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Proposed Bill for Medical Parole of Elderly and Terminally Ill Inmates Stirs Debate

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A recently revisited bill, initially tabled during its initial presentation to the Senate Committee on Homeland Security, Justice, and Public Safety in June, is making waves in the legislature. Bill 35-0045 seeks to offer parole possibilities to the incarcerated who are either advancing in age or grappling with terminal illnesses.

Senator Franklin Johnson, the driving force behind the bill, asserted, “Our legal framework stands on the pillars of justice and compassion.” Johnson emphasized that while those convicted must be held accountable for their actions, they deserve the dignity and compassion in their final moments – echoing the values the territory has historically embraced. He reasoned that the terminally ill or severely incapacitated are not societal threats. By allowing them medical parole, society recognizes their changed circumstances without jeopardizing public safety.

Highlighting the financial strain on the Bureau of Corrections, Johnson cited instances where medical expenses for such inmates exceeded $350,000. In his view, these funds could be redirected towards public welfare projects, like education and rehabilitation. By shifting inmates to facilities better suited for their care, costs could be potentially covered by programs like Medicaid, making it a fiscally prudent move.

However, the BOC Director, Winnie Testamark, offered a different perspective. While agreeing in principle about considering parole for such inmates, she expressed reservations about the bill’s phrasing. She identified possible clashes with existing Virgin Islands Code sections and felt that the bill could inadvertently strip the director of discretionary powers in inmate recommendations. More so, she believed it might infringe upon the governor’s authority over pardons and commutations. A notable concern was that the bill’s current wording might inadvertently make inmates aged 65 and above, including severe offenders, eligible for parole.

Despite Johnson’s reassurances, Testamark stood firm, emphasizing the need for a more comprehensive discussion with all involved parties.

Senator Alma Francis Heyliger accentuated the discussion’s missing voice – the victims’ families. Heyliger previously expressed reservations due to the lack of representation from victims’ families, and her concerns remained unchanged. To her, the absence of this perspective is pivotal, noting, “Being in prison at 65 has its reasons.”

Furthermore, Heyliger, during the first debate, had raised the question of the potential economic implications of the bill. This concern was echoed by Senator Angel Bolques Jr., who was apprehensive about transferring care costs from the BOC to other state bodies, given the questionable financial self-sufficiency of these potential parolees.

While Senators Heyliger and Bolques suggested further refinement of the bill, Committee Chair Senator Kenneth Gittens was keen on progressing it. He stated that the broader legislative assembly would ensure everyone’s concerns are addressed. Encouragingly, Senate President Novelle Francis and Senator Dwayne DeGraff, both non-committee members, urged continued refining of the bill, emphasizing collaboration with the Bureau of Corrections and involvement of victim advocates and the V.I. attorney general, respectively.

Concluding the session, lawmakers voted in favor of Senator Johnson’s revised bill, propelling it forward from the Committee on Homeland Security, Justice, and Public Safety.

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Senate

USVI Senate Rejects Bill for Electing Attorney General Amid Concerns Over Political Influence

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A recent legislative effort to transition the appointment of the U.S. Virgin Islands Attorney General to an elected position was halted in the Senate on Tuesday. Spearheaded by Senator Alma Francis Heyliger, the proposed Bill 35-0248 sought to prompt the U.S. Congress to amend the Revised Organic Act, allowing the Attorney General to be elected directly by the populace.

This initiative rekindled a debate that began with a 1998 opinion poll indicating strong voter support for electing the Attorney General. The push for this change gains context from the recent terminations of former Attorneys General Denise George and Ariel Smith, followed by the appointment of Gordon Rhea by Governor Albert Bryan, with Ian Clement currently serving as acting Attorney General.

During a Committee on Homeland Security, Justice, and Public Safety session, Acting Attorney General Ian Clement outlined potential benefits and risks of the proposed electoral process. He highlighted the conflict of interest that could emerge if candidates for the territory’s chief legal position were to engage in fundraising activities.

Contrarily, Julie Smith-Todman, Chief Territorial Public Defender, maintained a neutral stance but expressed concerns about the possible undue influence of campaign contributions on candidates. She feared such influences might compel candidates to adopt excessively stringent measures to gain public approval.

Local attorney Russell Pate, a supporter of the bill, argued that the Attorney General should represent the people rather than the executive branch, adding to the voices calling for legislative enhancements to improve the bill.

The bill faced opposition from several senators, including Kenneth Gittens who expressed concerns about the potential for further politicization of the office and the loss of legislative oversight over the Department of Justice. Senator Franklin Johnson also voiced hesitations about the influence of political donors on an elected Attorney General.

While Senator Ray Fonseca initially leaned towards supporting the bill, he eventually abstained from the vote, influenced by his peers’ reservations.

Senator Francis Heyliger defended the bill passionately, countering arguments against politicization by stating the inherent political nature of the office and questioning the dismissal of the electorate’s ability to choose their representatives effectively.

Ultimately, the proposal was defeated, with only Senators Francis Heyliger and Dwayne DeGraff voting in favor. This decision comes over two decades after a significant portion of USVI voters expressed their desire to elect their Attorney General, leaving the issue unresolved.

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Senate Supports Revised “Serenity’s Nest” Project Following Amended Proposal

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The vision of Positive T.A. Nelson, known as the “Cannabis Czar,” to create a social hub at his St. Croix residence has gained new momentum with significant backing from legislators. Nelson’s revised proposal for land use, aiming to build a space for outdoor events and various activities in Estate Morning Star, has successfully garnered legislative favor.

Initially endorsed during a December Committee of the Whole Meeting, Nelson’s plan promised to mitigate potential noise disruptions with strategic tree planting and a commitment to conclude all activities by 2 a.m. This plan was bolstered by Nelson’s assertion of having alleviated the concerns of a previously dissenting neighbor through dialogue, suggesting a consensus had been reached.

However, subsequent revelations highlighted the continued resistance from several neighbors, concerned about preserving the tranquil nature of their surroundings. This led to a withdrawal of support from senators, including Alma Francis Heyliger, who emphasized fairness and the importance of maintaining residential peace, alongside Senators Franklin Johnson and Donna Frett-Gregory.

A shift occurred three months later when an amendment to the proposal, which removed the amphitheater component and adjusted the event curfew to 1 a.m., convinced 10 out of 11 attending lawmakers to approve the project. Senator Carla Joseph chose not to vote.

The adjustment to the bill came after Senator Angel Bolques Jr., following advice from peers, took the initiative to revisit and amend the proposal. Senator Novelle Francis, presiding as chair of the Committee of the Whole, was instrumental in addressing the concerns of the neighbors.

During a legislative session on Monday, Senator Johnson expressed satisfaction over the resolution between Nelson and the opposing neighbors, highlighting the legislative visit to the site to understand the nuances of the conflict better. Senator Javan James Sr. conveyed to Nelson the assembly’s intention to balance the project’s benefits with the well-being of local residents.

Senator Bolques praised the revised bill as a foundational step towards establishing “Serenity’s Nest” as a vibrant locale for cultural celebration, community vitality, and unity, reflecting a significant turn in the project’s journey towards realization.

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The Committee of Rules and Judiciary Endorses Governor Bryan’s Three Nominees

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The Committee of Rules and Judiciary recently expressed unanimous support for three distinguished nominees proposed by Governor Albert Bryan Jr., underscoring a promising direction for the U.S. Virgin Islands. Harold Willocks is set to grace the Supreme Court as its newest justice, Averil George is nominated to lead the Department of Human Services as its commissioner, and Antonio Stevens is poised to direct the Department of Fire and Emergency Services.

Judge Harold Willocks shared insights into his extensive service history during the committee meeting, reflecting on his roles ranging from the Chief Public Defender appointed in 1992 to a seasoned judge at the V.I. Superior Court, where he served three terms before his current nomination. When queried by Senator Marise James about his desire to ascend to the Supreme Court, Willocks emphasized his commitment to serving the community more effectively from the bench, showcasing his humility and dedication to justice.

Averil George, nominated for the Department of Human Services, outlined her vision for the agency, emphasizing her resolve to enhance operational efficiency and staff welfare. Her tenure thus far has been marked by significant initiatives, including the upgrade of facilities and the digitalization of the department’s fiscal operations, aimed at ensuring the well-being of the territory’s most vulnerable citizens. George’s nomination was met with strong support from the senators, recognizing the magnitude of her responsibility and her commitment to the task.

Antonio Stevens, stepping up as the director of the V.I. Fire and Emergency Medical Services, detailed his strategic plans to address the critical shortage of paramedics and firefighters through ambitious hiring goals and salary adjustments. His proactive approach to improving service delivery and morale within the department resonated with the committee, highlighting a forward-thinking leadership style that promises to strengthen the territory’s emergency response capabilities.

The committee also navigated through a diverse legislative agenda, advancing several bills aimed at enhancing social welfare, honoring notable citizens, and supporting public service. Among these were initiatives to assist the formerly incarcerated in finding employment, to establish a health registry for chronic diseases, and to increase support for government employees.

These developments reflect the U.S. Virgin Islands’ commitment to governance, public service, and community welfare, guided by the astute leadership of Governor Bryan and the dedicated public servants stepping into their new roles.

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