Esta ley crea la Oficina del Fiscal General de Puerto Rico y las oficinas de Fiscales Especiales Generales dentro del Departamento de Justicia. Establece los requisitos, el término de nombramiento, las funciones y deberes de estos cargos, incluyendo la investigación y procesamiento de casos criminales, así como asuntos civiles y administrativos relacionados. También asigna fondos para su creación y operación.
(Approved June 18, 2002)
To create in the Department of Justice the offices of General Prosecutor of Puerto Rico and General Special Prosecutors; establish the term of their appointments, set forth the precise duties, prerogatives and rank of the offices; appropriate two million $(2,000,000)$ dollars for the creation of these offices and cover organization and initial operating expenses of the Office of the General Prosecutor of Puerto Rico created by this Act; and to set forth the provisions for its operation in subsequent years.
With the purpose of providing Puerto Rico with a General Prosecutor Office structured in the most efficient manner within the current government organization standards provided under the Constitution of the Commonwealth of Puerto Rico, the Legislature has considered it convenient for the public interest to create the office of General Prosecutor of Puerto Rico, who shall be responsible for investigating and prosecuting criminal cases, as well as investigating and prosecuting those matters of a civil or administrative nature needed to impose total responsibility on the object of the criminal prosecution or investigation.
In addition, this Act creates the offices of General Special Prosecutors, whose functions are established henceforth.
Section 1.- Creation of the office of General Prosecutor of Puerto Rico.—
The office of the General Prosecutor of Puerto Rico is hereby created in the Department of Justice, who shall be an attorney admitted to practice the profession by the Supreme Court of Puerto Rico, of proven moral probity, recognized capability, and with a minimum of ten (10) years of experience in the legal profession, of which at least five (5) shall be in the field of Criminal Law and/or Criminal Litigation.
The General Prosecutor shall be appointed by the Governor with the advice and consent of the Senate and shall hold office for a term of twelve (12) years. He or she shall cease in his/her functions ninety (90) days after his/her term has expired if he or she has not been reappointed or when his/her successor takes office, whichever occurs first.
During his/her tenure, the General Prosecutor may not engage in the private law or notary practice, and shall earn a salary equal to the salary of the General Solicitor. However, the Governor shall have the power to grant the salary differential provided for in Act No. 13 of June 24, 1989, as amended.
Section 2.- Creation of the Office.- The Office of the General Prosecutor of Puerto Rico is hereby created, to be attached to the Department of Justice. The General Attorney shall be the highest-ranking official in criminal prosecution and investigation, after the Secretary of Justice.
The General Prosecutor shall appoint a Deputy General Prosecutor from among the Prosecutors appointed by the Governor and confirmed by the Senate of Puerto Rico.
The Office of the General Prosecutor shall have the professional and support personnel needed to discharge its functions.
The main seat of the Office of the General Prosecutor shall be located at the central offices of the Department of Justice.
The General Prosecutor shall have the responsibility of investigating and prosecuting all cases that are criminal in nature in the jurisdiction of the Commonwealth of Puerto Rico.
The General Prosecutor may, in addition, investigate and prosecute those matters of a civil or administrative nature as needed to impose responsibility on the object of the criminal prosecution or investigation. He or she shall also be vested with the authority to prosecute any corresponding actions for the restitution of funds and property obtained as a result of committing crimes of government corruption, organized crime, and controlled substances, or any other criminal act.
He or she shall appear him/herself or through the officials under his/her supervision before any court or administrative body concerning any matter under investigation.
The General Prosecutor shall also have the responsibility of supervising the offices of District Prosecutors and all those specialized divisions, work units and programs placed under his/her command by this Act or entrusted by the Secretary of Justice.
The General Prosecutor shall have all those duties entrusted by the Secretary of Justice or imposed by law, which include but are not limited to the following:
(a) Supervise the work of prosecutors and their support personnel, collaborate with prosecutors in the compliance of their responsibilities, and ensure that each prosecutor in the offices, divisions or programs has a reasonable and equitable workload.
(b) In coordination with the Secretary of Justice, he or she shall supervise the operations and implementation of the programs
established or to be established in the future to offer protection and assistance to crime victims and witnesses. Through the coordination and collaboration of all resources made available by the Secretary of Justice or any other private or government entity or agency, he or she shall ascertain that the safety and the rights of crime victims and witnesses are being protected and guaranteed.
(c) Implement, impart and transmit to the personnel under his/her supervision the public policy of the Governor of the Commonwealth of Puerto Rico or the Secretary of Justice in the field of criminal justice, and see that said policy is observed.
(d) Develop a system to assess the efficiency of the criminal investigation and prosecution of the matters being handled by the Office he or she directs and render to the Secretary of Justice-who shall, in turn, render to the Governor of Puerto Rico-an annual report on the works performed in which he or she points out precisely the actions to be taken to improve its efficiency.
(e) Develop work and coordination plans with the Courts of Justice in order for criminal cases to be handled in the most expeditious and efficient manner.
(f) Coordinate with the Puerto Rico Police, the Municipal Police and the Special Investigations Bureau the assignment of the law enforcement officers needed to reinforce the investigative and security resources in the investigation and prosecution of criminal cases.
(g) Make recommendations to the Secretary of Justice, so that the latter may make recommendations to the Governor, and to the agencies charged with the decisions on the custody of detained and
sentenced persons before granting any privileges, such as pardon, commuting of sentence, parole, or participation in communitybased programs, in order to establish a more rational balance between the rehabilitation of the person, the public safety, and the protection of crime victims and witnesses.
(h) Design, establish and maintain a permanent training program for Prosecutors and all other technical and professional support personnel that collaborates with the latter as part of a work team.
(i) Participate in the system to recruit and evaluate objectively the candidates for appointment and reappointment as Prosecutors.
(j) Advise the Secretary of Justice in the making of the public policy on the function of the Public Ministry in relation to the criminal investigation and prosecution and make recommendations on modifications that should be introduced to laws, regulations, and ordinances in effect in order to improve the criminal justice administration system.
(k) Recommend and refer promptly to the Office of the General Solicitor of Puerto Rico the matters and cases that merit review by the appealing forums in Puerto Rico or at the corresponding jurisdiction. (1) Promote the best relations among the members of the Public Ministry and the community to which they are assigned, including public and private schools with the purpose of preventing crime and juvenile delinquency, in order to stimulate a comprehensive understanding of the code of laws and to provide an incentive or stimulus for a more efficient collaboration of the citizens in the work involved in the investigation and prosecution of crimes.
(m) Recommend to the Secretary of Justice the administrative norms and orders that should be adopted for the better operation of the Office.
(n) Exercise all those powers and faculties that are inherent and necessary to achieve the best discharge of his/her functions.
Section 4.- Organization of the Office.- The Office of the General Prosecutor of Puerto Rico shall have as many district prosecutor offices as there are judicial regions under the General Court of Justice of Puerto Rico.
The General Prosecutor of Puerto Rico, in coordination with the Secretary of Justice, is hereby empowered to determine the internal organization and structure of his/her office with the consent of the Secretary of Justice, to appoint the directors of the existing divisions and units attached to his/her Office. The General Prosecutor shall also evaluate and recommend to the Secretary of Justice the changes, creation and structure of the divisions and units needed for the operation of his/her office.
The Secretary of Justice, with the recommendation of the General Prosecutor, may divide, suppress or merge these divisions or units or create others, in order for the latter to discharge his/her duties more efficiently.
Section 5.- Personnel and Resources.- The General Prosecutor shall have, among others, the following powers:
(a) Procure the assignment of resources, personnel, equipment, and vehicles necessary for the prosecutors and their respective work teams to be able to perform the work entrusted to them.
(b) The support personnel assigned and recruited to work at the prosecutors' offices, in his/her Office, in specialized units and in the programs attached to his/her Office may only be transferred or
assigned to other dependencies of the Department of Justice with the consent of the General Prosecutor of Puerto Rico or the approval of the Secretary of Justice.
(c) Implement the administrative norms in effect at the Department of Justice, as well as those special norms and guidelines concerning the essential aspects of the ministerial, professional and support endeavor involved in criminal investigation and prosecution.
(d) See to the strict compliance with the norms of ethical conduct of the officials and employees assigned to the Office and its respective units, district prosecutors' offices and programs under his/her supervision.
Section 6.- General Special Prosecutors.-
(a) Creation of the offices of General Special Prosecutors.-
Thirteen (13) offices of General Special Prosecutors are hereby created.
The Governor may authorize the creation of six (6) additional offices for General Special Prosecutors at the request and with justification of the Secretary of Justice.
(b) Term of office; salary.-
General Special Prosecutors shall be appointed by the Governor of the Commonwealth of Puerto Rico with the advice and consent of the Senate for a term of twelve (12) years, and shall cease in their functions ninety (90) days after the expiration of their term if they have not been reappointed or when their successors take office, whichever occurs first. They shall earn a salary equal to the salary of District Prosecutors.
(c) Requirements.-
General Special Prosecutors shall be attorneys admitted into the exercise of their profession with not less than six (6) years of professional experience following their admission into the Bar in Puerto Rico, and they shall enjoy a good moral, intellectual and professional reputation, as determined by the appointing authority.
(d) Duties.-
General Special Prosecutors shall have the following duties: (1) They shall have the same duties, powers, obligations and authority that the law confers on District Prosecutors, whether representing the People of Puerto Rico per se or cooperating with any District Prosecutor in the discharge of their duties or substituting them in office. (2) They shall have the power to supervise and direct specialized divisions and units in the criminal field or in any other area of the Department of Justice, as determined by the Secretary of Justice. (3) They may conduct investigations on all administrative, criminal and civil matters that the Secretary of Justice or the General Prosecutor entrusts them with, and they shall act before any administrative body, board or agency at hearings of any administrative cause in representation of the Secretary of Justice or the General Prosecutor. (4) They may act as representatives of the People of Puerto Rico in any criminal or civil case at the Court of First Instance.
(e) Seat.-
The central offices of the Department of Justice shall be the seat of the offices of General Special Prosecutors.
Section 7.- Annual Budget.— The sum of two million dollars ( $2,000,000 ) is hereby appropriated to cover expenses for the appointments, organization, and operation of the Office of the General Prosecutor and the offices of General Special Prosecutors hereby created, which shall be made a part of the resources appropriated to the Department of Justice to defray operating expenses of criminal investigation and prosecution offices, units and programs existing as of the date of effectiveness of this Act.
In subsequent years, the General Prosecutor shall present the budget petition to the Office of Management and Budget in coordination with the Office of the Budget of the Department of Justice. All fiscal resources destined to the Office of the General Prosecutor to defray the expenses of criminal investigation and prosecution shall be consigned in the General Expense Budget of the Department of Justice.
Section 8.- Severability Clause.- If any Section of this Act were to be found unconstitutional in whole or in part by a court with jurisdiction, its unconstitutionality shall not affect, impair or invalidate the remaining provisions of such Section nor of this Act.
Section 9.- Effectiveness.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 83 (S.B. 5) of the $3^{ ext {rd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to create in the Department of Justice the offices of General Prosecutor of Puerto Rico and General Special Prosecutors; establish the term of their appointments, set forth the precise duties, prerogatives and rank of the offices; appropriate two million $(2,000,000)$ dollars for the creation of these offices and cover organization and initial operating expenses of the Office of the General Prosecutor of Puerto Rico created by this Act; and to set forth the provisions for its operation in subsequent years, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $3^{ ext {th }}$ of February of 2004.
Elba Rosa Rodríguez-Fuentes Director