The Rules and Judiciary Committee, chaired by Sen. Diane T. Capehart, met Thursday to consider nominations and bills. Approved items will be submitted to the full Legislature at its next session.
Nominations Approved:
- Tahmin O. Clarke, GERS Board of Trustees, St. Thomas District
- Aubrey L. Ruan Jr., Virgin Islands Coastal Zone Management Commission
- Mario Brooks, Virgin Islands Police Department Commissioner
Measures Approved:
- Bill No. 35-0224: This act, sponsored by Sens. Diane T. Capehart and Ray Fonseca, amends Title 19, Part V, Chapter 45, Subchapter VI to expand access to behavioral health services. It focuses on creating a Psychiatric Emergency Response Team and using the 9-8-8 telecommunication system. Deputy Commissioner of Public Health Renan Steele, appearing on behalf of Commissioner Justa Encarnacion, stated the Department of Health supports the measure. Steele noted that the 9-8-8 lifeline provides 24/7 access to mental health crisis counselors. He added that the department has developed job descriptions to support the measure, and integration of 9-8-8 and clinical staff will allow for immediate de-escalation and efficient responses.
Renan Steele, deputy commissioner of Public Health, representing the commissioner of the Virgin Islands Health Department, expressed support for a new measure that provides a lifeline for those in crisis. This service offers 24/7 access through calls, texts, and chats with trained crisis counselors who can help individuals facing suicidal thoughts, substance abuse, or mental health issues. The department is preparing job descriptions to implement the plan, which will help responders to de-escalate crises quickly and offer early intervention.
Hazel Philbert, interim CEO of the Juan Luis Hospital and Medical Center, pointed out that JFL lacks a dedicated inpatient care unit for serious health care needs. Instead, they provide emergency stabilization services. She reported that between April 2023 and April 2024, JFL conducted 164 evaluations for behavioral health issues. In 2023, 178 patients with such complaints visited the emergency department, and from January to October 2024, there were 142 patients. Common issues include substance abuse, schizophrenia, anxiety, and depression. Philbert emphasized that JFL supports the new measure, believing that mobile crisis services and a 9-8-8 hotline will help triage patients, improve community care, reduce wait times for non-mental health patients, and save costs for hospitals and law enforcement.
Tina M. Comissiong, CEO of Schneider Regional Medical Center, supported the measure as well. She explained that their hospital must provide emergency care to all patients, regardless of payment ability. In fiscal year 2023, they treated 541 patients for behavioral health issues. Their inpatient unit can host up to eight patients but typically has around six. The average stay in this unit is 83 days, with high operating costs. They have also incurred expenses transferring patients to other facilities.
Sandra Setorie, executive director of the Virgin Islands Public Services Commission, raised concerns about the wording of the proposed measure. She found some terms confusing and pointed out that the reference to “commercial landline telephone subscribers” might exclude some necessary services. Setorie suggested updating the language to clarify that the fee would apply to all voice services, including mobile phones and Voice Over Internet Protocol. She also mentioned that there was confusion regarding a specific section of the law and that the FCC has been resistant to local control over internet services.
Lawmakers passed the following measures:
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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.
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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.
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Bill No. 35-0336, An Act amending Title 5 Virgin Islands Code, subtitle 3, part 1 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, an associate attorney, expressed support for Bill 35-0336, which aims to ensure that everyone accused of a crime receives effective legal representation, as guaranteed by the 6th Amendment of the U.S. Constitution. She raised concerns that some private attorneys with little experience in criminal law are assigned to cases because the Virgin Islands Office of the Public Defender is facing conflicts. Udhwani proposed creating a new Office of Conflict Counsel (OCC) that would have experienced attorneys specializing in criminal defense. She recommended that this office be administratively connected to the Territorial Public Defender’s Office but that they operate separately. To provide job security, she suggested that no employees hired before December 2024 should be fired or have their pay cut without good reason and that the OCC should only represent cases where there is a conflict.
Patricia Lynn Pryor, acting deputy attorney general, expressed concerns about a part of the bill that would give personal immunity to attorneys from both the Office of the Territorial Public Defender and the Conflict Counsel Office. She highlighted that the bill doesn’t exclude situations involving unethical or criminal behavior, which could give these attorneys too much freedom compared to other attorneys who are not given such immunity.
Paul Gimenez, general counsel for the Judiciary of the Virgin Islands also supported the bill. He explained that the Territorial Public Defender’s Office handles most cases for individuals who cannot afford a lawyer, but they face problems when multiple defendants are involved or when someone has previously been represented by them. As a result, private attorneys are often assigned, but there are issues like not enough volunteers, late payments, and a high number of cases needing lawyers. The Judiciary set up the Conflict Counsel Office in 2024 to help with this issue, but it doesn’t have enough staff or funds. They secured some grant money but haven’t gotten the necessary budget appropriations for 2024 and 2025. The OCC needs $1.8 million to continue operating and hire more staff. The Judiciary stressed that funding and support from the Legislature are crucial for the OCC’s success.
Additionally, senators considered the following bills, which were approved:
- Bill No. 35-0254: This act, sponsored by Sen. Diane T. Capehart, amends Title 27, Virgin Islands Code, adding Chapter 21A to establish the Audiology and Speech-Language Pathology Interstate Compact.
- Bill No. 35-0419: This act, sponsored by Sen. Diane T. Capehart, amends Title 27, Virgin Islands Code, Chapter 1A, establishing the Virgin Islands Board of Speech-Language Pathology and Audiology.
- Bill No. 35-0336: This act, sponsored by Sen. Novelle E. Francis Jr., amends Title 5, Virgin Islands Code, Subtitle 3, Part I. It establishes the Office of Conflict Counsel, provides personal immunity to individuals providing legal representation to indigent defendants, and appropriates funds for the office. Associate Attorney Alisha Udhwani voiced support, emphasizing the Sixth Amendment right to counsel. She recommended the office operate separately from, but under the administrative purview of, the Territorial Public Defender. Acting Deputy Attorney General Patricia Lynn Pryor expressed concern that the bill’s grant of immunity is too broad. General Counsel Paul Gimenez supported the measure, noting that the Territorial Public Defender’s Office faces conflicts and that the Judiciary established the OCC in 2024 but lacks funding.
Udhwani expressed her support for Bill 35-0336. This bill aims to protect the right to effective legal representation for everyone accused of a crime, as guaranteed by the 6th Amendment of the U.S. Constitution. Udhwani highlighted problems when inexperienced private attorneys are assigned to cases due to conflicts in the Virgin Islands Office of the Public Defender. While private attorneys are important, many lack the specific skills needed for criminal cases. She proposed creating a Conflict Counsel Office (OCC) to provide experienced attorneys specifically trained in criminal defense. Udhwani suggested that this new office should be connected to the Territorial Public Defender Administration Board for administrative help but that the two offices should function separately. She also recommended job security for OCC employees hired before December 2024 and that the OCC should only represent cases where there’s a conflict of interest with the Public Defender’s Office.
Pryor raised concerns about a section of the bill that would give immunity to attorneys and staff in the Public Defender’s Office and the new Office of Conflict Counsel. She pointed out that the bill doesn’t clarify that this immunity wouldn’t apply to unethical or illegal behavior, which could give these attorneys too much freedom. This type of immunity has never been given to attorneys in the Attorney General’s office.
Gimenez expressed his support for the bill. He explained that the Public Defender’s Office handles most cases for individuals who cannot afford a lawyer but often face conflicts, such as when multiple defendants are involved or if a defendant has been previously represented by them. This leads to the appointment of private attorneys, but there are issues with not enough volunteers, delays in payments, and a high number of cases needing lawyers. To address these challenges, the Judiciary established the Conflict Counsel Office in 2024, which has taken on more cases but lacks full staffing and funding.
Despite receiving grant money to start the OCC, the Judiciary has not been able to secure the necessary budget funds to keep it running. The Judiciary has asked for funds in its 2024 and 2025 budgets but was turned down. The OCC needs $1.8 million to continue operations and hire more staff, such as investigators and administrative support. The Judiciary stressed that the responsibility to fund the OCC lies with the Legislature. With current funding running out at the end of 2024, they urge the Legislature to pass the bill and provide the needed financial support for the Conflict Counsel Office.
Additionally, senators considered the following bills, which were approved:
- Bill No. 35-0399: This act, sponsored by Sen. Angel L. Bolques Jr., amends Title 16, Virgin Islands Code, Chapter 2, Section 99, establishing mandatory minimum bail amounts in domestic violence cases. Attorney General Gordon Rhea testified, explaining that the current law is ambiguous and allows for inconsistent bail amounts. He highlighted the need for clarity and stricter bail conditions in domestic violence cases.
Rhea provided testimony about the current rules for bail in domestic violence cases, which are outlined in 16 V.I.C. §99(b). The law states:
- $1,000 bail – No 10 percent if there are no prior domestic violence (DV) convictions, no use or threat of a weapon, and no harm caused.
- $5,000 bail – No 10 percent if there are no prior DV convictions and if harm occurred or if there is one prior DV conviction and no use or threat of a weapon and no harm.
- $15,000 bail – This applies if there is no prior DV conviction but a weapon was used or threatened, or if there is one prior DV conviction with substantial bodily harm or one prior DV conviction with a weapon, or if there are two prior DV convictions.
In domestic violence cases, bail is typically set the morning after the arrest by a Magistrate Judge. However, the law can be confusing. Sometimes, judges set bail for DV defendants at lower amounts than what the law requires. In other cases, judges believe they cannot set bail higher due to how the current law is written. This can result in dangerous defendants being assigned bail amounts that are too low because of their domestic violence designation.
Rhea stated that the Legislature has shown its commitment to addressing domestic violence by enacting Chapter 2 of Title 16 of the Virgin Islands Code. According to Chapter 16, Section 90, the “Declaration of Purpose” includes the following goals:
- To assure victims of domestic violence the maximum protection from abuse that the law can provide.
- To create a quick and flexible way to respond to and discourage violence and harassment against family members and others in contact with the offender.
- To expand the police’s ability to help victims and enforce the law effectively in domestic violence cases, preventing further abuse.
- To gather data to better understand domestic violence’s causes and occurrences in the Virgin Islands community.
- To ensure fair enforcement of the law by deterring and punishing violence against family members and others connected to offenders.
- To recognize that domestic violence is a serious crime that will no longer be excused or tolerated.
Furthermore, lawmakers approved the following measures:
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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.
Several members of the Virgin Islands community spoke in support of the proposed measure, praising Sanpere for his contributions.
- Robert Schuster praised Sanpere and said he couldn’t say anything negative about him. He emphasized that Sanpere puts his heart into everything he does and shows great resilience during tough times.
- J. David Jackson called Sanpere a crucial part of the community, highlighting him not only as a successful businessman but also as a caring philanthropist. Jackson noted that it’s hard to list all the ways Sanpere has helped the Virgin Islands.
- Nancy Torres expressed that Sanpere is an inspiration for people with disabilities, showing what can be accomplished with courage and determination. She mentioned that he has a special talent for making people laugh and spreading kindness in any situation. Sanpere has also chaired the annual boat parade in Christiansted for 25 years.
- John Harper, president of Marshall + Sterling St. Croix Inc., stated that Sanpere is dedicated to making a positive impact in the community. Harper shared that Sanpere’s fundraising efforts have allowed many young people from the Virgin Islands to attend a national jamboree, which they wouldn’t have been able to do without his help. He described Sanpere as one of the most passionate and committed supporters of important causes he has ever known.
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 Sen. Dwayne M. DeGraff.
Various members of the Virgin Islands community spoke in favor of the measure, praising Georgia Francis for her impact on students.
- Lesley Comissiong described Francis as an unstoppable force who has given hundreds of students a special educational experience that combines discipline, structure, and learning. Comissiong noted that Francis prepared her students to be ready for challenges and to perform well in class.
- Dionne Donadelle affectionately referred to Francis as “Nennie Georgia” and said she is one of the best godparents anyone could have. Donadelle emphasized that Francis has touched many lives through her commitment 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 Thursday’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.
