P.R. Laws tit. 4, § 1112
To achieve these purposes, the Administration shall have the following duties and powers:
(a) Structure the public policy in the correctional area.
(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) To draft, in accordance with the purposes of this chapter, the internal regulations needed for the diagnosis, classification, treatment and rehabilitation programs of the inmates of the correctional population.
(d) To establish and keep individualized records of the background evaluations, general conduct and progress of the correctional population of the system, also being able to establish regulations to determine confidentiality criteria with regard to said evaluations or reports.
(e) To determine, pursuant to the evaluation made by the personnel in charge of the treatment, or the specialists, and the regulations promulgated by the Administration to such effects, the institutions operated by the latter, or by any other government or private entity, to which the correctional population of the correctional system is to be committed or transferred.
It shall also draft the regulations, pursuant to the purposes of this chapter, needed to establish electronic surveillance programs, through which the correctional population that qualifies therefore and voluntarily accepts to participate in them, may serve their sentences outside of the correctional institution. The regulations shall establish the eligibility criteria, conditions and requirements for said programs and to revoke the participation of the members of the correctional population in them, in compliance with due process of law. The Administrator shall take into consideration the norms established in § 1136 of this title, and shall adopt the measures needed to achieve the purposes of the programs and protect the safety of the community.
The Administrator may also enter into agreements with government or private entities for the committing or transferring of the population and other means that are compatible with the public safety.
(f) Implement programs to offer to the correctional population appropriate medical care and hospital services intended to prevent diseases and the diagnosis, treatment, and rehabilitation of the patient.
The services may be furnished, whenever the circumstances so require, outside Administration facilities under the necessary security measures.
Detailed records of medical examinations and the health condition of the patient shall be kept.
(g) Create all the individualized programs which may be necessary to meet the requirements of the system to provide academic, vocational, and training education of all kinds, with proper counseling. The programs shall be directed to meet the prevailing requirements and conditions in the labor market, with a view to obtain adequate means of subsistence. These programs shall also be envisioned, so that their recognition and accreditation by the proper government and private agencies will be expedited. The necessary exchange and coordination with said entities shall be established.
(h) Develop and obtain every possible source of work to propitiate the rehabilitation of the correctional population and help those who are released. To broaden the employment opportunities by granting direct financial assistance, incentives, subsidies, counseling, or any other type of assistance so that those inmates who are released can promote or participate in industrial, commercial, agricultural or any other kind of projects and activities.
To such effects, the agencies and public corporations of the Government of the Commonwealth of Puerto Rico and the municipalities are hereby authorized to transfer funds or provide services, counseling or other available resources to the Administration, under the conditions consigned in the agreements.
Assistance or help to inmates who are released shall be furnished to the extent that the resources of the Administration allow and for a reasonable period that will enable their incorporation to the community through regulations promulgated to such effects by the Administrator. For such purpose, the Administration shall give consideration, among other, to factors such as the skills and academic education of those who are released, the needs of their families, and the socio-economic conditions that prevail in the area where they live.
In as much as possible, the work of the correctional population shall be rendered in similar conditions to those that prevail for regular employees, subject to the established regulations.
(i) Regulate the contribution made by the correctional population whether from the cash they receive or their wages for work rendered in the Work and Training Enterprises Corporation, government, state or municipal agencies, in private enterprise or any other source outside the Administration. The funds obtained thereby shall be covered into the Special Fund in the Commonwealth Treasury. These contributions shall be used, in the proportion determined by the Administrator by regulations for each specific purpose, for the following:
(1) Defray part of the expenses the inmate causes the system;
(2) provide financial aid to their dependent family;
(3) reserve the resources which the inmate shall receive upon release;
(4) reserve resources that will allow the Administration to increase the remuneration of the inmates employed in the Administration, and
(5) compensate the victims injured by the crime for which the inmate was convicted when it is provided by the court.
(j) Establish a center of statistics that shall compile and keep information and data on: criminal incidence, in its diverse modes, by groups and ages; terms of sentences imposed and periods served; probation or parole cases; information on the development and results of the treatment; recidivism; and every other aspect of the correctional or criminal justice system that will be useful within the framework of criminological investigations, to devise effective guidelines for correctional treatment as well as for the public policy all the criminal justice system.
(k) Direct, advice, evaluate, coordinate, promote, and participate in the development of attitudes, activities, and services leading to eradicate criminality and propitiate the rehabilitation of persons who demonstrate antisocial behavior.
(l) Establish and maintain adequate facilities to implement the security measures as established in the Penal Code of Puerto Rico. The primary responsibility to establish and maintain adequate facilities to implement the rendering of medical care and hospital services to the insane and mentally retarded rests on the Department of Health. The Governor shall designate an official who, together with the Department of Health and the Administration shall design a plan by virtue of which it is made feasible for the Department of Health to fully assume said function. In the event it is determined that it is necessary to approve legislation to structure said plan, the pertinent proposals shall be submitted. If it is determined that the implementation of the plan does not require legislation, the Governor is empowered to transfer said functions to the Department of Health through an Executive Order. The Administration shall continue, subject to applicable laws, to discharge said functions with regard to those persons who are insane or mentally retarded until the Executive Order of the Governor becomes effective. The Administration shall execute the necessary agreements with the Department of Health for it to provide all possible assistance, with regard to said persons, to the extent allowed by the resources of said Department. Provided, That the Department of Health, upon the advice and consent of the Administration, shall implement a flexible medical services system that is adapted to the rehabilitation plan established for the different members of the inmate population.
(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) Administer reciprocity agreements with other jurisdictions for the custody and supervision of those released or on probation.
(ñ) Acquire legal custody of every person prosecuted and sentenced to imprisonment by order of a competent court. When judgment is pronounced, the court shall not order the commitment of the convicted person in a private or public institution that is not penal in nature.
(o) Establish agreements or covenants with public or private agencies that can expedite the establishing of the functions entrusted in this chapter. This right shall include the contracting of custodial and food services of the inmates, as well as the contracting of the construction, administration, and maintenance of correctional institutions with private agencies or companies. The Administration shall establish the criteria and requirements of physical facilities, the organization, operation, administrative and custodial personnel and others, that these institutions must meet to have access to such contracting and to be accredited as private custodial institutions.
(p) Establish adequate procedures for the handling of all the documents of the agency. All records, legal documents, evaluations, forms, communications or any other written evidence related to the inmate population of the system shall be the property of the Corrections Administration. Its use, conservation and disposal shall be performed pursuant to the Regulations adopted by the Corrections Administrator to such effect, pursuant to §§ 1001—1013 of Title 3, known as the “Puerto Rico Public Documents Administration Act”.
(q) To prepare a report on the family background and social history of the person convicted, and the economic, emotional, and physical effect caused on the victim and his/her family, by the commission of the crime.
(r) To operate stores in the correctional institutions to expedite the sale of products and articles to the members of the correctional population and to employees in emergencies such as hurricanes. The operation of these stores shall be subject to the regulations approved to govern the provision of goods and products.
(s) To issue reference letters for the purposes of employment search, in meritorious cases of members of the corrections criminal population who have shown a good institutional adjustment, who served their sentence, or will soon serve it, and who do not pose a threat to the community. The Administration shall set forth by a regulation, the format, content and procedure to be used when issuing these reference letters.
(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 § 4732 of Title 33 and in § 1615 of this title.
(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 chapter.
(v) To develop, in coordination with the Public Broadcasting Corporation for Puerto Rico, the Federal Communications Commission in Puerto Rico and the Puerto Rico Police, the implementation of the Citizens Alert Program on the Escape or Breakout of Dangerous Inmates, as well as to promote its adoption among the various cable systems, and the local radio and television stations. To those effects it shall draft regulations to specifically attend to the provisions of this subsection, which shall include, without it being understood as a limitation, the following:
(1) Criteria to determine whether in fact an escape or a breakout has occurred; it being understood that the Corrections Administration shall corroborate whether in fact an escape has occurred.
(2) That a dangerous inmate is concerned. The Administration shall establish through regulations who is considered to be a dangerous inmate for the purpose of activating the alert.
(3) Criteria that would help to describe the fugitive, such as his/her weight, height and age, among other things.
(4) To establish that if the aforementioned requirements have been met, it shall proceed to activate the Citizens Alert Program on the Escape or Breakout of Dangerous Inmates.
History —July 22, 1974, No. 116, Part 1, p. 501, § 5; July 10, 1978, No. 21, p. 420, § 1; June 19, 1987, No. 37, p. 131, § 3; July 20, 1989, No. 27, p. 93, § 1; Dec. 13, 1994, No. 130, § 1; May 26, 1995, No. 49, § 1; Aug. 20, 1996, No. 155, § 2; Jan. 4, 2000, No. 4, § 1; July 18, 2001, No. 60, § 2; Jan. 1, 2003, No. 9, § 1; Sept. 15, 2004, No. 315, § 1; May 1, 2007, No. 39, § 1, retroactive to Mar. 1, 2007.