MODULE 4

Learning Objectives:

1. Identify and appreciate the significant events during the Golden Age of penology, the industrial prison
movement, and the transition period
2. Define Jail, types of jails, and jurisdiction.
3. Differentiate the functions of Jail Bureau and general principles of Jail management

GOLDEN AGE OF PENOLOGY (1870-1880)

Significant Events During the Golden Age

1870 - The National Prison Association, now American Correctional Association, originated and its first annual
Congress was held in Cincinnati, Ohio. In this congress, the Association adopted a "Declaration of Principles", so
modern and comprehensive in scope that when it was revised in the prison Congress of 1933, few amendments
were made. Since its founding, the Association has held its annual congress of corrections and has taken active
leadership in reform movements in the field of crime prevention and treatment of offenders.

1872 - The first International Prison Congress was held in London. It was attended by representatives of the
governments of the United States and European countries, as a result of this congress, the International Penal
and Penitentiary Commission, an inter-governmental organization, was established in 1875 with headquarters at
the Hague. IPPC held international congresses every five years. (In 1950, the IPPC was dissolved and its functions
transferred to the Social Defense Section of the United Nations.

Elmira Reformatory, New York

Drill on the parade grounds at Elmira Reformatory (1876)

1876 - The Elmira Reformatory, which was considered ted forerunner of the modem penology, was opened in
Elmira, New York in 1876, the features of Elmira were a training school type of institutional program, social case-
work in the institution, and extensive use of parole.

The first separate institutions for women were established in Indiana and Massachusetts.

The reformatory system movement subdivided gradually following the opening of Elmira because of the
founder's lack of faith in the effectiveness of the program the defect of the system was laid on the lack of
attempt to study criminal behavior from which to base treatment. By 1910, it was generally conceded that the
reformatory system in the United States was a failure in practice. It was not until 1930 that the reformatory idea
was revived as the direct result of the revamp of the educational program of the Elmira Reformatory.

INDUSTRIAL PRISON MOVEMENT

This consisted operation of Industries Inside penal institutions in order to support the maintenance of
prisons, especially during the economic depression that hit the United States wherein almost every prison was
converted into a factory of manufacturing articles. Such prison-made articles were sold in an open market for
profit.

Male Prisoners Numbered Tread-Mill Female Convicts at work in Brixton Prison

PERIOD OF TRANSITION (1935-1960)

1. Alcatraz Also known as the "Rock", is a super-maximum security facility island prison for inmates in the
San Francisco Bay Area and part of the U.S. Bureau of Prisons until its closure.
When the “Rock" was built in 1934, it was seen as the answer to the outrages of such desperate
criminals as Al Capone, Robert Stroud ("Birdman of Alcatraz"), Bonnie, and Clyde. Eventually, the U.S.
Bureau of Prisons abandoned this prison as too expensive to maintain.
2. Lock Psychosis - Term denoting overconcentration of prison administrators with security and
community protection, to be accomplished through extensive use of locks, head counts, and internal
control of inmates.
3. Convict Bogey - Irrational fear of prison Inmates who can only be managed through head counts,
locking, and recounting.
 CLASSIFICATION MOVEMENT

The movement for modern correctional reforms started with the reorganization of the Federal
Prison System in 1930, placing the penal institutions of the United States under the centralized
jurisdiction of the Federal Bureau of Prisons, recruiting professionally trained and accentuating
Institutional rehabilitation programs.

After the Second World War, the US Southern states undertook progressive penal reforms, in
1944, the California Prisons System was recognized which included the establishment of the prison.
Penal Institutions were classified according to program specialization and degree of custody of inmates.

UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS

Adopted by the first U.N. Congress on the prevention of crime and the treatment of offenders
held at the Geneva in 1955, and approved by the Economic and Social Council organ of the United
Nations by its resolutions dated July 31, 1957, and May 13, 1977.

The Jail and the Bureau of Jail Management and Penology

Jail Defined

Are Institutions for the confinement of persons who are awaiting the final disposition of their
criminal cases and also the service of those convicted and punished with shorter sentences, usually up
to three (3) years.

Origin of Jail

The jail is said to have originated In Medieval England. When Henry II ordered that the sheriff in
each of the Institutions spread through England in 1166 originally conceived as a place for detaining
suspected offenders until they could be tried, jails eventually came to serve the dual purposes of
detention and punishment.

The concept of the English jail was brought to the colonies soon after the settlers arrived from
the Old World, the jail was used to detain those awaiting trial and those awaiting punishment; the
stocks and pillory and the whipping post were located nearby.

At the start of the nineteenth century, children, debtors, slaves, mentally ill, and physically ill
were usually sent to other institutions, both pre-trial and began to be housed in jails.

Types of Jails in general

1. Lock-up – a secure facility for the temporary detention of persons held for investigation or waiting for
the preliminary hearing.
2. Ordinary Jail - houses both offenders awaiting court action and those serving short sentences usually up
to three (3) years.
3. Work Houses- jail farm or Camp-houses minimum custody offenders serving short sentences with
constructive work programs.
Types of Jail based on inmates’ population

1. Type A - with populations of 100 inmates or more

2. Type B - with populations of 21-90 inmates
3. Type C - with populations of 20 Inmates or less

Types of Jail based on its Jurisdiction

1. Municipal Jail
2. City Jail
3. District Jail
4. Provincial Jail

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

(The Jail Bureau)

The Bureau of Jail Management and Penology also referred to as the Jail Bureau was created
pursuant to Section 60, RA 6975, and initially consists of uniformed officers and members of the Jail
Management and Penology Service as constituted under PD 765.

Brief Origin of BJMP

On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic Act
6975 as a line Bureau under the Department of Interior and Local Government. The Jail Bureau is the
upgraded version of its forerunner, the Office of Jail Management and Penology of the defunct
Philippine Constabulary - Integrated National Police (PC-INP)

As mandated by RA 6975, the BJMP shall operate under the reorganized Department of the
Interior and Local Government (DILG).

Starting from scratch with 500 personnel in 1991 the BJMP weaned from its mother PC/INP as a
mere component to become a full-fledge bureau. Director Charles S. Mondejar took his oath of office on
July 1 of 1991 as the first Chief of the BJMP

The Bureau of Jail Management and Penology supervises and controls all district, city, and
municipal jails nationwide.

The mission of the Bureau, the Jail Bureau shall direct, supervise, and control the administration
and operation of all district, city, and municipal jails to affect a better system of jail management
nationwide.

Powers of the Jail Bureau

The Jail Bureau shall exercise supervision and control overall district, city, and municipal jails to
ensure: a secured, clean, sanitary, and equipped jail for the custody and safekeeping of city and
municipal prisoners, any fugitive from justice, or persons detained awaiting investigation or trial and/or
transfer to the National Penitentiary, and any violent, mentally ill person who endangers himself or the
safety of others.
Functions of the Jail Bureau

• Formulate policies and guidelines on the administration of all district and municipal jails nationwide.
• Formulate and implement policies for the programs of correction, rehabilitation, and treatment of
offenders.
• Plan and program funds for the subsistence allowances of offenders; and Conduct research, develop,
and implement plans and programs for the improvement of jail services throughout the country.

Organization of BJMP under RA 6975

The Jail Bureau shall be headed by a Chief who shall be assisted by a Deputy Chief

The Jail Bureau shall be composed of city and municipal jails, each headed by a city or municipal
jail warden: Provided that in the case of large cities municipalities, a district jail with subordinate jails
headed by a District Jail Warden may be established as necessary.

Organization and Key positions of the BJMP under RA 9263

The BJMP shall be headed by a Chief who shall be assisted by two (2) deputy chiefs, one (1) for
administration and one (1) for operation, all of whom shall be appointed by the President upon the
recommendation of the Secretary of DILG from among the qualified officers with at least the rank of
Senior jail superintendent.

Notes:

• In no case shall any officer who has retired or be retired within six (6) months from his/her compulsory
retirement age be appointed as Chief of Jail Bureau.
• The chief of the Jail Bureau shall serve a tour of duty not to exceed four (4) years.
• BJMP is under the Department of Interior and Local Government

GENERAL PRINCIPLES OF JAIL MANAGEMENT

1. It is the obligation of jail authorities to confine inmates safely and provide rehabilitative programs that
will negate criminal tendencies, and restore their positive values to make them productive and law-
abiding citizens.
2. No procedure or system of correction shall deprive any inmate of hope for his ultimate return to the fold
of the law and full membership in society.
3. Unless proven, otherwise, any person accused of a criminal offense shall be presumed innocent and his
rights as a free citizen shall be respected, except for indispensable restraints during his confinement in
the interest of justice and public safety.
4. Inmates are human beings entitled to the same basic rights and privileges enjoyed by citizens in a free
society, except that the exercise of these rights is limited or controlled for security reasons.

Note: Under the recent ruling of the COMELEC, detainees are allowed to exercise their right to vote.

5. Health preservation and prompt treatment of illness or injury are basic rights of every person confined
in jail. It is the duty of the jail authorities to arrange for their treatment subject to security measures.
6. Members of the custodian force shall set themselves as an example by performing their duties in
accordance with the rules and shall respect the laws duly constituted authorities.
 7. No jail personnel shall use abusive, insulting, or indecent language on inmates.
8. No jail personnel shall use unnecessary force on inmates, except legitimate set defense or in cases of
attempted active passive physical resistance to lawful order
9. No penalty shall be imposed upon any inmate for violation of rules/regulations unless in accordance
with the duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading. No physical punishment shall be
employed as a correctional measure.
11. Members of the custodial force must understand that inmates need treatment and counseling and that
the primary purpose of confinement is for safekeeping and rehabilitation.
12. When conducting routine custodial (in the dormitory compound) guarding ratio of 17 or one (1) guard
for every seven (7) inmates shall be observed.
13. When an inmate is in transit the ratio of 1: 1+1 for every inmate shall be observed In case of high-risk
inmates that demand extra precaution, additional guards shall be employed. This manning level shall be
national in scope for effective jail administration in all regional, provincial, district, city, and municipal
jails.

JAIL POSITIONS AND CORRESPONDING RANKS RANK (under RA 6975)

POSITION RANK (Under RA 6975) RANK (Under RA 9263)

1. Municipal Jail Warden Senior Jail Inspector Senior Jail Inspector
2. City Jail Warden Senior Jail Inspector Chief Jail Inspector
3. District Jail Warden Chief Jail Inspector Jail Superintendent
4. Provincial Jail Jail Superintendent Jail Superintendent
Administration
5. Asst. Regional Director Jail Superintendent
for Administration
6. Asst. Regional Director Jail Superintendent
for Operation
7. Regional Chief of Jail Superintendent
Directorial Staff
8. Regional Director of At least Jail Superintendent
JMP
9. Director of the At least Jail Superintendent
Directorate of National
Headquarters Office
10. Deputy Chief for Chief Jail Superintendent
Administration of the
Jail Bureau
11. Deputy Chief for Chief Jail Superintendent
Operation of the Jail
Bureau
12. Chief of the Directorial Chief Jail Superintendent
Staff of the Jail Bureau
13. Chief of the Jail Bureau Jail Director Jail Director