Senators Who Were Former Enforcement Officers Vote Against Bill Giving Victims Notification When an Offender is Released; 9 Measures Move Forward

A majority of senators who make up the Committee on Rules and Judiciary on Thursday voted in favor of legislation that would make it mandatory for victims of various types of bodily harm criminal offenses to be notified whenever the perpetrator is released on bail or after serving a custodial sentence. However, the bill's sponsor, Senate President Donna Frett-Gregory expressed concern that two senators who formerly served as enforcement officers voted against the measure.

“It protects victims and defines crimes against the victim as criminal offenses such as bodily harm, assault, kidnapping, and rape and requires notification of victims. This definition expands the notification beyond domestic violence. Currently, the law requires notification if there is an alleged crime associated with domestic violence,” said Ms. Frett-Gregory while calling on the senators to think of persons who had crimes committed against them.

However, speaking during a point of personal privilege, Senator Kenneth Gittens said his decision to vote no was based on his understanding that there are legislative measures that already provide for notification to be communicated to victims of crimes.

“You are perplexed that we did not support the measure; this is what happens when we try to just shuttle things through and not have the proper discussion in taking this measure forward,” Mr. Gittens said as he sought to justify his no vote.

The senator said there is already a victims aggregate within the V.I. Police Department and the V.I. Department of Justice. “If those two layers fail, my goodness! He later criticized the measure for what he suggested was inconsistencies. "In the amendment offered you are talking about no more than 15 days before the defendant is released in one aspect, and in the next aspect you are talking about not later than 30 days after the defendant is released. So, which one is it?” he asked.

Senator Franklin Johnson, a former corrections officer who also voted against the measure, defended his vote. “There is something called Victims of Violent Crimes and based on that Act alone, victims know when the perpetrators are being released. This is something I know about — I am not guessing — from my working in the prison."

Senator Genevieve Whitaker also voted against the bill. She said she supports the measure's intent but believes those goals are already mandated in Act 7519, and that Bill 34-0141 is simply adding more layers.

Bill No. 34-0141 is an Act amending Virgin Islands Code Title 34, Chapter 8 to require the Bureau of Corrections and the V.I. Attorney General’s Office to notify expeditiously victims of the release of the perpetrator. The bill also amends Title 5, Chapter 407, Section 4606 relating to restitution and notification of victims of crime by the Territorial Parole Board of an inmate’s release to increase the time, contents, and the methods of notification to a crime victim of an inmate’s release.

The Committee on Rules and Judiciary includes chairman Sen. Milton Potter, vice chair Mr. Gittens, Sens. Novelle Francis, Carla Joseph, Steven Payne, Ms. Whitaker and Mr. Johnson. Sens. Francis, Potter, Joseph and Payne supported the measure, resulting in its approval. The three who voted against the bill were all St. Croix lawmakers.