Esta ley crea el Instituto para la Capacitación y el Desarrollo del Pensamiento Jurídico, adscrito al Departamento de Justicia de Puerto Rico. Establece su organización, operación, poderes y deberes, con el fin de proveer educación continua y desarrollo profesional al personal del Departamento de Justicia, incluyendo fiscales, registradores de la propiedad y otros funcionarios. La ley también autoriza la aceptación de donaciones y la adquisición de bienes y servicios para el funcionamiento del Instituto, y asigna fondos para su operación.
(Approved August 9, 2004)
To create the Institute for the Training and Development of Juridical Thought, attached to the Department of Justice; to provide for its organization and operation; establish its powers and duties; and appropriate funds to execute the purposes of the Act.
The Department of Justice and its attached entities have been traditionally known for the large number of lawyers that work in behalf of the public interest from day to day in compliance with their respective official duties. This being the case, the training and juridical development of the lawyers that work in the Department of Justice must be a permanent and constant institutional priority, in view of the changing nature of Laws, the delicate duties that each of these professionals performs and the pressing demands of the public service in general. Therefore it is necessary to create optimum conditions and administrative means to enable the establishing of a continuing education program that will allow these professionals to participate in teaching-learning experiences in order to keep up-to-date in the normative and technical development of the Law. Furthermore, the legislative structure being proposed to comply with this endeavor is also conceived as a vehicle that will propitiate the establishing of a coherent and broad training program that not only spans the study of the different aspects
of the theory and practice of Law, but will also promote the critical and deep thought of the socio-legal problems that burden us as a people, in the search for viable solutions or options.
The Institute created through this Act, intends to not only provide the appropriate institutional vehicle to enable the achievement of the abovementioned wish, but it will have the legal and administrative systems that will give flexibility and agility to its teaching effort. The establishing of this Institute responds to a genuine commitment to promote on a continuing basis, the study and analysis of topics and matters pertinent to the scope of activities proper to the Department of Justice. It also gives life to the hope of forming a corps of public officials committed to justice and community interests within the Department of Justice, who are endowed with the knowledge, techniques, and legal skills that are indispensable to perform a competent professional practice.
Section 1.- Short Title This Act is denominated as the "Department of Justice Institute for the Training and Development of Juridical Thought Act."
Section 2.- Definitions For the purposes of this Act, the following terms shall have the meaning stated below:
(a) "Department" is the Department of Justice, created pursuant to the provisions of Section 6 of Article IV of the Constitution of the Commonwealth of Puerto Rico. It also includes the programs and entities presently attached by law or which in the future shall become a part of the Department.
(b) "Institute" means the Institute for the Training and Development of Juridical Thought, created by this Act.
(c) "Department Personnel" are the prosecuting attorneys, prosecutors, property registrars, court officials or paralegals, and such other personnel that the Secretary deems may benefit from the professional training program offered by the Institute.
(d) "Secretary" is the Secretary of Justice appointed pursuant to the provisions of Section 5 of Article IV of the Constitution of the Commonwealth of Puerto Rico.
Section 3.- Creation The Institute for the Training and Development of Juridical Thought is hereby created, attached to the Department, which shall be in charge of establishing a continuing professional education program for the training of Department personnel. The Institute shall foster the development of juridical studies and research addressed to promote the interests of justice, with the purpose of ensuring the highest level of professional training and commitment pursuant to the highest professional proficiency standards.
Section 4.- Administrative Organization The Institute shall be under the management of an Executive Director appointed by the Secretary, who shall be responsible to him/her for the effective operation of the entity. In addition, the Secretary shall establish an Advisory Council consisting of designated Department officials that shall assist in the development of and faithful compliance of the objectives that motivate the creation of the Institute.
The Secretary shall determine the administrative structure and assign the equipment and support personnel needed for the optimum performance of the Institute and shall provide for its appropriate location and use.
Section 5.- Duties The duties of the Institute are as follows:"
(a) Develop a permanent professional training program that incorporates innovative legal education strategies and methods to the professional endeavors of the Department Personnel.
(b) Promote the development of juridical studies and investigations geared to promote the interests of justice.
(c) Maintain the legal knowledge of the Department Personnel updated as determined by the Secretary regarding the most recent developments in the field of Law so that they may be used in fulfilling their ministerial duties and responsibilities.
(d) Propitiate the direct participation of Department Personnel in teaching-learning experiences that will allow them to keep updated in the knowledge and command of the necessary legal skills for their efficient and effective professional performance.
(e) Contribute to the disclosure of the knowledge and legal interest topics for the operation of the Department through a publication or journal of the work and investigations performed by the Institute, and of the use of new technology.
(f) Establish exchange relationships of professors and continued education experiences with other centers and universities in the Commonwealth of Puerto Rico and abroad through contracts and agreements.
(g) Stimulate discussion and the intense and sedate analysis of matters and problems of social-juridical interest in order to identify causes and offer practical and viable solutions.
(h) Establish inter-agency agreements for lawyers and other public
service personnel to benefit from the programs and offerings that are established by virtue of this Act. The Institute may establish charges for these services.
Section 6.- Executive Director The Executive Director, as the officer in charge of the planning, organization and execution of the research and training activities developed in the Institute, has the following duties and responsibilities:
(a) Outline the operational structure and propose the regulations for the operation of the Institute.
(b) Determine the existing training needs and program and develop the continuing education curriculum.
(c) Draft and present the operating budget of the Institute for the approval of the Secretary.
(d) Submit the continuing education curriculum of the Institute to the Secretary and, implement it upon his/her approval.
(e) Contract the faculty of the Institute, with the approval of the Secretary.
(f) Award, in conjunction with the Secretary, the diplomas and certificates that shall be issued during the development of the academic activities of the Institute.
(g) Prepare the support material needed for the teaching and research activities of the Institute.
(h) Administer and supervise the correct and reasonable use of the human and fiscal resources of the Institute.
(i) Supervise the personnel assigned to the Institute.
(j) Directly acquire, with the approval of the Secretary, such goods and services needed for the optimum operation of the Institute, pursuant to the
regulations adopted by the Secretary for such purposes.
(k) Perform any other related function assigned by the Secretary.
Section 7.- Advisory Council The Advisory Council has the following duties and responsibilities:
(a) Advise the Secretary on continuing education curriculum plans and proposals for the Department Personnel.
(b) Evaluate and make recommendations to the Secretary regarding the operational structure and regulations for the Institute proposed by the Executive Director.
(c) Examine the operating budget of the Institute submitted by the Executive Director and make the recommendations it deems pertinent.
(d) Evaluate all sabbatical leave applications of the Department Personnel and advise the Secretary with regard thereto, and consider, in conjunction with the Executive Director, their participation in the educational and training activities held by the Institute.
(e) Support the Executive Director in the implementation of the administrative and institutional policy guidelines issued by the Secretary regarding the activities, projects and other matters of the Institute.
(f) Promote the accreditation by the Supreme Court of Puerto Rico of the Institute as a continuing education provider, pursuant to the instructions of the Secretary.
Section 8.- Acceptance of Donations The Secretary is hereby empowered to accept donations or any other type of assistance, in cash or in kind, in order to foster and develop the training programs and scholarships, as well as to train the personnel in the use of new technologies. In the case of money, the donations shall be paid by the donor to the Secretary of the Treasury, who shall issue the corresponding receipt.
The amounts thus received shall be used exclusively to comply and execute the purposes of this Act. In turn, the funds generated by the fees imposed on those who participate in the inter-agency agreements, shall be solely and exclusively covered into the account of the Institute.
Section 9.- Acquisition of Goods and Services The Institute may acquire or lease goods and services of any kind, and sell or otherwise dispose of the property as deemed necessary, without being subject to the pertinent provisions of Act No. 164 of July 23, 1974, as amended, known as the "General Services Administration Act." Nevertheless, since the Institute is attached to the Department of Justice, the rules of the Exclusive Register of Bidders shall continue to apply to it.
Regarding other matters, the Executive Director as the purchasing officer of the Institute shall have maximum discretion and the broadest administrative flexibility to fully comply with the duties as provided in this Act and other laws of the Commonwealth of Puerto Rico. For such purposes, the Executive Director shall draft regulations according to the purposes of this Act, which whall be approved by the Secretary.
Section 10.- Budget Appropriations The sum of two hundred thousand $(200,000)$ dollars, from unencumbered funds in the Commonwealth Treasury, is hereby appropriated to defray the operating expenses of the Institute and comply with the purposes of this Act. The appropriated funds shall not have a fixed fiscal year in order to make their management more flexible. In subsequent years, the funds needed for the operations of the Institute shall be consigned in the General Expense Budget of the Commonwealth of Puerto Rico.
Section 11.- Special Fund A Special Fund is hereby created in the Treasury of Puerto Rico, into which the resources authorized by this Act, shall be covered. The Secretary shall use the resources of this Fund for the purposes authorized in this Act.
Section 12.- Effectiveness This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 206 (S.B. 2605) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to create the Institute for the Training and Development of Juridical Thought, attached to the Department of Justice; to provide for its organization and operation; establish its powers and duties; and appropriate funds to execute the purposes of the Act, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $12^{ ext {th }}$ of August of 2005.
Francisco J. Domenech Director