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Parole is just like conditional
pardon. It refers to the
conditional release of a convict PAROL from a correctional institution after he serves a minimum term E of his prison sentence. It does not have the effect of extinguishing the criminal liability of the convict. Parole is also described as a method of selective releasing an offender from institution prior to completion of his maximum sentence, subject to conditions specified by paroling authority. 1. The government extends the convicts a Principles privilege by releasing of Parole them from prison before their full sentence is served. 2. The government enters a release Principles contract with the of Parole convicts in exchange for their promise to abide by certain conditions. 3. Convicts who violate the law or Principles conditions of parole of Parole can be returned to prison to complete their sentences. 4. The government Principles retains control of parolees until they are of Parole dismissed from parole. Refers to the institutional record of an inmate which consist of the mittimus or commitment order issued by the court after conviction, the Carpeta prosecutor’s information and the decision of the trial court and appellate court, if any; certificate of non-appeal, certificate of detention, and other pertinent documents of the case. Refers to the Parole supervision/surveillance by Supervision probation and parole Officer of a parolee. Release Document- refers to the “Discharge on Parole” issued by the Board of Pardons and Parole. Captain Alexander Maconochie - In 1840, he was appointed governor of the notorious English penal colony at Norfolk Island off the coast of Australia. - He initiated a “mark system” where a convict could earn freedom by hard work and good behavior in the prison. Captain Alexander Maconochie - The earned marks could be used to purchased their goods or a reduction in sentence. Prisoners had to pass through a series of stages beginning with strict imprisonment through conditional release to final freedom. Movement through the stages was dependent upon the number of marks accredited. Sir Walter Crofton - He believed the length of the sentence should not be an arbitrary period of time but should be related to the rehabilitation of the offender. After becoming the administrator of the Irish Prison System in 1854, Crofton initiated a system incorporating three classes of servitude. Irish system permitted convicts to earn marks to move from solitary confinement to a return to the community on a conditional pardon Zebulon Reed Brockway - A Michigan penologist, is usually credited with initiating indeterminate sentences and parole release in the United States. - He had the opportunity to pioneer into practice in 1876 when he was appointed superintendent of Elmira Reformatory for youthful offender in New York. Zebulon Reed Brockway - The major concepts underlying parole were in place in the United States: (1) reduction in the sentence of incarceration based on good behavior in prison; (2) supervision of the parolee in the community: and (3) indeterminate sentences. By 1901, twenty states had parole statutes and by 1944, every jurisdiction in the United States had some form of parole release and indeterminate sentencing. Person Qualified for Parole A prisoner is qualified for parole once the inmate had served the minimum sentence, less GCTA earned, of his indeterminate prison sentence the maximum period of which exceeds one year. Person Disqualified for Parole a. Those convicted of offenses punished with death penalty of life imprisonment. b. Those convicted of treason, conspiracy or proposal to commit treason or espionage c. Those convicted of misprision treason, rebellion, sedition, coup d’ etat. Person Disqualified for Parole d. Those convicted of conspiracy, mutiny on the high seas or Philippine waters. e. Those who are habitual delinquents. f. Those who are escaped from confinement. g. Those who having been granted conditional pardon by the president of the Philippines shall have violated any of the term thereof. Person Disqualified for Parole h. Those whose maximum term of imprisonment does not exceed one year or those definite sentence. i. Those who are convicted of the laws on terrorism, plunder and transnational crimes. Eligibility for Review of a Parole Case:
1. Inmate is serving an indeterminate sentence
the maximum period of which exceeds one year. 2. Inmate has served the minimum period of the indeterminate sentence. 3. Inmate’s conviction is final and executory. Consideration for the grant of parole: 1. Evidence that the petitioner will find legitimate source of livelihood upon release. 2. Petitioner has a place to establish residence. 3. Availability of after-care services for old, seriously ill or physically disabled petitioner. Special Consideration for the grant of parole: 1. Old age, provided the inmate is below 60 years of age when crime is committed. 2. Physically disability, provided that physical disability is not present when the crime was committed. 3. Serious illness duly certified by a government physician. Special Consideration for the grant of parole: 1. Old age, provided the inmate is below 60 years of age when crime is committed. 2. Physically disability, provided that physical disability is not present when the crime was committed. 3. Serious illness duly certified by a government physician. 4. Similar circumstances which show that the continued imprisonment will be inhuman or will pose grave danger to the life of the petitioner. PROCEDUR E Review upon the petition or motupropio: forms and contents of the petition: a. That the petitioner’s ONE case is eligible for review by the band. b. That he is not disqualified from being granted parole. Transmittal of Carpeta and prison record by the Director TWO of BuCor or warden at least one month prior to the date when his case shall be eligible for review. Publication of names of prisoners being considered for parole in a new paper of general circulation of those THREE convicted of heinous crimes or those sentenced to reclusion perpetua or life imprisonment and whose sentence has been commuted for release on parole. Notice to offended party or his immediate relatives, personally of by registered mail and given by 30 days FOUR from notice within which to communicate their comment to the board regarding the contemplated grant of parole to the prisoner. Basic Guidelines for the Grant of Parole The Board may grant a prisoner parole based on reports regarding the prisoner’s work and conduct and on the study and investigation by the board itself and its find the following circumstances are:
1. the prisoner is fitted by his training for
release. 2. That there is reasonable probability that. If released, he will live and remain in liberty without violating the law.
3. that is release will not be incompatible
with welfare of the society. Rules after grant of Parole 1. Transfer of Residence- a parolee may not be transfer from one place of residence designated in his release document without the prior written approval of the regional director subject to confirmation of the board. 2. Outside Travel- the chief PPO may authorize a parolee to travel outside his area operational jurisdiction for a period of not more than 30 days. A travel for more than 30 days shall be approved by the regional director. 3. Travel abroad or work abroad- any parolee under active supervision or surveillance who has no pending criminal case in any court may apply for overseas work or travel abroad. However, such application for travel abroad shall be approved by the Administrator and confirmed by the board. 4. Death of the Parolee- if the parolee dies during the parole supervision, the PPO sha immediately transmit a certified true copy of the parolee’s death certificate to the board recommending the closing of the case: NOTE: absence of death certificate of the parolee, an affidavit narrating the circumstances of the fact of the death from the barangay chairman or any authorized officer or any immediate relative where the parolee resided. Reports to be accomplished by the Supervising PPO 1. Progress report- when a parolee commits another offense during the period of his parole supervision and the case filed against him has not yet been decided by the court or on the conduct of the parolee while under supervision. 2. Infraction report- when the parolee has been subsequently convicted of another crime. 3. Violation report- when the parolee commits any violation of the terms and conditions appearing in his Release Document or any serious deviation or non-observance of the obligations set forth in the parole supervision program. 4. Summary report- after the expiration of the maximum sentence of a parolee, the PPO concerned shall submit to the board, through the chief probation and parole officer, a summary report on his supervision of parole. Termination of Parole Supervision • Certificate of Final release and Discharge- upon the receipt of the summary report, the Board shall, upon the recommendation of the Chief Probation And Parole officer that the parolee ha substantially complied with all the conditions of his release document, issue to the parolee a certificate of final release and discharge. • Effect of Certificate of Final release and Discharge- upon the issuance of certificate of final release and discharge, the parolee shall be finally released and discharge from the conditions appearing in his release document. NOTE: The accessory penalties of the law which have not been expressly remitted therein shall subsist. • Transmittal of certificate of final release and discharge- the board shall forward a certified true copy of final release and discharge to the parolee, the court which imposed the sentence, the PPO concerned, the BuCor, NBI, PNP and the office of the President. 1. Petition, contents and endorsements 2. Time and form of application 3. Transmittal of carpeta and prison record