Non-institutional Flashcards
Is the branch of the administration of CJS charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders.
Correction
It is also define as the STUDY OF JAIL OR PRISON MANAGEMENT AND ADMINISTRATION as well as the rehabilitation and reformation of criminals.
Correction
is the fourth pillar of the PCJS, and identified as the weakest pillar. As a field of criminal justice administration, it utilizes the body of knowledge and practices of the government and the society in the general involving the process of handling individuals who have been convicted of offenses for purposes of crime prevention and control.
Correction
jail administration and control in our country is distributed to at least, four agencies:
Bureau of correction
Bureau of jail management and penology
Provincial government
Department of social welfare and development
under the DOJ, which has supervision over the national penitentiary and its penal farms,
The BUREAU OF CORRECTIONS (BUCOR)
under the DILG; which has the exclusive control over all city, municipal and district Jails nationwide
The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP),
under DILG; which supervise and control their respective provincial and sub-provincial Jails.
❖ The PROVINCIAL GOVERNMENTS
which takes care of among other youthful offenders entered in detention enters for juveniles, aside from these. Other agencies under this pillar are the: (Community Based Correction)
The DEPARTEMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD)
Generally, corrections, as a component of the system are responsible for:
Maintenance
Protection
Reformation
Deterrence
institution such as prisons, jails, halfway houses, and others.
MAINTENANCE
law-abiding members of society by keeping convicted offenders from preying on society.
PROTECTION
rehabilitation of offenders in preparation for their eventual reintegration to the mainstream of society and helping the lead a normal life after release.
REFORMATION
crimes, experience in prison and the fear of isolation and denial of liberty will influence inmates and potential offenders to lead a life not in conflict or afoul with the law.
DETERRENCE
Three levels of institutional based approaches
- The National prison and penal farms under the Department of justice.
- The Provincial and sub-provincial jails under the Provincial government; and
- The City, Municipal and District Jails under the Department of Interior and Local Government.
It refers to correctional activities that may take place within the community or the method of correcting sentenced offenders without having to go to prison.
Non-Institutional Correction or Community-Based Approach
Subject to the conditions imposed by the court
They are either granted Probation, Parole, Conditional Pardon or Recognizance
Non-Institutional Correction or Community-Based Approach
is the government agency that supervises the activities of the Probationer, Parolee and Pardonee and monitors his compliance with conditions imposed.
The Parole and Probation Administration under the Department of Justice
seeks to repair the harm the offender has caused the victim or the Community, provide for the public safety and rehabilitate and promote effective reintegration.
Community sentence
has traditionally emphasized REHABILITATION as its goal.
community correction
The staffs of community correctional programs have two potentially competing roles that reflect different goals:
Seeing that offenders comply with the orders of community sentences.
Helping offenders identify and address their problems and needs.
BASIC PRINCIPLES UNDERLYING THE PHILOSOPHY OF COMMUNITY BASED TREATMENT PROGRAMS ARE?
Humanitarian aspect
Restorative aspect
Managerial 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.
Humanitarian 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 to recidivism.
Restorative Aspect
are special importance because of the sharp contrast between the per capital 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.
Managerial Aspect
➤ Managerial skills
Most effective and economical tools, temporarily suspended and he is permitted to remain in the community, subject to the control of the court and under the supervision and guidance of a provision officer
PROBATION
Privilege granted by the court to a person convicted of a crime or criminal offense to remain with the community instead of actually going to prison
Probation
-otherwise known as the Probation Law of 1976 recognizes such trend.
Presidential Decree No. 968
the Decree separates adult probation from juvenile probation for it expressly excludes those entitled to the benefits under the provisions of
Presidential Decree No. 603, known as the Child and Youth Welfare Code, and similar laws
the court may, after it shall have convicted and sentenced an accused and upon application of said accused, suspend the execution of said sentence and place the accused on probation for such period and upon such terms and conditions as it may deem best.
Late President Ferdinand E. Marcos - July 24, 1976 -Presidential Decree No. 968 “Probation Law of 1976-
First-time offenders were given a second chance to maintain their place in society.
Late President Ferdinand E. Marcos - July 24, 1976 -Presidential Decree No. 968 “Probation Law of 1976-
The word probation is from the Latin word?
Probatio
Latin verb probare which means?
to prove
a disposition under which a mensene of offenses defendant after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer
Probation
Presidential Decree No. 968
is an indispensable requisite to a grant of probation.
Post-Sentence Investigation
“No person shall be placed on probation except upon prior investigation by the probation officer and a determination by the court that ends of justice and the best interest of the public as well as that of the defendant will be served thereby.”
The Probation Law provides:
Probation officer shall submit to the court the investigation report on a defendent not later than 60 days from receipt of the order of said court to conduct the investigation.
Post sentence investigation
is a privilege and, as such, its grant rests solely upon the discretion of the court. The grant of probation results in the release of the petitioner subject to the terms and conditions imposed by the court, and to the supervision of the Probation Officer.
Probation
The primary purposes of probation supervision are:
To carry out conditions set forth in the probation order;
To ascertain whether the probationer is following said conditions;
To bring about the rehabilitation of the probationer and his reintegration into the community;
To carry out these purposes the Probation Law upon its approval carried with it the
establishment of a Probation Administration an agency under the Department of Justice, which shall exercise general supervision over all probationers. “PAROLE AND PROBATION ADMINISTRATION”.
Four (4) Essential Elements of Probation are?
A post sentence investigation report which will serve as the informational for the court’s decision to grant or deny probation.
The conditional suspension of execution of sentence by the court.
Condition of probation imposed by the court to protect public safety and to faster the rehabilitation and reformation of the probationer.
Supervision, guidance and assistance of the offender by a probation officer.
Essential Elements of the Probation System Under Presidential Decree No. 968
Probation is a single or one-time affair.
Probation system is highly selective.
Persons under probation retain their civil rights, like the right to vote, or practice one’s profession, or exercise parental or marital authority.
Characteristics of Probation are?
More enlightened and humane correctional treatment
It aims to promote the reformation of the offenders
It reduces the incidence of recidivism
It extends to offenders individualized and community based treatment programs instead of imprisoning them.
It is limited to offenders who are likely to respond favorably there to
It is less costly than the confinement of all offenders in prisons.
19th century English magistrates initiated experiments to save young unity base from inexperienced offenders from stigma of prison
England
assigning the young offender to the care and guardianship of his parents or his employer with an occasional check on his progress by the police.
England
FATHER OF PROBATION IN ENGLAND
Mathew Davenport Hill
conducted his experiment in the Birmingham Court. Beginning in the early year of 1481,
Mathew Davenport Hill
he acted for and in behalf of juvenile offenders, when he believers:
The individuals is not fully corrupt
There was responsible hope of reformation
When there could be found person to act
Mathew Davenport Hill
Mathew Davenport Hill acted for and in behalf of juvenile offenders, when he believers:
The individuals is not fully corrupt
There was responsible hope of reformation
When there could be found person to act
The first practical demonstration of probation;
Massachusetts
first use of the term as court service;
Massachusetts
the enactment of the first probation law APRIL 21, 1878-Gov. Alexander H. Rice
Massachusetts
Year that the enactment of first probation law
April 21 1878
Prisoners aid associations of _____1869
Maryland
Volunteer service were occurred
Maryland
1894 law any court in the stage might release on provision for good conduct
Maryland
any court in the stage might release on provision for good conduct
1894 law
Parole of convicted persons law of 1897
Missouri
Second state to enact a general probation law
Vermont
Vermont act of 1898
Probation only after suspension of the execution of sentence
Vermont
Was the first to adopt county plan
Vermont
Third to enact a real probation law
Rhode island
Act of 1899
Empowered the board of state charities and corrections to appoint a state provisions officer and additional probation officer, one of whom at least shall be a woman
Rhode island
permitting the use of probation before the imposition of sentence and even without conviction.
Rhode island
United states federal provision act
- President Calvin Coolidge signed into law
March 4, 1925
temporary suspension of sentence
courts to appoint one or more persons to serve as probation officers
Judicial Reprieve
He was considered as the first official probation officer
John Augustus
Father of the probation in the USA
John Augustus
Promote temperance and to reclaim drunkkards later he began to take men and women charge with other crimes and eventually children
John Augustus
METHODS OF AUGUSTUS ARE?
- Provide bail for temporary suspension of punishment of sentence
- Then he sought counsel and assists his charges in finding homes, securing employment and adjusting family difficulties.
- At the end probation he brought offender back to court-if no further charges are found-judge imposes a nominal fine with cost if man is poor. Augustus advance fine as a loan
efforts were credited with the establishment of the Pre - Sentence
AUGUSTUS
