P.R. Laws Ap. tit. 34A, § II, Rule 241
Whenever a defendant is acquitted, or no probable cause is found at the preliminary hearing, or it is determined that the defendant is permanently incompetent to stand trial or cannot be prosecuted by reason of his/her mental incompetence, the court shall keep jurisdiction over said person and may order him/her to be admitted to an adequate institution for treatment if, in its discretion, it determines that said person poses a serious threat to society, according to the evidence presented, and that the person shall benefit from said treatment.
In the event institutionalization is ordered, the duration thereof shall be contingent on the required time to guarantee the security of the society and the welfare of the person institutionalized. In all cases, the persons in charge of the treatment shall be required to report on a quarterly basis the progress of the case to the court.
(a) Psychiatric or psychological examination.— Upon request by the prosecutor, or on its own initiative, the court shall designate a psychiatrist or psychologist, or both, to examine the person and submit a report on his mental state. The examination shall have the sole purpose of assisting the court in the determination regarding the commitment of the person. The examination shall be carried out, and a report shall be submitted to the court, with a copy to the prosecutor and the defense, within thirty (30) days following the ruling or sentence. The court may extend the term for just cause, but never for a period greater than ten (10) additional days.
In addition to the psychiatric and/or psychological report, the pertinent social report prepared by a probation officer must also be submitted.
(b) Temporary custody.— While the procedure provided by this rule is substantiated, the court may direct that the person be placed in the custody of an adequate institution.
(c) Hearing.— Once the parties to the report have been served, if no objections are presented thereto within a term of five (5) days from its notice, the court shall proceed to arrive at a determination based on said reports. If objections are presented within such term, the court shall schedule a hearing within the next five (5) days. The authors of any of the reports shall be called to testify upon petition of a party. The party objecting to the report shall have the right to cross-examine the authors of the reports and to offer any other evidence that is pertinent to the controversy.
The person may request to be examined by professionals of his choice, so that they, in turn, can submit their report to the court. If the accused proves he is insolvent the examinations shall be paid by the State.
The Rules of Evidence shall be applicable to this procedure, and the person shall have the right to be represented by counsel.
(d) Application of the security measures.— If the court determines according to the evidence introduced that the person is a risk to society because of his/her dangerous nature or that the person shall benefit from said treatment, it shall pronounce a sentence imposing the security measures and directing that the person be confined for treatment at a suitable institution.
Said confinement may be prolonged for the time actually required to insure the safety of society and the welfare of the confined person, subject to the provisions of § 4719 of Title 33.
In these cases it shall be the duty of the persons in charge of the treatment to submit quarterly reports to the court on the development of the case.
If the court determines not to impose security measures, it shall direct that the person be released, if he is confined.
(e) Periodic revision.— Each year, the court shall rule, after a hearing on its merits, as to the continuation, modification or termination of the security measure imposed, without prejudice to do so at any time in which the circumstances warrant it, or by petition of the person under whose custody he has been committed.
If the court can reasonably infer from the favorable results of the treatment that the person’s recovery and readaptation can continue under supervision in the community without his being confined, it may grant it.
(f) Reports.— For purposes of the periodic revision of the security measure, the court shall have a report of a psychiatrist or a psychologist, or both. These reports shall be governed by the rules of subsection (c) of this rule.
(g) Notice of the continuation, modification or termination of the security measure.— Any ruling of the court with regard to the security measure imposed shall be served to the concerned parties and institutions.
(h) Official record.— An official record shall be kept of all the proceedings established herein for the application, continuation, modification or termination of the security measure.
(i) The proceeding provided in this Rule shall apply equally to the preliminary hearing established under Rule 23 of Criminal Procedure, when the finding of no cause is due to mental incompetence, or when the defendant is held mentally incompetent to stand trial and the Prosecuting Attorney determines not to appeal, or if appealed, the finding of no cause is upheld for the same grounds.
History —Added on July 5, 1985, No. 61, p. 215; Sept. 15, 2004, No. 317, § 18; Dec. 27, 2011, No. 281, § 8.