COMMITTEE ON HOMELAND SECURITY, JUSTICE AND 
PUBLIC SAFETY 
 
BILL NO.
36-0231 
 
Thirty-Sixth Legislature of the Virgin Islands 
 
 
 
February 2, 2026 
 
 
 
An act amending title 5 Virgin Islands Code, subtitle 3, part III, chapter 401, by adding section 
4507a to establish procedures for inmate transfers outside the Virgin Islands 
 
 
 
PROPOSED BY: 
 
 
Senator Kenneth L. Gittens 
 
Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Title 5 Virgin Islands Code, subtitle 3, part III, chapter 401, is amended 
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by adding section 4507a: 
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4507a.  Transfer of inmates to facilities outside the Territory; exceptions 
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(a) 
The Legislature of the Virgin Islands finds that incarcerated individuals have a right 
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to rehabilitation and family connection.  The practice of transferring inmates outside the 
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Territory without adequate review undermines rehabilitation and can lead to psychological 
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harm and legal complications.  There is a need to limit decisions made by the Director of the 
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Bureau to transfer inmates and to ensure that the decisions are balanced, justified, and 
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transparent.  The purpose of this act is to: 
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(1) 
establish clear procedures for inmate transfers outside the Virgin Islands; 
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(2) 
prevent abuse of administrative authority; 
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(3) 
protect inmates' rights to family connection and rehabilitation; and 
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(4) 
ensure transfers are done only when necessary, and with oversight. 
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(b) 
The Director may not transfer an inmate who is serving less than a10-year sentence, 
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to a correctional facility outside the Territory unless a transfer request is approved in 
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accordance with subsection (c). 
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(c) 
All inmate transfer requests shall comply with the following process: 
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(1) 
A written transfer request must be prepared by the facility s warden or 
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supervising officer outlining: 
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(A) the justification for the proposed transfer, including documented 
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behavioral issues, threats to safety, or need for higher security; and 
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(B) the availability of educational or vocational programs in accordance 
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with section 4503(c). 
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(2) 
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in subsection (e), shall review the transfer request and consider the following as part of 
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its review: 
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(A) the inmate's proximity to family for visitation and rehabilitation 
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purposes; 
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(B) the availability of programs and services necessary for rehabilitation; 
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(C) the inmate's security classification; 
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(D) the potential impact on the inmate's legal proceedings; and 
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(E) 
the input of mental health professionals and legal counsel. 
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(3) 
The Committee shall, within 10 business days of receiving the transfer 
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request, issue a written recommendation and provide a copy of the recommendation to 
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(4) 
If the Committee recommends that the transfer request be approved, the 
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Director must submit the recommendation to the Governor who shall, within five business 
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days of his receipt of the recommendation, issue a written approval or denial of the 
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transfer request.  
 
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(d) 
Notwithstanding subsection (b), in cases where an inmate poses an imminent threat 
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to the safety of other inmates, staff, or to themselves, and the Bureau lacks adequate capacity 
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to address the situation internally, an emergency transfer may be requested as follows: 
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(1) 
The Director shall provide the Governor with the following information at 
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least 48-hours prior to the requested transfer: 
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(A) the nature of the threat or emergency; 
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(B) efforts taken to address the issue internally; 
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(C) the receiving facility; and 
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(D) the projected duration of the transfer. 
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(2) 
The Governor shall approve or deny the emergency transfer request within 
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48-hours. If no response is received from the Governor within this timeframe, the transfer 
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may proceed but must be reviewed by the Committee within seven days.  If the 
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Committee finds that the transfer should not have been made, the Bureau shall arrange 
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for the inmate to be returned to the Virgin Islands within 30 days. 
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(e) 
There is established within the Bureau, a Multidisciplinary Case Review 
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Committee for the purpose of reviewing and issuing written recommendations for inmate 
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transfer requests.  The Committee is comprised of the following four members: 
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(1) 
the Attorney General, or his designee; 
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(2) 
a licensed mental health professional designated by the Commissioner of 
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the Department of Health; 
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(3) 
the Public Defender, or his designee; and  
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(4) 
a family liaison officer from the Bureau designated by the Director. 
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The Committee shall elect a Chairman of the Committee from one of its members. 
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(f) 
This section does not apply to: 
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(1) 
Federal detainees or prisoners who are under the custody of the United States 
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government and must be housed in a federal facility pursuant to federal law or agreement. 
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(2) 
Inmates diagnosed with a behavioral or mental health condition that cannot 
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be properly treated within the Territory and require placement in an external specialized 
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mental health facility, as certified by the Virgin Islands Department of Health. 
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(g) 
The Bureau shall submit an annual report to the Legislature, not later than 
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December 1 of each year, detailing: 
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(1) 
the number of inmates transferred outside the Territory; 
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(2) 
the justification for each transfer; 
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(3) 
the receiving facilities; 
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(4) 
the duration of stay; and  
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(5) 
family visitation data; when applicable. 
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(h) 
Any official or employee who violates this section may be subject to appropriate 
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administrative discipline, including suspension from duty without pay or removal from office. 
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(i) 
The Virgin Islands Inspector General shall have authority to investigate complaints 
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SECTION 2.  The Bureau of Corrections shall revise internal policy manuals and staff 
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training protocols to comply with this act within 90 days of its enactment. 
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BILL SUMMARY 
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This bill amends title 5 Virgin Islands Code, subtitle 3, part III, chapter 401, by adding 
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section 4507a prohibiting the Director of the Bureau of Corrections from transferring an inmate 
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who is serving less than 10 years, to a facility outside the Territory unless a written transfer 
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request is submitted to and receives a favorable recommendation from the Multidisciplinary 
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Case Review Committee and is approved by the Governor. 
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BR25-0871/October 28, 2025/GC 
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