P.R. Laws tit. 4, § 1136a
The following persons shall not be eligible to participate in the diversion or treatment and rehabilitation programs established by the Administration in accordance with the powers conferred by this chapter, nor in the Halfway House Programs:
(a) Any convict who is serving a sentence for the following crimes:
(1) Murder, rape, incest, sodomy or lascivious acts when the victim is under fourteen (14) years of age.
(2) Violations of §§ 2101 et seq. of Title 24, known as the “Puerto Rico Controlled Substances Act”, except for violations of § 2404 of Title 24.
(3) Violations of §§ 561 et seq. of Title 25, known as the “Puerto Rico Explosives Act”.
(b) Any person convicted for having committed a felony other than those included in subsection (a) of this section, until he/she has served at least twenty percent (20%) of the sentence of imprisonment in a penal institution, excluding any type of reduction and the Corrections Administrator determines this person is not a threat to the community.
(c) Any person convicted of a felony about whom a determination of aggravated recidivism or habitual recidivism has been made according to the provisions of Act No. 115 of July 22, 1974, known as the “Penal Code of the Commonwealth of Puerto Rico.”
(d) Any person convicted who has not satisfied the special penalty provided by § 3214 of Title 33 or its equivalent, or § 4695 of Title 33, part of the new Penal Code of the Commonwealth of Puerto Rico.
(e) Any person convicted of a felony or attempted felony committed with a firearm.
(f) Any person sentenced to the penalty of imprisonment under the new Penal Code of 2004, for a felony in all its degrees, or recidivism in all its degrees.
Inmates under the custody of the Administration with health problems and a prognosis of a short life expectancy and limiting physiological conditions may be excluded from the application of the provisions of this section. For this exclusion to apply, the Corrections Health Program must issue a recommendation to such effect accompanied by a medical certificate stating the prognosis of the inmate’s life expectancy. Furthermore, the inmates shall not constitute a danger to the community.
None of the provisions of this section impairs the duty of the Corrections Administration to provide treatment and rehabilitation pursuant to the provisions of this chapter and the Constitutional Rehabilitation Mandate Act, §§ 1611—1616 of this title.
History —July 22, 1974, No. 116, Part 1, p. 501, added as § 10-A on May 26, 1995, No. 49, § 2; July 29, 1998, No. 183, § 18; July 18, 2001, No. 60, § 10; June 3, 2004, No. 135, § 1; Sept. 15, 2004, No. 315, § 3; Sept. 29, 2004, No. 518, § 1; Mar. 2, 2007, No. 16, § 1.