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Law Enforcement/Police - Its function is to conduct investigation on the alleged crime

committed by a person; to arrest or detain violators of the penal law or an ordinance; to
affect the warrant issued by the court; and to assist the complainant to file a case.

Prosecution – This refers to the evaluation of the findings of the police submitted to their
office. The complaint filed by the victim is received, preliminary investigation is conducted,
and information gathered is filed and submitted to the court. It represents or acts as the
legal prosecutor of the offended party.

Court – Conducts cross-examination of the witness before the issuance of the warrant
(either warrants of arrest or search warrant), conducts arraignment, and holds trial before
giving final decision on the case.

Correction - Considered the weakest component of the criminal justice system. Its function
is to reform the convicted offender through the rehabilitation program inside the
correction.

Community – Helps and coordinates the program of the government specifically on the
maintenance of peace and order.
Non-Institutional based Correction - also known as Community based correction, refers to
correctional activities that may take place within the community or the method of
correcting sentenced offenders without having to go to prison.

RATIONALE FOR NON INSTITUTIONAL CORRECTION

1. Humanitarian Aspect – Imprisonment is not always advisable. Placing a person to

custodial coercion is to place him in physical jeopardy, thus drastically narrowing his
access to sources of personal satisfaction and reducing his self-esteem.
Imprisonment leads to other problems related to an offender’s stigmatization and
desocialization. Often, prisons thwart the offenders’ potential for growth and
excellence, and spawn dependence and mistrust on their part instead. Prisons
usually alienate offenders from their family, friends and acquaintances. Due to
overcrowding, prisons lead to dehumanizing conditions, which make
reintegrationand resocialization even more difficult.
2. Restorative Aspect – There are measures expected to be achieved by the offender,
such as an establishment of a position in the community in which he does not violate
the laws. These measures may be directed at changing and controlling the offender.
The failure of the offender to achieve these can result in recidivism.
3. Managerial Aspect – Managerial skills are of special importance because of the
sharp contrast between the per capita cost of custody and any kind of community
program. It is easier to manage those undergoing community based treatment
programs than that of custodial control. The burden of maintaining an entire prison
bureaucracy is eliminated in community based treatment. The cost of assisting and
supervising offenders is supplemented and complemented by existing community
resources and infrastructures, which are otherwise not present in institutional
arrangements.

ADVANTAGES OF COMMUNITY BASED CORRECTION

1. Community based correction can ease jail and prison crowding by allowing
convicted offenders the chance to complete a drug program, boot camp, or other
corrections program, and are thus another form of cost savings.
2. Family members need not be victims also for the imprisonment of a member
because the convict can still continue to support his/her family
3. Rehabilitation will be more effective as the convict will not be exposed to hardened
criminals in prisons who will only influence him to a life of crime.
4. Rehabilitation can be monitored by the community thus corrections can be made
and be more effective.
 5. It is less costly on the part of the government. Cost of incarcerations will be
eliminated which is extremely beneficial on the part of the government
6. Community based sanctions provide offenders opportunities to repay their victims
and their communities

TYPES OF COMMUNITY BASED SANCTIONS

1. Probation- it is considered as a least severe sanction, and may be used in

conjunction with suspended sentence and other options. Offenders meet with their
probation officers periodically, either in person or via call-in supervision.
2. Intensive Supervision – it is an enhanced version of probation, where offenders have
increased contact with their probation officers. Normally, the contacts begin with
three to five times a week with regular drug and alcohol screenings. Contacts are
diminished as offenders demonstrate success on this option.
3. Restitution and Fines – this option typically used in conjunction with probation or
may be used as stand-alone sanctions. It is the most commonly used sanction.
Restitution is the repayment of the offender to victims who have suffered financial
losses as a result of the offender’s crime.
4. Community Service – this option typically used in conjunction with probation or may
be used as stand-alone sanctions. It requires the offenders to voluntarily donate
their time back to serving their community.
5. Substance Abuse Treatment – referrals are often provided when the offense either
includes some substance or there is evidence during the intake process that an
offender needs such referral.
6. Day Reporting Centers – it requires the offenders to report to a centralized location
on a daily basis to receive treatment and/or education.
7. House Confinement- It is a program that requires offenders to remain in their homes
except for approved periods of absence commonly used in combination with
electronic monitoring.
8. Halfway House- it is used in residential settings. Offenders are required to remain in
the house at night but are allowed to obtain employment in their respective
communities. Its goal is to provide offenders with a temporary period of highly
structured and supportive living so that they will be better prepared to function
independently in the community upon discharge.
9. Boot Camp- It incorporates rigorous military style punishments. It is designed as a
short term residential option whereby offenders are given acceptable punishment
and discipline.
10. Diversion- A process whereby an alleged offender (usually a juvenile delinquent) is
“turned away” from further movement into the justice system.
HISTORY OF COMMUNITY BASED CORRECTION

Early alternative sanctions

1. Sanctuary

Sanctuary is one of the earliest forms of leniency, and came into two forms: secular and religious.

Secular Sanctuary existed through the various cities or regions that were set aside as a form
of neutral ground, safe havens from criminal prosecution. Accused criminals could escape
prosecution by fleeting to these cities and maintaining residence there.

Religious Sanctuaries began during the 4th century and were grounded in European
Christian beliefs that appealed to the kind of mercy of the church. It consisted of a place, usually a
church or monastery, where the king’s soldiers were forbidden to enter for the purpose of taking an
accused criminal into custody.

2. Benefit of Clergy

Benefit of Clergy was initially a form of exemption from criminal punishment that was
provided for clergy in Europe during the 12th century. This alternative to typical punishment
required church representatives to be delivered to church authorities for punishment, avoiding
criminal processing through the secular court system.

3. Judicial Reprieve

During the latter part of 1700’s, Judicial Reprieves were used at the full discretion of judges,
in cases where they did not believe that incarceration was proportionate to the crime or where no
productive benefit was expected. It simply suspended sentences of incarceration as an act of mercy
or leniency.

4. Recognizance

Recognizance or binding over for good behavior, is a method of assuring good behavior
extended at an early date to a person charged with or convicted of misdemeanor and was used in
addition to or in substitutions for other punishment.

It involves the use of a bond or obligation entered into by a defendant, who is bound to
refrain from doing, or is bound to do, something for a stipulated period, and to appear in court on a
specific date of trial or for final disposition of the case.

HISTORY OF PROBATION

 Probation
Is a correctional method under which the sentences of selected offenders may be conditionally
suspended upon the promise of good behavior and agreement to accept supervision and abide by
specified requirements.

 Matthew Davenport Hill

He was considered as a Father of Probation in England. Hill supported the concept of supervision of
certain offenders while in the community. If the crime was minor, the juvenile was not viewed as
congenitally amoral, and there was hope for rehabilitation, and needs the supervision of a guardian.

He viewed supervision as consisting not merely of law enforcement monitoring the behavior of the
offender, but also as providing social service assistance.

 John Augustus

John Augustus, the “Father of Probation,” is recognized as the first true probation. A good deal of his
time was spent in attempting to reform alcoholics, and he generally used the pledge to refrain from
alcoholic beverages as a tool in his efforts at rehabilitation officer.

 Killits Decision

In 1916, the U. S. Supreme Court held that a federal judge was without power to suspend a sentence
indefinitely. This famous court decision led to the passing of the National Probation Act of 1925,
thereby, allowing courts to suspend the imposition of a sentence and place an offender on probation
which is known as the Killits Decision.

 Probation of Offenders Act 1907

An act of the United Kingdom Parliament, commonly referred to as just the Probation Act.

It established probation officers in the U.K. This act allows courts to suspend punishment and
discharge offenders if they enter into a recognizance between one and three years, one condition of
which was supervision by a person named in the probation order.

 Probation Act of 1925

The Probation Act of 1925, signed by President Calvin Coolidge, provided for a probation system in
the federal courts in the United States (except in the District of Columbia). It gave the courts the
power to suspend the imposition or execution of sentence and place defendants on probation for
such period and on such terms and conditions as they deemed best. The Act also authorized courts
to appoint one or more persons to serve as probation officers without compensation and one
salaried probation officer.
HISTORY OF PHILIPPINE PROBATION

Provisions for Juvenile Probation

• Article 80 of the Revised Penal Code since its enactment in 1932.

• Presidential Decree No. 603, December 10, 1974 known as the Child and youth Welfare Code

• Presidential Decree No. 1179

• Republic Act No. 6425 or the Dangerous Drugs Act of 1972

INTEGRATION OF ADULT PROBATION

 Act No. 4221 on August 7, 1935

Created a Probation Office under the Department of Justice, and provided probation for first
offenders 18 years of age and above who were convicted of certain crimes.

 Congressman teodulo C. Natividad and Cong. Ramon D. Bagatsing

- introduced house Bill No. 393 was filed in the Congress with the purpose of establishing a
probation system in the country.

 Congressman Teodulo C. Natividad

- Father of Probation in the Philippines.

- former NAPOLCOM commissioner and former Congressman of Bulacan.

INSTITUTIONALIZATION OF PROBATION

 Presidential Decree No. 968 (PD 968)

- signed July 24, 1976 - President Ferdinand E. Marcos

- Adult Probation Law of 1976

- It created the Probation Administration

- Congressman Teodulo C. Natividad was appointed as its first Administrator

 Executive Order No. 292 or the Administrative Code of 1987

- Probation Administration became Parole and Probation Administration (PPA)

- Expanded PPA’s mandate to include supervised treatment of released prisoners, who after serving
a part of their sentence are released on parole or granted presidential pardon with parole
conditions.

NON-INSTITUTIONAL CORRECTION IN THE PHILIPPINES

1. Probation

It is a privilege granted by the court to a person convicted of a criminal offense to remain in the
community instead of actually going to prison / jail.

2. Parole

It is the conditional release of a prisoner from a correctional institution after serving the minimum
period of prison sentence.

3. Executive Clemency

Under Section 19, Article VII of the Constitution, the President may grant reprieves, commutations
and pardons, and remit fines and forfeitures, after conviction by final judgment. Executive clemency
rests exclusively within the sound discretion of the President.

4. Suspended Sentence for First-time minor Drug Offender (FtmDO)

It is availed only once by an accused drug dependent who is a first-time offender over fifteen (15)
years of age at the time of commission of the violation of Section 15 of RA 9165 (Comprehensive
Dangerous Drugs Act of 2002) but not more than eighteen (18) years of age at the time when
judgment should have been promulgated.

5. Major Rehabilitation Programs

It is the “meat and bone” of community -based correction. PPA employs community-based
intervention through a three pronged approach:

 Restorative Justice (RJ),

 Therapeutic Community (TC), and
 Volunteerism through Volunteer Probation Assistant (VPA)
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Therapeutic Community Modality

Rehabilitation - is defined as a set of interventions designed to optimize functioning and

reduce disability in individuals with health conditions in interaction with their environment.

A Person Deprived of Liberty (PDL) - a detainee, inmate, or prisoner, or other person under
confinement or custody in any other manner.

Penology - also known as Penal Science, is the division of criminology that concerns itself
with the philosophy and practice of society in its efforts to repress criminal activities.

THE NELSON MANDELA RULES

The United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the
Nelson Mandela Rules, provide States with detailed guidelines for protecting the rights of persons
deprived of their liberty, from pre-trial detainees to sentenced prisoners.

The Rules are based on an obligation to treat all prisoners with respect for their inherent dignity and
value as human beings, and to prohibit torture and other forms of ill-treatment.

Basic Principles of the Nelson Mandela Rules

Rule 1
All prisoners shall be treated with the respect due to their inherent dignity and value as
human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture
and other cruel, inhuman or degrading treatment or punishment, for which no circumstances
whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service
providers and visitors shall be ensured at all times.

Rule 2
The present rules shall be applied impartially. There shall be no discrimination on the
grounds of race, color, sex, language, religion, political or other opinion, national or social origin,
property, birth or any other status. The religious beliefs and moral precepts of prisoners shall be
respected.

Rule 3

Imprisonment and other measures that result in cutting off persons from the outside world
are afflictive by the very fact of taking from these persons the right of self-determination by
depriving them of their liberty. Therefore the prison system shall not, except as incidental to
justifiable separation or the maintenance of discipline, aggravate the suffering inherent in such a
situation.
Rule 4

The purposes of a sentence of imprisonment or similar measures deprivative of a person’s

liberty are primarily to protect society against crime and to reduce recidivism. Those purposes can
be achieved only if the period of imprisonment is used to ensure, so far as possible, the reintegration
of such persons into society upon release so that they can lead a law-abiding and self-supporting life.

Rule 5

The prison regime should seek to minimize any differences between prison life and life at
liberty that tend to lessen the responsibility of the prisoners or the respect due to their dignity as
human beings.

GOALS OF CRIMINAL SENTENCING

Sentences are punishments for convicted defendants. Imposition of sentences is a judicial function
to be performed by sentencing courts. The function of sentencing courts is to impose a sentence
upon each offender that is appropriate to the offense and the offender.

Criminal sentencing can range from probation and community service to prison. Different types of
sentences are designed to meet different goals. The goals are:

 Retribution - It refers to the act of setting a punishment for someone that fits It focuses on
the punishment of lawbreakers and the compensation of victims. The severity of the
punishment is proportionate to the seriousness of the crime. It is based on the concept of
lex talionis or the law of retaliation the crime.
 Incapacitation - It refers to the act of making an individual incapable of committing a crime
by execution or banishment, and in more modern times by execution or lengthy periods of
incarceration.
 Deterrence - It is the use of punishment to stop potential criminals from committing crimes.
It is based on the principle that criminals would choose to break the law only after
considering the risks and rewards of their actions. When the punishment for committing a
certain crime outweighs the reward, then the criminal will not commit the crime.
 Restoration - It is the process where victims, offenders, and communities affected by a
particular offense meet to find a way to restore or make amends for the harm resulting from
an offense.
CONCEPTIONS OF CRIMINAL REHABILITATION

There are five conceptions of rehabilitation of PDLs, they are based on its aim

1. Rehabilitation as Anti-Recidivism - Rehabilitation may share with incapacitation and specific

deterrence the aim of preventing people from committing future crimes, so its aim is not a
distinctive feature. Rather, its distinctive feature lies in how it gets there, that is, in the
means used to achieve this end. Incapacitation seeks to reduce the likelihood of recidivism
through rendering it physically impossible, for example, by separating the offender from
potential victims, or killing the

2. Rehabilitation as Harm-Reduction - Punishment can be justified even when it does not hav
any general deterrent effects, because it may rehabilitate the offender, that is, reduce the
likelihood that the offender will perform actions that ‘either cause serious setbacks to well-
being, or pose a great risk of doing so. It aims at improving offenders’ responsiveness to
prudential and moral reasons

3. Rehabilitation as Therapy - The aim of rehabilitation overlaps with those of clinical medicine
specifically, given the focus on mental illnesses and deficits, clinical psychiatry. As with
standard medical treatments, the aim of curing or ameliorating the deficit may be
instrumental to the further aim of benefitting the individual. However, other further aims
are also possible. These may include, for example, preventing re-offending, protecting the
public, or advancing the social good.

4. Rehabilitation as Moral Improvement - Punishment is justified as a way to prevent

wrongdoing insofar as it can teach both wrongdoers and the public at large the moral
reasons for choosing not to perform an offense.

5. Rehabilitation as Restoration - Rehabilitation is a matter of restoring the offender’s social or

moral standing in society or his social or moral relations with others, or fostering the
capacities needed for such restoration. This could include social and vocational capacities as
well as moral ones.
 HISTORY OF REHABILITATIVE AND REFORMATIVE APPROACH

CESARE BECCARIA

His main contribution in the field of correctional services is that he was the first person to assert that the
punishment should be in proportion to the harm done. Beccaria emphasized the importance of certainty
and of promptness in punishment if it were to be effective.

According to him there must be a reasoned balance between the seriousness of the crime and the
punishment imposed

SAMUEL ROMILLY

English legal reformer whose chief efforts were devoted to lessening the severity of English criminal law.

He devoted his life to advocating on behalf of the lower classes and worked to reform England’s criminal
law by abolishing capital punishment for minor crimes. He strongly criticized the Doctrine of Maximum
Severity.

ZEBULON BROCKWAY

Father of Prison Reform and the Father of American Parole

He advocates a program designed to educate and reform prisoners rather than punish them. He
promotes indeterminate sentencing, as well as the development of the precursor to the modern parole
system.

ROBERT MARTINSON

Martinson’s work attempted to assess the effectiveness of various prison reforms, particularly those
aimed at rehabilitating criminal offenders and reducing recidivism. To provide answers about what
works in the way of correctional rehabilitation, He reviewed the available evidence from existing studies
of offender treatment. In the end, his essay painted a picture of modern rehabilitation that could only
be characterized by widespread failure.

Some of his findings were:

1. There are some correctional services which rely only on some specific methods like psychoanalysis.
Even though it is one of the important methods which is used in rehabilitative services, completely
basing on this method will not serve the purpose of all the offenders who need rehabilitation.

2. The authorities most of the time use their rehabilitative correctional services to change those
behaviors of the offender which are not the actual cause of their deviant act.
3. In most of the rehabilitative correctional services the employees who offer these services are not
adequately skilled enough to provide those services.

MARK LIPSEY AND FRANCIS CULLEN

According to them the actual problem in the rehabilitative correctional services can be summarized as:

1. The rehabilitative correctional services are not scientifically up to date at many times.

2. The authorities do not use the available research to determine what works of a particular criminal and
then implement the same on that particular criminal.

3. The third most important issue is the attitude of the staff members of these services. These staff
members merely rely on their own convenience in treating the offenders. They only use the customary
techniques in these services and justify it by saying that “we have done it in this way and there is no
reason to change it”. They also rely on some ill ideologies or mindsets like “the criminals are scumbags,
why waste time and money on them.

THERAPEUTIC COMMUNITY MODALITY

TCM is a self-help social learning treatment model used for clients with problems of drug abuse and
other behavioral problems such as alcoholism, stealing, and other anti-social tendencies. It provides
dynamic “mutual self help” environments in which residents transmit or reinforce one another’s
acceptance of and conformity with the highly structured and stringent expectations of the community.

WHAT IS A THERAPEUTIC COMMUNITY?

It is an environment that helps people get help while helping others. It is a treatment environment: the
interactions of its members are designed to be therapeutic within the context of the norms that require
for each to play the dual role of client therapist.

THERAPEUTIC COMMUNITY MODALITY

The Philippines is employing Therapeutic Community Modality (TCM) to effect the rehabilitation and
reintegration of probationers, parolees, pardonees, first-time minor drug offenders (PPA, n.d.), and PDLs
(BJMP, 2015) as productive, law-abiding and socially responsible members of the community.

ACTIVITIES IN THERAPEUTIC COMMUNITY MODALITY

Individual and Group Counseling

This activity intends to assist the clients in trying to sort out their problems, identify solutions, reconcile
conflicts and help resolve them. This could be done either by individual or group interaction with the
officers of the assigned agency.
Moral, Spiritual, Values Formation

Seminars, lectures or training offered or arranged by the designated agency comprise these
rehabilitation activities. Active NGOs, schools, civic and religious organizations are tapped to facilitate
the activities.

Work or Job Placement/Referral

Categorized as an informal program wherein a client is referred for work or job placement through the
officer’s own personal effort, contact or information.

Health, Mental and Medical Services

To address some of the basic needs of clients and their families, medical missions are organized to
provide various forms of medical and health services including physical examination and treatment, free
medicines and vitamins, dental examination and treatment, drug dependency test and laboratory
examination.

Literacy and Education

In coordination with LGU programs, adult education classes are available to help clients learn basic
writing, reading and arithmetic. Likewise, literacy teach-ins during any sessions conducted for clients
become part of the module. This is particularly intended for clients who are “no read, no write” to help
them become functionally literate.

Community Service

This program refers to the services in the community rendered by clients for the benefit of society. It
includes tree planting, beautification drives, cleaning and greening of surroundings, maintenance of
public parks and places, garbage collection, blood donation and similar socio-civic activities.

Client Self-Help Organization

This program takes the form of cooperatives and client associations wherein the clients form
cooperatives and associations as an economic group to venture on small-scale projects. Similarly, client
associations serve another purpose by providing some structure to the lives of clients where they
relearn the basics of working within a group with hierarchy, authority and responsibility much like in the
bigger society.

Payment of Civil Liability

The payment of civil liability or indemnification to victims of offenders are pursued despite the economic
status of clients. Payment of obligations to the victims instills in the minds of the clients their
responsibility and the consequences of the harm they inflicted to others.
Environment and Ecology Awareness Programs

To instill awareness and concern in preserving ecological balance and environmental health,
seminars/lectures are conducted wherein clients participate. These seminars/ lectures tackle anti-smoke
belching campaigns, organic farming, waste management, segregation and disposal and proper care of
the environment.

Sports and Physical Fitness

Activities that provide physical exertion like sports, games and group play are conducted to enhance the
physical well being of clients. Friendly competition of clients from the various offices of the sectors,
together with the officers, provide an enjoyable and healthful respite.