P.R. Laws tit. 4, § 1505
The Board, or any of its members, are hereby authorized, upon a preliminary investigation by the Correctional Administration, which reveals a violation of any condition of parole, to order the arrest and imprisonment of any parolee in the institution designated by the Correctional Administrator. The order shall be enforced by any official of the Board, by any official or employee of the Correctional Administration or by any police officer or agent, as if it were a judicial order. The order shall notify the parolee of the alleged violation of parole, his rights and the holding of an initial summary hearing to determine if there is probable cause to believe that the alleged violation has been committed. The person shall remain imprisoned in the institution while action is taken on any accusation of a violation of any condition for parole as authorized below, unless the Board orders his release.
An initial summary hearing shall be held before an examining officer appointed by the Board, within the closest term possible, which under normal circumstances should not exceed seventy-two (72) hours from the moment of the arrest and imprisonment of the parolee, to determine if there is probable cause for the parolee to continue imprisoned until the Board issues a final decision. The parolee shall have the opportunity to be heard and present evidence in his favor. He may, in turn, confront the official who prepared the preliminary report and adverse witnesses available during the preliminary investigation. The examining officer shall decide, depending on the particular circumstances of each case, on the need to maintain the anonymity of the persons interviewed by the official who prepared the preliminary report for their personal security.
The initial summary hearing shall be of an informal nature and the Rules of Evidence will only be applied with flexibility so that the prompt and just determination of probable cause will not be vitiated or obstructed. The Rules of Criminal Procedure shall govern in the measure that they are not incompatible with the summary and informal nature of the hearing. The examining officer shall write a succinct statement of the procedures and his decision. The parolee shall be assisted by an attorney.
When dealing with a parolee accused of committing a felony, who is enjoying parole as provided in § 1503 of this title, it shall not be necessary to hold an initial summary hearing when a court has determined probable cause for the alleged crime, and at that moment the parole may be temporarily revoked until the Board issues its final decision.
The Board shall hold a final hearing to determine if the revocation of parole is in order within sixty (60) days from the arrest of the parolee. This term may be extended for just cause or at the parolee’s request. Prior to holding the hearing, the Board must conduct an investigation and request an evaluation report from the Correctional Administration on the alleged violation of the parole conditions.
The parolee has the right to receive prior written notification, at least ten (10) days in advance, of the alleged violation to the parole conditions to prepare adequately, and to be represented by an attorney. He will confront the oral evidence against him, subject to the protection of those persons interviewed to whom anonymity was guaranteed for reasons of security, and may introduce evidence in his favor. In case the parolee has no attorney, the Board shall obtain one for him.
The decision of the Board, formulated on the basis of preponderance of evidence, shall be in writing and shall include the findings of fact, the evidence upon which the decision was based and the reasons that justify the revocation.
The Board may consolidate both hearings if the initial hearing is suspended upon a request by the parolee or due to reasons attributable to him, by request of his attorney or when the arrest and imprisonment of the parolee is not requested or carried out. In these last circumstances, the final definite revocation hearing shall be scheduled with at least thirty (30) days prior notice.
If the Board does not hold the final hearing within the term fixed by this section, the parolee shall be immediately released upon an order issued to that effect by the Chairman of the Board or by the person acting in his name. The alleged violation of parole shall be deemed not to have been committed if, after ninety (90) days from the release of the parolee, the Board does not hold the final hearing and revokes the parole.
If it appears that any person whose return to the penal institution has been ordered by the Board has violated the provisions of his parole, the period between the issuing of said order and the date of his arrest shall not be counted as part of the term to which he was sentenced.
The Board shall promulgate the rules and regulations it deems convenient for the best compliance of the provisions of this section.
History —July 22, 1974, No. 118, Part 1, p. 540, § 5; Feb. 26, 1987, No. 2, p. 7, § 2; July 6, 2000, No. 114, § 12; Oct. 31, 2001, No. 151, § 16.