(a) If the Superior Court of the Virgin Islands has reason to believe that an eligible person suffers from substance use disorder, the court may advise the person at the person’s first appearance that the prosecution of the criminal charge will be held in abeyance if the person elects to submit to an immediate examination to determine whether there is a diagnosis of substance use disorder and is likely to be rehabilitated through treatment.
(b) In offering a person an election, the court shall advise the person that an election to be examined, will result in confinement during the examination for a period not to exceed 30 days unless ordered otherwise by the court, and if diagnosed with substance use disorder that is likely to rehabilitated, and voluntary withdrawal from examination or treatment that may follow is not exercised, civil commitment to the Commissioner of Health or Administrator of Treatment Facilities for treatment that will occur under the following conditions:(1) The treatment will last for as long as the Administrator of Medical practitioner may determine, but in no event for more than 36 months; and(2) During treatment, the person will be confined in an institution, and at the discretion of the Commissioner of Health may be conditionally released for supervised aftercare treatment in the community.
(1) The treatment will last for as long as the Administrator of Medical practitioner may determine, but in no event for more than 36 months; and
(2) During treatment, the person will be confined in an institution, and at the discretion of the Commissioner of Health may be conditionally released for supervised aftercare treatment in the community.
(c) If the person successfully completes treatment to the satisfaction of the court, the charges must be dismissed, but if the person fails to complete treatment, prosecution on the charge may be resumed.
(d) A person, upon being advised of the ability to elect to submit to an examination, must be permitted a maximum of five days within which to make the election, and the election must be in writing and must contain a waiver of the right to release on bail or upon the person’s own recognizance.
(e) The time for election may be extended only upon a showing that a timely election could not have been made, and a person was barred from an election after the prescribed period.
(f) A person who elects civil commitment must be placed in the custody of the Commissioner of Health, as the court directs, for an examination by a qualified medical practitioner designated by the Commissioner during a period not to exceed 30 days. This period may be extended by the Commissioner of Health for an additional 30 days upon notice to the court and the Attorney General charged with the prosecution of the complaint.
(g) The Commissioner of Health shall report to the court the results of the examination and recommend whether the person should be civilly committed. A copy of the report must be made available to the person and the Attorney General.