ST. CROIX – The Committee on Rules and Judiciary, chaired by Senator Diane T. Capehart met in the Frits E. Lawaetz Legislative Conference Room to consider nominations and bills. Approved items on today’s agenda will be sent to the full body at the next scheduled Legislative Session.

 Lawmakers approved the following nominations:

• Tahmin O. Clarke to serve on the GERS Board of Trustees, St. Thomas District
• Aubrey L. Ruan, Jr. to serve on the Virgin Islands Coastal Zone Management Commission
• Mario Brooks to serve as the Commissioner of the Virgin Islands Police Department.

Additionally,  the following measures were considered, all of which were approved.

Bill No. 35-0224, An Act amending title 19, part V, chapter 45, subchapter VI to increase access to behavioral health services, with a focus on a Psychiatric Emergency Response Team to provide mobile crisis intervention services, and the 9-8-8 telecommunication system. The measure was sponsored by Senators Diane T. Capehart and Ray Fonseca.

Renan Steele, Deputy Commissioner of Public Health appeared on behalf of Justa Encarnacion, the Commissioner of the Virgin Islands Department of Health. Steele stated that the Department of Health endorsed the measure. The lifeline offers 24/7 call, text, and chat access to trained crisis counselors who can help people experiencing suicidal, substance use, and/or mental health crises. The Division of Behavioral Health has developed job descriptions that support the measures in the proposed bill. The integration of the 9-8-8 and clinical staff would allow for immediate de-escalation and provides for access to early intervention. If a response is needed, it would allow for an increased efficient response time that would help the individual and the family members in need.

Hazel Philbert, Interim Chief Executive Office of the Governor Juan Luis Hospital and Medical Center emphasized that JFL does not have an impatient care unit for acute health care and is limited to ED stabilization services. It is currently unsuited for long term chronic hospitalizations and or involuntary commitment as outlined in the VI Behavioral Health and Developmental Disability Act. The data provided has stated that in June, leadership from JFL presented findings of 164 behavioral health evaluations conducted between April 2023 and April 2024. Further analysis revealed that 178 patients presented to the ED with behavioral health related complaints from January 2023 to December 2023. From January 2024 to October 2024, 142 patients recorded such issues, and it is expected that the number will increase. The most common diagnoses seen in the ED are substance use disorders, schizophrenia, psychosis, anxiety, and depression. There are limited resources to help patients once they are released. Philbert said that JFL supported the proposed measure, stating that the introduction of mobile crisis intervention services and the 9-8-8- telecommunication system could empower operators to conduct triage, facilitate care and resolve situations in the community, ensure increased connection to services, reduce wait times for non-behavioral health patients, and ultimately promote cost effectiveness for several entities including hospitals and the VIPD.

Tina M. Comissiong, Esq, Chief Executive Officer of the Schneider Regional Medical Center delivered testimony. Comissiong voiced support for the measure, stating that as an acute care hospital, it is required to provide emergency stabilization and inpatient care to people requiring treatment for acute presentations of behavioral health concerns. As a public hospital, it is required to provide care regardless of a person’s ability to pay. For FY2023, SRMC treated 541 Patients in the emergency department for behavioral health related concerns. The Inpatient Behavioral Health Unit can accommodate up to eight patients and usually has a census of six patients. In Fiscal Year 2023, there were 107 admissions to the BHU. For Fiscal Year 2024 through May 7, 2024, there were eighty-three. The average length of stay at the BHU was 83 days. It cost approximately $1,177,522 to operate in FY 2023 and has expended more than $764,071 as of May 7 for Fiscal Year 2024. SRMC has had to bear the cost of transferring BHU patients to other facilities. Between FY2023 and FY2024, SRMC has spent $53,388.40.

Sandra Setorie, Executive Director of the Virgin Islands Public Services Commission delivered testimony on the proposed measure. Setorie voiced concern with proposed language, stating that it was both narrower than desired and potentially challenging to collect. Setorie stated that the phrase “resident that is a subscriber of a commercial landline telephone” is confusing, as this is what residential landline service is called. She stated that this could suggest that commercial business lines are exempt. Additionally, IP enabled voice services is more frequently described as Voice Over Internet Protocol or VoIP.  Setorie, mentioning that the phrase “mobile radio”, at the time of the adoption of the National Telecommunications Act of 1996, was used to refer to what we now call cellular or mobile telephone or wireless, suggested that language be replaced, with “…the Department of Health may impose a monthly territory-wide 9-8-8 fee on each landline telephone, cellular or mobile telephone or other voice services (such as Voice Over Internet Protocol), however denominated, and a point-of-sale 9-8-8 fee on each purchaser of a prepaid telephone service …”. Setorie also voiced concern that she could not find a “Section 58” within Title 3 of Virgin Islands Code, asking for clarity. Furthermore, Setorie made mention of the fact that the FCC had been very hostile to and has sought to pre-empt territorial regulation of internet services, with VOIP falling in this category.

Senators passed the following measures:

• Bill No. 35-0254, An Act amending title 27 Virgin Islands Code by adding chapter 21A establishing the Audiology and Speech-Language Pathology Interstate Compact. The measure was sponsored by Senator Diane T. Capehart.
• Bill No. 35-0419, An Act amending Title 27 Virgin Islands Code, Chapter 1A by establishing the Virgin Islands Board of Speech-Language Pathology And Audiology. The measure was sponsored by Senator Diane T. Capehart.
• Bill No. 35-0336, An Act amending title 5 Virgin Islands Code, subtitle 3, part I by establishing the Office of Conflict Counsel, granting personal immunity to individuals providing legal representation or services to indigent defendants, and making an appropriation to establish the Office of Conflict Counsel. The measure was sponsored by Senator Novelle E. Francis, Jr.

Alisha Udhwani, Associate Attorney at Dudley Newman and Feuerzeig voiced support for Bill 35-0336. The 6^th Amendment to the United States Constitution, which guarantees the right to effective legal representation for all those accused of a crime, regardless of ability to pay. However, this is jeopardized when private attorneys with little to no experience in criminal law are appointed to cases due to conflicts within the Virgin Islands Office of the Public Defender. Private attorneys play a critical role in the legal system. However, many who are appointed to criminal cases lack the specialized training and expertise needed to navigate the complexities of criminal defense. The Office of Legal Counsel would serve as a dedicated experienced alternative to the Public Defender’s office when issues arise. The establishment of this office would provide conflict counsel attorneys, specifically trained in criminal defense. Udhwani specially recommended that the office be under the Territorial Public Defender Administration Board for administrative purposes only and that the operations of the two offices would be separate. Additionally, she recommended that to ensure stability of the office, no employee of the office hired before December 2024 would be dismissed or have compensation removed by the board except for cause, and that the office would provide legal representation only in cases where a court has determined that the office of the Territorial Public Defender or the other appointed council has a conflict.

Patricia Lynn Pryor, Acting Deputy Attorney General, voiced concern over a part of the bill that would grant personal immunity to the attorneys and personnel employed by the Office of the Territorial Public Defender and the Office of Conflict Counsel. Pryor stated that the bill does not provide exceptions for unethical or criminal behavior, not that any is expected but that effectively provides the attorneys with unrestricted freedoms that any attorney of the law would be prohibited from. Attorneys at the Office of the Attorney General have never been afforded that immunity.

Paul Gimenez, General Counsel appearing on behalf of the Judiciary of the Virgin Islands delivered testimony. Gimenez provided support of the proposed measure. While the Territorial Public Defender’s Office manages most indigent criminal defense cases, it faces conflicts when multiple defendants are involved, or when a defendant has previously been represented by the office. As a result, private attorneys from the local bar are often appointed, but the current system struggles due to insufficient volunteer participation, delayed compensation, and the high number of cases requiring appointed counsel. To address these challenges, the Judiciary established the OCC in 2024, which now manages a growing caseload, but lacks the full staff and funding to effectively manage the demand.

Despite securing grant funding to establish the OCC, the Judiciary has been unable to obtain the necessary appropriations to sustain its operations. The Judiciary requested funding in its 2024 and 2025 budgets but was unsuccessful. The OCC currently operates with a limited team and will require a total of $1.8 million for continued operations, including additional staff such as investigators and administrative support. The Judiciary emphasizes that while it has taken steps to address these issues, the responsibility to fund the OCC and ensure its success lies with the Legislature. With a continued gap in funding and the expiration of the current grant at the end of 2024, the Judiciary urges the Legislature to pass this bill and provide the necessary financial support for the Office of Conflict Counsel.

Additionally, senators considered the following bills, which were approved:

• Bill No. 35-0399, An Act amending title 16 Virgin Islands Code, chapter 2, section 99 establishing a mandatory minimum bail amount in domestic violence cases. The measure was sponsored by Senator Angel L. Bolques, Jr.

Gordon Rhea, Attorney General of the United States Virgin Islands delivered testimony. Currently, bail in domestic violence cases is guided by 16 V.I.C. §99(b), which states as follows: “A person arrested for or charged with a crime that constitutes domestic violence shall be admitted to bail as follows…”

1. $1,000; no 10% if no prior DV conviction and no use/threatened use of weapon and no harm
2. $5,000; no 10% if no prior DV conviction and no use/threatened use of weapon and harm or if one prior DV conviction and no use/threatened use of weapon and no harm
3. $15,000 if no prior DV conviction + use or threatened use of weapon involved or 1 prior DV conviction + harm (substantial bodily harm) or 1 prior DV conviction + use or threatened use of weapon involved or 2 prior dv convictions.

In domestic violence cases, bail is set the morning after the arrest by the Magistrate Judge, however the bail statute is ambiguous. In some instances, judges deviate from the intent of the current law by assigning bail to DV defendants upon lesser financial conditions than what the law provides. In many other instances, judges have interpreted current law as limiting the court’s authority to set bail in DV cases. This has led to dangerous defendants being assigned dangerously low bail due to the DV designation. Rhea stated that the Legislature has clarified its intent to take domestic violence seriously by enacting Chapter 2 of Title 16 of the Virgin Islands Code. According to Chapter 16, Section 90, in the “Declaration of Purpose”, the general purposes of the chapter are to  assure victims of domestic violence the maximum protection from abuse that the law can provide; create a flexible and speedy remedy to discourage violence and harassment against family members or others with whom the perpetrator has continuing contact; expand the ability of the Virgin Islands Police Department and law enforcement officers to assist victims, to enforce the law effectively in cases of domestic violence, and to prevent further incidents of abuse; develop a greater understanding within the Virgin Islands community of the incidences and causes of domestic violence through data collection; facilitate equal enforcement of the criminal laws of the Territory by deterring and punishing violence against family members and others who are personally involved with the offenders; and recognize that battering is a serious crime which will no longer be excused or tolerated.”

Furthermore, lawmakers approved the following measures:

Bill No. 35-0410, An Act honoring and commending Mr. Salvador “Sal” Sanpere for his dedication and contribution to St. Croix by naming the Christiansted boardwalk in his honor. The measure was sponsored by Senator Samuel Carrion.

Various members of the Virgin Islands Community spoke in favor of the proposed measure. Robert Schuster lauded Sanpere, stating that he was unable to say anything bad about him. Shuster stated that Sanpere dedicated himself to every endeavor he undertakes, demonstrating remarkable resilience in the face of adversity. J. David Jackson called Sanpere a cornerstone of our community, not only as a successful businessman, but as a compassionate and dedicated philanthropist, stating that it is impossible to list all the contributions that he has made to the Virgin Islands. Nancy Torres stated that Sanpere is a role model for those with disabilities, and he shows what can be achieved with courage and perseverance. Torres stated he has an uncanny ability to make people laugh, share jokes, or offer a kind word, no matter what the situation. Sanpere also served as the chairman of the annual boat parade in Christiansted for 25 years. John Harper, President of Marshall + Sterling St. Croix Inc, stated that Sanpere has made it his mission to make a difference in our community. Harper stated that his dedication from raising money has allowed dozens of Virgin Islands youth to attend a national jamboree, something that would not have been able to have been done without his dedication. Harper stated that Sanpere stands out to him as one of the most passionate and determined supporters of worthwhile causes that he has ever met.

Additionally, lawmakers considered Bill No. 35-0411, An Act honoring and commending Georgia Francis for her community service and for her contributions to the youth of the Virgin Islands in the area of music and renaming the portion of Rumer Drive beginning at Mandela Circle and continuing to the bottom of the Dorothy “Dotsy” Lockhart-Elskoe Drive, the “Georgia Francis Drive”. The measure was sponsored by Senator Dwayne M. DeGraff.

Various Virgin Islands spoke in support of the measure. Lesley Comissiong called Georgia Francis an indominable force that has provided hundreds of Virgin Islands’ students with a unique educational experience that blended discipline, structure, learning and exposure. Commissiong stated that Francis instilled a readiness in her students to be challenged and perform at any moment, stating that she was taught to always be ready for a challenge in class. Dionne Donadelle affectionally called Francis “Nennie Georgia,” calling her one of the best godparents one could ask for, stating that she shaped many lives through her dedication to teaching and music.

In the final block, lawmakers approved the following measures:

• Bill No. 35-0179, An Act amending title 14 Virgin Islands Code, chapter 61, relating to gambling violations, and title 32 Virgin Islands Code, chapter 13, relating to the Virgin Islands Lottery Commission, to strengthen the enforcement tools against illegal gambling and lottery. The measure was sponsored by Senators Diane T. Capehart and Angel L. Bolques
• Bill No. 35-0295, An Act amending title 19 Virgin Islands Code, part III, chapter 29 requiring the Virgin Islands Department of Health to establish and administer the “Virgin Islands Prescription Drug Monitoring Program” to provide prescription drug monitoring, and for other related purposes. The measure was sponsored by Senator Donna Frett-Gregory.
• Bill No. 35-0408, An Act requiring the Department of Health and the Department of Planning and Natural Resources to develop and administer a Territorial Regulated Medical Waste Management Plan including the requisite regulations. The measure was sponsored by Senator Donna A. Frett-Gregory.
• Bill No. 35-0409, An Act to amend title 20 Virgin Islands Code, part II, chapter 32, subchapter I to amend the definition of “salvage vehicle purchaser” or “junk vehicle purchaser” to include businesses that includes junk and salvage vehicle businesses and insurance companies and to require salvage vehicle purchasers to file a report with the Bureau of Motor Vehicles that documents the salvage vehicles obtained and sold during a given time period, and to require a penalty for failure to file the report. The measure was sponsored by Senator Samuel Carrion.
• Bill No. 35-0419, An Act amending title 23, Virgin Islands Code, chapter 5 by enacting the “Virgin Islands Firearm Serial Number Regulation Act.” The measure was sponsored by Senator Kenneth L. Gittens.
• Bill No. 35-0420, An Act amending title 23, Virgin Islands Code, chapter 5 by enacting the “Virgin Islands Firearm Serial Number Regulation Act”. The measure was sponsored by Kenneth L. Gittens
• Bill No. 35-0425, An Act to amend various sections of Title 5, Virgin Islands Code. The measure was sponsored by Senator Diane T. Capehart.

Senators present at today’s committee meeting were Diane T. Capehart, Milton E. Potter, Angel L. Bolques, Jr., Samuel Carrión, Dwayne M. DeGraff, Donna A. Frett-Gregory, Ray Fonseca, Novelle E. Francis, Jr., Marise C. James, Franklin D. Johnson, and Carla J. Joseph.

The Division of Public Affairs is committed to providing the community with accurate information on proceedings at the Legislature of the Virgin Islands. Visit legvi.org.

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