Ley 199 del 2007

AN ACT

To require that all the Departments, Agencies, Public Corporations and Instrumentalities of the Government of Puerto Rico establish a protocol for access, rendering of services, intervention and relations with the homeless; to require that all the Departments, Agencies, Public Corporations and Instrumentalities of the Government of Puerto Rico establish awareness trainings on the rights of the homeless, to be taken by all direct services officers; establish the scope of the Act; and for other purposes.

STATEMENT OF MOTIVES

The reality of the lives of the homeless is an extremely difficult one. Each day we read in the main newspapers of the Island how homeless persons are victims of the lack of sensitivity of the citizenry. Many are the Puerto Rican men and women who, for not having a roof over their heads are discriminated against to the extent that they are denied access to basic services. The news media has reported incidents of abuse and violence against these citizens. There are many government officers who lack the skills and the sensitivity necessary to attend them and, at times, they abuse their power by humiliating them and violating their dignity and respect, to which they also are entitled. In 1998, this Honorable Legislature took a transcendental step by establishing the Committee for the Implementation of the Public Policy on Homeless Persons. Eight years after the approval of this legislative piece, Puerto Rico still has not developed models to address the

---

homeless situation exemplifying democratic participation and access to public service in equal conditions.

This Legislature deems that it is necessary to extend and facilitate services for the homeless. This measure intends to guarantee to the homeless access to all public services in a dignified manner and with a high sense of respect.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

Section 1.- This Act shall be known as "An Act for the Rendering of Services to Homeless Persons," in the Public Instrumentalities of the Government of Puerto Rico.

Section 2.- Every Department, Agency, Public Corporation and Instrumentality of the Government of Puerto Rico that renders services, relates to or intervenes with homeless persons shall be under the obligation to develop a Service Protocol for the homeless. The Service Protocol shall be developed in harmony with the organic act of said Department, Agency, Public Corporation and Instrumentality and pursuant to the Bill of Rights of the Constitution.

Section 3.- Every Department, Agency, Public Corporation and Instrumentality of the Government of Puerto Rico that renders services, relates to or intervenes with homeless persons shall submit said Service Protocol to the Department of the Family in a term not to exceed one hundred and eighty (180) days as of the approval of this Act.

Section 4.- The Commission for the Implementation of the Public Policy on Homeless Persons of the Department of the Family and the Civil Rights Commission shall be responsible for the creation of an Ad Hoc Committee constituted by seven (7) members distributed as follows: one (1) member representing the Commission for the Implementation of the Public

---

Policy on Homeless Persons; two (2) members representing nonprofit organizations that render services directly to the homeless; two (2) member representatives who are homeless or who have had the experience of being homeless; one (1) member representing the Civil Rights Commission; and one (1) member representative of the public sector. The homeless persons shall be designated by the Commission for the Implementation of the Public Policy on Homeless Persons and the persons who represent the nonprofit organizations shall be designated by the Civil Rights Commission as well as the representative of the public sector. The Ad Hoc Committee may request advisory services from government officers and private entities when revising the Protocols.

Section 5.- Once the Services Protocol has been referred, the Ad Hoc Committee shall review and approve the same. In a term not greater than one hundred and eighty (180) days, the recommendations and/or approval of the Protocol(s) shall be notified to the Departments, Agencies, Public Corporations and Instrumentalities.

Section 6.- The Commission for the Implementation of the Public Policy on Homeless Persons, represented by the Ad Hoc Committee, shall be responsible for reviewing and approving the Service Protocols presented by the Departments, Agencies, Public Corporations and Instrumentalities of the Government of Puerto Rico within a term not greater than one hundred and eighty (180) days as of the filing thereof before the Commission. The Ad Hoc Committee shall design the guidelines for the preparation of the Service protocols of the Instrumentalities of the Government and shall offer orientation and technical assistance to the entities that request it. The Commission for the Implementation of the Public Policy on Homeless

---

Persons shall be responsible for the disclosure of the Service Protocol Preparation Guidelines to all government instrumentalities.

Section 7.- Once the Services Protocol has been approved by the Ad Hoc Committee, every Department, Agency, Public Corporation and Instrumentality of the Government of Puerto Rico shall be responsible for notifying all officers of its existence. It shall be the responsibility of every agency and instrumentality of the Government of Puerto Rico to train its personnel on the use and implementation of the Services Protocol. The trainings shall be offered by persons knowledgeable in the rendering of services to homeless persons. These trainings shall include, but shall not be limited to sensitivity skills to attend to the homeless. The trainings shall be completed in a term not to exceed one hundred and eighty (180) days as of the approval of the Service Protocol by the Commission for the Implementation of the Public Policy on Homeless Persons.

Section 8.- Every Department, Agency, Public Corporation and Instrumentality of the Government of Puerto Rico that renders services, relates to or intervenes with homeless persons shall be under the obligation to publish the existence of the Services Protocol in a visible place. Said document shall be available for inspection by the public in all facilities, be it through electronic means, the Internet or publications or posters.

Section 9.- Every officer or public servant who fails to observe any of the provisions of this Act shall incur an ethical fault in accordance to the provisions of subsection

(a) and

(b) of Section 3.2 of Act No. 12 of July 24, 1985, as amended, known as the "Government Ethics Act," and shall be punished pursuant to the same.

Section 10.- If any word, phrase, sentence, paragraph, section or part of this Act were to be declared unconstitutional by a competent court, the

---

ruling rendered to such effect shall not affect, impair or invalidate the remainder of this Act. The effect of such ruling shall be limited to the word, phrase, sentence, paragraph, section or part thereof that has thus been ruled unconstitutional.

Section 11.- This Act shall take effect immediately after its approval.

---

CERTIFICATION

I hereby certify to the Secretary of State that the following Act No. 199 (S.B. 1455) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:

AN ACT to require that all the Departments, Agencies, Public Corporations and Instrumentalities of the Government of Puerto Rico establish a protocol for access, rendering of services, intervention and relations with the homeless; to require that all the Departments, Agencies, Public Corporations and Instrumentalities of the Government of Puerto Rico establish awareness trainings on the rights of the homeless, to be taken by all direct services officers; establish the scope of the Act; and for other purposes, has been translated from Spanish to English and that the English version is correct.

In San Juan, Puerto Rico, today $17^{ ext {th }}$ of March of 2008.

Francisco J. Domenech Director