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1. By: Richard Dominggo

2. NON-INSTITUTIONAL BASED CORRECTION

3. COMPETENCY 1: Definition; > Non-institutional corrections, often referred to as community-based corrections, > focuses on supervising and rehabilitating individuals who have been involved in criminal activities without confining them to correctional institutions or prisons. > encompasses a range of programs and strategies aimed at providing alternatives to incarceration while addressing the needs of offenders and promoting public safety. B. Concept ; > of non-institutional corrections is rooted in the belief that not all offenders need to be incarcerated to achieve the goals of punishment, rehabilitation, and community safety. > it recognizes that many offenders can be effectively managed and rehabilitated within the community through structured interventions, supervision, and support.

4. IMPORTANCE Reduction of Prison Overcrowding: Non-institutional corrections help alleviate the problem of overcrowded prisons and correctional facilities, which is a common issue in many countries. Cost-Effectiveness: Community-based programs are often more cost-effective than maintaining large prison populations, as they require fewer resources. Rehabilitation Focus: Non-institutional corrections prioritize rehabilitation and reintegration into society, aiming to address the root causes of criminal behavior.

5. Objectives; Rehabilitation Community safety Reducing recidivism Restorative justice Individualize approach Rehabilitation: The primary objective is to rehabilitate offenders by addressing underlying issues such as addiction, mental health problems, or social skills deficits.

6. 2. Community Safety: Non-institutional corrections aim to protect the community by supervising and monitoring offenders to ensure they do not pose a threat. 3. Reducing Recidivism: Programs are designed to reduce the likelihood of reoffending by providing offenders with the necessary tools and support to lead law-abiding lives.

7. Role of probation: Rehabilitation and Support Monitoring and Supervision Community Safety Reintegration: Conflict Resolution

8. II. Overview of the Probation System

9. A. Historical Development of Probation Historical Context: The concept of probation has historical roots that can be traced back to ancient civilizations, including Babylon, where individuals could be released under the supervision of community leaders. However, modern probation systems have evolved significantly over time. 19th Century Origins: The development of modern probation is often credited to John Augustus, a Boston cobbler who is considered the "father of probation." In the mid-19th century, Augustus began advocating for the release of offenders into his custody, where he would provide guidance and support.

10. Spread of Probation: Augustus's successful efforts led to the establishment of the first official probation system in Boston in 1878. This innovative approach quickly spread to other parts of the United States and around the world. Philippine Context: In the Philippines, the Probation Law of 1976 (Presidential Decree No. 968) established the legal framework for the probation system. This law provided for the release of certain offenders on probation, allowing them to reintegrate into society under the supervision of probation officers

11. B. Legal Framework and Legislation Probation Law: In the Philippines, the legal framework for probation is primarily governed by Presidential Decree No. 968, also known as the Probation Law of 1976 that outlines the procedures for granting probation, the role of probation officers, and the rights and responsibilities of probationers. Amendments and Updates: Over the years, the Probation Law has undergone amendments and updates to align with changing legal and social contexts. These amendments have further clarified the criteria for probation eligibility and the conditions under which probation may be granted. International Conventions: The Philippines is a signatory to international conventions and agreements that promote the use of non-custodial measures, including probation, for certain categories of offenders. These agreements reflect a global recognition of the importance of alternatives to incarceration.

12. Key Principles of Probation Rehabilitation: Community-Based: Individualized Approach Public Safety Restorative Justice Legal Framework:

13. III. The Probation Process Probation administrator Probationer

14. A. Initiation of the Probation Process Petition for Probation: > The probation process typically begins with the filing of a petition for probation by an offender who has been convicted of a crime. This petition is usually submitted to the court that handed down the conviction. Eligibility Criteria: > Eligibility criteria are the set of conditions or requirements that an offender must meet to be considered for probation. These criteria may vary by jurisdiction and offense type.

15. B. Investigation and Assessment Role of Probation Officers: Probation officers play a pivotal role in the probation process. They are responsible for conducting thorough assessments of offenders and making recommendations to the court regarding the suitability of probation. Gathering Information and Conducting Assessments: Gathering information and conducting assessments involve a comprehensive examination of the offender's circumstances, needs, and risks. This step is essential for tailoring probation plans to address individual factors.

16. C. Supervision and Monitoring Role of Probation Officers in Supervision: Probation officers are responsible for supervising and monitoring probationers throughout their probationary period. Development of Supervision Plans: Supervision plans are individualized roadmaps that outline the specific conditions and requirements that each probationer must follow during their probationary period.

17. D. Conditions of Probation 1. Setting and Monitoring Conditions: Once probation is granted, specific conditions are set by the court to guide the behavior and rehabilitation of the probationer. Probation officers play a crucial role in ensuring compliance with these conditions. 2. Changes in Conditions: Changes in probation conditions may be necessary due to the evolving needs or circumstances of the probationer. These changes can be initiated by either the probationer, the probation officer, or the court.

18. E. Addressing Violations 1. Role of Probation Officers in Responding to Violations: Probation officers are responsible for monitoring probationers' compliance with conditions. When violations occur, probation officers play a critical role in addressing and responding to these violations. 2. Suspension and Revocation of Probation: When probation violations are severe or persistent, the court may choose to suspend or revoke probation, leading to the imposition of the original sentence, such as imprisonment.

19. F. Trial and Legal Procedures 1. Legal Process for Probation Violations: When a probation violation occurs, it initiates a legal process involving hearings and potential court actions to determine the appropriate response. 2. Rights of the Probationer: Probationers, like all individuals involved in the criminal justice system, have specific rights to ensure fair treatment during probation proceedings.

20. F. Early Discharge and Release 1. Criteria for Early Discharge: Early discharge from probation is a possibility for probationers who have demonstrated exceptional progress and compliance with conditions. Certain criteria must be met for early discharge. 2. Preparing for Successful Reintegration: As probationers near the end of their probationary period or consider early discharge, probation officers may provide guidance and support to help them successfully reintegrate into the community.

21. IV. Stakeholder Roles

22. Stakeholder Roles A. Role of Probation Officers: Probation officers are key figures in the probation process, responsible for supervising, guiding, and assisting probationers to ensure they comply with court-ordered conditions and successfully reintegrate into society B. Role of Probation Aids: Probation aids, also known as probation assistants or clerical staff, provide administrative support to probation officers, helping ensure the smooth functioning of probation services.

23. C. Role of the Victim/Complainant in the Probation Process: Victims or complainants can have a voice in the probation process, particularly when their rights are affected by the offender's actions. Their role involves providing input, expressing concerns, and seeking restitution.

24. COMPETENCY 2 PAROLE SYSTEM:

25. Definition and Concept of Parole: Parole is a non-institutional correctional strategy that allows eligible inmates to serve part of their sentence under community supervision rather than in a prison facility. Historical Development of Parole: The concept of parole has evolved over centuries, shaped by changes in penology, societal attitudes, and criminal justice practices. Parole System

26. PAROL SYSTEM Legal Framework and Legislation Governing Parole: The parole system operates within a legal framework defined by statutes, regulations, and policies that outline the processes, eligibility criteria, and parole board responsibilities. Key Principles of the Parole System: The parole system is guided by core principles that underpin its operation and objectives.

27. Petition, Review, and Evaluation

28. Parole Petition Process: The parole petition process involves an inmate formally applying for parole, indicating their readiness for release and compliance with parole conditions. Eligibility Criteria and Assessment: Eligibility criteria for parole in the Philippines are defined by law and assess an inmate's suitability for release into the community.

29. Role of Institutional Agencies (BJMP and BUCOR): Explanation: Institutional agencies, such as the Bureau of Jail Management and Penology (BJMP) and the Bureau of Corrections ( BuCor ), play a crucial role in the parole process. Decision-Making by the Board of Pardons and Parole: Explanation: The Board of Pardons and Parole (BPP) is responsible for making decisions regarding the grant or denial of parole.

30. Supervision and Monitoring Role of Parole Officers: Parole officers play a crucial role in the successful reintegration of parolees into society. Parole officers conduct regular meetings with parolees to assess their progress and ensure compliance with parole conditions. They provide support and guidance to help parolees make a smooth transition from incarceration to community life

31. Supervision and Monitoring Development of Parolee Supervision Plans: Supervision plans are individualized strategies designed to address the specific needs and challenges of each parolee. Supervision plans take into account factors such as the parolee's risk level, criminal history, and rehabilitation progress. They may include referrals to counseling, job placement services, or substance abuse treatment programs based on the parolee's needs.

32. Supervision and Monitoring Monitoring Compliance with Parole Conditions: Monitoring is a critical component of parole supervision to ensure parolees adhere to their conditions. Parole officers conduct regular check-ins and visits to verify parolees' compliance with their conditions. They may also use electronic monitoring, drug testing, and home visits as part of the monitoring process.

33. Supervision and Monitoring Support and Guidance for Reintegration: Parole officers provide support to parolees to facilitate their successful reintegration into society. The support and guidance provided by parole officers aim to reduce recidivism and empower parolees to lead law-abiding lives. Parole officers collaborate with other service providers, such as social workers and counselors, to address the parolee's specific needs.

34. Violations, Changes, and Responses   Addressing Parole Violations: Parole violations occur when a parolee fails to comply with the conditions and requirements of their parole. It is essential to address these violations promptly and effectively to maintain the integrity of the parole system and ensure public safety. Graduated Responses to Violations: Graduated responses are a set of sanctions and interventions that can be applied to parolees based on the severity and frequency of their violations. These responses are designed to balance accountability and rehabilitation.

35. Modification of Parole Conditions: Explanation: Parole conditions may need to be modified during the parole period to better address the changing needs and circumstances of the parolee. Suspension and Revocation of Parole: Explanation: In cases of serious violations or repeated non-compliance, parole may be suspended or revoked, leading to the return of the parolee to incarceration.

36. Module 5: Arrest, Early Discharge, and Release Process of Parolee Arrest: The process of arresting a parolee involves the apprehension of a parolee who has violated the terms of their parole. It is a critical step in ensuring public safety and enforcing parole conditions. Criteria for Early Discharge: Early discharge from parole is a significant milestone for parolees who have successfully met their parole conditions and rehabilitation goals. Specific criteria are established to determine when early discharge is appropriate.

37. Preparing Parolees for Successful Reintegration: Parole officers and programs play a crucial role in preparing parolees for successful reintegration into society. This includes providing support, guidance, and resources to help them transition back into their communi Release Procedures: The release of parolees back into the community involves a series of procedures to ensure a smooth transition. This includes coordinating with various agencies and providing resources to support the parolee's reintegration. ties.

38. Module 6: Role of Victims/Complainants Involvement of Victims/Complainants in the Parole Process: The involvement of victims or complainants in the parole process is crucial to ensuring that their rights and concerns are considered. It is essential to establish mechanisms for their participation. Input and Concerns of Victims/Complainants: Victims and complainants may have specific input and concerns related to the parole of an offender who has harmed them or their interests. Addressing these concerns is essential for a fair and just parole process.

39. Victim Impact Statements: Victim impact statements are a way for victims or complainants to express the emotional, physical, and financial impact of the crime committed against them. These statements can provide valuable information to parole boards. Victim Services and Support: Providing victim services and support is essential to address the needs and well-being of victims or complainants throughout the parole process.

40. COMPETENCY 3 Understanding and Evaluating Forms of Clemency

41. I. Executive Clemency Pardon : A pardon is a form of executive clemency that completely forgives and absolves an individual of their criminal conviction and associated penalties. It is an act of mercy that typically signifies that the individual's guilt is forgiven, and their civil rights are restored. Pardons can be absolute (without conditions) or conditional (with specific requirements).

42. Commutation of Sentence : Commutation involves the reduction of a convicted individual's sentence. It doesn't erase the conviction but shortens the period of incarceration. Commutations can be full (reducing the sentence to time served) or partial (reducing the sentence by a specific number of years or months).

43. Reprieve : Reprieve is a temporary suspension or delay of a sentence, often used in cases of imminent execution or serious health concerns. It provides a brief respite from the punishment, allowing time for further review or consideration.

44. II. Other Relevant Remedies Granted by the Court Probation : Courts can place individuals on probation, allowing them to serve their sentences under supervision in the community instead of in prison. Restitution : Courts may order offenders to pay restitution to their victims as part of their sentence. Diversion Programs : In some cases, courts may divert offenders away from the traditional criminal justice process and into rehabilitation or community service programs .

45. III. Other Forms of Clemency Decriminalization : Decriminalization refers to the process of reducing the legal penalties associated with certain criminal acts. It may involve changing a crime from a felony to a misdemeanor or removing criminal penalties altogether. Repealed Penal/Criminal Laws : Some forms of clemency may be related to the repeal of specific penal or criminal laws. When a law is repealed, it may lead to the review and potential release of individuals convicted under the repealed law. Amnesty : Amnesty is a pardon or forgiveness granted to a group of individuals or a particular category of offenders. It is often used in cases of political offenses or as a means of promoting reconciliation within a society.

46. Processes and Procedures of Clemency Grant Petition/Request for Clemency : Individuals seeking clemency typically submit formal petitions or requests to the relevant executive authority (e.g., the President or a state governor). Review and Evaluation : A thorough review and evaluation process takes place to assess the merit of the clemency request. This may involve examining the individual's criminal history, rehabilitation efforts, and circumstances.

47. Grant, Denial, or Disqualification : After review, the executive authority decides whether to grant, deny, or disqualify the clemency request based on established criteria and legal considerations. Supervision and Monitoring : If clemency is granted, conditions may be imposed, and the individual may be placed under supervision. Parole or probation officers monitor compliance with these conditions.

48. Violation of Conditions : Violating the conditions of clemency can lead to consequences, including revocation of clemency and a return to prison. Changes in Conditions : In some cases, conditions of clemency may be adjusted or modified based on the individual's progress and behavior.

49. Suspension, Revocation, Arrest of the Grantee : Serious violations or failures to meet conditions may result in suspension, revocation of clemency, or the arrest of the grantee. Early Discharge and Release of Grantee : Successful compliance with conditions and rehabilitation efforts may lead to early discharge and release from supervision.

50. COMPETENCY 4 PREVENTIVE IMPRISONMENT GCTA STAL

51. Preventive Imprisonment: Preventive Imprisonment: Preventive imprisonment is the detention of a person accused of a crime while awaiting trial or final judgment. It is not considered a penalty but a precautionary measure to ensure the appearance of the accused at trial and to prevent the accused from committing further crimes. The duration of preventive imprisonment should be reasonable and should not be longer than the penalty prescribed for the offense if convicted.

52. GCTA Allowance for Good Conduct: The Revised Penal Code (RPC) and other relevant laws provide for the allowance for good conduct to reduce the sentences of PDLs who exhibit good behavior while in detention. PDLs can earn good conduct time allowance (GCTA) for following rules, participating in rehabilitative programs, and displaying positive behavior. GCTA can result in a reduction of the PDL's sentence, leading to early release or parole.

53. STAL Special Time Allowance for Loyalty: Special Time Allowance for Loyalty (STAL) is an additional form of reduction in sentence given to PDLs who display exceptional loyalty and assistance to authorities. It is granted to PDLs who provide valuable information or assistance that leads to the resolution of a crime or the apprehension of other criminals. STAL is an incentive for PDLs to cooperate with law enforcement in the interest of justice.

54. Qualification/Disqualification/Cancellation/Revocation of Grants: The grant of GCTA and STAL is subject to qualifications and conditions set by the law and corrections authorities. PDLs who violate prison rules or engage in criminal activities while in detention may be disqualified from earning GCTA or STAL. The cancellation or revocation of GCTA or STAL may result from violations or the discovery of false information provided by the PDL.

55. Extinction of Criminal Liability (Total and Partial): Extinction of criminal liability refers to the legal consequences that absolve an individual from criminal responsibility. Total extinction includes circumstances like death of the offender, service of sentence, or amnesty. Partial extinction includes instances where a penalty is partially served, such as through conditional pardon or commutation of sentence.  

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