P.R. Laws tit. 4, § 1223

2019-02-20 00:00:00+00
§ 1223. Operation of stores

The Administration is hereby authorized to establish and operate stores in correctional institutions and facilities to enable the sale of products and goods to the members of the correctional population. The operation of these stores shall be made, subject to the regulations that are approved to rule the availability of goods and products, accountability of funds and supervision of these activities and to guarantee security in the institutions.

The stores to be established in the institutional facilities of the Administration shall only sell goods or products authorized through the regulations approved by the Administrator, together with the Secretary of Corrections and Rehabilitation, as provided by §§ 2101 et seq. of Title 3, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”. Sales to the members of the corrections population shall constitute a privilege that may be temporarily or permanently suspended for just cause. These regulations shall only apply to the members of the corrections population, and sales to resident employees may be authorized when certain circumstances of their work justify it. Sales to the members of the corrections population shall be charged to the money each one has deposited in their account established in the Special Fund of the Commonwealth Treasury created by this chapter.

The Administration may operate the stores it establishes as provided in this section, directly or through a concession or other agreement with government agencies, corporations or public instrumentalities, municipalities or profit or nonprofit persons or entities. Every concession or agreement executed pursuant to the provisions of this section shall be preceded by a feasibility and convenience study of this delegation and of the term of said concessions, contracts or agreements, and shall be carried out pursuant to the bidding procedure, subject to periodic evaluations and to the authority of the Administration to continue or terminate these contracts, in order to guarantee the compliance of the conditions imposed, thus guaranteeing the optimum administration of these stores.

The Administration shall provide, to the extent possible, the spaces needed for the operation of these stores in institutional facilities, whether free of charge or through a reasonable rental rate.

The moneys obtained from the operation of the stores shall be accounted separately from any other funds of the Administration.

The Administrator, together with the Secretary of Corrections and Rehabilitation shall review the procedures regarding the administration of the stores annually and shall set forth any rule deemed necessary to optimize the use thereof by the members of the corrections population.

History —July 22, 1974, No. 116, Part. 1, p. 501, added as § 33 on Jan. 4, 2000, No. 4, § 3.