P.R. Laws tit. 8, § 450h
In any case in which a person who has not been previously convicted of violating the provisions of this chapter or any other law of Puerto Rico or the United States concerning abusive conduct toward minors, incurs conduct typified as a crime under this chapter, after a trial has been held and after a conviction, or after a guilty plea has been entered, the court, motu proprio, or at the request of the defense or the Department of Justice, may cease all proceedings and submit that person to a diversion program for the reeducation and retraining of persons who incur abusive conduct against minors. Before making any determination in this regard, the court shall hear the opinion of the Department of Justice. Provided, That in those cases in which the charges contain allegations of abuse of a sexual nature or of serious physical abuse, this diversion option shall not be available. The court shall impose the terms and conditions it may deem reasonable and appropriate for the diversion program, taking into consideration the best interests of the minor, and shall set the term of the reeducation and retraining program to which the accused shall be submitted, which term shall never be less than one (1) year. If the accused or the person who benefits from the diversion program established in this section fails to comply with any of the conditions imposed by the court, the latter, after holding a hearing, may vacate benefit granted and proceed to issue judgment.
If a person who benefits from a diversion program established in this section fulfills to the letter the conditions imposed as part thereof, the court may, at its discretion and after holding a hearing, order the dismissal of the case against him or her. The dismissal under this section shall be effected without a verdict from the court, but the record of the case shall be kept confidential, not accessible to the public, and separate from other records, for the exclusive use of the courts to determine whether the person qualifies for the benefits provided under this section in subsequent proceedings.
The dismissal of the case shall not be deemed to be a conviction for the purpose of the disqualifications or incapacities imposed by law on those convicted of committing a crime, and the person whose case has been thus dismissed shall be entitled to have the Superintendent of Police return any fingerprint records and photographs in the possession of the Puerto Rico Police taken in relation to the violation of the law for which he or she was prosecuted.
The dismissal provided in this section may only be granted once to any eligible person.
History —Aug. 1, 2003, No. 177, § 80; Sept. 29, 2004, No. 510, § 18.