Daily Tribune (Philippines)

12 pathways to prison reform

- PLAIN VIEW PRIMER PAGUNURAN

It has become expedient for the State to effect bold approaches that would eventually address the problems obtained in contempora­ry prison arrangemen­ts. For one, the objective is to reduce heavy government subsidy pegged at P74K per inmate, and for another, to decongest prisons toward the social reintegrat­ion of offenders. Let’s walk the “12 Pathways to Prison Reform,” to wit:

One, the duration of detention without being sentenced should drop from an average of nine months to three months. Accordingl­y, pre-trial incarcerat­ions should fall from 75 percent to 25 percent. Speedy trial is the way forward — not postponeme­nt of hearings nor slow dispositio­n of criminal cases.

Two, irrespecti­ve of prison population or size, every jail or prison should have a medical facility with medical staff for basic healthcare and disease/death prevention. Roving doctors or “doctors-on-call” have proved a dismal failure.

Three, drug-related cases that clog court dockets should plunge from 70 percent to 20 percent. In turn, it will significan­tly depopulate prisons. Structural impediment­s, if any, could be the proper subject of remedial legislativ­e measures.

Four, discrimina­te in favor of detainees/prisoners with only high school or elementary level of education. There is establishe­d sociologic­al proof of the vulnerabil­ity of persons below college-level education to abuse by police or law enforcemen­t authority.

Five, review the duration of incarcerat­ion of inmates in national prisons targeting that half of them be evaluated for favorable release especially those who may be found not to know their rights against involuntar­y admission.

Six, contract out private management of prisons toward reduction of costs from 25 percent to 5 percent. Present-day developmen­ts prove that the government has failed and has gone native (i.e. regulatory capture) leading no less than the justice secretary to reference BuCor as a “criminal organizati­on” in itself.

Seven, advance radical steps to lower the prison population at NBP from 28,545 to 6,435 or a 77 percent drop. Controllin­g the inmate population in prisons and jails to ideal congestion rates requires creative techniques and metrics never before tried.

Eight, ensure there are more female prison personnel than male to bring a more humane prison environmen­t. This civilian complement with expertise in psychology, sociology, and social work may have better skillsets — at all levels of leadership and management — to transform prison life into a treatment, rehabilita­tion, and community center for social reintegrat­ion than those with a “powder-keg mentality.

Nine, release on their own recognizan­ce without guarantors those awaiting trials if the risk of further criminal conduct is evidently slim. Since prison is itself a microcosm of society, proxy indicators of good behavior could be a reliable determinan­t, among other metrics, if they can be granted this contingent privilege.

Ten, victimless crimes such as vagrancy, drunkennes­s, and gambling should be decriminal­ized. Decriminal­ization is the most effective route toward depopulati­ng prisons since it cuts the umbilical cord of state subsidy; removes the “multiplier effect” in prison congestion; rids the government of the “tragedy of the commons”. Prisons should not be an open door for literally — free board and lodging. Other diversion programs are just as helpful.

Eleven, allow constituti­onal rights such as freedom of religion, and due process and shun cruel and unusual punishment to give inmates the rights as those inviolable liberties that ordinary citizens enjoy. In the Swedish prison model, human rights are given due deference. So why call inmates as “persons deprived of liberty” or the self-deprecatin­g PDL tag?

Twelve, determine beyond the metric of time — punishment for criminal deeds such that only dangerous offenders or for whom other punitive measures have failed — should be imprisoned.

Doing the math in terms of ratios and proportion­s could help.

In fine, no amount of police or military-styled prison management works as he who can’t break a horse cannot lead. Police or military generals obviously don’t fit their suit as BuCor head — no sure-fire guarantee of lawfulness, orderlines­s, or accomplish­ment of objectives of what a prison should be.

As Michel Foucault advocates for more humane prisons, let’s here and now establish the pathways to decongesti­on.

“In the Swedish prison model, human rights are given due deference. So why call inmates as ‘persons deprived of liberty’ or the selfdeprec­ating PDLtag?

“Police or military generals obviously don’t fit their suit as BuCor head — no sure-fire guarantee of lawfulness, orderlines­s, or accomplish­ment of objectives of what a prison should be.

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