2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 29 - Domestic Abuse Prevention and Intervention Act (§§ 601 — 664) › Subchapter III - Delinquent Conduct; Penalties, and Other Measures (§§ 631 — 641) › § 637 - Special provisions

(a) Bail.— When a person is accused for violating the provisions of this chapter, or when at the time of the alleged violation the person was subject to the terms of an order of protection issued pursuant to this chapter or any other similar one, or who had previously been convicted of or had pleaded guilty for a violation of the provisions of this chapter or a violation of any other similar legal provision, prior to setting bail, in addition to the provisions of the Rules of Criminal Procedure, App. II of Title 34, the court, on imposing bail, shall take into consideration whether the person has a record of having violated an order of a court or government agency.
(b) Conditions for freedom on bail.— The court may impose on the accused conditions for bail and shall take into consideration if the person has a record of domestic violence or a record for the commission of violent acts and whether the person represents a potential threat to the victim of the crime or any other person. In addition to the conditions established in the Rules of Criminal Procedure, App. II of Title 34, the court may impose the following conditions:
(1) Avoid all direct or indirect contact with the victim of the alleged acts that constitute the crimes typified in this chapter, with the person’s family, except the children procreated by the accused and the victim, unless the court believes that it is necessary in the best interests of the children to prevent paternal or maternal-filial contact. In making the decision to regulate or forbid the accused to contact the children, the court shall take the following factors into consideration:
(A) If the accused represents a danger for the well-being of the minors.
(B) If the record of the accused shows a dangerous conduct that could be in detriment to the well-being of the minors.
(C) If in the record of the accused there is evidence of physical and emotional abuse of the minors.
(D) The opinion manifested by the minors when they have so requested it directly or through an adult or assistant professional; Provided, That the judge may hear the minors in private to protect their physical and/or emotional integrity.
(2) Avoid all contact with the persons that shelter the victim.
(3) Abandon the residence he shares with the victim of the alleged crime.
(4) Abstain from intimidating or pressuring the victim or the witnesses personally, by telephone, or any other means or through the intervention of third parties, to prevent their testifying or to have them withdraw the criminal charges filed against him/her.
(5) Comply with orders on custody, child support, paternal-filial relationships, community property, and any other related orders, issued pursuant to this chapter or any other similar one.
(c) Permits to confined persons to leave the institutions and parole.— In addition to what is established in §§ 1101 et seq. of Title 4, and any other act or regulations to such effect, the Corrections Administrator or the Parole Board, on making determinations for the granting of permits to leave the penal institutions or the public or private treatment centers, or on granting parole to confined persons convicted for a violation of the provisions of this chapter, shall take into consideration the following circumstances:
(1) If the person has a record of domestic violence, or a record of commission of other violent acts.
(2) If the person has a record of having violated orders of a court or a government agency.
(3) If the person represents a potential threat to any other person.
(4) The opinion of the injured party, or of the persons who testified in the case, and any other circumstance it deems pertinent.
(d) Executive mercy or pardon.— On considering the petition for executive mercy or pardon of a person convicted for any crime that constitutes domestic violence, the Parole Board shall notify the injured party and the persons who testified in the case, to give them the opportunity to be heard.
(e) Prior to freeing any person under the provisions of this section the court, the Parole Board, the Corrections Administration and/or the Executive shall notify the same to the victim or injured party with sufficient time so that such person can take the necessary measures to ensure his/her safety.
History —Aug. 15, 1989, No. 54, p. 199, § 3.7, eff. 90 days after Aug. 15, 1989.