Ley 60 del 2001

(No. 60)

(Approved July 18, 2001)

AN ACT

To amend Sections 1, 5, 6, Title III; subsection

(e) of Section 7, Title IV; Sections 8, 10, 10-A, 10-B, Title IX; Sections 21, 22, 23, 24, 27, 29, 31, 32, Title XI; Sections 40, 44, 47, 49(a), 49(b), 49(d), 50 and 54 of Act No. 116 of July 22, 1974, as amended, known as the "Organic Act of the Corrections Administration," in order to correct its style and form, and modify its terms to adjust the legislation to the main functions of the Corrections Administration of providing custody, discipline and security, emphasizing rehabilitation; and for other purposes.

STATEMENT OF MOTIVES

Section 19 of Article VI of the Constitution of the Commonwealth of Puerto Rico declares as a public policy of the Government of Puerto Rico, the regulation of its correctional institutions to effectively serve its purposes and to provide, within the limits of available resources, for adequate treatment of the penal population to enable their moral and social rehabilitation. In Puerto Rico there is a need to give priority to the differentiated and individualized treatment of the persons who enter into contact with this phase of the criminal justice system.

It is acknowledged that the coercive element, although necessary for social security, does not contribute to stable rehabilitation, thus mechanisms from the correctional action are required to foster internalization by the inmate of social norms and values and his/her active, conscious and responsible participation in the social processes.

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The Corrections Administration is a very complex agency which requires the employees who commitment the same to develop a high degree of responsibility and commitment in the performance of their functions. The need to establish an effective system of safety and protection in the correctional institutions has made it necessary to create a corps of corrections officers who have the responsibility of having custody of the members of the corrections population, keeping order and discipline, protecting persons and property, as well as performing all other functions assigned by the Administrator.

Through this legislation, the term "client" shall be modified to "members of the correctional population" and the term "clientele" shall be changed to "correctional population" to avoid confusion. The use of the terms "client" and "clientele" has been interpreted as if the Administration were answering the claims of this sector without taking into consideration one of its main functions of providing custody, discipline, and safety. By substituting the term "client" for "member of the correctional population", the personnel and the members of the correctional population shall become aware that the persons confined in these institutions are part of a group that is serving a sentence for having committed a violation of the norms of the body of laws and who shall be given the opportunity to be rehabilitated. The term "custodial officer" shall be modified as "correction officer," so that the function of this personnel is not only to provide custody, but also to ensure that the members of the corrections population receive the services and mechanisms, that lead to their rehabilitation. Likewise, the term "penal institution" shall be replaced by "correctional institution," since the latter comprises the two main functions of the Corrections Administration and are performed in these facilities. To wit, the members of the correctional

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population not only serve their "sentences" in the correctional institutions, but they are also provided the necessary mechanisms to achieve their rehabilitation.

Finally, throughout this legislation we shall substitute the term "Correctional Enterprises Corporation" for "Work and Training Enterprises Corporation" (C.E.A.T., Spanish acronym), since it was thus denominated by virtue of the approval of Act No. 47 of August 6, 1991, as amended.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

Section 1.- Section 1 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 1.- This Act shall be known as the "Organic Act of the Corrections Administration."

Section 2.- Section 5 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 5.- In order to achieve its objectives, the Administration shall have the following duties and powers:

(a) Structure the public policy in the correctional area.

(b) Organize correctional services so that rehabilitation shall have the highest priority within the objectives of the Government of the Commonwealth of Puerto Rico. To such ends: (1) to design a new diversified system of institutions, programs and human resources that will enable the implementation of a better individualized treatment; (2) proliferate the creation of institutions of less capacity which could be semiclosed, open, or of any other type, that will allow treatment that can help the member of the correctional population to return to the free community within the shortest term; (3) use the method of rehabilitation in the community to its greatest extent possible, which may include work, study, or

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treatment programs among others, when compatible with public safety; (4) incorporate broad opportunities to acquire skills, training and knowledge into the rehabilitation process that will expedite the return of the member of the correctional population to the community, duly equipped to ensure a decorous existence; and (5) channel the support of the citizenry to direct innovative rehabilitation programs in the community supported by voluntary services.

(c) To draft, in accordance with the purposes of this act, the internal regulations needed for the diagnosis, classification, treatment and rehabilitation programs of the inmates of the correctional population.

(d) To establish and keep individualized records of the background evaluations, general conduct and progress of the correctional population of the system, also being able to establish regulations to determine confidentiality criteria with regard to said evaluations or reports.

(e) To determine, pursuant to the evaluation made by the personnel in charge of the treatment, or the specialists, and the regulations promulgated by the Administration to such effects, the institutions operated by the latter, or by any other government or private entity, to which the correctional population of the correctional system is to be committed or transferred.

It shall also draft the regulations, pursuant to the purposes of this Act, needed to establish electronic surveillance programs, through which the correctional population that qualifies therefor and voluntarily accepts to participate in them, may serve their sentences outside of the correctional institution. The regulations shall establish the eligibility criteria, conditions and requirements for said programs and to revoke the participation of the members of the correctional population in them, in compliance with due process of law. The Administrator shall take into consideration the norms

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established in Section 10 of this Act, and shall adopt the measures needed to achieve the purposes of the programs and protect the safety of the community.

The Administrator may also enter into agreements with government or private entities for the committing or transferring of the population and other means that are compatible with the public safety.

(f) Implement programs to offer to the correctional population appropriate medical care and hospital services intended to prevent diseases and the diagnosis, treatment, and rehabilitation of the patient.

The services may be furnished, whenever the circumstances so require, outside Administration facilities under the necessary security measures.

Detailed records of medical examinations and the health condition of the patient shall be kept.

(g) Create all the individualized programs which may be necessary to meet the requirements of the system to provide academic, vocational, and training education of all kinds, with proper counseling. The programs shall be directed to meet the prevailing requirements and conditions in the labor market, with a view to obtain adequate means of subsistence. These programs shall also be envisioned, so that their recognition and accreditation by the proper government and private agencies will be expedited. The necessary exchange and coordination with said entities shall be established.

(h) Develop and obtain every possible source of work to propitiate the rehabilitation of the correctional population and help those who are released. To broaden the employment opportunities by granting direct financial assistance, incentives, subsidies, counseling, or any other type of assistance so that those inmates who are released can promote or participate

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in industrial, commercial, agricultural or any other kind of projects and activities.

To such effects, the agencies and public corporations of the Government of the Commonwealth of Puerto Rico and the municipalities are hereby authorized to transfer funds or provide services, counseling or other available resources to the Administration, under the conditions consigned in the agreements.

Assistance or help to inmates who are released shall be furnished to the extent that the resources of the Administration allow and for a reasonable period that will enable their incorporation to the community through regulations promulgated to such effects by the Administrator. For such purpose, the Administration shall give consideration, among other, to factors such as the skills and academic education of those who are released, the needs of their families, and the socio-economic conditions that prevail in the area where they live.

In as much as possible, the work of the correctional population shall be rendered in similar conditions to those that prevail for regular employees, subject to the established regulations.

(i) Regulate the contribution made by the correctional population whether from the cash they receive or their wages for work rendered in the Work and Training Enterprises Corporation, government, state or municipal agencies, in private enterprise or any other source outside the Administration. The funds obtained thereby shall be covered into the Special Fund in the Commonwealth Treasury. These contributions shall be used, in the proportion determined by the Administrator by regulations for each specific purpose, for the following: (1) defray part of the expenses the inmate causes the system;

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(2) provide financial aid to their dependent family; (3) reserve the resources which the inmate shall receive upon release; (4) reserve resources that will allow the Administration to increase the remuneration of the inmates employed in the Administration; and (5) compensate the victims injured by the crime for which the inmate was convicted when it is provided by the court.

(j) Establish a center of statistics that shall compile and keep information and data on: criminal incidence, in its diverse modes, by groups and ages; terms of sentences imposed and periods served; probation or parole cases; information on the development and results of the treatment; recidivism; and every other aspect of the correctional or criminal justice system that will be useful within the framework of criminological investigations, to devise effective guidelines for correctional treatment as well as for the public policy all the criminal justice system.

(k) Direct, advice, evaluate, coordinate, promote, and participate in the development of attitudes, activities, and services leading to eradicate criminality and propitiate the rehabilitation of persons who demonstrate antisocial behavior. (1) Establish and maintain adequate facilities to implement the security measures as established in the Penal Code of Puerto Rico. The primary responsibility to establish and maintain adequate facilities to implement the rendering of medical care and hospital services to the insane and mentally retarded rests on the Department of Health. The Governor shall designate an official who, together with the Department of Health and the

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Administration shall design a plan by virtue of which it is made feasible for the Department of Health to fully assume said function. In the event it is determined that it is necessary to approve legislation to structure said plan, the pertinent proposals shall be submitted. If it is determined that the implementation of the plan does not require legislation, the Governor is empowered to transfer said functions to the Department of Health through an Executive Order. The Administration shall continue, subject to applicable laws, to discharge said functions with regard to those persons who are insane or mentally retarded until the Executive Order of the Governor becomes effective. The Administration shall execute the necessary agreements with the Department of Health for it to provide all possible assistance, with regard to said persons, to the extent allowed by the resources of said Department. Provided, that the Department of Health, upon the advise and consent of the Administration, shall implement a flexible medical services system that is adapted to the rehabilitation plan established for the different members of the inmate population.

(m) Administer the services required by the members of the correctional population participating in the electronic surveillance, freedom on probation, or under the security measures and parole programs, who are under the custody and supervision of the Administration, also taking into consideration the conditions imposed by the Parole Board, or the terms of the sentence or security measures imposed by the Court, as the case may be. To such end: conduct the investigations and render the needed reports on the conduct and the emotional and moral processes of the inmate, perform the required evaluations and maintain an effective coordination with said Board or with the Court.

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(n) Administer reciprocity agreements with other jurisdictions for the custody and supervision of those released or on probation. (ñ) Acquire legal custody of every person prosecuted and sentenced to imprisonment by order of a competent court. When judgment is pronounced, the court shall not order the commitment of the convicted person in a private or public institution that is not penal in nature.

(o) Establish agreements or covenants with public or private agencies that can expedite the establishing of the functions entrusted in this Act. This right shall include the contracting of custodial and food services of the inmates, as well as the contracting of the construction, administration, and maintenance of correctional institutions with private agencies or companies. The Administration shall establish the criteria and requirements of physical facilities, the organization, operation, administrative and custodial personnel and others, that these institutions must meet to have access to such contracting and to be accredited as private custodial institutions.

(p) Establish adequate procedures for the handling of all the documents of the agency. All records, legal documents, evaluations, forms, communications or any other written evidence related to the inmate population of the system shall be the property of the Corrections Administration. Its use, conservation and disposal shall be performed pursuant to the Regulations adopted by the Corrections Administrator to such effect, pursuant to Act No. 5 of December 8, 1955, as amended, known as the "Puerto Rico Public Documents Administration Act".

(q) To prepare a report on the family background and social history of the person convicted, and the economic, emotional, and physical effect caused on the victim and his/her family, by the "commission of the crime".

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(r) To operate stores in the correctional institutions to expedite the sale of products and articles to the members of the correctional population and to employees in emergencies such as hurricanes. The operation of these stores shall be subject to the regulations approved to govern the provision of goods and products."

Section 3.- Subsection

(d) of Section 6 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows:

"SECTION 6.- ADDITIONAL POWERS

The Administrator shall have, in addition to those granted by this Act or by other acts, the following powers:

(a) $\quad ...$

(d) Create an organized plan through the designating of programs or norms whose point of reference shall be the adequate rehabilitating process to ensure a better quality of life for the member of the correctional population.

Section 4.- Title III of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows:

"TITLE III.- CORRECTIONAL POPULATION EVALUATIONS"

Section 5.- Subsection

(e) of Section 7 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows:

"SECTION 7.- PERIODIC EVALUATIONS

All of the convicts for felonies shall be submitted to periodic evaluations for the purposes of:

(a) $\quad ...$

(e) Explaining to the member of the correctional population the purpose and the results of the evaluations performed, with the exception of

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such information which has been determined as confidential, through the regulations to such effect."

Section 6.- Title IV Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows:

"TITLE IV.- CORRECTIONAL OFFICERS CORPS"

Section 7.- Section 8 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 8.- A corps composed of correctional officers is hereby created to be a part of the correctional staff, that shall be in charge of the responsibility of the custody of the inmates, maintaining order and discipline in the correctional institutions, protect persons and property, supervise and offer social guidance to the inmates, and otherwise discharge any other functions assigned by the Administrator or the delegated official. They may also pursue the escaped convicts and those who are free, against whom there is an arrest warrant issued by the Parole Board, and arrest them at any hour and in any place, and for this, they may use the same means authorized for the police agents to execute an arrest.

The members of the Special Arrests Unit of the Corrections Administration created by this Act shall be part of the Correctional Officers Corps. The officers attached to the Unit shall be engaged in the pursuit and capture of delinquents who have escaped from the various correctional and rehabilitation programs and institutions of the country and shall participate in the prevention of escapes, the implementation of contingency plans at internal and interagency level, and in surveillance and searches, as escorts, and in disturbances and riots. They shall enjoy the same authority, privileges and benefits provided for the correctional officers in this Act.

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The Administrator shall promulgate the needed regulations to govern the functions of the persons who are members of the Correctional Officers Corps.

Every member of the Correctional Officers Corps of the Corrections Administration that retires after twenty-five (25) years or more of honorable and meritorious service to the Corp, who has not been subject to disciplinary sanctions in the performance of duty, shall be given the badge as a symbol of said service. If the Corrections Officer dies in the line of duty, the number of the badge shall be retired from the Corps and shall not be assigned to any other Corrections Officer.

The Administrator shall authorize, within five (5) working days after the death in the line of duty of a member of the Correctional Officer Corps, chargeable to operating expenses of the Corrections Administration, a payment equal to two (2) months of his/her gross salary, to the surviving spouse, to his/her dependents if the Correctional Officer was not married, or to the father or mother of the Correctional Officer who was not married and had no dependents. This payment shall be destined to defray the expenses generated by the emergency caused by the unfortunate event, therefore, it shall be made within five (5) working days following the death of the member of the Corps. The granting of this benefit shall be apart from any other benefit or compensation to which the surviving spouse or dependents of the member of the Correctional Officers Corps, who died in the line of duty, would be entitled. This benefit shall be increased annually, according to the rise in the cost of living, as certified by the Planning Board.

The Police Superintendent, in coordination with the Secretary of Corrections and Rehabilitation and the Correctional Administrator, may authorize the members of the Correctional Officers Corps who retire for

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years of service and who, in turn, are authorized to have and posses a firearm, to be exempted from the payment of the corresponding fees, to acquire their regulation weapon.

The Police Superintendent, the Corrections and Rehabilitation Secretary and the Corrections Administrator shall jointly approve the regulations needed to implement this Act. The regulatory provisions shall include, among other aspects, the requirements that a Correctional Officer who retires for years of service, and is interested in acquiring his/her regulation weapon at its book value and is authorized to have and posses the firearm, exempted from the payment of the corresponding fees, pursuant to the provisions of Act No. 404 of September 11, 2000, as amended, known as the "Puerto Rico Weapons Act", must be in good physical and mental condition upon his/her honorable retirement from public service, as well as when requesting the benefit recognized by this Act, while he/she deserves said benefit".

Section 8.- Title VI of Act No. 116 of June 22, 1974, as amended, is hereby amended to read as follows:

"TITLE VI.- PERMITS TO INMATES OF THE CORRECTIONS POPULATION TO LEAVE THE INSTITUTIONS"

Section 9.- Section 10 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 10.- The Administrator is hereby authorized to grant permits to the inmates to leave correctional institutions or the public or private treatment centers where they are receiving treatment in every case that it is determined that the granting of said permit is a necessary and convenient measure for the rehabilitation of the inmate through his/her progressive readjustment in the community.

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In every case, it shall be understood that the granting of permits is not a right, but a means of treatment which can be discretionally used by the Corrections Administrator.

The Corrections Administrator is empowered to suspend the permit of an inmate when through the study and evaluation performed it is determined that it is not having the rehabilitating effect sought or when the safety of said inmate or that of the community is considered to be threatened by his/her presence.

Those inmates, who meet the requirements established in the Regulations on Permit for Inmates to Leave the Correctional Institutions, shall be eligible for the consideration of said permits. The inmates who, according to the evaluation made by the Administrator or the officials designated by him/her on the conduct and physical, emotional, and moral condition, are determined not to constitute a threat or danger to their safety or that of the community shall qualify for the granting of such permits.

In those cases in which, because of special circumstances, the Administrator deems that it is necessary to provide custody for the inmate, he/she shall adopt the necessary measures to provide such protection.

The Administrator shall establish, by regulations, the eligibility requirements, the means of verifying the departure and return to the institution, the duration of the permit and any other condition to guarantee the adequate use of the permit, according to the rehabilitating factors prevailing in each case, as well as the pertinent procedure for the granting of subsequent permits.

Any inmate who fails to return to the correctional institution or public or private treatment center where he/she is confined, or who returns after the

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hour indicated in the permit that was granted, shall be evaluated as provided below: (1) If the inmate does not return, he/she shall incur a prison breach and the provisions of Section 232 of the 1974 Penal Code of Puerto Rico shall apply. (2) If the return takes place within forty-eight (48) hours after the expiration of the permit, the situation shall be evaluated by the Administrator or the designated officials, for the purposes of determining whether there were justified reasons for the delay or if not, it is pertinent to prosecute the person in question for the crime of prison breach, as provided in subsection one (1). During the 48 -hour period that the inmate does not report back, he/she shall be deemed to be a fugitive of justice.

The time elapsed between the expiration date of the permit and the date of return to the Correctional System or to the institution, facility or private center, shall not be accredited as time served of his/her sentence, unless it was for justified reasons, as determined by the Administrator.

The violation of any type of permit granted to the Corrections Administration inmates shall be governed by the Regulations adopted on this matter.

Permits granted to the inmates pursuant to the powers conferred in Section 5(b) of this Act, for them to reside in their homes or in the community as part of a rehabilitation program through work, study, treatment or other means, shall be governed by the provisions of this Section and by those other provisions adopted by the Administration through regulations, addressed to achieve the purposes of the program and to protect the security of the community.

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The permits granted to inmates residing in Half-way Houses shall be subject to the regulatory provisions of Section 32 of Title X of this Act, which shall conform to what is established in this Section, for them to reside in their homes".

Section 10.- Section 10-A of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "Section 10-A.- Ineligibility for Programs The following persons shall not be eligible to participate in the transition, or treatment and rehabilitation program established by the Administration, pursuant to the powers conferred by this Act, nor in Halfway House Programs;

(a) Any convict who is serving a sentence for the following crimes: (1) murder, rape, incest, sodomy or lewd or lascivious acts when the victim is under fourteen (14) years of age. (2) violations of Act No. 4 of June 23, 1971, as amended, known as the "Puerto Rico Controlled Substances Act," except the violations of Section 404 of said Act; (3) violations of Act No. 134 of June 28, 1969, as amended, known as the "Puerto Rico Explosives Act."

(b) Any person convicted for the commission of a felony, other than those included in subsection

(a) of this Section, until he/she has served at least ten (10) percent of the sentence as an inmate in a correctional institution, excluding any type of reduction, and the Correctional Administrator determines that this person is not a threat for the community.

(c) Any person convicted of a felony, following a determination of aggravated recidivism or habitual recidivism pursuant to the provisions of

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Act No. 115 of July 22, 1974, as amended, known as the "Penal Code of the Commonwealth of Puerto Rico."

Excluded from the provisions of this Section are inmates under the custody of the Administration, with health problems and a prognosis of a short life and limiting physiological conditions. For this exclusion to apply, the Correctional Health Program must issue a recommendation to such effect together with a medical certificate of the inmate stating the prognosis of life expectancy. In addition, the inmates shall not constitute a danger to the community.

(d) Every convict who has not satisfied the special penalty provided in Section 49-C of Act No. 115 of July 22, 1974, as amended."

Section 11.- Section 10-B of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "Section 10-B.- Violations of the Rules of the Program; Penalty When a participant in a transition or treatment and rehabilitation program established by the Administration, including Half-way House Programs, violates the norms and conditions of the program, he/she shall be re-confined immediately in a correctional institution and steps shall be taken to revoke the benefit. Once the determination for revocation is final and binding, the period of time during which the inmate participated in the transition or treatment and rehabilitation program, including the Half-way House Program, shall not be accredited as time served of the sentence".

Section 12.- Title IX of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows:

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"TITLE IX.- COMPENSATION TO MEMBERS OF THE CORRECTIONAL POPULATION FOR WORK ACCIDENTS"

Section 13.- Section 21 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "Section 21.- The provisions of Act No. 45 of April 18, 1935, as amended, known as the "Work Accident Compensation Act", are hereby extended to occupational accidents and diseases which, pursuant to said Act, are compensable and are sustained by the employed inmates, as authorized by this Act.

Likewise, the Work Accident Compensation Act, shall cover all the members of the corrections population, assigned to work or projects carried out under the Administration of the Work and Training Enterprises Corporation (C.E.A.T., Spanish acronym.)

The entity using the member of the corrections population shall prepare the accident report in duplicate within the term provided by law and shall remit a copy to the Administrator. In case of injuries requiring any type of specialized treatment, which cannot be offered conveniently at the institution, the Administrator shall authorize the confinement of the injured person in a hospital designated by the Administrator of the State Insurance Fund, or in the one elected by mutual agreement between the Administrator of the State Insurance Fund.

The responsibility of the custody of the member of the correctional population while he/she receives treatment shall correspond to the Administration.

No compensation for temporary disability (per diems) shall be paid to the inmate population during the time he/she is in prison. These per diems

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may only be received by those who are released before their disability has ceased and while they are discharged. Payments for compensation for permanent, partial, or total disability shall be made in behalf of the member of the correctional population, but shall be remitted for the corresponding legal purposes to the Administrator, during imprisonment".

Section 14.- Section 22 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 22.- The entities that use the services of the members of the correctional population shall be bound to include them in their payroll, for the purposes of this Act, on the basis of the wages received, which for the purposes of the payroll report to be rendered annually to the Administrator of the State Insurance Fund, shall not be less than eight dollars a week or what is otherwise established in the future by the Administrator of the State Insurance Fund by legal authority. It shall be the obligation of these entities to annually include in their expense budget, sufficient funds to defray the payment of the corresponding premiums for the use of members of the correctional population".

Section 15.- Section 23 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 23.- The Administrator shall keep a detailed record of the occupational accidents and diseases suffered by the members of the correctional population while engaged in the activities provided in this Act and of their claims. He/she shall also take steps to obtain the designation of a legal representative to represent the member of the correctional population in any procedure or appearance that may be necessary, before the Administrator of the State Insurance Fund, the Industrial Commission or the courts, that are connected with the claim to which the member of the

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correctional population may be entitled under the provisions of the "Work Accidents Compensation Act". The term to appeal the decisions of the Administrator of the State Insurance Fund, or the orders of the Industrial Commission, shall begin to be counted from the date of notice to the injured person, through the Administration."

Section 16.- Section 24 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 24.- To determine who the beneficiaries of a deceased member of the correctional population as a result of a labor accident shall be, the same standards that apply for the cases of other workmen or employees shall be used. In the absence of persons who, as a matter of fact, depend of the member of the correctional population at the time of his/her death, there shall be considered as dependents such relatives that depended on the deceased before he/she began to serve his/her sentence, if they qualify on the other counts and are needy persons. In the absence thereof, such other persons who although they never had depended on the deceased inmate, are indigent on the moment of his/her death, shall be entitled."

Section 17.- Section 27 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows:

"TITLE X.- HALF-WAY HOUSES

SECTION 27.- The Administrator shall establish Half-way Houses (hereinafter "Houses") where members of the corrections population may be transferred to enable their return to the free community pursuant to the provisions of Section 10-A of this Act.

The members of the correctional population shall reside in said Houses to expedite the development, of special programs in the free community such as vocational and occupational counseling, psychological services,

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counseling on family problems, counseling prior to release, job interviews and job placement through the latter, after having served their sentence or being released on parole, in applicable cases, and any other rehabilitation programs.

The design of the facilities of these Houses that are needed to offer such services shall be undertaken with the advice of the Mental Health and Addiction Services Administration, attached to the Department of Health to guarantee that even though the necessary security measures are maintained, the prevailing environment shall be propitious for their psychosocial health thus enabling the rehabilitation of the client."

Section 18.- Section 29 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 29.- The members of the correctional population residing in the Homes shall contribute a certain amount of money on an individual basis, pursuant to the regulations approved by the Administrator. The funds obtained from said contributions shall be covered into a special fund, which is hereby created and designated "Half-way House Development Fund." The money available in the fund created by Section 7 of Act No. 8 of April 17, 1970 shall also be deposited in this fund.

The money covered into the Special Fund created in this Section shall be deposited in the Commonwealth Treasury.

The financial resources of the Fund created in this Section shall be used for the Development of the Half-way Houses Program, the individual and collective benefit of the members of the corrections population themselves, as provided by the Half-way Houses Regulations."

Section 19.- Section 31 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows:

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"SECTION 31.- Any inmate who fails to return to the institution or returns after the hour indicated in on the permit granted, shall be subject to the provisions of Section 10 of Title VI of this Act."

Section 20.- Section 32 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 32.- The Administrator shall adopt regulations for the administration of the Houses, including the procedure for the transfer from the institution to the Half-way Houses, as well as the recommitment of any member of the correctional population to another institution and all other aspects related to the rehabilitation programs, which are developed through these Houses."

Section 21.- Title XI of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "TITLE XI.- BANK ACCOUNTS; MONEYS OF THE CORRECTIONAL POPULATION."

Section 22.- Section 40 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 40.- The creation of bank accounts in the name of each of the institutions of the Administration, is hereby authorized, into which there shall be deposited:

(a) all moneys and securities received from the members of the correctional population upon their commitment to the institution.

(b) all moneys and securities received from the members of the correctional population from their relatives or other persons, while the member of the correctional population is in the institution.

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(d) Any income for any other account which is received in the institutions for the members of the correctional population."

Section 23.- Section 44 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 44.- After the effectiveness of this Act, all the balances belonging to members of the correctional population who have been released and whose whereabouts are unknown, that remain in the bank accounts of the institutions for three (3) years or more after the release of the members of the correctional population without having the corresponding refund made to them, shall be transferred to a special deposit account in the books of the Secretary of the Treasury. The liquidation of said special deposit account shall be made pursuant to Sections 1 and 2 of Act No. 409 of May 13, 1947, as amended."

Section 24.- Section 47 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 47.- The Administrator is hereby authorized to accept and confine in the Institutions of the Administration, insofar as the powers and economic means of the Government of the Commonwealth of Puerto Rico allow, those persons born in Puerto Rico who are convicted and are serving sentences in a Federal correctional institution or that of any of the States of the United States of America, the District of Columbia, and the Virgin Islands, so that these convicts may finish serving their sentence term in the institutions in Puerto Rico.

Section 25.- Section 49-A of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows:

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"SECTION 49

(a) .- Redefinition of the Office. The functions of the Corrections Administration Transportation Office of members of the correctional population, is hereby defined. The office may acquire, gratuitously or by purchase, the equipment, goods, and services of Act No. 164 of July 28, 1974, as amended, known as the "General Services Administration Organic Act."

Section 26.- Section 49

(b) of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 49

(b) .- Functions and duties of the Office. The Office shall have the following functions and duties:

(a) To custody the members of the correctional population of the Corrections Administration.

(b) Protect the members of the correctional population of the Corrections Administration and the property.

(d) Transport the members of the correctional population from the institutions to the Courts to respond to a summons issued by a court. When arriving at the courts, they shall turn over custody of the members of the correctional population to the marshals of the General Court of Justice.

(e) Transport those persons for whom cause is determined and their detention has been ordered from the court to the correctional Institution.

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(f) Transport every person convicted to be confined by an order issued by a competent court from the court to the correctional institution.

(g) Transport those members of the correctional population who must meet appointments as part of the rehabilitation programs, through work, study, or treatment.

(h) Transport the members of the correctional population to medical evaluations and hospitals.

(i) Perform such other functions needed to implement this Act.

(j) Adopt those regulations needed to carry out the functions of the Office.

(k) Perform any other functions needed to execute the purposes of this Act."

Section 27.- Section 49

(d) of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 49

(d) .- The members of the correctional population of the Corrections Administration shall be in custody of the members of the Correctional Officers Corps."

Section 28.- Section 50 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 50.- The Administrator shall see to the faithful compliance of the following standards, in addition to the promulgated norms, rules and regulations:

(a) The member of the correctional population shall receive a respectful and humanitarian treatment with a view to propiatiate

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his/her rehabilitation and to expedite his/her return to the free community as a useful and reliable citizen.

(b) Abuse and corporal punishment are prohibited.

(c) The member of the correctional population shall be permitted all type of communication compatible with his/her security and that of other members of the correctional population, tends to ensure his/her welfare, particularly in all that concerns having due access to the courts, maintaining family ties, and presenting their complaints to the officers who must receive them.

(d) Female members of the correctional population shall be confined separately from the facilities used for male members of the correctional population.

(e) A minor, tried as an adult, shall not be confined in institutions used for the confinement of adults, except when said confinement is in a room or hall completely separated from the adults confined therein."

Section 29.- Section 54 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "SECTION 54.- The following terms wherever used or referred to in this Act, except where incompatible with the purposes hereof, shall mean:

(a) "Administration" - The Corrections Administration.

(b) "Administrator" - The Correctional Administrator.

(c) "Correctional Population, members of the correctional population or member of the correctional population" - Any person placed under the jurisdiction of the Corrections Administration by authority of law.

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(d) "Institution or Institutions" - Any structure or place, under the jurisdiction of the Corrections Administration, where the members of the correctional population are confined.

(e) "Director" - The Director of the Corrections Administration Transportation Office.

(f) "Office" - Is the Transportation Office for clients (sic) of the Corrections Administration.

(g) "Indicted Person" - Any person placed under the custody of the Corrections Administration by virtue of a judicial order or decision.

(h) "Person" - Includes indicted and convicted persons who have been placed in the custody of the Corrections Administration by virtue of authority of law.

(i) "Classification, Diagnosis and Treatment Center or Center" - Includes every facility or dependency of the Classification, Diagnosis or Treatment Center located in any region of Puerto Rico."

Section 30.- Interpretation

None of the provisions stated herein shall be interpreted contrary to or incompatible with Reorganization Plan No. 3 of 1993, through which the Department of Corrections and Rehabilitation was created.

Section 31.- Effectiveness

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. 60 (S.B. 536) of the $\underline{1}^{ ext {st }}$ Session of the $\underline{14}^{ ext {th }}$ Legislature of Puerto Rico:

AN ACT to amend Sections 1, 5, 6, Title III; subsection

In San Juan, Puerto Rico, today 28th of July of 2005.

Francisco J. Domenech Director

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