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.
Envisions 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