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NON-INSTITUTIONAL CORRECTION > PRELIMINARY EXAMINATION > Flashcards

PRELIMINARY EXAMINATION Flashcards

1
Q

WHAT IS CORRECTION?

A

Answer: Refers to the supervision of persons arrested for, convicted of, or sentenced for criminal offenses.

Note:
* It is branch of the administration of CJS charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders.

  • It is the weakest pillar of CJS
  • It is the 4th pillar of CJS
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2
Q

ADVANTAGES OF COMMUNITY BASED CORRECTIONS ARE:

A
  • Family members need not be victims also for the imprisonment of a member because the convict can still continue to support his family.
  • 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.
  • Rehabilitation can be monitored by the community thus corrections can be made and be more effective.
  • 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.
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3
Q

Basic Principles Underlying the Philosophy of Community-based Treatment Programs

A
  1. HUMANITARIAN ASPECT
  2. RESTORATIVE ASPECT
  3. MANAGERIAL ASPECT

Meaning:
* Humanitarian Aspect: Imprisonment is not always advisable. Placing a person to custodial correction is to place him in physical jeopardy, thus drastically narrowing his access to sources of personal satisfaction and reducing his self-esteem.

  • 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 to recidivism.
  • Managerial Aspect: Managerial skills 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.
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4
Q

TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS

A
  1. PROBATION
  2. INDETERMINATE SENTENCE LAW / PAROLE PROGRAM
  3. EXECUTIVE CLEMENCY
  4. RESTORATIVE JUSTICE PROGRAM

Meaning:

  • Probation: It is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer.
  • Indeterminate Sentence Law / Parole Program: It is that type of correctional program that enables the convicted felon after serving the minimum imposable penalty may be eligible for release on parole.
  • Executive Clemency: It is the power of the Chief Executive to grant amnesty, commutation of sentence, pardon, reprieve and remit fines and forfeitures to convicted prisoners
  • Restorative Justice Program: It refers to the program enacted under RA 9344 for CICL’s that requires a CICL’s to undergo after he/she is found responsible for an offense without resorting to formal court proceeding like diversion, intervention and Community based programs.
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5
Q

Probare (Define)

A

To prove, to test

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6
Q

Probatio (Define)

A

Testing period

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7
Q

It is a matter of privilege granted by the court.

A

PROBATION

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8
Q

New Probation Law of 2015

A

R.A 10707

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9
Q

ADULT PROBATION LAW OF 1976 (CODE)

A

PD968

Note: It was approved on July 24,1976 and took effect on January 3, 1978

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10
Q

Is a person placed on probation.

A

PROBATIONER/ CLIENT

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11
Q

Is one who investigates (PSI)for the court a referral for probation or supervises a probationer or both.

A

PROBATION OFFICER

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12
Q
  • Father of Probation in England
  • 18th Century English barrister and judge.
  • became the Recorder of Birmingham, a judicial post, he used a similar practice for individuals who did not seem hopelessly corrupt. If offenders demonstrate a promise for rehabilitation, they were placed in the hands of generous guardians who willingly took charged of them.
  • Had police officer pay periodic visits to these guardians in an effort to tack the offenders progress and to keep a running account.
A

Matthew Davenport Hill

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13
Q
  • Father of Probation in America
  • Recognized as the “first true probation officer”
  • Born in Woburn, Massachusetts in 1785.
  • By 1829, he was a permanent resident of Boston and the owner of a successful boot-making business
  • He was also the first to apply the term probation to this process of treating offenders.
  • By 1858, He had provided bail for 1,946 men and women, young and old. Reportedly, only ten of this number forfeited their bond.
A

JOHN AUGUSTUS

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14
Q
  • Ex-Chief of Police of Boston
  • First probation officer employed by the
    government
  • 1st fulltime probation officer.
A

EDWARD SAVAGE

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15
Q
  • The successor of John Augustus that continued that latter’s work on probation in Boston.
  • A chaplain in Boston, Massachusetts who continued the work of Augustus after the latter’s death and employed humane but unscientific approach.
A

FR.RUFUS COOK

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16
Q

FORERUNNERS OF PROBATION

A
  1. BENEFITS OF THE CLERGY
  2. RECOGNIZANCE(BINDING OVER FOR GOOD BEHAVIOR))
  3. TRANSPORTATION,
    DEPORTATION/BANISHMENT
  4. JUDICIAL REPRIEVE
  • BENEFITS OF THE CLERGY: EARLIEST DEVICE FOR SOFTENING BRUTAL SEVERITY OF PUNISHMENT. A COMPROMISE WITH THE CHURCH WHICH HAD MAINTAINED THAT A MEMBER OF THE CLERGY BROUGHT TO TRIAL IN A KING’S COURT MIGHT BE CLAIMED FROM THAT JURISDICTION BY THE BISHOP OR CHAPLAIN REPRESENTING HIM,ON THE GROUND THAT HE,THE PRISONER, WAS SUBJECT TO THE AUTHORITY OF THE ECCLESIASTICAL COURT.
  • RECOGNIZANCE(BINDING OVER FOR GOOD BEHAVIOR): This is considered as the direct ancestor of probation. This involves an obligation or promise sworn to under court order by a person not yet convicted of crime he would keep the peace and be of good behavior.

TRANSPORTATION,
DEPORTATION/BANISHMENT:

SUPPLYING NEW COLONIES WITH CHEAP LABOR. THE SENDING OR PUTTING AWAY OF AN OFFENDER TO ANOTHER COLONY . IT WAS ALSO AN ATTEMPT TO SUBTITUTE FOR BRUTAL PUNISHMENT AT HOME AND AN OPPORTUNITY FOR A REHABILITATION IN A NEW COUNTRY

JUDICIAL REPRIEVE: APPLICABLE TO DEATH PENALTY ONLY. TEMPORARY WITHOLDING OF SENTENCE EITHER BEFORE OR AFTER JUDGMENT;AS WHERE THE JUDGE IS NOT SATISFIED WITH THE VERDICT,OR EVIDENCE IS SUSPICIOUS,OR INDICTMENT IS INSUFFICIENT,OR HE IS DOUBTFUL WHETHER THE OFFENSE BE WITHIN THE CLERGY , OR SOMETIMES IF IT BE A SMALL FELONY, OR ANY FAVORABLE CIRCUMTANCES IN THE CRIMINAL’S CHARACTER.

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17
Q

It is where probation started in a form of suspending judgment and releasing offender on his own Recognizance (ROR)

A

England

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18
Q

Considered as birth year of probation.

A

1841

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19
Q

Became the 1st state to enact a probation law on April 26, 1878.

A

Massachusetts

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20
Q

Director of Massachusetts Board of State Charities and Corrections. He said “the result for probation in cases of Juvenile offender proved effectively, and authorize to appoint probation officer for adult offender.

A

Gardner Taft

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21
Q
  • Organized in 1869
  • Employed agents to visit the prison and assist released prisoners
  • they began to investigate cases and assist offenders before the Baltimore courts
  • A 1894 law provided that any court in the state might release on probation for “good conduct” a person convicted of any offense not capital, if no previous conviction was proved against him, upon his entering into a recognizance, with or without sureties, and during such period as the court may direct to appear and received judgment when called upon, and in the meantime to keep the peace and be of good behavior.
A

Aid Association of Maryland

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22
Q

The first country to enact a real probation law, the first practical demonstration of probation, first use of the term as court service, and the enactment of the first probation law occurred in Massachusetts on April 21, 1878

Widely upon the passage of the first Juvenile Court law of Cook Country in Illinoi Edward Savage – first Probation officer

A

USA

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23
Q

This decision led to the passing of the National Probation Act of 1925, thereby, allowing courts to suspend the imposition of incarceration and place an offender on probation

signed by President Calvin Coolidge

The U.S. Federal Probation Service was established.

Became a law on March 4,1925

A

Killets Case

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24
Q

Who signed the Killets Case

A

President Calvin Coolidge

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25
Q
  • Enacted by the Philippine legislature on August 07, 1935 and which created a Probation Offices under the Department of Justice led by a Chief Probation Officer appointed by the American Governor General with the advice and consent of the United States.
  • This Law provided probation for the first time offenders, eighteen years of age and over, convicted of a certain crime.
  • Lasts for only 2 years. The act subsequently declared unconstitutional by
  • The Supreme Court on Nov. 16, 1937 in People vs. Vera
  • ISSUE: Whether or not:
    Encroaches upon the pardoning power of executive.
    Constitute on undue delegation of legislative power.
    Denies the equal protection of the law.
A

Act No. 4221

26
Q

The Constitutionality of Act 4221 was challenged because of the following grounds;

a. The said act encroaches upon the paedoning power of the executive

b. That it constitutes an undue delegation of legislative power;and

c. It denies the equal protect of the laws.

A

PEOPLE VS VERA (37 O.G. 164)

27
Q

He is the Father of Probation in the Philippines. He headed the committee (IDCCP) primarily tasked with the drafting of the adult probation law.

First Administrator of the Parole and Probation Administration which attached to the DOJ.

First Filipino Vice President of the United

Nations Congress, Geneva Switzerland.

Former NAPOLCOM commissioner

Former Congressman of Bulacan

Introduced House Bill No. 393 in collaboration with former Congressman
Ramon D. Bagatsing.

The measure was passed in the Lower House and was pending in the senate when Martial Law was proclaimed in 1972.

A

Teodulo C. Natividad

28
Q

Purpose of Probation

A
  • Promote the correction and rehabilitation of an offender by providing him with individualized treatment.
  • Provide an opportunity for the reformation of a penitent offender.
  • Prevent commission of an offense.
29
Q

Benefits Of Probation

A
  1. Protects of society
  2. Protects the victim
  3. Protects the family
  4. Helps the offender
  5. Justifies the philosophy of men
30
Q

Presidential Decree No. 968 (PD 968) Vs. Republic Act No. 10707 (RA 10707)

A
  • Presidential Decree No. 968 (PD 968):

Enacted: July 24, 1976
Purpose: Establishes a probation system in the Philippines to promote the reformation and rehabilitation of offenders through individualized, community-based treatment programs.

Key Provisions:
* Probation can be granted to offenders after conviction and sentencing, allowing them to serve their sentence under supervision instead of imprisonment.

  • Probation is not available to those convicted of crimes against national security, those with prior convictions of more than six months, and those who have previously been on probation.

Republic Act No. 10707 (RA 10707):

Enacted: July 27, 2015
Purpose: Amends PD 968 to update and improve the probation system.

Key Amendments:
* Allows defendants to apply for probation even if they have appealed their conviction, provided the appeal results in a probationable penalty.

  • Clarifies that the application for probation must be filed in the trial court where the judgment was rendered.
  • Specifies that the filing of a probation application is considered a waiver of the right to appeal
31
Q

Requirements on how to avail the benefits of P.D 968,as amended

A

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed on probation, the court shall consider all information relative, to the character, antecedents, environment, mental and physical condition of the offender, and available institutional and community resources.

Probation shall be denied if the court finds that:
* The offender is in need of correctional treatment that can be provided most Effectively by his commitment to an institution; or

  • There is undue risk that during the period of probation the offender will commit another crime; or
  • Probation will depreciate the seriousness of the offense committed.
32
Q

Disqualified Offenders

A
  • Imprisonment of more than six years;
  • Convicted of any Crime against the National Security of the or Crimes against Public Order ;
  • who have previously been convicted by final judgment of an offense punished by “imprisonment of more than 6 months and one day” and/or a fine of more than one thousand pesos(1,000)
  • who have been once on probation under the provisions of this Decree; and
  • who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.
33
Q

Violation of the Following shall Disqualify anOffender to avail of the Benefits of Pd 968, as amended;

A
  1. Video gram Law (PD 1987)
  2. Omnibus Election code (BP 881)
  3. Wage Rationalization Act (R.A 6727)
  4. Comprehensive Dangerous Drugs act (R.A 9165)
34
Q

Is Probation a right?

A

No, Probation is only a privilege, not a right

35
Q

Time for application

A

The law says that the application for probation should be made within the period perfecting an appeals or within 15 days from promulgation of judgment.

Note!!
-after 15 days the decision is final!

36
Q

Effect on Appeal

A

The filing of application (for probation) shall be deemed a waiver of the right to appeal.In such case,the accused cannot,even by withdrawing his application for probation,reinstate his appeal or right to appeal.

37
Q

WHERE CAN WE FILE THE APPLICATION FOR PROBATION?

A

Filed directly to the trial court that heard and sentenced the person applying for probation.

38
Q

WHEN SHALL PROBATION TAKE EFFECT?

A

Upon its issuance.

NOTE!!
-ONLY THE JUDGE WHO HEARD AND DECIDED THE CASE HAS THE POWER TO GRANT,DENY,MODIFY,REVOKE,AND TERMINATE THE PROBATION

39
Q

WHO HAS THE CONTROL OF PROBATION PROGRAM AND THE PROBATIONER?

A

Court who place on probation.

NOTE!!
-Probation officer only have actual supervision and visitation.

40
Q

WHEN TO APPLY FOR PROBATION?

A

After conviction and sentence,a convicted offender or his counsel may file petition for probation

41
Q

WHERE TO APPLY?

A

The presiding judge of the sentencing court.

42
Q

Form of Application

A

The law does not prescribe any particular form and therefore it may be in any form,written or oral.For recording purposes,however,oral application should be reduced into writing.

43
Q

Post Sentence Investigation

A

Scope of Investigation

The inquiry should be a thorough investigation into the character, antecedents, environment, mental and physical condition of the offender and available institutional and community resources as well as all other matters bearing the following questions:

(a) Whether or not the offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution;

(b) Whether or not there is undue risk that during the period of probation the offender will commit another crime; and

(c) Whether or not probation will depreciate the seriousness of the offense.

44
Q

Courtesy Investigation

A
  1. Full Blown Courtesy Investigation (FBCI)
  2. PARTIAL COURTESY INVESTIGATION (PCI)

Full Blown Courtesy Investigation (FBCI): Is a transient offender in a place of commission of the crime and/or a permanent resident of another place; Has spent pre-adolescent and/or adolescent life in the province or city of origin; Has attended and/or finished education therein; and Have immediate family members and acquaintances who are residents of the place of origin. Blown Courtesy Investigation (FBCI)

Partial Courtesy Investigation (PCI): It shall be used for petitioners who do not fall within the purview of the FBCI and is conducted by another PPO.

45
Q

Submission of Investigation Report

A

The investigation report having been completed, the Chief Probation and Parole Officer should submit his report to the court, “not later than 60 days from receipt of the order of the court to conduct the investigation”.

The same period is merely directory, not mandatory, in the sense that an investigation report submitted after 60 days would still be a valid report.

NO COPY OF REPORT FOR APPLICANT: The investigation report as well as the supervision history “shall be privilege and shall not be disclosed directly or indirectly to anyone other than the Parole and Probation Administration or the court concerned.

NO RIGHT OF APPLICANT TO COMMENT ON REPORT: There is nothing in the Probation Law which entitles the applicant to submit any comment or demand that the court should consider the same.

46
Q

Grant or Denial of Probation

A

Probation Discretionary - Probation shall be denied if the court finds that: The offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; There is an undue risk that during the period of probation, the offender will commit another crime; or Probation will depreciate the seriousness of the offense committed.

APPLICANT MAY REJECT GRANT OF PROBATION The law does not oblige the defendant to accept the probation granted by the court. He should be allowed to turn down the same grant especially since he might feel that the terms and conditions thereof are too onerous for him. Issuance of Probation Order- A probation order shall take effect UPON ITS ISSUANCE, at which time the court shall inform the offender of the consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the said order or his commission of another offense, he shall serve the penalty impose for the offense under which he was placed for probation..

47
Q

Conditions after given Probation by the Court

A
  • Present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order within Seventy-two hours from receipt of said order;
  • Report to the probation officer at least once a month at such time and place as specified by said officer. cooperate with a program supervision.
  • Devote himself to specific employment and not change said employment without prior written approval of the probation officer
  • undergo medical, psychological, or psychiatric examination and treatment and enter and remain in a specified institution, when required for the purpose
  • pursue a prescribed secular study or vocational training
  • attend or reside in a facility established for instruction, recreation, or residence of persons on probation
  • refrain from visiting houses of ill-repute
  • abstain from drinking intoxicating beverages to excess
  • permit the probation(and parole)officer or and authorized social worker to visit his home and place of work
  • reside at premise approved by it and not to change his residence without its prior written approval
48
Q

Violation of Probation Condition

A
  1. Fact finding investigation order of the court to the Chief Probation and Parole Officer
  2. The PPO prepare and submit violation report to the Chief Probation and Parole Officer
  3. Filing of violation report to the trial court
  4. Arrest of erring probationer (WOA)
  5. Hearing of violation in the court (summary in nature)
  6. Disposition of probation either revocation, continuation or modification
49
Q

Modifications of Conditions For Probation

A
  • At any time during supervision
  • After summary hearing when the probationer violated any of its conditions
  • Upon application by the probation officer or the probationer himself

Note!!
Only the judge who heard and decided the case has the power to grant, deny, modify, revoke and terminate probation.

50
Q

A convicted defendant whose application for probation has been given due course by the court but fails to report to the probation office or cannot be located within a reasonable period of time.

A

Absconding petitioner

51
Q

A person whose probation was granted but failed to report for supervision or fails to continue reporting for supervision or whose whereabouts are unknown for a reasonable period of time.

A

Absconding probationer

52
Q

Qualifications of Volunteer Probation Assistants

A

Must be citizens of good repute and probity.

  • At least 18 years of age on the date of appointment
  • At least high school graduates and
  • Preferably residence of the same locality or community covering the place of residence of the probationer and/or the CPPOs, SPPOs, and SrPPOs, PPOsII, and PPOsI.

Other qualification:
* Of sound mind and of good moral character.
* As adequate and stable income and willing to serve without any compensation.
* Has no criminal record of conviction, except those who have shown exemplary may therefore be considered role model to fellow offenders.
* Has the time to supervise a maximum of 5 clients.

53
Q

Case Load

A

The maximum supervision caseloads of a Probation Aide / Volunteer Probation Assistants at any given time shall be

Ten (10) probationers on minimum case classification or

Three (3) probationers on maximum case classification in addition to other duties.

54
Q

Outside Travel of Probationer

A

If the requested outside travel is for more than thirty (30) days, said request Section 41 of Parole and Probation Administration Omnibus Rules on Probation Methods and Procedure. Purpose. Outside Travel. –

A Probation Officer may authorize a probationer to travel outside his area of operational/territorial jurisdiction for a period of more than ten (10) days but not exceeding thirty (30) days.

A Probationer who seeks to travel for up to thirty (30) days outside the operational/territorial jurisdiction of the Probation Office shall file at least five (5) days before the intended travel schedule a Request for Outside Travel (PPA Form 7) with said Office properly recommended by the Supervising Probation Officer on case and approved by the CPPO.shall be recommended by the CPPO and submitted to the Trial Court for approval.

Outside travel for a cumulative duration of more than thirty (30) days within a period of six(6) months shall be considered as a courtesy supervision.

55
Q

Summary Process on Granting Probation

A
  1. Granted by Court
  2. 10 days to Prosecutor’s comment
  3. Parole and Probation Administration Officer
  4. Referral “Order to Investigate
  5. Post – Sentence Investigation(PSI)(60 Days)
  6. Post – Sentence Investigation Report (PSIR)
  7. Trial judge decision within 15 days
    a. Granted – Probation Supervision Denied – b. serve the original sentence.
    8.Condition (Mandatory and others)
    Mandatory – within 72 hours report
    Others – 1/mos.
  8. Condition (Comply or Non-Comply)
    a. Complied – Final or Termination
    Report Non-Complied – violation or revocation report hearing “Justified” issue extension modify condition
    c. Revocation order- w/ order to arrest
56
Q

PROBATION INVESTIGATION PROCESS

A

A person had been accused of a crime can either be detained in jail or released in the coomunity.
The Prosecutor will be furnished a copy of the application for the probation for his/her comment,if there is any, within 10days upon receipt thereof.The Court shall act on the said application within 15 days upon the receipt of the petitioner’s application for probation.
No application for probation shall be entertained or granted if the defendant has an appeal from the judgment conviction.
If the convicted individual applied for probation, it is an automatic waiver of his right to appeal. If he appealed,he could no longer apply and be allowed to enjoy the benefits of P.D 968, as ammended.
Should the applicatin for probation be given due to course by the Honorable Court, the accused will then be investigated and assessed wether legally qualified and suitable to undergo a community-based rehabilitation program.
The court will issue a Referral, otherwise known as an Investigation Order.

57
Q

CONTENTS OF AN INVESTIGATION ORDER

A
  • The Investigation Order directs the Chief Probation and Parole Officer to;
  • Conduct Post Sentence Investigation (PSI)
  • Submit a Post Sentence Investigation Report(PSIR)
  • Submit PSIR within 60 days.
58
Q

Early Discharge and Termination

A
  • The arrangement takes place when probation is made to pay restitution, reparation and indemnification.
  • In PSIR the recommended payment is that within 1 ⁄ 2 of term probation – full payment – eligible for consideration for early termination.
59
Q

The following probationers may be recommended for the early termination of their probation period:

A
  1. Those who are suffering from serious physical and/or mental disability such as deaf- mute, the lepers, the crippled, the blind, the senile, the bed-ridden, and the like;
  2. Those who do not need further supervision.
  3. Those who have:
    a. To travel abroad due to any of the following:
    i. An approved overseas job contract or any other similar documents; or
    ii. An approved application for scholarship,
    iii. observation tour or study grant for a period not less than six (6) months;
    or
    iv. An approved application for immigration. v. An approved application to take the Bar and Board Examinations.

To render public service
i. Having been elected to any public office; or
ii. Having been appointed to any public office.

NOTE:
Provided, however, that the probationers involved have fully paid their civil liabilities, if any.

And, that the probationers were not convicted for offenses involving moral turpitude. Other probationers who have fully cooperated with/participated in the programs of supervision designed for their rehabilitation and who are situated under conditions/circumstances similar in nature to those above described at the discretion of the proper authorities.

60
Q

Period of Probation and its Implication (Sec. 14 Of PD 968)

A
  • If the convict is sentenced to a term of imprisonment of
  • NOT MORE THAN ONE (1) year, the period of probation shall NOT EXCEED TWO (2) YEARS.
  • In all cases, if he is sentenced to
  • MORE THAN ONE(1) YEAR, said period SHALL NOT EXCEED SIX
  • (6) YEARS.
  • When the sentence imposes a FINE ONLY and the offender is made to SERVE SUBSIDIARY IMPRISONMENT in case of insolvency, the period of probation shall NOT BE LESS THAN NOR TWICE the total number of days of subsidiary imprisonment as computed at the rate established by the RPC Art. 39.

NON-INSTITUTIONAL CORRECTION (2 decks)

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