Esta ley enmienda la Ley Núm. 75 de 8 de julio de 1986, conocida como la "Ley del Programa de Justicia Juvenil y Prevención de la Delincuencia", para definir los términos "Persona Joven", "Juventud" y "Personas Jóvenes" como aquellos entre 13 y 29 años de edad. También establece el 30 de abril de cada año como la fecha límite para que el Director del Programa rinda un informe anual al Gobernador y a la Legislatura sobre la operación del Programa, el uso de los fondos y la evaluación de los proyectos subvencionados.
(S. B. 1797) (Conference) (No. 41) (Approved on January 8, 2004)
To add a Section 1 A and amend Section 5 of Act No. 75 of July 8, 1986, as amended, known as the "Juvenile Justice and Delinquency Prevention Program Act", for the purpose of establishing the definition of "Young Person" "Youth" and "Young Persons"; as well as to establish the $30^{ ext {th }}$ of April of each year as the deadline for the Program Director to render the annual report to the Governor and to the Legislature, on the operation of the Program, the use made of the funds and the result of the evaluation of the subsidized projects.
In our legal system there is a series of legislative acts that recognize the rights, benefits, privileges and protection of young Puerto Ricans. For example, Act No. 34 of July 13, 1978, as amended, creates the Youth Affairs Advisory Council Act, as well as the Office of Youth Affairs, as the primary government offices in the Commonwealth with the duties, among others, of developing the public policy on Puerto Rican youth and human services programs addressed to such effects, as well as coordinating the services to be offered to this sector of the population by the different government agencies concerned.
On the other hand, with the purpose of doing everything possible to rekindle hope and faith in themselves, in the Government and in our society in general, including the development and implementation of viable options to direct young Puerto Ricans to a productive life of progress and well-being for them, and consequently, for all of Puerto Rico, Act No. 75 of July 8,
1986, known as the "Juvenile Justice and Delinquency Prevention Program Act" was approved.
A study of Act No. 75, supra, shows that there are no definitions of the terms "Young Person", "Youth" and "Young People", which are used throughout the text of said Act. Furthermore, every organic acts of a government agency must establish their jurisdiction, that is to say, the scope of operation or coverage area. This is done by defining the population to be served, or, to wit, defining the population whose "matters" will be attended to, that is to say, defining what population group is included, or who are included in the terms "Young Person", "Youth" and "Young People".
For example, in Puerto Rico, an under-age person commonly known as a "minor," is any person who has not attained majority. According to our Civil Code, "majority upon attaining the age of twenty-one" (See Section 247). Even Act No. 289 of September 1, 2000, known as the "Bill of Rights and Duties of Children, their Parents or Guardians and the State," recently amended by Act No. 59 of July 18, 2001, reaffirms that majority is attained at twenty-one (21) years. Consequently, in Puerto Rico, a "minor is any person under twenty-one (21) years of age, that is to say who has not attained the age of twenty-one (21).
As an example of the jurisdiction defined by an agency in its own organic act with regard to the term "minor", is the case of the Child Support Administration (ASUME), whose jurisdiction is based on cases of child support, other than exceptional circumstances provided by law or applicable jurisprudence.
On the other hand, in Puerto Rico there is another population sector duly identified and defined. It is that of elderly people that, legally speaking, are those sixty years of age or over (See Act No. 121 of July 12, 1986, as
amended, known as "Bill of Rights of Elderly Persons"). For example, Act No. 68 of July 11, 1988, as amended, known as "Office for the Affairs of the Elderly Act," establishes the legal definition of an elderly person, establishing this agency's jurisdiction on that specific group of the population.
Therefore, if a minor is a person who has not attained the age of twentyone (21), and a person of advanced age is a person who is sixty (60) years of age, or more, one is forced to conclude, in the absence of a legal provision to such effect, that a "young person" is every person between the age of twenty-one (21) and fifty-nine (59) years of age. However, this is not entirely correct.
A legal evaluation of the human services programs addressed to the needs of this section of the population, to wit, the young people, at the federal as well as at the state level, shows that the population to be considered is between thirteen (13) and twenty-nine (29) years of age.
According to information provided in public hearings by the Board of Director of the Office for the Affairs of the Elderly before the Puerto Rican Senate Commission for Social Welfare and Special Communities, the "Juvenile Justice and Prevention of Delinquency Program," created by virtue of Act No. 75 of July 8, 1986, is nourished by federal funds, among other funds, has those persons who are between 13 and 29 years of age as its target population. Thus, the federal funds designated for these purposes and for this specific population, are not at risk. On the federal, as well as the international level, there is an understanding that a person between the age of 13 and 29 years, is a young person.
A reading of the bulletin "The Way We Are - Services" edited by the Office of Youth Affairs, declares the mission of the agency to "ensure the
implementation of the public policy of the Commonwealth of Puerto Rico, taking into account the hopes and goals of young people, between the age of thirteen (13) to twenty-nine (29) years, through the coordination of direct services in an immediate, accessible and efficient form, with the cooperation of public agencies, private entities, the citizenry and the active participation of our youths to promote the complete development thereof." As we have seen, it has been through the determination of the agency itself that its jurisdiction has been established, obviously using the federal programs and assistance as a frame of reference. However, it is necessary that said jurisdiction be formally included as part of the juridical body that governs said agency, so that effective juridical effects will be produced for those persons who are included within the definitions established by this Act and require some type of juridical recourse when they understand that a certain right has not been guaranteed for them. It is important to establish the agency's jurisdiction by law, as well as the target population so that it is permanently guaranteed, unless it is subsequently amended, following the entire legislative procedure, that persons who are between the age of 13 to 29 shall be served, and that they are not going to be affected by an arbitrary change of view and/or the priorities of the agency, which could very well happen when there are changes in public administrations every four years, or misuse of public funds, especially federal funds, as the case may be.
In another matter, Act No. 75, supra, specifically in Section 5, establishes the responsibility of the Director of the Program to render an annual report to the attention of the Governor and the Legislature on the operation of the Program, the use given to the funds and the result of the evaluation of the subsidized projects. However, the term to render said report is not specifically determined, and remains within the discretion of the
Director of the Program, on an uncertain date each year, which could even be December 31 of each year.
The Legislature of the Commonwealth of Puerto Rico has the obligation of seeking solutions of the problems confronting Puerto Rican society, through legal mechanisms. Therefore, it is imperative that it has all the needed information on the various problems that affect our Puerto Rico, in order to be in a position to perform its legislative functions responsibly. However, it is important for said information to be received no later than a specific period of time, since the success of the legislative activity is directly related to knowledge of the program in question. To such purpose, we suggest the date of April 30 of each year as the deadline for the Commission to submit the annual progress and achievements report. The report may be sent on or before April 30 of each year, which provides the opportunity to make the pertinent adjustments to the budget petition before the beginning of the next fiscal year, which is July 1 of each year.
In view of the above, this Legislature understands it is appropriate for the present legislation to become effective so that there is no doubt about which population sector is to be taken care of, in order to guarantee the rights it can resort to more effectively and efficiently.
Section 1.- Section 1A is hereby added to Act No. 75 of July 8, 1986, as amended, to read as follows: "Section 1 A.- Definitions For the effects of this Act, the following terms and phrases shall have the meaning stated below: (1) "Young person" - means any person who is between thirteen (13) and twenty-nine (29) years of age.
(2) "Youth" - refers to the total population groups between the age of thirteen (13) and twenty-nine (29) years. (3) "Young people" - shall have the same meaning as the term "Youth".
Section 2.- Section 5 of Act No. 75 of July 8, 1986, as amended, is hereby amended to read as follows: "Section 5.- Directorate: annual report The Program shall be directed by the Director of the Youth Affairs Office. The Director shall issue an annual report, no later than April 30 of each year, to the Governor and to the Legislature on the operation of the Program, the use given to funds and the result of the evaluation of the subsidized projects."
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 41 (S.B. 1797) (Considered) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add a Section 1 A and amend Section 5 of Act No. 75 of July 8, 1986, as amended, known as the "Juvenile Justice and Delinquency Prevention Program Act", for the purpose of establishing the definition of "Young Person" "Youth" and "Young Persons"; as well as to establish the $30^{ ext {th }}$ of April of each year as the deadline for the Program Director to render the annual report to the Governor and to the Legislature, on the operation of the Program, the use made of the funds and the result of the evaluation of the subsidized projects, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $17^{ ext {th }}$ of June of 2005.
Luis E. Fusté-Lacourt Director