P.R. Laws tit. 4, § 536c
Sex offenders shall register and keep their information current in the Police Headquarters of the jurisdiction where they reside. In the event that a sex offender studies or works outside of the jurisdiction of Puerto Rico, the offender shall register in the state or territory of the United States of America where he/she studies or works. For initial registration purposes only, a sex offender shall also register in the jurisdiction in which he/she was convicted if such jurisdiction is different from the jurisdiction of residence.
Sex offenders shall carry out their initial registration within three (3) business days counted as of their release from prison or their release on probation or parole, or their admittance to a diversion, treatment, or rehabilitation program established by the Corrections Administration.
As part of the registration process, the sex offender shall furnish the following information, pursuant to §§ 536—536h of this title: name (including pseudonyms or alias used), social security number, date of birth, telephone numbers, electronic mail, Internet site, designation used as a method of identification in the social networks on the Internet, the address of each residence at which the sex offender resides or shall reside, place of residence for the last ten (10) years, the number of any professional license if the sex offender holds one, name and address of any place of current or future employment or where he/she has worked for the last ten (10) years; name and address of any institution where the sex offender was a student, is a student, or shall be a student, license plate number and description of any vehicle that the sex offender owns or operates, including watercraft or aircraft, among others, and any other information as required through Regulations by the System. In the event that the sex offender has no permanent residence or street address, he/she shall provide the name, description, or physical location of his/her habitual residence or where he/she spends the night, including, but not limited to a park, street, shelter, or similar place.
The sex offender shall notify in person to the Police Headquarters of the jurisdiction where he/she resides of any change of name, vehicle, temporary or permanent residence, employment, or student status, not later than three (3) business days after such change. In the case of a person of another country who has been convicted of a sex offense or child abuse by a federal, state or military court, or a court of his/her country, and resides in Puerto Rico, or who is in Puerto Rico by reasons of work or study, even if such offender does not intend to establish a residence in Puerto Rico, he/she shall be required to register and shall carry out his/her registration not later than three (3) days after his/her arrival to Puerto Rico.
Provided, That whenever the offender intends to change of residence, employment, or study to a jurisdiction outside of the United States, the offender shall notify such situation in person to the corresponding Police Headquarters, including the place of destination, as well as any other information required through regulations, at least twenty-one (21) days before such change or travel takes place.
However, the Puerto Rico Police shall establish exceptions to this requirement through the regulations approved in case of emergencies or any other circumstances that prevent the offender from notifying the situation twenty-one (21) days in advance.
In the event that the offender has notified the travel, or the change of residence, work, or school to another jurisdiction outside of the United States, pursuant to above paragraph, such information shall be immediately remitted to the System and the U.S. Marshals Service.
Compliance with the registration requirements of §§ 536—536h of this title shall be set forth as a condition for release on probation or parole or to be admitted to a diversion treatment, or rehabilitation program established by the Corrections Administration. Noncompliance with any registration duty or requirement imposed in §§ 536—536h of this title shall be grounds for revocation of such release or admittance.
The sex offender shall appear in person to the Police Headquarters of the jurisdiction where he/she resides to update and verify the information contained in the Registry and to have his/her photograph, fingerprints, and palm prints taken:
(a) Each year, if the offender is a Tier I Sex Offender.
(b) Every six (6) months, if the offender is a Tier II Sex Offender.
(c) Every three (3) months, if the offender is a Tier III Sex Offender.
The Police shall annually verify the accuracy of all the information furnished by the sex offender. The Police shall also conduct inspections on shorter periods to those specified above when information is received confidentially or by any other means about a change in the residence, work, or place of study of the offender, which constitutes noncompliance with the duty to notify required by §§ 536—536h of this title.
For such purposes, the sex offender shall fill out the form provided by the Police Headquarters to such effects, pursuant to the procedure established through regulations adopted by the System, in coordination with the Puerto Rico Police.
Provided, That in the event that the sex offender is unable to appear in person to the Police Headquarters under the conditions provided above due to hospitalization or another justified cause, the offender shall notify the Police Headquarters of his/her jurisdiction, as soon as possible, for the assessment of the circumstances and, if deemed meritorious, the personal appearance of the sex offender shall be rescheduled to take place as soon as possible.
A sex offender shall keep the registration current and meet the requirements established in §§ 536—536h of this title for the following registration periods:
(a) Fifteen (15) years, if the offender is a Tier I Sex Offender;
(b) twenty-five (25) years, if the offender is a Tier II Sex Offender, and
(c) the life of the offender, if the offender is a Tier III Sex Offender.
The terms herein provided shall start to count as of the sex offender’s release from prison after having served the sentence of imprisonment imposed, and the Corrections Administration notifies the registration of the offender in the Registry. In the case of release on parole or probation, or admittance to a diversion, treatment or rehabilitation program, the registration period shall start to count from the time a sentence, resolution, or determination is issued to participate in such programs and notice of registration is served.
A Tier I Sex Offender shall be eliminated from the Registry before the fifteen (15)-year term mentioned above has elapsed should the offender maintain a clean record for a ten (10)-year term. The court shall state in its order or resolution if the information may be kept sealed or confidential for recidivism purposes.
For purposes of this section, a person shall maintain a clean record by meeting the following requirements:
(a) Not being convicted of any felony or sex offense during the term established in the above paragraph;
(b) successfully completing any periods of supervised release, probation, or parole, and
(c) successfully completing an appropriate sex offender treatment and rehabilitation program administered by centers certified and authorized by the Secretary of the Corrections Administration.
Provided, That eliminations from the Registry shall not be made automatically and shall be authorized by the corresponding court considering the minimum ten (10)-year term mentioned previously. The System shall adopt regulations as necessary to comply with the aforementioned provisions.
In the case of diversion, treatment, and rehabilitation programs established by the Corrections Administration, once the offender meets the conditions imposed by the court and the latter orders the stay of the criminal action, as provided by the laws corresponding to these programs, the System shall eliminate the offender from the Registry herein established.
Notwithstanding the above, in the event that a sex offender becomes a protected witness or informant of the Government of Puerto Rico or the United States of America, the Secretary of the Department of Justice of Puerto Rico, as deemed pertinent, shall protect the confidentiality of the identity and the location of such person. To such effects, the System shall establish an alternative process for registration and follow up of sex offenders.
History —Sept. 9, 2004, No. 266, § 5; Dec. 14, 2011, No. 243, § 4.