P.R. Laws tit. 4, § 1503b

2019-02-20 00:00:00+00
§ 1503b. Rights of crime victims

In procedures pertaining to the consideration of granting or modifying parole privileges, the victim of the crime for which the parolee or inmate was convicted, shall be guaranteed the following rights:

(a) To be treated with dignity, compassion and respect by all Board members and employees of the entity. To appear and to be heard orally or in writing, at his/her discretion, to present their opinion before the members of the Board or the corresponding Panel of the Board, on:

(1) The rehabilitation process and the determination to be made in due time with regard to the benefit of the privilege, and/or

(2) the financial, emotional or physical impact caused by the commission of the crime on the victim and his/her family.

(b) To be present at the hearing as an observer.

(c) Through a request to such effects, to testify at the hearing in absence of the parolee or inmate.

(d) To have access to all the information contained in any file or other documentation regarding the parolee or inmate, as well as to any file related to his/her physical or mental health when the request for information is directly related to the administration of justice in criminal cases, when pertinent, and pursuant to applicable laws and regulations, except for such information that is given as confidential by unrelated third parties and which should reveal their identity. Having access includes providing the victim with certified copies of all the documents requested, pursuant to the rules set forth by the agency regarding the charging of fees for reproducing them. The Board shall be responsible for maintaining confidential the identity of third parties, who give it information to reach a determination. In addition, the victim shall use confidential information solely and exclusively for purposes of issuing an informed opinion on the determination of the consideration of parole privileges within the parameters of the applicable laws, jurisprudence and regulations.

(e) To be assisted by an attorney or any expert who can furnish an understanding of the procedures or the information to which he/she is entitled.

(f) To require that the confidentiality of information on his/her residential and business addresses, as well as of telephone numbers is maintained when the specific circumstances of the case and the personal security of the victim and his/her relatives warrant it, as well as any document, paper, and photograph containing such information and which is under the custody of the Board and its employees, with the exception of those cases provided in §§ 973 et seq. of Title 25.

(g) To be notified of the results of the hearing when the person responsible for committing the crime is about to be set free on parole prior to his release or transfer into the community at large.

(h) To request [an] administrative review before the Board in full attendance on any finding, order or resolution issued by the corresponding Panel, as provided through regulations.

(i) To request a judicial review before the Circuit Court of Appeals, pursuant to §§ 2101 et seq. of Title 3, on any determination, order or resolution issued by the Board.

History —July 22, 1974, No. 118, Part 1, p. 540, added as § 3-B on July 27, 1995, No. 90, § 1; July 6, 2000, No. 114, § 5; Oct. 31, 2001, No. 151, § 3.