(a) An individual who is committed to the custody of the Commissioner of Health for treatment under this chapter shall not be conditionally released from institutional custody until the Commissioner of Health determines that he has made sufficient progress to warrant release to a supervisory aftercare authority. If the Commissioner of Health is unable to make such a determination at the expiration of twenty-four months after the commencement of institutional custody, he shall advise the court and the Attorney General or United States Attorney whichever shall be charged with the prosecution of the complaint whether treatment should be continued. The court in its discretion may affirm the commitment or terminate it and resume the pending criminal proceeding.
(b) An individual who is conditionally released from institutional custody shall, while on release, remain in the legal custody of the Commissioner of Health and shall report for such supervised aftercare treatment as the Commissioner of Health directs. He shall be subject to home visits and to such physical examination and reasonable regulation of his conduct as the supervisory aftercare authority establishes, subject to the approval of the Commissioner of Health. The Commissioner of Health, at any time, may order in writing a conditionally released individual to return for institutional treatment. The Commissioner of Health's order shall be a sufficient warrant for the supervisory aftercare authority, a probation officer, or any officer authorized to serve criminal process within the Virgin Islands to apprehend and return the individual to institutional custody as directed. If it is determined that an individual has returned to the use of narcotics, the Commissioner of Health shall inform the court of the conditions under which the return occurred and make a recommendation as to whether treatment should be continued. The court after notice and hearing and for good cause shown may affirm the commitment or terminate it and resume the pending criminal proceeding.
(c) The total period of treatment for any individual committed to the custody of the Commissioner of Health shall not exceed thirty-six months. If, at the expiration of such maximum period, the Commissioner of Health is unable to certify that the individual has successfully completed his treatment program, the pending criminal proceeding shall be resumed.
(d) Whenever a pending criminal proceeding against an individual is resumed under this subchapter, he shall receive full credit toward the service of any sentence which may thereafter be imposed, for any time spent in the institutional custody of the Commissioner of Health or the Police Commissioner or any other time spent in institutional custody in connection with the matter for which sentence is imposed.