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Virgin Islands Statutes, Title 5

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Virgin Islands/Statutes

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Title 5, Judicial Procedure

63 chapters · 662 sections in this title.

All chapters in Title 5662 Ch 201, Family Division of the Superior Court72 Ch 43, Enforcement of Judgments36 Ch 87, Assignments for the Benefit of Creditors32 Ch 331, Criminal Extradition29 Ch 91, Habeas Corpus25 Ch 25, Attachment23 Ch 46, Foreign Judgments16 Ch 21, Civil Arrest and Bail15 Ch 64, Interstate Compact for Juveniles15 Ch 409, Interstate Compact for Supervision o…15 Ch 3, Limitation of Actions14 Ch 301A, The Child Victims’ and Child Witness…14 Ch 305, Proceedings Before Trial14 Ch 65, Procedure for Presentation of Evidence13

662 sections·Filtered byTitle 5✕

5 V.I.C. § 3736 Hearing on petition for expungement
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(a) At the hearing for the Petition for Expungement the court shall consider the following:(a) Whether Petitioner is employed, in school or in the armed forces; and(b) For marijuana-related crimes or offenses, whether the individual would be charged with such a crime under 19 V.I…
5 V.I.C. § 3737 Non-appealable
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(a) Waiting times are calculated from the day a person completes the jail term or probation term whichever is later. (b) Waiting times are as follows:(1) A person who serves between zero and 14 days in jail must wait 6 months before filing a Petition for Expungement of the convic…
5 V.I.C. § 3738 Effect of expungement
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Upon the issuance of an expungement order, the Petitioner shall be treated as not having been or arrested except for the keeping of confidentiality records.
5 V.I.C. § 3739 Expunged records
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(a) Except as provided otherwise in subsection (c), the Superior Court may order the disclosure of the expunged conviction records to the following:(a) A court when preparing presentences, conducting jury selection, detention, or setting bail; and(b) an agency of the territorial …

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5 V.I.C. § 3740 Enforcement

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Upon entry of an Expungement Order, the Superior Court shall cause a certified copy of the order to be delivered to the Commissioner of Police who shall have 10 days after receipt to expunge the arrest record of the person whose name appear on the order and shall have ten additio…

5 V.I.C. § 3741 Retroactivity

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This Chapter shall have retroactive effect.

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.

5 V.I.C. § 3861 Definitions

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“Witness” as used in this chapter shall include a person whose testimony is desired in any proceeding or investigation by a Grand Jury or in a Criminal Action, Prosecution or Proceeding. The word “summons” shall include a subpoena, order or other notice requiring the appearance o…

5 V.I.C. § 3862 Summoning witness in the Virgin Islands to testify in another state

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If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in the Virgin Islands certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a gran…

5 V.I.C. § 3863 Witness from another state summoned to testify in the Virgin Islands

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If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in the Virgin Islands, is a material witness in a prosecution pending in a court of record in the Virgin Islands, a judge of suc…

5 V.I.C. § 3864 Exemption from arrest and service of process

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If a person comes into the Virgin Islands in obedience to a summons directing him to attend and testify in the Virgin Islands he shall not while in the Virgin Islands pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with ma…

5 V.I.C. § 3865 Uniformity of interpretation

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This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those jurisdictions which enact it.

5 V.I.C. § 3901 Authority to issue warrant; application of Federal Rule

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(a) A search warrant authorized by this chapter may be issued by a judge of a court of record, directed to a peace officer. (b) Rule 41 of the Federal Rules of Criminal Procedure shall apply to proceedings under this chapter.

5 V.I.C. § 3902 Grounds for issuance

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(1) A warrant may be issued to search for and seize any property upon any of the following grounds:(1) When the property was stolen or embezzled; in which case it may be taken on the warrant from the place in which it is concealed, or from the possession of the person by whom it …

5 V.I.C. § 3903 Persons authorized to serve search warrant

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A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.

5 V.I.C. § 3904 Breaking doors or windows for entry or exit

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The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him …

5 V.I.C. § 3905 Disposition of property

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When the property is delivered to the judge, he must, if it was stolen or embezzled, dispose of it as provided in chapter 337 of this title. If it was taken on a warrant issued on the grounds stated in section 3902 of this title he must retain it in his possession, subject to the…

5 V.I.C. § 3906 Search of defendant at preliminary examination

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When a person charged with a felony is supposed by the judge, before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the judge may direct him to be searched in his presence, and the weapon or…

5 V.I.C. § 3910 Purpose; HIV testing; and inadmissibility of test results

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(a) For purposes of this chapter:(1) “HIV” means Human Immunodeficiency Virus identified as the causative agent of Acquired Immunodeficiency Syndrome (“AIDS”), a condition in which the body's immune system fails and life threatening illnesses develop.(2) “Sexual offense” means:(A…

5 V.I.C. § 3911 Post-conviction testing; notice to victim; request of victim; disclosure of test results; counseling and referral

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(a) In all cases in which a defendant has been convicted of a sexual offense, the prosecutor shall advise the victim of his right to request the testing of the convicted person's blood for the presence of HIV antibodies. To assist the victim of the sexual offense in determining w…

5 V.I.C. § 3912 Testing during incarceration and disclosure of HIV test results

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Except as otherwise requested by the victim, if the initial HIV test is conducted within the first two years of a convicted perpetrator's imprisonment, the request for disclosure is considered a standing request for any subsequent HIV test results obtained within two years after …

5 V.I.C. § 3941 Custody by peace officer

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When property alleged to have been stolen or embezzled comes into the custody of a peace officer, he shall hold it subject to the order of the court as provided in this chapter.