P.R. Laws Ap. tit. 34A, § II, Rule 162.2

2019-02-21 00:00:00+00
Rule 162.2. SHORT DATA FORM, RULES AND PROCEDURE

(a) At every court Part there shall be available a “Short Data Form” in which to record information regarding, among other, the following criteria directed at allowing the magistrate to make a rational judgment upon pronouncing sentence:

(1) Employment and sources of income

(2) Place of residence and time therein

(3) Community relations and family ties

(4) Personal references

(5) Mental and physical state of health

(6) Previous criminal record

(7) The economic, emotional and physical effect upon the victim and his family caused by the commission of the crime

(8) Any other fact that may affect the final determination of the sentence.

(b) The following rules and procedures regarding the Short Data Form mentioned in Rule 162.1 shall be applied:

(1) The data to be recorded in the form shall be furnished voluntarily.

(2) Refusal to furnish data, nevertheless, shall only constitute one factor which the magistrate shall consider, among others, to determine the sentence to be imposed.

(3) The magistrate shall not take the data in the form into account until the time immediately preceding such sentence.

(4) When considering the data in the form, the magistrate shall read its contents to the accused to make sure that the data given by him is the same appearing in the form.

(5) In every case that it is required by these rules for the magistrate to record his reasons in the form when making his determination on the sentence, a copy of the form shall be attached to the record of the case.

(6) If the court finds, after the data in the form is verified by personnel appointed therefor, that all or any part thereof is false, motu proprio or at the request of the prosecuting attorney’s office, it may vary the conditions of the sentence.

(7) The Short Data Form must be executed by the court once it has determined probable cause.

History —Added July 23, 1974, No. 239, Part 2, p. 225, § 1; June 19, 1987, No. 37, p. 130, § 2, eff. 60 days after June 19, 1987.