2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART V - Correction and Parole (§§ 1101 — 1646) › Chapter 82 - Office of Pretrial Services (§§ 1301 — 1312) › § 1304 - Functions and duties

The Office shall have the following functions and duties:
(a) Compile and verify information on the socio-economic, and educational background, employment, residence, ties with the community, and any other information, including addiction or dependency on alcohol or controlled substances, that shall serve as a guide for the court to determine the means to release any person arrested who is charged with a crime on parole.
(b) Make recommendations to the courts in the determination of the terms and conditions of the conditional release.
(c) Submit written reports to the courts on the investigation performed in each case, including the findings and recommendations that may be useful or needed to discern:
(1) The need to impose bail to guarantee the appearance of the [accused], at all the judicial procedures of his/her case, or
(2) the proper conditions that may be imposed in addition to or instead of bail, in order to avoid the risk of failure to appear, the commission of new crimes or any other interference, with the order by administration of justice and social peace.
(d) When formulating the recommendations for the court on the conditions that shall be imposed [upon] an [accused], the following factors shall be taken into consideration as minimum:
(1) Family ties and community relations.
(2) Employment history.
(3) Financial resources.
(4) Record of prior convictions.
(5) Record of appearances in court on previous occasions, flight to avoid being prosecuted and failures to appear in court.
(6) Circumstances of the arrest.
(7) Any other pertinent information.
(e) Supervise the compliance with the conditions under which the parole pending criminal sentencing was imposed to those persons under its jurisdiction, and without delay inform the courts and any other pertinent official of any failure to comply with said conditions.
(f) Arrest any person under its supervision who fails to comply with any of the conditions under which the parole pending criminal sentencing was imposed upon him/her; in which case, the person arrested shall be taken before a magistrate, who shall make the corresponding determinations, as provided in the Rules of Criminal Procedure, App. II of Title 34.
(g) Collaborate with the courts and all the agencies related to the administration of justice to develop programs that eliminate unnecessary summary imprisonment and protect the public against the violation of the conditions.
(h) Request the assistance of any agent or agency of the federal, state or municipal public law, in order to fulfill the provisions of this chapter.
(i) Assign at least one collection officer per judicial region, who shall carry out all money collection transactions in accordance with the highest standards of sound government administration. Any payment received by the collection officer shall be made by means of a manager’s check, postal money order, debit card, any approved credit card, or any authorized electronic banking transaction. Said collection officer shall report directly to the director of the budget and finance area of OSAJ, who shall, in turn, report directly to the Executive Director or his/her authorized representative.
(j) Collect from any defendant, subject to the condition of remaining under the supervision of OSAJ through the use of an approved electronic monitoring device, a portion of the monthly administrative expenses incurred to cover the expenses related to the rent and monitoring of the electronic device.
The funds collected on account of the charges established in the preceding subsection shall be covered into a special fund created by the Department of the Treasury in favor of OSAJ. These funds shall be used to cover expenses related to the rent and monitoring of the electronic monitoring device, the acquisition of new electronic monitoring technology, and for any other expenses related to the improvement of the operations of OSAJ.
(k) In those cases in which there is a finding of not guilty, OSAJ shall be required to reimburse the total sum of money paid by the defendant for the period during which he/she received services from the agency.
(l) Collect the fines imposed by the court to all supervised persons, thus refunding said money to the court free of charge.
History —Aug. 12, 1995, No. 177, § 4; Aug. 4, 1997, No. 58, § 3; June 3, 2004, No. 133, § 2; Dec. 27, 2011, No. 282, § 1, eff 90 days after Dec. 27, 2011.