Special police in emergency

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  • (a) In case of riot, or impending or unusual disturbances, the Governor, upon recommendation of the Police Commissioner, may, if he deems the police force of the Virgin Islands inadequate to maintain law and order, specially deputize any number of persons who are citizens of the United States and residents of the Virgin Islands to act as special patrolmen. Such special patrolmen shall receive compensation equal to that paid for similar ranks and grades in the regular force. Special patrolmen shall have the same authority as patrolmen when on duty and shall be subject to the authority of the Police Commissioner.

  • (b) The special patrolmen authorized to be deputized under subsection (a) of this section shall serve for such period of time as the Governor may deem necessary, but not to exceed 10 consecutive days except in cases of riot or grave public disorder.

  • (c) Whenever the Police Commissioner determines that the police force requires assistance in specific areas of police work, the Governor, on the recommendation of the Police Commissioner, may employ retired police officers to perform police work in any area designated by the Police Commissioner.

  • (d) A retired police officer employed under subsection (c) shall perform such duties and serve for such period as provided in the contract.

  • (e) Retired police officers employed under subsection (c) are subject to 3 V.I.C., § 706(c).

  • (f) Whenever the Police Commissioner determines that the police force requires assistance in specific areas of police work, the Governor, on the recommendation of the Police Commissioner, may temporarily reassign peace officers employed within the executive branch to perform police work in any area designated by the Police Commissioner.

  • (g) The Commissioner of the US Virgin Islands Police Department is granted authority to issue commissions as Virgin Islands Peace Officers to certain federal law enforcement officers of certain federal agencies. The procedures to be followed in the issuance and revocation of commissions and the respective rights and responsibilities of the Virgin Islands Police Department and the federal agencies shall be set forth in a written agreement to be executed between the Attorney General of the Virgin Islands, the Commissioner of the Virgin Islands Police Department and the Director of the appropriate federal agency.

    • (1) The agreement referred to in subsection (f) shall contain the following conditions:

      • (A) The Attorney General or his designee shall conduct an orientation with federal agents and certify that they have participated in the orientation in regards to Virgin Islands law and cultural sensitivities/competence.

      • (B) The Virgin Islands Police Commissioner or his designee and the Director of the appropriate federal agency or his designee shall be required to meet twice each year or more frequently at the call of the Attorney General of the Virgin Islands or the Virgin Islands Police Commissioner to discuss the status of the agreement. The Commissioner shall submit to the Legislature, within six months of the enactment of this Act, a comprehensive report highlighting the impact of this Act to include statistics on criminal activities in the Territory together with his recommendations for the extension of peace officer status to the federal agents based on data collected and measurable result.

      • (C) A commission issued to a federal officer granting peace officer status shall expire one year after such commission was granted and may be renewed by the Virgin Islands Police Commissioner on a yearly basis.

    • (2) Law Enforcement Officers of the following federal agencies may be commissioned as Virgin Islands Peace Officers:

      • (A) Federal Bureau of Investigation (FBI);

      • (B) Drug Enforcement Administration (DEA);

      • (C) United States Customs and Border Protection (CBP);

      • (D) Bureau of Alcohol, Tobacco and Firearms (ATF);

      • (E) United States Immigration and Customs Enforcement (ICE);

      • (F) United States Marshals Services (USMS); and

      • (G) United States Coast Guard (USCG).

    • (3) Federal Law Enforcement Officers as outlined in paragraph 2(A), (B), (C), (D), (E), (F) and (G) are recognized and authorized to act as Virgin Islands Peace Officers to enforce local laws in the Virgin Islands, including the power to make arrests for violation of Virgin Islands laws. The Virgin Islands Police Commissioner and the Attorney General of the Virgin Islands shall maintain a registry that lists the name and affiliated federal agency of every law enforcement officer commissioned and authorized to act as a Virgin Islands Peace Officer pursuant to this section.

    • (4) A commission issued to a Federal Officer granted peace officer status shall lapse if the agent leaves the Virgin Islands for 180 consecutive days.

    • (5) The Commissioner of the Virgin Islands Police Department may suspend or revoke any Commission of Peace Officer status issued to a federal agent prior to the expiration of said Commission at his discretion.

    • (6) Any federal law enforcement officer acting pursuant to this section may use any reasonable force which the officer reasonably believes to be necessary to defend himself or another person from bodily harm while making a lawful arrest or any reasonable force necessary in arresting any felon fleeing from justice when the officer reasonably believes either that the fleeing felon poses a threat of death or serious physical harm to the officer or others or that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.


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