reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 45 - Protocol to Guarantee Effective Communication between the Security Components of the Commonwealth of Puerto Rico and the Criminal Justice Information System (§§ 533 — 533k) › § 533 - Definitions

(a) Criminal Justice Information System (CJIS) or System.— Shall be the system charged with providing complete and correct information to the various components of the Criminal Justice Information System of Puerto Rico.
(b) Intergovernmental Committee or Committee.— Shall be the committee composed of the heads of the Department of Justice, the Puerto Rico Police Department, the Judicial Branch of Puerto Rico, the Department of Corrections and Rehabilitation, the Department of the Family, the Department of Transportation and Public Works, the Institute of Forensic Sciences, who shall be responsible for the enforcement of this chapter, or any person with similar duties as designated by them. Said personnel shall have the same decision-making authorities as the persons who designated them.
(c) Protocol to Guarantee Effective Communication among Security Components of the Commonwealth of Puerto Rico or Protocol.— Shall be the set of rules and procedures drafted by the Committee and adopted by every government entity with jurisdiction over the Island’s public safety and those entities closely related thereto, which are described in this chapter.
(d) Administrative Director of the Intergovernmental Committee.— Shall be appointed by the Committee and shall discharge all the duties entrusted to him/her by the Committee.
(e) Information.— Criminal data, including both felonies and misdemeanors which are received and protected under the Protocol created in this chapter and is available to be evaluated by the government entities with jurisdiction over the Island’s public safety and those entities closely related thereto.
(f) Serious offense.— Any offense applicable to officials of the various government entities that comprise the Intergovernmental Committee who have been assigned to work with the Protocol, which offenses are punished by dismissal from the office they held in the corresponding government entity, or unpaid suspension for a term that shall not exceed five (5) months.
(g) Disciplinary action.— Measure taken by an agency when the conduct of an employee fails to abide by the rules established in this chapter.
(h) Unpaid suspension.— An employee’s temporary removal and unpaid suspension from work, which is imposed as a disciplinary action with just cause.
(i) Dismissal or removal.— Total and absolute separation from service imposed on an employee as a disciplinary action for just cause.
History —Aug. 26, 2014, No. 143, § 3.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 45 - Protocol to Guarantee Effective Communication between the Security Components of the Commonwealth of Puerto Rico and the Criminal Justice Information System (§§ 533 — 533k) › § 533a - Criminal Justice Information System (CJIS)

The Criminal Justice Information System, hereinafter the “CJIS”, is hereby established to receive, keep, and provide complete, updated, and correct criminal information to the members of the Intergovernmental Committee for their proper and adequate operations, according to their needs.
The CJIS shall be attached to the Department of Justice. It shall be composed of the Department of Justice, the Puerto Rico Police Department, the Judicial Branch of Puerto Rico, the Department of Corrections and Rehabilitation, the Department of the Family, the Department of Transportation and Public Works, the Institute of Forensic Sciences.
The CJIS shall capture criminal data regarding adult individuals who are or had been convicted by the Court of General Justice of Puerto Rico, as provided in § 533e of this title. Administrative and operating personnel of the CJIS shall be part of the Data Center. It shall also have a central hub, peripheral systems, system terminals and feed lines, as well as any other equipment needed to achieve the purposes of this chapter. The personal equipment of CJIS administrators, employees, and officials shall not be part of the System.
Government entities comprising the CJIS shall be responsible for capturing the necessary criminal data. Data exchange between the terminals of the government entities and the System shall be the priority of said government entities and the Committee. For such reason, all necessary actions shall be taken to make communication and information sharing among all components feasible.
Government entities comprising the CJIS shall provide the information needed to keep the system up to date. This information shall be furnished by government entities uninterruptedly, as part of an ongoing process. Information shall be available within sixty (60) business days and without unnecessary delays. These transactions shall be carried out in the form and manner provided by the “Intergovernmental Committee”, and in accordance with the “Protocol to Guarantee Effective Communication among Security Components of the Commonwealth of Puerto Rico”, approved by the members of the “Intergovernmental Committee”, as described in this chapter.
CJIS operating funds shall be appropriated in the general budget of the Commonwealth of Puerto Rico, as part of the budget appropriated to the Department of Justice. Such funds shall be used in the most adequate manner to effectively enforce this chapter.
History —Aug. 26, 2014, No. 143, § 4.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 45 - Protocol to Guarantee Effective Communication between the Security Components of the Commonwealth of Puerto Rico and the Criminal Justice Information System (§§ 533 — 533k) › § 533b - Creation of the Intergovernmental Committee

The “Intergovernmental Committee” shall be composed of the Secretary of Justice, who shall chair the Committee, the Administrative Director of the Courts, the Superintendent of the Puerto Rico Police Department, the Secretary of the Department of Corrections and Rehabilitation, the Secretary of the Department of Transportation and Public Works, the Director of the Institute of Forensic Sciences and their components or persons with similar duties designated by them. Said personnel shall have the same decision-making authority as the persons who designated them in writing.
This Committee shall be responsible for identifying the existing technologies and equipment of each of the government entities stated herein, and the necessary technologies and equipment for the implementation of this chapter. The Protocol shall establish the technical specifications of such equipment.
A request for proposal shall be required whenever it is necessary to acquire or purchase additional technology or equipment. Said request for proposal shall be exempt from compliance with the bid-related provisions set forth in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”, when it is so warranted to ensure a swift process. Any equipment procurement process carried out to achieve the purposes of this chapter shall have the final approval of the Committee.
The Committee shall be constituted within twenty (20) days after the approval of this act. The Committee shall draft a detailed report of the work plan to implement the measures provided in this chapter within thirty (30) days after its constitution. A copy of this report shall be filed with the Legislative Assembly.
History —Aug. 26, 2014, No. 143, § 5.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 45 - Protocol to Guarantee Effective Communication between the Security Components of the Commonwealth of Puerto Rico and the Criminal Justice Information System (§§ 533 — 533k) › § 533d - Creation of the Protocol

The Department of Justice, the Puerto Rico Police Department, the Judicial Branch of Puerto Rico, the Department of Corrections and Rehabilitation, the Department of the Family, the Department of Transportation and Public Works, the Institute of Forensic Sciences, which compose the Intergovernmental Committee, are hereby directed to jointly draft a set of rules and procedures regarding training and compliance with the parameters and processes that shall be used to guarantee effective data sharing among the government entities stated herein.
Such set of rules and procedures shall be known as the “Protocol to Guarantee Effective Communication among Security Components of the Commonwealth of Puerto Rico”, which shall be adopted by all government entities comprising the Committee that have jurisdiction over public safety.
History —Aug. 26, 2014, No. 143, § 7.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 45 - Protocol to Guarantee Effective Communication between the Security Components of the Commonwealth of Puerto Rico and the Criminal Justice Information System (§§ 533 — 533k) › § 533f - Reports of the Intergovernmental Committee

The Committee shall submit a quarterly report to the Office of the Clerk of the House of Representatives and the Office of the Secretary of the Senate of Puerto Rico, as of March 30th, June 30th, September 30th, and December 30th of each year, specifying the steps that the government entities comprising the Committee have taken to implement the Protocol. Furthermore, said reports shall include any progress achieved with regard to communication among government entities and the steps taken by the Committee to achieve the purposes of this chapter.
History —Aug. 26, 2014, No. 143, § 9.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 45 - Protocol to Guarantee Effective Communication between the Security Components of the Commonwealth of Puerto Rico and the Criminal Justice Information System (§§ 533 — 533k) › § 533g - Personnel and service hiring

The Committee shall appoint personnel as it deems necessary to carry out its duties. Personnel shall be subject to the provisions of law applicable to public service. The Committee may hire, in accordance with the procedures established for executive government bodies, any professional and consulting services as are necessary to properly discharge its duties, which would be impractical or inconvenient to obtain through the creation of regular job positions.
History —Aug. 26, 2014, No. 143, § 10.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 45 - Protocol to Guarantee Effective Communication between the Security Components of the Commonwealth of Puerto Rico and the Criminal Justice Information System (§§ 533 — 533k) › § 533h - Administrative Director—Duties and powers

The Administrative Director shall be appointed by the Committee and shall have all the duties and responsibilities delegated to him/her by the Committee. The Director shall ensure compliance with the System’s administrative and operational policy set forth by the Committee, as well as with the Protocol’s policy.
History —Aug. 26, 2014, No. 143, § 11.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 45 - Protocol to Guarantee Effective Communication between the Security Components of the Commonwealth of Puerto Rico and the Criminal Justice Information System (§§ 533 — 533k) › § 533i - Administrative and judicial reviews

Any person may file a written complaint with the Administrative Director alleging that all or part of the data captured in the Criminal Justice Information System under his/her name is incorrect, incomplete, or unauthorized by law. The complaint shall state the grounds for the allegation, any complementary or substitute data that must allegedly be on record, and the specific information that allegedly has been entered without legal basis. Complaints in connection with the process described above shall be filed within ten (10) days after the delivery of a copy of the requested information.
Any complaint filed under this section, as well as the corresponding judicial review shall observe the procedures and the terms established in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
History —Aug. 26, 2014, No. 143, § 12.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 45 - Protocol to Guarantee Effective Communication between the Security Components of the Commonwealth of Puerto Rico and the Criminal Justice Information System (§§ 533 — 533k) › § 533j - Sanctions

The following shall be considered a serious offence, whose punishment shall range from unpaid suspension, to dismissal or removal from work:
(1) Any official or employee who is working with the Protocol and intentionally fails to carry out his/her duties or willingly refuses to carry out the duties and/or responsibilities of his/her office or position, as provided in this chapter and, as a result of said action or omission, the parameters established in this chapter are not met.
(2) Any official or employee who is working with the Protocol and, knowingly or intentionally, enters incorrect data in the system or unlawfully uses the data stored in the CJIS, for his/her benefit or the benefit of a third-party.
Disciplinary action shall be taken in accordance with the procedures established through the regulations of the respective government entities comprising the Intergovernmental Committee.
History —Aug. 26, 2014, No. 143, § 13.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 45 - Protocol to Guarantee Effective Communication between the Security Components of the Commonwealth of Puerto Rico and the Criminal Justice Information System (§§ 533 — 533k) › § 533k - Transition

Employees and officials who, at the time of approval of this act, were attached to the CJIS shall keep their vested rights as guaranteed by the Federal and Commonwealth laws, as well as any agreements in effect. Moreover, all the regulations of the CJIS, adopted under §§ 531 et seq. of this title, shall continue in effect until the new regulations are approved.
History —Aug. 26, 2014, No. 143, § 16.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 47 - Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse (§§ 535-535h — 536h) › § 536a - Creation

A Registry of Persons Convicted of Sex Offenses and Child Abuse is hereby created and provided for in the Criminal Justice Information System. The following shall be registered therein:
(a) Tier I, II, and II Sex Offenders.
(b) Persons who have been or are convicted of offenses similar to those listed in § 536 of this title, or the attempts or conspiracies thereof, by a federal, state, foreign, or military court, whose right to the due process of law has been safeguarded in the country where they were convicted, and who transfer to Puerto Rico to establish their residence, or who, for work or study reasons, are residing in Puerto Rico, although they do not intend to establish their residence on the Island.
(c) Convicted persons who were released on parole, probation or conditional release, or any other alternative method to serve their prison time for any of the offenses, or attempts thereof, listed in § 536 of this title.
(d) Persons who, at the time of the approval of this act, are imprisoned or participating in a diversion, treatment, or rehabilitation program of the Corrections Administration or who, after the approval of this act, are admitted to such a program for committing any of the offenses listed in § 536 of this title, or the attempts or conspiracies thereof. Provided, That, in these cases, once the offender meets the conditions imposed by the court and the latter orders the stay of the criminal action, as provided in the pertinent laws governing such programs, the System shall eliminate the offender from the Registry herein established.
(e) Persons who, at the time of the approval of this act, were required to register under Act 28-1997, as amended, shall be registered.
(f) Persons convicted of any of the offenses listed in § 536 of this title, who already served the sentence imposed and are not registered or serving any sentence for any of such offenses, should they be convicted of a felony other than a sex offense as listed in § 536 of this title. However, in these cases, the time elapsed from the time the sentence was served out, or an alternative method to serve prison time, to the registration of the Registry herein established shall be credited for the purpose of the registration period in the Registry.
(g) Persons convicted of any of the offenses listed in § 536 of this title and who have plead guilty of any of the offenses, or the attempts or conspiracies thereof. In this case, the registration of the convict in the Registry shall be mandatory rather than subject to plea bargaining.
History —Sept. 9, 2004, No. 266, § 3; Aug. 8, 2008, No. 202, § 1; Dec. 14, 2011, No. 243, § 2.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 47 - Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse (§§ 535-535h — 536h) › § 536d - Declaration of dangerous sexual offender; obligations

In cases of recidivism by sexual predators and in those thus determined by the court due to the nature of the sexual crime or the violent circumstances in which it was committed, it shall order two professionals specialized in the science of human conduct and sexual problems to examine the convict to determine if said person has an irrepressible tendency to commit sexual crimes as a result of suffering a mental or personality disorder that makes him/her a threat to the community. The examination shall be performed and a report shall be rendered to the court within the thirty (30) days following the ruling or verdict. If the court determines, based on those reports, that the person suffers from a mental or personality disorder that causes him/her to incur this type of conduct, it shall declare him/her a dangerous sexual offender. Once the person is notified of said determination, he/she shall file his/her objections within a term of ten (10) days counting from the date of notice. The court shall set a hearing and the person may present the pertinent evidence with all guarantees of a due process of law.
The person declared a dangerous sexual offender shall be registered for life, as provided in §§ 536—536h of this title.
The person declared a dangerous sexual offender shall inform his/her address or notify that there has been no change in the same to the Police Headquarter of the jurisdiction in which he/she resides every ninety (90) days, following the procedure established through regulations adopted by the System. Information on the physical traits that identify the person, the date and place of birth, social security number, place of work and criminal background shall also be included in the Registry.
History —Sept. 9, 2004, No. 266, § 6, eff. 90 days after Sept. 9, 2004.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 47 - Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse (§§ 535-535h — 536h) › § 536e - Notice to law enforcement agencies and the community

The information of a registered person found in the System, as provided in §§ 536—536h of this title, shall be furnished to law enforcement agencies as well as to state or federal government agencies in the performance of their duties, including the Department of Housing and the Department of the Family of Puerto Rico. Said information shall also be provided to any person, company, or organization that so request in writing, including such private persons and institutions for which this information is of interest due to the nature of their activities, in view of the threat and danger posed to them by the persons who commit any of the offenses listed in §§ 536—536h of this title. This shall include, without it being understood as a limitation, the victim and his/her family, schools, institutions and child-care establishment, recreational facilities, institutions for abused children and women, each of the jurisdictions where the sex offender resides, works, or studies, or where a change of residence, work, or school occurs, and the agencies charged with carrying out the criminal record and background checks necessary to apply for a job, as required by Section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a).
The System shall approve the necessary regulations to make the information available to the public. In these cases, the information registered in the System shall be provided by the Puerto Rico Police. The name of the crime victim shall not be revealed.
The System shall transmit the information that appears in the Registry by electronic forwarding to the National Sex Offender Registry (NSOR) of the Federal Bureau of Investigation or to the corresponding Database.
History —Sept. 9, 2004, No. 266, § 7, renumbered as § 6 and amended on Dec. 14, 2011, No. 243, § 6.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 47 - Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse (§§ 535-535h — 536h) › § 536f - Publication of the Registry on the Internet and written press

The Registry and any information pertaining thereto shall be made available on the Internet to the public and to all jurisdictions of the United States. The System shall maintain the Internet site in a manner that allows any interested person to obtain relevant information for each sex offender, without it being understood as a limitation, by a single query for: the name, surnames, aliases, current photograph, physical description, the offense resulting in the inclusion of the offender in the Registry, zip code, town, or any other information of interest serving as search query. The System shall also include in the design of its Internet site all field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website.
It is further provided that the System shall take the necessary steps to publish such Registry in a newspaper of general circulation in Puerto Rico at least once a year.
The following information shall not be disclosed:
(a) The identity of any victim.
(b) The Social Security number of the sex offender.
(c) Any reference to arrests of the sex offender that did not result in conviction.
(d) The passport or alien registration number of the sex offender.
(e) The Internet site, electronic mail, and username that identifies the sex offender in social networks.
(f) Any other information exempted from disclosure, as provided by the System through regulations.
For the purposes of the information available on the Internet site, the System shall identify in a separate classification any person convicted of a child abuse offense set forth in §§ 450c and 450d of Title 8, when such conduct involves child abuse.
The Internet site shall include, to the extent practicable, links to sex offender safety and education resources, as well as information about how to keep the community safe. Furthermore, the site shall include instructions on how to seek correction of erroneous information.
The Internet site shall include a warning that information on the site should not be used to unlawfully injure, harass, or commit a crime against any individual named in the Registry or residing, working, or studying at any reported address. The warning shall note that any such action could result in civil or criminal penalties. It shall further warn that when such information is intended to be used for any additional legal action, the information shall be validated with the System prior to its use.
History —Sept. 9, 2004, No. 266, § 8, renumbered as § 7 and amended on Dec. 14, 2011, No. 243, § 7.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 47 - Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse (§§ 535-535h — 536h) › § 536g - Qualified immunity

Any person in charge of enforcing the purposes and duties imposed by §§ 536—536h of this title shall be held harmless and immune from civil liability when acting in good faith in the performance of his/her duties.
History —Sept. 9, 2004, No. 266, § 10; renumbered as § 9 on Dec. 14, 2011, No. 243, § 8.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART II - Court Administration (§§ 301 — 536h) › Chapter 47 - Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse (§§ 535-535h — 536h) › § 536h - Penalties

Any person who violates the provisions of §§ 536—536h of this title shall incur a felony and upon conviction shall be sanctioned with the penalty of a fine that shall not exceed six thousand dollars ($6,000) and the penalty of imprisonment that shall not exceed two (2) years, or both penalties, at the discretion of the court.
Any fine imposed under §§ 536—536h of this title shall revert to the Criminal Justice System, created by virtue of §§ 531 et seq. of this title, to guarantee its effective operation.
History —Sept. 9, 2004, No. 266, § 11, renumbered as § 10 and amended on Dec. 14, 2011, No. 243, § 9.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 51 - Penal Institutions (§§ 551-553 — 597-597e) › § 554 - Contracts for physicians’ services

The Secretary of Justice is hereby authorized to contract for the services of physicians, psychiatrists and psychologists, whether American or alien citizens, not heretofore authorized to practice the medical profession in Puerto Rico, for the purpose of rendering professional services in the penal institutions of Puerto Rico. The said appointments shall not be subject to the provisions of the Personnel Act, Act No. 345 of May 12, 1947, nor to the requirement of citizenship.
History —May 14, 1949, No. 361, p. 1106, § 1.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 51 - Penal Institutions (§§ 551-553 — 597-597e) › § 555 - Contracts for physicians’ services—Qualifications and training

The physicians and psychiatrists whose services are to be contracted for under the provisions of § 554 of this title shall meet the requirements established by § 1(b) of Act No. 383 of April 22, 1946.
History —May 14, 1949, No. 361, p. 1106, § 2.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 51 - Penal Institutions (§§ 551-553 — 597-597e) › § 576 - Municipal jails, commonwealth prisoners in

That the Secretary of the Treasury be, and he hereby is authorized, empowered and directed to investigate and settle the expenses of the municipalities of Puerto Rico arising from certain expenses that have been [incurred], during the fiscal year 1906-07, or may hereafter be incurred by them on account of the maintenance in municipal jails of prisoners sentenced by or awaiting trial in the Court of First Instance for offenses against the Commonwealth laws.
History —Mar. 13, 1907, p. 301, § 1.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 51 - Penal Institutions (§§ 551-553 — 597-597e) › § 577 - Municipal jails, Commonwealth prisoners in—Classification of prisoners for district and municipal jails

All prisoners sentenced for violations of the Commonwealth laws to terms of imprisonment of less than 30 days shall be imprisoned in the municipal jails of the respective municipalities in which the sentence of the court is pronounced; and all prisoners likewise sentenced for a term of 30 days or more shall be imprisoned in the district jail of the respective part of the Court of First Instance; Provided, however, That all prisoners sentenced by the Vieques part of the District Court for any term of imprisonment shall be confined in the jail provided for in the act entitled, “An Act to provide for the establishment of a jail in the island of Vieques,” approved March 14, 1907.
History —Mar. 13, 1907, p. 301, § 2; Mar. 5, 1908, p. 173, § 1.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 51 - Penal Institutions (§§ 551-553 — 597-597e) › § 578 - Municipal jails, Commonwealth prisoners in—Payments to municipalities

The Secretary of the Treasury is hereby authorized to reimburse the treasurers-school directors and the treasurer of the Government of the Capital, from the annual appropriation authorized in the Commonwealth budget, the expenses incurred by the municipalities in the maintenance of prisoners detained in municipal jails for violations of Commonwealth laws, based on the rate of daily ration that the Secretary of Justice may prescribe through regulations.
History —Mar. 13, 1907, p. 301, § 3; May 9, 1944, No. 78, p. 170, § 1, eff. 90 days after May 9, 1944.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 53 - Parole and Good Conduct Allowances (§§ 601-616 — 653) › § 616a - Per diems and mileage for persons appearing at hearings; regulations

(a) The Parole Board is hereby authorized to pay per diems and mileage to the persons who, upon summons or notice, appear at hearings before said Board, or before an examiner appointed by it.
(b) The Parole Board shall adopt the necessary regulations to determine the amount and manner of payment of the per diems and mileage provided in the preceding subsection. Said regulations must be approved by the Secretary of Justice and shall also be promulgated in accordance with Act June 30, 1957, No. 112.
History —May 15, 1962, No. 11, p. 9, §§ 1, 2.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 53 - Parole and Good Conduct Allowances (§§ 601-616 — 653) › § 652 - Misdemeanor; limit of jail confinement

In any offense which constitutes a misdemeanor entailing imprisonment in jail, said confinement shall not exceed one (1) year, with the exception of any violation of subsection 2 of § 203 of the Penal Code which penalty shall remain the same.
Nothing herein provided shall alter the provisions established by the law and/or the Penal Code of Puerto Rico regarding penalty other than confinement in jail.
History —June 23, 1969, No. 59, p. 114, § 1.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 53 - Parole and Good Conduct Allowances (§§ 601-616 — 653) › § 653 - Prison confinement; reduction for misdemeanor

(a) The court shall motu proprio or at the request of an interested person reduce the penalty to a term not to exceed one (1) year to any person sentenced who is serving a prison term of more than one (1) year for a misdemeanor.
(b) This section shall be applicable to the persons convicted of a violation of subsection 2 of § 203 of the Penal Code of Puerto Rico.
History —June 23, 1969, No. 61, p. 116, §§ 1, 2.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 55 - Criminal Statistics (§§ 661 — 670) › § 661 - Bureau of Judicial and Criminal Statistics, created

A Bureau of Judicial and Criminal Statistics for the Commonwealth of Puerto Rico is hereby created. Said Bureau shall have its headquarters on the premises of the Department of Justice, and shall be under the control and direction of the Secretary of Justice.
History —Mar. 11, 1909, p. 230, § 1.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 55 - Criminal Statistics (§§ 661 — 670) › § 662 - Classes of statistics

Said statistics shall be divided in two classes, namely: judicial statistics, which shall comprise all such data as may be necessary to determine the labors accomplished by the courts of justice of Puerto Rico; and criminal statistics, which shall furnish the necessary data for ascertaining the growth of criminality in the country, examine the causes thereof and prescribe the remedies.
History —Mar. 11, 1909, p. 230, § 2.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 55 - Criminal Statistics (§§ 661 — 670) › § 663 - Judicial statistics; felonies, misdemeanors, etc

Under judicial statistics a separate examination shall be made of felonies and misdemeanors, each of these to be specified substantially as follows: Felonies
(a) Cases adjudged. — Names of defendants.-Whether confined or at large, and amount of bonds.-Classification of the crime.-Nature of the trial.-Verdict.-Petitions subsequent to the verdict.-Decision of the court.-Date of the sentence.-Punishment imposed.-Appeal taken.
(b) Dismissal of proceedings. — Name of defendants.-Date of the complaint.-Crimes charged.-Motion of the prosecuting attorney.
Misdemeanors:
Names of defendants.-Whether confined or at large, and the amount of the bail-bond.-Classification of the offense.-Date of sentence.-Appeal taken.
Appeals.-Names of defendants.-Offenses charged.-Whether confined or at large, and amount of bond.-Court from which the appeal is taken.-Punishment imposed by the trial court.-Penalty imposed in the appellate court.-Appeal taken therefrom.
The judicial statistics shall also comprise a statement of applications for habeas corpus, certiorari, mandamus, and such other similar remedies as may be availed of in criminal cases.
History —Mar. 11, 1909, p. 230, § 3.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 55 - Criminal Statistics (§§ 661 — 670) › § 664 - Criminal statistics

Under the criminal statistics shall be included an examination of the offender viewed physically and morally, and all such other indications as may be necessary for the purpose of a complete identification.
Said examination shall substantially contain the following data:
(1) Name of the offender.-His place of birth.-Residence.-Age.-Profession or trade.-Filiation.-Color.-Education.-Whether married or single.-Habits as to the use of alcoholic liquors.-Concubinage.
(2) Hereditary antecedents.
(3) Penal record.
(4) Anthropometric data.
History —Mar. 11, 1909, p. 230, § 4.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 55 - Criminal Statistics (§§ 661 — 670) › § 665 - Blanks for reports

It shall be the duty of the Secretary of Justice to prepare the necessary blanks concerning the date specified under §§ 663 and 664 of this title, to be forwarded to judicial, administrative and police officials, both Commonwealth and municipal, who by reason of their offices are qualified to furnish the data therein required.
History —Mar. 11, 1909, p. 230, § 5.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 55 - Criminal Statistics (§§ 661 — 670) › § 666 - Rules and regulations

The Secretary of Justice is authorized to specify in said blanks such data as in a general way are hereby required, and to include any others that may be deemed by him necessary or advisable for the success and completion of the statistical work; and also to adopt such rules and regulations as he may judge necessary to the proper performance of this service.
History —Mar. 11, 1909, p. 230, § 6.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 55 - Criminal Statistics (§§ 661 — 670) › § 667 - Annual summary and recommendations

It shall be the duty of the Secretary of Justice to publish each year, a summary of the statistical labors accomplished during the preceding one, and make such recommendations as may be necessary for the improvement thereof; he shall state therein the labors realized by the courts of justice during the preceding years, specify the condition of criminality, point out the causes which, in his opinion, have brought it about, and specially recommend such measures as he may deem advisable for the diminution thereof.
History —Mar. 11, 1909, p. 230, § 7.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 55 - Criminal Statistics (§§ 661 — 670) › § 668 - Quarterly summaries

In addition to the summary provided for in § 667 of this title, the Secretary of Justice shall prepare in March, June, September and December of each year a summary of the work done by the courts of the Commonwealth in criminal matters, specifying the number of causes adjudged or otherwise disposed of in each, so as to be able to furnish such information therein as may, at any time, be required of him.
History —Mar. 11, 1909, p. 230, § 8.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 55 - Criminal Statistics (§§ 661 — 670) › § 669 - Information to be furnished by courts, officers, and agencies

It shall be the duty of all courts of justice, prosecuting attorneys, departments of the Commonwealth government, municipal offices and any other Commonwealth or municipal officials, to forward such information as may be required of them by the Secretary of Justice and also to fill out the blanks sent to them for that purpose.
History —Mar. 11, 1909, p. 230, § 9.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 55 - Criminal Statistics (§§ 661 — 670) › § 670 - Penalty for failure to furnish information; false statements

Any official who shall refuse or neglect to furnish the information relating to matters connected with this service, required of him by the Director of the Bureau of Statistics, and any official or person who shall wilfully make a false statement in the blanks supplied to him or in the reports he has been requested to submit, shall be guilty of a misdemeanor.
History —Mar. 11, 1909, p. 230, § 10.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 58 - Access to Justice Fund (§§ 694 — 702) › § 694 - Creation

The Puerto Rico Access to Justice Fund (hereinafter the “Fund”) is hereby created to provide resources to nonprofit organizations that provide free legal aid for cases involving civil matters, Juvenile Court, and Drug Courts to persons qualified as low-income individuals in accordance with federal poverty guidelines, wherein the interest earned in the accounts known as “Interest on Lawyer Trust Accounts” (IOLTA) shall be deposited, as provided in this Act.
History —Dec. 26, 2013, No. 165, § 1.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 58 - Access to Justice Fund (§§ 694 — 702) › § 696 - IOLTA Accounts

(a) A lawyer or law firm receiving qualified deposits from a client shall maintain an IOLTA account wherein such qualified funds shall be deposited in accordance with the provisions of Canon 23 and the provisions and definitions of this chapter.
(b) A lawyer or law firm shall deposit qualified funds that cannot earn net income for the client in the IOLTA Account, in accordance with the provisions of this chapter and the regulations adopted thereunder, the provisions of the Puerto Rico Code of Professional Ethics, (4 L.P.R.A. Ap. IX), and following the criteria below:
(1) Qualified deposits of depositing clients shall not be commingled with the lawyer or law firms” own money;
(2) A lawyer or law firm may pool qualified deposits of in a single IOLTA account, provided that a ledger for the qualified deposits of each depositing client is kept;
(3) Every IOLTA account shall be maintained in an approved depository institution, as provided in § 701 of this title;
(4) Nothing in this chapter shall be inconsistent with the inherent power of the Supreme Court of Puerto Rico to regulate the legal profession and impose ethical rules on lawyers.
IOLTA accounts shall include the name of the lawyer or law firm and be identified as “IOLTA Funds Account” in every check and deposit slip.
History —Dec. 26, 2013, No. 165, § 3.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 58 - Access to Justice Fund (§§ 694 — 702) › § 697 - Puerto Rico Access to Justice Fund

(a) The Puerto Rico Access to Justice Fund (hereinafter the “Fund”) is hereby created.
(b) Every depository institution shall remit to the Fund any interest earned in accounts identified and described as IOLTA accounts in accordance with the provisions of this chapter, which shall be denominated as IOLTA Funds.
(c) The Fund may receive income from other sources as defined by law or regulations.
History —Dec. 26, 2013, No. 165, § 4.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 58 - Access to Justice Fund (§§ 694 — 702) › § 698 - Access to Justice Fund Administrative Board

(a) The Access to Justice Fund Administrative Board, or Administrative Board, is hereby created to be composed of five (5) members. Said members shall be older than 21 years of age and have experience in the provision of free legal aid services to low-income individuals. Three (3) members shall be lawyers admitted to the bar in the jurisdiction of the Commonwealth of Puerto Rico and have, at least, five (5) years of work experience practicing law. One (1) member shall be a finance and/or accounting professional with, at least, five (5) years of professional experience. The other member shall belong to the academic, civic or community field or be known for his/her active involvement and recognition in the civil society.
(b) All the members of the Administrative Board shall be appointed by the Governor of Puerto Rico; one of the members shall be designated as the Chairperson of the Board. The Chairperson of the Administrative Board shall be appointed by the Governor with the advice and consent of the Senate of Puerto Rico.
(c) The Secretary of the Department of Justice, the President of Puerto Rico Bar Association, and the deans of the Law Schools of Puerto Rico that offer legal aid programs shall be ex-officio members of the Administrative Board with voice, but not vote, and shall not be considered to constitute a quorum. Each ex-officio member may designate a person to represent him/her in the Administrative Board.
(d) Neither the employees, the members of the boards of directors of access to justice entities that receive monies from the Fund, nor lawyers providing free legal aid services through such entities may be members of the Administrative Board. This prohibition shall not apply to ex-officio members or their representatives.
(e) No elected public official may be a member of the Administrative Board.
(f) Members of the Administrative Board shall hold office for a term of three (3) years, except for the first appointments which shall be staggered as follows to prevent the terms of more than two (2) members from expiring in the same year: one (1) member shall be appointed to a one (1)-year term; two (2) members shall be appointed to two (2)-year terms, and the remaining two (2) members shall be appointed to three (3)-year terms. The members of the Board may serve for up to two (2) consecutive terms.
History —Dec. 26, 2013, No. 165, § 5.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 58 - Access to Justice Fund (§§ 694 — 702) › § 699 - Funding and logistics

(a) Not more than ten percent (10%) of IOLTA funds shall be used to defray the Fund’s operating and administrative expenses in any fiscal year.
(b) The Administrative Board shall appoint an Executive Director to direct the works of the Fund and additional officials as are necessary to perform its functions. The Administrative Board may terminate the services of these officials when it deems it appropriate in accordance with the applicable labor laws.
(c) The Fund is hereby granted an initial one-time appropriation of three hundred thousand dollars ($300,000) to begin its administrative operations. Beginning Fiscal Year 2013-2014, the Secretary of the Treasury shall request annually, independently from its budget appropriation, two hundred thousand dollars ($200,000) for the annual operations of the Fund.
(d) The Administrative Board is hereby authorized to establish infrastructure as necessary to achieve the purposes of this chapter. It is hereby provided that the nonprofit entity to be established shall not be a Government Agency, and that, once it is established, such nonprofit entity shall be empowered to request the funds provided in subsection (c) of this section.
History —Dec. 26, 2013, No. 165, § 6; Apr. 25, 2015, No. 56, § 1.
2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART III - Miscellaneous Provisions (§§ 551-553 — 702) › Chapter 58 - Access to Justice Fund (§§ 694 — 702) › § 701 - Regulation and certification of depository institutions

(a) The Fund shall enter into written agreements with the Office of the Commissioner of Financial Institutions (OCFI), the Puerto Rico Public Corporation for the Supervision and Insurance of Cooperatives (COSSEC), and depository institutions to evaluate and determine which institutions may offer IOLTA accounts and issue a certification for such purposes. The Fund shall identify IOLTA accounts in every qualified depository institution in order to directly receive IOLTA funds earned in IOLTA accounts.
(b) Depository institutions under the jurisdiction of OCFI and/or COSSEC shall pay IOLTA accounts an interest rate equal to or higher than the highest non promotional rate paid to business accounts of regular customers.
(c) Service charges that may be collected by depository institutions shall be limited to reasonable charges relating to the costs of operating IOLTA accounts in the customary way, such as per check fees, transaction costs, and maintenance fees. Fees, including but not limited to, insufficient funds and overdraft fees shall not be considered reasonable charges.
(d) Duties of the participating depository institutions regulated by OCFI and/or COSSEC:
(1) After identifying IOLTA accounts as designated and described in this chapter, certified depository institutions shall:
(A) Deduct service charges from the total interest earned on IOLTA accounts, provided, that service charges shall be equal to or less than the lowest charge offered to business accounts of regular customers; and then
(B) Remit any remaining interest to the Access to Justice Fund.
(2) This process shall be followed at least four (4) time every year, as prescribed by the regulations of OCFI, COSSEC, and the Fund’s Administrative Board.
History —Dec. 26, 2013, No. 165, § 8.