P.R. Laws tit. 4, § 1113
The administrator shall have, in addition to those conferred on him/her, the following functions:
(a) To adopt an official seal of the Administration of which judicial cognizance shall be taken.
(b) To establish the internal organization of the Administration and to designate the necessary auxiliary officers.
(c) To plan, direct and supervise its functioning.
(d) Create an organized plan through the designating of programs or norms whose point of reference shall be the adequate rehabilitating process to ensure a better quality of life for the member of the correctional population.
(e) To carry out studies which shall reveal the disfunctional elements of the correctional system and take steps that will produce an integral and efficient operation.
(f) Together with the other governmental bodies of the Commonwealth of Puerto Rico, to create the necessary conditions to obtain greater opportunities for cooperative efforts and the coordination and integral planning of the correctional system.
(g) To formulate, in accordance with this chapter, the correctional policy and to prescribe programmatic guidelines and standards for the institutional regime.
(h) To assign administrative tasks on a discretionary basis that will permit the most efficient use of human resources, considering, among others, the following factors:
(1) Rational assignment and distribution of functions;
(2) distribution of power in accordance with the responsibilities;
(3) proper selection of personnel, and
(4) to provide funds in accordance with the needs of the agency.
(i) To appoint, transfer, and remove personnel, and to recommend promotions within the Uniform Rank System of the Correctional Officers Corps, pursuant to the applicable laws and regulations.
(j) To appoint the commissions, committees, boards and other bodies, directed to obtain the most ample citizen participation in the Administration programs.
(k) To delegate on subordinate officers and authorize the latter to subdelegate on other officers any function or power conferred to them, except that the power of appointment, of adoption of rules and formulation of the standard policies of the Administration are nondelegable.
(l) To approve, amend and repeal regulations to implement this chapter, which shall have the force of law.
(m) To prepare and administer the budget.
(n) To execute contracts and other necessary instruments inherent to his powers.
(o) To represent the Administration in such acts and activities as may be necessary.
(p) To advise the Governor and other governmental officers as well as the Legislature of Puerto Rico on the correctional public policy and other phases related to criminal justice.
(q) To evaluate periodically the programs and guidelines, particularly those relating to prevention, diagnoses, treatment and rehabilitation, to the institutions, human resources and to the available funds in order to develop perspectives and methods that permit the government to redirect its pursuit in consonance with new scientific methods and the evaluation of Puerto Rican problematics.
(r) To promote, sponsor and participate in conferences, seminars, research groups, investigation centers and all kinds of educational activities, of any sort, and to establish information exchange systems with:
(1) Other components of the criminal justice.
(2) Governmental bodies.
(3) Foundations.
(4) Educational, civic, professional, industrial or any other kind of institution; to propitiate adequate approaches to psychosocial problems of our Island.
(s) Subject to the applicable laws or regulations, to acquire, lease, sell, or otherwise dispose of the property as may be necessary to carry out the purposes of this chapter.
(t) To accept and receive any gift or other kind of aid, in money, property or services coming from private persons or institutions and manage the same in accordance with the terms of the donation and of the law.
(u) To request and obtain aid or assistance in money, property or services of the United States Government, the federal states, the Commonwealth of Puerto Rico, or any of their agencies, public corporations or political subdivisions for the purposes of this chapter, in accordance with the applicable legislation, regulation, agreement or contract.
The Governor is hereby authorized to designate the Administrator and the Administration as the officer and agency which shall be in charge of administering any federal program which, by its nature, purpose and scope, is related to the functions herein assigned to the Administration. In this capacity, the Administrator shall execute and follow up any necessary agreement or pact to enable the Commonwealth of Puerto Rico to receive all the federal funds and benefits to carry out said programs as well as to execute and follow up agreements and pacts with the corresponding government agencies of the federal states and of the federal government, duly authorized to do so, with respect to data exchange on programs, studies and research related to whatever programs are effectuated; provided said agreements or pacts are within the scope of his functions and of the laws of the Commonwealth of Puerto Rico.
(v) To obtain, by means of contracts, the services of technical, professional or highly expert personnel, or of any other nature, which may be necessary for the Administration programs, including personnel from other departments or agencies of the Commonwealth government or of its instrumentalities or public corporations or of the municipalities and of the Administration itself, outside their regular working day, without being subject to § 551 of Title 3 and with the authorization of the nominating power of the government agency where the service is rendered. Provided, That in order to be able to contract personnel from other government departments, agencies and instrumentalities or public corporations, as well as from the municipalities, the following circumstance must be present: the Administrator shall take steps to obtain said personnel outside the government agencies and instrumentalities and municipalities and must determine that said personnel is not available either because it does not accept or because it does not meet the requirements to carry out the functions.
With relation to the contracting of the Administration’s own personnel, it shall proceed solely when the steps taken by the Administrator or authorized officer show: (1) that it has been impossible to contract personnel from other departments, agencies, instrumentalities and public corporations and the municipalities and (2) that unless its own personnel is contracted, the programs and service of the Administration shall be negatively affected.
The Administrator shall keep a record showing the steps taken to obtain the personnel and the reasons why it has not been obtained outside the programs of the departments, agencies, instrumentalities, public corporations and municipalities.
(w) To contract, for the purpose of rendering professional services in the Administration institutions, physicians and psychologists, whether United States citizens or foreigners. Provided, That in order to contract foreign physicians not having permanent license to practice medicine in Puerto Rico compliance must be had with the requirements of Act No. 96 of June 29, 1963.
(x) To carry out all convenient or necessary acts to effectively achieve the goals underlying the public policy contained in this chapter.
(y) To send to the Governor and to the Legislative Assembly of Puerto Rico an annual report on the activities of the Administration in conformance with the standards established for that purpose.
(z) To contract, through public-private partnerships, educational services for the Island’s penal institutions with the University of Puerto Rico System and other universities and colleges that are duly certified by the competent government authority.
In these cases, it shall be taken into consideration that the government’s public policy requires guaranteeing free competition among service providers.
History —July 22, 1974, No. 116, Part 1, p. 501, § 6; Aug. 6, 1991, No. 47, § 28; July 18, 2001, No. 60, § 3; Sept. 23, 2004, No. 465, § 1; Dec. 29, 2009, No. 202, § 1.