Baseline Study on the Philippine Penal Conditions: Nurturing a Human Rights Based Approach to Penol Monogement
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Structural reforms, however, are more long-shot as they require involvement of many sectors.
Congress must pass new laws and apportion additional budget to the penal sector. Local provincial
governments must provide fiscal assistance to the Provincial Jails. Cultural reforms, on the other hand,
are more challenging as they require change in the mindset of the penal personnel. Asking penal officers
to be professional, incorruptible, and honest is very difficult in a working environment where they are
overworked and paid pitifully.
Organizational reforms, on the other hand, are the easiest to introduce. Penal officers must be
introduced to the basic principles of effective penal management, which is currently alien to many
of them. By understanding these principles, penal managers will comprehend what structural deficits
they had been lacking and how their coping mechanisms led to their current practices. They will also
comprehend how the current penal culture had undermined their formal power and authority. As such,
while reforms are needed simultaneously in the three areas, this guidebook prioritizes the discussion of
the principles of effective penal management.
a. Domains of Effective Penal Management
This section describes the key domains of effective penal management. These include inmate
classification , inmate housing, inmate programming, and documentation and assessment of inmate
behaviors. These different domains are integrated and, though discussed separately, constitute a holistic
process. Delineating these domains will provide guidance on how the Detention Centers, Jails, and
Prisons achieve uniformity in standards, policies, procedures, and practices. By incorpo rating these key
domains, the different agencies can benefit from the actions of other agencies, eliminate the transfer of
dysfunctions from an agency to another agency, and produce a coherent penal system. It is a lso argued
that observing these key domains will translate in the humane treatment of PDLs that is compliant to
Human Rights standards.
While Detention Centers (PNP, NBI, PDEA, Bl, and AFP) may argue that some of the correctional
domains are beyond their scope as law enforcement agencies, the absence of a cohere nt strategy in the
Detention Centers spells trouble for Ja ils and Prisons. 25 As such, it is advisable that Dete ntion Centers
must be in congruence with the overall sta ndard, policy, procedures, and practices of the BJMP Jails
and Provincial Jails, and BuCor Prisons. In this context. penal inst itutions (detention centers, jails and
prisons) are also referred to as "correctiona l institutions" with the overall aim of safe custody and
effective rehabilitation a nd reintegration of the inmates.
b. Inmate Classification
The first key domain is proper inmate classification. Inmate classification is the first step in the
safe custody, successful rehabilitation, a nd reintegration of inmates. This applies to Detention Centers,
Jails, and Prisons. Inmate classification entails theoretically sound criteria. Current lite rature suggests
that inmates must be classified based on the principles of Risk, Needs, and Responsivity (RNR). 26
Inmate classification must be done immediately upon receipt of an inmate in a facil ity. As such inmate
classification comes hand in ha nd with Inmate Reception and Orientation.
25
26
In fact, Jails can also make the argument that they are not correctional institutions but rather law enforcement institutions. PDLs i n jails are undergoing
trial, and are thus legally presumed innocent. Subjecting inmates to undergo "rehabilitation" programs may imply that they are legally guilty. It is for this
reason that the BJMP prefers to call its "rehabilitation office• as "Inmates Welfare and Development' which is more generic and does not presume guilt of
inmates. However, due to the pragmatic reason that inmates in Jails stay longer than t he ideal, and that inmates with a sentence of less than t hree years
are mandated by law to stay in jail, this guidebook takes the position t hat it is for the inmates· and the institutions' benefit that i nmate programs are offered.
The RNR principles and practices were developed by Canadian correctionalists James Bonta and D.A. Andrews and their colleagues. See Andrews, D. A., &
Bonta, J. (2006). The psychology of criminal conduct {4th ed.). Newark, NJ: LexisNexis. These principles have been accepted by many correctional workers
and scholars all over the world.
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