Rule 5-1 Bail

(a) Generally. Subject to any specific statutory provisions, before conviction all persons shall be bailable on conditions approved by the court.

(b) Forms of Bail or Release Conditions. Excessive bail shall not be required. The court shall impose the least restrictive of the following non-exhaustive range of conditions of release that will reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process; or, if no single condition gives that assurance, shall impose any combination of the following conditions:

(1) Personal Recognizance. Pre-trial release based upon the promise that the person will appear for trial or any proceeding in connection therewith as ordered by the court. This type of bail is used in place of a bail bond when the judge is satisfied that the defendant will appear without the need for a surety bond or other form of security.

(2) Unsecured Bail Bond. Where the court finds unsecured personal recognizance inadequate, a bail bond in an amount for which the defendant is fully and personally liable upon failure to appear in court when ordered to do so or upon breach of a material condition of release, but which is not secured by any deposit of or lien upon property.

(3) Travel and/or Residence Restrictions. Where appropriate, placement of restrictions on the travel, association, or place of abode of the defendant during the period of release;

(4) Custody of Designated Person or Organization. Where appropriate, placement of the defendant in the custody of a designated person or organization agreeing to supervise the defendant;

(5) Surety Bond. Where personal recognizance, an unsecured bond and other conditions listed in (3) and (4) above are found inadequate, an undertaking by the defendant and sureties, jointly or severally, that the defendant shall appear for trial or any related proceeding as ordered and upon failure to do so defendant and the sureties shall pay the Virgin Islands Government the amount set by the court as bail, or the property used to secure the defendant's release may be forfeited to the extent of the bail. Every surety, except a corporate surety, shall justify by affidavit and shall be required to describe in the affidavit the property by which the surety proposes to be justified and the encumbrances thereon, the number and amount of other recognizances and undertakings for bail entered into by the surety and remaining undischarged, and all of the surety's other liabilities. No recognizance shall be approved unless the surety thereon shall be qualified.

(6) Cash Bail Bond. Where none of the foregoing forms of bail is found adequate by the court to assure the presence of the defendant for trial, protect the community from risk of physical harm to persons, or assure the integrity of the judicial process, a sum of money designated in an order fixing bail and posted with the court by a defendant or by another person on defendant's behalf upon condition that such money will be forfeited if the defendant: (1) does not comply with the directions of the court requiring appearance at the criminal trial or related proceedings and (2) does not otherwise render the defendant amenable to the orders and processes of the court.

(7) Additional bail. As provided in 5 V.I.C. § 3506, when proof is made to the judge that a person previously admitted to bail on a criminal charge is about to abscond, and that bail is insufficient, the judge shall require such person to give better security, or, for default thereof, cause the person to be committed; and an order for the person's arrest may be indorsed on the former commitment, or a bench warrant therefor may be issued, setting forth the cause thereof. The bench warrant shall be issued by the clerk, upon direction of the judge.

(c) Form and Place of Deposit. Unless otherwise ordered by the court, a person admitted to bail shall, together with any sureties, except a corporate surety, shall sign and execute before the person authorized to admit to bail a recognizance conditioned upon the person's appearance at all stages of the proceedings until final determination of the cause. One or more sureties may be required. Cash may be accepted, and in proper cases, no security need be required. A corporate surety must be one registered with the Lieutenant Governor and acceptable to the court after review of its financial ability to satisfy all pending surety obligations.

(d) Third Party Custodian. In addition to the foregoing, the court may require a third party custodian to further ensure compliance with the terms of the release and the appearance of the defendant in each of the foregoing instances. Each custodian must fully execute under oath the Third Party Custodian Consent Form before a defendant may be released.

(e) Authority to Admit to Bail.

(1) In the absence of the judge, a person arrested and charged with a criminal offense which may be tried by the Superior Court, may, before appearance before the judge, be admitted to bail by the clerk of the Court; and in the absence of the judge and the clerk, may be admitted to bail by the chief of police or a public official, other than the arresting officer, designated for such purposes by the judge.

(2) In any case in which the judge may admit to bail, the judge may authorize the taking of the bail by the clerk or deputy clerk of the court or the chief of police or a public official, other than the arresting officer, in the amount fixed by the judge.

(f) Bail for a Witness. The judge may, when the ends of justice so require, bind with sufficient surety all persons who give testimony against one accused of a criminal offense punishable by death or imprisonment in the penitentiary for more than one year, whether the offender be arrested, imprisoned, bailed or not.

(g) Motions to Modify Terms of Release. If either the attorney for the defendant or the prosecution seeks any modification of the conditions of a defendant's release, the party making the motion must first confer with the opposing party or give reasons for not so conferring. The motion must indicate whether the opposing party has any objection.

(h) Forfeiture.

(1) Declaration. If there is a breach of a condition of release, the court having jurisdiction may declare a forfeiture of the bail, in accord with 5 V.I.C. § 3505.

(2) Setting aside. The court may direct that a forfeiture be set aside upon such condition as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.

(3) Enforcement. When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon. By entering into a surety bond, the obligors submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors to the last known addresses.

(4) Remission. After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in paragraph (b) of this rule.

(i) Exoneration. When the condition of the recognizance has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the recognizance or by a timely surrender of the defendant into custody. Cash bail shall be returned by the court by check payable to the person whose name is on the receipt for the cash bail, except where that person executes an affidavit authorizing the Court to return the bail to someone else.

Effective December 1, 2017 (Promulgation Order 2017-010)