P.R. Laws Ap. tit. 34A, § II, Rule 247.1
Once the defendant has pleaded guilty, whenever the Secretary of Justice or the prosecuting attorney requests it, and produce evidence that the defendant has signed an agreement to undergo treatment and rehabilitation in a program of the Commonwealth of Puerto Rico, or in a private program supervised and licensed by an agency of the Commonwealth of Puerto Rico, as well as a copy of the agreement, the court, without returning a verdict of guilty, may stay all procedures and place said person on probation under such reasonable terms and conditions as it may require and for the term provided in the agreement for the rehabilitation of the defendant which shall not exceed five (5) years. The court shall admonish the defendant that should he/she abandon the treatment and rehabilitation program, he/she shall be sanctioned pursuant to the provisions of § 4428 of Title 33.
The consent of the defendant to have the hearing to determine probable cause held jointly with the initial summary hearing provided by §§ 1026 et seq. of this title upon commission of a felony, shall be part of the terms of the agreement. The determination of probable cause of the commission of a new crime will be sufficient cause to provisionally revoke the benefits of probation at that time.
In case of noncompliance of any of the conditions of probation, the court may revoke probation and proceed to pronounce judgment pursuant to the provisions of §§ 1026-1029 of this title.
If during the probation period the person does not violate any of its conditions, the court, at its discretion, may exonerate the person and dismiss the charges against him. The dismissal and filing of the complaint under this rule shall be implemented without a finding of guilt by the court, confidentially, and not accessible to the public, and apart from other records, for the exclusive use of the courts to determine whether in subsequent procedures the person qualifies under this rule.
The dismissal and filing of the complaint shall not be deemed as a conviction with regard to the disqualification or legal impediments imposed by law on convicts for the commission of a crime, and the person so acquitted shall be entitled to have the Superintendent of Police return any fingerprints or photographic records held by the Puerto Rico Police, taken in connection with the dismissed case.
The dismissal and filing under this rule may be granted only once to any person.
Acceptance by a defendant of the dismissal of an action on the grounds set forth in this rule shall constitute a waiver to the dismissal of the action on the grounds stated in subsections (e), (f), (m) and (n) of Rule 64.
History —Added on Feb. 10, 1976, No. 3, p. 10, § 1; June 1, 1984, No. 45, p. 120; July 1, 1988, No. 53, p. 254, § 3; July 13, 1988, No. 88, p. 254, § 3; Jan. 17, 1995, No. 7, § 3.