P.R. Laws tit. 8, § 636
After trial and upon conviction, or if the accused pleads guilty to any of the offenses classified in this chapter, the court may, motu proprio or at the request of the prosecutor or the defense, suspend all procedures and release the convict on probation; provided, that he/she enrolls in a diversion program for persons who exhibit abusive behavior in an intimate relationship, as defined in § 602(m) of this title. Prior to making any determination to that respect, the court shall hear the Prosecution.
The diversion alternative shall only be available under the following circumstances:
(a) If it involves a person who has not been previously convicted and imprisoned as the result of a final and binding judgment or is benefitting from a diversion program under this chapter or a suspended sentence for committing offenses established in this chapter or similar offenses established in the laws of the Commonwealth of Puerto Rico or the United States against his/her spouse, former spouse, person with whom he/she cohabits or has cohabited, person with whom he/she has or has had a consensual relationship, or person with whom he/she shares a child in common, regardless of the sex, civil status, sexual orientation, gender identity, or the immigrant status of the persons involved in the relationship.
(b) If it is a person who has not violated an order for protection issued by any court pursuant to this chapter or any other similar provision.
(c) An agreement is made between the Prosecuting Attorney’s Office, the accused and the agency, body, public or private institution to which the accused shall be referred.
(d) If as part the agreement and the participation in the reeducation program, the person renders a statement accepting the commission of the crime charged and acknowledging his/her behavior.
The court shall take into consideration the opinion of the victim as to whether or not this benefit should be granted, and shall impose the terms and conditions it deems reasonable, as well as the duration of the probation requested, upon prior agreement with the entity that shall render the services, which term shall never be less than one (1) year nor more than three (3) years.
If the person benefitted by the probation established in this section fails to meet the conditions thereof, the court, after holding a hearing, may revoke the probation and pronounce judgment.
If the person benefitted by the probation established in this section does not violate any of the conditions thereof, the court, after holding a hearing, may revoke the probation and pronounce judgment.
If the person benefited by the probation established in this section does not violate any of the conditions thereof, the court, upon previous recommendation of the competent personnel in charge of the program to which the accused was referred in the exercise of its discretion, and after holding a hearing, may hand down a suspended imposition of sentence to him/her.
A suspended imposition of sentence pursuant to this section shall be conducted without the pronouncing of judgment by the court, but the case file shall be kept in the court, confidentially, inaccessible to the public, and separate from other cases for the purpose of being used by the courts to determine, in subsequent proceedings, if the person qualifies for the benefits of this section, and to be considered a recidivist, if such person subsequently commits any of the offenses classified in this chapter. In such cases, it shall be the responsibility of the prosecuting attorney to always make an allegation of recidivism.
A suspended imposition of sentence shall not be considered a conviction for purposes of disqualification or incompetence imposed by law on convicts for the commission of a crime, and the exonerated person shall be entitled, after a suspended imposition of sentence, to have the Superintendent of the Puerto Rico Police Department return any file of fingerprints and photographs in the custody of such Department taken in connection with the violation of the crimes that caused charges to be filed.
A suspended imposition of sentence under this section may only be granted once to any person.
History —Aug. 15, 1989, No. 54, p. 199, § 3.6; Aug. 21, 2004, No. 222, § 1; Aug. 26, 2005, No. 91, § 1; Dec. 28, 2010, No. 217, § 1; May 29, 2013, No. 23, § 9.