Non-Institutional Based Correction Programs

Amnesty

Definition – An official pardon for people who have been convicted of political offenses.
Concept - The concept of amnesty and its place in human rights discourse. Amnesty allows the
government of a nation or state to “forget” criminal acts, usually before prosecution has occurred.
Rationale – Amnesty focused on preventing and ending grave abuses of the rights to physical and mental
integrity, freedom of conscience and expression, and freedom of discrimination, within the context of its
work to promote all human rights.
Effects – A pardon extended by the government to a group or class of people, usually for a political
offense; the act of a sovereign power officially forgiving certain classes of people who are subject to trial
but have not yet been convicted.
Limitations – Those who have promoted, maintained or headed a rebellion or insurrection or who, while
holding public office or employment, took part therein, engaged in war against the government, destroyed
property or committed serious violence, exacted contributions or diverted public funds from the lawful
purpose for which they have been appropriated; provided, that persons who have been arrested and/or
charged with having merely participated or executed the commands of others in a rebellion may be
granted amnesty.
Conditions –
(a) If under arrest or charged as of the date of this decree, he must submit this application not later than
September 30, 1978 in the prescribed form hereto attached as Annex A;
If not under arrest, he must submit such application within six months after his arrest or surrender;
(b) He must renew his oath of allegiance to the Republic of the Philippines and swear or affirm to support
and defend the Constitution of the Philippines; and
(c) He must surrender whatever unlicensed firearms and/or explosives and ammunition he may have in
his possession.
Pardon
Pardon

Definition - A pardon is a government decision to allow a person to be absolved of guilt for an alleged
crime or other legal offense, as if the act never occurred. The pardon may be granted before or after
conviction for the crime, depending on the laws of the jurisdiction.
Concept - A pardon may be granted under the executive powers of a governor or the President. By
granting a convicted person a pardon, the conviction is eradicated from the records, the person is freed
from further punishments and penalties, and may not be retried for the same offense.
Rationale - The development of the use of the pardon power reflects its several purposes. One purpose is
to temper justice with mercy in appropriate cases, and to do justice if new or mitigating evidence comes
to bear on a person who may have been wrongfully convicted.
Effects - A pardon is an executive action that sets aside punishment for a crime[i]. However, when a
person receives a pardon, it does not show that the person was not convicted of a crime. Pardons just
eliminate the further effect of having been convicted. ... A pardon restores the offender all of his/her civil
rights.
Limitations - The power to pardon is one of the least limited powers granted to the President in the
Constitution. The only limits mentioned in the Constitution are that pardons are limited to offenses
against the United States (i.e., not civil or state cases), and that they cannot affect an impeachment
process.
Probation

Definition - the release of an offender from detention, subject to a period of good behavior under
supervision.
Concept - Probation in criminal law is a period of supervision over an offender, ordered by the court
instead of serving time in prison.
Rationale - The purpose of probation is to deter further criminal behavior, punish the offender, help
provide reparation to crime victims and their communities, and provide offenders with opportunities for
rehabilitation.
Effects - Probation provides many offenders, especially drug offenders or other low-risk individuals, an
alternative to incarceration. Families can remain together, and parents can work and remain a stable
presence in their households. The probation department can work to rehabilitate the offender through a
variety of social services, such as drug or alcohol treatment or life skills classes. Victims may be the ones
most personally affected by the actions of criminals. Victims can be involved throughout the court
process, attend proceedings and provide input before and at sentencing. Probation holds offenders
accountable for their behavior by charging them with the responsibility of paying restitution as part of
their rehabilitation.
Limitations –

(a) Sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) Who have previously been convicted by final judgment of an offense punished by imprisonment of not
less than one month and one day and/or a fine of not less than Two Hundred Pesos;

(d) Who have been once on probation under the provisions of this Decree; and

(e) Who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
 Parole

Definition - The release of a prisoner temporarily (for a special purpose) or permanently before the
completion of a sentence, on the promise of good behavior.
Concept - A conditional release from incarceration during which a prisoner promises to heed certain
conditions (usually set by a parole board) and submits to the supervision of a parole officer. ... "Parole is a
supervised release from incarceration prior to the termination of sentence.
Rationale - Parole has a three-fold purpose: (1) through the assistance of the United States Probation
Officer, a parolee may obtain help with problems concerning employment, residence, finances, or other
personal problems which often trouble a person trying to adjust to life upon release from prison; (2)
parole protects society because it helps former prisoners get established in the community and thus
prevents many situations in which they might commit a new offense; and (3) parole prevents needless
imprisonment of those who are not likely to commit further crime and who meet the criteria for parole.
While in the community, supervision will be oriented toward reintegrating the offender as a productive
member of society.
Effects - Parole does not eliminate the crime or forgive the offender. Parole is not an act of clemency, but
a penological measure for the disciplinary treatment of prisoners who seem capable of rehabilitation
outside of prison walls. It does not set aside or affect the sentence.
Limitations/Conditions –
 Reporting in person with a parole officer regularly
 Remaining within a certain defined area
 Obtaining permission before changing employment or residence
 Maintaining steady employment
 Participating in socially acceptable, non-threatening activities
 Completing monthly written reports
 Reporting any instances of arrest, within 24 hours of the arrest
 Abstaining from alcohol and drugs
 Abiding by state and local laws, and other written provisions
 Submitting to searches of a residence, vehicle, or person at any given time by parole officers
 Sex offenders must register under a police registry and are not allowed to live with persons under
18 years of age

Restitution

Definition - the restoration of something lost or stolen to its proper owner or recompense for injury or
loss.

Concept - The term "restitution" in the criminal justice system means payment by an offender to the
victim for the harm caused by the offender's wrongful acts. Courts have the authority to order convicted
offenders to pay restitution to victims as part of their sentences.
Effects - As in cases where the victim receives crime victim compensation and court-ordered restitution,
victims cannot collect twice for the same loss. Usually a civil judgment is decreased by the amount
of restitution that the victim has already received for a loss.
Rationale - Contemporary criminal restitution is what is known as sui generis (i.e., legally unique),
serving both civil and criminal law goals. It serves the remedial purpose of compelling offenders to
compensate victims for their losses and it serves the penological purposes of deterrence, rehabilitation,
and accountability.

Limitations - In cases that do have statutes of limitations, the affected party only has a certain amount of
time in order to bring forth a lawsuit against the party that caused him or her damages. If this statute
passes, the defendant can raise the defense of the statute of limitations and the court should dismiss the
action.

Reprieve

Definition - Cancel or postpone the punishment of (someone, especially someone condemned to death) or
a cancellation or postponement of a punishment.

Concept - an official order to delay or stop a prisoner’s punishment, esp. the punishment of death.

Rationale - A reprieve is the commutation or lessening of a sentence already imposed; it does not affect
the legal guilt of a person. It cannot, however, be granted before an offense has been committed, which
would give the President the power to waive the laws.

Effects - To provide something or someone with an escape from

Limitations - The only limits mentioned in the Constitution are that pardons are limited to offenses
against the United States (i.e., not civil or state cases), and that they cannot affect an impeachment
process. A reprieve is the commutation or lessening of a sentence already imposed; it does not affect the
legal guilt of a person.

Commutation of Sentence

Definition - In law, a commutation is the substitution of a lesser penalty for that given after a conviction
for a crime. The penalty can be lessened in severity, in duration, or both.

Concept - A commutation of sentence is a reduction in sentence. In a commutation of sentence, a person

Rationale - Commutation is a form of clemency that reduces the punishment for a crime. It usually takes
the form of a reduced (“commuted”) prison term, but can also reduce court-ordered fines. A commuted
sentence replaces the original, court-ordered sentence.

Effects - A commutation is a reduction of sentence for a person who is currently incarcerated.

Limitations - For example, someone convicted of capital murder may have their sentence of death
commuted to life imprisonment, a lessening of the punishment that does not affect the underlying criminal
conviction, as may occur on a discretionary basis or following upon a change in the law or judicial ruling
that limits or eliminates the death penalty.[4]

Diversion

Definition - A diversion program in the criminal justice system is a form of sentence in which
the criminal offender joins a rehabilitation program, which will help remedy the behavior leading to the
original arrest, and avoid conviction and a criminal record.
Concept - In the context of criminal law, diversion refers to diverting a defendant out if the criminal
justice system by having them complete a diversion program rather than be incarcerated or serve another
alternative sentence.
Rationale - For the offender, the main goal of diversion is rehabilitation. Diversion programs provide
offenders with essential services that can address the underlying causes of criminal behavior, such as
alcohol and drug abuse. ... Diversion can also be less costly than other criminal justice processing.
Effects - Diversion can also occur after formal admittance to the criminal justice system, even after
conviction. Once convicted the offender faces the bench for sentencing. ... Instead, they will likely be
considered for a form of diversion, either probation or, in the case of nonviolent crimes, restitution or
community service.