Definitions

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  • As used in this subchapter:
    • (a) “Addict” means any individual who habitually uses any narcotic drugs as defined by section 593 of this title, so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of such narcotic drugs as to have lost the power of self-control with reference to his addiction.

    • (b) “Commissioner” means the Commissioner of Health.

    • (c) “Crime of violence” includes voluntary manslaughter, murder, rape, mayhem, kidnapping, robbery, arson, burglary, extortion accompanied by threats of violence, assault with a dangerous weapon or assault with intent to commit any offense punishable by imprisonment for more than one year or an attempt or conspiracy to commit any of the foregoing offenses.

    • (d) “Treatment” includes confinement and treatment in an institution and under supervised aftercare in the community and includes, but is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by correcting his antisocial tendencies and ending his dependence on addicting drugs and his susceptibility to addiction.

    • (e) “Felony” includes any offense in violation of a law of the Virgin Islands classified as a felony under section 2 of Title 14 of the Virgin Islands Code.

    • (f) “Conviction” and “convicted” mean the final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere but do not include a final judgment which has been expunged by pardon, reversed, set aside or otherwise rendered nugatory.

    • (g) “Eligible individual” means any individual who is charged with an offense against the Government of the Virgin Islands, but does not include:

      • (1) an individual charged with a crime of violence.

      • (2) an individual charged with unlawfully importing, selling, or conspiring to import or sell, a narcotic drug.

      • (3) an individual against whom there is pending a prior charge of a felony which has not been finally determined or who is on probation or whose sentence following conviction on such a charge, including any time on parole or mandatory release, has not been fully served; Provided, That an individual on probation, parole, or mandatory release shall be included if the authority authorized to require his return to custody consents to his commitment.

      • (4) an individual who has been convicted of any felony on two or more occasions.

      • (5) an individual who has been civilly committed under this subchapter, under the District of Columbia Code, or any State proceeding because of narcotic addiction on three or more occasions.


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