Esta ley enmienda la Ley de Sustancias Controladas de Puerto Rico para establecer un límite máximo de seis (6) meses para la pena de servicios comunitarios impuesta como alternativa a la prisión en casos de posesión simple de sustancias controladas para personas no adictas.
(Approved February 22, 2003)
To amend sub-section
(c) of Section 404 of Act No. 4 of June 23, 1971, as amended, known as the "Controlled Substances Act of Puerto Rico," to set forth that the penalty of community services shall be imposed up to a maximum of six (6) months.
Act No. 356 of September 2, 2000, amended sub-section
(b) (1) and added a sub-section
(c) to Section 404 of Act No. 4 of June 23, 1971, as amended, known as the "Controlled Substances Act of Puerto Rico," to set forth the penalty of a fine and community work or services as an alternative in cases of simple possession of controlled substances for those indicted who are not addicts and who approve a preventive orientation course against the use of controlled substances, and for other purposes.
The amendment made to Act No. 4, supra, has the consequence of providing the alternative of imposing upon the convict the penalty of a fine and the penalty of rendering work or services in the community in cases where a prison term is not necessary for the best rehabilitation of the convict. However, the alternative to the penalty of a fine and community work or services shall not be an option for those convicts who pose a threat to society, whose only alternative is the present sub-section
(a) , nor for those who are qualified as a provider of services authorized by the Mental Health
and Addiction Services Administration as addicted to controlled substances, who require the services of a rehabilitation or supervision program under custody, as set forth in sub-section
(b) of said Act.
The penalty of community work or services does not represent a right of the convict, but a privilege that the Court may grant in the exercise of its discretion, considering the nature of the act, the needs of the convict, and the safety of our people, reserving the space in the penal institutions of Puerto Rico for those people who need to be separated from society.
Sub-section
(c) of Section 404 operates at the convict's request, before the judgment is issued against him for violating sub-section
(a) of said Section. Once the application is made, the Court shall order a provider of services authorized by the Mental Health and Addiction Services Administration to subject the convict to an evaluation procedure of a bio-psycho-social nature, the cost of which shall be paid by said person, and to submit a report with findings and recommendations within thirty (30) days following the order. The report shall contain the background and history of the convict in relation to his use of controlled substances and the results of the tests, with recommendations. Said report will allow the Court to analyze a complete picture on the condition of the convict, to be able to recommend his imprisonment and treatment, or to impose the penalty of a fine in conjunction with the rendering of work or services in the community.
However, Act No. 356, supra, does not provide parameters with regard to the term for the rendering of work or services in the community. The Court has total discretion, not only to impose the penalty, but also to determine the term of the same. This being so, the imposition of such penalty may have the consequence of a discriminatory application and may, in its turn, establish classifications vulnerable to a constitutional attack. This
results from the fact that said Act does not establish criteria or parameters for determining same. This could result in a person being subject to the penalty of work or services in the community for an unreasonable time, or that the field where these people would be assigned to perform such work or services becomes saturated.
This Legislature is convinced that it is necessary to establish a term for the imposition of such penalty, so that its application does not become unreasonable, unjust or discriminatory by the imposition of different terms upon different people.
Section 1.- Sub-section
(c) of Section 404 of Act No. 4 of June 23, 1971, as amended, is hereby amended to read as follows: "Section 404.- Penalty for simple possession, conditional discharge and expunging of records for first offense
(a) $\ldots$
(b) $\ldots$
(c) Before rendering judgment for any person found guilty of violating sub-section
(a) of this Section, be it after the lawsuit ends or through a guilty plea, the Court, at such person's request, shall order that a provider of services authorized by the Mental Health and Addiction Services Administration to subject the convict to a bio-psycho-social evaluation procedure, the cost of which shall be paid by the convict, except if he is indigent. Said provider of services shall submit a report to the Court within thirty (30) days following the order. The report shall contain the background and history of the convict in relation to his use of controlled substances and the results of the tests, with recommendations. If based on such report and the file of the case, the Court determines that the convict does not represent a
danger to society, and that he is not a controlled substance addict, to the extent of needing the services of a rehabilitation program, the Court may, with the consent of the Public Ministry, issue a resolution imposing upon him the penalty of a fine of not less than one thousand $(1,000)$ dollars, nor more than ten thousand $(10,000)$ dollars, and a penalty of community services up to a maximum of six (6) months. Additionally, the Court shall order the convict to take, at his own expense, a preventive orientation course against the use of controlled substances with any provider of services acknowledged by the Mental Health and Addiction Services Administration. $\qquad$ $\qquad$ $\qquad$ $\qquad$ "
Section 2. - This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 77 (H.B. 1112) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend sub-section
(c) of Section 404 of Act No. 4 of June 23, 1971, as amended, known as the "Controlled Substances Act of Puerto Rico," to set forth that the penalty of community services shall be imposed up to a maximum of six (6) months, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 9 of March of 2004.
Elba Rosa Rodríguez-Fuentes Director