An Act amending title 5 Virgin Islands Code, subtitle 3, part I, chapter 311 by enacting Jah’niqua’s Law requiring a defendant to pay restitution in the

Offenders fund support for disabled victims’ children

Jah’niqua’s Law requires convicted defendants to pay child support when covered offenses disable a child’s or dependent’s parent or guardian. Covered convictions include section 504 offenses involving alcohol or narcotic drugs and section 493 offenses involving disability-causing accidents. Payments go to the disabled victim or surviving parent or guardian. A disabled victim must be at least 17 and have disabilities that limit their ability to provide health and safety. Total and permanent disability means inability to do substantial paid work from a medical impairment lasting at least 12 months, or qualification for Social Security total disability benefits. Support generally lasts until age 18, or 19 while the child remains in high school. Courts can extend support beyond 19 for disabled dependents who cannot support themselves. A dependent’s disability must be medically documented, substantially limit major life activities, and prevent independent living or self-care. Courts set a reasonable, necessary amount using family finances, living standards, health and education needs, custody, living arrangements, and childcare costs. Payments pass through the court clerk as trustee. Received payments must be deposited by the next working day and sent to recipients within three working days. Incarcerated defendants unable to pay must start payments no later than one year after release, including any payment plan for overdue amounts. Unpaid amounts remain due after regular support ends. A civil damages judgment fully paid before the support order bars that order. Later civil damages paid by the defendant or their insurer reduce the support owed.