Title 46 — Criminal Justice

(a) In felony cases where the circumstances surrounding the commission of the crime or other circumstances brought to the attention of the court indicate a strong likelihood that the defendant is suffering from a mental disease or disorder, and the court desires more detailed inf…

(a) Upon a finding of guilt upon verdict or plea, except as provided in 46.3513, the court shall decide the extent or duration of sentence or other disposition to be imposed under all the circumstances, having regard to the nature and circumstances of the offense and the history …

(a) The Legislature finds and declares that: (1) the number of victims of crime increases daily; (2) these victims suffer undue hardship by virtue of physical injury or loss of property; (3) persons found guilty of causing this suffering should be under a moral and legal obligati…

The Department of Public Safety may, as a means of assisting in the rehabilitation of persons committed to its care, establish programs and procedures whereby those persons may contribute toward restitution, in money or service, of those persons injured as a consequence of their …

In connection with the prosecution of any misdemeanor or felony domestic violence or sexual assault offense, the victim or abused shall not bear the costs associated with filing criminal charges and prosecution of a domestic violence or sexual assault defendant, including filing …

(a) A person who has been convicted of a class C or D felony may be sentenced: (1) to pay a fine not exceeding $5,000; or (2) if the offender has gained money or property through the commission of the crime, to pay an amount, fixed by the court, not exceeding 2 times amount of th…

(a) Except as otherwise provided for an offense outside this part, a person who has been convicted of a misdemeanor or infraction may be sentenced to pay a fine not exceeding: (1) $1,000 for a class A misdemeanor; (2) $500 for a class B misdemeanor: (3) $300 for a class C misdeme…

(a) A sentence to pay a fine, when imposed on a corporation for an offense defined in this title or for any offense defined outside this title for which no special corporate fine is specified, shall be a sentence to pay an a-mount, fixed by the court, not exceeding: (1) $10,000 w…

(a) In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view of the financial resources of a defendant. The court may not sentence an offender to pay a fine in any am…

(a) When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the court upon motion of the Attorney General or upon its own motion, may require him to show cause why he should not be imprisoned for nonpayment. The court may issue a warran…

When a fine is imposed on a corporation it is the duty of the person or persons authorized to make disbursement of the assets of the corporation and their superiors to pay the fine from the assets of the corporation. The failure of those persons to do so shall render them subject…

Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgments. History: 1979, PL 16-43 § 2.

A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion of it. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist …

(a) The Chief Justice of the High Court of American Samoa, pursuant to ASCA 3.0205, may appoint 1 or more suitable persons to serve as probation officers within the jurisdiction and under the direction of the court. (b) The Chief Justice may designate existing court employees to …

The probation officer shall: (1) furnish to each probationer under his supervision a written certificate stating the con-ditions of probation and instruct him regarding it; (2) keep informed concerning the conduct and condition of each probationer tinder his supervision and repor…

The court may place a person on probation for a specific period upon conviction of any offense or upon suspending imposition of sentence if, having regard to the nature and circum-stances of the offense and to the history and character of the defendant, the court is of the opinio…

(a) Unless terminated under 46.2207 through 46.2215, the terms during which probation shall remain conditional and be subject to revocation are: (1) a term of years not less than 1 year and not to exceed 5 years for a felony; (2) a term not less than 6 months and not to exceed 2 …

(a) While on probation, and among the conditions thereof, the defendant: (1) may be required to pay a fine in 1 or several sums; and (2) may be required to make restitution or reparation, in money or in service, to the victim of his conduct for the damage or injury which was caus…

Except in infraction cases, when probation is granted, the court, in addition to conditions imposed under 46.2205, may require as a condition of probation that the defendant submit to a period of detention in an appropriate institution at whatever time or intervals within the per…

A term of probation commences on the day it is imposed. Multiple terms of probation, whether imposed at the same time or at different times, shall run concurrently. Terms of probation shall also run concurrently with any federal, state, or territorial jail, prison, probation or p…

The court may terminate a period of probation and discharge the defendant at any time before completion of the specific term fixed under 46.2204 if warranted by the conduct of the defendant and the ends of justice. Procedures for termination and discharge may be established by ru…

If the defendant violates a condition of probation at any time prior to the expiration or termination of the probation term, the court may continue him on the existing conditions, with or without modifying or enlarging the conditions, or, if the continuation, modification, or enl…

Probation shall not be revoked without giving the probationer notice and an opportunity to be heard on the issues of whether he violated a condition of probation and, if he did, whether revocation is warranted under all the circumstances. History: 1979, PL 16-43 § 2.

At any time during the term of probation, the court may issue a notice to the probationer to appear to answer a charge of a violation and the court may issue a warrant of arrest for the violation. The notice shall be personally served upon the probationer. The warrant shall autho…

Any probation officer, if he has probable cause to believe that the probationer has violated a condition of probation, may arrest the probationer without a warrant, or may deputize any other officer with the power of arrest to do so by giving him a written statement of the circum…

(a) If the probationer is arrested under the authority granted in 46.2211 and 46.2212, he has the right to a preliminary hearing on the violation charged. He shall be notified immediately in writing of the alleged probation violation. The preliminary hearing shall be heard by the…

Upon arrest and detention, the probation officer shall immediately notify the sentencing court and shall submit to the court a written report showing in what manner the probationer has violated the conditions of probation. Thereupon, or upon arrest by warrant, the court shall cau…

The power of the court to revoke probation shall extend for the duration of the term of probation designated by the court and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration; provided, that some affirmative manife…

The authorized terms of sentences of imprisonment, including both prison terms and parole terms are: (1) for a class A felony, life imprisonment, or a term of years not less than 10 years and not to exceed 30 years; (2) for a class B felony, a term not less than 5 years and not t…

In cases of class C and D felonies, the court has the discretion to imprison for a special term not to exceed one year in the territorial correctional facility or other authorized penal institution, and the place of confinement is to be fixed by the court. If the court imposes a …

(a) When a sentence of imprisonment for a felony is imposed, the court shall commit the defendant to the custody of the corrections division for the term imposed under 46.2301, or until released under procedures established elsewhere by law. (b) When an extended sentence of impri…

(a) A sentence of imprisonment for a term of years consists of a prison term and a parole term. A minimum prison term of 1/3 of the sentence of imprisonment or 15 years in cases of life sentences for crimes other than murder in the first degree, must be served by a prisoner befor…

(a) The court may sentence a person who has pleaded guilty to or has been found guilty of a class B, C, or D felony to an extended term of imprisonment if it finds the defendant is a persistent offender or a dangerous offender. (b) A “persistent offender” is one who has been prev…

(a) The court shall not impose an extended term under 46.2305 (a), (b), (c), or (d) unless: (1) the indictment or information, original, amended, or in lieu of an indictment, pleads all essential facts warranting imposition of an extended term; and (2) after a finding of guilty o…

(a) Multiple sentences of imprisonment run concurrently unless the court specifies that they run consecutively or as otherwise provided by law. (b) If a person who is on probation or parole, or conditional, is sentenced to a term of im-prisonment for an offense committed after th…

(a) A person convicted of a crime in this Territory shall receive as credit toward service of a sentence of imprisonment all time spent by him in prison or jail both because awaiting trial for the crime and pending transfer after conviction to the corrections division or the plac…

Pending the hearing and determination of an appeal, execution of the final sentence of the High Court, except a sentence of death, will not be stayed unless the appellate division, the trial division, or the Chief Justice orders a stay for cause shown and upon such terms as it or…

The following procedure shall apply to appeals taken to the appellate division of the High Court: (a) Before filing a notice of appeal, a motion for a new trial shall be filed within 10 days after the announcement of the judgment or sentence. (b) A notice of appeal shall be filed…

(a) The appellate division may set aside the judgment of conviction and, if the defendant has appealed or requested a new trial, it may order a new trial or commute, reduce (but not increase), or suspend the execution of the sentence, in whole or in part. (b) Findings of fact may…

(a) In a criminal case, the government may appeal in the following instances: (1) from a judgment, order or other decision of acquittal, arresting a judgment of conviction, or dismissing the information, complaint or other accusation, or any count thereof, where the decision is b…

Able-bodied persons confined to prison pending trial may be required to do light labor. History: 1963, PL 8-3; 1966, PL 9-44.

An able-bodied person confined in prison as punishment for an offense may be required to perform labor during the whole or any part of the time of the sentence unless the sentence provides otherwise. The labor required may be ordinary labor in the case of males and light labor in…

Prisoners may not be placed in solitary confinement except for the purpose of discipline and then only upon the written order of the Attorney General. If a prisoner is so confined, it shall be for not more than 10 days for any one offense. A prisoner who has been placed in solita…

There is established as a function of the Department of Public Safety a rehabilitative release program for the prisoners serving prison sentences at the territorial correctional facility, comprised of work release, educational and vocational release, and funeral release. History:…

As used in this chapter, unless the context clearly requires otherwise: (1) “Work release” means the release of an inmate to the community to be employed for wages. Release for employment may be authorized each day between the hours of 6:00 o’clock A.M. and 6:00 o’clock P.M., for…

(a) The Commissioner of Public Safety is responsible for the administration of the prisoner rehabilitative release program. He shall make periodic review of the rules and law governing the release program. As deem advisable he shall make appropriate changes to existing rules and …

The rehabilitative release program shall be available to all sentenced inmates confined in the territorial correctional facility who meet the qualifications stated below. (a) Inmates who are serving terms of detention as a condition of probation are eligible, but their employment…

The work place assigned by an employer, or other place designated in the rehabilitative release program contractual agreement and the direct route to and from those designated places, are an extension of confinement. A person commits the crime of escape from rehabilitative releas…

(a) It is the duty of a rehabilitative release program employer, teacher, instructor, or any other person who has authority over or directs the educational or vocational activities of a participating inmate to immediately report to the Territorial Correctional Facility the absenc…

(a) Any person who agrees to transport an inmate between the territorial correctional facility, or any other facility designated as a place of custody, and the inmate’s place of work shall sign a transportation agreement. No rehabilitative release inmate shall be permitted to lea…