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COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY BILL NO. 36-0318 Thirty-Sixth Legislature of the Virgin Islands July 21 2026 An act amending title 23 Virgin Islands Code, chapter 13 establishing a Police Reserve Unit within the Virgin Islands Police Department PROPOSED BY: Senator Kenneth L. Gittens Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 23 Virgin Islands Code, chapter 13 is amended by designating 2 existing sections 1151 through 1158 as subchapter I and adding the following subchapter II: 3 “Subchapter II. Virgin Islands Police Department Police Reserve Unit 4 §1161. Establishment 5 (a) There is established within the Virgin Islands Police Department the Police 6 Reserve Unit, consisting of qualified reserve police officers appointed by the Commissioner of 7 the Virgin Islands Police Department. 8 (b) The Police Reserve Unit serves as a supplemental law enforcement resource to 9 support the administrative and operational needs of the Virgin Islands Police Department, 10 including periods of personnel shortage, emergency response, special events, training needs, 11 community outreach, and other assignments approved by the Commissioner. 12 (c) Nothing in this subchapter may be construed to limit the authority, operation, or 13 statutory duties of the Virgin Islands Police Auxiliary. 14 2 §1162. Definitions 1 As used in this subchapter: 2 (1) “Auxiliary Police Officer” or “Auxiliary Officer” means a member of the Virgin 3 Islands Police Auxiliary, who assists the Virgin Islands Police Department and who has peace 4 officer status while on duty or during an emergency declared by the Governor under 23 V.I.C., 5 chapter 10, subchapter 1, § 1005. 6 (2) “Department” means the Virgin Islands Police Department. 7 (3) “Commissioner” means the Commissioner of the Virgin Islands Police 8 Department. 9 (4) “Reserve Police Officer” or “Reserve Officer” means a part-time or volunteer law 10 enforcement officer appointed under this subchapter who is certified by the Virgin Islands 11 Peace Officer Standards and Training Council, or who holds an equivalent certification 12 recognized by the Council and accepted by the Commissioner, and who may exercise the 13 powers of a police officer only as authorized by this subchapter, Department policy, and the 14 officer’s certification status. 15 (5) “Technical support functions” means law enforcement-related support assignments 16 requiring law enforcement experience or Department authorization, including report review, 17 records support, evidence processing support, training assistance, radio or communications 18 support, crime analysis support, emergency operations support, fleet or equipment readiness 19 support, and other non-policy-making functions approved by the Commissioner. 20 §1163. Eligibility and appointment 21 (a) To be eligible for appointment as a reserve officer, an individual must: 22 (1) be a citizen of the United States and a resident of the Virgin Islands; 23 (2) be not younger than 21 years of age and not older than 68 years of age at the 24 time of initial appointment; 25 3 (3) possess a current certification from the Virgin Islands Peace Officer 1 Standards and Training Council or possess a certification from another jurisdiction that 2 the Council or the Commissioner determines to be equivalent, subject to completion of 3 any transitional training required under subsection (d); 4 (4) submit to and successfully complete a background investigation, criminal 5 history check, drug screening, and any medical, psychological, physical fitness, or 6 firearms review required Department policy; 7 (5) be of good moral character and have no felony conviction or disqualifying 8 misdemeanor conviction, adverse separation, decertification, or pending disciplinary 9 matter that would impair the individual’s ability to serve as a reserve officer; 10 (6) take and subscribe to the oath required of law enforcement officers; and 11 (7) comply with all Department policies applicable to reserve officers. 12 (b) The appointment process must include, at a minimum: 13 (1) submission of an application on a form prescribed by the Commissioner; 14 (2) verification of law enforcement certification, prior service, and employment 15 history; 16 (3) completion of the screening requirements under subsection (a); 17 (4) review and recommendation by the Reserve Program Coordinator or other 18 designee of the Police Commissioner; and 19 (5) written appointment by the Commissioner specifying the officer’s status, 20 effective date, authorized duties, and any conditions of service. 21 (c) A reserve officer is appointed for a term not to exceed two years and may be 22 renewed by the Commissioner if the officer remains qualified, current in training, and in good 23 standing. 24 4 (d) Before exercising police powers, a reserve officer shall complete any in-service, 1 refresher, or transitional training required by the Commissioner. The training may include 2 Virgin Islands law and criminal procedure, Department policies, use of force, arrest and search 3 procedures, report writing, ethics, de-escalation, domestic violence response, firearms 4 qualification, emergency vehicle operations, radio procedures, evidence handling, and any 5 other subject required by the Department or the Council. 6 (e) A person who reaches 70 years of age may not be reappointed as a reserve officer 7 with police powers, but may be used in a civilian, advisory, training, administrative, or 8 technical support capacity. 9 (f) The Commissioner may suspend, restrict, or revoke a reserve officer’s appointment 10 for failure to meet qualification, training, fitness, service-hour, policy, or conduct requirements. 11 §1164. Powers and duties 12 (a) A reserve officer may be assigned to perform law enforcement duties, including: 13 (1) patrol and traffic enforcement; 14 (2) criminal investigations; 15 (3) crowd control, event security, and emergency response; 16 (4) training, mentoring, and community outreach; 17 (5) administrative assignments requiring law enforcement knowledge; and 18 (6) technical support functions approved by the Commissioner. 19 (b) A reserve officer may exercise the powers of a police officer only while on duty, 20 while acting under an assignment of the Department, while responding to an emergency, or as 21 otherwise expressly authorized in writing by the Commissioner. 22 (c) A reserve officer is subject to the command structure, policies, disciplinary rules, 23 training requirements, and operational control of the Virgin Islands Police Department. 24 5 (d) A reserve officer may not use the officer’s status to engage in private security work, 1 any other employment, political activity in uniform, or any law enforcement action outside the 2 scope of Department authorization. 3 §1165. Service requirements 4 (a) To maintain active status, a reserve officer shall work a minimum of 24 hours per 5 quarter, totaling not less than 96 hours annually. 6 (b) The required hours may include approved training, administrative assignments, 7 field operations, special events, emergency response, and technical support functions. 8 (c) Unless excused good cause by the Commissioner, failure to meet the minimum 9 service hours may result in inactive status, suspension, nonrenewal, or revocation of reserve 10 officer status. 11 §1166. Firearm qualification and training 12 (a) In accordance with Virgin Islands Police Department standards, a reserve officer 13 authorized to carry a Department-issued or Department-approved firearm shall qualify 14 annually, or more frequently, if required by Department policy. 15 (b) A reserve officer may not carry a firearm or exercise police powers unless the 16 officer is current in all firearm, use-of-force, and mandatory training requirements. 17 (c) The Commissioner may require reserve officers to participate in continuing 18 education, refresher training, emergency response training, legal updates, or any additional 19 training necessary to maintain readiness and compliance with Department policy. 20 §1167. Compensation and benefits 21 (a) A reserve officer must be compensated for approved duty hours at a rate not less 22 than the minimum rate provided by law for members of the police auxiliary, unless the officer 23 has agreed in writing to serve as a volunteer for a specific assignment. 24 6 (b) A reserve officer may receive reimbursement for approved training, travel, 1 equipment, or duty-related expenses, subject to appropriation and Department policy. 2 (c) A reserve officer is eligible for workers’ compensation coverage for injury or death 3 arising out of and in the course of approved duties to the same extent provided by law for 4 similarly situated Government personnel or auxiliary officers. 5 (d) Service as a reserve officer may not be construed as full-time employment and does 6 not create eligibility for annual leave, sick leave, overtime, holiday pay, health insurance, group 7 life insurance, paid administrative leave, longevity pay, salary step increases, classified service 8 status, tenure, civil service preference, collective bargaining unit status, or additional 9 Government Employees Retirement System service credit. 10 (e) A retired Government employee or former law enforcement officer serving as a 11 reserve officer does not forfeit, suspend, reduce, or increase any existing Government 12 Employees Retirement System annuity solely by serving in the Police Reserve Unit. 13 (f) This section applies only to reserve officers appointed under this subchapter. 14 §1168. Liability and legal protections 15 (a) A reserve officer acting within the scope of an approved Department assignment is 16 afforded the same legal protections and liability coverage provided by law to a Virgin Islands 17 Police Department officer acting within the scope of official duties. 18 (b) This section does not provide legal protection or liability coverage for acts outside 19 the scope of Department authorization, acts of willful misconduct, private security work, or 20 acts performed while the reserve officer is not on approved duty or otherwise authorized to act. 21 §1169. Oversight and administration 22 (a) The Commissioner shall develop policies, procedures, and appointment protocols 23 for the Police Reserve Unit. The policies and procedures must include: 24 (1) recruitment and application requirements; 25 7 (2) appointment, renewal, suspension, inactive status, and revocation 1 procedures; 2 (3) training and certification tracking; 3 (4) assignment and supervision procedures; 4 (5) timekeeping and service-hour documentation; 5 (6) standards for uniforms, identification, equipment, and vehicles; 6 (7) standards for discipline, complaints, use of force review, and reporting; and 7 (8) restrictions on outside employment and unauthorized law enforcement 8 activity. 9 (b) The Commissioner may designate a Reserve Program Coordinator to manage the 10 day-to-day administration of the Unit. 11 §1170. Annual reporting 12 (a) Not later than March 31 of each year, the Commissioner shall submit an annual 13 report to the President of the Legislature of the Virgin Islands on the operations of the Police 14 Reserve Unit for the preceding calendar year. The report must include: 15 (1) the number of active, inactive, newly appointed, renewed, suspended, and 16 separated reserve officers; 17 (2) total duty hours worked, by category of assignment; 18 (3) training and firearm qualification compliance; 19 (4) expenditures for compensation, equipment, training, workers’ compensation 20 claims, and administration; 21 (5) operational benefits, staffing support, and deployment uses; 22 (6) complaints, disciplinary actions, use-of-force incidents, and liability claims 23 involving reserve officers, to the extent disclosure is permitted by law; and 24 (7) recommendations for statutory, budgetary, or policy changes.” 25 8 SECTION 2. Title 23 Virgin Islands Code, chapter 15, section 1157 is amended by 1 designating the existing language as subsection (a) and adding the following subsection (b): 2 “(b) If an auxiliary officer seeks appointment as a reserve officer under 23 V.I.C., 3 chapter 13, subchapter. II, the officer must independently satisfy the eligibility, appointment, 4 certification, training, and service requirements provided for in that subchapter.” 5 BILL SUMMARY 6 This bill amends title 23 Virgin Islands Code, chapter 13 by designating the existing 7 sections as subchapter I and adding subchapter II establishing the Police Reserve Unit within 8 the Virgin Islands Police Department. The bill provides eligibility requirements for reserve 9 officers, the types of assignment the reserve officer may perform, the requirements for 10 maintaining reserve officer status, firearm and other training requirements, compensation and 11 benefits entitlements, liability protections for reserve officers, and it authorizes the 12 Commissioner of the Virgin Islands Police Department to implement policies to administer the 13 Police Reserve Unit. The bill also amends 23 V.I.C., §1167 authorizing auxiliary officer to 14 perform reserve officer duties. 15 BR25-0772/May 11, 2026/SLR 16