P.R. Laws tit. 8, § 556
The Administration shall have all the necessary and convenient powers to carry out the purposes and provisions of this chapter, including without limitation the following:
(a) Adopt, alter and use an official seal of the Administration of which judicial notice shall be taken.
(b) Establish the Administration’s internal organization, appoint a Deputy Administrator who shall substitute for the Administrator in case of the temporary absence or resignation of the Administrator and designate the necessary assistant officials.
(c) Appoint, transfer and remove personnel pursuant to the provisions of this chapter and of §§ 1301–1431 of Title 3 and fix and pay the corresponding compensation to the officials appointed or contracted by it. The persons appointed to the office of director shall belong to one of the professions related to human behavior, shall be experienced in them and shall be committed to the defense and application of rehabilitation and resocialization principles to minors.
(d) Assign responsibilities and grant faculties to the Administration’s personnel based on criteria that will allow a more effective use of human resources taking into consideration the following factors, among others:
(1) The needs of the service.
(2) The rational assignment and distribution of functions.
(3) The delegation of faculties in accordance with the responsibilities and duties.
(4) The selection of the most qualified personnel and its placement in those functions that will allow the most effective rendering of services.
(e) Conduct all types of studies and investigations on matters that affect the institutions’ system. For such purposes, the Administrator may require the information that is necessary, pertinent and essential to attain such purposes and approve those rules and regulations that are necessary and reasonable.
The Administrator may issue summons requiring the appearance of witnesses and the presentation of data or information to carry out the purposes of this chapter. He/She may also, on his/her own or through the duly-authorized Investigators of the Administration, administer oatfis and receive testimonies, data or information.
(f) Contract professional and advisory services subject to the provisions of § 561(d) of this title.
(g) Prepare and submit its budget request to the Office of Management and Budget through the Secretary and administer the budget and the funds appropriated to it by virtue of any Commonwealth or federal laws whatsoever, or which it is charged with administering pursuant to §§ 101 et seq. of Title 23, and shall establish an accounting system pursuant to the provisions of §§ 283 et seq. of Title 3 and the regulations that govern the accounting, administration and disbursement of public funds. It shall be the Administrator’s responsibility to maintain a balanced budget pursuant to §§ 101 et seq. of Title 23.
(h) Request written authorization from the government agencies concerned for the assignment of employees to the Administration to collaborate in its functions.
(i) Accept and receive any donations or any other type of assistance in funds, assets or services from private persons or institutions and administer them pursuant to the terms of the donation and the law.
(j) Request and obtain aid or assistance in monies, assets or services from the Government of the Commonwealth of Puerto Rico or any of its agencies, public corporations or municipalities, pursuant to the applicable legislation, regulations, agreements or contracts.
(k) Administer any federal program which is related to the Administration’s functions because of its nature, purpose and scope when it has been so designated by the Governor, the Secretary or the federal agency concerned.
In the exercise of this capacity he shall negotiate and handle the necessary agreements to make every effort for the Commonwealth of Puerto Rico to receive all the federal benefits and funds to carry out such programs, as well as to negotiate and enter into contracts and agreements with the corresponding government bodies of the various states and the federal government, with respect to the exchange of information about programs, studies and investigations related to the functions entrusted to him/her by this chapter, or delegated by the Secretary, as long as these contracts or agreements are authorized by the statutes of the Commonwealth of Puerto Rico.
(l) Acquire through donation, lease or purchase any equipment, materials, improved or nonimproved personal or real property necessary for its operation and establish an efficient and agile system for preventive maintenance, conservation and improvement of the institutions, facilities, equipment, materials, properties and assets maintained or operated by it.
(m) Establish its own purchasing and supply system necessary for an efficient and economic operation without being subject to the provisions of §§ 931 et seq. of Title 3 in accordance with the principles outlined in said sections and establish its own vehicle repair system through regulations without being subject to the legislation that regulates the Office of Transportation.
All supply and service contracts entered into by the Administration, except those for professional and consulting services, shall be made through competitive bidding pursuant to the procedure established by this chapter and the regulations adopted by the Administrator. The bidding shall be carried out by an Auctions Board appointed by the Administrator. Members of the Auction Board shall not carry out functions directly or indirectly related to the Administration’s efforts for the acquisition of goods or services.
The Board shall reserve the right to adjudicate the winning bid in a formal auction based on considerations other than price, such as the quality of the equipment or materials, its availability for delivery and institutional needs, among others. The Board shall consign in writing in the auction’s file the reasons upon which its decision was based. The Auctions Board’s decisions shall be reviewed by the Auction Review Board created by this chapter.
The holding of a formal auction will not be necessary when the estimated expense for the works, acquisition or performance of the service does not exceed five thousand dollars ($5,000). The purchase of materials, articles, equipment and the securing of services that exceed five hundred dollars ($500), but is no greater than five thousand dollars ($5,000), shall be carried out through informal bidding in accordance with the process established through regulation to that effect.
Nor shall an auction be necessary when:
(1) An emergency that menaces or endangers the welfare, safety or the rendering of services to minors requires immediate delivery of materials, articles or equipment, or the performance of the works or services; or
(2) there is a need for spare parts, accessories, equipment or supplementary services for equipment or services previously supplied or contracted, or
(3) prices are not subject to variation because there is only one source of supply or are fixed by law.
In such cases the purchase of these materials, articles or equipment or the acquisition of these services may be done in the open market in the usual and customary business manner but through an informal bidding procedure.
(n) To enter into and perfect contracts and other necessary instruments with municipalities, departments, divisions, agencies and instrumentalities and public corporations of the Commonwealth of Puerto Rico or with persons and private entities. The municipalities, departments, divisions, agencies and instrumentalities and public corporations of the Commonwealth of Puerto Rico are hereby authorized to enter into contracts and otherwise cooperate with the Administration to facilitate the attainment of the objectives of this chapter.
This power shall include contracting for the development, administration, maintenance, custody, any type of services and/or programs, and all that which may be needed to fully or partially operate the Administration through contracting with non-government agencies. The Administration shall establish the criteria and requirements for physical facilities, the organization, operation, administrative and custodial personnel and others, to direct the services to be offered by contracted non-governmental entities, and the rules that such institutions and/or companies must meet in order to have access to this contracting and/or to be designated as private custodial institutions.
(o) Plan and develop, through the use of internal resources or external contributions, such programs and activities that, in addition to keeping the minor busy within the institution, will help him/her to develop, in the best possible measure, a sense of self-esteem and to acquire skills that will prepare him/her for a better integration into society, as well as to develop small commercial enterprises that will benefit the Administration and its clientele for the same purpose.
(p) Render services, technical assistance and facilitate the use of its real or personal property with or without compensation when it is necessary to achieve the purposes of this chapter.
(q) Receive income for the use of facilities and institutions it operates and administers as well as for the sale or distribution of the articles and goods produced by the enterprises and projects it promotes or sponsors and for the rendering of services, as well as handling the collection and recovery of those amounts it is entitled to, pursuant to the terms of the contracts signed by it or under any federal statute or act of the Commonwealth of Puerto Rico.
(r) In the second week of January of each year it shall submit a report to the Governor and the Legislature. This report shall include without limitation:
(1) The agency’s organizational phase; the Administration’s personnel, its training, experience and status.
(2) Personnel under contract, specialty, contract duration, duties performed. Amount paid to each contractor.
(3) Constitution of multidisciplinary teams, evaluation of their intervention.
(4) Total of minors admitted during the year, monthly turnover, average stay, classification according to faults, recurrence.
(5) Description of educational, health, work and recreational programs and activities, and an evaluation thereof.
(6) Description of problems related to the custody of minors, measures taken and the results obtained.
(7) Description of the discharge plan, its achievements and difficulties in its implementation and recommendations.
(8) Coordination plans that have been carried out with other agencies and an evaluation of their effectiveness and of the existence of the Advisory Board to achieve the purposes of the coordination.
(9) Achievements, limitations and recommendations of the Administration.
(s) Advise the Secretary, the Governor, other government officials and the Legislature of Puerto Rico with regard to the administration and operation of the other areas of the juvenile justice system.
(t) Offer employees and officials an educational development and training program.
(u) Carry out all the necessary and convenient acts in order to effectively achieve the objectives of this chapter.
History —Aug. 5, 1988, No. 154, p. 651, § 7; Aug. 12, 1995, No. 187, § 3; June 3, 1997, No. 14, § 1; Dec. 19, 1997, No. 175, § 1.