P.R. Laws tit. 4, § 1136
The Administrator is hereby authorized to grant permits to the member of the correctional population to leave correctional institutions or the public or private treatment centers where they are receiving treatment in every case that it is determined that the granting of said permit is a necessary and convenient measure for the rehabilitation of the member of the correctional population through his/her progressive readjustment in the community.
In every case, it shall be understood that the granting of permits is not a right, but a means of treatment which can be discretionally used by the Corrections Administrator.
The Corrections Administrator is empowered to suspend the permit of an member of the correctional population when through the study and evaluation performed it is determined that it is not having the rehabilitating effect sought or when the safety of said member of the correctional population or that of the community is considered to be threatened by his/her presence.
Those member of the correctional population, who meet the requirements established in the Regulations on Permit for [Members of the Corrections Population] to Leave the Correctional Institutions, shall be eligible for the consideration of said permits. The member of the correctional population who, according to the evaluation made by the Administrator or the officials designated by him/her on the conduct and physical, emotional, and moral condition, are determined not to constitute a threat or danger to their safety or that of the community shall qualify for the granting of such permits.
In those cases in which, because of special circumstances, the Administrator deems that it is necessary to provide custody for the member of the correctional population, he/she shall adopt the necessary measures to provide such protection.
The Administrator shall establish, by regulations, the eligibility requirements, the means of verifying the departure and return to the institution, the duration of the permit and any other condition to guarantee the adequate use of the permit, according to the rehabilitating factors prevailing in each case, as well as the pertinent procedure for the granting of subsequent permits.
Any member of the correctional population who fails to return to the correctional institution or public or private treatment center where he/she is confined, or who returns after the hour indicated in the permit that was granted, shall be evaluated as provided below:
(1) Should the inmate fail to return he/she shall incur the crime of flight to which shall apply the provisions of § 4909 of Title 33.
(2) If the return takes place within forty-eight (48) hours after the expiration of the permit, the situation shall be evaluated by the Administrator or the designated officials, for the purposes of determining whether there were justified reasons for the delay or if not, it is pertinent to prosecute the person in question for the crime of prison breach, as provided in subsection (1) of this section. During the 48-hour period that the member of the correctional population does not report back, he/she shall be deemed to be a fugitive of justice.
The time elapsed between the expiration date of the permit and the date of return to the Correctional System or to the institution, facility or private center, shall not be accredited as time served of his/her sentence, unless it was for justified reasons, as determined by the Administrator.
The violation of any type of permit granted to the Corrections Administration member of the correctional population shall be governed by the Regulations adopted on this matter.
Permits granted to the member of the correctional population pursuant to the powers conferred in § 1112(b) of this title, for them to reside in their homes or in the community as part of a rehabilitation program through work, study, treatment or other means, shall be governed by the provisions of this section and by those other provisions adopted by the Administration through regulations, addressed to achieve the purposes of the program and to protect the security of the community.
The permits granted to member of the correctional population residing in half-way houses shall be subject to the regulatory provisions of § 1206 of this title, which shall conform to what is established in this section, for them to reside in their homes.
History —July 22, 1974, No. 116, Part 1, p. 501, § 10; July 10, 1978, No. 21, p. 420, § 1; July 20, 1989, No. 27, p. 93, § 2; July 18, 2001, No. 60, § 9; Sept. 15, 2004, No. 315, § 2.