ST. CROIX, VI – The 36^th Legislature of the Virgin Islands’ Committee on Homeland Security, Justice, and Public Safety, led by Senator Clifford A. Joseph, Sr, met in the Frits E. Lawaetz Legislative Conference Room. Lawmakers received updates on the operations of the Bureau of Corrections and the Virgin Islands Police Department. Lawmakers considered measures that would prohibit incarcerated persons from possessing or using electronic communication or recording devices, an act that would establish procedures for inmate transfers outside of the Virgin Islands, and an act to update child passenger safety requirements applicable to rental vehicles. Approved items on today’s agenda will be forwarded to the Committee on Rules and Judiciary for further consideration and action.  

Wynnie Testamark, Director of the Bureau of Corrections detailed its operations. Testamark said that the Bureau of Corrections has made progress in meeting and sustaining constitutional standards across its operations. Testamark also highlighted the historic termination of the medical and dental provisions of the St. Croix Settlement Agreement after more than forty years of federal oversight. Testamark’s testimony stated that “longstanding deficiencies” had been replaced by stable, modern, and constitutionally compliant healthcare systems. Furthermore, Testamark stated that ongoing compliance efforts under the St. Thomas Settlement Agreement, continued cooperation with the independent monitoring team, strengthened recruitment and training initiatives, and major improvements in institutional safety, including expanded surveillance systems, contraband interdiction, and the introduction of specialized K-9 Units.

Additionally, Testamark emphasized the Bureau’s modernization of healthcare, behavioral health services, and re-entry programming, including electronic medical records, telemedicine, expanded mental health treatment, and over $1 Million annually invested in medical care. Testmark said that the bureau currently houses 353 inmates across local and off island facilities and that the department remains responsible for all aspects of their care. New projects are underway, including the new 207 bed Swan Annex facilities and upgrades at the John Bell Adult Correctional Facility.  She stated that the bureau has shifted from achieving compliance to sustaining it, remaining committed to public safety, constitutional care, and the eventual end of federal oversight.

Sean Santos, Assistant Commissioner of the Virgin Islands Police Department stated that the Department continues to strengthen public safety through coordinated enforcement, modern technology and interagency partnerships. The Territory-Wide Crime Reduction Initiative, launched under Executive Order 547-2026 temporarily assigned peace officers from multiple agencies to support the Department during a spike in violent crime. VIPD has used intelligence led strategies such as saturation patrols, violent offender suppression, traffic enforcement, marine operations, drone deployments, and the Real Time Intelligence Center support.

The Department also continues to modernize its technology infrastructure with more than 100 surveillance cameras, over 50 license plate recognition cameras, and integrated ShotSpotter systems feeding into Real Time Intelligence Centers on St. Croix and St. Thomas.  In response to recent robberies and homicides, the Department has implemented an aggressive violence reduction strategy focused on repeat offenders, targeted patrols, stronger investigations and close collaboration with federal partners. Santos’ testimony stated that long term efforts include expanding intelligence centers, launching a Drone-as-First-Responder program, strengthening regional Caribbean partnerships, and investing in youth intervention programs.  The Virgin Islands Police Department has reported a 13% decrease in violent crime for Calendar Year 2026 compared to Calendar year 2025.

Lawmakers considered Bill No. 36-0301, An act amending Title 14, Virgin Islands Code prohibiting incarcerated persons from possessing or using electronic communication or recording devices. The measure was sponsored by Senator Kenneth L. Gittens.

Wynnie Testamark, Director of the Bureau of Corrections delivered testimony in support of the proposed measure. Testamark’s testimony stated that the growing availability of contraband electronic devices, particularly cell phones and wireless devices has become one of the most significant security challenges facing correctional agencies nationwide. The devices undermine national security by providing unmonitored access to outside individuals and networks, which allow incarcerated persons to circumvent established communication systems and institutional oversight. Correctional agencies have identified contraband cell phones as a major and growing threat to institutional safety and public safety.

Testamark also states that contraband electronic devices have been used to coordinate criminal enterprises, intimidate witnesses and victims, facilitate drug trafficking, arrange the introduction of additional contraband, compromise institutional safety and direct criminal activity beyond prison walls. The Virgin Islands Bureau of Corrections has taken proactive stapes to address those threats by implementing policies that govern the prevention, detection and seizure of prohibited items within its facilities. Correctional officers receive annual training on contraband detection, search procedures, evidence handling, and institutional security practices to ensure they remain prepared to identify and respond to emerging threats. The bureau also has specialized K-9 capabilities to strengthen interdiction efforts.

Ian Clement, Chief Deputy Attorney General of the Virgin Islands Department of Justice delivered testimony in support of the proposed measure. Clement called contraband cellular phones inside a correctional facility a tool which can be used to locate, contact, and threaten witnesses who are scheduled to testify against an incarcerated person who has the phone. Clement stated that the contraband cell phone can be used to facilitate the introduction of more contraband, as well as film, assaults inside the facility and broadcast them, humiliating victims.  Clement recommended strengthening the measure by highlighting various points. He stated that the bill must reach those who bring in the phones and urged the committee to add an offense that makes it illegal for any person to introduce, deliver, provide, attempt, or conspire to provide a prohibited device, or any component of one, to someone in the custody of the bureau. Clement recommended increased penalties for individuals who are employees, contractors, vendors or volunteers of the bureau who violate this. Clement also stated that the bill needs an authorized use exception, or else it would criminalize the conduct the bureau requires. Any device provided, issued or authorized in writing by the director or her designee, as well as any medical device prescribed and approved through the bureau’s medical authority should be exempted.

Clement stated that the proposed penalty lacks teeth, and that any prison team imposed under the subsection should run consecutively to any sentence the offender is already serving. Additionally, Clement recommends that subsection (c) (5) be stricken or rewritten, stating that it is legally flawed and would be difficult to defend against a motion to dismiss. He states that the measure would be overly broad, unclear, and legally unsound, because it could make inmates felons for being recorded during an assault that they were not aware was being filmed, or failing to report violence. He recommended that the subsection be removed or rewritten and specifically emphasized that any legislation should focus on punishing the recording and broadcasting of prison violence, not unintentionally criminalizing inmates who are involved in or witness an incident.

Policymakers considered Bill No. 36-0231, An act amending title 5 Virgin Islands Code, subtitle 3, part III, chapter 401, by adding section 4507a to establish procedures for inmate transfers outside of the Virgin Islands. The measure was sponsored by Senator Kenneth L. Gittens.  

Wynnie Testamark, Director of the Bureau of Corrections testified against the proposed measure. Testamark stated that while she supported the Legislature’s goals of rehabilitation, family unity and transparency, the measure would severely hinder the Bureau’s ability to operate safe, secure and constitutionally compliant correctional facilities.  Explaining that inmate transfers are a critical management tool used to prevent violence, respond to emergencies, separate incompatible individuals, manage overcrowding, and protect both inmates and staff.  The proposed bill’s requirement, according to Testamark would conflict with national correction standards and would expose the territory to constitutional and federal compliance risks. Furthermore, Testamark states that the bill would create administrative burdens, undermine staff safety, reduce intuitional stability and jeopardize rehabilitation programs that depend on secure and well managed facilities.  She states that restricting transfer authority could increase violence, gang activity, staff burnout and litigation, while impairing compliance with PREA, federal oversight requirements, and constitutional protections.

Attorney Martial Webster voiced support for the proposed measure, stating that the Legislature must reclaim oversight over off island inmate transfers, which are currently controlled solely by the Bureau of Corrections Director, with no review, no notice, no criteria and no accountability. Webster stated that this has already resulted in large scale transfers, often driven by cost rather than rehabilitation, with families learning of stabbings or death only through their own efforts. Webster states that off island placement undermines rehabilitation, disconnects inmates from family and legal support, and exposes them to unsafe private prisons and creates economic harm by exporting millions of dollars to out of territory facilities. Webster states that the structured process of the proposed measure provides necessary guardrails, transparency and legislative oversight.

Ian Clement, Chief Deputy Attorney General stated that the Department of Justice could not support the proposed measure. Clement stated that current law gives the Bureau of Corrections the broad discretion to transfer inmates off island, a discretion that has repeatedly allowed the territory to defend transfer decisions in court. The proposed bill would replace that system with a rigid multi layered process, requiring a four-member committee, written recommendations and gubernatorial approval. Clement states that this would strip the Director of the Bureau of Corrections, create conflicts of interest, and undermine the Bureau’s ability to manage security, emergencies, and federal compliance. Clement further stated that the measure would jeopardize institutional safety, expose the territory to litigation and impose unfunded mandates while falling to meaningfully advance rehabilitation or family unity.

Senators voted to hold in committee at the call of the chair, Bill No. 36-0242, An act amending title 5 Virgin Islands Code, subtitle 3, part I, chapter 305, subchapter I, section 3561, subsection (a), by granting peace officer status to enforcement officers of the Virgin Islands Department of Sports, Parks, and Recreation.  The measure was sponsored by Senator Alma Francis Heyliger.

Lawmakers considered Bill No. 36-0303, An act amending title 20 Virgin Islands Code, part II, chapter 38, section 424 to update child passenger safety requirements applicable to rental vehicle. The measure was sponsored by Senator Angel L. Bolques, Jr.

Denise Gomes, Occupant Protection Program Manager of the Office of Highway Safety for the United States Virgin Islands Police Department spoke in support of the proposed measure. Gomes’ testimony stated that in the US Virgin Islands, car seats and booster seats are required for children under the age of 8, or shorter than 4’9” tall. According to the National Highway Traffic Safety Administration, these safety devices have been proven to reduce the risk of injuries and fatalities of 71% for infants and 54% for toddlers. According to the annual Observational Seat Belt Survey commissioned by the Office in CY 2025, 60.65% of this population rode unrestrained or under restrained. Work conducted by Child Passenger Safety Technicians revealed that safety was compromised for children riding in car seats. Approximately 95% of safety seats checked were found to have at least one usage error that could results in an injury for a child crash victim.

Bill No. 36-0301, Bill No. 36-0231 and Bill No. 36-0303 were voted upon favorably.

Senators present at today’s Committee meeting included Clifford A. Joseph, Sr. Ray Fonseca, Angel L. Bolques, Jr., Novelle E. Francis, Jr., Kenneth L. Gittens, Franklin D. Johnson, Carla J. Joseph, Avery L. Lewis, and Kurt A. Vialet.

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