Title 19 — Health
55 chapters · 745 sections in this title.
19 V.I.C. § 1024c Detention pending judicial determination
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(a) Notwithstanding any other provisions of this subchapter, a person, with respect to whom a Certification of Commitment for the issuance of an order for hospitalization has been filed, shall not be released, or discharged during the pendency of the proceedings, unless:(1) The c…
19 V.I.C. § 1025 Voluntary treatment of person suffering from behavioral health challenges, mental health disorders or substance use disorders
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(a) Any persons suffering behavioral health challenges, mental health disorders or substance use disorders may voluntarily seek treatment at an approved public treatment facility or hospital. If the person is a minor or a person declared to be incompetent, the facility must notif…
19 V.I.C. § 1026 Involuntary commitment of persons diagnosed with behavioral health challenges, mental health disorders, substance use disorder, or dual diagnose into a behavioral health treatment facility or hospital
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(a) A person may be committed to the custody of the Department of Health by the Superior Court for observation, diagnosis, care, and treatment upon the petition of a spouse or guardian, a relative, the certifying or treating medical practitioner, behavioral health professional, c…
19 V.I.C. § 1027 Involuntary treatment with medication
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(a) A person may be ordered and administered treatment or medication only in conformance with this section. For the purposes of this section, involuntary treatment is limited to medication for the treatment of persons who suffer from behavioral health challenges or disorders and …
19 V.I.C. § 1028 Determination of mental competency to stand trial: post-release proceedings; hearing; admissibility of findings; discharge
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(a) At any time after the start of a prosecution for a criminal offense and prior to the sentencing of the defendant, or at any time after the commencement of probation or supervised release and prior to the completion of the sentence, the defendant, his attorney, or the Attorney…
19 V.I.C. § 1029 Insanity as a Defense
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(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 …
19 V.I.C. § 1030 Hospitalization of a convicted person suffering from behavioral disorder or mental disorder
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A defendant found guilty of an offense, or the defendant’s attorney or the Attorney General, not later than 10 days after the defendant is found guilty, and prior to the time the defendant is sentenced, may file a motion for a hearing on the present mental condition of the convic…
19 V.I.C. § 1031 Hearing
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The person whose mental condition is the subject of the hearing must be represented by counsel and, if the person is financially unable to obtain representation, the court shall appoint counsel for the person. The person must be afforded an opportunity to testify, to present evid…
19 V.I.C. § 1032 Determination and disposition
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(a) If, after the hearing, the court finds by a preponderance of the evidence that the convicted person is presently suffering from a behavioral disorder or mental health disorder and that the person in lieu of being sentenced to imprisonment, should be committed to an approved t…
19 V.I.C. § 1033 Discharge
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When the administrator of the facility in which the convicted person is hospitalized determines that the convicted person has been stabilized and is compliant with the treatment for their behavioral disorder or mental health disorder to such an extent that the person is no longer…
19 V.I.C. § 1034 Hospitalization of a person due for release from incarceration, but suffering from behavioral health challenges or mental health disorders
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(a) The director of the Bureau of Corrections shall notify the Division of Behavioral Health that the sentence of a person in the custody of the Bureau of Corrections is about to expire and the person is presently suffering from a behavioral health challenge or a mental health di…
19 V.I.C. § 1035 Psychiatric or psychological examination and report
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(a) The court may order the Department of Health, Division of Behavioral Health to conduct a psychiatric or psychological examination of a person. The cost of the report(s) must be paid as determined by the court. A psychiatric or psychological report ordered by the court must be…
19 V.I.C. § 1036 Return of Escaped Patients
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If any person confined in the behavioral health treatment hospital or institution escapes from the facility, law enforcement officers or officers within the Division of Behavioral Health shall apprehend and return the person to the Behavioral Health and Developmental Disabilities…
19 V.I.C. § 1037 Habeas corpus unimpaired
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Nothing contained in sections 1028, 1029, or 1034 precludes a person who is committed under any the sections from establishing by writ of habeas corpus the illegality of the person’s detention.
19 V.I.C. § 1038 Severability; inconsistency with other provisions
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If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the remaining provisions of this chapter.
19 V.I.C. § 1039 Discretionary authority of court; examination, report, and determination by court; termination of civil commitment
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(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 e…
19 V.I.C. § 1040 Civil commitment not a conviction; use of test results
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The determination of substance use disorder, and the subsequent civil commitment under this subchapter may not be deemed a criminal conviction. The results of any tests or procedures conducted by the Commissioner of Health or the supervisory aftercare authority to determine addic…
19 V.I.C. § 1041 Compensation of physicians and counsel; source of funds
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Physicians appointed by the court to examine any person pursuant to this subchapter and counsel assigned by the court to represent any person in commitment proceedings under this subchapter are entitled to reasonable compensation, in an amount to be determined by the court, to be…
19 V.I.C. § 1043 Penalties; escape or rescue from custody
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Any person who escapes or attempts to escape while committed to institutional custody for examination or treatment under this subchapter, or any person who rescues or attempts to rescue or instigates, aids, or assists the escape or attempts to assist the escape of the person, is …
19 V.I.C. § 1044 False statements
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Any person who knowingly makes any false statement to the Attorney General in any petition of this subchapter is subject to the penalty prescribed in title 14 V.I.C. § 843.
19 V.I.C. § 1101 Definitions
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(a) As used in this subchapter, the following terms have the following meanings:(a) “Bodily injury” means any act, except one done in self-defense, that results in physical injury or sexual abuse.(b) “Community member” means a licensed health-care professional or behavioral healt…
19 V.I.C. § 1102 Petition for temporary extreme risk protection order
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(a) A family or household member of the respondent, a community member, licensed healthcare professional, behavioral health professional, or a law enforcement officer or agency may request a temporary extreme risk protection order without notice to the respondent by including in …
19 V.I.C. § 1103 Petition for an extreme risk protection order
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(a) A family or household member of the respondent, a community member, licensed healthcare professional, behavioral health professional, or a law enforcement officer, or agency may file a petition for an extreme risk protection order that sets forth detailed allegations based on…
19 V.I.C. § 1104 Risk protection order hearings and issuance
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(a) Upon receipt of a petition, the court shall order a hearing to be held no later than 14 days after the date of the order and shall issue a notice of hearing to the respondent for the same. The court shall provide the notice of the hearing no later than one court day after the…
19 V.I.C. § 1105 Service
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(a) An extreme risk protection order issued pursuant to section 1004 must be served personally upon the respondent. (b) The law enforcement agency in the district where the respondent resides shall serve the respondent personally. (c) On or before the next court day, the clerk of…
19 V.I.C. § 1106 Termination and extension of orders
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(a) The respondent may submit one written request for a hearing to vacate an extreme risk protection order issued under this subchapter, starting after the date of the issuance of the order, and may request another hearing after every extension of the order, if any. (b) Upon rece…
19 V.I.C. § 1107 Surrender of firearms and ammunition
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(a) Upon issuance of an extreme risk protection order under this subchapter, including a temporary extreme risk protection order, the court shall order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent in the respo…
19 V.I.C. § 1108 Transfer of firearms and ammunition
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(a) A respondent may elect to transfer all firearms and ammunition owned by the respondent that have been surrendered to or seized by a local law enforcement agency pursuant to section 1007 to another person who is willing to receive the respondent’s firearms and ammunition. The …
19 V.I.C. § 1109 Return and disposal of firearms and ammunition
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(a) If an extreme risk protection order is vacated or ends without extension, a law enforcement agency holding a firearm or any ammunition owned by the respondent or a license to carry a concealed weapon or firearm issued under Virgin Islands law held by the respondent, that has …
19 V.I.C. § 1110 Reporting of orders
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(a) Within 24 hours after issuance, the clerk of the court shall enter any extreme risk protection order or temporary extreme risk protection order issued under this subchapter into the uniform case reporting system. (b) Within 24 hours after issuance, the clerk of the court shal…
19 V.I.C. § 1111 Penalties
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(a) A person who makes a false statement, which the person does not believe to be true, under oath in a hearing under this subchapter, with regard to any material matter, commits a felony pursuant to 14 V.I.C § 1541. (b) A person who has in his or her custody or control a firearm…
19 V.I.C. § 1112 Law enforcement retains other authority
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This subchapter does not affect the ability of a law enforcement officer to remove a firearm or ammunition or license to carry a concealed weapon or concealed firearm from any person or to conduct any search and seizure for firearms or ammunition pursuant to other lawful authorit…
19 V.I.C. § 1113 Liability
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Except as provided in section 1111, this subchapter does not impose criminal or civil liability on any person or entity for acts or omissions related to obtaining an extreme risk protection order or temporary extreme risk protection order, including, but not limited to, providing…
19 V.I.C. § 1114 Instructional and informational material
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(a) The Office of the Administrator of Courts shall develop and prepare instructions and informational brochures, standard petitions and risk protection order forms, and a court staff handbook on the extreme risk protection order process. The standard petition and order forms mus…
19 V.I.C. § 1301 Short title
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This chapter may be cited as the Virgin Islands Safe Drinking Water Act.
19 V.I.C. § 1302 Definitions
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(a) As used in this chapter—(a) “Agency” means the Department of Planning and Natural Resources as the agency charged with responsibility for implementation of this chapter.(b) “Commissioner” means the Commissioner of the Department of Planning and Natural Resources, or his autho…
19 V.I.C. § 1303 Virgin Islands Primary Drinking Water Standards
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(a) The Commissioner shall with the approval of the Governor promulgate and enforce Virgin Islands Primary Drinking Water Standards. Virgin Islands Primary Drinking Water Standards shall protect health to the extent feasible, using technology, treatment techniques, and other mean…
19 V.I.C. § 1304 Variances and exemptions
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The Commissioner may authorize variances or exemptions from the regulations issued pursuant to section 1303 under conditions and in such manner as he deems necessary and desirable; Provided, however, That such variances or exemptions are permitted under conditions and in a manner…
19 V.I.C. § 1305 Imminent hazards
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The Commissioner, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an imminent and substantial endangerment to the health of persons, may take such actions as he may deem necessary in order to protect the h…
19 V.I.C. § 1306 Plan for emergency provision of water
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The Commissioner shall promulgate an adequate plan for the provision of safe drinking water under emergency circumstances. When, in the judgment of the Commissioner, emergency circumstances exist in the Virgin Islands with respect to a need for safe drinking water, he may take su…
19 V.I.C. § 1307 Notification of users and regulatory agencies
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Whenever a public water supply system (a) is not in compliance with the Virgin Islands Primary Drinking Water Standards, (b) fails to perform monitoring required by regulations adopted by the Commissioner, (c) is subject to a variance granted for an inability to meet maximum cont…
19 V.I.C. § 1308 Prohibited acts
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(a) The following acts and the causing thereof are prohibited:(a) Failure by a supplier of water to comply with the requirements of section 1307 of this chapter, or dissemination by such supplier of any false or misleading information with respect to notices required pursuant to …
19 V.I.C. § 1309 Penalties and remedies
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(a) A civil penalty not to exceed $5,000 may be imposed on any person who wilfully violates section 1308(a) of this chapter. (b) A civil penalty not to exceed $5,000 for each day in which a violation of section 1308(b) occurs may be imposed on any person who wilfully violates 130…
19 V.I.C. § 1310 Administration
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(a) To carry out the provisions and purposes of this chapter, the Commissioner is authorized and empowered to:(a) perform any and all acts necessary to carry out the purposes and requirements of this chapter and of the Federal Act, relating to the adoption and enforcement of the …
19 V.I.C. § 1311 Severability
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If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the p…
19 V.I.C. § 1321 Fluoridation required; amounts
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For the purpose of promoting public health and in order to protect the dental health of Virgin Islands residents, particularly children, through prevention of tooth decay, any governmental agency or instrumentality, persons, firm or corporation having responsibility for the produ…
19 V.I.C. § 1322 Exceptions
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(a) Fluoridation of water as required in section 4201 of this title shall not be required when:(a) water contained in its natural state contains sufficient fluoride to conform to the requirements established herein;(b) water is bottled or otherwise containerized in another jurisd…
19 V.I.C. § 1323 Responsibility for administration and enforcement
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(a) The Department of Health shall be responsible for the administration and enforcement of this chapter, shall conduct periodic inspections of water production and/or distribution facilities for compliance with the provisions hereof, and shall promulgate rules and regulations re…
19 V.I.C. § 1324 Penalty
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Any wilful non-compliance with the provisions of this chapter by any person, other than a governmental agency or instrumentality, shall be a misdemeanor punishable by a fine of not more than $200. Each day of such wilful non-compliance shall constitute a separate violation for pu…
19 V.I.C. § 1351 First aid posters
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(a) Every restaurant and every establishment that sells food to the public shall have posted, in an area that is prominently visible to customers, a sign that demonstrates appropriate first aid for choking as published by the Virgin Islands Department of Health or any national he…