Esta ley enmienda la Ley Núm. 28 de 1 de julio de 1997 para establecer y regular el Registro de Personas Convictas por Delitos Sexuales Violentos y Abuso de Menores. Detalla las obligaciones del Departamento de Corrección y Rehabilitación y de las personas registradas en cuanto a la notificación de cambios de domicilio, empleo y estudio en instituciones postsecundarias. También establece los requisitos para el registro de personas provenientes de Estados Unidos con condenas por delitos sexuales violentos o abuso infantil, la actualización anual en el Registro y las condiciones para disfrutar de beneficios como la libertad provisional o probatoria. Define el tiempo que la información de las personas convictas permanecerá en el Registro, con excepciones para reincidentes o delitos específicos.
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Section 1.- Subsections
(c) and
(d) of Section 4 of Act No. 28 of July 1, 1997, as amended, are hereby amended to read as follows; "Section 4.- Duties before the Registry
(a) (b)
(c) The Department of Corrections and Rehabilitation, shall also notify the Police Headquarters about the person who has the obligation to report any change in his/her residential address, at least ten (10) days before the same occurs. Likewise, the person shall be notified of the obligation to inform at least three (3) days before beginning, if he is enrolling in an educational post secondary institution or if he begins to work, full or part time, with or without pay or as a hobby, in an educational post secondary institution. The person shall provide notice of any change in the enrollment or employment status. Before the registered person is freed by having served the sentence or by enjoying any benefit, the Department of Corrections and Rehabilitation shall investigate if same plans or has any intention of enrolling or working in a post secondary institution.
(d) The Department of Corrections and Rehabilitation shall maintain a written record of having informed and explained to the person of the obligation to notify work in a post secondary education institution or of any change of the residential address, according to what is established in subsections
(b) and
(c) of this Section. Said document shall be read and signed by the person obligated to register. A copy of the same shall be provided to the System and the other shall be given to the convict. If the person does not fulfill the obligation of providing notice of changes in residential address or of employment and study in a post secondary
Deleted: $\boldsymbol{\dagger}$ Deleted: $\dagger$ Furnatted Deleted: It is the public policy of the Commonwealth of Puerto Rico to provide children and adolescents with attention and care, and all those opportunities leading to their better and more complete physical, emotional and intellectual development. The Police Athletic League, founded on April 22, 1943, that is to say, approximately sixty years ago, complies with such objective, and has worked intensely for it, since its creation as a civic organization. $\ddagger$ This prominent organization, through sports, the modeling of highly educated police and activities of various types, effective for the complete development of children and adolescents, comprises presently more than 28,000 children, who are protected from vice, drugs and crime. Throughout the 60 years of its existence, thousands of professio Deleted: THE LEGISLATIVE Deleted: Deleted: Section Deleted: Article Deleted: ............................ ..... [4] Deleted: Article Deleted: $\dagger$ Deleted: $\dagger$ Deleted: ................................. [5] Deleted: ................................. [6] Deleted: $\dagger$ Deleted: $\dagger$ Deleted: $\dagger$ Deleted: $\dagger$ Deleted: $\dagger$ Deleted: furthermore Deleted: will...of...advising of ..... 17 Deleted: Equally...he will...his ..... [8] Deleted: f...ing... in said institu ..... 19 Deleted: He should .....his ..... 110 Deleted: $\dagger$ Deleted: registration or beginning of Deleted: his ..... paragraphs ..... [12] Deleted: Article Deleted: himself. .....his ..... 113
education institution, said person shall be subject to the provisions set forth in Section 9 of this Law. The Department of Corrections and Rehabilitation shall be responsible for the creation of all records, by means of entering as promptly as possible, all the corresponding internal data, such as the date of notification, date of release, address and other essential facts that the persons subject to the registry must submit to the registry, according to the provisions set forth in this Act.
(e) Section 2.- To amend Section 5 of Act No. 28 of July 1, 1997, as amended to read as follows: "Section 5.- Obligations of the Person Subject to the Registry The person registered, according to the provisions of this Act, shall notify the Police Headquarters in the jurisdiction where he resides of any change of address at least ten (10) days before moving within Puerto Rico or to any other jurisdiction in the United States. If same begins to work in an educational post secondary institution, with pay or without pay, or as a volunteer full-time or part-time, regardless of the length of time of the employment, or if the person enrolls full-time or part-time in a post secondary institution, same shall provide notice of this to the Police Headquarters in the jurisdiction where same resides at least three (3) days before beginning to work or study in said institution. Police Headquarters shall provide immediate notification to the Headquarters with jurisdiction in the area where said institution is located or to the division or persons in charge of the institution's security. Also, the System shall be notified no later than the following day after receiving the information. No post
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secondary institution shall be bound to request this type of information from the System.
If a person coming from the United States has been convicted of violent sexual crimes or child abuse by a federal, state or military court, establishes, residence in Puerto Rico, or because of work or study reasons, same is in Puerto Rico, even though same does not intend to establish residence, has the obligation of registering and shall complete the registration within the following ten (10) days after having arriving in Puerto Rico.
Every person registered for having been convicted of committing some of the crimes listed in subsection
(a) of Section 3 of this Act should be updated in the Registry yearly, even if there has not been a change in the home address originally submitted, by filling out the form sent by the Police Headquarters for this purpose, in agreement with the procedure established through regulations adopted by the System, in coordination with the Puerto Rico Police.
Compliance with the registry requirements established by this Act shall be a condition for enjoying the benefits of provisional freedom or parole, or for participating in a diversion or rehabilitation program established by the Department of Corrections and Rehabilitation. Failure to comply with any requirement shall be sufficient cause for the revocation of these benefits.
The information pertaining to the person convicted of the crimes listed in subsection
(a) of Section 3 of this Act, shall be maintained in the Registry for a minimum of ten (10) years from the date in which the person finished serving the jail term since the date in which same began to serve the sentence under the benefits of provisional freedom or parole. Once said term elapses, the name and data of the person shall be eliminated from the Registry. Said information can only be eliminated from the Registry prior to
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the ending of the period of ten (10) years if the conviction that entails the application of this Act is repealed by the court or if the convict receives a pardon or exemption. The System shall adopt the regulations necessary to comply with the provisions set fort herein.
Information pertaining to persons who have relapsed in the commission of crimes listed in subsection
(a) of Section 3 of this Act, or convicted by acts in which the sexual offender penetrates a victim of any age by force or intimidation, or those convicted of acts in which the offender penetrates a victim of less than twelve (12) years of age, shall remain in the Registry during the life of the offender."
Section 3.- This Act shall take effect immediately after its approval.
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I hereby certify to the Secretary of State that the following Act No. 123 (S.B. 1591) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection
(c) and
(d) of Section 4 of Act No. 28 of July 1, 1997, as amended, to create a Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse; for the purpose of complying with the recently added federal legislation requirements, known as the "Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $15^{ ext {th }}$ of April of 2004.
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CERTIFIES: That it is a faithful and exact copy of the original approved and signed by the Acting Governor of the Commonwealth of Puerto Rico! | |
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GiseLLE ROMERO GARCIA! | |
DEPUTY SECRETARY OF SERVICES | |
Es política pública del Estado Libre Asociado de Puerto Rico, proveer a los niños y adolescentes la atención, cuidado y todas aquellas oportunidades que propendan a su mejor y más completo desarrollo físico, emocional e intelectual. La Liga Atlética Policíaca, fundada el 22 de abril de 1943, es decir, hace cerca de 60 años, cumple ese propósito y labora intensamente para ello, desde su nacimiento como organización cívica. $\ddagger$ | |
$\ddagger$ | |
Esta prominente organización, mediante el deporte, el modelaje de policías altamente educados y actividades de diversa naturaleza, efectivas para el desarrollo integral de niños y adolescentes, agrupa en este momento a más de 28,000 niños, a quienes protege del vicio, la droga y el crimen. Durante sus 60 años de existencia, miles de profesionales, líderes cívicos, del comercio, la industria y la política, se beneficiaron de sus actividades, dirigidas a proveer esparcimiento, recreación sana y liderazgo. $\ddagger$ | |
$\ddagger$ | |
Muchos de nuestros líderes cívicos y políticos del presente formaron parte de la Liga. Así, por vía de ejemplo, el Honorable William Miranda Marín, Alcalde del Municipio de Caguas; el Honorable Aníbal Meléndez, Alcalde del Municipio de Fajardo, la artista Iris Chacón y el sobresaliente pelotero de Grandes Ligas, Bernie Williams. Asimismo, una cantidad considerable de alcaldes, artistas, abogados, médi |
$\square$
To designate the fourth week of April of each year as the "Week of the Police Athletic League."
Page 2: [2] Deleted Henry Dahl $3 / 15 / 200411: 45: 00$ AM It is the public policy of the Commonwealth of Puerto Rico to provide children and adolescents with attention and care, and all those opportunities leading to their better and more complete physical, emotional and intellectual development. The Police Athletic League, founded on April 22, 1943, that is to say, approximately sixty years ago, complies with such objective, and has worked intensely for it, since its creation as a civic organization.
This prominent organization, through sports, the modeling of highly educated police and activities of various types, effective for the complete development of children and adolescents, comprises presently more than 28,000 children, who are protected from vice, drugs and crime. Throughout the 60 years of its existence, thousands of professionals, civic, business, industry and political leaders benefited from its activities, aimed at providing health enjoyment and recreation and leadership.
Many of our present civic and political leaders formed part of the League. So, as an example, the Honorable William Miranda Marín, Mayor of the Caguas Municipality; the Honorable Aníbal Meléndez, Mayor of the Fajardo Municipality, the artist Iris Chacón and the outstanding Big League player, Bernie Williams. In the same way, a
considerable amount of mayors, artists, attorneys, physicians and radio and television personalities form part of this significant list.
The Police of Puerto Rico and the citizenry, through the federations of Athletic League parents, established in all of Puerto Rico's towns, make extraordinary efforts to protect, direct and channel our childhood through the path of a healthy social togetherness. This effort, without doubt, must be acknowledged and stimulated by all the community. The designation of the fourth week of April as "Week of the Police Athletic League", serves this purpose well and allows the people to participate in a collective act that acknowledges, values and adds to the meritorious social benefit of this praiseworthy organization.
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THE LEGISLATIVE ASSEMBLY OF PUERTO RICO DECREES:
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May 19, 2003 |
Es política pública del Estado Libre Asociado de Puerto Rico, proveer a los niños y adolescentes la atención, cuidado y todas aquellas oportunidades que propendan a su mejor y más completo desarrollo físico, emocional e intelectual. La Liga Atlética Policíaca, fundada el 22 de abril de 1943, es decir, hace cerca de 60 años, cumple ese propósito y labora intensamente para ello, desde su nacimiento como organización cívica.
Esta prominente organización, mediante el deporte, el modelaje de policías altamente educados y actividades de diversa naturaleza, efectivas para el desarrollo integral de
niños y adolescentes, agrupa en este momento a más de 28,000 niños, a quienes protege del vicio, la droga y el crimen. Durante sus 60 años de existencia, miles de profesionales, líderes cívicos, del comercio, la industria y la política, se beneficiaron de sus actividades, dirigidas a proveer esparcimiento, recreación sana y liderazgo.
Muchos de nuestros líderes cívicos y políticos del presente formaron parte de la Liga. Así, por vía de ejemplo, el Honorable William Miranda Marín, Alcalde del Municipio de Caguas; el Honorable Aníbal Meléndez, Alcalde del Municipio de Fajardo, la artista Iris Chacón y el sobresaliente pelotero de Grandes Ligas, Bernie Williams. Asimismo, una cantidad considerable de alcaldes, artistas, abogados, médicos y personalidades de la radio y la televisión integran esta significativa lista.
La Policía de Puerto Rico y la ciudadanía, por medio de federaciones de padres de la Liga Atlética, establecidas en todos los pueblos de Puerto Rico, hacen esfuerzos extraordinarios para proteger, dirigir y encauzar a nuestra niñez por el camino de la sana convivencia social. Ese esfuerzo, sin lugar a dudas, debe ser reconocido y estimulado por toda la comunidad.