Basic Terms to Remember: Penology


Section 26. Duties and Functions of the Disciplinary Board



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Section 26. Duties and Functions of the Disciplinary Board

The board is tasked to investigate the facts of an alleged misconduct referred to it, it shall hold sessions as often as necessary in a room, which may be provided for the purpose. All cases referred to it shall be heard and decided within 48 hours from the date of receipt of the case.



Disciplinary Punishment in Jail / Prison

  1. Counsel and Reprimand

  2. Loss of Privileges

  3. Loss of Good Conduct Time Allowance

  4. Close Confinement

  5. Reduced Diet

The Treatment Programs

  1. Institutionalized Treatment Programs

  1. Prison Education – the cornerstone of rehabilitation. It is the process or result of formal training school or classrooms intended to shape the mind and attitude of prisoners towards good living upon their release.

  2. Work Programs / Livelihood Programs – these are programs conducive to change behavior in morale by training prisoners for a useful occupation. It is purposely to eliminate idleness on the part of prisoners, which may contribute to “Prison Stupor”, and it affects the incidence of Prison riot.

  1. Industrial Programs – concerned in goods or products production

  2. Agricultural Programs – concerned in crops and farm activities and programs

  3. Religious Services in Prison / Spiritual Programs – the purpose of this program is to change the attitudes of inmates by inculcating religious values or belief.

  4. Sports and Recreational Programs – the only leisure program that is conducted during free time schedule.

  5. Medical and Health Services – medical and Health Services includes: Mental and Physical Examination, Diagnostic and Treatment, Immunization, Sanitary, Inspection, Participation in Training.

  6. Counseling and Casework

Penal Servitude / Prison Labor

Six Systems of Prison Labor are:

Penal Servitude – a punishment, which consist of keeping an offender in confinement and compelling to labor. It is also known as Prison Labor. Penal Servitude is being conducted in Hard Shops

Types:

  1. Lease System – the state turns the prisoners over to a private lease. The latter feeds clothes, guards, and houses and disciplines the prisoners. This system prevailed in the southern states of the United States. These systems no longer exist.

  2. Contract System – the state, under this system, retains control of the prisoner and the contractor merely engages with the state for the labor of the inmates, which is performed within or near the prison. The contractor supplies the raw material and supervises the work and pays the institution the stipulated amount for the services of the prisoners. These systems no longer exist.

  3. Price-Piece System – under this system the contractor supplies the raw materials and pays the state a determined amount for the work done on each articles produced. The institution retains control of the inmates including the daily quantity of work required. This system has also been abolished.

  4. Public Account System – in the Public Account System, the state buys the raw material, manufactures and sells the products and assumes all the risk of conducting a manufacturing business. Today, prison-made products cannot be sold in the open market.

  5. State-Use System – under this system, the state conducts the manufacture of the article but the use of the article is limited to state owned institutions. The principle of the system is that the state produces articles or merchandise for its own consumption alone and in the process affords the prisoner opportunities to train for a vocation.

  6. Public Works and Ways System – Prison Labor is used in the construction and repair of public buildings, roads, bridges, flood control, reforestation, clearing land, preventing soil erosion, etc. the ,system does not involve the application of prison labor to the production of consumption goods.

Modes and Guidelines of Release – the following modes and guidelines shall be observed when inmates are to be released from detention.

  1. An inmate may be released through:

  • Service of Sentence – released by director

  • Order of the Court – thru probation or acquaintance

  • Parole – by BPP

  • Pardon - released by the order of the President

  • Amnesty – released by the order of the President and Congress

  1. Before an inmate is released, he/she shall be properly identified to ensure that he/she is the same person received and will be released. His/her marks and fingerprints shall be verified with those taken when he/she was received.

Any changes or differences in his/her distinguishing marks and scars shall be investigated to ascertain his/her real identity in order to prevent the mistaken release of another person.

  1. No inmate shall be released on a mere verbal order or an order relayed by telephone. The release of an inmate by reason of acquittal, dismissal of case, payment of fines and/or indemnity, of filing of the release order served by the court process server.

The Court shall bear the full name of the inmate, the crime he/she was charged with, the criminal case number and such other details that will enable the officer in charge to properly identity the inmate to be released.

  • Upon proper verification from the court of the authenticity of the Order, an inmate shall be released promptly and without unreasonable delay.

  • Under proper receipt, all money earned and other valuables held in trust when first admitted, shall be returned to the inmate upon release.

  • The released inmate shall be issued a Certification of Discharge fron jail by the Warden/Wardress or his/her authorized representative.

Pregnant Female Inmate

Pregnant women must be given special considerations and if ever that the child was born, the said child will have to stay to his/her mother for not more than one year.



Can an Inmate Marry?

  • Yes...But...

  • Be held inside the jail

  • Request must be produced to the Superintendent

  • Expenses must be shouldered by the inmate

  • Solemnized by the prison chaplain

  • No media coverage

  • No jail personnel sponsors and witness

Miscellaneous Topics about Institutional Correction

  • The United Nations Standard Minimum Rules for the treatment of offenders prescribes that penal institution should not exceed 1,200 inmates. Smaller institutions should however not be too small as to make operating cost too expensive.

  • Super Security Facility – a small portion of any prison population consists of incorrigibles, recidivists, escape artists, and chronic troublemakers. This category of prisoners should be confined in a unit or institution separate from the general population.

BUCOR’s Teams under Riot and Disorders

  • Group 1anti riot assault with shields, head gear, gas mask, and baton to disperse the rioters and leaders

  • Group 2 back up team with tear gas and gas grenades

  • Group 3fire arms team use firearms with permission of the guard in charged

Salient Points on RA 10575 “BUCOR LAW OF 2013”

Classification of Dormitory

  1. Type A Dormitory – above 500 inmate capacity and lot area of more than 1.5 hectares

  2. Type B Dormitory – 101 to 500 inmate capacity and lot area of 1.5 hectares

  3. Type C Dormitory – 1 to 100 inmate capacity and lot area of 3,000 aq. m.

Cell Capacity

  1. Ideal habitable floor area per inmate = 4.7 sq. m.

  2. Max. number of inmates per cell = 10

  3. Max. number of bunks beds = 5 units two level

Key Positions

The BUCOR shall be headed by a Director who shall be assisted by three Deputy Director: 1 for Administration, 1 for Security and Operations, and 1 for Reformation, all of whom shall be appointed by the President upon the recommendation of the Secretary of the DOJ who shall have tenure of 6 years.



BuCor Manning Level

  1. 1:7 for 3 shifts

  2. Reformation personnel to inmate ratio of 1:24 for 1 shift

  3. The reformation ration is broken down into the following:

  1. Moral and Spiritual Personnel to Inmate ratio is 1:240

  2. Educational and Training Personnel to Inmate ratio is 1:120

  3. Work and Livelihood Personnel to Inmate ratio is 1:180

  4. Sports and Recreation Personnel to Inmate ratio is 1:225

  5. Health and Welfare Personnel to Inmate ratio is 1:80

  6. Behavior Modification Personnel to Inmate ratio is 1:150


BuCor Officers Basic Qualification

*All of the requirements asked by law is very much the same of the PNP, BFP and BJMP but only differs in mandatory AGE requirement which is 21 to 40 years old for the BuCor.

PROF. LESLIE ANN D BANAAG, RCrim “The Preparation you make will give you the greatest change in your life”


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