Ley 30 del 2007
Resumen
Esta ley enmienda la Ley de Menores de Puerto Rico para otorgar expresamente al Fiscal de Asuntos de Menores la facultad de negociar acuerdos de culpabilidad (plea bargaining) con los abogados de menores acusados. Establece el procedimiento a seguir en estos casos, haciendo referencia supletoria a la Regla 72 de las Reglas de Procedimiento Criminal cuando no sea incompatible con la Ley de Menores. También detalla los criterios que el juez del Tribunal de Menores debe considerar al aceptar un acuerdo de culpabilidad, asegurando que sea voluntario, informado y en beneficio de la administración de justicia, con la presencia de los padres o un adulto interesado.
Contenido
(No. 30)
(Approved April 2, 2007)
AN ACT
To add a new clause (9) and renumber current clause (9) as clause (10) of subsection
(b) of Section 12 of Act No. 88 of July 9, 1986, as amended, known as the "Puerto Rico Minors' Act"; and to add a subheading A to Rule 7.3 of the Rules of Procedure for Minors' Matters, in order to clearly establish the scope of authority of the Prosecutor for Minors' Affairs when entering into plea bargaining arrangements and the procedure to be followed in the corresponding cases.
STATEMENT OF MOTIVES
In Puerto Rico, we have had three Laws that address the matter of the prosecution of juvenile delinquents ever since Act No. 37 of March 11, 1915, was approved. The philosophy that prevailed in the justice system during the first decades of its effectiveness was essentially based on the general principles of retribution and punishment. Based on the new trends arisen in the United States, our legislation on that matter experienced a great change with the approval of Act No. 77 of June 23, 1955, whose main purpose was to pull underage delinquents out of the criminal system, as revealed by the Federal Conference Committee on Juvenile Justice Report for 1980. Said Act prompted a radical change in proceedings conducted at "juvenile courts" by replacing penal measures in favor of measures incorporating mentorship and reeducation which focus not on the "crime" or
offense committed, but rather on the individual and the behavioral problems or emotional maladjustment which led him or her to commit the crime.
The Federal Supreme Court rulings in Kent v. US, 383 US 541 (1966), and In re Gault, 387 US 1 (1967), greatly boosted the cause of advocates for more rights for minors. Proposals for a reform to the juvenile justice system have been progressively presented in Puerto Rico. The sense was arising that, under the pretext of the philosophy behind Act No. 37, minors were being denied certain basic procedural guarantees which emanated from the Constitution, which led to a high degree of arbitrariness in proceedings for minors. The concurring and dissident opinion of Associate Justice NegrónGarcía in Pueblo en Interés del menor RGG, 123 DPR 443 (1989) shows how minors were being gradually extended the guarantees and rights of those accused of a crime under the principles of "due process of law."
This shift in approach generated in turn other significant changes. One great innovation was the creation of the office of the Prosecutor for Minors. This would put an end to the institution of the "judge-prosecutor" which hovered over the proceedings on questionable grounds, enabled by previous legislation and assuming functions which would become the target of constitutional attacks. The presence of the abovementioned officer has infused into the proceedings a certain number of characteristics proper to the adversary system, which have required certain formalities germane to the same to be instituted.
The Prosecutor for Minors is an officer exclusively designated to discharge his/her functions in respect of matters covered under Act No. 88, supra. If it is true that the main function of this officer, who is an Assistant Prosecutor of the Superior Court, is to represent the Commonwealth in all proceedings of an adversary nature, it is no less true that the discharge of
his/her functions and responsibilities was not conceived within a framework that relied fully on the adversary system.
Act No. 88, supra, does not expressly grant the Prosecutor for Minors the power to enter into plea bargaining arrangements and in spite of that which is established in Section 12(b)(9), which recognizes that this officer "shall execute any other duties needed for the performance of his/her office," there are those who argue that the ability of the Prosecutor to freely exercise that power shall depend on the discretion of the judge.
The Federal Supreme Court has upheld the constitutional validity of plea bargaining arrangements, Brady v. U.S., 395 US 238 (1969), and has suggested that, as a matter of constitutional law, these must be entered into records, Boykin v. Alabama, 395 US 238 (1969). After the ruling in Pueblo v. Mojica, 115 DPR 569 (1984), whereby the Supreme Court of Puerto Rico recognized the importance of these arrangements, Act No. 37 of June 28, 1985, was approved in order to add a new Rule 72 to the Rules of Criminal Procedure.
This Legislature deems that it should be expressly established in the Minors' Act that the Prosecutor for Minors has the power to enter into plea bargaining arrangements with the attorney of an underage defendant. Naturally, until an amendment to the Rules for Minors' Affairs is approved which establishes in detail the procedure that is to govern, the courts may use said Rule 72 in a suppletory manner in all matters not incompatible with the principles and procedures contemplated in the "Minors' Act." Finally, when the Judge of the Juvenile Court is to decide whether he or she should accept a guilty plea from the minor which derives from a plea bargaining arrangement, he/she shall ascertain that the plea has been entered into in the defendant's full awareness, consent and willingness; that the defendant was
accompanied by his/her parents or an adult interested in his/her welfare; that it is convenient to the sound administration of justice; and that said plea was reached pursuant to the law and the ethics required from the defense attorney and the Prosecutor.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.-Subsection
(b) of Section 12 of Act No. 88 of July 9, 1986, as amended, is hereby amended in order to add a new clause (9) and renumber current clause (9) as clause (10), to read as follows: "A Prosecutor for Minors' Affairs shall participate in all affairs concerning minors before the consideration of the court. This Prosecutor shall be designated exclusively to perform his/her duties in the matters covered by this Act.
(a) Powers of the Prosecutor for Minors' Affairs.-...
(b) Duties of the Prosecutor.-The Prosecutor shall have the following functions: (1) ... (9) Enter into plea bargaining arrangements in conformity with the principles and procedures contemplated in this Act and in any other applicable regulations. (10) He/she shall execute any other duties needed for the performance of his/her office."
Section 2.-A subheading A is hereby added to Rule 7.3 of the Rules of Procedure for Minors' Matters, to read as follows: "Rule 7.3 Pleas.- The minor shall plead either denying or admitting the facts. If the minor refuses to plead, or the court determines that he/she is voluntarily absent from the hearing, a plea of denial of the facts shall be entered.
Rule 7.3 A Plea Bargaining.- (1) In all cases in which a plea bargaining arrangement exists between the defendant's defense and the Prosecutor for Minors' Affairs, the procedure to be followed shall be that contemplated in Criminal Procedure Rule 72 insofar as it is not incompatible with the 'Puerto Rico Minors' Act' and these rules. (2) When deciding whether to accept from a minor a guilty plea which derives from a plea bargaining arrangement, the Juvenile Court Judge shall ascertain that said plea has been entered into in the defendant's full awareness, conformity and willingness; that his/her rights have been explained to him/her, as well as the implications of such a plea; that he/she was accompanied by his/her parents or by an adult with an interest in his/her welfare; that it is convenient to the sound administration of justice; and that said plea was reached pursuant to the law and ethics required from the defense attorney and the Prosecutor."
Section 3.-Severability Clause.- If any article, section, paragraph or part of this Act should be found unconstitutional by a competent court, the ruling thus issued shall not affect, prejudice or invalidate the remainder thereof.
Section 4.-Effectiveness.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 30 (H.B. 1882) of the $5^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add a new clause (9) and renumber current clause (9) as clause (10) of subsection
(b) of Section 12 of Act No. 88 of July 9, 1986, as amended, known as the "Puerto Rico Minors' Act"; and to add a subheading A to Rule 7.3 of the Rules of Procedure for Minors' Matters, in order to clearly establish the scope of authority of the Prosecutor for Minors' Affairs when entering into plea bargaining arrangements and the procedure to be followed in the corresponding cases, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $16^{ ext {th }}$ of August of 2007.
Francisco J. Domenech Director