Title 5, Judicial Procedure

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 subch…

(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…

(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 suspe…

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…

(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 …

(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 tr…

(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 an…

(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 me…

(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 wh…

(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 …

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 i…

(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 prose…

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.

(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 …

All attorneys and other personnel employed by the Office of the Territorial Public Defender and the Office of Conflict Counsel and any contracted attorneys, investigators, or firms, as well as all private counsel appointed pursuant to sections 3503 or 3535 are immune from persona…

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 co…

(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…

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 j…

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…

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 convicte…

(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.

This chapter shall be known and may be cited as the “Child Victims’ and Child Witnesses’ Rights Act”.

(a) 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 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 …

(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 incompe…

(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…

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 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 a…

(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 consul…

(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…

(a) A child testifying at or attending a judicial proceeding has the right to be accompanied by an adult attendant to provide emotional support to the child. The court may allow the adult attendant to remain in close physical proximity to or in contact with the child while the ch…

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 wit…

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…

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.

(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 Vir…

(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 lo…

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 appoint…

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 De…

(a) 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 t…

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…

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.

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 o…

(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 custo…

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.

(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 Defen…