Bill No. 36-0005, Bills — Rules And Judiciary, April 24, 2025
COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 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 sub …
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COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 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. The Legislature shall appropriate funding to the Judicial Branch to ensure 14 access to such programs for all defendants, regardless of financial status. 15 BILL SUMMARY 16 This bill establishes a mandatory minimum bail amount for a person arrested for or 17 charged with a crime that constitutes domestic violence. 18 BR25-0024/February 7, 2025/AA/Revised/February 26, 2025 19 ..\..\..\..\AMENDS\36th Legislature\BOLQUES, JR., ANGEL L\Amendment 36- 20 338\Amendment 36-338 - DRAFTED ON YELLOW.docx 21