P.R. Laws tit. 25, § 3126

2019-02-20 00:00:00+00
§ 3126. Undercover agents; special rules

The provisions of §§ 3101 et seq. of this title notwithstanding, those members of the Force who are assigned to perform as undercover agents shall be treated in the following manner while performing as such:

(a) They shall receive time-and-a-half (1 1 / 2) salaries within the maximum salary schedule assigned to their rank while performing as undercover agents. In the case of a cadet who is performing as an undercover agent, the salary to be assigned shall be determined on the basis of the rank as agent.

(b) The Superintendent shall take all the necessary administrative measures to guarantee the safety and the secret identity of the undercover agent. Their salaries shall be disbursed by the Police as cash payments. The Superintendent shall also make monthly cash disbursements to the undercover agents for the amount of money needed to cover the employer’s contribution towards a private individual or family health insurance plan, at the request of the undercover agent. Salary contributions towards the payment of income taxes or any benefits or obligations such as, for example, the State Insurance Fund, retirement plans, loans or fees, shall be withheld and deposited in a special account in custody of the Superintendent. Once the undercover agent has been relieved from such duties, the Superintendent shall remit the corresponding amount of money to every creditor agency, institution or organization. Provided, that notwithstanding the back payments that may arise due to the security measures already mentioned in this subsection, undercover agents shall be fully protected by all the benefits for which their contributions were withheld and which were deposited in the special account in custody of the Superintendent.

(c) Upon being released from his/her duties as an undercover agent, the member of the Police shall be reinstated to the corresponding rank and salary schedule before being designated as an undercover agent.

(d) Undercover agents shall only be used to carry out investigations of a strictly criminal nature. The participation or intervention of undercover agents and of any other members of the Police in investigations or activities other than those of strictly criminal nature is hereby totally prohibited.

(e) Under no circumstance shall a person under eighteen (18) years of age be recruited by the Puerto Rican Police to perform work as an undercover agent.

History —June 10, 1996, No. 53, § 27; Jan. 1, 2003, No. 6, § 1.