Title 5, Judicial Procedure

(a) If during the term of imprisonment a prisoner commits any offense or violates the rules of the institution, all or any part of his earned good time may be forfeited. (b) The Police Commissioner may restore any forfeited good time or such portion thereof as he deems proper.

Except for a prisoner sentenced to a term of life imprisonment without parole, every prisoner confined in any penitentiary, jail or prison for a violation of the Virgin Islands law for a definite term or terms of over 180 days or for the term of his natural life, whose record of …

The Board of Parole provided for in section 256 of Title 3 shall meet semiannually, at Richmond Penitentiary, during the first week in June and the first week in December of each year. Special meetings of the Board may be called at any time by the Chairman. The Board shall elect …

Application for parole shall be made in writing. No application shall be considered unless the prison records show that the applicant's conduct has been uniformly excellent for at least six (6) months immediately preceding the date of such application and that the applicant has s…

If it appears to the Board of Parole from a report by the proper officers of the penitentiary, prison or jail or upon application by a prisoner for release on parole that there is a reasonable probability that such applicant will live and remain at liberty without violating the l…

(a) Violation of any of the conditions of parole shall subject the parolee to arrest upon a warrant issued by the Police Commissioner, any member of the Board of Parole or the Chief Probation and Parole Officer of the Virgin Islands; Provided, however, That a parole officer is au…

(a) Whenever the Territorial Parole Board shall order the parole of an inmate, the Board, unless it finds compelling circumstances which would render a plan of restitution unworkable, shall order as a condition of parole that the parolee make restitution to the victim for the dam…

(a) Terminally ill, permanently incapacitated, or geriatric prisoners will be eligible to apply for administrative release without post-release supervision, either by an application from the Bureau of Corrections, the prisoner, a family member, or a designee if it is determined t…

The Legislature hereby finds and declares that the interests of protecting society and rehabilitating individuals charged with violating criminal laws can best be served by creating new and innovative alternatives for treatment and supervision within the community; that in many c…

(a) The district and superior courts shall have jurisdiction to divert to a program of community supervision and services, any person who is charged with any offense or offenses against the Government of the Virgin Islands, except murder, kidnapping, assault in the first or secon…

(1) As used in this chapter, subject to the provisions of section 4612 of this chapter, the term—(1) “eligible individual” means any person who is charged with an offense against the Government of the Virgin Islands, except murder, kidnapping, assault in the first or second degre…

The director of a program of community supervision and services shall, to the extent possible, interview each person charged with a criminal offense against the Government of the Virgin Islands whom he believes may be eligible for diversion in accordance with this chapter and, up…

The committing officer may release any eligible individual to a program of community supervision and services if he believes that such individual may benefit by release to such a program and he determines that such release is not contrary to the public interest. Such release may …

The director of a program of community supervision and services shall report on the progress of the individual in carrying out his plan at least once in each ninety-day period following the date on which an individual was released to a program of community supervision and service…

(a) For the ninety-day period following the date an eligible individual is released to a program of community supervision and services under this chapter, the criminal charge against such individual shall be continued without final disposition, except that the committing officer …

The Chief Judge of the district court and the Chief Justice of the Supreme Court may appoint an advisory committee for a program of community supervision and services in each judicial division to be composed of a judge of the division, who shall serve as chairman, the Attorney Ge…

(1) In carrying out the provisions of this chapter, the Chief Judge of the district court or the Chief Justice of the Supreme Court are required to—(1) consult with the Judicial Council in the issuance of any regulations or policy statements with respect to the administration of …

This chapter may be cited as the “Interstate Compact for Supervision of Adult Offenders”.

The Governor of the Virgin Islands shall enter into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, agreements or compacts for the supervision of parolees and probationers on behalf of the Virgin Islands w…

(a) The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting …

(a) As used in this compact, unless the context clearly requires a different construction:(a) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.(b) “Bylaws” means those bylaws established by th…

(a) The compacting states hereby create the “interstate commission for adult offender supervision.” The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set …

(a) The state council of Interstate Compact for the Supervision of Adult Offenders is established within the Department of Justice. (b) The state council shall be composed of seven members, as follows:(1) A member of the Legislature of the Virgin Islands, appointed by the Preside…

(a) The interstate commission shall have the following powers:(a) To adopt a seal and suitable bylaws governing the management and operation of the interstate commission;(b) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the com…

(a) Bylaws. The interstate commission shall, by a majority of the members, within twelve months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited t…

(a) The interstate commission shall meet and take such actions as are consistent with the provisions of this compact. (b) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commis…

(a) The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. (b) Rul…

(a) Oversight. (1) The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.(2) The courts and executiv…

(a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. (b) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of th…

(a) Any state, as defined in section 4633 of this compact, is eligible to become a compacting state. (b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall b…

(a) Withdrawal. (1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state: PROVIDED, that a compacting state may withdraw from the compact (“withdrawing state”) by enacting a statute specifically repealing the statute which en…

The Interstate Compact for Adult Offender Supervision becomes effective and binding on the date of enactment of this Act.

As used in this chapter, “person” includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this territory and whether or no…

A court may exercise personal jurisdiction over a person domiciled in, organized under the laws of, or maintaining his or its principal place of business in, this territory as to any claim for relief.

(a) A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a claim for relief arising from the person's(1) transacting any business in this territory;(2) contracting to supply services or things in this territory;(3) causing tortious inj…

When the exercise of personal jurisdiction is authorized by this chapter, service may be made outside this territory.

When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just.

(a) When the law of this territory authorizes service outside this territory, the service, when reasonably calculated to give actual notice, may be made:(1) by personal delivery in the manner prescribed for service within this territory;(2) in the manner prescribed by the law of …

Service outside this territory may be made by an individual permitted to make service of process under the law of this territory or under the law of the place in which the service is made or who is designated by a court of this territory.

When the law of this territory requires that in order to effect service one or more designated individuals be served, service outside this territory under this chapter must be made upon the designated individual or individuals.

(a) The district court may order service upon any person who is domiciled or can be found within this territory of any document issued in connection with a proceeding in a tribunal outside this territory. The order may be made upon application of any interested person or in respo…

(a) A deposition to obtain testimony or documents or other things in an action pending in this territory may be taken outside this territory:(1) On reasonable notice in writing to all parties, setting forth the time and place for taking the deposition, the name and address of eac…

This subchapter may be cited as the Virgin Islands Uniform Interstate Depositions and Discovery Act.

(1) In this subchapter:(1) “Foreign jurisdiction” means a state or territory other than the Virgin Islands.(2) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.(3) “Person” means an individual, corporation, business trust, …

(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the district in which discovery is sought to be conducted in this Territory. A request for the issuance of a subpoena under this chapter does not constitute an …

A subpoena issued by a clerk of court under section 4924 must be served in compliance with Rule 45 of the Federal Rules of Civil Procedure.