Form and execution of warrant; apprehension without warrant; trial

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  • (a) The warrant provided for in section 1131 of this title shall run in the name of “The Government of the Virgin Islands”, and shall be directed to the marshal of the court issuing the warrant. The marshal shall forthwith take into custody the person alleged to be mentally ill and bring him before the court out of which the warrant was issued. If it appears to the judge who issued the warrant that the person is mentally ill, he shall appoint an attorney to represent such person and shall certify such person to the care and custody of the Commissioner of Health, for such restraint and treatment, pending commencement of and during the judicial proceedings provided for herein and in such manner and place as in the opinion of the Commissioner is necessary; Provided, however, That no such restraint and treatment shall be for a period in excess of fifteen (15) days without the order of the court issuing the warrant.

  • (b) Any person, apparently mentally ill, and conducting himself in a manner which in the case of a sane person would constitute disorderly conduct as defined in section 622, Title 14 of this code, may be arrested by any peace officer, who shall forthwith bring such apparently mentally ill person before the judge of the district court or a judge of the Superior Court. If it appears to any such judge that the person is apparently mentally ill, the procedure outlined in subsection (a) of this section shall apply.

  • (c) At the time of certifying the apparently mentally ill person in accordance with the provisions of subsections (a) and (b) of this section, the judge shall establish by endorsement on the warrant the date and time for trial. The trial of any action under the provisions of this chapter shall be in the district court without a jury, unless counsel for the apparently mentally ill person requests a jury.


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