reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2220 - Detention of minor

The detention of the minor shall only be carried out through a court order. The detention of a minor prior to the adjudicative hearing will not be ordered unless:
(1) It is necessary for the safety of the minor or because he represents a risk to the community;
(2) the minor refuses to, or is mentally or physically unable to state his name, that of his parents or guardian and his residential address;
(3) when there are no responsible persons willing to assume custody of the minor and guarantee his appearance at subsequent procedures;
(4) that the minor has fled or has a known record of nonappearances;
(5) that, because it has been determined that he has previously committed offenses which, if committed by an adult would constitute a felony, and probable cause has been determined in the offense he is charged with at present, it could be reasonably believed that he seriously threatens the public peace, or
(6) that upon having summoned the minor for the hearing to determine probable cause, he does not appear and probable cause is determined in his absence.
History —July 9, 1986, No. 88, p. 276, § 20, eff. 180 days after July 9, 1986.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2221 - Removal of minors from judicial procedure

After a complaint has been filed and before the adjudication of the case, the Prosecutor may request the court to refer the minor to an agency or a public or private body if the following circumstances exist:
(1) If it is a Class I offense or a first time offender in a Class II offense.
(2) An agreement is signed between the Prosecutor, the minor, his parents or guardian and the agency or body to which the minor is referred.
(3) The social report of the Family Relations Specialist is taken into consideration.
(4) There is an authorization of the court.
The agency or body to which the minor is referred in accordance with this section shall report to the Prosecutor and to the court whether the minor is complying with or has complied or not with the conditions of the agreement. In case the minor has complied with said conditions, the Prosecutor shall request the court to dismiss the complaint. In case the minor has not complied, the Prosecutor shall request a hearing to determine if the procedure should continue.
History —July 9, 1986, No. 88, p. 276, § 21, eff. 180 days after July 9, 1986.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2222 - Adjudicative hearing

Subsequent to the apprehension of the minor, the judge of the Court of First Instance shall determine whether the minor shall remain in custody of his/her parents or guardian until the hearing for the determination of probable cause for the filing of the complaint, or if he/she shall order the provisional detention of the minor, pursuant to the provisions of § 2220 of this title. When the provisional detention of the minor is ordered, the judge shall consign the grounds that justify said order in writing.
If the minor is provisionally detained or remains in custody of his parents or guardian, he shall be summoned to appear at the hearing for the determination of probable cause for the filing of the complaint. In the first instance, barring exceptional causes, the hearing shall be held within three days after the minor’s apprehension. In the second instance, the hearing shall be held within the following twenty (20) days. All standards regarding a speedy trial that exist in our jurisdiction shall be applied to the procedure.
The adjudicative hearing at which the judge shall proceed to determine whether or not the minor has incurred the offense he/she is charged with, shall be held within the sixty (60) days following the determination of probable cause if the minor is under the custody of his/her parents or a responsible person, or within twenty (20) days, if he/she is being kept in a detention center, unless the delay is due to a petition of the minor, his/her parents or guardian or there is just cause for it. In said hearing the minor shall be entitled to be represented by an attorney, to cross-examine the witnesses and to introduce evidence in his/her behalf.
The Rules of Evidence shall be applicable, and the allegations of the Prosecutor must be proven beyond a reasonable doubt.
The judge who presides [over] the adjudicative hearing must be different from the one who presided [over] the determination of probable cause.
History —July 9, 1986, No. 88, p. 276, § 22; Aug. 12, 1995, No. 183, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2223 - Resolutory hearing

Upon the conclusion of the adjudicative hearing, a resolutory hearing of the case shall be held unless the court, by request of the minor or the Prosecutor, sets the resolutory hearing for a later date. The judge must have a social report before him prior to disposing of the case of a minor found liable.
History —July 9, 1986, No. 88, p. 276, § 23, eff. 180 days after July 9, 1986.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2224 - Imposition of resolutory measures on minor guilty of offense

When the court has made the determination that the minor has incurred an offense, it may impose any of the following resolutory measures:
(a) Nominal.— Offer the minor guidance, making him aware of how censurable his conduct is, but without imposing conditions on his freedom, and of the possible consequences if he continues said conduct.
(b) Conditional.— Place the minor on probation in his parents’ home or in that of another adequate person, requiring his compliance of one or more of the following conditions:
(1) To report periodically to the Family Relations Technician and comply with the rehabilitation program prepared by him.
(2) To prohibit certain acts or companions.
(3) To order restitution to the affected party in accordance with the regulations promulgated to such effects.
(4) Order the minor to perform community service in those cases in which an offense is committed that entails the imposition of a resolutory measure of six (6) months or less, provided that there is no violation to the provisions of law that govern the work of minors in Puerto Rico.
(5) Order the minor to pay the special penalty established in § 3214 of Title 33, for the criminal conduct described in § 981d of Title 25, known as the “Crime Victims Compensation Act”. The court may excuse the minor from the payment of the special penalty in cases of any type of offense, upon compliance with the requirements for exemption of payment of the special penalty for felonies set forth in § 3214 of Title 33.
(6) Any other conditions that the court deems favorable for his protection and treatment.
(c) Custody.— Order the minor to remain under the custody of any of the following persons:
(1) The Juvenile Institutions Administrator, in those cases that the minor is imposed a term greater than six (6) months in its resolutory measure. The Administration of Juvenile Institutions, through the Evaluation and Classification Division, shall determine the placement of the minor and the services to be offered.
(2) An adequate public or private institution.
(3) The Secretary of Health in those cases in which the minor presents mental health problems.
History —July 9, 1986, No. 88, p. 276, § 24; Aug. 12, 1995, No. 183, § 5; Aug. 21, 2003, No. 196, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2225 - Criteria for imposition of resolutory measures

The judge shall impose the resolutory measures from a lesser to greater degree of severity in accordance with the magnitude of the offense charged, the degree of responsibility indicated by the circumstances surrounding it as well as the age and previous record of the minor, and taking into consideration within these parameters the needs of the minor for the most speedy and effective rehabilitation.
History —July 9, 1986, No. 88, p. 276, § 25, eff. 180 days after July 9, 1986.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2226 - Violation of the Vehicle and Traffic Act

(a) When the offense the minor is charged with constitutes a crime under the Puerto Rico Vehicle and Traffic Act, the court shall impose the measures provided by said sections.
(b) The minors who commit violations denominated administrative offenses under the Puerto Rico Vehicle and Traffic Law, shall be responsible therefore in the manner established in said sections and before the corresponding administrative body.
History —July 9, 1986, No. 88, p. 276, § 26, eff. 180 days after July 9, 1986.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2227 - Resolutory measures; duration

(a) Class I Offense.— When the court finds that the minor has incurred conduct which if incurred by an adult would constitute a misdemeanor, it shall adjudicate the commission of a Class I offense and may impose any of the following resolutory measures:
(1) Nominal;
(2) conditional for a maximum term of twelve (12) months;
(3) custody for a maximum term of six (6) months.
(b) Class II Offense.— When the court finds that a minor has incurred conduct which if incurred by an adult would constitute a felony except those included in Class III, it shall adjudicate the commission of a Class II offense and may impose any of the following resolutory measures:
(1) nominal, provided the minor has no previous record;
(2) conditional for a maximum term of three (3) years;
(3) custody of a maximum term of two (2) years.
(c) Class III Offense.— When the court finds that the minor has incurred a Class III offense, it may impose any of the following resolutory measures:
(1) Parole for a maximum term of four (4) years.
(2) Custody for a maximum term of three (3) years.
History —July 9, 1986, No. 88, p. 276, § 27; Sept. 16, 2004, No. 334, § 4, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2228 - Cessation of resolutory measure

Any resolutory measure shall cease when any of the following circumstances occur:
(a) When the maximum term provided by law has expired, unless § 2229 of this title has been applied;
(b) when the minor attains twenty-one (21) years of age;
(c) when he has been rehabilitated.
History —July 9, 1986, No. 88, p. 276, § 28, eff. 180 days after July 9, 1986.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2229 - Extension of maximum term

The court, upon petition of the person in charge of the supervision or custody of the minor, and after a hearing, in which the minor shall be represented by an attorney, has been held, may extend the duration of the resolutory measure beyond the maximum provided by law, provided that the following circumstances concur:
(1) The services or treatment plan for the minor have not been completed.
(2) The minor is benefiting from the services or treatment plan he/she is being offered.
(3) There is a fixed period to conclude the services or the treatment plan that in the discretion of the court is reasonable.
(4) The minor and his/her parents or guardians have given their consent.
The term of the extension shall never be equal to or greater than the term of custody that was originally imposed. The court shall take all possible measures, so that the extended services or treatment plan are imparted under probation, provided it is in the best interests of the minor.
History —July 9, 1986, No. 88, p. 276, § 29; Aug. 12, 1995, No. 183, § 6.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2230 - Court summary; reports of body or agency for periodic evaluation

When a minor is placed in custody of the Juvenile Institutions Administration or of any other public or private body, the judge shall remit a summary of the information he/she has in his/her power regarding the minor to the corresponding officer or person in whose custody said minor shall remain.
Periodic reports shall be rendered to the court on the condition, physical, emotional and moral progress of the minor, as well as evaluation reports of the minor and the services or treatment given to him/her. Said strictly confidential reports shall be rendered by the persons in charge of the supervision, custody or treatment of the minor no later than five (5) days prior to the date fixed for the review, as provided in § 2231 of this title.
History —July 9, 1986, No. 88, p. 276, § 30; Aug. 12, 1995, No. 183, § 7.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2231 - Periodic review of resolutory measure

The court shall pronounce itself periodically as to the maintenance, modification or cessation of the resolutory measure imposed. In the cases of Class I offenses, the review shall be made every three (3) months and in the cases of Class II and Class III offenses, the review shall be made every six (6) months. This, without impairing that a review can be made at any time the circumstances merit it, or by petition of the interested party. The person or representative in charge of the supervision, custody or treatment, as well as the minor, shall appear at the hearing for review.
In the cases in which the court has granted custody to the Juvenile Institutions Administration, the periodic revision of the resolutory measure shall not require the appearance of the minor, unless the court provides otherwise.
History —July 9, 1986, No. 88, p. 276, § 31; Aug. 12, 1995, No. 183, § 8.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2232 - Court authorization for action by agency or body

No agency or public or private body to which a minor has been referred may take any action altering the authority or the jurisdiction of the court without its specific authorization.
History —July 9, 1986, No. 88, p. 276, § 32, eff. 180 days after July 9, 1986.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2233 - Resolutions

The decisions of the court shall be denominated resolutions. In them, the court may:
(a) Dismiss the complaint for lack of evidence;
(b) impose any resolutory measure;
(c) direct that the minor be submitted to a comprehensive diagnostic evaluation by a physician, psychiatrist or psychologist or other pertinent specialist licensed to practice their profession in Puerto Rico;
(d) impose on the parents or persons in charge of the minor the obligation to contribute to the total or partial payment of the expenses incurred in the evaluation or diagnosis, treatment and rehabilitation of the minor, when it is in order. Noncompliance with the provisions of the court on this matter by the person bound to it may constitute contempt of court;
(e) Any other determination pertaining to the proceeding or case at bar.
Furthermore, the judges will be able to issue any interlocutory order, resolution or determination to the parents, guardians, relatives, and legal or natural, private or governmental persons, pertaining to the needs of the minor.
Noncompliance by a natural or legal person, obligated by an interlocutory order, resolution or determination issued under this precept shall constitute contempt.
History —July 9, 1986, No. 88, p. 276, § 33; Jan. 1, 2003, No. 7, § 1, eff. 60 days after Jan. 1, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2234 - Resolutions—Modification

The judge may modify any order or resolution regarding a minor at any time. A petition starting its grounds to modify a resolution may be filed by:
(1) The minor, his parents, his guardian or legal counsel.
(2) The head of the agency or public body in charge or having custody of the minor.
(3) The director of the institution or public or private body in charge of or having custody of the minor.
(4) Any other person supervising the minor.
History —July 9, 1986, No. 88, p. 276, § 34, eff. 180 days after July 9, 1986.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2235 - Placement in treatment, and detention and treatment centers

The Juvenile Institutions Administration and any authorized public or private body shall provide treatment and detention centers for any minor covered by the provisions of this chapter.
(a) Confinement treatment and transfer of minors in custody of the Juvenile Institutions Administration.— When custody of a minor is given to the Juvenile Institutions Administration, it shall determine the treatment program or institution in which the minor shall be placed and what type of rehabilitation treatment shall be provided for the minors. The Juvenile Institutions Administration may place the minors in any treatment program or institution under its jurisdiction.
(b) Personalized treatment.— Every minor will will be entitled to receive personalized services or treatment that responds to his specific needs and leads to his eventual rehabilitation.
(c) Detention centers.— The detention centers shall receive the minors referred by the court pursuant to the provisions of this chapter and shall offer evaluation and diagnostic services in accordance with the resolution ordering their confinement. The Juvenile Institutions Administration and the public and private bodies that provide the detention centers, are hereby empowered to advise and collaborate with the court, in order to determine the evaluation and diagnostic services that shall be provided to the minors who have been referred to it.
(d) Transfer to other public or private bodies.— When a minor is in custody of the Juvenile Institutions Administration, and with prior authorization of the court, it proceeds to relocate the minor in another agency, public or private body for his/her welfare, the physical custody of the minor shall cease, but not the responsibility the Juvenile Institutions Administration has in the sense of ensuring that the public or private body concerned complies with the provisions of this chapter. The Juvenile Institutions Administration shall execute with all the necessary agreements to make the transfer with the pertinent bodies.
In cases of emergency the transfer of minors to the pertinent agency or public or private body, shall be held, upon the previous agreement between the court and the Juvenile Institutions Administration.
(e) The Juvenile Institutions Administration shall establish a Young Offender Support Unit for youths who have been placed under its custody so that when he/she fully complies with the resolutory measure, he/she is fully apprised of his/her rights and his/her work, educational and housing options, so as to guarantee his/her full reintegration into society.
History —July 9, 1986, No. 88, p. 276, § 35; Aug. 12, 1995, No. 183, § 9; Aug. 8, 2008, No. 200, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2236 - Appeals

The final order or resolution rendered by the judge with respect to a minor pursuant to the provisions of this chapter, may be appealed before the Court of Appeals of Puerto Rico. The interlocutory orders and resolutions may be reviewed before the Court of Appeals of Puerto Rico through a writ of certiorari. The order, resolution or sentence of the Court of Appeals may be reviewed by the Supreme Court by means of a writ of certiorari. The rules adopted by the corresponding court shall govern the construction of these recourses. The filing of the appeal shall not stay the effects of any order issued by the judge with respect to the minor, unless the court decrees otherwise.
History —July 9, 1986, No. 88, p. 276, § 36; Sept. 16, 2004, No. 334, § 5, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2238 - Rules or procedures

The Supreme Court shall adopt the rules to govern the procedures in all matters covered by the provisions of this chapter. Said rules will not impair or modify substantive rights and shall govern upon compliance with the procedures established by § 6, Art. V of the Constitution of the Commonwealth of Puerto Rico, preceding Title 1.
History —July 9, 1986, No. 88, p. 276, § 38, eff. 180 days after July 9, 1986.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3001 - Short title

This chapter shall be known as the “Puerto Rico Institute of Forensic Sciences Act”.
History —July 24, 1985, No. 13, p. 689, § 1, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3002 - Definitions

For the purposes of this chapter, the following terms shall have the meaning stated hereinbelow:
(a) Institute.— The Puerto Rico Institute of Forensic Sciences.
(b) Board.— The Board of Directors of the Puerto Rico Institute of Forensic Sciences.
(c) Director.— The Director of the Puerto Rico Institute of Forensic Sciences.
(d) Forensic scientist.— Any person who has received a post-graduate academic degree specializing in the scientific analysis of evidence used in criminal investigation by the Criminal Justice System, as established by the American Academy of Forensic Sciences (AAFS).
He/she must also have at least three (3) years of practical experience in the expert analysis of such evidence in a forensic institution whose operational practices are in accordance with those established by accrediting agencies.
History —July 24, 1985, No. 13, p. 689, § 2; Dec. 29, 2009, No. 200, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3003 - Creation

The Puerto Rico Institute of Forensic Sciences is hereby created as an autonomous entity.
The scientific and technical divisions of the Institute shall be accredited and subsequently reaccredited and certified by the appropriate accrediting institutions, as established herein below:
(a) The Crime Laboratory, by the American Society of Crime Laboratory [sic].
(b) The Pathology Division, by the National Association of Medical Examiners.
(c) The Forensic Investigators and Security Division, by Forensic Quality Services.
(d) Other organizations of equal standing recognized nationally or internationally in the forensic field.
Likewise, the Institute, as an autonomous institution, shall belong to the genetic profile database system known as CODIS (the FBI Laboratory’s Combined DNA Index System).
To such effect, the Director of the Institute shall present an institutional plan to the Board of Directors and the Legislative Assembly establishing the courses of action to follow in order to obtain such accreditations or certifications. Such plan shall be presented six (6) months after the date of approval of this act.
History —July 24, 1985, No. 13, p. 689, § 3, retroactive to July 1, 1985; Dec. 29, 2009, No. 200, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3004 - Board of Directors

The Board of Directors created hereunder shall have the responsibility of establishing the administrative and operational policy of the Puerto Rico Institute of Forensic Sciences. It shall be composed of the Secretary of Justice, who shall preside; the Commissioner of Public Safety and Protection; the Chancellor of Medical Sciences; the Courts Administrator; the Secretary of Health; and three (3) additional members appointed by the Governor with the advice and consent of the Senate of Puerto Rico. However, when the Commissioner of Public Safety and Protection and the Police Superintendent are not the same person, the Superintendent shall be appointed as an additional member of the Board, given the close working relationship between the Police Department and the Institute of Forensic Sciences. The three (3) members shall be persons of renowned capability, one of whom shall be an attorney with five (5) years of experience in Criminal Law, the other shall be a physician specialized in Forensic Pathology with five (5) years of experience, and the third shall be a private citizen who shall represent the public interest. The Commissioner of Public Safety and Protection, the Chancellor of Medical Sciences, the Courts Administrator, and the Secretary of Health may designate an official of the highest ranking to represent them at the meetings of the Board of Directors. Such official must have the same decision-making authority as the Head of the Agency or Secretary who designated him/her in writing. Furthermore, such designated official shall be the same person who attends all meetings for purposes of preserving continuity in the business handled by this Board.
History —July 24, 1985, No. 13, p. 689, § 4; Aug. 12, 1994, No. 72, § 1; Dec. 29, 2009, No. 200, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3006 - Jurisdiction

The Institute shall render its services to the entire territorial area of Puerto Rico.
History —July 24, 1985, No. 13, p. 689, § 6, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3008 - Board of Directors; functions

The Puerto Rico Institute of Forensic Science’s Board shall have the following functions:
(a) Shall draw up the specific policy for the operation of the Institute of Forensic Sciences.
(b) Shall supervise and evaluate the Institute’s operations.
(c) Shall approve the annual budget request and any other type of request for funds arising from the Institute.
(d) Shall establish the minimum qualifications for the appointment of the Institute’s professional employees.
(e) Shall appoint the Director of the Institute and evaluate his/her work twice a year, in June and December.
(f) Shall confirm the Director of the Institute’s designations of section or department directors and professional personnel.
(g) Shall draw up the necessary regulations, that shall be compatible with the provisions of this chapter, to define the functions of the sections or departments and the professional technical and administrative personnel of the Institute.
(h) Shall call for whatever reports and statistical data he may feel are necessary from time to time.
(i) Shall submit an annual report on the Institute’s operations to the Governor and the Legislature.
(j) Shall hold regular monthly meetings and any special meetings he may deem are necessary for the most efficient operation of the Institute. The Board shall select the meeting place, but they shall meet at least twice a year in the Institute’s facilities.
(k) Establish through regulations the continuing education norms, criteria and requirements for all technical and scientific personnel of the Institute, taking into account the recommendations of the Institute of Forensic Sciences, and the continuing education requirements prescribed by one or more accrediting bodies recognized in the forensic field at the national or international level, to wit, the National Association of Medical Examiners (NAME), the American Society of Crime Laboratory Directors-Laboratory Accreditation Board (ASCLD-LAB), Forensic Quality Services (FQS), and/or the Substance Abuse and Mental Health Services Administration (SAMHSA).
History —July 24, 1985, No. 13, p. 689, § 8; Sept. 10, 2009, No. 94, § 2; Dec. 29, 2009, No. 200, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3009 - Director; functions

The Director shall direct the operations and functions of the Institute and shall stay in office as long as he/she retains the Board’s trust. The Director shall submit to the Board, twice a year, a statement about the Institute’s situation, including, but not limited to an account of expert reports yet to be prepared. Such statement on situation shall become part of the semiannual evaluation set forth in § 3008 of this title.
He/she may delegate any function or authority conferred to him/her unto officials or employees of the Institute, except those that, by provision of this chapter, he/she shares with, or which require the approval of the Board of Directors.
He/she shall assign administrative tasks based on criteria that will allow for the most effective use of human resources, taking the following factors into consideration, among others: rational assignment and distribution of duties; distribution of authority in accordance with responsibilities; suitable selection of personnel; the provision of resources in tune with the needs of the Institute and its sections.
History —July 24, 1985, No. 13, p. 689, § 9; Dec. 29, 2009, No. 200, § 6.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3010 - Classification and compensation

The Institute shall be an individual administrator pursuant to the provisions of §§ 1301 et seq. of Title 3.
The classification and remuneration schedules of the personnel of the Institute shall be established taking into consideration the complexity of the work, educational background and experience required for each of the positions needed for the operation of the Institute. Any official or employee transferred to the Institute shall retain the status and rights they enjoyed when transferred, under the legislation and regulations in effect, and shall also retain any retirement system or pension fund prescribed by law for officials and employees who hold similar positions in the Commonwealth government.
The classifications held by the employees transferred by virtue of Section 37 shall be reclassified in tune with the classifications adopted by the Institute. In no case may this reclassification be lower, regarding the levels of complexity, the duties and the requirements to fill the position and the compensation schedule, to those who hold the positions at the time of the transfer.
Basic salaries for the remuneration schedules of the following positions are hereby established as indicated:
(1) The minimum salary for forensic pathologists shall be sixty-five thousand dollars ($65,000).
(2) The minimum salary for anatomy pathologists shall be fifty-two thousand dollars ($52,000).
The Director of the Institute shall present a salary scale review plan to non-management employees in a term of one (1) year, after the management employees’ salary schedule has been reviewed.
History —July 24, 1985, No. 13, p. 689, § 10; Mar. 3, 1999, No. 88, § 1; Dec. 29, 2009, No. 200, § 7.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3012 - Mandatory autopsy

When death is produced under the circumstances enumerated in clauses (1)—(11), (13) and (14) of subsection (a) of § 3011 of this title, it shall be mandatory to perform an autopsy in order to determine the cause and manner of such death. In the case of § 3011(a)(14) of this title, it shall be mandatory to perform an autopsy when so ordered by the prosecutor, who shall be notified of all deaths of the kinds specified in this subsection. In all other cases listed in § 3011 of this title, an autopsy shall be performed at the discretion of the forensic pathologist responsible for the investigation whenever any doubts arise about the cause of death or the manner in which it took place, or when, for any reason, such pathologist deems it necessary for the best elucidation of the facts. In the case of both mandatory and discretionary autopsies, the Institute of Forensic Sciences shall incorporate into its database the number of the complaint, if any, assigned by the Puerto Rico Police Department, when the death of any person takes place under some of the situations specified in this chapter, as well as into its report about the results of the autopsy.
In all cases, the Director of the Institute, or any of its forensic pathologists and assistant medical examiners, shall have the authority to perform or order the performance of an autopsy.
History —July 24, 1985, No. 13, p. 689, § 12; Aug. 12, 1995, No. 192, § 2; July 26, 2006, No. 134, § 1; Dec. 29, 2009, No. 200, § 9.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3013 - Investigation of the course of death—Autopsy by request of investigating authorities

The Institute shall perform an autopsy on a cadaver whenever a prosecutor or trial judge so requests it, in any case.
History —July 24, 1985, No. 13, p. 689, § 13, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3014 - Other investigative services

With regard to crimes in which no death of a human being has been caused, the Institute of Forensic Sciences, upon petition of judges, prosecutors, defense attorneys, shall also perform all necessary laboratory investigations that are available, to provide the information they need to help clarify the matter in question. If the circumstances permit it, the Institute’s services in the area of toxicology, analysis of controlled substances; analysis of explosives accelerants, residue, distances of shots, comparison of glass, paint, soil, fibers and metals; forensic serology, criminal photography, identification of firearms, questionable documents and lie detection and forensic investigation services, shall be available.
The Institute shall perform all the scientific services that the Puerto Rico Police Laboratory renders at present, and all the services rendered by the Special Investigation Services’ Technical Services Division, as well as any other forensic science service needed in the future as an adjunct to the investigating process.
History —July 24, 1985, No. 13, p. 689, § 14, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3015 - Cases of death—Report of forensic physician

The prosecutor or trial judge performing the investigation shall make a report of the cases of deaths which appear to have occurred under any of the circumstances enumerated in § 3011 of this title to the Institute, which shall provide for the pertinent investigation.
History —July 24, 1985, No. 13, p. 689, § 15, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3016 - Cases of death—Duty of every person to report

(a) Every person having knowledge of a death occurring under any of the circumstances specified in § 3011 of this title shall immediately report the same to the Puerto Rico Police or to any judge or prosecutor, who shall proceed to advise the Institute. Any person who wilfully neglects to report a death occurring under the aforesaid circumstances shall be guilty of a misdemeanor.
(b) Any person who, without a written permit from the competent authorities, touches, moves or lifts the body of a person who died under such circumstances, or touches or moves the clothes or objects close to the body, shall be guilty of a misdemeanor. Such prohibitions exclude physicians authorized by the Institute, hospitals, clinics, health centers, and any other institutions which render medical-hospital services, whether they be public or private, whenever death occurs in situations where the circumstances of violence or crime included in clauses (1) and (2) of subsection (a) of § 3011 of this title are not present. In such cases, the cadavers shall be transported and preserved in the morgues of the institutions involved, until a prosecutor, trial judge or official of the Institute with authority to do so, authorizes the removal of the body. Likewise, the clothes and objects of the deceased, together with objects found close to the corpse, shall be gathered and preserved intact to be placed at the disposal of the prosecutor, trial judge and/or officials of the Institute charged with investigating the case at a later date.
History —July 24, 1985, No. 13, p. 689, § 16, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3017 - Cases of death—On site investigation by the Institute

In every case in which the Institute is advised of a death occurring under clauses (1) through (7), (10) and (17), of subsection (a) of § 3011 of this title, or when requested by a prosecutor or trial judge, a forensic investigator shall be sent to the site of the death to carry out the pertinent investigations. A forensic pathologist and/or a toxicologist, and/or any other technical personnel required will be sent to the site of the demise, if necessary, in order to help elucidate the circumstances and manner of death.
History —July 24, 1985, No. 13, p. 689, § 17, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3018 - Cases of death—Notes on the preliminary investigation

In any case that is investigated by the personnel of the Institute at the site of the death, said personnel shall make notes at the site of all the circumstances deemed significant, such as the position and location of the corpse, blood stains, signs, objects, clothes, fibers, signs of violence, as well as the manner and cause of death. General and specific photographs shall be taken, and such studies for identification and of any other nature that may be performed on the scene shall be carried out. A preliminary report shall be rendered immediately to the trial judge or prosecutor.
History —July 24, 1985, No. 13, p. 689, § 18, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3019 - Cases of death—Removal of the corpse

In every case, the removal of the corpse shall be authorized by the prosecutor or coroner investigating the case. Such order shall specify whether the corpse should be taken to any of the facilities of the Institute throughout the Island with the purpose of performing the autopsy or conducting subsequent investigations, or whether the corpse may be returned to family members.
The forensic pathologists and investigators of the Institute investigating a death at the site where it occurred shall have the same authority, whenever they have determined with reasonable certainty that the death was not caused by any violent or criminal act covered under clauses (1) and (2) of subsection (a) of § 3011 of this title.
In the event that forensic investigators do not arrive at the crime scene, and violent and criminal acts covered under clauses (1) and (2) of subsection (a) of § 3011 of this title are not involved, the investigator of the Puerto Rico Police Department shall prepare a report on the circumstances of the death and the evidence gathered at the crime scene. Said report shall be delivered to the Institute along with the corpse, and it shall be an essential requirement to admit such corpse to the Institute and carry out the pertinent forensic analysis.
In cases of death by fire, a preliminary report shall be provided in which the circumstances of death and the evidence gathered at the scene are described. This preliminary report shall also be delivered to the Institute along with the corpse and shall be a requirement for admission.
In cases of death occurred in any of the correctional institutions of the Government of Puerto Rico, the corrections administrations’ official in charge of such institution, or in the absence thereof, the highest-ranking corrections officer, shall be responsible for drafting the report in which the circumstances of death and the evidence gathered are described, along with the names and statements of the persons who found the body. Likewise, said report shall be a requirement for admission of the corpse to the Institute.
History —July 24, 1985, No. 13, p. 689, § 19, retroactive to July 1, 1985; Dec. 29, 2009, No. 200, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3020 - Cases of death—Autopsy results

In every case in which an autopsy is performed, the results thereof shall be brought before the trial judge or prosecutor as soon as possible, in addition to any other information that could help them elucidate the facts. The same information shall be provided to the defense attorneys and the next of kin of the deceased.
History —July 24, 1985, No. 13, p. 689, § 20, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3021 - Sworn statements

Forensic scientists in Puerto Rico, as well as forensic pathologists, assistant forensic pathologists, assistant medical examiners, and forensic investigators of the Institute, are hereby authorized to:
(a) Take sworn statements in all cases investigated by them.
(b) Keep and bear firearms.
Likewise, firearms examiners, forensic chemists, forensic serologists, coordinators and technicians of the controlled substance program, biological, documentary, and/or digital evidence control officials and technicians, and any other personnel in charge of security at the Institute are also authorized to keep and bear firearms.
History —July 24, 1985, No. 13, p. 689, § 21; Dec. 29, 2009, No. 200, § 11.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3022 - Rules and procedures

The Director of the Institute shall propose any rules and regulations needed for the operation of the Institute and the implementation of this chapter to the Board of Directors.
History —July 24, 1985, No. 13, p. 689, § 22, retroactive to July 1, 1985.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3023 - Filing of cases; conservation, inspection

The Institute shall maintain files of all the cases it investigates as well as of those investigated by the Forensic Pathologists and Coroners, Auxiliary Coroners or the technical personnel of all the districts. Each case shall be filed under the name of the victim, if known, the number of the complaint, if any, of the Puerto Rico Police for the particular incident, the place where the corpse was found and the date of death. In those cases where there has been no death, the case shall be filed under the name of the person charged and under the number of the complaint, if any, of the Puerto Rico Police for the particular incident. An index shall be kept to permit the prompt location of any case at any time. The record of each case of death shall include the original coroner’s report and the protocol of the autopsy or a copy thereof, if it has been performed, and the number of the complaint, if any, of the Puerto Rico Police, about the particular incident. In other cases, the analyses that were performed or copies thereof and the number of the complaint, if any, of the Puerto Rico Police about the particular incident shall be included. The files shall be kept at the Institute, duly protected and safeguarded against theft, fire and their inspection by unauthorized persons.
The inspection of the Institute’s files by attorneys, physicians, and other experts of the parties in any criminal or civil procedure related to cases investigated by the Institute, as well as interviews by the above mentioned persons with the Institute’s professional personnel who intervened in said case, shall be regulated by the Director of the Institute, with due protection of the fundamental rights of the parties, and guaranteeing due process of law.
History —July 24, 1985, No. 13, p. 689, § 23; July 26, 2006, No. 134, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3024 - Custody of personal belongings of the deceased

The clothing, money, jewelry, or any other personal object of the deceased found on the body, in those cases that autopsies are to be performed, shall be taken into custody, kept and duly identified by the Forensic Scientist for whatever time is necessary for the purpose of his investigation. The objects not needed by the Forensic Scientist for the investigation or by the prosecutor for the discharge of his duties shall be delivered to the next of kin of the deceased by the Institute.
Likewise, any object which was originally retained by the Institute or by the prosecutor, which is not needed later for their purposes, shall be delivered to the family of the deceased as soon as possible.
History —July 24, 1985, No. 13, p. 689, § 24, retroactive to July 1, 1985.