General Ability (50%): Verbal, Analytical and Numerical

Specialized Area (50%)

Respect for the Inherent Dignity of Persons Deprived of Liberty

Medical and Health Services

Investigations of Deaths and Torture in Custody

Protection of Vulnerable Groups

Access to Legal Representation

Complaints and Independent Inspection
Training of Staff

Rights and Privileges of Persons Deprived of Liberty (PDL) (10%)

Rights and Privileges of PDL

BJMP Welfare and Development Programs

Therapeutic Community Modality Program

Paralegal Services

PRISONERS
- a list of mails for inmate is posted
Prison - institution for person convictedof major/serious crimes
Prisonization - new inmates absorbs the custom of prison society

Prison record - information of inmate

Prison education - cornerstone of rehabilitation

Bridgwell - popular workhouse in London built for employment

Domets of France - colony for deliquent boys

Maritime Prison - Roman place of confinement

Panoptican Prison - cicular building prison never built
Galley - single deck ships used as prison
San Ramon prison and penal farm - prisoners in 1870’s confined

Abandoned Warships - Hulks, Floating Hall, Heel Holes

Solitary Confinement - convict is placed inside one cell alone

Auburn Prison system - confined in cells during night and work in shops during day

Alexander Maconochie - introduced Mark System-prisoners earn to be entitled for leave or conditional release
John Howard - great prison reformer

Mayhalique State site for boys training city jail

Classification of Prisoner:
1. Detention prisoner - undergoing investigatio,n, awaiting or undergoing trial, awaiting final judgment
2. …

7 PENAL INSTITUTIONS IN THE PHILIPPINES

1. The New Bilibid Prison in Muntinlupa CityThe New Bilibid Prison in Muntinlupa, Philippines, is the
maininsular penitentiary designed to house the prison population of thePhilippines. It is maintained
by the Bureau of Corrections (BuCor) underthe Department of Justice. As of October 2004, it has an
inmate population of16,747. The penitentiary had an initial land area of 551 hectares. Onehundred
four hectares of the facility were transferred to a housing project ofthe Department of Justice. The Bureau of
Corrections has its headquarters inthe NBP Reservation.

3. The Correctional Institution for Women (CIW) in MandaluyongCity / and The CIW Mindanao,
Panabo, DavaoThe Correctional Institution for Women (CIW) is a women's prisonlocated in
Mandaluyong, Metro Manila, Philippines. The prison is operated bythe Bureau of Corrections.
CIWM is the most recent facility organized in the Bureau of Corrections. Itwas only inaugurated in September
18, 2007, the second institution whichbranched out from the first and only penal establishment
dedicated inrehabilitating female offenders. (The first, which was founded in 1932 is theCorrectional
Institution for Women situated in Mandaluyong City, MetroManila). It was during the incumbency
of Secretary of Justice Agnes VSTDevanadera when it was formally opened

2. The Correctional Institution for Women (CIW) in MandaluyongCity / and The CIW Mindanao,
Panabo, DavaoThe Correctional Institution for Women (CIW) is a women's prisonlocated in
Mandaluyong, Metro Manila, Philippines. The prison is operated bythe Bureau of Corrections.CIWM is the
most recent facility organized in the Bureau of Corrections. Itwas only inaugurated in September 18, 2007, the
second institution whichbranched out from the first and only penal establishment dedicated
inrehabilitating female offenders. (The first, which was founded in 1932 is theCorrectional Institution for
Women situated in Mandaluyong City, MetroManila). It was during the incumbency of Secretary of
Justice Agnes VSTDevanadera when it was formally opened.3. Iwahig Prison and Penal Farm in Puerto
Princesa City, Palawan.

3. Iwahig Prison and Penal Farm in Puerto PrincesaCity, Palawan, Philippines is one of seven
operating units of the Bureau ofCorrections under the Department of Justice. The Spanish regime had
earlierdesignated Puerto Princesa, Palawan as a place whereoffenders sentenced to banishment were
exiled, but the facility wasestablished only during the American occupation. Governor LukeWright
authorized the establishment of a penal colony in the provinceor Palawanon November 16, 1904.
This penal settlement, which originallycomprised an area of 22 acres, served as a depository for
prisoners whocould not be accommodated at the Bilibid Prison in Manila. A prison facilitywas created by the
American military in the rain forest of Puerto Princesa.Lieutenant George Wolfe, a member of the
U.S. expeditionary force wasthe prison's first Director.
4. Iwahig Prison and Penal Farm in Puerto PrincesaCity, Palawan, Philippines is one of seven
operating units of the Bureau ofCorrections under the Department of Justice. The Spanish regime had
earlierdesignated Puerto Princesa, Palawan as a place whereoffenders sentenced to banishment were
exiled, but the facility wasestablished only during the American occupation. Governor LukeWright
authorized the establishment of a penal colony in the provinceor Palawanon November 16, 1904.
This penal settlement, which originallycomprised an area of 22 acres, served as a depository for
prisoners whocould not be accommodated at the Bilibid Prison in Manila. A prison facilitywas created by the
American military in the rain forest of Puerto Princesa.Lieutenant George Wolfe, a member of the
U.S. expeditionary force wasthe prison's first Director.4. Sablayan Prison and Penal Farm in Occidental
Mindoro3
Nearer to Manila than other penal colonies, the Sablayan Penal Colony is located in Occidental Mindoro and
relatively new. Established on September 26, 1954 by virtue of Presidential Proclamation No. 72, the penal
colony has a total land area of approximately 16,190 hectares. Prison records show that the first colonists and
employees arrived in Sablayan on January 15, 1955. Since then several buildings have been constructed,
including the colonists’ dormitories, employees’ quarters, guardhouse, schoolhouse, chapel, recreation hall, and
post exchange.

Nearer to Manila than other penal colonies, the Sablayan Penal Colony is located in Occidental Mindoro and
relatively new. Established on September 26, 1954 by virtue of Presidential Proclamation No. 72, the penal
colony has a total land area of approximately 16,190 hectares. Prison records show that the first colonists and
employees arrived in Sablayan on January 15, 1955. Since then several buildings have been constructed,
including the colonists’ dormitories, employees’ quarters, guardhouse, schoolhouse, chapel, recreation hall, and
post exchange.5. San Ramon Prison and Penal Farm in Zamboanga City4
The San Ramon Prison and Penal Farm is situated in ZamboangaCity, Philippines. It was established to
house the Muslim rebels and prisonersopposing the Spanish leadership. The prison is right in front of the Jolo
seaand is sprawled within a 1, 414-hectare property.It was on August 21, 1869 when the San Ramon Prison and
Penal Farm was built. Decades later, when the Americans took over the country, the Bureau of Prisons was
created under the supervision of the Department of Commerce and Police.Due to the havoc wreaked by the
Spanish-American war, the penal farm was destroyed. In 1907, it was then re-established and started to house
prisonersfrom Mindanao. By 1915, it was placed under the protection of the Bureau of Prisons
5. The San Ramon Prison and Penal Farm is situated in ZamboangaCity, Philippines. It was established
to house the Muslim rebels and prisonersopposing the Spanish leadership. The prison is right in front of the Jolo
seaand is sprawled within a 1, 414-hectare property.It was on August 21, 1869 when the San Ramon Prison and
Penal Farm was built. Decades later, when the Americans took over the country, the Bureau of Prisons was
created under the supervision of the Department of Commerce and Police.Due to the havoc wreaked by the
Spanish-American war, the penal farm was destroyed. In 1907, it was then re-established and started to house
prisonersfrom Mindanao. By 1915, it was placed under the protection of the Bureau of Prisons.6. Leyte
Regional Prison in Abuyog, Leyte5
LEYTE REGIONAL PRISON: The Leyte Regional Prison, situated in Abuyog,Southern Leyte, was
established a year after the declaration of martial law in1972 by virtue of Presidential Decree No. 28.
While its plantilla andinstitutional plan were almost ideal, lack of funds made the prison unable torealize its
full potential and its facilities are often below par compared withthose of other established penal farms.
The LRP has an inmate capacity of 500. It follows the same agriculturalformat as the main
correctional program in addition to some rehabilitationactivities. The prison admits convicted offenders from
Region VI and from thenational penitentiary in Muntinlupa

6. LEYTE REGIONAL PRISON: The Leyte Regional Prison, situated in Abuyog,Southern Leyte,
was established a year after the declaration of martial law in1972 by virtue of Presidential Decree No.
28. While its plantilla andinstitutional plan were almost ideal, lack of funds made the prison unable
torealize its full potential and its facilities are often below par compared withthose of other established
penal farms. The LRP has an inmate capacity of 500. It follows the same agriculturalformat as the
main correctional program in addition to some rehabilitationactivities. The prison admits convicted offenders
from Region VI and from thenational penitentiary in Muntinlupa.

7. Davao Prison and Penal Farm (formerly Davao Penal Colony (DaPeCol))was established on January
21, 1932 in Panabo City, Davao delNorte, Philippines. It has a land area of 30,000 hectares with
a prisonreservation of 8,000 hectares. During World War II, the Davao Penal Colonywas the biggest prison
establishment in the country which was used by theJapanese invading army as their imperial garrison.On
October 7, 1931, Governor Dwight Davis signed proclamation 414 whichreserved a site for Penal Colony
in Davao Province in Mindanao and onJanuary 21, 1932 by virtue of Act No. 3732, the Davao Penal
Colony wasformally established. During World War II, it was used by the Philippine-American
Armed Forces were more than 1000 Japanese were treated inaccordance with the orders of American
commanding officer. The JapaneseImperial Forces attacked Davao on December 20, 1941 and the colony
wasamong of the establishments that were taken over by the imperial army.

General Classification of Prisoner:

1. Detention Prisoners – those detained for investigation, preliminary hearing, or awaiting trial. A
detainee in a lock up jail. They are prisoners under the jurisdiction of
Courts.
2. Sentenced Prisoners – offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court. They are prisoners
under the jurisdiction of penal institutions.
3. Prisoners who are on Safekeeping – includes non-criminal offenders who are detained in order to
protect the community against their harmful behavior. Ex. Mentally
deranged individuals, insane person.

Classification of Sentenced Prisoner

CLASSIFICATION OF PRISONERS ACCORDING TO DEGREE OF SECURITY

1. SUPER MAXIMUM PRISONERS - special group of prisoners composed of incorrigible, intractable and
highly dangerous persons who are source of constant disturbances even in a maximum security prison.
- they wear orange color of uniform.
2. MAXIMUM SECURITY PRISONERS - a group of prisoners whose escape could be dangerous to the public
or to the security of the state.
- it consists of constant troublemakers but not as dangerous as the super maximum security prisoners.
- their movements are restricted and they are not allowed to work outside the institution but rather assigned to
industrial shops within the prison compound.
- they wear orange color of uniform.
3. MEDIUM SECURITY PRISONERS (Camp Sampaguita) - those who can be trusted in open conditions and
pose lesser danger than maximum security prisoners in case they escape.
- consists of prisoners who maybe allowed to work outside the fence or walls of the penal institution under
guards or with escorts.
- they wear blue color of uniform.
4. MINIMUM SECURITY PRISONERS (Camp Bukang Liwayway) - a group of prisoners who can be
reasonably trusted to serve sentence under "open conditions."
- a group of prisoners who can be trusted to report to their work assignments without the presence of guards.
- they wear brown color of uniform.

Benefits of Clergy - benefits of softening brutal punishment

- offered degree of protection from harsh sentences

90 days - avoid punishment, refugee in church

1 day - rest day per week for inmate covered by work program
30 days - national offender confined in separation center before critical release
1 hour - physical exercise in open air

Giving compensation for their labor- regular, seasonal and contractual

Poisoning - elitist punishment of death

Maiming - cutting of sexual organ

Monotony - early form of punishment - giving off diet, boring routine,

Social degradation - early form of discipline - uttering insulting words

Product of suffering - judicial condition of penalty which to suffer the consequence of his actions

Orange - color of prescribed uniform

CODES

Law of Retaliation - savage

Codes of Draco - same punishment for citizens and slave
Burgandian Code - specified punishment according to class
Codes of Kalantiao - 1433

4 concepts of lifeststyle prison

1. Gleaning - aspire leadership

Adaptive roles in prison include Doing time, Gleaning, Jailing and Disorganized Criminal.

The inmate who takes on the role of;

“doing time” consider being a prison a price they pay to do their illegal activities (Clear, 2015, p. 173). They
think of it as just another part of the job of being a criminal and do not view it as a second chance or an
opportunity to learn a lesson or improve themselves.Their goal is to serve their time then get out and go back
into the outside world with the same attitude as when they arrived in prison.

“gleaning” and is when the prisoner realizes that there is opportunity in prison to better themselves and get out
of prison better then when they arrived there (Clear, 2015, p. 173). They take advantage of the various programs
offered in prison and utilize those resources to try to find productive things to do and learn.

“Jailing” and these inmates take prison as their new lifestyle (Clear, 2015, p. 173).They do not stay in contact
with the world beyond the prison walls and work to create a life in the prison.These prisoners have most often
been in the system since their youth and “have lost much of their ability to identify with the value of free
society” (Clear, 2015, p. 173).

“disorganized criminal” who struggles to fit into any of the above-named roles.These prisoners have the most
difficulties in prison because of their struggle to fit in and function within the prison society (Clear, 2015, p.
174). They tend to be the ones that are easily taken advantage of and suffer from “emotional disorders, become
suicidal and violate prison rules (Clear, 2015, p. 174)

Death Penalty/Corporal punishment - inflicting physical harm for the purpose of killing him

In case of damage or loss of equipment/supplies - compensation earned be forfeited as payment

Disciplinary Punishment to inmate violated the rules and regulations

- reprimand
- temporary or cancellation of recreational privileges
- cancellation of visiting privileges

Work Program - programs conducive to change behavior for useful occupation

Pre-release treatment proram - to adjust from prison to normal life

Aims of diversification in jail - effective execution of treatment programs

- prevent physical contamination
- prevent unnecessary custodial risk

Benign Neglect - slighting of female PDL

Rehabilitation and Reformation - purpose of imprisonment

Provincial government - controls provincial jails

Custody - guarding or penal safekeeping

Diversification - separation of inmates according to age, sex, medical and mental condition

Enforce discipline - prompt corrections of minor deviations

Good Conduct time allowance - entitle to deduction of term of imprisonment for good behavior

ADMISSION PROCESS;
 Receiving Officer - observe the medical condition of inmate upon admission in the absence of a health
officer
 Prisoner’s property receipt - inmates list of personal properties seized
 Searching - involves frisking and searching of personal things
 Shakedown - examination for contraband before admission

Subsidiary imprisonment - convicted may serve an equivalent monetary value

1/2 of sentence - deducted to surrenders of calamity

Penal Colony and Farm - Philippines largest penal colony located in Palawan

PARDON & PAROLE

Pardon - act of grace of a sovereign power

- granted by c, executive but limited to:

1. Pardon cannot be extended to cases of impeachment
2. No pardon, or parole or suspension of sentence for the violation of any election law may be granted without
favorable recommendation of the Commission of Elections
3. Pardon is exercised only after conviction

- extinguishes criminal liability of an offender

- does not distinguish civil liability of an offender
- may be given before the execution of the offense
Parole - granted after serving part of sentence
Indeterminate Sentence Law or the Parole Law
Indeterminate Sentence - sentence consist of range of years
-must be served before a decision on parole eligibility

Board of Pardons and Parole - granting / denying the application for parole
- refers to quasi-judicial body that grants parole to any prisoner qualified

Life imprisonment - not an indeterminate sentence, thus cannot apply for parole

Mark System - forerunner of parole

6 years - tenure of duty

Amnesty - general pardon to a group of persons with political character, exercised by c, executive concurrence
by congress

Conditional Pardon - executive Clemency, accepted first before it takes effect

- other factors considered - old age, provided not yet 60 y.o. upon committals
-guides in determining the fitness of prisoner:
1. political, organizational, religious affiliation be disregarded
2. Due regard the attitude of the community he was sentenced
3. Social, economic background of prisoner before committing a crime

A parolee cannot transfer to a residence other than that indicated in the release document without the prior
written approval of the Board of Pardon and Parole

PROBATION
- granted only once in a lifetime
- avail upon application, applied - after conviction but before the finality of judgment
- once granted - present himslef to probation officer within 72hours
- after conviction is released to community subject to conditions
-only first time offenders
- month/week - July 18-24 of every year
- 60 days - post sent. Investigation if a person applies for probation
-
Probatio - testing peried, concept of probation

Teudolo Natividad - father of probation

Massachusetts - first probation occurred
Good governance - security for good behavior

Qualification for probation:

-individual imprisonment
-
Disqualification for probation:
- Reclusion Perpetua - minimum penalty of 3 years & 1 day
- had been once in probation

Probationer violations of conditions:

- court revokes probationer and probationer goes to prison

4 years subsidiary imprisonment - 8 years probation

11 months imprisonment - not more than 2 years of period of probation

Volunteer Probation Aide - no salary but with allowance

Termination report - submit to court upon completion of probation period

Absconding probationer - given due curse but fails to report

Summary - hearing the violation of probationer

Community approach in reformation of probation - humanitarian, restoratitative, managerial
 While waiting for the application for probation the offender,
-must be confined in jail
-maybe released on bail
-maybe released on recognizance

Qualified for probation:

Prison term:
1, arresto mayor - less than 6 years and 1 day

What is the Difference Between Probation and Parole?

In many cases, the main difference between probation and parole is that probation is used prior to or instead of
incarceration, which means the offender will simply spend time on probation right away, rather than going to
jail at all. On the other hand, parole is the conditional release of inmates prior to completing their sentence.
Therefore, parole is granted after an offender has served a certain percentage of their prison sentence.
Though they may spend a short sentence (such as a day or two) in jail, their main punishment will be served
through probation. When a person is on probation, they must adhere to certain provisions and terms or else they
will have to face the alternative of incarceration. If you have been accused of violating your probation, our
experienced probation violation attorney at Damascus Road Law Group is ready to help.
These can include the following types of terms:
 Performing community service
 Enrolling in a rehabilitative program
 Paying restitution to a victim
 Taking frequent drug tests
 Checking in with a probation officer
 Maintaining a curfew
Probation is given directly by the court, while parole is given by the parole board after an offender has served a
minimum sentence in jail. Parole is often given to individuals who have been on good behavior and are deemed
safe to regenerate into society. The terms involved in parole can be very similar to the terms of probation. If a
person on parole does not follow the specific terms, they could be required to go back to jail or prison. The
point of both parole and probation is to help an offender break and avoid habits that could lead to future crimes.
What is the Purpose of a Pardon?
Pardons are focused on helping individuals clear their names from their alleged crimes, not just rehabilitate or
merge back into society. It is typically granted by higher government powers, including the president or local
governor. These powers must decide whether or not they believe pardoning the offender will be in the public’s
best interests. A pardon will essentially wipe a criminal’s record clean and cancel any further penalties they are
facing, allowing them to immediately rejoin society with no criminal past.

What Is Parole? How Does Parole Work?

Parole is conditional freedom for a prison inmate. The prisoner (called a "parolee") gets out from behind bars
but must live up to a series of responsibilities. A parolee who doesn't follow the rules risks going back into
custody (prison).

Parole Basics

Under parole as most people think of it—sometimes called "discretionary" parole—an inmate gets out of prison
early and serves some part of the remaining sentence under parole supervision.

Mandatory Parole

Another kind of parole is called "mandatory" parole. Mandatory parole comes after—not in lieu

of part of—the defendant's prison sentence. Mandatory parole shares similarities with the federal

supervised release system.

Parole Is Not a Right

Under the traditional parole system, parole is a privilege for prisoners who seem capable of reintegrating into
society. It's not a right. Although some criminal statutes carry a right to an eventual parole hearing, typical laws
don't absolutely guarantee parole itself. Authorities retain the discretion to deny parole to prisoners they deem
dangerous. (Often, a parole board that denies parole to a prisoner sets another parole hearing at some later point,
sometimes after several years.)

Eligibility for Parole

State law can provide that some kinds of convictions make prisoners ineligible for parole or eligible only after a
very long prison sentence. Indeed, life without parole, regularly referred to as "LWOP," is a common alternative
sentence to the death penalty.

Parole Hearings

Many prisoners do, however, become eligible for parole. Commonly, after a parole board finds that a prisoner is
eligible, the inmate appears at a parole hearing. If granted parole, the parolee is released and lives free in society
but under the continued supervision of the prison authority. (Parole decisions can involve multiple steps—for
instance, review by a panel from the parole board and then review by the whole board. In a few states, the state
governor gets to review the parole decision and might have the option to reverse at least some parole grants.)

Parole Supervision

Often, the prison authority primarily supervises the parolee through mandatory visits with a parole officer. State
parole services (usually a branch of the department of corrections) may provide transitional services tailored to
the parolee's needs, such as shelter in a halfway house or intensive mental health counseling.

Why Parole?

Parole is designed as an opportunity for a prisoner to transition back into society. The restrictions

on parolees are supposed to encourage good behavior after incarceration. In fact, even before

prisoners get out of custody, the possibility of parole gives them an incentive to avoid trouble.

Parole also reduces prison overcrowding and grants offenders who are considered unlikely to

harm others the benefit of supervised life in society. Parole helps the government try to cut down

on the high costs of maintaining large prison populations while keeping the population at large

safe.

Parole Conditions

Once out on parole, a parolee enjoys the privilege of relative freedom in return for abiding by certain
conditions. Some common parole conditions are that the parolee:

 maintain employment and a residence

 avoid criminal activity and contact with any victims
 refrain from drug—and sometimes alcohol—use
 attend drug or alcohol recovery meetings, and

 not leave a specified geographic area without permission from the parole officer.

Under a typical parole system, the parolee is assigned a parole officer and must meet with that officer
periodically. The parole officer may also make unannounced visits to the parolee's home to check that the
parolee is truly abiding by the relevant conditions. Unannounced visits let the officer observe whether, for
example, there is evidence of parole violations like drug use.

Parole Violation

To violate parole is to fail to live up to its conditions. The violation could be a bad act (like committing a new
crime) or a failure to act (like not getting the parole officer's permission to leave the county or state before going
out of town).
Types of Violations

Violating parole by committing a crime can often land parolees back in prison or in jail. Some of the more
minor or technical violations, such as prohibited alcohol use, could result in parole authorities imposing stricter
or additional conditions rather than immediately commencing back-to-prison (revocation) proceedings. For
instance, a parole officer might refer the parolee to substance abuse counseling (including, for example, AA
meetings) and require proof of attendance. If the parolee fails to comply with the requirement, or if the parole
violation was serious enough, the authorities may begin revocation proceedings.

Parole Revocation or Violation Hearing

At a typical hearing, the decision-maker, whether a judge, the parole board, or part of the parole board, will
consider the nature and circumstances of the violation. (Parole violation proceedings can involve multiple steps,
such as a hearing before a parole officer and then before the board itself.) The decision-maker determines
whether to send the parolee back into custody. Depending on the rules of the jurisdiction, the prisoner may
spend weeks, months, years, or the remainder of the original sentence back behind bars. The prisoner may also
be granted a new parole hearing set to occur after serving some specified time.

How Does Probation Work?

As an alternative to incarceration, a judge might place a defendant on probation—a period of

supervision served in the community. Probationers must agree to, and follow, conditions to avoid
imprisonment.

By Stacy Barrett, Attorney · UC Law San Francisco

Defendants who are convicted of misdemeanors or felonies often face sentences that include jail or prison time.
In some cases, defendants can reduce the amount of time they are incarcerated or avoid imprisonment altogether
if a judge grants them a type of supervised release called probation. This article explains how probation works.

What Is Probation?
Judges have multiple sentencing options at their disposal. Criminal sentences can include incarceration,
probation, fines, restitution (victim compensation), community service, diversion, or a combination of these
options.

Sentencing Alternative to Prison or Jail

Probation is a court-ordered period of supervision served in the community. Courts can grant probation in most
misdemeanor and felony cases as an alternative to incarceration or following a period of incarceration. When a
judge sentences a defendant to probation, the judge typically suspends the jail or prison sentence and makes the
suspension conditional on the defendant meeting certain requirements. While on probation, the threat of
incarceration continues to loom over the defendant's head.

Example of Probation

Say Julia is convicted of a crime that carries a maximum sentence of six months in jail. A judge might sentence
her to one year of probation with conditions. If Julia complies with the conditions of probation, her sentence is
complete after her year of probation. But, if she violates probation (doesn't follow the conditions), the judge can
impose and order her to serve the six-month suspended jail sentence.

What Are Probation Conditions or Terms?

Judges ultimately decide whether to grant or deny probation at sentencing. If probation is granted, defendants
(now called probationers) must agree to abide by the conditions of probation ordered by the judge. Probation
conditions must be reasonably related to the probationer's rehabilitation or protection of the public.

Standard probation conditions include:

 obey all laws

 report as directed to a probation officer
 pay all court-ordered fines, fees, and restitution
 maintain employment, school, or vocational training, and
 do not use or possess illegal drugs or weapons.
Discretionary probation conditions imposed on a case-by-case basis might include:
  submit to warrantless searches without probable cause (called a search condition)
 do not travel outside the county or state without permission
 stay away from certain places and people (like victims and accomplices)
 complete community service or classes like anger management, parenting, or theft awareness
 submit to alcohol or drug testing
 install an interlock ignition device
 complete substance abuse treatment or attend counseling
 submit a DNA sample, and
 submit to GPS (global positioning system) monitoring.
Defendants who would prefer not to be saddled with stringent conditions can refuse probation and serve their
jail or prison sentence outright.

Is Parole the Same as Probation?

Probation and parole have some similarities but occur at different stages and under different

authorities.

A judge orders probation during sentencing. A sentence of probation can include jail time, but it

is often an alternative to a jail or prison sentence. Probation allows a person to remain in the

community while having to comply with certain conditions.

A parole board, on the other hand, grants parole to a prison inmate. Parole is an early,

conditional release from prison that is usually based on proof of good behavior by an inmate,

among other factors.

Both probationers and parolees are required to follow certain rules called conditions. Failure to

abide by probation or parole conditions can result in arrest, modification of conditions, and

incarceration.

How Long Does Probation Last?

Generally, judges can use their discretion in deciding the length of probation—as long as they don't exceed the
maximum the law allows. In some states, statutes limit the amount of time a judge can place a defendant on
probation, such as a set number of years or the maximum length of incarceration allowed for the offense. Other
states place no such constraints—probation can be a few months, 10 years, or even life in some cases.

A judge can sometimes extend the length of probation if a probationer violates the conditions of probation.
Probation is usually tolled (suspended) when the probationer is a fugitive from justice or serving a sentence and,
sometimes, when a violation of probation is pending.

Is Probation Always Supervised?

Probation supervision can take many forms. Formal (also called active) probation requires probationers to
report as directed to probation officers in person, by mail, or by telephone. Typically, state and county agencies
operate supervision departments. A handful of states contract with private probation companies to supervise
probationers and monitor compliance.

Probationers on informal (also called inactive, court, or summary) probation don't have probation officers. They
report directly to the court when necessary to provide proof of completion of conditions (like community
service), pay fines and fees, update contact information, or report a new arrest or conviction.

Probation in felony cases will almost always be formal. Informal probation is more common in misdemeanor
cases. When probationers perform well, judges might be able to modify probation from formal to informal.

What Is a Probation Violation?

Probationers who violate (fail to comply) with conditions of probation face consequences ranging from a
warning from their probation officers to incarceration.

Probationers are entitled to a hearing in front of a judge when a probation officer or a district attorney alleges a
violation of probation. The burden is on the prosecution to prove the violation by a preponderance of the
evidence (a more likely than not) standard.

If the judge finds (or the probationer admits) a violation, the judge decides whether to revoke (terminate) or
reinstate (continue) probation. When probation is revoked, the judge can require the defendant to serve the
suspended jail or prison time. When probation is reinstated, probation continues with or without modifications
to conditions.

When Is Probation Done?

Probationers successfully complete probation when they satisfy all conditions, attend all required court
appearances, and remain crime-free. Probation typically ends on a date set at sentencing, but probationers who
are doing particularly well might earn an early termination.

Probationers who successfully complete probation might be eligible to expunge (seal, erase, or limit public
access) their criminal records depending on the nature of the conviction.

LAWS

Twelve Tables - earliest codification of Roman Law

Police Power - right of state to protect itself

Bill of Rights, Article III of the Constitution & Republic Act 9745 or the Anti-Torture Act of 2009 (5%)
Special Laws and Other Related Laws (40%)

Salient Features of R.A. 6713 (Code of Conduct and Ethical Standards for Public Officials and
Employees)

Salient Features of R.A. 9263 (An Act Providing Professionalization of the BFP and BJMP, Amending
Certain Provision of R.A. 6975)

Salient Features of R.A. 9729 (Climate Change Act of 2009)

E. O. 292 - administrative code of the Philippines

RA 9263 -Professionalization of BFP,BJMP amended by RA 6975 DILG Act of 1990>task of jail management
and penology shall be the responsibility of BJMP

RA 6713 - Code of Conduct and ethical standards for public officials and employees

RA 9346 - Law abolishing death penalty in PH (RA 7659)

RA 10592 - Preventive Imprisonment Law

(Detainee is presumed innocent, separate from convicted prisoners)

PD 968 - Adult Probation Law - below 18 years old cannot apply for probation

RA 10159 - Revised Penal Code (convict be subject to subsidiary personal liability)

RA 10575 - Bureau of Corrections Act

RA 6127 - Act amending article 29 of revised penal code-to give time credit to offenders

RA 8177 - Law imposing lethal injection

RA 3019 - Anti Graft and Corrupt Practices Act

Administrative Code of 1987- bjmp comp manual is hereby adopted

RA 9729 - Climate Change Act of 2009

E.O 292 -Administrative Code of the Philippines

Act 4103 - Indeterminate Sentence Law

B. P. 85 - authorize release of detainee undergone preventive imprisonment maximum imposable sentence

In law, the penalty imposed for offenders must be certain - no one escape its effect

CORRECTIONAL
Corrections - wide range of diversified programs, equally broad range

Institutional capacity - officially stated number of inmates or resident designed to house

Major Goals - retribution, deterrence, incapacitation, rehabilitation

 Retribution - justification of punishment because they deserve it
 Deterrence - be punished to give lesson to him and to others
 Incapacitation - reffered to person physically unable to commit crime in the future

Correctional Administration - rehabilitation of criminal offenders

Incapacitation - prisoner physically unable to commit crime in the future

OFFENDER
Prohibition into specified territory
-banishment
-exile
-ostracism

CRIMINOLOGY
Neo-classical theory - states that children and lunatics should not be regarded as criminals thus free from
punishment

OTHERS
Parent Patria - guardian of all persons

Planning - anticipation of basic course

Destierro - be 25-250km away from place of crime

Positivist - criminals such as individuals need to be treated than punitive actions

Staffing - assignment of subordinates to abstain manpower or supplies

Charles Montesquieu - analyzed law as expression of justice

Penal management - process of managing and controlling places of confinment

Administrative function exercised by executive branch of government - pardon, parole, commutation

Jail Management Concepts & Applications (15%)

BJMP

Rank of an RD - Senior Superintendent

Penology - suffering or pain

- study of punishment for crime or criminal offender
- study of control and prevention of crime

President of the Philippines - appoints the C, BJMP

Desk Officer/Armorer - prepare issuance of anti-riot equipment

Custodial Force during Jailbreak - issued firearms and assigned to critical post to block the escape routes
3rd group of anti riot team - composed of guards trained ready to fire
Sound the alarm - jailbreak,escape,riot in progress, control centers immediately do

Preventive Imprisonment - detention of accused in jail for the purpose of protecting the community from crimes

Safety measures to maintain orderliness and and discipline

-prevention of escape
-control of contraband
-maintenance of good order

Hustling - selling of illegal commodities

Control - ensure orderly movement from one place work program to another

Secuirty Platoon - 3 working platoon shifts, also responsible for admiting and releasing unit

Commitment and Classifications of Inmates/Prisoners/Detainees

Commitment - act of entrusting for confinement

Requirements for Commitment

First reception procedure of DO - determine the identity of the person bringing the inmate

Provincial prisoner - 6 months & 1 day to 3 years

Courts & other Entities Authorized to Commit a Person to Jail

Cristobal vs Labrador - case where the supreme court laid down the doctrine, restores pardonee to full civil and
political rights

Categories of Inmates
Classification of Prisoners

Classification of Detainees

Inmates Security Classification

Modes and Guidelines of Release of PDL

Mandatory release - required release from incarceration by law or parole guidelines
Disciplinary Measures and Sanctions
Minor offense only - scope and authority of warden
Chairman of Disciplinary Board - Warden

PUBLIC OFFICIALS AND EMPLOYEES

Delaying Release - delaying release of prisoner

Fee system - method of compensating for services performed for prisoners

Lock-up jail - secuirty facility common in police stations

Punishment - deterrent effect - serves as an example to the public

The United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules)
and Custodial Concepts (45%)

The Nelson Mandela Rules (30%)

Guiding Principles of the Nelson Mandela Rules