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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2202/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2202 - Interpretation
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2202 - Interpretation
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This chapter shall be interpreted according to the following purposes:
(a) To provide for the care, protection development, habilitation and rehabilitation of minors and to protect the well-being of the community.
(b) To protect the public interest by treating minors as persons in need of supervision, care and treatment, while at the same time they are required to be responsible for their actions.
(c) To guarantee fair treatment, due process of law and recognition of their constitutional rights to all minors.
History —July 9, 1986, No. 88, p. 276, § 2, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2203/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2203 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2203 - Definitions
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The words and phrases used in this chapter shall mean:
(a) Adult.— Any person who has attained eighteen (18) years of age.
(b) Probable cause.— Determination made by an investigating magistrate on the occurrence of a violation to a law or municipal ordinance, in the commission of which a minor is regarded as the perpetrator or accomplice.
(c) Treatment center.— Residential institution which offers the minor protective, evaluating and diagnostic services, in addition to rehabilitating treatment after a final decision of the case has been made.
(d) Detention center.— Institution where the minor shall be held pending the adjudication or final decision of the case, or pending any other procedure before the court.
(e) Custody.— The act of putting the minor under the responsibility of the Secretary of the Family or of any other body or private or public institution through a court order and subject to the jurisdiction thereof; said person shall retain custody during the period he is receiving the protective, evaluating and diagnostic services, in addition to the rehabilitating treatment which his condition calls for.
(f) Classification and Evaluation Division.— A dependency of the Juvenile Institutions Administration in charge of evaluating all minors whose custody has been assigned to the Juvenile Institutions Administration by order of the court, and which shall determine the placement of the minor.
(g) Removal.— Resolution of the court suspending the judicial procedure in the interest of the minor and referring him to an agency, institution or public or private body to receive services.
(h) Detention.— Provisional care of the minor in an institution or center created for such purposes pending the determination of the court on the facts he is charged with, and thus is placed under its authority after probable cause has been found, or due to pending post-adjudicative procedures.
(i) Family Relations Specialists.— Social worker thus classified in the Personnel Administration System of the Judiciary Branch attached to the court.
(j) Offense.— Violation or attempted violation by a minor of penal or special laws or municipal ordinances of Puerto Rico except those violations or attempted violations that are excluded, by the express provisions of this chapter.
(k) Class I Offense.— Conduct that if incurred by an adult would constitute a misdemeanor.
(l) Class II Offense.— Conduct that if incurred by an adult would constitute a felony, except those included in Class III offenses.
(m) Class III Offense.— Conduct that if incurred by an adult would constitute a first degree felony, except for the modality of first degree murder that is excluded from the authority of the court; second degree felony; the following felonies in the classification of third degree: manslaughter, aggravated burglary, kidnapping, theft, aggravated assault under the modality of mutilation, manslaughter; and the following offenses in special laws: distribution of controlled substances and §§ 458b, 458f, 458g, 458h and 458i of Title 25, part of the Weapons Law.
(n) Judge.— The person designated to take cognizance in the matters within the provisions of this chapter.
(o) Minor.— A person who is under eighteen (18) years of age or that having attained said age is held liable for an offense committed prior to attaining that age.
(p) Prosecutor for Minor’s Affairs, or Prosecutor.— Assistant Prosecutor of the Court of First Instance designated exclusively to exercise his functions in matters covered by this chapter.
(q) Complaint.— Writ filed in the court describing the offense charged to a minor.
(r) Rehabilitation.— Process through which it is expected to adequately reintegrate the minor to society with the capacity to function on his own.
(s) Family Relations Technician.— Professional thus classified in the Personnel Administration System of the Judiciary Branch attached to the court who shall have professional training in the field of human behavior.
(t) Transgressor.— A minor who has been found guilty of committing an offense.
(u) Court.— Court of First Instance, Part that executes its authority pursuant to the provisions of this chapter.
(v) Escape.— Any minor who, while under the custody of the Juvenile Institutions Administration, commits the offense of escape, shall be guilty of a new offense. The resolutory measure of this new offense shall be subsequent to the original resolutory measure. Escape shall be understood to be a unjustified absence without the permission of the Institution, or the unjustified abandonment of any program to which the minor was referred.
History —July 9, 1986, No. 88, p. 276, § 3; June 19, 1987, No. 34, p. 113, § 1; June 29, 1989, No. 14, p. 64, § 1; Dec. 8, 1990, No. 28, p. 1526, § 1; July 11, 1991, No. 19, § 1; Aug. 12, 1995, No. 183, § 1; Sept. 16, 2004, No. 334, § 1, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2204/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2204 - Jurisdiction of the court
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2204 - Jurisdiction of the court
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(1) The court shall have the authority to take cognizance of:
(a) Any case in which a minor is charged with conduct that constitutes an offense incurred before he/she has attained eighteen (18) years of age. Such authority shall be subject to the statute of limitations provided in penal laws for the conduct he/she is charged with.
(b) Any matter concerning minors as provided by a special act, conferring upon it the power to take cognizance in the matter.
(2) The court shall not have the authority to take cognizance of:
(a) Any case in which a minor who has reached the age of fifteen (15) is charged with having committed acts constituting first degree murder as defined in subsection (a) of § 4734 of Title 33.
(b) Any case in which a minor who has reached the age of fifteen (15) is charged with acts constituting a crime arising from the same transaction or event constituting murder in the first degree as defined in subsection (a) of § 4734 of Title 33.
(c) Any case in which a minor is charged with acts constituting a crime when he/she has been previously charged with a felony as an adult.
(3) In all cases contemplated in the previous subsections, the minor shall be tried as an adult.
(4) The Criminal Part of the General Court of Justice shall retain jurisdiction over the minor even when he/she pleads guilty or has been convicted of a crime other than murder as defined in subsection (a) of § 4734 of Title 33. Similarly, it shall retain jurisdiction when the Minors Part of the Superior Court has waived jurisdiction over the minor and in the ordinary process as an adult, the charges against the minor have been vacated or the minor has been found not guilty.
(5) When a judge determines that there is probable cause for a crime other than murder, as defined in subsection (a) of § 4734 of Title 33, this, and any other crime arising from the same transaction shall be transferred to the court exercising its authority under the provisions of this chapter which shall retain and maintain jurisdiction, as provided in sec. 2205 of this title.
History —July 9, 1986, No. 88, p. 276, § 4; June 19, 1987, No. 34, p. 113, § 2; June 29, 1989, No. 14, p. 64, § 2; July 11, 1991, No. 19, § 2; Sept. 16, 2004, No. 334, § 2, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2205/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2205 - Duration of the court's authority
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2205 - Duration of the court's authority
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The court shall retain authority over any minor subject to the provisions of this chapter until he/she has attained the age of twenty-one (21) years, unless said authority is terminated through an order to such effects.
In all cases in which a minor, while under the authority of the court, is prosecuted and convicted as an adult, the court (Minors” Affairs Part) shall automatically lose its authority over said minor. In these cases, if at the time the minor is prosecuted as an adult, he/she fails to post the bail imposed, he/she shall remain confined in an institution of the Juvenile Institutions Administration until he/she is convicted as an adult. The court (Criminal Part) shall be required to order minors prosecuted and convicted as adults to comply with any disposition imposed by the court (Minors” Affairs Part) that has not been yet completed.
Once the minor is convicted as an adult, the authority of the Juvenile Institutions Administration over the minor shall cease, and said minor shall be under the authority of the General court of Justice immediately. The court shall take the necessary safeguards to ensure that the convict remains under the custody of the Administration of Corrections and Rehabilitation to complete the juvenile disposition issued by the court as an adult. Once the juvenile disposition is completed, he/she shall begin to serve the sentence imposed for the new offense committed consecutively.
If the minor is prosecuted as an adult for the new offense, but he/she is acquitted of the new offense charges or such charges are dismissed, the court (Minors” Affairs Part) shall retain authority over the minor until he/she completes the juvenile disposition issued by the court.
History —July 9, 1986, No. 88, p. 276, § 5; July 13, 1988, No. 94, p. 385, § 1; Aug. 12, 1995, No. 183, § 2; Aug. 11, 2011, No. 178, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2206/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2206 - Right to legal counsel
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2206 - Right to legal counsel
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In all procedures the minor shall be entitled to be represented by an attorney and if he/she lacks the financial means, the court shall appoint one for him/her. In the event the maximum term of duration of the resolutory measure is extended, the minor shall also be represented by an attorney, pursuant to § 2229 of this title.
History —July 9, 1986, No. 88, p. 276, § 6; Aug. 12, 1995, No. 183, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2207/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2207 - Search and seizure
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2207 - Search and seizure
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The minor will be protected against unreasonable searches, attachments and seizures. A judicial warrant authorizing a search and seizure against a minor shall only be issued when there is probable cause based on a sworn statement or declaration and specifically stating the person or place to be searched and the things to be seized.
History —July 9, 1986, No. 88, p. 276, § 7, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2208/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2208 - Exception to public trial; jury
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2208 - Exception to public trial; jury
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All the hearings on the merits of the case shall be held in the courtroom and in accordance with the provisions of the Rules of Procedure for Minors’ Affairs.
The public will not have access to the courtrooms where cases of minors are being tried, unless the minor’s parents, tutor or his legal counsel demand that the matter be tried publicly, and in every case, under the rules established by the judge. The judge may consent to admit persons who show a legitimate interest in the matters to be discussed after the minor and his legal counsel have given their consent.
All other actions or procedures may be handled and discussed by the judge in his chambers or in any other place, without the need of the presence of the clerk or other Court officials.
The hearings in the cases of minors under the present chapter shall be held without a jury.
History —July 9, 1986, No. 88, p. 276, § 8, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2209/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2209 - Prior evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2209 - Prior evidence
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The evidence adduced in the adjudicative phase before the Minors’ Court may not be produced as evidence against the minor in a court of competent jurisdiction, unless the Minor’s Court has waived jurisdiction.
History —July 9, 1986, No. 88, p. 276, § 9, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2210/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2210 - Bail
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2210 - Bail
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The provisions with respect to bail shall not be applicable to the minors under detention or custody pursuant to the provisions of this chapter.
History —July 9, 1986, No. 88, p. 276, § 10, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2211/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2211 - Waiver of rights
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2211 - Waiver of rights
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The waiving by a minor of any constitutional right that protects him will not be admitted unless his parents or tutor and his attorney are present, and there is a decision of the judge that the waiver is free, intelligent and that the minor is aware of the consequences thereof. However, the presence of the attorney shall not be required in order to waive the right to legal counsel.
History —July 9, 1986, No. 88, p. 276, § 11, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2212/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2212 - Prosecutor for Minors’ Affairs
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2212 - Prosecutor for Minors’ Affairs
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A Prosecutor for Minors’ Affairs shall participate in all affairs concerning minors before the consideration of the court. This Prosecutor shall be designated exclusively to perform his/her duties in the matters covered by this chapter.
(a) Powers of the Prosecutor for Minors’ Affairs.— The Prosecutor shall be an Assistant Prosecuting Attorney of the Court of First Instance vested with all the powers and duties inherent to his position and all those attributes stated herein, with the purpose of validating the precepts and measures expressed in this chapter.
(b) Duties of the Prosecutor.— The Prosecutor shall have the following functions:
(1) To conduct the investigation of the facts in all the cases in which the commission of an offense is alleged.
(2) To represent the Commonwealth in any procedure of an adversary nature and produce evidence to uphold the complaint.
(3) In all cases in which probable cause is found, he shall file the corresponding complaint and refer the minor and his parents or tutors to the Family Relations Specialist for study, and the drafting of a social report.
(4) He may request the dismissal of the complaint if the same is not legally sufficient to initiate the process, in which case and at his discretion, he may refer the minor, his parents or tutor to the Family Relations Specialist, so that said specialist may counsel them on the agencies or social bodies that can attend to their needs, if the circumstances thus warrant it.
(5) He shall make agreements with the minor, his attorney and his parents or tutors to request the court to remove itself from the procedure pursuant to § 2221 of this title.
(6) He shall investigate the detentions of minors in adult correctional institutions, negotiate their release from jail and shall continue with the procedures in the best interest of the minors.
(7) He shall make the necessary arrangements for the Judge to appoint a tutor or custodian for the minor when the latter has no one to be responsible for his legal custody.
(8) He shall initiate the procedures and submit petitions to the court on the waiver of jurisdiction and revocation of parole.
(9) Enter into plea bargaining arrangements in conformity with the principles and procedures contemplated in this chapter and in any other applicable regulations.
(10) He/she shall execute any other duties needed for the performance of his/her office.
History —July 9, 1986, No. 88, p. 276, § 12; Apr. 2, 2007, No. 30, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2213/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2213 - Family Relations Specialist
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2213 - Family Relations Specialist
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The Family Relations Specialist shall be the social worker designated to intervene in minors’ affairs who shall perform the following duties:
(1) Upon the request of the court, he shall conduct a preliminary social investigation with the purpose of determining whether the minor should or should not be placed under preventive detention until the hearing of the case is held.
(2) He shall give guidance to the parties and may refer them to the pertinent agencies or bodies pursuant to the provisions of this chapter.
(3) He shall carry out the pertinent study and social analysis of the minor and prepare the reports required by the judge.
(4) He shall recommend the initial treatment and services to be offered to minors who remain under the jurisdiction of the court after the adjudicative hearing.
(5) When acting as supervisor to the Family Relations Technician, he shall draw up, together with the latter, the treatment plan and services to be given to the minor while on probation, giving the Technician the guidance and assistance such function deserves.
(6) He shall recommend the cases in which the appointment of a tutor or legal custodian should be requested.
(7) He shall keep a record of the services and the interviews held during the process of investigation and prepare a brief summary of the facts for the bodies to which the matters shall be referred, as well as all those forms, statistics, card files and other information needed for the best operation of the court.
History —July 9, 1986, No. 88, p. 276, § 13, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2214/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2214 - Family Relations Technician
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2214 - Family Relations Technician
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The Family Relations Technician shall be the professional designated to intervene in the direct supervison of minors, and who shall also perform the following duties:
(1) He shall explain to the minor the conditions imposed on him to remain on probation and supervise him during the same.
(2) He shall see that the conditions imposed on the minor are complied with.
(3) He shall coordinate the treatment and the services to be offered to the minor in harmony with the recommendation of the Family Relations Specialist and together with the person supervising him.
(4) He shall render periodic reports on the adjustment of the minor or those required by the court, and keep records of the services and treatment given to the minor.
(5) He shall recommend to the Prosecutor the petition to revoke probations when the minor does not meet its conditions upon consulting with the Family Relations Specialist who supervises him.
History —July 9, 1986, No. 88, p. 276, § 14, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2215/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2215 - Waiver of jurisdiction
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2215 - Waiver of jurisdiction
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(a) Petition by the Advocate.— The court, by petition of the Advocate, may waive its jurisdiction over a minor who is over fourteen (14) and under eighteen (18) years of age, who is charged with committing any Class II or III offense. The Advocate may file the well-founded petition when he/she deems that it shall not be in the best interest of the minor and of the community to try the case under the provisions of this chapter.
The Advocate may file the petition for waiver of jurisdiction in the following cases:
(1) When a minor who is older than fourteen (14) years of age is charged with acts constituting murder in the modality under the authority of the court, any other first degree felony and any other offense that arises from the same transaction or event.
(2) When a minor is charged with a Class II or III offense and has previously been adjudicated a Class II or III offense, incurred between the ages of fourteen (14) and eighteen (18) years.
The Prosecutor shall be bound to notify the court as to the lack of jurisdiction in these cases excluded from its authority by the express provisions of this chapter.
(b) Hearing.— The court, after due notice, shall conduct a hearing to waive jurisdiction.
(c) Factors to be considered.— In order to determine the legal basis for the waiver referred to in subsection (a) of this section, the court shall examine the following factors:
(1) Nature of the offense the minor is charged with and the circumstances surrounding it.
(2) Previous legal record of the minor, if any.
(3) Social record of the minor.
(4) If his socioemotional record and his attitude towards authority make it necessary to establish controls with respect to his behavior that cannot be offered in custody centers or in the social treatment institutions available to the court.
History —July 9, 1986, No. 88, p. 276, § 15; June 19, 1987, No. 34, § 3; July 13, 1988, No. 94, p. 384, § 2; June 29, 1989, No. 14, p. 64, § 3; Dec. 8, 1990, No. 28, p. 1526, § 2; July 19, 1991, No. 19, § 3; Sept. 16, 2004, No. 334, § 3, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2216/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2216 - Waiver of jurisdiction—In absentia
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2216 - Waiver of jurisdiction—In absentia
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The court may waive jurisdiction in the absence of a minor, provided the requirements listed in this chapter are met after a hearing is conducted in which the minor is represented by counsel, when the following circumstances concur:
(1) That on the date of the commission of the deed he has attained the age of fourteen (14) years.
(2) That he has fled the jurisdiction.
(3) That sufficient measures have been taken in the jurisdiction to locate him and these have been unsuccessful.
In case of a mandatory waiver of jurisdiction, the court may do so in absentia when the above stated circumstances concur, the minor has fled the jurisdiction and the measures taken to locate him have been unsuccessful.
History —July 9, 1986, No. 88, p. 276, § 16, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2217/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2217 - Transfer of case to adults’ court
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2217 - Transfer of case to adults’ court
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If the judge deems that there are grounds to waive jurisdiction, he shall issue a resolution expressing the grounds therefor and shall direct the transfer of the case to be prosecuted as an adult.
The statements, evidence, documents and other information in the custody of the court shall be included with the order to transfer the matter, except those that in harmony with this chapter and the Rules of Procedure for Minors’ Affairs, App. I-A of this title, are of a confidential nature.
The notice of the waiver that the clerk of the court shall send to the District Prosecuting Attorney or to the competent authority shall not contain a copy of the resolution issued in the case.
The Prosecutor shall be responsible for ensuring that the minor is taken immediately to the pertinent authorities in order to initiate the procedures in the regular jurisdiction.
History —July 9, 1986, No. 88, p. 276, § 17, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2218/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2218 - Determination of probable cause
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2218 - Determination of probable cause
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Prior to the filing of a complaint, a hearing to determine probable cause shall be held before a Judge in accordance with the procedure established in the Rules of Procedure for Minors’ Affairs, App. I-A of this title.
History —July 9, 1986, No. 88, p. 276, § 18, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2219/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2219 - Minor’s parole; promise of appearance
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2219 - Minor’s parole; promise of appearance
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Whenever possible, the minor shall be left in custody of his parents or a responsible person with the promise that they shall appear with the minor before the court on the date established.
In those cases in which the minor is left in the custody of his parents, guardian or responsible person, they shall sign a promise of appearance committing themselves to bring the minor to the hearing of the case when the court orders it under admonition of contempt of court.
History —July 9, 1986, No. 88, p. 276, § 19, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2220/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2220 - Detention of minor
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2220 - Detention of minor
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The detention of the minor shall only be carried out through a court order. The detention of a minor prior to the adjudicative hearing will not be ordered unless:
(1) It is necessary for the safety of the minor or because he represents a risk to the community;
(2) the minor refuses to, or is mentally or physically unable to state his name, that of his parents or guardian and his residential address;
(3) when there are no responsible persons willing to assume custody of the minor and guarantee his appearance at subsequent procedures;
(4) that the minor has fled or has a known record of nonappearances;
(5) that, because it has been determined that he has previously committed offenses which, if committed by an adult would constitute a felony, and probable cause has been determined in the offense he is charged with at present, it could be reasonably believed that he seriously threatens the public peace, or
(6) that upon having summoned the minor for the hearing to determine probable cause, he does not appear and probable cause is determined in his absence.
History —July 9, 1986, No. 88, p. 276, § 20, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2221/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2221 - Removal of minors from judicial procedure
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2221 - Removal of minors from judicial procedure
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After a complaint has been filed and before the adjudication of the case, the Prosecutor may request the court to refer the minor to an agency or a public or private body if the following circumstances exist:
(1) If it is a Class I offense or a first time offender in a Class II offense.
(2) An agreement is signed between the Prosecutor, the minor, his parents or guardian and the agency or body to which the minor is referred.
(3) The social report of the Family Relations Specialist is taken into consideration.
(4) There is an authorization of the court.
The agency or body to which the minor is referred in accordance with this section shall report to the Prosecutor and to the court whether the minor is complying with or has complied or not with the conditions of the agreement. In case the minor has complied with said conditions, the Prosecutor shall request the court to dismiss the complaint. In case the minor has not complied, the Prosecutor shall request a hearing to determine if the procedure should continue.
History —July 9, 1986, No. 88, p. 276, § 21, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2222/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2222 - Adjudicative hearing
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2222 - Adjudicative hearing
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Subsequent to the apprehension of the minor, the judge of the Court of First Instance shall determine whether the minor shall remain in custody of his/her parents or guardian until the hearing for the determination of probable cause for the filing of the complaint, or if he/she shall order the provisional detention of the minor, pursuant to the provisions of § 2220 of this title. When the provisional detention of the minor is ordered, the judge shall consign the grounds that justify said order in writing.
If the minor is provisionally detained or remains in custody of his parents or guardian, he shall be summoned to appear at the hearing for the determination of probable cause for the filing of the complaint. In the first instance, barring exceptional causes, the hearing shall be held within three days after the minor’s apprehension. In the second instance, the hearing shall be held within the following twenty (20) days. All standards regarding a speedy trial that exist in our jurisdiction shall be applied to the procedure.
The adjudicative hearing at which the judge shall proceed to determine whether or not the minor has incurred the offense he/she is charged with, shall be held within the sixty (60) days following the determination of probable cause if the minor is under the custody of his/her parents or a responsible person, or within twenty (20) days, if he/she is being kept in a detention center, unless the delay is due to a petition of the minor, his/her parents or guardian or there is just cause for it. In said hearing the minor shall be entitled to be represented by an attorney, to cross-examine the witnesses and to introduce evidence in his/her behalf.
The Rules of Evidence shall be applicable, and the allegations of the Prosecutor must be proven beyond a reasonable doubt.
The judge who presides [over] the adjudicative hearing must be different from the one who presided [over] the determination of probable cause.
History —July 9, 1986, No. 88, p. 276, § 22; Aug. 12, 1995, No. 183, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2223/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2223 - Resolutory hearing
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2223 - Resolutory hearing
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Upon the conclusion of the adjudicative hearing, a resolutory hearing of the case shall be held unless the court, by request of the minor or the Prosecutor, sets the resolutory hearing for a later date. The judge must have a social report before him prior to disposing of the case of a minor found liable.
History —July 9, 1986, No. 88, p. 276, § 23, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2224/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2224 - Imposition of resolutory measures on minor guilty of offense
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2224 - Imposition of resolutory measures on minor guilty of offense
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When the court has made the determination that the minor has incurred an offense, it may impose any of the following resolutory measures:
(a) Nominal.— Offer the minor guidance, making him aware of how censurable his conduct is, but without imposing conditions on his freedom, and of the possible consequences if he continues said conduct.
(b) Conditional.— Place the minor on probation in his parents’ home or in that of another adequate person, requiring his compliance of one or more of the following conditions:
(1) To report periodically to the Family Relations Technician and comply with the rehabilitation program prepared by him.
(2) To prohibit certain acts or companions.
(3) To order restitution to the affected party in accordance with the regulations promulgated to such effects.
(4) Order the minor to perform community service in those cases in which an offense is committed that entails the imposition of a resolutory measure of six (6) months or less, provided that there is no violation to the provisions of law that govern the work of minors in Puerto Rico.
(5) Order the minor to pay the special penalty established in § 3214 of Title 33, for the criminal conduct described in § 981d of Title 25, known as the “Crime Victims Compensation Act”. The court may excuse the minor from the payment of the special penalty in cases of any type of offense, upon compliance with the requirements for exemption of payment of the special penalty for felonies set forth in § 3214 of Title 33.
(6) Any other conditions that the court deems favorable for his protection and treatment.
(c) Custody.— Order the minor to remain under the custody of any of the following persons:
(1) The Juvenile Institutions Administrator, in those cases that the minor is imposed a term greater than six (6) months in its resolutory measure. The Administration of Juvenile Institutions, through the Evaluation and Classification Division, shall determine the placement of the minor and the services to be offered.
(2) An adequate public or private institution.
(3) The Secretary of Health in those cases in which the minor presents mental health problems.
History —July 9, 1986, No. 88, p. 276, § 24; Aug. 12, 1995, No. 183, § 5; Aug. 21, 2003, No. 196, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2225/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2225 - Criteria for imposition of resolutory measures
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2225 - Criteria for imposition of resolutory measures
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The judge shall impose the resolutory measures from a lesser to greater degree of severity in accordance with the magnitude of the offense charged, the degree of responsibility indicated by the circumstances surrounding it as well as the age and previous record of the minor, and taking into consideration within these parameters the needs of the minor for the most speedy and effective rehabilitation.
History —July 9, 1986, No. 88, p. 276, § 25, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2226/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2226 - Violation of the Vehicle and Traffic Act
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2226 - Violation of the Vehicle and Traffic Act
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(a) When the offense the minor is charged with constitutes a crime under the Puerto Rico Vehicle and Traffic Act, the court shall impose the measures provided by said sections.
(b) The minors who commit violations denominated administrative offenses under the Puerto Rico Vehicle and Traffic Law, shall be responsible therefore in the manner established in said sections and before the corresponding administrative body.
History —July 9, 1986, No. 88, p. 276, § 26, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2227/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2227 - Resolutory measures; duration
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2227 - Resolutory measures; duration
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(a) Class I Offense.— When the court finds that the minor has incurred conduct which if incurred by an adult would constitute a misdemeanor, it shall adjudicate the commission of a Class I offense and may impose any of the following resolutory measures:
(1) Nominal;
(2) conditional for a maximum term of twelve (12) months;
(3) custody for a maximum term of six (6) months.
(b) Class II Offense.— When the court finds that a minor has incurred conduct which if incurred by an adult would constitute a felony except those included in Class III, it shall adjudicate the commission of a Class II offense and may impose any of the following resolutory measures:
(1) nominal, provided the minor has no previous record;
(2) conditional for a maximum term of three (3) years;
(3) custody of a maximum term of two (2) years.
(c) Class III Offense.— When the court finds that the minor has incurred a Class III offense, it may impose any of the following resolutory measures:
(1) Parole for a maximum term of four (4) years.
(2) Custody for a maximum term of three (3) years.
History —July 9, 1986, No. 88, p. 276, § 27; Sept. 16, 2004, No. 334, § 4, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2228/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2228 - Cessation of resolutory measure
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2228 - Cessation of resolutory measure
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Any resolutory measure shall cease when any of the following circumstances occur:
(a) When the maximum term provided by law has expired, unless § 2229 of this title has been applied;
(b) when the minor attains twenty-one (21) years of age;
(c) when he has been rehabilitated.
History —July 9, 1986, No. 88, p. 276, § 28, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2229/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2229 - Extension of maximum term
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2229 - Extension of maximum term
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The court, upon petition of the person in charge of the supervision or custody of the minor, and after a hearing, in which the minor shall be represented by an attorney, has been held, may extend the duration of the resolutory measure beyond the maximum provided by law, provided that the following circumstances concur:
(1) The services or treatment plan for the minor have not been completed.
(2) The minor is benefiting from the services or treatment plan he/she is being offered.
(3) There is a fixed period to conclude the services or the treatment plan that in the discretion of the court is reasonable.
(4) The minor and his/her parents or guardians have given their consent.
The term of the extension shall never be equal to or greater than the term of custody that was originally imposed. The court shall take all possible measures, so that the extended services or treatment plan are imparted under probation, provided it is in the best interests of the minor.
History —July 9, 1986, No. 88, p. 276, § 29; Aug. 12, 1995, No. 183, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2230/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2230 - Court summary; reports of body or agency for periodic evaluation
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2230 - Court summary; reports of body or agency for periodic evaluation
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When a minor is placed in custody of the Juvenile Institutions Administration or of any other public or private body, the judge shall remit a summary of the information he/she has in his/her power regarding the minor to the corresponding officer or person in whose custody said minor shall remain.
Periodic reports shall be rendered to the court on the condition, physical, emotional and moral progress of the minor, as well as evaluation reports of the minor and the services or treatment given to him/her. Said strictly confidential reports shall be rendered by the persons in charge of the supervision, custody or treatment of the minor no later than five (5) days prior to the date fixed for the review, as provided in § 2231 of this title.
History —July 9, 1986, No. 88, p. 276, § 30; Aug. 12, 1995, No. 183, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2231/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2231 - Periodic review of resolutory measure
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2231 - Periodic review of resolutory measure
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The court shall pronounce itself periodically as to the maintenance, modification or cessation of the resolutory measure imposed. In the cases of Class I offenses, the review shall be made every three (3) months and in the cases of Class II and Class III offenses, the review shall be made every six (6) months. This, without impairing that a review can be made at any time the circumstances merit it, or by petition of the interested party. The person or representative in charge of the supervision, custody or treatment, as well as the minor, shall appear at the hearing for review.
In the cases in which the court has granted custody to the Juvenile Institutions Administration, the periodic revision of the resolutory measure shall not require the appearance of the minor, unless the court provides otherwise.
History —July 9, 1986, No. 88, p. 276, § 31; Aug. 12, 1995, No. 183, § 8.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2232/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2232 - Court authorization for action by agency or body
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2232 - Court authorization for action by agency or body
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No agency or public or private body to which a minor has been referred may take any action altering the authority or the jurisdiction of the court without its specific authorization.
History —July 9, 1986, No. 88, p. 276, § 32, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2233/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2233 - Resolutions
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2233 - Resolutions
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The decisions of the court shall be denominated resolutions. In them, the court may:
(a) Dismiss the complaint for lack of evidence;
(b) impose any resolutory measure;
(c) direct that the minor be submitted to a comprehensive diagnostic evaluation by a physician, psychiatrist or psychologist or other pertinent specialist licensed to practice their profession in Puerto Rico;
(d) impose on the parents or persons in charge of the minor the obligation to contribute to the total or partial payment of the expenses incurred in the evaluation or diagnosis, treatment and rehabilitation of the minor, when it is in order. Noncompliance with the provisions of the court on this matter by the person bound to it may constitute contempt of court;
(e) Any other determination pertaining to the proceeding or case at bar.
Furthermore, the judges will be able to issue any interlocutory order, resolution or determination to the parents, guardians, relatives, and legal or natural, private or governmental persons, pertaining to the needs of the minor.
Noncompliance by a natural or legal person, obligated by an interlocutory order, resolution or determination issued under this precept shall constitute contempt.
History —July 9, 1986, No. 88, p. 276, § 33; Jan. 1, 2003, No. 7, § 1, eff. 60 days after Jan. 1, 2003.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2234/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2234 - Resolutions—Modification
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2234 - Resolutions—Modification
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The judge may modify any order or resolution regarding a minor at any time. A petition starting its grounds to modify a resolution may be filed by:
(1) The minor, his parents, his guardian or legal counsel.
(2) The head of the agency or public body in charge or having custody of the minor.
(3) The director of the institution or public or private body in charge of or having custody of the minor.
(4) Any other person supervising the minor.
History —July 9, 1986, No. 88, p. 276, § 34, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2235/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2235 - Placement in treatment, and detention and treatment centers
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2235 - Placement in treatment, and detention and treatment centers
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The Juvenile Institutions Administration and any authorized public or private body shall provide treatment and detention centers for any minor covered by the provisions of this chapter.
(a) Confinement treatment and transfer of minors in custody of the Juvenile Institutions Administration.— When custody of a minor is given to the Juvenile Institutions Administration, it shall determine the treatment program or institution in which the minor shall be placed and what type of rehabilitation treatment shall be provided for the minors. The Juvenile Institutions Administration may place the minors in any treatment program or institution under its jurisdiction.
(b) Personalized treatment.— Every minor will will be entitled to receive personalized services or treatment that responds to his specific needs and leads to his eventual rehabilitation.
(c) Detention centers.— The detention centers shall receive the minors referred by the court pursuant to the provisions of this chapter and shall offer evaluation and diagnostic services in accordance with the resolution ordering their confinement. The Juvenile Institutions Administration and the public and private bodies that provide the detention centers, are hereby empowered to advise and collaborate with the court, in order to determine the evaluation and diagnostic services that shall be provided to the minors who have been referred to it.
(d) Transfer to other public or private bodies.— When a minor is in custody of the Juvenile Institutions Administration, and with prior authorization of the court, it proceeds to relocate the minor in another agency, public or private body for his/her welfare, the physical custody of the minor shall cease, but not the responsibility the Juvenile Institutions Administration has in the sense of ensuring that the public or private body concerned complies with the provisions of this chapter. The Juvenile Institutions Administration shall execute with all the necessary agreements to make the transfer with the pertinent bodies.
In cases of emergency the transfer of minors to the pertinent agency or public or private body, shall be held, upon the previous agreement between the court and the Juvenile Institutions Administration.
(e) The Juvenile Institutions Administration shall establish a Young Offender Support Unit for youths who have been placed under its custody so that when he/she fully complies with the resolutory measure, he/she is fully apprised of his/her rights and his/her work, educational and housing options, so as to guarantee his/her full reintegration into society.
History —July 9, 1986, No. 88, p. 276, § 35; Aug. 12, 1995, No. 183, § 9; Aug. 8, 2008, No. 200, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2236/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2236 - Appeals
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2236 - Appeals
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The final order or resolution rendered by the judge with respect to a minor pursuant to the provisions of this chapter, may be appealed before the Court of Appeals of Puerto Rico. The interlocutory orders and resolutions may be reviewed before the Court of Appeals of Puerto Rico through a writ of certiorari. The order, resolution or sentence of the Court of Appeals may be reviewed by the Supreme Court by means of a writ of certiorari. The rules adopted by the corresponding court shall govern the construction of these recourses. The filing of the appeal shall not stay the effects of any order issued by the judge with respect to the minor, unless the court decrees otherwise.
History —July 9, 1986, No. 88, p. 276, § 36; Sept. 16, 2004, No. 334, § 5, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2237/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2237 - General provisions
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2237 - General provisions
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(a) Nature of the procedures.— The procedures and the orders or resolutions of a judge under this chapter shall not be deemed to be of a criminal nature nor will the minor be deemed to be a convicted criminal under said order or resolution.
The record of the minor before the court shall not constitute a bar to an application to obtain employment or an appointment to a position or office within the public service.
(b) Transportation, detention of the minor.— No minor shall be transported in a vehicle destined to transport prisoners, nor shall he be detained in a police station, detention cell, prison or an institution of the correctional system.
(c) Stenographic transaction or recording of the procedures.— The oral allegations and incidents of the hearings in the procedures before the court shall be taken stenographically or by tape recording. With the exception of the minor’s legal counsel, the procedures will not be recorded privately.
(d) Confidentiality of the record.— The records in the cases of minors shall be kept in files separated from the records of adults and shall not be subject to inspection by the public, except that they will be accessible for inspection by the minor’s legal counsel after being duly identified and in the place designated for it. Those records in the custody of the police as well as those in the custody of the Prosecutor shall be subject to the same confidentiality. No copies of legal or social documents shall be furnished to be removed from the court.
No information shall be furnished as to the contents of the records, except that, after showing the need for it and with the court’s express permission, said information shall be provided to the officers of the General Court of Justice in their official duties and to those persons of renowned professional or scientific reputation who have demonstrated in writing their interest in obtaining information in order to carry out their official duties, research or work and always subject to the conditions stipulated by the judge.
(e) Publication of name and photographs; mechanisms and identification.— The name of a minor and his photograph shall not be published, nor shall his fingerprints be taken, nor shall he be included in a lineup, unless, in the discretion of the court, it is necessary to resort to any of these means to identify him. In these cases, the judge shall issue the authorization in writing. The publication of the names and pictures of minor by any person shall be deemed as contempt of court.
Any record of a minor in the custody of the police shall be destroyed when the minor attains eighteen (18) years of age as well as any record in the custody of the District Prosecuting Attorney, when the minor has been on trial or when a procedure has been unduly filled against him as an adult.
(f) Appointment of a defense counsel.— If a minor affected by any matter before the court is an orphan and has no tutor or person in charge to represent him or when it is deemed necessary, the judge shall proceed to appoint a defense counsel for him. The designation shall fall, if possible, on a relative of the minor who has shown an interest in his well-being, and if no such person is available, the judge shall appoint a suitable person.
(g) Notice to and participation of the parents, guardians or persons in charge of minors.— The minor must appear accompanied by his or her parents, guardian or person in charge thereof, or in their absence, the court-appointed attorney, in all proceedings conducted pursuant to this chapter. The parents, guardian or person in charge of the minor, or in their absence, the court-appointed attorney of the minor, shall be notified of any summons, resolution or order. The court may find the parents, guardian or person in charge of the minor who without just cause fails to appear during the aforementioned proceedings, in contempt of court and impose the sanction established by law. Those cases in which the Government or any of its instrumentalities is the legal guardian of said minor are excepted from this norm.
History —July 9, 1986, No. 88, p. 276, § 37; Aug. 12, 2000, No. 161, § 1, eff. 90 days after Aug. 12, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2238/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2238 - Rules or procedures
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2238 - Rules or procedures
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The Supreme Court shall adopt the rules to govern the procedures in all matters covered by the provisions of this chapter. Said rules will not impair or modify substantive rights and shall govern upon compliance with the procedures established by § 6, Art. V of the Constitution of the Commonwealth of Puerto Rico, preceding Title 1.
History —July 9, 1986, No. 88, p. 276, § 38, eff. 180 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3001/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3001 - Short title
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3001 - Short title
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This chapter shall be known as the “Puerto Rico Institute of Forensic Sciences Act”.
History —July 24, 1985, No. 13, p. 689, § 1, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3002/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3002 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3002 - Definitions
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For the purposes of this chapter, the following terms shall have the meaning stated hereinbelow:
(a) Institute.— The Puerto Rico Institute of Forensic Sciences.
(b) Board.— The Board of Directors of the Puerto Rico Institute of Forensic Sciences.
(c) Director.— The Director of the Puerto Rico Institute of Forensic Sciences.
(d) Forensic scientist.— Any person who has received a post-graduate academic degree specializing in the scientific analysis of evidence used in criminal investigation by the Criminal Justice System, as established by the American Academy of Forensic Sciences (AAFS).
He/she must also have at least three (3) years of practical experience in the expert analysis of such evidence in a forensic institution whose operational practices are in accordance with those established by accrediting agencies.
History —July 24, 1985, No. 13, p. 689, § 2; Dec. 29, 2009, No. 200, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3003/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3003 - Creation
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3003 - Creation
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The Puerto Rico Institute of Forensic Sciences is hereby created as an autonomous entity.
The scientific and technical divisions of the Institute shall be accredited and subsequently reaccredited and certified by the appropriate accrediting institutions, as established herein below:
(a) The Crime Laboratory, by the American Society of Crime Laboratory [sic].
(b) The Pathology Division, by the National Association of Medical Examiners.
(c) The Forensic Investigators and Security Division, by Forensic Quality Services.
(d) Other organizations of equal standing recognized nationally or internationally in the forensic field.
Likewise, the Institute, as an autonomous institution, shall belong to the genetic profile database system known as CODIS (the FBI Laboratory’s Combined DNA Index System).
To such effect, the Director of the Institute shall present an institutional plan to the Board of Directors and the Legislative Assembly establishing the courses of action to follow in order to obtain such accreditations or certifications. Such plan shall be presented six (6) months after the date of approval of this act.
History —July 24, 1985, No. 13, p. 689, § 3, retroactive to July 1, 1985; Dec. 29, 2009, No. 200, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3004/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3004 - Board of Directors
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3004 - Board of Directors
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The Board of Directors created hereunder shall have the responsibility of establishing the administrative and operational policy of the Puerto Rico Institute of Forensic Sciences. It shall be composed of the Secretary of Justice, who shall preside; the Commissioner of Public Safety and Protection; the Chancellor of Medical Sciences; the Courts Administrator; the Secretary of Health; and three (3) additional members appointed by the Governor with the advice and consent of the Senate of Puerto Rico. However, when the Commissioner of Public Safety and Protection and the Police Superintendent are not the same person, the Superintendent shall be appointed as an additional member of the Board, given the close working relationship between the Police Department and the Institute of Forensic Sciences. The three (3) members shall be persons of renowned capability, one of whom shall be an attorney with five (5) years of experience in Criminal Law, the other shall be a physician specialized in Forensic Pathology with five (5) years of experience, and the third shall be a private citizen who shall represent the public interest. The Commissioner of Public Safety and Protection, the Chancellor of Medical Sciences, the Courts Administrator, and the Secretary of Health may designate an official of the highest ranking to represent them at the meetings of the Board of Directors. Such official must have the same decision-making authority as the Head of the Agency or Secretary who designated him/her in writing. Furthermore, such designated official shall be the same person who attends all meetings for purposes of preserving continuity in the business handled by this Board.
History —July 24, 1985, No. 13, p. 689, § 4; Aug. 12, 1994, No. 72, § 1; Dec. 29, 2009, No. 200, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3005/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3005 - Functions
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3005 - Functions
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The Puerto Rico Institute of Forensic Sciences shall have the following functions:
(a) Investigate with the purpose of determining the cause, manner and circumstances of death of any person whose demise is produced under any of the circumstances specified in this chapter.
(b) Shall perform the necessary analyses and testing in the area of forensic sciences and criminology, and the investigation and handling of any criminal case in which its services are required, in close collaboration with the Department of Justice’s Office of Criminal Investigation and Prosecution, the Puerto Rico Police Department, or any other pertinent agency or bureau, as well as when required to do so by the Courts of Puerto Rico. Furthermore, it may render its services to other agencies or instrumentalities of the Government of Puerto Rico, the municipal police, federal agencies, and other jurisdictions that so request. Also, the Institute shall carry out a symposium of seminaries and workshops each year for members of the Puerto Rico Police Department, prosecutors of the Department of Justice of Puerto Rico, and judges of the Court of First Instance of the General Court of Justice on the matter of modern practices and techniques in the forensic and investigative process, so that an effective interagency communication can be established with regards to the investigation and processing of cases, including expertise in judicial proceedings.
(c) Contract the professional services needed to execute its charge without being subject to the personnel classification and remuneration scales.
(d) Stimulate the development of forensic pathologists, forensic scientists and criminologists. To such purposes, the Institute shall develop a teaching program in coordination with the Medical Sciences Campus, in medical-scientific and criminological subjects at the graduate as well as the post graduate level. The persons who pass these programs satisfactorily shall receive the corresponding university degrees and diplomas. It shall also create a scholarship program for advanced studies in professional and educational technical institutions within and without Puerto Rico. It shall also develop a personnel training program for the different investigating units of the agencies.
(e) Carry out scientific and technological investigations in the fields of forensic sciences.
(f) Give advice to all the instrumentalities of the Commonwealth of Puerto Rico, whenever it is necessary, on the matters under its jurisdiction.
(g) Collaborate with all the pertinent instrumentalities of the Commonwealth of Puerto Rico in the disclosure of the scientific-forensic topics under their jurisdiction, including, but without being limited to investigating procedures and scientific methods and techniques, with the purpose of preventing, investigating and fighting crime and accidents.
(h) Compile, organize, preserve, and publish data and statistics pertaining to the Institute’s matters. Likewise, it shall be entrusted with the creation of the Puerto Rico Sexual Assault Statistics Registry. To achieve the purposes of this subsection, the Institute shall require from any agency, corporation, dependency, or instrumentality of the Government of Puerto Rico, including the Judicial Branch and the municipalities any necessary data to create the Statistics Registry under its jurisdiction. Said Statistics Registry shall include, without being limited to, the following information:
(1) Socio-demographic data on the victim (age, gender, place of birth, city of residence, education, marital status, occupation, income, and source of income).
(2) Brief description of the facts.
(3) City and location where the facts took place.
(4) Circumstances affecting the victim’s vulnerability.
(5) Description of the assailant or assailants (relation to the victim, gender, and approximate age).
(6) Kind of sexual assault offenses (type and means employed)
(7) Situations arising after the assault.
(i) Adopt an official seal of which judicial knowledge shall be taken.
(j) Prepare and administer its budget.
(k) Accept and receive any donations or any other type of help in money, goods or services from private persons or institutions and administer them according to the terms of the donation and the law.
(l) Request and obtain help or assistance in money, goods or services from the Government of the United States, the states of the Federation, the Government of the Commonwealth of Puerto Rico, or any of its agencies, public corporations or political subdivisions, for the purposes of this chapter pursuant to the applicable legislation, regulations, agreements or contracts.
History —July 24, 1985, No. 13, p. 689, § 5; Dec. 17, 2009, No. 183, § 1; Dec. 29, 2009, No. 200, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3006/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3006 - Jurisdiction
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3006 - Jurisdiction
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The Institute shall render its services to the entire territorial area of Puerto Rico.
History —July 24, 1985, No. 13, p. 689, § 6, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3007/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3007 - Personnel and organization
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3007 - Personnel and organization
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The Institute’s personnel shall consist of one Director, who shall be a qualified Forensic Scientist, Forensic Pathologists, Assistant Forensic Pathologists, Forensic Physicians, Clinical Forensic Physicians, Forensic Radiology Technicians, Forensic Nurses, Forensic Researchers, Forensic Chemists, Forensic Serologists, Forensic Document Analysts, Firearms and Toolmark Examiners, Digital and Multimedia Evidence Examiners, Photography Technicians, Forensic Pathologist Assistants, Laboratory Technicians, Questioned Document Examiners and such scientific, technical, and administrative personnel as may be needed to carry out the functions stated in this chapter. Whenever possible, the Institute shall carry out its functions by organizing its operations into technical sections which may be, without said listing being exhaustive, the following: Forensic Pathology Section, Toxicology Section, DNA and Serology Section, Forensic Chemistry Section, Digital and Multimedia Evidence Section, Forensic Document Analysis Section, Firearms and Toolmark Identification Section, Controlled Substances Section, Evidence Control and Custody Section.
All the personnel of the Institute shall meet the continuing education requirements prescribed through regulations by the Board of Directors in coordination with the Institute of Forensic Sciences, based on the requirements established by forensic accreditation agencies. Furthermore, such personnel shall carry out its functions in the physical facilities of the Institute or in on-site investigations. In the case of the Forensic Pathologists, Firearms and Toolmark Examiners, Forensic Researchers, Forensic Chemists, Forensic Serologists, Digital and Multimedia Evidence Examiners, and Questioned Document Examiners whose training and certification were financed with funds administered by the Institute, they must render services in the Institute for a period of not less than twenty-four (24) months as of the date on which said training and certification period ended. If the training and certification period is longer than twenty-four (24) months, services shall be rendered for a term equal to the training and certification period.
Any person who has not received a job offer from the Institute for a position in the sub-specialty for which he/she were trained within thirty (30) days after the training period ended shall be exempt from the service requirement established in the above paragraph.
Except for the Director, if any Forensic Pathologist, Firearms and Toolmark Examiner, Forensic Researcher, Forensic Chemist, Forensic Serologist, Digital and Multimedia Evidence Examiner, and Questioned Document Examiners whose training and certification were financed by the Institute, resigns to or voluntarily abandons his/her job before the service rendering period concludes, he/she shall pay an amount equal to the expenses incurred by the Institute of Forensic Sciences in said training and/or skill building program. The payment must be issued to the Institute of Forensic Sciences.
The Institute shall promulgate regulations for such purposes and include information on the regulations adopted to achieve the purposes of this Act in the process of hiring and appointing said personnel.
The Director of the Institute shall be Puerto Rico’s Forensic Scientist.
History —July 24, 1985, No. 13, p. 689, § 7; Sept. 10, 2009, No. 94, § 1; Aug. 26, 2014, No. 142, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3008/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3008 - Board of Directors; functions
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3008 - Board of Directors; functions
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The Puerto Rico Institute of Forensic Science’s Board shall have the following functions:
(a) Shall draw up the specific policy for the operation of the Institute of Forensic Sciences.
(b) Shall supervise and evaluate the Institute’s operations.
(c) Shall approve the annual budget request and any other type of request for funds arising from the Institute.
(d) Shall establish the minimum qualifications for the appointment of the Institute’s professional employees.
(e) Shall appoint the Director of the Institute and evaluate his/her work twice a year, in June and December.
(f) Shall confirm the Director of the Institute’s designations of section or department directors and professional personnel.
(g) Shall draw up the necessary regulations, that shall be compatible with the provisions of this chapter, to define the functions of the sections or departments and the professional technical and administrative personnel of the Institute.
(h) Shall call for whatever reports and statistical data he may feel are necessary from time to time.
(i) Shall submit an annual report on the Institute’s operations to the Governor and the Legislature.
(j) Shall hold regular monthly meetings and any special meetings he may deem are necessary for the most efficient operation of the Institute. The Board shall select the meeting place, but they shall meet at least twice a year in the Institute’s facilities.
(k) Establish through regulations the continuing education norms, criteria and requirements for all technical and scientific personnel of the Institute, taking into account the recommendations of the Institute of Forensic Sciences, and the continuing education requirements prescribed by one or more accrediting bodies recognized in the forensic field at the national or international level, to wit, the National Association of Medical Examiners (NAME), the American Society of Crime Laboratory Directors-Laboratory Accreditation Board (ASCLD-LAB), Forensic Quality Services (FQS), and/or the Substance Abuse and Mental Health Services Administration (SAMHSA).
History —July 24, 1985, No. 13, p. 689, § 8; Sept. 10, 2009, No. 94, § 2; Dec. 29, 2009, No. 200, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3009/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3009 - Director; functions
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3009 - Director; functions
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The Director shall direct the operations and functions of the Institute and shall stay in office as long as he/she retains the Board’s trust. The Director shall submit to the Board, twice a year, a statement about the Institute’s situation, including, but not limited to an account of expert reports yet to be prepared. Such statement on situation shall become part of the semiannual evaluation set forth in § 3008 of this title.
He/she may delegate any function or authority conferred to him/her unto officials or employees of the Institute, except those that, by provision of this chapter, he/she shares with, or which require the approval of the Board of Directors.
He/she shall assign administrative tasks based on criteria that will allow for the most effective use of human resources, taking the following factors into consideration, among others: rational assignment and distribution of duties; distribution of authority in accordance with responsibilities; suitable selection of personnel; the provision of resources in tune with the needs of the Institute and its sections.
History —July 24, 1985, No. 13, p. 689, § 9; Dec. 29, 2009, No. 200, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3010/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3010 - Classification and compensation
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3010 - Classification and compensation
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The Institute shall be an individual administrator pursuant to the provisions of §§ 1301 et seq. of Title 3.
The classification and remuneration schedules of the personnel of the Institute shall be established taking into consideration the complexity of the work, educational background and experience required for each of the positions needed for the operation of the Institute. Any official or employee transferred to the Institute shall retain the status and rights they enjoyed when transferred, under the legislation and regulations in effect, and shall also retain any retirement system or pension fund prescribed by law for officials and employees who hold similar positions in the Commonwealth government.
The classifications held by the employees transferred by virtue of Section 37 shall be reclassified in tune with the classifications adopted by the Institute. In no case may this reclassification be lower, regarding the levels of complexity, the duties and the requirements to fill the position and the compensation schedule, to those who hold the positions at the time of the transfer.
Basic salaries for the remuneration schedules of the following positions are hereby established as indicated:
(1) The minimum salary for forensic pathologists shall be sixty-five thousand dollars ($65,000).
(2) The minimum salary for anatomy pathologists shall be fifty-two thousand dollars ($52,000).
The Director of the Institute shall present a salary scale review plan to non-management employees in a term of one (1) year, after the management employees’ salary schedule has been reviewed.
History —July 24, 1985, No. 13, p. 689, § 10; Mar. 3, 1999, No. 88, § 1; Dec. 29, 2009, No. 200, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3011/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3011 - Investigation of the cause of death—Circumstances
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3011 - Investigation of the cause of death—Circumstances
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(a) It shall be the duty of the Institute of Forensic Sciences to investigate in order to determine the cause and manner of death of any person whose demise occurs under any of the following circumstances:
(1) As a result of criminal acts or that are suspected to be the result of the commission of a crime.
(2) As a result of any accident or act of violence or any subsequent act, regardless of its nature or time interval between said acts and the death, if there is reason to suspect that there is a relationship between said accident or the act of violence and the death.
(3) As a result of poisoning or suspicion of such.
(4) When the death occurs while in custody of the Police or officers of law and order, while in prison, or as a result of sickness or injury occurring while in prison, or suspicion thereof.
(5) As a result or in relation with the occupation of the deceased.
(6) When it is due to acute intoxication with alcohol, narcotics, or any other type of drug or controlled substances or suspicion of such.
(7) When it is due to suicide or suspicion of such.
(8) When in the process of an autopsy which was not originally considered as medico-legal, the pathologist discovers any clue, or any suspicion arises to indicate that such death could have occurred due to the commission of a crime. In such case, said pathologist shall suspend the autopsy and notify the Forensic Scientist of his suspicion immediately.
(9) When death occurs suddenly or unexpectedly while the person was enjoying relative or apparent good health.
(10) When death occurs during or after an abortion or delivery, or if it is suspected that it was a provoked abortion or delivery in violation of the provisions of §§ 4739—4741 of Title 33.
(11) When death occurs in a convalescent home, a home for the elderly, an “establishment” as defined in subsections (2), (3), (4), (5) and (8) of § 353 of Title 8, or a similar institution, whether it be State, municipal, or private. In such situation, it shall not be necessary to take the corpse to the Institute, unless the case pathologist so requires.
(12) When death occurs to a person who had a contagious disease that could constitute a threat to public health.
(13) When death occurs during hospitalization in a psychiatric institution, whether it be State, municipal, or private, except in cases of death due to childbirth, duly certified by a physician.
(14) If it was caused by a physical force such as electricity, heat, cold, radiation, or the disposal of chemical products.
(15) Any death due to malnutrition, abandonment, or exposure to the elements, as a result of negligence.
(b) It shall also be the duty of the Institute to investigate in order to determine the cause and manner of the death of a person:
(1) When the corpse is to be cremated, dissected, or disposed of in such a way that it will not be subsequently available for examination, regardless of how the death occurred. In such situation, it shall not be necessary to take the corpse to the Institute, unless the case pathologist so requires.
(2) When the prosecutor or coroner who investigates the death of any person requests the Puerto Rico Institute of Forensic Sciences to do so.
History —July 24, 1985, No. 13, p. 689, § 11; Aug. 12, 1995, No. 192, § 1; Dec. 29, 2009, No. 200, § 8.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3012/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3012 - Mandatory autopsy
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3012 - Mandatory autopsy
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When death is produced under the circumstances enumerated in clauses (1)—(11), (13) and (14) of subsection (a) of § 3011 of this title, it shall be mandatory to perform an autopsy in order to determine the cause and manner of such death. In the case of § 3011(a)(14) of this title, it shall be mandatory to perform an autopsy when so ordered by the prosecutor, who shall be notified of all deaths of the kinds specified in this subsection. In all other cases listed in § 3011 of this title, an autopsy shall be performed at the discretion of the forensic pathologist responsible for the investigation whenever any doubts arise about the cause of death or the manner in which it took place, or when, for any reason, such pathologist deems it necessary for the best elucidation of the facts. In the case of both mandatory and discretionary autopsies, the Institute of Forensic Sciences shall incorporate into its database the number of the complaint, if any, assigned by the Puerto Rico Police Department, when the death of any person takes place under some of the situations specified in this chapter, as well as into its report about the results of the autopsy.
In all cases, the Director of the Institute, or any of its forensic pathologists and assistant medical examiners, shall have the authority to perform or order the performance of an autopsy.
History —July 24, 1985, No. 13, p. 689, § 12; Aug. 12, 1995, No. 192, § 2; July 26, 2006, No. 134, § 1; Dec. 29, 2009, No. 200, § 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3013/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3013 - Investigation of the course of death—Autopsy by request of investigating authorities
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3013 - Investigation of the course of death—Autopsy by request of investigating authorities
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The Institute shall perform an autopsy on a cadaver whenever a prosecutor or trial judge so requests it, in any case.
History —July 24, 1985, No. 13, p. 689, § 13, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3014/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3014 - Other investigative services
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3014 - Other investigative services
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With regard to crimes in which no death of a human being has been caused, the Institute of Forensic Sciences, upon petition of judges, prosecutors, defense attorneys, shall also perform all necessary laboratory investigations that are available, to provide the information they need to help clarify the matter in question. If the circumstances permit it, the Institute’s services in the area of toxicology, analysis of controlled substances; analysis of explosives accelerants, residue, distances of shots, comparison of glass, paint, soil, fibers and metals; forensic serology, criminal photography, identification of firearms, questionable documents and lie detection and forensic investigation services, shall be available.
The Institute shall perform all the scientific services that the Puerto Rico Police Laboratory renders at present, and all the services rendered by the Special Investigation Services’ Technical Services Division, as well as any other forensic science service needed in the future as an adjunct to the investigating process.
History —July 24, 1985, No. 13, p. 689, § 14, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3015/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3015 - Cases of death—Report of forensic physician
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3015 - Cases of death—Report of forensic physician
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The prosecutor or trial judge performing the investigation shall make a report of the cases of deaths which appear to have occurred under any of the circumstances enumerated in § 3011 of this title to the Institute, which shall provide for the pertinent investigation.
History —July 24, 1985, No. 13, p. 689, § 15, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3016/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3016 - Cases of death—Duty of every person to report
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3016 - Cases of death—Duty of every person to report
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(a) Every person having knowledge of a death occurring under any of the circumstances specified in § 3011 of this title shall immediately report the same to the Puerto Rico Police or to any judge or prosecutor, who shall proceed to advise the Institute. Any person who wilfully neglects to report a death occurring under the aforesaid circumstances shall be guilty of a misdemeanor.
(b) Any person who, without a written permit from the competent authorities, touches, moves or lifts the body of a person who died under such circumstances, or touches or moves the clothes or objects close to the body, shall be guilty of a misdemeanor. Such prohibitions exclude physicians authorized by the Institute, hospitals, clinics, health centers, and any other institutions which render medical-hospital services, whether they be public or private, whenever death occurs in situations where the circumstances of violence or crime included in clauses (1) and (2) of subsection (a) of § 3011 of this title are not present. In such cases, the cadavers shall be transported and preserved in the morgues of the institutions involved, until a prosecutor, trial judge or official of the Institute with authority to do so, authorizes the removal of the body. Likewise, the clothes and objects of the deceased, together with objects found close to the corpse, shall be gathered and preserved intact to be placed at the disposal of the prosecutor, trial judge and/or officials of the Institute charged with investigating the case at a later date.
History —July 24, 1985, No. 13, p. 689, § 16, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3017/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3017 - Cases of death—On site investigation by the Institute
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3017 - Cases of death—On site investigation by the Institute
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In every case in which the Institute is advised of a death occurring under clauses (1) through (7), (10) and (17), of subsection (a) of § 3011 of this title, or when requested by a prosecutor or trial judge, a forensic investigator shall be sent to the site of the death to carry out the pertinent investigations. A forensic pathologist and/or a toxicologist, and/or any other technical personnel required will be sent to the site of the demise, if necessary, in order to help elucidate the circumstances and manner of death.
History —July 24, 1985, No. 13, p. 689, § 17, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3018/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3018 - Cases of death—Notes on the preliminary investigation
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3018 - Cases of death—Notes on the preliminary investigation
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In any case that is investigated by the personnel of the Institute at the site of the death, said personnel shall make notes at the site of all the circumstances deemed significant, such as the position and location of the corpse, blood stains, signs, objects, clothes, fibers, signs of violence, as well as the manner and cause of death. General and specific photographs shall be taken, and such studies for identification and of any other nature that may be performed on the scene shall be carried out. A preliminary report shall be rendered immediately to the trial judge or prosecutor.
History —July 24, 1985, No. 13, p. 689, § 18, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3019/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3019 - Cases of death—Removal of the corpse
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3019 - Cases of death—Removal of the corpse
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In every case, the removal of the corpse shall be authorized by the prosecutor or coroner investigating the case. Such order shall specify whether the corpse should be taken to any of the facilities of the Institute throughout the Island with the purpose of performing the autopsy or conducting subsequent investigations, or whether the corpse may be returned to family members.
The forensic pathologists and investigators of the Institute investigating a death at the site where it occurred shall have the same authority, whenever they have determined with reasonable certainty that the death was not caused by any violent or criminal act covered under clauses (1) and (2) of subsection (a) of § 3011 of this title.
In the event that forensic investigators do not arrive at the crime scene, and violent and criminal acts covered under clauses (1) and (2) of subsection (a) of § 3011 of this title are not involved, the investigator of the Puerto Rico Police Department shall prepare a report on the circumstances of the death and the evidence gathered at the crime scene. Said report shall be delivered to the Institute along with the corpse, and it shall be an essential requirement to admit such corpse to the Institute and carry out the pertinent forensic analysis.
In cases of death by fire, a preliminary report shall be provided in which the circumstances of death and the evidence gathered at the scene are described. This preliminary report shall also be delivered to the Institute along with the corpse and shall be a requirement for admission.
In cases of death occurred in any of the correctional institutions of the Government of Puerto Rico, the corrections administrations’ official in charge of such institution, or in the absence thereof, the highest-ranking corrections officer, shall be responsible for drafting the report in which the circumstances of death and the evidence gathered are described, along with the names and statements of the persons who found the body. Likewise, said report shall be a requirement for admission of the corpse to the Institute.
History —July 24, 1985, No. 13, p. 689, § 19, retroactive to July 1, 1985; Dec. 29, 2009, No. 200, § 10.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3020/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3020 - Cases of death—Autopsy results
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3020 - Cases of death—Autopsy results
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In every case in which an autopsy is performed, the results thereof shall be brought before the trial judge or prosecutor as soon as possible, in addition to any other information that could help them elucidate the facts. The same information shall be provided to the defense attorneys and the next of kin of the deceased.
History —July 24, 1985, No. 13, p. 689, § 20, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3021/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3021 - Sworn statements
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3021 - Sworn statements
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Forensic scientists in Puerto Rico, as well as forensic pathologists, assistant forensic pathologists, assistant medical examiners, and forensic investigators of the Institute, are hereby authorized to:
(a) Take sworn statements in all cases investigated by them.
(b) Keep and bear firearms.
Likewise, firearms examiners, forensic chemists, forensic serologists, coordinators and technicians of the controlled substance program, biological, documentary, and/or digital evidence control officials and technicians, and any other personnel in charge of security at the Institute are also authorized to keep and bear firearms.
History —July 24, 1985, No. 13, p. 689, § 21; Dec. 29, 2009, No. 200, § 11.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3022/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3022 - Rules and procedures
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3022 - Rules and procedures
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The Director of the Institute shall propose any rules and regulations needed for the operation of the Institute and the implementation of this chapter to the Board of Directors.
History —July 24, 1985, No. 13, p. 689, § 22, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3023/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3023 - Filing of cases; conservation, inspection
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3023 - Filing of cases; conservation, inspection
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The Institute shall maintain files of all the cases it investigates as well as of those investigated by the Forensic Pathologists and Coroners, Auxiliary Coroners or the technical personnel of all the districts. Each case shall be filed under the name of the victim, if known, the number of the complaint, if any, of the Puerto Rico Police for the particular incident, the place where the corpse was found and the date of death. In those cases where there has been no death, the case shall be filed under the name of the person charged and under the number of the complaint, if any, of the Puerto Rico Police for the particular incident. An index shall be kept to permit the prompt location of any case at any time. The record of each case of death shall include the original coroner’s report and the protocol of the autopsy or a copy thereof, if it has been performed, and the number of the complaint, if any, of the Puerto Rico Police, about the particular incident. In other cases, the analyses that were performed or copies thereof and the number of the complaint, if any, of the Puerto Rico Police about the particular incident shall be included. The files shall be kept at the Institute, duly protected and safeguarded against theft, fire and their inspection by unauthorized persons.
The inspection of the Institute’s files by attorneys, physicians, and other experts of the parties in any criminal or civil procedure related to cases investigated by the Institute, as well as interviews by the above mentioned persons with the Institute’s professional personnel who intervened in said case, shall be regulated by the Director of the Institute, with due protection of the fundamental rights of the parties, and guaranteeing due process of law.
History —July 24, 1985, No. 13, p. 689, § 23; July 26, 2006, No. 134, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3024/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3024 - Custody of personal belongings of the deceased
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3024 - Custody of personal belongings of the deceased
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The clothing, money, jewelry, or any other personal object of the deceased found on the body, in those cases that autopsies are to be performed, shall be taken into custody, kept and duly identified by the Forensic Scientist for whatever time is necessary for the purpose of his investigation. The objects not needed by the Forensic Scientist for the investigation or by the prosecutor for the discharge of his duties shall be delivered to the next of kin of the deceased by the Institute.
Likewise, any object which was originally retained by the Institute or by the prosecutor, which is not needed later for their purposes, shall be delivered to the family of the deceased as soon as possible.
History —July 24, 1985, No. 13, p. 689, § 24, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3025/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3025 - Disposal of the body
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3025 - Disposal of the body
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After the autopsy or investigation, the body of the deceased shall be delivered to the next of kin, or the person charged with the burial, on written and signed application, following the order indicated below:
(1) To the surviving spouse, if they cohabited at the time of the death.
(2) To the eldest child, and in case of his absence or disability, to the child next in succession, if they are of legal age.
(3) To the father or mother.
(4) To the eldest of the brothers or sisters of whole blood, and in their absence, to the eldest of the half-brothers or sisters, provided they are of legal age.
(5) To the grandfather or grandmother.
(6) To the tutor of the deceased at the moment of death, or the relative or private person who cared for the deceased during his life.
(7) To any person or entity authorized or obligated by law to dispose of the corpse.
History —July 24, 1985, No. 13, p. 689, § 25, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3025a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3025a - Disposal of the body to a specific person
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3025a - Disposal of the body to a specific person
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Once the term of six (6) days as of the autopsy and investigation have elapsed and the body remains unclaimed in accordance with the provisions of § 3620 l of Title 24, any person or entity may claim it for burial or cremation, provided that the following requirements are met:
(a) The person that claims the body shall be of legal age.
(b) The person that claims the body shall submit a negative criminal record certificate to the Institute.
(c) The person or entity that claims the body must have been connected in some manner to the deceased, or the deceased must have been a member of the claiming entity.
(d) If the person who claims the body is a member of a civic or religious entity, said person must provide a formal request issued by said organization to claim the body and to prove that the deceased was a member of said entity.
(e) By means of a sworn statement, the person or entity must:
(1) Prove the motive for claiming the deceased.
(2) Prove the connection to the deceased.
(3) Describe the steps taken to locate the next of kin of the deceased or prove knowledge of their whereabouts.
(4) State the name of the institution that shall bury or cremate the deceased.
(5) The person that claims the body shall present information or documents that attest to the information that is affirmed in the sworn statement to the Institute.
Once the term to claim the body as provided by this chapter has elapsed, the Board cannot be held responsible for the release of the body to another person or entity that complies with the provisions of this section. The Board shall not be civilly liable when it releases a body pursuant to the provisions of this section, in the absence of a timely claim from a person with priority within the term provided by the law.
History —July 24, 1985, No. 13, p. 735, added as § 25-A on Nov. 30, 2006, No. 251, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3025b/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3025b - False information—Misdemeanor
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3025b - False information—Misdemeanor
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If the person who claims the body submits false information to the Institute or uses the body for any activity other than burial or cremation, said person shall incur a misdemeanor, and if found guilty, shall be sanctioned with a maximum penalty of imprisonment for three (3) months, or a five-hundred-dollar ($500) fine, or both penalties, at the discretion of the court.
History —July 24, 1985, No. 13, p. 735, added as § 25-B on Nov. 30, 2006, No. 251, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3026/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3026 - Preservation of tissue samples and other evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3026 - Preservation of tissue samples and other evidence
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In all those cases that an autopsy is performed, the Institute shall preserve all necessary samples of blood, urine, body fluids, organs and parts of tissues, according to the best acceptable medical practices, and such other objects as, but without being limited to, bullets and any other foreign bodies found in the corpse, to be used as corroborating proof and/or evidence. Said organs, samples of tissues, blood, urine, body fluids and objects shall be preserved and kept in custody in such a way that the identity and integrity thereof are guaranteed.
The samples of tissues, blood, urine and body fluids shall be preserved for a period of not less than six (6) months. The organs and tissue samples shall be preserved for a period not less than one (1) year. The Institute of Forensic Sciences shall preserve a scientific sample before disposing of said samples.
Evidence from other criminal cases that require analysis or examination and where there has not been a death or grave bodily injury, shall be received and preserved for analysis or examination. The agency that submitted the evidence for analysis shall take custody thereof once it has been analyzed or examined by the Institute of Forensic Sciences, except in the cases involving controlled substances. The Institute shall dispose of the evidence related to a criminal case when one or more of the following circumstances occur:
(a) The crime has prescribed.
(b) The head of the agency that submitted the evidence remits written notification for the seizure thereof.
(c) The court has reached a final and binding determination on the case which cannot be appealed.
The Department of Justice shall notify the Institute of Forensic Sciences in writing of the resolution of the cases in which the Institute has intervened in the analysis of evidence of physical and legal nature, with the purpose of disposing of the evidence as established in this section.
The Director of the Institute shall establish the procedures to be followed to comply with the provisions of this section.
History —July 24, 1985, No. 13, p. 689, § 26; Jan. 10, 1998, No. 15, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3027/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3027 - Admission of institute reports as prima facie evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3027 - Admission of institute reports as prima facie evidence
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The Institute shall issue, by request of an interested party and after payment of the appropriate fees and expenses, certified copies of reports on the autopsies and scientific analyses and examination reports performed by the professional personnel of the Institute, provided they are not related to a crime or under criminal investigation. The exact concordance between such copies and the Institute’s records shall be consigned in the certificate.
Nevertheless, when the autopsy and scientific analysis reports of criminal cases are used in court proceedings, no copies of said reports shall be issued without the approval of the Secretary of Justice or the Prosecutor, unless it is a request from a competent court.
Certified copies of the reports shall be admissible in the Courts of Puerto Rico, subject to the provisions of the Rules of Evidence of Puerto Rico.
An electronic signature system shall be established to allow for the expert reports to be sent by e-mail to the Prosecutors of the Department of Justice of Puerto Rico and the Judges of the General Court of Justice, so as to guarantee the reliability and authenticity of the transferred information, according to the provisions of §§ 8701 et seq. of Title 3, known as the “Puerto Rico Electronic Signature Act”.
History —July 24, 1985, No. 13, p. 689, § 27; July 1, 1988, No. 52, p. 253; Dec. 29, 2009, No. 200, § 12.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3028/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3028 - Copy of medical record shall be attached to cases referred to institute
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3028 - Copy of medical record shall be attached to cases referred to institute
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Every corpse referred to the Institute by any hospital, clinic or medical or hospital center shall be sent to the Institute with a photocopy of the deceased’s medical record and a summary thereof.
History —July 24, 1985, No. 13, p. 689, § 28, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3028a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3028a - Video teleconferencing system
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3028a - Video teleconferencing system
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The Puerto Rico Institute of Forensic Sciences shall install and configure a video teleconferencing system in its facilities, in coordination with the Department of Justice and the Courts of Justice of Puerto Rico, which it may use to:
(a) Comply with the continuing education programs required for the accreditation, reaccreditation, association membership, and professional improvement of the entity’s personnel.
(b) Consult with experts locally, nationally, and internationally.
(c) Discuss cases with the prosecutors and criminal investigators of the Department of Justice and other law enforcement agencies.
(d) Carry out technical reviews of cases involving experts.
(e) Provide expert testimony during any stage of the court proceeding, insofar as it is authorized by the judge in pro se cases related to the Controlled Substances Act, but without impairing the right of the parties to object.
History —July 24, 1985, No. 13, p. 689, added as § 28-A on Dec. 29, 2009, No. 200, § 13.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3029/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3029 - Seat of Institute
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3029 - Seat of Institute
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The Institute shall have its offices and laboratories in San Juan and shall negotiate and establish as soon as possible, those regional laboratories and offices throughout the Commonwealth of Puerto Rico, needed to implement this chapter.
History —July 24, 1985, No. 13, p. 689, § 29, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3030/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3030 - Territorial demarcations served diverse offices and laboratories
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3030 - Territorial demarcations served diverse offices and laboratories
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The Institute’s Board of Directors shall determine the location of the Regional Offices and Laboratories of the Institute of Forensic Sciences and the Territorial demarcation they shall serve.
History —July 24, 1985, No. 13, p. 689, § 30, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3031/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3031 - Hours of operation
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3031 - Hours of operation
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The Director shall establish the hours of operation of the different offices of the Puerto Rico Institute of Forensic Sciences so that the Institute’s services will be available at all times. To such effect, the return of corpses to family members shall be guaranteed to take no more than forty-eight (48) business hours as of the time of identification, unless investigative or scientific circumstances so impair.
The Institute shall comply with the terms established by the accrediting institutions described in § 3 of this act as follows:
(a) The autopsy reports shall be submitted within a term of forty (40) business days in homicide cases, and sixty (60) business days in all other cases.
(b) Negative toxicology tests shall be submitted within a term of thirty (30) days, and positive tests, within forty (40) days.
The Director shall be responsible for organizing shifts in addition to those established, with the corresponding compensation, for personnel who perform autopsies.
History —July 24, 1985, No. 13, p. 689; Dec. 29, 2009, No. 200, § 14.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3032/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3032 - Other institutions—Arrangements
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3032 - Other institutions—Arrangements
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Whenever it is necessary or convenient, the Institute may make the pertinent arrangements with the Department of Health of the Commonwealth of Puerto Rico, with the University of Puerto Rico Campuses, other Commonwealth or federal government institutions, and with private institutions be they educational or laboratories or which provide medico-hospital services, for the use of physical facilities in those areas of Puerto Rico where the Institute does not have its own facilities.
History —July 24, 1985, No. 13, p. 689, § 32, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3033/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3033 - Other institutions—Services
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3033 - Other institutions—Services
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The Institute may make arrangements and agreements so that through adequate compensation, it may render services related to forensic matters to other public or private hospitals, clinics, health centers and institutions which provide medico-hospital services, without impairing the functions of the Institute established by this chapter. Said compensation shall nurture the operational funds of the Institute, subject to the due accounting that pertains to all public moneys.
History —July 24, 1985, No. 13, p. 689, § 33, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3034/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3034 - Physicians; duty to perform autopsies
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3034 - Physicians; duty to perform autopsies
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The Director of the Institute or any prosecutor or trial judge, in coordination with him, may require any qualified physician in the Commonwealth of Puerto Rico, whenever the circumstances so warrant, to perform an autopsy. Any physician thus approached who refuses to perform said autopsy shall be guilty of a misdemeanor. Every physician who performs such autopsies shall immediately send a copy of the protocol of the autopsy performed to the Institute.
History —July 24, 1985, No. 13, p. 689, § 34, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3035/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3035 - Professional personnel; participation as private experts forbidden
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3035 - Professional personnel; participation as private experts forbidden
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The professional personnel of the Institute of Forensic Sciences shall not participate as private experts in civil suits. Whenever the professional staff of the Institute is summoned by the court or by request of one of the parties to testify in a civil suit in which it intervened in the investigation, the court will fix the appropriate reasonable fees which shall be consigned in court beforehand, and then transferred to the operating funds of the Institute. Likewise, the court shall fix the corresponding transportation expenses and per diems to be paid to the official of the Institute summoned by the court.
History —July 24, 1985, No. 13, p. 689, § 35, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3036/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3036 - Periodic medical examination of personnel
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3036 - Periodic medical examination of personnel
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The Institute’s personnel shall be submitted periodically, not less than once a year, to a complete medical examination, including all the pertinent clinical analyses. Said examinations shall be performed by the University Hospital of the Medical Sciences Campus, free of charge, for the Institute’s personnel. The Director shall be responsible for making the necessary arrangements with the Medical Director of the University Hospital, annually, for the medical examinations to be performed.
History —July 24, 1985, No. 13, p. 689, § 36, retroactive to July 1, 1985.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4001/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4001 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4001 - Definitions
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The following words and phrases shall have the meaning stated below, except when the context indicates otherwise:
(a) DNA Data Bank.— The Commonwealth depository of DNA records included in a registration system, administered by the Puerto Rico Institute of Forensic Sciences, to be used exclusively for criminal identification.
(b) CODIS.— Combined DNA Index system (Indice Combinado de ADN) administered by the Federal Bureau of Investigation, and created by the “DNA Identification Act of 1994”, 42 U.S.C. §§ 14131 et seq., as amended, which allows the storage and exchange of data entered in the DNA Banks, furnished by the state jurisdictions of the United States and Puerto Rico.
(c) Director.— The Executive Director of the Puerto Rico Institute of Forensic Sciences.
(d) DNA.— Deoxyribonucleic Acid located in the nucleate cells, which provides the genetic profile of a person and can be used for forensic identification.
(e) FBI.— The Federal Bureau of Investigation.
(f) Institute.— The Puerto Rico Institute of Forensic Science, created by virtue of §§ 3001 et seq. of this title.
(g) Board.— The Governing Board of the Puerto Rico Institute of Forensic Science.
(h) DNA forensic laboratory.— The laboratory which performs the extraction, analysis and matching of DNA from a sample.
(i) Sample.— The amount of blood, tissue or bodily fluids extracted from any person subject to the provisions of this chapter, or any biological evidence furnished to a DNA forensic laboratory or to the Institute for storage or analysis.
(j) Records.— The information of the final results of the analysis of the samples by a DNA forensic laboratory and stored in the DNA Data Bank and CODIS in order to generate research guidelines, support the statistical interpretation of DNA test results, or assist in criminal identification.
History —July 24, 1998, No. 175, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4002/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4002 - Establishment
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4002 - Establishment
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The Puerto Rico DNA Data Bank is hereby established, which shall be attached to the Puerto Rico Forensic Science Institute, and administered by its Director according to the public policy established by the Board. The DNA Data Bank shall have the capacity to store, classify, analyze and compare DNA records pursuant to this chapter. It shall also present the records used for criminal investigation to the FBI, to be stored in CODIS.
History —July 24, 1998, No. 175, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4003/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4003 - Functions and purposes
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4003 - Functions and purposes
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The DNA Data Bank shall have the following functions and purposes:
(a) Assist the Commonwealth, municipal and federal public safety agencies in the investigation of crimes.
(b) Provide information in a criminal procedure to identify or exclude the accused. The DNA record shall be available to the accused pursuant to Commonwealth, municipal and Federal Rules of Evidence and the Rules of Criminal Procedure, as applicable.
(c) Be compatible with the procedures established by the FBI, including the use of comparative procedures, laboratory equipment, material and computer programs.
(d) Assist in judicial procedures by virtue of an order issued by a court of competent jurisdiction.
(e) Fulfill any other purpose that is required under federal legislation as a condition to obtain federal funds.
History —July 24, 1998, No. 175, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4004/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4004 - Board; duties and powers
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4004 - Board; duties and powers
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The Board shall have the following duties and powers with regard to the administration of the Puerto Rico DNA Data Bank:
(a) Supervise and evaluate the administration and management of the Institute with regard to the Puerto Rico DNA Data Bank.
(b) Require reports and statistical data from the Institute as deemed necessary.
(c) Promulgate such regulations that are needed to comply with the purposes and provisions entrusted to it in this chapter, pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”.
History —July 24, 1998, No. 175, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4005/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4005 - Forensic Science Institute; duties and powers
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4005 - Forensic Science Institute; duties and powers
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The Institute shall have the following duties and powers:
(a) Assist the Commonwealth, municipal and federal public safety agencies in the investigation of crimes and serve as liaison between them with regard to the participation of the Government of Puerto Rico, the FBI or any other federal or state agency.
(b) Provide expert analysis, comparison and interpretation of the results of the DNA sample analysis.
(c) Perform genetic marker studies of the Puerto Rican population, in order to execute quality control tests, scientific forensic research, or studies of population segments, provided, that all information that can identify the person is eliminated. These data shall never be entered into the DNA Data Bank.
Nevertheless, data obtained for the Bank may be a part of the genetic marker studies provided that all information that can identify a person is eliminated.
(d) Assist in the recovery or identification of human remains found after catastrophic disasters or for other humane purposes.
(e) Establish, through regulations, the amount to be charged for any service related to DNA testing.
(f) Request and contract DNA forensic laboratory services, whether private, state or federal, exclusively for the taking, extraction and/or analysis of samples that shall be entered to the DNA Data Bank. The Director shall contract these laboratories, in representation of the majority decision of the Board.
(g) Promulgate regulations with regard to the methods of obtaining information requested from the DNA Data Bank and the procedures for the verification of the petitioner’s identity.
(h) Promulgate any other regulation, method or practice that is needed to comply with the purposes and provisions of this chapter, pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”.
History —July 24, 1998, No. 175, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4006/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4006 - Persons subject to sampling
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4006 - Persons subject to sampling
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(a) As of January 1, 1999, any person convicted of any of the crimes listed in this section, or an attempt to commit them, shall be subject to the taking of samples for DNA analysis. Furthermore, any person convicted for, or who has attempted to commit any of the crimes listed in the section, but who is not sentenced to a term in jail, shall be subjected to the taking of a sample as a condition of the sentence imposed.
Besides, and from this same date, those persons who have already been convicted or have attempted to commit any of the crimes listed in this section, who have not asked to participate in any community program, private or public rehabilitation institution, parole, extended pass, electronic shackles program, or any other supervisory measure, shall be subject to the taking of a sample in order to participate in the same.
In all of the above cases, the taking of a sample for analysis shall not be necessary if the person has been previously registered in the DNA Data Bank.
(b) As of January 1, 1999, persons convicted of the following crimes shall be subject to the taking of a sample:
(1) Murder.
(2) Homicide in all its modes.
(3) Rape.
(4) Sodomy.
(5) Lewd and lascivious acts.
(6) Incest.
(7) Bestiality.
(8) Any felony typified in §§ 601 et seq. of Title 8.
(c) On and after July 1, 1999, the following shall be added to the list of crimes in subsection (b):
(1) Kidnapping in all of its modes.
(2) Robbery in all of its modes.
(3) Assault and battery.
(4) Perversion of minors.
(5) Manufacture and distribution of controlled substances.
(6) Distribution of controlled substances to minors eighteen (18) years of age and younger.
(7) Continuous trafficking of controlled substances.
(8) Child abuse in all its modes.
(9) Mayhem.
(d) As of the date of effectiveness of the New Penal Code of the Commonwealth of Puerto Rico of 2004 any person convicted for any of the following offenses, or the attempts or conspiracies thereof, as defined in said Code, shall be subject to having a sample taken:
(1) Murder in all its modalities.
(2) Negligent homicide.
(3) Sexual aggression.
(4) Lascivious acts.
(5) Bestiality.
(6) Kidnapping in all its modalities.
(7) Theft in all its modalities.
(8) Serious aggression and negligent injury.
(9) Perversion of minors.
(10) Child pornography.
(11) Illegal identity theft.
(12) Aggravated false imprisonment when the victim is a minor who has not attained the age of eighteen (18) years (unless committed by a parent or guardian).
(13) Pandering, ruffianism, and human trafficking.
(14) Spousal sexual assault, as classified in § 635 of Title 8.
(15) Aggravated abuse when its commission simultaneously incurs child abuse, as classified in §§ 444 et seq. of Title 8, as described in § 632(g) of Title 8.
(e) As of July 1, 2011, any person against whom there is cause for arrest for having committed or attempted to commit any of the following crimes shall subject to the collection of a DNA sample to determine the characteristics of his/her identity.
(1) Murder
(2) Manslaughter
(3) Abortion
(4) Abortion committed or consented by the woman
(5) Abortion by force or violence
(6) Human cloning
(7) Aggravated battery
(8) Child abduction
(9) Child corruption
(10) Sexual assault
(11) Lewd acts
(12) Bestiality
(13) Proxenetism, pandering, and human trafficking
(14) Aggravated proxenetism, pandering, and human trafficking
(15) Production of child pornography
(16) Possession and distribution of child pornography
(17) Use of a minor for child pornography
(18) Slavery
(19) Aggravated restriction of freedom
(20) Kidnapping
(21) Aggravated kidnapping
(22) Aggravated burglary
(23) Genocide
(24) Crimes against humanity
Only the Institute of Forensic Sciences, or any government entity that may substitute it, shall analyze, store, and keep custody of said sample.
The Clerk of the General Court of Justice for the Superior Part of the judicial region with competence to hear the case shall inform the Institute of Forensic Sciences, or the government entity that may substitute it, of the final ruling for the criminal proceeding related to the arrest for which the sample was taken. If the charges related to the arrest for which the sample was taken are dismissed, or if the court finds the accused not guilty, the Institute of Forensic Sciences, or the government entity that may substitute it, shall then destroy the sample and any file in connection therewith, as long as there are no other charges filed against the same person for which the court may have not issued a final ruling. The procedure for collecting samples in these circumstances is provided in § 4007(c) of this title."
History —July 24, 1998, No. 175, § 8; Sept. 29, 2004, No, 527, § 1; Dec. 30, 2010, No. 253, § 1; Oct. 14, 2011, No. 243, § 12.
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4007 - Testing procedure
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(a) In the event that a person is convicted of any of the crimes listed in § 4006 of this title, the samples shall be collected at the person’s place of imprisonment or detention after a guilty verdict has been rendered. It shall be the responsibility of the Department of Corrections and Rehabilitation to designate areas where the samples shall be collected, ensuring the safety of the procedure through regulations and pursuant to §§ 2001 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”.
Only those persons duly authorized by the Institute shall collect samples. The Institute shall establish through regulations the specific procedures related to collecting and handling a sample, as well as the chain of custody thereof. The Department of Corrections and Rehabilitation, the Corrections Administration, the Institute, and law enforcement agencies shall establish the necessary coordination for the procedure related to sample collection and chain of custody.
(b) Any person subject to this chapter can voluntarily submit a DNA sample for analysis. However, if any person hereby required to do so refuses to submit a sample, the Prosecution can request the Secretary of Justice to file a motion with the court to order the person to submit the DNA sample for analysis.
(c) The collection of the DNA sample of any person against whom there is cause for arrest for committing or attempting to commit any of the crimes listed in § 4006(e) of this title shall take place simultaneously with the fingerprinting and booking process at the Police station or headquarters where the person is detained after his/her arrest. The Puerto Rico Police Department shall, through regulations and according to the laws in effect, designate the areas where samples shall be collected, ensuring the safety of the procedure.
The Forensic Institute of Sciences shall establish, through regulations, the specific procedures related to collecting and handling samples in the facilities of the Puerto Rico Police Department, as well as the chain of custody of the material. The Puerto Rico Police Department and the Institute of Forensic Sciences, or the government entity that may substitute it, shall establish the necessary coordination for the procedure related to the collection and chain of custody of the sample.
History —July 24, 1998, No. 175, § 9; Dec. 30, 2010, No. 253, § 2.
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4008 - Storage of samples and related data
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(a) The records resulting from the analysis established in this chapter shall be deposited in the DNA Data Bank.
(b) Any information generated from the procedures related to the analysis of the sample as well as the sample itself, shall be retained by the Institute.
History —July 24, 1998, No. 175, § 10.
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4009 - Exchange of information with other agencies
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The Institute shall receive the samples to make the DNA analysis and shall maintain the chain of custody of the evidence thus obtained. The Institute can also make the results of the analysis available to the state and federal agencies of the criminal justice system. Only the Executive Director or the person designated by him/her, shall divulge the information contained in the DNA Data Bank through an express request, in support of a criminal investigation, or to third persons who are needed to help in the statistical analysis of the genetic marker studies of the Puerto Rican population.
History —July 24, 1998, No. 175, § 11.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4010 - Confidentiality
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4010 - Confidentiality
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Any information, form, record or sample related to the results of the DNA profile identification shall be confidential in nature, unless it is otherwise provided in this chapter.
History —July 24, 1998, No. 175, § 12.
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4011 - Elimination of record and destruction of sample
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(a) Any person whose DNA record or profile has been included in the DNA Data Bank may request that it be eliminated upon an allegation that the conviction that produced the inclusion of the DNA record in the DNA Data Bank has been revoked and the case has been dismissed. The person per se, or through an attorney, may request the court to eliminate the DNA record. A copy of the request for its destruction shall be served on the corresponding district attorney according to his/her jurisdiction, no less than twenty (20) days prior to the date for the hearing related to this request. A certified copy of the judicial brief by which the conviction is revoked or dismissed shall be attached to the order that decrees the destruction of the DNA record or profile, to the extent its inclusion rests on said conviction.
(b) Upon receipt of a court order decreeing its elimination, and unless otherwise provided, the Institute shall eliminate the record or other information identified therein from the DNA Data Bank, and shall return the sample to the person for disposal.
History —July 24, 1998, No. 175, § 13.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4012 - Penalties
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4012 - Penalties
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Any person who knowingly and voluntarily discloses or makes improper use of the DNA analysis information of the results obtained in the process of taking a sample, or the sample itself, or of any information contained in the DNA Data Bank; or who violates the provisions or regulations promulgated to such effect, shall incur a misdemeanor. Furthermore, the court shall always impose to the person convicted the penalty of restitution for the damages caused, and shall order the cancellation of any license or permit that has been issued by the State.
History —July 24, 1998, No. 175, § 14; Sept. 29, 2004, No. 527, § 2, eff. May 1, 2005.
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 1 - TITLE, EFFECTIVENESS AND CONSTRUCTION › Rule 1.1 - Title
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These rules shall be known as “Rules of Procedure for Minors’ Affairs”.
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 1 - TITLE, EFFECTIVENESS AND CONSTRUCTION › Rule § 1.2 - Application and interpretation
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These rules shall govern all procedures initiated after the effectiveness of Act No. 88 of July 9, 1986, denominated “The Puerto Rico Minors’ Act”, including those that are pending on the effective date of these rules, providing their application does not injure substantive rights. They shall be interpreted according to the purposes that inspired the Minors’ Act, §§ 2201 et seq. of this title, and in a manner that will ensure the fair, speedy and economic solution of all matters.
History —June 19, 1987, No. 33, p. 105.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.1 - Apprehension; definition; how and by whom it shall be done
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.1 - Apprehension; definition; how and by whom it shall be done
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Apprehension is the restraint of freedom of a minor, with a prior judicial order to such effects or without a judicial order, in the exceptional situations established by these rules for investigation purposes, when the minor is connected to the commission of a fault or as consequence of the handling of a complaint. Subject to these rules, the apprehension may be carried out by officials or agents of law and order, or an official designated by the Puerto Rico Police to intervene in minors affairs, officials of the judiciary, or a private person. The minor shall not be subject to any restriction other than what is indispensable for his apprehension.
History —June 19, 1987, No. 33, p. 105.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.2 - Order; who may issue
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.2 - Order; who may issue
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(a) The complaint filed in the interest of a minor shall serve as grounds to issue an order for apprehension thereof. It must be signed and sworn by someone with personal knowledge of the facts. Prosecutors for Minors’ Affairs, prosecuting attorneys and members of the State Police may sign and swear complaints also when they become aware of the facts constituting the offense through information and belief, but in these cases the complaint shall serve as grounds to issue an order for apprehension only after the issuing magistrate has examined any witness with personal knowledge of the facts.
(b) If it may be determined from the complaint and the examination of witnesses with personal knowledge of the facts that probable cause exists to associate the minor with the facts constituting an offense the judge shall issue an order for apprehension thereof, or shall summon the minor, subject to the provisions of Rule 2.8 of this appendix.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.3 - Order; requirements
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.3 - Order; requirements
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The order for apprehension shall provide that the apprehended minor be taken before a judge without unnecessary delay. The order shall include the offense alleged in the complaint, the date and place of its alleged perpetration and shall state, in addition to the date and place of issuance, the name of the minor or a description thereof if the name is not known.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.4 - Without prior court order
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.4 - Without prior court order
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(a) By a peace officer.— A peace officer may apprehend without prior court order when:
(1) There are reasonable grounds to believe that the minor has perpetrated an offense in his presence. In this case, the apprehension shall be performed immediately after the perpetration of the offense or within a reasonable time thereafter.
(2) The apprehended minor has perpetrated Class II or III offense, not in his presence.
(3) There are reasonable grounds to believe that the minor has perpetrated a Class II or III offense, independent from the fact that said offense might have been perpetrated or not.
In cases of clause (1) where peace officer participates, if said peace officer cannot perform the apprehension immediately or within a reasonable time after the offense was perpetrated, he should refer the case to a peace officer especialized in minors affairs, or to the office of the Prosecuting Attorney for Minors’ Affairs directly, for the proper investigation.
(b) By private person.— A private person may apprehend a minor:
(1) For an offense perpetrated or attempted in his presence. In this case apprehension must be performed immediately.
(2) When a Class II or III offense had been perpetrated and the private person had reasonable grounds to believe that the apprehended minor perpetrated it; said private person should take the minor to a peace officer who will proceed as if he would have performed the apprehension and in turn, without unnecessary delay, the peace officer will take the minor before a judge, as provided by these rules.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.5 - Information upon performing apprehension
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.5 - Information upon performing apprehension
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The person performing the apprehension shall inform the minor about his intention, reason and authority therefor, except when said person has reasonable grounds to believe that the minor is perpetrating or attempting to perpetrate an offense, or when the minor is being chased immediately after the perpetration, or after the escape, or when the minor offers resistance before the person has been able to inform said minor, or when offering the required information may jeopardize the apprehension.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.6 - Information about parents or guardians
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.6 - Information about parents or guardians
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Any apprehended minor should notify the performing peace officer regarding his name, age, residential and postal address, and the names and residential address of his parents or guardians.
The peace officer apprehending a minor will have the duty of contacting immediately any of the parents, relatives or guardians of said minor which are known, in order for them to be present during the hearing before the judge.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.7 - Warnings to minors and parents
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.7 - Warnings to minors and parents
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The peace officer performing the apprehension of a minor shall warn him and his parents or guardians, if available, about the right of the minor to remain silent regarding the facts motivating his apprehension, the right against self-incrimination, and the right to communicate with a lawyer. Besides, he shall explain to the minor or his guardians the duty of keeping the court informed regarding any change of residential or postal address.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.8 - Summons; form and requirements
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.8 - Summons; form and requirements
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(a) By a judge.— The judge receiving the complaint may issue a summons, in lieu of an order for apprehension, if there exist reasonable grounds to believe that the minor will appear at the hearing for determination of probable cause to file the complaint.
(b) By a peace officer.— When a peace officer has reasonable grounds to believe that a Class I offense has been perpetrated, in lieu of apprehending the minor, he may issue a summons in writing and signed compelling the minor to appear before a judge for the hearing to determine probable cause to file the complaint.
(c) The summons shall be issued in writing, signed by the peace officer or by the judge, whichever the case may be. The minor and his parents or guardians must sign the summons. It shall require that the minor shall appear in court accompanied by his parents or guardians and shall state the day, time and place therefore, and shall inform the minor that, in case of noncompliance, a provisional order for arrest shall be issued and that, in case he cannot be found, probable cause shall be established in his absence and that the court may waive jurisdiction also in his absence. Besides, it will explain to the minor, his parents or guardians, regarding the duty of keeping the court informed about changes in residential or postal address. Any material defect in an apprehension order shall not affect its validity.
History —Sept. 12, 1990, No. 86, p. 505, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.9 - Proceedings before the judge following apprehension
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.9 - Proceedings before the judge following apprehension
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(a) A peace officer apprehending a minor by court order shall take him before a judge without unnecessary delay. When a minor is apprehended without a court order and is taken before a judge, the complaint shall be filed immediately and an order for apprehension or summons thereof shall be issued pursuant to these rules.
(b) The judge shall instruct the apprehended minor and his parents or guardians, if present, about the complaint filed, about the right of the minor to remain silent regarding the facts motivating his apprehension, the right not to incriminate himself, and the right to legal representation and that the court, in certain cases, may waive jurisdiction in his absence. Besides, the court shall instruct the minor, his parents or guardians about the duty to keep the court informed regarding any change in residential or postal address.
(c) All proceedings under this provision shall be held private, preserving the right to confidentiality pursuant to §§ 2201 et seq. of this title.
(d) The judge shall determine whether the minor is under custody of parents or guardians until the hearing to establish probable cause to file the complaint, or the provisional detention thereof shall be ordered pursuant to § 2220 of this title. When provisional detention is ordered, the judge shall state the grounds for said order in writing.
Whether the minor is under provisional detention or under custody of parents or guardians, he shall be served notice to appear for the hearing to establish probable cause to file a complaint. In the first instance, unless exceptional circumstances exist, the hearing shall be held within seven (7) days following the apprehension. In the second instance, the hearing shall be held within thirty (30) days. All principles of speedy trial in our jurisdiction shall apply to these proceedings.
(e) The judge shall transmit the complaint, the order of apprehension and copy of the provisional detention order, if such is the case, or the notice, to the secretary of the part of the corresponding court and to the office of the Prosecutor for Minors’ Affairs, for ulterior proceedings to be conducted pursuant to these rules.
If provisional detention has been ordered, such order shall be transmitted to the director of the institution where the minor is detained.
(f) Any motion to review the provisional detention order shall be decided the very next working day after its filing, prior hearing to the Prosecutor of Minors’ Affairs and to the concerned minor. Diverse circumstances shall be weighted at the hearing, such as the safety of the minor, known history of noncompliance with orders to appear, risk for the community and whether there may be responsible people willing to assume the custody of the minor and guarantee his appearance during ulterior steps of the proceedings. If the release of the minor should lie upon the court’s discretion, and order to that effect shall be entered and the minor and his parents or guardians shall be served notice for the probable cause determination hearing. If the court would not resolve within such term, the minor must be released.
The judge to entertain the review of a provisional detention order shall be of higher category to the judge presiding over the apprehension hearing. Participation in such review of the provisional detention order shall not disqualify a judge to participate in further steps of these proceedings.
History —Sept. 12, 1990, No. 86, p. 505, §§ 1, 2.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.10 - Hearing to determine probable cause to file a complaint
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.10 - Hearing to determine probable cause to file a complaint
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(a) The purpose of this hearing in its first stage is that of verifying if there is any trace of the evidence needed regarding the essential elements of the faults and its relation with the minor thus charged.
(b) The judge before whom the hearing to determine probable cause is held shall inform the minor the contents of the complaint, shall advise him of his right not to incriminate himself, to remain silent with respect to the facts charged, to contact a lawyer, and will orient him as to the constitutional rights that protect him. In said hearing, the minor shall have the right to be represented by counsel, to cross examine witnesses and to introduce evidence in his behalf.
(c) Procedure during the hearing.— The Prosecutor shall introduce the proof to determine probable cause and may cross examine the witnesses brought by the minor. To determine probable cause, the judge shall circumscribe himself to the examination of the contents of the complaint submitted to him and shall consider only the evidence submitted with relation to it.
Upon request therefor, the Prosecutor shall make available to the minor all the sworn statements in his custody of the witnesses who have testified in the hearing, for his inspection.
History —June 19, 1987, No. 33, p. 105, § 1.
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