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

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.