Senate
Senator Johnson Highlights BOC’s Revenue Potential; Director Defends Focus on Rehabilitation

In a recent session of the Senate Committee on Homeland Security, Justice, and Public Safety, a dialogue meant to be about new parole legislation took an unexpected turn. Senator Franklin Johnson expressed concern over the Bureau of Corrections’ (BOC) apparent lack of initiatives in revenue generation. However, Winnie Testamark, the BOC Director, emphasized the shift in the agency’s priority from income-driven activities to inmate rehabilitation and their subsequent reintegration into the community.
Senator Johnson raised a query about an embroidery machine supposedly owned by the BOC. An official from the agency confirmed its existence but mentioned that it was dormant. The Senator expressed his frustration, noting potential income streams from agencies across the territory that require embroidery services. He stated, “While the machine sits unused, inmates essentially enjoy free amenities.”
Taking a trip down memory lane, Sen. Johnson recalled the days when the prison operated a thriving farm. This farm sold produce not just at local stalls but also to leading supermarkets in the territory. He nostalgically mentioned a consistent delivery routine pre-Hurricane Hugo in 1989, saying, “For seven months, they had a regimented delivery – 1000 pounds of cucumbers on Mondays, zucchinis on Wednesdays, and tomatoes on Fridays. This was a testament to our well-structured farming initiative.”
The Senator firmly believes that inmates should aid the BOC in generating income while undergoing rehabilitation. Yet, Ms. Testamark stood her ground, stressing that the vision of corrections has evolved over time. “The landscape of corrections today is not what it was in the past,” she remarked.
Ms. Testamark shared that produce cultivated through the prison’s agricultural endeavors is now channeled directly to the BOC’s kitchens, enhancing inmates’ access to fresh produce, rather than for external sale. Furthermore, she highlighted partnerships, like the memorandum of understanding with the Department of Public Works, where inmates actively collaborate with outside institutions.
The core mission of BOC, as explained by Ms. Testamark, is equipping inmates with marketable skills that enable them to earn a decent income upon their release. She said, “The focus is on preparing inmates for a sustainable life post-incarceration.”
Contradicting the Senator’s claim of zero revenue from the BOC, the Director highlighted that the bureau had contributed half a million dollars to the government from hosting federal inmates. She stated, “It’s crucial to correct misconceptions. Our diligent staff works tirelessly to ensure the well-being of those under our care, and we perform commendably.”
In the ever-changing dynamics of corrections, while revenue generation remains important, the BOC’s current priority underscores the broader societal role of rehabilitating inmates and prepping them for a productive life outside prison walls.
Senate
Extensive Efforts and Over $1 Million Expenditure in Bovoni Landfill Fire Mitigation Detailed to Lawmakers

In a detailed briefing on Wednesday, lawmakers were informed about the extensive multi-agency response to the prolonged Bovoni Landfill fire that occurred in September. Daryl Jaschen, the V.I. Territorial Management Agency Director, represented various government bodies in his testimony.
Jaschen highlighted the unified command’s rigorous efforts, which met bi-daily until October 4, utilizing over 1.85 million gallons of water amidst challenging dry conditions at the landfill. He emphasized the crucial support from Puerto Rico’s National Guard, facilitated by an Emergency Management Assistance Compact, for which $74,000 will be reimbursed. This amount is additional to the over $1 million expended locally on the response.
Furthermore, Jaschen shed light on the qualitative data collection during the firefighting operations, aimed at providing vital information on health conditions, safety, clean water access, and evacuation procedures. This data was pivotal for the V.I. Department of Health’s educational campaigns on health risks from smoke and pollutants. Plans for a townhall meeting by VIFEMS, VITEMA, and the Department of Health were disclosed, focusing on using this data to identify community priorities and solutions.
Preventative measures were also discussed. Since October 1, approximately 22,500 cubic yards of green waste have been relocated within the landfill. An ongoing effort involves covering this area with over 30,000 cubic yards of material to avert future fires. The landfill has resumed normal operations, albeit with a temporary suspension in accepting green waste.
The Waste Management Authority plans to utilize a recent $6 million grant for developing territory-wide standard operating procedures for waste management. Jaschen also paid homage to the late Daryl George, former VIFEMS director, for his significant role in the emergency response and coordination efforts.
The committee, chaired by Senator Ray Fonseca, delved into the operational challenges faced, such as the distance of the nearest fire hydrant from the landfill. St. John Deputy Fire Chief Magabe Calixte mentioned ongoing discussions with multiple stakeholders to improve firefighting infrastructure. There were also mentions of alternative water sources for firefighting, ensuring safety from contamination.
Concerns were raised by VIFEMS about outstanding payments to local water haulers, despite legislative support for their compensation. This prompted critical remarks from Senators Milton Potter and Donna Frett-Gregory, with Frett-Gregory particularly questioning the Waste Management Authority’s absence and lack of a clear strategy for green waste management.
Sen. Fonseca urged VIFEMS to formulate a comprehensive plan for the committee’s review and funding, highlighting the urgency of addressing these challenges independently of the already burdened WAPA.
Senate
Uncertainty in Budget Preparedness and Vendor Payment Issues Addressed by Finance Commissioner Nominee

Kevin McCurdy, the nominee for Commissioner of the Department of Finance, expressed uncertainty about the readiness of Fiscal Year 2024 budgets for various government departments and agencies during his confirmation hearing before the Senate Committee on Rules and Judiciary.
When Senator Donna Frett-Gregory questioned the status of Fiscal Year 2024 budgets, asking if they were “loaded and available for the departments and agencies to expend, obligate etc.,” Mr. McCurdy initially referred the question to the Office of Management and Budget. However, he later admitted, “I can’t say that with 100 percent certainty. I just don’t want to lie to you and say yes.” Senator Frett-Gregory, not satisfied with his response, emphasized the importance of this knowledge.
The hearing also delved into the Department of Finance’s ongoing challenges, especially concerning vendor payments and cash flow management. Mr. McCurdy, in a conversation with Senator Angel Bolques Jr., acknowledged the critical need to address the delays in vendor payments, saying, “It’s not lost on me…we need to find a way to better manage our cash and reduce that long lag time in getting vendor payments out.”
A significant issue identified by Mr. McCurdy was the mismatch between seasonal collections and consistent bill obligations. This challenge was highlighted in response to Senator Kenneth Gittens’s concerns about reports of undelivered checks to vendors. Mr. McCurdy suggested that these delays could be connected to the procedures for federal funds disbursement.
When Senator Carla Joseph asked about specific strategies for resolving the longstanding issue of delayed vendor payments, Mr. McCurdy mentioned ongoing discussions with banking partners to balance cash inflows and outflows, though no final solution had been confirmed.
Mr. McCurdy emphasized the need for greater adherence to policies and procedures within the Department of Finance, noting the community’s tendency to sometimes overlook established protocols.
The urgency of these budgetary and financial management issues was underscored by recent events, including layoffs at the V.I. Dept. of Tourism, attributed to the unavailability of its fiscal year 2024 budget. This situation is not isolated to the D.O.T., as several departments and agencies are reportedly still awaiting their 2024 budget allocations, three months into the new fiscal year, based on information from government officials.
Senate
Court Rejects Legislative Inquiry into Judge’s Term, Sanctions Threatened for Frivolous Motions

Presiding Judge Renée Gumbs Carty, in a concise ruling, dismissed a motion from defendants in the lawsuit brought by former Senator Steven Payne against the 34th Legislature and its President, Senator Donna Frett-Gregory. The motion, filed on November 22, raised questions about a gap in Judge Gumbs Carty’s appointment—from the end of her official term on November 30, 2022, until her May 15, 2023, appointment as Senior Sitting Judge of the Superior Court.
The defense’s motion sought clarity on the judge’s authority to preside during this interim period. Additionally, a second motion requested a temporary pause in court proceedings for 10 days following the judge’s response.
Judge Gumbs Carty firmly rejected both motions on Thursday. She criticized the defense’s legal strategy, labeling the motions as frivolous and an attempt to undermine the Rules of Civil Procedure by causing unnecessary delays and distractions. The judge sternly warned that any further such motions could lead to a “show cause” hearing, where the attorneys would need to justify their actions to avoid sanctions.
With these motions set aside, the focus shifts back to the upcoming bench trial, scheduled for March 14, 2024. The trial’s timeline remains fixed, barring any new developments or filings that might prompt a reassessment.
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