MODULE 1 – INSTITUTIONAL CORRECTIONS

Learning objectives:

At the end of this lesson, that learners should be able to:

1. Discuss correction and the two approaches to correction, imprisonment, and inmate
2. Differentiate the Probation, Parole, Pardon, arbitrary detention, and illegal detention

INTRODUCTION

For Criminal Justice System purposes, the term correction, corrections, and correctional are words
describing a variety of functions typically carried out by government agencies and involving the punishment,
treatment, and supervision of persons who have been convicted of crimes, these functions are commonly given
through institutional and non-institutional approaches. A correctional system, also known as a penal system,
thus refers to a network of agencies that functions related to rehabilitating convicted persons through either
institution-based or community-based corrections.

Correction is also the name of a field of academic study concerned with theories, policies, and programs
pertaining to the practice of corrections. Its object of study includes personnel training and management as well
as the experiences of those on the other side of the fence – the unwilling subjects of the correctional process.

The terminology changed in US academia from “penology” to “corrections” occurred in the 1950s and
1960s, and it was driven by a new philosophy emphasizing rehabilitation. It was accompanied by some changes
in some prisons, like giving more privileges to inmates and attempting to instill a more communal atmosphere.
At least nominally, most prisons became correctional institutions, and guards became correctional officers.
Although the corrections-related terminology continued thereafter in US correctional practice, the philosophical
views on offenders’ treatment took an opposite turn in the 1980s, when the "get tough” program was labeled by
academics as “The New Penology”.

Correction is a branch of the administration of criminal justice responsible for the correction and
rehabilitation of those persons, who are after the observance of due process, found violated penal law by a
competent judicial authority.

As a component of the criminal justice system, correction occupies a crucial role in rehabilitating
convicted persons through the development of individualized treatment programs which are responsive to the
needs of their clients and within the prescribed standards of existing laws and the United Nations.

The ultimate goal of Correction is to reform and rehabilitate convicted individuals and restore them to
their prior status before the commission of the crime, as law-abiding citizens.

What is Correction?

Correction – is that branch of the administration of criminal justice charged with the responsibility for the
custody, supervision, and rehabilitation of those who judicially found violated criminal law.

Correction is in a view of reorientation or re-instruction of the individual with the purpose of preventing a
repetition of unlawful activities without the necessity of taking punitive action.

Two (2) Approaches of Correction

1. Institutional Correction (institution-based Correction) – rehabilitation or correctional programs take

place inside correctional facilities or institutions such as national penitentiaries and jails.
2. Non-institutional Correction (Community-based Correction) – rehabilitation or correctional programs
take place within the community. This otherwise refers to a community-based correction. In this
approach, the convict will not be placed or released from correctional facilities or jails.
2.1 community-Based correction Programs
 a. Probation – is a disposition, under which an accused after conviction and sentence, is released
subject to the conditions imposed by the court and to the supervision of a probation officer.
b. Parole – a conditional release from prison of a convicted person upon service of the minimum of
his indeterminate penalty.
c. Pardon – a form of executive clemency that is exercised exclusively by the Chief Executive.
Pardon may be given conditionally (conditional pardon) or unconditionally (absolute pardon).
For the purpose of non-institutional correction, it is the Conditional Pardon with parole
conditions is under consideration.

Agencies of the Government charged with correctional responsibility

1. Bureau of Correction (BuCor)

2. Bureau of Jail Management and Penology (BJMP)
3. Board of Pardon and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub-provincial Jails

Note:

➢ It should be remembered that the adult criminal justice system is not applicable to minors, instead, it
should be the juvenile justice system under RA 9344 as amended.

Imprisonment

Imprisonment is defined as the act of confinement of a person in prison; restraint of one’s personal
liberty; forcible detention of a man’s person or his movements.

Imprisonment is the commitment to an institution, commitment to prison, confinement, custody, detainment,

detainment in custody, held in captivity, held in restraint, in captivity, in custody, in jail, incarceration,
internment, keep behind bars, kept as captive, kept in captivity, kept in custody, kept in detention, kept under
arrest, locked up, put behind bars, put in a cell, put under restraint, sent to jail, sent to prison.

CONSTITUTIONAL LIMITATION OF THE GOVERNMENT TO PUNISH CRIMINALS:

Legal Rights against unlawful imprisonment or detention

One of the most protected rights of an individual is his right to liberty this is expressly provided for
under the 1987 Constitution, which states, “No person may be deprived of lives, LIBERTY and property without
due process of law”. Considering that the constitution is not a self-executing law, the Revised Penal Code
provides punishments not only to public officers violating this constitutional right of an individual but also to
private persons as well.

Difference between Arbitrary Detention and Illegal Detention

ARBITRARY DETENTION ILLEGAL DETENTION

Article 124, RPC Article 267-268, RPC
Unlawful detention of a person committed by public Unlawful detention of a person committed by a
officers or officials. private person

Note:

➢ Arbitrary detention under Article 124 of the Revised Penal Code should be further differentiated from
the delay in delivery of detained person to proper judicial authority under Article 125 of the same Code.
➢ In Arbitrary detention, it is sufficient that a public officer or employee, without legal ground, detains a
person. Hence, an important element is a detention without any legal ground.
➢ In Delay in delivery of detained person to proper judicial authorities, the detention is with some legal
grounds however, it became unlawful only when a public officer or employee shall fail to deliver the said
person to proper judicial authority within the period prescribed by article 125 of Revised Penal Code.
➢ The prescribed periods under Article 125 are as follows:
 1. 12 hours for crimes and offenses punishable by light penalties
2. 18 hours for crimes and offenses punishable by correctional penalties; and
3. 36 hours for crimes or offenses punishable by afflicted of capital penalties, or their equivalent
➢ Unlawful arrest under Article 269, elements:
1. That the offender arrests or detains another person;
2. That the purpose of the offender is to deliver him to the proper authorities; and
3. That the arrest or detention is not authorized by law or there is no reasonable ground thereof.

Considered Legal Grounds for Detention of any person

1. Commission of a crime.
2. Violent insanity or any other ailment requiring compulsory confinement in a hospital.

Note:

➢ Under the government’s exercise of police power, those persons who are infected with contagious
diseases may likewise be separated from the rest of the population.

Inmate defined

Inmate - a person committed to jail/prison by a competent court or authority for any of the following reasons:

1. To serve a sentence after conviction

2. Under an ongoing trial
3. Under investigation

Notes:

➢ The court is said to be competent when it has the jurisdiction to try and decide on a particular case.
➢ Requisites for the valid exercise of Criminal Jurisdiction.
a. There must be jurisdiction over the subject matter;
b. There must be jurisdiction over the territory; and
c. There must be jurisdiction over the person of the accused
➢ Aside from courts, there are other authorities that can commit a person to jail like Boards and
commissions and even police authorities within limited periods.

General Category of Inmates

1. Sentenced prisoners (prisoners) – are persons who are convicted by final judgment of the crime
charged against them;
2. Detention prisoners (detainee) – are persons who are detained for the violation of law or ordinance and
have not yet been convicted; and
3. Persons held for investigation or safekeeping

Note:

➢ Safekeeping – is the temporary custody of a person or detention of a person for its own protection or
care, to secure from liability to harm, injury, and danger.

When Judgment of conviction in Criminal Case becomes Final

➢ After the lapse of the period for perfecting an appeal which is fifteen (15) days.
➢ When the sentence has been partially or totally satisfied or served;
➢ When the accused expressly waives in writing his right to appeal;
➢ When the accused applies for probation.

Classification of Sentenced Prisoners

1. Insular prisoner – a person who is sentenced to serve a prison term of over three (3) years and is also
known as a “National Prisoner”.
2. Provincial prisoner – one who is sentenced to a prison term of six (6) months and one (1) to three years
3. City prisoner – a person who is sentenced to serve a prison term of one (1) day to three (3) years.
 4. Municipal prisoner – a person who is sentenced to serve a prison term of one (1) day to six (6) months.

Note:

➢ The classification enumerated above is based on the duration of imprisonment of the convicted person.

Inmates Security Classification

The inmate’s security classification utilized by the BJMP is different from what is being used by the
BuCor.

BJMP CLASSIFICATION BUCOR CLASSIFICATION

1. High-Risk Inmates 1. Super
2. High Profile Inmates 2. Maximum
3. Ordinary Inmates 3. Medium
4. Minimum
BJMP Classification

➢ High-Risk Inmates in BJMP Jails- are those considered as highly dangerous or with a high probability of
escaping or being rescued because of the gravity of the crimes they are accused of or have a propensity
for being troublemakers or initiators of jail riots and disturbance and who require a high degree of
control and supervision.
➢ High Profile Inmates - someone or something that is well regarded and attracts a lot of interest.

Suggested Alternatives for detention and imprisonment

1. Wider use of bail and other approved methods of release from custody.
2. Elimination from the jail and prison of those who should be elsewhere like those mentally ill and
juveniles.
3. Payment of fines instead of imprisonment if penal law permits.
4. Extensive use of Community-based correction approaches like probation, Parole, and Conditional
Pardon.
5. Use of the delayed sentence. This is a procedure, which permits an incarcerated inmate to pursue his
normal job during the week and return to the jail or prison facility to serve sentence during non-working
hours. In the Philippines, delayed sentence is not being applied.