2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 51B - Human Resources Administration System (§§ 1461 — 1468p) › Subchapter IV - Merit Principle (§§ 1462 — 1462h) › § 1462g - Habilitation in the public service

It is necessary for persons who are part of the public service not to be guilty of improper conduct sanctioned by our body of laws. However, the Commonwealth has a great governmental interest in enabling all those persons who were at a determinate time disabled to hold a job in the public service, to overcome the situation that disabled them and be admitted or readmitted, as the case may be, into the public service by their own merits. The following are the norms provided for to make this purpose viable:
(1) Any person who has incurred dishonorable conduct, has been an addict to the habitual and excessive use of controlled substances and/or alcoholic beverages, has been convicted of a felony or any crime which implies moral turpitude, or has been removed from public service.
(2) Any person who is ineligible for public service pursuant to the provisions of subsection (1) of this section, shall be entitled to request his/her habilitation by the Director of the Office after one (1) year has elapsed as of the date the fact occurred or as of the date the circumstances that caused the inability were determined, except for the following cases:
(a) In the cases of addicts to the habitual and excessive use of controlled substances or alcohol, the requirement of one (1) year from the date in which the inability emerged, does not apply. The factor to be considered, before the Office assumes jurisdiction, shall be the certification issued by the Mental Health and Addiction Services Administration indicating that the person is favorably recommended for habilitation.
(b) Any convicted public employee who is granted a suspended sentence or the benefit of parole and is serving his/her sentence in the free community under those limitations imposed by the entities of the Government Corrections System, may file his/her application for habilitation at any time or in default thereof, the agency for which he/she renders services shall be under the obligation to submit it. The employee shall continue to hold his/her job until the Director determines otherwise, pursuant to the provisions of §§ 556a—556e of this title.
(c) Any person who has been acquitted may submit his/her application for habilitation at any time.
(d) Any convicted person who has been granted a suspended sentence or the benefit of parole and is serving his/her sentence within the free community under those limitations imposed by the entities of the Government Corrections System, may submit his/her application at any time.
(3) Any person who has been convicted in the jurisdiction of the Commonwealth of Puerto Rico, in the federal jurisdiction or in any of the states of the United States of any of the crimes listed below shall also be permanently ineligible for employment in or professional service contract with the public service or for aspiring or holding an elective office, when said crimes constitute a felony and has been committed in the exercise of a public function, as defined in § 1491 of this title:
(a) Aggravated misappropriation;
(b) extortion;
(c) sabotage of essential public services;
(d) construction fraud;
(e) illegal enrichment of a public official;
(f) exploitation by official;
(g) undue intervention in bidding contract processes or in government operations;
(h) bribery;
(i) bribery (aggravated);
(j) bribery of witness;
(k) offering to bribe;
(l) undue influence;
(m) crimes against public funds;
(n) forgery of documents.
The crimes listed above mentioned above are provided for in Sections 166, 175, 182, 188, 200, 201, 202, 209, 210, 211, 212, 213, 216, and 217, respectively, of the Puerto Rico Penal Code.
When the conviction results from the commission of any of the crimes listed below, the prohibition provided for in this chapter shall be for a term of twenty (20) years, counting from the date of conviction, provided the crimes had been committed in the exercise of a public function:
(a) Aggravated damages;
(b) negotiation incompatible with the exercise of public office;
(c) withholding documents that should be provided to the successor;
(d) destruction or mutilation of documents by public officials;
(e) filing of classified documents;
(f) illegal possession of tax receipts;
(g) drafting false documents;
(h) presenting false documents;
(i) illegal possession of tax receipts;
(j) forgery of entries in registers;
(k) forgery of stamps;
(l) forgery of license, certificate and other documentation, or
(m) possession of forgery tools.
The crimes listed above are provided for in Sections 180, 202, 204, 205, 208, 221, 242, 272, 273, 274, 275, and 276, respectively, of the Puerto Rico Penal Code.
When the conviction is the result of having committed any of the crimes listed below, the prohibition provided for in this chapter shall be for the term of eight (8) years, counted as of the date of the conviction:
(a) Fraud in delivery;
(b) purchase by collector of property sold to pay taxes;
(c) omission in the compliance of duty;
(d) illegal sale of goods.
The crimes listed above are provided for in Sections 189, 207, 214, 215, and 223, respectively, of the Puerto Rico Penal Code.
Public function shall be understood to be any office, job, post, position or function in the public service, whether or not for compensation, permanently or temporarily, by virtue of any kind of appointment, contract or designation for the Legislative, the Executive or the Judicial Branch of the Government of the Commonwealth of Puerto Rico, as well as any of its agencies, departments, subdivisions, instrumentalities, public corporations or municipalities. Provided, That the prohibition or inability for aspiring to an elective office or to perform a function within the public employment or service also applies in a like manner to those persons who, even when they are not public officials at the time of committing such crimes are convicted as coauthors of public officials in the commission thereof.
(4) When the person is convicted within the aforementioned jurisdictions for any of the misdemeanors listed above, shall be ineligible for public service for a term of eight (8) years as of the date of conviction.
(5) Conviction for a felony, removal and revocation of probation or parole or noncompliance with the conditions imposed by the program by which the habilitated convict is serving his/her sentence released within the community, shall entail the automatic cancellation of the habilitation. Should he/she be holding a government job or otherwise rendering services for a government entity, he/she shall also be immediately terminated from the job or from rendering the services, as the case may be, when a conviction for a felony is delivered, when the privilege of probation or parole is revoked, or when he/she fails to comply with the conditions of the program by virtue of which the habilitated convict is serving his/her sentence released within the community.
(6) After one (1) year has elapsed as of the date the decision of the Director not to habilitate is final and binding, the person who wishes to be habilitated may file a new application for habilitation, as long as he/she submits new evidence that has not been previously considered and said person is able to prove that he/she should be habilitated. This provision shall likewise apply to conditioned habilitation cases.
(7) The Office shall provide through regulations the norms and procedures it believes necessary and appropriate to provide for the power to habilitate conferred by this chapter to the Director.
(8) Any official or employee who knowingly authorizes an appointment in contravention of the provisions of this section shall be liable for any amount of money unduly paid to the person thus appointed.
History —Aug. 3, 2004, No. 184, § 6.8.