Diversion in Act 54 cases: what it is and when the court cannot grant it

It is an alternative route inside an Act 54 case: instead of pronouncing sentence, the court suspends the proceeding and places the person on probation with an obligation to complete a re-education program for abusive conduct. If they complete it without breaching, the court may dismiss the case; if they breach, it may revoke probation and pronounce sentence.

Only offences punished under Act 54 itself qualify for this diversion, and the alternative is available only where the seven circumstances Article 3.6 lists are present: (a) that the person has not been convicted and imprisoned under a final judgment, and is not enjoying a diversion under this Act or a suspended sentence, for the offences of this Act or similar offences of Puerto Rico or the United States against the covered person; (b) that they have not violated a protection order issued by any court under this Act or a similar provision; (c) that they have not violated Article 3.2A — strangulation, suffocation or positional asphyxiation — including its attempt; (d) that an agreement is signed between the prosecution, the accused and the agency or institution they are referred to; (e) that, as part of that agreement and of taking part in the re-education programme, the person files a statement accepting the offence charged and acknowledging their conduct; (f) that they have not violated Article 3.5 — sexual assault in an intimate relationship — including its attempt; and (g) that, where the abuse was by appropriating or retaining the victim’s property, that property has been restored. Also, dismissal may be granted only once to any person.

• That the offence be one punished under Act 54. The article says expressly that only that law's offences qualify for this diversion program.Verified against the official source
• That the person has not been convicted of violating Article 3.5 of Act 54 — sexual assault in an intimate relationship — including its attempt. This is what Act 75-2026 added.Verified against the official source
• That the Court has heard the prosecution before making any determination.Verified against the official source
• That no dismissal under this article was granted before: it may be granted only once to any person.Verified against the official source

• The article publishes no document list. Diversion is resolved inside the criminal case already open, on the Court's own motion or at the request of the prosecution or the defence.

1. 1

   Step 1: Understand at what point in the case it happens

   Diversion does not avoid the trial. The article places it afterwards: once the trial is held and the person convicted, or when the defendant pleads guilty to any of the Act 54 offences. That is the point at which the Court may, on its own motion or at the request of the prosecution or the defence, suspend the whole proceeding.

2. 2

   Step 2: If you are the victim, your opinion must be considered

   The article says the Court shall take into account the victim's opinion on whether the benefit should be granted. It is not a veto, but it is not optional for the court either: it is a factor the law requires it to weigh. Before deciding, the Court must also hear the prosecution.

3. 3

   Step 3: The seven conditions that must be met

   Article 3.6 says “this diversion alternative shall be available only where the following circumstances exist”, and lists seven. (a) That the person has not been convicted and imprisoned under a final and firm judgment, and is not enjoying the benefit of a diversion programme under this Act or of a suspended sentence, for the offences of this Act or similar offences of Puerto Rico or the United States against their spouse, former spouse, the person they live with or have lived with, the person they hold or have held a consensual relationship with, or the person they had a child with. (b) That they have not violated a protection order issued by any court under this Act or any similar legal provision. (c) That they have not violated Article 3.2A — strangulation, suffocation or positional asphyxiation — including its attempt. (d) That an agreement is signed between the prosecution, the accused and the agency, body or public or private institution they are referred to. (e) That, as part of that agreement and of taking part in the re-education programme, the person files a statement accepting the commission of the offence charged and acknowledging their conduct. (f) That they have not violated Article 3.5 — sexual assault in an intimate relationship — including its attempt; this is the one Act 75-2026 added. And (g) that, where the abuse consisted of appropriating or retaining the victim’s property, that property has been restored.

4. 4

   Step 4: Know what probation involves

   The Court imposes the terms and conditions it deems reasonable and sets the length of probation, by prior agreement with the entity that will provide the services. That term shall never be less than one year nor more than three. The central condition is taking part in a re-education and retraining program for people who engage in abusive conduct in an intimate relationship, as defined in subsection (q) of Article 1.3 of Act 54.

5. 5

   Step 5: What happens on compliance and on breach

   If the person breaches the conditions, the Court, after holding a hearing, may revoke probation and proceed to pronounce sentence. If they violate no condition, the Court — on the recommendation of the program staff, in the exercise of its discretion and after a hearing — may dismiss the case. Dismissal happens without pronouncement of sentence.

6. 6

   Step 6: The record does not disappear

   Even after dismissal, the record is kept at the Court as confidential, not accessible to the public, and separate from other records. It serves so courts can determine in later proceedings whether the person qualifies again for this benefit, and to be considered for recidivism if they later commit any Act 54 offence; in those cases the law says it shall always be the prosecutor's responsibility to plead recidivism. The dismissal is not treated as a conviction for the disqualifications or incapacities the law imposes on convicted persons, and the exonerated person has the right to have the Police Superintendent return the fingerprint and photograph records taken over that charge.

Inside the criminal case itself, before the Court of First Instance handling it. It is not an application filed separately: the Court acts on its own motion or at the request of the prosecution or the defence.

• Believing diversion avoids trial: it happens after trial and conviction, or after a guilty plea.
• Thinking the victim has no voice: the law requires the Court to take their opinion on granting the benefit into account.
• Assuming diversion erases everything: the record is kept confidential and separate, and counts for recidivism if there is a later Act 54 offence.
• Believing it can be repeated: dismissal may be granted only once to any person.
• Taking for granted it applies to any offence: only offences punished under Act 54 itself qualify.
• Believing strangulation is included: subsection (c) and Article 3.2A itself leave it out, attempt included.
• Thinking enrolling in the programme is enough: subsection (e) requires a statement accepting the offence charged and acknowledging the conduct.
• Forgetting restitution: where the abuse was appropriating or retaining the victim’s property, subsection (g) requires it to have been restored.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  bvirtualogp.pr.gov

• Act No. 54 of 15 August 1989, OGP compilation, Rev. 18 August 2026

  Oficina de Gerencia y Presupuesto

  bvirtualogp.pr.gov