P.R. Laws Ap. tit. 34A, § 1–A, Rule 8.13
(a) Whenever, in the technical judgment of the Family Relations Technician or Specialist in charge of supervising a minor, said minor has violated any of the conditions for parole, or when reasons existed to believe that the minor’s behavior is incompatible with due community security, the Prosecutor shall be notifed thereby, and the latter shall initiate proceedings for revocation of parole.
(b) The Prosecutor shall file a grounded petition for the revocation of parole before the corresponding judge.
(c) Ex parte initial interview.— Upon receiving the petition, the judge shall hold an ex parte inital interview to determine if there is probable cause to believe that the minor has been guilty of conduct that merits the revoking of the conditional measure. On concluding the interview, the judge shall issue an order for summons or detention, as he may determine.
The determination of the judge regarding apprehension or summoning during this phase shall be based, among other considerations, upon the interview with the Family Relations Specialist or Technician and the examination of the report, the seriousness of the allegedly unfulfilled conditions, the record, the behavior during parole and other pertinent circumstances. The apprehension order or summons issued during this phase shall include a relation of proceedings, a description, clear and concise, of the alleged violations to the parole conditions and the date of the initial summary hearing or of the hearing in the merits for revocation of the parole as the case may be.
If the apprehension of the minor is ordered, the minor shall be taken before the corresponding judge for an initial summary hearing within no more than seventy two (72) hours from the moment of the apprehension.
At the conclusion of the hearing the judge shall enter an order for summons or apprehension, as the case may be.
(d) Initial summary hearing.— The court shall hold an initial summary hearing in order to determine whether provisional revocation and apprehension of the minor until the hearings on the merits does lie. The minor shall be entitled to legal counsel, to be heard and to introduce evidence on his behalf. The minor shall also confront the Family Relations Specialist or Technician and any adverse witnesses available during this phase. The burden of proof shall be on the Prosecutor.
There will be an informal hearing where Rules of Evidence, App. IV of Title 32, shall apply flexibly thereto in order to retain the nature of and not to jeopardize the procedure. If the judge with whom the petition was filed deems that there is probable cause, the order of revocation of parole shall be entered and a notice of apprehension shall be served on the minor.
The court shall prepare a written succinct relation of the proceedings and the decision, with notice served on the minor parolee and the Prosecutor.
(e) Final hearing.— The court shall hold a final hearing on revocation of parole. It shall be held within thirty (30) days following the date of the initial summary hearing, except for just cause.
(1) The minor shall be notified in writing and with sufficient time of the alleged violations to probation so that he may prepare himself adequately. Subject to the provisions of Rule 10.2(b) of this appendix may confront the oral evidence against him and present evidence in his behalf.
(2) The burden of proof rests on the Prosecutor. The decision of the court, based on the preponderance of evidence, shall be given in writing and shall specify the findings of facts, the evidence that supports them, and the grounds of his resolution.
(3) The court may consolidate the initial and final hearings when the initial hearing is continued upon motion of or for reasons attributed to the minor parolee or of his attorney, or when the Prosecutor does not request or obtain the apprehension thereof. In this last case the final hearing for revocation shall be notified with not less than thirty (30) days prior to its scheduled date.
(4) The initial summary and final hearings shall be held before different judges. The final hearing may be held before the same judge who granted the parole.
(f) When the court orders the revocation of parole, it shall order the custody measure corresponding to the offense perpetrated, as provided by § 2227 of this title. The term of the parole shall not be taken into consideration.
History —June 19, 1987, No. 33, p. 105, § 1.