Esta ley crea un Registro de Personas Convictas por Delitos Sexuales y Abuso de Menores en Puerto Rico. Establece quiénes deben registrarse, sus obligaciones y las de las entidades gubernamentales involucradas. Permite la declaración de un ofensor sexual peligroso y regula la disponibilidad de la información del registro para las agencias de ley y orden y la comunidad. Prohíbe a ciertas personas convictas por estos delitos y otros con violencia o depravación moral. Modifica leyes existentes para incluir el registro como condición para la probatoria y la libertad bajo palabra. Deroga la Ley Núm. 28 de 1 de julio de 1997.
(Approved September 9, 2004)
To create a Registry of Persons Convicted of Sexual Crimes and Child Abuse; to establish who shall be registered therein, their obligations and responsibilities and those of the concerned government entities; to provide for a declaration as a dangerous sexual offender; to provide for the availability of the information and notification to the community; to prohibit persons convicted for sexual crimes, child abuse and certain felonies and misdemeanors involving violence or moral depravity; to establish penalties; to empower the departments and instrumentalities of the Commonwealth Government to adopt the necessary regulations; to amend the second paragraph of Section 2A of Act No. 259 of April 3, 1946, as amended, which establishes the probation system and subsection
(a) of Section 3 of Act No. 118 of July 22, 1974, as amended, which creates the Parole Board, to impose registration therein as a condition for the benefits of probation and parole, as provided by this Act; and to repeal Act No. 28 of July 1, 1997, as amended.
Sexual abuse is one of the most serious acts of violence than can be committed against a person. It is a social reality that affects our population and a cause of great concern. Our code of laws addresses this type of conduct, in the substantive as well as in the procedural aspects, in a special way. The public policy in effect is to protect the victims of sexual crimes, as well as minors who are victims of abuse; sexual crimes as well those involving child abuse imply extremely grave conduct by the offender. This conduct is an assault against the dignity and privacy of the victim, which leaves profound scars on his/her personality. It generally causes serious traumas, especially with respect to minors,
since it affects their whole development and future life. The Commonwealth has the obligation to protect the citizenry and crime victims. In view of the consequences of criminal acts on the victims and their relatives, the Legislature has recognized certain rights for the victims of this type of crime through Act No. 22 of April 22, 1988, which contains the Bill of Rights of Victims and Witnesses of Crimes. In addition to ensuring that they receive a dignified treatment and the necessary protection and orientation services, the victim or witness should also be notified, not only of the developments of the proceedings, but also of the post-sentencing procedures when so requested. In order for crime victims to be informed by law, special legislation has been passed to guarantee the participation of victims of certain violent crimes in the procedures related to parole and that they shall be notified when the convict is soon to be released to the free community.
In view of the danger of recidivism in the commission of crimes that imply sexual crimes or that constitute child abuse, and due to the risk this entails and the harm that may be caused, it is necessary for both, the law enforcement agencies as well as the community to be notified of the whereabouts of those persons convicted of this type of crimes. With this purpose, a registration system of persons convicted of sexual crimes or child abuse is created by this Act. This shall allow the law enforcement agencies to know and identify the persons convicted for these crimes and to alert the citizenry, when necessary for the public safety.
Through this Act, the Registry of Persons Convicted of Sexual Crimes and Child Abuse is tempered to the Criminal Justice Information System. The physical and mailing address, as well as other personal information of persons convicted for any of the crimes stated in the law shall appear in said Registry once they return to the free community. The Registry hereby created does not have a punitive purpose, it is a means through which the Commonwealth may watch over the general safety,
protection and welfare of its people. The Legislature of Puerto Rico, aware of the need to inform victims and the desirability of continuing to broaden the framework of action and adopting a preventive stance in an area of such importance and sensitivity for the common welfare, deems it imperative to extend the scope from the mere compiling and disclosing information pertaining to persons convicted of sexual crimes and child abuse. It is necessary to foresee and prevent, to the extent possible, those situations that may result in child and elderly abuse.
In recent years, the proliferation of care centers for these groups which deserve special protection, makes it compelling for the Commonwealth, to take extraordinary measures for their protection in the exercise of its parens patriae responsibility. In the federal ambit, a series of measures geared toward the protection of these high interest groups have been identified. Public Law No. 103322 of September 13, 1994, better known as the "Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program," requires the states, including Puerto Rico, to adopt legislation so that persons convicted of certain types of crime of sexual nature and against minors fulfill the obligation of including their information in a register created for such purposes, for at least ten (10) years. The main purpose of this federal legislation is to protect the citizenry from persons convicted of sexual crimes and those who abuse minors through the establishment of the requirement of registration when the convict returns to the free community. The "Pam Lychner Sexual Offender Tracking and Identification Act" of January 3, 1996, authorizes the U. S. District Attorney to establish a Data Center attached to the Federal Bureau of Investigations, (FBI), to follow-up at a national level on the location and relocation of convicted sexual offenders whose victim is a minor, violent sexual offenders and violent sexual predators.
This measure constitutes an additional step in the struggle to protect our
citizenry from dangerous sexual aggressors, assuring a better quality of life for them.
Section 1.-Statement of Public Policy It is hereby declared as the public policy of the Government of the Commonwealth of Puerto Rico to protect the community from acts which constitute sexual abuse and child abuse. In view of the danger that a person convicted of crimes of this nature would incur this conduct again and the risk that said person could represent and the damage that could be caused by a person with unrepressed tendency to commit sexual crimes, it is necessary to establish a Registry in which the offender's address and personal information as well as other relevant data shall appear. Through said Registry, all persons or entities that request it shall be kept informed of the whereabouts of such persons convicted of sexual crimes or child abuse, as these terms are defined in the law, when they return to the free community. The Registry herein created is not of a punitive purpose; it is a means through which the State shall ensure the general safety, protection and welfare of the most vulnerable sectors which deserve the protection of our society. The mechanisms adopted and implemented pursuant to this Act are not for punitive purposes, but rather to exclusively guarantee the safety and welfare of the most vulnerable sectors which deserve the protection of our society.
Section 2.-Definitions: The following terms shall have the meanings indicated hereinbelow: (1) "Crimes against Minors" - The offenses listed in Section 3 of this Act when committed against a minor of less than eighteen (18) years of age. (2) "Sexual Crimes and Crimes against Minors" - The crimes listed in Section 3 of this Act. (3) "United States" - The states of the United States of North America, the
District of Columbia, its territories and possessions. (4) "Registry" - The Registry of Persons Convicted of Sexual Crimes and Child Abuse created by this Act. (5) "System" - The Criminal Justice Information System created pursuant to Act No. 129 of June 30, 1977, as amended. (6) "Sexual Predator" - Any person who commits a sexual offense against minors of less than eighteen (18) years of age.
Section 3.-Creation of the Registry of Persons Convicted of Sexual Crimes and Child Abuse:
A Registry of Persons Convicted of Sexual Crimes and Child Abuse is hereby created in the Criminal Justice Information System. The following shall be registered therein:
(a) Persons convicted for any of the following crimes or attempts thereto: rape, seduction, sodomy, lascivious or lewd acts; proxenetism, ruffianism or trade in human beings when the victim is a minor of less than eighteen (18) years of age and the offense is aggravated; crimes against the protection of minors, incest, deprivation of freedom when the victim is less than sixteen (16) year of age and is not a child of the offender, kidnapping when the victim is a minor of less than eighteen (18) years of age and not a child of the offender, child stealing, perversion of minors when admitting or retaining a minor of less than eighteen (18) years of age in a house of prostitution, or sodomy; aggravated abuse of a minor and conjugal sexual aggression, included in Articles 99, 101, 103, 105, 110(a) and
(c) , and in 111, 115, 122, 131(e), 137-A(a), 160 and 163(e) of Act No. 115 of July 22, 1974, as amended, and in Sections 3.2(g) and 3.5 of Act No. 54 of August 15, 1989, and the crime of child abuse established in Sections 52 and 53
of Act No. 177 of August 1, 2003, respectively.
(b) Persons who have been or are convicted by a federal, state or military court for crimes similar to those included in this Section who relocate to Puerto Rico to establish their domicile, or who are in Puerto Rico for reasons of work or study, even if they do not intend to establish their domicile on the Island.
(c) Persons who, on the effective date of this Act, are imprisoned or participating in any diversion program of the Corrections Administration for the commission of any of the crimes listed in this Section, and those persons whose freedom is revoked for failure to comply with any condition thereof.
(d) Persons who, on the effective date of this Act, were compelled to register pursuant to Act No. 28 of July 1, 1997, as amended. Likewise, those persons who, on the effective date of this Act, have served the sentence imposed for the commission of any of the crimes listed in this Section shall not be compelled to register.
Section 4.-Duties at the Registry:
(a) At the time of sentencing, the Court with jurisdiction shall order the Prosecution to notify the System of information such as the name, aliases, date of birth, home address, driver's license number, social security number, fingerprints, photograph, and other essential information which should be supplied by persons subject to the Registry pursuant to this Act. All the information gathered shall be entered into the registry within fifteen (15) days following the Court order.
(b) Before the registered person is released after having served the sentence, or under probation or parole, or to participate in a diversion,
treatment or rehabilitation program established by the Corrections Administration, the Corrections Administration shall notify said person that he/she must inform such release to the Police Headquarters of the jurisdiction in which he/she shall reside within less than ten (10) calendar days.
(c) The Corrections Administration shall also notify the person that he/she is compelled to report any change of residential address to the Police Headquarters of the jurisdiction in which he/she resides at least ten (10) days prior to said change of address.
(d) The Corrections Administration shall state in writing, that it has notified and explained to the person about his/her obligation to notify any change of residential address pursuant to subsections
(b) and
(c) of this Section. Such document shall be read and signed by the person compelled to register. A copy thereof shall be kept in the Corrections Administration, another copy shall be sent to the System, and another shall be delivered to the convict. If the person fails to comply with the obligation to notify any change in residential address, he/she shall be subject to the provisions of Section 11 of this Act. The Corrections Administration shall be responsible for keeping updated records by entering the corresponding data, such as: the date of notification, date of release, address and other essential data to be supplied by persons subject to the registry, as set forth in this Act.
(e) The Police, the Department of Justice, the Corrections Administration the Parole Board and the General Court of Justice shall provide the System with the corresponding information necessary to comply with the purposes of this Act.
(f) Violators from other states shall be evaluated prior to their entrance in
Puerto Rico. Once the Corrections Administration remits the information provided in subsection
(d) of this Section to the System and all the necessary data is entered into the System, the information shall be immediately available through computer terminals configured in the telecommunications network of the System for use by the Police Headquarters of the jurisdiction in which the person shall reside.
The System shall immediately provide the information regarding the name, physical and mailing address, fingerprints, photographs and all other additional information compiled, as well as changes of address, if any, to the Federal Bureau of Investigations. The Police Headquarters shall notify and update through computer terminals configured to the telecommunications network of the System, all the corresponding records in the Registry including changes of residential address of the persons registered, as provided by this Act. If the registered person relocates to the United States, the System, within the following three (3) days after the receipt of the information, shall notify said transfer to the agency in the place designated to administer a Registry similar to the one created in this Act, if any.
Section 5.-Obligations of the Person Subject to the Registry: The registered person, as provided herein, shall notify the Police Headquarters of the jurisdiction in which he/she resides of any temporary or permanent change of address at least ten (10) days prior to moving, or in the case of a person from another country who has been convicted for sexual crimes or child abuse by a federal, military or state court in his/her country, and who establishes his/her residence in Puerto Rico, or who is in Puerto Rico for reasons of work or study, although his/her intention is not to establish residence, and is obligated to register, shall complete the registration within ten (10) days following his/her arrival in Puerto Rico.
All persons registered for having been convicted of any of the crimes listed in
subsection
(a) of Section 3 of this Act shall update the Registry annually, even if there have been no changes in the residential address initially furnished by completing the form provided by the Police Headquarters for such purpose, pursuant to the procedure established through regulations adopted by the System in coordination with the Puerto Rico Police.
Compliance with the requirements for registration established by this Act shall be a condition to enjoy probation or parole, or to participate in a diversion, treatment or rehabilitation program established by the Corrections Administration. Failure to comply with any requirement shall be cause for the revocation of these benefits.
The information of the person convicted for the crimes listed in subsection
(a) of Section 3 of this Act, shall be kept in the Registry for at least ten (10) years as of the date in which the imposed sentence was served. Said information shall only be eliminated from the Registry before the minimum term of ten (10) years if the conviction that entails the application of this Act is revoked by a court or if the convict receives an executive pardon or a total amnesty. The System shall adopt the regulations necessary to comply with these provisions.
Section 6.-Declaration as a Dangerous Sexual Offender; Obligations of the Person:
In cases of recidivism of sexual predators, and in those cases determined by the court, due to the nature of the sexual crime or the violent circumstances in which it is committed, the court shall order that two professionals specialized in human behavioral science and sexual problems examine the convict to determine whether the person has an irrepressible tendency toward committing sexual crimes because he/she suffers from a mental or personality disorder which makes him/her a threat to the community. The examination shall be performed and a report shall be rendered to the court within thirty (30) days following the decision or verdict. If
the court, based on said reports, determines that the person suffers a mental or personality disorder that compels him/her to perpetrate such type of conduct, it shall declare him/her a dangerous sexual offender. Once the person is notified of such decision, he/she shall submit his/her objections within ten (10) days as of the notification. The court shall establish a date for the hearing and the person may submit the pertinent evidence with all the guarantees of due process of law.
The person declared as a dangerous sexual offender shall be registered for life as established in this Act.
The person declared as a dangerous sexual offender shall notify Police Headquarters in the jurisdiction in which he/she resides of his/her address, or report that there has been no change thereto, following the procedure established by regulations adopted by the System, every ninety (90) days. Information on physical characteristics that identify the person, the date and place of birth and the social security number, place of work and criminal record shall also be included in the Registry.
Section 7.-Notice to the Law Enforcement Agencies and the Community: The information which appears in the System on the registered person, as set forth in this Act, shall be immediately available to law enforcement agencies, as well as to federal or state government agencies and dependencies in the performance of their duties. Said information shall also be provided to any person who requests it in writing, including private persons or institutions concerned due to the nature of the activities they perform, in view of the threat and danger that persons who commit any of the crimes included in this Act could represent for them. This includes, without it being understood as a limitation, the victim and his/her families, schools, child care institutions and establishments, recreational facilities and institutions for abused women and children. The System shall approve the necessary regulations for said information to be available to the public.
In such cases, the information registered in the System shall be provided by the Puerto Rico Police. The name of the crime victim shall not be disclosed.
The information which appears in the Registry shall be remitted electronically by the National Sex Offender Registry (NSOR) System of the Federal Bureau of Investigations (FBI).
Section 8.-Publication of the Registry on the Internet: The System is hereby authorized to disclose the name, address and other pertinent information on the Internet.
Section 9.-Appropriation of Funds: The sum of three million dollars $($ 3,000,000.00)$ from unencumbered funds in the Commonwealth Treasury is hereby appropriated to enable the System to implement this Act.
Section 10.-Qualified Immunity: Any person in charge of carrying out the purposes and duties imposed by this Act shall be held harmless and protected from civil liability when acting in good faith in the discharge of his/her duties.
Section 11.-Penalties: Any person who contravenes the provisions of this Act shall incur a misdemeanor, and if convicted, shall be sanctioned with the penalty of a fine which shall not exceed five thousand $(5,000)$ dollars, imprison must which shall not exceed six (6) months, or both penalties, at the discretion of the Court.
Section 12.-Powers of Regulation: The System is hereby expressly empowered to establish the necessary regulations to implement this Act.
Section 13.-The second paragraph of Section 2A of Act No. 259 of April 3, 1946, as amended, is hereby amended to read as follows: "Section 2A.-
... As a condition for probation, the sentenced person shall consent to submit to a regular program for the detection of the use of controlled substances by means of reliable tests that allow for his/her orientation, treatment and rehabilitation, and shall also comply with the registration of his/her name, address and other personal information in the Registry of Persons Convicted of Sexual Crimes and Child Abuse created by law in the Criminal Justice Information System when convicted for any of the crimes listed therein. . ."
Section 14.-Subsection
(a) of Section 3 of Act No. 118 of July 22, 1974, as amended, is hereby amended to read as follows: "Section 3.-Authority, Powers and Duties of the Board: The Parole Board shall have the following authority, powers and duties:
(a) Decree of Probation: May set free on parole any person confined in any of the penal institutions of Puerto Rico who has been or is convicted for crimes committed prior to the effective date of the law which establishes the Fixed Sentence System in Puerto Rico, or who has been or is convicted for crimes under the law which establishes the Fixed Sentence System in Puerto Rico when he/she has served half of the fixed sentence imposed except when the person has been convicted for murder in the first degree, in which case the Board shall assume jurisdiction when the person has served twenty-five (25) calendar years, or when he/she has served ten (10) calendar years, if the person convicted for such crime was a minor being tried as an adult. However, in cases of murder in the first degree committed under the modality included in subsection
(b) of Article 83 of Act No. 115 of July 22, 1974, as amended, the Board may not decree parole. The Board, in those cases in which it orders the release of the confined person on parole may impose those conditions it deems to be advisable, and fix conditions which may be altered, from time to time, as the case may warrant. The Board shall impose and shall not state in writing, as part of the conditions for parole, the parolees
commitment to incur delinquent conduct and not associate with persons known for their participation in illegal activities while enjoying the benefits granted by this Act.
In those cases in which it is determined that the person used a firearm in the commission of a felony, or its attempt, the benefit of parole shall not be granted.
As a condition for parole, the person shall agree to submit to a regular testing program for the detection of controlled substances by means of reliable tests that allow for his/her orientation, treatment and rehabilitation, and shall also register his/her name, address and other information in the Registry of Persons Convicted of Sexual Crimes and Child Abuse created by law in the Criminal Justice Information System, when the person has been convicted for any of the crimes included therein.
Furthermore, as a condition for parole, the parolee shall agree that if a court in a preliminary hearing, finds probable cause to believe that he/she has committed a felony, it shall not be necessary to hold the initial summary hearing established in Section 5 of this Act and he/she shall be imprisoned until the Board issues its final decision. The determination of probable cause in the commission of a felony or of noncompliance with the obligation to updated the Registry of Persons Convicted of Sexual Crimes and Child Abuse shall constitute sufficient cause for the parolee to be imprisoned until the Board issues its final decision. Parole shall be decreed in the best interests of society and when the circumstances allow the Board to believe with reasonable certainty that such a measure shall help in the rehabilitation of the delinquent. To determine whether parole is granted or not, the Board shall have before it all possible information on the social, medical, occupational and criminal record of the inmate, including the attitude of the community regarding the conditional release of the subject and an evaluation to be submitted by the Corrections Administration.
Section 15.-Separability Clauses If any clause, paragraph, section or part of this Act is declared unconstitutional by a Court with competence and jurisdiction, said ruling shall not affect nor invalidate the remaining provisions thereof and its effect shall be limited to the clause, paragraph, section or part which has been declared unconstitutional.
Section 16.-Repeal of Inconsistent Laws: Act No. 28 of July 1, 1997, as amended, is hereby repealed, as well as any other legal disposition that contravenes the provisions herein established.
Section 17.-Effectiveness This Act shall take effect ninety (90) days after its approval.
I hereby certify to the Secretary of State that the following Act No. 266 (S.B. 2917) (Conference) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to create a Registry of Persons Convicted of Sexual Crimes and Child Abuse; to establish who shall be registered therein, their obligations and responsibilities and those of the concerned government entities; to provide for a declaration as a dangerous sexual offender; to provide for the availability of the information and notification to the community; to prohibit persons convicted for sexual crimes, child abuse and certain felonies and misdemeanors involving violence or moral depravity; etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $7^{ ext {th }}$ of October of 2005.
Francisco J. Domenech Director