NON INSTITUTIONAL FINALS Flashcards
refers to the conditional release of an offender from a penal institution after he has served the minimum period of his prison sentence
PAROLE
Father of Modern Penology and Parole
introduced the “MARK SYSTEM” at Norfolk Island Penal Colony
ALEXANDER MACONOCHIE
the release of prisoners before the expiration of their maximum sentence
PAROLE
chair of the Board of Directors of Convict Prisons for Ireland between 1854 and 1862
SIR WALTER CROFTON
Administrator of Irish Prison System
sometimes cited as Alexander Maconochie’s ideological heir
initiated Irish System
SIR WALTER CROFTON
refers to a person who is released on parole
PAROLEE
refers to a person who is released on conditional pardon
PARDONEE
refers to a pardonee/parolee who is place on supervision
CLIENT
refers to the Board of Pardons and Parole
BOARD
refers to the Parole and Probation Administration
ADMINISTRATION
refers to the Director of the BuCor
DIRECTOR
refers to the administrator of Parole and Probation Administration
ADMINISTRATIOR
It came into existence by the passage of Act 4103 as amended by Acts 4203 and 4225, otherwise known as the , which took effect on
Indeterminate Sentence Law (ISLAW)
Dec. 5, 1933.
administrative arm of the president in the exercise of his constitutional power to grant executive clemency
administers the Parole system of the country
BOAD OF PARDONS AND PAROLE
The Administration has been authorized by the Board to conduct of deserving city, provincial and national prisoner confined in the city and provincial jails, the national penitentiary and penal colonies, whenever their best interests and that of justice will be served thereby, and to submit reports of said investigation at least 60 days before the expiration of the minimum sentences of the prisoners concerned.
PRE PAROLE INVESTIGATION
A parolee may not transfer from the place of residence designated in his release document without prior written approval of BPP.
CHANGE OF RESIDENCY
To secure such approval, a written application in the form prescribed by the BPP shall be filed by the parolee with his parole and probation officer at least DAYS before the requested transfer.
fifteen (15) days
A parole and probation officer can authorize a parolee to travel outside his area of operational jurisdiction from ten (10) to thirty (30) days within a six (6) month period shall be considered as transfer of residence.
Travel Outside Area
Any parolee under active supervision/ surveillance who has pending criminal case in any court may apply for overseas work or travel abroad. However, such application for travel abroad shall be approved by the Parole and Probation Administration and confirmed by the Board
TRAVEL ABROAD OR WORK ABROAD
, the Parole and Probation Officer shall transmit to the BPP a certified true copy of the death certificate.
PAROLEE’S DEATH
The BPP may order the to prison of the re -arrested parolee if it finds that the continuation of the parole is incompatible with the public welfare. The parole violator recommitted to prison shall serve the remaining un-expired portion of his maximum sentence.
ROCOMMITMENT
, provided the inmate is below sixty (60) years of age when crime was committed;
;
Old age
such as when the petitioner is bed-ridden, deaf-mute, a leper, cripple or blind, provided such physical disability is not present when the crime is committed
Physical disability
duly certified by a government physician;
Serious illness
which show that continued imprisonment will be inhuman or will pose grave danger to the life of the petitioner.
Similar circumstances
refer to the “Discharge on Parole” issued by the Board to a parolee and to the document issued by the President of the Philippines to a pardonee upon the Board’s recommendation
RELEASE OF DOCUMENT
The Board shall send a copy of the release document to the prisoner through the Director of Corrections or warden of jail where he is confined.
Transmittal of the Release Document
After release from confinement, the parolee shall be placed under the supervision of the Probation and Parole Officer specified in the release document so that the former may be guided and assisted towards rehabilitation.
PAROLE SUPERVISION
Within the period prescribed in his release document, the parolee shall present himself to the probation and parole officer specified in the release document for supervision.
Presentation of Probation and Parole Officer
Within fifteen (15) working days from the date when the parolee reported for supervision, the Probation and Parole officer concerned shall inform the Board through the Technical Service of Parole and Probation Administration, of such fact.
ARRIVAL REPORT
It shall be mandatory for a parolee to comply with the terms and conditions appearing in the release document.
Mandatory Conditions of Supervision
The Board may, motu propio or upon recommendation for the Probation and Parole Officer, revise or modify the terms and conditions appearing in the release document.
Review and Modification of Conditions
Probation and Parole Officer concerned shall submit to the Board, through the chief Probation and Parole Officer
The clearances from the police, court, prosecutor’s office and barangay shall be attached to the
SUMMARY REPORT
The Board, shall, upon the recommendation of the Chief Probation and Parole Officer that the parolee has substantially complied with all the conditions of his release document
Certificate of Final Release and Discharge
when a parolee commits another offense during the period of supervision and the case filed against him has not yet been decided by the court or on the conduct of the parolee while under supervision
PROGRESS REPORT
when the parolee has been subsequently convicted of another crime
INFRACTION REPORT
when a parolee commits any violation of the terms and conditions appearing in his release document or any serious deviation or non-observance of the obligations set forth in the parole supervision program
VIOLATION REPORT
refers to the commutation of sentence, reprieve, amnesty, conditional pardon and absolute pardon may be granted by the president upon recommendation of the Board of Pardons and Parole
EXECUTIVE CLEMENCY
a form of presidential clemency, either ABSOLUTE or CONDITIONAL in nature
PARDON
an “act of grace” and the recipient of the grace is not entitled to it as a matter of right
PARDON
It is a discretionary act of grace and within the prerogative of the Chief Executive.
Neither the Legislative nor the Judiciary branch of government has the power to set conditions or establish procedures for the exercise of the Presidential prerogative.
PARDON
when the release of the convict is subject to certain conditions that the pardonee must comply with strictly
must serve at least 1/2 of his indeterminate sentence to be eligible
CONDITIONAL PARDON
it is the total extinction of the criminal liability of the individual to whom it is granted without any condition
must serve at least 10 years of his sentence to be eligible
ABSOLUTE PARDON
act of forgetfulness
general pardon extended to a group of persons exercised by the Chief Executive with the concurrence of the congress
AMNESTY
also known as blanket pardon
AMNESTY
an act of sovereign power granting oblivion or general pardon for past offense and rarely, if ever, exercised in favor of single individual is usually exerted in behalf of certain classes of person who are subjected to trial but not have been convicted
AMNESTY
refer to the reduction of duration of a prison sentence
an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term
COMMUTATION OF SENTENCE
the temporary stay of the execution of a sentence
applicable only to death sentence
REPREIVE