159280131 correctional-case-study

RACHEL ANNE T. CASTRO, uapsa-cvsu1 CS 100: A CORRECTIONAL FACILITY

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IMPRISONMENT is no other thing than the restraint of a man's liberty, whether it be in the open field, or in the stocks, or in the cage in the streets or in a man's own house, as well as in the common goals; and in all the places the party so restrained is said to be a prisoner so long as he hath not his liberty freely to go at all times to all places whither he will without bail or mainprise or otherwise.

PRISON is a place in which people are physically confined and usually deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime. Other terms used are penitentiary, correctional facility, remand centre, detention centre, and jail or gaol. In some legal systems some of these terms have distinct meanings.

CAVITE STATE UNIVERSITY |College of Engineering & Information Technology

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A criminal suspect who has been charged with or is likely to be charged with criminal offense may be held on remand in prison if he or she is denied or unable to meet conditions of bail, or is unable or unwilling to post bail. A criminal defendant may also be held in prison while awaiting trial or a trial verdict. If found guilty, a defendant will be convicted and may receive a custodial sentence requiring imprisonment.

As well as convicted or suspected criminals, prisons may be used for internment of those not charged with a crime. Prisons may also be used as a tool of political repression to detain political prisoners, prisoners of conscience, and "enemies of the state", particularly by authoritarian regimes. In times of war or conflict, prisoners of war may also be detained in prisons. A prison system is the organizational arrangement of the provision and operation of prisons.

BRIEF HISTORY

For most of history, imprisoning has not been a punishment in itself, but rather a way to confine criminals until corporal or capital punishment was administered. There were prisons used for detention in Jerusalem in Old Testament times, and the Bible details the imprisonment of Joseph in Egypt.[2] Dungeons were used to hold prisoners; those who were not killed or left to die there often became galley slaves or faced penal transportations. In other cases debtors were often thrown into debtor's prisons, until they paid their jailers enough money in exchange for a limited degree of freedom. Only in the 19th century, beginning in Britain, did prisons as known today become commonplace. The modern prison system was born in London, influenced by theutilitarianism of Jeremy Bentham. Bentham's panopticon introduced the principle of observation and control that underpins the design of the modern prison. The notion of prisoners being incarcerated as part of their punishment and not simply as a holding state until trial or hanging, was at the time revolutionary. This is when prisons had begun to be used as criminal rehabilitation centers.

DESIGN AND FACILITIESMale and female prisoners are typically kept in separate locations or

separate prisons altogether. Prison accommodation, especially modern prisons in the developed world, are often divided into wings. A building holding more than one wing is known as a "hall". Many prisons are divided into two sections, one containing prisoners before trial and the other containing convicted prisoners.

o FACILITIES

Amongst the facilities that prisons may have are:

A main entrance, which may be known as the 'sally port' or 'gatelodge'


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A religious facility, which will often house chaplaincy offices and facilities

for counselling of individuals or groups An 'education facility', often including a library, providing adult

education or continuing education opportunities A gym or an exercise yard, a fenced, usually open-air-area which prisoners may use

for recreational and exercise purposes A healthcare facility or hospital A segregation unit (also called a 'block' or 'isolation cell'), used to separate unruly,

dangerous, or vulnerable prisoners from the general population, also sometimes used as punishment (see solitary confinement)

A section of vulnerable prisoners (VPs), or protective custody (PC) units, used to accommodate prisoners classified as vulnerable, such as sex offenders, former police officers, informants and those that have gotten into debt or trouble with other prisoners

A section of safe cells, used to keep prisoners under constant visual observation, for example when considered at risk of suicide

A visiting area, where prisoners may be allowed restricted contact with relatives, friends, lawyers, or other people

A death row in some prisons, a section for prisoners awaiting execution A staff accommodation area, where staff and prison officers live in the prison, typical

of historical prisons A service/facilities area housing support facilities like kitchens Industrial or agricultural plants operated with convict labour A recreational area containing items such as a TV and pool table

PRISON DESIGN

Prisons are normally surrounded by fencing, walls, earthworks, geographical features, or other barriers to prevent escape. Multiple barriers, concertina wire, electrified fencing, secured and defensible main gates, armed guard towers, lighting, motion sensors, dogs and roving patrols may all also be present depending on the level of security. Remotely controlled doors, CCTV monitoring, alarms, cages, restraints, nonlethal and lethal weapons, riot-control gear and physical segregation of units and prisoners may all also be present within a prison to monitor and control the movement and activity of prisoners within the facility.


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Modern prison designs have sought to increasingly restrict and control the

movement of prisoners throughout the facility while permitting a maximal degree of direct monitoring by a smaller prison staff. As compared to traditional large landing-cellblock designs which were inherited from the 19th century and which permitted only intermittent observation of prisoners, many newer prisons are designed in a decentralized "podular" layout.

Smaller, separate and self-contained housing units known as "pods" or "modules" are designed to hold between sixteen and fifty prisoners each and are arranged around exercise yards or support facilities in a decentralized "campus" pattern. A small number of prison officers, sometimes a single officer, is assigned to supervise each pod. The pods contain tiers of cells arranged around a central control station or desk from which a single officer can monitor all of the cells and the entire pod, control cell doors and communicate with the rest of the prison. Pods may be designed for high-security "indirect-supervision", in which officers in segregated and sealed control booths monitor smaller numbers of prisoners confined to their cells.

An alternative is "direct-supervision", in which officers work within the pod and directly interact with and supervise prisoners, who may spend the day outside their cells in a central "dayroom" on the floor of the pod. Movement in or out of the pod to and from exercise yards, work assignments or medical appointments can be restricted to individual pods at designated times and is generally centrally controlled. Goods and services, such as meals, laundry, commissary, educational materials, religious services and medical care can increasingly be brought to individual pods or cells as well.

Despite these design innovations, overcrowding at many prisons, particularly in the U.S., has resulted in a contrary trend, as many prisons are forced to house large numbers of prisoners, often hundreds at a time, in gymnasiums or other large buildings that have been converted into massive open dormitories. Lower-security prisons are often designed with less restrictive features, confining prisoners at night in smaller locked dormitories or even cottage or cabin-like housing while permitting them freer movement around the grounds to work or activities during the day.

SECURITY LEVELSThe levels of security within a prison system are categorized differently around

the world, but tend to follow a distinct pattern. Most developed countries divide prisons into separate security classes depending on the inmate population and the security needed to keep them under control. Accordingly, most developed countries have classes ranging from the most secure, which typically hold violent prisoners and those judged most likely to escape, to the least, which are most often used to house non-violent


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offenders or those for whom more stringent security is deemed unnecessary. Below are some different examples of prison classifications from around the world.

The categories of prisoners in descending order are:

Category A: prisoners are those whose escape would be highly dangerous to the public or national security.

Category B: prisoners are those who do not require maximum security, but for whom escape needs to be made very difficult.

Category C: prisoners are those who cannot be trusted in open conditions but who are unlikely to try to escape.

Category D: prisoners are those who can be reasonably trusted not to try to escape, and are given the privilege of an open prison.

The exact classification systems differ between county, state, and federal systems. Some common types of prisons include:

Supermax: As the name implies, the custody level goes beyond Maximum by segregating "the worst of the worst" in a prison system, such as terrorists deemed a threat to national security and inmates from other prisons who have a history of violent or other disruptive behavior in prison or are suspected of gang affiliation. This level is also used for non-terrorists who have been deemed too dangerous or too high-profile to ever be in a normal prison. These inmates have individual cells and are kept in lockdown for 23 hours per day. Meals are served through "chuck holes" in the cell door, and each inmate is permitted out of their cell for one hour of exercise per day, alone. They are normally permitted no contact with other inmates and are under constant surveillance via closed-circuit television cameras.

Administrative: Administrative security is a classification of prisons or detention centers that are for a specific purpose, such as housing mentally ill offenders. These range in levels of security from Minimum to Administrative Maximum Security (ADMAX).

Maximum: A custody level in which both design and construction as well as inmate classification reflect the need to provide maximum external and internal control and supervision of inmates primarily through the use of high security perimeters and extensive use of internal physical barriers and check points. Inmates accorded this status present serious escape risks or pose serious threats to themselves, to other inmates, to staff, or the orderly running of the institution. Supervision of inmates is direct and constant.


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High: The "Middle Ground" for violent crimes, High security institutions have highly-

secured perimeters multiple- and single-occupant cell housing, the highest staff-to-inmate ratio, and close control of inmate movement.

Medium: A custody level in which design and construction as well as inmate classification reflect the need to provide secure external and internal control and supervision of inmates. Inmates accorded to this status may present a moderate escape risk or may pose a threat to other inmates, staff, or the orderly running of the institution. Supervision remains constant and direct. Through an inmate's willingness to comply with institutional rules and regulations, increased job and program opportunities exist.

Close Security: Close Security prisons are institutions which house inmates too dangerous for Low Security, but who did not commit a crime worthy of incarceration in a Medium Security Facility. These prisons are rare, as most inmates fall into either "Medium" or "Low" Security Classifications. These facilities are often located in separate areas of a Low or Medium security Prison.

Low: A custody level in which both the design and construction as well as inmate classification reflect the goal of returning to the inmate a greater sense of personal responsibility and autonomy while still providing for supervision and monitoring of behavior and activity. Inmates within this security level are not considered a serious risk to the safety of staff, inmates or to the public. Program participation is mandated and geared toward their potential reintegration into the community. Additional access to the community is limited and under constant direct staff supervision

Minimum: The lowest level of security to which an inmate can be assigned directly. This type of prison is typically a "prison farm", or other work-oriented facility, and most often houses petty or "White-collar criminals."

Pre-release. A custody level in which both design and construction as well as inmate classification reflect the goal of restoring to the inmate maximum responsibility and control of their own behavior and actions prior to their release. Direct supervision of these inmates is not required, but intermittent observation may be appropriate under certain conditions. Inmates within this level may be permitted to access the community unescorted to participate in programming, including but not limited to work release or educational release.

SPECIAL TYPES OF PRISON JUVENILE

Prisons for juveniles (people under 17 or 18, depending on the jurisdiction) are known as young offender facilities or similar designation and hold minors who have been remanded into custody or serving sentence. Many countries have their own age of criminal responsibility in which children are deemed legally responsible for their actions for a crime. The concept of "minor" is not sharply defined in most jurisdictions. The ages


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of criminal responsibility and consent, the age at which attendance at school ceases to be obligatory, the age at which legally binding contracts can be entered into, and so on, may all be different.

In many countries, including Australia, India, Philippines, Brazil, Croatia and Colombia, a minor is defined as a person under the age of 18. In the United States, where the age of majority is set by the individual states, minor usually refers to someone under the age of 18, but can in some states be used in certain areas (such as gambling, gun ownership and the consuming of alcohol) to define someone under the age of 21. In the justice system in some places, "minor" is not entirely consistent, as a minor may be tried and punished for a crime either as a "juvenile" or, usually only for "extremely serious crimes" such as murder, as an "adult" .

SERVICES PROVIDED TO YOUTH

o Mental Health

There is a long-standing connection found in research between youth who commit crimes and mental health concerns. There has been found to be a surprisingly high population of juveniles who present serious mental health illness within juvenile facilities. Being that juvenile detention facilities operate on the foundation of rehabilitating the youth, different mental health programs are provided by facilities to help the youth rehabilitate. It is the expectation that juvenile detention centers and juvenile institutions provide mental health services to their residents. The incarcerated youth population requires careful and structured intervention, which must be provided by the facilities.

o Education

Education is seen by many as the cornerstone of youth rehabilitation..Green v. Johnson (1981) ruled that incarcerated students do not have to give up their rights to an education while incarcerated. Despite research stating the need for strong educational programs in juvenile detention facilities, there does not exist a uniform standard for education in juvenile facilities as education settings in juvenile facilities greatly vary across the country. The overseer of the school within the juvenile facility differs from state to state. Some schools within juvenile detention facilities are decentralized, some are centralized and run by school districts, and others are overseen by a State education agency.

MILITARY PRISON

Prisons form part of military systems, and are used variously to house prisoners of war,unlawful combatants, those whose freedom is deemed a national security risk by military or civilian authorities, and members of the military found guilty of a serious crime.


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A military prison is a prison operated by the military. Military prisons are used variously to

house prisoners of war, enemy combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members of the military found guilty of a

serious crime. Thus military prisons are of two types: penal, for punishing and attempting to reform criminals within the military, and confinement-oriented, where captured enemies are

confined for military reasons until hostilities cease.

POLITICAL PRISON

A political prisoner is ‘someone who is in prison because they have opposed or criticized the government of their own country’.

The term is used by persons or groups challenging the legitimacy of the detention of a prisoner. Supporters of the term define a political prisoner as someone who is imprisoned for his or her participation in political activity. If a political offense was not the official reason for detention, the term would imply that the detention was motivated by the prisoner's politics.

PSYCHIATRIC

Some psychiatric facilities have characteristics of prisons, particularly when confining patients who have committed a crime and are considered dangerous. In addition, many prisons have psychiatric units dedicated to housing offenders diagnosed with a wide variety of mental.

An Update on the Study on the Condition of Jailsand Correctional Institutions in the Country

Commission on Human RightsUniversal standards applicable to everyone have been established with respect to prohibitions that exist in national and international laws against any form of treatment or punishment which violates human rights or fundamental freedoms. Article 5 of the Universal Declaration of Human Rights provides that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The same principle embodied in the declaration was enforced and sustained with the adoption of the International Convention on the subject, entered into forced in 1987 by the UN


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Assembly. Article II of the 1987 Philippine Constitution specifically provides that the State values human dignity and guarantees full respect for human rights. This underscores that all persons are born with human dignity and inherent rights and that no one loses his dignity and these rights regardless of what he or she may have done. This policy of the state applies particularly to the treatment of prisoners and detainees under the correctional system they are in. Thus to ensure enforcement of this basic human rights policy, the Commission on Human Rights is mandated to “exercise visitorial powers over jails, prisons and detention facilities” as stipulated in the Philippine Constitution. Hence, the Commission using both national and international standards on the treatment of prisoners and detainees and in investigating and monitoring the conditions they are in conducts on regular basis the spot checking of conditions obtaining in the various correctional institutions/ facilities in the country.This report is a consolidation of the study on the conditions of jails and correctional institutions in the country undertaken in 1992, the reports on the regular visits undertaken by the regions over the years and the special visits in national penitentiaries conducted by the national office.

I. THE GENERAL STATE OF PHILIPPINE JAILS

Consistent with universal standards, the Philippine Government established its own national standards in reviewing its correctional system for prisoners/ detainees administered by the Department of Justice, the Bureau of Corrections and Bureau of Jails Management and Penology (BJMP) of the Department of Interior and Local Government. This correctional system consists of rehabilitation, and organized care and treatment program aimed at the promotion of the dignity of the confined persons in particular and the correctional community in general. Foremost, the provision of basic needs of prisoners is the prime factor to be fulfilled before any effective rehabilitation program can be committed and tackled. Though prisoners, they are still endowed with the same basic rights for human rights in common parlance are rights inherent in the nature of every individual without which he cannot live as a human being. By human standards, all accommodations provided for the use of inmates, particularly sleeping accommodations shall meet all requirements of health, with due regard to climactic conditions, particularly to cubic content of air, minimum floor space, lighting and ventilation. Further into the system is a comprehensive multi-disciplinary rehabilitation program aimed at the total human development of the inmates which cover education services, spiritual development, livelihood opportunity, enhancement and other welfare services inclusive of health and medical provisions.



During the past years that the CHR was monitoring conditions in jails and detention centers, majority of the facilities covered by the visits were found not fit for human confinement. It was observed and described as unlikely to rehabilitate, but certain to punish. Although this situation may solicit both approval and criticism. The inspections made by CHR regional offices revealed that more than 50% of the jails covered by the visits needed a gargantuan amount of reconditioning and restoration. The most common problem of prisoners/detainees was the insufficiency or lack of food provision due to the delay in release of food allotment and inadequate or unsanitary food preparation. In certain jails, food expenses were shouldered by police personnel and even relatives of inmates/detainees. It should be noted that the timeliness in the release of funds for the purpose’s of the essence to meet this basic need for survival. Another major problem is the prisoners/detainees’ shelter/living space. This refers to basic confinement areas where the prisoners live to complete their term. Their place of confinement has been a perennial problem for the prisoners/detainees. Inspectors encountered old, dilapidated, and congested buildings, no longer suited for human existence, defective comfort rooms resulting to unsanitary conditions, lack of sleeping paraphernalia and, undersized cells with poor ventilation and defective water system and even lack of potable water which is a basic source of life. A high percentage of jails also had poor lighting or no lighting facilities at all.Due to these old prevailing problems, inmates have easily acquire different kinds of diseases. Based on reports recently, there was a rampant spread of boils (pigsa) and diarrhea among the prisoners/detainees. The absence of sufficient medical supplies and laboratory facilities noted in the various prison further compound this sorry plight of prisoners/ detainees.Needing stricter observance and compliance are the constitutional guarantees for a person¹s rights and the national standards set by the BOC sets out premises for the prisoners/detainees rights. These rights are more often said to be illusory for the inmates. A number of inmates complained of various violations against their person. These include denial of the right to counsel and to speedy trial, illegal/arbitrary arrest/detention, torture, maltreatment/ physical injuries, sexual harassment/abuse against chastity as deprivations of right to basic services. Moreover, reports on inmates complaining that they are deprived of their right to a speedy trial is still much attendant to the present scenario. Other instances are—despite their long confinement, the court has not yet passed any final verdict yet due to slow disposition of cases by the courts and judges’ absenteeism among other reasons identified. There were also reports gathered that a number of inmates were stripped of their rights to a counsel due to the lack of it. More than a handful of detentions largely acknowledge the prisoner¹s right to be free from physical abuse and solitary confinement but the physical abuse the inmates’



encounter and endure is through the system of “mayores” or “gang-lordships” which is tolerated and condoned by prison guards and officials. As a result, interminable physical violence and deaths are deemed to be accepted in jails for they are condoned by the very officials who are expected to uphold and preserve their basic rights. This consequently makes the inmates¹ lives in constant danger rather than a safe place for rehabilitation.At the Death Row of the NBP and CIW, the Commission has monitored the dormitory to be overcrowded and poorly ventilated that cause the convicts to suffer from illnesses. It also found out that Leo Echegaray, the first person sentenced to death since the re-imposition of the death penalty was in solitary confinement, although this restriction was lifted upon legal representation.Conspicuously, the primordial factors obstructing the efficiency and effectiveness in the penal and rehabilitation administration are the sub-standard equipment and facilities, the shortage of manpower who have the expertise in dealing with inmates as men in uniform who crave for power capitalize on the vulnerable conditions of prisoners/detainees and the deficiency in budgetary allocations which are needed for the renovations and improvements of the physical structures.More or less, observations on conditions obtaining in jails were the aspect of education and opportunities. Educational services to inmates are to some extent, provided under the rehabilitation system. The BOC particularly, oversees three stages of learning: elementary, high school and college that also includes vocational courses. This enables inmates to obtain a college degree in courses offered by the prison school system in collaboration with accredited colleges and universities. Learning other work activities is another form of rehabilitation, thus, livelihood training programs are provided to equip them with certain skills. Inmates are very much encouraged to engage in livelihood projects to practice their skills and earn for themselves or even their families. Their right to exercise religious belief or practices is the most enjoyed right of the inmates.

II. NATIONAL PENITENTIARIES: A CLOSER VIEWIwahig Penal Colony

The Iwahig Penal Colony (IPC) located at Puerto Princesa City, Palawan, has 2,897 total population of prisoners. They are classified and distributed in the Central Colony and three (3) sub-colonies namely : the Inagawan, Montible, and Santa Lucia Sub- Colonies. Like the other colonies, IPC is classified into maximum, medium, and minimum securities. The most prevalent crimes committed by the prisoners are illegal fishing, illegal possession of firearms, rape, homicide and murder.



Most inmates particularly those in the medium and minimum security prison render their services to the colony and its employees. Some serve as household and medical care helpers without any compensation. Other prisoners work with compensation and divide themselves into ICAG or Inmates Community Assistance Group: they serve as the police of the colony or as a security within the colony; some work at the Industrial Section – they are makers of handicrafts and also involved in carpentry; and we have the General Services Section which are divided into maintenance section – they are those who are assigned in the maintenance of electricity and water supply; horticulture I – those who are in-charged of gardening; horticulture II – those who are in-charged with the production of fruit bearing trees; agronomy section I-II-III – those who are in-charged of the production of rice and the rice mill; salt-making section – those who are in-charged of the production of salt; soliman section – those who are in-charged in the fishponds; animal husbandry section – those who are in-charged of poultry, piggery, carabaos, cows and horses; transportation section – those who are in-charged of welding and repair of the vehicles of the Bureau; tractor post section – those who are in-charged of the maintenance of hand tractors for the use in the farm; and the balsahan section – those who are in-charged in the natural pools of the bureau and other tourist spots inside the colony.Problems identified by the prisoners were as follows: congestion or overcrowding, food provisions are inadequate for normal human daily requirements, absence of adequate conjugal visitation rooms especially for out of town conjugal visitors, opening of personal letters, not allowing them to sell handicrafts to visitors, sanitation especially on toilet facilities/water supply, absence of sanitary inspectors, inadequate beds/beddings/mosquito nets, medical facility is inadequately supplied and poorly equipped, inadequacy of funds especially for malarial control projects, absence of continuous health education training program for health attendants/nurses, absence of adequate isolation rooms for communicable diseases, inadequate fumigation for mosquitoes and its breeding grounds, absence of ambulance, violent cause of death is still prevalent and lack of communication equipments. With regard to human rights abuses committed against them, they have varied answers. Some are often beaten-up by some guards and fellow prisoners who are in-charge of the discipline whenever they violated prison rules and regulations. They are usually abused by giving them household workloads and ordered them that these workloads should be immediately done. And if they are not accomplished on time, there¹s a corresponding punishment for them. And the major problem and concern of the living out prisoners is their chance of being released through pardon or parole.With all the problems raised, there were suggestions and recommendations given. These are regionalization of Penal Institutions or improvement of rehabilitatory process;



to adequately improve budgetary allocations to effect: employment of more staff/personnel, improvement of drug/ supplies situation, and improvement of penal facilities, buildings, accommodation, communication facilities etc.; the CHR shall evaluate the synopsis of prison record of the inmates and recommends the same to the board of Pardons and Parole for possible grant of any form of Executive Clemency; the CHR shall also follow-up the status of the application for amnesty of the political prisoners¹ concern and conveyed the result therein to the concern inmates; and lastly there should be a concrete government program on the newly released prisoners to help them cope on their life after their term.

San Ramon Prison And Penal Farm

The San Ramon Prison And Penal Farm is at Zamboanga City. It was built around the year 1912. Its security compound is 1 hectare and its penal farm is about 600 hectares. as of May 20, 1997, there were 851 prisoners/ inmates housed in the penal colony in different security status – maximum, medium and minimum security.There were complete facilities and amenities that were being enjoyed by the inmates from administrative building to worship areas to entertainment building to medical infirmary and others. Their food are prepared by a private caterer at P22 a day per inmate. It is distributed by the form of rationing. Their major occupation is handicrafts making. Most of them were also working at the Agro-Industrial Section of the colony.They also have this Reception and Diagnostic Center and Disciplinary Cells. Those inmates who are placed under this center are those who are recently admitted in the colony and they undergone a 60 days orientation program to prepare them in facing the long period of incarceration. Then after that, they were distributed in their corresponding cells. While the Disciplinary Cell are for those who violated the prison rules and regulations.With regards to the problems they encountered, they¹re experiencing over-crowding living quarters; inadequate food for normal daily requirements; no designated place for conjugal visits; letters being opened; slow processing of amnesty application and others.Another problem that worry them most is the place to go after they¹re released. Some were already old, some have fear for the reprisals of their families and relatives, and no work to support themselves or nobody would accept them for employment because they¹re ex-convict.Recommendations such as evaluation of the synopsis of prison record and recommending the same to the Board of Pardons and Parole for possible grant of any form of Executive Clemency such as commutation of sentence, pardon (conditional) and parole; following-up of the status of the application for amnesty and conveyed the result



to the concern inmates; and a concrete government program on the newly released prisoners should be given attention.

Sablayan Prison And Penal Farm

The Sablayan Prison And Penal Farm (SPPF) is situated at Sablayan, Occidental Mindoro. It was established by President Ramon Magsaysay through Executive Order No.547 on January 14, 1954. And it was opened on the 26th of June 1954.At present, the SPPF have 909 colonists which were distributed/ divided into their different securities and sub-prisons, in a receiving station and in a special project. The following are the list of sub-prisons with its corresponding distributions of colonists:

a. Central Sub-Prison 570 colonistsb. Pasugui Sub-Prison 129 colonistsc. Siburan Sub-Prison 120 colonistsd. San Vicente De Prospero Sub-Prison 80 colonistse. Pusog Special Project 8 colonistsf. San Jose Receiving Station 2 colonists

Most colonists complained of rigorous working condition in the penal colony. They undergone massive farming and cultivation/ transformation of lands, breaking of stones, clearing of the area and cutting of forested lands. But proper discipline towards the colonists are just being enforced that¹s why they undergone these kind of work.They also complained of other problems such as lack of facilities for conjugal visits, very slow processing of their documents for executive clemency, and the distance from their family or love ones is a major source of anxiety and concern because they can¹t be visited easily. Scarcity of writing materials and the cost of mails in which the postage is almost a luxury for them are another aired problems. There were also lack of basic laboratories, facilities, x-ray facilities, both medical and dental, and lack of standard wards.On the other hand, at the SPPF, over crowding is not present. There¹s a very good over all sanitation and prospects for a more self-supporting colony as far as food and nutritional supplies are concerned. And there¹s a primary health care unit manned by two (2) doctors, a nurse, a pharmacist and a dentist. And there¹s also an on-site case hearing activity provided by a visiting judge with his full-court staff and the Public Attorney’s Office provides them with lawyers.Thus, SPPF is a well supervised colony. But still, the Assistance and Visitorial Office shall continue in reviewing the synopsis submitted by the inmates and get their records



directly from the officers in-charge. The Commission on Human Rights shall work together with the Bureau of Pardons and Parole and act together to follow-up the records of those inmates ready for signatures and approval of the President. And lastly, the commission shall continue with its Philippine Human Rights Plan for Prisoners/Inmates Sector to prevent abuse or maltreatment.

New Bilibid PrisonThe New Bilibid Prison is located at BuCor, Muntinlupa City.

Basic necessities of the prisoners such as electricity, fire radiation safety were generally satisfactory in condition, life saving medicines were available at the emergency room and water supply comes from several deep wells run by pumps. The buildings and wards were generally clean but it needs to be repainted for a better protection against inclement weathers. Inmates¹ food allocation per day is P20.00. There¹s also a non-formal, non-degree system of education for maximum prison inmates that includes functional literacy for 6 months; a vocational livelihood for 1-2 years for electronics, paper making, silk and commercial screening, etc.; and the CARPETA or Correctional Artist Reformed Prisoners Educational Theater Association, where painters, singers and the like improve on their talents, while for those in the medium security, there¹s a formal system of education that has a tie-up with the Perpetual Help College of Las Pi??from Elementary Level up to College. Recreational and spiritual provisions for inmates also exists with in the penitentiary.But nevertheless, common problems were still present at this security compound. Problems such as decongested prison cells e.g. 75 inmates per cell considering that it¹s good for only 35 inmates; very slow processing of papers with regards to the status of their request for executive clemency; and deficient water supply.Recommendation with regards to the fast processing of the prisoners’ request for executive clemency; all factors affecting healing and/or recovery should be improved, harmonized and focused for them; increased allocation per inmate per day; and providing them with proper ambulance shall be given enough attention.

Leyte Regional Prison

The Leyte Regional Prison (LRP) was created by virtue of P.D. No. 28 and was established on January 16, 1973 under Presidential Decree No. 1101. It is located in Brgy. Mahagna, Abuyog, Leyte some sixty-six (66) kilometers from Abuyog town proper. It is situated on a 861.66 hectares forested area on top of a mountain surrounded by



mountain ranges. It is also composed of two communities: the enclosed community and the open community. Prisoners who are in the enclosed community are those who belong to the medium and maximum security while prisoners who are in the minimum security belong to the open community.It was built to receive, confine, secure and rehabilitate convicted criminals classified as national prisoners whose sentences range from three (3) years and one (1) day imprisonment or above. Most prisoners came from Region VIII comprising the provinces in the islands of Samar, Leyte and Biliran.As of March 19, 1997 there are about nine hundred eighty (980) prisoners housed in this regional prison with 204 at the maximum security, 550 at the medium security and 226 at the minimum security prison.Prisoners within the prison compound are usually engaged in handicrafts while those who are living-out prisoners are engaged in farming and also in handicrafts making. Others are household helpers who received some simple tokens and small compensation.Problems identified at the LRP are as follows: living conditions in the medium and maximum barracks are below human standards with regards to shelter and facilities; food provisions are distributed by ration system at a budget of P20.00 per day per inmate; hospital facility is a dilapidated improvised building with make shift wooden beds and inadequately supplied with medicines and equipments; lacks nutritional facility and the services of a qualified nutritionist or dietitian; inadequate hygiene and sanitation installations; lacking of jail guards ideally 1 guard is to 6 prisoners; but presently it¹s 1:28) and sudden increase in 1996 mortality rate.More so, there were two kinds of abuses present at LRP. One is the maltreatment committed against the prisoners by the “mayores of the pangkat”. It is committed usually against those who violated the prison rules and regulations. It is inflicted through fist blows, use of “batuta”, withholding of food ration and suspension of privilege visits from inmates families, relatives and friends. Inmate violators are usually placed at the disciplinary cell for a certain period upon the discretion of the prison authorities through the mayores¹ recommendation. Another is the maltreatment inflicted by the prison authorities/employees against those living-out prisoners especially those who worked as household helpers. Small mistakes might even caused their life because of beatings or “pambubugbog”.The primary objectives and concerns of the visit are to evaluate the physical conditions of the penitentiary and the prisoners itself, the food and water provisions, the health and medical facilities and the system of access to available resources and facilities. So, with the problems that were identified necessary recommendations shall be provided to solve and lighten the burden.



B. EXECUTIVE LEVEL

1. Development of a concrete government program for the newly released prisoners to help them cope with their new life after their term.2. Complete staffing of Bureau of Corrections¹ personnel, particularly prison guards; and also the BJMP personnel in city and municipal jails to enable the Bureau to completely take over the management, supervision and control of all jails still manned by the PNP.3. Prompt and systematic release and disbursement of operational funds to city and municipal jails, particularly allotment for prisoners’ sustenance.4. Regular reporting and systematic monitoring of jail activities/ conditions to higher authorities to expedite speedy administrative, preventive, protective and other remedial measures.5. Construction of additional jails and immediate renovation of old/ dilapidated/ destroyed jails to solve congestion problems and lessen security risk.6. Acquisition of high technology equipment such as firearms, communication system, etc. for effective security control and monitoring of jail activities.7. Expansion and implementation of the education/ training/ work programs for all types of prisoners.8. Putting up of library facilities in all jails/ rehabilitation institution for use of prisoners are also recommended.

C. LEGISLATIVE LEVEL

1. Consolidation/ codification of all laws, guidelines, rules and regulations pertaining to penology and correction for purposes of establishing an integrated system of punishment and rehabilitation covering all levels, types or classification of prisoners/ detainees, as well as effective monitoring of all penal/ correctional institutes in the country.2. Establishment of Regional Prisons in Regions I, II, III, V, VIII, IX and X to decongest the New Bilibid Prison (NBP) other Penal Farms and provincial jails which are overcrowded as they also temporarily house national prisoners.3. Local policy measures for observance of international standards on the care, custody and treatment of prisoners, particularly in the area of prevention of torture and cruel and degrading punishment; food sustenance; living accommodations; and compulsory education for illiterate and youth prisoners.



4. Increase in budgetary allocations/ appropriations to effect employment of more staff/personnel; improvement of drug/ supplies situation; and improvement of penal facilities, buildings, accommodation, communication facilities etc..5. All factors affecting healing and/or recovery should be improved, harmonized and focused for the prisoners,6. Providing them with proper ambulance should be given enough attention.7. Fiscal provisions for higher compensation and other benefits of jail personnel that are just and commensurate to the kind of service and risk of exposure.8. Exemption from the Attrition Law (RA 7430) to enable the filling-up of vacancies for prison guards.

D. JUDICIARY LEVEL

1. Establishment of mobile or circuit courts in detention centers to facilitate the speedy disposition of cases.

BUREAU OF CORRECTIONS (PHILIPPINES)

The Bureau of Corrections or Kawanihan ng Koreksiyon) is an agency of

the Department of Justice which is charged with the custody and rehabilitation of

national offenders, who have been sentenced to three years ofimprisonment or more.

The agency has its headquarters in the New Bilibid PrisonReservation in Muntinlupa

City.

It is headed by Director Gaudencio S. Pangilinan and the bureau has 2,362 employees,

61% of whom are custodial officers, 33% are administrative personnel and 6% are

members of themedical staff.

It’s mission is to maximize the assets' value of the BuCor to effectively pursue its

responsibility in safely securing transforming national prisoners through responsive

rehabilitation programs managed by professional Correctional Officers.


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UNITS

The Bureau of Corrections currently have 7 operating units located nationwide:

The New Bilibid Prison in Muntinlupa City

The Correctional Institution for Women (CIW) in Mandaluyong City / and the

The CIW Mindanao, Panabo, Davao

Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan

Sablayan Prison and Penal Farm in Occidental Mindoro

San Ramon Prison and Penal Farm in Zamboanga City

Leyte Regional Prison in Abuyog, Leyte

Davao Prison and Penal Farm in Panabo, Davao

The Principal task of the Bureau of Corrections is the rehabilitation of National Prisoners.

The Bureau carries out the following task to carry out its mandate:

Confine persons convicted by the courts to serve a sentence in national

prisons.

Keep prisoners from committing crimes while in custody.

Provide humane treatment by supplying the inmates' basic needs and

implementing a variety of rehabilitation programs designed to change their

pattern of criminal or anti-social behavior.

Engage in agro-industrial projects for the purpose of developing prison lands

and resources into productive bases or profit centers, developing and

employing inmate manpower skills and labor, providing prisoners with a

source of income and augmenting the Bureau's yearly appropriations.

HISTORY

The Old Bilibid Prison which was located on Oroquieta Street in Manila was established

in 1847 and by aRoyal Decree formally opened on April 10, 1866. On August 21, 1870

the San Ramon Prison and Penal Farm was established in Zamboanga City for Muslim

and political prisoners opposed to the rule of Spain.

AMERICAN COLONY



The Bureau of Prisons was created under the Reorganization Act of 1905 as an agency

under the Department of Commerce and Police. The Reorganization Act also re-

established the San Ramon Prison in 1907 which was destroyed during the Spanish-

American War in 1888. The prison was placed under the Bureau of Prisons and receive

prisoners in Mindanao. The Correctional Institution for Women was founded on

November 27, 1929 and it is the one and only prison for women in thePhilippines.It was

established to the Act No. 3579. On January 21, 1932, the bureau opened the Davao

Penal Colony in Southern Mindanao. The New Bilibid Prison was established in 1935

in Mutinlupa due to the increased rate of prisoners. Proclamation No. 72 issued on

September 26, 1954, established the Sablayan Prison and Penal Farm in Occidental

Mindoro. and the Leyte Regional Prison was established on January 16, 1973, under

Proclamation No. 1101.

Philippines-The Correctional System

Philippines Index

In the late 1980s, institutions for the confinement of convicts and the detention of those awaiting trial included a variety of national prisons and penal farms as well as numerous small local jails and lockups. In general, the national prisons housed more serious offenders, and those serving short-term sentences were held in local facilities. The prison system at the national level was supervised by the Bureau of Prisons of the Department of Justice. The bureau was responsible for the safekeeping of prisoners and their rehabilitation through general and moral education and technical training in industry and agriculture. The bureau also oversaw the operation of prison agro-industries and the production of food commodities. In 1991 the newly formed Philippine National Police took over administration of local jails.

The government maintained six correctional institutions and penal farms. The nation's largest prison was the National Penitentiary at Muntinlupa, Rizal Province, near Manila, which also operated the Manila City Jail. The penitentiary served as the central facility for those sentenced to life imprisonment or long-term incarceration. It was divided into two camps to separate those serving maximum and minimum penalties. The Correctional Institution for Women was located in Metropolitan Manila. Combination prison and penal farms also were located in Zamboanga City, and in Palawan, Mindoro Occidental, and in several Mindanao provinces. Prison conditions in the Philippines were generally poor, and prison life was harsh.

Some prison inmates were eligible for parole and probation. Before serving their sentence, felons, who were not charged with subversion or insurgency, or had not been on probation before, could apply for probation. Probationers were required to meet with their parole officers monthly, to avoid any further offense, and to comply with all other court-imposed conditions. After serving an established minimum sentence, certain



prisoners could apply to their parole board for release. The board could also recommend pardon to the president for prisoners it believed to have reformed and who presented no menace to society.

IWAHIG PRISON AND PENAL FARM

Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan, Philippines is one of

seven operating units of the Bureau of Corrections under the Department of Justice.

The Spanish regime had earlier designated Puerto Princesa, Palawan as a place where

offenders sentencedto banishment were exiled, but the facility was established only

during the American occupation. GovernorLuke Wright authorized the establishment of a

penal colony in the province of Palawan on November 16, 1904. This penal settlement,

which originally comprised an area of 22 acres, served as a depository for prisoners who

could not be accommodated at the Bilibid Prison in Manila. A prison facility was created

by the Americanmilitary in the rain forest of Puerto Princesa. Lieutenant George Wolfe, a

member of the U.S. expeditionary force was the prison's first Director.

The Department of Commerce and Police moved the institution to the center of the

colony.The Philippine Commission of the United States government passed Act No.

1723 in 1907, classifying the settlement as a penal institution.



Escape attempts was the first problem that the colony experienced but because of the

efforts of Col. John R. White of the Philippine Constabulary, the settlement became a

successful colony. White became the superintendent of Iwahig in 1906. Vocational

activities were available which includes farming, fishing, forestry, and carpentry.

Prisoners were free to choose the vocational activities they wanted.

The Church inside Iwahig Prison & Penal Farm

LAND DISTRIBUTION

In 1955, President Ramon Magsaysay promulgated Administrative Order No. 20 which

allowed the distribution of colony lands for cultivation by deserving colonists. This was

implemented by the Secretary of Justice Pedro T. Tuazon.[1] and Agriculture and Natural

Resources Secretary Juan G. Rodriguez[3], who granted qualified colonist six hectares of

land.

President Carlos P. Romulo created a committee on August 16, 1959 to study the state

of national prisons. The prisoners in Iwahig were divided into two groups, settlers and

colonists. The settlers are prisoners whose applications for land to cultivate have been

approved. Tools, dwellings and beasts of burden were furnished by the government.

Expenditures incurred for their maintenance and for their families were reimbursed from



the products of their farms. Settlers receive any amount of money they have loaned after

the government deducts their obligations.

During that time, Iwahig was subdivided into four zones or districts: Central sub-colony

with an area of 14,700 hectares; Sta. Lucia with 9,685 hectares; Montible with 8,000

hectares and Inagawan with 13,000 hectares.

SABLAYAN PRISON AND PENAL FARM

The Sablayan Prison and Penal Farm is situated in Occidental Mindoro, Philippines. By the virtue of Presidential Proclamation no. 72, it was established on September 26, 1954.

Sprawled on a 16, 190-hectare land area, the Sablayan Prison and Penal Farm is one of the prisons nearer to Metro Manila.


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According to records and file, the Sablayan prison first housed colonists, employees and prisoners on January 15, 1955. Since its establishment, the prison is continuously improved through construction of several buildings, including dormitories, employee's quarter, guardhouse, schoolhouse, chapel, recreation hall and post exchange.

The Sablayan Prison and Penal Farm is also where prisoners from New Bilibid Prison are brought for decongestion purposes. It follows the same colony standards as other penal farms.

San Ramon Prison and Penal FarmSAN RAMON PRISON AND PENAL FARM



The San Ramon Prison and Penal Farm is situated in Zamboanga City, Philippines. It was established to house the Muslim rebels and prisoners opposing the Spanish leadership. The prison is right in front of the Jolo sea and is sprawled within a 1, 414-hectare property.

It was on August 21, 1869 when the San Ramon Prison and Penal Farm was built. Decades later, when the Americans took over the country, the Bureau of Prisons was created under the supervision of the Department of Commerce and Police.

Due to the havoc wreaked by the Spanish-American war, the penal farm was destroyed. In 1907, it was then re-established and started to house prisoners from Mindanao. By 1915, it was placed under the protection of the Bureau of Prisons.

Because of the establishment of the San Ramon Prison and Penal Farm, a barangay named after it, was also formed. At the present, the prison also attract many visitors and foreigners because of its beauty and breath-taking view.

DAVAO PRISON AND PENAL FARM



The Davao Prison and Penal Farm is the first and one of the oldest and most

recognized penal colonies in the Philippines. Located in Santo Tomas, Davao del Norte,

the penal colony is sprawled at the vast Tadeco Banana Plantation.

Formerly known as the Davao Penal Colony,the Davao Prison and Penal Farm was built

on January 21, 1932. It was established within a 5, 212-hectare of land and was

supervised by Bureau of Corrections and the Department of Justice.

The Bureau of Corrections, alongside with the Department of Justice is geared towards

the training and reformation of the prisoners. These two departments also aims to teach

the prisoners how to read, write, do jobs like carpentry, wood carving, barbering, basic

appliance repairing, plumbing, shoe making. By uplifting their literacy and awareness,

the prisoners will learn how to be responsible citizens especially when out of the prison.



To date, there are approximately 2,863 prisoners detained at the Davao Prison and

Penal. With them are around 187 jail guards and the colony's personnels.

JUVENILE DELIQUENCY

Juvenile delinquency, also known as juvenile offending, or youth crime, is participation in illegal behavior by minors (juveniles) (individuals younger than the statutory age of majority). Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers, and courts. A juvenile delinquent is a person who is typically under the age of 18 and commits an act that otherwise would have been charged as a crime if they were an adult. Depending on the type and severity of the offense committed, it is possible for persons under 18 to be charged and tried as adults.

In recent years, the average age for first arrest has dropped significantly, and younger boys and girls are committing crimes. Between 60-80% percent of adolescents, and pre-adolescents engage in some form of juvenile offense. These can range from status offenses (such as underage smoking), to property crimes and violent crimes. The percent of teens who offend is so high that it would seem to be a cause for worry. However, juvenile offending can be considered normative adolescent behavior. [2] This is because most teens tend to offend by committing non-violent crimes, only once or a few times, and only during adolescence. It is when adolescents offend repeatedly or violently that their offending is likely to continue beyond adolescence, and become increasingly violent. It is also likely that if this is the case, they began offending and displaying antisocial behavior even before reaching adolescence.

DEVELOPMENT OF JUVENILE DELIQUENCY

Nearly all cultures possess a transition phase from childhood into adulthood. As the world changed, so did the transition into adulthood. Whereas before, in most now industrialized countries, this transition ranged from brief to almost non-existent, it is now a significant part of a person's development. It is known now as adolescence. In fact the popular term "teenager" wasn’t coined until the '50s to describe this new group of people living through adolescence. It is believed that this new, drawn-out transition from childhood into adulthood that is common in the western world has left many adolescents in a sort-of limbo where they must seek to define their identity and place in the world, and delinquency may provide a way to do that.This is supported by the fact that crime is committed disproportionately by those aged between fifteen and twenty-five.However, contrary to popular belief it is highly rare for teenagers to become spontaneously



aggressive, antisocial or violent simply with the onset of adolescence. Also, although there is a high percentage of offending among all teenagers, the majority of offenses which violate the law are one-time occurrences and most often non-violent. Only about 5-10% of adolescents commit violent crimes. In the United States, one-third of all of suspects arrested for violent crimes are under eighteen.

The high rates of juvenile delinquency often receive great attention from the news media and politicians. The level, amounts, and types of delinquency are used by commentators as an indicator of the general state of morality and law and order in a country, and consequently juvenile delinquency can be a source of ‘moral panics’.

TYPES OF JUVENILE DELIQUENCY

Juvenile delinquency, or offending, can be separated into three categories: delinquency, crimes committed by minors which are dealt with by the juvenile courts and justice system; criminal behavior, crimes dealt with by the criminal justice system, and status offenses, offenses which are only classified as such because one is a minor, such as truancy, also dealt with by the juvenile courts.

According to the developmental research of Moffitt (2006), there are two different types of offenders that emerge in adolescence. One is the repeat offender, referred to as the life-course-persistent offender, who begins offending or showing antisocial/aggressive behavior in adolescence (or even childhood) and continues into adulthood; and the age specific offender, referred to as the adolescence-limited offender, for whom juvenile offending or delinquency begins and ends during their period of adolescence.Because most teenagers tend to show some form of antisocial, aggressive or delinquent behavior during adolescence, it important to account for these behaviors in childhood, in order to determine whether they will be life-course-persistent offenders, or adolescents-limited offenders. Although adolescent-limited offenders tend to drop all criminal activity once they enter adulthood, and show less pathology than life-course-persistent offenders, they still show more mental health, substance abuse, and finance problems, both in adolescence and adulthood, than those who were never delinquent.

SEX DIFFERENCES

Juvenile offending is disproportionately committed by young men. Feminist theorists and others have examined why this is the case. One suggestion is that ideas of masculinity may make young men more likely to offend. Being tough, powerful, aggressive, daring and competitive becomes a way for young men to assert and express their masculinity.Acting out these ideals may make young men more likely to engage in antisocial and criminal behavior.[ Also, the way young men are treated



by others, because of their masculinity, may reinforce aggressive traits and behaviors, and make them more susceptible to offending.

Alternatively, young men may actually be naturally more aggressive, daring and prone to risk-taking. According to a study led by Florida State University criminologist Kevin M. Beaver, adolescent males who possess a certain type of variation in a specific gene are more likely to flock to delinquent peers. The study, which appears in the September 2008 issue of the Journal of Genetic Psychology, is the first to establish a statistically significant association between an affinity for antisocial peer groups and a particular variation (called the 10-repeat allele) of the dopamine transporter gene (DAT1).

In recent years however, there has also been a bridging of the gap between sex differences concerning juvenile delinquency. While it is still more common for males to offend then females, the ratio of arrests by sex is one third of what it was 20 years ago (at 2.5 to 1 today). This is most likely due to the combined effects of more females being arrested (for offenses which did not get them arrested before), and a drop in male offenses.

RACIAL DIFFERENCES

There is also a significant skew in the racial statistics for juvenile offenders. When considering these statistics, which state that Blackand Latino teens are more likely to commit juvenile offenses it is important to keep the following in mind: poverty, or low socio-economic status are large predictors of low parental monitoring, harsh parenting, and association with deviant peer groups, all of which are in turn associated with juvenile offending. The majority of adolescents who live in poverty are racial minorities.Also, minorities who offend, even as adolescents, are more likely to be arrested and punished more harshly by the law if caught.Particularly concerning a non-violent crime and when compared to white adolescents. While poor minorities are more likely to commit violent crimes, one third of affluent teens report committing violent crimes.

Ethnic minority status (that is, experience as non- White) has been included as a risk factor of psychosocial maladaptation in several studies (e.g., Gutman et al. 2003; Sameroff et al. 1993; Dallaire et al. 2008), and represents a relative social disadvantage placed on these individuals. Though the relation between delinquency and race is complex and may be explained by other contextual risk variables (see, for example, Holmes et al. 2009), the total arrest rate for black juveniles aged 10–17 is more than twice that as of white juveniles (National Center for Juvenile Justice 2008)(p. 1474).

The two largest predictors of juvenile delinquency are



parenting style, with the two styles most likely to predict delinquency being

"permissive" parenting, characterized by a lack of consequence-based

discipline and encompassing two subtypes known as

"neglectful" parenting, characterized by a lack of monitoring and thus of

knowledge of the child's activities, and

"indulgent" parenting, characterized by affirmative enablement of

misbehavior)

"authoritarian" parenting, characterized by harsh discipline and refusal to

justify discipline on any basis other than "because I said so";

peer group association, particularly with antisocial peer groups, as is more likely when adolescents are left unsupervised.

Other factors that may lead a teenager into juvenile delinquency include, poor or low socio-economic status, poor school readiness/performance and/or failure, peer rejection, hyperactivity, or attention deficit disorder (ADHD). There may also be biological factors, such as high levels of serotonin, giving them a difficult temper and poor self-regulation, and a lower resting heart rate, which may lead to fearlessness. Most of these tend to be influenced by a mix of both genetic and environmental factors.

INDIVIDUAL RISK FACTORS

Individual psychological or behavioural risk factors that may make offending more likely include low intelligence, impulsiveness or the inability to delay gratification, aggression, empathy, and restlessness. Other risk factors which may be evident during childhood and adolescence include, aggressive or troublesome behavior, language delays or impairments, lack of emotional control (learning to control one's anger), and cruelty to animals.

Children with low intelligence are more likely to do badly in school. This may increase the chances of offending because low educational attainment, a low attachment to school, and low educational aspirations are all risk factors for offending in themselves. Children who perform poorly at school are also more likely to be truant, and the status offense of truancy is linked to further offending. Impulsiveness is seen by some as the key aspect of a child's personality that predicts offending. However, it is not clear whether these aspects of personality are a result of “deficits in the executive functions of the brain or a result of parental



influences or other social factors.In any event, studies of adolescent development show that teenagers are more prone to risk-taking, which may explain the high disproportionate rate of offending among adolescents.

CRIME THEORIES APPLICABLE TO JUVENILE DELIQUENCY

There are a multitude of different theories on the causes of crime, most if not all of are applicable to the causes of juvenile delinquency.

Rational choice

Classical criminology stresses that causes of crime lie within the individual offender, rather than in their external environment. For classicists, offenders are motivated by rational self-interest, and the importance of free will and personal responsibility is emphasised.Rational choice theory is the clearest example of this idea.

Social disorganization

Current positivist approaches generally focus on the culture. A type of criminological theory attributing variation in crime and delinquency over time and among territories to the absence or breakdown of communal institutions (e.g. family, school, church and social groups.) and communal relationships that traditionally encouraged cooperative relationships among people.

Strain

Strain theory is associated mainly with the work of Robert Merton. He felt that there are institutionalized paths to success in society. Strain theory holds that crime is caused by the difficulty those in poverty have in achieving socially valued goals by legitimate means. As those with, for instance, poor educational attainment have difficulty achieving wealth and status by securing well paid employment, they are more likely to use criminal means to obtain these goals. Merton's suggests five adaptations to this dilemma:

1. Innovation: individuals who accept socially approved goals, but not necessarily the socially approved means.

2. Retreatism: those who reject socially approved goals and the means for acquiring them.

3. Ritualism: those who buy into a system of socially approved means, but lose sight of the goals. Merton believed that drug users are in this category.

4. Conformity: those who conform to the system's means and goals.5. Rebellion: people who negate socially approved goals and means by

creating a new system of acceptable goals and means.



A difficulty with strain theory is that it does not explore why children of low-income families would have poor educational attainment in the first place. More importantly is the fact that much youth crime does not have an economic motivation. Strain theory fails to explain violent crime, the type of youth crime which causes most anxiety to the public.

Differential association

The theory of Differential association also deals with young people in a group context, and looks at how peer pressure and the existence of gangs could lead them into crime. It suggests young people are motivated to commit crimes by delinquent peers, and learn criminal skills from them. The diminished influence of peers after men marry has also been cited as a factor in desisting from offending. There is strong evidence that young people with criminal friends are more likely to commit crimes themselves . However it may be the case that offenders prefer to associate with one another, rather than delinquent peers causing someone to start offending. Furthermore there is the question of how the delinquent peer group became delinquent initially.

Labeling

Labeling theory states that once young people have been labeled as criminal they are more likely to offend. The idea is that once labelled as deviant a young person may accept that role, and be more likely to associate with others who have been similarly labelled. Labelling theorists say that male children from poor families are more likely to be labelled deviant, and that this may partially explain why there are more lower-class young male offenders.

Social control

Social control theory proposes that exploiting the process of socialization and social learning builds self-control and can reduce the inclination to indulge in behavior recognized as antisocial. The four types of control can help prevent juvenile delinquency are:

Direct: by which punishment is threatened or applied for wrongful behavior, and compliance is rewarded by parents, family, and authority figures. Internal: by which a youth refrains from delinquency through the conscience or superego. Indirect: by identification with those who influence behavior, say because his or her delinquent act might cause pain and disappointment to parents and others with whom he or she has close relationships. Control through needs satisfaction, i.e. if all an individual's needs are met, there is no point in criminal activity.



DESIGN GUIDELINE FOR JUVENILE DETENTION FACILITIES

Good facility design for juvenile detention should have as its core value the creation of spaces that will provide for effective intervention in the lives of youth. A design guidelinepublished by NAATAP (Native American and Alaskan Technical Assistance Project), outlines the process; from programming needs-analysis, to space planning, to the careful selection of furnishings.

The Guideline points out some specific programming and design attributes that are particularly relevant for tribal cultures, but aside from those references this document is predominately focused on explaining how juvenile facilities should be designed differently than adult detention facilities in order to produce more positive outcomes, and hopefully avoid escalation to more restrictive and costlier environments.

A section of the report goes into some detail about the importance of designing-in normative environments for juvenile populations as means of prompting resident cooperation and to prepare youth for a return to community living. Normative environments are marked by the following type of physical features:

movable furnishings that permit changing use of space throughout the day and over time while offering some control over the environment;*

sound absorbing materials that mitigate the often disruptive and disturbing noise usually generated by youthful populations living together;*

open interior spaces, views to the outside, and natural lighting that reduce perceptions of crowding;

ready access to outdoor spaces from housing and program areas so that the sense of confinement is minimized while program options are expanded;

light colors, decorative accents and changing decorations that contribute to spatial openness, add visual variety and permit some sense of personalization;

spatial variety throughout the day, with changing spatial scale and shapes that reflect those normally encountered in daily experience;

familiar and variable construction materials that present no overt expectation of damaging behavior, often a self-fulfilling prophecy; and

access to varying program activities at all times with appropriate space for residents to engage in satisfying formal and casual pursuits through daytime and evening hours so that residents and staff have options and no unproductive down time.


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EXISTING CORRECTIONAL FACILITIES ACROSS THE GLOBE

St. Lawrence Correctional, New York

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New St. Lawrence Correctional Facility



TWIN TOWERS CORRECTIONAL FACILITY, LOS ANGELES

THOMSON CORRECTIONAL CENTER, ILLINOIS



LYNWOOD CORRECTIONAL FACILITY, LOS ANGELES

CLINTON COUNTY CORRECTIONAL FACILITY, NEW YORK

MOUNTAINVIEW JUVENILE CORRECTIONAL FACILITY, NEW YORK



JUNEE CORRECTIONAL CENTRE, SYDNEY


159280131 correctional-case-study

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