Ley 138 del 2001

(No. 138)

(Approved September 28, 2001)

AN ACT

To amend Section 23 of Act No. 114 of July 6, 2000, as amended by Act No. 2 of March 1, 2001, in order to postpone until November 1, 2001, the date of effectiveness of Sections 2, 3, 3-C, 3-D, 4, 5, 6, 7, 9, 9-A,11, $12,13,15$, and 16-A of Act No. 118 of July 22, 1974, as amended, which redefines the Parole Board [Sp.: Junta de Libertad Bajo Palabra] and creates the new Parole Board [Sp.: Junta de Libertad Condicional], in order to be able to examine and evaluate the need to maintain within the Corrections Administration, the management of the diversion programs intended for transfer to the new Parole Board, before said Sections take effect.

STATEMENT OF MOTIVES

With the approval of Act No. 114 of July 6, 2000, as amended, the functions of the Parole Board were redefined by conferring to the Board the power to modify, supervise and revoke the privilege of parole under the diversion programs in existence as of the date of approval of the same. Said Act also conferred to the Board the supervision of the inmates to whom the benefit of a suspended sentence or probation has been granted.

In consideration of the redefinition of its powers, Act No. 114 changed the [Spanish] name [of the Parole Board] from Junta de Libertad Bajo Palabra to Junta de Libertad Condicional and relieved the Corrections Administration from all the functions reassigned to the new Board. The reasons underlying this change were the need and convenience of integrating into one independent body the functions of supervising and revoking of all

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parole-related privileges, and thus offering a more effective service to participants in the various diversion programs currently available.

However, Act No. 114 did not take into account or accurately pondered the detrimental effects of its implementation on the effective administration of the correctional public policy of the Commonwealth of Puerto Rico. In pursuing a functional unity within a formal plane, Act No. 114 disarticulated the execution of the correctional purposes that are the guidelines for the diversion programs. It also failed to take into account the administrative and operational integration requirements established under Reorganization Plan No. 3 of 1993 of the Department of Corrections and Rehabilitation.

A preliminary analysis conducted by the present government administration reveals that transferring the authority to investigate, grant, supervise and revoke diversion programs to the new Parole Board has a very noxious effect on the efforts conducted by the Corrections Administration to appropriately manage the correctional population and the jail spaces available, and above all, to enforce the rehabilitation objectives that propel our correctional system. Furthermore, it is quite evident that the effectiveness of Act No. 114 would have an immediate harmful effect on the Corrections Administration, insofar as by virtue of the referred legislative measure, the socio-penal personnel would also be transferred to the new Parole Board.

In response to this concern, Act No. 2 of March 1, 2001, with the purpose of postponing the date of effectiveness of Act No. 114 of July 6, 2000, to October 1, 2001. The substantive changes promoted by Act No. 114 to the correctional public policy, as well as the implementation of some of its provisions that have taken effect on different dates, have brought about a pondered evaluation of the effects of this Act on other legislation in effect.

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For such a reason, it is necessary to provide for an additional term to be able to responsibly evaluate the amendments that Act No. 114 requires with the purpose of formulating recommendations in order to conform this legislative measure to the public policy concerning the rehabilitation of offenders and convicts, the correctional system and the programs alternate to reclusion that the present government administration promotes. To such ends, the effectiveness of some of the provisions of Act No. 114 of July 6, 2001, is hereby postponed to November 1, 2001.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

Section 1.—Section 23 of Act No. 114 of July 6, 2000, as amended by Act No. 2 of March 1, 2001, is hereby amended to read as follows: "Section 23.—Effectiveness. — This Act shall take effect November 1, 2001, except for Sections 1, 1A, 1B, 1C, 1D, and 1E, which shall take effect immediately after the approval of this Act, and Sections 3A, 3B, 3E, 3F, and 3G, which shall take effect on March 1, 2001."

Section 2.—This Act shall take effect immediately after its approval.

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CERTIFICATION

I hereby certify to the Secretary of State that the following Act No. 138 (H.B. 1643) of the $1^{ ext {st }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:

AN ACT to amend Section 23 of Act No. 114 of July 6, 2000, as amended by Act No. 2 of March 1, 2001, in order to postpone until November 1, 2001, the date of effectiveness of Sections 2, 3, 3-C, 3-D, 4, 5, 6, 7, 9, 9-A,11, 12, 13, 15, and 16-A of Act No. 118 of July 22, 1974, as amended, which redefines the Parole Board [Sp.: Junta de Libertad Bajo Palabra] and creates the new Parole Board [Sp.: Junta de Libertad Condicional], in order to be able to examine and evaluate the need to maintain within the Corrections Administration, the management of the diversion programs intended for transfer to the new Parole Board, before said Sections take effect, has been translated from Spanish to English and that the English version is correct.

In San Juan, Puerto Rico, today $20^{ ext {th }}$ of January of 2005.

Marialma Alfau-Alemán Acting Director

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