Esta ley enmienda la Ley Orgánica de la Administración de Instituciones Juveniles para autorizar la creación de cuentas bancarias para los jóvenes confinados. Los fondos depositados en estas cuentas podrán ser utilizados para cumplir con las obligaciones de pensión alimentaria de estos jóvenes, según órdenes judiciales o administrativas.
(Approved September 23, 2004)
To add a Section 6A to Act No. 154 of August 5, 1988, as amended, known as the "Organic Act of the Juvenile Institutions Administration," to establish the creation of bank accounts for the clientele served by such institutions and to provide that, subject to compliance with the applicable federal and/or commonwealth laws and regulations, the funds deposited in these accounts shall be subject to consideration and utilization to comply with the child support obligations that these clients would meet whether provided by judicial and/or administrative order.
There is a need in Puerto Rico to give priority to the support and welfare of minors through family unity and compliance with child support payments. Child support obligations rest upon the commitment of responsible parents to ensure an excellent quality of life and an adequate education for minors to become successful persons in the future. Good communication and responsibility are the best legacy that parents can leave to their children to achieve balance in the development of minors. We are currently facing the problem of noncompliance by parents with respect to child support obligations.
As a consequence of this problem, minors lack their basic needs while the noncompliant parent makes personal use of the child support money. At present, juveniles that are held and confined in the diverse juvenile institutions of Puerto Rico perform different jobs, in the municipalities as well as in the institutions themselves, through which they generate their own
income. Pursuant to Act No. 116 of July 22, 1974, as amended, known as the "Organic Act of the Correctional Administration," inmates maintain their own bank accounts in the name of the institutions of the administration. In such accounts, the money and valuables received from the inmates for the services they render to any entity are deposited. In each institution, a Collections Officer is appointed, who is responsible for the receipt, custody and deposit of such income in the banking account.
On the other hand, as we shall mention, juveniles that are held and confined ("clientele") in the juvenile institutions receive money, valuables and income from different sources, which are administered in or through bank accounts under the jurisdiction of the juvenile institutions. However, by omission, in Act No. 154 of August 5, 1988, as amended, known as the "Organic Act of the Juvenile Institutions Administration," the matter of the creation of bank accounts for the clientele neither by provision of was established by law, nor by regulation.
However, there is no doubt that the funds deposited in the bank accounts of juveniles that are held and confined in the juvenile institutions of Puerto Rico could represent economic assistance for their dependents.
The public policy of the Commonwealth of Puerto Rico is to ensure the welfare of minors and their support. Therefore, the Legislature deems it necessary to consider and use the funds that juveniles who are held and confined maintain deposited in their bank accounts to guarantee that their children may have some financial support while their parents serve their debt to society.
It bears mentioning that the Supreme Court of Puerto Rico, in Wilma Quiñones v. Baltasar Jiménez Conde, 117 D.P.R. 1, (1986), resolved as follows, to wit: "Finally, with respect to the petitioner's statement that said
petitioner should be exempted from the obligation to pay child support while confined, this court is of the opinion that the statement does not proceed. In the first place, the petitioner is deprived of freedom due to the voluntarily made decision to disobey the orders of the court; in other words, the confinement was self-inflicted. Second, such exoneration would represent penalizing the party that is innocent of noncompliance because the innocent party claimed what it is entitled to under the law. Third, it is the opinion of this court that so doing would have the undesirable effect of supporting noncompliance." [Unofficial translation]
On the other hand, it is important to mention that this measure constitutes an a tool to raise awareness for the clientele in Puerto Rico's juvenile institutions, so that from the institution itself, as part of the rehabilitation process, they acknowledge and assume the responsibility that shall remain once they are released to the free community.
For all of the above, this measure yields mutual social benefits, for the full rehabilitation of juveniles held and confined in such institutions and for the wellbeing of Puerto Rico's minors depending on child support.
Section 1.- A Section 6A is hereby added to Act No. 154 of August 5, 1988, as amended, to read as follows: "Section 6A.- Bank Accounts of the Clientele The creation of bank accounts in the name of each of the institutions of the Administration is hereby authorized, for the deposit of:
(a) all the monies and valuables received from the members of the clientele when they are held in a juvenile institution;
(b) all the monies and valuables received for the clientele from their families or individuals while they are held in the juvenile
institution;
(c) all income earned by the clientele for services rendered to any entity; and d) any other income received for the clientele in juvenile institutions.
The Secretary of the Treasury, in consultation with the Administrator, shall appoint a Collections Officer in each juvenile institution, who shall be responsible for the receipt, custody and deposit in the bank account of the clients any monies, valuables and income.
The Secretary of the Treasury, in consultation with the Administrator, shall appoint a Paymaster in each juvenile institution, who shall be responsible for making the disbursements to be charged against the bank accounts.
The Secretary of the Treasury, in consultation with the Administrator, shall promulgate the necessary regulations to receive, deposit and disburse the funds deposited in the bank accounts whose creation is hereby authorized and to establish the internal control measures and the accounting of the operations.
Subject to compliance with the applicable federal and/or Commonwealth laws and regulations, and the applicable federal or Commonwealth jurisprudence, the funds deposited in the bank accounts of the clientele shall be subject to consideration and utilization to comply with the child support obligations that these clients would meet, whether provided by judicial and/or administrative order."
Section 2.- This Act shall take effect six (6) months after its approval.
I hereby certify to the Secretary of State that the following Act No. 460 (S.B. 2413) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add a Section 6A to Act No. 154 of August 5, 1988, as amended, known as the "Organic Act of the Juvenile Institutions Administration," to establish the creation of bank accounts for the clientele served by such institutions and to provide that, subject to compliance with the applicable federal and/or commonwealth laws and regulations, the funds deposited in these accounts shall be subject to consideration and utilization to comply with the child support obligations that these clients would meet whether provided by judicial and/or administrative order, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $18^{ ext {th }}$ of June of 2007.
Francisco J. Domenech Director