[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},"mediaId",6613783,"mediaKeyId","2867546-52a3fc2d68d5f3cd579a33c6af7e6d10","parentId",2867546,"title","Committee advances amended bill raising pretrial protections in domestic violence cases; restores judicial discretion and adds program, revocation standards","audioSeconds",10645,"startMs",9543000,"endMs",20188000,"viewUrl","/Search/View?dp=1&key=2867546-52a3fc2d68d5f3cd579a33c6af7e6d10&start=9543&end=20188","thumbnailUrl","https://assets.pipeline.soar.com/2867546-52a3fc2d68d5f3cd579a33c6af7e6d10/thumbnail_9543000.jpg","articleUrl","/articles/6613783/Committee-advances-amended-bill-raising-pretrial-protections-in-domestic-violence-cases-restores-judicial-discretion-and-adds-program-revocation-standards","mediaUrl","https://secure.pipeline.soar.com/6613783-1883880fd1698f26c6202ad83647bb04/orig.mp4?Expires=1776373143&Signature=kboy9gjw9EThB6b8hdT8QihXGTFixXdQ9bvBq3~yiaHn1D91TUd8Y24ouC9AtIw0LU4r6x7wYgtmBIfM6OvR1uQdqxM3fLdbwoLsG7PtRe2kys7zXS2hXaGLu9dMxy1dG~7xKicFcnKeCbkGDESwMBpGZOjPD30NCNu5rCDpwO3rMTKFtS9~6kPDbd1p-hxJaO-xHsN0aumVPe00AwCywMdFAqwwWouXuGRXPbZZJ33myswslLxFsNQ4Vlv~G9k11~DRuy3i843oQjQXSc1Y6TQ7WkAcS8bmEuBDmauOgxq4qV77Bh4oEsi50DQXqmgo-rFktdoKd-eLFXbbE93S4A__&Key-Pair-Id=KUT5TJCACFTXG","author","Virgin Islands Legislature","date","2025-04-03T19:58:54.977Z","article","The Committee on Homeland Security, Justice and Public Safety voted to report favorably on Bill 36-0005, an amendment to Title 16, Virgin Islands Code, Chapter 2, Section 99, after adopting an amendment that restores judicial discretion in bail determinations and adds requirements for risk assessment, program access and higher standards for bail revocation in domestic violence cases.

Senator Angel L. Boulkes Jr., the bill's sponsor, said the measure seeks to balance victim safety, judicial fairness and due process. \"This legislation does not punish poverty. It does not remove judicial authority,\" the sponsor said. \"What it does is prioritizes victim safety, promotes accountability, and introduces a system of informed balanced pretrial decision making.\"

Why it matters: Victim-service organizations, prosecutors and defense counsel gave the committee competing perspectives before the amendment. Family Resource Center Inc. and the Women's Coalition of Saint Croix urged stronger protections and immediate tools to reduce reoffending and post-release contact with victims. The Office of the Territorial Public Defender warned that a prior version of the bill would have imposed mandatory cash bail in a way that disproportionately harmed indigent defendants; after review the OTPD said the committee's amendment addresses many of its concerns.

What the amendment does: The adopted amendment replaces rigid minimum-cash-bail language with a risk-based framework. Under the amended measure bail must be determined based on the \"defendant's risk to the victim and the community,\" and full secured bail is required only where there is \"clear and convincing evidence of a threat to the victim or likelihood of flight.\" The amendment also (1) allows courts to consider and impose non-monetary release conditions such as electronic monitoring, house arrest or mandatory check-ins when a defendant demonstrates financial hardship, (2) raises the standard for remand after alleged post-release contact to \"clear and convincing evidence\" tied to a violation of a protective order, and (3) authorizes the court to require completion of a court-approved domestic violence intervention program and requests legislative appropriation to ensure program access regardless of ability to pay.

What witnesses told lawmakers: Family Resource Center Executive Director Anya Stewart said shelters and counseling services are seeing rising demand. \"This bill addresses... victim safety and accountability,\" she told the committee, adding that provisions requiring immediate remand after forbidden contact would help reduce intimidation and trauma.

The Office of the Territorial Public Defender opposed the bill in its original form, arguing mandatory cash bail risks prolonged pretrial incarceration and violates due process. \"The individuals we represent will bear the brunt of this policy,\" Chief Public Defender Julie Smith Todman said in earlier testimony; after the amendment she told the panel the changes \"address those concerns.\"

Attorney General Gordon Ray testified in favor of the amended bill, telling senators the change clarifies legislative intent and closes a perceived gap in magistrate bail-setting practice. \"The proposed amendments clearly set a minimum bail and provide ample authority for the judge to tailor bail to the facts and circumstances of the case and the defendant,\" he said in testimony.

Action taken: The committee adopted Amendment No. 36-338 (which replaced mandatory minimum language with the risk-based approach and the other provisions described above) and voted to report the bill favorably to the Rules and Judiciary Committee. On the roll call for the committee's favorable report the votes were recorded as: Senator Angel Boulkes Jr., yes; Senator Dwayne M. DeGraff, yes; Senator Ray Fonseca, yes; Senator Kenneth L. Gittens, not voting/absent; Senator Franklin D. Johnson, yes; Senator Avery L. Lewis, yes; Senator Clifford A. Joseph, yes. The chair announced \"6 yeas, 1 absent.\" The committee report advances the amended bill to the Rules and Judiciary Committee for further consideration.

Next steps and implementation issues: The bill authorizes courts to require participation in certified intervention programs and asks the Legislature to appropriate funding to the judiciary to guarantee access. Several testifiers highlighted the need for funding for victim services and for court-approved intervention program capacity. The Attorney General, victim advocates and the public defender each stressed the importance of robust judicial factfinding at initial bail settings so judges can tailor conditions to the risk presented in each case.

Sources: Testimony from Senator Angel L. Boulkes Jr. (sponsor), Attorney General Gordon Ray, Julie Smith Todman (Chief Territorial Public Defender), Anya Stewart (Family Resource Center, Inc.), Dr. Clement S. Lewis (Women's Coalition of Saint Croix) and committee proceedings from April 3, 2025.","mediaType","Video","parentTitle","04-03-2025 | Committee on Homeland Security, Justice and Public Safety","oneSentenceSummary","The Senate committee voted to forward Bill 36-0005 to Rules and Judiciary after adopting an amendment that replaces mandatory cash-bail floors in domestic violence cases with a risk-based framework that restores judicial discretion and allows non-monetary release conditions when appropriate.","taxTitle","Committees\t, Legislative, Virgin Islands, International","taxId",17312,"location","","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},6613788,"Senate committee advances law to raise traffic fines, create VIPD impound lot; towing fee, fine allocations amended",6018,1880000,7898000,"/Search/View?dp=1&key=2867546-52a3fc2d68d5f3cd579a33c6af7e6d10&start=1880&end=7898","https://assets.pipeline.soar.com/2867546-52a3fc2d68d5f3cd579a33c6af7e6d10/thumbnail_1880000.jpg","/articles/6613788/Senate-committee-advances-law-to-raise-traffic-fines-create-VIPD-impound-lot-towing-fee-fine-allocations-amended","https://secure.pipeline.soar.com/6613788-dc19ffc52c7f69e09a65a8723f631e03/orig.mp4?Expires=1776373144&Signature=I9wqhBg5ZrqQ8bE8A~JUK79T5p6Fts7Hluv9XTjfvKm-k7dalc-vs2ee08BpWGFzjflWt98hmHdwLQKJdU0LSao8pgrcr~1NtsuS6Rfm9WZQm-y9CZcSmbV~MytitIZ7FxsgvDzkKrIIssQBxzrIs5IrfRaALLxL~54qZ2nI1C0xcjRfVAwjajgn2u2lEnZ7103OB3jB2lPzfYbm~zk~FFiuJX0GrhM5QZQGqkwAYRazXsr-37VrjHGOvrUoZrdvKHnzn13269NHZ2Fxz27uqgySnSaQjcSWJ1UIwM3cAQ4dG7Y5Fr2XOp5F8WTIpzK4~1UxIkAaVTXJnBpb-pBurQ__&Key-Pair-Id=KUT5TJCACFTXG","The Committee on Homeland Security, Justice and Public Safety voted to send Bill 36-0036, which would repeal and reenact portions of Title 20 of the Virgin Islands Code to increase traffic penalties and establish a Virgin Islands Police Department impound lot, to the Rules and Judiciary Committee after approving amendments to the bill.

The bill's sponsors, including Senator Kenneth L. Gittens and co-sponsors Senator Nobel Francis Jr. and Senator Franklin D. Johnson, told the committee the measure updates a fine schedule that has not kept pace with road conditions and inflation. \"Under the proposed legislation, no citation would be less than $100,\" a sponsor said during opening remarks.

The bill would set a new distribution of fine revenue, create an impound lot for the VIPD, and establish an initial fee schedule for impound-related services. During the April 3 hearing the committee approved a sponsor's amendment to increase the proposed towing fee from $65 to $150 and approved an amendment directing $3 from each paid traffic citation to the Superior Court, with $1 for court administrative purposes and $2 designated for the Rising Stars Steel Orchestra.

Why it matters: VIPD and the Office of the Attorney General told lawmakers they support higher fines and a dedicated impound facility to improve evidence preservation and public safety. Officials said the changes would give law enforcement tools to remove abandoned and unsafe vehicles from public roadways and to secure vehicles that may contain forensic evidence. Attorney General Gordon Ray warned, however, that the bill does not provide startup funding for an impound lot and without an initial appropriation the department may be unable to establish one.

Key details and supporting evidence: The Virgin Islands Police Department told the committee that moving citations rose from 6,276 in fiscal 2023 to 7,294 in fiscal 2024, and parking violations rose from about 875 to about 1,216 over the same interval. Commissioners and traffic commanders said the territory recorded a higher number of traffic fatalities in early 2025 than in recent prior years; the VIPD noted nine fatalities so far in fiscal 2025, eight of which occurred on St. Croix.

Under the bill as amended, the committee was told the fine distribution from each paid citation would include: $1 to the Superior Court for administrative purposes, $2 to the issuing law enforcement agency, $5 to support the police athletic league and youth programs, and $25 for maintenance and upkeep of the VIPD impound lot; sponsors said they would also seek an allocation to support local cultural programs (the committee approved a $2 allocation per citation to the Rising Stars Steel Orchestra as part of a separate amendment). The original impound fee schedule included a $65 towing charge, $35 daily storage and a $25 administrative processing fee; the towing fee was amended to $150.

Officials emphasized enforcement and education. Sergeant Arthur A. Joseph, commander of the Traffic Investigation Bureau, told the committee that low existing fines have limited deterrent effect: \"The fines are so low that people just prefer to just take the fine and move on, not changing their behaviors.\" VIPD leaders described ongoing monthly initiatives targeted at DUIs, seat-belt use and other traffic safety priorities and said they are using data-driven policing to direct enforcement activity.

Legal and fiscal clarifications: Attorney General Gordon Ray and the Department of Justice said increased fines alone are unlikely to resolve nonpayment but that clearer fines and an impound lot would help preserve evidence and support prosecution. Ray noted the bill's fee allocations to nonprofit programs and courts do not include start-up capital for infrastructure; he cautioned that acquisition, fencing, lighting and other costs will be needed to open a territory-run impound facility.

Action taken: The committee approved sponsor amendments by voice and then voted to report the bill favorably to the Rules and Judiciary Committee. On a roll call for the committee's favorable report, the votes were recorded as: Senator Angel Boulkes Jr., yes; Senator Dwayne M. DeGraff, yes; Senator Ray Fonseca, absent; Senator Kenneth L. Gittens, yes; Senator Franklin D. Johnson, yes; Senator Avery L. Lewis, yes; Senator Clifford A. Joseph, yes. The chair announced \"6 yeas, 1 absent.\" The committee record shows the towing fee and the $3-per-citation allocation amendments were adopted prior to the final favorable vote.

What remains: The bill will be considered next by the Rules and Judiciary Committee. Lawmakers and the Department of Justice acknowledged additional appropriation or infrastructure planning will be needed to establish and operate the proposed impound lot before the VIPD can stop relying on private tow yards for long-term vehicle storage.

Sources: Testimony and data presented by Commissioner Mario M. Brooks (Virgin Islands Police Department); Attorney General Gordon Ray; Sergeant Arthur A. Joseph, Traffic Investigation Bureau; and sponsor remarks recorded at the Committee on Homeland Security, Justice and Public Safety hearing on April 3, 2025.","The Legislature's Homeland Security, Justice and Public Safety Committee voted to advance Bill 36-0036 to Rules and Judiciary after amending fines and fee allocations. The bill updates the traffic fine schedule, establishes a police impound lot, and sets an initial fee schedule that was adjusted during the hearing.","actionData","errors"]

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Committee advances amended bill raising pretrial protections in domestic violence cases; restores judicial discretion and adds program, revocation standards

Senate committee advances law to raise traffic fines, create VIPD impound lot; towing fee, fine allocations amended