PRELIM

• CORRECTION​

  • The branch of the administration of CJS charged with the responsibility for the custody, supervision, and rehabilitation of convicted offenders.​
• TYPES OF NON- INSTITUTIONAL CORRECTION

  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 that type of correctional program that enables the convicted felon after serving the minimum imposable penalty may be eligible for release on parole.​
• 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.​
• Community - Based Correction Programs in the Philippines​

  • The Community-Based Treatment Programs are those programs that are intended to treat criminal offenders within the free community as alternatives to confinement.​

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  • It includes all correctional activities directly addressed to the offender and aimed at helping him to become a law- abiding citizen.​
• 2 FORMS OF CORRECTIONS:​

  * ​INSTITUTIONALIZED CORRECTION​ - The rehabilitation of offenders in jail or prison.

  *  COMMUNITY BASED CORRECTION​ - Refers to correctional activities that may take place within the community.​

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• What is PROBATION?​​

  • It is a disposition whereby a defendant, after conviction of an offense, the penalty of which does not exceed 6 years of imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision of a probation officer.​

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  • It is a 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​

  • A term coined by John Augustus, from the Latin verb “Probare”- to prove, to test. ​
  • Latin word “Probatio” coined by Frederick Renier which means testing period ​
• Probation​

  • One of the most common forms of community correction is probation. Probation can be thought of as a type of post-trial diversion from incarceration. ​
  • A procedure wherein a sentence of offender is temporarily suspended, and he is permitted to remain in the community, subject to control of the court and under the supervision and guidance of a probation officer
• Probation

  • It is a disposition under which a defendant after conviction of an offense, the penalty of which does not exceed 6 years of imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision of a probation officer.​
• Two Types of Probation:​​

  1. Juvenile Probation covering offenders ages 9 and under 18 (PD 603) as amended by RA 9344​

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  2. Adult Probation covering ages 18 and above (PD 968)​

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• Development of Probation​

  • Probation started in England with the old practice of suspending judgment and releasing the offender on his own recognizance with the promise not to commit any more crime. Oftentimes, a surety was required, and the guarantor was given the authority to bring back the offender to the court if he violated the conditions of his release.​
  • In the United States, probation law was passed in Massachusetts in 1878 it was not until the passage of the first Juvenile Court Law of Cook County (Chicago) in 1899 that probation was widely used. ​
• Royal pardons


  could be purchased by the accused; activist judges could refrain from applyingstatuses or could opt for a lenient interpretation of them; stolen property could bedevalued by the court so that offenders could be charged with a lesser crime. ​
• Shock Imprisonment


  often referred to as 'shock' Boot-camp, military style prison that focuses on giving the offenders independence and structure as well as promoting responsibility in a learning environment
• Split Sentencing


  The task of taking a sentence that is usually too long and breaking it up into two or more simpler sentences
• Forerunners of Probation 

  Benefits of Clergy​ - 13th century, a compromise between the church and the King, wherein any member of the clergy brought to trial in the king’s court shall be claimed from that jurisdiction by the bishop or chaplain representing him and placed under the authority of the ecclesiastical court.​

  ​Judicial Reprieve​ - This is a temporary suspension of the execution of a sentence by the judge either before or after judgment.​
• Recognizance​ - This involves  an obligation or promise under oath that the accused  must “keep peace” and “be of good behavior”​

  ​Transportation​ - The sending or putting away of an offender to another colony. It was an attempt to substitute for brutal punishment at home an opportunity for rehabilitation in a new country.​

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• HISTORICAL DEVELOPMENT OF PROBATION IN ENGLAND​

  ENGLAND​ - It is where probation started in a form of suspending judgment and releasing offender on his own Recognizance (ROR)​
• Matthew Davenport Hill​

  • considered the “father” of probation in England.​
  • an 18th century English barrister and judge​
  • became the Recorder of Birmingham, a judicial post. ​
  • He finds persons who act as guardians of the juvenile offender. Then at an unexpected period, the confidential officer visits the guardian, makes inquiries and keeps notes of information received.​
  • Hill had police officers pay periodic visits to these guardians in an effort to tack the offender’s progress and to keep a running account.​
• AID ASSOCIATION OF MARYLAND​

  • 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.
• AID ASSOCIATION OF MARYLAND​

  • 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.​
• USA – UNITED STATES OF AMERICA​

  • The first state 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​
  • ➢but widely upon the passage of the first Juvenile Court law of Cook Country in Illinois​

  ✓ Edward Savage – first Probation officer​
• John Augustus (True Probation Officer)​

  • Father of Probation in the USA. ​
  • Was a Boston shoemaker ​
  • member of Washington Total Abstinence Society, formed in Boston in 1841 to promote temperance and to reclaim drunkards. ​
  • In 1841, John Augustus attended police court to bail out a “common drunkard,” the first probationer. ​
  • He volunteered his 18 years in life as probation officer ​
• John Augustus (True Probation Officer)​

  • He was considered as the first official Probation Officer​
  • Promote temperance and to reclaim drunkard – later he began to take men and women charged with other crimes, then eventually children. ​
• Methods of Augustus​

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  • Provide bail for temporary suspension of punishment of sentence ​
  • Then he sought counsel and assist his charges in finding homes, securing employment, and adjusting family difficulties.​
  • At the end of probation, he brought the offender back to court- if no further charges are found – judge imposes a nominal fine with the cost if a man is poor, Augustus advanced fine as a loan. ​
  • Augusts efforts was credited with the establishment of the PRE-SENTENCE INVESTIGATION. ​
• 1841​

  • considered as birth year of probation. ​
  • August 1841- Rugged drunk man (3 weeks -The drunkard was brought back to court where the judge cannot recognize him. Imposes a fine of $ 3.76.) ​
  • By 1858, John Augustus had provided bail for 1,946 men and women, young and old. Reportedly, only ten of this number forfeited their bond.​
• Fr. Rufus Cook​

  • a chaplain in Boston, Massachusetts who continued the work of Augustus after the latter’s death and employed humane but unscientific approach.​
• MASSACHUSSETTS​

  • became the 1st country to enact a probation law on April 21/26, 1878​
  • Developed “Security for Good Behavior” or otherwise known as Good Aberrance​
  • It was signed by Alexander Hamilton Rice​
  • Massachusetts Trial Court Probation Service, more commonly referred to as the Massachusetts Probation Service (MPS), is the Commonwealth's primary supervisory law enforcement agency. Created in 1878, it is the first Probation agency established in the United States.​
• Gardner Taft – Director of Massachusetts Board of State Charities

  • - Corrections. He said “the result for probation in cases of Juvenile offender proved effectively, and authorize to appoint probation officer for adult offender.​
• • MISSOURI​ - adopting a partial measure with its “Parole of Convicted Person’s Law Of 1897.
• • VERMONT​ -
  • The 2nd state to enact probation law.​
  • Vermont Act of 1898​
  • The Real Probation Law (applied to adult offenders)​
  • like Missouri and unlike Massachusetts provided for probation only after suspension of the execution of sentence.​
• RHODE ISLAND​

  • The 3rd state to enact a real probation law​
  • First appeared a complete state-administered probation system.​
  • The Act of 1899 empowered the board of state charities and corrections to appoint a state probation officer and additional probation officers, “one of whom at least shall be a women,” to serve all courts in the state.​