Diversion of selected offenders

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  • The district and superior courts shall have jurisdiction to divert to a program of community supervision and services, any person who is charged with any offense or offenses against the Government of the Virgin Islands, except murder, kidnapping, assault in the first or second degree, rape in the first degree and arson in the first degree, for which a term of incarceration may be imposed and over which the district or superior courts may exercise final jurisdiction, specifically limited to those who:
    • (a) have not previously been convicted of a violation of any law of the Virgin Islands or of any other territory or state of the United States in any criminal court proceeding after having reached the age of seventeen years, except for minor traffic violations for which no term of incarceration may have been imposed;

    • (b) do not have any outstanding warrants, continuances, appeals, or criminal cases pending before any courts of the Territory or of any other territory or state of the United States;

    • (c) receive a recommendation from a program of community supervision and services that they would, in light of the capacities of and guidelines governing it, benefit from participation in such a program.

    • (d) A defendant diverted to the Superior Court's Pretrial Intervention Program shall pay an administrative fee for monitoring and supervising services in the amount of $200.00.


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