•Area of Concern: Delay in the submission of the Post-Sentence Investigation Report (PSIR). •Relevant Agency: National Bureau of Investigation (NBI) / Parole and Probation Administration (PPA)
•Current Situation:
By law, Parole and Probation Officers (PPO) are required to submit a PSIR to a judge within 60 days, detailing their recommendations on whether to grant or deny application to probation. However, this 60-day requirement is rarely observed, and detained probation applicants end up staying in jail for a year or more. There are even circumstances where detained probation applicants had stayed in detention longer than their imposed penalty but the probation application had not yet been resolved by the judge. The delay in the submission of the PSIR report to the judge translates to longer stay in detention for Persons Deprived of Liberty (PDL), which eventually adds to the cost of jail maintenance. For example, in one jail facility in Metro Manila, there are 450 applicants for probation which cost the government PhP 1.89 million for every two months of delay in food budget alone (450 pdls*PhP70 food budget per day*60 days). While detained, the applicants cannot work and pay taxes, thus making them a burden to the society. They also add to the problem of jail crowding and they are exposed to the criminogenic influences of jails gangs. •Key Backlog Area:
The most common reason for the delay in the submission of the PSIR by parole and probation officers is the corresponding backlog in the issuance of the NBI clearance. Accordingly, PPO officers need an NBI clearance to determine eligibility of applicants. This is an important information to determine whether applicants are first time offenders and do not have previous convictions, which are the key eligibility criteria. However, due to the increased volume in the number of applicants for probation and the limited number of NBI staff, the NBI cannot attend to the request within the reglementary period. This translates to the delay and its attending costs.
• Solution:
- The NBI must provide the NBI clearance to the PPA within the reglementary period of 60 days or less. There should be additional staff in the NBI working on the NBI clearances of PPA applicants. - There must be a web-based data-sharing scheme between the PPA and the NBI. If possible, selected PPA personnel must be granted access to the NBI database. - The PPA should release low risk probation applicants on Release on Recognizance while waiting for the NBI clearance. Low risk probation applicants are those who scored low in the Classification and Risk Assessment Tool (CARAT) that measures the chances of future re-offending. Photo courtesy of Manila City Jail Male Dormitory
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