Ley 180 del 2001
Resumen
Esta ley enmienda la Ley Orgánica de la Administración Correccional para aclarar las funciones del Comité de Derechos de las Víctimas, especificando que solo celebrará audiencias en casos de programas de desvío de reclusos donde la víctima se oponga o solicite expresar su opinión. También establece un período de transición para el procedimiento de evaluación de casos.
Contenido
(No. 180)
(Approved December 23, 2001)
AN ACT
To amend Section 54, Sub-chapter XVII on the Rights of Crime Victims, of Act No. 116 of July 22, 1974, known as the "Organic Act of the Correctional Administration," as amended by Act No. 151 of October 31, 2001, to set forth that the Victims' Rights Committee, recently created, shall hold hearings on the evaluation of cases to place members of the Correctional Population in programs and services of the Inmate Diversion Programs in those cases where the victims opose to said placement, or where the victim requests to state his/her opinion through a hearing, as well as to set forth a transition period during which the consideration procedure, established prior to Act No. 151, shall remain in effect.
STATEMENT OF MOTIVES
Through the recent approval of Act No. 151 of October 31, 2001, a new Sub-chapter XVII, on Crime Victims' Rights, was added to the "Organic Act of the Correctional Administration," Act No. 116 of July 22, 1974, as amended, to provide on Crime Victim's Right in processes related to the diversion programs supervised by the Correctional Administration.
Said legislation created the Victims' Rights Committee in order to channel through the same the rights of victims included in the new Subchapter XVII of Act No. 116, supra.
The main function of the Committee is to hold hearings on the evaluation of cases to place members of the correctional population in the programs and services of the inmate diversion programs.
Although it did not specify which hearings would be under the jurisdiction of the Committee due to an error, it is important to clarify that these hearings refer to those cases in which a victim who opposes the granting of diversion program privileges to the inmate exists, or in which the victim requests to express his/her opinion through hearings.
Currently, the Diversion and Community Programs Office processes an average of 1,300 cases referred each month. In cases where there is a crime victim, the liaison officer of each institution has the responsibility to notify the victim. Upon said first notice, some victims express their opposition or their intention to state their opinion in a hearing.
This bill intends to clarify that the Victims' Rights Committee shall only evaluate those cases in which the victim has stated his/her opposition or intention to express his/her opinion in a hearing. If it was wrongly understood that the Committee would process all case evaluations, such situation would render the referred Committee ineffective due to the high number of cases that it would have to review, including those in which there are no victims.
On the other hand, it is important to establish that the process for the evaluation of referrals to diversion programs prior to the approval of Act No. 151 of October 31, 2001, shall remain in effect until the Committee is constituted and until it has adopted the measures and procedures needed for its operation. Otherwise, it would paralyze the evaluation of said cases in the Correctional Administration.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 54 of Act No. 116 of July 22, 1974, known as the "Organic Act of the Correctional Administration," as amended by Act No. 151 of October 31, 2001, is hereby amended to read as follows:
"Sub-chapter XVII: Crime Victims' Rights Section 54.- Creation, Composition and Operations of the Victims' Rights Committee.
The Victims' Rights Committee is hereby created, attached to the Office of the Assistant Administrator of the Correctional Administration, in charge of programs and services for inmate diversion programs. The rights of victims included in the subsequent sections shall be channeled through this committee to guarantee compliance with said rights.
The Victims' Rights Committee shall be comprised by the following members: the Administrator of the Correctional System or a representative of same; the Secretary of Justice or a representative of same; the President of the Civil Rights Committee or a representative of same; a felony victim or the relative of a felony victim, to be designated by the Governor with the advice and consent of the Senate; and a licensed professional in a mental health field to be designated by the Governor with the advice and consent of the Senate.
To such effects, said Committee shall hold hearings on the evaluation of cases to place members of the correctional population in the programs and services of the inmate diversion programs in those cases where the victim opposes said placement or requests to state his/her opinion through a hearing. Hearings on the evaluation of cases shall only be waived in those cases where it is on record that a certified notice was sent to the crime's victim stating his/her right to appear at a hearing, or when several attempts have been made to locate and notify the victim on his/her rights and such attempts have been unsuccessful. The victim shall have twenty (20) days to notify the Committee whether or not he/she shall request the hearing. If said term expires and the victim fails to request a hearing, the same may be
waived. The Committee shall adopt the measures and procedures necessary for its internal operations, provided that in the hearings the mechanism of examiner officers shall not be used, and that its agreements shall be made by a majority plus one of its members. If the Secretary of the Department of Corrections and Rehabilitation and the Correctional Administrator are the same person, the representation of the Administration in the Committee shall befall upon the Sub-Administrator or a representative of same. In the case of Committee members designated by the Governor with the advice and consent of the Senate, these shall qualify for the payment of per diems and mileage in compliance with the legal provisions applicable in these situations.
The Committee shall have the support of technicians, clerks and personnel attached to same, which shall originate from the operational budget of the Administration.
The process set forth in the Correctional Administration, prior to the amendment of Act No. 151 of October 31, 2001, for determinations on the placement in programs and services of inmate diversion programs in these cases shall remain in effect during the transition period until the Victims' Rights Committee is duly constituted and until it adopts the measures and procedures needed for its operations, not later than June 30, 2002."
Section 2.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 180 (S.B. 1136) of the $2^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 54, Sub-chapter XVII on the Rights of Crime Victims, of Act No. 116 of July 22, 1974, known as the "Organic Act of the Correctional Administration," as amended by Act No. 151 of October 31, 2001, to set forth that the Victims' Rights Committee, recently created, shall hold hearings on the evaluation of cases to place members of the Correctional Population in programs and services of the Inmate Diversion Programs in those cases where the victims opose to said placement, or where the victim requests to state his/her opinion through a hearing, as well as to set forth a transition period during which the consideration procedure, established prior to Act No. 151, shall remain in effect, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $7^{ ext {th }}$ of February of 2005.
Luis Fusté-Lacourt Director