2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 218 - BAIL AND CONDITIONS, WHEN REQUIRED; CRITERIA FOR SETTING; REVIEW OF AMOUNT OR CONDITIONS; IN GENERAL

(a) Right to bail; who shall set it; imposing of conditions.— Every person arrested for any offense shall be entitled to be released on bail or on a condition or combination of conditions imposed pursuant to subsection (c) of this rule until convicted. For the purpose of determining the amount of the corresponding bail and the imposition of the conditions deemed suitable and convenient, the court shall take into account the evaluation report and the recommendations of the Office of Pretrial Services pursuant to the provisions of §§ 1301 et seq. of Title 4. In the case of persons charged with any of the following felonies, as classified in the Puerto Rico Penal Code and other special laws, to wit: murder, aggravated robbery; aggravated arson; use of a minor for child pornography; intentional poisoning of waters for public use; sexual assault; kidnapping; aggravated kidnapping; child abduction; intentional child abuse, as provided for in Section 75 of Act No. 177, supra; § 2401, specifically when the transaction involves half a kilogram (1.1 pounds) or more of cocaine or heroin, or one kilogram (2.2 pounds) or more of marihuana, and § 2405 on Distribution to Persons Under the Age of Eighteen (18); § 2408 on Ongoing Criminal Venture; and § 2411a on the Introduction of Drugs in Schools and Institutions, all of Title 24; the following sections of the Weapons Act: § 456m on Assault Weapons, § 458 on Manufacturing, Import, Sale, and Distribution of Weapons, § 458b on Automatic Firearms Trade, § 458f on Illegal Possession or Use of Automatic Weapons or Shotguns, § 458g on Possession or Sale of Silencing Devices, § 458h on Facilitation to Third Parties, and § 458i on the Effacement or Mutilation of the Serial Number or the Name of the Owner of a Firearm, all of Title 25; violations of the provisions of §§ 601 et seq. of Title 8, known as the “Domestic Abuse Prevention and Intervention Act”, involving serious bodily harm, and those felonies involving the use of any type of weapon, as these are defined in §§ 455 et seq. of Title 25, known as the “Puerto Rico Weapons Act”, and the circumstances listed in subsection (c) of this rule, pursuant to the procedure established therein, the court, in addition to setting the corresponding bail, shall impose the condition that the person charged be subject to electronic monitoring, and such other conditions provided in subsection (c) of this rule, as well as order his/her release on personal recognizance, in the custody of a third party, and on deferred bail. When bail is required in these cases, such bail may be admitted by any magistrate, except when probable cause for the arrest of the defendant is shown in absentia, in which case, the bail set by the magistrate may only be modified through a motion under Rule 218.
In the event that a defendant is charged with any of the offenses listed above, the court shall have the evaluation and recommendation report of the Office of Pretrial Services, except that it shall not authorize a deferred bail.
In the event of a finding of probable cause for the arrest of a defendant in absentia, the bail set by the magistrate may only be modified through a motion under Rule 218. Any defendant who posts his/her bail in cash shall have five (5) business days from the time he/she was released on bail to submit a certification of the Department of the Treasury establishing that the surety is a bona fide taxpayer and has reported income that warrants the bail he/she intends to post. Should the proper certification not be submitted during the corresponding term, for causes attributable to the surety, the bail posted shall be returned, and the court shall verify whether the defendant has any other way of posting bond other than those prescribed in these Rules. Should the certification not be submitted within the term provided, for causes attributable to the Department of the Treasury, the term shall be extended until the Department of the Treasury submits the same. This additional term shall never exceed ten (10) days.
In those cases where the surety is unable to submit a bona fide taxpayer certification, but is able to prove that he/she has the money to post the bail, a hearing shall be held in which the defendant shall have the right to legal counsel and be heard regarding any other means he/she has to post the bail set.
(b) Setting the amount of bail.— In no case shall excessive bail be demanded. In setting the amount of the bail the circumstances related to the suitable guarantee for appearance of the person charged with the offense shall be considered, including:
(1) Nature and circumstances of the offense charged.
(2) Links of the accused with the community, among them his time of residence, his employment record and his family relations.
(3) The character, dangerousness and mental condition of the person charged of an offense. To such effects, the court may avail itself of the record of prior convictions or of any other information deemed creditable and that is pertinent to the matter.
(4) Economic means of the accused.
(5) Record of the accused on previous appearances and compliance with judicial orders.
(6) The evaluation, reports and recommendations made by the Office of Pretrial Services.
(c) Imposition of conditions.— Subject to the provisions of subsections (a), (b) and (c) Rule 6.1 of this appendix, one or more of the following conditions may be imposed:
(1) To remain under the responsibility of another person of acknowledged good repute in the community, or under the supervision of a probation officer or other official designated by the court. The court shall determine the degree and manner that the supervision shall be performed and the person acting as custodian shall be obliged to supervise him, produce him in court and report any violation of the conditions imposed.
(2) Not to commit any offense during the period he is free on bail or associate with persons who plan, intend to commit or commit delinquent acts.
(3) To keep his job, or if unemployed, to make efforts to obtain one.
(4) To meet specific requirements regarding his place of residence or going on trips.
(5) To avoid all contact with the alleged victim of the crime or with potential witnesses.
(6) Not to possess firearms or other deadly weapons.
(7) Not to consume liquor or narcotics or other controlled substances.
(8) To submit to medical or psychiatric treatment including treatment to prevent dependency on drugs or alcoholic beverages.
(9) Not to leave the place of residence, housing or neighborhood on specific days and hours to ensure his safety or that of other citizens.
(10) To turn over to the magistrate or to any other person designated by him his passport or any other document that established the defendant’s residence or citizenship.
(11) Whenever a vehicle rented from an accredited company is used in the commission of a crime, the magistrate shall order the accused to deposit a legal bond in a sufficient amount to cover the total appraised value of the vehicle in behalf of the Commonwealth of Puerto Rico, in the event that the seizure proceeds. In cases in which the seizure of the vehicle proceeds, the bond proceeds shall be covered into the special fund administered by the Seizures Board, as established in §§ 1723—1723o of this title.
(12) To meet any other reasonable condition imposed by the court.
The conditions imposed pursuant to this rule cannot be burdensome to the extent that their observance entails the temporary imprisonment of the defendant as if he/she were in a penal institution.
However, for those offenses listed in subsection (a) of this rule, the following restrictions are established:
(1) No bail with the benefit of paying ten percent (10%) in cash shall be set for the defendant.
(2) For these offenses, the court shall impose as an additional special condition for release on bail that the defendant be subject to electronic monitoring under the supervision of the Office of Pretrial Services.
(3) Bail may not be deferred.
(13) For offenses mentioned in subsection (a) of this rule, the court may impose the following additional conditions.
(A) Avoid all contact with the alleged victim of the crime or potential witnesses.
(B) Refrain from committing any offense whatsoever while on release or establishing any relationship with persons who plan, intend to commit, or commit delinquent acts.
(C) Not possess firearms or any other deadly weapon.
(D) Not consume alcoholic beverages or narcotics or any other controlled substance.
In those cases in which it is pertinent to impose the restrictions established in this rule, the judge shall hold an adversative hearing in which the dangerousness of the accused and the seriousness of the crime of which he/she is accused shall be evaluated, in order to determine if the conditions listed above can be imposed to guarantee his/her appearance and ensure public safety. In the hearing, the judge shall evaluate the following factors: (1) the characteristics and circumstances of the crime object of the accusation; (2) the history and characteristics of the accused, including his/her personality and mental condition, family ties, employment, financial resources, the time he/she has lived in the community, ties with the community, previous behavior, criminal history, and previous compliance with prior appearances; and (3) the danger that the release of the accused would represent for any person or the community.
During the hearing, the accused shall be entitled to be represented by an attorney. The determination of the judge may be reviewed by certiorari before the Court of Appeals.
(d) Review of conditions or of bail.—
(1) Before conviction.— A party may request review of the conditions or the bail set through a motion, solely before the Part of the Court of First Instance corresponding to the judicial district with competence to try the case. If the motion requests the extension of the conditions or the increase of bail, the magistrate who is to pass on the same shall stipulate conditions aimed at ensuring the appearance of the defendant, including summoning him to notify him of the resolution of the court with regard to the motion to review the conditions or bail. A motion to extend or limit the conditions or to increase or reduce bail shall be settled within twenty-four (24) hours following its filing, after a hearing with the prosecuting attorney and the defendant if it pleases them to appear after having been summoned.
(2) After conviction.— The court or judge who has imposed the conditions or set bail on appeal shall be empowered to extend or limit the conditions or to increase or reduce the amount of the bail when in his judgment the circumstances so warrant and after a hearing with the prosecuting attorney and the defendant, if it pleases them to appear after having been summoned.
(e) Order of release.— In any case in which a magistrate of a court imposes conditions or sets bail subject to the procedures established in this rule, he shall issue an order of release.
History —Feb. 8, 1966; July 23, 1974, No. 139, Part 1, p. 648, § 1; July 20, 1979, No. 177, p. 482, § 1; June 5, 1986, No. 39, p. 103, § 4; Aug. 13, 1994, No. 82, § 2; Dec. 24, 1995, No. 245, § 4; Aug. 28, 1996, No. 167, § 2; Mar. 13, 2003, No. 85, § 1; June 3, 2004, No. 133, § 6; June 3, 2004, No. 134, § 2; Dec. 22, 2009, No. 190, § 2; Dec. 27, 2011, No. 281, § 6.