
of convicted offenders sentenced to more than three preventive imprisonment or temporarily confined in
(3) years. jail or prison will undergoing investigation or trial or
awaiting final judgment;
** Disciplinary Board- they are charged for the hearing
of a disciplinary case in prison. "Detainee's Manifestation" - a written declaration of a
detained prisoner, with the assistance of a counsel, to
** DSWD - an agency has the right to interfere for abide by the same disciplinary rules imposed upon a
infant’s care if the mother fails to place the baby in a prisoner for the purpose of availing the full credit of
home of her own the period of his preventive imprisonment;

**Chief of BJMP - has authority to appoints a Jail "Detainee's Waiver" - a written declaration of a
Inspector to Jail Superintendent (Jail Officer I to Jail detained prisoner, with the assistance of a counsel,
Officer IV) stating his refusal to abide by the same disciplinary
rules imposed upon a convicted by final judgment and
thus be entitled to a credit of four-fifths (4/5) of the
** time during his preventive imprisonment;

SECTION 1. Definition of Terms.- As used herein, the "Director - Director of the BUCOR;
following terms shall mean:
"Felony" - an act or omssion defined and penalized
"Act" - shall refer to Act No. 3815, otherwise known as under the provisions of the Revised Penal Code, as
the Revised Penal Code, as amended; ameded;

"Accused" - an offender who is under detention and "Reprimand" - the least punishment for any infraction
against whom a Criminal Complaint or Prosecutor's of the rules/regulation of a Penitentiary.
Information has been filed in a court law;

20
"Good Conduct" - refers to the conspicuous and The Provincial Governor (for the Provincial Jails).
satisfactory behaviour of a detention or convicted
prisoner consisting of active involvement in "Recidivist" - a person who, at the time of his trial for
rehabilitation programs, productive participation in one crime, shall have been previously convicted by
authorized work activities or accomplishment of final judgment of another crime embraced the same
exemplary deeds coupled with faithful obedience to title of the Revised Penal Code, as amended.
all prison/jail rules and regulations;
"Special Time Allowance for Loyalty" (STAL) - a
"Good Conduct Time Allowance" (GCTA) - a privilege granted to a prioner, whether detained or
priviledge granted to a prisoner, whether detained or convicted by final judgment, who has evaded
convicted by final judgment, entitling him to a preventive imprisonment or service of sentence under
reduction of his jail or prison term for every month of the circumstances cited in Article 158 of the Revised
actual detention or service of sentence as a reward Penal Code, as amended, and surrendered to the
for good conduct and exemplary behavior; authorities within forty-eight (48) hours following the
proclamation announcing the passing away of the
"Habitual Delinquent" - a person who, within a period calamity or catastrophe referred to in the said article
of ten (10) years from the date of release from prison in the form of a deduction of
or last conviction of the crimes of serious or less aa.
serious physical injuries, robbery, theft, estafa, and "Time Allowance for Study, Teaching and Mentoring -
falsification, is found guilty of any of said crimes a a privilege granted to a prisoner, whether detained or
third time or oftener; convicted by final judgment, as a reward for having
earned a post-graduate degree or college degree, a
"Jail" - a detention or correctional facility managed by certificate of completion of a vocational or technical
the BJMP or the local government unit mandated by skills or values development course, a high school or
law to safekeep and rehabilitate a prisoner who is elementary diploma or to one serving his fellow
under preventive imprisonment or who is sentenced prisoner as teacher or mentor while incarcerated,
to not more than three (3) years of imprisonment by equivalent to a deduction of a maximum of fifteen (15)
order of a court of law or competent authority; days for every month of study or mentoring services;
and
"Offense" - a criminal act defined and penalized by
special law; "Warden" - the head of the district, municipal and city
jails under the BJMP or of the provincial and sub-
"Operations Manual" - also referred to as "Manual of provincial jails under the Office of the Provincial
Operations", a document of all pertinent issuances Governor
and laws which deal with the adminsration and ---responsible for the direction, coordination, and
management of jail or prison and the treatment and control, this includes the security, safety, discipline
discipline of a prisoner in a detention or correctional and well-being of the inmates
facility;
**Imprisonment - offender is incarcerated for the
Preventive Imprisonment" - is a tempory confinement purpose of protecting the public against criminal
in jail or prison while undergoing investigation or trial activities and at the same time rehabilitating the
awaiting final judgment; prisoners by requiring them to undergo institutional
treatment programs.
"Prison" - any correctional facility managed by the
BUCOR to safekeep and rehabilitate a prisoner ** Conjugal visits - visit by the wife for a short period,
convicted by the final judgment, whose sentence usually an hour, more or less, to her incarcerated
exeeeds three (3) years, or who is sentenced to serve husband during whom they are allowed privacy and
two (2) or more prison, terms and whose aggregated are generally understood to have sexual contact.
sentences exceed three (3) years; or more than 3 yrs.
** Diversification by Sex - a women prisoners should
"Proper Authority" - shall refer either to: be placed in a special building on the same site with
the men’s prison.
The Secretary of the Department of Justice (for the
BUCOR), ** Diagnosis - prisoners are examined and tests are
administered to check on the physical and mental
The Secretary of the Department of the Interior and condition of the prisoners.
Local Government (for the BJMP),

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** The primary objective of the Custodial and
Security Division: Implement Discipline

**Things you should know before releasing of


prisoners: PROPERLY IDENTIFY the prisoner.

**Prison work assignments are usually given to


prisoners at early morning hours

** CLASSIFICATION - determinines the needs and


requirements of prisoners for assigning them to
programs according to their needs and existing
resources.

**DIVERSIFICATION - Proper Segregation of


Prisoners.
- principle of separating homogenous type of
prisoners that requires special treatment and custody.

** Contagion- A condition in which prison inmates


kept together without any attempt to divide them the
involvement of crime, would transmit to each other
means and techniques to commit further crimes once
outside of prison.

**Child in Conflict with the Law - A person under


eighteen (18) years old who is alleged as, accused of
or adjudged as having committed an offense.

**Infant born inside the prison may be allowed to


stay with the mother for a period of 1 year.

**Insular/National Prisoners classification of


sentenced prisoner who are penalized to suffer
imprisonment of 3 years and 1 day to life
imprisonment

**Upon arrival and before admission, an inmate is


given a “shakedown”- examination for contraband.

****The following are authorized under R.A 10592,


whenever lawfully justified to grant allowances for
good conduct.

1. Director of the Bureau of Correction


2. The Chief of the BJMP
3. Warden City, Provincial, District or Municipal
Jail

**Correctional Officer is responsible to escort an


inmate & keep a distance of not less than 10 paces
steps from the inmates.

**Costudial Force - responsible for the maintenance


of discipline as well as ensuring safety of the inmates
and preventing escapes and riots.

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