Esta ley enmienda varias secciones de la "Ley Orgánica de la Administración de Corrección" para ajustarla al nuevo Código Penal de Puerto Rico. Se modifican disposiciones sobre la organización de servicios correccionales, programas de monitoreo electrónico, ineligibilidad para programas de desvío, reducción de términos de sentencia y créditos por trabajo, estudio o servicios. También se añaden disposiciones sobre la certificación de rehabilitación y la supervisión de penas alternativas.
(Approved September 15, 2004)
To amend Sections 5, 10, 10A, 16, 17, 20 and 50 of Act No. 116 of July 22, 1974, as amended, known as the "Corrections Administration Organic Act," in order to adjust the same to the new Penal Code of the Commonwealth of Puerto Rico.
This is one of several amendments to the laws that are affected with the approval of the new Penal Code of the Commonwealth of Puerto, which it turn repeals the Code now in effect approved through Act No. 115 of July 22, 1974.
It becomes imperative to adjust the body of laws as a whole so as to give it uniformity when the new Penal Code is introduced.
Section 1.-Subsections
(b) and
(m) are hereby amended and subsections
(t) and
(u) added to Section 5 of Act No. 116 of July 22, 1974, as amended, to read as follows: "Section 5.-In order to achieve its objectives, the Administration shall have the following duties and powers:
(a) ---
(b) Organize correctional services to the effect that rehabilitation shall have the highest priority among the objectives of the Commonwealth of Puerto Rico. To such ends: (1) design a new diversified system of institutions, programs and human resources that make feasible the implementation of better individualized treatment; (2) increase the creation of lesser capacity institutions that may be semi-closed, open or of any other type that will allow the treatment needed to help the members of the correctional population to return to the free community within the shortest time possible when this is compatible with the public safety; (3) use the method of rehabilitation within the community to the greatest possible extent, to include among other means, work, study or treatment programs when this is compatible with the public safety; (4) include within the rehabilitation process, ample opportunities for acquiring skills, training and knowledge to allow the members of the correctional population to return to the community properly equipped to ensure a dignified existence; and (5) channel the support of the citizens leading to the creation of innovative rehabilitation programs in the community strengthened by community services.
(c) (d)
(e) (f)
(m) Administer the services required by the members of the correctional population under electronic monitoring programs, freedom on probation, under therapeutic restriction, under domiciliary restriction or under the security measures and parole in the custody or under the supervision of the Administration, taking also into consideration the conditions imposed by the Parole Board, the terms of the sentence or the security measures imposed by the Court, as the case may be. To that end: conduct investigations and render the necessary reports regarding the conduct of the members of the correctional population, conduct the required evaluations and maintain effective coordination with said Board or with the Court.
(n) (o)
(p) (q)
(r) (s)
(t) Draft, jointly with the Secretary of Justice, the Regulations needed to establish the procedure for evaluating the adjustment of the inmate and to issue and process the rehabilitation certification as established in Section 104 of the Penal Code of the Commonwealth of Puerto Rico and in Section 7 of the Constitutional Rehabilitation Mandate Act.
(u) Draft the Regulations needed to execute and supervise therapeutic restriction, domiciliary restriction and community
service penalties as established in the Penal Code of the Commonwealth of Puerto Rico and the purposes of this Act."
Section 2.-Clause (1) of Section 10 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "Section 10. (1) Should the inmate fail to return he/she shall incur the crime of flight to which shall apply the provisions of Section 281 of the Penal Code of the Commonwealth of Puerto Rico. (2) $\qquad$ Section 3.-The first paragraph of Section 10-A and subsections
(a) ,
(b) ,
(c) and
(d) are hereby amended and a subsection
(e) added to Section 10-A of Act No. 116 of July 22, 1974, as amended, to read as follows: "Section 10-A. Ineligibility to diversion programs. The following persons shall not be eligible to participate in diversion programs in the community established by the Administration according to the powers conferred to the latter by this Act, nor in the Halfway House Programs:
(a) Any convict who is serving a sentence for conduct displayed prior to the effective date of the new Penal Code of the Commonwealth of Puerto Rico, for the following crimes: (1) (2) (3)
(b) Any person convicted and sentenced for acts committed prior to the effective date of the new Penal Code of the Commonwealth of Puerto Rico for the commission of any felony not included in subsection
(a) of this Section, until said person has served at
least twenty (20) percent of the sentence of imprisonment in a correctional institution, excluding any type of reduction and who does not represent a threat to the community as determined by the Corrections Administrator.
(c) Any person convicted of a felony about whom a determination of aggravated recidivism or habitual recidivism has been made according to the provisions of Act No. 115 of July 22, 1974, known as the "Penal Code of the Commonwealth of Puerto Rico."
(d) Any person convicted who has not satisfied the special penalty provided by Section 49-C of Act No. 115 of July 22, 1974, as amended, or its equivalent, Section 67 of the new Penal Code of the Commonwealth of Puerto Rico.
(e) Any person sentenced to the penalty of imprisonment under the new Penal Code of 2004, for a felony in all its degrees, or recidivism in all its degrees.
Those inmates under the custody of the Administration with health problems whose prognosis indicates a short life span and who also suffer from limiting physiological conditions may be excluded from the application of the provisions of this Section. For this exclusion to apply the Correctional Health Program must issue a recommendation to that effect, accompanied by a medical certificate indicating the life expectancy prognosis of the inmate. Furthermore, the inmates must not constitute a danger to the community.
None of the provisions of this Section impairs the duty of the Corrections Administration to provide treatment and rehabilitation pursuant to the provisions of this Act and the Constitutional Rehabilitation Mandate Act.
Section 4.-Section 16 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "Section 16.-Reduction in terms of sentence system. Any person sentenced before the effective date of the new Penal Code of the Commonwealth of Puerto Rico to a term of imprisonment in any institution, or who is enjoying a furlough granted pursuant to the provisions of this Act or who is confined in any government or private entity as part of a rehabilitation program or is on parole, who observes good conduct and assiduity, shall be entitled to the following reductions in the term of his/her sentence to be computed from the date of his/her confinement in the institution in question or from the moment he/she is granted parole:
(a) $\qquad$
(b) $\qquad$
This reduction shall be made by the natural month and if the sentence contains a fraction of a month, either at the beginning or at the end of the sentence, he/she shall be accredited two (2) days for every five (5) days or part thereof, contained in said fraction.
Any conviction that entails a penalty of imprisonment of ninety-nine (99) years, or any conviction that leads to a determination of aggravated recidivism or habitual recidivism pursuant to subsections
(b) and
(c) of Section 62 of Act 115 of July 22, 1974, as amended, known as the "Penal Code of the Commonwealth of Puerto Rico" or any conviction imposed in absence of payment of a fine or any conviction that must be served in calendar years, shall be excluded from the credits established in this Section.
Any person sentenced to a penalty of imprisonment under the new Penal Code of 2004, is also excluded from the credits provided in this Section.
Section 5.-Section 17 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "Section 17.-Credit for work, study or services. To any person sentenced for acts committed prior to the effective date of the new Penal Code of the Commonwealth of Puerto Rico to a term of imprisonment, in addition to the credits authorized in the preceding Section, the Corrections Administrator may grant credits at the rate of not more than five (5) days for each month in which the inmate is employed at some industry or is following studies as part of an institutional plan, be it in the free community or at the penal establishment where he/she is serving his/her sentence and is rendering services at the penal institution during the first year of imprisonment. Credit of up to seven (7) days per monthmay be granted for each subsequent year.
The credits provided may also be granted for exceptionally meritorious services or in the discharge of highly important duties in connection with institutional functions.
In the case of persons sentenced to terms of imprisonment for crimes committed under the new Penal Code of 2004, the Corrections Administrator may grant credits at the rate of one day per month in which the inmate is employed or is following studies or rendering services at the penal institution or for exceptionally meritorious or highly important services."
Section 6.-Section 20 of Act No. 116 of July 22, 1974, as amended, is hereby amended to read as follows: "Section 20.-Regulation of credits. The Administrator is hereby authorized to adopt regulations regarding the granting, cancellation and restitution of credits for good conduct, work and studies or for exceptionally meritorious or highly important services according to this Act and the norms provided in the new Penal Code of the Commonwealth of Puerto Rico. $\qquad$ Section 7.-A subsection
(e) is hereby added and renumbered in Section 50 of Act No. 116 of July 22, 1974, as amended, to read as follows: "Section 50.- The Administrator shall see to the faithful compliance of the following standards, in addition to the standards, rules and regulations it promulgates:
(a) (b)
(c) (d)
(e) Every member of the correctional population shall be entitled to participate in rehabilitation, treatment, study or work programs compatible with his/her process for reintegration into society, subject to the provisions of the new Penal Code of the Commonwealth of Puerto Rico and the Constitutional Rehabilitation Mandate Act.
(f) No minors adjudged as adults may be confined in institutions used for the confinement of adults, except when the
confinement takes place in a room or hall entirely separate from the adults therein confined."
Section 8.-Effectiveness. This Act shall take effect when the Penal Code of the Commonwealth of Puerto Rico is made effective.
I hereby certify to the Secretary of State that the following Act No. 315 (S.B. 2707) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 5, 10, 10A, 16, 17, 20 and 50 of Act No. 116 of July 22, 1974, as amended, known as the "Corrections Administration Organic Act," in order to adjust the same to the new Penal Code of the Commonwealth of Puerto Rico, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $6^{ ext {th }}$ of December of 2005.
Francisco J. Domenech Director