The U.S. Virgin Islands Police Department Consent Decree

On September 22, 2022, the Parties filed a joint motion to appoint Sydney Roberts, as principal for Jensen Hughes, as the Independent Monitor of the Consent Decree (CD) in this case. On November 16, 2022, Chief Judge Robert A. Molloy granted this motion.

In 2009, the U.S. Department of Justice (DOJ), the Territory of the Virgin Islands and the Virgin Islands Police Department (VIPD) (collectively referred to as the Parties) entered into a CD to address allegations of a pattern or practice of uses of force by officers of the VIPD that deprived people of the rights, privileges or immunities secured or protected by the Constitution or the laws of the U.S.

The aim of this CD is to promote effective, respectful and constitutional policing practices that embody police integrity. The CD includes 51 substantive compliance paragraphs directly targeting the policing practices of the VIPD. For monitoring purposes, we have broken the paragraphs into the following strategic areas:

  • Use of Force: 11

  • Citizen Complaint Process: 17

  • Management and Supervision: 14

  • Training: 9

Since 2009, there have been several amendments to the CD. On December 13, 2012, pursuant to a joint motion filed by the Parties, the U.S. District Court of the Virgin Islands (Court) ordered amendments to Use of Force paragraphs 32 through 38 and Citizen Complaint paragraph 43. The second amendment to the CD occurred on August 21, 2015. This Court Order amended paragraphs 96 and 98, added paragraph 105, and focused on the reporting requirements of the Monitor and the Territory.

After significant work and dedication by the VIPD, in December 2018, the Court found the VIPD to be in substantial compliance with each paragraph of the CD. Pursuant to the CD, that finding of substantial compliance triggered a two-year sustainment period during which the VIPD was monitored to ensure the reform measures implemented to achieve substantial compliance were sustained. By early 2019, the VIPD began to struggle to remain in substantial compliance in key areas within each strategic area under the CD, with the exception of Training. Consequently, in December 2020, it was determined that the VIPD had not sustained compliance in each of the paragraphs, and termination of the CD was deemed not warranted.

On May 25, 2021, following VIPD’s demonstrated substantial compliance with the requirements of the CD’s Training section, specifically paragraphs 73 through 81, at the request of the Parties, the Court ordered the Training section of the CD to be terminated.

On March 26, 2024, at the Court’s order, at the request of the Parties and with the concurrence of the IMT, the VIPD entered the two-year sustainment period for substantial compliance with the CD Citizen Complaint section, specifically paragraphs 42 through 58. The Court’s ruling came following two consecutive quarters in which the IMT found the VIPD to be in substantial compliance with the relevant paragraphs, the concurrence of the U.S. and VIPD’s demonstrated ability to self-monitor.

At present, the Monitor is focused on examining and overseeing VIPD’s continued efforts to come into substantial compliance with the outstanding sections of the CD — specifically Use of Force and Management and Supervision — while ensuring continued substantial compliance with the Citizen Complaint section of the CD.

The Monitor’s Role

The Monitor is tasked with evaluating VIPD’s progress implementing the CD’s reform requirements. To complete this role, the Monitor works with a team of public safety subject matter experts in use of force; oversight and accountability; search and seizure; community policing; training; and change management and organizational transformation. The Monitor will work with the stakeholders – community, institutional, Territory and the DOJ – to understand and evaluate VIPD’s progress and report on it annually.

To evaluate VIPD’s progress and the degree to which they are substantially compliant with the requirements of the Consent Decree, the Monitor will carry out data reviews, evaluations of policies and practices, observations and interviews. We will report on the outcomes of our reviews and assessments quarterly, identifying systemic changes, improvements and concerns, where applicable. We will do so in a manner that will provide transparency, oversight and accountability to policing in the U.S. Virgin Islands.

It is important to note that the Monitor does not have authority to act in place of the Commissioner or Governor. The Monitor cannot directly address individual complaints. The Monitor ensures the reforms called for in the Judgment establish sustainable police practices that are delivered in a procedurally just manner and consistent with the values of the U.S. Virgin Islands community. This will benefit all individuals in the U.S. Virgin Islands.

We welcome your thoughts, insights and questions to the Independent Monitor. Please click here to reach the Monitor Team directly.

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