P.R. Laws tit. 4, § 1273
The Victims’ Rights Committee is hereby created, attached to the Office of the Assistant Administrator of the Correctional Administration, in charge of programs and services for inmate diversion programs. The rights of victims included in §§ 1274—1277 of this title shall be channeled through this committee to guarantee compliance with said rights.
The Victims’ Rights Committee shall be comprised by the following members: the Administrator of the Correctional System or a representative of same; the Secretary of Justice or a representative of same; the President of the Civil Rights Committee or a representative of same; a felony victim or the relative of a felony victim, to be designated by the Governor with the advice and consent of the Senate; and a licensed professional in a mental health field to be designated by the Governor with the advice and consent of the Senate.
To such effects, said Committee shall hold hearings on the evaluation of cases to place members of the correctional population in the programs and services of the inmate diversion programs in those cases where the victim opposes said placement or requests to state his/her opinion through a hearing. Hearings on the evaluation of cases shall only be waived in those cases where it is on record that a certified notice was sent to the crime’s victim stating his/her right to appear at a hearing, or when several attempts have been made to locate and notify the victim on his/her rights and such attempts have been unsuccessful. The victim shall have twenty (20) days to notify the Committee whether or not he/she shall request the hearing. If said term expires and the victim fails to request a hearing, the same may be waived. The Committee shall adopt the measures and procedures necessary for its internal operations; Provided, That in the hearings the mechanism of examiner officers shall not be used, and that its agreements shall be made by a majority plus one of its members. If the Secretary of the Department of Corrections and Rehabilitation and the Correctional Administrator are the same person, the representation of the Administration in the Committee shall befall upon the Sub-Administrator or a representative of same. In the case of Committee members designated by the Governor with the advice and consent of the Senate, these shall qualify for the payment of per diems and mileage in compliance with the legal provisions applicable in these situations.
The Committee shall have the support of technicians, clerks and personnel attached to same, which shall originate from the operational budget of the Administration.
The process set forth in the Correctional Administration, prior to the amendment of Act No. 151 of October 31, 2001 for determinations on the placement in programs and services of inmate diversion programs in these cases shall remain in effect during the transition period until the Victims’ Rights Committee is duly constituted and until it adopts the measures and procedures needed for its operations, not later than June 30, 2002.
History —July 22, 1974, No. 116, Part 1, p. 501, added as § 54 on Oct. 31, 2001, No. 151, § 14; Dec. 23, 2001, No. 180, § 1.