V.I. Code tit. 5, § 3637 (2019)
2019 US Virgin Islands Code|Title 5 - Judicial Procedure|Subtitle 3 - Criminal Procedure|Part I - Procedure Generally|Chapter 309 - Conduct of the Trial; Verdict|§ 3637. Mental illness of the defendant

 (a) If the defense is the mental illness of the defendant, the jury shall be instructed, if they find him not guilty on that ground, to state that fact in their verdict, and the court shall thereupon commit the defendant to a forensic unit for custody, care and treatment from which he shall not be discharged until the court is satisfied that he has regained his capacity for judgment, discretion and control of the conduct of his affairs and social relations. If no forensic unit exists in the Territory, the defendant shall remain in the custody of the Bureau of Corrections to be treated by the appropriate physicians until the necessary arrangements to transfer the defendant to a forensic unit outside of the territory. (b) Where any person has been confined in a forensic unit pursuant to the provisions of subsection (a) of this section or otherwise in accordance with law, and the superintendent or head of such forensic unit certifies (1) that such person has regained his capacity for judgment, discretion and control of the conduct of his affairs and social relations, (2) that, in the opinion of the superintendent or head, such person will not in the reasonable future be dangerous to himself or others, and (3) in the opinion of the superintendent or head, the person is entitled to discharge from the forensic unit, and such certificate is filed with the clerk of the court in which the person was tried, and a copy thereof served on the United States attorney, such certificate shall be sufficient to authorize the court to order the discharge of the person so confined from further hospitalization; but the court in its discretion may, or upon objection of the United States attorney shall, after due notice, hold a hearing at which evidence as to mental condition of the person so confined may be submitted, including the testimony of one or more psychiatrists from said forensic unit. Evidence may be submitted upon deposition or interrogatories in the case of any forensic unit located more than 100 miles from the Virgin Islands. The court shall weigh the evidence and, if the court finds that such person has regained his capacity for judgment, discretion and control of the conduct of his affairs and social relations and will not in the reasonable future be dangerous to himself or others, the court shall order such person discharged from further confinement in said forensic unit. If the court does not so find, the court shall order such person returned to said forensic unit. (c) Where, in the judgment of the superintendent or head of such forensic unit a person confined pursuant to the provisions of subsection (a) of this section, is not in such condition as to warrant his discharge, but is in a good condition to be conditionally released under supervision, and such certificate is filed and served in the same manner as provided in the preceding section, such certificate shall be sufficient to authorize the court to order the release of such person under such conditions as the court shall see fit. Provided, that the provisions of the preceding subsection as to hearing prior to discharge shall also apply to conditional releases, and, if, after a hearing and weighing the evidence, the court shall find the condition of such person warrants his conditional release, the court shall order his release under such conditions as the court shall see fit, or, if the court does not so find, the court shall order such person returned to such forensic unit. And provided, further, that in the case of a person confined to an forensic unit outside the Virgin Islands the order of conditional release shall include a provision that such conditional release under supervision shall be effected in the place in which the person was tried and within the jurisdiction of the court.