We recognize that PRPD faces significant challenges as Puerto Rico’s primary law enforcement agency. The unconstitutional acts that we have identified arise at a time of crisis in public safety. Contrary to national trends, violent crime increased overall in Puerto Rico by 17% from 2007 to 2009. In 2010, Puerto Rico saw the second highest number of murders in its history, a trend that is escalating in 2011. The clearance rate for murders remains below the national average. Some Puerto Rico officials maintain that drug trafficking and social deterioration are fueling the wave of violent crime. However, increasing crime cannot be used to justify continued civil rights violations or the failure to implement meaningful reforms. Constitutional policing and effective law enforcement are inextricably bound. Public safety depends on the trust and cooperation of the community, which in turn depends on constitutional police practices that respect civil rights. Our previous efforts in working with large police departments strongly suggest that by addressing the civil rights concerns we raise in this report, the Commonwealth will not only meet its constitutional duty, but also reduce crime, improve public safety, and increase community confidence.
The purpose of this regulation is to establish a procurement, evaluation, selection, negotiation and award process for PPPs that is consistent, transparent, and encourages and supports a climate of private sector innovation and investment in the Commonwealth. In order to carry out the purposes of the Act, this regulation provides guidelines and procedures for, among others: (i) identifying the Functions, Services or Facilities that qualify for establishment or development as PPPs; (ii) soliciting, obtaining and evaluating PPP proposals; (iii) selecting the entities or individuals that will enter into Partnership Contracts with a Partnering Government Entity; and (iv) negotiating and awarding Partnership Contracts.