(a) Upon the filing of a notice, as provided in Virgin Islands Rules of Criminal Procedure, that the defendant intends to rely on the defense of insanity, the court sua sponte, or upon motion of the Attorney General, shall order that a psychiatric or psychological examination of the defendant be conducted and that a psychiatric or psychological report be filed with the court under seal.
(b) A defendant giving notice under subsection (a) is entitled to a jury trial. However, the defendant may voluntarily and knowingly waive the right to a jury trial.
(c) The burden of proof will be on the People of the Virgin Islands to prove beyond a reasonable doubt that the defendant is criminally liable, and that the defendant unlawful act was not a product of behavioral challenges or mental health disorders.
(d) In a proceeding under this section, the testimony of at least one qualified physician shall be heard, together with such other proper evidence as is presented by other part. After all the evidence is heard, the judge shall submit to the jury to determine the following special issues: (i) Is the defendant of unsound mind, (ii) If the foregoing is answered in the affirmative, is it necessary that the defendant be placed in treatment as a mentally ill person.
(e) If the defense is insanity, the jury shall be instructed, if they find the defendant 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 defendant shall not be discharged until the court is satisfied that defendant has regained their capacity for judgment, discretion and control of the conduct of their 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.
(f) Where any defendant has been confined in a forensic unit pursuant to subsection (e) or otherwise in accordance with law, and the Director of the facility certifies that:(1) the defendant has regained his capacity for judgment, discretion and control of the conduct of his affairs and social relations;(2) in the opinion of the Director, the defendant is not currently dangerous to their person or others; and(3) in the opinion of the Director, the defendant is entitled to discharge from the forensic unit, and the certificate is filed with the clerk of the court in which the defendant was tried, and a copy thereof served on the Attorney General, the certificate shall be sufficient to authorize the court to order the discharge of the defendant so confined from further hospitalization.
(1) the defendant has regained his capacity for judgment, discretion and control of the conduct of his affairs and social relations;
(2) in the opinion of the Director, the defendant is not currently dangerous to their person or others; and
(3) in the opinion of the Director, the defendant is entitled to discharge from the forensic unit, and the certificate is filed with the clerk of the court in which the defendant was tried, and a copy thereof served on the Attorney General, the certificate shall be sufficient to authorize the court to order the discharge of the defendant so confined from further hospitalization.
(g) The court in its discretion may, or upon objection of the Attorney General shall, after due notice, hold a hearing at which evidence as to the mental condition of the defendant so confined may be submitted, including the testimony of one or more psychiatrists from the facility. Evidence may be submitted upon deposition or interrogatories in the case of any facility located more than 100 miles from the Virgin Islands.
(h) The court shall weigh the evidence and, if the court finds that the defendant has regained their capacity for judgment, discretion, and control of the conduct of their affairs and social relations and is not currently dangerous to their person or others, the court shall order the defendant discharged from further confinement in the facility. If the court does not so find, the court shall order the defendant returned to the facility.
(i) Where, in the judgment of the Director of the Bureau of Corrections, a person confined pursuant to subsection (e), is not in such condition as to warrant their discharge, but is in a good condition to be conditionally released under supervision, and the certificate is filed and served in the same manner as provided in subsection (f)(3), the certificate is sufficient to authorize the court to order the release of the person under such conditions as the court sees fit. The provisions of subsection (g) as to a hearing prior to discharge also applies to conditional releases, and, if, after a hearing and weighing the evidence, the court finds the condition of the person warrants their conditional release, the court shall order their release under such conditions as the court sees fit, or, if the court does not so find, the court shall order the person returned to the facility; but in the case of a person confined to a forensic unit outside the Virgin Islands the order of conditional release must include a provision that the conditional release under supervision must be effected in the place in which the person was tried and within the jurisdiction of the court.