P.R. Laws tit. 4, § 536a

2019-02-20 00:00:00+00
§ 536a. Creation

A Registry of Persons Convicted of Sex Offenses and Child Abuse is hereby created and provided for in the Criminal Justice Information System. The following shall be registered therein:

(a) Tier I, II, and II Sex Offenders.

(b) Persons who have been or are convicted of offenses similar to those listed in § 536 of this title, or the attempts or conspiracies thereof, by a federal, state, foreign, or military court, whose right to the due process of law has been safeguarded in the country where they were convicted, and who transfer to Puerto Rico to establish their residence, or who, for work or study reasons, are residing in Puerto Rico, although they do not intend to establish their residence on the Island.

(c) Convicted persons who were released on parole, probation or conditional release, or any other alternative method to serve their prison time for any of the offenses, or attempts thereof, listed in § 536 of this title.

(d) Persons who, at the time of the approval of this act, are imprisoned or participating in a diversion, treatment, or rehabilitation program of the Corrections Administration or who, after the approval of this act, are admitted to such a program for committing any of the offenses listed in § 536 of this title, or the attempts or conspiracies thereof. Provided, That, in these cases, once the offender meets the conditions imposed by the court and the latter orders the stay of the criminal action, as provided in the pertinent laws governing such programs, the System shall eliminate the offender from the Registry herein established.

(e) Persons who, at the time of the approval of this act, were required to register under Act 28-1997, as amended, shall be registered.

(f) Persons convicted of any of the offenses listed in § 536 of this title, who already served the sentence imposed and are not registered or serving any sentence for any of such offenses, should they be convicted of a felony other than a sex offense as listed in § 536 of this title. However, in these cases, the time elapsed from the time the sentence was served out, or an alternative method to serve prison time, to the registration of the Registry herein established shall be credited for the purpose of the registration period in the Registry.

(g) Persons convicted of any of the offenses listed in § 536 of this title and who have plead guilty of any of the offenses, or the attempts or conspiracies thereof. In this case, the registration of the convict in the Registry shall be mandatory rather than subject to plea bargaining.

History —Sept. 9, 2004, No. 266, § 3; Aug. 8, 2008, No. 202, § 1; Dec. 14, 2011, No. 243, § 2.