Chapter 1. Department of Corrections

§10101. Inmate‘s Responsibility for Personal Hygiene. Inmates shall keep themselves clean and practice those health habits essential to the maintenance of physical and mental well-being.

§10102. Purchasing and Issuing Supplies. At regularly scheduled times, inmates are allowed to acquire authorized toiletries and grooming articles conducive to good personal hygiene. Such toiletries and grooming articles shall not be shared with others. Reasonable time shall be al…

§10103. Showers. Inmates shall shower daily in accordance with unit schedules.

§10104. Hair Care. (a) Male inmates may have their hair cut as often as is practicable or necessary, and/or where directed by the Director. Hair shall be worn in a neat manner, and be clean, and well groomed. If facial appearance is substantially changed, new pictures shall be re…

§10105. Grooming Routines. Inmates shall normally be permitted to shave daily.

§10106. Housing Area. (a) All areas of inmate housing shall be ventilated by windows, ducts or mechanical means to provide proper circulation of air and to eliminate objectionable odors and condensation without inducing drafts. All spaces shall be lighted to provide a degree of i…

§10107. Care of Quarters. (a) Inmates shall keep their cells and surroundings neat and sanitary as prescribed, and free of any obstructions that would hinder security operations. (b) Inmates shall not alter the quarters or equipment without specific written authorization from the…

§1101. General Provisions

§1102. Prior Rules and Regulations. All prior rules and regulations promulgated under the authority stated hereinbefore for the operations of the Department of Corrections are hereby amended. Insofar as the provisions of previous executive orders are in conflict with this Order, …

§1103. Purpose. Inmates shall have all those rights and responsibilities as set forth in these Rules and Regulations, not otherwise inconsistent with statutory or case law. This Executive Order is adopted for the purpose of regulating the internal management of Guam's Correctiona…

§11101. Work Details. Inmates may be assigned to work on sanitation details in addition to maintaining their own immediate living and work areas.

§11102. Inspections. The Unit Manager shall ensure that all housing areas are kept in a sanitary and clean condition. The Prison Security Administrator shall conduct periodic inspections of all areas. Ch. 1 - Department of Corrections Art. 11 - Sanitation - 1997 - p. 60 24 GAR - …

§1201. Civil Rights Acts. The Civil Rights Act of 1871 (42 U.S.C. Section 1983) prohibits a person, acting under color of law (e.g., a Corrections Officer), from depriving any other person (such as an inmate) of rights under the United States Constitution or federal laws. As long…

§1202. Personal Damages. The Civil Rights Act permits the recovery of personal damages against one who violates the inmate's civil rights under the color of law. However, staff personnel are protected by a qualified immunity which prevents the imposition of damages unless the inm…

§12101. Authorized Items of Clothing. Inmates shall be provided or permitted to have adequate clothing to meet their needs during their period of incarceration. They shall possess only those items of clothing issued to them and specifically authorized. The Department shall provid…

§12102. Marking Clothing. All inmate clothing issued by the Department shall be marked with the inmate's name.

§12103. Neatness of Clothing. All inmates shall be properly clothed at all times in accordance with departmental regulations, and shall keep their clothing as neat and clean as conditions permit. All clothing shall be laundered on a regular basis.

§12104. Alteration of Clothing. Inmates shall not alter issued clothing without authorization. If their regular issue does not meet their needs, the Director may authorize special issue. §1§05. Jewelry, Medallions, Ornaments and Watches. (a) The wearing of jewelry, medallions and…

§12105 Jewelry, Medallions, Ornaments and Watches

§12106. Inmate Personal Property Items. (a) Inmates shall be allowed to have specified personal items. The Department shall issue a policy listing authorized items and only those items shall be permitted. Inmates shall be required, upon request, to account for any personal proper…

§1301. General Provisions. It is the policy of the Department of Corrections to have in place in each of its facilities a system of inmate discipline that serves to protect the public, inmates, and staff members, and maintains order in the facility, through the impartial applicat…

§1302. Inmate Rights and Responsibilities. It is the policy of the Department of Corrections to establish rules and regulations that would create a balance between the inmate's expression of his rights and the preservation of Institutional order. This section shall generally desc…

§1303. Purpose. (a) The purpose of the Inmate Rules and Discipline is to ensure that a plan of inmate discipline is established within the Department. The objectives are: (1) To define and give notice of unacceptable behavior; (2) To specify the possible sanctions that may be imp…

§1304. Categories of Prohibited Acts and Schedule of Sanctions. There are four (4) categories of prohibited acts: Greatest, High, Moderate and Low. Specific sanctions are authorized for each category. Imposition of a sanction requires that the inmate is first found to have commit…

§1305. Prohibited Acts: Greatest Misconduct Category Code Prohibited Acts. [Contact the Department of Corrections for the Codes, Prohibited Acts and Sanctions Table]

§1306. Prohibited Acts: High Misconduct Category. [Contact the Department of Corrections for the Codes, Prohibited Acts and Sanctions Table]

§1307. Prohibited Acts: Moderate Misconduct Category

§1308. Prohibited Acts: Low Misconduct Category. [Contact the Department of Corrections for the Codes, Prohibited Acts and Sanctions Table] Ch. 1 - Department of Corrections Art. 3 - Inmate Rules and Discipline - 1997 - p. 9 24 GAR - Penology & Corrections…

§1309. Prohibited Acts: Outside Assignments or Programs. The following prohibited acts apply to inmates assigned to Work Release, Education Release (WREC), Extension of Limits of Confinement (ELOC), Prisoner Public Works Program (PPWP), or any assignment/work detail occurring awa…

§1310. Aiding, Attempting or Conspiring in the Commission of an Offense. In all categories of severity, aiding another person to commit any offense, attempting to commit any offense, and making plans to commit any offense, shall be considered the same as a commission of the offen…

§13101. General Provisions. The Department of Corrections shall provide reasonable medical, surgical, psychiatric, dental and psychological treatment for inmates and shall maintain adequate facilities and staff for those services, or provide referrals for such services. Every per…

§13102. Medical Responsibilities. Aside from qualified medical practitioners, only departmental employees who are members of the medical staff or Forensic Unit, including consultants, may diagnose inmate illnesses or prescribe medical treatment. First-aid may be given by qualifie…

§13103. Daily Sick Call and Observation of Segregated Inmates. (a) Sick call is conducted as scheduled by the Department. However, inmates may see medical or psychological personnel, when necessary, at any time. (b) It is the Department's goal that inmates in segregation or const…

§13104. Use of Private and Community Medical Facilities. Medical services of special type which are not available during a physician's visit or which cannot economically or properly be provided by the Department of Corrections shall be acquired through referrals.

§13105. Inmate Refusal of Treatment. No treatment will be forced over the objection of the inmate except: (a) Where the inmate is unable to make a personal judgment regarding his/her treatment. (b) When the inmate is dangerous to others or is suicidal.

§13106. Blanket Informed Consent for Treatment. Although inmates are required to submit to examinations, they may refuse medical, surgical or psychological treatment. Upon admission, staff members shall obtain a "blanket consent" to administer such treatment procedures. Special o…

§13107. Administration of Medications. (a) No one shall give medication or administer treatment with the exception of first-aid, unless under the express direction or prescription of a physician. Medications prescribed by a physician shall be administered, in the manner prescribe…

§1311. Sanctions for Repetition of Prohibited Acts Within the Same Category. When the appropriate body finds that there has been a repetition of the same offense(s), the hearing body may impose additional sanctions according to the following schedule. An informal resolution shall…

§1312. Disciplinary Actions Defined. (a) Recommend Parole Retardation. Recommendations against parole may be submitted to the Territorial Parole Board. (b) Referral to Adjustment Classification Committee. This Committee shall review recommendations for possible demotion in classi…

§1313. Suspension of Sanctions. Suspension of sanctions shall not exceed six (6) months. Suspended sanctions shall not be executed unless the inmate commits a subsequent offense. Suspended sanctions may only be executed by the body that imposed them.

§1314. Incident Report. Where rule violations require the filing of an incident report, the report should include, but not limited to the following: Ch. 1 - Department of Corrections Art. 3 - Inmate Rules and Discipline - 1997 - p. 13 24 GAR - Penology & Corrections (a) Specific …

§1315. Receipt of Charges Against Inmate. When an incident report is filed by the staff witnessing an incident, the inmate shall acknowledge receipt of the charge(s) against him within twenty-four (24) hours, unless circumstances prevent this, such as an extended investigation, e…

§1316. Investigation. An investigation shall be initiated by the supervisor of the employee who reported the incident after the inmate receives a copy of the charges. The supervisor will make a decision within seventy-two (72) hours whether to refer the incident to the DHO or the…

§1317. Pre-Hearing Detention

§1318. Commission of Acts Covered by Statutory Law. Where an inmate allegedly commits an act covered by statutory law, the case shall be referred for possible criminal prosecution to the appropriate law enforcement officials by the Prison Security Administrator.

§1319. Notification of Disciplinary Hearing. The inmate shall be notified in writing of the date and time of the initial disciplinary hearing, with notice given not less than twenty-four (24) hours in advance.

§1320. Continuances. The inmate, staff representative, or presenting staff may be allowed a continuance to prepare for the presentation, when approved by the DHO or DHB. Continuances must not exceed seven (7) business days.

§1321. Presence at Hearing. The inmate has a right to be present at hearings, except during the deliberations. When the inmate's presence threatens security, the inmate will be excluded and the reason(s) for the exclusion must be documented.

§1322. Waiver of Right to be Present at Hearing. If the inmate waives the right to be present at hearings, it must be in writing signed by the inmate. If the inmate refuses to sign the waiver, a document shall be prepared and signed by staff, witnessed by a second staff member in…

§1323. Inmate Representation at Hearing