Penology

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 12

PANPACIFIC UNIVERSITY

Urdaneta City

Graduate School

___________________________________________________________________________

Student: BESMART S ESLAVA

Facilitator: CRMGST. AUDIE ROJAS

Course: MODERN PENOLOGY

Topic: Comparison of Dagupan City Jail in Modern Penology

Date: May 23, 2019

I. INTRODUCTION

For the past decades, it is often perceived that penal philosophy and practice

became more conservative. From focusing away from traditional concerns of

criminology, present penology focused on the individual and redirects it to actuarial

consideration of aggregates. This shift enables development of a model of a new type

of criminal process that embraces increased reliance on imprisonment and that

merges concerns for surveillance and custody, that shifts away from a concern with

punishing individuals to managing aggregates of dangerous groups. These shifts have

multiple and independent origins and are not reducible to any one reigning idea.

Despite their different origins, the elements of this emerging new conception have
coalesced to form what may be thought of as a new strategic formation in the penal

field, which we call the modern penology.

Less concerned with responsibility, fault, moral sensibility, diagnosis, or

intervention and treatment of the individual offender, present penology concerned

with techniques to identify, classify, and manage groupings sorted by dangerousness.

Therefore, the task is managerial, not transformative.

Globally, the jail or prison management is guided by a law or procedure that

adheres to accepted standard such as UN Standard Minimum Rules for the Treatment

of Prisoners (Nelson Mandela Rules). This international instrument sets minimum

standard ensuring the human right, dignity and other betterment of prisoners. Among

others, the rule provides for the separation of category, accommodation, classification

of individual and more. Having those accepted international standards, every country

today such as the Philippines designed a law or procedure intended to meet the

modern penology management.

The Philippine has fragmented correctional system composed of three

agencies- (Bureau of Correction BuCor) under DOJ, Bureau of Child and Welfare

under DSWD and the Bureau of Jail Management and Penology (BJMP) under DILG.

Envisi ons itself as a dynamic institution highly regarded for its sustained humane

safekeeping and development of inmates, BJMP exercises administrative and

operational jurisdiction over all district, city and municipal jails. The Bureau aims to

enhance public safety by providing humane safekeeping and development of inmates

in all district, city and municipal jails. To effectively and more efficiently manages
inmates, BJMP use or adopt technique such as classification of inmates. Accordingly,

The BJMP operates nationally by establishing district, provincial, and city jail

throughout the country.

One City jail in the Province of Pangsinan is Dagupan City Jail located at Bonuan

Gueset Dagupan City. BJMP-Dagupan has 1,067 inmates according to BJMP city jail

warden, Superintendent Kenneth Bid-ing in his 2018 Philippine News Agency

interview.

Having common procedure and problem such as overcrowding, the city jail has

a management set up to for better safekeeping and development of inmates. this

research paper more focused on classification of inmates.

BODY

The Bureau of Jail Management and Penology (BJMP) has Comprehensive

Operational Manual (2015 edition). On rule II and III on the BJMP manual provides for

commitment and classification of detainees and reception and releasing procedures

and classification board.

Sec 15 of rule two defines classification as that refers to assigning or to grouping

of inmates according to their respective penalty, gender, age, nationality, health,

criminal records, etc.

Classification is a method of handling prisoners on the basis of the physical,

intellectual, vocational, attitudinal and other characteristics embodied in each


individual. It recognizes that the important element in prison management is the

individual prisoner. If his incarceration is to benefit him and society as well, he must

be handled in such a way that when he serves his term, he will come out as a better

man physically, mentally and morally than when he entered. Classification implies,

first, an intensive analysis of the offender and second, his placement in a work or

school program suitable for the exercise of his talents to the end that himself and

others concerned will profit from the program^. One of the greatest advantages of

classification is that it prevents the evil effects of contamination of prisoners having

varying degrees of criminality. Classification would also enable the prison

administration to provide different types of treatment to different categories of

prisoners according to their individual capacities and needs for reform and

rehabilitation (Rahataker 2015).

COMMITMENT AND CLASSIFICATION OF PRISONERS AND DETAINEES

A person can be committed to jail only upon the issuance of an appropriate

order by a competent court or authority so mandated under Philippine laws. This Rule

enumerates courts and authorities, and classifies inmates according to the conditions

for their commitment. COMMITMENT means entrusting for the confinement of an

inmate to a jail by a competent court or authority, for the purposes of safekeeping

during the pendency of his/her case.


Section 17 Classifies PRISONERS as

a. Insular Prisoner

b. Provincial Prisoner

c. City Prisoner

d. Municipal Prisoner –

Section 18 clasifies DETAINEES as

a. Undergoing investigation;

b. Awaiting or undergoing trial; and

c. Awaiting final judgment.

According to security risk each may pose, Section 19 classifies INMATES as:

a. High Profile Inmate - those who require increased security based on intense media

coverage or public concern as a result of their offense such as but not limited to those

who have been involved in a highly controversial or sensationalized crime or those

who became prominent for being a politician, government official, multi-million

entrepreneur, religious or cause-oriented group leader and movie or television

personality.

b. High Risk Inmate - those who are considered highly dangerous and who require a

greater degree of security, control and supervision because of their deemed

capability of escape, of being rescued, and their ability to launch or spearhead acts

of violence inside the jail. This includes those charged with heinous crimes such as
murder, kidnapping for ransom, economic sabotage, syndicated or organized crimes,

etc. Also included are inmates with military or police trainings or those whose life is

in danger or under imminent threat.

c. High Value Target (HVT) - a target, either a resource or a person, who may either

be an enemy combatant, high ranking official or a civilian in danger of capture or

death, typically in possession of critical intelligence, data, or authority marked as an

objective for a mission and which a commander requires for the successful completion

of the same.

d. Security Threat Group - any formal or informal ongoing inmates’ group, gang,

organization or association consisting of three or more members falling into one of the

following basic categories: street gangs, prison gangs, outlaw gangs, traditional

organized crime, aboriginal gangs, subversive groups and terrorist organizations.

e. Subversive Group - a group of persons that adopts or advocates subversive

principles or policies tending to overthrow or undermine an established government.

f. Terrorist Group - a group of persons that commits any of the following: piracy and

mutiny in the high seas or in the Philippine waters, rebellion or insurrection, coup

d’état, murder, kidnapping and illegal detention, crimes involving destruction, arson,

hijacking, violation of laws on toxic substances and hazardous and nuclear waste

control, violations of atomic energy regulations, anti-piracy and antihighway robbery,

illegal and unlawful possession, manufacture, dealing in, acquisition or disposition of

firearms, ammunitions or explosives.


g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies

are considered far outside the mainstream attitudes of the society or who violates

common moral standards and who has adopted an increasingly extreme ideals and

aspirations resorting to the employment of violence in the furtherance of his/her

beliefs.

h. Medium Risk Inmates -those who represent a moderate risk to the public and staff.

These inmates still require greater security, control and supervision as they might

escape from and might commit violence inside the jail.

i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who have lesser

tendencies to commit offenses and generally pose the least risk to public safety. In

most cases, they may be first time offenders and are charged with light offenses

under section 23 of the manual provides for the creation of The Classification Board

which is tasked to conduct background investigation of inmates to determine the cell

assignment, the appropriate rehabilitative program, the type of supervision and

degree of custody and restrictions applicable to the inmate/s. The investigation

focuses on the following:

a. Facts and data of the present case;

b. Inmate's recent criminal history and the facts about the inmate's attitudes and

behavior while confined in other institutions, if the inmate is a recidivist or a habitual

delinquent;

c. Biography or life history;


d. Medical History;

e. Vocational, recreational, educational and religious background/interests; and

f. Psychological characteristics as evaluated by the psychiatrist and psychologist.

The inmate is required to appear before the Classification Board for

validation of his/her profile. Upon completion of the classification assessment, the

inmate is then apprised of his/her cell assignment and welfare programs

appropriate for him/her. He/she is asked if he/she is willing to undergo this

program for his/her own good. If he/she is willing, the Board will see to it that the

program planned for the inmate is followed. Then the inmate is assigned to his/her

cell according to the approved classification.

CLASSIFICATION PROCESS

a. Admission of Inmate - Once the inmate has undergone the registration process;

he/she will be temporarily housed at the Inmate Classification and Counseling Unit

(ICCU) in jails where it is available. The inmate shall stay at the ICCU for a minimum

period of thirty (30) days but not exceeding sixty (60) days or until the completion of

the classification process. At the ICCU, the newly committed inmate will undergo

assessment by the different health professionals.

b. Medical Examination - The jail medical Officer or the jail officer designated nurse

of the Health Unit will conduct a thorough physical examination on the newly

committed inmate and will note down significant bodily marks, scars, tattoos and
lesions based on the medical certificate presented by the committing officer. He or

she must ensure that his/her findings are congruent to the medical certificate

presented. Any discrepancy shall warrant further investigation by and reporting of

the same to the CHR.

c. Results of the medical examination shall be recorded and shall bear the signature

of the physician or nurse who conducted the examination. Medical issues will be

attended to accordingly.

d. Dental Examination - The jail dentist shall perform a thorough dental examination

and recording of his or her findings. The record shall bear the signature of the dentist

who conducted the examination. Dental issues that need immediate attention shall be

so attended to accordingly.

e. Psychological Examination - The jail psychologist-in-charge shall conduct

psychological examination to determine the inmate’s psychological state at the time

of examination. Results will be recorded in the psychologist’s logbook or in the health

assessment card/HAS and shall bear the signature of the psychologist who conducted

the examination.

f. Social Case Study - The jail social worker at the ICCU shall conduct in-depth

interview with the newly admitted inmate, an interview that considers the "who the

inmate is" from birth up to the present including his/her familial, educational, social,

vocational and other issues that has an impact on his/her personality. The findings will

be recorded and shall bear the signature of the social worker who conducted the

assessment. In jails without ICCU, the interview will be done by the social worker-in-
charge upon the order of the court or as requested by the medical officer, the

psychiatrist or the duly designated jail warden for specific purposes.

g. Risk Assessment - A risk assessment tool shall be utilized to determine the level of

violence/risk the inmate poses, either external or internal. This will help in the proper

classification and segregation of inmates and in the design of specific development

plans.

h. Psychiatric Evaluation - Using the results of the psychological examination, social

case study, and risk assessment, the psychiatrist conducts a psychiatric evaluation to

determine the present mental state of the inmate and to diagnose any existing

psychiatric illness for further treatment. The result will be recorded and shall bear the

signature of the psychiatrist who conducted the examination. The inmate shall

undergo psychiatric evaluation under the following conditions:

i. Case Management - Each inmate will be assigned to a specific case manager who

may either be a psychologist, a social worker or a nurse. The case manager shall be

responsible for the consolidation of all the results and shall make the proper decision

as to the classification of the inmates and the identification development programs for

each inmate.

j. Inmate Orientation and Counseling - While undergoing assessment, the inmate shall

be oriented on the basic jail rules and regulations. He/she shall be introduced to the

different development programs that would best promote his/her personal growth. In

this phase, the newly committed inmate shall likewise undergo counseling for him/her
to develop better coping skills thereby preventing psychological imbalance in the

early phase of incarceration.

k. Inmate Evaluation and Classification - Using the different tools of assessment, the

newly committed inmate will now be classified based on the level of risk and present

physical, mental and emotional state.

l. Proper Cell Assignment and Development Plans - After the inmate has undergone

all the assessments, his/her case manager shall consolidate all the results. Based on

the results of the final evaluation, the inmate may then be assigned to the cell that is

deemed best for his/her growth and well-being.

m. The newly committed inmate is encouraged to participate in the recommended

development programs.

n. Monitoring - After the inmate has been transferred to his/her assigned cell and has

been attending the prescribed development programs, the case manager shall

periodically monitor, and change and enhance inmate's development program/s

depending on his or her behavioral progress.

CONCLUSSION

The management set up or procedure of jail in Dagupan city jail is, accordingly, the

same to the jail management all over the Philippines and that such managerial set up

(specifically commitment, classification, and segregation) adheres to the UN statndart

minimum rule for the treatment of prisoner or Nelson Mandele Rule which observed

the rights and betterment of pressoners.


Referrences:

BJMP Comprehensive Operations Manual 2015 Edition

Nelson Mandela International Day, July 18, For Freedom, Justice and

Democracy. (n.d.). Retrieved from

https://www.un.org/en/events/mandeladay/mandela_rules.shtml

Rahatekar, A., & Rahatekar, A. (n.d.). Classification of Prisoners. Retrieved

from https://www.academia.edu/36350150/Classification_of_Prisoners

You might also like