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DEPARTMENT OF JUSTICE | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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LEGAL AUTHORITY
Section 6 of Article IV of the Constitution of the Commonwealth of Puerto Rico of July 25, 1952 created the Department of Justice. Act 205-2004 known as the Organic Act of the Department of Justice, establishes the duties and responsibilities of the Secretary of Justice, officers and employees of the Department. Reorganization Plan No. 5 of December 27, 2011. MISSION To ensure the faithful enforcement of the Constitution and the laws of the Commonwealth of Puerto Rico, to strengthen the integrity of the government institutions and to defend the People of Puerto Rico in civil and criminal actions, in order to endow the country with an agile and trustworthy justice system that aspires to the highest principles of equality and human dignity. ORGANIZATIONAL STRUCTURE
Legal Counseling and Litigation Representation Program Description Provides legal advice as required by the Office of the Governor, Executive Branch agencies and the Legislative Assembly, on opinions, contracts and requests for legal representation, as provided by Act No.104 of June 29, 1955 as amended, known as, the Claims and Complaints Against the State Act. Provides counsel on projected or filed legislation as well as the originated and sponsored by the Department of Justice. In addition, it provides legal representation services when required by the Governor. It also represents the Government of the Commonwealth of Puerto Rico and its officials in all lawsuits and civil proceedings pursuant to Act No. 9 of November 26, 1975.
Customer The Governor's Office, Executive Branch Agencies, Legislative Assembly, Municipalities And Public Corporations. General Management and Administration Program Description Manages all duties related to the supervision and direction of the Agency. Establishes procedures so that the Agency is administered in such a way that it may reach its goals and objectives. In addition, it advises and offers support to the Department's operational programs so that they may effectively carry out their mission. This Program includes: the Office of the Secretary, that coordinates the Agency's public policy; Human Resources, General Administration, Information Systems and Internal Audit Office. It also includes the operational budget of the Asset Forfeiture Program and the Judicial Thought Development an Training Institute. Customers Programs, entities and employees of the Agency and the general public. Bureau of Special InvestigationsProgram Description
Develops specialized techniques in the field of criminal investigation. In addition, compiles and evaluates information related to state security and investigations. It fights governmental corruption, organized crime and unlawful acts in relation to public service. It offers shelter to witnesses and victims of crime.
Customers Government agencies and the general public Juvenile And Family Affairs Investigations Program Description
Implements the public policy established by
Act No. 88 of July 9, 1986,
as amended, known as the Puerto Rico Minors Act, which imposes the duty to investigate and process minors under the age of 18 who incur in offenses. It represents the Public Ministry in civil proceedings, such as adoptions, declarations of disability, tutorship and judicial authorizations related to the property of minors, among others.
Coordinates the Justice in the Community Program, which provides orientation to teachers, parents, students and community groups regarding the functions of the Department of Justice and the services it provides to the citizenship. In addition, the Closed Circuit Television Project offers services in cases where the Court has determined that a minor victim or witness under the age of 18, should not testify in presence the accused.
Customers
Minors and disabled persons who need legal representation in civil matters, where they have been affected or where their rights may be affected, as well as law enforcement agents that file complaints regarding the commission of crimes or offenses for their eventual investigation and processing, Puerto Rico government agencies and the general public. Criminal Investigation and Prosecution Program Description
Investigates and processes the unlawful acts which constitute a crime. Represents the People of Puerto Rico before the Courts in processes of a criminal nature. It also provides protection and other services to victims and witnesses of crime and extradites fugitives. Develops and participates in projects directed at preventing unlawful acts such as: Drug Courts and other prevention projects in the area of violence against women.
Customers
Citizens and law enforcement agents that present complaints of unlawful acts or crimes for eventual investigation and processing. In addition, victims and witnesses that require orientation and assistance in order to appear at trial. Compensation and Services to Victims of Crime Program Description
Authorizes and grants compensation to victims of crimes who, as a direct result of the crimes stipulated in the enabling Law, are affected or suffer bodily injury, illness or death. Likewise, benefits are also granted to those persons who suffer injury or die as a result of an attack while stopping the commission of a crime, while capturing or trying to capture a suspect of a crime or while assisting a law enforcement officer performing an arrest. The crimes, or attempted crimes for which compensation is offered are the following: murder, involuntary homicide, gross negligence, rape, incest, kidnapping, mutilation, sodomy with minors, lascivious and lewd acts, domestic violence and child abuse. The Law provides for benefits such as funeral services expenses, medical treatment, psychological or psychiatric treatment as well as costs for legal services.
Customers
Anyone in Puerto Rico who has been a victim of a crime as defined by Law. Program Description Records contracts and proceedings related to real estate, through a system of publication of titles. Said system contains the adjudications, modifications and extensions of domain, inheritance taxes, and the judicial resolutions that may affect the rights of the title holders.
Customers Property owners, title investigators, banks, financial institutions and government agencies that require expropriations. Program Description Determines practices that serve to restrict free trade and tend to lead to the unfair concentration of economic power. Therefore, (the program) seeks to eliminate those practices or conditions that diminish the competitiveness of any natural or legal entity within the economic system. Among its basic functions, emphasis is placed on detecting and restricting monopolistic practices through economic and legal studies of the different markets and industries, preparing and promulgating regulations conducive to regulating some economic practices, attend consultations in cases of commercial mergers or acquisitions, among others. In addition, it represents the Government of Puerto Rico before the state and federal court system, in cases related to monopolistic practices.
Customers Consumers, small business owners and Government agencies of the Commonwealth of Puerto Rico.Criminal Justice's Information System Program Description Compiles and maintains information available on the case history of those persons who are indicted and convicted for the commission of felonies in an information system that is updated constantly. Incorporates and maintains said information into a national data base. Provides access and communication facilities to municipal, state and federal law enforcement agencies, enabling them to obtain detailed criminal information, in a precise and timely manner, on persons and events related to the criminal process in Puerto Rico as well as in all jurisdictions and states of the United States. Also develops and provides technical support to projects such as: Sexual Aggressors, follow-up on cases from the District Attorney's Office, Protection Orders, Gangs and Terrorism, Minors Affairs and other components. Access to the electronic register of sex offenders may be obtained at their web page: www.sijc.gobierno.pr Customers The agencies that comprise the Criminal Justice System are: the Puerto Rico Police, General Court of Justice, Department of Correction and Rehabilitation, Parole Board, Department of Justice, Pre-Trial Services Office, and the Municipal Police.
The consolidated budget adopted for Fiscal Year 2012-2013 is $161,788,000. This amount includes $125,896,000 from the Joint Resolution-General Fund, $12,000,000 from Special Appropriations, $13,694,000 in Federal Funds and $10,198,000 from State Special Funds.
Operational expenses reflect an increase of $1,327,000 when compared to funds assigned in fiscal year 2011-2012 due to the allocation of funds for the implementation of the New Classification Plan for the Bureau of Special Investigation and an increase in the amount of Federal Funds received.
Funds from the Joint Resolution of the General Fund will be used to cover the increase in electricity costs, to better the services provided to Victims of Crime and offer competitive salaries to members of the Bureau of Special Investigations through the implementation of the New Classification Plan. These funds will allow the Department to continue to: protect the members of society, enforce citizens rights, maintain the integrity of State Institutions, ensure safety, guarantee fair investigation and processing of anything that constitutes a crime. It also provides for the continuation of services related to child abuse (physical, mental, emotional, sexual and negligence) and for minors that incurred in offenses; continue to fight against organized crime, corruption, and promote antitrust law.
Funds from the Special Appropriations General Fund Include $9,000,000 for the operational costs of all the components of the Drug Courts Program, such as: the Justice Department, the Puerto Rico Police Department, the Mental Health and Drug Addiction Services Administration, the Department of Corrections and Rehabilitation, and the Legal Aid Society. The amount of $200,000 is also recommended to cover the expenses of the Judicial Thought Development and Training Institute and $2,800,000 to cover the legal representation services of the State, as provided by Act 104 of 1955, as amended by Act 9 of November 26, 1965.
State Special Funds are received through inter agency agreements for services rendered and are also assigned through the following legislation: Act 93 of July 13, 1988, known as the Uniformed Asset Forfeiture Act; Act 183-1998, known as the Victim's Compensation Act 44 of August 5, 1989 Property Registry Modernization Act; Act 1 of December 1, 1989 Closing Act, Act 205-2004 Department of Justice Organic Act. Asset Forfeiture funds are from the sale or transfer of all seized property resulting from felonies or misdemeanors, as authorized by law and will be used for the administrative costs. The Special fund for the Automation of the Property Registry is generated from the tariffs paid to register documents files with the Registry. Eight dollars from this tariff goes to this Fund that is used for the implementation of the automated system of the Property Registry, wich will expedite the handling of documents pending registration, and provide better services to tittle search agents, banks and financial institutions, among others.
Victims of Crimes receives fundsing from the imposition of the special penalty for the commission of crimes, established by virtue of the Penal Code of the Commonwealth of Puerto Rico. The Closing Law Fund is generated from fines paid by merchants who violate said law. The Department estimates that expenses incurred by these funds will be the same range as previous fiscal year.
Contributing federal programs are: Crime Victim Assistance and the Edward Byrne Memorial Justice Assistance Program. An increase in funds receive is expected in the amount or $1,136,000. These funds will be used for internal project related to crime prevention and to provide aid to victims of crime, as well as for other law enforcement agencies, minicipalities and non-profit entities.
SUMMARY OF AVAILABLE RESOURCES
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