Probation for youthful offenders

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  • (a) Upon a conviction of any offense against the laws of the Virgin Islands, not punishable by life imprisonment, if the defendant so convicted has not yet reached 21 years of age, and if the defendant so convicted has not previously been convicted under the laws of the Virgin Islands, the United States or a state or territory thereof, or any other jurisdiction, of an offense which would be a felony in the Virgin Islands or a misdemeanor in the Virgin Islands punishable by 6 months or more imprisonment, the court may, with the consent of the defendant and the Government of the Virgin Islands (represented by either the United States Attorney or Attorney General of the Virgin Islands), impose a sentence of not less than 2 years and 1 month, providing that the defendant shall be incarcerated for not more than one month, the execution of the remainder thereof shall be suspended and the defendant be placed on probation for not less than the remainder under such terms and conditions as the court shall set.

  • (b) A sentence shall be imposed pursuant to this section only after the court files, as part of the public record of the case, written findings of fact which shall include, but are not limited to:

    • (1) the age of the defendant;

    • (2) the past conduct of the defendant, if any;

    • (3) pre-sentence investigation report;

    • (4) the suitability of the defendant as a subject for rehabilitation; and

    • (5) such other findings as may be recommended by the defendant or Government of the Virgin Islands.

  • (c) The order of the court suspending execution of the sentence imposed pursuant to this section shall set forth the conditions of such suspension which may be modified or revoked for cause at any time and the court shall retain jurisdiction of the cause until final disposition under the provisions of subsection (d) hereof.

  • (d) Five years from the date on which a defendant is discharged after compliance with the terms and conditions of probation imposed pursuant to this section, the court upon motion by the defendant, shall issue to the Government of the Virgin Islands, a notice to show cause, answerable within 10 days, why the record of defendant's conviction and sentence should not be expunged. Unless it is shown that since receiving his sentence under this section, the defendant has been convicted of an offense under the laws of the Virgin Islands, the United States, or a state or territory thereof, or any other jurisdiction, punishable by six months or more imprisonment, or unless other good cause is shown, the court shall order that such records be expunged.

  • (e) Expungement under subsection (d) hereof shall operate as an absolute obliteration of the fact and record of the conviction expunged, and shall entitle the individual in question, in all instances in which he is requested or required to divulge criminal convictions, to state unequivocally that no such conviction has occurred.

  • (f) A defendant sentenced pursuant to this section shall pay an administrative fee for probationary services in the amount of $200.00.


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