Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 3801 Definitions
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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 s…
5 V.I.C. § 3802 Fugitives from justice; duty of Governor
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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 A…
5 V.I.C. § 3803 Form of demand
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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 commissio…
5 V.I.C. § 3804 Governor may investigate case
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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 …
5 V.I.C. § 3805 Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
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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 Exec…
5 V.I.C. § 3806 Extradition of persons not present in demanding state at time of commission of crime
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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 …
5 V.I.C. § 3807 Issue of Governor's warrant of arrest; its recitals
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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 war…
5 V.I.C. § 3808 Manner and place of execution
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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 de…
5 V.I.C. § 3809 Authority of arresting officer
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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 thos…
5 V.I.C. § 3810 Rights of accused person; application for writ of habeas corpus
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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 …
5 V.I.C. § 3811 Penalty for non-compliance with preceding section
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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.
5 V.I.C. § 3812 Confinement in jail when necessary
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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 kee…
5 V.I.C. § 3813 Arrest prior to requisition
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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…
5 V.I.C. § 3814 Arrest without a warrant
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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 wh…
5 V.I.C. § 3815 Commitment to await requisition; bail
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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 accusatio…
5 V.I.C. § 3816 Bail; in what cases; conditions of bond
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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, a…
5 V.I.C. § 3817 Extension of time of commitment; adjournment
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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 surrende…
5 V.I.C. § 3818 Forfeiture of bail
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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 h…
5 V.I.C. § 3819 Persons under criminal prosecution in Virgin Islands at time of requisition
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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 disc…
5 V.I.C. § 3820 Guilt or innocence of accused, when inquired into
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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, …
5 V.I.C. § 3821 Governor may recall warrant or issue alias
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The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
5 V.I.C. § 3822 Fugitives from Virgin Islands; duty of Governors
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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 associa…
5 V.I.C. § 3823 Application for issuance of requisition; by whom made; contents
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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…
5 V.I.C. § 3824 Costs and expenses
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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.
5 V.I.C. § 3825 Immunity from service of process in certain civil actions
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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, …
5 V.I.C. § 3826 Written waiver of extradition proceedings
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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…
5 V.I.C. § 3827 Non-waiver by Virgin Islands
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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 …
5 V.I.C. § 3828 No right of asylum; no immunity from other criminal prosecutions
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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.
5 V.I.C. § 3829 Interpretation
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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.