Computation of the correct prison sentence is an essential task in the administration of justice. It will show how many more years, months, and days a Person Deprived of Liberty (PDL) will remain incarcerated. It can also show the expected date of release for a complete service of a maximum sentence, and with the awarding of Good Conduct Time Allowance (GCTA), it can show the projected dates for early release. It can also provide dates when PDLs can apply for parole when they served the minimum penalty and the dates that they can apply for executive clemency, such as commutation of sentences and pardon, when they served one-third of the maximum sentence.
This essential task, however, is riddled with complexities.
First, many of the prisoners are convicted of multiple cases, with its set of minimum and maximum penalties. The first issue here is to determine whether the sentences are to be served simultaneously (which shortens the penalty) or successively (which lengthens the penalty). This determination is discretionary for judges, and they impose the type of penalty as they see fit for a particular case. Some judges, however, do not explicitly mention in their decisions whether the sentences are to be served simultaneously or successively, giving the task of computation to the Bureau of Correction (BuCor) officials and the Board of Pardons and Parole. The results of the focus group discussions with correctional officers show that there are wide variations on how they compute the sentences. Some correctional officers automatically compute the sentences successively thus giving the PDLs longer stay in prisons. Other officers, on the hand, would compute it simultaneously which shortens the penalty. My analysis of the data show that the variation can be as long as 10 years.
Second, the task of computation is officially entrusted to the PDL Document and Programming Division (PDPD) of the BuCor. The PDPD usually computes the prison sentence when the PDLs had already stayed in prison for several years. Interviews with PDLs show that they could have been eligible for parole years ago, but no one alerted them because their sentence was never officially computed. In fact, there are several PDLs who have served their maximum penalties and have overstayed for several years because no one had previously alerted them of their expected date of release.
Third, the task of computation is not efficient and transparent. The prisoners do not know how much time they have served, how much GCTA and Time Allowance for Studying, Teaching and Mentoring (TASTM) they have been awarded, and how much time remains in their sentences. Due to lack of officers, the Management, Screening and Evaluation Committee (MSEC), a body tasked to evaluate and award the GCTA, is seldom convened. Thus, many PDLs do not see the benefit of attending rehabilitation programs as these are not efficiently reflected in the GCTA credits. Worse, the lack of transparency could lead to suspicions that GCTA is for sale specially when some PDLs were granted GCTA and others did not.
Recommendations:
Based on the ongoing mentoring sessions with BuCor officials, the following are suggested:
1. The Supreme Court must issue a circular directing the lower court judges to specify in their decisions whether sentences are to be served simultaneously or successively in cases where the accused are convicted of multiple offenses. Additionally, it will be helpful if the judges themselves can compute the minimum and maximum penalties and indicate the dates for releases. This simple innovation will remove the ambivalence in the decision and will aid the correctional officers in determining the correct sentence.
2. Second, the PDPD section of the BuCor should coordinate with the officers in the Reception and Diagnostic Center (RDC) in determining the length of maximum and minimum sentences. The RDC is the office in-charge of orienting the newly arrived PDLs of the rules of the Bureau and of informing the PDLs the programs that they could avail of during the period of incarceration. The RDC should provide the PDLs a computation of their length of sentence and their expected date release right in the early stages of their prison stay. This way, the PDLs will be made aware of their dates of eligibility for parole, pardon, and commutation of sentences. The PDLs can thus help monitor their own day of release.
3. There must be transparency and efficiency in the awarding of the GCTA and the TASTM. The MSEC must convene regularly should award the earned credits monthly. This will motivate the PDLs to participate in rehabilitation programs and to continually exhibit good behavior since they will see how it shortens their remaining sentences.
By implementing these recommendations, the criminal justice system can ensure fair and transparent computation of prison sentences, fostering rehabilitation and reintegration of PDLs into society while upholding principles of justice and equity. It will also fast track the release of the PDLs and contribute in efforts to decongest our overcrowded prisons.
For your comments and suggestions.
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