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COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 04/24/2025-AMENDED AND REPORTED OUT TO THE FLOOR 04/03/2025-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 36-0005 Thirty-Sixth Legislature of the Virgin Islands February 27, 2025 An Act amending title 16 Virgin Islands Code, chapter 2, section 99 establishing a mandatory minimum bail amount in domestic violence cases PROPOSED BY: Senators Angel L. Bolques, Jr., Dwayne M. DeGraff and Carla J. Joseph Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. (a) Title 16 Virgin Islands Code, chapter 2, section 99, is amended as 2 follows: 3 (1) subsection (b): 4 (A) in paragraphs (1), (2) and (3) by by striking “with no 10% provision” 5 and inserting “however, bail must be determined based on the defendant’s risk to 6 the victim and the community and fully secured where there is clear and convincing 7 evidence of a threat to the victim or likelihood of flight” after “harm;” in each 8 paragraph respectively; and 9 (B) by inserting the following paragraph (4): 10 “(4) If the underlying crime has a higher bail amount than the amount 11 in subsection (b) of this section, the higher bail amount shall apply.” 12 2 (b) subsection (c) is amended by inserting the following after “forthwith.”: “If the 1 People can prove by clear and convincing evidence that the defendant contacted the victim in 2 violation of a protective order, the defendant shall be remanded to custody and bail shall be 3 reconsidered based on the severity of the violation. The court may consider alternative non- 4 monetary conditions, such as electronic monitoring, house arrest, or mandatory check-ins 5 where the defendant demonstrates financial hardship, provided these measures sufficiently 6 protect the victim. The court shall also consider risk assessments, victim statements, and law 7 enforcement recommendations when setting bail or release conditions to ensure protection of 8 victims while upholding constitutional protections. To be released, the defendant must 9 demonstrate to the Court that he is not a danger to the victim.” 10 (c) subsection (e) is amended by inserting the following after “center.”: “Appropriate 11 treatment options include a certified Partner Abuse Intervention Program.” The court may 12 require the defendant to complete a domestic violence intervention program from a court 13 approved provider. 14 BILL SUMMARY 15 This bill establishes a mandatory minimum bail amount for a person arrested for or 16 charged with a crime that constitutes domestic violence. 17 BR25-0024/February 7, 2025/AA/Revised/February 26, 2025 18 .\..\..\..\AMENDS\36th Legislature\BOLQUES, JR., ANGEL L\Amendment 36-353\36- 19 353- DRAFTED ON YELLOW.docx 20 ..\..\..\..\AMENDS\36th Legislature\BOLQUES, JR., ANGEL L\Amendment 36- 21 338\Amendment 36-338 - DRAFTED ON YELLOW.docx 22