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GOOD DAY FUTURE REGISTERED CRIMINOLOGISTS!

CORRECTIONAL ADMINISTRATION 3 THERAPEUTIC MODALITIES Prepared by : Rommel R. Abog, RCrim , MSCJ (On-going)

GENERAL NATURE AND DEFENITION OF HUMAN RIGHTS HUMAN RIGHTS - those rights which are inherent on our nature and without which, we cannot live as human beings. Its allow us to develop and use our human qualities, intelligence, talents and conscience and to satisfy our spiritual and other needs. Supreme, inherent and inalienable rights to life, dignity, and self-development. The essence of these rights makes man human.

Basic characteristic of human rights: 1. Inherent – Not granted by any person or authority. 2. Fundamental – Without them, the life and dignity of man will be meaningless. 3. Inalienable – Cannot be rightfully taken away from a free individual. Cannot be given away or be forfeited. 4. Imprescriptible – Cannot be lost even if man fails to use or assert them, even by a long passage of time. 5. Indivisible – Not capable of being divided. Cannot be denied even when other rights have already been enjoyed. 6. Universal – It applies irrespective of one’s origin status, or condition or place where one lives. Rights can be enforced without national border. 7. Interdependent – The fulfillment or exercise of one cannot be had without the realization of the other.

Human Rights Principles: the dignity of man and human life is inviolable. From the dignity of man is derived the right of every person to free development of his personality. A legitimate state should exist to assure that in the discharge of the government functions, the dignity that is the birthright of every human being is duly safeguarded.

Classification of rights: 1. Natural rights – God-given rights, acknowledge by everybody to be morally good. Unwritte , but prevail as norms or the society. 2. Constitutional rights – Conferred and protected by the constitution and which cannot be modified or taken away by the law-making body. 3. Statutory Rights – Those rights which are provided by law promulgated by the law-making body. May be abolished by the body that created them.

SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW The 1987 Constitutions – The constitutions itself is a source, and not only the bill of rights. > The 1987 constitution is the basic source of human rights law in the phillippines . > As early as Biak na Bato, our forefathers are conscious about the rights of human beings. > A novel feature of the 1987 constitution is the independent constitutional office of the commission of Human Rights, the first national human rights commission in the world. > The CHR is not a regular commission, not like the CoA or the civil service, etc. It is an independent commission which investigates on human rights violations and establishes programs of education and information to enhance respect for the primacy of human rights. > This Constitution is sometimes called as ‘’Human Rights Constitution’’. > The 1987 Constitution is seventh Constitution drafted by Filipinos.

International Covenant on Civil and Political Rights (ICCPR) CIVIL AND POLITICAL RIGHTS Bill of Rights in the 1987 constitution – The bill of Rights is a regular fixture in all Philipine Constitution, except in the Biak na Bato Constitutions of 1897. 1935 Constitution, 1973 Constitution, 1986 Freedom Constitution – Bill of Rights 1943 Constitution – Duties and Rights of the Citizens. 1899 Malolos Constitution – The Filipinos and their National and Individual Rights. Bill of Rights – An enumeration of civil and political rights that are self-executing. It also serves as a restriction upon the powers of the powers of the state in order to preserve constitutional harmony and stability. > Father Joaquin Bernas , SJ – The Bill of Rights is to declare some forbidden zones in the private sphere inaccessible to any power holder.

HUMAN RIGHTS Those rights which are inherent in our nature and without which, we cannot live as human beings. It allows us to develop and use our human qualities, intelligence, talents and conscience and to satisfy our spiritual and other needs.

CHARACTERISTICS OF HUMAN RIGHTS INHERENT - not granted by any person or authority FUNDAMENTAL - without them, the life and dignity of man will be meaningless INALIENABLE - cannot be rightfully taken away from a free individual. Cannot be given away or be forfeited. IMPRESCRIPTIBLE- cannot be lost even if man fails to use or assert them, even by a long passage of time. INDIVISIBLE- Not capable of being divided. Cannot be denied even when other rights have already been enjoyed. UNIVERSAL - It applies irrespective of one's origin, status, or condition or place where one lives. Rights can be enforced without national border. INTERDEPENDENT - The fulfillment or exercise of one cannot be had without the realization of the other.

CHARACTERISTICS OF HUMAN RIGHTS 1. Natural Rights - God-given rights, acknowledged by everybody to be morally good. Unwritten, but prevail as norms of the society. 2. Constitutional Rights - Conferred and protected by the constitution and which cannot be modified or taken away by the law-making body. 3. Statutory Rights - Those rights which are provided by law promulgated by the law-making body. May be abolished by the body that created them .

CHARACTERISTICS OF HUMAN RIGHTS 1. Idealization- Notions about human rights start in the realm of the ideas that reflect consciousness against oppression or inadequate performance of the State. 2. Positivism - Where the support for the ideas become strong, and thus incorporate into legal instruments. 3. Realization- When these rights are already being enjoyed by the citizens by the transformation of the social, economic, and political order.

SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW The 1987 Constitution The Constitution itself is a source, and not only the Bill of Rights. International Bill of Rights Universal Declaration of Human Rights (UDHR) International Covenant on Civil and Political Rights (ICCPR)

RIGHTS OF PERSON UNDER CUSTODIAL INVESTIGATION Section 12, Article III of the 1987 Constitution The right to be informed of his rights The right to remain silent and to be reminded that anything he says can and will be used against him The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided for him Rights against torture, force, violence, threat, intimidation or any other means which may vitiate the free will of the person Right against secret detention places, solitary, incommunicado, or other similar forms of detention

REPUBLIC ACT NO. 7438 AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAININGAND INVESTIGATING OFFICERS, AND PROVIDEING PENALTIES FOR VIOLATIONS THEREOF Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers.- a. Any person arrested detained or under custodial investigation shall at all times be assisted by counsel. (independent and competent counsel) b. Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.

REPUBLIC ACT NO. 7438 c. The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumb marked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever. d. Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in latter's absence, upon a valid waiver, and in the presence of any of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.

REPUBLIC ACT NO. 7438 e. Any waiver by a person arrested or detained under provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise, the waiver shall be null and void and of no effect. f. Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family , or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human rights of by any international non-governmental organization duly accredited by the Office of the President. The person’s “ immediate family” shall include his or her spouse, finance or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

REPUBLIC ACT NO. 7438 As used in this Act, “custodial investigation ” shall include the practice of issuing to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the “inviting” officer for any violation of law. Section 3. Assisting Counsel.- Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation of those charged with the prosecution of crimes.

THE UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS (THE NELSON MANDELA RULES) RULES OF GENERAL APPLICATION Rule 1 All prisoners shall be treated with the respect due to the inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhumane or degrading treatment or punishment , for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners , staff, service providers and visitors shall be ensured at all times.

THE NELSON MANDELA RULES RULES OF GENERAL APPLICATION Rule 2 The present rules shall be applied impartially. Rule 3 Imprisonment and other measures that result in cutting off persons from outside world are afflictive by the very fact of taking from these persons the right of self- determination by depriving them of their liberty. Rule 4 The purposes of a sentence of imprisonment or similar measures deprivative of person's liberty are primarily to protect society against crime and to reduce recidivism. Rule 5 The prison regime should seek to minimize any differences between prison life and life at liberty that tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings.

THE NELSON MANDELA RULES PRISONER FILE MANAGEMENT Rule 6 There shall be a standardized prisoner file management system in every place where persons are imprisoned. Rule 7 No person shall be received in a prison without any valid commitment order. Rule 8 Prisoner’s personal information shall be entered in the prisoner file management system in the course of imprisonment.

THE NELSON MANDELA RULES PRISONER FILE MANAGEMENT Rule 9 All records referred to in rules 7 and 8 shall be kept confidential and made available only to those whose professional responsibilities require access to such records. Rule 10 prisoner file management systems shall be used to generate reliable data about trends relating to and characteristics of the prison population, including occupancy rates, in order to create a basis for evidence-based decision making.

THE NELSON MANDELA RULES SEPARATION OF CATEGORIES Rule 11 The different categories of prisoners shall be kept in separate institutions, taking account of their sex , age, criminal record , the legal reason for their detention and the necessities of their treatment.

THE NELSON MANDELA RULES ACCOMMODATION Rule 12 Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night cell or room by himself or herself. If for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room. Rule 13 All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation .

THE NELSON MANDELA RULES ACCOMMODATION Rule 14 In all places where prisoners are required to live or work: (a) The windows shall be large enough to enable the prisoners to read and work by natural light and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation; (b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight. Rule 15 The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner.

THE NELSON MANDELA RULES ACCOMMODATION Rule 16 Adequate bathing and shower installations shall be provided so that every prisoner can, and may be required to, have a bath shower, at a temperature suitable to the climate, as frequently as necessary for general hygiene according to season and geographical region, but at least once a week in a temperate climate. Rule 17 All parts of a prison regularly used by prisoners shall be properly maintained and kept scrupulously clean at all times.

THE NELSON MANDELA RULES PERSONAL HYGIENE Rule 18 Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and cleanliness.

THE NELSON MANDELA RULES CLOTHING AND BEDDING Rule 19 Every prisoner who is not allowed to wear his/her own clothing shall be provided with an outfit of clothing suitable for the climate and adequate to keep him or her in good health. Such clothing shall in no manner be degrading or humiliating. Rule 20 If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to the prison to ensure that it shall be clean and fit for use. Rule 21 Every prisoner shall, in accordance with local or national standards, be provided with a separate bed and with separate and sufficient bedding which shall be clean when issued, kept in good order and changed often enough to ensure its cleanliness.

THE NELSON MANDELA RULES FOOD Rule 22 1. Every prisoners shall be provided by the prison administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served. 2. Drinking water shall be available to every prisoner whenever he or she needs it.

THE NELSON MANDELA RULES EXERCISE AND SPORT Rule 23 1. Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits. 2. Young prisoners, and others suitable age and physique, shall receive physical and recreational training during the period of exercise. To this end, space, installations and equipment should be provided.

THE NELSON MANDELA RULES HEALTH-CARE SERVICES Rule 24 The provision of health care for prisoners is a State responsibility. Prisoners should enjoy the same standards of health care that are available in the community , and should have access to necessary health-care services free of charge without discrimination on the grounds of their legal status.

THE NELSON MANDELA RULES RESTRICTIONS, DISCIPLINE AND SANCTIONS Rule 36 Discipline and order shall be maintained with no more restriction than is necessary to ensure safe custody, the secure operation of the prison and a well ordered community life.

THE NELSON MANDELA RULES INSTRUMENTS OF RESTRAINTS Rule 47 The use of chains, irons or other instruments of restraint which are inherently degrading or painful shall be prohibited.

THE NELSON MANDELA RULES SEARCHES OF PRISONERS AND CELLS Rule 50 The laws and regulations governing searches of prisoners and cells shall be in accordance with obligations under international law and shall take into account international standards and norms, keeping in mind the need to ensure security in the prison. Searches shall be conducted in a manner that is respectful of the inherent human dignity and privacy of the individual being searched, as well as the principles of proportionality, legality and necessity.

THE NELSON MANDELA RULES CONTACT WITH OUTSIDE WORLD Rule 58 Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals; a. By corresponding in writing and using, where available, telecommunication, electronic, digital and other means; and b. By receiving visits

THE NELSON MANDELA RULES BOOKS Rule 64 Every prison shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.

THE NELSON MANDELA RULES RELIGION Rule 65 If the prison contains a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed or approved. If the number of prisoners justifies it and conditions permit, the arrangement should be on a full-time basis.

THE NELSON MANDELA RULES RETENTION OF PRISONERS’ PROPERTY Rule 67 All money, valuables, clothing and other effects belonging to a prisoner which he or she is not allowed to retain under the prison regulations shall on his or her admission to the prison be placed in safe custody. An inventory thereof shall be signed by the prisoner. Steps shall be taken to keep them in good condition.

THE NELSON MANDELA RULES NOTIFICATIONS Rule 68 Every prisoner shall have the right and shall be given the ability and means, to inform immediately his or her family , or any other person designated as a contact person, about his or her imprisonment, about his or her transfer to another institution and about any serious illness or injury.

THE NELSON MANDELA RULES INVESTIGATIONS Rule 71 Notwithstanding the initiation of an internal investigation, the prison director shall report, without delay, any custodial death , disappearance or serious injury to a judicial or other competent authority that is independent of the prison administration and mandated to conduct prompt, impartial and effective investigations into the circumstances and causes of such cases. The prison administration shall fully cooperate with that authority and ensure that all evidence is preserved.

THE NELSON MANDELA RULES REMOVAL OF PRISONERS Rule 73 1. When prisoners are being removed to or from an institution they shall be exposed to public view as little as possible and proper safeguards shall be adopted to protect them from insult, curiosity and publicity in any form. The transport of prisoners in conveyances with inadequate ventilation or light, or in any which would subject them to unnecessary physical hardship, shall be prohibited . (SCREEN TEST – sudden application of brake) 3. The transport of prisoners shall be carried out at the expense of the prison administration and equal conditions shall apply to all of them.

THE NELSON MANDELA RULES INSTITUTIONAL PERSONNEL Rule 74 The prison administration shall provide for the careful selection of every grade of the personnel, since it is on their integrity, humanity, professional capacity and personal suitability for the work that the proper administration of prison depends.

THE NELSON MANDELA RULES INTERNAL AND EXTERNAL INSPECTIONS Rule 83 1. There shall be a twofold system for regular inspections of prisons and penal services. a . Internal or administrative inspections conducted by the central prison administration; b . External inspections conducted by a body independent of the prison administration, which may include competent international or regional bodies.

THE NELSON MANDELA RULES INTERNAL AND EXTERNAL INSPECTIONS 2. In both cases, the objective of the inspections shall be to ensure that prisons are managed in accordance with existing laws, regulations, policies and procedures, with a view to bringing about the objectives of penal and corrections services, and that the rights of prisoners are protected.

THE NELSON MANDELA RULES TREATMENT Rule 91 The treatment of persons sentenced to imprisonment or a similar measure shall have as its purpose, so far as the length of the sentence permits, to establish in them the will to lead law-abiding and self-supporting lives after their release and to fit them to do so. The treatment shall be such as will encourage their self-respect and develop their sense of responsibility.

THE NELSON MANDELA RULES CLASSIFICATION AND INDIVIDUALIZATION Rule 93 1. The purpose of classification shall be: a. To separate from others those prisoners who, by reason of their criminal records or characters, are likely to exercise a bad influence; b. To divide the prisoners into classes in order to facilitate their treatment with a view to their social rehabilitation. 2. So far as possible, separate prisons or separate sections of a prison shall be used for the treatment of different classes of prisoners.

THE NELSON MANDELA RULES PRIVILEGES Rule 95 Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every prison, in order to encourage good conduct, develop a sense of responsibility and secure the interest and cooperation of prisoners in their treatment.

THE NELSON MANDELA RULES WORK Rule 96 Sentenced prisoners shall have the opportunity to work and or to actively participate in their rehabilitation, subject to a determination of physical and mental fitness by a physician or other qualified health-care professionals.

THE NELSON MANDELA RULES EDUCATION AND RECREATION Rule 104 Provision shall be made for the further education of the prisoners capable of profiting thereby, including religious instruction in the countries where this is possible. The education of illiterate prisoners and of young prisoners shall be compulsory and special attention shall be paid to it by the prison administration.

THE NELSON MANDELA RULES PRISONERS WITH MENTAL DISABILITIES AND/OR HEALTH CONDITIONS Rule 109 Persons who are found to be not criminally responsible or who are later diagnosed with severe mental disabilities and/ or health conditions, for whom staying in prison would mean an exacerbation of their condition, shall not be detained in prisons, and arrangements shall be made to transfer them to mental health facilities as soon as possible.

THE NELSON MANDELA RULES PRISONERS UNDER ARREST OR AWAITING TRIAL Rule 111 1. Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as “untried prisoners” hereinafter in these rules. 2. The unconvict prisoners are presumed to be innocent and shall be treated as such.

THE NELSON MANDELA RULES PRISONERS UNDER ARREST OR AWAITING TRIAL Rule 111 3. Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit from a special regime which is described in the following rules in its essential requirements only.

BAIL (Take note this) Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified.

Bail, a matter of right; exception – All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule: (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua , or life imprisonment. Bail a Matter of discretion Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua , or life imprisonment.

HUMAN RIGHTS VIOLATIONS The Universal Declaration of Human Rights (UDHR ) was established in response to the atrocities during WWII, including the Holocaust . The document outlines the human rights that all people are entitled to such freedom from torture, freedom of expression, and the right to seek asylum .

DEFINITION AND TYPES OF HUMAN RIGHTS VIOLATIONS A state commits human rights violations either Directly (commission) or indirectly (omission) Intentionally or as result of failing to prevent the violation EXAMPLES OF HUMAN RIGHTS VIOLATIONS Civil and Political Rights (genocide, torture, arbitrary arrest_ Economic, Social, and Cultural Rights (right to education, right to work, right to health)

VICTIMS COMPENSATION PROGRAM What is the law creating the Board of Claims? Republic Act no. 7309 is the law creating the board of claims under the Department of Justice granting compensation for victims of unjust imprisonment or detention and victims of violent crimes.

WHO MAY APPLY FOR COMPENSATION? 1.A person who was unjustly accused convicted and imprisoned and subsequently released by virtue of a judgement of acquittal; 2.A person who was unjustly detained and released without being charged; 3.A person who is a victim of arbitrary detention by the authorities as defined in the Revised Penal Code under a final judgment of the court; or 4.A person who is a victim of violent crime which includes rape in offences committed with malice which resulted in death or serious physical and/or psychological injuries , permanent incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty, or barbarity.

Exactly 7 Months of Intrauterine life – if less than 3 days or 72 hours killer parent/or not parent ( Infacticide ) Exactly 7 Months of Intrauterine life (but the Ambilical chord is still connected) “ABORTION” But if more than 3 days or 72 hours killer parent (Parricide) but if not parent (Murder) why? Presence of (Qualifying Aggravating Circumstance) which is “ABUSE OF SUPERIOR STRENGTH” QAC – changes the nature of the crime. Less than 7 Months of Intrauterine life – must be 24 hours from birth to be considered as Human. If less than 24 hours – killed crime whether parent or not it is “ABORTION” If exactly 24 hours – killed whether parent or not (Infanticide)

WHEN SHOULD A CLAIM BE FILED? Section 5. When to File Claims. - Any person entitled to compensation under this Act must, within six (6) months after being released from imprisonment or detention, or from the date the victim suffered damage or injury , file his claim with the Department, otherwise, he is deemed to have waived the same. Except as provided for in this Act, no waiver of claim whatsoever is valid.

HOW IS A CLAIM FILED? •A claimant may file a claim with the board by filling up an application form provided for the purpose with the Secretariat of the Board of Claims, Department of Justice . Thereafter, he will be interviewed, and he will be duly notified of the action taken by the Board.

HOW MUCH IS GIVEN TO A QUALIFIED APPLICANT? 1. For the victims of unjust imprisonment , the compensation shall be based on the number of months of imprisonment and every fraction thereof shall be considered one month, but in no case shall such compensation exceed one thousand pesos (Php1,000.00) per month. 2.In all other cases the maximum for which the Board may approved a claim shall not exceed ten thousand pesos (Php10,000.00) or the amount necessary to reimburse the claimant the expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to the injury whichever is lower to be determined by the Board.

MAY THE DECISION OF THE BOARD OF CLAIMS BE APPEALED? Yes, Section 8 provides that “Any aggrieved claimant may appeal, within fifteen (15) days from receipt of the resolution of the Board to the Secretary of Justice whose decision shall be final and executory.”

RESTORATIVE JUSTICE Restorative Justice is a process through which remorseful offenders accept responsibility for their misconduct, particularly to their victims and to the community. •It creates obligation to make things right through proactive involvement of victims, ownership of the offender of the crime and the community in search for solutions which promote repair, reconciliation, and reassurance.

RESTORATIVE JUSTICE Thus, the restorative justice process is actively participated in by the victim, the offender, and/or any individual or community member affected by the crime to resolve conflicts resulting from the criminal offense, often with the help of a fair and impartial third party.

WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A REHABILITATION PROGRAM IN PPA? ·Reintegration of the offenders to the social mainstream and encouraging them to assume active responsibility for the injuries inflicted to the victims; ·Proactive involvement of the community to support and assist in the rehabilitation of victims and offenders; ·Attention to the needs of the victims, survivors and other persons affected by the crime as participating stakeholders in the criminal justice system, rather than mere objects or passive recipients of services of intervention that may be unwanted, inappropriate or ineffective; ·Healing the effects of the crime or wrongdoing suffered by the respective stakeholders; and ·Prevention of further commission of crime and delinquency

HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA? DURING THE INVESTIGATION STAGE •Information such as victims’ version of the offense, effect of victimization to their lives, families, future, and plans, and victims’ appreciation on how the damage/harm inflicted by the crime can be repaired and healed are gathered to serve as input in the post-sentence investigation or pre-parole/executive clemency investigation reports prepared by the investigating officer (PPA) to be submitted to the Court respectively. These data are vital in the conduct of restorative justice processes during the supervision phase.

HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA? DURING THE SUPERVISION STAGE Restorative Justice Program is a part of the rehabilitation of the client which is incorporated in the client’s Supervision Treatment Plan (STP). In applying the various restorative justice processes for the client’s rehabilitation, the supervising officer observes the following points: •The parties are brought within the program out of their own volition. Parties have the right to seek legal advice before and after the restorative justice process. •Before agreeing to participate in the restorative justice process, the parties are fully informed of their rights , the nature of the process, and the possible consequences of their decision.

DURING THE SUPERVISION STAGE Neither the victim nor the offender is induced by unfair means to participate in restorative justice processes or outcomes. •Discussion in restorative justice processes should be highly confidential and should not be disclosed subsequently, except with the consent of the parties , and should not be used against the parties involved. • Where no agreement can be made between the parties, the case is withdrawn from the restorative justice process; and •In the event agreement is reached by parties, it is put in writing to give substance/essence to the agreement . The failure to implement any provision of the agreement made in the course of the restorative justice process is a basis for the withdrawal of the case from the program.

PEACEMAKING ENCOUNTER (Restorative Justice Model Applied in PPA) As a community-based decision model, the Agency Peacemaking Encounter is being implemented through the following processes:

VICTIM/OFFENDER MEDIATION  INTERESTED VICTIM HAS THE OPPORTUNITY TO MEET FACE-TO-FACE HIS/HER O FFENDER  SECURED AND STRUCTURED SETTING  TRAINED MEDIATOR CONFERENCING  PEOPLE MOST AFFECTED BY THE CRIME  VICITM, OFFENDER, AND THEIR FAMILIES, AFFECTED MEMBERS OF THE COMMUNITY CIRCLE OF SUPPORT  clients (undergoing community-based correction) , the VPAs, SELECTED MEMBER OF THE COMMUNITY

OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED UPON DURING THE RESTORATIVE JUSTICE PROCESS? A. Restitution (core” of victim’s right) Restitution is a process upon which the offender accepts accountability for the financial and/or non-financial losses he/she may have caused to the victim. B. Community Work Service Community Work Service, whether imposed as a condition of offender’s conditional liberty or integral part of his treatment plan , should be purposely motivated to make the offender realize that he/she incurred an obligation to make things right.

OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED UPON DURING THE RESTORATIVE JUSTICE PROCESS? Mentoring and Intergenerational service  caring for other people: orphanages, street children, senior citizen Economic development = link directly with the business project: cleaning downtown area, tree planting, recycling, garbage and waste management Citizenship and Civic participation = peer counseling, puppet shows that showcases values, sports participation. ( Sportmanship and healthy lifestyle). Helping the disadvantaged = enhances the self-esteem (self-respect) of the offender, assisting the handicapped, tutor peers, visiting the sick in hospitals, visiting the aged (senior) hospital, jail. Crime Prevention Project = brgy ronda . Giving testimonies to the youth.

OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED UPON DURING THE RESTORATIVE JUSTICE PROCESS? C.Counseling (whether individual, group or family) D.Attendance to trainings, seminars and lectures E.Participation in education, vocation or life skills program F.Group Therapy Session G.Spiritual development session/faith-based session H.Submission to psychological/psychiatric assessment I.Submission to drug test/drug dependency examination J.Attendance to skills training/livelihood assistance program K.Marital enhancement program L.Written or oral apology M.Submission to family therapy session N.Confinement in Drug Treatment Rehabilitation Center Including Aftercare

DIFFERENT THERAPEUTIC & TREATMENT MODELS

Therapeutic Community Modality Program(TCMP) The mandate of the Bureau of Jail Management and Penology (BJMP) is both safekeeping and development of inmates . The thrust of the Directorate for Inmates Welfare and Development is to devise programs for inmate development to prepare them for their eventual reintegration into the mainstream of society.

Therapeutic Community Modality Program(TCMP) The Therapeutic Community Modality Program (TCMP) is a self-help social learning treatment model which utilizes the community as the primary therapeutic vehicle to foster behavioral and attitudinal change. In this modality, the person learns and practices skills and responsibilities through structured activities that they can transfer to the society upon their release. At present, TCMP is recognized as the backbone program of the BJMP for inmate development and is being implemented in majority of the jails nationwide

TCMP IN THE BJMP: BACKGROUND In the BJMP, Therapeutic Community Modality Program (TCMP) was introduced in 1998 when a group of personnel underwent six (6) week live-in trainer’s training under the DAYTOP International trainers sponsored by the US State Department. From then on, several BJMP personnel were trained by DAYTOP trainers, namely Aloysius Joseph , Frederick Loke, Jimmy Curtin and Fernando Perfas . The program was initially implemented in selected jails in the National Capital Region (NCR). The TCMP training was cascaded to a significant number of BJMP personnel.

TCMP IN THE BJMP: BACKGROUND The Jail National Training Institute (JNTI) likewise incorporated the TCMP into its Program of Instruction (POI) for BJMP personnel undergoing mandatory trainings. Despite the significant number of trainer’s training conducted, sustaining the TCMP in jails remained a challenge. There is also the prevailing issue of development versus security. The wardens were adamant to implement the program for fear of security laxity due to the increased mobility of inmates during activities. The low ratio of jail personnel to inmates has caused such alarm. Despite these factors, some jails continue to implement the TCMP but activities are mostly centered on the Morning Meeting.

THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY PHASES OF TREATMENT

THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY PHASES OF TREATMENT Phase I – entry and orientation phase - Once the inmate is to committed to jail Undergoes a series of examination to determine his physical/social/ psychological status The rules and norms of the community Tc concepts (written and unwritten philosophy) - job functions and tc hierarchy - assigned to a static group (permanent group)

THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY PHASES OF TREATMENT Phase II – primary treatment Resident is also ready to undergo treatment proper. becomes part of the community crew member of the housekeeping

THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY PHASES OF TREATMENT Phase III – pre-reentry He should focus on the following learning: rebuild social and family ties Going up the ladder of hierarchy Realization of his full potential

THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY PHASES OF TREATMENT Phase IV – RE-ENRTY FOCUS: TRANSITION TO LIFE OUTSIDE THE JAIL CREATING NEW LIFESTYLE APPLYING THE TOOLS AND CONCEPTS of TC REINGETRATION INTO MAINSTREAM OF SOCIETY

THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY PHASES OF TREATMENT Phase V – AFTERCARE OUTPATIENT PROGRAM = REQUIRED TO REPORT 2X A WEEK TO AN OUTREACH CENTER/ ATTEND GROUP SESSIONS

PHYSICAL ENVIRONMENT There is adequate space to hold activities and rooms for specific meetings that require privacy. A clean and well-maintained kitchen that complies with the sanitary standards of BJMP. Provision of recreation areas both indoors and outdoors. The dining area is equipped with enough tables and chairs to accommodate the inmates. The internal and external environment is comfortable, clean, and welcoming. TC Philosophy and unwritten philosophies are visibly posted around the facility. Hierarchical structure and daily activities are displayed.

TCMP STAFF The TCMP staff has undergone proper training on TCMP Presence of a permanent TCMP staff to supervise the program and conduct the various activities Regular meetings are held by staff to discuss progress, issues, and concerns about the program All the jail staff are involved in the TCMP and are contributing members The TCMP staff will not be transferred to other jails until properly covered by another TC trained staff There is proper shift turn-over of TC trained staff daily TCMP staff can be utilized to handle other tasks but puts priority to TCMP The staff works as a team in delivering services to inmates. The staff serves as role models and treats inmates with respect and dignity Incentives are given to TCMP staff in terms of awards and commendations

THE INMATES/RESIDENTS The residents always treat each other with respect regardless of age, religion, cultural diversity, etc. The residents practice a culture of honesty and openness in discussing thoughts and feelings, providing and receiving feedbacks. The participants of TCMP are change agents in bringing about transformation among peers. The residents comply with the cardinal ( NO drugs, NO violence or threat of violence, NO sexual acting out and NO stealing) and house rules and serve as “ watchdogs” for their peers with the aim of correcting erring members. Absence or minimal incidence of jail violence/disturbance The residents respect the hierarchy and chain of command. Confidentiality is respected and practiced The residents are involved in decision making and planning in TCMP activities

PARTICIPANTS OF THE TCMP CONDUCTS “ MORNING MEETING ” Morning Meeting is a daily ritual that starts the day in a TC facility. It is attended by the whole community and lasts for an hour. It commences with the Opening Prayer, Singing of the Philippine National Anthem, and the recitation of the TC Philosophy.

PARTICIPANTS AND FACILITATORS RECITE THE TC PHILOSOPHY AS PART OF THE MORNING MEETING I am here because there us no refuge finally, from myself. Until I confront myself in the eyes and hearts of others. I am running. Until I suffer them to share my secrets I have no safety from them. Afraid to be known, I can know neither myself nor any other, I will be alone. Where else but in our common ground I can see such a mirror? Here, together, I can at last appear clearly to myself, not as giant of my dreams nor the dwarf of my fears, but as a person , part of a whole, with my share in its purpose. In this ground, I can take root and grow, not alone anymore, as in death but alive to myself and to others.

THERAPEUTIC COMMUNITY PROGRAM BY THE BUREAU OF CORRECTIONS (BUCOR) The Therapeutic Community (TC) Program represents an effective, highly structured environment with defined boundaries, both moral and ethical. The primary goal is to foster personal growth . This is accomplished by re-shaping an individual’s behavior and attitudes through the inmate’s community working together to help themselves and each other, restoring self-confidence, and preparing them for their re-integration into their families and friends as productive members of the community. Patterned after Daytop Therapeutic Center, New York which is the base of the Therapeutic Community movement in the world , the BuCor TC program was adopted as part of the Bureau's holistic approach towards inmate rehabilitation . It is implemented primarily but not limited to drug dependents .

THERAPEUTIC COMMUNITY PROGRAM BY THE BUREAU OF CORRECTIONS (BUCOR) BUCOR TC HISTORY March 1996 (fight against drugs) - crusade by inmates called the INMATES CRUSADE AGAINST DRUGS (ICAD) 1998 - DOJ - ADOPTED THE TC DRUG TREATMENT AND REHAB - DAYTOP TC NY (base therapeutic community movement in the world) BUCOR TCP – WAS BORN AND DESIGNED by DR. EDILINDA GARCIA – PATAC (primarily but not limited to drug dependents)

THERAPEUTIC COMMUNITY PROGRAM BY THE BUREAU OF CORRECTIONS (BUCOR) On sept 27, 1999 = bucor tcp was formally launhed using the facilities of the ICAD (inmates crusade against drugs) Where 22 inmates are involved. April 22, 2002 – STANDARD OPERATING MANUAL FOR TC WAS created.

BEHAVIORAL MANAGEMENT is the component of TCMP that introduces the concept and mechanisms of the various shaping tools to include morning meeting in order to facilitate the management of an shape the behavior of the residents PRE-MORNING MEETING (15 min daily before)

PRE-MORNING MEETING Duration/ Frequency: Fifteen minutes daily Participants: Senior Residents, Counselor What happened or what was the attitude of the house yesterday or on previous day. Senior Residents formulate solutions to be discussed during the day

MORNING MEETING Duration/ Frequency: One hour daily Participants: All residents, Counselor It commences with the Opening Prayer, Singing of the Philippine National Anthem and the recitation of the TC Philosophy. It is usually facilitated by any member of the community. It is divided into two (2) parts namely: 1. public announcements and community concerns (checking the behavior or erring members through “pull-up” encouragement of the ownership of mistake) then followed by affirmation of good deeds and 2 community-spirit building or up rituals.

PARTS OF THE MORNING MEETING I. COMMUNITY ANNOUNCEMENT/ CONCERNS a. Opening Prayer (Ecumenical) b. Singing of the Philippine National Anthem (Flag must be displayed) c. TC Philosophy (Adopted translation) d. Announcements Ø Staffs (Director, Asst. Director, Counselor & other personnel) Ø Residents (Coordinators, Dept Heads, expedites) Ø Report on Dorm Inspection by Chief Expediter) e. Community Concerns Ø Pull-ups/ elaboration Ø Affirmations f. Concept of the day g. Verse of the day

PARTS OF THE MORNING MEETING II. UP-RITUALS a. News casting (Local, Natl, International, Sports and Weather News) b. Entertainment (Choose either Song, dance, Skit, Humorous Story) c. Community Singing (Any song that has relation to the Concept of the Day) d. Greetings

HIERARCHY OF BEHAVIOR SHAPING TOOLS Behavior Shaping Tools (BST) is employed to strengthen the learning process and the practice of more adaptive behaviors within the social learning environment. The major tools of the BST, such as the Talk to, Pull-up, Dealt with, Haircut, Learning Experience, General Meeting and Expulsion were developed as a means to correct behaviors of the residents that violated the TC norms.

TALK TO A “Talk To ” is an outright done by any member of the TC community to another member who has done a minor infraction but is not aware of it. During a “Talk To”, the resident is made aware of his/her negative behavior and the results it may have on others and the environment. “the Violator is known”

PULL-UP A Pull-up is done as a result of lack, missed or lapses in awareness in a resident. All members of the community are responsible to pull-up minor infractions done by peers . It encourages honesty , demeanor awareness and owning up to one's mistakes. This is done when violator is unknown and must be validated first prior to bringing up in the Morning Meeting. Elaboration (must be explained well the rectification of faults) Affirmations “the violator is not known”

DEALTH WITH Dealth With is done when negative behaviors or infractions to the House Rules/ Norms are done for the second time of the same offense by a resident. A panel of three (3) composed of a senior resident , peer and a friend are tasked to deliver a serious and stern reprimand to the subjected resident

Although the tool does not strictly require the presence of a staff, to attain its purpose, the staff should monitor its conduct to ensure that the panel assigned to the task really acted appropriately. It is done privately in a room or an area with no other else hearing the conversation.

HAIRCUT Haircut is done when negative behaviors or infractions to the House Rules/Norms in same offense are done for the third time or more or for first time grave offenses. It is a carefully planned and structured verbal reprimand given by the staff with four other residents- Senior Resident, Peer, Big Brother, and Department head The staff or peer who booked the haircut should not be part of the team so as to avoid bias or subjectivity. Before a resident be subjected to Haircut, his/ her infraction must be first investigated , discussed and decided by the Disciplinary Board (Book II, Rule 2, Section 4 of the BJMP Manual. Sanction/ Learning Experience that has been decided upon by the jail Disciplinary Board and the TCMP staff will be imposed after the Haircut.

LEARNING EXPERIENCE A Learning Experience (LE) is an action or activity given to a resident who was subjected to Haircut or General Meeting who did an infraction to correct or modify a behavior . LE may be task-oriented, written task or peer interactions . Putting a person on LE for more than one (1) week may lessen the learning objective . Putting the person on LE for an extended period of time or sanctions that are far harsher than the offense or may deny him of the basic necessities may border on abuse and violation of human rights Senior resident - assigned to give a self-report (after 15 days) on how the resident who undergone LE carried out his responsibilities after the LE / resident’s condition (if further supervision is needed)

LEARNING EXPERIENCE Categories of Learning Experiences: a. Task-Oriented LE · Pots and Pans · Grounds and Landscaping · Cleaning and Maintenance · Time keeping (wake up calls, lights out calls) b. Written Tasks · Composition or essay · Reproduction of TCMP Materials c. Peer Interaction · Reading and reporting of topic · Announcements (Morning Meeting or House meeting) · Bans (sanctions to members who commit repeatedly infractions or violations to cardinal rules by prohibiting, disallowing, or limiting an activity or affiliation to a group )

LEARNING EXPERIENCE EXAMPLE RESIDENT  MISSING OUT HIS RESONSIBILITIES IN THE KITCHEN  he can be assigned of cleaning the kitchen for a specific period of time RESIDENT If a resident repeatedly leaves his bed in disarray  HE CAN BE ASSIGNED TO GIVE ORIENTATION AND SUPERVISION TO NEW RESIDENTS ON HOW TO KEEP THEIR BEDS NEAT AT ALL TIMES

Bans Bans are sanctions to members who commit repeatedly infractions or violation to the Cardinal Rules by prohibiting, disallowing or limiting an activity or affiliation to a group. Examples of Bans: Regulation of visiting privilege Banned from attending Entertainment and Recreational activities

GENERAL MEETING: A repeated breach to the Cardinal Rules and necessitates a General Meeting. Such issue should be discussed with the community to point out to the violator the negative effect of the behavior had on the community. These behaviors pose a threat to the community because they violate the established order and safety of the facility.

GENERAL MEETING: PROCEDURES IN GENERAL MEETING A General Meeting is called and led by a senior member of the staff , usually a Director of the facility. The Directo r sets the tone of the meeting and leads the community in an open expression of opinions and feelings regarding the offense brought out into the community . (how or what is extent of the problem must be assessed/ determine who are involved) As soon as the mood is set and the level of awareness of the community is raised, the leader calls for the violators to face the entire community. The leader encourages the community to express their feelings about the offense committed by the violators.

GENERAL MEETING: PROCEDURES IN GENERAL MEETING: After some members of the community have expressed their feelings, it is time for the violators to account for what they did, share their deepest feelings and verbalize what they learned from a mistake. After the violators made their statements and offer commitments, the Director will mark the closure of the issue and allow for processing of the events that transpired and provide appropriate emotional support to the violators who have just been subjected to intense emotional experience.

EXPULSION In extreme cases, when a resident is incorrigible and becomes a threat to the community (instigator, initiator of jail disturbances), the Director with the recommendation of the Disciplinary Board may transfer him/her to the nearest jail facility with an appropriate Court Order.

PSYCHOLOGICAL AND EMOTIONAL ASPECT Counseling is defined as a professional activity of helping individuals , groups or communities enhance or restore their capacity for psychological, emotional and social functioning and creating an environment favorable for the attainment of these goals.

PSYCHOLOGICAL AND EMOTIONAL ASPECT PSYCHOSOCIAL SKILLS AND CHARACTERISTICS OF COUNSELING Empathy - perceive the client’s feelings and demonstrate actual perception of the client. Putting oneself into the client’s shoe. Warmth - unconditional positive regard./ we care about the client as a person Respect - belief in the client’s ability to make appropriate decisions and deal appropriately with his or her life situationists “empowerment”. Congruence or genuineness - being honest and authentic while with the client. Confidentiality - anything discussed during the counseling sessions is absolutely private,

PSYCHOLOGICAL AND EMOTIONAL ASPECT Pattern of Counseling Session: Introduction: First 10 minutes Greet the client warmly Escort - counseling room Develop rapport Assure confidentiality Information gathering: about 20 minutes Know the reason of the consultation (clarifying, rephrasing, focusing, reflecting and reality testing etc )

PSYCHOLOGICAL AND EMOTIONAL ASPECT Pattern of Counseling Session: Discussion/ Counselor Input Conclusion End session Brief client on what to expect in the next session

PSYCHOLOGICAL AND EMOTIONAL ASPECT WHEN TO BREAK CONFIDENTIALITY children are being neglected or abused Appearance in court as witnesses Client expressed plan to commit suicide Plan to hurt/harm other people

PSYCHOLOGICAL AND EMOTIONAL ASPECT INITIAL INTERVIEW/ INTAKE INTERVIEW TCMP is introduced as a program for the development of inmates while they are awaiting trial. The intake interview in the jail setting is done by a Counselor to newly admitted residents. The main purpose is to elicit information about the resident and provide information about the program and what the expectations are on both parties.

PSYCHOLOGICAL AND EMOTIONAL ASPECT INITIAL INTERVIEW/ INTAKE INTERVIEW Participants: Newly committed residents, Counselor Duration:1 hour Procedure: 1. After the booking procedure, the Counselor/IWDO will conduct the initial intake interview to the newly committed residents using the intake interview form. This is done only in a designated area and one resident at a time.

PSYCHOLOGICAL AND EMOTIONAL ASPECT ONE TO ONE COUNSELLING/ INDIVIDUAL COUNSELING Duration and Frequency: One to two hours per session/ depending upon the needs as designed by the counselor. Participants: Counselor and Resident

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING STATIC GROUPS The Static Group is a permanent group of peers and leaders that meet regularly while the residents are in treatment. Duration/ Frequency: one hour/ once a week Participants: 10-15 residents, Counselor

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING PEER CONFRONTATION GROUP The group participants in Peer Confrontation group are selected by the staff and group according to peers like adult members will go with the same date of entry in the facility and same goes with the middle and young members. It is done in a more compassionate way where each resident try to help one another. Participants confront each other on what they do for themselves while in the facility and ask how they are coping with it.

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING PEER CONFRONTATION GROUP Duration/ Frequency: One hour/ twice a month Participants: 10-15 residents, Coordinator

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING SECRETS Secrets are a group activity where participants are given the opportunity to unload emotional baggage and thus experience freedom from internal psychological conflicts. It promotes trust among the participants knowing that each will reveal his utmost secrets to the group. Instructed to go to a place with no distractions (alone) Write a letter to yourself about how an event your life which has been keeping a deep secret then put into a box or bag then all residents will give an advice.

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING SECRETS Duration/ frequency: 1-2 hours/ once a month Participants: staff, 10-12 residents

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING ENCOUNTER GROUPS The Encounter Group serves as a “safety valve ” within the community which is usually high pressured and structured. It is a forum for members of the community to verbally express pent-up or negative emotions within a structured and safe environment without resorting to violence or aggression and without fear of reprisal.

The primary goal of an encounter group is to raise awareness of behaviors and explore the underlying feelings that led to such negative emotions.

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING E NCOUNTER GROUPS Duration/ frequency: 1-1 ½ hours/ once or twice a week Participants: counselor, 2 co-facilitators, 8-10 residents

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING ENCOUNTER GROUPS The flow of the encounter should pass through the four (4) phases: 1. Confrontation: verbalization concerns or honest disclosure of emotions that has been provoked during interpersonal interactions with another resident.(verbal expression of emotion as a way of release) 2. Exploration: In this phase, all the feelings that were expressed are further examined and explored and find out how it could have resulted in such way in order to evoke awareness on the connection of behavior, feelings and attitude. (blaming or finger pointing should be avoided)

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING ENCOUNTER GROUP 3. Resolution and Commitment : After some realizations and attaining some insights into their behaviors, the residents are now ready to move to the last phase to practice new behaviors. 4. Socialization: This is a structured social event where all those involved in an encounter will have ample time to mend fences with those they have offended or hurt in the past . This is to achieve closure and reaffirm relationship and maintain unity of community

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING EXTENDED GROUP (Probe, Marathon) are usually composed of 5-12 residents and is being facilitated by 2 highly trained staff members. It may last for 8-72 hours. the participants must have at least 4 months in the program,

PSYCHOLOGICAL AND EMOTIONAL ASPECT GROUP COUNSELING EXTENDED GROUP The participants must have at least 4 months in the program and have shown adequate stability before he can be included in the activity. It is a potentially intimate and intense session which needs a significant amount of preparation. Special subjects may be the focus (sexuality, trauma.)

PSYCHOLOGICAL AND EMOTIONAL ASPECT SPECIALIZED GROUPS LOSS AND BEREAVEMENT Duration/ Frequency: one hour/once a week Participants: 10-15 residents Facilitator discusses the process of grieving and the impact of losses, mad feeling, attitudes and behavior derived from the loss of a loved one. At the last session – each participant are required to write a letter to someone or a buddy to tell about the past and what they will do in future regarding losses.

PSYCHOLOGICAL AND EMOTIONAL ASPECT SPECIALIZED GROUPS WOMENS’ GROUP Duration/ Frequency: one hour once a week/ might last for six sessions Participants: 8-15 residents, Counselor It provides an opportunity for all female residents to share and discuss their feelings on women's issues: family, relationship, self-identity, self-image, societal role and reproductive issues.

PSYCHOLOGICAL AND EMOTIONAL ASPECT SPECIALIZED GROUPS MEN’S GROUP Duration/ frequency: 1 hour once a week Participants: 8-15 residents, counselor Topics include expression of feeling , reveal of true self, dealing with feeling and how to avoid abusive relationship, family conflicts, sexuality and sexual relationships.

PSYCHOLOGICAL AND EMOTIONAL ASPECT SPECIALIZED GROUPS MEDICATION SUPPORT GROUP Duration/ Frequency: as long as the residents are on medication Participants: residents on medications and Jail health personnel Share and discuss how to face their difficulties, coping with the disease and problems encountered while they are on medications.

PSYCHOLOGICAL AND EMOTIONAL ASPECT SPECIALIZED GROUPS ANGER MANAGEMENT Duration/ frequency: 1 ½ hours for 6 weeks/ as needed / curriculum based Participants: 10-15 residents The group is an avenue for the residents to know their anger feelings and acquire new knowledge and information on how to deal with their feelings on different situation and personalities.

PSYCHOLOGICAL AND EMOTIONAL ASPECT PRE-RELEASE INTERVIEW Participants: Resident/s to be released from jail , IWDO, Admin and OD Duration:1 hour Procedure: 1. IWDO should coordinate with the Paralegal Officer to monitor the status of the case of the residents. 2. If possible, immediate member of the family is/are present before the residents will be released from jail. 3. Do a pre-release interview to conduct an assessment of the resident's potentials and map out plans after his release from jail. Inmate Welfare Development Officer (IWDO)

INTELLECTUAL AND SPIRITUAL COMPONENTS SPIRITUALITY is any action or activity that reflects or brings out the goodness in a man. INTELLECTUAL COMPONENT responds to the natural human characteristics of yearning for knowledge in order to attain a higher level of understanding.

THE TC PHILOSPHY (after the flag ceremony) Surrender “I am here because there is no refuge, finally from myself” Self-disclosure “Until I confront myself in the eyes and hearts of others. I am running. Until I suffer them to share my secrets , I have no safety from them. Afraid to be known. I can neither know myself or any other; I will be alone.”

THE TC PHILOSPHY Reflection “Where else but in our common grounds can I find such a mirror?” Self-realization “Here together, I can appear clearly to myself , not as the giant of my dreams not the dwarf of my fears, but as a person, part of the whole with my share in its purpose”.

THE TC PHILOSPHY Growth “In this Ground, I can take root and grow” Self-worth "Not alone anymore as in death, but alive to myself and to others”

THE TC UNWRITTEN PHILOSPHY Honesty Responsible love and concern - learn how to accept and give criticisms. To be aware is to be alive - learn how to conscious of what is going on around our environment Trust in your environment Be careful what you ask, you might just get it - learn to appreciate what we have

THE TC UNWRITTEN PHILOSPHY No free lunch - if we want something 🡺 work for it You can't keep it unless you give it away - learn to share What goes around comes around whatever you do unto others will be done unto you Act as if - learn to go with the flow until we are able to embrace it and behavior will soon become natural. Understand rather than be understood

THE TC UNWRITTEN PHILOSPHY Personal growth before vested status Compensation is valid Forgiveness Humility You alone can do it, but you can't do it alone (learn to seek help from others.) Pride in quality (accomplish your work with your full potential, because the result of this will always be a reflection of yourself) Feelings don't think Guilt kills Hang Tough You are your brother’s keepers’ (one for all, all for one)

THEME/ CONCEPT OF THE DAY It refers to a word or saying that will serve as guide for the community to ponder upon in relation to their day-to-day interactions and behaviors.

MEDITATION: DISCOVERING YOUR INNER SANCTUARY The visualization meditation is used is to help an individual establish a practice of moving his attention within , finding his place of relaxation and peace by contracting his inner wisdom. Duration/ frequency: 1-2 hours/ once a month Participants: Residents, Facilitator

SEMINARS Seminars are activities in TC that provide intellectual stimulation and seek personal involvement among the residents. It is a way of providing information, improving the resident's speaking and writing abilities and enhancing their listening ability so as to understand all the information being presented. Duration/ Frequency: 1-2 hours/ once a week Participants: Residents, facilitator

THE DEBATE The debate is introduced to provide the residents the opportunity to learn how to reasonably and put together arguments in a logical manner. This is also an exercise on how to listen and formulate ideas and demonstrate a broader understanding of certain issues . It gives the participants certain insights on other's opinions which may be opposite to their own. Each group has 5 minutes to gather their thought With 2 minutes per speaker Duration/ frequency: 1-2 hours/ once a month Participants: 20-30 residents, facilitator

Procedure: 1. Divide the group into two, according to gender or depending upon the topic for debate. 2. Assign a group for "pro" and the other as "con" 3. Choose the first speaker for each group. Each group is given 5 minutes to gather their thoughts on the issue. Each speaker is given 2 minutes. 4. The "pro" group is first to give their opinion on the issue for 2 minutes. A rebuttal for 2 minutes is allotted for the "con" group. 5. The exchange of opinions is allowed for a few minutes more. Once the majority has spoken, the facilitator will switch the stand so much so the "pro" will now become the "con" and vice versa. 6. After the activity, the facilitator will process how the group felt when they have to defend an issue which is contrary to their beliefs and if they could see the reasonableness of the other's arguments? What have they learned from the activity?

GAMES: THE “GRAB BAG” The “ Grab Bag ” is a form of seminar which enhances the resident's ability to communicate, analyze ideas and develop insights about themselves with the use of identification with inanimate objects.

SATURDAY NIGHT ACTIVITIES This activity is held every Saturday as a recreational event purposely to instill fun, humor and entertainment after an intense and hectic week. This gives the residents the chance to let loose and socialize. Each static group is assigned a specific task or presentation to develop talents among residents.

VOCATIONAL/ SURVIVAL SKILLS LIVELIHOOD AND SKILL TRAINING Designed tools: Project Proposals, Training Design, Feasibility Studies Participants: Residents/ Staff The IWDO will conduct skill inventory of the residents to determine the appropriate skills training needed. With the help of skilled staff or outsourced trainers, residents are trained on their specific field on interest which could be their source of livelihood once they are released from jail.

ORGANIZATIONAL HIERARCHY OF THERAPEUTIC COMMUNITY Participants: Personnel and residents CLASS- A TC COMMUNITY (JAIL POPULATION- 1,000 UP) 1. BUSINESS OFFICE DEPARTMENT- Admin 2. KITCHEN DEPARTMENT- Food Service Officer 3. HOUSEKEEPING DEPARTMENT- Records 4. GROUNDS/ LANDSCAPING DEPARTMENT- Custodial 5. LAUNDRY DEPARTMENT- Logistics 6. MAINTENANCE DEPARTMENT- Operations 7. SPECIAL SERVICE DEPARTMENT- IWDO 8. EXPEDITING DEPARTMENT- Paralegal/ I&I

ORGANIZATIONAL HIERARCHY OF THERAPEUTIC COMMUNITY CLASS- B TC COMMUNITY (JAIL POP 500-999) 1. BUSINESS OFFICE DEPARTMENT- Admin 2. KITCHEN DEPARTMENT- Food Service Officer 3. HOUSEKEEPING/ LAUNDRY DEPATMENT- Records 4. GROUNDS/ LANSCAPING/ MAINTENANCE DEPARTMENT- Custodial 5. SPECIAL SERVICE DEPARTMENT- IWDO 6. EXPEDITING DEPARTMENT- Paralegal/ I&

JOB FUNCTIONS Participants: Residents Duration/ Frequency: All year round based on jail schedule Procedure: Department meeting is conducted weekly for assignment of tasks which will last for one week in rotation basis within the department. Each team will be assigned one expediter to monitor the job function. Job rotation will be primarily based on the progress, performance and capability of each resident. Promotion or demotion can happen during the process.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY Coordinator 1. A positive role model 2. Deals with the attitudes of the residents and acts as a member of the panel during the haircut and address the resident in general meeting. 3. The leader of a team assigned to oversee a specific department. e.g kitchen department 4. Responsible for reporting of job changes and recommends cutting off of learning experience. 5. Assigned as Coordinator on Duty of the day and delegates tasks to be covered for the day, i.e investigating and booking.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY COORDINATOR Encourages residents to use behavior shaping tools, i.e encounter slips, booking, etc. Responsible for overseeing that each team works efficiently. Supervises the over-all functions of the dependent in the TC facility. Reports to staff any incident that is not in the boundaries of a resident to deal with. Carries out any give task that staff members assigned him/her. In-charge to disseminate instructions given by the Director and staff through coordination with co-coordinators. Serves as the liaison between resident and staff

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY Coordinator on Duty (Not part of the whole hierarchical structure, each coordinator take turns to become Coordinator of the Day) 1. He/ She is designated as Coordinator of the Duty to conduct inspection in cells, kitchen and other areas where residents are allowed together with the staff on duty and the Chief expeditor. 2. Delegates tasks to other coordinators 3. Under direct communication with the Chief Expeditor.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY Coordinator On Duty Must always be aware and records all the events, incidences of the day to the logbook. Must have direct link to Staff on Duty. Responsible to disseminate information coming from the Staff or Director. Evaluates or validate different incidences and seeks staff’s acknowledgement.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY Chief Expediter 1. Responsible for managing the daily function and activities of the community. 2. Delegates other responsibilities to the Asst. Chief Expeditor and monitors every activity. 3. Oversees the schedule of the day. 4. Communicates with department heads in execution of job functions. 5. Communicates with Coordinator of the day on an hourly basis.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY Assistant Chief Expeditor 1. Responsible for execution of directives from the Chief expeditor. 2. Supervises the activity inside the dormitories. 3. Monitors overall function of the different departments and reports to the chief all the incidences. 4. Facilitates department head meetings in the absence of the chief expeditor, job changes and requests. ( e.g request for phone calls)

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY Department Head 1. Conducts departmental meetings before job function. 2. Delegates specific tasks to team members and monitors individual conduct. 3. Monitors participation of members to activities of the program (Morning Meeting, Seminars and Group Sessions) 4. Check attendance and whereabouts of team members.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY Department Head Attends department heads pre-evaluation meeting regarding job change. Recommends,grants or denies team members‟ in-house requests in the department head meeting. Conducts post evaluation to residents regarding the result of their requests. Screen team members‟ request.

FUNCTIONS OF THE DIFFERENT POSITIONS IN THE HIERARCHY Department Crew 1. Responsible for carrying-out tasks, duties and responsibilities of their concerned departments.

TCMP DEPARTMENT AND FUNCTIONS Business Office Department 1. Welcomes new members of the family and makes sure that policies, rules and their limitations are clear. 2. Responsible in facilitating younger members‟ group by sharing experiences. 3. Role model that shows how to overcome trying circumstances (coping, adjustment, etc.) 4. Orients new residents how to drop slips, ventilate feelings in the encounter group, use the behavior shaping tools and internalize the TC Philosophy and Unwritten Philosophies.

TCMP DEPARTMENT AND FUNCTIONS Business Office Department Provides support to residents when needed. Prepares sequence of program for special events and disseminates all written communications. Maintains and updates bulletin board postages and announcements. Updates profile of residents Prepares sound system in every activity.

TCMP DEPARTMENT AND FUNCTIONS Expediting Team 1. Oversees the day-to-day affairs of the different departments, 2. Reports any incident in the TC facility and overall attitude of the community. 3. In-charge of the attendance of the residents in groups, seminars, static, specialized groups. 4. Confronts attitudes around the house and make necessary steps to address them through booking.

TCMP DEPARTMENT AND FUNCTIONS Expediting Team Coordinates with staff regarding announcements, activities, medications and court hearings for proper information dissemination. Coordinates with Coordinator on Duty and Medical Staff in attending to sick residents. Oversees activities of residents in the Learning Experience structure. Prepare designated room assignments upon admission of new residents Oversees activities of residents in the Learning Experience Structure

TCMP DEPARTMENT AND FUNCTIONS Kitchen Department 1. Prepares and cook food for daily consumption 2. Maintains quality of food and dietary requirements of every menu. 3. Preserves sanitary working environment and maintains kitchen equipment properly. 4. Manages quantity of food servings to minimize wastage. 5. Prepares menu for special requirements and occasions.

TCMP DEPARTMENT AND FUNCTIONS Kitchen Department Serves meals on time Ensures proper storage of food items to avoid spoilage and contamination. Conducts regular health screening of kitchen workers. Maintains proper washing of dishes and kitchen utensils and proper disposal of waste materials.

TCMP DEPARTMENT AND FUNCTIONS Maintenance and Landscaping Department 1. Maintains cleanliness of grounds 2. Responsible in planting, watering and trimming of plants, trees and flower beds. 3. Maintains inventory of materials and equipment. 4. Informs staff of any equipment that needs repair or replacement. 5. Responsible in making minor repairs of jail facilities and equipment. 6. Responsible in monitoring proper usage of water and electricity.

TCMP DEPARTMENT AND FUNCTIONS Housekeeping Department 1. Maintains the cleanliness of the cell area, mess hall, visitation area and visitor's comfort room. 2. Maintains inventory of housekeeping materials such as brooms, dustpans, rugs, floor wax, etc. 3. Provides proper storage of housekeeping materials.

TCMP DEPARTMENT AND FUNCTIONS Laundry Department 1. Assigns and schedules laundry time for every dorm. 2. Designates and maintains hanging area for washed clothing. 3. Collects the dried washed clothing and distributes to the respective dorms.

STAFF FUNCTIONS Director The Warden serves as the Director of the facility . He oversees all the activities in the program. He designates staff to serve as Counselors. He makes final decision as to what sanctions or learning experiences will be meted out to erring residents.

STAFF FUNCTIONS Assistant Director This position is usually occupied by the Assistant Warden . He takes over the responsibilities in the absence of the Director. He reports directly to the Director and assists him in the conduct of the latter's responsibilities.

STAFF FUNCTIONS Counselor A staff is assigned as a Counselor for each department. Due to the inadequate number of jail personnel, custodial officers are oftentimes assigned as Counselors. The Counselors are responsible for the conduct of the different activities of TC on a daily basis. Each Counselor will monitor the activities of their respective departments.

JOB CHANGES What: Job Change (Job rotation) Where: All TC implementing jails When: Every six months Participants: TC staff and residents

JOB CHANGES What: Job Change ( With Infractions/ Offense Committed) Where: All TC Implementing Jails When: Upon Violation of Offenses Participants: Disciplinary Board, TC Staff and Residents

JOB CHANGES What: Job Change (Vacated Positions upon release) Where: All TC Implementing Jails When: Upon release of a resident holding a key position Participants: TC Staff and Residents

TERMS TO REMEMBER: ANGER MANAGEMENT – a specialized group activity discussing issues to control anger . ANNOUNCEMENT - Information given to all residents. ATTITUDES – the general condition of the TC family as a whole, including incidences, positive and negative. BANS - a behavior shaping tool to prohibit a resident to a speciﬁc area, activity, verbal, another client.

TERMS TO REMEMBER: BIG BROTHER - an older member of the community tasked to provide guidance to the newly committed residents BOOKED – logged an incident to the Coordinator of the Day. CARDINAL RULES - the principal guiding rule observed by all residents in a TC Community with heavier corresponding consequences. COERCION - the use of internal and external sources to heighten dissonance on the client and magnify his choices and the speciﬁc consequences of his choices.

TERMS TO REMEMBER: COMMUNICATION – a department which oversees the daily census, entry, news and other information to be disseminated. COMMUNITY - the residents of the TC Family. COORDINATOR - the highest position attained by a resident in a TC Hierarchy, who works with the staﬀ in running the house, implementing rules. With corresponding status, a resident has an authority over the other residents. COORDINATOR OF THE DAY – assigned coordinator (resident) to oversee and address the incidents,

TERMS TO REMEMBER: TERMS TO REMEMBER: COUNSELOR - staﬀ member position who assists the residents’ needs DAILY STRUCTURE - list of day to day activities DEPARTMENT HEAD - a ranking resident next to the coordinator in the TC Hierarchy assigned to oversee, monitor tasks to be done in a particular department. DISSONANCE - the time period of admitting, denying before coming up with a decision.

TERMS TO REMEMBER: TERMS TO REMEMBER: DORMITORY – a cell where the residents stays while on conﬁnement. ENCOUNTER - a group process utilized to vent out concerns , anger and hurt feelings ENCOUNTER BOX - box used to receive slips being dropped. ENTERTAINMENT and RECREATIONAL ACTIVITY - an activity in the TC community aimed to aid residents in treatment. EVALUATION an assessment done anytime during the treatment

TERMS TO REMEMBER: EXPULSION - the ejection of one from the community because of his/her serious oﬀense. (incorrigible) FRIEND - a resident who has the closest regard to the other resident. GENERAL MEETING - a behavior shaping tool addressing serious infraction of a resident. GENERAL WORKER – the lowest position in the TC hierarchy

TERMS TO REMEMBER: HAIRCUT - a behavior shaping tool consisting of a ﬁve-man panel that addresses a resident’s infraction. HIERARCHICAL STRUCTURE – the chain of command of residents in TCMP. HOUSE – pertains to the jail facility. HOUSE RULES – are day to day standards that need to be followed inside the jail facility to ensure the smooth and orderly ﬂow of operation.

TERMS TO REMEMBER: INFRACTIONS - a violation to the House Rules of the TC Family. LEARNING EXPERIENCE – a form of sanction that aid residents realize the value of correcting infractions. MORNING MEETING - a daily ritual addressing attitudes of previous days, performed to start the day right . PEERS – friends of the same entry period. PRE-MORNING MEETING - the activity preceding the Morning Meeting that discusses attitudes of the house

TERMS TO REMEMBER: PULL – UP (unknown ) – verbal reprimand done during the Morning Meeting. RESIDENTS – terms used for inmates who are part of the TCMP community. SENIOR RESIDENT – a member of the TC community having the position such as Static Group leader and its Assistant and In Charge of various special services groups. STAFF – refer to jail personnel STATIC GROUP – a group composed of residents known as permanent support group.

TERMS TO REMEMBER: TALK TO – friendly reminder for resident violators. ( unaware of the infractions he/she has made) TC FAMILY – refers to all residents of the TC community. UNWRITTEN PHILOSOPHY – refers to a guiding value which residents reﬂect and hold on. VIOLATOR – a resident who commits an act in violation of the TC/Jail Rules

THE END GOOD LUCK & THANK YOU!!!

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