P.R. Laws Ap. tit. 34A, § II, Rule 6.1
The freedom of the persons arrested for an offense shall not be unnecessarily restricted before they are convicted.
(a) In misdemeanor cases.— In every misdemeanor where there is no right to trial by jury nor are crimes of a violent nature, it shall not be necessary to post bail or impose conditions or a determination of a deferred bail in order to remain free provisionally until judgment is pronounced. Any offenses committed that involve the use, the attempt to use, or threat to use physical force against a person or property shall be deemed to be of a violent nature. In the case of exempted misdemeanors the magistrate shall impose bail only if the prosecution so requests, taking into consideration the criteria established in Rule 218(b) of this appendix. In any case in which the magistrate, motu proprio or upon petition of the prosecution, determines that circumstances of public order or interest are present, conditions pursuant to Rule 218(c) of this appendix may be imposed.
The prosecution shall request the posting of a bond or the imposition of conditions pursuant to Rule 218 of this appendix in every case in which the person arrested has been convicted previously for a felony or for three (3) misdemeanors or is a nonresident of Puerto Rico.
(b) In felonies or misdemeanors where there is the right to trial by jury. In every case of felony or misdemeanor where there is the right to trial by jury, the magistrate shall order the release of the defendant awaiting sentencing upon the execution of a bail bond. The magistrate may order the release of a defendant on personal recognizance, in custody of a third party, on deferred bail, or on a condition or combination of conditions, as deemed pertinent by the magistrate, when the case so warrants. The court may impose, modus proprio or at the request of the Prosecuting Attorney, certain conditions pursuant to Rule 218(c). However, in the case of those persons charged with any of the following felonies, as classified in the Puerto Rico Penal Code and other special laws, to wit: murder, kidnapping; aggravated kidnapping; child abduction; aggravated robbery; aggravated arson; use of a minor for child pornography; intentional poisoning of waters for public use; sexual assault; intentional child abuse, as provided in § 4506 of Title 8, supra, or a similar successor law; § 2401 of Title 24, specifically when the transaction involves half a kilogram (1.1 pounds) or more of cocaine or heroin, or one kilogram (2.2 pounds) or more of marihuana, and § 2405 on Distribution to Persons Under the Age of Eighteen (18); § 2408 on Ongoing Criminal Venture; and §§ 4111a et seq. of Title 24 on the Introduction of Drugs in Schools and Institutions; the following Sections of the Weapons Act: § 456m on Assault Weapons, § 458 on Manufacturing, Import, Sale, and Distribution of Weapons, § 458b on Automatic Firearms Trade, § 458f on Illegal Possession or Use of Automatic Weapons or Shotguns, § 458g on Possession or Sale of Silencing Devices, § 458h on Facilitation to third parties, and § 458i et seq. of Title 25 on the Effacement or Mutilation of the Serial Number or the Name of the Owner of a Firearm; violations of the provisions of §§ 601 et seq. of Title 8, known as the “Domestic Abuse Prevention and Intervention Act”, involving serious bodily harm, and those felonies involving the use of any type of weapon, as these are defined in §§ 455 et seq. of Title 25, known as the “Puerto Rico Weapons Act”, the court, besides setting the corresponding bail, shall, impose the condition that the person charged be subject to electronic monitoring and to those other conditions listed under Rule 218(c) of these rules, pursuant to the procedure established therein.
In the event that a defendant is charged with any of the offenses listed above, the court shall have the evaluation and recommendation report of the Office of Pretrial Services, except that it shall not authorize a deferred bail. In the event of a finding of probable cause for the arrest of a defendant in absentia, the bail set by the magistrate may only be modified through a motion under Rule 218.
(c) At any time that the circumstances warrant it, the magistrate or the court may require the posting of bail, revoke or modify a determination of freedom under his/her own recognizance, or in custody of a third party, revoke or modify the granting of freedom under deferred bail, or impose conditions, as well as revoking or modifying conditions that were previously imposed, pursuant to Rule 218(c) of this appendix before the conviction of any person who is free, whether he/she has posted bail or not.
(d) If the person who has been set free without posting bail should not appear and he is detained outside of Puerto Rico, it shall be deemed that he has waived his challenge of extradition.
(e) Posting bail shall not be admitted, nor a determination of freedom under his/her own recognizance, freedom in custody of a third party nor deferred bail shall be made, with regard to persons who have been charged with a crime who are outside of Puerto Rico’s jurisdiction. Neither shall conditions be imposed nor shall bail be admitted, nor shall a determination of freedom under his/her own recognizance, in custody of a third party, nor deferred bail be admitted, with regard to a person who has been charged but has not been arrested, nor has appeared before a magistrate, to be informed of the crime or crime he/she has been charged with or accused of pursuant to the procedure established in Rule 22 of this appendix.
(f) In every case the magistrate shall require the evaluation, report and recommendations of the Office of Pretrial Services concerning every person charged with an offense before making a determination as to bail, deferred bail, being released on his/her own personal recognizance or being released under the custody of a third party.
In all cases in which there is an accusation of having committed any of the crimes listed above, the court shall have the evaluation and recommendation report of the Office of Pretrial Services, except that it shall not authorize deferred bail. In the event that probable cause for arrest is found in the absence of the accused, the bail set by the magistrate may only be modified through a motion under Rule 218.
History —Added on Feb. 8, 1966; June 22, 1966, No. 100, p. 322, § 1; Mar. 30, 1984, No. 5, p. 16; June 5, 1986, No. 39, p. 103, § 1; July 20, 1989, No. 30, p. 103; Dec. 6, 1993, No. 105, § 1; Aug. 13, 1994, No. 82, § 1; Dec. 1, 1995, No. 230, § 1; Dec. 24, 1995, No. 245, § 1; Mar. 13, 2003, No. 85, § 1; June 3, 2004, No. 133, § 5; June 3, 2004, No. 134, § 1; Sept. 15, 2004, No. 317, § 1; Dec. 22, 2009, No. 190, § 1; Dec. 27, 2011, No. 281, § 2.