2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4025 - Provisions on bail, parole, permits for prisoners to leave institutions, and others

(a) Bail. — When a person is accused for violating the provisions of §§ 4013—4026 of this title, or when at the time of the alleged violation, was subject to the terms of a restraining order issued pursuant to §§ 4013—4026 of this title, or any other similar act, or has previously been convicted of, or has pleaded guilty for violating the provisions of §§ 4013—4026 of this title, or of violating other similar legal provisions, prior to the imposition of a fine, in addition to what is provided by Rule 218 of the 1963 Rules of Criminal Procedure of Puerto Rico, as amended, the court shall consider whether the person has a history of having violated the orders of a court or of a government agency.
(b) Conditions for release on bail. — The court may impose conditions on bail on the accused, and shall take into consideration whether the person has a history of domestic violence or a history of violent acts, and whether the person poses a potential threat for the victim of the crime, or any other person. In addition to what is provided in Rule 218 of the 1963 Rules of Criminal Procedure of Puerto Rico, as amended, the court may impose the following conditions:
(1) Avoid all direct or indirect contact with the victim of the alleged acts that constitute stalking and/or his/her family members.
(2) Avoid all contact with the persons who shelter the victim.
(3) Abstain from intimidating or pressuring the victim or the witnesses, personally or by telephone, or in any other way, through the intervention of third parties, so that they do not testify, or for them to withdraw the criminal charges filed against him/her.
(c) Permits for prisoners to leave the institutions, and on parole. — In addition to what is established in §§ 1101 et seq. of Title 4, and in any other law or regulations to such effect, the Correctional Administrator or the Parole Board shall take into consideration the following circumstances when making a decision on the granting of permits to leave penal institutions or public or private treatment centers, or granting freedom on parole to prisoners convicted for violating the provisions of §§ 4013—4026 of this title:
(1) If the person has a record of domestic violence, or a record of having committed other acts of violence.
(2) If the person has a record of having violated the orders of a court or a government agency.
(3) If the person poses a potential threat to any other person.
(4) The opinion of the injured person or the persons that testified in the case and any other circumstance he/she deems pertinent.
(d) Executive clemency or pardon. — Upon considering the petition of executive clemency or pardon of a person convicted of the crime of stalking, the Parole Board shall notify the injured party and the persons that gave testimony in order to provide them the opportunity to be heard.
(e) Before any person can be released under the provisions of §§ 4013—4026 of this title, the court, the Parole Board, the Correctional Administration and/or the Executive, shall notify the victim or the injured party sufficiently in advance, so that he/she can take the necessary measures to guarantee his/her safety.
History —Aug. 21, 1999, No. 284, § 15, eff. 90 days after Aug. 21, 1999.