USVI Public Records

(a) This subtitle applies to the suits of a civil nature whether cognizable as cases at law or in equity described in Rule 1 of the Federal Rules of Civil Procedure, and which are brought in one form of action known as "civil action" pursuant to Rule 2 thereof. (b) This subtitle applies to proceedings in the Supreme Court. It also applies to proceedings in the Superior Court unless otherwise provided in this subtitle or in rules adopted by the Supreme Court applicable to the Superior Court. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; amended July 30, 2016, No. 7888, § 12, Sess. L. 2016, p. 113.

Notwithstanding any provision of law, in any cause of action based on tort, contract law, or otherwise to recover damages for injury or death to the person or for harm to the plaintiff resulting from the defendant's wrongful conduct, no complaint or cross-complaint shall specify the amount of damages but shall contain a prayer for general relief and shall state that the damages are within the jurisdictional limits of the court to which the pleading is addressed. Nothing in this section shall be construed as preventing a party from asking for a specific amount of damages at the trial. History: Added June 20, 1986, No. 5176, § 1(a), Sess. L. 1986, p. 179.

(a) Civil actions shall only be commenced within the periods prescribed below after the cause of action shall have accrued, except when, in special cases, a different limitation is prescribed by statute: (1) Twenty years- (A) Actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such recovery unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the property in question within twenty years before the commencement of the action. (B) An action upon a judgment or decree of any court of the United States, or of any State, Commonwealth, or Territory within the United States. (C) An action upon a sealed instrument. (2) Ten years- (A) An action for any cause not otherwise provided for in this section. (3) Six years- (A) An action upon a contract or liability, express or implied, excepting those mentioned in paragraph (1)(C) of this section. (B) An action upon a liability created by statute, other than a penalty or forfeiture. (C) An action for waste or trespass upon real property. (D) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof. (4) Three years- (A) An action against a marshal, peace officer or coroner, upon a liability incurred by the doing of an act in his official capacity or in virtue of his office; or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this provision shall not apply to an action for an escape. (B) An action upon a statute for penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the Government of the Virgin Islands, except where the statute imposing it prescribes a different limitation. (5) Two years- (A) An action for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to the person or rights of another not arising on contract and not herein especially enumerated, or to set aside a sale of real property for non-payment of real property taxes pursuant to Title 33, cTitle 339,chapter 89r III of this Code. (B) An action upon a statute for a forfeiture or penalty. (6) One year- (A) An action against the sheriff, peace officer, or other officer for the escape of a person arrested or imprisoned on civil process. (b) Motion for preference; elderly; medical reasons; time of trial (1) A party to a civil action who is over 70 years of age or older may petition the court for a preference, which the court shall grant if it finds that the party has a substantial interest in the action as a whole. (2) A party to a civil action who is over 65 years of age or older may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (A) The party has a substantial interest in the action as a whole; and (B) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (3) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that the movant, who is a party, suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (4) Upon the granting of such a motion for preference for an elderly party, the court shall set the matter for trial not more than 180 days from that date that the elderly party moves for preference. There shall be no continuance beyond 180 days from the granting of the motion for preference except for physical disability of a party or a party's attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 30 days and no more than one continuance for physical disability may be granted to any party. (5) Upon the granting of such a motion for preference for a terminally ill party, the court shall set the matter for trial not more than 90 days from that date that the terminally ill party moves for preference and there shall be no continuance beyond 90 days from the granting of the motion for preference except for a physical disability of a party or a party's attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 30 days and no more than one continuance for physical disability may be granted to any party. (6) Unless the court otherwise orders: (A) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. (B) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference. (C) At any time during the pendency of the action, a party who is diagnosed as terminally ill with less than six (6) months to live may file and serve a motion for preference. (7) (A) There is no statute of limitation on an action brought by any person for recovery of damages for injury suffered from childhood sexual or physical abuse as described title 14 Virgin Islands Code, section 503, which may be commenced against a person, legal entity, abusers, their enablers, their aiders or abettors, those acting in concert with them and their institutions. The action may be commenced at any time after the act alleged to have caused the injury or condition. The victim need not establish which act in a series of continuing physical abuse or sexual abuse, or exploitation incidents caused the injury. (B) Application. This paragraph applies to all actions based on alleged sexual acts against minors regardless of the date of the alleged sexual act occurred and regardless of whether the statute of limitations on these actions expired prior to the effective date of this paragraph. History: Amended Aug. 1, 1977, No. 4030, § 10, Sess. L. 1977, p. 181; amended Aug. 16, 2021, No. 8468, § 1, Sess. L. 2021, p. 104, 105; amended Dec. 2, 2024, No. 8953, § 1(a), Sess. L. 2024, p. -.

Mistake (a) An action of an equitable nature shall only be commenced within the time limited to commence an action as provided in this chapter. (b) An action for the determination of any right or claim to or interest in real property shall be deemed within the limitations provided for actions for the recovery of the possession of real property. This section does not bar an equitable owner in possession of real property from defending his possession by means of his equitable title. The right of such equitable owner to defend his possession shall not be barred by lapse of time while an action for the possession of such real property is not barred by the provisions of this chapter. (c) In an action upon a new promise, fraud, or mistake, the limitation shall be deemed to commence only from the making of the new promise or the discovery of the fraud or mistake.

As used in section 32b: (1) "action" includes an action for contribution or indemnity brought against a person or entity arising out of that person's or entity's performance or furnishing of services or materials referred to in section 32b; (2) "patent deficiency" means a deficiency that is apparent by reasonable inspection; (3) "latent deficiency" means a deficiency that is not apparent by reasonable inspection; and (4) "date of substantial completion" means the date when construction is sufficiently completed to allow the owner or a person authorized by the owner to occupy the improvement or to use the improvement in the manner for which it was intended. In the case of a phased project with more than one substantial completion date, the limitation period for actions involving systems designed to serve the entire project shall begin at the substantial completion of the earliest phase. The date of substantial completion relates specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction services by each profession or trade rendering services to the improvement. History: Added Nov. 23, 2004, No. 6697, § 5, Sess. L. 2004, p. 234.

Prohibited (a) Except as otherwise provided in this section, no action may be brought to recover damages from any person or entity performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than 7 years after the substantial completion of such improvement for any patent deficiency and not more than 14 years for any latent deficiency in the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property for any injury to property, real or personal, arising out of such patent or latent deficiency; or to the person or for wrongful death arising out of any such patent or latent deficiency. (b) If, by reason of such patent or latent deficiency, an injury to property or person or an injury causing wrongful death occurs during the 7th or 14th year, respectively, after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than the 8 or 15 years, respectively, after the substantial completion of construction of such improvement. (c) The limitation periods specified in subsection (b) shall commence upon substantial completion of the improvement, but not later than the date of the following, whichever first occurs: (1) The date of final inspection by the Department of Planning and Natural Resources; (2) The date of recordation of a valid notice of completion; (3) The date of use or occupation of the improvement; (4) One year after termination or cessation of work on the improvement. (d) The limitation prescribed by this section may not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action. History: Added Nov. 23, 2004, No. 6697, § 5, Sess. L. 2004, p. 235.

Section 32b does not apply if (1) the personal injury, death, or property damage resulted from (A) an intentional act or gross negligence; (B) fraud or misrepresentation; (C) breach of an express warranty or guarantee; (D) a defective product. In this subparagraph, "product" means an object that has intrinsic value, is capable of delivery as an assembled whole or as a component part, and is introduced into trade or commerce; (E) prolonged exposure to hazardous waste; or (2) the facts that would give notice of a potential cause of action are intentionally concealed; (3) the provisions of this section are waived by contract; or (4) the facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of reasonable care by the minor's parent or guardian. History: Added Nov. 23, 2004, No. 6697, § 5, Sess. L. 2004, p. 235.

In an action to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the date of the last item proved in the account on either side; but whenever a period of more than one year shall elapse between any of a series of items or demands, they are not to be deemed such an account.

The limitations prescribed in this chapter shall apply to actions brought in the name of any public corporation in the Virgin Islands, or for its benefit, in the same manner as to actions by private parties.

(a) If a cause of action accrues against any person who is out of the Virgin Islands or concealed therein, such action may be commenced within the terms herein respectively limited, after the return of such person into the Virgin Islands, or the end of his concealment. (b) If, after a cause of action accrues, any person departs from and resides out of the Virgin Islands, or conceals himself, the time of his absence or concealment shall not be computed as any part of the time limited for the commencement of such action.

(a) If any person entitled to bring an action mentioned in this chapter is, at the time the cause of action accrues- (1) under the age of twenty-one years; or (2) insane; or (3) imprisoned on a criminal charge, or in execution under sentence of a court for a term less than his natural life-except as provided in section 31 (7) of this chapter. the time of such disability shall not be a part of the time limited for the commencement of the action, but the period within which the action shall be brought shall not be extended in any case longer than two years after such disability ceases. (b) No person shall avail himself of a disability unless it existed when his right of action accrued. (c) When two or more disabilities exist at the time the right of action accrues the limitation shall not attach until all such disabilities are removed. History: Amended Dec. 2, 2024, No. 8953, § 1(b), Sess. L. 2024, p. -.

(a) If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his personal representatives, after the expiration of the time and within one year from his death. (b) If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his personal representatives after the expiration of that time, and within six months after the issuing of letters testamentary or of administration.

When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action.

No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.

Whenever any payment of principal or interest has been or shall be made upon an existing contract, whether it be a bill of exchange, promissory note, bond, or other evidence of indebtedness, if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made.

When the cause of action has arisen in any State, Commonwealth, Territory, or country between nonresidents of the Virgin Islands, and by the laws of the State, Commonwealth, Territory, or country where the cause of action arose an action cannot be maintained thereon by reason of the lapse of time, no action shall be maintained thereon in the Virgin Islands.

In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense existing at the time of or before notice of the assignment; but this subsection shall not apply to a negotiable instrument transferred in good faith and upon valuable consideration before due. In the case of an assignment of an account in a secured transaction, the provisions of Article 9 of Title 11A shall apply. History: Amended Feb. 19, 1965, No. 1299, § 4, Sess. L. 1965, Pt. II, p. 218.

A wife may receive the wages of her personal labor, and maintain an action therefor in her own name and hold the same in her own right, and she may prosecute and defend all actions for the preservation and protection of her rights and property as if unmarried.

A guardian ad litem appointed for an infant or incompetent person under Rule 17(c) of the Federal Rules of Civil Procedure shall not be liable to pay costs of action; and he shall be allowed a reasonable sum for his charges as such guardian, to be fixed by the court, and taxed in the bill of costs.

(a) A father, or in case of his death or desertion of his family, the mother, may maintain an action as plaintiff for the seduction of a minor daughter, and the guardian for the seduction of a ward, though the daughter or ward is not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there is no loss of service. (b) An unmarried female over twenty-one years of age may maintain an action as plaintiff for her own seduction, and may recover therein such damages as may be assessed in her favor. The prosecution of an action to judgment by the father, mother, or guardian, as described in subsection (a) of this section, shall be a bar to an action by such unmarried female.

A legitimate or legitimized natural father, who has not abandoned his family, and the legitimate or natural mother may individually or jointly institute an action for the injury of a minor child, and a guardian for the injury of a ward, when such injury is caused by the wrongful act or neglect of another. The death of the child or ward shall not abate the parent's or guardian's cause of action for his injury as to damages accruing before his death. In every action under this section such damages may be given as under the circumstances of the case may be just. If an action arising out of the same wrongful act or neglect may be maintained pursuant to section 76 of this title for the wrongful death of any such child, the action authorized by this section shall be consolidated therewith for trial on motion of any interested party. History: Amended June 5, 2001, No. 6413, § 4, Sess. L. 2001, p. 39.

Legislative intent (a) It is the public policy of the Territory to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Subsections (b) through (j) of this section are remedial and shall be liberally construed. Definitions (b) As used in this section: (1) "Survivors" means the decedent's spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the illegitimate child of a mother, but not the illegitimate child of the father unless the father has recognized a responsibility for the child's support. (2) "Minor children" means unmarried children under eighteen (18) years of age. (3) "Support" includes contributions in kind as well as money. (4) "Services" means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case. (5) "Net accumulations" means the part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of his estate if he had lived his normal life expectancy. Net business or salary income is the part of the decedent's probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent's personal expenses and support of survivors excluding contribution in kind. Right of action (c) When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or water-craft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this section notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony. Parties (d) The action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this section, caused by the injury resulting in death. When a personal injury to the decedent results in his death, any action for the personal injury shall survive, whether or not filed at the time of death, and shall not abate. The wrongdoer's personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor's recovery if he were the plaintiff may be asserted against him, but shall not affect the recovery of any other survivor. Damages (e) All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint and their relationships to the decedent shall be alleged. Damages may be awarded as follows: (1) Each survivor may recover the value of lost support and services from the date of the decedent's injury to his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivors and the decedent and the period of minority in the case of healthy minor children may be considered. (2) The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury. (3) Children of the decedent may also recover for lost parental companionship, instruction and guidance and for mental pain and suffering from the date of injury. (4) Each parent of a deceased child may also recover for mental pain and suffering from the date of injury. (5) Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them. (6) The decedent's personal representative may recover for the decedent's estate the following: (a) Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. If the decedent's survivors include a surviving spouse or lineal descendants, loss of net accumulations beyond death and reduced to present value may also be recovered. (b) Medical or funeral expenses due to the decedent's injury or death that have become a charge against his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under paragraph (5), above. (c) Evidence of remarriage of the decedent's surviving spouse is admissible. (7) All awards for the decedent's estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims. Form of verdict (f) The amounts awarded to each survivor and to the estate shall be stated separately in the verdict. Protection of minor and incompetents (g) The court shall provide protection for any amount awarded for the benefit of a minor child or an incompetent pursuant to the Virgin Islands guardianship law, Title 15, Virgin Islands Code. Death of a survivor before judgment (h) A survivor's death before final judgment shall limit the survivor's recovery to lost support and services to the date of his death. The personal representative shall pay the amount recovered to the personal representative of the deceased survivor. Court approval of settlements (i) While an action under this section is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court. Litigation expenses (j) Attorney's fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate in proportion to the amount awarded to them, but expenses incurred for the benefit of a particular survivor or the estate shall be paid from their awards. History: Amended Apr. 29, 1974, No. 3556, Sess. L. 1974, p. 82.; June 5, 2001, No. 6413, § 3, Sess. L. 2001, p. 38.

A thing in action arising out of a wrong which results in physical injury to the person or out of a statute imposing liability for such injury shall not abate by reason of the death of the wrongdoer or any other person liable for damages for such injury, nor by reason of the death of the person injured or of any other person who owns any such thing in action. When the person entitled to maintain such an action dies before judgment, the damages recoverable for such injury may include loss of earnings and expenses sustained or incurred as a result of the injury may include damages for pain, suffering and disfigurement, or punitive or exemplary damages, or prospective profits or earnings after the date of death. The damages recovered shall form part of the estate of the deceased. Nothing in this section shall be construed as making such a thing assignable. History: Amended June 5, 2001, No. 6413, § 5, Sess. L. 2001, p. 39.

No action shall abate by the death or disability of a party or by the transfer of any interest therein, if the cause of action survives or continues. In case of the death or disability of a party, the court may at any time within two years thereafter, on motion, allow the action to be continued by or against his personal representatives or successor in interest.

An action for a wrong shall not abate by the death of any party after the decision has been given therein, but the action shall proceed thereafter in the same manner as in cases where the cause of action survives.

A taxpayer may maintain an action to restrain illegal or unauthorized acts by a territorial officer or employee, or the wrongful disbursement of territorial funds.

In the cases referred to in Rule 4(d)(2) of the Federal Rules of Civil Procedure, service shall be made as follows: (1) Upon an infant, by delivering a copy of the summons and of the complaint to the infant personally, and also to his father, mother, or guardian, or if there is none within the Virgin Islands then to any person having the care or control of such infant, or with whom he resides, or in whose service he is employed. (2) Upon a person judicially declared to be of unsound mind or incapable of conducting his own affairs for whom a guardian has been appointed, by delivering a copy of the summons and of the complaint to the defendant personally and also to such guardian.

(a) When service of the summons cannot be made as prescribed in Rule 4 of the Federal Rules of Civil Procedure, and the defendant after due diligence cannot be found within the Virgin Islands, and when that fact appears by affidavit to the satisfaction of the district court, or the Superior Court in an action therein, and it also appears that a cause of action exists against the defendant, or that he is a proper party to an action relating to real or personal property in the Virgin Islands, the court shall grant an order that the service be made by publication of the summons in any of the following cases: (1) When the defendant is a foreign corporation, and has property within the Virgin Islands, or the cause of action arose therein; (2) When the defendant, being a resident of the Virgin Islands, has departed therefrom with intent to defraud his creditors or to avoid the service of the summons, or with like intent keeps himself concealed therein, or has departed from the Virgin Islands and remained absent therefrom six consecutive weeks; (3) When the defendant is not a resident of the Virgin Islands, but has property therein, and the court has jurisdiction of the subject of the action; (4) When an action is to have a marriage declared void, or for a divorce in the cases prescribed by law; (5) When the subject of the action is real or personal property in the Virgin Islands, and the defendant has or claims a lien or interest actual or contingent therein, or the relief demanded consists wholly or partly in excluding the defendant from any lien or interest therein; or (6) When the action is to foreclose, satisfy, or redeem from a mortgage, or to enforce a lien of any kind on real estate in the Virgin Islands, or satisfy or redeem from the same. (b) The summons published shall contain the name of the court and the title of the cause, a succinct statement of the relief demanded, the date of the order for service by publication, and the time within which the defendant is required to answer the complaint. (c) The order shall direct the publication to be made in a newspaper of general circulation in a jurisdiction designated by the court as the most likely to give notice to the person to be served for such length of time as may be deemed reasonable, not less than once a week for four weeks. In case of publication, the court shall also direct a copy of the summons and complaint to be forthwith deposited in the post office, directed to the defendant at his place of residence, unless it shall appear that such residence is neither known to the party making the application nor can with reasonable diligence be ascertained by him. Alternatively, the order shall direct a copy of the summons and complaint to be forthwith deposited in the post office, directed to the defendant, by any form of mail requiring a signed receipt therefor. The defendant shall appear and answer within 30 days after the completion of such period of publication, and in the case of any form of mailing requiring a signed receipt within 30 days from the date of receipt as indicated by the signed receipt. (d) Personal service of a copy of the summons and complaint out of the Virgin Islands shall be equivalent to publication and deposit in the post office. In case of personal service out of the Virgin Islands the defendant shall appear and answer within thirty days from date of service. (e) The defendant as to whom publication is ordered, or his personal representatives, on application and sufficient cause shown, at any time before judgment shall be allowed to defend the action. The defendant as to whom publication is ordered, or his representatives, may in like manner, upon good cause shown, and upon such terms as may be proper, be allowed to defend after judgment and within one year after the entry of such judgment on such terms as may be just; and if the defense be successful, and the judgment or any part thereof have been collected or otherwise enforced, such restitution may thereupon be compelled as the court shall direct. But the title to property sold upon execution issued on such judgment to a purchaser in good faith shall not be thereby affected. History: Amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Aug. 10, 1978, No. 4187, Sess. L. 1978, p. 207.

When the action is against two or more defendants, and the summons is served on one or more but not all of them, the plaintiff may proceed as follows: (1) If the action is against defendants jointly indebted upon a contract, he may proceed against the defendants served, unless the court otherwise directs; and if he recovers judgment, it may be entered against all the defendants thus jointly indebted so far only as that it may be enforced against the joint property of all and the separate property of the defendant served, and if they are subject to arrest, against the persons of the defendants served; or, (2) If the action is against the defendants severally liable, he may proceed against the defendants served in the same manner as if they were the only defendants; or, (3) If all the defendants have been served, judgment may be taken against any of them severally, when the plaintiff would be entitled to judgment against such defendant or defendants, if the action had been against them, or any of them alone.

(a) Proof of the service of the summons and complaint or of the deposit thereof in the post office, shall be as follows: (1) If the service or deposit in the post office is by the marshal or his deputy, the certificate of such officer; (2) If by any other person, his affidavit thereof; (3) In case of publication, the affidavit of the publisher or his representative, together with a copy of the publication; or (4) The written admission of the defendant. (b) In the case of service otherwise than by publication, the certificate, affidavit, or admission must state the time and place of service; and in case of deposit in the post office, the time and place thereof.

From the time of the service of the summons or the allowance of a provisional remedy the court shall be deemed to have acquired jurisdiction and to have control of all the subsequent proceedings. A voluntary appearance of the defendant shall be equivalent to personal service of the summons upon him.

No person shall be arrested in any civil action except as provided in this chapter. No person upon civil arrest shall be detained in custody for a longer period than three months.

(a) A male defendant may be arrested in the following cases: (1) In an action for the recovery of money or damages when the defendant is about to remove from the Virgin Islands with intent to defraud his creditors, or when the action is for any injury to person, or for willfully injuring or wrongfully taking, detaining, or converting property. (2) In an action for a fine or penalty, or for money, or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or by an attorney, or by an officer or agent of a corporation in the course of his employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity, or for any misconduct or neglect in office or in a professional employment. (3) In an action to recover the possession of personal property unjustly detained, when the property or any part thereof has been concealed, removed, or disposed of, so that it cannot be found or taken by the marshal, and with intent that it should not be so found or taken, or with the intent to deprive the plaintiff of the benefit thereof. (4) When the defendant has been guilty of a fraud in contracting a debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention, or conversion of which the action is brought. (5) When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. (b) No female shall be arrested in any action except for injury to person, character or property.

(a) At any time after the commencement of a civil action, and before judgment, the plaintiff shall, in the discretion of the court, be entitled to a writ of arrest for the defendant for any of the causes specified in section 172 of this title, whenever he makes and files with the clerk of the court in which such action is pending, an affidavit that the plaintiff has a sufficient cause of action therein, and that the case is one of those mentioned in section 172 of this title. The affidavit may be either positive or upon information or belief; but if the latter, it shall state the facts upon which the belief is founded. (b) The plaintiff shall also make and file with the clerk an undertaking with sufficient sureties, in a sum not less than $100, and equal to the amount for which the plaintiff prays judgment. Such undertaking shall be conditioned that the plaintiff will pay all costs that may be adjudged to the defendant and all damages which he may sustain by reason of the arrest if the same be wrongful or without sufficient cause, not exceeding the amount specified in the undertaking. The plaintiff shall also file with his undertaking the affidavits of the sureties therein from which it must appear that such sureties are residents of the Virgin Islands and that they are, taken together, worth double the amount of the sum specified in the undertaking over all debts and liabilities and property exempt from execution. No person not qualified to become surety for bail upon arrest is qualified to become surety in an undertaking for an arrest. (c) The writ of arrest shall be issued by the court in its discretion, and shall require the marshal forthwith to arrest the defendant and hold him to bail in the amount specified in the undertaking, and that in default thereof he keep him in custody until discharged by law, and to return the writ to the court from which it issued, with his doings indorsed thereon, when required by the plaintiff at any time before the defendant may be arrested, or afterwards whenever the defendant shall have been discharged from the arrest on bail or otherwise. (d) The plaintiff shall deliver or cause to be delivered to the marshal with the writ a copy of the affidavit upon which the warrant was issued, subscribed by himself or attorney. The marshal, upon the delivery of the writ, shall endorse thereon the date of the receipt and upon the arrest of the defendant shall deliver to him a copy of the writ and such copy of the affidavit. The marshal shall execute the writ by arresting the defendant and keeping him in custody until discharged by law.

The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the writ of arrest, as provided in this chapter.

The defendant may give bail by executing a written undertaking in favor of the plaintiff with a corporate surety or two or more individual sureties unless the court determines that one individual surety is sufficient, stating their places of residence, to the effect that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein. If the defendant was arrested for the cause mentioned in paragraph (3) of section 172 of this title, an undertaking to the same effect as that provided by section 216 of this title shall be given.

In case of the failure to comply with any undertaking given under this chapter, the liability of the sureties may be enforced on motion without the necessity of an independent action. By entering into an undertaking under this chapter, the sureties submit themselves to the jurisdiction of the court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties at their last known addresses.

The bail may be exonerated, either by the death of the defendant or his imprisonment in the penitentiary, or by his legal discharge from the obligation to render himself amenable to the process.

Within three days after the execution of the undertaking of the bail the marshal having the defendant in custody shall deliver to the plaintiff or his attorney, or such other person as the plaintiff may direct, a certified copy of the undertaking, with the date of the arrest indorsed thereon. In any other case the marshal may mail such copy within the same time to the plaintiff or his attorney, within the Virgin Islands, or to either of them as the plaintiff may direct. The plaintiff, within ten days from the delivery of such copy, or fifteen days from the mailing of the same, if sent by mail, may serve upon the marshal for the defendant in custody a notice that he does not accept the bail, or he shall be deemed to have accepted it, and the marshal shall be exonerated from liability. If no notice be served within ten days, the original undertaking shall be filed with the court where the action is pending.

On the receipt of notice that the plaintiff does not accept the bail, the marshal or defendant may, within ten days thereafter, give to the plaintiff or his attorney notice of the justification of the same or other sureties, specifying the place of residence and occupation of the latter, before the judge or clerk of the court where the action is pending, at a specified time and place, the time to be not less than five nor more than ten days thereafter. In case other bail is given, there shall be a new undertaking, in the form and to the effect prescribed in section 175 of this title.

(a) The qualifications of individual sureties for bail shall be as follows: (1) Each of them shall be a resident of the Virgin Islands. (2) Over and above all debts and liabilities, and exclusive of property exempt from execution, each surety shall be worth the amount specified in the writ of arrest or the amount to which the same may be reduced as provided in this chapter, except that - (A) the judge or clerk on justification may allow more than two sureties to justify severally for less than such amount, if the whole justification is equivalent to double such amount; and (B) if the court determines that one surety is sufficient, he shall be worth double such amount. (b) A corporate surety must be authorized and licensed to do business as a surety in the Virgin Islands. (c) No attorney, marshal, police officer, clerk of any court, or other officer of any court shall be permitted to become bail in any action.

For the purpose of justification each of the individual sureties for bail, or an authorized agent of the corporate surety for bail, shall appear before the judge or clerk at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the judge or clerk in his discretion may think proper. The examination shall be reduced to writing and subscribed by the individual surety or the agent for the corporate surety, if required by the plaintiff.

If the judge or clerk allows the bail as sufficient, he shall annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed with the clerk of the court in which the action is pending. The marshal shall thereupon be exonerated from liability.

(a) The defendant may at the time of his arrest, instead of giving bail, deposit with the marshal the amount mentioned in the writ. Thereupon the marshal shall give the defendant a certificate of the deposit made and the defendant shall be discharged from custody. (b) The marshal shall, within ten days after the deposit, pay the same into the court, and take from the clerk receiving the same two certificates of such payment, the one of which he shall deliver to the plaintiff or his attorney and the other to the defendant. For any default in making such payment, the same proceedings may be had on the official bond of the marshal to collect the sum deposited as in other cases of delinquency. (c) If money is deposited, as provided in subsections (a) and (b) of this section, bail may be given and justified upon notice, at any time before judgment, and on the filing of the undertaking and justification with the clerk the money deposited shall be refunded by such clerk to the defendant. (d) When money has been deposited, if it remains on deposit at the time of an order or judgment for the payment of money to the plaintiff, the clerk shall, under the direction of the court, apply the same in satisfaction thereof, and, after satisfying the judgment, shall refund the surplus, if any, to the defendant. If the judgment is in favor of the defendant the clerk shall refund to him the whole sum deposited and remaining unapplied.

There shall be allowed to the marshal for the food and maintenance of any defendant arrested under the provisions of this chapter two dollars per day, and the plaintiff shall be liable in the first instance for such expense, and if required by the marshal shall pay the same weekly in advance; and such expense so paid shall be added to the disbursements taxed or accruing in the case, and be collected as other disbursements. If the plaintiff fails to pay such expense for three days after a demand of payment, the marshal may discharge the defendant from custody.

(a) A defendant arrested may, at any time before judgment, apply on motion to the court in which the action is pending, upon notice to the plaintiff, to vacate the writ of arrest. (b) If a motion is made upon affidavits or other proofs on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs in addition to those upon which the writ was issued. If upon the hearing of such motion it satisfactorily appears that there was not sufficient cause to allow the writ, or other good cause which would entitle the defendant to be discharged on habeas corpus, the same shall be vacated, or in case he has given bail the court may discharge the same or reduce the amount thereof on good cause shown.

In an action to recover possession of personal property the plaintiff, at any time after the action is commenced, and before judgment, may claim the immediate delivery of such property, as provided in this chapter.

When a delivery is claimed an affidavit shall be made by the plaintiff, or by some one in his behalf, showing: (1) That the plaintiff is the owner of the property claimed (particularly describing it) or is lawfully entitled to the possession thereof by virtue of a special property therein, the facts in respect to which shall be set forth; (2) That the property is wrongfully detained by the defendant; (3) The alleged cause of the detention thereof, according to his best knowledge, information and belief; (4) That the same has not been taken for a tax, assessment or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff; or, if so seized, that it is by statute exempt from such seizure; and (5) The actual value of the property.

The plaintiff may thereupon by an indorsement upon the affidavit, require the marshal to take the property from the defendant and deliver it to the plaintiff.

Upon the receipt of the affidavit and endorsement thereon, with a written undertaking executed by two or more sufficient sureties approved by the marshal, to the effect that they are bound in double the value of the property as stated in the affidavit for the prosecution of the action for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may for any cause be recovered against the plaintiff, and after at least five days' written notice to the defendant of the plaintiff's intent to take possession of said property, and opportunity of the defendant to be heard thereon, the marshal shall forthwith take the property described in the affidavit, if it is in the possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the affidavit, indorsement thereon, and undertaking, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either with some person of suitable age and discretion; or, if neither have any known place of abode, by putting them in the post office directed to the defendant at the post office nearest to him. History: Amended May 16, 1974, No. 3567, § 2, Sess. L. 1974, p. 102.

The defendant may, within three days after the service of a copy of the affidavit and undertaking give notice to the marshal that he excepts to the sufficiency of the sureties. If he fails to do so, he shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify on notice in like manner as upon bail on arrest. The marshal shall be responsible for the sufficiency of the sureties until the objection to them is waived, as above provided, or until they justify or new sureties are substituted and justified. If the defendant excepts to the sureties, he cannot reclaim the property, as provided in section 216 of this title.

At any time before the delivery of the property to the plaintiff the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof upon giving to the marshal a written undertaking, executed by two or more sufficient sureties, to be approved by the marshal, to the effect that they are bound in double the value of the property as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant. If a return of the property is not so required within three days after the taking and service of a copy of the affidavit and undertaking to a defendant, it shall be delivered to the plaintiff, except as provided in section 221 of this title.

The defendant's sureties, upon a notice to the plaintiff or his attorney of not less than two nor more than six days, shall justify before the judge or the clerk of the court in which the action is pending, in the same manner as upon bail on arrest. Upon such justification the marshal shall deliver the property to the defendant. The marshal shall be responsible for the defendant's sureties until they justify, or until justification is completed or expressly waived, and may retain the property until that time; but if they or others in their place fail to justify at the time and place appointed he shall deliver the property to the plaintiff.

Qualifications of sureties and their justification shall be the same as prescribed in respect to bail upon an order of arrest.

If the property or any part thereof is concealed in a building or inclosure the marshal shall publicly demand its delivery. If it is not delivered he shall cause the building or inclosure to be broken open and take the property into his possession, and if necessary he may call to his aid the government of the Virgin Islands.

When the marshal has taken the property as in this chapter provided, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his lawful fees for taking and his necessary expenses for keeping the same. The marshal shall insure the property upon the request of, and payment of the premium by, any interested party. In the discretion of the court, such premium may be taxed as costs.

If the property taken is claimed by any other person than the defendant or his agent, and such person makes affidavit of his title thereto or his right to the possession thereof, stating the grounds of such title or right, and serves the same upon the marshal before the delivery of the property to the plaintiff, the marshal shall not be bound to keep the property or deliver it to the plaintiff unless the plaintiff, on demand of him or his agent, shall indemnify the marshal against such claim by an undertaking, executed by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution. No claim to such property by any other person than the defendant or his agent shall be valid against the marshal unless made as aforesaid; and notwithstanding such claim when so made he may retain the property a reasonable time to demand such indemnity.

The marshal shall file the affidavit, with his proceedings thereon including an inventory of the property taken, with the clerk of the court in which the action is pending within twenty days after taking the property mentioned therein.

The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment, as in this chapter provided, in the following cases: (1) In an action upon a contract, express or implied for the direct payment of money, and which is not secured by mortgage, lien, or pledge upon real or personal property, or, if so secured, when such security has been rendered nugatory by the act of the defendant. (2) In an action upon a contract, express or implied, against a defendant not residing in the Virgin Islands.

A writ of attachment shall be issued by the clerk of the court in which the action is pending, whenever the plaintiff or anyone in his behalf makes and files an affidavit showing: (1) That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness over and above all legal set-offs or counterclaims) upon a contract, express or implied, for the direct payment of money, and that the payment of the same has not been secured by any mortgage, lien, or pledge upon real or personal property; and (2) That the sum for which the attachment is asked is an actual, bona fide, existing debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought nor the action prosecuted to hinder, delay, or defraud any creditor of the defendant.

After filing the affidavit with the clerk, the plaintiff shall be entitled to have the writ issued as soon as he files with the clerk his undertaking, with one or more sureties, in a sum not less than one hundred dollars, and equal to the amount for which the plaintiff demands judgment, and to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages that he may sustain by reason of the attachment if the same be issued wrongfully or without sufficient cause, not exceeding the sum specified in the undertaking. With the undertaking the plaintiff shall also file the affidavits of the sureties from which affidavits it must appear that such sureties are qualified, and that, taken together, they are worth double the amount of the sum specified in the undertaking, over all debts and liabilities and property exempt from execution. No person not qualified to become surety for bail upon an arrest is qualified to become surety in an undertaking for an attachment.

The writ shall be directed to the marshal and shall require him to attach and safely keep all the property of such defendant not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which shall be stated in conformity with the complaint, together with costs and expenses.

The rights or shares which such defendant may have in the stock of any association or corporation, together with the interest and profits thereon, and all other property of such defendant in the Virgin Islands, not exempt from execution, shall be liable to be attached. The marshal shall note upon the writ the date of its delivery to him, and shall make a full inventory of the property attached, and return the same with the writ.

The marshal to whom the writ is delivered shall execute the same without delay, as follows: (1) Real property shall be attached by leaving with the occupant thereof, or if there be no occupant, in a conspicuous place therein, a copy of the writ certified by the marshal. (2) Personal property capable of manual delivery to the marshal, and not in the possession of a third person, shall be attached by taking it into his custody. (3) Other personal property shall be attached by leaving a certified copy of the writ, and a notice specifying the property attached, with the person having possession of the same, or if it be a debt, then with the debtor, or if it be rights or shares in the stock of an association or corporation or interest or profits thereof, then with such person or officer of such association or corporation as Rule 4 of the Federal Rules of Civil Procedure authorizes a summons to be served upon.

(a) From the date of the attachment until it is discharged or the writ executed, the plaintiff as against third persons shall be deemed a purchaser in good faith and for a valuable consideration of the property, real or personal, attached, subject to the conditions prescribed in section 258 of this title as to real property. (b) From the time of the service of a copy of the writ and notice until the attachment is discharged or any judgment recovered by the plaintiff is satisfied, any person, association, or corporation mentioned in paragraph (3) of section 256 of this title shall be liable to the plaintiff for the amount of the property, stock, or debts specified in the notice, unless such property, stock, or debts are delivered, transferred, or paid to the marshal.

If real property is attached, the marshal shall make a certificate containing the title of the cause, the names of the parties, a description of such real property, and a statement that the same has been attached at the action of the plaintiff and the date thereof. Within ten days from the date of attachment, the marshal shall deliver such certificate to the recorder of deeds who shall file and record the same in his office in the judicial division in which the property is located. When such certificate is so filed for record the lien in favor of the plaintiff shall attach to the real property described in the certificate from the date of the attachment, but if filed afterwards it shall only attach, as against the third persons, from the date of such subsequent filing. Whenever such lien shall be discharged it shall be the duty of the recorder, when requested, to record the transcript of any order, entry of satisfaction of judgment, or other proceeding of record whereby it appears that such lien has been discharged in the records. The recorder shall also enter on the margin of the page on which the certificate is recorded a minute of the discharge, and the page and book where recorded.

If any of the property attached is perishable, the marshal shall sell the same in the manner in which property is sold on execution. The proceeds thereof and other property attached shall be retained by him to answer any judgment that may be recovered in the action, unless sooner subjected to execution upon another judgment.

The marshal may deliver any of the property attached to the defendant, or to any other person claiming it, upon his giving a written undertaking thereof, executed by two or more sufficient sureties, engaging to redeliver it or pay the value thereof to the marshal, to whom execution upon a judgment obtained by the plaintiff in that action may be issued. If an action is brought upon such undertaking against the principal or his sureties, it shall be a defense that the property for which the undertaking was given did not, at the execution of the writ of attachment, belong to the defendant against whom it was issued.

If judgment is recovered by the plaintiff, and it shall appear that the property has been attached in the action and has not been sold as perishable property or discharged from the attachment as provided by law, the court shall order and adjudge the property to be sold to satisfy the plaintiff's demands, and if execution issues thereon, the marshal shall apply the property attached by him, or the proceeds thereof, upon the execution, and if there is any such property or proceeds remaining after satisfying such execution, he shall, upon demand, deliver the same to the defendant.

If judgment is not recovered by the plaintiff, all the property attached, or the proceeds thereof, or the undertaking thereof, shall be returned to the defendant upon his serving upon the marshal a certified copy of the order discharging the attachment.

(a) Whenever the defendant has appeared in the action he may apply upon notice to the plaintiff to the court in which the action is pending or to the clerk of such court, for an order to discharge the attachment upon the execution of the undertaking mentioned in subsection (b) of this section; and if the application is allowed, all the proceeds of sales of property remaining in the hands of the marshal shall be released from the attachment and delivered to the defendant upon his serving a certified copy of the order on the marshal. (b) Upon making the application the defendant shall deliver to the court to which the application is made an undertaking executed by one or more sureties, to the effect that the sureties will pay to the plaintiff the amount of the judgment that may be recovered against the defendant in the action. If the plaintiff demands it, the sureties shall be required to justify in the same manner as sureties for bail upon an arrest. (c) The defendant may, at any time before judgment, except where the cause of attachment and the cause of action are the same, apply to the court in which the action is pending to discharge the attachment, in the manner and with the effect as provided in section 185 of this title for the discharge of a defendant from arrest.

When the writ of attachment shall be fully executed or discharged, the marshal shall return the same, with his proceedings indorsed thereon to the clerk of the court where the action was commenced.

(a) Whenever the marshal with a writ of attachment against the defendant, applies to any person or officer mentioned in paragraph (3) of section 256 of this title, for the purpose of attaching any property mentioned therein, such person or officer shall furnish him with a certificate designating the amount and shall give a description of any property in his possession belonging to the defendant or any debt owing to the defendant, or the number of rights or shares of the defendant in the stock of the association or corporation, with any interest or profits or encumbrance thereon. If such person or officer refuses to do so, or if the certificate when given is unsatisfactory to the plaintiff, he may be required by the court in which the action is pending, to appear before the court and be examined on oath concerning the same, and disobedience to such order may be punished as contempt. (b) The order provided for in subsection (a) of this section shall require such person or officer to appear before such court at a time and place therein stated. In the proceedings thereafter upon such order such person or association or corporation shall be known as the garnishee. (c) Personal property mentioned in paragraph (3) of section 256 of this title may be delivered, transferred, or paid to the marshal without an action, and his receipt shall be sufficient discharge. (d) At any time before judgment the garnishee may discharge himself by delivering, transferring, or paying the property to the marshal.

After the allowance of the order and before such garnishee or officer thereof is thereby required to appear, or within a time to be specified in the order, the plaintiff may serve upon such garnishee or officer thereof written allegations and interrogatories touching any of the property liable to attachment as the property of the defendant, as provided in paragraph (3) of section 256 of this title and as to which such garnishee or officer thereof is required to give a certificate as provided in section 265 of this title.

On the day when the garnishee or officer thereof is required to appear before the court, he shall return the allegations and interrogatories of the plaintiff to the court with his written answer thereof, unless for good cause shown a further time is allowed. Such answer shall be on oath, and shall contain a full and direct response to all the allegations and interrogatories.

Judgment If the garnishee or officer thereof fails to answer, the court, on motion of the plaintiff, may compel him to do so, or the plaintiff may, at any time after the entry of judgment against the defendant in the action have judgment against the garnishee for want of such answer. In no case shall judgment be given against the garnishee for a greater amount than the judgment against the defendant in the action.

The plaintiff may except to the answer of the garnishee or officer thereof for insufficiency, within such time as may be prescribed or allowed, and if the same is adjudged insufficient, such garnishee or officer may be allowed to amend his answer on such terms as may be proper, or judgment may be given for the plaintiff as for want of answer, or such garnishee or officer may be compelled to give a sufficient answer.

The plaintiff may reply to the whole or part of the answer within such time as may be prescribed or allowed, and the issues arising thereon shall be tried as ordinary issues of fact between plaintiff and defendant. If the answer is not excepted or replied to within the time prescribed or allowed, it shall be taken to be true and sufficient. Witnesses, including the defendant and garnishee or officer thereof, may be required to appear and testify in the proceeding against a garnishee as upon the trial of an issue of fact.

If by the answer it appears, or if upon trial it is found, that the garnishee, at the time of the service upon him or the officer thereof of the copy of the writ of attachment and notice, had any property of the defendant liable to attachment as provided in paragraph (3) of section 256 of this title, and as to which such garnishee or officer thereof is required to give a certificate as provided in section 265 of this title beyond the amount admitted in the certificate, or in any amount if the certificate was refused, judgment may be given against such garnishee for the value thereof in money.

Executions may issue upon judgments against a garnishee as upon ordinary judgments between plaintiff and defendant, and costs and disbursements shall be allowed and recovered in like manner.

At the time of the application of the plaintiff for the order provided for in section 265 of this title and at any time thereafter before judgment against the garnishee, the court in its discretion may by order restrain the garnishee from paying, transferring, or in any manner disposing of or injuring any of the property of the defendant, alleged by the plaintiff to be in the garnishee's possession, control, or owing by him to the defendant, and disobedience to such order may be punished as a contempt.

The right of trial by jury as declared by the Seventh Amendment to the Constitution of the United States shall apply in civil actions in the District Court of the Virgin Islands, except as otherwise provided by law.

The trial jury in civil actions shall consist of twelve persons, unless the parties consent to a lesser number. The trial jury shall be drawn by lot by the clerk from a trial jury box containing the names of those who have been summoned and not excused as jurors under chapter 29 of Title 4.

(a) In civil cases each party shall be entitled to three peremptory challenges. Several defendants or several plaintiffs shall be considered as a single party for the purpose of making challenges. If there is more than one defendant the court may allow the defendants additional peremptory challenges and permit them to be exercised separately or jointly. (b) All challenges for cause or favor, whether to the array or panel or to individual jurors, shall be determined by the court.

As soon as the trial jury in a civil action has been selected, an oath or affirmation shall be administered to the jurors to the effect that they and each of them will well and truly try the matter in issue between the plaintiff and defendant, and a true verdict give according to the law and evidence.

When the jury has been selected and sworn, the trial shall proceed in the following order, unless the court for special reasons otherwise directs: (1) The plaintiff shall state briefly his cause of action, and the issue to be tried; the defendant shall then in like manner state his defense or counterclaim. (2) The plaintiff shall then introduce the evidence on his part, and when he has concluded the defendant shall do the same. (3) The parties may then respectively introduce rebutting evidence only, unless the court, for good reason and in furtherance of justice, permits them to introduce evidence upon the original cause of action, defense, or counterclaim. (4) Not more than one counsel shall be permitted to address the jury or court on behalf of a plaintiff or defendant, unless otherwise allowed by the court; and the court may limit the time to be consumed by counsel in arguing the cause. (5) When the evidence is concluded, unless the case is submitted by both sides without argument, the plaintiff shall commence and conclude the argument. If the plaintiff waives the opening argument, and the defendant then argues the case, the plaintiff shall be permitted only to reply to the argument of the defendant. (6) The court shall then charge the jury.

Whenever, in the opinion of the court, it is proper that the jury should have a view of real property which is the subject of the litigation, or of the place in which any material fact occurred, it may order the jury to be conducted in a body, in the custody of a proper officer, to the place, which shall be shown to them by the judge, or by a person appointed by the court for that purpose.

The jurors may be kept together in charge of a proper officer, or may, in the discretion of the court, at any time before the submission of the cause to them, be permitted to separate. In either case they may be admonished by the court that it is their duty not to converse with any other person, or among themselves, on any subject connected with the trial, or to express any opinion thereon, until the case is finally submitted to them.

After hearing the charge the jury may either decide in the jury box or retire for deliberation. If they retire they must be kept together in a room provided for them, or some other convenient place, under the charge of one or more officers, until they agree upon their verdict or are discharged by the court. The officer shall, to the utmost of his ability, keep the jury thus together separate from other persons. He shall not permit any communication to be made to them, nor make any himself unless by the order of the court, except to ask them if they have agreed upon their verdict, and he shall not, before the verdict is rendered, communicate to any person the state of their deliberation or the verdict agreed on. Before any officer takes charge of a jury this section shall be read to him, and he shall be then sworn to conduct himself according to its provisions, to the utmost of his ability.

If while the jury are kept together, either during the progress of the trial or after their retirement for deliberation, the court orders them to be provided with suitable and sufficient food and lodging, they shall be so provided by the marshal, at the expense of the party requesting the jury, which expense shall be taxed in the costs of the case.

Upon retiring for deliberation the jury may take with them the pleadings in the cause, and all papers which have been received as evidence on the trial (except depositions, or copies of such parts of public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession). They may also take with them notes of the testimony or other proceedings on the trial taken by themselves, or any of them, but none taken by any other person.

After the jury have retired for deliberation, if they desire to be informed on any point of law arising in the case, they may require the officer having them in charge to conduct them into court. Upon their being brought into court the instruction required shall be given by the court in the presence of or after notice to the parties or their attorneys.

Except in case of some accident or calamity requiring their discharge, the jury shall not be discharged after the cause is submitted to them until they have agreed upon a verdict and given it in open court, unless by the consent of both parties entered in the minutes or unless at the expiration of such period as the court deems proper it satisfactorily appears that there is no probability of an agreement of five-sixths of them. Five-sixths of the jury may render a verdict in civil actions.

When five-sixths of the jury have agreed upon their verdict they shall be conducted into court by the officer having them in charge. They shall be asked by the court or the clerk whether they have agreed upon their verdict, and if the foreman answers in the affirmative he shall, on being required, declare the same.

When a verdict is given and before it is filed, the jury may be polled on the request of either party, for which purpose each shall be asked whether it is his verdict. If more than one-sixth of the jurors answer in the negative, the jury shall be sent out for further deliberation. If the verdict is informal or insufficient, it may be corrected by the jury under the advice of the court, or the jury may again be sent out.

When the verdict is given, and is such as the court may receive, and the jury is not again sent out, the clerk shall file the verdict. The verdict is then complete, and the jury shall be discharged from the case. The verdict shall be in writing, and under the direction of the court shall be substantially entered in the minutes as of the day's proceedings on which it was given.

In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant by his answer claims a return thereof, the jury shall assess the value of the property, if their verdict is in favor of the plaintiff or if they find in favor of the defendant and that he is entitled to a return thereof, and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the detention or taking and withholding of such property.

(a) On the confession of the defendant, with the assent of the plaintiff of his attorney, judgment may be given against the defendant in any action, before or after answer, for any amount or relief not exceeding or different from that demanded in the complaint. (b) When the action is against a public corporation or a private corporation, the confession shall be made by the person who at the time sustains the relation to such corporation as would authorize the service of a summons upon him. In all other cases the confession shall be made by the defendant in person. (c) When the action is upon a contract, and against one or more defendants jointly liable, judgment may be given on the confession of one or more defendants against all the defendants thus jointly liable, whether such defendants have been served with the summons or not, to be enforced only against their joint property and against the joint and separate property of the defendant making the confession. (d) The confession and assent thereto shall be in writing, and subscribed by the parties or their attorneys making the same, and acknowledged by each before an officer authorized to take acknowledgments of deeds, but the acknowledgment is not required if the parties or their attorney appear in court when the judgment is given. In all cases the confession and assent thereto and the acknowledgment, if any, shall be filed with the clerk.

(a) On the confession of any person capable of being made a party defendant to an action, judgment may be given against such person without action, in favor of anyone, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant in such judgment, or both, if it is in favor of the same person. (b) The confession shall be made, assented to and acknowledged, and judgment given in the same manner as a confession in an action pending. The confession shall be verified by the oath of the party making it, and shall authorize a judgment to be given for a particular sum. If it is for money due or to become due it shall state plainly and concisely the facts out of which such indebtedness arose, and shall show that the sum confessed therefor is justly due or to become due. (c) If it is for the purpose of securing the plaintiff in the judgment against a contingent liability, it shall state plainly and concisely the facts constituting such liability and shall show that the sum confessed therefor does not exceed the same. When judgment is given so as to be payable in installments, executions may issue to enforce the payment of such installments, as they become due.

(a) Parties to a question in controversy, which might be the subject of an action in a court of record may submit the same to the determination of such court without action, as provided in this section. (b) The parties as plaintiff and defendant shall state, in writing, a case containing the facts upon which the controversy depends, and subscribe the same in person or by their attorneys. Such statement shall be verified by the oaths of the parties, or, where there is more than one plaintiff or defendant, by at least one of each, to the effect that the controversy is real, and the proceeding is taken in good faith to determine the rights of the parties. Where either party to the controversy is a public or private corporation, the statement of the case may be subscribed and verified by any person who at the time sustains the relation to such corporation as would authorize the service of a summons upon him. (c) The statement shall be filed with the clerk of the court and from the date of the filing the court shall have jurisdiction of the controversy as if the same were an action pending after a special verdict found, and shall proceed to hear and determine it accordingly.

In an action to recover the possession of personal property judgment for the plaintiff may be for the possession, or the value thereof in case a delivery cannot be had, and damages for the detention thereof. If the property has been delivered to the plaintiff and defendant claims a return thereof, judgment for the defendant may be for a return of the property, or the value thereof in case a return cannot be had, and damages for taking and withholding the same.

(a) At any time after the entry of judgment, while an execution may issue upon such judgment, and the same remains unsatisfied in whole or in part, the judgment creditor, or his representative in case of his death, may file a certified transcript of the judgment in the office of the recorder of deeds in either or both of the judicial divisions of the Virgin Islands. (b) Upon the filing of such transcript, the recorder shall docket the same in the judgment docket of his office and note the same in the property register against such property or properties of the judgment debtor situate in the judicial division as may be requested by the judgment creditor in writing, which shall be filed with the transcript of the judgment. Such judgment may be noted against all after acquired property of the judgment debtor with like effect, upon the request of the judgment creditor. (c) From the date of docketing the transcript of a judgment, such judgment shall be a lien against the judgment debtor's real property against which it is noted as provided in this section. A conveyance of real property or any portion thereof or interest therein shall be subject to the lien of a judgment unless such conveyance has been recorded at the time of docketing the transcript of such judgment. (d) Whenever a period of ten years elapses after the entry of judgment without an execution being issued on such judgment, the lien thereof shall expire. (e) The term "judgment" as used in the section shall include any determination by a court or the hearing officer (as defined in Title 16, section 341 of this Code) that a person's child support obligation is overdue. Notwithstanding the provision of subsection (d) of this section, a judgment for overdue child support shall not expire. History: Amended May 14, 1986, No. 5161, § 8, Sess. L. 1986, p. 53.

(a) The rate of interest on judgments and decrees for the payment of money shall be 4 percent per annum. (b) Notwithstanding the provisions of title 11, section 951(a)(1) and title 33, section 3408(a), of this code, or any other law, pre-judgment interest shall not be charged against the Government of the Virgin Islands on any judgment or decree for the payment of money by the Government. History: Amended Feb. 24, 1975, No. 3675, § 1, Sess. L. 1975, p. 9; Feb. 1, 2001, No. 6391, § 2(s), Sess. L. 2000, p. 497.

In any cause of action alleging damages for medical expenses or lost income sustained by or on behalf of a party, including, without limitation, actions alleging damages for bodily injury, death or property damage, or any combination thereof, the collateral source rule shall not be applied. Any party may introduce evidence that the other party who is claiming damages for medical expenses or lost income has received, or is entitled to receive, other compensation for such damages, including, but not limited to benefits from workmen's compensation, medical and hospital insurance, prepaid health care, social security, retirement or pension, and any employer paid program, such as wage continuation and disability benefits programs. Nothing in this section shall be construed to reduce any award where there is a statutory lien against the judgment as a result of a third party payment. History: Added June 20, 1986, No. 5176, § 1(b), Sess. L. 1986, p. 179; amended Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 239.

Subject to the provisions of the Federal Rules of Civil Procedure, the person in whose favor a judgment is given in the district court or the Superior Court which requires the payment of money, the delivery of real or personal property, or either of them, may have a writ of execution issued for its enforcement, as provided in this chapter. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

There shall be three kinds of executions: One against the property of the judgment debtor, another against his person, and the third for the delivery of the possession of real or personal property, or such delivery with damages for withholding the same.

The writ of execution shall be issued by the clerk and directed to the marshal. It shall contain the name of the court, the names of the parties to the action, and the title thereof. It shall substantially describe the judgment, and if it is for money, shall state the amount actually due thereon and shall require the marshal substantially as follows: (1) If it is against the property of the judgment debtor and the judgment directs particular property to be sold, it shall require the marshal to sell such property and apply the proceeds as directed by the judgment; otherwise it shall require the marshal to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of the real property belonging to him on which the judgment has become a lien as provided in section 425 of this title; (2) If it is issued after the death of the judgment debtor and is against real or personal property, it shall require the marshal to satisfy the judgment, with interest, out of any property belonging to the deceased debtor in the hands of the debtor's personal representatives, heirs, devisees, legatees, tenants of real property, or trustees as such; (3) If it is against the person of the judgment debtor, it shall require the marshal to arrest such debtor and commit him to jail until he pays the judgment, with interest, or is discharged according to law; (4) If it is for the delivery of the possession of real or personal property, it shall require the marshal to deliver the possession of the same, particularly describing it, to the party entitled thereto and may at the same time require the marshal to satisfy any costs, damages, charges, or rents, and profits recovered by the same judgment out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered to be specified therein, if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of the real property as provided in the first subdivision of this section, and in that respect it is to be deemed an execution against property.

The marshal shall endorse upon the writ of execution the time when he received the same, and such writ shall be promptly executed by the marshal and shall be returnable, within sixty days after its receipt by the marshal, to the clerk's office from which it is issued. History: Amended Mar. 29, 1968, No. 2132, Sess. L. 1968, Pt. I, p. 387.

If the action is one in which the defendant might have been arrested, as provided by section 172 of this title, an execution against the person of the judgment debtor may be issued after the return of the execution against his property unsatisfied in whole or in part as follows: (1) When it appears from the record that the cause of action is also a cause for arrest, as prescribed in said section 172, such execution may issue of course; (2) When no such cause of arrest appears from the record, such execution may issue for any of the causes prescribed in said section 172 that may exist at the time of the application therefor upon leave of the court or judge thereof; (3) When the defendant has been provisionally arrested in the action, or an order has been made allowing such arrest, and in either case the order has not been vacated, such execution may issue of course; (4) When execution is issued against the person of the defendant by leave of the court, it shall be applied for and allowed in the manner provided in section 173 of this title, for allowing a writ of arrest, except that the undertaking need not be for an amount exceeding the judgment. A defendant arrested on execution, who has not been arrested provisionally, may at any time be discharged from such arrest for the causes and in the manner provided in sections 184 and 185 of this title for the discharge of a defendant who has been provisionally arrested.

A person arrested on execution shall be imprisoned in jail, and kept at his own expense until satisfaction of the execution, or his legal discharge, but the judgment creditor shall be liable in the first instance for such expense, as in other cases of arrest, in the same manner and to the same extent as prescribed in section 184 of this title.

Notwithstanding the death of a party after judgment, execution thereon against his property or for the delivery of real or personal property may be issued, and executed in the same manner and with the same effect as if he were still living, but such execution shall not issue within six months from the granting of letters testamentary or of administration upon the estate of such party without leave of the court having authority to issue letters testamentary or of administration upon said estate.

(a) The homestead of any family, or the proceeds thereof, shall be exempt from judicial sale for the satisfaction of any liability hereafter contracted or for the satisfaction of any judgment hereafter obtained on such debt. Such homestead must be the actual abode of and owned by such family or some members thereof. It shall not exceed three hundred thousand dollars in value, nor exceed five acres in extent if not located in a town laid off into blocks or lots, or if located in any such town, then it shall not exceed one- fourth of one acre. (b) When any officer levies upon such homestead, the owner thereof, or the wife, husband, agent, or attorney of such owner, may notify such officer that he claims such premises as his homestead, describing the same by metes and bounds, lot or block, whereupon such officer shall notify the creditor of such claim, and if such homestead exceeds the maximum in this section, and he deems it of greater value than three hundred thousand dollars, then he may direct the marshal to sell such property and pay to the creditor such amount received in excess of thirty thousand dollars after first defraying the costs. (c) This section does not apply to decrees for the foreclosure of any mortgage properly executed, but if the owners of the homestead are married, it does apply unless the mortgage is executed by husband and wife. History: Amended April 10, 1979, No. 4273, § 1, Sess. L. 1979, p. 19; amended Dec. 6, 2013, No. 7571, § 1, Sess. L. 2013, p. 269.

(a) All property other than the homestead, including franchises or rights or interests therein, of the judgment debtor shall be liable to an execution, except as in this section provided. The following property shall be exempt from execution if selected and reserved by the judgment debtor or his agent at the time of the levy, or as soon thereafter before sale thereof as the same shall be known to him, and not otherwise. (1) Necessary wearing apparel owned by any person for the use of himself or his family, except that watches or jewelry shall not be exempt by virtue of this subdivision. (2) The tools, implements, apparatus or library necessary to enable any artisan, mechanic or professional person to carry on the trade, occupation or profession by which such person habitually earns his living. (3) The following property, if owned by the head of a family and in actual use or kept for use by and for his family, or when being removed from one habitation to another on a change of residence: Household goods, furniture, and utensils to the value of three thousand dollars. (4) All property of any public corporation or the government of the Virgin Islands. (b) No article of property or if the same has been sold or exchanged, then neither the proceeds of such sale nor the articles received in exchange therefor, shall be exempt from execution issued on a judgment recovered for its price. History: Amended Apr. 10, 1979, No. 4273, § 2, Sess. L. 1979, p. 19.

When a writ of execution is against the property of the judgment debtor, it shall be executed by the marshal as follows: (1) If property has been attached, he shall indorse on the execution, and pay to the clerk forthwith the amount, if any, of the proceeds of sales of perishable property, or debts due the defendant received by him, sufficient to satisfy the judgment. (2) If the judgment is not then satisfied and property has been attached and remains in his custody he shall sell the same or sufficient thereof to satisfy the judgment. (3) If then any portion of the judgment remains unsatisfied, or if no property has been attached, or the same has been discharged, he shall levy on the property of the judgment debtor sufficient to satisfy the judgment. (4) Property shall be levied on in like manner and with like effect as similar property is attached, as provided in sections 256, 257, and 265 of this title, omitting the filing of the certificate provided for in section 258 of this title. (5) Until a levy, property shall not be affected by the execution. When property has been sold or payments received by the marshal on execution, he shall pay the proceeds thereof, or sufficient to satisfy the judgment, to the clerk by the day on which the writ is returnable and the clerk shall pay such proceeds to the judgment creditor for whose benefit the property was sold. (6) When property has been attached, and it is probable that such property will not be sufficient to satisfy the judgment, the execution may be levied on other property of the judgment debtor without delay. If after satisfying the judgment any property or the proceeds remain in the custody of the marshal he shall deliver the same to the judgment debtor. History: Amended Mar. 5, 2005, No. 6727, § 13(1), Sess. L. 2005, p. 57.

In the case of property in the possession of or owing from any garnishee mentioned in section 265 of this title, the marshal shall proceed as follows: (1) If it appears from the certificate of the garnishee that he owes a debt to the judgment debtor, which is then due, if such debt is not paid by such garnishee to the marshal on demand, he shall levy on the property of the garnishee for the amount thereof, in all respects as if the execution was against the property of the garnishee. But if such debt is not then due, the marshal shall sell the same according to the certificate, as other property. (2) If in like manner it appears that the judgment debtor has rights or shares in the stock of the garnishee, as provided in section 265 of this title, the marshal shall sell the same according to the certificate as other property. (3) If in like manner it appears that the garnishee has other personal property of the judgment debtor in his possession, and the same has not been bailed to such garnishee for a period then unexpired, unless the same is delivered to the marshal on demand he shall levy upon the same wherever he may find it. But if such property is in the possession of such garnishee, upon a bailment then unexpired, the marshal shall sell the same, or the interest of the judgment debtor therein, according to the certificate, as other property.

When a marshal with an execution levies upon any of the personal property mentioned in paragraph (3) of section 256 of this title, and if the same is not delivered, paid, or transferred to him at the time, and the garnishee furnishes him the certificate required in section 265 of this title, he shall proceed thereafter in reference to such property as provided in section 480 of this title. Such property may be delivered, paid, or transferred to the marshal at the time of levy or sufficient thereof to satisfy the execution and the marshal's receipt to the person, association, or corporation, as the case may be, shall be a sufficient discharge therefor.

When the marshal levies upon personal property by virtue of an execution, he may permit the judgment debtor to retain the same or any part thereof in his possession until the day of sale upon the defendant executing a written undertaking to the marshal with sufficient surety in double the value of such property to the effect that it shall be delivered to the marshal at the time and place of sale. For nondelivery of the property, the marshal or the judgment creditor may enforce the liability of the judgment debtor and sureties on the undertaking by motion as provided in section 176 of this title, but the marshal shall not thereby be discharged from his liability to the plaintiff for such property.

(a) Before the sale of property on execution, a written or printed notice of the time and place of sale, particularly describing the property shall be- (1) posted in a public place in or near the office of the clerk of the court in the judicial division or jurisdiction in which the sale is to take place; and (2) published in a newspaper which is published in the judicial division in which the sale is to take place. (b) In the case of personal property, such notice shall be posted and published once not less than ten days prior to the day of sale. (c) In the case of real property, such notice shall be posted for four weeks prior to the day of sale and shall be published once a week for the same period.

All sales of property upon execution shall be made by auction at any time between nine o'clock in the morning and four o'clock in the afternoon. After sufficient property has been sold to satisfy the execution no more shall be sold. Neither the officer holding the execution nor his deputy shall become a purchaser or be interested in any purchase at such sale. When the sale is of personal property capable of manual delivery and not in the possession of a third person, association or corporation it shall be within view of those who attend the sale and be sold in such parcels as are likely to bring the highest price, and when the sale is of real property and consists of several known lots or parcels they shall be sold separately or otherwise, as is likely to bring the highest price, or when a portion of such real property is claimed by a third person and he requires it to be sold separately, such portion of it shall be sold separately.

If, at the time appointed for the sale, the marshal should be prevented from attending at the place appointed, or, being present, should deem it for the advantage of all concerned to postpone the sale for want of purchasers, or other sufficient cause, he shall postpone the sale giving notice of every adjournment by public proclamation made at the same time. The marshal for like causes may also adjourn the sale from time to time, not exceeding thirty days beyond the day at which the writ is made returnable, with the consent of the plaintiff, indorsed upon the writ and approved by the court.

When the purchaser of any personal property capable of manual delivery, and not in the possession of a third person, association, or corporation, shall pay the purchase money, the marshal shall deliver to him the property, and if desired shall give him a bill of sale containing an acknowledgment of the payment. In all other sales of personal property the marshal shall give the purchaser a bill of sale with the like acknowledgment.

Whenever, after the entry of judgment, a period of five years shall elapse without an execution being issued on such judgment, thereafter an execution shall not issue except as in this section provided: (1) The party in whose favor a judgment was given shall file a motion with the clerk of the court where the judgment was entered for leave to issue an execution. The motion shall state the names of the parties to the judgment, the date of its entry, and the amount claimed to be due thereon, or the particular property on which the possession was thereby adjudged to such party remaining undelivered. The motion shall be subscribed and verified in like manner as a complaint in an action. (2) At any time after filing such motion the party may cause a summons to be served on the judgment debtor in like manner and with like effect as in an action. In case such judgment debtor is dead, the summons may be served upon his representative by publication as in the case of a non-resident, or by actual service of the summons. (3) The summons shall be substantially the same as in an action, but instead of a notice therein required it shall state the amount claimed or the property sought to be recovered, in the manner prescribed in subdivision (1) of this section. (4) The judgment debtor, or his representatives in case of his death, may file an answer to such motion within the time allowed to answer a complaint in an action, alleging any defense to such motion which may exist. If no answer is filed within the time prescribed the motion shall be allowed of course. (5) The word "representative" in this section shall be deemed to include any or all of the persons mentioned in subdivision (2) of section 473 of this title, in whose possession property of the judgment debtor may be which is liable to be taken and sold or delivered in satisfaction of the execution and not otherwise. (6) The order shall specify the amount for which execution is to issue, or the particular property possession of which is to be delivered; it shall be entered in the minutes and docketed as a judgment.

Whenever real property is sold on execution the provisions of this section shall apply to the subsequent proceedings: (1) The plaintiff in the writ of execution shall be entitled, on motion therefore, to have an order confirming the sale, unless the judgment debtor, or his representative in case of his death, files with the clerk his objections thereto within five days after the return thereof. If no such objections are filed within such five days, the clerk shall issue an order confirming the sale. (2) If such objections are filed, the court shall, within 30 days of the date of the sale, rule on such objections, or shall hear arguments on such objections and rule within 30 days of such hearing; otherwise the objections shall be deemed denied and notwithstanding such objections, the court shall allow the order confirming the sale, unless on the hearing of the motion it shall satisfactorily appear that there were substantial irregularities in the proceedings concerning the sale, to the probable loss or injury of the party objecting. In the later case, the court shall disallow the motion and direct that the property be resold, in whole or in part, as the case may be, as upon an execution received on that date. (3) Upon the return of the execution, the marshal shall pay the proceeds of the sale to the clerk, who shall then apply the same, or so much thereof as may be necessary, in satisfaction of the judgment. If an order of resale is afterwards made, and the property sells for a greater amount to any person other than the former purchaser, the clerk shall first repay to such purchaser the amount of his bid out of the proceeds of the latter sale. (4) Upon a resale the bid of the purchaser at the former sale shall be deemed to be renewed and continue in force, and no bid shall be taken except for a greater amount. An order confirming a sale shall be a conclusive determination of the regularity of the proceedings concerning such sale, as to all persons, in any other action, or proceeding whatever. (5) If, after the satisfaction of the judgment, there are any proceeds of the sale remaining, the clerk shall pay such proceeds to the judgment debtor, or his representatives, as the case may be, at any time before the order is made, upon the motion to confirm the sale, provided such party files with the clerk a waiver of all objections made or to be made to the proceedings concerning the sale; but if the sale is confirmed, such proceeds shall be paid to such party of course, otherwise, they shall remain in the custody of the clerk until the sale of the property has been disposed of. History: Amended Mar. 5, 2005, No. 6727, § 13(2), Sess. L. 2005, p. 57.

If the purchaser of real property sold on execution, or his successors in interest, are evicted therefrom in consequence of the reversal of the judgment, he or they may recover the price paid, with legal interest and the costs and disbursements of the action by which he or they were evicted, from the plaintiff in the writ of execution.

When property liable to an execution against several persons is sold thereon, and more than a due proportion of the judgment is levied upon the property of one of them, or one of them pays without a sale more than his proportion, he may compel contribution from the others. When a judgment is against several, and is upon an obligation or contract of one of them as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal. In such cases the person so paying or contributing shall be entitled to the benefit of the judgment to enforce contribution or repayment, if within thirty days after his payment he files with the clerk of the court where the judgment was rendered notice of his payment and claim to contribution or repayment; upon filing such notice the clerk shall make an entry thereof in the margin of the docket where the judgment is entered.

Upon a sale of real property, when the estate is less than a leasehold of two years' unexpired term, the sale shall be absolute. In all other cases such property shall be subject to redemption as hereinafter provided in this chapter. At the time of sale the marshal shall give to the purchaser a certificate of the sale containing: (1) A particular description of the property sold; (2) The price bid for each distinct lot or parcel; (3) The whole price paid; and (4) When subject to redemption, it shall be so stated. The matters contained in such certificate shall be substantially stated in the marshal's return of his proceedings upon the writ.

Property sold subject to redemption, as provided in section 492 of this title, or any part thereof separately sold, may be redeemed by the following persons, or their successors in interest: (1) The judgment debtor, or his successor in interest, in the whole or any part of the property separately sold. (2) A creditor having a lien by judgment, or mortgage, on any portion of the property, or any portion of any part thereof separately sold, subsequent in time to that on which the property was sold. The persons mentioned in this subdivision, after having redeemed the property, are to be termed redemptioners.

A lien creditor may redeem the property within sixty days from the date of the order confirming the sale by paying the amount of the purchase money with interest at the legal rate per annum thereon from the time of sale, together with the amount of any taxes which the purchaser may have paid thereon; and if the purchaser is also a creditor having a lien prior to that of the redemptioner, the amount of such lien with interest.

If the property is redeemed as provided in section 494 of this title, any other lien creditor may, within sixty days from the last redemption, again redeem it on paying the sum paid on the last redemption, with interest at the legal rate per annum thereon from the date of the last preceding redemption in addition, together with any taxes which the last redemptioner may have paid thereon and, unless his lien is prior to that of such redemptioner, the amount of such lien, with interest. The property may be again, and as often as any lien creditor or redemptioner is disposed, redeemed from the last previous redemptioner, within sixty days from the date of the last redemption, on paying the sum paid on the last previous redemption, with interest at the legal rate per annum thereon from the date of such previous redemption, together with the amount of any taxes paid thereon by such last redemptioner, and the amount of any liens held by such last redemptioner prior to his own, with interest.

The judgment debtor or his successor in interest may redeem the property at any time prior to the confirmation of sale on paying the amount of the purchase money, with interest at the legal rate per annum thereon from the date of sale, together with the amount of any taxes which the purchaser may have paid thereon after the purchase. If the judgment debtor does not redeem until after the confirmation of the sale, thereafter he shall redeem within six months from such order of confirmation and not otherwise. History: Amended Mar. 5, 2005, No. 6727, § 13(3), Sess. L. 2005, p. 58.

If redemption is not made as prescribed in this chapter, or when redemption is made and a period of sixty days elapses without any other redemption, the purchaser or the redemptioner, as the case may be, shall be entitled to a conveyance by the marshal. If the judgment debtor redeems at any time before the time for redemption expires, the effect of the sale shall terminate, and he shall be restored to his estate.

The mode of redeeming shall be as provided in this section. The person seeking to redeem may redeem by paying to the marshal the sum required. The marshal shall give the person redeeming a certificate, as in case of sale on execution, adding therein the sum paid on redemption, from whom redeemed, and the date thereof and shall at once give notice of such redemption to the party from whom redeemed. A party seeking to redeem shall submit to the marshal the evidence of his right thereto, as follows: (1) If he is a lien creditor, a copy of the judgment under which he claims the right to redeem, certified by the clerk of the court where such judgment is docketed, or if he seeks to redeem upon a mortgage, the certificate of the record thereof. (2) A copy of any assignment necessary to establish his claim, verified by the affidavit of himself or agent showing the amount then actually due on the judgment or mortgage. (3) If the prior redemptioner or purchaser has a lien prior to that of the lien creditor seeking to redeem, such redemptioner or purchaser shall submit to the marshal the like evidence thereof and of the amount due thereon, or the same may be disregarded. When two or more persons apply to the marshal to redeem at the same time he shall allow the person having the prior lien to redeem first, and so on. The marshal shall immediately pay the money over to the person from whom the property is redeemed, if he attends at the redemption, or if not, at any time thereafter when demanded. Where a marshal wrongfully refuses to allow any person to redeem, his right thereto shall not be prejudiced thereby and upon the submission of the evidence and the tender of the money to the marshal as herein provided, he may be required by order of the court to allow such redemption.

Until the expiration of the time allowed for redemption, the court or judge thereof may restrain the commission of waste on the property by order granted with or without notice, on the application of the purchaser or judgment creditor. It shall not be deemed waste for the person in possession of the property at the time of sale or entitled to possession afterwards during the period allowed for redemption to continue to use it in the same manner in which it was previously used, or to use it in the ordinary course of husbandry, or to make the necessary repairs to buildings thereon, or to use wood or timber on the property therefor or for the repair of fences, or for fuel in his family while he occupies the property.

The purchaser from the day of sale until a resale or a redemption, and a redemptioner from the day of his redemption until another redemption, shall be entitled to the possession of the property purchased or redeemed, unless the same be in the possession of a tenant holding under an unexpired lease, and in such case shall be entitled to receive from such tenant the rents or the value of the use and occupation thereof during the same period. Any purchaser or prior redemptioner or both as the case may be, shall be entitled to cultivate and to reap, harvest, cut, etc., the first crop or any crops which he may have planted prior to the redemption.

Judgment Debtor After the issuance of an execution against property; and upon proof by the affidavit of the plaintiff in the writ, or otherwise, to the satisfaction of the court that the judgment debtor has property liable to execution which he refuses to apply toward the satisfaction of the judgment, such court may, by an order, require the judgment debtor to appear and answer under oath concerning the same before such court or before a district court commissioner, at a time and place specified in the order.

Levy Thereon Either party may examine witnesses in his behalf, and if by such examination it appear that the judgment debtor has any property liable to execution the court before whom the proceeding takes place, or to whom the report of the commissioner is made, shall make an order requiring the judgment debtor to apply the same in satisfaction of the judgment, or that such property be levied on, by execution, in the manner and with the effect as provided in this chapter or both, as may seem most likely to effect the object of the proceeding.

At the time of allowing the order prescribed in section 502 of this title, or at any time thereafter pending the proceeding, the court may make an order restraining the judgment debtor from selling, transferring, or in any manner disposing of any of his property liable to execution pending the proceeding. For disobeying any order or requirement authorized by this section and sections 501 and 502 of this title, the judgment debtor may be punished as for a contempt.

Instead of the order requiring the attendance of the judgment debtor, as provided in sections 501 - 503 of this title, the court may, upon proof by affidavit of the party, or otherwise to its satisfaction that there is danger of the debtor leaving the Virgin Islands, or concealing himself therein, and that there is reason to believe he has property which he unjustly refuses to apply to such judgment, issue a warrant requiring the marshal to arrest him and bring him before the court. Upon being brought before the court, he may be examined on oath, and if it then appears that there is danger of the debtor leaving the Virgin Islands, and that he has property which he unjustly refuses to apply to such judgment, he may be ordered to enter into an undertaking with one or more sureties that he will from time to time attend before the court, as may be directed, and that he will not, during the pendency of the proceedings, dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to jail by warrant of the court.

Whenever the marshal, with an execution against the property of the judgment debtor, applies to any person or officer mentioned in subdivision (3) of section 256 of this title for the purpose of levying on any property therein mentioned, such person or officer shall forthwith give to the marshal a certificate in the manner prescribed in section 265 of this title. If such person or officer refuses to do so, or if the certificate is unsatisfactory to the plaintiff in the writ, he may in like manner have the order prescribed in such section against such person or officer. Thereafter the proceedings upon such order shall be conducted in the manner prescribed in sections 265 - 273 of this title.

No public officer shall be liable as garnishee for moneys in his possession as such officer, belonging to or claimed by any judgment debtor, except pursuant to an attachment or execution levied under the provisions of chapter 44 of this title. History: Amended Apr. 23, 1968, No. 2160, § 3, Sess. L. 1968, Pt. I, p. 444.

(a) As used in this chapter the term "wages" means- (1) wages, salaries, commissions, or other remuneration for services performed by an employee for his employer including any such remuneration measured partly or wholly by percentages or share of profits, or by other sums based upon work done or results produced, whether or not the employee is given a drawing account; and (2) any drawing account made available to an employee by his employer. The term "wages" does not include any amount paid or payable to an employee who is not a resident of the Virgin Islands as remuneration for services performed within the Virgin Islands, if the period for which the employee is engaged by the employer to perform such services within the Virgin Islands is less than fifteen (15) consecutive days' duration; and any such amount shall be subject to attachment or execution without regard to this chapter. (b) As used in this chapter, the terms "employer" and "employer-garnishee" shall include the Government of the Virgin Islands and all departments and other instrumentalities thereof. History: Added April 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 439; amended Oct. 12, 1985, No. 5104, § 6(a), Sess. L. 1985, p. 146; May 14, 1986, No. 5161, § 9(a), Sess. L. 1986, p. 54.

Priority (a) Notwithstanding any other provision of law, where an attachment or an execution on a judgment is levied upon wages due a judgment debtor from an employer-garnishee under the provisions of this title, the attachment or execution (referred to as the "levy" in the remainder of this chapter) may become a lien and a continuing levy upon the gross wages due or to become due to the judgment debtor for the amount specified in the levy, if so decreed by the courts, but subject to the following limitation: ten percent (10%) of so much of the gross wages as exceeds thirty dollars ($30) due or to become due to the judgment debtor from the employer-garnishee for any weekly pay period, or its equivalent for any pay period of a different duration. (b) The lien shall be a continuing levy until the judgment, interest, and costs thereof are fully satisfied and paid, and in no event may moneys be withheld by the employer-garnishee from the judgment debtor in amounts greater than those prescribed by this section. Only one levy upon the wages of the judgment debtor may be satisfied at one time. Where more than one levy is issued upon the wages of the same judgment debtor and served upon the same employer-garnishee, the levy first delivered to the marshal shall have priority, and all subsequent levies shall be satisfied in the order of priority according to the dates when they were so delivered to the marshal. (c) The percentage limitation prescribed by this section does not apply in the case of execution upon a judgment, order, or decree of any court in the Virgin Islands for the payment of any sum for the support or maintenance of a person's spouse or former spouse and any such execution, judgment, order or decree shall, in the discretion of the court, have priority over any levy that is subject to the provisions of this chapter. In the case of execution upon such a judgment, order, or decree for the payment of such sum for support or maintenance, the limitation shall be fifty percent (50%) of the gross wages due or to become due to any such person for the pay period or periods ending in any calendar month. (d) The provisions of this chapter shall not apply to any execution, judgment, order or decree for the payment by a person of support or maintenance for his or her children. Such executions, judgments, orders or decrees shall be governed by Title 16, chapter 13, subchapter 1 of this Code and shall in all instances take priority over any levy governed by the provisions of this chapter. History: Added Apr. 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 440; amended Oct. 12, 1985, No. 5104, § 6(b), Sess. L. 1985, p. 146; May 14, 1986, No. 5161, § 9(b), (c), Sess. L. 1986, p. 54.

(a) Except as provided in subsection (b) of this section an employer upon whom levy is served, and who- (1) at the time is indebted for wages to an employee who is the judgment debtor named in the levy, or (2) becomes so indebted to the judgment debtor in the future, shall, while the levy remains a lien upon such indebtedness, withhold and pay the judgment creditor or his legal representative, within fifteen days after the close of the last pay period of the judgment debtor ending in each calendar month, that percentage of the gross wages payable to the judgment debtor for the pay periods in such calendar month to which the judgment creditor is entitled under any levy until such levy is wholly satisfied. (b) Upon written notice of any court proceeding attacking the levy or the judgment on which it is based the employer shall make no further payments to the judgment creditor or his legal representative until receipt of an order of court terminating the proceedings. (c) Any payments made by an employer-garnishee in conformity with this chapter shall be a discharge of the liability of the employer to the judgment debtor to the extent of the payment. History: Added April 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 441.

(a) The judgment creditor shall- (1) file with the clerk of the court every three months after the serving of levy upon an employer- garnishee a receipt showing the amount received and the balance due under the levy as of the date of filing; (2) file a final receipt with the court and furnish a copy thereof to the employer-garnishee; and (3) obtain a vacation of the levy within twenty (20) days after such levy has been satisfied. (b) If the judgment creditor fails to file any of the receipts prescribed by subsection (a) of this section, any interested party may move the court to compel the defaulting judgment creditor to appear in court and make an accounting forthwith. The court may, in its discretion, enter judgment for any damages, including a reasonable attorney's fee suffered by, and tax costs in favor of, the party filing the motion to compel the accounting. History: Added Apr. 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 441; amended Oct. 12, 1985, No. 5104, § 6(c), (d), Sess. L. 1985, p. 146.

Percentages If the employer-garnishee fails to pay to the judgment creditor the percentages prescribed by the court decree of the wages which become payable to the judgment debtor for any pay period, judgment shall be entered against said employer-garnishee for an amount equal the percentages with respect to which the failure occurs. History: Added April 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 442.

of Employee If the judgment debtor resigns or is dismissed from his employment while a levy upon his wages is wholly or partly unsatisfied, the levy shall lapse and no further deduction may be made thereon, unless the judgment debtor is reinstated or reemployed within ninety (90) days after the resignation or dismissal. History: Added Apr. 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 442.

Execution Levied Upon Wages An assignment of wages to become due shall not be valid against a levy upon such wages under this chapter unless executed in writing prior to the date of the levy and made to secure a debt of an amount therein stated, contracted prior to or simultaneous with the execution of the assignment. History: Added April 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 442.

A levy issued by any court in the Virgin Islands upon a judgment and levied within twenty years from the date of the judgment the employer-garnishee, shall not lapse or become invalid prior to upon the wages due or to become due to the judgment debtor from complete satisfaction solely by reason of the expiration of the twenty-year period of limitation set forth in section 31 of this title. History: Added Apr. 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 442.

Or Salary Inadequate For Services Rendered Where the judgment debtor claims or is proved to be rendering services to or employed by a relative or other person, or by a corporation owned or controlled by a relative or other person, without salary or compensation, or at a salary or compensation so inadequate as to satisfy the court that the salary or compensation is merely colorable and designed to defraud or impede the creditors of the debtor, the court may direct the employer-garnishee to make payments on account of the judgment in installments, based upon reasonable value of the services rendered by the judgment debtor under his employment or upon the judgment debtor's then earning ability. History: Added Apr. 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 443.

Hinder Just Claims Where a levy under this chapter is based upon a judgment obtained by default or consent without a trial upon the merits, the court, upon motion of any interested person, may quash such levy upon satisfactory proof that the judgment was obtained without just cause and solely for the purpose of preventing or delaying the satisfaction of just claims. History: Added Apr. 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 443.

The judge of the district court of the Virgin Islands shall establish such rules of procedure as may be necessary to effectuate the purposes of this chapter. History: Added Apr. 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 443.

This chapter applies only with respect to levies upon wages, as defined by section 521 of this chapter, issued on or after sixty days from the effective date of this chapter. History: Added Apr. 23, 1968, No. 2160, § 1, Sess. L. 1968, Pt. I, p. 443.

(a) Costs which may be allowed in a civil action include: (1) Fees of officers, witnesses, and jurors; (2) Necessary expenses of taking depositions which were reasonably necessary in the action; (3) Expenses of publication of the summons or notices, and the postage when they are served by mail; (4) Compensation of a master as provided in Rule 53 of the Federal Rules of Civil Procedure; (5) Necessary expense of copying any public record, book, or document used as evidence on the trial; and (6) Attorney's fees as provided in subsection (b) of this section. (b) The measure and mode of compensation of attorneys shall be left to the agreement, express or implied, of the parties; but there shall be allowed to the prevailing party in the judgment such sums as the court in its discretion may fix by way of indemnity for his attorney's fees in maintaining the action or defenses thereto; provided, however, the award of attorney's fees in personal injury cases is prohibited unless the court finds that the complaint filed or the defense is frivolous. (c) For the purposes of this section, "frivolous" means: (i) without legal or factual merit; or (ii) for the purpose of causing unnecessary delay; or (iii) for the purpose of harassing an opposing party. History: Amended June 20, 1986, No. 5176, § 1(c), (d), Sess. L. 1986, p. 180.

The costs which a party is entitled to recover may be collected by execution to enforce the judgment as a part thereof.

(a) A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree. (b) Before any bill of costs is taxed, the party claiming any item of cost shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed. (c) Costs which a party is entitled to recover must be taxed, whether or not they have been paid by such party.

Except in the case of a guardian ad litem under section 73 of this title, when costs or disbursements are adjudged against an infant plaintiff, the guardian by whom he appeared in the action shall be responsible therefor, as if he were the actual plaintiff in such action, and payment thereof may be enforced against him accordingly.

In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by a statute to prosecute or defend therein, costs shall be recovered as in ordinary cases, but such costs shall only be chargeable upon or collected from the estate, fund, or party represented, unless the court orders the same to be recovered from the plaintiff or defendant personally for mismanagement or bad faith in such action or the defense thereto.

In all actions prosecuted or defended in the name and for the use of any public corporation in the Virgin Islands, the public corporation shall be liable for and may recover costs in like manner and with like effect as in the case of natural persons.

(a) If the plaintiff resides out of the Virgin Islands or is a foreign corporation, the defendant may serve a notice requiring security for the costs which may be awarded against the plaintiff. After the service of such a notice, all proceedings in the action shall be stayed until security is given by the plaintiff. (b) Upon proof that the original security is insufficient, the court may order that new or additional security be given. (c) Security shall be given under this section either- (1) after notice by filing with the clerk an undertaking with sufficient sureties to the effect that they will pay such costs as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of $1000; or (2) pursuant to court order by making a deposit with the clerk such additional sum as the Court may direct. (d) The court may dismiss the action if security is not given within 30 days after the service of a notice requiring security or an order requiring new or additional security. (e) Whenever more than one defendant is named, the undertaking shall be increased not to exceed $500 for each additional defendant in whose favor such undertaking is ordered, not to exceed a total of $3,000. (f) This section shall not apply to an action commenced in the small claims division of the Superior Court. History: Amended Mar. 30, 1984, No. 4913, §§ 1, 2, Sess. L. 1984, p. 77, 78; June 18, 1996, No. 6109, §§ 13(1)-(3), Sess. L. 1996, p. 53.

This subchapter may be cited as the "Uniform Enforcement of Foreign Judgments Act". History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

In this subchapter, "foreign judgment" means any judgment, decree, or order of a court of the United States or any other court which is entitled to full faith and credit in the United States Virgin Islands. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of the United States Virgin Islands may be filed in the Office of the Clerk of the Superior Court. The Clerk shall treat the foreign judgment in the same manner as a judgment of the Superior Court of the Virgin Islands. A judgment so filed shall have the same effect and shall be subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of the Superior Court of the Virgin Islands and may be enforced or satisfied in like manner. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

(a) At the time of the filing of the foreign judgment, the judgment creditor or his attorney shall make and file with the Clerk of the Superior Court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor. (b) Promptly upon the filing of the foreign judgment and the affidavit, the Clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in the United States Virgin Islands. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the Clerk. Lack of mailing notice of filing by the Clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. (c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until ten days after the date the judgment is filed. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

(a) If the judgment debtor shows the Superior Court of the Virgin Islands that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state or territory in which it was rendered. (b) If the judgment debtor shows the Superior Court of the Virgin Islands any ground upon which enforcement of a judgment of the Superior Court would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for the satisfaction of the judgment which is required in the United States Virgin Islands. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

Any person filing a foreign judgment shall pay to the Clerk of the Superior Court $150.00. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments of the Superior Court of the Virgin Islands. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30; amended May 9, 2011, No. 7260, § 2, Sess. L. 2011, p. 82.

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this subchapter remains unimpaired. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states and territories which enact it. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

This subchapter may be cited as the "Uniform Foreign Money-Judgments Recognition Act". History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

As used in this subchapter: (1) "Foreign state" means any governmental unit other than the United States Virgin Islands, the United States or a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States; (2) "Foreign judgment" means any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

Except as provided in section 565, a foreign judgment meeting the requirements of section 563 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign judgment is enforceable in the same manner as the judgment of a state or territory of the United States which is entitled to full faith and credit. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

(a) A foreign judgment is not conclusive if: (1) the judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with requirements of due process of law; (2) the foreign court did not have personal jurisdiction over the defendant; or (3) the foreign court did not have jurisdiction over the subject matter. (b) A foreign judgment need not be recognized if: (1) the defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend; (2) the judgment was obtained by fraud; (3) the cause of action on which the action is based is repugnant to the public policy of the United States Virgin Islands; (4) the judgment conflicts with another final and conclusive judgment; (5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or (6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

The foreign judgment shall not be refused recognition for lack of personal jurisdiction if: (1) the defendant was served personally in the foreign state; (2) the defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him; (3) the defendant prior to the commencement of the proceedings had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved; (4) the defendant was domiciled in the foreign state when the proceedings were instituted, or, being a body corporate had its principal place of business, was incorporated, or had otherwise acquired corporate status in the foreign state; (5) the defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state; or (6) the defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of such operation. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

If the defendant satisfies the court either that an appeal is pending or that he is entitled and intends to appeal from the foreign judgment, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

This subchapter does not prevent the recognition of a foreign judgment in situations not covered by this subchapter. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those states and territories which enact it. History: Added Feb. 18, 1992, No. 5777, § 1, Sess. L. 1992, p. 30.

This chapter may be cited as the "Uniform Interstate Enforcement of Domestic- Violence Protection Orders Act." History: Added Mar. 31, 2005, No. 6730, § 20, Sess. L. 2005, p. 98.

In this chapter: (1) "Foreign protection order" means a protection order issued by a tribunal of another State. (2) "Issuing State" means the State whose tribunal issues a protection order. (3) "Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. (4) "Protected individual" means an individual protected by a protection order. (5) "Protection order" means an injunction or other order, issued by a tribunal under the domestic-violence, family-violence, or anti-stalking laws of the issuing State, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. (6) "Respondent" means the individual against whom enforcement of a protection order is sought. (7) "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders. (8) "Tribunal" means a court, agency, or other entity, authorized by law to issue or modify a protection order. History: Added Mar. 31, 2005, No. 6730, § 20, Sess. L. 2005, p. 98.

(a) A person authorized by the law of this State to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this State. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this State would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this State for the enforcement of protection orders. (b) A tribunal of this State may not enforce a foreign protection order issued by a tribunal of a State that does not recognize the standing of a protected individual to seek enforcement of the order. (c) A tribunal of this State shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing State. (d) A foreign protection order is valid if it: (1) identifies the protected individual and the respondent; (2) is currently in effect; (3) was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing State; and (4) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process. (e) A foreign protection order valid on its face is prima facie evidence of its validity. (f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order. (g) A tribunal of this State may enforce provisions of a mutual foreign protection order which favor a respondent only if: (1) the respondent filed a written pleading seeking a protection order from the tribunal of the issuing State; and (2) the tribunal of the issuing State made specific findings in favor of the respondent. History: Added Mar. 31, 2005, No. 6730, § 20, Sess. L. 2005, p. 99.

(a) A law enforcement officer of this State, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this State. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement. (b) If a foreign protection order is not presented, a law enforcement officer of this State may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists. (c) If a law enforcement officer of this State determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order. (d) Registration or filing of an order in this State is not required for the enforcement of a valid foreign protection order pursuant to this chapter. History: Added Mar. 31, 2005, No. 6730, § 20, Sess. L. 2005, p. 100.

(a) Any individual may register a foreign protection order in this State. To register a foreign protection order, an individual shall: (1) present a certified copy of the order to the Office of the Clerk of the Superior Court; or (2) present a certified copy of the order to Office of the Attorney General and request that the order be registered with the Office of the Clerk of the Superior Court. (b) Upon receipt of a foreign protection order, the Office of the Attorney General shall register the order in accordance with this section. After the order is registered, the Office of the Clerk of the Superior Court shall furnish to the individual registering the order a certified copy of the registered order. (c) The Office of the Clerk of the Superior Court shall register an order upon presentation of a copy of a protection order which has been certified by the issuing State. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this State. (d) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the order is currently in effect. (e) A foreign protection order registered under this chapter may be entered in any existing state or federal registry of protection orders, in accordance with applicable law. (f) A fee may not be charged for the registration of a foreign protection order under this chapter. History: Added Mar. 31, 2005, No. 6730, § 20, Sess. L. 2005, p. 101.

The Government of the Virgin Islands, a law enforcement officer, prosecuting attorney, clerk of court, or any governmental official acting in an official capacity, except for gross negligence, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this chapter. History: Added Mar. 31, 2005, No. 6730, § 20, Sess. L. 2005, p. 102.

A protected individual who pursues remedies under this chapter is not precluded from pursuing other legal or equitable remedies against the respondent. History: Added Mar. 31, 2005, No. 6730, § 20, Sess. L. 2005, p. 102.

This chapter applies to protection orders issued before the effective date of this chapter and to continuing actions for enforcement of foreign protection orders commenced before the effective date of this chapter. A request for enforcement of a foreign protection order made on or after the effective date of this chapter for violations of a foreign protection order occurring before the effective date of this chapter is governed by this chapter. History: Added Mar. 31, 2005, No. 6730, § 20, Sess. L. 2005, p. 102.

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it. History: Added Mar. 31, 2005, No. 6730, § 20, Sess. L. 2005, p. 102.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. History: Added Mar. 31, 2005, No. 6730, § 20, Sess. L. 2005, p. 102.

Proof of service of a subpoena shall be made in the same manner as in the service of a summons.

It is the duty of a witness duly served with a subpoena to attend at the time appointed, with any papers, books, documents, or other things under his control required by the subpoena, to answer all pertinent and legal questions, and, unless sooner discharged, to remain until the testimony is closed.

A witness disobeying a subpoena duly served shall forfeit to the party requiring his attendance all damages which he may sustain by the failure of the witness to attend, which forfeiture and damages may be recovered by an action at law.

In case of the failure of a witness to attend, the court or officer before whom he is required to attend, upon proof of the due service of the subpoena, may issue a warrant to the marshal requiring him to arrest the witness and bring him before the court or officer where his attendance was required.

(a) Every person who has been, in good faith, served with a subpoena to attend as witness before a court, judge, commissioner, referee, or other officer, is exonerated from arrest or service of summons in a civil case while going to the place of attendance, necessarily remaining there, and returning therefrom. (b) The arrest of or service of a summons upon a witness contrary to this section is void, and when wilfully made is a contempt of court; and the officer making it is responsible to the witness arrested or served for double the amount of damages which may be assessed against him therefor, and is also liable to an action at the suit of the party serving the witness with the subpoena for the damages sustained by him in consequence of the arrest or service. (c) The court, judge, or officer before whom the attendance of the witness is required may discharge a witness from an arrest made in violation of this section.

It is the right of the witness to be protected from irrelevant, insulting, or improper questions or from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; and to be examined only as to matters legal and pertinent to the issue.

A person voluntarily present in court or before a judicial officer may be required to testify in the same manner as if he were in attendance before such court or officer on a subpoena.

If the witness is a prisoner, confined in a prison within the Virgin Islands, an order for his temporary removal and production, before a court or officer, for the purpose of being orally examined, may be made by the district court. Such order shall only be made upon the affidavit of the party desiring the order, or someone on his behalf, showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.

The marshal or any deputy specially appointed by him, but none other, is authorized and required to break into any building or vessel in which a witness may be concealed, so as to prevent the service of a subpoena, and serve the same upon such witness.

A witness attending in the district court of the Virgin Islands, or before a district court commissioner, or before any person authorized to take his deposition pursuant to any rule or order of court, shall receive $4 for each day's attendance and for the time necessarily occupied in going to and returning from the same, and shall be reimbursed for his necessary and reasonable expenses of travel in going from and returning to his place of residence. A witness who is not a salaried employee of the Virgin Islands or Federal government and who is not in custody and who is required to attend, as herein described, in a judicial division in which he does not reside, shall be entitled to an additional allowance of $8 per day for subsistence including the time necessarily occupied in going to and returning from the place of attendance. History: Amended May 16, 1957, No. 160, § 27, Sess. L. 1957, p. 27.

Every warrant of commitment issued by a court or officer for contempt arising from disobedience to a subpoena, or refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, shall specify therein the cause of the commitment; and if it is for refusing to answer, such question shall be stated in the warrant.

(a) An oath is an outward attestation by which a person signifies that he is bound in conscience to perform an act or to speak or has spoken faithfully and truthfully. (b) Whenever the court or officer before which a person is offered as a witness is satisfied that he has a peculiar mode of swearing, connected with or in addition to the usual form of administration, which, in his opinion, is more solemn or obligatory, the court or officer may in its discretion adopt that mode. (c) When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremonies of his religion, if there are any such ceremonies. (d) Any person who has conscientious scruples against taking an oath may make his solemn affirmation. (e) Whenever an oath is required by any provision of this title, an affirmation shall be deemed equivalent thereto, and a false affirmation shall be deemed perjury equally with a false oath. (f) All oaths and affirmations when administered in judicial proceedings in this territory shall be substantially in form as follows: "You do solemnly swear (or affirm, as the case may be) that the testimony you will give in this case is the truth, the whole truth and nothing but the truth."

Every court, judge, clerk of court, district court commissioner, notary public, and every officer or person authorized to take testimony in any action or proceeding or to decide upon evidence, has power to administer oaths or affirmations.

An affidavit may be taken in the Virgin Islands before any officer authorized to administer oaths.

An affidavit to be used in the Virgin Islands may be taken in any State, territory, district, commonwealth, or possession of the United States, or in any foreign country, before: (1) A commissioner appointed by the Governor of the Virgin Islands to take affidavits in such jurisdiction; or (2) An officer authorized by Title 28 to take acknowledgments of written instruments in such jurisdiction, whose certificate that the affidavit was taken before him shall be authenticated in a manner similar to that required for the authentication of an acknowledgment.

History: Repealed. Nov. 24, 2010, No. 7241, § 24, Sess. L. 2010, p. 293.

(a) Except as provided in section 697 of this title, an affidavit may be used - (1) to prove the service of a summons, notice, or other paper in an action; (2) to obtain a provisional remedy; (3) to obtain the examination of a witness; (4) to obtain a stay of proceedings; (5) upon a motion; or (6) in any other case expressly provided for by law or rules of court. (b) In all cases other than those mentioned in subsection (a) of this section, where a written declaration under oath is used, it must be a deposition.

Whenever a provisional remedy has been allowed upon affidavit, the party against whom it is allowed may serve upon the party by whom it was obtained a notice requiring any person making the affidavit to be produced before some officer authorized to administer oaths, therein named, for cross-examination. Thereupon the party to whom the remedy was allowed shall lose the benefit of the affidavit and all proceedings founded thereon, unless within eight days, or such other time as the court directs upon a previous notice to his adversary of at least three days, he produces the affiant for examination before the officer mentioned in the notice, or some other of like authority, provided for in the order of the court. Upon such production the affiant may be examined by either party.

(a) Proof of the publication of a document or notice required by law, or by an order of court, to be published in a newspaper, may be made by the affidavit of the printer of the newspaper or his foreman or principal clerk, annexed to a copy of the document or notice, specifying the times when and the paper in which the publication was made. Such affidavit must be made within six months after the last day of publication. (b) If such affidavit is made in an action or proceeding pending in a court, it may be filed with the clerk thereof; and the same is primary evidence of the facts therein stated.

The statement of an attorney authorized by law and admitted to practice in the Courts of the Virgin Islands, who is not a party to an action, when subscribed and affirmed by him to be true under the penalties of perjury, may be served or filed in an action in lieu of and with the same force and effect as an affidavit duly notarized. History: Added Feb. 11, 1986, No. 5143, § 2, Sess. L. 1986, p. 24.

This chapter may be cited as "The Interstate Compact for Juveniles Act". History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, p. 23.

The Interstate Compact for Juveniles is enacted into law, ratified and entered into with all other jurisdictions legally joining the Compact in substantially the form set forth in this chapter. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, p. 23.

(a) The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C §112, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. (b) It is the purpose of this Compact, through means of joint and cooperative action among the compacting states to: (1) ensure that the adjudicated juveniles and status offenders subject to this Compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (2) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (3) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (4) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (5) provide for the effective tracking and supervision of juveniles; (6) equitably allocate the costs, benefits and obligations of the compacting states; (7) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders; (8) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (9) establish procedures to resolve pending charges, detainers, against juvenile offenders prior to transfer or release to the community under the terms of this Compact; (10) establish a system of uniform data collection on information pertaining to juveniles subject to this Compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of Compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (11) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct non-compliance; (12) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (13) coordinate the implementation and operation of the Compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. (c) It is the policy of the compacting states that the activities conducted by the Interstate Commission established in this chapter are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this Compact. The provisions of this Compact must be reasonably and liberally construed to accomplish the purposes and policies of the Compact. (d) The remedies and procedures provided by this Compact are in addition to and not in substitution for any other right, remedy or procedure and shall not be in derogation of parental rights and responsibilities. The Governor is hereby authorized to execute this compact on behalf of the Territory with any other State legally joining therein. Original jurisdiction is hereby vested in the Family Division of the Superior Court. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 23-25.

As used in this Compact, unless the context clearly requires a different construction: (a) "By-laws" means: those by-laws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct. (b) "Compact Administrator" means: the individual in each compacting state appointed pursuant to the terms of this Compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this Compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this Compact. (c) "Compacting State" means: any state as defined in subsection (l) which has enacted the enabling legislation for this Compact. (d) "Commissioner" means: the voting representative of each compacting state appointed pursuant to section 703 of this chapter. (e) "Court" means: any court having jurisdiction over delinquent, neglected, or dependent children. (f) "Deputy Compact Administrator" means: the individual, if any, in each compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms of this Compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this Compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this Compact. (g) "Interstate Commission" means: the Interstate Commission for Juveniles established by section 703 of this chapter. (h) "Juvenile" means: any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including: (1) Accused Delinquent-a person charged with an offense that, if committed by an adult, would be a criminal offense; (2) Adjudicated Delinquent-a person found to have committed an offense that, if committed by an adult, would be a criminal offense; (3) Accused Status Offender-a person charged with an offense that would not be a criminal offense if committed by an adult; (4) Adjudicated Status Offender-a person found to have committed an offense that would not be a criminal offense if committed by an adult; and (5) Non-Offender-a person in need of supervision who has not been accused or adjudicated a status offender or delinquent. (i) "Non-Compacting state" means: any state that has not enacted the enabling legislation for this Compact. (j) "Probation or Parole" means: any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states. (k) "Rule" means: a written statement by the Interstate Commission promulgated pursuant to section 704 of this chapter which is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule. (l) "State" means: a state of the United States, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 25-27.

(a) (1) The compacting states by this Compact establish the "Interstate Commission for Juveniles". (2) The Commission is a body corporate and joint agency of the compacting states. (3) The Commission has all the responsibilities, powers and duties set forth in this Compact, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact. (b) The Interstate Commission consists of Commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision established under this Compact. The Commissioner is the Compact Administrator, Deputy Compact Administrator or designee from that state who serves on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state. (c) (1) In addition to the Commissioners who are the voting representatives of each state, the Interstate Commission includes individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members must include a member of the National Organizations of Governors, Legislators, State Chief Justices, Attorneys General, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All non-commissioner members of the Interstate Commission must be ex-officio, non-voting, members. (2) The Interstate Commission may provide in its by-laws for such additional ex-officio, non-voting members, including members of other national organizations, in such numbers as is determined by the Commission. (d) Each compacting state represented at any meeting of the Commission is entitled to one vote. A majority of the compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission. (e) The Commission shall meet at least once each calendar year. The Chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice must be given of all meetings and meetings must be open to the public. (f) The Interstate Commission shall establish an Executive Committee, which must include Commission officers, members, and others as determined by the by-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and amendment to the Compact. The executive committee shall oversee the day-to-day activities of the administration of the Compact managed by an Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the Compact, its by-laws and rules, and performs such other duties as directed by the Interstate Commission or set forth in the by-laws. (g) Each member of the Interstate Commission has the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and may not delegate a vote to another compacting state. However, a Commissioner, in consultation with the State Council, shall appoint another authorized representative, in the absence of the Commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The by-laws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. (h) The Interstate Commission's by-laws must establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. (i) Public notice must be given of all meetings and all meetings must be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to: (1) Relate solely to the Interstate Commission's internal personnel practices and procedures; (2) Disclose matters specifically exempted from disclosure by statute; (3) Disclose trade secrets or commercial or financial information which is privileged or confidential; (4) Involve accusing any person of a crime, or formally censuring any person; (5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (6) Disclose investigative records compiled for law enforcement purposes; (7) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity; (8) Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or (9) Specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding. (j) (1) For every meeting closed pursuant to this provision, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. (2) (A) The Interstate Commission shall keep minutes that fully and clearly describe all matters discussed in any meeting and that provide a full and accurate summary of any actions taken, and the reasons for them, including a description of each of the views expressed on any item and the record of any roll call vote, reflected in the vote of each member on the question. (B) All documents considered in connection with any action must be identified in such minutes. (k) The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules, which must specify the data to be collected, the means of collection and data exchange and reporting requirements. The methods of data collection, exchange and reporting must insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 27-30.

The Commission has the following powers and duties: (1) To provide for dispute resolution among compacting states; (2) To promulgate rules to effect the purposes and obligations as enumerated in this Compact which have the force of statutory law and are binding in the compacting states to the extent and in the manner provided in this Compact. (3) To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this Compact and any by-laws adopted and rules promulgated by the Interstate Commission; (4) To enforce compliance with the Compact provisions, the rules promulgated by the Interstate Commission, and the by-laws, using all necessary and proper means, including but not limited to the use of judicial process; (5) To establish and maintain offices located within one or more of the compacting states; (6) To purchase and maintain insurance and bonds; (7) To borrow, accept, hire or contract for services of personnel; (8) To establish and appoint committees and hire staff which it considers necessary for the carrying out of its functions including, but not limited to, an Executive Committee as required by section 703 which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder; (9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, among other personnel policies, conflicts of interest, rates of compensation, and qualifications of personnel; (10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it; (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed; (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed; (13) To establish a budget and make expenditures and levy dues as provided in section 708 of this Compact; (14) To sue and be sued; (15) To adopt a seal and by-laws governing the management and operation of the Interstate Commission; (16) To perform such functions as may be necessary or appropriate to achieve the purposes of this Compact; (17) To report annually to the legislatures, governors, judiciary, and State councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports must also include any recommendations that may have been adopted by the Interstate Commission; (18) To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity; (19) To establish uniform standards of the reporting, collecting and exchanging of data; and (20) To maintain its corporate books and records in accordance with the by-laws. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 30-32.

(a) By-laws. (1) The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to: (2) Establishing the fiscal year of the Interstate Commission; (3) Establishing an Executive Committee and such other committees as may be necessary; (4) Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission; (5) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; (6) Establishing the titles and responsibilities of the officers of the Interstate Commission; (7) Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations; (8) Providing "start-up" rules for initial administration of the Compact; and (9) Establishing standards and procedures for compliance and technical assistance in carrying out the Compact. (b) Officers and Staff. (1) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the by-laws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; however, subject to the availability of budgeted funds, the officers must be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission. (2) The Interstate Commission shall, through its Executive Committee, appoint or retain an Executive Director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may consider appropriate. The Executive Director shall serve as secretary to the Interstate Commission, but may not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission. (c) Qualified Immunity, Defense and Indemnification. (1) The Commission's Executive Director and employees are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; however, any such person is not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. (2) The liability of any Commissioner, or the employee or agent of a Commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection may be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. (3) The Interstate Commission shall defend the Executive Director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any Commissioner of a compacting state, shall defend such Commissioner or the Commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. (4) The Interstate Commission shall indemnify and hold the Commissioner of a compacting state, or the Commissioner's representatives or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 32-34.

(a) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact. (b) Rulemaking must occur pursuant to the criteria set forth in this section and the by-laws and rules adopted pursuant thereto. The rulemaking must substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission considers appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments become binding as of the date specified, as published with the final version of the rule as approved by the Commission. (c) When promulgating a rule, the Interstate Commission shall, at a minimum: (1) Publish the proposed rule's entire text stating the reason for that proposed rule; (2) Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information must be added to the record, and be made publicly available; (3) Provide an opportunity for an informal hearing if petitioned by 10 or more persons; and (4) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties. (d) The Interstate Commission shall allow, not later than sixty days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the Court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the Court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act. (e) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the Compact, cause the rule to have no further force in any compacting state. (f) The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this Act become null 12 months after the first meeting of the Interstate Commission established under this Compact. (g) Upon determination by the Interstate Commission that a state-of-emergency exists, it may promulgate an emergency rule that becomes effective immediately upon adoption, except that the usual rulemaking procedures provided under this Compact must be retroactively applied to such rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 35, 36.

Commission (a) Oversight. (1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this Compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states. (2) (A) The Courts and executive agencies in each compacting state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated under this Compact must be received by all the judges, public officers, commissions, and departments of the State government as evidence of the authorized statute and administrative rules. (B) All Courts shall take judicial notice of the Compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Commission is entitled to receive all service of process in any such proceeding, and has standing to intervene in the proceeding for all purposes. (b) Dispute Resolution. (1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the Compact as well as issues and activities pertaining to compliance with the provisions of the Compact and its bylaws and rules. (2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the Compact and which may arise among compacting states and between compacting and non-compacting states. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. (3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact using any or all means set forth in section 711 of this chapter. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 36, 37.

(a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. (b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment. (c) The Interstate Commission may not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor may the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. (d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission are subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the Interstate Commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the Interstate Commission. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 37, 38.

(a) Each member state shall establish a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own State Council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the Compact Administrator, Deputy Compact Administrator or designee. (b) Each compacting state retains the right to determine the qualifications of the Compact Administrator or Deputy Administrator. Each State Council shall advise and may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to, development of policy concerning operations and procedures of the Compact within that state. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, p. 38.

(a) Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in section 702 is eligible to become a compacting state. (b) The Compact becomes effective and binding upon legislative enactment of the Compact into law by no less than 35 of the states. This Compact becomes effective and binding as to any other compacting state upon enactment of the Compact into law by that state. The governors of non-member states or their designees may participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the Compact by all states and territories of the United States. (c) The Interstate Commission may propose amendments to the Compact for enactment by the compacting states. No amendment may become effective and binding upon the Interstate Commission and the compacting states unless it is enacted into law by unanimous consent of the compacting states. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 38, 39.

(a) Withdrawal. (1) Once effective, the Compact continues in force and remains binding upon each and every compacting state; however, a compacting state may withdraw from the Compact by specifically repealing the statute that enacted the Compact into law. (2) The effective date of withdrawal is the effective date of the repeal. (3) The withdrawing state shall immediately notify the Chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt of the notice. (4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. (5) Reinstatement following withdrawal of any compacting state occurs upon the withdrawing state's reenacting the Compact or upon such later date as determined by the Interstate Commission. (b) Technical Assistance, Fines, Suspension, Termination and Default. (1) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this Compact, or the by-laws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties: (A) Remedial training and technical assistance as directed by the Interstate Commission; (B) Alternative Dispute Resolution; (C) Fines, fees, and costs in such amounts as are considered to be reasonable as fixed by the Interstate Commission; and (D) Suspension or termination of membership in the Compact, which may be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. (i) Immediate notice of suspension must be given by the Interstate Commission to the Governor, the Chief Justice or the Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state's legislature, and the State Council. (ii) The grounds for default include, but are not limited to failure of a compacting state to perform such obligations or responsibilities imposed upon it by this Compact, the by-laws, or duly promulgated rules and any other grounds designated in commission by-laws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. (iii) The Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Commission, the defaulting state must be terminated from the Compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this Compact are terminated from the effective date of termination. (2) Within sixty days after the effective date of termination of a defaulting state, the Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer, the Majority and Minority Leaders of the defaulting state's legislature, and the State Council of such termination. (3) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. (4) The Interstate Commission does not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state. (5) Reinstatement following termination of any compacting state requires both a reenactment of the Compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules. (c) Judicial Enforcement. The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the Compact, its duly promulgated rules and by-laws, against any compacting state in default. If judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation including reasonable attorneys' fees. (d) Dissolution of Compact. (1) The Compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the Compact to one compacting state. (2) Upon the dissolution of this Compact, the Compact becomes null; is of no further force, and the business and affairs of the Interstate Commission must be concluded and any surplus funds must be distributed in accordance with the by-laws. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 39-41.

(a) The provisions of this Compact are severable, and if any phrase, clause, sentence or provision is adjudged unenforceable, the remaining provisions of the Compact are enforceable. (b) The provisions of this Compact must be liberally construed to effectuate its purposes. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, pp. 41, 42.

(a) Other Laws. (1) Nothing in this Compact prevents the enforcement of any other law of a compacting state which is not inconsistent with this Compact. (2) All compacting states' laws other than state Constitutions and other interstate Compacts conflicting with this Compact are superseded to the extent of the conflict. (b) Binding Effect of the Compact. (1) All lawful actions of the Interstate Commission, including all rules and by-laws promulgated by the Interstate Commission, are binding upon the compacting states. (2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms. (3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation. (c) If any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission are ineffective and such obligations, duties, powers or jurisdiction remain in the compacting state and may be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective. History: Added Apr. 7, 2010, No. 7159, § 1, Sess. L. 2010, p. 42.

The order of proof shall be regulated by the sound discretion of the court. Ordinarily the party beginning the case shall exhaust his evidence before the other begins.

The court may exercise a reasonable control over the mode of interrogation, so as to make it as rapid, as distinct, as little annoying to the witness, and as effective for the extraction of the truth as may be; but, subject to this rule, the parties may put such legal and pertinent questions as they see fit. The court, however, may stop the production of further evidence, upon any particular point, when the evidence upon it is already so full as to preclude reasonable doubt.

The examination of a witness by the party producing him is denominated the direct examination; the examination of the same witness upon the same matter by the adverse party, the cross-examination. The direct examination must be completed before the cross-examination begins, unless the court otherwise directs.

A question which suggests to the witness the answer which the examining party desires is denominated a leading or suggestive question. On a direct examination, leading questions are not allowed, unless merely formal or preliminary, except in the sound discretion of the court under special circumstances, making it appear that the interests of justice require it, and except as provided by Rule 43(b) of the Federal Rules of Civil Procedure.

The adverse party may cross-examine the witness as to any matter stated in his direct examination or connected therewith, and in so doing may put leading questions; but if he examines him as to other matters, such examination is subject to the same rules as a direct examination.

A witness once examined shall not be reexamined as to the same matter without leave of the court; but he may be reexamined as to any new matter upon which he has been examined by the adverse party. After the examinations on both sides are concluded the witness shall not be recalled without leave of the court. Leave is granted or withheld in the exercise of a sound discretion.

A witness is allowed to refresh his memory, respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly stated in the writing. In either case the writing must be produced, and may be inspected by the adverse party, who may cross-examine the witness upon it. A witness may testify from such a writing, though he retains no recollection of the particular facts; but such evidence shall be received with caution.

If either party requires it, the judge may exclude from the court room any witness of the adverse party not at the time under examination, so that he may not hear the testimony of other witnesses.

A motion to postpone a trial on the ground of the absence of evidence shall only be made upon affidavit showing the materiality of the evidence expected to be obtained, and a statement of facts showing that due diligence has been used to procure it, and also the name and residence of the witness or witnesses. The court may also require the moving party to state upon affidavit the evidence which he expects to obtain, and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial shall not be postponed. The court, when it allows the motion, may impose such conditions or terms upon the moving party as may be just.

The jury, subject to the control of the court in the cases specified in this title, are the judges of the effect and value of evidence addressed to them, except when it is thereby declared to be conclusive. They are, however, to be instructed by the court on all proper occasions that: (1) Their power of judging the effect of evidence is not arbitrary, but to be exercised with discretion and in subordination to the rules of evidence as declared by the court. (2) They are not bound to find in conformity with the declarations of any number of witnesses which do not produce conviction in their minds against a less number, or against a presumption or other evidence satisfying their minds. (3) A witness wilfully false in one part of his testimony may be distrusted in others. (4) The testimony of an accomplice ought to be viewed with distrust and the evidence of the oral admissions of a party with caution. (5) In civil cases the affirmative of the issue shall be proved, and when the evidence is contradictory the finding shall be according to the preponderance of evidence; that in criminal cases guilt shall be established beyond reasonable doubt. (6) Evidence is to be estimated not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce and of the other to contradict; and, therefore, if the weaker and less satisfactory evidence is offered when it appears that stronger and more satisfactory evidence was within the power of the party, the evidence offered should be viewed with distrust. No party may assign as error the failure to give any such instruction unless he has requested the court to give it before the jury retires to consider its verdict.

Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.

The person to whom a tender is made shall at the time specify any objection he may have to the money, instrument, or property, or he shall be deemed to have waived it. If the objection is to the amount of money, the terms of the instrument or the amount or kind of property, he shall specify the amount, terms, or kind which he requires, or be precluded from objecting afterwards.

Private seals and scrolls as a substitute are abolished and are not required to any instrument, but the effect thereof, when used, shall remain unchanged.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

Except as otherwise provided by the Constitution of the United States, the Revised Organic Act of the Virgin Islands, or other statute, or by these or other provisions promulgated by the Supreme or Superior Courts of the Virgin Islands, no person has a privilege to: (a) refuse to be a witness; (b) refuse to disclose any matter; (c) refuse to produce any object or writing; and (d) prevent another from being a witness or disclosing any matter or producing any object or writing. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, p. 205.

(a) Definitions. As used in this section: (1) A "client" is a person, public officer or corporation, association or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services from the lawyer. (2) A "representative of a client" is one having authority to obtain professional legal services, or to act on advice rendered pursuant thereto, on behalf of the client. (3) A "lawyer" is a person authorized and duly licensed, or reasonably believed by the client to be authorized and duly licensed, to engage in the practice of law in any state, nation, or U.S. territory. (4) A "representative of the lawyer" is one employed, or reasonably believed by the client to be employed by the lawyer, to assist the lawyer in the rendition of professional legal services. (5) A communication is "confidential" if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client, or those reasonably necessary for the transmission of the communication. (b) General Rule of Privilege. A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client (1) between the client or the client's representative and the client's lawyer or the lawyer's representative, (2) between the client's lawyer and the lawyer's representative, (3) by the client or the client's representative or the client's lawyer or a representative of the lawyer to a lawyer or a representative of a lawyer representing another in a matter of common interest, (4) between representatives of the client or between the client and a representative of the client, (5) among lawyers and their representatives representing the same client. This privilege exists whether the person/client actually retains the lawyer or law firm to render professional legal services to him or her. (c) Who May Claim the Privilege. The privilege under this subsection may be claimed by the client, the client's guardian or conservator, the personal representative of a deceased client or the successor, trustee or similar representative of a corporation, association or other organization, whether or not in existence. A person who was the lawyer or the lawyer's representative at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the client. A lawyer is obligated to assert the privilege to protect a client who cannot assert it for a valid reason such as incapacity or death. The privilege continues even after the death of either the client or attorney. (d) Exceptions. There is no privilege under this section for the following: (1) Furtherance of Crime or Fraud. If the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud; (2) Claimants Through Same Deceased Client. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction; (3) Breach of Duty by a Lawyer or Client. As to a communication relevant to an issue of breach of duty by the lawyer to the client or by the client to the lawyer; (4) Accusations Against a Lawyer. As to a communication necessary for a lawyer to defend in a legal proceeding an accusation that the lawyer assisted the client in criminal or fraudulent conduct; (5) Document Attested by a Lawyer. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; (6) Joint Clients. As to a communication relevant to a matter of common interest between or among two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between or among any of the clients. (7) Public Officer or Agency. As to a communication between a public officer or agency and its lawyers unless the communication concerns a pending investigation, claim, or action and the court determines that disclosure will seriously impair the ability of the public officer or agency to process the claim or conduct pending investigation, litigation, or proceeding in the public interest. (8) Physical Evidence; Fee Arrangements, Pre-existing Documents. The privilege does not apply to physical evidence that the client provides to the lawyer; attorney fee arrangements, agreements and payments; and documents pre-existing the attorney-client relationship. (9) Waiver. The privilege is lost if the client waives confidentiality as to one or more issues such as by disclosing privileged communications to a third party or the client or the attorney breaches a duty that is owed to each other. (e) Work Product Immunity. (1) Qualified Immunity. Work product immunity may protect an attorney from disclosing to a third party some of the information the attorney creates or acquires while preparing for litigation. Work product materials may be subject to discovery if the party requesting them proves (i) a substantial need for materials, and (ii) an inability to obtain a substantial equivalent of those materials by another method. (2) Absolute Immunity. An attorney possesses absolute immunity from disclosing work products when they divulge the attorney's "mental impressions, conclusions, opinions, or legal theories" regarding litigation. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, pp. 205-208.

Privilege (a) Definitions. As used in this section: (1) A "patient" is a person who consults or is examined or interviewed by a physician or psychotherapist for treatment or diagnosis. (2) A "physician" is a person authorized and duly licensed to practice medicine in any state, nation, or U.S. Territory, or reasonably believed by the patient to be authorized and duly licensed. (3) A "behavioral health provider" is a licensed professional counselor of behavioral health or licensed associate counselor as authorized under the Virgin Islands Code or aVirgin Islands Code social worker as authorized under the Virgin Islands Code. (4) A "psychotherapist" is (i) a person authorized and duly licensed to practice medicine in any state, nation, or U.S. Territory, or reasonably believed by the patient to be authorized and duly licensed, while engaged in the diagnosis or treatment of a mental or emotional condition, including alcohol or drug addiction, or, (ii) a person licensed or certified as a psychologist under the laws of any state, nation, or U.S., territory while similarly engaged. (5) A communication is "confidential" if not intended to be disclosed to third persons, except persons present to further the interest of the patient in the consultation, examination or interview, persons reasonably necessary for the transmission of the communication, or persons who are participating in the diagnosis and treatment under the direction of the behavioral health provider, physician or psychotherapist, including members of the patient's family. (b) General Rule of Privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing his confidential communications made for the purpose of diagnosis or treatment of the patient's physical, mental or emotional condition, including alcohol or drug addiction, among the patient, the patient's behavioral health provider, physician or psychotherapist, and persons who are participating in the diagnosis or treatment under the direction of the behavioral health provider, physician or psychotherapist, including members of the patient's family. (c) Who May Claim the Privilege. The privilege may be claimed by the patient, the patient's guardian or conservator, or the personal representative of a deceased patient. The person who was the behavioral health provider, physician or psychotherapist at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the patient. (d) Exceptions. (1) Proceedings for Hospitalization. There is no privilege under this section for communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the behavioral health provider, physician or psychotherapist in the course of diagnosis or treatment has determined that the patient is in need of hospitalization. (2) Examination by Order of Court. There is no privilege under this section for communications made in the course of a court-ordered investigation or examination of the physical, mental or emotional condition of the patient, whether a party or a witness, with respect to the particular purpose for which the examination is ordered, unless the court orders otherwise. (3) Condition an Element of Claim or Defense. There is no privilege under this section for communications relevant to an issue of the physical, mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of the patient's claim or defense or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of the party's claim or defense. (4) Commission of Crime or Fraud. There is no privilege under this section for communications if the services of the behavioral health provider, physician or psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit what the patient knew, or reasonably should have known, was a crime or fraud. (5) Danger to Self or Others. There is no privilege under this section for communications in which the patient has expressed intent to engage in conduct likely to result in imminent death or serious physical injury to the patient or another individual. (6) Breach of Duty. There is no privilege under this section for communications relevant to a breach of duty by the behavioral health provider, physician or psychotherapist. (7) Appointment of Guardian; Child Abuse Cases. There is no privilege under this section for communications relevant to a proceeding brought to appoint a guardian or in child abuse cases. (8) Statutory Law or Rule. There is no privilege for communications subject to disclosure pursuant to statutory law or rule. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, pp. 208-210; amended Jan. 6, 2019, No. 8152, § 1(a)(2), Sess. L. 2018, p. 327.

(a) Definition. The "spousal privilege" covers testimony regarding events occurring at any time, even before marriage, so long as the testimony occurs while the parties are married. The focus of the privilege is not on the content of the testimony but rather on prohibiting testimony against a spouse. A valid marriage must exist when the witness-spouse is called to testify for spousal immunity to apply. (b) Holder of Privilege. The spouse who is a party in the case, not the testifying witness, holds the privilege. Even if the witness-spouse wishes to testify, witness-spouse cannot unless the party-spouse waives the privilege. (c) Criminal Proceedings. A prosecutor may not compel a witness-spouse to testify against a criminal defendant-spouse during any criminal or grand jury proceeding. Only the witness-spouse, not the accused- spouse, may assert the right not to testify. Therefore, the witness-spouse may testify against the accused- spouse over the objection of the accused-spouse. (d) Terminates upon Divorce. Spousal immunity terminates when a marriage ends pursuant to law. (e) Family Disputes Exempt. Spousal immunity does not apply in cases involving litigation between spouses regarding domestic violence against, or incest with, family members, in any proceeding in which one spouse is charged with a crime or tort against the person or property of the other spouse or a minor child of either spouse, or in any proceeding, in the discretion of the court, if the interest of the minor child of either spouse may be adversely affected by the invocation of the privilege. Spousal immunity does not apply in civil proceedings in which spouses are adverse parties. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, pp. 210, 211.

(a) Definition. The "Marital Communication Privilege" prohibits spouses from divulging confidential communications between them that occurred during their marriage, without the other's consent. (b) Holder of Privilege. Both of the spouses hold the privilege which applies in both criminal and civil proceedings. Either spouse may invoke the privilege not to testify regarding confidential communications between the spouses made while married. Each spouse may prevent the other from testifying regarding confidential communications. (c) Effect of Divorce. The marital communication privilege does not terminate upon divorce and may be asserted by either party even after the parties are divorced. (d) Exceptions. The marital communication privilege does not apply to communications that occurred before the marriage or in the presence of third parties during the marriage. It does not apply when the spouses are involved in litigation regarding domestic violence against, or incest with, family members, and in any proceeding, in discretion of the court, if the interest of the minor child of either spouse may be adversely affected by the invocation of the privilege. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, p. 211.

(a) Definitions. As used in this section: (1) A "clergyman" is a minister, priest, rabbi, accredited Christian Science practitioner or other similarly functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him or her. (2) A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication. (b) General Rule of Privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman in his professional character as a spiritual adviser. (c) Who May Claim the Privilege. The privilege may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. The person who was the clergyman at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the communicant. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, pp. 211, 212.

(a) General Rule of Privilege. Every person has a privilege to refuse to disclose the tenor of his or her vote at a political election conducted by secret ballot. (b) Exceptions. This privilege does not apply if the court finds that the vote was cast illegally or determines that the disclosure should be compelled pursuant to the election laws of the U.S. Virgin Islands. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, p. 212.

A person has a privilege which may be claimed by him or his agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret, owned by him, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. If disclosure is directed, the court shall take such protective measures as the interest of the holder of the privilege and of the parties and the interest of justice may require. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, p. 212.

Privileges (a) Claim of Privilege. If the law of the United States creates a governmental privilege that the courts of the U.S. Virgin Islands must recognize under the Constitution of the United States or the Revised Organic Act of 1954, the privilege may be claimed as provided by the laws of the United States. (b) Recognition of Privilege. No other governmental privilege is recognized except as created by the Constitution of the United States, the Revised Organic Act of 1954, or laws of the United States Virgin Islands. (c) Effect of Sustaining Claim. If a claim of governmental privilege is sustained and it appears that a party is thereby deprived of material evidence, the court shall make any further orders the interests of justice require, including striking the testimony of a witness, declaring a mistrial, finding upon an issue as to which evidence is relevant, or dismissing the action. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, pp. 212, 213.

(a) Rule of Privilege. The United States, or a state, or a Territory of the United States, or subdivision thereof, has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of a law to a law-enforcement officer or member of a legislative committee or its staff conducting an investigation. (b) Who May Claim. The privilege may be claimed by an appropriate representative of the public entity to which the information was furnished. (c) Exceptions. (1) Voluntary Disclosure; Informer a Witness. No privilege exists under this section if the identity of the informer or his interest in the subject matter of his communication has been disclosed to those who would have cause to resent the communication by a holder of the privilege or by the informer's own action, or if the informer appears as a witness for the government. (2) Testimony on Relevant Issue. If it appears in a criminal case that an informer may be able to give testimony which would materially aid the defense, or, in a civil case, which would be relevant to a fair determination of a material issue on the merits of a case in which a public entity is a party, and the informed public entity invokes the privilege, the court shall give the public entity an opportunity to show in camera facts relevant to determining whether the informer can, in fact, supply that testimony. The showing will ordinarily be in the form of affidavits, but the court may direct that testimony be taken if it fords that the matter cannot be resolved satisfactorily upon affidavit. If the court finds there is a reasonable probability that the informer can give the testimony, and the public entity elects not to disclose its identity, in criminal cases the court on motion of the defendant or on its own motion shall grant appropriate relief, which may include one or more of the following: Requiring the prosecuting attorney to comply, granting the defendant additional time or a continuance, relieving the defendant from making disclosures otherwise required of him, prohibiting the prosecuting attorney from introducing specified evidence, and dismissing charges. In civil cases, the court may make any order the interests of justice require. Evidence submitted to the court shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the informed public entity. All counsel and parties are permitted to be present at every stage of proceedings under this subsection except a showing in camera at which no counsel or party shall have the right to be present. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, pp. 213, 214.

A person upon whom these sections confer a privilege against disclosure waives the privilege if the person or a predecessor of the person, while holder of the privilege, voluntarily discloses or consents to disclosure of any significant part of the privileged matter. This section does not apply if the disclosure itself is privileged. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, p. 214.

Opportunity to Claim Privilege A claim of privilege is not defeated by a disclosure which was (1) compelled erroneously or (2) made without opportunity to claim the privilege. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, p. 214.

(a) Comment or Inference not Permitted. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by Judge or Counsel. No inference may be drawn therefrom. (b) Claiming Privilege Without Knowledge of Jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the jury. (c) Jury Instruction. Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom. (d) Right Against Self-Incrimination. Nothing in these rules shall prevent an accused or a witness in a criminal proceeding from invoking his or her Fifth Amendment right against self-incrimination. History: Added Oct. 7, 2011, No. 7306, § 1, Sess. L. 2012, pp. 214, 215.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

History: Repealed. Apr. 7, 2010, § 15(b), Sess. L. 2010, p. 50.

The official undertaking or other security of a public officer of the Virgin Islands or a public corporation therein shall be deemed a security to all persons severally for the official delinquency against which it is intended to provide.

When a public officer, by official misconduct or neglect of duty, shall forfeit his official undertaking or other security, or render his sureties therein liable upon such undertaking or other security, any person injured by such misconduct or neglect, or who is by law entitled to the benefit of the security, may maintain an action thereon in his own name against the officer and his sureties to recover the amount to which he may be entitled by reason thereof.

Before such action can be commenced by a plaintiff other than the government of the Virgin Islands or public corporation, leave shall be obtained of the court where the action is triable. Such leave shall be granted upon the production of a certified copy of the undertaking or other security and an affidavit of the plaintiff, or some person in his behalf, showing the delinquency. If the matters set forth in the affidavit are such that, if true, the party applying would clearly not be entitled to recover in the action, the leave shall not be granted. If it does not appear from the complaint that the leave herein provided for has been granted, the defendant on motion shall be entitled to judgment for nonsuit; if it does, the defendant may controvert the allegation, and if the issue is found in his favor judgment may be given accordingly.

A judgment in favor of a party for one delinquency shall not preclude the same or another party from maintaining another action on the same undertaking, or other security, for another delinquency.

In an action upon an official undertaking or other security, if judgment has already been recovered against the surety therein, other than by confession, equal in the aggregate to the penalty or any part thereof of such undertaking or other security, and if such recovery is established on the trial, judgment shall not be given against such surety for an amount exceeding such penalty, or such portion thereof as is not already recovered against him.

Fines and forfeitures may be recovered by an action in the name of the officer or person to whom they are by law given, or in the name of the officer who by law is authorized to prosecute for them.

When an action is commenced for a penalty which by law is not to exceed a certain amount, the action may be commenced for that amount, and if judgment is given for the plaintiff, it may be for such amount or less, in the discretion of the court, in proportion to the offense.

A recovery of a judgment for a penalty or forfeiture by collusion between the plaintiff and defendant, with intent to save the defendant, wholly or partially, from the consequences contemplated by law, in case where the penalty or forfeiture is given, wholly or partly, to the person who prosecutes, shall not bar the recovery of the same by another person.

Property Fines and forfeitures not specially granted or otherwise appropriated by law, when recovered shall be paid to the clerk of the district court. Whenever, by the provisions of law, any property, real or personal, shall be forfeited to the government of the Virgin Islands or to any officer for its use, the action for the recovery of such property may be commenced wherever the defendant may be found, or wherever such property may be.

(a) As used in this section, "government of the Virgin Islands" includes any officer, board, commission, or other instrumentality of the government of the Virgin Islands acting in an official capacity on behalf of such government. (b) In any civil action in which the government of the Virgin Islands is a party, no bond, written undertaking, or security shall be required of the government of the Virgin Islands. Upon complying with other requirements, the government of the Virgin Islands has the same rights, remedies, and benefits as if the bond, undertaking, or security had been given and approved.

(a) An action may be maintained by any public corporation in the Virgin Islands upon a cause of action accruing to it, in any of the following cases: (1) Upon a contract made with such public corporation; (2) Upon a liability prescribed by law in favor of such public corporation; (3) To recover a penalty or forfeiture given to such public corporation; or (4) To recover damages for an injury to the corporate rights or property of such public corporation. (b) An action may be maintained against any public corporation in the Virgin Islands within the scope of its authority, or for an injury to the rights of the plaintiff arising from some act or omission of such public corporation. (c) In actions under this section the pleadings of the public corporation shall be signed or verified, if required, by the chief officer representing it in its corporate capacity or by such other officer, agent, or attorney as he may designate, in the same manner as if such officer were a party to the action.

Corporations (a) The writ of scire facias, the writ of quo warranto, and proceedings by information in the nature of quo warranto shall not apply in the Virgin Islands but the remedies formerly obtainable under those forms may be obtained by an action as prescribed in this chapter. (b) An action to dissolve a corporation and to forfeit its corporate rights and franchises shall be brought as provided in sections 288 and 289 of Title 13.

Acting As Corporation An action may be maintained in the name of the government of the Virgin Islands upon the information of the United States attorney or upon the relation of a private person against the person offending in the following cases: (1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, or any franchise within the Virgin Islands, or any office in a corporation, either public or private, created or formed by or under the authority of the Virgin Islands; or, (2) When any public officer has done or suffered an act to be performed which, by the provisions of law, makes a forfeiture of his office; or, (3) When any association or number of persons acts within the Virgin Islands as a corporation without being duly incorporated.

(a) Actions under this chapter shall be commenced and prosecuted by the United States attorney in the District Court of the Virgin Islands. He shall commence such an action whenever he has reason to believe that a cause of action exists and can be proven. (b) When an action under this chapter is commenced upon the relation of a private person having an interest in the question, such person shall be deemed a coplaintiff for all purposes of the action and as to the effect of any judgment which may be given therein. (c) In every case of private interest only, the relator shall give satisfactory security to the government of the Virgin Islands to indemnify it against the costs and expenses which may be incurred in the action. (d) Except as otherwise provided in this chapter, the procedure in actions hereunder shall be the same as that applicable to civil actions generally.

(a) Several persons may be joined as defendants in an action for the causes specified in subdivision (1) of section 1172 of this title, and in such action their respective rights to such office or franchise may be determined. (b) Whenever an action is brought against a person for any of the causes specified in subdivision (1) of section 1172 of this title, the United States attorney, in addition to the statement of the cause of action, may also separately set forth in the complaint the name of the person rightfully entitled to the office or franchise, with a statement of the facts constituting his rights thereto. In such case, judgment may be given upon the right of the defendant, and also upon the right of the person so alleged to be entitled, or only upon the right of the defendant as justice may require. (c) If judgment is given upon the right of the person so alleged to be entitled, and the same is in favor of such person, he shall be entitled to the possession and enjoyment of such franchise, or to take upon himself the execution of such office, after qualifying himself as required by law, and to demand and receive the possession of all the books, papers, and property of whatever nature belonging thereto. (d) If judgment is given upon the right and in favor of the person so alleged to be entitled, he may afterwards maintain an action to recover the damages which he may have sustained by reasons of the premises. In such action the defendant may be arrested and held to bail in the same manner and with the like effect as in other actions where the defendant is subject to arrest.

When a defendant against whom an action has commenced for any of the causes specified in subdivision (1) of section 1172 of this title, is determined to be guilty of usurping or intruding into, or unlawfully holding or exercising any office or franchise, judgment shall be given that such defendant be excluded therefrom. The court may also in its discretion impose a fine upon the defendant not exceeding $500.

A judgment in any action under this chapter in respect to costs may be enforced by execution as a judgment which requires the payment of money. In all other respects, obedience to the judgment may be enforced by attachment of the body of the defendant, or, if the defendant is a corporation, the body of any or all of the officers or members of such corporation refusing or neglecting obedience thereto.

No voluntary assignment for the benefit of creditors hereafter made shall be valid unless the same is made in conformity to the terms of this chapter.

Every assignment for the benefit of creditors shall be of all the property, real and personal, of the assignor or assignors therein named, wherever situated, except so much thereof as may be exempt by law from levy and sale on execution.

(a) Real property so assigned shall be described in the deed of assignment in such manner as would be requisite in an ordinary deed of conveyance thereof, and real property claimed to be exempt shall be expressly excepted by like description. (b) Personal property claimed to be exempt shall be separately specified and described as such in the inventory of the assignor or assignors required by this chapter.

In every such assignment the clerk of the district court shall be named as assignee.

Such assignment shall be in writing, and shall be executed and acknowledged in the manner in which a conveyance of real property is required to be executed and acknowledged in order to entitle the same to be recorded. Within twenty-four hours after its execution it shall be filed for record in the clerk's office. If it conveys real property it shall be recorded in the office of the recorder of deeds.

Immediately upon the execution and delivery of any such assignment, the clerk shall take possession of all the assigned estate, and preserve, insure, and safely keep the same for administration according to law. The clerk and his sureties shall be liable, upon his official bond, for the faithful execution of the trust created by the assignment, for the preservation of the assigned estate, and for the accounting for and paying over of all moneys derived therefrom. He shall, under order of the district court, inspect the assigned estate, and take all necessary steps to sell or properly dispose of any and all perishable goods or property of said estate.

Within ten days after the assignment is made the assignor or assignors executing the same shall make and file in the district court an inventory verified by the affidavit of the person or persons making the same, that the same is in all respects full, true, and accurate according to the best of their knowledge and belief, and showing: (1) all the creditors of the assignor or assignors; (2) the place of residence of each creditor, if known to the assignor or assignors, and if not known, that fact must be stated; (3) the sum owing to each creditor, and the nature of each debt or liability, whether arising on written security, account, or otherwise; (4) the true consideration of the liability in each case; when and where it arose; and whether there has been any renewal or new promise in relation thereto; (5) every existing mortgage, judgment, or other security for the payment of any debt or liability of the assignor or assignors; (6) all property of the assignor or assignors at the date of the assignment which is exempt by law from execution; and (7) all of the assignor's property at the date of the assignment, both real and personal, of every kind and wherever situated, not so exempt; the encumbrances existing thereon; all vouchers and securities relating thereto; and the value of such property in detail according to the best of the assignor's knowledge.

Immediately upon the receipt of the inventory, the judge of the district court shall fix a day, not more than fifteen days thereafter, for a meeting of the creditors of such assignor or assignors at his office for the purpose of choosing an assignee to succeed the clerk in the trust. He shall immediately give notice of the time and place of the meeting by publication in a newspaper of general circulation published in the Virgin Islands and also shall within two days after the first publication thereof, send a copy of the notice to each creditor mentioned in the inventory, addressed to his place of residence therein named, with postage prepaid. No informality or neglect with reference to the notice shall invalidate an action taken pursuant thereto or to the order of the court.

At the time and place fixed in the order, the creditors, or so many of them as are present in person or by proxy, may proceed by ballot to choose an assignee to succeed the clerk, and the clerk shall not be eligible. At the election each creditor shall be entitled to cast one vote, but no person shall be regarded as chosen unless he receives the votes of creditors representing a majority of the gross indebtedness, and is also voted for by one-third of all the creditors. No creditor shall be permitted to vote upon any claim against the assignor or assignors unless the same is verified by the affidavit of the creditor to be just and reasonable and wholly unpaid to the extent claimed, setting forth the true consideration thereof and that the same is not, to the best of his knowledge and belief, subject, to any legal or equitable claim, recoupment, counterclaim, or set-off, which if allowed, would reduce the debt below the amount claimed.

The meeting of the creditors may be adjourned from day to day not exceeding three days. If there is a failure to choose an assignee as provided in section 1209 of this title, the clerk shall remain the assignee of the estate.

(a) Immediately upon the adjournment of the creditors' meeting the clerk and the assignee, if any is chosen at the meeting, shall proceed to make and return to the district court an inventory and appraisement of the entire estate assigned. (b) From time to time, the assignee shall file in the court an additional inventory and valuation of any property coming into his hands after the filing of any former inventory, which shall be treated as a part of the original inventory and appraisement.

The clerk shall deliver to such assignee all the personal property belonging to such estate, and shall execute and deliver to such assignee, as such, a deed of quit claim of all real property conveyed by the assignment.

(a) Upon the day of meeting of the creditors the judge shall fix a day, not more than 60 nor less than 30 days thereafter, within which all claims against the assignee estate shall be filed, and within which the assignee or assignor or any creditor may file any objection, defense, set-off, or counterclaim to any claim which the assignor might have opposed to the same had action been brought upon the same before assignment. Notice of the time so fixed shall be given in the manner provided in section 1208 of this title for notice of the first meeting of the creditors. Any claim, objection, set-off, or counterclaim not filed on or before the date so named shall be forever barred from being considered in the settlement of said estate or participating in any dividend therein. (b) Proof may be made of claims not due, but in such cases a reasonable rebate shall be made in case they do not draw interest, or in case they draw interest at a less rate than may be allowed by law.

Claims On the day following the day fixed under the provisions of section 1213 of this title all uncontested claims shall be allowed by the judge. Upon all contested claims the judge shall order pleadings, as nearly as practicable like those in ordinary civil actions, to be summarily made up, and thereupon said cause shall proceed as in ordinary civil actions.

Judgment in an action on a contested claim shall be that such claim or some amount thereof be allowed, or that the same be disallowed, or that the assignee recover from the person making the claim a certain amount. If the claim is allowed, judgment for costs shall be adjudged against the party or parties contesting the same. If the claim is allowed in part only, the court shall apportion the costs or adjudge them as may be just. If the claim is wholly disallowed, or the assignee recovers judgment, costs shall be adjudged against the claimant, but in no case shall the costs be paid out of the assigned estate except as otherwise provided in this chapter. In such cause the claimant shall be named as plaintiff, and the contestants or contestant as defendant. Judgment in favor of the assignee or for costs shall be collected as in other cases.

(a) Immediately upon the return of the inventory and appraisement, the assignee shall proceed to advertise for sale and sell the assigned estate in all respects as though the same had been taken on execution issued out of the district court. Real property so sold shall be conveyed by the assignee to the purchaser or purchasers of the same by deeds or deeds of conveyance, executed and acknowledged as in other cases, which shall convey all the interest the assignor had in the property sold at the date of the assignment. Before such conveyance is made the proceedings on the sale shall be returned to and confirmed by the court as in case of sales of real property on execution, and the court may set aside the sale or make any order in the premises as in case of such sales on execution. No notice of an application to have the sale confirmed need be given to any person, but any party interested may appear and resist the confirmation, and the application may be made by any person interested, and the assignee may be compelled by attachment by the court to make the return with all reasonable dispatch. (b) Notwithstanding the provisions of subsection (a) of this section, the creditors at their first meeting may, by a like vote as that required for the election of an assignee, require any portion or all the personal property assigned to be sold at private sale. Upon such request the court shall make an order that the personal property described in the request shall be sold by the assignee at private sale, and shall direct the mode of such sale whether the same being merchandise, shall be sold by retail or in job lots, or both, or otherwise, and whether upon any or upon what notice or advertisement, and such sale shall be solely for cash. No such property shall be sold at private sale for less than its appraised value, except upon written application of a majority in amount of the claims voted upon the election of the assignee, fixing the price, and on order of the court. The court shall also direct by order who shall be employed if any one, to assist at such private sale, and the amount of his or their compensation. The private sale shall not continue longer than sixty days after the making of the order authorizing the same. At the expiration of such time the remainder of such estate, if any, shall be immediately advertised and sold in the manner provided in subsection (a) of this section.

Immediately upon the sale of any portion of the estate, the assignee shall report to the court the description or descriptions of the property sold and the amount received for the same and shall retain the proceeds subject to the order of the court. He shall also make a like report between the first and fifth days inclusive of every calendar month after his appointment.

Moneys coming into the hands of the assignee shall be distributed in the following order- (1) to the payment of the fees and allowances of the assignee, clerk, marshal, attorneys, and officers; (2) to the payment of any public tax or assessment charged against the assignor or assignors or his or their property; (3) to the payment of claims for labor or wages of not more than 60 days; (4) to the payment of other preferred claims in full; (5) the balance shall be divided among the creditors so that the amount paid to each shall bear the same relation to the whole sum to be so divided that the amount of such creditor's claim shall bear to the aggregate amount of all the claims proven.

If at the time any order of distribution is made there is any contested claim still being litigated, a dividend shall be declared in its favor in all respects as though the same had been finally allowed, but the assignee shall be directed, in the order of distribution, to retain the same in his hands until the litigation shall be finally determined. When it is certified to the court by the clerk that litigation therein is finally determined, and that the time for appeal or proceedings in error therein has expired, or has been waived, the court shall make a further order determining the amount of such dividend to which such claimant is entitled, if any, and directing the assignee to pay such amount to such claimant and retain the balance of such dividend, if any, to be distributed in the same manner as other funds belonging to the estate.

(a) At the expiration of two hundred and ten days from the date of the inventory and appraisement, or sooner if, and as often as the assignee is in the possession of sufficient funds, the court shall order a distribution of all moneys in the assignee's hands, fixing the amount in dollars and cents to be paid to each person entitled thereto, and thereupon the assignee and his sureties shall become liable to such person therefor absolutely. The court may also enforce obedience to such order by the assignee by attachment for contempt, and may commit him to jail, or any suitable place of confinement and safekeeping until he shall comply therewith. (b) When all the estate has been converted into money, and all the contested claims have been finally determined and the result thereof certified to the court as provided in section 1219 of this title, the court shall make a final order of distribution, which shall be immediately obeyed. Such final order shall have the same effect and may be enforced in like manner as the order mentioned in subsection (a) of this section.

When the final order of distribution has been made, and the assignee has made return and satisfactory proof that he has obeyed all orders of distribution and paid the money as therein directed, the court shall enter an order discharging the assignee from all liability on account of said trust. Before such order is made, a time shall be fixed for hearing the matter and notice thereof shall be given in the manner provided with reference to the first meeting of creditors.

The judge may at any time cite the assignee to make an account, and shall do so whenever the assignee neglects or refuses to account at any time when he is required so to do by this chapter. The judge may enforce his orders in the premises by attachment as for contempt, and may punish disobedience thereto by fine and imprisonment as in other cases of contempt. Upon complaint of any creditor, and upon good cause shown, he may remove any assignee chosen by the creditors and restore the clerk to the execution of the trust and make all necessary orders in the premises.

A partnership estate may be assigned without including the individual property of the persons composing the partnership, or one or more of the partners may include his or their individual estate in the assignment. In that case separate inventories of the property and creditors of the estate shall be made and filed as provided in this chapter. The failure of the assignment as to one estate does not affect it as to any other. The partnership estate shall first be applied to the payment of partnership debts, and individual estates shall first be applied to the payment of individual debts and the balance, if any, in the latter case shall be applied to the payment of debts of the former description, while the balance, if any, in former case belonging to an individual partner shall be applied to the payment of his individual debts.

The existence of an assignment, or the fact that any creditor has proven his claim against an assigned estate shall not affect the right of such creditor to pursue any remedy at law or in equity for the collection of his claim against all or any of the assignors or all or any of their estate or property. The any of their estate or property. The proving of a claim against either an individual or a partnership estate shall not affect the right of a creditor to attack the validity of the assignment.

Upon the application of the assignee or of any creditor, the court may compel, by citation or attachment, the assignor or assignors to appear in person forthwith or at such times as the court may fix, and answer under oath, such questions as may be put to them, or either of them, concerning the matter of the assignment. The assignor or the assignment. The assignor or assignors may thereupon be fully examined, upon oath, as to all matters touching their estate or property, its situation and amount, and as to whether any or what disposition has been made of the same or part thereof, and as to the names of creditors, their residence, and the amount due each. The court may also compel the completion or correction in any inventory made by the assignor or assignors, and the delivery of any money, choses in action, or property belonging to the assigned estate to the assignee. The court may compel obedience to its order in the premises by fine or imprisonment as for contempt as in other cases.

When an affidavit is filed by any person interested in the estate, alleging that any person has, or that the affiant has good reason to and does verily believe that any person has, any property, goods, chattels, bills of exchange, promissory notes, credits, or effects of the assignor or assignors in his possession or under his control, or has knowledge of any of the property or effects of the assignor or assignors, the court may cite any such person to appear for examination. Such person may be examined, upon oath, in all respects, as to such matters as the assignor or assignors may be required to appear and be examined upon under the provisions of this chapter. The court may make any order with respect to any property or effects, found or disclosed to be in the possession or under the control of such person, which it might make with respect to property or effects in the possession of an assignor, and may enforce obedience to its orders in the premises in like manner.

The assignee shall have full power, except as otherwise provided in this chapter, to sue for and recover in his own name as assignee, all and singular, the estate, property and effects, real and personal, and amounts owing upon choses in action, and to execute and give releases, acquittances, and discharges and generally to do all manner of things requisite and convenient for the speedy and effectual collection of the estate which the assignor or assignors might or could have made, given, or done, if such assignment had not been made.

(a) Every assignment shall be void as to the creditors of the assignor if - (1) it gives a preference of one debt or class of debts over another, except a preference to any person of not more than the amount due for sixty days for labor or wages; (2) it requires any creditor to release or compromise his demand; (3) it reserves any interest in the assigned property or any part thereof to the assignor or assignors, or for his or their benefit, before his or their existing debts have been paid; or (4) it confers any power upon the assignee, other or different from those contained in this chapter. (b) If the assignor or assignors fail to make the inventory required to be made by him or them by this chapter within the time required by this chapter, the assignment shall not be void, but the court may by attachment or other proper remedy compel the making and return thereof by the assignor. An omission of any property, or of the name or claim of any creditor therefor, shall not avoid the assignment.

If the assignor or assignors have made any fraudulent conveyance or disposition of his or their property, or any part of it, or any conveyance of the same, or any part of it, in whole or in part directly or indirectly for his or their benefit, the assignee shall upon the direction in writing of a majority in number of the creditors owning two-thirds in amount of all the claims proven against the estate at the time fixed for proving the same, begin and maintain an action for the purpose of setting said conveyance aside, or having the same adjudged void, or to recover the property so conveyed in such action the assignee shall have all the rights and be entitled to all the remedies of judgment creditors of the assignor or assignors. If in such case a like action is pending in favor of any creditor or creditors, such assigned property shall be disposed of as other like property belonging to the assigned estate.

(a) If a person being insolvent, or in contemplation of insolvency, within 90 days before the making of any assignment, makes a sale, assignment, transfer, or other conveyance of any description of any part of his property, to a person who then has reasonable cause to believe him to be insolvent or in contemplation of insolvency, and such sale, assignment, transfer, or other conveyance is made with a view to prevent the property from coming to his assignee in insolvency, or to prevent the same from being distributed under the laws relating to insolvency, or to defeat the object of or in any way to impair, hinder, impede or delay the operation and effect of, or to evade any said provisions, the sale, assignment, transfer, or conveyance shall be void, and the assignee may recover the property or the assets of the insolvent. If such sale, assignment, transfer, or conveyance is not made in the usual and ordinary course of business of the debtor, that fact shall be prima facie evidence of such cause of belief. (b) If a person being insolvent, or in contemplation of insolvency, within 90 days before the making of the assignment, with a view to giving a preference to a creditor or person who has a claim against him, procures any part of his property to be attached, sequestered, or seized on execution, or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property, either directly or indirectly, absolutely or conditionally, the person receiving such payment, pledge, assignment, transfer, or conveyance, or to be benefited thereby, having reasonable cause to believe such person is insolvent, or is in contemplation of insolvency, and that such payment, pledge, assignment, or conveyance is made in fraud of the laws relating to insolvency, the same shall be void, and the assignee may recover the property, or the value of it, from the person so receiving it or so to be benefited.

Whoever, in contemplation of making an assignment for the benefit of creditors- (1) secretes or conceals any property belonging to his estate; or, (2) parts with, conceals, destroys, alters, mutilates, or falsifies, or causes to be concealed, destroyed, altered, mutilated, or falsified, any book, deed, document, or writing relating to his estate or property; or, (3) removes, or causes to be removed, any such property, or book, deed, writing, or document out of the Virgin Islands, or otherwise disposes of any part thereof with intent to prevent its coming into the possession of the clerk or assignee, or to hinder, impede, or delay them, or either of them, in removing or receiving the same; or (4) makes any payment, gift, sale, assignment, transfer, or conveyance of any property belonging to his estate with like intent; or, (5) spends any property belonging to his estate, in gaming; or, (6) wilfully and fraudulently, with intent to defraud, conceals from his assignee or omits from his inventory, any property or effects; or, (7) having reason to suspect that any other person has presented a false or fictitious demand against his estate, fails to disclose the same to his assignee within one month after its coming to his knowledge or belief; or, (8) fraudulently attempts to account for any of his property by fictitious losses or expenses; or, (9) within three months, next before the assignment for the benefit of creditors, under the false color and pretense of carrying on business and dealing in the ordinary course of trade, obtains on credit from any person any goods or chattels with intent to defraud such person; or, (10) within three months next before the assignment for the benefit of creditors with the intent to defraud his creditors, pawns, pledges, or disposes of, otherwise than by transactions made in good faith in the ordinary way of his trade, any of his goods, chattels, or property, which have been obtained on credit and remain unpaid for - shall be imprisoned not more than four years.

The district court may, in its discretion, after the final order of distribution, issue a further final order discharging the assignor from any and all liabilities existing on the date of the filing of the assignment.

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder.

A contract may be construed either before or after there has been a breach thereof.

Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto: (a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or (b) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

The enumeration in sections 1262, 1263, and 1264 of this title, does not limit or restrict the exercise of the general powers conferred in section 1261 of this title, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.

The procedure for obtaining a declaratory judgment pursuant to this chapter shall be in accordance with the Federal Rules of Civil Procedure, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39 thereof. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.

The word "person" wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those jurisdictions which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.

Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint.

Application for the writ of habeas corpus shall be made by petition signed either by the party for whose relief it is intended or by some person in his behalf. The petition shall comply with the following requirements: (1) It shall specify that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty and the officer or person by whom, and the place where, he is so confined or restrained, naming all the parties, if they are known, or describing them, if they are not known. (2) If the imprisonment is alleged to be illegal, the petition shall state in what the alleged illegality consists. (3) The petition shall be verified by the oath of the party making the application.

The writ of habeas corpus may be granted by the district court, upon petition by or on behalf of any person restrained of his liberty.

The court authorized to grant the writ, to whom a petition therefor is presented, shall grant the same without delay, if it appears that the writ ought to issue.

The writ shall be directed to the person having custody of or restraining the person on whose behalf the application is made, and shall command him to have the body of such person before the court before which the writ is returnable, at a time and place therein specified.

If the writ is directed to any ministerial officer of the court out of which it issues, it shall be delivered by the clerk to such officer without delay, as other writs are delivered for service. If it is directed to any other person it shall be delivered to such officer and be by him served upon such person by delivering the same to him without delay. If the person to whom the writ is directed cannot be found, or refuses admittance to the officer or person serving or delivering such writ it may be served or delivered by leaving it at the residence of the person to whom it is directed, or by affixing it to some conspicuous place on the outside either of his dwelling house or of the place where the party is confined or under restraint.

If the person to whom the writ is directed refuses after service to obey the same, the court, upon affidavit, shall issue an attachment against such person, directed to any officer, commanding him forthwith to apprehend such person and bring him immediately before such court or judge; and upon being so brought, he shall be committed to jail until he makes due return to such writ, or is otherwise legally discharged.

(a) The person upon whom the writ is served shall state in his return, plainly and unequivocally- (1) whether he has or has not the party in his custody or under his power or restraint; and (2) if he has the party in his custody or power, or under his restraint, the authority and cause of such imprisonment or restraint. (b) If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof shall be annexed to the return, and the original produced and exhibited to the court on the hearing of such return. (c) If the person upon whom the writ is served had the party in his power or custody or under his restraint at any time prior or subsequent to the date of the writ of habeas corpus but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time and place, for what cause, and by what authority, such transfer took place. (d) The return shall be signed by the person making the same, and, except when such person is a sworn public officer, and makes such return in his official capacity, it shall be verified by his oath.

The person or officer on whom the writ is served shall bring the body of the party in his custody or under restraint, according to the command of the writ.

Immediately after the return, the court shall proceed to hear and examine the return, and such other matters as may be properly submitted to its hearing and consideration.

The party brought before the court on the return of the writ may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. The court shall thereupon proceed in a summary way to hear such proof as may be produced against such imprisonment or detention, or in favor of the same, and to dispose of such party as the justice of the case may require. The court shall have full power and authority to require and compel the attendance of witnesses, by process of subpoena and attachment, and to do and perform all other acts and things necessary to a full and fair hearing and determination of the case.

If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, the court shall discharge such party from the custody or restraint under which he is held.

If the time during which such party may be legally detained in custody has not expired, the court shall remand such party if it appears that he is legally detained in custody- (1) by virtue of process issued by a court or judge in a case where such court or judge has jurisdiction; or (2) by virtue of a warrant or final judgment or decree of any competent court of criminal jurisdiction, or of any process issued upon such warrant, judgment or decree.

If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restriction of section 1313 of this title: (1) When the jurisdiction of such court or officer has been exceeded. (2) When the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge. (3) When the process is defective in some matter of substance required by law rendering such process void. (4) When the process, though proper in form, has been issued in a case not allowed by law. (5) When the person having custody of the prisoner is not the person allowed by law to detain him. (6) Where the process is not authorized by any order, judgment or decree of any court, nor by any provision of law. (7) Where a party has been committed on a criminal charge without reasonable or probable cause.

If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment of a judge, such person shall not be discharged on the ground of any mere defect of form in the warrant of commitment.

If it appears to the court, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the court, that the party is guilty of a criminal offense, or ought not to be discharged, although the charge is defective or unsubstantially set forth in such process or warrant of commitment, the court shall cause the complainant or other necessary witnesses to be subpoenaed to attend at such time as ordered, to testify before the court, and upon the examination he may discharge such prisoner, let him to bail, if the offenses are bailable, or recommit him to custody, as may be just and legal.

Any person who has been committed on a criminal charge may be brought before a judge on a writ of habeas corpus, if the writ issues out of the proper court.

If a party brought before the court on the return of the writ is not entitled to his discharge, and is not bailed where such bail is allowable, the court shall remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was is legally entitled thereto.

In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the court may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.

Until judgment is given on the return, the court before whom any party may be brought on such writ may commit him to the custody of the Commissioner of Public Safety, or place him in such care or under such custody as his age or circumstances may require.

No writ of habeas corpus shall be disobeyed for defect in form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the court before whom he is to be brought.

No person who has been discharged by order of the court upon habeas corpus shall be again imprisoned or restrained, or kept in custody for the same cause, except in the following cases: (1) If he has been discharged from custody on a criminal charge, and is afterwards committed for the same offense, by legal order or process. (2) If, after a discharge for defect of proof, or for any defect of the process, warrant, or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the proceeding offense.

(a) When it appears to the court that anyone is illegally held in custody, confinement or restraint and that there is reason to believe that such person will be carried out of the jurisdiction of the court before whom the application is made, or will suffer some irreparable injury before compliance with the writ of habeas corpus can be enforced, the court may cause a warrant to be issued, reciting the facts, and directed to any officer, commanding such officer to take such person thus held in custody, confinement, or restraint and forthwith bring him before the court to be dealt with according to law. (b) The court may also insert in such warrant a command for the apprehension of the person charged with such illegal detention and restraint. (c) The officer to whom such warrant is delivered must execute it by bringing the person therein named before the court. (d) The person alleged to have such party under illegal confinement or restraint may make return to such warrant, as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs, and trial may thereupon be had as upon a return to a writ of habeas corpus. (e) If such party is held under illegal restraint or custody, he must be discharged, and if not, he must be restored to the care or custody of the person entitled thereto.

Any writ or process authorized by this chapter may be issued and served on any day or at any time.

(a) All writs, warrants, process, and subpoenas authorized by the provisions of this chapter shall be issued by the clerk of the court, and except subpoenas, shall be sealed with the seal of such court, and served and returned forthwith, unless the court specifies a particular time for any such return. (b) All such writs and process, when made returnable before a judge, must be returned before him at the place of holding court, and there heard and determined.

Performance of Duties (a) In an appropriate action, or upon an appropriate motion in an action, under the practice prescribed in the Federal Rules of Civil Procedure and in this title, the district court may issue a mandatory order to any inferior court, corporation, board, officer, or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station. Although such order may require the court, corporation, board, officer, or person to exercise its or his judgment, or proceed to the discharge of any of its or his functions, the order shall not control judicial discretion. The order shall not be issued in any case where there is a plain, speedy, and adequate remedy in the ordinary course of the law. (b) When an order under subsection (a) of this section is directed to a public officer or body commanding the performance of any public duty specially enjoined by law, if it appears to the court that such officer or any member of such body has refused or neglected to perform the duty so enjoined without just excuse, the court may imprison, or impose a fine of not more than $1,000 upon, every such officer or member of such body for each refusal.

(a) The district court and Superior Court shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, corporation, association, or society having in his or its custody or possession any money or property in an amount of a value within the respective jurisdictions of such courts, as the case may be, or having issued a note, bond, certificate, policy of insurance, or other instrument of such amount or value, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obligation written or unwritten to such amount, if- (1) two or more adverse claimants are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or arising by virtue of any such obligation; and (2) the plaintiff has deposited such money or property or has paid the amount of or the loan or other value of such instrument or the amount due under such obligation into the registry of the court, there to abide the judgment of the court, or has given bond payable to the clerk of the court in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance by the plaintiff with the future order or judgment of the court with respect to the subject matter of the controversy. (b) Such an action may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent of one another. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11.

Any party to any proceeding before or by any officer, board, commission, authority, or tribunal may have the decision or determination thereof reviewed for errors therein as prescribed in this chapter and rules of court. Upon the review, the court may review any intermediate order involving the merits necessarily affecting the decision or determination sought to be reviewed.

The writ of review shall be allowed in all cases where there is no appeal or other plain, speedy, and adequate remedy, and where the officer, board, commission, authority, or tribunal in the exercise of his or its functions appears to have exercised such functions erroneously, or to have exceeded his or its jurisdiction, to the injury of some substantial right of the plaintiff.

Upon the review provided for in this chapter the court shall have power to affirm, modify, reverse, or annul the decision or determination reviewed, and, if necessary, to award restitution to the plaintiff, or, by mandate, direct the officer, board, commission, authority, or tribunal to proceed in the matter reviewed according to its decision. From the judgment of the district court on review an appeal may be taken in like manner and with like effect as from a judgment of such district court in a civil action.

(a) In any action based upon negligence to recover for injury to person or property, the contributory negligence of the plaintiff shall not bar a recovery, but the damages shall be diminished by the trier of fact in proportion to the amount of negligence attributable to the plaintiff. The burden of proving contributory negligence shall be on the defendant. If such claimant is found by the trier of fact to be more at fault than the defendant, or, in the case of multiple defendants, more at fault than the combined fault of the defendants, the claimant may not recover. (b) This section does not apply to any action based upon a statute the violation of which imposes absolute liability, whether or not such statute comprehends negligent conduct. (c) The trier of fact shall report by general verdict the total damages, in dollars and cents, not reduced by any contributory negligence of plaintiff, and if plaintiff is found to be contributorily negligent, shall also report the amount to which the damages are reduced by reason thereof, in dollars and cents, in which case the lesser monetary amount shall be the final verdict in the case. (d) Where recovery is allowed against more than one defendant, the trier of fact shall apportion, in dollars and cents, the amount awarded against each defendant. Liability of defendants to plaintiff shall be joint and several but, for contribution between defendants, each defendant shall be liable for that proportion of the verdict as the trier of fact has apportioned against such defendant; provided, however, no defendant in a cause of action concerning a motor vehicle accident shall be responsible for any judgment entered in favor of the plaintiff greater than the amount of negligence apportioned to such defendant unless the negligence of the defendant shall be greater than 50 percent, in which case the defendant shall be responsible for the total amount of the judgment entered in favor of the plaintiff, less any percentage of contributory negligence attributed to the plaintiff. (e) This section shall apply to all causes of action accruing 60 days after the effective date of this chapter. History: Added Feb. 15, 1973, No. 3382, Sess. L. 1973, p. 10; amended June 20, 1986, No. 5176, § 1(e), Sess. L. 1986, p. 180.

(a) This chapter may be cited as "The Virgin Islands Civil Procedure for Victims of Stalking Act" and its general purposes are to: (1) Assure that victims of stalking are granted the maximum protection from abuse that the law can provide; (2) Create a flexible and speedy remedy to discourage violence and harassment against individuals who are not related to the alleged perpetrator or others with whom the perpetrator has continuing contact; (3) Expand the ability of the Virgin Islands Police Department and law enforcement officers to assist victims, to enforce the law effectively in cases of stalking, and to prevent further incidents of abuse; (4) Develop a greater understanding within the Virgin Islands community of the incidences and causes of stalking; (5) Facilitate equal enforcement of the criminal laws of the Territory by deterring and punishing violence against individuals who are not personally involved with the offenders; and (6) Recognize that stalking is a serious crime that adversely affects its victims and which will no longer be excused or tolerated. (b) This chapter must be liberally construed to protect all victims of stalking and to ensure that they receive equal access to judicial protection. History: Added Aug. 18, 2015, No. 7744, § 1, Sess. L. 2015, p. 36, 37.

As used in this chapter: (1) "Stalking" means purposely and repeatedly following another person and engaging in a course of conduct or making a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily harm or injury and causing emotional distress. (2) "Credible threat" means an explicit or implicit threat made with the intent and the apparent ability to carry out the threat, so as to cause the targeted person to reasonably fear for personal safety or the safety of a family member. (3) "Course of conduct" means an act that happens more than once, however brief, within a year, directed at a specific person, evidencing a continuity of purpose which would cause a reasonable person to suffer substantial emotional distress; which includes but is not limited to the stalker's directly or indirectly, by any action, method or device, following, monitoring, observing, pursuing, threatening, or communicating to, or about a person, or interfering with a person's property. (4) "Harassment" means engaging in a knowing and intentional course of conduct directed at a specific person which alarms annoys torments or terrorizes the person and would cause a reasonable person to suffer emotional distress. (5) "cyberstalk" means to communicate, or to cause to be communicated, words, images, or language through the use of electronic mail or electronic communication directed to a specific person which serves no legitimate purpose, but causes that person substantial emotional distress. History: Added Aug. 18, 2015, No. 7744, § 1, Sess. L. 2015, p. 37.

(a) An adult person who is a victim of stalking may seek relief under this chapter by filing with the Magistrate Division of the Superior Court a verified petition on a form provided by the court. A verified petition must allege sufficient facts to establish the following: (1) The name of the stalking victim; (2) The name or physical description of the alleged perpetrator; (3) The dates on which the alleged stalking behavior occurred; and (4) The acts that the victim alleges constitute stalking. (b) A minor who is a stalking victim may have a parent, guardian, or adult residing with the minor file a verified petition on the minor's behalf, as prescribed in subsection (a). (c) Service of process upon the alleged perpetrator must be by personal service. (d) The victim's address and telephone number must remain confidential and may be disclosed only to authorized court or law enforcement personnel. History: Added Aug. 18, 2015, No. 7744, § 1, Sess. L. 2015, p. 37, 38; amended Mar. 23, 2016, No. 7844, § 10(a), Sess. L. 2016, p. 12.

(a) Prior to a hearing, upon good cause shown, the court on motion of a party may enter such temporary relief orders as it considers necessary. (b) No later than 10 days after the petition is filed under section 1473, a hearing must be held at which the parties shall have an opportunity to present evidence and testimony. The parties shall have the right to representation by counsel. (c) If a hearing held pursuant to subsection (b) is continued, the court may extend any temporary orders issued pursuant to subsection (a); however, a continuance may not be longer than 10 days. History: Added Aug. 18, 2015, No. 7744, § 1, Sess. L. 2015, p. 38; amended Mar. 23, 2016, No. 7844, § 10(b), Sess. L. 2016, p. 12.

(a) The Superior Court may issue a protection from stalking order granting any or all of the following relief: (1) Restraining the defendant or anyone acting on behalf of the defendant from following, harassing by personal, telephonic, or computerized contact, or by any other form of communication with the victim. (2) Restraining the defendant or anyone acting on behalf of the defendant from abusing, molesting, or interfering with the privacy rights of the victim. (3) Restraining the defendant or anyone acting on behalf of the defendant from entering upon the victim's property, residence, or place of employment, or within fifty feet thereof. (4) Providing any further relief that the court considers necessary based on the facts of the case. (b) All protection from stalking orders must contain language stating that if the order is violated the violation may constitute stalking pursuant to 14 V.I.C. § 2072 and must remain in effect for a period not to exceed two years or until amended, modified or dismissed by the court. (c) Upon motion of the plaintiff demonstrating good cause, the court may extend the order for an additional year. (d) The court may amend its order at any time upon motion filed by either party. (e) The court shall assess costs against the defendant and may award attorney fees and monetary compensation to the victim for injuries sustained during the incident to the victim in any case in which the court issues a protection from stalking order pursuant to this chapter. The court may award attorney fees to the defendant in any case in which the court finds that the petition to seek relief was frivolous. (f) Service of process upon alleged perpetrator must be by personal service. History: Added Aug. 18, 2015, No. 7744, § 1, Sess. L. 2015, p. 38, 39; amended Mar. 23, 2016, No. 7844, § 10(c), Sess. L. 2016, p. 12.

A copy of all protection from stalking orders issued pursuant to this chapter must be served upon the parties, and copies provided to the Virgin Islands Police Department. History: Added Aug. 18, 2015, No. 7744, § 1, Sess. L. 2015, p. 39.

(a) The purpose of this act is to establish a Children's Policy for the territory. (b) This policy shall be interpreted in conjunction with all relevant laws, regulations, and the cultural heritage of the child and shall apply to all children who have need of services including, but not limited to, those mentally, socially, emotionally, physically, developmentally, educationally or economically disadvantaged or handicapped; those dependent, neglected, abused or exploited; and, those who by their circumstance or action commit delinquent acts within this territory and are found to be in need of treatment or sanctions. (c) The policy for children who commit delinquent acts is a balance between treatment and sanctions. Emphasis is placed upon public safety and deterrence. Children should become aware through the imposition of sanctions that delinquent behavior will not be excused. Sanctions will be dispensed in a manner that is "appropriate to the seriousness of the offense". (d) It shall be the policy of this territory to concentrate on the prevention of children's problems as the most important strategy which can be planned and implemented on behalf of children and their families. The territory shall encourage community involvement in the provisions of children's services including, as an integral part, public and private groups in order to encourage and provide innovative strategies for children's services. To maximize resources in providing services to children in need, all departments providing service to children shall develop methods to coordinate their services' resources. For children with multiple needs, the furtherance of this policy requires that all children's service agencies recognize that their jurisdiction in meeting these children's needs is not mutually exclusive. (e) When children or their families request help, Federal and Territorial government resources shall be utilized to complement community efforts to help meet the needs of children by aiding in the prevention and resolution of their problems. The territory shall direct its efforts first to strengthen and encourage family life as the most appropriate environment for the care and nurturing of children. To this end, the territory shall assist and encourage families to utilize all available resources. For children in need of services, care and guidance, the territory shall attempt to secure those services needed to serve the emotional, mental and physical welfare of children and the best interests of the community, preferably in their homes or in the least restrictive environment possible. When children must be placed in care away from their homes, the territory shall attempt to ensure that they are protected against harmful effects resulting from the temporary or permanent inability of parents to provide care and protection of their children. It is the policy of this territory to reunite children with their families in a timely manner, whether or not the child has been voluntarily placed in the care of a department. When children must be permanently removed from their homes, they shall if practicable be placed in adoptive homes so that they may become members of a family by legal adoption or, absent that possibility, they shall be placed in other permanent settings. (f) The Children's Policy shall be implemented through the cooperative efforts of legislative, judicial and executive branches, as well as other public and private resources. Where resources are limited, services shall be targeted to those children in greatest need. (g) Further, it is the duty of every government officer and employee to render such assistance and cooperation as is within his jurisdictional power to further the objects of this chapter. All institutions or other agencies to which any child is committed shall give to the court or its representative such information concerning such child as the court may require. The court is authorized to seek the cooperation of and may use the available services of any societies or organizations, public or private, having for their objective the protection or aid of children or families, including family counseling services, to the end that the court may be assisted in every reasonable way to give the children and families within its jurisdiction such care, protection and assistance as will best enhance their welfare. (h) The laws relating to delinquency, persons in need of supervision, abuse and neglect shall be liberally construed to carry out the intent and purpose of the Children's Policy. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 143.

As used in this chapter, unless it is otherwise provided or the context requires a different construction, application or meaning: (1) "Abandoned child" means a child whose parents, guardian, or custodian desert him for such a length of time and under such circumstances as to show an intent to evade the duty of rearing him or a reckless disregard for his needs. It shall be a rebuttable presumption that the parent intends to abandon the child who has been left by his parent without any provision for his support, or without communication from such parent for a period of six months. If, in the opinion of the court, the evidence indicates that such parent has made only minimal efforts to support or communicate with the child, the court may declare the child to be abandoned. Abandonment is a form of neglect. (2) "Abuse" means any physical or mental injury inflicted on a child, other than by accidental means, by those responsible for the care and maintenance of the child, which injury causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health or loss or protracted impairment of the function of any bodily organ. "Abuse" includes the sexual abuse of a child, as defined by law, or the sexual exploitation, including the prostituting of a child and the photographing or other depiction of a child for pornographic purposes, or a persistent course of sexual conduct that causes a child's health or welfare to be harmed or threatened. (3) "Adjudicatory hearing" means a hearing conducted in accordance with sections 2517 and 2548 of this chapter in which the court makes its findings of fact and enters an appropriate order dismissing the case, withholding adjudication, or adjudicating the child to be a delinquent child, person in need of supervision, an abused or neglected child. (4) "Adult" means an individual 18 years of age or older. (5) "Attorney General" means the Attorney General of the Virgin Islands, or his designee. (6) "Case involving abuse" means any proceeding under this chapter in which there are allegations that one or more of the children of, or the legal responsibility of, the respondent are abused children. (7) "Child" means an individual under the age of 18 years. (8) "Commit" means to transfer legal and physical custody. (9) "Consent decree" means a decree, entered after the filing of a petition and before the entry of an adjudication order, suspending the proceedings and continuing the care of the child under supervision in the child's own home, under specific terms and conditions. (10) "Custodian" means a person or agency other than a parent, or guardian to whom legal custody has been given by the court order or who is acting in loco parentis. (11) "Delinquent act" means an act which, if committed by an adult, would constitute a crime under the laws of the Virgin Islands. (12) "Delinquent child" means a child who has been adjudicated to have committed a delinquent act. (13) "Detention care" means the temporary care of children alleged to be delinquent and held in custody pending disposition. (14) "Detention hearing" means a hearing at which the court determines whether it is necessary that the child be held in detention care, shelter care, some other placement outside his home, or in his own home under court imposed restrictions, pending a hearing to adjudicate delinquency, abuse or neglect or determine whether the child is a person in need of supervision. (15) "Detention home" means a facility to be used for the care of children alleged to be or adjudicated delinquent. A detention home may provide secure or nonsecure custody. (16) "Father" means, for purpose of this chapter only, a male parent of a child when: (a) he is married to a mother of the child when the child was conceived or when the child was born, unless a court of competent jurisdiction has, through court order, ruled to the contrary; or (b) it has been so determined by a court of competent jurisdiction; or (c) he has been given an order of adoption of the child by a court of competent jurisdiction; or (d) Paternity has otherwise been established pursuant to Title 16, chapter 11 oTitle 16ode; or (e) he otherwise makes a formal or unequivocal acknowledgment; (f) but does not mean a man whose parental rights have been terminated by a court of competent jurisdiction. (17) "Imminent danger to that child's life or health" means danger which involves: (a) substantial impairment of the intellectual, psychological or emotional capacity of a child caused by inhumane acts or conduct; (b) substantial impairment of physical well-being as evidenced by lack of adequate nutrition and medical care; (c) actual or attempted sexual abuse; (d) substantial physical pain; (e) serious bodily injury resulting in physical disfigurement; (f) substantial impairment of the function of a bodily member or organ; (g) injury which may result in death. (18) "Intake" means the acceptance of complaints and the screening of them to eliminate those which do not require action by the court, the disposition of the complaint without court action when appropriate, the referral of the child to another public or private agency when appropriate, and the instigation of court action when necessary. (19) "Legal custody" means in delinquency, person in need of supervision, abuse and neglect matters, a legal status created by court order which vests in a custodian the right to have physical custody of the child and to determine where and with whom he shall live within the territory, and the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to the powers, rights, duties and responsibilities given to a guardian by the court and subject to any residual parental rights and responsibilities. An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by the court. (20) "Neglect" means the failure by those responsible for the care and maintenance of the child to provide the necessary support, maintenance, education as required by law; and medical or behavioral health care, to the extent that the child's health or welfare is harmed or threatened thereby. It shall also mean an abandoned child as defined in this chapter. (21) "Parent" means the father or mother of a child and includes any adoptive parent. It does not include a person whose parental rights in respect to the child have been terminated in any manner provided by law. (22) "Person responsible for a child's care" includes the child's parent, guardian, custodian or other person or agency responsible for the child's welfare or care, whether the child is in his own home, shelter care, detention home, a relative's home, a foster home or a residential institution. (23) "Person in need of supervision" means a child who: (a) being subject to compulsory school attendance is habitually truant from school; or (b) habitually disobeys the reasonable demands of the person responsible for the child's care and is beyond their control; or (c) has run away from the person responsible for the child's care; or (d) habitually or unlawfully uses or consumes alcoholic beverages or controlled substances or habitually misuses other substances to his serious detriment. (24) "Probation" means the legal status created by court order following an adjudication of delinquency, or a person in need of supervision, whereby a minor is permitted to remain in a community environment, subject to supervision and to being returned to the court for violation of probation at any time during the period of probation. (25) "Protective supervision" means a legal status created by court order in neglect or abuse cases whereby the child is permitted to remain in his home. (26) "Residential institution" means a secure facility administered by the Youth Services Administration for the care of children adjudicated delinquent. (27) "Residual parental rights and responsibilities" means the rights and responsibilities remaining with the parent after transfer of legal custody or appointment of a guardian, including, but not necessarily limited to, the right of visitation, consent to adoption, the right to determine religious affiliation, and the responsibility for support. (28) "Respondent" means a party to an action, and is any parent, guardian or other person alleged to have abused or neglected such child in their care. (29) "Shelter care" means the temporary care of children in physically unrestricting facilities, including group homes. (30) The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this chapter. The terms "child", "juvenile" and "minor" are used interchangeably throughout this chapter and carry the same definition as "child", indicated above. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 145; amended May 5, 1998, No. 6228, § 3, Sess. L. 1998, p. 252; amended Jan. 6, 2019, No. 8152, § 1(a)(2), Sess. L. 2018, p. 327.

(a) No person appearing before the Family Division of the Superior Court on a "delinquency" or "person in need of supervision" matter shall be required to pay court costs and expenses. (b) No officer of the territory or of any political subdivision thereof shall be entitled to receive any fees for the service of process or for attendance in court in any "delinquency", "person in need of supervision", or "abuse or neglect" proceeding. All other persons acting under orders of the court may be paid for service of process and attendance or service as witnesses, the fees provided by law for like services in other cases before the Superior Court; such fees to be paid from appropriations provided when the allowances are certified by the judge. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 149.

Whenever a child is committed by the court to the custody of other than that of his parents, or is given medical, psychological or psychiatric treatment under order of the court, and no provision is otherwise made by law for the support of such child or payment for such treatment, compensation for the care and treatment of such child, when approved by order of the court, shall be charged upon the territory. The court may, after giving the parent a reasonable opportunity to be heard, order that such parent shall pay in such manner as the court may direct, such sum, within his ability to pay, as will cover in whole or in part the support and treatment of such child. If such parent shall willfully fail or refuse to pay such sum, the court may proceed against him as for contempt. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 149.

(a) A child alleged to be delinquent, or in the situation where a child is alleged to be a person in need of supervision and involuntary detention may result, is entitled to be represented by counsel. If the child and his parent, or other person responsible for his care is financially unable to obtain adequate representation, the child shall be entitled to have counsel appointed for him in accordance with the rules established by the court. In its discretion, the court may appoint counsel for the child over the objection of the child, his parent, or other person responsible for his care. (b) In neglect or abuse cases, the respondent named in the complaint shall be informed of his right to be represented by counsel and, upon request, counsel shall be appointed where the parties are unable, for financial reasons, to obtain their own, or where in the court's discretion, appointment of counsel is required in the interest of justice. (c) A child who is the subject of an abuse or neglect complaint or petition shall be provided counsel, to act in the role of guardian ad litem pursuant to section 2542 of this title. Counsel shall be appointed at the time when the matter comes to the attention of the court. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 149.

(a) At any time following the filing of a complaint, on motion of any party, or on its own motion, the court may order a child to be examined to aid in determining his physical or mental condition, including the emotional stability of the child. (b) Whenever possible, examinations shall be conducted on an outpatient basis, or a voluntary inpatient basis. The court may, after a hearing where the child is determined to be delinquent, a person in need of supervision, abused or neglected, commit the child to a suitable facility or institution for the purpose of examination. The order for examination shall specify the nature and objectives of the proposed examination as well as the place where the examination shall take place. To commit a child for examination to determine the child's capacity to participate in the proceedings, the court shall commit the child as provided by law for adults. (c) If, as a result of mental examination, the court determines that a child alleged to be delinquent or in need of supervision is incompetent to participate in proceedings under the complaint by reason of mental illness or substantial retardation, it shall suspend further proceedings. If proceedings are suspended, the Attorney General may initiate commitment proceedings pursuant to the law. (d) The results of an examination under this section shall be admissible in a transfer hearing pursuant to section 2509 of this title, in a dispositional hearing, or in a commitment hearing. (e) In all cases involving abuse the court shall order, and in all cases involving neglect the court may order an examination of the child by a physician appointed or designated for the purpose by the court. As part of such examination, if not already accomplished pursuant to section 2535 of this title, the physician shall arrange to have color photographs taken as soon as practical of any area of trauma visible on such child and may, if indicated, arrange to have a radiological examination performed on the child. The physician, on completion of such examination, shall forward the results thereof, together with the color photographs, to the court ordering such examination. The court may dispense with such examination in those cases which were commenced on the basis of a physical examination by a physician except that the court shall arrange to have color photographs taken even if the examination is dispensed with, unless color photographs have already been taken or unless there are no visible areas of trauma. (f) Following a finding that a child is neglected or abused, the court may order the mental or physical examination of the respondent, if his consent is given. The results of the examination or the refusal of the respondent to consent to an examination are admissible at a dispositional hearing on the petition alleging neglect or abuse. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 150.

(a) If, during the pendency of a criminal charge and prior to the time when jeopardy would attach in the case of an adult, the court with criminal jurisdiction determines that: (1) the case was initially brought before the court with criminal jurisdiction and the defendant was under 18 years of age at the time of the alleged offense; or (2) the case was improperly transferred to the court with criminal jurisdiction by the Family Division of the court due to a mistake as to the age of the child, the court with criminal jurisdiction shall forthwith transfer the case, together with all the papers, documents, and testimony connected therewith, to the Family Division of the court. When making such transfer, the court shall order said child to be taken forthwith to the place of detention designated by the Family Division of the court or to the court itself, or shall release such child to the custody of some suitable person, or a public or private agency to be brought before the Family Division of the court at a time designated. (b) If, during the pendency of a criminal charge and after the time when jeopardy would attach in the case of an adult, the court determines that: (1) the case was initially brought before the court with criminal jurisdiction and the defendant was under 18 years of age at the time of the alleged offense; or (2) the case was improperly transferred to the court with criminal jurisdiction by the Family Division of the court due to a mistake as to the age of the child, the court with criminal jurisdiction, with good cause shown, may elect to: (A) retain jurisdiction and (i) dismiss the action; or (ii) proceed with the trial; or (B) upon consent of the child, transfer the matter to the Family Division of the court as described in subsection (a) of this section. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 151.

(a) If a child or adult is charged with an offense which would be a felony if committed by an adult, and the child or adult was fourteen years of age or older at the time of the alleged offense, the Family Division of the Superior Court may transfer the person for proper criminal proceedings to a court of competent jurisdiction. (b) If a child or adult is charged with an offense which would be a felony if committed by an adult, and the child or adult was fourteen years of age or older at the time of the alleged offense, the Family Division of the Superior Court, after a determination of probable cause, shall transfer the person for proper criminal proceedings to a court of competent criminal jurisdiction when: (1) the person has been twice adjudicated to be a delinquent for offenses which would constitute a felony if committed by an adult; or (2) the offense now charged is an offense which would be a violent crime, as defined herein, if committed by an adult and the person has at least once been adjudicated to be a delinquent child for an offense which would constitute a felony if committed by an adult; or (3) the offense now charged is an offense which would be a felony if committed by an adult and the person has at least once been adjudicated to be a delinquent child for an offense which would be a violent crime, as defined herein, if committed by an adult; or (4) the offense now charged is one of the following offenses, which would be a felony if committed by an adult: murder in the first degree or an attempt to do so; rape in the first degree or an attempt to do so; aggravated rape or an attempt to do so; possession or use of a firearm in the commission of a crime of violence irrespective of whether the minor has been previously adjudicated to be a delinquent. (5) the offense now charged is possession of a loaded firearm, if such possession occurred on school property. (c) For purposes of this chapter only, a violent crime is defined as one of the following offenses: (A) murder in the first or second degree or an attempt to do so; (B) voluntary manslaughter; (C) rape in the first degree or an attempt to do so; (D) arson in the first or second degree or an attempt to do so; (E) assault in the first, second or third degree or where appropriate, an attempt to do so; (F) burglary in the first or second degree or an attempt to do so; (G) robbery in the first, second, or third degree or an attempt to do so; (H) carnal abuse of a child under 16 years of age or an attempt to do so; (I) incendiarism or an attempt to do so; (J) extortion; (K) kidnapping or an attempt to do so; (L) mayhem; (M) carrying or using a dangerous weapon; (N) carrying firearms; (O) distributing a controlled substance to a person under eighteen years of age; (P) aggravated rape or the attempt to do so; (Q) unlawful sexual contact in the first degree or attempt to do so. (d) Within five days after the filing of a complaint in the Family Division of the Superior Court that alleges a child was 14 years of age or older at the time of commission of one of the following offenses: (1) murder in the first degree; (2) rape in the first degree; (3) robbery in the first degree; (4) burglary in the first degree; (5) arson in the first degree; (6) aggravated rape; (7) possession or use of a firearm in commission of a crime of violence; the Attorney General may request by motion in writing that the case be transferred for proper criminal proceedings against such person in a court of competent jurisdiction. The judge of the Family Division of the Superior Court is authorized to determine this request unless the child is provided for in subsection (b) of this section. This decision is a final appealable order. (e) Provided, further, That once such a child has been transferred from the Family Division to a court of competent jurisdiction, that court shall retain jurisdiction over the case, even though the child pleads guilty to, or is convicted of a lesser included offense; and a plea to or conviction of a lesser included offense shall not revest the Family Division with jurisdiction over such a child. (f) If a child is transferred from the Family Division to a court of competent jurisdiction, that court may also have jurisdiction over other alleged delinquent acts not designated as transferable which occurred during or arose out of the factual circumstances surrounding the offense for which the child was transferred. The transfer of the alleged delinquent acts not designated as transferable must occur at the hearing for transfer of the delinquent act designated for transfer and under the procedures established in section 2509 of this title. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 152; amended Mar. 15, 1984, No. 4906, § 2, Sess. L. 1984, p. 72; May 2, 1994, No. 5973, § 3(a)-(d), Sess. L. 1994, pp. 55, 56; Mar. 5, 2005, No. 6730, § 12, Sess. L. 2005, p. 73.

(a) Following the filing of the motion by the Attorney General, summonses shall be issued and served as provided by law. A copy of the motion and a copy of the delinquency complaint, if not already served, shall be attached to each summons. (b) When there are grounds to believe the child is substantially retarded or mentally ill, the court shall stay the proceedings for the purpose of obtaining an examination. After examination, the court shall proceed to determination under subsection (c) of this section unless it determines that the child is incompetent to participate in the proceedings, in which event it shall order the child committed to a mental hospital. (c) Unless a commitment under subsection (b) of this section has intervened or the transfer is mandatory, the court shall conduct a hearing on each of the factors relevant to transfer. Accompanying an order to transfer shall be a statement of the reasons of the court for ordering the transfer of the child. Included in the statement shall be the court's findings with respect to each of the factors set forth in subsection (d) of this section. This statement shall be available upon request to any court in which the transfer is challenged, but shall not be available to the trier of fact of the criminal charge prior to verdict. (d) Evidence of the following factors shall be considered in determining transfer: (1) the seriousness of the alleged offense to the community and whether the protection of the community requires waiver; (2) whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner; (3) whether the alleged offense was against property, greater weight being given to offenses against persons, especially if personal injury resulted; (4) whether there is probable cause to believe that the offense charged has been committed and that the child has committed it; (5) the sophistication and maturity of the child as determined by consideration of his home, emotional attitude and pattern of living; (6) the record and previous history of the juvenile, including previous contacts with the Youth Services Administration, law enforcement agencies and courts, and prior periods of probation or prior commitments to residential institutions; (7) the prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child, if found to have committed the alleged offenses. (e) Prior to a hearing on the motion by the Attorney General, a study and a report to the court, in writing, relevant to the factors in subsection (d)(1) through (d)(4) of this section shall be made by the U.S. Virgin Islands Police Department (V.I.P.D.), and subsection (d)(5) through (d)(7) of this section shall be made by the Youth Services Administration. The child or his parents, or other person responsible for his care, or his counsel shall have the right to examine these reports prior to the hearing and to question the parties responsible for them at the hearing. (f) If the Attorney General's motion for transfer is not granted, the Attorney General, before jeopardy attaches, may move that the court provide for a hearing on the grounds of newly discovered evidence which could not be discovered with reasonable diligence prior to the original transfer hearing. The court may grant the motion if it finds it is in the best interest of justice. (g) If the Attorney General's motion for transfer pursuant to section 2508(d) of this chapter is granted, and the child offender has been detained or is subsequently detained, the child offender shall be placed in the custody of the Bureau of Corrections. Such pre-trial detention of the child offender shall be separate and apart from the adult inmate population. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 154; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; July 24, 1997, No. 6140, § 1, Sess. L. 1997, p. 37.

(a) Complaints shall be verified and may be signed by any person who has knowledge of the facts alleged. All complaints shall be prepared and countersigned by the Attorney General before they are filed with the court. Decisions of the Attorney General on whether to file a complaint shall be final. (b) When a child has been taken into custody and is in detention or shelter care as a result and the Attorney General decides not to prosecute the case, the child shall be immediately released. (c) The intake officer shall have the authority to refer the case to an appropriate public or private agency or, with the approval of the Attorney General, to conduct conferences for the purposes of affecting adjustments or agreements which will alleviate the necessity for filing a complaint. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 156.

A child may be taken into custody: (a) Pursuant to the order of the court under this subchapter; or (b) For a delinquent act pursuant to the laws of arrest; or (c) By a law enforcement officer having reasonable grounds to believe that the child has run away from one of the following: (1) a correctional facility, (2) a residential, noncorrectional child-caring facility in which the child has been lawfully placed, (3) his parent, guardian, or custodian, or other person responsible for his care. (d) By a law enforcement officer having reasonable grounds to believe that the child is suffering from illness or injury or is in immediate physical danger from the child's surroundings, and that the child's immediate removal from such surroundings is necessary for the protection of the health and safety of such child; or (e) By a law enforcement officer who has reasonable grounds to believe that the child has no parent, guardian, custodian or other suitable person willing and able to provide supervision and care of such child. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 156.

No admissions or statements of a child made while in custody to law enforcement officers or made to the Attorney General or employees of the Youth Services Administration during the processing of the case shall be admissible in evidence against the child unless the government proves to the court's satisfaction the following: (a) That at all stages of the interrogation the child was informed of his constitutional rights against self- incrimination and understood them; and (b) That no physical force or coercion, promises, threats, or other unlawful means of inducement were employed in obtaining the confession, admission or other incriminating statement; and (c) That a parent or guardian who does not have an adverse position, a friendly adult, or the child's attorney was present at the interrogation when a statement was given. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 156.

(a) A law enforcement officer taking a child into custody shall notify the parents, guardian or custodian of the child or other person responsible for his care as soon as possible, and with all reasonable speed: (1) release the child to his parents, guardian, custodian or other person responsible for his care and issue verbal counsel or warning as may be appropriate; or (2) release the child to his parents, guardian, custodian or other person responsible for his care upon their promise to bring the child before the court when requested by the court; or (3) bring the child to the intake officer; or (4) deliver the child to a place of detention or shelter care; (5) deliver the child to a medical facility, if the child is believed to be suffering from a serious physical or mental condition or illness which requires either prompt treatment or prompt diagnosis for evidentiary purpose. (b) The officer shall promptly give written notice together with a statement of the reason for taking the child into custody, to a parent, or other person responsible for the child's care and to the Attorney General's office if the child is not returned home per subsection (a)(1) or (a)(2) of this section. (c) When a child is delivered to a place of detention or shelter care, the Attorney General shall review the need for detention or shelter care and shall release the child unless detention or shelter care is required under section 2514 of this title or has been ordered by the court. (d) If a parent, guardian, custodian or other person responsible for his care fails, when requested, to bring the child before the court as provided in subsection (a)(2), the court may issue a warrant directing that the child be taken into custody and brought before the court. (e) No child shall be transported in any police vehicle which also contains adults under arrest unless there is a situation where prudent police procedures warrant otherwise and the safety of the child is not put in jeopardy. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 157.

(a) A child alleged to be delinquent shall not be placed in detention care prior to a fact finding hearing unless it appears from available information that detention is required and: (1) the child is a fugitive; or (2) the child requests protection in writing in circumstances that present an immediate threat of serious physical injury; or serious physical injury; or (3) the child is charged with murder, rape in the first degree, robbery in the first degree, burglary in the first degree, or arson in the first degree; or (4) the child is charged with a delinquent act which, if committed by an adult, would be a felony and: (A) the child is already detained or on conditioned release or on probation in connection with another delinquency proceeding, or (B) the child has a demonstrable recent record of willful failures to appear at Family Division proceedings, or (C) the child has a demonstrable recent record of violent conduct resulting in physical injury to others, or (D) the child has a recent record of adjudications for serious property offenses, or (E) there is reason to believe the child will intimidate witnesses; and there is no less restrictive alternative that will reduce the risk of flight, or of serious harm to property, or to the physical safety of the child or others. (b) A child alleged to be a person in need of supervision shall not be placed in shelter care unless it appears from available information that shelter care is required; and (1) it is in the best interest of the child in that it is necessary to protect the person of the child; or (2) because the child has no parent, guardian, custodian or other person or agency able to provide supervision and care for the child and the child appears to be unable to care for himself. (c) A child alleged to be a person in need of supervision, neglected or abused shall not be placed in detention care. (d) The criteria for placement in detention care or shelter care in this section shall govern the decisions of all persons responsible for determining whether detention or shelter care is warranted prior to the court's disposition. (e) Bail shall not be applicable to children detained in accordance with this chapter. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 158.

(a) A child alleged to be delinquent may be detained, pending court hearing, in the following places: (1) Detention home operated or licensed by the Youth Services Administration as specified in Title 3, section 1167. (2) Any other suitable place designated by the court provided that no detention home or shelter care facility may be designated if it is a place to which children adjudicated delinquent may be committed under this subchapter, unless specifically ordered by the court. (b) A delinquent child awaiting disposition or a child alleged to be delinquent who is 16 years of age or older may be detained in a jail or other facility for the detention of adults only if: (1) the home or facility in subsection (a)(1) and (a)(2) of this section is unavailable, or not appropriate; and (2) the detention is in a room separate and removed from adults by sight and sound; and (3) adequate supervision is provided; and (4) the facility is approved by the Family Division of the court. (c) The official in charge of the jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a person, who is or appears to be under the age of 18 years, is received at the facility, and shall deliver him to the court upon request, or transfer him to a detention home designated by the court. (d) A child alleged to be neglected or abused may be retained or placed in facilities for shelter care operated or licensed by the Department of Social Welfare, but such child shall not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses or for children alleged or adjudicated to be delinquent. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 159.

(a) If the child is not released as provided in Title 5, section 2513, a detention hearing must be held before the court no later than forty-eight hours, excluding Sundays, after the child is placed in detention. (b) Prompt notice of the detention hearing, stating the time, place and purpose of the hearing shall be given to the child, his parent or other person responsible for his care if they can be found. Counsel for the child, or parent or other person responsible for his care shall be entitled to a copy of the complaint prior to the hearing. (c) At the commencement of the hearing the judge shall advise the judge shall advise the parties of the right to counsel, as provided in Title 5, section 2505, and shall appoint counsel if required. The judge shall also inform them of the contents of the complaint, or in the absence of a complaint the alleged delinquent act, and shall afford the child an opportunity to admit or deny the allegations in the complaint. He shall then hear from the Attorney General to determine whether the child should be placed or continued in detention care under the criteria in section 2514 of this title. The child and his parent, or other person responsible for his care, shall have a right to be heard on their own behalf. (d) At the conclusion of the hearing, the judge shall: (1) order detention care, setting forth in writing his reasons therefor, if the judge finds that the child's detention care is required under the criteria in section 2514; or (2) order the child released if the judge finds that the child's detention is not required under such criteria. (e) If a child is ordered released under paragraph (d)(2) of this section, the judge may impose one or more of the following conditions: (1) place the child in custody of a parent, guardian, custodian or other responsible adult under their supervision, or under the supervision of an agency agreeing to supervise him; (2) place restrictions on the child's travel, association, or place of abode during the period of his release; or (3) impose any other conditions reasonably necessary to assure the appearance of the child at the next court hearing or his protection from harm, including a requirement that the child return to the physical custody of the parent, guardian, custodian or other responsible adult under paragraph (1) of this subsection after specified hours. (f) An order releasing the child on any conditions specified in this section may at any time after the judicial hearing be amended to impose additional or different conditions of release or to return the child to custody for failure to conform to the conditions imposed. (g) All relevant and material evidence helpful in determining the need for detention care may be admitted by the court even though not competent in a hearing on the complaint. (h) If the child is not released and the parent, or other person responsible for his care, has not been notified and did not appear or waive appearance at the hearing, upon the filing of an affidavit from the parent, or other person responsible for his care, stating these facts, the court shall rehear the matter without unnecessary delay. (i) In addition to the criteria set forth in section 2514, the judge must find there is a probable cause to believe the allegations are true for the child to be held in detention. In the absence of a finding of probable cause the judge shall order the child to be released. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 160.

Supervision Matters (a) All hearings under this subchapter shall be dealt with by the Family Division and shall be heard without a jury. All hearings and proceedings shall be recorded either by stenographic notes, or by electronic, mechanical or other appropriate means. (b) The parties shall be advised of their rights under law. They shall be informed of the specific allegations in the complaint and given an opportunity to admit or deny such allegations. (c) If the allegations are denied, the court shall proceed to hear evidence on the complaint or continue the matter at a later date. At the adjudicatory hearing the court shall record its findings. If the court finds the allegations in the complaint have not been established, it shall dismiss the complaint and order the child discharged from any detention or shelter care theretofore ordered in the proceeding. (d) If the court finds on the basis of a valid admission or finding of proof beyond a reasonable doubt, based upon competent and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, or in need of supervision, it may, in the absence of objection, proceed immediately to hear evidence to determine proper disposition for the child, and to file its finding thereon. Even if the judge finds that the child has committed the offenses alleged, if the court finds that the child is not in need of care or sanctions, it shall dismiss the proceedings and discharge the child from any detention or shelter care theretofore ordered. (e) On its own motion or that of a party, the court may continue the hearing under this section for a reasonable period to receive reports and other evidence bearing on the disposition of the complaint. In this event, the court shall make an appropriate order for detention or shelter care subject to the supervision of the court during the period of the continuance. (f) Except in hearings to declare a person in contempt of court, the general public shall be excluded from all hearings under this subchapter and only the parties, their counsels, witnesses, and other persons requested by a party shall be admitted. Such other persons as the court finds to have a proper interest in the case or in the work of the court may be admitted by the court, on the condition that such persons refrain from divulging any information which would identify the child or family involved. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 161.

(a) After a complaint has been filed pursuant to this subchapter, the court may direct that a predisposition study be made by the appropriate agency, authorized by law, the results of which study shall be contained in a report submitted in writing to the court. The study shall include information concerning the child, the family, his environment, and any other matters relevant to the disposition of the case. The study and report shall not be made prior to a finding with respect to the allegations of the complaint unless a notice of intent to admit the allegations is filed or unless the child or counsel for the child waives the right. (b) The Family Division judge may not review a predispositional study or report prior to a finding of delinquency or that the child is a person in need of supervision. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 162.

Decree (a) At any time after the filing of a delinquency or person in need of supervision complaint and before the entry of an adjudication order, the court may, on motion of the Attorney General or of counsel for the child, suspend the proceedings and place the child under supervision in the community, under terms and conditions negotiated with the Youth Services Administration and agreed to by the Attorney General and the child. The court's order continuing the child under supervision shall be known as a consent decree. (b) Where the child objects to a consent decree, the court shall proceed to findings, adjudication and disposition. Where the child does not object, but an objection is made by the Attorney General, the court shall, after considering the objections and reasons therefor, proceed to determine whether it is appropriate to enter a consent decree. (c) A consent decree shall remain in force for six (6) months, unless the child is discharged sooner by the Youth Services Administration. Upon application of the Youth Services Administration or other agency supervising the child, made before expiration of the 6-month period, a consent decree may be extended by the court for an additional six months. (d) If prior to discharge by the Youth Services Administration or expiration of the consent decree, a new delinquency or person in need of supervision complaint is filed against the child, or the Youth Services Administration determines the child otherwise fails to fulfill express terms and conditions of the decree, the complaint under which the child was continued under supervision may, in the discretion of the Attorney General, be reinstated and the child held accountable just as if the decree had never been entered. (e) A child who is discharged by the Youth Services Administration, or who completes a period of continuance under supervision without reinstatement of the original delinquency complaint or person in need of supervision complaint, shall not again be proceeded against in any court for the same offense alleged in the complaint. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 163.

(a) An order of disposition or other adjudication in proceedings under this subchapter shall not be deemed a conviction of crime or impose any civil disabilities ordinarily resulting from a conviction or operate to disqualify the child in any civil services application or appointment. (b) The disposition given a child and evidence given in any hearing under this chapter shall not be admissible as affirmative evidence against him in any case or proceeding in any other court, whether before or after reaching majority, except in dispositional or sentencing proceedings. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 163.

(a) In disposition hearings all relevant evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties shall be afforded a reasonable opportunity to examine and controvert oral or written reports so received and to cross-examine individuals making reports. (b) If a child is found to be delinquent or a person in need of supervision, the court may make any of the following dispositions for his supervision, care and rehabilitation: (1) permit the child to remain with his parents, guardian or other person responsible for the child's care, subject to such conditions and limitations as the court may prescribe including, but not limited to, home evaluations, parenting skills counseling or courses and home evaluations or assessments; (2) place the child on probation under the Youth Services Administration with such conditions as described in section 2524 of this title; (3) order such care and treatment as the court may deem best including detention care or shelter care as appropriate and except as herein otherwise provided. In support of any order or decree, the court may order the parents or other person who has been found by the court to be encouraging, causing or contributing to the acts or conditions which bring the child within the purview of this subchapter, to do or omit to do any acts required or forbidden by law, or to provide for an order of protection as per section 2552 of this title, when the judge deems such requirement necessary for the welfare of the child. In case of failure to comply with such requirement, the court may proceed against such persons for contempt of court. (c) If a child is found to be delinquent and the child is over thirteen years old, in addition to subsection (b) of this section the child may be committed to the custody of the Youth Services Administration for placement in a residential institution for a determinate or indeterminate period, but in no event shall continue beyond the child's nineteenth birthday, provided that the procedures of Title 5, section 2522 have been met. If a child is committed to the Youth Services Administration for an indeterminate period of time, the court may order the child to be returned to the court and for the Youth Services Administration to show the court the child is ready to re-enter the community before the child is released, or the court may leave the release date to be the decision of the Youth Services Administration. However, the child must be returned to the court at least once a year for the court to review the child's progress. (d) No child found to be a person in need of supervision, or abused or neglected, unless also found delinquent, shall be committed to or placed in a residential institution. (e) No child who is found to be delinquent, a person in need of supervision, abused or neglected shall be committed to a penal or correctional institution or pre-trial detention center for adult offenders. (f) Whenever the court vests legal custody in an agency, institution or department, it shall transmit with the order copies of the clinical reports, predisposition study, and other information pertinent to the care and treatment of the child. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 164; amended Oct. 15, 2010, No. 7203, § 1, Sess. L. 2010, p. 204.

The court, before committing a child as delinquent to a residential institution, shall first temporarily commit such child to the Youth Services Administration for a period not to exceed forty-five days for evaluation, and the Youth Services Administration shall make a recommendation to the court prior to final commitment; Provided, however, That the committing judge may waive such temporary commitment in cases where the child concerned has previously been evaluated through temporary commitment by the Youth Services Administration and such evaluation is available to the court and the evaluation information is current and relevant. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 165.

Evaluations shall include but not be limited to: (a) a complete physical, psychological, and, if needed, a psychiatric examination; (b) an investigation and consideration of family and community environment and other facts in the background of the person concerned that might relate to his delinquency; (c) a determination of the correctional or custodial care that would be most appropriate. The Youth Services Administration shall create such facilities and employ such personnel as will enable the center to conduct the necessary physical, mental and psychological examinations required by this section. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 165.

(a) The period of probation may be for a determinate period of time or an indeterminate period of time until the child has attained the age of 19 years. The Family Division of the court may terminate probation and discharge the child at any time if warranted by the conduct of the child and the ends of justice. (b) The court may as a condition of probation require that the child adhere to one or more of the following conditions: (1) not violate any Virgin Islands or federal criminal statutes; (2) make periodic reports to and appear in person before any person or agency as directed by the court; (3) work or pursue a course of study or vocational training; (4) undergo medical or psychiatric treatment, or treatment for substance abuse or alcoholism; (5) attend or reside in a facility established for the instruction or residence of persons on probation; (6) support his dependents; (7) refrain from possessing a firearm; (8) permit the probation counselor to visit him at his home or elsewhere; (9) reside with his parents or in a foster home; (10) attend a non-residential program for youth; (11) contribute to his own support at home or in a foster home; (12) participate with or without his family in counseling programs; (13) in cases involving malicious or destructive acts of minors less than 18 years, pay restitution in an amount representing a fair and reasonable cost to replace the property or repair the damage caused by the minor not to exceed $2,000.00, and directing that the minor pay out of his own funds the amount of replacement or damage, either in a lump sum or in periodic payments in an amount set by the court; Provided, however, in any case, including cases involving malicious or destructive acts of minors less than 18 years, the court may impose a fine of not more than $2,500; (14) make non-monetary restitution or participate in a supervised work or community service program; (15) operate a motor vehicle under such restrictions as the court may order; and (16) comply with such other lawful conditions as may be ordered by the court, including refraining from the use of controlled substances and alcohol. (c) The terms of probation, as directed by the court, shall be in writing and a copy shall be given to the child. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 166; amended Feb. 15, 1994, No. 5957, § 7, Sess. L. 1994, p. 16.

(a) A child on probation incident to an adjudication as a delinquent or person in need of supervision who violates a term of his probation may be proceeded against in a probation revocation hearing. (b) A proceeding to revoke probation shall be commenced by the filing of a complaint. Complaints shall be verified and shall state the grounds for the revocation. (c) If a complaint is filed charging a violation of a condition of probation the court shall: (1) order the child to appear; or (2) order detention pursuant to criteria in section 2514 of this title. (d) The court shall conduct a hearing of the alleged violation of probation. (e) At the hearing, the Attorney General shall have the burden of going forward with the evidence and proving the violation by clear and convincing evidence. Such evidence shall be presented in court with the right of confrontation, cross-examination and representation by counsel for the child. (f) If a delinquent child is found to have violated a term of his probation pursuant to a probation revocation hearing, the Court may extend the period of probation or make any other order of disposition specified in this subchapter of a child adjudicated delinquent. (g) If a person in need of supervision is found to have violated a term of his probation pursuant to a probation revocation hearing, the court may extend the period of probation or make any other order of disposition specified in this subchapter for a child adjudicated a person in need of supervision. (h) An order revoking probation is a final appealable order. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 167.

(a) A child who has been transferred from the Family Division to another court of competent jurisdiction may be sentenced or committed to the custody of the Youth Services Administration until the child reaches his eighteenth birthday and then be transferred to the Bureau of Corrections to serve the remainder of the sentence, if any. (b) If the Youth Services Administration believes the child sentenced under subsection (a) of this section has exhibited conduct which is seriously detrimental to the welfare of others in custody it shall conduct an administrative hearing on the matter. The child shall have rights commensurate with an administrative hearing, including the right to be represented by an impartial representative. If the Youth Services Administration concludes through administrative hearing that the child is seriously detrimental to the welfare of others in custody, it may petition the committing court to have the child transferred to the Bureau of Corrections. The decision of the original commitment or sentence to the custody of the Youth Services Administration and subsequent transfer to the Bureau of Corrections shall be in the discretion of the committing court. (c) Provided, however, that a child who has been transferred pursuant to section 2508(d) of this title from the Family Division to another court of competent jurisdiction pursuant to section 2509 of this chapter for trial as an adult shall, upon conviction, be sentenced to the custody of the Bureau of Corrections for service of the sentence imposed. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 168; amended July 24, 1997, No. 6140, § 2, Sess. L. 1997, p. 37.

(a) Law enforcement records and files concerning a child shall be kept separate from the records and files of arrest of adults. Unless a charge of delinquency is transferred for criminal prosecution, such records and files shall not be open to public inspection nor their contents disclosed to the public without an order of the Family Division of the court or unless specifically authorized in this section. (b) Inspection of such law enforcement records and files is permitted without court order by the following: (1) the Family Division of the court; (2) the representatives of a public and private agency, department, or institution providing supervision or having legal custody of the child, or in preparation of an official report for the court; (3) legal counsel for the child; (4) Attorney General or his designee representing the territory; (5) a court in which the child has been convicted of a criminal offense or delinquent act for the purpose of a presentence report or other dispositional proceedings; and (6) law enforcement officers of other jurisdictions when necessary for the discharge of their current official duties. (c) Whoever, except as provided by this section, and subsection (b) of section 481 of Title 14, Virgin Islands Code, discloses, receives, or makes use of, or knowingly permits the use of information concerning a juvenile known to police, directly or indirectly derived from police records or files or acquired in the course of official duties, upon conviction thereof shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than one year, or both. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 168; amended Feb. 15, 1994, No. 5957, § 6, Sess. L. 1994, p. 16.

(a) Youth Services Administration records and files shall only be open to inspection by consent of the Family Division to persons having a legitimate interest therein. All information obtained and social records prepared in the discharge of official duty by an employee of the Youth Services Administration shall not be disclosed directly or indirectly to anyone other than the Family Division of the court or others permitted under this section to receive such information, unless and until otherwise ordered by the judge. Persons or agencies permitted access without consent of the Family Division are as follows: (1) the representatives of a public or private agency, department, or institution providing supervision or having legal custody of the child or in preparing an official report to the court; (2) legal counsel for the child. (b) Whoever, except as provided by this section discloses, receives, or makes use of, or knowingly permits the use of information concerning a juvenile, directly or indirectly derived from Youth Services Administration records or files or acquired in the course of official duties, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than one year, or both. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 169.

(a) The court shall make and keep records of all cases brought before it under this subchapter and shall devise and cause to be printed such forms as may be required for social, medical, psychological and legal records, including reports of preliminary inquiries, predispositional studies and supervisional records of such persons as may be required. (b) The court's official records made and kept under this subchapter shall be filed separate from other files and records of the court and shall not be disclosed directly or indirectly to anyone other than the Family Division of the court or others permitted under this section to receive such information unless and until otherwise ordered by the judge. Persons or agencies permitted access without consent of the court are as follows: (1) the representatives of a public or private agency, department, or institution providing supervision or having legal custody of the child, or in preparing an official report for the court; (2) legal counsel for the child; (3) the Attorney General or his designee representing the territory; and (4) a court in which the child has been convicted of a criminal offense or a delinquent act for the purpose of a presentence report or other dispositional proceedings. (c) All other court records, including dockets, complaints, motions and other papers filed with a case, transcripts of testimony, findings, verdicts, orders and decrees shall be open to inspection only by those persons and agencies designated in subsection (b) of this section. (d) Whoever, except as provided by this section, discloses, receives, or makes use of, or knowingly permits the use of information concerning a child, directly or indirectly received from the court's social and legal records or files or acquired in the course of official duties, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than one year, or both. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 169.

(a) Fingerprints and photographs shall be taken of a child taken into custody for any act which would be a felony if committed by an adult. If such act would be a misdemeanor if committed by an adult, photographs and fingerprints may be taken; provided further that if the child is under the age of 14, prior permission from a judge shall be obtained. (b) Notwithstanding subsection (a) of this section, any child who is committed to an institution operated by Youth Services Administration may be fingerprinted and photographed without order of the court. Such fingerprints and photographs shall be held in the same confidential manner as other records maintained by the Youth Services Administration. (c) If the Attorney General has dismissed charges against the child or after a reasonable time has failed to file charges against the child, a motion on the part of a child whose fingerprints or photographs were taken pursuant to this section, may move that the court have the fingerprints or photographs destroyed. After hearing from the Attorney General and the child, the court may order the destruction of the fingerprints and photographs. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 170; amended May 2, 1994, No. 5973, § 3(e), Sess. L. 1994, p. 15.

(a) On motion by a person who has been the subject of a complaint filed under this chapter or on the court's own motion, the court may vacate its order and findings and order the sealing of the legal and social records of the court, Youth Services Administration, and of any other agency in the case if it finds that: (1) two years have elapsed since the final discharge of the person from legal custody or supervision, or the entry of any other court order not involving custody or supervision; and (2) he has not been convicted of a felony or misdemeanor, and no proceeding is pending seeking a conviction or adjudication. The motion and the order may include the files and records specified in sections 2527, 2528 and 2529 of this title. (b) Reasonable notice of the motion shall be given to: (1) the Attorney General; and (2) the Youth Services Administration; and (3) the law enforcement officers and department having custody of the files and records, if the files and records specified in section 2527 are included in the motion. (c) Upon entry of the order, the proceedings in the case shall be treated as if they never occurred, and all index references shall be deleted and the court and law enforcement and departments shall reply and the person may reply to any inquiry that no record exists with respect to such a person. Copies of the order shall be sent to each agency or official named therein. However, the court shall maintain a special index reference to sealed records under the direct control of the Clerk of Court or his designee. No person shall have access to this special index without order of the court. Inspection of the files and records included in the order may thereafter be permitted by the court to those persons or departments named in the motion in defense of an action filed by the child against the person or departments named. Provided, however, the court in its discretion may by special order in an individual case permit inspection by or release information in the records to any clinic, hospital or agency which has the person under care or treatment. Also in the situation where individuals or agencies are engaged in fact finding or research the court may allow nonidentifiable information to be given. (d) Any adjudication of delinquency or person in need of supervision or conviction of a crime subsequent to sealing and prior to the child becoming an adult shall have the effect of nullifying the sealing order. (e) On motion on the part of a person who has been the subject of a complaint filed under this subchapter or on the court's own motion, the court may order the expunging of all legal and social records of the court, Youth Services Administration, and of any other agency pertaining to a case, if the child is found to be not delinquent. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 171.

The Family Division of the Superior Court and the Virgin Islands Police Department shall release the names of minors fourteen years and older, and their parents, as part of the public record, whenever the minor is adjudicated delinquent for committing an act which would be a felony if committed by an adult. History: Added May 2, 1994, No. 5973, § 1, Sess. L. 1994, p. 55.

The public policy of this territory is to protect children whose health and welfare may be adversely affected through abuse and neglect; to strengthen the family and to make the home safe for children by enhancing the parental capacity for good care; to provide a temporary or permanent nurturing and safe environment for children when necessary; and for these purposes to require the reporting of child abuse, investigation of such reports, and provision of services when needed by the child and family. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 172.

Neglect (a) When any physician, hospital personnel engaged in the admission, examination, care or treatment of persons, nurse, dentist or any other medical or behavioral health professional, school teacher or other school personnel, social service worker, day-care worker or other child-care or foster-care worker, or any peace officer or law enforcement official, has reasonable cause to suspect that a child has been subjected to abuse, sexual abuse or neglect, or observes the child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, he shall immediately report it or cause a report to be made in accordance with the provisions of this subchapter. (b) Whenever any person is required to report under this subchapter in his capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, he shall immediately notify the person in charge of such institution, school facility or agency, or his designated agent, who shall then also become responsible to report or cause reports to be made. However, nothing in this subchapter is intended to require more than one report from any such institution, school or agency; but neither is it intended to prevent individuals from reporting on their own behalf. (c) In addition to those persons and officials specifically required to report suspected child abuse, sexual abuse and neglect, any other person may make a report if such person has reasonable cause to suspect that a child has been abused or neglected or observes the child has been abused or neglected or observes the child being subjected to conditions or circumstances that would reasonably result in abuse or neglect. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 173; amended Jan. 6, 2019, No. 8152, § 1(a) (2), Sess. L. 2018, p. 327.

(a) Reports of child abuse, sexual abuse or neglect made pursuant to this subchapter shall be made immediately by telephone or otherwise to the U.S. Virgin Islands Police Department (V.I.P.D.) or to the Department of Social Welfare. The U.S. Virgin Islands Police Department (V.I.P.D.) shall relay such reports to the Department of Social Welfare immediately or, at the latest, at the commencement of the next regular office hours of the Department of Social Welfare. At the request of the Department of Social Welfare, an oral report shall be followed by a written report within 48 hours. (b) To the extent possible, such reports shall include the following information: the names and addresses of the child and his parents or other persons responsible for his care; the child's age and sex; the nature and extent of the child's injuries, sexual abuse or neglect to the child or any other child in the same home; the name and address of the person responsible for the injuries, sexual abuse or neglect, the family composition, the source of the report, including the name of the person making the report, his occupation and his address; any action taken by the reporting source, including the taking of X-rays or color photographs or filing for temporary custody; and any other information that the person making the report believes may further the purpose of this subchapter. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 173; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Any person required to report cases of child abuse, sexual abuse and neglect, may take or cause to be taken color photographs of the areas of trauma visible on a child and, if medically indicated, cause to be performed radiological examinations of the child. Any photographs or X-rays taken shall be sent to the Department of Social Welfare as soon as possible, which department shall make reimbursement for the reasonable cost of the photographs or X-rays. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 174.

(a) The Department of Social Welfare shall receive or arrange for the receipt of all reports of alleged child abuse, sexual abuse or neglect; provide or arrange for emergency temporary care and protection of victims of alleged child abuse, sexual abuse or neglect; and within 24 hours of notification of an alleged case of child abuse, sexual abuse or neglect, commence or cause to be commenced a thorough investigation of the report. (b) The investigation by the Department of Social Welfare shall include an evaluation of the child named in the report and any other children that may be in the same home; a determination of the risk to those children if they continue to remain in the home; a determination of the nature, extent and cause of any condition enumerated in the initial report of child abuse, sexual abuse or neglect, and the name, age and condition of any other children living in the same home. (c) Upon completion of the investigation, where appropriate, the Department of Social Welfare shall offer rehabilitative or ameliorative services to the child or to the family. (d) The Department of Social Welfare shall be responsible for providing, directing or coordinating the appropriate and timely delivery of services to abused children and their families, including the care of those abused or neglected children who are placed in the custody of the Department of Social Welfare upon the granting of a petition by the Superior Court. (e) The Department of Social Welfare shall within 90 days of receipt of the initial report of alleged child abuse or neglect, prepare a progress report, including a determination that the report is founded or unfounded, a plan for rehabilitative or ameliorative treatment, services offered and accepted or refused, and the present status of the case. Within seven days of termination of a case, a report indicating the final disposition shall be prepared. (f) The U.S. Virgin Islands Police Department (V.I.P.D.) shall, on its own initiative where appropriate or at the request of the Department of Social Welfare, investigate reports of alleged child abuse, sexual abuse or neglect, and shall convey the results of such investigation to the Department of Social Welfare and, where a petition or complaint has been filed, to the Superior Court. If the report of child abuse or neglect involves the acts or omissions of the Department of Social Welfare, the U.S. Virgin Islands Police Department (V.I.P.D.) shall investigate such report and shall convey the results of such report to the Department of Law, which shall take appropriate action. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 174; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Any person, official or institution participating in good faith in any act permitted or required by this subchapter shall be immune from any civil or criminal liability that otherwise might result by reason of such actions. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 175.

The privileged quality of communications between husband and wife and between any professional person and his patient or his client, except that between attorney and client, is hereby abrogated in situations involving alleged child abuse, sexual abuse or neglect. Such privileged communications, excluding those of attorney and client, shall not constitute grounds for failure to report as required or permitted by this subchapter, or to give or accept evidence in any judicial proceedings relating to child abuse, sexual abuse or neglect. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 175.

(a) Any person, official or institution required by this subchapter to report a case of alleged child abuse, sexual abuse or neglect, or to perform any other act, who knowingly fails to do so, shall be guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned not more than one year, or both. (b) Any person, official, or institution required by this subchapter to report a case of alleged child abuse, sexual abuse, or neglect against a child and who knowingly fails to report an offense committed against a child under title 14, chapter 3A, §§ 133, 135, 136, or 137; chapter 23A; or chapter 24, §§ 506(1) or 507 is guilty of a felony and shall be punished by a fine of not less than $5,000, but not more than $10,000, or a term of imprisonment of not less than two years, but not more than five years, or both fine and imprisonment. A violation of this subsection is a crime of moral turpitude. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 176; amended July 20, 2022, No. 8589, § 1, Sess. L. 2022, p. 170.

(a) In order to protect the rights of the child and his parent or guardian, all records concerning reports of child abuse, sexual abuse or neglect, made to the government of the Virgin Islands and all records generated as a result of such reports, shall be confidential, except as specifically provided by this subchapter. Any person who willfully permits, assists or encourages the release of information contained in such reports or records to persons or agencies not permitted by this section to have access, shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned not more than one year or both. (b) No person, official or agency shall have access to such records unless for the express purpose of acting pursuant to this subchapter. Persons permitted access include: (1) The Department of Social Welfare and its legal representative; (2) The U.S. Virgin Islands Police Department (V.I.P.D.) when investigating a report of known or suspected child abuse, sexual abuse or neglect; (3) A physician who has before him a child he reasonably suspects may have been abused or neglected; (4) A person legally authorized to place a child in emergency temporary custody under section 2544 of this chapter, but only when such person has before him a child he reasonably suspects may have been abused or neglected and such person requires the information in the report or record to determine whether or not to place the child in emergency temporary custody; (5) Any agency with legal responsibility or authorization to care for, treat or supervise a child who is the subject of a record, or other person responsible for the child's welfare; (6) Any person who is the subject of a report and his legal representative, or if such person is a child, the child's guardian ad litem, parent, guardian or other person responsible for his welfare; and (7) A court, upon finding that access to such record may be necessary for the determination of an issue before it; but such access shall be limited to in camera inspection, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue pending before it. (8) Any person appointed to a case under a Court Appointed Special Advocates (CASA) Program, as provided under section 2555, of this chapter. (c) A person given access to the names and other identifying information concerning the subjects of the report, except the subject of the report, shall not divulge or make public such identifying information. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 176; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Feb. 1, 2001, No. 6391, § 2(k)(1), Sess. L. 2000, p. 496.

Within available funding and as appropriate, the Department of Social Welfare shall conduct a public education program in order to encourage maximum reporting of alleged child abuse, sexual abuse and neglect. To the extent possible, such education programs shall include information on the extent and nature of the problem, the duties and responsibilities of persons required to report and the duties and functions of the Department of Social Welfare. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 177.

In every case of child abuse or neglect the court shall appoint counsel for the child to act in the role of guardian ad litem. Such counsel shall be willing and competent by training or experience in representing the interests of a child in such proceedings. Guardian ad litem shall be given access to all reports relevant to the case and to any reports of examination of the child's parents, guardian or custodian. Guardian ad litem shall be charged with the representation of the child's rights, welfare, interest and well-being and to advocate the child's viewpoint, and to these ends shall make such further investigation as he deems necessary. In addition, guardian ad litem may interview witnesses, examine and cross-examine witnesses, introduce other evidence, make recommendations to the court and participate in the proceedings to the degree appropriate for adequately representing the child. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 177.

Any party to the proceedings may petition the court for appointment of experts, at public expense for independent evaluation of the child or the respondents or to evaluate the recommendations of the investigating agency. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 177.

(a) A child shall not be removed from his home prior to an adjudicatory hearing on the issue of abuse and neglect unless the child is in imminent danger of death or serious injury. (b) Any physician, law enforcement officer or social worker of the Department of Social Welfare shall be authorized to take physical custody of a child when such authorized persons have probable cause to believe that the child is neglected or abused and the child is in imminent danger to that child's life or health. Authority for removal without prior court order is limited to situations when circumstances do not allow time to secure such court approval. Any physician or law enforcement officer who takes custody of a child pursuant to this section shall immediately contact the Department of Social Welfare. The Department of Social Welfare shall make every reasonable effort to inform the person responsible for the child's welfare of the custodial situation and of the place or facility to which the child was taken, if no threat is posed to the child from such disclosure. (c) Within two days of taking child into custody, excluding weekends and holidays, the Department of Social Welfare shall file a complaint or petition and report to the Family Division of the court the specific circumstances justifying the taking of emergency temporary custody and the specific measures implemented to safeguard the physical and emotional well-being of the child. The court shall conduct an informal hearing and the court may order that the child remain in emergency temporary custody, if the provisions of subsection (b) of this section were followed. This may be done without written or oral notice to the respondent only if: (1) it appears that there is probable cause to believe the child is in imminent danger to that child's life or health; and (2) the Attorney General shows to the court the efforts, if any, which have been made to give the notice or reasons supporting the claim that notice should not be required. (d) Within ten days, including weekends and holidays, the court shall hold a hearing to determine whether there is probable cause to believe that the child is neglected or abused and the child is in imminent risk of death or serious injury and that removal is necessary until a final order of disposition. The court, for good cause shown, may provide a preliminary order for any of the following until a final order of disposition: (1) permit the child to remain with his parents, or other person responsible for the child's care, subject to such conditions and limitations as the court may prescribe; or (2) place the child under protective supervision under section 2551 of this title; or (3) make the child the subject of an order of protection under section 2552 of this title; or (4) transfer custody to any of the following: (A) a relative or other individual found by the court to be qualified and willing to receive and care for the child; (B) a public or private agency responsible for the care of abused or neglected children. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 178.

(a) The court may issue a warrant directing the person responsible for the welfare of the child to be brought before the court, when a petition or complaint is filed with the court under this chapter and it appears that: (1) the summons cannot be served; or (2) the summoned person has refused to obey the summons; or (3) the person responsible for the child is likely to leave the jurisdiction; or (4) a summons, in the court's opinion, would be ineffectual; or (5) the child is in imminent danger to that child's life or health. (b) When issuing a warrant under this section, the court may also direct that the child be brought before the court. (c) In any case involving abuse or neglect, the warrant shall be clearly marked on the face thereof "Child Abuse Case" or "Child Neglect Case". If a warrant is not executed within two (2) days of its issuance, such fact shall be reported to the court within three (3) days of its issuance. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 179.

At any time prior to an adjudicatory hearing and upon the application by the respondent for an order returning the child temporarily removed, the court shall hold a hearing: (a) if there has not been a hearing on the removal of the child at which the respondent was present or had adequate opportunity to be present; or (b) upon good cause shown. Except for valid reasons shown to the court, if a hearing is granted such hearing shall be held within three court days of the application. Upon such hearing, the court shall grant the application, unless it finds that there is probable cause to believe there is an imminent danger to that child's life or health through abusive or neglectful behavior of the applicant. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 179.

(a) Prior to or at trial, upon the motion of any party and with the consent of all parties, and upon such conditions as may be agreeable to all parties, the court may, at its discretion, order that the proceeding be "continued in contemplation of dismissal". (b) A continuance in contemplation of dismissal is a continuance of the proceeding for a period not to exceed six months, with a view to ultimate dismissal of the petition in furtherance of justice. Upon the consent of the parties, the court may issue an order extending such period for such time and upon such conditions as may be agreeable to the parties. (c) At any time during the period of continuance, upon the motion of any party, or upon the motion of the court, the court may restore the matter to the calendar and, upon reasonable notice to all parties, may proceed to a hearing of the petition. (d) If the matter has not been so restored to the calendar and heard, at the expiration of the continuance period the petition is deemed to have been dismissed by the court in furtherance of justice. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 180.

(a) Except as provided pursuant to section 2544 of this title, abuse and neglect proceedings shall be instituted with the filing of a written petition or complaint giving with particularity all factual and other allegations relied upon asserting that a child is abused or neglected. Adjudicatory hearings shall be heard within ninety (90) days after the filing of a petition or complaint unless: (1) good cause is shown; or (2) there is consent by all of the parties; or (3) the parties entered into a continuance in contemplation of dismissal. (b) All hearings under this subchapter shall be dealt with by the Family Division and shall be heard without a jury. All hearings and proceedings shall be recorded either by stenographic notes, or by electric, mechanical, or other appropriate means. (c) The court shall proceed to hear evidence on the complaint or petition. The court shall record its findings. If the court finds the allegations in the complaint or petition have not been established, it shall dismiss the complaint or petition and order the child discharged from any shelter care or emergency temporary care heretofore ordered in the proceeding. (d) Any finding of child neglect or abuse shall be based upon clear and convincing evidence which is relevant and material to the extent of its probative value. (e) With the consent of all parties concerned the court shall conduct a dispositional hearing immediately following a finding of child abuse or neglect. Otherwise the court shall continue the hearing under this section for a reasonable period, not to exceed thirty days, except for good cause shown, to receive reports and other evidence bearing on the disposition of the complaint or petition. In this event the court shall make an appropriate order for shelter care subject to the supervision of the court during the period of the continuance. (f) Except in hearings to declare a person in contempt of court, the general public shall be excluded from all hearings under this subchapter upon the motion by the respondent or the child. Upon the granting of the motion, only the parties, their counsels, witnesses, and persons requested by a party shall be admitted. Such other persons as the court finds to have proper interest in the case or in the work of the court may be admitted by the court, on condition that such persons refrain from divulging any information which would identify the child or family involved. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 180.

(a) In disposition hearings all relevant evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties shall be afforded a reasonable opportunity to examine reports prepared by the Department of Social Welfare prior to the dispositional hearing and to controvert oral or written reports so received and to cross-examine individuals making reports. (b) If a child is found to be abused or neglected, the court may make any of the following orders of disposition: (1) permit the child to remain with his parents, guardian or other person responsible for the child's care, subject to such conditions as the court may prescribe; or (2) place the child under protective supervision as per section 2551 of this title; or (3) make the child the subject of an order of protection as per section 2552 of this title; or (4) transfer legal custody to any of the following: (A) a relative or other individual who, after study of the Department of Social Welfare is found by the court to be qualified and willing to receive and care for the child; or (B) a public or private agency responsible for the care of abused or neglected children. (c) Unless a child found to be abused or neglected shall also be found to be delinquent, he shall not be committed to, or confined in, a facility for delinquent children. (d) The court may order the Department of Social Welfare to coordinate the provision of services by other agencies, or to provide services to fulfill the purposes of this chapter. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 181.

(a) As used in this section, the term: (1) "Court" means the Family Division of the Superior Court of the Virgin Islands. (2) "Department" means the Department of Human Services. (3) "Reasonable efforts" means the exercise of due diligence and care by the Department to utilize all available services related to meeting the needs of the child and the family and to assist the parents in remedying the circumstances and conditions that led to the placement of the child and in reinforcing the family structure, including, consultation and cooperation with the parent in developing a plan for appropriate services; providing services to the family which have been agreed upon, in order to further the goal of family reunification; informing the parent at appropriate intervals of the child's progress, development and health; and facilitating appropriate visitation. (4) "Relative" means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, nephew, whether related by the whole or half blood, by affinity, or by adoption, or a step parent. (b) The Department or the guardian ad litem of the child may file a petition in the Family Division of the Superior Court to terminate the parental rights and responsibilities of one or both parents of a child, as provided in this section. The rights of one parent may be terminated without affecting the rights of the other parent. (c) The Court may terminate the parental rights and responsibilities of one or both parents after the filing of a petition by an interested party, if the Court finds by clear and convincing evidence that the termination of the parent's rights is in the best interest of the child and that any of the following grounds exists: (1) Abandonment by the parent as defined in section 2502(1); (2) There has been unwillingness or substantial noncompliance by the parent with the Department's reasonable efforts to achieve reunification; (3) The child has been removed from the home of the parent for more than six months and: (A) The conditions that led to the child's removal which in all reasonable probability would cause the child to be subjected to further abuse or neglect still persist; (B) There is little likelihood that the conditions that led to the child's removal will be remedied within the next 18 months so that the child can be safely returned home in the near future. (C) For the purposes of this subsection when the child has been in foster care or not in the physical custody of the parent for 15 of the most recent 22 months, a presumption exists that the conditions described in paragraph (4), subparagraph (B) of this subsection exist, unparagraph (4)nt can prove by a preponderance of the evidence that it is more likely than not that the child will be returned to the parent's physical custody within 6 months; (4) The parent has been convicted of aggravated child abuse or neglect, as defined in 14 V.I.C. § 506, against the child who is the subject of the petition or against any sibling, half-sibling, or any other child residing temporarily or permanently in the home of the parent; (5) The parent has been convicted of the intentional and wrongful death of the child's other parent or legal guardian; (6) The parent is unable to discharge parental duties due to: (A) Emotional illness, mental illness, or mental deficiency; or (B) Habitual abuse or addiction to intoxicating liquors, narcotics, or other dangerous drug; (7) The parent has failed to manifest an ability and willingness to assume legal and physical custody of the child; (8) Placing custody of the child in the parent's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child; or (9) The parent has relinquished the parent's rights or consented to the child's adoption. (d) Except as provided in subsection (e), the Department shall file a petition to terminate the parental rights of the child's parent under any of the following circumstances: (1) The child has been in out-of-home-placement for 15 of the most recent 22 months; (2) The parent has: (A) Committed murder or manslaughter of any sibling or half-sibling of the child; (B) Aided, abetted, attempted, conspired, or solicited to commit such murder or a voluntary manslaughter; or (C) Committed a felony assault that has resulted in serious bodily injury to the child or any sibling or half-sibling of the child; (3) The Court has made a finding under section 2548 of this title that the parent has on two or more occasions abused or neglected any child; or (4) Within 18 months after a child's return from an out-of-home placement, the child who is the subject of the petition is removed from the parent's custody and placed in care outside the home a second time. (e) The Department may determine not to file a petition to terminate the parental rights of the child's parent under the mandatory requirements of subsection (d), if one of the following exists: (1) The child is being cared for by a relative approved by the Department; or (2) The Department has not made reasonable efforts to provide to the family of the child, consistent with the time period in the Department, reunification plan for providing services that the Department considers necessary for the safe return of the child to the child's home. (f) (1) The Court may not terminate parental rights under when the child: (A) is age 15 or older, (B) is sufficiently mature, as determined by the court, to have intelligent views and wishes on the subject of the parent's retention of parental rights; and (C) objects to the termination. (2) Parental rights of a child age 15 or older may be terminated over the objection of the child if the Court finds that any disability of the child reduces the child's developmental age and that the child is not otherwise competent to decide. (g) The Court shall conduct a hearing and rule on a petition for termination of parental rights after the filing of the petition. Any party aggrieved by a grant or denial of a petition for termination of parental rights, in whole or in part, may obtain a review of the order by filing a notice of appeal to the Supreme Court of the Virgin Islands no later than 10 days after the issuance of the Superior Court's order. The appeal must be heard on an expedited basis. The findings of the Superior Court as to the facts are conclusive if supported by substantial evidence. History: Added July 18, 2012, No. 7374, § 1, Sess. L. 2012, pp. 156-159.

(a) If an order of disposition from a petition alleging abuse or neglect releases a child to the custody of his parents, guardian or other persons responsible for his care, or continues him in such legal custody, the court may place the person having custody of the child, except for representatives of private or public agencies or government departments, under supervision of the Department of Social Welfare. The orders of the court shall define the terms and conditions of protective supervision. (b) Orders of protective supervision may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of the child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him before the court. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 183.

(a) The court may make an order of protection in assistance of, or as a condition of, any other order authorized under this subchapter. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period by any person who is before the court. Such an order may require any such person: (1) to stay away from the home or place of custody of the child; (2) to permit a parent to visit the child at stated periods; (3) to abstain from offensive conduct against the child, his parent or any person to whom legal custody of the child is awarded; (4) to give proper attention to the care of the home; (5) to cooperate in good faith with an agency to which custody of the child is entrusted by the court or with an agency or association to which the child is referred by the court; (6) to refrain from acts of commission or omission that tend to make the home not a proper place for the child. (b) Orders of protection may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, should the welfare of the child so require, by the issuance of a warrant to take the alleged violator into custody and bring him before the court. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 183.

In placing a child under the guardianship or legal custody of an individual or of a private agency or institution, and in granting adoption, the court shall whenever practicable select a person or agency or institution governed by persons of the same religious faith as that of the parents of such child, or in case of a difference in the religious faith of the parents, then of the religious faith of the child, or if the religious faith of the child is not ascertainable, then of the faith of either of the parents. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 184.

Application For Review; Periodic Review; Modification Or Revocation of Court Orders (a) A dispositional order authorized pursuant to section 2549 of this title shall remain in force for one year unless the court: (1) in the order authorizes the Department of Social Welfare to terminate the status or conditions sooner if the purposes of the order have been achieved; or (2) sooner vacates or modifies by subsequent court order; or (3) has removed the child from the home. In such case, the order shall not expire at the end of one year, but, if by the end of the year the Attorney General has not moved the court to extend the order or terminate parental rights, the parent, guardian or custodian of the child may petition the court to have the child returned to them. The Attorney General has ten days to respond and move for an extension of the order. To extend an order for an additional period of time the Attorney General must show by the preponderance of evidence that, if returned, there is a likelihood that the child will be abused or neglected. However prior to the expiration of a dispositional order the court may extend the order, or order any other disposition allowed in section 2549, for an additional period of one year if it finds after the hearing that the purposes of the dispositional order have not been achieved; Provided, however, That a child shall be returned to parent, guardian, or custodian unless the Attorney General can show by the preponderance of evidence that, if returned, there is a likelihood that the child will be abused or neglected. (b) At any time prior to expiration of a dispositional order as authorized pursuant to section 2549, the court may review its order on the motion of any party. Upon such hearing, for good cause shown, the court may notify its original or subsequent order within limits described in section 2549, or shall revoke its original or subsequent order when it appears that the purpose of the order has been achieved; Provided, however, That to return a child to the home, the movant must show to the court by a preponderance of the evidence that, if returned, the child will not be abused or neglected. (c) A report shall be sent by the Department of Social Welfare to the court ninety days after the removal of a child pursuant to a dispositional order. The status of all children removed from their home shall be reviewed at least once every six months following the initial dispositional order by which the child was removed. (d) At each review hearing pursuant to this section where the child is not returned home and parental rights are not terminated, the court shall establish on the record: (1) what services have been provided to or offered to the parents or guardian to facilitate reunion; (2) whether the parents or guardians are satisfied with the services offered; (3) the extent to which the parents or guardian have visited the child and any reasons why visitation has not occurred or been infrequent; (4) whether the agency is satisfied with the cooperation given it by the parents or guardian; (5) whether additional services are needed to facilitate the return of the child to his parents or guardians; if so, the court shall order such services when appropriate; and (6) when return of the child may be expected. History: Added Sept. 24, 1983, No. 4855, § 2, Sess. L. 1983, p. 184.

The court may appoint a person from a Court Appointed Special Advocates (CASA) Program to represent the interest of abused and neglected children in court proceedings. The court will by court order, court rule, or other written agreement with a CASA Program, define the working relationship program between the program and the court. The Court may appoint a CASA Program member to represent a child as a guardian ad litem pursuant to section 2540(b)(8) of this chapter. History: Added Feb. 1, 2001, No. 6391, § 2(k)(2), Sess. L. 2000, p. 496.

Database (a) The Department of Human Services may petition the court to allow an investigator investigating child abuse and neglect matters to request information from the prescription drug monitoring database established in 19 V.I.C. § 635b. (b) The court may grant a petition under this section if the Department of Human Services demonstrate probable cause that: (1) the person was or is in possession of one or more prescription drugs; (2) the person gave birth to a baby; and (3) the person or the baby tested positive for one or more prescription drugs at the time of the birth of the baby. History: Added June 29, 2025, No. 8959, § 2, Sess. L. 2024, p. -.

(a) The Virgin Islands recognizes that abandonment can cause injury and death to newborn infants, giving rise to potential civil or criminal liability to parents recognize that they are unable to safely parent. This subchapter is intended to provide a mechanism for a newborn infant to be relinquished, utilizing Virgin Islands Safe Haven Law, to a safe environment and for the parents of the unharmed newborn infant to remain anonymous if they choose and to avoid civil or criminal liability for the act of relinquishing the newborn infant. Relinquishing a newborn infant using the procedures in this subchapter can reduce the chance of injury to a newborn infant and provide a safer alternative. (b) The Department of Human Services shall implement a public information campaign on Virgin Islands Safe Haven Law to encourage parents to safely relinquish a newborn infant under the procedures in this subchapter, or to choose a traditional adoption plan, instead of abandoning a newborn infant if a traditional adoption plan is not practicable. This campaign must also include guidance, support, and resources to assist individuals who are considering relinquishing a newborn infant to be able to gain the ability to parent a newborn infant themselves without placing the newborn infant in harm's way. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 198, 199.

(a) As used in this subchapter, unless it is otherwise provided or the context requires a different construction, application, or meaning: (1) "Abuse" means any physical or mental injury inflicted on a child, other than by accidental means, by those responsible for the care and maintenance of the child, which injury causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health or loss or protracted impairment of the function of any bodily organ. "Abuse" includes the sexual abuse of a child, as defined by law, or the sexual exploitation, including the prostituting of a child and the photographing or other depiction of a child for pornographic purposes, or a persistent course of sexual conduct that causes a child's health or welfare to be harmed or threatened. (2) "Department" means the Virgin Islands Department of Human Services. (3) "Emergency medical facility" means a freestanding emergency/urgent care center or trauma center that is staffed and available 24 hours a day/7 days per week. (4) "Emergency medical professional" includes licensed physicians, and any emergency medical technicians, emergency medical technician-intermediate, advanced emergency medical technicians, paramedics, trauma nurse specialists, nurse practitioners, nurses (RN and LPN), and physician assistants or any medical professional engaged in providing emergency medical services. (5) "Father" means, for purpose of this chapter only, a male parent of a child when: (A) he is married to a mother of the child when the child was conceived or when the child was born, unless a court of competent jurisdiction has, through court order, ruled to the contrary; or (B) it has been so determined by a court of competent jurisdiction; or (C) he has been given an order of adoption of the child by a court of competent jurisdiction; or (D) Paternity has otherwise been established pursuant to Title 16, chapter 11 of this Code; or (E) he otherwise makes a formal or unequivocal acknowledgment; (F) but does not Title 16anchapter 11ental rights have been terminated by a court of competent jurisdiction. (6) "Fire station" means an office or headquarters located within the Virgin Islands Territory that provides fire and emergency medical services to the territory. (7) "Hospital" means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of inpatients by or under the supervision of a physician. (8) "Mother" means a female parent of a child when she is the biological parent of the child; or has been given an order of adoption of the child by a court of competent jurisdiction, or she was the intended parent in the case of a child born by surrogacy; but does not mean a woman whose parental rights have been terminated by a court of competent jurisdiction. (9) "Neglect" means the abandonment of a child by his or her parent, guardian, or legal custodian or the failure to provide adequate food, clothing, shelter, education as required by law, or medical care though financially able to do so, proper parental supervision, care and control, or other action as necessary for a child's physical, mental, moral, or emotional health. (10) "Newborn Infant" means a child who a licensed physician reasonably believes is 60 days old or less at the time the child is initially relinquished to a hospital, police station, fire station, or emergency medical facility, who is not an abused or neglected child. (11) "Non-Relinquishing Parent" means the parent of a relinquished newborn infant who did not bring the infant or cause the newborn infant to be brought to the Safe Haven Provider. (12) "Parent" means the father or mother of a child and includes any adoptive parent. It does not include a person whose parental rights with respect to the child have been terminated by a court of competent jurisdiction. (13) "Police station" means an office or headquarters of the Virgin Islands Police Department located within the Virgin Islands Territory. (14) "Putative Father" means a man whose legal relationship to a child has not been established but claims to be the father or who is alleged to be the father of a child who is born to a woman to whom he is not married at the time of the child's birth. (15) "Relinquish" means to bring, or direct another party to bring, a newborn infant, as defined in this subchapter, to a staff member of a Safe Haven Provider and to leave the newborn infant with personnel of the facility. This includes calling 9-1-1 and contacting emergency medical services to respond to the location of the parent requesting to relinquish the newborn infant and relinquishing the newborn infant to emergency medical personnel. The newborn infant is relinquished in accordance with this subchapter if the person giving the newborn infant to the Safe Haven Provider does not express an intent to return for the newborn infant or states that he or she will not return for the newborn infant. In the case of a mother who gives birth to a newborn infant in a hospital, the mother's act of leaving that newborn infant at the hospital (i) without expressing an intent to return for the newborn infant or (ii) stating that she will not return for the newborn infant is a "relinquishment" under this subchapter. (16) "Relinquishing Parent" means the parent who brings, or otherwise causes the newborn infant to be brought, to the Safe Haven Provider or calls 9-1-1 and relinquishes the infant. (17) "Safe Haven Law" has the same meaning as Baby Moses law, Daniels Law, Safe Surrender Law and is a statute that decriminalizes the relinquishment of unharmed newborn infants with statutorily designated entities so that the child becomes a ward of the state. (18) "Safe Haven Provider" means a hospital, fire station, emergency medical facility, or police station. (19) "Temporary physical custody" means the temporary placement of a newborn infant with a Safe Haven Provider, hospital, or other medical facility out of the custody of the newborn infant's parent. (b) The terms "infant", and "newborn" are used interchangeably throughout this chapter and carry the same definition as "newborn infant", indicated above. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 199-201.

(a) There is a presumption that a person relinquishing a newborn infant, or otherwise causing the newborn infant to be relinquished, in accordance with this subchapter, is the newborn infant's biological parent and either without expressing an intent to return for the newborn infant or expressing an intent not to return for the newborn infant, did intend to relinquish the newborn infant to a Safe Haven Provider, to treat, care for, and provide for the newborn infant in accordance with this subchapter. (b) There is a presumption that by relinquishing a newborn infant in accordance with this subchapter, the newborn infant's relinquishing parent consents to the termination of his or her parental rights with respect to the newborn infant. (c) Both the relinquishing and non-relinquishing parent of a relinquished newborn infant may rebut the presumption set forth in subsection (a) or (b) at any time before the termination of the parent's parental rights. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 201, 202.

(a) Every fire station/EMS, and emergency medical facility shall accept and provide all necessary emergency services and care to a relinquished newborn infant or shall obtain emergency medical services by calling for EMS in accordance with this subchapter. After the relinquishment of a newborn infant to a fire station/EMS, the fire station shall arrange for the transportation of the newborn infant to the nearest hospital as soon as transportation can be arranged. (b) Every police station shall accept a relinquished newborn infant, in accordance with this subchapter. After the relinquishment of a newborn infant to a police station, the police station shall arrange for the transportation of the newborn infant to the nearest hospital as soon as transportation can be arranged. (c) Every hospital shall accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this subchapter. The hospital shall examine a relinquished newborn infant and perform tests that, based on reasonable medical judgment, are appropriate for evaluating whether the relinquished newborn infant was abused or neglected. (1) The act of relinquishing a newborn infant serves as implied consent for the hospital and its medical personnel and physicians on staff to treat and provide care for the newborn infant. (2) For any day that a hospital has custody of a newborn infant relinquished in accordance with this subchapter, the Department shall pay the hospital the current Medicaid general acute care daily inpatient rate. (3) The hospital is deemed to have temporary physical custody of a relinquished newborn infant until the newborn is discharged to the custody of the Virgin Islands Department of Human Services. (d) If either the relinquishing or non-relinquishing parent of a newborn infant returns to reclaim the child after relinquishing the infant to a Safe Haven Provider, staff shall inform the parent to contact the Virgin Islands Department of Human Services. A Safe Haven Provider may not in any circumstance give the infant back to the relinquishing or non-relinquishing parent. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 202, 203.

Every Safe Haven Provider that is required to accept a relinquished newborn infant under this chapter must post a sign in a conspicuous place on the exterior of the building, informing persons that a newborn infant may be relinquished at the facility in accordance with this subchapter. The Department shall prescribe specifications for the signs and for their placement that will ensure territory-wide uniformity. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 203.

Newborn Infants (a) The Safe Haven Provider shall take temporary physical custody of a child, without a court order, if the child is personally delivered to a Safe Haven Provider, if: (1) the child is no more than 60 days of age; and (2) the parent delivers, or causes the infant to be delivered to the safe haven provider; and (3) the parent does not express an intent to return for the child; and (4) there is no evidence of injury or abuse of the newborn infant. (b) If a Safe Haven Provider takes temporary physical custody of a child pursuant to subsection (a) of this section, the Safe Haven Provider: (1) shall perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody including, but not limited to, delivering the child to a hospital for care or treatment; and (2) may not inquire as to the identity of the parent. If the identity of a parent is known to the Safe Haven Provider, the Safe Haven Provider shall keep all information confidential, in accordance with the Health Insurance Portability and Accountability Act (HIPAA), and the confidentiality requirements under title 19 of the Virgin Islands Code. The parent leaving the newborn infant shall not be required to provide any information to the Safe Haven Provider, but may voluntarily provide information including, but not limited to, medical history of the parents or the newborn infant. (c) A Safe Haven Provider with responsibility for performing duties under this section, and any employee, doctor, or other personnel working with the Safe Haven Provider, are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith and within their professional scope in receiving a child and performing duties under this section. (d) A parent may leave a newborn infant with a Safe Haven Provider in this territory without being subjected to prosecution for abandonment or neglect pursuant to the provisions of title 14, Virgin Islands Code, section 504, if the newborn infant is no more than 60 days of age when the newborn infant is left with the Safe Haven Provider, as determined within a reasonable degree of medical certainty, and there is no evidence of injury or abuse of the newborn infant. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 203, 204.

(a) The act of relinquishing a newborn infant to staff at a Safe Haven Provider, in accordance with this subchapter does not, by itself, constitute a basis for a finding of abuse, neglect, or abandonment of the newborn pursuant to the laws of this Territory. (b) If there is suspected child abuse or neglect that is not based solely on the newborn infant's relinquishment at a Safe Haven Provider, staff who are mandated reporters shall report the abuse or neglect. (c) Neither a child protective investigation nor a criminal investigation may be initiated solely because a newborn infant is relinquished pursuant to this subchapter. (d) A Safe Haven Provider, and any personnel of a Safe Haven Provider, are immune from criminal or civil liability for acting in good faith in accordance with this subchapter. Nothing in this subchapter limits liability for negligence for care and medical treatment. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 204.

If there is no evidence of abuse or neglect of a relinquished newborn infant, the relinquishing parent has the right to remain anonymous and to leave the Safe Haven Provider at any time and not be pursued or followed. Before the relinquishing person leaves the Safe Haven Provider, the Safe Haven Provider personnel shall verbally inform the relinquishing person that by relinquishing the newborn infant anonymously the relinquishing person will have to petition the court if preventing the termination of parental rights and regaining custody of the newborn infant is desired. The Safe Haven Provider shall offer the relinquishing parent an information packet containing facts about custody and parental rights. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 204.

Prohibited (a) A Safe Haven Provider that receives a newborn infant relinquished in accordance with this subchapter shall offer an information packet to the relinquishing person and, if possible, shall clearly inform the relinquishing person that acceptance of the information is completely voluntary. The information packet must include the following: (1) Written notice of the following: (A) No sooner than 60 days following the date of the initial relinquishment of the newborn infant to a Safe Haven Provider, the Department will commence proceedings for the termination of parental rights and placement of the newborn infant for adoption; and (B) Failure of a parent of the newborn infant to contact the Department and petition for the return of custody of the newborn infant before termination of parental rights bars any future action asserting legal rights with respect to the newborn infant; (2) A resource list of providers of counseling services including grief counseling, pregnancy counseling, and counseling regarding adoption and other available options for placement of the newborn infant; (3) Upon request of the relinquishing parent, the Department shall provide the contact information for any adoption registry and medical information exchange maintained within the territory; (4) A brochure with a self-mailer attached that describes the Safe Haven Safe Haven Newborn Protect Actthe rights of birth parents, including an optional section for the parent to complete and mail to the Department, that shall ask for basic anonymous background information about the relinquished child. This brochure must be maintained by the Department on its website; and (5) A brochure describing postpartum health information for the mother. (b) Emergency medical professionals, employees, or other persons engaged in the administration or operation of a Safe Haven Provider, or the Department where a newborn infant has been relinquished or transferred under this subchapter are prohibited from publicly disclosing any information concerning the relinquishment of the newborn infant and the individuals involved, except as otherwise provided by law. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 204, 205.

(a) Not later than 12 hours after accepting an infant from a relinquishing person or from staff at a fire station, emergency medical facility, or police station, in accordance with this subchapter, a hospital shall report the relinquishment to the Department for the purpose of transferring physical custody of the infant from the hospital to the Department. (b) If a relinquished child is not a newborn infant as defined in section 2561(a)(10), the hospital shall proceed as if the child is an abused or neglected child. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 205.

(a) Once a hospital has made a report to the Department under section 2569(a) of this subchapter, the Department shall arrange to accept physical custody of the relinquished newborn infant and, not later than 48 hours of taking a newborn infant into custody, excluding weekends and holidays, shall seek a court order for emergency temporary custody of the infant upon its acceptance of the infant and file a petition with the court stating the specific circumstances justifying the taking of temporary custody and the specific measures implemented to safeguard the physical and emotional well-being of the newborn infant. If a hospital determines that a relinquished infant needs medical treatment beyond the 48 hours for the Department to take physical custody of the infant, the Department shall assume custody of any infant declared ready for discharge from a hospital within eight hours of such notification. The court shall grant the Department temporary guardianship status over any newborn infant in its care while a petition for guardianship is pending the issuance of a final court order. The Department shall pay all associated costs, including medical care expenses within and outside the territory if an infant under the Department's care requires transfer off the island for additional medical care. The Department shall assign an authorized representative to accompany any infant under their care during off-island transfers and medical treatment. (b) Not later than 24 hours after receiving a report under section 2569(a), the Department shall request assistance from law enforcement officials to investigate the matter using the National Center for Missing and Exploited Children to ensure that the relinquished newborn infant is not a missing child. The extent of this investigation involves only a determination that the infant is not a missing child and may not extend to an investigation of the relinquishing or non-relinquishing parent. (c) The Department shall initiate proceedings to terminate the parental rights of the relinquished newborn infant's known or unknown parents no sooner than 60 days following the date of the initial relinquishment of the newborn infant to the Safe Haven Provider. (d) Before filing a petition for termination of parental rights, the Department shall do the following: (1) Search its Putative Father Registry for the purpose of determining the identity and location of the putative father of the relinquished newborn infant who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of the proceeding to the putative father. At least one search of the Registry must be conducted at least 60 days after the relinquished newborn infant's estimated date of birth. Notice to any potential putative father discovered in a search of the Registry according to the estimated age of the relinquished newborn infant must be in accordance with title 16 Virgin Islands Code, chapter 5, section 143. (2) Verify with law enforcement officials, using the National Center for Missing and Exploited Children that the relinquished newborn infant is not a missing child. (3) No later than 10 days after the newborn infant is relinquished, the Department shall attempt to identify, locate, and notify the non-relinquishing parent by performing a missing-child search and publishing notice of the relinquishment of the newborn to include: (A) The place, date, and time of the relinquishment; and (B) The sex, race, approximate age, any identifying marks of the newborn infant, and any other identifying information the Department considers necessary; and (C) A statement that the non- relinquishing parent's failure to notify the Department of an intent to exercise his or her parental rights and responsibilities within 20 days after publication of the notice shall be deemed to be the non-relinquishing parent's irrevocable consent to the termination of all parental rights and his or her irrevocable waiver of any right to notice of, or opportunity to participate in, any termination of parental rights proceeding involving the surrendered newborn. (4) Not later than 48 hours, excluding weekends and holidays, after assuming physical custody of the newborn infant, the Department shall file a petition in the Family Division of the Superior Court. The petition must allege that the newborn infant has been relinquished in accordance with this subchapter and state that the newborn infant continues to need the Department's protection. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 206, 207.

(a) The Department shall implement a public information program to promote safe placement alternatives for newborn infants. The public information program may include the following elements: (1) Educational and informational materials in print, audio, video, electronic or other media. (2) Establishment of a dedicated page on the Department's web site. (3) Public service announcements and advertisements. (4) Establishment of a toll-fee, 24-hour hotline. (b) The Department shall make information about the Territory's Safe Haven laws, Safe Haven Provider locations, and support and resources available for parents and available to the public. The Department shall make information about Safe Haven relinquishment available on its website. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 207, 208.

(a) A relinquishing or non-relinquishing parent of a newborn infant relinquished in accordance with this subchapter may petition for the return of custody of the newborn infant before the termination of parental rights by filing a petition for return of custody in the court in which the proceeding for the termination of parental rights is pending. (b) If a petition for the termination of parental rights has not been filed by the Department, the parent of the relinquished newborn infant shall contact the Department, which shall notify the parent of the appropriate court in which the petition for return of custody must be filed. (c) The court may hold the proceeding for the termination of parental rights in abeyance for a period not to exceed 60 days from the date that the petition for return of custody was filed without a showing of good cause. During that period: (1) The court shall order genetic testing to establish maternity or paternity, or both. (2) The Department shall conduct a home study to develop recommendations to the court. (3) When indicated, as a result of the Department's investigation and home study, further proceedings may be conducted. However, relinquishment of a newborn infant in accordance with this subchapter does not render the newborn infant abused, neglected, or abandoned solely because the newborn infant was relinquished to a Safe Haven Provider in accordance with this subchapter. (d) Failure to file a petition for the return of custody of a relinquished newborn infant before the termination of parental rights bars any future action asserting legal rights with respect to the newborn infant unless the relinquishing parent's act of relinquishment that led to the termination of parental rights involved fraud perpetrated against and not stemming from or involving the non-relinquishing parent. (e) No action to void or revoke the termination of parental rights of a parent of a newborn infant relinquished in accordance with this subchapter may be commenced after 12 months after the date that the newborn infant was initially relinquished to a Safe Haven Provider, unless the act of relinquishment that led to the termination of parental rights involved fraud. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 208.

(a) The Department shall collect and analyze information regarding the relinquishment of infants and placement of children under this subchapter. The hospital, fire station, emergency medical facility, police station, and medical professionals accepting and providing services to an infant under this subchapter shall report to the Department data necessary for the Department to evaluate and determine the effect of this subchapter in the prevention of injury or death of infants. (b) The information collected must include: (1) the number of infants relinquished; (2) the services provided to relinquished infants; (3) the outcome of care for the relinquished infants; (4) the number and disposition of cases of relinquished infants subject to placement; (5) the number of children accepted and served by Department; illegal abandonments; and (6) the services provided by the Department, and the disposition of the cases of the children placed under this subchapter. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 208, 209.

Nothing in this subchapter may be construed to preclude the courts of this Territory from exercising their discretion to protect the health and safety of children in individual cases. The best interests and welfare of a child is a paramount consideration in the construction and interpretation of this subchapter. It is in the child's best interests that this subchapter be construed and interpreted so as not to result in extending time limits beyond those set forth in this subchapter. History: Added Jan. 20, 2024, No. 8798, § 2, Sess. L. 2023, p. 209.

(a) Unless otherwise specified, this subtitle applies both to actions in the district court and to actions in the Superior Court, within their respective jurisdictions. (b) This subtitle applies both to prosecutions for offenses against the laws of the Virgin Islands and to prosecutions for offenses against the laws of the United States unless a different procedure is required under the laws of the United States. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

The judge of the Superior Court may, in his discretion, require the person making the complaint in a criminal action to give security for costs and disbursements before filing or receiving a complaint therein. History: Amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

(a) Every criminal case of misdemeanor in which a penalty of imprisonment may be imposed, and in every case of preliminary investigation on a charge of felony, in which the defendant appears without counsel, in the Superior Court, the court shall advise the defendant that he has a right to be represented by counsel and that counsel will be appointed to represent him if he is financially unable to obtain same. Unless the defendant waives the appointment of counsel, the court, if satisfied from the financial statement filed pursuant to chapter 302 of this title that the defendant is indigent and therefore unable to obtain counsel, shall refer such defendant to the Office of the Public Defender, which Public Defender shall represent him at every stage of the proceeding against him; Provided, however, the Court may, when in its judgment the circumstances warrant it, assign other counsel to represent the defendant at every stage of the proceedings; Provided, however, That the judges of the Superior Court may appoint counsel for such indigent persons from a panel of private attorneys maintained by the Superior Court for this purpose in no more than 15 percent in cases of defendants who by reason of indigence, are unable to obtain counsel. (b) Attorneys at law appointed by the Superior Court under subsection (a) of this section to represent defendants financially unable to employ counsel may be allowed the necessary expenses, upon verified statements thereof being filed with the clerk of the court, and reasonable compensation for their services in carrying out their assignments. The amount of such compensation shall, in each case, be fixed by the court and such compensation and expenses shall be paid out of money appropriated for that purpose by law. (c) Notwithstanding any other provision of law, in every criminal case in which the defendant is a peace officer charged with an offense arising out of and during the performance of his duties, such officer shall have the option to select for his defense an attorney of his choice, other than the Attorney General or any member of his staff, whose necessary expenses and reasonable compensation for services shall be paid in the same manner as is provided in subsection (b) of this section. For the purposes of this subsection the word "court" shall be deemed to include all Courts of the Virgin Islands. (d) The Supreme Court may from time to time prescribe rules for the implementation of subsections (a), (b) and (c) of this section. History: Amended May 4, 1967, No. 1956, § 1, Sess. L. 1967, p. 189; Mar. 20, 1972, No. 3188, §§ 1-3, Sess. L. 1972, p. 41; Feb. 20, 1973, No. 3392, § 2, Sess. L. 1972, p. 581; Oct. 30, 1973, No. 3491, § 3, Sess. L. 1973, p. 257; Dec. 27, 1974, No. 3652, § 1, Sess. L. 1974, p. 279; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Dec. 23, 2003, No. 6634, § 20, Sess. L. 2003, p. 125; amended July 30, 2016, No. 7888, § 12, Sess. L. 2016, p. 113.

Bail The judges of all the courts of the Virgin Islands shall have power to issue warrants of arrest, to make preliminary investigations, to commit to the district court persons charged with offenses against the laws of the United States and of the Virgin Islands cognizable in that court, and to grant bail in bailable cases. A five dollar service fee shall be added to the amount of any cash or property bond posted under the provision of this chapter. History: Amended Feb. 1, 2001, No. 6391, § 2, Sess. L. 2000, p. 435.

(a) Who may be detained: (1) Dangerous crime. A person charged with murder in the first degree, rape in the first degree, arson in the first degree, robbery in the first degree, burglary in the first degree, kidnapping for ransom, or drug trafficking (which shall mean trafficking in marijuana, synthetic marijuana, hashish, cocaine, dangerous drugs, morphine or opium as provided in Title 19, section 614a, Virgi614a, Virgin Islands Codeder of the court be detained upon a hearing as provided in subsection (b) prior to trial if the government certifies by motion that, based on the person's pattern of behavior consisting of his past and present conduct, the nature and circumstances of the offense charged, the weight of the evidence presented, his family ties, employment, financial resources, character and mental condition, length of residence in the community, record of convictions, and any record of appearance at court proceedings, flight to avoid prosecution or failure to appear at court proceedings, there is no one condition or combination of conditions which will reasonably assure the safety of the community or, particularly in the case of a person charged with drug trafficking, that the person charged will appear for trial. (2) Other offenders. A person charged with any offense may by order of the court be detained upon a hearing as provided for in subsection (b) prior to trial if the person for the purpose of obstructing or attempting to obstruct justice, threatens, injuries or intimidates or attempts to threaten, injure or intimidate any prospective witness or juror. (b) Hearing: (1) How initiated. A pretrial detention hearing may be initiated on oral motion of the prosecuting attorney whenever a person described in subsection (a)(1) or (2) is before the court. If such person has previously been released, the prosecuting attorney may initiate a hearing by ex parte motion. Upon such motion, the court may issue a warrant for the arrest of such person. (2) Time of hearing. The hearing shall be held immediately upon the person being brought before the court unless a continuance is granted. A continuance granted on the motion of the person shall not exceed five calendar days, unless there are extenuating circumstances. A continuance on motion of the prosecuting attorney shall be granted upon good cause shown and shall not exceed three calendar days. The person may be detained pending the hearing. (3) Conduct of hearing. The person shall be entitled to representation by counsel and shall be entitled to present information by proffer or otherwise, to testify, and to present witnesses in his own behalf. Rules pertaining to the admissibility of evidence in a court of law need not be followed. (c) Issuance of an order of detention: No order of detention shall be issued upon a hearing under subsection (b) unless the court finds (1) that there is clear and convincing evidence that the person is a person described in subsection (a); (2) that there is no one or combined conditions which will reasonably assure the safety of any other person or the community or, particularly with respect to a person charged with drug trafficking, that the person charged will appear for trial; and (3) that, except with respect to a person described in subsection (a)(2), on the basis of information by proffer or otherwise there is a substantial probability that the person committed the offense for which he is present before the court. An order of detention shall be accompanied by written findings of fact and the reasons for its entry. (d) Miscellaneous provisions: (1) Expedited trial. The case of any person detained pursuant to an order issued under subsection (c) shall be placed on an expedited calendar and, consistent with the sound administration of justice, his trial shall be given priority. (2) Release. A person detained under subsection (c) shall be treated in accordance with the rules of criminal procedure for release on bail upon the expiration of 60 calendar days from the date of issuance of an order of detention, unless the trial is in progress or has been delayed at the request of the person other than by the filing of timely motions (excluding motions for continuances); or whenever the judge finds that a subsequent event has eliminated the basis for such detention. History: Added Apr. 2, 1982, No. 4697, Sess. L. 1982, p. 59; amended May 3, 2013, No. 7472, § 1, Sess. L. 2013, p. 1.

If the defendant in any court of the Virgin Islands has been released from custody on bail or has deposited money in lieu thereof, and does not appear to be arraigned at the time set for arraignment, or does not appear at the time of trial or at any time during the trial or for judgment, the court in addition to the forfeiture of the undertaking of bail or the money deposited in lieu thereof shall direct the clerk to issue a bench warrant for his arrest.

When proof is made to the judge that a person previously admitted to bail on a criminal charge is about to abscond, and that his bail is insufficient, the judge shall require such person to give better security, or, for default thereof, cause him to be committed; and an order for his arrest may be indorsed on the former commitment, or a bench warrant therefor may be issued, setting forth the cause thereof. The bench warrant shall be issued by the clerk, upon direction of the judge.

Judgment The clerk at any time after the making of the order for a bench warrant for failure of the defendant to appear for judgment, on the applicable of the United States attorney, shall issue such warrant whether the court is sitting or not.

A bench warrant issued under section 3505 or 3506 of this title shall be in such form as the judge prescribes and shall be signed by the clerk, and, if it is issued because of the defendant's failure to appear for judgment, shall state generally the crime of which he was convicted. A bench warrant issued under either of such sections shall be directed to any peace officer as defined in section 3561 of this title, and shall be executed by such officer in the same manner as a warrant of arrest.

(a) For purposes of this section the term "admission" includes a confession of guilt by a defendant. (b) A video recorded confession, if otherwise admissible, is admissible as evidence in any criminal proceeding. History: Added Oct. 30, 1984, No. 5021, § 3, Sess. L. 1984, p. 390.

History: Repealed. Oct. 31, 2024, No. 8923, § 2, Sess. L. 2024, p. -.

This chapter shall be known and may be cited as the "Child Victims' and Child Witnesses' Rights Act". History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

As used in this chapter, unless the context clearly requires otherwise: (a) "Adult attendant" means an adult who accompanies a child throughout the judicial process for the purpose of providing emotional support who may be an advocate, counselor, therapist, the non-offending parent, or someone with whom the child is familiar who can support the child throughout the entire process and afterwards. (b) "Child" means a person who is under the age of 18 years. (c) "Child abuse" means the infliction of physical, mental, or emotional injury upon a child, or maltreatment, sexual conduct or sexual contact with a child, or exploitation of a child by any person. It does not include discipline administered by a parent or legal guardian to his or her child provided that the discipline is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. (d) "Exploitation" means the use of a child for pornography, prostitution, labor trafficking, or any act where a child is coerced or manipulated for sexual or financial gain. (e) "Mental injury" means psychological injury or harm including emotional trauma, which impairs the mental or emotional health or functioning of a child. (f) "Multidisciplinary Team" means a team of professionals, including representatives from law enforcement, child protective services, health and mental health services, victim advocacy, and the legal system, who work together to investigate, prosecute, and provide services for cases of severe child maltreatment, including abuse and neglect. (g) "Neglect" means to place a child or allow a child to be placed in a situation which a reasonable person should know is dangerous to the child's health or welfare, and includes, but is not limited to, the following: (1) leaving a child unsupervised, taking into account the age and developmental stage of the child; (2) denying or failing to provide a child with shelter, food, clothing, medical care or education; (3) leaving a child in the care of any person known to use, possess or sell illegal drugs or abuse alcohol; (4) leaving a child in the care of any person known to have engaged in sexual activity with any child; (5) leaving a child in the care of any person known to be incapable of providing adequate care for a child; (6) keeping a child under the age of 16 years home from school to care for other children; or (7) leaving a child in the care of a person that is known to be a registered sex offender of children. (h) "Physical injury" means the impairment of physical condition and includes, but is not limited to, any skin bruising, bleeding, failure to thrive, malnutrition, burn, bone fracture, soft tissue swelling, subdural hematoma, injury to any internal organ, or any physical condition that threatens a child's health or welfare, or death as a result of physical injury (i) "Sexual abuse" includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another to engage in, sexually explicit conduct, or the rape, molestation, prostitution, or other form of sexual exploitation of children, sexual grooming, or incest with children. (j) "sexual conduct" means actual or simulated: (1) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal- genital, or oral-anal contact, whether between persons of the same or of opposite sex; (2) bestiality; (3) masturbation; (4) lascivious exhibition of the genitals or pubic area of a person or animal; or (5) sadistic or masochistic abuse. (k) "Sexual contact" means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desire of any person. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

(a) Child's live testimony by two-way closed-circuit television: (1) In a proceeding involving an alleged offense against a child, the attorney for the Government, the child's attorney, or a guardian ad litem, appointed under section 3519, may move the court for an order that the child's testimony be taken in a room outside the courtroom and be televised by two-way closed circuit television. The party seeking such an order shall file an appropriate motion not less than seven days before the trial date. If a party moves the court for an order outside the seven days, the court may still issue an order if it finds that the need for the order was not reasonably foreseeable and good cause exists for the order to be entered. (2) The court may order that the testimony of the child be taken by closed-circuit television as provided in paragraph (1) if the court finds paragraph (1)d is unable to testify in open court in the presence of the defendant, for any of the following reasons: (A) the child is unable to testify because of fear; (B) there is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying; (C) the child suffers a mental or other infirmity; or (D) conduct by defendant or defense counsel causes the child to be unable to continue testifying. (3) The court shall support a ruling on the child's inability to testify with detailed findings on the record that justify the use of the alternative method for a child's testimony and that the alternative method is necessary to protect the child and is narrowly tailored to meet that purpose. In determining whether the impact on an individual child of one or more of the factors described in paragraph (2) is so suparagraph (2)to justify an order under paragraph (1), the paragraph (1)question the minor in chambers, or at some other comfortable place other than the courtroom, for a reasonable period of time with the child attendant, the prosecutor, the child's attorney, the guardian ad litem, and the defense counsel present. (4) If the court orders that testimony be taken by closed-circuit television, the attorney for the Government and the defendant's attorney, not including a party acting as an attorney, pro se, shall be present in the room outside the courtroom with the child and the child shall be subjected to direct and cross-examination. The only other persons who may be permitted in the room with the child during the child's testimony are: (A) the child's attorney or guardian ad litem appointed under section 3519; (B) persons necessary to operate the closed-circuit television equipment; (C) a judicial officer, appointed by the court; and (D) other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child, including an adult attendant. (5) The child's testimony shall be transmitted by closed circuit television into the courtroom for viewing and hearing by the defendant, jury, judge, and public. The defendant shall be provided with the means of private, contemporaneous communication with the defendant's attorney during the testimony. The closed-circuit television transmission shall transmit the defendant's image and the voice of the judge into the room in which the child is testifying. (b) Videotaped deposition of child (1) In a proceeding involving an alleged offense against a child, the attorney for the Government, the child's attorney, the child's parent or legal guardian, or the guardian ad litem appointed under section 3519 may make a motion to the court for an order that the child's deposition testimony be taken outside of the defendant's presence and be recorded and preserved on videotape. (2) Upon timely receipt of a motion described in paragraph (1), the court shall make a preliminary finding regarding whether at the time of trial the chiparagraph (1)kely to be unable to testify in open court in the physical presence of the defendant, jury, judge, and public for any of the following reasons: (A) the child will be unable to testify because of fear; (B) there is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying in open court; (C) the child suffers a mental or other infirmity; or (D) conduct by defendant or defense counsel causes the child to be unable to continue testifying. (3) If the court finds that the child is likely to be unable to testify in open court for any of the reasons stated in paragraph (2), the court shall order that the child's deposition be taken and preserved by videotape. (4) The trial judge shall preside at the videotaped deposition of the child and shall rule on all objections and motions as if at trial. The only other persons who may be permitted to be present at the proceeding are: (A) the attorney for the Government; and (B) the defendant's attorney; (5) A defendant's rights under the Sixth Amendment, including the right to cross-examine witnesses, must bSixth Amendmentall cases where alternative testimony is used. The alternative method must provide the defendant an opportunity to observe and participate in the examination of the witness to the fullest extent possible. (6) The defendant must be afforded the rights applicable to defendants during trial, including the right to an attorney, the right to confront the witness against the defendant, and the right to cross-examine the child. (7) If the preliminary finding of inability under paragraph (2)(of) is based on evidence that the child iparagraph (2)(of) testify in the physical presence of the defendant, the court may order that the defendant, including a defendant represented pro se, be excluded from the room in which the deposition is conducted. If the court orders that the defendant be excluded from the deposition room, the court shall order that two-way closed circuit television equipment relay the defendant's image into the room in which the child is testifying, and the child's testimony into the room in which the defendant is viewing the proceeding, and that the defendant be provided with a means of private, contemporaneous communication with the defendant's attorney during the deposition. (8) The complete record of the examination of the child, including the image and voices of all persons who in any way participated in the examination, must be made and preserved on video tape in addition to a stenographical recording. The videotape must be transmitted to the clerk of the court in which the action is pending and must be made available for viewing to the prosecuting attorney, the defendant, and the defendant's attorney during ordinary business hours. (9) The child's attorney or guardian ad litem appointed under section 3519; (10) Persons necessary to operate the videotape equipment; (11) Subject to paragraph (paragraph (2)(D)dant; and (12) Other persons whose presence is determined by the court to be necessary to the welfare and well- being of the child. (c) If at the time of trial, the court finds that the child is unable to testify as for a reason described in paragraph (2), the court may admit into evidence the child's videotaped deposition in lieu of the child testifying at the trial. The court shall support a ruling under this subsection with findings on the record. (d) Upon timely receipt of notice that new evidence has been discovered after the original videotaping and before or during trial, the court, for good cause shown, may order an additional videotaped deposition. The testimony of the child must be restricted to the matters specified by the court as the basis for granting the order. (e) In connection with the taking of a videotaped deposition under this section, the court may enter a protective order for the purpose of protecting the privacy of the child. (f) The videotape of a deposition taken pursuant to this section must be destroyed five years after the date on which the trial court entered its judgment, but not before a final judgment is entered on appeal, including Supreme Court review. The videotape must become part of the court record and be kept by the court until it is destroyed. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

(a) Nothing in this section may be construed to abrogate Rule 601 of the Virgin Islands Rules of Evidence. (b) A child is presumed to be competent. (c) A competency examination of a child witness may be conducted by the court only upon written motion and offer of proof of incompetency by a party. (d) A competency examination regarding a child may be conducted only if the court determines, on the record, that compelling reasons exist. A child's age alone is not a compelling reason to conduct a competency examination. (e) The only persons who may be permitted to be present at a competency examination are: (1) the judge; (2) the attorney for the Government; (3) the defendant's attorney; (4) a court reporter; and (5) persons whose presence, in the opinion of the court, is necessary to the welfare and well-being of the child, including the child's attorney, guardian ad litem, or adult attendant. (f) A competency examination regarding a child witness must be conducted out of the sight and hearing of a jury. (g) The court must conduct the competency examination on the basis of questions submitted by the attorney for the Government, the defendant's attorney, including a party acting as an attorney pro se. The court may permit an attorney, but not a party acting as an attorney pro se, to examine a child directly on competency if the court is satisfied that the child will not suffer emotional trauma as a result of the examination. (h) The questions asked at the competency examination of a child must be appropriate to the age and developmental level of the child, must not be related to the issues at trial, and must focus on determining the child's ability to understand and answer simple questions. (i) Psychological and psychiatric examinations to assess the competency of a child witness may not be ordered without a showing of compelling need. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

(a) A person acting in a capacity described in subsection (b) of this section, in connection with a criminal proceeding shall: (1) keep all documents that disclose the name or any other information concerning a child in a secure place to which no person who does not have reason to know their contents has access; and (2) disclose documents described in subsection (c) of this section, or the information in them that concerns a child only to persons who, by reason of their participation in the proceeding, have reason to know such information. (b) Subsection (a) of this section applies to: (1) all employees of the Government connected with the case, including employees of the Department of Justice, any law enforcement involved in the case, and anyone hired by the Government to provide assistance in the proceeding; (2) employees of the court; (3) the defendant and employees of the defendant, including the defendant's attorney and persons hired by the defendant or the defendant's attorney to provide assistance in the proceeding; and (4) members of the jury. (c) All papers to be filed in court that disclose the child's name, or any other information concerning a child, must be filed under seal without necessity of obtaining a court order. The person who makes the filing shall submit to the clerk of the court: (1) the complete paper to be kept under seal; and (2) the paper with the portions of it that disclose the child's name, or other information concerning the child, redacted to be placed in the public record. (d) On motion by any person, the court may issue an order protecting the child from public disclosure of the child's name, or any other information concerning the child in the course of the proceedings, if the court determines that there is a significant possibility that such disclosure would be detrimental to the child. (e) A protective order issued under subsection (d) of this section may: (1) provide that the testimony of a child witness, and the testimony of any other witness, when the attorney who calls the witness has reason to anticipate that the child's name, or any other information concerning a child may be divulged in the testimony, be taken in a closed courtroom; and (2) provide for any other measures that may be necessary to protect the privacy of the child. (f) This section does not prohibit disclosure of the child's name, or other information concerning the child to the defendant, the defendant's attorney, a multidisciplinary team, guardian ad litem, or an adult attendant, or to anyone to whom, in the opinion of the court, disclosure is necessary to the welfare and well-being of the child. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

When a child testifies, the court may order all persons excluded from the courtroom except for the adult attendant, including members of the press, who do not have a direct interest in the case. Such an order may be made if the court determines that requiring the child to testify in open court would cause substantial psychological harm to the child, or would result in the child's inability to communicate effectively. The order must be narrowly tailored to serve the Government's specific compelling interest. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

In preparing the presentence report pursuant to Rule 32(c) of the Virgin Islands Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary team and other appropriate sources to determine the impact of the offense on the child victim and any other children who may have been affected. The guardian ad litem, appointed under section 3519 shall make every effort to obtain and report information that accurately expresses the child's and the family's views concerning the child's victimization. The guardian ad litem shall use forms that permit the child to express the child's views concerning the personal consequences of the child's victimization, at a level and in a form of communication commensurate with the child's age and ability. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

(a) The court shall use a multidisciplinary team when it is feasible to do so. The court shall work with the Government and its established multidisciplinary teams designed to assist child victims and child witnesses, and the court and the attorney for the Government shall consult with the multidisciplinary team as appropriate. (b) The role of the multidisciplinary team is to provide specific services for the child including: (1) medical diagnoses and evaluation services, including provision or interpretation of x-rays, laboratory tests, and related services, as needed, and documentation of findings; (2) telephone consultation services in emergencies and in other situations; (3) medical evaluations related to abuse or neglect; (4) psychological and psychiatric diagnoses and evaluation services for the child, parent or parents, guardian or guardians, or other caregivers, or any other individual involved in a child-victim or child- witness case; (5) expert medical, psychological, and related professional testimony; (6) case service coordination and assistance, including the location of services available from public and private agencies in the community; and (7) training services for judges, litigators, court officers and others that are involved in child-victim and child-witness cases, regarding the appropriate handling of child victims and child witnesses. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

(a) In order to protect the best interests of the child, the court shall appoint, and provide reasonable compensation and payment for expenses for a guardian ad litem for a child who was a victim of a crime involving abuse or exploitation. The court also may use its discretion to appoint and provide reasonable compensation and payment for expenses for a guardian ad litem for a child who was a witness to a crime involving abuse or exploitation. In making the appointment, the court shall consider a prospective guardian's background in, and familiarity with, the judicial process, social service programs, and child abuse issues. The guardian ad litem may not be a person who is or may be a witness in a proceeding involving the child for whom the guardian is appointed. (b) A guardian ad litem may attend all the depositions, hearings, and trial proceedings in which the child participates, and make recommendations to the court concerning the welfare of the child. The guardian ad litem may have access to all reports, evaluations and records, except attorney's work product, necessary to effectively advocate for the child. The extent of access to grand jury materials is limited to the access routinely provided to victims and their representatives. A guardian ad litem shall marshal and coordinate the delivery of resources and special services to the child. A guardian ad litem may not be compelled to testify in any court action or proceeding concerning any information or opinion received from the child in the course of serving as a guardian ad litem. (c) A guardian ad litem is presumed to be acting in good faith and is immune from civil and criminal liability for complying with the guardian's lawful duties described in subsection (b) of this section. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

(a) There is created a board to be known as the "Territorial Public Defender Administration Board" consisting of five persons, one of whom shall be the president of the Virgin Islands Bar Association or his designee, two of whom shall be appointed by the Chief Justice of the Supreme Court, provided, however, that of the two members appointed by the Chief Justice of the Supreme Court, one shall be a resident of the St. Thomas/St. John District and one shall be a resident of the St. Croix district; one of whom shall be appointed by the Governor and one of whom shall be appointed by the President of the Legislature. The term of the members appointed by the Governor and the President of the Legislature shall be coterminous with those of the persons by whom they are appointed. Of the two members appointed by the Chief Justice of the Supreme Court, one shall serve for three years and one shall serve for two years. Vacancies on the Board shall be filled for the unexpired term of the vacant member. The Board shall elect from among their number a Chairperson and such other officers as they may determine. Members of the Board shall receive a per diem of $75 for each day or part thereof spent in the performance of their official duties, plus any actual and necessary travel expenses. (b) The Territorial Public Defender Administration Board shall hire and be authorized to terminate all personnel and staff for the Office of the Territorial Public Defender upon the recommendation of the Chief Territorial Public Defender. The Board shall hear and decide on all complaints and grievances of employees. The Board shall promulgate rules and regulations governing employees rights and relations with the right of appeal as to any adverse decision of the Board available to any aggrieved employee, pursuant to Title 5, Section 1421 et seq., Virgin Islands Code. The Board shall approve the annual budget for the office. (c) The members of the Territorial Public Defender Administration Board, while acting within the scope of their duties as members of such Board, shall not be subject to any personal or civil liability as a result of any of the Board's actions taken pursuant to its duties and responsibilities, unless the conduct of the member or members is determined by a court of competent jurisdiction to constitute willful wrongdoing or gross negligence. History: Added Jan. 5, 1979, No. 4254, § 1, Sess. L. 1978, p. 324; amended Feb. 18, 1992, No. 5775, § 1, Sess. L. 1992, p. 27; Aug. 20, 2010, No. 7178, § 6, Sess. L. 2010, p. 102; amended July 30, 2016, No. 7888, § 9(a), Sess. L. 2016, p. 113; amended Sept. 29, 2023, No. 8763, § 2, Sess. L. 2023, p. 110. Cite as: 5 V.I.C. § 3520 v2

In a proceeding in which a child is called to give testimony, on motion by the attorney for the Government or a guardian ad litem, or on its own motion, the court may designate the case as being of special public importance. In cases so designated, the court shall, consistent with these rules, expedite the proceeding and ensure that it takes precedence over any other. The court shall ensure a speedy trial in order to minimize the length of time the child must endure the stress of involvement with the criminal process. When deciding whether to grant a continuance, the court shall take into consideration the age of the child and the potential adverse impact the delay may have on the child's well-being. The court shall make written findings of fact and conclusions of law when granting a continuance in cases involving a child. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, and a criminal action is pending that arises out of the same occurrence and in which the child is the victim, the civil action must be stayed until the end of all phases of the criminal action, and any mention of the civil action during the criminal proceeding is prohibited. For purposes of this section, a criminal action is pending until its final adjudication in the trial court. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

The court may permit a child to use anatomical dolls, puppets, drawings, mannequins, or any other demonstrative device the court deems appropriate for the purpose of assisting a child in testifying. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

(a) In any criminal proceeding, any property or material that constitutes child pornography, as defined by title 18, section 2256 of the United States Code, must remain in the care, custody, and control of either the Government or the court. (b) Notwithstanding Rule 16 of the Virgin Islands Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography, as defined by title 18, section 2256 of the United States Code, so long as the Government makes the property or material reasonably available to the defendant. (c) For the purposes of subsection (b), property or material is deemed to be reasonably available to the defendant, the defendant's attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial if the Government provides ample opportunity for inspection, viewing, and examination at a Government facility. History: Added Oct. 31, 2024, No. 8923, § 1, Sess. L. 2024, p. -.

(a) There is established the Office of the Territorial Public Defender for the purpose of representing indigent criminal defendants appearing before the Superior Court. The Office of the Territorial Public Defender shall be comprised of two (2) divisions, one of which shall be located in the Island District of St. Thomas/St. John and the other of which shall be located in the Island District of St. Croix. Each division of the Office of the Territorial Public Defender shall be comprised of one (1) or more attorney(s) licensed to practice law in the Virgin Islands or specifically admitted to practice law in the Virgin Islands on behalf of the Office of the Territorial Public Defender and such secretarial, investigative and clerical personnel as are necessary or desirable as determined by the Chief Territorial Public Defender within the scope of legislative appropriations made therefor. All other money, gifts, properly, proceeds from rent, sales, and all other gifts and contributions, including but not limited to financial or property gifts received by the Office of the Territorial Public Defender, shall be placed in the account or accounts, as authorized to be established under this section. (b) (1) The Chief Territorial Public Defender of the Office of the Territorial Public Defender may establish within the Office of the Territorial Public Defender an account or system of accounts and records, and an appropriate bank account for quarterly deposits of allotted funds and for prompt payment of operating expenses of the Office of the Territorial Public Defender except salaries and fringe benefits. All other money, gifts, property, proceeds from rent, sales, and all other gifts and contributions, including but not limited to financial or property gifts received by the Office of the Territorial Public Defender, shall be placed in the account or accounts, as authorized to be established under this section. The use and disposal of the money and assets identified in this subsection shall be determined by the Territorial Public Defender's Administrative Board and the money and property identified in the account(s) shall remain available until expended in accordance to the authorization of the Board. (2) The Director of the Office of Management and Budget shall make quarterly allotments of the annual appropriation to the Office of the Territorial Public Defender. (3) The Chief Territorial Public Defender shall submit to the Department of Finance by the 30th day of the month following the end of each quarter a quarterly report detailing the amount, the nature and justification of each item of expenditure in the previous quarter. The report shall be accompanied by receipts and any other documentation required by the rules and regulations of the Department of Finance's or by other laws of the Virgin Islands. The Chief Territorial Public Defender shall compile and submit an annual report to the Department of Finance and to the Legislature by the 30th day of the month following the end of the fiscal year. History: Added Feb. 20, 1973, No. 3392, § 1, Sess. L. 1972, p. 579; amended Dec. 27, 1974, No. 3652, § 2, Sess. L. 1974, p. 279; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Jan. 5, 1979, No. 4254, § 2, Sess. L. 1978, p. 325; Dec. 2, 1999, No. 6329, § 3, Sess. L. 1999, p. 162; Dec. 1, 2001, No. 6479, § 26, Sess. L. 2001, p. 332; amended Sept. 29, 2023, No. 8763, § 2, Sess. L. 2023, p. 110.

The Territorial Public Defender(s) of each division of the Office of the Territorial Public Defender shall be appointed by and shall serve at the will of the Territorial Public Defender Administration Board created by section 3520 of this chapter. The Board shall name one appointee as Chief Territorial Public Defender who shall serve a term of three years and may be reappointed. The Chief Territorial Public Defender may be terminated by the Board for cause. The Territorial Public Defender(s) for the St. Thomas/St. John division of the Office shall reside in said division. The Territorial Public Defender(s) for the St. Croix division of the Office shall reside in that division. Such Territorial Public Defender(s) shall be chosen on the basis of their experience and ability in defending persons accused of crime. History: Added Feb. 20, 1973, No. 3392, § 1, Sess. L. 1972, p. 579; amended Dec. 27, 1974, No. 3652, §§ 3, 4, Sess. L. 1974, p. 280; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Jan. 5, 1979, No. 4254, § 3, Sess. L. 1978, p. 325; Feb. 18, 1992, No. 5775, § 2(a), (b), Sess. L. 1992, p. 28; amended Sept. 29, 2023, No. 8763, § 2, Sess. L. 2023, p. 110.

Each Territorial Public Defender, including the Chief Territorial Public Defender, shall receive in full compensation for his services an amount to be determined by the Territorial Public Defender Administration Board; Provided, however, That the salary of a Territorial Public Defender shall not exceed the salary of the Chief Territorial Public Defender. Salaries for clerical and investigative staff shall be determined by the Chief Territorial Public Defender. The Chief Territorial Public Defender shall recommend to the Territorial Public Defender Administration Board such assistants as may be necessary. The Chief Territorial Public Defender shall prepare and submit an annual budget for salaries and expenses of the Office of the Territorial Public Defender to the Legislature. History: Added Feb. 20, 1973, No. 3392, § 1, Sess. L. 1972, p. 580; amended Oct. 30, 1973, No. 3491, § 1, Sess. L. 1973, p. 256; Dec. 27, 1974, No. 3652, § 5, Sess. L. 1974, p. 280; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Jan. 5, 1979, No. 4254, § 4, Sess. L. 1978, p. 325; Oct. 26, 1982, No. 4755, § 19, Sess. L. 1982, p. 177; Oct. 14, 1986, No. 5206, § 106(c), Sess. L. 1986, p. 235; Feb. 18, 1992, No. 5775, § 2(a), (c), Sess. L. 1992, p. 28; amended Oct. 31, 1998, No. 6270, § 5, Sess. L. 1998, p. 472; amended Sept. 29, 2023, No. 8763, § 2, Sess. L. 2023, p. 110.

When representing an indigent client in a criminal proceeding before the Superior Court, the Public Defender shall counsel and defend such client at every stage of the proceedings against him, and at any appeals or other remedies before or after conviction that he considers to be in the interest of justice. History: Added Feb. 20, 1973, No. 3392, § 1, Sess. L. 1972, p. 580; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

The Chief Territorial Public Defender is authorized and directed to annually survey all federal prisons which house prisoners incarcerated for the conviction of the violation of a criminal statute of the Virgin Islands, to determine if such facility has available to its prisoners Virgin Islands legal publications and materials. If it is determined that such facility does not have Virgin Islands legal publications and materials or any part thereof or supplement thereto, the Chief Territorial Public Defender shall forward to the facility the needed publications and materials. For the purpose of this section, "Virgin Islands legal publications and materials" means Volumes 1, 1A, 2, and 3 of the Virgin Islands Code, and the supplements thereto, and the volumes of the Virgin Islands Reports which do not appear in the Federal Reports. History: Added Oct. 14, 1986, No. 5206, § 106(d), Sess. L. 1986, p. 235; amended Sept. 29, 2023, No. 8763, § 2, Sess. L. 2023, p. 110.

The Chief Territorial Public Defender shall make an annual report to all members of the Board. The report shall contain a brief summary of all cases handled by the Office of the Territorial Public Defender during the preceding year. History: Added Feb. 20, 1973, No. 3392, § 1, Sess. L. 1972, p. 580; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Jan. 5, 1979, No. 4254, § 5, Sess. L. 1978, p. 326; Feb. 18, 1992, No. 5775, § 4, Sess. L. 1992, p. 28; amended Sept. 29, 2023, No. 8763, § 2, Sess. L. 2023, p. 110.

Each Public Defender shall devote his full time to the discharge of his duties as such and shall not directly or indirectly engage in the private practice of law, nor shall he directly or indirectly refer any legal matter or civil or criminal litigation to any particular lawyer or lawyers or directly or indirectly recommend or suggest to any person the employment of a particular lawyer or lawyers to counsel, conduct, defend, or prosecute any legal matter or litigation when such action would conflict with his duties as Public Defender. History: Added Feb. 20, 1973, No. 3392, § 1, Sess. L. 1972, p. 580.

(a) To aid the Superior Court in determining the ability or inability of a person accused of an offense under section 3503 of this title, to retain his own counsel before such person is referred to the Office of the Territorial Public Defender, he or his parent, guardian or custodian shall be required to complete, under oath, a detailed financial statement. Such financial statement shall contain a full disclosure of all assets, liabilities, current income, dependents and such other information as the court may require in order to determine whether such person should be provided legal assistance at public expense. (b) Whenever such person is granted legal assistance by the Territorial Public Defender, the financial statement required by this subchapter shall be filed in the court file of such person and shall be retained as a permanent part thereof. History: Added Feb. 20, 1973, No. 3392, § 1, Sess. L. 1972, p. 581; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Feb. 18, 1992, No. 5775, § 3, Sess. L. 1992, p. 28; amended Sept. 29, 2023, No. 8763, § 2, Sess. L. 2023, p. 110.

Any person who submits to a court a materially false financial statement for the purpose of obtaining legal assistance at public expense shall be guilty of a misdemeanor punishable by a fine of not more than $100 or by imprisonment for not more than thirty (30) days. History: Added Feb. 20, 1973, No. 3392, § 1, Sess. L. 1972, p. 581.

(a) There is established, the Office of Conflict Counsel ("Office"). The Office is established within the judicial branch of the Government of the Virgin Islands for the purpose of representing indigent criminal defendants in cases where the Office of the Territorial Public Defender has a conflict of interest. The Office is under the supervision of The Judiciary of the Virgin Islands Standing Committee on Indigent Appointments ("Committee") for administrative purposes only. (b) For purposes of this chapter, the existence of a conflict of interest is governed by the Virgin Islands Rules of Professional Conduct. History: Added Dec. 31, 2024, No. 8960, § 1(c), Sess. L. 2024, p. -.

(a) The Committee shall hire a Chief Conflict Counsel who is licensed to practice law in the Virgin Islands. The Chief Conflict Counsel is responsible for administering the Office. The Office must be staffed with attorneys, licensed to practice law in the Virgin Islands, and secretarial, investigative, clerical, and other personnel as necessary to discharge the duties of the Office. To ensure the stability and continuity of the Office, no employee of the Office, hired prior to December 2024, shall be subject to dismissal or alteration of compensation by the Committee except for cause. The Committee shall determine the compensation of all employees of the Office. The Committee, upon recommendation of the Chief Conflict Counsel, shall hire and terminate all employees. If the Committee lacks sufficient members to constitute a quorum, the Administrator of Courts shall hire and terminate all employees, including the Chief Conflict Counsel. (b) The general personnel policies applicable to the judicial branch of the Virgin Islands is applicable to the Office, except when the Committee elects to adopt different policies. History: Added Dec. 31, 2024, No. 8960, § 1(c), Sess. L. 2024, p. -.

(a) The Office may contract with private attorneys or law firms to provide representation to clients to which the Office has been appointed, and with investigators or investigative firms for the provision of investigative services. (b) The Office shall only contract with attorneys licensed to practice law in the Virgin Islands and all investigators, law firms, and investigative firms must be licensed to conduct business in the Virgin Islands. All contracts must be in writing, must specify the manner of compensation, the number or type of cases to be undertaken, and limitations, if any, on the services to be provided. The compensation paid to private attorneys contracted by the Office must be the same as provided to court-appointed counsel as provided for under 5 V.I.C. § 3503 (b). History: Added Dec. 31, 2024, No. 8960, § 1(c), Sess. L. 2024, p. -.

(a) The Office shall provide legal representation only in cases where a court has determined that the Office of the Territorial Public Defender has a conflict. (b) The Office shall represent clients consistent with the requirements of 5 V.I.C. § 3524 (a). (c) The Chief Conflict Counsel and attorneys employed by the Office may not engage in the practice of law other than for the Office. History: Added Dec. 31, 2024, No. 8960, § 1(c), Sess. L. 2024, p. -.

(a) If a conflict of interest exists, the Office may request withdrawal from the case in accordance with the procedure and limitations set forth in 5 V.I.C. § 3524 (c). (b) If the Office of the Territorial Public Defender and the Office of Conflict Counsel have both been granted permission to withdraw from a case due to a conflict of interest, the court shall appoint other counsel to represent the defendant at every stage of the proceedings and may appoint counsel from a panel of private attorneys in accordance with 5 V.I.C. § 3503 (a). History: Added Dec. 31, 2024, No. 8960, § 1(c), Sess. L. 2024, p. -.

(a) The Judicial Branch Administrative Office shall establish one or more separate accounts for the deposit of funds allotted to the Office of Conflict Counsel. The funds shall be expended exclusively for the operating expenses of the Office, as authorized by the Committee. The funds shall remain available until expended. (b) Not later than March 30 of each year, the Office of Conflict Counsel shall submit to the Chief Justice and the Administrator of Courts, the Office's proposed budget for the following fiscal year, which must be included in the proposed annual budget for the judicial branch of the Virgin Islands. History: Added Dec. 31, 2024, No. 8960, § 1(c), Sess. L. 2024, p. -.

(a) A criminal action shall be commenced within the following periods: (1) For murder, felony child abuse, felony child neglect, any felony sexual offense perpetrated against a victim, human trafficking, embezzlement of public moneys, and the falsification of public records, there is no limitation of the time within which a prosecution shall be commenced. (2) For any felony other than specified above, action shall be commenced within three years after its commission. (3) For any misdemeanor, action shall be commenced within one year after its commission. (b) If the defendant is out of the Virgin Islands when the offense is committed, the information may be filed within the term herein limited after his coming within the Virgin Islands, and no time during which the defendant is not an inhabitant of, or usually resident within, the Virgin Islands is a part of the limitation. (c) Nothing in this section extends to persons fleeing from justice. History: Amended Feb. 20, 2002, No. 6497, § 3, Sess. L. 2002, p. 5; amended July 9, 2018, No. 8059, § 2, Sess. L. 2018, p. 114; amended Dec. 31, 2024, No. 8976, § 1(r), Sess. L. 2024, p. -.

(a) A peace officer is any inspector employed by the Taxicab Commission, marshal, deputy marshal, qualified probation officer of the Superior Court and Waste Management Authority Enforcement Officers, enforcement officer or Commissioner of the Department of Planning and Natural Resources, Corrections Officer, the Director of the Fire Services, fire marshal, fire inspector, deputy fire inspectors I, II, and III, investigator of the Department of Justice, as designated by the Attorney General, enforcement officer of the Department of Licensing and Consumer Affairs, Chief and Assistant Chief of Security, security officers and Sergeant-of-Arms of the Legislature of the Virgin Islands while on duty, Executive Security Officers of the Virgin Islands Police Department assigned to the Office of the Governor and Lieutenant Governor, special agent within the Criminal Investigation Division of the Bureau of Internal Revenue and enforcement officer within the Treasury Division of the Department of Finance, enforcement officer of the Virgin Islands Port Authority, health inspectors of the Virgin Islands Department of Health, health inspectors of the Virgin Islands Department of Health include inspectors and regulatory enforcement officials of the OCR, qualified security officers of the University of the Virgin Islands, Internal Affairs Agent of the Bureau of Corrections, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, Virgin Islands Housing Authority Police Force, enforcement officers of the Virgin Islands Lottery, executive Director of the Peace Officers Standards and Training and investigators, enforcement officers of the Governor Juan F. Luis and Roy L. Schneider Hospitals, enforcement officer of the Virgin Islands Housing Authority and the Police Department or member of the police force. A warrant to arrest shall be directed to and executed by such officers. (b) In order to qualify for and maintain status as a peace officer for executing arrest warrants and making arrests under this subchapter, each individual shall meet the minimum requirements set forth by the Peace Officer Standards and Training Council pursuant to title 23 Virgin Islands Code, Chapter 16, and successfully completes the academic training. History: Amended Sept. 26, 1980, No. 4477, Sess. L. 1980, p. 152; May 8, 1981, No. 4539, Sess. L. 1981, p. 36; Oct. 20, 1981, No. 4646, § 3, Sess. L. 1981, p. 256; Feb. 1, 1985, No. 5040, § 1, Sess. L. 1984, p. 463; Nov. 13, 1986, No. 5217, § 1, Sess. L. 1986, p. 332; June 6, 1988, No. 5341, § 6, Sess. L. 1988, p. 164; May 2, 1994, No. 5970, §§ 3, 5, Sess. L. 1994, p. 51, 52; Aug. 22, 1995, No. 6075, § 7(a), Sess. L. 1995, p. 197; March 29, 1996, No. 6102, § 4, Sess. L. 1996, p. 40; June 5, 2001, No. 6411, § 2, Sess. L. 2001, p. 32; Feb. 21, 2002, No. 6503, § 39, Sess. L. 2002, p. 277; June 7, 2004, No. 6675, § 23, Sess. L. 2004, p. 47; amended Oct. 23, 2013, No. 7563, § 1, Sess. L. 2013, p. 201; amended Oct. 23, 2013, No. 7564, § 1, Sess. L. 2013, p. 203; amended Jan. 29, 2018, No. 8027, § 2, Sess. L. 2017, p. 122; amended Jan. 18, 2023, No. 8680, § 4, Sess. L. 2022, p. 366.

A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person- (1) for a public offense committed or attempted in his presence; (2) when a person has committed a felony, although not in his presence; (3) when a felony has in fact been committed and he has reasonable cause for believing the person to have committed it; (4) on a charge made, upon a reasonable cause, of the commission of a felony by the party; or (5) at night, when there is reasonable cause to believe that he has committed a felony.

A private person may arrest another - (1) for a public offense committed or attempted in his presence; (2) when the person arrested has committed a felony, although not in his presence; or (3) when a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.

A judge may orally order a peace officer or private person to arrest anyone committing or attempting to commit a public offense in the presence of such judge.

(a) An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest is made by actual restraint of the person of the defendant or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention. (b) If the offense charged is a felony, the arrest may be made on any day, and at any time of day or night. If it is a misdemeanor, the arrest cannot be made at night, unless the warrant so directs. (c) The person making an arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or is pursued immediately after its commission, or after an escape. (d) Any person making an arrest may take from the person arrested all dangerous weapons which he may have about his person; and must deliver them to the judge before whom he is taken.

(a) When the arrest is being made by an officer under the authority of a warrant, after information of the intention to make the arrest, if the person to be arrested either flees or forcibly resists, the officer may use all necessary means to effect the arrest. (b) To make an arrest, a private person if the offense is a felony, and a peace officer in all cases, may break open the door or window of a house, after having demanded admittance and explained the purpose for which admittance is desired, if the person to be arrested is in such house or if the person making the arrest has reasonable grounds for believing him to be therein. (c) Any person who has lawfully entered a house for the purpose of making an arrest may break open the door or window thereof if detained therein, when necessary for the purpose of liberating himself. An officer may do the same, when necessary for the purpose of liberating a person who, acting in his aid, lawfully entered for the purpose of making an arrest, and is detained therein. (d) If a person arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him at any time and in any place within the Virgin Islands. To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwelling house, if after notice of his intention he is refused admittance. (e) Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.

When an officer is making an arrest or has advised a suspect of the officer's intent to make an arrest, if the suspect flees by motor vehicle, the officer may not discharge a firearm at the moving vehicle except in cases when: (1) the suspect is immediately threatening the officer or another person with deadly force by means other than the vehicle; or (2) the vehicle is intentionally being used as a deadly weapon and all other reasonable means of defense have been exhausted or are not present, or practical. History: Added Dec. 31, 2024, No. 8976, § 1(t), Sess. L. 2024, p. -.

An appearance ticket is a written notice issued and subscribed by a peace officer authorized to issue an appearance ticket, directing a designated person to appear in the Superior Court of the Virgin Islands at a future date in connection with his alleged commission of a misdemeanor offense. A notice conforming to this definition constitutes an appearance ticket regardless of whether it is referred to in some other provision of law as a summons or by any other name or title. History: Added Nov. 23, 2004, No. 6699, § 1, Sess. L. 2004, p. 238.

(a) Peace officers designated in title 5 Virgin Islands Code section 3561 may issue appearance tickets for misdemeanor offenses committed or attempted in their presence. (b) Peace officers authorized pursuant to title 5 Virgin Islands Code section 3562 to arrest a person without a warrant for a misdemeanor offense may issue to and promptly serve upon the person an appearance ticket. History: Added Nov. 23, 2004, No. 6699, § 1, Sess. L. 2004, p. 239.

(a) An appearance ticket must be made returnable in the Superior Court of the Virgin Islands. (b) An appearance ticket must be served personally at the time the offense is committed or attempted to be committed. History: Added Nov. 23, 2004, No. 6699, § 1, Sess. L. 2004, p. 239.

Dismissal of Insufficient Complaint (a) At or before the time the appearance ticket is returnable, the Attorney General shall file with the Superior Court of the Virgin Islands a complaint charging the person named in the appearance ticket with the offense specified therein, consistent with Superior Court Rule 123(a)(5), relating to the filing of complaints. (b) If the complaint is not sufficient on its face, as prescribed in Superior Court Rules 121, relating to the form of complaints and notices in lieu of complaint, and 123(a)(5), and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file a complaint that is sufficient on its face, the court shall dismiss the complaint. (c) If the court finds that the complaint is sufficient on its face, as prescribed by Superior Court Rules 121 and 123(a)(5), then the court shall proceed in accordance with Superior Court Rules 123(b) and the other relevant Rules of Part IV, Superior Court Rules, Procedure in the Criminal Division. History: Added Nov. 23, 2004, No. 6699, § 1, Sess. L. 2004, p. 239.

If after the service of an appearance ticket and the filing of the complaint charging the offense designated therein, the defendant does not appear in the Superior Court at the time the appearance ticket is returnable, the court may issue a summons or a warrant of arrest based on the complaint. No warrant of arrest may be issued unless the defendant has failed to appear in court as required by the terms of the appearance ticket or by the court. History: Added Nov. 23, 2004, No. 6699, § 1, Sess. L. 2004, p. 239.

Upon the arraignment of a defendant who has not been arrested and whose court appearance has been secured by the issuance and service of an appearance ticket, the court must direct that the defendant be fingerprinted by the appropriate police officer or agency and that he appear at the appropriate designated time and place for that purpose. History: Added Nov. 23, 2004, No. 6699, § 1, Sess. L. 2004, p. 240.

(a) Every felony and every criminal action in the district court shall be prosecuted by information. (b) Except in cases where the United States attorney has requested commitment to the district court upon a preliminary hearing under section 73 of Title 4, an information need not be filed in actions within the jurisdiction of the Superior Court which are transferred to the district court, upon appeal or otherwise. Such cases shall be tried on the original complaint and warrant. History: Amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

Under section 26 of the Revised Organic Act, approved July 22, 1954, in any criminal case originating in the district court, no person shall be denied the right to trial by jury if he demands it. If no jury is demanded the case shall be tried by the judge of the district court without a jury, except that the judge may, on his own motion, order a jury for the trial of any criminal action.

The trial jury in criminal actions shall consist of twelve persons, unless the parties consent to a lesser number, except as provided in Title 4, section 40 of this Code. The trial jury shall be drawn by lot by the clerk from a trial jury box containing the names of those who have been summoned and excused as jurors under chapter 29 of Title 4. History: Amended Aug. 4, 1978, No. 4174, § 1, Sess. L. 1978, p. 170.

(a) In criminal actions the parties shall be entitled to peremptory challenges to the extent authorized by Rule 24(b) of the Federal Rules of Criminal Procedure. (b) All challenges for cause or favor, whether to the array or panel or to individual jurors, shall be determined by the court.

As soon as the trial jury in a criminal action has been selected, an oath or affirmation shall be administered to the jurors to the effect that they and each of them will well and truly try the matter in issue, and a true verdict given according to the law and the evidence.

After the jury is impaneled and sworn, the trial shall proceed in the following order: (1) the United States attorney may state the case of the prosecution, and may briefly state the evidence by which he expects to sustain it; (2) the defendant, or his counsel, may then state his defense, and may briefly state the evidence he expects to offer in support of it; (3) the United States attorney shall produce evidence; and the defendant shall then produce his evidence; (4) the United States attorney shall then be confined to rebutting evidence, unless the court, for good reasons, in furtherance of justice, permits him to offer evidence in chief; (5) when the evidence is concluded, unless the case is submitted without argument, the United States attorney shall commence, the defendant or his counsel follow, and the United States attorney conclude, the argument to the jury; (6) after the arguments are completed, the court shall instruct the jury.

The provisions of sections 353 and 354 of this title shall apply in criminal actions as well as in civil actions.

The court may discharge a jury without prejudice to the prosecution in case of accident or calamity, or because there is no probability of the jurors agreeing, and the reason for the discharge shall be entered in the minutes.

(a) All questions of law, including the admissibility of testimony, the facts preliminary to such admission, and the construction of statutes and other writings, and other rules of evidence, shall be decided by the court, and all discussions of law addressed to it. Whenever the knowledge of the court is made evidence of a fact, the court shall declare such knowledge to the jury, who are bound to accept it as conclusive. (b) Although the jury has the power to find a general verdict, which includes questions of law as well as fact, they are bound, nevertheless, to receive as law what is laid down as such by the court; but all questions of fact other than those mentioned in subsection (a) of this section shall be decided by the jury, and all evidence thereon addressed to them.

When it appears that the defendant has committed a crime, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of those degrees only.

When an information charges an offense against property by larceny, embezzlement, or obtaining by false pretenses, the jury, on conviction, shall ascertain and declare in the verdict the value of the property stolen, embezzled, or falsely obtained.

(a) If the defense is the mental illness of the defendant, the jury shall be instructed, if they find him not guilty on that ground, to state that fact in their verdict, and the court shall thereupon commit the defendant to a forensic unit for custody, care and treatment from which he shall not be discharged until the court is satisfied that he has regained his capacity for judgment, discretion and control of the conduct of his affairs and social relations. If no forensic unit exists in the Territory, the defendant shall remain in the custody of the Bureau of Corrections to be treated by the appropriate physicians until the necessary arrangements to transfer the defendant to a forensic unit outside of the territory. (b) Where any person has been confined in a forensic unit pursuant to the provisions of subsection (a) of this section or otherwise in accordance with law, and the superintendent or head of such forensic unit certifies (1) that such person has regained his capacity for judgment, discretion and control of the conduct of his affairs and social relations, (2) that, in the opinion of the superintendent or head, such person will not in the reasonable future be dangerous to himself or others, and (3) in the opinion of the superintendent or head, the person is entitled to discharge from the forensic unit, and such certificate is filed with the clerk of the court in which the person was tried, and a copy thereof served on the United States attorney, such certificate shall be sufficient to authorize the court to order the discharge of the person so confined from further hospitalization; but the court in its discretion may, or upon objection of the United States attorney shall, after due notice, hold a hearing at which evidence as to mental condition of the person so confined may be submitted, including the testimony of one or more psychiatrists from said forensic unit. Evidence may be submitted upon deposition or interrogatories in the case of any forensic unit located more than 100 miles from the Virgin Islands. The court shall weigh the evidence and, if the court finds that such person has regained his capacity for judgment, discretion and control of the conduct of his affairs and social relations and will not in the reasonable future be dangerous to himself or others, the court shall order such person discharged from further confinement in said forensic unit. If the court does not so find, the court shall order such person returned to said forensic unit. (c) Where, in the judgment of the superintendent or head of such forensic unit a person confined pursuant to the provisions of subsection (a) of this section, is not in such condition as to warrant his discharge, but is in a good condition to be conditionally released under supervision, and such certificate is filed and served in the same manner as provided in the preceding section, such certificate shall be sufficient to authorize the court to order the release of such person under such conditions as the court shall see fit. Provided, that the provisions of the preceding subsection as to hearing prior to discharge shall also apply to conditional releases, and, if, after a hearing and weighing the evidence, the court shall find the condition of such person warrants his conditional release, the court shall order his release under such conditions as the court shall see fit, or, if the court does not so find, the court shall order such person returned to such forensic unit. And provided, further, that in the case of a person confined to an forensic unit outside the Virgin Islands the order of conditional release shall include a provision that such conditional release under supervision shall be effected in the place in which the person was tried and within the jurisdiction of the court. History: Amended Apr. 1, 1964, No. 1129, §§ 1-3, Sess. L. 1964, p. 82, 83; Feb. 1, 2001, No. 6391, §§ 3(h) (1), 3(h)(2), Sess. L. 2000, p. 571; Mar. 5, 2005, No. 6730, § 28, Sess. L. 2005, p. 106.

When the testimony, for either the government or the defendant, of a material witness who is in custody within the Virgin Islands is desired, the court in its discretion may, upon the application of either the government or the defendant, issue an order for his temporary removal from the place where he is in custody, and for his production before the court. The order may be executed by the marshal or any of his deputies, or any member of the police force, and it shall be his duty to bring such person before the court and when his presence is no longer required as a witness to deliver such person back to the officer from whose custody the witness was received.

(a) When a judgment of conviction in a criminal action has been entered, the clerk shall forthwith furnish to the marshal a certified copy of the original judgment, and no other warrant or authority is necessary to justify its execution. Upon the expiration of any stay of execution to which the defendant may be entitled, the marshal shall execute the judgment forthwith. (b) If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant shall be committed to the custody of the proper officer, and by him detained until the judgment is complied with. The marshal shall take and deliver the defendant to the authorized representative of the Commissioner of Public Safety or of the Attorney General of the United States, as the case may be. He shall also deliver to such representative the certified copy of the judgment, and take from the representative a receipt for the body of the defendant. (c) If the judgment imposes a fine or penalty, whether alone or with any other kind of punishment, the judgment, so far as the fine or penalty is concerned, may be enforced by execution against the property of the defendant in like manner as judgments in civil actions. If the judgment directs imprisonment until the fine is paid, the issue of execution on the judgment shall not discharge the defendant from imprisonment until the amount of the judgment is paid.

(a) A judgment imposing a sentence of imprisonment shall specify whether the sentence is to be served concurrently with or consecutively to any other sentence imposed at the same time or prior thereto. If the sentences are to be served consecutively, the judgment shall specify when each sentence is to begin with reference to the termination of any other sentence. (b) Unless the judgment specifically postpones the commencement of a sentence pursuant to subsection (a) of this section, such sentence shall commence to run on the date fixed in section 3673 of this title.

Except as provided in section 3672 of this title and Rule 38 of the Federal Rules of Criminal Procedure, the sentence of imprisonment of any person convicted of an offense in the district court or Superior Court of the Virgin Islands shall commence to run from the date on which he is received at the penitentiary, reformatory, or jail for service of the sentence. If he is committed to a jail or other place of detention to await transportation to the place at which his sentence is to be served, his sentence shall commence to run from the date on which he is received at the jail or other place of detention. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

Whenever a person is accused of an offense and bail is allowed and fixed pending trial, but by reason of poverty, he is unable to secure bondsmen and is therefore held in custody while awaiting trial, and is thereafter sentenced to a term of imprisonment, his term of imprisonment shall be reduced by the time already spent in custody from the time of the arrest to the time when sentence is rendered.

(a) A judgment that the defendant pay a fine, or a fine and costs, may also direct that he be imprisoned until the same is satisfied, specifying the extent of imprisonment which shall not exceed one day for each two dollars of the fine, or fine and costs. In no event shall the extent of such imprisonment exceed six months. (b) When an indigent prisoner, sentenced under subsection (a) of this section to pay a fine, or a fine and costs, with or without imprisonment, has been confined in prison thirty days, solely for the nonpayment of the fine, or fine and costs, he may make application in writing to the Board of Parole, setting forth his inability to pay the fine, or fine and costs. If after such investigation as the Board of Parole deems necessary in each case and on examination of the reasons set forth in said application and evidence which may be offered in support of and against the same it appears to the Board of Parole that such convict is unable to pay such fine, or fine and costs, and that he has not any property exceeding thirty dollars in value except such as is by law exempt from being taken on execution for debt, the Chairman or Acting Chairman shall administer to him the following oath: "I do solemnly swear that I have not any property real or personal, to the amount of thirty dollars, except such as is by law exempt from being taken in civil precept for debt by the laws of the Virgin Islands; and that I have no property in any way conveyed or concealed or disposed of for my future use or benefit. So help me God". Thereupon the Board of Parole shall make recommendations to the Governor regarding the pardon or parole of such convict. This subsection shall not apply to persons convicted of a previous felony or of more than 3 misdemeanors within the preceding 5 years.

(a) When the defendant in the Superior Court is found not guilty he shall be immediately discharged and if it appear to the judge that the prosecution was malicious or without probable cause he shall cause an entry to such effect to be made in the minutes of the court. (b) Upon making the entry prescribed in subsection (a) of this section, the court may give judgment against the person making the complaint for the costs and disbursements of the action, and require him to pay the same or give satisfactory security therefor, by a written undertaking, with one or more sureties to be approved by the judge, and to pay the same to the court, within thirty days from the date of such judgment. (c) The judgment for costs and disbursements referred to in subsection (b) of this section may be enforced against the person making the complaint if he does not pay the same or give the required security therefor, in all respects as a judgment for costs in a civil action; but if he gives the required security therefor, the judgment may be enforced at the expiration of the thirty days, against the person making the complaint and his sureties in the undertaking in all respects as a judgment for money in civil action. History: Amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

(a) This section may be cited as "Jah'niqua's Law". (b) As used in this section: (1) "Disabled" means a legal disability measured by functional inabilities in a person 17 years of age or older including inabilities caused by psychological, psychiatric, or stress-related trauma to the extent that the person lacks the capacity to provide for his physical health and safety or the physical health and safety of a minor child, including providing health care, food, shelter, clothing, and performing personal hygiene; (2) "Totally and permanently disabled" means the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of not less than 12 months, including a person who qualifies for Social Security Administration benefits upon a finding that the person is permanently and totally disabled. (3) "Disabled victim" means a person who becomes disabled or totally and permanently disabled as a result of an accident caused by another person who has been convicted of a violation of 20 V.I.C. § 493. (4) "Dependent with disabilities" means a person who, due to a medically documented physical or mental condition, is substantially limited in one or more major life activities and is unable to live independently or provide for their own care or support. (c) The court shall order a defendant convicted of a violation of 20 V.I.C. § 504 who was under the influence of or affected by intoxicating liquor or narcotic drugs; or convicted of a violation of 20 V.I.C. § 493, which results in an accident that causes the victim to become disabled or totally and permanently disabled; to pay child maintenance if the victim was the parent or guardian of a minor child or dependent. The court shall order the defendant to pay child maintenance until the child or dependent reaches: (1) 18 years of age; or (2) 19 years of age if the child or dependent is still enrolled in high school. (3) If the minor child or dependent is determined by the court to be a dependent with disabilities and incapable of self-support beyond the age of 19, the court may order child maintenance payments continue for the duration of the disability or for such time as the court finds reasonable and necessary. In making its determination, the court shall consider medical documentation, the extent of the disability, the dependent's living arrangements, and the availability of public or private assistance. (d) In determining an amount that is reasonable and necessary for child maintenance, the court shall consider all relevant factors, including the: (1) financial needs and resources of the child or dependent; (2) financial resources and needs of the disabled victim or the surviving parent or guardian, as applicable; (3) standard of living to which the child or dependent is accustomed; (4) physical and emotional condition of the child or dependent and the child's or dependent's educational needs; (5) child's or dependent's physical and legal custody arrangements; and (6) reasonable childcare expenses of the disabled victim or the surviving parent or guardian, as applicable. (e) The court shall order that the payments be made to the clerk of court as trustee for remittance to the disabled victim or the surviving parent or guardian, as applicable. The clerk shall deposit all payments no later than the next working day after receipt. The clerk shall remit the payments to the disabled victim or the surviving parent or guardian not later than three working days of receipt. (f) If a defendant who has been ordered to pay child maintenance is incarcerated and unable to pay, the defendant has not more than one year after the release from incarceration to begin payments, including entering into a payment plan with the clerk of the court to pay any arrearage. (g) If a defendant's child maintenance payments are set to terminate but the defendant's obligation is not paid in full, the child maintenance payments continue until the entire arrearage is paid. (h) (1) If the disabled victim or the surviving parent or guardian of the child or dependent brings a civil action against the defendant before the court enters an order for child maintenance and the disabled victim or the surviving parent or guardian obtains a judgment and full satisfaction of damages in the civil suit, the court may not enter a child maintenance order. (2) If the court orders the defendant to pay child maintenance and the disabled victim or the surviving parent or guardian subsequently brings a civil action and obtains a judgment, the child maintenance order must be offset by the amount of the judgment awarded and paid by the defendant or the defendant's insurance." History: Added Sept. 17, 2025, No. 9012, § 1, Sess. L. 2025, p. -.

(a) Judgment of conviction. Upon entering a judgment of conviction of any offense against the laws of the Virgin Islands not punishable by life imprisonment, the district court or a Superior Court, when satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may suspend the imposition or execution of sentence and place the defendant on probation for such period and upon such terms and conditions as the court deems best. Upon entering a judgment of conviction of any offense against the laws of the Virgin Islands not punishable by life imprisonment, if the maximum punishment provided for such offense is more than six months, the district court or a Superior Court, when satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may impose a sentence in excess of six months and provide that the defendant be confined in a jail-type institution or a treatment institution for a period not exceeding six months and that the execution of the remainder of the sentence be suspended and the defendant placed on probation for such period and upon such terms and conditions as the court deems best. Probation may be granted whether the offense is punishable by fine or imprisonment or both. If an offense is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one or more counts or informations, but, in the absence of express limitation, shall extend to the entire sentence and judgment. The court may revoke or modify any condition of probation, or may change the period of probation. The period of probation, together with any extension thereof, shall not exceed five years. While on probation and among the conditions thereof, the defendant- May be required to pay a fine in one or several sums; and May be required to make restitution or reparation to aggrieved parties for actual damages or loss caused by the offense for which conviction was had; and May be required to provide for the support of any persons, for whose support he is legally responsible. The defendant's liability for any fine or other punishment imposed as to which probation is granted, shall be fully discharged by the fulfillment of the terms and conditions of probation. (b) Probation after conviction. In the event a defendant placed on probation after conviction of any offense under the laws of the Virgin Islands, is convicted of a crime of violence, as defined in Title 23, section 451(g) of the code, the court shall forthwith revoke such probation, rescind the order suspending execution of the underlying sentence and direct the incarceration of such defendant for the full term of such sentence without credit for time spent on probation. (c) Probation without conviction. (1) Upon finding of guilty or upon receipt of a verdict of guilty or plea of guilty wherein the alleged offense did not result in the personal injury or death of any person and where no deadly weapon was used in perpetrating the crime, the court may, without entering a judgment of guilty or accepting the plea and with the consent of the defendant, defer further proceedings and place the defendant on probation upon such terms and conditions as it may require; Provided, the accused has never been convicted of a misdemeanor or felony in this jurisdiction or under the laws of the United States, any state or territory thereof, or foreign jurisdiction. Upon fulfillment of the terms of probation the defendant shall be discharged without court adjudication of guilt, and an order shall be entered expunging the finding, verdict or plea of guilty and all records as defined in chapter 314chapter 314his title as the case may be. Upon violation of the terms of probation the court may enter an adjudication of guilt and proceed to impose a fine or imprisonment, or both as provided by law. (2) A defendant sentenced under this subsection may also be ordered to make restitution to the victim of the crime, for any money or property loss or compensation for actual monetary damages directly resulting from the crime, either as a condition of probation or as an order joined with the sentence. If restitution is not paid as ordered, a civil judgment may be entered for the unpaid amount. (d) A defendant sentenced pursuant to this section, and any defendant supervised pursuant to the Interstate Compact Act relating to Probation and Parole, shall pay an administrative fee for probationary services in the amount of $500.00. History: Amended June 2, 1959, No. 424; Oct. 20, 1972, No. 3313, Sess. L. 1972, p. 459; Mar. 29, 1974, No. 3549, Sess. L. 1974, p. 76; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Sept. 28, 2001, No. 6463, § 27(a)(1), Sess. L. 2001, p. 275; Nov. 25, 2009, No. 7136, § 2, Sess. L. 2009, p. 272; amended May 3, 2013, No. 7474, § 1, Sess. L. 2013, p. 4.

(a) Upon a conviction of any offense against the laws of the Virgin Islands, not punishable by life imprisonment, if the defendant so convicted has not yet reached 21 years of age, and if the defendant so convicted has not previously been convicted under the laws of the Virgin Islands, the United States or a state or territory thereof, or any other jurisdiction, of an offense which would be a felony in the Virgin Islands or a misdemeanor in the Virgin Islands punishable by 6 months or more imprisonment, the court may, with the consent of the defendant and the Government of the Virgin Islands (represented by either the United States Attorney or Attorney General of the Virgin Islands), impose a sentence of not less than 2 years and 1 month, providing that the defendant shall be incarcerated for not more than one month, the execution of the remainder thereof shall be suspended and the defendant be placed on probation for not less than the remainder under such terms and conditions as the court shall set. (b) A sentence shall be imposed pursuant to this section only after the court files, as part of the public record of the case, written findings of fact which shall include, but are not limited to: (1) the age of the defendant; (2) the past conduct of the defendant, if any; (3) pre-sentence investigation report; (4) the suitability of the defendant as a subject for rehabilitation; and (5) such other findings as may be recommended by the defendant or Government of the Virgin Islands. (c) The order of the court suspending execution of the sentence imposed pursuant to this section shall set forth the conditions of such suspension which may be modified or revoked for cause at any time and the court shall retain jurisdiction of the cause until final disposition under the provisions of subsection (d) hereof. (d) Five years from the date on which a defendant is discharged after compliance with the terms and conditions of probation imposed pursuant to this section, the court upon motion by the defendant, shall issue to the Government of the Virgin Islands, a notice to show cause, answerable within 10 days, why the record of defendant's conviction and sentence should not be expunged. Unless it is shown that since receiving his sentence under this section, the defendant has been convicted of an offense under the laws of the Virgin Islands, the United States, or a state or territory thereof, or any other jurisdiction, punishable by six months or more imprisonment, or unless other good cause is shown, the court shall order that such records be expunged. (e) Expungement under subsection (d) hereof shall operate as an absolute obliteration of the fact and record of the conviction expunged, and shall entitle the individual in question, in all instances in which he is requested or required to divulge criminal convictions, to state unequivocally that no such conviction has occurred. (f) A defendant sentenced pursuant to this section shall pay an administrative fee for probationary services in the amount of $200.00. History: Added Oct. 25, 1972, No. 3319, § 2, Sess. L. 1972, p. 463; Sept. 28, 2001, No. 6463, § 27(a)(2), Sess. L. 2001, p. 275.

When directed by the court, the probation officer shall report to the court, with a statement of the conduct of the probationer while on probation. The court may thereupon discharge the probationer from further supervision and may terminate the proceedings against him, or may extend the period of probation, as shall seem advisable. At any time within the probation period, the probation officer may for cause arrest the probationer wherever found, without a warrant. At any time within the probation period, or within the maximum probation period permitted by section 3711 of this title, the court may issue a warrant for his arrest for violation of probation occurring during the probation period. The warrant may be executed by the probation officer or by any officer authorized to execute a warrant of arrest. As speedily as possible after arrest the probationer shall be taken before the court. Thereupon the court may revoke the probation and require him to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed.

If a person is convicted of a crime and is otherwise eligible, the court, by order, may withhold sentence or impose sentence and stay its execution, and in either case place the person on probation for a stated period, stating in the order the reasons therefor, and may impose any conditions of the probation which appear to be reasonable and appropriate to the court. If the court places the person on probation, the court shall require restitution designed to compensate the victim's pecuniary loss resulting from the crime to the extent possible, unless the court finds there is substantial reason not to order restitution as a condition of probation. If the court does not require restitution to be paid to a victim, the court shall state its reason on the record. The court may require that restitution be paid to an insurer or surety or government entity which has paid any claims or benefits to or on behalf of the victim. If the court does require restitution, it shall specify the amount. If the court does require restitution, it shall require the person or defendant to pay a surcharge equal to 5 percent of the amount of restitution to the clerk of the court for administrative expenses under this section. History: Added Apr. 2, 1982, No. 4693, § 2, Sess. L. 1982, p. 55.

For purposes of this chapter (1) "Court" means the Superior Court of the Virgin Islands. (2) "Confidential Records" means records that are kept by the Superior Court of the Virgin Islands, the Department of Justice and the Virgin Islands Police Department after an expungement. (3) "Crime" or "offense" means as an act committed or omitted in violation of a law of the Virgin Islands and punishable by either imprisonment, or fine, or removal from office, or disqualification to hold and enjoy any office of honor, trust, or profit. (4) "Expungement" means the sealing, of criminal records within any court, correctional facility, police department or other law enforcement agency, concerning a person's arrest, detention, apprehension, trial or disposition of an offense within the criminal justice system. (5) "Marijuana-related crime" or "Marijuana-related offense" means a crime as defined in this section which was committed before the enactment of The Virgin Islands Adult Use Cannabis Act and involved the manufacture, distribution, or dispensing, possession or possession with intent to manufacture, distribute, or dispense marijuana in violation of title 19 V.I.C. §§ 604, 604(a), 607, 607(a), 608, 608a, 608b, 609, 611, or 630 and punishable as a misdemeanor or a felony. For purposes of this definition "marijuana" has the same meaning as that defined in title 19 V.I.C. § 593(19) (6) "Records" include all arrest records, complaints, warrants, summons, commitments, processing records, photographs, judicial docket records, fingerprints and the collection of DNA samples. History: Added Nov. 25, 2009, No. 7136, § 1, Sess. L. 2009, p. 269; amended Jan. 18, 2023, No. 8679, § 1(a), Sess. L. 2022, p. 298.

Prosecution The arrest record, including fingerprints, mugshots and DNA samples, and any other police or judicial proceeding records of a person must be expunged upon petition to the Superior Court of the Virgin Islands when: (1) A person successfully completes the Pretrial Intervention Program under title 5 V.I.C., Section 4611 et seq.; (2) A person has received a statement of Nolle Prosequi, because the People are unable to meet their burden of proof; (3) A person whose case has been dismissed with prejudice and the person has no other charges or arrest pending; or (4) A person has been arrested, and no complaint or information has been filed and the statute of limitation has expired. History: Added Nov. 25, 2009, No. 7136, § 1, Sess. L. 2009, pp. 269, 270; amended July 30, 2015, No. 7742, § 2, Sess. L. 2015, p. 33; amended Jan. 18, 2023, No. 8679, § 1(b), Sess. L. 2022, p. 299.

When the court finds no probable cause, the court shall simultaneously enter an order expunging the arrest record, including fingerprints, mugshots, DNA samples, and any other police or judicial proceeding records of a person. History: Added Apr. 11, 2024, No. 8819, § 1, Sess. L. 2024, p. -.

(a) The records of an arrest, a criminal complaint or an information that does not result in a conviction must be expunged upon Petition to the Court: (1) Where the case has been dismissed without prejudice and the statute of limitation has expired. (2) Where there is a statement of Nolle Prosequi, and the People have not filed an information or complaint and the statute of limitation has expired. (b) The records of an arrest, a complaint or an information that does not result in a conviction may be expunged by petition to the court except: (1) Where a person flees the jurisdiction to avoid prosecution; or (2) Where a person has a subsequent arrest, unless there are extraordinary circumstances to which the court finds expungement in the best interest of public policy. (c) Upon the acquittal of an accused or when a criminal complaint or information has been dismissed with prejudice, the Court shall enter an order expunging the accused record of the arrest and the criminal complaint or information upon which the accused was tried or charged. History: Added Nov. 25, 2009, No. 7136, § 1, Sess. L. 2009, p. 270; amended July 30, 2015, No. 7742, § 2, Sess. L. 2015, p. 33; amended Sept. 17, 2025, No. 9013, § 1, Sess. L. 2025, p. -.

(a) The Court may expunge the record of a misdemeanor conviction of an individual, including finger prints, photographs, and DNA samples, and records of other police or judicial proceedings of the individual, upon the petition of the individual and subject to the provisions of this chapter and rules of the Court. Any person wishing to have his record of misdemeanor conviction expunged must petition the Court and send a copy of the Petition to the Department of Justice. (b) The Department of Justice has the burden of proving by clear and convincing evidence that a Petition for Expungement should not be granted. The Court shall grant the Petition for Expungement, if the Department of Justice fails to meet its burden. History: Added Nov. 25, 2009, No. 7136, § 1, Sess. L. 2009, p. 270; amended July 30, 2015, No. 7742, § 3, Sess. L. 2015, p. 33.

Convictions (a) The records of an arrest, a criminal complaint, conviction and other information that results in a conviction must be automatically expunged for marijuana-related crimes or offenses where the amount of marijuana seized as part of the crime or offense was not more than two ounces total weight. (b) The expungement under subsection (a) must be limited to marijuana-related crimes or offenses only, and may not be extended to any other crimes or offenses committed in conjunction with the marijuana- related crimes or offenses. Moreover, a conviction for a marijuana-related misdemeanor is already covered under the existing law. History: Added Jan. 18, 2023, No. 8679, § 1(c), Sess. L. 2022, p. 299.

(a) The Petition for expungement must include the following: (1) The name of the Petitioner; (2) The offense for which the Petitioner was arrested; and (3) A certified copy of the arrest, complaint or information. (b) The Petition must also include the following: (1) A copy of the Petitioner's criminal record; and (2) A sworn statement by the Petitioner that there are no charges pending against him. (c) The Petitioner shall serve the Department of Justice, which has 30 days to respond. If the Department of Justice objects to the expungement, the Superior Court of the Virgin Islands shall set the matter on for a hearing. If the Department of Justice elects not to file an opposition to the Petition for Expungement, or does not file a timely objection, the Court may grant the Petition for Expungement. (d) The Superior Court may schedule a hearing for expungement despite the lack of opposition or response from the Department of Justice, if the Petitioner is seeking to have more than one record of misdemeanor conviction expunged. History: Added Nov. 25, 2009, No. 7136, § 1, Sess. L. 2009, pp. 270, 271; amended July 30, 2015, No. 7742, § 4(a), (b), Sess. L. 2015, p. 33.

At the hearing for the Petition for Expungement the court shall consider the following: (a) Whether Petitioner is employed, in school or in the armed forces; and (b) For marijuana-related crimes or offenses, whether the individual would be charged with such a crime under 19 V.I.C., chapter 34 or any other law legalizing adult use marijuana. (c) Any other fact that the court may consider relevant to the proceeding. History: Added Nov. 25, 2009, No. 7136, § 1, Sess. L. 2009, p. 271; amended Jan. 18, 2023, No. 8679, § 1(d), Sess. L. 2022, p. 299.

(a) Waiting times are calculated from the day a person completes the jail term or probation term whichever is later. (b) Waiting times are as follows: (1) A person who serves between zero and 14 days in jail must wait 6 months before filing a Petition for Expungement of the conviction. (2) A person who serves between 14 days and 60 days must wait 1 year before filing a Petition for Expungement of the conviction. (3) A person who serves between 61 days and 180 days must wait 2 years before filing a Petition for Expungement of the conviction. (4) A person who serves between 181 and three hundred and sixty five 365 days must wait 5 years from before filing a Petition for Expungement of the conviction. History: Added Nov. 25, 2009, No. 7136, § 1, Sess. L. 2009, p. 271; amended July 30, 2015, No. 7742, § 5, Sess. L. 2015, p. 34.

Upon the issuance of an expungement order, the Petitioner shall be treated as not having been or arrested except for the keeping of confidentiality records. History: Added Nov. 25, 2009, No. 7136, § 1, Sess. L. 2009, p. 271.

Except as provided otherwise in subsection (c), the Superior Court may order the disclosure of the expunged conviction records to the following: (a) A court when preparing presentences, conducting jury selection, detention, or setting bail; and (b) an agency of the territorial or federal government that is considering the person for a position. (c) Expunged conviction records of marijuana-related crimes or offenses are not subject to disclosure under this section or any other law. History: Added Nov. 25, 2009, No. 7136, § 1, Sess. L. 2009, p. 271; amended Jan. 18, 2023, No. 8679, § 1(e)(1), (2), Sess. L. 2022, p. 299.

Upon entry of an Expungement Order, the Superior Court shall cause a certified copy of the order to be delivered to the Commissioner of Police who shall have 10 days after receipt to expunge the arrest record of the person whose name appear on the order and shall have ten additional days to notify the National Crime Information Center and any other Agency which receives copy of arrest records that the arrest record of the person whose name appears on the Order should be treated as not having been arrested and no record of the National Crime Information Center or of any other agency shall be accepted in any Court of the Virgin Islands after an Order of Expungement has been entered by the Court. The Superior Court may make and adopt any rules necessary to carry out the mandates of this Act. History: Added Nov. 25, 2009, No. 7136, § 1, Sess. L. 2009, p. 272.

This Chapter shall have retroactive effect. History: Added Apr. 9, 2011, No. 7252, § 2, Sess. L. 2011, p. 33.

Where appearing in this chapter, the term "Governor" includes any person performing the functions of Governor by authority of the law applicable to the Virgin Islands. The term "Executive Authority" includes the Governor, and any person performing the functions of Governor in a state other than the Virgin Islands.

Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of the Virgin Islands to have arrested and delivered up to the Executive Authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in the Virgin Islands.

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under section 3806 of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate judge there, together with a copy of any warrant which was issued there-upon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the Executive Authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate judge must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the Executive Authority making the demand. History: Amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

When a demand shall be made upon the Governor of the Virgin Islands by the Executive Authority of another state for the surrender of a person so charged with crime, the Governor may call upon the United States attorney to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.

State Or Who Have Left the Demanding State Under Compulsion When it is desired to have returned to the Virgin Islands a person charged in the Virgin Islands with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of the Virgin Islands may agree with the Executive Authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of the Virgin Islands as soon as the prosecution in the Virgin Islands is terminated. The Governor of the Virgin Islands may also surrender on demand of the Executive Authority of any other state any person in the Virgin Islands who is charged in the manner provided in section 3823 of this title with having violated the laws of the state whose Executive Authority is making the demand, even though such person left the demanding state involuntarily.

Commission of Crime The Governor of the Virgin Islands may also surrender, on demand of the Executive Authority of any other state, any person in the Virgin Islands charged in such other state in the manner provided in section 3803 of this title with committing an act in the Virgin Islands, or in a third state, intentionally resulting in a crime in the state whose Executive Authority is making the demand, and the provisions of this chapter not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the Virgin Islands, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the Virgin Islands and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter to the duly authorized agent of the demanding state.

Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

No person arrested upon such warrant shall be delivered over to the agent whom the Executive Authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the United States attorney, and to the said agent of the demanding state.

Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in willful disobedience to section 3810 of this title, shall be fined not more than $1,000 or imprisoned not more than six months, or both.

The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in any jail in the Virgin Islands; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping. The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through the Virgin Islands with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in any jail in the Virgin Islands; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the Executive Authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in the Virgin Islands.

Whenever any person within the Virgin Islands is charged on the oath of a credible person before any judge of the Virgin Islands with the commission of a crime in any other state and, except in cases arising under section 3806 of this title, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, or whenever complaint has been made before any judge in the Virgin Islands setting forth on the affidavit of any credible person in another state that a crime has been committed in that other state and that the accused has been charged in that state with the commission of the crime, and, except in cases arising under section 3806 of this title, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole and is believed to be in the Virgin Islands, the judge shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in the Virgin Islands, and to bring him before the same or any other judge or court available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 3813 of this title; and thereafter his answer shall be heard as if he had been arrested on a warrant.

If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 3806 of this title, that he has fled from justice, the judge must, by a warrant reciting the accusation, commit him to jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the Executive Authority of the state having jurisdiction of the offense, unless the accused give bail as provided in section 3816 of this title, or until he shall be legally discharged.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in the Virgin Islands may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the Governor of the Virgin Islands.

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge may discharge him or may recommit him for a further period not to exceed sixty days, or a judge may again take bail for his appearance and surrender, as provided in section 3816 of this title, but within a period not to exceed sixty days after the date of such new bond.

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond the judge, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within the Virgin Islands. Recovery may be had on such bond in the name of the government of the Virgin Islands as in the case of other bonds given by the accused in criminal proceedings within the Virgin Islands.

Requisition If a criminal prosecution has been instituted against such person under the laws of the Virgin Islands and is still pending the Governor, in his discretion, either may surrender him on demand of the Executive Authority of another state or hold him until he has been tried and discharged or convicted and punished in the Virgin Islands.

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.

Whenever the Governor of the Virgin Islands shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in the Virgin Islands, from the Executive Authority of any other state, or from the chief judge or associate judge of the United States District Court for the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of the Virgin Islands, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the Virgin Islands.

I. When the return to the Virgin Islands of a person charged with crime in the Virgin Islands is required, the United States attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the said United States attorney the ends of justice require the arrest and return of the accused to the Virgin Islands for trial and that the proceeding is not instituted to enforce a private claim. II. When the return to the Virgin Islands is required of a person who has been convicted of a crime in the Virgin Islands and has escaped from confinement or broken the terms of his bail, probation or parole, the United States attorney, the Board of Parole, the Police Commissioner, or the officer in charge of the institution from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made. III. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the information and affidavit filed, or of the complaint made to the judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The United States attorney, Board of Parole, Police Commissioner, or officer in charge may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the Government Secretary to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition. IV. The Governor need not issue a requisition under this section if it appears that the presence of the person charged with, or convicted of, a crime in the Virgin Islands can be obtained by removal proceedings under Rule 40 of the Federal Rules of Criminal Procedure. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

The expenses shall be paid out of money appropriated for that purpose by law. Such expenses shall be the fees paid to the officers of the state on whose Governor the requisition is made, and all other necessary and reasonable expenses in returning such prisoner.

A person brought into the Virgin Islands by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.

Any person arrested in the Virgin Islands charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in sections 3807 and 3808 of this title and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within the Virgin Islands a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in section 3810 of this title. If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of the Virgin Islands and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided, however, that nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of the Virgin Islands.

Nothing in this chapter constitutes a waiver by the government of the Virgin Islands of its right, power or privilege to try the demanded person for crime committed within the Virgin Islands, or of its right, power or privilege to regain custody of him by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within the Virgin Islands, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by the government of the Virgin Islands of any of its rights, privileges or jurisdiction.

Prosecutions After a person has been brought back to the Virgin Islands by, or after waiver of extradition proceedings, he may be tried in the Virgin Islands for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.

The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those jurisdictions which enact it.

"Witness" as used in this chapter shall include a person whose testimony is desired in any proceeding or investigation by a Grand Jury or in a Criminal Action, Prosecution or Proceeding. The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness.

State If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in the Virgin Islands certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within the Virgin Islands is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the Virgin Islands, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein. If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state. If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person amounts specified in section 660 of this title for travel expenses and for compensation and subsistence for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in the Virgin Islands.

Islands If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in the Virgin Islands, is a material witness in a prosecution pending in a court of record in the Virgin Islands, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of the Virgin Islands to assure his attendance in the Virgin Islands. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. If the witness is summoned to attend and testify in the Virgin Islands he shall be tendered the amounts specified in section 660 of this title for travel expenses and for compensation and subsistence for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within the Virgin Islands a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into the Virgin Islands, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in the Virgin Islands. A certificate need not be issued under this section if it appears that the attendance of the witness can be obtained under Rule 17 of the Federal Rules of Criminal Procedure.

If a person comes into the Virgin Islands in obedience to a summons directing him to attend and testify in the Virgin Islands he shall not while in the Virgin Islands pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into the Virgin Islands under the summons. If a person passes through the Virgin Islands while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through the Virgin Islands be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into the Virgin Islands under the summons.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those jurisdictions which enact it.

(a) A search warrant authorized by this chapter may be issued by a judge of a court of record, directed to a peace officer. (b) Rule 41 of the Federal Rules of Criminal Procedure shall apply to proceedings under this chapter.

A warrant may be issued to search for and seize any property upon any of the following grounds: (1) When the property was stolen or embezzled; in which case it may be taken on the warrant from the place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled or from any person in whose possession it may be found. (2) When it was used as the means of committing a criminal offense; in which case it may be taken on the warrant from the place in which it is concealed, or from the possession of the person by whom it was used in the commission of the offense, or from any person in whose possession it may be. (3) When it is in the possession of any person with the intent to use it as a means of committing a criminal offense or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered; in which case it may be taken on the warrant from such person, or from any place occupied by him or under his control, or from the possession of the person to whom he may have so delivered it. (4) When the property is a cask, keg, bottle, vessel, siphon, can, case, or other package, bearing printed, branded, stamped, engraved, attached, blown, or otherwise attached or produced thereon the duly filed trademark or name of the person by whom, or in whose behalf the search warrant is applied for, in the possession of any person except the owner thereof with intent to sell or traffic in the same, or refill the same with intent to defraud the owner thereof, with such intent, and without such owner's consent thereof; in which case it may be taken on the warrant from such person or from any place occupied by him, or under his control or from the possession of the person to whom he may have delivered it.

A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.

The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant.

When the property is delivered to the judge, he must, if it was stolen or embezzled, dispose of it as provided in chapter 337 of this title. If it was taken on a warrant issued on the grounds stated in section 3902 of this title he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offenses in respect to which the property taken is triable.

When a person charged with a felony is supposed by the judge, before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the judge may direct him to be searched in his presence, and the weapon or other thing to be retained subject to his order, or to the order of the court in which the defendant may be tried.

(a) For purposes of this chapter: (1) "HIV" means Human Immunodeficiency Virus identified as the causative agent of Acquired Immunodeficiency Syndrome ("AIDS"), a condition in which the body's immune system fails and life threatening illnesses develop. (2) "Sexual offense" means: (A) unlawful sexual contact between: (i) the penis and vulva, or the penis and the anus, and for purposes of this section contact involving the penis occurs upon penetration, however slight; or (ii) the mouth and the penis, the mouth and the vulva, or the mouth and the anus; and (B) the perpetration of any of the sexual offenses proscribed by Title 14, Virgin Islands Code. (3) "Victim" includes the person upon whom a sexual offense has been perpetrated, the legal guardian or the parent of such person if the victim is a minor, or the legal guardian or the parent of such person if the victim is mentally retarded or mentally incapacitated. (4) "Convicted" means a person who has entered a plea of guilty to a sexual offense, as well as a person found guilty following a jury trial or a bench trial. It also includes a person who is adjudicated under juvenile proceedings. (5) "Chief Public Health Officer" means the Commissioner of the Virgin Islands Department of Health. (6) "Public Health Official" means a designated representative by the Chief Public Health Officer. (b) The primary purpose of the testing and disclosure provided for in this section is to benefit the victim of a sexual offense by informing the victim whether the individual convicted of a sexual offense is infected with the AIDS virus. However, in enacting this chapter, the Legislature intends to promote the public health objectives of stemming the spread of HIV infection and protecting the health of both the victim of a sexual offense and those convicted of committing such offenses. This section may not be construed to authorize disclosure of the results for the purpose of a charging decision by the prosecutor. (c) Nothing in this chapter shall be construed as preventing the victim from requesting that an HIV test be required of a person charged with committing a sexual offense. Such test shall be ordered and the results disseminated in accordance with the provisions of Section 3911 if, in the opinion of a judge, there exists probable cause to conduct such testing. History: Added Sept. 28, 1994, No. 6019, § 1, Sess. L. 1994, p. 208.

Disclosure of Test Results; Counseling and Referral (a) In all cases in which a defendant has been convicted of a sexual offense, the prosecutor shall advise the victim of his right to request the testing of the convicted person's blood for the presence of HIV antibodies. To assist the victim of the sexual offense in determining whether to make the request, the prosecutor shall refer the victim to the Department of Health for pre-test counseling to help the victim understand the extent to which the particular circumstances of the sexual offense may or may not have created a risk of transmission of HIV, to ensure that the victim understands both the benefits and limitations of current tests for HIV and to help the victim decide whether to request such a test. (b) The Department of Justice in cooperation with the Department of Health shall prepare a form to be used in providing victims with the notice required in subsection (a) of this section. (c) When a person has been convicted of a sexual offense, the court, at the request of the victim, shall issue a warrant for the purpose of testing the convicted person's blood for the presence of the HIV antibodies, subject to the following conditions: (1) The Commissioner of Health shall make provision for administering all HIV tests ordered under this subsection. (2) Any person's blood which is tested under this section must be subjected to the appropriate confirmatory tests (e.g., 'Western Blot' antigen tests) in order to ensure the accuracy of the initial test results (e.g., 'ELISA' screening test), before disclosing to the victim or the convicted perpetrator, the initial reactive result; (3) The Chief Public Health Official in the Virgin Islands, or his designee, shall have the responsibility of disclosing the test results to the victim and to the person who has been tested. However, the Public Health Official shall not disclose the HIV serostatus to either party without also providing for professional counseling and case management; provided, however, that when the victim, through court order, requests an HIV test of the convicted individual, the Chief Public Health Official shall deliver the test results in a sealed envelope to the court of competent jurisdiction. The Judge shall disclose the test results of the convicted individual to the victim. (4) The Chief Public Health Officer shall also, upon the request of the victim, make the following services available to the victim: counseling regarding HIV disease, HIV testing, and referral for appropriate health care and support services. (5) The Public Health Official shall comply with all laws and policies relating to medical confidentiality and shall be subject to the disclosure requirements authorized by this section. (6) Any governmental official who informs an individual of the HIV test result or discloses any information pursuant to this chapter, shall be immune from civil liability for actions taken and statements made in compliance with this section. History: Added Sept. 28, 1994, No. 6019, § 1, Sess. L. 1994, p. 208.

Except as otherwise requested by the victim, if the initial HIV test is conducted within the first two years of a convicted perpetrator's imprisonment, the request for disclosure is considered a standing request for any subsequent HIV test results obtained within two years after the initial HIV test is performed, and such request need not be repeated for each HIV test administered. If the HIV test is performed by any agency, private physician or private laboratory other than the Department of Health, that instrumentality shall be responsible for forwarding the test result to the Department of Health for disclosure to the person requesting the test result pursuant to this chapter. The HIV test result may not be disclosed to any other person except as expressly authorized by law or court order. History: Added Sept. 28, 1994, No. 6019, § 1, Sess. L. 1994, p. 208.

When property alleged to have been stolen or embezzled comes into the custody of a peace officer, he shall hold it subject to the order of the court as provided in this chapter.

On satisfactory proof of title of the owner of the property, the court which hears the charge must order it to be delivered to the owner or his duly authorized agent, on his paying the reasonable and necessary expenses incurred in its preservation, to be ascertained and certified by the court.

If no charge is filed against any person in relation to property alleged to have been stolen or embezzled, the judge who examines the charge against the person accused of the crime shall order it to be delivered to the owner or his duly authorized agent on like proof and condition as in section 3942 of this title.

The order provided for in sections 3942 and 3943 of this title entitles the owner or his agent to demand and receive the possession of the property from the officer having it in custody, and authorizes such officer to deliver it accordingly, but does not affect the rights of third persons.

When money or other property is taken from a person arrested upon a charge of crime, the officer taking it shall at the time give duplicate receipts therefor, specifying particularly the amount of money or kind of property taken, one of which receipts he shall deliver to the person arrested and the other to the judge who examines the charge; or if the arrest is made after an information has been filed then to the clerk of the district court.

If the property stolen or embezzled is not claimed by the owner before the expiration of one year from the conviction of the person for stealing or embezzling it, and after publication, the officer having it in custody shall, if it is money, pay it to the clerk of the district court, or if it is property, sell it as upon execution, and after paying the expenses of the sale and preservation of the property to be ascertained and certified by the clerk of the district court pay the proceeds to the clerk of the district court, to be deposited by him as in case of moneys collected upon judgments in favor of the government of the Virgin Islands.

Crimes may be prevented by the intervention of the officers of justice - (1) by requiring security to keep the peace; (2) by requiring the police force of the Virgin Islands to attend at exposed places; and (3) by suppressing riots.

When the officers of justice act in the prevention of crime, other persons who by their command act in their aid are justified in so doing.

A complaint may be laid before any judge of the Superior Court that a person has threatened to commit a crime against the person or property of another. When complaint is so made to a judge, he shall examine the complainant on oath, and reduce his statement to writing and cause the same to be subscribed by him, and also take the depositions of any witnesses that the complainant may produce in support thereof. History: Amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

If it appears to the judge that there is good reason to fear the commission of the crime threatened by the person complained of, he shall issue a warrant for the arrest of such person, which warrant shall be directed and executed as a warrant of arrest, and may be substantially in the same form except that instead of reciting the commission of a crime it shall recite the substance of the threat to commit one according to the information.

(a) When the person complained of is brought before the judge, if the charge is controverted he shall take the testimony in relation thereto and the evidence shall be reduced to writing and subscribed by the witness. The judge shall issue subpoenas for witnesses for the complainant and for the person complained of. The person complained of is entitled, if he chooses, to make a statement concerning the charges against him. (b) The judge may adjourn the examination and commit the person complained of, or admit him as in other criminal actions.

If from the examination it appears that there is no good reason to fear the commission of the crime alleged to have been threatened, the person complained of shall be discharged. The order for the discharge shall be indorsed upon the warrant and signed by the judge with his title of office, and may be to the following effect: "There being no good reason shown to fear the commission of the crime within mentioned by the within named .................... I order him to be discharged."

(a) If there is good reason to fear the commission of the crime, the person complained of shall be held to answer as in case of felony, and the judge may admit to bail to keep the peace in the same manner as in case of felony. (b) When a judge has held a person to answer as provided in this section, he shall return to the clerk of the district court within three days thereafter the complaint, warrant, statement and depositions of all witnesses that have appeared before him, the undertaking of bail if any, the commitment, and a fee bill of his costs whether collected or uncollected. (c) If bail is not given a commitment may be issued in substantially the following form: "In the name of the Government of the Virgin Islands of the United States. To the Commissioner of Public Safety. Greetings! An order having been this day made by me that ____________________ give an undertaking in the sum of ____________________ dollars, as security to appear before the District Court, at ____________________, on a charge of ____________________, and to abide the order of the said District Court, and the said ____________________ having failed to give such undertaking, you are therefore commanded to receive him into your custody, and detain him until legally discharged. Dated at ____________________, this ____________________ day of ____________________ hundred and ____________________ ____________________"

For Good Behavior (a) If the complainant does not appear at the district court when summoned, the person complained of may be discharged unless good cause to the contrary be shown. (b) If both parties appear, the district court shall hear the proofs and allegations transmitted by the judge of the Superior Court and such other evidence as the parties may produce and may either discharge the defendant, or require an undertaking to keep the peace for a time not exceeding a year, in an amount not exceeding two thousand dollars. (c) The sureties in an undertaking to keep the peace are entitled to the rights and authority of bail, as provided in Rule 46 of the Federal Rules of Criminal Procedure, and may be exonerated from their undertaking in the manner prescribed therein. (d) An undertaking to keep the peace shall be taken and deemed to be an undertaking to be of good behavior, and cannot be required except as provided in this chapter. History: Amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

A person who, in the presence of any court, assaults or threatens to assault another, or to commit an offense against his property, or who contends with another with angry words to the disturbance of the peace may be ordered by the court without warrant or other proof to give security to keep the peace in an amount not exceeding two thousand dollars.

The court before which any person is convicted of a crime, which by the judgment of such court is punished otherwise than by imprisonment for more than one year, may require such person to enter into an undertaking to keep the peace, as provided in section 4005(a) of this title, for a period not exceeding one year and in default thereof may commit him until the undertaking be given or the period expired.

When three or more persons, whether armed or not, are unlawfully or riotously assembled in any town, village or settlement or in any other place in the Virgin Islands, any marshal, deputy marshal, or any police officer or other peace officer of the Virgin Islands shall go among the persons assembled or as near to them as he can with safety and command them in the name of the Government of the Virgin Islands to disperse.

(a) If the persons assembled do not immediately disperse, the officers must arrest them or cause them to be arrested, that they may be punished according to law, and for the purpose may command the aid of all persons present. (b) If the persons assembled and commanded to disperse do not immediately disperse, any two of the officers mentioned in section 4021 of this title, may command the aid of a sufficient number of persons, armed or otherwise, as may be necessary, and may proceed in such manner as in their judgment may be most expedient to disperse the assembly and arrest the offenders.

If, in the effort to suppress or disperse any unlawful or riotous assembly, or to arrest or detain any of the persons engaged therein, any such rioters or other persons then present as spectators or otherwise are killed or wounded, the officers, and persons acting in their aid, are guiltless thereof. If any such officers or persons acting in their aid are killed or wounded, all persons engaged in such assembly are guilty thereof.

(a) No crime may be compromised, nor any proceeding for the prosecution or punishment therefor stayed upon a compromise, except as provided in this chapter or other law. (b) When an information charges a misdemeanor, for which the person injured by the act constituting the crime has a civil action, the crime may be compromised except when it was committed - (1) by or upon an officer of the peace while in the execution of the duties of his office; or (2) riotously; or (3) with intent to commit a felony.

For a compromise to be effected, the party injured shall appear before the court in which the complaint or information is filed at any time before trial and acknowledge in writing that he has received satisfaction for the injury. The court may then in its discretion, on payment of the costs and expenses incurred, order all further proceedings upon the prosecution to be stayed and the defendant to be discharged therefrom. The order and reason therefor shall be entered in the journal, and such order is a bar to another prosecution for the same crime.

As used in this chapter, the following terms shall have the following meanings, unless the context otherwise requires: (a) "Aggrieved person" means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed. (b) "Attorney General" means the Attorney General of the United States Virgin Islands, or any duly authorized Assistant Attorney General, or other duly authorized attorney employed by the Virgin Islands Department of Justice. (c) "Contents", when used with respect to any wire or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication. (d) "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire or oral communication other than: (1) Any telephone or telegraph instrument, equipment, or facility, or other component thereof, furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; (2) A hearing aid or similar device being used to correct subnormal hearing to not better than normal. (e) "Intercept" means the aural acquisition of the contents of any wire or oral communication through the use of any electronic, mechanical, or other device. (f) "Investigative or law enforcement officer" means any officer of the Territory who is empowered by law to conduct investigations of, or to make arrests for, offenses and any attorney authorized by law to prosecute or participate in the prosecution of such offenses. (g) "Judge or court of competent jurisdiction" means Judge of the Superior Court of the Virgin Islands or Judge or Magistrate Judge of the United States District Court of the Virgin Islands. (h) "Law enforcement agency" means an agency of the Territory of the United States Virgin Islands if the primary responsibility of the agency is the prevention and detection of crime or the enforcement of the penal or traffic laws of this Territory if such agency's agents and officers are empowered by law to conduct criminal investigations and to make arrests. (i) "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting. (j) "Person" means any employee or agent of the Territory or political subdivision thereof, and any individual, partnership, association, joint stock company, trust or corporation. (k) "United States Attorney" means the United States Attorney for the Virgin Islands or any Assistant United States Attorney for the Virgin Islands. (l) "Wire communication" means any oral transfer made in communication in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station), furnished or operated by any person engaged in providing or operating such facilities for the transmission of intra-territorial, interstate, or foreign communications for communications affecting the intra-territory, interstate or foreign commerce, and such term does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone headset and the base unit. History: Added Nov. 9, 1990, No. 5649, § 1, Sess. L. 1990, p. 397; amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

(a) The Attorney General or the United States Attorney may authorize an application to a court of competent jurisdiction for, and any judge of such court may grant in conformity with this chapter, an order authorizing or approving the interception of wire or oral communications by the Virgin Islands Police Department, the Virgin Islands Department of Justice, or any other law enforcement agency of this Territory having responsibility for the investigation of the offense as to which the application is made, when such interception may provide, or has provided, evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs or other dangerous drugs; or any violation of the following, which violation may be punishable by more than one year imprisonment and which presents a danger to life, limb or property interests: (1) Title 3, chapter 25, Virgin Islands Code, relating to false testimony; (2) Title 5, chapter 343, Virgin Islands Code, relating to electronic surveillance; (3) Title 9, chapter 9, Virgin Islands Code, relating to foreign banks; (4) Title 9, chapter 11, Virgin Islands Code, relating to banking transfers and conduct; (5) Title 9, chapTitle 3 Vchapter 25, Virgin Islands Codeing to loans; (6) Title 9, chaTitle 5, chapter 343, Virgin Islands Code disclosure of finance charges; (7)le 9lechapter 9, Virgin Islands Codes Code, relating to monopolies anTitle 9aints of trade; (8) Title 14, chapter 11, Virgin Islands Code, relatingTitle 9onchapter 15, Virgin Islands Code (9) Title 14, chaptTitle 9Virgin Ichapter 17, Virgin Islands Codebribery and graft; (10) Title 14, chapter 21Title 11 Ichapter 29, Virgin Islands Codery; (11) Title 14, chapter 23, VirginTitle 14 Code, relating to children; (12) Title 14, chapter 30, Virgin Islands Code, Title 14 tchapter 19, Virgin Islands Coderganizations; (13) Title 14Title 14r chapter 21, Virgin Islands Codeng to escape and rescue; T(14) 14tlchapter 23, Virgin Islands Codes Code, relating to extTitle 14oppression, and threats; (15) Title 14, chapter 39, Virgin Islands Code, relating to forgeTitle 14ounterfeiting; (16) Title 14, chapter 41, Virgin Islands CodTitle 14ing to fraud and false statements; (17) Title 14, chapter 45, Virgin Islands Title 14lating to homicide; (18) Title 14, chapter 53, Virgin Islands Code, rTitle 14to kidnapping; (19) Title 14, chapter 55, Virgin Islands Code, relatiTitle 14rceny and embezzlement; (20) Title 14, chapter 57, Virgin IslanTitle 14 Cchapter 53, Virgin Islands Codessages; (21) Title 1Title 14erchapter 55, Virgin Islands Codeing to lotteries, gambling, and betting; (22) Title 14, chapter 63, Virgin Islands Code, relating to malicious mischief; (23) Title 14, chapter 67, Virgin Islands Code, relating to mayhem; T(24) 14 chapter 63, Virgin Islands Codes Code, relating to vehicle auto theft; (25) Title 14, chapter 75, Virgin Islands Code, relatingTitle 14ruction of justice; (26) Title 14, chapter 77, Virgin Islands Title 14elating to perjury; (27) Title 14, chapter 81, Virgin Islands CodTitle 14inchapter 77, Virgin Islands Codeffenses; (28) Title 14,Title 14 chapter 81, Virgin Islands Codeelating to public officers and employees; (29) TiTitle 14chchapter 83, Virgin Islands Coderelating to records, documents, and reports; (30)chapter 89, Virgin Islands Code Code, relating to robbery; (31) Title 14e chapter 93, Virgin Islands Coderelating to sabotage; (32) Title chapter 95, Virgin Islands Code Code, relating to stolTitle 14rty; (33) Title 14, chapter 113, Virgin Islands Code, relatTitle 14arrying or using dangerous weapons; (34) Title 14, chapter 117, Virgin Islands Title 14lating to credit cards; (35) Title 18, chapter 27, Virgin IslaTitle 18 Code, relating to election offenses; (36) Title 19, chapter 29, Title 19slchapter 29, Virgin Islands Codeed substances; (37) Title 33, cTitle 335,chapter 45, Virgin Islands Codeto offenses and forfeitures under taxation and finance; (38) Any conspiracy to commit any violation of the laws of this Territory relating to the crimes specifically enumerated above. (b) The authorization from the Attorney General or United States Attorney required by subsection (a) of this section must be in writing and shall be in such format as the Attorney General or the United States Attorney shall choose. Such authorization need not be part of the application made to the court, but a record of such authorization must be maintained. (c) Except as provided for in this chapter, no person shall intercept any wire or oral communication; provided that it shall not be unlawful under this chapter for a person to intercept a wire or oral communication where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception to the interceptor, unless such communication is intercepted for the purpose of committing any criminal or tortuous act in violation of territorial or federal law. (d) No person who has intercepted any wire or oral communication in the manner described in section 4102(c) of this title, prior to the enactment of section 4102(c) of this title, without actual knowledge of the former prohibitions thereto, shall be held liable for any criminal penalty set forth in this chapter. History: Added Nov. 9, 1990, No. 5649, § 1, Sess. L. 1990, p. 397; amended Dec. 23, 1993, No. 5920, § 1, Sess. L. 1993, p. 298.

Communications (a) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire or oral communication or evidence derived therefrom may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure. (b) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire or oral communication or evidence derived therefrom, may use such contents to the extent such use is appropriate to the proper performance of his official duties. (c) Any person who has received, by any means authorized by this chapter, any information concerning a wire or oral communication, or evidence derived therefrom, intercepted in accordance with the provisions of this chapter, may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in the Superior Court or any court of the United States. (d) No otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character by virtue of enactment of this chapter. (e) When an investigative or law enforcement officer, while engaged in intercepting wire or oral communication in the manner authorized herein, intercepts wire or oral communications relating to offenses for which an order or authorization or approval could have been secured pursuant to section 4102 of this title, but which is not specified in the actual order or authorization or approval, the contents thereof and evidence derived therefrom may be disclosed or used as provided in subsections (a) and (b) of this section, and may be used under subsection (c) of this section, when authorized or approved by a court of competent jurisdiction which finds, upon subsequent application, that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such subsequent application shall be made as soon as practicable. History: Added Nov. 9, 1990, No. 5649, § 1, Sess. L. 1990, p. 397.

Each application for an order authorizing or approving the interception of a wire or oral communication shall be made in writing, upon oath or affirmation, to a Judge of the Superior Court or of the District Court, and shall state the applicant's authority to make such application. Each application shall include the following information: (1) the identity of the investigative or law enforcement officer making the application and of the officer authorizing the application; (2) a full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including details as to the particular offense that has been, is being or is about to be committed, a particular description of the nature and location of the facilities from which, or the place where, the communications are to be intercepted, a particular description of the type of communications sought to be intercepted and the identity of the person, if known, or believed to be committing the offense and whose communications are to be intercepted; (3) a full and complete statement as to whether or not other investigative procedures have been tried and have failed or why they reasonably appear to be unlikely to succeed if tried or are too dangerous to be tried; (4) a statement of the period of time for which the interception is required to be maintained and, if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description or statement of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (5) a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application made to any Judge for authorization to intercept, or for approval of interceptions of, wire or oral communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the Judge on each such application; and (6) when the application is for the extension of an order, a statement setting forth the results thus for obtained from the interception or a reasonable explanation of the failure to obtain such results. History: Added Nov. 9, 1990, No. 5649, § 1, Sess. L. 1990, p. 397.

Under This Chapter (a) The Court may require the applicant to furnish additional testimony or documentary evidence in support of the application. (b) Upon such application, the Court may enter an ex parte order, as requested or as modified, authorizing or approving the interception of wire or oral communications within the jurisdiction of the Court if the Judge determines on the basis of the facts submitted by the applicant that: (1) There is probable cause to believe that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 4102 of this title; (2) There is probable cause to believe that particular communications concerning that offense will be obtained through such interception; (3) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or are too dangerous to be tried; (4) There is probable cause to believe that the facilities from which, or the place where, the wire or oral communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person. (c) Each order authorizing or approving the interception of any wire or oral communication shall specify: (1) The identity of the person, if known, whose communications are to be intercepted; (2) The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; (3) A specific and particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates; (4) The identity of the agency authorized to intercept the communications, and the person authorizing the application; (5) The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained; (6) An order authorizing the interception of a wire or oral communication shall, upon the request of the applicant, direct that a communication common carrier, landlord, custodian, or other person, shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier, landlord, custodian, or person is according the person whose communications are to be intercepted. Any communication common carrier, landlord, custodian, or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant at prevailing rates. (d) No order entered under this section may authorize or approve the interception of any wire or oral communication for any period longer than is necessary to achieve the objective of the authorization, or in any event, any longer than 30 days. Extensions of any order may be granted, but only upon application for an extension made in accordance with subsection (a) of this section and upon the court making the findings required by subsection (c) of this section. The period of extension shall be no longer than the authorizing Judge deems necessary to achieve the purposes for which it was granted and in no event for longer than 30 days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event, within 30 days. (e) Whenever an order authorizing interception is entered pursuant to this chapter, the order may require periodic reports to be made to the Judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the Judge may require. (f) The contents of any wire or oral communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. (1) The recording of the contents of any wire or oral communication under this subsection shall be kept in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extension thereof, such recording shall be made available to the Judge issuing such order and sealed under his directions. Custody of the recordings shall be wherever the Judge orders. They shall not be destroyed except upon an order of the issuing or denying Judge and in any event shall be kept for 10 years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of section 4103 of this title, subsections (a) and (b) for investigations. (2) The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite to the use or disclosure of the contents of any wire or oral communication or evidence derived therefrom under section 4103 of this title, subsection (c). (3) Applications made and orders issued under this chapter shall be sealed by the Judge of the Court to whom such application has been made. Custody of the applications and orders shall be wherever the Judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a Judge of competent jurisdiction, and shall not be destroyed except on order of the issuing or denying Judge, and, in any event, shall be kept for 10 years. (4) Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying Court. (5) Within a reasonable time, but not later than 90 days after the termination of the period of an order or extension thereof, the issuing or denying Judge shall cause to be served on the persons named in the order or the application, and on such other parties to intercepted communications as the Judge may determine in his discretion it is in the interest of justice to be served, an inventory which shall include notice of: (A) the fact of the entry of the order or the application; (B) the date of the entry and the period of authorized, approved, or disapproved interception, or the denial of the application; and (C) the fact that during the period wire or oral communications were or were not intercepted. The Judge, upon the filing of a motion, may make available to such person or to his counsel for inspection such portions of intercepted communications, applications, and orders as the Judge determines to be in the interest of justice. On an ex-parte showing of good cause to a Judge of competent jurisdiction, the serving of the inventory required by this paragraph may be postponed. (g) The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding unless each party, not less than 10 days before the trial, hearing, or proceeding, has been furnished with a copy of the court order and accompanying application under which the interception was authorized and approved. This 10-day period may be waived by the Judge if he finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing, or proceeding, and that the party will not be prejudiced by the delay in receiving such information. (h) (1) Any aggrieved person in any trial, hearing, or proceeding, in or before any court, department, officer, agency, regulatory body, or other authority may move by application to a court of competent jurisdiction, if not already before such court, to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the ground that: (A) The communication was unlawfully intercepted; or (B) The order of authorization or approval under which it was intercepted is insufficient on its face; or (C) The interception was not made in conformity with the order of authorization or approval. Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion within a reasonable period prior thereto. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this chapter. The Judge, upon the filing of such motion by the aggrieved person, may make available to the aggrieved person, or to his counsel, for inspection such portions of the intercepted communication or evidence derived therefrom as the Judge determines should be disclosed in the interests of justice. (2) In addition to any other right to appeal, the Attorney General or the United States Attorney shall have the right to appeal from an order granting a motion to suppress made under paragraph (1) of this subsection, or the denial of an application for an order of approval, if the attorney shall certify to the Judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within 30 days after the date the order was entered and shall be diligently prosecuted. History: Added Nov. 9, 1990, No. 5649, § 1, Sess. L. 1990, p. 397.

Communications; Penalty (a) No person shall print, publish, or broadcast, or cause to be printed, published, or broadcast, in any newspaper, magazine, periodical, or other publication or from any television or radio broadcasting station, the name or identity of any person served with, or to be served with, an inventory or notification of interception of wire or oral communications pursuant to section 4105 of this title, subsection (f)(5) until said person has been informed against by the appropriate prosecuting authority. (b) Whoever is convicted of a violation of any provision of this section is guilty of a felony punishable by a fine not to exceed $10,000, or imprisonment of up to 5 years, or both. History: Added Nov. 9, 1990, No. 5649, § 1, Sess. L. 1990, p. 397.

(a) Any person whose wire or oral communication is intercepted, disclosed, or used, in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses or uses, or procures any other person to intercept, disclose, or use, such communications and shall be entitled to recover from any such person: (1) actual damages, but not less than liquidated damages computed at the rate of $100 for each day of violation or $1,000, whichever is higher; (2) punitive damages; and (3) a reasonable attorney's fee and other litigation costs reasonably incurred. (b) A good faith reliance on a court order or legislative authorization, as provided in this chapter, shall constitute a complete defense to any civil or criminal action under the laws of this Territory. History: Added Nov. 9, 1990, No. 5649, § 1, Sess. L. 1990, p. 397.

As used in this chapter, unless the context clearly requires otherwise, the following words have the following meanings: (a) "CODIS" or "Combined DNA Index System" means the Federal Bureau of Investigation's combined DNA identification Index System, which includes the storage and exchange of DNA records submitted by the Virgin Islands, states and local forensic DNA laboratories or by federal and state criminal justice and law enforcement agencies. (b) "Conviction" includes a conviction by a jury or a court, a guilty plea, a plea of nolo contendere, or a finding of not guilty by reason of insanity or mental disease or defect. (c) "Databank" means the repository of DNA samples collected under this chapter and maintained by the Director. (d) "Database" means the DNA identification records, computer system and software maintained and administered by the Director. (e) "Department" means the Virgin Islands Department of Justice. (f) "Designated offender" means an individual charged with or convicted of any felony or violent crime or any misdemeanor sexual offense or attempt or conspiracy to commit any felony or violent crime or any misdemeanor sexual offense under title 14 of the Virgin Islands Code, or any person on parole, probation or supervised release upon a conviction of a designated offense. (g) "Designated offender" also means a juvenile tried as adults for any "designated offense"; or a juvenile who has committed a "designated offense" and has had its case transferred pursuant to title 5 V.I.C. § 2508. (h) "Designated offense" means any felony or violent crime or any misdemeanor sexual offense or attempt or conspiracy to commit any felony or crime of violence as defined in title 23 V.I.C., section 451(g), or any misdemeanor sexual offense under title 14 of the Virgin Island Code. (i) "Director" means the director of DNA Database and Databank. (j) "DNA" means deoxyribonucleic acid. (k) "DNA analysis" means analysis of DNA identification information in a bodily sample utilizing DNA testing, as well as the methods, procedures, assumptions, and studies used to draw statistical inferences from the test results. (l) "DNA record" means DNA information that is derived from a DNA sample and DNA analysis and is stored in the Virgin Islands DNA database or in CODIS, including all records pertaining to DNA analysis. (m) "DNA sample" means tissue, fluid, or other biological sample or specimen samples of an individual of which DNA evidence can be collected for analysis. (n) "DNA testing" means any test that employs techniques to examine deoxyribonucleic acid derived from the human body for the purpose of providing information to resolve issues of identification. (o) "FBI" means the Federal Bureau of Investigation of the United States. (p) "Law enforcement" means the Department of Justice, Office of the Attorney General, the Bureau of Correction and the Territorial Probation Office. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, pp. 143, 144; amended Mar. 30, 2016, No. 7871, § 1(a), Sess. L. 2016, p. 72.

(a) There is established within the Department of Justice, Office of the Attorney General, a Virgin Islands DNA Database and Databank under the supervision of a Director. (b) The Governor shall appoint the Director on the basis of knowledge and experience in the field of forensic sciences. The Director is responsible for DNA analysis and the management and administration of the Databank and Database. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, pp. 144, 145.

(a) All designated offenders shall submit a DNA sample collected by a person authorized pursuant to section 4204, subsection (b), to determine identification characteristics specific to that person and to be included in the Database. The submission of a DNA sample is not stayed pending a motion for new trial, an appeal of a sentence, appeal to an appellate court or other post conviction motions or petitions. (b) Any person charged with or convicted of a designated offense before the effective date of this chapter and who is incarcerated on the date of enactment, shall submit a DNA sample, consistent with the provisions this chapter. (c) The Territorial Probation Office shall collect a DNA sample for each designated offender on probation, parole, or supervised release. (d) For each individual described in subsections (a) through (c), if the Virgin Islands DNA database or databank contains a DNA analysis with respect to that individual, the Attorney General, the Bureau of Corrections, the Territorial Probation Office or the Board of Parole may collect a DNA sample from that individual. (e) For purposes of this section, a DNA sample must be taken from the person using the "buccal swab" technique only. (f) Any person required to submit a DNA sample under this section and who refuses to submit the DNA sample is subject to punishment by a fine of not more than $1,000 or imprisonment for not more than five years or both such fine and imprisonment. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, p. 145; amended Mar. 30, 2016, No. 7871, § 1(b), Sess. L. 2016, p. 72; amended July 30, 2016, No. 7891, § 7, Sess. L. 2016, p. 121.

(a) The Director, after consultation with the Attorney General, shall establish regulations or procedures for the collection of DNA samples, including standards for training persons responsible for collection of DNA samples. (b) Only a physician, registered professional nurse, licensed practical nurse, phlebotomist, health care worker with phlebotomist training or a person licensed and trained by the Director may collect DNA samples. (c) The Director shall determine the cost of preparing, collecting and processing a DNA sample. The designated offender shall pay the cost of preparing, collecting and processing a DNA sample, unless the person is indigent as determined by 5 V.I.C., § 3503. The fees collected are retained by the Department to offset costs associated with creating, maintaining and administering the Databank and Database. (d) The Department shall provide all blood sample vials, collection tubes, mailing tubes, other DNA sample collection materials, labels and instructions for the collection of DNA samples. (e) If a person authorized under this section to collect DNA samples employs recognized medical procedures and complies with all regulations and procedures promulgated by the Director for the collection of DNA samples, that person is not subject to civil liability for the act of withdrawing blood, or any other act directly related to the taking of a DNA sample. (f) The Director may use or authorize law enforcement personnel to use means necessary to detain, restrain, and collect DNA samples from a designated offender who refuses to cooperate in the collection and submission of a DNA sample. Law enforcement personnel are not subject to criminal prosecution or civil liability for the use of reasonable force. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, pp. 145, 146.

All DNA samples collected pursuant to section 4203, subsection (a), must be forwarded to the Director for DNA analysis. The Director may employ independent forensic laboratories to perform the DNA analysis required under section 4203, subsection (a). The Director shall provide for the receipt and analysis of DNA samples and for the filing and storage of DNA records derived from the DNA analysis in the Database. A report of the results of a DNA analysis conducted by the Director, including the profile and identifying information, must be made and maintained at the Department. A certificate and the results of the analysis are admissible in any court as evidence of the facts contained in the certificate and the results of the analysis. Except as specifically provided in this chapter, the results of an analysis must be securely stored and must be treated as and remain confidential. The Director shall promulgate regulations governing the submission, receipt, identification, storage and disposal of DNA samples. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, p. 146.

The Director shall establish a quality assurance program that must include proficiency standards for laboratories and analysts responsible for performing DNA testing and analysis. The procedural rules and quality assurance program, laboratory techniques, laboratory equipment, supplies, computer software and acceptance criteria for DNA records in CODIS must be compatible with those used by the FBI. Independent laboratories utilized by the Director shall comply with the regulations and the procedural rules and quality assurance program established under to this section. With respect to any independent forensic laboratory that performs or seeks to perform the DNA analysis required under section 4203, subsection (a), the Director may audit the laboratory for compliance with the regulations or procedures as may be adopted under this chapter and may revoke such laboratory's right to create and exchange DNA records on behalf of the Department on the ground that the laboratory has failed to comply with any regulations, procedures, rules or quality assurance programs established pursuant to this section. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, pp. 146, 147.

(a) Records, findings, reports, and results of DNA testing, may be disclosed, upon written or electronic request, to the following persons for the following purposes: (1) the court, the prosecution and the defense in a criminal proceeding pursuant to a written request on a form prescribed by the Director; (2) the Department, the Virgin Islands Police Department, Bureau of Corrections, the Territorial Probation Office, to the Parole Board or to prosecuting officers within the Territory upon formal request in writing or electronically; (3) territorial and federal criminal justice and law enforcement and prosecuting agencies, including forensic laboratories serving such agencies, for identification purposes in order to further official criminal investigations or prosecutions; except, that any DNA sample obtained directly from a person not otherwise required to submit a DNA sample under this chapter and delivered to the Director for comparison with DNA records in the Database must be obtained pursuant to a warrant; (4) the FBI for storage and maintenance in CODIS; (5) to comply with the statutory obligations required under federal law as a condition to obtaining federal grants or other funding; and (6) to authorized persons or organizations, but excluding personal identifying information, only for the limited purpose of: (A) advancing DNA analysis methods and supporting statistical interpretation of DNA analysis, including development of population databases; or (B) assisting in the identification of human remains from mass disasters; and (7) to territorial and other jurisdictions' law enforcement agencies for assisting the identification and recovery of missing persons. (b) Except as provide in subsection (a), all records, findings, reports, and results of DNA testing performed on any person are confidential and may not be disclosed in any manner without the consent of the person whose DNA record is to be disclosed. The records, findings, reports and results may not to be released to insurance companies, employers or potential employers, health providers, employment screening or personnel companies, agencies, or services, private investigation services, and may not be disclosed in response to a subpoena or other compulsory legal process or warrant, or upon request or order of any agency, authority, division, office, corporation, partnership, or any other private or public entity or person, except that nothing contained in this subsection may prohibit disclosure in response to a subpoena issued on behalf of the person whose DNA record is to be disclosed or on behalf of a party in a civil proceeding where the subject of the DNA record has put the record in issue. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, pp. 147, 148.

(a) Any person who, by virtue of employment or official position, has possession of, or access to, a DNA sample or record or portion of a sample record contained in the Database and who willfully discloses any portion of a record or portion of a sample or a record in any manner to any person or agency not authorized to receive the record or portion thereof is subject to punishment by a fine of not more than $1,000 or imprisonment for not more than six months, or both such fine and imprisonment. (b) Any person who, without proper authorization, willfully obtains a DNA record or a portion of a record contained in the Database is subject to punishment by a fine of not more than $5,000 or imprisonment for not more than five years or both such fine and imprisonment. (c) Any person who tampers with or attempts to tamper with a DNA sample or DNA record with the intent to interfere with DNA analysis is subject to punishment by a fine of not more than $5,000 or imprisonment for not more than five years or both such fine and imprisonment. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, pp. 148, 149.

(a) If an individual, either voluntarily or pursuant to a warrant or order of a court, has submitted a sample for DNA testing in connection with the investigation or prosecution of a crime and (i) no criminal action against the individual relating to the crime was commenced within applicable limitations period, or (ii) a criminal action was commenced against the individual relating to the crime which resulted in a complete acquittal, or (iii) a criminal action against the individual relating to the crime resulted in a conviction that was subsequently reversed or vacated, or for which the individual was granted a pardon, the individual may apply to the Superior Court of the Virgin Islands or to the court in which the judgment of conviction was originally entered for an order directing the expungement of any DNA record and any samples, analyses, or other documents relating to the DNA testing of the individual in connection with the investigation or prosecution of the crime. (b) A copy of the application must be served on the Attorney General, and an order directing expungement may be granted if the court finds that: (1) the individual has satisfied the conditions of this subsection (a); (2) if a judgment of conviction was reversed or vacated, all appeals relating thereto have been concluded and the individual will not be retried; or (3) if a retrial has occurred, the trier of fact has rendered a verdict of complete acquittal, and that expungement will not adversely affect the investigation or prosecution of some other person or persons for the crime. (c) If an order directing the expungement of any DNA record and any samples, analyses or other documents relating to the DNA testing of the individual is issued, the record and any samples, analyses, or other documents may, at the discretion of the possessor thereof, be destroyed or returned to the individual or to the attorney who represented the individual in connection with the application for the order of expungement. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, pp. 149, 150.

A person who was convicted of and sentenced for an offense may file a written petition with the sentencing court to require the DNA testing and analysis of any evidence that meets the following criteria: (1) The evidence is in the possession or control of a court, the Territory or otherwise contained in the Virgin Islands DNA database established under law; (2) The evidence is related to the investigation or prosecution that resulted in the person's conviction; and (3) The evidence may contain biological matter that is subject to DNA testing and analysis. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, p. 150.

If any provision or, part of this chapter is held unconstitutional or otherwise invalid, the invalidity does not affect other provisions or application of this section which can be given effect without the invalid provision or application, and to this end the provision of this section are severable. History: Added Sept. 20, 2010, No. 7193, § 1, Sess. L. 2010, p. 150.

The Legislature hereby finds and declares that: (1) The Government has a basic obligation to protect the public by providing institutional confinement and care of offenders and, where appropriate, treatment in the community; (2) Efforts to rehabilitate and restore criminal offenders as lawabiding and productive members of society are essential to the reduction of crime; (3) Upgrading of correctional institutions and rehabilitative services deserves priority consideration as a means of lowering crime rates and of preventing offenders, particularly youths, first offenders, and misdemeanants, from becoming trapped in careers of crime; and (4) Correctional institutions and services should be so diversified in programs and personnel as to facilitate individualized treatment. The purpose of this chapter is to provide for the custody, care, discipline, training, treatment and study of persons committed to correctional institutions or on probation or parole, and to supervise and assist in the treatment, training and study of persons in correctional and detention facilities, so that such persons may be prepared for release, aftercare and supervision in the community. History: Added Oct. 28, 1977, No. 4054, § 3, Sess. L. 1977, p. 248; amended June 24, 1987, No. 5265, § 402(a)(1), Sess. L. 1987, p. 54.

As used in this chapter: (a) "Adult" means a person eighteen years of age or older, or a juvenile transferred from the Family Division to a Court of competent jurisdiction pursuant to section 2508 of this title, and committed to the custody of the Bureau of Corrections for incarceration and the service of sentence. (b) "Bureau" means the Bureau of Corrections in section 4503(a). (c) "Juvenile", "minor", or "youthful" means a person less than eighteen years of age. (d) "Offender" means any person convicted of a crime or offense under the laws of the Virgin Islands. (e) "Institution" means a prison, penitentiary, jail, workhouse, training school, or other facility operated by the Government of the Virgin Islands for the correction of offenders. (f) "Detention" means the temporary care of juveniles and adults who require secure custody for their own or the community's protection in a physically restricting facility. (g) "Director" means the Director of the Bureau of Corrections. (h) "Halfway house" means a community based and oriented facility which may provide "live-in" accommodations for offenders who are assisted to obtain and hold regular employment; to enroll in and maintain academic courses; to participate in vocational training programs; to utilize the resources of the community in meeting their personal and family needs; and to participate in whatever specialized programs exist within the halfway house. (i) "Professional employee" means any employee whose work is predominantly intellectual and varied in character; requires consistent exercise of discretion and judgment; requires knowledge of an advanced nature in a field of science or learning customarily acquired by prolonged study in an institution of higher learning; or is of such character that the output or result accomplished cannot be standardized in relation to a given period of time; and who is compensated for his services on a salary or fee basis. (j) [Deleted.] History: Added Oct. 28, 1977, No. 4054, § 3, Sess. L. 1977, p. 248; amended June 24, 1987, No. 5265, § 402(a)(2), Sess. L. 1987, p. 55; July 24, 1997, No. 6140, § 3, Sess. L. 1997, p. 37; Apr. 12, 2008. No. 6997, § 4(a), Sess. L. 2008, p. 56.

(a) A Bureau of Corrections is continued as an independent bureau within the Executive Branch of the Government. (b) The Director of Corrections, in cooperation with the Director of Personnel, shall establish minimum qualifications standards for correctional personnel; shall develop new personnel classification positions to enable paraprofessionals, volunteers and ex-offenders except those who were former police officers, to perform appropriate correctional services; and shall arrange with appropriate agencies to provide pre- employment training and educational opportunities to such individuals to enable them to meet minimum qualifications standards, and to make available in-service training to Bureau personnel. (c) The Director of Corrections is authorized to enter into agreements to use the correctional or detention facilities of the United States Bureau of Prisons; or the correctional facilities of any state or local government or private correctional entity located in the United States, its territories, possessions, commonwealths or the District of Columbia, which are accredited by the American Correctional Association, when the Director of Corrections determines that detention and/or correctional facilities within the Virgin Islands are inadequate to serve the best interest of the inmate or the general interest or welfare of the Territory; provided that as a condition of and prior to the transfer of any inmates, the Director of Corrections shall ascertain and insure the availability of educational and/or vocational programs at the institution they are to be transferred to for the purpose of enabling such inmates to gain marketable skills, and provided further that no inmate is to be transferred to any institution lacking any such program(s). History: Added Oct. 28, 1977, No. 4054, § 3, Sess. L. 1977, p. 249; amended Jan. 26, 1978, No. 4087, Sess. L. 1978, p. 10; Jan. 22, 1980, No. 4399, § 1, Sess. L. 1980, p. 3; June 24, 1987, No. 5265, § 402(a)(3), (4), Sess. L. 1987, p. 55; July 24, 1997, No. 6141, § 1, Sess. L. 1997, p. 38; Apr. 12, 2008, No. 6997, § 4(b), (c), Sess. L. 2008, p. 56.

(a) The Bureau shall be completely responsible for the maintenance, supervision and administration of the following institutions and services: (1) All institutions within the Virgin Islands for the care, custody and correction of persons detained or committed for felonies or misdemeanors. (2) Probation services for courts having jurisdiction over adult criminal offenders. (3) Parole services for persons committed by criminal courts to institutions within the Bureau. The parole board established by chapter 407 of this subtitle shall be continued and shall be responsible for those duties specified in said chapter 407. (b) The Bureau may establish and operate institutions for misdemeanants. (c) The Bureau shall administer the Virgin Islands' share of all federal funds for corrections related purposes made available under Title I of the Omnibus Crime Control and Safe Streets Act of 1968 or any succeeding federal law. (d) The Bureau shall establish programs of research, statistics and planning, including evaluations of the performance of the various functions of the Bureau and the effectiveness of the treatment of offenders. (e) The Bureau shall make an annual report to the Director of Corrections on its activities, including statistical and other data; accounts of research work; analysis and evaluation of the adequacy and effectiveness of personnel, institutions and services; and recommendations for legislation affecting the Bureau. Copies of the report shall be provided to each member of the Legislature. (f) The Director of Corrections shall develop a suitable administrative structure providing for divisions and services to accomplish the purposes, goals and programs required by this chapter, including, but not limited to, the following: (1) Females committed to the Bureau shall be housed in appropriate institutions or quarters separate from those for males. (2) The Bureau shall provide for the administration of all institutions by professional corrections personnel. (g) The Bureau shall provide secured storage areas on the outside grounds within the secured perimeter area of all institutions under its control for use by employees who are licensed to carry firearms. (h) The Director of Corrections and the Commissioner of the Department of Human Services shall ensure that each prison and detention facility under their control provides a secure firearm storage at the facility, for use by all persons who are licensed to carry a firearm, and for use by all persons employed by the Bureau at The Youth Rehabilitation Center, or allows employees authorized to carry a firearm to store their firearm in a Bureau or Department-approved vehicle lockbox. (i) Correctional officers employed in juvenile or adult medium or higher-security detention centers may carry non-lethal weapons, such as tasers, batons, pepper spray or other devices approved by the agency head upon certification. (j) For the purposes of this section "non-lethal weapons" means weapons that are explicitly designed and primarily employed so as to incapacitate personnel and material, while minimizing fatalities, permanent injury, and undesired damage to property and the environment. History: Added Oct. 28, 1977, No. 4054, § 3, Sess. L. 1977, p. 250; amended June 24, 1987, No. 5265, § 402(a)(5), Sess. L. 1987, p. 55; Apr. 12, 2008, No. 6997, § 4(c), Sess. L. 2008, p. 56; amended May 27, 2016, No. 7877, §§ 1, 2, Sess. L. 2016, p. 87, 88.

The Bureau shall cooperate with the courts and with public and private agencies and officials to assist in attaining the purposes of this chapter. The Bureau may enter into agreements with agencies of Federal or Territorial government and with private agencies concerning the discharge of its responsibilities or theirs. Commitment to institutions within the jurisdiction of the Bureau shall be to the Bureau, not to a particular institution. The Director of Corrections shall assign a newly committed inmate to an appropriate institution. He may transfer an inmate from one institution to another, consistent with the commitment and in accordance with treatment, training and security needs. History: Added Oct. 28, 1977, No. 4054, § 3, Sess. L. 1977, p. 251; amended June 24, 1987, No. 5265, § 402(a)(6), Sess. L. 1987, p. 55; Apr. 12, 2008, No. 6997, § 4(c), Sess. L. 2008, p. 56.

The Bureau shall provide diagnostic facilities to make social, medical, psychological and other appropriate studies of persons committed to its care. At the request of any sentencing court, and in accordance with standards established by the Bureau, diagnostic services shall be provided for any person who has been convicted, is before the court for sentencing, and is subject to commitment to the Bureau. A report of the findings shall be furnished to the court. To the maximum extent feasible, diagnostic services shall be made available in community-based institutions. History: Added Oct. 28, 1977, No. 4054, § 3, Sess. L. 1977, p. 251.

The Director of Corrections may arrange for the transfer of an inmate for observation and diagnosis to appropriate departments or institutions, provided that he has obtained the prior consent of the administrators of the agencies involved. If the inmate is found, upon appropriate examination, to be in need of civil commitment for psychosis or other mental illness, or mental retardation, the Director of Corrections shall initiate legal proceedings for the commitment. While the inmate is in another institution his sentence shall continue to run. When, in the judgment of the administrator of the institution to which an inmate has been transferred, he has recovered from the condition which occasioned the transfer, the administrator shall provide for his return to the Bureau, unless his sentence has expired. History: Added Oct. 28, 1977, No. 4054, § 3, Sess. L. 1977, p. 252; amended June 24, 1987, No. 5265, § 402(a)(6), Sess. L. 1987, p. 55; Apr. 12, 2008, No. 6997, § 4(c), Sess. L. 2008, p. 56.

(a) Persons committed to the institutional care of the Bureau shall be dealt with humanely, with efforts directed to their rehabilitation and return to the community as safely and promptly as practicable. For these purposes, the Director of Corrections shall establish programs of classification and diagnosis, education, casework, counseling and psychotherapy, vocational training and guidance, work, library and other rehabilitation services; he may establish religious programs; and he shall institute procedures for the study and classification of inmates. The Director of Corrections shall maintain a comprehensive record of the behavior of each inmate reflecting accomplishments and progress toward rehabilitation as well as charges of infractions of rules and regulations, punishments imposed and medical inspections made. (b) The Director of Corrections shall establish and prescribe standards for health, medical and dental services for each institution, including preventive, diagnostic and therapeutic measures on both an outpatient and a hospital basis, for all types of patients. An inmate may be taken, when necessary, to a medical facility outside the institution. (c) Under rules prescribed by the Bureau, heads of institutions may authorize visits and correspondence, under reasonable conditions, between inmates and appropriate friends, relatives and others. (d) The Director of Corrections shall promulgate regulations under which inmates, as part of a program looking to their release from the custody of the Bureau, or their treatment, may be granted temporary furloughs from an institution to visit their families or to be interviewed by prospective employers. (e) The Director of Corrections shall prescribe rules and regulations for the maintenance of good order and discipline in institutions, including procedures for dealing with violations. A copy of the rules shall be provided to each inmate. History: Added Oct. 28, 1977, No. 4054, § 3, Sess. L. 1977, p. 252; amended June 24, 1987, No. 5265, § 402(a)(6), Sess. L. 1987, p. 55; Apr. 12, 2008, No. 6997, § 4(c), Sess. L. 2008, p. 56.

(a) The Bureau of Corrections may require of any able-bodied prisoner as many hours of faithful labor in each and every day during his term of imprisonment as shall be prescribed by the Director of Corrections. However, under no circumstances, nor at any time, shall a prisoner be required to work more than eight (8) hours per day. (b) The Bureau shall adopt and put into effect an agricultural, landscaping, industrial production program and such other programs as may be useful within this Territory, including programs that use various technologies and related professional skills, and shall provide training facilities for inmates under its control and supervision. To the extent feasible, equipment, management practices and general procedures shall approximate normal conditions of employment. (c) The Bureau may cause to be manufactured, processed, or produced by the inmates under its control and supervision such items as are practical and adaptable for prison industry and are needed and used in the Bureau and in other government departments and agencies. The Bureau shall give priority to the implementation of those activities and services that will directly assist in reducing the reliance of the Bureau upon external sources of supply in the areas of agriculture, animal husbandry, and the allied craft trades that are capable of producing a fiscal benefit to the Territory and which will facilitate self-sufficiency for the inmates, the Bureau and other units of Government. Tax-supported departments, agencies and institutions of the Government shall give preference to the purchase of inmates products and services. (d) The Bureau shall enter into agreements with the Department of Public Works and other government departments and agencies to use the services of inmates for road beautification, landscaping, public building maintenance and repairs and other similar work when it is determined by the Bureau that such services will not be detrimental to the welfare of such inmates or the interests of the public in a program of rehabilitation; except that participation by inmates shall be voluntary. (e) The employment of any inmate pursuant to this section shall not result in the displacement of employed workers, and shall not impair existing contracts for services. (f) Only able-bodied prisoners classified as medium-security or minimum-security shall be eligible to work outside of the Bureau. Inmates shall not be used for work outside of the Bureau without being supervised. (g) The Director of Corrections may adopt rules governing work and supervision of inmates outside of the Bureau in public works and other projects, which rules shall include but shall not be limited to the proper screening and supervision of the inmates. The education, work experience, emotional and mental abilities, and physical capabilities of the inmate and the length of sentence imposed on the inmate shall be analyzed before assignment of the inmate into the various areas best suited for him. (h) No person convicted of first-degree murder, aggravated rape, rape in the first degree, unlawful sexual contact in the first degree, or kidnapping with intent to commit rape as defined in Title 14 of this Code shall be eligible to work outside of the Bureau of Corrections. (i) Inmate work crews shall be attired in standard prison uniform when working in the community. (j) Inmates who are engaged in productive work shall be compensated at rates fixed by the Director of Corrections for work performed. Such compensation shall be in accordance with a schedule based on quality and quantity of work performed and skill required for performance. The Bureau shall be reimbursed by the Department of Public Works or any other government department or agency for the services of inmates and corrections officers in such amounts as may be determined by agreement between the Bureau and the head of the department or agency or by any gift, donation or bequest received from any other source. No inmate compensated under this section shall be considered an employee of the Government or the Bureau, nor shall such inmate come within any other provision of the Worker's Compensation Act. (k) The Bureau shall require that the income paid any inmate for work permitted under this section be deposited in a depository or account maintained by the Bureau to the credit and for the benefit of the inmate. The Bureau shall withdraw from the depository or account and use such funds as are necessary to meet the obligations of such inmate, which obligations shall be paid in the following order: (1) restitution ordered by a court of competent jurisdiction to the victim of the criminal act; (2) payment of fines pursuant to a court order, and support of dependents pursuant to a court order; (3) support of the inmate's family; (4) payment of any legally recognized debts outstanding; and (5) reimbursement to the Territory for lodging, food, transportation and other expenses incurred for sustaining the inmate. The reimbursement provided for under this item shall also include the cost associated with providing electronic monitoring device(s) used when the inmate is not in jail. The balance of funds, which funds shall not be lower than twenty percent (20%) of the income earned by the inmate, shall be returned to the inmate with proper accounting immediately upon the completion of his sentence or his release on parole by the Bureau. (l) The Bureau may grant any inmate serving a sentence, the balance of which does not exceed three years, the privilege of temporarily leaving the institution during necessary and reasonable hours, including overnight stays in approved community institutions or halfway houses as prescribed in subsection (m) of this section, for any of the following purposes: (1) seeking employment; (2) working at his employment; or (3) attending an educational institution. (m) The Bureau shall establish administrative and fiscal procedures to permit the use of approved community institutions or halfway houses for the placement of inmates temporarily released for the purposes enumerated in subsection (l) of this section. History: Added Oct. 28, 1977, No. 4054, § 3, Sess. L. 1977, p. 253; amended June 10, 1981, No. 4560, Sess. L. 1981, p. 55; June 24, 1987, No. 5265, § 402(a)(6), Sess. L. 1987, p. 55; Sept. 27, 1991, No. 5720, § 1, Sess. L. 1991, p. 59; Sept. 14, 1999, No. 6292, § 1, Sess. L. 1999, p. 82; Apr. 12, 2008, No. 6997, § 4(c), Sess. L. 2008, p. 56; amended Oct. 13, 2014, No. 7653, § 1, Sess. L. 2014, p. 259.

Continuation (a) The Board of Parole in the Virgin Islands is established within the Bureau of Corrections. Composition; appointment and qualifications of members (b) The Board shall be composed of eight members, as follows: (1) The Attorney General of the Virgin Islands, who shall serve as a member ex officio, without vote; and (2) Seven members appointed by the Governor with the advice and consent of the Legislature. Of the seven members appointed by the Governor, at least three shall be citizens residing in the area comprising St. Thomas and St. John, and at least three shall be citizens residing in St. Croix. No officer or employee of the Judicial Branch of the Government or any division, bureau, or other unit within the Department having supervision, direction or management of the Police Force shall be appointed as a member of the Board. Terms of members; vacancies (c) All members shall serve for a period of two years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor. Chairman (d) The Board shall elect annually one of its members to serve as its Chairman. Removal of members (e) The members may be removed by the Governor for cause. Additional functions of Board (f) In addition to the performance of its functions prescribed by law, the Board shall perform such functions as the Commissioner prescribes, or as required by Federal law. [Clerical help] (g) The Board is authorized to employ such clerical help as needed to carry out its functions as required by law. [Per diem] (h) In addition to necessary travel expenses, each appointed member of the Board shall receive $50 for each day, or part thereof, on which the Board meets. History: Amended May 16, 1957, No. 160, §§ 9, 108, Sess. L. 1957, p. 22, 60; Jan. 2, 1958, No. 261, Sess. L. 1957, p. 217; June 24, 1958, No. 335, § 12, Sess. L. 1958, p. 113; June 7, 1961, No. 698, § 3, Sess. L. 1961, p. 49; Feb. 11, 1969, No. 2402, Sess. L. 1969, p. 38; Mar. 14, 1978, No. 4105, § 1, Sess. L. 1978, p. 39; Oct. 14, 1986, No. 5206, § 115(a)(2), Sess. L. 1986, p. 242; June 24, 1987, No. 5265, § 402(a)(7), Sess. L. 1987, p. 55; Sept. 28, 1990, No. 5636, § 1(b)(2), Sess. L. 1990, p. 346; amended June 26, 2017, No. 8002, § 3, Sess. L. 2017, p. 32.

For the purposes of promoting effective management of the Board of Parole and the faithful execution of the laws of the Virgin Islands, the Governor of the Virgin Islands shall act expeditiously to submit to the Legislature the appointments of members to fill vacancies in the membership of the said Board resulting from expiration of term or other cause. History: June 7, 1961, No. 698, § 1, Sess. L. 1961, p. 48.

(a) The Director of Corrections, whenever he deems it necessary in the public interest, may designate a certain area immediately adjacent to any correctional facility as a reservation into which entrance is restricted to authorized persons. Any area so designated shall be clearly defined as such in rules and regulations promulgated by the Director of Corrections. (b) Any area designated a restricted reservation pursuant to subsection (a) of this section shall be posted with warning signs sufficiently spaced to give reasonable notice that unauthorized entry into the area is a crime. Each sign shall, at a minimum, have printed thereon in large letters information that the area is restricted, that the area is a Correctional Facility Reservation, and that unauthorized entry is a crime under Virgin Islands Law. History: Added May 16, 1980, No. 4428, § 1, Sess. L. 1980, p. 48; amended June 24, 1987, No. 5265, § 402(a)(8), Sess. L. 1987, p. 55; Apr. 12, 2008, No. 6997, § 4(c), Sess. L. 2008, p. 56.

Any peace officer or any person employed as a watchman, guard, correctional officer, or in a supervisory capacity at any correctional facility in the Virgin Islands is authorized to stop, frisk and question any person found in any area designated and posted as restricted pursuant to section 4512 of this chapter. If any person so stopped and questioned fails to demonstrate to his examiner's satisfaction that he or she is authorized to be in the restricted area, the examiner, if he is a peace officer, may arrest such person without a warrant on the charge of trespass. History: Added May 16, 1980, No. 4428, § 2, Sess. L. 1980, p. 48.

History: Repealed. Oct. 28, 1977, No. 4054, § 2, Sess. L. 1977, p. 247. Cite as: 5 V.I.C. § 4531, 4532

(a) Each prisoner confined in a prison or jail in the Virgin Islands for a definite term other than for life, whose record of conduct shows that he has faithfully observed all the rules and has not been subjected to punishment, shall be entitled to a deduction from the term of his sentence beginning with the day on which the sentence commences to run, to be credited as earned and computed monthly as follows: Six days for each month of time served. (b) A person convicted and sentenced to confinement for more than one year shall receive a reduction of sentence as follows: (1) (A) If the person has not graduated from an accredited high school and obtained a high school diploma or has not obtained a General Educational Development Certificate (GED) before being confined, upon successful completion of a GED while confined, evidenced by a certificate from a recognized GED program, the person's sentence must be reduced by three months. (B) For obtaining a two year degree (Associate Degree) from an accredited college or university the person's sentence must be reduced by six months. (C) For obtaining a four-year degree (Bachelors Degree) from an accredited college or university the person's sentence must he reduced by twelve months. (D) For completion of drug and rehabilitation programs offered by the confining institution his sentence shall be reduced be three weeks. (E) For a technical or vocational certificate from a recognized institution approved by the confining institution his sentence may be reduced for not more than eight months at the discretion of the institution and approval of the parole board. (F) A person confined to an institution by a court of the Virgin Islands for ten years or more and the person has worked outside of the institution performing duties for a government department or agency for more than one year and has no administrative infractions outside of the institution or disciplinary charges inside of the institution, may be reduced for not more than six months at the discretion of the institution and approval of the parole board. (2) The reductions in sentence under this subsection are separate and apart from those in subsection (a) and once earned, may not be forfeited except for the commission of a noted disciplinary infraction while confined. History: Amended July 30, 2015, No. 7741, § 1, Sess. L. 2015, p. 30.

A prisoner shall be released at the expiration of his term of sentence less the time deducted for good conduct. A certificate of such deduction shall be entered on the commitment by the officer in charge of the prison or jail.

A prisoner having served his term or terms less good time deductions shall, upon release, be deemed as if released on parole until the expiration of the maximum term or terms for which he was sentenced less 180 days.

(a) If during the term of imprisonment a prisoner commits any offense or violates the rules of the institution, all or any part of his earned good time may be forfeited. (b) The Police Commissioner may restore any forfeited good time or such portion thereof as he deems proper. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Except for a prisoner sentenced to a term of life imprisonment without parole, every prisoner confined in any penitentiary, jail or prison for a violation of the Virgin Islands law for a definite term or terms of over 180 days or for the term of his natural life, whose record of conduct shows that he has observed the rules of the institution in which he is confined, upon recommendation of the Director of the Bureau of Corrections supported by the recommendation of a psychiatrist and/or psychologist, may be released on parole after serving one-half of such term or terms or after serving 15 years of a life sentence or of a sentence of 30 years or more or after serving the minimum sentence required by law, whichever is greater; Provided, however, That the Board of Parole, in its discretion by at least a two-thirds affirmative vote of all its members, upon recommendation by the Directors of the Bureau of Corrections, supported by the recommendation of a psychiatrist and/or psychologist, is authorized to fix an earlier eligibility date for the release of a prisoner on parole after serving one-third of his term or terms or after serving 10 years of a life sentence or of a sentence of 30 years or more. History: Amended Apr. 18, 1967, No. 1919, § 3, Sess. L. 1967, p. 113; Feb. 17, 1972, No. 3165, Sess. L. 1972, p. 10; Nov. 29, 1972, No. 3332, Sess. L. 1972, p. 506; May 1, 1974, No. 3560, § 2, Sess. L. 1974, p. 87; July 7, 1981, No. 4585, Sess. L. 1981, p. 81; July 24, 1997, No. 6141, § 3, Sess. L. 1997, p. 38.

The Board of Parole provided for in section 256 of Title 3 shall meet semiannually, at Richmond Penitentiary, during the first week in June and the first week in December of each year. Special meetings of the Board may be called at any time by the Chairman. The Board shall elect its own officers other than the Chairman. The Secretary of the Board shall keep a full and correct record of the proceedings of each meeting of the Board. The affirmative votes of three members of the Board shall be necessary to authorize any action of the Board and the names of the members so voting shall be entered on the record of the proceedings of the Board.

Application for parole shall be made in writing. No application shall be considered unless the prison records show that the applicant's conduct has been uniformly excellent for at least six (6) months immediately preceding the date of such application and that the applicant has served the minimum time fixed by section 4601 of this title.

If it appears to the Board of Parole from a report by the proper officers of the penitentiary, prison or jail or upon application by a prisoner for release on parole that there is a reasonable probability that such applicant will live and remain at liberty without violating the laws and if in the opinion of the Board such release is not incompatible with the welfare of society, the Board may, in its discretion, authorize the release of such applicant on parole. The parolee shall be allowed to go outside of the penitentiary, prison or jail, upon such terms and conditions, as the Board of Parole prescribes. The Board of Parole shall issue findings in support of its decision concerning the grant of parole, to include the terms and conditions of release. While on parole, the parolee shall not depart from the Virgin Islands except on written permission from the Board, and upon such conditions as it may prescribe. A parolee shall not frequent places where intoxicating liquors are sold; shall not associate with persons of bad repute; shall conduct himself honorably and work diligently; and shall not violate any laws. History: Amended June 29, 1990, No. 5580, Sess. L. 1990, p. 244; July 24, 1997, No. 6141, § 4, Sess. L. 1997, p. 39.

(a) Violation of any of the conditions of parole shall subject the parolee to arrest upon a warrant issued by the Police Commissioner, any member of the Board of Parole or the Chief Probation and Parole Officer of the Virgin Islands; Provided, however, That a parole officer is authorized to arrest a parolee without a warrant in cases where a parole violation is committed in his presence. (b) Any parolee arrested pursuant to subsection (a) of this section shall be given an opportunity to appear before the Board of Parole by submitting a written request therefor to the Police Commissioner, who shall request the Board to conduct a hearing at the next regular or special meeting of the Board. The Board may, after any such hearing, discharge the parolee from custody, revoke the order of parole, or release the parolee on such terms and conditions as the Board shall prescribe. (c) For the purpose of conducting hearings provided for in subsection (b) of this section, any member of the Board of Parole or the Police Commissioner or his designee shall be authorized to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of documents relating to the investigation of parole violations. (d) If the order of parole is revoked, the parolee shall continue to serve the remainder of the sentence originally imposed, and the time that the parolee was out on parole shall not be taken into account to reduce the time for which he was sentenced; Provided, however, That a parolee who has been recommitted may be reparoled at the discretion of the Board of Parole. History: Amended Apr. 18, 1967, No. 1919, § 4, Sess. L. 1967, p. 114; Apr. 21, 1969, No. 2460, Sess. L. 1969, p. 115; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) Whenever the Territorial Parole Board shall order the parole of an inmate, the Board, unless it finds compelling circumstances which would render a plan of restitution unworkable, shall order as a condition of parole that the parolee make restitution to the victim for the damage or loss caused by the parolee's crime, in an amount and manner specified in the Journal entry of the court that sentenced the inmate. (b) Unless waived by the victim the Territorial Parole Board shall with at least 30 days prior notice advise the victim of the following: (1) that an inmate is being considered for parole; (2) the date of the parole hearing; and (3) the victim's right to submit documents to and provide testimony before the board at the hearing. (c) The notification must include the parolee's full name, including any known nicknames, the parolee's release date and the location where the parolee will be released. The Parole Board shall notify the victim either by a phone call, by email, or by serving the victim by a person authorized to serve summons and complaints in the Territory. (d) The Territorial Parole Board shall notify the victim at least 48 hours prior to an inmate being paroled. History: Added April 12, 1982, No. 4693, § 3, Sess. L. 1982, p. 56; amended Oct. 15, 2013, No. 7519, § 1, Sess. L. 2013, p. 120, 121; amended Apr. 11, 2022, No. 8551, § 2(a), (b), Sess. L. 2022, p. 93.

(a) Terminally ill, permanently incapacitated, or geriatric prisoners will be eligible to apply for administrative release without post-release supervision, either by an application from the Bureau of Corrections, the prisoner, a family member, or a designee if it is determined that the prisoner no longer poses a threat to the community or themselves. (b) Definitions. As used in this section, the following terms have the following meanings: (1) "Geriatric parole release" means the administrative release from prison of a geriatric prisoner without post-release supervision. (2) "Geriatric prisoner" means a prisoner who is 65 years of age or older and who suffers from a chronic life-threatening illness or serious age-related medical condition, who requires assistance with necessary daily life functioning and poses a low risk of danger to the community and who does not constitute a danger to self. (3) "Medical documentation" means all communications written, printed recorded or stored in any form about a person's medical or mental health care, including information concerning a prisoner's medical history and reports of examinations from a duly licensed physician providing a diagnosis of the condition, disease or syndrome that afflicts the prisoner; a prognosis concerning the likelihood of the prisoner's recovery from the condition, disease or syndrome; a description of a prisoner's physical incapacity, if applicable; and a prisoner's records from a hospital, clinic or other healthcare facility. (4) "Medical parole release" means the administrative release from prison of a terminally ill or permanently incapacitated prisoner without post-release supervision. (5) "Non-medical geriatric prisoner" means a prisoner who is 65 years of age or older and who does not suffer from a chronic life-threatening illness, or serious age-related medical condition, who does not require assistance with necessary daily life functioning and who poses a low risk of danger to the community and who does not constitute a danger to self. The prisoner has completed available training and presented him or herself as a prisoner who has been rehabilitated. (6) "Non-medical geriatric parole release" means the administrative release of a geriatric prisoner from prison without post-release supervision. (7) "Permanently incapacitated prisoner" means a prisoner who, by reason of an existing physical or mental condition that is not terminal, is permanently and irreversibly physically incapacitated and who has such limited physical strength or capacity that the prisoner poses an extremely low risk of physical threat to self or the community. (8) "Terminally ill prisoner" means a prisoner who has an incurable condition caused by illness or disease that is expected to produce death within 18 months, within a reasonable degree of medical certainty, and who does not constitute a danger to self or the community. (c) Medical parole release. A terminally ill or permanently incapacitated prisoner may be considered for medical parole release by the Board of Parole. However, this section does not apply to a prisoner who was convicted and sentenced to a term of imprisonment without the possibility of parole. (1) The Bureau of Corrections shall establish an application for medical parole release which must include the prisoner's plan for residency and medical care if the Board of Parole grants medical parole release. (2) The Medical Director of the Bureau of Corrections shall identify terminally ill and permanently incapacitated prisoners for medical parole release based on medical documentation. No later than 30 days after receipt of all necessary medical documentation that a prisoner is terminally ill or permanently incapacitated, the Medical Director of the Bureau of Corrections, through the Director of the Bureau of Corrections, shall forward an application and the medical documentation to the Board of Parole for consideration for medical parole release. The Board of Parole shall decide a prisoner's eligibility for medical parole release no later than 60 days after receiving the application and medical documentation from the Bureau of Corrections. The prisoner retains the option of filing a Petition for Writ of Habeas Corpus if the Board of Parole does not act timely upon the application. (3) A prisoner or a prisoner's family member or designee may request consideration for medical parole release independently by applying and submitting medical documentation to the Bureau of Corrections. The Bureau of Corrections may require independent testing and examination by a physician to confirm a prisoner's diagnosis and prognosis. No later than 30 days after receipt of all necessary medical documentation to establish that a prisoner is terminally ill or permanently incapacitated, the Bureau of Corrections shall forward an application and the medical documentation to the Board of Parole for consideration for medical parole release. The Board of Parole shall decide a prisoner's eligibility for medical parole release no later than 60 days after receiving the application and medical documentation from the Bureau of Corrections. (4) A prisoner who has an immigration detainer may be considered for medical parole release. (5) The authority to grant medical parole release rests solely with the Board of Parole. This section does not grant a right or entitlement to medical parole release. (6) The provisions for medical parole release set forth in this section are in addition to any other form of release for which a prisoner may be eligible. (d) Geriatric parole release. Notwithstanding any other law to the contrary, a geriatric prisoner may be considered for geriatric parole release by the Board of Parole. (1) The Bureau of Corrections shall establish an application for geriatric parole release which must include the prisoner's plan for residency and medical care if the Board of Parole grants the geriatric parole release. (2) The Medical Director of the Bureau of Corrections shall identify geriatric prisoners for geriatric parole release based on medical documentation. If the Medical Director of the Bureau of Corrections determines that a prisoner may be eligible for geriatric parole release, the Medical Director, through the Director of the Bureau of Corrections, must forward an application and the medical documentation to the Board of Parole for consideration of the prisoner for geriatric parole release. (3) A prisoner, or a prisoner's family member or a designee may request consideration for geriatric parole release independently by applying and submitting medical documentation to the Bureau of Corrections. The Bureau of Corrections may also require independent testing and examination by a physician to confirm a prisoner's diagnosis and prognosis. The Bureau of Corrections shall forward an application for geriatric parole release and the medical documentation received from a prisoner or the prisoner's family member or designee to the Board of Parole for consideration of the prisoner for geriatric parole release. (4) In determining whether to grant geriatric parole, the prisoner's age may not be the primary factor. The Board of Parole shall consider the following factors: (A) The sentence imposed on the prisoner and the percentage of total time served; (B) The severity of illness, disease, or infirmities; (C) The prisoner's age; (D) The prisoner's institutional behavior; (E) The prisoner's criminal history; and (F) The prisoner's level of danger to self or the community. (5) The authority to grant geriatric parole release rests solely with the Board of Parole. This section does not grant any right or entitlement to geriatric parole release. (e) Non-medical geriatric parole release. Notwithstanding any other law to the contrary, a non-medical geriatric prisoner may be considered for non-medical geriatric parole release by the Board of Parole. (1) The Bureau of Corrections shall establish an application for non-medical geriatric parole release which must include the prisoner's plan for residency if granted non-medical geriatric parole release by the Board of Parole. (2) The Director of the Bureau of Corrections shall forward an application and the medical documentation to the Board of Parole for consideration of the prisoner for non-medical geriatric parole release. (3) A prisoner, or a prisoner's family member or a designee may request consideration for non-medical geriatric parole release independently by applying to the Bureau of Corrections. The Bureau of Corrections shall forward an application for non-medical geriatric parole release and the documentation from a prisoner or a prisoner's family member or designee to the Board of Parole for consideration of the prisoner for non-medical geriatric parole release. (4) In determining whether to grant geriatric parole release, age of the prisoner may not be the primary factor. The Board of Parole shall consider the following factors: (A) The sentence imposed on the prisoner and percentage of total time served; (B) The ability of the prisoner to contribute as a private citizen in the community; (C) The prisoner's age; (D) The prisoner's institutional behavior; (E) The prisoner's criminal history; (F) The prisoner must be considered low risk as determined by a forensic psychiatrist or psychologist; and (G) The prisoner's level of danger to self and the community. (5) The authority to grant non-medical geriatric parole release rests solely with the Board of Parole. This section does not grant any right or entitlement to non-medical geriatric parole release. Prisoners do not have the right to appeal the decision of the Board of Parole. Prisoners have the right to submit a new application if non-medical geriatric parole release is not granted. (6) A prisoner who is sentenced to imprisonment on or after the prisoner's 62nd birthday shall serve at least 40% of the sentence imposed by the presiding judicial officer before the prisoner is eligible for consideration or release under this section. (7) The provisions for non-medical geriatric parole release set forth in this section are in addition to any other form of release for which a prisoner may be eligible. History: Added Jan. 20, 2024, No. 8791, § 1(b), Sess. L. 2023, p. -.

The Legislature hereby finds and declares that the interests of protecting society and rehabilitating individuals charged with violating criminal laws can best be served by creating new and innovative alternatives for treatment and supervision within the community; that in many cases, society can best be served by diverting the accused to a voluntary community oriented correctional program; that such diversion can be accomplished in appropriate cases without losing the general deterrent effect of the criminal justice system; that the retention of the deferred charges will serve both as a deterrent to committing further offenses and as an incentive to complete rehabilitative efforts; and that alternatives to institutionalization which provide for the educational, vocational and social needs of the accused will equip him to lead a lawful and useful life. History: Added Sept. 19, 1974, No. 3621, Sess. L. 1974, p. 227.

The district and superior courts shall have jurisdiction to divert to a program of community supervision and services, any person who is charged with any offense or offenses against the Government of the Virgin Islands, except murder, kidnapping, assault in the first or second degree, rape in the first degree and arson in the first degree, for which a term of incarceration may be imposed and over which the district or superior courts may exercise final jurisdiction, specifically limited to those who: (a) have not previously been convicted of a violation of any law of the Virgin Islands or of any other territory or state of the United States in any criminal court proceeding after having reached the age of seventeen years, except for minor traffic violations for which no term of incarceration may have been imposed; (b) do not have any outstanding warrants, continuances, appeals, or criminal cases pending before any courts of the Territory or of any other territory or state of the United States; (c) receive a recommendation from a program of community supervision and services that they would, in light of the capacities of and guidelines governing it, benefit from participation in such a program. (d) A defendant diverted to the Superior Court's Pretrial Intervention Program shall pay an administrative fee for monitoring and supervising services in the amount of $200.00. History: Added Sept. 19, 1974, No. 3621, Sess. L. 1974, p. 227; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Sept. 28, 2001, No. 6463, § 27(a)(3), Sess. L. 2001, p. 275.

As used in this chapter, subject to the provisions of section 4612 of this chapter, the term- (1) "eligible individual" means any person who is charged with an offense against the Government of the Virgin Islands, except murder, kidnapping, assault in the first or second degree, rape in the first degree and arson in the first degree, over which the district or Superior Courts may exercise final jurisdiction, and who is recommended for participation in a program of community supervision and services by a director thereof and the Attorney General or U.S. Attorney; (2) "program of community supervision and services" may include, but is not limited to medical, educational, vocational, social and psychological services, correctional and preventive guidance, training, counseling, provision for residence in a halfway house or rehabilitative service designed to other suitable place, and other rehabilitative services designed to protect the public and benefit the individual; (3) "plan" includes those elements of the program which an individual needs to assure that he will lead a lawful life style; (4) "committing officer" means any judge of the Virgin Islands authorized to commit any person on a criminal charge; and (5) "director" means a person designated by the Chief Judge of the district court and the Chief Justice of the Supreme Court as chief administrator of a program of community supervision and services in accordance with section 4619 of this chapter. History: Added Sept. 19, 1974, No. 3612, Sess. L. 1974, p. 228; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; amended July 30, 2016, No. 7888, § 9(a), Sess. L. 2016, p. 113.

The director of a program of community supervision and services shall, to the extent possible, interview each person charged with a criminal offense against the Government of the Virgin Islands whom he believes may be eligible for diversion in accordance with this chapter and, upon further verification that the person may be eligible, shall assist such person in preparing a preliminary plan for his release to a program of community supervision and services. History: Added Sept. 19, 1974, No. 3621, Sess. L. 1974, p. 229.

The committing officer may release any eligible individual to a program of community supervision and services if he believes that such individual may benefit by release to such a program and he determines that such release is not contrary to the public interest. Such release may be ordered at the time for the setting of bail, or at any time thereafter. In no case, however, shall any such individual be so released unless, prior thereto, he has voluntarily agreed to such program, and he has knowingly and intelligently waived, in the presence of the committing officer, any applicable statute of limitations and his right to speedy trial for the period of his diversion. History: Added Sept. 19, 1974, No. 3621, Sess. L. 1974, p. 229.

The director of a program of community supervision and services shall report on the progress of the individual in carrying out his plan at least once in each ninety-day period following the date on which an individual was released to a program of community supervision and services. A copy of each report shall be delivered to the Attorney General and filed with the committing officer. All such reports shall be confidential and kept under seal unless otherwise directed by the Court. History: Added Sept. 19, 1974, No. 3621, Sess. L. 1974, p. 229.

(a) For the ninety-day period following the date an eligible individual is released to a program of community supervision and services under this chapter, the criminal charge against such individual shall be continued without final disposition, except that the committing officer may extend such period for up to three years in the aggregate. (b) The committing officer, at any time, shall terminate such release, and the pending criminal proceeding shall be resumed when committing officer, upon the recommendation of the director, with the concurrence of the Attorney General or U.S. Attorney, finds such individual is not fulfilling his obligations under his plan, or the public interest so requires. (c) If the director certifies to the committing officer at the end of the period of diversion that the individual has fulfilled his obligations and successfully completed the program, the committing officer shall dismiss the charge against such individual. History: Added Sept. 19, 1974, No. 3621, Sess. L. 1974, p. 230.

The Chief Judge of the district court and the Chief Justice of the Supreme Court may appoint an advisory committee for a program of community supervision and services in each judicial division to be composed of a judge of the division, who shall serve as chairman, the Attorney General or his representative, and any other judge of the judicial division or persons residing in the judicial division so designated. The advisory committee may include persons representing social services or any other agencies to which persons released to a program of community supervision and services may be referred. The advisory committee shall plan for the implementation of any program of community supervision and services for each judicial division, and shall regularly review the administration and progress of any such program. All members of the committee shall serve without further compensation, except reimbursement for reasonable expenses necessary to their duties as members of the committee. History: Added Sept. 19, 1974, No. 3621, Sess. L. 1974, p. 230; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; amended July 30, 2016, No. 7888, § 9(a), Sess. L. 2016, p. 113.

In carrying out the provisions of this chapter, the Chief Judge of the district court or the Chief Justice of the Supreme Court are required to- (1) consult with the Judicial Council in the issuance of any regulations or policy statements with respect to the administration of each program of community supervision and services; (2) prepare reports for the Governor, the Legislature and the Judicial Council showing the progress of all programs of community supervision and services in fulfilling the purpose set forth in this chapter; (3) certify that adequate facilities and personnel are available to fulfill a plan of community supervision and services upon recommendation of the advisory committee for such district; (4) provide technical assistance to any agency of the Government of the Virgin Islands or to any nonprofit organization, which provides programs of community supervision and services to individuals charged with offenses against the law of the Virgin Islands; (5) accept voluntary and uncompensated services; (6) provide additional services to persons the charges against whom have been dismissed under this chapter, upon assurance of good behavior and if such services are not otherwise available; and (7) promote the cooperation of all agencies which provide education, training, counseling, legal, employment, or other social services under any act of the Legislature, to assure that eligible individuals released to programs of community supervision and services can benefit to the extent practicable. History: Added Sept. 19, 1974, No. 3621, Sess. L. 1974, p. 230; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; amended July 30, 2016, No. 7888, § 9(a), Sess. L. 2016, p. 113.

This chapter may be cited as the "Interstate Compact for Supervision of Adult Offenders". History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 116.

The Governor of the Virgin Islands shall enter into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, agreements or compacts for the supervision of parolees and probationers on behalf of the Virgin Islands with the Commonwealth of Puerto Rico, the District of Columbia and any and all other states of the United States legally joining therein in the form substantially as follows: The contracting states solely agree: (1) That it shall be competent for the duly constituted judicial and administrative authorities of a state, party to this compact, (herein called "sending state"), to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact, (herein called "receiving state"), while on probation or parole, if (a) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there; (b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there. Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person. A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted. (2) That each receiving state will assume the duties of visitation of and supervision after probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees. (3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person an probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state: PROVIDED, HOWEVER, That if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense. (4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference. (5) That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact. (6) That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state. (7) That this compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states, party hereto. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 116.

(a) The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and, when necessary, return offenders to the originating jurisdictions. The compacting states also recognize that congress, by enacting the crime control act, 4 U.S.C. Sec.112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. (b) It is the purpose of this compact and the interstate commission created hereunder, through means of joint and cooperative action among the compacting states: To provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. (c) In addition, this compact will: Create an interstate commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. (d) The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and are therefore public business. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 118.

As used in this compact, unless the context clearly requires a different construction: (a) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (b) "Bylaws" means those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct. (c) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact. (d) "Compacting state" means any state which has enacted the enabling legislation for this compact. (e) "Commissioner" means the voting representative of each compacting state appointed pursuant section 4635 of this compact. (f) "Interstate commission" means the interstate commission for adult offender supervision established by this compact. (g) "Member" means the commissioner of a compacting state or designee, who is a person officially connected with the commissioner. (h) "Noncompacting state" means any state that has not enacted the enabling legislation for this compact. (i) "Offender" means an adult placed under, or subject, to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities; corrections, or other criminal justice agencies. (j) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private. (k) "Rules" means acts of the interstate commission, duly promulgated pursuant to section 4640 of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states. (l) "State" means a state of the United States, the District of Columbia, Virgin Islands, Commonwealth of Puerto Rico, and any other territorial possessions of the United States. (m) "State council" means the resident members of the state council for interstate adult offender supervision created by each state under section 4635 of this compact. (n) "Victim" means a person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of criminal conduct against the person or a member of the person's family. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 119.

(a) The compacting states hereby create the "interstate commission for adult offender supervision." The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth herein; including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. (b) The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the interstate commission shall be ex officio, nonvoting members. The interstate commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary. (c) Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. (d) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. (e) The interstate commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the bylaws. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 120.

(a) The state council of Interstate Compact for the Supervision of Adult Offenders is established within the Department of Justice. (b) The state council shall be composed of seven members, as follows: (1) A member of the Legislature of the Virgin Islands, appointed by the President of the Legislature; (2) A judge from the Superior Court of the Virgin Islands, appointed by the Chief Judge; (3) A member of the executive branch, appointed by the Governor; (4) A member of victims' group to be appointed by the Governor; (5) The compact administrator to be appointed by the Governor; (6) A parole officer to be appointed by the Governor; and (7) A law enforcement officer to be appointed by the Governor. (c) All the members appointed by the Governor shall be with the consent and advice of the Legislature. (d) All members shall serve for a period of two years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor. (e) The compact administrator shall be knowledge concerning the interstate supervision of offenders and shall be the chairperson of the state council. (f) The state council shall develop policies concerning the operation of the compact within the territory. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 121.

The interstate commission shall have the following powers: (a) To adopt a seal and suitable bylaws governing the management and operation of the interstate commission; (b) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact; (c) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission; (d) To enforce compliance with compact provisions, interstate commission rules, and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process; (e) To establish and maintain offices; (f) To purchase and maintain insurance and bonds; (g) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs; (h) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by section 4634 of this compact which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder; (i) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel; (j) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same; (k) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed; (l) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (m) To establish a budget and make expenditures and levy dues as provided in section 4642 of this compact; (n) To sue and be sued; (o) To provide for dispute resolution among compacting states; (p) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact; (q) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission; (r) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity; and (s) To establish uniform standards for the reporting, collecting, and exchanging of data. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 122.

(a) Bylaws. The interstate commission shall, by a majority of the members, within twelve months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: (1) Establishing the fiscal year of the interstate commission; (2) Establishing an executive committee and such other committees as may be necessary, providing reasonable standards and procedures: (i) For the establishment of committees, and (ii) Governing any general or specific delegation of any authority or function of the interstate commission; (3) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting; (4) Establishing the titles and responsibilities of the officers of the interstate commission; (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission; (6) Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations; (7) Providing transition rules for "start up" administration of the compact; (8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact. (b) Officers and staff. (1) The interstate commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in his or her absence or disability, the vice-chairperson shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission: PROVIDED, That subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission. (2) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member. (c) Corporate records of the interstate commission. The interstate commission shall maintain its corporate books and records in accordance with the bylaws. (d) Qualified immunity, defense and indemnification. (1) The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities: PROVIDED, That nothing in this subsection (d)(1) shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person. (2) The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities: PROVIDED, That the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person. (3) The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 124.

(a) The interstate commission shall meet and take such actions as are consistent with the provisions of this compact. (b) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, such act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present. (c) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person. (d) The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings. (e) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. (f) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the "Government's in Sunshine Act,"5 U.S.C. Sec.552(b), as may be amended. The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to: (1) Relate solely to the interstate commission's internal personnel practices and procedures; (2) Disclose matters specifically exempted from disclosure by statute; (3) Disclose trade secrets or commercial or financial information which is privileged or confidential; (4) Involve accusing any person of a crime, or formally censuring any person; (5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (6) Disclose investigatory records compiled for law enforcement purposes; (7) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; (8) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; (9) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding. (g) For every meeting closed pursuant to this provision, the interstate commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant provision authorizing closure of the meeting. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes. (h) The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 126.

(a) The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. (b) Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal administrative procedure act, 5 U.S.C. Sec.551 et seq., and the federal advisory committee act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter "APA"). All rules and amendments shall become binding as of the date specified in each rule or amendment. (c) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state. (d) When promulgating a rule, the interstate commission shall: (1) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule; (2) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available; (3) Provide an opportunity for an informal hearing; and (4) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record. Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it aside. (e) Subjects to be addressed within twelve months after the first meeting must at a minimum include: (1) Notice to victims and opportunity to be heard; (2) Offender registration and compliance; (3) Violations/returns; (4) Transfer procedures and forms; (5) Eligibility for transfer; (6) Collection of restitution and fees from offenders; (7) Data collection and reporting; (8) The level of supervision to be provided by the receiving state; (9) Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; (10) Mediation, arbitration and dispute resolution. (f) The existing rules governing the operation of the previous compact superseded by this act shall be null and void twelve months after the first meeting of the interstate commission created hereunder. (g) Upon determination by the interstate commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 128.

Commission (a) Oversight. (1) The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states. (2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. (b) Dispute resolution. (1) The compacting states shall report to the interstate commission on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities. (2) The interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states. The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. (c) Enforcement. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth section 4639(b) of this compact. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 130.

(a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. (b) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment. (c) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. (d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 131.

(a) Any state, as defined in section 4633 of this compact, is eligible to become a compacting state. (b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in interstate commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States. (c) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 131.

(a) Withdrawal. (1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state: PROVIDED, that a compacting state may withdraw from the compact ("withdrawing state") by enacting a statute specifically repealing the statute which enacted the compact into law. (2) The effective date of withdrawal is the effective date of the repeal. (3) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof. (4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. (5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission. (b) Default. (1) If the interstate commission determines that any compacting state has at any time defaulted ("defaulting state") in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the interstate commission may impose any or all of the following penalties: (i) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission; (ii) Remedial training and technical assistance as directed by the interstate commission; (iii) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. (2) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws, or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state's legislature and the state council of such termination. (3) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules. (c) Judicial enforcement. The interstate commission may, by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys' fees. (d) Dissolution of compact. (1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state. (2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws. (3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 132.

The Interstate Compact for Adult Offender Supervision becomes effective and binding on the date of enactment of this Act. History: Added Mar. 5, 2005, No. 6730, § 40, Sess. L. 2005, p. 134.

As used in this chapter, "person" includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this territory and whether or not organized under the laws of this territory. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

A court may exercise personal jurisdiction over a person domiciled in, organized under the laws of, or maintaining his or its principal place of business in, this territory as to any claim for relief. History: Added March 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

(a) A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a claim for relief arising from the person's (1) transacting any business in this territory; (2) contracting to supply services or things in this territory; (3) causing tortious injury by an act or omission in this territory; (4) causing tortious injury in this territory by an act or omission outside this territory if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this territory; (5) having an interest in, using, or possessing real property in this territory; or (6) contracting to insure any person, property, or risk located within this territory at the time of contracting. (7) causing a woman to conceive a child, or conceiving or giving birth to a child; or (8) abandoning a minor in this Territory. (b) When jurisdiction over a person is based solely upon this section, only a claim for relief arising from acts enumerated in this section may be asserted against him. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58; amended Oct. 12, 1985, No. 5104, § 3, Sess. L. 1985, p. 144; May 14, 1986, No. 5161, § 6, Sess. L. 1986, p. 53.

When the exercise of personal jurisdiction is authorized by this chapter, service may be made outside this territory. History: Added March 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

(a) When the law of this territory authorizes service outside this territory, the service, when reasonably calculated to give actual notice, may be made: (1) by personal delivery in the manner prescribed for service within this territory; (2) in the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction; (3) by any form of mail addressed to the person to be served and requiring a signed receipt; (4) as directed by the foreign authority in response to a letter rogatory; or (5) as directed by the court. (b) Proof of service outside this territory may be made by affidavit of the individual who made the service or in the manner prescribed by the law of this territory, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court. History: Added March 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

Service outside this territory may be made by an individual permitted to make service of process under the law of this territory or under the law of the place in which the service is made or who is designated by a court of this territory. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

When the law of this territory requires that in order to effect service one or more designated individuals be served, service outside this territory under this chapter must be made upon the designated individual or individuals. History: Added March 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

(a) The district court may order service upon any person who is domiciled or can be found within this territory of any document issued in connection with a proceeding in a tribunal outside this territory. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside this territory and shall direct the manner of service. (b) Service in connection with a proceeding in a tribunal outside this territory may be made within this territory without an order of court. (c) Service under this section does not, of itself, require the recognition or enforcement of an order, judgment, or decree rendered outside this territory. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

(a) A deposition to obtain testimony or documents or other things in an action pending in this territory may be taken outside this territory: (1) On reasonable notice in writing to all parties, setting forth the time and place for taking the deposition, the name and address of each person to be examined, if known, and if not known, a general description sufficient to identify him or the particular class or group to which he belongs and the name or descriptive title of the person before whom the deposition will be taken. The deposition may be taken before a person authorized to administer oaths in the place in which the deposition is taken by the law thereof or by the law of this territory or the United States. (2) Before a person commissioned by the court. The person so commissioned has the power by virtue of his commission to administer any necessary oath. (3) Pursuant to a letter rogatory issued by the court. A letter rogatory may be addressed "To the Appropriate Authority in [here name the state or country]". (4) In any manner before any person, at any time or place, or upon any notice stipulated by the parties. A person designated by the stipulation has the power by virtue of his designation to administer any necessary oath. (b) A commission or a letter rogatory shall be issued after notice and application to the court, and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient, and both a commission and a letter rogatory may be issued in proper cases. Evidence obtained in a foreign country in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within this territory. (c) When no action is pending, a court of this territory may authorize a deposition to be taken outside this territory of any person regarding any matter that may be cognizable in any court of this territory. The court may prescribe the manner in which and the terms upon which the deposition shall be taken. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

This subchapter may be cited as the Virgin Islands Uniform Interstate Depositions and Discovery Act. History: Added Nov. 24, 2010, No. 7241, § 23, Sess. L. 2010, p. 291.

In this subchapter: (1) "Foreign jurisdiction" means a state or territory other than the Virgin Islands. (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction. (3) "Person" means an individual, corporation, business trust, estate. trust, partnership, Limited Liability Company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. (4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to: (A) Attend and give testimony at a deposition; (B) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or (C) Permit inspection of premises under the control of the person. History: Added Nov. 24, 2010, No. 7241, § 23, Sess. L. 2010, pp. 291, 292.

(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the district in which discovery is sought to be conducted in this Territory. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of Virgin Islands. (b) When a party submits a foreign subpoena to a clerk of court in the Virgin Islands, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. (c) A subpoena under subsection (b) must: (1) Incorporate the terms used in the foreign subpoena; and (2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. History: Added Nov. 24, 2010, No. 7241, § 23, Sess. L. 2010, p. 292.

A subpoena issued by a clerk of court under section 4924 must be served in compliance with Rule 45 of the Federal Rules of Civil Procedure. History: Added Nov. 24, 2010, No. 7241, § 23, Sess. L. 2010, p. 293.

Rule 45 of the Federal Rules of Civil Procedure applies to subpoenas issued under section 4924. History: Added Nov. 24, 2010, No. 7241, § 23, Sess. L. 2010, p. 293.

In applying and construing this subtitle, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Added Nov. 24, 2010, No. 7241, § 23, Sess. L. 2010, p. 293.

A party who intends to raise an issue concerning the law of any jurisdiction or governmental unit thereof outside this territory shall give notice in his pleadings or other reasonable written notice. History: Added March 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

In determining the law of any jurisdiction or governmental unit thereof outside this territory, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the rules of evidence. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

The court, not jury, shall determine the law of any governmental unit outside this territory. Its determination is subject to review on appeal as a ruling on a question of law. History: Added March 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

An official record kept within the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied by a certificate that the officer has the custody. The certificate may be made by a judge of a court of record having jurisdiction in the governmental unit in which the record is kept, authenticated by the seal of the court, or by any public officer having a seal of office and having official duties in the governmental unit in which the record is kept, authenticated by the seal of his office. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

A foreign official record, or an entry therein, when admissible for any purpose, may be evidenced by an official publication or copy thereof, attested by a person authorized to make the attestation, and accompanied by a final certification as to the genuineness of the signature and official position (1) of the attesting person, or (2) of any foreign official whose certificate of genuineness of signature and official position either (a) relates to the attestation or (b) is in a chain of certificates of genuineness of signature and official position relating to the attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the court may, for good cause shown, (1) admit an attested copy without final certification or (2) permit the foreign official record to be evidenced by attested summary with or without a final certification. History: Added March 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

The statutes, codes, written laws, executive acts, or legislative or judicial proceedings of any domestic or foreign jurisdiction or governmental unit thereof may also be evidenced by any publication proved to be commonly accepted as proof thereof in the tribunals having jurisdiction in that governmental unit. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in this chapter in the case of a domestic record, or complying with the requirements of this chapter for a summary in the case of a record in a foreign country, is admissible as evidence that the records contain no such record or entry. History: Added March 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

Except as otherwise provided herein, this subtitle does not repeal or modify any law of this territory: (a) authorizing the exercise of jurisdiction on any basis other than the bases specified in chapter 501 of this subtitle; (b) permitting a procedure for service or for obtaining testimony, documents, or other things for use in this territory or in a tribunal outside this territory other than the procedures prescribed in chapter 503 and chapter 505 of this subtitle; or (c) authorizing the determination of foreign law or the proof of official records or any entry or lack of entry therein by any method other than the methods prescribed in chapter 509 of this subtitle. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

This subtitle shall be so interpreted and construed as to effectuate its general purposes to make uniform the laws of those states and territories which enact it. History: Added March 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.

This subtitle may be cited as the Uniform Interstate and International Procedure Act. History: Added Mar. 15, 1965, No. 1339, Sess. L. 1965, Pt. I, p. 58.