CA2

• Non-Institutional Corrections


  Refer to that method of correcting sentenced offenders without having to go to prison
• Community-Based Correctional Programs


  Programs intended to treat criminal offenders within the free community as alternatives to confinement
• Community-Based Corrections includes all correctional activities directly addressed to the offender and aimed at helping him to become a law-abiding citizen
• Advantages of Community-Based Corrections

  • Family members need not be victims also for the imprisonment of a member
  • Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prisons
  • Rehabilitation can be monitored by the community
  • Cost of incarceration will be eliminated
• Probation


  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

  A correctional program that enables the convicted felon after serving the minimum imposable penalty to be eligible for release on parole
• Executive Clemency


  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


  A 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
• Parole and Probation Administration (PPA)


  • Under the Court
  • Headed by Administrator
  • Handles the Investigation petitioners for Probation & Supervision of Probationer, Parolees, and Conditional Pardonees
• Father of Pardon and Probation in the Philippines

  Hon. Teodulo Natividad was the first Administrator
• Board of Pardons and Parole (BPP)


  • Headed by Chairman (DOJ Undersecretary)
  • Responsible for grant of Parole and recommending Executive Clemency to the President (E.O 83, series of 1937)
• Department of Social Welfare and Development (DSWD)

  • Act. 3202, PD 603
  • JJWC (9344) IJISC (10630)
  • Headed by DSWD Undersecretary as Chairman
  • Renders services for Children in Conflict with the Law (CICL)
• PROBATION


  • Judicial function
  • Latin verb "probare" - to prove, to test
  • Is a procedure under which the court releases a defendant found guilty of a crime without imprisonment subject to the condition imposed by the court and subject to the supervision of the probation service
• probare


  to prove, to test (John Augustus)
• probatio


  testing period (Frederick Rainier)
• Benefits of Clergy 


  if any member of the clergy brought to trial before the king's court, such clergy could be claimed from the jurisdiction by the bishop or chaplain; was subject to the ecclesiastical court only
• Judicial Reprieve 


  when there is a favorable circumstances in the criminal's character in order to give him opportunity to apply to the King for either an absolute or an conditional pardon; early english grants reprieves on condition that they accept deportation to english settlements in america.
• Recognizance or "Binding over for good behavior" 


  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 a crime that he would keep the peace and be of good behavior.
• Transportation 


  this was developed from an ancient practice of banishment
• England 


  it is where probation started in a form of suspending judgement
• Mathew Davenport Hill


  Father of Probation in England
• USA


  First state to enact a real probation
• Edward Savage 


  First Probation Officer
• John Augustus 


  True Probation Officer

  -was a Boston shoemaker
• How many men person did Augustus bail out?

  1, 946 men and women only then of them forfeited.
• 1841


  birth year of probation
• Fr. Rufus Cook


  a chaplain in Boston, who continued the work of Augustus
• Massachusetts 


  became the first country to enact a probation law
• Gardner Taft


  Director of Massachusets Board
• Vermont


  The 2nd state to enact probation law
• Rhode Island 


  The 3rd state to enact probation law
• New Jersey 


  4th state to enact probation law
• New York


  5th state to enact probation law
• California 


  6th state to enact adult probation
• Killets Case


  This decision led the passing of National Probation Act of 1925
• ACT. 4221


  enacted on Philippines Legislature on August 7, 1935

  This law provides probation for the first-time offenders, eighteen years of age or over
• In People vs. Vera (37 O.G. 164)


  The constitutionality of Act 4221 was challenged
• Grounds for challenging Act 4221

  • The said act encroaches upon the pardoning power of the executive
  • It constitutes an undue delegation of legislative power
  • It denies the equal protection of the laws
• House Bill No. 393 was filed in Congress by Teodulo C. Natividad and Ramon D. Bagatsing to establish a probation system in the Philippines


  1972
• The bill was passed by the House of Representatives but was pending in the Senate when Martial Law was declared and Congress was abolished