P.R. Laws tit. 4, § 1615
It is hereby provided that the court that pronounced the sentence may rule the sentence of any person convicted of a felony as served, when such person is eligible to benefit from a parole release, is availing him/herself of a reentry, house arrest, or probation program, or any other similar program offered by the Department of Corrections and Rehabilitation, subject to the rehabilitation certification procedure hereinbelow.
Should the Secretary of the Department of Corrections and Rehabilitation conclude, based on the evaluations conducted, that the sentenced person who has served his/her prison term and has been released on parole, is benefiting from any reentry, house arrest, or probation program, or any other similar program offered by the Department of Corrections and Rehabilitation, and has been rehabilitated, he/she shall issue a certification and file an application on behalf of the sentenced person, with the advice of the Secretary of Justice, with the court that pronounced the sentence, for the remaining part of the punishment which deprived the person of freedom to be ruled as served.
For the [issuance] of such certification, it shall be required that the Secretary of the Department of Corrections and Rehabilitation have a psychological evaluation and recommendation stating that the convicted person is qualified to live freely in the community at large and that the other professionals who have evaluated him/her shall render a written report of their findings in detail on the condition of the rehabilitated convicted person, especially if there is no further risk that he/she shall manifest the dangerousness represented by the act for which he/she served the sentence. To be eligible for this procedure, the sentenced person shall qualify to be released on parole, or be availing him/herself of any reentry, house arrest, or probation program, or any other similar program offered by the Department of Corrections and Rehabilitation, and shall comply with the rules established in the Penal Code of the Commonwealth of Puerto Rico and with the requirements established by the Department of Corrections and Rehabilitation through regulations.
The Secretary of the Department of Corrections and Rehabilitation and the Secretary of Justice shall jointly adopt the regulations to establish the procedure to evaluate the adjustment of the inmate, and to issue and process the rehabilitation certification.
The court shall hold a hearing and be fully empowered to rule on the application, taking into consideration the evidence submitted, after the mandatory service of notice to request the opinion of the victim or his/her family prior to the holding of a hearing, and upon the due receipt of such opinion prior to making any determination, in addition to hearing any objections that may be raised by the Secretary of Justice. Said evidence shall necessarily contain the certification of the Secretary of the Department of Corrections and Rehabilitation, duly justified through an evaluation of the overall adjustment and social behavior of the inmate during his/her confinement and his/her compliance with the rehabilitation plan. If the court rules in favor of the rehabilitation certification, it shall direct the Police Superintendent not to include the conviction into the Criminal Record Certificate, but to maintain it in the history of the convict solely for recidivism purposes.
No rehabilitation certification shall be issued until the rehabilitation programs are created and implemented in compliance with the guidelines established in this chapter.
History —Sept. 16, 2004, No. 377, § 7; Dec. 16, 2009, No. 165, § 2.