The Parole and Probation Office has no more control in case a probationer, who is released on recognizance, violates the conditions for his or her release, Dumaguete chief parole and probation officer, Ma. Necita Marino said.
Marino was reacting to a number of incidents where a probationer is rearrested for committing the same offense, in most cases, for allegedly selling illegal drugs.
This was the case of probationer Mark Macalipay of Calindagan, Dumaguete, who even reported to the Parole and Probation Office the day before he was caught selling drugs on July 4.
Marino said the office is diligently providing probationers with all benefits, including a therapeutic community program geared towards rehabilitation but had no control if they go back to their original vices, especially if they live in a community where illegal drugs proliferate, that will result to a revocation of his or her probation.
She cautioned qualified custodians to thoroughly understand the provisions of the new recognizance law because their reputation is at stake. Republic Act 10389 is an act institutionalizing recognizance as a mode of granting release from detention.
Upon release of the person on recognizance to the custodian, the probation office is directed to monitor and evaluate his or her activities on a monthly basis to determine whether or not the conditions for the release have been complied with.
Marino advised barangay officials to really trace the roots of the family of persons released on recognizance because they have to produce the accused whenever required by the court.
A penalty of six months to two years imprisonment shall be imposed upon the custodian who fail to produce the accused before the court, upon due notice, without justifiable reason.*
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