Recidivisim Newly Revised

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AGONCILLO COLLEGE INC.

Poblacion, Agoncillo, Batangas

COLLEGE OF CRIMINOLOGY

Recidivism Rehabilitation Programs Implementation

A Thesis

Presented to

The Faculty of College of Criminology

Agoncillo College Inc.

Poblacion, Agoncillo, Batangas

In Partial Fulfillment

Of the requirements for the Degree of

Bachelor of Science in Criminology

By:

Jeffrey L. Averion

R-vhen Jay De Leus

2023
AGONCILLO COLLEGE INC.
Poblacion, Agoncillo, Batangas

COLLEGE OF CRIMINOLOGY

Chapter 1

THE PROBLEM AND ITS BACKGROUND

Introduction

Rehabilitation programs is a set of measures that assist individuals

who experience, or are likely to experience, disability to achieve and

maintain optimal functioning in interaction with their environments.

Criminal rehabilitation is essentially the process of helping inmates

grow and change, allowing them to separate themselves from the

environmental factors that made them commit a crime in the first place. So if

inmates learn a different way of living their lives, they'll be less inclined to

commit crimes in the future.

The reintegration of offenders into their own community and society is

one of the universally accepted goals of corrections, whether the latter is

carried out in institutions or through non-custodial measures. To ensure that

offenders discharged from detention centers, jails, penal institutions or

rehabilitation centers re-claim their part and role in society, there is a need to

assist them in their reunification with their families and reentry into the

community.

Thus, it is imperative to sustain rehabilitation and achieve reintegration

through the community-based treatment of ex -offenders. Moreover, the

commission of crime is a result or consequence of the inter-play of factors and

conditions in one’s self, the immediate and bigger environment, and one’s

choices and decision-making processes. Hence, it is necessary that these

human and environmental factors are examined closely and appropriate


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measures adopted to assist ex-offenders in their reintegration efforts. (Omer,

S.2 009)

Recognizing that the community is usually also the locus of the offense

or crime, the community must be harnessed to assume greater responsibility

in reforming offenders and preventing recidivism. The community and society

must also play vital roles in the elimination of the psycho-social, economic,

and cultural barriers and other causes of crime in its environment, in order to

prevent crime, ensure peace, and promote development in the locality. To

maximize the role of the community in an offender’s reintegration process,

there is a need to continuously re-examine the concepts related to

community-based corrections. At the same time, new approaches that have

evolved locally and globally, related to this concept should be appreciated.

In this process, best practices in community based corrections must

be documented and replicated, so that they continue to be viable alternatives

to custodial care of offenders.

On July 24, 1976, Presidential Decree No. 968, also known as Adult

Probation Law of 1976, was signed into law by the President of the

Philippines, His Excellency Ferdinand E. Marcos. The law gave birth to the

Probation Administration, a line agency under the Department of Justice.

In fact, it has been widely accepted that incarceration or imprisonment

should be a last resort and utilized for those who have committed serious and

heinous crimes, and that community-based treatment should instead be

promoted whenever possible and feasible to hasten an offenders’


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reintegration into society. Imprisonment leads to other problems related to an

offender’s stigmatization and de socialization. (Omer, S. 2009)

Often, prisons thwart the offenders’ potential for growth and excellence,

and spawn dependence and mistrust on their part instead. Prisons usually

alienate offenders from their family, friends and acquaintances. Due to

overcrowding, prisons lead to dehumanizing conditions, which make

reintegration and re socialization even more difficult. Prisons spawn the

formation of “subcultures” among prisoners that tend to harden them. This is

so because prisoners have to counteract the effects of deprivations of

imprisonment and the conditions prevailing in jails which are often rigid and

arbitrary.

Corrective actions and treatment measures are better achieved in a

natural environment such as the community where offenders can highlight

and re-live the areas of their life they want to change. Since the community is

the natural locus for legal, socioeconomic and cultural changes and

development, community based corrections enable offenders to adapt more

effectively to such changes in a more realistic and flexible manner. The

community also provides a network of relationships and a range of activities

that enable offenders to know themselves better in a variety of real life

situations, thus improving their social skills and enhancing their social

functioning.

Moreover, offenders are able to continue dispensing responsibilities

for many day to-day basic socioeconomic commitments such as managing a

home, budgeting resources, deciding on family matters, etc. when s/he is with
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their family. This enables them to maintain self-esteem. Due to their exposure

to the day-to-day realities of life in society, they are afforded more

participation in planning, implementing and evaluating their reintegration plans

in natural settings. The planning process is also more responsive and relevant

because both constraints and resources in the community are taken into

consideration by the offender in a “here-and-now” situation which calls for

dynamic responses from them.

This contrasts with imprisonment, where rehabilitation work is based

more on a reflection of past failures and planning for the future. The

implementation and evaluation of rehabilitation and reintegration plans, on the

other hand, can be monitored more closely as these are related to the

offenders’ daily living in the community. Due to this, re-planning can be easily

resorted to, based on immediate feedback.

From an economic point of view, the burden of maintaining an entire

prison bureaucracy is eliminated in community based treatment. It is a fact

that the cost of rehabilitation is relatively cheaper outside of prison, where

huge personnel complements, operating costs, capital outlays and other costs

have to be maintained. The cost of assisting and supervising offenders is

supplemented and complemented by existing community resources and

infrastructures, which are otherwise not present in institutional arrangements.

Moreover, community-based corrections offer opportunity costs that

are not present in most custodial-care arrangements. Examples of these

opportunity costs are the costs of income and productive efforts as head or a
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member of the family and the community. (Stockholm:UN. Elliot, Doreen ,

2003)

Municipality of Laurel was one of the municipalities in the province of

Batangas with a high rate of recidivism cases that led the researchers to

pursue this study. Their curiosity on how it possibly happened in the said

municipality guided them to come up with a decision of studying it with an

anticipation of determining if there were already rehabilitation programs

implemented by the authority to reduce recidivism in the municipality of

Laurel.

Thus, the researchers came up with a decision of pursuing this study

that aimed to assess the extent of implementation of the current rehabilitation

programs in reducing recidivism in one of the municipalities in the province of

Batangas, the municipality of Laurel with the end view of proposing an action

plan that may help the government authority enhance its extent of

implementation for the benefits of all the residents of Laurel.

Statement of the Problem

This study entitled” Implementation of Rehabilitation Programs in

Reducing Recidivism” aimed to assess the extent of implementation of

rehabilitation programs in reducing recidivism in Laurel, Batangas.

More specifically, it sought to answer to the following questions.

1. What is the demographic profile of the participant according to

1.1 Age;

1.2 Sex;
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1.3 Civil Status; and

1.4 Economic status?

2. What is the extent of implementation of rehabilitation programs in

reducing recidivism in Laurel, Batangas?

3. Is there any significant relationship in the extent of implementation

of rehabilitation program in reducing recidivism when grouped

according to profile of the participants?

4. What comprehensive plan of action may be proposed to address

the complex needs of individuals involved in the criminal justice

system?

Significance of the Study

The anticipated benefits of this study were given to the following

individuals:

Government authorities, with result of this study, they identified in

which particular area or components of implementation of the rehabilitation

programs needs to be enhance since a proposed plan of actions was

intended to be presented to them.

Offenders or also known as the prisoners were benefited in this study

by means of providing the community an overview about the relevance of

social acceptance to their lives that led them to be socially accepted despite

of the crime they have committed and served at the same time through

imprisonment.
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Community residents who were targeted respondents were also gained

benefits from this study for they increased their awareness on the needs of

the offenders to be accepted socially as prisoners. This helped them realized

that people in the community were significant factors in eliminating problem

on recidivism.

Researchers, knowing that there were criminology students, this led

them to be responsible enough in treating the offenders or prisoners fairly as

members of the society where they belonged.

Future Researchers, the results of this study would serve as their

available reference or source of information in relation to this topic.

Assumptions of the Study

The researchers formulated the following assumptions as they started

in conducting this study.

• This study had a great significance to many individuals namely, the

researchers themselves, the respondents as well as the

government authorities.

• The researchers of this study are efficient and effective in

accomplishing this very intimidating but meaningful task.

• The respondents of the study are responsible enough in providing

the necessary information for its completion and success.

• The respondents are honest and willing to provide accurate and

reliable information that are to be used in establishing an action

plan to address the problem found in the study.


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Hypothesis

There is no significant relationship between the extent of

implementation of the rehabilitation programs in reducing recidivism in the

municipality of Laurel when assessed according to the demographic profile of

the respondents.

Theoretical Framework of the Study

This study was anchored from the theory of rehabilitation on criminals

which stated that rehabilitation has long been a contentious topic in the fields

of both criminology and penology. The term “rehabilitation” itself simply means

the process of helping a person to re adapt to society or to restore someone

to a former position or rank. However, this concept has taken on many

different meanings over the years and waxed and waned in popularity as a

principle of sentencing or justification for punishment. The means used to

achieve reform in prisons have also varied over time, beginning with silence,

isolation, labor, and punishment, then moving onto medically based

interventions including drugs and psycho surgery. More recently, educational,

vocational, and psychologically based programs, as well as specialized

services for specific problems, have typically been put forward as means to

reform prisoners during their sentence.

Effective rehabilitation programs typically use treatment methods that

are based on behavioral and social learning theories of change. Behavioral

theory suggests that individuals are conditioned to behave in a certain way

based on experiences with reinforcement and punishment (Skinner 1965). In


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contrast, social learning theory posits that people learn behaviors from one

another, through observation, imitation, and modeling (Bandura 1997).

Therefore, rehabilitation programs are designed to reduce criminal behaviors

through the positive reinforcement of conventional behaviors learned through

observation or modeling (Lipsey and Cullen 2007). For example, a program

may help a participant learn how to manage his or her anger by modeling

appropriate responses instead.

The most recently formulated theory of punishment is that of

rehabilitation—the idea that the purpose of punishment is to apply treatment

and training to the offender so that he is made capable of returning to society

and functioning as a law-abiding member of the community. Established in

legal practice in the 19th century, rehabilitation was viewed as a

humane alternative to retribution and deterrence, though it did not necessarily

result in an offender receiving a more lenient penalty than he would have

received under a retributive or deterrent philosophy. In many cases

rehabilitation meant that an offender would be released on probation under

some condition; in other cases it meant that he would serve a relatively longer

period in custody to undergo treatment or training. One widely used

instrument of rehabilitation in the United States was the indeterminate

sentence, under which the length of detention was governed by the degree of

reform the offender exhibited while incarcerated.

Although rehabilitation was widely criticized in the United States in the

1970s, it gained greater acceptance once research in the 1980s and ’90s
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demonstrated that a carefully implemented rehabilitation program could

reduce recidivism. Critics nonetheless objected to rehabilitation and

sentencing programs that gave significant discretion to

the prison administrator, who could decide to release or further detain an

offender depending on his assessment of the offender’s progress (which

could itself be vaguely defined). At issue were cases in which

this authority led to gross abuses, such as the lengthy detention of an

offender guilty of only a minor crime, simply because of his inability or refusal

to adopt a subservient attitude toward prison officials or other persons in

positions of authority.

Recidivism is measured by criminal acts that resulted in re arrest, re

conviction or return to prison with or without a new sentence during a three-

year period following the person's release.

Recidivism research is embedded throughout NIT-sponsored research

in sentencing, corrections and policy intervention evaluations. Many NIT-

funded studies of community supervision depend on recidivism measurement

to inform probation and parole policy.

Recidivism is an important feature when considering the core criminal

justice topics of incapacitation, specific deterrence and rehabilitation.

An important connection exists between the concept of recidivism and the

growing body of research on criminal desistance. Desistance refers to the

process by which a person arrives at a permanent state of non-offending. In


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effect, an individual released from prison will either recidivate or desist. To the

extent that interventions and sanctions affect the process of desistance, the

research overlaps.

Recidivism has also been implicated in the performance of prisons and

has been used to study the difference between the effectiveness of privately

and publicly managed prisons.


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Conceptual Framework of the Study

This research study utilized the IPO Model also known as Input-

process-output model. This was chosen by the researchers in order to easily

illustrate the flow of the study.

INPUT PROCESS OUTPUT

• Demographic
profile of the
participants Assessed Extent of
according to Assessment on Implementation of
the extent of Recidivism
1.1 Age Rehabilitation
implementation of
1.2 Sex Programs
Rehabilitation
1.3 Civil Status
1.4 Economic Programs on
Status Recidivism
through survey Proposed Action
interview with the Plan to enhance its
• Extent of use of survey form Extent of
implementation of implementation
questionnaire
Recidivism
Rehabilitation
Programs
ASSESSMENT

Feedback

Figure 1

Conceptual Paradigm of the Study


AGONCILLO COLLEGE INC.
Poblacion, Agoncillo, Batangas

COLLEGE OF CRIMINOLOGY

The first box in the above illustration represented the input data

wherein the demographic profile of the participants according to age, sex, civil

status and economic status were included as well as the extent of

implementation of the rehabilitation programs in reducing recidivism.

However, the second box represented the process used by the

researchers in conducting the study. They applied the survey interview with

the use of self-constructed questionnaire in gathering necessary data or

information for the completion and success of the study.

Lastly, the third box represented the output of the study wherein the

assessed extent of implementation of rehabilitation programs in reducing

recidivism was shown.

Feedback from the result of the study were gathered and intended to

be used as input for further study of the said topic.

Scope and Limitation of the Study

This study focuses on the extent of implementation of the rehabilitation

programs involving recidivism in the municipality of Laurel.

The study utilized thirty (30) respondents who are residents of the

municipality of Laurel from different barangays. Their demographic profile

according to age, sex, civil status and economic status will be collected.

Moreover, the descriptive method of research will be applied to

accomplish the said study where the use of self-constructed questionnaire


AGONCILLO COLLEGE INC.
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COLLEGE OF CRIMINOLOGY

was given importance as to data gathering procedures as to the extent of

implementation of the rehabilitation programs involving recidivism.

Furthermore, this study had an end view of proposing an action plan to

address the issues on recidivism.

Definition of Terms

For better understanding of the content of the study, the researchers

decided to provide the conceptual definition of the following terms relevant to

their chosen topic.

Incapacitation. It refers to the effect of a sanction to stop people from

committing crime by removing them from the community.

Probation officers. It pertains to a full-time government officials of the

Ministry of Justice who are assigned to either the Secretariat of the Regional

Parole Board or to the Probation Office. Having professional knowledge of

psychology, pedagogy or sociology, they engage in the work of rehabilitating

those who have committed crimes or have turned to juvenile delinquency,

giving them guidance and assistance in everyday life, in collaboration with

volunteer probation officers. They also take charge of the work relating to the

prevention of crime and delinquency.

Recidivism. It refers to one of the most fundamental concepts in

criminal justice. It refers to a person's relapse into criminal behavior, often


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after the person receives sanctions or undergoes intervention for a previous

crime.

Reduction of crime. It refers to "repairing" the individual in some way

by addressing his or her needs or deficits.

Rehabilitation. It pertains to the process of helping an individual

achieves the highest level of function, independence, and quality.

Rehabilitation does not reverse or undo the damage caused by disease or

trauma, but rather helps restore the individual to optimal health, functioning,

and well-being.

Rehabilitation programs. These refer to the designed to reduce

recidivism among adults who have been convicted of an offense by improving

their behaviors, skills, mental health, social functioning, and access to

education and employment.

Rehabilitation of offenders. It is a system designed to give guidance

and assistance to those who have committed crimes or those who have

turned to juvenile delinquency so that they can become sound members of

the society while spending normal social lives; the system is carried out in

cooperation with the nation and the volunteers.

Specific deterrence. It pertains to the terminology used to denote

whether a sanction stops people from committing further crime, once the

sanction has been imposed or completed.


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Volunteer probation officers are citizens commissioned by the

Minister of Justice who cooperate with probation officers in providing various

rehabilitation services to offenders and delinquent juveniles


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COLLEGE OF CRIMINOLOGY

Chapter 2

REVIEW OF RELATED LITERATURE AND STUDIES

This chapter presented the review of literature and studies relevant to

rehabilitation programs in reducing recidivism.

Related Literature

Foreign Literature

Bersamina, Dolores, Loida Rilvera, and Wilson Tolio (2021) explained

that rehabilitation includes programs that are designed to reduce recidivism

among adults by improving their behaviors, skills, mental health, social

functioning, and access to education and employment. They may become

participants in rehabilitation programs during multiple points in their

involvement with the criminal justice system. This practice is rated Promising

for reducing recidivism among adults who have been convicted of an offense.

Auty, Katherine M., and Alison Liebling (2019) expounded that

rehabilitation programs are designed to reduce recidivism among adults who

have been convicted of an offense by improving their behaviors, skills, mental

health, social functioning, and access to education and employment. They

may become participants in rehabilitation programs during multiple points in

their involvement with the criminal justice system, and programs are typically

provided in conjunction with some form of sanction (e.g., incarceration or

probation). Therefore, most programs are delivered within correctional

settings while the person completes his or her sentence, or in community

settings following their release (i.e., probation or parole-based programs).


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Community-based settings may be delivered in inpatient facilities such as

psychiatric hospitals and outpatient treatment centers, or in supportive

residential housing such as halfway houses. In addition, some rehabilitation

programs (such as drug courts) serve as alternatives to incarceration,

diverting them into services in the community rather than into correctional

facilities.

Lipsey and Cullen (2007) explained that rehabilitation programs do not

generally follow a common, well-defined treatment protocol. Instead,

interventions and services may vary significantly by program. All programs

address at least one of the risk factors commonly associated with offending

(such as mental health status, substance use, education level, or employment

status). For example, a drug court program may provide a person who has

been convicted of an offense with treatment only to address substance abuse

issues related to his or her offending. More commonly, however, rehabilitation

programs combine multiple services: for example, a drug court program that

provides an individual not only with substance abuse treatment, but also with

individual counseling and vocational training.

Bersamina, Dolores, Loida Rilvera, and Wilson Tolio. (2021) stated

that the general types of treatment services provided by rehabilitation

programs include group work (structured via protocol or psycho educational

content); cognitive behavioral therapy (CBT) or CBT-like components

(thinking skills, relapse prevention, or anger management); counseling (group,

individual, mentoring); academic work (GED or college classes); employment-


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related (work-release, job placement, vocational training); supportive

residential (therapeutic community, halfway house); drug court or other

specialized court; multi-modal, mixed treatments (individual case

management); intensive supervision (reduced probation or parole); or

restorative interventions (mediation, reparations, community service, victim-

offender conferencing).

Flores-Barolo, Mary Grace, and Jezreel Binwag Vicente, (2019)

emphasized that rehabilitation programs are designed to reduce recidivism

among adults who have been convicted of an offense by improving their

behaviors, skills, mental health, social functioning, and access to education

and employment. They may become participants in rehabilitation programs

during multiple points in their involvement with the criminal justice system, and

programs are typically provided in conjunction with some form of sanction

(e.g., incarceration or probation). Therefore, most programs are delivered

within correctional settings while the person completes his or her sentence, or

in community settings following their release (i.e., probation or parole-based

programs). Community-based settings may be delivered in inpatient facilities

such as psychiatric hospitals and outpatient treatment centers, or in

supportive residential housing such as halfway houses. In addition, some

rehabilitation programs (such as drug courts) serve as alternatives to

incarceration, diverting them into services in the community rather than into

correctional facilities.
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Lipsey and Cullen (2007) emphasized rehabilitation programs do not

generally follow a common, well-defined treatment protocol. Instead,

interventions and services may vary significantly by program. All programs

address at least one of the risk factors commonly associated with offending

(such as mental health status, substance use, education level, or employment

status). For example, a drug court program may provide a person who has

been convicted of an offense with treatment only to address substance abuse

issues related to his or her offending. More commonly, however, rehabilitation

programs combine multiple services: for example, a drug court program that

provides an individual not only with substance abuse treatment, but also with

individual counseling and vocational training.

The general types of treatment services provided by rehabilitation

programs include group work (structured via protocol or psycho educational

content); cognitive behavioral therapy (CBT) or CBT-like components

(thinking skills, relapse prevention, or anger management); counseling (group,

individual, mentoring); academic work (GED or college classes); employment-

related (work-release, job placement, vocational training); supportive

residential (therapeutic community, halfway house); drug court or other

specialized court; multi modal, mixed treatments (individual case

management); intensive supervision (reduced probation or parole); or

restorative interventions (mediation, reparations, community service, victim-

offender conferencing).
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Sean Jackson (April 2020) stated that It is no secret that recidivism is a

major problem in the United States.

A longitudinal study by the U.S. Department of Justice that followed

released inmates from 30 different states found that within three years of

release, 68 percent were arrested for a new crime. That number jumped to 79

percent after six years and to 83 percent after nine years.

This begs the question, what works to reduce recidivism?

The answer to that question is highly complex. However, there are

proven strategies for reducing recidivism in juveniles and adults. Many of the

most effective approaches involve reducing recidivism through education.

Let’s take a closer look at four proven ways to reduce recidivism.

Improving the Defendant’s Motivational Factors

One of the first points at which recidivism can be reduced is during the

sentencing phase of a defendant’s case.

In other words, relationship-building and demonstrating an interest in

the defendant’s ability to be successful helps reduce the defendant’s feelings

of hopelessness and ambivalence to the process. Likewise According to

a National Institutes of Corrections study on evidence-based practices,

building trust between the defendant and the judge, their attorney, probation

agent, therapist, and other stakeholders can be a crucial component of

changing the defendant’s behavior.

Early Assessment of Risks and Needs

When considering what works to reduce recidivism, one must begin by

assessing the risks and needs of the inmate.


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First, it must be determined which inmates are at the highest risk of re-

offending. This can be done via an objective risk assessment. Furthermore,

inmates that are identified as being at risk of re-offending should undergo a

criminogenic needs assessment, in which factors are identified that could

have contributed to their criminal behavior. These might include:

Prior criminal activity

Alcohol or drug dependency

Mental health issues

Belonging to an anti-social peer group

By determining who is at risk and developing a unique needs

assessment profile, staff members at jails and prisons can more effectively

develop a rehabilitation program that helps prepare each inmate for release.

This type of early assessment has been suggested at the federal and

state level. For example, the Illinois Community Safety and Reentry

Commission recommended that each inmate goes through a “Reception,

Assessment, and Classification” period during which their risks and needs

would be evaluated and a personalized reentry program would be developed.

Incorporating Education Into Incarceration

Having educational opportunities in jails and prisons is paramount for

reducing recidivism in juveniles and adults alike.

A 2013 meta-analysis of educational programs for adult inmates found

that reducing recidivism through education works very well – inmates who

took part in educational programs while incarcerated had a 43 percent lower


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chance of recidivism than inmates that did not participate in educational

programs.

Furthermore, the meta-analysis, which was sponsored by the Bureau

of Justice Assistance, revealed that each dollar spent on education for

inmates saved four to five dollars on the costs of incarcerating an inmate

again later on.

Even very basic education, like adult literacy and basic skills, can

significantly reduce the rate of recidivism. Allowing inmates to finish their high

school diplomas, learn a trade and technical skills, and pursue post-

secondary educational opportunities while incarcerated can greatly reduce

recidivism as well.

The Federal Bureau of Prisons has implemented this reform into its

system, complete with individual education assessments for incoming inmates

to determine the type and level of instruction they need to be successful.

Improving Substance Abuse Treatment

Drug offenses account for one of the most common reasons for

incarceration across the United States. In Wyoming, for example, 17 percent

of arrests in 2017 were for drug-related offenses. And while each of those

arrests didn’t result in incarceration, it’s still a significant number of detainees

with serious mental health needs.

While reducing recidivism through education is a popular and effective

approach, so too is improving substance abuse treatment for inmates.

Substance abuse treatment programs are among the most effective in

reducing recidivism.
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Whether treatment takes the form of a deferred sentence while the

defendant is in inpatient drug treatment, or as intensive treatment while in

prison, rates of recidivism for these offenders are reduced by double-

digits compared to the general prison population.

So, when evaluating what works to reduce recidivism, the best

approaches are to intervene early and provide substantive support while

incarcerated. And for the best results that support should continue for the

parolees after they are reintroduced to society.

There are many reasons why a person ends up behind bars. When

considering what contributes to recidivism, there are equally as many

reasons.

Duwe G. (2015) claimed that the challenges of reducing recidivism are

many. From purely economic factors to mental health issues and various

points in between, parolees have to weather many different challenges as

they try to reenter society and stay out of jail.

Below is an exploration of five primary barriers to reentry that

significantly contribute to recidivism.

Lack of Reentry Programs for Prisoners

The challenge of reducing recidivism begins before a prisoner is even

paroled.

Though many educational and job training programs are available in

jails and prisons, it is not a given in each facility. Furthermore, programs that

help socialize inmates and prepare them for entry back into the community

can be underfunded, not rigorous enough, or might not exist at all.


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This is unfortunate because reentry programs, like work release

initiatives, have been shown to have a significant, positive impact on reducing

an inmate’s likelihood to re-offend. As Duwe (2015) shows, reentry programs

that focus on job skills and work experience help reduce recidivism while also

improving the parolee’s chances of getting a job.

Without programs like this to help set inmates up for success and

usher them back into society, they can be woefully ill-prepared for living

independently again. The more unprepared a parolee is for life in the real

world, the more likely they are to re-offend. To that end, a challenge for those

in the criminal justice system is ensuring that parolees are prepared for

release in advance and have the support they need once they are released.

Another challenge in reducing recidivism is a one-size-fits-all approach

to reentry that is so prevalent in the American prison system.

In other words, tailoring treatment and supportive programs to the

specific needs of each parolee can be a far more effective approach to

reducing recidivism.

The barrier to this method is, of course, money. Providing

individualized services like this requires funding for programs both inside and

out of jail, as well as training for criminal justice workers, hours for supervision

of parolees, and so forth.

Yet, even in small doses, a more customized approach can be

effective. For example, the Colorado State Board of Parole trains its members

in motivational interviewing techniques. These techniques are applied during

parole hearings as a way to decrease the offender’s resistance to the process


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while also promoting their readiness for change. This, in turn, can improve the

inmate’s commitment to their program of release, which reduces the likelihood

that they will re-offend.

Finding a job – let alone a good job – can be difficult for ex-prisoners.

The stigma of having been incarcerated is a significant barrier to employment,

while some careers are simply off-limits to people who have a criminal record.

As Ray, Grommon, and Rydberg (2016) note, having a stable job not

only helps parolees provide for themselves, but it can also foster feelings of

pride, self-confidence, and ties to the community. Without these and other

benefits of employment, the risk of recidivism greatly increases.

Reducing recidivism programs like this demonstrate how successful

planning, coordination of stakeholders, and a commitment to helping parolees

transition back to normal life can be. Yet, these types of programs are not all

that common, making it more difficult to reduce recidivism.

Liem, M. & Kunst, M. (2013) mentioned that the day when a person is

released from prison is often one of great happiness for them. A return to

loved ones and to the free world can be downright euphoric.

But to think that the process of integrating back into society will be

smooth sailing is naive. There are major problems ex-inmates face as they

seek to rebuild their lives. This is particularly true of parolees that served a

very long prison sentence.

Monnrow (2011) emphasized that the key factors increasing the risk of

re-offending included the following:


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• Age: as age increases the likelihood of recidivism declines.

• Prior prison admissions: each additional admission into prison

increases the likelihood of further admissions occurring.

• Gender: males were more likely to reoffend compared to females.

• Aboriginal status: Aboriginal prisoners were more likely to reoffend

compared to non-Aboriginal prisoners.

• Security Rating: maximum security prisoners were more likely to

reoffend compared to medium security prisoners, who in turn were

more likely to reoffend compared to minimum security prisoners.

• Educational attainment: prisoners who had completed part secondary

education without pursuing further qualifications were more likely to

reoffend compared to prisoners who had completed secondary

schooling or who had pursued some sort of post-secondary

qualification (e.g. tertiary education or an apprenticeship).

• Substance use risk rating: prisoners who were classified as high or

highest risk on the substance use offender treatment checklist were

more likely to reoffend compared to prisoners who were either low or

moderate risk, or who did not complete the checklist.

• Treatment program completion: prisoners who completed at least one

treatment program prior to release were more likely to reoffend

compared to prisoners who did not complete a treatment program.

A number of factors did not appear to be significantly associated with

recidivism. They included:


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• Mental illness.

• Intellectual disability

• Violent offending risk rating (those rated a high or highest risk of violent

re offending were no more likely to re-offend than other prisoner

groups).

Sex offender risk ratings also proved interesting: prisoners classified as

high risk on the sex offender checklist were actually less likely to reoffend

than other prisoner groups. Prisoners classified as highest risk were no more

likely to reoffend compared to other prisoner groups.

Of the factors associated with recidivism, the three strongest relationships

were with age, prior prison admissions, and problematic substance use. Over

half of sentenced prisoners released in 2008/09 and 2009/10 were identified

as having highly problematic substance use. These findings along with the

findings that males, Aboriginal prisoners, and prisoners with low educational

attainment were more likely to reoffend, corresponds with national and

international research.

The analysis found that prisoners who completed a treatment program had

an increased likelihood of returning to prison. This is not supported by national

and international research.


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According to the Rome Statute; Article 25 Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this

Statute.

2. A person who commits a crime within the jurisdiction of the Court shall

be individually responsible and liable for punishment in accordance with

this Statute.

3. In accordance with this Statute, a person shall be criminally

responsible and liable for punishment for a crime within the jurisdiction of

the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with

another or through another person, regardless of whether that other

person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which

in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime,

aids, abets or otherwise assists in its commission or its attempted

commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted

commission of such a crime by a group of persons acting with a

common purpose. Such contribution shall be intentional and shall

either:
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(i) Be made with the aim of furthering the criminal activity or

criminal purpose of the group, where such activity or purpose

involves the commission of a crime within the jurisdiction of the

Court; or

(ii) Be made in the knowledge of the intention of the group to

commit the crime;

(e) In respect of the crime of genocide, directly and publicly incites

others to commit genocide;

(f) Attempts to commit such a crime by taking action that commences

its execution by means of a substantial step, but the crime does not

occur because of circumstances independent of the person's

intentions. However, a person who abandons the effort to commit the

crime or otherwise prevents the completion of the crime shall not be

liable for punishment under this Statute for the attempt to commit

that crime if that person completely and voluntarily gave up the

criminal purpose.

3. In respect of the crime of aggression, the provisions of this article shall

apply only to persons in a position effectively to exercise control over or

to direct the political or military action of a State.

4. No provision in this Statute relating to individual criminal responsibility

shall affect the responsibility of States under international law.


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Local Literature

Marilyn Baruya Yap, (2015) presented AN ACT AMENDING

PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE

“PROBATION LAW OF 1976” AS AMENDED Be it enacted by the Senate and

House of Representative of the Philippines in Congress as assembled:

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby

further amended to read as follows: “SEC. 4. Grant of Probation. - Subject to

the provisions of this Decree, the trial court may, after it shall have convicted

and sentenced a defendant for a probation able penalty and upon application

by said defendant within the period for perfecting an appeal, suspend the

execution of the sentence and place the defendant on probation for such

period and upon such terms and conditions as it may deem best. No

application for probation shall be entertained or granted if the defendant has

perfected the appeal from the judgment of conviction: Provided, That when a

judgment of conviction imposing a non-probation able penalty is appealed or

reviewed, and such judgment is modified through the imposition of a probation

able penalty, the defendant shall be allowed to apply for probation based on

the modified decision before such decision becomes final. The application for

probation based on the modified decision shall be filed in the trial court where

the judgment of conviction imposing a non-probation able penalty was

rendered, or in the trial court where such case has since been re-raffled. In a

case involving several defendants where some have taken further appeal, the

other defendants may apply for probation by submitting a written application

and attaching thereto a certified true copy of the judgment of conviction. “The
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trial court shall, upon receipt of application filed, suspend the execution of the

sentence imposed in the judgment. “This notwithstanding, the accused shall

lose the benefit of probation should he seek a review of the modified decision

which already imposes a probation able penalty. “Probation may be granted

whether the sentence imposes a term of imprisonment or a fine only. The

filing of the application shall be deemed a waiver of the right to appeal. “An

order granting or denying probation shall not be appeal able.”

1 SEC. 2. Section 9 of the same Decree, as amended, is hereby further

amended to read as follows:

“SEC. 9. Disqualified Offenders. - The benefits of this Decree shall not

be extended to those: “(a) sentenced to serve a maximum term of

imprisonment of more than six (6) years; “(b) convicted of any crime against

the national security; “(c) who have previously been convicted by final

judgment of an offense punished by imprisonment of more than six (6) months

and one (1) day and/or a fine of more than one thousand pesos (Php

1,000.00); “(d) who have been once on probation under the provisions of this

Decree; and “(e) who are already serving sentence at the time the substantive

provisions of this Decree became applicable pursuant to Section 33 hereof.”

SEC. 3. Section 16 of the same Decree, as amended, is hereby further

amended to read as follows: “SEC. 16. Termination of Probation. - After the

period of probation and upon consideration of the report and recommendation

of the probation officer, the court may order the final discharge of the

probationer upon finding that he has fulfilled the terms and conditions of his

probation and thereupon the case is deemed terminated. “The final discharge
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of the probationer shall operate to restore to him all civil rights lost or

suspended as a result of his conviction and to totally extinguish his criminal

liability as to the offense for which probation was granted. “The probationer

and the probation officer shall each be furnished with a copy of such order.”

SEC. 4. Section 24 of the same Decree is hereby amended to read as

follows: “SEC. 24. Miscellaneous Powers of Regional, Provincial and City

Probation Officers. - Regional, Provincial or City Probation Officers shall have

the authority within their territorial jurisdiction to administer oaths and

acknowledgments and to take depositions in connection with their duties and

functions under this Decree. They shall also have, with respect to

probationers 2 under their care, the powers of a police officer. They shall be

considered as persons in authority.”

SEC. 5. Section 27 of the same Decree is hereby amended to read as

follows: “SEC. 27. Field Assistants, Subordinate Personnel. - Regional,

Provincial or City Probation Officers shall be assisted by such field assistants

and subordinate personnel as may be necessary to enable them to carry out

their duties effectively.”

SEC. 6. Section 28 of the same Decree is hereby amended to read as

follows: “SEC. 28. Volunteer Probation Assistants (VPAs). - To assist the

Chief Probation and Parole Officers in the supervised treatment program of

the probationers, the Probation Administrator may appoint citizens of good

repute and probity, who have the willingness, aptitude, and capability to act as

VPAs. “VPAs shall not receive any regular compensation except for

reasonable transportation and meal allowances, as may be determined by the


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Probation Administrator, for services rendered as VPAs. “They shall hold

office for a two (2)-year term which may be renewed or recalled anytime for a

just cause. Their functions, qualifications, continuance in office and maximum

case loads shall be further prescribed under the implementing rules and

regulations of this Act. “There shall be a reasonable number of VPAs in every

regional, provincial, and city probation office. In order to strengthen the

functional relationship of VPAs and the Probation Administrator, the latter

shall encourage and support the former to organize themselves in the

national, regional, provincial, and city levels for effective utilization,

coordination, and sustainability of the volunteer program.”

SEC. 7. Separability Clause. - If any provision of this Act is declared

invalid, the provisions hereof not affected by such declaration shall remain in

full force or effect.

SEC. 8. Repealing Clause. - All laws, executive orders, or

administrative orders, rules and regulations or parts thereof which are

inconsistent with this Act, are hereby amended, repealed or modified

accordingly.

SEC. 9. Appropriations Clause.- The amount necessary to carry out the

provisions of this Act shall be included in the General Appropriations Act of

the year following its enactment into law.

3 SEC. 10. Implementing Rules and Regulations. - Within sixty (60)

days from the approval of this Act, the Department of Justice shall promulgate

such rules and regulations as may be necessary to carry out the provisions of

this Act.
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SEC. 11. Effectivity. - This Act shall take effect immediately after its

publication in the Official Gazette or in two (2) newspapers of general

circulation.

Maristela (2020) emphasized in his article that the Philippines has been

supportive of the goals of community-based treatment and has continuously

adopted measures consistent with the United Nations Standard Minimum

Rules for Noncustodial measures or the Tokyo Rules. In order to appreciate

fully the goals and advantages of community-based treatment in the context

of the Philippines, there is a need to revisit the old and traditional concepts of

treating offenders and those of emerging ones, specifically from a social

development framework. Social development, as defined by the United

Nations, is the greater capacity of the social system, social structure,

institutions, services and policy to utilize resources to generate favorable

changes in levels of living, interpreted in the broad sense as related to

accepted social values and a better distribution of income, wealth and

opportunities. Social development therefore, covers a comprehensive, yet

integrated, field that encompasses education, health and nutrition, livelihood,

social welfare, etc. It involves the services of educators, medical practitioners,

social workers, psychologists and other social scientists that contribute to

improvement in the quality of human life. Doreen Elliott (1993) argues that

social development values represent an ideology close to that of the values of

social work, except that the values are less individually focused. She argues

further that while social work is essentially individually oriented and politically

conservative, social development is globally and radically oriented. Omer


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(1979) suggests that human dignity, equality and social justice are key values

in a social development approach. These values are therefore consistent with

those adopted by the United Nations Minimum Standard that encourages

countries to pursue crime prevention and criminal justice within the framework

of the promotion of human rights, social justice and social development. From

this social development context, it is best to examine old concepts related to

the treatment of offenders vis-a-vis the new approaches in this field.

The traditional concept of treating offenders has been towards

examining the offender’s characteristics, behavior, values and other personal

traits and the causes behind committing a crime, among other factors.

Criminals would be examined from a criminologist point of view, which usually

led to self-blaming. Thus, the treatment approach would be individual therapy,

focusing on behavior modification. The empowerment approach, which is

basically a social development approach, however, looks not only at simplistic

uni causal explanations, but at the offender as a “person-in-environment”, i.e.,

one in a dynamic relationship with their environment and prescribed roles in

varied social situations. It assumes an interdependence of relationships

between the parts (the offender and his/her family) and the whole (community

and society). Thus, while behavior modification continues to be a goal in

rehabilitation and reintegration, empowerment, which is the harnessing of the

offender’s adaptive capacities, decision-making abilities and capability to link

and access to outside resources, is a tandem goal in our present efforts.

Harnessing and honing adaptive capacities are deemed necessary because

of the fast changing conditions in the environment brought about by


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globalization, information technology, accelerated development and other

factors. The failure of some individuals and families to adapt to such sudden

and swift changes brings about crisis in their adaptation and social

functioning. This therefore calls for harnessing not only the offender’s capacity

to handle crisis, solve problems, and make right and timely decisions, but also

their own and family’s ability to identify resources. Through this empowerment

scheme, they are made aware of what are the resources from within and

outside the family, which they can tap to address their needs and problems.

Santos (2018) added that consistent with a lesser emphasis on

individual pathology is the move from the analytical approach towards a

systems approach. In the analytical approach, the whole is broken into parts

and examined closely. Thus, an offender’s mental, psychological and

socioeconomic conditions are examined thoroughly and dissected carefully as

basis for treatment goals. In the systems approach, on the other hand, the

parts are linked and integrated as a whole. It is an inter-disciplinary and

holistic approach. Elliott offers a context model or paradigm for the systems

analysis node of guidance in approaching social problems, as shown in Table

I. It ranges through the system levels: international, national, state, regional,

local, organizational, family and individual, and sets these alongside functional

social systems such as economic, political, sociocultural, scientific and

religious. Through this paradigm, problems will be less likely viewed from an

individual pathology but from a systems approach. Elliott is cited as an

example of the examination of the interface between economic (on the social

system dimension) and the drug culture and the individual (on the system
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level). Drug culture offers many young people in the cities a quick way to

achieve material goals, which may be closed to them through legitimate

means. The lack of social stimulation and a poor environment clearly

impinges on drug related behavior. Current responses such as border control

and the growth of prisons emphasize social control. A social development

approach, however, would address the problems at various levels, namely: (1)

individual therapy so that immediate and short term considerations are not

ignored; (2) economic re-structuring with a focus on urban and rural poverty;

(3) preventive educational campaigns; and (4) empowerment schemes. Thus,

participants in the drug culture would not be seen as criminal or sick per se,

but as underprivileged and victims of social injustice.

These lead to the adoption of a micro-macro continuum in the

prevention of crime and treatment of offenders. It links micro, or individual

therapy approaches, to macro or systems approaches that enable multi-level

and multi-system intervention. These multi-level approaches and interventions

from the Philippines experience include: 1. Total Family Approach A

recognition of the importance which the family plays in the commission of

crime and on the offender’s rehabilitation continues to be the focus of

contemporary community-based corrections in the country. Today not only is

the offender the focus of intervention, but also their family as well. Realizing

and recognizing that the crime offenders commit can be a symptom of a

deeper problem or dysfunction within the family, the family members are

assisted and harnessed to realize their potentials as individuals in this most

basic unit of society. The family has been considered as a primary support
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group for the offender’s rehabilitation and eventual reintegration. Most

rehabilitation efforts are focused on maintaining harmonious relations

between the offender, their family and the community; strengthening and

empowering them altogether.

This stems from the realization that in a number of instances, the

offender’s reason for committing a crime is family-related i.e., the family is

poor or hungry, lacking in basic amenities, needing hospitalization, etc..

Family-related concerns are also reasons frequently given by offenders for

their escape from jails, prisons or rehabilitation centers and their desire to be

free.

The influence of family members is also evident in the rehabilitation

process, especially since most family members constitute the “significant

others” in an offender’s life; thus providing a source of motivation, help and

“healing” to the offender. The total family approach in community Cbased

corrections looks at the offender in the context of their family - its strengths

and weaknesses, its resources and problems, potentials and constraints.

Family resources- both human and material - are pooled together so

that the offender’s reintegration can be hastened and facilitated, while at the

same time addressing the problems of other family members. Family-centered

treatment is therefore adopted and maximized by organizations to assist the

offender and their family. For example, due to realization of the importance of

the family as a support system, youth offenders who no longer have families

are placed in foster care, wage homes or are afforded kinship-support


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assistance to ensure that they are provided the benefits and advantages of

living in a natural, home-life situation and atmosphere.

Patulot (2018) stated that next to the family, the immediate community

is seen as a valuable support system for an offender. The community should

assume primary responsibility for the offender, as it is usually the origin of

crime. It is in the community where the offender’s roots are, where his/her

peers and friends are often found, where they can be further educated and

trained, where they practice their religion, pursue life goals and continuously

strive to belong. It is also a resource for their and their family, in times of need

and desolation, and to which they and their family also contribute their share

and resources whenever possible.

The community is thus the bigger locus for an offender’s change and

transformation given its resources, networks and the opportunities it offers to

pursue a productive and useful life. New approaches in community-based

treatment involve the harnessing and maximization of community structures

outside of the family. Schools, the church, community leaders and members,

non government, voluntary and people’s organizations, civic associations,

business groups and other sectors, in addition to government, should be

tapped and mobilized to contribute their resources to the treatment and

reintegration of offenders, and the strengthening of their families.

These community structures complement and supplement the services

for offenders offered by the State With the mushrooming of nongovernmental

organizations, people’s organizations, civic, religious or professional groups,

and other community structures, there are now many resources to help
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offenders and their families lead productive and meaningful lives. Volunteer

groups have become necessary components in the rehabilitation of offenders

and their reintegration. Both at the institutional and non-institutional settings,

volunteer groups form part of the rehabilitation resources. They are utilized in

the educational, physical, spiritual, social and cultural activities of offenders.

The Department of Social Welfare and Development (DSWD) has a

Volunteer Intervention Program for Youth in Conflict with the Law, which

utilizes senior citizens, women groups, civic, religious and other organizations

and individuals. These volunteers are trained and provided technical

assistance in their volunteer work of assisting and monitoring the youth as

they are rehabilitated and reintegrated into society. The Department of Justice

correctional bureaus also utilize volunteer groups to a large extent. The

Probation and Parole Administration (PPA) utilizes volunteer probation aides

which assist probation officers in rehabilitating parolees and probationers.

Likewise, volunteers are utilized in penitentiaries and penal institutions. The

local government units and the Bureau of Jail Management and Penology,

under the Department of Interior and Local Government, also utilize

volunteers to a great extent in educational, medical, religious, cultural and

recreational activities.

The role of culture in crime prevention and the treatment of offenders

has long been recognized. In the Philippines, certain cultural values are

maximized to assist in the reintegration of offenders and in their “healing

“process. Among the strengths of the Filipino character is a deep faith in God

or belief in a Supreme Being. Such belief arouses reverence, gratitude, the


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will to obey and serve and other positive values. In ordaining and

promulgating the country’s Constitution, and in everyday life, the Filipino

people invoke the aid of Almighty God, whether this God at the individual level

is Jesus Christ, Allah, Buddha, Jehovah, etc.. We ascribe human traits, our

fate, and fortune to a supernatural God whom we honor and love. This

enables us to accept reality in the context of God’s will and plan. Due to this

sense of spirituality, we can be optimistic even at the most pressing of times.

Spirituality encourages a life with values based on truth and love rather than

the acquisition of material things. This sense of spirituality is thus recognized

and considered in formulating treatment measures for the socially and

economically disadvantaged, including offenders.

The spiritual dimension of reintegration not only into the family and the

community, but also with one’s Creator makes the treatment plans more

complete and holistic. It also makes the offender more remorseful and

insightful because of the belief that “man does not live by bread alone” and

that s/he must also take care of what happens to their spirit. Spiritual

programs are therefore integrated among the services and opportunities

afforded to offenders, both in institutional and non-institutional settings,

enabling them to strive towards moral purity and healthy living in accordance

with God’s intent and purposes. Moreover, among the regular volunteers in

prisons, jails or rehabilitation centers, as well as community-based programs,

are spiritual and religious groups. These groups contribute to the

improvement and betterment of the offenders’ personality and character, by


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giving deeper meaning to life and the enhancement of the corrections’

programs.

Recent development of management practices at the sub-regional

levels of the country have also contributed to the micro-macro continuum of

the treatment of offenders. In 1992, the national government through the

Local Government Code, devolved responsibility for the provision of basic

services, together with the corresponding funds, manpower and other

resources, to the local government units in the provinces, cities, municipalities

and barangays (villages). This signaled the change of responsibility from

national agencies to local government units over the provision of basic social

services. Included in this devolution is the management of community-based

services along with the socio-economic development of families within the

local government’s area of responsibility.

Mendoza (2017) reiterated that local government units have therefore

taken primary roles in the alleviation of poverty among their constituencies,

the promotion of peace and order, and socio-economic development in their

areas. Due to this devolution, support services needed for the rehabilitation

and reintegration of offenders into the community became closer and more

accessible to them and their families. In view of the autonomy given to local

governments, they have embarked on new and innovative ways of managing

and administering basic social services aimed at improving the lives of their

constituents and promoting growth with equity. This move complemented the

strengthening of families and communities as support groups for the

disadvantaged such as the offenders. It also afforded local governments the


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opportunity to craft new services that are relevant and responsive to the local

residents, given their resources and the problems to be confronted. In fact, a

number of provincial governments have made innovations in the management

of provincial jails which are now under them, a welcome development in the

reintegration of offenders.

He also mentioned that in 1994, the Philippines launched the Social

Reform Agenda (SRA) which is the commitment of the Ramos Administration

to attain a balance between economic growth and social equity. The SRA is a

package of programs and reforms that addresses the minimum basic needs of

families, and the reform needs of basic sectors to reduce poverty. It is likewise

a strategy of effectively converging all sectors — government, civil society and

business sectors-and matching their programs with the needs of target

communities and families. It is aimed at improving the quality of life of Filipino

families, especially those whose income falls below the poverty threshold.

A feature of the SRA that directly relates to the reintegration of

offenders and strengthening of their family is the use of the Minimum Basic

Needs (MBN) approach in assessing the socioeconomic levels of poor

families. It addresses purposively the survival, security and enabling needs of

poor families through 33 indicators.

The MBN for survival comprise of maternal and child health, adequate

nutrition, water and sanitation and basic clothing. The MBN regarding security

is addressed by the program in terms of income and employment, security

and safety of families, and housing. Specifically, under the security minimum

basic needs, two indicators are identified directly with crime prevention, i.e.,
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Indicator no. 18 (no family member is to be victimized by crime against

persons) and Indicator no. 19 (no family member is to be victimized by crime

against property).

Since there is a purposive targeting of families in given communities

through the MBN, the poor conditions that spawn crime and impinge on the

successful reintegration of offenders are improved. Also, the prevention of

crime is made manifest at the family and village levels, because target

families of the program consciously exert efforts to prevent crime and avoid

being victims or offenders. The enabling needs addressed are education,

people’s participation and family care/psycho-social requirements.

Like many countries, the correctional system in the Philippines has

both an institution-based and a community-based component. It also has

separate treatment systems for youth offenders and adult offenders. The

custodial care of adult offenders is handled by the following: 1. The Bureau of

Jail Management and Penology (BJMP) under the Department of Interior and

Local Government (DILG) which has supervision over all district, city and

municipal jails and detention centers. These jails house detainees awaiting

judicial disposition of their case and offenders whose sentence range from

one (1) day to three (3) years. 2. The Provincial Governments, which have

supervision and control over provincial jails. These jails house court detainees

and prisoners whose prison terms range from six (6) months and one (1) day,

to three (3) years. 3. The Bureau of Corrections (BUCOR) under the

Department of Justice (DOJ), which has control over the national penitentiary

and its penal farms, houses convicted offenders with prison sentences
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COLLEGE OF CRIMINOLOGY

ranging from three (3) years and one (1) day, to life imprisonment. Youth

offenders in the Philippines are treated differently.

A youth offender is defined as a child over nine (9) years but below

eighteen (18) years of age at the time of the commission of an offense. Under

the country’s laws, these youth offenders are entitled to a suspended

sentence. Instead of serving their sentence, they are rehabilitated in regional

youth rehabilitation centers, which are managed and supervised by the

Department of Social Welfare and Development (DSWD).

There are ten (10) rehabilitation centers for youth offenders, one of

which is a National Training School for Boys and the other, a National

Training School for Girls. Their stay in the center can be shorter than their

sentence term, depending on how they respond to the rehabilitation process

therein.

The non-institutional treatment of adult offenders is managed primarily

by the Department of Justice (DOJ) through its Parole and Probation

Administration and the Board of Pardons. Probation for adult offenders is

available to those whose penalty of imprisonment does not exceed six (6)

years. It is considered as a matter of privilege and not of right. Hence, the

adult offender has to apply for probation before the court upon conviction.

This is also true for the parole system.

The Department, in cooperation with other agencies and the Asia

Crime Prevention Philippines Inc. (ACPPI), now operates the recently

constructed Philippine-Japan Halfway House, a new alternative for treating

adult offenders. On the other hand, community-based rehabilitation services


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for the youth are administered by the DSWD through its regional field offices

nationwide, in coordination with the local government’s social welfare and

development offices. After-care and follow-up services are likewise carried out

for youth offenders by the DSWD.

The management of community-based treatment measures for persons

in conflict with the law has its share of problems and weaknesses. Firstly, low

priority has been given to budgetary outlays and support for offenders and

prisoners because of the stigma attached to crimes and offenses. Secondly,

the general public perception on offenders continues to be in the context that

they have violated laws and human rights.

Thus, continuous advocacy efforts have to be done to change the

mind set about offenders and their capacity to be rehabilitated and be

productive. Thirdly, while village level efforts are welcome and widely used,

personal and familial ties sometimes influence decisions at that level, thus,

affecting the efficacy of some corrective measures. This is a disadvantage of

the informal system, which can be addressed by constant orientation,

information, and education of community leaders and residents.

Fourthly, while youth offenders are welcomed easily, adult offenders

are less accepted by communities because of the fact that they are perceived

to have full cognizance of their offenses and wrongdoing. Thus, there are

more opportunities for youth offenders than adult, because of the perceived

higher chance of rehabilitation by the latter.

The fifth, and most important lesson, is that investing in prevention and

developmental programs, to ensure economic stability and social equity


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among the populace, is far better and less costlier than the treatment of

offenders. This is in consonance with the old saying that “an ounce of

prevention is better than a pound of cure.”

Thus, the government and civil services are investing in strengthening

families as a basic unit of society that should nurture, care and develop its

members to be useful and responsible members of society. Crime prevention

and the treatment of offenders are among the most important tasks and

responsibilities of governments. This fact is confirmed by the 1997 World

Bank Development Report that listed the five fundamental tasks of the States

in our changing world. The five tasks are: 1. establishing a foundation of law.

2. Maintaining a non-distortionary policy environment, including

macroeconomic stability. 3. Investing in basic social services and

infrastructure. 4. Protecting the vulnerable. 5. Protecting the environment.

Clearly, tasks numbers 1 and 4 (above) cover crime prevention and control

and treatment of offenders, respectively. Thus states of the world should

invest in this endeavor in order to ensure that its development goals are

achieved and its progress attained. To fully operate these state tasks,

particularly in the field of the community based treatment of offenders and ex -

offenders, there is a need for a comprehensive and integrated planning,

implementation, monitoring and evaluation system between and among the

five (5) pillars of the criminal justice. Since these pillars have the same goals

that vary only in degree of congruence and emphasis, they form a chain of

efforts to rehabilitate and reintegrate offenders.


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These pillars constitute the sectors in a reintegration continuum:

community (development, prevention, early detection); law enforcement

(interrogation,-detention); prosecution (investigation); courts (adjudication);

corrections (retribution, rehabilitation) The initial step towards this integrated

approach is ensuring a common paradigm in reintegration that starts and

ends with the community as the vital and leading component of a reintegration

continuum.

Proceeding from a systems approach in rehabilitation, reintegration

goals must permeate and be integrated in all pillars of the criminal justice

system. This also calls for a comprehensive and holistic view of reintegration

as a continuum - starting at the point where an offender is separated from

their community, to the time s/he is brought before law enforcement entities,

the prosecution, the courts, the corrections authorities and finally back to the

community. Thus, even at the first instance when s/he is apprehended, the

police must view an offender not just as a criminal, but a human resource that

can be a potential loss and a subject for rehabilitation and eventual

reintegration. Subsequent pillars, to which the offender must be exposed,

should also have these common goals. At the initial stages of interrogation,

detention and investigation, therefore, an offender must be seen not only as

an individual whose criminal behavior needs to be contained or curtailed, but

also as a person in an especially difficult circumstance who should

nonetheless be helped in facing their problems and coping with life’s realities.

Similarly, while the prosecution and the court pillars treat offenders as

worthy of deterrent measures and punishment, they must have reintegration


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in final view. Correction officials and staff should not, therefore, be the only

advocates for reintegration.

This reintegration continuum approach, at the formal criminal justice

pillar levels, must be supplemented and complemented by informal social

control and economic growth mechanisms at the community level to improve

quality of lives and strengthen the prevention of crime at its very source - the

individual, their family and community.

These efforts must be supported by all the elements and sectors of a

nation that must see crime as a manifestation of weaknesses in a given

society. For in ultimate analysis, the strength of a nation can only be truly

tested at the level of its poorest and most vulnerable families, and those of its

weakest communities.

Related Studies

Foreign

Maruna (2020) reported that over 2 million adults were placed

under correctional supervision in the United States. In addition, these people

are incarcerated and stigmatized because of their criminal record, aside from

the problems that lead to re-offending. In the Philippines, correctional

establishments are not even capable of a massive population, so the increase

of prisoners and recidivism rates. Aside from some failure to justice that is

supposed to protect the innocence from conviction, the deemed criminals

have difficulties to seizing survival. Moreover, the local problem includes


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stigmatization that significantly affects ex-offenders toward perceiving life.

Perchance,as they barely maintain intimate relationships with their immediate

family while being incarcerated, will become a gaping wound of the

relationship that causes much arousal of problems. Leaving prison, thus, is

also reminding them that their families are already broken, that no homes are

willing to receive them, and that their employment capabilities do not matter at

all.

(Moore & Tangney, 2017; Moore et al., 2018; Phillips, 2016) Ex-

offenders are individuals that are even at the risk of many determinants. Their

conviction was even more threatening as it has enforced the feeling of being

strained to violence and other incarceration difficulties such as abuse that

later on can impact their ethical decision making. The abhorrent conviction of

young individuals, particularly those whose life after prison cannot reintegrate

into society, will handicap them for unemployment that drives them survives

differently.

Lipsey (2019) conducted a meta-analysis to examine the effect of

rehabilitation programs on reducing recidivism for adults who have been

convicted of an offense. Studies were included in the review if they 1) involved

a qualifying psycho social intervention or treatment designed to, implicitly or

explicitly, reduce criminal behavior or improve skills, mental health, or social

functioning; 2) included a sample that comprised at least 50 percent convicted

persons and 60 percent adults of a mean age of 18 or older; 3) compared

outcomes for at least one participant group of at least 10 individuals receiving


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treatment with those in at least one qualifying control group of at least 10

individuals; 4) included participants who were randomly assigned to treatment

and control conditions, or matched on or compared on baseline variables that

included at least one pretest criminal history/risk variable or two relevant

personal demographic characteristics; 5) reported at least one outcome

variable for recidivism or other outcomes indicative of successful intervention

such as employment, mental health, or substance use; and 5) were

conducted during or after 1950 in the United States or another English-

speaking, culturally similar country (e.g., Canada, United Kingdom, Australia,

New Zealand).

The studies primarily measured outcomes related to recidivism,

substance use, employment, mental health, anger/hostility, or

aggression/violence. Some studies contributed effect sizes in more than one

outcome category. When studies reported outcomes for more than one

variable in a given construct category (e.g., recidivism for different offense

types), only the broadest effect size was included in the analysis (e.g.,

recidivism for all offenses). However, this Crime Solutions practice review

focused on the outcome of recidivism. Recidivism was calculated using a

random effects inverse-variance weighted mean effect size.

Ray, B., Grommon, B., & Rydberg, J. (2016) mentioned in their studies

that there is no single method of supportive reentry that works the best.

Instead, what is crucial to the success of parolees is what is delivered to

them, by whom, and in what fashion.


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In other words, tailoring treatment and supportive programs to the

specific needs of each parolee can be a far more effective approach to

reducing recidivism.

Liem & Kunst, (2013) revealed in their studies that the longer an inmate

is incarcerated, the more likely they are to experience post-traumatic stress

disorder-like symptoms. These symptoms are commonly called post-

incarceration syndrome.

The manifestation of post-incarceration syndrome involves PTSD-like

symptoms – anxiety, alienation, and social-sensory disorientation.

Furthermore, institutionalized personality traits are also common and typically

take the form of social withdrawal and mistrust of others, to name but two.

Parolees with post-incarceration syndrome face a significant uphill

battle once they reenter society. As noted earlier, finding a job and housing

can be extremely difficult as it is, but with significant mental health issues

present, successful reentry becomes that much more difficult to attain.

Again, without proper supports in place, newly-paroled people are all

but left to “go it alone,” which can be a recipe for re-offending.

According to a National Institutes of Corrections study (2010) on

evidence-based practices, building trust between the defendant and the

judge, their attorney, probation agent, therapist, and other stakeholders can

be a crucial component of changing the defendant’s behavior.

The study specifically points to the effectiveness of trust-building and

motivation-building for defendants in drug courts. In instances in which the

defendant had personal interactions with the judge, the defendant’s


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engagement and participation in the sentencing process improved. This, in

turn, promoted higher levels of motivation to alter the behaviors that landed

them in court in the first place.

In other words, relationship-building and demonstrating an interest in

the defendant’s ability to be successful helps reduce the defendant’s feelings

of hopelessness and ambivalence to the process. Likewise, it encourages

them to take an active part in the proceedings and can result in improved

chances of avoiding incarceration in the future.

Local Studies

Palagan and Apolinario (2022) emphasized in their study that ex-

offenders are deemed for lifetime conviction as they are subjected to neglect

and restrictions since most perspicacity stigmatizes individual who were sent

to prison for constant deviance. The overall intent of this case study was to

explore how ex-offenders can live life after incarceration while they grapple

difficulties outside such as alienating their capability to live anew. Their

perceptions on the encountered challenges and vantage on the overcoming

strategies they generated themselves after their release; and, reflective

insights, were burrowed. Utilizing interview guide questions to instrument the

in-depth or one-on-one interview of the five participants agreed from the initial

search through purposive sampling, open-ended responses were obtained

and carried through thematic analysis. From the excerpts of the candid data, it

is found that people are pertinent for ex-offenders on living their lives after

release that either trigger problems or motivates constructive-drive in


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overcoming. In conclusion, ex-offenders are concerned on the objective

approach for challenges that impacts their immediate family, risk their lives,

and compels recidivism requiring them to decide adhering with conventional

activities and detach from friends. Refusal to social association is their

subjective approach to criticisms and stigma in the society, hence became

passive on receiving comfort and acceptance assimilated by immediate family

and by the liberty they are exercising outside the prison.

Besin-Mengla (2020) stated that most ex-convicts in Cameroon

became recidivists because of their inability to reintegrate into society. It is

found that ex-convicts' rejection causes them to consume vices and commit

crimes leading to re-imprisonment.

As Chikadzi (2017) mentioned, ex-convicts face myriad challenges

that could drive their recidivism. Their adjustment to broken family and

community, unemployment, and after-care services are among the factors

that struggle them, so the crime-fighting strategy is an essential component

for an offender to reintegrate. It is said that human interaction improves ethical

decision-making, so with ethical-decision making weakens when social

disconnection occurs.

United Nations (2017) Their study specifically points to the

effectiveness of trust-building and motivation-building for defendants in drug

courts. In instances in which the defendant had personal interactions with the

judge, the defendant’s engagement and participation in the sentencing


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Poblacion, Agoncillo, Batangas

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process improved. This, in turn, promoted higher levels of motivation to alter

the behaviors that landed them in court in the first place.

It encourages them to take an active part in the proceedings and can

result in improved chances of avoiding incarceration in the future.

According to Tan et al. (2016), stigmatization was often pointed to by

criminals as a problem and was established as a significant obstacle to

reintegration. Furthermore, respondents who regarded criminals as unwilling

to improve, as well as those who felt more morally outraged by the crimes

they had committed, demonstrated a greater preference for social distance.

Criminals are considered lifetime criminals as it is an expected stigma of the

convicts (Moore et al., 2016). They can internalize those stigmas and absorb

heavily, which found riskier for mental health and development to anti-social

behavior and avoidance to the environment.

Pansag (2016) suggested that an ex-convict observer’s coping

strategy provide him/her with an ability to live more. Further, (De Guzman et

al., 2020) research posited the positive effects of the prisons’ negative

climate, specifically to Filipino elders’ prisoners. Besides, prison experiences

could be either a help or harm to them in a way that in order to cope with the

prison environment, the participant chose to become subjective, to bear the

consequences of their actions, to remain busy and to remain active in

religious activities (Flores-Barolo & Vicente, 2019). Ex-offenders are deemed

for lifetime conviction as they are subjected to neglect and restrictions since

most perspicacity stigmatizes individual who were sent to prison for constant

deviance. This emphasizes that they are expected for social disconnection
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and constraint as already a punishment even after their conviction. It is surely

difficult to combat all these factors, hence, there are ex-offenders who have

continued to live their life, regain self-esteem, establish healthy personalities,

and interact along with family, friends, and other people.

Estel and Portes (2016) reiterated in their study that as of 2012 there

has been an alarming increase of 20% Filipino recidivists (Bureau of

Corrections, 2012). It continues to increase up until the present time. Thus,

this study examined how Individual Differences, Family, Peers, State Policies

for Employment, and Spirituality foster successful reintegration of ex-

offenders and ultimately lessen recidivism among them. Through delving into

the personal lived experiences of the ex-offender during their re-entry, the

researchers intend to know how these factors play out in their successful re-

entry experience. Findings suggest that these factors heavily affect the

reintegration of formerly incarcerated individuals. However, a new factor,

politics, emerged in our present study indicating that it also assists successful

reintegration. The six factors are interdependent and found to have

corresponding sub themes. In addition, the researchers have found out that

the factors may overlap with one another and may or may not exist without

the other. In general, findings provide several suggestions for better

correctional facilities, better government policies, and alternative approaches

for successful reintegration and lessening recidivism rates.


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