A regular Source feature, Undercurrents explores issues, ideas and events as they develop beneath the surface in the Virgin Islands community. This is the second in a series of columns about the V.I. Parole Board and the process of parole.
Talk about tough decisions. Probably no one has a more difficult choice than the members of the V.I. Parole Board who must weigh the community’s right to punish wrongdoers and to protect its members from likely future harm against the goal of rehabilitation with its inherent promise of a return to society.
In the last two years, the board has made that tough decision 60 times. In 38 of the cases it heard, the board denied the prisoner’s request for parole. In 22 cases, it granted the request.
The board may set terms and conditions for parole. At a minimum, as spelled out in the V.I. Code, a parolee “may not frequent places where intoxicating liquors are sold, shall not associate with persons of bad repute, shall conduct himself honorably and work diligently and shall not violate any laws.”
Except with written permission, a parolee may not leave the territory even for a short time. If he wants to relocate to another U.S. jurisdiction, he must get the probation office in that state to agree to take on the responsibility of his supervision.
Darien Wheatley of the V.I. Justice Department, which has oversight for parole, said relocation is rare. He estimated about 2 percent of parolees move out of the territory.
A person caught violating the conditions of his parole can be arrested. In such cases, the individual may request a Parole Board hearing. In the last two years, records of the board list six such hearings, with the board revoking parole in four of those cases.
When a prisoner returns, the clock starts running again on his sentence and any time he spent outside of jail on parole does not count against his sentence. He may apply again for parole, once he meets all the requirements, including a record of exemplary conduct for at least six months.
The current board is functioning without a quorum, with just three of the seven voting members required by statute. That means that in the normal circumstances of a prisoner having served at least one-half of his sentence, the board can approve parole only if all three members agree. It can’t even consider early parole in the “unusual or extenuating circumstances” that allow for release after just one-third of a sentence because that requires a two-thirds vote by all the voting members of the board.
Wheatley has not said just how long the board has been operating under capacity, but indications are that it has not had seven voting members for years. Insiders suggest it is difficult to find candidates to serve on the board partly because of the legislative scrutiny nominees must undergo and partly because of the difficult nature of their service.
Asked the status of nominations, Government House spokesman Jean Greaux said this week, “The governor is in the process of reviewing vacancies on several board and commissions including the VI Parole Board. We have regularly requested for potential nominees to submit their names and resumes so that the proper due diligence can be conducted. Nominees to practically all boards and commissions require the advice and consent of the Legislature.”
Greaux also provided the qualifications for Parole Board members, the term length and compensation for service.
Of the seven voting members, at least three must be from St. Croix and three from the district of St. Thomas-St. John. The Attorney General serves as an eighth ex officio and nonvoting member.
“No officer or employee of the judicial branch of the government or any division, bureau or other unit within the department having supervision, direction or management of the police force shall be appointed as a member of the board,” the qualification state. Membership does require legislative approval.
Terms are two years and members may serve more than one term. The group elects its own chairman from among the board members.
Members are entitled to necessary travel expenses and a payment of $50 per each day or part of a day on which it meets.
