P.R. Laws Ap. tit. 34A, § 1–A, Rule 2.9
(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.