P.R. Laws Ap. tit. 34A, § II, Rule 162.1
(a) The court, before pronouncing sentence in the following cases, shall have before it a report that has been submitted to it after a thorough investigation of the defendant’s family background and social history and the economic, emotional and physical effect on the victim and his/her family caused by the commission of the offense that will allow it to issue a rational sentence has been conducted.
(1) In all felonies, except in the first degree.— This presentence report shall be prepared by the Probation and Parole Program of the Corrections Administration.
It shall include the voluntary statement given by the victim as to the economic, emotional and physical effect upon him and his family caused by the commission of the crime, which will be attached to the report on the accused’s background.
In the case that the victim or his representative cannot be found, or are not willing to cooperate in the preparation of the report, the fact should be stated in it. The victim’s representative may be his spouse or a relative within the third degree of consanguinity or any other person that the court in its discretion determines as fit to represent the victim.
(2) In misdemeanors.— In misdemeanors, the court shall use the “Short Data Form” required by Rule 162.2 of this appendix as a presentence report except when special circumstances warrant broader information, in which case any additional evaluations may be requested from the Corrections Administration, if it is deemed advisable in the judgment of the court.
(b) The victim or his representative, as defined in subsection (a) of this rule, may submit a statement as to the economic, emotional and physical effect brought upon the victim and his family by the commission of the crime, before the court renders judgment in felony cases or misdemeanors in one or both of the following ways:
(1) Giving an oral statement at the hearing held by the court to pronounce judgment. In the event that there are several victims, the court may limit the number of statements consolidating them in the most adequate manner.
(2) By submitting a sworn statement to the Probation and Parole Program of the Corrections Administration which will be included in the presentence report pursuant to the provisions of subsection (a) of this rule.
Presentence reports shall be handled in the shortest possible time and if it is not available within the terms established by Rule 162 of this appendix, the court shall postpone the pronouncement of sentence in order to receive the report.
Nothing provided herein shall be understood as limiting the power of the court to amend its sentence pursuant to the provisions of these rules.
The court shall give the defendants or petitioners, their counsel or the prosecuting attorney, access to the presentence reports in order that they may be contested through the presenting of evidence.
Only that information given by the victim or by private persons to whom said guarantee was offered shall be kept confidential.
(c) If the victim so wishes, his/her residential or postal address shall be written in a separate folio in the presentence report as provided in the previous subsections. Such information shall confidential and shall be required in order for the Corrections Administration to keep the victim informed on the development of the compliance of his/her offender’s sentence and to grant him/her the right to be heard in those procedures when so provided by legislation.
History —Added on July 23, 1974, No. 172, Part 2, p. 10, § 2; June 4, 1980, No. 103, p. 334, § 1; June 19, 1987, No. 37, p. 130, § 1; Dec. 22, 1994, No. 151, § 1; Sept. 15, 2004, No. 317, § 12.