24/07/2026 23:50

PCJS CH5

Correction
General Function:
1. To maintain the institutions.
- The correctional component is responsible for maintaining prisons, jails, and other institutional
facilities to receive convicted offenders sentenced to periods of incarceration;

2. To protect law abiding members of society.

- Correction is responsible for providing custody and security in order to keep sentenced
offenders removed from the free world so that they cannot commit further crimes on society;

3. To reform offenders.
- Corrections is responsible developing and providing services to assist incarcerated offenders
to reform and assist them in returning to society and in leading a non-criminal life after his/her
release;

4. To deter crimes.
- Corrections is responsible for encouraging incarcerated and potential offenders to lead
law-abiding lives. 186

Entry of Correctional institutions: As a rule, when the conviction of the accused has become final
and executory. That is, when the judicial process has been completed and the court issues a
MITTIMUS for the enforcement of its decision.
Mittimus - is a warrant issued by a court bearing its seal and the signature of the judge directing the
jail or prison authorities to receive the convicted offender for service of sentence.

On the other hand, correctional institutions, jails in particular, may receive an accused for custody or
detention only, in which case the court issues a COMMITMENT ORDER.
Commitment order - is a written order of a court or authority consigning a person to jail or prison for
detention.

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Purposes of Corrections
1. Deterrence
2. Rehabilitation
 3. Reintegration
4. Isolation and Incapacitation
5. Punishment.

Deterrence is one of the most meaningful principles of corrections. Its concept is that punishing the
criminal will reduce the incidence of criminal behavior in a society.

2 major applications of deterrence

Concept of general deterrence
- This can be thought of as the power of criminal law and the agencies of criminal justice to deter
offenders from committing crimes. The threat of arrest, conviction, and imprisonment then prevents
a person from committing a crime, which in the absence of these sanctions might otherwise commit

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Concept of special deterrence

- This form of deterrence, theoretically, is designed to prevent further crimes by someone who
has already experienced the sanctions imposed by the law through the mechanisms of the courts
and imprisonment.

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Rehabilitation - goal in this purpose links the criminal behavior with abnormality or some form of
deficiency in the criminal. It assumes that human behavior is the product of an antecedent causes
and that to deal effectively with any deviant behavior, these various cases must be identified- be
they physical, moral, mental, social, vocational or academic.

Once the problems have been diagnosed and classified for treatment, the offender can be corrected
by the right psychological therapy.

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Reintegration - model is a more practical and realistic extension of the rehabilitative philosophy.
Like the rehabilitative model, it views the offender as needing help-but at the same time it
recognizes that criminal behavior is often the result of disjunction between the offender and the
society.

The reintegrative model realizes that society and the individual are inseparable, and therefore the
offenders' environment is also emphasized. If the offenders are to be helped, then they must be
assisted in coping with the forces of the everyday environment to which they will return upon release
from prison.
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Isolation and incapacitation - idea of incapacitation rests on the idea that convicted criminals
should be rendered physically unable to continue their criminal acts- whether this is accomplished
by imprisonment and thereby the removal of the individual from society or by the imposition of death
penalty in criminal cases.

In contrast, isolation is the major impetus behind the exile and the method of transportation of
dealing with the offender.

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Punishment - general concept is that it is the infliction of some sort of pain on the offender for
violating the law. In the legal sense, it is more of an individual redress or personal vengeance.

Punishment therefore defined as the redress that the state takes against the offending member.
Punishment is also a form of disapproval for certain behaviors that is followed by the imposition of
penalty. Punishment makes the offender stigmatized and penalized.

Justification of punishment:
(a) Retribution-or personal vengeance
(b) Expiation or Atonement
(c) Deterrence
(d) Protection
(e) Reformation.

Limitation of punishment:
1. Makes the criminal cautious in concealing his criminal activities resulting to unsolved crimes;
2. Stigmatizes the criminal and isolates him from society;
3. Makes him a martyr or a hero;
4. Develop in the criminal an anti-social grudge and strong resentment to authority;
5. Punishment does not deter, repair damage to society or reconstruct the personality of the
offender.

Trends of punishment:
1. Developments of exemptions
2. Executive Clemency
3. Decline in the severity of punishment
4. Growths of modifications in imprisonment
5. Indeterminate Sentence
 6. Suspended Sentence or Reprieve
7. Probation
8. Conditional Pardon
9. Short Sentences and
10. Fines.

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Power of Executive Clemency

- is a tacit admission that human institutions are imperfect and that there are infirmities in the
administration of justice. The power, therefore, exists as an instrument for correcting these
infirmities and for mitigating whatever harshness might be generated by an excessively harsh or
strict application of the law.

Forms of executive clemency:

1. Reprieves
2. Commutations
3. Pardons
4. Remission of fines and forfeitures and
5. Amnesty

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Reprieve - postpones the execution of an offense to a later date.

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Commutation - is a remission of a part of the punishment; a substitution of a less penalty for the one
originally imposed.

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Remission of fines and forfeitures - the term suggests it is self-explanatory. However, it merely
prevents the collection of fines or the confiscation of forfeited property.

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Pardon - is an act of grace, proceeding from the power entrusted with the execution with the laws,
which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime
he has committed. Xxx.

A Pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without
acceptance. It may then be rejected by the person to whom it is tendered; and if it be rejected, we
have discovered no power in a court to force it on him. 203

2 Kinds of Pardon:
(a) Absolute Pardon when the convict is released without any condition;

(b) Conditional Pardon when the release of the convict is subject to certain conditions that the
pardonee must comply with strictly. Otherwise, such pardon will be revoked. This is so, because
pardon is a contract which the convict may or may not accept, but once accepted, he has to abide
with the conditions prescribed.

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Amnesty - commonly denoted the general pardon to rebels for their treason and other high political
offenses," or the forgiveness which one sovereign grants to the subjects of another, who have
offended by some breach of the law of nations.

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Indeterminate sentence
- a kind of correction and rehabilitation where the focus is on the early release of the sentenced
prisoner after serving the minimum of his sentence as previously determined by the court based on
the guidelines provided by law.

The release from prison is dependent on the offender's rehabilitation and readiness for reintegration.

The release date is determined on how quickly the offender is progressing in his rehabilitation and
depending on the judgment of the Parole Board.

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Parole
- a procedure by which prisoners are selected for release on the basis of the individual response to
the correctional institution and the service progress and by which they are provided with the
necessary controls and guidance as they serve the remainder of their sentences within the free
community. 206

Elements:
(a) That the offender has been convicted;
(b) That he served part of his sentence in prison;
(c) That he will be released before the full expiration of his sentence;
(d) That said release is conditional; and
(e) That he remains on parole until the expiration of his maximum sentence.
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Probation
- 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.

Purpose:
(a) Promote the correction and rehabilitation of an offender by providing him with individualized
treatment;

(b) Provide an opportunity for the reformation of a penitent offender which might be less probable if
he were to serve a prison sentence; and

(c) Prevent the commission of offense,

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Penology
- treatment of criminals.

Corrections
- branch of the criminal justice system charged with the custody, supervision and rehabilitation of a
convicted offender.

Areas of Correction:
1. Institutional Based Corrections and
2. Non-Institutional Based Corrections.

Institutional Corrections / Custodial Branches of National Bilibid Prison (NBP)

1. The New Bilibid Prison at Muntinlupa City;
2. San Ramon Prison and Penal Farms, San Ramon, Davao;
3. Iwahig Prisons and Penal Farms located at Iwahig, Palawan;
4. Leyte Regional Community-based corrections, Leyte;
5. Davao prison and Penal Farms, Davao;
6. Correctional Institutions for Women, Mandaluyong City;
7. Sablayan Prison and Penal Farms, Sablayan, Oriental Mindoro

Alternatives to Confinement or Community-based corrections

(a) Elimination from the jails of those who belong elsewhere such as those to be at the mental
hospital, training schools, foster homes or to the care of the social welfare;
(b) Adoption of the restorative justice's concept of intervention and diversion programs;

(c) Payment of fines instead of imprisonment;

(d) Extensive use of probation;

(e) Establishment of more farm units and the forestry camps for minimum security prisoners serving
short sentences;

(f) Delayed sentence this is a procedure which permits a prisoner to pursue his normal job during the
week and return to the jail to serve his sentence during non-working hours.

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Jails
- integral parts of the criminal justice system. Although it is considered as a sub-system of the
corrections component, it plays a far more important role than the classification would suggest.

Jails serve as the portal to the criminal justice system. It is an important indicator of the interest and
concern with justice, punishment, and rehabilitation expressed by society and the local community.

Confined in it:
(a) Those who cannot post bail either because they cannot afford the required bond or the services
of a bail bondsman or who have been denied bail by the courts, while waiting for their trial.

(b) Those who are convicted of a crime and sentenced to serve an imprisonment of up to three years;

(c) Those who are sentenced to serve a prison sentence of more than three years while awaiting
state transfer to the Bureau of Prisons.

Most frequent form of incarceration: Jails are the most frequently experienced form of
incarceration. There is no exact data on the number of prisoners admitted in jails, but certainly it is
many times the number of prisoners received in prisons. (Tradio, 1999)

Defects of present day jails:

1. Inadequate, deteriorated, outmoded building, including failure to plan new construction at a long-
term basis;
2. Inefficient personnel to provide safe and suitable supervision;
3. Overcrowding and lack of classification system;
4. Unsanitary conditions, both as to equipment and the management;
5. Existence of unnecessary idleness owing to lack of construction work program;
6. Failure or lack of constructive use of prisoners' time due to improper educational and recreational
programs.
7. Substandard food services and failure to meet standards on management and nutrition;
8. Inadequate medical services;
9. Lack of uniform and record statistics.

Effect of overcrowding in jails: in some important ways be worse than prison overcrowding. Jails are
not adequately set up to house inmates for long periods of time. Hence, few programs are available
to prisoners. Even such minimum considerations as recreational facilities are absent in most jails.
This also results to more idleness of inmates. They are densely packed together with no recreational
outlet, work programs, or other activities; thus pressures begin to mount and the potential for
problems increases.

The only mitigating factor is that inmates in jails are typically less dangerous in a relative overall
sense than those who have been sentenced to prisons. Yet this appears to be changing.
Increasingly, jails, like prisons, are being populated with more hardened and serious crime offenders.

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Jail in relation to the CJS

With the police: The relationship of the jail to the police is one of accommodation and necessary
cooperation. The jail has the responsibility to accept any prisoner who is legally arrested and can be
legally received and detained. Because the jails hold the accused until the formal machinery of
criminal justice begins to move, jail personnel and the police must work together.

With the Courts: The jails and the courts must also work in close cooperation. The court both
influences the jail's activity and in turn is dependent on the jails' successful handling of the court
imposed workload.

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Types of Jail
(a) LOCK UP - this is a security facility; usually operated by the police stations, for the temporary
detentions of persons held for investigation or awaiting preliminary investigation before the
prosecutor;

(b) ORDINARY JAIL - The place of confinement for detention prisoners and sentenced prisoners
serving short sentences;

(c) WORKHOUSES, JAIL FARMS or CAMP - These institutions house the minimum custody offenders
serving short sentences.

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Classifications of Prisoners
MUNICIPAL PRISONERS - Those whose sentences are from one day to six months (Municipal Jail).
PROVINCIAL PRISONERS - Those whose sentences are from six months and one day to three years.
( Provincial Jails)

CITY PRISONERS - Those whose sentences are from one day to three years. ( City Jail)
INSULAR PRISONERS - Those whose sentences are more than three years to death penalty.
( National Bureau of Prisons in Muntinlupa.)

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Community-based Corrections
Community-based corrections apply not only to changes in the traditional location and use of
prisons but also to the inclusion of specific correctional efforts within this new design. The
government is forced to consider community-based corrections as an alternative to imprisonment.
This is probably the result of an effort to relieve the pressure of an overcrowding.

Prison administrators have realized that massive and isolated prisons do not provide the best setting
for correctional efforts. To achieve the correctional goals of imprisonment, institutional programs
and inmates must interact more with the society.

In essence, the basic idea behind community-based corrections is DIVERSION: directing offenders
away fromthe traditional process of imprisonment. DIVERSION means diverting incarcerated
offenders to special programs and institutions instead of warehousing them in a conventional
prison.

Known common types of community-based corrections programs:

Work release - In this program, selected inmates are released from the institution during the day to
go to their job in the community while spending daily after-work hours on weekends in confinement.

Academic-Pass or steady-release - This is similar to work-release in that inmates are permitted to

leave the institution to attend school and return to prison or community facility after class.

Conjugal and Family Visitation - In this program, the spouse and in some instances the children of
the inmate are permitted to visit a special facility of the prison. Usually, a separate section of the
prison or small cottages are made available and the inmate may have the privacy and engage in the
physical phase of the conjugal relationship.

Home Furlough - In this program, the inmate returns home for a few days without supervision. This is
intended to build a solid base of community and family support before the inmate walks out the front
gate of the prison.

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Good Conduct Time Allowance

This is an allowance given in consideration for the good conduct of the prisoner and as a motivation
for his good behavior while serving his sentence. These allowances are granted by the Director of
Prisons and once given cannot be revoked.

In essence, for good conduct of the prisoner, a number of days are deducted from the length of years
that prisoners have been sentenced to serve.

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Correctional Discretion
1. To determine the prison institution where the offender will be imprisoned;
2. To determine the types of the programs to which the offender will be imprisoned;
3. To determine the degree of custody;
4. To award privileges;
5. To grant or deny "good time;"
6. To punish for disciplinary infractions;
7. To make recommendations to the parole board.