P.R. Laws tit. 4, § 1611
The philosophy, the correctional policy, and the resources of the Government of the Commonwealth of Puerto Rico must be allocated and used to achieve the moral and social rehabilitation of inmates in order for the correctional system to comply with the constitutional mandate set forth in this chapter.
“Rehabilitation” is the process whereby a person who has been sentenced for the commission of an offense shows a change in his/her behavioral pattern that indicates the understanding of the nature and extent of the conduct that led to his/her sentence, the departure from such patterns and attitudes conducive to such conduct, the absence of the risk of relapsing into such conduct, and the ability to live freely within the community at large. This is the purpose sought when a person is admitted to a supervision and custody system, rather than an alternative thereto. The mere existence of these programs and projects of educational, social, cultural, or vocational activities and development does not constitute rehabilitation, but rather, they are tools within the process. The rehabilitation process and the programs in which persons subject to these participate shall be aimed at changing the conduct conducive to criminal activity for which they are serving time.
The components of the criminal justice system shall establish and maintain, in coordination with government agencies and community based organizations, dynamic and interactive programs that enable and empower the development of the capabilities of convicts and inmates, to promote their reentry into the community as productive and useful persons, and repair the damages caused to the victim and society. Although related, rehabilitation and reentry are two different stages that call for coordination to become more efficient. The sole existence of reentry programs does not constitute rehabilitation.
As of the effectiveness of this act, government agencies, mainly the Department of Corrections and Rehabilitation, the Corrections Administration, the Juvenile Institutions Administration, the Employment and Training Enterprises Corporation, and the Parole Board, as well as the concerned community organizations that voluntarily participate in this effort, shall enforce rehabilitation and reentry programs that have an impact on the entire inmate population that requires these services, including adult and juvenile offenders.
To comply with the obligations imposed by this chapter, the rehabilitation system for the population of both convicted adult and juvenile offenders shall meet the following requirements and demands, and include the following characteristics:
(a) To adequately classify the correctional population and constantly review said classification, according to the adjustments and changes of the clientele. This classification shall be performed by multidisciplinary teams that work in the penal institutions or in close relationship with the community programs that voluntarily participate in this effort.
(b) Active integration and participation of the correctional population, their families, the correctional personnel and the victims in the design, implementation, and periodic evaluation of the classification systems and the rehabilitation programs.
(c) To incorporate and broaden the correctional health and mental health programs to such an extent that they shall be available for the entire penal population, according to the work schedule established in this section.
(d) The establishment and periodic evaluation of the effectiveness of the different rehabilitation models on the illegal use of drugs and other addictions, including, without being limited to, voluntary spiritual guidance and therapeutic restriction sentences.
(e) To broaden the education and employment programs through the Employment and Training Enterprises Corporation, in order to have an effect on the entire convicted population interested in participating therein, and to ensure the correct application of the benefits for work and study allowed by the Organic Act of the Corrections Administration and the Penal Code.
(f) To establish a support unit so that, upon serving their sentences, inmates shall have the necessary resources to enable them to identify the means available to them to achieve their full rehabilitation and reentry into society.
(g) Design and develop programs and establish assessment standards to ensure that the rehabilitation process is geared toward changing the behavioral patterns conducive to criminal activity for which time is served.
History —Sept. 16, 2004, No. 377, § 3; Aug. 1, 2008, No. 142, § 1; Dec. 16, 2009, No. 165, § 1.