P.R. Laws tit. 3, § 402k
Any person convicted for any public offense who is confined in one of the correctional institutions under the jurisdiction of the Corrections Administrator, and who is addicted to narcotic drugs or alcohol, shall be submitted to treatment which shall be compulsory.
The following procedure is hereby established to evaluate those cases of prisoners who are in the stage of being transferred to the Administration’s institutions or private, duly-licensed institutions to continue treatment and rehabilitation, subject to the conditions established through regulations.
(a) The cases shall be submitted to a committee which shall be denominated as the “Transfer Committee”, composed of representatives of the Administrator, the Corrections Administrator and duly-licensed private programs that render services to the penal population. Once the case is evaluated, the Transfer Committee shall determine whether the prisoner qualifies for additional treatment and rehabilitation and shall recommend the Corrections Administrator to transfer him/her to the corresponding Administration facility, or private duly-licensed institution which meets the basic requirements, by regulations, to receive this type of population. The Corrections Administrator shall make a final decision with regard to the transfer of prisoners to the Administration’s institutions or to private institutions.
(b) Once the transfer is made, the prisoner shall remain in the physical custody of the Administrator or the Director of the private, duly-licensed institution, who shall adopt all those norms, rules and measures needed to guarantee their custody during treatment and rehabilitation, as well as the protection of public safety. The time that the prisoner is subject to treatment and rehabilitation, including the term of leaves provided in this section, shall be credited to his/her sentence.
(c) The Administrator, or the Director of the private institution, may grant permits to the prisoners transferred by the Corrections Administrator to continue treatment and rehabilitation in facilities or institutions under his/her jurisdiction, to visit their homes or for any other purpose, provided that it is determined that the granting of these privileges constitutes a measure that is convenient and necessary for the rehabilitation of the prisoner. These permits shall be granted pursuant to what the Corrections Administrator has established.
(d) The Director of the facility or institution where the prisoner is under treatment, shall recommend the granting of the permit and the terms and conditions thereof, after consultation with the technical personnel in charge of the treatment and rehabilitation of the prisoner in said institution.
(e) After consulting with the Corrections Administrator, the Administrator shall promulgate regulations that will rule everything related to the granting of permits for leave of the prisoners who are committed in Administration facilities or institutions duly-licensed by it.
(f) Upon returning to the institution after a leave, the prisoner shall be submitted to any examinations that are needed to determine whether he/she has used narcotic drugs or depressant or stimulant drugs. The Director of the facility shall interview the prisoner and shall communicate with his/her family as well as the neighbors to evaluate the results of the visit, in order to evaluate the granting of subsequent permits. The time that the prisoner has been on leave at home through these permits and has had good behavior shall be credited to his/her sentence.
(g) The Administrator or the Director of the private, duly-licensed institution shall keep the Corrections Administrator advised of the development of the treatment and rehabilitation program, and the progress of each case under treatment. If during the course thereof, the Administrator or the Director of the private institution determines, after an evaluation of the case, that the prisoner is not responding to the treatment, or has violated the applicable norms or rules, he/she shall advise the Corrections Administrator of it, who shall proceed to transfer the prisoner to the corresponding penal institution, pursuant to what has been established by regulations.
(h) When the prisoner has completed his/her treatment according to the criteria established by the Administration or the private institution where he/she is undergoing treatment, this fact shall be advised to the Administrator, who shall certify it to the Corrections Administrator.
(i) The Administrator and the Corrections Administrator shall promulgate Regulations for their respective Administrations as needed to enforce the provisions of this chapter.
History —Aug. 7, 1993, No. 67, § 12, eff. 60 days after Aug. 7, 1993.