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

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.
Senate
Senator Gittens Challenges HPC Authority: Proposed Bill Seeks Reframing of Historic District Boundaries

The authority of the Historic Preservation Committee (HPC) is being starkly challenged by Senator Kenneth Gittens following controversial decisions impacting iconic local symbols, such as the “I Love St Thomas” sign in Charlotte Amalie’s historic Vendor’s Plaza. Senator Gittens expressed serious concerns over the HPC’s influential reach and is set to propose new legislation intended to reshape the committee’s current jurisdiction.
Senator Gittens, on a recent Friday debate on rezoning applications, pointedly questioned the decisions made by the HPC. “Why does the HPC get to decide whether the ‘I Love St. Thomas’ sign stays?” he asked, highlighting a growing discord on the committee’s role in local governance.
The removal of the sign by HPC was also criticized by Governor Albert Bryan, marking it as a symbol of the committee’s overreach and its role in obstructing revitalizing initiatives within the territory’s towns. Despite past policy disagreements, it seems Governor Bryan and Senator Gittens are united in their stance on HPC’s actions. “While the Historic Preservation Commission has a role to play, their actions can be excessive,” noted Gittens during his address.
Senator Gittens is backing Bill No. 35-0134, focused on reviving the once-thriving Outrigger Hotel and marina on Hospital Road, Christiansted Town. He expressed his discontent over stagnation in development projects in several of St. Croix’s abandoned structures.
Senator Gittens opined that the HPC’s restrictive stance on downtown development is stifling economic growth, emphasizing the need to revisit preservation restrictions in pivotal economic areas like Christiansted and Frederiksted. Contrarily, the HPC rebuffs claims of being a barrier to development, asserting that the majority of proposals receive their approval.
Governor Bryan, who has previously called out Mr. Gittens for not providing solutions, is now likely to witness a proactive step from the Senator. Gittens revealed plans for a forthcoming bill aimed at moderating HPC’s influence. “The new bill will mandate the HPC to pinpoint and preserve structures with historical significance within the historic districts of Christiansted, Frederiksted, Charlotte Amalie, and Cruz Bay, and liberalize the rest,” he proposed.
He advocated for the release of non-significant structures from stringent preservation norms, emphasizing the need for maintenance to preserve the aesthetic appeal of the towns. For Gittens, addressing the obstructions created by the HPC in economic development is a priority and he assures that the matter will be taken up soon.
Senate
Legislative Progress and Rezoning Amidst Power Interruptions: A Glimpse into the Recent Senate Session

In a comprehensive legislative session last Friday, marked by intermittent power outages, senators passed crucial resolutions, confirmed nominees to pivotal boards, and approved several leases and zoning modifications. These decisions are pivotal for the governance and development of the territory, impacting sectors from energy to real estate.
Lionel Selwood, a veteran in the energy sector, received confirmation to join the Water and Power Authority Governing Board. His nomination had previously received commendations from lawmakers, a sentiment that persisted during Friday’s session. Senator Franklin Johnson lauded him as one of the most competent candidates for WAPA’s board, emphasizing the necessity of his expertise to rectify existing issues within the sector.
Angel Dawson, the newly appointed Administrator of the Government Employees Retirement System (GERS), also received a warm welcome and approval from the senators. His commitment to working with present and future legislatures to uphold the trust bestowed upon government employees and retirees was met with appreciation and hope for the stability and growth of GERS.
Post-confirmation, the focus shifted to proposed leases and zoning amendments. The Senate unanimously approved the leases, previously scrutinized and endorsed by the committees on Budget, Appropriations, and Finance, as well as Rules & Judiciary. The rezoning requests, particularly for the island of St. Croix, were presented by Leia LaPlace-Matthew, a territorial planner at the Department of Planning and Natural Resources.
One significant rezoning request involved the former Outrigger Hotel, Restaurant, and Yacht Club, aiming to revitalize the property into a multifunctional facility, including a hotel, restaurant, and marina operation. The approval for rezoning from strictly residential use to a less restrictive classification is seen as a catalyst for redevelopment in Christiansted, aligning with the department’s vision for urban renewal.
Another approved rezoning request pertained to a 12.62-acre parcel in Estate Paradise, currently non-compliant with its zoning category. The rezoning from low-density residential to commercial is expected to rectify this non-conformity and facilitate business expansion, considering its proximity to the airport and the existing industrial character of the surrounding area.
The third variance request was for plots in Frederiksted, with aspirations to transform the property into a building contractor’s office, complete with shops and general contractor services. The enthusiasm surrounding this proposal stems from its potential to enhance the territory’s homebuilding capacity, a crucial need as the Virgin Islands continue to rebuild post the 2017 hurricanes.
Several bills also crossed their final legislative milestone on Friday, including Bill 35-0082, aimed at regulating the suspension and expulsion of young students, and Bill 35-0083, establishing distinct horse racing commissions for each district, along with related anti-doping regulations for racehorses. The budget bills, crucial for funding operations across government branches and agencies, also received approval, along with the continuation of the government’s group insurance policies with leading providers.
Concluding the session, senators passed a resolution honoring the VI National Guard on its 50th anniversary and reallocated $4.9 million from capital projects under the Virgin Islands Public Finance Authority to diverse projects.
This legislative session, despite its interruptions, marked significant advancements in various sectors, reflecting the collective effort to foster development and address the pressing needs of the territory. The approved measures and resolutions are steps towards a resilient and progressive future for the Virgin Islands, ensuring the well-being and prosperity of its residents.
Senate
St. Thomas Anticipates Economic Revival as Lawmakers Approve Key Property Leases

The 35th Legislature of St. Thomas is setting the stage for an economic upswing as it greenlights leases for three significant local businesses. This week, the Committee on Budget, Finance and Appropriation, along with the Committee on Rules and Judiciary, approved property leases for Dave’s Trucking Services, Moe’s Fresh Market, and Petrus Properties LLC.
Vincent Richards, from the Department of Property and Procurement, joined forces with representatives from each of the three businesses to outline the specifics of the leases. Dave Jeffers, owner of Dave’s Trucking Services, revealed plans to construct office spaces for his trucking enterprise at an estimated budget of $80,000. The Legislature had previously approved a different property lease for him in 2019, which was later abandoned due to safety risks. Jeffers expressed concerns about potential ground collapse due to underground tanks, stating, “The safety of my employees and the community is paramount.”
In another significant move, the Legislature approved a lease for over 27,000 square feet of land in Estate Nisky for Moe’s Fresh Market. Wally Hamed, president of Demah Inc., the parent company of Moe’s Fresh Market, pledged an investment of over $7 million in the project. “We aim to create at least 50 jobs during the construction phase and sustain 60 permanent positions once operational,” Hamed said. Vincent Richards added that the property’s strategic location at the entrance of the sub-base area would act as a catalyst for its rehabilitation.
Petrus Properties LLC also secured a lease for waterfront property in St. Thomas. The company plans to construct a two-story commercial building, adding to their existing well-maintained property, which Richards described as the “gold standard.” Kiana Petrus-Abraham, the director of operations at Petrus Properties, emphasized the company’s commitment to local businesses, stating, “Petrus Plaza has consistently retained its tenants since its inception.” The new project is expected to require an investment of approximately $1.5 million.
The legislative members expressed unanimous support for all three leases. Sen. Diane Capehart remarked, “It’s impossible to say no to businesses that have positively impacted our community and are looking to grow.” Sen. Javan James Sr. labeled the proposals as “obvious choices.”
With the initial legislative approvals in place, the leases are set for further consideration in an upcoming full Senate session. Additionally, a fourth lease aimed at establishing a permanent headquarters for St. Thomas Rescue is under review, pending amendments to make it more favorable for the volunteer organization.
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